foÙk ea=kky;

(foÙkh; lsok,a foHkkx)

ubZ fnYyh] 12 flrEcj] 2014

dk-vk- 2672-—jk"Vªh;Ñr cSad (izca/ ,oa izdh.kZ micaèk)

Ldhe] 1970@1980 ds [kaM 3 ds mi&[kaM (1) ds lkFk ifBr

cSaddkjh daiuh (miØeksa dk vtZu ,oa varj.k) vf/fu;e]

1970@1980 dh /kjk 9 dh mi&/kjk 3 ds [kaM ([k) }kjk iznÙk

'kfDr;ksa dk iz;ksx djrs gq,] dsUnzh; ljdkj] ,rn~}kjk] uhps nh xbZ

lkj.kh ds dkye (2) esa fofu£n"V O;fDr;ksa dks mDr lkj.kh ds

dkye (3) esa fofu£n"V O;fDr;ksa ds LFkku ij dkye (1) esa

fofu£n"V cSadksa esa ljdkj }kjk ukfer funs'kd ds :i esa rRdky

izHkko ls vkSj vxys vkns'k gksus rd] ukfer djrh gS %

(1)

(2)

(3)

1-

vksfj;aVy cSad

Jh jktu oqQekj]

Jh jtr lPpj

vkWiQ dkelZ

vk£Fkd lykgdkj]

foÙkh; lsok,a foHkkx

2-

fot;k cSad

Jh lat; oqQekj]

Jh oh- osQ- pksiM+k

mi lfpo]

foÙkh; lsok,a foHkkx

¹iQk- la- 6@3@2012&chvks&Iº

fefgj oqQekj] funs'kd

MINISTRY OF FINANCE

(Department of Financial Services)

New Delhi, the 12th September, 2014

S.O.

2672.—In exercise of the powers conferred

by clause (b) of Sub-section (3) of Section 9 of The Banking

Companies (Acquisition and Transfer of Undertakings)

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

The Nationalized Banks (Management and Miscellaneous

Provisions) Scheme, 1970/1980, the Central Government,

hereby nominate the persons specified in column (2) of

the table below as Government Nominee Director of the

Banks specified in column (1) thereof, in place of the

persons specified in column (3) of the said Table, with

immediate effect and until further orders :—

(1)

(2)

(3)

1. Oriental Bank

Shri Rajan Kumar,

Shri Rajat Sachar

of Commerce

Economic Adviser,

Department of

Financial Services

2. Vijaya Bank

Shri Sanjay Kumar,

Shri V.K. Chopra

Deputy Secretary,

Department of

Financial Services

[F. No. 6/3/2012-BO-I]

MIHIR KUMAR, Director

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- 41]

ubZ fnYyh, vDrwcj 5] 2014—vDrwcj 11] 2014] 'kfuokj@vkf'ou 13—vkf'ou 19] 1936

No. 41]

NEW DELHI, OCTOBER 5, 2014—OCTOBER 11, 2014, SATURDAY/ASVINA 13—ASVINA 19, 1936

bl 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)

3906 GI/2014

(6691)

6692

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

ubZ fnYyh] 17 flrEcj] 2014

dk-vk- 2673-—jk"Vªh; Ñf"k vkSj xzkeh.k fodkl cSad

vfèkfu;e] 1981 (1981 dk 61) dh /kjk 6 dh mi&/kjk (1) ds

[k.M (x) }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs gq,] dsUnzh; ljdkj]

Hkkjrh; fj”koZ cSad ls ijke'kZ djds] ,rn~}kjk] Jh ufpdsr eksj]

funs'kd] Hkkjrh; fj”koZ cSad dks vf/lwpuk dh rkjh[k ls vkSj

vxys vkns'kksa rd] tks Hkh igys gks] Jherh 'kf'k vkj- jktxksikyu

ds LFkku ij jk"Vªh; Ñf"k vkSj xzkeh.k fodkl cSad (ukckMZ) ds

funs'kd e.My esa va'kdkfyd funs'kd ukfer djrh gS A

¹iQk- la- 7@3@2014&chvks&Iº

fot; eYgks=kk] voj lfpo

New Delhi, the 17th September, 2014

S.O.

2673.—In exercise of the powers conferred

by clause (c) of sub-section (1) of Section 6 of the National

Bank for Agriculture and Rural Development Act, 1981

(61 of 1981), the Central Government, in consultation

with the Reserve Bank of India, hereby nominates

Dr. Nachiket Mor, Director, Reserve Bank of India as part

time Director on the Board of Directors of National Bank

for Agriculture and Rural Development (NABARD), from

the date of notification and until further orders whichever

is earlier vice Smt. Shashi R. Rajagopalan.

[F. No. 7/3/2014-BO-I]

VIJAY MALHOTRA, Under Secy.

ubZ fnYyh] 18 flrEcj] 2014

dk-vk- 2674-—jk"Vªh;Ñr cSad (izca/ ,oa izdh.kZ micaèk)

Ldhe] 1970@1980 ds [kaM 9 ds mi&[kaM (1) vkSj (2) ds lkFk

ifBr cSaddkjh daiuh (miØeksa dk vtZu ,oa varj.k) vf/fu;e]

1970@1980 dh /kjk 9 dh mi&/kjk 3 ds [kaM (p) }kjk iznÙk

'kfDr;ksa dk iz;ksx djrs gq,] dsUnzh; ljdkj] Hkkjrh; fjtoZ cSad ls

ijke'kZ djus ds i'pkr~ ,rn~}kjk] cSad vkWiQ bafM;k ds ofj"B

izcaèkd Jh gjfoUnj ¯lg (tUe frfFk 28&4&1957) dks mudh

iqu£u;qfDr dh vf/lwpuk dh rkjh[k ls fnukad 30&4&2017 rd]

vFkkZr~ tc os vf/o£"krk dh vk;q izkIr djsaxs vFkok tc rd os

cSad vkWiQ bafM;k ds vf/dkjh ds :i esa viuk inHkkj ugha NksM+

nsrs vFkok vxys vkns'kksa rd] buesa ls tks Hkh igys gks] cSad vkiQ

bafM;k ds funs'kd e.My esa vf/dkjh deZpkjh funs'kd iqu£u;qDr

djrh gSA

¹iQk- la- 6@52@2013&chvks&Iº

fot; eYgks=kk] voj lfpo

New Delhi, the 18th September, 2014

S.O.

2674.—In exercise of the powers conferred

by clause (f) of sub-section 3 of Section 9 of The Banking

Companies (Acquisition and Transfer of Undertakings)

Act, 1970/1980 read with sub-clause (1) & (2) of clause 9

of The Nationalized Banks (Management and

Miscellaneous Provisions) Scheme, 1970/1980, the Central

Government after consultation with the Reserve Bank of

India, hereby re-appoints Shri Harvinder Singh (DoB :

28.04.1957), Senior Manager, Bank of India, as Officer

Employee Director on the Board of Directors of Bank of

India, for a period upto 30.04.2017 i.e. the date of his attaining

the age of superannuation, from the date of notification of

his re-appointment or until he ceases to be an officer of the

Bank of India, or until further orders, whichever is the

earliest.

[F. No. 6/52/2013-BO-I]

VIJAY MALHOTRA, Under Secy.

ubZ fnYyh] 19 flrEcj] 2014

dk-vk- 2675-—fu{ksi chek vkSj izR;; xkjaVh vf/fu;e]

1961 (1961 dk 47) dh /kjk 6 dh mi&/kjk 2 ds [kaM (ii) ds

lkFk ifBr /kjk 6 dh mi&/kjk (1) ds [k.M (?k) }kjk iznÙk

'kfDr;ksa dk iz;ksx djrs gq,] dsUnzh; ljdkj] Hkkjrh; fjtoZ cSad ls

ijke'kZ djds] ,rn~}kjk] Jh jktkjeu jkepUnzu dks mudh vfèklwpuk

dh rkjh[k ls rhu o"kZ dh vof/ ds fy, vFkok vxys vkns'kksa

rd] tks Hkh igys gks] fu{ksi chek vkSj izR;; xkjaVh fuxe

(MhvkbZlhthlh) ds funs'kd eaMy esa va'kdkfyd xSj&ljdkjh

funs'kd ukfer djrh gS A

¹iQk- la- 6@13@2012&chvks&Iº

fot; eYgks=kk] voj lfpo

New Delhi, the 19th September, 2014

S.O.

2675.—In exercise of the powers conferred

by clause (d) of sub-section (1) of Section 6 read with

clause (ii) of sub-section 2 of Section 6 of the Deposit

Insurance and Credit Guarantee Corporation Act, 1961 (47

of 1961), the Central Government, in consultation with

Reserve Bank of India, hereby nominates Shri Rajaraman

Ramachandran as Part Time Non Official Director on the

Board of Directors of Deposit Insurance and Credit

Guarantee Corporation (DICGC), for a period of three

years from the date of his notification, or until further

orders, whichever is earlier.

[F. No. 6/13/2012-BO-I]

VIJAY MALHOTRA, Under Secy.

ubZ fnYyh] 19 flrEcj] 2014

dk-vk- 2676-—jk"Vªh;Ñr cSad (izca/ vkSj izdh.kZ micaèk)

Ldhe] 1970@1980 ds [kaM 9 ds mi&[kaM (1) vkSj (2) ds lkFk

ifBr cSaddkjh daiuh (miØeksa dk vtZu vkSj varj.k) vfèkfu;e]

1970@1980 dh /kjk 9 dh mi&/kjk (3) ds [kaM (p) }kjk iznÙk

'kfDr;ksa dk iz;ksx djrs gq,] dsUnzh; ljdkj] Hkkjrh; fjtoZ cSad ls

ijke'kZ djus ds i'pkr~ ,rn~}kjk] Jh izse oqQekj eDdM+ (tUe

frfFk 12&03&1961)] ofj"B izca/d] cSad vkWiQ cM+kSnk dks mudh

fu;qfDr dh vf/lwpuk dh rkjh[k ls rhu o"kZ dh vof/ ds fy,

vFkok cSad vkWiQ cM+kSnk esa muds vf/dkjh ds in ij cus jgus rd

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6693

vFkok vxys vkns'kksa rd] buesa ls tks Hkh igys gks] cSad vkWiQ

cM+kSnk ds funs'kd e.My esa vf/dkjh deZpkjh funs'kd fu;qDr

djrh gS A

¹iQk- la- 6@51@2013&chvks&Iº

fot; eYgks=kk] voj lfpo

New Delhi, the 19th September, 2014

S.O.

2676.—In exercise of the powers conferred

by clause (f) of sub-section 3 of Section 9 of The Banking

Companies (Acquisition and Transfer of Undertakings)

Act, 1970/1980 read with sub-clause (1) and (2) of clause 9

of The Nationalized Banks (Management and

Miscellaneous Provisions) Scheme, 1970/1980, the Central

Government after consultation with the Reserve Bank of

India, hereby appoints Shri Prem Kumar Makkar (DoB :

12.03.1961), Senior Manager, Bank of Baroda, as Officer

Employee Director on the Board of Directors of Bank of

Baroda, for a period of three years, from the date of

notification of his appointment or until he ceases to be an

officer of the Bank of Baroda, or until further orders,

whichever is the earliest.

[F. No. 6/51/2013-BO-I]

VIJAY MALHOTRA, Under Secy.

ubZ fnYyh] 19 flrEcj] 2014

dk-vk- 2677-—jk"Vªh;Ñr cSad (izca/ ,oa izdh.kZ micaèk)

Ldhe] 1970@1980 ds [kaM 9 ds mi&[kaM (1) vkSj (2) ds lkFk

ifBr cSaddkjh daiuh (miØeksa dk vtZu ,oa varj.k) vf/fu;e]

1970@1980 dh /kjk 9 dh mi&/kjk (3) ds [kaM (M+) }kjk iznÙk

'kfDr;ksa dk iz;ksx djrs gq,] dsUnzh; ljdkj] ,rn~}kjk] Jh cafde

vkj- nslkkbZ (tUe frfFk % 15&06&1960)] ¯lxy ¯oMks vkijsVj

^ch*] nsuk cSad dks mudh fu;qfDr dh vf/lwpuk dh rkjh[k ls rhu

o"kZ dh vof/ ds fy, vFkok nsuk cSad esa muds deZdkj deZpkjh

ds in ij cus jgus rd vFkok vxys vkns'kksa rd] buesa ls tks Hkh

igys gks] nsuk cSad ds funs'kd e.My esa deZdkj&deZpkjh funs'kd

fu;qDr djrh gS A

¹iQk- la- 6@6@2014&chvks&Iº

fot; eYgks=kk] voj lfpo

New Delhi, the 19th September, 2014

S.O.

2677.—In exercise of the powers conferred

by clause (e) of Sub-section 3 of Section 9 of The Banking

Companies (Acquisition and Transfer of Undertakings)

Act, 1970/1980 read with Sub-clause (1) and (2) of Clause 9

of The Nationalised Banks (Management and

Miscellaneous Provisions) Scheme, 1970/1980, the Central

Government hereby appoints Shri Bankim R. Desai (Date

of Birth : 15.06.1960), Single Window Operator ‘B’, Dena

Bank as Workmen Employee Director on the Board of

Directors of Dena Bank for a period of three years from the

date of notification of his appointment or until he ceases to

be a Workmen Employee of Dena Bank or until further

orders, whichever is the earliest.

[F. No. 6/6/2014-BO-I]

VIJAY MALHOTRA, Under Secy.

vkns'k

ubZ fnYyh] 22 flrEcj] 2014

dk-vk- 2678-—jk"Vªh;Ñr cSad (izca/ ,oa izdh.kZ micaèk)

Ldhe] 1970@1980 ds [kaM 8 ds mi&[kaM (1d) }kjk iznÙk

'kfDr;ksa dk iz;ksx djrs gq,] dsUnzh; ljdkj] ,rn~}kjk] Jh lq/hj

oqQekj tSu] vè;{k ,oa izca/ funs'kd] ¯lfMdsV cSad ds dk;Zdky

dks rRdky izHkko ls rFkk bl funs'k ds lkFk lekIr djrh gS fd

uksfVl ds cnys rhu ekg ds osru ,oa HkÙkksa dks iznku djus ij rHkh

fopkj fd;k tk,xk tc mUgsa nks"keqDr fd;k tk,xk A

¹iQk- la- 1@10@2012&lrdZrk (Hkkx&1)º

fot; eYgks=kk] voj lfpo

ORDER

New Delhi, the 22nd September, 2014

S.O.

2678.—In exercise of the powers conferred

by sub-clause (1A) of Clause 8 of the Nationalised Banks

(Management and Miscellaneous Provisions) Scheme

1970/1980, the Central Government hereby terminates

the term of office of Shri Sudhir Kumar Jain as CMD,

Syndicate Bank with immediate effect and with the

direction that grant of three months’ salary and allowances

in lieu of the notice may be considered only if he is

exonerated.

[F. No. 1/10/2012/Vig. (Part-1)]

VIJAY MALHOTRA, Under Secy.

ubZ fnYyh] 24 flrEcj] 2014

dk-vk- 2679-—jk"Vªh;Ñr cSad (izca/ ,oa izdh.kZ micaèk)

Ldhe] 1970@1980 ds [kaM 3 ds mi&[kaM (1) ds lkFk ifBr

cSaddkjh daiuh (miØeksa dk vtZu ,oa varj.k) vf/fu;e]

1970@1980 dh /kjk 9 dh mi&/kjk 3 ds [kaM ([k) }kjk iznÙk

'kfDr;ksa dk iz;ksx djrs gq,] dsUnzh; ljdkj] ,rn~}kjk] Jh ,l-

vkj- esgj] mi lfpo] foÙkh; lsok,a foHkkx dks rRdky izHkko ls

vkSj vxys vkns'kksa rd] Jh ,e- ,e- nkSyk ds LFkku ij iatkc ,aM

¯l/ cSad ds funs'kd e.My esa ljdkj }kjk ukfer funs'kd ukfer

djrh gS A

¹iQk- la- 6@3@2012&chvks&Iº

fot; eYgks=kk] voj lfpo

New Delhi, the 24th September, 2014

S.O.

2679.—In exercise of the powers conferred

by clause (b) of Sub-Section (3) of Section 9 of The Banking

Companies (Acquisition and Transfer of Undertakings)

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

The Nationalized Banks (Management and Miscellaneous

Provisions) Scheme, 1970/1980, the Central Government,

hereby nominates Shri S.R.Mehar, Deputy Secretary,

Department of Financial Services, as Government

Nominee Director on the Board of Directors of Punjab and

Sind Bank with immediate effect and until further orders

vice Shri M.M.Dawla.

[F. No. 6/3/2012-BO-I]

VIJAY MALHOTRA, Under Secy.

6694

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

ubZ fnYyh] 29 flrEcj] 2014

dk-vk- 2680-—dkS'ky fodkl Í.k xkjaVh dks"k dh LFkkiuk

ds fy, eaf=keaMy ds vuqeksnu (ekeyk la- 364) ds vuqlj.k esa

;g foHkkx] fuf/ ds O;oLFkkid ds :i esa ,rn~}kjk] eq[; dk;Zikyd

vf/dkjh] us'kuy ØsfMV xkjaVh VªLVh daiuh fyfeVsM dks fuf/

izca/u lfefr ds lnL; ds :i esa fu;qDr djrk gS A

¹iQk- la- 1@12@2011&vkbZ,iQ&IIº

mn; Hkku ¯lg] voj lfpo

New Delhi, the 29th September, 2014

S.O.

2680.—Pursuant to the Cabinet approval

(case No. 364) for establishment of a Credit Guarantee Fund

for Skill Development, this Department as a settler of the

Fund hereby appoints Chief Executive Officer, National

Credit Guarantee Trustee Company Limited as Member

Secretary in the Management Committee of the Fund.

[F. No. 1/12/2011-IF-II]

UDAI BHAN SINGH, Under Secy.

ubZ fnYyh] 30 flrEcj] 2014

dk-vk- 2681-—isa'ku fuf/ fofu;ked vkSj fodkl

izkfèkdj.k vf/fu;e] 2013 (2013 dk 23) dh /kjk 4 }kjk iznÙk

'kfDr;ksa dk iz;ksx djrs gq,] dsUnzh; ljdkj] ,rn~}kjk] Jh gseUr

th- dkUVsªDVj dks inHkkj xzg.k djus dh rkjh[k ls ikap o"kZ dh

vofèk ds fy, vFkok 65 o"kZ dh vk;q iwjh gksus rd vFkok vxys

vkns'kksa rd] buesa ls tks Hkh igys gks] vkokl vkSj dkj dh lqfo/

k ds fcuk 4-50 yk[k #i, izfr ekg (lesfdr) ds osru esa isa'ku

fuf/ fofu;ked vkSj fodkl izkf/dj.k (ih,iQvkjMh,) ds vè;{k

ds in ij fu;qDr djrh gS A

¹iQk- la- 1@3@2013&ihvkjº

,ukW jk;] funs'kd (lrdZrk ,oa ihvkj)

New Delhi, the 30th September, 2014

S.O.

2681.—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 Hemant G. Contractor as Chairman of

the Pension Fund Regulatory and Development Authority

(PFRDA) for a period of five years with effect from the date

of assumption of charge of the post, or till attaining the age

of 65 years or until further orders, whichever is earliest, in

the scale of pay of Rs. 4.50 lakh per month (consolidated),

without facility of house and car.

[F. No. 1/3/2013-PR]

ANNA ROY, Director (Vig. & PR)

(O;; foHkkx)

ubZ fnYyh] 8 vDrwcj] 2014

dk-vk- 2682-—Hkfo"; fuf/ vf/fu;e] 1925 (1925

dk 19) ds [kaM 8 ds mi [kaM (2) }kjk iznÙk 'kfDr;ksa dk iz;ksx

djrs gq, dsUnz ljdkj ,rn~}kjk ;g funs'k nsrh gS fd mDr vfèkfu;e

([kaM 6d dks NksM+dj) ds izko/ku dsUnzh; gksfe;ksiSFkh ifj"kn~ ds

deZpkfj;ksa ds fgr ds fy, LFkkfir Hkfo"; fuf/ ij ykxw gksaxs A

¹iQk- la- 4(1)&bZoh@2009º

fot; oqQekj ¯lg] funs'kd

(Department of Expenditure)

New Delhi, the 8th October, 2014

S.O.

2682.—In exercise of the powers conferred

by sub-section (2) of Section 8 of the Provident Funds Act,

1925 (19 of 1925), the Central Government hereby directs

that the provisions of the said Act (except Section 6A)

shall apply to the Provident Fund established for the benefit

of the employees of the Central Council of Homeopathy.

[F. No. 4(1)-EV/2009]

VIJAY KUMAR SINGH, Director

ubZ fnYyh] 8 vDrwcj] 2014

dk-vk- 2683-—Hkfo"; fuf/ vf/fu;e] 1925 (1925 dk

19) ds [kaM 8 ds mi [kaM (3) }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs

gq, dsUnz ljdkj] bl vf/lwpuk ds izdk'ku dh rkjh[k ls

fuEufyf[kr yksd laLFkku dks ,rn~}kjk mDr vf/fu;e dh vuqlwph

esa la;ksftr djrh gS %µ

¶dsUæh; gksfe;ksiSFkh ifj"kn¸

¹iQk- la- 4(1)&bZoh@2009º

fot; oqQekj ¯lg] funs'kd

New Delhi, the 8th October, 2014

S.O.

2683.—In exercise of the powers conferred

by sub-section (3) of section 8 of the Provident Funds Act,

1925 (19 of 1925), the Central Government hereby adds to

the Schedule to the said Act with effect from the date of

publication of the notification, the name of the following

public institution, namely:—

“Central Council of Homeopathy”

[F. No. 4(1)-EV/2009]

VIJAY KUMAR SINGH, Director

lapkj vkSj lwpuk çkS|ksfxd ea=kky;

(nwjlapkj foHkkx)

(jktHkk"kk vuqHkkx)

ubZ fnYyh] 7 vDrwcj] 2014

dk-vk- 2684-—dsUnzh; ljdkj] jktHkk"kk (la?k ds 'kkldh;

iz;kstuksa ds fy, iz;ksx fu;e] 1976 (;Fkk la'kksf/r] 1987] 2007

rFkk 2011) ds fu;e 10(4) ds vuqlj.k esa (d) eq[; egkizcaèkd

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6695

nwjlapkj] jktLFkku nwjlapkj ifjeaMy ds iz'kklfud fu;a=k.k ds

varxZr nwjlapkj ftyk izca/d dk;kZy;] cwanh ([k) eq[; egkizcaèkd

dk;kZy;] dsjy nwjlapkj ifjeaMy ds iz'kklfud fu;a=k.k ds varxZr

egkizca/d dk;kZy;] eYyiqje rFkk (x) eq[; egkizca/d dk;kZy;]

iatkc nwjlapkj ifjeaMy ds iz'kklfud fu;a=k.k ds varxZr egkizca/

d nwjlapkj dk;kZy;] c¯BMk] ftuesa 80 izfr'kr ls vf/d deZpkfj;ksa

us ¯gnh dk;Zlk/d Kku izkIr dj fy;k gS] dks ,rn~}kjk vf/lwfpr

djrh gS A

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

gksxh A

¹la- bZ&11016@01@2009&jktHkk"kkº

,l-lh- 'kekZ] mi egkfuns'kd

MINISTRY OF COMMUNICATIONS AND

INFORMATION TECHNOLOGY

(Department of Telecommunications)

(O.L. SECTION)

New Delhi, the 7th October, 2014

S.O.

2684.— In pursuance of rule 10(4) of the

Official Languages (use for official purpose of the Union)

Rules, 1976 the Central Government hereby notifies the (a)

Office of the Telecom District Manager, Boondi under

administrative control of the Office of the Chief General

Manager Telecom, Rajasthan Telecom Circle (b) Office

of the General Manager, Malappuram under

administrative control of the Office of the Chief General

Manager Telecom, Kerala Telecom Circle and (c) Office

of the General Manager, Telecom office, Bhatinda under

the administrative control of the Chief General Managar,

Punjab Telecom Circle, where more than 80% staff have

acquired working knowledge of Hindi.

2.

This notification shall come into force from the date

of its publication in the Official Gazette.

[No. E-11016/1/2009-O.L.]

S.C. SHARMA, Dy. Director General

lkaf[;dh vkSj dk;ZØe dk;kZUo;u ea=kky;

ubZ fnYyh] 18 flrEcj] 2014

dk-vk- 2685-—dsUnzh; ljdkj] jktHkk"kk (la?k ds 'kkldh;

iz;kstuksa ds fy, iz;ksx) fu;e] 1976 (;Fkk la'kksf/r] 1987) ds

fu;e 10 ds mi fu;e (4) ds vuqlj.k esa] lkaf[;dh vkSj

dk;ZØe dk;kZUo;u ea=kky; ds v/hu {ks=k ladk;Z izHkkx] jk"Vªh;

izfrn'kZ losZ{k.k dk;kZy; ds fuEufyf[kr dk;kZy;ksa] ftlds

80 izfr'kr deZpkfj;ksa us ¯gnh dk dk;Zlk/d Kku izkIr dj fy;k

gS] dks Hkkjr ds jkti=k esa vf/lwfpr djrh gS %µ

1-

mi&{ks=kh; dk;kZy;] iQrsgiqj

2-

mi&{ks=kh; dk;kZy;] >kalh

3-

mi&{ks=kh; dk;kZy;] xksaMk

4-

mi&{ks=kh; dk;kZy;] dkuiqj

¹la- bZ&11011@2@2006&¯gnhº

nsosUnz oekZ] mi egkfuns'kd

MINISTRY OF STATISTICS AND PROGRAMME

IMPLEMENTATION

New Delhi, the 18th September, 2014

S.O.

2685.—In pursuance of sub rule (4) of Rule

10 of the Official Language (use for official purposes of the

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

Government hereby notify the following offices of Field

Operation Division, National Sample Survey Office under

the Ministry of Statistics and Programme Implementation

in the Gazette of India where 80 percent of the staff has

acquired the working knowledge of IIindi :-

1.

Sub Regional Office, Fatehpur

2.

Sub Regional Office, Jhansi

3.

Sub Regional Office, Gonda

4.

Sub Regional Office. Kanpur

[No. E-11011/2/2006-Hindi]

DEVENDRA VERMA, Dy. Director General

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

(miHkksDrk ekeys foHkkx)

(Hkkjrh; ekud C;wjks)

ubZ fnYyh] 29 flrEcj] 2014

dk-vk- 2686-—Hkkjrh; ekud C;wjks (izek.ku) fofu;e 1988 ds fofu;e 4 ds mifofu;e (5) ds vuqlj.k esa Hkkjrh; ekud C;wjks

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

vuqlwph

Ø- ykblsal

LohÑfr djus dh

ykblsal/kjh dk uke ,oa irk

Hkkjrh; ekud dk 'kh"kZd

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

la- la[;k

frfFk o"kZ@ekg

1- 2884680

02&05&2014

,lksfl,VsM dscYl izk-fy-

dkl¯yDM ikWyhfFkyhu fo|qrjks/h

Hkk ek 7098%Hkkx 1%1988

lh&9 ,evk;Mhlh] [ksjMh]

ihohlh vkofjr dscy Hkkx 1]

rkyqdk % fpiyqu

1100 oks-rd ,oa lfgr dk;Zdkjh

ftyk % jRukfxjh&415604

oksYVrk gsrq

6696

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

2- 2884882

09&05&2014

fo'othr ykseVs

,lh ikoj ra=kks ds fy, Lor% Bhd

Hkk ek 13585%Hkkx 1%1994

IykWV la- ch&40] flUuj

gksus okys 650 oksYV rd dh jsVhr

,evk;Mhlh] ekysxkao

oksYVrk ds fy, ikoj la/kfj=k

ftyk ukfld]

egkjk"Vª&422103

3- 2888587

09&05&2014

izslhlu bysDVªhdYl

bysDVªkWfud Vkbi ia[kk jsxqysVj

Hkk ek 11037%1984

xkyk la- 3 ,oa 4]

pkS/jh bUVjus'kuy b.M- bLVsV

foyst uo?kj] olbZ iwoZ

ftyk % Fkkus 401202

4- 2888284

20&05&2014

,l ,l ikWyhelZ

fo|qr laLFkkiuksa ds fy, ufydk,a

Hkk ek 9537%Hkkx 3%1983

IykWV la- th&7]

Hkkx 3 fo|qrjks/h lkexzh ds n`<`lkns

vks-vk-Mh-lh- b.M- bLVsV

bLikr ufydk,a

m|ksx uxj] ¯jxu okMk]

neu&396210

5- 2888789

21&05&2014

LVjykbZV VsDuksykWtht fy-

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

Hkk ek 398%Hkkx 1%1996

losZ la- 209] isQl 2]

,Y;wfefu;e pkyd&Hkkx&1]

fiifj;k b.M- bLVsV]

,Y;wfefu;e yMnkj pkyd

flyoklk] ftyk nknjk vkSj

uxj gosyh&396 230

6- 2889185

23&05&2014

Xykscy dscYl

1100 oks rd ,oa lfgr dk;Zdkjh

Hkk ek 694%1990

Ñ".kk b.M- bLVsV]

oksYVrk ds fy, ih oh lh jksf/r

isQt II] ch fc¯YMx]

dscy

;wfuV la- 101@102@103

Øe la- 906@2]

foyst % veyh

flyoklk&396230]

nknjk uxj gosyh

7- 2889892

29&05&2014

ikWyhdWc ok;j izk- fy-

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

Hkk ek 398%Hkkx 4%1996

78&82] flyoj b.M- bLVsV]

,Y;wfefu;e pkyd&4] ,Y;wfefu;e

Hkheiksj] neu&396210

feJ/krq ds yMnkj pkyd]

(,Y;wfefu;e eSXuhf'k;e flyhdkWu

VkbZi)

8- 2889993

29&05&2014

fn lqizhe b.MLVªht fy-]

vIySfLVfdr ikWyhfouk;y DyksjkbM

Hkk ek 14182%1994

;wfuV la- 3] xV la- 47] 47@2]

IykfLVd ikbZiksa vkSj fiQ¯VXl esa

48&50] 55&56] 69] 70]

mi;ksx ds fy, foyk;d flesaV

72 ,oa 73 tyxkao&xMsxkao]

rkyqdk&teusj]

ftyk % tyxkao&425114

9- 2891778

29&05&2014

fot; lczs lsiQVh izk- fy-]

'okl laj{kd midj.k vk/s psgjs dks

Hkk ek 14746 % 1999

;wfuV 1] IykWV la- 11]

<dus ds eq[kkSVs rFkk dsoy ukd vkSj

losZ la- 46@,yih]

eqag dks <dus ds eq[kkSVs

neu xaxk b.M- bLVsV]

vFky] flyoklk&fHkykM jksM]

flyoklk&396230

ftyk % nknjk ,oa uxj gosyh

¹la- dsUnzh; izek.ku foHkkx@13%11º

Vh- dySok.ku] izeq[k (,e;wchvks&bZbZbZ)

Ø- ykblsal

LohÑfr djus dh ykblsal/kjh dk uke ,oa irk

Hkkjrh; ekud dk 'kh"kZd

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

la- la[;k

frfFk o"kZ@ekg

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6697

MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION

(Department of Consumer Affairs)

(BUREAU OF INDIAN STANDARDS)

New Delhi, the 29th September, 2014

S.O.

2686.—In pursuance of sub-regulation (5) of regulation 4 of the Bureau of Indian Standards (Certification)

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

the following schedule :

SCHEDULE

Sl.

Licence

Grant

Name and address

Product

IS No./Part/Sec Year

No.

No.

Date

(factory) of the party

1

2884680

02/05/2014 Associated Cables Pvt. Ltd.

Crosslinked Polyethylene Insulated

IS 7098:Part 1:1988

C-9, MIDC, Kherdi,

PVC Sheathed Cables: Part I for

Tal. Chiplun,

working valtage upto and including

Distt. : Ratnagiri-415604

1100V

2

2884882

09/05/2014 Vishwajeet Lomte

Shunt Capacitors of Non self healing IS 13585:Part 1:1994

Plot No. B-40, Sinanr,

type for AC Power systems having a

MIDC, Malegaon,

rated voltage upto and including

Distt. : Nashik

650 V

Maharashtra-422103

3

2888587

09/05/2014 Precision Electriclas

Electronic Type Fan

IS 11037:1984

Gala No. 3&4,

Choudhary International

Industrial Estate Village

Navghar, vasai (E),

Distt. : Thane-401202

4

2888284

20/05/2014 S.S. Polymers

Conduits for Electricals Installa-

IS 9537:Part 3:1983

Plot No. G-7,

tions: part 3 Rigid Plain conduits

OIDC Industrial Estate,

of insulating materials (superseding

Udyog Nagar, Ringanwada, IS:2509)

Daman-396230

Daman & Diu

5

2888789

21/05/2014 Sterlite Technologies Ltd.

Aluminium conductors for overhead

IS 398:part 1:1996

Survey No. 209, Phase II,

Transmission Purposes: Part I

Piparia Indl. Estate,

Aluminium stranded conductors

Silvassa-396230

Distt. : Dadra and

Nagar Haveli,

6

2889185

23/05/2014 Global Cables

PVC Insulated Cables for working

IS 694:1990

Krishna Indl. Estate,

Voltages upto and including 1100 V

Phase II, B-Building,

IS 694:1990

Unit No. 101/102/103,

S.No. 906/2, Village Amli,

Silvassa-396230,

Dadra and Nagar Haveli

7

2889892

29/05/2014 Polycab Wires Pvt. Ltd.

Aluminium Conductors for overhead

IS 398:Part 4:1994

78-82, silver Indl. Estate,

Transmission Puposes:Parts 4

Bhimpore, Daman-396210

Aluminium Alloy Stranded conductors

(Aluminium magnesium Silicon type)

6698

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

8

2889993

29/05/2014

The Supreme Industries

Solveni Cement for use with

IS 14182:1994

Ltd., Unit No. 3 Gat No. 47,

Unplasticized Ployvinylchloride

47/2, 48-50,55-66, 69,70,72 Plastic Pipe and Fittings

and 73, Jalgaon-Aurangabad

State Highway, At post :

Gadegaon, Tal : Jamner,

Distt. : Jalgaon-425114

9

2891778

29/05/2014

Vijay Sabre Safety Pvt. Ltd.,

Respiratory Protective Devices-

IS 14746:1999

Unit I Plot No. 11,

Half Masks and Quarter Masks-

Survey No. 46/LP,

Specification

Daman Ganga Indl. Estate,

Athal, Silvassa-Bhilad Road,

Silvassa-396230,

Distt.:Dadra and Nagar Haveli

[No. CMD/13:11]

T. KALAIVANANA, Head (MUBO-EEE)

ubZ fnYyh] 29 flrEcj] 2014

dk-vk- 2687-—Hkkjrh; ekud C;wjks (izek.ku) fofu;e 1988 ds fofu;e 5 ds mifofu;e (6) ds vuqlj.k esa Hkkjrh; ekud

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

vuqlwph

Ø-

ykblsal

ykblsal/kjh dk uke ,oa irk

ykblsal ds varxZr oLrq@izde lEc¼

jí djus dh frfFk

la[;k

la[;k

Hkkjrh; ekud dk 'kh"kZd

oqQN ugha

¹la- dsUnzh; izek.ku foHkkx@13%13º

Vh- dySok.ku] izeq[k (,e;wchvks&bZbZbZ)

New Delhi, the 29th September, 2014

S.O.

2687.—In pursuance of sub-regulation (6) of regulation 5 of the Bureau of Indian Standards (Certification)

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

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

SCHEDULE

Sl.

Licence

Name and address of the licensee

Article/Process with relevant Indian

Date of

No.

No.

standard covered by the Licence

cancellation

NIL

[No. CMD/13:13]

T. KALAIVANANA, Head (MUBO-EEE)

Sl.

Licence

Grant

Name and address

Product

IS No./Part/Sec Year

No.

No.

Date

(factory) of the party

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6699

Je vkSj jkstxkj ea=kky;

ubZ fnYYkh] 29 flrEcj] 2014

dk-vk- 2688-—dsUæh; ljdkj] deZpkjh jkT; chek

vfèkfu;e] 1948 (1948 dk 34) dh /kjk 91&d ds lkFk ifBr

èkkjk 88 n~okjk iznRr 'kfDr;ksa dk iz;ksx djrs gq, ,rn~}kjk psUubZ

isVªksfy;e dkiksZjs'ku fyfeVsM ds dkj[kkuksa@LFkkiukvksa ds fu;fer

deZpkfj;ksa dks bl vf/fu;e ds izorZu ls NwV iznku djrh gSA ;g

NwV] vf/lwpuk ds tkjh gksus dh rkjh[k ls ,d o"kZ dh vof/ ds

fy, ykxw jgsxh A

2- mDr NwV fuEufyf[kr 'krks± ds v/hu gS_ vFkkZr~ %—

(1) iwoksZDr LFkkiuk ftlesa deZpkjh fu;ksftr gSa] ,d jftLVj

j[ksxh] ftlesa NwV izkIr deZpkfj;ksa ds uke vkSj inuke

fn[kk;s tk;saxs_

(2) bl NwV ds gksrs gq, Hkh] deZpkjh mDr vf/fu;e ds

vèkhu ,slh izlqfo/k,a izkIr djrs jgsaxs ftudks ikus ds

fy, os bl vf/lwpuk n~okjk nh xbZ NwV ds izo`Rr gksus

dh rkjh[k ls iwoZ lanRr va'knkuksa ds vk/kj ij gdnkj

gks tkrs gSa_

(3) NwV izkIr vof/ ds fy,] ;fn dksbZ vfHknk; igys gh

fd, tk pqds gksa] rks os okil ugha fd, tk,axs_

(4) mDr dkj[kkus@LFkkiuk dk fu;kstd ml vof/ dh ckcr

ftlds nkSjku ml dkj[kkus@LFkkiuk ij mDr vf/fu;e

(ftls blesa blds i'pkr~ mDr vof/ dgk x;k gS)

izorZeku Fkk ,slh foojf.k;ka] ,sls izk:i esa vkSj ,slh

fof'kf"V;ksa lfgr nsxk tks deZpkjh jkT; chek (lkèkkj.k)

fofu;e] 1950 ds v/hu mls mDr vof/ dh ckcr

nsuh visf{kr gksrh Fkha_

(5) fuxe n~okjk mDr deZpkjh jkT; chek vf/fu;e dh

/kjk 45 dh mi&/kjk (1) ds v/hu fu;qDr fd;k x;k

dksbZ fujh{kd ;k fuxe dk bl fufeRr izkf/Ñr dksbZ

vU; in/kjh_

(i) /kjk 44 dh mi&/kjk (1) ds v/hu] mDr

vof/ dh ckcr nh xbZ fdlh fooj.k dh

fof'kf"V;ksa dks lR;kfir djus ds iz;kstukFkZ_ vFkok

(ii) ;g vfHkfuf'pr djus ds iz;kstukFkZ fd deZpkjh

jkT; chek (lk/kj.k) fofu;e] 1950 n~okjk

;Fkkvisf{kr jftLVj vkSj vfHkys[k mDr vof/

ds fy, j[ks x;s Fks ;k ugha_ ;k

(iii) ;g vfHkfuf'pr djus ds iz;kstukFkZ fd deZpkjh]

fu;kstd n~okjk fn;s x, mu iQk;nksa dks] ftlds

iQyLo:i bl vf/lwpuk ds v/hu NwV nh tk

jgh gS] udn esa vkSj oLrq :i esa ikus dk gdnkj

cuk gqvk gS ;k ugha_ ;k

(iv) ;g vfHkfuf'pr djus ds iz;kstukFkZ fd ml

vof/ ds nkSjku] tc mDr dkj[kkus ds laca/ esa

vf/fu;e ds mica/ izo`Ùk Fks] ,sls fdUgha micaèkksa

dk vuqikyu fd;k x;k Fkk ;k ugha] fuEufyf[kr

dk;Z djus ds fy, l'kDr gksxk%&

(d) iz/ku ;k vklUu fu;kstd ls vis{kk djuk

fd og mls ,slh tkudkjh ns ftls mijksDr

fujh{kd ;k vU; in/kjh vko';d le>rk

gS_ vFkok

([k) ,sls iz/ku ;k vklUu fu;kstd ds

vfèkHkksxk/hu] fdlh dkj[kkus] LFkkiuk]

dk;Zky; ;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 lacafèkr

,sls ys[kk] cfg;ka vkSj vU; nLrkost] ,sls

fujh{kd ;k vU; in/kjh ds le{k izLrqr

djsa vkSj mudh ijh{kk djus nsa ;k ,slh

tkudkjh nsa ftls os vko';d le>rs gSa_

;k

(x) iz/ku ;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

(?k) ,sls dkj[kkus] LFkkiuk] dk;Zky; ;k vU;

ifjlj esa j[ks x, fdlh jftLVj] ys[kk]

cgh ;k vU; nLrkost dh udy rS;kj

djuk ;k m¼j.k ysuk_

(M-) ;Fkkfu/kZfjr vU; 'kfDr;ksa dk iz;ksx djukA

(6) fofuos'[email protected] ds ekeys esa] iznRr NwV Lor% jí

gks tk,xh vkSj rc u, izfr"Bku dks NwV gsrq leqfpr

ljdkj dh vuqefr ysuh gksxhA

[la- ,l&38014@13@2014&,l,l&I]

lqHkk"k oqQekj] voj lfpo

MINISTRY OF LABOUR AND EMPLOYMENT

New Delhi, the 29th September, 2014

S.O. 2688.—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/

establishments of Chennai Petroleum Corporation Limited

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 :—

6700

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

(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;

(3)

The contributions for the exempted period, if

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 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 then the new entity will have to

approach the appropriate Government for

exemption,

[No. S-38014/13/2014-SS-I]

SUBHASH KUMAR, Under Secy.

ubZ fnYYkh] 30 flrEcj] 2014

dk-vk- 2689-—dsUæh; ljdkj] deZpkjh jkT; chek

vfèkfu;e] 1948 (1948 dk 34) dh /kjk 91&d ds lkFk ifBr

èkkjk 88 n~okjk iznRr 'kfDr;ksa dk iz;ksx djrs gq, ,rn~}kjk lsUVªy

flYd cksMZ] caxyksj ds dkj[kkuksa@LFkkiukvksa ds fu;fer deZpkfj;ksa

dks bl vf/fu;e ds izorZu ls NwV iznku djrh gSA ;g NwV] bl

vf/lwpuk tkjh gksus dh rkjh[k ls ,d o"kZ dh vof/ ds fy,

jgsxh A

2- mDr NwV fuEufyf[kr 'krks± ds v/hu gS_ vFkkZr~ %—

(1) iwoksZDr LFkkiuk ftlesa deZpkjh fu;ksftr gSa] ,d jftLVj

j[ksxh] ftlesa NwV izkIr deZpkfj;ksa ds uke vkSj inuke

fn[kk;s tk;saxs_

(2) bl NwV ds gksrs gq, Hkh] deZpkjh mDr vf/fu;e ds

vèkhu ,slh izlqfo/k,a izkIr djrs jgsaxs ftudks ikus ds

fy, os bl vf/lwpuk n~okjk nh xbZ NwV ds izo`Rr gksus

dh rkjh[k ls iwoZ lanRr va'knkuksa ds vk/kj ij gdnkj

gks tkrs gSa_

(3) NwV izkIr vof/ ds fy,] ;fn dksbZ vfHknk; igys gh

fd, tk pqds gksa] rks os okil ugha fd, tk,axs_

(4) mDr dkj[kkus@LFkkiuk dk fu;kstd ml vof/ dh ckcr

ftlds nkSjku ml dkj[kkus@LFkkiuk ij mDr vf/fu;e

(ftls blesa blds i'pkr~ mDr vof/ dgk x;k gS)

izorZeku Fkk ,slh foojf.k;ka] ,sls izk:i esa vkSj ,slh

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6701

fof'kf"V;ksa lfgr nsxk tks deZpkjh jkT; chek (lkèkkj.k)

fofu;e] 1950 ds v/hu mls mDr vof/ dh ckcr nsuh

visf{kr gksrh Fkha_

(5) fuxe n~okjk mDr deZpkjh jkT; chek vf/fu;e dh

/kjk 45 dh mi&/kjk (1) ds v/hu fu;qDr fd;k x;k

dksbZ fujh{kd ;k fuxe dk bl fufeRr izkf/Ñr dksbZ

vU; in/kjh_

(i) /kjk 44 dh mi&/kjk (1) ds v/hu] mDr

vof/ dh ckcr nh xbZ fdlh fooj.k dh fof'kf"V;ksa

dks lR;kfir djus ds iz;kstukFkZ_ vFkok

(ii) ;g vfHkfuf'pr djus ds iz;kstukFkZ fd deZpkjh

jkT; chek (lk/kj.k) fofu;e] 1950 n~okjk

;Fkkvisf{kr jftLVj vkSj vfHkys[k mDr vof/

ds fy, j[ks x;s Fks ;k ugha_ ;k

(iii)

;g vfHkfuf'pr djus ds iz;kstukFkZ fd deZpkjh]

fu;kstd n~okjk fn;s x, mu iQk;nksa dks] ftlds

iQyLo:i bl vf/lwpuk ds v/hu NwV nh tk

jgh gS] udn esa vkSj oLrq :i esa ikus dk gdnkj

cuk gqvk gS ;k ugha_ ;k

(iv) ;g vfHkfuf'pr djus ds iz;kstukFkZ fd ml

vof/ ds nkSjku] tc mDr dkj[kkus ds laca/ esa

vf/fu;e ds mica/ izo`Ùk Fks] ,sls fdUgha micaèkksa

dk vuqikyu fd;k x;k Fkk ;k ugha] fuEufyf[kr

dk;Z djus ds fy, l'kDr gksxk%&

(d) iz/ku ;k vklUu fu;kstd ls vis{kk djuk

fd og mls ,slh tkudkjh ns ftls mijksDr

fujh{kd ;k vU; in/kjh vko';d le>rk

gS_ vFkok

([k) ,sls iz/ku ;k vklUu fu;kstd ds

vfèkHkksxk/hu] fdlh dkj[kkus] LFkkiuk]

dk;Zky; ;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 lacafèkr

,sls ys[kk] cfg;ka vkSj vU; nLrkost] ,sls

fujh{kd ;k vU; in/kjh ds le{k izLrqr

djsa vkSj mudh ijh{kk djus nsa ;k ,slh

tkudkjh nsa ftls os vko';d le>rs gSa_

;k

(x) iz/ku ;k vklUu fu;kstd dh] mlds

vfHkdrZk ;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

(?k) ,sls dkj[kkus] LFkkiuk] dk;Zky; ;k vU;

ifjlj esa j[ks x, fdlh jftLVj] ys[kk]

cgh ;k vU; nLrkost dh udy rS;kj

djuk ;k m¼j.k ysuk_

(M-) ;Fkkfu/kZfjr vU; 'kfDr;ksa dk iz;ksx djukA

(6) fofuos'[email protected] ds ekeys esa] iznRr NwV Lor% jí

gks tk,xh vkSj rc u, izfr"Bku dks NwV gsrq leqfpr

ljdkj dh vuqefr ysuh gksxhA

[la- ,l&38014@14@2014&,l,l&I]

lqHkk"k oqQekj] voj lfpo

New Delhi, the 30th September, 2014

S.O. 2689.—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/

establishments of Central Silk Board, Bangalore 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;

(3)

The contributions for the exempted period, if

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

6702

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

(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 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 then the new entity will have to

approach the appropriate Government for

exemption,

[No. S-38014/14/2014-SS-I]

SUBHASH KUMAR, Under Secy.

ubZ fnYYkh] 30 flrEcj] 2014

dk-vk- 2690-—dsUæh; ljdkj] deZpkjh jkT; chek

vfèkfu;e] 1948 (1948 dk 34) dh /kjk 91&d ds lkFk ifBr

èkkjk 88 n~okjk iznRr 'kfDr;ksa dk iz;ksx djrs gq, ,rn~}kjk bLdks

LVhy IykaV vkWiQ lsy] cuZiqj] if'pe caxky ds dkj[kkuksa@LFkkiukvksa

ds fu;fer deZpkfj;ksa dks bl vf/fu;e ds izorZu ls NwV iznku

djrh gSA ;g NwV] 01-10-2014 ls ,d o"kZ dh vof/ ds fy, jgsxh

A

2- mDr NwV fuEufyf[kr 'krks± ds v/hu gS_ vFkkZr~ %—

(1) iwoksZDr LFkkiuk ftlesa deZpkjh fu;ksftr gSa] ,d jftLVj

j[ksxh] ftlesa NwV izkIr deZpkfj;ksa ds uke vkSj inuke

fn[kk;s tk;saxs_

(2) bl NwV ds gksrs gq, Hkh] deZpkjh mDr vf/fu;e ds

vèkhu ,slh izlqfo/k,a izkIr djrs jgsaxs ftudks ikus ds

fy, os bl vf/lwpuk n~okjk nh xbZ NwV ds izo`Rr gksus

dh rkjh[k ls iwoZ lanRr va'knkuksa ds vk/kj ij gdnkj

gks tkrs gSa_

(3) NwV izkIr vof/ ds fy,] ;fn dksbZ vfHknk; igys gh

fd, tk pqds gksa] rks os okil ugha fd, tk,axs_

(4) mDr dkj[kkus@LFkkiuk dk fu;kstd ml vof/ dh ckcr

ftlds nkSjku ml dkj[kkus@LFkkiuk ij mDr vf/fu;e

(ftls blesa blds i'pkr~ mDr vof/ dgk x;k gS)

izorZeku Fkk ,slh foojf.k;ka] ,sls izk:i esa vkSj ,slh

fof'kf"V;ksa lfgr nsxk tks deZpkjh jkT; chek (lkèkkj.k)

fofu;e] 1950 ds v/hu mls mDr vof/ dh ckcr

nsuh visf{kr gksrh Fkha_

(5) fuxe n~okjk mDr deZpkjh jkT; chek vf/fu;e dh

/kjk 45 dh mi&/kjk (1) ds v/hu fu;qDr fd;k x;k

dksbZ fujh{kd ;k fuxe dk bl fufeRr izkf/Ñr dksbZ

vU; in/kjh_

(i) /kjk 44 dh mi&/kjk (1) ds v/hu] mDr

vof/ dh ckcr nh xbZ fdlh fooj.k dh

fof'kf"V;ksa dks lR;kfir djus ds iz;kstukFkZ_ vFkok

(ii) ;g vfHkfuf'pr djus ds iz;kstukFkZ fd deZpkjh

jkT; chek (lk/kj.k) fofu;e] 1950 n~okjk

;Fkkvisf{kr jftLVj vkSj vfHkys[k mDr vof/

ds fy, j[ks x;s Fks ;k ugha_ ;k

(iii) ;g vfHkfuf'pr djus ds iz;kstukFkZ fd deZpkjh]

fu;kstd n~okjk fn;s x, mu iQk;nksa dks] ftlds

iQyLo:i bl vf/lwpuk ds v/hu NwV nh tk

jgh gS] udn esa vkSj oLrq :i esa ikus dk gdnkj

cuk gqvk gS ;k ugha_ ;k

(iv) ;g vfHkfuf'pr djus ds iz;kstukFkZ fd ml

vof/ ds nkSjku] tc mDr dkj[kkus ds laca/ esa

vf/fu;e ds mica/ izo`Ùk Fks] ,sls fdUgha micaèkksa

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6703

dk vuqikyu fd;k x;k Fkk ;k ugha] fuEufyf[kr

dk;Z djus ds fy, l'kDr gksxk%&

(d) iz/ku ;k vklUu fu;kstd ls vis{kk djuk

fd og mls ,slh tkudkjh ns ftls mijksDr

vf/dkjh ;k vU; in/kjh bl vfèkfu;e

ds iz;kstukFkZ vko';d le>rk gS_ vFkok

([k) ,sls iz/ku ;k vklUu fu;kstd ds

vfèkHkksxk/hu] fdlh dkj[kkus] LFkkiuk]

dk;kZy; ;k vU; ifjlj esa fdlh Hkh

mfpr le; ij izos'k djuk vkSj mlds

izHkkjh ls vis{kk djuk fd og O;fDr;ksa

ds fu;kstu vkSj etnwjh ds lank; ls lacafèkr

,sls ys[kk] cfg;ka vkSj vU; nLrkost] ,sls

fujh{kd ;k vU; in/kjh ds le{k izLrqr

djsa vkSj mudh ijh{kk djus nsa ;k ,slh

tkudkjh nsa ftls os vko';d le>rs gSa_

;k

(x) iz/ku ;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

(?k) ,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 m¼j.k ysuk_

(M-) ;Fkkfu/kZfjr vU; 'kfDr;ksa dk iz;ksx djukA

(6) fofuos'[email protected] ds ekeys esa] iznRr NwV Lor% jí

gks tk,xh vkSj rc u, izfr"Bku dks NwV gsrq leqfpr

ljdkj dh vuqefr ysuh gksxhA

[la- ,l&38014@27@2013&,l,l&I]

lqHkk"k oqQekj] voj lfpo

New Delhi, the 30th September, 2014

S.O. 2690.—In exercise of the power conferred by

Section 88 read with Section 91A of the Employees’ State

Insurance Act, 1948 (34 of 1948) the Central Government

hereby exempts the regular employees of factories/

establishments of IISCO Steel Plant of Sail, Burnpur (West

Bengal) from the operation of the said Act. The exemption

shall be effective w.e.f. 01-10-2014 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;

(3)

The contributions for the exempted period, if

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

6704

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

(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 then the new entity will have to

approach the appropriate Government for

exemption.

[No. S-38014/27/2013-SS-I]

SUBHASH KUMAR, Under Secy.

ubZ fnYYkh] 30 flrEcj] 2014

dk-vk- 2691-—dsUæh; ljdkj] deZpkjh jkT; chek

vfèkfu;e] 1948 (1948 dk 34) dh /kjk 91d ds lkFk ifBr

èkkjk 88 n~okjk iznRr 'kfDr;ksa dk iz;ksx djrs gq, ,rn~}kjk eSllZ

Mh;e bafM;k izkbosV fyfeVsM] ubZ fnYyh dks bl izfr"Bku }kjk twrksa

,oa twrk&?kVdksa ds fofuekZ.k lapkfyr izf'k{k.k dk;ZØe ds varxZr

frgkj tsy] ubZ fnYyh ds dSfn;ksa }kjk tsy ifjlj esa fd, tk jgs

dk;Z ds fy, vnk dh xbZ o`fÙkdk ds dkj.k vf/fu;e ds izorZu ls

NwV iznku djrh gS A ;g NwV] bl vf/lwpuk ds tkjh gksus dh

rkjh[k ls ,d o"kZ dh vof/ ds fy, jgsxh A

2- mDr NwV fuEufyf[kr 'krks± ds v/hu gS_ vFkkZr~ %—

(1) iwoksZDr LFkkiuk ftlesa deZpkjh fu;ksftr gSa] ,d jftLVj

j[ksxh] ftlesa NwV izkIr deZpkfj;ksa ds uke vkSj inuke

fn[kk;s tk;saxs_

(2) bl NwV ds gksrs gq, Hkh] deZpkjh mDr vf/fu;e ds

vèkhu ,slh izlqfo/k,a izkIr djrs jgsaxs ftudks ikus ds

fy, os bl vf/lwpuk n~okjk nh xbZ NwV ds izo`Rr gksus

dh rkjh[k ls iwoZ lanRr va'knkuksa ds vk/kj ij gdnkj

gks tkrs gSa_

(3) NwV izkIr vof/ ds fy,] ;fn dksbZ vfHknk; igys gh

fd, tk pqds gksa] rks os okil ugha fd, tk,axs_

(4) mDr dkj[kkus@LFkkiuk dk fu;kstd ml vof/ dh ckcr

ftlds nkSjku ml dkj[kkus@LFkkiuk ij mDr vf/fu;e

(ftls blesa blds i'pkr~ mDr vof/ dgk x;k gS)

izorZeku Fkk ,slh foojf.k;ka] ,sls izk:i esa vkSj ,slh

fof'kf"V;ksa lfgr nsxk] tks deZpkjh jkT; chek (lkèkkj.k)

fofu;e] 1950 ds v/hu mls mDr vof/ dh ckcr nsuh

visf{kr gksrh Fkha_

(5) fuxe n~okjk mDr deZpkjh jkT; chek vf/fu;e dh

/kjk 45 dh mi&/kjk (1) ds v/hu fu;qDr fd;k x;k

dksbZ fujh{kd ;k fuxe dk bl fufeRr izkf/Ñr dksbZ

vU; in/kjh_

(i) /kjk 44 dh mi&/kjk (1) ds v/hu] mDr

vof/ dh ckcr nh xbZ fdlh fooj.k dh

fof'kf"V;ksa dks lR;kfir djus ds iz;kstukFkZ_ vFkok

(ii) ;g vfHkfuf'pr djus ds iz;kstukFkZ fd deZpkjh

jkT; chek (lk/kj.k) fofu;e] 1950 n~okjk

;Fkkvisf{kr jftLVj vkSj vfHkys[k mDr vof/

ds fy, j[ks x;s Fks ;k ugha_ ;k

(iii) ;g vfHkfuf'pr djus ds iz;kstukFkZ fd deZpkjh]

fu;kstd n~okjk fn;s x, mu iQk;nksa dks] ftlds

iQyLo:i bl vf/lwpuk ds v/hu NwV nh tk

jgh gS] udn esa vkSj oLrq :i esa ikus dk gdnkj

cuk gqvk gS ;k ugha_ ;k

(iv) ;g vfHkfuf'pr djus ds iz;kstukFkZ fd ml

vof/ ds nkSjku] tc mDr dkj[kkus ds laca/ esa

vf/fu;e ds mica/ izo`Ùk Fks] ,sls fdUgha micaèkksa

dk vuqikyu fd;k x;k Fkk ;k ugha] fuEufyf[kr

dk;Z djus ds fy, l'kDr gksxk%&

(d) iz/ku ;k vklUu fu;kstd ls vis{kk djuk

fd og mls ,slh tkudkjh ns ftls mijksDr

fujh{kd ;k vU; in/kjh vko';d

le>rk gS_ vFkok

([k) ,sls iz/ku ;k vklUu fu;kstd ds

vfèkHkksxk/hu] fdlh dkj[kkus] LFkkiuk]

dk;kZy; ;k vU; ifjlj esa fdlh Hkh

mfpr le; ij izos'k djuk vkSj mlds

izHkkjh ls vis{kk djuk fd og O;fDr;ksa

ds fu;kstu vkSj etnwjh ds lank; ls lacafèkr

,sls ys[kk] cfg;ka vkSj vU; nLrkost] ,sls

fujh{kd ;k vU; in/kjh ds le{k izLrqr

djsa vkSj mudh ijh{kk djus nsa ;k ,slh

tkudkjh nsa ftls os vko';d le>rs gSa_

;k

(x) iz/ku ;k vklUu fu;kstd dh] mlds

vfHkdrZk ;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

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6705

(?k) ,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 m¼j.k ysuk_

(M-) ;Fkkfu/kZfjr vU; 'kfDr;ksa dk iz;ksx djukA

(6) fofuos'[email protected] ds ekeys esa] iznRr NwV Lor% jí

gks tk,xh vkSj rc u, izfr"Bku dks NwV gsrq leqfpr

ljdkj dh vuqefr ysuh gksxhA

[la- ,l&38014@09@2013&,l,l&I]

lqHkk"k oqQekj] voj lfpo

New Delhi, the 30th September, 2014

S.O. 2691.—In exercise of the power conferred by

Section 88 read with Section 91A of the Employees’ State

Insurance Act, 1948 (34 of 1948) the Central Government

hereby exempts M/s Deiem (India) Private Limited, New

Delhi from the operation of the said Act on account of

stipend paid for work being done by inmates of Tihar Jail,

New Delhi under the training programme run by the

establishment (manufacturing of shoes & shoes

components) in the jail premises. 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;

(3)

The contributions for the exempted period, if

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 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 then the new entity will have to

approach the appropriate Government for

exemption.

[No. S-38014/9/2013-SS-I]

SUBHASH KUMAR, Under Secy.

6706

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

ubZ fnYyh] 26 flrEcj] 2014

dk-vk- 2692-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj cSad vkWiQ

bafM;k ds izcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp

vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k@Je U;k;ky;] tcyiqj ds iapkV (lanHkZ la[;k 271@97)

dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 26&09&2014 dks

izkIr gqvk FkkA

¹la- ,y&12012@421@96&vkbZvkj (ch&II)º

jfo oqQekj] vuqHkkx vf/dkjh

New Delhi, the 26th September, 2014

S.O.

2692.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 271/

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

Jabalpur as shown in the Annexure, in the industrial dispute

between the management of Bank of India and their

workmen, received by the Central Government on

26/09/2014.

[No. L-12012/421/96-IR (B-II)]

RAVI KUMAR, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/271/97

PRESIDING OFFICER : SHRI R.B. PATLE

Shri Madanlal Jatav,

Sahid Colony,

Byawra, Distt. Raigarh (MP)

.....Workman

Versus

Regional Manager,

Bank of India,

Regional Office, Nirma Mansion,

Gurukripa, A.G. Office Road,

Gwalior

.....Management

AWARD

Passed on this 11th day of September, 2014

1.

As per letter dated 5-9-97 by the Government of

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

received. The reference is made to this Tribunal under

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

12012/421/96/IR(B-II). The dispute under reference

relates to:

“Whether the action of the management of Bank

of India, Gwalior in terminating the services of Shri

Madanlal Jatav w.e.f. 16-3-90 without following

the provision of Section 25 of I.D. Act, 1947 is legal

and justified? If not, to what relief the said workman

is entitled?”

2.

After receiving reference, notices were issued to

the parties. Workman submitted statement of claim at

Page 2/1 to 2/4. The case of Ist party workman is that he

was appointed as casual sweeper in Biora branch of Bank

of India on 24-10-85. His name was sponsored through

Employment Exchange. He was continuously working

with IInd party from 24-10-85 to March 1990. Other three

workman were also appointed him such as Shri Satish

Sharma, Nirmal Jain and Kailash Pushpat were

regularized in the service. That workman was illegally

retrenched by Branch Manager. That officers of the Bank

issued certificate about his working and behavior. There

was no misconduct on his part. His services were

terminated without notice. He was not paid retrenchment

compensation. His services were not regularised.

Workman belongs to SC. He was not served notice neither

one month’s pay was paid to him. Termination of his

service is in violation of Section 25-F, G, H of I.D.Act.

Juniors were regularized in service. Any enquiry was

not conducted against him. No punishment was imposed.

On such ground workman prays for his reinstatement

with back wages.

3.

Management of IInd party filed Written Statement

at Page 7/1 to 7/8. IInd party raised preliminary objection

that Government has made reference which doesnot exist.

The order of reference shows that Government has already

decided that there were employee-employer relationship

which is factually incorrect. The reference is made

mechanically without application of mind. The order of

reference is illegal. IInd party has also referred to ratio

held in various cases.

4.

On facts, IInd party submits that appointments in

Bank are covered by statutory rules, regulations. Such

procedure was not followed while appointment of the

workman. The engagement of workman is illegal.

Regional Manager can make employment to subordinate

staff. Workman was not appointed by Regional Manager.

Any appointment made dehors the rules of appointment

is illegal. Workman is not entitled to any relief. It is

further submitted that when person is appointed on daily

wages on contract basis, the contract ends at end of day.

It does not amount to retrenchment in view of Section

2(oo) of I.D. Act in violation to Section 25-F, G, H, N is

denied. It is submitted that reservation policy of

Government of India cannot be ignored. The provisions

about reservation are mandatory.

5.

Workman was engaged in Biora branch as casual/

temporary labour in leave vacancy on need basis. He was

not continuously working from 24-10-85 to March 90.

He has not completed 240 days continuous service.

Workman was not employee of the Bank. There was no

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6707

question of conducting enquiry against him. The

recruitment policy was not followed for engaging workman.

He is not entitled for regularization. On such ground, IInd

party prays for rejection of claim.

6.

Workman has filed rejoinder reiterating his

contentions in statement of claim.

7.

Considering pleadings between parties, 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 manage-

In Negative

ment of Bank of India, Gwalior in

terminating the services of Shri

Madanlal Jatav w.e.f. 16-3-90

without following the provision

of Section 25 of I.D.Act, 1947 is

legal and justified?

(ii) If not, what relief the workman is

As per final

entitled to?”

order.

REASONS

8.

Workman is challenging termination of his service

for violation of Section 25-F, G, H, N of I.D.Act.

Management denies that workman was engaged casually

on temporary basis as per exigencies.

9.

Workman filed affidavit of his evidence stating that

he was working in Biora branch from 24-10-85 to 16-3-90.

He was illegally terminated without notice. Retrenchment

compensation was not paid. He has also stated that in

September 1989, he was transferred to Kacheri branch.

That other employees Durga Prasad, Harish Chandra

Jatav, Rajendra Kumar Kashriya, Durga Prasad S/o

Laluji, Kailash, Ramgopal, Rodsingh, Chhotelal Lekhraj

appointed with him were regularized . His services were

terminated. In his cross-examination, workman says

appointment letter was not given to him. He was

appointed as Badli peon. He was working in the Bank

from 1985 to 1990. He was unable to tell his working

days. He was orally transferred to other branch. The

employees appointed with him as shown in Para-9 of his

affidavit were working as badly peon. He denied

suggestion that he has not completed 240 days service.

10.

Affidavit of management’s witness Shri Debendra

Kumar Biswal is filed on record but was not produced

for cross-examination. Management’s witness Anil

Kumar in his affidavit supported contentions of IInd party

that workman was engaged as casual temporary labour

in leave vacancy on need basis. He was not appointed by

the Bank. There was no question of his retrenchment.

Attendance particulars were maintained by Bank for

purpose of payments shown in Exhibit M-1. In his cross-

examination, management’s witness says workman was

not working during the period January 2005 to 7-6-2006

in Biora branch. He further says that workman was not

terminated. He was not retrenched. There was no question

of retrenchment compensation. He denies that workman

completed 240 days continuous service during 1990.

Workman was paid daily wages. There was no point of

calling workman for work. Workman had not committed

any misconduct. Other persons working with workman

were deserving candidates. He claims ignorance about

workman belongs to ST category. He also denies that

workman completed 240 days. Shri Durga Prasad, Harish

Chandra Jatav, Rajendra Kumar Kashriya, Durga Prasad

S/o Laluji, Kailash, Ramgopal, Rodsingh, Chhotelal

Lekhraj appointed with him were not regularized.

Compliance of Section 25-F of I.D.Ac was not required.

11.

Management’s witness Purushottam Kulmi in his

affidavit in para-14 has stated that in 1997, head office

decided to regularize casual labours as sweepers and

accordingly were given instruction to concerned regions

for appointment of 30 eligible candidates including Mr.

Jatav we.f. 15-4-97. It was decided to appoint Jatav as

part time sweeper on consolidated scale wages at Kachri

branch subject to and only after withdrawal of his case

in CGIT but Shri Jatav did not agreed for the same.

Affidavit is also devoted that workman was not appointed

by the Bank. He not completed 240 days continuous

service. In his cross-examination, management witness

says he had not engaged workman in Bank at Voda branch

during May 2009 till June 2010. Workman was engaged

on casual basis by Branch Manager within his powers.

Workman was engaged as per exigencies. Workman was

supplying drinking water, taking file ledgers etc. his leave

register was not maintained. His wages were deposited

in his account. Some of the casual labours were

regularized as part time employees. Those employees had

completed 240 days working during period of one year.

Workman was not served notice. He was not paid

retrenchment compensation. Settlement was entered to

regularize services to casual badlis. Letter dated 7-1-91

by Union was not replied by management.

12.

The documents produced by workman Exhibit W-1

is copy of award passed by this Tribunal in R/128/91.

Exhibit W-2 is copy of application submitted before ALC

by workman. Exhibit W-3 is also application submitted

to ALC. Workman has alleged that other persons engaged

with him were regularized and he was discriminated.

Exhibit W-4 is letter given by ALC, Bhopal calling reply

of IInd party. Exhibit W-5 is letter of appointment given

to workman on 24-10-85, Exhibit W-6 is letter of

appointment issued to Durga Prasad as badli employee.

13.

Particularly the management’s witness Shri

Purushottam Kulmi in para-14 of his affidavit clearly

says that in 1997, instructions were given to 30 casual

labors including workman. However it was subject to

withdrawal of his case before this Tribunal. It was not

6708

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

accepted by workman. Section 28 of Contract Act

provides-

“Every agreement, by which any party thereto is

restricted absolutely from enforcing his rights under

or in respect of any contract, by the usual legal

proceedings in the ordinary tribunals, or which

limits the time within which he may thus enforce

his rights, is void to that extent.”

In present case, evidence shows that other

employees engaged with workman were regularized. The

workman was also offered regularization subject to

withdrawal of his case before this Tribunal. As per Section

28 of Contract Act, such condition is void but the offer

remains valid. Workman was discriminated as he did not

agree for withdrawal of his case. From above, it is clear

that termination of services of workman is illegal. Workman

is entitled to be regularized as part time sweeper on

consolidated scale w.e.f. 15-4-97. However his services

were terminated without notice, retrenchment

compensation was not paid. Therefore I record my

finding in Point No.1 in Negative.

14.

On the above point, reliance is placed by Shri

A.K.Shashi, counsel for management in Case of

Bangalore Metropolitan Transport Corporation versus

T.V.Anandappa reported in 2009(17) Supreme Court

Cases-47. Their Lordship dealing with casual labour,

daily wager, temporary employee, badly worker-

protection under I.D.Act is not available.

Ratio in above cited case cannot be applied I present

case as in 1997 workman was also offered appointment

as part time employee on consolidated salary as stated in

Para-14 of the management’s witness and as other

workers were already regularized. For the same reasons,

ratio held in Case of Jagbir Singh versus Haryana State

Agriculture Marketing Board and another reported in

2009(15) SCC-327 cannot be beneficially applied to

present case.

15.

Point No.2- the termination of services of workman

is illegal as per finding on Point No.1 w.r.t. question

whether workman is entitled to regularization. Para-14

of management’s witness Shri Purushottam Kulmi

supports claim for regularization of workman as part time

sweeper on consolidated scale. Accordingly I record my

finding in Point No.2.

16.

In the result, award is passed as under:-

(1)

The action of the management of Bank of India,

Gwalior in terminating the services of Shri

Madanlal Jatav w.e.f. 16-3-90 is not legal and

proper.

(2)

IInd party is directed to reinstate workman as part

time sweeper on consolidated scale of wages with

continuity of service but without back wages.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 26 flrEcj] 2014

dk-vk- 2693-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj cSad vkWiQ

bafM;k ds izcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp

vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k@Je U;k;ky; tcyiqj ds iapkV (lanHkZ la[;k 128@97)

dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 26&09&2014 dks

izkIr gqvk FkkA

¹la- ,y&12012@105@96&vkbZvkj (ch&II)º

jfo oqQekj] vuqHkkx vf/dkjh

New Delhi, the 26th September, 2014

S.O.

2693.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 128/

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

Jabalpur as shown in the Annexure, in the industrial dispute

between the management of Bank of India and their

workmen, received by the Central Government on

26/09/2014.

[No. L-12012/105/96-IR (B-II)]

RAVI KUMAR, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL CUM LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/128/97

PRESIDING OFFICER : SHRI R.B.PATLE

Shri Rajendra Kumar,

Marimata, Mahalgaon,

Lashkar, Gwalior, MP

.....Workman

Versus

Chairman & Managing Director,

Bank of India,

Head Office, Express Towers,

Ariman Point,

Bombay

.....Management

AWARD

Passed on this 26th day of August 2014

1.

As per letter dated 15-5-97 by the Government of

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

received. The reference is made to this Tribunal under

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

12012/105/96/IR(B-II). The dispute under reference

relates to:

“Whether the action of the management of Bank of

India in terminating the services of Shri Rajendra

Kumar w.e.f. 18-10-92 is legal and justified? If not,

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6709

to what relief the said workman is entitled and from

what date?”

2.

After receiving reference, notices were issued to

the parties. Ist party workman submitted statement of

claim at Page 5 to 7 challenging termination of his service

for violation of section 25-F of I.D.Act.

3.

IInd party filed written statement at Page 17 to 25

denying claim of the workman on various grounds.

Violation of Section 25-G, H of I.D.Act is denied.

4.

Affidavit of evidence of workman was filed.

Management also filed affidvit of evidence of Shri Vijay

Sharma. He was not produced for cross-examination.

5.

Workman submtited application for taking case on

board and application for withdrawal of the case.

Management gave no objection. Workman is identified

by Narayan Behera, Manager, HR&IR, bank of India,

Zonal office, Bhopal. Zerox copies of IDs are also

produced on record. Workman was explained contents

of his application. He has clearly stated before me that

he is withdrawing his case. Therefore his application is

accepted.

6.

In the result, No Dispute Award” is passed.

7.

Let the copies of the award be sent to the

Government of India, Ministry of Labour & Employment

as per rules.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 26 flrEcj] 2014

dk-vk- 2694-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ;wfu;u cSad

vkWiQ bafM;k ds izcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds

chp vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k@Je U;k;ky; psUubZ ds iapkV (lanHkZ la[;k 93@2012)

dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 26&09&2014 dks

izkIr gqvk FkkA

¹la- ,y&12011@8@2012&vkbZvkj (ch&II)º

jfo oqQekj] vuqHkkx vf/dkjh

New Delhi, the 26th September, 2014

S.O.

2694.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 93/2012)

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

Chennai as shown in the Annexure, in the industrial

dispute between the management of Union Bank of India

and their workmen, received by the Central Government

on 26/09/2014.

[No. L-12011/8/2012-IR (B-II)]

RAVI KUMAR, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL- CUM - LABOUR

COURT CHENNAI

Wednesday, the 20th August, 2014

Present : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 93/2012

(In the matter of the dispute for adjudication under clause

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

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

the Management of Union Bank of India and their

workman)

BETWEEN

The General Secretary

: 1st Party/

Union Bank Employees

Petitioner Union

Union – Tamilnadu

Singapore Plaza, IIIrd Floor

164, Linghi Chetty Street

Chennai-600001

AND

The Deputy General Manager

: 2nd Party/

Union Bank of India,

Respondent

Regional Office

139, Broadway

Chennai-600108.

Appearance :

For the 1st Party/

: M/s K.M. Ramesh, Advocates

Petitioner Union

For the 2nd Party/

: Ms. T.S. Gopalan & Co.,

Respondent

Advocates

AWARD

The Central Government, Ministry of Labour &

Employment vide its Order No. L-12011/8/2012-IR(B.II)

dated 22.11.2012 referred the following Industrial

Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is :

“Whether the action of the management of Union

Bank of India, Regional Office, Salem in imposing

the punishment of Compulsory Retirement upon

Sri P. Manickam w.e.f. 05.01.2011 is legal and

justified? What relief to which the concerned

workman is entitled to?”

2.

On receipt of the Industrial Dispute this Tribunal

has numbered it as ID 93/2012 and issued notices to both

sides. Both sides entered appearance through their

counsel and filed claim and counter statement

respectively. The petitioner has also filed a rejoinder after

the counter statement was filed.

6710

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

3.

The averments in the Claim Statement filed by the

petitioner in brief are these:

The petitioner is a Regd. Trade Union represented

by its General Secretary. P. Manickam who is a member

of the Petitioner Union was appointed in the Respondent

Bank as Part-Time Sweeper in the year 1981. He was

promoted as Sub-Staff / Daftary and was posted in

Vazhapadi Branch in 1989. He was discharging his duties

faithfully and efficiently. On 22.09.2001 a Show Cause

Notice was issued to him alleging that on 19.08.1999 he

had made a cash scroll entry for Rs. 30,000/- and issued

token to a woman who impersonated another and had

failed to identify the depositor while issuing token and

this had resulted in premature closure of DRIC. It was

also alleged that he had failed to ensure safe keeping of

records. The Respondent had lodged a complaint with

the District Crime Branch, Salem regarding the incident.

After investigation a charge sheet was laid before the

Judicial First Class Magistrate, Salem and the case was

taken on file. The Respondent did not proceed with the

departmental action in view of the pendency of the

criminal case, on the basis of Clause-4 of Bipartite

Settlement. The Respondent issued a supplementary

charge sheet dated 17.12.2008 on Manickam stating that

the explanation given by him earlier is not convincing

and also giving further acts of omissions and

commissions on the part of Manickam. It was alleged

that on 25.03.1998 he had availed a loan of Rs. 15,000/-

in the name of Sivabakhiam, while earlier loan of Rs.

12,000/- sanctioned against the security given by

Sivabakhiam remained unadjusted. Another allegation

was that Manickam had borrowed Rs. 10,000/- from

Chellappan. It was also alleged that he had collected

money from customers during Diwali in the year 2000

telling that it is to be shared among all the staff. He is

said to have borrowed money from customers and invested

in Chit Funds. No explanation was given for the

inordinate delay in issuing the supplementary charge

sheet. Manickam had filed a Writ Petition before the High

Court of Madras and the same has been allowed. After

this, the Respondent has decided to continue enquiry in

respect of supplementary charge sheet disassociating the

earlier charge sheet. On conduct of enquiry, the Enquiry

Officer submitted a report with the finding that two of

the charges are proved. Manickam had not committed

the misconducts alleged. The punishment of Compulsory

Retirement was imposed on Manickam without any

justification. An order may be passed holding that there

is no justification in the punishment and also directing

the Respondent to reinstate Manickam in service with

continuity of service, back wages and all other attendant

and consequential benefits.

4.

The Respondent has filed Counter Statement

contending as follows:

On the basis of investigation conducted, a Show

Cause Notice has been issued to Manickam, the Sub-Staff

of Vazhapadi Branch of the Respondent for making cash

scroll entry no. 20 for a LAD 1498 for Rs. 30,000/- on

19.08.1999 and issuing token to a woman who

impersonated as Lakshmi. Manickam’s failure to identify

the depositor while issuing token has resulted in

premature closure of the DRIC for Rs. 30,000/-. A Police

Complaint was filed against Manickam regarding the

incident. In view of the pendency of the criminal case

further proceedings could not be pursued against the

workman. In the course of audit of Vazhapadi Branch on

06.09.1999 it was noticed that a loan with an outstanding

of Rs. 36,235/- in the name of Sivabakhiam did not have

the deposit certificate. The Son of Sivabakhiam who

visited the bank denied having taken a second loan. On

investigation, the involvement of Manickam in the

incident was revealed. Apart from this in 2008 Manickam

had collected deepawali inam from the customers stating

that it was to be shared among the staff. The staff members

have denied having received the share. Manickam had

taken loan of Rs. 5,000/- from an account holder. As per

the service conditions of the Bank, no employee can

borrow money from the constituents of the bank. A Charge

Sheet was issued on 17.12.2008 listing out the acts of

misconducts committed by Manickam. As he did not

submit satisfactory explanation, an enquiry was

conducted. In the enquiry the charge relating to the loan

in the name of Sivabackiam was found not established.

However, the remaining charges were found proved. The

punishment of Compulsory Retirement from service with

superannuation benefits was imposed on Manickam. The

punishment is fully justified and is valid in law. The

concerned workman is not entitled to any relief.

5.

The petitioner has filed a rejoinder in answer to

the Counter Statement, denying the allegations in the

Counter Statement and reiterating his case in the Claim

Statement.

6.

The evidence in the case consists of oral evidence

of WW1 and MW1 and Ext.W1 to Ext.W11 and Ext.M1

to Ext.M29.

7.

The points for consideration are :

(i)

Whether the action of the management in imposing

the punishment of Compulsory Retirement upon

the concerned workman is legal and justified.

(ii)

What is the relief, if any to which the workman is

entitled?

The Points

8.

Enquiry was conducted against the petitioner on

the basis of Supplementary Charge Sheet dated

17.12.2008 which is marked as Ext.M3. The

Supplementary Charge Sheet refers to the explanation

submitted by the concerned workman on a previous date

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6711

i.e. 11.10.2001 and states that the explanation of 11.10.2001

is neither convincing nor satisfactory. It is stated in the

Charge Sheet that the concerned workman Manickam is

informed that further acts of omissions and commissions

have been reported against him. The Charge Sheet which

resulted in the issue of a Supplementary Charge Sheet

itself is not produced. However, Ext.M1 the show cause

memo issued to Manickam and the Claim Statement gives

an indication of the previous charge against Manickam.

As seen from the Show Cause Memo a DRC for Rs. 50,000/-

dated 03.06.1996 stood in the name of one Lakshmi with

maturity value of more than Rs. 1,00,000/- Lakshmi had

availed a loan of Rs. 35,000/- against the said deposit. On

19.08.1999 a second loan of Rs. 30,000/- was raised against

the same deposit and the second loan was adjusted on

17.02.2000 prematurely and balance amount was paid in

cash. Since the Deposit Receipts were adjusted towards

the second loan the first loan with interest remained

outstanding to that extent. It is alleged that Manickam

had made the cash scroll entry for Rs. 30,000/- on the day

on which the second loan was taken, that he had issued

token to the woman who impersonated as Lakshmi and his

failure to identify the depositor while issuing token has

resulted in premature closure of the deposit and payment

of cash pending adjustment of the loan in the name of

Lakshmi. The explanation given by Manickam to Ext.M1

memo on 22.09.2001 is the one which was referred to as

unconvincing and unsatisfactory in the Supplementary

Charge Sheet dated 17.12.2008.

9.

After making reference to the previous memo the

Supplementary Charge Sheet refers to the further acts of

omissions and commissions on the part of Manickam. The

first allegation is that on 25.03.1998 a loan of

Rs. 15,000/- was fraudulently availed against the deposit

in the name of Sivabakhiam while the earlier loan of

Rs. 12,000/- sanctioned against the same security remained

unadjusted. It is stated that apart from the loan in the

name of Lakshmi, the loan availed in the name of

Sivabakhiam also is the handiwork of Manickam. The next

allegation is that Manickam had borrowed Rs. 5,000/- from

one Chellappan on 01.03.1998 and Chellappan had lodged

a complaint to the Branch Manager on 18.04.2001. There

is a further allegation that Manickam had collected money

during Diwali in the year 2000 from customers telling them

that the collection should be shared among all the staff

members except the Branch Manager. He is alleged to

have borrowed money from customers and invested it in

Chit Funds and Recurring Deposits.

10.

So far as the incident relating to the account in the

name of Lakshmi is concerned the Respondent was not

able to proceed with the departmental enquiry against

Manickam since a criminal case was pending regarding

the same incident. The case seems to be still pending.

11.

On receiving Ext.M3, Supplementary Charge Sheet

the concerned workman had approached the High Court

seeking to forbear the Respondent from proceeding with

the domestic enquiry. The Writ Petition was disposed with

a direction that the departmental proceedings on the basis

of the First Charge Sheet has to be deferred till the

conclusion of criminal trial in CC 33/2001 on the file of

Judicial Magistrate No. 6, Salem. The Respondent has

proceeded with the enquiry on the Supplementary Charge

Sheet without any reference to the charge in respect of

the misconduct relating to the account of Lakshmi. The

Enquiry Officer has submitted report finding that

the allegation that Manickam had availed loan of

Rs. 15,000/- against the account in the name of Sivabackiam

while the earlier loan subsisted is not proved. The Enquiry

Officer has found that the charge that the concerned

workman borrowed Rs. 5,000/- from one Chellappan and

the charge that he had collected money from customers

in the year 2000 are proved. The misconducts proved

were brought under the category of gross-misconduct

doing acts prejudicial to the interests of the bank and

minor misconduct of collecting money from Bank’s

customers within the premises of the bank. It is on the

basis of this enquiry report the punishment of Compulsory

Retirement from service was imposed on the petitioner.

12.

So far as the first charge i.e. the charge of availing

loan in the name of Sivabackiam is concerned, the

Enquiry Officer has found that the charge is not proved.

His finding has become final. There is no necessity to

discuss this charge before this Tribunal.

13.

The Second Charge against the petitioner is that

he had borrowed Rs. 5,000/- from Chellappan. The

Enquiry Officer has found that this charge against the

concerned workman is proved. The surprising aspect is

that the incident resulting in the charge has occurred on

01.03.1998 much before the Show Cause Notice in respect

of the incident relating to the availing of loan against the

deposit of Lakshmi by impersonation. Yet there is no

reference to this incident in the Charge Memo. Again, one

does not know how the mere borrower of Rs. 5,000/- from a

private individual becomes misconduct.

14.

The Enquiry Officer has entered a finding that the

charge is proved on the basis of the evidence of MW2 in

the enquiry proceedings. MWs 1 and 3 the other witnesses

examined by the Management in the enquiry proceeding

had nothing to do with the incident at all. MW1 was the

Manager of the concerned branch at the time of enquiry.

Though MW3 was the Manager at the time of the incident

he has not given any evidence regarding this charge.

MW2 is the one who is said to have conducted

investigation in the misconducts allegedly committed by

the workman. However, the report of the investigation was

not marked.

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THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

15.

What the Enquiry Officer has stated is that the

charge is proved through the evidence of MW2. He has

relied upon the evidence given by MW2 that he had met

Chellappan, the lender and he had confirmed that the

complaint of borrowal of Rs. 5,000/- is true. Chellappan

himself is not examined. MW2 does not seem to have

recorded the statement of Chellappan also. Ex.W1 is the

copy of letter said to have been written by Chellappan to

the then Branch Manager on 18.04.2001 complaining

that the concerned workman had borrowed Rs. 5,000/-

from him and the Branch Manager is to help him to

recover the money from the workman. Ext.W3 is another

letter allegedly written by Chellappan on 31.10.2001

requesting again to help him to recover the money from

the workman. It is in spite of these two letters there is no

reference to the alleged misconduct of borrowal of money

by the workman from Chellappan in Ext.M1, the Show

Cause Notice. Ex.W6 is also said to be a letter written by

Chellappan to the then Branch Manager on 20.10.2010.

In this what is stated is that the amount of Rs. 5,000/-

was actually borrowed by one Jayaraj and the concerned

workman was only a guarantor to the same. There is no

evidence regardng the authenticity of any of these letters.

More than this there is no acceptable evidence to show

that that the concerned workman had borrowed amount

from Chellappan. Without any foundation in evidence

the Enquiry Officer has found that the charge in this

respect is established against the workman. The finding

is only to be set aside.

16.

The next charge against the workman is that he

had collected money from customers of the Bank during

Diwali in the year 2000 making them believe that the

amount is to be shared among all the staff members except

the Branch Manager. MWs 1 and 2 in the enquiry

proceedings were not in a position to support this case of

the Management. As already stated MW1 was a stranger

to the alleged incident, he having taken charge of the

concerned branch on a later date. So far as MW2 is

concerned his knowledge regarding the incident is based

on the information given by the staff members. So this

evidence also is not material.

17.

The Enquiry Officer has relied upon the evidence

of MW3 to enter a finding that the concerned workman

had collected amount from customers in the year 2000.

What is the evidence given by MW3 who was the then

Branch Manager in this respect? According to this

witness, the concerned workman had given a letter of

confession on 25.10.2000 confessing his involvement in

collection of Diwali Inam. According to him though the

letter was given, subsequently the workman had

threatened to commit suicide if the letter is used against

him and the letter was destroyed. However a photocopy

of the alleged letter was produced in the enquiry

proceedings and is marked here as Ext.W7. Ext.W8 is

a copy of a complaint said to have been containing the

signature of staff of Vazhapadi branch against the

concerned workman for his collecting amount in the name

of other staff also was proved through this witness. MW3

has stated that he is also one of the signatories to this

complaint addressed to the AGM of Regional Office. He

has stated that confession letter was prepared in his hand

as requested by the concerned workman. According to

him, when the letter was written the workman as well as

other staff members were present. The Enquiry Officer

has referred to the evidence of MW3 and the evidence

given by MW1 and MW2 that they were informed of the

incident by the staff to enter a finding that the charge is

proved against the workman.

18.

The workman has taken a stand that he has never

written a letter of confession. Exc.W10 is the

representation given by the workman to the department

of Personnel Nodal Regional Office. He has stated in this

that the recitals in the letter were written by MW3 and

the Xerox copy of his signature must have been obtained.

It is admitted by MW3 himself that the alleged letter of

confession is in his own hand. Even though MW3 has

stated that other staffs of the bank were also present at

the time when the letter was written, none of them were

examined. Though MW3 has stated that the workman

had put his signature in the letter he has not stated that

the signature was put by him, after he has understood

the contents of the letter. The concerned workman is not

an illiterate man. If he was very much willing to give a

letter of confession nothing prevented him from writing

the letter himself. Ex.W8 is the complaint said to have

been given by the staff of the branch to the Chief Manager

against the concerned workman. This contains the

signature of MW3, as stated. However, in the absence of

evidence of any of the other staff the veracity of this letter

also could not be ascertained. Even though it is stated

that the staff came to know about the collection of money

by the concerned workman from one of the customers

from whom also he had collected money, no attempt has

been made to examine that person as well. So there is no

direct evidence to show that the concerned workman has

been collecting amount from customers. In the absence

of any such evidence a confession letter allegedly written

by the concerned workman, which is not properly proved

is not sufficient to establish the case that the concerned

workman had collected money from customers.

19.

Apart from the above is the fact that the Bank has

chosen to proceed against the concerned workman on

this charge after a lapse of several years. Even assuming

that the incident alleged had happened, the bank is to be

assumed to have dropped the entire matter in the absence

of its taking any initiative to proceed against the workman

within a reasonable time. Probably, the fact that the earlier

charge against the petitioner could not be proceeded

against in view of the pendency of the criminal case,

persuaded the bank to proceed against the workman

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6713

digging out incidents which were buried long ago. I find

that the Respondent has not proved this third charge

against the workman also. The punishment imposed on

the workman is only to be set aside. Accordingly an award

is passed as follows:

(i)

The Respondent is directed to reinstate the

concerned workman, Manickam in service within

one month.

(ii)

The Respondent shall pay 50% of the back wages

to the workman from the date of dismissal to the

date of the reinstatement, within one month. If the

amount is not paid in the prescribed time, it will

carry interest @ 9% per annum.

(iii)

The workman will be entitled to continuity of

service and all other attendant benefits.

The reference is answered accordingly.

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

corrected and pronounced by me in the open court on

this day the 20th August, 2014)

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/

: WW1, Sri P. Manickam

Petitioner Union

For the 2nd Party/

: MW1, Sri R. Loganathan

Management

Documents Marked :

On the petitioner’s side

Ex.No.

Date

Description

Ex.W1

09.04.2001 Copy of the complaint from Staff

Members of Valapady Branch,

UBI to the Asstt. General

Manager, UBI, Coimbatore

Ex.W2

18.04.2001 Copy of letter from M.

Chellappan to the Branch

Manager of Valapady Branch,

UBI with postal cover

Ex.W3

31.10.2001 Copy of letter from M.

Chellappan to the Deputy

General

Manager,

UBI,

Coimbatore

Ex.W4

01.08.2010 Copy of letter from A.

Vairaperumal to the Chief

Manager, UBI, Chennai

Ex.W5

Undated

Copy of letter from M.

Chellappan to the petitioner

enclosing his letter dated

20.10.2010

Ex.W6

20.10.2010

Copy of letter from M. Chellappan

to the Chief Manager, HRM, UBI

Ex.W7

25.10.2010

Copy of letter from P. Manickam

to the Branch Manager, Valapady

Branch, UBI

Ex.W8

02.11.2010

Copy of representation from M/s

G. Senthilkumar and others to the

Chief Manager, HRM, UBI,

Chennai

Ex.W9

xxxx

Copy of cover containing copy

of letter dated 02.11.2010 sent by

M/s G. Senthilkumar and others

Ex.W10

03.12.2010 Copy of representation from P.

Manickam to the Department of

Personnel, Nodal Office, UBI,

Chennai

Ex.W11

18.11.2011

Copy of representation from P.

Manickam to the General

Manager (P&HR), UBI, Mumbai

On the Management’s side

Ex.No.

Date

Description

Ex.M1

22.09.2001

Show Cause Memo to P.

Manickam

Ex.M2

11.10.2001

Explanation of P. Manickam to the

Show Cause Memo dated

22.09.2001

Ex.M3

17.12.2008

Charge Sheet issued to P.

Manickam

Ex.M4

23.01.2009

Explanation of P. Manickam to the

charge sheet dated 17.12.2008

Ex.M5

04.10.2001

Notice from Judicial Magistrate

No. III, Salem – conditional bail

Ex.M6

10.02.2010

Order of Hon’ble High Court of

Madras in WP No. 16175/2009 and

MP Nos. 1 and 2 of 2009 filed by

P. Manickam against the

Respondent

Ex.M7

25.05.2010

26.05.2010

Proceedings of

05.06.2010

Enquiry

21.07.2010

And

02.08.2010

Ex.M8

30.08.2010

Findings of the Enquiry Officer in

respect of charge sheet dated

17.12.2008 and Show Cause Memo

dated 18.02.2009

Ex.M9

27.10.2010

Order of Disciplinary Authority

proposing

punishment

of

compulsory retirement from

6714

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

service of the Bank and granting

personal hearing dated 13.11.2010

to the CSE on the proposed

punishment

Ex.M10

03.12.2010

Proceedings of personal hearing

before DA

Ex.M11

31.12.2010 Imposing the punishment of

compulsory retirement from the

services of the bank for gross-

misconduct and imposing

punishment of censure for minor

misconduct

Ex.M12

19.08.1999 Union Bank of India – Valapadi

Branch –Cash Scroll Book (Item/

S.No. 20)

Ex.M13

10.05.2010 Communication

from

Respondent to P. Manickam

directing the CSE to submit his

explanation to the supplementary

charge sheet dated 17.12.2008

Ex.M14

10.08.2010 Letter

from

Management

Representative addressed to

Mr. R. Prabhakar, Chief

Manager, enclosing written proof

dated 09.08.2010 with a copy to

CSE P. Manickam

Ex.M15

28.08.2010 Letter

from

Defence

Representative enclosing the

written submission on behalf of

P. Manickam, Charge Sheeted

Employee

Ex.M16

18.11.2010

Letter

from

Disciplinary

Authority to P. Manickam re-

scheduling the personal hearing

on 25.11.2010

Ex.M17

25.11.2010

Letter

from

Disciplinary

Authority to P. Manickam re-

scheduling on his request the

personal hearing to 03.12.2010

Ex.M18

05.02.2011

Appeal from P. Manickam to

General Manager – P & HR,

Appellate Authority

Ex.M19

01.03.2011

Communication from AGM-IR

to P. Manickam granting

personal hearing on 28.03.2011.

Ex.M20

21.04.2011

Letter from I.R. Department,

Central Office of the Bank to

Manickam posting the personal

hearing to 16.05.2011 at his

request

Ex.M21

04.05.2011

Letter from Chief Manager-IR to

P. Manickam postponing the

personal

hearing

from

16.05.2011 to 28.05.2011

Ex.M22

28.05.2011

Proceedings of personal hearing

by the Appellate Authority

Ex.M23

15.07.2011

Sahayak Meta Pradampat –

Communication from AGM-IR to

P. Manickam in Hindi enclosing

the order of Appellate Authority

dated 04.07.2011 confirming the

order of the Disciplinary

Authority

Ex.M24

01.08.2011

Industrial Dispute raised by Union

Bank Employees Union – Tamil

Nadu – regarding – P. Manickam

before ALC (C), Chennai

Ex.M25

08.10.2011

Management reply to ALC(C),

Chennai

Ex.M26

05.09.2001

Complaint from Branch Manager

of Union Bank of India, Valapady

Branch to Superintendent of

Police, Salem

Ex.M27

05.09.2011

Copy of FIR

Ex.M28

14.11.2011

Rejoinder of Union to the Counter

of the Management before ALC

(C) dated 14.11.2011 – Chennai –

with Annexures – D1, D2 and D5

(D5=DEX-4)

Ex.M29

28.11.2011

Notice from District Crime Branch,

Salem requiring to enquire six

employees of the branch

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New Delhi, the 26th September, 2014

S.O.

2695.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 160/

2002) of the Cent. Govt. Indus. Tribunal-cum-Labour Court,

Hyderabad as shown in the Annexure, in the industrial

dispute between the management of The Indian Bank and

their workmen, received by the Central Government on

26/09/2014.

[No. L-39025/01/2010-IR (B-II)]

RAVI KUMAR, Section Officer

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6715

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

AT HYDERABAD

Present : Smt. M. VIJAYA LAKSHMI, Presiding Officer

Dated the 6th day of February, 2014

INDUSTRIAL DISPUTE L.C. NO. 160/2002

Between:

Sri N. Venkateshwar Rao,

S/o M. Somaiah,

R/o Ward No.43, Samathapur Colony,

New Nagole, Hyderabad.

Ranga Reddy District

..….Petitioner

AND

The Zonal Manager cum

Disciplinary Authority,

The Indian Bank, Zonal Office,

Liberty Plaza, 4th Floor,

Himayath Nagar, Hyderabad

….Respondent

Appearances:

For the Petitioner

: M/s. G. Ravi Mohan,

R. Devender Reddy,

G. Srinivasa Reddy &

G. Naresh Kumar, Advocates

For the Respondent : Sri Ambadipudi Satyanarayana,

Advocate

AWARD

This is a petition filed by Sri N. Venkateshwara

Rao, the workman invoking Sec.2A(2) of the Industrial

Disputes Act, 1947 seeking for setting aside the

termination order dated 18.6.1998 passed by the

Respondent and consequently directing the Respondent

to reinstate the Petitioner into service with continuity of

service, back wages and all attendant benefits.

2.

The averments made in the petition in brief are

as follows:

Petitioner was appointed as a sub-staff with the

Respondent bank on 27.9.1975. initially he worked in

Narayanaguda branch. He was promoted to the post of

clerk in the year 1985. He has been discharging his duties

to the utmost satisfaction of his superiors since his

appointment. While so he was issued with chargesheet

cum show cause notice dated 22.7.1994 with the following

charges:

“a)

That you have made fictitious entries in the dispatch

register showing the dispatch of some letter/

correspondence to some other branch/office, not

addressed to/copied to in the letter.

Thereby, you have withdrawn the amount in excess

of what actually incurred for postage and

misappropriated the bank funds. The list of such

items is given in Annexure A.

b)

That you have shown in the Dispatch register for

dispatch of some letters, higher amounts than

actually required for the same.

Thereby, you have withdrawn the amount in excess

of what actually incurred for dispatch of letter/

correspondence and misappropriated the bank

funds. The list of such items is given in the

Annexure.B.

c)

That you have shown in the dispatch register

amounts higher than actually required for dispatch

of circular to the branches.

Thereby, you have withdrawn in excess of what

actually required for dispatch of circulars and

misappropriated the bank funds. The list of such

items is given in Annexure C.

d)

That you have shown fictitious entries in the letter

dispatch register showing the dispatch of some

letters/correspondence more than once. Thereby

you have misappropriated bank funds by

withdrawing the amount in excess of what actually

incurred for dispatch of the letters/correspondence.

The list of such items is given in the Annexure.D.

e)

That you have shown dispatch of letters to various

departments in central office, Madras separately

instead of in a single envelop and withdrawn

amount more than actual expenditure.”

Thereby, you have misappropriated the bank funds.

The dates on which such entries are made are given in

the Annexure. E.

Petitioner gave his representation on 1.10.94

requesting for supply of the material and documents on

which the Respondent relief upon. For that Respondent

issued letter dated 7.3.95 permitting the Petitioner to

verify the records in the vigilance department by fixing

the date in advance in consultation with the Zonal office.

Petitioner made another representation dated 16.3.95

requesting him to permit to verify the record with the

help of assistant and also to pay subsistence allowance

along with arrears. But inspite of several demands

Petitioner was not permitted to examine the documents.

Finally without considering the facts and circumstances

and Enquiry Officer was appointed to conduct enquiry

into the charges. He conducted enquiry in gross violation

of principles of natural justice and found the Petitioner

guilty of the charge sin his enquiry report dated 27.6.97.

Petitioner gave his objection to the enquiry report on

1.8.97. Respondent issued show cause notice of removal

from service on 16.5.98 for which Petitioner replied

6716

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

denying the allegations. Finally Petitioner was issued

with the proceedings dated 18.6.98 discharging the

Petitioner from service without disqualifying of future

employment. He was permitted to give personal hearing

for the incident and finally Respondent issued

proceedings dated 29.9.99 confirming the order dated

18.6.98. Said action is wholly illegal, arbitrary and

unjust. The Enquiry Officer failed to consider the facts

that the documents filed by the Respondent are without

any signatures and the officers who initialled the dispatch

register have done so, having satisfied with the procedures

and postages. The Enquiry Officer has violated the

principles of natural justice by not summoning the

documents sought to be summoned as defence evidence

and which are in possession of the bank like, circular

issue register referred to by MW1 and circulars. There

was no opportunity is given for cross examining the

officers who checked and ratified all the dispatch entries.

This is irrational and in violation of principles of natural

justice. Petitioner is the only earning member of his entire

family, due to illegal termination of his services its became

very difficult to eak out their livelihood. Hence, the

petition.

3.

Respondents filed their counter with the

averments in brief as follows:

The grounds and facts stated in the petition do not

disclose any valid and substantiate grounds to invoke the

jurisdiction of the court. Since, no dispute has been

raised before ALC(C), this petition can not be taken up

under Sec.2A(2) of the Industrial Disputes Act, 1947 and

it is liable to be dismissed. Petitioner has been working

as clerk in regional office of the bank at Hyderabad with

effect from 10.10.1985. He was mostly entrusted with

dispatch work from 1990 onwards. During May, 1993,

Sri N. Venkateshwar Rao, the officer of the dispatch

section, noticed some irregularities committed by the

Petitioner in the dispatch department. It was suspected

that Petitioner misappropriated some amounts and the

matter was brought to the notice of Asst. General

Manager. Steps were taken to investigate into the mater

to ascertain actual facts. On 10.5.93 Petitioner was taken

out of the dispatch department and was sent on deputation

to service branch, Hyderabad for smooth conduct of

investigation. After shifting the Petitioner so a new

dispatch register was opened with effect from 12.5.1993.

Sri M V R A Sastry inspector of branches submitted

investigation report dated 26.6.93. Apart from this a

separate investigation was also conducted by Cap.

N.S.R.K. Rao, Security Officer, who submitted his report

dated 24.6.1993 to the Asst. General Manager,

Hyderabad. Basing on the said report the Regional

Manager, recommended for suspension of the Petitioner

by virtue of his letter dated 24.6.93 addressed to Zonal

Manager. The investigation revealed that average

expenditure in dispatch section during April, 1993 was

Rs.600/- per day, whereas it came down to less than

Rs.75/- per day from 12.5.93. In consideration of the

investigation report and recommendations of the Regional

Manager Petitioner was suspended from service with effect

from 3.8.93. A show cause notice dated 22.7.94 was issued

to the Petitioner by the Respondent bank classifying the

irregularities and fraud committed by him into five

categories:

“a.

Making fictitious entries in the dispatch register

(as per annexure A)

b.

Showing covers with abnormally excess postages

(as per annexure B).

c.

Showing huge amounts for dispatch of circulars

etc. to 32 branches (as per annexure C).

d.

Showing letters bearing the same numbers in

dispatch register more than once (as per annexure

D).

e.

Showing dispatch of letters to various departments

in Central Office, Madras separately on each day

instead of using a single cover.”

Petitioner was asked to give explanation as to why

disciplinary action shall not be initiated against him.

There on Petitioner gave a representation dated 11.8.94

seeking for the following documents:-

1.

Copy of enquiry/investigation report

2.

Photo copy of dispatch register from where the

above annexures were drawn.

3.

Copies of the vouchers whereby the alleged excess

amounts were either vouched or doubly vouched.

4.

Office order allocating the dispatch work and

supervision.

The Zonal Manager permitted the Petitioner to verify

the relevant material by fixing a date and time in advance

with the chief manager vigilance department, Zonal

Manager, Hyderabad within five days from the date of

receipt of the letter. Petitioner wrote another letter to ZM

seeking permission for taking the assistance of Sri Prakash

Pande for the purpose of verification of the documents. It

was not accepted by the Respondent bank. On 7.3.95 the

Petitioner was permitted to verify the documents and he

was also granted 7 days time to give his explanation. But,

Petitioner failed to utilise the opportunity to verify the

documents and was postponing the disciplinary

proceedings on one pretext or the other. He addressed

another letter dated 16.3.95 seeking permission for

assistance to inspect the documents. Respondent rejected

the said request in their letter dated 8.5.95 and giving

opportunity to the Petitioner to inspect the documents.

But he failed to avail the same again and addressed more

letters seeking copy of preliminary investigation report.

Finally on 13.7.95 he sought for verifying the documents.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6717

With due permission he verified the documents on 15.7.95.

Even there after he failed to given explanation to show

cause notice. Respondent bank sent a reminder dated

31.7.95. Thereafter Petitioner addressed letter dated 5.9.95

informing the Respondent bank unless he permitted to

verify the records by his defence assistant he shall not be

in a position to accept or deny his allegations. Having

understood the intention of the Petitioner to delay/drag

proceedings Respondent finally issued chargesheet dated

18.10.95

appointing

Sri K. Bharavi, Senior Manager as Enquiry Officer to

conduct detailed departmental enquiry. Petitioner was

asked to appear before Enquiry Officer on 27.5.96 at EDP

Cell, Zonal office, Hyderabad. He failed to appear so.

He did not send any communication for his/DR absence.

Proceedings were adjourned to 10.6.96. But Petitioner

has not attended the enquiry. On 18.6.96 preliminary

enquiry was held by the Enquiry Officer. Petitioner

accepted the receipt of chargesheet but pleaded not guilty.

He appointed Sri B. Vijaya Gopal Rao as his Defence

Assistant. The Enquiry Officer permitted the defence

assistant to verify the original dispatch register at his

request and he verified the said document days together.

Meanwhile the Enquiry Officer was transferred as

Regional Manager and a new Enquiry Officer Sri B.

Narasing Rao was appointed in his place on 23.8.1996

and Petitioner was informed of the same. After defence

assistant completed the verification of the documents the

Management witnesses were examined and their

documents were marked. The Petitioner got said

witnesses cross examined. Thereafter the defence was

asked to produce their evidence but inspite of giving

sufficient time they failed to do so. Enquiry Officer

received written briefs from either party and thereafter

adjudicated the matter, scrutinized the documents and

the evidence very keenly and gave his report. A copy of

the report was sent to the Petitioner and Petitioner filed

his submissions on it. A show cause notice was issued to

Petitioner proposing to impose the punishment of

“discharge from bank service without disqualification of

future employment”. On 6.6.1998 a personal hearing

was also given to the Petitioner by the then Zonal Manager

cum Disciplinary Authority and found that the

submissions made by the Petitioner as not different from

the pleadings made by the Defence Assistant before the

Enquiry Officer. Basing on the relevant factors,

Disciplinary Authority confirmed the punishment and

communicated the Petitioner on 18.6.1998. Petitioner

filed an appeal before the Appellate Authority to

reconsider the punishment imposed. Considering all the

facts, material, the Appellate Authority confirmed the

punishment already imposed, by virtue of the order dated

29.9.98. Petitioner filed this petition with malafide

intention and ulterior motives and without valid and

substantial motives. The contention of the Petitioner that

the Enquiry Officer failed to consider the fact that the

documents produced by the Management are not bearing

signatures and that there is violation of principles of

natural justice are not correct. His further contention

that he was not given opportunity to produce defence is

also not correct. He failed to avail the opportunity given

to him to do so. Petition is liable to be dismissed.

4.

While things stood so, Learned Counsel for the

Petitioner represented before the court that Petitioner

concedes that the domestic enquiry conducted in this case

is valid. This representation was made on 18.10.2003.

There on in this case the arguments advanced under

Sec.11A of the Industrial Disputes Act, 1947 were heard.

5.

The points that arise for determination are :

1.

Whether the impugned order of removal of the

Petitioner from service is liable to be set aside and

on what grounds?

2.

To what relief the Petitioner is entitled?

6.

Point No.1:

As can be gathered from the petition filed by the

Petitioner, his grievance has been against the conduction

of enquiry by the Enquiry Officer. He is attacking the

domestic enquiry conducted in this case on five grounds

mentioned in clauses (a) to (e)of para 6 of his petition.

7.

In the first ground, mentioned as “a’’ he claimed

that the Enquiry Officer failed to see that the documents

filed by the Respondent Management were not bearing

any signatures, which is denied by the Respondent. He

failed to state as to which are the documents, which are

not bearing signatures, specifically. Whereas all the

relevant documents of the Management are bearing the

signatures of the concerned.

8.

In the ground ‘b’ it is stated that the officers who

initialled the dispatch register were not examined. But

the material on record shows that some of the officers

who worked in dispatch section were examined as

witnesses and all the relevant documents produced before

the enquiry were properly proved. If some other officers

are not examined and the said event is prejudicing the

interest of the Petitioner, he ought to have taken steps to

get them examined as defence witnesses by getting them

summoned. Evidently he has not taken any such steps.

9.

Petitioner is claiming that there is violation of

principles of natural justice in grounds “c”, “d” and “e”,

stating that some relevant documents were not summoned

by the Enquiry Officer. A perusal of the enquiry

proceeding and enquiry report show that when the

documents like circular issue register were sought to be

summoned, the Enquiry Officer made efforts to secure

them, but found that no such register was in existence.

In the given circumstances it can not be said that there is

violation of principles of natural justice during the

domestic enquiry conducted in this case.

6718

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

10.

Further more, an important fact to be noted is,

Petitioner who is attacking the enquiry proceedings in

above manner, in his petition has actually conceded to

the validity of domestic enquiry conducted in this case

during the present case proceedings, which shows that

there is no substance bonafides in the various grounds

on which he sought to attack the validity of domestic

enquiry.

11.

Thus, the Petitioner is not disputing with the

soundness of the findings arrived at by the Enquiry

Officer. Even otherwise a perusal of the material on

record clearly shows that basing on the evidence which

is substantiating the charges and on due application of

mind to the same, sound and well reasoned findings

were arrived at by the Enquiry Officer. Further more,

sufficient opportunity has been given to the Petitioner to

make his submissions regarding the domestic enquiry

and the findings of the Enquiry Officer, before the

Disciplinary Authority and he availed of the same. A

personal hearing was also afforded to him. Thereafter,

considering all the circumstances of the case, the

Disciplinary Authority proceeded with awarding the

punishment to the Petitioner by virtue of impugned

proceeding, dated 18.6.98. The Petitioner preferred an

appeal against said order to the Appellate Authority. On

due consideration of the material on record he confirmed

the order dated 18.6.98 in his order dated 29.9.98.

Considering the nature of the charges levelled against

the Petitioner, which were proved and which involved

moral turpitude, as it is misappropriation of amount and

cheating, one can not say that the punishment awarded

to the Petitioner is disproportionate to the charges in any

manner. As the Respondent bank lost faith in the

Petitioner due to his grave misconduct they removed him

from service. But, considering his case with some

compassion, his opportunity for future employment has

not been denied to him. Thus, it is a very appropriate

punishment and it also does not require any interference.

12.

In view of the fore gone discussion, the impugned

removal order removing the Petitioner from service is

not liable to interfere with.

This point is answered accordingly.

13.

Point No.II:

In view of the finding given in Point No.I Petitioner

is not entitled for any sort of relief.

This point is answered accordingly.

Result :

In the result petition is dismissed.

Award passed accordingly. Transmit.

M. VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence

Witnesses examined

Witnesses examined

for the Petitioner

for the Respondent

NIL

NIL

Documents marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

ubZ fnYyh] 26 flrEcj] 2014

dk-vk- 2696-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj lSaVªy cSad

vkWiQ bafM;k ds izcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds

chp vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k@Je U;k;ky;] tcyiqj ds iapkV (lanHkZ la[;k 96@09)

dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 26&09&2014 dks

izkIr gqvk FkkA

¹la- ,y&12011@68@2009&vkbZvkj (ch&II)º

jfo oqQekj] vuqHkkx vf/dkjh

New Delhi, the 26th September, 2014

S.O.

2696.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 96/09)

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

Jabalpur as shown in the Annexure, in the industrial dispute

between the management of Central Bank of India and

their workmen, received by the Central Government on

26/09/2014.

[No. L-12011/68/2009-IR (B-II)]

RAVI KUMAR, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/96/09

PRESIDING OFFICER : SHRI R.B.PATLE

General Secretary,

Dainik Vetan Bhogi Bank karmchari Sangathan,

F-1, Tripti Vihar, Opp. Engineering College,

Ujjain.

.....Workman/Union

Versus

Branch Manager,

Central Bank of India,

Khandwa Branch,

Khandwa (MP)

.....Management

AWARD

Passed on this19th day of August 2014

1.

As per letter dated 4-11-09 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-

12011/68/2009-IR(B-II). The dispute under reference

relates to:

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6719

“Whether Shri Deepak Khatwase is entitled for

payment of difference of wages as per the Bipartite

Settlements for the periods he worked with the

Bank?”

2.

After receiving reference, notices were issued to

the parties. Workman submitted statement of claim. Case

of workman is that he was engaged by IInd party as peon

from 3-7-93. He was working 8 hours per day. He

completed more than 240 days continuous service. That

he was paid wages as per pay scale in bogus names like

Dilip, Dinesh, Baliram, Kamalkumar, Ladlesh, Raju,

Vinay Kumar, Mahesh Kumar, Ashok Kumar, Narayan,

Ramesh, Vikas, Devendra, Deewakar, Dipanshu,

Deenath, Devkumar, Vikas etc. workman claimed

regularization and payment of bonus. Management of

IInd party got annoyed and terminated his services in

violation of Section 25-F of I.D. Act. He was not paid

retrenchment compensation. Workman challenged

termination of his service vide reference no. 133/02. The

reference is pending. Workman submits that the

settlement No. 4, 5, 6, 7, 8 were implemented raising the

pay scale of subordinate staff from Rs. 430 to 790, 815 to

1510, 1600 to 3020, 2750 to 5850 & 4060 to 7560 from

the dates shown in Para-4 of statement of claim. Workman

submits that the employees were classified as per chapter

16, Para 5 to 8. Workman is temporary peon. He is entitled

to pay scales as per settlements. The workman is praying

for payment of difference of wages with interest.

3.

IInd party is proceeded exparte vide order dated

29-8-13. IInd party has failed to case appearance or file

Written Statement in the matter.

4.

Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:-

(i)

Whether Shri Deepak Khatwase

In Negative

is entitled for payment of difference

of wages as per the Bipartite Settle-

ments for the periods he worked

with the Bank?

(ii) If so, to what relief the workman

Relief claimed

is entitled to?

by workman is

rejected.

REASONS

5.

Workman is claiming difference of pay as per Bipartite

Settlement dated 14-9-84, 10-4-89, 14-2-95, 23-3-00 & 2-6-05.

Workman filed affidavit of his evidence supporting his

claim. Workman has stated that he had continuously

worked more than 240 days. He was discontinued from

service on 31-8-01. He was engaged as peon from 3-7-93.

That he is entitled to pay scales as per settlement No. 6, 7.

Workman has stated that he was paid pay scale in bonus

names. Claim that he was paid wages in names of different

bogus persons itself is fraudulent. Document P-35

produced by workman that he was appointed as casual

labour as per application dated 1-12-1997. Said order is

issued in name of Shri Prakash Kohli and not in name of

workman himself. Document No. P-37 is with respect to

payment of Rs. 30,978.96 to one Pradeep Devda by Bank

of Maharashtra. No document is produced by workman

about payments made by Central Bank of India. When

workman has produced document about his appointment

as peon, his claim for difference of wages as per settlement

6, 7 cannot be accepted. For above reasons, I record my

finding in Point No.1 in Negative.

6.

In the result, award is passed as under:-

(1)

Workman is not entitled for difference of wages as

per Bipartite Settlements.

(2)

Claim of workman is rejected.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 26 flrEcj] 2014

dk-vk- 2697-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj iatkc us'kuy

cSad ds izcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp

vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k@Je U;k;ky;] tcyiqj ds iapkV (lanHkZ la[;k 16@98)

dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 26&09&2014 dks

izkIr gqvk FkkA

¹la- ,y&12012@386@96&vkbZvkj (ch&II)º

jfo oqQekj] vuqHkkx vf/dkjh

New Delhi, the 26th September, 2014

S.O.

2697.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 16/98)

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

Jabalpur as shown in the Annexure, in the industrial dispute

between the management of Punjab National Bank and

their workmen, received by the Central Government on

26/09/2014.

[No. L-12012/386/96-IR (B-II)]

RAVI KUMAR, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/16/98

PRESIDING OFFICER : SHRI R. B. PATLE

The President,

Association of PNB employees,

C/o Punjab National Bank,

Bairagarh,

Bhopal

.....Workman/Union

6720

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

Versus

Regional Manager,

Punjab National Bank,

4, Sikharvaartha Building,

Bhopal

.....Management

AWARD

Passed on this 12th day of August, 2014

1.

As per letter dated 13-1-98 by the Government of

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

received. The reference is made to this Tribunal under

Section 10 of I.D. Act, 1947 as per Notification No.

L-12012/386/96-IR(B-II). The dispute under reference

relates to:

“Whether the action of the management of Punjab

National Bank, Bhopal in withdrawing the special

allowance meant for Special Assistant from Shri

Satish Waygaonkar and redesignate him as clerk/

cashier w.e.f. 9-8-91 is legal and justified? If not,

to what relief the said workman is entitled?”

2.

After receiving reference, notices were issued to

the parties. Workman submitted statement of claim at

Page 5/1 to 5/5. Case of workman is that he was re-

designated as Special Assistant on basis of seniority and

oral interview. He was posted at Gwalior Branch of New

Bank of India. Workman resumed duty on 9-10-89. His

performance was good. Special allowance payable to

workman was withdrawn from 8-8-91 without assigning

any reasons. Workman further reiterates that he was

offered re-designation as Special Assistant vide order

dated 30-9-89. Said order is defective and re-designation

was restricted for limited period. That he requested

management to continue special allowance. The request

was not considered. The withdrawal of special allowance

denotes confirmation. Workman referred to various

annexures contending abolition of Hindia’s post at

Neemuch branch of ENBI and creation of Special

Assistant’s new post at the branch where required i.e.

Gwalior branch of ENBI. That the documents

demonstrate powers by management. The vacancy of

Special Assistant at Gwalior was new. One sr. most clerk

was posted. Such posting should have been treated on

probation for six months and then confirmed. Workman

prays for restoration of special allowance from 9-8-91.

3.

Management of IInd party filed Written Statement

at Page 6/1 to 6/5. Preliminary objection is raised by IInd

party on ground of delay in rising dispute. The Writ

Petition filed by workman in High Court was withdrawn

on 8-8-91 and the dispute is raised on 30-6-96. That

workman was granted special allowance for post of

Assistant on temporary basis. Workman is not entitled to

special allowance permanently. On vacancy of Shri R.K.

Hindia, workman was re-designated as Special Assistant.

It was conditional if Shri R.K. Hindia was restored special

allowance or he was not promoted to the officer grade,

workman will not get special allowance. All above points

are reiterated by IInd party and prays for rejection of

claim.

4.

Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:-

(i)

Whether the action of the manage-

In Affirmative

ment of Punjab National Bank,

Bhopal in withdrawing the special

allowance meant for Special Assis-

tant from Shri Satish Waygaonkar

and redesignate him as clerk/cashier

w.e.f. 9-8-91 is legal and justified?

(ii) If not, what relief the workman

Workman is

is entitled to?

not entitled to

any relief.

REASONS

5.

Workman is challenging withdrawal of special

allowance to him from 9-10-89. Management has opposed

relief claimed by workman. The documents produced by

workman are admitted and marked Exhibit W-1 to W-4.

Document Exhibit W-1 is letter issued by Regional

Manager to workman in the matter of his temporary re-

designation as Special Assistant. That the re-designation

of workman as Special Assistant was against vacancy of

Shri R.K. Hindia on purely temporary basis. Till such times,

Hindia is not restored to special allowance applicable to

Special Assistant or his promotion to officer cadre in any

subsequent selection. Exhibit W-2 & 3 is letter

discontinuing special allowance to the workman. Exhibit

W-4 is representation submitted by workman. Exhibit W-5

is order of punishment imposed on Shri R.K. Hindia.

Punishment of his dismissal was reduced to reduction of

special allowance for a period of 3 years. The documents

Exhibit M-1 to M-7 produced by management also speaks

that workman was granted special allowance in place of

Shri R.K. Hindia temporarily. The appointment of workman

was on temporary basis. Exhibit M-4 is copy of

representation submitted by workman. Exhibit M-5 is letter

given by management rejecting representation of workman.

The document Exhibit M-6 shows workman was granted

special allowance temporarily.

6.

Workman filed affidavit of his evidence narrating

the course of litigation. In his cross-examination, workman

says he was appointed in Bank of India which was merged

in Punjab National Bank. He was re-designated by Bank

of India. He was granted re-designation from 9-10-89 or

date may be 30-9-89. Workman was granted special

allowance temporarily. It was withdrawn. Management’s

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6721

witness Shri Deepak Sood has filed affidavit supporting

contentions raised in Written Statement. The cross-

examination of management’s witness shows that Bipartite

Settlements are governing the service of workman. The

permanent post are filled directly after holding interview.

Workman has accepted his re-designation and resumed

working. The evidence on record is clear that workman

was not granted special allowance permanently. He was

not promoted to the post of Special Assistant. Therefore

the withdrawal of special allowance to the workman cannot

be said illegal. For above reasons, I record my finding in

Point No.1 in Affirmative.

7.

In the result, award is passed as under:-

(1)

The action of the management of Punjab National

Bank, Bhopal in withdrawing the special allowance

meant for Special Assistant from Shri Satish

Waygaonkar and redesignate him as clerk/cashier

w.e.f. 9-8-91 is proper and legal.

(2)

Workman is not entitled to any relief.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 26 flrEcj] 2014

dk-vk- 2698-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ;wdks cSad ds

izcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp vuqcaèk esa

fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèkdj.k@Je

U;k;ky;] tcyiqj ds iapkV (lanHkZ la[;k 279@97) dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 26&09&2014 dks izkIr gqvk FkkA

¹la- ,y&12012@355@96&vkbZvkj (ch&II)º

jfo oqQekj] vuqHkkx vf/dkjh

New Delhi, the 26th September, 2014

S.O.

2698.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 279/97) of

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

Jabalpur as shown in the Annexure, in the industrial dispute

between the management of UCO Bank and their workmen,

received by the Central Government on 26/09/2014.

[No. L-12012/355/96-IR (B-II)]

RAVI KUMAR, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/279/97

PRESIDING OFFICER : SHRI R. B. PATLE

Secretary,

Indian National Bank Employees Federation,

9, Sanwer Road,

Hardev Niwas,

Ujjain (MP)

....Workman/Union

Versus

Asstt. General Manager,

UCO Bank,

E-45, Arera Colony,

Bhopal

.....Management

AWARD

Passed on this 2nd day of September, 2014

1.

As per letter dated 30-9-97 by the Government of

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

received. The reference is made to this Tribunal under

Section 10 of I.D. Act, 1947 as per Notification No.

L-12012/355/96-IR(B-II). The dispute under reference

relates to:

“Whether the action of the management of UCO

Bank in denying revision of subsistence allowance

on the basis of the 6th Bipartite Settlement during

the period of suspension of Shri Hare Singh Muvel

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

workman is entitled?”

2.

After receiving reference, notices were issued to

the parties. Ist party workman submitted statement of

claim at Page 9 to 11. Case of Ist party workman is that

he was suspended on 21-9-92 by IInd party pending

enquiry. 6th Bipartite Settlement was settled on

14-2-95. 5th Bipartite settlement was settled on 10-4-89. In

6th Settlement, pay scales were revised for clerk from

Rs.1750 to Rs. 5500/-, for subordinate staff from Rs. 1600

to 3020. 6th settlement was made applicable from

1-11-92. Ist party was not paid subsistence allowance as

per revised pay in 6th Bipartite Settlement. ALC, Bhopal

had directed to pay arrears of subsistence allowance as

per 6th Bipartite Settlement. As per directions in

conciliation proceedings, Ist party was paid arrears of other

allowance on 15-6-97 revised subsistence allowance as

per 6th Bipartite Settlement was not paid to him. This

dispute has been raised. Workman claims for payment of

arrears of subsistence allowance as per 6th Bipartite

Settlement.

3.

IInd party filed Written Statement at Page 40/1 to 40/

3 opposing claim of workman. Preliminary objection is

raised that no valid or viable award could ensue from the

matter under reference, the reference is vague. For an

effective, just, proper and meaningful adjudication of

revision of subsistence allowance, the factual foundation

period attracting its applicability constitutes a must

requirement and condition precedent. It is further

submitted that workman moved application raising

dispute by Shri Ram Nagwanshi, Rashtriya Bank

Karmchari Sangthan. No documents are produced that

workmen is member of said Union. Resolution passed

to prosecute claim of the workman. It is further submitted

that Shri H.S. Movel had been suspended prior to the

date of salary revision as per 6th bipartite settlement. As

6722

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

per decision of Committee of Indian Bank’s Association, it

was resolved that in case workmen employees and the

officer employees, if the date of suspension is prior to the

date of salary revision, there will be no change in the

subsistence allowance arising out of the salary revision.

However the date of suspension is subsequent to the date

of salary revision is effective, the concerned employee

will be given the salary revision on the due date and his

subsistence allowance will be fixed as per his revised

salary.

4.

IInd party denied claim of Ist party workman that

the suspension order was issued incorporating the rules.

That workman has not disclosed actual period and

duration of his suspension. Bipartite settlement is

admitted with terms and conditions. The conciliation

proceeding and reference of dispute is not disputed.

However it is submitted that workman was already paid

allowance as per Bipartite Settlement and nothing

remained due. Claim of workman is false and incorrect.

If any dues would have been left, computation, calculation

would have been furnished with the application. The

annexure which relates to the reply of the Bank workman

is not disputed. Precisely the IInd party opposed claim

for arrears of subsistence allowance as per 6th Bipartite

Settlement. IInd party prays for rejection of claim.

5.

Workman filed rejoinder at page 53/1 to 53/3

reiterating its contentions in statement of claim. He

further submits that workman belongs to SC was

appointed on 9-9-84. The suspension chargesheet was

issued to workman contrary to the Bipartite Settlement.

That suspension order was issued on 21-9-92 confirming

that subsistence allowance as per rules are paid to the

workman. Workman reiterates that he is entitled to arrear

of subsistence allowance as per 6th bipartite settlement

for the period 21-9-92 to 10-8-94.

6.

Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:-

(i)

Whether the action of the manage- In Affirmative

ment of UCO Bank in denying revi-

sion of subsistence allowance on the

basis of the 6th Bipartite Settlement

during the period of suspension of

Shri Hare Singh Muvel is legal and

justified?

(ii) If so, to what relief the workman is

Workman is

entitled to?

not entitled

to any relief

as claimed.

REASONS

7.

Workman filed affidavit of his evidence that he

was appointed in Bank in 9-11-84, he was suspended on

21-9-92 without calling explanation or issuing chargesheet.

That as per 5th Bipartite Settlement, subsistence allowance

was paid. 6th Bipartite Settlement was settled on 14-2-95.

He is entitled to revised subsistence allowance as per pay

revised in 6th bipartite settlement. In his cross-examination,

workman says he has passed Hsc. He claims arrears of

suspension allowance as per 6th bipartite settlement came

in force on 1-11-1992. However he has made improvement

in his cross-examination about his claim till 8-9-97. In his

rejoinder, he had claimed arrears till 10-8-94. That he

submitted copy of 6th Bipartite Settlement. As per 6th

Bipartite Settlement, he was not paid subsistence

allowance. He claims difference of subsistence allowance.

The 6th Bipartite Settlement produced by him is not

complete document. He admits to be an employee of the

UCO Bank. The policy and rules of said Bank are applicable

to him. He claims ignorance whether he submits documents

with Written Statement of the Bank. Bank has not replied

to his claim for subsistence allowance as per 6th Bipartite

settlement. That he has produced document about

payment of subsistence allowance as per 6th Bipartite

settlement by other banks.

8.

Management’s witness Shri Prabhat Pathak in his

affidavit of evidence says for proper adjudication of

revision of subsistence allowance, the factual foundation

period attracting its applicability is an essential

requirement/ condition precedent. That workman has not

specifically mentioned actual period and duration of

subsistence allowance claimed by him. That as per decision

of Personnel Committee Meeting of Bank’s Association

held on 12-9-89 circulated on 28-11-89 the employees and

officers are not entitled to revised suspension allowance

when the date of suspension is earlier to salary revision.

If the date of suspension is subsequent to the date from

which salary revision is effective, the concerned employee

will be given the salary revision on the due date and his

subsistence allowance will be fixed as per his revised

salary.

9.

Management’s witness in his cross-examination

says his affidavit is based on documents. He had

discussion with the Branch Manager but did not recollect

the date. 3-4 days before preparing his affidavit, he had

seen the record. He was not working in the branch during

24-9-92 to 8-9-97. He claims ignorance whether explanation

of workman was called before order of his suspension. If

any employee is suspended on the basis of settlement, he

would not be entitled to benefit of settlement. That circular

of 1989 was policy matter and it is applicable to all. That

6th Bipartite Settlement does not apply to the workman. In

his further cross-examination, management’s witness says

workman was paid medical allowance, haulting allowance

as per 6th Bipartite Settlement. That those allowances are

not based on basic pay. Management’s witness Shri

Deepak Kumar in his affidavit of evidence says that

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6723

workman was placed under suspension on 21-9-92.

Chargesheet was served on him on 24-3-93. As per order

dated 10-8-94, workman was dismissed from service. The

dispute is referred on 30-10-95. In reply to the

representation of workman through Union Representative

dated 25-5-95, Head Office vide letter dated 4-11-95

intimated workman about decision to conduct

departmental enquiry. Union submitted letter dated

18-11-95 for payment of subsistence allowance during

Departmental Enquiry. Workman was paid arrear of

subsistence allowance as per letter dated 9-7-96. The

calculation sheet is enclosed with the said letter. The

circular dated 18-11-89 is reproduced by the witness. The

copy of said circular is also produced on record. Workman

has produced document Exhibit W-1. Management’s letter

about payment of arrears of subsistence allowance

Rs. 56454.19 as per revised pay scaled from 21-11-93.

Exhibit W-2 are copies of cheques, W-3 is order of

suspension dated 21-11-92. Exhibit W-4 is copy of order

passed by management. That subsistence allowance

during enquiry was paid to him. He would not be entitled

to any other claim.

10.

Management produced documents Exhibit M-1 letter

by Assistant General Manager (Personnel) to Union

Secretary Shri Ram Nagwanshi informing that

chargesheet was issued to workman on 24-5-95. Enquiry

would be conducted in Hindi. Exhibit M-2 is copy of

letter by Shri Ram Nagwanshi Secretary dated 18-11-95,

Exhibit M-3 is copy of letter dated 2-3-96 by Regional

Manager, M-4 is copy of letter dated 9-8-96 informing

workman about payments of Rs. 30,663/- on different

counts. M-5 & 5(a) are copy of calculation sheet. M-6 is

copy of letter dated 9-7-96. Workman was paid arrears

of subsistence allowance. Exhibit M-6(a) is calculation

sheet.

11.

The parties are in dispute whether the workman is

entitled to revised subsistence allowance as per 6th

bipartite settlement. Claim is opposed by management

only on ground that as per circular dated 20-11-89,

workman is not entitled to revised subsistence allowance

as per 6th bipartite settlement. To make the point clear,

relevant verbatim of said circular is produced-

“Both in case of workmen employees and the officer

employees, if the date of suspension is prior to the

date of salary revision, there will be no change in

the subsistence allowance arising out of the salary

revision and accordingly no arrears will be payable

unless the period of suspension is treated as on

duty. If however, the date of suspension is

subsequent to the date from which the salary

revision is effective, the concerned employee will

be given the salary revision on the due date and his

subsistence allowance will be fixed as per his

revised salary. The arrears of salary ad subsistence

allowance shall be paid to him accordingly.”

Workman in his cross-examination says that rules

and policy of Bank is binding on him. The copy of award

in R/6/97 is produced on record. The dispute related to

termination of workman from service from 10-8-94. The

claim of workman was not upheld on ground that fresh

enquiry was already initiated. As Bank’s circular dated

28-11-89 is clear that if suspension order is prior to the

date of revision of salary, the employees is not entitled to

revised subsistence allowance. Therefore I do not find

any illegality committed by the Bank. For above reasons.

I record my finding in Point No.1 in Negative.

12.

In the result, award is passed as under:-

(1)

The action of the management of UCO Bank in

denying revision of subsistence allowance on the

basis of the 6th bipartite settlement during the

period of suspension of Shri Hare Singh Muvel is

legal and proper.

(2)

Workman is not entitled to any relief.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 26 flrEcj] 2014

dk-vk- 2699-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj us'kuy

ba'kksjsa'k dEiuh fy- ds izcaèkra=k ds lac¼ fu;kstdksa vkSj muds

deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vfèkdj.k@Je U;k;ky; dksydrk ds iapkV

(lanHkZ la[;k 18@2000) dks izdkf'kr djrh gS tks dsUnzh; ljdkj

dks 26&09&2014 dks izkIr gqvk FkkA

¹la- ,y&17011@1@99&vkbZvkj (ch&II)º

jfo oqQekj] vuqHkkx vf/dkjh

New Delhi, the 26th September, 2014

S.O.

2699.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 18/2000) of

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

Kolkata as shown in the Annexure, in the industrial dispute

between the management of National Insurance Co. Ltd.

and their workmen, received by the Central Government

on 26/09/2014.

[No. L-17011/1/99-IR (B-II)]

RAVI KUMAR, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

AT KOLKATA

Reference No. 18 of 2000

Parties: Employers in relation to the management of

National Insurance Company Ltd.

AND

Their workman.

Present : Justice Dipak Saha Ray, Presiding Officer

6724

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

Appearance:

On behalf of the

: Mr. Dipak Kumar Ghosh,

Management

Ld. Counsel with

Mr. Ranjay De, Ld. Counsel.

On behalf of the

: None

Workman

State: West Bengal

Industry: Insurance

Dated: 12th August, 2014.

AWARD

By Order No.L-17011/1/99-IR(B-II) dated

23/28.02.2000 the Government of India, Ministry of Labour

in exercise of its powers under Section 10(1)(d) and (2A)

of the Industrial Disputes Act, 1947 referred the following

dispute to this Tribunal for adjudication:

“Whether the action of the management of National

Insurance Co. Ltd., Calcutta in converting the

services of Bradma Operators and comptist

straightway to Assistant (Clerical) ignoring the

seniority of Assistant (Typist) who are also supposed

to be converted to clerical cadre is justified? If not,

what relief the concerned workmen are entitled?”

2.

When the case is taken up today for hearing, none

appears on behalf of the union/workmen though the

management it represented by its Ld. Counsel. It appears

from the record that the union is absent since 23.01.2014.

Considering the above facts and circumstances and the

conduct of the union it may reasonably be presumed that

the union does not want to proceed with the case further.

3.

In view of the above, instant reference case is

disposed of by passing a “No Dispute Award”.

Dated : Kolkata, the 12th August, 2014.

Justice DIPAK SAHA RAY, Presiding Officer

ubZ fnYyh] 26 flrEcj] 2014

dk-vk- 2700-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj dksydrk

iru U;kl ds izcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds

chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k@Je U;k;ky; dksydrk ds iapkV (lanHkZ la[;k 36@2003)

dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 26&09&2014 dks

izkIr gqvk FkkA

¹la- ,y&32011@4@2003&vkbZvkj (ch&II)º

jfo oqQekj] vuqHkkx vf/dkjh

New Delhi, the 26th September, 2014

S.O.

2700.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 36/2003) of

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

Kolkata as shown in the Annexure, in the industrial dispute

between the management of Kolkata Port Trust and their

workmen, received by the Central Government on

26/09/2014.

[No. L-32011/4/2003-IR (B-II)]

RAVI KUMAR, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

AT KOLKATA

Reference No. 36 of 2003

Parties : Employers in relation to the management of

Kolkata Port Trust

AND

Their workmen

Present : Justice Dipak Saha Ray, Presiding Officer

Appearance:

On behalf of the

: Mr. M. K. Das,

Management

Industrial Relations Officer.

On behalf of the

: None.

Workmen

State : West Bengal

Industry: Port & Dock

Dated: 10th September, 2014.

AWARD

By Order No.L-32011/4/2003-IR(B-II) dated

31.10.2003 the Government of India, Ministry of Labour

in exercise of its powers under Section 10(1)(d) and (2A)

of the Industrial Disputes Act, 1947 referred the following

dispute to this Tribunal for adjudication:

“Whether the action of the management of Kolkata

Port Trust in denying the promotion to Shri Chandi

Charan Debnath from Lascar Grade-I to Deck

Tindal from 1.1.2001 against a supernumerary post

on par with other marine personnel, who were

granted similar benefits is legal and justified? If

not, what relief the concerned workman is entitled

to?”

2.

When the case is called out today, none appears on

behalf of the union inspite of service of notice, though

the management is represented by its authorized

representative. It appears from the record that none is

appearing on behalf of the union since 06.06.2011, nor

any step has been taken by the union to proceed with the

matter.

3.

Considering the above facts and circumstances, it

appears that the union is not at all interested to proceed

with the case further. So, no fruitful purpose will be served

in keeping the matter pending.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6725

4.

Accordingly, the instant reference case is disposed

of by passing a “No Dispute Award”.

Justice DIPAK SAHA RAY, Presiding Officer

Dated : Kolkata, the 10th September, 2014.

ubZ fnYyh] 26 flrEcj] 2014

dk-vk- 2701-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj iatkc us'kuy

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

vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k@Je U;k;ky; ubZ fnYyh&2 ds iapkV (lanHkZ la[;k

57@2007) dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 26&09&2014

dks izkIr gqvk FkkA

¹la- ,y&12012@34@2007&vkbZvkj (ch&II)º

jfo oqQekj] vuqHkkx vf/dkjh

New Delhi, the 26th September, 2014

S.O.

2701.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 57/2007) of

the Cent. Govt. Indus. Tribunal-cum-Labour Court No. 2,

New Delhi as shown in the Annexure, in the industrial

dispute between the management of Punjab National Bank

and their workmen, received by the Central Government

on 26/09/2014.

[No. L-12012/34/2007-IR(B-II)]

RAVI KUMAR, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

KARKARDOOMA COURT COMPLEX, DELHI

Present : Shri Harbansh Kumar Saxena

ID No. 57/2007

Sh. Sunder Lal, S/o Sh. Khazan Singh,

16/362 , Trilok Puri, New Delhi-110091

Versus

Sr. Regional Manager, North Delhi Region PNB,

Rajendra Bhawan , Rajendra Place, New Delhi-110066

AWARD

The Central Government in the Ministry of Labour

vide notification No L-12012/34/2007-IR(B-II)) dated

18.09.2007 referred the following industrial Dispute to

this tribunal for adjudication :—

“Whether the action of the Sr. Regional Manager,

Punjab National Bank, Rajendra Place, New Delhi,

in terminating the services of Sh. Sunder Lal Ex-part

time sweeper w.e.f 21.08.2002 is just, fair and legal?

If not, to what relief the workman is entitled to and

from which date?”

On 27.09.2007 reference was received in this tribunal.

Which was register as I.D No. 57/2007 and claimant was

called upon to file claim statement with in fifteen days

from date of service of notice. Which was required to be

accompanied with relevant documents and list of

witnesses.

After service of notice workman/claimant filed claim

statement. Wherein he stated as follows:-

1.

That the Central Government, Ministry of Labour,

vide their Order No. L- 12012/34/2007-IR(B-II) dated

18.09.2007 has been pleased to refer the above-

mentioned industrial dispute to this Hon’ble

Tribunal, for adjudication, with the terms as under:—

“Whether the action of the management of the

Sr. Regional Manager, Punjab National Bank,

Rajendra Place, New Delhi in terminating the services

of Shri Sunder Lal , Ex-Part-time Sweeper, w.e.f .

21.08.2002 is just, fair and legal? If not, to what relief

the workman is entitled to and from which date?”

2.

That the employer Bank served the workman with

no notice before terminating his services w.e.f.

21/08/2002.

3.

That there was no adverse remark against the said

workman regarding his work and conduct, from any

official of the employer management.

4.

That no departmental or fact finding enquiry was

ordered by the management before abruptly

dispensing with the services of the workman.

5.

That the workman was working with the employer

Bank against permanent vacancy of a Sweeper for a

long time (1730 days w.e.f. 26.11.1997 to 21.08.2002

and was likely to be absorbed in the permanent

services or the Bank as full-time Sweeper as per on–

going negotiations with the majority Union of Bank

Employees.

6.

That immediately after termination of services of the

workman, the employer Bank posted another

Sweeper to do the same job.

7.

That the workman was working in the employer’s

Mayur Vihar Phase –II Branch of the Bank eve since

its opening against a permanent sanctioned vacancy

of a Sweeper and his attendance was marked in the

Attendance Register of the Branch alongwith other

permanent officials of the Bank.

8.

That the workman requested the employer Branch

to confirm him in the service of the Bank as a

6726

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

permanent Sweeper on his successful completion

of six month’s probation period but the employer

Bank preferred to terminate the services of the

workman against all norms and principles of natural

justice.

PRAYER

It is prayed that this august Tribunal may consider

the case in its entirely and order for reinstatement of the

workman in the service of the Bank w.e.f 21.08.2002,

with back wages till the date of his reinstatement in the

service of the Bank, and other consequential benefits as

may be applicable to the workman while in service, for

the said period of his illegal termination from the service

of the employer Bank.

Any other relief, which the court may deem fit,

may also, be awarded in favour of the workman.

Against claim statement management filed following

written statement:-

Most respectfully, it is submitted as under :—

That the aforesaid Industrial Dispute has been

referred for adjudication to this Hon’ble Tribunal by the

Appropriate Government with the following terms of

reference:-

“Whether the action of the management of the

Sr. Regional Manager, Punjab National Bank, Rajendra

Place, New Delhi in terminating the services of

Shri Sunder Lal , Ex-Part-time Sweeper, w.e.f . 21.08.2002 is

just, fair and legal? If not, to what relief the workman is

entitled to and from which date?”

Before submitting reply on merits, we would like

to raise the following preliminary objections:-

A.

PRELIMINARY OBJECTIONS

1.

That there was no employer-employee relationship

between the bank and Sh. Sunder Lal and

accordingly what has been referred by the

Appropriate Government to this Hon’ble Tribunal

cannot be termed as an ‘Industrial Dispute’ as per

the law laid down by the Hon’ble Supreme Court of

India. Sh. Sunder Lal Cannot ask for reinstatement

in service with the bank dehors the rules.

2.

That the term ‘retrenchment’ has been defined in

section 2(oo) of the Industrial Disputes Act and sub-

clause(bb) of the said section inter-alia provides

as under:-

“Termination of the service of the workman as a

result of non-renewal of the contract of employment

between the employer and the workman concerned

on its expiry or of such contract being terminated

under a stipulation in that behalf contained

therein.”

3.

That Sh. Sunder Lal was engaged for the limited

period in stop-gap arrangement only and by virtue

of Section 2(oo) (bb) reproduced here-in-above the

non continuance of Sh. Sunder Lal in the Stop-gap

arrangement does not constitute retrenchment and

accordingly, there is no violation of Section 25F of

the Industrial Disputes Act as alleged or otherwise.

B.

REPLY ON MERITS

That at the outset, it is submitted that all the

allegations, submissions and averments made by

Sh. Sunder Lal in his statement of claim dated 15.11.2007

be deemed to have been specifically denied unless they

are specifically admitted in this reply.

It is submitted that Sh. Sunder Lal had been

engaged in stop-gap arrangement of a part-time sweeper

at BO: Mayur Vihar, Phase-II Delhi, for a specific period

i.e. till the appointment of a regular sweeper in the branch.

Since the engagement of Sh. Sunder Lal was purely

against stop-gap arrangement, discontinuation of the

same cannot be termed as termination by virtue of

provisions of Section 2(oo) of the Industrial Disputes Act.

That the Bank had entered into a conciliation

settlement dated 7.05.1984 with ALL INDIA PNB

Employees Federation over the matter of fixation of wages

of part-time sweepers and related matters. In terms of

the provisions of the said settlement, the vacancies of

part-time sweepers of various offices are identified

keeping in view the sweeping area of the concerned office

as well as hours of work per week to be put in by the

part-time sweeper. It is also agreed that the vacancies of

part-time sweepers eligible for ½ , ¾, or full wages arising

at the station where the bank has more than one office on

account of any reason shall be filled up on the basis of

seniority determined by converting the service put in at

1/3, ¼, ¾ of the scale wages into full time service. This

procedure of filling up the vacancies is to be followed

unless ‘thikana’ system is in vogue at that particular area.

That the bank rules further provide that till such

time a permanent sweeper is provided, the branch can

make stop-gap arrangements. The persons engaged in

such stop-gap arrangement are entitled to compensation

equivalent to same proportion of scale wages but at the

initial stage of scale of pay application to subordinate

staff.

Sh. Sunder LAl was engaged at BOL Mayur Vihar,

Phase-II, Delhi in stop- gap arrangement for a specific

period i.e. till the appointment of a sweeper in the branch.

Since his engagement was for a specific period and on

completion of the same, his engagement came to an

automatic end.

C.

PARA WISE REPLY

1.

That the contents of para 1 of the statement of claim

are admitted to the extent that the Appropriate

Government referred the case before Hon’ble court

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6727

for adjudication. However, it is submitted that what

has been referred by the Appropriate Government

to this tribunal cannot be termed as an Industrial

Dispute in view of the Preliminary objections made

here-in-before.

2.

That the content of para 2 are wrong and hence

denied. It is denied that Sh. Sunder Lal was ever

employed by the bank as a part-time sweeper in

BO: Mayur Vihar , Phase –II , Delhi. It is reiterated

that he was engaged only to clean the branch

premises in stop-gap arrangement of a permanent

sweeper for which necessary payment was made to

him from time to time. There was no occasion for

his termination or giving any notice as stated or

otherwise.

3.

That the contents of para 3 are wrong and hence

denied. The submissions made here –in –before are

reiterated.

4.

That the contents of para 4 are wrong and hence

denied. Since there was no employer-employee

relationship between the bank and Sh. Sunder Lal,

there was no occasion for a departmental enquiry.

5.

That the contents of para 5 are wrong and hence

denied. It is vehemently denied that any

negotiations were going on between the bank and

the majority union regarding absorption of part-

time sweepers in the permanent service of the bank.

Sh. Sunder Lal has worked as a part-time sweeper

in stop-gap arrangement w.e.f 26.11.1997 to

21.08.2002 (excluding holidays and Sundays) on

1/3rd scale of wages and his engagement was

discontinued on the posting of permanent sweeper

in the branch.

6.

That the contents of para 6 are wrong and hence

denied. In this connection it is submitted that the

engagement of Sh. Sunder Lal was discontinued

on the posting of a permanent sweeper in the

branch.

7.

That the contents of para 7 are wrong and hence

denied. It is submitted that Sh. Sunder Lal was

working in B.O. Mayur Vihar, Phase-II, Delhi as

part time sweeper in a stop- gap arrangement for a

specified period i.e. till the posting of a permanent

sweeper in the branch.

8.

That the contents of para 8 are wrong and hence

denied. It is reiterated that Sh. Sunder Lal was never

appointed in the bank. There was no employer-

employee relation between the bank and Sh. Sunder

Lal and accordingly there was no occasion for the

bank to terminate his service as alleged . It is further

denied that any provision of law or the principle of

natural justice has been violated in discontinuing

the engagement of Sh. Sunder Lal in stop-gap

arrangement.

PRAYER :—

That in view of the submission made here-in-above,

its respectfully submitted that this Hon’ble Tribunal may

kindly be pleased to hold the action of the bank in

discontinuation of stop-gap arrangement of Sh. Sunder

Lal as just and proper and that Sh. Sunder Lal is not

entitled to any relief as prayed for or otherwise.

Workman filed rejoinder. Wherein he stated as

follows:-

Most respectfully on behalf of the workman:-

1.

That the workman reiterates the contents of his

statement of claim.

It is reiterated that the workman , Sh. Sunder Lal,

was employed by the management of Punjab

National Bank as a part-time Sweeper on 1/3rd of

Scale Wages of a permanent Sweeper, against

permanent vacancy, arising with the opening of its

new branch at Mayur Vihar , Phase –II , Delhi,

w.e.f 26.11.1997 and his services were abruptly

terminated w.e.f 21.08.2002, without service of any

notice, or holding any enquiry, while the workman

asked for absorption of his services as permanent

Part-time Sweeper of the management Bank.

2.

That there existed no contract between the workman

and the employer Bank to work in a ‘Stop gap’

arrangement for a ‘specific period’, as has been

alleged by the management in the Written

statement.

3.

That even on date, a large number of vacancies of

permanent Sweepers are lying vacant with the

employer management and it is out-sourcing the

sweeping work to outside agencies at the cost of

absorption of those part-time sweepers who have

put in a number of years in the employment of the

management Bank as part-time sweepers and

therefore have a right over the vacancies lying

vacant with the management of the Bank in the

interest of ‘natural justice’. Such an act is also

violative of Article 14 of the Constitution of India.

The management should not be permitted to

formulate and practice a law unknown to the Indian

legislature and which is also against the principles

of ‘natural justice’.

4.

That the employer Bank is violating the terms of

conciliation settlement dated 07.05.1984, according

to which, it is agreed that the vacancies of part-

time sweepers eligible for 1/3, 3/4 or full wages arising

at the station where the bank has more than one

office on account of any reason shall been filled up

on the basis of seniority determined by converting

the service put in at 1/3, 1/4, 3/4 of the scale wages

into full time service. This procedure of filling up the

6728

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

vacancies has not been followed in the case of

workman Sunder Lal and he has been thrown on the

road by the management Bank against the provisions

of this conciliation settlement dated 07.05.1984 . The

management may please be directed to place on

record of this Hon’ble Tribunal a true copy of the

said conciliation settlement dated 07.05.1984.The

management may please be directed to place on

record of this Hon’ble Tribunal a true copy of the

said conciliation settlement dated 07.05.1984, along

with the number of vacancies available in Delhi Circle

of the management Bank, as also the seniority list

prepared by the management, of such part-time

sweepers who fit in this equation, for filling up the

vacancies on the basis of seniority of such part-

time sweepers including the workman claimant.

5.

It is emphatically denied that any of provisions of

the above –referred conciliation settlement dated

07.05.1984 provide that the management Bank make

any ‘Stop gap’ appointment of any Sweeper for any

‘specific period’ or any length of time, or on contract,

till such time a permanent sweeper is provided.

6.

The workman , therefore, has prayed for his

reinstatement in service of the management Bank

with full back wages and all consequential benefits

from the date of his illegal termination.

On 23.04.2012 My Ld. Predecessor mentioned in

order sheet that no issue other than one mentioned in the

reference requires to be framed in this case.

In view of this for evidence of workman on affidavit to

come upon 14.08.2014.

Workman in support of its case filed his affidavit

Ex.WW1/A . He tendered his affidavit and he also placed

reliance on documents which has been marked as WW1/1

to 8 is examination in chief and cross-examination recorded

on 03.05.2013 is as follows:-

I tender my affidavit as evidence, which is Ex. WW1/

A . Alongwith my affidavit, I rely on letter dated 16.07.2010,

28.07.2010, my bio-data, letter dated 18.12.1997, letters dated

07.01.1997 , 16.02.1991, 03.03.2004 and voucher dated

20.08.1999, which documents are Ex. WW1/1 to Ex. WW1/

8. These documents maybe read alongwith my affidavit.

XXXXXX Ms. Natasha, Officer (HR) for the management.

It is incorrect that I was a temporary part time

sweeper with the bank. It is correct that bank never gave

in writing to me informing me that I was working as a

permanent part-time sweeper. I have no documents in my

possession to show that I was a permanent part-time

sweeper with the bank.

My Ld. Predecessor on 3.05.2013 fixed 3.07.2013

for remaining evidence of workman as well as evidence

of the management since then neither workman nor his

Ld. A/R turned up before this tribunal on 3.07.2013,

05.08.2013, 17.09.2013, 15.11.2013, 07.01.2014 and 12.03.2014

for remaining evidence of workman but no remaining

evidence has been produced by workman. Evidence

alongwith documents and its copies was filed by

management but afterwards management also adopted

dormancy and could not tendered its affidavit and its

annexed documents filed by management.

Due to continuous dormancy of parties I fixed

5.09.2014 for award on 03.09.2014.

In the light of pleadings and evidence on record no

case of workman is made out for granting him relief in

want of required evidence. Question of determination

mentioned in schedule No.1 of reference is liable to be

decided against workman and in favour of Management.

Which is accordingly decided. Claim statement is hereby

dismissed.

Award is accordingly passed.

Dated:-05.09.2014

HARBANSH KUMAR SAXENA, Presiding Officer

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New Delhi, the 26th September, 2014

S.O.

2702.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 73/2012)

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

Chennai as shown in the Annexure, in the industrial

dispute between the management of Indian Bank and

their workmen, received by the Central Government on

26/09/2014.

[No. L-12011/111/2011-IR (B-II)]

RAVI KUMAR, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Monday, the 8th September, 2014

Present : K.P. PRASANNA KUMARI, Presiding Officer

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6729

Industrial Dispute No. 73/2012

(In the matter of the dispute for adjudication under clause

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

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

the Management of Indian Bank and their workman)

BETWEEN

The General Secretary

: 1st Party/Petitioner

Indian Bank Employees Union

Union

No. 6, Moore Street,

Mannady Corner,

Chennai-600001

AND

The General Manager

: 2nd Party/

Indian Bank

Respondent

Corporate Office

264, Avvai Shanmugam Salai

Chennai-600014

Appearance :

For the 1st Party/

: Sri J. Thomas Jeyaprabhakaran,

Petitioner Union

Authorized Representative

For the 2nd Party/

: M/s T.S. Gopalan & Co.,

Respondent

Advocates

AWARD

The Central Government, Ministry of Labour and

Employment vide its Order No. L-12011/111/2011-IR

(B.II) dated 12.09.2012 referred the following Industrial

Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is :

“Whether the action of the management of Indian

Bank in proposing to recover an amount to the tune

of Rs. 59,052 and paise 16 paid excessively to Sri

U. Lakshmipathy, Part-Time Sweeper during July

2008 to December, 2010 is legal and justified?

Whether the demand of the Union that

Lakshmipathy should be fitted at the 11th stage on

his elevation of half-scale w.e.f. 02.07.2008 and

the next increment be preponed by 8 months to

02.11.2010 are just and proper? What relief the

workman concerned is entitled to?”

2.

On receipt of the Industrial Dispute this Tribunal

has numbered it as ID 73/2012 and issued notices to both

sides. The petitioner had entered appearance through

Authorized Representative and the Respondent through

the counsel and filed Claim and Counter Statement

respectively. The petitioner has filed a rejoinder to the

Counter Statement.

3.

The averments in the Claim Statement are these:

The dispute pertains to reduced fitment of salary to

U. Lakshmipathy, Part-Time Sweeper of Aminjikarai Branch

of the Respondent Bank. Lakshmipathy was initially

working as Part-Time Sweeper in YWCA Extension Counter

attached to Purusawalkam Branch and 1/3rd scale of wages

was applicable to him at the time. When the extension

counter was upgraded and shifted to a spacious premises

in Aminjikarai, Lakshmipathy became eligible for 1/2 scale

wages from 02.07.2008. As on the date of his elevation he

has put in service of 15 years and 3 months. He had been

sanctioned 16 annual increments of 1/3rd rate of the full

increment, including the increment sanctioned on

computerization in the banking industry, by the time he

became eligible for half scale wages. At the time of his

elevation, he was drawing 1/3rd scale wages at the 17th

stage in the scale of pay eligible for Sub-Staff. On the

basis of the communication from the Circle Office that the

wages of Lakshmipathy has been enhanced to half scale

wages, the Aminjikarai branch has calculated his salary as

Rs. 3,258/- i.e. half of the full scale wages. He was paid at

the above rate till December, 2010. Subsequently, on the

basis of communication from Head Office, the pay of

Lakshmipathy was re-fixed at the sixth stage of pay of

Sub-Staff in half scale w.e.f. 02.07.2008. His date of

increment was fixed as 02.03.2009. The Head office also

instructed the branch to recover the excess salary said to

have been paid to Lakshmipathy. The re-fixation was done

on the basis that the 16 increments in 1/3rd scale on

conversion into full increments would come to 5 and 1/3. It

is accordingly, the pay was fixed in the sixth stage. The

fixation of pay is not in accordance with the provision

made in the Bipartite Settlement for the same. As per the

Bipartite Settlement dated 10.04.1989, on elevation from

part time to full time wages, the pro-rata increment earned

in the part-time service should be notionally converted

into full increments. In the case of conversion from

1/3rd scale to 1/2 or 3/4 scale, or from half to 3/4scale, the

pro-rata increments earned in the lower proportionate wage

scale should be notionally converted to higher

proportionate wage scale into which the employee is

elevated. If pay is fixed on this basis, the pay of

Lakshmipathy should have been fixed in the 11th stage on

his elevation to half scale. The remaining fraction of 1/3

increment being equivalent to 8 months in half wage scale,

his next increment should have been advanced by 10

months to 02.09.2008 instead of 02.07.2009. Gross injustice

has been meted out to Lakshmipathy by reducing his salary

by incorrect fixation. An order may be passed directing

the Respondent to fix the wages of Lakshmipathy at 11th

stage on his elevation to half scale w.e.f. 02.07.2008, to

prepone his date of increment by 10 months and declare

02.09.2008 as the increment date and also direct the

Respondent to desist from recovering any amount from

Lakshmipathy as excess amount.

6730

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

4.

The Respondent has filed Counter Statement

contending as follows:

At the time Lakshimpathy was elevated to half scale

wage as part-time sweeper, he had put in 15 years of service

with 15 increments and also a special increment. So on

elevation he was fixed at 16 × 1/3 = 5 and 1/3 increment.

His pay was re-fixed at the 6th stage of his pay and he was

entitled Rs. 3,275/- of pay at half-scale. However, for some

reason Lakshmipathy was being paid excess wages. His

pay was re-fixed and excess amount for the period from

02.07.2008 to 01.05.2010 was sought to be recovered. The

fixation of pay of Lakshmipathy is in terms of the settlement

dated 27.04.2010. The claim of the petitioner is liable to be

rejected.

5.

The petitioner has filed a rejoinder disputing the

mode of calculation by the Respondent and also reiterating

the case in the petition.

6.

The evidence in the case consists of Ext.W1 to

Ext.W11 and Ext. M1 to Ext.M8. No oral evidence was

adduced by either side.

7.

The points for consideration are:

(i)

What is the correct fixation of pay of Lakshmipathy,

the concerned workman on his elevation to half scale

wage as Part-Time Sweeper w.e.f. 02.07.2008? What

is the date of his increment due on elevation?

(ii)

What is the relief to which the concerned workman

is entitled?

The Points

8.

Lakshmipathy, the concerned worker, a Part-Time

Sweeper of the Respondent Bank was getting 1/3rd scale

wages applicable to Sub-Staff cadre employees. When

the extension counter in which he was working was

upgraded and the branch was shifted to a spacious

building, Lakshmipathy became eligible for 1/2 scale wages

w.e.f. 02.07.2008. By the time, Lakshmipathy was elevated

to 1/2 scale wages he had already earned 16 annual

increments including a special increment at 1/3rd rate of

the full increment. Aminjikarai branch in which

Lakshmipathy was working fixed the salary of

Lakshmipathy in 1/2 scale at the 11th stage of Sub-Staff

scale as he had already been sanctioned 16 annual

increments at 1/3rd scale. However, the Head Office

instructed the branch that this calculation of the scale is

not correct. As calculated by the Head Office 16 increments

in 1/3rd scale on conversion into full increments comes to

5 and 1/3. Thus the pay should have been fixed at 6th

stage only in the1/2 scale, according to the Head Office.

On the basis of this instruction, the pay of Lakshmipathy

was re-fixed at the 6th stage in 1/2 scale wages thus

reducing the salary which was drawn by him as per the

calculation of the branch. The dispute is raised on account

of this.

9.

According to the Authorized Representative of the

petitioner, who has raised the dispute on behalf of

Laksmipathy, even though calculation of salary in 1/2 scale

rate as calculated by the branch need not be resorted to,

the salary of Lakshmipathy should have been fixed at the

11th stage. The petitioner as well as the Respondent are

relying upon the relevant clauses in the 9th Bipartite

Settlement to put forth their respective cases. The relevant

clauses in the Bipartite Settlement are extracted below:

“For fitment of part-time employees consequent on

their appointment on full time basis the pro-rata

increments earned by them in the course of their

part-time service shall be converted (notionally and

only for the purpose of fitment) into full increments

and their salary fitted from the date of their

appointment as full time employees after taking into

account such notionally added increments, the

fraction of an increment if any being granted to

them by advancing the date of their next increment

suitably. The advanced date of increment will in

such cases become the date of annual increment in

future years.

When wages of part-time employees are re-fixed

from 1/3rd to 1/2 or 3/4th or from 1/2 to 3/4 in the wage

scales, the pro-rata increments earned by them in the

course of their service in the lower proportionate wage

scale shall be taken into account for the purpose of fitment

in the higher proportionate wage scale together with the

benefit of advancing the date of increment where the

fraction of increment is involved as in the case of their

absorption as full time employees.”

10.

The bank has relied upon the first clause extracted

above to calculate the wages of Lakshmipathy and fix it

at the 6th stage in 1/2 scale. What the bank has done as

stated in this clause is to convert the 16 and 1/3 increments

of Lakshmipathy into full increments which will be

6 and a fraction and fix the scale at the 6th stage.

11.

According to the Authorized Representative, this

calculation made by the Bank is not correct. According

to him, when the second clause which refers to elevation

of part-time employees from 1/3 to 1/2 or 3/4 or from 1/2 to

3/4 wage scales are taken into account the pro-rata

increments earned in the lower proportionate wage scale

should be notionally converted into higher proportionate

wages scale, in which case the scale of Lakshmipathy

should be fixed at the 11th stage.

12.

The Authorized Representative has relied upon the

decision of Madras High Court in PONNAMMAL VS.

INDIAN BANK AND OTHERS in Writ Appeal No. 453/

2007 (Unreported) decided on 19.02.2009 in this respect.

In the above case, Ponnammal, the concerned employee

who was earlier working in 1/2 scale wages was granted

3/4th scale subsequently. While fixing salary of Ponnammal

at 3/4th scale the Respondent Bank has converted the

increments that were sanctioned to her while working on

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6731

1/2 scale into full increments and fixed her salary

accordingly. This was challenged before the High Court.

The Hon’ble High Court, rejecting the method of

calculation adopted by the employee as well as the Bank

had adopted its own calculation. The Court has observed

that the mode of pro-rata increment into full increment will

not apply to the worker since she has not been appointed

as a full-time employee. The Court converted the part-time

half increments into part-time 3/4 increments notionally

for the purpose of fitment and fixed the salary. It is pointed

out by the Authorized Representative that the only

difference between Ponnammal’s case and that of the

worker herein was that while Ponnammal was elevated to

3/4th scale from 1/2 scale the worker herein is elevated to

1/2 scale from 1/3rd scale. Thus according to him, the

calculation should be based on the method of calculation

done by the High Court.

13.

The counsel for the Respondent has argued that

method of calculation adopted by the High Court in

Ponnammal’s case could not be adopted for fixing the

salary of Lakshmipathy. According to the counsel, a

reading of the relevant clauses in the earlier Bipartite

Settlements would show that the method in which the

High Court has fixed the salary could not be resorted

to. In the written arguments submitted, the counsel has

referred to the clauses in the earlier Bipartite Settlement

regarding elevation of Part-Time employees. According

to the counsel for the Respondent, the clauses in the earlier

Bipartite Settlements were not brought to the notice of the

High Court and that is why the salary happened to be

fixed in the manner done in the decision. As pointed out

by the Authorized Representative, a new Bipartite

Settlement overrides the earlier one. The earlier one will

not be relevant for any purpose after that. Again, it has

been pointed out by the Authorized Representative that

the High Court while deciding Ponnammal’s case was very

much aware of the earlier settlements also. The salary

fixation of Ponnammal was done by the Respondent on

the basis of the 3rd Bipartite Settlement as the 9th

settlement was yet to come into effect at that time. On

account of the reference to the employees of the bank

who joined the bank prior to 01.01.1980 which is referred

to in the 3rd Bipartite Settlement also it is clear that the

High Court was aware of provisions of the previous

Bipartite Settlements at the time when Ponnammal’s case

was decided.

14.

On a reading of the two relevant clauses of the 9th

Bipartite Settlement, the only conclusion that could be

arrived at is that the clause applicable to the case of

Lakshmipathy is the second one. As noticed by the High

Court, the first clause is relevant only to the extent that

the same mode of calculation is to be adopted but at the

same time the pro-rata increments at the lower scale should

be notionally converted into the higher proportionate

scale. The decision of the High Court also shows that this

is the method of calculation to be adopted. When these

aspects are taken into account, it is clear that the method

of calculation resorted to by the petitioner is to be adopted.

So the increments that were earned by Lakshmipathy in

1/3rd scale has to be converted into 1/2 increments in

which case it would be 10 half increments with a fraction

of 1/3. So on elevation of Lakshmipathy to 1/2 scale he

should be fitted in the 11th stage. The method of

calculation resorted to by the Respondent is only to be

rejected.

15.

The relevant clauses regarding fixing of scale on

elevation states that the fraction of increment, if any,

should be taken into account and the date of increment is

to be advanced suitably. 1/3rd increment which is the

fraction on conversion is equivalent to 8 months in 1/2

scale wage. Lakshmipathy has earned 3 months from the

date of his earlier increments which was 01.04.2008 to the

date of his elevation on 02.07.2008. This three months in

1/3rd scale comes to 2 months in 1/2 wage scale. Thus, he

had 10 months to his credit after fixing his pay at the 11th

stage. So the next increment of Lakshmipathy on advancing

it by 10 months will be 02.09.2008.

16.

On the basis of my findings above, an award is

passed as follows :

(i)

The Respondent is directed to fix the salary of

Lakshmipathy, the concerned workman at the 11th

stage in the 1/2 scale.

(ii)

The first increment date of Lakshmipathy in 1/2 scale

wages is declared as 02.09.2008.

(iii)

The Respondent shall calculate the wages at the

above rate and pay arrears of wages, if any, to

Lakshmipathy within a month of the date of the

award.

The reference is answered accordingly.

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

corrected and pronounced by me in the open court on this

day the 8th September, 2014).

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined :

For the 1st Party/Petitioner

:

None

For the 2nd Party/Management

:

None

Documents Marked :

On the petitioner’s side

Ex.No.

Date

Description

Ex.W1

Nil

Page No. 12.6 and 12.7 of HRM

Manual of instructions 2009

Ex.W2

25.03.2009

Copy of letter from Circle Office,

Chennai

sanctioning

6732

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

enhancement of scale wages to

Sri U. Lakshmipathy, PTS,

Aminjikarai

Ex.W3

16.12.2010

Copy of letter from HO/HRM

Department re-fixing the wages

to Sri U. Lakshmipathy, and also

for recovery of excess salary paid

Ex.W4

20.12.2010 Copy of letter from Zonal Office

(North), Chennai to Aminjikarai

branch for recover of excess

salary paid

Ex.W5

Nil

Copy of letter from Aminjikarai

branch to HO/HRM Department

for confirmation of amount to be

recovered

Ex.W6

12.01.2011

Copy of the letter from HO/HRM

Department to Aminjikarai

branch instructing to recover Rs.

59,052.16

from

Sri

Lakshmipathy

Ex.W7

29.06.2011

Copy of the letter from Zonal

Office (North), Chennai for

recovery of excess salary paid

Ex.W8

31.01.2011

Letter from Indian Bank

Employees Union, Chennai to

ALC (C), Chennai raising a

dispute over the recovery

Ex.W9

20.04.2011

Copy of the counter reply

submitted

by

HO/HRM

Department

Ex.W10

22.07.2011

Rejoinder submitted by the Union

to the counter reply

Ex.W11

08.08.2011

Letter from Indian Bank

Employees Union, Chennai

addressed to ALC, Chennai over

the contravention of Provision 33

of ID Act by the Indian Bank

Management.

On the Management’s side

Ex.No.

Date

Description

Ex.M1

15&16/4/1980

Minutes of discussions

between Bank’s Association, All

India

Bank

Employees’

Association

and

National

Confederation

of

Bank

Employees – (Extract of Page

Nos. 245, 246, 247, 248)

Ex.M2

08.09.1983 Memorandum of Settlement

dated 08.09.1983 between the

Management of 58 Banks

represented by the Indian Banks’

Association and their workmen

represented by All India Bank

Employees’ Association and the

National Confederation of Bank

Employees – (Extract of Page

Nos. 261, 629 and 270)

Ex.M3

10.04.1989

Memorandum of Settlement

between the Managements of 54

“A” Class Banks represented by

Indian Banks’ Association and

their workmen represented by the

All India Bank Employees

Association and the National

Confederation

of

Bank

Employees (V-BPS-Extract –

Page Nos. 382, 393, 394 and 395)

Ex.M4

07.01.2011

Letter

(Manuscript)

from

Manager, Aminjikarai Branch to

Chief

Manager,

HRM

Department, Indian Bank, H.O.

Chennai – enclosing salary paid

and salary payable – Calculation

Sheet (Typed one)

Ex.M5

21.06.2011

Letter from Indian Bank, Z.O.,

Chennai North, HRM Secn. –

Chennai-8 to B.M. – Aminjikarai

(ZO-CH-(N)-40-2011/12 dated

21.06.2011)

Ex.M6

20.10.2011

Conciliation Failure Report by

ALC (C), Chennai

Ex.M7

30.03.2012 Letter from U. Lakshmipathy –

PTS – Aminjikarai Branch to

AGM – Corporation Office,

Chennai-600014

Ex.M8

17.05.2012 Letter from Zonal Office,

Chennai North, HRM Section to

Branch Manager, Aminjikarai –

Sanction of Increment.

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6733

New Delhi, the 29th September, 2014

S.O.

2703.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 58/

2013) of the Central Government Industrial Tribunal/Labour

Court, Kolkata now as shown in the Annexure in the

Industrial Dispute between the employers in relation to

the management of Life Insurance Corporation of India

and their workman, which was received by the Central

Government on 6/6/2014.

[No. L-17012/16/2013-IR (M)]

JOHAN TOPNO, Under Secy.

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

AT KOLKATA

Reference No. 58 of 2013

Parties: Employers in relation to the management of

Life Insurance Corporation of India

A N D

Their workman

Present : Justice Dipak Saha Ray, Presiding Officer

Appearance:

On behalf of the

: Mr. D. K. Pal, Ld. Counsel

Management

On behalf of the

: None

Workmen

State: West Bengal

Industry: Life Insurance

Dated: 20th May, 2014

AWARD

By Order No.L-17012/16/2013-IR(M) dated 28.10.2013

the Government of India, Ministry of Labour in exercise of

its powers under Section 10(1)(d) and (2A) of the industrial

Disputes Act, 1947 referred the following dispute to this

Tribunal for adjudication:

“Whether the action of the management of Life

Insurance Corporation of India in terminating the

services of Shri Arpan Chatterjee, working as

Development Officer on probation, is legal and

justified? What relief the workman is entitled to?”

2.

When the case is taken up for hearing today, none

appears on behalf of the workman through the

management is represented by its Ld. Counsel. It appears

from the record that the workman is absent since

03.02.2014, i.e., for three consecutive dates.

3.

The conduct of the workman goes to show that he

is not at all interested to proceed with this reference case

further. Perhaps he has got no grievance against the

management at present.

4.

In view of the above, instant reference is disposed

of by passing a “No Dispute Award”.

Dated, Kolkata,

The 20th May, 2014.

Justice DIPAK SAHA RAY, Presiding Officer

ubZ fnYyh] 30 flrEcj] 2014

dk-vk- 2704-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ,vj bf.M;k

fyfeVsM ds izcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds

chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k@Je U;k;ky; ua- 1] eqEcbZ ds iapkV (lanHkZ la[;k 31 of

2007) dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 30&09&2014

dks izkIr gqvk FkkA

¹la- ,y&11012@71@2006&vkbZvkj (lh,e&I)º

,e- osQ- ¯lg] vuqHkkx vf/dkjh

New Delhi, the 30th September, 2014

S.O.

2704.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 31/2007)

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

1, Mumbai as shown in the Annexure, in the industrial

dispute between the management of M/s. Air India Limited,

and their workmen, received by the Central Government

on 30-09-2014.

[No. L-11012/71/2006-IR (CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO. 1 MUMBAI

Present : JUSTICE S.P. MEHROTRA, Presiding Officer

REFERENCE NO. CGIT-1/31 OF 2007

Parties : Employers in relation to the management of

Air India Limited

And

Their workman (P.N.Sugunan)

Appearances :

For the first party/

: Ms.Shehwar Qureshi holding

Management

brief for M. Lancy D’Souza

For the second

: None present

party/workman

Satate : Maharashtra

Mumbai, dated the 13th day of August, 2014

AWARD

1.

The present reference has been made by the Central

Government by its order dated 14.6.2007 passed in

exercise of the powers conferred by clause (d) of sub-

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

Industrial Disputes Act, 1947. The terms of reference as

per the schedule to the said order are as under:

6734

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

“Whether the action of the Mangement of Air India

Limited, Mumbai in dismissing the services of Shri

P.N.Sugunan, Cleaner w.e.f.24.10.2000 is justified

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

workman entitled?”

2.

By the order dated 29.6.2007, notice was directed

to be issued to the parties fixing 13.8.2007.

3.

Notices were accordingly issued by Registered Post

AD to both the parties. Notice issued to the second party/

Workman was duly served and the Acknowledgement Card

was received back. On 13.8.2007, the post of Presiding

Officer of this Tribunal was vacant. Appearance was put

in on behalf of the first party/Management on the said

date. However, none appeared on behalf of the second

party / Workman nor was any Statement of Claim filed.

The case was thereupon adjourned to 11.10.2007 for filing

Statement of Claim.

4.

On 11.10.2007, the post of Presiding Officer of this

Tribunal was vacant. Representative for the first party /

Management was present. However, none was present for

the second party/Workman. No Statement of Claim on

behalf of the second party/Workman was filed on the said

date. In the circumstances, the case was fixed for 7.12.2007

for filing Statement of Claim.

5.

On 7.12.2007, again, none was present on behalf

of the second party/Workman nor was any Statement of

Claim filed. Representative for the first party/Management

was present. The case was thereupon adjourned to

16.1.2008 for filing Statement of Claim.

6.

The case was thereafter fixed on various dates in

the years 2008 and 2009. In the year 2010 also various

dates were fixed till 20.10.2010. However, on none of these

dates, anyone was present on behalf of the second party /

workman nor was Statement of Claim filed on behalf of

the second party/Workman. Ultimately on 16.12.2010,

Mrs.P.S.Shetty, Advocate put in appearance on behalf of

the second party / Workman and prayed for time for filing

Statement of Claim. The case was accordingly adjourned

to 20.1.2011 for filing Statement of Claim.

7.

Again on 20.1.2011, Mrs.P.S. Shetty, learned

counsel for the second party / Workman prayed for further

time for filing Statement of Claim. The case was

accordingly adjourned to 10.3.2011.

8.

On 10.3.2011, Mrs.P.S.Shetty, learned counsel for

the second party/Workman prayed for further time for

filing Statement of Claim. The case was accordingly

adjourned to 21.4.2011 for filing Statement of Claim.

9.

On 21.4.2011, Mrs. P. S. Shetty, learned counsel

for that second party/Workman stated that the second

party/Workman was not contacting her despite letter

having been sent to the second party/Workman.

10.

In the circumstances, this Tribunal by order dated

21.4.2011, directed for issuance of fresh notice to the

second party/Workman. The said order was reiterated by

this Tribunal on various dates namely 1.2.2012, 14.3.2012,

25.4.2012, 28.6.2012, 30.8.2012, 10.10.2012, 5.12.2012,

30.1.2013, 13.3.2013 and 17.4.2013.

11.

On 9.4.2014, the Tribunal took note of the aforesaid

earlier orders passed for issuance of notice to the second

party/Workman. As needful had not so far been done for

compliance of the said orders, the Tribunal by order dated

9.4.2014 directed for issuance of fresh notice to the second

party/Workman by Registered Post AD. It was further

directed that notice be also given dasti to the learned

counsel for the Management for service on the second

party/Workman.

12.

Notice issued by Registered post AD pursuant to

the order dated 9.4.2014 was served on the second party/

Workman, and the Acknowledgement Card was also

received back. However, despite service of notice wherein

26.6.2014 was fixed, none was present on behalf of the

second party/workman on 26.6.2014. No Statement of

Claim was filed by the second party/Workman on the said

date. Learned counsel for the first party/Management was

present on the said date.

13.

In the circumstances, by the order dated 26.6.2014,

the case was adjourned to 31.7.2014. Again, on 31.7.2014,

none was present for the second party/Workman. No

Statement of Claim on behalf of the second party/

Workman was filed on the said date. Smt.Vrunda Borjee,

holding brief for Shri Lancy D’Souza, learned counsel

for the first party/Management was present.

14.

In the circumstances, by the order dated 31.7.2014,

the case was directed to be put up on 13.8.2014 i.e. today

for filing Statement of Claim.

15.

The case is taken up today. Ms. Shehwar Qureshi,

holding brief for Shri Lancy D’Souza, learned counsel

for the first party / Management is present. However, none

is present on behalf of the second party/workman. No

Statement of Claim has been filed on behalf of the second

party/Workman.

16.

From the above narration of facts, it is evident that

despite the passage of several years, since the reference

was made in the year 2007, no Statement of Claim has so

far been filed on behalf of the second party/Workman.

Despite service of fresh notice on the second party/

Workman, none has put in appearance on his behalf.

17.

There is thus no pleading or evidence filed on behalf

of the second party/Workman in support of his claim as

contained in the present Reference. No relief can, therefore

be granted to the second party/workman.

18.

Reference is answered by stating that no relief can

be granted to the second party / workman.

19.

Award is passed accordingly.

Justice S. P. MEHROTRA, Presiding Officer

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6735

ubZ fnYyh] 30 flrEcj] 2014

dk-vk- 2705-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ,vjost

b.Vjus'kuy ifCyd fyfeVsM ds izcaèkra=k ds lac¼ fu;kstdksa vkSj

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

dsUnzh; ljdkj vkS|ksfxd vfèkdj.k@Je U;k;ky;] dksydrk ds

iapkV (lanHkZ la[;k 34 of 2013) dks izdkf'kr djrh gS tks dsUnzh;

ljdkj dks 30&09&2014 dks izkIr gqvk FkkA

¹la- ,y&11012@14@2013&vkbZvkj (lh,e&I)º

,e- osQ- ¯lg] vuqHkkx vf/dkjh

New Delhi, the 30th September, 2014

S.O.

2705.—In pursuance of Section 17 of the

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

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

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

Kolkata as shown in the Annexure, in the industrial dispute

between the management of M/s. Airways International

Public Company Limited, and their workmen, received by

the Central Government on 30-09-2014.

[No. L-11012/14/2013-IR (CM-II)]

M. K. SINGH, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

AT KOLKATA

Reference No. 34 of 2013

Parties: Employers in relation to the management of

Thai Airways International Public Company Ltd.

AND

Their workman

Present : Justice Dipak Saha Ray, Presiding Officer

Appearance:

On behalf of the

: Mr. S. Dawn, Ld. Counsel with

Management

Mr. A.K. Goopta, Ld. Counsel

On behalf of the

: None

Workmen

State: West Bengal

Industry : Civil Aviation

Dated : 19th September, 2014

AWARD

By Order No. L-11012/14/2013-IR (CM-I) dated

11-6-2013 the Government of India, Ministry of Labour in

exercise of its powers under Section 10(1)(d) and (2A) of

the Industrial Disputes Act, 1947 referred the following

dispute to this Tribunal for adjudication :

“Whether the action of the management of M/s.

Thai Airways International Public Company Ltd. is

justified in terminating the services of Sri Kartik

Ghosh, Cleaner is legal and justified? To what relief

is the concerned workman entitled?”

2.

When the case is taken up for hearing on 21.07.2014,

none appeared on behalf of the union or workman inspite

of service of notice, though the management is represented

by its Ld. Counsel. It appears from the record that union/

workman never appeared in this reference, nor any step

has yet been taken on its behalf to proceed with the matter.

3.

Considering the above facts and circumstances, it

appears that neither the workman nor the union is at all

interested to proceed with the case further. So, no fruitful

purpose will be served in keeping the matter pending.

4.

Accordingly, the instant reference case is disposed

of by passing a “No Dispute Award”.

Justice DIPAK SAHA RAY, Presiding Officer

Dated, Kolkata,

The 19th May, 2014.

ubZ fnYyh] 7 vDrwcj] 2014

dk-vk- 2706-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ,uVhihlh ,oa

vkFklZ ds izcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp

vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k ,oa Je U;k;ky;&1, paMhx<+ ds iapkV (lanHkZ la[;k

88@2014) dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 26@09@2014

dks izkIr gqvk FkkA

¹la- ,y&42012@17@2013&vkbZvkj (Mh;w)º

ih- osQ- os.kqxksiky] vuqHkkx vf/dkjh

New Delhi, the 7th October, 2014

S.O.

2706.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D. No. 88/2014)

of the Central Government Industrial Tribunal- cum-Labour

Court No. 1, Chandigarh now as shown in the Annexure in

the Industrial Dispute between the employers in relation

to the management of NTPC & Others and their workman,

which was received by the Central Government on 26/09/

2014.

[No. L-42012/17/2013-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE SHRI SURENDRA PRAKASH SINGH,

PRESIDING OFFICER, CENTRAL GOVT.

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-1,

CHANDIGARH

Case No. ID No. 88 of 2014.

Reference No. L-42012/17/2014/IR(DU)

Dated 01/05/2014

Shri Rajinder Prashad

son of Shri Sawalia,

C/O Shri Inder Kumar Rawat,

Pradhan/AR, House No. 367,

Sector-18, Faridabad-121002.

.....Workman

6736

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

Versus

1.

The Manager,

M/s. NTPC, Mujeri,

PO- Nimka, Tigoan Road,

Faridabad.

2.

The Proprietor,

M/s. Dushyant Security Agency,

Shop No. 03, Rao Hira Lal Complex,

Opp. Syndicate Bank, Kadipur,

Pataudi Raod, Gurgoan-122001.

....Respondents

Appearances

For the Workman

: None.

For the Management : Sh. Ajay Chandra and

Shri K.C. Pant for Respdt. No. 1

None for Respondent No. 2

AWARD PASSED ON:-23.09.2014

Government of India Ministry of Labour vide

notification No. L-42012/17/2013/IR(DU) dated

01/05/.2014 has referred the following dispute to this

Tribunal for adjudication:

Term of Reference:

“Whether the action of the management of NTPC

Ltd. & their contractors M/s. Dushyant Security

Agency in terminating the services of the workman

Shri Rajender Prashad w.e.f. 1.4.2013 is just fair

and legal? If not, to what relief the workman

concerned is entitled to?”

2.

Case repeatedly called. None appeared for the

workman nor any claim statement has been filed. As per

record already two opportunities have been allowed to

file claim statement. None appeared on behalf of the

workman despite notice. It appears that the workman is

not interested to pursue the present reference. In view of

the above the present reference is disposed of for want of

prosecution.

3.

Reference is disposed off accordingly. Central Govt.

be informed.

Chandigarh.

23.09.2014

S. P. SINGH, Presiding Officer

ubZ fnYyh] 7 vDrwcj] 2014

dk-vk- 2707-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj lhfu;j

lqifjUVsUMsUV vkWiQ jsyos esy vkj,e,l enqjS fMoh”ku ds izcaèkra=k

ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp vuqcaèk esa fu£n"V

vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je

U;k;ky; psUubZ ds iapkV (lanHkZ la[;k 11@2014) dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 26@09@2014 dks izkIr gqvk FkkA

¹la- ,y&40012@127@2013&vkbZvkj (Mh;w)º

ih- osQ- os.kqxksiky] vuqHkkx vf/dkjh

New Delhi, the 7th October, 2014

S.O.

2707.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D. No. 11/2014)

of the Central Government Industrial Tribunal- cum-Labour

Court, Chennai now as shown in the Annexure in the

Industrial Dispute between the employers in relation to

the management of the Senior Superintendent of Railway

Mail, RMS, Madurai Division and their workman, which

was received by the Central Government on 26/09/2014.

[No. L-40012/127/2013-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Monday, the 22nd September, 2014

Present : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 11/2014

(In the matter of the dispute for adjudication under clause

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

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

the Management of Senior Supdt. of Railway Mail Service

and their workman)

BETWEEN

Sri K. Surendra Udaiyar

: 1st Party/Petitioner

AND

The Senior Superintendent

of Railway Mail

: 2nd Party/Respondent

RMS, Madurai Division

Madurai-625001

Appearance :

For the 1st Party/

: M/s. Sri R. Malaichamy,

Petitioner

Advocates

For the 2nd Party/

: M/s. Sri M. Liagat Ali (ASGC)

Respondent

AWARD

The Central Government, Ministry of Labour &

Employment vide its Order No. L-40012/127/2013-IR(DU)

dated 17.02.2014 referred the following Industrial Dispute

to this Tribunal for adjudication.

The schedule mentioned in that order is :

“Whether the action taken by the Management of

RMS, Sub-Record Office, Tirunelveli in terminating

the services of Sri Surendra Udaiyar, GDS MM w.e.f.

15.05.2012 is justified? If not, what relief is the

workman entitled to?”

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6737

2.

On receipt of the Industrial Dispute this Tribunal

has numbered it as ID 11/2014 and issued notices to both

sides. Both sides have entered appearance through their

counsel and have filed their claim and counter statement

respectively.

3.

The averments in the Claim Statement filed by the

petitioner in brief are these:

One Kannan who was working as Gramin Dak

Sevak Mailman (GDS MM) in the Second Respondent’s

office was ordered to officiate as Group ‘D’’ from

02.02.2001. The petitioner was ordered to carry out the

duties of GDS Mailman w.e.f. 03.02.2001. The petitioner

worked as GDS Mailman continuously for more than 10

years. Kannan was given promotion w.e.f. 17.06.2011.

The petitioner was permitted to continue as GDS

Mailman till 14.05.2012. He worked against a clear

vacant post from 17.06.2011 to 14.05.2012 and completed

more than 240 days of work in the capacity of GDS

Mailman. The Second Respondent denied work to the

petitioner from 15.05.2012. The efforts of the petitioner

to get reinstated in service has failed. The action of the

Second Respondent in refusing employment to the

petitioner is illegal and unjustified. The Second

Respondent has removed the petitioner from service in

violation of section-25F of the Industrial Disputes Act.

An award may be passed directing the Respondents to

reinstate the petitioner with continuity of service, back

wages and other attendant benefits.

4.

The Respondents have filed Counter Statement

contending as follows:

The dispute is not maintainable as there has been

no privity of contract between the petitioner and the

Respondents. The petitioner has stepped into the shoes

of one Kannan and has raised the dispute. He is not an

employee of the Respondents. Kannan, without any

authority substituted the petitioner on his own

responsibility. No order has been made to nominate

anyone in the place of Kannan. The Directorate of the

Respondents has declared GDS Mailman as Wasting

Group by order dated 21.07.2010. The nomination of the

petitioner as substitute for Kannan was only based on an

understanding between Kannan and the petitioner. The

petitioner was never permitted to work as GDS Mailman

by the Respondents. The averment that the petitioner had

completed 240 days of work has no application to the

case. The petitioner never worked in any clear vacancy

post under the Respondents, but only as a substitute of

Kannan. The engagement of petitioner by Kannan as

substitute does not give him any right under Section-25F

of the Industrial Disputes Act. The petitioner is not

entitled to any relief.

5.

The evidence in the case consists of the oral

evidence of the petitioner examined as WW1. No

documents were marked on either side.

6.

The points for consideration are:

(i)

Whether the termination of the petitioner if any from

the service of the Respondents is justified?

(ii)

To what relief, if any, is the petitioner entitled?

The Points

7.

The petitioner has claimed that he had worked under

the Second Respondent as GDS Mailman for almost 11

years. According to him, one Kannan who was working as

GDS Mailman under the Second Respondent was ordered

to officiate in a Group ‘D post from 02.02.2001 and

consequently, the petitioner was asked to carry out the

duties of GDS Mailman in the Second Respondent’s office

from the next day. He has claimed that he was working in

this capacity for more than 10 years. Kannan is said to

have been promoted on permanent basis w.e.f. 17.06.2011,

consequent to which the petitioner was permitted to

continue to work against the vacancy created by the

promotion of Kannan. According to the petitioner he has

thus worked from 17.06.2011 to 14.05.2012 and completed

more than 240 days of work as GDS Mailman. The petitioner

has tendered evidence as WW1 reiterating his case in the

petition. According to the petitioner though he was

aspiring to be regularized in service by the Second

Respondent, he was denied work from 15.05.2012.

8.

In the Counter Statement filed by the Respondents

the Respondents have no case that the petitioner never

worked as GDS Mailman. The case that is advanced is

that the Second Respondent itself had never engaged the

petitioner but Kannan seems to have taken the petitioner

as his substitute on his own responsibility. It has been

asserted by the Respondents in the Counter Statement

that the petitioner was never permitted to work in the

capacity of GDS Mailman by them and therefore his claim

that he has completed 240 days of work is without any

substance.

9.

The petitioner has not produced even a piece of

paper to show that he has worked with the Respondents.

His claim is that he had worked in the place of

Kannan for long 10 years until he was promoted on

03.02.2001 and thereafter also against the vacant post

till 14.05.2012. In spite of the claim of a long period of

service there are absolutely no documents to support this

contention.

10.

The counsel for the petitioner has argued that it is

a case where the Respondents have admitted that the

petitioner has been working under them and therefore

non-production of documents by the petitioner is not of

any disadvantage to the petitioner., The counsel has also

referred to the decision of the Madras High Court in

UDAY KUMAR VS. TELECOM GENERAL

MANAGER AND OTHERS reported in 2011 (2) CWC

6738

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

870 where it was held that the Court cannot compel a

litigant to produce a document which is not existing. It

was a case where the Writ Petitioner has worked with

BSNL as Waterboy without any appointment or

termination. In the absence of any such appointment or

termination there was no question of compelling the

concerned worker to produce the documents, it has been

held by the High Court. However, in the above case there

were indisputable internal correspondence to prove the

case on which basis order was made.

11.

So far as the present case is concerned except the

version given by the petitioner during his examination,

there is no other evidence to show from which period to

which period he has been working with the Respondents.

The claim on behalf of the petitioner that there is total

admission on the part of the Respondents regarding the

engagement of the petitioner is not correct. What is stated

by the Respondents is that without any authority by them

Kannan might have engaged the petitioner as an outsider.

According to the Respondents, they never permitted

the petitioner to work as GDS Mailman. If the petitioner

was working under the Second Respondent, even based

on unauthorized engagement by Kannan as a

substitute, the petitioner must have been receiving wages

from the Second Respondent in which case some wage

slips at least must have been there. It is for the petitioner

to prove that he had worked for more than 240 days on a

vacancy as claimed by him under the Respondents. In

the absence of such proof his claim for reinstatement

could not be considered. Even his claim that there is

violation of Section-25F of the ID Act also is to be rejected.

I find that the petitioner is not entitled to any relief.

12.

The reference is answered against the petitioner.

An award is passed accordingly.

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/

: WW1, Sri K. Surendra Udaiyar

Petitioner

For the 2nd Party/

: None

Management

Documents Marked :

On the petitioner’s side

Ex.No.

Date

Description

Nil

On the Management’s side

Ex.No.

Date

Description

Nil

ubZ fnYyh] 9 vDrwcj] 2014

dk-vk- 2708-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj vkbZ Mh ch

vkbZ cSad ds izcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds

chp vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k@Je U;k;ky;] dksydkrk ds iapkV (lanHkZ la[;k 5@2010)

dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 09&10&2014 dks

izkIr gqvk FkkA

¹la- ,y&12011@35@2009&vkbZvkj (ch&II)º

jfo oqQekj] vuqHkkx vf/dkjh

New Delhi, the 9th October, 2014

S.O.

2708.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 5/2010) of

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

Kolkata as shown in the Annexure, in the industrial dispute

between the management of IDBI Bank and

their workmen, received by the Central Government on

09/10/2014.

[No. L-12011/35/2009-IR (B-II)]

RAVI KUMAR, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL AT KOLKATA

Reference No. 05 of 2010

Parties : Employers in relation to the management of

IDBI Bank Limited

AND

Their workmen

Present : Justice Dipak Saha Ray, Presiding Officer

Appearance :

On behalf of the Management

: None.

On behalf of the Workmen

: None.

State : West Bengal.

Industry : Banking.

Dated: 15th September, 2014.

AWARD

By Order No.L-12011/35/2009-IR(B-II) dated

01.06.2009 the Government of India, Ministry of Labour

in exercise of its powers under Section 10(1)(d) and (2A)

of the industrial Disputes Act, 1947 referred the following

dispute to this Tribunal for adjudication:

“Whether the impugned transfer order dated 30th

January, 2009 transferring Shri Jagannath Raymandal

and nine others from Kolkata Branch office to

various branches, is justified and legal? Whether

the action of the management in relieving the

workmen concerned from their duties on 2nd Feb’

09 and strucking their names from the muster of old

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6739

branch from 3rd February’ 2009, is to be treated as

alteration in condition of service to the prejudice to

the workmen during pendency of conciliation? What

relief the workman are entitled for?”

2.

When the case is called out today, none appears on

behalf of either of the parties. It appears from the record

that the union is absent for the last two consecutive dates.

3.

Considering the above facts and circumstances, it

appears that the union is not at all interested to proceed

with the case further. So, it appears that no fruitful purpose

will be served in keeping the matter pending.

4.

Accordingly, the instant reference case is disposed

of by passing a “No Dispute Award”.

Dated, Kolkata,

The 15th September, 2014.

Justice DIPAK SAHA RAY, Presiding Officer

ubZ fnYyh] 9 vDrwcj] 2014

dk-vk- 2709-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj cSad vkWiQ

egkjk"Vªk ds izcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds

chp vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k@Je U;k;ky;] tcyiqj ds iapkV (lanHkZ la[;k 2@09)

dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 09&10&2014 dks

izkIr gqvk FkkA

¹la- ,y&12012@124@2007&vkbZvkj (ch&II)º

jfo oqQekj] vuqHkkx vf/dkjh

New Delhi, the 9th October, 2014

S.O.

2709.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 2/09)

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

Jabalpur as shown in the Annexure, in the industrial dispute

between the management of Bank of Maharashtra and

their workmen, received by the Central Government on

09/10/2014.

[No. L-12012/124/2007-IR (B-II)]

RAVI KUMAR, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/2/09

PRESIDING OFFICER : SHRI R.B.PATLE

General Secretary,

Dainik Vetan Bhogi Bank Karmchari Sangathan,

F-1, Tripti Vihar, Karma Bhoomi,

Opp Engineering College,

Ujjain, MP.

.....Workman/Union

Versus

Asstt. General Manager,

Bank of Maharashtra,

1/114, Regional office,

Arera Hills, Jail Road,

Bhopal, MP.

.....Management

AWARD

Passed on this 30th day of July 2014

1.

As per letter dated 7-1-2009 by the Government of

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

received. The reference is made to this Tribunal under

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

12012/124/2007-IR(B-II). The dispute under reference

relates to:

“Whether the claim of Shri Nand Kishore Namdeo,

workman that he was in the service of Bank of

Maharashtra from 27-9-01 to 15-3-2005 and his

termination from the services by the management

of Bank of Maharashtra w.e.f. 15-3-2005 after

completing 240 days of continuous service is legal

and justified. What relief the concerned workman

is entitled to?”

2.

After receiving reference, notices were issued to

the parties. Ist party workman submitted statement of

claim through Secretary, Dainik Vetan Bhogi Bank

Employees Union at Page 1 to 5. Case of Ist party is that

he was engaged on daily wages by Branch Manager Vijay

Kumar on 27-4-01. The wages were increased from

Rs. 30 to 50, 55, 65. He was paid wages for national

holidays, weekly holidays. He completed 240 days

continuous service. His services were terminated from

15-3-2005 without notice. The termination of his service

is in violation of Section 25-F of I.D.Act. Principles of

last come first go was not followed. He was not provided

employment. Other persons were engaged as such IInd

party violated Section 25-F of I.D.Act. on such ground,

workman prays for his reinstatement with consequential

benefits.

3.

IInd party filed Written Statement. Case of IInd

party is that workman was engaged as casual labour on

temporary basis. After receiving list of selected

candidates, the workman worked for 40 days during

March to December 2001, 54 days from Jan to Dec-02,

45 days in 2003, 58 days in 2004. Workman has not

completed 240 days continuous service. He is not entitled

to notice under Section 25-F of I.D.Act. on such ground,

IInd party prays for rejection of claim.

4.

Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:-

(i)

Whether the claim of Shri Nand

In Negative

Kishore Namdeo, workman that

he was in the service of Bank of

6740

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

Maharashtra from 27-9-01 to

15-3-2005 and his termination

from the services by the manage-

ment of Bank of Maharashtra

w.e.f. 15-3-2005 after completing

240 days of continuous service is

legal and justified

(ii) If not, what relief the workman is

Workman is

entitled to?”

not entitled

to any relief.

REASONS

5.

Though workman is challenging termination of his

service under Section 25-F, H of I.D.Act, his claim is denied

by management. Workman failed to participate in reference

proceeding. Application is submitted by workman that he

is in employment of Bank. He is desiring to prosecute

present reference therefore I record my finding in Point

No.1 in Affirmative.

6.

In the result, award is passed as under:-

(1)

The claim of Shri Nand Kishore Namdeo, workman

that he was in the service of Bank of Maharashtra

from 27-9-01 to 15-3-2005 and his termination from

the services by the management of Bank of

Maharashtra w.e.f. 15-3-2005 after completing 240

days of continuous service is not legal and proper.

(2)

Workman is not entitled to any relief as prayed by

him.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 9 vDrwcj] 2014

dk-vk- 2710-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj eqacbZ iksVZ VªLV

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

vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k@Je U;k;ky;] eaqEcbZ ds iapkV (ds-l-vkS-v- 48@2007)

dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 09&10&2014 dks

izkIr gqvk FkkA

¹la- ,y&31011@14@2007&vkbZvkj (ch&II)º

jfo oqQekj] vuqHkkx vf/dkjh

New Delhi, the 9th October, 2014

S.O.

2710.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 48/2007)

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

2, Mumbai as shown in the Annexure, in the industrial

dispute between the management of Mumbai Port Trust

and their workmen, received by the Central Government

on 09/10/2014.

[No. L-31011/14/2007-IR (B-II)]

RAVI KUMAR, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO. 2, MUMBAI

PRESENT : K. B. KATAKE, Presiding Officer

REFERENCE NO. CGIT-2/48 of 2007

EMPLOYERS IN RELATION TO THE MANAGEMENT

OF MUMBAI PORT TRUST

The Chairman

Mumbai Port Trust

Pot House, Ballard Estate

Mumbai-400 038.

AND

THEIR WORKMEN

Shri L. P. Churnarkar

C/o. Ms. Sunita Kamatkar

House No. D-17, Maji Sainik Colony

At Padegaon Aurangabad

Tal. Distt. Aurangabad

M.S.-431 001.

APPEARANCES:

For the Employer : Mr. Umesh Nabar, Advocate

For the Union

: Shri Mahadevan S. Iyer, Advocate

Mumbai, dated the 26th August, 2014

AWARD PART-II

The Government of India, Ministry of Labour &

Employment by its Order No.L-31011 / 14 / 2007-IR

(B-II), dated 04.10.2007 in exercise of the powers

conferred by clause (d) of sub-section (1) and sub-section

2 (A) of Section 10 of the Industrial Disputes Act, 1947

have referred the following industrial dispute to this

Tribunal for adjudication:

“Whether the action of the management of Mumbai

Port Trust in terminating the services of Shri L.P.

Churnarkar w.e.f. 11/1/1999 is justified? If not,

what relief Shri L.P. Churnarkar is entitled to?”

2.

The Second party workman is the employee of the

first party. He was in a habit of remaining absent. On

earlier occasions he was held guilty for absenteeism and

some minor punishments were imposed on him. Inspite

of that the workman did not improve his habit of

absenteeism and he was absent for 555 days on 11

occasions during the period 20/5/1994 to 17/06/1998.

Therefore he was charge-sheeted for the said misconduct

and Inquiry Officer was appointed to conduct the inquiry

against the workman. The workman appeared before the

I.O. on the first date. However thereafter he remained

absent. The I.O. thus proceeded with the inquiry. He

held the workman guilty and submitted his report to the

Disciplinary authority. On the basis of his report, the

disciplinary authority terminated the services of the

workman. The workman raised industrial dispute before

ALC ©. ALC tried to settle the matter. However

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6741

conciliation failed. Therefore on the report of ALC ©, the

Central Labour Ministry sent the reference to this Tribunal.

In Part-I Award this Tribunal held that the inquiry was fair

and proper and the findings of the I.O. are not perverse

and parties were given liberty to argue on the point of

quantum of punishment.

3.

Now in this part-II award following are the remaining

issues for my determination. I record my findings thereon

for the reasons to follow:

Sr.

Issues

Findings

3

Whether the action of terminating

Yes.

the services of the workman is

shockingly disproportionate to the

proved misconduct?

4

If yes, what relief the workman is

As per order

entitled to?

below.

5

What order?

As per order

below.

REASONS

Issues nos. 1 & 2:-

4.

In the case at hand it was submitted on behalf of the

workman that there was nobody in his family to look after

his ill taken mother who was also physically handicapped.

She was staying at his native place at Chandrapur and he

was required to look after his ill taken and physically

handicapped mother. Therefore on many occasions he

could not attend his duties. In short according to him he

was required to perform pious obligation to attend his ill

taken mother as there was nobody in his family to attend

his mother. According to him his mother expired just few

days prior to the date of termination of his services. In

this respect I would like to point out that absenteeism or

remaining absent from duty though amount to

misconduct, it is not so grievous as like committing theft

or insubordination by assaulting the superior officer or

like that of misappropriation of funds or property. At the

same time I would also like to point out that had it been

first incident, the workman could have been relieved by

giving mere warning. In the case at hand the workman

was found absent from duty repeatedly. Inspite of

awarding some minor penalty, the workman did not show

any improvement. Therefore the disciplinary authority

imposed the extreme penalty of terminating his services.

5.

In this respect the fact is not disputed that the

workman was not before the Inquiry Officer or before the

disciplinary authority to explain the reason of his

absenteeism. Therefore as they found repeated act of

absenteeism, they awarded extreme penalty of termination

of services of the workman. In this respect I would like to

point out that though the reason put forth on behalf of the

workman is not sufficient to absolve him from the charges

of absenteeism, however this reason can very well be

considered while awarding the punishment. Had it been

found that the workman was required at his native place

to take care of his ill taken physically handicapped mother,

the disciplinary authority would not have imposed the

extreme punishment. In the circumstances as the workman

was in genuine difficulty, being the only son he remained

absent from duty in order to perform his pious obligation

to provide treatment to his ill taken mother. These

circumstances lead me to the conclusion that the

punishment of termination of services of the workman is

shockingly disproportionate to the proved misconduct of

absenteeism. In this respect after considering the overall

facts I am of the opinion that instead of dismissal from

service, compulsory retirement with all pensionary benefits

would have served the purpose. Therefore to meet the

end of justice, I hold that in this particular circumstance

the punishment of dismissal from service is found to be

shockingly disproportionate to the proved misconduct.

Instead of that I think it proper to substitute the

punishment of compulsory retirement with all pensionary

benefits to the workman. Accordingly I partly allow the

reference and proceed to pass the following order.

ORDER

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

(ii) The punishment of dismissal from service/ termination

of services is hereby set aside. Instead of that the

workman is compulsorily retired with all pensionary

benefits.

Date: 26/08/2014

K. B. KATAKE, Presiding Officer

ubZ fnYyh] 9 vDrwcj] 2014

dk-vk- 2711-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj iatkc us'kuy

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

vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k@Je U;k;ky;] /uckn&2 ds iapkV (lanHkZ la[;k

10@2007) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks

09&10&2014 dks izkIr gqvk FkkA

¹la- ,y&12011@7@2006&vkbZvkj (ch&II)º

jfo oqQekj] vuqHkkx vf/dkjh

New Delhi, the 9th October, 2014

S.O.

2711.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 10/2007)

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

No. 2, Dhanbad as shown in the Annexure, in the industrial

dispute between the management of Punjab National Bank

and their workmen, received by the Central Government

on 09/10/2014.

[No. L-12011/7/2006-IR (B-II)]

RAVI KUMAR, Section Officer

6742

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO. 2), AT DHANBAD

PRESENT : SHRI KISHORI RAM, Presiding Officer

In the matter of an Industrial Dispute under

Section 10(1)(d) of the I.D. Act,1947

REFERENCE NO. 10 OF 2007

PARTIES : The General Secretary,

PNB Employees Union,

Exhibition Road,

Patna Camp: LDM Office, Patna.

Vs.

The Zonal Manager

Punjab National Bank,

Zonal Office, Chanaky Place, R Block,

Patna.

Ministry’s Order No. L-12011/7/2006-IR(B-II)

Dt. 06.02.2007

APPEARANCES :

On behalf of the

: Mr. D. Mukherjee, Ld. Advocate

workman/Union

On behalf of the

: Mr. O.P. Verma, Ld. Advocate

Management

State : Bihar

Industry : Banking

Dated, Dhanbad, the 25th August, 2014.

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on then under Sec.10(1)(d)

of the I.D. Act.,1947 has referred the following dispute to

this Tribunal for adjudication vide their Order No. L-12011/

7/2006-IR (B-II) dt.06.02.2007.

SCHEDULE

(i) “Whether the action of the Management of Punjab

National Bank, the Zonal Manager, Patna in depriving

Hri Naresh Prasad part time 1/3rd scale of wage from

the promotion to higher scale of wages of part time

sweeper is legal and justified? If not what relief the

workman is entitled to? (ii) Whether the action of

the Management of Punjab National Bank Zonal

Manager, Patna denying the inclusion of the name

of Shri Naresh Prasad in the seniority list of full time

sweeper/part time sweeper is justified? If not what

relief the workman is entitled to?”

On receipt of the Order. No. L-12011/7/2006-

IR(B-II) dt.06.02.2007 of the above mentioned reference

from the Government of India, Ministry of Labour and

Employment, New Delhi for adjudication of the dispute,

the Reference Case No. 10 of 2007 was registered on 20th

February, 2007 and accordingly an order to that effect was

passed to issue notices through the Registered Posts to

the parties concerned, directing them to appear in the Court

on the date fixed, and to file their written statements along

with the relevant documents. In pursuance of the said

order, notices by the Registered Posts were sent to the

parties concerned.

Both the parties made their appearances and filed

their pleadings and photocopies of their documents. The

Union and the O.P./Management through their own

Learned Counsels appeared in, and contested the case.

2.

The case of workman Naresh Prasad as sponsored

by the PNB Employees’ Union Patna, Bihar, is that he

had been workings as a part time gardener sincerely due

to which he was confirmed as a permanent workman in

1/3 Part time sweeper. Though he had the designation of

Gardener, he had been actually performing the job of

sweeper and a peon. As per the Bipartite settlement, only

the permanent employee performing the job of permanent

nature can be promoted in the scale of 1/3 wages. He was

accordingly promoted and confirmed for 1/3 scale of

wages as the Office Order dt. 20.4.1984 as also confirmed

as per the Zonal Office letter dt. 30.11.1984 whereby his

wage was enhanced to 1/3 scale of wages of a regular

employee w.e.f. 1.4.1984. Accordingly the working hour

of the workman was refixed as per the Bank Rule. The

personnel Division Circular No.772 /84 dt.17.5.1984 and

the Bi-partite Settlement dt. 27.3.2000 are supportive to

the case of the workman who has been working,

practically discharging the job of the peon. The seniority

list as per the Circular dt. 22.7.2003 was prepared for

absorption as peon, But the action of the Management in

denying the inclusion of the workman in the Seniority

List of full time sweeper/part time sweeper, thus depriving

him in part time 1/3 scale of wage of the promotion to

higher scale of wages is neither legal nor justified, as it

was vindictive and anti labour practice. The workman as

well as the Union several times represented for it, but no

effect.Finally, the Industrial Dispute raised ended in

failure due to adamanent attitude of the Management

resulted in the reference for an adjudication.

The workman himself in his rejoinder denying the

allegations of the O.P./Management, alleging his

promotion to the scale of one third wages as per the Bi-

partite Settlement and after completion of six months

satisfactory work, his confirmation as per Order dt.

20.4.1984.So he claims for entitlement to one third wage

scale and inclusion of his name in the seniority list for

full time sweeper/part time sweeper.

3.

Contrary to it, the contra case of the O.P./

Management is that the dispute not validly sponsored as

required under the I.D. Act 1947 is not the Industrial

Dispute. The service conditions of the staff of the Bank

are governed by the Sastry Award, Desai Award and the

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6743

Bipartite Settlement dt.19.10.1966 as amended time to time.

Workman Naresah Prasad was appointed as Part Time Mali

(Gardener) in 1/3 scale wages at the Zonal Training

Centre,Patna,to look after the flower plants grown in the

open land and pots there, for which the wages was paid

to him as per the Bipartite Settlement. The fixation of wages

of part time employees (Sweepers) in the subordinate cadre

is regulated by the Settlement dt. 07.05.1984 between the

Bank and All India PNB Employees Federaton,the Majority

Union in the bank which was circulated as per the Division

Circular No.722 dt.17.5.1984. According to the settlment,

the vacancies of part time sweeper in 1/2, 3/4 or 4 full

wages arising at the Station where the Bank has more than

one office shall be filled up on the basis of seniority by

conversion of services at 1/3, 1/2 or 3/4 of scale wages

into full time services. The procedure of the filling up

vacancies is to be followed unless “Thikana” system is in

vogue at that particular area. The fixation of wages payable

to part time employees (Sweeper) in subordinate cadre as

per clause I of the Settlement is effected as such Rs.60

p.m. (revisable time to time by a Bipartite Settlement entered

at Industry level), 1/3, 1/2, 3/4 and full scale wages for

their specified Area cleaned to the hours of work per week,

less than 6, 6-13, 13-19, 19-21 hours and full time

respectively. For eligibility of higher scale wages, the part

time sweeper has to sweep more area for increased hours

which is not the case of the workman. The settlement under

the reference does not provide for any criteria for fixation

of the Gardener’s wages to which he belongs to.Thus, the

workman is not entitled to any relief either in fact or in law.

The O.P./Management has categorically denied all

the allegations of the Union concerned for the workman,

and stated that the appointment of Sri Naresh Pd. as a

Part Time “Mali” (Gardener) at Zonal Training Centre,

Patna, on 01.04.1984 with the consent of H.O. in a special

circumstances. The workman never performed the duties

of a sweeper, rather Shri Gautam Bhattacharya and

Shri Sikander Rai had worked as the sweeper-peon and a

part time sweeper respectively at the relevant time. The

appointment of a part time employee on 1/3 scale of wages

does not constitute promotion. The wages of the workman

was enhanced to 1/3 scale wages w.e.f. 01.04.1984. He was

neither promoted nor confirmed in the 1/3rd scale, rather

his confirmation in that scale was on 01.10.1984 after

completion of 6 months. The action of the Management is

neither against the principle of natural justice and the

settled law of Land nor vindictive nor discriminatory.

FINDING WITH REASONS

4.

In this reference,WWI Naresh Prasad, the workman

himself on behalf of the Union, and MWI Santosh Kumar,

the Senior Faculty for the O.P./Management on their own

affidavited chiefs have been examined respectively.

On perusal of the materials on the case record, it

appears to be incontroversial that the status of workman

is as a part time gardener who has got the enhancement of

1/3 rd wages of a regular employee w.e.f. 1.4.1984 as

communicated by the letter dt.20.4.84 of the Training

Manager (Ext.W.1 = Ext.M.1/1) to him. The workman

was also communicated by the Training Manager as per

his letter dt. 2.1.1985 (Ext.M 1/2) on the PNB letter pad

as earlier that his service be deemed as permanent on 1/3

salary in the Bank, for which the Training Manager’s

letters dt. 29.2.84 and 27.12.1985 (Extt. M.3 & 1/3

respectively) seem to be his recommendation letters to

the Zonal Manager and the Manager Personnel concerned

for keeping the workman as a part time gardener on 1/3

basics in sanctioned vacancy in place of Sri Biswanath

Sah Mali as noted in pen by the Training Manager

himself. It is evident that the workman possesses neither

appointment letter nor any confirmation letter as a proof

of it or even for the post of the part time gardener nor

any document to show his working as sweeper at any

time.

5.

Mr. D.Mukherjee, the Learned Counsel for the

workman has to argue as per his note of argument that

the workman in his evidence corroborated the pleading

and the workman (WWI) in his cross examination has

stated not to have worked as a Gardener, as there was no

Gardener, Mr. Sikandar Raj who also worked as a sweeper

in the Garden of P & T Training Centre from 1984, as

well as in the Punjab National Bank premises, has been

made a clerk four/five years ago. Further plea of Mr.

Mukherjee for the workman is that the Management

witness (MWI) in his cross examinations has practically

admitted that in fact the workman was working as peon

and sweeper. which is evident from the copies of the Dak

Delivery Register and conveyance Allowance voucher

etc., filed by the workman and confronted to the

Management witness Santosh Kumar (MWI) who had

established so, though the designation of the workman

as Gardener.There is no such clear admission of the MWI.

Mr. Mukherjee referring to the verdict of Hon’ble Apex

Court in the case of F.C.I. Workers Union Vs. F.C.I. & Ors,

reported in 1996 (2)L.L.N.871(SC) as a guide for

appreciation of evidence and the documents on the instant

case record has submitted as held there in that The

approach made by the Tribunal even in the matter of

marshalling or considering the materials placed before

it would be wrong for the following reasons. The Tribunal

was apparently of the view that there should be evidence

to prove the facts as per the provisions of Evidence Act.

It is not so, the Tribunal is not a Court. There should be

only “materials” and not evidence as required by the

Evidence Act. In fact, the Tribunal is not a Court, but a

quasi judicial forum. The Labour Court/Tribunal is

invested u/s 11 of the I.D.Act, 1947 read with its Rule 24

with the same powers as vested in a Civil court under the

6744

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

Civil Procedure, 1908, while trying a suit/case, in respect

of the matters: the attendance of a person and his

examination, and production of documents and material

object .As per Rule 10B (6) of the I.D.Act mandatorily to

make a Memorandum of the substance of what is being

deposed.

The term ‘Evidence’ means and includes oral and

documentary facts as materials as to be likely to influence

the determination of a cause as represented in the form

of pleadings. The evidence in generic is applicable to the

Industrial Dispute. It is settled law that it requires

preponderances for an adjudication.Mr. Mukherjee by the

materials in the instant means only filing of the

documents on the case record without any statement of

the workman at the point. Whereas he pleads for the

evidence of the workmen as corroborative to his pleading.

Consideration of the pleading and materials by this

Tribunal in general manner as a prudent man is not a

matter of marshalling. So such plea of Mr.Mukherjee

appears to be far wide off the upright view of the Hon’ble

Apex Court.

In this reference, the cross evidence of the workman

(WWI) that he was appointed as a Sweeper part time but

not as a Gardener is directly reverse to his pleading “had

been working as a part time gardener…actually

performing the job of sweeper and a peon” When

confronted with the letter of Sri S.Samanta,Training

Manager of the PNB dt.20.4.84 (Ext.W,.1),the workman

has affirmed it about the enhancement of his wages as

gardener to 1/3 of wages of a regular employee w.e.f.

1.4.1984 as well as of refixing of his working hours as per

Bank’s rule

Further emphatic plea of Mr.Mukherjee, Learned

Counsel for the workman is that the Dak Delivery

Register (of the PNB Circle Training Centre, Patna-

unauthenticated photocopies in nine sheets for two and

seven days only in the year 1998 and 1999 respectively)

on confrontation to Shri Santosh Kumar (MWI) bears

the name of workman Naresh Pd. against the name of

Peon, though the Management witness wondered how

his name came into the register, as it is not the duty of

the Gardener to deposit challan. The Management witness

has flatly denied the working of the workman as a peon,

expressing his ignorance of any payment of conveyance

allowance to him for deposit of Tax Challan.The witness

of Management has positively affirmed his chief in Para

7 of his affidavit that ‘There is not any Cadre Scheme

and criteria for fixation of higher wages for the part-

time gardener (Mali)’ nor the Shastri Award provides for

promotion of the workman in higher scale of part time

sweeper, as the nature of job of a part time sweeper and a

part-time Gardener is quite different, because the former’s

work is governed by working hours and the area of

cleaning.

6.

On perusal and consideration of the materials on

the case record, I find that the workman was only part

time Gardener in 1/3 wage scale and there is no provision

under the Bank rule for his promotion to higher Scale of

a Part time sweeper’s wage. Hence, it is, in the terms of

the reference, responded and accordingly awarded as

such:

(i)

No question arises as to the action of the

management of PNB, Zonal Manager,Patna,in

depriving Sri Naresh Prasad Part time 1/3rd scale

of wage from the promotion to higher scale of wages

of Part Time Sweeper as legal or illegal or justified

or unjustified. The workman is not entitled to any

relief.

(ii) The action of the Management of PNB Zonal

Manager, Patna, denying the inclusion of the name

of Sri Naresh Prasad in the Seniority List of full

time Sweeper/Part Time Sweepers is justified. So,

the workman is not entitled to any relief.

KISHORI RAM, Presiding Officer

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New Delhi, the 9th October, 2014

S.O.

2712.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 40/2013)

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

Chennai as shown in the Annexure, in the industrial

dispute between the management of Indian Bank and

their workmen, received by the Central Government on

09/10/2014.

[No. L-12012/90/2012-IR (B-II)]

RAVI KUMAR, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Friday, the 19th September, 2014

Present : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 40/2013

¹Hkkx II—[k.M 3(ii)º

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6745

(In the matter of the dispute for adjudication under clause

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

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

the Management of Indian Bank and their workman)

BETWEEN

Sri K. Sekar

: 1st Party/Petitioner

AND

The Zonal Manager

: 2nd Party/Respondent

Indian Bank, Zonal Office

10, Kamaraj Salai

Puducherry-605011

Appearance:

For the 1st Party/

: Sri J. Thomas Jeyaprabhakaran,

Petitioner

Authorized Representative

For the 2nd Party/

: M/s T.S. Gopalan & Co.,

Respondent

Advocates

AWARD

The Central Government, Ministry of Labour &

Employment vide its Order No. L-12012/90/2012-

IR(B.II) dated 05.03.2013 referred the following

Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is:

“Whether the action of the management of Indian

Bank in imposing the punishment of dismissal

without notice to Sri K. Sekar is legal and justified?

What relief the concerned workman is entitled to?”

2.

On receipt of the Industrial Dispute this Tribunal

has numbered it as ID 40/2013 and issued notices to both

sides. The petitioner has entered appearance through his

Authorized Representative and the Respondent through

its counsel and filed their claim and counter statement

respectively.

3.

The averments in the Claim statement in brief are

these:

While the petitioner was working as Clerk/Shroff

at Sulankurichi Branch of the Respondent Bank he was

issued

with

a

Show

Cause

Notice

dated

17.02.2011alleiging that he had misappropriated Bank’s

money to the extent of Rs. 4,500/- by two occasions. The

petitioner has given reply denying the allegation. After

this the Charge Sheet dated 30.05.2011 was served on

him. Charge No. 1 in the Charge Sheet is that while

functioning as Key Holding Shroff the petitioner had been

negligent and due to his dereliction of duty there was

shortage of one note each in two sections of Rs. 1000/-

denomination held in the closing balance on 02.02.2011

which was detected on 03.02.2011 and that there was

shortage of 5 pieces in the currency chest of Rs. 500/-

denomination sent by him to the Currency Chest on

31.12.2010 and thus exposed the Bank to possible penal

action from RBI. The Second Charge against the petitioner

was that he had stealthily removed the notes from the

Cash Sections mentioned under the First Charge and

misappropriated Bank’s cash and consequent to the

detection of the same he had compensated the Bank for

the misappropriated amount. The reply submitted by the

petitioner was found not satisfactory and a departmental

enquiry was ordered against him. The enquiry was not

conducted in a fair and just manner. The petitioner was

not given opportunity to defend the case. He was not

allowed to cross-examine the witnesses during the enquiry

proceedings. The Enquiry Officer had submitted report

with a finding that the charges against the petitioner are

established. On the basis of this, the punishment of

dismissal without notice was imposed on the petitioner.

There is no justification for the punishment. The

petitioner is entitled to be reinstated in service with

continuity of service and back wages.

4.

The Respondent has filed Counter Statement

contending as follows:

While the petitioner was working at Pudupattu

branch of the Respondent Bank there were numerous

complaints against him in the matter of handling cash

including complaint of surreptitiously removing currency

notes received from the Account Holders. On 26.02.2008

a Show Cause Notice had been issued to him and he had

given a reply accepting all the charges and pleading for

leniency. The punishment of censure and bringing down

to lower stage in the scale of pay by one stage without

cumulative effect was imposed on the petitioner.

Subsequently, he has been posted at Sulankurichi Branch.

At Sulankurichi Branch the petitioner and one Sridhar

were working as Cash-cum-Shroff and the post of Cashier

used to be assigned to them by rotation. Sridhar had joined

duty as Cashier on 03.02.2011. While he was checking

the cash to take over charge from the petitioner, one piece

each in two sections of Rs. 1,000/- denominations received

from City Union Bank were found missing. This was

reported to the Branch Manager. When the Branch

Manager enquired with the petitioner he confessed the

mistake, apologized and gave withdrawal slip for

Rs. 2,000/- to make good the shortage. On 04.02.2011

Sulankurichi Branch had received a call from Cuddalore

Currency Chest that 5 pieces were missing from one of

the sections of Rs. 500/- denomination remitted from the

Branch. Even before the Branch received a written

complaint from the Currency Chest the petitioner

confessed to the Branch Manager and others that he had

taken the money and agreed to make good the shortage.

He gave a withdrawal slip of Rs. 5,000/- and after

collecting the cash remitted Rs. 2,500/- and this was

recorded in the cash balance book of 04.02.2011. On

07.02.2011 a Show Cause Notice was issued to the

petitioner regarding the two incidents of shortage. The

petitioner gave a reply denying the charges. A Charge

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THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

Sheet was issued to him for misconduct. The explanation

given by him was not satisfactory. He was asked to appear

for an enquiry and the first date of enquiry was fixed as

10.08.2011. On 07.07.2011 while the Branch Manager,

Ravichandran had been proceeding to the Zonal Office,

the petitioner who followed him in the same bus stabbed

Ravichandran. The co-passengers in the bus overpowered

the petitioner and handed him over to the nearby Police

Station. A criminal case is pending regarding the incident.

The petitioner had participated in the enquiry. Initially

he had refused to cross-examine the witnesses. However,

later the representative of the petitioner wanted to recall

the witnesses for cross-examination. This request was

declined by the Enquiry Officer. The Enquiry Officer gave

his report holding that the charges against the petitioner

are made out. After hearing the petitioner the Disciplinary

Authority passed order imposing the punishment of

dismissal from service on him. Without prejudice to the

stand of the Respondent that enquiry against the petitioner

was fair and proper, the Respondent is seeking leave to

lead evidence on the merits of the charges by examining

the witnesses. The dismissal of the petitioner is fully

justified and is valid in law. The petitioner is not entitled

to any relief.

5.

The evidence in the case consists of oral evidence

of WW1 and MWs 1 to 5 and documents marked as

Ext.W1 to Ext.W56 and Ext.M1 to Ext.M41.

6.

In the Claim Statement the petitioner has raised

the contention that enquiry was not conducted in a fair

and proper manner. This was mainly on the ground that

the petitioner was not given opportunity to cross-examine

the witness of the management in the enquiry

proceedings. The Respondent, even while contending that

the enquiry was held in a proper manner had also stated

that opportunity should be given to it to examine the

witnesses. According to the Management, the petitioner

had declined to cross-examine the witnesses at an earlier

instance and it was not a case of denial of opportunity to

the petitioner. At a later stage, when request was made

by the petitioner to cross-examine the witnesses, this was

declined by the Enquiry Officer. It is in this background,

the Respondent had examined 5 witnesses before this

Tribunal to establish its case.

7.

It is apparent from the very Counter Statement of

the Respondent itself that the petitioner did not get

sufficient opportunity to defend his case in the enquiry

proceedings. This is clear from the fact that the Enquiry

Officer has declined his request to cross-examine the

witnesses. Even assuming that it was made at a later stage,

the evidence given by the witnesses could be tested only

by cross-examination and in the absence of this the

enquiry proceedings could not be treated as one held in a

fair and proper manner.

8.

The Respondent has examined all the witnesses

who were presented at the enquiry before this Tribunal

also. They were cross-examined on behalf of the petitioner.

The petitioner had also given evidence before this

Tribunal. All the concerned documents are marked also.

Having found that the enquiry was not held in a fair and

proper manner, the proceedings of enquiry need not be

referred to by this Tribunal. The evidence let in before this

Tribunal will be relied upon for adjudication of the dispute.

9.

The points for consideration are:

(i)

Whether the action of the Management in imposing

the punishment of dismissal without notice on the

petitioner is legal and justified?

(ii)

To what relief, if any, the petitioner is entitled?

The Points

10.

One limb of the initial charge against the petitioner

is that there was shortage of one note each in two sections

of Rs. 1,000/- denominations held in the closing cash

balance of 02.02.2011. The shortage was detected on the

morning of 03.02.2011 while MW1 was counting the two

sections to disburse amount to customers. The first charge

includes another case that there was shortage of 5 notes

in a section of Rs. 500/- denomination sent by the

petitioner to the Currency Chest on 13.12.2010. In view

of the shortage it is alleged that the petitioner had removed

the cash sections referred to earlier and this is the basis

of the second charge.

11.

The incident of shortage of two Rs. 1,000/- notes

detected by MW1 on 03.11.2010 can be dealt with first.

The petitioner and MW1 are the two Clerk-cum-Shroff

in the branch. The practice in the branch was to assign

the duty of Cashier to one of these two on rotation of

three months. The period of rotation of petitioner was to

come to an end by the end of January, 2011 and MW1

was to take charge as Cashier on 1st February. However,

he happened to be on leave on 1st and 2nd and he took

charge only on 03.02.2011. It happened that in the

morning of this day itself MW4 who was the Asstt. Branch

Manager of Chinna Salem branch had come to the branch

for surprise cash verification. Before taking charge MW1

wanted to reconcile the cash available in the cash box in

the presence of the petitioner, MW2, the Asstt. Manager

and MW4, MW1 found that one piece of note is missing

from each sections when he counted two sections of 1,000

rupee denominations. According to MW2, the Asstt.

Manager of the Branch also two pieces were missing from

each of the sections and this was brought to his notice.

This is the evidence given by MW4, the Asstt. Manager

an outsider who came for surprise inspection also.

According to this witness, while MW1 was counting the

loose cash, the customers had begun to arrive at the

counter. Apart from the counted cash, there were two

sections of Rs. 1,000/- from City Union Bank, one section

of Rs. 1,000/- from Indian Bank and a bundle of 10

sections of Rs. 50/- denomination also. According to MW4,

¹Hkkx II—[k.M 3(ii)º

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6747

in order to disburse cash to customers, MW1 had opened

a section of Rs. 1,000/- of City Union Bank and found that

one piece was missing. Then he opened another section

of the same bank and found one piece missing from this as

well.

12.

There is no doubt that one piece each from two

sections counted by MW1 were missing. It is also apparent

from the evidence of MW1 and MW4 that these sections

were of City Union Bank. The petitioner having been the

person who was in-charge of the cash until the previous

day he is seen made responsible for the shortage in the

cash. The assumption is that he had stealthily removed

one piece each from these sections, as seen from Charge

No. 2.

13.

Is it possible that the petitioner could have removed

the notes from the sections and this is the reason for the

shortage? It is clear from the evidence of MW1 that he is

the one who opened the two sections. According to him

he had opened these sections in the absence of the Officer

as permitted by the Officer. He had admitted that the Cash

Officer who verified the sections before he had taken

charge also did not count the three sections. This would

show that sections which reached the branch from City

Union Bank were not opened or counted. This is clear

from the fact that the wrapper of the City Union Bank was

on these two sections. According to MW1, usually when

remittance is received from City Union Bank, sections

would be counted by breaking at one end. Only on

assuring that the sections contain all the pieces, the

wrapper will be removed and will be replaced by Indian

Bank wrapper and that also only after the Officer has

verified the quantity. MW1 does not remember if there

was any discrepancy or tampering on the two sections

before he opened them. MW2 the Asstt Manager had

spoken about the manner in which the currency received

from outside will be dealt with. He was the Officer-in-charge

of the Cash Section at that time. He has stated that when

currency is received, it will be made into sections and the

Officer-in-charge will verify the number of pieces in each

section. He has stated that so far as the two sections of

Rs. 1,000/- denominations of City Union Bank that were

opened by MW1 on the day are concerned, he did not

check them since they were already checked and wrapped.

Thus what is to be seen from the evidence of this witness

is that the sections that were brought from City Union

Bank were kept without any verification. This is evident

from the version of MW4 also. She is an outsider who

has come for surprise inspection and her evidence has

got more weight when compared to that of other witnesses

who are of the same branch. This witness has stated that

the three sections including two sections of City Union

Bank were covered as per the norms of RBI and there was

no tampering of the wrapper of any of these sections. The

evidence given by MW5, the Manager of the Bank only

strengthens the probability that the sections were in the

same manner in which they were opened by MW1 on

03.02.2011. This witness has admitted that both sections

in which shortage was found were packed as per the new

procedure covering from all four sides and because

pilferage was not possible on account of such packing

they were not opened till 03.02.2011. What more evidence

is required to show that the sections were not opened

until 03.02.2011?

14.

The vague suggestion that has been advanced on

behalf of the Respondent during argument is that the notes

might have been removed by the petitioner even while

keeping the wrapper intact. A demonstration has been

made by the Authorized Representative of the petitioner

in court showing that this is absolutely impossible. The

sections which are tied tightly using twains and which

are wrapped on all four sides could not be opened without

tampering the wrapper. The counsel for the petitioner

was not able to demonstrate how it would have been

possible for the petitioner to open the sections without

causing any tampering, to remove the notes.

15.

In fact MW3 who conducted an enquiry after the

notes were found missing had found the Asstt. Branch

Manager negligent. He has stated in his report marked

as Ext.W20 that the Manager should have counted the

cash apart from the Cashier. So far as the two sections

from which notes were found missing are concerned, they

were not counted at all after they reached the branch from

City Union Bank. MW3 has found fault with the petitioner

only for the reason that he was supposed to count with

the sections on the date of receipt itself and it was since

this was not done he has stated in his report that the

contention of the petitioner that shortage might have

occurred from City Union Bank itself could not be

accepted. He stated that this misconduct of negligence is

applicable to Asstt. Branch Manager also. In fact this

witness has asserted that the sections received from City

Union Bank were covered on all sides as per the new

norms of RBI and MW2 had not counted these sections

as pilferage was not possible. What MW3 has stated

during his cross-examination is that the fact that the

sections were not counted by Asstt. Branch Manager was

taken advantage of by the petitioner to remove the notes

from the sections. But the Management has not brought

out how this could have been done by the petitioner. As

already discussed this would have been an impossibility.

16.

On 31.12.2010, the petitioner is said to have sent

currency to the Currency Chest out of which there was a

shortage of five pieces in a section of Rs. 500/-

denomination. It is MW1 and MW5 who had gone to

Kallakurichi branch to handover the remittance to be

made with Cuddalore Chest. Sulankurichi branch being

a small branch, the practice was to handover the amount

to be remitted at the Chest to Kallakurichi branch which

6748

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

is the larger branch nearby. According to MW5, the

petitioner had gone to Kallakurichi branch on 04.02.2011

for collection of cash and he was informed that one section

of Rs. 500/- denomination that was remitted on

31.12.2010 was short of five pieces. The reason for

attributing the responsibility for the shortage on the

petitioner is that he was the Cashier at that time. It is the

responsibility of the Officer who is in-charge of the cash

also to see that the sections are properly counted before

they are wrapped. After wrapper is put on the sections,

the Clerk who counted the notes as well as the Officer

who verified are expected to put their signature on the

wrapper. The Management had not adduced any evidence

to show who had counted and made the sections or who

was the Officer who verified the sections. None of the

witnesses have stated that the petitioner is the one who

counted them or that the wrapper contained his signature.

According to MW1, before himself and MW5 proceeded

to the Chest on 31.12.2010, he had assured that the

sections were wrapped properly and there was no

meddling or tampering. So it is to be assumed that care

was taken to count the notes and wrap them as per the

norms of the RBI. At which time the petitioner could

have stealthily removed the note out of the section? There

is no clarity in the evidence regarding this. The vague

evidence given by the witnesses in this respect could not

be accepted. Thus the available evidence will not show

that the petitioner had removed the notes from one of the

sections that were sent for remittance to the Chest and

two sections that were handed over to MW1 on

03.02.2011.

17.

The main basis upon which guilt is attributed upon

the petitioner is the alleged confession said to have been

made by the petitioner. MW1 has stated in his evidence

that on 03.02.2011 after shortage was noticed, the incident

was immediately brought to the notice of MW2, the Asstt.

Manager and also to MW5, the Manager who was outside

the branch, immediately after he came back. According

to MW1, the petitioner confessed the mistake, apologized

and gave a withdrawal slip of Rs. 2,000/- to make good

the shortage. So far as the shortage in the Rs. 500/- section

is concerned it is stated by MW1 that after the petitioner

came back from Kallakurichi branch, he gave a

withdrawal slip for remittance of Rs. 2,500/- which is

the shortage. MW1 further stated that the petitioner

admitted an embezzlement of shortfall amounts on his

own volition. He stated that he was present when the

petitioner made confession. MW2 also has stated that

the petitioner made an admission and he was also present

when he confessed and apologized to the Branch

Manager. However, it could be seen from the version

during cross-examination of MW2 that when the

petitioner was asked about the shortage immediately after

it was detected he has stated that he is not the only person

responsible but MW2 himself, MW1 and also MW4 who

conducted verification are responsible for the same. He

then stated that it was when himself, MW1, MW4 and

MW5 were present the petitioner confessed that he has

taken the money and had apologized.

18.

MW4 is the only disinterested witness in the case,

apart from MW3 who conducted enquiry. Though, MW2

would claim that it was in the presence of MW4

confession was made by the petitioner, MW4 does not

support this case. There is no case for her that in her

presence the petitioner confessed to having removed the

notes from the sections. MW3 has stated during his

examination that the petitioner had not admitted guilt

during his interrogation. MW3 had reached the branch

for enquiry on 09.02.2011, a few days after the alleged

incident. If the petitioner had actually admitted guilt

before the Branch Manager he would have admitted guilt

before MW3 also, in the normal course.

19.

There is the evidence given by MW5 also that the

petitioner accepted the mistake and admitted that he was

responsible for the shortage. However, the alleged

admission made by the petitioner does not find a place in

Ext.W21, the report dated 05.02.2011 given by MW5 to

the Zonal Manager regarding the incident. What he has

stated in this is that after the enquiry with both Cashiers

the petitioner handed over the cash to MW1 and gave

pay order of Rs. 2,000/- and on 04.02.2011 also after he

came back with the section of missing pieces he remitted

the shortage of the cash. There is no indication in

Ext.W21 at all that any admission was made by the

petitioner to the effect that he had removed the pieces

from the sections and embezzled the amount.

20.

The main reason for the case of confession by the

petitioner seems to be the remittance made by the

petitioner to make good the loss. Admittedly, he remitted

Rs. 2,000/- to make good the shortage of 03.02.2011 and

Rs. 2,500/- on 04.02.2011 to make good the shortage in

the section that was given for remittance at the chest.

The case that is advanced by the petitioner is that he

had accepted responsibility for the shortage since he was

the cashier earlier. According to him he did not make a

confession that he had removed the notes from the

sections. The admission made by MW5 reveals what was

the method used by him to make the petitioner remit the

amounts. He has admitted during his cross-examination

that he had told the petitioner that since he was the

Cashier he should accept the responsibility and the matter

could be settled in the branch itself and this was why the

petitioner remitted the amount. This admission by MW5

alongwith the absence of the case of admission in

Ext.W21 probabalize the case that the petitioner could

not have made a confession. In the wake of evidence that

has come out that the wrappers from the two sections

opened on 03.02.2011 were intact and that the wrapper

on the section which was sent to the chest in which

shortage was found was verified by MW1, it was unlikely

that the petitioner would have made a confession.

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6749

21.

The Authorized representative of the petitioner has

referred to withdrawal slips marked as Ext.W23 (series)

by which the petitioner had withdrawn money to make

good the shortage. In both the slips as well as the

documents showing the remittance, what is recorded is

that the amount paid is for correction. It is pointed out

by the Authorized Representative that this also would

show that there was nothing of confession at that time

and the remittance was made by the petitioner as he was

instructed by the Manager. This also goes against the

case of the Management that there was a confession of

guilt by the petitioner.

22.

Only when there is some acceptable evidence

regarding the incident itself, a confession has got any

value. Otherwise it is a very weak piece of evidence. The

evidence given by the witnesses regarding the incident

having been found also not acceptable also the case of

confession is to be rejected.

23.

The counsel for the Respondent has tried to refer

to the past conduct of the petitioner to show that his

service is not one without blemish. Earlier the petitioner

seems to have been censured and his pay brought to a

lower stage. As seen from Ext. M26 several misconducts

which allegedly occurred earlier are referred to. The

petitioner was given the above punishments on the basis

of the admission made by him, as seen from Ext. M27.

What the petitioner has stated in Ext. M27 is that his

salary being the only income of his family, he had felt it

prudent to get back into the service of the Bank than

prolonging his difficulties and so he is accepting the

charges. It is on the basis of this, the above punishments

were imposed. This would be having some bearing on

the present case only if the charges against the petitioner

are established. This was brought in on behalf of the

Respondent to show that there were earlier instances of

his indulging in misconduct. However, in the absence of

any evidence regarding the charges under consideration,

the previous punishments could not be of any

consequence.

24.

Another fact that has been brought out are the

complaints allegedly made by certain customers on

04.02.2011 making allegations against the petitioner.

However, all these are on the next day of the incident

and there is something odd in this, as pointed out by the

Authorized Representative. These too could not be taken

into account.

25.

On 07.07.2011, while the Branch Manager was

proceeding to the Zonal Office by bus, the petitioner had

allegedly followed him in the same bus and had stabbed

him and inflicted injuries upon him. This, if committed

is certainly a very grievous offence revealing the criminal

mentality of the petitioner. However, this is an incident

that has occurred subsequently. Even if true this, incident

could not influence the result of the present dispute. The

criminal case regarding the incident is now said to be

pending. The Respondent has to proceed against the

petitioner separately on the basis of the alleged incident.

There is no necessity to combine this with the present

dispute. I find that Management has failed to establish

the charges against the petitioner. Consequently, there is

no option but to reinstate the petitioner in service.

26.

The Respondent is directed to reinstate the

petitioner in service within two months with 25% back

wages payable within two months which will carry

interest @ 9% per annum on expiry of the prescribed

period.

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner : WW1, Sri K. Sekar

For the 2nd Party/

: MW1, Sri M. Masilamani

Management

MW2, Sri A. Jagannathan

MW3, Sri M.K. Sundar

MW4, Sri V. Nagajothi

MW5, Sri C. Ravichandran

Documents Marked :

On the petitioner’s side

Ex.No.

Date

Description

Ex.W1

17.02.2011

Show-Cause Memo from ZO,

Cuddalore addressed to K. Sekar

Ex.W2

04.03.2011

Reply to the Show-Cause Memo

addressed to the Asstt. General

Manager, ZO, Cuddalore

Ex.W3

30.05.2011

Charge

Sheet

from

ZO,

Cuddalore addressed to K. Sekar

Ex.W4

18.08.2011

Written brief of the Presenting

Officer, Sri S. Rajasekaran,

Manager, ZO, Cuddalore

Ex.W5

20.09.2011

Defence summing up on the

enquiry against K. Sekar

Ex.W6

08.10.2011

Letter from the Zonal Manager

enclosing the findings of the

Enquiry Officer

Ex.W7

08.10.2011

Findings of the Enquiry Officer,

Sri U.V. Ramachandran

Ex.W8

19.10.2011

Reply by Sri K. Sekar to the

Enquiry Officer’s findings

addressed to the Zonal Manager/

Disciplinary Authority

Ex.W9

03.11.2011

Proposed punishment order from

the Zonal Manager / Disciplinary

Authority

proposing

the

punishment of dismissal without

notice

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[PART II—SEC. 3(ii)]

Ex.W10

07.11.2011

Reply by Sri K. Sekar to the Zonal

Manager / Disciplinary Authority

for the proposed punishment

Ex.W11

24.11.2011

Letter from Zonal Manager /

Disciplinary

Authority

confirming

the

proposed

punishment

Ex.W12

24.11.2011

Speaking orders from the Zonal

Manager / Disciplinary Authority

confirming the punishment of

dismissal without notice

Ex.W13

20.12.2011

Appeal submitted by Sri K. Sekar

to the Appellate Authority against

the punishment of dismissal

without notice

Ex.W14

25.05.2012

Letter Ref. No. HRM/DPC/55166/

2011-12 enclosing the orders of

the Appellate Authority

Ex.W15

20.03.2012

Orders of the Deputy General

Manager / Appellate Authority

confirming the punishment of

dismissal without notice

Ex.W16

11.08.2011

Proceedings of the enquiry held

at Kallakurichi Branch

Ex.W17

17.08.2011

Proceedings of the enquiry held

at Kallakurichi Branch

Ex.W18

25.08.2011

Covering letter from Sri U.V.

Ramachandran enclosing the last

page of the enquiry proceedings

held on 17.08.2011

Ex.W19

-

Extract of Cash Handling Manual

– Pages 1.19 and 1.20

Ex.W20

10.02.2011

Investigating Report of the

Vigilance Officer, Sri MK Sundar

who conducted the investigation

at the Sulankurichi Branch on

10.02.2011

Ex.W21

05.02.2011

Letter from the Branch Manager,

Sulankurichi Branch addressed to

the Zonal Manager regarding the

shortage of cash during cash

verification

Ex.W22

-

Key Movement Register of the

branch from 10.01.2011 to

03.02.2011

Ex.W23

-

Two withdrawal slips of K. Sekar

dated 04.02.2010 and 03.02.2011

Ex.W24

-

Attendance Register of the branch

for the month of February 2011

Ex.W25

03.02.2011

Extract of the cash balance book

on 03.02.2011

Ex.W26

Nil

Representation by K. Anjalai

regarding short credit

Ex.W27

04.02.2011

Representation by K. Girija

regarding short payment of

Rs. 1,000/- on 16.12.2010

Ex.W28

04.02.2011

Representation

by

E.

Chandrasekaran regarding short

credit of Rs. 500/-

Ex.W29

09.02.2011

Interrogation statement obtained

from Ms. V. Nagajothi, Asstt.

Manager, Chinna Salem Branch

Ex.W30

09.02.2011

Interrogation statement obtained

from Sri V. Ravichandran,

Manager, Sulankurichi Branch

Ex.W31

09.02.2011

Interrogation statement obtained

from A. Jagadeesan, Asstt.

Manager, Sulankurichi Branch

Ex.W32

09.02.2011

Interrogation statement obtained

from

M.

Sridhar,

Clerk,

Sulankurichi Branch

Ex.W33

09.02.2011

Interrogation statement obtained

from

K.

Sekar,

Clerk,

Sulankurichi Branch

Ex.W34

14.06.2012 Petition under Section-2(A)

addressed to the Asstt. Labour

Commissioner (C), Puducherry

Ex.W35

03.09.2012 Counter by the Management

addressed to the Asstt. Labour

Commissioner, Chennai

Ex.W36

20.09.2012 Rejoinder submitted to the Asstt.

Labour Commissioner (C),

Chennai

Ex.W37

25.09.2012

Reply to the rejoinder by the

Management to the Asstt. Labour

Commissioner, Chennai

Ex.W38

08.06.2011

Representation by K. Sekar

addressed to the Asstt. General

Manager / Disciplinary Authority

seeking permission to verify

documents

Ex.W39

11.06.2011

Letter from Zonal Office,

Cuddalore to Sri K. Sekar

granting extension of time to

reply

Ex.W40

17.06.2011

Representation from K. Sekar to

the Zonal Manager / Disciplinary

Authority seeking permission to

peruse the disputed three

currency section and the

denomination slip

Ex.W41

22.06.2011

Letter from Zonal Manager /

Disciplinary Authority to K.

Sekar informing non-availability

and inability to produce the

sections and slips

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6751

Ex.W42

27.06.2011

Reply submitted by K. Sekar to

the

charge

sheet

dated

30.05.2011

Ex.W43

03.08.2011

Letter from the Enquiry Officer to

K.

Sekar

informing

commencement of enquiry on

10.08.2011

Ex.W44

06.08.2011

Representation by K. Sekar

requesting the Enquiry Officer to

adjourn to a later date

Ex.W45

10.08.2011

Letter from Zonal Manager /

Disciplinary Authority informing

that the next date of enquiry

would be communicated by the

Enquiry Officer

Ex.W46

10.08.2011

Letter from the Enquiry Officer

informing fixing the proceedings

on 11.08.2011

Ex.W47

13.08.2011

Letter from the Enquiry Officer

fixing the enquiry on 16.08.2011

Ex.W48

13.08.2011

Letter from the Union to the

Zonal Manager / Disciplinary

Authority requesting direction to

the Enquiry Officer to provide the

opportunity to cross-examining

the prosecution witnesses and to

fix the enquiry on 17.08.2011

Ex.W49

13.08.2011

Letter from the Enquiry Officer

fixing the enquiry on 17.08.2011

Ex.W50

16.08.2011

Letter from Asstt. General

Manager,

Zonal

Office,

Cuddalore

to

the

Union

informing that the Disciplinary

Authority’s no role on Enquiry

Officer’s decision

Ex.W51

19.08.2011

Letter from the Union to the

General Manager / CVO, Head

Office, Chennai over the denial

of opportunity to cross-examine

Ex.W52

30.08.2011

Letter from the Enquiry Officer

instructing to submit the Defence

brief

Ex.W53

03.09.2011

Letter from the Defence

Representative to the Enquiry

Officer bringing to the notice the

representation made to the

General Manager / CVO

regarding the opportunity of

cross-examining the prosecution

Ex.W54

07.09.2011

Letter from the Asstt. General

Manager,

HO,

Vigilance

Department informing the

Defence Representative that the

General Manager / CVO would

not interfere in the decisions of

the Enquiry Officer

Ex.W55

17.09.2011

Letter from the Enquiry Officer

to K. Sekar instructing to submit

the brief on or before 21.09.2011

Ex.W56

29.08.2003 Circular issued by the bank on

RBI’s Clean Note Policy

On the Management’s side

Ex.No.

Date

Description

Ex.M1

10.08.2011

Proceedings of enquiry in the

charge sheet dated 30.05.2011

Ex.M2

16.11.2011

Proceedings of personal hearing

before Disciplinary Authority. In

respect of charge sheet – CO/

CUD/VIGI/30/2011/12 dated

30.05.2011

Ex.M3

31.01.2012 Proceedings of personal hearing

before Appellate Authority (In

respect of charge sheet dated

30.05.2011 – order dated

24.11.2011 of D.A.)

Ex.M4

16.10.2012 Conciliation Failure Report by

ALC (C), Puducherry

Ex.M5

07.07.2011

Charge Sheet issued to K. Sekar–

physically attacking Mr. C.

Ravichandran, Branch Manager

by sharp weapon while travelling

in bus on duty

Ex.M6

07.07.2011

FIR – Inspector of Police,

Ulundurpet

Ex.M7

08.07.2011

News item published in Dina

Thanthi on 08.07.2011 in respect

of the above stabbing incident

Ex.M8

08.07.2011

News report in Hindu – C.

Ravichandran, Branch Manager

inflicted with stab injury

Ex.M9

07.07.2011

Report on the stabbing incident

by PV Ramachandran, Chief

Manager, ZO, Cuddalore

Ex.M10

07.07.2011

Statement of Ravichandran,

Branch Manager on the stabbing

incident in bus

Ex.M11

07.07.2011

Report of Azhagarasan of

Ulundurpet in respect of the

stabbing incident

Ex.M12

07.07.2011

Wound Certificate issued by

Casualty

Department,

Government

Hospital,

Ulundurpet of Mr. Ravichandran

Ex.M13

09.01.2008 Complaint of K. Srinivasan,

Customer against K. Sekar, Cl/

Sh., Pudupattu Branch

Ex.M14

18.01.2008 Representation of employees of

Pudupattu branch against K.

Sekar regarding his drunken

behavior etc.

6752

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

Ex.M15

14.01.2008

Complaint from Branch Manager,

Pudupattu, against K. Sekar

leaving office branch early

Ex.M16

22.01.2008 Complaint of B. Sivakumar,

Appraiser of Pudupattu branch

against K. Sekar regarding

cheating him for Rs. 380/- with

two enclosures

Ex.M17

22.01.2009 Letter from N. Moorthi, Assistant

Branch Manager, Sankarapuram,

addressed to Investigation Officer

regarding shortage in cash

remittance in Pudupattu Branch

Ex.M18

22.01.2008 Letter from K. Sumathi,

facilitator of Samnguppoo,

S.H.G. Magalir Mandram,

Pudupattu SB A/c No. 5490 –

complaining against K. Sekar

Ex.M19

22.01.2008 Letter from S. Rajeshwari, Om

Sakthi Mahalir Membattu

Mandram in Pudupattu – SB A/c

No. 2083 against K. Sekar

Ex.M20

22.01.2008 Letter from N. Ravi, Krishna

Agents, complaining against K.

Sekar regarding misconduct of

his cash handling etc.

Ex.M21

22.01.2008 Letter from N. Ravi, SR No.,

27912, Indian Bank, Pudupattu

Branch Cl/sh. – complaining

about K. Sekar – drunken

behavior,

cash

shortages,

cheating to customers etc.

Ex.M22

22.01.2008 Letter from PM Udaya Sooriyan,

SB Account holder in Pudupattu

Branch – complaining against K.

Sekar

Ex.M23

03.12.2007

Letter from Branch Manager,

Pudupattu Branch, addressed to

AGM, Circle Office, Cuddalore –

report on the shortage of cash on

30.11.2007 in Sekar’s cash

counter

Ex.M24

13.12.2007 Letter from Branch Manager,

Pudupattu to AGM – CO,

Cuddalore on cash shortage in

closing of cash balance on

13.12.2007

Ex.M25

21.01.2008 Letter from Vigilance Cell, C.O.,

Cuddalore addressed to K. Sekar

placing K. Sekar on suspension

pending further investigation

Ex.M26

26.02.2008 Show Cause Notice issued to

petitioner listing of 9 incidents

of various acts of misconduct i.e.

unseemly/unsatisfactory behavior

while on duty towards officers of

the bank, drunkenness, or riotous

or disorderly, or indecent

behavior in the premises of the

bank, willful insubordination of

refusal of reasonable orders of

superior, incurring debts etc.

Ex.M27

19.03.2008 Explanation of petitioner towards

charge sheet dated 26.02.2008

Ex.M28

20.03.2008 Proposing punishment of censure

and bringing down to lower state

in scale of pay by one stage

without cumulative effect in view

of voluntary admission of guilt –

personal hearing (In respect of

show cause memo dated

26.02.2008)

Ex.M29

25.03.2008 Proceedings of personal hearing

on 25.03.2008 in respect of Show

Cause Memo dated 26.03.2008

Ex.M30

26.03.2008 Imposing punishment of censure

in respect of charges 1,2,3,5 and

9 and “Brought down to lower

stage in the scale of pay by one

stage without cumulative effect”

in respect of charges 4,6,7 & 8

Ex.M31

04.07.2011

Complaint of K. Jayaram,

Account holder in Sulankurichi

Branch against K. Sekar –

misappropriation of Rs. 1,500/-

Ex.M32

15.07.2011

Investigation report by ZO,

Cuddalore to Zonal Manager,

Cuddalore

Ex.M33

26.07.2011

Charge Sheet issued to K. Sekar

Ex.M34

08.08.2011

Reply of K. Sekar to the charge

sheet dated 26.07.2011

Ex.M35

02.07.2011

Pay-in-Slip

–

crediting

Rs. 32,500/- in the account of

Jayaram towards his jewel loan

account by his wife

Ex.M36

15.07.2011

Interrogation done with regard to

the complaint received from K.

Jayaram, Customer against K.

Sekar

Ex.M37

02.08.2011

Representation from Jayaram to

Zonal Office, Indian Bank,

Cuddalore

Ex.M38

11.07.2011

Proceedings of enquiry on the

complaint of K. Jayaram

Ex.M39

16.09.2011

Proceedings of enquiry in respect

of charge sheet dated 26.07.2011

Ex.M40

16.09.2011

Proceedings of enquiry in respect

of charge sheet dated 26.07.2011

Ex.M41

16.09.2011

Proceedings of enquiry in respect

of charge sheet dated 26.07.2011

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New Delhi, the 9th October, 2014

S.O.

2713.—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,

Chennai as shown in the Annexure, in the industrial

dispute between the management of Indian Bank and their

workmen, received by the Central Government on

09/10/2014.

[No. L-12012/42/2013-IR (B-II)]

RAVI KUMAR, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Wednesday, the 24th September, 2014

Present : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 74/2013

(In the matter of the dispute for adjudication under clause

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

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

the Management of Indian Bank and their workman)

BETWEEN

Sri A. Rajendran

: 1st Party/Petitioner

AND

The Zonal Manager

: 2nd Party/Respondent

Indian Bank, Central Office

359, Dr. Nanjappa Road,

Coimbatore -641018

Appearance:

For the 1st Party/

: Sri J. Suresh, Authorized

Petitioner

Representative

For the 2nd Party/

: M/s T.S. Gopalan & Co.,

Management

Advocates

AWARD

The Central Government, Ministry of Labour &

Employment vide its Order No. L-12012/42/2013-IR

(B.II) dated 25.06.2013 referred the following Industrial

Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is:

“Whether the action of Indian Bank Management

in respect of imposing punishment of dismissal

without notice on the petitioner Sri Rajendran, an

employee of the Indian Bank, Valparai Branch is

justified or not? What relief the workman is entitled

to?”

2.

On receipt of the Industrial Dispute this Tribunal

has numbered it as ID No. 74/2013 and issued notices to

both sides. The petitioner has entered appearance through

Authorized Representative and the Respondent through

counsel and filed their Claim and Counter Statement

respectively. The petitioner has filed rejoinder after the

Counter Statement was filed.

3.

The averments in Claim Statement filed by the

petitioner in brief are these:

The petitioner had entered the service of the

Respondent Bank as a Sub-Staff and was subsequently

promoted as Clerk. He was transferred to Valparai Branch

of the Respondent Bank in the year 2005. He was

discharging his duties faithfully and sincerely. While

working in Valparai Branch, the petitioner was placed

under suspension on 06.10.2009. A Charge Sheet dated

12.10.2009 was issued to the petitioner. It was alleged in

the Charge Sheet that the petitioner had misappropriated

an amount aggregating to Rs. 13,000/- by removing pieces

of notes from different sections of Rs. 500/- denomination.

Another charge against the petitioner is that on

26.04.2006 he had received illegal gratification of

Rs. 100/- from a customer of the branch. The third

allegation against the petitioner is that while holding cash

safe keys of the branch, he had left the station on

18.04.2009 without handing over the keys to the branch

and he failed to report for duty on time in 19.04.2009

and reported only by about 12.40 PM. The petitioner had

submitted a reply to the Charge Memo denying the

allegations. He is not involved in the misappropriation

of the money of the bank. The petitioner did not receive

any illegal gratification. The petitioner had obtained

permission from the Branch Manager to leave the station

for attending death ceremony of a relative. Due to

mechanical failure of the vehicle in which he was

travelling, he could report for duty at 1230 PM only. The

Respondent who was not satisfied with the reply had

ordered departmental enquiry against the petitioner. The

Enquiry Officer submitted enquiry report finding the

petitioner guilty of all the three charges. The Disciplinary

Authority imposed the punishment of “Dismissal Without

Notice” on the petitioner by order dated 30.08.2010. The

Appellate Authority dismissed the appeal preferred by

the petitioner. The dispute is raised accordingly. The

allegations made against the petitioner are without any

basis . There is no justification for imposing the

punishment of dismissal on the petitioner. An order may

6754

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

be passed directing the Respondent to reinstate the

petitioner in service and to pay back wages and other

allowances.

4.

The Respondent has filed Counter Statement

contending as follows:

The petitioner was working as Chief Cashier in

Valparai Branch and was the joint custodian of the Safe

Keys. On 18.04.2009, the petitioner informed the Branch

Manager that he will be late by 10 minutes on the next

day. As it was late in the evening, no other staff was

available to entrust the keys. The petitioner left the branch

with the keys. On 19.04.2009 the petitioner did not reach

the branch even by 10.00 AM so Balasubramaniam,

another Clerk was directed to attend payment counter

with the cash available with the receiving cashier. The

petitioner reached only by 12.40 PM. Though the Branch

Manager instructed the petitioner to handover the key to

Balasubramanaim, he was reluctant to do so. It was only

after the Manager insisted he handed over the key to

Balasubramaniam. On 20.04.2009 by 09.15 AM the

petitioner telephoned to the Branch Manager and asked

him to direct the Asstt Branch Manager to see that the

keys are handed over to him. However, the Branch

manager instructed him to work in some other section

and asked Balasubramaniam to continue in cash. By 11.30

AM on that day Balasubramaniam noticed shortage of 6

notes in a sealed section of Rs. 500/- denomination, when

he opened the section and counted it, to make payment

to a customer. He reported the matter to the Officer who

had initialed the slip on the section. When another section

of Rs. 500/- denomination was opened and counted

Balasubramaniam encountered shortage of 8 notes. The

Branch Manager who came to the cash counter, opened

the next section of Rs. 500/- denomination in the presence

of Balasubramaniam and another and found shortage of

4 notes. The remaining section of Rs. 500/- denomination

in the Till Cash Box was set aside and counted in the

evening and there was shortage of 8 pieces in this section

also. Balasubramaniam, the petitioner and Kaliappan,

another Clerk refused to make good the loss. The matter

was reported to the Circle Office. An investigation was

conducted as ordered by the Circle Office. The Vigilance

Department also conducted investigation. He came to

the conclusion that shortage had occurred in the sections

due to removal of notes by the petitioner. It was revealed

during investigation that the petitioner had concealed the

fact that he had gone to Perur to attend the 5th day death

ceremony of his wife to be held on 19.04.2009. He had

left without informing the Branch Manager to avoid

giving cash keys to others though he knew that he will

be late in reaching the office on the day. It was also

revealed during investigation that the petitioner had taken

bribe of Rs. 100/- from a customer on 26.04.2006 and

the customer had given a complaint. The petitioner was

also known to have taken a Rs. 500/- note on an earlier

occasion and he had returned it to the Manager later. A

sealed section of note can be opened by applying steam

or hot stainless lunch box. After removing some pieces,

it can be sealed by the same adhesive. The petitioner is

not entitled to any relief.

5.

Te petitioner has filed rejoinder denying the

allegations in the Counter Statement and reiterating his

case in the Claim Statement.

6.

The evidence in the case consists of oral evidence

of the petitioner examined as WW1 and documents

marked as Ext.W1 to Ext.W19 and Ext.M1 to Ext.M13.

7.

The points for consideration are:

(i)

Whether the action of the management in

dismissing the petitioner from its service is

justified?

(ii)

What, if any, is the relief to which the petitioner is

entitled?

The Points

8.

The petitioner was working as payment cashier at

Valparai Branch of the Respondent Bank. At the time of

the alleged incident he was assigned the duty of Payment

Cashier for a period of three months from 01.02.2009 to

30.04.2009. the Respondent has alleged that while

working as such he had removed pieces of notes from

four sections of Rs. 500/- denomination amounting

to 26 pieces in total and had thus misappropriated

Rs. 13,000/-. Another allegation is that the petitioner

reported for duty on 19.04.2009 by about 12.40 PM only

even though he was holding the Cash Safe Keys in his

capacity as Payment Cashier. There is also a charge that

the petitioner had received illegal gratification of Rs. 100/-

from a customer on 26.04.2006.

9.

A Charge Memo was issued to the petitioner after

he was placed under suspension and a departmental

enquiry was conducted. The petitioner had fully

participated in the enquiry proceedings. Before the

Enquiry Officer, two Officers who had conducted

investigation, Balasubramaniam, the Clerk who had

started to do the work of the petitioner consequent to his

coming late on 19.04.2009, the then Branch Manager

and two others were examined. The petitioner and another

witness was examined on the side of the petitioner. The

Enquiry Officer had submitted report finding that all the

three charges against the petitioner are proved. The

Enquiry Officer has entered a finding of guilt on the

petitioner regarding the charge of misappropriation on

the reasoning that only the petitioner had dire need for

money and opportunity for committing theft from the

concerned sections. The Enquiry Officer has taken a note

of the fact that the petitioner was drawing a very small

amount as salary and he was very much in need of money

and had come to the conclusion that he must have

removed the notes. The Enquiry Officer has accepted the

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6755

case of the management that the petitioner was reluctant

to part with the keys and had made much effort to retain

the keys with him even though he was leaving the station.

Regarding the second charge of accepting bribe of

Rs. 100/- which had allegedly taken place 3 years prior

to the charge sheet also the Enquiry Officer has entered

a finding against the petitioner even though the person

who allegedly gave the bribe herself has come and stated

before him as PW2 that she did not pay any bribe to the

petitioner. Regarding the third charge of reaching the

office late on 19.04.2009, the Enquiry Officer, apart from

other evidence, relied upon the evidence given by the

petitioner also to enter a finding that he came late without

informing the Manager and without handing over the

keys to someone else. In arriving at the finding on the

1st charge, the Enquiry Officer has mainly relied upon

the report of Investigation Officer who had resorted to a

process of elimination. The Enquiry Officer has, in his

report, referred to the version given by the witnesses and

also referred to the fact of counting of the notes in the

currency chest to find out any shortage in the section

from the concerned branch and on analyzing them had

come to the conclusion that any other staff in the bank

could not have committed the act and it is only the

petitioner who could have done it.

10.

It is an admitted fact that the petitioner came to

the branch late on 19.04.2009 even though he was holding

the Cash Key on that day. Consequent to his late coming,

Balasubramaniam, examined as MW6 was asked to take

the position of the petitioner. When the petitioner reached

the bank by 1240 PM, he was instructed to hand over the

Cash Key to MW6. The petitioner had been attending to

some other work on the day. On the next day also MW6

continued to hold the key. The shortage of pieces of notes

was noticed by MW6 while he was counting sections of

notes. Initially, he had opened and counted a section of

Rs. 500/- denomination which was counted and packed

by Kaliappan, another staff. He had immediately informed

the Assistant Manager about the same. Subsequently, he

opened another section of Rs. 500/- denomination

obtained from the currency chest and shortage was noticed

in this section also. The Assistant Branch Manager was

informed and he came to the counter and he himself

opened one more section of Rs. 500/- denomination

and this was also found to be short of certain pieces. One

more section of Rs. 500/- denomination which was in

the till cash was kept aside. This section was opened and

counted by the Manager in the presence of staff including

the petitioner and this was also found to be short of certain

pieces.

11.

What is the evidence given by the witnesses

regarding the shortage of notes that were handled by

MW6? MW1 who had investigated in the matter had

stated during his examination that he assumed that the

section of notes prepared by Kaliappan must have been

packed only after it was counted by the Officer also since

that is the normal practice. However, it has come out

during the cross-examination of MW1 itself that it is

unlikely that the notes were counted by the Officer.

According to MW1, during interrogation the Branch

Manager has told him that whenever the Sub-Staff is there

to assist Kaliappan he will be counting the notes at the

counter itself and packing also will be done at the counter

and then only it will be sent to the Officer for signature.

The Manager had also told him that only after the incident

on hand they started counting all sections in front of the

Officers before they were packed. Thus it is clear from

even the evidence of MW1 that there was no practice of

counting the notes in the presence of the Officer in spite

of the instructions of the Reserve Bank. The Sub-Staff

who was questioned by MW1 also had informed him that

receipt cash will be counted at the Receipt Cash Counter

itself and it is only the closed packed that is taken to the

Officer for signature. MW1 did not ascertain during the

investigation whether the section of notes packed by

Kaliappan was tampered in any way at the time of

opening. The witness has also stated that there are

counting machines at the branch and the counting at the

branch might have been done using the machine only.

According to MW1, he did not suspect Kaliappan for the

shortage in the section that was packed by him since

shortage was found out in three sections received from

the Currency Chest also. It could be seen from MW1’s

evidence that he has merely placed suspicion on the

petitioner. According to him, there were strong

circumstances for putting suspicion on the petitioner. He

did not fix responsibility for the incident on the petitioner.

12.

The statement of interrogation of the concerned

Sub-Staff who used to help in counting and packing also

is available in the enquiry proceedings. He has stated to

the Investigation Officer that only after the incident in

question, they started counting of individual pieces of

Currency Chest sections. There is also the statement of

Branch Manager given to the Investigating officer that

normally when they receive cash from Currency Chest,

only the number of sections in the bundles were counted

by the Cashier in the presence of Asstt. Manager and the

concerned Cashier and it was only after the incident, they

have started counting individual pieces.

13.

The Enquiry Officer has referred to the evidence

given by the Manager that the concerned sections were

found loose on account of the removal of the notes. It is

pointed by the Authorized Representative that there was

no such case earlier and it was only during evidence such

a case was put forth. In fact he has stated during his

evidence that the sections opened by him were intact.

MW6 who had handled the sections on 20.04.2009 on

which day shortage was noticed also had given a version

to this effect. What he has stated during the cross-

examination is that all the sections were packed with

6756

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

plus band and officials had signed on the packets also

and those were intact also. This would go to show that at

the time when this witness handled the section on

24.04.2009 the sections were intact. That means the

sections were not tampered with at all. If any of the

sections were actually loose, MW6 would have noticed

it, he being the one who had opened two of the four

sections wherein shortage was noticed.

14.

The mode of packing the sections introduced by

the Reserve Bank is with the intention that nobody could

open it and take out notes from the sections. It has been

pointed by the Authorized Representative that adhesive

used for packing the sections could be used only once. In

that case if the packed section is opened it would not be

possible to replace the wrapper without causing any

damage to the same. Though there is no such case during

the enquiry proceedings, what is stated in the Counter

Statement is that if heat is applied to the portion of

the adhesive which according to the Counter Statement

could have been done using a lunch box with hot contents,

the wrapper could have been opened without any damage

and could have been replaced also. However, it was not

shown by the Management that before MW6 or MW2,

the Manager, the petitioner opened the sections. It seems

to be practically impossible to remove the wrapper of the

section without causing any damage and replace the same.

If it was possible a demonstration to that effect could

have been done on behalf of the Management. But this

was not done.

15.

It is clear from the evidence that one of the sections

in which shortage was noticed was packed by the Clerk

by name Kaliappan and that also most probably not in

the presence of the Officer concerned. It is also clear from

the evidence that the branch was not in the habit of

counting individual pieces in the sections that were

received from the Currency Chest. This is the evidence

given by the Manager. They will be counting only the

number of sections in the presence of the Officer. Since

the sections are received from the Chest it is presumed

that they are counted and packed properly and there is

no possibility of any shortage. The counsel for the

Respondent has been referring to the report of MW1 to

the effect that he has verified the sections in the Currency

Chest to find out if there was any pilferage. He has

reported that he did not notice any shortage on

verification. However, as pointed out by the Authorized

Representative only at random, sections were counted by

MW1 and not all the sections. This certainly is not an

effective measure to find out if shortage has occurred at

the Currency Chest itself.

16.

The Authorized Representative has referred to the

representation by the Federation of Indian Bank

Employees Union (Page-143 of the Petitioner’s Typed

set) wherein it is pointed out that on counting notes

through note counting machines some discrepancy had

occurred and this had come to light on physical counting.

The Secretary General of the Federation had requested

to take necessary steps in this respect. The Authorized

Representative has referred to the Investigation Report

given by MW1 also in this respect. The report (Page-121

of Petitioner’s typed set) refers to an incident where

shortfall was noticed in the amount that was loaded in

the ATM which must have counted through counting

machines. These facts were pointed out to show that there

were instances of malfunctioning of the counting

machines.

17.

It could be seen from the evidence that immediately

after the shortage was noticed, suspicious eye was

drawn not only against the petitioner but all those who

had handled the cash. MW2, the Manager had stated

during his examination that on his discussing the matter

with the Circle Office he was instructed to ask MW6

who was in cash on the day on which shortage was noticed

to make good the loss. When MW6 refused, the petitioner

was asked to do so. When he also refused Kaliappan who

had counted one of the sections in which shortage was

noticed was asked to take the responsibility of the shortage

found in the particular section prepared by him. When

all these attempts failed he had obtained a letter from

MW6 regarding the shortage, debited the necessary

register and had tallied the cash as instructed by the Circle

Office. I have referred to this incident only to show that

initially all those including the petitioner who had

handled cash were asked to make good the loss and not

the petitioner alone.

18.

In spite of the fact that there is no evidence to show

that the sections in the Till Cash that were under the

custody of the petitioner were tampered with, guilt has

been attributed on the petitioner. This was done based

on certain circumstances which according to the

Management point to the petitioner as the guilty one.

One such aspect that was put forth by the Management

is that the petitioner was reluctant to handover the key

even though he knew that he will be late on 19.04.2009.

MW2 has also given evidence that the Assistant Manager

had called him on the morning of 20.04.2009 and had

told him that the petitioner had telephoned to him

requesting that the safe keys should be returned to him.

For these reasons and also because the petitioner was the

one who was in custody of the concerned sections of notes

for some days and he was having the opportunity to

remove the notes from the sections it was assumed that

he is responsible for the shortage. These are in fact only

circumstances which point to the petitioner as the person

who might have done the act. However, these are merely

circumstances and could not replace proof. There is

absolutely no evidence to come to the conclusion that the

petitioner is the person responsible for the shortage of

the notes. In fact it is in the absence of convincing

¹Hkkx II—[k.M 3(ii)º

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6757

evidence, the Enquiry Officer has relied upon the

elimination process resorted to by MW1 and concluded

that the petitioner must have been the person responsible

for the incident. There is no legal basis for arriving at

such conclusion.

19.

It has been brought out that the proceedings had

been initiated against the petitioner on previous occasions.

However, it has come out that all these were for

unauthorized absence from duty. MW2 has admitted

during his cross-examination that there was no previous

instance of misappropriation of cash by the petitioner. So

the Management could not justify the charge based on

any previous incident also. There is no basis for the

finding arrived at by the Enquiry Officer on Charge No. 1.

The finding on the charge is to be set aside.

20.

There is also a charge against the petitioner that on

26.04.2006 he demanded and received illegal gratification

of Rs. 100/- from one Kamalam, a customer of the branch.

To prove this incident, MW3 and MW5 were relied upon.

MW3 who had worked as Assistant Manager at Valparai

Branch earlier has stated that the petitioner had taken

bribe from Kamalam. He has further stated that the

petitioner had admitted his mistake and had assured that

he would not repeat the mistake. MW5 is also a previous

Assistant Branch Manager at Valparai Branch. He has

stated that a report was given from the branch to the Circle

Office regarding the incident of the petitioner taking bribe.

A complaint said to have been given by Kamalam regarding

the incident also was produced in the enquiry proceedings.

The case of the petitioner himself is that on account of

some emergency the Kamalam who had been to the bank

had obtained a loan of Rs. 100/- from him and she has

returned this amount to him when her pension amount

was credited to her account. Kamalam, who allegedly paid

bribe herself has been examined as DW2 on behalf of the

petitioner herein, in the enquiry proceedings. She has

denied to have paid any bribe to the petitioner. She has

supported the case of the petitioner that she was only

repaying the loan that was taken from the petitioner. When

the person concerned herself has come and stated that

she has not given any bribe and the petitioner has not

accepted any bribe there is no necessity to disbelieve this

version.

21.

More than the fact that DW2 supports the case of

the petitioner, the fact that no action has been taken by

the Management against the petitioner until 06.10.2009

regarding the incident that had allegedly occurred on

26.04.2006 weakens the case of the Management. In Ext.W3,

the Suspension Order dated 06.10.2009 it is stated that the

petitioner had taken bribe of Rs. 100/- from Kamalam on

26.04.2006. It is for this reason the petitioner was suspended

from service by Ext.W3-Suspension Order. The suspension

is much after 20.04.2009 on which date shortage was

noticed in Till Cash yet. There is no reference to this

incident in Ext.W3. By Ext.W4 the suspension was

extended on the basis of the alleged misappropriation of

the Rs. 13,000/- by removal of notes from the sections

also. It is clear from the evidence that no action has been

taken by the Management based on the alleged complaint

that was received from Kamalam. The incident seems to

have been dropped by the Management. It must have

been either for the reason that they were aware that the

petitioner had not committed the misconduct of receiving

bribe or because they have decided to drop the issue for

the reason not known. In either case, there was no reason

for the Management to take up the matter that had

allegedly occurred three years earlier and furnish a charge

sheet on the petitioner regarding that also. Probably the

Management might have been under the impression that

this will strengthen the other charges. There is no

justification for the finding of the Enquiry Officer that the

charge of acceptance of bribe by the petitioner is proved.

22.

The last charge against the petitioner is that while

holding the cash safe keys of the branch, the petitioner

had proceeded out of station on 18.04.2009 without first

handing over the keys and he had not reported for duty in

time on 19.04.2009 but reached office only by 12.40 PM on

19.04.2009 and this uninformed abstention from duty while

holding the keys resulted in detriment to the customer

service rendered at the branch. Admittedly, the petitioner

was holding the keys of the cash safe on 18.04.2009. Even

though the keys were with him and he had reached the

Bank on 19.04.2009 only by 12.40 PM, admittedly, the

argument that is advanced on behalf of the petitioner is

that it is not uninformed abstention from duty. According

to the Authorized Representative, the permission was

obtained from the Manager of the Bank. It has been argued

by him that such permission having been obtained there

is no basis for the charge at all.

23.

MW2, the Branch Manager has stated during his

examination that the petitioner had informed him on

18.04.2009 that he would be coming late by 10 minutes on

the next day i.e. 19.04.2009. According to MW2, by the

time the petitioner gave this information it was 07.30 PM

and all other staff had already left and the petitioner was

also about to leave. According to him normally the petitioner

would be reaching the bank at 10.05 in the morning. So he

had not treated it as a serious issue. Even then he had told

the petitioner that because 19.04.2009 was a Sunday

(Sunday was working day for the branch) there would be

heavy work and had instructed him to come by 10.10 AM.

The petitioner had failed to reach in time. Even as seen

from the evidence of MW2, at 10.00 AM on 19.04.2009 the

petitioner had telephoned him and had told him that he

would be reaching by 10.30 AM. So he had asked the

Receipt Cashier to manage the cash counter till the

petitioner reached. By 11.15 or 11.30 AM the petitioner

6758

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

had called again and had informed that he was getting

delayed since the vehicle had broken down. MW6 having

found that there is a crowd of customers had agreed to

take the cash from the Receipt Cashier. The petitioner

reached the branch only at 12.40 PM. MW2 had

instructed the petitioner to handover the key to MW6.

According to him the petitioner had not handed over the

key immediately and it was only on further instruction

that he handed over the key to MW6.

24.

It has been argued on behalf of the petitioner that

the petitioner having informed the previous day itself that

he would be coming late and having informed his inability

to reach even at 10.10 AM due to reasons beyond his

control, it was not a case of uninformed abstention.

25.

No doubt the petitioner had informed the Branch

Manager that he would be late by 10 minutes. However,

what he has not informed is that he would be leaving the

station. It has come out in evidence that the petitioner

had left the station and had travelled upto Perur 120 kms

away from Valparai branch to attend the death ceremony

of his wife. It is clear from the evidence of MW2 that he

had taken the information given by the petitioner only as

a delay of 10 minutes in reaching the office. He did not

take it seriously as the petitioner was in the habit of

reaching the office by 10.00 or 10.05 only in the morning.

It has been argued on behalf of the petitioner that MW2

was given information that the petitioner would be leaving

the station. But this does not seem to be true when the

circumstances are taken into account. What the petitioner

has stated during his examination as DW1 is that he had

told MW2 that his wife’s death ceremony is to held at

Perur on the next day and he would be coming late by 10

minutes. According to him, he had asked for permission

on account of this. This case of the petitioner is false as

seen from the very explanation given by him to the Charge

Sheet and marked as Ext.W2. In Ext.W2 he had referred

to his dead wife as a “close relative” . If he did not want

to disclose even in Ext.W2 that the person who died was

his wife, it is unlikely he had informed MW2 that he was

leaving the station to attend the ceremony in connection

with the death of his wife. Prabably, there was sufficient

reason for t6he petitioner to keep the fact concealed. He

had been separated from his wife for several years and

probably did not want to disclose the news of death of

his wife to his colleagues. Probably, that may be why he

decided to come back and attend the office on the same

day, taking so much effort. If MW2 had any hint that the

petitioner was leaving the station and travelling to a

destination 120 miles away he would not have taken the

chance of retaining the keys of the cash safe with the

petitioner. The petitioner certainly was duty bound to

entrust the keys to the Manager in advance to see that

the work on the next day will not suffer on account of the

delay in his reaching the office. Merely because he had

informed MW2 during his journey about the delay, his act

could not be justified. If he had told the truth to MW2 and

that also in advance or if he had at least informed MW2

that he would be leaving the station, MW2 could have

made alternate arrangement regarding custody of the keys.

So certainly the petitioner was at fault in not giving

information to MW2 before he proceeded out of station

and reaching the office at 12.40 PM only.

26.

The misconduct of uninformed abstention from duty

is a minor misconduct and is not liable to be visited with

the punishment of discharge from service. Some minor

punishment would have been sufficient for the misconduct.

Now the petitioner who had been without work after he

was discharged from service is sufficiently punished for

the said misconduct.

27.

Charges 1 and 2 having been found not established,

the petitioner is entitled to be reinstated in service.

28.

The respondent is directed to reinstate the petitioner

in service within two months with 50% back wages which

would carry interest @ 9% per annum if not paid within

two months.

The reference is answered accordingly.

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

corrected and pronounced by me in the open court on this

day the 24th September, 2014)

K. P. PRASANNA KUMARI, Presiding Officer

Appearance:

For the 1st Party/

: WW1, Sri A. Rajendran

Petitioner

For the 2nd Party/

: None

Management

Documents Marked :

On the petitioner’s side

Ex.No.

Date

Description

Ex.W1

12.10.2009

Charge Sheet No. CO:CBE:VG:

288:2009-10 issued to Sri A.

Rajendran

Ex.W2

10.11.2009

Reply to the Charge Sheet

Ex.W3

06.10.2009

Letter No. CO:CBE:VG:285: 2009-

10 suspending Sri A. Rajendran

Ex.W4

12.10.2009

Letter No. CO:CBE:VG:CS:

286:2009-10

Ex.W5

18.03.2010

Proceedings of the departmental

19.03.2010

enquiry against Sri A. Rajendran

Ex.W6

20.01.2010

List of management exhibits

alongwith copies of management

exhibits and defence exhibit

Ex.W7

12.04.2010

Written brief of Presenting Officer

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6759

Ex.W8

08.05.2010

Defence summing up by the

defense representative alongwith

enclosure

Ex.W9

09.06.2010

Letter from CO/Coimbatore

CO:CBE:VG:597:2009-10

enclosing the findings of the

Enquiry Officer

Ex.W10

28.06.2010 Comments on Enquiry Officer’s

findings

Ex.W11

16.08.2010 Second Show Cause Notice

issued by AGM/Disciplinary

Authority CO:CBE:VG:529:

2009-10

Ex.W12

24.08.2010 Reply to the Second Show Cause

Notice

Ex.W13

30.08.2010 Speaking orders of Assistant

General Manager/Disciplinary

Authority,

Circle

Office,

Coimbatore

Ex.W14

30.09.2010 Appeal submitted by Sri A.

Rajendran to Deputy General

Manager/Appellate Authority

Ex.W15

25.06.2011

Orders of the Deputy General

Manager/Appellate Authority

Ex.W16

28.10.2011

Petition under 2(A) of ID Act

Ex.W17

31.01.2012 Counter submitted by the

management for the ID

Ex.W18

26.05.2012 Rejoinder by Sri A. Rajendran

Ex.W19

10.08.2012 Reply to the rejoinder

On the Management’s side

Ex.No.

Date

Description

Ex.M1

26.08.2010 Proceedings of personal hearing

before the Disciplinary

Authority

Ex.M2

07.06.2011

Proceedings of personal hearing

before the Appellate Authority

Ex.M3

31.03.1994 Letter from the Respondent to

Petitioner awarding punishment

of stoppage of one increment

without cumulative effect in

respect

of

Disciplinary

Proceedings initiated against the

petitioner (Ref. ZO/VG/108/94)

Ex.M4

07.01.1998 Letter from Bank to Petitioner

advising to be more cautious in

future to avoid frequent

unauthorized absence (Ref. ZO/

CBE/BPS/98/25

dated

07.01.1998)

Ex.M5

24.03.2000

Letter from Bank to Petitioner

cautioning to avoid unauthorized

absence in future (Ref. ZO/PRNL/

SS-42/99-2000)

Ex.M6

27.03.2001

Letter from Bank to Petitioner

cautioning and advising not to

resort to absent without obtaining

leave – 122 days unauthorized

absence (Ref. RO/CEBE/DP-

2001/45)

Ex.M7

07.01.2005 Awarding

punishment

of

stoppage of one increment with

cumulative effect and proven

charge in respect of Charge No.

1 and 2, warning in respect of

Charge No. 3 and recording

adverse remarks in Service

register in respect of proven

Charge No. 4 – in respect of

charge sheet issued to Petitioner

under reference CO/CBE/DP/

2003-61 dated 10.10.2003

Ex.M8

25.02.2008 Orders of AGM/Disciplinary

Authority in respect of Charge

Sheet CO/CBE/VG/77/2007-

2008 dated 25.02.2008 regarding

issue of Cheque No. 487829

dated 12.07.2003 returned for

want of sufficient funds –

punishment recording on adverse

remarks in his Service Register

Ex.M9

25.02.2008 Orders of AGM/Disciplinary

Authority in respect of Charge

Sheet CO/CBE/VG/78-2007-

2008 dated 28.04.2007 in respect

of issuing Cheque No. 499707

dated 21.08.2003 for Rs. 22,000/

- - returned for want of sufficient

funds – punishment – making

entry of adverse remarks in

Service Register.

Ex.M10

25.02.2008 In respect of Charge Sheet CO-

CBE-VG-75A-2007-08 dated

25.02.2008

by

AGM/DA

awarding

punishment

of

recording adverse remarks in

Service Register

Ex.M11

05.03.2008 Òrder of AGM/DA in respect of

Charge Sheet CO/CBE/VG/76A-

2007-08 dated 23.05.2007

awarding punishment to bring

down in lower stage in the scale

of pay in 2 stages with cumulative

effect

6760

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

Ex.M12

08.05.2008

Order of Appellate Authority in

respect of the above charge sheet

– modifying the punishment as

bringing down in lower stage in

the scale of pay by one stage.

Ex.M13

25.07.2008

In respect of Charge Sheet – CO/

CBE/VG/36/2009-10 dated

27.04.2009 – in respect of

unauthorized absence during

various period from 05.02.2013

to 24.07.2004 etc. (Ref. DP

Proceedings in respect of charge

sheet dated 25.07.2009 was kept

in abeyance in view of his

dismissal from service vide order

dated 30.08.2010)

ubZ fnYyh] 9 vDrwcj] 2014

dk-vk- 2714-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj cSad vkWiQ

cM+kSnk ds izcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp

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vfèkdj.k@Je U;k;ky; gSnjkckn ds iapkV (lanHkZ la[;k 150@2004)

dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 09&10&2014 dks

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¹la- ,y&12011@74@2004&vkbZvkj (ch&II)º

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New Delhi, the 9th October, 2014

S.O.

2714.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 150/

2004) of the Cent. Govt. Indus. Tribunal-cum-Labour Court,

Hyderabad as shown in the Annexure, in the industrial

dispute between the management of Bank of Baroda and

their workmen, received by the Central Government on

09/10/2014.

[No. L-12011/74/2004-IR (B-II)]

RAVI KUMAR, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

AT HYDERABAD

Present : Smt. M. Vijaya Lakshmi, Presiding Officer

Dated the 10th day September, 2014

INDUSTRIAL DISPUTE No. 150/2004

Between :

The General Secretary,

Bank of Baroda Staff Union, Andhra Pradesh,

C/o Bank of Baroda, 155, Sikh Road,

Opp. AWHO Colony, Sector-C, Bowenpally,

Secunderabad – 500009.

.....Petitioner

AND

The Asst. General Manager,

Bank of Baroda,

Regional Office, Hyderabad Business Centre,

Old MLA Quarters Road, Basheerbagh,

Hyderabad – 500 029.

.....Respondent

Appearances:

For the Petitioner

: M/s. K. Rama Reddy &

Y. Ranjit Reddy, Advocates

For the Respondent : M/s. K. Srinivasa Murthy,

V. Umadevi, Adibabu,

Praveen & Sanjay, Advocates

AWARD

Vide order No. L-12011/74/2004-IR(B-II) dated

18.8.2004 of Government of India, Ministry of Labour and

Employment, New Delhi a reference is made to this Tribunal

calling upon it to give its award on the question,

“Whether the action of the Management of the Bank

of Baroda, Regional Office, Andhra Pradesh by

ordering of recovery of amount in respect of the

workmen (S/Sh. G. Ch. Demudu, Ch. Harinath,

Kondala Rao, K. Appa Rao, P. V. Ramana, D.V.L.N.

Murthy) on the ground of excess reimbursement /

double expenses is legal and justified? If not, what

relief are the workmen concerned entitled to?”

On receiving the reference, both the Petitioner union

and the Respondent Management were notified of the

same. Both of them appeared before this Tribunal and

engaged their respective counsels with the consent of

each other and leave of the Tribunal.

2.

The Petitioner union filed their claim statement

with the averments in brief as follows:-

The present petition is in respect of illegal deduction

of certain amounts under the guise of “wrong payments”

from the salary of three members of the Petitioner union

working in various branches / offices the details of which

are given here under:

Sl.

Name of the

Branch

Amount

Resp. Lr No.

No.

Employee/

recovered `

and Date

Member

1.

G. Ch. Demudu

Asilmitta,

8,400-00

19.9.2003

Vizag

2

Ch. Harinath

Vadlapudi

520-00

-do-

3

Kondal Rao

-do-

40,200-00

-do-

4

K. Appa Rao

-do-

6,370-00

-do-

5

P.V. Ramana

MVP Colony 17,860-00

-do-

6

DVLN Murthy

Vizag Main

300-00

-do-

The Respondent bank enclosed a chart while issuing

letters to the employees while effecting recovery of the

amounts under the guise of wrong payments. The said

charts are containing the dates and alleged amounts paid

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6761

to each of the employees but the same are neither

exhaustive nor explicit. On the other hand they show that

the amounts were paid almost five or six years prior to the

date of giving notice. During the conciliation proceedings

the Assistant Labour Commissioner (Central),

Visakhapatnam vide his notice dated 22.12.2003 advised

the Respondent bank not to alter the conditions of service

of the connected workmen in terms of the obligations

imposed on the employer under Sec.33 of the Industrial

Disputes Act, 1947. Inspite of it, Respondent bank

resorted to recovery of the alleged wrong payments while

the dispute raised by the Petitioner union has been

pending conciliation exhibiting scanned respect in the law.

With vindictive mind Respondent bank is resorting to

recovery of the amounts without heeding the requests

made by the employees to reconsider their decision. The

order of recovery is baseless and the allegations are

unfounded. Respondent bank neither given any prior notice

nor hearing to the affected employees to enable them to

know how the Respondent bank has come to the

conclusion that payments were illegal. Thus, the action

of the Respondent bank is illegal, arbitrary and against

the law and in violation of principles of natural justice.

The details of amounts such as the heads of account under

which the amounts were claimed by the employees and

were sought to be recovered, were not given. The

Respondent bank failed to realise that every payment has

been duly authorised by not less than two officers of the

bank and that more than 40 officers/Managers were

involved in the process of authorisation of the alleged

wrong payments over the period of five-six years.

Respondent bank failed to provide the details/log book of

the alleged van engaged by the bank for the exclusive

purpose of cash remittance and also the vouchers

submitted by the employees pertaining to each of

payments. The so called report submitted by the security

official of the bank basing on which the alleged recovery

was ordered, is not furnished. The said security official

never met the employees to question them regarding the

various payments during the investigation. The report

was submitted behind the back of the employees

concerned. The profit and loss account in which the

alleged payments were accounted for year after the year

were audited from time to time by the officials of the

Respondent bank and the other statutory organizations

and the accounts were finalised year after the year and the

balance sheets for the respective financial years were also

drawn by the bank and submitted to RBI, for their scrutiny,

duly audited and certified by the auditors that every

account is drawn as per the norms of the bank. Therefore,

the letters of the first Respondent dated 19.9.2003 issued

to the employees mentioned in the reference are to be

quashed and a direction is to be issued to the first

Respondent to refund the illegally recovered amounts with

suitable interest and pass other suitable orders.

3.

The Respondent Management filed their counter

with the averments in brief as follows:-

The Petitioner union is seeking a recourse to an

administrative action taken by the Respondent bank in

respect of its employees in their individual capacity which

is not maintainable. The individual employees while

working in Vadlapudi branch of the bank made certain

claims of reimbursement of conveyance and out of pocket

expenses against their entitlement. The issue of

reimbursement of any expenses can arise only when it has

actually been borne. But, the given employees who

claimed and received reimbursement of conveyance

expenses had not incurred any such expenses either by

way of using their own vehicle or through hired vehicle

instead they travelled by the transport provided by the

bank. The bank hired a van for the purpose of providing

conveyance to staff travelling on official work as well as

cash remittances. While making use of the said company

provided transport the employees had submitted bills

seeking for reimbursement of conveyance expenses or out

of pocket expenses at the rate of Rs.150/- per day which is

illegal. Thus, they are wrong claims. Instead of initiating

disciplinary proceedings for such wrong doing the bank

decided only to recover the wrong payments made to them

in easy instalments after communicating the same to them.

But the union has raised an issue before the conciliation

officer, but it could not be conciliated as the employees

made a false claim with full knowledge of their

disentitlement. The contention that bank has no right to

effect recoveries of wrong payments made belatedly is

not correct as it is a minimum logical assumption that such

things can be effected only upon finding such anomalies.

There can not be any time limit for the same. Detailed

submissions were made before conciliation officer by the

bank. The contentions raised before the conciliation

officer that,

a.

The said amounts were not incurred as expenses by

the beneficiaries.

b.

The vehicle was provided by the bank.

c.

No provision existed for payment of out of pocket

expenses.

d.

Even when other banks/branches remitted cash to

the Vadlapudi Branch, wherein no role of staff of

Vadlapudi Branch was involved, then also amounts

were paid to them.

The bank never made any alterations in service

conditions of the employees during the pendency of the

dispute as alleged in the petition. Bank has given prior

notice and an opportunity of hearing to the employees

before effecting the recovery. The information relating to

the wrong claims together with the respective dates and

amounts has been furnished. The same is more than

sufficient to satisfy the employees about the wrong claims

6762

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

made by them and to effect recovery of the same.

Employees are not eligible for anything wrongly claimed

and it does not matter whether an officer who has passed

the vouchers had seen it or not before signing the voucher

since such things are done in good faith as they were

also co-employees. When wrong claims are faced it is to

be rectified. The bank being a public sector bank can not

over look such illegal payments. The Petitioner union

can not make a flimsy allegation that the log book does

not show details irrelevant. The log book will be

maintained for the purpose of running the kilometres and

consumption of fuel and also to note the details of people

who were carried to which destination and for what

purpose. The security and vigilance reports form part

of privileged documents which can be used only by

Management. The facts relating to the false claims were

clearly mentioned and it can never be said that report

was submitted behind the back of the employees. It is

only a case of false claim and subsequent recovery from

the individual employees and the petition is liable to be

dismissed.

4.

To substantiate the claim of the Petitioner WW1

was examined and Ex. W1 to W7 were marked. On behalf

of the Respondent Management MW1 was examined. No

documents were marked for the Respondent Management.

5.

Heard the arguments of either party. Written

arguments were also filed by either party and the same

are considered.

6.

The points that arise for determination are:-

I.

Whether the order passed by the Respondent

Management ordering for recovery of amount in

respect of the workmen S/Sh. G. Ch. Demudu, Ch.

Harinath, Kondala Rao, K. Appa Rao, P. V.

Ramana, D.V.L.N. Murthy on the ground of excess

reimbursement /double expenses/ wrong payment

is legal and justified?

II.

To what relief the workmen are entitled to?

7. Point No. I :

It is an admitted fact that the Respondent

Management ordered for recovery of the amounts as

mentioned in the claim statement from the workmen

concerned as described in the claim statement. It is also

an admitted fact that the said amounts were recovered

from the salaries of the respective workmen even after

the dispute was raised by the Petitioner union before the

conciliation officer.

8.

It is the contention of the Petitioner that the said

recovery is illegal and unjustified and that without giving

prior notice and hearing to the concerned workmen the

said recovery was effected arbitrarily. Whereas it is the

contention of the Management that the said amounts were

wrongly and without entitlement claimed and received

by the concerned workmen and thus the recovery is

justified and correct. It is also their contention that prior

notice and hearing were accorded to the workmen.

9.

Now, it is to be verified whether there is any prior

notice and hearing. The prior notice given by the

Management according to them are Ex.W2 to W7, i.e.,

the impugned orders, under which the recovery has been

ordered. Thus, it can not be termed as a prior notice.

This is the final order itself but, not a notice whereunder

an opportunity has been accorded to the concerned

workmen to explain/set out their defence/to state the

reason why recovery shall not take place. There is no

record to show that there has been prior hearing

opportunity was provided to the workmen to state their

contentions to the Disciplinary Authority / Management.

Thus, it can clearly be seen that without providing any

prior notice and prior hearing the Management has taken

the decision to recover the amounts, claiming that they

are wrong payments made to the workmen. This is

certainly in clear violation of principles of natural justice

and thus, it is an arbitrary and unjustified order.

10.

It is the contention of the Management that there

has been a van provided by the Respondent bank and

thus, the workmen would not have incurred the

expenditure and thus, there was no need for any

reimbursement and inspite of it they claimed the

reimbursement and got it and thus, it is a wrong payment.

But, inspite of specifically questioning MW1 regarding

it and specific plea being raised by the Petitioner union

in the claim statement, the particulars of the van said to

have been provided by the bank are not given. Further,

the Petitioner pressed for production of the log book but

it is not produced. Reasons for non-production of the

same and non-revealing of the particulars of the van are

not given. Thus, it is to be deemed that the contentions

of the Respondent Management that there has been a

van provided and that it has been utilised by the workmen

for discharging their official duties is not correct. Thus,

the contention of the Respondent Management that the

expenses were not actually incurred and there was no

entitlement for the reimbursement is not correct.

11.

It is an admitted fact that atleast two senior officers

will be scrutinizing the vouchers and passing of the same

before the reimbursement of the amounts be done in the

bank. In such case if there is no entitlement at all for

payment of out of pocket expenses, the reimbursement

would not at all have been done. But in this case after

due scrutiny the payments were made long prior to the

ordering of the recovery. In such case the contentions of

the Respondent bank that there is no entitlement at all

and that out good faith the scrutiny officers have passed

the vouchers, is not an acceptable version. It is not the

case of the Respondent bank that any action has been

taken against the officers who scrutinized the vouchers

¹Hkkx II—[k.M 3(ii)º

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6763

and passed the same. Further, there is no answer for the

contention of the Petitioner that there was regular audit of

the bank accounts in each and every financial year by the

officials of the Respondent bank and other statutory

organizations and that the accounts finalised year after

year and the Respective balance sheets for each financial

year were also drawn by the bank and submitted to the

RBI, for their scrutiny duly audited and certified by the

auditors that every account is drawn as per the norms of

the bank. In such case, how a security officer’s report

could point out the incorrectness of the reimbursement of

the amounts of the workmen all of a sudden and after

lapse of substantial period from the dates of reimbursement

is a question which shall be answered and explained to

the workmen. The security officer’s report which lead to

the recovery must be revealed to the affected workmen as

they are entitled to know the reason why the recovery

was ordered. But it was not done and the workmen are

kept in dark.

12.

In view of the fore gone discussion, it can clearly be

seen that the impugned orders dated 19.9.2003 are arbitrary,

unjust and are in violation of principles of natural justice

and they are liable to be set aside.

This point is answered accordingly.

13.

Point No.II:

In view of the finding given in point No.I above, the

recovery of the amounts made by the Respondent

Management from the respective salary of the workmen

herein is not at all justified and thus, the said amount

shall be refunded to the workmen by the Respondent

Management with interest at the rate of 6% per annum

from the date of recovery to the date of refund.

This point is answered accordingly.

Result :

In the result the reference is answered as follows:

The action of the Management of the Bank of Baroda,

Regional Office, A.P. / Management in ordering recovery

of amount in respect of the workmen, S/Sh. G.Ch. Demudu,

Ch. Harinath, Kondala Rao, K. Appa Rao, P. V. Ramana,

D.V.L.N. Murthy on the ground of excess reimbursement/

double expenses/wrong payment is neither legal nor

justified. Thus, the said orders dated 19.9.2003 are hereby

set aside. These six workmen shall be refunded with the

amounts recovered from their respective salaries together

with interest at the rate of 6% per annum from the date of

recovery to the date of refund.

Award is passed accordingly. Transmit.

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

Personal Assistant and corrected by me on this the 10th

day of September, 2014.

M. VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence :

Witnesses examined

Witnesses examined

for the Petitioner

for the Respondent

WW1: Sri Y. Jankiram

MW1: Sri B. Priya Kumar

Documents marked for the Petitioner

Ex.W1 :

Photostat copy of lr. No.7/11/2003-ALC

dt.22.12.2003

Ex.W2 :

Photostat copy of Respondent bank’s lr. to

Sri G.Ch. Demudu dt.19.9.2003

Ex.W3 :

Photostat copy of Respondent bank’s lr.

Sri D.V.L.N. Murthy dt.19.9.2003

Ex.W4 :

Photostat copy of Respondent bank’s lr.

Sri K. Appa Rao dt.19.9.2003

Ex.W5 :

Photostat copy of Respondent bank’s lr.

Sri P.V. Ramana dt.19.9.2003

Ex.W6 :

Photostat copy of Respondent bank’s lr.

Sri Kondal Rao dt.19.9.2003

Ex.W7:

Photostat copy of Respondent bank’s lr.

Sri Ch. Harinath

dt.19.9.2003

Documents marked for the Respondent

NIL

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New Delhi, the 9th October, 2014

S.O.

2715.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 41/2006)

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

Hyderabad as shown in the Annexure, in the industrial

dispute between the management of Indian Overseas Bank

and their workmen, received by the Central Government

on 09/10/2014.

[No. L-12012/32/2006-IR (B-II)]

RAVI KUMAR, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL CUM LABOUR COURT

AT HYDERABAD

Present : Smt. M. Vijaya Lakshmi, Presiding Officer

Dated the 11th day of September, 2014

6764

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

INDUSTRIAL DISPUTE No. 41/2006

Between:

Smt. P. Samrajya Laxmi,

D.No.26-13-4, A.T. Agraharam,

4th Lane Ending, Malla Reddy Nagar,

State Bank Colony,

Guntur – 522004.

.....Petitioner

AND

The Regional Manager,

Indian Overseas Bank,

Regional Office,

Benz Circle,

Vijayawada.

.....Respondent

Appearances:

For the Petitioner

: Sri William Burra, Advocate

For the Respondent : M/s. K. Suryanarayana,

C. Sridhar, S. Srikanth &

G. Narasimha, Advocates

AWARD

Vide proceeding No. L-12012/32/2006-IR(B-II)

dated 20.7.2006, Government of India, Ministry of

Labour and Employment, New Delhi made a reference

to this Tribunal requiring this Tribunal to give its award

on the question,

“Whether the action of the Management of Indian

Overseas Bank, in removing the services of Smt.

P. Samrajya Laxmi, Ex. Messenger of Guntur

branch from service is justified or not? If not, what

relief the individual is entitled to?”

On receiving the said reference this Tribunal

notified the workman Smt. P. Samrajya Laxmi and also

the Management of Indian Overseas Bank, Vijayawada

Region. Both the parties appeared before the Tribunal

and engaged their respective counsels with the consent

of each other and the leave of the Tribunal.

2.

Smt. P. Samrajya Laxmi the workman, has filed

her claim statement with averments in brief as follows:

The workman was appointed as messenger on

18.8.1997 on compassionate grounds since her husband

died on 24.6.1996 while in service of the bank. She has

been attending to her duties regularly and without any

bad remark. While so, she fell ill due to lung disease in

March, 1999. She suffered acute breathelessness and

unable to walk due to exertion and attendant problems.

She took prolonged treatment for about 6 months. She

informed of the same to the Respondent bank orally and

requested them to grant leave as per rules in force. On

completion of the treatment she reported to duty in

November, 1999 with a doctor’s certificate. But due to

her ill-luck the Respondent has treated the entire period

as unauthorized absence and issued show cause notice

dated 24.7.2000 proposing the punishment of compulsory

retirement from bank’s service under Clause 17.6(b) of

Bipartite settlement dated 14.12.1996. Later she was

removed from service by the Disciplinary Authority on

31.3.2003 awarding penalty of removal service with

superannuation benefits, i.e., pension and/or Provident

fund and gratuity as would be due otherwise under the

rules and regulations prevailing at the relevant time and

without disqualification from future employment”, in

terms of 6.6(b) of bipartite settlement dated 10.4.2004.

Aggrieved by the same she preferred an appeal to the

Appellate Authority but the Appellate Authority

confirmed the punishment awarded by the Disciplinary

Authority. Thereon she approached the Labour

Commissioner (C), Vijayawada who tried to resolve the

dispute amicably but in vain. Thereafter reference is made

by the Government of India. Respondent bank

deliberately made false charge that the workman was

absent unauthorizedly even though she and her sons

periodically informed about her sickness. If such oral

information is not satisfactory Respondent should have

issued a letter directing the workman to submit written

application or other requirements if any. The intentions

of the Respondent bank appear to be waiting for an

opportunity to throw her out of employment. She is an

illiterate person and not knowing the rules and regulations

did not submit the written application for grant of leave.

She has not committed any grave mistake warranting

compulsory retirement. The earlier awarded punishment

was stoppage of two future increments with cumulative

effect vide chargesheet/order dated 26.11.1999.

Evidently the Management bore grudge and enhanced

the punishment to compulsory retirement which is illegal,

arbitrary and against the rules and regulations and also

against principles of natural justice. The said punishment

is disproportionate to the offence committed by the

workman. Hence, the order dated 31.3.2003 is liable to

be quashed. The workman is entitled for reinstatement

from the date of termination with full back wages,

continuity of service and other attendant benefits.

3.

Respondent filed their counter with averments

in brief as follows:

The services of the workman who has been given

compassionate appointment were confirmed on

18.2.1998. She was in the habit of taking unauthorised

leave and was continuously on loss of pay for months

together. She did not change her attitude and refrained

from availing unauthorised absence inspite of several

letters, reminders etc.. She was given chargesheet on

26.11.1999 for her unauthorised absence after conducting

domestic enquiry as per procedure and after giving

personal hearing and show cause notice the workman

was awarded with the punishment stoppage of two future

increments with cumulative effect vide order dated

¹Hkkx II—[k.M 3(ii)º

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6765

7.5.2001. Inspite of the same she continued to be absent

to her duties though several letters, reminders and

warnings were issued to her. Thus, she was again

chargesheeted on 8.7.2002 and again domestic enquiry

was conducted against her as per procedure. Personal

hearing and show cause notice were issued to her.

Thereafter the punishment of removal from service with

superannuation benefits was awarded to her vide order

dated 31.3.2003 and the same was confirmed by the

Appellate Authority vide order dated 8.7.2003. She raised

the present industrial dispute challenging the said order.

To the various letters addressed by the bank to the

workman, she did not give any reply. During the domestic

enquiries conducted against her she admitted her guilt

regarding the charge of unauthorised absence and wilful

insubordination and disobeying lawful and reasonable

orders. After extensively going through the record of

the workman and her case, enquiry proceedings, show

cause notice and personal hearing the Disciplinary

Authority awarded the punishment of removal from

service with the superannuation benefits which has been

confirmed by the Appellate Authority on duly considering

the material on record. There is no violation of principles

of natural justice in this case. The procedure has been

scrupulously followed by the Disciplinary Authority and

Appellate Authority. The workman has been given

various opportunities but for no purpose. She did not

change her habit of unauthorised absence. In the said

circumstances, having no other option her services were

terminated by removing her from service with

superannuation benefits. The workman has no right of

seeking employment in any manner, the claim is liable

to be dismissed.

4.

Along with the counter the Respondent

Management produced the entire record of domestic

enquiry proceedings and the same is perused. The

workman also produced the documents like chargesheet

dated 26.11.1999, order of Disciplinary Authority dated

31.3.2003, the Appellate order dated 8.7.2003, the

representations and applications made by her and a bunch

of medical record and the same are perused.

5.

Since, the Petitioner reported that she is not

disputing regarding the validity of domestic enquiry the

same is held as valid by virtue of the order dated

29.4.2013.

6.

Heard the arguments under Sec.11A of the

Industrial Disputes Act, 1947. Written arguments are

also filed for the workman and the same are considered.

7.

The points that arise for determination are:

I.

Whether the action of the Management of the

Respondent bank in removing the workman from

service is justified or not?

II.

To what relief the workman is entitled to?

8.

Point No.I:

The very admitted facts of this case indicate that

Smt. P. Samrajya Laxmi, the workman has been

continuously absent from duties for months together and

she failed to apply for grant of any kind of leave for

these periods. The Respondent bank was constrained to

issue several letters to her requiring her to report to the

duty but without any response from the workman. When

the Respondent bank issued a letter to the workman to

report to duty within 30 days from the date of receipt of

letter dated 4.11.1999 otherwise it would be deemed that

she has voluntarily retired from service on her own

accord, the workman who has been unauthorizedly absent

from service from 17.3.1999 to 7.9.1999, reported duty

on 8.9.1999 and submitted a letter of undertaking not to

be absent from duty unauthorizedly thereafter.

9.

But again she unauthorizedly absented herself from

duty during the months of September, October and

November, 1999 which resulted into issuance of the first

chargesheet dated 26.11.1999. Regular departmental

enquiry was conducted against her and she duly

participated in the said enquiry. After giving due

opportunity to her the Respondent bank awarded the

punishment of stoppage of two future increments with

cumulative effect to her.

10.

Even there after as she was unauthorizedly absenting

herself from duties the Respondent bank was constrained

to issue the second chargesheet dated 8.7.2002, after

giving due opportunity to her to improve her conduct but

in vain. Thereafter, a regular domestic enquiry was again

conducted against the workman giving her due

opportunity. She participated in the said enquiry and

after duly hearing her and considering the material on

record the impugned order dated 31.3.2003 has been passed

by the Disciplinary Authority which has been confirmed

by the Appellate Authority. All these aspects are being

considered as admitted facts, since the workman failed to

say anything contra in her claim statement.

11.

Further more, a fact to be noted is that the workman

has made an effort to conceal the true facts in her claim

statement by stating that consequent to show cause notice

dated 24.7.2000, the order dated 31.3.2003 was passed

which is far from truth as can be gathered from the

material on record. Show cause notice dated 24.7.2000

is in connection with the first enquiry conducted against

the workman in which the punishment of stoppage of

two future increments with cumulative effect, has been

awarded. The order dated 31.3.2003 has been passed

against the workman, after conducting second domestic

enquiry against her, since she was continuously absenting

herself from her duties even after the earlier departmental

enquiry and awarding punishment and after giving

several other opportunities to improve her conduct by

addressing letters again and again by the Respondent

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[PART II—SEC. 3(ii)]

bank. Thus, there is no truth in the contentions of the

workman that the Respondent bank issued show cause

notice dated 24.7.2000 proposing the punishment of

compulsory retirement from bank’s service and later she

was removed from service by the Disciplinary Authority

on 31.3.2003. These two proceedings are pertaining to

two different disciplinary proceedings initiated against

the workman by the Respondent bank in connection with

two different spells of unauthorised absence from duty

on the part of the workman.

12.

The material on record goes to show that the

Respondent bank has indulged the workman by giving

opportunity time and again to change her ways and

improve her conduct by addressing several letters, giving

several warnings, accepting her undertakings which were

not actually honoured by her, but inspite of it as she

failed to change her ways and improve her conduct by

refraining herself from being unauthorizedly absent from

duties, the Respondent bank was constrained to initiate

disciplinary proceeding against her time and again. In the

first domestic enquiry also she has been shown

indulgence by awarding lesser punishment that is,

stoppage of two future increments with cumulative effect,

but the said punishment also could not cure the ways of

the workman. she was again continuously absenting

herself from duty unauthorizedly which resulted into the

initiation of second domestic enquiry in which the

impugned order has been passed.

13.

Learned Counsel for the Petitioner is contending

that the removal from service is not proportionate

punishment to the charges levelled and proved against

the workman and that such grave penalty ought not to

have been imposed when different categories of penalty

can be imposed in respect of the misconduct committed

by the workman. in this regard he is relying upon the

principles laid down in the cases of : R.M. Parmar Vs.

Gujarat Electricity Board (1983) (1) LLJ 261; Alliance Mills

(Lessees) Pvt. Ltd., Vs. State of West Bengal 1991 (1) LLJ

71 ; and also Ramu Vs. District & Sessions Judge, Kolar &

others, 1990 (1) LLJ 137. The facts and circumstances of

all these cases are totally different to that of the present

case. The facts of the present case discussed above,

clearly show that the Respondent bank has indulged the

workman and gave her opportunity over opportunity to

reform herself but in vain. A lesser penalty also was

imposed once. But inspite of it the workman did not cure

her ways and continued to be unauthorizedly absent from

duty. Thereon the Respondent bank was constrained to

initiate Disciplinary action against her again, and evidently

noting that there was no hope of improvement in the

conduct of the workman, awarded the punishment of

removal from service. Thus, the various principles laid

down in the above referred cases are not helpful to the

cause of the workman herein.

14.

No doubt, it is the contention of the workman all

along that due to ill-health she could not attend to the

duties regularly but a perusal of the departmental enquiry

proceedings reveal that even though due opportunity was

afforded to her by the Enquiry Officer she failed to

produce any medical record which can substantiate her

contention that owing to ill-health she could not attend

to her duties regularly. Evidently she did not produce

any such medical record either before the Enquiry Officer

or before the Disciplinary Authority at any point of time

during Disciplinary proceedings. Now, before this

Tribunal she produced some medical record which can

not be looked into for the reason that this forum can

look into the record of the departmental enquiry only

and verify whether the same were conducted properly

and as per the procedure and the punishment was awarded

in proportion to the gravity of the charges levelled and

proved. Further more, it is not the case of the workman

that she was not granted any opportunity to produce the

relevant medical record during the course of the domestic

enquiry. On the other hand the domestic enquiry

proceedings reveal that opportunity was given but she

failed to produced the same, as already observed above.

In the given circumstances, the principles laid down in

the case of J. Nageswara Rao Vs. Chairman and MD,

Visakhapatnam Steel Plant 1994(II) LLN 82 (APDB)

relied upon by the Learned Counsel for the workman are

not applicable to the facts of the present case.

15.

Learned Counsel for the workman is contending that

for more period of absence from duty, the Disciplinary

Authority awarded stoppage of increments in the first

domestic enquiry proceedings conducted against the

workman whereas for lesser period of absence from duty

the second disciplinary proceedings were launched and

for that the workman was removed from service, which is

not proper. This contention can not be accepted for the

reason that the Disciplinary Authority in their wisdom and

to give opportunity to the workman to mend her ways

awarded lesser form of punishment in the first occasion of

Disciplinary action but inspite of it she failed to mend her

ways which resulted into the second Disciplinary action.

Considering the conduct of the workman through out while

deciding the punishment to be imposed during the second

disciplinary action, which include the punishments

suffered by her as a result of the first disciplinary action

the Disciplinary Authority has rightly resorted to award

the punishment of removal from service against the

workman. One another fact to be noted is that even then

the Disciplinary Authority has shown indulgence by not

denying the retirement benefits, i.e., pension and provident

fund and also future employment. When the case is

considered in its entirety what one can reasonably

understand is that the workman herein has been awarded

with appropriate and proportionate punishment only, for

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6767

her conduct. Thus, the impugned order dated 31.3.2003

and is not liable to be interfered with in any manner.

This point is answered accordingly.

16.

Point No. II :

In view of the finding given in Point No.I above, the

workman is not entitled for any of the reliefs sought for.

This point is answered accordingly.

Result :

In the result, the reference is answered as follows:

The action of the Management of Indian Overseas

Bank in removing the workman Smt. P. Samrajya Laxmi, Ex.

Messenger of Guntur branch from service is justified. The

said workman is not entitled for any relief.

Award is passed accordingly. Transmit.

M. VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence

Witnesses examined

Witnesses examined

for the Petitioner

for the Respondent

NIL

NIL

Documents marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

ubZ fnYyh] 9 vDrwcj] 2014

dk-vk- 2716-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ¯lfMdsV cSad

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

vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k@Je U;k;ky;] gSnjkckn ds iapkV (lanHkZ la[;k 16@2004)

dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 09&10&2014 dks

izkIr gqvk FkkA

¹la- ,y&39025@01@2010&vkbZvkj (ch&II)º

jfo oqQekj] vuqHkkx vf/dkjh

New Delhi, the 9th October, 2014

S.O.

2716.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 16/2004)

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

Hyderabad as shown in the Annexure, in the industrial

dispute between the management of Syndicate Bank and

their workmen, received by the Central Government on

09/10/2014.

[No. L-39025/01/2010-IR (B-II)]

RAVI KUMAR, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL CUM LABOUR COURT

AT HYDERABAD

Present : Smt. M. Vijaya Lakshmi, Presiding Officer

Dated the 15th day of September, 2014

INDUSTRIAL DISPUTE L.C.No. 16/2004

Between :

Balimidi Lakshmi alia Kusuma Kumari,

W/o Late Varadaiah,

D. No.27/727, Balajinagar,

Main Road, Nellore -524 002.

....Petitioner

AND

1.

The Deputy General Manager,

Syndicate Bank,

Industrial Relation Cell,

Zonal Office, D.No.6-3-653,

Somajiguda, Hyderabad – 500 482.

2.

The General Manager(P),

Syndicate Bank,

Head Office,

Manipal – 576 119.

...Respondents

Appearances:

For the Petitioner

: M/s. D. Bala Raju &

K. Ajay Kumar, Advocates

For the Respondent : Sri Alluru Krishnam Raju,

Advocate

AWARD

Smt. Balimidi Laxmi alias Kusuma Kumari, the

workman has filed this petition invoking Sec.2A(2) of

Industrial Disputes Act, 1947 seeking for setting aside

the orders dated 31.12.1997 and 24.4.1998 of the

Respondent Nos.1 and 2 respectively and to direct them

to reinstate her into service of the Respondent bank with

continuity of service, back wages and all other attendant

benefits.

2.

The averments made in the petition in brief are as

follows:

The Petitioner was appointed to the post of clerk in

the Respondent bank on 29.11.1986 on compassionate

grounds owing to sudden demise of her husband while on

duty of the bank. She was given posting at Nellore and

had been working continuously to the satisfaction of her

superiors. At the time of joining into service she joined in

Tutorial College, Nellore to pursue degree course in single

sitting and attended to the examination through the said

Tutorial College, in Meerut University. The said college

has issued degree certificate and marks list issued by

Meerut University. She believed the same as genuine

6768

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

certificates and submitted the same to the Respondent

bank as her educational qualifications and the bank

accepted the same. But surprisingly, first Respondent

issued chargesheet dated 26.12.1990 to her alleging that

she produced false educational certificates and got

appointment in bank for clerk post and thus she committed

misconduct within the meaning of clause 19(5) of the

bipartite settlement and describing it as, “doing acts

prejudicial to the interests of the bank” and knowingly

making false statement in connection with the employment

in the bank. But she did not commit any misconduct as

alleged. Clauses 19.5(j) and (m) of bipartite settlement are

not applicable to the alleged misconduct of the Petitioner

and much prejudice has been caused her to defend her

case with good faith and believing the version of the

tutorial college at Nellore she joined the degree course,

pursued the said education and attended to the

examinations after attending the contact classes at New

Delhi. The tutorial college got hall tickets issued by Meerut

University to write the examination for her and other

candidates who attended to the said course and they all

were taken to New Delhi where the examinations were

conducted. The Tutorial College, Nellore put a notice on

their notice board that the Petitioner and other persons

who studied in their college and attended to the

examinations at New Delhi for degree course passed the

examinations. Some days later, they gave the provisional

certificate and marks list to the Petitioner and two others.

She submitted the same to the bank as her educational

qualification. Without questioning the genuineness of

the said certificates bank has received the same. She was

under bonafide impression that the said certificates are

genuine. Only after receipt of the chargesheet and when

she made enquiries, she came to know that she was

cheated by the said tutorial college and that the provisional

certificate and marks list given by the said tutorial college

only but not by Meerut University. Petitioner is an

innocent and poor widow who was cheated by the tutorial

college. She never intended to practice any deception or

fraud on the Management of the bank. She never intended

to secure job in the bank by producing false education

certificate. The bank accepted the degree certificate issued

by Meerut University to several employees like, Sri

Kaleswara Rao, working in main branch Nellore, Sri Sowri

Rajan, working in Alluru branch. There are about 32

employees who are still in the service of the Respondent

bank who got such certificates, but Respondents picked

the Petitioner herein only and issued chargesheet against

her and ultimately dismissed her of services which is highly

discriminatory. This is a public cheating on the part of the

Tutorial College. In case of public cheating, orders were

passed by the Government of A.P., granting one time

amnesty to the victims of such cheating, the Management

is well aware of the same. The State Government has not

dismissed the services of the employees who submitted

fake certificates. When most experienced staff of the bank

have fallen a prey to the cheating perpetuated by the

Tutorial College/public media the Petitioner who has been

a house wife without having exposure to public life can

not be blamed or singled out for obtaining degree from

Meerut University. She gave her explanation to

chargesheet with the true facts. But instead of dropping

further action, the domestic enquiry has been ordered

against the Petitioner and also 17 other employees of the

bank. A common domestic enquiry was conducted against

them all. But no full and fair opportunity was given to the

Petitioner. Copy of CBI report and the reports of Registrar

or concerned authorities of Meerut University letter dated

22.12.1998 are not supplied to her. Copies of Ex.M1 to

M87 are also not supplied to her. The Enquiry Officer

acted as prosecutor and judge. Principles of natural justice

were totally violated. Relevant rules of the bank were not

supplied to her. No eye witnesses were examined to

prove the misconduct. The authorities of Meerut

University were not examined. Petitioner opposed the

common enquiry but in vain. The common enquiry caused

much prejudice to her defence. She was not given any

opportunity to give her evidence. Common enquiry report

was given for all 18 employees. The findings of Enquiry

Officer are perverse and biased. 1st Respondent ought to

have differed from the said findings. But he accepted the

same in routine and mechanical way and without

considering the explanation of the Petitioner given in her

comments on the enquiry findings and also during

personal hearing. Without issuing 2nd show-cause notice

for proposed punishment the impugned proceeding dated

31.12.1997 was issued dismissing the Petitioner from

service which is illegal and it is liable to be set aside. The

punishment imposed is shockingly disproportionate to

the charges. The reformative theory propounded by the

Apex Court is not followed. Since her appointment was

on compassionate grounds education qualification was

not necessary and it was not pre-condition. Further, during

the year 1993 she sat for entrance examination for BA

Degree in Dr. B.R. Ambedkar Open University and passed

degree course and now she is a graduate. She submitted

the information to the Respondent bank. She is a poor

widow having two children and she is suffering financially

and mentally due to her dismissal from service. She has

no other source of income to maintain herself and her

children. She could not secure any alternative job inspite

of her best efforts. She preferred an appeal to the 2nd

Respondent seeking for reconsidering her case but in vain.

As she got no financial capacity and legal knowledge there

was delay in approaching the Tribunal on her part. Hence,

the petition.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6769

3.

The Respondent Management filed their counter

with the averments in brief as follows:

Petitioner was appointed in Respondent bank on

compassionate grounds consequent to the death of her

husband who worked as an officer in the said bank and

died while in service. She applied for the job and on the

basis of information provided by her while seeking

employment in the clerical cadre she was appointed as a

clerk in the year 1986. The fact remains that she

suppressed true information while applying for the

employment and knowingly submitted false information

regarding her educational qualification. The same came

to the knowledge of the Management on a later date.

Petitioner has not even passed school final examination,

which is the basic educational qualification and

minimum requirement to get appointment as a clerk in

any bank. But Petitioner falsely claimed that she is a

graduate and thus, she was given additional benefit at

the time of recruitment itself by way of additional

increments payable only to graduates. Subsequently she

herself admitted that she was cheated by the tutorial

college where she studied and that her declaration is false.

When the Respondent Management came to know about

the false educational certificate submitted by the

Petitioner, she was served with the chargesheet during

the year 1990 and a departmental enquiry was conducted

in which Petitioner participated along with her defence

representative. Since her explanation was not

satisfactory only departmental enquiry was initiated. Her

contention that enquiry was not conducted properly and

she was not given opportunity during enquiry to defend

her case are all after thoughts and incorrect versions.

She never raised such pleas at any stage before filing WP

No.15644 of 2001. Her contention that charges are vague

is also incorrect and it is a belated plea taken. Her

contention that some employees who were similarly

situated submitted similar certificates from the same

tutorial college and that they got promotion and increment

basing on such certificates and that the Management in

such cases has only rebutted those employees by one grade

and has withdrawn the monetary benefits are all not

correct. Her further contention that some of the employees

similarly joined in the service of the bank are continued

in the service is also not correct. Some of the employees

who joined the bank with required minimum qualification

subsequently for the purpose of obtaining promotion

submitted certificates to the effect that they became

graduates and they were elevated to the post of clerk and

were given attendant benefits. When the bank came to

know that such certificates were not genuine

Departmental action was initiated and thereafter they

were reverted back to their original posts and all the

benefits which were given to them were withdrawn and

amounts paid consequent to the said promotions were

recovered. But in the case of the Petitioner she was not

having even the minimum i.e., Matriculation certificate

with 60% marks to secure job as a clerk in a bank. She

submitted that she left the school while studying SSC. It

was not mentioned whether she passed SSC examination.

She was appointed on the basis of graduation certificate

produced by her which is found to be a fake certificate.

Further investigation was done and it was observed that

Petitioner produced a certificate stating that she left the

school while studying SSC which was not properly

observed by bank officials at the time of recruitment by

over sight. The provisions of service conditions applicable

to the Petitioner clearly state that any information given

by any employee while taking up employment in the bank,

if proved to be false, would amount to major misconduct

and thus she was charged for committing misconduct.

Petitioner can not allege that she was discriminated.

There is no violation of articles 14 and 16 of Constitution

of India. It is the responsibility of the Petitioner to ensure

that the courses for which she has applied for are

genuinely conducted by the University and the certificates

given to her are genuine. The disciplinary action was

initiated and conducted as per the service conditions

applicable to her. There is no violation of principles of

natural justice. The enquiry report is legal, contra

contention is incorrect. Petitioner failed to show how

prejudice is caused to her case, on account of alleged

violations in conducting the departmental enquiry. While

giving employment to the Petitioner in the bank she was

specifically informed that if it is found that the

information furnished by her or the certificate submitted

by her is found to be not correct/false, her services can

be terminated as per the rules of the bank. Petitioner

accepted the said terms and conditions of the service and

joined the service of the bank on 8.12.1986. Since she

produced a Photostat copy of the certificate while seeking

the employment she was asked to produce the original,

vide letter dated 14.10.1987 for verification but she did

not produce. Again a letter dated 22.12.1988 was served

on her informing her that since in the copy of the

certificate submitted by her at the time of seeking

employment it is stated that she appeared for SSC

examination in the year 1967 but it was not clearly

mentioned whether she actually passed the same. She

was asked to produce the original SSC certificate for

verification and she was also requested to inform whether

actually she has passed the exam or any other examination

other than the BA degree examination which she had

submitted while seeking employment with the bank. She

did not give any reply. Thereafter she sought permission

during the year 1994 vide letter dated 14.7.1994 to join

BA Degree in Ambedkar Open University, Hyderabad.

She was issued with chargesheet dated 16.12.1990 for

having submitted false information regarding her

educational qualifications while seeking employment.

She accepted the guilt and repaid all the monetary benefits

which she received by falsely submitting that she passed

BA Degree. Even at the stage, she has not rebutted the

allegation and did not produce any proof for having

passed the degree examination and did not prove that

6770

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

the certificate produced by her has been genuine. At the

time of personal hearing to hear the matter of punishment

proposed she claimed that the Board of Secondary

Education, Andhra Pradesh issued a certificate which can

prove that she passed X standard during March, 1989

and that she was not a matriculate or holding SSC

certificate on the date of seeking employment. Thus, it

is clear that she passed SSC only during the year 1989

and that the degree certificate produced by her while

seeking employment by her is not genuine. In the

given circumstances, she is not entitled to continue in

the services of the bank as per service conditions

applicable to her and as per the terms and conditions of

her employment.

4.

By virtue of order dated 25.7.2012 the domestic

enquiry conducted in this case is held as valid as Learned

Counsel for the Petitioner represented that Petitioner is

not challenging the validity of the same.

4A.

Heard the arguments under Sec.11(A) of the

Industrial Disputes Act, 1947. Written arguments were

also filed for either party and the same are considered.

5.

The points that arise for consideration are:

I.

Whether the orders dated 31.12.1997 on 24.4.1998

passed by Respondent Nos. 1 and 2 respectively

are liable to be set aside? If so, on what grounds?

II.

Whether the Petitioner is entitled for reinstatement

into service of the Respondent bank with continuity

of service, back wages and other attendant benefits?

6.

Point No.I:

It is an admitted fact that Petitioner submitted a

fake educational qualification certificate to the effect that

she has been a graduate and secured employment with

the Respondent bank as a clerk on compassionate grounds

owing to the death of her husband in harness.

7.

It is the claim of the Petitioner that she genuinely

believed that the educational qualification certificate

produced by her with the Respondent bank while seeking

employment was a genuine certificate and that she was

cheated by the Tutorial College in which she joined and

pursued the degree course. But, there is no record

produced by the Petitioner to show that she has taken

any legal action against the said Tutorial College, as can

be seen from the domestic enquiry record, produced before

this Tribunal for consideration. In any way the fact

remains that the educational qualification certificate

produced by the Petitioner before Respondent bank is a

fake certificate.

8.

One another important aspect to be noted is that

Petitioner has made a vague statement in her application

regarding her education particulars by stating that she

left the school while studying SSC. But the fact remains

that, further enquiry revealed that she never attended any

SSC course. Further, she herself revealed before the

Management that she could secure SSC pass certificate

only in the year 1989, thus, it is very much clear that she

was not having even minimum education qualification i.e.,

matriculation for securing the job as clerk with the

Respondent bank as on the date of her appointment as

clerk with the said bank i.e., 8.12.1986.

9.

As can be seen from the very contentions of the

Petitioner, the employees who got promotion /increments

basing on such false education certificates were reverted

back and monetary benefits extended to them were

recovered by the bank, when they found that the said

certificates are fake certificates and enquired into the said

matter. The Respondent bank is claiming that they were

continued in the employment since at the time of their

initial appointment they were holding minimum

educational qualification required but later on to gain

promotions, they produced further educational

qualification certificates which were found to be fake and

the benefits extended to them basing on such false

educational certificates alone were denied to them by

reverting them to their original posts and by recovering

the monies paid to them consequent to extending such

benefits.

10.

As can be gathered from the contentions put forth

for the Respondent bank even in the case of the Petitioner

an enquiry has been made to know whether she was

holding a minimum educational qualification i.e.,

matriculation/SSC by the date of her initial appointment,

when it was noted that the degree certificate produced by

her is a fake certificate but the enquiry revealed that she

was not holding any such matriculation /SSC qualification

by that date. Even it is not the contention of the Petitioner

that she was having any matriculation/SSC qualification

by the date of her joining with the service of the

Respondent bank. Thus, it is clear that she was not

qualified to secure the job of clerk with the Respondent

bank as on the date of joining into service by her. She is

not disputing with the fact that while employing her she

was made known to the condition that, “if it is found

that the information furnished by her or the certificates

submitted by her is found to be not correct/false her

services can be terminated as per the rules of the bank”.

In the given circumstances it can not be said that the

action taken by the bank against the Petitioner is in

violation of any rule, or that there was any discrimination

shown against her by the Respondent bank. If she was

having the minimum education qualification i.e.,

matriculation /SSC by the date of joining her service,

the Respondent would have continued her in service but

only taking the action of recovering extra increments

granted to her believing that she was a graduate by the

date of joining in service as they have done in the other

cases. As she was not having the very minimum education

qualification required for her recruitment as a clerk, by the

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6771

date of her joining into the service, the Respondent bank

was constrained to remove her from service. It is a just

and correct action on the part of the Respondent bank.

11.

As can be gathered from the material on record, the

Enquiry Officer did not violate any principles of natural

justice. the common enquiry conducted against the

Petitioner and other similarly placed employees has not

resulted into any prejudice to her. It can be said so since,

she could not specify any such prejudice. The domestic

enquiry conducted in this case has been held as valid

since she herself has chosen not to challenge the same.

As the punishment awarded is concerned it is the only

course of action to be taken by the Respondent

Management in this case Petitioner she was not holding

the minimum required education qualification by the date

of joining into the service by her.

12.

In view of the fore gone discussion the impugned

orders dated 31.12.1997 and 24.4.1998 passed by the

Respondent Nos.1 and 2 respectively are not liable to be

set aside.

This point is answered accordingly.

13.

Point No. II:

In view of the finding given in point No. I, Petitioner

is not entitled for any of the reliefs sought for in this

petition.

14.

Result:

In the result, petition is dismissed.

Award passed accordingly. Transmit.

M. VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence

Witnesses examined

Witnesses examined

for the Petitioner

for the Respondent

NIL

NIL

Documents marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

ubZ fnYyh] 9 vDrwcj] 2014

dk-vk- 2717-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ¯lfMdsV cSad

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

vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k@Je U;k;ky;] gSnjkckn ds iapkV (lanHkZ la[;k 151@2004)

dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 09&10&2014 dks

izkIr gqvk FkkA

¹la- ,y&12011@73@2004&vkbZvkj (ch&II)º

jfo oqQekj] vuqHkkx vf/dkjh

New Delhi, the 9th October, 2014

S.O.

2717.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 151/2004)

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

Hyderabad as shown in the Annexure, in the industrial

dispute between the management of Syndicate Bank and

their workmen, received by the Central Government on

09/10/2014.

[No. L-12011/73/2004-IR (B-II)]

RAVI KUMAR, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR

COURT AT HYDERABAD

Present : Smt. M. Vijaya Lakshmi, Presiding Officer

Dated the 10th day of September, 2014

INDUSTRIAL DISPUTE No.151/2004

Between :

The General Secretary,

Bank of Baroda Staff Union, Andhra Pradesh,

C/o Bank of Baroda, Machilipatnam Branch,

Revathi Complex, Machilipatnam-521001

Krishna District.

.....Petitioner

AND

The Asst. General Manager,

Bank of Baroda,

Regional Office, Hyderabad Business Centre,

Old MLA Quarters Road, Basheerbagh,

Hyderabad – 500 029.

.....Respondent

Appearances:

For the Petitioner

: M/s. K. Rama Reddy &

Y. Ranjit Reddy, Advocates

For the Respondent : M/s. K. Srinivasa Murthy,

V. Umadevi, Adibabu,

Praveen & Sanjay, Advocates

AWARD

Vide order No. L-12011/73/2004-IR(B-II) dated

18.8.2004 of Government of India, Ministry of Labour

and Employment, New Delhi a reference is made to this

Tribunal calling upon it to give its award on the question,

“Whether the action of the Management of the Bank

of Baroda, Regional Office, Andhra Pradesh by

ordering of recovery of amount in respect of the

workmen (Shri/Sh. M.V. Sivaram, N.S.N. Raju, P.

Chandra Rao) on the ground of excess

reimbursement / double expenses is legal and

justified? If not, what relief the workmen concerned

entitled to?”

6772

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

On receiving the reference, both the Petitioner union

and the Respondent Management were notified of the

same. Both of them appeared before this Tribunal and

engaged their respective counsels with the consent of

each other and leave of the Tribunal.

2.

The Petitioner union filed their claim statement

with the averments in brief as follows:-

The present petition is in respect of illegal deduction

of certain amounts under the guise of “wrong payments”

from the salary of three members of the Petitioner union

working in various branches / offices the details of which

are given here under:

Sl.

Name of the

Branch

Amount

Resp. Lr No.

No.

Employee/

recovered

and Date

Member

Rs.

1.

M.V. Siva Ram

Visakhapatnam6,390-00

19.9.2003

2

N.S.N. Raju

Vadlapudi

22,460-00

-do-

3

P. Chandra Rao Chilkalguda

8,490-00

-do-

The Respondent bank enclosed a chart while issuing

letters to the employees while effecting recovery of the

amounts under the guise of wrong payments. The said

charts are containing the dates and alleged amounts paid

to each of the employees but the same are neither

exhaustive nor explicit. On the other hand they show

that the amounts were paid almost five or six years prior

to the date of giving notice. During the conciliation

proceedings the Assistant Labour Commissioner

(Central), Visakhapatnam vide his notice dated

22.12.2003 advised the Respondent bank not to alter the

conditions of service of the connected workmen in terms

of the obligations imposed on the employer under Sec.33

of the Industrial Disputes Act, 1947. Inspite of it,

Respondent bank resorted to recovery of the alleged wrong

payments while the dispute raised by the Petitioner union

has been pending conciliation exhibiting scanned respect

in the law. With vindictive mind Respondent bank is

resorting to recovery of the amounts without heeding the

requests made by the employees to reconsider their

decision. The order of recovery is baseless and the

allegations are unfounded. Respondent bank neither given

any prior notice nor hearing to the affected employees to

enable them to know how the Respondent bank has come

to the conclusion that payments were illegal. Thus, the

action of the Respondent bank is illegal, arbitrary and

against the law and in violation of principles of natural

justice. The details of amounts such as the heads of

account under which the amounts were claimed by the

employees and were sought to be recovered, were not

given. The Respondent bank failed to realise that every

payment has been duly authorised by not less than two

officers of the bank and that more than 40 officers/

Managers were involved in the process of authorisation

of the alleged wrong payments over the period of five-six

years. Respondent bank failed to provide the details/log

book of the alleged van engaged by the bank for the

exclusive purpose of cash remittance and also the

vouchers submitted by the employees pertaining to each

of payments. The so called report submitted by the

security official of the bank basing on which the alleged

recovery was ordered, is not furnished. The said security

official never met the employees to question them

regarding the various payments during the investigation.

The report was submitted behind the back of the

employees concerned. The profit and loss account in

which the alleged payments were accounted for year after

the year were audited from time to time by the officials

of the Respondent bank and the other statutory

organizations and the accounts were finalised year after

the year and the balance sheets for the respective financial

years were also drawn by the bank and submitted to RBI,

for their scrutiny, duly audited and certified by the auditors

that every account is drawn as per the norms of the bank.

Therefore, the letters of the first Respondent dated

19.9.2003 issued to the employees mentioned in the

reference are to be quashed and a direction is to be issued

to the first Respondent to refund the illegally recovered

amounts with suitable interest and pass other suitable

orders.

3.

The Respondent Management filed their counter

with the averments in brief as follows:-

The Petitioner union is seeking a recourse to an

administrative action taken by the Respondent bank in

respect of its employees in their individual capacity which

is not maintainable. The individual employees while

working in Vadlapudi branch of the bank made certain

claims of reimbursement of conveyance and out of pocket

expenses against their entitlement. The issue of

reimbursement of any expenses can arise only when it

has actually been borne. But, the given employees who

claimed and received reimbursement of conveyance

expenses had not incurred any such expenses either by

way of using their own vehicle or through hired vehicle

instead they travelled by the transport provided by the

bank. The bank hired a van for the purpose of providing

conveyance to staff travelling on official work as well as

cash remittances. While making use of the said company

provided transport the employees had submitted bills

seeking for reimbursement of conveyance expenses or

out of pocket expenses at the rate of Rs.150/- per day

which is illegal. Thus, they are wrong claims. Instead of

initiating disciplinary proceedings for such wrong doing

the bank decided only to recover the wrong payments

made to them in easy instalments after communicating the

same to them. But the union has raised an issue before

the conciliation officer, but it could not be conciliated as

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6773

the employees made a false claim with full knowledge of

their disentitlement. The contention that bank has no

right to effect recoveries of wrong payments made

belatedly is not correct as it is a minimum logical

assumption that such things can be effected only upon

finding such anomalies. There can not be any time limit

for the same. Detailed submissions were made before

conciliation officer by the bank. The contentions raised

before the conciliation officer that,

a.

The said amounts were not incurred as expenses by

the beneficiaries.

b.

The vehicle was provided by the bank

c.

No provision existed for payment of out of

pocket expenses.

d.

Even when other banks/branches remitted cash to

the Vadlapudi Branch, wherein no role of staff of

Vadlapudi Branch was involved, then also amounts

were paid to them.

The bank never made any alterations in service

conditions of the employees during the pendency of the

dispute as alleged in the petition. Bank has given prior

notice and an opportunity of hearing to the employees

before effecting the recovery. The information relating

to the wrong claims together with the respective dates

and amounts has been furnished. The same is more than

sufficient to satisfy the employees about the wrong claims

made by them and to effect recovery of the same.

Employees are not eligible for anything wrongly claimed

and it does not matter whether an officer who has passed

the vouchers had seen it or not before signing the voucher

since such things are done in good faith as they were

also co-employees. When wrong claims are faced it is to

be rectified. The bank being a public sector bank can not

over look such illegal payments. The Petitioner union

can not make a flimsy allegation that the log book does

not show details irrelevant. The log book will be

maintained for the purpose of running the kilometres and

consumption of fuel and also to note the details of people

who were carried to which destination and for what

purpose. The security and vigilance reports form part

of privileged documents which can be used only by

Management. The facts relating to the false claims were

clearly mentioned and it can never be said that report

was submitted behind the back of the employees. It is

only a case of false claim and subsequent recovery from

the individual employees and the petition is liable to be

dismissed.

4.

To substantiate the claim of the Petitioner WW1

and WW2 were examined and Ex. W1 to W7 were

marked. By virtue of order dated 17.7.2013, the evidence

of WW1 has been eschewed. On behalf of the Respondent

Management MW1 was examined. No documents were

marked for the Respondent Management.

5.

Heard the arguments of either party. Written

arguments were also filed by either party and the same

are considered.

6.

The points that arise for determination are:-

I.

Whether the order passed by the Respondent

Management ordering for recovery of amount in

respect of the workmen S/Sri M.V. Sivaram, N.S.N.

Raju and P. Chandra Rao on the ground of excess

reimbursement /double expenses/ wrong payment

is legal and justified?

II.

To what relief the workmen are entitled to?

7.

Point No. I:

It is an admitted fact that the Respondent

Management ordered for recovery of the amounts as

mentioned in the claim statement from the workmen

concerned as described in the claim statement. It is also

an admitted fact that the said amounts were recovered

from the salaries of the respective workmen even after

the dispute was raised by the Petitioner union before the

conciliation officer.

8.

It is the contention of the Petitioner that the said

recovery is illegal and unjustified and that without giving

prior notice and hearing to the concerned workmen the

said recovery was effected arbitrarily. Whereas it is the

contention of the Management that the said amounts were

wrongly and without entitlement claimed and received

by the concerned workmen and thus the recovery is

justified and correct. It is also their contention that prior

notice and hearing were accorded to the workmen.

9.

Now, it is to be verified whether there is any prior

notice and hearing. The prior notice given by the

Management according to them are Ex.W2 to W4, i.e.,

the impugned orders, under which the recovery has been

ordered. Thus, it can not be termed as a prior notice.

This is the final order itself but, not a notice whereunder

an opportunity has been accorded to the concerned

workmen to explain/set out their defence/to state the

reason why recovery shall not take place. There is no

record to show that there has been prior hearing

opportunity was provided to the workmen to state their

contentions to the Disciplinary Authority / Management.

Thus, it can clearly be seen that without providing any

prior notice and prior hearing the Management has taken

the decision to recover the amounts, claiming that they

are wrong payments made to the workmen. This is

certainly in clear violation of principles of natural justice

and thus, it is an arbitrary and unjustified order.

10.

It is the contention of the Management that there

has been a van provided by the Respondent bank and

thus, the workmen would not have incurred the expenditure

and thus, there was no need for any reimbursement and

inspite of it they claimed the reimbursement and got it and

6774

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

thus, it is a wrong payment. But, inspite of specifically

questioning MW1 regarding it and specific plea being

raised by the Petitioner union in the claim statement, the

particulars of the van said to have been provided by the

bank are not given. Further, the Petitioner pressed for

production of the log book but it is not produced. Reasons

for non-production of the same and non-revealing of the

particulars of the van are not given. Thus, it is to be deemed

that the contentions of the Respondent Management that

there has been a van provided and that it has been utilised

by the workmen for discharging their official duties is not

correct. Thus, the contention of the Respondent

Management that the expenses were not actually incurred

and there was no entitlement for the reimbursement is not

correct.

11.

It is an admitted fact that atleast two senior officers

will be scrutinizing the vouchers and passing of the same

before the reimbursement of the amounts be done in the

bank. In such case if there is no entitlement at all for

payment of out of pocket expenses, the reimbursement

would not at all have been done. But in this case after

due scrutiny the payments were made long prior to the

ordering of the recovery. In such case the contentions of

the Respondent bank that there is no entitlement at all

and that out good faith the scrutiny officers have passed

the vouchers is not an acceptable version. It is not the

case of the Respondent bank that any action has been

taken against the officers who scrutinized the vouchers

and passed the same. Further, there is no answer for the

contention of the Petitioner that there was regular audit

of the bank accounts in each and every financial year by

the officials of the Respondent bank and other statutory

organizations and that the accounts finalised year after

year and the Respective balance sheets for each financial

year were also drawn by the bank and submitted to the

RBI, for their scrutiny duly audited and certified by the

auditors that every account is drawn as per the norms of

the bank. In such case, how a security officer’s report

could point out the incorrectness of the reimbursement

of the amounts of the workmen all of a sudden and after

lapse of substantial period from the dates of

reimbursement is a question which shall be answered and

explained to the workmen. The security officer’s report

which lead to the recovery must be revealed to the affected

workmen as they are entitled to know the reason why the

recovery was ordered. But it was not done and the

workmen are kept in dark.

12.

In view of the fore gone discussion, it can clearly

be seen that the impugned orders dated 19.9.2003 are

arbitrary, unjust and are in violation of principles of

natural justice and they are to be set aside.

This point is answered accordingly.

13.

Point No.II:

In view of the finding given in point No.I above,

the recovery of the amounts made by the Respondent

Management from the respective salary of the workmen

herein is not at all justified and thus, the said amount

shall be refunded to the workmen by the Respondent

Management with interest at the rate of 6% per annum

from the date of recovery to the date of refund.

This point is answered accordingly.

Result :

In the result the reference is answered as follows:

The action of the Management of the Bank of Baroda,

Regional Office, A.P. / Management in ordering recovery

of amount in respect of the workmen, S/Sri M.V. Sivaram,

N.S.N. Raju and P. Chandra Rao on the ground of excess

reimbursement/ double expenses/wrong payment is neither

legal nor justified. Thus, the said orders dated 19.9.2003

are hereby set aside. These three workmen shall be

refunded with the amounts recovered from their respective

salaries together with interest at the rate of 6% per annum

from the date of recovery to the date of refund.

Award is passed accordingly. Transmit.

M. VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence

Witnesses examined

Witnesses examined

for the Petitioner

for the Respondent

WW1: Sri P. Chandra Rao

MW1: Sri B. Priya

(eschewed)

Kumar

WW2: Sri V. Rama Krishna

Documents marked for the Petitioner

Ex.W1:

Photostat copy of lr. No.7/11/2003-ALC

dt.22.12.2003

Ex.W2:

Photostat copy of Respondent bank’s lr. to

Sri M V Sivaram dt.19.9.2003

Ex.W3:

Photostat copy of Respondent bank’s lr. to

Sri N.S.N. Raju dt.19.9.2003

Ex.W4:

Photostat copy of Respondent bank’s lr. to

Sri P.C. Rao dt.19.9.2003

Documents marked for the Respondent

NIL

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dk 14) dh èkkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj nf{k.k jsyos ds

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

esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèkdj.k]

pSUubZ ds iapkV (lanHkZ la[;k 54@2014) dks izdkf'kr djrh gS tks

dsUnzh; ljdkj dks 08&10&2014 dks izkIr gqvk FkkA

¹la- ,y&41011@51@2014&vkbZvkj (ch&I)º

lqefr ldykuh] vuqHkkx vf/dkjh

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6775

New Delhi, the 10th October, 2014

S.O.

2718.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 54/2014)

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

Chennai as shown in the Annexure, in the industrial dispute

between the management of Southern Railway and their

workmen, received by the Central Government on

08/10/2014.

[No. L-41011/51/2014-IR (B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Wednesday, the 17th September, 2014

Present : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 54/2014

(In the matter of the dispute for adjudication under clause

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

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

the Management of Southern Railway and Railway

Employees Coop. Credit Society Ltd. and their workman)

BETWEEN

The General Secretary

: 1st Party/Petitioner

Railway Employee’s

Union

Co-op. Society Staff Union

2/30, Lettangs Road, Vepery

Chennai-600007

AND

1.

The General Manager

: 2nd Party/

Southern Railway

1st Respondent

Chennai-600002

2.

The Chief Executive

: 2nd Party/

The Railway Employees

2nd Respondent

Coop. Credit Society Ltd.

Ashok Vihar Complex,

Old Zoo Road

Chennai-600007

Appearance:

For the 1st Party/

: M/s D. Nagasaila, Advocates

Petitioner Union

For the 2nd Party/

: Set Ex-parte

1st Respondent

For the 2nd Party/

: Sri C.K. Chandrasekkar,

2nd Respondent

Advocate

AWARD

The Central Government, Ministry of Labour &

Employment vide its Order No. L-41011/51/2014-IR (B.I)

dated 03.07.2014 referred the following Industrial

Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is:

“Whether the demand of the RECSS Union in

restoration of medical treatment facility in Railway

Hospital arising out of change of bye-laws of the

Society is legal and justified? If so, to what relief

the Union is entitled?”

2.

On receipt of the Industrial Dispute this Tribunal

has numbered it as ID 54/2014 and issued notices to both

sides. Both sides have entered appearance through their

counsel.

3.

The case was posted for filing Claim Statement.

However, without filing Claim Statement, the counsel

for the petitioner has filed a memo stating that the

petitioner is not proceeding with the matter and the ID is

to be closed. It is stated in the memo that the petitioner is

seeking to close the matter since this Tribunal has no

jurisdiction to adjudicate the matter.

4.

On the basis of memo filed on behalf of the

petitioner, the ID is closed.

An award is passed accordingly.

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

corrected and pronounced by me in the open court on

this day the 17th September, 2014)

K.P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner

: None

For the 2nd Party/1st and 2nd Management : None

Documents Marked:

On the petitioner’s side

Ex.No.

Date

Description

Nil

On the Management’s side

Ex.No.

Date

Description

Nil

ubZ fnYyh] 10 vDrwcj] 2014

dk-vk- 2719-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj Hkkjrh; LVsV

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

vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k tcyiqj ds iapkV (lanHkZ la[;k 9@2010) dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 08&10&2014 dks izkIr gqvk FkkA

¹la- ,y&12011@38@2009&vkbZvkj (ch&I)º

lqefr ldykuh] vuqHkkx vf/dkjh

6776

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

New Delhi, the 10th October, 2014

S.O.

2719.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 9/2010)

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

Jabalpur as shown in the Annexure, in the industrial dispute

between the management of State Bank of India and their

workmen, received by the Central Government on

08/10/2014.

[No. L-12011/38/2009-IR (B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/9/2010

PRESIDING OFFICER : SHRI R.B.PATLE

General Secretary,

Dainik Vetan Bhogi Karmchari

Sangathan, F-1, Tripti Vihar,

Opp Engg. College,

Ujjain.....Workman/Union

Versus

Dy. General Manager,

State Bank of India,

Zonal Office,

Vijay Nagar, Jabalpur

.....Management

AWARD

Passed on this 15th day of September 2014

1 As per letter dated 7-1-10 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-12011/38/2009-

IR(B-I). The dispute under reference relates to:

“Whether the demand of the General Secretary,

Dainik Vetan Bhogi Karmchari Sangathan, Ujjain for

regularization of services of Shri Dilip Chohtel,

sweeper/ Messenger of SBI, City Branch, Jabalpur

from 1-6-07 is fair, legal and justified? If yes, what

relief the workman is entitled to?”

2.

After receiving reference, notices were issued to

the parties. Workman submitted statement of claim at page

1 to 5. Case of workman is that he was engaged on daily

wages as sweeper from 1-6-07. He was paid wages Rs. 50,

70 per day. His name was entered in muster roll. He was

working 8 hours every day. He was paid bonus. He

completed 240 days continuous service. During pendency

of conciliation proceedings, his services were terminated

in violation of Section 25-F, 33 of I.D.Act. he further

submits that city branch building is of 7000 sq.ft. the

building has 3 floors. He was continuously working for

more than 240 days as such he acquired status of regular

employee under Section 25 B of I.D.Act. On such ground,

he prays for regularisation in service.

3.

IInd party filed Written Statement . Preliminary

objection is raised that Union Representative Shri Ram

Nagwanshi was dismissed from service, he is not

competent to represent workman. Workman was engaged

on daily wages on contract basis during July 2007 to

31-10-08 for 185 days. The engagement of workman on

daily wages was ending at end of the day. His

discontinuation doesnot amount to be retrenchment under

Section 2(oo) of I.D.Act. it is covered under Section

2(oo)(bb) of I.D.Act. IInd party reiterates that workman

had not completed 240 days continuous service. He is not

entitled to regularisation. He was not appointed following

selection procedure. IInd party prays for rejection of claim.

4.

Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:-

(i)

Whether the demand of the

In Negative

General Secretary, Dainik

Vetan Bhogi Karmchari

Sangathan, Ujjain for regulari-

zation of services of Shri Dilip

Chohtel , sweeper/ Messenger

of SBI, City Branch, Jabalpur

from 1-6-07 is fair, legal and

justified?

(ii) If not, what relief the workman

Relief prayed

is entitled to?”

by workman

is rejected.

REASONS

5.

Workman is claiming regularisation in service of

IInd party as sweeper/messenger from 1-6-07. IInd party

had denied claim of workman. It is submitted that

workman was engaged on daily wages by Branch

Manager. He not completed 240 days continuous service.

Workman is not entitled for regularisation.

6.

Workman filed affidavit of his evidence covering

his contentions in statement of claim that he was engaged

on daily wages from 1-6-07. Wages were paid to him at

Rs.50, 70, 80, per day- 6 days in a week. He was also

paid wages in name of Pradeep and Vineet. In his further

evidence, workman says that copy of muster roll paper

No.31 was given to him by Shri J.P.Nema. In his cross-

examination workman says he has no knowledge about

recruitment rules, the post was not advertised, he was

not interviewed. Appointment letter was not given to him.

He was engaged by Branch Manager because of his

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6777

acquintance. He was supplying drinking water, he was

doing work of messengers. He continuously worked from

May 07 to Jan-09. He was member of Union from May 97.

He has not produced documents about his Union

membership. He denied that he was working part time.

Management’s witness Mahesh Kumar Rathore supported

contentions of IInd party that workman was engaged on

daily wages at Rs.30, 40 per day. Workman had worked for

total 185 days. He not completed 240 days continuous

service. In his cross-examination management witness says

during 2007 to 09, he was not working in the City Branch.

Name of workman was not sponsored by Employment

Exchange. Workman was not interviewed. Appointment

letter was not given to workman. He claimed ignorance

whether wages were paid to workman by Bankers cheque.

Witness of management also claims ignorance about

document Page 154. He denies that said document bears

signature of Branch Manager.

7.

The legality of termination of workman is decided in

R/10/10, terms of present reference relates to claim for

regularisation of workman. Workman was not appointed

after following selection process. He was engaged on daily

wages. Any rule or scheme is not produced on record

conferring right on workman for regularisation. In absence

of such scheme or rule, claim cannot be allowed. For above

reasons, I record my finding in Point No.1 in Negative.

8.

In the result, award is passed as under:-

(1)

The demand of the General Secretary, Dainik Vetan

Bhogi Karmchari Sangathan, Ujjain for regularization

of services of Shri Dilip Chohtel , sweeper/

Messenger of SBI, City Branch, Jabalpur from 1-6-

07 is not proper.

(2)

Relief prayed by workman is rejected.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 10 vDrwcj] 2014

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dk 14) dh èkkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj Hkkjrh; thou

chek fuxe ds izcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds

chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k tcyiqj ds iapkV (lanHkZ la[;k 273@89) dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 08&10&2014 dks izkIr gqvk FkkA

¹la- ,y&17012@23@88&vkbZvkj (ch&I)º

lqefr ldykuh] vuqHkkx vf/dkjh

New Delhi, the 10th October, 2014

S.O.

2720.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 273/

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

Jabalpur as shown in the Annexure, in the industrial dispute

between the management of Life Insurance Corporation

of India and their workmen, received by the Central

Government on 08/10/2014.

[No. L-17012/23/88-IR (B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL CUM LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/273/89

PRESIDING OFFICER : SHRI R.B.PATLE

Shri shital Prasad,

S/o Shri Nathu Ram

Bheem Ward, Chhotti Bazaria,

Distt. Bina, Jabalpur

.....Workman

Versus

Divisional Manager,

Life Insurance Corporation of India,

Deevan Prakash,

Jabalpur Divisional Office,

Madan Mahal, Jabalpur

.....Management

AWARD

Passed on this 22nd day of September 2014

1. As per letter dated 15-12-89 by the Government of

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

received. The reference is made to this Tribunal under

Section -10 of I.D.Act, 1947 as per Notification No.L-17012/

23/88-IR(B-I). The dispute under reference relates to:

“Whether action of the management of LIC of India,

Jabalpur in terminating of services of Shri Shital

Prasad, S/o Shri Nathu Ram, Sub staff from 28-3-88

without any compensation under the provisions of

the Industrial Disputes Act, 1947 is justified? if not,

to what relief the workman concerned is entitled?”

2.

After receiving reference, notices were issued to

the parties. Ist party workman submitted statement of claim

at Page 3/1 to 3/4. Case of workman is that he is resident of

Bina. He has passed HSc..In October 1985, he got

knowledge about vacant post of peon in LIC. He submitted

application to Branch Manager his application was

accepted. He was permitted to work in LIC office Bina

Branch. That he worked from 30-10-85 to 28-3-87.

Thereafter he was temporarily stopped working. Again he

was permitted to work from 16-4-87 to 10-7-87,

26-12-87 to 28-3-88. That he was paid basic salary Rs.430

plus DA. He was also paid bonus15 % for 86-87. Workman

submits that he was in continuous employment from

6778

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

30-10-85 to 28-3-87. His services were terminated on 28-3-

88. In violation of Section 25-F of I.D.Act. That he was in

continuous service for more than one year. He was not

served with notice for termination of his service. Any

chargesheet was not issued to him. His services are orally

terminated in violation of Section 25-F of I.D.Act. His

services were not regularized. On such ground workman

prays for his reinstatement with back wages.

3.

IInd party filed Written Statement at Page 5/1 to

5/8. IInd party denied claim of workman for reinstatement

with back wages. That claim of workman is misconceived.

It is submitted that various association of Class III, IV

employees working in LIC raised issues regarding

quantum of wages to be paid to Badli temporary part

time employees. The issue was referred by Govt. of India

to National Industrial Tribunal presided over by Justice

R.D.Turbule on 28-5-85. The issue related to what would

be the wages and other conditions of service of part time

workman of LIC as well as the conditions of their

absorption in regular cadre. That NIT issued interim order

dated 15-1-86 directing that no temporary employees of

the corporation be removed till Tribunal gives the final

award provided he gives undertaking that no benefit on

his behalf would be claimed. If he continue in position

for a period of more than 85 days. Interim order is

reproduced.

4.

IInd party further submits that National Tribunal

passed final award on 17-4-86 published in gazette on

7-6-86. Tribunal laid down period 1-1-82 to 28-5-85 as

cut off date. The temporary employees who were within

said period for specified number of days were to be

covered by provisions of the award. Temporary employees

in Class III whether Assistant or typist who had put in

85 days worked in 2 calendar year, Class IV-70 days in 3

calendar years within the cut off date were eligible for

absorption if they are covered within the cut off date.

IInd party has contented that there was controversy about

the award passed by National Tribunal. Matter was taken

up before Hon’ble Apex Court. IInd party further submits

that as per the agreement, workman had failed to submit

application for absorption till 7-7-1986. Consequently

services of workman were terminated. All other

contentions of workman that he completed 240 days

continuous service, he was entitled for regularization/

absorption are denied. It is denied that services of

workman were terminated in violation of Section 25-F

of I.D.Act. On such ground, IInd party prays for rejection

of claim.

5.

Considering pleadings and all aspects, award was

passed by my predecessor on 18-4-95 against workman.

Said award was challenged by workman in Writ petition

No. 2380/96. Hon’ble High Court vide judgment dated

28-7-08, set aside the award passed by my predecessor

and remanded the matter to this Tribunal for adjudication

on merit.

6.

Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:-

(i)

Whether action of the manage-

In Negative

ment of LIC of India, Jabalpur

in terminating of services of Shri

Shital Prasad, S/o Shri Nathu Ram,

Sub staff from 28-3-88 without any

compensation under the provisions

of the Industrial Disputes Act, 1947

is justified?

(ii) If not, what relief the workman is

As per

entitled to?”

final order.

REASONS

7.

Workman is challenging termination of his service

from 28-3-88 for violation of Section 25-F of I.D.Act.

The claim of workman is opposed only on the ground

that the matter of service conditions and wages of Badli

part time workman was referred to NIT. The interim

direction was issued not to terminate services of part time

Badli workman till decision of award. Final award was

passed. However matter was challenged before Apex

Court. Union and management settled compromise before

Apex Court. Workman has not completed application for

absorption within prescribed time limit.

8.

Workman filed affidavit supporting his contentions

in statement of claim. He was engaged by management

on 30-10-85 to 28-3-88. He was paid basic salary Rs.430

per month along with DA. He was paid 15% bonus for

86-87. He completed 240 days continuous service. His

services were terminated in violation of Section 25-F of

I.D.Act. In his cross-examination, workman claims

ignorance about the rules for recruitment in LIC. He was

engaged as casual worker by IInd paprty. At the instance

of Union, rules for regularization of casual part time

employees, the reference was made to National Tribunal.

He claims ignorance about the award passed by National

Tribunal. He had not submitted application in prescribed

time. He denies that he not completed 240 days working.

9.

Management witness Shri Tirath Kumar Shrivas filed

affidavit of evidence supporting contentions of the

management. As per evidence of management’s witness,

final award was passed by NIT on 7-7-86. Interim award

was passed on 17-4-86. Final award challenged before

Apex Court was compromised. Workman had not submitted

application for absorption till 6-3-87. Therefore he was

not considered for absorption. In his cross-examination,

management witness says he submitted affidavit of

evidence as per record. He was unable to tell the date of

appointment and the period of working of workman.

However he denied suggestion that workman completed

240 days working. Workman was not issued notice,

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6779

retrenchment compensation was not paid to him before

termination of his service.

10.

Parties are not in dispute about interim award and

final award passed by National Tribunal. As per interim

award, the period of working protected by interim award

was not considered. Copy of interim award is produced

R-I. Relevant portion of interim award reads as under.

“The employees continues in position for a period

more than 85 days. The Unions are agreeable and

the workman concerned shall give an undertaking

that they would not claim any benefit on account

of such continuation for a period more than 85 days

if it occurs, of absorption of any other benefit subject

to that he may be continued.”

In present case, the interim award was passed on

15-1-86. Workman was working in IInd party prior to it

i.e. from 30-10-85. He had already completed more than

85 days. Management has not produced any documents

about undertaking given by workman in pursuance of

the interim award. The evidence of workman that he

was working with IInd party from 30-10-85 till 28-3-88

with intermittent break is not settled. The terms of

compromise settled before Hon’ble Apex Court are

produced at R-3. It clearly provides casual badly part

time employees working 85 days in 2 years during the

period 1-1-82 to 20-5-85 were to be considered for

absorption on submitting application within prescribed

period. Workman has not submitted application during

prescribed period therefore he cannot claim benefit for

his absorption.

11.

The terms of reference donot relate to absorption

of workman as per compromise settled before Apex Court,

the reference relates to legality of termination of

workman. Workman had worked more than 2 ½ years.

His services were terminated without notice, he was not

paid retrenchment compensation. Thus termination of

service of workman is illegal for violation of Section 25-

F of I.D.Act. For above reasons, I record my finding in

Point No.1 in Negative.

12.

Point No.2- in view of my finding in Point No.1,

the termination of services of workman is in violation of

Section 25-F of I.D.Act, question arises whether he is

entitled for reinstatement with back wages. Evidence of

workman shows that he was engaged on casual basis, he

was not appointed following recruitment rules. Learned

counsel for management Shri P.K.Tripathi submits that

workman is not entitled to reinstatement. Reliance is placed

on ratio held in

“Case of Hari Nandan Prasad versus FCI reported in

AIR 2014 SC-1848. Their Lordship held daily wagers

who worked for 3 years is not entitled for

reinstatement. Their Lordship further held that

mere long service as daily wager cannot be basis

for directing regularization.”

Considering the ratio held in above case, workman

cannot be allowed reinstatement with back wages.

Considering the dispute pending since 1989, workman

is out of employment, the workman was working for about

2 ½ years, compensation Rs. 75,000/- would be

reasonable. Accordingly I record my finding in Point

No.2.

13.

In the result, award is passed as under:-

(1)

The action of the management of LIC of India,

Jabalpur in terminating of services of Shri shital

Prasad, S/o Shri Nathu Ram, Sub staff from 28-3-88

is not legal.

(2)

IInd party is directed to pay compensation

Rs. 75,000 to the workman.

Amount as per above order shall be paid to

workman within 30 days from the date of notification of

award. In case of default, amount shall carry 9 % interest

per annum from the date of award till its realization.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 10 vDrwcj] 2014

dk-vk- 2721-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj Hkkjrh; thou

chek fuxe izcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds

chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k@Je U;k;ky;] tcyiqj ds iapkV (lanHkZ la[;k 17@98)

dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 08&10&2014 dks

izkIr gqvk FkkA

¹la- ,y&12012@203@96&vkbZvkj (ch&I)º

lqefr ldykuh] vuqHkkx vf/dkjh

New Delhi, the 10th October, 2014

S.O.

2721.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 17/98)

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

Jabalpur as shown in the Annexure, in the industrial dispute

between the management of State Bank of Indore Merged

State Bank of India and their workmen, received by the

Central Government on 08/10/2014.

[No. L-12012/203/96-IR (B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/17/98

PRESIDING OFFICER: SHRI R.B.PATLE

Shri Ram Nagwanshi,

General Secretary,

All India State Bank of Indore Employees Congress,

Sanwer Road, Ujjain

.....Workman/Union

6780

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

Versus

General Manager (Operations),

State Bank of Indore,

Merged as State Bank of India

Local Head Office,

Hoshangabad Road,

Bhopal

.....Management

AWARD

Passed on this 15th day of September 2014

1.

As per letter dated 13-1-98 by the Government of

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

received. The reference is made to this Tribunal under

Section 10 of I.D. Act, 1947 as per Notification No.

L-12012/203/96-IR(B). The dispute under reference

relates to:

“Whether the action of the management of Regional

Office, Bank of India in not paying Shri

S.R.Prajapati, Rajgarh subsistence allowance after

2-9-92 before completion of enquiry not granting

annual increment is justified and legal? If not, to

what relief the concerned workman is entitled for?”

2.

After receiving reference, notices were issued to

the parties. Ist party Union submitted statement of claim

at Page 2/1 to 2/3. Case of Ist party Union is that workman

Shri S.R.Prajapati was working as Head clerk at State

Bank of Indore, Rajgarh, Distt. Dhar. That on 4-8-92,

due to negligence of Bank Manager Hemand Phadke,

saving account ledger keeper Shri Meena, Head Cashier

Shri Rathore and Daftary, fraud of Rs. 20,000/- was

committed. Management wanted to protect those

employees. Ist party workman had informed about said

fraud to Regional Office. Regional Manager Shri

K.G.Baheti has visited branch on 18-8-92. Manager was

scolded why information about fraud of Rs. 20,000/- was

not given to him. There were also talks that amount of

Rs.20,000 involved in the fraud should be deposited by

contributing from all employees. Workman had opposed

for it. It is submitted that workman was suspended without

any notice. That higher officer of the management had

received letter of threat of their life. Said incident was

reported to police after one month. Workman was

suspended. Enquiry was not conducted against him.

Reports submitted to police was silent about involvement

of the workman. Workman was entitled for subsistence

allowance as per bipartite settlement dated 8-9-93.

Workman was not paid full subsistence allowance after

period of one year. The proceeding under Section 33(C)

for recovery of amount was pending.

3.

It is further submitted that the employees suspended

were paid arrears of subsistence allowance at revised rates.

Mr. Chandrashekhar Mehendle, Shri Balwant Singh Gaur

and Shri Sunralkumar Mukati. The workman was not

paid revised subsistence allowance.

4.

IInd party submitted Written Statement at Page 3/1

to 3/2. Case of IInd party is amount of fraud of Rs.20,000/-

was committed on 4-8-92 w.r.t. account of Shri Pathak at

Rajgarh branch. The amount was dishonestly withdrawn

in collision with one Hiralal. The payment voucher was

missing. Workman was suspended from 4-9-92. DE was

initiated against him. Workman is also prosecuted for

offence under Section 420, 109, 201, 34 of IPC. As per

Para19.4 of settlement dated 19-10-66, the enquiry was

stayed. Criminal case was prosecuted against workman

about giving threats to the officers of the Bank. Chalan

was submitted in Court under section 506/507 of IPC.

Workman is paid subsistence allowance as per settlement

dated 8-9-83. The chargesheet is submitted in Criminal

Court against workman. Criminal case is pending against

him. Workman is not entitled to arrears of subsistence

allowance claimed by him.

5.

Workman filed rejoinder at Page 4/1 to 4/6 reiterating

its contentions in statement of claim. Chargesheet was

issued to him without substance. Revised subsistence

allowance was not aid to him. Enquiry was deliberately

prolonged by appointing different Enquiry officers,

Presenting Officers. The request of workman not to change

Enquiry Officer, presenting Officer was not considered.

6.

Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:-

(i)

Whether the action of the manage-

In Affirmative

ment of Regional Office, Bank of

India in not paying Shri S.R.Prajapati,

Rajgarh subsistence allowance after

2-9-92 before completion of enquiry

not granting annual increment is

justified and legal.

(ii) If so, to what relief the workman

Workman is

is entitled to?”

not entitled

to any relief.

REASONS

7.

Statement of claim filed by workman is signed only

by Shri Ram Nagwanshi claiming to be General Secretary

of Union. Any objection was not raised on above point at

the time of argument. Therefore I donot consider it

appropriate to make comments about locus-standi of

Union regarding Ram Nagwanshi. Claim of workman for

revised claim of subsistence allowance has been denied.

It is submitted that criminal case prosecuted against

workman is pending. Enquiry was conducted as per Clause

19.5 of settlement. In above context, the Union

Representative submitted in writing that the documents

are produced. Workman does not desire to adduce any

evidence. Thus claim of workman is not supported by his

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6781

evidence. The documents produced by workman

alongwith list Page 4/7 are not admitted by IInd party. The

documents are not proved by the workman. Therefore it

would not be appropriate to allow claim of workman on

said documents. Particularly P-13 relates to payment of

subsistence allowance and reference of ratio held in case

of Umesh Chandra Mishra versus Union of India. Relevant

portion has been reproduced on the facts and

circumstances of the case therefore we set aside the order

of the Tribunal and direct the respondents to pay the

appellant the following amounts. Subsistence allowance

(i) from 20-11-75 to 19-5-76 @ 50 % of the salary. Claim

of workman has made out from statement of claim

pertains to non-payment of the revised subsistence

allowance. The statement of claim is silent how much

subsistence allowance was paid to him and how much

amount is due against IInd party. As stated above, claim

of workman is not supported by any evidence. The

documents are not admitted. IInd party denied claim of

workman. The workman has not produced documents

about revised rates of subsistence allowance payable to

him. In absence of such documents, I record my finding

in Point No.1 in Negative.

8.

In the result, award is passed as under:-

(1)

The action of the management of Regional Office,

Bank of India in not paying Shri S.R.Prajapati,

Rajgarh subsistence allowance after 2-9-92 before

completion of enquiry not granting annual

increment is legal and proper.

(2)

Workman is not entitled to relief claimed by him.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 10 vDrwcj] 2014

dk-vk- 2722-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj Hkkjrh; LVsV

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

vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k] tcyiqj ds iapkV (lanHkZ la[;k 10@2010) dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 08&10&2014 dks izkIr gqvk FkkA

¹la- ,y&12011@41@2009&vkbZvkj (ch&I)º

lqefr ldykuh] vuqHkkx vf/dkjh

New Delhi, the 10th October, 2014

S.O.

2722.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 10/2010)

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

Jabalpur as shown in the Annexure, in the industrial

dispute between the management of State Bank of India

and their workmen, received by the Central Government

on 08/10/2014.

[No. L-12011/41/2009-IR (B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/10/2010

PRESIDING OFFICER: SHRI R.B.PATLE

General Secretary,

Dainik Vetan Bhogi Karmchari

Sangathan, F-1, Tripti Vihar,

Opp Engg. College,

Ujjain

...Workman/Union

Versus

Dy.General Manager,

State Bank of India,

Zonal Office,

Vijay Nagar, Jabalpur

...Management

AWARD

Passed on this 15th day of September, 2014

1.

As per letter dated 11-1-2010 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-

12011/41/2009-IR(B-I).The dispute under reference

relates to:

“Whether the demand of the General Secretary,

Dainik Vetan Bhogi Karmchari Sangathan, Ujjain

in reinstating Shri Dilip Chohtel , sweeper/

Messenger in service w.e.f. 9-1-09 is fair, legal

and justified? If yes, what relief the workman is

entitled to?”

2.

After receiving reference, notices were issued to

the parties. Ist party workman submitted statement of

claim at page 1 to 5. Case of workman is that he was

working as sweeper in IInd party Bank after promotion

of sweeper Shri Satwan Singh from May 2007. The

branch premises of 7000 sq.ft, 3 storied building. For its

cleaning and sweeping, workman was engaged from

1-6-07 by Branch Manager Nema. He was working from

9.30 AM to 2 PM and 5 PM till closure of Bank. He was

paid Rs.50/- per day. He was engaged orally. The wages

were increased to Rs.70/- per day. The payment was made

from petty cash under payment voucher, muster roll was

maintained. He was also paid wages in name of Shri

Pradeep from 1-11-08 and from 16-12-08 in name of

Pradeep and Vineet. He completed 240 days continuous

service. He was also paid bonus arrears. His services are

terminated during pendency of conciliation proceedings

in violation of Section 33, 25-F.

3.

Workman submits that he was paid bonus Rs.1286/-,

1086/- for 2007-08, 08-09 respectively. Though he

6782

THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

completed 240 days continuous service, his services were

terminated in violation of Section 25-F of I.D.Act. he was

not issued notice. Notice pay was not paid to him. On

such ground, workman prays for his reinstatement.

4.

IInd party filed Written Statement denying claim of

workman. Objection is raised that Union representative

Shri Ram Nagwanshi was dismissed from service of Bank.

He is not competent to represent workman. That workman

was engaged on contract basis for sweeping work in City

Branch, Jabalpur. He worked for 185 days in 2007-08.

Workman was engaged on daily wage basis. His services

used to end at end of the day. His discontinuation is not

retrenchment. Workman was not appointed by the bank

following selection process. Workman was not

continuously working. He has not completed 240 days

continuous service preceding 12 months. Workman was

doing cleaning work for two hours. He is not entitled for

reinstatement. There is no violation of Section 25-F of

I.D.Act. Workman was paid wages for his working days.

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 demand of the

Partly in Affirmative

General Secretary, Dainik

Vetan Bhogi Karmchari

Sangathan, Ujjain in rein-

stating Shri Dilip Chohtel,

sweeper/ Messenger in

service w.e.f. 9-1-09 is fair,

legal and justified?

(ii) If not, what relief the

As per final order.

workman is entitled to?”

REASONS

6.

Workman is submitting that he was regularly

working with IInd party doing cleaning work. He

completed 240 days service. His services are terminated

in violation of Section 25-F of I.D.Act. He was not paid

retrenchment compensation. Above all contentions of

workman are denied by IInd party.

7.

Workman filed affidavit covering his contentions.

He was engaged for sweeping work, cleaning work from

1-6-07. He was paid wages Rs. 50, 50, 80 per day. For

some period he was paid wages in different names. He

was paid bonus Rs. 1286/- on 9-7-09, 1086 on 9-6-09. In

his cross-examination, workman says post was not

advertised, he was not interviewed, appointment letter

was not given to him. He was engaged on the work

because of his acquaintance with Branch Manager. He is

member of Union. He reiterates that he was continuously

working. He denies that he was working for 2 hours only.

8.

Management filed affidavit of witness Shri Mukesh

Kumar supporting contentions in Written Statement filed

by management that workman was engaged for cleaning,

sweeping work from 1-6-07 to 31-10-08. Wages were paid

Rs. 30,40 per day. Workman had worked for 185 days in

the Bank. He not completed 240ays continuous service.

Section 25-F of I.D.Act was not violated. Branch manager

was apprised to engage persons for specific task on daily

wages. In his cross-examination management witness

says his affidavit is based on documents. Those

documents are not produced on record. The witness of

management was not working in the branch during 2007

to 09. Witness of management had not discussed with

other Branch Managers about the services of Ist party

workman. Thus witness of the management has no

personal knowledge. Documents on which his affidavit

is based are not produced. The attendance register of

workman was not maintained. The denial by

management’s witness that workman had not completed

240 days service is not supported by documents.

9.

So far as evidence of workman, his evidence is

supported by documents Exhibit W-2 payment vouchers

at Sl. No. 7 to 21. The amount of wages was paid to

workman at different time. Exhibit W-3 shows payment

of wages to workman on various dates. Exhibit W-4 is

notice issued by ALC, W-5 is payment vouchers about

wages paid to the workman. Thus evidence of workman

is corroborated by documents. Evidence of management’s

witness is not supported by documents. Witness of

management has no personal knowledge about working

days of workman as he was not posted in the branch at

the relevant period. Therefore evidence of workman

deserves to be accepted. It is proved from evidence of

workman and documents on record that workman was

working in IInd party as sweeper from 1-6-07 till

discontinuation of his services. No documents are

produced on record that workman was only working for

two hours in the branch. The suggestions in that regard

are denied by the workman. Evidence is sufficient to hold

that workman was working more than 240 days preceding

the termination of his services. He was not served notice,

retrenchment compensation was not paid to him. Thus

termination of service of workman is in violation of

Section 25-F of I.D.Act. however workman was engaged

on daily wages. He was not appointed following

conciliation process. Therefore workman is not entitled

for reinstatement. For above reasons, I record my finding

on Point No.1 partly in Negative.

10.

Point No.2- as per my findings in Point No.1,

termination of service of workman is in violation of

Section 25-F the workman was working in the branch

from 1-6-07 till 9-1-09. Considering the period of

working and he was engaged on daily wages, his services

were terminated in violation of Section 25-F of I.D.Act,

reasonable compensation would be justified. In my

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 11] 2014@vkf'ou 19] 1936

6783

considered view, compensation Rs. 50,000/- would be

reasonable. Accordingly I record my finding in Point No.2.

11.

In the result, award is passed as under:-

(1)

The demand of the General Secretary, Dainik Vetan

Bhogi Karmchari Sangathan, Ujjain in reinstating

Shri Dilip Chohtel , sweeper/ Messenger in service

w.e.f. 9-1-09 is proper.

(2)

IInd party is directed to pay compensation Rs.50,000/

- to the workman Shri Dilip Chohtel.

Amount as per above order shall be paid to workman

within 30 days from the date of notification of award. In

case of default, amount shall carry 9 % interest per annum

from the date of award till its realization.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 10 vDrwcj] 2014

dk-vk- 2723-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj Hkkjrh; LVsV

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

vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k] tcyiqj ds iapkV (lanHkZ la[;k 28@78) dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 01&10&2014 dks izkIr gqvk FkkA

¹la- ,y&12012@128@76&Mh (II A)&vkbZvkj (ch&I)º

lqefr ldykuh] vuqHkkx vf/dkjh

New Delhi, the 10th October, 2014

S.O.

2723.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 28/78)

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

Jabalpur as shown in the Annexure, in the industrial

dispute between the management of State Bank of India

and their workmen, received by the Central Government

on 01/10/2014.

[No. L-12012/128/76-D (II A)-IR (B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/28/78

PRESIDING OFFICER : SHRI R.B.PATLE

Assistant Secretary,

State Bank of India &

Subsidiary Bank Employees Union,

C/o SBI, Bhopal

....Workman/Union

Versus

The Regional Manager,

Region-I, State Bank of India,

Local Head Office, Hamidia Road,

Bhopal

....Management

AWARD

Passed on this 28th day of March, 2013

1.

As per letter dated 23-26/5/1978 by the Government

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

received. The reference is made to this Tribunal under

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

12012/128/76-D(IIA) . The dispute under reference

relates to:

“Whether the action of the management of the State

bank of India Local Head Office, Bhopal in

dismissing Shri B.K.Unde official-in-charge, Jawar

Sub Office, Ashta Branch of the Bank w.e.f. 27-8-

75 is justified? If not to what relief is the workman

entitled?”

2.

After receipt of reference notice were issued to the

parties. Ist party workman submitted Statement of claim

at Page 6 to 13 of the record. The case of Ist party

workman is that he was appointed as clerk in city branch

on 1-1-56. Since his appointment, he was doing duties

honestly and efficiently, his work was appreciated by the

higher authorities. That there was no warning or

chargesheet or any other adverse remark against him.

He was working at Jawar Sub office of Ashta Branch of

State Bank of India in 1971. That he was put incharge of

recovery and he was extremely busy during February to

May 1971. He claims to be overworked and under staffed

during this period. That from 5-6-71 to 4-7-71 , he was

on leave.

3.

It is submitted that Shri A.P.Khunte cashier at Ashta

Brach was served with chargesheet. Ist party workman

B.K. Unde had took active interest in the case of

Shri Khunte. It is annoyed by Bank Manager Shri P.K.

Jain. During the period workman was on leave, Branch

Manager Shri P.K. Jain with the help of cashier incharge

Shri K.R. Khan tried to manufacture cases against

Shri Unde and got complaints and letters etc. written

against workman. On his return from leave workman

reported some mistake committed by Shri Mohanlal and

Shri Khan on 5-7-71 which was annoyed by Branch

Manager Mr. Jain. Workman was suspended on 23-7-71.

According to Ist party, the suspension was contrary to

the provisions of Shastri and Desai Award. It is further

submitted that no chargesheet was given, suspension

order was issued prior to chargesheet. It is illegal, arbitrary.

For more than a year, no chargesheet was given to the

workman. He submitted that Union believes that

documents and evidence were being manufactured against

workman by interested persons. If there was any serious

or substantial allegation against the workman there was

no reason why a chargesheet could not issued immediately.

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It is submitted that workman was kept under suspension

to create evidence and to destroy relevant documents. It

is alleged that there was intention somehow to punish

workman as some persons were annoyed with him.

Chargesheet was given to him on 15-9-1972. Chargesheet

was not accompanied with list of witnesses, list of

documents relied by management. Copies of statement

of witnesses taken, copies of the relevant documents were

supplied with the chargesheet. Workman in his reply

dated 25-9-72 informed management that since the

chargesheet contains 13 charges covering several

transactions in the sub office, the workman was unable

to submit detail explanation in absence of access to books,

ledgers, daily statements etc. However he denied the

allegations against him.

4.

Ist party workman submits that enquiry was not

started till 23-9-1974. The enquiry started on that day

with questioning of workman. The defence had submitted

objection contending that he had given letter for

inspection of documents and supply of documents as he

had requested that all necessary documents be submitted

before the enquiry proceeds. It is alleged that Branch

Manager, Shri P.K.Jain made false statement before the

Enquiry Officer that the documents were shown in the

presence of field officer Shri A.B.Yadav who had denied

it. That it is alleged that without giving the workman

sufficient opportunity to prepare the Defence Enquiry was

conducted. The Enquiry Officer acted as prosecutor

helping management by asking leading questions.

5.

Ist party workman further submits that vide letter

dated 19-10-1972, he had requested for copies of

statements of the prosecution witnesses. His request

was refused by management as per Letter dated 7-12-71

and again on 3-4-74. The copies of statements of Munna

Khan and Gangaram were not supplied to him. He

suffered prejudice in defence. There was no justification

in denying copy of statement of witnesses.

6.

Ist party workman submits that enquiry held against

him is illegal as list of witnesses, documents, copies of

statements of witnesses were not supplied to him.

Approach of Enquiry Officer was biased. He was acting

as prosecutor asking leading questions to the witnesses.

Ist party was not allowed inspection of record for his

defence. That 7 witnesses Shri R.P.Sarothia, Ramesh

Sharma, Om Prakash Jain, Nutankumar Jain, A.P.Khunte,

Atmaram Durghe and Mishrilal Ajmera were not

examined in the enquiry. Ist party workman was refused

opportunity to examine witness V.M.T.Joshi and

P.C.Sharma inspite of his written request dated 24-9-94

and letter dated 25-9-94. That Enquiry Officer did not

inform on 25-9-94 that the evidence of the prosecution

was closed and the workman may examine himself and

defence witness. It is alleged that Enquiry Officer without

justification refused to examine defence witness. That

Mohanlal Messenger was the most important witnesses

in the case, he was not examined. Non-examination of such

witness has prejudiced the defence. It is alleged that

findings of Enquiry Officer are perverse, without giving

opportunity Enquiry Officer drawn adverse inference.

That evidence of hostile witnesses to the workman is

relied upon the Enquiry Officer. The proceedings were

not correctly recorded. That destruction of record between

the period of suspension and enquiry caused prejudice.

That Enquiry Officer couldnot find workman guilty of

some of the misconducts alleged against him. Inspite of

it, management held him guilty for all the misconducts.

After declaration of emergency in June 1975, services of

Ist party were terminated on 17-8-75. It is alleged that

termination of service of Ist party workman is by way of

victimization. On above contentions, Ist party workman

prays for his reinstatement with full back wages and other

all consequential benefits.

7.

IInd party filed Written Statement at Page 2 to 5 of

the record. All material allegations of Ist party workman

are denied in the Written Statement by IInd party. It is

submitted that workman was suspended from 23-7-91

on allegations of fraudulent acts. After thorough probe

into the matter, the picture become clear about fraudulent

acts committed by workman, then chargesheet was issued

on 15-9-72. The explanation submitted by workman was

not found satisfactory Therefore Departmental enquiry

was initiated. By amendment, IInd party contended that

workman is not covered as workman under I.D.Act. He

was receiving wages more than Rs.500/- per month.

Shri B.K.Unde was supervisory work so as to administer,

control, conduct and control of the affairs including the

staff and other matters pertaining to the sub office Jawar

that the present reference is not tenable in this Tribunal.

8.

IInd party further submitted that the enquiry could

not be conducted earlier due to adjournments of enquiry

on several occasions at the instance of the defence counsel

and for collection of a number of witnesses including

outsiders. That enquiry Officer could not submit his report

till 21-2-1975 as the Presenting Officer and Defence

Counsel both by submitting their written arguments, the

defence counsel submitted extensive written arguments

(63 pages). The Enquiry Officer was also required to

attend his daily duties being Regional Manager time

required to carefully peruse the voluminous enquiry

proceedings. The Enquiry Report was submitted after

considering the evidence. Showcause notice was issued

to workman on 16-6-75. Reply was given to showcause

notice, the workman accepted his guilt and pleaded for

mercy. It is submitted that workman was given proper

opportunity for his defence. Principles of natural justice

were followed. The order of dismissal was challenged by

workman. His appeal was dismissed after due

consideration. It is further submitted that Bank is a credit

institution and its employees enjoys fiduciary position.

As a credit institution, the Bank has primarily to deal

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6785

with money matters and other documents relating to

payments and receipts of money etc. In this case, Bank

has sufficient ground to lose faith. Applicant Shri

B.K.Unde has no case for warranting reconsideration

by this Tribunal. It is further submitted that if it is found

that enquiry proceedings are defective, IInd party prayed

to lead evidence for proving his misconduct.

9.

The amendment in Written Statement of IInd party

contends that Ist party workman is not covered as

workman under I.D.Act. It is denied by Ist party filing

reply annexed with the rejoinder. In his rejoinder filed at

Page 15 to 17, Ist party retreats his earlier contentions

that enquiry conducted against him is not fair and proper.

That chargesheet was not immediately issued for

fabricating witnesses and evidence. It is submitted that

Enquiry Officer was committed to hold him guilty and it

was the reason for submitting his report after long delay.

That while giving reply to show cause notice, workman

was advised by interested parties if he gives reply on the

lines suggested to him, management will not take serious

action. However he has not admitted the guilt as alleged.

He was defending charges against him. That punishment

imposed against him is contrary to Shastri/Desai Award.

The enquiry was not correctly recorded . That enquiry

proceedings was not produced which would show the

correct state of affairs. It is submitted that contention of

management about loss of faith as held by the Hon’ble

Supreme Court in the case of Michel John is out dated

and not applicable in the present case. Ist party retreated

his claim for reinstatement with back wages.

10.

Management filed rejoinder at Page 18 to 23. The

contention of IInd party in his Written Statement are

retreated. It is denied that Ist party workman was

discharging his duties honestly with devotion. It is denied

that workman was overloaded due to shortage of staff. It

is submitted that Mr. Unde was suspended much prior to

Mr.Khunte was chargesheeted. The allegation of

manufacturing evidence, documents by Branch Manager

are denied. It is denied that the suspension of workman is

contrary to Desai/Shastri Award. It is denied that Enquiry

Officer was committed to record finding of his guilt. It is

submitted that the workman had taken inspection of the

documents on 28-9-72 in presence of the Field Offficer

A.P,.Yadav. All other contentions in statement of claim

and rejoinder filed by workman are denied. It is denied

that the enquiry suffered from any defect alleged by the

workman. It is denied that the Enquiry Officer acted as a

prosecutor. The allegation of victimization are denied. By

amendment, IInd party has contended that Govt. is

incompetent to make reference. Earlier he Govt. had refused

to make reference as per Letter no. L-12012/128/76 dated

15-11-76. IInd party prayed that there is no substance in

demands of Ist party and relief prayed by Ist party be

rejected.

11.

Considering pleadings between the parties and after

recording evidence, my learned predecessor decided

preliminary issue vide order dated 20-6-79 . The Enquiry

was held vitiated. It is observed that incomplete part of

enquiry shall be completed before this Tribunal. First

delinquent workman have been examined and then he

will have the opportunity to adduce evidence of defence

witness including his own. Vide order dated 23-5-81,

objection raised by IInd party that Ist party is not workman

under I.D.Act and reference is not tenable,. The said issue

has been decided in favour of the Union rejecting

contentions of IInd party management.

12.

Other parties adduced evidence and after hearing

the arguments, my learned predecessor passed award

dated 4-2-83 holding that the action of the management

of SBI was justified in dismissing workman B.K.Unde,

Official Incharge , Jawar sub office, Ashta branch w.e.f.

27-8-75. The workman was not entitled to any relief.

13.

The said award was challenged by Ist party filing

miscellaneous petition No. 2498/84. The said Writ

Petition was decided on 4-3-91 by Hon’ble High Court.

The petition was allowed. The award dated 4-2-83 by

this Tribunal was quashed. The case is sent back to the

Tribunal with a direction that the Bank shall furnish to

the petitioner the copies of the complaints made by Munna

Khan, Ganga Ram and Kudrat Ali. Thereafter the

Tribunal shall afford an opportunity to the Bank to prove

the misconduct against the petitioner and the petitioner

shall also be allowed to adduce such evidence in rebuttal

as he may deem necessary to meet the charges levelled

against him and thereafter the Tribunal shall give a fresh

award.

14.

Considering above background and finding that Ist

party is covered as workman under I.D.Act recorded by

my predecessor is not challenged or set aside, said finding

is issued finally.

15.

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 charges alleged against

Partly in

Ist party workman are proved?

affirmative

(ii)

Whether punishment of dismissal

In Affirmative

imposed by IInd party is harsh,

disproportionate and calls for

interference?

(iii)

If so, what order?

As per final

order.

REASONS

16.

In view of finding on preliminary issue, the enquiry

was held defective. The management adduced evidence

to prove charges against workman. The workman

examined himself and 2 witnesses to substantiate his

defence. The evidence with respect to fairness of enquiry

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is not necessary to discuss. The directions of Hon’ble

High Court in Miscellaneous Petition No. 2498/84 are clear

that the copies of statement of witnesses were to be

supplied to the workman. Ist party workman was to

examine himself generally. The management was allowed

to adduce evidence. Ist party was permitted to lead

evidence in rebuttal. In pursuance of the directions in

Miscellaneous petition, the evidence is recorded. In

enquiry proceedings, Shri A.B.Yadav Field Officer did

not support the contentions of the Bank Manager that

documents were shown to the workman is of no

consequence. As pr evidence adduced as per the directions

in miscellaneous petition 2498/84 Shri Munnakhan in

his evidence has stated that he had not withdrawn amount

of Rs.200/- . The withdrawal bearing signature were

submitted. Complaints with letters requesting enquiry

about short balance amount Rs.200/- in his pass book. In

his cross-examination, in his evidence is not shattered.

However his evidence in cross-examination shows that

amount of Rs.200/- was deposited in his Account No.

26571 but he claims that he had not deposited the said

amount. The deposit slip did not bear his signature.

Management’s witness Shri Gangaram has stated in his

evidence that amount Rs.500/- was not withdrawn by him.

He admits that he had submitted complaint with letters

requesting enquiry. That the pass book was with Shri

B.K.Unde, the workman. When he asked about it, Mr.

Unde told him that pass book would be handed over to

him after it was signed by Branch Manager, Ashta

Branch. The evidence of Gangaram further shows that

withdrawal No. 310577 dt. 7-5-71 for Rs.600/- doesnot

bear his signature. Zerox copy document Exhibit 2/A

was produced in the enquiry. In his further evidence, he

says that on the day of withdrawal of Rs.1690 he was

asked whether all the money in his account were

accounted for and he was in dire need for money. He

had signed the letter of withdrawal of complaint. On

3-6-71 the amount of Rs.600/- was credited in the account

was deposited. Both the witnesses tried to support

workman that the amount in their account were properly

deposited. Their evidence in cross-examination shows

that workman had personally approached there and on

his representation that his service was in risk, they had

given letters for withdrawal of their complaint. The question

is which version is to be relied upon. As per Evidence Act,

the conduct of person is relevant, when the Ist complaint

was submitted by both of them that the amount in their

account was not properly shown. After the amount was

properly accounted for and narrated about it by the

workman, they had given letter for withdrawal of their

complaints. If all those facts are carefully considered, the

allegations in the complaint submitted by both of them

cannot be said false or motivated to falsely implicated

workman.

17.

The evidence of cashier Mr. Khan in the enquiry is

crucial. In his evidence says that withdrawal slip of

Rs. 200/- from account of Munna Khan was submitted by

Manohar lal messenger on instructions of Ist party

workman. He had paid to Manohar lal. In his further

evidence, cashier says that Manohar lal paid amount

Rs. 200/- to the workman. His evidence how he could see

handing over of amount by Manohar lal to workman Unde

is not clear from his evidence. The evidence in cross-

examination of Khan needs to be considered carefully. In

his cross-examination, he says that two explanations dated

28-9-72 and 29-9-72 were submitted by him were in his

handwriting. He admits that while he was posted at Jawar

as acting cashier incharge and he was staying at Jawar. In

reply to next question, he says that he was doing up down

from Astha and he told lie about it. This witness was unable

to tell how many payments he had made on 6-7-74 as cashier

incharge at Jaswar sub-office. He was unable to tell

without looking into record names of parties whom he

made payments. The evidence of this witness was recorded

after long gap of the alleged transaction of withdrawal of

amount from Account of Munna Khan, Gangaram. The

witness in his cross-examination was unable to tell without

looking to record about money received by him from other

persons on 6-7-74. It is therefore difficult to believe that

the amount deposited in account of Munna khan on 26-7-

71 was paid to him by Shri B.K.Unde, the workman. The

evidence of other witness in the enquiry P.J.Pathak is on

the point of general information about irregularities in the

accounts of customers. He had discussed matter with Mr.

Sharma, Union Secretary. He has no personal knowledge

about deposit or withdrawal of the amount.

18.

Shri Kudrat Ali in his evidence has stated that he

has filed complaints Exhibit 3(c) & 3(d) that short amount

were deposited. To be precise, he says that on 13-2-71, he

deposited amount of Rs.650/- in the Bank. The amount

was given to the workman Shri Unde. The entry of Rs.650/

- was taken in account books. He produced voucher dated

16-2-71 of Rs.500/- for credit in his account. He says that

he did not sign the voucher. The photocopy of vouchers

produced are Exhibit 3(a). That he had given money to

Shri Unde. He handed over money as cashier. The amount

of less amount Rs. 150/- was deposited. He deposited said

amount on 4-3-71 after withdrawing Rs.1900/- from his

account.

19.

Shri B.K.Unde in his evidence has denied to have

received amount from either of these witnesses. He claims

to be falsely implicated. He denies allegation of fraud.

The signatures of Munna Khan appears on the

documents. His signatures were not examined by

handwriting expert. Any criminal proceeding was not

initiated against workman or messenger Manoharlal. The

evidence of Branch Manager about DD of Rs.170/- issued

to the workman. The amount was less in his account

therefore amount under DD and cheque of Rs.200/- was

not paid. The evidence on record is not sufficient to

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6787

establish that amount actually received by workman for

wrongful gain with dishonest intention rather amount of

Rs. 200/- less in account of Munnakhan was deposited

within 20 dyas. The short amount of Rs.150/- in account

of Shri Gangaram was also depsotied in March 1971.

Despite the letters of withdrawal of complaint was given

by Gangaram and Munnakhan, fresh letters were obtained

from them requesting enquiry. The evidence of this

witness is clear that they have not written the letters

produced on record requesting enquiry about the

irregularities in their accounts. The charge of forgery,

misappropriation, wrongful gain cannot be proved from

evidence on record against workman. The evidence on

record is sufficient to prove that withdrawal payment

vouchers were sanctioned by workman without verifying

signatures of the account holder. The amount of Rs.650/-

deposited by Gangaram was handed over to cashier Khan

without verifying the same from receipt. It shows

negligence from duty on part of workman.

20.

So far as evidence on record shows upon depositing

amount Rs. 200 in account of Munnakhan on 26-5-71

doesnot pointout that the deposit slip was signed by the

workman.

21.

Register of enquiry produced in the matter shows

that when enquiry was initiated against messenger

Manoharlal. He was not examined as witness in enquiry

against Ist party workman to establish that the amount

withdrawing from Account of Munnakhan and Gangaram

was handed over to workman Unde. The legal position

with respect to burden of proof in matter of domestic

enquiry is that there should be some evidence to make

out the charges alleged against the delinquent workman.

The standard of proof is not required as in criminal case

to establish charges beyond doubt.

22.

Shri Gangaram and Munnakhan when examined

before this Tribunal, they tried to support the workman.

Shri Gangaram says that he did not remember withdrawal

of Rs.600 . That Exhibit M-21 bears his signature. In his

cross-examination, he says that he did not remember

that he withdraw Rs. 600/- or deposited Rs. 600/- vide

Exhibit M-19. The witness is supporting half heartedly

on the allegation of management. Similarly Munnakhan

in his evidence before Tribunal says that he has not lodged

complaint. Bank has obtained his signature on some paper,

he had not read the papers. In his cross-examination he

says that had not given any complaint to the Bank. Some

agent came to his house and obtained signature on Exhibit

M-1. It appears that both witnesses are not supporting

whole heartedly because of certain influence. After

directions in Miscellaneous Petition 2498/84, management

produced affidavit of witnesses. However the right to

cross-examine those witnesses was closed for repeated

absence of the workman. Their evidence remained

unchallenged. Thus the evidence on record varies at

different stags but considering the conduct of the

witnesses submitted complaints, they supported

allegation against workman at the Ist instance in the DE,

observations to be relied upon. The evidence on record

proves charge No.1,2,3,4 but dishonest intention for

receiving wrongful gain on part of workman cannot be

proved as alleged in Charge No.1 to 3 cannot be

established. So far as Charge No.5 ( a to h) are

miscellaneous error observed by Enquiry Officer. No errors

or omissions on part of the workman while maintaining

the account are established. Accordingly I record for

reasons discussed above that the transactions in charges

1,2,3 are proved. The wrongful intention, forgery of

signature by documents in Ist party workman Shri Unde is

not established.

23.

Charge No.4- Negligence on part of Ist party

workman is proved.

24.

After receiving report of the Enquiry Officer,

punishment of dismissal from service is imposed. The

charges 1 to 5 against delinquent workman included

dishonest and fraudulent intention of withdrawing

amount and depositing the same in wrongful way by

receiving the amount in wrongful gain of fraudulent and

forgery on part of Ist party workman is not supported by

satisfactory evidence. Ist party workman is unfortunate

that despite of repeated anxiety of P.O, the matter could

not be decided earliest. The case was adjourned from 1994

for argument. Counsel for IInd party management many

times even the counsel for Ist party workman sought

adjournment and did not argue the matter. After issuing

notice to the counsel for IInd party management, they

did not appear and argue the matter. I am not benefitted

with the argument on behalf of IInd party management.

In judgment by my brother in passing the award on

23-5-81 observed that though the order of punishment of

dismissal from service of workman was upheld as just

and legal observed considering present hard times, in

case the workman is agreeable to be appointed on the

post last held by him or even low post, management

should consider favorably, such prayer if any made by

workman. It appears that said observation was not

respected by the management. The award was challenged

by Ist party in miscellaneous petition No. 2498/84 and

the award has been set-aside with direction to supply

copies of statements and allow opportunity to adduce

evidence to both parties. As discussed above, the

evidence on record is not sufficient to establish that

workman with dishonest intention withdrawing amount

from account of Shri Munnakhan and Gangaram and

wrongfully used said amount for his own benefit. Amount

in account of Munnakhan and Gangaram was properly

accounted even prior to the enquiry initiated or the

chargesheet was issued. Complaint were withdrawn by

both of them but some officer from the Bank persuaded

them to give fresh letters requesting enquiry in the matter.

If those aspects are considered carefully, the punishment

of dismissal from service of workman which results in

Civil Death and ultimate punishment to family members

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THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

surely is not justified. It is disproportionate to the proved

misconduct. In view of Section 11 A of I.D.Act, punishment

needs to be modified.

25.

At the time of argument, the learned counsel for

workman Shri Shashi submits that workman could not

be in service as he is more than 70 years of age,

reinstatement is not possible. That few days of his life

has remained. On above lines, he submits that Ist party

may atleast get pensionery benefit. Considering the facts

and circumstances of the case in my considered view,

reinstatement of workman without back wages will

certainly give pensioner benefits to workman and will

fulfill the expectations of Ist party to live smooth life

during the last phase of his life. For above reasons I hold

that the punishment of dismissal against workman is not

proper. It is disproportionate.

26.

In the result, the award is passed as under:-

“1.

The Act of IInd party management of dismissal of

service of Ist party from 27-8-75 is not legal. The

order of his dismissal is set aside.

2. IInd party is directed to reinstate Ist party workman

Shri B.K.Unde without back wages.”

R. B. PATLE, Presiding Officer

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New Delhi, the 10th October, 2014

S.O.

2724.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 97/2005)

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 India

and their workmen, received by the Central Government

on 01/10/2014.

[No. L-12025/01/2014-IR (B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

AT HYDERABAD

Present : Smt. M. Vijaya Lakshmi, Presiding Officer

Dated the 18th day of March, 2014

INDUSTRIAL DISPUTE L.C.No. 97/2005

Between:

Sri V. Bala Raju,

S/o Ramaiah,

C/o Sri S. Ravindranath,

Advocate, 3-4-142/9, Flat No.302,

III floor, Lalitha Apartment,

Barkatpura, Hyderabad -27.

….Petitioner

AND

1.

The Chief General Manager,

State Bank of India,

Local Head Office, Bank Street,

Koti, Hyderabad.

2.

Branch Manager,

State Bank of India,

Main Branch,

Narasarao Pet, Guntur (Dist).

3.

Branch Manager,

State Bank of India,

Accampet, Acchampet (M.D.)

Guntur (A.P)

….Respondents

Appearances:

For the Petitioner

: M/s. S. Ravindranath,

V. Ramu & M.V.R. Rao,

Advocates

For the Respondents

: M/s. B.G. Ravindra Reddy &

B.V. Chandra Sekhar,

Advocates

AWARD

This is a petition filed by Sri V. Bala Raju, the

workman invoking Sec. 2A(2) of the Industrial Disputes

Act, 1947 seeking for to reinstate him into service with

full back wages and all attendant benefits by declaring

that the oral order of retrenchment dated 13.8.2002

rendered by the Respondents as void and without

jurisdiction.

2.

The averments made in the petition in brief are

as follows:

Petitioner who got registered in the employment

exchange office at Guntur for the post of Driver. Being

possession of all required qualifications for the said post

received call letter and attended interview conducted in

the State Bank of India, Narasaraopet, Agricultural

Development Branch for the said post of Driver-cum-

Messenger. He got selected in the interview and was

appointed in the said post on 5.2.1974 against permanent

vacancy. Whereas one Mr. P. Peddbhai was appointed

as temporary Driver-cum-Messenger post along with the

Petitioner and his services were regularised in 1978 itself

but the Petitioner was denied the same benefit. Petitioner

discharged his duties as Driver-cum-Messenger till 1980

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6789

at Narasaraopet on wages of Rs.250/- per month from

petty cash. He was informed by the officers of the said

branch that they were taking suitable steps in making the

Petitioner as permanent employee. On that ground he was

transferred from Narasaraopet (ADB) branch to

Sattenapalli branch. He was under the impression that

his services would be regularised on par with the other

employees. While he was working in Sattenapalli branch

Respondent advanced a loan for purchase of a Jeep

bearing No. MRD 5667 for the purpose of their official use

and assured that he would be continued as Driver-cum-

Messenger. His services were utilised exclusively for the

purpose of bank. In this connection Respondent also

opened SB A/c N.P.24/7645 and the bank used to deposit

the amounts into the said account stating it to be the

salary after deducting the instalment of loan amount

directly. Petitioner worked in Sattenapalli till 28.6.1991.

Later he was transferred to Narasaraopet branch in the

capacity of Driver-cum-Messenger and worked there till

30.4.1997. During that period he also worked for a brief

period at State Bank of India, Peddakurapadu. The bank

officials utilised his services exclusively for the purpose

of bank to operate on the above said Jeep. After Petitioner

was transferred to Narasaraopet branch Respondent used

to pay the amounts by way of bankers cheque till 1.5.1997

on the day of which his services were disengaged and he

was asked not to attend the duties. Petitioner was under

full control of the Respondents and was transferred to

various places as per the instructions of the higher officials

from time to time. Respondents extracted work from the

Petitioner in various fields like Driver, Messenger and

Watchman. Respondent failed to pay the salary as per the

scale applicable to Driver etc., at any point of time despite

extracting work from the Petitioner. He was forced to work

every time even after office hours. As per the directions

of the officials. But suddenly 2nd Respondent removed

the Petitioner from service w.e.f. 1.5.1997 without giving

any notice. Though the vehicle is shown as Petitioner’s

own vehicle it was kept under the custody of the

Respondent. Petitioner also worked under the control of

the Respondents. 3rd Respondent again took the

Petitioner into service and extracted work from 4.12.2001

to 13.8.2002 and terminated his services without assigning

any reasons. He was driven out of the employment after

30 years of services mercilessly. The said act is highly

arbitrary and illegal. Taking advantage of the Petitioner’s

illiteracy and ignorance, Respondents played fraud on him

and thrown him on to the road at the verge of his retirement

age. Since he is the only bread winner of his family, the

acts of the Respondents tantamount retrenchment under

Sec.25F and Chapter V-B of Industrial Disputes Act, 1947.

Petitioner tried to his level best to secure alternative

employment, but he could not secure one. Hence the

petition.

3.

Respondents/Management filed their counter with

the averments in brief as follows:

Petitioner was never appointed or engaged as Driver.

There is no relationship of employee and employer

between the Petitioner and the Respondents. The question

of termination does not arise. The Petitioner has got his

own Jeep bearing registration No.AAk 3347 and the same

was given on hire to the bank, on rent. Petitioner used to

drive the said jeep and he used to collect the hire charges,

depending upon the usage. The jeep along with the driver

was taken on hire during the period from 1.1.1995 to

31.3.1997 by the Narasaraopet branch and from 1.2.2002 to

8.4.2002 by the Atchampet branch depending upon the

requirement from time to time. Necessary vouchers towards

the charges/rent paid to such services rendered by the

Petitioner are filed as material papers. Petitioner never

worked as employee either as casual employee or as

temporary employee. Petition is not at all maintainable as

there is no industrial dispute. Petition is liable to be

dismissed.

4.

To substantiate the contentions of the Petitioner/

workman he examined himself as WW1 and got marked

Ex.W1 to W8. On behalf of the Respondents/

Management MW1 was examined and Ex.M1 to M3 were

marked.

5.

Heard the arguments of either party. Written

arguments are also filed for either party and the same are

considered.

6.

The points that arise for determination are:

1.

Where there is relationship of employer and

employee between the Respondent bank and the

Petitioner?

2.

Whether Petitioner is entitled for the reliefs sought

for?

7.

Point No. I :

It is the contention of the Petitioner that he attended

the interview with the Respondent bank, in pursuance of

a call letter received by him from the Employment

Exchange with whom he registered himself and in the said

interview he was selected and appointed as a Driver-

cum-Messenger and in that capacity he worked since the

year 1974 in various branches of the said bank. Whereas

it is the contention of the Respondents that Petitioner

was never appointed as Driver-cum-Messenger by them

and that they only hired the Jeep owned by the Petitioner

and Petitioner has driven the said jeep and rendered

services as the said hired jeep driver only but not as their

employee and that there was never any relationship of

employee and employer between the Petitioner and the

Respondent bank.

8.

But Petitioner is relying upon Ex. W1 to W8 in

support of his contentions, apart from his own oral

evidence as WW1. Ex.W1 is copy of call letter dated

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[PART II—SEC. 3(ii)]

23.1.1974 received by the Petitioner from Employment

Exchange, Guntur which clearly shows that Petitioner was

asked to attend the interview held on 5.2.1974 at 2.30 PM

by the Branch Manager, State Bank of India, Agricultural

Development Bank, Narasaraopet, Guntur district for the

post of Driver-cum-Messenger which carries Rs.116/- plus

allowances as salary. Ex.W2 is the particulars of services

rendered by the Petitioner with the Respondent bank

issued by the Branch Manager, State Bank of India,

Agricultural Development Bank, Narasaraopet, Guntur

district which is to the effect that Petitioner worked in

subordinate cadre as Driver-cum-Messenger/Watchman/

Special Messenger with the said bank. Ex.W3 is the

certificate issued by the Branch Manager, State Bank of

India Agricultural Development Bank, Narasaraopet

certifying that Petitioner has put in a temporary service of

3 months and 16 days in various categories in the said

Branch as Driver-cum-Messenger/Watchman/Special

Messenger and that his conduct and character are good.

Ex.W4 is the copy of savings account pass book pertaining

to the Petitioner. Ex.W5 is the office copy of the

representation made by the Petitioner to the Respondent

bank claiming that he worked as a driver for the

Respondent bank, but injustice was done to him. Ex.W6

is the acknowledgement under which the said letter was

received by the Respondent bank. Ex.W7 is the order

dated 10.7.2012 issued by the Central Information

Commission, New Delhi whereunder Respondent bank

was directed to make available the information sought in

the RTI application filed by the Petitioner connecting with

his service verification within 30 days after the receipt of

the said order. Ex.W8 is also copy of the SB Account pass

book pertaining to the Petitioner with the Respondent bank

which contains various entries regarding all the amounts

credited by the Respondent bank into his account.

9.

The Chief Manager of the Respondent bank Sri T. G.

Prabhakar who was examined as MW1, has stated during

his cross examination that he is not disputing with Ex.W1

to W4. That means, the factum of Petitioner attending an

interview conducted by the Respondent bank for the post

of Driver-cum-Messenger and subsequently his working

for the said bank in that capacity is concerned evidently,

there is no dispute. Such is the case, it is for the

Respondent bank to come out with the information

regarding what transpired between the said bank and the

Petitioner later on. Respondent bank is the custodian of

all the service particulars and service record of the

Petitioner. It is for them to produce all relevant record

before the court. Whereas, apart from not filing said record

before this court to reveal the true nature of the affairs,

when the Petitioner filed an application invoking Right to

Information Act, seeking for the said particulars, evidently,

the Respondent bank not even bothered to answer the

same. Ex.W7 order clearly shows that Respondent bank

has not responded to the RTI application made by the

Petitioner seeking for furnishing such particulars.

Evidently they purposefully misunderstood the application

and gave irrelevant answers before the information

authorities by which Petitioner was constrained to file

appeal, from appeal and finally to the Central Information

Commission, New Delhi, who has rendered Ex.W7 order

requiring the Respondent bank to make the information

sought for by the Petitioner available within the time limit

prescribed. But evidently, so far such information has

never been furnished to the Petitioner. While MW1 was

deposing before the court he undertook to produce the

some documents before this court and also comply with

the direction given in Ex.W7 order. But no such document

is produced before this court and there is no information

revealed before this court to show that Ex.W7 order was

complied with. This conduct on the part of the

Respondent bank clearly shows that they are bent upon

suppressing vital information relevant to the present

industrial dispute and are purposefully evading their

liability to reveal the true nature of the affairs regarding

the service of the Petitioner with them.

10.

It is the contention of the Respondent bank that

under Ex.M1 vouchers, hire charges were paid to the

Petitioner for the jeep hired by them. The Respondent’s

bank described the said vouchers in the chief examination

affidavit of MW1 stating that these vouchers are signed

by the Petitioner in token of receiving hire charges.

Whereas while MW1 was under cross examination, he

admitted that Petitioner’s signatures are not available on

Ex.M1 vouchers and further that his name also was not

mentioned in them. In that case how the Respondent

bank could connect these vouchers to the Petitioner is a

question which remained unanswered.

11.

Petitioner specifically stated that along with him one

Sri Peddbhai was also appointed as Driver-cum-

Messenger and that his services were regularised.

Whereas Petitioner, whose services were continuously

taken as Driver-cum-Messenger for long period of 30 years,

was not regularised and thus there is discrimination.

Respondent has not chosen to answer this contention at

all. For Petitioner, it is argued that purposefully, the

services particulars of Sri Peddbhai which are readily

available with the Respondent bank are not filed before

this court. It is a fact that, that said service particulars

were not filed before the court. MW1, the witness who is

examined before the court on behalf of the Respondent

bank Management has stated that he does not know

whether one Sri Peddbhai is junior to the Petitioner and

whether Sri Peddbhai has worked as Driver-cum-

Messenger. If such is the evidence adduced for the

Respondent, in this industrial dispute what one can

understand is that Respondent is evasive in this respect

also and therefore, it is to be taken that contentions of the

Petitioner with this regard are true and correct.

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6791

12.

It is the specific contention of the Petitioner that

one Sri Prabhakar Rao, a senior official of the Respondent

bank enquired into the matter and made a report to the

effect that Petitioner worked for the Respondent bank from

1974 to 2002 and that said report is being suppressed

purposefully by the Respondent bank. MW1 though

denied the truth of this suggestion, failed to file the said

report before the court inspite of his giving an undertaking

that he would produce official letter register and also the

said enquiry report before the court. As already discussed

above, Ex.W7 order has not been complied with so far by

the Respondent bank. It all clearly give rise to reasonable

understanding that purposefully Respondent bank is

suppressing the material record in this case. Thus, an

adverse inference is to be drawn to the effect that if such

record is produced before this court and is revealed to the

Petitioner, Petitioner’s contentions would be proved only,

Respondent bank is suppressing the said record.

13.

In the given circumstances, it is to be taken that

there is relationship of employee and employer between

the Petitioner and the Respondent bank.

This point is answered accordingly.

14.

Point No. II :

In view of the finding given in Point No.I, it can

safely be held that what all the contentions raised by the

Petitioner are correct regarding his service with the

Respondent bank and that the contentions contra raised

by the Respondent bank stating that Petitioner’s jeep has

been hired by the Respondent bank and that was the only

relationship between them is not acceptable. Thus, it is

to be taken that Respondent bank which employed the

Petitioner has terminated his service without serving any

notice or assigning any reason w.e.f. 13.8.2002 by way of

an oral order. The said order is in violation of the provisions

of Industrial Disputes Act, 1947 and further it is arbitrary

and illegal. Thus, it is liable to be set aside. In

consequence, Petitioner is entitled for reinstatement into

service with all attendant benefits and back wages.

This point is answered accordingly.

RESULT:

In the result petition is allowed. The oral termination

order dated 13.8.2002 under which Petitioner’s services

were terminated by the Respondent bank is hereby

declared as illegal, arbitrary and in violation of provisions

of Industrial Disputes Act, 1947 and it is hereby set aside.

Respondent bank is hereby directed to reinstate the

Petitioner into service as Driver- cum-Messenger forth

with w.e.f. 13.8.2002. Petitioner is entitled for all attendant

benefits and back wages consequently.

Award is passed accordingly. Transmit.

M. VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence :

Witnesses examined

Witnesses examined

for the Petitioner

for the Respondent

WW1: Sri V. Bala Raju

MW1: Sri T.G. Prabhakar

Documents marked for the Petitioner :

Ex.W1:

Photostat copy of call letter from Employment

Exchange dt. 23.1.1974

Ex.W2:

Photostat copy of particulars of service

rendered by Petitioner during 1974-1975

Ex.W3:

Photostat copy of certificate issued by the

Respondent Branch Manager dt.12.7.75

Ex.W4:

Photostat copy of SB A/c No.P.24/7645 of

Sattenapalli Branch dt. 14.2.1991

Ex.W5:

Photostat copy of representation by WW1

dt. 4.10.2004

Ex.W6:

Photostat copy of acknowledgement dt.

5.10.2004

Ex.W7:

Photostat copy of order dt. 10.7.2012 passed

by Central Information Commission

Ex.W8:

Photostat copy of pass book pertaining to

the Petitioner issued by Sattenapally Branch

Documents marked for the Respondents :

Ex.M1:

Photostat copy of bunch of vouchers signed

by the Petitioner in token of receiving hire

charges

Ex.M2:

Photostat copy of statement of charges

account

Ex.M3:

Photostat copy of circular dt. 26.12.2005

No.CDO/OP&SP/23./05-06

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New Delhi, the 10th October, 2014

S.O.

2725.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 17/2007)

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

as shown in the Annexure, in the industrial dispute

between the management of Central Railway and their

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[PART II—SEC. 3(ii)]

workmen, received by the Central Government on

01/10/2014.

[No. L-41011/28/2006-IR (B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE SHRI D.H. DESHMUKH, PRESIDING

OFFICER, INDUSTRIAL TRIBUNAL, AT PUNE

Reference (IT) No.17 of 2007

Between :

The Divisional Railway Manager

Central Railway, Pune.

...First Party

And

The Chairman,

Rail Kamgar Union,

C/o Madhya Railway Sthaniya,

Lakadhikar Samiti,

Central Railway,

Pune 411 001.

...Second Party

Advocates:

Smt. Salunkhe, Advocate for First Party.

Smt. S. A. Lokhande, Advocate for Second

Party.

AWARD

(Date : 23-04-2014)

This is a reference made by Government of India, for

adjudication of industrial dispute between Divisional

Railway Manager, Central Railway, Pune(“the first party”

for short) and the Chairman, Rail Kamgar Union, Central

Railway, Pune (“the second party” for short). The Schedule

to the reference order is as follows :-

“Whether the action of the management of Central

Railway, Pune in not reinstating 9 persons who have

been working as Vendor at Miraj Railway Station is

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

are entitled to ?”

The reference order is dated 3-10-2007.

2.

The second party union has filed the Statement of

Claim at Exh.U-2, which has got Annexure ‘A’, containing

names of 8 workmen/concerned workers along with details

like year of joining etc. Those names, the year of joining

and other details are as follows :-

ANNEXURE ‘A’

Sr.

Name

Year of Joining

Designation

Batch No.

Identity

Medical

No.

(at the time of

Card

Exam.

termination)

No.

Date

1.

Suryakant Nakul Masurkar

1990

Assistant Vendor/

1990

Helper

2.

Dayanand Moolay

1990

”

1990

3.

Ramesh B

1990

”

1990

4.

Padmanabha V. Moolya

1990

”

1990

5.

Vasudeo Moolya

1990

”

1990

6.

Ulhas Nakul Masurkar

1990

”

1990

7.

Yusuf a. Shaikh

1990

”

1990

8.

Thirugnanam

1990

”

1990

3.

The second party has contended that the concerned

workers were working as Assistant Vendors/Helpers for

increasing sale of various canteen items from railway such

as food, snacks, mineral water. Their work was supervised

by Manager of the first party Railway. They were required

to work in first shift. It is contended that the Industrial

Tribunal had earlier decided a similar matter with different

set of workers, and accordingly, regular employment has

been granted to those workers. The award is also passed.

The union has then contended that the concerned workers

were given 12% commission on sale of food etc. The

concerned workers were subjected to the medical

examination by the Medical Officer of the Railway. They

were also given badges and identity cards for

administrative convenience. The contention is that the

concerned workers had worked for many years, and were

liable to be absorbed in the permanent employment of the

railway. However, their services were abruptly orally

terminated in March 2001, without complying with Section

25-F of the I. D. Act. The termination is legal and justified.

The second party wants all the workers to be reinstated,

and absorbed in the services of the railways as Assistant

Vendor/Helper.

4.

The first party railways has resisted the claim,

denying the adverse allegations. The employment, the

alleged supervision etc are all denied. It is contended

that Commission Vendors were engaged by Railway

Authority for sale of various catering items such as food,

snack, mineral water on commission basis, and vendor

shops were managed on day to day basis by the

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6793

Commission Vendors themselves. The Commission

Vendors were not the employees of the railway, but earned

commission on items sold by them. The working hours

of the Commission Vendors were not decided or

supervised by the first party. The supervision was only

from the view point of health, sanitation, cleanliness and

the quality of food. The railway authority maintained

the Live Register, containing the names of Vendors. The

concerned workers were not employed by the railways.

The concerned workers were engaged by the Commission

Vendors on their own without knowledge, approval or

consent of the first party.

5.

The first party makes recruitment strictly in

accordance with law and rules. The concerned workers

were subjected to the medical examination only in the

interest of passengers, and from health and hygiene point

of view. The badges and identity cards were issued by

railway, so as to facilitate free entry at the station. The

allegations of termination of services are denied. It is

contended that the first party has got recruitment rules,

& according to which, recruitment is made. The first party

has pressed for rejection of the claim.

6.

The issues and my findings thereon are as

follows :

ISSUES

FINDINGS

1.

Whether there exists employer-

No.

employee relationship between

the workmen mentioned in the

Schedule to the Reference and

the First Party ?

2.

Whether the demand raised by the

No.

Second Party Union is justified ?

3.

What Award ?

As per

final award.

REASONS

7.

There is some oral and documentary evidence. I

have gone through the entire record, including the written

argument, and the case law, and have heard the

submissions made by the learned counsels.

The reference order states about 9 persons who

claim of reinstatement. The Statement of Claim restricts

the claim to the 8 persons mentioned in Annexure ‘A’.

The reference order does not have the date of termination

or the date from which the relief is required to be given.

In the statement of claim, the allegation is that the services

were terminated by the first party in March 2001. No

date is mentioned. The second party wants reinstatement

as well as absorption in regular employment. In support

of such a claim, the only evidence led by the second party

is the oral evidence of Suryakant Masurkar, one of the

concerned workers, and copies of few documents.

Suryakant stated in his affidavit that he is working in

railway as Vendor. He along with the other workers named

in Annexure ‘A’ were stopped from working without

giving sufficient reasons, and were asked to leave the

work premises. Suryakant has stated that he is President

of the second party union, and was in employment of the

first party since 1990. At the time of termination he was

working as Assistant Vendor/Helper. He and the

concerned persons were given the duties of increasing

sale of various catering items such as food, snacks, cold

drinks and mineral water, etc, and they were paid 12%

commission. The work was supervised by the Catering

Supervisors of the first party. The concerned workers were

required to work in various shifts. The concerned workers

were subjected to the medical examination, and were also

given identity cards and badges for administrative

convenience and discipline. Suryakant then stated that

there was another reference, which was decided by the

Tribunal, and some relief was granted regarding

reinstatement etc. Suryakant then stated about the interim

order passed in this case, which according to him was

not complied by the first party.

8.

In cross-examination, Suryakant has admitted that

he worked under T. Ganeshan, and Ganeshan was his

Vendor. Suryakant was not given written appointment

letter by railway. The other concerned workers also were

not given written appointment letters by railway. No

written agreement was signed between concerned workers

and railway. There are no documents regarding payment

made by railway. Further cross indicates that there is no

post of Assistant Vendor/Helper. Suryakant denies a

suggestion that identity card was given only for the

purpose of identification. He also denies the suggestion

that medical examination was taken only from the point

of view of hygiene.

9.

The first party has examined Shri Chandrakant

Arjun Kamble, who is Chief Law Assistant with the

Railway. Chandrakant has stated on the lines of the

defence in the written statement. According to

Chandrakant, Vendor Shops are given on tender basis to

the Vendors by the Railway Authorities for sale of various

catering items such as food and other snacks, including

mineral water, and Vendor Shops are managed by Vendors

themselves, who are not employees of the Railway. The

work, working hours etc. of the Vendors are not

supervised by railway, but the services of the Vendors

from the point of view of health, sanitation, cleanliness,

quality of food are supervised by the Catering Manager

of the first party. Kamble denies that the concerned

workers were working under the supervision of Catering

Supervisor. The concerned workers were medically

examined and were given badges and identity cards for

the benefit and safety of the passengers, and the same

were not given as employees of the Railway. Kamble

denies the allegation of employment as well as

termination of services. According to him, Railway has

to follow procedure for recruitment of staff, and in the

present case, no such procedure was followed.

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[PART II—SEC. 3(ii)]

10.

In cross-examination, Kamble clarifies that the

concerned workers are not Vendors, but they were

Assistant of the Vendors. The railway has got contract

with the Vendors, but the contract is not produced. The

identity cards of the concerned workers are not given by

railway. Prior to 2002, there was catering department of

railway, and railway was giving contract. At that time

railway used to make payment of permanent employees

of catering department, and further used to give

commission to Commission Vendors. Identity cards and

badges are given for the sake of identification. Kamble

admits that the catering department work is of perennial

nature. The concerned workers were medically examined,

but not as employee. Kamble clarifies that medical

examination was taken from hygiene point of view etc.

11.

With Exh.U-6 are copies of statement of claim, and

order below Exh.U-3 passed by Industrial Tribunal, Pune

in Reference (IT) No.22 of 2002. The order appears to be

an interim order. With Exh.C-10 second party produced

xerox copies of 8 identity cards of the concerned workers.

The identity cards bear seal of Railway. However, the

information written indicates that those persons were

working as Assistant to the Vendors, or Assistant of

Vendors. The names of Vendors are also mentioned.

12.

I have considered the submissions made by the

learned counsels of both the sides, orally as well as in the

written argument at Exh.U-13. On behalf of the second

party, three judgments were sought to be relied upon,

which are (1) 1957 Vol.I LLJ Pg.477(S.C) Dharangadhra

Chemical Works Ltd. Vs. State of Saurashtra and others,

(2) 1958 Vol.II LLJ Pg.252 (S.C) Chintaman Rao & anr.

Vs. State of Madhya Pradesh, (3) 1978 LAB. I. C. Pg.1264

(S.C) Hussainbhai Vs. The Factory Tezhilali Union &

Ors. The judgments are cited to show the test to determine

whether particular person is a workman or not. What is

held in the judgments is undisputable.

13.

The first party is Central Railway. The employer is

therefore, a Government of India’s Department. The first

party has pleaded and also stated in evidence that

recruitment is made in accordance with rules, and no

such rules were followed in order to make appointments

in the present case. It is not the case of the second party

that the concerned workers were recruited in accordance

with the recruitment rules. Before granting any relief,

the Tribunal has to keep this fact in mind. Apart from

that, the claim is on behalf of 8 workers. The second

party appears to be the registered Trade Union. Suryakant

is President of the said union, and therefore, union has

the authority to espouse such a dispute. The concerned

workers claim to have been working since 1990. Their

services were allegedly abruptly/orally terminated in

March 2001. No date is mentioned. Reference came to

be made to this Tribunal in 2007. What prevented the

second party to raise the dispute immediately is not

explained. Secondly to prove the continuous employment

for almost 11 years, and the termination thereof, the only

evidence led is the testimony of Suryakant, who is one of

the workers, and copies of few identity cards. Suryakant

in his evidence has not stated specifically about the

continuous employment of other workers. In the affidavit,

he only states that the 8 workers were stopped from

working, but when, that is no where stated. Suryakant

admits in cross examination that he worked under

Shri T. Ganeshan, who was Vendor. Admittedly none of

the workers was given any appointment letter. There is

no evidence of supervision and control by railway

administration, or payment of wages by railway

administration. Having regard to the evidence that is led,

I find very clearly that to cater to the needs of the

passengers vendor shops were given to some parties on

commission basis. Those vendors run the shops or the

activity of catering food etc. Vendors appointed

Asstt.Vendors and worker like the concerned workers.

The commission of 12% was paid by railways. Identity

cards and badges were issued, so as to enable the workers

to enter the Railway Stations etc. The medical

examination was done, apparently for the sake of ensuring

good health and hygiene. All that was done, for and in

the interest of passengers. The material on record no

where points to direct employer-employee relationship

between the concerned workers and the railway

administration. I therefore, find that the second party has

failed to prove that the concerned workers were a

“workman” employed by the first party. Thus, there was

no employer-employee relationship. The second party has

also failed to prove that the services were terminated by

the first party. In fact, there could be no such occasion of

first party terminating the services. I therefore, do not

find any justification in the demand that, the management

of Central Railway has refused to reinstate the concerned

8 workers. That refusal or action or inaction cannot be

said to be illegal or unjustified. The reference is

accordingly, answered in the negative.

Pune

Date : 23-04-2014

D. H. DESHMUKH, Presiding Officer

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6795

New Delhi, the 10th October, 2014

S.O.

2726.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 01/2009) of

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

Nagpur as shown in the Annexure, in the industrial dispute

between the management of State Bank of India and their

workmen, received by the Central Government on

08/10/2014.

[No. L-12011/23/2008-IR (B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE SHRI J. P. CHAND, PRESIDING

OFFICER, CGIT-CUM-LABOUR COURT, NAGPUR

Case No. CGIT/NGP/01/2009

Date: 22.09.2014

Party No.1 (a) : The Asstt. General Manager,

State Bank of India,

Region-IV, Zonal Office,

S.V. Patel Marg, Kingsway, Nagpur.

(b) : The Dy. General Manager,

State Bank of India,

Zonal Office, S.V. Patel Marg,

Kingsway, Nagpur.

V/s.

Party No. 2

: The Asstt. General Secretary,

State Bank of India Staff Union,

C/o. SBI, Zonal Office,

S.V. Patel Marg, Kingsway,

Nagpur

AWARD

(Dated: 22nd September, 2014)

In exercise of the powers conferred by clause (d) of

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

Industrial Disputes Act, 1947 (14 of 1947) (“the Act” in

short), the Central Government has referred the industrial

dispute between the employers, in relation to the

management of State Bank of India and their workman,

Shri D.K. Pranjile, for adjudication, as per letter No.L-12011/

23/2008-IR (B-I) dated 12.12.2008, with the following

schedule:-

“Whether the action of the management of State

Bank of India (Asstt. General Manager, Region IV,

Zonal Office, Nagpur) and the Deputy General

Manager, State Bank of India Kingsway, Nagpur in

awarding punishment of dismissal from the Bank

services to Shri D. K. Pranjle, Ex-part time

Messenger-cum-Farrash, vide Orders No. AGM/IV/

AS/5412 dated 08.02.2005 and No. DGM/DISC/

2.5.2006 dated 01.08.2005, is justified and legal? If

not, to what relief the workman concerned is

entitled?”

2.

On receipt of the reference, parties were noticed to

file their respective statement of claim and written

statement, in response to which, the workman, Shri D.K.

Pranjle, (“the workman” in short) through his union, the

“State Bank of India Staff Union”, (“the union” in short)

filed the statement of claim and the management of State

Bank of India, (“party no.1” in short) filed the written

statement.

The case of the workman as presented by the union

in the statement of claim is that the workman was

appointed in the services of party no.1 at its Treasury

Branch, Akola, as a part time Sweeper-cum-Waterman

vide order dated 03.09.1992 and he was confirmed in

the services of the Bank and the workman was suspended

vide order dated 19.04.2003, pending departmental

enquiry to be conducted against him, for some alleged

misconduct and the disciplinary authority issued the

charge sheet dated 12.02.2004 against the workman,

under paragraphs 5 (b) (d) (j) and (l) of the Bipartite

settlement and the workman submitted his explanation

to the charge sheet, specifically denying all the charges

and as such, party no.1 decided to conduct the

departmental enquiry against the workman and appointed

the enquiry officer and the enquiry officer conducted the

departmental enquiry and the workman participated in

the enquiry and the enquiry officer submitted his report

dated 18.10.2004, holding the charges to have been

proved against the workman and on the basis of the said

enquiry report, the disciplinary authority awarded the

punishment of dismissal from services against the

workman, vide his final order dated 08.02.2005 and the

workman carried the said order before the Appellate

Authority, but the appeal preferred by the workman came

to be rejected by the Appellate Authority.

It is further pleaded by the union on behalf of the

workman that the service conditions of the employees of

party no.1 are governed by the provisions of Sastry Award,

Desai Award and Bipartite settlements and on 05.04.2003,

there was a robbery at State Bank of India, in which, the

culprits robbed Rs. 21 lacks and while the robbery was

undertaken, the workman was on duty alongwith other

officials of the Bank and the culprits entered into the

cash department, despite all the security arrangements

made by the Bank and a FIR was lodged immediately by

the Bank Officials with the police and after investigation,

police filed a criminal case in the court, arraying the

workman as one of the accused persons and the said

criminal case is still subjudiced in the Court of the Chief

Judicial Magistrate, Akola and as the criminal prosecution

was initiated by the party no.1 against the workman, it

was not necessary to initiate the disciplinary action

against him till the result of the said criminal complaint

was given by the court, but the party no.1 hastily decided

to simultaneously conduct the departmental proceedings

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[PART II—SEC. 3(ii)]

against the workman and completely violated the

provisions of clause 521 of the Sastry Award and the

workman was not involved in the said robbery and the

party no.1 committed error of law in dismissing the

workman from services, without waiting for the decision

of the criminal trial and in view of the matter, the

departmental enquiry and the punishment awarded are

ab-initio illegal and invalid.

It is further pleaded by the union on behalf of the

workman that the enquiry officer was biased and the

charge sheet was not given in accordance with the

procedure envisaged in Sastry Award and vital documents

demanded during the course of the enquiry were not given

to the workman and thereby, reasonable opportunity of

defence was not given and the enquiry was conducted

without following the principles of natural justice and

the findings of the enquiry officer are perverse, as the

same are not based on the evidence recorded during the

course of the enquiry and the enquiry officer did not take

into account the defence evidence and gave unnecessary

weight to the evidence of the management and the report

of the enquiry officer is short of proper reasoning and

the conclusions drawn by the enquiry officer are such,

which no reasonable man can arrive at on the facts and

circumstances of the case and the disciplinary authority

as well as the appellate authority passed the orders without

application of mind and both the orders are mechanical

and the authorities did not take into consideration the

past record of the workman and the punishment is not

proper and is shockingly disproportionate.

Prayer has been made by the union for reinstatement

of the workman in service with continuity, full back wages

and all consequential benefits.

3.

The party no.1 in the written statement has pleaded

inter-alia that the workman was working at its Akola

Treasury Branch as a Messenger-cum-Farrash on 3/4th

Part Time Scale, when the charge sheet came to be issued

against him and on 05.04.2003 at about 6.30 PM, Arun

Katole, the Brother-in-Law of the workman entered into

the strong room of the branch and robbed the bank with

cash of Rs. 21 lacks and the workman was standing near

the watchman, while Arun was trying to enter the strong

room, but he did not show any familiarity with him and

even after the robbery in the bank, the workman did not

disclose the fact that his brother-in-law committed the

robbery and he also did not raise any alarm, when his

brother-in-law was committing the robbery and instead

of doing anything to prevent the culprit from doing the

misdeed, the workman helped his brother-in-law in

putting higher denomination currency notes in a bag from

the strong room and also had briefed his brother-in-law

the secret information, such as geography of the branch,

the timing of loading the cash in the strong room and

receipt of cash remittance from Reserve Bank of India and

the workman was therefore issued with the suspension

order dated 19.04.2003 and he was suspended w.e.f.

20.04.2003 and charge sheet dated 12.02.2004 was issued

against the workman, which was received by him on

16.02.2004 and the enquiry was conducted by the enquiry

officer from 10.06.2004 to 27.08.2004 in three sittings, giving

ample opportunity to the workman to defend his case and

the workman attended the enquiry with his defence

representative, Shri Y.P. Ambekar and he was provided

with all the documents relied upon by the Bank and was

informed about the witnesses to be examined and the

witnesses were examined in presence of the workman and

they were cross-examined by the representative of the

workman and the request of the workman for further cross-

examination of the witness, Shri Makasdar was allowed

by the enquiry officer and Shri Makasdar was recalled and

cross-examined further on 27.08.2004 and though

opportunity was given to the workman to adduce evidence

in his defence, the workman declined to examine any

witness in his defence and the copy of the proceedings

was given to the workman on each and every date of the

enquiry and the enquiry officer submitted his report dated

18.10.2004 to the disciplinary authority and the disciplinary

authority issued the second show cause notice dated

21.12.2004 alongwith enquiry officer’s report, proposing

the punishment of “dismissal without notice” to the

workman and the workman submitted his reply dated

10.01.2005 to the show cause notice and personal hearing

was given to the workman alongwith his defence

representative on 10.01.2005 by the disciplinary authority

and the disciplinary authority after considering the material

on record of the enquiry and the report of the enquiry

officer, passed the final order dated 08.02.2005 of “dismissal

without notice” and the workman preferred an appeal

against the final order and the Appellate Authority gave

personal hearing to the workman on 19.04.2005 and the

appeal was dismissed by the appellate authority on

01.08.2005 and all the principles of natural justice were

complied with, while conducting the enquiry against the

workman and the enquiry officer assigned justifiable

reasons in support of his findings and having regard to

the gross misconduct of the workman, the punishment

was rightly imposed and it has lost confidence in the

workman and the punishment is commensurate with the

gross-misconduct committed by the workman and the

same is not shockingly disproportionate.

It is further pleaded by the party no.1 that during

the departmental enquiry, the workman had not raised any

objection regarding conduction of the same simultaneously

with the criminal trial and for the first time, said issue has

been raised and therefore, on this ground itself, the

contention of the union is liable to be rejected and the

¹Hkkx II—[k.M 3(ii)º

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6797

Hon’ble Apex Court have held that departmental

proceedings and proceedings in a criminal case can proceed

simultaneously and there is no bar to conduct departmental

enquiry and criminal proceeding simultaneously and the

charges in the disciplinary proceedings and the charges

in the criminal trial against the workman are not the same

or similar and it had lodged a FIR against the robber and

during investigation, police found the involvement of the

workman in commission of the offence and named him as

an accused in the case and the trial of the criminal case

began in the criminal court on 03.12.2008 and much before

the trial of the criminal case, the disciplinary enquiry was

already completed and the workman is not entitled for any

relief.

4.

No rejoinder has been filed either by the union or

the workman.

5.

As this is a case of dismissal of the workman from

service as punishment, after conducting of a departmental

enquiry against him, the fairness or other wise of the

departmental enquiry was taken up as a preliminary issue

for consideration and as per order dated 15.07.2014, the

enquiry conducted against the workman was held to be

legal, proper and in accordance to the principles of natural

justice.

6.

During the course of argument, it was submitted

by the learned advocate for the workman that charge sheet

dated 12.02.2004 containing three charges under the

paragraphs 5 (b),(d),(j) and (l) of the Bi-Partite settlement

was issued against the workman, while he was working

as a part- time waterman- cum- sweeper and pending the

departmental enquiry, the workman was put under

suspension vide order dated 19.04.2003 and as the

workman in his reply to the said charge sheet denied the

charges levelled against him, departmental enquiry was

conducted against him and he took part in the

departmental enquiry and after conclusion of the

departmental enquiry, the Enquiry Officer vide his report

dated 18.10.2004 declared all the charges to have been

proved against the workman and on the basis of the said

enquiry report, the Disciplinary Authority awarded the

punishment of dismissal from services by order dated

08.02.2005 and the appeal preferred by the workman was

rejected by the Appellate Authority and on 05.04.2003,

there was robbery of a sum of Rs.21 lacks from the Bank

and a police complaint was filed by the officials of the

Bank for the said occurrence and after investigation,

police filed a criminal case in the court, making the

workman as one of the accused persons and during the

pendency of the criminal case against the workman, the

party No.1 initiated the departmental enquiry against him

and proceeded with the same in contravention of clause

521 of the Sastri Award, in spite of his protest and party

No.1 did not wait for the final result of the criminal case

and committed error in Law in dismissing the workman

from services and in view of the matter, the entire

departmental enquiry and punishment imposed are ab-

initio illegal and invalid.

It was further submitted by the learned advocate

for the workman that the report of the Enquiry Officer is

not based on the evidence on record of the departmental

enquiry and the Enquiry Officer did not take into

consideration the defence evidence and gave unreasonable

weight to the evidence of the management and the report

of the Enquiry Officer is short of proper reasoning and

perversity is writ large on the face of the enquiry report

and the conclusions drawn by the Enquiry Officer are as

such, which cannot be arrived at by any reasonable man

on the material on record of the enquiry and the findings

of the Enquiry Officer are perverse and the Disciplinary

Authority and so also, the Appellate Authority passed

the orders without due application of mind and the orders

are mechanical and while passing the order of

punishment, the Authorities did not consider the past

service records of the workman and the punishment is

not proper and shockingly disproportionate and is liable

to be set aside and for that the workman is entitled for

reinstatement in service with continuity and full back

wages.

7.

In reply, it was submitted by the learned advocate

for the party No.1 that by order dated 26.05.2014, the

Tribunal has already held the departmental enquiry

conducted against the workman as legal, proper and in

accordance with the principles of natural justice and at

the time of deciding the preliminary issue of the legality

or other wise of the validity of the departmental enquiry,

the Tribunal has already considered and decided the

question of initiation of the departmental inquiry against

the workman by the party No. 1 during the pendency of

the Criminal case and completing of the said inquiry and

as such there is no scope to reconsider the same again

and more over, the final order of punishment in the

departmental inquiry was passed on 08.02.2005, whereas,

the trial of the criminal case started on 31.12.2008, when

the evidence of the first witness was recorded and it is

clear that much before the beginning of the trial of the

criminal case, the disciplinary enquiry had been

completed, so there was no question of staying of the

disciplinary proceedings by the party No.1 and such a

request was also never made by the workman during the

conduct of the departmental enquiry and the workman

was acquitted in the criminal case on 17.02.2012 and

the acquittal of the workman cannot affect the already

concluded disciplinary enquiry and the charges in the

departmental inquiry and in the criminal case were not

exactly the same and the witnesses examined in both the

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THE GAZETTE OF INDIA : OCTOBER 11, 2014/ASVINA 19, 1936

[PART II—SEC. 3(ii)]

proceedings were also not the same and as such the

acquittal of the workman in the criminal case is of no avail

to him.

It was further submitted by the learned advocate for

the party No.1 that in the departmental inquiry four

witnesses were examined by the management to prove

the charges against the workman and their evidence

remained unchallenged as there was no cross-examination

and the findings of the Enquiry Officer are based on the

evidence on record of the departmental enquiry and the

same are not perverse and the punishment imposed

against the workman cannot be said to be shockingly

disproportionate to the grave misconduct proved against

him in a properly conducted departmental enquiry and

therefore, there is no scope for the Tribunal to interfere

with the punishment and the workman is not entitled to

any relief.

In support of the submissions, the learned advocate

for the party No.1 placed reliance on the decisions

reported in Civil Appeal No. 8513 of 2012 (SC) (The

Deputy Inspector General of Police Vs. S. Samuthiram),

(2011) 4 SCC-584 (State Bank of Bikaner Vs.

Nemichand), (2006) 2 SCC-255 (TNCS Corporation

LTD. Vs. K. Meerabai), 2003 LAB. IC-281 (The

Commissioner of Police Vs. Rachakonda R. Subbaiah),

AIR 2003 SC-1571Chairman-cum-Managing Director,

United Commercial Bank Vs. P.C. Kakkar ), AIR 2003

SC-1462 (Regional Manager, UPSRT Vs. Hotilal), 2006

AIR SCW-5457 (State Bank of India Vs. Ramesh Dinkar),

2012 AIR SCW-5835 (Avinash S. Bhosale Vs. Union of

India), (2013) 2 SCC-740 (State Bank of India Vs.

Narendra Kumar Pandey), AIR 1996 SC-1556 (Bharat

Forge Company Ltd. Vs. A.B.Zodge) and 2010(6) Mh.

L.J.-309 (General Secretary,General Kamgar Union Vs.

Noble Paint & Varnish Co. Pvt. Ltd.)

8.

At this juncture, I think it necessary to mention

that the submissions made by the learned advocate for

the workman in regard to initiation of the departmental

enquiry against the workman during the pendency of the

criminal case and proceeding with the same without

waiting for the result of the criminal case had been

considered at the time of deciding of the preliminary issue

of the validity or other wise of the departmental enquiry

and as such, there is no scope for reconsideration of such

submissions again. It is to be further mentioned that as

the departmental enquiry conducted against the workman

has already been held to be legal, proper and in

accordance with the principles of natural justice, there is

no scope to consider other submissions in regard to the

validity of the departmental enquiry.

9.

In view of the submissions made by the learned

advocates for the parties, I think it apropos to mention

the principles settled by the Hon’ble Apex Court in a

number of decisions in regard to the power of the Tribunal

to interfere with punishment awarded by the competent

authority in departmental proceedings.

In a number of decisions, the Hon’ble Apex Court

have held that:-

“The jurisdiction of the Tribunal to interfere with

the disciplinary matters or punishment cannot be equated

with an appellate jurisdiction. The Tribunal cannot

interfere with the findings of the Inquiry Officer or

competent authority where they are not arbitrary or utterly

perverse. The power to impose penalty on a delinquent

officer is conferred on the competent authority either by

an Act of Legislature or rules made under the proviso to

Article 309 of the Constitution. If there has been an

enquiry consistent with the rules and in accordance with

principles of natural justice what punishment would meet

the ends of justice is a matter exclusively within the

jurisdiction of the competent authority. If the penalty

can lawfully be imposed and is imposed on the proved

misconduct, the Tribunal has no power to substitute its

own discretion for that of the authority. The adequacy of

penalty unless it is mala fide is certainly not a matter of the

Tribunal to concern itself with. The Tribunal also cannot

interfere with the penalty if the conclusion of the Inquiry

Officer or the competent authority is based on evidence

even if some of it is found to be irrelevant or extraneous to

the matter.

It is also settled by the Hon’ble Apex Court that:-

“The disciplinary authority and on appeal, the

appellate authority, being fact finding authorities have

exclusive power to consider the evidence with a view to

maintain discipline. They are invested with the discretion

to impose appropriate punishment keeping in view the

magnitude or gravity of the misconduct. The High Court/

Tribunal, while exercising the power of judicial review,

cannot normally substitute its own conclusion on penalty

and impose some other penalty. If the punishment imposed

by the disciplinary authority or the appellate authority

shocks the conscience of the High Court/Tribunal, it would

appropriately mould the relief, either directing the

disciplinary/appellate authority to reconsider the penalty

imposed, or to shorten the litigation, it may itself, in

exceptional and rare cases, impose appropriate punishment

with cogent reasons in support thereof.”

10.

Keeping in view the settled principles as mentioned

above, now, the present case in hand is to be considered.

11.

On perusal of the record, it is found that the findings

of the Enquiry Officer are based on the evidence on record

of the departmental enquiry. The Enquiry Officer has

analyzed the evidence on the record of departmental

enquiry in a rational manner and has assigned reasons in

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6799

support of his findings. It is also found that the findings

of the Enquiry Officer are not as such, which cannot be

arrived at by a reasonable man on the materials on record

of the departmental enquiry. It is not a case of total

absence of evidence on record of the enquiry or that the

findings of the Enquiry Officer on totally against the

evidence on record. Hence, the findings of the Enquiry

Officer cannot be said to be perverse.

12.

So far the question of proportionality of the

punishment is concerned, it is found that grave

misconduct of unauthorized disclosure of confidential

information regarding the affairs of the Bank which were

prejudicial to the interest of the bank, willful damage or

attempt to cause damage to the property of the bank, doing

any act prejudicial to the interest of the bank and gross

negligence involving the bank in serious loss have been

proved against the workman in a properly conducted

Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-110064

and Published by the Controller of Publications, Delhi-110054.

departmental enquiry. Hence, the punishment of

termination of the services of the workman cannot be said

to be shockingly disproportionate. From the facts and

circumstances of the case, it is found that there is no

scope to interfere with the punishment imposed against

the workman. Hence, it is ordered:-

ORDER

The action of the management of State Bank of

India (Asstt. General Manager, Region IV, Zonal Office,

Nagpur) and the Deputy General Manager, State Bank

of India Kingsway, Nagpur in awarding punishment of

dismissal from the Bank services to Shri D.K. Pranjle,

Ex-part time Messenger-cum-Farrash, vide orders No.

AGM/IV/AS/5412 dated 08.02.2005 and No. DGM/

DISC/2.5.2006 dated 01.08.2005 is justified and legal.

The workman concerned is not entitled to any relief.

J. P. CHAND, Presiding Officer