x`g ea=ky;

ubZ fnYyh] 23 vizSy] 2014

dkñvkñ 1299-&&dsUnzh; ljdkj] jktHkk"kk ¼la?k ds 'kkldh;

iz;kstuksa ds fy, iz;ksx½ fu;e] 1976 ¼;Fkk la'kksf/kr] 1987½ ds

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

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

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

djrh gS%µ

1- dsñvkSñlqñ cy 7oha vkjf{kr okfguh fd'rokM+ ¼tEew ,oa

d'ehj½

2- dsñvkSñlqñ cy bdkbZ vkjñ,pñihñihñ fiijh ¼mÙkj izns'k½

3- dsñvkSñlqñ cy bdkbZ ihihlh,y&III cokuk ¼ubZ fnYyh&39½

4- dsñvkSñlqñ cy bdkbZ vkbZth feUV uks,Mk ¼mÙkj izns'k½

5- dsñvkSñlqñ cy bdkbZ Mh,pbZih /kkSyhxaxk ¼mÙkjk[kaM½

6- dsñvkSñlqñ cy 9oha vkjf{kr okfguh nsoyh ¼jktLFkku½

7- dsñvkSñlqñ cy bdkbZ 'ksi lsok&II ¼tEew ,oa d'ehj½

8- dsñvkSñlqñ cy bdkbZ dsñ,pñbZñihñ dksVs'oj] fVgjh x<+oky

¼mÙkjk[kaM½

9- dsñvkSñlqñ cy 8oha vkjf{kr okfguh t;iqj ¼jktLFkku½

10- dsñvkSñlqñ cy bdkbZ Vh,pMhlh fVgjh x<+oky ¼mÙkjk[kaM½

[lañ 12017@1@2012&fgUnh]

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

MINISTRY OF HOME AFFAIRS

New Delhi, the 23rd April, 2014

S.O. 1299.—In pursuance of sub rule (4) of rule 10

of the Official Languages (Use for Official Purpose of the

Union) Rules, 1976 ( as amended, 1987), the Central

Government hereby notifies the following 10 offices of the

Ministry of Home Affairs, wherein the percentage of the

staff having working knowledge of Hindi has gone above

80%:—

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- 18]

ubZ fnYyh, vizSy 27—ebZ 3] 2014] 'kfuokj@oS'kk[k 7—oS'kk[k 13] 1936

No. 18]

NEW DELHI, APRIL 27—MAY 3, 2014, SATURDAY/VAISAKHA 7—VAISAKHA 13, 1936

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)

1684 GI/2014

(3415)

3416

THE GAZETTE OF INDIA : MAY 3, 2014/VAISAKHA 13, 1936

[PART II—SEC. 3(ii)]

1. CISF 7th Res. Bn. Kishtwar (J&K)

2. CISF Unit RHPP Pipri (U.P.)

3. CISF Unit PPCL-III Bawana (New Delhi-39)

4. CISF Unit IG Mint Noida (U.P.)

5. CISF Unit DHEP Dhauli Ganga (Uttarakhand)

6. CISF 9th Res. Bn. Deoli (Rajasthan)

7. CISF Unit SHEP Sewa-II (J&K)

8. CISF Unit KHEP Koteshwar, Tehri Garhwal

(Uttarakhand)

9. CISF 8th Res. Bn. Jaipur (Rajasthan)

10. CISF THDC Tehri Garhwal (Uttarakhand)

[No. 12017/1/2012-Hindi]

AVDESH KUMAR MISHRA, Director (OL)

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

¼dkfeZd vkSj izf'k{k.k foHkkx½

ubZ fnYyh] 22 vizSy] 2014

dkñvkñ 1300-&&dsUnzh; ljdkj ,rn~ }kjk n.M izfØ;k lafgrk]

1973 ¼1974 dk vf/kfu;e lañ 2½ dh /kkjk 24 dh mi/kkjk ¼8½

}kjk iznRr 'kfDr;ksa dk iz;ksx djrs gq, fnYyh mPp U;k;ky;] fnYyh

esa fnYyh fo'ks"k iqfyl LFkkiuk ¼lhñchñvkbZñ½ }kjk izkjaHk fd, x,

lhñchñvkbZñ dsl vkjlh 2 ¼,½@2005&lhchvkbZ] ,lh;w&V] ubZ

fnYyh ¼mRrj izns'k ljdkj ds iwoZ eq[; lfpo Jh v[kaM izrki flag

rFkk vU;ksa ds fo:) Mh, ekeyk½ rFkk mlls tqM+s vkSj izklafxd vU;

ekeyksa dh otg ls mRiUu ,e, la[;k 3361@2013 rFkk vkijkf/kd

,e, la[;k 12369 vkSj 12370@2013 esa is'k gksus ds fy, Hkkjr ds

vij egkU;k;f/koDrk Jh ihñihñ eYgks=k dks fo'ks"k yksd vfHk;kstd

ds :i esa fu;qDr djrh gSA

[Qkñ lañ 225@15@2008&, oh Mh&II ]

jktho tSu] voj lfpo

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES

AND PENSIONS

(Department of Personnel and Training)

New Delhi, the 22nd April, 2014

S.O. 1300.—In exercise of the powers conferred by

sub-section(8) of section 24 of the Code of Criminal

Procedure, 1973 (Act No. 2 of 1974), the Central Government

hereby appoints Shri P.P. Malhotra, Additional Solicitor

General of India as Special Public Prosecutor for appearing

in Criminal M.A. No. 3361/2013 and Crl. M.As No. 12369

and 12370/2013 arising out of CBI case RC 2(A)/2005-CBI,

ACU-V,

New

Delhi

(DA case against Shri Akhand Pratap Singh, ex-Chief

Secretary, Govt. of UP & Others) instituted by the Delhi

Special Police Establishment (C.B.I.) in the Delhi High Court

at Delhi and other matters connected therewith and

incidental thereto.

[F. No. 225/15/2008-AVD-II]

RAJIV JAIN, Under Secy.

foÙk ea=ky;

¼foÙkh; lsok,a foHkkx½

ubZ fnYyh] 28 vizSy] 2014

dkñvkñ 1301-&&isa'ku fuf/k fofu;ked ,oa fodkl izkf/kdj.k

vf/kfu;e] 2013 ¼2013 dk 23½ dh /kkjk 4 }kjk iznÙk 'kfDr;ksa dk

iz;ksx djrs gq, dsUnzh; ljdkj ,rn~}kjk Jh jkt fodkl oekZ dks

isa'ku fuf/k fofu;ked ,oa fodkl izkf/kdj.k ¼ih,QvkjMh,½

iw.kZdkfyd lnL; ¼foÙk½ dks in dk dk;ZHkkj xzg.k djus dh

rkjh[k ls ikap o"kZ dh vof/k ds fy, ;k 62 o"kZ dh vk;q izkIr djus

rd ;k vxys vkns'kksa rd] tks Hkh igys gks] vkokl vkSj dkj dh

lqfo/kk ds fcuk 3-75 yk[k :i;s izfr ekg ds osrueku esa fu;qDr

djrh gSA

[Qkñlañ 2@1@2012&ihvkj]

lqfjUnj dkSj] voj lfpo

MINISTRY OF FINANCE

(Department of Financial Services)

New Delhi, the 28th April, 2014

S.O. 1301.—In exercise of powers conferred by

Section 4 of the Pension Fund Regulatory and

Development Authority Act, 2013 (23 of 2013), the

Central Government hereby appoints Shri Raj Vikash

Verma, as Whole-Time Member (Finance) in the Pension

Fund Regulatory and Development Authority (PFRDA),

for a period of five years w.e.f. the date of assumption of

charge of the post or till attaining the age of 62 years or

until further orders, whichever is the earliest, at a

consolidated pay of Rs. 3.75 lakh (Rs. Three Lakh and

seventy five thousand only) per month, without facility

of house and car.

[F. No. 2/1/2012-PR]

SURINDER KAUR, Under Secy.

okf.kT; vkSj m|ksx ea=ky;

¼okf.kT; foHkkx½

ubZ fnYyh] 25 vizSy] 2014

dk-vk- 1302-&&dsUæh; ljdkj] fu;kZr ¼DokfyVh fu;a=.k

vkSj fujh{k.k½ fu;e] 1964 ds fu;e 12 ds mifu;e ¼2½ ds lkFk

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 3] 2014@oS'kk[k 13] 1936

3417

ifBr fu;kZr ¼DokfyVh fu;a=.k vkSj fujh{k.k½ vf/kfu;e] 1963

¼1963 dk 22½ dh /kkjk 7 dh mi/kkjk ¼1½ }kjk iznÙk 'kfDr;ksa dk

iz;ksx djrs gq,] eSllZ ,lth,l bafM;k izkñ fyñ lR;Hkkek ¼tks'kh

fcfYMax½] rhljh eafty] #vk ÚkaflLdks yw;wl xksEl] ihñvksñ cksDl

uañ 101] okLdks Mh xkek] xksok Hkkjr esa fLFkr gS] dks bl vf/klwpuk]

ds jkti= esa izdk'ku dh rkjh[k ls rhu o"kZ dh vof/k ds fy, Hkkjr

ljdkj ds okf.kT; ea=ky;] dh vf/klwpuk lañ dkñvkñ 3975 rkjh[k

20 fnlEcj]1965 dh vf/klwpuk esa mikc) vuqlwfp;ksa esa fofufnZ"V

[kfut vkSj v;Ld] xzqi&I] vFkkZr~ ykSg v;Ld dks fu;kZr ls iwoZ

fuEufyf[kr 'krks± ds v/khu xksok] esa mDr [kfut vkSj v;Ld ds

fujh{k.k djus ds fy, ,d vfHkdj.k ds :i esa ekU;rk nsrh gS]

vFkkZr~%&

(i) eSllZ ,lth,l bafM;k izkñ fyñ lR;Hkkek ¼tks'kh fcfYMax½]

rhljh eafty] #vk ÚkaflLdks yw;wl xksEl] ihñ vksñ cksDl

uañ 101] okLdks Mh xkek] xksok] [kfut vkSj v;Ld xzqi&I dk

fu;kZr ¼fujh{k.k½ fu;e] 1965 ds fu;e 4 ds v/khu muds

}kjk viukbZ xbZ fujh{k.k dh i)fr dh tkap djus ds fy,]

bl fufeÙk fu;kZr fujh{k.k ifj"kn~ }kjk ukefufnZ"V vf/kdkfj;ksa

dks i;kZIr lqfo/kk,a nsxh( vkSj

(ii) eSllZ ,lth,l bafM;k izkñ fyñ lR;Hkkek ¼tks'kh fcfYMax½]

rhljh eafty] #vk ÚkaflLdks yw;wl xksEl] ihñ vksñ cksDl

uañ 101] okLdks Mh xkek] xksok] bl vf/klwpuk ds v/khu

vius d`R;ksa ds ikyu esa funs'kd ¼fujh{k.k vkSj DokfyVh

fu;a=.k½ fu;kZr fujh{k.k ifj"kn~ le;&le; ij fyf[kr esa

fn, x, ,sls funsZ'kksa ls vkc) gksaxsA

[Qkñ lañ 4@11@2013&fu;kZr fujh{k.k]

,ñ dsñ f=ikBh] la;qDr lfpo

MINISTRY OF COMMERCE AND INDUSTRY

(Department of Commerce)

New Delhi, the 25th April, 2014

S.O. 1302.—In exercise of the powers conferred by

the sub-section (1) of Section 7 of the Export (Quality

Control and Inspection) Act, 1963 (22 of 1963), read with

sub-rule (2) of rule 12 of the Export (Quality Control

and Inspection) Rules, 1964, the Central Government

hereby recognises M/s. SGS India Pvt. Ltd., Satyabhama

(Joshi Building), 3rd Floor, Rua Francisco Luis Gomes,

P.O. Box No. 101, Vasco da Gama, Goa, India, as an agency

for a period of three years from the date of publication of

this notification in the Official Gazette, for the inspection

of Minerals and Ores-Group-I, namely, Iron Ore and

Bauxite, specified in the Schedule annexed to the

notification of the Government of India in the Ministry of

Commerce number S.O. 3975, dated the 20th December 1965,

prior to export of said minerals and ores at Goa, subject to

the following conditions, namely:—

(i) that M/s. SGS India Pvt. Ltd., Satyabhama (Joshi

Building), 3rd Floor, Rua Francisco Luis Gomes, P.O.

Box No. 101, Vasco da Gama, Goa, shall give adequate

facilities to the officers nominated by the Export

Inspection Council in this behalf to examine the

method of inspection followed by them in carrying

out the inspection under rule 4 of the Export of

Minerals and Ores-Group I (Inspection) Rules, 1965;

and

(ii) that M/s. SGS India Pvt. Ltd., Satyabhama (Joshi

Building), 3rd Floor, Rua Francisco Luis Gomes, P.O.

Box No. 101, Vasco da Gama, Goa, in the performance

of their function under this notification shall be bound

by such directions as the Director (Inspection and

Quality Control) may give in writing, from time to

time.

[F.No. 4/11/2013-Export Inspection]

A.K. TRIPATHY, Jt. Secy.

ubZ fnYyh] 25 vizSy] 2014

dk-vk- 1303-&&dsUnzh; ljdkj] fu;kZr ¼DokfyVh fu;a=.k

vkSj fujh{k.k½ fu;e] 1964 ds fu;e 12 ds mifu;e ¼2½ ds lkFk

ifBr fu;kZr ¼DokfyVh fu;a=.k vkSj fujh{k.k½ vf/kfu;e] 1963

¼1963 dk 22½ dh /kkjk 7 dh mi/kkjk ¼1½ }kjk iznÙk 'kfDr;ksa dk

iz;ksx djrs gq,] eSllZ vkjñ ohñ fcaXl ,aM dñ ¼izkñ½ fyñ]

Mkd?kj&ckjfcy] ftyk D;ksa>kj] mM+hlk dks bl vf/klwpuk] ds jkti=

esa izdk'ku dh rkjh[k ls rhu o"kZ dh vof/k ds fy, Hkkjr ljdkj ds

okf.kT; ea=ky;] dh vf/klwpuk dkñ vkñ 3975 rkjh[k 20 fnlEcj]

1965 dh vf/klwpuk esa mikc) vuqlwph esa fofufnZ"V [kfut vkSj

v;Ld] lewg&I] vFkkZr~ ykSg v;Ld dks fu;kZr ls iwoZ fuEufyf[kr

'krks± ds v/khu ckjfcy] esa fujh{k.k djus ds fy, ,d vfHkdj.k ds

:i esa ekU;rk nsrh gS] vFkkZr~%µ

(i) eSllZ vkjñ ohñ fcaXl ,aM dñ ¼izkñ½ fyñ] Mkd?kj&ckjfcy]

ftyk D;ksa>kj] mM+hlk] [kfut vkSj v;Ld lewg&I dk fu;kZr

¼fujh{k.k½ fu;e] 1965 ds fu;e 4 ds v/khu muds }kjk

viukbZ xbZ fujh{k.k dh i)fr dh tkap djus ds fy,] bl

fufeÙk fu;kZr fujh{k.k ifj"kn~ }kjk ukefufnZ"V vf/kdkfj;ksa dks

i;kZIr lqfo/kk,a nsxh]

3418

THE GAZETTE OF INDIA : MAY 3, 2014/VAISAKHA 13, 1936

[PART II—SEC. 3(ii)]

(ii) eSllZ vkjñ ohñ fcaXl ,aM dñ ¼izkñ½ fyñ Mkd?kj&ckjfcy]

ftyk D;ksa>kj] mM+hlk] bl vf/klwpuk ds v/khu vius d`R;ksa

ds ikyu esa funs'kd ¼fujh{k.k vkSj DokfyVh fu;a=.k½ }kjk

le;&le; ij fyf[kr esa fn, x, ,sls funsZ'kksa ls vkc) gksaxsA

[Qkñ lañ 4@12@2013&fu;kZr fujh{k.k]

,ñ dsñ f=ikBh] la;qDr lfpo

New Delhi, the 25th April, 2014

S.O. 1303.—In exercise of the powers conferred

by the sub-section (1) of Section 7 of the Export (Quality

Control and Inspection) Act, 1963 (22 of 1963), read with

sub-rule (2) of rule 12 of the Export (Quality Control

and Inspection) Rules, 1964, the Central Government

hereby recognises M/s. R.V. Briggs & Co. (P) Ltd., P.O.-

Barbil, District-Keonjhar, Orissa, as an agency for a

period of three years from the date of publication of this

notification in the Official Gazette, for the inspection of

Minerals and Ores-Group-I, namely, Iron Ore and

Manganese, Ore, specified in the Schedule annexed to

the notification of the Government of India in the Ministry

of Commerce number S.O. 3975, dated the 20th

December 1965, prior to export of said minerals and ores

at Barbil, subject to the following conditions, namely:—

(i) that M/s R.V. Briggs & Co. (P) Ltd., P.O.-Barbil,

District-Keonjhar, Orissa, shall give adquate facilities

to the officers nominated by the Export Inspection

Council in this behalf to examine the method of

inspection followed by them in carrying out the

inspection under rule 4 of the Export of Minerals and

Ores-Group I (Inspection) Rules, 1965; and

(ii) that M/s. R.V. Briggs & Co. (P) Ltd., P.O.-Barbil,

District-Keonjhar, Orissa, in the performance of their

function under this notification shall be bound by

such directions as the Director (Inspection and Quality

Control) may give in writing, from time to time.

[F.No. 4/12/2013-Export Inspection]

A.K. TRIPATHY, Jt. Secy.

ubZ fnYyh] 25 vizSy] 2014

dk-vk- 1304-&&dsUnzh; ljdkj] fu;kZr ¼DokfyVh fu;a=.k

vkSj fujh{k.k½ fu;e] 1964 ds fu;e 12 ds mifu;e ¼2½ ds lkFk

ifBr fu;kZr ¼DokfyVh fu;a=.k vkSj fujh{k.k½ vf/kfu;e] 1963

¼1963 dk 22½ dh /kkjk 7 dh mi/kkjk ¼1½ }kjk iznÙk 'kfDr;ksa dk

iz;ksx djrs gq,] eSllZ ,lth,l bafM;k izkñ fyñ] IykV uañ 64]

thvkbZMhlh] eSu jksM] /keZ iqj] iksjcanj&360577 xqtjkr] Hkkjr esa

fLFkr gS] dks bl vf/klwpuk] ds jkti= esa izdk'ku dh rkjh[k ls rhu

o"kZ dh vof/k ds fy, Hkkjr ljdkj ds okf.kT; ea=ky;] dh

vf/klwpuk lañ dkñvkñ 3975 rkjh[k 20 fnlEcj] 1965 vkSj la[;k

dkñvkñ 3978 fnukad 20 fnlEcj 1965 dh vf/klwpuk esa mikc)

vuqlwfp;ksa esa fofufnZ"V [kfut vkSsj v;Ld] xzqi&I] cDlkbV rFkk

[kfut vkSj v;Ld xzqi&II vFkkZr~ ftad dUlsuVªsV dks Øe'k% fu;kZr

ls iwoZ fuEufyf[kr 'krks± ds v/khu iksjcanj] dPN] tkeuxj vkSj

ihikoko] esa mDr [kfut vkSj v;Ld ds fujh{k.k djus ds fy, ,d

vfHkdj.k ds :i esa ekU;rk nsrh gS] vFkkZr~%

(i) eSllZ ,lth,l bafM;k izkñ fyñ IykV uañ 64] thvkbZMhlh] eSu

jksM] /keZ iqj] iksjcanj&360577 xqtjkr] [kfut vkSj v;Ld

xzqi&I] dk fu;kZr ¼fujh{k.k½ fu;e] 1965 vkSj [kfut vkSj

v;Ld xzqi&II dk fu;kZr ¼fujh{k.k½ fu;e] 1965 ds

fu;e 4 ds v/khu muds }kjk viukbZ xbZ fujh{k.k dh i)fr

dh tkap djus ds fy,] bl fufeZÙk fu;kZr fujh{k.k ifj"kn~ }kjk

ukefufnZ"V vf/kdkfj;ksa dks i;kZIr lqfo/kk,a nsxh] vkSj

(ii) eSllZ ,lth,l bafM;k izkñ fyñ IykV uañ 64] thvkbZMhlh] eSu

jksM] /keZ iqj] iksjcanj&360577 xqtjkr] bl vf/klwpuk ds

v/khu vius d`R;ksa ds ikyu esa funs'kd ¼fujh{k.k vkSj DokfyVh

fu;a=.k½ fu;kZr fujh{k.k ifj"kn~ le;&le; ij fyf[kr esa

fn, x, ,sls funsZ'kksa ls vkc) gksaxsA

[Qkñ lañ 4@13@2013&fu;kZr fujh{k.k]

,ñ dsñ f=ikBh] la;qDr lfpo

New Delhi, the 25th April, 2014

S.O. 1304.—In exercise of the powers conferred

by the sub-section (1) of Section 7 of the Export (Quality

Control and Inspection) Act, 1963 (22 of 1963), read with

sub-rule (2) of rule 12 of the Export (Quality Control

and Inspection) Rules, 1964, the Central Government

hereby recognises M/s. SGS India Pvt. Ltd, Plot No. 64,

GIDC Main Road, Dharam Pur, Porbandar-360 577

Gujarat, India, as an agency for a period of three years

from the date of publication of this notification in the

Official Gazette, for the inspection of Minerals and Ores

-Group-I namely, Bauxite and Minerals & Ores Group-II,

namely, Zinc Concentrate, specified in the Schedules

annexed to the notifications of the Government of India

in the Ministry of Commerce number S.O. 3975, dated

the 20th December 1965, and number S.O. 3978, dated

the 20th December, 1965 respectively, prior to export of

the said Minerals and Ores at Porbandar, Kutch, Jamnagar

and Pipavav, subject to the following conditions, namely:-

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 3] 2014@oS'kk[k 13] 1936

3419

(i) that M/s. SGS India Pvt. Ltd., Plot No. 64, GIDC Main

Road, Dharam Pur, Porbandar-360 577, Gujarat, shall

give adquate facilities to the officers nominated by

the Export Inspection Council in this behalf to examine

the method of inspection followed by them in carrying

out the inspection under rule 4 of the Export of

Minerals and Ores, Group-I (Inspection) Rules, 1965

and the Export of Minerals and Ores-Group-II

(Inspection) Rules, 1965; and

(ii) that M/s. SGS India Pvt. Ltd. Plot No. 64, GIDC Main

Road, Dharam Pur, Porbandar-360 577 Gujarat, in the

performance of their function under this notification

shall be bound by such directions the Director

(Inspection and Quality Control) Export Inspection

Council may give in writing, from time to time.

[F.No. 4/13/2013-Export Inspection]

A.K. TRIPATHY, Jt. Secy.

isVªksfy;e vkSj izkd`frd xSl ea=ky;

ubZ fnYyh] 29 vizSy] 2014

dk-vk- 1305-&&l{ke izkf/kdkjh] isVªksfy;e vkSj [kfut ikbiykbZu ¼Hkwfe esa mi;ksx ds vf/kdkj dk vtZu½ vf/kfu;e] 1962 ¼1962

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

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

fd;k x;k gS ;k ml {ks= esa ikbiykbZu dk LokfeRo fufgr gS] uhps lkj.kh ds LraHk 8 esa ;Fkk mfYyf[kr e/; izns'k jkT; ds fot;iqj&nknjh

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

layXud&1

vuqlwph

/kkjk 3 ¼1½ ds v/khu vf/klwpuk

/kkjk 6 ¼1½ ds v/khu vf/klwpuk

Øe

xkao dk uke

rkyqdk@

jkti= esa

dkñvkñ la[;k vkSj

jkti= esa

dkñvkñ la[;k vkSj dk;Z dh lekfIr

lañ

rglhy

izdk'ku dk

fnukad

izdk'ku dk

fnukad

dk fnukad

fnukad

fnukad

¼1½ ¼2½

¼3½

¼4½

¼5½

¼6½

¼7½

¼8½

1-

ckoMh[ksMk

jk?kkSx<

30-03-1985

311¼v½ 30-03-1985

14-09-1985

4293 ¼v½ 14-09-1985

01-11-2010

23-04-2008

921 ¼v½ 23-04-2008

10-10-2008

2435 ¼v½ 10-10-2008

2-

nkSjkuk

jk?kkSx<

23-04-2008

921 ¼v½ 23-04-2008

10-10-2008

2435 ¼v½ 10-10-2008

26-11-2010

3-

ixkjk

jk?kkSx<

23-04-2008

921 ¼v½ 23-04-2008

10-10-2008

2435 ¼v½ 10-10-2008

01-11-2010

4-

:fB;kbZ

jk?kkSx<

23-04-2008

921 ¼v½ 23-04-2008

10-10-2008

2435 ¼v½ 10-10-2008

14-05-2010

5-

nsgjh

jk?kkSx<

23-04-2008

921 ¼v½ 23-04-2008

10-10-2008

2435 ¼v½ 10-10-2008

01-11-2010

30-03-1985

1300 ¼v½ 30-03-1985

04-09-1985

4295 ¼v½ 04-09-1985

6-

ikat

xquk

23-04-2008

921 ¼v½ 23-04-2008

10-10-2008

2435 ¼v½ 10-10-2008

01-11-2010

7-

ctjax<

xquk

23-04-2008

921 ¼v½ 23-04-2008

10-10-2008

2435 ¼v½ 10-10-2008

26-11-2010

8-

lkStuk

xquk

01-12-1984

4142 ¼v½ 01-12-1984

05-10-1985

4718¼v½ 05-10-1985

01-11-2010

23-04-2008

921 ¼v½ 23-04-2008

10-10-2008

2435 ¼v½ 10-10-2008

9-

fcuk;d[ksMh

xquk

08-12-1984

4282¼v½ 08-12-1984

06-11-1985

5231¼v½ 06-11-1985

11-11-2010

23-04-2008

921 ¼v½ 23-04-2008

10-10-2008

2435 ¼v½ 10-10-2008

10-

eqgkyiqj

xquk

21-03-1987

2285¼v½ 21-03-1987

08-08-1987

2027¼v½ 08-08-1987

26-11-2010

23-04-2008

921 ¼v½ 23-04-2008

10-10-2008

2435 ¼v½ 10-10-2008

3420

THE GAZETTE OF INDIA : MAY 3, 2014/VAISAKHA 13, 1936

[PART II—SEC. 3(ii)]

11-

Nkcuh

xquk

23-04-2008

921 ¼v½ 23-04-2008

10-10-2008

2435 ¼v½ 10-10-2008

28-02-2011

12-

flaxcklk

xquk

01-10-1984

2532¼v½ 09-09-1984

17-05-1984

440¼v½ 10-05-1985

28-02-2011

23-04-2008

921 ¼v½ 23-04-2008

10-10-2008

2435 ¼v½ 10-10-2008

13-

fiifj;k

xquk

01-10-1994

2545¼v½ 09-04-1994

28-03-1995

270¼v½ 24-03-1995

26-11-2010

14-

flykoVh

xquk

01-10-1994

2533¼v½ 09-09-1994

09-03-1995

143¼v½ 02-03-1995

11-11-2010

15-

rjkoVk

xquk

01-10-1994

2531¼v½ 09-09-1994

28-03-1995

269¼v½ 24-03-1995

11-11-2010

16-

?keukj

xquk

01-10-1994

2544¼v½ 09-09-1994

21-04-1995

377¼v½ 19-04-1995

26-11-2010

17-

[kqfV;kcn

xquk

01-10-1994

2543¼v½ 09-09-1994

21-04-1995

375¼v½ 19-04-1995

26-11-2010

18-

Hknksjk

xquk

01-10-1994

2541¼v½ 09-09-1994

21-04-1995

375¼v½ 19-04-1995

20-12-2010

19-

Xckj[ksMk

xquk

01-10-1994

2542¼v½ 09-09-1994

09-03-1995

149¼v½ 02-03-1995

11-11-2010

20-

lxksfj;k

xquk

01-10-1994

2540¼v½ 09-09-1994

21-04-1995

376¼v½ 19-04-1995

11-11-2010

21-

tejk

xquk

01-10-1994

2539¼v½ 09-09-1994

09-03-1995

148¼v½ 02-03-1995

26-11-2010

22-

E;kuk

xquk

01-10-1994

2538¼v½ 09-09-1994

21-04-1995

374¼v½ 19-04-1995

18-12-2010

23-

ineu[ksMh

xquk

01-10-1994

2537¼v½ 09-09-1994

09-03-1995

147¼v½ 02-03-1995

11-11-2010

24-

[ktwjh

xquk

01-10-1994

2536¼v½ 09-09-1994

09-03-1995

146¼v½ 02-03-1995

11-11-2010

25-

jkoljtkxhj

bZlkx<

01-10-1994

2535¼v½ 09-09-1994

03-03-1995

145¼v½ 02-03-1995

26-11-2010

26-

?kqjckjdyk

bZlkx<

01-10-1994

2534¼v½ 09-09-1994

09-03-1995

144¼v½ 02-03-1995

11-11-2010

27-

lhaxk[ksMh

dksykjl

15-10-1994

2762¼v½ 22-09-1994

21-04-1995

367¼v½ 19-04-1995

11-11-2010

28-

cdliqj

dksykjl

15-10-1994

2463¼v½ 22-09-1994

21-04-1995

367¼v½ 28-04-1995

11-11-2010

29-

lqesyk

dksykjl

15-10-1994

2766¼v½ 22-09-1994

28-03-1995

262¼v½ 24-03-1995

26-11-2010

30-

cnjckl

dksykjl

15-10-1994

2765¼v½ 22-09-1994

28-03-1995

261¼v½ 24-03-1995

26-11-2010

31-

frykfryh

dksykjl

15-10-1994

2766¼v½ 22-09-1994

09-03-1995

150¼v½ 02-03-1995

26-11-2010

32-

,uckjk

dksykjl

15-10-1994

2761¼v½ 22-09-1994

28-03-1995

264¼v½ 24-03-1995

26-11-2010

33-

nhxksn

dksykjl

15-10-1994

2764¼v½ 22-09-1994

09-03-1995

151¼v½ 02-03-1995

11-11-2010

34-

fprkjk

dksykjl

15-10-1994

2768¼v½ 22-09-1994

09-03-1995

152¼v½ 02-03-1995

28-02-2011

35-

cw<k Mksaxj

dksykjl

25-02-1995

509¼v½ 11-02-1995

13-06-1995

518¼v½ 02-06-1995

28-02-2011

36-

dqYgkMh

dksykjl

15-10-1994

2769¼v½ 22-09-1994

21-04-1995

365¼v½ 19-04-1995

29-10-2010

37-

[kjbZ

dksykjl

15-10-1994

2770¼v½ 22-09-1994

28-03-1995

265¼v½ 24-03-1995

29-10-2010

38-

yqdoklk

dksykjl

15-10-1994

2771¼v½ 22-09-1994

09-03-1995

153¼v½ 02-03-1995

29-10-2010

39-

MksaM;kbZ

dksykjl

15-10-1994

2772¼v½ 22-09-1994

09-03-1995

154¼v½ 02-03-1995

29-10-2010

40-

twj

dksykjl

15-10-1994

2773¼v½ 22-09-1994

09-03-1995

125¼v½ 02-03-1995

29-10-2010

41-

mdkcyk

dksykjl

15-10-1994

2774¼v½ 22-09-1994

28-03-1995

263¼v½ 24-03-1995

29-10-2010

42-

iuckjh

dksykjl

15-10-1994

2775¼v½ 22-09-1994

28-03-1995

271¼v½ 24-03-1995

28-02-2011

43-

xq<k

dksykjl

15-10-1994

2776¼v½ 22-09-1994

09-03-1995

156¼v½ 02-03-1995

01-11-2010

44-

xqxckjk

dksykjl

15-10-1994

2777¼v½ 22-09-1994

09-03-1995

157¼v½ 02-03-1995

29-10-2010

¼1½ ¼2½

¼3½

¼4½

¼5½

¼6½

¼7½

¼8½

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 3] 2014@oS'kk[k 13] 1936

3421

45-

ohje[ksMh

dksykjl

15-10-1994

2778¼v½ 22-09-1994

09-03-1995

158¼v½ 02-03-1995

01-11-2010

46-

eksgjk

dksykjl

15-10-1994

2779¼v½ 22-09-1994

09-03-1995

159¼v½ 02-03-1995

01-11-2010

47-

fr?kfj;k

dksykjl

15-10-1994

2780¼v½ 22-09-1994

09-03-1995

160¼v½ 02-03-1995

01-11-2010

48-

fiijksnk

dksykjl

15-10-1994

2781¼v½ 22-09-1994

28-03-1995

267¼v½ 24-03-1995

01-11-2010

49-

ckxjksn

dksykjl

15-10-1994

2782¼v½ 22-09-1994

09-03-1995

161¼v½ 02-03-1995

01-11-2010

50-

usrckl

dksykjl

15-10-1994

2783¼v½ 22-09-1994

09-03-1995

162¼v½ 02-03-1995

01-11-2010

51-

dqyckjk

dksykjl

15-10-1994

2766¼v½ 22-09-1994

28-03-1995

266¼v½ 24-03-1995

01-11-2010

52-

e<h[ksMk

dksykjl

15-10-1994

2784¼v½ 22-09-1994

09-03-1995

163¼v½ 02-03-1995

01-11-2010

53-

Mgjokjk

dksykjl

15-10-1994

2785¼v½ 22-09-1994

21-04-1995

366¼v½ 19-04-1995

01-11-2010

54-

fcyksdyk

f'koiqjh

29-10-1994

2975¼v½ 22-09-1994

21-04-1995

369¼v½ 19-04-1995

01-11-2010

55-

pkSdh

f'koiqjh

29-10-1994

2975¼v½ 22-09-1994

02-05-1995

395¼v½ 28-04-1995

01-11-2010

56-

vlqck[ksMh

f'koiqjh

29-10-1994

2975¼v½ 22-09-1994

21-04-1995

369¼v½ 17-04-1995

01-11-2010

57-

ekyk[ksMh

f'koiqjh

29-10-1994

2975¼v½ 22-09-1994

21-04-1995

369¼v½ 19-04-1995

01-11-2010

58-

Vksaxjk

f'koiqjh

29-10-1994

2975¼v½ 22-09-1994

21-04-1995

369¼v½ 19-04-1995

25-02-2011

59-

rkuiqjk

f'koiqjh

29-10-1994

2975¼v½ 22-09-1994

28-03-1995

258¼v½ 25-03-1995

28-02-2011

60-

dksMkcnk

f'koiqjh

29-10-1994

2975¼v½ 22-09-1994

21-04-1995

369¼v½ 19-04-1995

25-02-2011

61-

dchj[ksMh

f'koiqjh

29-10-1994

2975¼v½ 22-09-1994

21-04-1995

369¼v½ 19-04-1995

25-02-2011

62-

Nkj

f'koiqjh

29-10-1994

2975¼v½ 22-09-1994

28-03-1995

258¼v½ 25-03-1995

25-02-2011

63-

BjhZ

f'koiqjh

29-10-1994

2975¼v½ 22-09-1994

21-04-1995

369¼v½ 19-04-1995

25-02-2011

64-

BjkZ

f'koiqjh

29-10-1994

2975¼v½ 22-09-1994

28-03-1995

258¼v½ 25-03-1995

25-02-2011

65-

[kksj/kkj

f'koiqjh

29-10-1994

2975¼v½ 22-09-1994

21-04-1995

369¼v½ 19-04-1995

25-02-2011

66-

[kjbZHkkV

f'koiqjh

29-10-1994

2975¼v½ 22-09-1994

21-04-1995

369¼v½ 19-04-1995

25-02-2011

67-

<djksjk

f'koiqjh

29-10-1994

2975¼v½ 22-09-1994

21-04-1995

369¼v½ 19-04-1995

25-02-2011

68-

jkekclbZ

f'koiqjh

29-10-1994

2975¼v½ 22-09-1994

21-04-1995

369¼v½ 19-04-1995

25-02-2011

69-

fcyiqjk

f'koiqjh

29-10-1994

2975¼v½ 22-09-1994

21-04-1995

369¼v½ 19-04-1995

25-02-2011

70-

pdekudclbZ

f'koiqjh

29-10-1994

2975¼v½ 22-09-1994

28-03-1995

258¼v½ 25-03-1995

25-02-2011

71-

pd?ksdyclbZ

f'koiqjh

29-10-1994

2975¼v½ 22-09-1994

21-04-1995

369¼v½ 19-04-1995

25-02-2011

72-

rkjdk

f'koiqjh

29-10-1994

2975¼v½ 22-09-1994

21-04-1995

369¼v½ 19-04-1995

25-02-2011

73-

ekMu[ksMh

f'koiqjh

29-10-1994

2975¼v½ 22-09-1994

21-04-1995

369¼v½ 19-04-1995

25-02-2011

74-

fldjkcnk

f'koiqjh

29-10-1994

2975¼v½ 22-09-1994

28-03-1995

258¼v½ 25-03-1995

25-02-2011

75-

fldjkcnh

f'koiqjh

29-10-1994

2975¼v½ 22-09-1994

28-03-1995

258¼v½ 25-03-1995

25-02-2011

76-

lwaM

f'koiqjh

29-10-1994

2975¼v½ 22-09-1994

21-04-1995

269¼v½ 19-04-1995

25-02-2011

77-

flefj;k

f'koiqjh

29-10-1994

2975¼v½ 22-09-1994

21-04-1995

369¼v½ 19-04-1995

03-01-2012

10-06-2008

1425¼v½ 06-06-2008

10-10-2008

2436¼v½ 10-10-2008

78-

flyiqjk

f'koiqjh

29-10-1994

2975¼v½ 22-09-1994

28-03-1995

258¼v½ 25-03-1995

03-01-2012

10-06-2008

1425¼v½ 06-06-2008

10-10-2008

2436¼v½ 10-10-2008

¼1½ ¼2½

¼3½

¼4½

¼5½

¼6½

¼7½

¼8½

3422

THE GAZETTE OF INDIA : MAY 3, 2014/VAISAKHA 13, 1936

[PART II—SEC. 3(ii)]

79-

MsaMjh

f'koiqjh

29-10-1994

2975¼v½ 22-09-1994

28-03-1005

258¼v½ 25-03-1995

03-01-2012

10-06-2008

1425¼v½ 06-06-2008

10-10-2008

2436¼v½ 10-10-2008

80-

';keiqj

f'koiqjh

29-10-1994

2975¼v½ 22-09-1994

10-10-2008

2436¼v½ 10-10-2008

03-01-2012

25-06-2008

1559¼v½ 24-06-2008

10-10-2008

2436¼v½ 10-10-2008

81-

csjtk

iksgjh

29-10-1994

2976¼v½ 22-09-1994

28-03-1995

24-03-1995

08-01-2012

82-

xwxjiêh

iksgjh

29-10-1994

2976¼v½ 22-09-1994

28-03-1995

268¼v½ 24-03-1995

08-01-2012

10-06-2008

1425¼v½ 06-06-2008

10-10-2008

2436¼v½ 10-10-2008

83-

xwxjxkao

iksgjh

29-10-1994

2976¼v½ 22-09-1994

28-03-1995

260¼v½ 24-03-1995

21-04-2011

25-06-2008

1559¼v½ 24-06-2008

10-10-2008

2436¼v½ 10-10-2008

84-

chycjkekrk

iksgjh

29-10-1994

2976¼v½ 22-09-1994

28-03-1995

268¼v½ 24-03-1995

21-04-2011

25-06-2008

1559¼v½ 24-06-2008

10-10-2008

2436¼v½ 10-10-2008

85-

fcUgsjk[kqnZ

iksgjh

29-10-1994

2976¼v½ 22-09-1994

28-03-1995

260¼v½ 24-03-1995

21-04-2011

10-06-2008

1425¼v½ 06-06-2008

10-10-2008

2436¼v½ 10-10-2008

86-

gqlSuiqj

iksgjh

29-10-1994

2976¼v½ 22-09-1994

28-03-1995

260¼v½ 24-03-1995

08-01-2012

25-06-2008

1559¼v½ 24-06-2008

10-10-2008

2436¼v½ 10-10-2008

87-

ckykiqj

iksgjh

29-10-1994

2976¼v½ 22-09-1994

21-04-1995

368¼v½ 19-04-1995

08-01-2012

10-06-2008

1425¼v½ 06-06-2008

10-10-2008

2436¼v½ 10-10-2008

88-

vkckniqj

iksgjh

29-10-1994

2976¼v½ 22-09-1994

28-03-1995

260¼v½ 24-03-1995

21-04-2011

10-06-2008

1425¼v½ 06-06-2008

10-10-2008

2436¼v½ 10-10-2008

89-

[kVdk

iksgjh

29-10-1994

2976¼v½ 22-09-1994

28-03-1995

260¼v½ 24-03-1995

21-04-2011

10-06-2008

1425¼v½ 06-06-2008

10-10-2008

2436¼v½ 10-10-2008

90-

vfgY;kiqj

iksgjh

29-10-1994

2976¼v½ 22-09-1994

28-03-1995

260¼v½ 24-03-1995

03-01-2012

25-06-2008

1559¼v½ 24-06-2008

10-10-2008

2436¼v½ 10-10-2008

29-10-1994

2976¼v½ 22-09-1994

28-03-1995

268¼v½ 24-03-1995

03-01-2012

91-

iVscjh

iksgjh

25-05-2009

1336¼v½ 22-05-2009

06-09-2010

2178¼v½ 03-09-2010

03-01-2012

10-06-2008

1425¼v½ 06-06-2008

10-10-2008

2436¼v½ 10-10-2008

92-

nsciqjdyk

iksgjh

29-10-1994

2976¼v½ 22-09-1994

21-04-1995

369¼v½ 19-04-1995

08-04-2012

25-06-2008

1559¼v½ 24-06-2008

10-10-2008

2436¼v½ 10-10-2008

93-

xqjhPNk

iksgjh

29-10-1994

2976¼v½ 22-09-1994

28-03-1995

260¼v½ 24-03-1995

08-01-2012

25-06-2008

1559¼v½ 24-06-2008

10-10-2008

2436¼v½ 10-10-2008

94-

cwM+nk

iksgjh

29-10-1994

2976¼v½ 22-09-1994

28-03-1995

268¼v½ 24-03-1995

08-01-2012

01-08-2009

1873¼v½ 31-07-2009

06-09-2010

2188¼v½ 03-09-2010

25-06-2008

1559¼v½ 24-06-2008

10-10-2008

2436¼v½ 10-10-2008

95-

dsek

iksgjh

29-10-1994

2976¼v½ 22-09-1994

28-03-1995

260¼v½ 24-03-1995

28-09-2010

25-06-2008

1559¼v½ 24-06-2008

10-10-2008

2436¼v½ 10-10-2008

96-

lgljke

fot;iqj

15-10-1994

2786¼v½ 22-09-1994

21-04-1995

372¼v½ 19-04-1995

28-02-2010

24-06-2008

1560¼v½ 24-06-2008

10-10-2008

2437¼v½ 10-10-2008

¼1½ ¼2½

¼3½

¼4½

¼5½

¼6½

¼7½

¼8½

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 3] 2014@oS'kk[k 13] 1936

3423

97-

Qjkjk

fot;iqj

15-10-1994

2786¼v½ 22-09-1994

28-03-1995

259¼v½ 24-03-1995

28-09-2010

24-06-2008

1560¼v½ 24-06-2008

10-10-2008

2437¼v½ 10-10-2008

28-02-2010

98-

cq<sjk

fot;iqj

15-10-1994

2786¼v½ 22-09-1994

28-03-1995

272¼v½ 24-03-1995

28-02-2010

99-

nwèbZ

fot;iqj

15-10-1994

2786¼v½ 22-09-1994

28-03-1995

272¼v½ 24-03-1995

28-09-2010

100-

[kqjtku

fot;iqj

25-05-2009

1336¼v½ 22-05-2009

06-09-2010

2178¼v½ 03-09-2010

28-09-2010

15-10-1994

2786¼v½ 22-09-1994

21-04-1995

372¼v½ 19-04-1995

28-09-2010

101-

fVMkoyh

tkSjk

15-10-1994

2787¼v½ 22-09-1994

28-03-1995

256¼v½ 24-03-1995

28-09-2010

24-06-2008

1561¼v½ 24-06-2008

10-10-2008

2434¼v½ 10-10-2008

102-

Hkwjh

tkSjk

15-10-1994

2787¼v½ 22-09-1994

28-03-1995

256¼v½ 24-03-1995

28-09-2010

24-06-2008

1561¼v½ 24-06-2008

10-10-2008

2434¼v½ 10-10-2008

103-

èksaèk

tkSjk

15-10-1994

2787¼v½ 22-09-1994

28-03-1995

256¼v½ 24-03-1995

28-09-2010

24-06-2008

1561¼v½ 24-06-2008

10-10-2008

2434¼v½ 10-10-2008

104-

cl[kksgk

tkSjk

15-10-1994

2787¼v½ 22-09-1994

28-03-1995

256¼v½ 24-03-1995

28-09-2010

24-06-2008

1561¼v½ 24-06-2008

10-10-2008

2434¼v½ 10-10-2008

105-

tksxhiqjk

tkSjk

15-10-1994

2787¼v½ 22-09-1994

28-03-1995

256¼v½ 24-03-1995

28-09-2010

106-

dUgkj

tkSjk

15-10-1994

2787¼v½ 22-09-1994

28-03-1995

256¼v½ 24-03-1995

28-09-2010

107-

vkjsBh

tkSjk

15-10-1994

2787¼v½ 22-09-1994

28-03-1995

256¼v½ 24-03-1995

28-09-2010

108-

j[ksjk

tkSjk

27-10-1994

2760¼v½ 22-09-1994

28-03-1995

255¼v½ 24-03-1995

28-09-2010

109-

gfj;kiqjk

tkSjk

15-10-1994

2760¼v½ 22-09-1994

21-04-1995

370¼v½ 19-04-1995

28-09-2010

110-

ejk

tkSjk

15-10-1994

2760¼v½ 22-09-1994

28-03-1995

255¼v½ 24-03-1995

28-09-2010

111-

HkTtsdkiqjk

tkSjk

15-10-1994

2760¼v½ 22-09-1994

28-03-1995

255¼v½ 24-03-1995

28-09-2010

112-

[kMfj;kiqjk

tkSjk

15-10-1994

2760¼v½ 22-09-1994

28-03-1995

255¼v½ 24-03-1995

28-09-2010

113-

xksikyiqjk

tkSjk

15-10-1994

2787¼v½ 22-09-1994

28-03-1995

256¼v½ 24-03-1995

28-09-2010

114-

Vsyjh

tkSjk

15-10-1994

2787¼v½ 22-09-1994

15-04-1995

256¼v½ 24-03-1995

28-09-2010

115-

èqjdwMk

tkSjk

15-10-1994

2787¼v½ 22-09-1994

28-09-1995

256¼v½ 24-03-1995

28-09-2010

116-

[ksjyh

tkSjk

15-10-1994

2787¼v½ 22-09-1994

28-03-1995

256¼v½ 24-03-1995

28-09-2010

117-

tkiFkki

tkSjk

15-10-1994

2787¼v½ 22-09-1994

28-03-1995

256¼v½ 24-03-1995

28-09-2010

118-

gqlSuiqj

tkSjk

15-10-1994

2787¼v½ 22-09-1994

28-03-1995

256¼v½ 24-03-1995

28-09-2010

119-

c`tx<+h

tkSjk

15-10-1994

2760¼v½ 22-09-1994

21-04-1995

271¼v½ 19-04-1995

28-09-2010

120-

lxksfj;k

dSykjl

15-10-1994

2788¼v½ 22-09-1994

28-03-1995

257¼v½ 24-03-1995

28-09-2010

121-

flaxkpksyh

dSykjl

15-10-1994

2788¼v½ 22-09-1994

28-03-1995

257¼v½ 24-03-1995

28-09-2010

122-

nsodPN

dSykjl

15-10-1994

2788¼v½ 22-09-1994

28-03-1995

257¼v½ 24-03-1995

28-09-2010

123-

fcykSvk

dSykjl

15-10-1994

2788¼v½ 22-09-1994

28-03-1995

257¼v½ 24-03-1995

28-09-2010

124-

Hkqjkoyh

dSykjl

15-10-1994

2788¼v½ 22-09-1994

28-03-1995

257¼v½ 24-03-1995

28-09-2010

125-

lqtekZ

dSykjl

15-10-1994

2788¼v½ 22-09-1994

11-05-1996

1408¼v½ 15-04-1996

28-09-2010

126-

fHkylS;k

dSykjl

15-10-1994

2788¼v½ 22-09-1994

28-03-1995

257¼v½ 24-03-1995

28-09-2010

127-

csjbZekux<+

dSykjl

15-10-1994

2788¼v½ 22-09-1994

28-03-1995

257¼v½ 24-03-1995

28-09-2010

¼1½ ¼2½

¼3½

¼4½

¼5½

¼6½

¼7½

¼8½

3424

THE GAZETTE OF INDIA : MAY 3, 2014/VAISAKHA 13, 1936

[PART II—SEC. 3(ii)]

128-

fjBksfu;ka

dSykjl

15-10-1994

2788¼v½ 22-09-1994

28-03-1995

257¼v½ 24-03-1995

28-09-2010

129-

usijh

dSykjl

15-10-1994

2788¼v½ 22-09-1994

28-03-1995

257¼v½ 24-03-1995

28-09-2010

130-

jtiqjktkxhj

dSykjl

15-10-1994

2788¼v½ 22-09-1994

28-03-1995

273¼v½ 24-03-1995

28-09-2010

131-

ips[kk

dSykjl

15-10-1994

2788¼v½ 22-09-1994

28-03-1995

257¼v½ 24-03-1995

28-09-2010

132-

gVhiqjk

dSykjl

15-10-1994

2788¼v½ 22-09-1994

28-03-1995

257¼v½ 24-03-1995

28-09-2010

[Qkñ lañ ,y&14014@24@2014&th ih]

,lñ ihñ vxzoky] voj lfpo

MINISTRY OF PETROLEUM AND NATURAL GAS

New Delhi, the 29th April, 2014

S.O. 1305.—In pursuance of the proviso to sub-rule (i) of rule 4 of the Petroleum and Minerals Pipelines (Acquisition

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

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

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

date of termination of operation of laying Vijaipur—Dadri Pipeline Project in Madhya Pradesh State as mentioned in column

- 8 of the Schedule below, namely:—

ANNEXURE - 1

SCHEDULE

Notification Under Section 3(1)

Notification Under Section 6(1)

Sr. No.

Name of

Tehsil

Date of

S.O. No. & Date

Date of

S.O. No. & Date

Date of

Village

Publication

Publication

Termination

of Gazeete

of Gazeete

of operations

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

1

Babdikheda

Raghogarh

30.03.1985

311 (A) 30.03.1985

14.09.1985

4293(A) 14.09.1985

1.11.2010

23.04.2008

921 (A) 23.04.2008

10.10.2008

2435 (A) 10.10.2008

2

Dorana

Raghogarh

23.04.2008

921 (A) 23.04.2008

10.10.2008

2435 (A) 10.10.2008

26.11.2010

3

Pagara

Raghogarh

23.04.2008

921 (A) 23.04.2008

10.10.2008

2435 (A) 10.10.2008

1.11.2010

4

Ruthyai

Raghogarh

23.04.2008

921 (A) 23.04.2008

10.10.2008

2435 (A) 10.10.2008

14.05.2010

23.04.2008

921 (A) 23.04.2008

10.10.2008

2435 (A) 10.10.2008

1.11.2010

5

Dehri

Raghogarh

30.03.1985

1300 (A) 30.03.1985

04.09.1985

4295 (A) 04.09.1985

6

Panj

Guna

23.04.2008

921 (A) 23.04.2008

10.10.2008

2435 (A) 10.10.2008

1.11.2010

7

Bagrangghar

Guna

23.04.2008

921 (A) 23.04.2008

10.10.2008

2435 (A) 10.10.2008

26.11.2010

01.12.1984

4142 (A) 01.12.1984

50.10.1985

4718 (A) 05.10.1985

8

Sojna

Guna

23.04.2008

921 (A) 23.04.2008

10.10.2008

2435 (A) 10.10.2008

1.11.2010

08.12.1984

4282 (A) 08.12.1984

06.11.1985

5231 (A) 06.11.1985

9

Vinayakkhedi

Guna

23.04.2008

921 (A) 23.04.2008

10.10.2008

2435(A) 10.10.2008

1.11.2010

21.03.1987

2285 (A) 21.03.1987

08.08.1987

2027 (A) 08.08.1987

26.11.2010

10

Muhalpur

Guna

23.04.2008

921 (A) 23.04.2008

10.10.2008

2435 (A) 10.10.2008

26.11.2010

11

Chavni

Guna

23.04.2008

921 (A) 23.04.2008

10.10.2008

2435 (A) 10.10.2008

28.02.2011

01.10.1994

2532 (A) 09.09.1984

17.05.1985

440 (A) 10.05.1985

12

Sigwasha

Guna

23.04.2008

921 (A) 23.04.2008

10.10.2008

2435 (A) 10.10.2008`

26.11.2010

13

Pipariya

Guna

01.10.1994

2545 (A) 09.04.1994

28.03.1995

270 (A) 24.03.1995

26.11.2010

14

Silawati

Guna

01.10.1994

2533 (A) 09.09.1994

09.03.1995

143 (A) 02.03.1995

11.11.2010

15

Tarabta

Guna

01.10.1994

2531 (A) 09.09.1994

28.03.1995

269 (A) 24.03.1995

11.11.2010

¼1½ ¼2½

¼3½

¼4½

¼5½

¼6½

¼7½

¼8½

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 3] 2014@oS'kk[k 13] 1936

3425

16

Dhamnar

Guna

01.10.1994

2544 (A) 09.09.1994

21.04.1995

377 (A) 19.04.1995

26.11.2010

17

Kutiyabad

Guna

01.10.1994

2543 (A) 09.09.1994

21.04.1995

375 (A) 19.04.1995

26.11.2010

18

Bhadora

Guna

01.10.1994

2543 (A) 09.09.1994

21.04.1995

375 (A) 19.04.1995

20.12.2010

19

Gwarkheda

Guna

01.10.1994

2542 (A) 09.09.1994

09.03.1995

149 (A) 02.03.1995

11.11.2010

20

Sagoriya

Guna

01.10.1994

2540 (A) 09.09.1994

21.04.1995

376 (A) 19.04.1995

11.11.2010

21

Jamra

Guna

01.10.1994

2539 (A) 09.09.1994

09.03.1995

148 (A) 02.03.1995

26.11.2010

22

Myana

Guna

01.10.1994

2538 (A) 09.09.1994

21.04.1995

374 (A) 19.04.1995

18.12.2010

23

Padmankhedi Guna

01.10.1994

2537 (A) 09.09.1994

09.03.1995

147 (A) 02.03.1995

11.11.2010

24

Khajuri

Guna

01.10.1994

2536 (A) 09.09.1994

09.03.1995

146 (A) 19.04.1995

11.11.2010

25

Rabsarjagir

Ishaghar

01.10.1994

2535 (A) 09.09.1994

03.03.1995

145 (A) 02.03.1995

26.11.2010

26

Ghurwarkala

Ishaghar

01.10.1994

2534 (A) 09.09.1994

09.03.1995

144 (A) 02.03.1995

11.11.2010

27

Sigakhedi

Kolaras

15.10.1994

2762 (A) 22.09.1994

21.04.1985

367 (A) 19.04.1995

11.11.2010

28

Bakaspur

Kolaras

15.10.1994

2463 (A) 22.09.1994

02.05.1995

394 (A) 28.04.1995

11.11.2010

29

Sumela

Kolaras

15.10.1994

2766 (A) 22.09.1994

28.03.1995

262 (A) 24.03.1995

26.11.2010

30

Badarvash

Kolaras

15.10.1994

2765 (A) 22.09.1994

28.03.1995

261 (A) 24.03.1995

26.11.2010

31

Tilatili

Kolaras

15.10.1994

2765 (A) 22.09.1994

09.03.1995

150 (A) 02.03.1995

26.11.2010

32

Anwara

Kolaras

15.10.1994

2761 (A) 22.09.1994

28.03.1995

264 (A) 24.03.1995

26.11.2010

33

Digodh

Kolaras

15.10.1994

2764 (A) 22.09.1994

09.03.1995

151 (A) 02.03.1995

11.11.2010

34

Chitara

Kolaras

15.10.1994

2768 (A) 22.09.1994

09.03.1995

152 (A) 02.03.1995

28.02.2011

35

Buda dogar

Kolaras

25.02.1995

509 (A) 11.02.1995

13.06.1995

518 (A) 02.06.1995

28.02.2011

36

Kulhadi

Kolaras

15.10.1994

2769 (A) 22.09.1994

21.04.1995

365 (A) 19.04.1995

29.10.2010

37

Kharai

Kolaras

15.10.1994

2770 (A) 22.09.1994

28.03.1995

265 (A) 24.03.1995

29.10.2010

38

Lukwasha

Kolaras

15.10.1994

2771 (A) 22.09.1994

09.03.1995

153 (A) 02.03.1995

29.10.2010

39

Dondyai

Kolaras

15.10.1994

2772 (A) 22.09.1994

09.03.1995

154 (A) 02.03.1995

29.10.2010

40

Jur

Kolaras

15.10.1994

2773 (A) 22.09.1994

09.03.1995

125 (A) 02.03.1995

29.10.2010

41

Ukawal

Kolaras

15.10.1994

2774 (A) 22.09.1994

28.03.1995

263 (A) 24.03.1995

29.10.2010

42

Panwari

Kolaras

15.10.1994

2775 (A) 22.09.1994

28.03.1995

271 (A) 24.03.1995

01.11.2011

43

Gudha

Kolaras

15.10.1994

2776 (A) 22.09.1994

09.03.1995

156 (A) 02.03.1995

29.10.2010

44

Gugwara

Kolaras

15.10.1994

2777 (A) 22.09.1994

09.03.1995

157 (A) 02.03.1995

29.10.2010

45

Biramkhedi

Kolaras

15.10.1994

2778 (A) 22.09.1994

09.03.1995

158 (A) 02.03.1995

01.11.2010

46

Mohra

Kolaras

15.10.1994

2779 (A) 22.09.1994

09.03.1995

159 (A) 02.03.1995

01.11.2010

47

Tighariya

Kolaras

15.10.1994

2780 (A) 22.09.1994

09.03.1995

160 (A) 02.03.1995

01.11.2010

48

Piprodha

Kolaras

15.10.1994

2781 (A) 22.09.1994

28.03.1995

267 (A) 24.03.1995

01.11.2010

49

Bagroda

Kolaras

15.10.1994

2782 (A) 22.09.1994

09.03.1995

161 (A) 02.03.1995

01.11.2010

50

Nitwash

Kolaras

15.10.1994

2783 (A) 22.09.1994

09.03.1995

162 (A) 02.03.1995

01.11.2010

51

Kulwara

Kolaras

15.10.1994

2766 (A) 22.09.1994

28.03.1995

266 (A) 24.03.1995

01.11.2010

52

Madikhera

Kolaras

15.10.1994

2784 (A) 22.09.1994

09.03.1995

163 (A) 02.03.1995

01.11.2010

53

Deherwara

Kolaras

15.10.1994

2785 (A) 22.09.1994

21.04.1995

366 (A) 19.04.1995

01.11.2010

54

Bilokala

Shivpuri

29.10.1994

2975 (A) 22.09.1994

21.04.1995

369 (A) 19.04.1995

01.11.2010

55

Choki

Shivpuri

29.10.1994

2975 (A) 22.09.1994

02.05.1995

395 (A) 28.04.1995

01.11.2010

56

Asuakehdi

Shivpuri

29.10.1994

2975 (A) 22.09.1994

21.04.1995

369 (A) 17.04.1995

01.11.2010

57

Malakhedi

Shivpuri

29.10.1994

2975 (A) 22.09.1994

21.04.1995

369 (A) 19.04.1995

01.11.2010

58

Tongra

Shivpuri

29.10.1994

2975 (A) 22.09.1994

21.04.1995

369 (A) 19.04.1995

25.02.2011

59

Tanpur

Shivpuri

29.10.1994

2975 (A) 22.09.1994

28.03.1995

258 (A) 25.03.1995

28.02.2011

60

Kodabda

Shivpuri

29.10.1994

2975 (A) 22.09.1994

21.04.1995

369 (A) 19.04.1995

25.02.2011

61

Kabirkhedi

Shivpuri

29.10.1994

2975 (A) 22.09.1994

21.04.1995

369 (A) 19.04.1995

25.02.2011

62

Chhar

Shivpuri

29.10.1994

2975 (A) 22.09.1994

28.03.1995

258 (A) 25.03.1995

25.02.2011

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

3426

THE GAZETTE OF INDIA : MAY 3, 2014/VAISAKHA 13, 1936

[PART II—SEC. 3(ii)]

63

Tharri

Shivpuri

29.10.1994

2975 (A) 22.09.1994

21.04.1995

369 (A) 19.04.1995

25.02.2011

64

Thara

Shivpuri

29.10.1994

2975 (A) 22.09.1994

28.03.1995

258 (A) 25.03.1995

25.02.2011

65

Khorghar

Shivpuri

29.10.1994

2975 (A) 22.09.1994

21.04.1995

369 (A) 19.04.1995

25.02.2011

66

Kharaibhat

Shivpuri

29.10.1994

2975 (A) 22.09.1994

21.04.1995

369 (A) 19.04.1995

25.02.2011

67

Dakrora

Shivpuri

29.10.1994

2975 (A) 22.09.1994

21.04.1995

369 (A) 19.04.1995

25.02.2011

68

Ramabasai

Shivpuri

29.10.1994

2975 (A) 22.09.1994

21.04.1995

369 (A) 19.04.1995

25.02.2011

69

Bilupura

Shivpuri

29.10.1994

2975 (A) 22.09.1994

21.04.1995

369 (A) 19.04.1995

25.02.2011

70

Chakmankbasai Shivpuri

29.10.1994

2975 (A) 22.09.1994

28.03.1995

258 (A) 25.03.1995

25.02.2011

71

ChakdhukalbasaiShivpuri

29.10.1994

2975 (A) 22.09.1994

21.04.1995

369 (A) 19.04.1995

25.02.2011

72

Tarkaa

Shivpuri

29.10.1994

2975 (A) 22.09.1994

21.04.1995

369 (A) 19.04.1995

25.02.2011

73

Madankhedi

Shivpuri

29.10.1994

2975 (A) 22.09.1994

21.04.1995

369 (A) 19.04.1995

25.02.2011

74

Sikrawada

Shivpuri

29.10.1994

2975 (A) 22.09.1994

21.04.1995

258 (A) 25.03.1995

25.02.2011

75

Sikravadi

Shivpuri

29.10.1994

2975 (A) 22.09.1994

21.04.1995

258 (A) 25.03.1995

25.02.2011

76

Sood

Shivpuri

29.10.1994

2975 (A) 22.09.1994

21.04.1995

269 (A) 19.04.1995

25.02.2011

77

Simariya

Shivpuri

29.10.1994

2975 (A) 22.09.1994

21.04.1995

369 (A) 19.04.1995

03.01.2012

10.06.2008

1425 (A) 06.06.2008

10.10.2008

2436 (A) 10.10.2008

78

Silpura

Shivpuri

29.10.1994

2975 (A) 22.09.1995

28.03.1995

258 (A) 25.03.1995

03.01.2012

10.06.2008

1425 (A) 06.06.2008

10.10.2008

2436 (A) 10.10.2008

79

Dendri

Shivpuri

29.10.1994

2975 (A) 22.09.1994

28.03.1995

258 (A) 25.03.1995

03.01.2012

10.06.2008

1425 (A) 06.06.2008

10.10.2008

2436(A) 10.10.2008

80

Shyampur

Shivpuri

29.10.1994

2975(A) 22.09.1994

10.10.2008

2436(A) 10.10.2008

03.01.2012

25.06.2008

1559(A) 24.06.2008

10.10.2008

2436(A) 10.10.2008

81

Berja

Pohri

29.10.1994

2976(A) 22.09.1994

28.03.1995

24.03.1995

08.01.2012

82

Gugarpati

Pohri

29.10.1994

2976(A) 22.09.1994

28.03.1995

268(A) 24.03.1995

10.06.2008

1425(A) 06.06.2008

10.10.2008

83

Gugargaov

Pohri

29.10.1994

2976(A) 22.09.1994

28.03.1995

260(A) 24.03.199

21.04.2011

25.06.2008

1559(A) 24.06.2008

10.10.2008

2436(A) 10.10.2008

84

Billibaramata

Pohri

29.10.1994

2976(A) 22.09.1994

28.03.1995

268(A) 24.03.1995

21.04.2011

25.06.2008

1559(A) 24.06.2008

10.10.2008

2436(A) 10.10.2008

85

Vinherakhurd

Pohri

29.10.1994

2976(A) 22.09.1994

28.03.1995

260(A) 24.03.1995

21.04.2011

10.06.2008

1425(A) 06.06.2008

2436(A) 10.10.2008

86

Husainpur

Pohri

29.10.1994

2976(A) 22.09.1994

28.03.1995

260(A) 24.03.1995

08.01.2012

25.06.2008

1559(A) 24.06.2008

10.10.2008

2436(A) 10.10.2008

87

Balapur

Pohri

29.10.1994

2976(A) 22.09.1994

21.04.1995

368(A) 19.04.1995

08.01.2012

10.06.2008

1425(A) 06.06.2008

10.10.2008

2436(A) 10.10.2008

88

Aavadpur

Pohri

29.10.1994

2976(A) 22.09.1994

28.03.1995

260(A) 24.03.1995

21.04.2011

10.06.2008

1425(A) 06.06.2008

10.10.2008

2436(A) 10.10.2008

89

Khatka

Pohri

29.10.1994

2976(A) 22.09.1994

28.03.1995

260(A) 24.03.1995

21.04.2011

10.06.2008

1425(A) 06.06.2008

10.10.2008

2436(A) 10.10.2008

90

Ahilyapur

Pohri

29.10.1994

2976(A) 22.09.1994

28.03.1995

260(A) 24.03.1995

03.01.2012

25.06.2008

1559(A) 24.06.2008

10.10.2008

2436(A) 10.10.2008

91

Patiwari

Pohri

29.10.1994

2976(A) 22.09.1994

28.03.1995

268(A) 24.03.1995

03.01.2012

25.05.2009

1336(A) 22.05.2009

06.09.2010

2178(A) 03.09.2010

10.06.2008

1425 (A)06.06.2008

10.10.2008

2436 (A) 10.10.2008

03.01.2012

92

Devpurkala

Pohri

29.10.1994

2976(A) 22.09.1994

21.04.1995

369(A) 19.04.1995

08.01.2012

25.06.2008

1559(A) 24.06.2008

10.10.2008

2436(A) 10.10.2008

93

Gurichha

Pohri

29.10.1994

2976(A) 22.09.994

28.03.1995

260(A) 24.03.1995

08.01.2012

25.06.2008

1559(A) 24.06.2008

10.10.2008

2436(A) 10.10.2008

94

Burda

Pohri

29.10.1994

2976(A) 22/09/1994

28.03.1995

268(A) 14.03.1995

08.01.2012

25.06.2009

1559(A) 24.06.2008

10.10.2008

2436(A) 10.10.2008

95

Kema

Pohri

29.10.1994

2976(A) 22.09.1994

28.03.1995

260(A) 24.03.1995

28.09.2010

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 3] 2014@oS'kk[k 13] 1936

3427

25.06.2008

1559(A) 24.06.2008

10.10.2008

2436(A) 10.10.2008

28.09.2010

96

Shasram

Vijaipur

15.10.1994

2786(A) 22.09.1994

21.04.1995

372(A) 19.04.1995

28.02.2010

24.06.2008

1560(A) 24.06.2008

10.10.2008

2437(A) 10.10.2008

97

Farara

Vijaipur

15.10.1994

2786(A) 22.09.1994

28.03.1995

259(A) 24.03.1995

28.09.2010

24.06.2008

1560(A) 24.06.2008

10.10.2008

2437(A) 10.10.2008

28.02.2010

98

Budera

Vijaipur

15.10.1994

2786(A) 22.09.1994

28.03.1995

272(A) 24.03.1995

28.02.2010

99

Dudhye

Vijaipur

15.10.1994

2786(A) 22.09.1994

28.03.1995

272(A) 24.03.1995

28.09.2010

100

Khurjan

Vijaipur

25.05.2009

1336(A) 22.05.2009

06.09.2010

2178(A) 03.09.2010

28.09.2010

15.10.1994

2786(A) 22.09.1994

21.04.1995

372(A) 19.04.1995

28.09.2010

101

Tidabli

Jora

15.10.1994

2787(A) 22.09.1994

28.03.1995

256(A) 24.03.1995

28.09.2010

24.06.2008

1561(A) 24.06.2008

10.10.2008

2434(A) 10.10.2008

102

Bhuri

Jora

15.10.1994

2787(A) 22.09.1994

28.03.1995

256(A) 24.03.1995

28.09.2010

24.06.2008

1561(A) 24.06.2008

10.10.2008

2434(A) 10.10.2008

103

Dhondha

Jora

15.10.1994

2787(A) 22.09.1994

28.03.1995

245(A) 24.03.1995

28.09.2010

24.06.2008

1561(A) 24.06.2008

10.10.2008

2434(A) 10.10.2008

104

Baskhoa

Jora

15.10.1994

2787(A) 22.09.1994

28.03.1995

256(A) 24.03.1995

28.09.2010

24.06.2008

1561(A) 24.06.2008

10.10.2008

2434(A) 10.10.2008

105

Jogipura

Jora

15.10.1994

2787(A) 22.09.1994

28.03.1995

256(A)24.03.1995

28.09.2010

106

Kanhar

Jora

15.10.1994

2787(A) 22.09.1994

28.03.1995

256(A) 24.03.1995

28.09.2010

107

Arithi

Jora

15.10.1994

2787(A) 22.09.1994

28.03.1995

256(A) 24.03.1995

28.09.2010

108

Rakhera

Jora

27.10.1994

2760(A) 22.09.1994

28.03.1995

255(A) 24.03.1995

28.09.2010

109

Hariyapura

Jora

15.10.1994

2760(A) 22.09.1994

21.04.1995

370(A) 19.04.1995

28.09.2010

110

Mara

Jora

15.10.1994

2760(A) 22.09.1994

28.03.1995

255(A) 24.03.1995

28.09.2010

111

Bhajekapura

Jora

15.10.1994

2760(A) 22.09.1994

28.03.1995

255(A) 24.03.1995

28.09.2010

112

Khadiyapura

Jora

15.10.1994

2760(A) 22.09.1994

28.03.1995

255(A) 24.03.1995

28.09.2010

113

Gopalpura

Jora

15.10.1994

2787(A) 22.09.1994

28.03.1995

256(A) 24.03.1995

28.09.2010

114

Telri

Jora

15.10.1994

2787(A) 22.09.1994

15.04.1995

256(A) 24.03.1995

28.09.2010

115

Ghurkuda

Jora

15.10.1994

2787(A) 22.09.1994

28.09.1995

256(A) 24.03.1995

28.09.2010

116

Kherli

Jora

15.10.1994

2787(A) 22.09.1994

28.03.1995

256(A) 24.03.1995

28.09.2010

117

Japthap

Jora

15.10.1994

2787(A) 22.09.1994

28.03.1995

256(A) 24.03.1995

28.09.2010

118

Husenpur

Jora

15.10.1994

2787(A) 22.09.1994

28.03.1995

256(A) 24.03.1995

28.09.2010

119

Brajghadi

Jora

15.10.1994

2760(A) 22.09.1994

21.04.1995

271(A) 19.04.1995

28.09.2010

120

Sagoriya

Kelaras

15.10.1994

2788(A) 22.09.1994

28.03.1995

257(A) 24.03.1995

28.09.2010

121

Sighacholi

Kelaras

15.10.1994

2788(A) 22.09.1994

28.03.1995

257(A) 24.03.1995

28.09.2010

122

Devchha

Kelaras

15.10.1994

2788(A) 22.03.1994

28.03.1995

257(A) 24.03.1995

28.09.2010

123

Bilaooa

Kelaras

15.10.1994

2788(A) 22.09.1994

28.03.1995

257(A) 24.03.1995

28.09.2010

124

Burabli

Kelaras

15.10.1994

2788(A) 22.09.1994

28.03.1995

257(A) 24.03.1995

28.09.2010

125

Sujarma

Kelaras

15.10.1994

2788(A) 22.09.1994

11.05.1996

1408(A)15.04.1996

28.09.2010

126

Bilsaiya

Kelaras

15.10.1994

2788(A) 22.09.1994

28.03.1995

257(A) 24.03.1995

28.09.2010

127

Beraimanghar Kelaras

15.10.1994

2788(A) 22.09.1994

28.03.1995

257(A) 24.03.1995

28.09.2010

128

Rithoniya

Kelaras

15.10.1994

2788(A) 22.09.1994

28.03.1995

257(A) 24.03.1995

28.09.2010

129

Nepri

Kelaras

15.10.1994

2788(A) 22.09.1994

28.03.1995

257(A) 24.03.1995

28.09.2010

130

Rajpurajagir

Kelaras

15.10.1994

2788(A) 22.09.1994

28.03.1995

273(A) 24.03.1995

28.09.2010

131

Pachikha

Kelaras

15.10.1994

2788(A) 22.09.1994

28.03.1995

257(A) 24.03.1996

28.09.2010

132

Hatipura

Kelaras

15.10.1994

2788(A) 22.09.1994

28.03.1995

257(A) 24.03.1995

28.09.2010

[F. No. L-14014/24/2014-G.P.]

S.P. AGARWAL, Under Secy

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

3428

THE GAZETTE OF INDIA : MAY 3, 2014/VAISAKHA 13, 1936

[PART II—SEC. 3(ii)]

ubZ fnYyh] 29 vizSy] 2014

dk-vk- 1306-&&l{ke izkf/kdkjh] isVªksfy;e vkSj [kfut ikbiykbZu ¼Hkwfe esa mi;ksx ds vf/kdkj dk vtZu½ vf/kfu;e] 1962 ¼1962

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

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

fd;k x;k gS ;k ml {ks= esa ikbiykbZu dk LokfeRo fufgr gS] uhps lkj.kh ds LrEHk 8 esa ;Fkk mfYyf[kr e/; izns'k jkT; ds ngst&osekj&fot;iqj

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

layXud&1

vuqlwph

/kkjk 3 ¼1½ ds v/khu vf/klwpuk

/kkjk 6 ¼1½ ds v/khu vf/klwpuk

Øe

xkao dk uke

rkyqdk

jkti= esa

dk-vk- la[;k vkSj

jkti= esa

dkñvkñ la[;k vkSj dk;Z dh lekfIr

la-

rglhy

izdk'ku dk

fnukad

izdk'ku dk

fnukad dk fnukad

fnukad

fnukad

¼1½ ¼2½

¼3½

¼4½

¼5½

¼6½

¼7½

¼8½

1-

laMkork

lkjaxiqj

11-06-2009

1449¼v½10-06-2009

10-11-2009

2858¼v½10-11-2009

25-08-2011

2-

[katjiqj

lkjaxiqj

11-06-2009

1449¼v½10-06-2009

10-11-2009

2858¼v½10-11-2009

12-09-2011

3-

cj[ksMh[kqjZe

lkjaxiqj

11-06-2009

1449¼v½10-06-2009

10-11-2009

2858¼v½10-11-2009

15-09-2011

4-

?kkVk[ksMh

lkjaxiqj

11-06-2009

1449¼v½10-06-2009

10-11-2009

2858¼v½10-11-2009

15-09-2011

5-

jlwyiqjk

jktx<

11-06-2009

1449¼v½10-06-2009

10-11-2009

2858¼v½10-11-2009

28-12-2011

6-

dyiksuh

jktx<

11-06-2009

1449¼v½10-06-2009

10-11-2009

2858¼v½10-11-2009

21-09-2011

7-

ikMfy;k[ksMh

jktx<

11-06-2009

1449¼v½10-06-2009

10-11-2009

2858¼v½10-11-2009

21-09-2011

8-

pkSlyk

jktx<

11-06-2009

1449¼v½10-06-2009

10-11-2009

2858¼v½10-11-2009

21-04-2012

9-

rqefM;k[ksMh

jktx<

11-06-2009

1449¼v½10-06-2009

10-11-2009

2858¼v½10-11-2009

20-06-2012

10-

xqjkfM;k

jktx<

11-06-2009

1449¼v½10-06-2009

10-11-2009

2558¼v½10-11-2009

20-06-2012

11-

[ktwjh

jktx<

11-06-2009

1449¼v½10-06-2009

10-11-2009

2558¼v½10-11-2009

20-06-2012

12-

xksj[kiqjk

jktx<

22-06-2009

1804¼v½22-06-2009

10-11-2009

2858¼v½10-11-2009

08-04-2011

13-

fd'kuiqfj;k&1

jktx<

11-06-2009

1449¼v½10-06-2009

10-11-2009

2558¼v½10-11-2009

20-06-2012

14-

dqUMhos&1

jktx<

08-01-2010

37¼v½08-01-2010

03-04-2010

746¼v½03-04-2010

19-09-2011

15-

ykyiqjk

jktx<

11-06-2009

1449¼v½10-06-2009

10-11-2009

2858¼v½10-11-2009

21-04-2012

16-

eksgdeiqjk

jktx<

22-09-2009

2421¼v½22-09-2009

19-01-2010

113¼v½19-01-2010

13-12-2011

17-

jkuhiqjk

jktx<

11-06-2009

1449¼v½10-06-2009

10-11-2009

2858¼v½10-11-2009

19-09-2011

18-

nysyiqjk

jktx<

11-06-2009

1449¼v½10-06-2009

10-11-2009

2858¼v½10-11-2009

15-09-2011

19-

psuiqfj;k

jktx<

11-06-2009

1449¼v½10-06-2009

10-11-2009

2858¼v½10-11-2009

13-09-2011

20-

lkyiqjk

jktx<

22-09-2009

2421¼v½22-09-2009

10-11-2009

2858¼v½10-11-2009

26-11-2011

21-

lkaxh

jktx<

11-06-2009

1449¼v½10-06-2009

10-11-2009

2858¼v½10-11-2009

22-04-2012

22-

lkou[ksMk

jktx<

11-06-2009

1449¼v½10-06-2009

10-11-2009

2858¼v½10-11-2009

22-04-2012

23-

tSriqjk

jktx<

11-06-2009

1449¼v½10-06-2009

10-11-2009

2858¼v½10-11-2009

21-04-2012

24-

Hkknok[ksMk

jktx<

11-06-2009

1449¼v½10-06-2009

10-11-2009

2858¼v½10-11-2009

20-09-2011

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 3] 2014@oS'kk[k 13] 1936

3429

25-

fd'kuiqfj;k 2

jktx<

11-06-2009

1449¼v½10-06-2009

10-11-2009

2858¼v½10-11-2009

21-04-2011

26-

jkeiqfj;k

jktx<

11-06-2009

1449¼v½10-06-2009

10-11-2009

2858¼v½10-11-2009

21-04-2011

27-

jktyhos

jktx<

11-06-2009

1449¼v½10-06-2009

10-11-2009

2858¼v½10-11-2009

20-09-2011

28-

ihiyos

jktx<

11-06-2009

1449¼v½10-06-2009

10-11-2009

2858¼v½10-11-2009

19-04-2012

29-

fgju[ksMh

jktx<

22-07-2009

1804¼v½22-07-2009

10-11-2009

2858¼v½10-11-2009

28-12-2011

30-

?kks?kfM;kdyk

jktx<

11-06-2009

1449¼v½10-06-2009

10-11-2009

2858¼v½10-11-2009

09-11-2011

31-

?kks?kfM;k[kqnZ

jktx<

11-06-2009

1449¼v½10-06-2009

10-11-2009

2858¼v½10-11-2009

09-11-2011

32-

xksY;kos

jktx<

22-07-2009

1804¼v½22-07-2009

10-11-2009

2858¼v½10-11-2009

24-01-2012

33-

dkyhihB

jktx<

11-06-2009

1449¼v½10-06-2009

10-11-2009

2858¼v½10-11-2009

21-04-2012

34-

cukfu;k

jktx<

11-06-2009

1449¼v½10-06-2009

10-11-2009

2858¼v½10-11-2009

20-09-2011

35-

yky;krykbZ

jktx<

11-06-2009

1449 ¼v½ 10-06-2009

10-11-2009

2858 ¼v½ 10-11-2009

19-04-2012

36-

cktiqjk

jktx<

11-06-2009

1449 ¼v½ 10-06-2009

10-11-2009

2858 ¼v½ 10-11-2009

19-04-2012

37-

dqUMhos 2

jktx<

11-06-2009

1449 ¼v½ 10-06-2009

10-11-2009

2858 ¼v½ 10-11-2009

24-01-2012

38-

egqokos

jktx<

11-06-2009

1449 ¼v½ 10-06-2009

10-11-2009

2858 ¼v½ 10-11-2009

24-01-2012

39-

tksMfd;k

jktx<

11-06-2009

1449 ¼v½ 10-06-2009

10-11-2009

2858 ¼v½ 10-11-2009

19-04-2012

40-

lqokgsMh

jktx<

11-06-2009

1449 ¼v½ 10-06-2009

10-11-2009

2858 ¼v½ 10-11-2009

19-04-2012

41-

tykyiqjk

jktx<

11-06-2009

1449 ¼v½ 10-06-2009

10-11-2009

2858 ¼v½ 10-11-2009

21-04-2012

42-

lksukgsMk

pkpkSMk

22-07-2009

1803 ¼v½ 22-07-2009

03-12-2009

3095 ¼v½ 03-12-2009

24-04-2012

43-

¯lxkiqjk

pkpkSMk

22-06-2009

1803 ¼v½ 22-06-2009

03-12-2009

3095 ¼v½ 03-12-2009

13-09-2011

44-

us'k[kqnZ

pkpkSMk

22-07-2009

1803 ¼v½ 22-07-2009

03-12-2009

3095 ¼v½ 03-12-2009

25-08-2011

45-

usR;k[ksMh

pkpkSMk

22-07-2009

1803 ¼v½ 22-07-2009

03-12-2009

3095 ¼v½ 03-12-2009

26-11-2011

46-

>ksjnk

pkpkSMk

03-04-2010

743 ¼v½ 03-04-2010

03-12-2009

3095 ¼v½ 03-12-2009

03-04-2011

47-

eksgEeniqj

pkpkSMk

22-07-2009

1803 ¼v½ 22-07-2009

03-12-2009

3095 ¼v½ 03-12-2009

19-03-2012

48-

xqUtkjh

pkpkSMk

22-07-2009

1803 ¼v½ 22-07-2009

03-12-2009

3095 ¼v½ 03-12-2009

18-03-2012

49-

eqagklkdyk

pkpkSMk

22-07-2009

1803 ¼v½ 22-07-2009

03-12-2009

3095 ¼v½ 03-12-2009

19-03-2012

50-

iksykl

pkpkSMk

22-07-2009

1803 ¼v½ 22-07-2009

03-12-2009

3095 ¼v½ 03-12-2009

18-03-2012

51-

pkpkSMk

pkpkSMk

22-07-2009

1803 ¼v½ 22-07-2009

03-12-2009

3095 ¼v½ 03-12-2009

24-04-2012

52-

Nku

pkpkSMk

22-07-2009

1803 ¼v½ 22-07-2009

03-12-2009

3095 ¼v½ 03-12-2009

19-03-2012

53-

egs'kiqjk

pkpkSMk

22-07-2009

1803 ¼v½ 22-07-2009

03-12-2009

3095 ¼v½ 03-12-2009

25-04-2012

54-

chtuhiqjk

pkpkSMk

22-07-2009

1803 ¼v½ 22-07-2009

03-12-2009

3095 ¼v½ 03-12-2009

19-03-2012

55-

t;¯lgiqjk

pkpkSMk

22-07-2009

1803 ¼v½ 22-07-2009

03-12-2009

3095 ¼v½ 03-12-2009

19-03-2012

56-

pkjuiqjk

pkpkSMk

08-01-2010

37 ¼v½ 08-01-2010

03-04-2010

746 ¼v½ 03-04-2010

08-11-2011

57-

[kstMk[kqnZ

pkpkSMk

22-07-2009

1803 ¼v½ 22-07-2009

03-12-2009

3095 ¼v½ 03-12-2009

13-09-2011

58-

jeMk

pkpkSMk

22-07-2009

1803 ¼v½ 22-07-2009

03-12-2009

3095 ¼v½ 03-12-2009

08-11-2011

59-

jeMh

ppkSMk

19-04-2011

764 ¼v½ 19-04-2011

03-04-2010

746 ¼v½ 03-04-2010

24-04-2012

¼1½ ¼2½

¼3½

¼4½

¼5½

¼6½

¼7½

¼8½

3430

THE GAZETTE OF INDIA : MAY 3, 2014/VAISAKHA 13, 1936

[PART II—SEC. 3(ii)]

60-

cj[ksMhekQh

dqEHkjkt

22-07-2009

1803 ¼v½ 22-07-2009

03-12-2009

3095 ¼v½ 03-12-2009

13-09-2011

61-

b±V[ksMhdyk

dqEHkjkt

22-07-2009

1803 ¼v½ 22-07-2009

11-12-2009

3183 ¼v½ 10-12-2009

12-09-2011

62-

flgkjh

dqEHkjkt

22-07-2009

1803 ¼v½ 22-07-2009

11-12-2009

3183 ¼v½ 10-12-2009

12-09-2011

63-

vyh[ksMh

dqEHkjkt

22-07-2009

1803 ¼v½ 22-07-2009

11-12-2009

3183 ¼v½ 10-12-2009

12-09-2011

64-

[kstMkcsgjk

dqEHkjkt

22-07-2009

1803 ¼v½ 22-07-2009

11-12-2009

3183 ¼v½ 10-12-2009

19-03-2012

65-

rqylh[ksMh

dqEHkjkt

22-07-2009

1803 ¼v½ 22-07-2009

11-12-2009

3183 ¼v½ 10-12-2009

19-03-2012

66-

Åijh

dqEHkjkt

22-07-2009

1803 ¼v½ 22-07-2009

11-12-2009

3183 ¼v½ 10-12-2009

19-03-2012

67-

ekuiqjk

dqEHkjkt

22-07-2009

1803 ¼v½ 22-07-2009

11-12-2009

3183 ¼v½ 10-12-2009

13-09-2011

68-

lkadkdyk

jk?kkSx<

22-07-2009

1803 ¼v½ 22-07-2009

11-12-2009

3183 ¼v½ 10-12-2009

13-09-2011

69-

csgjk[ksMh

jk?kkSx<

22-07-2009

1803 ¼v½ 22-07-2009

18-03-2010

613 ¼v½ 18-03-2010

08-11-2011

70-

c;kZ

jk?kkSx<

22-07-2009

1803 ¼v½ 22-07-2009

19-01-2010

113 ¼v½ 19-01-2010

08-11-2011

71-

vkou

jk?kkSx<

22-07-2009

1803 ¼v½ 22-07-2009

19-01-2010

113 ¼v½ 19-01-2010

08-11-2011

72-

Hk®lkuk

jk?kkSx<

22-07-2009

1803 ¼v½ 22-07-2009

19-01-2010

113 ¼v½ 19-01-2010

08-11-2011

73-

psaVjojhZ

jk?kkSx<

22-07-2009

1803 ¼v½ 22-07-2009

19-01-2010

113 ¼v½ 19-01-2010

04-05-2012

74-

vghj[ksMh

jk?kkSx<

22-07-2009

1803 ¼v½ 22-07-2009

19-01-2010

113 ¼v½ 19-01-2010

19-03-2012

75-

vgeniqja

jk?kkSx<

22-07-2009

1803 ¼v½ 22-07-2009

19-01-2010

113 ¼v½ 19-01-2010

24-04-2012

76-

gqlsuiqja

jk?kkSx<

22-07-2009

1803 ¼v½ 22-07-2009

19-01-2010

113 ¼v½ 19-01-2010

08-04-2011

[Qkñlañ ,y&14014@23@2014&th ih]

,lñihñ vxzoky] voj lfpo

New Delhi, the 29th April, 2014

S.O. 1306 .—In pursuance of the proviso to sub-rule (i) of rule 4 of the Petroleum and Minerals Popelines (Acquisition

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

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

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

date of termination of operation of laying Dahej - Vemar - Vijaipur pipeline project in Madhya Pradesh State as mentioned in

column - 8 of the Schedule below, namely:—

ANNEXURE- 1

SCHEDULE

Notification Under section 3(1) Notification Under section 6(1)

Sr.No.

Name of

Tehsil

Date of

S.O.No. & Date

Date of

S.O.No. & Date

Date of

Village

Publication

Publication

Termination

of Gazette

of Gazette

of operations

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

1.

Sandavta

Sarangpur

11.06.2009

1449(A)10.06.2009

10.11.2009

2858(A) 10.11.2009

5.08.2011

2.

Khanjarpur

Sarangpur

11.06.2009

1449(A)10.06.2009

10.11.2009

2858(A)10.11.2009

12.09.2011

3.

Barkhedikhuram

Sarangpur

11.06.2009

1449(A)10.06.2009

10.11.2009

2858(A)10.11.2009

15.09.2011

4.

Ghatakhedi

Sarangpur

11.06.2009

1449(A)10.06.2009

10.11.2009

2858(A)10.11.2009

15.09.2011

5.

Rasulpura

Rajgad

11.06.2009

1449(A)10.06.2009

10.11.2009

2858(A)10.11.2009

28.12.2011

¼1½ ¼2½

¼3½

¼4½

¼5½

¼6½

¼7½

¼8½

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 3] 2014@oS'kk[k 13] 1936

3431

6.

Kalponi

Rajgad

11.06.2009

1449(A)10.06.2009

10.11.2009

2858(A)10.11.2009

21.09.2011

7.

Paddaliya Khedi Rajgad

11.06.2009

1449(A)10.06.2009

10.11.2009

2858(A)10.11.2009

21.09.2011

8.

Chonsla

Rajgad

11.06.2009

1449(A)10.06.2009

10.11.2009

2858(A)10.11.2009

21.04.2012

9.

Tumadiyakhedi

Rajgad

11.06.2009

1449(A)10.06.2009

10.11.2009

2858(A)10.11.2009

20.06.2012

10.

Guradiya

Rajgad

11.06.2009

1449(A)10.06.2009

10.11.2009

2858(A)10.11.2009

20.06.2012

11.

Khajuri

Rajgad

11.06.2009

1449(A)10.06.2009

10.11.2009

2858(A)10.11.2009

20.06.2012

12.

Gorakhpura

Rajgad

22.06.2009

1804(A)22.06.2009

10.11.2009

2858(A)10.11.2009

08.04.2011

13.

Kishanpuriya-1

Rajgad

11.06.2009

1449(A)10.06.2009

10.11.2009

2858(A)10.11.2009

20.06.2012

14.

Kundibeh 1

Rajgad

08.01.2010

37(A)08.01.2010

03.04.2010

746(A)03.04.2010

19.09.2011

15.

Lalpura

Rajgad

11.06.2009

1449(A)10.06.2009

10.11.2009

2858(A)10.11.2009

21.04.2012

16.

Mohlampura

Rajgad

22.09.2009

2421(A)22.096.2009

19.01.2010

113(A)19.01.2010

13.12.2011

17.

Ranipura

Rajgad

11.06.2009

1449(A)10.06.2009

10.11.2009

2858(A)10.11.2009

19.09.2011

18.

Dalelpura

Rajgad

11.06.2009

1449(A)10.06.2009

10.11.2009

2858(A)10.11.2009

15.09.2011

19.

Chainpuriya

Rajgad

11.06.2009

1449(A)10.06.2009

10.11.2009

2858(A)10.11.2009

13.09.2011

20.

Salpura

Rajgad

22.09.2009

2421(A)22.09.2009

10.11.2009

2858(A)10.11.2009

26.11.2011

21.

Saangi

Rajgad

11.06.2009

1449(A)10.06.2009

10.11.2009

2858(A)10.11.2009

21.04.2011

22.

Sawankheda

Rajgad

11.06.2009

1449(A)10.06.2009

10.11.2009

2858(A)10.11.2009

22.04.2012

23.

Pura

Rajgad

11.06.2009

1449(A)10.06.2009

10.11.2009

2858(A)10.11.2009

21.04.2012

24.

Bhadvakheda

Rajgad

11.06.2009

1449(A)10.06.2009

10.11.2009

2858(A)10.11.2009

20.09.2011

25.

Kishanpuriya 2

Rajgad

11.06.2009

1449(A)10.06.2009

10.11.2009

2858(A)10.11.2009

21.04.2011

26.

Rampuria

Rajgad

11.06.2009

1449(A)10.06.2009

10.11.2009

2858(A)10.11.2009

21.04.2011

27.

Rajlibe

Rajgad

11.06.2009

1449(A)10.06.2009

10.11.2009

2858(A)10.11.2009

20.09.2011

28.

Pipalbe

Rajgad

11.06.2009

1449(A)10.06.2009

10.11.2009

2858(A)10.11.2009

19.04.2012

29.

Hirankhedi

Rajgad

22.07.2009

1804(A)22.07.2009

10.11.2009

2858(A)10.11.2009

28.12.2011

30.

Ghoghadiyakala

Rajgad

11.06.2009

1449(A)10.06.2009

10.11.2009

2858(A)10.11.2009

09.11.2011

31.

Ghoghadiyakhurd Rajgad

11.06.2009

1449(A)10.06.2009

10.11.2009

2858(A)10.11.2009

09.11.2011

32.

Golyave

Rajgad

22.07.2009

1804(A)22.07.2009

10.11.2009

2858(A)10.11.2009

24.01.2012

33.

Kalipith

Rajgad

11.06.2009

1449(A)10.06.2009

10.11.2009

2858(A)10.11.2009

21.04.2012

34

Bnaniya

Radgad

11.06.2009

1449(A) 10.06.2009

10.11.2009

2858 (A) 10.11.2009

20.09.2011

35

Lalatalai

Rajgad

11.06.2009

1449(A)10.06.2009

10.11.2009

2858 (A) 10.11.2009

19.04.2012

36

Bajpura

Rajgad

11.06.2009

1449 (A) 10.06.2009

10.11.2009

2858 (A) 10.11.2009

19.04.2012

37

Kundibeh 2

Rajgad

11.06.2009

1449 (A) 10.06.2009

10.11.2009

2858 (A) 10.11.2009

24.01.2012

38

Mahubabe

Rajgad

11.06.2009

1449 (A) 10.06.2009

10.11.2009

2858 (A) 10.11.2009

24.01.2012

39

Jodakia

Rajgad

11.06.2009

1449 (A) 10.06.2009

10.11.2009

2858 (A) 10.11.2009

19.04.2012

40

Suwaheri

Rajgad

11.06.2009

1449 (A) 10.06.2009

10.11.2009

2858 (A) 10.11.2012

19.04.2012

41

Jalalpura

Rajgad

11.06.2009

1449 (A) 10.06.2009

10.11.2009

2858 (A) 10.11.2009

21.04.2012

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

3432

THE GAZETTE OF INDIA : MAY 3, 2014/VAISAKHA 13, 1936

[PART II—SEC. 3(ii)]

42

Sonahera

Chachoda

22.07.2009

1803 (A) 22.07.2009

03.12.2009

3095 (A) 03.12.2009

24.04.2012

43

Sigapura

Chachoda

22.06.2009

1803 (A) 22.06.2009

03.12.2009

3095 (A) 03.12.2009

13.09.2011

44

Nesh Khurd

Chachoda

22.07.2009

1803 (A) 22.07.2009

03.12.2009

3095 (A) 03.12.2009

25.08.2011

45

Netya Khedi

Chachoda

22.07.2009

1803 (A) 22.07.2009

03.12.2009

3095 (A) 03.12.2009

26.11.2011

46

Jhordha

Chachoda

03.04.2010

743 (A) 03.04.2010

03.12.2009

3095 (A) 03.12.2009

03.04.2011

47

Mohammadpur

Chachoda

22.07.2009

1803A22.07.2009

03.12009

3095(A) 03.12.2009

19.03.2012

48

Gunjari

Chachoda

22.07.2009

1803 (A) 22.07.2009

03.12.2009

3095 (A) 03.12.2009

18.03.2012

49

Muhashkala

Chachoda

22.07.2009

1803 (A) 22.07.2009

03.12.2009

3095 (A) 03.12.2009

19.03.2012

50

Polash

Chachoda

22.07.2009

1803 (A) 22.07.2009

03.12.2009

3095 (A) 03.12.2009

18.03.2012

51

Chachoda

Chachoda

22.07.2009

1803 (A) 22.07.2009

03.12.2009

3095 (A) 03.12.2009

24.04.2012

52

Chhan

Chachoda

22.07.2009

1803 (A) 22.07.2009

03.12.2009

3095 (A) 03.12.2009

19.03.2012

53

Mahespura

Chachoda

22.07.2009

1803 (A) 22.07.2009

03.12.2009

3095 (A) 03.12.2009

25.04.2012

54

Bijnipur

Chachoda

22.07.2009

1803 (A) 22.07.2009

03.12.2009

3095 (A) 03.12.2009

19.03.2012

55

Jyishingh

Chachoda

22.07.2009

1803 (A) 22.07.2009

03.12.2009

3095 (A) 03.12.2009

19.03.2012

56

Charanpura

Chachoda

08.01.2010

37 (A) 08.01.2010

03.04.2010

746 (A) 03.04.2010

08.11.2011

57

Khejda Khurd

Chachoda

22.07.2009

1803 (A) 22.07.2009

03.12.2009

3095 (A) 03.12.2009

13.09.2011

58

Ramra

Chachoda

22.07.2009

1803 (A) 22.07.2009

03.12.2009

3095 (A) 03.12.2009

08.11.2011

59

Ramrima

Chachoda

19.04.2011

764 (A) 19.04.2011

03.04.2010

746 (A) 03.04.2010

24.04.2012

60

Barkherima

Chachoda

22.07.2009

1803 (A) 22.07.2009

03.12.2009

3095 (A) 03.12.2009

13.09.2011

61

Intkherima

Kumbhraj

22.07.2009

1803 (A) 22.07.2009

11.12.2009

3183(A) 10.12.2009

12.09.2011

62

Sihari

Kumbhraj

22.07.2009

1803 (A) 22.07.2009

11.12.2009

3183 (A) 10.12.2009

12.09.2011

63

Allikheri

Kumbhraj

22.07.2009

1803 (A) 22.07.2009

11.12.2009

3183 (A) 10.12.2009

12.09.2011

64

Kherja Behra

Kumbhraj

22.07.2009

1803 (A) 22.07.2009

11.12.2009

3183 (A) 10.12.2009

19.03.2012

65

Tulsikheri

Kumbhraj

22.07.2009

1803 (A) 22.07.2009

10.12.2009

3183 (A) 10.12.2009

19.03.2012

66

Upri

Kumbhraj

22.07.2009

1803 (A) 22.07.2009

11.12.2009

3183 (A) 10.12.2009

19.03.2012

67

Manpura

Kumbhraj

22.07.2009

1803 (A) 22.07.2009

11.12.2009

3183 (A) 10.12.2009

13.09.2011

68

Sanka Kalan

Kumbhraj

22.07.2009

1803 (A) 22.07.2009

11.12.2009

3183 (A) 10.12.2009

13.09.2011

69

Behra kheri

Raghogad

22.07.2009

1803 (A) 22.07.2009

18.03.2010

613 (A) 18.03.2010

08.11.2011

70

Barya

Raghogad

22.07.2009

1803 (A) 22.07.2009

19.01.2010

113 (A) 19.01.2010

08.11.2011

71

Awan

Raghogad

22.07.2009

1803 (A) 22.07.2009

19.01.2010

113 (A) 19.01.2010

08.11.2011

72.

Bhesana

Raghogad

22.07.2009

1803 (A) 22.07.2009

19.01.2010

113(A) 19.01.2010

08.11.2011

73.

Chetabari

Raghogad

22.07.2009

1803 (A) 22.07.2009

19.01.2010

113(A) 19.01.2010

04.05.2011

74.

Ahirkheri

Raghogad

22.07.2009

1803 (A) 22.07.2009

19.01.2010

113(A) 19.01.2010

19.03.2012

75.

Ahmedpur

Raghogad

22.07.2009

1803 (A) 22.07.2009

19.01.2010

113(A) 19.01.2010

24.04.2012

76.

Husenpur

Raghogad

22.07.2009

1803 (A) 22.07.2009

19.01.2010

113(A) 19.01.2010

08.04.2011

[F. No. L-14014/23/2014-G.P.]

S. P. AGARWAL, Under Secy.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 3] 2014@oS'kk[k 13] 1936

3433

oL= ea=ky;

ubZ fnYyh] 30 vizSy] 2014

dkñvkñ 1307-&&dsUnzh; ljdkj] ¼la?k ds 'kkldh; iz;kstuks

ds fy,½ jktHkk"kk fu;e] 1976 ds fu;e 10 ds mifu;e ¼4½ ds

vuqlj.k esa] oL= ea=ky; ds varxZr vkus okys fuEufyf[kr dk;kZy;ksa

dks ftlds 80% ls vf/kd deZpkfj;ksa us fgUnh dk dk;Zlk/kd Kku

izkIr dj fy;k gS] vf/klwfpr djrh gS%µ

1- js'ke tSo izkS|ksfxdh vuqla/kku iz;ksx'kkyk] dsUnzh; js'ke

cksMZ] dkjesyjke Mkd] dksM+rh csxyq:&560 035 ¼dukZVd½

2- vuqla/kku foLrkj dsanz] dsjsvoizlañ] dsUnzh; js'ke cksMZ]

jaxiks&737132 ¼flfDde½

3- {ks=h; dk;kZy;] dsUnzh; js'ke cksMZ] 18&lR;uxj]

Hkqous'oj&751007 ¼vksfM'kk½

[lañbZñ 11016@1@2011&fgUnh]

lqu;uk rksej] la;qDr lfpo

MINISTRY OF TEXTILES

New Delhi, 30th April, 2014

S.O. 1307.—In pursuance of sub-Rule (4) of Rule

10 of the Official Languages (use for the official purpose

of the Union) Rules, 1976, the Central Government,

hereby notifies the following offices of the Ministry of

Textiles, more than 80% staff whereof have acquired

working knowledge of Hindi:—

1. Seri Biotech Research Laboratory, Central Silk

Board, Carmelram Post, Kodathi, Bengarulu-560035

Karnataka.

2. Research Extention Centre, CSR&TI, Cntral Silk

Board, Rangpo-737132 Sikkim.

3. Regional Office, Central Silk Board, 18-

Satyanagar, Bhubaneswar-751007 Orissa.

[No. E. 11016/1/2011-Hindi]

SUNAINA TOMAR, Jt. Secy.

dks;yk ea=ky;

ubZ fnYyh] 2 ebZ 2014

dkñvkñ 1308-&&dsUnzh; ljdkj dks ;g izrhr gksrk gS fd

blls mikc) vuqlwph esa of.kZr ifj{ks= dh Hkwfe esa ls dks;yk vfHkizkIr

fd, tkus dh laHkkouk gS(

vkSj mDr vuqlwph esa of.kZr Hkwfe ds {ks= dk C;kSjk varfoZ"V

djus okys js[kkad la[;kad vkjbZoh@01@2014] rkjh[k 15 tuojh]

2014 dk fujh{k.k lsaVªy dksyQhYM~l fyfeVsM ¼Hkwfe vkSj jktLo

foHkkx½ njHkaxk gkml] jkaphµ 834929 ¼>kj[kaM½ ds dk;kZy; esa ;k

egkizca/kd] lsUVªy dksyQhYMl fyfeVsM] ex/k ,oa vkezikyh] ftyk

prjk ¼>kj[kaM½] ds dk;kZy; esa ;k mik;qDr ftyk prjk >kj[kaM ;k

egkizca/kd ¼[kkst izHkkj½ vkjvkbZ&III] dsUnzh; [kku ;kstuk ,oa

fMtkbu laLFkku] xksMokuk Iysl] dkads jksM] jkaph ¼>kj[kaM½ ds dk;kZy;

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

ds dk;kZy; esa fd;k tk ldrk gSA

vr% vc] dsUnzh; ljdkj] dks;yk /kkjd {ks= ¼vtZu vkSj

fodkl½ vf/kfu;e] 1957 ¼1957 dk 20½ ftls blesa blds i'pkr~

mDr vf/kfu;e dgk x;k gS] dh /kkjk 4 dh mi/kkjk ¼1½ }kjk iznr

'kfDr;ksa dk iz;ksx djrs gq, iwoksZDr vuqlwph esa of.kZr Hkwfe esa dks;ys

dk iwosZ{k.k djus ds vius vk'k; dh lwpuk nsrh gSA

mi;qZDr of.kZr vuqlwph esa of.kZr Hkwfe esa fgrc) dksbZ O;fDr

bl vf/klwpuk ds izdk'ku dh rkjh[k ls uCcs fnu ds Hkhrj egk&

izca/kd] lsaVªy dksyQhYMl fyfeVsM] ex/k ,oa vkezokyh {ks=]

ftyk prjk ¼>kj[kaM½ ;k egkizca/kd] lsaVªy dksyQhYMl fyfeVsM]

Hkwfe vkSj jktLo foHkkx] njHkaxk gkml] jkphµ834029 ¼>kj[kaM½

dksµ

(i)

mDr vf/kfu;e dh /kkjk 4 dh mi /kkjk ¼3½ ds v/khu dh

xbZ dkjZokbZ ls gqbZ {kfr ;k laHkkO; gksus okyh fdlh {kfr ds

fy, vf/kfu;e dh /kkjk 6 ds v/khu izfrdj dk nkok dj

ldsxk( vkSj

(ii)

mDr vf/kfu;e dh /kkjk 13 dh mi /kkjk ¼1½ ds v/khu

lekIr gks xbZ iwosZ{k.k vuqKfIr;ksa dh ckcr~ ;k mDr

vf/kfu;e dh /kkjk 13 dh mi /kkjk ¼4½ ds v/khu lekIr

gks x, [kuu iV~Vs ds fy, izfrdkj dk nkok dj ldsxk vkSj

mDr vf/kfu;e dh /kkjk 13 dh mi /kkjk ¼1½ ds [kaM (i) ls

[kaM (iv) esa fofufnZ"V enksa dh ckcr~ mixr O;; dks minf'kZr

dju sds fy, mDr Hkwfe ls lacaf/kr lHkh ekufp=ksa] pkV ks± vkSj

vU; nLrkostksa dks ifjnÙk dj ldsxkA

vuqlwph

vkezikyh foLrkj [kqyh [knku ifj;kstuk

ftyk&prjk] >kj[kaM

¼js[kkd la[;kad vkjbZoh@01@2014] rkjh[k 15 tuojh] 2014½

dzñ

xzke

Fkkuk

Fkkuk

ftyk

{ks=

{ks=

fVIi.k

lañ

uañ

¼,dM+½

¼gsDVs;j½

1

2

3

4

5

6

7

8

1-

gksugs

VaMok

50@207 prjk

210-00

85-02

Hkkx

2-

dqejkax VaMok

51@208 prjk

393-78

159-1

Hkkx

[kqnZ

3434

THE GAZETTE OF INDIA : MAY 3, 2014/VAISAKHA 13, 1936

[PART II—SEC. 3(ii)]

1

2

3

4

5

6

7

8

3-

dqejkax VaMok

52@209 prjk

147-99

59-91

Hkkx

dyka

4-

mjlq VaMok

54@211 prjk

294-78

119-34 Hkkx

dqy%

1046-55

423-37

lhek dk o.kZu%

dµ[k

js[kk fcUnq ^d* ls vkjEHk gksdj xzke dks;n esa gksugs

ds lfEefyr lhek ls xqtjrh gqbZ js[kk fcUnq ^[k* ij

feyrh gSA

[kµx

js[kk fcUnq ^[k* xjh;k unh ds e/; js[kk ls xqtjrh gqbZ

fcUnq ^x* ij feyrh gSA

xµ?k

js[kk fcUnq ^x* xjh;k unh ds e/; js[kk ls xqtjrh gqbZ

fcUnq ^?k* ij feyrh gSA

?kµd

js[kk fcUnq ?k* xzke mjlw] dqejkax dyk] dqejkax [kqnZ vkSj

gksugs ls xqtjrh gqbZ vkjafHkd fcUnq ^d* ij feyrh gSA

[Qkñ lañ 43015@2@2014µihvkjvkbZMCY;w&I]

nksfefud MqaxMqax] voj lfpo

MINISTRY OF COAL

New Delhi, the 2nd May, 2014

S.O. 1308.—Whereas, it appears to the Central

Government that coal is likely to be obtained from the

land in the locality described in the Schedule annexed

hereto;

And, whereas the plan bearing number Rev/01/2014,

dated the 15th January, 2014 containing details of the

areas of land described in the said Schedule may be

inspected at the office of the Central Coalfields Limited

(Land and Revenue Department), Darbhanga House,

Ranchi-834 029 (Jharkhand) or at the office of the

General Manager, Central Coalfields Limited, Magadh and

Amrapali, District Chatra (Jharkhand), Deputy

Commissioner, District Chatra, Jharkhand or at the office

of the General Manager (Exploration Division), RI-III,

Central Mine Planning and Design Institute, Gondwana

Palace, Kanke Road, Ranchi (Jharkhand) or at the office

of the Coal Controller, 1, Council House Street,

Kolkata-700 001.

Now, therefore, in exercise of the powers conferred

by sub-section (1) of section 4 of the Coal Bearing Areas

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

hereinafter referred to as the said Act, the Central

Government hereby gives notice of its intention to

prospect for coal in land described in the aforesaid

Schedule.

Any person interested in the land described in the

above mentioned Schedule may:—

(i)

claim compensation under section 6 of the said Act

for any damage caused or likely to be caused by

any action under sub-section (3) of section 4 of the

said Act: or

(ii)

claim compensation under sub-section (1) of section

13 of the said Act in respect of prospecting license

ceasing to have effect or under sub-section (4) of

section 13 of the said Act for mining lease ceasing

to have effect and deliver all maps, charts and other

documents relating to the aforesaid land to show

the expenditure incurred in respect of items

specified in clauses (i) to (iv) to sub-section (1) of

section 13 of said Act, to the office of the General

Manager, Central Coalfields Limited, Magadh and

Amrapali Area, District Chatra (Jharkhand) or General

Manager, Central Coalfields Limited, Land and

Revenue Department, Darbhanga House, Ranchi-

834029 (Jharkhand) within a period of ninety days

from the date of publication of this notification.

SCHEDULE

Amrapali Extension Opencast Project

District-Chatra, Jharkhand

(plan bearing number Rev/01/2014, dated the

15th January, 2014)

Sl. Village

Thana

Thana District Area

Area Remarks

No.

No.

(Acres)

(Hectares)

1. Honhe

Tandwa

50/207 Chatra

210.00

85.02

Part

2. KumarangTandwa 51/208 Chatra

393.78

159.1

Part

Kurd

3. KumarangTandwa 52/209 Chatra

147.99

59.91

Part

Kalan

4. Ursu

Tandwa

54/211 Chatra

294.78

119.34 Part

Total

1046.55

423.37

Boundary Description:—

A-B

Line starts from'A' and passes through common

boundary of village koed and Honhe and meets at

point 'B'.

B-C

Line passes through centre line of Garuia Nadi

and meets at point 'C'.

C-D

Line passes through centre line of Garuia Nadi

and meets at points 'D'.

D-A

line passes through village Ursu, Kumarang

Kalan, Kumarang Khurd and Honhe and meets at

starting point 'A'.

[F.No. 43015/2/2014-PRIW-1]

DOMINIC DUNGDUNG, Under Secy.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 3] 2014@oS'kk[k 13] 1936

3435

Je ,oa jkstxkj ea=ky;

ubZ fnYyh] 21 vizSy] 2014

dk-vk- 1309.— vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ,QñlhñvkbZñ

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

141@2013½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 21@04@2014

dks izkIr gqvk FkkA

[lañ ,y&22011@6@2013&vkbZvkj ¼lh,e&II)]

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

MINISTRY OF LABOUR AND EMPLOYMENT

New Delhi, the 21st April, 2014

S.O.1309.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 141/

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 FCT, FSD, at PO/Dt.-

Gumla, Food Corporation of India, Mahabir Tower, and

their workmen, received by the Central Government on

21/04/2014

[No. L-22011/6/2013-IR(CM-II)]

B.M. PATNAIK, Desk 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. 141 OF 2013.

PARTIES :

The General Secretary,

F.C.I. Workers Union.

58/1, Diamond Harbour Road,

Kolkata-23.

Vs

General Manager, Food Corporation of India, Ranchi

APPEARANCES:

On behalf of the workman/

:

Mr. Ghanshyam Jena

union

Union Representative

On behalf of the

:

None

Management

State

JHARKHAND

Industry: Consumer Affairs, Food and Pub. Distribution

Dhanbad, dated the 7th March, 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-22011/

6/2013-IR(CM-II) dt. 10.06.2013.

SCHEDULE

"Whether the actions of the Management of Food

Corporation of India in denying wages for the period

03.02.2012 to 13.06.2012 and consequential benefits

to Sri Fundan Sao and 43 other workmen under No

work No Pay System (List enclosed) after their transfer

from FSD, Suriya Godown to FCI, FSD, Gumla Depot

are legal and justified? If not, what relief including

costs and incidental to, the workmen are entitled to?

2. Shri Birendra Rai, the workmen under Sl. No. 44 out

of the total workmen 44 as per the list enclosed is present

and by filing a petition (in duplicate) dt 31.1.2014 duly under

the signature of Shri Ghanshyam Jena, the General

Secretary, the FCI Workers Union, Diamond Harbour Road,

Kolkata, has submitted that the Union does not want to

pursue the instant Industrial Dispute for the reasons that

the amicable settlement is in process between both the

parties, so it needs to be withdrawn. On the other hand,

despite Regd. Notices neither the Manager, FCI, FSD, PO:/

Distt. Gumla, nor the General Manager, FCI, Mahavir

Tower, 9th Floor, Main Road, Ranchi, both Jharkhand,

appeared in this case.

Since the Union Repesentative is reluctant to pursue

the Reference case in view of the process of settlement

going between both the parties, the case is closed as non-

existence of the Industrial Dispute; accordingly an order of

No Dispute is passed.

KISHORI RAM, Presiding Officer

3436

THE GAZETTE OF INDIA : MAY 3, 2014/VAISAKHA 13, 1936

[PART II—SEC. 3(ii)]

List of the 44 workers

Sl.

Name of worker

Sl.

Name of worker

No.

No.

01

02

01

02

1

Fudan Sao

2

Heman Yadav

3

Ramdeo Sao

4

Khuban Sao

5

Md. Kamruddin Mian 6

Kalia Sao

7

Bandhan Mahto

8

Churaman Gope

9

Binod Sao

10

Bedo Gope

11

Md. Khalil Mian

12

Sahdeo Sao

13

Laxman Yadav

14

Md. Habib Mian

15

Bhawani Thakur

16

Dukhan Yadav

17

Basudeo Sao

18

Laxman Sao

19

Shaymlal Sao

20

Md. Jumman Mian

21

Bhudan Gope

22

Ishwar Sao

23

Santan Sao

24

Sewa Sao

25

Mahesh Sao

26

Mahru Sao

27

Bhagirath Yadav

28

Chhotan Singh

29

Tek Lal Gope

30

Md. Badruddin Mian

31

Bhikho Sao

32

Chander Sao

33

Md. Siddique Mian

34

Ramdeo Sao

35

Rameshwar Sao

36

Sukhdeo Sao

37

Raghunath Sao

38

Somar Sao

39

Dhupal Sao

40

Ashok Sao

41

Bhagirath Sao

42

Surendra Sao

43

Rajender Sao

44

Birendra Rai

ubZ fnYyh] 22 vizSy] 2014

dk-vk- 1310.— vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ,lñlhñlhñ,yñ

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;] gSnjkckn ds iapkV ¼lanHkZ la[;k 70@2013½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 22@04@2014 dks izkIr gqvk FkkA

[lañ ,yñ 22012@75@2013&vkbZ vkj ¼lh ,e&II)]

chñ,eñ iVuk;d] MsLd vf/kdkjh

New Delhi, the 22nd April, 2014

S.O. 1310.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No.

70/2013) of the Cent. Govt. Indus. Tribunal-cum-Labour

Court, Hyderabad as shown in the Annexure, in the

industrial dispute between the management of M/s .

Singareni Colleries Co. Ltd., and their workmen, received

by the Central Government on 22/04/2014.

[No. L-22012/75/2013-IR(CM-II)]

B.M. PATNAIK, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

AT HYDERABAD

Present : SMT.M.VIJAYAAKSHMI, Presiding Officer

Dated the 30th day of January, 2014

INDUSTRIAL DISPUTE No. I.D. 70/2013

Between:

The President,

(Sri Bandari Satyanarayana)

Telangana Trade Union Council,

H.No. 5-295, Indra Nagar,

Opp. Bus Stand, Mancherial,

Adilabad Dist.-504208.

. . . .Petitioner

AND.

The General Manager,

M/s. Singareni Collieries Company Limited,

Bellampalli Area, Goleti Township (P.O.)

Adilabad Dist.-504292.

. . .Respondent

APPEARANCES:

For the Petitioner

:

NIL

For the Respondent :

M/s. P.A.V.V.S. Sarma &

V.S.V.S.R.K.S. Prasad, Advocates

AWARD

The Government of India, Ministry of Labour by its

order No. L-22012/75/2013-IR(CM-II) dated 8.7.2013

referred the following dispute between the management

of M/s. Singareni Collieries Company Ltd., and their

workman under section 10(1)(d) of the I.D. Act, 1947

for adjudication to this Tribunal. The reference is,

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 3] 2014@oS'kk[k 13] 1936

3437

SCHEDULE

"Whether the action of the management of General

Manager of M/s. Singareni Collieries Company

Ltd., Bellampalli Area, Goleti Township (P.O.),

Adilabad Distt., in terminating the services of Sri

Ratnam Venkati, Ex-General Mazdoor, Goleti-1,

SCCo Ltd., Bellampalli Area with effect from

21.5.2007 is justified or not? If not, to what relief

the applicant is entitled for?"

The reference is numbered in this Tribunal as I.D.

No. 70/2013 and notices were issued to the parties.

2. The case stands posted for filing of claim

statement and documents.

3. Petitioner called absent and there is no

representation. Inspite of receiving notice twice,

Petitioner is not appearing and taking interest in the

proceedings. In the circumstances, taking that Petitioner

got no claim to be made, 'Nil' award is passed.

Award passed accordingly. Transmit.

Typed to my dictation by Smt. P. Phani Gowri,

Personal Assistant, corrected by me on this the 30th day

of January, 2014.

M. VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence

Witnesses examined for the

Witnesses examined for

the

Petitioner

Respondent

NIL

NIL

Documents marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

ubZ fnYyh] 22 vizSy] 2014

dkñvkñ- 1311.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ,lñ lhñ lhñ

,yñ 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;] gSnjkckn ds iapkV lanHkZ la[;k ¼18@2013½

dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 22-04-2014 dks izkIr

gqvk FkkA

[lañ ,yñ&22012@202@2012&vkbZvkj ¼lhñ ,eñ&II½]

chñ,eñ iVuk;d] MsLd vf/kdkjh

New Delhi, the 22nd April, 2014

S.O. 1311.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 18/2013)

of the Central Government Industrial Tribunal-cum-Labour

Court Hyderabad as shown in the Annexure, in the industrial

dispute between the management of M/s. Singareni

Collieries Co. Ltd., and their workman, received by the

Central Government on 22.04.2014.

[No. L-22012/202/2012-IR(CM-II)]

B.M. PATNAIK, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT

HYDERABAD

PRESENT:

Smt. M. VIJAYA LAKSHMI, Presiding

Officer

Dated, the 19th day of March, 2014

Industrial Dispute No. I.D. 18/2013

Between:

The President,

(Sri Bandari Satyanarayana)

Telangana Trade Union Council,

H.No.- 5-295, Indra Nagar,

Opp. Bus Stand, Mancherial,

Adilabad Dist. - 504208

......... Petitioner

AND

The General Manager,

M/s. Singareni Collieries Company Limited,

Sreerampur Area, Sreerampur,

Adilabad Distt.-504303

......Respondent

APPEARANCES:

For the Petitioner

: NIL

For the Respondent

: M/s. P.A.V.V.S. Sarma &

Vijaya Lakshmi Panguluri,

Adovocates

AWARD

The Government of India, Ministry of Labour by its

order No. L-22012/202/2012-IR(CM-II) dated

30.11.2012 referred the following dispute between the

management of M/s. Singareni Collieries Company Ltd.,

and their workman under section 10(1)(d) of the I.D. Act,

1947 for adjudication to this Tibunal, The reference is :

3438

THE GAZETTE OF INDIA : MAY 3, 2014/VAISAKHA 13, 1936

[PART II—SEC. 3(ii)]

SCHEDULE

"Whether the action of the Chief General Manager,

M/s. Singareni Collieries Company Ltd.,

Sreerampur Area, Sreerampur, Adilabad District in

terminating the services of Shri Kotrangi Madhu,

Ex-Coal Filler, RK-8 Inc., SCCL, Sreerampur Area

with effect from 1.5.2005 is justified or not? To

what relief the applicant is entitled for?"

The reference is numbered in this Tribunal as I.D.

No. 18/2013 and notices were issued to the parties.

2. The case stand posted for filing of claim

statement and documents.

3. Petitioner called absent and there is no

representation. Claim statement not filed. Inspite of giving

fair opportunity again and again Petitioner is not taking

interest in the proceedings and is not making any claim.

In the circumstances, taking that there is no claim to be

made, 'Nil' award is passed.

Award passed accordingly. Transmit.

Typed to my dictation by Smt. P. Phani Gowari,

Personal Assistant, corrected by me on this the 19th day

of March, 2014.

M. VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence

Witnesses examined for the

Witnesses examined for

the Petitioner

Respondent

NIL

NIL

Documents marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

ubZ fnYyh] 22 vizSy] 2014

dkñvkñ 1312-&&vkS|ksfxd fookn vf/kfu;e 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ,lñlhñlhñ,yñ

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;] gSnjkckn ds iapkV ¼lanHkZ la[;k 20@2013½ dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 22@04@2014 dks izkIr gqvk FkkA

[lañ ,y&22012@208@2012&vkbZvkj¼lh,e&II]

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

New Delhi, the 22nd April, 2014

S.O. 1312.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 20/2013)

of the Central Government Industrial Tribunal/Labour

Court, Hyderabad as shown in the Annexure in the

industrial dispute between the management of M/s Singareni

Collieries Co. Ltd., and their workmen, received by the

Central Government on 22/04/2014.

[No. L-22012/208/2012-IR(CM-II]

B.M. PATNAIK, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVENRMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT

HYDERABAD

PRESENT:

Smt. M. VIJAYA LAKSHMI, Presiding

Officer

Dated, the 19th day of March, 2014

Industrial Dispute No. I.D. 20/2013

BETWEEN:

The President,

(Sri Bandari Satyanarayana)

Telangana Trade Union Council,

H.No.- 5-295, Indra Nagar,

Opp. Bus Stand, Mancherial,

Adilabad Dist. - 504208

......... Petitioner

AND

The General Manager,

M/s. Singareni Collieries Company Limited,

Bellampalli Area, Goleti Township,

Adilabad Distt.-504292

....Respondent

APPEARANCE:

For the Petitioner

:

Nil

For the Respondent

:

M/s P.A.V.V.S. Sarma & Vijaya

Lakhsmi

Panguluri,

Advocates

AWARD

The Government of India, Ministry of Labour by its

order No. L-22012/208/2012-IR(CM-II) Dated 4.12.2012

referred the following dispute between the management

of M/s. Singareni Collieries Company Ltd. and their

workman under section 10(1)(d) of the I.D. Act, 1947 for

adjudication to this Tribunal. The reference is :

SCHEDULE

“Whether the action of the Chief General Manager

of M/s. Singareni Collieries Company Ltd.,

Bellampally Area, Goleti Township , Adilabad

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 3] 2014@oS'kk[k 13] 1936

3439

District in disempanelling Shri Gajjeli Posham, Ex-

Coal Filler, MVK-5 Inc., SCCL, Bellampalli Area

with effect from 22.10.1999 is justified or not?

To what relief the applicant is entitled for?"

The reference is numbered in this Tribunal as I.D.

No. 20/2013 and notices were issued to the parties.

2. The case stands posted for filing of claim statement

and documents.

3. Petitioner called absent and there is no

representation. Claim statement not filed. Inspite of giving

fair opportunity again and again Petitioner is not taking

interest in the proceedings and is not making any claim. In

the circumstances, taking that there is no claim to be make,

'Nil' award is passed.

Award passed accordingly. Transmit.

Typed to my dictation by Smt. P. Phani Gowri,

Personal Assistant, corrected by me on this the 19th day of

March, 2014.

M. VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence

Witnesses examined for the Witnesses examined for

the

Petitioner

Respondent

NIL

NIL

Documents marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

ubZ fnYyh] 22 vizSy] 2014

dkñvkñ 1313.—vkS?kksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ,lñlhñlhñ,yñ

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; gSnjkckn ds iapkV ¼lanHkZ la[;k 21@2013½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 22@04@2014 dks izkIr gqvk FkkA

[lañ ,y&22012@209@2012&vkbZ vkj ¼lh,e II)]

chñ ,eñ iVuk;d] MsLd vf/kdkjh

New Delhi, the 22nd April, 2014

S.O. 1313.—In Pursuance of Section 17 of the

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

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

2013) of the Cent. Govt. Indus.Tribunal-cum-Labour Court,

Hyderabad as shown in the Annexure, in the industrial

dispute between the management of M/s. Singareni

Collieries Co. Ltd., and their workmen, which was received

by the Central Government on 22/04/2014.

[No. L-22012/209/2012-IR(CM-II)]

B. M. PATNAIK, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT

HYDERABAD

PRESENT:

SMT. M. VIJAYA LAKSHMI, Presiding

Officer

Dated the 19th day of March, 2014

INDUSTRIAL DISPUTE No. I. D. 21/2013

BETWEEN:

The President,

(Sri Bandari Satyanarayana)

Telangana Trade Union Council,

H.No.- 5-295, Indra Nagar,

Opp. Bus Stand, Mancherial,

Adilabad Dist. - 504208

......... Petitioner

AND

The General Manager,

M/s. Singareni Collieries Company Limited,

Bellampalli Area, Goleti Township,

Adilabad Distt.-504292

....Respondent

APPEARANCES :

For the Petitioner

:

Nil

For the Respondent

:

M/s. P.A.V.V.S. Sarma & Vijaya

Lakhsmi Panguluri, Advocates

AWARD

The Government of India, Ministry of Labour by its

order No. L-22012/209/2012-IR(CM-II) dated 4.12.2012

referred the following dispute between the management of

M/s. Singareni Collieries Company Ltd., and their workman

under section 10(1)(d) of the I.D. Act, 1947 for adjudication

to this Tribunal. The reference is,

SCHEDULE

Whether the action of the Chief General Manager,

M/s. Singareni Collieries Company Ltd.,

Bellampally Area, Goleti Township, Adilabad

District in disempanelling Shri Gattu Ramaiah, Ex-

3440

THE GAZETTE OF INDIA : MAY 3, 2014/VAISAKHA 13, 1936

[PART II—SEC. 3(ii)]

Badli Coal Filler, Goleti-1 Inc., SCCL, Bellampally Area

with effect from 14.5.2004 is justified or not? To what

relief the applicant is entitled for?''

The reference is numbered in this Tribunal as I.D.

No. 21/2013 and notices were issued to the parties.

2. The case stands posted for filling of claim

statement and documents.

3. Petitioner called absent and there is no

representation. Claim statement not filed. Inspite of giving

fair opportunity again and again Petitioner is not taking

interest in the proceedings and is not making any claim.

In the circumstances, taking that there is no claim to be

made, 'Nil' award is passed.

Award passed accordingly. Transmit.

Typed to my dictation by Smt. P. Phani Gowri,

Personal Assistant, corrected by me on this the 19th day

of March, 2014.

M. VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence

Witnesses examined for the

Withnesses examined for

the Petitioner

Respondent

NIL

NIL

Documents marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

ubZ fnYyh] 22 vizSy] 2014

dkñvkñ- 1314.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ,lñ lhñ lhñ

,yñ 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;] gSnjkckn ds iapkV ¼lanHkZ la[;k 29@2013½

dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 22@04@2014 dks izkIr

gqvk FkkA

[lañ ,y&22012@240@2012&vkbZvkj ¼lh ,e&II½ ]

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

New Delhi, the 22nd April, 2014

S.O. 1314.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 29/

2013) of the Cent. Govt. Indus. Tribunal-cum-Labour

Court, Hyderabad as shown in the Annexure, in the

industrial dispute between the management of M/s Singareni

Collieries Co. Limited, and their workmen, which was

received by the Central Government on 22/04/2014.

[No. L-22012/240/2012-IR(CM-II)]

B.M. PATNAIK, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

AT HYDERABAD

PRESENT:

SMT. M. VIJAYA LAKSHMI, Presiding

Officer

Dated the 1st day of January, 2014

INDUSTRIAL DISPUTE No. I. D. 29/2013

BETWEEN:

The President,

(Sri Bandari Satyanarayana)

Telangana Trade Union Council,

H. No.- 5-295, Indra Nagar,

Opp. Bus Stand, Mancherial,

Adilabad Dist. - 504208

......... Petitioner

AND

The General Manager,

M/s. Singareni Collieries Company Limited,

Mandamarri Area,

Mandamarri - 504 231

Adilabad Distt.

...........Respondent

APPEARANCES:

For the Petitioner

: Nil

For the Respondent

: M/s. P. A.V.V.S. Sarma &

Vijaya Lakshmi Panguluri,

Advocates

AWARD

‘‘The Government of India, Ministry of Labour by its

order No. L-22012/240/2012-IR(CM-II) dated 11.2.2013

referred the following dispute between the management of

M/s. Singareni Collieries Company Ltd., and their workman

under section 10(1)(d) of the I.D. Act, 1947 for adjudication

to this Tribunal. The reference is,

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 3] 2014@oS'kk[k 13] 1936

3441

SCHEDULE

‘‘Whether the action of the management of General

Manager of M/s. Singareni Collieries Company Ltd.,

Mandamarri Area, Mandamarri Adilabad District in

terminating the service of Sri Bhoopelli Sagar, Ex-

Coal Filler, KK-1 Inc., SCCL, Mandamarri Area with

effect from 20.8.1999 is justified or not? If not, to

what relief the applicant is entitled for?"

The reference is numbered is this Tribunal as I.D.

No. 29/2013 and notices were issued to the parties.

2. The case stands posted for filing of claim

statement and documents.

3. Petitioner called absent and there is no

representation. Inspite of giving notice time and again

Petitioner is not appearing and taking interest in the

proceedings. In the circumstances, taking that Petitioner

got no claim to be made, 'Nil' award is passed.

Award passed accordingly. Transmit.

Typed to my dictation by Smt. P. Phani Gowri,

Personal Assistant, corrected by me on this the 1st day of

January, 2014.

M. VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence

Witnesses examined for the

Witnesses examined for the

Petitioner

Respondent

NIL

NIL

Documents marked for the Petitoner

NIL

Documents marked for the Petitoner

NIL

ubZ fnYyh] 22 vizSy] 2014

dkñvkñ-1315.—vkS|ksfxd fookn vf/kfu;e] 1947] ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUæh; ljdkj ,lñlhñlhñ,yñ

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;] gSnjkckn ds iapkV ¼lanHkZ la[;k 30@2013½

dks izdkf'kr djrh gS] tks dsUæh; ljdkj dks 22-04-2014 dks izkIr

gqvk FkkA

[lañ ,y&22012@241@2012&vkbZvkj ¼lh,e&II½]

chñ ,eñ iVuk;d] MsLd vf/kdkjh

New Delhi, the 22nd April, 2014

S.O. 1315.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 30/

2013) of the Central Government Industrial Tribunal-cum-

Labour Court, Hyderabad as shown in the Annexure, in

the Industrial Dispute between the management of M/s

Singareni Collieries Co. Limited, and their workman, which

was received by the Central Government on 22.04.2014.

[No. L-22012/241/2012-IR(CM-II)]

B.M. PATNAIK, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT

HYDERABAD

PRESENT:

SMT. M. VIJAYA LAKSHMI, Presiding

Officer

Dated the 1st day of January, 2014

INDUSTRIAL DISPUTE No. I. D. 30/2013

BETWEEN:

The President,

(Sri Bandari Satyanarayana)

Telangana Trade Union Council,

H.No.- 5-295, Indra Nagar,

Opp. Bus Stand, Mancherial,

Adilabad Dist. - 504208

......... Petitioner

AND

The General Manager,

M/s. Singareni Collieries Company Limited,

Mandamarri Area,

Mandamarri- 504 231

Anilabad Distt.

...... Respondent

APPEARANCES:

For the Petitioner : NIL

For the Respondent

:M/s. P.A.V.V.S Sarma & Vijaya

Lakshmi Panguluri, Advocates

AWARD

The Government of India, Ministry of Labour by its

order No. L-22012/241/2012-IR (CM-II) dated

11.2.2013 referred the following dispute between the

management of M/s. Singareni Collieries Company Ltd.,

and their workman under section 10(1)(d) of the I.D. Act,

1947 for adjudication to this Tribunal. The referene is,

3442

THE GAZETTE OF INDIA : MAY 3, 2014/VAISAKHA 13, 1936

[PART II—SEC. 3(ii)]

SCHEDULE

"Whether the action of the Chief General Manager

of M/s. Singareni Collieries Company Ltd.,

Mandamarri Area, Mandamarri, Adilabad District in

terminating the services of Sri Gogu Lingaiah, Ex-

Coal Filler, MK-4 Inc., SCCL, Mandamarri Area

with effect from 29.1.1998 is justified or not? If

not, to what relief the applicant is entitled for?"

The reference is numbered in this Tribunal as I.D.

No. 30/2013 and notices were issued to the parties.

2. The case stands posted for filing of claim

statement and documents.

3. Petitioner called absent and there is no

representation. Inspite of giving notice time and again

Petitioner is not appearing and taking interest in the

proceedings. In the circumstances, taking the Petitioner

got no claim to be made, 'Nil' award is passed.

Award passed accordingly. Transmit.

Typed to my dictation by Smt. P. Phani Gowri,

Personal Assistant, corrected by me on this the 1st day of

January, 2014.

M. VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence

Witnesses examined for the

Witnesses examined for

the

Petitioner

Respondent

NIL

NIL

Documents marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

ubZ fnYyh] 22 vizSy] 2014

dkñvkñ 1316.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ,lñlhñlhñ,yñ

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; gSnjkckn ds iapkV ¼lanHkZ la[;k 31@2013½ izdkf'kr djrh

gS tks dsUnzh; ljdkj dks 22@04@2014 dks izkIr gqvk FkkA

[lañ ,y&22012@242@2012&vkbZvkj ¼lh,e&II½]

chñ,eñ iVuk;d] MsLd vfèdkjh

New Delhi, the 22nd April, 2014

S.O. 1316.—n pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No.

31/2013) of the Cent. Govt. Indus. Tribunal-cum-Labour

Court, Hyderabad as shown in the Annexure in the

Industrial dispute between the management of M/s.

Singareni Collieries Co. Limited, and their workman, which

was received by the Central Government on 22/04/2014.

[No. L-22012/242/2012-IR(CM-II)]

B.M. PATNAIK, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT

HYDERABAD

PRESENT :

SMT. M. VIJAYA LAKSHMI,

Presiding Officer

Dated the 1st day of January, 2014

INDUSTRIAL DISPUTE No. I. D. 31/2013

BETWEEN:

The President,

(Sri Bandari Satyanarayana)

Telangana Trade Union Council,

H. No.- 5-295, Indra Nagar,

Opp. Bus Stand, Mancherial,

Adilabad Dist. - 504208

......... Petitioner

AND

The General Manager,

M/s. Singareni Collieries Company Limited,

Mandamarri Area, Mandamarri-504 231

Adilabad Distt.

....Respondent

APPEARANCES :

For the Petitioner

:

NIL

For the Respondent

:

NIL

AWARD

The Government of India, Ministry of Labour by its

order No. L-22012/242/2012-IR(CM-II) dated 11.2.2013

referred the following dispute between the management of

M/s. Singareni Collieries Company Ltd., and their workman

under section 10(1)(d) of the I.D. Act, 1947 for adjudication

to this Tribunal. The reference is,

SCHEDULE

‘‘Whether the action of the management of

General Manager of M/s. Singareni Collieries

Company Ltd., Mandamarri Area, Mandamarri, Adilabad

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 3] 2014@oS'kk[k 13] 1936

3443

District in terminating the services of Sri Kotte

Jayakar, Ex-Coal Filler, KK-5 Inc., SCCL, Mandamarri

Area with effect from 30.7.2001 is justified or not? If

not, to what relief the applicant is entitled for?"

The reference is numbered in this Tribunal as I.D.

31/2013 and notices were issued to the parties.

2. The case stands posted for filing of claim statement

and documents.

3. Petitioner called absent and there is no

representation. Inspite of giving notice time and again

Petitioner is not appearing and taking interest in the

proceedings. In the circumstances, taking that Petitioner

got no claim to be made, 'Nil' award is passed.

Award passed accordingly. Transmit.

Typed to my dictation by Smt. P. Phani Gowri,

Personal Assistant, corrected by me on this the 1st day of

January, 2014.

M. VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence

Witnesses examined for the

Witnesses examined for the

Petitioner

Respondent

NIL

NIL

Documents marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

ubZ fnYyh] 22 vizSy] 2014

dkñvkñ 1317.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ,lñ lhñ lhñ

,yñ 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;] gSnjkckn ds iapkV ¼lanHkZ la[;k 32@2013½

dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 22@04@2014 dks izkIr

gqvk FkkA

[lañ ,y&22012@243@2012&vkbZ vkj ¼lh ,e&II)]

chñ,eñ iVuk;d MsLd vf/kdkjh

New Delhi, the 22nd April, 2014

S.O. 1317.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 32/2013) of

the Cent.Govt.Indus.Tribunal-Cum-Labour Court,

Hyderabad as shown in the Annexure, in the industrial

dispute between the management of M/s Singareni

Collieries Co. Limited, and their workmen, which was

received by the Central Government on 22/04/2014.

[No. L-22012/243/2012-IR (CM-II)]

B.M. PATNAIK, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT

HYDERABAD

PRESENT:

SMT. M. VIJAYA LAKSHMI, Presiding Officer

Dated the 1st day of January, 2014

INDUSTRIAL DISPUTE No. I. D. 32/2013

BETWEEN:

The President,

(Sri Bandari Satyanarayana)

Telangana Trade Union Council,

H.No.- 5-295, Indra Nagar,

Opp. Bus Stand, Mancherial,

Adilabad Dist. - 504208

..... Petitioner

AND

The General Manager,

M/s. Singareni Collieries Company Limited,

Mandamarri Area,

Mandamarri-504 231

Adilabad Distt.

....Respondent

APPEARANCES:

For the Petitioner

:

NIL

For the Respondent

:

M/S. P.A.V.V. S. Sarma & Vijaya

Lakshmi Panguluri, Advocates

AWARD

The Government of India, Ministry of Labour by its

order No. L-22012/243/2012-IR (CM-II) dated

19.2.2013 referred the following dispute between the

management of M/s. Singareni Collieries Company Ltd.,

and their workman under section 10(1) (d) of the I.D. Act,

1947 for adjudication to this Tribunal. The reference is,

SCHEDULE

"Whether the action the management of General

Manager of M/s. Singareni Collieries Company

Ltd., Mandamarri Area, Mandamarri, Adilabad

3444

THE GAZETTE OF INDIA : MAY 3, 2014/VAISAKHA 13, 1936

[PART II—SEC. 3(ii)]

District in Terminating the services of Shri Ratnam

Ramaswamy, Ex-Badli Coal Filler, KK-5A Inc., SCCL,

Mandamarri Area with effect from 5.3.2003 is justified

or not? If not, to what relief the applicant is entitled

for?’’

The reference is numbered in this Tribunal as I.D.

No. 32/2013 and notices were issued to the parties.

2. The Case stands posted for filing of claim

statement and documents.

3. Petitioner called absent and there is no

representation. Inspite of giving notice time and again

Petitioner is not appearing and taking interest in the

Proceedings. In the circumstances, taking the Petitioner

got no claim to be made, 'Nil' award is passed.

Award passed accordingly. Transmit.

Typed to my dictation by Smt. P. Phani Gowri,

Personal Assistant, corrected by me on this the 1st day of

January, 2014.

M. VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence

Witnesses examined for the

Witnesses examined for the

Petitioner

Respondent

NIL

NIL

Documents Marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

ubZ fnYyh] 22 vizSy] 2014

dkñvkñ- 1318.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ,lñlhñlhñ,yñ

ds izcaèra= ds laca) fu;kstdksa vkSj muds deZdkjksa ds chp]

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

vf/kdj.k@Je U;k;ky;] gSnjkckn ds iapkV ¼lanHkZ la[;k 33@2013½

dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 22@04@2014 dks izkIr

gqvk FkkA

[lañ ,yñ&22012@245@2012&vkbZvkj ¼lh,e&II½]

chñ,eñ iVuk;d] MsLd vfèdkjh

New Delhi, the 22nd April, 2014

S.O. 1318.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 33/

2013) of the Central Govt. Indus. Tribunal-cum Labour

Court, Hyderabad as shown in the Annexure, in the

industrial dispute between the management of M/s Singareni

Collieries Co. Limited, and their workmen, which was

received by the Central Government on 22/04/2014.

[No. L-22012/245/2012-IR(CM-II)]

B. M. PATNAIK, Desk Officer.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM LABOUR COURT AT

HYDERABD

PRESENT: SMT. M. VIJAYA LAKSHMI, Presiding Officer

Dated the 1st day of January, 2014

INDUSTRIAL DISPUTE NO. I. D. 33/2013

BETWEEN:

The President,

(Sri Bandari Satyanarayana)

Telangana Trade Union Council,

H.No.- 5-295, Indra Nagar,

Opp. Bus Stand, Mancherial,

Adilabad Dist. - 504208

... Petitioner

AND

The General Manager,

M/s. Singareni Collieries Company Limited,

Mandamarri Area,

Mandamarri-504 231

Adilabad Distt.

...Respondent

APPEARANCES:

For the Petitioner

:

NIL

For the Respondent

:

M/S. P.A.V.V.S. Sarma & Vijaya

Lakshmi Panguluri, Advocates

AWARD

The Government of India, Ministry of Labour by its

order No. L-22012/245/2012-IR(CM-II) dated 19.2.2013

referred the following dispute between the management of

M/s. Singareni Collieries Company Ltd., and their workman

under section 10 (1) (d) of the I.D. Act, 1947 for

adjudication to this Tribunal. The reference is,

SCHEDULE

‘‘Whether the action the management of General

Manager of M/s. Singareni Collieries Company

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 3] 2014@oS'kk[k 13] 1936

3445

Ltd., Mandamarri Area, Mandamarri, Adilabad

District in terminating the services of Sri

Thungapindi Balaiah, Ex-Coal Filler, MK-4 Inc., SCCL,

Mandamarri Area with effect from 19.2.2003 is justified

or not? If not, to what relief the applicant is entitled

for?’’

The reference is numbered in this Tribunal as I.D.

No. 33/2013 and notices were issued to the parties.

2. The case stands posted for filling of claim

statement and documents.

3. Petitioner called absent and there is no

representation. In spite of giving notice time and again

Petitioner is not appearing and taking interest in the

proceedings. In the circumstances, taking that Petitioner

got no claim to be made, 'Nil' award is passed.

Award passed accordingly. Transmit.

Typed to my dictation by Smt. P. Phani Gowri,

Personal Assistant, corrected by me on this the 1st day of

January, 2014.

M. VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence

Witnesses examined for the

Witnesses examined for the

Petitioner

Respondent

NIL

NIL

Documents Marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

ubZ fnYyh] 22 vizSy] 2014

dkñvkñ 1319-—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa ] dsUnzh; ljdkj ,lñlhñlhñ,yñ

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;] gSnjkckn ds iapkV ¼lanHkZ la[;k 60@2012½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 22@04@2014 dks izkIr gqvk FkkA

[lañ ,y&22012@117@2012&vkbZ vkj ¼lh,e&II½]

chñ,eñ iVuk;d] MsLd vfèdkjh

New Delhi, the 22nd April, 2014

S.O.1319.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No.60/2012)

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

Hyderabad as shown in the Annexure in the Industrial

dispute between the management of M/s. Singareni

Collieries Co. Limited, and their workman, received by the

Central Government on 22/04/2014.

[No. L-22012/117/2012-IR(CM-II)]

B.M. PATNAIK, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT

HYDERABAD

PRESENT: SMT. M. VIJAYA LAKSHMI, PresidingOfficer

Dated the 1st day of January, 2014

INDUSTRIAL DISPUTE No. I. D. 60/2012

BETWEEN:

The President,

(Sri Bandari Satyanarayana)

Telangana Trade Union Council,

H.No.- 5-295, Indra Nagar,

Opp. Bus Stand, Mancherial,

Adilabad Dist. - 504208

... Petitioner

AND

The General Manager,

M/s. Singareni Collieries Company Limited,

Bellampalli Area, Goletic Township,

Adilabad Distt.

Andhra Pradesh

...Respondent

APPEARANCE:

For the Petitioner

:

NIL

For the Respondent

:

M/s. P.A.V.V.S. Sarma & Vijaya

Lakshmi Panguluri, Advocates

AWARD

The Government of India, Ministry of Labour by its

order No. L-22012/117/2012-1R(CM-II) dated 26.9.2012

referred the following dispute between the management of

M/s. Singareni Collieries Company Ltd., and their workman

under section 10(1)(d) of the I.D. Act, 1947 for adjudication

to this Tribunal. The reference is,

SCHEDULE

"Whether the action the management of the Chief

General Manager of M/s. Singareni Collieries

Company Ltd., Bellampally Area, Goleti Township,

3446

THE GAZETTE OF INDIA : MAY 3, 2014/VAISAKHA 13, 1936

[PART II—SEC. 3(ii)]

Adilabad District in terminating the services of Sri

Akkpaka Laxminarayana, Ex-Badli, Filler, MVK-6 Inc.,

Bellampalli Area with effect from 22.5.2001 is justified

or not? To what relief the applicant is entitled for?"

The reference is numbered in this Tribunal as I.D.

No. 60/2012 and notices were issued to the parties.

2. The case stands posted for filing of claim statement

and documents.

3. Petitioner called absent and there is no

representation. In spite of giving notice time and again

Petitioner is not appearing and taking interest in the

proceedings. In the circumstances, taking that Petitioner

got no claim to be made, 'Nil' award is passed.

Award passed accordingly. Transmit.

Typed to my dictation by Smt. P. Phani Gowri,

Personal Assistant, corrected by me on this the 1st day of

January, 2014.

M. VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence

Witnesses examined for the

Witnesses examined for the

Petitioner

Respondent

NIL

NIL

Documents Marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

ubZ fnYyh] 22 vizSy] 2014

dkñvkñ 1320-&&vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ,lñ lhñ lhñ

,yñ 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;] gSnjkckn ds iapkV ¼lanHkZ la[;k 69@2013½

dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 22@04@2014 dks izkIr

gqvk FkkA

[lañ ,y&22012@62@2013&vkbZ vkj ¼lh ,e&II½]

chñ,eñ iVuk;d] MsLd vf/kdkjh]

New Delhi, the 22nd April, 2014

S.O. 1320.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 69/2013 )of

the Cent. Govt. Indus. Tribunal-cum-Labour Court,

Hyderabad as shown in the Annexure, in the industrial

dispute between the management of M/s. Singareni

Colleries Co. Ltd., and their workmen, which was received

by the Central Government on 22/04/2014.

[L-No. 22012/62/2013-IR (CM-II)]

B.M. PATNAIK, Desk Officer.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT

HYDERABAD

PRESENT: SMT. M. VIJAYA LAKSHMI, Presiding Officer

Dated the 30th day of January, 2014

INDUSTRIAL DISPUTE No. I.D. 69/2013

BETWEEN:

The President,

(Sri Bandari Satyanarayana)

Telangana Trade Union Council,

H.No.- 5-295, Indra Nagar,

Opp. Bus Stand, Mancherial,

Adilabad Dist. - 504208

.... Petitioner

AND

The General Manager,

M/s. Singareni Collieries Company Limited,

Bellampalli Area, Goleti Township (P.O.)

Adilabad Dist.-504292.

....Respondent

APPEARANCE:

For the Petitioner

:

NIL

For the Respondent

:

M/S. P.A.V.V.S. Sarma &

V.S.V. S.R. K.S. Prasad,

Advocates

AWARD

The Government of India, Ministry of Labour by its

order No. L-22012/62/2013-IR(CM-II) dated 8.7.2013 referred

the following dispute between the management of M/s.

Singareni Colleries Company Ltd., and their workman

under section 10(1)(d) of the I.D. Act, 1947 for

adjudication to this Tribunal. The reference is,

SCHEDULE

‘‘Whether the action the management of General

Manager of M/s. Singareni Colleries Company Ltd.,

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 3] 2014@oS'kk[k 13] 1936

3447

Bellampalli Area, Goleti Township (P.O.), Adilabad

Distt., in terminating the services of Sri Dubbaka

Govinda Raju, Ex-Badli Filler, Goleti-2 Inc., SCCo. Ltd.,

Bellampalli Area with effect from 28.8.1993 is justified

or not? If not, to what relief the applicant is entitled

for?"

The reference is numbered in this Tribunal as I.D.

No. 69/2013 and notices were issued to the parties.

2. The case stands posted for filing of claim statement

and documents.

3. Petitioner called absent and there is no

representation. Inspite of receiving notice twice,

Petitioner is not appearing and taking interest in the

proceedings. In the circumstances, taking that Petitioner

got no claim to be made, 'Nil' award is passed.

Award passed accodingly. Transmit.

Typed to my dictation by Smt. P. Phani Gowri,

Personal Assistant, corrected by me on this the 30th day

of January, 2014.

M. VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence

Witnesses examined for the

Witnesses examined forthe

Petitioner

Respondent

NIL

NIL

Documents Marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

ubZ fnYyh] 22 vizSy] 2014

dkñvkñ 1321-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ,lñlhñlhñ,yñ

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;] gSnjkckn ds iapkV ¼lanHkZ la[;k 71@2013½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 22@04@2014 dks izkIR gqvk FkkA

[lañ ,y&22012@63@2013&vkbZ vkj ¼lh ,e&II½]

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

New Delhi, the 22nd April, 2014

S.O. 1321.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No.71/2013)

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

Hyderabad as shown in the Annexure, in the industrial

dispute between the management of M/s. Singareni

Colleries Co. Ltd., and their workmen, which was received

by the Central Government on 22/04/2014.

[No. L-22012/63/2013- IR (CM-II)]

B.M. PATNAIK, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT

HYDERABAD

PRESENTS: SMT. M. VIJAYA LAKSHMI, Presiding Officer

Dated the 30th day of January, 2014

INDUSTRIAL DISPUTE NO. I.D. 71/2013

BETWEEN:

The President,

(Sri Bandari Satyanarayana)

Telangana Trade Union Council,

H. No.- 5-295, Indra Nagar,

Opp. Bus Stand, Mancherial,

Adilabad Dist. - 504208

.... Petitioner

AND

The General Manager,

M/s. Singareni Collieries Company Limited,

Bellampalli Area, Goleti Township, (P.O.)

Adilabad Distt.-504292

...Respondent

APPEARANCES:

For the Petitioner

:

Nil

For the Respondent

:

M/s P.A.V.V.S. Sarma &

V.S.R. S.R. K.S. Prasad,

Advocates

AWARD

The Government of India, Ministry of Labour by its

order No. L-22012/63/2013-IR(CM-II) dated 5.7. 2013

referred the following dispute between the management

of M/s Singareni Collieries Company Ltd., and their

workman under section 10(1)(d) of the I.D. Act, 1947

for adjudication to this Tribunal. The reference is,

3448

THE GAZETTE OF INDIA : MAY 3, 2014/VAISAKHA 13, 1936

[PART II—SEC. 3(ii)]

SCHEDULE

“Whether the action the management of General

Manager of M/s. Singareni Collieries Company Ltd.,

Bellampalli Area, Goleti Township (P.O.). Adilabad

Distt., in terminating the services of Sri Daki Mallaiah,

Ex-Coal Filler, MVK-5, Inc. SCCo. Ltd., Bellampalli

Area with effect from 23.5.2001 is justified or not? If

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

The reference is numbered in this Tribunal as I.D.

No. 71/2013 and notices were issued to the parties.

2. The case stands posted for filing of claim

statement and documents.

3. Petitioner called absent and there is no

representation. Inspite of receiving notice twice, Petitioner

is not appearing and taking interest in the proceedings. In

the circumstances, taking that Petitioner got no claim to be

made. ‘Nil’ award is passed.

Award passed accordingly. Transmit.

Typed to my dictation by Smt. P. Phani Gowri,

Personal Assistant, corrected by me on this the 30th day

of January, 2014.

M. VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence

Witnesses examined for the

Witnesses examined for the

Petitioner

Respondent

NIL

NIL

Documents Marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

ubZ fnYyh] 22 vizSy] 2014

dkñvkñ 1322-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ,lñlhñlhñ,yñ

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;] gSnjkckn ds iapkV ¼lanHkZ la[;k 72@2013½ dks izdkf'kr

djrh gS ] tks dsUnzh; ljdkj dks 22@04@2014 dks izkIr gqvk FkkA

[lañ ,y&22012@48@2013&vkbZvkj ¼lh-,e-&II½]

ch- ,e- iVuk;d] MsLd vfèdkjh

New Delhi, the 22nd April, 2014

S.O.1322.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 72/2013)

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

Hyderabad as shown in the Annexure, in the Industrial

dispute between the management of M/s. Singareni

Collieries Co. Limited, and their workman, which was

received

by

the

Central

Government

on

22/04/2014.

[No. L-22012/48/2013-IR(CM-II)]

B.M. PATNAIK, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT

HYDERABAD

PRESENT: SMT. M. VIJAYA LAKSHMI, Presiding Officer

Dated the 30th day of March, 2014

INDUSTRIAL DISPUTE NO. I.D. 72/2013

BETWEEN:

The President,

(Sri Bandari Satyanarayana)

Telangana Trade Union Council,

H. No.- 5-295, Indra Nagar,

Opp. Bus Stand, Mancherial,

Adilabad Dist. - 504208

... Petitioner

AND

The General Manager,

M/s. Singareni Collieries Company Limited,

Ramagundam-I Area, Godavarikhani

Karimnagar Distt.-505209.

...Respondent

APPEARANCES :

For the Petitioner

:

NIL

For the Respondent

:

M/s P.A.V.V.S. Sarma &

Vijaya Lakhsmi Panguluri,

Advocates

AWARD

The Government of India, Ministry of Labour by its

order No. L-22012/48/2013-1R(CM-II) dated 8.7.2013

referred the following dispute between the management

of M/s. Singareni Collieries Company Ltd., and their

workman under section 10(1)(d) of the I.D. Act, 1947

for adjudication to this Tribunal. The reference is,

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 3] 2014@oS'kk[k 13] 1936

3449

SCHEDULE

"Whether the action the management of General

Manager of M/s. Singareni Collieries Company Ltd.,

Ramagundam-I Area, Godavarikhani, Karimnagar

Distt., in terminating the services of Sri Manda

Rajamouli, Ex-CF, GDK-6B Inc., SCCo. Ltd.,

Ramagundam-I Area, Godavarikhani with effect from

31.3.2004 is justified or not? If not, to what relief the

applicant is entitled for?"

The reference is numbered in this Tribunal as I.D. 72/

2013 and notices were issued to the parties.

2. The case stands posted for filing of claim statement

and documents.

3. Petitioner called absent and there is no

representation. Inspite of receiving notice twice Petitioner

is not appearing and taking interest in the proceedings. In

the circumstances, taking that Petitioner got no claim to

be made, 'Nil' award is passed.

Award passed accordingly. Transmit.

Typed to my dictation by Smt. P. Phani Gowri,

Personal Assistant, corrected by me on this the 30th day

of January, 2014.

M. VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence

Witnesses examined for

Witnesses examined for the

the Petitioner

Respondent

NIL

NIL

Documents Marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

ubZ fnYyh] 22 vizSy] 2014

dkñvkñ- 1323-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ,lñlhñlhñ,yñ

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;] gSnjkckn ds iapkV ¼lanHkZ la[;k 74@2013½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 22@04@2014 dks izkIr gqvk FkkA

[lañ ,y-22012/81/2013-vkbZvkj (lh,e-II)]

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

New Delhi, the 22nd April, 2014

S.O.1323.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 74/2013)

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

Hyderabad as shown in the Annexure, in the industrial

dispute between the management of M/s. Singareni

Colleries Co. Ltd., and their workmen, which was received

by the Central Government on 22/04/2014.

[No. L-22012/81/2013-IR(CM-II]

B.M.PATNAIK, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

AT HYDERABAD

PRESENT: Smt. M. VIJAYA LAKSHMI, Presiding Officer

Dated the 30th day of January, 2014

INDUSTRIAL DISPUTE NO. I.D. 74/2013

BETWEEN:

The President,

(Sri Bandari Satyanarayana)

Telangana Trade Union Council,

H. No.- 5-295, Indra Nagar,

Opp. Bus Stand, Mancherial,

Adilabad Distt. - 504208

..... Petitioner

AND

The General Manager,

M/s. Singareni Collieries Company Limited,

Bellampalli Area, Goleti Township, (P.O.)

Adilabad Distt.-504292

....Respondent

APPEARANCES:

For the Petitioner

:

NIL

For the Respondent

:

M/s P.A.V.V.S. Sarma &

Vijaya

Lakhsmi Panguluri,

Advocates

AWARD

The Government of India, Ministry of Labour by its

order No. L-22012/81/2013-IR(CM-II) dated 8.7.2013

referred the following dispute between the management

of M/s. Singareni Collieries Company Ltd., and their

workman under section 10(1)(d) of the I.D. Act, 1947

for adjudication to this Tribunal. The reference is,

3450

THE GAZETTE OF INDIA : MAY 3, 2014/VAISAKHA 13, 1936

[PART II—SEC. 3(ii)]

SCHEDULE

“Whether the action the management of General

Manager of M/s. Singareni Collieries Company Ltd.,

Bellampalli Area, Goleti Township (P.O.), Adilabad

Distt., in terminating the services of Sri Visakha

Bhimaiah, Ex-Coal Filler, Goleti-I Inc., SCCo Ltd.,

Bellampalli, Area with effect from 23.8.2000 is justified

or not? If not, to what relief the applicant is entitled

for?"

The reference is numbered in this Tribunal as I.D.

No. 74/2013 and notices were issued to the parties.

2. The case stands posted for filing of claim statement

and documents.

3. Petitioner called absent and there is no

representation. Inspite of receiving notice twice,

Petitioner is not appearing and taking interest in the

proceedings. In the circumstances, taking that Petitioner

got no claim to be made, “Nil” award is passed.

Award passed accordingly. Transmit.

Typed to my dictation by Smt. P. Phani Gowri,

Personal Assistant, corrected by me on this the 30th day

of January, 2014.

M. VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence

Witnesses examined for the

Witnesses examined for the

Petitioner

Respondent

NIL

NIL

Documents Marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

ubZ fnYyh] 22 vizSy] 2014

dkñvkñ-1324-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k es] dsUnzh; ljdkj ,lñlhñlhñ,yñ

ds izca/kura= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp]

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

vf/kdj.k@Je U;k;ky;] gSnjkckn ds iapkV ¼lanHkZ la[;k 73@2002½

dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 22@04@2014 dks izkIr

gqvk FkkA

[lañ ,y&22013@1@2014&vkbZvkj ¼lh,e&II½]

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

New Delhi, the 22nd April, 2014

S.O. 1324.—In pursuance of Section 17 of the

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

Government hereby publishes the Award Ref. 73/2002 of

the Cent.Govt.Indus.Tribunal-cum-Labour Court,

Hyderabad as shown in the Annexure, in the industrial

dispute between the management of M/s. Singareni

Colleries Co. Ltd., and their workmen, which was received

by the Central Government on 22/04/2014.

[No. L-22013/1/2014-IR(CM-II)]

B.M. PATNAIK, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

AT HYDERABAD

PRESENT: Smt. M. VIJAYA LAKSHMI, Presiding Officer

Dated the 13th day of February, 2014

INDUSTRIAL DISPUTE NO. I.D. 73/2002

BETWEEN:

Sri Banoth Lakhiya,

S/o Ravilya,

C/o Sri K. Vasudeva Reddy,

4-5-592, Near Badichowdi,

Vegetable Market, Kutbiguda,

Hyderabad-27.

...Petitioner

AND

1.

The General Manager, (Projects),

M/s. Singareni Collieries Company Limited,

Yellandu Area, Khammam District.

2.

The Superintendent of Mines,

M/s. Singareni Collieries Company Limited,

21-Incl., Yellandu Area, Khammam

District

....Respondents

APPEARANCES:

For the Petitioner

:

M/s. K. Vasudeva Reddy and

V. Sreeramulu, Advocates

For the Respondent

:

M/s. P.A.V.V.S. Sarma and

Vijaya Lakhsmi Panguluri,

Advocates

AWARD

Sri Banoth Lakhiya, the workman has filed this

petition invoking Sec. 2A(2) of Industrial Disputes Act,

1947 seeking for setting aside the impugned officer order

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 3] 2014@oS'kk[k 13] 1936

3451

No. YCP 27/1923 dated 27.6.2001 issued by the 1st

Respondent consequently directing the Respondents to

reinstate the Petitioner duly granting all other consequential

benefits.

2. The Averments made in the petition in brief are as

follows:

Petitioner was appointed in the Respondent company

in 1983 and his services were regularised and he was

designated as general mazdoor. He was regular and attentive

to his service upto 1997. Thereafter owing to some family

troubles Petitioner suffered chronic Schizophrenia a mental

disease. During the year 2000 he did not attend for duties

due to the said problem. Though he used to be present in

the mine premises being in a mentally disturbed state, used

to roam here and there aimlessly. He mental imbalanced

health is a fact known to the workers and the Management.

He was referred to the institute of mentally handicapped,

Hyderabad on 14.12.2000 by the authorities of the 1st

Respondent company. He was under continuous treatment

till 22.4.2001. Thereafter he was referred to the 1st

Respondent company's main hospital, Kothagudem for

examination by a psychiatrist. After examining him there

the medical authorities referred him to the Government

Mental Hospital, Hyderabad during the month of May,

2001. After he was treated in the said hospital, he became

normal. At one point of time proposals were mooted, to

declare the Petitioner as unfit but keeping those proposals

pending a chargesheet dated 23.1.2002 was issued

alleging absenteeism without leave or without sufficient

cause from 1.1.2000 to 31.12.2000. Basing on the above

charge sheet an enquiry seems to have been conducted. It

appears that basing on the said chargesheet an enquiry was

conducted as the Petitioner was mentally disturbed

suffering with chronic Schizophrenia he could not

participate in the enquiry effectively. Neither the contents

of the chargesheet nor the proceedings of the enquiry have

been explained to the Petitioner. Simply his thumb

impression was taken. He was not in a position to

understand the proceeding. Issuance of chargesheet and

conducting of the enquiry proceedings while the

Petitioner was suffering from chronic Schizophrenia

disease, is nothing but the pre-determined notion of the

Respondent to dismiss the Petitioner from services.

Basing on the above said enquiry proceedings the

impugned order dated 27.6.2001 was issued dismissing

the Petitioner from services with effect from 28.6.2001

which is totally illegal and arbitrary. If the enquiry was

conducted after Petitioner recovered from the ailment

and by giving the opportunity to understand the

proceedings to participate in the same and to cross

examine the witnesses. The impugned order could have

been averted. Taking advantage of the ill-health and

illiteracy and ignorance of procedural aspects, of Petitioner

the Management examined irrelevant witnesses, basing on

the statement of those witnesses Enquiry Officer has came

to perverse conclusion. Petitioner was not supplied with

several documents which were relied upon by the Presinting

Officer. Before issuing the impugned order approval of

competent authority had to be taken but no such approval

has been taken. The absenteeism espically due to mental

ill-health is not a grave and serious charge. The punishment

of dismissal from service can be imposed only in case of

grave and serious charges. Thus, such punishment imposed

is untenable. The past service of the Petitioner though was

not part of the chargesheet was considered during the

course of enquiry to arrive at the conclusions. Thus, the

findings of the Enquiry Officer are outside the scope of

the charges and thus perverse. As the Petitioner has

recovered from mental illness he could have been

permitted to continue in service instead he was imposed

punishment of dismissal from service. Petitioner is the

only earning member of the family as the result of the

dismissal from service all the members of his family

would be put to hardship. Even after the conclusion of the

enquiry proceedings apart from the time during the

enquiry Petitioner was suffering mental illness. He was

referred to Main Hospital, Kothagudem and then the

Government Mental Hospital, Hyderabad. Further

Petitioner's wife and son have submitted several

representations bringing to the notice of the authorities

of 1st Respondent about the mental ill-health of the

Petitioner. Many news papers also reported about it.

Despite of it, enquiry was conducted and Petitioner was

removed from service. The same is contrary to the

provisions of Standing Orders and circulars issued by the

1st Respondent and illegal and arbitrary. Petitioner

rendered sufficient service and he rendered 15 years of

service. Hence, the petition.

3. Respondent filed counter with the averments

in brief as follows:

The contention of the Petitioner that he suffered

from chronic Schizophrenia and did not attend his duties

during the year 2001 due to the said disease is not correct.

His further contention that he was referred to the Institute

of Mentally Handicapped on 14.12.2000 by the

authorities and he underwent continuous treatment that

he was referred to the 1st Respondent's main hospital at

Kothagudem and from there to Government Mental

Hospital, Hyderabad are also denied. Petitioner is put to

strict proof of the same. Petitioner was issued with

chargesheet dated 23.1.2001 under the company's

Standing Orders No. 25(25) and 25(31) as he remained

absent from duty from 1.1.2000 to 31.12.2000. An enquiry

was conducted regarding the said charges. Petitioner fully

3452

THE GAZETTE OF INDIA : MAY 3, 2014/VAISAKHA 13, 1936

[PART II—SEC. 3(ii)]

participated in the said enquiry. Full and fair opportunity

was given to him to defend his case. He was explained the

procedure in Telugu. Charges were also explained to him.

He was asked that he could have help of the defence

assistant if any. At every stage proceedings were exaplained

to him in Telugu. After satisfying with the same he affixed

his thumb impression in the proceedings sheet. He

admitted the charges levelled against him. He stated that

he remained absent during this period as he went to temples

at Bhadrachalam, Tirupathi and Mumbai. At no point of

time he disclosed the alleged ill-health during the course of

enquiry held on 26.2.2001. The alleged disease of chronic

Schizophrenia was invented by the Petitioner to get over

the lapse of long absenteeism from service. The enquiry

proceeding together with enquiry report was served on

the Petitioner on 15.5.2001 giving an opportunity to

represent against the finding of the Enquiry Officer. He has

not given any representation. Second show cause notice

was issued to him. As there were no extenuating

circumstances to take a lenient view Petitioner was

dismissed from service with effect from 28.6.2001 vide letter

dated 27.6.2001. The attendance of the Petitioner prior to

the year 2000 also was not satisfactory. Contention of the

Petitioner that he understands that a proposal was noted

to declare the Petitioner as unfit for the service is denied.

His further contention that due to his illness he could not

participate in the enquiry is also denied. He participated in

the enquiry and admitted the charges stating that as he

has visited the temples of Bhadrachalam, Tirupathi and

Mumbai he was absented from duty. He did not produce

even an iota of evidence to the prove that he suffered

mental illness. Considering the past record of the Petitioner

which shows that he was a habitual absentee and since the

charges were proved against the Petitioner and he was

found guilty the impugned order was passed. The

impugned order is not liable to the interfered with. The

petition is liable to be dismissed.

4. On 8.9.2003 orders were passed by this forum

holding that domestic enquiry was not validly conducted

in this case. Ex.M1 to M11 were marked while

considering the validity of the domestic enquiry.

5. To substantiate their contentions Management

examined MW1 and MW2 and got marked Ex.M1 to M25.

Petitioner got examined himself as WW1 to substantiate

his contentions and also examined WW2 and WW3 and

got marked Ex.W1 to W15.

6. Heard either party.

7. The Points that arise for determination are:

1.

Whether the impugned termination order dated

27.6.2001 is legal and justified?

2.

If not, to what relief the Petitioner is entitled?

8. Point No. 1:

It is undisputed fact that Petitioner has not attended

to the duties as general mazdoor of the Respondent

company during the year 2000. It is the contention of the

Management during the domestic enquiry that, he was

absent from duties unauthorizedly without sufficient cause

or reason and therefore he violated the Standing Orders

No. 25.25 and 25.31 and is liable for punishment for said

misconduct.

9. Domestic enquiry was evidently conducted in

which Petitioner also participated. But the fact remains that

the material on record clearly disclose that at the relevant

period of absenteeism as well as domestic enquiry,

Petitioner was suffering from mental disability due to

chronic Schizophrenia, a serious mental disorder. The oral

and documentary evidence adduced on record show that

during the year 1999, 2000 and 2001 Petitioner suffered

from this ailment. He left his house without knowledge of

anybody and his whereabouts were not known for some

time. Ex. W1 and W2, the newspaper publications relied

upon by the Petitioner and also other evidence available

on record substantiates the same.

10. Ex. W3 and Ex. M 15 both are one and the same

documents i.e., the referral letter dated 14.12.2000 issued

by the Dy. Medical Superintendent, Y.C. Hospital, Yellandu

which belong to the Respondent company, whereunder

Petitioner has been referred to the Institute of Mentally

Handicapped, Hyderabad for further advise and treatment.

In this letter the Dy. Medical Superintendent, Y.C.

Hospital, Yellandu has clearly stated that Petitioner's case

has been a chronic Schizophrenia since two years. It means

since two years prior to 14.12.2000, Petitioner has been

suffering from chronic Schizophrenia to the knowledge

of the Respondent.

11. Ex. W4 is the representation made by the

Petitioner's wife on 15.12.2000 to the General Manger

of the Respondent company stating about the mental health

condition of the Petitioner enclosing Doctor Certificate

also.

12. Inspite of all the above referred circumstances,

Ex. M1 chargesheet dated 23.1.2001 has been issued

against the Petitioner alleging that due to his unauthorized

absenteeism during the year 2000 he has committed the

misconduct under Respondent's Standing Orders No.

25.25 and 25.31. Thus, it is very much clear that inspite

of having knowledge that Petitioner was suffering from

mental disorder and due to the same, he was unable to

attend to the duties during the year 2000, an enquiry was

conducted into the said absenteeism. Further it is very

much clear from Ex. M15 that though it is in the knowledge

of the Respondent company, that Petitioner was mentally

ill from the year 1999 to 2001, during the year 2001

departmental enquiry was conducted against him and

claiming that fair opportunity has been given to the

Petitioner, during the said enquiry though he was mentally

ill during that time, he was found to be guilty of

misconduct of unauthorized absence by the Enquiry

Officer and to the said effect Ex. M16 enquiry report was

given. Acting on the said report and inspite of Ex. M20,

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 3] 2014@oS'kk[k 13] 1936

3453

M21 and M22, the proceedings of the hospitals at Yellandu

and the Main Hospital Kothagundem whereunder, the

mental condition of the Petitioner has been mentioned, the

Respondent organization proceeded with awarding

punishment of dismissal from service to the Petitioner by

virtue of Ex. M2 order dated 27/28.6.2001.

13. Whereas on 31.7.2001 Petitioner has been

discharged from the Institute of Mentally Handicapped,

Hyderabad. Ex. W13 is the discharge certificate issued on

that date, which means upto 31.7.2001 Petitioner's mental

condition was not sound.

14. On due consideration of the material on record

by virtue of oder dated 8.9.2003, domestic enquiry

conducted in this case has been held as invalid. There

after to substantiate their contentions Management

examined MW1 and MW2 and got marked various

documents as the evidence of their side which has already

been discussed above. The same are proving that to the

knowledge of the Management Petitioner was mentally sick

during the relevant time covered by the charges in the

chargesheet and also during the time of domestic enquiry.

MW1 has not disputed with the factum of mental sickness

of the Petitioner. The evidence made available on record is

clearly showing that Management is aware of the sickness

of the Petitioner. Inspite of it they issued chargesheet

against the Petitioner, conducted domestic enquiry and

also awarded punishment of dismissal from service to him.

This is certainly and arbitrary action. The person who is

mentally sick can not be made responsible for his action/

inaction. The impugned order of dismissal from service

which is now being questioned is certainly not maintainable

under law for the reason that there was no opportunity for

the Petitioner to effectively participate in the enquiry owing

to his mental sickness at the relevant time. Further more,

the very chargesheet is not maintainable for the reason

that to the knowledge of the Management, Petitioner was

mentally sick during the period covered by the charges

and for that reason only he was unable to attend his duties

and therefore his absenteeism from duties is not without

cause or reason.

In view of the fore gone discussion, the impugned

order is liable to be set aside.

This point is answered accordingly.

15. Point No. II:

In view of the finding given in Point No. 1,

Petitioner is entitled for the relief of reinstatement into

service forth with as General Mazdoor. In this context

the fact that Petitioner has been re-appointed on 16.9.2005

as badli filler has to be noted. As can be seen from

Ex. W14, he was so appointed as badli filler but for a period

of one year only. It is a fresh appointment which got

nothing to do with his earlier post held as General Mazdoor.

Petitioner is claiming that he is to be reinstated into service

as General Mazdoor since for no fault of him and for

sufficient cause i.e., his mental illness he was unable to

attend his duties and therefore, he is not at all guilty of

misconduct of unauthorized absence. There is substance

in this contention.

16. Further more, one another important aspect to be

considered is whether the Respondent organization is

correctly dealt with the Petitioner who was suffering from

Nental illness at the relevant time. It is the contention of

the Learned Counsel for the Petitioner that Petitioner was a

disabled person at the relevant time and he is covered by

"The Persons With Disabilities (Equal Opportunities,

Protection of Rights and Full Participation) Act, 1995" and

thus Sec. 47 of the said Act applies to him. Respondents

can not deny the force of this contention. Sec. 2(i) of this

Act enumerates the disabilities for the purpose of this Act.

Section 2(I)(vii) provides that mental illness is disability.

Thus, Petitioner who suffered mental illness is covered by

this Act. It is not in dispute that Respondent organization

is bound by this Act.

Therefore, Petitioner is entitled for the benefit of

the provisions of Sec. 47 of this Act whihc reads as follows:

"47. Non-discrimination in Government

employment :- (1) No establishment shall dispense with,

or reduce in rank, an employee who acquires a disability

during his service:

Provided that, if an employee, after acquiring

disability is not suitable for the post he was holding,

could be shifted to some other post with the same pay

scale and service benefits:

Provided further that if it is not possible to adjust

the employee against any post, he may be kept on a

supernumerary post until a suitable post is available or

he attains the age of superannuation, whichever is earlier.

(2) No promotion shall be denied to a person merely

on the ground of his disability:

Provided that the appropriate Government may,

having regard to the type of work carried on in any

establishment, by notification and subject to such

conditions, if any, as may be specified in such notification,

exempt any establishment from the provisions this

section."

17. Thus, Petitioner can not be reduced in rank due to

the disability suffered by him. He can not be denied any

promotion either. It is not the case of the Respondents the

Petitioner is not suitable for the work of General Mazdoor

or that there is no suitable work for him in their organization.

Therefore, after his reinstatement into service as General

3454

THE GAZETTE OF INDIA : MAY 3, 2014/VAISAKHA 13, 1936

[PART II—SEC. 3(ii)]

Mazdoor he is to be granted all attandant benefits. He is

also entitled for back wages for entire period. The amounts

paid towards wages to him after his fresh appointment as

badli filler are to be deducted from the said back wages

payable to him.

This point is answered accordingly.

Result:

In the result, petition is allowed. Ex. M2, the

impugned termination order dated 27/28.6.2001

dismissing the Petitioner from service, is hereby set aside

holding that it is illegal and inoperative. Petitioner shall be

reinstated into service as General mazdoor forth with. He

shall be paid all back wages payable to General mazdoor

and while so, the amounts already paid towards wages to

the Petitioner as badli filler appointing him afresh by virtue

of Ex. W14 order dated 16.9.2005 shall be deducted.

Petitioner is entitled for all other attendant benefits also

like promotion etc., if such rights were accrued to him in

regular course of employment as attendant benefits.

This point is answered accordingly.

Award passed accordingly. Transmit.

Dictated to Smt. P. Phani Gowri, Personal Assistant

transcribed by her corrected by me on this the 13th day

of February, 2014.

M. VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence

Witnesses examined for the

Witnesses examined for the

Petitioner

Respondent

WW1: Sri Banoth Lakhiya

MW1: Sri P. Purushottam

Rao

WW2: Sri J. Mangaiah

MW2: V.V.S.N. Murthy

WW3: Sri Banoth Ramesh

Documents marked for the Petitioner

Ex. W1:

Photostat copy of the paper clipping dt.

9.10.2000

Ex. W2:

Photostat copy of the paper clipping dt.

16.10.2000

Ex. W3:

Photostat copy of proceeding issued by Dy.

Medical Supdt. YC

Hospital, Yellandu referring the Petitioner to

Instt. of Mentally handicapped, Hyderabad, Dt.

14.12.2000

Ex. W4:

Photostat copy representation on behalf of

WW1 dt. 15.12.2000

Ex. W5:

Photostat copy of proceeding of SOM-21 inc.

to Dy. MS, YCH, Yellandu, disclosing the mental

status of the Petitioner dt. 15.5.2001

Ex. W6:

Photostat copy of proceedings of Dy. MS, YCH

to Supdt., Main Hospital, Kothagudem referring

the Petitioner to Psychiriatic treatment dt.

15.5.2001

Ex. W7:

Photostat copy of Ir. of Supdt., Main Hospital

Kothagudem to Dy. MS, YCH, informing that

Petitioner is a chronic Seizhopheina patient

and to refer him to Govt. Mental Hospital,

Hyderabad dt. 22.5.2001

Ex. W8:

Photostat copy of Ir. From Dy. MS, YC

Hospital, Yellandu, to the Supdt., Govt. Mental

Hospital, Hyderabad referring the Petitioner

for treatment of Chronic Seizhophernia dt.

26.5.2001

Ex. W9:

Photostat copy of representation submitted on

behalf of the Petitioner dt. 26.5.2001

Ex. W10: Photostat copy of Proceeding of SOM-21 inc.

to the GM (Projects) Yellandu to refer the

Petitioner to the Corporate Medical Board dt.

5.6.2001

Ex. W11: Photostat copy of application purportedly

signed by the Petitioner for examination by

Corporate Medical Board dt. 5.6.2001

Ex. W12: Photostat copy of proceeding issued by

GM(Projects) Yellandu dismissing the

Petitioner from service dt. 27.6.2001

Ex. W13: Photostat copy of discharge certificate issued

by Supdt., Instt. of Medical Health, Hyderabad

dt. 31.7.2001

Ex. W14: Photostat copy of office order issued by

GM(Personnel) appointing the Petitioner

afresh as badli filler for a period of one year

dt. 16.9.2005

Ex. W15: Photostat copy of office order issued by

CGM(Personnel) appointing him afresh as

badli filler dt. 20.1.2007

Documents marked for the Respondent

Ex. M1:

Office copy of chargesheet dt. 23.1.2001

Ex. M2:

Office copy of dismissal order dt. 27.6.2001

Ex. M3 to

Ex. M14:

Photostat copies of pay slips of WW1 from

January, 2000 to December, 2000

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 3] 2014@oS'kk[k 13] 1936

3455

Ex. M15:

Photostat copy of letter dt. 14.12.2000 to the

Supdt., Instt. of Mentally Handicapped,

Hyderabad from Dy. MS, YC Hospital, Yellandu

Ex. M16:

Enquiry report dt. 26.2.2001

Ex. M17:

Pay sheets for the year 1998

Ex. M18:

Pay sheets for the year 1999

Ex. M19:

Representation of the wife of the Petitioner dt.

15.12.2010

Ex. M20:

Office copy of the letter of proceedings of Dy.

MS, YCH to Supdt., Main Hospital,

Kothagudem referring the Petitioner to

Psychiriatic treatment dt. 15.5.2001

Ex. M21:

Photostat copy of Ir. of Supdt., Main Hospital

Kothagudem to Dy. MS., YCH, informing that

Petitioner is a chronic Seizhopheina patient and

to refer him to Govt. Mental Hospital,

Hyderabad dt. 22.5.2001

Ex. M22:

Office copy of Ir. from Dy. MS, YC Hospital,

Yellandu, to the Supdt., Govt. Mental Hospital,

Hyderabad referring the Petitioner for treatment

of Chronic Seizhophenia dt. 26.5.2001

Ex. M23:

Representation submitted on behalf of the

Petitioner dt. 26.5.2001

Ex. M24:

Photostat copy of proceeding of SOM-21 inc.

to the GM(Projects) Yellandu to refer the

Petitioner to the Corporate Medical Board dt.

5.6.2001

Ex. M25: Office copy of application purportedly signed

by the Petitioner for examination by Corporate

Medical Board dt. 5.6.2001.

ubZ fnYyh] 22 vizSy] 2014

dkñvkñ 1325-&&vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ,lñbZñlhñ,yñ

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

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FkkA

[lañ ,y&22012@403@2003&vkbZ vkj ¼lh,e&II½]

chñ ,eñ iVuk;d] MsLd vf/kdkjh

New Delhi, the 22nd April, 2014

S.O. 1325.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 104/

2004) of the Central Government Industrial Tribunal-cum-

Labour Court, Jabalpur as shown in the Annexure in the

industrial dispute between the management of South Eastern

Coalfields Ltd. and their workmen, received by the Central

Government on 22/04/2014.

[No. L-22012/403/2003-IR(CM-II)]

B. M. PATNAIK, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL- TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/104/2004

PRESIDING OFFICER : SHRI R. B. PATLE

The President,

Rashtriya Koyla Khadan Mazdoor Sangh (INTUC),

Branch Churcha Colliery of SECL,

PO Churcha, Distt. Korea (CG),

Korea Chhattisgarh

........Workman

Versus

Chief General Manager,

Baikuntpur Area of SECL,

PO Baikuntpur, Distt. Korea (CG),

Korea Chhattisgarh

...Management

AWARD

(Passed on this 21st day of March 2014)

1. As per letter dated 4.10.04 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-

22012/403/2003-IR (CM-II). The dispute under reference

relates to:

"Whether the action of the Chief General Manager,

Baikunthpur Area of SECL in not giving notional

seniority to Shri R. S. Jaiswal in Clerical Grade-I

with retrospective effect from 1.4.86 and in Sr.

Clerk with retrospective effect from 1.6.91 and

promotion with retrospective effect is legal and

justified? If not, to what relief the workman is

entitled?"

2. After receiving reference, notices were issued to

the parties. Union submitted statement of claim at Page 3/1

to 3/8. Case of Ist Party Union is that the reference relates

to promotion to the post of Clerk Grade-I of workman R. S.

Jaiswal from 1.4.86. That IInd Party is an industry has

prepared a cadre scheme governing method of promotion

of the posts in question. The cadre scheme governing

methods of promotion of the posts in question. The cadre

3456

THE GAZETTE OF INDIA : MAY 3, 2014/VAISAKHA 13, 1936

[PART II—SEC. 3(ii)]

scheme came in force from 17.7.84 under Implementation

Instruction No. 34. Clause 3.2 of Cadre Scheme No. 8 pertains

to ministerial staff which—selection for the post upto Clerk

Grade-I shall be on the basis of seniority-cum-merit and for

clerk special grade and above on the basis of merit-cum-

seniority, Clause 3.3 of the said cadre scheme provides the

Promotional zone for filling the posts upto clerk grade

special will be area and post for technical supervisor Grade

A will be the company. Ist Party workman further submits

that workman R. S. Jaiswal is senior to other workman

promoted to the post of Clerical Grade-I w.e.f. 1.4.86. Union

has prepared a comparative statement of clerical staff of

Baikunthpur area of SECL. Its perusal shows that on any

post the workman is much senior than the other employees

promoted

as

Clerk

Grade-I from 1.4.86. That workman is superseded at the

time of promotion of Clerk Grade-I on 1.4.86 though

the persons promoted as Clerk Grade-I were also given

another promotion of Sr. Clerk Special Grade from

1.6.91. Workman was superseded in the matter of

promotion. He was promoted w.e.f. 1.1.89 and 1.1.93. It

is reiterated that juniors R. P. Sahu and others were

promoted superseding the workman. Workman R.S.

Jaiswal is superseded. Management has discriminated

R. S. Jain, the action of promoting juniors is arbitrary. On

such ground, Union prays that workman R. S. Jaiswal be

given promotion benefits of Clerk Grade-I in 1.4.86 and

Special Grade from 1.6.91.

3. Management filed Written Statement at Page 8/

1 to 8/13. IInd Party submits that as per terms of

reference, the promotion of Shri R. S. Jaiswal is claimed

retrospectively on 1.4.86 for post of Clerk Grade-I and

1.6.91 for Clerk Special Grade the reference is submitted

after long lapse of time of 2 decades. Such reference is

not tenable. Workman left over the matter for about 7

years. The Govt. ought to have refused reference on ground

of delay. Workman has not disclosed reasons for

challenging seniority. Promotion cannot be claimed as a

matter of right. Promotion is a managerial function.

Promotion depends in various negligence. Claim of

workman is not tenable.

4. That SECL is a company registered under Indian

Companies Act. It is controlled by General Manager and

Board of Chairman-cum-Managing Director. That NCWA

contains cadre scheme for purpose of promotional evenue

for each category of employees. The Cadre scheme for

ministerial staff are given as per Cadre No. I-VIII &

annexure VIII-1 to 5. The cadre scheme has been circulated

by II of 34 dated 17.7.84. The promotional channel is given

under Clause III. Clause III, 3.1 to 3.3 are reproduced.

That promotion for the post of Technical Grade B shall

be on the basis of seniority-cum-merit and for the post

from Technical Grade B to A shall be on the basis of merit-

cum seniority, the promotional zone for filling the post

upto Clerical Grade Special will be Area and for posts in

Technical and Supervisory Grade A will be area or company

as per the prevailing practice in the company. It is reiterated

that the promotion for the Clerk Grade-III to I and Grade-I

to Special Grade, seniority is maintained Sub Area level

and for the post of Sr. Clerk Grade-B to Office Suptd.,

seniority is maintained at area level that Shri

S. N. Singh, O. P. Gupta, R.J. Singh, A. K. Paul and R. P.

Sahu were initially appointed on different dates. They were

given promotion to post of Clerk Grade-III on different

dates in 1978. Mr. R. P. Sahu was promoted to Clerk

Grade-II from 11.6.80. Shri S. N. Singh was promoted to

Clerk Grade I from 1.4.86, Clerk Grade-B from 1.6.91,

O. P. Gupta, Ajay Singh, A. K. Paul were promoted on

Clerk Grade-I on 7.5.87. They were promoted to Sr. Clerk

post in 1992. Giving details of the promotion on different

dates and different area, it is contented that workman

cannot claim seniority with those employees. Workman

is promoted in post of Suptd. in 2005. Workman is not

discriminated in the matter of promotion. He is not

superseded therefore workman is not entitled to

promotional benefits claimed by him. On such ground,

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 action of the Chief

In Affirmative

General Manager, Baikunthpur

Area of SECL in not giving

notional seniority to Shri R. S.

Jaiswal in Clerical Grade-I with

retrospective effect from

1.4.86 and in Sr. Clerk with

retrospective effect from

1.6.91 and promotion with

retrospective effect is legal and

justified?

(ii) If not, what relief the

Workman is not

workman is entitled to?"

entitled for any

relief.

REASONS

6. Union has raised dispute alleging discrimination

in the matter of promotion to Shri R. S. Jaiswal that his

juniors are promoted. Workman Shri R. S. Jaiswal was

superseded. The notional seniority from 1.4.86 for the

post of Clerk Grade-I and notional promotion from 1.6.91

for post of Clerk Special Grade. However the Union has

failed to participate in reference proceedings, not adduced

any evidence. Evidence of Union is closed on 15.10.2012.

Management filed affidavit of evidence of its witness Shri

Bijay Choudhary. He has supported contentions of

management that the seniority upto the post of Clerk

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 3] 2014@oS'kk[k 13] 1936

3457

Grade I is maintained at Sub Area Level and promotion is

based on seniority cum merit. For the post of Sr. Clerk

Grade B to OS, Seniority is maintained at Area Level and

promotion is given on basis of merit cum seniority. That

Shri R.S. Jaiswal was initially appointed as General Mazdoor

w.e.f. 1.10.74. He was given promotion time to time. He was

promoted to the post of clerk Grade III from 1.1.79. He was

promoted to the post of Clerk Grade I w.e.f. 1.1.89 and post

of Sr. Clerk Grade-B w.e.f. 1.1.93. That O.P. Gupta, R.J. Singh,

A.K. Paul and R.P. Sahu were initially appointed on different

dates on 1975. They were promoted to clerk Cat Grade III

w.e.f. 1.10.78, they were promoted to the post of Clerk Grade

II w.e.f. 2.10.79. Shri R.P. Sahu was promoted to the post of

Clerk Grade II w.e.f. 11.6.80. Shri S.N. Singh was promoted

to Clerk Grade I w.e.f. 7.5.87. They were further promoted as

Sr. Clerk on 31.12.92. Shri R.P. Sahu had submitted

representation for notional seniority w.e.f. 1.6.86 claiming

that he was working in Clerk Grade-II at Kotkona colleiry.

He was promoted as clerk Grade I on 8.6.89. His colleagues

Shri S.N. Singh, O.P. Gupta, R.J. Singh, G.D. Kar and A.K.

Paul were promoted earlier to him on 1.4.86 etc. he was

given notional promotion. Evidence of management's

witness remained unchallenged. The documents are

produced by Union Exhibit W-1. Management produced

documents Exhibit M-1 to M-3. It is to be noted that Union

has not participated in reference proceeding, no evidence

is adduced by workman how the workman is superseded

or discriminated. In absence of any evidence on part of

Union, the demand of Union cannot be accepted. For above

reasons, I record my finding in Point No. 1 in Affirmative.

7. In the result, award is passed as under:—

(1) Action of the Chief General Manager, Baikunthpur

Area of SECL in not giving notional seniority to

Shri R.S. Jaiswal in Clerical Grade-I with

retrospective effect from 1.4.86 and in Sr. Clerk

with retrospective effect from 1.6.91 and

promotion with retrospective effect is legal and

proper.

(2) Union is not entitled to relief prayed by them.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 22 vizSy] 2014

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dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ,lñbZñlhñ,yñ

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

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[lañ ,y&22012@46@1992&vkbZ vkj ¼lh&II½]

chñ,eñ iVuk;d] MsLd vf/kdkjh

New Delhi, the 22nd April, 2014

S.O. 1326.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 119/92)

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 Coalfields Ltd.,

and their workmen, received by the Central Government on

22/04/2014.

[No. L-22012/46/1992-IR (C-II)]

B.M. PATNAIK, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/119/92

PRESIDING OFFICER: SHRI R.B. PATLE

Shri Shyambabu,

S/o Shri Devnath,

Ex. Mechanical Helper,

Grade-II, Jainagar Colliery,

Gram Bisrampur,

Distt. Surguja (MP)

...Workman

Versus

Sub Area Manager,

Jainagar Sub Area of SECL,

PO Bisrampur colliery

Distt. Surguja (MP)

...Management

AWARD

(Passed on this 21st day of March 2014)

1. As per letter dated 18.6.92 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-

22012/46/92-IR(C-II). The dispute under reference

relates to:

"Whether the action of the Sub Area Manager,

Jainagar Sub area of Bisrampur Area of SECL, PO

Bisrampur Distt. Surguja MP in dismissing Shri

Shyam Babu S/o Deonath Cat-II Mech. Helper,

Jainagar, 3/4 Incline w.e.f. 17.6.91 is legal and

justified? If not, to what relief is the concerned

workman entitled to?"

2. After receiving reference, notices were issued to

the parties. Workman submitted statement of claim at Page

6/1 to 6/12. Case of Ist Party workman is that he was

appointed as Mechanical Helper Cat-II at Jainagar Mine No.

3, 4 on 1.2.1981. He was on said post till 17.6.91. That

officer below General Manager rank is not competent to

3458

THE GAZETTE OF INDIA : MAY 3, 2014/VAISAKHA 13, 1936

[PART II—SEC. 3(ii)]

terminate his services. That he was honestly performing

his duties for more than 10 years. He was served with

chargesheet dated 4.4.91 alleging that he was apprehended

carrying 50ft. conveyor belt during night time in area of Jai

Nagar Mine No. 3, 4. That he denied the charges against

him. That the report about the alleged incident was

submitted after 3 days. Chargesheet was also issued to

Shri Rangdhar Nayak. It is alleged that workman was falsely

implicated because of the dispute with security persons

Norbert, Lakhanram and Anil Yadav. False report was

submitted against him by security personnel. The incident

had not occurred, the names of Anil Yadav and Rangdhar

Nayak was subsequently added implicating workman.

Workman was not caught with bicycle carrying conveyor

belt by any of the security personnel. The bicycle and belt

was not seized from him. Workman has also pleaded that

enquiry was not properly conducted. He was given

opportunity to cross-examine witnesses. Enquiry Officer

acted as a prosecutor. Principles of natural justice were

not followed. The witnesses of management Lakhanram

and Norbert has stated in their evidence that conveyor

belt and bicycle were seized from workman. Seizure

Punchnama was not prepared. Joint enquiry held against

him and Rangdhar Nayak is illegal. That standing orders

are not applicable to the workman. The alleged misconduct

is not covered under standing orders Rule 17(1)(a).

Workman did not get opportunity for defence. On such

ground workman prayed for his reinstatement with

consequential benefits.

3. Management filed Written Statement at Page 10/

1 to 10/7. IInd Party submits that SECL is registered under

Companies Act. Several coal mines are operated in MP

by SECL including Jainagar colliery. Workman was

working as mechanical fitter Category-II. Workman was

caught red handed. Chargesheet was issued to him. Enquiry

was conducted following principles of natural justice.

Opportunity for defence to workman was given to him.

IInd Party denies that General Manager has power to

terminate/dismiss the workman. IInd Party submits that

in 1981, power of dismissal were also delegated on

officers below General Manager. That Bisrampur area was

established in 1990 therefore the order of dismissal of

workman was passed by Joint Area Manager. That

workman was apprehended with stolen material while

returning home after IInd shift on 2.4.1991. Workman

was carrying 25 ft. conveyor belt on his bicycle. When he

was challenged, the workman left belt at the place and ran

away on his bicycle. Chargesheet was issued to workman.

The explanation given by workman was not found

satisfactory therefore Enquiry Officer was appointed.

Joint enquiry was conducted against workman and

Rangdhar Nayak as the charges related to same incident.

The Enquiry Officer is competent to ask necessary

questions. Enquiry is not vitiated only on such grounds. It

is alleged that workman is trying to find fault in enquiry

with a motive to take advantage. The enquiry is conducted

as per rules. The misconduct alleged against workman is

proved. On such ground, IInd Party prays for rejection of

claim.

4. As per order dated 13.12.2010, enquiry

conducted against workman is found legal and valid.

5. Considering pleadings on record and findings on

Issue No. 1, 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, Jainagar Sub area

of Bisrampur Area of SECL, PO

Bisrampur Distt. Surguja M P

in dismissing Shri Shyam Babu

S/o Deonath Cat-II Mech.

Helper, Jainagar, 3/4 Incline

w.e.f. 17.6.91 is legal and

justified?

(ii) If not, what relief the

Workman is not

workman is entitled to?"

entitled to relief

prayed by him.

REASONS

6. In view of enquiry against workman is found legal

and proper, question remains for decision whether finding

of Enquiry Officer are supported by some evidence or

the findings are perverse. Whether the punishment of

dismissal imposed against workman is proper and legal.

With respect to earlier points, affidavit of evidence is filed

by workman. However his affidavit is devoted w.r.t. enquiry

conducted against him and Enquiry Officer not allowed

workman to cross-examine management's witnesses. As

enquiry is already found legal and valid, above part of

affidavit of evidence cannot be considered. Workman has

then devoted affidavit about statement of management's

witnesses Lakhanram and Norbert that they have not seen

workman carrying belt on bicycle. That bicycle was not

seized from workman. The record of Enquiry Proceeding

is filed at Exhibit M-1, M-2. Management's witnesses

Lakhanram and Robert has stated that he was on night duty

on 31.3.91. Norbert Lakra was also on duty with him.

When they were on search round and reached towards

Jainagar Bunkar, he noticed two persons with bicycles

when they reached near those persons they found belt was

carried on bicycle by those persons. When they stopped

those persons and directed them to go towards

Jainagar (old) at that time Anil Yadav Security Guard came.

It was around 11.30 PM. Anil was on duty at

powerhouse. Shri Anil Yadav has taken persons at a

distance of about 5 meters and talked with those persons.

Then Anil Yadav had told them that they were of his

acquaintance and they be released. That they tried to

apprehend those persons. Anil said that those persons

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 3] 2014@oS'kk[k 13] 1936

3459

cannot run away, they would be called in morning as they

were acquainted with him. That he has taken those persons

to powerhouse telling the belt would remain safe. Thereafter

Anil taken them with him to powerhouse. On next day, Anil

was called. The names of those persons were asked from

him. He told the names of those persons were Shambabu

and Rangdhar. In their cross-examination, evidence of

Lakhanram and Rangdhar is not shattered. Management

witness Norbert in his statement before Enquiry Officer

has stated that in the night of 31.3.1981, he and Lakhanram

were on duty. When they approached towards boundary

wall, they had noticed two persons. They had apprehended

them. At that time Anil came and he taken those persons to

powerhouse. He directed those persons to run away. When

they tried to apprehend those persons Anil Yadav said

them not to apprehend. He had taken belt to powerhouse

saying that the belt would remain safe, they should not

worry about it. The evidence of Norbert on above point is

not shattered in his cross-examination. Both the witnesses

in their cross-examination says that those persons were at

5 metres distance from them. Those persons were walking

by boundary side and CHP bridge. Both the witnesses

have identified workman before Enquiry Officer as the

person found by them in the night. That belt was recovered

from Anil Yadav. Norbert was unable to tell distance

between his house and house of Shambabu. He was also

unable to tell location of house of Rangdhar Nayak.

Management's witness P.N. Tiwari corroborated statements

of Lakhanram and Norbert. In his cross-examination

statement of Shri P.N. Tiwari management's witness was

not shattered to disbelieve the evidence. Evidence of all

management's witnesses is cogent that Ist paprty workman

was found carrying 25 ft. belt on his bicycle. When

Lakhanram and Norbert, Management's witnesses stopped

them, they tried to run away. The evidence on above point

is not shattered. The defence of workman was he was

falsely implicated. However in cross-examination of

management's witnesses Lakhanram, Norbert and Tiwari,

any kind of enmity is not suggested. I find no reason why

all those 3 management witnesses would falsely implicate

the workman. The findings of Enquiry Officer holding

workman guilty are supported by evidence of Lakhanram,

Norbert and Tiwari. The findings of Enquiry Officer cannot

be said perverse. Therefore I record my finding on Point

No. 1 in Affirmative.

7. Point No. 2-charge against workman about theft

of conveyor belt is proved from evidence in Enquiry

Proceedings. The question arises whether punishment of

dismissal imposed on workman is disproportionate or

exorbitant and deserves interference. The misconduct

proved against workman is of committed theft of belt is

serious misconduct. Learned counsel for IInd Party

management Shri A.K. Shashi relies on bunch of citations.

In case of Lalit Popli versus Canara Bank and others

reported in 2003(3) Supreme Court Cases 583. Their Lordship

dealing with scope of judicial review of High Court under

Article 226 High Court doesnot act as an appellate authority.

Their Lordship further observed that approach and

objective in criminal proceedings and disciplinary

proceedings are altogether distinct and different. In

disciplinary proceedings the preliminary question is

whether the employee is guilty of such conduct as would

merit action against him whereas in criminal proceedings

the question is whether the offences registered against

him are established and if established what sentence

should be imposed upon him. The standard of proof the

mode of enquiry and rules governing the enquiry and trial

are conceptually different.

In case of State of Tamil Nadu Versus Thiru K.V.

Perumal and others reported in 1996(5) Supreme Court Cases

474. Their Lordship dealing with service law scope of judicial

review. Their Lordship held the question as to whether the

charges were established on the material available, held,

beyond the scope of judicial review as the Administrative

Tribunal is not an appellate authority over the Department

Authorities.

The principles laid down cannot be applied to

present case as powers are conferred on this Tribunal

under Section 11-A of I.D. Act are not identical to the

powers of Administrative Tribunal.

Copy of judgment in Writ Petition No. 1108/2002

is submitted. The facts are not comparable of present case.

Therefore said judgment cannot be beneficially used in

the case.

In case of Prasad Film Laboratories represented by

its Director, Madras versus Presiding Officer, Principal

Laobur Court, City Civil Court Building Madras and

another reported in 2001-LLR-407, in Para 22 of the

judgment, their Lordship held the Tribunal discharges its

functions in the matter judicially. If the discretion has

been properly exercised, this Court would not interfere

with such exercise of discretion. The discretionary power

to tribunal is not a free licence to direct reinstatement,

even when it is not warranted and when the records do not

warrant the setting aside the order of dismissal.

In case of Janatha Bazar (South Kanar Central

Cooperative Wholesale Stores Ltd.) and others versus

Secretary, Sahakari Noukarara Sangha and others reported

in 2000(7) Supreme Court Cases 517, their Lordship of

the Apex Court dealing with misconduct/penalty held Labour

Court cannot substitute the penalty imposed by employer.

Discretion of employer exercise in imposing of punishment

after misconduct proved the domestic enquiry.

3460

THE GAZETTE OF INDIA : MAY 3, 2014/VAISAKHA 13, 1936

[PART II—SEC. 3(ii)]

In present case as per finding on Point No. 1, from

evidence in Enquiry Proceedings, misconduct of workman

is proved. Considering the nature of proved misconduct

relating to the theft of belt, I do not find reason to interfere

in the punishment. The punishment of dismissal imposed

against workman cannot be said excessive or exorbitted.

Therefore, I record my finding in Point No. 2 in Affirmative.

8. In the result, award is passed as under:—

(1) Action of the Sub Area Manager, Jainagar Sub area

of Bisrampur Area of SECL, PO Bisrampur Distt.

Surguja MP in dismissing Shri Shyam Babu S/o

Deonath Cat-II Mech. Helper, Jainagar, 3/4 Incline

w.e.f. 17.6.91 is legal and proper.

(2) Workman is not entitled to any relief.

R. B. PATLE, Presiding Officer.

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[lañ ,y&22012@282@1991&vkbZvkj¼lh&II)]

chñ ,eñ iVuk;d] MsLd vf/kdkjh

New Delhi, the 22nd April, 2014

S.O. 1327.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 153/91)

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 Coalfields Ltd.

and their workmen, received by the Central Government

on 22/4/2014.

[No. L-22012/282/1991-IR (C-II)]

B. M. PATNAIK, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/153/91

PRESIDING OFFICER: SHRI R. B. PATLE

Shri Jarnail Singh,

S/o Shri Uttam Singh,

Qtr. No. 23/2,

Churdava Colony,

PO Bankimogra,

Distt. Bilaspur

...

Workman

Versus

Dy. General Manager,

SECL, Kusmunda Project,

PO Kusmunda Project,

Distt. Bilaspur (MP)

... Management

AWARD

(Passed on this 10th day of March 2014)

1. As per letter dated 12-9-91 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-22012(282)/91-IR(C-II). The dispute under reference

relates to:

"Whether the action of the management of

Kusmunda Project of SECL, Bilaspur justified in

terminating the service of Shri Jarnail Singh as

Driver (Trainee) w.e.f. 23.12.89? If not, to what

relief the workman is entitled?"

2. After receiving reference, notices were issued

to the parties. Ist Party workman filed Statement of claim

at Page 2/1 to 2/5. The case of Ist Party workman is that

he was working in Kusmunda Project of IInd party as

Driver from 1-8-89 to 23-12-89. He was terminated from

22-12-89 by Dy. General Manager on the ground that the

certificate of High School submitted by him was found

bogus. Workman submits that before termination of his

services, his explanation was not called. He was terminated

for alleging serious misconduct against him. Show cause

notice was not issued to him, no chargesheet was issued

by IInd Party. Enquiry was not conducted against him. His

services are terminated illegally. Ist Party workman

submits that he had pursued his education from Gurunanak

Khalsa School, Orrissa. He passed 10th standard from

said school in 1978. Thereafter he was residing at Bilaspur

for past 10 years. He had obtained driving licence from

Bilaspur prior to January 1991. His licence was renewed

on 7-6-94 from RTO, Bilaspur. The allegations against

him was imaginary. That for post of Driver passing 10th

standard was not required therefore the allegations against

him were irrelevant. It is reiterated that he was residing at

Bilaspur for more than 12 years as per rules of MP Govt.

the persons residing for 3 years was considered to be

resident of State. He was driving vehicle since 10 years

at Bilaspur. That his services were illegally terminated

she had joined membership of the Union. That he joined

membership of Central India Trade Union branch

Kusmunda. He was terminated in violation of the

provisions of standing orders in violation of principles

of natural justice. That 33 employees junior to him are

still working with the IInd Party, termination of his services

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 3] 2014@oS'kk[k 13] 1936

3461

is illegal. On such grounds, workman is praying for his

reinstatement with back wages.

IInd Party filed Written Statement at Page 5/1 to 5/3.

IInd Party had denied all material allegations of workman in

his statement of claim. It is not disputed that workman was

working as driver in Kusmunda Project. In order to fill

vacancies of Driver, management sent requisition to

Divisional Employment Exchange Office, Korba to sponsore

suitable candidates as per terms. For post of drivers

minimum qualifications required was High School Pass with

3 Years driving experience. The employment exchange

sponsored name of Ist Party workman. He was found

suitable and selected for the post of Driver on 26-7-89.

Workman was appointed on probation. After verificfation

of qualification, it was found that the Principal of Govt.

Boys Higher Secondary School, Chhappa intimated vide

letter dated 11-10-89 that marksheet and School Leaving

Certificate produced by workman were false. As per

Condition-6 of the appointment order, service of Ist Party

workman was terminated on the ground that he submitted

false and fabricated documents for carrying the job. IInd

Party reiterates that no chargesheet was required. It was

not necessary to conduct enquiry against workman. The

services of workman could be terminated as per Caluse-6

of the appointment order. On such ground, IInd Party prays

for rejection of claim.

4. Workman submitted rejoinder at Pate 8/1 to 8/3.

Workman submits that in appointment order, it was no

where mentioned that the appointment was on probation

subject to verification of his qualification. That

contentions of IInd Party on the point of mis-

representation of the fact that he has made clear that he

was no having requisite qualification for appointment, that

he had passed 10th standard from Gurunanak Khalsa High

Secondary school, Orrissa. That he cannot be made guilty

of fabricative, bogus certificate. On such grounds, Ist

Party workman reiterates that he was terminated from

service without giving opportunity.

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 Kusmunda

Project of SECL, Bilaspur

Justified in terminating the

service of Shri Jarnail Singh as

Driver (Trainee) w.e.f. 23-12-89

is legal?

(ii) If not, what relief the

Workman is not

workman is entitled to?"

entitled to relief

claimed by him.

REASONS

6. Workman is challenging termination of his service

without showcause notice, chargesheet of enquiry. That

termination of his services on the ground of submitting

false documents for his appointment as Driver. The

management has denied contentions of workman in

Statement of claim filed on record. Workman in his affidavit

of evidence has stated he is resident of T.R. Ghuddeva

colony, Qr. No. 23/2, Post office Bankimongra, District

Bilaspur. That he had passed 10th standard in 1978

Gurunanak High School, Orissa. That he was residing at

Bilaspur. He was running 4 wheeler, he has obtained

driving license, that he was called for interview on 10-3-

82 for the driver post. On 19-8-89, he was appointed at

Kusmunda Section. He was terminated from 22-12-89

without showcause notice or chargesheet. No enquiry was

conducted against him. That he had submitted false

document for obtaining appointment. In his cross-

examination, workman says that he had passed test around

1976-77 from Matkambeda Kalinga school. His name was

sponsored through Employment Exchange. That in 1981,

he was shifted to Bilaspur as his sister was residing there.

He had obtained driving license, he was called for

interview. That he had not submitted any documents at the

time of his interview. He received appointment leter

Exhibit M-1. He has submitted biodata. He admits his

signature on documents No. 12/3 but denied its contents.

That in document 12/3, address of his school is wrongly

shown. That he had not studied in Govt. school Chhappa.

He denied document 12/4, 12/5. He had not submitted those

documents with management. He admits Paper 12/8

marketd Exhibit M-2 i.e. termination order dated

12-12-1989. The reason given for termination of

workman is that on verification of record from Principal,

Govt. High Secondary school, Chhappa, it was revealed

that workman was never student of that school. The

certificate submitted by him was not authentic or genuine.

The appointment letter Exhibit M-1 produced by IInd Party

Clause-6 provides—the appointment is subject to

verification of his character and antecedents after your

reporting for duty, if any adverse remarks regarding your

character and antecedents are received from the Govt.

Authorities in the basis of verification carried out by them,

your services will be terminated without notice and

without assigning any reasons even during the period of

service when are regulary retained by the administration.

The termination of service of workman is as per above

caluse, no chargesheet was issued to workman.

7. Management filed affidavit of evidence of Shri P.V.

Satyanarayana, that management had sent requisition to

Divisional Employment Exchange, Korba for vacancies of

Driver. In Para-4 management's witness has stated that

minimum qualification was High School passed with 3 years

3462

THE GAZETTE OF INDIA : MAY 3, 2014/VAISAKHA 13, 1936

[PART II—SEC. 3(ii)]

experience of Driving Motor Vehicle. The workman was

found suitable. He was appointed as per document Exhibit

M-1. His services were terminated as the certificate

produced by workman was found false as per report

received from Govt. Boys High Secondary School,

Chhappa. Management's witness in his cross-examination

says that he had not participated in proceeding before ALC.

Workman never worked under him. He was not member of

the Selection Committee. Departmental Enquiry was not

conducted against workman. He denies that since workman

joined service, documents about his educational

qualifications were not called from him. That service of

workman was terminated as per standing orders. He was

not paid compensation. From further evidence of

management's witness Document Exhibit M-6 is proved

i.e. letter issued from Principal, Govt. High Secondary

School that workman was not student of that school. In

his cross-examination, management's witness was unable

to tell whether copy of application given to the Govt. High

School, Chhappa is produced on record. He admits that

original marksheet of workman and entry in admission

register of workman are not produced. He had not seen

original marksheet and admission register of workman.

He had not seen document referred in Exhibit W-6.

8. Workman has produced documents W-1 Transfer

certificate from Gunanak Khalsa High School Barbil, Distt

Kalinga, his date of admission is shown 19.10.73 and date

of leaving school is 22-12-1978. He was student of 10th

standard. Exhibit W-2 is duplicate marksheet of passing

10th standard examination in 1978. Both Exhibit W-1 &

W-2 are duplicates issued on 17-7-90. If Exhibit W-2 is

accepted, workman had passed 10th standard examination

in 1978. He had secured 379 marks out of 900.

9. The affidavit of witness Shriu Suraj Singh Yadav

was filed by workman in support of above documents. Said

witness was not cross-examined. Management has

produced documents Exhibit 12/4/, 12/5/ copies of

transfer certificate of workman from Govt. High

Secondary school, Chhappa, 12/5 is copy of Marksheet

of passing secondary school examination in 1977, the

marks secured by workman are shown. Document 12/6

shows marks obtained by the workman. In biodata form

Exhibit M-4 information is shown that workman had

passed 10th standard examination from Chhappa in 1979

with 58% marks. The workman had secured IInd division.

Workman in his cross-examination admitted signature on

said document. Initially he had denied signature on

document. As per evidence of handwriting expert, the

signature on biodata form is of the workman. The workman

claims in his evidence that the contents of biodata form

were not filled by him. Clause V of appointment letter

contemplates verification of the character and

educational qualifications. The information submitted in

biodata form was found false. Workman in his cross-

examination claims that he has not submitted any document

at the time of interview that he had passed examination

from School in Orissa, he has not explained why information

in biodata form Exhibit M-4 was not corrected. The

document Exhibit W-1, W-2 produced by workman are

duplicates. He has not expalained what were the reasons

to obtain duplicate document Exhibit W-1, W-2 after

termination of his service. The termination of service of

workman after receiving information that the workman was

not student of Govt. School, Chhappa cannot be said

illegal. The documents Exhibit W-1, W-2 are produced

subsequently to letter received from Principal Govt. School,

Chhappa. On 11-10-89, Principal of Govt. School Chhappa

has reported that workman was not student of said school,

the documents were bogus. IInd Party has produced those

documents at Page 12/4, 12/5. Management's witness stated

those documents 12/5 & 12/5 were produced by workman

alongwith biodata form, there was no reason for

management of IInd party to verify its genuiness from

Principal, Govt. School Chhappa. It is reported that

workman was not studying in said school and the document

were bogus. The document produced by workman Exhibit

W-1, W-2 were not produced with biodata Exhibit No. 3

and appears obtained subsequently to suit defence of the

workman. Therefore I record my finding on Point No. 1 in

Affirmative.

10. Point No. 2- In view of any finding in Point No.

1, as the document submitted by workman regarding his

educational qualifications were found bogus, the services

of Ist Party workman are terminated as per Clause-V of

the appointment letter, workman is not entitled for relief

claimed by the him. There was no reason for IInd Party to

receive those documents from any other source. Though

reliance is placed in ratio held in Case of Prithipal Singh

versus State of Punjab and others reported in 2002 (10)

Supreme Court Cases 133. The ratio cannot be applied to

present case at hand as the services of workman were

terminated giving reasons the documents about the

educational qualification submitted by workman were

found bogus, the termination cannot be said stigmatic.

Therefore I record my finding in Point No. 1 in

Affirmative.

11. In the result, award is passed as under:—

(1) The action of the management of Kusmunda Project

of SECL, Bilaspur justified in terminating the

service of Shri Jarnail Singh as Driver (Trainee) w.e.f

23-12-89 is legal.

(2) Workman is not entitled to relief prayed by him.

R.B. PATLE, Presiding Officer

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 3] 2014@oS'kk[k 13] 1936

3463

ubZ fnYyh] 22 vizSy] 2014

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chñ,eñ iVuk;d] MsLd vfèdkjh

New Delhi, the 22nd April, 2014

S.O. 1328.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 17/

2012) of the Cent. Govt. Indus. Tribunal-cum-Labour

Court, Hyderabad as shown in the Annexure in the

Industrial dispute between the management of M/s.

Singareni Collieries Co. Limited, and their workman,

received by the Central Government on 22/04/2014.

[No. L-22012/10/2012-IR(CM-II)]

B.M. PATNAIK, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT

HYDERABAD

PRESENT : Smt. M. VIJAYA LAKSHMI, Presiding Officer

Dated the 29th day of January, 2014

INDUSTRIAL DISPUTE NO. I.D. 17/2012

BETWEEN:

The State Dy. General Secretary,

(Sri T. Raja Reddy),

Singareni Collieries Employees Union (CITU),

Qtr. No. D-9, Shramika Bhavan, Main Chowrasta,

Shivaji Nagar, Godavarikhani,

Karimnagar District.

......... Petitioner

AND

The General Manager,

M/s. Singareni Collieries Company Limited,

Ramagundam-II Area, GDK-8 Inc., Colony (P.O.),

Godavarikhani, Karimnagar Distt-505211

....Respondent

APPEARANCES :

For the Petitioner

:

NIL

For the Respondent

:

M/s P.A.V.V.S. Sarma &

Vijaya Lakhsmi P.,

Advocates

AWARD

The Government of India, Ministry of Labour by its

Order No. L-22012/10/2012-IR(CM-II) dated 26.4.2012

referred the following dispute between the management

of M/s. Singareni Collieries Company Ltd., and their

workman under section 10(1)(d) of the I.D. Act, 1947 for

adjudication to this Tribunal. The reference is,

SCHEDULE

"Whether the action the management of General

Manager of M/s. Singareni Collieries Company

Ltd., Ramagundam-II Area, Godavarikhani,

Karimnagar Dist., Designating Sri Kumabala

Laxmaiah, Ex-Pump Operatory category-III as

piece-rated workers Grade-I and later re-

designating as General Mazdoor (surface) by

protecting wages in Cat-I instead of Cat-III with

effect from 6.4.1992 and 15.11.1994 respectively

is justified or not? To what relief the concerned

workman is entitled.?

The reference is numbered in this Tribunal as I.D.

No. 17/2012 and notices were issued to the parties.

2. The case stands posted for filing of claim

statement and documents.

3. Petitioner called absent. Claim statement not filed

and there is no representation. Inspite of receiving notice

twice, Petitioner is not appearing and taking interest in

the proceedings. In the circumstances, taking that

petitioner got no claim to be made, 'Nil'award is passed."

Award Passed accordingly. Transmit.

Typed to my dictation by Smt. P. Phani Gowari,

Personal Assistant, corrected by me on this the 29th day

of January, 2014.

M. VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence

Witnesses examined for

Witnesses examined for the

the Petitioner

Respondent

NIL

NIL

Documents Marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

3464

THE GAZETTE OF INDIA : MAY 3, 2014/VAISAKHA 13, 1936

[PART II—SEC. 3(ii)]

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djrh gS ] tks dsUnzh; ljdkj dks 22@04@2014 dks izkIr gqvk FkkA

[lañ ,y&22012@199@2012&vkbZvkj¼lh ,e&II½]

chñ,eñ iVuk;d] MsLd vfèdkjh

New Delhi, the 22nd April, 2014

S.O. 1329.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 13/

2013) of the Cent. Govt. Indus. Tribunal-cum-Labour

Court, Hyderabad as shown in the Annexure in the

Industrial dispute between the management of M/s.

Singareni Collieries Co. Limited, and their workman,

received by the Central Government on 22/04/2014.

[No. L-22012/199/2012-IR(CM-II)]

B.M. PATNAIK, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT

HYDERABAD

PRESENT : Smt. M. VIJAYA LAKSHMI, Presiding Officer

Dated the 19th day of March, 2014

INDUSTRIAL DISPUTE NO. I.D. 13/2013

BETWEEN:

The President,

(Sri Bandari Satyanarayana)

Telangana Trade Union Council,

H.No.- 5-295, Indra Nagar,

Opp. Bus Stand, Mancherial,

Adilabad Dist. - 504208

......... Petitioner

AND

The General Manager,

M/s. Singareni Collieries Company Limited,

Sreerampur Area, Sreerampur ,

Adilabad Distt.-504292

....Respondent

APPEARANCES :

For the Petitioner

:

NIL

For the Respondent

:

M/s P.A.V.V.S. Sarma &

Vijaya Lakhsmi Panguluri,

Advocates

AWARD

The Government of India, Ministry of Labour by its

order No. L-22012/199/2012-IR(CM-II) dated 30.11.2012

referred the following dispute between the management of

M/s. Singareni Collieries Company Ltd., and their workman

under section 10(1)(d) of the I.D. Act, 1947 for adjudication

to this Tribunal. The reference is,

SCHEDULE

"Whether the action of the Chief General Manager

of M/s. Singareni Collieries Company Ltd.,

Sreerampur Area, Sreerampur, Adilabad District in

terminating the services of Shri Siddam Muthyalu,

Ex-Coal Filler, RK-6 Inc., SCCL, Sreerampur Area

with effect from 18.11.1998 is justified or not? To

what relief the applicant is entitled for?"

The reference is numbered in this Tribunal as I.D.

No. 13/2013 and notices were issued to the parties.

2. The case stands posted for filing of claim

statement and documents.

3. Petitioner called absent and there is no

representation. Claim statement not filed. Inspite of giving

fair opportunity again and again Petitioner is not taking

interest in the proceedings and is not making any claim.

In the circumstances, taking that there is no claim to be

made, 'Nil'award is passed.

Award passed accordingly. Transmit.

Typed to my dictation by Smt. P. Phani Gowari,

Personal Assistant, corrected by me on this the 19th day

of March, 2014.

M. VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence

Witnesses examined for

Witnesses examined for

the

the Petitioner

Respondent

NIL

NIL

Documents Marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 3] 2014@oS'kk[k 13] 1936

3465

ubZ fnYyh] 22 vizSy] 2014

dkñ vkñ 1330-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ,lñ lhñ lhñ

,yñ 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;] gSnjkckn ds iapkV ¼lanHkZ la[;k 15@2013½

dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 22@04@2014 dks izkIr

gqvk FkkA

[lañ ,yñ 22012@206@2012&vkbZ vkj ¼lh&,e&II½]

chñ,eñ iVuk;d] MsLd vf/kdkjh

New Delhi, the 22nd April, 2014

S.O. 1330.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No.15/

2013) of the Cent. Govt. Indus. Tribunal-cum-Labour

Court, Hyderabad as shown in the Annexure, in the

industrial dispute between the management of M/s.

Singareni Collieries Co. Ltd., and their workmen, received

by the Central Government on 22/04/2014.

[No. L-22012/206/2012-IR(CM-II)]

B.M. PATNAIK, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

AT HYDERABAD

PRESENT : Smt. M. VIJAYA LAKSHMI, Presiding Officer

Dated the 19th day of March, 2014

INDUSTRIAL DISPUTE No. I.D. 15/2013

BETWEEN:

The President,

(Sri Bandari Satyanarayana)

Telangana Trade Union Council,

H.No.- 5-295, Indra Nagar,

Opp. Bus Stand, Mancherial,

Adilabad Dist. - 504208

......... Petitioner

AND

The General Manager,

M/s. Singareni Collieries Company Limited,

Bellampally Area, Goleti Township,

Adilabad Distt.-504292

....Respondent

APPEARANCES:

For the Petitioner

:

NIL

For the Respondent

:

M/s P.A.V.V.S. Sarma &

Vijaya Lakhsmi Panguluri,

Advocates

AWARD

The Government of India, Ministry of Labour by its

order No. L-22012/206/2012-IR(CM-II) dated 4.12.2012

referred the following dispute between the management of

M/s. Singareni Collieries Company Ltd., and their workman

under section 10(1)(d) of the I.D. Act, 1947 for adjudication

to this Tribunal. The reference is,

SCHEDULE

"Whether the action of the Chief General Manager,

M/s. Singareni Collieries Company Ltd.,

Bellampally Area, Goleti Township, Adilabad

District in disempanelling Shri Rangu Mallaiah, Ex-

Coal Filler, MVK-5 Inc., SCCL, Bellampalli Area

with effect from 20.9.2000 is justified or not? To

what relief the applicant is entitled for?"

The reference is numbered in this Tribunal as I.D.

No. 15/2013 and notices were issued to the parties.

2. The case stands posted for filing of claim

statement and documents.

3. Petitioner called absent and there is no

representation. Claim statement not filed. In spite of

giving fair opportunity again and again Petitioner is not

taking interest in the proceeding and is not making any

claim. In the circumstances, taking that there is no claim

to be made, 'Nil' award is passed.

Award passed accordingly. Transmit.

Typed to my dictation by Smt. P. Phani Gowri,

Personal Assistant, corrected by me on this the 19th day

of March, 2014.

M. VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence

Witnesses examined for

Witnesses examined for

the

the Petitioner

Respondent

NIL

NIL

Documents Marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

3466

THE GAZETTE OF INDIA : MAY 3, 2014/VAISAKHA 13, 1936

[PART II—SEC. 3(ii)]

ubZ fnYyh] 22 vizSy] 2014

dkñ vkñ 1331-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ,lñ lhñ lhñ

,yñ 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;] gSnjkckn ds iapkV ¼lanHkZ la[;k 16@2013½

dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 22@04@2014 dks izkIr

gqvk FkkA

[lañ ,yñ 22012@205@2012&vkbZ vkj ¼lh,e&II½]

chñ,eñ iVuk;d] MsLd vf/kdkjh

New Delhi, the 22nd April, 2014

S.O. 1331.—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,

Hyderabad as shown in the Annexure, in the industrial

dispute between the management of M/s. Singareni

Collieries Co. Ltd., and their workmen, received by the

Central Government on 22/04/2014.

[No. L-22012/205/2012-IR(CM-II)]

B.M. PATNAIK, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

AT HYDERABAD

PRESENT : Smt. M. VIJAYA LAKSHMI, Presiding Officer

Dated the 19th day of March, 2014

INDUSTRIAL DISPUTE No. I.D. 16/2013

BETWEEN:

The President,

(Sri Bandari Satyanarayana)

Telangana Trade Union Council,

H.No.- 5-295, Indra Nagar,

Opp. Bus Stand, Mancherial,

Adilabad Dist. - 504208

......... Petitioner

AND

The General Manager,

M/s. Singareni Collieries Company Limited,

Bellampally Area, Goleti Township,

Adilabad Distt.-504292

....Respondent

APPEARANCES:

For the Petitioner

:

NIL

For the Respondent

:

M/s P.A.V.V.S. Sarma &

Vijaya Lakhsmi Panguluri,

Advocates

AWARD

The Government of India, Ministry of Labour by its

order No. L-22012/205/2012-IR(CM-II) dated 4.12.2012

referred the following dispute between the management of

M/s. Singareni Collieries Company Ltd., and their workman

under section 10(1)(d) of the I.D. Act, 1947 for adjudication

to this Tribunal. The reference is,

SCHEDULE

"Whether the action of the Chief General Manager,

M/s. Singareni Collieries Company Ltd.,

Bellampally Area, Goleti Township, Adilabad

District in disempanelling Shri Thokala Ramulu, Ex-

Coal Filler, Galeti-I Inc., SCCL, Bellampalli Area

with effect from 12.5.2005 is justified or not? To

what relief the applicant is entitled for?"

The reference is numbered in this Tribunal as I.D.

No. 16/2013 and notices were issued to the parties.

2. The case stands posted for filing of claim

statement and documents.

3. Petitioner called absent and there is no

representation. Claim statement not filed. In spite of

giving fair opportunity again and again Petitioner is not

taking interest in the proceeding and is not making any

claim. In the circumstances, taking that there is no claim

to be made, 'Nil' award is passed.

Award passed accordingly. Transmit.

Typed to my dictation by Smt. P. Phani Gowri,

Personal Assistant, corrected by me on this the 19th day

of March, 2014.

M. VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence

Witnesses examined for

Witnesses examined for

the

the Petitioner

Respondent

NIL

NIL

Documents Marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 3] 2014@oS'kk[k 13] 1936

3467

ubZ fnYyh] 25 vizSy] 2014

dkñvkñ 1332-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj LVsV c®d vkWQ

=koudksj izcaè ra= ds laca) fu;kstdksa vkSj muds deZdkjksa ds chp]

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

vf/kdj.k] vjukdqye ds iapkV ¼lanHkZ la[;k 18@2012½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 26@03@2014 dks izkIr gqvk FkkA

[lañ ,yñ&12012@30@2011&vkbZ vkj ¼ch&I½]

lqefr ldykuh] vuqHkkx vfèdkjh

New Delhi, the 25th April, 2014

S.O. 1332.—In pursuance of Section 17 of the

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

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

2012) of the Central Govt. Indus. Tribunal-cum Labour

Court, Ernakulam as shown in the Annexure, in the

industrial dispute between the management of State Bank

of Travancore and their workmen, received by the Central

Government on 26/03/2014.

[No. L-12012/30/2011-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

ERNAKULAM

PRESENT:

Shri D. Sreevallabham, B,Sc., LL.B.,

Presiding Officer

(Wednesday the 26th day of February, 2014/07th

Phalguna 1935)

I.D. 18/2012

Workman

:

Smt. Sarasamma

W/o Thankappan

Paradayil Veedu

Kuravankuzhy PO

Pullad, Thiruvalla

Kerala State

By Adv. A V Xavier

Managemen

:

The Managing Director

State Bank of Travancore

Head Office

Poojappura

Trivandrum

By Adv. P Ramakrishnan

This case coming up for final hearing on 26.02.2014

and this Tribunal-cum-Labour Court on the same day

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-12012/30/

2011-IR(B-I) dated 29.03.2012 referred the following

industrial dispute for adjudication to this tribunal.

2. The dispute is:

"Whether the action of the management of State Bank

of Travancore, Kozhenchery Branch in terminating

the services of Smt. Sarasamma w.e.f. 19.05.2010 is

legal and justified? To what relief the Smt. Sarasamma

is entitled?"

3. After appearance of both the parties and

submission of pleadings the case was posted in the Lok

Adalath as agreed to by both the parties. In the Lok Adalath

there was a full and final settlement of all the claims and

both the parties jointly filed compromise. Hence an award

can be passed accepting the compromise.

4. In the result an award is passed as per the terms

of the compromise and the compromise will form part of

the award.

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 26th

day of February, 2014.

D. SREEVALLABHAM, Presiding Officer

APPENDIX-NIL

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT,

ERNAKULAM

ID NO. 18/2012

Smt. Sarasamma,

W/o Thankappan,

Paradayil Veedu,

Kuravankuzhy P.O.,

Pullad, Thiruvalla,

Kerala State.

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

Vs.

The Managing Director,

State Bank of Travancore,

Head Office, Poojappura,

Trivandrum.

.........Management

The matter was taken up in Lok Adalat and the parties

agreed to settle the dispute on the following terms:—

1. The management agrees to pay a sum of Rs. 50,000

(Rupees Fifty thousand only), to the workman in full

and final settlement of all the claims of the worker

3468

THE GAZETTE OF INDIA : MAY 3, 2014/VAISAKHA 13, 1936

[PART II—SEC. 3(ii)]

against the Management.

2. Upon receiving the said amount, the worker will not

have any further monetary claim or claim for

employment against the Management in connection

with her alleged employment under the Management.

3. A Banker's Cheque for Rs. 50,000/- (Rupees Fifty

Thousand only) bearing No. 525899 dated

07.02.2014 favouring Smt. Sarasamma drawn on State

Bank of Travancore, Kottayam Civil Station Branch

is handed over to the worker on this day towards full

and final settlement of all claims of the worker in I.D.

No. 18/2012.

Dated this the 20th day of February, 2014.

Workman:

Management:

Sd/-

Sd/-

Cousel for Workman:

Counsel for

Management:

Sd/-

Sd/-

ubZ fnYyh] 25 vizSy] 2014

dkñvkñ 1333-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj LVsV c®d vkWQ

gSnjkckn 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] gSnjkckn ds iapkV lanHkZ la[;k ¼uñ ,y lh 73@2006]

14@2007½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 16@04@2014

dks izkIr gqvk FkkA

[lañ ,y&12012@20@2006&vkbZ vkj ¼ch&I½]

lqefr ldykuh] vuqHkkx vfèdkjh

New Delhi, the 25th April, 2014

S.O. 1333.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (No. LC 73/2006

& ID 14/2007) of the Central Govt. Indus. Tribunal-cum

Labour Court, Hyderabad as shown in the Annexure, in

the industrial dispute between the management of State

Bank of Hyderabad and their workmen, received by the

Central Government on 16/04/2014.

[No. L-12012/20/2006-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR

COURT, ERNAKULAM

PRESENT:

Smt. M. Vijayan Lakashmi,

Presiding Officer

Dated the 28th day of February, 2014

COMMON AWARD

IN

INDUSTRIAL DISPUTE Nos.

L.C. 73/2006 AND ID. 14/2007

BETWEEN:

Sri A. Ramesh

S/o A. Sailoo,

C/o A.P. Industrial Employees Union,

"House of Labour", King Kothi Road,

Hyderabad-29.

.....Petitioner

AND

1. The Dy. General Manager,

Personnel Department,

State Bank of Hyderabad,

Gunfoundry, Head Office,

Hyderabad.

2. The Branch Manager,

State Bank of Hyderabad,

Nallakunta Branch,

Nallakunta,

Hyderabad

.....Respondents

APPEARANCES:

For the Petitioner

:

M/s. V. Viswanatham & R.

Dushyantla, Advocates

For the Respondent

:

Sri A.V.S.S. Prasad, Advocate

COMMON AWARD

Sri A. Ramesh invoking Sec. 2A(2) of Industrial

Disputes Act, 1947 (who will be referred to as workman)

has filed this petition against the Respondents seeking

for passing an award directing the Respondent to reinstate

the Petitioner into service from 1.6.2006 with full back

wages and all other attendant benefits with continuity of

service and to pay interest @ 12% p.a. on the back wages

and costs.

2. While so a reference in ID No. 14/2007 has been

received by this forum from Government of India,

Ministry of Labour and Employment, New Delhi vide

order No.L-12012/20/2006-IR(B-I) dated 19.1.2007,

whereunder, this forum has been invited to give award on

the questions of,

"Whether the action of the management of State

Bank of Hyderabad, not regularising the services

of Sri A. Ramesh, Casual Labour, working since

1997 is legal and justified? If not, what relief the

workman is entitled to?"

By virtue of the order dated 30.9.2008, these two

cases i.e., LC 73/2006 and ID 14/2007 were clubbed

together and the proceedings were conducted commonly

for both these matters in LC 73/2006.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 3] 2014@oS'kk[k 13] 1936

3469

3. No specific claim statement has been filed by the

Petitioner in ID 14/2007.

4. The averments made in LC 73/2006 filed by the

Petitioner in brief are as follows:

Petitioner was appointed by the 2nd Respondent

with the consent and permission of the 1st Respondent

on 10th June, 1997 as casual labour and his last drawn

wages was Rs. 50/- per day, whereas casual labours working

at Gunfoundry Branch and Kakatiyanagar Branch are being

paid wages @ Rs. 130/- per day. Petitioner was pleading

since long time that he was being paid less wages. He

worked with the Respondent continuously but as per their

usual practice no written orders were issued. He was never

engaged in the exigencies of the work as and when

necessary and was never paid same amount as per the work,

without hindrance he entered into the bank along with the

regular employees and performed duties entrusted to him

by the 2nd Respondent. But he was deprived equal pay for

equal work. He completed 240 days in every calendar year.

He used to work from 10 AM to 11.30 PM to help and

assist the staff in finalizing the work, after banking hours.

2nd Respondent appreciated his work and in the year 1998

forwarded Petitioner's application for absorption on

4.4.2002. This document clearly show that there is no

break in service of the Petitioner from 1997. Since his

services were not regularized inspite of several

representations though Respondents regularized services

of several others without the media of Employment

Exchange. He approached his union who in turn raised a

dispute under Sec. 2k for regularization before the

Conciliation Officer, Assistant Labour Commissioner (C)

who admitted the dispute and as the conciliation failed,

he closed proceedings and submitted report to the

government vide their letter 24.1.2006. Respondent not

only paid less wages but also deprived the Petitioner of

payment of bonus, whereas there are orders in the shape

of circular by the Respondents that the casual employees

are entitled for bonus. Having no alternative Petitioner

filed MP 49/2005 claiming for difference of the amount

due to him invoking Sec. 33 C (2) of the Industrial

Disputes Act, 1947. In the circumstances 2nd Respondent

with prejudiced mind has terminated the services of the

Petitioner orally from 1.6.2006 which is unfair labour

practice. On such illegal termination Petitioner issued

notice dated 2.6.2006 which the Respondents received

but there is no response from him. Such oral termination

of the Petitioner's service is illegal, inoperative and

improper and without any valid reason. Petitioner has

successfully completed continuous service from June,

1997 to 31.5.2006. Inspite of it Sec. 25F of the Industrial

Disputes Act, 1947 was not followed. He is entitled for

reinstatement into service. Hence, the petition.

5. Respondents filed their common counter in LC 73/

2006 and ID 14/2007, with the averments in brief as follows:

A.P. Industrial Employee Union does not have any

locus stand to file this case on behalf of the Petitioner, as it

is neither an association recognized by the Bank nor having

the employees of the bank as members. Further Petitioner is

not a workman as per Industrial Disputes Act, 1947. He is not

an employee of the bank. As such, petition is liable to be

dismissed. Further as per the verdict of the Hon'ble Supreme

Court of India in the case of Secretary, State of Karnataka

and others (Vs.) Umadevi and three others, reported in at

(2006) 4 SCC page 1, casual labour/temporary employee

do not have any right to regular or permanent public

employment as they accepted the employment fully knowing

the nature of their employment at their own violation and

with eyes open as to the nature of their illegal employment,

which is not as per constitutional provisions and the

appointment is not as per due process of selection as

envisaged by the relevant rules and also held that the courts

should not perpetuate illegalities, irregularities or

improprieties. Thus, the petition under Section 2A(2) of

Industrial Disputes Act, 1947 is not maintainable in law or

on facts. The contention of the Petitioner that he was

employed on casual basis since 1997 by the 2nd Respondent

and 2nd Respondent was making payment of Rs. 50/- per

day though the casual labours working in the other branches

like Kakatiyanagar branch and Gunfoundry branch are being

paid more wages, that Petitioner was working continuously

without any break and completed 240 days in a calendar

year, that he made request for written letter of appointment

and for correct wages and was assured of the same and was

not granted the same, that 2nd Respondent extracted the

work from 10AM to 11.30PM without giving any break are

all incorrect. Petitioner never worked for 240 days in a

calendar year and he was never employed in the year 1997

nor terminated on 1.6.2006. Payment of wages made to

casual workers of Kakatiyanagar branch and Gunfoundry

branch were covered by some orders which were passed by

competent courts basing on the records. Placing the

Petitioner with such persons stating that their respective

cases are identical is incorrect and is not maintainable in

Law and on facts. The present claim petition is filed as

counter making claims which got nothing to the state of

affairs concerning the Petitioner who is a daily employee

and whose services were utilized as and when need arose is

not at all correct. The documents relied upon by the

Petitioner are self-serving and they are not official record

of the bank. The mode and manner in which such documents

were obtained in not made out. Notice for termination dated

2.6.2006 given by the Petitioner is an after thought with a

mind set for filing the present petition. Provisions of

Industrial Dispute Act, 1947 are not applicable to him as

the Petitioner is not a permanent employee and

3470

THE GAZETTE OF INDIA : MAY 3, 2014/VAISAKHA 13, 1936

[PART II—SEC. 3(ii)]

since his claim that he successfully continued in service

from June, 1997 to 31.5.2006 and that he was terminated on

1.6.2006 are all incorrect. He was engaged on casual basis

as and when work arose, in the branch due to various

reasons. His claim that his services were terminated to

harass him as he approached courts is far from truth and

it is an attempt to abuse due process of law. He was never

appointed by the bank nor appointment letter was issued

to him. He was paid as per the norms and understanding of

the work done. He was engaged to do the work which is

casual in nature and which arise intermittently. For doing

regular work bank recruits staff by complying with the

provisions stipulated after taking into account the

guidelines issued by the Government of India from time

to time in accordance with constitutional provisions. As

such, employment itself is illegal. Therefore, the

reinstatement into service can not be claimed that too

with full back wages and attendant benefits with continuity

of service and also interest. Government of India, Ministry

of Finance, Department of Economic Affairs (Banking

Division) had issued circular dated 6.8.1990 directing the

recruitment of temporary employees in the clerical/

subordinate cadre shall be stopped forthwith. For the staff

which was then on the rolls of the banks, they shall be

regularized as provided in the approach paper in terms of

the circular issued at that time. These are all specific

directions of Banks to make temporary appointment till

the problem of existing temporary employees is fully

resolved and for future requirements, Banks would have

to approach Government and would have go by such

modalities as would be laid down by the Government

through regular process of recruitment enshrined in the

constitution. Engagement of Petitioner is illegal because

such appointments on casual basis were obtained by the

Petitioner without following the procedure of their names

being forwarded by the Employment Exchange, without

following the rule of reservation and the procedure for

appointment of employees in the subordinate cadre as

prescribed by the rules of the Respondent bank. Further,

as per the verdict of Hon'ble Supreme Court the candidates

lack any eligibility of qualification in any manner it would

not possible to consider for regularizations as casual

labours and that long duration of service would also not

be relevant condition to regularize the service.

Appointment against non-existent vacancy is also not

maintainable and such person is entitled for regularization.

In this case there was no vacancy in the regular basis but

the Petitioner was engaged on daily wages basis to meet

the exigencies. Even such employment can not be

regularized unless regularized through prescribed

procedure. Daily wage labourers whose services were

engaged on the basis of need of work, such termination

does not constitute as retrenchment. Such termination is

not arbitrary as they are need based. It is well settled

principle that an appointment made in violation of

mandatory provisions constituted and non-possession of

minimum educational or technical qualifications and

other essential qualifications etc., would be wholly illegal.

Those who come by back door should go through the

door. Since Petitioner has been engaged to meet the

exigencies only he is not a workman and he is not entitled

for equal emoluments or equal pay to that of regular

employees. Regularization can not be claimed as a matter

of right, specially when it is illegal appointment. Petition is

liable to be dismissed with exemplary costs.

6. To substantiate the contentions of the Petitioner

WW1 was examined and Ex. W1 to W3 were marked.

Ex. W1 is the application forwarded by the Branch

Manager. Ex. W2 is the list of casual employees who were

regularized. Ex. W3 is the representation to the Bank

Mnager dated 2.6.2006. On behalf of the management

MW1 was examined. No documentary evidence has been

produced by the management.

7. Heard the arguments of the either party. Written

arguments were also filed by the Petitioner and the same

are received and considered.

8. Point that arises for determination is:

Whether the Petitioner is workman and whether

termination of his services is legal and justified? If so, to

what relief the Petitioner is entitled?

9. Point:

As far as the present dispute is concerned, through

Ex. W1 to W3 coupled with his own oral evidence as

WW1, Petitioner could established before this court that

he has been working as casual labour with the Respondent

bank since June, 1997 and management could not produce

any material evidence against the contention of the

Petitioner that he worked with the Respondent from

10.6.1997 to 31.5.2006. Thus, it can safely be taken that

Petitioner has worked with the Respondent bank since

June, 1997 as casual labour and therefore, he is a workman

for all purposes. Contra contentions of the Respondent

are not acceptable.

10. As can he gathered from the material on record,

Petitioner who applied for his absorption in bank's regular

service by making applications time and again, has raised

an industrial dispute seeking for regularization of his

service with the Respondent bank by approaching

Assistant Labour Commissioner (C). Assistant Labour

Commissioner (C) has made efforts to conciliate the

matter, and evidently such conciliation proceedings failed.

11. While things stood so, istead of regularising the

Petitioner's services, the Respondent bank has chosen to

remove him from service abruptly w.e.f. 1.6.2006. There

on Petitioner is constrained to approach this forum by filing

this dispute seeking for his reinstatement into service.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 3] 2014@oS'kk[k 13] 1936

3471

12. Evidently and admittedly there is no compliance

of Sec. 25F of Industrial Disputes Act, 1947 while removing

the Petitioner from service. It is the contention of the

Respondent that since the Petitioner is not a workman and

Industrial Disputes Act, 1947 does not apply to him, there

was no compliance of Sec. 25F of Industrial Disputes Act,

1947.

13. As already observed above, the material on record

clearly discloses that Petitioner has been in continuous

service as casual labour with the Respondent since June,

1994 and thus he is a workman. Thus, the provisions of

Industrial Disputes Act, 1947 will apply to him, therefore,

his retrenchment/removal from service without complying

with Sec. 25F of the Industrial Disputes Act, 1947 is certainly

illegal, unjust and arbitrary.

14. It is the contention of the Respondent that the

principles laid down in the cases of Official Liquidator Vs.

Dayanand and others (2008) 10 SCC page 1 whereunder

principles laid down in the case of Umadevi Vs. State of

Karnataka (2006) 4 SCC page 1 has been upheld, are

applicable to the present case and that Petitioner is not

entitled for the relief sought for.

15. In the above cited cases Hon'ble Supreme Court

has considered the acceptable mode of public employment

and non acceptable regularization of services of the

persons who entered into the service by back door

methods, thereby defeating the opportunity of the general

public to compete for appointment to the said post etc.

Present dispute is an industrial dispute. Industrial Law is

totally different from Civil Law/Administrative Law.

Regularization of casual workman as regular workman

etc., are all governed by the Industrial laws, rules and

various circulars issued by the government from time to

time touching this aspects. Public employment under Civil

Law/Administrative Law is totally different.

16. Further more, in this case Petitioner is not

seeking for regularization of his service. What all he is

questioning is the correctness of abrupt termination of

his services when he questioned the inaction on the part

of the Respondent bank regarding his plea for

regularization of his services, that too without complying

with the Sec. 25F of the Industrial Disputes Act, 1947.

17. Inspite of their own admission in their counter

that "Government of India, Ministry of Finance,

Department of Economic Affairs (Banking Division) had

issued a circular No. F-3/3/104/87-IR dated 6.8.1990

directing that all recruitment of temporary employees in

the clerical/subordinate cadre shall be stopped forth with

and that for the staff which was then on the rolls of the

Banks, they shall be regularized as provided in the

approach paper in terms of the circular issued a that time,"

the Respondent bank, evidently failed to take appropriate

action in connection with the claims of the petition.

18. Anyway, the question whether Petitioner is

entitled for regularization of services or not is not the subject

matter in this petition. Even if the same is subject matter in

this petition, since it is an industrial dispute, the principles

laid down in the above cited cases are not applicable.

19. For all the above referred reasons, the principles

laid down in the above cited cases relied upon by the

Learned Counsel for the bank are not helpful to his

contentions in this case.

20. There are umpteen number of legal precedents

laid down by the Apex Court whereunder it is clearly laid

down that the workman who is removed from service

without complying with the mandatory conditions laid

down in Sec. 25F of the Industrial Disputes Act, 1947 is

to be ordered to be reinstated into service. Thus, the

Petitioner who is found to be a workman, is entitled to be

reinstated into service of the bank w.e.f. 1.6.2006 with

the benefit of continuous service. As far as back wages

are concerned, since he did not render his service to the

bank but not due to his own fault, he is entitled for atleast

50% of the back wages payable to him, but for the abrupt

and illegal removal from service.

This point is answered accordingly.

Result:

In the result, petition is allowed. Petitioner shall be

reinstated into service of the Respondent bank as casual

labour w.e.f. 1.6.2006 with continuity of service. He shall

be paid 50% of the back wages also forth with.

Award passed accordingly. Transmit.

Dictated to Smt. P. Phani Gowri, Personal Assistant

transcribed by her corrected by me on this the 28th day

of February, 2014.

M. VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence

Witnesses examined for

Witnesses examined for

the

the Petitioner

Respondent

WW1: Sri A. Ramkesh

MW1: Sri Mallela Srinivas

Documents marked for the Petitioner

Ex. W1:

Photostat copy of the application of the

Petitioner dt. 4.4.2002

Ex. W2:

Photostat copy of list of the 34 casual

employees of the State Bank of Hyderabad

Ex W3:

Photostat copy of representation dt. 2.6.2006

by the Petitioner to the DGM, Personnel

Department and Branch Manager, Nallakunta

branch.

Documents marked for the Respondent

NIL

3472

THE GAZETTE OF INDIA : MAY 3, 2014/VAISAKHA 13, 1936

[PART II—SEC. 3(ii)]

ubZ fnYyh] 25 vizSy] 2014

dkñvkñ 1334-—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj LVsV cSad vkWQ

gSnjkckn ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp

vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/

kdj.k] gSnjkckn ds iapkV (lanHkZ la[;k ,y lh 74@2006 12@2007½

dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 16@04@2014 dks izkIr

gqvk FkkA

[lañ ,y&12012@22@2006&vkbZ vkj ¼ch&I½]

lqefr ldykuh] vuqHkkx vfèdkjh

New Delhi, the 25th April, 2014

S.O.1334.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (No. LC 74/2006

& ID 12/2007) of the Cent. Govt. Indus. Tribunal-cum-

Labour Court, Hyderabad as shown in the Annexure, in

the Industrial dispute between the management of State

Bank of Hyderabad and their workmen, received by the

Central Government on 16/04/2014.

[No. L-12012/22/2006-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR

COURT AT HYDERABAD

PRESENT : Smt. M. VIJAYA LAKSHMI, Presiding Officer

Dated the 28th day of February, 2014

COMMON AWARD

IN

Industrial Dispute

Nos. L.C. 74/2006 and I. D. 12/2007

BETWEEN :

Sri J. Kiran Kumar,

S/o J. Omprakash,

C/o A.P. Industrial Employees Union,

"House of Labour", King Kothi Road,

Hyderabad-29.

..Petitioner

AND

1. The Dy. General Manager,

Personnel Department,

State Bank of Hyderabad,

Gunfoundry, Head Office,

Hyderabad.

2. The Branch Manager,

State Bank of Hyderabad,

Nallakunta Branch,

Nallakunta,

Hyderabad.

...Respondents

APPEARANCES:

For the Petitioner

:

M/s. V. Viswanatham & R.

Dushyantla, Advocates

For the Respondent

:

Sri A.V.S.S. Prasad, Advocate

COMMON AWARD

Sri J. Kiran Kumar invoking Sec. 2A(2) of Industrial

Disputes Act, 1947 (who will be referred to as workman)

has filed this petition against the Respondents seeking

for passing an award directing the Respondent to reinstate

the Petitioner into service from 1.6.2006 with full back

wages and all other attendant benefits with continuity of

service and to pay interest @ 12% p.a. on the back wages

and costs.

2. While so a reference in ID No. 12/2007 has been

received by this forum from Government of India,

Ministry of Labour and Employment, New Delhi vide

order No. L-12012/22-2006-IR (B-(I) dated 18.1.2007,

whereunder, this forum has been invited to give award on

the question of,

"Whether the action of the management of

Statement Bank of Hyderabad, not regularising the

services of Sri J. Kiran Kumar, Casual Labour, working

since 1999 is legal and justified? If not, what releif the

workman is entitled to?"

By virtue of the order dated 30.9.2008, these two

cases i.e. LC 74/2006 and ID 12/2007 were clubbed

together and the proceedings were conducted commonly

for both these matters in LC 74.2006.

3. No specific claim statement has been filed by

the Petitioner in ID 12/2007.

4. The averments made in LC 74/2006 filed by the

Petitioner in brief are as follows:

Petitioner was appointed by the 2nd Respondent

with the consent and permission of the 1st Respondent

from 18th August, 1999 as casual labour and his last drawn

wages was Rs. 50 per day, whereas casual labours working

at Gunfoundry Branch and Kakatiyanagar Branch are being

paid wages @ Rs. 130 per day. Petitioner was pleading

since long time that he was being paid less wages. He

worked with the Respondent continuously but as per their

usual practice no written orders were issued. He was never

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 3] 2014@oS'kk[k 13] 1936

3473

engated in the exigencies of the work as and when necessary

and was never paid same amount as per the work, without

hindrance he entered into the bank along with the regular

employees and performed duties entrusted to him by the

2nd Respondent. But he was deprived equal pay for equal

work. He completed 240 days in every calendar year. He

used to work from 10 AM to 11.30 PM to help and assist

the staff in finalizing the work, after banking hours. 2nd

Respondent appreciated his work and in the year 2002

forwarded Petitioner's application for absorption on

4.4.2002. This document clearly show that there is no

break in service of the Petitioner from 1999. Since his

services were not regularized inspite of serveral

representations though Respodents regularized services

of several others without the media of Employment

Exchange. He approached his union who in turn raised a

dispute under Sec. 2k for regularization before the

Conciliation Officer, Assistant Labour Commissioner (C)

who admitted the dispute and as the conciliation failed,

he closed proceedings and submitted report to the

government vide their letter 24.1.2006. Respondent not

only paid less wages but also deprived the Petitioner of

payment of bonus, whereas there are orders in the shape

of circular by the Respondents that the casual employees

are entitled for bonus. Having no alternative Petitioner

filed MP 50/05 claiming for difference of the amount

due to him invoking Sec. 33C(2) of the Industrial Disputes

Act, 1947. In the circumstances 2nd Respondent with

prejudiced mind has terminated the services of the

Petitioner orally from 1.6.2006 which is unfair labour

practice. On such illegal termination Petitioner issued

notice dated 2.6.2006 which the Respondents received

but there is no response from him. Such oral termination

of the Petitioner's service is illegal, inoperative and

improper and without any valid reason. Petitioner has

successfully completed continuous service from August,

1999 to 31.5.2006. Inspite of it Sec. 25F of the Industrial

Disputes Act, 1947 was not followed. He is entitled for

reinstatement into service. Hence, the petition.

5. Respondents filed their common counter in LC

74/2006 and ID 12/2007, with the averments in brief as

follows:

A.P. Industrial Employee Union does not have any

locus stand to file this case on behalf of the Petitioner, as it

is neither an association recognized by the Bank nor having

the employees of the bank as members. Further Petitioner

is not a workman as per Industrial Disputes Act, 1947. He is

not an employee of the bank. As such, petition is liable to be

dismissed. Further as per the verdict of the Hon'ble Supreme

Court of India in the case of Secretary, State of Karnataka

and others Vs. Umadevi and three otheres, reported in at

(2006) 4 SCC page 1, casual labour/temporary employee

do not have any right to regular or permanent public

employment as they accepted the employment fully

knowing the nature of their employment at their own

violation and with eyes open as to the nature of their illegal

employment, which is not as per constitutional provisions

and the appointment is not as per due process of selection

as envisaged by the relevant rules and also held that the

courts should not perpetuate illegalities, irregularities or

improprieties. Thus, the petition under Section 2A(2) of

Industrial Disputes Act, 1947 is not maintainable in law

or on facts. The contention of the Petitioner that he was

employed on casual basis since 1999 by the 2nd Respondent

and 2nd Respondent was making payment of Rs. 50 per

day though the casual labours working in the other branches

like Kakatiyanagar branch and Gunfoundry branch are

being paid more wages, that Petitioner was working

continuously without any break and completed 240 days

in a calendar year, that he made request for written letter of

appointment and for correct wages and was assured of the

same and was not granted the same, that 2nd Respondent

extracted the work from 10AM to 11.30 PM without giving

by break are all incorrect. Petitioner never worked for 240

days in a calendar year and he was never employed in the

year 1999 nor terminated on 1.6.2006. Payment of wages

made to casual workers of Kakatiyanagar branch and

Gunfoundry branch were covered by some orders which

were passed by competent courts basing on the records.

Placing the Petitioner with such persons stating that their

respective cases are identical is incorrect and is not

maintainable in Law and on facts. The present claim petition

is filed as counter making claims which got noting to the

state of affairs concerning the Petitioner who is a daily

employee and whose services were utilized as and when

need arose is not at all correct. The documents relied upon

by the Petitioner are self-serving and they are not official

record of the bank. The mode and manner in wich such

documents were obtained in not made out. Notice for

termination dated 2.6.2006 given by the Petitioner is an

after though with a mined set for filing the present petition.

Provisions of Industrial Disputes Act, 1947 are not

applicable to him as the Petitioner is not a permanent

employee and since his claim that he successfuly continued

in service from August, 1999 to 31.5.2006 and that he was

terminated on 1.6.2006 are all incorrect. He was engaged on

casual basis as and when work arose, in the branch due to

various reasons. His claim that his services were terminated

to harass him as he approached courts is far from truth and

it is an attempt to abuse due process of law. He was never

appointed by the bank nor appointment letter was issued

to him. He was paid as per the norms and understanding

of the work done. He was engaged to do the work which

is casual in nature and which arise intermittently. For doing

regular work bank recruits staff by complying with the

provisions stipulated after taking into account the

guidelines issued by the Government of India from time

to time in accordance with constitutional provisions. As

such, employment itself is illegal. Therefore, the

3474

THE GAZETTE OF INDIA : MAY 3, 2014/VAISAKHA 13, 1936

[PART II—SEC. 3(ii)]

reinstatement into service can not be claimed that too with

full back wages and attendant benefits with continuity of

service and also interest. Government of India, Ministry of

Finance, Department of Economic Affairs (Banking

Division) had issued circular dated 6.8.1990 directing the

recruitment of temporary employees in the clerical/

subordinate cadre shall be stopped forthwith. For the staff

which was then on the rolls of the banks, they shall be

regularized as provided in the approach paper in terms of

the circular issued at that time. These are all specific

directions of Banks to make temporary appointment till

the problem of existing temporary employees is fully

resolved and for future requirements, Banks would have

to approach Government and would have go by such

modalities as would be laid down by the Government

through regular process of recruitment enshrined in the

constitution. Engagement of Petitioner is illegal because

such appointments on casual basis were obtained by the

Petitioner without following the procedure of their names

being forwarded by the Employment Exchange, without

following the rule of reservation and the procedure for

appointment of employees in the subordinate cadre as

prescribed by the rules of the Respondent bank. Further,

as per the verdict of Hon'ble Supreme Court the candidates

lack any eligibility of qualification in any manner it would

not possible to consider for regularization as casual

labours and that long duration of service would also onot

be relevant condition to regularize the service.

Appointment against non-existent vacancy is also not

maintainable and such persons is not entitled for

regularization. In this case there was no vacancy in the

regular basis but the Petitioner was engaged on daily

wages basis to meet the exigencies. Even such

employment can not be regularized unless regularized

through prescribed procedure. Daily wage labourers

whose services were engated on the basis of need of work,

such termination does not constitute as retrenchment.

Such termination is not arbitrary as they are need based.

It is well settled principle that an appointment made in

violation of mandatory provisions constituted and non-

possession of minimum educational or technical

qualifications and other essential qualifications etc., would

be wholly illegal. Those who come by back door should

go through the door. Since Petitioner has been engaged

to meet the exigencies only he is not a workman and he is

not entitled for equal emoluments or equal pay to that of

regular employees. Regularization can not be claimed as

a matter of right, specially when it is illegal appointment.

Petition is liable to be dismissed with exemplary costs.

6. To substantiate the contentions of the Petitioner

WW1 was examined and Ex. W1 were marked. Ex. W1 is

the application forwarded by the Branch Manager. Ex. W2

is the list casual employees who were regularized. Ex.

W3 is the respresentation to the Bank Manager dated

2.6.2006. On bahalf of the management MW1 was examined.

No documentary evidence has been produced by the

management.

7. Heard the arguments of the either party. Written

arguments were also filed by the Petitioner and the same

are received and considered.

8. Point that arises for determination is:

Whether the Petitioner is workman and whether

termination of his services is legal and justified? If so, to

what relief the Petitioner is entitled?

9. Point:

As far as the present dispute is concerned, through

Ex W1 to W3 coupled with his own oral evidence as

WW1, Petitioner could establish before this court that

he has been working with the Respondent bank since

August, 1999 and management could not produce any

material evidence against the contention of the Petitioner

that he worked with the Respondent from 18th August,

1999 to 31.5.2006. Thus, it can safelty be taken that

Petitioner has worked as casual labour with the

Respondent bank since August, 1999 as casual labour and

therefore, he is a workman for all purposes. Contra

contentions of the Respondent are not acceptable.

10. As can be gathered from the material on record,

Petitioner who applied for his absorption in bank's regular

service by making applications time and again, has raised

an industrial dispute seeking for regularization of his service

with the Respondent bank by approaching Assistant Labour

Commissioner (C). Assistant Labour Commissioner (C)

has made efforts to conciliate the matter, and evidently

such conciliation proceedings failed.

11. While things stood so, instead of regularising

the Petitioner's services, the Respondent bank has chosen

to remove him from service abruptly w.e.f. 1.6.2006.

There on Petitioner is constrained to approach this forum

by filing this dispute seeking for his reinstatement into

service.

12. Evidently and admittedly there is no compliance

of Sec. 25F of Industrial Disputes Act, 1947, while

removing the Petitioner from service. It is the contention

of the Respondent that since the Petitioner is not a

workman and Industrial Dispute Act, 1947 does not apply

to him, there was no compliance of Sec. 25F of Industrial

Disputes Act, 1947.

13. As already observed above, the material on

record clearly discloses that Petitioner has been in

continuious service as casual labour with the Respondent

since August, 1999 and thus he is a workman. Thus, the

provisions of Industrial Disputes Act, 1947 will apply to

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 3] 2014@oS'kk[k 13] 1936

3475

him. Therefore, his retrenchement/removal from service

without complying with Sec. 25F of the Industrial Disputes

Act, 1947 is certainly illegal, unjust and arbitrary.

14. It is the contention of the Respondent that the

principles laid down in the cases of Official Liquidator Vs.

Dayanand and others (2008) 10 SCC page 1 whereunder

principles laid down in the case of Umadevi Vs. State of

Karnataka (2006) 4 SCC page 1 has been upheld, are

applicable to the present case and that Petitioner is not

entitled for the relief sought for.

15. In the above cited cases Hon'ble Supreme Court

has considered the acceptable mode of public employment

and non acceptable regularization of services of the

persons who entered into the service by back door

methods, thereby defeating the opportunity of the general

public to compete for appointment to the said post etc..

Present dispute is an industrial dispute. Industrial Law is

totally different from Civil Law/Administrative Law.

Regularization of casual workman as regular workman

etc., are all governed by the industrial laws, rules and

various circulars issued by the government from time to

time touching this aspects. Public employment under Civil

Law/Administrative Law is totally different.

16. Further more, in this case Petitioner is not

seeking for regularization of his service. What all he is

questioning is the correctness of abrupt termination of

his services, when he questioned the inaction on the part

of the Respondent bank regarding his plea for

regularization of his services, that too without complying

with the Sec. 25F of the Industrial Disputes Act, 1947.

17. Inspite of their own admission in their counter

that "Government of India, Ministry of Finance,

Department of Economic Affairs (Banking Division) had

issued a circular No. F-3/3/104/87-IR dated 6.8.1990

directing that all recruitment of temporary employes in

the clerical/subordinate cadre shall be stopped forth with

and that for the staff which was then on the rolls of the

Banks, they shall be regularized as provided in the

approach paper in terms of the circular issued at that time.",

the Respondent bank, evidently failed to take appropriate

action in connection with the claims of the Petitioner.

18. Anyway, the question whether Petitioner is

entitled for regularization of services or not is not the

subject matter in this petition. Even if the same is subject

matter in this petition, since it is an industrial dispute, the

principles laid down in the above cited cases are not

applicable.

19. For all the above referred reasons, the principles

laid down in the above cited cases relied upon by the

Learned Counsel for the bank are not helpful to his

contentions in this case.

20. There are umpteen number of legal precedents

laid down by the Apex Court whereunder it is clearly laid

down that the workman who is removed from service

without complying with the mandatory conditions laid

down in Sec. 25F of the Industrial Disputes Act, 1947 is

to be ordered to be reinstated into service. Thus, the

Petitioner who is found to be a workman, is entitled to be

reinstated into service of the bank w.e.f. 1.6.2006 with

the benefit of continuous service. As far as back wages

are concerned, since he did not render his service to the

bank but not due to his own fault, he is entitled for alteast

50% of the back wages payable to him, but for the abrupot

and illegal removal from service.

This point is answered accordingly.

Result:

In the result, petition is allowed. Petitioner shall be

reinstated into service of the Respondent bank as casual

labour w.e.f. 1.6.2006 with continuity of service. He shall

be paid 50% of the back wages also, forth with.

Award passed accordingly. Transmit.

Dictated to Smt. P. Phani Gowri, Personal Assistant

transcribed by her corrected by me on this the 28th day

of February, 2014.

M. VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence

Witnesses examined for

Witnesses examined for

the

the Petitioner

Respondent

WW1: Sri J. Kiran Kumar

MW1: Sri Mallela Srinivas

Documents marked for the Petitioner

Ex.W1:

Photostat copy of the application of the

Petitioner dt. 4.4.2002

Ex. W2:

Photostat copy of list of the 34 casual

employees of the State Bank of Hyderabad

Ex. W3:

Photostat copy of representation dt. 2.6.2006

by the Petitoner to the DGM, Personnel

Department and Branch Manager,

Nallakunta branch.

Documents marked for the Respondent

NIL

ubZ fnYyh] 25 vizSy] 2014

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dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dksj oS'; cSad

fyñ ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp

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3476

THE GAZETTE OF INDIA : MAY 3, 2014/VAISAKHA 13, 1936

[PART II—SEC. 3(ii)]

vfèdj.k] gSnjkckn ds iapkV ¼lanHkZ la[;k 80@2004½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 16@-4@2014 izkIr gqvk FkkA

[la- ,y- 12012@139@2004&vkbZvkj ¼ch&I)]

lqefr ldykuh] vuqHkkx vf/kdkjh

New Delhi, the 25th April, 2014

S.O. 1335.—In pursuance of Section 17 of the

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

Government hereby publises the Award (Ref. No.

80/2004) of the Cent. Govt. Indus. Tribunal-cum-Labour

Court, Hyderabad as shown in the Annexure, in the

industrial dispute between the management of Kaur Vysya

Bank Ltd. and their workmen, received by the Central

Government on 16/04/2014.

[No. L-12012/139/2004-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL-TRIBUNAL-CUM-LABOUR

COURT AT HYDERABAD

PRESENT : Smt. M. VIJAYA LAKSHMI, Presiding Officer

Dated, the 4th day of March, 2014

INDUSTRIAL DISPUTE NO. 80/2004

BETWEEN:

Sri S.V.S. Sarma,

D.No. 23-25-11/A, Sannidhanamvari Street

Satyanarayanapuram, Vijayawada.

.....Petitioner

AND

Executive Director,

Personnel Administration Dept.,

Karur Vysya Bank Limited,

Central Office, Erode Road,

Karur-639001

....Respondent

APPERANCES:

For the Petitioner

:

M/s. C. Niranjan Rao & M.

Subrahmanya

Sastry,

Advocates

For the Respondent

:

M/s. C.R. Sridharan, G.

Narender Reddy, S. Ramesh,

M. Srinivas Reddy & G.V.S.

Ganesh, Advocates

AWARD

The Government of India made a reference vide

order No. L-12012/139/2004-IR(B-I) dated 10.6.2004

requiring this forum to resolve the industrial dispute arose

in this case between the Management of Karur Vysya Bank

and their workman Sri S.V.S. Sarma, by giving an award

into the question.

SCHEDULE

"Whether the action of the Management of Karur

Vysya Bank Limited, Karur in dismissing from the

services of Sh. S.V.S. Sarma, Ex-clerk-cum-Cashier,

Dharmavaram Branch with effect from 14.12.2002 is

justified? If not, to what relief the workman is

entitled?"

After receiving the reference, this Tribunal has

registered and numbered it as I.D. No. 80/2004 and issued

notice to either party. They both appeared before the court

and engaged their respective counsels with the leave of

the court and consent of either party.

2. Petitioner filed his claim statement with the

averments in brief as follows:

Petitioner has joined the service of Respondent

bank as sub-staff on 14.1.1984 and rendered his services

with unblemished record and to the satisfaction of the

Management. His services were made permanent as

attender and thereafter recognised his merit and excellent

service record he was promoted as a clerk in course of

time and he continued to work hard maintaining

unblemished service. While so on 10.4.2000, while he

was working as cashier at the Branch due to heavy work

and cash payments there required the assistance of a

second cashier which was not provided by the

Management. Due to heavy work as a single cashier

without any assistance Petitioner suffered loss of

Rs. 48,000 on the said day. Said amount was recovered

from his salary monthly which worsened the mental

condition of the Petitioner and he suffered mental

depression from that day. While so, the Branch Manager

made a report alleging certain acts against the Petitioner

from 17.8.2001 to 24.8.2001 and also made allegations of

behaving in discourteous manner and exhibiting

insubordination. It was also reported by the Branch

Manager that Petitioner entered into a wager with some

unnamed persons and walked naked on the streets of

Dharmavaram etc. Acting on the basis of the motivated

complaint of the Branch Manager, one Sri A.S. Vasudevan,

Assistant General Manager, Bangalore visited and

submitted his investigation report to the effect that

Petitioner is guilty of serious misconducts of behaving

with Branch Managing in a discourteous manner,

exhibiting insubordination, failing to show proper

consideration and courtesy towards the Branch

Manager and walking/roaming naked on the streets

of Dharmavaram. The Petitioner was kept under

suspension and disciplinary proceedings were initiated

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3477

against him. Thereafter Chief Manager issued a chargesheet

dated 24.10.2001. Petitioner is not at all involved in such

charges levelled against him and he denied the charges.

An enquiry was conducted agasint the Petitioner. One Sri

Ashok Vennelakanti, Manager, Legal Department of the

Respondent bank was appointed as Enquiry Officer. Two

witnesses were examined during enquiry. Both of them

seniors officials and are higher in rank to that of the Enquiry

Officer. Disciplinary Authority was the Chief Manager,

whereas Sri A.S. Vasudevan was superior officer to the

Enquiry Officer and also Disciplinary Authority. Therefore,

Enquiry Officer and Disciplinary Authority are under the

influence of Sri A.S. Vasudevan. Five documents were

marked during enquiry. First two of them were letters of the

Branch, 3rd document was letter from the Divisional Office,

4th documents was the letter addressed by the Central

Office of the Bank to the applicant and the 5th document

was the reply to the applicant to the said letter. Therefore,

there was absolutely no evidence in support of the charges.

A show cause notice was issued by the Chief Manager

dated 8.7.2002 regarding findings of the Enquiry Officer.

Petitioner gave reply to the same. A newspaper publication

was also relied upon by the Management. Though

Petitioner was no where referred in the said news items.

No effort was made to prove the contents of the news

publication. The customers whose names are mentioned

in the chargesheet were also not examined during enquiry.

The other officials who are also mentioned therein were

not examined. Petitioner cross examined the witnesses

who are examined. Material witnesses are not examined.

But the Enquiry Officer proceeded in a grossly biased

manner and submitted a report holding the Petitioner

guilty of the charges. He could not apply his mind instantly

to the material on the record as he is junior to the

witnesses examined during the enquiry. He had no

discretion to assess the evidence instantly and to give

correct findings. No independent witnesses were

examined. The Enquiry Officer himself admitted in his

findings at page 7 para 2 of his report that evidence adduced

is only here say evidence. But inspite of it he found the

Petitioner guilty of misconduct. Without considering the

contents of the reply of the Petitioner given to show cause

notice dated 8.7.2002, second show cause notice dated

8.10.2002 was issued by the Disciplinary Authroity

proposing the punishment of removal from service. A

detailed reply has been given by the Petitioner on

24.10.2002 but the Respondent is failed to consider the

same and final order dated 14.12.2002 was issued

dismissing the Petitioner from service. Aggrieved by the

same, Petitioner preferred an appeal before the Appellate

Auhority but said appeal also was dismissed inarbitrarily

hearing the Presenting Officer though he go nothing to

do with the appeal. Further the Appellate Authority denied

reasonable opportunity to the Petitioner to participate in

the said appeal proceedings with the help of any defence

assistant. The Appellate Authority admitted that Chief

Manager was subordinate to the Assistant General

Manager who was primary witness of the Management

and also that the witnesses examiend by the bank were

seniors to the Enquiry Officer but he asserted that the

Disciplinary Authority was not influenced. He was

predetermined to dismiss the appeal. The lapse if at all

occurred was occurred by the Petitioner was under serious

mental depression and was undergoing treatment with the

Psychiatrist. The enquiry conducted was not fair.

Petitioner was not fairly treated at the hands of the

Disciplinary Authority. He was a psychiatric patient and

was undergoing treatment with the Psychiatrist. This

information is also available in the service records of the

Petitioner. He has two grown up daughters whose

marriages are to be performed by him. He hahs also to

support his aged parents. Thus, his acts were ought to have

been condoned. Hence, the claim.

3. Respondents filed their counter statement with

the averments in brief as follows:

The enquiry was conducted validly and properly

against the Petitioner and fully in accordance with law

and the principles of natural justice. In view of the hopeless

and adverse past service record coupled with the grave

acts of misconduct proved against his beyond any

reasonable doubt he was dismissed froms service and he

is not entitled to any indulgence from the court. Dismissal

order is not liable to be interfered with under any

circumstances. Petitioner was reported to have committed

certain serious acts of misconduct which include that he

disobeyed the orders of the superiors, indulged in certain

acts prejudicial to the interests of the bank. In view of the

gravity of the acts of the misconduct reported against the

Petitioner, the Respondent bank issued the chargesheet

dated 24th October, 2001. The charges include meddling

with bank records unauthorizedly, being disrespectful and

disobedient towards his superiors, walking named on

22.8.2001 from Panduranga Circle through Gandhi Nagar,

Kothapetta to Tarakaramapuram for a consideration of

Rs. 50,000 lowering the dignity of the bank in the eyes of

the public. Petitioner submitted his explanation which is

not satisfactory. Therefore, regular departmental enquiry

was ordered against him. Sri Ashok Vennelakanti, Manager-

Legal Department was appointed as Enquiry Officer.

Enquiry was conducted in the presence of the Petitioner.

Petitioner appointed a defence representative. They were

given opportunity to produce their defence evidence and

they reported that they have no defence witness. Petitioner

actively participated in the enquiry with the assistance of

his defence assistant chosen by him who cross examined

both the Management witnesses. The contents of the

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[PART II—SEC. 3(ii)]

chargesheet were clearly explained to the Petitioner. Thus,

Petitioner was given all opportunities to fully participate

in the enquiry and he availed the same. Thereafter, Enquiry

Officer has given his report finding the Petitioner guilty

of all charges. The report and finding of the Enquiry

Officer were forwarded to the Petitioner advising him to

make representation if any. He submitted his objections.

Considering the fidings of the Enquiry Officer and the

objections of the Petitioner, Disciplinary Authority

proposed to award the punishment of "Dismissal from the

service of the bank without notice" and issued show cause

notice to the Petitioner for such proposal. Petitioner

S.No. Particulars of chargesheet and the misconduct

Particulars of punishment orders

1.

Chargesheet dated 13.8.1996 for misappropriation

Order dated 17.4.1997 stopping the next one increment,

of Rs. 5,000 from the Bank's cash

without the effect of postponing his future increments

2.

Chargesheet dated 21.9.1998 for:

Order dated 16.9.1998:-

(a) Wilful slowing down in performance of work;

(a)

reduction of b basic pay by two stages; and

and

(b) Negligence in peforming duties

(b)

postponement of next one increment for a period

of six months

3.

Chargesheet dated 1.12.1998 for disorderly or

Order dated 9.4.1999, reduction of basic by two stages

indecent behaviour on the premises of the Bank

with immeidate effect

4.

Chargesheet dated 20.10.2000 for disorderely or

Order dated 21.8.2001:

indecent behaviour on the premsies of the Bank

(a)

reduction of basic pay by one stage;

(b)

warning; and

(c)

postponement of next one increment for a period

six months

5.

Chargesheet dated 28.2.2001 for:

Order dated 24.3.2001 issuing warning

(a)

absence without leave; and

(b)

irregular attendance

availed another opportunity of personal hearing on

24.10.2002 but he did not/could not give any convincing

and satisfactory answers, the proposed punishment was

confirmed. Particularly since the bank did not find any

extenauting and mitigating circumstances to take any

lenient view in the matter. Accordingly, punishment of

dismissal from service from the bank without any notice

was issued by final order dated 14.12.2002. Previously

Petitioner was chargesheeted on five occasions for various

acts of misconduct from 1996-2001 and punishments

ranging from warning to stoppage of increments /reduction

in the basic pay in stages have been imposed on him after

said act of misconducts have been proved against him.

The details of said events are as follows:

The cash shortage of Rs. 48,000 occurred only on account

of the gross negligence on the part of the Petitioner.

Serious action ought to have been initiated against the

Petitioner taking a lenient view the matter was allowed to

rest. Petitioner can not seek any advantage from the same.

The acts of misconduct alleged in the present chargesheet

came to the light through newspaper media. The media

representatives were followed by the customers calling

on the Manager of the Respondent bank and expressed

their anguish and apprehension. The landlord of the

Petitioner, Mr. J. Ravi, also discussed the matter with the

Branch Manager of the Respondent bank. Further the

Manager of the Branch was called by the Police

authorities and in presence of the Manager the entire

episode of walking naked was discussed by the Police

authorities and the police warned and left the Petitioner

taking into account, his family and children.

Simultaneously, the Assistant General Manager of the

Divisional Office, Bangalore, also visited the Branch and

at that time also several customers called on him

expressing their apprehension to keep their money with

the Respondent bank. The charges levelled against the

Petitioner have been amply proved in the domestic enquiry

held. Though the two Management witnesses examined

in the enquiry are higher in rank to their Enquiry Officer,

Enquiry Officer was not working under them nor he was

reporting to them. Sri A.S. Vadudeven was in Bangalore

Divisional Office and the Enquiry Officer Sri Ashok

Vennelakanti was in the Legal Department at the Cental

Office located in Karur and he was reporting to the Deputy

General Manager of his Department. Inevitably the

Enquiry Officer has to examine in person having

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3479

knowledge of the facts relevant to charges, whether he is

holding higher post in rank or otherwise. Thus, the

question of higher rank is not material. No prejudice can

be said to have been caused to the Petitioner in this case.

The Disciplinary Authority is an independent person

holding his office in central office and he reported to the

then Deputy General Mangaer of Personnel and

Adminisrative Department. The newspaper cutting was an

enclosure to Ex. M2, the report made by the Respondent

branch. A detailed investingation was done in to the matter

by the Assistant General Manager, Bangalore. All relevant

evidence was placed to record during enquiry. The

contentions that Enquiry Office and Disciplinary Authority

have not applied their mind to the evidence is not correct.

The Appellate Authroity gave personal hearing to the

Petitioner and he dealt with the points raised by the

Petitioner in appeal eleborately. The contention of the

Petitioner that the Enquiry Officer admitted in his findings

at pata 7 para 2 that evidence is only hear say is not correct.

He stated that particulars of hear say evidence acts as

'circumstantial evidence' for the purpose of rendering his

findings. He gave congent reasons for holding the

Petitioner as guilty of charges. There is neither biased nor

perverse on the part of the Enquiry Officer. Verification of

the time of the lunch hour from Planning and Development

Department, housed in Central Office which fixed the

timings for various branches/offices located through out

the country can not be taken as fact in evidence behind the

available records. On the contra, it is to be taken that

Enquiry Officer has put forth his best efforts to find out the

truth and correct position. Contention of the Petitioner

that enquiry held against him is unfair and unjust and that

psychological conditions of the Petitioner during the period

was not considered is not at all correct. During the appeal

proceedings Appellate Authority provided the Petitioner

with an opportunity to engage a defence assistant to

Petitioner stated that does not require the same and that he

would defend himself. Contra contentions are not correct.

Petitioner's contention that he suffered mental disorder for

certain period is not correct. He committed all the acts of

misconduct intentionally and wilfully. The court is to note

that Petitioner is indirectly admitting the charges.The order

passed by the Disciplinary Authority and confirmed by

the Appellate Authority is fully justified. The bank repose

in more confidence in the Petitioner. It is not desirable that

an employee like the Petitioner be permitted to come back

into the services. Petition is liable to be dismissed.

4. By virtue of order dated 11.2.2009 domestic enquiry

conducted in this case has been held as valid.

5. Heard the arguments of either party under Sec.

11A of the Industrial Disputes Act, 1947. Written arguments

are also filed for the Petitioner and the same are

considered.

6. The points that arise for determination are:

I. Whether the action of the Management of Karur

Vysya Bank Limited, Karur in dismissing from the

services of Sh. S.V.S. Sarma, Ex-clerk-cum-Cashier,

Dharmavaram Branch with effect from 14.12.2002 is

justified?

II. To what relief the workman is entitled?"

7. Point No. I:

As can be gathered from the material made available

on the record, and as alredy observed above, the domestic

enquiry conducted in this case has been held as valid by

this court, by virtue of order dated 11.2.2009. The said

order has not been challenged by the Petitioner and thus,

it remained on record in force and therefore it is to be taken

that Petitioner has not chosen to challenge the validity of

domestic enquiry held in this case.

8. But, in his claim statement he made several

aspirations against the Enquiry Officer and the enquiry

proceedings conducted by him, like the investigation officer

being junior to the witnesses examined during the enquiry

etc. But, an important aspect to be noted is that the enquiry

proceedings filed before the court does not reveal any

where that the Petitioner has expressed any grievance

regarding the Enquiry Officer or the enquiry proceedings

either at any time during the enquiry or in the written

respresentations given by him submitting his comments

on the enquiry findings. That means, it was not his claim all

alone during the enquiry proceedings and until punishment

was awarded to him, that his interests were prejudiced in

any manner, due to the appointment of the given officer as

Enquiry Officer and the other officers were being examined

as witnesses during the enquiry and such other analogous

aspects.

9. Further, as can be seen from the enquiry

proceedings and enquiry report which are made available

on record, Enquiry Officer has given ample opportunity to

the Petitioner to participate in the enquiry duly and

Petitioner availed of the same. The witnesses examined on

behalf of the Management during enquiry were elaborately

cross examined by the Petitioner in his defence and while

so nothing was suggested to them implying that there was

any occasion/possibility for them to exercise any influence

over the decision of the Enquiry Officer.

10. The charges levelled against the Petitioner by

the Management of the bank in the chargesheet dated

20.4.2001 are in two fold.

11. The first charge has been to the effect that on

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[PART II—SEC. 3(ii)]

17.8.2001 is about 2.30 PM i.e., lunch hour the Petitioner

who was on medical leave went to the Dharmavaram branch

of the Respondent bank in which he was working at that

time and informed the Branch manager that he would join

duty on 20.8.2001 and thereafter went inside the counter,

took the attendance register and started searching the filling

cabinet, thereon the Branch Manager has objected for the

unauthorised removal of the files by the Petitioner and

advised him not to handle the office documents while on

leave. For that Petitioner stated that he was looking for his

leave particulars and wanted to note the same to obtain

suitable medical certificate. Branch Manager allowed the

Petitioner to note down required particulars. Even there

after, Petitioner has not left the office and instead sat at the

counter and refused to leave and thus disobeyed the

reasonable orders of the Branch Manager.

12. As can be seen from the material on the record,

Petitioner has admitted his attending the bank on 17.8.2001

at about 2.30 PM while he was on medical leave and his

refusal to leave the bank premises inspite of Branch

Manager ordering for it. His contention is that he went

there to submit his leave letter and that he was badly treated

by the Branch Manager and that he being a bank employee,

was entitled to be in bank premises even while he was on

leave and that he was hurt due to the improper treatment

on the part of the Branch Manager.

13. But the fact remains that Branch Manager is the

person who complained against the conduct of the

Petitioner but not vice versa. Only after the enquiry was

launched against the Petitioner and while defending

himself, Petitioner has chosen to state that Branch Manager

ill-treated him. If actually Branch Manager ill-treated him

in, all likelihood he would have complained against the

Branch Manager to the higher officials, even before

launching of the enquiry against him. It did not happen.

This is a circumstance which improbabolises the version

of the Petitioner.

14. Further, Petitioner being on leave at the relevant

time ought not to have meddled with the office records

and ought not have been in the bank premises where there

was possibility for the office records and other documents

being kept, since, the persons who were on duty at that

time would be the custodians of the said documents/

records and they would be responsible for their safety.

Therefore, such custodians of the records were their

limits/rights to ask the Petitioner to be away from the

place where such records/documents were. The Branch

Manager was the then custodian of the records/documents

in the bank, obviously. Thus, he was having every right as

well as duty to ask the Petitioner, who was on leave, not

to be at that place then and also to ask the Petitioner to

leave the premises immediately after the purpose for

which he went there was over. Evidently, Petitioner did

not do so. On the other hand, he resisted the direction

given by the Branch Manager, who is his superior as well

apart from being the Incharge of the office. Certainly, this

conduct on the part of the Petitioner amounts to

misconduct as well as disobedience and disrespect shown

towards his superiors. The findings given by the Enquiry

Officer with this regard are basing on the evidence made

available on record during enquiry and also supported by

relevant reasons.

15. No doubt the enquiry report thus, reveal that

the Enquiry Officer gathered some information regarding

the lunch hour in the given bank on his own. He ought not

to have done so, to utilise the information so gathered in

his enquiry report. But, doing so on his part has not actually

prejudiced the Petitioner in any manner for the reason

that enquiry findings are not mainly basing on such

information it was only an incidental aspect which will

not effect the enquiry findings totally. In this respect one

has to take note of the fact that Petitioner is not at all

disputing with the contention of the Respondent bank that,

at the given time he was in Bank premises. If it was not

the lunch hour and there were other persons present at

the place of incident. Petitioner could have brought the

fact to the notice of the Enquiry Officer by either

examining such persons or by suggesting to the

Management witnesses regarding the presence of such

persons. He never have done so. Considering all these

circumstances and since the Enquiry Officer has not based

his finding regarding the 1st charge solely on the inference

gathered by him on his own, it can be held that no prejudice

caused to the Petitioner due to the same.

16. The second charge levelled against the

Petitioner has been that he entered into a wager, with some

person at Dharamavaram to walk naked on 22.8.2001 from

Panduranga Circle to Gandhinagar, Kothapeta, to

Tarakaramapuram for a consideration of Rs. 50000 and

as per the said deal he walked naked in the streets of

Dharmavaram, greeting the public to win the bet and that

seeing him a bank employee, so, the public, more

particularly ladies experienced difficulty and

inconvenience and that his action was condemned by the

local public and was also published in Eeenadu newspaper

dated 24.8.2001 and further police took him into custody

on 24.8.2001 between 7.30 AM and 8.00 AM and further

they sent a police constable to the house of the Branch

Manager and asked him to meet the Circle Inspector,

which required the Branch Manager to attend the Police

Station, where he found the Petitioner along with his wife

and children and further that Police took pity on the wife

and children of the Petitioner and left him after

admonishing him, without booking any case against him

which all amounts to misconduct on the part of the

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3481

Petitioner which prejudiced interest of the bank and

customers losing faith in the bank and complaining of the

same.

17. As can be gathered from the material on the

record, while meeting this charge, the Petitioner has

submitted during the departmental enquiry at page No. 5

of the defence that "It is reported in the press and also by

some members of public, that the incident has happened

as described in the chargesheet issued to me. I agree that

the News item published in the Eenadu daily confirms

the statement of the charges referred in the chargesheet.

I do not have any knowledge about the same as I was

undergoing treatment for hypertension and was some times

taking drugs of sedative nature. However, I wish to submit

that I am never in the habit of betting. Hence, I am not able

to say anything beyond this in this matter. In view of my

explanation, I appeal to you to kindly close the enquiry."

18. But, Petitioner has evidently not produced any

medical reports which can show that he was taking any

drugs which are of sedative in nature, on any medical

prescription. Further more, the Branch Manager, who is

examined as MW2 has specifically stated that when a Police

Constable was sent to him by the Police requiring his

presence at Police station, he was constrained to go there

and that there, he found the Petitioner along with his wife

and children and further that the Circle Inspector

admonished the Petitioner and then let him off. Thus, the

Branch Manager who complained of this incident has

substantiated the same. It is for the Petitioner to explain

the circumstances which lead the police to apprehend him.

He failed to do so. On the other hand, he is questioning the

correctness of the evidence adduced on record for the

Management in this regard stating that there is no FIR

registered by the police. It is the specific evidence of the

Branch Manager as MW2 that the Police have let off the

Petitioner without registering any crime on humanitarian

grounds and after due admonition. In such case the

question of registration of FIR does not arise.

19. The above discussed material on record does

clearly establish that the departmental enquiry was duly

conducted without any violation of principles of natural

justice and further that the findings arrived at by the Enquiry

Officer are not perverse in any manner. They are all well

reasoned findings given appreciating the evidence

adduced on record and in consideration of the the

contentions of both the Management and the defence.

Thus, they do not warrant any interference.

20. Learned Counsel for the Petitioner relied upon

the principles laid down in the case of Chandrakumar

Madhukar Deshmukh Vs. The Board of Trustees of Port

of Bombay 1995 LAB.I.C.1496, in support of his

contention that hearsay evidence can not be relied upon

and that the findings of the Enquiry Officer are therefore,

to be appropriately dealt with. In this case, the evidence

relied upon by the Enquiry Officer is not hearsay evidence.

The direct evidence of the Branch Manager on MW2 who

has spoken of the incidents which occured in his presence,

has been relied upon.

21. The principles laid down in the case of

Ghanshyam Das Shrivastava, Vs. State of Madhya Pradesh

relied upon by the Petitioner are also not helpful to him

since he participated in the departmental enquiry.

22. Considering the grave nature of misconduct of

the Petitioner complained off and proved, the Respondent

bank which is a financial institution and which functions

on the faith of the public has chosen to dispense with the

services of the Petitioner by dismissing him from the

Bank's service. The same can not be find fault with.

23. Thus, the action of the Management of Karur

Vysya Bank Limited, Karur in dismissing the Petitioner

from service with effect from 14.12.2002 is justified.

This point is answered accordingly.

24. Point No. II:

In view of the finding given in Point No. I, the

Petitioner is not entitled for any relief.

Result:

In the result, the reference is answered as under:

The action of the Management of Karur Vysya Bank

Limited, Karur in dismissing from the services of Sh.

S.V.S. Sarma, Ex-Clerk-cum-Cashier, Dharmavaram

Branch with effect form 14.12.2002 is justified and the

said workman is not entitled for any relief.

Award passed accordingly. Transmit.

Dictated to Smt. P. Phani Gowri, Personal Assistant

transcribed by her and corrected by me on this the 28th

day of Februrary, 2014.

M. VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence

Witnesses examined for

Witnesses examined for

the

the Petitioner

Respondent

NIL

NIL

Documents Marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

ubZ fnYyh] 25 viSy] 2014

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3482

THE GAZETTE OF INDIA : MAY 3, 2014/VAISAKHA 13, 1936

[PART II—SEC. 3(ii)]

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

vf/kdj.k gSnjkckn ds iapkV ¼lanHkZ la[;k 11@2007½ dks izdkf'kr

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New Delhi, the 25th April, 2014

S.O. 1336.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 11/2007)

of the Cent. Govt. Indus. Tribuna-cum-Labour Court,

Hyderabad as shown in the Annexure, in the industrial

dispute between the management of State Bank of

Hyderabad and their workmen, received by the Central

Government on 16/04/2014.

[No. L-12012/96/2006-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

AT HYDERABAD

PRESENT : SMT. M. VIJAYA LAKSHMI, Presiding Officer

Dated the 28th day of January, 2014

INDUSTRIAL DISPUTE NO. I.D. 11/2007

BETWEEN:

Sri L. Pavan Kumar,

R/o H.No. 5-11-183/1, Coolie Lane,

Venkatappaiah Veedhi,

Kothagudem-507101.

Distt. Khammam.

......Petitioner

AND

The Dy. General Manager,

State Bank of Hyderabad,

Gunfoundry, Hyderabad-500 001.

.....Respondent

APPEARANCES:

For the Petitioner

:

M/s. A. Sarojana & K.

Vasudeva Reddy, Advocates

For the Respondent

:

M/s. Ch. Shiva Reddy & T.G.

Prasad Reddy, Advocates

AWARD

The Government of India, Ministry of Labour by its

order No. L-12012/96/2006-IR(B-I) dated 22.7.2007

referred the following dispute between the management of

M/s. Singareni Collieries Company Ltd., and their workman

under section 10(1)(d) of the I.D. Act, 1947 for adjudication

to this Tribunal. The reference is,

SCHEDULE

Whether the action the management of State Bank

of Hyderabad, Hyderabad (A.P.) in terminating the

services of Sri L. Pavan Kumar, Casual Worker w.e.f.

20.10.2005 without following the provisions of

Section 25-F of the Industrial Disputes Act, 1947

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

workman concerned is entitled?"

The reference is numbered in this Tribunal as I.D.

No. 11/2007 and notices were issued to the paties.

2. The case stands posted for cross examination to

Petitioner by the Respondent.

3. While so, a letter has been received through post

purporting to be that of the Petitioner stating that

Petitioner is withdrawing the case. Petitioner's counsel

reported that he got no response from the Petitioner when

he has contacted regarding the letter addressed by him to

the Court. Petitioner called absent. In the circumstances,

taking that Petitioner got no interest in the proceedings,

'Nil' award is passed.

Award passed accordingly. Transmit.

Typed to my dictation by Smt. P. Phani Gowri,

Personal Assistant, corrected by me on this the 28th day

of January, 2014.

M. VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence

Witnesses examined for

Witnesses examined for

the

the Petitioner

Respondent

NIL

NIL

Documents Marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

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3483

New Delhi, the 25th April, 2014

S.O. 1337.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (No. LC 72/2006

& ID 15/2007) of the Cent. Govt. Indus. Tribunal-cum-

Labour Court, Hyderabad as shown in the Annexure, in

the industrial dispute between the management of State

Bank of Hyderabad and their workmen, received by the

Central Government on 16/04/2014.

[No. L-12012/21/2006-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIALTRIBUNAL-CUM-LABOUR

COURT AT HYDERABAD

PRESENT : SMT. M. VIJAYA LAKSHMI, Presiding Officer

Dated the 28th day of February, 2014

COMMON AWARD

IN

INDUSTRIAL DISPUTE Nos.

L.C. 72/2006 and ID. 15/2007

BETWEEN:

Shri B. Ashok Kumar

S/o B. Mallaiah,

C/o A.P. Industrial Employees Union,

"House of Labour", King Kothi Road,

Hyderabad - 29

....Petitioner

AND

1. The Dy. General Manager,

Personnel Department,

State Bank of Hyderabad,

Gunfoundry, Head Office,

Hyderabad.

2. The Branch Manager,

State Bank of Hyderabad,

Nallakunta Branch,

Nallakunta,

Hyderabad.

....Respondents

APPEARANCES:

For the Petitioner

:

M/s. V. Viswanatham & R.

Dushyantla, Advocates

For the Respondent

:

Sri A.V.S.S. Prasad, Advocate

COMMON AWARD

Sri B. Ashok Kumar invoking Sec.2A(2) of

Industrieal Disputes Act, 1947 (who will be referred to

as workman) has filed this petition against the Respondents

seeking for passing an award directing the Respondent to

reinstate the Petitioner into service from 10.10.2005 with

full back wages and all other attendant benefits with

continuity of service and to pay interest @ 12% p.a. on the

back wages and costs.

2. While so a reference in ID. No. 15/2007 has been

received by this forum from Government of India, Ministry

of Labour and Employment, New Delhi vide order No.

L-12012/21/2006-IR(B-I) date 19.1.2007, whereunder,

this forum has been invited to give award on the question

of,

"Whether the action of the management of State

Bank of Hyderabad, not regularising the services

of Sri. B. Ashok Kumar, Casual Labour, working

since 1994 is legal and justified? If not, what relief

the workman is entitled to?"

By virtue of the order dated 30.09.2008, these two

cases i.e., LC 72/2006 and ID 15/2007 were clubbed together

and the proceedings were conducted commonly for both

there matters in LC 72/2006.

3. No. specific claim statyement has been filed by the

Petitioner in ID 15/2007.

4. The averments made in LC /2006 filed by the

Petitioner in brief are follows:

Petitioner was appointed by the 2nd Respondent

with the consent and permission of the 1st Respondent

from June, 1994 as casual labour and his las drawn wages

was Rs.50/- per day, whereas casual labours working at

Gunfoundry Branch and Kakatiyanagar Branch are being

paid wages @ Rs. 130 per deay. Petitioner was pleading

since long time that he was being paid less wages. He

worked with the Respondent continously but as per their

usual practice no written orders were issued. He was never

engaged in the exigencies of the work as and when

necessary and was never paid same amount as per the

work without hindrance he entered into he entered into the

bank along with the regular employees and performed duties

entrusted to him by the 2nd Respondent. But he was

deprived equal pay for equal work. He completed 240 days

in everyclendar year. He used to work from 10 AM to 11.30

P.M. to help and assist and staff in finalizing the work, after

banking hours. 2nd Respondent appreciated his work and

in they year 1998 forwarded the proposals to Asst. General

Manager vide letter No. 163 dated 28.8.1998 recommending

the name of the Petition. In the year 2001 also 2nd

Respondent recommended the name of the Petitioner for

appointment on consolidated wages vide reference No. F/

23 dated 19.4.2001. The Dy. General Manager and Asst.

General Manager of the Regional Office also have

recommended the same of the Petitioner to the first

3484

THE GAZETTE OF INDIA : MAY 3, 2014/VAISAKHA 13, 1936

[PART II—SEC. 3(ii)]

Respondent vide their letter dated 8.6.2001 2nd Respondent

recommended to the Asst. General Manager for absorption

on consolidated wages as he is well versed with the bank

and duties. These documents clearly show that there is no

break in service of the Petitioner from 1994. Since is services

were not regularlzed inspite several representations though

Respondent regularized services of several others without

tyhe medial of Emplyment Exchange. He approached his

uion who is turn raised a dispute under Sec. 2SCk for

refularization before the Conciliation Officer, Assistant

Labour Commissioner(C) who admitted the dispute and as

the conciiation failed, he closed proceedings and submitted

report to the government vide their letter 23.9.2005.

Respondent not only paid less wages but also deprived

the Petitioner of payment of bonus, whereas there are

order in the shape of circular by the Respondents that the

casual employees are netitled for the bonue. Having no

alternative Petitioner filed MP 51/2005 claiming for

difference of the amount due to him from 5.6.1994 to

4.10.2005 invoking Sec. 33C(2) of the Industrial Disputes

Act, 1947. In the circumstances 2nd Respondent with

prejudiced mind has terminated the services of the

Petitioner orally from 1.6.2006 by withholding the wages

from 8.5.2006, which is unfair labour Practice. On such

illegal termination Petitioner issued notice dated

2.6.2006 which the Respondents received but there is not

response from him. Such oral termination of the

Petitioner's service is illegal, inoperative and improper

and without any valid reason. Petitioner has successfully

completed continuous service from June, 1994 to

31.5.2006. Inspite of it Sec. 25F of the Industrail Disputes

Act, 1947 was not followed. He is entitled for

reinstatement into service. Hence, the petition.

5. Respondents filed their common counter in

LC 72/2006 and ID 15/2007, with the averments in

brief as follows:

A.P. Industrial Employee Union does not have any

locus stand to file this case on behalf of the Petitioner, as it

is neither an association recognized by the Bank nor having

the employees of bank as members. Further Petitioner is

not a workman as per Industrail Disputes Act, 1947. He is

not an employee of the bank. As such, petition is liable to

be dismissed. Further as per the verdict of the Hon'ble

Supreme Court of Indeia in the case of Secretary, State of

Karnataka and others (Vs) Umadevi and three others,

reported in at (2006) 4 SCC page 1, casual labour/temporary

employees do not have any right to regular or permanent

public employment as they accepted the employment fully

knowing the nature of their employment at their own

violation and with eyes open as to the nature of their illegal

employment, which is not as per constitutional provisions

and the appointment is not as per due process of selection

as envisaged by the relevant rules and also held that the

courts should not perpetuate illegalities, irregularities or

improprieties. Thus, the petition under Section 2A(2) of

Industrial Disputes Act 1947 is not maintainable in law or

on facts. The contention of the Petitioner that he was

employed on casual basis since 1994 by the 2nd Respondent

and 2nd Respondent was making payment of Rs. 50 per

day though the casual labours working in the other branches

like Kakatiyanagar branch and Gunfoundry branch are

being paid more wages, that Petitioner was working

continously without any break and competed 240 days in a

calendar year, that he made request for written letter of

appointment and for correct wages and was assured of the

same and was not granted the same, that 2nd Respondent

extracted the work from 10 A.M. to 11 P.M .without giving

any break are all incorrect. Petitioner never worked for 240

day in a calaendar year and he was never employed in the

year 1994 not terminated on 1.6.2006. Payment of wages

made to casual workers of Kakatiyanagar branch and

Gunfoundry branch was covered by some order which were

passed by competent court basing on the records. Placing

the Petitioner with such persons stating that their respective

cases are indentical is incorrect and is not maintainable in

Law and on facts. The present claim petition is filed as

counter making claims which got nothing to the state of

affairs concerning the Peitioner who is a daily employee

and whose services were utilized as and when need arose

is not at all correct. The documents relied upon by the

Petitioner are self-serving and they are not official record

of the bank. The mode and manner in which such

documents were obtained in not made out. Notice for

termination dated 2.6.2006 given by the Petitioner is an

after though with a mind set for filing the present petition

Provisions of Industrial Disputes Act, 1947 are not

applicable to him as the Petitioner is not a permanent

employee and since his claim that he successfully

continued in service from June, 1994 to 31.5.2006 and

that he was terminated on 1.6.2006 are all incorrect. He

was engaged on casual basis as and when work arose, in

the branch due to various reasons. His claim that his

services were terminted to harass him as he approached

courts is far from truth and it is an attempt to abuse due

process of law. He was never appointed by the ban of

appointment letter was issued to him. He was paid as per

the norms and understanding of the work doen. He was

engaged to do the work which is casual in nature and which

arise intermittently. For doding regular work bank recruits

staff by complying with the provisions stipulated after

taking into account the guidelines issued by the

Government of India from time to time in accordance

with constitutional provisions. As such, employment itself

is illegal. Therefore, the reinstatement into service can

not be claimed that too with full back wages and attendant

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 3] 2014@oS'kk[k 13] 1936

3485

benefits with continuity of service and also interest.

Government of India, Ministry of Finance, Department of

Economic Affairs (Banking Division) had issued circular

dated 6.8.1990 directing the recruitment of temporary

employee in the clerical/subordinate cadre shall be stopped

forthwith. For the staff which was then on the rolls of the

banks, they shall be regularized as provided in the approach

paper in terms of the circular issued at that time. These are

all specific directions of Banks to make temporary

appointment till the problem of existing temporary

employees is fully resolved and for future requirement,

Banks would have to approach Government and would

have go by such modalities as would be laid down by the

Government through regular process of recruitment

enshrined in the constitution. Engagement of Petitioner is

illegal because such appointment on casual basis were

obtained by the Petitioner without following the procedure

of their names being forwarded by the Employment

Exchange, without following the rule of reservation and

the procedure for appointment of employees in the

subordinate cadre as prescribed by the rules of the

Respondent bank. Further, as per the verdict of Hon'ble

Supreme Court the candidates lack any eligibility of

qualification in any manner it would not possible to

consider for regularization as casual labours and that long

duration of service would also not be relevant condition to

regularize the service. Appointment against non-existent

vacancy is also not maintainable and such person is not

entitled for regularization. In this case there was no vacancy

in the regular basis but the Petitioner was engaged on

daily wages basis to meet the exigencies. Even such

employment can not be regularized unless regularized

through prescribed procedure. Daily wage labourers whose

services were engagedon the basis of need of work, such

termination does not contitute as retrenchment. Such

termination is not arbitrary as they are need based. It is

well settled principle that an appointment made in violation

of mandatory provisions constituted and non-possession

of minimum educational or technical qualifications and other

essential qualification etc., would be wholly illegal. Those

who come by back door should go through the door. Since

Petitioner has been engaged to meet the exigencies only

he is not a workman and he is not entitled for equal

emoluments or equal pay to that of regular employees.

Regularization can not be claimed as a matter of right,

spexially when it is illegal appointment. Petition is liable to

be dismissed with exemplary costs.

6. To substantiate the contentions of the Petitioner

WW1 was examined and ExW1 to W6 were marked Ex. W1

is the sanction letter for the posts of part ime employees

dated 14.6.06. Ex. W2 is the proposal for the post of part

time employees on consolidated wages dated 19.4.2001.

Ex. W3 is the recommendation letter from the Bank

Manager dated 8.6.2001. Ex. W4 is the proposal for the

saction of part time employee on consolidated wages. Ex.

W5 is the list of the casual employees who were regularized.

Ex. W6 is the representation dated 2.6.06 to the Branch

Manager and the Dy. General Manager Personnel

Department. On behalf of the management MWq was

examined. No documentary evidence has been produced

by the management.

7. Heard the arguments of the either party. Written

arguments were also filed by the Petitioner and the same

are received and considered.

8. Point that arises for determination is:

whether the Petitioner is workman and whether

termination of his services is legal and justified? If so, to

what relief the Petitioner is entitled?

9. Point

As far as the present dispute is concerned, Ex. W1

and W4 are relevant and Ex. W5 and W6 are not much

relevant. Through Ex. W1 and W4 coupled with his own

oral evidence as WW1, Petitioner could establish before

this court that he has been working as casual labour with

the Respondent bank since June, 1994. Sri Mallela Srinivas,

Chief Manager of the Respondent bank who has examined

as MW1 could not deny regarding the correspondence

i.e., Ex. W1 and W4 when they were confronted to him.

Thus, it can safely be taken that Petitioner has worked with

the Respondent bank since June, 1994 as casual labour

and therefore, he is a workman for all purposes. Contra

contentions of the Respondent are not acceptable.

10. As can be gathered from the material on record,

Petitioner who applied for his absorption in bank's regular

service by making applications time and again an whose

case has been recommended by the then Branch Manager,

as can be gathered from Ex. W1 and W4, has raised an

industrial dispute seeking for regularization of his service

with the Respondent bank by approaching Assistant

Labour Commissioner (C). Assistant Labour Commissioner

(C) has made efforts to conciliate the matter, and evidently

such conciliation proceedings failed.

11. While things stood so, instead of regularising

the Petitioner's service, the Respondent bank has chosen

to remove him from service abruptly w.e.f. 1.6.2006. There

no Petitioner is constrained to approach this forum by

filing this dispute seeking for his reinstatement into service.

12. Evidently and admittedly there is no compliance

of Sec. 25F of Industrial Disputes Act, 1947, while

removing the Petitioner from service. It is the contention

of the Respondent that since the Petitioner is not a

workman and Industrial Disputes Act, 1947 does not

apply to him, there was no compliance of Sec. 25F of

3486

THE GAZETTE OF INDIA : MAY 3, 2014/VAISAKHA 13, 1936

[PART II—SEC. 3(ii)]

Industrial Disputes Act, 1947.

13. As already observed above, the materon record

clearly discloses that Petitioner has been in continuous

service as casual labour with the Respondent since June,

1994 and thus he is a workman. Thus, the provisions of

Industrial Disputes Act, 1947 will apply to him, therefore,

his retrenchment/removal from service without

complying with Sec. 25F of Industrial Disputes Act, 1947

is certainly illegal, unjust and arbitrary.

14. It is the contention of the Respondent that the

principles laid down in the cases of Official Liquididator

Vs. Dayanand and others (2008) 10 SCC page 1

whereunder principles laid down in the case of Umadevi

Vs. State of Karnataka(2006) 4 SCC page 1 has been

upheld, as applicable to the present case and that Petitioner

is not entitled for the relief sought for.

15. In the above cited cases Hon'ble Supreme Court

has considered the acceptable mode of public employment

and non acceptable regularization of services of the

persons who entered into the service by back door

methods, thereby defeating the opportunity of the general

public to compete for appointment to the said post etc..

Present dispute is an industrial dispute. Industrial Law is

totally different from Civil Law/Administrative Law.

Regularization of casual workman as regular workman

etc., are all governed by the industrial Laws, rules and

various circulars issued by the government from time to

time touching this aspects. Public employment under Civil

Law/Administrative Law is totally different.

16. Further more, in this case Petitioner is not

seeking for regularization of his services. What all he is

questioning is the correctness of abrupt termination of

his services when he questioned the inaction on the part

of the Respondent bank regarding his plea for

regularization of his services, that too without

complying with the Sec. 25F of the Industrial Disputes

Act, 1947.

17. Inspite of their own admission in their counter

that "Government of India, Ministry of Finance,

Department of Economic Affairs (Banking Division) had

issued a circular No. F-3/3/104/87-IR dated 6.8.1990,

directing that all recruitment of temporary employees in

the clerical/subordinate cadre shall be stopped forth with

and that for the staff which was then on the rolls of the

Banks, they shall be regularized as provided in the

approach paper in terms of the circular issued at that time."

the Respondent Bank, evidently failed to take appropriate

action, in connection with the claims of the Petitioner.

18. Anyway, the question whether Petitioner is

entitled for regularization of services or not is not the subject

matter in this petition. Even if the same if subject matter in

this petition, since it is an industrial dispute, the principles

laid down in the above cited cases are not applicable.

19. For all the above referred reasons, the principles

laid down inthe above cited cases relied upon by the

Learned Counsels for the bank are not helpful to his

contention in this case.

20. There are upmpteen number of legal precedents

laid down by the Apex Court whereunder it is clearly laid

down that the workman who is removed from service

without complying with the mandatory conditions laid

down in Sec. 25F of the Industrial Disputes Act, 1947 is

to be ordered to be reinstated into service. Thus, the

Petitioner, who is found to be a workman, is entitled to

be reinstated into service of the bank w.e.f. 1.6.2006 with

the benefit of continuous service. As far as back wages

are concerned, since he did not render his service to the

bank, but not due to his own fault, he is entitled for

atleast 50% of the back wages which he would have earned

but for his removal from service.

This point is answered accordingly.

Result:

In the result, petition is allowd. Petitioner shall be

reinstated into service of the Respondent bank as casual

labour w.e.f. 1.6.2006 with contiunity of service. He shall

be paid 50% of the back wages also, forth with.

Award passed accordingly. Transmit.

Dictated to Smt. P. Phani Gowri, Personal Assistant

transcribed by her corrected by me on this the 28th day

of February, 2014.

M.VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence

Witnesses examined for

Witnesses examined for

the

the Petitioner

Respondent

WW1: Sri B. Ashok Kumar

MW1: Sri Mallela Srinivas

Documents marked for the Petitioner

Ex. W1:

Photostat copy of the 1r. No. 163 dt. 20/8/98 to

the Asst. General Manager by Branch Manager,

Nallakunta

Ex. W2:

Photostat copy of the 1r. No. F/23 dt. 19/4/2001

to the Asst. General Manager by Branch

Manager, Nallakunta

Ex. W3:

Photostat copy of the 1r. dated 8.6.2001 to the

DGM, from the Asst. General Manager

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 3] 2014@oS'kk[k 13] 1936

3487

Ex. W4:

Photostat copy of the 1r. No. to the Asst.

General Manager by the Chief Manager,

Nallakunta

Ex. W5:

Photostat copy of list of the 34 casual

employees ofthe State Bank of Hyderabad.

Ex. W6:

Photostat copy of representation dt. 2.6.2006

by the Petitioner to the DGM, Personnel

Department and Branch Manager, Nallakunta

branch

Documents marked for the Respondent

NIL

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/khu] fdlh dkj[kkus] LFkkiuk] dk;kZy; ;k

vU; ifjlj esa fdlh Hkh mfpr le; ij

izos'k djuk vkSj mlds izHkkjh ls ;g vis{kk

djuk fd og O;fDr;ksa ds fu;kstu vkSj etnwjh

ds lank; ls lacaf/kr ,sls ys[kk] cfg;ka vkSj

vU; nLrkost] ,sls fujh{kd ;k vU; in/kkjh

ds le{k izLrqr djsa vkSj mudh ijh{kk djus

nsa ;k ,slh tkudkjh nsa ftls os vko';d le>rs

g®( ;k

¼x½

iz/kku ;k vklUu fu;kstd dh] mlds vfHkdrkZ

;k lsod dh] ;k ,sls fdlh O;fDr dks] tks

,sls dkj[kkus] LFkkiuk] dk;kZy; ;k vU; ifjlj

esa ik;k tk,] ;g fo'okl djus dk ;qfDr;qDr

dkj.k gS fd og deZpkjh gS] ijh{kk djuk( ;k

¼?k½

,sls dkj[kkus] LFkkiuk] dk;kZy; ;k vU; ifjlj

esa j[ks x, fdlh jftLVj] ys[kk] cgh ;k vU;

nLrkost dh udy rS;kj djus ;k m)j.k ysuk(

¼M-½

;Fkkfu/kkZfjr vU; 'kfDr;ksa dks iz;ksx djukA

6- fofuos'[email protected] ds ekeys esa] iznÙk NwV Lor% jn~n

gks tk,xh vkSj rc u, izfr"Bku dks NwV gsrq leqfpr ljdkj dh

vuqefr ysuh gksxhA

[la- ,l&38014@7@2013&,l,l&I]

vt; efyd] voj lfpo

3488

THE GAZETTE OF INDIA : MAY 3, 2014/VAISAKHA 13, 1936

[PART II—SEC. 3(ii)]

New Delhi, the 29th April, 2014

S.O. 1338.—In exercise of the power conferred by

Section 88 read with Section 91-A of the Employees' State

Insurance Act, 1948 (34 of 1948) the Central Government

hereby exempts the regular employees of factories/

establishment of Bhillai Steel Plant of SAIL from the

operation of the said Act. The exemption shall be effective

from the date of issue of notification for a period of one

year.

2. The above exemption is subject to the following

conditions namely:

(1) The aforesaid establishments wherein the employees

are employed shall maintain a register showing the

name and designations of the exempted employees';

(2) Not withstanding this exemption, the employees

shall continue to received such benefits under the

said Act to which they might have become entitled

to on the basis of the contributions paid period to

the date from which exemption granted by this

notification operates;

(3) The contributions of the exempted period, if already

paid, shall not be refundable;

(4) The employer of the said factory/establishment

shall submit in respect of period during which that

factory was subject to the operation of the said Act

(hereinafter referred as the said period), such

returns in such forms and containing such

particulars as were due from it in respect of the

said period under the Employees' State Insurance

(General) Regulations, 1950;

(5) Any Social Security Officer appointed by the

Corporation under Sub-Section (1) of Section 45

of the said ESI Act or other Official of the

Corporation authorized in this behalf by it, shall,

for the purpose of:

(i)

Verifying the particulars contained in any

returned submitted under sub-section (1)

Section 44 for the said period; or

(ii)

Ascertaining whether registers and records

were maintained as required by the

Employees' State Insurance (General)

Regulations, 1950 for the said period; or

(iii)

Ascertaining whether the employees continue

to be entitled to benefits provided by the

employer in cash and kind being benefits in

consideration of which exemption is being

granted under this notification; or

(iv)

Ascertaining whether any of the provisions

of the Act had been complied with during the

period when such provisions were in force in

relation to the said factory to be empowered

to:—

(a)

require the principal of immediate

employer to him such information as he

may consider necessary for the purpose

of this Act; or

(b)

at any reasonable time enter any factory,

establishment, officer or other premises

occupied by such principal or

immediate employer at any reasonable

time and require any persons found in

charge thereof to produce to such

inspector or other official and allow him

to examine accounts, books and other

documents relating to the employment

of personal and payment of wages or to

furnish to him such information as he

may consider necessary; or

(c)

examine the principal or immediate

employer, his agent or servant, or any

person found in such factory,

establishment, office or other premises

or any person whom the said inspector

or other official has reasonable cause

to believe to have been an employee;

or

(d)

make copies of or take extracts from any

register, account book or other

document maintained in such factory,

establishment, office or other premises;

(e)

exercise such other powers as may be

prescribed.

(6) In case of disinvestment/corporatization, the

exemption granted shall become automatically cancelled

and them the new entity will have to approach the

appropriate Government for exemption.

[No. S-38014/7/2013-SS-I]

AJAY MALIK, Under Secy.

ubZ fnYyh] 29 vizSy] 2014

dk-vk- 1339-&&dsUnzh; ljdkj] deZpkjh jkT; chek

vf/kfu;e] 1948 ¼1948 dk 34½ dh /kkjk 91&d ds lkFk ifBr

/kkjk 88 }kjk iznr 'kfDr;ksa dk iz;ksx djrs gq, LVhy vkWFkksfjVh vkWQ

bafM;k fyfeVsM ds lSUVªy ekdsZfVax vkWxsZukbtslu ds dkj[kkuksa@LFkkiukvksa

ds fu;fer deZpkfj;ksa dks bl vf/kfue; ds izorZu ls NwV iznku

djrh gSA ;g NwV] bl vf/klwpuk ds tkjh gksus dh rkjh[k ls ,d o"kZ

dh vof/k ds fy, ykxw gksxhA

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 3] 2014@oS'kk[k 13] 1936

3489

2- mDr NwV fuEufyf[kr 'krksZa ds v/khu gS( vFkkZr~%&

¼1½ iwokZDr LFkkiuk ftlesa deZpkjh fu;ksftr gSa] ,d jftLVj

j[ksxh] ftlesa NwV izkIr deZpkfj;ksa ds uke vkSj inuke

fn[kk, tk,axs(

¼2½ bl NwV ds gksrs gq, Hkh] deZpkjh mDr vf/kfu;e ds v/khu

,slh izlqfo/kk,a izkIr djrs jgsaxs ftudks ikus ds fy, os bl

vf/klwpuk }kjk nh xbZ NwV ds izo`Ùk gksus dh rkjh[k ls iwoZ

lanÙk va'knkuksa ds vk/kkj ij gdnkj gks tkrs gS(

¼3½ NwV izkIr vof/k ds fy,] ;fn dksbZ vfHknk; igys gh fd, tk

pqds gksa] rks os okil ugha fd, tk,axs(

¼4½ mDr dkj[kkus@LFkkiuk dk fu;kstd ml vof/k dh ckcr ftlds

nkSjku ml dkj[kkus@LFkkiuk in mDr vf/kfu;e ¼ftls blesa

blds i'pkr~ mDr vof/k dgka x;k gS½ izorZeku Fkk ,slh

foojf.k;ka] ,sls izk:i esa vkSj ,slh fof'kf"V;ksa lfgr nsxk tks

deZpkjh jkT; chek ¼lk/kkj.k½ fofu;e] 1950 ds v/khu mls

mDr vof/k dh ckcr nsuh visf{kr gksrh Fkha(

¼5½ fuxe }kjk mDr deZpkjh jkT; chek vf/kfu;e dh /kkjk 45

dh mi&/kkjk ¼1½ ds v/khu fu;qDr fd;k x;k dksbZ lkekftd

lqj{kk vf/kdkjh ;k fuxe dk bl fufer izkf/kd`r dksbZ vU;

in/kkjh(

(i)

/kkjk 44 dh mi&/kkjk ¼1½ ds v/khu] mDr vof/k dh

ckcr nh xbZ fdlh fooj.k dh fof'k"V;ksa dks lR;kfir

djus ds iz;kstukFkZ( vFkok

(ii)

;g vfHkfuf'pr djus ds iz;kstukFkZ fd deZpkjh jkT;

chek ¼lk/kkj.k½ fofu;e] 1950 }kjk ;Fkkvisf{kr

jftLVj vkSj vfHkys[kk ,DV vof/k ds fy, j[ks x, Fks

;k ugha( ;k

(iii)

;g vfHkfuf'pr djus ds iz;kstukFkZ fd deZpkjh]

fu;kstd }kjk fn, x, mu Qk;nksa dks] ftlds

QyLo:i bl vf/klwpuk ds v/khu NwV nh tk jgh gS]

udn esa vkSj oLrq :i esa ikus dk gdnkj cuk gqvk gS

;k ugha( ;k

(vi)

;g vfHkfuf'pr djus ds iz;kstukFkZ fd ml vof/k ds

nkSjku] tc mDr dkj[kkus ds laca/k esa vf/kfu;e ds

mica/k izo`Ùk Fks] ,sls fdUgha mica/kksa dk vuqikyu fd;k

x;k Fkk ;k ugha] fuEufyf[kr dk;Z djus ds l'kDr

gksxk%&

¼d½

iz/kku ;k vklUu fu;kstd ls vis{kk djuk fd

og mls ,slh tkudkjh ns ftls mijksDr vfèdkjh

;k vU; in/kkjh bl vf/kfu;e ds iz;kstukFkZ

vko';d le>rk gS( vFkok

¼[k½

,sls iz/kku ;k vklUu fu;kstd ds vf/kHkksxk&

/khu] fdlh dkj[kkus] LFkkiuk] dk;kZy; ;k

vU; ifjlj esa fdlh Hkh mfpr le; ij izos'k

djuk vkSj mlds izHkkjh ls ;g vis{kk djuk

fd og O;fDr;ksa ds fu;kstu vkSj etnwjh ds

lank; ls lacaf/kr ,sls ys[kk] cfg;ka vkSj vU;

nLrkost] ,sls fufj{kd ;k vU; in/kkjh ds

le{k izLrqr djsa vkSj mudh ijh{kk djus nsa ;k

,slh tkudkjh nsa ftls os vko';d le>rs gSa(

;k

¼x½

iz/kku ;k vklUu fu;kstd dh] mlds vfHkdrkZ

;k lsod dh] ;k ,sls fdlh O;fDr dks] tks ,sls

dkj[kkus] LFkkiuk] dk;kZy; ;k vU; ifjlj esa

ik;k tk,] ;g fo'okl djus dk ;qfDr;qDr

dkj.k gS fd og deZpkjh gS] ijh{kk djuk( ;k

¼?k½

,sls dkj[kkus] LFkkiuk] dk;kZy; ;k vU; ifjlj

esa j[ks x, fdlh jftLVj] ys[kk] cgh ;k vU;

nLrkost dh udy rS;kj djuk ;k m)j.k ysuk(

¼³½

;Fkkfu/kkZfjr vU; 'kfDr;ksa dk iz;ksx djukA

6- fofuos'k @fuxehdj.k ds ekeys esa] iznÙk NwV Lor% jn~n gks

tk,xhs vkSj rc u, izfr"Bku dh NwV gsrq leqfpr ljdkj dh vuqefr

ysuh gksxhA

[la- ,l&38014@2@2014&,l-,l&I]

vt; efyd] voj lfpo

New Delhi, the 29th April, 2014

S.O. 1339.—In exercise of the power conferred by

Section 88 read with Section 91-A of the Employees' State

Insurance Act, 1948 (34 of 1948) of the Central

Government hereby exempts the regular employees of

factories/establishments of Central Marketing

Organisation of Steel Authority of India Ltd. from the

operation of the said Act. The Exemption shall be effective

from the date of issue of notification for a period of one

year.

2. The above exemption is subject to the following

conditions namely:-

(1) The aforesaid establishments wherein the employees

are employed shall maintain a register showing the

name and designations of the exempted employees';

(2) Not withstanding this exemption, the employees

shall continue to receive such benefits under the

said Act to which they might have become entitled

to on the basis of the contributions paid prior to the

date from which exemption granted by this

notification operates;

3490

THE GAZETTE OF INDIA : MAY 3, 2014/VAISAKHA 13, 1936

[PART II—SEC. 3(ii)]

(3) The contributions for the exempted period, of already

paid, shall not be refundable;

(4) The employer of the said factory/establishment shall

submit in respect of the period during which that

factory was subject to the operation of the said Act

(hereinafter referred as the said period), such returns

in such forms and containing such particulars as

were due from it in respect of the said period under

the Employees' State Insurance (General)

Regulations, 1950;

(5) Any Social Security Officer appointed by the

Corporation under sub-section (1) of section 45 of

the said ESI Act or other Official of the Corporation

authorized in this behalf by it, shall, for the purpose

of:-

(i)

Verifying the particulars contained in any

returned submitted under-sub-section (1) of

Section 44 for the said period; or

(ii)

Ascertaining whether registers and records

were maintained as required by the Employees'

State Insurance (General) Regulations, 1950

for the said period; or

(iii)

Ascertaining whether the employees continue

to be entitled to benefits provided by the

employer in cash and kind being benefits in

consideration of which exemption is being

granted under this notification; or

(iv)

Ascertaining whether any of the provisions

of the Act had been complied with during the

period when such provisions were in force in

relation to the said factory to be empowered

to:-

(a)

require the principal or immediate

employer to him such information as he

may consider necessary for the purpose

of this Act; or

(b)

at any reasonable time enter any factory,

establishment, office or other premises

occupied by such principal or

immediate employer at any reasonable

time and require any person found in

charge thereof to produce to such

inspector or other official and allow him

to examine accounts, books and other

documents relating to the employment

of personal and payment of wages or to

furnish to him such information as he

may consider necessary; or

(c)

examine the principal or immediate

employer, his agent or servant, or any

person found in such factory,

establishment, office or other premises

or any person whom the said inspector

or other official has reasonable cause

to beleive to have been an employee;

or

(d)

make copies of or take extracts from any

resigter, account book or other

document maintained in such factory,

establishment, office or other premises,

(e)

exercise such other power as may be

prescribed.

(6) In case of disinvestment/corporatization, the

exemption granted shall become automatically cancelled

and then the new entity will have to approach the

appropriate Government for exemption.

[No. S-38014/2/2014-SS-I]

AJAY MALIK, Under Secy.

Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-110064

and Published by the Controller of Publications, Delhi-110054.