4038 GI/2014

(6891)

dk£ed] yksd f'kdk;r rFkk isa'ku ea=kky;

(dk£ed vkSj izf'k{k.k foHkkx)

ubZ fnYyh] 13 vDrwcj] 2014

dk-vk- 2758-—fnYyh fo'ks"k iqfyl LFkkiu vf/fu;e]

1946] (1946 dk vf/fu;e la- 25) dh /kjk 6 ds lkFk ifBr /

kjk 5 dh mi&/kjk (1) }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs gq,

dsUnz ljdkj dsjy jkT; ljdkj x`g (,e) foHkkx] fr:ouariqje

dh lgefr ls fnukad 26 vizSy] 2014 dh vf/lwpuk th-vks-

(,e,l-) la- 80@2014@x`g ds rgr dsUnzh; vUos"k.k C;wjks dh

bZ&esy vkbZMh dk iz;ksx djrs gq, dsjy fuoklh Jh lnkuanu ds

lkFk /ks[kk/M+h ls tqM+s vijk/ksa ds laca/ esa ekeyk ntZ djus ,oa

vUos"k.k djus ds fy, fnYyh fo'ks"k iqfyl LFkkiu ds lnL;ksa dh

'kfDr;ksa ,oa U;k;kf/dkj {ks=k dk foLrkj laiw.kZ dsjy jkT; ij

djrh gSA

¹iQk- la- 228@23@2014&,ohMh&IIº

jktho tSu] voj lfpo

MINISTRY OF PERSONNEL, PUBLIC

GRIEVANCES AND PENSIONS

(Department of Personnel and Training)

New Delhi, the 13th October, 2014

S.O. 2758.—In exercise of the powers conferred by

sub-section (1) of Section 5 read with Section 6 of the

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

of 1946), the Central Government with the consent of the

State Government of Kerala, Home (M) Department,

Thiruvananthapuram vide Notification G. O. (Ms.) No. 80/

2014/Home dated 26 April, 2014, hereby extends the powers

and Jurisdiction of the members of the Delhi Special Police

Establishment to the whole of the State of Kerala to register

a case and to investigate the offences involved in the

cheating of Sh. Sadanandan, a resident of Kerala, using

the e-mail ID of the Central Bureau of Investigation.

[F. No. 228/23/2014-AVD-II]

RAJIV JAIN, Under Secy.

izkf/dkj ls izdkf'kr

PUBLISHED BY AUTHORITY

lkIrkfgd

WEEKLY

la- 43]

ubZ fnYyh] vDrwcj 19—vDrwcj 25] 2014] 'kfuokj@vkf'ou 27—dkfrZd 3] 1936

No. 43]

NEW DELHI, OCTOBER 19—OCTOBER 25, 2014, SATURDAY/ASVINA 27—KARTIKA 3, 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)

jftLVªh la- Mh- ,y- (,u) 04@0007@2003µ05

REGD. NO. D. L. (N) 04/0007/2003—05

6892

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

ubZ fnYyh] 13 vDrwcj] 2014

dk-vk- 2759-—dsUnz ljdkj ,rn~}kjk naM izfØ;k lafgrk]

1973 (1974 dk vf/fu;e la- 2) dh /kjk 24 dh mi&/kjk (8)

}kjk iznÙk 'kfDr;sa dk iz;ksx djrs gq, bEiQky fLFkr ef.kiqj mPp

U;k;ky; esa fnYyh fo'ks"k iqfyl LFkkiuk (ds-v- C;wjks) }kjk tkap

fd, tk jgs ekeyksa vFkok muls mRiUu vU; ekeyksa ds vfHk;kstu]

vihysa ,oa iqujh{k.ksa ds lapkyu ds fy, Jh dsbZle iznhi flag]

vf/oDrk dks fnYyh fo'ks"k iqfyl LFkkiuk (dsUnzh; vUos"k.k C;wjks)

dh vksj ls fo'ks"k yksd vfHk;kstd fu;qDr djrh gSA

¹iQk- la- 225@26@2014&,ohMh&IIº

jktho tSu] voj lfpo

New Delhi, the 13th October, 2014

S.O. 2759.—In exercise of th powers conferred by

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

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

hereby appoints Shri Keisam Pradeep Singh, Advocate as

Special Public Prosecutor of the Delhi Special Police

Establishment (Central Bureau of Investigation) in the

Manipur High Court at Imphal for conducting the

prosecution, appeals, revisions or other matters arising

out of the cases investigated by the Delhi Special Police

Establishment (CBI).

[F. No. 225/26/2014-AVD-II]

RAJIV JAIN, Under Secy.

ubZ fnYyh] 14 vDrwcj] 2014

dk-vk- 2760-—fnYyh fo'ks"k iqfyl LFkkiu vf/fu;e]

1946] (1946 dk vf/fu;e la- 25) dh /kjk 6 ds lkFk ifBr /

kjk 5 dh mi&/kjk (1) }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs gq,

dsUnz ljdkj dsjy jkT; ljdkj x`g (,e) foHkkx] fr:ouariqje

dh lgefr ls fnukad 26 twu] 2014 dh vf/lwpuk th-vks- (,e,l-

) la- 129@2014 x`g }kjk Hkkjrh; naM lafgrk dh /kjk 465] 468]

417] 471] 419 ,oa 201 ,oa ikliksVZ vf/fu;e] 1967 (1967 dk

vf/fu;e la- 15) dh /kjk 12 dh mi&/kjk 1 ds [kaM ([k) ,oa

(?k) ds vèkhu ikykjhokÙkkse] iqfyl LVs'ku] iqukZdqye esa iathd`r

vijk/ la- 2228@2011 esa 'kfey vijk/ksa ds vUos"k.k ds fy,

fnYyh fo'ks"k iqfyl LFkkiu ds lnL;ksa dh 'kfDr;ksa ,oa U;k;kf/dkj

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

¹iQk- la- 228@49@2014&,ohMh&IIº

jktho tSu] voj lfpo

New Delhi, the 14th October, 2014

S.O. 2760.—In exercise of the powers conferred by

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

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

the Central Government with the consent of the State

Government of Kerala, Home (M) Department,

Thiruvananthapuram vide Notification G.O. (Ms.) No. 129/

2014/ Home dated 26th June, 2014, hereby extends the

powers and jurisdiction of the members of the Delhi Special

Police Establishment to the whole of the State of Kerala to

investigate the offences involved in Crime No. 2228/2011,

registered under sections 465, 468, 417, 471, 419 and 201 of

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

clauses (b) and (d) of sub-section (1) of Section 12 of the

Passport Act, 1967 (Act No. 15 of 1967), at Palarivattom

Police Station, Ernakulam.

[F. No. 228/49/2014-AVD-II]

RAJIV JAIN, Under Secy.

ubZ fnYyh] 15 vDrwcj] 2014

dk-vk- 2761-—fnYyh fo'ks"k iqfyl LFkkiu vf/fu;e]

1946] (1946 dk vf/fu;e la- 25) dh /kjk 6 ds lkFk ifBr /

kjk 5 dh mi&/kjk (1) }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs gq,

dsUnz ljdkj eè; izns'k jkT; ljdkj] x`g foHkkx] ea=kky;] Hkksiky

dh lgefr ls fnukad 17 tqykbZ] 2014 dh vf/lwpuk }kjk Jh

fot; enu yky pkS/jh vkSj ;wfu;u cSad vkWiQ bafM;k ds nks cSad

vf/dkfj;ksa ds fo#¼ rFkk mi;qZDr mijk/ ds laca/ esa vFkok ls

lac¼ iz;kl djus] nq"izsj.k djus vkSj "kM~;a=k djus ds fo#¼ iqfyl

LVs'ku iykfl;k] ftyk bankSj (eè; izns'k) esa ntZ fd, x, vijk/

ekeyk la- 499@2011 ds laca/ esa Hkkjrh; n.M lafgrk 1860

(1860 dk vf/fu;e la- 45) dh /kjk 406] 420] 467] 468] 471

,oa 120 [k ds rgr n.Muh; vijk/ksa dh tkap djus ds fy,

fnYyh fo'ks"k iqfyl LFkkiu ds lnL;ksa dh 'kfDr;ksa vkSj U;k;kfèkdkj

{ks=k dk foLrkj laiw.kZ eè; izns'k jkT; ij djrh gSA

¹iQk- la- 228@71@2013&,ohMh&IIº

jktho tSu] voj lfpo

New Delhi, the 15th October, 2014

S.O. 2761.—In exercise of the powers conferred by

sub-section (1) of Section 5 read with Section 6 of the

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

of 1946), the Central Government with the consent of the

State Government of Madhya Pradesh, Home Department,

Mantralaya, Bhopal vide Notification No. F. 12-98/2013/B-

1/(Two) dated 17th July, 2014, hereby extends the powers

and jurisdiction of the members of the Delhi Special Police

Establishment to the whole of the State of Madhya Pradesh

for investigation of offences punishable under sections

406, 420, 467, 468, 471 and 120-B of the Indian Penal Code,

1860 (Act No. 45 of 1860) relating to criminal Case No. 499/

2011 registered at Police Station Palasiya District Indor

(Madhya Pradesh) against Shri Vijay Madanlal Chaudhary

and two Bank officers of the Union Bank of India and

attempts, abetment and conspiracies in relation to or in

connection with the above mentioned offence.

[F. No. 228/71/2013-AVD-II]

RAJIV JAIN, Under Secy.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6893

ubZ fnYyh] 16 vDrwcj] 2014

dk-vk- 2762-—fnYyh fo'ks"k iqfyl LFkkiu vf/fu;e]

1946] (1946 dk vf/fu;e la- 25) dh /kjk 6 ds lkFk ifBr /

kjk 5 dh mi&/kjk (1) }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs gq,

dsUnz ljdkj egkjk"Vª jkT; ljdkj] x`g foHkkx] lsaVj&1] eqEcbZ dh

lgefr ls fnukad 25 tqykbZ] 2014 dh vf/lwpuk

lhvkj,e&2012@lhvkj- 136@ihvks,y- 11 ds rgr Hkkjrh; naM

izfØ;k lafgrk] 1860 (1860 dh vf/fu;e la- 45) dh /kjk 419]

420] 464] rFkk 471 ds rgr /kjkoh iqfyl LVs'ku esa lh-vkj- la-

365@2013 ds varxZr ntZ vijk/ksa ds laca/ esa iz;Ru] voizsj.k rFkk

"kM;a=kksa ds fy, fnYyh fo'ks"k iqfyl LFkkiu ds lnL;ksa dh 'kfDr;ksa

,oa U;k;kf/dkj {ks=k dk foLrkj laiw.kZ egkjk"Vª jkT; ij djrh gSA

¹iQk- la- 228@58@2014&,ohMh&IIº

jktho tSu] voj lfpo

New Delhi, the 16th October, 2014

S.O. 2762.—In exercise of the powers conferred by

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

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

the Central Government with the consent of the State

Government of Maharashtra, Home Department, Center-1,

Mumbai vide Notification No. CRM-2012/CR. 136/Pol. 11

dated 25th July, 2014, hereby extends the powers and

Jurisdiction of the members of the Delhi Special Police

Establishment to the whole of the State of Maharashtra for

investigation of the case, registered at Dharavi Police

Station vide C. R. No. 365/2013 under sections 419,420, 464

and 471 of the Indian Penal Code, 1860 (Act No. 45 of 1860)

and attempts, abetments and conspiracies in relation to

the above mentioned offences.

[F. No. 228/58/2014-AVD-II]

RAJIV JAIN, Under Secy.

uohu vkSj uohdj.kh; ÅtkZ ea=kky;

ubZ fnYyh] 14 vDrwcj] 2014

dk-vk- 2763-—fganh dsanzh; ljdkj jktHkk"kk (la?k ds

jktdh; iz;kstuksa ds fy,) fu;e 10 ds mifu;e (4) ds vuqlj.k

esa uohu vkSj uohdj.kh; ÅtkZ ea=kky; ds iz'kklfud fu;a=k.kk/hu

miØe Hkkjrh; lkSj ÅtkZ fuxe] ubZ fnYyh] dks ftlds 80% ls

vf/d deZpkfj;ksa us fgUnh dk dk;Zlk/d Kku izkIr dj fy;k gS]

vfèklwfpr djrh gSA

¹la- 11011(1)@2014&fganhº

oh.kk HkVukxj] mi&funs'kd (jk-Hkk-)

MINISTRY OF NEW AND RENEWABLE ENERGY

New Delhi, the 14th October, 2014

S.O. 2763.—In Pursuance of Sub Rule (4) of Rule 10

of the Official Language (Use for Official purposes of the

Union) Rules, 1976 the Central Government hereby notifies

Solar Energy Corporation of India, New Delhi, an

undertaking under the administrative control of Ministry

of New & Renewable Energy, more than 80% Staff where of

have acquired a working knowledge of Hindi.

[No. 11011 (1)/2014-Hindi]

VEENA BHATNAGAR, Dy. Director (OL)

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

(okf.kT; foHkkx)

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2764-—dsUnzh; ljdkj] fu;kZr (DokfyVh) fu;a=k.k

vkSj fujh{k.k) fu;e] 1964 ds fu;e 12 ds mifu;e (2) ds lkFk

ifBr fu;kZr (DokfyVh fu;a=k.k vkSj fujh{k.k) vf/fu;e] 1963

(1963 dk 22) dh /kjk 7 dh mi&/kjk (1) }kjk iznÙk 'kfDr;ksa

dk iz;ksx djrs gq,] eSallZ bUlisDVksjsV fxzfiQFk bafM;k dEiuh

izkbosV fyfeVsM] ikjknhi] ,pvkbZth&34] xkSjo fcgkj] e/qou]

ikjknhi&754142] dks bl vf/fu;e dh /kjk 7 dh mi/kjk (1)

ds iz;kstu ds fy, bl vf/lwpuk] ds jkti=k esa izdk'ku dh

rkjh[k ls rhu o"kZ dh vof/ ds fy, Hkkjr ljdkj ds okf.kT;

ea=kky; dh vf/lwpuk la- dk-vk- 3975 rkjh[k 20 fnlEcj] 1965

vkSj dk-vk- 3978 rkjh[k 20 fnlEcj] 1965 ls layXu vuqlwph esa

fofufnZ"V [kfutksa vkSj v;Ldksa (xzi&I) vFkkZr~] ykSg v;Ld vkSj

xzqi&II vFkkZr~ Økse v;Ld Økse ldsafnzr lfgr fujh{k.k ds fy,

Øe'k% fu;kZr ls iwoZ mDr [kfut vkSj v;Ld dks fuEufyf[kr

'krks± ds v/hu ikjknhi] esa ekU;rk nsrh gS] vFkkZr~%

(i)

eSllZ bUlisDVksjsV fxzfiQFk bafM;k dEiuh izkbosV fyfeVsM]

ikjknhi] ,pvkbZth&34] xkSjo fcgkj] e/qou]

ikjknhi&754142] [kfut vkSj v;Ld xzqi&I dk fu;kZr

(fujh{k.k) fu;e] 1965 vkSj [kfut vkSj v;Ld xzqi&II

dk fu;kZr (fujh{k.k) fu;e] 1965 ds fu;e 4 ds vèkhu

muds }kjk viukbZ xbZ fujh{k.k dh i¼fr dh tkap djus

ds fy,] bl fufer fu;kZr fujh{k.k ifj"kn~ }kjk ukefufnZ"V

vf/dkfj;ksa dks i;kZIr lqfo/k,a nsxh_ vkSj

(ii)

eSllZ bUlisDVksjsV fxzfiQFk bafM;k dEiuh izkbosV fyfeVsM]

ikjknhi] ,pvkbZth&34] xkSjo fcgkj] e/qou]

ikjknhi&754142] bl vf/lwpuk ds v/hu vius d`R;ksa

ds ikyu esa funs'kd (fujh{k.k vkSj DokfyVh fu;a=k.k)

fu;kZr fujh{k.k ifj"kn~ }kjk le;≤ ij fyf[kr esa fn,

x, ,sls funsZ'kksa ls vkc¼ gksaxsA

¹iQk- la- 4@4@2014&fu;kZr fujh{k.kº

,- ds- f=kikBh] la;qDr lfpo

6894

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

MINISTRY OF COMMERCE AND INDUSTRY

(Department of Commerce)

New Delhi, the 20th October, 2014

S.O. 2764.—In exercise of the powers conferred by

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

and Inspection) Act, 1963 (22 of 1963), read with sub-rule

(2) of rule 12 of the Export (Quality Control and Inspection)

Rules, 1964, the Central Government hereby recognizes

M/s. Inspectorate Griffith India Private Limited, Paradip,

HIG-34, Gourav Bihar, Madhuban,Paradip-754142, as an

agency for the purpose of sub-section (1) of Section 7 of

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

publication of this notification, for the inspection of

Minerals and Ores (Group-I) namely, Iron ore and Group-II

Chrome Ore including chrome concentrates, specified in

the Schedule annexed to the notification of the Government

of India in the Ministry of Commerce vide number S.O.

3975, dated the 20th December, 1965, and S.O. 3978, dated

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

said Minerals and Ores at Paradip, subject to the following

conditions, namely :—

(i)

that M/s Inspectorae Griffith India Private Limited,

Paradip, HIG-34, Gourav Bihar, Madhuban,

Paradip-754142, shall give adequate facilities to

the officers nominated by the Export Inspection

Council in this behalf to examine the method of

inspection followed by them in carrying out the

inspection under rule 4 of the Export of Minerals

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

the Export of Minerals and Ores, Group-II

(Inspection) Rules, 1965; and

(ii)

that M/s Inspectorate Griffith India Private Limited,

Paradip, HIG-34, Gourav Bihar, Madhuban,

Paradip-754142, in the performance of their

function under this notification shall be bound

by such directions as the Director (Inspection

and Quality Contral), Export Inspection Council

may give in writing from time to time.

[F. No. 4/4/2014-Export Inspection]

A. K. TRIPATHY, Jt. Secy.

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2765-—dsUnzh; ljdkj] fu;kZr (DokfyVh) fu;a=k.k

vkSj fujh{k.k) fu;e] 1964 ds fu;e 12 ds mifu;e (2) ds lkFk

ifBr fu;kZr (DokfyVh fu;a=k.k vkSj fujh{k.k) vf/fu;e] 1963

(1963 dk 22) dh /kjk 7 dh mi&/kjk (1) }kjk iznÙk 'kfDr;ksa

dk iz;ksx djrs gq,] eSllZ lqifjUVsaMsal dEiuh bafM;k izkbosV fyfeVsM]

IykV ua- 545@1707 (f}rh; ry)] lathouh vLirky ds lehi]

fyCl jksM] Hkqous'oj&751002] Hkkjr esa fLFkr gS] dks bl vfèklwpuk]

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

Hkkjr ljdkj ds okf.kT; ea=kky;] dh vf/lwpuk la- dk-vk- 3975

rkjh[k 20 fnlEcj] 1965 vkSj dk-vk- 3978 rkjh[k 20 fnlEcj]

1965] dh vf/lwpuk esa mikc¼ vuqlwfp;ksa esa fofufnZ"V [kfut

vkSj v;Ld] lewg&1] cDlkbM rFkk [kfut vkSj v;Ld lewg&II]

vFkkZr~ ftad dUlsuVsªV dks Øe'k% fu;kZr ls iwoZ fuEufyf[kr 'krks±

ds v/hu mM+hlk] ikjknhi esa mDr [kfut vkSj v;Ld ds fujh{k.k

djus ds fy, ,d vfHkdj.k ds :i esa ekU;rk nsrh gS] vFkkZr~%&

(i)

eSllZ lqifjUVsaMsal dEiuh bafM;k izkbosV fyfeVsM] IykV

ua- 545@1707 (f}rh; ry)] lathouh vLirky ds lehi]

fyCl jksM] Hkqous'oj&751002] [kfut vkSj v;Ld xzqi&I

dk fu;kZr (fujh{k.k) fu;e] 1965 vkSj [kfut vkSj

v;Ld lewg&II dk fu;kZr (fujh{k.k) fu;e] 1965 ds

fu;e 4 ds v/hu muds }kjk viukbz xbZ fujh{k.k dh

i¼fr dh tkap djus ds fy,] bl fufer fu;kZr fujh{k.k

ifj"kn~ }kjk ukefufnZ"V vf/dkfj;ksa dks i;kZIr lqfoèkk,a

nsxh_ vkSj

(ii)

eSllZ lqifjUVsaMsal dEiuh bafM;k izkbosV fyfeVsM] IykV

ua- 545@1707 (f}rh; ry)] lathouh vLirky ds lehi]

fyCl jksM] Hkqojs'oj&751002] bl vf/lwpuk ds vèkhu

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

fu;a=k.k) fu;kZr fujh{k.k ifj"kn~ le;≤ ij fyf[kr

esa fn, x, ,sls funs'kksa ls vkc¼ gksaxsA

¹iQk- la- 4@3@2014&fu;kZr fujh{k.kº

,- ds- f=kikBh] la;qDr lfpo

New Delhi, the 20th October, 2014

S.O. 2765.—In exercise of the powers conferred by

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

and Inspection) Act, 1963 (22 of 1963), read with sub-rule

(2) of rule 12 of the Export (Quality Control and Inspection)

Rules, 1964, the Central Government hereby recognizes M/

s Superintendence Company of India Private Limited, Plot

No. 545/1707 (2nd floor), Near Sanjeevni Hospital, Lewis

Road, Bhubaneswar-751002, as an agency for the purpose

of sub-section (1) of section 7 of the Act for a perod of

three years from the date of publication of this notification,

for the inspection of Minerals and Ores (Group-I) namely,

Iron Ore and Group-II Chrome Ore including chrome

concentrates, specified in the Schedule annexed to the

notifications of the Government of India in the Ministry of

Commerce vide Number S.O. 3975, dated the 20th December,

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

respectively, prior to export of the said Minerals and Ores

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

(i)

that M/s Superintendence Company of India

Private Limited, Plot No. 545/1707 (2nd floor), Near

Sanjeevni Hospital, Lewis Road, Bhubaneswar-

751002, shall give adequate facilities to the officers

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6895

nominated by the Export Inspection Council in

this behalf to examine the method of inspection

followed by them in carrying out the inspection

under rule 4 of the Export of Minerals and Ores,

Group-I (Inspection) Rules, 1965 and the Export

of Minerals and Ores, Group-II (Inspection) Rules,

1965; and

(ii)

that M/s Superintendence Company of India

Private Limited, Plot No. 545/1707 (2nd floor), Near

Sanjeevni Hospital, Lewis Road, Bhubaneswar-

751002, in the performance of their function under

this notification shall be bound by such directions

as the Director (Inspection and Quality Control),

Export Inspection Council may give in writing from

time to time.

[F. No. 4/3/2014-Export Inspection]

A. K. TRIPATHY, Jt. Secy.

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2766-—dsUnzh; ljdkj] fu;kZr (DokfyVh fu;a=k.k

vkSj fujh{k.k) vf/fu;e] 1963 (1963 dk 22) dh /kjk 7 dh

mi&èkkjk (1) ds lkFk ifBr fu;kZr (DokfyVh fu;a=k.k vkSj fujh{k.k)

fu;e] 1964 ds fu;e 12 ds mifu;e (2)] ds }kjk iznÙk 'kfDr;ksa

dk iz;ksx djrs gq,] eSllZ bZVkySc izkbosV fyfeVsM] yksVl dksVZ]

rhljh eafty] iqjkuk ua- 165] u;k ua- 338] FkEcw pSV~Vh LVªhV

pSUubZ& 600001 dks bl vf/lwpuk ds izdk'ku dh rkjh[k ls rhu

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

vfèklwpuk la- dk-vk- 3975 rkjh[k 20 fnlEcj] 1965 ls mikc¼

vuqlwph esa fofufnZ"V [kfut vkSj v;Ld] xzqi&I] vFkkZr~ ykSg

v;Ld dk fuEufyf[kr 'krks± ds vè;/hu jgrs gq, mDr] [kfutksa

vkSj v;Ldksa dk pSUubZ esa] fu;kZr ls iwoZ fujh{k.k djus ds fy,

,d vfHkdj.k ds :i esa ekU;rk iznku djrh gS] vFkkZr~%&

(i)

eSllZ bZVkySc izkbosV fyfeVsM] yksVl dksVZ] rhljh eafty]

iqjkuk ua- 165] u;k ua- 338] FkEcw pSV~Vh LVªhV pSUubZ&

600001] [kfut vkSj v;Ld xzqi&I dk fu;kZr (fujh{k.k)

fu;e] 1965 ds fu;e 4 ds v/hu fujh{k.k djus ds

fy, muds }kjk viukbZ xbZ fujh{k.k dh i¼fr dh tkap

djus ds fy, bl fufer fu;kZr fujh{k.k ifj"kn~ }kjk

ukefufnZ"V vf/dkfj;ksa dks i;kZIr lqfo/k,a nsxh_

(ii)

eSllZ bZVkySc izkbosV fyfeVsM] yksVl dksVZ] rhljh eafty]

iqjkuk ua- 165] u;k ua- 338] FkEcw pSV~Vh LVªhV pSUubZ&

600001] bl vf/lwpuk ds v/hu vius d`R;ksa ds ikyu

esa funs'kd (fujh{k.k vkSj DokfyVh fu;a=k.k) fu;kZr

fujh{k.k ifj"kn~ le;≤ ij fyf[kr esa fn, x, ,sls

funsZ'kksa ls vkc¼ gksaxsA

¹iQk- la- 4@2@2014&fu;kZr fujh{k.kº

,- ds- f=kikBh] la;qDr lfpo

New Delhi, the 20th October, 2014

S.O. 2766.—In exercise of the powers conferred by

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

and Inspection) Act, 1963 (22 of 1963), read with sub-rule

(2) of rule 12 of the Export (Quality Control and Inspection)

Rules, 1964 the Central Government hereby recognizes M/

s Italab Private Limited, Lotus Court, 3rd Floor, Old No.

165, New No. 338, Thambu Chetty Street, Chennai-600001

as an agency for a period of three years wit effect from the

date of publication of this notification, for inspection of

Minerals and Ores (Group-I), Namely, Iron ore as specified

in the Schedule annexed to the notification of the

Government of India in the Ministry of Commerce number

S.O. 3975, dated the 20th December 1965, prior to export of

the said Minerals and Ores at Chennai, subject to the

following conditions, namely:—

(i)

that M/s Italab Private Limited, Lotus Court, 3rd

Floor, Old No. 165, New No. 338, Thambu Chetty

Street, Chennai-600001, shall give adequate

facilities to the officers nominated by the Export

Inspection Council in this behalf to examine the

method of inspection followed by them in carrying

out the inspection under rule 4 of the Export of

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

1965;

(ii)

that M/s Italab Private Limited, Lotus Court, 3rd

Floor, Old No. 165, New No. 338, Thambu Chetty

Street, Chennai-600001, in the performance of their

function under this notification shall be bound

by such directions as the Director (Inspection

and Quality Control), Export Inspection Council,

may give in writing from time to time.

[F. No. 4/2/2014-Export Inspection]

A. K. TRIPATHY, Jt. Secy.

LokLF; vkSj ifjokj dY;k.k ea=kky;

(vk;q"k foHkkx)

ubZ fnYyh] 14 vDrwcj] 2014

dk-vk- 2767-—fnukad 25 vxLr] 2014 dh lela[;d

vfèklwpuk ds Øe esa] Jh t;izdk'k vxzoky] vè;{k] lw;Z

iQkmUMs'ku] ubZ fnYyh dks ns'k esa lexz LokLF; dh ladYiuk ds

lao/Zu dh laHkkO;rk dk irk yxkus ds fy, xfBr lfefr ds lnL;

ds :i esa 'kfey fd;k x;k gSA

2- vf/lwpuk dh vU; 'krs± ;Fkkor jgsaxhA

¹la- tsM&28015@124@2014&ih ,aM lhº

vfuy xusjhokyk] la;qDr lfpo

6896

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

MINISTRY OF HEALTH AND FAMILY WELFARE

(Department of AYUSH)

New Delhi, the 14th October, 2014

S.O. 2767.—In continuation of Notification of even

number dated 25th August, 2014. Shri Jaiprakash Agarwal,

Chairman, Surya Foundation, New Delhi has been included

as a Member of the Committee constituted to explore the

possibility of promoting the concept of Holistic Health in

the country.

2. Other terms and conditions of the Notification will

remain the same.

[No. Z-28015/124/2014-P&C]

ANIL GANERIWALA, Jt. Secy.

ekuo lalk/u fodkl ea=kky;

(mPprj f'k{kk foHkkx)

(jktHkk"kk ;wfuV)

ubZ fnYyh] 17 vDrwcj] 2014

dk-vk- 2768-—dsUnzh; ljdkj] jktHkk"kk (la?k ds 'kkldh;

iz;kstuksa ds fy, iz;ksx) fu;e] 1976 ds fu;e 10 ds mi fu;e 4

ds vuqlj.k esa] ekuo lalk/u fodkl ea=kky; (Ldwy f'k{kk ,oa

lk{kjrk foHkkx) ds varxZr dsUnzh; fo|ky; laxBu (eq[;ky;)]

ubZ fnYyh ds fuEufyf[kr 8 dsUnzh; fo|ky;ksa dks] ,sls dk;kZy;ksa

ds :i esa] ftlds 80 izfr'kr ls vf/d deZpkjh&o`Un us fgUnh dk

dk;Zlk/d Kku izkIr dj fy;k gS] vf/lwfpr djrh gS%

1-

dsUnzh; fo|ky;] ,u,iQlh] foKku fogkj (izFkeh iky)]

fudV foosd fogkj iqfyl LVs'ku] fnYyh&110092

2-

dsUnzh; fo|ky;] 'kkyhekj ckx (f}rh; ikyh)] ,-,u CykWd]

fnYyh&110088

3-

dsUnzh; fo|ky;] lSfud fogkj] (f}rh; ikyh)] jkuh ckx]

ubZ fnYYh&110034

4-

dsUnzh; fo|ky;] lSDVj&2] vkj- ds- iqje (f}rh; ikyh)]

ubZ fnYyh&110022

5-

dsUnzh; fo|ky;] ,aMª;wt xat] (izFke ikyh)] ubZ

fnYyh&110024

6-

dsUnzh fo|ky;] efLtn eksB] (f}rh; ikyh)] lkfnd uxj]

lSDVj&3] ubZ fnYyh&110049

7-

dsUnzh; fo|ky;] fodkliqjh (f}rh; ikyh)] gLrlky xkao]

mÙke uxj] ubZ fnYyh&110059

8-

dsUnzh; fo|ky;] fp=kdwV] jSu clsjk] lhrkiqj] ftyk&fp=kdwV

(m-iz-)&210204

¹la- &11011&3@2014&jk-Hkk-,-º

lq[kchj flag la/w] la;qDr lfpo

MINISTRY OF HUMAN RESOURCE

DEVELOPMENT

(Department of Higher Education)

(O.L. Unit)

New Delhi, the 17th October, 2014

S.O. 2768.—In pursuance of sub. rule (4) of rule 10

of the Official Languages (Use for Official Purposes of the

Union) Rules, 1976, the Central Government hereby notifies

the following 8 Kendriya Vidyalayas of Kendriya Vidyalaya

Sangathan (HQ), New Delhi under the Ministry of Human

Resource Development, (Department of School Education

& Literacy) as offices, whose more than 80% members of

the staff have acquired working knowledge of Hindi:

1.

Kendriya Vidyalaya, NFC, Vigyan Vihar (First Shift),

Near Vivek Vihar Police Station, Delhi-110092

2.

Kendriya Vidyalaya, Shalimar Bagh (Second Shift),

Delhi-110088

3.

Kendriya Vidyalala, Sainik Vihar (Second Shift), Rani

Bagh, New Delhi-110034

4.

Kendriya Vidyalaya, Sector 2, R. K. Puram (Second

Shift), New Delhi-110022

5.

Kendriya Vidyalala, Andrews Ganj (First Shift), New

Delhi-110024

6.

Kendriya Vidyalaya, Masjid Moth, (Second Shift),

Sadiq Nagar, Sector-3 New Delhi-110049

7.

Kendriya Vidyalaya, Vikaspuri (Second Shift), Hastal

Village, Uttam Nagar, New Delhi-110059

8.

Kendriya Vidyalaya, Chitrakoot, Rain Basera, Sitapur,

Dist. Chitrakoot (U.P.)-210204

[No. 11011-3/2014-O.L.U]

SUKHBIR SINGH SANDHU, Jt. Secy.

isVªksfy;e vkSj izkd`frd xSl ea=kky;

ubZ fnYyh] 21 vDrwcj] 2014

dk-vk- 2769-—dsUnzh; ljdkj] isVªksfy;e vkSj [kfut

ikbiykbZu (Hkwfe esa mi;ksx ds vf/dkj dk vtZu) vf/fu;e]

1962 (1962 dk 50) dh /kjk 2 ds [kaM (d) ds vuqlj.k esa

mDr vf/fu;e ds v/hu gfj;k.kk jkT; ,oa jk"Vªh; jkt/kuh {ks=k

fnYyh ds Hkhrj xsy (bf.M;k) fyfeVsM dh lHkh ikbiykbZuksa ds

fy;s l{ke izkf/dkjh ds dk;ks± dk fuoZgu djus] ds fy;s

Jh cyjkt flag Mkaxh rglhynkj] gfj;k.kk ljdkj dks fnukad

08-09-2014 ls izkf/d`r djrh gSaA

¹iQk- la- ,y&14014@35@2014&th-ih-&IIº

,l- ih- vxzoky] voj lfpo

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6897

MINISTRY OF PETROLEUM AND NATURAL GAS

New Delhi, the 21st October, 2014

S.O. 2769.—In pursuance of clause (a) of Section 2

of the Petroleum and Minerals Pipelines (Acquisition of

Right of User in Land) Act, 1962 (50 of 1962), Central

Government hereby authorizes Sh. Balraj Singh Dangi,

Tehsildar, Government of Haryana to perform the functions

of Competent Authority for all pipelines of GAIL (India)

Limited, under the said Act, within Haryana State and

National Capital Territory of Delhi w.e.f. 08.09.2014.

[F. No. L-14014/35/2014-G.P.-II]

S. P. AGARWAL, Under Secy.

dks;yk ea=kky;

vkns'k

ubZ fnYyh] 17 vDrwcj] 2014

dk-vk- 2770-—dks;yk /kjd {ks=k (vtZu vkSj fodkl)

vfèkfu;e] 1957 (1957 dk 20) (ftls blesa blds i'pkr~ mDr

vf/fu;e dgk x;k gS) dh /kjk 9 dh mi&/kjk (1) ds v/hu

tkjh Hkkjr ljdkj ds dks;yk ea=kky; dh vf/lwpuk la[;kad dk-

vk- 3907 (v)] rkjh[k 30 fnlEcj] 2013] ftls Hkkjr ds jkti=k]

vlk/kj.k] Hkkx&II] [kaM 3] mi[kaM (ii)] rkjh[k 30 fnlEcj]

2013 esa izdkf'kr dh xbZ Fkh] mDr vf/lwpuk ls layXu vuqlwph

esa of.kZr 158-28 gsDVs;j (yxHkx) ;k 390-95 ,dM+ (yxHkx)

eki okyh Hkwfe esa (ftls blesa blds i'pkr~ mDr Hkwfe dgk x;k

gS) Hkwfe esa ;k ml ij ds lHkh vf/dkj mDr vf/fu;e dh /kjk

10 dh mi&/kjk (1) ds v/hu] lHkh foYyaxeksa ls eqDr gksdj]

vkr;afrd :i ls dsUnzh; ljdkj esa fufgr gks x, gSA

vkSj dsUnzh; ljdkj dk ;g lek/ku gks x;k gS] fd lsaVªy

dksyiQhYM~l fyfeVsM] jkWaph] >kj[kaM (ftls blesa blds i'pkr~

ljdkjh dEiuh dgk x;k gS)] ,sls fuca/uksa vkSj 'krks± dk ftUgsa

dsUnzh; ljdkj bl fufeÙk vf/jksfir djuk mfpr le>s] vuqikyu

djus ds fy, jtkean gSA

vr% vc] dsUnzh; ljdkj] dks;yk /kjd {ks=k (vtZu vkSj

fodkl) vf/fu;e] 1957 dh /kjk 11 dh mi&/kjk (1) }kjk

iznÙk 'kfDr;ksa dk iz;ksx djrs gq,] ;g funs'k nsrh gS] fd

158-28 gsDVs;j (yxHkx) ;k 390-95 ,dM+ (yxHkx) bl izdkj

fufgr mDr Hkwfe esa vkSj Hkwfe esa ;k ml ij ds lHkh vf/dkj

dsUnzh; ljdkj esa bl izdkj fufgr cus jgus ds ctk,] rkjh[k

30 fnlEcj] 2013] ls fuEufyf[kr fuca/uksa vkSj 'krks± ds v/hu

jgrs gq, ljdkjh daiuh esa fufgr gks tk,axs] vFkkZr~ %&

(1) ljdkjh daiuh] mDr vf/fu;e ds mica/ksa ds v/hu

;Fkk vo/kfjr izfrdj] C;kt] uqdlkfu;ksa vkSj oSlh gh enksa dh

ckcr fd, x, lHkh lank;ksa dh dsUnzh; ljdkj dks izfriwfrZ djsxh_

(2) 'krZ (1) ds v/hu] ljdkjh daiuh }kjk dsUnzh; ljdkj

dks lans; jdeksa dk vo/kj.k djus ds iz;kstuksa ds fy, mDr

vfèkfu;e dh /kjk 14 ds v/hu ,d vf/dj.k dk xBu fd;k

tk,xk rFkk ,sls fdlh vf/dj.k vkSj mDr vf/dj.k dh lgk;rk

djus ds fy, fu;qDr O;fDr;ksa ds laca/ esa mixr lHkh O;;]

ljdkjh daiuh }kjk ogu fd, tk,axs vkSj bl izdkj fufgr mDr

Hkwfe esa ;k ml ij ds vf/dkjksa ds fy, ;k muds laca/ esa lHkh

fof/d dk;Zokfg;ksa dh ckcr mixr] lHkh O;; Hkh] ljdkjh daiuh

}kjk ogu fd, tk,axs _

3- ljdkjh daiuh] dsUnzh; ljdkj ;k mlds in/kfj;ksa dh]

,sls fdlh vU; O;; ds laca/ esa {kfriwfrZ djsxh tks bl izdkj

fufgr mDr Hkwfe esa ;k ml ij ds vf/dkjksa ds ckjs esa] dsUnzh;

ljdkj ;k mlds in/kfj;ksa }kjk ;k muds fo:¼ fdUgha dk;Zokfg;ksa

ds laca/ esa vko';d gks_

(4) ljdkjh daiuh dks dsUnzh; ljdkj ds iwoZ vuqeksnu ds

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

vf/dkjksa dks fdlh vU; O;fDr dks varfjr djus dh 'kfDr ugha

gksxh_ vkSj

(5) ljdkjh daiuh] ,sls funs'kksa vkSj 'krks± dk ikyu djsxh

tks dsUnzh; ljdkj }kjk] tc dHkh vko';d gks] mDr Hkwfe ds

fof'k"V {ks=kksa ds fy, fn, tk,a ;k vf/jksfir fd, tk,aA

¹iQk- la- 43015@12@2012&ihvkjvkbZMCY;w&Iº

nksfefud MqaxMqax] voj lfpo

MINISTRY OF COAL

ORDER

New Delhi, the 17th October, 2014

S.O. 2770.—Whereas on the publication of the

notification of the Government of India in the Ministry of

Coal number S.O. 3907(E), dated the 30th December, 2013,

in the Gazette of India, Extraordinary, Part-II, section 3,

sub-section (ii), dated the 30th December, 2013, issued

under sub-section (1) of section 9 of the Coal Bearing Acres

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

(hereinafter referred to as the said Act), the land measuring

158.28 hectares (aproximately) or 390.95 acres

(approximately) as all the rights in or over the said land

described in the Schedule appended to the said notification

(hereinafter referred to as the said land) are vested

absolutely in the Central Government free from all

encumbrances under sub-section (1) of section 10 of the

said Act.

And whereas, the Central government is satisfied

that the Central Coalfields Limited, Ranchi, Jharkhand

(hereinafter referred to as the Government company) is

6898

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

willing to comply with such terms and conditions as the

Central Government thinks fit to impose in this behalf.

New, therefore, in exercise of the power conferred by

sub-section (1) of section 11 of the Coal bearing Areas

(Acquisition and Development) Act, 1957, the Central

government hereby directs that the all rights of 158.28

hectares (approximately) or 390.95 acres (approximately) in

or over the said land so vested shall with effect from

30 December, 2013 instead of continuing to so vest in the

Central Government, vest in the Government company,

subject to the following terms and condidtions, namely :—

(1) the Government company shall reimburse to the

Central Government all payments made in respect of

compensation, interest, damages and the like as determined

under the provisions of the said Act;

(2) a Tribunal shall be constituted under section 14

of the said Act, for the purpose of determining the amounts

payable to the Central government by the said Government

company under condition (1) and all expenditure incurred

in connection with any such Tribunal and persons

appointed to assist the said Tribunal shall be boine by the

said Government company and similarly, all expenditure

incurred in respect of all legal proceedings for or in

connection with the rights, in the said lands so vesting

shall also be borne by the government company;

(3) the government company shall indemnify the

Central Government or its officials against any other

expenditure that may be necessary in connection with any

proceedings by or against the Central Government or its

officials regarding the rights in or over the said land so

vested;

(4) the Government company shall have no power to

transfer the said land and the rights in or over the said land

so vested to any other person without the prior approval

of the Central Government; and

(5) the Government company shall abide by such

direction and conditions as may be given or imposed by

the Central Government for particular areas of the said land

as and when necessary.

[F. No. 43015/12/2012-PRIW-I]

DOMINIC DUNGDUNG, Under Secy.

vkns'k

ubZ fnYyh] 27 vDrwcj] 2014

dk-vk- 2771-—dks;yk /kjd {ks=k (vtZu vkSj fodkl)

vfèkfu;e 1957 (1957 dk 20) (ftls blesa blds i'pkr~ mDr

vf/fu;e dgk x;k gS) dh /kjk 9 dh mi/kjk (1) ds v/hu

tkjh Hkkjr ds jkti=k] vlk/kj.k] Hkkx&II] [kaM 3] mi[kaM (ii)]

rkjh[k 10 tqykbZ] 2014 esa ftls Hkkjr ljdkj ds dks;yk ea=kky;

dh vf/lwpuk dk-vk- la[;kad 1726(v)] rkjh[k 26 ekpZ] 2014

esa izdkf'kr dh xbZ Fkh] mDr vf/lwpuk ls mikc¼ vuqlwph esa

of.kZr 292-26 gsDVs;j (yxHkx) ;k 722-17 ,dM+ (yxHkx) eki

okyh Hkwfe esa (ftls blesa blds i'pkr~ mDr Hkwfe dgk x;k gS) ;k

ml ij ds lHkh vf/dkj mDr vf/fu;e dh /kjk 10 dh mi&/kjk

(1) ds v/hu] lHkh foYyaxeksa ls eqDr gksdj] vkR;afrd :i esa

dsUnzh; ljdkj esa fufgr gks x, gSaA

vkSj] dsUnzh; ljdkj dk ;g lek/ku gks x;k gS] fd osLVuZ

dksyiQhYM~l fyfeVsM] ukxiqj] egkjk"Vª (ftls blesa blds i'pkr~

ljdkjh daiuh dgk x;k gS)] ,sls fuca/uksa vkSj 'krks± dk ftUgsa

dsUnzh; ljdkj bl fufeÙk vf/jksfir djuk mfpr le>s] vuqikyu

djus ds fy, jtkean gSaA

vr%] vc] dsUnzh; ljdkj] dks;yk /kjd {ks=k (vtZu vkSj

fodkl) vf/fu;e 1957 dh /kjk 11 dh mi&/kjk (1) }kjk iznÙk

'kfDr;ksa dk iz;ksx djrs gq,] ;g funs'k nsrh gS fd 292-26 gsDVs;j

(yxHkx) ;k 722-17 ,dM+ (yxHkx) mDr Hkwfe esa ;k ml ij ds

lHkh vf/dkj dsUnzh; ljdkj esa bl izdkj fufgr cus jgus ds

ctk,] rkjh[k 10 tqykbZ] 2014 ls fuEufyf[kr fuca/uksa vkSj 'krks±

ds v/hu jgrs gq,] ljdkjh daiuh esa fufgr gks tk,axs] vFkkZr~%&&

(1) ljdkjh daiuh] mDr vf/fu;e ds mica/ksa ds v/hu

;Fkk vo/kfjr izfrdj] C;kt] uqdlkfu;ksa vkSj oSlh gh enks dh

ckcr~ fd, x, lank;ksa dh dsUnzh; ljdkj dks izfriwfrZ djsxh_

(2) 'krZ (1) ds v/hu ljdkjh dEiuh }kjk dsUnzh; ljdkj

dks lans; jdeksa dk vo/kj.k djus ds iz;kstuksa ds fy, mDr

vfèkfu;e dh /kjk 14 ds v/hu ,d vf/dj.k dk xBu fd;k

tk,xk vkSj ,sls fdlh vf/dj.k vkSj mDr vf/dj.k dh lgk;rk

ds fy, fu;qfDr O;fDr;ksa ds laca/ esa mixr lHkh O;;] ljdkjh

daiuh }kjk ogu fd, tk,axs vkSj bl izdkj fufgr mDr Hkwfe esa ;k

ml ij ds vf/dkjksa ds fy, ;k muds laca/ esa lHkh fof/d

dk;Zokfg;ksa dh ckcr~ mixr] lHkh O;; Hkh] ljdkjh daiuh }kjk

ogu fd, tk,axs_

(3) ljdkjh daiuh] dsUnzh; ljdkj ;k muds in/kfj;ksa dh]

,sls fdlh vU; O;; ds laca/ esa {kfriwfrZ djsxh] tks bl izdkj

fufgr mDr Hkwfe esa ;k ml ij ds vf/dkjksa ds ckjsa esa] dsUnzh;

ljdkj ;k mlds in/kfj;ksa }kjk ;k muds fo:¼ fdUgha dk;Zokfg;ksa

ds laca/ esa vko';d gks_

(4) ljdkjh daiuh dks dsUnzh; ljdkj ds iwoZ vuqeksnu ds

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

vf/dkjksa dks fdlh vU; O;fDr dks varfjr djus dh 'kfDr ugha

gksxh_ vkSj

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6899

(5) ljdkjh daiuh] ,sls funs'kksa vkSj 'krks± dk ikyu djsxh]

tks dsUnzh; ljdkj }kjk] tc dHkh vko';d gks] mDr Hkwfe ds

fof'k"V {ks=kksa ds fy, fn, tk,a ;k vf/jksfir fd, tk,aA

¹iQk- la- 43015@7@2010&ihvkjvkbZMCY;w&Iº

nksfefud MqaxMqax] voj lfpo

ORDER

New Delhi, the 27th October, 2014

S.O. 2771.—Whereas on the publication of the

notification of the Government of India in the Ministry of

Coal, number S.O. 1726(E), dated the 26th March, 2014, in

the Gazette of India, Extraordinary, Part-II, Section 3, sub-

section (ii), dated the 10th July, 2014, issued under sub-

section (1) of Section 9 of the Coal Bearing Areas

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

(hereinafter referred to as the said Act), the land measuring

292.26 hectares (approximately) or 722.17 acres

(approximately) as the rights in or over the land described

in the Schedule appended to the said notification

(hereinafter referred to as the said land) are vested

absolutely in the Central Government free from all

encumbrances under sub-section (1) of Section 10 of the

said Act.

And whereas the Central Government is satisfied

that the Western Coalfields Limited, Nagpur, Maharashtra

(hereinafter referred to as the Government company) is

willing to comply with such terms and conditions as the

Central Government thinks fit to impose in this behalf.

Now, therefore, in exercise of the powers confered

by sub-section (1) of Section 11 of the Coal Bearing Areas

(Acquisition and Development) Act, 1957, the Central

Government hereby direct that the 292.26 hectares

(approximately) or 722.17 acres (approximately) in or over

the said land so vested shall, with efect from 10th July,

2014, instead of continuing to so vest in the Central

Government, vest in the Government company, subject to

the following terms and conditions, nemely:—

(1) the Government company shall reimburse to the

Central Government all payments made in respect of

compensation, interest, damages and the like, as determined

under the provisions of the said Act;

(2) a Tribunal shall be constituted under Section 14

of the said Act, for the purpose of determining the amounts

payable to the Central Government by the Government

company under conditions (1), and all expenditure incurred

in connection with any such Tribunal and persons

appointed to assist the said Tribunal shall be borne by the

said Government company and similarly, all expenditure

incurred in respect of all legal proceedings for or in

connection with the rights, in or over the said land, so

vesting shall also be borne by the said Government

Company;

(3) the Government company shall indemnify the

Central Government or its officials against any other

expenditure that may be necessary in connection with any

proceddings by or against the Central Government or its

officials regarding the rights in or over the said land so

vested;

(4) the Government company shall have no power to

transfer the said land and the rights in or over the said land

so vested to any other person without the prior approval

of the Central Government; and

(5) the Government company shall abide by such

directions and conditions as may be given or imposed by

the Central Government for particular areas of the said lands,

as and when necessary.

[F. No. 43015/7/2010-PRIW-I]

DOMINIC DUNGDUNG, Under Secy.

vkns'k

ubZ fnYyh] 27 vDrwcj] 2014

dk-vk- 2772-—dks;yk /kjd {ks=k (vtZu vkSj fodkl)

vfèkfu;e] 1957 (1957 dk 20) (ftls blesa blds i'pkr~ mDr

vf/fu;e dgk x;k gS) dh /kjk 9 dh mi&/kjk (1) ds v/hu

tkjh Hkkjr ljdkj ds dks;yk ea=kky; dh vf/lwpuk la[;kad

dk-vk- 1104(v)] rkjh[k 15 vizSy] 2014 ftls Hkkjr ds jkti=k]

vlk/kj.k] Hkkx&II] [kaM&3] mi&[kaM (ii)] rkjh[k 17 vizSy]

2014 esa izdkf'kr dh xbZ Fkh] mDr vf/lwpuk ls layXu vuqlwph

esa of.kZr 178-74 gsDVs;j (yxHkx) ;k 441-49 ,dM+ (yxHkx)

eki okyh Hkwfe esa (ftls blesa blds i'pkr~ mDr Hkwfe dgk x;k

gS) Hkwfe esa ;k ml ij ds lHkh vf/dkj mDr vf/fu;e dh /kjk

10 dh mi&/kjk (1) ds v/hu] lHkh foYyaxeksa ls eqDr gksdj]

vkR;afrd :i ls dsUnzh; ljdkj esa fufgr gks x, gSaA

vkSj dsUnzh; ljdkj dk ;g lek/ku gks x;k gS fd lsaVªy

dksyiQhYM~l fyfeVsM] jkaph] >kj[kaM (ftls blesa blds i'pkr~

ljdkjh dEiuh dgk x;k gS)] ,sls fuca/uksa vkSj 'krks± dk ftUgsa

dsUnzh; ljdkj bl fufeÙk vf/jksfir djuk mfpr le>s] vuqikyu

djus ds fy, jtkean gSA

vr%] vc] dsUnzh; ljdkj] dks;yk /kjd {ks=k (vtZu vkSj

fodkl) vf/fu;e] 1957 dh /kjk 11 dh mi&/kjk (1) }kjk

iznÙk 'kfDr;ksa dk iz;ksx djrs gq,] ;g funs'k nsrh gS fd 178-74

gsDVs;j (yxHkx) ;k 441-49 ,dM+ (yxHkx) bl izdkj fufgr

mDr Hkwfe esa vkSj Hkwfe esa ;k ml ij ds lHkh vf/dkj dsUnzh;

6900

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

ljdkj esa bl izdkj fufgr cus jgus ds ctk,] rkjh[k 17 vizSy]

2014 ls fuEufyf[kr fuca/uksa vkSj 'krks± ds v/hu jgrs gq, ljdkjh

daiuh esa fufgr gks tk,axs] vFkkZr~%&

(1) ljdkjh daiuh] mDr vf/fu;e ds mica/ksa ds v/hu

;Fkk vo/kfjr izfrdj] C;kt] uqdlkfu;ksa vkSj oSlh gh enksa dh

ckcr fd, x, lank;ksa dh dsUnzh; ljdkj dks izfriwfrZ djsxh_

(2) 'krZ (1) ds v/hu ljdkjh dEiuh }kjk dsUnzh; ljdkj

dks lans; jdeksa dk vo/kj.k djus ds iz;kstuksa ds fy, mDr

vfèkfu;e dh /kjk 14 ds v/hu ,d vf/dj.k dk xBu fd;k

tk,xk vkSj ,sls fdlh vf/dj.k vkSj mDr vf/dj.k dh lgk;rk

ds fy, fu;qDr O;fDr;ksa ds laca/ esa mixr lHkh O;;] ljdkjh

daiuh }kjk ogu fd, tk,axs vkSj bl izdkj fufgr mDr Hkwfe esa ;k

ml ij ds vf/dkjksa ds fy, ;k muds laca/ esa vihy vkfn lHkh

fof/d dk;Zokfg;ksa dh ckcr mixr] lHkh O;; Hkh] ljdkjh daiuh

}kjk ogu fd, tk,axs_

(3) ljdkjh daiuh] dsUnzh; ljdkj ;k mlds in/kfj;ksa dh]

,sls fdlh vU; O;; ds laca/ esa {kfriwfrZ djsxh] tks bl izdkj

fufgr mDr Hkwfe esa ;k ml ij ds vf/dkjksa ds ckjs esa] dsUnzh;

ljdkj ;k mlds in/kfj;ksa }kjk ;k muds fo#¼ fdUgha dk;Zokfg;ksa

ds laca/ esa vko';d gks_

(4) ljdkjh daiuh dks dsUnzh; ljdkj ds iwoZ vuqeksnu ds

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

vf/dkjksa dks fdlh vU; O;fDr dks varfjr djus dh 'kfDr ugha

gksxh_ vkSj

(5) ljdkjh daiuh] ,sls funs'kksa vkSj 'krks± dk ikyu djsxh]

tks dsUnzh; ljdkj }kjk] tc dHkh vko';d gks] mDr Hkwfe ds

fof'k"V {ks=kksa ds fy, fn, tk,a ;k vf/jksfir fd, tk,aA

¹iQk- la- 43015@18@2012&ihvkjvkbZMCY;w&Iº

nksfefud MqaxMqax] voj lfpo

ORDER

New Delhi, the 27th October, 2014

S.O. 2772.—Whereas on the publication of the

notification of the Government of India in the Ministry of

Coal number S.O. 1104(E), dated the 15th April, 2014, in the

Gazette of India, Extraordinary, Part-II, Section 3, sub-section

(ii), dated the 17th April, 2014, issued under sub-section (1)

of Section 9 of the Coal Bearing Areas (Acquisition and

Development) Act, 1957 (20 of 1957) (hereinafter referred

to as the said Act), the land measuring 178.74 hectares

(approximately) or 441.49 acres (approximately) as all the

rights in or over the said land described in the Schedule

appended to the said notification (hereinafter referred to

as the said land) are vested absolutely in the Central

Government free from all encumbrances under sub-section

(1) of Section 10 of the said Act.

And whereas the Central Government is satisfied

that the Central Coalfields Limited, Ranchi, Jharkhand

(hereinafter referred to as the Government company) is

willing to comply with such terms and conditions as the

Central Government thinks fit to impose in this behalf.

Now, therefore, in exercise of the powers confered

by sub-section (1) of Section 11 of the Coal Bearing Areas

(Acquisition and Development) Act, 1957, the Central

Government hereby direct that the 178.74 hectares

(approximately) or 441.49 acres (approximately) the said

land and the rights in or over the said land so vested shall,

with effect from 17th April, 2014, instead of continuing to

so vest in the Central Government, vest in the Government

company, subject to the following terms and conditions,

nemely:—

(1) the Government company shall reimburse to the

Central Government all payments made in respect of

compensation, interest, damages and the like, as determined

under the provisions of the said Act;

(2) a Tribunal shall be constituted under Section 14

of the said Act, for the purpose of determining the amounts

payable to the Central Government by the Government

company under condition (1), and all expenditure incurred

in connection with any such Tribunal and persons

appointed to assist the said Tribunal shall be borne by the

said Government company and similarly, all expenditure

incurred in respect of all legal proceedings like appeals,

etc. for or in connection with the rights, in or over the said

land, so vested shall also be borne by the said Government

Company;

(3) the Government company shall indemnify the

Central Government or its officials against any other

expenditure that may be necessary in connection with any

proceedings by or against the Central Government or its

officials regarding the rights in or over the said land so

vested;

(4) the Government company shall have no power to

transfer the said land and the rights in or over the said land

so vested to any other person without the prior approval

of the Central Government; and

(5) the Government company shall abide by such

directions and conditions as may be given or imposed by

the Central Government for particular areas of the said lands,

as and when necessary.

[F. No. 43015/18/2012-PRIW-I]

DOMINIC DUNGDUNG, Under Secy.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6901

Je ,oa jkstxkj ea=kky;

ubZ fnYyh] 14 vDrwcj] 2014

dk-vk- 2773-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj bZ-lh-,y- 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;] vlulksy ds iapkV (lanHkZ la- 64@2000) dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 14-10-2014 dks izkIr gqvk FkkA

¹la- ,y&22012@528@99&vkbZvkj (lh,e&II)º

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

MINISTRY OF LABOUR AND EMPLOYMENT

New Delhi, the 14th October, 2014

S.O. 2773.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 64/

2000) of the Cent. Govt. Indus. Tribunal-cum-Labour

Court, Asansol as shown in the Annexure, in the

Industrial Dispute between the management of ECL, and

their workmen, received by the Central Government on

14.10.2014.

[No. L-22012/528/99-IR (CM-II)]

B. M. PATNAIK, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

ASANSOL

PRESENT:

Sri Pramod Kumar Mishra, Presiding Officer

REFERENCE NO. 64 OF 2000

PARTIES:

The management of Jhanjra 1/2 Incline of M/s. ECL

Vs.

Md. Sobhan Mia and 13 others

REPRESENTATIVES:

For the Management

:

Sri. P.K. Das, Ld. Adv.

For the Union (Workman)

:

None

INDUSTRY : COAL

STATE : WEST BENGAL

Dated : 24.09.14

AWARD

In exercise of powers conferred by clause (d) of Sub-

section(1) and Sub-section 2(A) of Section 10 of the

Industrial Disputes Act, 1947(14 of 1947), Govt. of India

through the Ministry of Labour vide its Order No. L-22012/

528/99-IR(CM-II) dated 13.07.2000 has been pleased to

refer the following dispute for adjudication by this

Tribunal.

SCHEDULE

“Whether the action of the management of Jhanjra

1/2 Incline of M/s. ECL in reduction of wages of Md.

Sobhan Mia and 13 others (list enclosed) on transfer

from Kumardih ‘B’ Colliery to Jhanjra 1/2 Incline is

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

is entitled ?”

Having received the Order of Letter No. L-22012/

528/99-IR(CM-II) dated 13.07.2000 of the above said

reference from the Govt. of India, Ministry of Labour, New

Delhi for adjudication of the dispute, a Reference Case

No. 64 of 2000 was registered on 01.08.2000 and

accordingly an order to that effect was passed to issue

notices through the registered post to the parties

concerned directing them to appear in the court on the

date fixed and to file their written statements along with

the relevant documents and a list of witnesses in support

of their claims. In pursuance of the said order notices by

the registered post were sent to the parties concerned.

On Perusal of the case record I find that my

predecessor (Late Jayanta Kumar Sen, the then P.O.) had

reserved this case for an award because the workman

neither appeared nor took any step since long despite

registered notices. It seems that the workman has now no

more interest left to proceed with this case further. The

case is also too old – in the year 2000 and I find no reason

to keep this old record pending without any result. As

such the case is closed and accordingly a ‘No Dispute

Award’ may be passed.

ORDER

Let an “Award” be and the same is passed as “No Dispute”

existing. Send the copies of the order to the Govt. of India,

Ministry of Labour, New Delhi for needful information.

The reference is accordingly disposed of.

PRAMOD KUMAR MISHRA, Presiding Officer

ubZ fnYyh] 14 vDrwcj] 2014

dk-vk- 2774-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ,l-bZ-lh-,y-

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- 206@1997)

dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 14-10-2014 dks izkIr

gqvk FkkA

¹la- ,y&22012@164@1997&vkbZvkj (lh&II)º

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

6902

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

New Delhi, the 14th October, 2014

S.O. 2774.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 206/

1997) of the Cent. Govt. Indus. Tribunal-cum-Labour

Court, Jabalpur as shown in the Annexure, in the

Industrial Dispute between the management of SECL,

and their workmen, received by the Central Government

on 14.10.2014.

[No. L-22012/164/1997-IR (C-II)]

B. M. PATNAIK, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/206/97

PRESIDING OFFICER : SHRI R. B. PATLE

Secretary,

Koyla Mazdoor Sabha (UTUC),

J & K Area, Lusai Camp,

Post Kotma,

Distt. Shahdol (MP)

...Workman/Union

Versus

Chief General Manager,

Hasdeo Area of SECL,

Post South Jhagrakhand Colliery,

Distt. Surguja (MP)

...Management

AWARD

Passed on this 22nd day of September, 2014

1.

As per letter dated 22-7-97 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-

22012/164/97-IR(C-II). The dispute under reference relates

to:

“ Whether the action of the management of Mines

Rescue Station, SECL, Mahendragarh in dismissing

Shri Dilip Kumar Bannerjee, Cashier Grade-I from

service w.e.f. 25-12-95 is legal and justified? If not,

to what relief is the workmen entitled and from which

date?”

2.

After receiving reference, notices were issued to

the parties. Workman submitted statement of claim at Page

2/1 to 2/5. Case of workman is that vide order dated 25-12-95,

he was dismissed from service. He was working as Cashier

Grade I in Mines Rescue Station, Mahendragarh.

Chargesheet was issued to him on 5-10-94 for allegations

of tampering, manipulating original computerized statement

submitted to Bank for salary of August 1994. Charge was

also in connivance with other employees Vivekanand Ram

and Bijoy Kumar. That they had misappropriated amount

more than One Lakh.

3.

After appointing Enquiry Officer and Presenting

Officer, enquiry was conducted. Enquiry Officer submitted

his finding that charges were proved. Disciplinary

Authority without considering his submissions, issued

order of his dismissal. Workman submits Enquiry Officer

was biased. He was not allowed opportunity for his

defence. Other co-accused were protected. During

pendency of enquiry, amount was recovered from

subsistence allowance. Workman was not allowed to

cross-examine witnesses of the management. The findings

of Enquiry Officer are perverse. On such ground, workman

prays for his reinstatement with back wages.

4.

IInd party filed Written Statement at Page 6/1 to

6/29. It is submitted that workman was working as cashier

in Mines Rescue Station, Hasdeo Area. It was his duty to

observe rules and regulations. He was authorized to make

payment only on basis of passed order and instructions.

Workman was to keep records of specimen signatures of

authorized officers. After receiving chargesheet, enquiry

was conducted against workman. The witnesses of

management were cross-examined by his co-worker.

Opportunity for his defence was given. The misconduct

conducted by workman is of serious nature. It is dangerous

to continue him in employment. If enquiry is vitiated,

management be allowed to prove misconduct by adducing

evidence. It is reiterated that enquiry conducted against

workman is proper. Showcause notice is issued to workman,

other employees were also issued chargesheet. They were

reinstated after settlement.

5.

Workman submitted rejoinder at Page 7/1 to 7/6

reiterating his contentions in statement of claim.

Management also filed rejoinder at Page 0/3 to 10/7.

6.

Enquiry conducted against workman is found

vitiated as per order dated 20-12-2010 by my predecessor.

Management was permitted to prove misconduct in Court.

7.

Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:-

(i)

Whether the action of the management of Mines

Rescue Station, SECL, Mahendragarh in dismissing

Shri Dilip Kumar Bannerjee, Cashier Grade-I from

service w.e.f. 25-12-95 is legal and justified? In

Negative

(ii)

If not, what relief the workman is entitled to?”

As per final order.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6903

REASONS

8.

As discussed above, enquiry conducted against

workman is found illegal. Management was permitted to

prove misconduct in Court. Management filed affidavit of

witness Shri Shambhu Sharan. Witness of management

stated that wages of workman was disbursed through Bank

account. The documents in respect of wages, check list

for rescue employees were prepared through computer.

Chargesheet Exhibit M-1 was issued to workman. Charges

were of tampering, manipulating original computer

statement etc. workman had embezzled company’s money

Rs. 4224.83 and deposited in his name. amount Rs.6983/-

in name of Vivekanand Clerk Grade-II- Rs.6911.83, Shri Vijay

Kumar s.5000.27 & Shri A.K.Mukherjee Rs. 904.83 in name

of Grade I clerk. The excess payment was deposited with

accounts of workman as well as above persons. Workman

Shri D.K.Bajjerjee was paid excess amount Rs. 11,353.81 in

June and July 1993. Workman forged signature of Suptd.

of mines. Amount Rs. 66427.11 was unauthorisely drawn

in excess by workman. Excess amount was paid to Shri

B.N.Roy to disburse amount to the workers at rescue

station. Shri B.N.Roy was not having Bank Account. Other

details are given by the witness.

9.

Management witness in his cross-examination says

tampering had not occurred in his presence. As per

procedure payment is made through account. If any

overwriting is made, signature of competent authority is

required. The documents for which tampering was

committed those original documentos are not produced.

He could not say who committed tampering. He claims

ignorance whether opinion of handwriting expert was

taken. Chargesheet was issued to Shri Vivekanand, vijay

Kumar, A.K.Mukherjee. he was unable to tell what

punishment was imposed against him if all of them were

reinstated. Management’s witness was unable to tell the

amount of any employee . After tampering, amount was

deposited by workman in his account. Management did

not examine any other witness. Documents alleged to have

tampered are not produced. The evidence of management’s

witness is not sufficient to prove the charges against

workman. The amount alleged to have been embezzled is

also not proved. For above reasons, I record my finding in

Point No.1 in Negative.

10.

Point No.2- In view of my finding in Point No.1,

charges alleged against workman are not proved by

management, question arises whether workman is entitled

for reinstatement with full back wages. As charges against

workman are not proved, the punishment of his dismissal

cannot be sustained. Workman is therefore entitled for

his reinstatement. With regard to claim for back wages,

there is no cogent evidence adduced by either parties

whether workman was in gainful employment when no

cogent evidence is adduced by workman about his

unemployment during whole period. Considering above

aspects, in my considered view reinstatement of workman

with 50 % back wages would be appropriate. Accordingly

I record my finding in Point No.2.

11.

In the result, award is passed as under:-

(1) The action of the management of Mines Rescue

Station, SECL, Mahendragarh in dismissing Shri Dilip

Kumar Bannerjee, Cashier Grade-I from service w.e.f.

25-12-95 is not legal and proper.

(2) IInd party is directed to reinstate workman with

continuity of service with 50 % back wages.

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] 14 vDrwcj] 2014

dk-vk- 2775-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj osLVuZ

dksyiQhYMl 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;] tcyiqj ds iapkV

(lanHkZ la- 247@1999) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj

dks 14-10-2014 dks izkIr gqvk FkkA

¹la- ,y&22012@351@1998&vkbZvkj (lh,e&II)º

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

New Delhi, the 14th October, 2014

S.O. 2775.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 247/

1999) of the Cent. Govt. Indus. Tribunal-cum-Labour

Court, Jabalpur as shown in the Annexure, in the Industrial

Dispute between the management of WCL, and their

workmen, received by the Central Government on

14.10.2014.

[No. L-22012/351/1998-IR (CM-II)]

B. M. PATNAIK, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/247/99

PRESIDING OFFICER:

SHRI R. B. PATLE,

The Secretary,

RKKMS(INTUC),

Po Chandametta,

Distt. Chhindwara (MP)

...Workman/Union

6904

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

Versus

Manager,

Ambara Colliery of WCL,

PO Ambara,

Distt. Chhindwara (MP)

...Management

AWARD

Passed on this 22nd day of September 2014

1.

As per letter dated 7-7-99 by the Government of

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

received. The reference is made to this Tribunal under

Section -10 of I.D.Act, 1947 as per Notification No.L-22012/

351/98-IR (CM-II).The dispute under reference relates to:

“ Whether the action of the management of Western

Coalfields Ltd. Kanhan Area i.e. Manager, Ambara

Colliery, WCL, Kanhan Area PO Ambara Distt.

Chhindwara (MP) in not giving notional fixation to

Shri Chetanram S/o Roopram, Exposive Carrier of

Ambara Colliery (declared medically unfit for tub

loader job) as per settlement dated 2-11-92 arrived at

before RLC, Nagpur 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 3/6. Case of Ist party workman is that he is

employed as explosive career in Category II as per NCWA.

Previously workman was working as tub loader in Ambara

Colliery of WCL. As per NCWA, job description of the

post of tub loader is piece rated job and loaders used to

work in groups and are being paid group wages. The Tub

loaders get basic as well as emoluments more than the

workers working in Category I, II or III of NCWA. The tub

loader was getting wages of Group V. workman was

drawing wages of tub loader. On 13-6-89, workman was

employed in 3rd shift of Ambara underground mine. During

course of employment, he suffered mining injury, fracture

to right leg ankle. Workman was referred to WCL Hospital,

Kanhan Area. Thereafter he was referred to Permanand

Rehabilitation Centre at Chhindwara. Workman was

receiving treatment for 18 months and discharged from

rehabilitation centre on 10-10-90. Permanent disability of

workman was assessed 8 %. He was paid compensation

under workman Compensation Act and clause 9.21 of

NCWA.

3.

That workman was referred to Medical Board for

assessing his fitness for alternate job. Workman was found

unfit for loaders job. He was recommended light job on

surface as General Mazdoor Category I. workman was

declared fit for alternate job. He was allowed conversion

from piece rated to time rated in Category I from 9-1-91.

That as per NCWA, the employees declared medically unfit

from the post is converted from one category to other. His

basic wage is protected. Workman was denied protection

of wages of tub loader after his conversion to Category I

Mazdoor. Thereafter workman was promoted as Explosive

Career Category II on 9-1-94. Workman submits as per

settlement dated 2-11-92, he is entitled for pay protection.

He was denied notional fixation of Category I taking group

wages of tub loader. On such ground, workman is praying

that he may be granted notional fixation after he was

declared medically unfit for job of tub loader.

4.

IInd party filed Written Statement at Page 5/1 to

5/6. Claim of workman is denied. IInd party submits that

workman was working as tub loader in Ambara Colliery,

Kanhan Area. He met with an accident on 15-6-89.

Workman was provided medical treatment at expense of

the company. He was examined by Medical Board. His

permanent disability was assessed 7 %. Workman had

executed memorandum of agreement in Form

L. workman received compensation. He had submitted

application giving option for alternate employment.

Workman was deployed as General mazdoor because of

the option given by him. Workman was promoted as

Explosive career Category II from 9-1-94. Workman is paid

wages of said category. It is reiterated that workman was

working as tub loader. He suffered with accident and after

examination by Medical Board, his permanent disability

was assessed 7 %.

5.

Claim of Ist party workman as per settlement dated

2-11-92 is denied. It is submitted that said subject matter

was discussed in conciliation proceedings with reference

to piece rated workers, time rated jobs. The note of

discussion is reproduced . That all such piece rated

workman given option for time rated, monthly rated jobs

will be fixed in the middle of commensurate category for

which they ought. No personal pay is allowed. Such piece

rated workman may put in time rated monthly rated in future

by managerial decision. Rest of the contentions of

workman are denied.

6.

Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:-

(i)

Whether the action of the

management of Western

Coalfields Ltd. Kanhan

Area i.e. Manager, Ambara

Colliery, WCL, Kanhan Area

PO Ambara Distt. Chhindwara

(MP) in not giving notional

fixation to Shri Chetanram

S/o Roopram, Exposive Carrier

of Ambara Colliery (declared

medically unfit for tub loader

job) as per settlement dated

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6905

2-11-92 arrived at before RLC,

Nagpur is justified?

In Negative

(ii)

If not, what relief the workman

As per final

is entitled to?”

order.

REASONS

7.

Ist party workman has raised dispute for denial of

notional fixation of his wages after he was declared unfit

for tub loader job and conversion allowed for job of General

Mazdoor. The claim is denied by IInd party.

8.

Workman filed affidavit of his evidence supporting

his contentions in statement of claim. That he was working

as tub loader. He suffered minor injury on 13-6-89. He was

receiving treatment in rehabilitation centre for 18 months.

He was discharged on 9-10-90. He was examined by

Medical Board and found unfit for job of tub loader. He

was allowed conversion to the post of General Mazdoor.

Notional fixation was not allowed to him. On 9-1-94, he

was promoted as explosive career Category II. In his cross-

examination workman says he is working as Explosive

Career Category IV. He was appointed as tub loader

working underground. It is heavy work. Job of General

Mazdoor is light, work of tub loader is piece rated. After

accident on 14-6-89, he was admitted in hospital. He was

examined by Medical Board- permanent disability of 8 %

was considered. He was allowed alternate job as General

Mazdoor. He was promoted as Explosive career category

II on 9-1-94. At the time of conversion, his wages for tub

loader were not considered.

9.

The documents produced by workman Exhibit

W-1 to W-7 are relating to his treatment and injury reports.

Exhibit W-8 is certificate of medical board. Workman was

found fit for alternate job on surface as General Mazdoor

on 9-2-91. Workman was found unfit for job of loader.

Exhibit W-9 is order of promotion of workman and others

dated 9-1-94. Exhibit W-10 is copy of settlement dated

1-10-92 settled before ALC. Demand No.1 agreed between

Union and management provides that management shall

provide alternate job to the employees particularly loaders

who are physically week due to their old age, sickness

irrespective of vacancies. Clause 1.3 reads management

shall on conversion from PR to TR/MR will fully protect

the group wages including SPRA wherever applicable. The

basic pay so fixed in the TR/MR category grade if exceeds

the maximum of the category grade, the balance will be

treated as personal pay to the person concerned which

shall be adjusted in the subsequent revision of pay/

promotion. Exhibit W-10 is admitted by management.

Workman was denied its benefit.

10.

The evidence of management’s witness Shri P.K.

Tripathi supporting contentions of management.

Management’s witness stated w.e.f. 9-9-94, on completion

of date of regularisation, workman is paid wages of

Category II. The modification will be prospective and piece

rated workman who had come in time rated monthly rated

category have already been paid till 30-10-95. According

to Tripartite settlement dated 2-11-92 with RKKMS, note

of discussion dated 17-7-93 will continue to be paid as per

item No. 1.3 of settlement. Management’s witness in his

cross-examination says he ws not working in Ambara Sub

area during 84 to 94. The provisions of NCWA are

applicable to IInd party. Workman is promoted as Explosive

career Category II from 19-1-94. Workman was paid wages

of said category. Workman was not allowed pay protection

at the time of conversion.

11.

Management produced documents Exhibit M-2 to

M-7. Workman had given consent vide Exhibit M-1. That

he was ready to work as General Mazdoor. That he had no

objection receiving basic wages of Category I. when

document Exhibit W-10 clearly provides for protection of

wages at time of conversion obtaining such undertaking

from workman by management cannot be said proper. For

above reasons, I record my finding in Point No.1 in

negative.

12.

Point No.2- from evidence of workman and

documents Exhibit W-10 reproduced supra, workman is

entitled to protection of wages of the post of tub loader.

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 Western Coalfields

Ltd. Kanhan Area i.e. Manager, Ambara Colliery,

WCL, Kanhan Area PO Ambara Distt. Chhindwara

(MP) in not giving notional fixation to Shri Chetanram

S/o Roopram, Exposive Carrier of Ambara Colliery

is not legal.

(2)

IInd party is directed to allow protection of wages

of post of tub loader of workman from the date of his

conversion to post of General Mazdoor Category I.

Difference of wages be paid to workman within two

months from date of publication of award.

In case of default, amount shall carry 9 % interest

per annum from the date of award till its realization.

14.

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] 14 vDrwcj] 2014

dk-vk- 2776-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj bZ-lh-,y- 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

6906

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

U;k;ky;] vlulksy ds iapkV (lanHkZ la- 92@2000) dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 14-10-2014 dks izkIr gqvk FkkA

¹la- ,y&22012@524@1999&vkbZvkj (lh,e&II)º

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

New Delhi, the 14th October, 2014

S.O. 2776.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 92/2000)

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

Asansol as shown in the Annexure, in the Industrial

Dispute between the management of ECL, and their

workmen, received by the Central Government on

14.10.2014.

[No. L-22012/524/99-IR (CM-II)]

B. M. PATNAIK, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT,

ASANSOL

PRESENT:

Sri Pramod Kumar Mishra, Presiding Officer

REFERENCE NO. 92 OF 2000

PARTIES:

The management of Parasia O.C.P of M/s. ECL

Vs.

Sri Pradeep Kundu

REPRESENTATIVES :

For the Management

:

Sri. P.K. Das, Ld. Adv.

For the Union (Workman)

:

None

INDUSTRY : COAL

STATE : WEST BENGAL

Dated – 25.09.14

AWARD

In exercise of powers conferred by clause (d) of Sub-

section(1) and Sub-section 2(A) of Section 10 of the

Industrial Disputes Act, 1947(14 of 1947), Govt. of India

through the Ministry of Labour vide its Order No. L-22012/

524/99-IR(CM-II) dated 19.09.2000 has been pleased to

refer the following dispute for adjudication by this

Tribunal.

SCHEDULE

“ Whether the action of the management of

M/s. Eastern Coalfields Ltd. in dismissing the

services of Sh. Pradeep Kundu, U.G. Loader, is legal

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

entitled ?”

Having received the Order of Letter No. L-22012/

524/99/IR(CM-II) dated 19.09.2000 of the above said

reference from the Govt. of India, Ministry of Labour, New

Delhi for adjudication of the dispute, a Reference Case

No. 92 of 2000 was registered on 27.09.2000 and

accordingly an order to that effect was passed to issue

notices through the registered post to the parties

concerned directing them to appear in the court on the

date fixed and to file their written statements along with

the relevant documents and a list of witnesses in support

of their claims. In pursuance of the said order notices by

the registered post were sent to the parties concerned.

On Perusal of the case record I find that my

predecessor (Late Jayanta Kumar Sen, the then P.O.) had

reserved this case for an award because the union neither

appeared nor took any step since long despite registered

notices. It seems that the workman is now no more

interested to proceed with the case further. The case is

also too old - in the year 2000. I find no reason to keep this

old record pending. As such the case is closed and

accordingly a ‘No Dispute Award’ may be passed.

ORDER

Let an “Award” be and the same is passed as “No

Dispute” existing. Send the copies of the order to the Govt.

of India, Ministry of Labour, New Delhi for needful

information. The reference is accordingly disposed of.

PRAMOD KUMAR MISHRA, Presiding Officer

ubZ fnYyh] 14 vDrwcj] 2014

dk-vk- 2777-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj bZ-lh-,y- 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;] vlulksy ds iapkV (lanHkZ la- 86@2000) dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 14-10-2014 dks izkIr gqvk FkkA

¹la- ,y&22012@48@2000&vkbZvkj (lh,e&II)º

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

New Delhi, the 14th October, 2014

S.O. 2777.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 86/

2000) of the Cent. Govt. Indus. Tribunal-cum-Labour

Court, Asansol as shown in the Annexure, in the

Industrial Dispute between the management of ECL, and

their workmen, received by the Central Government on

14.10.2014.

[No. L-22012/48/2000-IR (CM-II)]

B. M. PATNAIK, Desk Officer

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6907

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT,

ASANSOL

PRESENT:

Sri Pramod Kumar Mishra, Presiding Officer

REFERENCE NO. 86 OF 2000

PARTIES:

The management of Shyamsunderpur Colliery,

Bankola Area of M/s. ECL

Vs.

Koyala Mazdoor Congress

REPRESENTATIVES:

For the management

:

Sri. P.K. Das Ld. Adv.

For the union (Workman)

:

S. K. Pandey, Gen. Secy.

of the union

INDUSTRY : COAL

STATE : WEST BENGAL

Dated : 22.09.14

AWARD

In exercise of powers conferred by clause (d) of Sub-

section(1) and Sub-section 2(A) of Section 10 of the

Industrial Disputes Act, 1947(14 of 1947), Govt. of India

through the Ministry of Labour vide its Order No. L-22012/

48/2000/IR (CM-II) dated 12/15.09.2000 has been pleased

to refer the following dispute for adjudication by this

Tribunal.

SCHEDULE

“ Whether the action of the management of

Shyamsunderpur Colliery of Bankola Area of M/s.

Eastern Coalfields Ltd. in not fixing the workload/

rate of tramming and not reviewing the same

periodically as per clause 3.7.1 of NCWA V is legal

and justified ? If not, to what relief the workmen are

entitled ?”

Having received the Order of Letter No. L-22012/48/

2000/IR (CM-II) dated 12/15.09.2000 of the above said

reference from the Govt. of India, Ministry of Labour,

New Delhi for adjudication of the dispute, a Reference

Case No. 86 of 2000 was registered on 27.09.2000 and

accordingly an order to that effect was passed to issue

notices through the registered post to the parties

concerned directing them to appear in the court on the

date fixed and to file their written statements along with

the relevant documents and a list of witnesses in support

of their claims. In pursuance of the said order notices by

the registered post were sent to the parties concerned.

Sri P. K. Das, Ld. Adv. for the management and

Sri S. K. Pandey, representative of the union are present.

Both of them pray to close this case as the workman do

not want to proceed with the case further. On perusal of

the case record I find that a petition has been filed on

behalf of the workman with the request to close the case.

As such the case is closed and accordingly a ‘No Dispute

Award’ may be passed.

ORDER

Let an “Award” be and the same is passed as “No

Dispute” existing. Send the copies of the order to the

Govt. of India, Ministry of Labour, New Delhi for needful

information. The reference is accordingly disposed of.

PRAMOD KUMAR MISHRA, Presiding Officer

ubZ fnYyh] 14 vDrwcj] 2014

dk-vk- 2778-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj bZ-lh-,y- 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;] vlulksy ds iapkV (lanHkZ la- 40@1999) dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 14-10-2014 dks izkIr gqvk FkkA

¹la- ,y&22012@280@1998&vkbZvkj (lh,e&II)º

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

New Delhi, the 14th October, 2014

S.O. 2778.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 40/

1999) of the Cent. Govt. Indus. Tribunal-cum-Labour

Court, Asansol as shown in the Annexure, in the

Industrial Dispute between the management of ECL, and

their workmen, received by the Central Government on

14.10.2014.

[No. L-22012/280/1998-IR (CM-II)]

B. M. PATNAIK, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT,

ASANSOL

PRESENT:

Sri Pramod Kumar Mishra, Presiding Officer

REFERENCE NO. 40 OF 1999

PARTIES:

The management of Khas Kajora Colliery, ECL

Vs.

Late Smt. Bijali Mejhian

6908

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

REPRESENTATIVES:

For the management

:

Sri P. K. Das, Ld.

Advocate

For the union (Workman)

:

Sri S. K. Pandey,

General Secretary

INDUSTRY : COAL

STATE : WEST BENGAL

Dated : 18.09.2014

AWARD

In exercise of powers conferred by clause (d) of Sub-

section (1) and Sub-section 2(A) of Section 10 of the

Industrial Disputes Act, 1947(14 of 1947), Govt. of India

through the Ministry of Labour vide its letter No. L-22012/

280/98/IR (CM-II) dated 05.05.1999 has been pleased to

refer the following dispute for adjudication by this

Tribunal.

SCHEDULE

“Whether the action of the management of Khas

Kajora Colliery, Kajora Area of M/s. ECL in not

providing employment to the dependent of Late Smt.

Bijali Mejhain, Ex-Wagon Loader, is legal and

justified ? If not, to what relief is the dependent of

the ex-workman entitled ?”

Having received the Order No. L-22012/280/98/IR

(CM-II) dated 05.05.1999 of the above said reference from

the Govt. of India, Ministry of Labour, New Delhi for

adjudication of the dispute, a reference case No. 40 of

1999 was registered on 07.06.1999. Accordingly an order

to that effect was passed to issue notices through the

registered post to the parties concerned, directing them to

appear in the court, on the date fixed and to file their written

statements along with the relevant documents and a list

of witnesses in support of their claims. In pursuance of

the said order notices by the registered post were sent to

the parties concerned. Both the parties appeared in the

Tribunal, through their representative.

Written statement filed by the dependent of Late

Smt. Bijali Mejhian, he has stated that Smt. Bijali Mejhian

was a permanent employee of Khas Kajora Colliery, having

her designation as Wagon Loader, Identity Card No. 13597

Form ‘B’ No. 548 and CMPF A/C. No. B/593160. Late Smt.

Bijali Mejhian died on 21.12.1995 while she was in service.

Deputy Medical Superintendent of Khas Kajora Colliery

has issued Death Certificate of Smt. Bijali Mejhian on

21.12.1995. In terms of provisions contained in clause 9.4.2

of NCWA-IV and NCWA-V. As per NCWA agreement the

dependent of deceased employee is entitled for

employment in the company and accordingly her son Sri

Deb Prasad Manjhi applied for employment and submitted

all relevant papers and documents. The husband of Late

Smt. Bijali Mejhain named Bijoy Prasad pre-deceased her

on 26.06.1989. Except Sri Deb Prasad Manjhi no other

member is dependent on Late Smt. Bijali Mejhian. After

laps of 2 years, offer of employment not given to the

dependent of Late Smt. Bijali Mejhian. Therefore Koyala

Mazdoor Congress, being a registered trade union raised

an Industrial Dispute before the ALC(C), Raniganj on

17.02.1998. The said dispute failed. It has been prayed the

Tribunal may kindly direct the management of Khas Kajora

Colliery to provide employment to Sri. Deb Prasad Manjhi

the dependent of the deceased and management should

also be directed to pay adequate compensation for the

abnormal delay in disposing the claim.

On other hand management has stated in his written

statement that instant reference is bad in the eye of law.

The reference is entirely misconceived one and cannot

constitute any industrial dispute. Management has

stated in his written statement that Late Smt. Bijali

Mejhian was a permanent employee of the Khas Kajora

Colliery, she was working as ex-wagon loader in the said

colliery. Smt. Bijali Mejhian during her service submitted

an application for V.R. under F.V.R. scheme in January 1995,

nominating a person alleging him to be Sri Deb Prasad

Manjhi as her son. In the meantime another person

claiming himself to be Sri Deb Prasad Manjhi applied for

employment. His application forwarded to the Chief

Vigilance Officer, ECL HQ, and the matter was taken by the

Vigilance department. Meantime Smt. Bijali Mejhian expired

on 21.12.1995. After her death union has raised an Industrial

Dispute before the ALC(C), Raniganj, on behalf of said Sri

Deb Prasad Manjhi for payment of gratuity. As per

direction of controlling authority the gratuity and L.C.S.

of late Smt. Bijali Mejhian was paid to aforesaid Sri Deb

Prasad Manjhi. Sri Deb Prasad Manjhi could not establish

relationship with Late Smt. Bijali Mejhian. He failed to

establish proper identification as such the claim for

employment was not considered and was rejected at

screening level for want of sufficient proof. The

management have or had no obligation to provide

employment to a fake person whose relationship was at a

great doubt and suspicious. The demand of the union is

purely based on misrepresentation of the fact. It is denied

the offer of employment was illegally denied by the

management. Management has or had no liability to

provide employment to the dependent of Late Smt. Bijali

Mejhian in terms of provision of class 9.4.2 of NCWA-IV.

The action of the management of Khas Kajora Colliery,

ECL, is totally justified in not providing employment to

the dependent of Late Smt. Bijali Mejhian.

Union has produced 10 Xerox copies of the

documents. Dependent of Late Smt. Bijali Mejhian, Sri Deb

Prasad Manjhi has examined himself as witness. Neither

any document has been filed nor any oral evidence has

been adduced by the management.

I have heard the argument of Sri S. K. Pandey on

behalf of the union/workman and Sri P. K. Das, Ld.

Advocate on behalf of the management.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6909

It is not disputed that deceased workman Late Smt.

Bijali Mejhian was permanent employee of Khas Kajora

Colliery. It is also admitted fact that Late Smt. Bijali Mejhian

died while she was in service as ex-wagon loader.

Reliance has been placed by the union on NCWA

agreement IV & V. As per NCWA agreement in Para 9.3.0 it

is provided that in case of death of any workman while in

service the dependent of workman will be provided

employment. The dependent for this purpose as described

in the NCWA agreement means the wife or the husband as

the case may be, unmarried daughter, son and legally

adopted son. if no such direct dependent is available for

the employment younger brother, widowed daughter,

widowed daughter in law of son in law residing with the

deceased and almost wholly depended on the earning of

the deceased may be considered as dependent of the

deceased.

Sri Deb Prasad Manjhi has claimed job in Khas Kajora

Colliery after the death of his mother Late Smt. Bijali

Mejhian while she was in service. The Xerox copy of the

service record of Late Smt. Bijali Mejhian has been

produced by the union. This record is maintained by ECL

and it has been issued by ECL. The family composition

shown in the service record of Late Smt. Bijali Mejhian

which is maintained by ECL Sri Vijay Dusad was her

husband, Sri Deb Prasad Manjhi and Sri Madhab Chand

Manjhi are sons of Late Smt. Bijali Mejhian, Smt. Santara

Manjhi is married daughter of Late Smt. Bijali Mejhian.

Controlling authority on the presentation of Sri Deb Prasad

Manjhi, after hearing the management and Sri Deb Prasad

Manjhi has passed the order for payment of gratuity to Sri

Deb Prasad Manjhi, on merit. Controlling authority has

passed the order on 12.09.2001. Controlling Authority,

ALC(C) ordered for payment of gratuity for Rs.

53,661.60/- (Rupees Fifty Three Thousand Six Hundred

Sixty One and Sixty Paise only) to Sri Deb Prasad Manjhi.

Besides agent in Khas Kajora Colliery in his letter dated

14.08.2000 has admitted that as per service record Sri Deb

Prasad Manjhi is son of Late Smt. Bijali Mejhian.

The general principal of law of evidence is that, he

who asserts must prove. In other words the burden of

proof is obligation to adduce evidence to the satisfaction

of Tribunal in order to establish the existence or non-

existence of a fact contained by the party.

Sri Deb Prasad Manjhi has stated in his affidavit

that he was born out of wed lock between his father

Sri.Vijay Dusad and mother Late Smt. Bijali Mejhian. He

have been made nominee in respect of C.M.P.F

accumulation of Late Smt. Bijali Mejhian. Late Smt. Bijali

Mejhian died on 21.12.1995 while she was in service as

wagon loader. Husband of late Smt. Bijali Mejhian, Sri.Vijay

Dusad died on 26.06.1989 before the death of Smt. Bijali

Mejhian. After the death Sri Madhab Chand Manjhi and

Smt. Santra Manjhi are only legal heir. Other legal heirs

have given no objection in writing for providing

employment to him, besides he has filed indemnity form.

Sri Deb Prasad Manjhi has been cross-examined on behalf

of the management. In cross-examination he has not made

any statement repugnant to the statement made in the

examination in-chief.

There is no piece of evidence, that Sri Deb Prasad

Manjhi is not the son of Late Smt. Bijali Mejhian. I am

unable to understand that when management paid entire

gratuity amount to Sri Deb Prasad Manjhi as dependent

of Late Smt. Bijali Mejhian. Then on what basis the

management was refusing Sri Deb Prasad Manjhi to be

dependent of Late Smt. Bijali Mejhian. Management has

not produced the order of screening committee for non-

entitlement of employment of Sri Deb Prasad Manjhi.

In view of the decision above I think it just and

proper to direct management to provide employment to

Sri Deb Prasad Manjhi, who is dependent of Late Smt.

Bijali Mejhian in lieu of death of Smt. Bijali Mejhian

ORDER

Let an “Award” be and the same is passed as per

above discussion. Send the copies of the order to the Govt.

of India, Ministry of Labour, New Delhi for information

and needful. The reference is accordingly disposed of.

PRAMOD KUMAR MISHRA, Presiding Officer

ubZ fnYyh] 14 vDrwcj] 2014

dk-vk- 2779-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ,iQ-lh-vkbZ-

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; la- 1] ubZ fnYyh ds iapkV (lanHkZ la-

174@2011) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 14-10-

2014 dks izkIr gqvk FkkA

¹la- ,y&22012@235@2006&vkbZvkj (lh,e&II)º

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

New Delhi, the 14th October, 2014

S.O. 2779.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 174/

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

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

Industrial Dispute between the management of Food

Corporation of India, and their workmen, received by the

Central Government on 14.10.2014.

[No. L-22012/235/2006-IR (CM-II)]

B. M. PATNAIK, Desk Officer

6910

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

ANNEXURE

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

CENTRAL GOVT. INDUSTRIAL TRIBUNAL NO. I,

KARKARDOOMA COURTS COMPLEX, DELHI

I.D.No.174/2011

The President,

FCI (Handling) Worker’s Union,

8654, Arakashan Road,

Paharganj,

New Delhi-110055

...Workman

Versus

The Chairman–cum–Managing Director,

Food Corporation of India,

16-20, Barakhamba Lane,

New Delhi-110001.

...Management

AWARD

Food Corporation of India (in short the Corporation)

was set up by the Central Government under the provisions

of Food Corporation of India Act, 1964 for the purpose of

procurement, storage, preservation, salvaging, weighing,

standardization, transportation and distribution of food

grains through public distribution system in the country.

The Corporation employs workers in its various

establishments/depots, railheads and offices to do

handling operations of food grains. Workers, so engaged,

are of following categories:

i.

Departmentalized workers,

ii.

Direct payment system workers,

iii.

No work no pay system workers, and

iv.

Management Committee system workers

2. The management committee system of labour

remained in operation till 01.11.1994. With effect from

01.11.1994, workers of management committee system were

upgraded to workers of direct payment system, vide

memorandum of settlement signed on that date between

the Corporation and the unions, with a view to eliminate

management committee system of workers from all the

depots. Since 01.11.1994, management committee system

of labour is not prevalent in any depot of the Corporation.

3. The Corporation got standing orders certified

from the Certifying Officer, which are applicable to its

establishments in North, East and NEF Zones, where

departmentalized workers are employed. Certified standing

orders are not made applicable to direct payment system

and no work no pay system workers. FCI (Handling)

Workers Union (in short the union) made efforts to claim

parity in the matter of wages and fringe benefits, besides

12 days casual leave in a year, as applicable to

departmentalized workers, for workers of direct payment

system and no work no pay system. A demand was raised

in that regard, which was not conceded to by the

Corporation. Constrained by these circumstances, the

union raised a dispute before the Conciliation Officer,

which dispute was contested by the Corporation.

Resultantly, conciliation proceedings failed. On

consideration of failure report, submitted by the

Conciliation Officer, the appropriate Government referred

the dispute to Central Government Industrial Tribunal

No.II, New Delhi, for adjudication, vide order No.L-22012/

235/2006-IR(CM-II), New Delhi, dated 10.9.2007, with

following terms of reference:

“Whether the demand of the Union for not allowing

12 days Casual Leave in a calendar year as per

Certified Standing Orders to workers other than

Departmentalized Labour by the Management of FCI

is legal and justified ? If so, to what relief are the

workmen entitled ?”

4. Claim statement was filed by the union, pleading

that the Corporation employs food handling workers in

the categories of departmentalized workers, direct payment

system workers, no work no pay system workers and

management committee system workers at its various food

storage depots. Workers of the aforesaid categories are

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

Industrial Disputes Act, 1947(in short the Act), claims the

union. The Industrial Employment (Standing Orders) Act,

1946(in short the Standing Orders Act) also defines

workman as a person who falls within the ambit of

‘workman’ as defined by the Act. Therefore, all categories

of employees, employed by the Corporation at its various

food storage depots, are workmen. The Corporation got

standing order certified under the Standing Orders Act.

However, applicability of certified standing orders have

been restricted by the Corporation only to category of

departmentalized workers, on the strength of its letter

No.IR(L)/3(1)88 dated 25.11.1999. Provisions of certified

standing orders are not made applicable to the categories

of workers working under direct payment system, no work

no pay system and management committee system. By

way of restricting applicability of certified standing orders

to departmentalized workers only, the Corporation had

denied benefit of 12 days casual leaves in a year to the

workers working under direct payment system, no work

no pay system and management committee system. The

union raised a demand on the Corporation claiming parity

for direct payment system, no work no pay system and

management committee system of workers with

departmentalized workers in the matter of casual leaves

available to them. The said demand was not conceded to.

Act of the Corporation in denying 12 days casual leave to

other categories of workers than the departmentalized

workers is denial of their legitimate rights. Under Clause

13(2)(a) of the certified standing orders, applicable in the

establishment of the Corporation, a workman is entitled to

12 days casual leave in a year. The union claims that an

award may be passed in favour of the workmen, falling

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6911

under the category of direct payment system, no work no

pay system and management committee system, holding

them entitled to 12 days casual leave in a calendar year,

besides grant of 12 days wages for every calendar year

with effect from the date when certified standing orders

came into operation in the establishment of the

Corporation.

5. Demurral was made by the Corporation, pleading

that by way of present industrial dispute, relief has been

claimed under the Standing Orders Act, which Act is a self

contained code. Provisions of the Standing Orders Act

deals with issues relating to implementation of service

conditions of industrial employees under the said Act and

such issues can be agitated before the forum provided

there under and not before this Tribunal. Direct payment

system, no work no pay system and management

committee system workers are recognized by the

settlements entered into between the unions and the

Corporation from time to time. The union filed a writ

petition, being WP(C) No. 422 of 2000 in the Apex Court,

seeking wages at par with departmentalized workers for

direct payment system, no work no pay system and

management committee system workers, employed at 223

depots of the Corporation. The Apex Court, vide its order

dated 05.04.2002, ruled that justification and expediency

of continuance of direct payment system of labour,

recognized by various settlements, is to be looked into

and facts of the dispute raised by the union can be raised

before an industrial adjudicator under the Act. At present,

the said dispute is sub-judice before the National Industrial

Tribunal Mumbai as ID No.1/2003 wherein parity in wages

and fringe benefits for direct payment system, no work no

pay system and management committee system workers

have been claimed to that of the wages and fringe benefits

available to departmentalized labour. Proceedings in the

said dispute are fixed for 03.11.2011. In view of these

facts, the present dispute is incompetent.

6. As the Apex Court ruled that direct payment

system is recognized labour system, the Corporation

submitted draft standing orders in respect of direct

payment system workers before the Certifying Officer

under the provisions of the Standing Orders Act since the

existing standing orders were not applicable to that

category of workers. The Certifying Officer, vide his order

dated 25.08.2008, granted liberty to seek modification in

the existing certified standing orders, but refused to certify

the draft standing orders on the ground that there cannot

be two separate standing orders in one establishment.

The Corporation filed an appeal against the said order

before the Appellate Authority, which appeal pends

adjudication. The union has also filed an appeal against

the order dated 25.08.2008. FCI Workers Union has also

filed an appeal against that order, which appeal is also

sub-judice. The issue as to the applicability of existing

certified standing orders to direct payment system workers

pends adjudication before the High Court of Delhi in civil

writ petition No.1676 of 2008. In view of the aforesaid

facts, present proceedings are liable to be dismissed.

7. The Corporation projects that the union, a

splinter group of FCI Workers Union, is not competent to

raise a dispute on behalf of direct payment system, no

work no pay system and management committee system

workers. The Corporation pleads that no worker under the

management committee system has been engaged by it.

Labour system such as departmentalized workers, direct

payment system and no work no pay system are recognized

and governed by the settlements signed between it and

the labour unions from time to time. The Corporation

disputes that workers of the category of direct payment

system, and no work no pay system are eligible to get 12

days casual leave in a year. It has been claimed that the

dispute raised is not legally competent, hence it may be

dismissed.

8. Vide order No.Z-22019/6/2007-IR(C-II) dated

30.03.2011, the appropriate Government transferred the

dispute to this Tribunal for adjudication.

9. Shri Mehboob Alam and Shri Hari Kant Sharma

entered the witness box to testify facts on behalf of the

union. Shri Tej Singh gave evidence on behalf of the

Corporation. No other witness was examined by either of

the parties.

10. Arguments were heard at the bar. None appeared

on behalf of the union to advance arguments on its behalf.

Shri Om Prakash, authorized representatives, advanced

arguments on behalf of the Corporation. I have given my

careful considerations to the arguments advanced at the

bar and cautiously perused the records. My findings on

issues involved in the controversy are as follows:

11. In its written statement, the Corporation pleaded

that a dispute is sub-judice before the National Industrial

Tribunal, Mumbai, as ID No.1/2003 wherein parity in wages

and fringe benefits for direct payment system, no work no

pay system and management committee system workers

have been claimed to that of wages and fringe benefits

available to departmentalized labour. It has been

contended by the Corporation that 12 days casual leave

in a calendar year is part of fringe benefits, in respect of

which dispute has been referred for adjudication to

National Industrial Tribunal, Mumbai. Out of its pleadings,

Corporation wants to project that on a dispute being

referred for adjudication to the National Industrial Tribunal,

this Tribunal cannot exercise its jurisdiction over the matter,

since the present dispute shall be deemed to have been

quashed on reference of dispute being made to the National

Industrial Tribunal, Mumbai. Issues so raised by the

Corporation were considered and adjudicated by this

Tribunal vide order dated 22.09.2011 wherein findings were

recorded against the Corporation, which findings have

been extracted hereunder:

6912

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

“9. Sub-section (1A) of section 10 of the Act

empowers the Central Government to refer an

“industrial dispute” or any matter appearing to be

connected with or relevant to that dispute in the

Second Schedule or Third Schedule to a National

Industrial Tribunal for adjudication irrespective of

the fact whether or not it is the “appropriate

Government” in relation to that dispute. But before

the Central Government can make a reference, it must

have formed its opinion that:

(1) There is a dispute which satisfies the requirement

of an industrial dispute as defined in section 2 (k) of

the Act.

(i) Such industrial dispute exists or is at least

apprehended at the time of making the reference,

(ii) Such dispute (a) involves any question of

national importance, or (b) is of such a nature

that industrial establishment situated in more

than one State are likely to be interested in or

affected by such dispute, and

(2) The dispute should be adjudicated upon by a

National Tribunal.

10. Provisions of sub-section (6) of section 10 of the

Act are devised with a view to avoid multiplicity of

proceedings which may result from a reference to

the National Tribunal. The provisions contained

therein bar adjudication upon any matter by a Labour

Court or Industrial Tribunal, when such a matter has

been referred for adjudication to a National Tribunal

under sub-section (1A) of section 10 of the Act.

Non-obstante clause makes it implicit that

irrespective of the other provisions of the Act, it is

the National Tribunal alone which will be seized of

the matter referred to it to the complete exclusion of

adjudication by other adjudicatory authorities under

the Act.

11. Provisions of clause (a) of sub-section (6) of

section 10 of the Act contemplate that if the matter

referred to the National Tribunal under sub section

(1A) is at the time of such reference pending in or

before a Labour Court or Industrial Tribunal, the

proceedings before such Labour Court or Tribunal,

as the case may be, in so far it relates to such matter

shall be deemed to have been quashed. Sub clause

(b) of the aforesaid section bars the appropriate

Govt. from making a reference to a Labour Court or

an Industrial Tribunal for adjudication during the

pendency of the proceedings in relation to such

matter before the National Tribunal. The effect of

the said clause is that if a such matter is referred to

adjudication, the order of reference shall be void ab

inito and the Labour Court or the Industrial Tribunal

shall have no jurisdiction to proceed with the

adjudication.

12. Whether provisions of sub-section (6) of section

10 of the Act come in to play, in the present

controversy? As noted above the appropriate Govt.

referred the dispute of workers working under Direct

Payment System, No Work No Pay System and

Management Committee System relating to their

entitlement for same pay and other benefits as are

available to the departmentalized labour in various

depots of the Corporation through out the country.

The reference order makes it clear that the workers

of above categories claim parity with

departmentalized labour for their pay and other

benefits. Claim filed before the National Tribunal

projects that the parity in pay and other benefits is

demanded on account of similar work and

responsibilities performed by them. The expression

“other benefits” would certainly encompass casual

leave in it. In the reference under consideration the

Handling Union demands for 12 days causal leave

in a calendar year as per Certified Standing Orders

to the workers other than departmentalized labour.

13. Whether reference orders, referred above, project

that the National Tribunal as well as this Tribunal

are going to adjudicate upon one and the same

matter. In the reference before the National Tribunal

claim of pay and other benefits is based on parity

with the departmentalized labour. Therefore the

cause of action or apprehension of an industrial

dispute was perceived by the appropriate Govt. as

to be based on demand relating to parity of pay and

other benefits with that of the departmentalized

labour. Hence it is clear that the National Tribunal is

seized with a dispute which is based on a claim

seeking parity in pay and other benefits with

departmentalized labour. The present reference

makes it clear that the Handling Union demands

twelve days causal leave in a calendar year to

workers other then departmentalized labour, in

pursuance of Certified Standing Orders. Therefore

the dispute under reference, though relating to 12

days causal leave, which forms part of other benefits,

is based on the Certified Standing Orders, framed

under the Industrial Employment (standing Orders)

Act, 1946, Certified Standing Orders have force of

law. It may encourage any one to say that the claim

before this Tribunal is based on service conditions,

guaranteed by the Standing Orders.

14. Law recognizes a right in favour of a litigant to

base his case on all or any one of the causes of

action available to him. Different causes of action

may arise in favour of a party, when some wrong has

been caused to him. For example, if one is

dispossessed from his immovable property he may

sue his opponent for possession under section 6 of

the Specify Relief Act, 1963, may also sue, based on

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6913

previous possession and not on title as

contemplated by Article 64 and can also maintain a

suit for possession based on title as enacted by

Article 65 of the Limitation Act, 1963. He can maintain

suit for possession of the said immovable property

on above causes of action, which are independent

of each other. Likewise a landlord may seek

possession of the tenanted accommodation from

his tenant on different grounds, enacted under the

tenancy laws. There would be no bar to different

suits or petitions to seek possession of the

immovable property or tenanted premises, as the

case may be. In the same manner demand of 12 days

causal leaves in a calendar year is based on different

propositions viz. (I) parity with the departmentalized

labour, and (II) based on service conditions,

guaranteed by the Certified Standing Orders.

15. Whether claim of 12 days casual leave in a

calendar year as per Certified Standing Orders was

preferred to the National Tribunal for adjudication?

As detailed above, claim of pay and other benefits

in parity with departmentalized labour was referred

for adjudication to the National Tribunal. Would

claim of 12 days casual leave as per Certified

Standing Orders fall within to ambit of “such

matters”, as provided in sub-clause (b) of sub section

(6) of section 10 of the Act? For an answer it would

be expedient to construe the above phrase used in

sub-section (6), which is reproduced thus:

“(6) Where any reference has been made under sub-

section (1A) to a National Tribunal then

notwithstanding anything contained in this Act, no

Labour Court or Tribunal shall have jurisdiction to

adjudicate upon any matter which is under

adjudication before the National Tribunal, and

accordingly,—

(a) If the matter under adjudication before the

National Tribunal is pending in a proceeding before

a Labour Court or Tribunal, the proceeding before

the Labour Court or the Tribunal, as the case may

be, in so far as it relates to such matter, shall be

deemed to have been quashed on such reference to

the National Tribunal; and

(b)It shall not be lawful for the appropriate

Government to refer the matter under adjudication

before the National Tribunal to any Labour Court or

Tribunal for adjudication during the pendency of

the proceeding in relation to such matter before the

National Tribunal”.

16. “Such matter” is key note of above two clauses

of sub-section (6) of section 10 of the Act. Since the

provisions of aforesaid two clauses oust

jurisdictions of the adjudicatory authorities as well

as of the appropriate Govt., as the case may be,

hence are to be construed strictly. Therefore the

phrase “such matter” which has been referred for

adjudication to a National Tribunal would include

the matter which was under consideration before

the Central Govt., when it formed opinions as

contemplated by sub-section (1A) of section 10 of

the Act. The matter which was not under

consideration before the Central Govt. and not

referred for adjudication fall outside the purview of

the phrase “such matter”. Any matter, which creeps

subsequently and is distinct and different than the

matter referred for adjudication to the National

Tribunal, would not fall within the ambit of phrase

“such matter” as used in sub clause (b) of the

aforesaid sub-section.

17. At the cost of repetition, it is said that the matter

relating to demand of 12 days casual leave, as per

Certified Standing Orders, is not pending

adjudication before the National Tribunal. On this

cause of action, the Handling Union has raised a

demand and apprehending existence of an industrial

dispute, it was referred to this Tribunal for

adjudication. This dispute does not fall within the

mischief of the phrase “such matter”, as used in sub

clause (b) of sub-section (6) of section 10 of the

Act. Hence neither sub clause (b) nor sub-clause (a)

of aforesaid sub-section has any application. The

dispute referred to this Tribunal is distinct and

different to the dispute which has been referred for

adjudication to the National Tribunal. The

appropriate Govt. was competent to make a reference

of the dispute to this Tribunal for adjudication.”

12. Next count of attack was made by the

Corporation, pleading that issues relating to

implementation of service conditions of industrial

employees are to be governed under the Standing Orders

Act, when Certified Standing Orders have been certified

for the establishment of the Corporation. The Standing

Orders Act is a self contained Code and issues which fall

within the purview of Standing Orders Act can be agitated

before the forum provided by the said Act and not before

this Tribunal. This contention, raised by the Corporation,

would be addressed to in the light of the provisions of

Standing Orders Act.

13. The Standing Orders Act was brought over the

Statute Book with an object to have a uniform standing

orders providing for matters enumerated in the schedule

to the said Act. Once standing orders for an establishment

come into force, there should not be different conditions

of service for those who are employed before and those

employed after the standing orders came into operation.

Once the Standing Orders come into force, they bind all

those in the employment of the concerned establishment.

The purpose of the Standing Orders Act is to require

employers to define with certainty conditions of service

in their establishment, to reduce them to writing and to get

6914

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

them compulsorily certified with a view to avoid

unnecessary industrial dispute. Of course, it is always

desirable that such conditions be formally laid down and

expressed with as great precision as possible.

14. Section 1 of the Standing Orders Act specifies

that the said Act applies to whole of India to every industrial

establishment wherein 100 or more workmen are employed

or were employed on any day of the preceding 12 months

when the Act came into force. Section 2 of the Act provides

dictionary for the words such as Appellate Authority,

appropriate Government, Certifying Officer, employer,

industrial establishment, prescribed, standing orders, trade

union, wages and workmen. Section 3 of the said Act casts

an obligation on an employer to submit draft standing

orders, proposed by him for adoption in the industrial

establishment, to the Certifying Officer. Section 4 lays

down conditions for certification of standing orders while

section 5 casts a duty on the Certifying Officer to examine

the question of fairness of the standing orders and

thereafter to certify it after following procedures provided

therein.

15. Section 6 of the Standing Orders Act creates a

right of appeal against the order of the Certifying Officer,

besides duties of the Appellate Authority to dispose of

that appeal. Section 7 deals as to from which date standing

orders would come into operation. Section 8 details that

on being certified, Certifying Officer shall file copy of

standing orders in the register kept for that purpose.

Section 9 provides that text of the Certified Standing

Orders shall be prominently posted by the employer on

special boards to be maintained for that purpose. Section

10 of the said Act details duration for which certified

stranding orders shall remain in force and as to how the

same shall be modified.

16. Section 10 A of the said Act deals with right of

subsistence allowance in favour of a workman suspended,

pending investigation or enquiry into the complaint or

charges of misconduct against him. Section 11 vests

Certifying Officer and the Appellate Authority with powers

of Civil Court for the purpose of receiving evidence,

administering oath, enforcing attendance of witnesses

and compelling discovery and production of documents,

while dealing with application for certification of standing

orders or an appeal against the orders of the Certifying

Officer. Section 12 puts an embargo on oral evidence to be

given in contradiction of standing orders certified under

the said Act. Section 12A details that Model Standing

orders shall have temporary application till standing orders

are finally certified by the Certifying Officer.

17. Section 13 of the Standing Orders Act defines

penalties and procedure for imposition of those penalties

when an employer violates provisions of section 3 of

section 10 of the said Act. Section 13 A enables an

employer or workman or trade union to refer a question for

adjudication to any one of the labour court relating to

application or interpretation of standing order certified

under the said Act. Section 13B of the said Act details that

provisions of the Standing Orders Act shall not apply to

certain industrial establishments, specified therein. Section

14 empowers an appropriate Government to exempt

conditionally or unconditionally any industrial

establishment from all or any of the provisions under the

said Act. Section 14A empowers the appropriate

Government to delegate its powers to the State Government

or any officer or authority, as the case may be. The State

Government may also delegate its powers to any officer or

authority, as may be specified by way of notification.

Section 15 of the said Act empowers the appropriate

Government to make rules in respect of situations detailed

therein.

18. As noted above, Standing Orders Act, deals with

the proposition as to how standing orders would be

certified by Certifying Office. It has also been provided

therein that till standing orders are got certified by an

employer for its establishment, Model Standing Orders

would be applicable in that establishment. It has also

been detailed therein that parties have right of appeal

against the orders of the Certifying Officer and the

Appellate Authority would deal with the appeals raised

by the workman or employer, as the case may be. The

period for which the standing order, certified by the

Certifying Officer, shall remain in operation has been

detailed in the Standing Orders Act. How standing orders

can be modified is an area which has been dealt with by

the Standing Orders Act. In case of violation of provisions

of sections 3 and 10 of the Standing Orders Act, an

employer may be prosecuted and punished in accordance

with the procedure laid therein. These propositions make

it apparent that the Standing Orders Act is a complete

Code for the purpose of requiring an employer to define

conditions of service in respect of his industrial employees

with certainty, to reduce them in writing and to get them

compulsorily certified. In case of a dispute relating to

interpretation or application of standing orders, certified

under the said Act, parties have been vested with a right

to refer that question to a labour court constituted under

the Act. Thus, it emerges that dispute relating to

application or interpretation of the standing orders,

certified under the Standing Orders Act, may be raised by

a workman or an employer, as the case may be, before a

Labour Court constituted, under the Act.

19. In the present controversy, a dispute has been

raised by the union claiming 12 days casual leave in a

calendar year for workers of direct payment system and

no work no pay system. Gravamen of the dispute is as to

whether denial of 12 days casual leaves in a calendar year

as per Certified Standing Orders to the aforesaid category

of employees is legal and justified. A right has been claimed

by the union in favour of its members relating to

applicability of standing orders, got certified by the

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6915

Corporation, for its depots in North, East and North East

Frontier Zones. Such a right has been accorded by section

13A of the Standing Orders Act in favour of the workman

or a trade union or the employer, which authorize them to

refer a question relating to application or interpretation of

standing orders to any one the Labour Courts constituted

under the Act. Resultantly, contention raised by the

Corporation that dispute cannot be raised before this

Tribunal, constituted under provisions of the Act, is

uncalled for.

20. The Corporation projects that a draft standing

orders, enumerating conditions of services applicable to

workers of direct payment system, was filed before the

Certifying Officer for certification. The Certifying

Officer rejected its request vide its order dated 25.08.2008.

However, liberty was granted to seek modification in

the existing certified standing orders. An appeal was

filed by the Corporation before the Appellate Authority.

The union also filed an appeal against the said order,

besides an appeal preferred by FCI Workers union. The

Corporation agitated that in view of pendancy of those

appeals, dispute raised for adjudication to this Tribunal

is incompetent.

21. During the course of adjudication, appeals,

preferred by the Corporation, union and the FCI Workers

Union, were disposed off by the Appellate Authority under

the Standing Orders Act, vide its orders dated 17.10.2012.

The Appellate Authority ruled that workers of direct

payment system squarely fell within the ambit of

definition of ‘workman’ as given by section 2(s) of the

Act. The Appellate Authority also concluded that the

standing orders of the Corporation are applicable to all

its units, hence direct payment system workers are already

covered by the definition of workman given in the

certified standing orders. He ruled that it does not seem

to be appropriate to have a separate standing orders for

direct payment system workers. In view of above decision,

direct payment system workers are held to be workmen

within the ambit of Standing Orders Act and standing

orders certified on 27.02.1998 and modified/approved on

31.08.1999 in the appeal are applicable to such

employees.

22. In view of the orders passed by the Appellate

Authority, it became crystal clear that the appeals raised

by the Corporation, union and the FCI Workers Union

under section 6 of the Standing Orders Act were disposed

off by the Appellate Authority, vide its order dated

17.10.2012. The above adjudication by the Appellate

Authority takes away the objection raised by the

Corporation in that regard. Therefore, contention to the

effect that due to pendancy of the appeal, present reference

was not competent, is found to be untenable.

23. The Corporation pleads that the union, being a

splinter group of FCI Workers Union is not competent to

raise the present dispute. Facts to the effect that the union

is a splinter group of FCI Workers Union are not dispelled.

Now, it would be considered as to whether the union is

competent to raise the dispute. For an answer, law is to be

taken note of. In Food Corporation of India [1995 (71) FLR

278] , the Apex Court was confronted with a proposition

as to how representative character of a trade union would

be determined. In that case Food Corporation of India

and the unions, representing the workmen in the

establishment of Food Corporation of India, have agreed

to follow “secret ballot system” for assessing the

representative character of the trade unions. The Apex

Court laid down as to how the method of secret ballot

should be tailored to yield correct results. The Court ruled

therein that the union/unions obtaining the highest

numbers of votes in the process of election shall be given

recognition by the Food Corporation of India for a period

of five years, from the date of conferment of the

recognition.

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

DLR 271], the Orissa High Court rules that a recognized

union, who has numerical support to represent and to

speak on behalf of all workmen, has a right to represent

the entire body of workmen. An unrecognized union has

no right to represent the entire body of the workmen, but

it may speak for or represent workmen, who are its members

individually or as a group. In case of any conflict between

demands of recognized union and demands of an

unrecognized union the management can accept views of

the recognized union but the management cannot deny or

refuse to entertain any representation from or to enter into

any dialogue or discussion with an unrecognized union in

respect of grievances of any individual workman or a group

of workmen belonging to the unrecognized union. Relying

on the precedent in Balmer Lawrie Workers Union (AIR

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

demand on discussion over a demand is not the one and

the same thing. Right of raising grievance and discussion

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

The High Court noted observation of the Apex Court in

the precedent, referred above, with profit, which

observations are extracted thus:

“….Forming an Association is entirely independent

different from its recognition. Recognition of a union

confers rights, duties and obligations. Non-conferring of

such rights, duties and obligations on a union other than

the recognized union does not put it in an inferior position

nor the charge of discrimination can be entertained. The

members of a non-recognised association can fully enjoy

their fundamental freedom of speech and expression as

also to form the association.

The Legislature has in fact taken note of the existing

phenomenon in trade unions where there would be unions

6916

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

claiming to represent workmen in an undertaking or

industry other than recognized union. Section 22 of 1971

Act confers some specific rights on such non-recognized

unions, one such being the right to meet and discuss with

the employer the grievances of individual workman. The

Legislature has made a clear distinction between

individual dispute affecting all or a large number of

workmen. In the case of even an unrecognized union it

enjoys the statutory right to meet and discuss the

grievance of an individual workman with the employer.

It also enjoys the statutory right to appear and participate

in a domestic or departmental enquiry in which its

member is involved. This is statutory recognition of an

unrecognized union. The exclusion is partial and the

embargo on such unrecognized union or individual

workman to represent workmen is in the larger interest

of industry, public interest and national interest. Such a

provision could not be said to be violative of fundamental

freedom guaranteed under Article 19(1)(a) or 19(1)(c) of

the Constitution.”

25. As emerge out of the law detailed above, an

unrecognized union is not entitled to be treated at par

with a recognized union. However, in the case under

reference, the Corporation nowhere claims that FCI

Workers Union emerged as a majority union in secret

ballot and recognition was accorded to it in that regard.

Evidently, there are multiple trade unions operating in

the establishment of the Corporation. The union is a

splinter group of FCI Workers Union. When secret ballot

system was not adhered to by the Corporation to assess

representative character of FCI Workers Union, in that

situation the Corporation cannot claim to deal with FCI

Workers Union in the matter of taking a policy decision

relating to service conditions of its employees. In such a

situation, the union is also competent to raise issues

relating to service conditions of the employees, who

happen to be its members. Contention raised by the

Corporation to the effect that being a splinter group of

FCI Workers Union, the union is not competent to raise

the dispute, is unfounded. The same is, accordingly,

brushed aside.

26. On turning to facts, one may announce that the

Corporation has to perform a lot of work in seasons for

procurement of food grains, when stocks are procured

and brought to its depots. Volume of work depends on

supply of food grains for Schemes like public distribution

system. There remains variation in volume of work on

account of richness of crop in the country, requirements

of food grains for Government Schemes and off take of

food grains from depots of the Corporation in accordance

with availability of foodgrains in the open market. Work

of handling of food grains in depots of the Corporation

is very peculiar and of seasonal in character. For the

purpose of the Contract Labour (Regulation and Abolition)

Act, 1970, every depot of the Corporation has been treated

as an establishment in itself by the Asnani Committee

appointed by the Ministry of Labour, Government of India,

New Delhi, pursuant to directions given by the Apex Court

to go into the question of abolition of contract labour

system in depots of the Corporation.

27. Besides departmentalized labour, the Corporation

used to engage labours through contractors. When

unions, working in its establishment, resorted to technique

of collective bargaining, the Corporation had to eliminate

the contractors and engage labours under direct payment

system. Wages of the workers working under direct

payment system is being revised by the Corporation after

every two years on the basis of change in All India

Consumer Price Index. Workers engaged under no work

no pay system are not under administrative control of the

Corporation. Same is the case of workers engaged under

management committee system. Work is allotted to the

workers of management committee, which comprises of

representatives of the workmen and not of the Corporation.

The Committee deploys workers and also prefer bills for

quantum of work done. On receipt of payment from the

Corporation, the Committee disburses it to the individual

worker concerned. As per procedure agreed between the

parties, the Corporation does not make payment directly

to the individual workers. There has been no administrative

or disciplinary control of the Corporation over workers

working under management committee system. From

01.11.1994, workers of management committee system were

upgraded to the status of workers of direct payment

system, on the strength of settlement entered into between

the Corporation and the unions.

28. Different labour systems, such as

departmentalized worker, direct payment system labour

and no work no pay system labour, are prevalent in the

Corporation, pursuant to settlement arrived at between

representatives of the unions and the Corporation, as is

evidence out of settlement Ex.WW1/M2. Shri Mehboob

Alam concedes in his testimony that the employees

working as departmentalized workers and direct payment

system workers are of two different categories. Ex.WW1/

M2 substantiates that fact wherein service conditions

applicable to departmentalized labour, direct payment

system workers and no work no pay system workers have

been distinctly delineated.

29. Shri Hari Kant Sharma admits in his testimony

that conditions of services of members of union are

governed by office memorandum Ex.WW1/M2. When

scanned, Ex.WW1/M2 makes it clear that departmentalized

workers were entitled to 12 days casual leave in a calendar

year. No casual leave is admissible to worker of direct

payment system. Same is the case with a worker of no

work no pay system. However, Ex.MW1/W3 highlights

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6917

that a worker of no work no pay system was eligible for

paid wages for three national holidays falling on August

15, January 26 and October 2 provided that he had worked

immediately before and after such national holidays.

30. There has been an agitation as to whether

certified standing orders are applicable to employees,

other than the category of departmentalized labour. The

Corporation tried to project that they were dealt under

model standing orders. The evidence, so adduced, was

assailed by the union. Documents Ex.MW1/W2 brought

over the record by the union to present that workers of

direct payment system were dealt by the Corporation under

certified standing orders. Affidavits of Shri Ashok Kumar

and Shri Shrawan Kumar are placed over the record by the

Corporation, which documents bring it to light that in the

matter of disciplinary actions, workers of direct payment

system are dealt with in accordance with the provisions of

model standing orders by the Corporation. These affidavits

make it apparent that in Ex.MW1/W2 it was mentioned

due to inadvertence that certified standing orders were

applicable to the workers of direct payment system. Hence,

Ex.MW1/W2 nowhere espouse the cause of the union.

31. Circular Ex.WW2/M2 was issued by Ministry of

Personnel, Public Grievances and Pensions, Department

of Personnel and Training, Government of India, New Delhi

on 14.01.1998. In the said circular, Government has decided

to reduce entitlement of casual leaves with effect from

01.01.1999 from existing 12 days to 8 days in a calendar

year. Shri Hari Kant Sharma could not dispute existence

of the said circular. Pursuant to the said circular, the

Corporation issued circular 2 of 1998 dated 08.12.1998 on

the strength of which casual leaves available to an

employee were reduced from 12 to 8 days in a calendar

year for the departmentalized workers. Shri Mehboob

Alam also could not dispute issuance of the said circular,

which has been proved as Ex.WW1/M8. For sake of

convenience, contents of the said circular are extracted

thus:

‘On the demands of the FCI Workers Union, the

casual leave as well as other kinds of leave to the

departmental workers were revised in terms of the

Memorandum of Settlement signed on 01.11.1994 between

FCI management and the representatives of FCI Workers

Union revising casual leave from 7 days in a calendar year

to 12 days with effect from 01.11.1994 at par with employees.

Accordingly, circular under reference No.IR(L)/4(15)/94

dated 16.11.1994 has been issued revising various kinds

of leave of the departmental workers. Recently, the

reduction of casual leaves from 12 to 8 in a calendar year

has been ordered to be implemented in respect of

employees. Accordingly, the casual leave stands revised

from 12 to 8 days in a calendar year for the departmental

worker also with immediate effect. This may also be

brought to the notice of all concerned.”

32. As noted above, 12 casual leaves available to

departmentalized labour under standing orders, proved

as Ex.WW1/1, were reduced to 8 days by the Corporation

on the strength of office memorandum Ex.WW1/M8. It

may be a case of modification of certified standing orders

Ex.WW1/1, in violation of provisions of section 10 of

the Standing Orders Act. Such a situation may attract

penalty specified under section 13 of the said Act. Except

penalty referred above, Standing Orders Act nowhere

makes provision to nullify modification of the standing

orders. When provisions in the certified standing orders,

as to admissibility of casual leaves in a calendar year,

stood modified, the case of the union to claim parity for

12 days leaves in the matter of casual leaves for workers

other than departmentalized labours goes off the track.

33. In view of reduction of casual leaves available

to departmentalized labour from 12 days to 8 days in a

calendar year, the union cannot seek 12 days casual leaves

in a calendar year for workers of direct payment system

and no work no pay system as per provisions of certified

standing orders proved as Ex.WW1/1. When

departmentalized workers can avail 8 days casual leave

in a calendar year, it does not lie in the mouth of the

union to assert that workers of direct payment system

and no work no pay system are entitled for 12 days casual

leave. In view of these reasons, I find no substance in

the claim made by the union. The same is accordingly

brushed aside. An award is passed in favour of the

Corporation and against the union. It be sent to the

appropriate Government for publication.

Dr. R. K. YADAV, Presiding Officer

Dated: 06.06.2014

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2780-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj lc fnfo'kuy

viQlj (iQksUl) vtesj 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;] t;iqj ds

iapkV (lanHkZ la- lhvkbZVh 54@1991) dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 17-10-2014 dks izkIr gqvk FkkA

¹la- ,y&40011@03@1991&vkbZvkj (Mh;w)º

ih- ds- os.kqxksiky] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O. 2780.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. CIT

6918

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

54/1991) of the Cent. Govt. Indus. Tribunal-cum-Labour

Court, Jaipur now as shown in the Annexure, in the

Industrial Dispute between the employers in relation to

the management of Sub-Divisional Officer (Phones) Ajmer,

and their workmen, which was received by the Central

Government on 17.10.2014.

[No. L-40011/03/1991-IR (DU)]

P. K. VENUGOPAL, Section Officer

vuqca/k

dsUnzh; vkS|ksfxd U;k;kf/kdj.k] t;iqj

dsl ua0 lh-vkbZ-Vh- 54@1991

jSQjSal % dsUnz ljdkj] Je ea=ky;] ubZ fnYyh dk vkns’k

dzekad ,y&40011@3@91&vkbZ-vkj-¼Mh-;w-½ fnukad 27-09-1991

Jh cq)k flag o vU; }kjk okbZl izslhMsaV]

ch-,e-,l- 17@161] iqjkuh e.Mh] vtesjA

&&izkFkhZ

cuke

lofMohtuy vkfQlj ¼QksUl½ vtesjA

&& vizkFkhZ

mifLFkr

ihVklhu vf/kdkjh% Jh gseUr dqekj tSu+] vkj-,p-ts-,l-

izkFkhZ dh vksj ls

%

Jh tqxyfd’kksj vxzoky

vizkFkhZ dh vksj ls

%

Jh czg~ekuUn lkanw

fnukad vokMZ % 22-09-2014

la’kksf/kr vokMZ

1-

Hkkjr ljdkj ds Je ea=ky; dh vkKk dzekad

,y&40011@3@91& vkbZ-vkj-¼Mh-;w-½ fnukad 27-09-1991 ls

fuEu vuqlwph dk fookn “Whether the action of Sub-

Divisional Officer (Phones) Ajmer in terminating the

services of workmen listed at annexure ‘A’ w.e.f. 1-6-88 is

Justified? If not, what relief the concerned workmen are

entitled to and from the date” vf/kfu.kZ; gsrq bl vfèkdj.k

dks izkIr gqvk gSA

2-

izkFkhZ Jfed dh vksj ls LVsVeSaV vkWQ Dyse is’k dj

dFku fd;k fd fookn ls lacaf/kr Jfedx.k loZJh cq)k flag]

xksiky] Jo.kflag] ckcw eksgEen] vuoj gqlSu] c[rkoj] ukjkflag]

mLeku vyh ,oa 'kdwj eksgEen vizkFkhZ ds ;gka dStqvy Jfedksa

ds :i esa dk;Zjr FksA ;wfu;u dk dFku gS fd foi{kh laLFkku

us bu Jfedksa dks o"kZ 1985] 1986] 1987 ,oa ebZ 1988 dh vof/k

esa dk;Z ij j[kk Fkk rFkk lHkh us ,d o"kZ esa 240 fnu ls vf/kd

dh lsok;sa iw.kZ dj yh FkhA izkFkhZ ;wfu;u dk vfHkdFku gS fd

foi{kh }kjk fnukad 30-04-88 dks Jfedx.k dks ,d uksfVl fn;k

x;k ftlesa ;g vafdr Fkk fd ,d ekg ckn mudh lsok;sa lekIr

dj nh tk;saxhA ;wfu;u dk dFku gS fd mijksDr vof/k esa lHkh

Jfedx.k us 240 fnu ls vf/kd dk;Z fd;k gSA mudk dFku gS

fd cq)k flag us 368 fnu] xksiky us 873 fnu] Jo.k flag us 727

fnu] ckcw us 911 fnu] vuoj gqlSu us 387 fnu] c[rkoj flag

us 692 fnu] 'kdwj eksgEen us 692 fnu] jkeyky dqEgkj us

1142 fnu] ukjkflag us 964 fnu foi{kh laLFkku esa dk;Z fd;k

gSA ;wfu;u dk dFku gS fd Jfedx.k mDr uksfVl fnukad 30-

04-81 ls vk’p;Zpfdr gq;s ftlesa ;g vafdr fd;k x;k Fkk fd

mudh lsok;sa 01-06-88 ls lekIr dj nh tk;saxh] D;ksafd dscy

dk;Z lekIr gks x;k gSA ;wfu;u dk dFku gS fd mijksDr

Jfedx.k ls dfu"B Jfedksa dks lsok esa j[kk x;kA ;wfu;u dk

;g Hkh dFku gS fd dqN Jfedx.k us mijksDr uksfVl dks

ekuuh; loksZPp U;k;ky; esa pqukSrh nh vkSj LFkxu vkns’k izkIr

dj fy;k] ftldh izfr i=koyh ij is’k gSA ;wfu;u dk dFku

gS fd mijksDr uksfVl iwjh rjg vkS|ksfxd fookn vf/kfu;e

1947 dh /kkjk 25 ,Q ¼,]ch]lh½ ds fo:) gSA mudk dFku gS

fd ,sls uksfVlst ds tfj;s Jfed dh lsok;sa lekIr ugha dh tk

ldrh Fkh D;ksfd Jfedx.k us ,d dys.Mj o"kZ esa 240 fnol

ls vf/kd dh lsok foi{kh ds ;gka iw.kZ dj yh FkhA mudk ;g

Hkh dFku gS fd ekuuh; loksZPp U;k;ky; }kjk ih ,.M Vh

foHkkx dks nSfud osru Hkksxh ,oa vkdfLed Jfedksa ds laca/k esa

funsZf’kr fd;k x;k Fkk fd foHkkx ,sls deZpkfj;ksa dks lek;ksftr

djus dh ikWfylh rS;kj djsA ;wfu;u dk ;g Hkh dFku gS fd bl

izdkj Jfedx.k dks lsokeqDr fd;k tkuk Hkkjrh; lafo/kku ds

vkVhZdy 10]16 o 21 dh mYya?kuk gSA lHkh Jfedx.k xjhc

ifjokjksa ls gSa] vr% fnukad 30-04-88 }kjk fn;s x;s uksfVlst dks

[kkfjt dj Jfedx.k dks iqu% lsok esa fy;k tkdj mUgsa

fu;fer fd;k tkos rFkk leLr ykHk fnyk;sa tkosaA

3-

vizkFkhZ dh vksj ls LVsVesaV vkWQ Dyse dk tokc is’k dj

dFku fd;k fd Jfedx.k ,d Lisf’kfQd dk;Z dscy [kqnkbZ ds

vLFkk;h dk;Z ds fy;s eLVjksy ij dStqvy Jfed ds :i esa

j[ks x;s Fks] ftUgsa dk;Z iwjk gks tkus ij ,d eghus dk uksfVl

nsrs gq;s gVk fn;k x;kA 9 Jfedksa esa ls dsoy xksiky }kjk gh

vizsy 85 ls ekpZ 88 rd yxkrkj rhu o"kZ rd dk;Z fd;k x;k

gSA dsoy Jfed xksiky ds }kjk gh foRrh; o"kZ 1985&86]

86&87] 87&88 esa ,d o"kZ esa 240 fnu rFkk vk/ks o"kZ esa 120 fnu

fd;k x;k gSA vU; fdlh Hkh Jfed }kjk yxkrkj rhu o"kksZa rd

dk;Z ugha fd;k x;k gS vkSj u gh foRrh; o"kZ 1985&86] 86&87]

87&88 esa ,d o"kZ esa 240 fnu rFkk vk/ks o"kZ esa 120 fnu fd;k

x;k gSA dscy [kqnkbZ dk dk;Z iw.kZ gksus ij Jfedksa dks ,d ekg

dk uksfVl fnukad 30-04-88 fn;k x;k FkkA Jfedksa dk dk;Z

iw.kZ:is.k vLFkk;h izd`fr dk FkkA dscy [kqnkbZ dk dk;Z iw.kZ gksus

ij dk;Z ugha gksus ds dkj.k foHkkx ds ikl vU; bl izd`fr dk

dk;Z ugha gksus rFkk budh foHkkx esa vko’;drk ugha gksus ls

Jfedksa dks gVk fn;k x;kA vr% izkFkhZx.k dk Dyse [kkfjt fd;k

tkosA

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6919

4-

lk{; izkFkhZ esa Jfedx.k loZJh xksiky] Jo.kflag] ckcw

eksgEen] vuoj gqlSu] c[rkoj] ukjkflag] mLeku vyh ,oa

'kdwj eksgEen ds 'kiFk i= is’k gq;s gSa] ftlls vizkFkhZ izfrfuf/k

}kjk ftjg dh x;hA vizkFkhZ dh vksj ls Jh izeksn 'kadj ekFkqj

dk 'kiFk i= is’k gqvk gS] ftlls izkFkhZ izfrfufèk }kjk ftjg dh

x;h gSA

5-

izdj.k esa Jfed Jh vuoj gqlSu dh e`R;q gks tkus ds

dkj.k mlds mRrjkf/kdkjh fdyk o vU; dks U;k;kf/kdj.k ds

vkns’k fnukad 25-08-11 }kjk i{kdkj cuk;k x;kA

6-

mHk; i{kksa dh cgl lquh x;hA izkFkhZ izfrfuf/k }kjk

fyf[kr cgl is’k dh x;hA i=koyh dk voyksdu fd;k x;kA

7-

izkFkhZ ds fo}ku izfrfuf/k dk dFku gS fd lHkh Jfedksa }kjk

o"kZ 1985 ls ysdj ebZ 1988 rd yxkrkj fcuk fdlh O;o/kku

ds viuh lsok;sa vizkFkhZ foHkkx dks nh gSaA lHkh Jfedksa }kjk

izfro"kZ 240 fnol ls vf/kd dke fd;k x;k gSA lHkh Jfedksa dks

fnukad 30-04-88 dks ,d gh lkbDyksLVkby esa uksfVl fnukad

30-04-88 fn;k x;k gSA Jfedkas dks lsok ls gVkrs le; dksbZ

NaVuh eqvkotk ugha fn;k x;k vkSj dsUnz ljdkj dks Hkh Jfedksa

dks gVkus ds laca/k esa lwpuk ugha nh x;hA foHkkx }kjk vkS|ksfxd

fookn vf/kfu;e 1947 dh /kkjk 25 ,Q dh ikyuk ugha dh x;hA

vizkFkhZ }kjk 19 o"kZ ckn Dyse dk tokc is’k fd;k x;k gSA

vizkFkhZ }kjk fn;s x;s tokc esa ;g dgha ugha dgk gS fd Jfedksa

}kjk 240 fnol dke ugha djds brus fnu dke fd;k x;k gSA

ftjg esa vizkFkhZ us ;g rd ugha iwNk gS fd lsokeqfDr ls igys

,d o"kZ esa fdrus fnu dke fd;k FkkA izn’kZ McY;w 13 vizkFkhZ

}kjk 278 fnu dke djus dk izek.k i= gSA lHkh Jfedksa }kjk

240 fnol ls vf/kd dke fd;k x;k gSA xokg izeksn 'kadj

ekFkqj us ftjg esa Lohdkj fd;k gS fd ukS Jfedksa dks tks uksfVl

foHkkx ds }kjk fn;k x;k Fkk og vkS-fo- vf/k- dh /kkjk 25 ,Q

dh ikyuk esa fn;k x;k FkkA Jfedx.kksa dh /kkjk 25,Q] th] ,p

ds izko/kkuksa ds foijhr lsokeqfDr dh x;h gSA vr% lHkh Jfedksa

dks fiNys leLr osru o lsokykHkksa ds lkFk iqu% lsok esa cgky

fd;k tkosA izkFkhZ izfrfuf/k }kjk vius rdksZa ds leFkZu esa fuEu

U;kf;d n`"Vkar is’k fd;s x;s gSa %&

1-

, vkbZ vkj 2010 ,l lh 1236 fQ’kjht VfeZuy fMohtu

cuke Hkh[kwckbZ es?kkHkkbZ NkonkA

2-

1984¼48½ ,Q ,y vkj 310 xEeu bafM;k fy- cuke

fujatu nkl ¼,l-lh-½

3-

1995¼2½ ,l ,y vkj 64 cythr flag cuke LVsV vkWQ

gfj;k.kkA

4-

, vkbZ vkj 1979 ,l lh 75 fganqLrku fVu odZlZ cuke

JfedA

5-

1999 , vkbZ vkj ,l lh MoY;w 892 ,p,lbZch cuke

lqjs’kA

6-

, vkbZ vkj 2010 ,l lh 1116 gjftanj flag cuke iatkc

LVsV os;jgkmflax dk0A

7-

2012¼135½ ,Q ,y vkj 613 lh lw;kZdqekjh cuke

lhthvkbZVh de yscj dksVZA

8-

1979¼3½ ,l ,y vkj 223 gfj iSysl cuke ih-vks-

9-

1995¼70½ ,Q ,y vkj 463 LVsV vkWQ jkt0 cuke yscj

dksVZ

10-

2001¼1½ ,y ,y ,u 802 eSMhdy ,tqds’ku cuke oh-

ds- 'kekZ

11-

2004¼103½ ,Q ,y vkj 102 fuDl bafM;k Vwy cuke

jke lwjr ¼,l-lh-½

12-

2009 ,l lh 2205 ih oh ds fMfLVyjh fy0 cuke egsUnz

jkeA

13-

2001 ysc vkbZ lh 646 fodzekfnR; ikaMs cuke b.MfLVª;y

fVªC;quyA

14-

, vkbZ vkj 2010 ,l lh 397 eS0 fjrq ekcZYl cuke

izHkkdkar 'kqDykA

15-

, vkbZ vkj 2010 ,l lh 402 LVsV vkWQ ;w-ih- cuke

desVh vkWQ eSustesaVA

16-

2010 , vkbZ vkj ,l lh MoY;w 50 fnyhi flag cuke

LVsV vkWQ ;wih

17-

2013 ysc vkbZ lh 1048 fcfyeksjk uxjikfydk cuke

tklqosu tloarHkkbZ

lksyadhA

18-

¼2012½ 1 ,l lh lh 285 ,p ,l jkt’ks[kj cuke LVsV

cSad vkWQ eSlwjA

19-

, vkbZ vkj 1976 ,l lh 1111 LVsV cSad cuke ,u-,l-

euhA

20-

¼1982½ 1 ,l lh lh 645 jkWcVZ fMlwtk cuke ,DthD;wfVo

bathfu;jA

8-

vizkFkhZ ds fo}ku izfrfuf/k dk dFku gS fd Jfedksa dh

fu;qfDr dscy [kqnkbZ ds vLFkk;h izd`fr ds dke ds fy;s gq;h

FkhA vLFkk;h izd`fr dk dk;Z iw.kZ gksus ij Jfedksa dks gVk fn;k

x;kA Jfed xksiky ds vykok fdlh Hkh O;fDr us 240 fnol

ls vf/kd dke ugha fd;k gSA lHkh Jfedksa dks ,d ekg dk

uksfVl fn;k x;k gSA lHkh Jfed fiNys 20 o"kksZa ls dgha u dgha

6920

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

dk;Zjr jgs gSaA Jfedx.kksa dh fu;fer fu;qfDr ugha gSA o"kZ

1988 ds ckn dscy [kqnkbZ dk dk;Z can gks pqdk gSA ;g vc

Bsdsnkjksa ds ekQZr fd;k tkrk gSA vizkFkhZ foHkkx }kjk 7 o"kZ ls

vf/kd dk;Z djus okys Jfedksa dh ofj"Brk lwph cuk;h x;h gSA

Jfedx.k ij vkS|ksfxd fookn vf/kfu;e 1947 ds izko/kku ykxw

ugha gksrs gSaA vr% Dyse [kkfjt fd;k tkosA vizkFkhZ ds fo}ku

vf/koDrk }kjk vius rdksZa ds leFkZu esa fuEu U;kf;d n`"Vkar

is’k fd;s x;s gSa %&

01- flfoy vihy la[;k 3595&3612@99 lfpo] LVsV

vkWQ dukZVdk o vU; cuke mek nsoh o vU; dk fu.kZ;

fnukad 10-04-2006

9-

mHk; i{kksa dh cgl lquh x;h rFkk mHk; i{k dh vksj ls

izLrqr U;kf;d n`"Vkarksa dk ckjhdh ls v|ksikar fouezrkiwoZd

voyksdu fd;k x;kA

10-

i=koyh ds voyksdu ls izdV gksrk gS fd izdj.k esa

fnukad 15-11-91 dks uks fMLiqV vokMZ ikfjr fd;k x;k gSA

fnukad 25-03-92 dks izdj.k dks iqu% jsLVksj fd;k x;kA fnukad

11-01-94 ds vkns’k }kjk vizkFkhZ }kjk dh x;h izkjfEHkd vkifRr;k¡

[kkfjt dh x;h gSaA ekuuh; mPp U;k;ky; }kjk Mh-ch- Lis’ky

vihy la[;k 82@95 esa vkns’k fnukad 17-01-03 }kjk izdj.k esa

iqu% lquokbZ dj dkuwu ds vuqlkj fu.kZ; fn;s tkus ds vkns’k

fn;s x;s gSaA U;k;kf/kdj.k }kjk vkns’k fnukad 11-12-03 dks

vizkFkhZ ds fo:) ,di{kh; vokMZ ikfjr fd;k x;kA

U;k;kf/kdj.k ds vkns’k fnukad 16-05-07 }kjk ,di{kh; vkns’k

fnukad 11-12-03 dks fujLr fd;k x;kA

11-

izkFkhZx.k loZJh xksiky] Jo.kflag] ckcw eksgEen] vuoj

gqlSu] c[rkoj] ukjkflag] mLeku vyh ,oa 'kdwj eksgEen us

vius Dyse ds leFkZu esa vius 'kiFk i= izLrqr fd;s gSa] ftlesa

lHkh Jfedx.k us vius Dyse ds of.kZr rF;ksa dks nksgjkrs gq;s

vfHkdFku fd;k gS fd Jfedx.k ftl dk;Z dks lEikfnr dj jgs

Fks] og LFkkbZ izd`fr dk gS vkSj tc rd foi{kh laLFkku vfLrRo

esa gS] rc rd og dk;Z pyus okyk gSA mudk ;g Hkh 'kiFk i=ksa

esa vfHkdFku gS fd mUgsa dk;Z djrs yxHkx 4 o"kZ gks x;s Fks] vr%

mUgksaus vizkFkhZ ls fu;fer djus dh ekax dh] blh dkj.k vizkFkhZ

us dk;Z gksrs gq;s Hkh vuqfpr Je uhfr viukrs gq;s o 'kks"k.k dh

uhfr viukrs gq;s lsok ls i`Fkd dj fn;k x;kA Jfedx.k dks

lsoki`Fkd djus ls iwoZ vf/kfu;e dh /kkjk 25 ,Q] th] ,p ds

izko/kkuksa dh ikyuk ugha dh x;h vkSj u gh fu;e 77 ,oa 78

dh ikyuk dh x;hA Jfedx.kksa dks gVkdj u;s Jfedksa dks

laLFkku esa dk;Z ij yxk;k gS o Jfedx.k dks lsoki`Fkd djrs

le; muls dfu"B O;fDr ml le; laLFkku esa dke dj jgs

FksA lHkh Jfedx.k us izR;sd o"kZ esa 240 fnol ls vf/kd lsok;sa

iw.kZ dh gS] vr% leLr ykHk o fiNys leLr osru lfgr lsok

esa cgky fd;k tkosA ftjg esa lHkh Jfedx.kksa us vizkFkhZ foHkkx

esa dscy [kqnkbZ dk dk;Z fd;k tkuk crk;k gS rFkk o"kZ 1984

ls 1988 ds chp dh vof/k esa vizkFkhZ laLFkku esa dke djuk

crk;k gSA

12-

vizkFkhZ dh vksj ls izLrqr xokg Jh izeksn 'kadj ekFkqj us

viuh lk{; ds eq[; ijh{k.k esa dFku fd;k gS fd foHkkxh;

fjdkMZ ds vuqlkj eq>s rF;ksa dh tkudkjh gSA okn izLrqr djus

ls iwoZ foHkkx dks dksbZ uksfVl ugha fn;k x;kA lHkh Jfed dsoy

vLFkkbZ izd`fr ds dk;Z ds fy;s eLVjksy ij j[ks FksA dk;Z iw.kZ

gks tkus ij foHkkx ds ikl vU; dksbZ dk;Z ugha gksus ij foHkkx

dks budh dksbZ vko’;drk ugha FkhA lHkh Jfedksa dks uksfVl

nsdj gVk;k x;k gSA Jfed xksiky ds vfrfjDr fdlh Jfed

us ,d o"kZ esa 240 fnol dk;Z ugha fd;kA ftjg esa xokg us

Lohdkj fd;k gS fd Jfedksa dks 25 ,Q dh ikyuk esa uksfVl fn;s

x;s FksA Jfedksa dks vLFkk;h :i ls dsfcy dk;Z ds fy;s

eLVjksy ij fu;qDr fd;k x;k FkkA xokg us ftjg esa vkxs dgk

gS fd ftu Jfedksa us 7 o"kZ dh lsok iwjh dj yh rFkk 240 fnol

ls vf/kd dk;Z fd;k gks] mUgsa ;ksX; ekurs gq;s ofj"Brk lwph

cuk;h FkhA bu ukS Jfedksa dh ;ksX;rk iwjh ugha FkhA dsfcy

[kksnus dk dk;Z fu;fer izd`fr dk ugha gSA vc ;g dke

Bsdsnkjksa ds ekQZr djk;k tkrk gSA

13-

lHkh Jfedx.k }kjk izLrqr 'kiFk i=ksa esa Jfedx.k }kjk

vizkFkhZ laLFkku esa 240 fnol ls vf/kd dk;Z djuk crk;k gSA

vizkFkhZ }kjk Jfed xksiky ds vfrfjDr vU; fdlh Hkh Jfed

us 240 fnol dke ugha djuk crk;k gSA esjs fouez er esa

fu;kstd dk ;g mRrjnkf;Ro gS fd og ;g bl rF; dks lkfcr

djs fd fdl Jfed }kjk fdruh vof/k rd dke fd;k x;kA

vizkFkhZ izfrfuf/k }kjk bl laca/k esa ekSf[kd ,oa nLrkosth lk{;

ds :i esa ,slh dksbZ lk{; is’k ugha dh gS fd lacaf/kr Jfed us

,d o"kZ esa 240 fnol dke ugha fd;k gksA vizkFkhZ izfrfuf/k }kjk

dsoy Jfed xksiky ds }kjk gh ,d o"kZ esa 240 fnol dke

fd;k tkuk Lohdkj fd;k x;k gS] tcfd lHkh ukS Jfedksa dks ,d

gh lkbDyksLVkby esa fnukad 30-04-88 dks uksfVl tkjh fd;k

x;k gSA vizkFkhZ dh vksj ls izLrqr xokg Jh izeksn’kadj ekFkqj us

Hkh viuh lk{; esa Jfedksa dks 25 ,Q dh ikyuk esa gh uksfVl

fn;k tkuk Lohdkj fd;k gSA esjs fouez er esa ;fn lHkh Jfedksa

}kjk 240 fnol dk;Z iw.kZ ugha fd;k x;k Fkk] rks lHkh Jfedksa

dks fnukad 30-04-88 dks 25 ,Q dh ikyuk esa uksfVl D;ksa tkjh

fd;k x;k\ bl laca/k esa vizkFkhZ dh vksj ls dksbZ lk{; is’k ugha

dh gSA vizkFkhZ foHkkx }kjk vkS|ksfxd fookn vf/kfu;e 1947 dh

/kkjk 25 ,Q dh ikyuk esa Jfedksa dks dksbZ NaVuh eqvkotk ugha

fn;k x;k vkSj u gh bl laca/k esa dsUnz ljdkj dks dksbZ lwpuk

Hksth x;hA vr% vizkFkhZ foHkkx }kjk vkS|ksfxd fookn vf/kfu;e

1947 dh /kkjk 25 ,Q dh ikyuk vizkFkhZ foHkkx }kjk ugha fd;k

tkuk izdV gksrk gSA

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6921

14-

ekuuh; loksZPp U;k;ky; }kjk U;kf;d n`"Vkar 2010¼III½

Mh-,u-ts- ¼,l-lh-½ 1019 lhfu;j lqizhVsaMsaV VsyhxzkQ ¼VªsfQd½

cuke larks"k dqekj rFkk ,l-ch- lh-MoY;w- uacj 281@2012

fd’ku o vU; cuke tt yscj dksVZ la[;k 02 esa fu.kZ; fnukad

08-01-2012 esa ekuuh; mPp U;k;ky; }kjk vfHkfu/kkZfjr fd;k

x;k gS fd bl rjg ds nSfud osru Hkksxh Jfedx.k ftUgksaus

1&2 o"kZ gh dk;Z fd;k gks rks mudks lsok esa okfil fy;s tkus

dk vkns’k rFkk cdk;k osru HkRrksa ds fnyk;s tkus ds vkns’k dks

mfpr ugha ekuk gS] cfYd ,sls ekeyksa esa Jfedx.kksa dks ,deq’r

{kfriwfrZ dh jkf’k fn;k tkuk mfpr ekuk gSA ekuuh; loksZPp

U;k;ky; rFkk ekuuh; mPp U;k;ky; ds uohure fu"d"kksZa dks

en~nsutj j[krs gq;s bu Jfedx.kksa dks fiNyk osru ,oa vU;

lHkh ykHk fn;k tkuk rFkk lsok esa iqu% fu;ksftr djuk mfpr

ugha le>rk gw¡A mDr nksuksa U;kf;d n`"Vkarksa ds izdk’k esa izR;sd

[email protected] dks ipkl&ipkl gtkj :i;s {kfriwfrZ

jkf’k ds :i esa fn;s tkus ls U;k; ds m~ns’; dh iwfr gks tk;sxhA

2010¼III½ Mh-,u-ts- ¼,l-lh-½ 1019 lhfu;j lqizhVsaMsaV VsyhxzkQ

¼VªsfQd½ cuke larks”k dqekj ds iSjk la[;k 08 esa bl ckjs esa

egRoiw.kZ fn’kk&funsZ’k iznku djrk gSA blh rjg ,l-ch- lh-

MoY;w- uacj 281@2012 fd’ku o vU; cuke tt yscj dksVZ

la[;k 02 esa fu.kZ; fnukad 08-01-2012 ds vfUre nks iSjkxzkQ

esa Hkh bl ckjs esa ekxZn’kZu iznku djrs gSaA fygktk bu uohure

U;kf;d n`"Vkarksa esa iznku fd;s x;s fn’kk&funsZ’kksa ds eqrkfcd

izR;sd Jfed dks dsoy ipkl&ipkl gtkj :i;s {kfriwfrZ

jkf’k vnk dj nsus ls U;k; ds mn~ns’; dh iwfrZ gks tk;sxhA

15-

izkFkhZ izfrfuf/k dh vksj ls izLrqr U;kf;d n`"Vkarksa dk eSaus

ckjhdh ls v/;ksikar fouezrkiwoZd voyksdu fd;kA izkFkhZ

izfrfuf/k }kjk U;kf;d n`"Vkar izLrqr dj Jfedx.k dks iqu% lsok

esa fy;s tkus rFkk fiNys leLr osru ,oa vU; lHkh ykHk fnyk;s

tkus dh izkFkZuk dh gSA bl laca/k esa izkFkhZ izfrfuf/k }kjk izLrqr

n`"Vkarksa ds rF; ,oa ifjfLFkfr;kWa gLrxr izdj.k ds rF;ksa ,oa

ifjfLFkfr;ksa ls Hkkjh fHkUurk j[krs gSa] vr% mDr lHkh U;kf;d

n`"Vkar [email protected] ds dsl esa ykxw ugha gksrs gSaA

16-

mijksDr foospu ds QyLo:i izdj.k esa fuEu vokMZ

ikfjr fd;k tkrk gS %&

vokMZ

Jfedx.k loZJh cq)k flag] xksiky] Jo.kflag] ckcw eksgEen]

vuoj gqlSu] c[rkoj] ukjkflag] mLeku vyh ,oa 'kdwj eksgEen

dqy 9 Jfedksa dh lsokeqfDr fu;kstd }kjk vkS|ksfxd fookn

vf/kfu;e ds izko/kkuksa dh ikyuk fd;s fcuk djuk mfpr o oS|

ugha gSA pwWafd Jfedx.kksa dh lsokeqfDr ls iwoZ foi{kh fu;kstd

}kjk vkS|ksfxd fookn vf/kfu;e 1947 ds dqN izko/kkuksa dh

ikyuk ugha dh x;h gS] vr% Jfedx.k ,deq’r {kfriwfrZ jkf’k

izkIr djus ds vf/kdkjh gSaA Jfed cq)k flag us 'kiFk i= is’k

dj vius dsl dks izekf.kr ugha fd;k gSA vr% Jfed cq)k flag

ds vfrfjDr vU; lHkh Jfedx.kkasa esa ls izR;sd Jfedx.k dks

ipkl&ipkl gtkj :i;s {kfriwfrZ jkf’k ds :i esa fnyk;s tkrs

gSaA ekuuh; mPp U;k;ky; ds vkns’k fnukad 17-01-03 ,oa

U;k;kf/kdj.k ds ,di{kh; vkns’k fnukad 11-12-03 ds ckn

vizkFkhZ }kjk fnukad 14-06-04 dks iqu% jsLVksjs’ku gsrq izkFkZuk i=

is’k fd;k x;k gSA vr% Jfedx.k dks fnukad 14-06-04 ls

ipkl&ipkl gtkj #i;s ,deq’r {kfriwfrZ jkf’k ds :i esa

fnyk;s tkrs gSaA foi{kh laLFkku izkFkhZ Jfed cq)k flag ds

vfrfjDr vU; lHkh Jfedx.k dks fnukad 14-06-04 ls {kfriwfrZ

jkf’k Hkqxrku djus dh fnukad rd 6 izfr’kr dh nj ls C;kt

Hkh vnk djsxkA pwWafd Jfed vuoj gqlSu dh e`R;q gks pqdh gS]

vr% mlds okfjlku mDr {kfriwfrZ jkf’k e; C;kt izkIr djus

ds vf/kdkjh gSaA

17-

la’kksf/kr vokMZ vkt fnukad 22-09-2014 dks [kqys U;k;ky;

esa fy[kk;k tkdj lquk;k x;k tks dsUnz ljdkj dks izdk’kukFkZ

fu;ekuqlkj Hkstk tkosA

gseUr dqekj tSu] U;k;k/kh’k

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2781-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj tokgj uoksn;

fo|ky;] pq: 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;] t;iqj ds iapkV (lanHkZ la-

lhvkbZVh 51@1995) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks

17-10-2014 dks izkIr gqvk FkkA

¹la- ,y&42012@98@1995&vkbZvkj (Mh;w)º

ih- ds- os.kqxksiky] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O. 2781.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Case No. CIT

51/1995) of the Cent. Govt. Indus. Tribunal-cum-Labour

Court, Jaipur as shown in the Annexure, in the Industrial

Dispute between the employers in relation to the

management of the Jawahar Navodaya Vidyalaya, Churu,

and their workmen, which was received by the Central

Government on 17.10.2014.

[No. L-42012/98/1995-IR (DU)]

P. K. VENUGOPAL, Section Officer

6922

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

vuqca/k

dsUnzh; vkS|ksfxd U;k;kf/kdj.k] t;iqj

dsl ua0 lh-vkbZ-Vh- 51@1995

jSQjSal % dsUnz ljdkj] Je ea=ky;] ubZ fnYyh dk vkns’k

dzekad ,y&42012@98@95& vkbZ-vkj-¼Mh;w½ fnukad

20-07-1995

xq:nkl mik/;k; iq= Jh lR;ukjk;.k mik/;k;]

ea=h ekxZ] pw:A

&& izkFkhZ

cuke

1- fizafliy] dsUnzh; fo|ky;] pw:A

2- dfe’uj] dsUnzh; fo|ky; laxBu]

18 bULVhV~;w’kuy ,fj;k] 'kghn

thr flag ekax] U;w nsgyhA

&& vizkFkhZx.k

mifLFkr

ihVklhu vf/kdkjh% Jh gseUr dqekj tSu+] vkj-,p-ts-,l-

izkFkhZ dh vksj ls

%

Jh vkj-lh- tSu

vizkFkhZ dh vksj ls

%

Jh gok flag

fnukad vokMZ % 20-06-2014

vokMZ

1-

Hkkjr ljdkj ds Je ea=ky; dh vkKk dzekad

,y&42012@98@95& vkbZ-vkj-¼Mh;w½ fnukad 20-07-1995 ,oa

la’kksf/kr fookn fnukad 10-10-95 ls fuEu vuqlwph dk fookn

“Whether the action of the management of Kendriya

vidhyalaya, Churu, Rajasthan in terminating the service

of Shri Guru Das Upadhyay S/o Shri Satyanarayan

Upadhyay w.e.f. 04.05.91 and again 20-05-95 is legal

and Justified? If not, to what relief the workmen is entitled

to? vf/kfu.kZ; gsrq bl vf/kdj.k dks izkIr gqvk gSA

2-

izkFkhZ Jfed dh vksj ls LVsVeSaV vkWQ Dyse is’k dj

dFku fd;k fd izkFkhZ dh fu;qfDr foi{kh la[;k 1 ds v/khu

fnukad 19-10-89 dks gq;h FkhA fnukad 02-06-90 dks izkFkhZ dks

lsokeqDr dj fn;k x;kA fnukad 18-06-90 dks izkFkhZ dks iqu%

fu;qfDr nh x;h vkSj 22-12-90 dks lsokeqDr dj fn;kA fQj

iqu% fnukad 02-02-91 dks fu;qfDr nh x;h vkSj fQj 04-05-91

dks lsokeqDr dj fn;kA izkFkhZ }kjk fnukad 19-10-89 ls

04-05-91 rd 536 fnu dk;Z fd;k x;kA izkFkhZ dh lsokeqfDr ds

fo:) ekuuh; mPp U;k;ky; esa fjV ;kfpdk is’k fd;s tkus

ij ekuuh; mPp U;k;ky; }kjk fnukad 15-05-91 dks ,d

vUrfje vkns’k ikfjr dj lsokeqfDr vkns’k ij LFkxu vkns’k

tkjh dj fn;kA fnukad 18-05-95 dks ekuuh; mPp U;k;ky;

}kjk ;g fu.kZ; fn;k x;k fd mDr fookn vkS|ksfxd

U;k;kf/kdj.k ds le{k mBkuk pkfg;sA fQj izkFkhZ dks iqu% fnukad

20-05-95 dks lsokeqDr dj fn;k x;kA izkFkhZ }kjk fnukad

20-05-95 rd foi{kh ds ;gkWa fujUrj dk;Z fd;k x;kA izkFkhZ }kjk

iwjh esgur ,oa bZekunkjh ds lkFk foi{kh laLFkku esa dke fd;k

x;k gSA izkFkhZ dks vdkj.k gh lsokeqDr dj fn;k x;kA izkFkhZ }kjk

fd;k x;k dk;Z LFkkbZ izd`fr dk FkkA izkFkhZ dks lsokeqDr djrs

le; u gh dksbZ uksfVl fn;k vkSj u gh dksbZ uksfVl is dk

Hkqxrku fd;k x;kA izkFkhZ dh lsokeqfDr ds le; mlls dfu"B

vusd Jfed dk;Zjr Fks rFkk izkFkhZ dh lsokeqfDr ds ckn Hkh u;s

Jfedksa dks HkrhZ fd;k x;k gSA foi{kh }kkjk vkS|ksfxd fookn

vf/kfu;e dh /kkjk 25 th ,oa 25 ,Q dh ikyuk ugha dh x;h

rFkk jkt0 vkS|ksfxd fookn fu;e 1958 ds fu;e 77 o 78 dh

ikyuk ugha dh x;hA izkFkhZ dks lsokeqDr fd;s tkus ls iwoZ dksbZ

vkjksi i= ugha fn;k x;k vksj u gh dksbZ tkap dh x;hA izkFkhZ

dk lsokeqfDr vkns’k fnukad 04-05-91 o fQj 20-05-95 vuqfpr

,oa voS/k gSA tks fujLr fd;s tkus ;ksX; gSA izkFkhZ dks iqu% lsok

esa cgky fd;k tkdj iqjkus leLr osru o vU; ykHk fnyk;s

tkosaA

3-

vizkFkhZx.k }kjk izkjfEHkd vkifRr djrs gq;s dFku fd;k

fd izkFkhZ }kjk izLrqr Dyse U;k;kf/kdj.k ds le{k iks"k.kh; ugha

gSA foi{kh fo|ky; m|ksx dh ifjHkk"kk esa ugha vkus ls izkFkhZ }kjk

mBk;k x;k fookn vkS|ksfxd fookn dh ifjHkk"kk esa ugha vkrk gSA

xq.kkoxq.k ij foi{kh dk dFku gS fd foi{kh fo|ky; dh LFkkiuk

fnukad 17-10-89 dks dh x;h Fkh rFkk rkRdkyhu vko’;drk dks

n`f"Vxr j[krs gq;s ,oa vkdfLed dk;Z dh miyC/krk ds dkj.k

izkFkhZ dks fnukad 19-10-89 ls va’kdkyhu fu;qfDr dfu"B fyfid

ds in ij iw.kZr;k va’kdkyhu ,oa ,d fuf’pr jkf’k 713@&:0

ewy osru dk 75 izfr’kr ij rFkk fdlh izdkj dk HkRrk ns; ugha

gksxk] dh 'krZ ij nh FkhA izkFkhZ dks ,d fu;fer p;u izfdz;k

ds rgr fu;qfDr ugha nh x;hA izkFkhZ dh fu;qfDr iw.kZr;k

vLFkk;h :i ls ,d fuf’pr vof/k ds fy;s gh dh x;h Fkh] tks

vof/k lekIr gksus ij mldh lsok;sa Lor% gh lekIr gks x;hA

foi{kh Ldwy esa d0fy0 dk ,d gh in gS] ftl ij Jh /kesUnz

dqekj dk LFkkukarj.k gksus ij fnukad 02-11-89 ls dk;ZHkkj

laHkkyk x;k gSA izkFkhZ dh fu;qfDr ,d fuf’pr vof/k ,oa

fuf’pr jkf’k ij gh dh x;h FkhA izkFkhZ dks lsokeqDr fd;s tkus

ls iwoZ dksbZ vkjksi i= ,oa tkap dh vko’;drk ugha FkhA izkFkhZ

ds fo:) dksbZ nqjkpj.k dk vkjksi ugha FkkA va’kdkyhu Jfed

ds fy;s uksfVl ,oa uksfVl is dh vko’;drk ugha gksrh gSA vr%

izkFkhZ dh lsokeqfDr mfpr ,oa oS/k gSA Dyse [kkfjt fd;s tkus

;ksX; gSA

4-

izkFkhZ dh vksj ls Lo;a izkFkhZ lk{; esa ijhf{kr gqvk gS vkSj

foi{kh dh vksj ls Jh Mh-ds- lSuh dk 'kiFk i= is’k gqvk gS]

ftlls izkFkhZ izfrfuf/k }kjk ftjg dh x;h gSA

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6923

5-

mHk; i{kksa dh cgl lquh x;hA i=koyh dk voyksdu

fd;k x;kA

6-

izkFkhZ ds fo}ku izfrfuf/k dk rdZ gS fd izkFkhZ dh fu;qfDr

19-10-89 dks DydZ de VkbfiLV ds in ij gq;h FkhA fnukad

02-06-90 dks izkFkhZ dks lsokeqDr dj fn;k x;kA fnukad 18-06-

90 dks izkFkhZ dks iqu% fu;qfDr nh x;h vkSj 22-12-90 dks lsokeqDr

dj fn;kA fQj iqu% fnukad 02-02-91 dks fu;qfDr nh x;h vkSj

fQj 04-05-91 dks lsokeqDr dj fn;kA mDr lsokeqfDr ds

fo:) ekuuh; mPp U;k;ky; esa fjV ;kfpdk is’k fd;s tkus

ij ekuuh; mPp U;k;ky; }kjk fnukad 15-05-91 dks ,d

vUrfje vkns’k ikfjr dj lsokeqfDr vkns’k ij LFkxu vkns’k

fn;k x;kA fnukad 18-05-95 dks ekuuh; mPp U;k;ky; }kjk

;g fu.kZ; fn;k x;k fd mDr fookn vkS|ksfxd U;k;kf/kdj.k ds

le{k mBkuk pkfg;sA fQj izkFkhZ dks iqu% fnukad 20-05-95 dks

lsokeqDr dj fn;k x;kA Je ,oa fu;kstu ea=ky; ds vkns’k

fnukad 10-10-95 }kjk jsQjsal esa la’kks/ku gqvk gSA izkFkhZ }kjk

fnukad 15-05-91 ls 20-05-95 rd foi{kh ds ;gkWa yxkrkj dke

fd;k x;k gSA izkFkhZ dks nksuksa ckj lsokeqDr djrs le; uksfVl]

,d ekg dk uksfVl is] NaVuh eqvkotk ugha fn;k x;kA izkFkhZ

}kjk dqy lk<sa ikap lky foi{kh ds ;gk¡ dke fd;k x;k gSA

foi{kh }kjk /kkjk 25 ,Q dh mYya?kuk dh gSA izkFkhZ Jfed ;fn

ikVZ Vkbe ij Fkk] rks ;g foi{kh dks fl) djuk FkkA Ldwy

m|ksx dh ifjHkk"kk esa vkrk gSA foi{kh ds xokg us ftjg esa

Lohdkj fd;k gS fd izkFkhZ dks lsokeqDr djrs le; uksfVl] ,d

ekg dk uksfVl is] NaVuh eqvkotk ugha fn;k x;kA mifLFkfr

iaftdk esa le; 7-20 ls 1-20 rFkk 9 ls 3 cts rd fn[kk;k gS

izkFkhZ dh ikVZ Vkbe@vLFkk;h fu;qfDr izfdz;k ds vuw:i FkhA

foi{kh }kjk fyf[kr cgl ds lkFk tks nLrkost is’k fd;s gSa] os

i<s ugha tk ldrs] D;ksafd os iznf’kZr ugha gSA izkFkhZ dks fQDlM

VeZ ij fu;qfDr ugha nh x;hA izkFkhZ Jfed }kjk 240 fnol ls

vf/kd dk;Z fd;k x;k gSA vr% izkFkhZ dk lsokeqfDr vkns’k

fujLr fd;s tkus ;ksX; gSA izkFkhZ izfrfuf/k }kjk vius rdksZa ds

leFkZu esa fuEu U;kf;d n`"Vkar is’k fd;s x;s gSa %&

1-

flfoy vihy la[;k 4883&4884@2014 Hkqous’k dqekj

f}osnh cuke eS0 fgUMkydks b.MLVªht fy0 fu.kZ; fnukad

25-04-14 ¼ekuuh; loksZPp U;k;ky;½

2-

2010 II ,y ,y ts 277 ¼,l-lh-½ gjftUnz flag cuke

iatkc LVsV os;jgkmflax dkjiksjs’kuA

3-

2008¼119½ ,Q ,y vkj 398 U;w bf.M;k ,’;ksjsal

daiuh fy- cuke ,- 'kadjkfyaxeA

4-

2012¼132½ ,Q ,y vkj 571 dku flag cuke fMfLVªDV

vk;qosZn vkfQlj o vU;A

5-

2012 MCY;w ,y lh ¼;w lh½ 663 vkjke lSuh cuke

lhthvkbZVhA

6-

2012 ¼134½ ,Q ,y vkj 832 Jherh ne;arh cuke

bUMfLVª;y fVªC;quy de yscj dksVZ] ikuhirA

7-

2010 ysc vkbZ lh 1039 jes’k dqekj cuke LVsV vkWQ

gfj;k.kkA

8-

2010¼125½ ,Q ,y vkj 187 ¼,l-lh-½ d`".k flag cuke

,p-,l-,-,e- cksMZ jksgrdA

9-

2010 ¼125½ ,Q ,y vkj 629 vuwi 'kekZ cuke ifCyd

gSYFk fMohtu uacj 1 ikuhir ¼,l-lh-½

10-

2003¼3½ vkj ,y MCY;w 1966 LVsV vkWQ jktLFku o vU;

cuke Jh egsUnz tks’kh o vU;A

11-

2011¼2½ MCY;w ,y lh 466 lqjs’k pUnz cuke uxj

ikfydk jktleanA

12-

2008¼118½ ,Q ,y vkj 950 ¼,l-lh-½ jkt0 yfyrdyk

,dsMeh cuke jk/ks’;keA

13-

1988 ¼57½ ,Q ,y vkj 462 ,-lqanjkEcy cuke xouZesaV

vkWQ xksok] nkeu ,.M fM;w oxSjgA

14-

2006¼109½ ,Q ,y vkj 1191 eSU;wyeksuh eSfVªdqys’ku

Ldwy pSUubZ cuke yscj dksVZ] pSUubZA

15-

2008¼2½ MoY;w ,y lh 727 fodkl vf/kdkjh iapk;r

lfefr lknqy’kgj cuke yscj dksVZ chdkusj o vU;A

7-

foi{kh ds fo}ku izfrfuf/k dk rdZ gS fd pw: esa u;k

dk;kZy; [kksys tkus ij ^^rkRdkfyd vko’;drk dh iwfrZ** ds

fy;s izkFkhZ dks ^ikVZ Vkbe fu;qfDr^** ,d fQDlM jkf’k 713@:0

ij nh x;h FkhA izkFkhZ dks iw.kZr;k vLFkk;h :i ls ,oa ,d

fuf’pr vof/k ds fy;s ikVZ Vkbe ds :i esa j[kk x;k FkkA blds

ckn fdlh Hkh Jfed dks dksbZ fu;qfDr ugha nh x;h] dsoy /kesUnz

ulhjkckn ls LFkkukarj.k gksdj vk;k gSA izkFkhZ dks lsokeqDr

djus ds ckn ekuuh; mPp U;k;ky; ls LVs gksus ij gh iqu%

lsok ij j[kk x;k FkkA ekuuh; mPp U;k;ky; esa LVs [kkfjt

gksus ij izkFkhZ dks iqu% lsok ls fnukad 20-05-95 dks gVk fn;k

x;k FkkA ftjg esa Jfed us Lohdkj fd;k gS mlus viuk

fu;qfDr i= is’k ugha fd;k gS] mls fQDlM jkf’k 713@&:-

feyrh FkhA fnukad 19-10-89 ls 04-05-91 rd dHkh Hkh fu;fer

osru dh ekax ugha dhA foi{kh Ldwy m|ksx dh ifjHkk"kk esa ugha

vkrk gSA vr% izkFkhZ }kjk izLrqr Dyse [kkfjt fd;s tkus ;ksX;

gSA vizkFkhZ izfrfuf/k }kjk vius rdksZa ds leFkZu esa fuEu U;kf;d

n`"Vkar is’k fd;s x;s gSa %&

1-

ekuuh; loksZPp U;k;ky; dk fQftdy fjlpZ yscksjsVjh

cuke ds-th- 'kekZ esa fu.kZ; fnukad 08-04-97

2-

¼2002½ 5 ,l lh lh 654 gfj;k.kk LVsV ,l lh lh MCY;w

LVksj fy0 cuke jkefuokl o vU;A

6924

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

3-

¼2006½ 1 ,l lh lh 253 fd’kksj pUnz ley cuke

mMhlk LVsV ds’ko MoyiesaV dk0fy0A

4-

¼2006½ 2 ,l lh lh 716 ,e-ih- LVsV ,xzks b.MLVªht

MoyiesaV d0fy0 o vU; cuke ,l-lh- ikaMsA

5-

¼2006½ 3 ,l lh lh 81 eqfuf’kiy dkmafly] lejkyk

cuke jkt dqekjA

6-

¼2006½ 8 ,l lh lh 508 LVsV vkWQ jkt0 cuke ljthr

flag o vU;A

8-

mHk; i{kksa ds rdksZa dk euu fd;k ,oa i=koyh dk

xgurk ls voyksdu o v/;;u fd;k x;kA

9-

esjs fouez er esa fu"d"kZ ij igqapus ls iwoZ nksuksa i{kksa dh

vksj ls izLrqr xokgksa ds c;kuksa dh foospuk djuk mfpr gksxkA

10-

izkFkhZ xq:nkl mik/;k; }kjk izLrqr 'kiFk i= ds eq[;

ijh{k.k esa LVsVesaV vkWQ Dyse esa fn;s x;s rF;ksa dks nksgjk;k

x;k gSA ftjg esa izkFkhZ }kjk ;g Lohdkj fd;k x;k gS fd og

ikVZ Vkbe odZj FkkA fu;qfDr vkns’k U;k;ky; esa is’k ugha fd;s

gSa rFkk mls fQDlM jkf’k 713@&:0 feyrs Fks rFkk mlus

fu;fer osru dh ekax ugha dhA

11-

foi{kh dh vksj ls Jh Mh-ds- lSuh }kjk vius 'kiFk i= ds

eq[; ijh{k.k esa Dyse esa fn;s x;s tokc dks nksgjk;k x;k gSA

ftjg esa Hkh xokg us izkFkhZ dh fu;qfDr ikVZ Vkbe ,oa vLFkk;h

:i ls gksuk rFkk izkFkhZ dks fnukad 04-05-91 dks lsokeqDr fd;k

tkuk] ekuuh; mPp U;k;ky; ds vkns’k dh ikyuk esa fnukad

15-05-91 ls 20-05-91 rd dke djuk rFkk iqu% 20-05-91 dks

lsok ls gVk;k tkuk crk;k gSA lkFk gh vkxs dFku fd;k gS fd

izkFkhZ dks lsokeqfDr ds le; uksfVl] uksfVl is] NaVuh eqvkotk

ugha fn;k x;kA

12-

vizkFkhZ izfrfuf/k }kjk ;g izkjfEHkd vkifRr dh x;h gS fd

foi{kh Ldwy m|ksx dh ifjHkk"kk esa ugha vkrk gSA esjs fouez er

esa fo|ky; esa ftlesa Nk=&Nk=kvksa dk v/;;u gsrq izos’k gksrk

gS] muls v/;;u gsrq Qhl olwy dh tkrh gS vkSj fo|ky; }kjk

ykHk&gkfu ds [kkrs la/kkfjr fd;s tkrs gSaA izkFkhZ izfrfuf/k }kjk

izLrqr U;kf;d n`"Vkar 1988 ¼57½ ,Q ,y vkj 462 ,-lqanjkEcy

cuke xouZesaV vkWQ xksok] nkeu ,.M fM;w oxSjg ,oa 2006¼109½

,Q ,y vkj 1191 eSU;wyeksuh eSfVªdqys’ku Ldwy pSUubZ cuke

yscj dksVZ] pSUubZ esa ;g fl}kar izfrikfnr fd;s x;s gSa fd

'kSf{kd laLFkku m|ksx dh ifjHkk"kk esa vkrs gSA ,d fo|ky; esa ukWu

Vhfpax LVkQ }kjk vkS|ksfxd fookn vf/kfu;e ds rgr fookn

mBk;k tk ldrk gSA mijksDr U;kf;d n`"Vkarksa ds izdk’k esa

vizkFkhZ izfrfuf/k }kjk dh x;h ;g izkjfEHkd vkifRr Lohdkj fd;s

tkus ;ksX; gSA foi{kh laLFkku m|ksx dh ifjHkk"kk esa vkrk gSA

13-

izkFkhZ izfrfuf/k }kjk ;g rdZ fn;k x;k gS fd izkFkhZ Jfed

}kjk 240 fnol ls vf/kd dk;Z fd;k x;k gSA izkFkhZ Jfed }kjk

fnukad 19-10-89 dks foi{kh la[;k 1 ds ;gkWa fu;qfDr gq;h gS]

fnukad 02-06-90 dks izkFkhZ dks lsokeqDr dj fn;k x;kA fQj iqu%

fnukad 18-06-90 dks izkFkhZ dks fu;qfDr nh x;hA fQj fnukad

22-12-90 dks lsokeqDr dj fn;k x;kA blds ckn iqu% fnukad

02-02-91 dks izkFkhZ dks fu;qfDr nh x;hA fQj iqu% izkFkhZ dks

fnukad 04-05-91 dks lsokeqDr dj fn;k x;kA bl izdkj bl

vof/k esa tks izkFkhZ Jfed }kjk dk;Z fd;k x;k gS] og yxkrkj

240 fnol foi{kh laLFkku esa dke ugha fd;k tkdj VqdM+ksa esa

fd;k x;k gSA vkS|ksfxd fookn vf/kfu;e ds vuqlkj fdlh Hkh

laLFkku esa yxkrkj 240 fnol dk;Z djuk vko’;d gSA izkFkhZ

Jfed }kjk bl vof/k esa yxkrkj 240 fnol dk;Z ugha fd;k

x;k gSA

14-

izkFkhZ }kjk fnukad 15-05-91 ls 20-05-95 rd dh vof/k esa

tks dk;Z foi{kh laLFkku ds ;gkWa fd;k x;k gS] og rks ekuuh;

jktLFkku mPp U;k;ky; }kjk fn;s x;s LVs ds dkj.k fd;k x;k

gSA vr% esjs fouez er esa ftl vof/k esa dk;Z fdlh U;kf;d

vkns’k ds rgr fd;k x;k gks] og x.kuh; ugha ekuk tk ldrkA

,slh fLFkfr esa izkFkhZ Jfed }kjk tks fnukad 15-05-91 ls 20-05-

95 rd foi{kh laLFkku esa dk;Z fd;k x;k gS] og ekuuh; mPp

U;k;ky; ds vkns’k dh ikyuk esa fd;k x;k gSA bl vof/k esa

fd;s x;s dk;Z dks 240 fnol ds lkFk ugha tksM+k tk ldrkA

vr% ;g vof/k x.kuh; ugha gSA

15-

vizkFkhZ izfrfuf/k dk ;g rdZ jgk gS fd izkFkhZ Jfed dks

tks fu;qfDr nh x;h gS og] ^^iw.kZr;k vLFkk;h** ^^ikVZ&Vkbe** ,oa

,d fQDlM jkf’k ij nh x;h FkhA izkFkhZ Jfed }kjk ftjg esa

Lo;a Lohdkj fd;k gS fd mls ikVZ Vkbe ij gh fu;qfDr nh x;h

Fkh] mlus viuh fu;qfDr ds vkns’k U;k;ky; esa is’k ugha fd;s

gS rFkk vius lsokdky esa mlus dHkh fu;fer osru dh ekax ugha

dh FkhA vr% Lo;a izkFkhZ }kjk ;g Lohdkj fd;k x;k gS fd mldh

fu;qfDr ikVZ Vkbe gq;h FkhA mls izfrekg 713@&:0 fQDlM

osru fn;k x;kA izkFkhZ Jfed }kjk viuh fu;qfDr ds laca/k esa

dksbZ Hkh vkns’k is’k ugha fd;k x;k gS] ftleas mldh fu;qfDr

laca/kh 'krksZa dk mYys[k gksA esjs fouez er esa fdlh Hkh Jfed

dks U;k; gsrq U;k;ky; ds le{k LoPN gkFkksa ls vkuk pkfg;sA

fdlh Hkh rF; dks Nqikus ,oa izLrqr ugha djus ds vk/kkj ij

Jfed dksbZ jkgr ikus dk vf/kdkjh ugha gks ldrkA gLrxr

izdj.k esa Hkh izkFkhZ }kjk viuh fu;qfDr ds laca/k esa dksbZ vkns’k

is’k ugha fd;k x;k gS] ftlesa mldh fu;qfDr laca/kh 'krksZa dk

mYys[k gksA

16-

izkFkhZ izfrfuf/k }kjk ;g vkifRr dh x;h gS fd foi{kh

laLFkku }kjk vkS|ksfxd fookn vf/kfu;e dh /kkjk 25 ,Q 25

th dh ikyuk ugha dh x;hA izkFkhZ }kjk Lo;a ;g Lohdkj

fd;k x;k gS fd og ,d ikVZ VkbZe odZj FkkA esjs fouez er

esa vkS|ksfxd fookn vf/kfu;e dh /kkjk 25,Q ,oa 25th ,d

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6925

fu;fer deZpkjh ij gh ykxw gksrs gSa] u fd ikVZ Vkbe odZj ijA

izkFkhZ ,d ikVZ Vkbe odZj FkkA vr% foi{kh laLFkku }kjk izkFkhZ

dks lsokeqDr djrs le; /kkjk 25,Q] 25th dh ikyuk fd;k

tkuk mijksDr of.kZr ifjfLFkfr;ksa esa vko’;d ugha FkkA vr%

izkFkhZ izfrfuf/k dk ;g rdZ Lohdkj fd;s tkus ;ksX; ugha gSA

foi{kh izfrfuf/k }kjk izLrqr U;kf;d n`"Vkar 2 yxk;r 6 esa fn;s

x;s fn’kk&funsZ’kksa dk izHkko Åij foospuk esa fn;k x;k gSA

17-

izkFkhZ izfrfuf/k dh vksj ls izLrqr U;kf;d n`"Vkar la[;k 1

yxk;r 13 ds rF; ,oa ifjfLFkfr;kWa gLrxr izdj.k ls fHkUurk

j[krs gSaA vr% izkFkhZ izfrfuf/k dh vksj ls izLrqr U;kf;d n`"Vkar

izkFkhZ Jfed ds dsl esa ykxw ugha gksrs gSaA

18-

mijksDr foospu ds QyLo:i izdj.k esa fuEu vokMZ

ikfjr fd;k tkrk gS%&

vokMZ

"The action of the management of Kendriya

vidhyalaya, Churu, Rajasthan in terminating the

service of Shri Guru Das Upadhyay S/o Shri

Satyanarayan Upadhyay w.e.f. 04.05.91 and again

20-05-95 is legal and Justified. The workmen is not

entitled to any relief.”

19-

vokMZ vkt fnukad 20-06-2014 dks [kqys U;k;ky; esa

fy[kk;k tkdj lquk;k x;k tks dsUnz ljdkj dks izdk’kukFkZ

fu;ekuqlkj Hkstk tkosA

gseUr dqekj tSu] U;k;k/kh’k

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2782-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj tokgj uoksn;

fo|ky;] dqpkeu flVh (ukxkSj) 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;] t;iqj ds

iapkV (lanHkZ la- lhvkbZVh 28@1996) dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 17-10-2014 dks izkIr gqvk FkkA

¹la- ,y&42012@75@1995&vkbZvkj (Mh;w)º

ih- ds- os.kqxksiky] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O. 2782.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. CIT

28/1996) of the Cent. Govt. Indus. Tribunal, Jaipur now as

shown in the Annexure, in the Industrial Dispute between

the employers in relation to the management of the

Jawahar Navodaya Vidyalaya, Kuchaman City (Nagaur),

and their workman, which was received by the Central

Government on 17.10.2014.

[No. L-42012/75/1995-IR (DU)]

P. K. VENUGOPAL, Section Officer

vuqca/k

dsUnzh; vkS|ksfxd U;k;kf/kdj.k] t;iqj

dsl ua0 lh-vkbZ-Vh- 28@1996

jSQjSal % dsUnz ljdkj] Je ea=ky;] ubZ fnYyh dk vkns’k

dzekad ,y&42012@75@95& vkbZ-vkj-¼Mh-;w-½ fnukad 27-06-

1996

n’kjFk flag iq= Jh guqeku flag]

xzke iuokjh] HkS: rkyko iks0 dqpkeu flVh]

ftyk& ukxkSjA

&& izkFkhZ

cuke

iz/kkukpk;Z] tokgj uoksn;] fo|ky;]

eq0iks0 dqpkeu flVh]

ftyk& ukxkSjA

&& vizkFkhZ

mifLFkr

ihVklhu vf/kdkjh% Jh gseUr dqekj tSu+] vkj-,p-ts-,l-

izkFkhZ dh vksj ls

%

Jh ch-,e- ckxM+k

vizkFkhZ dh vksj ls

%

Jh gok flag

fnukad vokMZ % 10-02-2014

vokMZ

1-

Hkkjr ljdkj ds Je ea=ky; dh vkKk dzekad

42012@75@95 fnukad 27-06-1996 ls fuEu vuqlwph dk fookn

“Whether the action of the principal Jawahar Navodaya

Vidyalaya, Kuchaman City (Nagaur) is Justified in

terminating the services of Shri Dashrath Singh? If not, to

what relief the workmen concerned is entitled to?”

vf/kfu.kZ; gsrq bl vf/kdj.k dks izkIr gqvk gSA

2-

izkFkhZ Jfed dh vksj ls LVsVeSaV vkWQ Dyse is’k dj

dFku fd;k fd izkFkhZ dks okgu pkyd ds fjDr in ij

fnukad 18-12-93 ds vkns’k }kjk fnukad 20-08-93 dks yxk;k

x;k FkkA izkFkhZ dks fnukad 07-08-94 dks fcuk dksbZ dkj.k

crk;s lsok ls gVk fn;k x;kA izkFkhZ }kjk iqu% dke ij fy;s

tkus ckcr~ izLrqr izkFkZuk i=ksa ij dksbZ /;ku ugha nsus ij fookn

Je vk;qDr ds izLrqr fd;k x;kA foi{kh }kjk /kkjk 25 ,Q] 25

th ,oa 25 ,p dh ikyuk ugha dh x;hA izkFkhZ }kjk fnukad 20-

08-93 ls fnukad 06-08-94 rd yxkrkj dke fd;k gSA izkFkhZ

}kjk 240 fnol ls vf/kd dke fd;k x;k gSA izkFkhZ dks lsok ls

gVkrs le; dksbZ ojh;rk lwph rS;kj ugha dh x;hA izkFkhZ dks

6926

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

gVkus ds ckn fd’kksj flag dks j[kk x;k x;k vkSj mlds ckn

izkFkhZ dks uke cnydj HkkxhjFk flag ds uke ls 3&4 eghus dke

ij j[kk x;k vkSj mlds ckn jkedj.k dks dke ij j[kk x;k

tks vkt Hkh ogkWa dke dj jgk gSA izkFkhZ dks ijs’kku djus dh

uh;r ls lsok ls gVk;k x;k gSA izkFkhZ dks lsok ls vyx djus

dh dk;Zokgh dks fujLr ?kksf"kr dj iqu% lsok esa ysdj lHkh

ykHk&ifjykHk fnyk;s tkosaA

3-

vizkFkhZx.k dh vksj ls LVsVesaV vkWQ Dyse dk tokc

izLrqr dj dFku fd;k fd izkFkhZ dks fnukad 20-08-93 dks

va’kdkyhu eksVj pkyd ds in ij j[kk x;k FkkA izkFkhZ dh

lsok;sa fnukad 16-11-93] 12-02-94 ,oa mlds ckn fnukad

13-12-93 rd ds fy;s c<+k;h x;h FkhA izkFkhZ dh lsok;sa fnukad

13-02-94 dks ugha c<+kus ds dkj.k Lor% gh lekIr gks x;hA izkFkhZ

dh lsoklekfIr vkS0fo0vf/k0 1947 dh /kkjk 2¼.k .k½¼[k [k½ ds

izko/kkuksa ds vuqlkj NaVuh dh ifjHkk"kk esa ugha vkrh gSA izkFkhZ

}kjk Lo;a gh LosPNk ls dk;Z ij ugha vkus ij iathd`r ,-Mh-

Mkd }kjk M~;wVh ij mifLFkr gksus ij i= fnukad 27-5-95]

3-7-95] 31-7-95 tkjh fd;s x;sA ftlesa ;g vafdr fd;k x;k

fd izkFkhZ ds M~;wVh ij mifLFkr ugha nh rks rks ;g /kkj.kk gks

tkosxh fd og dk;Z djus dk bPNqd ugha gSA vizkFkhZ laLFkku

^^m|ksx** dh ifjHkk"kk esa ugha vkrk gS] ftl ij vkS|ksfxd fookn

vf/kfu;e ds izko/kku ykxw ugha gkrs gSaA izkFkhZ Lo;a dh bPNk ls

dk;Z NksM+dj pyk x;k FkkA okgu pkyd dk in ¼,Dl lfoZl

eSu½ iwoZ lSfud ds fy;s vkjf{kr Fkk vkSj ftl ij fu;ekuqlkj

ftyk lSfud cksMZ }kjk vuq’ka"kk fd;s tkus ij jkedj.k dks

fu;qfDr ns nh x;hA izkFkhZ dks dHkh Hkh fu;fer in ds fo:)

fu;ksftr ugha fd;k x;kA izkFkhZ Lo;a dh bPNk ls dk;Z NksM+dj

x;k gSA izkFkhZ dksbZ jkgr ikus dk vf/kdkjh ugha gSA

4-

izkFkhZ }kjk tokcqy tokc is’k dj dFku fd;k fd foi{kh

laLFkku ij vkS|ksfxd fookn vf/kfu;e ds izko/kku ykxw gksrs gSaA

izkFkhZ }kjk 240 fnol ls vf/kd dk;Z fd;k x;k gSA foi{kh }kjk

Hksts x;s i=ksa dk izkFkhZ us fyf[kr tokc fn;k gSA izkFkhZ dks okgu

pkyd ds in ij okfil iwjs osru lfgr cgky fd;k tkosA

5-

lk{; esa izkFkhZ dh vksj ls Lo;a n’kjFk flag dk 'kiFk i=

is’k gqvk gS] ftlls foi{kh izfrfuf/k }kjk ftjg dh x;h gSA

foi{kh dh vksj ls Jh ,y0ih0 'kekZ dk 'kiFk i= is’k gqvk gS]

ftlls izkFkhZ izfrfuf/k us ftjg dh gSA

6-

mHk; i{kksa dh cgl lquh x;hA i=koyh dk voyksdu

fd;k x;kA

7-

izkFkhZ ds fo}ku izfrfuf/k dk rdZ gS fd izkFkhZ dks izn’kZ

MCY;w&1 }kjk 22@&:0 nSfud osru ij pkyd ds in ij

fnukad 20-08-93 dks fu;qfDr nh x;h Fkh] ftl ij izkFkhZ }kjk

fnukad 06-08-94 rd yxkrkj dke fd;k x;k x;kA fnukad

07-08-94 dks izkFkhZ dks fcuk dkj.k crk;s lsok ls gVk fn;k x;kA

izkFkhZ dh lsok vof/k izn’kZ MCY;w&2 }kjk c<+k;h x;h gSA izkFkhZ

}kjk foi{kh laLFkku esa 351 fnol dke fd;k x;k gSA foi{kh

xokg us Hkh viuh ftjg esa izkFkhZ dk fnukad 20-08-93 ls 06-08-

94 rd yxkrkj dke djuk Lohdkj fd;k gSA foi{kh }kjk 25

,Q dh ikyuk ugha dh x;hA izkFkhZ dks ,d ekg dk uksfVl osru

ugha fn;k x;kA izkFkhZ izfrfuf/k dk rdZ gS fd izkFkhZ ds fu;qfDr

vkns’k esa ;g dgha ugha fy[kk gS fd mls lafonk vk/kkj ij j[kk

x;k gksA foi{kh }kjk Hksts x;s i=ksa dk izkFkhZ us fyf[kr esa tokc

fn;k gSA foi{kh }kjk 25 ,Q dh ikyuk ugha dh x;hA vr%

lsokeqfDr dks voS/k ?kksf"kr dj iqu% lsok esa lHkh ykHkksa lfgr

fy;k tkosA izkFkhZ izfrfuf/k }kjk vius rdksZa ds leFkZu esa fuEu

U;kf;d n`"Vkar is’k fd;s x;s gSa &

1-

2000 ysc vkbZ lh 3304 ,xzhdYpj izksM~;wl ekdZsV desVh

cuke v’kksd gfjdquhA

2-

1999 ysc vkbZ lh 97 fizafliy Mwaxj dkWyst chdkusj

cuke vkseizdk’k o vU;A

8-

foi{kh ds fo}ku izfrfuf/k dk rdZ gS fd izkFkhZ dks izn’kZ

ih&1 }kjk fnukad 20-08-93 dks lafonk vk/kkj ij j[kk x;k FkkA

izn’kZ ih&2 }kjk izkFkhZ dh lsok;sa fnukad 20-11-93 rd c<+k;h

x;h FkhA izn’kZ ih&3 }kjk izkFkhZ dks fnukad 13-02-94 ls lsok ls

i`Fkd dj fn;k x;kA foi{kh izfrfuf/k dk rdZ gS fd izkFkhZ }kjk

fnukad 20-08-93 ls 07-08-94 rd 240 fnol ls vf/kd dke

djuk crk;k gS] tcfd izkFkhZ dks fnukad 13-02-94 ls lsok ls gVk

fn;k x;k gSA izkFkhZ }kjk ek= 175 fnol gh dk;Z fd;k x;k gSA

izkFkhZ dks M~;wVh ij mifLFkr gksus ckcr~ izn’kZ ih&4 yxk;r 7

fnukad 15-05-95] 27-05-95] 03-07-95] 31-07-95 dks jftLVMZ

,-Mh- i= tkjh fd;s x;s gSa] tks okfil izkIr gq;s gSaA tc ;s i=

izkFkhZ dks izkIr gh ugha gq;s rks budh ikyuk esa mifLFkr dSls gks

ldrk gSA izkFkhZ }kjk ,d foRrh; o"kZ esa 240 fnol ls vf/kd

dk;Z ugha fd;k x;k gSA vkS0fo0vf/kfu;e dh /kkjk 2 ¼vks vks½¼ch

ch½ ds vuqlkj 240 fnol ls vf/kd dk;Z fl) djus dk Hkkj

izkFkhZ Lo;a ij gSA izkFkhZ Lo;a dh bPNk ls dk;Z NksM+dj pyk x;k

FkkA foi{kh ij /kkjk 25 ,Q ds izko/kku ykxw ugha gksrs gSaA vr%

Dyse [kfkjt fd;k tkosA foi{kh izfrfuf/k }kjk vius rdksZa ds

leFkZu esa fuEu U;kf;d n`"Vkar is’k fd;s x;s gSa &

1-

¼2005½ 5 ,l lh lh 100 fjtoZ cSad vkWQ bf.M;k cuke

,l- ef.k o vU;

2-

MoY;w ih ¼lh½ 3768@2003 fizafliy dsUnzh; fo|ky;

lu cuke tgkaxhj [kka

3-

¼2005½ 11 ,l lh lh 229 phQ bathfu;j cuke ds’ko

jko

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6927

4-

¼2005½ ,l lh lh 481 cVyk dkW0 'kqxj feYl cuke

Lo:i flag

5-

¼2002½ 5 ,l lh lh 654 gfj;k.kk LVsV ,Q lh lh MCY;w

LVksj fy- cuke jkefuoklA

6-

¼1997½ 4 ,l lh lh 391 fgeak’kq dqekj fo|kFkhZ o vU;

cuke LVsV vkWQ fcgkjA

7-

¼1997½ 4 ,l lh lh 393 LVsV vkWQ egkjk"Vª cuke

fiz;k’kadj egkjkt

9-

mHk; i{kksa ds rdksZa dk euu fd;k ,oa i=koyh dk

xgurk ls voyksdu o v/;;u fd;k x;kA

10-

i=koyh ds voyksdu ls izdV gksrk gS fd izkFkhZ dh

fu;qfDr foi{kh }kjk vkns’k fnukad 20-08-93 }kjk 22@&:0

izfrfnu dh nj ls nSfud osru ij dh x;h FkhA izn’kZ ih&2

vkns’k fnukad 04-11-93 }kjk izkFkhZ dh lsokvof/k dks fu;qfDr

vkns’k esa of.kZr 'krksZa ds v/khu fnukad 16-11-93 rd c<+k;h x;h

FkhA izn’kZ MCY;w&2 }kjk izkFkhZ dh lsokvof/k dks 179 fnol dh

vof/k vFkok ubZ HkrhZ] tks Hkh igys gks] rd ds fy;s c<+k;h x;h

FkhA izn’kZ ih&3 vkns’k fnukad 12-02-94 }kjk izkFkhZ dks fnukad

13-02-93 ls lsok ls i`Fkd dj fn;k x;kA

11-

fu;qfDr vkns’k fnukad 20-08-93 ds voyksdu ls Li"V

gS fd izkFkhZ dh fu;qfDr fnukad 20-08-93 ls 19-09-93 rd ,d

ekg ds fy;s nSfud osru ij dh x;h FkhA fu;qfDr vkns’k esa

izkFkhZ fu;fer fu;qfDr ds fy;s ;ksX; ugha gksus ,oa mldh lsok;sa

fcuk fdlh dkj.k ds ,oa fcuk dksbZ uksfVl fn;s fdlh Hkh le;

lekIr dh tkus dh 'krZ Hkh mYysf[kr FkhA izkFkhZ dh lsokvofèk

dks foi{kh }kjk vkns’k fnukad 04-11-93 ,oa 18-12-93 }kjk

c<+k;k x;k FkkA ijUrq mDr vkns’k Hkh fu;qfDr vkns’k esa

mYysf[kr 'krksZa ds v/khu FksA izkFkhZ dks vkns’k fnukad 12-02-94

dks fnukad 13-02-94 ls lsok ls i`Fkd dj fn;k x;kA izkFkhZ

izfrfuf/k }kjk izkFkhZ dk fnukad 20-08-93 ls 06-08-94 rd okgu

pkyd ds in ij dk;Zjr gksuk crk;k gS] tcfd lsokeqfDr

vkns’k ls Li"V gS fd izkFkhZ dh lsok;sa fnukad 12-02-94 ds vkns’k

ls lekIr dh tk pqdh gSA vr% izkFkhZ izfrfuf/k dk ;g rdZ

fo’oluh; izrhr ugha gksrk gS fd izkFkhZ }kjk fnukad 06-08-94

rd dk;Z fd;k x;k gksA

12-

lk{; izkFkhZ esa Jh n’kjFk flag us vius eq[; ijh{k.k esa

dFku fd;k gS fd izkFkhZ }kjk fnukad 20-08-93 ls 06-08-94 rd

okgu pkyd ds in ij fujUrj dk;Z fd;k x;kA izn’kZ

MCY;w&2 }kjk izkFkhZ dh lsokvof/k dks 179 fnol ds fy;s c<+k;k

x;kA izkFkhZ dks fnukad 07-08-94 ls fcuk dkj.k crk;s lsok ij

ysus ls euk dj fn;k x;kA foi{kh }kjk 25 ,Q ds vuqlkj ,d

ekg dk uksfVl osru vkSj NaVuh eqvkotk ugha fn;k x;kA izkFkhZ

ds ckn jkedj.k dks okgu pkyd ds in ij j[kk x;k] tks

orZeku esa Hkh dk;Zjr gSA izfrijh{kk esa xokg us Lohdkj fd;k

gS fd mldh fu;qfDr ,d ekg ds fy;s nSfud osru ij dh x;h

Fkh] fQj ckn esa lsok c<+k nh FkhA izkFkhZ us viuh izfrijh{kk esa

;g Lohdkj fd;k gS fd mldk p;u fu;eksa ds rgr fd;k Fkk

;k ugha] eq>s ekywe ugha gSA xokg us izn’kZ Mh&4 i= izkIr gksus

ij ,y-ih- 'kekZ us M~;wVh ij ugha ysuk crk;k gSA xokg }kjk

fnukad 06-08-94 rd yxkrkj dke fd;k x;k gks] bl laca/k esa

dksbZ Hkh nLrkosth ,oa ekSf[kd lk{; U;k;kf/kdj.k ds le{k is’k

ugha dh gSA ftlls ;g ugha ekuk tk ldrk fd izkFkhZ }kjk

fnukad 06-08-94 rd yxkrkj dke fd;k x;k gksA

13-

foi{kh dh vksj ls lk{; esa ,y0ih0 'kekZ ijhf{kr gq;s gSaA

ftUgksaus vius eq[; ijh{k.k esa izkFkhZ dh fu;qfDr nSfud osru ij

,d ekg ds fy;s fd;k tkuk rFkk ckn esa mldh lsok;sa c<+k;h

tkuk crk;k gSA izkFkhZ }kjk fnukad 15-05-95] 27-05-95] 03-07-

95] 26@31-05-95 }kjk izkFkhZ dks M~;wVh ij mifLFkr gksuk rFkk

mijksDr i= izkFkhZ dks izkIr ugha gksuk dFku fd;k gSA foi{kh

laLFkku ij vkS|ksfxd fookn vf/kfu;e ds izko/kku ykxw ugha

gksuk dFku fd;k gSA xokg }kjk izkFkhZ dks ckj&ckj cqykus ij

Hkh mlds dk;Z ij ugha vkus ij ,d vU; O;fDr dks dqN le;

ds fy;s rFkk mlds ckn jkedj.k dks fu;ekuqlkj fu;qfDr nh

tkuh dFku fd;k gSA foi{kh xokg us viuh izfrijh{kk esa Hkh ,slk

dqN dFku ugha fd;k gS fd izkFkhZ }kjk fnukad 06-08-94 rd

dk;Z fd;k x;k gks vkSj foi{kh }kjk tkjh i= izkIr gksus ij og

M~;wVh ij mifLFkr gqvk gksA

14-

izkFkhZ }kjk vius rdksZa esa 240 fnol ls vf/kd dke fd;k

tkuk dFku fd;k gS] ijUrq izkFkhZ dh vksj ls ,slh dksbZ nLrkosth

,oa ekSf[kd lk{; is’k ugha dh x;h] ftlls ;g izekf.kr gksrk

gks fd izkFkhZ }kjk yxkrkj ,d foRrh; o"kZ esa 240 fnol dke

fd;k x;k gSA mHk; i{kksa }kjk izLrqr nLrkostksa ds vk/kkj ij

izkFkhZ }kjk ek= fnukad 20-08-93 ls 12-02-94 rd dke djuk

ik;k tkrk gSA vr% izkFkhZ }kjk ,d dys.Mj o"kZ esa 240 fnol

ls vf/kd dk;Z ugha fd;k x;k gSA vr% izkFkhZ ds laca/k esa foi{kh

laLFkku ij vkS|ksfxd fookn vfèkfu;e ds izko/kku ykxw ugha gksrs

gSaA

15-

izkFkhZ }kjk 25 ,Q dh ikyuk ugha fd;s tkus dk rdZ fn;k

x;k gSA tc izkFkhZ ds lac/ak esa laLFkku ij vkS|ksfxd fookn

vfèkfu;e ds izko/kku gh ykxw ugha gksrs gSa] rks 25 ,Q dh ikyuk

dh tkuh vko’;d ugha gSA

16-

izkFkhZ dks tkjh i= izn’kZ ih&3 yxk;r 7 tkjh fd;s x;s

gSa] ftuesa Li"V :i ls mYys[k fd;k x;k gS fd vkids M~;wVh

ij mifLFkr ugha gksus ij ;g ekuk tkosxk fd vki dk;Z djus

ds bPNqd ugha gSA izkFkhZ }kjk izn’kZ ih&4 dh ikyuk esa M~;wVh

ij mifLFkr gksuk dFku fd;k gSA ijUrq foi{kh }kjk tkjh i=ksa

ds lkFk fyQkQs dh izfr Hkh is’k dh x;h gS] ftl ij Mkd foHkkx

6928

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

dh fjiksVZ vafdr gSA blds vfrfjDr izkFkhZ }kjk dsoy izn’kZ

ih&4 izkIr gksuk crk;k gS] tcfd izkFkhZ dks mlds ckn Hkh izn’kZ

ih 5 yxk;r 7 i= tkjh fd;s x;s gSa] mlds cktown izkFkhZ M~;wVh

ij mifLFkr ugha gqvk gSA vr% izkFkhZ viuh ethZ ls gh M~;wVh

ls vuqifLFkr jgk gSA izkFkhZ izfrfuf/k dh vksj ls izLrqr U;kf;d

n`"Vkarksa ds rF; ,oa ifjfLFkfr;kWa gLrxr izdj.k ls fHkUurk

j[krs gSa] vr% mDr lHkh U;kf;d n`"Vkar izkFkhZ ds dsl esa ykxw

ugha gksrs gSaA

17-

mijksDr foospu ds QyLo:i Li"V gS fd izkFkhZ dh

fu;qfDr nSfud osru ij fcuk dkj.k crk;s] fcuk dksbZ uksfVl

fn;s lsok ls gVk fn;s tkus rFkk fu;fer in ij ;ksX; ugha gksus

dh 'krZ ds lkFk ,d ekg ds fy;s nh x;h Fkh] tks 179 fnol

dh vof/k ;k fu;fer fu;qfDr] tks Hkh igys gks] rd ds fy;s gh

lsokvof/k dks c<+k;k x;k FkkA vr% izkFkhZ dh lsok iw.kZr;k

vLFkk;h FkhA izkFkhZ }kjk ,d o"kZ esa 240 fnol dke ugha fd;k

x;k gSA vr% vkS|ksfxd fookn vf/kfu;e ds izko/kku ykxw ugha

gksus ls foi{kh }kjk 25,Q dh ikyuk dh tkuh vko’;d ugha

FkhA

18-

vizkFkhZ izfrfuf/k dh vksj ls izLrqr U;kf;d n`"Vkarksa dk

eSaus ckjhdh ls v/;ksikar fouezrkiwoZd voyksdu fd;kA mijksDr

lHkh n`"Vkarksa ds rF; ,oa ifjfLFkfr;ka gLrxr izdj.k ds rF;ksa

,oa ifjfLFkfr;ksa ls lekurk j[krs gSa] vr% mDr lHkh U;kf;d

n`"Vkar gLrxr izdj.k esa ykxw gksrs gSaA ftudk izHkko ;Fkksfpr

:i ls Åij foospuk esa fn;k x;k gSA

19-

mijksDr foospu ds QyLo:i izdj.k esa fuEu vokMZ

ikfjr fd;k tkrk gS %&

vokMZ

**izkFkhZ Jh n’kjFk flag dks foi{kh fizafliy] tokgj uoksn;

fo|ky;] dqpkeu flVh }kjk }kjk lsok i`Fkd fd;k tkuk

mfpr ,oa oS/k gSA izkFkhZ n’kjFk flag dksbZ jkgr ikus dk

vf/kdkjh ugha gSA**

20-

vokMZ vkt fnukad 10-02-2014 dks [kqys U;k;ky; esa

fy[kk;k tkdj lquk;k x;k tks dsUnz ljdkj dks izdk’kukFkZ

fu;ekuqlkj Hkstk tkosA

gseUr dqekj tSu] U;k;k/kh’k

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2783-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj y{k}hi

vkbySaM ,MfefuLVªsVj] y{k}hi ,MfefuLVªs'ku ,aM 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@

Je U;k;ky;] ,.kkZdqye ds iapkV (lanHkZ la- 30@2013) dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 17-10-2014 dks izkIr

gqvk FkkA

¹la- ,y&42012@30@2013&vkbZvkj (Mh;w)º

ih- ds- os.kqxksiky] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O. 2783.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 30/2013)

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

Ernakulam as shown in the Annexure, in the Industrial

Dispute between the employers in relation to the

management of the Lakshadweep Island Administrator,

Lakshadweep Administration & Others, and their

workmen, which was received by the Central Government

on 17.10.2014.

[No. L-42012/30/2013-IR (DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, ERNAKULAM

Present:

Shri.D.Sreevallabhan, B.Sc., LL.B, Presiding Officer

(Friday the 26th day of September, 2014/4th Asvina 1936)

ID 30/2013

Workmen

:

1.

Shri Pookunhi K Transits

Accomodation Gandhi Nagar

Cochin-20

2.

Shri Darvashkham P P Transits

Accomodation Gandhi Nagar

Cochin-20

3.

Shri Sayeed K C Transits

Accomodation Gandhi Nagar

Cochin-20

4.

Shri Saifulla A M Transits

Accomodation Gandhi Nagar

Cochin-20

5.

Shri Rosambi M P Transits

Accomodation Gandhi Nagar

Cochin-20

6.

Shri Hussian K K Transits

Accomodation Gandhi Nagar

Cochin-20

7.

Shri Beefathummab T K

Transits

Accomodation

Gandhi Nagar Cochin-20

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6929

8.

Shri Sainulabid P Transits

Accomodation Gandhi Nagar

Cochin-20

9.

Shri Anwer Sadiqe J S Transits

Accomodation Gandhi Nagar

Cochin-20

10. Shri Hussain K C P Transits

Accomodation Gandhi Nagar

Cochin-20

11. Shri Saleem N M Transits

Accomodation Gandhi Nagar

Cochin-20

12. Shri Abdul Rasheed K S P

Transits

Accomodation

Gandhi Nagar Cochin-20

13. Shri Hameed A C Transits

Accomodation Gandhi Nagar

Cochin-20

14. Shri Chariyakoya P T Transits

Accomodation Gandhi Nagar

Cochin-20

15. Shri Sabeer P Transits

Accomodation Gandhi Nagar

Cochin-20

16. Shri Rahmathulla C Transits

Accomodation Gandhi Nagar

Cochin-20

By Adv. Shri Anand S A for

Workmen Nos.1,3,4,6,11,12,

13 & 14

Managements :

1.

The Lakshadweep Island

Administrator Lakshadweep

Administration Kavaratty

2.

Shri Karthikeyan General

Manager, SPORTS Society for

Promotion of Tourism &

Sports Office Kavaratty

By Adv. Shri S Radhakrishnan

This case coming up for final hearing on 23.09.2014 and

this Tribunal-cum-Labour Court on 26.09.2014 passed

the following:

AWARD

In exercise of the powers conferred by clause (d) of

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

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

Central Government/Ministry of Labour vide its Order

No-L-42012/30/2013-IR(DU) dated 31.05.2013 referred

the industrial dispute scheduled thereunder to this

tribunal for adjudication.

2. The dispute is:

‘Whether the action of the Society For Promotion of

Tourism and Sports in denying the demand of Shri

Pookunhi, K. and 16 others to regularize their

employment is correct? (list enclosed) If not what

relief they are entitled to?’

3. After service of summons workmen Nos.1,3,4,6

and 11 to 14 entered appearance and others remained

ex-parte. Those workmen who had entered appearance

did not file any claim statement in spite of granting several

adjournments. Afterwards they were continuously

absenting themselves without any representation and

hence they were also set ex-parte.

4. Management has not taken any endeavour to

substantiate that the demand of those workmen to

regularize their employment is not correct though

opportunity was given for that purpose. As the workmen

remained ex-parte without filing any claim statement it

can be held that there exists no dispute and hence ‘no

dispute award’ is passed in this case. The reference is

answered accordingly.

Dictated to the Personal Assistant, transcribed and

typed by her, corrected and passed by me on this the 26th

day of September, 2014.

D. SREEVALLABHAN, Presiding Officer

APPENDIX

-

NIL

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2784-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dsujk 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;] cSaxyksj ds iapkV (lanHkZ la- 119@1997) dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 20-10-2014 dks izkIr gqvk FkkA

¹la- ,y&12012@86@1995&vkbZvkj (ch&II)º

jfo dqekj] MsLd vf/dkjh

New Delhi, the 20th October, 2014

S.O. 2784.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 119/

1997) of the Cent. Govt. Indus. Tribunal-cum-Labour

Court, Bangalore as shown in the Annexure, in the

Industrial Dispute between the management of the Canara

Bank, and their workmen, received by the Central

Government on 20.10.2014.

[No. L-12012/86/1995-IR (B-II)]

RAVI KUMAR, Desk Officer

6930

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUS-

TRIAL TRIUBNAL-CUM-LABOUR COURT,

YESWANTHPUR, BANGALORE

Dated : 9th July 2014

PRESENT :

Shri S N NAVALGUND, Presiding Officer

C R No. 119/1997

I Party

Sri S Rajanna,S/o S Siddaiah,Thippasandra Hobli, Magadi

Taluk, Sankighatta, Bangalore District.

II Party

The General Manager (Personnel), Canara Bank, C.O., NO.

86,M G Road, Bangalore – 560 001.

Appearances:

I Party

:

Ms. K Sarojini Muthanna, Advocate

II Party

:

Shri T R K Prasad, Advocate

AWARD

1.

The Central Government vide order No. L-12012/

186/95-IR(B-II) dated 29.02.1996 in exercise of the power

conferred by clause (d) of sub-section (1) and sub-section

(2A) of Section 10 of the Industrial Disputes Act, 1947 (14

of 1947) made this reference for adjudication with the

following schedule:

SCHEDULE

“Whether the management of Canara Bank,

Bangalore is justified in dismissing Sri S. Rajanna,

Staff No. 28236, Clerk from service w.e.f. 20.10.90? If

not, what relief is Sri Rajanna entitled to and from

which date?”

2.

On receipt of the reference while registering it in C R

119/1997 when notices were issued to both the sides the I

Party workman and the II Party management appeared

through their respective advocates and the I party claim

statement came to be filed on 20.11.1997 and the counter

statement of the II Party on 05.01.1999.

3.

After completion of the pleadings my learned

predecessor while raising a Preliminary Issue as to

“Whether the II Party proves that the Domestic

Enquiry conducted against I Party workman was in

accordance with settled principles of law, Bipartite

Settlement and principles of natural justice?”,

receiving evidence of the Enquiry Officer for the II Party

and of the I Party workman and hearing their learned

advocates by order dated 26.07.1999 answered the said

issue in the affirmative i.e., the Domestic Enquiry held

against the I party by the II Party is Fair and Proper and

then another succeeding Presiding Officer after hearing

the arguments of the learned advocates appearing for both

sides on merits by award dated 17.10.2002 rejected the

reference. The said Award was when challenged by the I

Party before the Hon’ble High Court of Karnataka in

W P No. 51546/2003 (L-TER), the Hon’ble High Court by

order dated 14.08.2007 arriving at conclusion this court

did not apply its mind as to the defence taken by the

claimant/I Party and more over he was not given an

opportunity to represent his case quashed the said award

and remitted back the reference for fresh consideration in

accordance with law after affording an opportunity to the

claimant/I Party if need be to the management and then

pass the orders. On receipt of the order of the Hon’ble

High Court of Karnataka again re-registering the reference

in its original number when notices were issued to both

the sides they entered their appearance through their

respective advocates and on application by the advocate

for the I Party he was allowed to lead evidence on the

points of victimization and being not gainfully employed

and accordingly he filed his affidavit and examined himself

as WW 1 (V) and was cross-examined by the learned

advocate for the II party and no rebuttal evidence adduced

on behalf of the II Party. Then the arguments addressed

by learned advocates appearing for both sides were heard.

4.

The brief facts leading to this reference and award

may be stated as under.

5.

The I Party who joined the services of the II party

bank as probationary clerk and was serving at its Kunigal

Branch, on 09.11.1989 he was placed under suspension

alleging that he has committed certain gross misconduct

and then by obtaining an investigation done on the alleged

misconduct through Sh. S Gurunath issued with charge

sheet dated 07.03.1990 as under :

“Charge Sheet

You are working at our Kunigal branch since

02.12.1985.

On 18.10.89, you were working in the department

comprising Current Account/OD/OCC/VSL/GL and minor

subsidiaries. On that day, you told the Second Line

Manager Sri G R Rao that some of the operative Current &

OD Account-holders have inoperative Current Accounts

and you would transfer the balance in such inoperative

accounts to operative accounts of the parties and prepared

the following Debit & Credit slips:

Debit from

Credit to

Amount

Inoperative Current Account Operative OD A/c

of Sri B K Gopalakrishna

No. of Sri B.K.

Gopalakrishna

Rs. 960/-

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6931

Inoperative Current Account Operative Current

of Sri Jayaprakash

A/c. of Sri K

Rs. 187.11

Jayaprakash

Inoperative Current Account Operative Current

of M/s. Sudha Printers

A/c. of M/s. Sudha

Rs. 290/-

Printers

Inoperative Current Account Operative Current A/c.

of M/s. Siddeshwara Service

of M/s. Siddeshwara

Station

Fertilisers

Rs. 5700/-

You had taken the above slips personally to Sri G R

Rao, Second Line Manager, surpassing the Current

Account Supervisor Sri K Anjanappa on the plea that the

transfer of funds from the inoperative accounts was to be

authorised only by Manager. Since the Manager was busy,

he had authenticated the slips without verification.

While verifying the above slips on 23.10.89, Sri G. R.

Rao, II Line Manager, observed that you had transferred a

sum of Rs. 5700/- from Inoperative Current Account of

M/s. Siddeswara Service Station to M/s. Siddeshwara

Fertilisers knowing very well that the Proprietors of the

above firms are different.

The investigation in the matter has revealed that

you had contacted Sri K R Sadashiva, Proprietor of M/s.

Siddeshwara Fertilisers on 17.10.89 evening & 18.10.89

morning and informed him that you had been sanctioned

a Crop Loan and the fertiliser component of Rs. 5700/-

would be credited to Current Account of M/s. Siddeshwara

Fertilsers. You further told Sri K R Sadashiva to pay you

Rs. 5200/- and to adjust the remaining Rs. 500/- towards

the amount you owed to him. Accordingly, Sri K R

Sadashiva came to the branch on 18.10.89 & drew a Self

cheque for Rs. 5200/- obtained the token No. 12 and handed

over the token No. 12 to you for collecting the amount.

Later you had collected the cash of Rs. 5200/- from the

Cashier.

On knowing from the Senior Manager that no crop

loan had been sanctioned to you and credit of Rs. 5700/-

given to the Current Account of M/s. Siddeshwara

Fertilisers on 18.10.89 was wrong one, Sri K R Sadashiva

instructed you to recredit the amount of Rs. 5700/-.

Accordingly, you had remitted cash of Rs. 2000/- on 2.11.89

& Rs. 3700/- on 9.11.89 to the Current Account of M/s.

Siddeshwara Fertilisers.

By your act of mis-representing the facts to the Bank

and to the customer and misappropriating the amount of

Rs. 5200/-, you have committed gross misconduct as per

Chapter XI Regulation 3 clause (j) of Canara Bank Service

Code.

All your above actions being prejudicial to the

interests of the Bank, you have committed gross

misconduct as per Chapter XI Regulation 3 clause (m) of

Canara Bank Service Code.

Deputy General Manager”

and ordered for holding Domestic Enquiry by appointing

Sri B V Janardhan, Manager as Enquiry Officer and S

Balasubramanya as Presenting Officer. Then the Enquiry

Officer securing the presence of I Party by issue of notice

observing the formalities of preliminary hearing while

receiving the evidence of Sri S Gurunath, Investigating

Officer; Sri A P Pai, Senior Manager; Smt. Sajeeda Begum,

Clerk; Sri G R Rao, II Line Manager; Sri K Anjanappa,

Officer; Sri C R Madhgastha, Clerk; Sri K R Sadashiva,

Proprietor, Siddeshwara Fertilisers, Kunigal tendered by

the Presenting Officer as MW s 1 to 7 respectively and

exhibiting Investigation report of Sri S. Gurunath; Statement

of Sri G R Rao, Manager, Kunigal Branch to Investigating

Officer; Statement of Sri S Rajanna, Clerk, Kunigal Branch

to Investigating Officer; Statement of Sri K R Sadashiva,

Proprietor, Siddeshwara Fertilisers, Kunigal to

Investigating Officer; Statement of Smt. Sajeeda Begum,

Clerk, Kunigal Branch, to Investigating Officer; Statement

of Sri R. Madhyastha, Clerk, Kunigal Branch, to

Investigating Officer; Statement of Sri B K N Murthy, Clerk,

Kunigal Branch, to Investigating Officer; Ledger Sheet

No. 902707 of Current Account No. 65 of M/s. Siddeshwara

Fertilisers; Ledger Sheet No. 686995 of CA 58 of

M/s. Siddeshwara Service Station; Current Account

Ledger Sheet 986950 of Current Account 61 of M/s. Sudha

Printers; Ledger Sheet No. 395017 of Current Account No.

3 of Sri B K Gopalakrishna; Subsidiary Sheet No. 176207

of Current Account (from 14.10.1989 to 9.11.1989); Current

Account Chalan dated 9.11.1989 for Rs. 3700/- in respect

of cash remitted to M/s. Siddeshwara Fertilisers; Current

Account pay in slip dated 2.11.1989 for Rs. 2000/- in the

account of M/s. Siddeshwara Fertilisers; Debit slip dated

18.10.1989 for Rs. 5700/- debiting inoperative a/c of

M/s. Siddeshwara Service Station; Credit slip dated

18.10.1989 for Rs. 5700/- credited to M/s. Siddeshwara

Fertilisers; Debit slip dated 18.10.1989 for Rs. 187.11

debiting inoperative Current Account of K. Jayaprakash;

Credit slip dated 18.10.1989 for Rs. 187.11 crediting

operative Current Account of Sri K Jayaprakash; Dedit

Slip for Rs. 290/- dated 18.10.1989 debiting M/s. Sudha

Printers (inoperative a/c); credit slip dated 18.10.1989 for

Rs. 290/- crediting OD a/c of M/s. Sudha Printers; Dr. slip

dated 18.10.1989 for Rs. 960/- debiting Current Account of

Sri B K Gopalakrishna; Credit Slip dated 18.10.1989 for

Rs. 960/- crediting OD A/c of Sri B K Gopalakrishna; Debit

Slip dated 14.10.1989 for Rs. 11896.45 crediting Current

Account inoperative ledger; Cheque No. 013683 dated

18.10.1989 for Rs. 5200/- drawn by M/s. Siddeshwara

Fertiliser, Current Account 65; Current Account balancing

book pertaining to Kunigal Branch (dated 14.10.1989 &

19.10.1989); Letter 10/HO/616/89 dated 27.10.1989 of

Kunigal Branch to Circle Office, Bangalore; Letter dated

20.3.1989 of Sri G R Rao, II Line Manager, Kunigal Branch;

Letter No. 10/HO/660/89 dated 6.11.1989 of Kunigal Branch

to Circle Office, Bangalore and Letter dated 6.11.1989 of

6932

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

Sri K R Sadashiva, Proprietor, Siddeshwara Fertilisers,

Kunigal as Ex.M-1 to Ex.M-31 respectively and after of

close the evidence of the management since the I Party

did not choose to examine any witnesses and rest

contended by giving his statement in writing after

receiving the written brief from the Presenting Officer and

the I Party preparing his enquiry finding the charge as

proved and the appropriate punishment would be dismissal

he issued a notice to the I Party on the same day i.e.

23.08.1990 to show cause why he should not recommend

for imposing the punishment of dismissal and after hearing

him on 05.09.1990 he submitted his enquiry finding to the

Disciplinary Authority proposing for dismissal and then

the Disciplinary Authority by his order dated 20.10.1990

accepted the enquiry finding and the proposal made by

the Enquiry Officer for inflicting the punishment of

dismissal and communicated the same to the I Party. Then,

the I Party when preferred appeal dated 07.03.1991 to the

General Manager, the Appellate Authority after affording

an opportunity of hearing to the I Party observing that

there were no reasons to interfere either with the findings

of the Enquiry Officer or the punishment imposed

dismissed the appeal by his order dated 20.11.1991. Then

the I Party after lapse of four years when approached the

Assistant Labour Commissioner (C), K G F for conciliation,

the said ALC(C) registering it in File No. 7(3)95-A/K since

submitted failure report to the Ministry, the Ministry made

this reference for adjudication on the following schedule :

“Whether the management of Canara Bank,

Bangalore is justified in dismissing Sri S. Rajanna,

Staff No. 28236, Clerk from service w.e.f. 20.10.90? If

not, what relief is Sri Rajanna entitled to and from

which date?”

6. Since as already adverted to by me above, my

learned predecessor has held the Domestic Enquiry

conducted by the II Party against the I Party as fair and

proper by order dated 26.07.1999 and same is not disturbed

in the Writ Petition filed by the I Party after award dated

17.10.2002 was passed and the evidence of the I party has

been received on the alleged victimization and being not

gainfully employed the points that now arises for my

consideration are:

Point No.1 : Whether the finding of the Enquiry

Officer the charge being proved is perverse?

Point No. 2 : If not, Whether the punishment of

dismissal imposed by the Disciplinary Authority accepting

the proposal made by the Enquiry Officer which has been

upheld by the Appellate Authority is disproportionate?

Point No. 3 : What Order/Award?

7. On appreciation of the pleadings, oral and

documentary evidence brought on record in the Domestic

Enquiry in the light of the arguments advanced before me

my finding on Point No. 1 and 2 are in the Negative and

Point No. 3 as per final order for the following

REASONS

8. Point No. 1 : Since the I Party in the Domestic

Enquiry unequivocally admitted that he did told the II

Line Manager Sh. G R Rao some of the operative, current

and OD Account holders have inoperative current

accounts and that he will transfer the balances from the

inoperative accounts to their operative accounts and that

accordingly he transferred amounts as indicated on page

2 of the Charge Sheet and also prepared the corresponding

debit and credit slips as mentioned therein and also had

taken the debit and credit slips in connection with the

transfer of amounts to II Line Manager, Sh. G R Rao without

bringing to the knowledge of Sh. K Anjanappa the Current

Accounts Supervisor of the branch and that on 18.10.1989

Sh. K R Sadashiva, Proprietor of Siddeshwara Fertilisers

came to the Bank and gave a self cheque for Rs. 5200.00

and obtained token No. 12 and handed over the same to

him for collecting the amount and accordingly he collected

cash of Rs. 5200.00 and further on 02.11.1989 and 09.11.1989

he did remit cash of Rs. 2000.00 and Rs. 3700.00 respectively

to the Current Account of Siddeshwara Fertilisers, the only

aspect that is to be seen is whether this act on the part of

I Party was bonafide or made inadvertently under the

impression that the proprietor of M/s. Siddeshwara Service

Station and M/s. Siddeshwara Fertilisers were one and

the same as tried to be made or tried to be explained by

him. Before I proceed to consider whether it was his

bonafide or inadvertent act, I wish to place here with regard

to his admission which I referred to above from his

statement to the Charge as well as the statement he has

given in his own hand writing after the evidence of the

management was concluded which reads as under :

the extract from the proceedings of the Enquiry Officer

dated 28.05.1990

“E.O. Please identify yourself.

CSE I am S.Rajanna, Staff No. 28236, Clerk (U/S) at

our Kunigal Branch.

E.O. Have you received the above referred

chargesheet

CSE Yes

E.O. Have you gone through the same and

understood its contents

CSE Yes

E.O. Do you admit the charges?

CSE I would like to make the following admissions:

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6933

(1) It is a fact that I told the II Line Mgr. of our

Branch Sri G R Rao that some of the operative current and

OD A/c Holders have inoperative current accounts and

that I will be transferring the balances in these inoperative

accounts to operative accounts of the parties.

(2) It is also a fact that I have transferred amounts

as indicated on page 2 of the charge sheet and also

prepared the corresponding debit and credit slips in these

connections i.e. (a) Rs. 960/- from the inoperative current

a/c of Sri B K Gopalakrishna to the operative OD a/c of

this party. (b) Rs. 187.11 from the inoperative current

a/c of Sri K Jayaprakash to his operative current a/c (c)

Rs. 290/- from the inoperative current a/c of M/s. Sudha

Printers to their operative current (d) Rs. 5700/- from the

inoperative current a/c of M/s. Siddeshwara Service

Station to operative current a/c of M/s. Siddeshwara

Fertilisers.

(3)It is also a fact that I had taken the debit and the

credit slips in connection with transfer of amounts as

above to II Line Mgr. of our Branch Sri G R Rao without

bringing this matter to the knowledge to Sri K Anjanappa

who was the current a/c supervisor of the Branch on the

basis that such transfer of funds from inoperative accounts

was to be authorised by the manager only.

(4) It is a fact that on 18.10.1989 Sri K R Sadashiva,

Proprietor of Siddeshwara Fertilisers came to our Kunigal

Branch and he has drawn a self cheque for Rs. 5200/-

and obtained token No. 12 and handed over the said token

to me for collecting the amount. It is also a fact that I

collected cash ; of Rs. 5200/- towards this from the cashier.

(5) It is a fact that on 2.11.1989 and 9.11.1989 I

remitted cash of Rs. 2000/- and Rs. 3700/- respectively to

the current a/c of Siddeshwara Fertlisers at the branch.

I deny all other allegations against me contained in

the above charge sheet.”

the extract from his statement given after the

evidence of the management

I admit that I had told the II Line Manager of our

Branch Sri G R Rao that I will be transferring some

inoperative current accounts to operative current account

and vice versa. I initiated the move to reduce the work

load and to make the department comprehensive.”

9. Moreover, the evidence adduced by management

on these aspects through MWs 2 to 6 has not been

challenged by their cross-examination. If at all the act of

the I Party transferring the amount of Rs. 5700.00 from

the inoperative account of M/s. Siddeshwara Service

Station to the operative account of M/s. Siddeshwara

Fertilisers was not qualified with any other involvement

of him in drawing that amount transferred to Siddeshwara

Fertilisers and recrediting the same his defence that the

act of transfer was bonafide or inadvertently made would

have been probable/acceptable but the evidence on record

adduced through MW 7 Sh. K R Sadashiva, Proprietor of

M/s. Siddeshwara Fertilisers when do suggest that just a

day before the amount was transferred i.e., 17.10.1989 and

also on the date on which the amount was transferred i.e.

18.10.1989 he did contact him i.e. Sh. K R Sadashiva/MW

7 to whose account M/s. Siddeshwara Fertilisers the

amount from M/s. Siddeshwara Service Station was

transferred and made him to believe that a crop loan of

Rs. 5700.00 sanctioned in his/I Party favour being credited

to his Current Account M/s. Siddeshwara Fertilisers

requested him to draw the said amount and to pay him

cash of Rs. 5200.00 after adjusting Rs. 500.00 taken from

him and accordingly on 18.10.1989 itself the said Sh. K R

Sadashiva, Proprietor of M/s. Siddeshwara Fertilisers

presented a Self cheque No. 013683 for Rs. 5200.00 and

handed over the token to him/I Party and he/I Party

collected that amount, in the absence of any evidence to

believe his/I Party version that he just collected that

amount on behalf of Sh. K R Sadashiva from the Cash

Counter and handed over it to Sh. K R Sadashiva the

imputation made against him cannot be disbelieved.

Though Sh. K R Sadashiva, Proprietor of M/s. Siddeshwara

Fertilisers examined as MW 7 in the enquiry categorically

confirmed the above fact appearing in his written statement

given to the Branch Manager as well as before the

Investigating Officer produced at Ex M-31 and M-4

respectively, I party has not challenged the same in his

cross-examination. What all he asked in his cross-

examination reads as under :

“CSE – It is alleged against me by the Bank that I

have taken Rs. 5200/- represented by Ex M26. Can you tell

me whether this is taken by me or you yourself?

MW 7 – the cash has been taken by Shri Rajanna

only.

CSE – You had given the token to me in respect of

this cheque. Have I not handed over the amount of

Rs. 5200/- to you?

MW 7 – I have not received the amount from

Shri Rajanna in respect of the Cheque 013863 for Rs. 5200/-

dt. 18.10.1990.”

10. Since the defence/version of I Party that Sh. K R

Sadashiva had given him the token just to collect the

amount from the cash counter and to hand over it to him

do suggest that he was very much acquainted with him as

such he was not knowing the Proprietor of M/s.

Siddeshwara Fertilisers and M/s. Siddeshwara Service

Station were different while making transfer is unbelievable.

If at all as tried to be made out by the I Party the Proprietor

of M/s. Siddeshwara Fertilisers namely Sh. K R Sadashiva

on 18.10.1989 after tendering the cheque for Rs. 5200.00

and collecting the token handed over the token to him/I

Party just to collect the amount and to hand over the same

6934

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

later on there was no reason for Sh. K R Sadashiva to

impute him/I Party as made out in his statement marked as

Ex M-4 and evidence given in the enquiry. Absolutely, no

reasons are brought out in the cross-examination of Sh. K

R Sadashiva/MW 7 for falsely implicating him in this

fashion. Under the circumstances, the explanation or

defence that is tried to be made out by the I Party is

unacceptable and there are no reasons to say that the

finding of the Enquiry Officer charge being proved as

perverse. Accordingly, I arrive at conclusion of answering

this Point in the negative.

11. Point No. 2 : Since the act on the part of the I

Party managing to transfer the balance in the inoperative

current account of M/s. Siddeshwara Service Station to

the Operative Current Account of M/s. Siddeshwara

Fertilisers the Proprietor of which were all together

different and collecting the said money from the

proprietor of M/s. Siddeshwara Fertilisers since amounts

to a grave misconduct continuing of whom in the services

of the Bank was unsafe in the interest of customers of the

Bank as well as the Bank, absolutely, I find no reasons to

say the punishment imposed against him by the

Disciplinary Authority Dismissing him from service as

disproportionate. Accordingly, I have arrived at

conclusion of answering this point in the Negative.

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

No. 1 and 2, I have no other go except to say the action of

the management as justified. In the result, I pass the

following

ORDER

The action of the management of Canara Bank,

Bangalore in dismissing Sri S. Rajanna, Staff No. 28236,

Clerk from service w.e.f. 20.10.1990 is justified and that

he is entitle for any relief.

(Typed to my dictation by UDC, corrected and signed

by me on 9th JULY, 2014)

S. N. NAVALGUND, Presiding Officer

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2785-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj bafM;u 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;] cSaxyksj ds iapkV (lanHkZ la- 73@2008) dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 20-10-2014 dks izkIr gqvk FkkA

¹la- ,y&12012@50@2008&vkbZvkj (ch&II)º

jfo dqekj] MsLd vf/dkjh

New Delhi, the 20th October, 2014

S.O. 2785.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 73/

2008) of the Cent. Govt. Indus. Tribunal-cum-Labour

Court, Bangalore as shown in the Annexure, in the

Industrial Dispute between the management of Indian

Bank, and their workmen, received by the Central

Government on 20.10.2014.

[No. L-12012/50/2008-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIUBNAL-CUM-LABOUR COURT,

YESWANTHPUR, BANGALORE

DATED : 16th JULY, 2014

PRESENT :

Shri S N NAVALGUND, Presiding Officer

C R No. 73/2008

I Party

Sh. Suryakant S Ratkalle,Indian Bank, C/o Ram Mahaev

Apte, Advocate, 1668/3, Ramling Khind, BELGAUM –

590 001.

II Party

The Branch Manager,Indian Bank,Khade Bazar Branch,

BELGAUM.

Appearances:

I Party

:

Shri R M Apte Advocate

II Party :

Shri G N Raichur Advocate

AWARD

1.

The Central Government vide order No. L-12012/50/

2008-IR(B-II) dated 17.10.2008 in exercise of the power

conferred by clause (d) of sub-section (1) and sub-section

(2A) of Section 10 of the Industrial Disputes Act, 1947 (14

of 1947) made this reference for adjudication with the

following schedule:

SCHEDULE

“Whether the alleged illegal termination and claim

for reinstatement into service with backwages by

Sri Suryakant S. Ratkalle against the management of

Indian Bank is legal and justified? What relief the

workman is entitled to?”

2.

On receipt of the reference while registering it in C R

73/2008 when notices were issued to both sides they

entered their appearance through their respect advocates

and claim statement came to be filed on 03.03.2010 and

counter statement on 24.11.2010.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6935

3.

The I party in his claim statement asserts that he

was taken by the II party as Casual Attender on Daily

Wages in the year 1992 and engaged intermittently for a

few days in a month till 1996 showing the payments made

by him in their records as miscellaneous expenses and

from May 1997 onwards till December 2000 his services

were taken continuously except the intervening holidays

and the days he availed leave and wages paid to him in the

year 1997 are debited as amount paid to an officer for TA

and in respect of the payments made to him from 1998

onwards till December 2000 as maintenance of premises

(MOP). It is further asserted that in the initial years the

rate of daily wages was Rs. 25/- later increased from time

to time upto Rs. 80/- and abruptly from 06.11.2000 it was

reduced to Rs. 50/- per day and with malafide intention his

service was discontinued for two weeks w.e.f. 13.11.2000

saying that thereafter he would be engaged for only two

weeks in a month. Then through his lawyers notice dated

20.11.2000 informed the said facts to the Chairperson and

Managing Director of the Bank with request to withdraw

the steps taken by the Belgaum Branch Manager of

unlawfully reducing the rate of wages and creating an

artificial break and to absorb him as a regular and permanent

employee of the Bank either in the existing vacancy at

Belgaum or at any other place convenient to him but the II

Party instead of giving due consideration to the contents

of the notice and redressing his legitimate grievances

informed its concerned officers to take action against him

and thereafter the Branch Manager on 07.12.2000 at the

end of the working hours informed him his services are no

more required from the following day which amounts to

illegal retrenchment within the meaning of Section 2(oo)

of the Industrial Dispute Act being violative of provisions

of Section 25(f) and 25(n). He has further asserted that

there were three sanctioned posts of Sub-staff and Sweeper

at the Belgaum Branch of the II Party namely One Daftry,

One Attender, One Sweeper and out of them on 29.02.1996

when Sh. Shankarlal Chauhan retired the same was vacant

and no regular permanent employee was appointed against

that vacancy, therefore, he is entitle for reinstatement in

the services of the Bank with full backwages and other

consequential benefits.

4.

The II party in its counter statement contends that

its recruitment rules for sub-staff either on permanent or

temporary basis are being as under :

“The General Manager in charge of HRM Department

at the Corporate Office should sanction the vacancy.

After getting the sanction, indent is required to be

placed with the employment exchange as per the

eligibility criteria duly signed by the Assistant

General Manager and counter signed by the Circle

Head.

On receiving the list of the candidates so sponsored

by the Employment Exchange, candidates to be

interviewed. After medical examination of the

candidates selected in the order of merit have to be

appointed in Bank service on probation.”

at no point of time it neither appointed nor issued any

appointment letter to the I Party as such there exists no

relationship of employer and employee between them as

such the dispute is outside the purview of the ID Act,

1947. It is further contended any engagement of the

I Party by the Branch if any is in accordance with Section

2(oo) (bb) of the ID Act, 1947 as such the contention of

the I Party that he is illegally retrenched does not hold any

water. It is also contended that in view of the observations

of the Hon’ble Supreme Court entertaining such claims

amounts to back door entry and is not permissible. It is

further contended that there is no oral termination as

alleged since its Branch Manager’s are not the appointing

authorities for the sub-staff and that every branch is given

daily maintenance allowance which will be spent by the

Branch Manager’s as per requirement and amount paid

from such fund cannot be treated as Wage as claimed by

the I Party. Further denying that there was vacancy and

against the same the I Party was engaged and that as per

its information he has been running a telephone booth as

such he is not entitle for any of the reliefs asked for by

him.

5.

After completion of the pleadings when the matter

was posted for evidence the Learned Advocate appearing

for the II party while filing the affidavit of Sh. B M

Parvathikar claims to have served as Branch Manager in

Belgaum Branch of the II Party from 1999 to 2002 examined

him on oath as MW 1 and closed his side, whereas, the

Learned Advocate appearing for the I Party while getting

exhibited letters addressed by MW 1 to other banks dated

22.10.1999, 15.11.1999, 15.02.2000, 03.03.2000, 24.05.2000

and 08.11.2000 under his signature; four debit slips dated

15.11.1999, 03.10.2000, 06.11.2000 and 09.11.2000 under his

signature; copy of the I Party application dated 12.12.2000

to furnish extract of the pass book along with the reply of

the then Manager; letter addressed by the Manager to I

Party regarding his request for New Pass Book as Ex W-1

to Ex W-11 and Ex W-1(a) to Ex W-10(a) in the cross-

examination of MW 1 by filing the affidavit of I Party

workman swearing to the facts of the claim statement

examining him on oath as WW 1 got exhibited copies of 15

letters issued by the Manager, Belgaum Branch to different

bank managers through I Party; copies of two consolidated

bills in respect of Honorarium of State Government Freedom

Fighters sent through I Party; copies of four vouchers for

having made payment to the I Party; copy of letter dated

18.01.2000 addressed by the Assistant General Manager

to the Zonal Office; copy of translation of news item in

6936

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

Tarun Bharat daily dated 15.01.1997; credit voucher dated

19.05.1998; two copies of lawyer notices dated 20.11.2000

and 16.01.2001; Original Pass Book in respect of I Party;

copy of letter addressed by one Angallar to the General

Secretary of Indian Bank Employees Union dated

24.05.1999 to take up the cause of I Party as Ex W-12 to Ex

W-14 series, Ex W-15 to Ex W-17, Ex W-18 series, Ex W-19

and Ex W-20. The learned counsel for the I Party also

while filing the affidavit of two ex-employees of the II

Party Bank namely Sh. P B Murgol and Smt. Shailaja K

Patil examined them as WW 2 and 3 respectively.

6.

With the above pleadings, oral and documentary

evidence, arguments addressed by both sides were heard.

7.

The learned advocate appearing for the I Party urged

that though the II party taken the services of I Party from

the year 1992 till 1996 intermittently paying daily wages

since shown it as miscellaneous expenses in its accounts

and taken his service continuously from May 1997 till

December 2000 for the payments made in the year 1997

shown as TA paid to Officer of the Bank and from May

1998 to December 2000 for maintenance of premises it is

an

unfair

labour

practice

played

by

the

II party bank as such denying him work from 08.12.2000

amounts to illegal retrenchment and he is entitle for

reinstatement, absorption as a permanent sub-staff, full

backwages and all other consequential benefits. In support

of his arguments he cited the decisions reported in ILR

2001 KAR 3407 between UPSRTC, Kanpur and another

vs. Roadways Karmachari Sanyukt Parishad, UP and 2013

LLR 1140 between State of Karnataka & others vs. H

Ganesh Rao and others. Interalia, the learned advocate

appearing for the II party urged that there being no iota of

evidence the I Party having continuously worked for 240

days in a calendar year nor evidence having received

wages his claim that he had intermittently worked between

1992 to 1996 and continuously from May 1997 to December

2000 being baseless and as there was no sanctioned post

of Sweeper the Branch Manager by making payment under

the amount allotted for maintenance might have taken the

services of I Party for the purpose of Sweeping and made

payments from such fund as such his claim that he is a

workman of the II Party and is entitle for reinstatement,

backwages, etc., is unsustainable.

8.

On appreciation of the pleadings, oral and

documentary evidence brought on record in the light of

the arguments put forward by the learned advocates for

both sides, I am of the opinion that I Party failed to prove

that his services was availed by the II Party against

sanctioned post intermittently between 1992 to 1996 and

continuously from May 1997 to December 2000 and

illegally terminated/ retrenched w.e.f. 08.12.2000 and that

he is entitle for reinstatement, backwages, continuity of

services etc., for the following

REASONS

9.

The I Party who alleges in the claim statement that

for his alleged services intermittently between 1992 to 1996

the payments made to him were debited as Miscellaneous

Expenses and the payments for his continuous service

from May 1997 till May 1998 as TA to an Officer and from

May 1998 to December 2000 as maintenance of premises

is not supported by any evidence except his allegations in

the claim statement and the self swearing statements in

his affidavit filed in lieu of the evidence and the bald

statements of two ex-employees examined as WW 2 and

WW 3 not probablised by any circumstances. Therefore,

the claim made on his behalf that his services on daily

wages were availed by the II Party against a vacant existing

post is not supported by any evidence. In the two decisions

cited by the Learned advocate appearing for the I Party

reported in ILR 2001 KAR 3407 and 2013 LLR 1140 on

facts it was held that the Services of a Workman were

being taken for long period against vacant existing post

on daily wages it was unfair labour practice on the part of

the management and those workmen were entitle for

regularisation/absorption prospectively from the date of

Award. From the evidence on record as urged on behalf

of the II party the Branch Manager of Belgaum Branch of

the II Party may have taken the services of I Party for the

purpose of Sweeping the premises making him payment

from the allowance provided under maintenance of

premises at his disposal and such payments made to the I

Party for his services cannot be treated as wages or him as

a workman of the II Party. Moreover, there being no

positive cogent evidence the I Party having continuously

worked for a period of 240 days in a calendar year just

allegedly asking him not to come to work from a date

alleged by him as 08.12.2000 it cannot be termed or treated

as an illegal retrenchment. Under the circumstances, I

have arrived at conclusion that the alleged illegal

termination and claim for reinstatement into service with

backwages by Sh. Suryakat Ratkalle is not legal and

justified and that he is not entitle for any relief. In the

result, I pass the following

ORDER

The Reference is Rejected holding that the alleged

illegal termination and claim for reinstatement into

service with backwages by Sri Suryakant S Ratkalle

against the management of Indian Bank is illegal

and not justified and he is not entitle for any other

relief.

(Typed to my dictation by U D C, corrected and signed by

me on 16th July 2014)

S. N. NAVALGUND, Presiding Officer

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6937

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2786-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dsujk 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;] cSaxyksj ds iapkV (lanHkZ la- 57@2007) dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 20-10-2014 dks izkIr gqvk FkkA

¹la- ,y&12012@91@2006&vkbZvkj (ch&II)º

jfo dqekj] MsLd vf/dkjh

New Delhi, the 20th October, 2014

S.O. 2786.—In pursuance of Section 17 of the

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

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

2007) of the Cent. Govt. Indus. Tribunal-cum-Labour

Court, Bangalore as shown in the Annexure, in the

Industrial Dispute between the management of the Canara

Bank, and their workmen, received by the Central

Government on 20.10.2014.

[No. L-12012/91/2006-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

YESWANTHPUR, BANGALORE

DATED : 29th September, 2014

PRESENT :

Shri S. N. NAVALGUND, Presiding Officer

C R No. 57/2007

I Party

Sh. V Munirathnam,No. 26/1, 8th Main Road,

Srinivasanagar, BANGALORE – 560 050.

II Party

The General Manager (P),Canara Bank, Head Office,

Personnel Wing, I R Section,112, J C Road,

BANGALORE – 560 002.

Appearances:

I Party

:

Shri Muralidhara, Advocate

II Party :

Shri T R K Prasad, Advocate

AWARD

1.

The Central Government vide order No. L-12012/91/

2006-IR(B-II) dated 20.04.2007 in exercise of the power

conferred by clause (d) of sub-section (1) and sub-section

(2A) of Section 10 of the Industrial Disputes Act, 1947 (14

of 1947) made this reference for adjudication with the

following schedule:

SCHEDULE

“Whether the action of the management of Canara

Bank in imposition of punishment of compulsory

retirement on Shri V Munirathnam, Ex-Clerk, Canara

Bank, Bevoor Branch, Bangalore Rural District w.e.f.

01.01.2001 is legal and justified? If not, what relief

the workman is entitled and from which date?”

2.

On receipt of the reference while registering it in CR

57/2007 when notice were issued to both the sides, they

entered their appearance through their respective advocate

and I party filed his claim statement on 17.08.2007 and II

Party its counter Statement on 28.03.2008.

3.

The I Party in his claim statement besides contending

that the enquiry finding was baseless and perverse and

that the enquiry was not conducted in fair and proper

manner and on the basis of such enquiry finding the

punishment of compulsory retirement imposed by the

Disciplinary Authority which is upheld by the Appellate

Authority is not sustainable etc., and the II Party in its

counter statement while contending that the Enquiry

Officer conducted the enquiry affording all fair and proper

opportunities to the CSE/I Party and based on the

evidence placed before him he submitted the enquiry

finding charge being proved and there after the

Disciplinary Authority affording an opportunity of hearing

giving cogent reasons taking into account the

I Party is a handicapped person imposed the punishment

of compulsory retirement though the punishment of

dismissal could have been imposed and on appeal the

Appellate Authority also while affording opportunity of

hearing giving cogent reasons having upheld the enquiry

finding and the punishment imposed there are no reasons

to interfere either in the finding of the Enquiry Officer or

the punishment imposed the reference is liable for rejection.

In view of the assertion of the I Party that the enquiry was

not fair and proper while framing a Preliminary Issue as to

Whether the Domestic Enquiry held against the

I Party by the II party is fair and proper?

receiving the evidence adduced by both the sides and

hearing their learned advocates the said issue was being

answered in the affirmative i.e., the Domestic Enquiry held

against the I Party by the II party is fair and proper, the I

Party was called upon to lead evidence on the points of

victimization if any and being not gainfully employed.

Accordingly, the Learned Advocate appearing for the

I Party while filing the affidavit of I Party examined him on

oath as WW 1 (V) and counsel for II Party who cross-

examined him did not lead any rebuttal evidence. Then

the arguments addressed by learned advocate appearing

for both sides were heard.

4.

The brief facts leading to this reference and award

may be stated as under.

5.

The I Party who was appointed as Clerk in the

II Party Bank on 09.02.1981 while serving at its Bevoor

Branch on 17.06.2000 served with the charge sheet as

under :

“CHARGE SHEET

You are working as Clerk at our Bevoor branch since

30th May 1998.

6938

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

You are in the habit of remaining absent more

frequently and unauthorisedly, without intimation,

submitting proper leave application or obtaining

prior permission/sanction from the Competent

Authority, in utter violation of leave rules of the

Bank.

You were earlier charge sheeted on 6 occasions for

remaining absent unauthorisedly in violation of

leave rules of the Bank and appropriate punishment

were imposed on you. The details are furnished

below:

CHARGE SHEET NO.

DATE

PUISHMENT AWARDED

BLC:DAC:600:E.37:

22.4.91

Warned

CH 52/91

BLC:DAC:2006:E.37:

07.2.92

Stoppage of inc. for 6 months

CH 6/92

BLC:DAC:2055:E.37:

22.4.93

Stoppage of inc. for 6 months

CH30/93

BLC:DAC:301:E.37:

14.2.97

Stoppage of 1 inc. for 1 Year

CH 12/97

BLC:DAC:3017:E.37:

17.4.98

Stoppage of four increments

CH 8/98

Inspite of initiating disciplinary action and imposing

appropriate punishments as stated above, you have

neither chosen to improve your leave record nor

adhere to the leave rules of the Bank, thereby

affecting the smooth functioning of the branch.

In the instant case, you are remaining absent from

duties since 16.8.1999. You had, vide your letter dt.

16.8.99, received by the branch on 8.9.99, requested

for appropriate category of leave for the period from

16.8.99 to 8.9.99. You should have reported back for

duties on 9.9.99. However, you have sought

extension of leave vide your application dated

10.9.99, 1.10.99, 20.10.99 and 16.1.99 received by the

branch on 22.9.99, 16.10.99, 20.10.99 and 3.12.99

respectively till 4.12.99.

Staff Section (W), BCD vide their letter No.

BLSW:E.13:24971:99 dt. 11.12.99 had instructed you

to report back for duties immediately. However, you

had failed to report back for duties and continued to

remain absent unauthorisedly. The above letter sent

to your last known address has been returned

undelivered.

You have, further sought extension of leave from

24.12.99 to 22.1.2000 on the ground of sickness. You

have not submitted the leave application for the

period from 5.12.99 to 23.12.99.

An employee seeking privilege leave has to give

requisite one month’s notice and obtain sanction

before proceeding on leave. Similarly, an employee

seeking leave on medical grounds has to submit the

leave application immediately on remaining absent,

duly supported by a Medical Certificate issued by a

Regd. Medical Practitioner recommending leave for

a specified period. The Medical fitness Certificate

has to be submitted while rejoining the duties. The

employee seeking extention of leave has to submit

the leave application before the expiry if the leave

period already sought/ sanctioned and obtain

sanction before the commencement of extended

period of leave.

You have failed to comply with the above

requirements of the leave rules of the Bank. Your

leave record is dismal reflection of your poor

attendance to the Bank and scant regard you have

towards adherence to the leave rules of the Bank.

So far, your absence for 285 days have been treated

as on ‘Loss of Pay’, besides treating 1142 days as

‘Absence without leave’ and hence on ‘Loss of Pay’.

By your above action of remaining absent

continuously and unauthorisedly for a period of more

than 30 days, you have committed ‘GROSS

MISCONDUCT’ within the meaning of Chapter XI,

Regulation 3, Clause (r) of Canara Bank Service Code.

By your above action of not adhering to the leave

rules of the Bank inspite of clear instructions from

your higher authorities, you have disobeyed the

lawful instructions of your superiors and committed

Gross Misconduct within the meaning of Chapter

XI Regulation 3(d) of Canara Bank Service Code.

Your actions being prejudicial to the interest of the

Bank, you have also committed ‘Gross Misconduct’

within the meaning of Chapter XI Regulation3,

Clause (m) of Canara Bank Service Code.

DEPUTY GENERAL MANAGER”

6.

On I Party in his reply dated 14.07.2000 without

disputing being charge sheeted and punished earlier as

mentioned in the charge sheet since stated as his sister

lost her husband in May 1999 and became a psychic

patient he had to look after her treatment and conduct

ceremonies of his brother-in-law and in August 1999 he

lost his another uncle who was issueless he had to perform

his ceremonies and rights and added to it as he slipped

down and sustained hurt in left leg which has limited

movements and has become immobilized he was to take

treatment at his native place with nati vaidya and due to

this unfortunate incidents he was compelled to remain

absent and that he submitted leave applications and sent

telegram to the branch for sanction of leave from 05.12.1999

to 24.12.1999 and that its letter No. BLSW/E13/24971/99

dated 11.12.1999 was not delivered as he was in native

place taking treatment for the injury to his left leg the

absence may be viewed leniently and sympathetically. The

Disciplinary Authority being not satisfied with the said

reply which was not accompanied with any material/

enclosures supporting the facts he narrated in the reply

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6939

ordered for holding the Domestic Enquiry appointing

Sh. V R Iyengar as Enquiry Officer and Sh. P Shivaramu as

Presenting Officer by orders dated 24.07.2000. Then the

Enquiry Officer while causing the notice to the CSE/I Party

and the management representative securing their

presence observing the formalities of preliminary hearing

while recording the evidence of Sh. G S V Babu, Officer

and Sh. S Narasinga Rao as MWs 1 and 2 and exhibiting

Charge Sheet No. BLC:DAC:600:E-37:CH-52/91 dated

22.04.1991; Proceedings dated 27.05.1991 imposing the

punishment of Warning in respect of the above charge

sheet; Charge Sheet No. BLC:DAC:2006-E-37:CH-6/92

dated 07.02.1992; Proceedings dated 30.04.1992 imposing

the punishment of Stoppage of increment for a period of

six months without cumulative effect; Charge Sheet No.

BLC:DAC:2055:E-37:CH-38/93 dated 22.04.1993;

Proceedings dated 30.06.1993 imposing the punishment

of Stoppage of increment for a period of six moths with

cumulative effect; Charge Sheet No. BLC:DAC:2008:E-37

89/94 dated 17.11.1994; Proceedings dated 29.12.1994

imposing the punishment of ‘CENSURE’; Charge Sheet

No. BLC:DAC:3014:E-37:CH-12/97 dated 14.02.1997;

Proceedings dated 19.03.1997 imposing the punishment

of ‘Stoppage of increment for a period of one year with

cumulative effect’; Charge Sheet No. BLC:DAC:3017:E-

37:CH8/98 dated 17.04.1998; Proceedings dated

09.09.1998 imposing the punishment of ‘Stoppage of four

increments with cumulative effect’; Letter of I Party dated

16.08.1999 requesting for leave from 16.08.1999 to

08.09.1999; letter of I Party dated 10.09.1999 requesting

for extension of leave till 30.09.1999; letter of I Party

dated 28.10.1999 requesting for extension of leave till

16.10.1999; letter of I Party dated 20.10.1999 requesting

for extension of leave till 13.11.1999; letter of I Party

dated 16.11.1999 requesting for extension of leave till

04.12.1999; letter addressed to I Party dated 11.12.1999

requesting the I Party to join the duty within 3 days from

the date of receipt of this letter; Undelivered cover sent

to I Party bearing Ref. No. RL/2725/16.12.99/BLR; letter

of I Party dated 25.12.1999 requesting for extension of

leave till 22.01.2000; Circular No. 499/85 dated 18.12.85

on leave rules/norms for workmen and Proceedings dated

28.10.1999 showing that his absence from duty from

01.10.1999 to 16.10.1999 has been treated as Loss of

Pay as MEX – 1 to MEx 23 and Telegram give by the

CSE for extension of leave; Leave Sanction letter dated

23.09.1999; 30.09.1999; 01.03.2000 ad 04.08.2000 as

DEx -1 to DEx - 5 for the CSE as CSE submitted that he

has no witnesses to examine after receiving the written

briefs of the management representative and Defence

Representative submitted his report dated 17.10.2000 the

charge being proved. Then the Disciplinary Authority

while sending the copy of the enquiry report calling for

explanation and affording an opportunity of hearing by

his order dated 01.01.2001 imposed the punishment of

compulsory retirement and on appeal by the CSE/I Party

the Appellate Authority after affording him an opportunity

of hearing upheld the punishment imposed by the

Disciplinary Authority by his order dated 23.04.2002.

Then after lapse of about four years the CSE/I Party

approached the ALC(C), Bangalore for conciliation and

as the said conciliation failed it resulted in this reference.

7.

As already adverted to by me above the Domestic

Enquiry conducted against the I Party being held as fair

and proper and I Party has lead his evidence on the points

of victimization and being not gainfully employed and

arguments on merits have been heard the points that arise

now for my consideration are :

Point No.1 : Whether the I Party is able to

demonstrate the finding of the Enquiry Officer

being baseless or perverse necessitating the

interference by this tribunal?

Point No. 2 : If not, whether the punishment of

compulsory retirement imposed by the Disciplinary

Authority and upheld by the Appellate Authority

is disproportionate to the misconduct proved

against the I Party?

Point No. 3 : What Order/Award?

8.

On appreciation of the pleadings, evidence brought

on record in the Domestic Enquiry by both the sides, the

report of the Enquiry Officer, the orders passed by the

Disciplinary Authority and the Appellate Authority in

the lights of the arguments addressed by the learned

advocates appearing for both the sides my finding on Point

No. 1 and 2 are in the negative and Point No. 3 as per

final order for the following

REASONS

9.

The learned advocate appearing for the I Party while

referring to MEx-13, 14, 15, 16, 17, 18, 21 which are

the letter and telegram of the I Party seeking leave and

DEx-2, 3, 4 the orders sanctioning the leave urges that

all the leave applications being sanctioned/regularised

the charge of unauthorised absence is unsustainable as

such the Enquiry Officer ought to have held the charge

as not proved. With due respect to the learned advocate

appearing for the I Party from the above documents

referred to by him it is explicit that he did not apply for

leave before hand and submitted them at a later date

antedated, the first letter at MEX 13 was being received

in the office of the II Party seeking leave from 16.08.1999

to 08.09.1999 only on 08.09.1999 which is date

16.08.1999 but no evidence is produced even having

posted or forwarded this application on 16.08.1999.

Similar is the case with regard to the other applications

as well. Only because the II Party made sanction of leave

on these applications as evidenced under exhibit DEx 2,

3 and 4 it does not take away his act of habitually

remaining unauthorised absence without applying in

advance and getting the leave sanctioned. Moreover the

documentary evidence produced at exhibit MEx-1 to

MEx – 12 do indicate as stated in the charge sheet being

6940

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

punished on six occasions for his unauthorised absence.

Since the six prior punishments imposed after issuing

charge sheets being not at all challenged his claim that the

said charge sheets were issued only to frame him for the

purpose of termination of services is unacceptable. Since

the evidence on record do indicate his absence for

285 days were being treated as on Loss of Pay and

1142 days as Absence without leave and on Loss of Pay

and his last action of remaining absent continuously and

unauthorisedly for a period of 30 days without any reasons

being established the Enquiry Officer did not commit any

error in holding that the charge is proved. Besides his

remaining unauthorised absence for such a long period

he sleeping over the matter for over a period of 4 years

after the impugned order of compulsory retirement was

passed in approaching the ALC(C) suggest that he had

no mind to continue in the job. Though only delay in

raising the dispute is not a ground to reject the reference

on the ground of delay as no limitation is provided in the

Act as urged by the learned advocate appearing for the

I Party relying on the decision of the Apex Court reported

in 2011 (1) LLJ 615 SC, addition to this delay his act of

remaining unauthorised absence over a period of

1427 days as observed by me indicates that he had no

mind to continue the job. Therefore, absolutely I find no

reason to say the finding of the Enquiry Officer charge

being proved as baseless or perverse. Accordingly, I arrived

at conclusion of answering the Point No. 1 in the Negative.

10.

As urged on behalf of the II Party relying on the

decision of the Hon’ble Supreme Court in the case of

M/s. L&T Komatsu Limited vs. Mr. Uday Kumar reported

in 2008 LLR 113 leave not being a matter of right, habitual

absenteeism amounts to gross violation of discipline

punishment of dismissal being held justified in the instant

case also having regard to the habitual absenteeism of the

I Party is rightly taken into consideration by the

Disciplinary Authority and having regard to his disability

imposed with compulsory retirement instead of dismissal

which also could have been passed for this misconduct,

absolutely, I find no reason to say that the punishment

imposed being disproportionate. Under the circumstances,

having arrived at conclusion of answering this Point as

well in the Negative, I pass the following.

ORDER

The reference is rejected holding that the action of

the management of Canara Bank in imposition of

punishment of compulsory retirement on Shri V

Munirathnam, Ex-Clerk, Canara Bank, Bevoor Brach,

Bangalore Rural District w.e.f. 01.01.2001 is legal and

justified and that he is not entitle for any relief.

(Typed to my dictation by U D C, corrected and signed by

me on 29th September 2014)

S. N. NAVALGUND, Presiding Officer

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2787-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dkWy MSe

gkbMªks bysfDVªd ikoj izkstsDV] ,uVhihlh ,aM 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; paMhx<+ ds iapkV (lanHkZ la[;k 35@2009) dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 17@10@2014 dks izkIr gqvk FkkA

¹la- ,y&42012@120@2009&vkbZvkj (Mh;w)º

ih- osQ- os.kqxksiky] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O.

2787.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D No. 35/2009)

of the Central Government Industrial Tribunal-cum-Labour

Court No. II, Chandigarh now as shown in the Annexure

in the Industrial Dispute between the employers in relation

to the management of the Kol Dam Hydro Electric Power

Project, NTPC & Others and their workmen, which was

received by the Central Government on 17/10/2014.

[No. L-42012/120/2009-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH.

Present : Sri Kewal Krishan, Presiding Officer

Case No.35/2009

Registered on 19.3.2010

Sh. Beshriya Ram

S/o Sh. Bangali Ram,

Village Jamthal, PO Harnora,

Bilaspur.

...Applicant

Versus

1.

The General Manager, Kol Dam Hydro Electric Power

Project, NTPC, VPO Barmana, Bilaspur.

2.

Proj. Manager, Italian Thai Development Co. Ltd.,

Kol Dam Hydro Electric Power Project, Village

Kayam, PO Slapper, Tehsil. Sundernagar, Mandi.

3.

The Managing Dir., M/s. AKS Engineers and

Contractors Kol Dam Hydro Electric Power Project,

Sanjay Sadan, Chhota Shimla

...Respondents

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6941

APPEARANCES

For the workman

: Sh. M.S. Gorsi for the workman

For the Management

: Sh. V.P. Singh for respondent

No.1

Sh. H.R. Sharma for respondent

No.2

Respondent No.3 ex parte

AWARD

Passed on-- 21.8.2014

Vide Order No.L-42012/120/2009 (IR(DU)), dated

3.3.2010 the Central Government 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 (in

short Act) has referred the following industrial dispute for

adjudication to this Tribunal.

“Whether the action of the management of M/s AKS

Engineers & Contractors, in terminating the services

of their workman Sh. Beshriya Ram w.e.f. 31/7/2008

is legal and justified? If not, what relief the workman

is entitled to?”

In response to the notice, the workman submitted

statement of claim pleading that respondent No.1 is the

principal employer who is engaged for the construction of

‘Kol Dam Hydro Electric Power Project’ at Harmoda and

has given contract to respondent No.2 who in turn

engaged respondent No.3 as its sub-contractor. The

workman was engaged by respondent No.3 on 7.8.2004

where he worked till 1.8.2008 when his services were

retrenched.

Workman has challenged the retrenchment on the

ground that the persons junior to him were retained in

service and the management also appointed large number

of workers on the project after his retrenchment. It is also

pleaded that the management did not take permission from

the appropriate Government for effecting the retrenchment

and as such the retrenchment is illegal and he is deemed

to be in service.

The claim was contested by the NTPC i.e.

respondent No.1 as well as by the Italian Thai Development

Co. Ltd. who has been impleaded as respondent No.2,

whereas M/s AKS Engineers and Contractors who is

impleaded as respondent No.3 was proceeded against ex

parte.

Respondent No.1 filed written statement

controverting the averments and pleaded that workman

was never its employee and even not engaged by it.

Respondent No.2 in its separate written statement

pleaded that workman was engaged by respondent No.2

who retrenched his services on partial completion of work

after paying him Rs.9315/- in lieu of notice period and

retrenchment compensation. That work is not perennial

in nature. That the retrenchment is legal.

Parties were given opportunities to lead their

evidence.

In support of its case the workman has appeared in

witness box and filed his affidavit reiterating the case as

set out in the claim petition.

On the other hand Sh. Pankaj Kumar and Sh. H.R.

Sharma, appeared on behalf of respondent No.1 and 2 and

filed their affidavits reiterating the stand taken up in the

respective written statements.

I have heard Sh. M.S. Gorsi, counsel for the workman,

Sh. V.P. Singh, counsel for respondent No.1 and Sh. H.R.

Sharma for respondent No.2.

It was argued by Mr. M.S. Gorsi, learned counsel for

the workman that there is an unrebutted statement of the

workman to the effect that persons junior to the workman

were retained in service at the time of his retrenchment as

well the management employed several persons after the

retrenchment and therefore the retrenchment of the

workman is illegal.

I have considered the contention of the learned

counsel.

The workman has deposed in his affidavit that the

persons junior to him were retained in service and the

management also employed more persons after his

retrenchment. But he did not name the persons who were

junior to him and were retained in service at the time of his

retrenchment. Again he did not name the persons who

were employed by the management after retrenchment.

The workman was required to prove the said facts by

leading cogent evidence in order to claim the relief and his

bare statement that the persons junior to him were retained

in service and the management employed more persons

after his retrenchment do not carry any weight in the

absence of any documentary and other convincing

evidence on the file. Therefore it cannot be said that the

persons junior to the workman were retained in service or

more persons were employed by the management after his

retrenchment and there is any violation of Section 25G

and 25H of the Act. Rather the statement of Sh. H.R.

Sharma shows that workman was paid due compensation

as required under Section 25F of the Act at the time of

effecting the retrenchment and the same was to be effected

on account of partial completion of the work.

In result, it is held that action of the respondent

No.2 in terminating the services of the workman is legal

and the workman is not entitled to any relief and the

reference is answered against him. Let hard and soft copy

of the award be sent to the Central Government for further

necessary action.

KEWAL KRISHAN, Presiding Officer

6942

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2788-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dkWy MSe

gkbMªks bysfDVªd ikoj izkstsDV] ,uVhihlh ,aM 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; paMhx<+ ds iapkV (lanHkZ la[;k 26@2010) dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 17@10@2014 dks izkIr gqvk FkkA

¹la- ,y&42012@26@2010&vkbZvkj (Mh;w)º

ih- osQ- os.kqxksiky] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O.

2788.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D No. 26/2010)

of the Central Government Industrial Tribunal Cum Labour

Court No. II, Chandigarh now as shown in the Annexure

in the Industrial Dispute between the employers in relation

to the management of the Kol Dam Hydro Electric Power

Project, NTPC & Others and their workmen, which was

received by the Central Government on 17/10/2014.

[No. L-42012/26/2010-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH.

Present: Sri Kewal Krishan, Presiding Officer.

Case No.26/2010

Registered on 25.5.2010

Sh. Palwinder Singh

S/o Sh. Sunder Lal,

C/o Sh. Rajesh Kumar Sharma

President District CITU District Committee Mandi, 221/

10, thanera Mohalla, Mandi.

...Applicant

Versus

1.

The General Manager, Kol Dam Hydro Electric Power

Project, NTPC, VPO Barmana, Bilaspur.

2.

Proj. Manager, Italian Thai Development Co. Ltd.,

Kol Dam Hydro Electric Power Project, Village

Kayam, PO Slapper, Tehsil. Sundernagar, Mandi.

3.

The Managing Dir., M/s AKS Engineers and

Contractors Kol Dam Hydro Electric Power Project,

Sanjay Sadan, Chhota Shimla

...Respondents

APPEARANCES

For the workman

: Sh. M.S. Gorsi for the workman

For the Management : Sh. V.P. Singh for respondent

No.1

Sh. H.R. Sharma for respondent

No.2

Respondent No. 3 ex parte

AWARD

Passed on-- 21.8.2014

Vide Order No.L-42012/26/2010 (IR(DU)), dated

12.5.2010 the Central Government 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 (in short Act) has referred the following

industrial dispute for adjudication to this Tribunal.

“Whether the action of the management of M/s AKS

Engineers & Contractors, a sub contractor of M/s

Italian Thai Development Public Co. Ltd. of NTPC,

Kol dam in terminating the services of Sh.

Palwinder Singh w.e.f. 14/8/2008 is legal and

justified? If not, what relief the workman is entitled

to?”

In response to the notice, the workman submitted

statement of claim pleading that respondent No.1 is the

principal employer who is engaged for the construction

of ‘Kol Dam Hydro Electric Power Project’ at Harmoda

and has given contract to respondent No.2 who in turn

engaged respondent No.3 as its sub-contractor. The

workman was engaged by respondent No.3 on 23.8.2004

where he worked till 14.8.2008 when his services were

retrenched.

Workman has challenged the retrenchment on the

ground that the persons junior to him were retained in

service and the management also appointed large number

of workers on the project after his retrenchment. It is

also pleaded that the management did not take permission

from the appropriate Government for effecting the

retrenchment and as such the retrenchment is illegal and

he is deemed to be in service.

The claim was contested by the NTPC i.e.

respondent No.1 as well as by the Italian Thai

Development Co. Ltd. who has been impleaded as

respondent No.2, whereas M/s AKS Engineers and

Contractors who is impleaded as respondent No.3 was

proceeded against ex parte.

Respondent No.1 filed written statement

controverting the averments and pleaded that workman

was never its employee and even not engaged by it.

Respondent No.2 in its separate written statement

pleaded that workman was engaged by respondent No.2

who retrenched his services on partial completion of work

after paying him Rs.9075/- in lieu of notice period and

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6943

retrenchment compensation. That work is not perennial

in nature. That the retrenchment is legal.

Parties were given opportunities to lead their

evidence.

In support of its case the workman has appeared in

witness box and filed his affidavit reiterating the case as

set out in the claim petition.

On the other hand Sh. Pankaj Kumar and Sh. H.R.

Sharma, appeared on behalf of respondent No.1 and 2

and filed their affidavits reiterating the stand taken up in

the respective written statements.

I have heard Sh. M.S. Gorsi, counsel for the

workman, Sh. V.P. Singh, counsel for respondent No.1

and Sh. H.R. Sharma for respondent No.2.

It was argued by Mr. M.S. Gorsi, learned counsel

for the workman that there is an unrebutted statement of

the workman to the effect that persons junior to the

workman were retained in service at the time of his

retrenchment as well the management employed several

persons after the retrenchment and therefore the

retrenchment of the workman is illegal.

I have considered the contention of the learned

counsel.

The workman has deposed in his affidavit that the

persons junior to him were retained in service and the

management also employed more persons after his

retrenchment. But he did not name the persons who were

junior to him and were retained in service at the time of

his retrenchment. Again he did not name the persons

who were employed by the management after

retrenchment. The workman was required to prove the

said facts by leading cogent evidence in order to claim

the relief and his bare statement that the persons junior

to him were retained in service and the management

employed more persons after his retrenchment do not

carry any weight in the absence of any documentary and

other convincing evidence on the file. Therefore it cannot

be said that the persons junior to the workman were

retained in service or more persons were employed by

the management after his retrenchment and there is any

violation of Section 25G and 25H of the Act. Rather the

statement of Sh. H.R. Sharma shows that workman was

paid due compensation as required under Section 25F of

the Act at the time of effecting the retrenchment and the

same was to be effected on account of partial completion

of the work.

In result, it is held that action of the respondent

No.2 in terminating the services of the workman is legal

and the workman is not entitled to any relief and the

reference is answered against him. Let hard and soft

copy of the award be sent to the Central Government for

further necessary action.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2789-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dkWy MSe

gkbMªks bysfDVªd ikoj izkstsDV] ,uVhihlh ,aM vnlZ 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;] paMhx<+ ds iapkV (lanHkZ la[;k 31@2010) dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 17@10@2014 dks izkIr gqvk FkkA

¹la- ,y&42012@43@2010&vkbZvkj (Mh;w)º

ih- osQ- os.kqxksiky] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O.

2789.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D No. 31/2010)

of the Central Government Industrial Tribunal-cum-Labour

Court No. II, Chandigarh now as shown in the Annexure

in the Industrial Dispute between the employers in relation

to the management of the Kol Dam Hydro Electric Power

Project, NTPC & Others and their workmen, which was

received by the Central Government on 17/10/2014.

[No. L-42012/43/2010-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present : Sri Kewal Krishan, Presiding Officer

Case No.31/2010

Registered on 25.5.2010

Sh. Vijay Kumar

S/o Sh. Mela Ram,

C/o Sh. Rajesh Kumar Sharma

President District CITU District Committee Mandi,

221/10, Thanera Mohalla, Mandi.

Applicant

Versus

1.

The General Manager, Kol Dam Hydro Electric Power

Project, NTPC, VPO Barmana, Bilaspur.

2.

Proj. Manager, Italian Thai Development Co. Ltd.,

Kol Dam Hydro Electric Power Project, Village

Kayam, PO Slapper, Tehsil. Sundernagar, Mandi.

3.

The Managing Dir., M/s. AKS Engineers and

Contractors Kol Dam Hydro Electric Power Project,

Sanjay Sadan, Chhota Shimla

Respondents

6944

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

APPEARANCES

For the workman

: Sh. M.S. Gorsi for the workman

For the Management

: Sh. V.P. Singh for respondent

No. 1

Sh. H.R. Sharma for respondent

No. 2

Respondent No.3 ex parte

AWARD

Passed on : 21.8.2014

Vide Order No.L-42012/43/2010 (IR(DU)), dated

12.5.2010 the Central Government 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 (in

short Act) has referred the following industrial dispute for

adjudication to this Tribunal.

“Whether the action of the management of

M/s. AKS Engineers & Contractors, a sub contractor

of M/s. Italian Thai Development Public Co. Ltd. of

NTPC, Kol dam in terminating the services of

Sh. Vijay Kumar w.e.f. 14/8/2008 is legal and justified?

If not, what relief the workman is entitled to?”

In response to the notice, the workman submitted

statement of claim pleading that respondent No.1 is the

principal employer who is engaged for the construction of

‘Kol Dam Hydro Electric Power Project’ at Harmoda and

has given contract to respondent No.2 who in turn

engaged respondent No.3 as its sub-contractor. The

workman was engaged by respondent No.3 on 7.8.2004

where he worked till 3.9.2008 when his services were

retrenched.

Workman has challenged the retrenchment on the

ground that the persons junior to him were retained in

service and the management also appointed large number

of workers on the project after his retrenchment. It is also

pleaded that the management did not take permission from

the appropriate Government for effecting the retrenchment

and as such the retrenchment is illegal and he is deemed

to be in service.

The claim was contested by the NTPC i.e.

respondent No.1 as well as by the Italian Thai Development

Co. Ltd. who has been impleaded as respondent No.2,

whereas M/s. AKS Engineers and Contractors who is

impleaded as respondent No.3 was proceeded against ex

parte.

Respondent No.1 filed written statement

controverting the averments and pleaded that workman

was never its employee and even not engaged by it.

Respondent No.2 in its separate written statement

pleaded that workman was engaged by respondent No.2

who retrenched his services on partial completion of work

after paying him Rs.11,340/- in lieu of notice period and

retrenchment compensation. That work is not perennial

in nature. That the retrenchment is legal.

Parties were given opportunities to lead their

evidence.

In support of its case the workman has appeared in

witness box and filed his affidavit reiterating the case as

set out in the claim petition.

On the other hand Sh. Pankaj Kumar and Sh. H.R.

Sharma, appeared on behalf of respondent No.1 and 2

and filed their affidavits reiterating the stand taken up in

the respective written statements.

I have heard Sh. M.S. Gorsi, counsel for the

workman, Sh. V.P. Singh, counsel for respondent No.1

and Sh. H.R. Sharma for respondent No.2.

It was argued by Mr. M.S. Gorsi, learned counsel

for the workman that there is an unrebutted statement of

the workman to the effect that persons junior to the

workman were retained in service at the time of his

retrenchment as well the management employed several

persons after the retrenchment and therefore the

retrenchment of the workman is illegal.

I have considered the contention of the learned

counsel.

The workman has deposed in his affidavit that the

persons junior to him were retained in service and the

management also employed more persons after his

retrenchment. But he did not name the persons who were

junior to him and were retained in service at the time of

his retrenchment. Again he did not name the persons

who were employed by the management after

retrenchment. The workman was required to prove the

said facts by leading cogent evidence in order to claim

the relief and his bare statement that the persons junior

to him were retained in service and the management

employed more persons after his retrenchment do not

carry any weight in the absence of any documentary and

other convincing evidence on the file. Therefore it cannot

be said that the persons junior to the workman were

retained in service or more persons were employed by

the management after his retrenchment and there is any

violation of Section 25G and 25H of the Act. Rather the

statement of Sh. H.R. Sharma shows that workman was

paid due compensation as required under Section 25F of

the Act at the time of effecting the retrenchment and the

same was to be effected on account of partial completion

of the work.

In result, it is held that action of the respondent

No.2 in terminating the services of the workman is legal

and the workman is not entitled to any relief and the

reference is answered against him. Let hard and soft

copy of the award be sent to the Central Government for

further necessary action.

KEWAL KRISHAN, Presiding Officer

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6945

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2790-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dkWy MSe

gkbMªks bysfDVªd ikoj izkstsDV] ,uVhihlh ,aM vnlZ 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; paMhx<+ ds iapkV (lanHkZ la[;k 24@2010) dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 17@10@2014 dks izkIr gqvk FkkA

¹la- ,y&42012@33@2010&vkbZvkj (Mh;w)º

ih- osQ- os.kqxksiky] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O.

2790.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D No. 24/2010)

of the Central Government Industrial Tribunal-cum-Labour

Court No. II, Chandigarh now as shown in the Annexure

in the Industrial Dispute between the employers in relation

to the management of the Kol Dam Hydro Electric Power

Project, NTPC & Others and their workmen, which was

received by the Central Government on 17/10/2014.

[No. L-42012/33/2010-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sri Kewal Krishan, Presiding Officer

Case No. 24/2010

Registered on 25.5.2010

Sh. Chaman Lal,

S/o Sh. Niranjan,

Village Chhatwar,

PO Maloh, Tehsil Sundernagar,

Mandi.

...Applicant

Versus

1.

The General Manager, Kol Dam Hydro Electric Power

Project, NTPC, VPO Barmana, Bilaspur.

2.

Proj. Manager, Italian Thai Development Co. Ltd.,

Kol Dam Hydro Electric Power Project, Village

Kayam, PO Slapper, Tehsil. Sundernagar, Mandi.

3.

The Managing Dir., M/s. AKS Engineers and

Contractors Kol Dam Hydro Electric Power Project,

Sanjay Sadan, Chhota Shimla

...Respondents

APPEARANCES

For the workman

: Sh. M.S. Gorsi for the workman

For the Management

: Sh. V.P. Singh for respondent

No. 1

Sh. H.R. Sharma for respondent

No.2

Respondent No.3 ex parte

AWARD

Passed on-- 21.8.2014

Vide Order No.L-42012/33/2010 (IR(DU)), dated

12.5.2010 the Central Government 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 (in

short Act) has referred the following industrial dispute for

adjudication to this Tribunal.

“Whether the action of the management of

M/s. AKS Engineers & Contractors, a sub contractor

of M/s. Italian Thai Development Public Co. Ltd. of

NTPC, Kol Dam in terminating the services of

Sh. Chaman Lal w.e.f. 13/8/2008 is legal and justified?

If not, what relief the workman is entitled to?”

In response to the notice, the workman submitted

statement of claim pleading that respondent No.1 is the

principal employer who is engaged for the construction of

‘Kol Dam Hydro Electric Power Project’ at Harmoda and

has given contract to respondent No.2 who in turn

engaged respondent No.3 as its sub-contractor. The

workman was engaged by respondent No.3 on 9.8.2004

where he worked till 14.8.2008 when his services were

retrenched.

Workman has challenged the retrenchment on the

ground that the persons junior to him were retained in

service and the management also appointed large number

of workers on the project after his retrenchment. It is also

pleaded that the management did not take permission from

the appropriate Government for effecting the retrenchment

and as such the retrenchment is illegal and he is deemed

to be in service.

The claim was contested by the NTPC i.e.

respondent No.1 as well as by the Italian Thai Development

Co. Ltd. who has been impleaded as respondent No.2;

whereas M/s. AKS Engineers and Contractors who is

impleaded as respondent No.3 was proceeded against ex

parte.

Respondent No.1 filed written statement

controverting the averments and pleaded that workman

was never its employee and even not engaged by it.

Respondent No.2 in its separate written statement

pleaded that workman was engaged by respondent No.3

who retrenched his services on partial completion of work

after paying him Rs.9075/- in lieu of notice period and

6946

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

retrenchment compensation. That work is not perennial

in nature. That the retrenchment is legal.

Parties were given opportunities to lead their

evidence.

In support of its case the workman has appeared in

witness box and filed his affidavit reiterating the case as

set out in the claim petition.

On the other hand Sh. Pankaj Kumar and Sh. H.R.

Sharma, appeared on behalf of respondent No.1 and 2

and filed their affidavits reiterating the stand taken up in

the respective written statements.

I have heard Sh. M.S. Gorsi, counsel for the

workman, Sh. V.P. Singh, counsel for respondent No.1

and Sh. H.R. Sharma for respondent No.2.

It was argued by Mr. M.S. Gorsi, learned counsel

for the workman that there is an unrebutted statement of

the workman to the effect that persons junior to the

workman were retained in service at the time of his

retrenchment as well the management employed several

persons after the retrenchment and therefore the

retrenchment of the workman is illegal.

I have considered the contention of the learned

counsel.

The workman has deposed in his affidavit that the

persons junior to him were retained in service and the

management also employed more persons after his

retrenchment. But he did not name the persons who were

junior to him and were retained in service at the time of

his retrenchment. Again he did not name the persons

who were employed by the management after

retrenchment. The workman was required to prove the

said facts by leading cogent evidence in order to claim

the relief and his bare statement that the persons junior

to him were retained in service and the management

employed more persons after his retrenchment do not

carry any weight in the absence of any documentary and

other convincing evidence on the file. Therefore it cannot

be said that the persons junior to the workman were

retained in service or more persons were employed by

the management after his retrenchment and there is any

violation of Section 25G and 25H of the Act. Rather the

statement of Sh. H.R. Sharma shows that workman was

paid due compensation as required under Section 25F of

the Act at the time of effecting the retrenchment and the

same was to be effected on account of partial completion

of the work.

In result, it is held that action of the respondent

No.2 in terminating the services of the workman is legal

and the workman is not entitled to any relief and the

reference is answered against him. Let hard and soft

copy of the award be sent to the Central Government for

further necessary action.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2791-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dkWy MSe

gkbMªks bysfDVªd ikoj izkstsDV] ,uVhihlh ,aM vnlZ 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; paMhx<+ ds iapkV (lanHkZ la[;k 30@2010) dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 17@10@2014 dks izkIr gqvk FkkA

¹la- ,y&42012@23@2010&vkbZvkj (Mh;w)º

ih- osQ- os.kqxksiky] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O.

2791.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D No. 30/2010)

of the Central Government Industrial Tribunal-cum-Labour

Court No. II, Chandigarh now as shown in the Annexure

in the Industrial Dispute between the employers in relation

to the management of the Kol Dam Hydro Electric Power

Project, NTPC & Others and their workmen, which was

received by the Central Government on 17/10/2014.

[No. L-42012/23/2010-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sri Kewal Krishan, Presiding Officer

Case No. 30/2010

Registered on 25.5.2010

Sh. Tej Prakash S/o Late Sh. Dila Ram, C/o Sh. Rajesh

Kumar Sharma President District CITU District Committee

Mandi, 221/10, Thanera Mohalla, Mandi.

...Applicant

Versus

1.

The General Manager, Kol Dam Hydro Electric Power

Project, NTPC, VPO Barmana, Bilaspur.

2.

Proj. Manager, Italian Thai Development Co. Ltd.,

Kol Dam Hydro Electric Power Project, Village

Kayam, PO Slapper, Tehsil. Sundernagar, Mandi.

3.

The Managing Dir., M/s. AKS Engineers and

Contractors Kol Dam Hydro Electric Power Project,

Sanjay Sadan, Chhota Shimla

....Respondents

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6947

APPEARANCES :

For the Workman

: Sh. M.S. Gorsi for the workman

For the Management

: Sh. V.P. Singh for Respondent

No.1

Sh. H.R. Sharma for Respondent

No. 2

Respondent No.3 ex parte

AWARD

Passed on : 21.8.2014

Vide Order No. L-42012/23/2010-IR(DU)), dated

12.5.2010 the Central Government 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 (in

short Act) has referred the following industrial dispute for

adjudication to this Tribunal.

“Whether the action of the management of M/s.

AKS Engineers & Contractors, a sub contractor of

M/s. Italian Thai Development Public Co. Ltd. of

NTPC, Kol dam in terminating the services of Sh. Tej

Prakash w.e.f. 14/8/2008 is legal and justified? If

not, what relief the workman is entitled to?”

In response to the notice, the workman submitted

statement of claim pleading that respondent No.1 is the

principal employer who is engaged for the construction of

‘Kol Dam Hydro Electric Power Project’ at Harmoda and

has given contract to respondent No.2 who in turn

engaged respondent No.3 as its sub-contractor. The

workman was engaged by respondent No.3 on 23.8.2004

where he worked till 14.8.2008 when his services were

retrenched.

Workman has challenged the retrenchment on the

ground that the persons junior to him were retained in

service and the management also appointed large number

of workers on the project after his retrenchment. It is also

pleaded that the management did not take permission from

the appropriate Government for effecting the retrenchment

and as such the retrenchment is illegal and he is deemed

to be in service.

The claim was contested by the NTPC i.e.

respondent No.1 as well as by the Italian Thai Development

Co. Ltd. who has been impleaded as respondent No.2,

whereas M/s. AKS Engineers and Contractors who is

impleaded as respondent No.3 was proceeded against ex

parte.

Respondent No.1 filed written statement

controverting the averments and pleaded that workman

was never its employee and even not engaged by it.

Respondent No.2 in its separate written statement

pleaded that workman was engaged by respondent No.2

who retrenched his services on partial completion of work

after paying him Rs.9075/- in lieu of notice period and

retrenchment compensation. That work is not perennial

in nature. That the retrenchment is legal.

Parties were given opportunities to lead their

evidence.

In support of its case the workman has appeared in

witness box and filed his affidavit reiterating the case as

set out in the claim petition.

On the other hand Sh. Pankaj Kumar and Sh. H.R.

Sharma, appeared on behalf of respondent No.1 and 2

and filed their affidavits reiterating the stand taken up in

the respective written statements.

I have heard Sh. M.S. Gorsi, counsel for the

workman, Sh. V.P. Singh, counsel for respondent No.1

and Sh. H.R. Sharma for respondent No.2.

It was argued by Mr. M.S. Gorsi, learned counsel

for the workman that there is an unrebutted statement of

the workman to the effect that persons junior to the

workman were retained in service at the time of his

retrenchment as well the management employed several

persons after the retrenchment and therefore the

retrenchment of the workman is illegal.

I have considered the contention of the learned

counsel.

The workman has deposed in his affidavit that the

persons junior to him were retained in service and the

management also employed more persons after his

retrenchment. But he did not name the persons who were

junior to him and were retained in service at the time of

his retrenchment. Again he did not name the persons

who were employed by the management after

retrenchment. The workman was required to prove the

said facts by leading cogent evidence in order to claim

the relief and his bare statement that the persons junior

to him were retained in service and the management

employed more persons after his retrenchment do not

carry any weight in the absence of any documentary and

other convincing evidence on the file. Therefore it cannot

be said that the persons junior to the workman were

retained in service or more persons were employed by

the management after his retrenchment and there is any

violation of Section 25G and 25H of the Act. Rather the

statement of Sh. H.R. Sharma shows that workman was

paid due compensation as required under Section 25F of

the Act at the time of effecting the retrenchment and the

same was to be effected on account of partial completion

of the work.

In result, it is held that action of the respondent

No.2 in terminating the services of the workman is legal

and the workman is not entitled to any relief and the

reference is answered against him. Let hard and soft

copy of the award be sent to the Central Government for

further necessary action.

KEWAL KRISHAN, Presiding Officer

6948

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2792-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dkWy MSe

gkbMªks bysfDVªd ikoj izkstsDV] ,uVhihlh ,aM vnlZ 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;] paMhx<+ ds iapkV (lanHkZ la[;k 33@2009) dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 17@10@2014 dks izkIr gqvk FkkA

¹la- ,y&42012@114@2009&vkbZvkj (Mh;w)º

ih- osQ- os.kqxksiky] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O.

2792.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D No. Case

No. 33/2009) of the Central Government Industrial

Tribunal-cum-Labour Court No. II, Chandigarh now as

shown in the Annexure in the Industrial Dispute between

the employers in relation to the management of the Kol

Dam Hydro Electric Power Project, NTPC & Others and

their workmen, which was received by the Central

Government on 17/10/2014.

[No. L-42012/114/2009-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present : Sri Kewal Krishan, Presiding Officer

Case No. 33/2009

Registered on 19.3.2010

Sh. Balak Ram S/o Sh. Barlaju Ram, Village Deola-Chhamb,

PO Harnora, Tehsil & Distt. Bilaspur (HP).

....Applicant

Versus

1.

The General Manager, Kol Dam Hydro Electric Power

Project, NTPC, VPO Barmana, Bilaspur.

2.

Proj. Manager, Italian Thai Development Co. Ltd.,

Kol Dam Hydro Electric Power Project, Village

Kayam, PO Slapper, Tehsil. Sundernagar, Mandi.

3.

The Managing Dir., M/s. AKS Engineers and

Contractors Kol Dam Hydro Electric Power Project,

Sanjay Sadan, Chhota Shimla

....Respondents

APPEARANCES :

For the workman

: Sh. M.S. Gorsi for the workman

For the Management

: Sh. V.P. Singh for respondent

No. 1

Sh. H.R. Sharma for respondent

No. 2

Respondent No.3 ex parte

AWARD

Passed on 21.8.2014

Vide Order No.L-42012/114/2009-IR(DU), dated

3.3.2010 the Central Government 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 (in

short Act) has referred the following industrial dispute for

adjudication to this Tribunal :

“Whether the action of the management of M/s.

AKS Engineers & Contractors, in terminating the

services of their workman Sh. Balak Ram w.e.f.

31/7/2008 is legal and justified? If not, what relief

the workman is entitled to?”

In response to the notice, the workman submitted

statement of claim pleading that respondent No.1 is the

principal employer who is engaged for the construction of

‘Kol Dam Hydro Electric Power Project’ at Harmoda and

has given contract to respondent No.2 who in turn

engaged respondent No.3 as its sub-contractor. The

workman was engaged by respondent No.3 on 7.8.2004

where he worked till 31.7.2008 when his services were

retrenched.

Workman has challenged the retrenchment on the

ground that the persons junior to him were retained in

service and the management also appointed large number

of workers on the project after his retrenchment. It is also

pleaded that the management did not take permission from

the appropriate Government for effecting the retrenchment

and as such the retrenchment is illegal and he is deemed

to be in service.

The claim was contested by the NTPC i.e.

respondent No.1 as well as by the Italian Thai Development

Co. Ltd. who has been impleaded as respondent No.2,

whereas M/s. AKS Engineers and Contractors who is

impleaded as respondent No.3 was proceeded against ex

parte.

Respondent No.1 filed written statement

controverting the averments and pleaded that workman

was never its employee and even not engaged by it.

Respondent No.2 in its separate written statement

pleaded that workman was engaged by respondent No.2

who retrenched his services on partial completion of work

after paying him Rs.9315/- in lieu of notice period and

retrenchment compensation. That work is not perennial

in nature. That the retrenchment is legal.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6949

Parties were given opportunities to lead their

evidence.

In support of its case the workman has appeared in

witness box and filed his affidavit reiterating the case as

set out in the claim petition.

On the other hand Sh. Pankaj Kumar and Sh. H.R.

Sharma, appeared on behalf of respondent No.1 and 2 and

filed their affidavits reiterating the stand taken up in the

respective written statements.

I have heard Sh. M.S. Gorsi, counsel for the workman,

Sh. V.P. Singh, counsel for respondent No.1 and Sh. H.R.

Sharma for respondent No. 2.

It was argued by Mr. M.S. Gorsi, learned counsel for

the workman that there is an unrebutted statement of the

workman to the effect that persons junior to the workman

were retained in service at the time of his retrenchment as

well the management employed several persons after the

retrenchment and therefore the retrenchment of the

workman is illegal.

I have considered the contention of the learned

counsel.

The workman has deposed in his affidavit that the

persons junior to him were retained in service and the

management also employed more persons after his

retrenchment. But he did not name the persons who were

junior to him and were retained in service at the time of his

retrenchment. Again he did not name the persons who

were employed by the management after retrenchment.

The workman was required to prove the said facts by

leading cogent evidence in order to claim the relief and his

bare statement that the persons junior to him were retained

in service and the management employed more persons

after his retrenchment do not carry any weight in the

absence of any documentary and other convincing

evidence on the file. Therefore it cannot be said that the

persons junior to the workman were retained in service or

more persons were employed by the management after his

retrenchment and there is any violation of Section 25G

and 25H of the Act. Rather the statement of Sh. H.R.

Sharma shows that workman was paid due compensation

as required under Section 25F of the Act at the time of

effecting the retrenchment and the same was to be effected

on account of partial completion of the work.

In result, it is held that action of the respondent

No. 2 in terminating the services of the workman is legal

and the workman is not entitled to any relief and the

reference is answered against him. Let hard and soft copy

of the award be sent to the Central Government for further

necessary action.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2793-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dkWy MSe

gkbMªks bysfDVªd ikoj izkstsDV] ,uVhihlh ,aM 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;] paMhx<+ ds iapkV (lanHkZ la[;k 22@2010) dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 17@10@2014 dks izkIr gqvk FkkA

¹la- ,y&42012@32@2010&vkbZvkj (Mh;w)º

ih- osQ- os.kqxksiky] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O.

2793.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D No. Case

No. 22/2010) of the Central Government Industrial

Tribunal-cum-Labour Court No. II, Chandigarh now as

shown in the Annexure in the Industrial Dispute between

the employers in relation to the management of the Kol

Dam Hydro Electric Power Project, NTPC & Others and

their workmen, which was received by the Central

Government on 17/10/2014.

[No. L-42012/32/2010-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present : Sri Kewal Krishan, Presiding Officer

Case No. 22/2010

Registered on 25.5.2010

Sh. Hem Raj, S/o Sh. Kala Ram, VPO Harnora, Tehsil

Sadar, Bilaspur.

....Applicant

Versus

1.

The General Manager, Kol Dam Hydro Electric

Power Project, NTPC, VPO Barmana, Bilaspur.

2.

Proj. Manager, Italian Thai Development Co. Ltd.,

Kol Dam Hydro Electric Power Project, Village

Kayam, PO Slapper, Tehsil. Sundernagar, Mandi.

3.

The Managing Dir., M/s. AKS Engineers and

Contractors Kol Dam Hydro Electric Power Project,

Sanjay Sadan, Chhota Shimla

....Respondents

APPEARANCES :

For the workman

: Sh. M.S. Gorsi for the workman

6950

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

For the Management

: Sh. V.P. Singh for respondent

No. 1

Sh. H.R. Sharma for respondent

No. 2

Respondent No.3 ex parte

AWARD

Passed on 21.8.2014

Vide Order No.L-42012/32/2010-IR(DU), dated

12.5.2010 the Central Government 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 (in short Act) has referred the following

industrial dispute for adjudication to this Tribunal :

“Whether the action of the management of M/s.

AKS Engineers & Contractors, a sub contractor of

M/s Italian Thai Development Public Co. Ltd. of

NTPC, Kol dam in terminating the services of

Sh. Hem Raj w.e.f. 13/8/2008 is legal and justified? If

not, what relief the workman is entitled to?”

In response to the notice, the workman submitted

statement of claim pleading that respondent No.1 is the

principal employer who is engaged for the construction

of ‘Kol Dam Hydro Electric Power Project’ at Harmoda

and has given contract to respondent No. 2 who in turn

engaged respondent No.3 as its sub-contractor. The

workman was engaged by respondent No.3 on 27.7.2004

where he worked till 14.8.2008 when his services were

retrenched.

Workman has challenged the retrenchment on the

ground that the persons junior to him were retained in

service and the management also appointed large number

of workers on the project after his retrenchment. It is

also pleaded that the management did not take permission

from the appropriate Government for effecting the

retrenchment and as such the retrenchment is illegal and

he is deemed to be in service.

The claim was contested by the NTPC i.e.

respondent No.1 as well as by the Italian Thai

Development Co. Ltd. who has been impleaded as

respondent No. 2, whereas M/s AKS Engineers and

Contractors who is impleaded as respondent No. 3 was

proceeded against ex parte.

Respondent No. 1 filed written statement controverting

the averments and pleaded that workman was never its

employee and even not engaged by it.

Respondent No. 2 in its separate written statement

pleaded that workman was engaged by respondent No. 3

who retrenched his services on partial completion of work

after paying him Rs.10,050/- in lieu of notice period and

retrenchment compensation. That work is not perennial

in nature. That the retrenchment is legal.

Parties were given opportunities to lead their

evidence.

In support of its case the workman has appeared in

witness box and filed his affidavit reiterating the case as

set out in the claim petition.

On the other hand Sh. Pankaj Kumar and Sh. H.R.

Sharma, appeared on behalf of respondent No.1 and 2 and

filed their affidavits reiterating the stand taken up in the

respective written statements.

I have heard Sh. M.S. Gorsi, counsel for the workman,

Sh. V.P. Singh, counsel for respondent No.1 and Sh. H.R.

Sharma for respondent No. 2.

It was argued by Mr. M.S. Gorsi, learned counsel for

the workman that there is an unrebutted statement of the

workman to the effect that persons junior to the workman

were retained in service at the time of his retrenchment as

well the management employed several persons after the

retrenchment and therefore the retrenchment of the

workman is illegal.

I have considered the contention of the learned

counsel.

The workman has deposed in his affidavit that the

persons junior to him were retained in service and the

management also employed more persons after his

retrenchment. But he did not name the persons who were

junior to him and were retained in service at the time of his

retrenchment. Again he did not name the persons who

were employed by the management after retrenchment.

The workman was required to prove the said facts by

leading cogent evidence in order to claim the relief and his

bare statement that the persons junior to him were retained

in service and the management employed more persons

after his retrenchment do not carry any weight in the

absence of any documentary and other convincing

evidence on the file. Therefore it cannot be said that the

persons junior to the workman were retained in service or

more persons were employed by the management after his

retrenchment and there is any violation of Section 25G

and 25H of the Act. Rather the statement of Sh. H.R.

Sharma shows that workman was paid due compensation

as required under Section 25F of the Act at the time of

effecting the retrenchment and the same was to be effected

on account of partial completion of the work.

In result, it is held that action of the respondent

No. 2 in terminating the services of the workman is legal

and the workman is not entitled to any relief and the

reference is answered against him. Let hard and soft copy

of the award be sent to the Central Government for further

necessary action.

KEWAL KRISHAN, Presiding Officer

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6951

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2794-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dkWy MSe

gkbMªks bysfDVªd ikoj izkstsDV] ,uVhihlh ,aM vnlZ 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;&II] paMhx<+ ds iapkV (lanHkZ la[;k 20@2010) dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 17@10@2014 dks izkIr gqvk FkkA

¹la- ,y&42012@38@2010&vkbZvkj (Mh;w)º

ih- osQ- os.kqxksiky] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O. 2794.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D No. Case

No. 20/2010) of the Central Government Industrial

Tribunal-cum-Labour Court No. II, Chandigarh now as

shown in the Annexure in the Industrial Dispute between

the employers in relation to the management of the Kol

Dam Hydro Electric Power Project, NTPC & Others and

their workmen, which was received by the Central

Government on 17/10/2014.

[No. L-42012/38/2010-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present : Sri Kewal Krishan, Presiding Officer

Case No. 20/2010

Registered on 25.5.2010

Sh. Mehar Singh, S/o Sh. Munshi Ram, Village Saroni, PO

Jarol, Tehsil Sundernagar, Mandi (HP).

...Applicant

Versus

1.

The General Manager, Kol Dam Hydro Electric Power

Project, NTPC, VPO Barmana, Bilaspur.

2.

Proj. Manager, Italian Thai Development Co. Ltd.,

Kol Dam Hydro Electric Power Project, Village

Kayam, PO Slapper, Tehsil. Sundernagar, Mandi.

3.

The Managing Dir., M/s AKS Engineers and

Contractors Kol Dam Hydro Electric Power Project,

Sanjay Sadan, Chhota Shimla

...Respondents

APPEARANCES :

For the Workman

: Sh. M.S. Gorsi for the workman

For the Management

: Sh. V.P. Singh for respondent

No. 1

Sh. H.R. Sharma for respondent

No. 2

Respondent No. 3 ex parte

AWARD

Passed on-- 21.8.2014

Vide Order No.L-42012/38/2010-IR(DU), dated

12.5.2010 the Central Government 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 (in short Act) has referred the following industrial

dispute for adjudication to this Tribunal.

“Whether the action of the management of

M/s. AKS Engineers & Contractors, a sub contractor

of M/s. Italian Thai Development Public Co. Ltd. of

NTPC, Kol Dam in terminating the services of

Sh. Mehar Singh w.e.f. 31/7/2008 is legal and justified?

If not, what relief the workman is entitled to?”

In response to the notice, the workman submitted

statement of claim pleading that respondent No.1 is the

principal employer who is engaged for the construction

of ‘Kol Dam Hydro Electric Power Project’ at Harmoda

and has given contract to respondent No. 2 who in turn

engaged respondent No. 3 as its sub-contractor. The

workman was engaged by respondent No. 3 on 26.8.2004

where he worked till 1.8.2008 when his services were

retrenched.

Workman has challenged the retrenchment on the

ground that the persons junior to him were retained in

service and the management also appointed large number

of workers on the project after his retrenchment. It is

also pleaded that the management did not take permission

from the appropriate Government for effecting the

retrenchment and as such the retrenchment is illegal and

he is deemed to be in service.

The claim was contested by the NTPC i.e.

respondent No.1 as well as by the Italian Thai

Development Co. Ltd. who has been impleaded as

respondent No. 2; whereas M/s. AKS Engineers and

Contractors who is impleaded as respondent No. 3 was

proceeded against ex parte.

Respondent No.1 filed written statement

controverting the averments and pleaded that workman

was never its employee and even not engaged by it.

Respondent No.2 in its separate written statement

pleaded that workman was engaged by respondent No. 3

who retrenched his services on partial completion of work

after paying him Rs.11,340/- in lieu of notice period and

retrenchment compensation. That work is not perennial

in nature. That the retrenchment is legal.

6952

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

Parties were given opportunities to lead their

evidence.

In support of its case the workman has appeared in

witness box and filed his affidavit reiterating the case as

set out in the claim petition.

On the other hand Sh. Pankaj Kumar and Sh. H.R.

Sharma, appeared on behalf of respondent No. 1 and 2

and filed their affidavits reiterating the stand taken up in

the respective written statements.

I have heard Sh. M.S. Gorsi, counsel for the workman,

Sh. V.P. Singh, counsel for respondent No.1 and Sh. H.R.

Sharma for respondent No. 2.

It was argued by Mr. M.S. Gorsi, Learned Counsel

for the workman that there is an unrebutted statement of

the workman to the effect that persons junior to the

workman were retained in service at the time of his

retrenchment as well the management employed several

persons after the retrenchment and therefore the

retrenchment of the workman is illegal.

I have considered the contention of the learned

counsel.

The workman has deposed in his affidavit that the

persons junior to him were retained in service and the

management also employed more persons after his

retrenchment. But he did not name the persons who were

junior to him and were retained in service at the time of his

retrenchment. Again he did not name the persons who

were employed by the management after retrenchment.

The workman was required to prove the said facts by

leading cogent evidence in order to claim the relief and his

bare statement that the persons junior to him were retained

in service and the management employed more persons

after his retrenchment do not carry any weight in the

absence of any documentary and other convincing

evidence on the file. Therefore it cannot be said that the

persons junior to the workman were retained in service or

more persons were employed by the management after his

retrenchment and there is any violation of Section 25G

and 25H of the Act. Rather the statement of Sh. H.R.

Sharma shows that workman was paid due compensation

as required under Section 25F of the Act at the time of

effecting the retrenchment and the same was to be effected

on account of partial completion of the work.

In result, it is held that action of the respondent

No. 2 in terminating the services of the workman is legal

and the workman is not entitled to any relief and the

reference is answered against him. Let hard and soft copy

of the award be sent to the Central Government for further

necessary action.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2795-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dkWy MSe

gkbMªks bysfDVªd ikoj izkstsDV] ,uVhihlh ,aM vnlZ 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;&II] paMhx<+ ds iapkV (lanHkZ la[;k 18@2010) dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 17@10@2014 dks izkIr gqvk FkkA

¹la- ,y&42012@20@2010&vkbZvkj (Mh;w)º

ih- osQ- os.kqxksiky] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O.

2795.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D No. Case

No. 18/2010) of the Central Government Industrial

Tribunal-cum-Labour Court No. II, Chandigarh now as

shown in the Annexure in the Industrial Dispute between

the employers in relation to the management of the Kol

Dam Hydro Electric Power Project, NTPC & Others and

their workmen, which was received by the Central

Government on 17/10/2014.

[No. L-42012/20/2010-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present : Sri Kewal Krishan, Presiding Officer

Case No. 18/2010

Registered on 25.5.2010

Sh. Das Ram, S/o Sh. Tulsi Ram, C/o Sh. Rajesh Kumar

Sharma, President District CITU, District Committee Mandi,

221/10, Thanera Mohalla, Mandi (HP).

...Applicant

Versus

1.

The General Manager, Kol Dam Hydro Electric Power

Project, NTPC, VPO Barmana, Bilaspur.

2.

Proj. Manager, Italian Thai Development Co. Ltd.,

Kol Dam Hydro Electric Power Project, Village

Kayam, PO Slapper, Tehsil. Sundernagar, Mandi.

3.

The Managing Dir., M/s. AKS Engineers and

Contractors Kol Dam Hydro Electric Power Project,

Sanjay Sadan, Chhota Shimla

...Respondents

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6953

APPEARANCES :

For the Workman

: Sh. M.S. Gorsi for the workman

For the Management

: Sh. V.P. Singh for respondent

No. 1

Sh. H.R. Sharma for respondent

No. 2

Respondent No.3 ex parte

AWARD

Passed on-- 21.8.2014

Vide Order No. L-42012/20/2010-IR(DU), dated

12.5.2010 the Central Government 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 (in

short Act) has referred the following industrial dispute for

adjudication to this Tribunal.

“Whether the action of the management of M/s.

AKS Engineers and Contractors, a sub contractor

of M/s. Italian Thai Development Public Co. Ltd. of

NTPC, Kol Dam in terminating the services of Sh.

Das Ram w.e.f. 14/8/2008 is legal and justified? If

not, what relief the workman is entitled to?”

In response to the notice, the workman submitted

statement of claim pleading that respondent No.1 is the

principal employer who is engaged for the construction of

‘Kol Dam Hydro Electric Power Project’ at Harmoda and

has given contract to respondent No. 2 who in turn

engaged respondent No. 3 as its sub-contractor. The

workman was engaged by respondent No. 3 on 12.8.2004

where he worked till 14.8.2008 when his services were

retrenched.

Workman has challenged the retrenchment on the

ground that the persons junior to him were retained in

service and the management also appointed large number

of workers on the project after his retrenchment. It is also

pleaded that the management did not take permission from

the appropriate Government for effecting the retrenchment

and as such the retrenchment is illegal and he is deemed

to be in service.

The claim was contested by the NTPC i.e.

respondent No. 2 as well as by the Italian Thai Development

Co. Ltd. who have been impleaded as respondent No. 2;

whereas M/s. AKS Engineers and Contractors who is

impleaded as respondent No. 3 was proceeded against ex

parte.

Respondent No.1 filed written statement

controverting the averments and pleaded that workman

was never its employee and even not engaged by it.

Respondent No. 2 in its separate written statement

pleaded that workman was engaged by respondent No. 3

who retrenched his services on partial completion of work

after paying him Rs.11,340/- in lieu of notice period and

retrenchment compensation. That work is not perennial

in nature. That the retrenchment is legal.

Parties were given opportunities to lead their

evidence.

In support of its case the workman has appeared in

witness box and filed his affidavit reiterating the case as

set out in the claim petition.

On the other hand Sh. Pankaj Kumar and Sh. H.R.

Sharma, appeared on behalf of respondent Nos. 1 and 2

and filed their affidavits reiterating the stand taken up in

the respective written statements.

I have heard Sh. M.S. Gorsi, counsel for the workman,

Sh. V.P. Singh, counsel for respondent No.1 and Sh. H.R.

Sharma for respondent No. 2.

It was argued by Mr. M.S. Gorsi, Learned Counsel

for the workman that there is an unrebutted statement of

the workman to the effect that persons junior to the

workman were retained in service at the time of his

retrenchment as well the management employed several

persons after the retrenchment and therefore the

retrenchment of the workman is illegal.

I have considered the contention of the learned

counsel.

The workman has deposed in his affidavit that the

persons junior to him were retained in service and the

management also employed more persons after his

retrenchment. But he did not name the persons who were

junior to him and were retained in service at the time of his

retrenchment. Again he did not name the persons who

were employed by the management after retrenchment.

The workman was required to prove the said facts by

leading cogent evidence in order to claim the relief and his

bare statement that the persons junior to him were retained

in service and the management employed more persons

after his retrenchment do not carry any weight in the

absence of any documentary and other convincing

evidence on the file. Therefore it cannot be said that the

persons junior to the workman were retained in service or

more persons were employed by the management after his

retrenchment and there is any violation of Section 25G

and 25H of the Act. Rather the statement of Sh. H.R.

Sharma shows that workman was paid due compensation

as required under Section 25F of the Act at the time of

effecting the retrenchment and the same was to be effected

on account of partial completion of the work.

In result, it is held that action of the respondent

No. 2 in terminating the services of the workman is legal

and the workman is not entitled to any relief and the

reference is answered against him. Let hard and soft copy

of the award be sent to the Central Government for further

necessary action.

KEWAL KRISHAN, Presiding Officer

6954

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2796-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dkWy MSe

gkbMªks bysfDVªd ikoj izkstsDV] ,uVhihlh ,aM 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;&II] paMhx<+ ds iapkV (lanHkZ la[;k 75@2010) dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 17@10@2014 dks izkIr gqvk FkkA

¹la- ,y&42012@111@2010&vkbZvkj (Mh;w)º

ih- osQ- os.kqxksiky] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O.

2796.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D No. Case

No. 75/2010) of the Central Government Industrial

Tribunal-cum-Labour Court No. II, Chandigarh now as

shown in the Annexure in the Industrial Dispute between

the employers in relation to the management of the Kol

Dam Hydro Electric Power Project, NTPC and Others and

their workmen, which was received by the Central

Government on 17/10/2014.

[No. L-42012/111/2010-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present : Sri Kewal Krishan, Presiding Officer

Case No. 75/2010

Registered on 26.10.2010

Sh. Sh. Naresh Kumar, S/o Sh. Neel Kanth, Village and PO

Doghari, Tehsil Sundernagar, Mandi (HP)

...Applicant

Versus

1.

The General Manager, Kol Dam Hydro Electric Power

Project, NTPC, VPO Barmana, Bilaspur.

2.

Proj. Manager, Italian Thai Development Co. Ltd.,

Kol Dam Hydro Electric Power Project, Village

Kayam, PO Slapper, Tehsil. Sundernagar, Mandi.

3.

The Managing Dir., M/s. AKS Engineers and

Contractors Kol Dam Hydro Electric Power Project,

Sanjay Sadan, Chhota Shimla

...Respondents

APPEARANCES :

For the Workman

: Sh. M.S. Gorsi for the workman

For the Management

: Sh. V.P. Singh for respondent

No. 1

Sh. H.R. Sharma for respondent

No. 2

Respondent No. 3 ex parte

AWARD

Passed on-- 21.8.2014

Vide Order No. L-42012/111/2010-IR(DU), dated

29.9.2010 the Central Government 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 (in

short Act) has referred the following industrial dispute for

adjudication to this Tribunal.

“Whether the action of the management of M/s.

AKS Engineers and Contractors, a contractor

engaged by NTPC, Kol Dam Hydroelectric Power

Project, Bilaspur in terminating the services of their

workman Sh. Naresh Kumar S/o Sh. Neel Kanth w.e.f.

1/8/2008 is legal and justified? If not, what relief the

workman is entitled to?”

In response to the notice, the workman submitted

statement of claim pleading that respondent No.1 is the

principal employer who is engaged for the construction of

‘Kol Dam Hydro Electric Power Project’ at Harmoda and

has given contract to respondent No. 2 who in turn

engaged respondent No. 3 as its sub-contractor. The

workman was engaged by respondent No. 3 on 29.7.2004

where he worked till 31.7.2008 when his services were

retrenched.

Workman has challenged the retrenchment on the

ground that the persons junior to him were retained in

service and the management also appointed large number

of workers on the project after his retrenchment. It is also

pleaded that the management did not take permission from

the appropriate Government for effecting the retrenchment

and as such the retrenchment is illegal and he is deemed

to be in service.

The claim was contested by the NTPC i.e.

respondent No.1 as well as by the Italian Thai Development

Co. Ltd. who has been impleaded as respondent No. 2,

whereas M/s. AKS Engineers and Contractors who were

impleaded as respondent No. 3 was proceeded against ex

parte.

Respondent No.1 filed written statement

controverting the averments and pleaded that workman

was never its employee and even not engaged by it.

Respondent No. 2 in its separate written statement

pleaded that workman was engaged by respondent No. 3

who retrenched his services on partial completion of work

after paying him Rs. 9075/- in lieu of notice period and

retrenchment compensation. That work is not perennial

in nature. That the retrenchment is legal.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6955

Parties were given opportunities to lead their

evidence.

In support of its case the workman has appeared in

witness box and filed his affidavit reiterating the case as

set out in the claim petition.

On the other hand Sh. Pankaj Kumar and Sh. H.R.

Sharma, appeared on behalf of respondent No.1 and 2 and

filed their affidavits reiterating the stand taken up in the

respective written statements.

I have heard Sh. M.S. Gorsi, counsel for the workman,

Sh. V.P. Singh, counsel for respondent No.1 and Sh. H.R.

Sharma for respondent No.2.

It was argued by Mr. M.S. Gorsi, learned counsel for

the workman that there is an unrebutted statement of the

workman to the effect that persons junior to the workman

were retained in service at the time of his retrenchment as

well the management employed several persons after the

retrenchment and therefore the retrenchment of the

workman is illegal.

I have considered the contention of the learned

counsel.

The workman has deposed in his affidavit that the

persons junior to him were retained in service and the

management also employed more persons after his

retrenchment. But he did not name the persons who were

junior to him and were retained in service at the time of his

retrenchment. Again he did not name the persons who

were employed by the management after retrenchment.

The workman was required to prove the said facts by

leading cogent evidence in order to claim the relief and his

bare statement that the persons junior to him were retained

in service and the management employed more persons

after his retrenchment do not carry any weight in the

absence of any documentary and other convincing

evidence on the file. Therefore it cannot be said that the

persons junior to the workman were retained in service or

more persons were employed by the management after his

retrenchment and there is any violation of Section 25G

and 25H of the Act. Rather the statement of Sh. H.R.

Sharma shows that workman was paid due compensation

as required under Section 25F of the Act at the time of

effecting the retrenchment and the same was to be effected

on account of partial completion of the work.

In result, it is held that action of the respondent

No.2 in terminating the services of the workman is legal

and the workman is not entitled to any relief and the

reference is answered against him. Let hard and soft copy

of the award be sent to the Central Government for further

necessary action.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2797-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dkWy MSe

gkbMªks bysfDVªd ikoj izkstsDV] ,uVhihlh ,aM 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; paMhx<+ ds iapkV (lanHkZ la[;k 15@2010) dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 17@10@2014 dks izkIr gqvk FkkA

¹la- ,y&42012@37@2010&vkbZvkj (Mh;w)º

ih- osQ- os.kqxksiky] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O.

2797.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D No. Case

No. 15/2010) of the Central Government Industrial

Tribunal-cum-Labour Court No. II, Chandigarh now as

shown in the Annexure in the Industrial Dispute between

the employers in relation to the management of the Kol

Dam Hydro Electric Power Project, NTPC & Others and

their workmen, which was received by the Central

Government on 17/10/2014.

[No. L-42012/37/2010-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present : Sri Kewal Krishan, Presiding Officer

Case No. 15/2010

Registered on 25.5.2010

Sh. Ravinder Kumar, S/o Sh. Nand Lal, VPO Harnora, Tehsil

Sadar, Bilaspur

....Applicant

Versus

1.

The General Manager, Kol Dam Hydro Electric Power

Project, NTPC, VPO Barmana, Bilaspur.

2.

Proj. Manager, Italian Thai Development Co. Ltd.,

Kol Dam Hydro Electric Power Project, Village

Kayam, PO Slapper, Tehsil. Sundernagar, Mandi.

3.

The Managing Dir., M/s AKS Engineers and

Contractors Kol Dam Hydro Electric Power Project,

Sanjay Sadan, Chhota Shimla

....Respondents

6956

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

APPEARANCES :

For the workman

: Sh. M.S. Gorsi for the workman

For the Management : Sh. V.P. Singh for respondent

No. 1

Sh. H.R. Sharma for respondent

No. 2

Respondent No.3 ex parte

AWARD

Passed on-- 21.8.2014

Vide Order No.L-42012/37/2010-IR(DU), dated

12.5.2010 the Central Government 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 (in short Act) has referred the following

industrial dispute for adjudication to this Tribunal.

“Whether the action of the management of M/s.

AKS Engineers & Contractors, a sub contractor of

M/s. Italian Thai Development Public Co. Ltd. of

NTPC, Kol dam in terminating the services of

Sh. Ravinder Kumar w.e.f. 31/7/2008 is legal and

justified? If not, what relief the workman is entitled

to?”

In response to the notice, the workman submitted

statement of claim pleading that respondent No.1 is the

principal employer who is engaged for the construction

of ‘Kol Dam Hydro Electric Power Project’ at Harmoda

and has given contract to respondent No.2 who in turn

engaged respondent No.3 as its sub-contractor. The

workman was engaged by respondent No.3 on 24.8.2004

where he worked till 1.8.2008 when his services were

retrenched.

Workman has challenged the retrenchment on the

ground that the persons junior to him were retained in

service and the management also appointed large number

of workers on the project after his retrenchment. It is

also pleaded that the management did not take permission

from the appropriate Government for effecting the

retrenchment and as such the retrenchment is illegal and

he is deemed to be in service.

The claim was contested by the NTPC i.e.

respondent No.1 as well as by the Italian Thai

Development Co. Ltd. who has been impleaded as

respondent No.3; whereas M/s. AKS Engineers and

Contractors who is impleaded as respondent No.2 was

proceeded against ex parte.

Respondent No.1 filed written statement

controverting the averments and pleaded that workman

was never its employee and even not engaged by it.

Respondent No.2 in its separate written statement

pleaded that workman was engaged by respondent No.3

who retrenched his services on partial completion of work

after paying him Rs.9075/- in lieu of notice period and

retrenchment compensation. That work is not perennial in

nature. That the retrenchment is legal.

Parties were given opportunities to lead their

evidence.

In support of its case the workman has appeared in

witness box and filed his affidavit reiterating the case as

set out in the claim petition.

On the other hand Sh. Pankaj Kumar and Sh. H.R.

Sharma, appeared on behalf of respondent No.1 and 2 and

filed their affidavits reiterating the stand taken up in the

respective written statements.

I have heard Sh. M.S. Gorsi, counsel for the workman,

Sh. V.P. Singh, counsel for respondent No.1 and Sh. H.R.

Sharma for respondent No.2.

It was argued by Mr. M.S. Gorsi, learned counsel for

the workman that there is an unrebutted statement of the

workman to the effect that persons junior to the workman

were retained in service at the time of his retrenchment as

well the management employed several persons after the

retrenchment and therefore the retrenchment of the

workman is illegal.

I have considered the contention of the learned

counsel.

The workman has deposed in his affidavit that the

persons junior to him were retained in service and the

management also employed more persons after his

retrenchment. But he did not name the persons who were

junior to him and were retained in service at the time of his

retrenchment. Again he did not name the persons who

were employed by the management after retrenchment.

The workman was required to prove the said facts by

leading cogent evidence in order to claim the relief and his

bare statement that the persons junior to him were retained

in service and the management employed more persons

after his retrenchment do not carry any weight in the

absence of any documentary and other convincing

evidence on the file. Therefore it cannot be said that the

persons junior to the workman were retained in service or

more persons were employed by the management after his

retrenchment and there is any violation of Section 25G

and 25H of the Act. Rather the statement of Sh. H.R.

Sharma shows that workman was paid due compensation

as required under Section 25F of the Act at the time of

effecting the retrenchment and the same was to be effected

on account of partial completion of the work.

In result, it is held that action of the respondent

No.2 in terminating the services of the workman is legal

and the workman is not entitled to any relief and the

reference is answered against him. Let hard and soft copy

of the award be sent to the Central Government for further

necessary action.

KEWAL KRISHAN, Presiding Officer

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6957

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2798-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dkWy MSe

gkbMªks bysfDVªd ikoj izkstsDV] ,uVhihlh ,aM 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; paMhx<+ ds iapkV (lanHkZ la[;k 12@2010) dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 17@10@2014 dks izkIr gqvk FkkA

¹la- ,y&42012@30@2010&vkbZvkj (Mh;w)º

ih- osQ- os.kqxksiky] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O.

2798.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D No. Case

No. 12/2010) of the Central Government Industrial

Tribunal-cum-Labour Court No. II, Chandigarh now as

shown in the Annexure in the Industrial Dispute between

the employers in relation to the management of the Kol

Dam Hydro Electric Power Project, NTPC & Others and

their workmen, which was received by the Central

Government on 17/10/2014.

[No. L-42012/30/2010-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present : Sri Kewal Krishan, Presiding Officer

Case No. 12/2010

Registered on 25.5.2010

Sh. Roop Singh, S/o Sh. Keshav Ram, C/o Sh. Rajesh

Kumar Sharma, President District CITU, District Committee

Mandi, 221/10, Thanera Mohalla, Mandi (HP).

.....Applicant

Versus

1.

The General Manager, Kol Dam Hydro Electric Power

Project, NTPC, VPO Barmana, Bilaspur.

2.

Proj. Manager, Italian Thai Development Co. Ltd.,

Kol Dam Hydro Electric Power Project, Village

Kayam, PO Slapper, Tehsil. Sundernagar, Mandi.

3.

The Managing Dir., M/s. AKS Engineers and

Contractors Kol Dam Hydro Electric Power Project,

Sanjay Sadan, Chhota Shimla

....Respondents

APPEARANCES :

For the workman

: Sh. M.S. Gorsi for the workman

For the Management

: Sh. V.P. Singh for respondent

No. 1

Sh. H.R. Sharma for respondent

No. 2

Respondent No.3 ex parte

AWARD

Passed on-- 21.8.2014

Vide Order No.L-42012/30/2010 (IR(DU)), dated

12.5.2010 the Central Government 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 (in

short Act) has referred the following industrial dispute for

adjudication to this Tribunal.

“Whether the action of the management of M/s.

AKS Engineers & Contractors, a sub contractor of M/s.

Italian Thai Development Public Co. Ltd. of NTPC, Kol

dam in terminating the services of Sh. Roop Singh S/o Sh.

Keshav Ram w.e.f. 14/8/2008 is legal and justified? If not,

what relief the workman is entitled to?”

In response to the notice, the workman submitted

statement of claim pleading that respondent No.1 is the

principal employer who is engaged for the construction of

‘Kol Dam Hydro Electric Power Project’ at Harmoda and

has given contract to respondent No.2 who in turn

engaged respondent No.3 as its sub-contractor. The

workman was engaged by respondent No.3 on 3.9.2005

where he worked till 14.8.2008 when his services were

retrenched.

Workman has challenged the retrenchment on the

ground that the persons junior to him were retained in

service and the management also appointed large number

of workers on the project after his retrenchment. It is also

pleaded that the management did not take permission from

the appropriate Government for effecting the retrenchment

and as such the retrenchment is illegal and he is deemed

to be in service.

The claim was contested by the NTPC i.e.

respondent No.1 as well as by the Italian Thai Development

Co. Ltd. who has been impleaded as respondent No.2

whereas M/s. AKS Engineers and Contractors who is

impleaded as respondent No.3 was proceeded against ex

parte.

Respondent No.1 filed written statement

controverting the averments and pleaded that workman

was never its employee and even not engaged by it.

Respondent No.2 in its separate written statement

pleaded that workman was engaged by respondent No.3

who retrenched his services on partial completion of work

after paying him Rs.7563/- in lieu of notice period and

6958

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

retrenchment compensation. That work is not perennial

in nature. That the retrenchment is legal.

Parties were given opportunities to lead their

evidence.

In support of its case the workman has appeared in

witness box and filed his affidavit reiterating the case as

set out in the claim petition.

On the other hand Sh. Pankaj Kumar and Sh. H.R.

Sharma, appeared on behalf of respondent No.1 and 2

and filed their affidavits reiterating the stand taken up in

the respective written statements.

I have heard Sh. M.S. Gorsi, counsel for the

workman, Sh. V.P. Singh, counsel for respondent No.1

and Sh. H.R. Sharma for respondent No.2.

It was argued by Mr. M.S. Gorsi, learned counsel

for the workman that there is an unrebutted statement of

the workman to the effect that persons junior to the

workman were retained in service at the time of his

retrenchment as well the management employed several

persons after the retrenchment and therefore the

retrenchment of the workman is illegal.

I have considered the contention of the learned

counsel.

The workman has deposed in his affidavit that the

persons junior to him were retained in service and the

management also employed more persons after his

retrenchment. But he did not name the persons who were

junior to him and were retained in service at the time of

his retrenchment. Again he did not name the persons

who were employed by the management after

retrenchment. The workman was required to prove the

said facts by leading cogent evidence in order to claim

the relief and his bare statement that the persons junior

to him were retained in service and the management

employed more persons after his retrenchment do not

carry any weight in the absence of any documentary and

other convincing evidence on the file. Therefore it cannot

be said that the persons junior to the workman were

retained in service or more persons were employed by

the management after his retrenchment and there is any

violation of Section 25G and 25H of the Act. Rather the

statement of Sh. H.R. Sharma shows that workman was

paid due compensation as required under Section 25F of

the Act at the time of effecting the retrenchment and the

same was to be effected on account of partial completion

of the work.

In result, it is held that action of the respondent

No.2 in terminating the services of the workman is legal

and the workman is not entitled to any relief and the

reference is answered against him. Let hard and soft

copy of the award be sent to the Central Government for

further necessary action.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2799-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dkWy MSe

gkbMªks bysfDVªd ikoj izkstsDV] ,uVhihlh ,aM 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; paMhx<+ ds iapkV (lanHkZ la[;k 139@2011) dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 17@10@2014 dks izkIr gqvk FkkA

¹la- ,y&42012@206@2010&vkbZvkj (Mh;w)º

ih- osQ- os.kqxksiky] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O.

2799.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D No. Case

No. 139/2011) of the Central Government Industrial

Tribunal-cum-Labour Court No. II, Chandigarh now as

shown in the Annexure in the Industrial Dispute between

the employers in relation to the management of the Kol

Dam Hydro Electric Power Project, NTPC & Others and

their workmen, which was received by the Central

Government on 17/10/2014.

[No. L-42012/206/2010-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present : Sri Kewal Krishan, Presiding Officer

Case No. 139/2011

Registered on 28.4.2011

Sh. Roop Singh, S/o Sh. Jodhal Ram, Dewla Chhamb, PO

Harnora, Tehsil Sundernagar, Bilaspur.

.....Applicant

Versus

1.

M/s. UR Infrastructure Company Private Limited,

Village Chamb, Post Office Harnora, Bilaspur

2.

Proj. Manager, Italian Thai Development Co. Ltd.,

Kol Dam Hydro Electric Power Project, Village

Kayam, PO Slapper, Tehsil. Sundernagar, Mandi

3.

The General Manager, Kol Dam Hydro Electric Power

Project, NTPC, VPO Barmana, Bilaspur

.....Respondents

APPEARANCES

For the workman

: Sh. M.S. Gorsi for the workman

For the Management

: Sh. V.P. Singh for respondent

No. 3

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6959

Sh. H.R. Sharma for respondent

No. 2

Respondent No.1 ex parte

AWARD

Passed on-- 21.8.2014

Vide Order No.L-42012/206/2010-IR(DU), dated

1.4.2011 the Central Government 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 (in

short Act) has referred the following industrial dispute for

adjudication to this Tribunal.

“Whether the action of the management of M/s. UR

Infrastructure Co. Pvt. Ltd. sub contractor of M/s.

Italian Thai Development Public ltd., a contractor of

M/s. NTPC Ltd. in retrenchment of the services of

Sh. Roop Singh S/o Sh. Joghal Ram w.e.f. 1/8/2008

without following the principle of Last come first go

is legal and justified? What relief the workman is

entitled to?”

In response to the notice, the workman submitted

statement of claim pleading that respondent No.3 is the

principal employer who is engaged for the construction of

‘Kol Dam Hydro Electric Power Project’ at Harmoda and

has given contract to respondent No.2 who in turn

engaged respondent No.1 as its sub-contractor. The

workman was engaged by respondent No.1 on 23.11.2004

where he worked till 1.8.2008 when his services were

retrenched.

Workman has challenged the retrenchment on the

ground that the persons junior to him were retained in

service and the management also appointed large number

of workers on the project after his retrenchment. It is also

pleaded that the management did not take permission from

the appropriate Government for effecting the retrenchment

and as such the retrenchment is illegal and he is deemed

to be in service.

The claim was contested by the NTPC i.e.

respondent No.3 as well as by the Italian Thai Development

Co. Ltd. who have been impleaded as respondent No.2;

whereas M/s. U.R. Infrastructures Company Private Ltd.,

who is impleaded as respondent No.1 was proceeded

against ex-parte.

Respondent No.2 filed written statement

controverting the averments and pleaded that workman

was never its employee and even not engaged by it.

Respondent No.2 in its separate written statement

pleaded that workman was engaged by respondent No.1

who retrenched his services on partial completion of work

after paying him Rs.9075/- in lieu of notice period and

retrenchment compensation. That work is not perennial

in nature. That the retrenchment is legal.

Parties were given opportunities to lead their

evidence.

In support of its case the workman has appeared in

witness box and filed his affidavit reiterating the case as

set out in the claim petition.

On the other hand, Sh. Pankaj Kumar and Sh. H.R.

Sharma, appeared on behalf of respondent No.3 and 2 and

filed their affidavits reiterating the stand taken up in the

respective written statements.

I have heard Sh. M.S. Gorsi, counsel for the workman,

Sh. V.P. Singh, counsel for respondent No.3 and Sh. H.R.

Sharma for respondent No.2.

It was argued by Mr. M.S. Gorsi, learned counsel for

the workman that there is an unrebutted statement of the

workman to the effect that persons junior to the workman

were retained in service at the time of his retrenchment as

well the management employed several persons after the

retrenchment and therefore the retrenchment of the

workman is illegal.

I have considered the contention of the learned

counsel.

The workman has deposed in his affidavit that the

persons junior to him were retained in service and the

management also employed more persons after his

retrenchment. But he did not name the persons who were

junior to him and were retained in service at the time of his

retrenchment. Again he did not name the persons who

were employed by the management after retrenchment.

The workman was required to prove the said facts by

leading cogent evidence in order to claim the relief and his

bare statement that the persons junior to him were retained

in service and the management employed more persons

after his retrenchment do not carry any weight in the

absence of any documentary and other convincing

evidence on the file. Therefore it cannot be said that the

persons junior to the workman were retained in service or

more persons were employed by the management after his

retrenchment and there is any violation of Section 25G

and 25H of the Act. Rather the statement of Sh. H.R.

Sharma shows that workman was paid due compensation

as required under Section 25F of the Act at the time of

effecting the retrenchment and the same was to be effected

on account of partial completion of the work.

In result, it is held that action of the respondent

No.2 in terminating the services of the workman is legal

and the workman is not entitled to any relief and the

reference is answered against him. Let hard and soft copy

of the award be sent to the Central Government for further

necessary action.

KEWAL KRISHAN, Presiding Officer

6960

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2800-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dkWy MSe

gkbMªks bysfDVªd ikoj izkstsDV] ,uVhihlh ,aM vnlZ 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;] paMhx<+ ds iapkV (lanHkZ la[;k 29@2010) dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 17@10@2014 dks izkIr gqvk FkkA

¹la- ,y&42012@25@2010&vkbZvkj (Mh;w)º

ih- osQ- os.kqxksiky] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O.

2800.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D No. Case

No. 29/2010) of the Central Government Industrial

Tribunal-cum-Labour Court No. II, Chandigarh now as

shown in the Annexure in the Industrial Dispute between

the employers in relation to the management of the Kol

Dam Hydro Electric Power Project, NTPC & Others and

their workmen, which was received by the Central

Government on 17/10/2014.

[No. L-42012/25/2010-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH.

Present : Sri Kewal Krishan, Presiding Officer.

Case No. 29/2010

Registered on 25.5.2010

Sh. Roop Singh, S/o Sh. Jagdish Chand, C/o Sh. Rajesh

Kumar Sharma, President District CITU, District Committee

Mandi, 221/10, Thanera Mohalla, Mandi.

.....Applicant

Versus

1.

M/s. NTPC Ltd., Kol Dam Hydro Electric Power

Project, Barmana, Tehsil Sadar, District Bilaspur,

Himachal Pradesh, through its Project Manager.

2.

Proj. Manager, Italian Thai Development Co. Ltd.,

Kol Dam Hydro Electric Power Project, Village

Kayam, PO Slapper, Tehsil. Sundernagar, Mandi.

3.

The Managing Dir., M/s. AKS Engineers and

Contractors Kol Dam Hydro Electric Power Project,

Sanjay Sadan, Chhota Shimla

.....Respondents

APPEARANCES

For the workman

: Sh. M.S. Gorsi for the workman

For the Management

: Sh. V.P. Singh for respondent

No. 1

Sh. H.R. Sharma for respondent

No. 2

Respondent No.3 ex-parte

AWARD

Passed on-- 21.8.2014

Vide Order No.L-42012/25/2010-IR(DU), dated

12.5.2010 the Central Government 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 (in

short Act) has referred the aforesaid industrial disputes

for adjudication to this Tribunal.

“Whether the action of the management of M/s.

AKS Engineers and Contractors a sub contractor of

M/s. Italian Thai Development Public Co. Ltd. of

NTPC, Koldam in terminating the services of

Sh. Roop Singh w.e.f. 14/8/2008 is legal and justified?

If not, what relief the workman is entitled to?”

In response to the notice, the workman appeared

and submitted statement of claim pleading that respondent

No.1 is the principal employer who is engaged for the

construction of ‘Kol Dam, Hydro Electric Power Project’

at Harmoda; respondent No.2 is its main contractor who

in turn engaged respondent No.3 as sub-contractor.

That workman was appointed through respondent

No.3 on 27.4.2005 in driver category and he worked

continuously till 13.8.2008 and his services were

retrenched.

He challenged the retrenchment on the ground that

the persons junior to him were retained in service as well

as large number of worker were appointed after his

retrenchment, and as such, there is violation of Section

25G and 25H of the Act. It is further pleaded that there are

about 700 workers and the employer has not taken

permission from the Government for effecting retrenchment.

The same is liable to be set aside.

It is pleaded that workman may be deemed to be in

service and be given all the benefits.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6961

The claim was contested by the NTPC i.e.

respondent No.1 as well as by the Italian Thai

Development Co. Ltd. who have been impleaded as

respondent No.2; whereas M/s. AKS Engineers and

Contractors who is impleaded as respondent No.3 was

proceeded against ex parte.

Respondent No.1 filed written statement

controverting the averments and pleaded that workman

was never its employee and even not engaged by it.

Respondent No.2 in its separate written statement

pleaded that workman was engaged by respondent No.2

who retrenched his services on partial completion of work

after paying him Rs.9450/- in lieu of notice period and

retrenchment compensation. That is work is not perennial

in nature. That the retrenchment is legal.

Parties were given opportunities to lead their

evidence.

The workman did not lead any evidence and his

evidence was closed by order vide order dated 29.8.2011.

On the other hand Sh. Pankaj Kumar and Sh. H.R.

Sharma appeared on behalf of respondent No.1 and 2

and filed affidavits reiterating the stand as taken up in

their respective written statements.

I have heard Sh. M.S. Gorsi, counsel for the

workman, Sh. V.P. Singh, counsel for respondent No.1 and

Sh. H.R. Sharma, Manager for respondent No.2.

The only contention raised by the learned counsel

for the workman is that respondent No.3 retrenched the

services of the workman after retaining the persons junior

to him as well the management employed several more

workers on the project after the retrenchment and as such

the retrenchment of the workman is illegal.

It may be added that workman has pleaded the above

said facts in his statement of claim but no evidence has

been led whatsoever on the file to establish that the

persons junior to the workman were retained by

respondent No.3 at the time of retrenchment; or some other

persons were also employed on the project after the

termination of the services of the workman. There is no

dispute that the workman was paid retrenchment

compensation as required under Section 25F of the Act.

Being so, the retrenchment cannot be termed as illegal

and void.

In result, it is held that the action of respondent

No.3 in terminating the services of the workman is legal

and the workman is not entitled to any relief and the

reference is accordingly answered against the workman.

Let hard and soft copy of the award be sent to the Central

Government for further necessary action.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2801-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dkWy MSe

gkbMªks bysfDVªd ikoj izkstsDV] ,uVhihlh ,aM vnlZ 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; paMhx<+ ds iapkV (lanHkZ la[;k 126@2011) dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 17@10@2014 dks izkIr gqvk FkkA

¹la- ,y&42012@215@2010&vkbZvkj (Mh;w)º

ih- osQ- os.kqxksiky] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O.

2801.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D Case No.

126/2011) of the Central Government Industrial Tribunal-

cum-Labour Court No. II, Chandigarh now as shown in

the Annexure in the Industrial Dispute between the

employers in relation to the management of the Kol Dam

Hydro Electric Power Project, NTPC & Others and their

workmen, which was received by the Central Government

on 17/10/2014.

[No. L-42012/215/2010-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sri Kewal Krishan, Presiding Officer

Case No. 126/2011

Registered on 28.4.2011

Sh. Kuldeep Chand, S/o Sh. Roop Lal, Village Mohra, PO

Kapahra, Bilaspur.

.....Applicant

Versus

1.

M/s. UR Infrastructure Company Private Limited,

Village Chamb, Post Office Harnora, Bilaspur

2.

Proj. Manager, Italian Thai Development Co. Ltd.,

Kol Dam Hydro Electric Power Project, Village

Kayam, PO Slapper, Tehsil. Sundernagar, Mandi.

3.

The General Manager, Kol Dam Hydro Electric Power

Project, NTPC, VPO Barmana, Bilaspur

.....Respondents

APPEARANCES

For the Workman

: Sh. M.S. Gorsi for the workman

6962

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

For the Management

: Sh. V.P. Singh for respondent

No. 3

Sh. H.R. Sharma for respondent

No. 2

Respondent No.1 ex parte

AWARD

Passed on-- 21.8.2014

Vide Order No.L-42012/215/2010-IR(DU), dated

9.3.2011 the Central Government 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 (in short Act) has referred the following

industrial dispute for adjudication to this Tribunal.

“Whether the action of the management of M/s. UR

Infrastructure Co. Pvt. Ltd. sub contractor of

M/s. Italian Thai Development Public Ltd., a

contractor of M/s. NTPC Ltd. in retrenchment of the

services of Sh. Kuldeep Chand S/o Roop Lal w.e.f.

3/9/2008 without following the principle of Last come

first go is legal and justified? What relief the

workman is entitled to?”

In response to the notice, the workman submitted

statement of claim pleading that respondent No.3 is the

principal employer who is engaged for the construction

of ‘Kol Dam Hydro Electric Power Project’ at Harmoda

and has given contract to respondent No.2 who in turn

engaged respondent No.1 as its sub-contractor. The

workman was engaged by respondent No.1 on 3.1.2005

where he worked till 3.9.2008 when his services were

retrenched.

Workman has challenged the retrenchment on the

ground that the persons junior to him were retained in

service and the management also appointed large number

of workers on the project after his retrenchment. It is

also pleaded that the management did not take permission

from the appropriate Government for effecting the

retrenchment and as such the retrenchment is illegal and

he is deemed to be in service.

The claim was contested by the NTPC i.e.

respondent No.3 as well as by the Italian Thai

Development Co. Ltd. who have been impleaded as

respondent No.2; whereas M/s. U.R. Infrastructures

Company Private Ltd., who is impleaded as respondent

No.1 was proceeded against ex parte.

Respondent No.3 filed written statement

controverting the averments and pleaded that workman

was never its employee and even not engaged by it.

Respondent No.2 in its separate written statement

pleaded that workman was engaged by respondent No.1

who retrenched his services on partial completion of work

after paying him Rs.11,340/- in lieu of notice period and

retrenchment compensation. That work is not perennial

in nature. That the retrenchment is legal.

Parties were given opportunities to lead their

evidence.

In support of its case the workman has appeared in

witness box and filed his affidavit reiterating the case as

set out in the claim petition.

On the other hand Sh. Pankaj Kumar and Sh. H.R.

Sharma, appeared on behalf of respondent No.3 and 2 and

filed their affidavits reiterating the stand taken up in the

respective written statements.

I have heard Sh. M.S. Gorsi, counsel for the workman,

Sh. V.P. Singh, counsel for respondent No.3 and Sh. H.R.

Sharma for respondent No.2.

It was argued by Mr. M.S. Gorsi, learned counsel for

the workman that there is an unrebutted statement of the

workman to the effect that persons junior to the workman

were retained in service at the time of his retrenchment as

well the management employed several persons after the

retrenchment and therefore the retrenchment of the

workman is illegal.

I have considered the contention of the learned

counsel.

The workman has deposed in his affidavit that the

persons junior to him were retained in service and the

management also employed more persons after his

retrenchment. But he did not name the persons who were

junior to him and were retained in service at the time of his

retrenchment. Again he did not name the persons who

were employed by the management after retrenchment.

The workman was required to prove the said facts by

leading cogent evidence in order to claim the relief and his

bare statement that the persons junior to him were retained

in service and the management employed more persons

after his retrenchment do not carry any weight in the

absence of any documentary and other convincing

evidence on the file. Therefore it cannot be said that the

persons junior to the workman were retained in service or

more persons were employed by the management after his

retrenchment and there is any violation of Section 25G

and 25H of the Act. Rather the statement of Sh. H.R.

Sharma shows that workman was paid due compensation

as required under Section 25F of the Act at the time of

effecting the retrenchment and the same was to be effected

on account of partial completion of the work.

In result, it is held that action of the respondent

No.2 in terminating the services of the workman is legal

and the workman is not entitled to any relief and the

reference is answered against him. Let hard and soft copy

of the award be sent to the Central Government for further

necessary action.

KEWAL KRISHAN, Presiding Officer

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6963

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2802-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dkWy MSe gkbMªks

bysfDVªd ikoj izkstsDV] ,uVhihlh ,aM vnlZ 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;&II]

paMhx<+ ds iapkV (lanHkZ la[;k 134@2011) dks izdkf'kr djrh gS]

tks dsUnzh; ljdkj dks 17@10@2014 dks izkIr gqvk FkkA

¹la- ,y&42012@201@2010&vkbZvkj (Mh;w)º

ih- osQ- os.kqxksiky] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O.

2802.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D No. Case

No. 134/2011) of the Central Government Industrial

Tribunal-cum-Labour Court No. II, Chandigarh now as

shown in the Annexure in the Industrial Dispute between

the employers in relation to the management of the Kol

Dam Hydro Electric Power Project, NTPC & Others and

their workmen, which was received by the Central

Government on 17/10/2014.

[No. L-42012/201/2010-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sri Kewal Krishan, Presiding Officer

Case No. 134/2011

Registered on 28.4.2011

Sh. Kuldeep Kumar S/o Sh. Madu Ram, Village Deola

Chamb, PO Harnora, Tehsil Sadar, Bilaspur

.....Applicant

Versus

1.

M/s. UR Infrastructure Company Private Limited,

Village Chamb, Post Office Harnora, Bilaspur

2.

Proj. Manager, Italian Thai Development Co. Ltd.,

Kol Dam Hydro Electric Power Project, Village

Kayam, PO Slapper, Tehsil. Sundernagar, Mandi.

3.

The General Manager, Kol Dam Hydro Electric Power

Project, NTPC, VPO Barmana, Bilaspur

.....Respondents

APPEARANCES :

For the Workman

: Sh. M.S. Gorsi for the workman

For the Management

: Sh. V.P. Singh for respondent

No. 3

Sh. H.R. Sharma for respondent

No. 2

Respondent No.1 ex parte

AWARD

Passed on-- 21.8.2014

Vide Order No.L-42012/201/2010-IR(DU), dated

1.4.2011 the Central Government 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 (in

short Act) has referred the following industrial dispute for

adjudication to this Tribunal.

“Whether the action of the management of M/s. UR

Infrastructure Co. Pvt. Ltd. sub contractor of

M/s. Italian Thai Development Public Ltd., a

contractor of M/s. NTPC Ltd. in retrenchment of the

services of Sh. Kuldeep Kumar S/o Sh. Madu Ram

w.e.f. 1/8/2008 without following the principle of last

come first go is legal and justified? What relief the

workman is entitled to?”

In response to the notice, the workman submitted

statement of claim pleading that respondent No.3 is the

principal employer who is engaged for the construction of

‘Kol Dam Hydro Electric Power Project’ at Harmoda and

has given contract to respondent No.2 who in turn

engaged respondent No.1 as its sub-contractor. The

workman was engaged by respondent No.1 on 24.11.2004

where he worked till 1.8.2008 when his services were

retrenched.

Workman has challenged the retrenchment on the

ground that the persons junior to him were retained in

service and the management also appointed large number

of workers on the project after his retrenchment. It is

also pleaded that the management did not take permission

from the appropriate Government for effecting the

retrenchment and as such the retrenchment is illegal and

he is deemed to be in service.

The claim was contested by the NTPC i.e.

respondent No.3 as well as by the Italian Thai

Development Co. Ltd. who have been impleaded as

respondent No.2; whereas M/s. U.R. Infrastructures

Company Private Ltd., who is impleaded as respondent

No.1 was proceeded against ex parte.

Respondent No.2 filed written statement

controverting the averments and pleaded that workman

was never its employee and even not engaged by it.

Respondent No.2 in its separate written statement

pleaded that workman was engaged by respondent No.1

who retrenched his services on partial completion of work

after paying him Rs.9075/- in lieu of notice period and

6964

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

retrenchment compensation. That work is not perennial

in nature. That the retrenchment is legal.

Parties were given opportunities to lead their

evidence.

In support of its case the workman has appeared in

witness box and filed his affidavit reiterating the case as

set out in the claim petition.

On the other hand Sh. Pankaj Kumar and Sh. H.R.

Sharma, appeared on behalf of respondent No.3 and 2 and

filed their affidavits reiterating the stand taken up in the

respective written statements.

I have heard Sh. M.S. Gorsi, counsel for the workman,

Sh. V.P. Singh, counsel for respondent No.3 and Sh. H.R.

Sharma for respondent No.2.

It was argued by Mr. M.S. Gorsi, learned counsel for

the workman that there is an unrebutted statement of the

workman to the effect that persons junior to the workman

were retained in service at the time of his retrenchment as

well the management employed several persons after the

retrenchment and therefore the retrenchment of the

workman is illegal.

I have considered the contention of the learned

counsel.

The workman has deposed in his affidavit that the

persons junior to him were retained in service and the

management also employed more persons after his

retrenchment. But he did not name the persons who were

junior to him and were retained in service at the time of his

retrenchment. Again he did not name the persons who

were employed by the management after retrenchment.

The workman was required to prove the said facts by

leading cogent evidence in order to claim the relief and his

bare statement that the persons junior to him were retained

in service and the management employed more persons

after his retrenchment do not carry any weight in the

absence of any documentary and other convincing

evidence on the file. Therefore it cannot be said that the

persons junior to the workman were retained in service or

more persons were employed by the management after his

retrenchment and there is any violation of Section 25G

and 25H of the Act. Rather the statement of Sh. H.R.

Sharma shows that workman was paid due compensation

as required under Section 25F of the Act at the time of

effecting the retrenchment and the same was to be effected

on account of partial completion of the work.

In result, it is held that action of the respondent

No.2 in terminating the services of the workman is legal

and the workman is not entitled to any relief and the

reference is answered against him. Let hard and soft copy

of the award be sent to the Central Government for further

necessary action.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2803-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dkWy MSe

gkbMªks bysfDVªd ikoj izkstsDV] ,uVhihlh ,aM vnlZ 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;&II] paMhx<+ ds iapkV (lanHkZ la[;k 29@2009) dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 17@10@2014 dks izkIr gqvk FkkA

¹la- ,y&42012@117@2009&vkbZvkj (Mh;w)º

ih- osQ- os.kqxksiky] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O.

2803.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D No. Case

No. 29/2009) of the Central Government Industrial

Tribunal-cum-Labour Court No. II, Chandigarh now as

shown in the Annexure in the Industrial Dispute between

the employers in relation to the management of the Kol

Dam Hydro Electric Power Project, NTPC & Others and

their workmen, which was received by the Central

Government on 17/10/2014.

[No. L-42012/117/2009-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sri Kewal Krishan, Presiding Officer

Case No. 29/2009

Registered on 19.3.2010

Sh. Parminder Singh S/o Sh. Punjab Singh, VPO Karsol,

Tehsil Jogindernagar, Mandi (HP)

.....Applicant

Versus

1.

The General Manager, Kol Dam Hydro Electric Power

Project, NTPC, VPO Barmana, Bilaspur.

2.

Proj. Manager, Italian Thai Development Co. Ltd.,

Kol Dam Hydro Electric Power Project, Village

Kayam, PO Slapper, Tehsil. Sundernagar, Mandi.

3.

The Managing Dir., M/s AKS Engineers and

Contractors Kol Dam Hydro Electric Power Project,

Sanjay Sadan, Chhota Shimla

.....Respondents

APPEARANCES :

For the Workman

: Sh. M.S. Gorsi for the workman

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6965

For the Management

: Sh. V.P. Singh for respondent

No.1

Sh. H.R. Sharma for respondent

No. 2

Respondent No. 3 ex parte

AWARD

Passed on : 21.8.2014

Vide Order No.L-42012/117/2009-IR(DU), dated

3.3.2010 the Central Government 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 (in

short Act) has referred the following industrial dispute for

adjudication to this Tribunal.

“Whether the action of the management of

M/s. AKS Engineers & Contractors, terminating the

services of their workman Sh. Parminder Singh w.e.f.

29/8/2008 is legal and justified? If not, what relief

the workman is entitled to?”

In response to the notice, the workman submitted

statement of claim pleading that respondent No. 1 is the

principal employer who is engaged for the construction of

‘Kol Dam Hydro Electric Power Project’ at Harmoda and

has given contract to respondent No. 2 who in turn

engaged respondent No. 3 as its sub-contractor. The

workman was engaged by respondent No. 3 on 5.8.2004

where he worked till 8.9.2008 when his services were

retrenched.

Workman has challenged the retrenchment on the

ground that the persons junior to him were retained in

service and the management also appointed large number

of workers on the project after his retrenchment. It is also

pleaded that the management did not take permission from

the appropriate Government for effecting the retrenchment

and as such the retrenchment is illegal and he is deemed

to be in service.

The claim was contested by the NTPC i.e.

respondent No. 1 as well as by the Italian Thai Development

Co. Ltd. who has been impleaded as respondent No. 2,

whereas M/s. AKS Engineers and Contractors who is

impleaded as respondent No. 3 was proceeded against ex

parte.

Respondent No.1 filed written statement

controverting the averments and pleaded that workman

was never its employee and even not engaged by it.

Respondent No. 2 in its separate written statement

pleaded that workman was engaged by respondent No. 2

who retrenched his services on partial completion of work

after paying him Rs.11,340/- in lieu of notice period and

retrenchment compensation. That work is not perennial

in nature. That the retrenchment is legal.

Parties were given opportunities to lead their

evidence.

In support of its case the workman has appeared in

witness box and filed his affidavit reiterating the case as

set out in the claim petition.

On the other hand Sh. Pankaj Kumar and Sh. H.R.

Sharma, appeared on behalf of respondent No.1 and 2 and

filed their affidavits reiterating the stand taken up in the

respective written statements.

I have heard Sh. M.S. Gorsi, counsel for the workman,

Sh. V.P. Singh, counsel for respondent No.1 and Sh. H.R.

Sharma for respondent No. 2.

It was argued by Mr. M.S. Gorsi, learned counsel for

the workman that there is an unrebutted statement of the

workman to the effect that persons junior to the workman

were retained in service at the time of his retrenchment as

well the management employed several persons after the

retrenchment and therefore the retrenchment of the

workman is illegal.

I have considered the contention of the learned

counsel.

The workman has deposed in his affidavit that the

persons junior to him were retained in service and the

management also employed more persons after his

retrenchment. But he did not name the persons who were

junior to him and were retained in service at the time of his

retrenchment. Again he did not name the persons who

were employed by the management after retrenchment.

The workman was required to prove the said facts by

leading cogent evidence in order to claim the relief and his

bare statement that the persons junior to him were retained

in service and the management employed more persons

after his retrenchment do not carry any weight in the

absence of any documentary and other convincing

evidence on the file. Therefore it cannot be said that the

persons junior to the workman were retained in service or

more persons were employed by the management after his

retrenchment and there is any violation of Section 25G

and 25H of the Act. Rather the statement of Sh. H.R.

Sharma shows that workman was paid due compensation

as required under Section 25F of the Act at the time of

effecting the retrenchment and the same was to be effected

on account of partial completion of the work.

In result, it is held that action of the respondent

No. 2 in terminating the services of the workman is legal

and the workman is not entitled to any relief and the

reference is answered against him. Let hard and soft copy

of the award be sent to the Central Government for further

necessary action.

KEWAL KRISHAN, Presiding Officer

6966

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2804-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dkWy MSe

gkbMªks bysfDVªd ikoj izkstsDV] ,uVhihlh ,aM vnlZ 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; paMhx<+ ds iapkV (lanHkZ la[;k 28@2010) dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 17@10@2014 dks izkIr gqvk FkkA

¹la- ,y&42012@24@2010&vkbZvkj (Mh;w)º

ih- osQ- os.kqxksiky] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O.

2804.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D No. Case

No. 28/2010) of the Central Government Industrial

Tribunal-cum-Labour Court No. II, Chandigarh now as

shown in the Annexure in the Industrial Dispute between

the employers in relation to the management of the Kol

Dam Hydro Electric Power Project, NTPC & Others and

their workmen, which was received by the Central

Government on 17/10/2014.

[No. L-42012/24/2010-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sri Kewal Krishan, Presiding Officer

Case No. 28/2010

Registered on 25.5.2010

Sh. Rajesh Kumar S/o Sh. Nikka Ram, C/o Sh. Rajesh Kumar

Sharma President District CITU District Committee Mandi,

221/10, thanera Mohalla, Mandi.

.....Applicant

Versus

1.

The General Manager, Kol Dam Hydro Electric Power

Project, NTPC, VPO Barmana, Bilaspur.

2.

Proj. Manager, Italian Thai Development Co. Ltd.,

Kol Dam Hydro Electric Power Project, Village

Kayam, PO Slapper, Tehsil Sundernagar, Mandi.

3.

The Managing Dir., M/s. AKS Engineers and

Contractors Kol Dam Hydro Electric Power Project,

Sanjay Sadan, Chhota Shimla

.....Respondents

APPEARANCES :

For the workman

: Sh. M.S. Gorsi for the workman

For the Management

: Sh. V.P. Singh for respondent

No. 1

Sh. H.R. Sharma for respondent

No. 2

Respondent No. 3 ex parte

AWARD

Passed on 21.8.2014

Vide Order No. L-42012/24/2010-IR(DU), dated

12.5.2010 the Central Government 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 (in

short Act) has referred the following industrial dispute for

adjudication to this Tribunal.

“Whether the action of the management of

M/s. AKS Engineers & Contractors, a sub contractor

of M/s. Italian Thai Development Public Co. Ltd. of

NTPC, Kol Dam in terminating the services of

Sh. Rajesh Kumar w.e.f. 14/8/2008 is legal and justified?

If not, what relief the workman is entitled to?”

In response to the notice, the workman submitted

statement of claim pleading that respondent No.1 is the

principal employer who is engaged for the construction of

‘Kol Dam Hydro Electric Power Project’ at Harmoda and

has given contract to respondent No. 2 who in turn

engaged respondent No. 3 as its sub-contractor. The

workman was engaged by respondent No. 3 on 1.4.2004

where he worked till 14.8.2008 when his services were

retrenched.

Workman has challenged the retrenchment on the

ground that the persons junior to him were retained in

service and the management also appointed large number

of workers on the project after his retrenchment. It is also

pleaded that the management did not take permission from

the appropriate Government for effecting the retrenchment

and as such the retrenchment is illegal and he is deemed

to be in service.

The claim was contested by the NTPC i.e.

respondent No.1 as well as by the Italian Thai Development

Co. Ltd. who has been impleaded as respondent No. 2,

whereas M/s. AKS Engineers and Contractors who is

impleaded as respondent No. 3 was proceeded against ex

parte.

Respondent No.1 filed written statement

controverting the averments and pleaded that workman

was never its employee and even not engaged by it.

Respondent No. 2 in its separate written statement

pleaded that workman was engaged by respondent No. 2

who retrenched his services on partial completion of work

after paying him Rs.7563/- in lieu of notice period and

retrenchment compensation. That work is not perennial

in nature. That the retrenchment is legal.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6967

Parties were given opportunities to lead their

evidence.

In support of its case the workman has appeared in

witness box and filed his affidavit reiterating the case as

set out in the claim petition.

On the other hand Sh. Pankaj Kumar and Sh. H.R.

Sharma, appeared on behalf of respondent No.1 and 2 and

filed their affidavits reiterating the stand taken up in the

respective written statements.

I have heard Sh. M.S. Gorsi, counsel for the workman,

Sh. V.P. Singh, counsel for respondent No.1 and Sh. H.R.

Sharma for respondent No.2.

It was argued by Mr. M.S. Gorsi, learned counsel for

the workman that there is an unrebutted statement of the

workman to the effect that persons junior to the workman

were retained in service at the time of his retrenchment as

well the management employed several persons after the

retrenchment and therefore the retrenchment of the

workman is illegal.

I have considered the contention of the learned

counsel.

The workman has deposed in his affidavit that the

persons junior to him were retained in service and the

management also employed more persons after his

retrenchment. But he did not name the persons who were

junior to him and were retained in service at the time of his

retrenchment. Again he did not name the persons who

were employed by the management after retrenchment.

The workman was required to prove the said facts by

leading cogent evidence in order to claim the relief and his

bare statement that the persons junior to him were retained

in service and the management employed more persons

after his retrenchment do not carry any weight in the

absence of any documentary and other convincing

evidence on the file. Therefore it cannot be said that the

persons junior to the workman were retained in service or

more persons were employed by the management after his

retrenchment and there is any violation of Section 25G

and 25H of the Act. Rather the statement of Sh. H.R.

Sharma shows that workman was paid due compensation

as required under Section 25F of the Act at the time of

effecting the retrenchment and the same was to be effected

on account of partial completion of the work.

In result, it is held that action of the respondent

No.2 in terminating the services of the workman is legal

and the workman is not entitled to any relief and the

reference is answered against him. Let hard and soft copy

of the award be sent to the Central Government for further

necessary action.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2805-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dkWy MSe

gkbMªks bysfDVªd ikoj izkstsDV] ,uVhihlh ,aM vnlZ 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; ua- 2] paMhx<+ ds iapkV (lanHkZ la[;k 85@2010) dks

izdkf'kr djrh gS tks dsUnzh; ljdkj dks 17@10@2014 dks izkIr

gqvk FkkA

¹la- ,y&42012@120@2010&vkbZvkj (Mh;w)º

ih- osQ- os.kqxksiky] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O.

2805.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. Case

No. 85/2010) of the Central Government Industrial

Tribunal-cum-Labour Court No. II, Chandigarh now as

shown in the Annexure in the Industrial Dispute between

the employers in relation to the management of the Kol

Dam Hydro Electric Power Project, NTPC & Others and

their workmen, which was received by the Central

Government on 17/10/2014.

[No. L-42012/120/2010-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sri Kewal Krishan, Presiding Officer

Case No. 85/2010

Registered on 26.10.2010

Sh. Mani Ram, S/o Sh. Rattan Singh, Village Ropari, PO

Kapahi, Tehsil Sundernagar, Mandi.

.....Applicant

Versus

1.

The General Manager, Kol Dam Hydro Electric Power

Project, NTPC, VPO Barmana, Bilaspur.

2.

Proj. Manager, Italian Thai Development Co. Ltd.,

Kol Dam Hydro Electric Power Project, Village

Kayam, PO Slapper, Tehsil. Sundernagar, Mandi.

3.

The Managing Dir., M/s. AKS Engineers and

Contractors Kol Dam Hydro Electric Power Project,

Sanjay Sadan, Chhota Shimla

...Respondents

APPEARANCES :

For the Workman

: Sh. M.S. Gorsi for the workman

6968

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

For the Management

: Sh. V.P. Singh for respondent

No. 1

Sh. H.R. Sharma for respondent

No. 2

Respondent No.3 ex parte

AWARD

Passed on 21.8.2014

Vide Order No.L-42012/120/2010-IR(DU), dated

29.9.2010 the Central Government 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 (in

short Act) has referred the following industrial dispute for

adjudication to this Tribunal.

“Whether the action of the management of

M/s. AKS Engineers & Contractors, a contractor

engaged by NTPC Koldam Hydroelectric Power

Project, Bilaspur in terminating the services of their

workman Sh. Mani Ram S/o Sh. Rattan Singh w.e.f.

1/8/2008 is legal and justified? If not, what relief the

workman is entitled to?”

In response to the notice, the workman submitted

statement of claim pleading that respondent No.1 is the

principal employer who is engaged for the construction of

‘Kol Dam Hydro Electric Power Project’ at Harmoda and

has given contract to respondent No.2 who in turn

engaged respondent No.3 as its sub-contractor. The

workman was engaged by respondent No.3 on 19.8.2004

where he worked till 31.7.2008 when his services were

retrenched.

Workman has challenged the retrenchment on the

ground that the persons junior to him were retained in

service and the management also appointed large number

of workers on the project after his retrenchment. It is also

pleaded that the management did not take permission from

the appropriate Government for effecting the retrenchment

and as such the retrenchment is illegal and he is deemed

to be in service.

The claim was contested by the NTPC i.e.

respondent No.2 as well as by the Italian Thai Development

Co. Ltd. who have been impleaded as respondent No.2;

whereas M/s. AKS Engineers and Contractors who is

impleaded as respondent No.3 was proceeded against ex

parte.

Respondent No.1 filed written statement

controverting the averments and pleaded that workman

was never its employee and even not engaged by it.

Respondent No.2 in its separate written statement

pleaded that workman was engaged by respondent No.3

who retrenched his services on partial completion of work

after paying him Rs.11,340/- in lieu of notice period and

retrenchment compensation. That work is not perennial

in nature. That the retrenchment is legal.

Parties were given opportunities to lead their

evidence.

In support of its case the workman has appeared in

witness box and filed his affidavit reiterating the case as

set out in the claim petition.

On the other hand Sh. Pankaj Kumar and Sh. H.R.

Sharma, appeared on behalf of respondent No.1 and 2 and

filed their affidavits reiterating the stand taken up in the

respective written statements.

I have heard Sh. M.S. Gorsi, counsel for the workman,

Sh. V.P. Singh, counsel for respondent No.1 and Sh. H.R.

Sharma for respondent No.2.

It was argued by Mr. M.S. Gorsi, learned counsel for

the workman that there is an unrebutted statement of the

workman to the effect that persons junior to the workman

were retained in service at the time of his retrenchment as

well the management employed several persons after the

retrenchment and therefore the retrenchment of the

workman is illegal.

I have considered the contention of the learned

counsel.

The workman has deposed in his affidavit that the

persons junior to him were retained in service and the

management also employed more persons after his

retrenchment. But he did not name the persons who were

junior to him and were retained in service at the time of his

retrenchment. Again he did not name the persons who

were employed by the management after retrenchment.

The workman was required to prove the said facts by

leading cogent evidence in order to claim the relief and his

bare statement that the persons junior to him were retained

in service and the management employed more persons

after his retrenchment do not carry any weight in the

absence of any documentary and other convincing

evidence on the file. Therefore it cannot be said that the

persons junior to the workman were retained in service or

more persons were employed by the management after his

retrenchment and there is any violation of Section 25G

and 25H of the Act. Rather the statement of Sh. H.R.

Sharma shows that workman was paid due compensation

as required under Section 25F of the Act at the time of

effecting the retrenchment and the same was to be effected

on account of partial completion of the work.

In result, it is held that action of the respondent

No.2 in terminating the services of the workman is legal

and the workman is not entitled to any relief and the

reference is answered against him. Let hard and soft copy

of the award be sent to the Central Government for further

necessary action.

KEWAL KRISHAN, Presiding Officer

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6969

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2806-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dkWy MSe

gkbMªks bysfDVªd ikoj izkstsDV] ,uVhihlh ,aM vnlZ 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; ua- 2] paMhx<+ ds iapkV (lanHkZ la[;k 124@2011) dks

izdkf'kr djrh gS tks dsUnzh; ljdkj dks 17@10@2014 dks izkIr

gqvk FkkA

¹la- ,y&42012@212@2009&vkbZvkj (Mh;w)º

ih- osQ- os.kqxksiky] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O.

2806.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D No. Case

No. 124/2011) of the Central Government Industrial

Tribunal-cum-Labour Court No. II, Chandigarh now as

shown in the Annexure in the Industrial Dispute between

the employers in relation to the management of the Kol

Dam Hydro Electric Power Project, NTPC & Others and

their workmen, which was received by the Central

Government on 17/10/2014.

[No. L-42012/212/2009-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sri Kewal Krishan, Presiding Officer

Case No. 124/2011

Registered on 28.4.2011

Sh. Ganga Ram S/o Sh. Nank Chand, Village Jukhari, PO

Galot, Tehsil Nalagarh, Solan (HP).

.....Applicant

Versus

1.

The General Manager, Kol Dam Hydro Electric Power

Project, NTPC, VPO Barmana, Bilaspur

2.

Proj. Manager, Italian Thai Development Co. Ltd.,

Kol Dam Hydra Electric Power Project, Village

Kayam, PO Slapper, Tehsil. Sundernagar, Mandi.

3.

M/s UR Infrastructure Company Private Limited,

Village Chamb, Post Office Harnora, Bilaspur

.....Respondents

APPEARANCES

For the workman

: Sh. M.S. Gorsi for the workman

For the Management

: Sh. V.P. Singh for respondent

No. 1

Sh. H.R. Sharma for respondent

No. 2

Respondent No.3 ex parte

AWARD

Passed on 21.8.2014

Vide Order No.L-42012/212/2010-IR(DU), dated

1.4.2011 the Central Government 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 (in short Act) has referred the aforesaid industrial

disputes for adjudication to this Tribunal.

“Whether the action of the management of M/s. UR

Infrastructure Co. Pvt. Ltd. sub contractor of

M/s. Italian Thai Development Public Ltd., a

contractor of M/s. NTPC Ltd. in retrenchment of the

services of Sh. Ganga Ram S/o Nanak Chand w.e.f.

3/9/2003 without following the principle of Last come

first go is legal and justified? What relief the

workman is entitled to?”

In response to the notice, the workman submitted

statement of claim pleading that respondent No.1 is the

principal employer who is engaged for the construction

of ‘Kol Dam Hydro Electric Power Project’ at Harmoda

and has given contract to respondent No.2 who in turn

engaged respondent No.3 as its sub-contractor. The

workman was engaged by respondent No.3 on 3.1.2005

where he worked till 3.9.2008 when his services were

retrenched.

Workman has challenged the retrenchment on the

ground that the persons junior to him were retained in

service and the management also appointed large number

of workers on the project after his retrenchment. It is also

pleaded that the management did not take permission from

the appropriate Government for effecting the retrenchment

and as such the retrenchment is illegal and he is deemed

to be in service.

The claim was contested by the NTPC i.e.

respondent No.1 as well as by the Italian Thai

Development Co. Ltd. who have been impleaded as

respondent No.2; whereas M/s. U.R. Infrastructures

Company Private Ltd., who is impleaded as respondent

No.3 was proceeded against ex parte.

Respondent No.1 filed written statement

controverting the averments and pleaded that workman

was never its employee and even not engaged by it.

Respondent No.2 in its separate written statement

pleaded that workman was engaged by respondent No.3

who retrenched his services on partial completion of work

after paying him Rs.9075/- in lieu of notice period and

6970

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

retrenchment compensation. That work is not perennial

in nature. That the retrenchment is legal.

Parties were given opportunities to lead their

evidence.

In support of its case the workman has appeared in

witness box and filed his affidavit reiterating the case as

set out in the claim petition.

On the other hand Sh. Pankaj Kumar and Sh. H.R.

Sharma, appeared on behalf of respondent No.1 and 2

and filed their affidavits reiterating the stand taken up in

the respective written statements.

I have heard Sh. M.S. Gorsi, counsel for the

workman, Sh. V.P. Singh, counsel for respondent No.1

and Sh. H.R. Sharma for respondent No.2.

It was argued by Mr. M.S. Gorsi, learned counsel for

the workman that there is an unrebutted statement of the

workman to the effect that persons junior to the workman

were retained in service at the time of his retrenchment as

well the management employed several persons after the

retrenchment and therefore the retrenchment of the

workman is illegal.

I have considered the contention of the learned

counsel.

The workman has deposed in his affidavit that the

persons junior to him were retained in service and the

management also employed more persons after his

retrenchment. But he did not name the persons who were

junior to him and were retained in service at the time of his

retrenchment. Again he did not name the persons who

were employed by the management after retrenchment.

The workman was required to prove the said facts by

leading cogent evidence in order to claim the relief and his

bare statement that the persons junior to him were retained

in service and the management employed more persons

after his retrenchment do not carry any weight in the

absence of any documentary and other convincing

evidence on the file. Therefore it cannot be said that the

persons junior to the workman were retained in service or

more persons were employed by the management after his

retrenchment and there is any violation of Section 25G

and 25H of the Act. Rather the statement of Sh. H.R.

Sharma shows that workman was paid due compensation

as required under Section 25F of the Act at the time of

effecting the retrenchment and the same was to be effected

on account of partial completion of the work.

In result, it is held that action of the respondent

No.2 in terminating the services of the workman is legal

and the workman is not entitled to any relief and the

reference is answered against him. Let hard and soft copy

of the award be sent to the Central Government for further

necessary action.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2807-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dkWy MSe

gkbMªks bysfDVªd ikoj izkstsDV] ,uVhihlh ,aM vnlZ 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; ua- 2] paMhx<+ ds iapkV (lanHkZ la[;k 16@2010) dks

izdkf'kr djrh gS tks dsUnzh; ljdkj dks 17@10@2014 dks izkIr

gqvk FkkA

¹la- ,y&42012@42@2010&vkbZvkj (Mh;w)º

ih- osQ- os.kqxksiky] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O.

2807.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D No. Case

No. 16/2010) of the Central Government Industrial

Tribunal-cum-Labour Court No. II, Chandigarh now as

shown in the Annexure in the Industrial Dispute between

the employers in relation to the management of the Kol

Dam Hydro Electric Power Project, NTPC & Others and

their workmen, which was received by the Central

Government on 17/10/2014.

[No. L-42012/42/2010-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sri Kewal Krishan, Presiding Officer

Case No. 16/2010

Registered on 25.5.2010

Sh. Rattan Lal, S/o Sh. Sadhu Ram, C/o Sh. Rajesh Kumar

Sharma President District CITU District Committee Mandi,

221/10, thanera Mohalla, Mandi.

.....Applicant

Versus

1.

The General Manager, Kol Dam Hydro Electric Power

Project, NTPC, VPO Barmana, Bilaspur.

2.

Proj. Manager, Italian Thai Development Co. Ltd.,

Kol Dam Hydro Electric Power Project, Village

Kayam, PO Slapper, Tehsil. Sundernagar, Mandi.

3.

The Managing Dir., M/s. AKS Engineers and

Contractors Kol Dam Hydro Electric Power Project,

Sanjay Sadan, Chhota Shimla

....Respondents

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6971

APPEARANCES :

For the workman

: Sh. M.S. Gorsi for the workman

For the Management

: Sh. V.P. Singh for respondent

No. 1

Sh. H.R. Sharma for respondent

No. 2

Respondent No.3 ex parte

AWARD

Passed on 21.8.2014

Vide Order No.L-42012/42/2010-IR(DU), dated

12.5.2010 the Central Government 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 (in

short Act) has referred the following industrial dispute for

adjudication to this Tribunal.

“Whether the action of the management of M/s AKS

Engineers & Contractors, a sub-contractor of M/s

Italian Thai Development Public Co. Ltd. of NTPC,

Kol dam in terminating the services of Sh. Rattan Lal

w.e.f. 14/8/2008 is legal and justified? If not, what

relief the workman is entitled to?”

In response to the notice, the workman submitted

statement of claim pleading that respondent No.1 is the

principal employer who is engaged for the construction of

‘Kol Dam Hydro Electric Power Project’ at Harmoda and

has given contract to respondent No.2 who in turn

engaged respondent No.3 as its sub-contractor. The

workman was engaged by respondent No.3 on 21.8.2004

where he worked till 14.8.2008 when his services were

retrenched.

Workman has challenged the retrenchment on the

ground that the persons junior to him were retained in

service and the management also appointed large number

of workers on the project after his retrenchment. It is also

pleaded that the management did not take permission from

the appropriate Government for effecting the retrenchment

and as such the retrenchment is illegal and he is deemed

to be in service.

The claim was contested by the NTPC i.e.

respondent No.1 as well as by the Italian Thai Development

Co. Ltd. who has been impleaded as respondent No.2,

whereas M/s AKS Engineers and Contractors who is

impleaded as respondent No.3 was proceeded against ex

parte.

Respondent No.1 filed written statement

controverting the averments and pleaded that workman

was never its employee and even not engaged by it.

Respondent No.2 in its separate written statement

pleaded that workman was engaged by respondent No.2

who retrenched his services on partial completion of work

after paying him Rs.11,340/- in lieu of notice period and

retrenchment compensation. That work is not perennial

in nature. That the retrenchment is legal.

Parties were given opportunities to lead their

evidence.

In support of its case the workman has appeared in

witness box and filed his affidavit reiterating the case as

set out in the claim petition.

On the other hand Sh. Pankaj Kumar and Sh. H.R.

Sharma, appeared on behalf of respondent No.1 and 2 and

filed their affidavits reiterating the stand taken up in the

respective written statements.

I have heard Sh. M.S. Gorsi, counsel for the workman,

Sh. V.P. Singh, counsel for respondent No.1 and Sh. H.R.

Sharma for respondent No.2.

It was argued by Mr. M.S. Gorsi, learned counsel for

the workman that there is an unrebutted statement of the

workman to the effect that persons junior to the workman

were retained in service at the time of his retrenchment as

well the management employed several persons after the

retrenchment and therefore the retrenchment of the

workman is illegal.

I have considered the contention of the learned

counsel.

The workman has deposed in his affidavit that the

persons junior to him were retained in service and the

management also employed more persons after his

retrenchment. But he did not name the persons who were

junior to him and were retained in service at the time of his

retrenchment. Again he did not name the persons who

were employed by the management after retrenchment.

The workman was required to prove the said facts by

leading cogent evidence in order to claim the relief and his

bare statement that the persons junior to him were retained

in service and the management employed more persons

after his retrenchment do not carry any weight in the

absence of any documentary and other convincing

evidence on the file. Therefore it cannot be said that the

persons junior to the workman were retained in service or

more persons were employed by the management after his

retrenchment and there is any violation of Section 25G

and 25H of the Act. Rather the statement of Sh. H.R.

Sharma shows that workman was paid due compensation

as required under Section 25F of the Act at the time of

effecting the retrenchment and the same was to be effected

on account of partial completion of the work.

In result, it is held that action of the respondent

No.2 in terminating the services of the workman is legal

and the workman is not entitled to any relief and the

reference is answered against him. Let hard and soft copy

of the award be sent to the Central Government for further

necessary action.

KEWAL KRISHAN, Presiding Officer

6972

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2808-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dkWy MSe

gkbMªks bysfDVªd ikoj izkstsDV] ,uVhihlh ,aM vnlZ 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;] paMhx<+ ds iapkV (lanHkZ la[;k 13@2010) dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 17@10@2014 dks izkIr gqvk FkkA

¹la- ,y&42012@29@2010&vkbZvkj (Mh;w)º

ih- osQ- os.kqxksiky] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O.

2808.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D No. 13/2010)

of the Central Government Industrial Tribunal-cum-Labour

Court No. II, Chandigarh now as shown in the Annexure

in the Industrial Dispute between the employers in relation

to the management of the Kol Dam Hydro Electric Power

Project, NTPC & Others and their workmen, which was

received by the Central Government on 17/10/2014.

[No. L-42012/29/2010-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sri Kewal Krishan, Presiding Officer

Case No. 13/2010

Registered on 25.5.2010

Sh. Rajesh Kumar, S/o Muni Lal, C/o Sh. Rajesh Kumar

Sharma, President District CITU, District Committee Mandi,

221/10, Thanera Mohalla, Mandi.

...Applicant

Versus

1.

The General Manager, Kol Dam Hydro Electric Power

Project, NTPC, VPO Barmana, Bilaspur

2.

Proj. Manager, Italian Thai Development Co. Ltd.,

Kol Dam Hydro Electric Power Project, Village

Kayam, PO Slapper, Tehsil. Sundernagar, Mandi

3.

The Managing Dir., M/s AKS Engineers and

Contractors Kol Dam Hydro Electric Power Project,

Sanjay Sadan, Chhota Shimla

...Respondents

APPEARANCES :

For the Workman

: Sh. M.S. Gorsi for the workman

For the Management

: Sh. V.P. Singh for respondent

No. 1

Sh. H.R. Sharma for respondent

No. 2

Respondent No.3 ex parte

AWARD

Passed on : 21-8-2014

Vide Order No.L-42012/29/2010-IR(DU), dated

12.5.2010 the Central Government 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 (in short Act) has referred the following industrial

dispute for adjudication to this Tribunal.

“Whether the action of the management of M/s AKS

Engineers & Contractors, a sub-contractor of M/s Italian

Thai Development Public Co. Ltd. of NTPC, Koldam in

terminating the services of Sh. Rajesh Kumar w.e.f. 14/

8/2008 is legal and justified? If not, what relief the

workman is entitled to?”

In response to the notice, the workman submitted

statement of claim pleading that respondent No.1 is the

principal employer who is engaged for the construction

of ‘Kol Dam Hydro Electric Power Project’ at Harmoda

and has given contract to respondent No.2 who in turn

engaged respondent No.3 as its sub-contractor. The

workman was engaged by respondent No.3 on 26.8.2004

where he worked till 14.8.2008 when his services were

retrenched.

Workman has challenged the retrenchment on the

ground that the persons junior to him were retained in

service and the management also appointed large number

of workers on the project after his retrenchment. It is

also pleaded that the management did not take permission

from the appropriate Government for effecting the

retrenchment and as such the retrenchment is illegal and

he is deemed to be in service.

The claim was contested by the NTPC i.e.

respondent No.1 as well as by the Italian Thai

Development Co. Ltd. who has been impleaded as

respondent No.2, whereas M/s AKS Engineers and

Contractors who is impleaded as respondent No.2 was

proceeded against ex parte.

Respondent No.1 filed written statement

controverting the averments and pleaded that workman

was never its employee and even not engaged by it.

Respondent No.2 in its separate written statement

pleaded that workman was engaged by respondent No.3

who retrenched his services on partial completion of work

after paying him Rs.9075/- in lieu of notice period and

retrenchment compensation. That work is not perennial

in nature. That the retrenchment is legal.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6973

Parties were given opportunities to lead their

evidence.

In support of its case the workman has appeared in

witness box and filed his affidavit reiterating the case as

set out in the claim petition.

On the other hand Sh. Pankaj Kumar and Sh. H.R.

Sharma, appeared on behalf of respondent No.1 and 2 and

filed their affidavits reiterating the stand taken up in the

respective written statements.

I have heard Sh. M.S. Gorsi, counsel for the workman,

Sh. V.P. Singh, counsel for respondent No.1 and Sh. H.R.

Sharma for respondent No.2.

It was argued by Mr. M.S. Gorsi, learned counsel for

the workman that there is an unrebutted statement of the

workman to the effect that persons junior to the workman

were retained in service at the time of his retrenchment as

well the management employed several persons after the

retrenchment and therefore the retrenchment of the

workman is illegal.

I have considered the contention of the learned

counsel.

The workman has deposed in his affidavit that the

persons junior to him were retained in service and the

management also employed more persons after his

retrenchment. But he did not name the persons who were

junior to him and were retained in service at the time of his

retrenchment. Again he did not name the persons who

were employed by the management after retrenchment.

The workman was required to prove the said facts by

leading cogent evidence in order to claim the relief and his

bare statement that the persons junior to him were retained

in service and the management employed more persons

after his retrenchment do not carry any weight in the

absence of any documentary and other convincing

evidence on the file. Therefore it cannot be said that the

persons junior to the workman were retained in service or

more persons were employed by the management after his

retrenchment and there is any violation of Section 25G

and 25H of the Act. Rather the statement of Sh. H.R.

Sharma shows that workman was paid due compensation

as required under Section 25F of the Act at the time of

effecting the retrenchment and the same was to be effected

on account of partial completion of the work.

In result, it is held that action of the respondent

No.2 in terminating the services of the workman is legal

and the workman is not entitled to any relief and the

reference is answered against him. Let hard and soft copy

of the award be sent to the Central Government for further

necessary action.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2809-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dkWy MSe

gkbMªks bysfDVªd ikoj izkstsDV] ,uVhihlh ,aM vnlZ 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; paMhx<+ ds iapkV (lanHkZ la[;k 17@2010) dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 17@10@2014 dks izkIr gqvk FkkA

¹la- ,y&42012@21@2010&vkbZvkj (Mh;w)º

ih- osQ- os.kqxksiky] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O.

2809.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D No. 17/2010)

of the Central Government Industrial Tribunal-cum-Labour

Court No. II, Chandigarh now as shown in the Annexure

in the Industrial Dispute between the employers in relation

to the management of the Kol Dam Hydro Electric Power

Project, NTPC & Others and their workmen, which was

received by the Central Government on 17/10/2014.

[No. L-42012/21/2010-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sri Kewal Krishan, Presiding Officer

Case No.17/2010

Registered on 25.5.2010

Sh. Ved Prakash, S/o Sh. Kamlesh, C/o Sh. Rajesh Kumar

Sharma President District CITU District Committee Mandi,

221/10, thanera Mohalla, Mandi.

Applicant

Versus

1.

The General Manager, Kol Dam Hydro Electric Power

Project, NTPC, VPO Barmana, Bilaspur.

2.

Proj. Manager, Italian Thai Development Co. Ltd.,

Kol Dam Hydro Electric Power Project, Village

Kayam, PO Slapper, Tehsil. Sundernagar, Mandi.

3.

The Managing Dir., M/s AKS Engineers and

Contractors Kol Dam Hydro Electric Power Project,

Sanjay Sadan, Chhota Shimla

Respondents

APPEARANCES

For the Workman

: Sh. M.S. Gorsi for the workman

6974

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

For the Management

: Sh. V.P. Singh for respondent

No. 1

Sh. H.R. Sharma for respondent

No. 2

Respondent No.3 ex parte

AWARD

Passed on 21.8.2014

Vide Order No.L-42012/21/2010-IR(DU), dated

12.5.2010 the Central Government 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 (in

short Act) has referred the following industrial dispute for

adjudication to this Tribunal.

“Whether the action of the management of M/s AKS

Engineers & Contractors, a sub-contractor of M/s

Italian Thai Development Public Co. Ltd. of NTPC,

Kol Dam in terminating the services of Sh. Ved

Prakash w.e.f. 14/8/2008 is legal and justified? If

not, what relief the workman is entitled to?”

In response to the notice, the workman submitted

statement of claim pleading that respondent No.1 is the

principal employer who is engaged for the construction of

‘Kol Dam Hydro Electric Power Project’ at Harmoda and

has given contract to respondent No.2 who in turn

engaged respondent No.3 as its sub-contractor. The

workman was engaged by respondent No.3 on 9.6.2005

where he worked till 14.8.2008 when his services were

retrenched.

Workman has challenged the retrenchment on the

ground that the persons junior to him were retained in

service and the management also appointed large number

of workers on the project after his retrenchment. It is also

pleaded that the management did not take permission from

the appropriate Government for effecting the retrenchment

and as such the retrenchment is illegal and he is deemed

to be in service.

The claim was contested by the NTPC i.e.

respondent No.1 as well as by the Italian Thai Development

Co. Ltd. who has been impleaded as respondent No.2,

whereas M/s AKS Engineers and Contractors who is

impleaded as respondent No.3 was proceeded against ex

parte.

Respondent No.1 filed written statement

controverting the averments and pleaded that workman

was never its employee and even not engaged by it.

Respondent No.2 in its separate written statement

pleaded that workman was engaged by respondent No.2

who retrenched his services on partial completion of work

after paying him Rs.8375/- in lieu of notice period and

retrenchment compensation. That work is not perennial

in nature. That the retrenchment is legal.

Parties were given opportunities to lead their

evidence.

In support of its case the workman has appeared in

witness box and filed his affidavit reiterating the case as

set out in the claim petition.

On the other hand Sh. Pankaj Kumar and Sh. H.R.

Sharma, appeared on behalf of respondent No.1 and 2 and

filed their affidavits reiterating the stand taken up in the

respective written statements.

I have heard Sh. M.S. Gorsi, counsel for the workman,

Sh. V.P. Singh, counsel for respondent No.1 and Sh. H.R.

Sharma for respondent No.2.

It was argued by Mr. M.S. Gorsi, learned counsel for

the workman that there is an unrebutted statement of the

workman to the effect that persons junior to the workman

were retained in service at the time of his retrenchment as

well the management employed several persons after the

retrenchment and therefore the retrenchment of the

workman is illegal.

I have considered the contention of the learned

counsel.

The workman has deposed in his affidavit that the

persons junior to him were retained in service and the

management also employed more persons after his

retrenchment. But he did not name the persons who were

junior to him and were retained in service at the time of his

retrenchment. Again he did not name the persons who

were employed by the management after retrenchment.

The workman was required to prove the said facts by

leading cogent evidence in order to claim the relief and his

bare statement that the persons junior to him were retained

in service and the management employed more persons

after his retrenchment do not carry any weight in the

absence of any documentary and other convincing

evidence on the file. Therefore it cannot be said that the

persons junior to the workman were retained in service or

more persons were employed by the management after his

retrenchment and there is any violation of Section 25G

and 25H of the Act. Rather the statement of Sh. H.R.

Sharma shows that workman was paid due compensation

as required under Section 25F of the Act at the time of

effecting the retrenchment and the same was to be effected

on account of partial completion of the work.

In result, it is held that action of the respondent

No.2 in terminating the services of the workman is legal

and the workman is not entitled to any relief and the

reference is answered against him. Let hard and soft copy

of the award be sent to the Central Government for further

necessary action.

KEWAL KRISHAN, Presiding Officer

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6975

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2810-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dkWy MSe

gkbMªks bysfDVªd ikoj izkstsDV] ,uVhihlh ,aM vnlZ 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; paMhx<+ ds iapkV (lanHkZ la[;k 27@2010) dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 17@10@2014 dks izkIr gqvk FkkA

¹la- ,y&42012@39@2010&vkbZvkj (Mh;w)º

ih- osQ- os.kqxksiky] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O.

2810.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D No. Case

No. 27/2010) of the Central Government Industrial Tribunal

Cum Labour Court No. II, Chandigarh now as shown in

the Annexure in the Industrial Dispute between the

employers in relation to the management of the Kol Dam

Hydro Electric Power Project, NTPC & Others and their

workmen, which was received by the Central Government

on 17/10/2014.

[No. L-42012/39/2010-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sri Kewal Krishan, Presiding Officer

Case No. 27/2010

Registered on 25.5.2010

Sh. Pyar Chand, S/o Sh. Bhagmal, Village Chullra, PO

Karoti, Tehsil Saloni, Distt. Chamba, Himachal Pradesh

...Applicant

Versus

1.

The General Manager, Kol Dam Hydro Electric Power

Project, NTPC, VPO Barmana, Bilaspur.

2.

Proj. Manager, Italian Thai Development Co. Ltd.,

Kol Dam Hydro Electric Power Project, Village

Kayam, PO Slapper, Tehsil. Sundernagar, Mandi.

3.

The Managing Dir., M/s AKS Engineers and

Contractors Kol Dam Hydro Electric Power Project,

Sanjay Sadan, Chhota Shimla

...Respondents

APPEARANCES

For the Workman

: Sh. M.S. Gorsi for the workman

For the Management

: Sh. V.P. Singh for respondent

No. 1

Sh. H.R. Sharma for respondent

No. 2

Respondent No.3 ex parte

AWARD

Passed on : 21.8.2014

Vide Order No.L-42012/39/2010-IR(DU), dated

12.5.2010 the Central Government 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 (in

short Act) has referred the following industrial dispute for

adjudication to this Tribunal.

“Whether the action of the management of M/s AKS

Engineers & Contractors, a sub contractor of M/s

Italian Thai Development Public Co. Ltd. of NTPC,

Kol dam in terminating the services of Sh. Pyar Chand

w.e.f. 29/8/2008 is legal and justified? If not, what

relief the workman is entitled to?”

In response to the notice, the workman submitted

statement of claim pleading that respondent No.1 is the

principal employer who is engaged for the construction of

‘Kol Dam Hydro Electric Power Project’ at Harmoda and

has given contract to respondent No.2 who in turn

engaged respondent No.3 as its sub-contractor. The

workman was engaged by respondent No.3 on 19.8.2004

where he worked till 29.8.2008 when his services were

retrenched.

Workman has challenged the retrenchment on the

ground that the persons junior to him were retained in

service and the management also appointed large number

of workers on the project after his retrenchment. It is also

pleaded that the management did not take permission from

the appropriate Government for effecting the retrenchment

and as such the retrenchment is illegal and he is deemed

to be in service.

The claim was contested by the NTPC i.e.

respondent No.1 as well as by the Italian Thai Development

Co. Ltd. who has been impleaded as respondent No.2,

whereas M/s AKS Engineers and Contractors who is

impleaded as respondent No.3 was proceeded against ex-

parte.

Respondent No.1 filed written statement

controverting the averments and pleaded that workman

was never its employee and even not engaged by it.

Respondent No.2 in its separate written statement

pleaded that workman was engaged by respondent No.2

who retrenched his services on partial completion of work

after paying him Rs.11,340/- in lieu of notice period and

retrenchment compensation. That work is not perennial

in nature. That the retrenchment is legal.

6976

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

Parties were given opportunities to lead their

evidence.

In support of its case the workman has appeared in

witness box and filed his affidavit reiterating the case as

set out in the claim petition.

On the other hand Sh. Pankaj Kumar and Sh. H.R.

Sharma, appeared on behalf of respondent No.1 and 2 and

filed their affidavits reiterating the stand taken up in the

respective written statements.

I have heard Sh. M.S. Gorsi, counsel for the workman,

Sh. V.P. Singh, counsel for respondent No.1 and Sh. H.R.

Sharma for respondent No.2.

It was argued by Mr. M.S. Gorsi, learned counsel for

the workman that there is an unrebutted statement of the

workman to the effect that persons junior to the workman

were retained in service at the time of his retrenchment as

well the management employed several persons after the

retrenchment and therefore the retrenchment of the

workman is illegal.

I have considered the contention of the learned

counsel.

The workman has deposed in his affidavit that the

persons junior to him were retained in service and the

management also employed more persons after his

retrenchment. But he did not name the persons who were

junior to him and were retained in service at the time of his

retrenchment. Again he did not name the persons who

were employed by the management after retrenchment.

The workman was required to prove the said facts by

leading cogent evidence in order to claim the relief and his

bare statement that the persons junior to him were retained

in service and the management employed more persons

after his retrenchment do not carry any weight in the

absence of any documentary and other convincing

evidence on the file. Therefore it cannot be said that the

persons junior to the workman were retained in service or

more persons were employed by the management after his

retrenchment and there is any violation of Section 25G

and 25H of the Act. Rather the statement of Sh. H.R.

Sharma shows that workman was paid due compensation

as required under Section 25F of the Act at the time of

effecting the retrenchment and the same was to be effected

on account of partial completion of the work.

In result, it is held that action of the respondent

No.2 in terminating the services of the workman is legal

and the workman is not entitled to any relief and the

reference is answered against him. Let hard and soft copy

of the award be sent to the Central Government for further

necessary action.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2811-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dkWy MSe

gkbMªks bysfDVªd ikoj izkstsDV] ,uVhihlh ,aM vnlZ 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; paMhx<+ ds iapkV (lanHkZ la[;k 86@2010) dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 17@10@2014 dks izkIr gqvk FkkA

¹la- ,y&42012@121@2010&vkbZvkj (Mh;w)º

ih- osQ- os.kqxksiky] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O.

2811.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D No. Case

No. 86/2010) of the Central Government Industrial Tribunal

Cum Labour Court No. II, Chandigarh now as shown in

the Annexure in the Industrial Dispute between the

employers in relation to the management of the Kol Dam

Hydro Electric Power Project, NTPC & Others and their

workmen, which was received by the Central Government

on 17/10/2014.

[No. L-42012/121/2010-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sri Kewal Krishan, Presiding Officer

Case No. 86/2010

Registered on 26.10.2010

Sh. Sonu Kumar, S/o Sh. Khundu Ram, Village and PO

Dhar Tatoh, Tehsil Sundernagar, Mandi.

...Applicant

Versus

1.

The General Manager, Kol Dam Hydro Electric Power

Project, NTPC, VPO Barmana, Bilaspur.

2.

Proj. Manager, Italian Thai Development Co. Ltd.,

Kol Dam Hydro Electric Power Project, Village

Kayam, PO Slapper, Tehsil. Sundernagar, Mandi.

3.

The Managing Dir., M/s AKS Engineers and

Contractors Kol Dam Hydro Electric Power Project,

Sanjay Sadan, Chhota Shimla

...Respondents

APPEARANCES :

For the Workman

: Sh. M.S. Gorsi for the workman

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6977

For the Management

: Sh. V.P. Singh for respondent

No. 1

Sh. H.R. Sharma for respondent

No. 2

Respondent No.3 ex parte

AWARD

Passed on : 21.8.2014

Vide Order No.L-42012/121/2010 (IR(DU)), dated

29.9.2010 the Central Government 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 (in short Act) has referred the following

industrial dispute for adjudication to this Tribunal.

“Whether the action of the management of M/s AKS

Engineers & Contractors, a contractor engaged by

NTPC, Kol dam Hydroelectric Power Project,

Bilaspur in terminating the services of their

workman Sh. Sonu Kumar S/o Sh. Khundu Ram

w.e.f. 3/9/2008 is legal and justified? If not, what

relief the workman is entitled to?”

In response to the notice, the workman submitted

statement of claim pleading that respondent No.1 is the

principal employer who is engaged for the construction

of ‘Kol Dam Hydro Electric Power Project’ at Harmoda and

has given contract to respondent No.2 who in turn

engaged respondent No.3 as its sub-contractor. The

workman was engaged by respondent No.3 on 23.8.2004

where he worked till 3.9.2008 when his services were

retrenched.

Workman has challenged the retrenchment on the

ground that the persons junior to him were retained in

service and the management also appointed large number

of workers on the project after his retrenchment. It is

also pleaded that the management did not take permission

from the appropriate Government for effecting the

retrenchment and as such the retrenchment is illegal and

he is deemed to be in service.

The claim was contested by the NTPC i.e.

respondent No.1 as well as by the Italian Thai

Development Co. Ltd. - respondent No.2; whereas M/s

AKS Engineers and Contractors who is impleaded as

respondent No.3 was proceeded against ex parte.

Respondent No.1 filed written statement

controverting the averments and pleaded that workman

was never its employee and even not engaged by it.

Respondent No.2 in its separate written statement

pleaded that workman was engaged by respondent No.3

who retrenched his services on partial completion of work

after paying him Rs.9075/- in lieu of notice period and

retrenchment compensation. That work is not perennial

in nature. That the retrenchment is legal.

Parties were given opportunities to lead their

evidence.

In support of its case the workman has appeared in

witness box and filed his affidavit reiterating the case as

set out in the claim petition.

On the other hand Sh. Pankaj Kumar and Sh. H.R.

Sharma, appeared on behalf of respondent No.1 and 2 and

filed their affidavits reiterating the stand taken up in the

respective written statements.

I have heard Sh. M.S. Gorsi, counsel for the workman,

Sh. V.P. Singh, counsel for respondent No.1 and Sh. H.R.

Sharma for respondent No.2.

It was argued by Mr. M.S. Gorsi, learned counsel for

the workman that there is an unrebutted statement of the

workman to the effect that persons junior to the workman

were retained in service at the time of his retrenchment as

well the management employed several persons after the

retrenchment and therefore the retrenchment of the

workman is illegal.

I have considered the contention of the learned

counsel.

The workman has deposed in his affidavit that the

persons junior to him were retained in service and the

management also employed more persons after his

retrenchment. But he did not name the persons who were

junior to him and were retained in service at the time of his

retrenchment. Again he did not name the persons who

were employed by the management after retrenchment.

The workman was required to prove the said facts by

leading cogent evidence in order to claim the relief and his

bare statement that the persons junior to him were retained

in service and the management employed more persons

after his retrenchment do not carry any weight in the

absence of any documentary and other convincing

evidence on the file. Therefore it cannot be said that the

persons junior to the workman were retained in service or

more persons were employed by the management after his

retrenchment and there is any violation of Section 25G

and 25H of the Act. Rather the statement of Sh. H.R.

Sharma shows that workman was paid due compensation

as required under Section 25F of the Act at the time of

effecting the retrenchment and the same was to be effected

on account of partial completion of the work.

In result, it is held that action of the respondent

No.2 in terminating the services of the workman is legal

and the workman is not entitled to any relief and the

reference is answered against him. Let hard and soft copy

of the award be sent to the Central Government for further

necessary action.

KEWAL KRISHAN, Presiding Officer

6978

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2812-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dkWy MSe

gkbMªks bysfDVªd ikoj izkstsDV] ,uVhihlh ,aM vnlZ 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; paMhx<+ ds iapkV (lanHkZ la[;k 82@2010) dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 17@10@2014 dks izkIr gqvk FkkA

¹la- ,y&42012@116@2010&vkbZvkj (Mh;w)º

ih- osQ- os.kqxksiky] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O.

2812.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D No. Case

No. 82/2010) of the Central Government Industrial Tribunal

Cum Labour Court No. II, Chandigarh now as shown in

the Annexure in the Industrial Dispute between the

employers in relation to the management of the Kol Dam

Hydro Electric Power Project, NTPC & Others and their

workmen, which was received by the Central Government

on 17/10/2014.

[No. L-42012/116/2010-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sri Kewal Krishan, Presiding Officer

Case No. 82/2010

Registered on 26.10.2010

Sh. Inder Raj, S/o Sh. Bakshi Ram, Village & PO Siwah,

Tehsil & Distt. Panipat, Panipat.

...Applicant

Versus

1.

The General Manager, Kol Dam Hydro Electric Power

Project, NTPC, VPO Barmana, Bilaspur.

2.

The Managing Dir., M/s AKS Engineers and

Contractors Kol Dam Hydro Electric Power Project,

Sanjay Sadan, Chhota Shimla

3.

Proj. Manager, Italian Thai Development Co. Ltd.,

Kol Dam Hydro Electric Power Project, Village

Kayam, PO Slapper, Tehsil. Sundernagar, Mandi.

...Respondents

APPEARANCES :

For the workman

: Sh. M.S. Gorsi for the workman

For the Management

: Sh. V.P. Singh for respondent

No. 1

Sh. H.R. Sharma for respondent

No. 3

Respondent No.2 ex parte

AWARD

Passed on-- 21.8.2014

Vide Order No.L-42012/116/2010-IR(DU), dated

29.9.2010 the Central Government 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 (in

short Act) has referred the following industrial dispute for

adjudication to this Tribunal.

“Whether the action of the management of M/s AKS

Engineers & Contractors, a contractor engaged by

NTPC Koldam Hydroelectric Power Project, Bilaspur

(HP) in terminating the services of their workman

Sh. Inder Raj S/o Sh. Bakshi Ram w.e.f. 1/8/2008, is

legal and justified? If not, what relief the workman

is entitled to?”

In response to the notice, the workman submitted

statement of claim pleading that respondent No.1 is the

principal employer who is engaged for the construction of

‘Kol Dam Hydro Electric Power Project’ at Harmoda and

has given contract to respondent No.3 who in turn

engaged respondent No.2 as its sub-contractor. The

workman was engaged by respondent No.2 on 6.8.2004

where he worked till 31.7.2008 when his services were

retrenched.

Workman has challenged the retrenchment on the

ground that the persons junior to him were retained in

service and the management also appointed large number

of workers on the project after his retrenchment. It is also

pleaded that the management did not take permission from

the appropriate Government for effecting the retrenchment

and as such the retrenchment is illegal and he is deemed

to be in service.

The claim was contested by the NTPC i.e.

respondent No.1 as well as by the Italian Thai Development

Co. Ltd. who has been impleaded as respondent No.3,

whereas M/s AKS Engineers and Contractors who is

impleaded as respondent No. 2 was proceeded against ex

parte.

Respondent No.1 filed written statement

controverting the averments and pleaded that workman

was never its employee and even not engaged by it.

Respondent No.3 in its separate written statement

pleaded that workman was engaged by respondent No.2

who retrenched his services on partial completion of work

after paying him Rs.11340/- in lieu of notice period and

retrenchment compensation. That work is not perennial

in nature. That the retrenchment is legal.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6979

Parties were given opportunities to lead their

evidence.

In support of its case the workman has appeared in

witness box and filed his affidavit reiterating the case as

set out in the claim petition.

On the other hand Sh. Pankaj Kumar and Sh. H.R.

Sharma, appeared on behalf of respondent No.1 and 3 and

filed their affidavits reiterating the stand taken up in the

respective written statements.

I have heard Sh. M.S. Gorsi, counsel for the workman,

Sh. V.P. Singh, counsel for respondent No.1 and Sh. H.R.

Sharma for respondent No.3.

It was argued by Mr. M.S. Gorsi, learned counsel for

the workman that there is an unrebutted statement of the

workman to the effect that persons junior to the workman

were retained in service at the time of his retrenchment as

well the management employed several persons after the

retrenchment and therefore the retrenchment of the

workman is illegal.

I have considered the contention of the learned

counsel.

The workman has deposed in his affidavit that the

persons junior to him were retained in service and the

management also employed more persons after his

retrenchment. But he did not name the persons who were

junior to him and were retained in service at the time of his

retrenchment. Again he did not name the persons who

were employed by the management after retrenchment.

The workman was required to prove the said facts by

leading cogent evidence in order to claim the relief and his

bare statement that the persons junior to him were retained

in service and the management employed more persons

after his retrenchment do not carry any weight in the

absence of any documentary and other convincing

evidence on the file. Therefore it cannot be said that the

persons junior to the workman were retained in service or

more persons were employed by the management after his

retrenchment and there is any violation of Section 25G

and 25H of the Act. Rather the statement of Sh. H.R.

Sharma shows that workman was paid due compensation

as required under Section 25F of the Act at the time of

effecting the retrenchment and the same was to be effected

on account of partial completion of the work.

In result, it is held that action of the respondent

No.2 in terminating the services of the workman is legal

and the workman is not entitled to any relief and the

reference is answered against him. Let hard and soft copy

of the award be sent to the Central Government for further

necessary action.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2813-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dkWy MSe

gkbMªks bysfDVªd ikoj izkstsDV] ,uVhihlh ,aM vnlZ 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; paMhx<+ ds iapkV (lanHkZ la[;k 36@2009) dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 17@10@2014 dks izkIr gqvk FkkA

¹la- ,y&42012@119@2009&vkbZvkj (Mh;w)º

ih- osQ- os.kqxksiky] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O.

2813.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D No. Case

No. 36/2009) of the Central Government Industrial

Tribunal-cum-abour Court No. II, Chandigarh now as

shown in the Annexure in the Industrial Dispute between

the employers in relation to the management of the Kol

Dam Hydro Electric Power Project, NTPC & Others and

their workmen, which was received by the Central

Government on 17/10/2014.

[No. L-42012/119/2009-IR (DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present : Sri Kewal Krishan, Presiding Officer

Case No. 36/2009

Registered on 19.3.2010

Sh. Sushil Kumar S/o Sh. Shankar Ram, Village Jamthal,

PO Harnora, Bilaspur.

...Applicant

Versus

1.

The General Manager, Kol Dam Hydro Electric Power

Project, NTPC, VPO Barmana, Bilaspur.

2.

Proj. Manager, Italian Thai Development Co. Ltd.,

Kol Dam Hydro Electric Power Project, Village

Kayam, PO Slapper, Tehsil. Sundernagar, Mandi.

3.

The Managing Dir., M/s AKS Engineers and

Contractors Kol Dam Hydro Electric Power Project,

Sanjay Sadan, Chhota Shimla

...Respondents

APPEARANCES

For the workman

: Sh. M.S. Gorsi for the workman

6980

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

For the Management

: Sh. V.P. Singh for respondent

No. 1

Sh. H.R. Sharma for respondent

No. 2

Respondent No. 3 ex parte

AWARD

Passed on-- 21.8.2014

Vide Order No.L-42012/119/2009-IR(DU), dated

3.3.2010 the Central Government 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 (in

short Act) has referred the following industrial dispute for

adjudication to this Tribunal.

“Whether the action of the management of M/s AKS

Engineers & Contractors in terminating the services

of their workman Sh. Sushil Kumar w.e.f. 29/8/2008

is legal and justified? If not, what relief the workman

is entitled to?”

In response to the notice, the workman submitted

statement of claim pleading that respondent No.1 is the

principal employer who is engaged for the construction of

‘Kol Dam Hydro Electric Power Project’ at Harmoda and

has given contract to respondent No.2 who in turn

engaged respondent No.3 as its sub-contractor. The

workman was engaged by respondent No.3 on 16.8.2004

where he worked till 3.9.2008 when his services were

retrenched.

Workman has challenged the retrenchment on the

ground that the persons junior to him were retained in

service and the management also appointed large number

of workers on the project after his retrenchment. It is also

pleaded that the management did not take permission from

the appropriate Government for effecting the retrenchment

and as such the retrenchment is illegal and he is deemed

to be in service.

The claim was contested by the NTPC i.e.

respondent No.1 as well as by the Italian Thai Development

Co. Ltd. who have been impleaded as respondent No.2;

whereas M/s AKS Engineers and Contractors who were

impleaded as respondent No.3 was proceeded against ex

parte.

Respondent No.1 filed written statement

controverting the averments and pleaded that workman

was never its employee and even not engaged by it.

Respondent No.2 in its separate written statement

pleaded that workman was engaged by respondent No.3

who retrenched his services on partial completion of work

after paying him Rs.9075/- in lieu of notice period and

retrenchment compensation. That work is not perennial

in nature. That the retrenchment is legal.

Parties were given opportunities to lead their

evidence.

In support of its case the workman has appeared in

witness box and filed his affidavit reiterating the case as

set out in the claim petition.

On the other hand Sh. Pankaj Kumar and Sh. H.R.

Sharma, appeared on behalf of respondent No.1 and 2 and

filed their affidavits reiterating the stand taken up in the

respective written statements.

I have heard Sh. M.S. Gorsi, counsel for the workman,

Sh. V.P. Singh, counsel for respondent No.1 and Sh. H.R.

Sharma for respondent No.2.

It was argued by Mr. M.S. Gorsi, learned counsel for

the workman that there is an unrebutted statement of the

workman to the effect that persons junior to the workman

were retained in service at the time of his retrenchment as

well the management employed several persons after the

retrenchment and therefore the retrenchment of the

workman is illegal.

I have considered the contention of the learned

counsel.

The workman has deposed in his affidavit that the

persons junior to him were retained in service and the

management also employed more persons after his

retrenchment. But he did not name the persons who were

junior to him and were retained in service at the time of his

retrenchment. Again he did not name the persons who

were employed by the management after retrenchment.

The workman was required to prove the said facts by

leading cogent evidence in order to claim the relief and his

bare statement that the persons junior to him were retained

in service and the management employed more persons

after his retrenchment do not carry any weight in the

absence of any documentary and other convincing

evidence on the file. Therefore it cannot be said that the

persons junior to the workman were retained in service or

more persons were employed by the management after his

retrenchment and there is any violation of Section 25G

and 25H of the Act. Rather the statement of Sh. H.R.

Sharma shows that workman was paid due compensation

as required under Section 25F of the Act at the time of

effecting the retrenchment and the same was to be effected

on account of partial completion of the work.

In result, it is held that action of the respondent

No.2 in terminating the services of the workman is legal

and the workman is not entitled to any relief and the

reference is answered against him. Let hard and soft copy

of the award be sent to the Central Government for further

necessary action.

KEWAL KRISHAN, Presiding Officer

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6981

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2814-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ch-lh-lh-,y-

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; ua- 2] /uckn ds iapkV (lanHkZ la[;k

70@2007) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 20@10@2014

dks izkIr gqvk FkkA

¹la- ,y&20012@142@2007&vkbZvkj (lh,e&1)º

,e- osQ- ¯lg] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O.

2814.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 70/2007)

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

2, Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s. BCCL, and their

workmen, received by the Central Government on

20/10/2014.

[No. L-20012/142/2007-IR (CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO. 2), AT DHANBAD

PRESENT : Shri Kishori Ram, Presiding Officer

In the matter of an Industrial Dispute under

Section 10(1)(d) of the I.D.Act.,1947.

REFERENCE NO. 70 OF 2007.

PARTIES: The Organizing Secretary,

Jharkhand Colliery Mazdoor Union,

Krishna Nagar PO:BCCL Township,

Dhanbad.

Vs.

General Manager (Admn)

M/s BCCL, At: Koyla Bhawan,

PO: Koyla Nagar, Dhanbad.

L-20012/142/2007-IR(CM-I) dt.26.11.2007.

APPEARANCES :

On behalf of the workman/Union

: Mr. N. M. Kumar,

Ld.Advocate

On behalf of the Management

: Mr. D. K. Verma,

Ld.Advocate

State : Jharkhand

Industry : Coal

Dated, Dhanbad, the 3rd Sept, 2014

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on them under

Sec.10(1)(d) of the I.D. Act.,1947 has referred the following

dispute to this Tribunal for adjudication vide their Order

No. L-20012/142/2007-IR (CM-I) dt. 26.11.2007.

SCHEDULE

“Whether the action of the Management of K.N.T.A.

of M/s BCCL in denying regularization as Supervisor

T & S Gr. B to Shri Sadhu Saran Prasad Carpenter is

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

concerned workman entitled

On receipt of the Order No L-20012/142/2007-IR

(CM-I) dt. 26.11.2007 of the above mentioned reference

from the Government of India, Ministry of Labour &

Employment, New Delhi for adjudication of the dispute,

the Reference Case No. 70 of 2007 was registered on 05th

Dec., 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 Counsel respectively appeared in, and contested

the case.

The case of workman Sadhu Saran Prasad as

sponsored by the Jharkhand Colliery Mazdoor Union is

that he was employed as the Carpenter, and was given the

charge to get all repairs of Carpentry properly, and to report

daily it to the Sr.Oversear (Civil) as per the Office Order

No. BCCL/TAF-21/62024 dt.30.03.1984. He was complying

the office order. Senior Overseer (Civil) T.A. Department,

Koyla Bhawan directed him to deposit the carpenter tools

store materials in the office store by August, 25, 1984

positively. Accordingly the workman complied the order.

He has been performing as the Supervisor (Civil) since

1984 without payment of any remuneration for it. The post

of work Supervisor (Civil) has been vacant since prior to

the death of Late K.D Singh who was promoted as the

General Supervisor from the Work Supervisor(Civil).The

workman also drew the attention of the Authorities to

payment of the scale of supervisor for the work being

done by him accordingly. The Union had already demanded

for regularization of the workman as the Work Supervisor

(Civil)Grade-B (Tech.Sup.) from 30.03.1984,but the

Management unjustifiably transferred him to Bhuli Town

Administration where on resumption of duty w.e.f.

6982

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

3.10.2005 as per the Office Order dt. 6/7.10.2005, he was

allotted to work as a clerk. Alleging violation of Sec, 9A

and 25 B of the Industrial despite Act, 1947, his continuous

service on that post from 1984 to 2005, the Management

instead of regularizing the workman in the post of Work

Supervisor (Civil) has demoted him to the post of Carpenter

as per the Office Order dt.30/1.10.2005 of the Personnel

Manager (Co-ordination).The workman has been

victimized for his active trade Union activities for workers/

employees. The Management or their authorities do not

follow the standing orders and the I.D.Act, 1947; rather

they have adopted unfair Labour practice. The action of

the Management for denial to his regularization as

Supervisor T & S Grade ‘B’ is unjustified and illegal. So

the workman is entitled to the differences of wages from

31.3.1984 till the date of work Supervisor with proper relief.

3.

The Union concerned in its rejoinder has specifically

denied the allegations of the O.P./Management, further

stating that the I.I.No.37 is not applicable to the case of

the workman as a supervisor in Technical & Supervisory

Grade B. It is not a case of promotion rather that of proper

designation Scale of pay. He is a permanent workman of

BCCL, as his initial designation was of a Carpenter. The

Management has availed of the benefits of his services as

a Supervisor, neither the corresponding designation can

be denied nor scale of pay can be equated with Services

Linked Upgradation (SLU).Even on the basis of the

principle of equal pay for equal work, a workman

discharging similar duties as those in regular employment

is entitled to regular pay and other emoluments.

4.

Whereas challenging the maintainability of the

reference in law or in fact, the contra case of the O.P./

Management with categorical denials is that M/s BCCL

being a Government Company registered under the

Companies Act is a state in the terms of Art.12 of the

Constitution of India. All the employment in the Company

is public, and is based on the procedure as per the

constitution and laws of the Company. There is a Cadre

Scheme (E & M), Personnel Carpenter Helper to Pattern

Maker formulated by JBCCI as per the Constitutional

mandate and I.I. No.37 dt.25.9.1984.The workman is not

entitled for promotion to the post of Supervisorship. The

workman who is permanent employee of M/s BCCL is the

carpenter by designation. As per the provision of NCWA,

he was given Service-Linked -Upgradation (SLU) and

placed in Cat.VI w.e.f. 1.7.1990 and again was given SLU

w.e.f. 1.1.1999 and placed in T & S Gr.C.All promotions

from Carpenter helper to Pattern Maker Cat. is effected as

per the Cadre Scheme on the recommendation of

Departmental Promotion Committee (DPC) duly

constituted by the Cadre Controlling Authority subject

vacancy as per the Man power Budget. The workman was

never recommended by the D.P.C. for promotion is in higher

post. Therefore, the workman was granted the aforesaid

SLU as noted above. There is no provision for promotion

of a Carpenter to the post of Supervisor according to the

Cadre Scheme of the Carpenter.The sponsoring Union

raised the Industrial Dispute in contravention of the Cadre

Scheme as formulated by JBCCI. So the demand of the

Union for regularization of the workman as Supervisor in

T & C Gr. B is neither legal nor justified.

5.

The Management in its rejoinder has categorically

denied the allegations of the Union/workman as incorrect,

further alleging that workman was never authorized by

the Competent Authority to work as a Supervisor.

Moreover, the workman has no appropriate qualification

for working as a Supervisor (Civil).The transfer of an

employee does not attract/apply to the Sec. 9 A of the

I.D.Act.As such the workman is not entitled to any relief.

FINDING WITH THE REASONS

6.

In the instant Reference, two witnesses, namely,

WWI Shyam Sundar Sharma and WW2 Sadhu Saran

Prasad the workman himself, on behalf of the Union

concerned and MWI Amit Bhusan, Sr.Manager (Pers.) for

the Management have been produced and examined

respectively.

7.

On perusal of the pleadings documents relied upon

and the evidences adduced on behalf of the both the

parties, it appears no dispute the designation of the

workman Sadhu Saran Prasad is all along that of the

Carpenter and factually the workman was never promoted

to the post of Pattern Maker. In view of the aforesaid status

of the workman with various other facts evolves the

pertinent issue for adjudication as such:

Whether the workman’s claim for his regularization

as Supervisor T & S (Gr.B) is justified.

Sr. Counsel S.Paul, the Ld.Adv. for the workman

submits that the Management has admitted the working

of the workman as T & S Gr.B as per the office order

dt.17.1.2013 (Ext.W.1/7). The Management misinterprets it

that it is Technical Supervisor, rather in order to declare

Supervisor, there is no need to be Technical and it is also

admitted by the Management that Mr.K.D.Singh and Mr.

S.N. Singh had been promoted as Supervisor; as the post

of Supervisor requires no technical as also admitted by

the Management witness (MWI).Mr. Paul further submits

the designation of the workman depends upon the nature

of job he performed; that the Management has given the

workman the grade but no designation. In such situation

Implementation Instruction (I.I.No.37) related Cadre

Scheme of E & M Personnel has no application in the

reference, as it is not the demand for the promotion of

Supervisor T & S, rather the workman was given the job of

supervisor as per the Office Order dt.30.3.1984 of Shri Guru

Nam Singh, the Engineer (Civil), (Ext.W.1 = W.1/1) and the

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6983

workman as per the letter of Mr. J.N.P. Singh, Sr. Oversear

(Civil)dt.24.8.1984 was directed to deposit the Store

materials as per the list. According to Mr. Paul, Service

Linked Upgradation was given to the workman so SLU/

SLP can not be equated with the post of Supervisor; since

a workman officiating higher Grade rendering continuous

service demands for classification is not a demand for

promotion and not beyond the jurisdiction of the Tribunal

over the Industrial Dispute as held by the Hon’ble Supreme

Court in the case of workmen H.L Ltd. Vs Hindustan Lever

Ltd. reported in AIR: 1984(SC) 1683 (CB).Regularization

means as submitted by Mr. Paul a corrective procedure to

regularize some methodological irregularity as held by

Hon’ble Patna High Court in the case of Bihar Forest &

Veg.Dept, Corp.Vs.State of Bihar, 1991 PLJR 377.Here the

workman has been given the benefit of Service Linked

Promotion in the Technical & Supervisory, Grade -C

(Previous Grade/Cat)) and thereafter to T & S ,Grade B

w.e.f. 01.01.2007 as per the office order dt.17.01.2013

(Ext.W.1/7), so he has to be regularized. Relying upon the

case of workmen Vs. Bhurkunda Colliery of Central

Coalfields, reported in 2006 SCC (L & S) 530 (DB) Mr. Paul

submits as held therein, that in case of temporary or adhoc

appointment for long, the Court presumes that there is a

regular need for the services on a regular post and

accordingly considers regularization, as 39 workmen in

the same Colliery were regularized by the respondent

employer.

8.

Whereas vehemently opposing to the aforesaid

argument of Mr.Paul,Mr.D.K.Verma,Learned Counsel for

the O.P./Management has contended that admittedly the

workman had been all along working as a Carpenter, and

the Cadre Scheme of E & M Personnel provides for

Carpenter Helper to Pattern Maker (Grade I) as last as per

I.I.No.37 dt.25.9.1984 (Ext.M.1);so there was no

promotional avenue in the Cadre Scheme, the Management

has given the workman the SLP/SLI Grade/Category for T.

& S B w.e.f. 01.01.2007. According to the Job Nomenclature,

as Mr.Verma has argued the posts of the Engineer the

Senior Overseer and the Overseer under Grades A.B and

C respectively come, and there is no post of any Supervisor

as claimed by the workman,; thus his claim or regularization

as Supervisor T & S B is legally unsustainable.

On deep consideration of the materials available on

the case record, I find that the entire claim of the workman

for classification by way of regularization as Supervisor T

& S Gr.B is based on the office order dt.30.03.1984 (Extt.W.1

= W 1/1 being the same) which is nothing except a direction

to look after the proper working of other Carpenter only

for 4 months 25 days. This is not any authorization to

work as Supervisor as self assumed by the workmen. The

workman has all along been working as a Carpenter as

evident from his all aforesaid documents. His claim for it is

not only against the Cadre Scheme but also against the

nomenclature of the job. None of the rulings as cited by

Mr. Paul Ld.Counsel for the workman appears to be

applicable to the present case as it stands before me.

In result, it is, in the terms of the reference, hereby

responded and accordingly awarded that the action of

the Management of K.N.T.A. of M/s BCCL in denying

regularization as Supervisor T & S Grade ‘B’ to Shri Sadhu

Saran Prasad, Carpenter is quite justified and legal. Hence,

the workman is not entitled to any relief.

KISHORI RAM, Presiding Officer

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2815-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ch-lh-lh-,y-

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; ua- 2] /uckn ds iapkV (lanHkZ la[;k

98@2013) dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 20@10@2014

dks izkIr gqvk FkkA

¹la- ,y&20012@135@2012&vkbZvkj (lh,e&1)º

,e- osQ- ¯lg] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O.

2815.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 98/2013)

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

2, Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s. BCCL, and their

workmen, received by the Central Government on

20/10/2014.

[No. L-20012/135/2012-IR(CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO. 2), AT DHANBAD

PRESENT : Shri Kishori Ram, Presiding Officer

In the matter of an Industrial Dispute under

Section 10(1)(d) of the I.D. Act,1947.

REFERENCE NO. 98 OF 2013.

PARTIES : The Vice President,

Jharkhand Mines Lal Jhanda Mazdoor

Union,

Mohalbani, PO : Bhowra,

Dhanbad

Vs.

6984

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

The General Manager,

Barora Area of M/s BCCL,

PO : Nawagarh, Dhanbad.

Ministry’s Order No L-20012/135/2012-

IR (CM-I) dt.01.03.2013.

APPEARANCES :

On behalf of the workman/Union : None

On behalf of the Management

: Mr. D. K. Verma,

Ld.Advocate

State : Jharkhand

Industry : Coal

Dhanbad, the 16th September, 2014

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on then under Sec.10(1)(d)

of the I.D. Act.,1947 has referred the following dispute to

this Tribunal for adjudication vide their Order No L-20012/

135/2012-IR(CM-I) dt. 1.3.2013.

SCHEDULE

“Whether the action of the Management of WJA

Moonidih of M/s BCCL in not paying the Tramming

rate etc. as per NCWA-VIII to P.R. Workers of WJA

Moonidih is fair and justified? To what reliefs are

the concerned workmen entitled to?”

2.

Not any Union Representative for Jharkhand Mines

Lal Jhanda Mazdoor Union, Mohalla-Bani, Bhowra,

Dhanbad nor any workers appeared nor any written

statement with documents filed on their behalf but

Mr.D.K.Verma, Ld.Advocate for O.P/Management as usual

is present.

On going through the case record, I find three Regd.

Notices dtt.3.5.13, 22.10.13 and 14.3.2014 were issued to

the Vice President, of the Union on his address noted in

the very reference for filing written statement with

documents on their behalf, yet till now neither of the Union

Representative and the P.R.Workers of the WJA,

Moonidha appeared and responded to any notices. As

such the very conducts of the Union Representative as

well as the workers (unlisted) appear to be quite reluctant

to fight or pursue the case of final adjudication. In such

circumstances, it appears no industrial dispute existent.

Accordingly, an order for No Dispute Award is passed.

KISHORI RAM, Presiding Officer

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2816-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ch-lh-lh-,y-

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; ua- 2] /uckn ds iapkV (lanHkZ la[;k

99 of 2013) dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks

20@10@2014 dks izkIr gqvk FkkA

¹la- ,y&20012@133@2012&vkbZvkj (lh,e&1)º

,e- osQ- ¯lg] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O.

2816.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 99/2013)

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

2, Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s. BCCL, and their

workmen, received by the Central Government on

20/10/2014.

[No. L-20012/133/2012-IR(CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO. 2), AT DHANBAD

PRESENT : Shri Kishori Ram, Presiding Officer

In the matter of an Industrial Dispute under

Section 10(1)(d) of the I.D. Act,1947.

REFERENCE NO. 99 OF 2013.

PARTIES : The Vice President,

Janta Mazdoor Sangh

Vihar Building, PO: Jharia,

Dhanbad

Vs.

The General Manager,

Barora Area of M/s BCCL,

PO: Nawagarh, Dhanbad

Ministry’s Order No. L-20012/133/2012-

IR(CM-I) dt.01.03.2013.

APPEARANCES :

On behalf of the workman/Union : None

On behalf of the Management

: Mr. D. K. Verma,

Ld. Advocate

State : Jharkhand

Industry : Coal

Dhanbad, the 16th September, 2014

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on then under Sec.10(1)(d)

of the I.D. Act,1947 has referred the following dispute to

this Tribunal for adjudication vide their Order No L-20012/

133/2012-IR(CM-I) dt. 1.3.2013.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6985

SCHEDULE

“Whether the action of the Management of

Phularitand Colliery/OCP of M/s BCCL in not

regularizing S/Shri Amit Kumar,Vidya Sagar, Krishna

Kumar Chouhan, Kamaljeet, Ramesh Thakur, Ramesh

Kumar Pandey, Ashok Kumar Pandey and Santosh

Kumar Sinha as Dispatch Loading clerk is fair and

justified? To what reliefs are the concerned workmen

entitled to?”

2.

None appeared for Janta Mazdoor Sangh, Jharia,

Dhanbad nor any of the eight workmen Amit Kumar &

others appeared nor any written statements with

documents filed on their behalf, whereas Mr. D.K. Verma,

Ld. Adv. for the O.P./Management is present.

Perusal of the case record clearly reveals that three

Regd.Notices dtt.6.5.13, 14.3.14, and 24.7.2014 were issued

to the Vice President of the aforesaid Union concerned on

the basis of his address as noted in the reference itself,

yet none of the Union or the workmen concerned could

respond to any of the notices of the Tribunal. The Union

Representative and the workmen by their conducts appear

to be quite uninterested in contesting or pursuing the

case. Thus it appears no Industrial Dispute existent. Hence,

accordingly an order for ‘No Award Dispute’ is passed.

KISHORI RAM, Presiding Officer

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2817-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ch-lh-lh-,y-

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; ua- 2] /uckn ds iapkV (lanHkZ la[;k

96 of 2013) dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks

20@10@2014 dks izkIr gqvk FkkA

¹la- ,y&20012@5@2013&vkbZvkj (lh,e&1)º

,e- osQ- ¯lg] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O.

2817.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 96/2013)

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

2, Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s. BCCL, and their

workmen, received by the Central Government on

20/10/2014.

[No. L-20012/5/2013-IR(CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO. 2), AT DHANBAD

PRESENT : Shri Kishori Ram, Presiding Officer

In the matter of an Industrial Dispute under

Section 10(1)(d) of the I.D. Act,1947.

REFERENCE NO. 96 OF 2013.

PARTIES : The Executive Member,

Jharkhand Colliery Shramik Union,

Vinod Market,

Near Randhir Verma Chowk, Hirapur,

Dhanbad..

Vs.

The General Manager,

Kusunda Area of M/s BCCL,

PO Kusund, Dhanbad.

Ministry’s Order No. L-20012/5/2013-IR

(CM-I) dt.21.3.2013

APPEARANCES :

On behalf of the workman/Union

: None

On behalf of the Management

: None

State : Jharkhand

Industry : Coal

Dhanbad, the 16th September, 2014

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on then under Sec.10(1)(d)

of the I.D. Act,1947 has referred the following dispute to

this Tribunal for adjudication vide their Order No. L-20012/

5/2013-IR(CM-I) dt. 21.03.2013.

SCHEDULE

“Whether the action of the Management of Kusunda

Area of M/s BCCL in not fixing the basic pay of

Smt.Kabiya Kamin correctly while converting from

PR category to TR category is fair and justified? To

what relief the concerned workwoman is entitled to?

2.

Neither Union Representative for Jharkhand Colliery

Sharmik Union, Hirapur, Dhanbad nor workwoman

Smt. Kabiya Kamin appeared nor written statement with

documents filed on her behalf just as none appeared for

the O.P./Management.

On perusal of the case record, it stands clear that

the case has all along been pending since 26.06.2013 for

filing written statement with documents on behalf of the

workwoman. It is also clear that three Regd. Notices

dtt.6.5.13, 22.10.13 and 14.3.2014 were issued to the Union

Representative on his address as noted in the Reference

6986

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

itself, though Mr. Nitish Sahay Ld. Advocate for the O.P./

Management almost regularly represented the O.P./

Management except today The Union Representative and

the workwoman by their own conducts clearly appear to

be quite unwilling to pursue the case for its finality. It

appears that there is no Industrial dispute existing now.

Hence the case is closed and accordingly ‘No Industrial

Dispute’ order is passed.

KISHORI RAM, Presiding Officer

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2818-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj VhLdks 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; ua- 2] /uckn ds iapkV (lanHkZ la[;k 108 of

1997) dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 20@10@2014

dks izkIr gqvk FkkA

¹la- ,y&20012@230@1996&vkbZvkj (lh&I)º

,e- osQ- ¯lg] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O.

2818.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 108/

1997) of the Cent. Govt. Indus. Tribunal-cum-Labour Court

No. 2, Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s. TISCO, and their

workmen, received by the Central Government on

20/10/2014.

[No. L-20012/230/1996-IR(C-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO. 2), AT DHANBAD

PRESENT : Shri Kishori Ram, Presiding Officer

In the matter of an Industrial Dispute under

Section 10(1)(d) of the I.D. Act,1947.

REFERENCE NO. 108 OF 1997.

PARTIES : The General Secretary,

Rastriya Mazdoor Union,

Telipara, Hirapur, Dhanbad.

Vs.

The General Manager,

Tata Iron & Steel Company Ltd.,

At/PO : Jamadoba, Dhanbad.

Ministry’s Order No L-20012/230/96/IR

(C-I) dt. 9.97

APPEARANCES :

On behalf of the

: Mr. Chandrika Prasad,

workman/Union

Ld. Advocate

On behalf of the

: Mr. D. K. Verma, Ld. Advocate

Management

State : Jharkhand

Industry : Coal

Dhanbad, the 30th Sept., 2014

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on then under

Sec.10(1)(d) of the I.D. Act,1947 has referred the following

dispute to this Tribunal for adjudication vide their Order

No L-20012/230/96/IR(C-I) dt. 9.97.

SCHEDULE

“Whether the action of the management of Tata Steel

Rural Development Society in stopping the

employment of Shri Shyam Sunder Singh after

engaging him as casual for a long period is legal

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

entitled ?

On receipt of the Order No. L-20012/230/96/-

IR(C-I) dt.9.97. of the above mentioned reference from the

Government of India, Ministry of Labour & Employment,

New Delhi for adjudication of the dispute, the Reference

Case No. 108 of 1997 was registered on 21.10.1997 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

Representative/ Learned Counsels appeared in, and

contested the case.

2.

The case of workman Shyam Sundar Singh as

sponsored by the Rastriya Mazdoor Union is that he was

engaged as the Nursery Supervisor by the Management

of Tata Steel Rural Development Society (TSRDS) in the

year 1981 and worked till February 1993.He was paid

Rs.24/- per day, but it was paid on monthly basis. His

appointment was on the post of permanent and perennial

nature. It continued uninterruptedly in service from 1981

to 1993. In view of the permanent nature of work, the

Management is wing of M/s. TISCO.When the workman

demanded for regularization in service with wages equal

to those of the TISCO workers, he was stopped from work

without complying with the provisions of the Industrial

Dispute Act,1947. At raising the Industrial Dispute by the

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6987

Union before the A.L.C.(C), Dhanbad for his regularization,

the Management admitted in their comments that the

Society had done afforestation welfare activities at

different places around the colliery area for purpose of

improving the environment condition. The Management

also accepted the engagement of the workman as casual

unskilled worker for performance of the duties incidental

to afforestation work such as digging of earth, planting of

scuplings, watering and putting enclosures on the sapling

etc. the Workmen worked for ore than 240 days kms. a

year and years together continuously till his illegal

stoppage for work. His termination was without any notice.

Further alleged on behalf of the workman that the

Management got sanctioned the post the workman was

working on, but the Asstt.Manager (RD)Sunil Kumar

Pandey got his brother-in-law employed on that post, and

the was threatened of dire consequences and assured of

the consideration for his regularization. The other workers

of the Management have been regularized, and be made

permanent employees of TISCO Ltd. such as

S/Shri Ashok Mishra, Brij Kishor Singh, Sujan Mahato,

Ram Kishun etc, in other jobs. But the workman has been

deprived of his legitimate demand for regularization. In

course of services on the fracture of his leg, the workman

had got free treatment at the Tata Central Hospital,

Jamadoba as the other employee. Only for the period of

hospitaisation, he remained asbent, after which he joined

his duty till termination of his service.The workman as

victimized due to the Trade Union activity. The action of

the Management is illegal and unjustified. The workman

is entitled to reinstatement/regularization with full back

wages.

The Union Representative in the rejoinder for the

workman has specifically denied all the allegations of the

O.P./Management, further alleging that the Tata Steel Rural

Development Society is the Regd. one of Organizations,

and a part and parcel of the TISCO. It carries on and

promotes the activities of rural economy and welfare in

Coal Mines and Steel Plants. It functions in the whole

Tata’s Organization.

3.

Whereas the contra pleaded case of the O.P./

Management with categorical denials is that the reference

is legally unmaintenable. The Tata Steel Rural Development

Society (TSRDS) is a Registered Organization as No. 438/

78-79 of March 1979 under the Societies Registration Act,

1860 with the main object to undertake, carry on and

promote the actives of rural economy and Welfare in the

villages situated in Industrial are like coal, Mines and Steel

Plants. The Society is an independent and autonomous

institution, but not an Industry for any profit. It gets fund

from the subscriptions from its members who are four

kinds; patrons, members, Coprporate bodies and

honourry.The Society from time through the Managing

Committee duly elected by its members as per the rules

and bye-laws of it. The Committee runs the institution as

a voluntary organizations carry on welfare activities of

the villages for no profit. The Society maintains its own

accounts under the audit statutorily every year. In course

of welfare activities of the Society for the seasonal a

forestation works at different villages adjacent to Industrial

Areas of Coal Mines with a view to improve environmental

condition of the villages during the years 1990, 1991 and

1992 Daily rated, Casual Workers were engaged for digging

of earth, planting of saplings and putting enclosures

around the saplings for their safety in its growing period

whenever required. The workman Shyam Sundar Singh

was accordingly engaged for the aforesaid work during

the said years of the plantation season, he was paid his

wages at prevalent rate slightly higher than the prescribed

rate under Minimum Wages Act for agricultural work.

Since thereafter the Society had not got sufficient

fund from its subscription of its members and others so it

could not undertake welfare activities after 1993 in any

industrial Area situated within the State of Bihar. The

Society could not force to undertake the seasonal works

and to provide Daily Rated/ casual workers the afforesting

work at their discretion. The Society is a Registered

Organization under the aforesaid Societies Registration

Act and it is not an Industry for any profit, so the Central

Government is not appropriate Authority to refer any

Industrial Dispute because no Industrial Dispute exists at

all. The workman was never engaged as a permanent

worker on any permanent post. His engagement was on

Daily Rated basis for a temporary period in connection

with the aforesaid jobs purely dependent upon the season

of rain and growing of scapplings. So the workman can

neither claim for regular employment nor can have claim

any grievance against the management for not getting a

job.

The Management in its rejoinder has categorically

denied all the allegations of the workman as false, baseless

and imaginary. In view of the nature of the case of the

Management, the violation of provisions of Industrial

Dispute Act in terminating the workman is wrong and

baseless. Further alleged on behalf of the Management

that M/s TISCO has its own recruitment policy according

to which it gives preference to the workmen belonging to

local villages adjacent to its establishment. In that regard,

some workers got their employment on the basis of

selection, but not as the workmen of the Societies. The

workman has not right to demand for regularization of his

6988

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

service under the Management of the Society or M/s

TISCO Ltd. So far as the Medical treatment of the workman

at the Hospital of Tisco, he had got for his injury, is

concerned, as the Society is the Voluntary Organization it

requests different parties/Companies to render medical

assistance as well as to pay subscriptions for undertakings

welfare activities. At the request of the Society, the

workman has got medical treatment for his injury during

the period of his engagement as a Casual worker of the

Society. As such the workman is not entitled any relief.

FINDING WITH REASONS

4.

In the instant reference,WW1 Shyam Sunder Singh

now as the Teacher on behalf of the workman and MW1

Sinjan Kumar Das the Supervisor for the Management

have been produced and examined respectively. On

meticulously going through the pleaded evidences of both

the parties, the indisputable fact appears to be that

workman Shyam Sunder Singh was a casual worker

engaged by the Management of Tata Steel Rural

Development Society.

Mr.Chandrika Pd.,Learned Advocate cum the

Union representative for the workman had worked under

the Management from 1991 to 1993 during which for

more than 240 days in a year, but on his representation

for regularization of his service (Ext.W.7), he was stopped

by the Management from the working; thereafter,the

Management had engaged Ashok Mishra, broher-in-law

of Sri Sunil Kumar Pandey, Manager, TSRDS, and some

workmen Ashok Mishra, Brij Kishro Singh, Sujan Mahato

others were regularized by the Management in their

services, though he (workman) had got free medical

treatment from the hospital of the Management at

Jamadoba for his leg fractured in course of his service as

the Doctors’ prescription (Ext. W4 & 4/1). The statement

of the workman(WW1) reveals that as per his two

application dated 9.10.84 and 98.1984 (Ext.W.1 & 2

respectively), he had applied for sanction of job and

labourers, he had got the order dt. 29.7.1984 from the

Management (Ext.W.3) about pits. The workman had

submitted his bill (for July 1986 - Ext.W.6) to the

management for his work. There is also the site report

dt.6.10.88 (Daily Inspection Programme in Social Forestry

for a week (Ext W.6)soothe workman’s claim for

regularization is jsutified as urged by his aforesaid Learned

Counsel.

5.

Just contrary to it Mr.D.K.Verma, Ld.Counsel for the

O.P./Management has contended that the RSRDS is one

NGO Registered under the Society Registration Act as per

its Memorandum (Ext.M.1) and its works for welfare, but

not for any profit; the workman was a casual worker in

plantation job which was quite seasonal. This registered

Society has no connection with the TISCO. The Registered

Society has no authority to recommend to the latter for

regularization of any such seasonal casual worker;

moreover, no casual worker in lack of employer-employee

relationship can be regularized.

6.

In view of the aforesaid materials available on the

case record, I find that the Management of TSRDS being

a Registered Society Registration Act is non-

governmental Organisations, it is a charity or an

Association independent of the management of Tisco and

its business. The Registered Society does not appear to

be for any business or industry, rather it carries on the

social welfare activities such as forestation in the

industrial area. It is an acknowledged fact the registered

Society used to casually engage casual labourers like the

present workman in plantation of sapling only in rainy

season. So the job of the workman was purely temporary

nature. The argument of Mr. Verma, Learned counsel for

the O.P./management appears to be quite reasonable as

that of Mr.Prasad, Learned Counsel for the Union seems

meritless absolutely.

Under these crcumstancces,it is hereby awarded that

no question arises as to the action of the Management of

TSRDS in stopping the employment of Shri Shyam

Sunder Singh, who has no proof of his working for a

longer period of time which appears to be impossible

in the nature of his purely temporary engagement for

plantation. Hence the workman is not entitled to any

relief. The alleged Industrial dispute devoid of the vital

factor of “industry” is not at all an industrial dispute.

KISHORI RAM, Presiding Office

ubZ fnYyh] 20 vDrwcj] 2014

dk-vk- 2819-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ch-lh-lh-,y-

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- 2] /uckn ds iapkV (lanHkZ la[;k 40

of 2013) dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 20@10@2014

dks izkIr gqvk FkkA

¹la- ,y&20012@107@2012&vkbZvkj (lh,e&1)º

,e- osQ- ¯lg] vuqHkkx vf/dkjh

New Delhi, the 20th October, 2014

S.O.

2819.—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

No. 2, Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s. BCCL, and their

workmen, received by the Central Government on

20/10/2014.

[No. L-20012/107/2012-IR(CM-I)]

M. K. SINGH, Section Officer

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6989

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 40 OF 2013

PARTIES : The Orgn. Secretary,

Rastriya Colliery Mazdoor Sangh,

Rajendra Path, Dhanbad

Vs.

General Manager (HR)

P.B.Area of M/s BCCL,

PO: Kusunda, Dhanbad

Ministry’s Order No. L-20012/107/2012-

IR(CM-I) dt.11.02.2013

APPEARANCES :

On behalf of the workman/Union

:

None

On behalf of the Management

:

None

State : Jharkhand

Industry : Mines

Dated, Dhanbad, the 2nd Sept, 2014

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on them under

Sec.10(1)(d) of the I.D. Act.,1947 has referred the following

dispute to this Tribunal for adjudication vide their Order

No. L-20012/107/2012-IR(CM-I) dt.11.02.2013.

SCHEDULE

“Whether the action of the Management of M/s

BCCL in not promoting Brijnandan Sah as Foreman

in T&S Grade-C w.e.f. 10.05.1997 and in T&S

Grade-B w.e.f. 21.10.2004 is fair and justified? To

what relief is the concerned workman entitled to?”

2.

Mr.N.G.Arun, the Union Representative-cum-

Advocate for workman Brijnandan Sah is present but

neither the workman appeared nor any written statement

with documents filed on his behalf. Likewise none appeared

for the O.P./Management.

On perusal of the case record, it transpires that

despite three Regd. Notices having been issued to both

the parties, the workman did not appear nor any written

statement with his documents filed. The case has been

pending right from very beginning for it. The conducts of

the workman appears to be uninterested in contesting the

case up to its final disposal. In such circumstances, the

case is closed as No Industrial Dispute. Accordingly, an

order of ‘No Industrial Dispute’ existing is passed.

KISHORI RAM, Presiding Officer

ubZ fnYyh] 21 vDrwcj] 2014

dk-vk- 2820-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if'pe 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] eqEcbZ ds iapkV (lanHkZ la[;k 13@2007) dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 14@10@2014 dks izkIr gqvk FkkA

¹la- ,y&41012@56@2006&vkbZvkj (ch-&1)º

lqefr ldykuh] vuqHkkx vf/dkjh

New Delhi, the 21st October, 2014

S.O.

2820.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref.No. 13/2007)

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 Western Railway and

their workmen, received by the Central Government on

14/10/2014.

[No. L-41012/56/2006-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO. 2, MUMBAI

PRESENT : K.B. KATAKE, Presiding Officer

REFERENCE NO. CGIT-2/13 of 2007

Employers in Relation to the Management of

Western Railway

The Divisional Railway Manager (E),

Western Railway, DRM’s Office

Mumbai Central

Mumbai-400 008

AND

THEIR WORKMEN

The Divisional Secretary

Paschim Railway Karmachari Parishad

Chapra Building

Near Plaza Cinema

Dadar (W)

Mumbai-400 028

APPEARANCES:

FOR THE EMPLOYER

: Mr. Abhay Kulkarni,

Advocate.

6990

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

FOR THE WORKMEN

: Mr. M. B. Anchan,

Advocate

Mumbai, dated the 25th August, 2014

AWARD

The Government of India, Ministry of Labour &

Employment by its Order No.L-41012/56/2006-IR (B-I),

dated 27.02.2007 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 Western

Railway, Administration, Mumbai Division, Mumbai

in not granting the upgradaton benefits to Ms.

Meena More, Head Clerk is justified? If not, what

relief Ms. Meena More, Head Clerk is entitled to?”

2.

After receipt of the reference, notices were issued

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

party union filed statement of claim at Ex-8. According to

the second party union, workman Ms. Meena More was

initially appointed as a Junior Clerk w.e.f. 14/6/1983. She

was promoted as Sr. Clerk w.e.f. 24/12/1983. She was further

promoted as Head Clerk w.e.f. 1/1/1984. The next

promotion was to the post of Chief Clerk/Office

Superintendent- II in the scale of Rs.5,500-9000. However

instead of promoting her, the management promoted Ms.

Neelam R. Karnik who was immediate junior to the workman

in general category. She was promoted as a Head Clerk in

the scale of 425-700/5000-8000 w.e.f. 18/7/1988 and as Chief

Clerk/Office Supdt-II in the scale of 1600-2660/5500-9000

w.e.f. 11/10/1996 and further promoted as OS-I in the scale

of Rs.6500-10500 from 8/1/2002. The workman was

promoted as Head Clerk from 1/1/84 and she was not given

any further promotion though she was senior to Ms.

Neelam Karnik. Workman, Ms. Meena More had appeared

for written test for the post of Chief Clerk/OS-II in the year

1996, 1998, 2000, 2002, 2006 & 2007. She had also appeared

for viva in the year 1996, 1998 & 2000 before the Selection

Committee. In the year 1998 she had passed the test for

Office Superintendent-II with general standard. In spite

of it she was not considered for promotion to the post of

OS-II and those employees who have passed with relax

standard with the taking of notional seniority marks have

been considered for the post of OS-II in the scale of Rs.5500-

9000. During last ten years the workman has not been

communicated any adverse remarks against her in annual

confidential report. The promotion order if any during

the period 17/6/1995 to 7/3/2002 as per base grade seniority

shall be revised according to the instructions contended

in the Railway Board’s letter dt. 8/3/2002. Till date no

seniority has been revised by the administration. The

Railway Administration has promoted several juniors to

the workman to the post of Chief Clerk/OS-II and Office

Superintendent. Therefore union prays that workman may

be promoted to the post of Chief Clerk/ Office

Superintendent and as OS-I from the dates her juniors

were promoted and the action of the management not

granting upgradation benefit to the workman be declared

not justified and she be given arrears of wages from the

date of her promotion as per the seniority.

3.

The first party management resisted the statement

of claim vide their written statement Ex-9. According to

them the competent authority of Railway after perusing

the reference and after taking overall picture with regard

to the service record and merit criteria, have decided to

promote Ms. Meena More to the post of OS-II in the scale

of 5500-9000 (RSRP) w.e.f. 20/09/1998 on pro forma basis

on pay Rs.6375/-. They further submitted that select list

for promotion to the post of OS-I scale Rs.6500-10500/

9300-34800 & Rs.4600 GP was issued by the Competent

Authority on being found suitable, the name of Ms. Meena

More OS-II in the scale of Rs.9300-34800 & Rs.4200 GP is

interpolated in the same. In consequence of the said

interpolation Ms. Meena More OS-II E/RTI Cell is promoted

to the post of OS-I in the scale of Rs.9300-34800 & Rs.4600

GP w.e.f. 9/5/2006 on pro forma basis with reference to the

date of promotion of her junior. Ms. Meena More had

duly accepted the aforesaid order without any protest and

has already assumed charge of the new post w.e.f. 20/02/

2010. In the circumstances according to the first party the

substantial part of the reference has become infructuous.

According to them the workman is not entitled to the

arrears of wages on account of ground that she has not

worked on promotion post and as per clause 228 of the

Indian Railway Establishment Manual which provides that

in case of pro forma promotion no arrears shall be payable

to the concerned workman.

Workman Ms. Meena has accepted the pro forma

promotion without any protest and has already assumed

her charges. Hence she is estopped from claiming any

arrears of wages for promotional posts where she has not

actually worked. Therefore the management prays that

the reference be dismissed with cost.

4.

Following are the issues for my determination. I

record my findings thereon for the reasons to follow :

Sr. No.

Issues

Findings

1.

Whether the management of Western

Yes.

Railway, Mumbai Division is justified

in not granting the upgradation benefits

to Ms. Meena More, Head Clerk?

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6991

2.

Whether Ms. Meena More is entitled

No.

to the upgradation benefits claimed for?

3.

What order?

As per

order below.

REASONS

Issues nos. 1 & 2:-

5.

Both these issues are in respect of the benefit for

the arrears from the due date of promotion. Therefore

both these issues are discussed and decided

simultaneously. In this respect the fact is not disputed

that due to administrative error workman Ms. Meena

More was not promoted to the post of Chief Clerk/Officer

Superintendent-II w.e.f. 20/09/1998. The fact is also not

disputed that her further promotion was due as OS-I in

the pay scale of 9300-34800 + GP Rs.4600/- from 9/5/

2006. The fact is also not disputed that after this

reference, in the year 2010 the management realized the

mistake and they have given proforma promotion to the

workman from the due date without any arrears.

According to the management the workman is not entitled

to the arrears as Rule 228 of Indian Railway

Establishment Manual prescribes that in case promotion

is not given to any employee due to administrative error,

proforma promotion can be given to him from the due

date. In such cases the workman is not entitled to the

arrears. Secondly the ld. adv. for the first party submitted

that the workman is estopped from claiming the arrears

as she has accepted the proforma promotions from the

year 2010 without any protest. The ld. adv. for the first

party submitted that above referred Rule 228 is still in

existence as the same is not set aside by any Court. After

perusing the language of this Rule 228 it is clear that

due to administrative errors if a staff is overlooked for

promotion to higher grade, he can be given proforma

promotion from the due date. However he is not entitled

to the arrears on that account as he did not actually

shoulder the duties and responsibilities of the higher post.

Furthermore though the reference was pending the

workman has accepted the promotion unconditionally

without any protest.

6.

In the circumstances I hold that though the

workman was entitled to the promotion from the due

dates, as she had not worked on the promotional post,

she is not entitled to the arrears claimed in this reference.

Though the management was not justified in giving her

promotion on the due dates, the action of the management

refusing to pay arrears is quite justified. Accordingly I

hold that the management was justified in not giving the

upgradation benefits / arrears of upgradation to the

workman. Accordingly I decide this issue no.1 in the

affirmative. Consequently I hold that the workman is not

entitled to the upgradation benefits claimed for.

Accordingly I decide this issue no.2 in the negative. In

this respect the fact is not disputed that during pendency

of the reference the management has given the proforma

promotions to the workman from the due dates. Therefore

the prayer in respect of directing to give promotion has

become infructuous. The only point was to be considered

in respect of arrears which was decided against the

workman.

7.

In this respect the fact is required to be taken into

account that the workman was not promoted on the due

dates due to administrative error and the workman was

required to raise industrial dispute. She was unnecessarily

required to fight the legal battle for her promotion.

Thereafter during pendency of this reference, management

realized the administrative error and has given her the two

proforma promotions w.e.f. 1998 & 2006. As per Rule 228

and the reasons discussed herein above the workman is

not entitled to the arrears in case of proforma promotions.

However she is very well entitled to the cost of the

proceeding. Thus to meet the end of justice I think it

proper to award cost of Rs.25,000/- to the workman.

Accordingly I dispose of this reference as dismissed.

ORDER

The reference is disposed of with cost of Rs.25,000/-

payable by the management to the workman.

Date: 25/08/2014

K. B. KATAKE, Presiding Officer

ubZ fnYyh] 21 vDrwcj] 2014

dk-vk- 2821-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ,p Mh ,iQ lh

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 fnYyh ds iapkV (lanHkZ la[;k 115@11) dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 10@10@2014 dks izkIr gqvk FkkA

¹la- ,y&12012@88@2011&vkbZvkj (ch-&1)º

lqefr ldykuh] vuqHkkx vf/dkjh

New Delhi, the 21st October, 2014

S.O.

2821.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 115/

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

No.2 Delhi as shown in the Annexure, in the industrial

dispute between the management of HDFC and their

workmen, received by the Central Government on

10/10/2014.

[No. L-12012/88/2011-IR(B-I)]

SUMATI SAKLANI, Section Officer

6992

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

CUM LABOUR COURT - II, KARKARDOOMA

COURT COMPLEX, DELHI

Present : Shri Harbansh Kumar Saxena

ID No. 115/11

Sh. Vikash Lahariya,

353 , Bankey Lal Market,

Badarpur, New Delhi.110044.

Versus

1.

Vice President Human Resources,

HDFC Bank, Human Resources Division,

HDFC Bank House,

2nd floor, Sonpati Bapat Marg,

Lawer Parcel,Mumbai.

2.

Zonal Head,

HDFC Bank Limited,

2E /25 1st floor, Jhandewalan Extn.,

ND-110055

NO DISPUTE AWARD

The Central Government in the Ministry of Labour

vide notification No L-12012/88/2011-IR(B-I)) dated

30.11.2011 referred the following industrial Dispute to

this tribunal for adjudication :-

“Whether the action of the management of M/s.

HDFC Bank Ltd. in terminating the services of Sh.

Vikash Lahariya is legal and justified? To What

relief the workman is entitled?”

On 19.12.2011 reference was received in this

tribunal. Which was register as I.D No. 115/11 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 Sh.

Vikash Lahariya not filed claim statement but

management in response to reference filed response

wherein it mentioned as follows:-

MOST RESPECTFULLY SHOWETH:

At the outset the Management submits that the

Workman has not filed any Claim Petition and /or has

not supplied any claim petition inter alia substantiating

and /or prove his alleged claim before this Hon’ble Court.

In any case, the Management denies all allegations as

though the same thereof have been specifically set forth

and traversed herein, save and except to the extent the

content(s) thereof are specifically admitted. The

Management thought reserves its right to file detailed

and para -wise reply to the claim petition, in case the

Workman has filed the same.

Without prejudice to the below facts, it is submitted

that this Hon’ble Court should be pleased to dismiss the

present case on the ground that no claim petition has

been filed by the Workman till date. Apart from the above,

it is submitted the Workman is absent from the

proceedings right from the inception of the case and has

not come forward to file any claim petition.

The present reply is being filed by the Management

as per the direction issued by this Hon’ble Court (despite

the objection put forth by the Management) that no claim

petition has been filed by the Workman and hence this

Hon’ble Court may be pleased to dismiss the same.

PRELIMINARY OBJECTIONS

The following preliminary objections (the “PO”)

goes to the root of the matter in dispute and without

prejudice to each of the POs; the alleged Claim (though

no claim petition has been filed) is liable to be dismissed

on each of the grounds set out hereinafter:

I.

The Workman has filed the present case with

malafide intention, which contains false averments

and incorrect facts (as explained hereinafter). It is

an effort to harass the Management and to put

undue pressure on them so that the Management

indirectly succumbs to the illegal demand and

gratification of the Workman. As such the claim is

liable to be dismissed on this ground alone with

exemplary cost with regard thereto as per provisions

of Section 35 A of CPC, 1908. The Workman who is

seeking equitable relief must prove his bonafide

intention (viz. a viz. his performance standards)

and should first come forward before this Hon’ble

court with clean hands.

II.

At the outset, the Workman has not come with clean

hands before this Hon‘ble Court. The alleged relief

(though no claim petition has been filed by the

Workman) sought by the Workman are not

maintainable. Hence, the present claim is liable

be dismissed forthwith on the grounds of being

malafide, baseless and lacking any bonafide cause

of action.

III.

As per the Fixed Term Contract dated October 25,

2008, the Management reserves the right to

terminate the services of the Workman without

giving any compensation or notice. The

Management had given numerous opportunities to

improve his performance, however, as the Workman

failed to meet the specified work/task and no

sufficient cause was given for his non-performance

and further the Workman went on leave from

24.07.2009, which was not approved or sanctioned

by the Management and thereafter, the workman

never turn back to office as he voluntarily

disengaged from his services. The Workman/

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6993

Claimant took the said leaves, without giving any

prior intimation to the Management’s senior

Officers. In view of the Workman’s constant default

vis-à-vis clause 7 of the FTC and his unwarranted

ceaseure from the services of Management, the

employment of Workman got terminated in August

2009. In view thereof, it is apparent that the Workman

had concealed this material fact from this Hon‘ble

Court and has approached this Hon‘ble Court with

unclean hands stating the distorted and inchoate

facts, with malafide intentions of misleading this

Hon‘ble Court. The alleged Claim (though no claim

petition has been filed by the Workman) suffers from

the virus of suggestio falsie and suppressio varie as

explained in the subsequent pleadings. Hence, the

present alleged claim (though no claim petition has

been filed by the Workman) is liable to be rejected at

the threshold.

IV.

The relationship between the Claimant and the

Management are governed by the private contract

between the parties and hence the Claimant cannot

be termed as ‘Workman’ as defined under Section 2

(s) of the Industrial Dispute Act, 1947 (hereinafter

referred to as the “Act”). Thus, the Workman is not

entitled to invoke the provision of the said Act. The

Workman has approached this Hon’ble Court on

taking all possible frivolous grounds against the

Management /Bank though such grounds are just a

camouflage to coerce the Management to pay the

alleged amount or relief.

V.

The engagement/appointment of the workman

governed by the personal contract. Therefore, the

termination of the personal contract does not fall

under the purview of the definition “Industrial

Dispute” as defined under Section 2 (k) and /or under

section 2A of the Act. Hence the alleged Claim

(though no claim petition has been filed by the

Workman) is not maintainable & liable to be

dismissed by imposing heavy cost.

VI.

The present issue/dispute is related with two

individual parties, and can’t term as Industrial

Dispute as defined under the Industrial Disputes

Act, 1947. Moreover, the Workman has not made

out and/or shown how the said provisions are

attracted in the instant case. As in the catena of

judgments, it has been held that in order to invoke

the adjudicatory machinery of the this Hon’ble

Court, the existence of an industrial disputes on the

date of invoking the jurisdiction under the Act is a

basic requirement, the absence of which will take

away the jurisdiction of the Labour Court to proceed

further with the adjudication. Hence the alleged claim

(though no claim petition has been filed by the

Workman) is liable to be dismissed not only on the

ground of No Cause Of Action arises in favor of the

Workman and against the Management and no relief

can be granted by this Hon’ble Court but also this

Hon’ble Court does not have jurisdiction to entertain

the present matter in view of the bar imposed as per

Section 10 (4A) of the Act.

PRELIMINARY SUBMISSIONS / FACTS:

1.

The Management is a banking institution having its

registered office at HDFC Bank House, Senapati Bapat

Marg, Lower Parel (West), Mumbai 400013 and is engaged

in the legitimate business of providing banking service

and is having its branch office at B-2, Paschim Vihar, New

Delhi.

2.

That Mr. Raja Saha, Branch Manager and duly

authorised officer of the Management has been duly

authorised to represent the Management and to defend

the cases filed against the Bank before this Hon’ble Court.

The Authority Letter executed by the HDFC Bank Ltd. in

favor of Mr. Raja Saha is annexed herewith as ANNEXURE

M - 1.

3.

That Mr. Vikash Lahariya i.e. the Workman had

applied for the post of ‘Contract Sales Executive’. The

Workman provided it’s Resume and other related

documents. The interview was conducted and the

Management considered his candidature for the Post of

‘Contract Sales Executive’. As per the procedure, Interview

Record Sheet was prepared and New Recruit Details (NRD)

Format was also duly filled by the concerned officer of the

Management inter alia giving the details, where the Fixed

Term Contract shall be dispatched to the Workman. The

Original New Recruit Details (NRD) Format, Resume,

Certificates, Interview Record Sheet are annexed herewith

as ANNEXURE M - 2 (Colly).

4.

Accordingly, a Fixed Term Contract dated October

25, 2008 (hereinafter referred to as “FTC”) was executed

between the parties, whereby the Workman agreed to

adhere to the terms of employment as enumerated there

under. The appointment of the Workman was purely

Contractual and in view thereof, the FTC (as stated above)

was executed in between the parties; for a term of two

years with effect from November 1, 2008. Pursuant thereof,

the employee code i.e. 66061 was generated for the

Workman/Vikas Lahariya. The relevant terms of the

contract, which are necessary for the adjudication of the

present matter are reiterated herein under for the ready

reference of the this Hon’ble Court:

Clause 4 : “You will be entitled to leave only on completion

of Six months from the Date of Joining as a Contract Sales

Executive. You will be entitled to Twenty Five working

days annual leave in a calendar year at a time to be

determined by the Bank, subject to exigencies of service.

6994

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

In case you are already on leave of any sort you may be

recalled by the Bank if circumstances warrant your

immediate return on duty.

Clause 5 : You will not be entitled for any sick leave. Except

in exceptional cases leave may be granted at the discretion

of the Bank after adjusting the leave of 25 days, but the

Bank reserves the right to terminate your employment

forthwith and without previous notice in the event of

absence of work due to ill health for a periods totaling at

least four weeks in consecutive period of twelve calendar

months”.

Clause 7 : “Notwihtstanding the provisions of clause 11 is

hereof in the event of any willful or continued neglect by

you of your duties, any serious misconduct or any breach

of this contract on your part, the Bank reserves the right

to terminate your employment forthwith and without notice

or payment in lieu of notice and you shall be bound by

such a decision and shall not question the same.

Clause 11 : “The contract may be terminated by either

party giving to the other not less than one month’s and

not more than thirty days prior written notice to that effect

expiring at any time after the commencement of your service

hereunder or by the Bank paying you one month’s basic

salary in lieu of Notice (wherein before or after such notice

of termination is given by you). The Bank shall be entitled,

whether such notice of termination is given by you or the

Bank, to require you to proceed on leave at the time of

receiving or giving such notice of termination or at any

time thereafter. The unavailed leave may be adjusted

against the notice period, at the discretion of the

management. The Bank shall also be entitled to terminate

your service forthwith by paying one month’s salary in

lieu of notice.

Clause 12 : “On expiry of two years from the date of

commencement of this contract, your services will

automatically come to an end without any further act of

the Bank.

From the terms of the FTC, it was apparent that the

continuation of the employment of the Workman would

be subject to adhering the terms and FTC as well as meeting

of the business targets determined by the Bank from time

to time. The Original FTC dated October 25, 2008 is annexed

herewith as ANNEXURE M - 3.

5.

That Vikash Lahariya (in terms of the FTC) started

working with the Management /Bank with effect from

November 1, 2008 under the Managerial Capacity and was

drawing monthly salary of Rs. 4,500/- (Rupees Four

Thousand Five Hundred Only) and monthly conveyance

allowance of Rs. 2,500/- (Rupees Two Thousand Five

Hundred Only). Apart from the salaries and the allowances,

the Workman was provided group medical insurance for a

sum of Rs. 50,000/-. The Workman was even provided as

well as asked to be participating in the Bank’s Staff

provident Fund.

6.

In terms of the FTC, the Workman was required to

perform his work at New Delhi or such other place or places

in or outside India as the Bank or its associates or

subsidiaries may from time to time specify. The Workman

was to report to his Reporting Manager namely Shri

Mahesh Joshi at Jhandewalan Extn., New Delhi branch of

the Bank. In view of the employment, a Salary Bank

Account bearing no. 0013851040000262 was also opened

in the name of the Workman, wherein the monthly salary

of the Workman was directly deposited by the Bank.

7.

That the Workman was assigned his work and

responsible for managing the work during his tenure are

as under:

(a)

The workman was mainly responsible for maintaining

the relationship with merchants mapped him;

(b)

He was responsible for generation of volume and

cross sell;

(c)

He was responsible to make daily visits to merchants

and ensure that the merchants contribute volume

for the Bank;

(d)

To complete the profile sheet for the complete

merchant base mapped to him, which give details of

the merchant;

(e)

For managing the relationship with the merchant, in

case if any merchant has any sales/service related

issues;

(f)

To ensure that the merchants utilize/inform any

additional features provided by the Bank;

(g)

For sourcing of merchants;

(h)

To collect KYC documents for sourcing merchants

form and send the same CANI/branch for CA

opening;

(i)

For sourcing merchants from competition banks.

It is pertinent to state that the performance of the

Workman was under par, right from the inception of his

job and much below the assigned work given by the Bank.

That the Workman (during tenure of his job) never perform

his duties successfully.

8.

The Workman was coached, trained and assisted to

carry on the job assigned by the Bank. It was noticed that

the Workman, on numerous occasions failed to perform

his duties under the FTC. That the Management through

its Reporting Manager constantly and reminded the

Workman to improve his performance and also pointed

out the derelictions in his duty, which had no heed on the

Workman.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6995

9.

Despite, numerous opportunities given to the

Workman to improve his performance, he failed to perform

his duties/responsibilities. Instead of concentrating on

the service and improving his performance, the Workman

went on leave without any due approval of his immediate

Reporting Manager with effect from July 24, 2009. That

thereafter, the Workman never contacted the Bank and

voluntarily disengaged his services without intimating

Management with the plausible reasons. Moreover, the

Workman never assigned his duties to any other manager

nor he has given charge of his job and responsibilities of

the team to any other employee, which clearly shows

breach of his responsibilities. Failing to improve his

performance and further going on leave without any due

approval /sanction. In view of the Workman’s constant

default vis-à-vis clause 7 of the FTC and his unwarranted

ceaseure from the services of Management, the

employment of Workman got terminated in August 2009.

The table below shall show the details of number of days

worked, number of days absent and the salary received

and credited the Salary Account of the Workman:

S#

Month

Number of

Salary paid

days present

1

Jan ’09

31

Rs. 20,767/- salary for the month

of December’ 08 and Jan, 2009

along with incentive.

2

Feb ’09

28

Rs. 7,025/- salary along with

incentive

4

Mar ’09

31

Rs. 7300/- salary along with

incentive.

5

April ’09

30

Rs. 8,175/- salary along with

incentive.

6

May ’09

31

Rs. 7,775/- salary along with

incentive.

7

June ’09

30

Rs. 8,100/-, salary along with

incentive.

8.

July ’09

23

Rs. 8,600/- salary along with

incentive.

The copy chart explaining the Salary pay slip for

the workman during the tenure of his service is annexed

herewith as ANNEXURE M - 4. The Workman duly

acknowledged and utilized the Salary paid for the notice

period; meaning thereby accepting the termination.

10.

Despite, failure in achieving the targets as well as

going on unapproved /unsanctioned leave, Vikash

Lahariya (not being Workman as per the provision of the

Act) has approached this Hon’ble Court with the alleged

present false, frivolous and vexatious claim (though no

claim petition has been filed) before this Hon’ble Court.

That prima facie the alleged Claim is clearly an

afterthought and has been instituted by the Workman with

malafide intention and ulterior motive. It is an effort to

harass the Management to put an undue pressure on them

so that the Management in directly succumb to the

unlawful demands of the Workman. That from the above,

it is evident that the Workman has been unnecessarily

filing the frivolous and futile litigations against the Bank,

who acted within the terms of the FTC. It is the Workman,

who is in breach of the terms of the FTC and as such is

estopped from alleging to the contrary. The Management

reserves its rights to initiate proper proceeding against

the Workman for the loss of name and damages for the

wrongful effort to defame the reputation of the

Management Bank.

PARA-WISE REPLY TO THE CLAIM:

AS NO CLAIM PETITION HAS BEEN FILED BY THE

WORKMAN; HENCE THE MANAGEMENT IS UNABLE

TO GIVE ANY PARA WISE REPY TO CLIAM ON MERIT

AND RESERVES IT RIGHT TO REPLY AS WHEN THE

NEED ARISES.

PRAYER

IT IS THEREFORE, MOST RESPECTFULLY PRAYED

THAT THIS HON’BLE COURT MAY BE PLEASED TO:

(a)

Dismiss the above alleged Claim, in the interest of

justice and equity with punitive and exemplary costs

being awarded to the Management; and in that

behalf

(b)

pass any order or further order/orders as this Hon’ble

Court may deem fit and proper.

AND FOR THIS ACT OF KINDNESS, THE

MANAGEMENT AS IN DUTY BOUND SHALL EVER

PRAY.

On the basis of non-interestedness of workman. The

proceeding of this case is not liable to be proceeded further.

Hence proceedings of the case are liable to be dropped

and no dispute award is liable to be passed. Which is

liable to be passed.

No Dispute Award is accordingly passed.

Dated : 28/08/2014

HARBANSH KUMAR SAXENA, Presiding Officer

ubZ fnYyh] 21 vDrwcj] 2014

dk-vk- 2822-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if'pe 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 t;iqj ds iapkV (lanHkZ la[;k 60@1991) dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 14@10@2014 dks izkIr gqvk FkkA

¹la- ,y&41012@32@91&vkbZvkj (ch-&1)º

lqefr ldykuh] vuqHkkx vf/dkjh

New Delhi, the 21st October, 2014

S.O.

2822.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 60/1991)

6996

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

of the Cent.Govt.Indus.Tribunal-cum-Labour Court, No.2

Jaipur as shown in the Annexure, in the industrial dispute

between the management of Western Railway and their

workmen, received by the Central Government on

14/10/2014.

[No. L-41012/32/91-IR(B-I)]

SUMATI SAKLANI, Section Officer

vuqcUèk

vuqcUèk

vuqcUèk

vuqcUèk

vuqcUèk

dsUnzh; vkS|ksfxd U;k;kfèkdj.k] t;iqj

dsUnzh; vkS|ksfxd U;k;kfèkdj.k] t;iqj

dsUnzh; vkS|ksfxd U;k;kfèkdj.k] t;iqj

dsUnzh; vkS|ksfxd U;k;kfèkdj.k] t;iqj

dsUnzh; vkS|ksfxd U;k;kfèkdj.k] t;iqj

dsl ua0 lh-vkbZ-Vh- 60@1991

dsl ua0 lh-vkbZ-Vh- 60@1991

dsl ua0 lh-vkbZ-Vh- 60@1991

dsl ua0 lh-vkbZ-Vh- 60@1991

dsl ua0 lh-vkbZ-Vh- 60@1991

jSQjSal %

jSQjSal %

jSQjSal %

jSQjSal %

jSQjSal % dsUnz ljdkj] Je ea=ky;] ubZ fnYyh

dk vkns’k Øekad ,y&41012@32@91&vkbZ-vkj-

¼Mh-;w-½ fnukad 30-10-1991

?khlwyky iq= Jh cq)kjke fV-ua- 24405] bySDVªksIysMj

xzsM&II] vkxsZukbftax lhØszVjh] if’pe jsyos deZpkjh

ifj"kn] jsyos DokVZj la[;k 1188@,] jkexat

jsyos dkWyksuh] vtesj&305001

&&& izkFkhZ

cuke

cuke

cuke

cuke

cuke

1-

egkizcaèkd] if’pe jsyos] ppZxsV] cEcbZA

2-

eq[; dkj[kkuk izcaèkd] yksdks vtesjA

3-

mi eq[; ;kaf=d vfHk;ark dSjst dk- vtesjA

&&&vizkFkhZx.k

mifLFkr

mifLFkr

mifLFkr

mifLFkr

mifLFkr

ihVklhu vfèkdkjh% Jh gseUr dqekj tSu+]

ihVklhu vfèkdkjh% Jh gseUr dqekj tSu+]

ihVklhu vfèkdkjh% Jh gseUr dqekj tSu+]

ihVklhu vfèkdkjh% Jh gseUr dqekj tSu+]

ihVklhu vfèkdkjh% Jh gseUr dqekj tSu+]

vkj-,p-ts-,l-

vkj-,p-ts-,l-

vkj-,p-ts-,l-

vkj-,p-ts-,l-

vkj-,p-ts-,l-

izkFkhZ dh vksj ls

% Jh foØe flag uSu

vizkFkhZx.k dh vksj ls

% Jh iw.kZsUnz 'kekZ

fnukad vokMZ % 07-02-2014

fnukad vokMZ % 07-02-2014

fnukad vokMZ % 07-02-2014

fnukad vokMZ % 07-02-2014

fnukad vokMZ % 07-02-2014

vokMZ

vokMZ

vokMZ

vokMZ

vokMZ

1-

Hkkjr ljdkj ds Je ea=ky; dh vkKk

Øekad 41012@32@91 fnukad 30-10-1991

ls fuEu vuqlwph dk fookn “Whether the the action

of the management of Western Railway, Ajmer in

terminating the services of Shri Ghisulal, Electroplater,

T, No. 24405/25 in C&W at Ajmer w.e.f. 08.01.88 is justified?

If not, to what relief the workmen concerned is entitled

to?” vfèkfu.kZ; gsrq bl vfèkdj.k dks izkIr gqvk

gSA

2-

izkFkhZ Jfed dh vksj ls LVsVeSaV vkWQ Dyse

is’k dj dFku fd;k fd izkFkhZ dh fu;qfDr fnukad

02-05-76 dks dYpjy LiksVZ dksVs ds vkèkkj ij

[kyklh ds in ij dSfjt dkj[kkus esa gq;h

FkhA izkFkhZ }kjk viuh HkrhZ ds le;

viuh 'kS{kf.kd ;ksX;rk ,oa tUe frfFk dk

dksbZ izek.k izLrqr ugha fd;k x;k Fkk]

dsoy ?kjokyksa ds crk;s vuqlkj tUefrfFk

fy[kok;h Fkh vkSj QkeZ Hkjus okys fyfid

,oa lfoZl 'khV Hkjus okys ckcw us mls

vkBoha ikl fy[k fn;k FkkA izkFkhZ dks

dsoy ukVd esa lQy ,oa lcy vfHku; ds

izn’kZu ds vkèkkj ij gh ukSdjh esa fy;k

x;k FkkA izkFkhZ ds fo:) f’kdk;r djus

okys O;fDr us dksbZ Hkh izek.k i= izLrqr

ugha fd;k fd izkFkhZ dksbZ 'kS{kf.kd

;ksX;rk j[krk gS ;k vk;q xyr gSA vizkFkhZ

}kjk foHkkxh; tkap esa vfu;ferrk cjrrs

gq;s foHkkxh; tkap dj xyr <ax ls

lsoki`Fkd dj fn;k x;kA izkFkhZ }kjk

lsoki`Fkd vkns’k ds fo:) vihy dh x;h]

ftldk dksbZ mRrj ugha fn;k x;kA izkFkhZ

lsoki`Fkd dh fnukad ls gh csjkstxkj gSA

vr% izkFkhZ dks iqu% lsok esa fy;k tkdj

lHkh ykHk&ifjykHk fnyk;s tkosaA

3-

vizkFkhZx.k dh vksj ls LVsVesaV vkWQ

Dyse dk tokc izLrqr dj izkjfEHkd vkifRr

dh fd izkFkhZ Jfed dh ifjHkk"kk esa

ugha vkrk gS rFkk vkS|ksfxd fookn

vfèkfu;e 1947 ds izkoèkkuksa ds vUrxZr

b l f o o k n d k s l q u u s d k v f è k d k j

U;k;kfèkdj.k dks ugha gSA izkFkhZ }kjk

fu;qfDr ds le; xyr tUefrfFk ,oa 'kS{kf.kd

;ksX;rk fn;s tkus ij fu;ekuqlkj ukSdjh

l s g V k ; k x ; k g S A x q . k k o x q . k i j

vizkFkhZx.k dk dFku gS fd izkFkhZ dh

fu;qfDr dYpjy dksVk ls ugha dh tkdj

vu,izwCM lClhV~;wV [kykhl ds in ij

fnukad 02-07-76 dks dh x;h FkhA izkFkhZ

}kjk HkrhZ ds le; viuh 'kS{kf.kd ;ksX;rk

vkBoha crk;h x;h Fkh rFkk lk{;kadu izi=

Hkh is’k fd;k x;k Fkk] ftlesa vkBoha

d{kk mRrh.kZ o Ldwy NksM+us dh rkjh[k

02-07-62 fy[kh gq;h FkhA jsyos iz’kklu }kjk

izkFkhZ dh vk;q o 'kS{kf.kd ;ksX;rk dh lacafèkr

fo|ky; ls tkap djus ij] izkFkhZ dk mDr 'kkyk

esa vè;;ujr ugha gksuk vkSj vkBoha d{kk mRrh.kZ

ugha djuk ik;s tkus ij fu;ekuqlkj izkFkhZ ds

fo:) xyr rF; crkdj ukSdjh izkIr djus ds

vkjksi esa foHkkxh; tkap djkdj vkjksi fl) ik;s

tkus ij fnukade 08-01-88 dks lsoki`Fkd fd;k

x;k gSA tks fofèkvuwdwy gSA vr% Dyse [kkfjt

fd;k tkosA

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6997

4-

U;k;kfèkdj.k ds vkns’k fnukad 05-

10-98 }kjk foHkkxh; tkap dks v’kq) ,oa

vuqfpr ?kksf"kr fd;k x;kA foi{kh dh vksj

ls dksbZ lk{; is’k ugha gksus ij fnukad

19-05-99 dks lk{; foi{kh can dh x;hA

lk{; izkFkhZ esa Lo;a izkFkhZ Jh ?khlwyky

dk 'kiFk i= is’k gqvk gSA

5-

U;k;kfèkdj.k ds vkns’k fnukad 23-

08-99 }kjk izkFkhZ dks varfje jkgr ds

:i esa ipkl izfr’kr osru vnk djus ds

vkns’k fn;s x;sA foi{kh }kjk vUrfjr jkgr

dk Hkqxrku ugha fd;s tkus ij U;k;kfèkdj.k

} k j k

v o k M Z

f n u k a d

31-07-2000 }kjk izkFkhZ dks iqu% lsok esa fy;k

tkdj fiNys osru HkRrksa lfgr lsok esa fy;s tkus

dk vkns’k fn;k x;kA

6-

vizkFkhZx.k }kjk ekuuh; mPp U;k;ky; esa

mDr vokMZ ds fo:) fjV ;kfpdk is’k fd;s tkus

ij ekuuh; mPp U;k;ky; }kjk iqu% izdj.k dk

xq.kkoxq.k ij fuLrkj.k fd;s tkus ds vkns’k fn;s

x;sA

7-

mHk; i{kksa dh cgl lquh x;hA i=koyh dk

voyksdu fd;k x;kA

8-

izkFkhZ izfrfufèk dk dFku gS fd izkFkhZ dh

fu;qfDr fnukad 02-07-76 dks dYpjy LiksVZl

dksVs ls [kyklh ,oth ds in ij vLFkk;h :i ls

dh x;h Fkh] ftls ckn esa LFkk;h dj fn;k x;kA

izkFkhZ dks O;kolkf;d ijh{kk mRrh.kZ djus ij

fnukad 15-11-1980 dks bySDVªksIysVj xzsM&I ,oa

fnukad 03-04-86 dks bysDVªksIysVj xszM&II ds in

ij inksUur fd;k x;k gSA izkFkhZ izfrfufèk dk rdZ

gS fd foi{kh dh vksj ls izkFkhZ ds fu;ferhdj.k]

inksUufr] lfoZl cqd vkfn U;k;kfèkdj.k ds vkns’k

ds ckotwn izLrqr ugha fd;s x;s gSaA mDr fjdkMZ

[kksus ds lacaèk esa dksbZ jsdkMZ is’k ugha fd;k

x;kA izkFkhZ izfrfufèk dk rdZ gS fd foi{kh }kjk

[kyklh ds in ij D;k fuèkkZfjr ;ksX;rk Fkh] bl

lacaèk esa dksbZ foKkiu rFkk fu;e is’k ugha fd;s

x;s gSaA izkFkhZ dh fu;qfDr fdl dksVs ds rgr dh

x;h] bl lacaèk esa Hkh dksbZ izys[k is’k ugha fd;k

x;k gSA izkFkhZ izfrfufèk dk dFku gS fd izkFkhZ

}kjk 'kS{kf.kd ;ksX;rk ds lacaèk esa dksbZ izek.k

i= is’k ugha fd;k x;k gS vkSj tUe frfFk

ekrk&firk ds crk;s vuqlkj fy[kk;h x;h gSA

izkFkhZ }kjk dksbZ QthZ nLrkostkr~ izLrqr dj

ukSdjh izkIr ugha dh x;h gSA foi{kh dh vksj ls

U;k;kfèkdj.k ds le{k vkt rd iwjk jsdkMZ

izLrqr ugha fd;k x;k gSA fnukad 05-10-98 dks

foHkkxh; tkap dks v’kq) ?kksf"kr fd;k

tk pqdk gSA foi{kh dh vksj ls dksbZ

lk{; is’k ugha gq;h gSA tkap esa izkFkhZ

dks nLrkostkr miyCèk ugha djk;s x;sA

tkap vfèkdkjh ,oa foHkkxh; izfrfufèk dc

fu;qDr fd;s x;s vkSj bldh lwpuk Hkh

izkFkhZ dks ugha nh x;hA izkFkhZ dks

O;fDrxr lquokbZ dk volj ugha fn;k x;kA

tkap izfrosnu dh izfr miyCèk ugha djkbZ

x ; h A

i z k F k h Z

d k s

f n u k a d

08-01-88 dks lsoki`Fkd dj fn;k x;kA ftlds

fo:) izkFkhZ }kjk vH;kosnu fnukad 07-

09-87 dks is’k fd;k x;kA izkFkhZ }kjk

izLrqr vihy] fjohtu nksuksa [kkfjt dj

nh x;haA foi{kh dks fuokZg HkRrs dk

Hkqxrku ugha fd;s tkus ij U;k;kfèkdj.k

} k j k

f o i { k h

d s

f o : )

f n u k a d

31-7-2000 dks vokMZ ikfjr fd;k tk pqdk gSA

foi{kh dh vksj ls izkFkhZ dks fuokZg HkRrs dk vkt

rd Hkqxrku ugha fd;k x;kA izkFkhZ }kjk iwjh tkap

esa ;gh dFku fd;k x;k gS fd og i<+k&fy[kk

ugha gS] og dsoy gLrk{kj djuk gh tkurk gSA

izkFkhZ izfrfufèk dk dFku gS fd foi{kh }kjk

U;k;kfèkdj.k dks jsQjsal lquus dk {ks=kfèkdkj

ugha gksus ds lacaèk esa foi{kh jsQjsal dks pSysat

djrs] vc brus o"kksZ ckn ;g rdZ ugha fn;k tk

ldrkA vr% izkFkhZ dks iqu% lsok esa fy;s tkus

rFkk fiNys osru&HkRrs rFkk lHkh ykHk fnyk;s

tkus dk vokMZ ikfjr fd;k tkosA izkFkhZ izfrfufèk

}kjk vius rdksZa ds leFkZu esa fuEu U;kf;d

n`"Vkar is’k fd;s x;s gSa %&

1-

1992 ysc vkbZ lh 2391 ¼,l-lh-½ LVsV

vkWQ iatkc o vU; cuke jke flag

2-

2001 II ,y ,y ts 1721 ¼enzkl½ eSustesaV

vkWQ vkWjks QwM fy- cuke ih-vks-

3-

¼1999½ 1 ,l lh lh 517 uhrk dfIy’k

cuke ih-vks- yscj dksVZ o vU;A

4-

¼1999½ 1 ,l lh lh 529 LVsV vkWQ

xqtjkr o vU; cuke lw;Zdkar pquhyky

9-

foi{kh ds fo}ku izfrfufèk dk dFku gS fd

izkFkhZ Jfed dh ifjHkk"kk esa ugha vkrk gSA

U;k;kfèkdj.k dks vkS0fo0vfèk0 1947 dh èkkjk

7 d¼1½ ds rgr lquus o fuf.kZr djus dk

vfèkdkj ugha gSA vizkFkhZ izfrfufèk dk rdZ gS fd

izkFkhZ }kjk fu;qfDr ds le; 08-11-76 ds

lk{;kadu i= ds dkWye la[;k 10 esa] ftls

jktif=r vfèkdkjh ls lR;kfir djkdj o vius

gLrk{kj dj is’k dh x;h Fkh] ftlesa izkFkhZ ds

6998

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

fo|ky; dk uke jk0m0izk0fo|ky; vyoj xsV]

vtesj] fo|ky; esa izos’k dh fnukad

08-09-1959] fo|ky; NksM+us dh fnukad

02-07-1962 rFkk ;ksX;rk vkBoha ikl fy[kh

gq;h FkhA izkFkhZ ds tUefrfFk o 'kS{kf.kd ;ksX;rk

dk lR;kiu djkus ij jkt0m0izk0fo0 vyoj

xsV] vtesj ds izèkkukpk;Z us vius i= fnukad

22-10-86 o 13-12-86 esa Li"V fd;k fd

mDr fo|ky; 1961 rd NBoha d{kk rd Fkk

rFkk mlds ckn vkBoha rd esa ifjofrZr fd;k

x;kA vr% Jh ?khlwyky dk fo|ky; esa vè;;u

djuk ,oa vkBoha mRrh.kZ gksuk nksuksa gh xyr gSA

izkFkhZ }kjk fu;qfDr ds fy;s xyr rF; ,oa izek.k

i= fn;s tkus ij vkjksi i= tkjh dj

fu;ekuqlkj foHkkxh; tkap djk;h x;h]

ftlesa vkjksi lgh ik;s tkus ij lsoki`Fkd

fd;k x;k gSA izkFkhZ us tkap fjiksVZ ls

H k h l a r q " V g k s u k c r k ; k g S A i z k F k h Z

izfrfufèk }kjk fyfid }kjk ;ksX;rk Hkjk tkuk

crk;k gS] ysfdu ;g ;ksX;rk Hkh izkFkhZ ds dgs

tkus ij gh fyfid }kjk Hkjh gksxh] blesa fyfid

dk D;k bUVsa’ku FkkA izfrfufèk dk rdZ gS fd

[kyklh ds in gsrq vkBoha d{kk mRrh.kZ gksuk

vko’;d gSA izkFkhZ ds vkBoha mRrh.kZ ugha ik;s

tkus ij mls lsoki`Fkd fd;k x;k gSA izkFkhZ }kjk

izLrqr vihy dks Hkh lkjghu ekudj n.M ;Fkkor

j[kk gSA izkFkhZ izfrfufèk }kjk viuh ;kfpdk esa

viuh tUefrfFk o 'kS{kf.kd ;ksX;rk ds izek.k

i= is’k ugha djus dk dksbZ dkj.k ugha crk;k gSA

izfrfufèk dk rdZ gS fd izkFkhZ }kjk fuèkkZfjr

;ksX;rk ugha j[kus ds dkj.k izkFkhZ dks lsoki`Fkd

fd;k x;k gSA izkFkhZ }kjk izLrqr Dyse [kkfjt

fd;s tkus ;ksX; gSA vizkFkhZ izfrfufèk }kjk vius

rdksZa ds leFkZu esa fuEu U;kf;d n`"Vkar is’k

fd;s x;s gSa &

1-

¼2012½ 8 ,l lh lh 748 tSusUnz flag

cuke LVsV vkWQ mRrjizns’kA

10- mHk; i{kksa ds rdksZa dk euu fd;kA i=koyh

dk xgurk ls voyksdu o vè;;u fd;k x;kA

izkFkhZ Jh ?khlwyky dh fu;qfDr fnukad

01-07-76 dks fnukad 02-07-76 ls fjDr [kyklh

ds in ds fo:) vLFkk;h voth [kyklh ds in

ij vLFkk;h :i ls dh x;h FkhA izkFkhZ Jh

?khlwyky }kjk fnukad 02-07-76 dks mDr in

ij dk;ZHkkj xzg.k fd;k x;kA fnukad 15-02-

80 ds vkns’k }kjk izkFkhZ dh fu;qfDr fnukad 02-

07-76 ls [kyklh ds in ij fu;fer :i ls

ekuh x;h gSA izkFkhZ dks O;kolkf;d ijh{kk mRrh.kZ

djus ij fnukad 15-04-80 ls bysDVªksIysVj

xzsM&I ds in ij ,oa vkns’k fnukad 07-05-86

}kjk bysDVªksIysVj ds in ij inksUur fd;k

x;k gSA

11- foHkkxh; tkap dks U;k;kfèkdj.k ds

vkns’k fnukad 05-10-98 }kjk v’kq) ,oa

vuqfpr ?kksf"kr fd;k x;k gSA foi{kh dh

vksj ls dksbZ lk{; is’k ugha gksus ij

U;k;kfèkdj.k }kjk lk{; foi{kh fnukad

19-05-99 dks can dh x;h rFkk lk{; izkFkhZ

esa Lo;a izkFkhZ dk 'kiFk i= is’k gqvk

g S ] f t l l s f o i { k h i z f r f u f è k } k j k

i z f r i j h { k k u g h a d h x ; h g S A i z k F k h Z

?khlwyky us vius 'kiFk i= esa c;ku fd;k

gS fd izkFkhZ }kjk viuh fu;qfDr ds le;

dHkh Hkh Lo;a dks vkBoha mRrh.kZ ugha

crk;k x;k rFkk mldh fu;qfDr ukVd dksVs

ds vkèkkj ij gksuk dFku fd;k gSA izkFkhZ

Jfed us vius c;kuksa esa crk;k gS fd

foi{kh }kjk mldh fu;qfDr ds le; cuk;h

x;h lfoZl 'khV] O;fDrxr i=koyh

U;k;kfèkdj.k ds le{k is’k ugha dh x;h

gSA foi{kh }kjk izkFkhZ ?khlwyky ls dksbZ

izfrijh{kk ugha dh x;h gSA vr% izkFkhZ

}kjk izLrqr lk{; vdkV~; gSA

12- foi{kh izfrfufèk dh vksj ls ;g rdZ

fn;k x;k gS fd izkFkhZ }kjk fnukad 08-

11-76 dks is’k lk{;kadu izi= esa viuh

tUefrfFk 15-04-1947 rFkk Lo;a dks

jk0m0izk0fo|ky;] vyoj xsV]vtesj ls

vkBoha d{kk mRrh.kZ gksuk vafdr fd;k

gSA mDr fo|ky; ls 'kS{kf.kd ;ksX;rk dh

lR;kiu djkus ij izkFkhZ mDr fo|ky; esa

vè;;u ugha djuk rFkk vkBoha mRrh.kZ ugha

gksuk crk;k gSA esjs fouez er esa fdlh

Hkh fu;qfDr ds fy;s igys foKkiu izdkf’kr

fd;k tkrk gS] mlh ds mijkar fuèkkZfjr

izfØ;k viukdj fu;qfDr iznku dh tkrh gSA

foi{kh }kjk fopkj.kh; izdj.k esa ,slk

dksbZ foKkiu is’k ugha fd;k x;k gS] fd

[kyklh ds in ij fu;qfDr gsrq dksbZ foKkiu

izdkf’kr fd;k x;k gksA foi{kh }kjk [kyklh

ds in gsrq fuèkkZfjr ;ksX;rk vkBoha

mRrh.kZ gksuk crk;k gS] ijUrq foi{kh

}kjk ,sls dksbZ lsokfu;e is’k ugha fd;s

gSa] ftuesa ;g vafdr gks fd [kyklh ds

in dh fuèkkZfjr ;ksX;rk vkBoha mRrh.kZ

gSA vr% foi{kh }kjk foKkiu] lsok fu;e

U;k;kfèkdj.k ds le{k is’k ugha djuk

foi{kh ds izfr izfrdwy voèkkj.kk izdV

djrk gSA

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

6999

13- izkFkhZ }kjk vius rdksZa esa viuh

fu;qfDr dYpjy LiksVZ ds vkèkkj ij fd;k

tkuk crk;k gS] ijUrq foi{kh }kjk izkFkhZ

dh U;k;ky; ds vkns’k ds ckotwn O;fDrxr

i=koyh is’k ugha dh x;h] ftlls ;g fl)

ugha gks ldrk fd izkFkhZ dh fu;qfDr fdl

dksVs esa gq;hA foi{kh }kjk U;k;ky;

vkns’k ds ckotwn okafNr nLrkostkr~ is’k

ugha djuk foi{kh dh vksj izfrdwy voèkkj.k

izdV djrk gSA

14- esjs fouez er esa fdlh Hkh fu;qfDr

ls iwoZ fuèkkZfjr ;ksX;rk lacaèkh izek.k

i=ksa dk lR;kiu djus ds mijkar gh fu;qfDr

iznku dh tkrh gSA izkFkhZ ?kklwyky dks

fnukad 02-07-76 ls [kyklh ds in ij

fu;qfDr nh x;h gS vkSj izkFkhZ }kjk

fnukad 08-11-76 dks lk{;kadu izi= is’k

fd;k x;k gS] tks fu;qfDr ds 04 ekg ckn

is’k fd;k x;k gSA lk{;kadu izi= ds dkWye

la[;k 07 esa izkFkhZ dh tUe frfFk fnukad

15-04-1947 rFkk dkWye la[;k 10 esa

i z k F k h Z d h ' k S { k f . k d ; k s X ; r k v k B o h a

mRrh.kZ vafdr gSA izkFkhZ }kjk fu;qfDr

ds le; dksbZ Hkh izek.k&i= is’k ugha

djuk rFkk ekrk&firk ds crk;s vuqlkj tUe

frfFk vafdr djkuk crk;k x;k gSA foi{kh

}kjk Hkh ,slk dgha ugha dgk x;k gS fd

i z k F k h Z u s Q t h Z v k B o h a m R r h . k Z d h

vadrkfydk fu;qfDr ds le; is’k dh gksA

izkFkhZ }kjk laiw.kZ tkap esa] tokc rFkk

cgl esa ;gh dgk x;k gS] fd og i<+k&fy[kk

ugha gS] og dsoy gLrk{kj djuk tkurk gSA

lk{;kadu izi= Hkh izkFkhZ }kjk Lo;a Hkjdj

is’k ugha fd;k x;k gS] ,slh fLFkfr esa

bl rdZ ij fo’okl ugha fd;k tk ldrk fd

izkFkhZ }kjk viuh fu;qfDr ds le; viuh

'kS{kf.kd ;ksX;rk vkBoha mRrh.kZ crk;h

x;h gksA oSls Hkh izkFkhZ us viuh HkrhZ

dYpjy LiksVZ dksVs ds rgr gksuk crk;k

gSA foi{kh }kjk izkFkhZ dh O;fDrxr i=koyh

vkSj fuèkkZfjr ;ksX;rk vkBoha mRrh.kZ

gksus ckcr~ dksbZ lsokfu;e is’k fd;s

x;s gS vkSj u gh bl lacaèk esa dksbZ

e k S f [ k d l k { ; f o i { k h d h v k s j l s

U;k;kfèkdj.k ds le{k is’k dh x;h gSA

vr% foi{kh izfrfufèk dh ;g vkifRr Lohdkj

dh tkus ;ksX; ugha gSA

15-

esjs fouez er esa [kyklh ds in

gsrq fdlh rduhdh f’k{kk dh vko’;drk ugha

gksrh gSA mDr in ij dk;Z dh izd`fr dks

Hkh dalhMj djrs gq;s fu;qfDr iznku dh

tk ldrh gSA foi{kh }kjk izkFkhZ dh

l s o k ; s a

m l d h

f u ; q f D r

f n u k a d

02-07-76 ls fu;fer ekuh x;h gSaA izkFkhZ dks

mlds lsokdky esa O;kolkf;d ijh{kk mRrh.kZ

djus ij bysDVªksIysVj xzsM&I ,oa bysDVªksIysVj

xszM&II ds in ij inksUur fd;k x;k gSA fdlh

Hkh inksUufr ls iwoZ mlds lsokdky esa dksbZ

izfrdwy izfof"V ugha gksus ,oa fu;fer lsok gksus

ds mijakr gh fdlh deZpkjh dks inksUufr iznku

dh tkrh gSA izkFkhZ dks mlds lsokdky esa nks ckn

inksUufr iznku dh x;h gSA ftlls ;g lkfcr

gksrk gS fd mldh lsok;sa fu;fer Fkha ,oa mlds

lsokdky esa dksbZ izfrdwy izfof"V vafdr ugha FkhA

16- foi{kh dh vksj ls izLrqr U;kf;d n`"Vkar

¼2012½ 8 ,l lh lh 748 tSusUnz flag cuke

LVsV vkWQ mRrjizns’k esa ekuuh; loksZPp U;k;ky;

}kjk izfrikfnr fl)kar voSèk fu;qfDr ds lacaèk esa

gS] tcfd fopkj.kh; izdj.k esa izkFkhZ dh fu;qfDr

fu;fer fu;qfDr gSA vr% mDr U;kf;d n`"Vkar

gLrxr izdj.k ds rF;ksa ,oa ifjfLFkfr;ksa ls fHkUu

gksus ds dkj.k gLrxr izdj.k esa ykxw ugha gksrk

gSA

17- foi{kh }kjk ;g vkifRr dh x;h gS fd

izkFkhZ Jfed dh ifjHkk"kk esa ugha vkrk gS vkSj

U;k;kfèkdj.k dks jsQjsal lquus o fuf.kZr djus

dk vfèkdkj ugha gSA bl lacaèk esa ekuuh; mPp

U;k;ky; ,oa loksZPp U;k;ky; }kjk fofHkUu

U ; k f ; d n ` " V k a r k s a e s a ; g f l ) k a r k s a

izfrikfnr fd;k x;k gS fd U;k;kfèkdj.k

dk {ks=kfèkdkj jsQjsal ds fookfnr fcUnq

rd gh gS vkSj U;k;kfèkdj.k jsQjsal ls

ckgj tkdj fuf.kZ; ugha ns ldrkA vr%

U ; k ; k f è k d j . k d k s i z k I r j s Q j s a l e s a

fookfnr fcUnq ij gh viuk fu.kZ; ikfjr

djuk gSA vr% foi{kh izfrfufèk dh mDr

vkifRr Lohdkj dh tkus ;ksX; ugha gSA

18- izkFkhZ izfrfufèk dh vksj ls izLrqr

U ; k f ; d n ` " V k a r k s a e S a u s c k j h d h l s

vè;ksikar fouezrkiwoZd voyksdu fd;kA

mijksDr lHkh n`"Vkarksa ds rF; ,oa

ifjfLFkfr;kWa gLrxr izdj.k ds rF;ksa

,oa ifjfLFkfr;ksa ls lekurk j[krs gSa]

vr% mDr lHkh U;kf;d n`"Vkar izkFkhZ ds

dsl esa ykxw gksrs gSaA ftudk izHkko

;Fkksfpr :i ls Åij foospuk esa fn;k x;k

g S A

7000

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

19- mijksDr foospu ds QyLo:i izdj.k esa

fuEu vokMZ ikfjr fd;k tkrk gS %&

vokMZ

vokMZ

vokMZ

vokMZ

vokMZ

“izkFkhZ Jh ?khlwyky dks foi{kh jsyos izcaèku }kjk

fnukad 08-01-88 ls lsoki`Fkd fd;k tkuk vuqfpr

,oa voSèk gSA mDr lsoki`Fkd vkns’k vikLr fd;k

tkrk gSA izkFkhZ Jh ?khlwyky fnukad 08-01-88 ls

iqu% lsok esa vkus dk vfèkdkjh gS rFkk fnukad

08-01-88 ls izkFkhZ dh fu;fer lsok ekuh

tkosxhA pwWafd izkFkhZ ?khlwyky viuh lsokfuo`fr dh

vfèkokf"kZdh vk;q iw.kZ dj pqdk gS] vr% izkFkhZ

lHkh lsokfuo`fRr ykHk&ifjykHk izkIr djus dk

vfèkdkjh gSA fnukad 08-01-88 ls lsokfuo`fRr

fnukad rd lHkh osru ykHk&ifjykHk uks’kuy :i

ls izkFkhZ dks

ns; gksaxs ysfdu lHkh lsokfuo`fRr

ykHk&ifjykHk uxn esa ns; gksaxsA**

20- vokMZ vkt fnukad 07-02-2014 dks [kqys

U;k;ky; esa fy[kk;k tkdj lquk;k x;k tks dsUnz

ljdkj dks izdk’kukFkZ fu;ekuqlkj Hkstk tkosA

gseUr dqekj tSu] U;k;kèkh’k

ubZ fnYyh] 21 vDrwcj] 2014

dk-vk- 2823-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

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

eSlwj 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] cSaxyksj ds iapkV (lanHkZ la[;k 56@2008) dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 14@10@2014 dks izkIr gqvk FkkA

¹la- ,y&12012@129@2008&vkbZvkj (ch&1)º

lqefr ldykuh] vuqHkkx vf/dkjh

New Delhi, the 21st October, 2014

S.O.

2823.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 56/2008) of

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

Bangalore as shown in the Annexure, in the industrial

dispute between the management of State Bank of Mysore

and their workmen, received by the Central Government

on 14/10/2014.

[No. L-12012/129/2008-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIUBNAL-CUM-LABOUR COURT,

YESWANTHPUR, BANGALORE

Dated : 8th October, 2014

PRESENT : Shri S N NAVALGUND, Presiding Officer

C R No. 56/2008

I Party

Sh. R P Nagarajachar,

4th Main, 4th Cross,

Neelakanthagar, HARIHARI – 577601.

Since deceased rep. by LR’s

II Party

The Regional Manager,

State Bank of Mysore,

Regional Office, 6-119,

Mandipet, DAVANGERE–577 001.

Smt. Vishalakshi,

W/o Late R P Nagarajachar,

3rd Main, 5th Cross,

Kalidasanagar,

HARIHAR – 577 601.

Appearances

I Party

: Shri M Rama Rao,

Authorised Representative

II Party

: Shri S K Hegde, Advocate

AWARD

1.

The Central Government vide order No. L-12012/

129/2008-IR(B-I) dated 04.08.2008 in exercise of the power

conferred by clause (d) of sub-section (1) and sub-section

(2A) of Section 10 of the Industrial Disputes Act, 1947 (14

of 1947) made this reference for adjudication with the

following schedule:

SCHEDULE

“Whether the action of the management of State

Bank of Mysore, Davangere in discharging their

workman Sri R P Nagarajachar, from service w.e.f.

8-2-2007, is legal and justified? If not, to what relief

is the workman concerned entitled?”

2.

On receipt of the reference registering it in C R 56/

2008 when the notices were issued to both the sides, they

entered their appearance through their respective

advocates and claim statement of the I Party came to be

filed on 22.09.2010, whereas, the counter statement of the

II Party on 28.04.2011.

3.

The I Party in his claim statement asserted that he

who was appointed as Peon at Harapanahalli Branch of

the II Party on 16.06.2003 was later transferred to Harihar

and then to Davangere branches and that he worked

sincerely and that on account of physical illness, Jaundice

and Fever he applied for grant of leave alongwith medical

certificates from time to time and the II Party without

considering the same issued him charge sheet dated

24.03.2006 alleging unauthorised absence from 19.12.2005

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 25] 2014@dk£rd 3] 1936

7001

to 31.03.2006 for a period of 93 days through incompetent

authority and the enquiry was held without causing him

notice exparte and based on such report he has been

illegally discharged without paying retrenchment

compensation and as the conciliation petition filed by him

before ALC(C), Hubli ended with failure report the

Government of India made this reference for adjudication

and as he is not employed anywhere the order of discharge

be set aside with direction to reinstate him with continuity

of service, full backwages and other consequential

benefits. INTERALIA, the II party in its counter statement

without disputing that he was appointed on 16.06.2003

and was transferred from Harapanahalli to Harihar and

then to Davangere branches contended that while he was

working in the Davangere branch since remained absent

for duty unauthorisedly from 19.12.2005 to 21.03.2006

without taking prior permission and leave at his credit the

Assistant General Manager who happens to be the

Disciplinary Authority issued him charge sheet on

24.03.2006 calling upon him to give explanation and as he

failed to respond an order was made to conduct

departmental enquiry appointing Sh. H H Ramappa as

Enquiry Officer and Sh. P Sundar Raman as Presenting

Officer and as the Enquiry Officer after conducting the

enquiry affording all opportunities submitted his report

as charge being proved the Disciplinary Authority issued

him show cause notice and as he did not give any

explanation and he also did not avail the opportunity

provided for personal hearing he passed the order dated

08.02.2007 discharging him from service. Having regard

to the allegations made in the claim statement that the

enquiry was conducted exparte without causing any

notice, by framing a Preliminary Issue as to

“Whether the Domestic Enquiry held against the I

Party by the II party is fair and proper?”

after receiving the evidence adduced by both the sides

and hearing the arguments addressed by both the sides

while answering the said issue in the negative i.e., the

Domestic Enquiry conducted is not fair and proper mainly

on the ground that there was no material having served

the notice of enquiry on the I Party by order dated

11.12.2012 the II Party was called upon to lead evidence to

substantiate the charge levelled against the I Party. Then

the learned advocate appearing for the II party while filing

the affidavit of Sh. H R Prakash the Manager of the

Davangere Branch of the relevant period of the alleged

unauthorised absence reiterating the contents of the

counter statement while examining him on oath as MW 1

(M) got exhibited copy of the call letter issued to the I

party calling back to duty dated Nil; copy of report given

by the manager to the Regional Manager reporting his

unauthorized absence bearing the acknowledgement of

the I party; letter by AGM to the I party dated 22.3.2006

calling for his explanation for unauthorized absence from

19.12.2005; postal acknowledgement having served the

letter dated 22.03.2006 on I Party; charge sheet issued to

the I party dated 24.03.2006; show cause notice issued to

the I party after receipt of the enquiry finding dated

05.12.2006; the undelivered postal cover containing the

show cause notice returned with shara as not claimed dated

18.12.2006; copy of the final discharge order dated

10.01.2007; undelivered postal cover containing the

discharge order; copy of the discharge notice dated

08.02.2007 by AGM; Vijaya Karnataka daily dated

11.02.2007 publishing the discharge notice as Ex M-1(m)

to Ex M-11(m) respectively and closed his side. Then the

learned advocate appearing for the I Party reporting the

death of I Party workman applying to bring his Wife as

Legal Representative on record as there was no objection

for the same by the II Party bringing her on record as the

LR of the deceased I Party workman filing her affidavit

reiterating the contents of the claim statement examining

her on oath as WW 1 (M) got exhibited Photostat copy of

I Party death certificate; Voter ID of I Party; heirship

certificate issued by Revenue Department and Genealogy

issued by Village Accountant as Ex W-1 to Ex W-4

respectively.

4.

With the above pleadings, evidence brought on

record when the learned advocates appearing for the

parties were called upon to address arguments, the learned

advocate appearing for the I Party urged that the II Party

having failed to produce the attendance register to show

alleged unauthorised absence the very unauthorised

absence being not proved the charge be held as not proved

and as the I Party workman is no more II Party be directed

to pay his wife who has come on record as his legal

representative the amount equivalent to the wages that

he would have drawn from the date of his discharge till the

date of his death. INTERALIA, the learned advocate

appearing for the II party urged that as the absence for the

relevant period incorporated in the charge sheet being

admitted contending that he had forwarded applications

for leave from time to time there is no necessity to produce

the attendance register to show that he had remained

absent for the said period and it was for the I Party to

produce evidence that during this period he was suffering

from Jaundice and fever and had sent leave applications

with medical certificates from time to time but having failed

to substantiate the same by producing any evidence the

charge has to be held as proved and the punishment

imposed discharging him from service be upheld and

reference be rejected.

5.

On appreciation of the pleadings, oral and

documentary evidence brought on record in the light of

the arguments put forward by the learned advocates, I

have arrived at the conclusion that the II Party proved the

deceased I Party workman having unauthorisedly

remaining absent from duty from 19.12.2005 to 21.03.2006

7002

THE GAZETTE OF INDIA : OCTOBER 25, 2014/KARTIKA 3, 1936

[PART II—SEC. 3(ii)]

for a period of 93 days without taking prior permission

and leave at his credit and II Party is justified in imposing

the punishment of discharge from service for the following

REASONS

6.

As rightly urged on behalf of the II Party the I Party

workman who was alive while filing the claim statement

since did not dispute having remained absent for the

relevant period of charge having pleaded that as he was

suffering on account of physical illment, Jaundice and

Fever applied for grant of leave with medical certificates

from time to time and II Party without considering them

issued him the charge sheet for unauthorised absence for

the said period there was no necessity for the II Party to

Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-110064

and Published by the Controller of Publications, Delhi-110054.

demonstrate that he had remained absent for the relevant

period by producing the attendance register and it was for

the I Party workman to prove by producing relevant

material/evidence that during that period he was suffering

from illness like Jaundice and Fever and had sent

applications for leave from time to time but no evidence in

that regard being brought on record terming the absence

in question as unauthorised without leave at his credit

cannot for any reason be held unjustified or illegal or

perverse. The wife of the deceased I Party workman who

gave evidence came out with a version in the cross-

examination that her husband had taken treatment as

inpatient in Chigateri Hospital in Davangere for a period

of three months for Backbone pain but failed to produce

any medical records in that regard. Moreover, the

allegation in the claim statement being that during the

relevant period he was suffering from Jaundice and Fever

her version that he was admitted in the Chigateri Hospital

for Backbone pain suggest that he must not have been

suffering from any illness. Moreover, as already adverted

to by me above no material/evidence being produced

having submitted leave applications with medical

certificates from time to time as alleged in the claim statement

the absence has to be treated as unauthorised without

any leave at his credit. Therefore, I have arrived at

conclusion the II Party having established the charge of

unauthorised absence for 93 days from 19.12.2005 to

21.03.2006 without leave at his credit. Since there is no

evidence the I Party even having sent a letter of request

for grant of leave on account of his illness and even failed

to give his explanation when the Disciplinary Authority

issued him show cause notice and also did not avail the

opportunity of hearing provided to him it suggest that he

had no mind to work and continue in the job as such the

Disciplinary Authority imposing the punishment of

discharge from service cannot be for any reason termed

as disproportionate to the proved misconduct of

unauthorised absence over a period of 93 days. Hence, I

arrived at conclusion that the action of the management

of State Bank of Mysore, Davangere in discharging Sh. R

P Nagarajachar w.e.f. 08.02.2007 is legal and justified. Under

the circumstances, I pass the following

ORDER

The Reference is Rejected holding that the action of

the management of State Bank of Mysore, Davangere in

discharging Sh. R P Nagarajachar w.e.f. 08.02.2007 is legal

and justified and that he/his LR is not entitle for any relief.

S. N. NAVALGUND, Presiding Officer