72 GI/2015

(221)

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

(dkfeZd vkSj izf'k{k.k foHkkx)

ubZ fnYyh] 26 fnlEcj] 2014

dk-vk- 104-—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;ksa dk iz;ksx djrs gq, jkaph fLFkr >kj[kaM mPp

U;k;ky; esa fnYyh fo'ks"k iqfyl LFkkiuk (lhchvkbZ) }kjk tkap

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

vihyksa vkSj iqujh{k.kksa dk lapkyu djus fy, Jh dSyk'k izlkn

nso] vf/oDrk dks fnYyh fo'ks"k iqfyl LFkkiuk (dsUnzh; vUos"k.k

C;wjks) dk fo'ks"k yksd vfHk;kstd fu;qDr djrh gS A

[iQk- la- 225@49@2014&,-oh-Mh-&II]

jktho tSu] voj lfpo

MINISTRY OF PERSONNEL, PUBLIC

GRIEVANCES AND PENSIONS

(Department of Personnel and Training)

New Delhi, the 26th December, 2014

S.O.

104.—In exercise of the powers conferred

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

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

hereby appoints Shri Kailash Prasad Deo, Advocate as

Special Public Prosecutor of the Delhi Special Police

Establishment (Central Bureau of Investigation) in the

Jharkhand High Court at Ranchi for conducting the

prosecution, appeals, revisions or other matters arising

out of the cases investigated by the Delhi Special Police

Establishment (CBI).

[F. No. 225/49/2014.AVD.II]

RAJIV JAIN, Under Secy.

izkf/dkj ls izdkf'kr

PUBLISHED BY AUTHORITY

lkIrkfgd

WEEKLY

la- 03]

ubZ fnYyh] tuojh 11] 2015—tuojh 17] 2015] 'kfuokj@ikS"k 21—ikS"k 27] 1936

No. 03]

NEW DELHI, JANUARY 11, 2015—JANUARY 17, 2015, SATURDAY/PAUSA 21—PAUSA 27, 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—[kaM 3—mi&[akM (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

222

THE GAZETTE OF INDIA : JANUARY 17, 2015/PAUSA 27, 1936

[PART II—SEC. 3(ii)]

ubZ fnYyh] 8 tuojh] 2015

dk-vk- 105-—dsUnzh; 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;ksa dk iz;ksx djrs gq, fnYyh fo'ks"k iqfyl LFkkiuk

(dsUnzh; vUos"k.k C;wjks) }kjk laLFkkfir vkjlh 11(,)@2012@lhchvkbZ]

,lhch psUubZ rFkk blls lEc¼ ,oa mlh laO;ogkj ds vU; ekeyksa

ls mRiUu vihyksa@iqujh{k.kksa esa psUubZ fLFkr ekuuh; mPp U;k;ky;]

enzkl esa mifLFkr gksus ds fy, Jh ijethr flag iVokfy;k] Hkkjr

ds vfrfjDr lkfyflVj tujy dks fo'ks"k yksd vfHk;kstd ds :i

esa fu;qDr djrh gSA

¹iQk- la- 225@28@2014&,-oh-Mh-&IIº

jktho tSu] voj lfpo

New Delhi, the 8th January, 2015

S.O. 105.—In exercise of the powers conferred by

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

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

hereby appoints Shri Paramjit Singh Patwalia, Additional

Solicitor General of India as Special Public Prosecutor for

appearing in CBI Case No. RC 11(A)/2012, CBI, ACB,

Chennai before the Hon'ble High Court of Madras at

Chennai on behalf of (CBI) Delhi Special Police

Establishment and appeals/revisions or other matters

connected therewith and incidental thereto.

[F. No. 225/28/2014.AVD.II]

RAJIV JAIN, Under Secy.

foÙk ea=kky;

(foÙkh; lsok,a foHkkx)

ubZ fnYyh] 31 fnlEcj] 2014

dk-vk- 106-—jk"Vªh;d`r cSad (izca/ ,oa izdh.kZ mica/)

Ldhe] 1970@1980 ds [kaM 3 ds mi&[kaM (1) vkSj [kaM 8 ds

mi&[kaM (1) ds lkFk ifBr cSaddkjh daiuh (miØeksa dk vtZu

,oa varj.k) vf/fu;e] 1970@1980 dh /kjk 9 dh mi&/kjk (3)

ds [kaM (d) }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs gq,] dsUnzh;

ljdkj] ,rn~}kjk] cSad vkWiQ bafM;k ds dk;Zikyd funs'kd

Jh vkj- dksfV'oju (tUe frfFk % 10-06-1956) dks muds }kjk

inHkkj xzg.k djus dh rkjh[k ls vf/of"kZrk dh vk;q izkIr dj ysus

rd vFkok vxys vkns'kksa rd] tks Hkh igys gks] bf.M;u vksojlht

cSad ds izca/ funs'kd ,oa eq[; dk;Zikyd vf/dkjh ds :i esa

fu;qDr djrh gS A

¹iQk- la- 4@4@2013&chvks&I (ii)º

fot; eYgks=kk] voj lfpo

MINISTRY OF FINANCE

(Department of Financial Services)

New Delhi, the 31st December, 2014

S.O. 106.—In exercise of the powers conferred by

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

Companies (Acquisition and Transfer of Undertakings)

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

sub-clause (1) of clause 8 of The Nationalized Banks

(Management and Miscellanceous Provisions) Scheme,

1970/1980, the Central Government, hereby appoints Shri

R. Koteeswaran (DoB : 10.06.1956), Executive Director, Bank

of India as Managing Director & Chief Executive Officer,

Indian Overseas Bank from the date of assumption of

charge of the post up to the age of superannuation or

until further orders, whichever is earlier.

[F. No. 4/4/2013.BO-I (ii)]

VIJAY MALHOTRA, Under Secy.

ubZ fnYyh] 31 fnlEcj] 2014

dk-vk- 107-—jk"Vªh;d`r cSad (izca/ ,oa izdh.kZ micaèk)

Ldhe] 1970@1980 ds [kaM 3 ds mi&[kaM (1) vkSj [kaM 8 ds

mi&[kaM (1) ds lkFk ifBr cSaddkjh daiuh (miØeksa dk vtZu

,oa varj.k) vf/fu;e] 1970@1980 dh /kjk 9 dh mi&/kjk (3)

ds [kaM (d) }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs gq,] dsUnzh;

ljdkj] ,rn~}kjk] iatkc ,aM fla/ cSad ds dk;Zikyd funs'kd

Jh fd'kksj dqekj lkalh (tUe frfFk % 19-08-1957) dks

01-01-2015 dks vFkok mlds ckn muds }kjk inHkkj xzg.k djus dh

rkjh[k ls vf/of"kZrk dh vk;q izkIr dj ysus rd vFkok vxys

vkns'kksa rd] tks Hkh igys gks] fot;k cSad ds izca/ funs'kd ,oa

eq[; dk;Zikyd vf/dkjh ds :i esa fu;qDr djrh gS A

¹iQk- la- 4@4@2013&chvks&I (ii)º

fot; eYgks=kk] voj lfpo

New Delhi, the 31st December, 2014

S.O. 107.—In exercise of the powers conferred by

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

Companies (Acquisition and Transfer of Undertakings)

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

sub-clause (1) of clause 8 of The Nationalized Banks

(Management and Miscellanceous Provisions) Scheme,

1970/1980, the Central Government, hereby appoints

Shri Kishore Kumar Sansi (DoB : 19.08.1957), Executive

Director, Punjab & Sind Bank as Managing Director &

CEO, Vijaya Bank from the date of assumption of charge

of the post on or after 01.01.2015 up to the age of

superannuation or until further orders, whichever is earlier.

[F. No. 4/4/2013-BO-I (ii)]

VIJAY MALHOTRA, Under Secy.

¹Hkkx IIó[akM 3(ii)º

Hkkjr dk jkti=k % tuojh 17] 2015@ikS"k 27] 1936

223

ubZ fnYyh] 31 fnlEcj] 2014

dk-vk- 108-—jk"Vªh;d`r cSad (izca/ ,oa izdh.kZ mica/)

Ldhe] 1970@1980 ds [kaM 3 ds mi&[kaM (1) vkSj [kaM 8 ds

mi&[kaM (1) ds lkFk ifBr cSaddkjh daiuh (miØeksa dk vtZu

,oa varj.k) vf/fu;e] 1970@1980 dh /kjk 9 dh mi&/kjk (3)

ds [kaM (d) }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs gq,] dsUnzh;

ljdkj] ,rn~}kjk] cSad vkWiQ cM+kSnk ds dk;Zikyd funs'kd Jh ih-

Jhfuokl (tUe frfFk % 10-06-1956) dks muds }kjk inHkkj xzg.k

djus dh rkjh[k ls vf/of"kZrk dh vk;q izkIr dj ysus rd vFkok

vxys vkns'kksa rd] tks Hkh igys gks] ;qukbVsM cSad vkWiQ bafM;k ds

izca/ funs'kd ,oa eq[; dk;Zikyd vf/dkjh ds :i esa fu;qDr

djrh gS A

¹iQk- la- 4@4@2013&chvks&I (iii)º

fot; eYgks=kk] voj lfpo

New Delhi, the 31st December, 2014

S.O. 108.—In exercise of the powers conferred by

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

Companies (Acquisition and Transfer of Undertakings)

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

sub-clause (1) of clause 8 of The Nationalized Banks

(Management and Miscellanceous Provisions) Scheme,

1970/1980, the Central Government, hereby appoints

Shri P. Srinivas (DoB : 10.06.1956), Executive Director, Bank

of Baroda as Managing Director and Chief Executive

Officer, United Bank of India from the date of assumption

of charge of the post up to the age of superannuation or

until further orders, whichever is earlier.

[F. No. 4/4/2013-BO-I (iii)]

VIJAY MALHOTRA, Under Secy.

ubZ fnYyh] 31 fnlEcj] 2014

dk-vk- 109-—jk"Vªh;d`r cSad (izca/ ,oa izdh.kZ micaèk)

Ldhe] 1970@1980 ds [kaM 3 ds mi&[kaM (1) vkSj [kaM 8 ds

mi&[kaM (1) ds lkFk ifBr cSaddkjh daiuh (miØeksa dk vtZu

,oa varj.k) vf/fu;e] 1970@1980 dh /kjk 9 dh mi&/kjk (3)

ds [kaM (d) }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs gq,] dsUnzh;

ljdkj] ,rn~}kjk] lsUVªy cSad vkWiQ bafM;k ds dk;Zikyd funs'kd

Jh vfues"k pkSgku (tUe frfFk % 30-06-1957) dks muds }kjk

inHkkj xzg.k djus dh rkjh[k ls vf/of"kZrk dh vk;q izkIr dj ysus

rd vFkok vxys vkns'kksa rd] tks Hkh igys gks] vksfj;aVy cSad

vkWiQ dkelZ ds izca/ funs'kd ,oa eq[; dk;Zikyd vf/dkjh ds

:i esa fu;qDr djrh gS A

¹iQk- la- 4@4@2013&chvks&I(iv)º

fot; eYgks=kk] voj lfpo

New Delhi, the 31st December, 2014

S.O. 109.—In exercise of the powers conferred by

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

Companies (Acquisition and Transfer of Undertakings)

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

sub-clause (1) of clause 8 of The Nationalized Banks

(Management and Miscellanceous Provisions) Scheme,

1970/1980, the Central Government, hereby appoints

Shri Animesh Chauhan (DoB : 30.06.1957), Executive

Director, Central Bank of India as Managing Director and

Chief Executive Officer, Oriental Bank of Commerce from

the date of assumption of charge of the post up to the age

of superannuation or until further orders, whichever is

earlier.

[F. No. 4/4/2013-BO-I (iv)]

VIJAY MALHOTRA, Under Secy.

ubZ fnYyh] 7 tuojh] 2015

dk-vk- 110-—fu{ksi chek vkSj izR;; xkjaVh fuxe

vfèkfu;e] 1961 (1961 dk 47) dh /kjk 6 dh mi&/kjk 2 ds

[kaM (ii) ds lkFk ifBr /kjk 6 dh mi&/kjk (1) ds [kaM (Ä)

}kjk iznÙk 'kfDr;ksa dk iz;ksx djrs gq,] dsUnzh; ljdkj] Hkkjrh;

fj”koZ cSad ds ijke'kZ ls] ,rn~}kjk] Jh ,p- ,u- izlkn dks mudh

vf/lwpuk dh rkjh[k ls rhu o"kZ dh vof/ ds fy, vFkok vxys

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

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

funs'kd ukfer djrh gSA

¹iQk- la- 6@13@2012&chvks&I@,iQVh,l&71393º

fot; eYgks=kk] voj lfpo

New Delhi, the 7th January, 2015

S.O. 110.—In exercise of the powers conferred by

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

224

THE GAZETTE OF INDIA : JANUARY 17, 2015/PAUSA 27, 1936

[PART II—SEC. 3(ii)]

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

and Credit Guarantee Corporation Act, 1961 (47 of 1961),

the Central Government, in consultation with Reserve Bank

of India, hereby nominates Shri H. N. Prasad as Part Time

Non-Official Director on the Board of Directors of Deposit

Insurance and Credit Guarantee Corporation (DICGC), for

a period of three years from the date of his notification, or

until further orders, whichever is earlier.

[F. No. 6/13/2012-BO-I/FTS-71393]

VIJAY MALHOTRA, Under Secy.

fons'k ea=kky;

(lhihoh foHkkx)

ubZ fnYyh] 30 fnlEcj] 2014

dk-vk- 111-—jktuf;d vkSj dkSalqyj vkWfiQlj ('kiFk

vkSj iQhl) ds vf/fu;e] 1948 (1948 dk 41) dh /kjk 2 ds

[kaM (d) ds vuqlj.k esa dsUnz ljdkj ,rn~}kjk Jh ch- ds- flag]

lgk;d] rFkk Jh ,- ,e- izlkn] lgk;d] dks 30 fnlEcj 2014 ls

Hkkjr ds mPpk;ksx] ekys esa dkSalqyj lsokvksa ds fy, lgk;d

dksalqyj vf/dkjh izkf/d`r djrh gSA

¹la- Vh-&4330@1@2014º

izdk'k pUn] mi lfpo (dkSalqyj)

MINISTRY OF EXTERNAL AFFAIRS

(CPV Division)

New Delhi, the 30th December, 2014

S.O. 111.—In pursuance of the clause (a) of the

Section 2 of the Diplomatic and Consular Officers (Oaths

and fees) Act, 1948 (41 of 1948), the Central Government

hereby authorises Shri B.K.Singh, Assistant and Shri A.

M. Prasad, Assistant, in High Commission of India, Male

(Maldives) to perform the Consular services as Assistant

Consular Officer with effect from 30th December, 2014.

[No. T. 4330/01/2014]

PRAKASH CHAND, Dy. Secy. (Consular)

ukxj foekuu ea=kky;

(,,vkbZ vuqHkkx)

ubZ fnYyh] 8 tuojh] 2015

dk-vk- 112-—dsUnz ljdkj Hkkjrh; foekuiÙku izkfèkdj.k

vf/fu;e] 1994 (1994 dk 55) esa iznÙk 'kfDr;ksa dk iz;ksx djrs

gq,] ,rn~}kjk Jh vkj- ds- JhokLro] vkbZ,,l (ts,p % 84) dks

rRdky vkesyu vk/kj ij fnukad 2 tuojh] 2015 dh vijkg~u

ls ` 80]000—125]000 ds osrueku esa ikap o"kZ dh vof/

vFkok mudh vf/of"kZrk] vFkok vxys vkns'kksa rd] tks Hkh igys

gks] Hkkjrh; foekuiÙku izkf/dj.k ds vè;{k ds :i esa fu;qDr

djrh gSA

¹la- ,oh-&24011@1@2014&,,vkbZº

ds- oh- mUuhd`".ku] voj lfpo

MINISTRY OF CIVIL AVIATION

(AAI Section)

New Delhi, the 8th January, 2015

S.O. 112.—In exercise of the powers conferred by

Section 3 of the Airports Authority of India Act, 1994

(No. 55 of 1994), the Central Government hereby appoint

Shri R. K. Srivastava, IAS (JH : 84) as Chairman, Airports

Authority of India on immediate absorption basis, with

effect from afternoon of 2nd January, 2015 in the pay scale

of Rs. 80,000—1,25,000 for a period of five years or till the

date of his superannuation, or until further orders,

whichever is the earliest.

[No. AV. 24011/1/2014-AAI]

K. V. UNNIKRISHNAN, Under Secy.

¹Hkkx IIó[akM 3(ii)º

Hkkjr dk jkti=k % tuojh 17] 2015@ikS"k 27] 1936

225

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

¼miHkksDrk ekeys foHkkx½

Hkkjrh; ekud C;wjks

ubZ fnYyh] 15 fnlEcj] 2014

dk-vk- 113-—Hkkjrh; ekud C;wjks fu;e] 1987 ds fu;e 7 ds mifu;e ¼1½ ds [kaM ¼[k½ ds vuqlj.k esa Hkkjrh; ekud

C;wjks ,rn~}kjk vf/klwfpr djrk gS fd ftu Hkkjrh; ekudksa ds fooj.k uhps vuqlwph esa fn, x, gSa os LFkkfir gks x;s gSaA

vuqlwph

Ø- LFkkfir Hkkjrh; ekud ¼dksa½ dh la[;k

LFkkfir frfFk

Hkkjrh; ekud ¼dksa½ tks fd

jí gksus dh frfFk

la- o"kZ vkSj 'kh"kZd

jí gksus gSa] vxj gS] dh la[;k

o"kZ vkSj 'kh"kZd

¼1½

¼2½

¼3½

¼4½

¼5½

1-

vkbZ ,l@vkbZ ,l vks 834&1 % 1999

15 fnlacj] 2014 vkbZ ,l 3809 % 1979

15 fnlacj] 2014

vfXu&çfrjksf/krk ijh{k.k&Hkou fuekZ.k

ds ?kVd Hkkx 1 lkekU; vis{kk,a

2-

vkbZ ,l@vkbZ ,l vks 834&4 % 2000

15 fnlacj] 2014 vkbZ ,l 3809 % 1979

15 fnlacj] 2014

vfXu&çfrjksf/krk ijh{k.k&Hkou fuekZ.k

¼igyk iqujh{k.k½

ds ?kVd Hkkx 4 Hkkj oguh; mèokZ/j

i`FkDdkjh ?kVdksa dh fof’kf"V vis{kk,a

3-

vkbZ ,l@vkbZ ,l vks 834&5 % 2000

15 fnlacj] 2014 vkbZ ,l 3809 % 1979

15 fnlacj] 2014

vfXu&çfrjksf/krk ijh{k.k&Hkou fuekZ.k

¼igyk iqujh{k.k½

ds ?kVd Hkkx 5 Hkkj oguh; {kSfrt

i`FkDdkjh ?kVdksa dh fof’kf"V vis{kk,a

4-

vkbZ ,l 1757 ¼Hkkx 1½ % 2014@vkbZ ,l vks

15 fnlacj] 2014 vkbZ ,l 1757 % 1988

15 fnlacj] 2014

148&1 % 2009 /kkfRod lkexzh&pkihZ isUMwye

¼nwljk iqujh{k.k½

l?kVV~ Hkkx 1 ijh{k.k i)fr ¼rhljk iqujh{k.k½

5-

vkbZ ,l 4651 ¼Hkkx 4½ % 2014 canjxkg vkSj

15 fnlacj] 2014 vkbZ ,l 4651 ¼Hkkx 4½ % 1989

15 fnlacj] 2014

iru dh ;kstuk vkSj :i&jhfr lafgrk Hkkx 4

¼nwljk iqujh{k.k½

lkekU; :i js[kk ds fy, fopkj ¼rhljk iqujh{k.k½

6-

vkbZ ,l 4721 % 2014 lrgh@tehu ds uhps ds

15 fnlacj] 2014 vkbZ ,l 4721 % 2000

15 fnlacj] 2014

gkbMªksbySfDVªd ikoj LVs’kuksa dh ty fudklh

¼igyk iqujh{k.k½

vkSj futZyhdj.k gsrq jhfr lafgrk ¼nwljk iqujh{k.k½

7-

vkbZ ,l 5334 % 2014 osYM ds pqEcdh; d.k }kjk

15 fnlacj] 2014 vkbZ ,l 5334 % 2003

15 fnlacj] 2014

nks"k fudkyus gsrq&jhfr lafgrk ¼rhljk iqujh{k.k½

¼nwljk iqujh{k.k½

8-

vkbZ ,l 5522 % 2014 crZuksa ds fy, LVsuysl

15 fnlacj] 2014 vkbZ ,l 5522 : 1992

15 fnlacj] 2014

bLikr pnjs vkSj ifÙk;ka&fof’kf"V

¼nwljk iqujh{k.k½

¼rhljk iqujh{k.k½

9-

vkbZ ,l 6934 % 2014 mPp v‚xh vf/kçokg

15 fnlacj] 2014 vkbZ ,l 6934 : 1998

15 fnlacj] 2014

vkSj v‚fjfQl mRIykoksa dh gkbMªksfyd fMtkbu

¼igyk iqujh{k.k½

ds fy, flQkfj’ksa ¼nwljk iqujh{k.k½

226

THE GAZETTE OF INDIA : JANUARY 17, 2015/PAUSA 27, 1936

[PART II—SEC. 3(ii)]

10- vkbZ ,l 10052 ¼Hkkx 1@vuqHkkx 1 ½ % 2014

15 fnlacj] 2014 vkbZ ,l 10052

15 fnlacj] 2014

lhvkbZ,lihvkj 16-1-2010 jsfM;ks O;o/kku ,oa

¼Hkkx 1@[kaM 1½ % 1999

çfrj{kk ekiu midj.k ,oa i)fr;ka&fof’kf"V

¼igyk iqujh{k.k½

Hkkx 1 jsfM;ks O;o/kku ,oa çfrj{kk ekiu midj.k

vuqHkkx 2 ekiu midj.k ¼nwljk iqujh{k.k½

11- vkbZ ,l 10635 % 2014 cka/kksa esa ÝhcksMZ vis{kk,¡&

15 fnlacj] 2014 vkbZ ,l 10635 % 1993

15 fnlacj] 2014

ekxZn’khZ fl)kar ¼nwljk iqujh{k.k½

¼igyk iqujh{k.k½

12- vkbZ ,l 12588 % 2014 Lopy okgu&rsy vkSj

15 fnlacj] 2014 vkbZ ,l 12588 % 1988

15 fnlacj] 2014

ok;q dh lgk;rk okys nkc xst&fof’kf"V

¼igyk iqujh{k.k½

13- vkbZ ,l 12884 % 2014 Lopy okgu&czsd ç.kkyh] 15 fnlacj] 2014 vkbZ ,l 12884 % 1990

15 fnlacj] 2014

Oghy flysaMjksa ds fy, jcM+ ds cwV&dk;Zdkfjrk

vis{kk,a ¼igyk iqujh{k.k½

14- vkbZ ,l@vkbZ ,l vks@Vh ,l 13278 % 2011 uSuksa 15 fnlacj] 2014

NA

NA

ç|ksfxdh&çsjf.kd ;qfXer IykTek ekl LisDVªksehVªh

ds ç;ksx ls dkcZu uSuksV;wcksa ds uewuksa esa rkfRod

v’kqf) Kkr djuk

15- vkbZ ,l 16275 % 2014@vkbZ ,l vks@

15 fnlacj] 2014

NA

NA

Vh vkj 24578 % 2012 gkbMªksehVjh&/ofud MkIyj

çksQkbyj&[kqys pkSuy esa çokg eki dh fof/k

vkSj vuqç;ksx

16- vkbZ ,l 16278 ¼Hkkx 1½ % 2014@

15 fnlacj] 2014

NA

NA

vkbZ ,l vks 15011&1 % 2009 osfYMax ,oa lEc)

çfØ;kvksa esa LokLF; rFkk lqj{kk&Q;we ,oa xSlksa

dh lSEifyax ds fy, ç;ksx’kkyk i)fr Hkkx 1

vdZ osfYMax rFkk fo’ys"k.k ds fy, Q;we ds

,ddhdj.k ds nkSjku Q;we mRltZu nj

Kkr djuk

17- vkbZ ,l 16282 % 2014@vkbZ bZ lh 61930 % 1998 15 fnlacj] 2014

NA

NA

Qkbcj v‚fIVd fp=e; çrhdfo/k;k

18- vkbZ ,l 16283 % 2014@vkbZ bZ lh 61931 % 1998 15 fnlacj] 2014

NA

NA

Qkbcj v‚fIVd&'kCnkoyh

19- vkbZ ,l 16285 % 2014@vkbZ bZ lh 61745 % 1998 15 fnlacj] 2014

NA

NA

çdkf’kd rarq T;kfefr ijh{k.k lsV ds va’kkdu ds

fy;s ,aM&Qsl Nfo fo’ys"k.k çfØ;k

20- vkbZ ,l@vkbZ bZ lh 61400&24 % 2010 ok;q

15 fnlacj] 2014

NA

NA

Vjckbu Hkkx 24 rfM+r ls lqj{kk

bl Hkkjrh; ekud dh çfr;ka Hkkjrh; ekud C;wjks] ekud Hkou] 9] cgknqj’kkg tQj ekxZ] ubZ fnYyh 110 002 {ks=h;

dk;kZy;ksa % ubZ fnYyh] dksydrk] paMhx<+] psUubZ] eqEcbZ] rFkk 'kk[kk dk;kZy;ksa % vgenkckn] caxykSj] Hkksiky] Hkqous’oj] dks;Ecrwj]

¼1½

¼2½

¼3½

¼4½

¼5½

¹Hkkx IIó[akM 3(ii)º

Hkkjr dk jkti=k % tuojh 17] 2015@ikS"k 27] 1936

227

xqokgkVh] gSnjkckn] t;iqj] ukxiqj] iVuk] iw.ks rFkk dksfp esa fcØh gsrq miyC/k gSaA Hkkjrh; ekudksa dks http://www.standardsbis.in

}kjk baVjuSV ij [kjhnk tk ldrk gSA

[lanHkZ ih;wch@th,u 1 % 3]

dyk ,e- okfj;j] funs'kd ¼fons'kh Hkk"kk ,oa izdk'ku½

MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION

(Department of Consumer Affairs)

(BUREAU OF INDIAN STANDARDS)

New Delhi, the 15th December, 2014

S.O. 113.—In pursuance of Clause (b) of sub-rule (1) of Rules 7 of the Bureau of Indian Standards Rules, 1987,

the Bureau of Indian Standards hereby notifies that the Indian Standards, particulars of which are given in the second

column of Schedule hereto annexed has been established on the date indicated against it in third column. The particulars

of the standards, if any, which are given in the fourth column shall also remain in force concurrently till they are cancelled

on the date indicated against them in the fifth column.

SCHEDULE

Sl.

No. & Year of the Indian Standards

Date of

No. & Year of the Indian

Date of

No.

Established

Establishment

Standard to be cancelled,

cancellation

if any

(1)

(2)

(3)

(4)

(5)

1

IS /ISO 834.1 : 1999 Fire-Resistance

15 December, 2014

IS 3809 : 1979

15 December, 2014

Tests-Elements of Building Construction

Part 1 General Requirements

2

IS/ISO 834.4 : 2000 Fire-Resistance

15 December, 2014

IS 3809 : 1979

15 December, 2014

Tests-Elements of Building Construction

(First Revision)

Part 4 Specific Requirements for Load

Bearing Vertical Separating Elements

3

IS/ISO 834.5 : 2000 Fire-Resistance

15 December, 2014

IS 3809 : 1979

15 December, 2014

Tests-Elements of Building Construction

(First Revision)

Part 5 Specific Requirements for Load

Bearing Horizontal Separating Elements

4

IS 1757 (Part 1) : 2014/ISO 148.1 : 2009

15 December, 2014

IS 1757 : 1988

15 December, 2014

Metallic Materials . Charpy Pendulum

(Second Revision)

Impact Test Part 1 Test Method

(Third Revision)

5

IS 4651 (Part 4) : 2014 Planning and

15 December, 2014

IS 4651 (Part 4) : 1989

15 December, 2014

Design of Ports and Harbours-Code of

(Second Revision)

Practice Part 4 General Design

Considerations (Third Revision)

6

IS 4721 : 2014 Code of Practice for

15 December, 2014

IS 4721 : 2000

15 December, 2014

Drainage and Dewatering of Surface/

(First Revision)

Underground Hydroelectric Power

Stations (Second Revision)

7

IS 5334 : 2014 Magnetic Particle Flaw

15 December, 2014

IS 5334 : 2003

15 December, 2014

Detection of Welds-Code of Practice

(Second Revison)

(Third Revision)

228

THE GAZETTE OF INDIA : JANUARY 17, 2015/PAUSA 27, 1936

[PART II—SEC. 3(ii)]

8

IS 5522 : 2014 Stainless Steel Sheets and 15 December, 2014

IS 5522 : 1992

15 December, 2014

Strips for Utensils-Specification

(Second Revision)

(Third Revision

9

IS 6934 : 2014 Hydraulic Design of High

15 December, 2014

IS 6934 : 1998

15 December, 2014

Ogee Overflow and Orifice Spillways-

(First Revision)

Recommendations (Second Revision)

10

IS 10052 (Part1/Sec 1) : 2014/CISPR

15 December, 2014

IS 10052 (Part 1/Sec 1) : 1999

15 December, 2014

16.1.1 : 2010 Radio Disturbance and

(First Revision)

Immunity Measuring Apparatus and

Methods.Specification Part 1 Radio

Disturbance and Immunity Measuring

Apparatus Section 1 Measuring

Apparatus (Second Revision)

11

IS 10635 : 2014 Freeboard Requirement

15 December, 2014

IS 10635 : 1993

15 December, 2014

in Dams - Guidelines (Second Revision)

(First Revision)

12

IS 12588 : 2014 Automotive Vehicles-Oil

15 December, 2014

IS 12588 : 1988

15 December, 2014

and Air Assisted Pressure Gauges-

Specification (First Revision)

13

IS 12884 : 2014 Automotive Vehicles-

15 December, 2014

IS 12884 : 1990

15 December, 2014

Braking Systems, Rubber Boots for

Brake Wheel Cylinders-Performance

Requirements (First Revision)

14

IS/ISO/TS 13278 : 2011

15 December, 2014

NA

NA

Nanotechnologies-Determination of

Elemental Impurities in Samples of

Carbon Nanotubes Using Inductively

Coupled Plasma Mass Spectrometry

15

IS 16275 : 2014/ISO/TR 24578 : 2012

15 December, 2014

NA

NA

Hydrometry.Acoustic Doppler Profiler-

Method and Application for

Measurement of Flow in Open Channels

16

IS 16278 (Part.1) : 2014/

15 December, 2014

NA

NA

ISO 15011.1 : 2009 Health and Safety in

Welding and Allied Processes.

Laboratory Method for Sampling Fumes

and Gases Part 1 Determination of Fume

Emission Rate During Arc Welding and

Collection of Fumes for Analysis

17

IS 16282 : 2014/IEC 61930 : 1998 Fibre

15 December, 2014

NA

NA

Optic Graphical Symbology

18

IS16283 : 2014/IEC 61931 : 1998 Fibre

15 December, 2014

NA

NA

Optic.Terminology

19

IS 16285 : 2014/IEC 61745 : 1998 End.

15 December, 2014

NA

NA

Face Image Analysis Procedure for the

Calibration of Optical Fibre Geometry

Test Sets

20

IS/IEC 61400-24 : 2010 Wind Turbines

15 December, 2014

NA

NA

Part 24 Lightning Protection

(1)

(2)

(3)

(4)

(5)

¹Hkkx IIó[akM 3(ii)º

Hkkjr dk jkti=k % tuojh 17] 2015@ikS"k 27] 1936

229

Copies of these standards are available for sale with the Bureau of Indian Standards, Manak Bhavan, 9 Bahadur

Shah Zafar Marg, New Delhi –110002 and Regional Offices : Kolkata, Chandigarh, Chennai, Mumbai and also Branch

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

Kochi.

Date : 15.12.2014

[Ref : PUB/GN.1:3]

KALA M. VARIAR, Director (Foreign Languages & Publication)

ubZ fnYyh] 30 fnlacj] 2014

dk-vk- 114-—Hkkjrh; ekud C;wjks fu;e 1987 ds fu;e 7 ds mi&fu;e ¼1½ ds [kaM ¼[k½ ds vuqlj.k esa Hkkjrh; ekud

C;wjks ,rn~}kjk vf/klwfpr djrk gS fd uhps vuqlwph esa fn;s x;s ekud ¼dksa½ esa la’kks/ku fd;k x;k@fd;s x;s gSaA

vuqlwph

Øe

la’kksf/kr Hkkjrh; ekud ¼dksa½ dh la[;k]

la’kks/ku dh la[;k

dk¡ye ¼3½ ds la’kks/ku dh

dk¡ye ¼3½ esa n’kkZ;s x,

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

vkSj frfFk

çfrLFkkiu frfFk

vuqlkj og ftl frfFk

rd ekud fcuk la’kks/ku

ds Fkk ykxw jgsxh

1-

vkbZ ,l 1759 % 1986 ¼nwljk iqujh{k.k½

la’kks/ku la[;k 2

30 fnlacj] 2014

30 twu] 2015

vDVwcj 2014

2-

vkbZ ,l 3196 ¼Hkkx 2½ ¼ikapok iqujh{k.k½

la’kks/ku la[;k 2

30 fnlacj] 2014

30 twu] 2015

uoacj 2014

3-

vkbZ ,l 12615 % 2011 ¼nwljk iqujh{k.k½

la’kks/ku la[;k 1

30 fnlacj] 2014

30 twu] 2015

uoacj 2014

4-

vkbZ ,l 14106 % 1996

la’kks/ku la[;k 6

30 fnlacj] 2014

30 twu] 2015

uoacj 2014

5-

vkbZ ,l 16098 ¼Hkkx 2½ % 2013

la’kks/ku la[;k 1

30 fnlacj] 2014

30 ekpZ] 2015

uoacj 2014

bl Hkkjrh; ekud dh çfr;‚a Hkkjrh; ekud C;wjksa] ekud Hkou] 9] cgknqj’kkg tQj ekxZ] ubZ fnYyh 110002 {ks=h;

dk;kZy;ksa % ubZ fnYyh] dksydrk] p.Mhx<+] psUubZ] eqEcbZ] rFkk 'kk[kk dk;kZy;ksa % vgenkckn] caxykSj] Hkksiky] Hkqous’oj] dks;Ecrwj]

xqokgkVh] gSnjkckn] t;iqj] ukxiqj] iVuk] iw.ks rFkk dksfp esa fcØh gsrq miyC/k gSaA Hkkjrh; ekudksa dks http://www.standardsbis.in

}kjk baVjuSV ij [kjhnk tk ldrk gSA

[lanHkZ ih;wch@th,u 2 % 2]

dyk ,e- okfj;j] funs'kd ¼fons'kh Hkk"kk ,oa izdk'ku½

New Delhi, the 30th December, 2014

S.O. 114.—In pursuance of clause (b) of sub-rule (1) of Rule 7 of the Bureau of Indian Standards Rules, 1987, the

Bureau of Indian Standards hereby notifies ê that amendments to the Indian Standards, particulars of which are given in

the Schedule hereto annexed have been issued :

SCHEDULE

Sl.

No. and year of the Indian Standards

No. and year of

Date of Establishment Date till which the Standard

No.

the amendment

of the Amendment

without amendment as

at column (3)

mentioned at Column (3)

shall remain in force

(1)

(2)

(3)

(4)

(5)

1

IS 1759 : 1986 Specification for Powrahs Amendment No. 2

30 December, 2014

30 June, 2015

(Second Revision)

October 2014

230

THE GAZETTE OF INDIA : JANUARY 17, 2015/PAUSA 27, 1936

[PART II—SEC. 3(ii)]

(1)

(2)

(3)

(4)

(5)

2

IS 3196 (Part 2) : 2006 Welded Low

Amendment No. 1

30 December, 2014

30 June, 2015

Carbon Steel Cylinders Exceeding

November 2014

5 Litre Water Capacity for Low Pressure

Liquefiable Gases Part 2 Cylinders for

Liquifiable Non-Toxic Gases Other than

LPG.Specification (Fifth Revision)

3

IS 12615 : 2011 Energy Efficient

Amendment No. 1

30 December, 2014

30 June, 2015

Induction Motors-Three Phase

November 2014

Squirrel Cage (Second Revision)

4

IS 14106 : 1996 Direct Action

Amendment No. 6

30 December, 2014

30 June, 2015

Handpumps-Specification

November 2014

5

IS 16098 (Part 2) : 2013 Structured.

Amendment No. 1

30 December, 2014

30 March, 2015

Wall Plastics Piping Systems for Non.

November 2014

Pressure Drainage and Sewerage.

Specification Part 2 Pipes and Fittings

with Non-Smooth External Surface,

Type B

Copy of these Standards are available for sale with the Bureau of Indian Standards, Manak Bhavan, 9 Bahadur

Shah Zafar Marg, New Delhi.110 002 and Regional Offices:New Delhi, Kolcatta Chandigarh, Chennai, Mumbai and also

Branch Offices: Ahmedabad, Bangalore, Bhopal, Bhubaneshwar, Coimbatore, Guwahati, Hyderabad, Jaipur, Nagpur, Patna,

Pune, Kochi.On line purchase of Indian standard can be made at :http://www.standardsbis.in.

[Ref : PUB/GN 2:2]

KALA M. VARIAR, Director (Foreign Languages & Publication)

¼[kk| vkSj lkoZtfud forj.k foHkkx½

ubZ fnYyh] 6 tuojh] 2015

dk-vk- 115-—dsUnzh; ljdkj jktHkk"kk ¼la?k ds 'kkldh; iz;kstuksa ds fy, iz;ksx½ fu;e] 1976 ds fu;e 10 ds mi&fu;e

¼4½ ds vuqlj.k esa miHkksDrk ekeys] [kk| vkSj lkoZtfud forj.k ea=ky; ¼[kk| vkSj lkoZtfud forj.k foHkkx½ ds iz'kklfud

fu;a=k.kkèkhu lSaVªy jsylkbM osvjgkÅl daiuh fyfeVsM ds fuEufyf[kr dk;kZy;] ftlds 80 izfr'kr ls vf/kd deZpkjho`Un us fgUnh

dk dk;Zlkèkd Kku izkIr dj fy;k gS] dks jkti= esa vf/klwfpr djrh gS %&

lSaVªy jsylkbM osvjgkÅl daiuh fyfeVsM]

¼Hkkjr ljdkj dk m|e&feuh jRu½

Hkwry] izxfr eSnku esVªks LVs'ku fcfYMax]

ubZ fnYyh&110001

[la- bZ&11011@1@2008&fgUnh]

iz'kkar f=osnh] la;qDr lfpo

(Department of Food and Public Distribution)

New Delhi, the 6th January, 2015

S.O. 115.—In pursuance of Sub.rule (4) of rule 10 of the Official Language (Use for Official Purpose of the Union)

Rules, 1976 the Central government hereby notifies the following office of Central Railside Warehouse Company Limited

¹Hkkx IIó[akM 3(ii)º

Hkkjr dk jkti=k % tuojh 17] 2015@ikS"k 27] 1936

231

under the administrative control of the Ministry of Consumer Affairs, Food & Public Distribution (Deptt. of Food & Public

Distribution), where of more than 80% of staff have acquired the working knowledge of Hindi.

Central Railside Warehouse Company Limited,

(A Government of India Enterprise.Mini Ratna),

Ground Floor, Pragati Maidan Metro Station Building,

New Delhi.110001.

[No. E.11011/1/2008-Hindi]

PRASHANT TRIVEDI, Jt. Secy.

ubZ fnYyh] 12 tuojh] 2015

dk-vk- 116-—Hkkjrh; ekud C;wjks fu;e 1987 ds fu;e 7 ds mifu;e ¼1½ ds [kaM ¼[k½ ds vuqlj.k esa Hkkjrh; ekud

C;wjks ,rn~}kjk vf/klwfpr djrk gS fd uhps vuqlwph esa fn;s x;s ekud ¼dks½ esa la’kks/ku fd;k x;k@fd;s x;s gSaA

vuqlwph

Øe

la’kksf/kr Hkkjrh; ekud ¼dksa½ dh la[;k]

la’kks/ku dh la[;k

dkWye ¼3½ ds la’kks/ku

dkWye ¼3½ esa n’kkZ;s x,

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

vkSj frfFk

dh çfrLFkkiu frfFk

vuqlkj og ftl frfFk

rd ekud fcuk la’kks/ku

ds Fkk ykxw jgsxh

1

2

3

4

5

1-

vkbZ ,l 294 % 1979 ¼nwljk iqujh{k.k½

la’kks/ku la[;k 2

12 tuojh] 2015

12 tuojh] 2015

Qjojh 2014

2-

vkbZ ,l 853 % 1964 ¼Revised½

la’kks/ku la[;k 1

12 tuojh] 2015

12 tuojh] 2015

fnlacj 2013

3-

vkbZ ,l 1114 % 1964 ¼Revised½

la’kks/ku la[;k 2

12 tuojh] 2015

12 tuojh] 2015

Qjojh 2014

4-

vkbZ ,l 2760 % 1980 ¼igyk iqujh{k.k½

la’kks/ku la[;k 3

12 tuojh] 2015

12 tuojh] 2015

uoacj 2014

5-

vkbZ ,l 3029 % 1964

la’kks/ku la[;k 2

12 tuojh] 2015

12 tuojh] 2015

fnlacj 2013

6-

vkbZ ,l 3177 % 1999 ¼nwljk iqujh{k.k½

la’kks/ku la[;k 3

12 tuojh] 2015

12 tuojh] 2015

uoacj 2014

7-

vkbZ ,l 4326 % 2013 ¼rhljk iqujh{k.k½

la’kks/ku la[;k 1

12 tuojh] 2015

12 tuojh] 2015

uoacj 2014

8-

vkbZ ,l 4401 % 2006 ¼pkSFkk iqujh{k.k½

la’kks/ku la[;k 1

12 tuojh] 2015

12 tuojh] 2015

uoacj 2014

9-

vkbZ ,l 5182 ¼Hkkx 2½ % 2001

la’kks/ku la[;k 1

12 tuojh] 2015

12 tuojh] 2015

¼igyk iqujh{k.k½

uoacj 2014

10-

vkbZ ,l 7202 % 1974

la’kks/ku la[;k 1

12 tuojh] 2015

12 tuojh] 2015

uoacj 2014

11-

vkbZ ,l 12171 % 2013

la’kks/ku la[;k 1

12 tuojh] 2015

12 tuojh] 2015

¼nwljk iqujh{k.k½

vDVwcj 2014

232

THE GAZETTE OF INDIA : JANUARY 17, 2015/PAUSA 27, 1936

[PART II—SEC. 3(ii)]

12-

vkbZ ,l 12866 % 1989

la’kks/ku la[;k 2

12 tuojh] 2015

12 tuojh] 2015

flrEcj 2014

13-

vkbZ ,l 14287 % 1995

la’kks/ku la[;k 2

12 tuojh] 2015

12 tuojh] 2015

uoacj 2014

14-

vkbZ ,l 14766 % 2000

la’kks/ku la[;k 1

12 tuojh] 2015

12 tuojh] 2015

vçSy 2014

15-

vkbZ ,l 15524 % 2004

la’kks/ku la[;k 1

12 tuojh] 2015

12 tuojh] 2015

uoacj 2014

16-

vkbZ ,l 15851 % 2009

la’kks/ku la[;k 2

12 tuojh] 2015

12 tuojh] 2015

vDVwcj 2014

17-

vkbZ ,l 15852 % 2009

la’kks/ku la[;k 2

12 tuojh] 2015

12 tuojh] 2015

vDVwcj 2014

18-

vkbZ ,l 15853 % 2009

la’kks/ku la[;k 2

12 tuojh] 2015

12 tuojh] 2015

vDVwcj 2014

bl Hkkjrh; ekud dh çfr;‚a Hkkjrh; ekud C;wjks] ekud Hkou] 9] cgknqj’kkg tQj ekxZ] ubZ fnYyh 110002 {ks=h;

dk;kZy;ksa % ubZ fnYyh] dksydrk] p.Mhx<+] psUubZ] eqEcbZ] rFkk 'kk[kk dk;kZy;ksa % vgenkckn] caxykSj] Hkksiky] Hkqous’oj] dks;Ecrwj]

xqokgkVh] gSnjkckn] t;iqj] iVuk] iw.ks rFkk dksfp esa fcØh gsrq miyC/k gSaA Hkkjrh; ekudksa dks http://www.standardsbis.in }kjk

baVjuSV ij [kjhnk tk ldrk gSA

fnukad % 12 tuojh] 2015

[lanHkZ ih;wch@th,u 1 % 4]

dyk ,e- okfj;j] funs'kd ¼fons'kh Hkk"kk ,oa izdk'ku½

New Delhi, the 12th January, 2015

S.O. 116.—In pursuance of clause (b) of sub.rule (1) of Rule 7 of the Bureau of Indian Standards Rules, 1987, the

Bureau of Indian Standards hereby notifies ê that amendments to the Indian Standards, particulars of which are given in

the Schedule hereto annexed have been issued :

SCHEDULE

Sl.

No. and year of the Indian Standards

No. and year of

Date of Establishment Date till which the Stamdard

No.

the amendment

of the Amendment

without amendment as

at column (3)

mentioned at Column (3)

shall remain in force

(1)

(2)

(3)

(4)

(5)

1

IS 294 : 1979 Specification for

Amendment No. 2

12 January, 2015

12 January, 2015

Superphosphate (Second Revision)

February 2014

2

IS 853 : 1964 Specification for Bone.

Amendment No. 1

12 January, 2015

12 January, 2015

Meal, Raw (Revised)

December 2013

3

IS 1114 : 1964 Specification for

Ammonium Chloride, Fertilizer Grade

Amendment No. 2

12 January, 2015

12 January, 2015

(Revised)

February 2014

1

2

3

4

5

¹Hkkx IIó[akM 3(ii)º

Hkkjr dk jkti=k % tuojh 17] 2015@ikS"k 27] 1936

233

4

IS 2760 : 1980 Specification for

Amendment No. 3

12 January, 2015

12 January, 2015

Steel Chain Slings (First Revision)

November 2014

5

IS 3029 : 1964 Specification for

Amendment No. 2

12 January, 2015

12 January, 2015

Castorseed Cake for Fertilizer Purposes

December 2013

6

IS 3177 : 1999 Code of Practice for

Amendment No. 3

Electric Overhead Travelling Cranes

November 2014

12 January, 2015

12 January, 2015

and Gantry Cranes Other Than Steel

Work Cranes (Second Revision)

7

IS 4326 : 2013 Earthquake Resistant

Amendment No. 1

12 January, 2015

12 January, 2015

Design and Construction of Buildings.

November 2014

Code of Practice (Third Revision)

8

IS 4401 : 2006 Textiles.Twisted

Amendment No. 1

12 January, 2015

12 January, 2015

Nylon Fish.Net Twines . Specification

November 2014

(Fourth Revision)

9

IS 5182 (Part 2) : 2001 Methods for

Amendment No. 1

12 January, 2015

12 January, 2015

Measurement of Air Pollution Part 2

November 2014

Sulphur Dioxide (First Revision)

10

IS 7202 : 1974 Specification for

Amendment No. 1

12 January, 2015

12 January, 2015

Inspection Gauges for Checking Threads

November 2014

of Gas Cylinder Valves for Use with

Breathing Apparatus

11

IS 12171 : 2013 Cotton Bales.

Amendment No. 1

12 January, 2015

12 January, 2015

Specification (Second Revision)

October 2014

12

IS 12866 : 1989 Plastic Translucent

Amendment No. 2

12 January, 2015

12 January, 2015

Sheets Made From Thermo.Setting

September 2014

Polyster Resin (Glassfibre Reinforced).

Specification

13

IS 14287 : 1995Textiles . Polypropylene

Amendment No. 2

12 January, 2015

12 January, 2015

Multifilament Netting Twines.

November 2014

Specification

14

IS 14766 : 2000 Aggregate Size

Amendment No. 1

12 January, 2015

12 January, 2015

Distribution and Water Stability of Soil

April 2014

Aggregates.Method of Determination

15

IS 15524 : 2004 Automotive Vehicles.

Amendment No. 1

12 January, 2015

12 January, 2015

Retreading of Tyres by the Pre.Cured

November 2014

Process.Specification

16

IS 15851 : 2009 Textiles.Polyester

Amendment No. 2

12 January, 2015

12 January, 2015

Cotton Blended Woven Saris for

October 2014

Uniforms

17

IS 15852 : 2009 Textiles.Polyester

Amendment No. 2

12 January, 2015

12 January, 2015

Blended Woven Shirting for Uniforms

October 2014

18

IS 15853 : 2009 Textiles . Polyester

Amendments No. 2

12 January, 2015

12 January, 2015

Blended Woven Suiting for Uniforms

October 2014

Copy of these Standards are available for sale with the Bureau of Indian Standards, Manak Bhavan, 9 Bahadur Shah Zafar

Marg, New Delhi.110 002 and Regional Offices:New Delhi, Kolcatta Chandigarh, Chennai, Mumbai and also Branch

(1)

(2)

(3)

(4)

(5)

234

THE GAZETTE OF INDIA : JANUARY 17, 2015/PAUSA 27, 1936

[PART II—SEC. 3(ii)]

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

Kochi.On line purchase of Indian standard can be made at :http://www.standardsbis.in.

Date : 12 January, 2015

[Ref. : PUB/GN.1:4]

KALA M. VARIAR, Director (Foreign Languages & Publication)

ubZ fnYyh] 12 tuojh] 2015

dk-vk- 117-—Hkkjrh; ekud C;wjks (izek.ku) fofu;e 1988 ds fu;e 4 ds mifu;e (5) ds vuqlj.k esa Hkkjrh; ekud C;wjks

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

vuqlwph

Øa-

ykblsal

Lohd`r djus

ykblsal/kjh dk uke o irk

Hkkjrh; ekud dk 'kh"kZ

Hkk ek

Hkkx

vuq-

o"kZ

la-

la[;k

dh frfFk o"kZ@

la[;k

ekg

1

2

3

4

5

6

7

8

9

1-

2894784

01-07-2014

eSd VSd e'khujh

lceflZcy iEilSV

8034

&

&

2002

IykV ua- 371] jksM+ ua- 8] th vkbZ Mh lh]

dkBokM+k] vgenkckn&382430

2-

2897891

01-07-2014

Jh fuyksldj iEil

vksiuoSy lceflZcy

14200

&

&

1994

263 rFkk 264] 'kqHk baMfLVª;y ,LVsV]

iEilSV

lh ,y fo|ky; ds ikl]

dkBokMk flaxjok jksM]

vgenkckn&382430

3-

2893984

02-07-2014

tsulu dscyl bafM;k izk- fyfeVsM

oSyfMax dscy

9857

&

&

1990

losZ ua. 16] IykV ua- 16, ,aM ch

vgenkckn esglkuk gkbos] xkWo pksaNkjMk]

rk dMh fMfLVªDV esglkuk

4-

2894178

02-07-2014

iou iEi

lceflZcy iEilSV

8034

&

&

2002

275@,] iQSl&1] th vkbZ Mh lh] ujksMk]

vgenkckn&382430

5-

2894885

03-07-2014

dSIVu baMLVªht

eksVlZ iQkj lceflZcy

9283

&

&

2013

xBkeu ikfV;k ds ikl vgenkckn gkbos]

iEilSV

ikyuiqj] culdkaBk&385001

6-

2894986

03-07-2014

lkxj ,aVjizkbZl

lceflZcy iEilSV

8034

&

&

2002

25] iapjRuk ,LVsV]

iQkstZ rFkk cyks;j ds ihNs]

ujksMk jksM+] vgenkckn&380025

7-

2894077

04-07-2014

,lkj LVhy bafM;k fyfeVsM

Lik;jy oSyfMM ikbZil

5504

&

&

1997

27 ds ,e] lwjr gftjk jksM+]

lwjr&394270

8-

2896081

07-07-2014

,l ,p ds ikfyelZ baMLVªht

gkbZ MSaflVh ikyhFkyhu

4984

&

&

1995

IykV ua. 111@,] e;wj Mk;dSe fyfeVsM

ikbZil iQkj iksVscy okVj

ds lkeus iQsl&II] th vkbZ Mh lh ,LVsV]

liykbZl

vgenkckn&382445

¹Hkkx IIó[akM 3(ii)º

Hkkjr dk jkti=k % tuojh 17] 2015@ikS"k 27] 1936

235

9-

2896384

07-07-2014

olkuh ikyhelZ izk- fyfeVsM

vuIykfLVlktM ih oh lh 12818

&

&

2010

losZ ua- 488@ih rFkk 519@ih

LØhu rFkk dSflax ikbZi

th vkbZ Mh lh ,LVsV]

iQkj cksj@V;wcoSy

lkcjdkaBk] rkyksM&383215

10-

2896889

08-07-2014

eSd VSd e'khujh

vksiuoSy lceflZcy

14220

&

&

1994

IykV ua- 371]

iEilSV

jksM+ ua- 8] th vkbZ Mh lh]

dkBokMk] vgenkckn&382430

11-

2896182

08-07-2014

fgrs"k baMLVªht

vksiuoSy lceflZcy

14220

&

&

1994

27] 28&,] jfo baMfLVª;y ,LVsV]

iEilSV

vftr feyl ds ihNs]

efu;kj Vªsyj ds lkeus

jf[k;ky] vgenkckn&380023

12-

2896990

11-07-2014

ineuh ToSylZ

Lo.kZ rFkk Lo.kZ /krqvksa

1417

&

&

1999

dku;k 'kkyk jksM+]

vkHkw"k.kksa f'kYidkjh

nsoxFk ckfj;k] nksgkn&389380

'kqnrk ,oa eqgjkadu

13-

2897083

11-07-2014

U;w 'kgjkokyk ToSylZ

Lo.kZ rFkk Lo.kZ /krqvksa

1417

&

&

1999

ldZy cktkj nsoxM+ ckfj;k]

vkHkw"k.kksa f'kYidkjh

fMfLVªDV] nksgkn&389380

'kq¼rk ,oa eqgjkadu

14-

2902555

14-07-2014

t; Hkkjr eSVdkLV izk- fyfeVsM

dkcZu LVhu dkLV fcysV

2830

&

&

2012

201] nhi vikVZeSaV] nwljh eafty

buxksVl] fcysV] Cywel

okih flyoklk jksM+]

rFkk Lyscl iQkj fj&jksfyax

pkj jLrk] oylkn&396195

baVw LVhy iQkj tujy

LVdpjyZ ijil

15-

2898893

17-07-2014

'kksHkkyky ToSylZ

Lo.kZ rFkk Lo.kZ /krqvksa

1417

&

&

1999

d`".kk 'ksjh] dkjksfy;k iksy]

vkHkw"k.kksa f'kYidkjh

,e th jksM+] oMksnjk&380001

'kq¼rk ,oa eqgjkadu

16-

2899491

17-07-2014

feÙky lSD'ku fyfeVsM (;wfuV&II)

LVhy iQkj tujy

2062

&

&

2011

14] 23&pkaxksnj baMfLVª;y ,LVsV]

LVdpyZ ijil

pkaxksnj] rk lkuan&382213

17-

2900551

21-07-2014

czkbV lksyj izk- fyfeVsM

lceflZcy iEilSV

8034

&

&

2002

IykV ua- 474] 475]

jksM ua- 12 dkBokMk]

th vkbZ Mh lh] vks<o]

vgenkckn&382430

18-

2901553

24-07-2014

bySDVªksFkeZ lksyj fyfeVsM

lksyj iQySV IysV

12933

1

&

2003

IykV ua- 414@1]

dySDVj

th vkbZ Mh lh iQsl&II] oVok]

vgenkckn&382445

[la- lh ,e Mh 13%11]

MkW- ,l- ,y- ikydj] oSKkfud ^,iQ* ,oa izeq[k

1

2

3

4

5

6

7

8

9

236

THE GAZETTE OF INDIA : JANUARY 17, 2015/PAUSA 27, 1936

[PART II—SEC. 3(ii)]

New Delhi, the 12th January, 2015

S.O.

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

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

in the following schedule :

SCHEDULE

Sl.

Licences Grant Date

Name & Address of the party

Title of the Standard

IS No.

Part

Sec

Year

No.

No.

1

2

3

4

5

6

7

8

9

1.

2894784

01.07.2014

Mech Tech Machinery

Submersible pumpsets

8034

—

—

2002

Plot No. 371, Road No. 8, GIDC,

Kathwada, Ahmedabad.382430

2.

2897891

01.07.2014

Shree Niloskar Pumps

Openwell submersible

14220

—

—

1994

263 & 264, Shubh Indl Estate

pumpsets

Near C. L. Vidhyalay

Kathwada.Singerya Road, Kathwada,

Ahmedabad.382430

3.

2893984

02.07.2014

Jainson Cables India Pvt. Ltd.,

Welding cables

9857

—

—

1990

Survey No. 16, Plot No. 16A & B

Ahmedabad Mehsana Highway

Village Chandarda, Ta Kadi,

Distt. Mehsana

4.

2894178

02.07.2014

Pavan Pump

Submersible pumpsets

8034

—

—

2002

275/A, Phase.1, GIDC Naroda,

Ahmedabad.382430

5.

2894885

03.07.2014

Captain Industries

Motors for submersible 9283

—

—

2013

Near Gathaman Patiya

pumpsets

Ahmedabad Highway Palanpur,

Banas Kantha.385001

6.

2894986

03.07.2014

Sagar Enterprises

Submersible pumpsets

8034

—

—

2002

25, Pancharatna Estate

B/H, Forge & Blower

Naroda Raod, Ahmedabad.380025

7.

2894077

04.07.2014

Essar Steel India Ltd.,

Spiral welded pipes

5504

—

—

1997

27KM, Surat.Hazira Road,

Surat.394270

8.

2896081

07.07.2014

SHK Polymers Industries

High density

4984

—

—

1995

Plot No. 111/A,

polyethylene pipes

Opp. Mayur Dyechem Ltd.,

for potable water

Phase.II, GIDC Estate, Vata,

supplies

Ahmedabad.382445

9.

2896384

07.07.2014

Vasani Polymers Pvt. Ltd.,

Unplasticized pvc

12818

—

—

2010

Survey No. 488/P & 519/P

screen and casing

GIDC Estate, Sabarkantha,

pipes for bore/

Talod.383215

tubewell

10.

2896889

08.07.2014

Mech Tech Machinery

Openwell submersible

14220

—

—

1994

Plot No. 371, Road No. 8, GIDC,

pumpsets

Kathwada,

Ahmedabad.382430

¹Hkkx IIó[akM 3(ii)º

Hkkjr dk jkti=k % tuojh 17] 2015@ikS"k 27] 1936

237

11.

2896182

08.07.2014

Hitesh Industries

Openwell submersible

14220

—

—

1994

27. 28.A, Ravi Industrial Estate

pumpsets

Behind Ajit Mills

Opp. Maniyar Trailor Rakhial,

Ahmedabad-380023

12.

2896990

11.07.2014

Padmini Jewellers

Gold and gold alloys,

1417

—

—

1999

Kanya Shala Road,

Jewellery/artefacts-

Devgath Baria, Dohad-389380

fineness and marking

13.

2897083

11.07.2014

New Shaherawala Jewellers

Gold and gold alloys,

1417

—

—

1999

Circle Bazar Devgadh

jewellery/artefacts-

Baria Dist. Dahod-389380

fineness and marking

14.

2902555

14.07.2014

Jay Bharat Metcast Pvt. Ltd.,

Carbon steel cast billet 2830

—

—

2012

201, Deep Apartment,

ingots, billets, blooms

2nd Floor Vapi.Silvassa Road,

and slabs for re-rolling

Char Rasta Vapi Valsad-396195

into steel for general

structural purposes

15.

2898893

17.07.2014

Shobhalal Jewellers

Gold and gold alloys,

1417

—

—

1999

Krishna Sheri, Karoliya Pole,

jewellery/artefacts-

M. G. Road, Vadodara-380001

fineness and marking

16.

2899491

17.07.2014

Mittal Section Limited (Unit.II)

Steel for general

2062

—

—

2011

14, 23.Changodar Ind. Estate,

Structural purposes

Changodar, Taluka Sanand-382213

17.

2900551

21.07.2014

Bright Solar Pvt. Ltd.

Submersible pumpsets

8034

—

—

2002

Plot No. 474, 475, Road No. 12

Kathwada GIDC Kathwada Odhav,

Ahmedabad-382430

18.

2901553

24.07.2014

Electrotherm Solar Ltd.,

Solar flat plate

12933

1

—

2003

Plot No. 414/1, GIDC Phase.II

collector

Vatva, Ahmedabad-382445

[No. CMD/ 13:11]

Dr. S. L. PALKAR, Scientist- ‘F’ & Head

ubZ fnYyh] 12 tuojh] 2015

dk-vk- 118-—Hkkjrh; ekud C;wjks (izek.ku) fofu;e 1988 ds fofu;e (5) ds mi&fofu;e (6) ds vuqlj.k esa Hkkjrh;

ekud C;wjks ,rn~}kjk vf/lwfpr djrk gS fd fuEu fooj.k okys ykblsalksa dks muds vkxs n'kkZ;h xbZ rkjh[k ls jn~n@LFkfxr dj fn;k x;k gS %&&

vuqlwph

Øa-

ykblsal

ykblsal/kjh dk uke o irk

ykblsal ds varxZr oLrq@izØe lEc¼

jí djus dh frfFk

la-

la[;k

Hkkjrh; ekud dk 'kh"kZd

lh,e@,y

1-

3638569

lksuh nkDls'k dqekj t;sanzHkkbZ

Lo.kZ rFkk Lo.kZ /krqvksa ds vkHkw"k.kksa f'kYidkjh

18-07-2014

211 ds- Vh- Iyktk] jruiksy]

'kq¼rk ,oa eqgjkadu vkbZ ,l 1417 % 1999

iQqOokjk xka/h jksM ds lkeus vgenkckn&380001

2-

3856680

jksek bySfDVªdYl 60] j?kqohj ,LVsV]

ih oh lh balwysfVM dscy vkbZ ,l 694 % 1990

18-07-2014

:nzk{k dkEiySDl] 'kadj 'kkWfiax lSaVj ds lkeus]

th vkbZ Mh lh vks<o] vgenkckn&382415

[la- lh ,e Mh 13%13]

MkW- ,l- ,y- ikydj] oSKkfud ^,iQ* ,oa izeq[k

1

2

3

4

5

6

7

8

9

238

THE GAZETTE OF INDIA : JANUARY 17, 2015/PAUSA 27, 1936

[PART II—SEC. 3(ii)]

New Delhi, the 12th January, 2015

S.O.

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

Regulations 1988, of the Bureau of Indian Standards, hereby notifies that the licences particulars of which are given below

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

SCHEDULE

Sl.

Licences

Name & Address of the Licensee

Article/Process with relevant

Date of Cancellation

No.

No. CM/L

Indian Standards covered by the

licence cancelled

1.

3638569

Soni Daxesh Kumar Jayendrabhai

Gold and gold alloys, jewellery/

18.07.2014

211, K. T. Plaza, Ratanpole, Opp Fuwara

artefacts-fineness and marking

Gandhi Road, Distt. Ahmadabad-380001

IS 1417 : 1999

2.

3856680

Roma Electrials 60, Raghuvir Estate,

PVC Insulated Cables

22.07.2014

NR. Rudraksh Complex,

IS 694 : 1990

Opp Shankar Shopping Center,

G.I.D.C. Odhav, Ahmadabad-382415

[No. CMD/13 : 13]

Dr. S. L. PALKAR, Scientist 'F' & Head

ubZ fnYyh] 12 tuojh] 2015

dk-vk- 119-—Hkkjrh; ekud C;wjks (izek.ku) fofu;e 1988 ds fu;e 4 ds mi&fu;e (5) ds vuqlj.k esa Hkkjrh; ekud C;wjks

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

vuqlwph

Øa-

ykblsal

Lohd`r djus

ykblsal/kjh dk uke o irk

Hkkjrh; ekud dk 'kh"kZd Hkk ek

Hkkx

vuq-

o"kZ

la-

la[;k

dh frfFk o"kZ@

la[;k

ekg

1

2

3

4

5

6

7

8

9

1-

2903961

04-08-2014

iksyhdSc ok;lZ izk- fyfeVsM

dkaM;wVl iQkj bySfDVªdy 9537

3

&

1983

;wfuV&VI] IykV ua- 79@1&3] 80@1&2

buLVkys'ku

ckldk mtsVh jksM]

ckldk iapegy&389352

2-

2904054

04-08-2014

iksyhdSc ok;lZ izk- fyfeVsM

fiQfVax iQkj fjftM uku

3419

&

&

1998

;wfuV&VI] IykV ua- 79@1&3] 80@1&2

eSVSfyd dkaM;wVl

ckldk mtsVh jksM]

ckldk iapegy&389352

3-

2903456

07-08-2014

nhidHkkbZ veZrHkkbZ lksuh (xMokyk)

Lo.kZ rFkk Lo.kZ /krqvksa ds 1417

&

&

1999

3] vadqj pSEclZ] MkDVj fxj/j iVsy ekxZ] vkHkw"k.kksa f'kYidkjh 'kq¼rk

ikyuiqj culdkaVk&385001

,oa eqgjkadu

4-

2904458

08-08-2014

izxuk iEi baMLVªht

vksiuoSy lceflZcy

14220

&

&

1994

IykV ua- 4] xsV ua- 1] HkkbZthck baMfLVª;y

iEilSV

,LVsV] vfuy LVkpZ jksM+] ujksM jksM+]

vgenkckn&380025

5-

2904559

11-08-2014

izxuk iEi baMLVªht

lceflZcy iEilSV

8034

&

&

2002

IykV ua- 4] xsV ua- 1] HkkbZthck baMfLVª;y

,LVsV] vfuy LVkpZ jksM+] ujksM jksM+]

vgenkckn&380025

¹Hkkx IIó[akM 3(ii)º

Hkkjr dk jkti=k % tuojh 17] 2015@ikS"k 27] 1936

239

6-

2903557

11-08-2014

jkSud ySfeuSDl izk- fyfeVsM

MSdksjsfVo FkeksZlSfVax

2046

&

&

1995

losZ ua- 757@1] ,V % xkWo fiBkbZ dkByky] fluFkSfVd jsflu cksafMM

[ksMk&387630

ySfeusfVM 'khVl

7-

2912558

14-08-2014

;wukVsM iQksliQksjl fyfeVsM

iSfLVlkbZM&ck;iQSuFkfju

15939

&

&

2011

IykV ua- 310@2] th vkbZ Mh lh ,LVsV

oSVscy ikmMj

Hkk:p] vadys'oj&393002

8-

2904660

14-08-2014

ih- ,e- ToSylZ]

Lo.kZ rFkk Lo.kZ /krqvksa ds 1417

&

&

1999

303] bldku vkjdMs] lh th jksM+]

vkHkw"k.kksa f'kYidkjh 'kq¼rk

uojaxiqjk] vgenkckn&380009

,oa eqgjkadu

9-

2905561

14-08-2014

t; Hkkjr eSVdkLV izk- fyfeVsM

gkbZ LVªSaFk fMiQkeMZ LVhy

1786

&

&

2008

losZ ua- 57@2] xkWo eksjkbZ] ok;k okih]

cklZ rFkk ok;jl iQkj

rk ikjMh oylkn&396195

dkaØhV jsfuiQkslZeSaV

10-

2906260

19-08-2014

lqo.kZdyk izk- fyfeVsM

Lo.kZ rFkk Lo.kZ /krqvksa ds 1417

&

&

1999

'kksi ua- 2] th ,iQ RkFkk 102 ,iQ ,iQ]

vkHkw"k.kksa f'kYidkjh 'kq¼rk

foul vekfM;l] tks/iqj Økl jksM+]

,oa eqgjkadu

lsVsykbV] vgenkckn&380015

11-

2907363

22-08-2014

Jh ln~xq: ToSylZ

Lo.kZ rFkk Lo.kZ /krqvksa ds 1417

&

&

1999

;w&1 jksl Iyktk] LVs'ku jksM]

vkHkw"k.kksa f'kYidkjh 'kq¼rk

ckjMksyh] lwjr&394610

,oa eqgjkadu

12-

2907464

22-08-2014

iVsy vackyky lkseukFk ljdkj ToSylZ

Lo.kZ rFkk Lo.kZ /krqvksa

1417

&

&

1999

25@1] fyacw iksy] jru iksy]

ds vkHkw"k.kksa f'kYidkjh

vgenkckn&380001

'kq¼rk ,oa eqgjkadu

13-

2907767

22-08-2014

egky{eh ToSylZ ch&1 lk/uk VkolZ]

Lo.kZ rFkk Lo.kZ /krqvksa

1417

&

&

1999

ljnkj gkfLiVy ds lkeus] LVs'ku jksM+]

ds vkHkw"k.kksa f'kYidkjh

ckjMksyh] lwjr&394602

'kq¼rk ,oa eqgjkadu

14-

2907868

22-08-2014

xk;=kh ToSylZ

Lo.kZ rFkk Lo.kZ /krqvksa

1417

&

&

1999

5@4@86] 102 ukfxunkl pSEclZ]

ds vkHkw"k.kksa f'kYidkjh

cSad vkiQ bafM;k ds lkeus LVs'ku]

'kq¼rk ,oa eqgjkadu

vkuan&388001

15-

2907969

22-08-2014

ch- ,l- ToSylZ

Lo.kZ rFkk Lo.kZ /krqvksa

1417

&

&

1999

th ,iQ&3 jksud Iyktk]

ds vkHkw"k.kksa f'kYidkjh

rqylh/ke pkj jLrk ds ikl]

'kq¼rk ,oa eqgjkadu

eatyiqj+] oMksnjk&390011

16-

2909569

26-08-2014

,e- ds- baMLVªht

ih oh lh balwysfVM dscy

694

&

&

1990

12] uokc baMfLVª;y ,LVsV]

th Mh gkbZ Ldwy jksM+]

ghjk okMh] ujksMk] vgenkckn&382345

17-

2908365

27-08-2014

tykjke Liu ikbZi rFkk flesaV vkfVZdy

izhdkLV dkadfjV ikbZil

458

&

&

2003

oDlZ ,V vktsjh] th ,p cksMsyh]

(fon rFkk fonkmV

rk lka[ksMk] oMksnjk&391135

jsfuiQkslZeSaV)

[la- lh ,e Mh 13%11]

MkW- ,l- ,y- ikydj] oSKkfud ^,iQ* ,oa izeq[k

1

2

3

4

5

6

7

8

9

240

THE GAZETTE OF INDIA : JANUARY 17, 2015/PAUSA 27, 1936

[PART II—SEC. 3(ii)]

New Delhi, the 12th January, 2015

S.O. 119.—In pursuance of sub-regulation (5) of the regulation 4 of the Bureau of Indian Standards (Certification)

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

in the following schedule :

SCHEDULE

Sl.

Licences Grant Date

Name & Address of the party

Title of the Standard

IS No.

Part

Sec

Year

No.

No.

1

2

3

4

5

6

7

8

9

1.

2903961

04.08.2014

Polycab Wires Pvt. Ltd.,

Conduits for electrical

9537

3

—

1983

Unit.VI, Plot No. 79/1-3, 80/1-2 Baska

installations

Ujeti Road, Baska,

Panchamahal-389352

2.

2904054

04.08.2014

Polycab Wires Pvt. Ltd.,

Fittings for rigid non-

3419

—

—

1998

Unit.VI, Plot No. 79/1-3, 80/1-2 Baska

metallic conduits

Ujeti Road, Baska,

Panchamahal-389352

3.

2903456

07.08.2014

Dipakbhai Amrutbhai

Gold and gold alloys,

1417

—

—

1999

Soni (Gadhwala) 3, Ankur Chambers,

jewellery/artefacts-

Dr. Girdhar Patel Marg, Plalanpur,

fineness and marking

Banas Kantha-385001

4.

2904458

08.08.2014

Pragna Pum Industries

Openwell submersible

14220

—

—

1994

Plot No. 4, Gate No. 1, Bhaijibha Ind.

pumpsets

Estate, Anil Starch Road

Naroda Road, Ahmedabad-380025

5.

2904559

11.08.2014

Pragna Pump Industries

Submersible pumpsets

8034

—

—

2002

Plot No. 4, Gate No. 1 Bhaijibha Ind.

Estate, Anil Starch Road

Naroda Road, Ahmedabad-380025

6.

2903557

11.08.2014

Ronak Laminex Pvt. Ltd.,

Decorative thermosetting 2046

—

—

1995

Survey No. 757/1, At : Village : Pithai

synthetic resin bonded

Kathlal, Kheda-387630

laminated sheets

7.

2912558

14.08.2014

United Phosphorus Limited

Pesticide.bifenthrin

15939

—

—

2011

Plot No. 3101/2, GIDC Estate

wettable powder

Bharuch, Ankleshwar-393002

8.

2904660

14.08.2014

P. M. Jewellers

Gold and gold alloys,

1417

—

—

1999

303, ISCON Arcade, C. G. Road,

jewellery/artefacts-

Navrangpura, Ahmedabad-380009

fineness and marking

9.

2905561

14.08.2014

Jay Bharat Metcast Pvt. Ltd.,

High strength deformed

1786

—

—

2008

Survey No. 57/2, Village : Morai

steel bars and wires for

Via.Vapi, Tal : Pardi, Valsad-396195

concrete reinforcement

10.

2906260

19.08.2014

Suvarnakala Pvt. Ltd.,

Gold and gold alloys,

1417

—

—

1999

Shop No. 2. G. F. & 102 F. F., Vinus

jewellery/artefacts-

Amadeus, Jodhpur Cross Road,

fineness and marking

Satellite, Ahmedabad-380015

11.

2907363

22.08.2014

Shree Sadguru Jewellers

Gold and gold alloys,

1417

—

—

1999

U.1 Rose Plaza, Station Road,

jewellery/artefacts-

Bardoli, Surat-394610

fineness and marking

¹Hkkx IIó[akM 3(ii)º

Hkkjr dk jkti=k % tuojh 17] 2015@ikS"k 27] 1936

241

12.

2907464

22.08.2014

Patel Ambalal Somnath

Gold and gold alloys,

1417

—

—

1999

Sarkar Jewellers 25/1, Limbu Pole,

jewellery/artefacts.

Ratan Pole, Ahmedabad-380001

fineness and marking

13.

2907767

22.08.2014

Mahalaxmi Jewellers

Gold and gold alloys,

1417

—

—

1999

B.1 Sadhna Towers Opp Sardar

jewellery/artefacts.

Hospital, Station Road,

fineness and marking

Bardoli Surat-394602

14.

2907868

22.08.2014

Gayatri Jewellers

Gold and gold alloys,

1417

—

—

1999

5/4/86, 102 Nagindas Chambers,

jewellery/artefacts.

Opp Bank of India Station,

fineness and marking

Anand-388001

15.

2907969

22.08.2014

B. S. Jewellers

Gold and gold alloys,

1417

—

—

1999

G. F.-3 Ronak Plaza,

jewellery/artefacts.

Near Tulsidham Char Rasta,

fineness and marking

Manjalpur, Vadodara-390011

16.

2909569

26.08.2014

M. K. Industries

PVC Insulated Cables

694

—

—

1990

12, Nawab Indl. Estate

G. D. High School Road Hirawadi,

Naroda, Ahmedabad-382345

17.

2908365

27.08.2014

Jalaram Spun Pipe & Cement Artical

Precast concrete pipes

458

—

—

2003

Works At Ajari, GH Bodeli,

(with and without

TA Sankheda, Vadodara,

reinforcement)

Bodeli-391135

[No. CMD/ 13:11]

Dr. S. L. PALKAR, Scientist-‘F’ & Head

ubZ fnYyh] 12 tuojh] 2015

dk-vk- 120-—Hkkjrh; ekud C;wjks (izek.ku) fofu;e 1988 ds fofu;e (5) ds mi&fofu;e (6) ds vuqlj.k esa Hkkjrh;

ekud C;wjks ,rn~}kjk vf/lwfpr djrk gS fd fuEu fooj.k okys ykblsalksa dks muds vkxs n'kkZ;h xbZ rkjh[k ls jn~n@LFkfxr dj fn;k x;k gS %&&

vuqlwph

Øa-

ykblsal

ykblsal/kjh dk uke o irk

ykblsal ds varxZr oLrq@izØe lEc¼

jí djus dh frfFk

la-

la[;k

Hkkjrh; ekud dk 'kh"kZd

lh,e@,y

1

2

3

4

5

1-

3683675

eSllZ ,doS'k gSYFkds;j bu dkiksZjs'ku

iSdstcan is;ty

07-08-2014

losZ ua- 138] ,u ,p 8 ,] dY;k.kxkM]

(vnj nSu iSdstM uspqjy feujy okVj)

rk ckcyk vgenkckn&382240

vkbZ ,l 14543&2004

2-

2833764

eSllZ f'koxaxk feujy okVj

iSdstcan is;ty

19-08-2014

101] y{eh fuokl] lh ,u th iEi ds lkeus]

(vnj nSu iSdstM uspqjy feujy okVj)

oklrk nsoMh jksM+] dVVjxke] lwjr&395004

vkbZ ,l 14543&2004

3-

3783679

eSllZ gkbZ VSd jcj baMLVªht

vkVkseksfVo foghdy&V;wcl iQkj

21-08-2014

IykV ua- 3110] th vkbZ Mh lh]

U;weSfVd Vk;lZ vkbZ ,l 13098 % 1991

lkjhxke] rk mejxke] oylkn&396155

4-

3662162

eSllZ Jh x.ks'k baftfu;fjax dEiuh

eksVlZ iQkj lceflZcy iEilSV

27-08-2014

lh&1@275 iQsl&1] th vkbZ Mh lh ujksMk]

vkbZ ,l 9283 % 1995

vgenkckn&382330

1

2

3

4

5

6

7

8

9

242

THE GAZETTE OF INDIA : JANUARY 17, 2015/PAUSA 27, 1936

[PART II—SEC. 3(ii)]

5-

3884079

eSllZ nqxkZ iEi

eksVlZ iQkj lceflZcy iEilSV

27-08-2014

04] Jh jke ,LVsV] ukuk fpyksMk] ujksMk]

vkbZ ,l 9283 % %1995

vgenkckn&382330

6-

2809060

eSllZ lj[kst LVhy baMLVªht izk. fyfeVsM

LVhy iQkj tujy LVdpjy ijel

28-08-2014

lj[kst lkuan Økl jksM+]

vkbZ ,l 2062 % 2011

Jhth os czht ds lkeus]

,u ,p jksM+ ua- 8lh] lj[kst

vgenkckn&382210

[la- lh ,e Mh 13%13]

MkW- ,l- ,y- ikydj] oSKkfud ^,iQ* ,oa izeq[k

New Delhi, the 12th January, 2015

S.O. 120.—In pursuance of sub.regulation (6) of the regulation 5 of the Bureau of Indian Standards (Certification)

Regulations 1988, of the Bureau of Indian Standards, hereby notifies that the licences particulars of which are given below

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

SCHEDULE

Sl.

Licences

Name & Address of the Licensee

Article/Process with relevant

Date of Cancellation

No.

No. CM/L

Indian Standards covered by the

licence cancelled

1.

3683675

M/s. Aquash Healthcare in Corporation

Packaged drinking water (other

07.08.2014

Survey No. 138 N. H. 8 A, Kalyanghad,

than packaged natural mineral

TA Bavla, Kalyanghad

Water IS 14543 : 2004

Distt. Ahmedabad-382240

2.

2833764

M/s. Shivganga Mineral Water

Packaged drinking water (other

19.08.2014

101, Laxmi Nivas, Opp CNG Pump.

than packaged natural mineral

Vasta Devdi Road, Katargam.

Water IS 14543 : 2004

Surat-395004

3.

3783679

M/s. HI-TEC Rubber Industries

Automotive vehicles-tubes for

21.08.2014

Plot No. 3110, G.I.D.C., Sarigam,

pneumatic tyres-

Tal Umargam, Sarigam

IS 13098 : 1991

Distt. Valsad-396155

4.

3662162

M/s. Shree Ganesh Engineering Co.

Motors for submersible

27.08.2014

C.1/275 Phase.1, G.I.D.C. Naroda,

pumpsets-

Ahmedabad-382330

IS 9283 : 1995

5.

3884079

M/s. Durga Pump

Motors for submersible

27.08.2014

04, Shree Ram Estate, Nana Chiloda,

purposes

Naroda, Ahmedabad-382330

IS 9283 : 1995

6.

2809060

M/s. Sarkhej Steel Industries Pvt. Ltd.,

Steel for general Structural

28.08.2014

Sarkhej.Sanand Cross Road, Opp. Shreeji

purposes

Weigh Bridge, N. H. Road No. 8C,

IS 2062 : 2011

Sarkhej, Ahmedabad-382210

[No. CMD/13 : 13]

Dr. S. L. PALKAR, Scientist 'F' & Head

1

2

3

4

5

¹Hkkx IIó[akM 3(ii)º

Hkkjr dk jkti=k % tuojh 17] 2015@ikS"k 27] 1936

243

dks;yk ea=ky;

ubZ fnYyh] 13 tuojh] 2015

dk-vk- 121-—dsUnzh; ljdkj dks ;g izrhr gksrk gS

fd blls mikc) vuqlwph esa of.kZr Hkwfe esa ls dks;yk vfHkizkIr

gksus dh laHkkouk gS A

mDr vuqlwph esa of.kZr Hkwfe ds {ks= esa varfoZ"V djus

okyk js[kkad la[;kad bZlh,y@vkjthvks,e@th,e¼vkbZ@lh½@

,l;wvkjoh@,y,lhD;w@14&15@41] rkjh[k 26 flrEcj] 2014

dk fujh{k.k funs'kd rduhdh ¼izpkyu½] bZLVuZ dksyQhYM~l

fyfeVsM] ladrksfM+;k] Mkd?kj fn'ksjx<+] ftyk c}Zoku] if'peh

caxky&713 333 ;k eq[; egk izca/kd ¼xos’k.kk izHkkx½] dsUnzh;

[kuu ;kstuk vkSj fMtkbu laLFkku fyfeVsM] xksanokuk Iysl]

dkads jksM] jk¡ph ds dk;kZy; esa ;k mik;qDr] ftyk xksM~Mk

¼>kj[kaM½ ds dk;kZy; esa ;k dks;yk fu;a=d] 1] dkmafly

gkml LVªhV] dksydkrk&700001 ds dk;kZy; eas fd;k tk

ldrk gS(

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

fodkl½ vf/kfu;e] 1957 ¼1957 dk 20½ dh /kkjk 4 dh mi&

/kkjk ¼1½ }kjk iznRr 'kfDr;ksa dk iz;ksx djrs gq, mDr vuqlwph

esa of.kZr Hkwfe esa dks;ys dk iwosZ{k.k djus ds vius vk’k; dh

lwpuk nsrh gSA

mDr vuqlwph esa of.kZr Hkwfe esa fgrc) dksbZ O;fDr&

(i)

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

vèkhu dh xbZ dkjZokbZ ls gqbZ {kfr ;k laHkkfor {kfr

vf/kfu;e dh /kkjk 6 ds v/khu fdlh uqdlkuh ds

fy, izfrdj dk nkok dj ldsxk ( ;k

(ii)

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

vèkhu lekIr gks xbZ iwosZ{k.k vuqKfIr;ksa ds laca/k esa

;k mDr vf/kfu;e dh /kkjk 13 dh mi&/kkjk ¼4½

ds v/khu lekIr gks x, [kuu iV~Vs ds fy,

izfrdj dk nkok dj ldsxk vkSj mDr vf/kfu;e

dh /kkjk 13 dh mi /kkjk ¼1½ ds [kaM ¼i½ ls [kaM ¼iv½

esa fofufnZ"V enksa ds laca/k esa mixr O;; dks

nf’kZr djus ds fy, mDr Hkwfe ls lacaf/kr lHkh

ekufp=ksa] pkVksZa vkSj vU; nLrkostksa dks]

bl vf/klwpuk ds jkti= esa izdk’ku dh rkjh[k ls uCcs fnu ds

Hkhrj funs'kd¼izpkyu½] bZLVuZ dksyQhYM~l fyfeVsM] ladrksfM+;k]

Mkd?kj fn'ksjx<+] ftyk c}Zoku&713 333] if'peh caxky ds

dk;kZy; esa ifjnRr dj ldsxk A

vuqlwph

yyefV;k dksy [kuu CykWd ¼pj.k&X½

ftyk&xksM~Mk] >kj[kaM

¼js[kkad la[;kad bZlh,y@vkjthvks,e@th,e¼vkbZ@lh½@

,l;wvkjoh@ ,y,lhD;w@ 14&15@41]

rkjh[k 26 flrEcj] 2014 ½

Ø- ekStk@

Fkkuk

xzke

ftyk

{ks=

{ks=

fVIif.k;ka

la- xzke

la[;k

gsDVs;j

,dM+

esa

esa

¼yxHkx½ ¼yxHkx½

1-

MdSrk yyefV;k

44

xksM~Mk

13-79

34-05

Hkkx

dqy {ks= %

13-79

34-05

dks;yk /kkjd {ks= ¼vtZu vkSj fodkl ½ vf/kfu;e] 1957

dh èkkjk 4 dh mi&/kkjk¼1½ ds v/khu }kjk yyefV;k dks;yk

[kuu CykWd ¼pj.k&X½ ds varxZr vf/klwfpr fd, tkus okys

{ks= dk lhek o.kZu A

d1&d2

;g js[kk ekStk MdSrk la[;k 44 ,oa ekStk yksgf.kM;k

la[;k 45 dh iwohZ lka>k ekStk lhek ij fLFkr fcUnq

^d1^ ls “kq: gksdj ekStk MdSrk dh [kljk la[;k

227] 226] 233 vkSj 235 dh mRrjh lhek ,oa [kljk

la[;k 235 dh if'peh ,oa mRrjh lhek ls xqtjrh

gqbZ iqu% [kljk la[;k 451 dh mRrjh lhek ls gksrs

gq, ekStk MdSrk la[;k 44 ds [kljk la[;k 451 ds

mRrj&if'peh dksus ij fLFkr fcUnq ^d2^ ij feyrh

gS A

d2&d3

;g js[kk ekStk MdSrk la[;k 44 ds [kljk la[;k

451 ds mRrj&if'peh dksus ij fLFkr ^d2^ fcUnq ls

“kq: gksdj ekStk MdSrk la[;k 44 ds [kljk la[;k

451 ds if”peh lhek] [kljk la[;k 453 ,oa 454

ds mRrjh lhek rFkk [kljk la[;k 454] 455] 522]

528] 520] 519] 518] 517] 516 ,oa 531 dh if'peh

lhek ls xqtjrh gqbZ ekStk MdSrk la[;k 44 ds

[kljk la[;k 531 ds nf{k.k&if'peh dksus ij fLFkr

fcUnq ^d3^ ij feyrh gS A

d3&d4

;g js[kk ekStk MdSrk la[;k 44 ds [kljk la[;k

531 ds nf{k.k&if'peh dksus ij fLFkr ^d3^ fcUnq ls

“kq: gksdj [kljk la[;k 531 vkSj 532 dh nf{k.kh

lhek ls xqtjrh gqbZ ekStk MdSrk la[;k 44 ds

[kljk la[;k 532 ds nf{k.k lhek ij fLFkr fcUnq

^d4^ ij feyrh gS A

d4&d5

;g js[kk ekStk MdSrk la[;k 44 ds [kljk la[;k

532 dh nf{k.kh lhek ij fLFkr ^d4^ fcUnq ls “kq:

gksdj [kljk la[;k 534 ds if'peh lhek ,oa [kljk

la[;k 619 dh mRrjh lhek ls xqtjrs gq, ekStk

MdSrk la[;k 44 ds [kljk la[;k 619 ds

nf{k.k&if'peh dksus ij fLFkr fcUnq ^d5^ ij feyrh

gS A

244

THE GAZETTE OF INDIA : JANUARY 17, 2015/PAUSA 27, 1936

[PART II—SEC. 3(ii)]

d5&d6

;g js[kk ekStk MdSrk la[;k 44 ds [kljk la[;k

619 ds mRrj&if'peh dksus ij fLFkr ^d5^ fcUnq ls

“kq: gksdj [kljk la[;k 619]622 ,oa 623 dh

if”peh lhek ls xqtjrs gq, ekStk MdSrk la[;k 44

ds [kljk la[;k 623 ds nf{k.k&if'peh dksus ij

fLFkr fcUnq ^d6^ ij feyrh gS A

d6&d7

;g js[kk ekStk MdSrk la[;k 44 ds [kljk la[;k

623 ds nf{k.k&if'peh dksus ij fLFkr ^d6^ fcUnq ls

“kq: gksdj [kljk la[;k 624 dh mRrjh lhek ls

xqtjrs gq, ekStk MdSrk la[;k 44 ds [kljk la[;k

624 dh mRrj&if'peh lhek ij fLFkr fcUnq ^d7^

ij feyrh gS A

d7&d8

;g js[kk ekStk MdSrk la[;k 44 ds [kljk la[;k

624 dh mRrj&if'peh lhek ij fLFkr ^d7^ fcUnq

ls “kq: gksdj ekStk MdSrk la[;k 44 ,oa ekStk

yyefV;k la[;k 43 dh lka>k lhek rFkk ekStk

MdSrk la[;k 44 ds [kljk la[;k 624 dh if'peh

lhek ls xqtjrs gq, ekStk MdSrk la[;k 44 ,oa ekStk

yyefV;k la[;k 43 dh lka>k lhek ij fLFkr ekStk

MdSrk la[;k 44 ds [kljk la[;k 624 dh

nf{k.k&if'peh lhek ij fLFkr fcUnq ^d8^ ij feyrh

gS A

d8&d9

;g js[kk] ekStk MdSrk la[;k 44 vkSj ekStk yyefV;k

la[;k 43 dh lka>k ekStk lhek ij] ekStk MdSrk

la[;k 44 ds [kljk la[;k 624 dh nf{k.k&if'peh

lhek ij fLFkr ^d8^ fcUnq ls “kq: gksdj ekStk

MdSrk la[;k 44 ds [kljk la[;k 624 ds nf{k.kh

lhek ls xqtjrs gq, ekStk MdSrk la[;k 44 dh lhek

ij fLFkr [kljk la[;k 624 ds nf{k.k&iwohZ dksus ij

fLFkr fcUnq ^d9^ ij feyrh gS A

d9&d1

;g js[kk ekStk MdSrk la[;k 44 dh lhek ij fLFkr

[kljk la[;k 624 ds nf{k.k&iwohZ dksus ij fLFkr

^d9^ fcUnq ls “kq: gksdj ekStk MdSrk la[;k 44 ,oa

ekStk yksgf.kM;k la[;k 45 dh iwohZ lka>k lhek ls

xqtjrh gqbZ] ekStk MdSrk la[;k 44 ,oa ekStk

yksgf.kM;k la[;k 45 dh iwohZ lka>k lhek ij fLFkr

fcUnq ^d1^ ij feyrh gS A

[Qk- la- 43015@14@2014&ihvkjvkbZMCY;w&I]

nksfefud MqaxMqax] voj lfpo

MINISTRY OF COAL

New Delhi, the 13th January, 2015

S.O. 121.—Whereas it appears to the Central

Government that coal is likely to be obtained from the land

mentioned in the Schedule annexed hereto.

The plan bearing number ECL/RGOM/GM(I/C)/

SURV/LACQ/14.15/41, dated the 26th September,2014

containing of the areas of land described in the said

Schedule may be inspected at the office of the Director

Technical (Operation), Eastern Coalfields Limited,

Sanctoria, P.O. Dishergarh, District. Burdwan, West Bengal-

713 333 or at the office of the Chief General

Manager(Exploration Division), Central Mine Planning and

Design Institute Limited, Gondwana Place, Kanke Road,

Ranchi or at the office of the Deputy Commissioner, District

Godda (Jharkhand), or at the office of the Coal Controller,

1, Council House Street, Kolkata – 700 001;

Now, therefore, in exercise of the powers conferred

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

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

(hereinafter referred to as the said Act), the Central

Government hereby gives notice of its intention to prospect

for coal from the land described in the said Schedule.

Any person interested in the land described in the

afore mentioned Schedule may —

(i)

claim compensation under section 6 of the said

Act for any damage caused or likely to be

caused by any action taken under sub-section

(3) of section 4 thereof ; or

(ii)

claim compensation under sub-section (1) of

section 13 of the Act in respect of prospecting

licence ceasing to have effect or under sub-

section (4) of section 13 of the Act for mining

lease ceasing to have effect and deliver all

maps, charts and other documents relating to

the land to show the expenditure incurred in

respect of items specified in clauses (i) to (iv)

of sub-section (1) of section 13 of the said

Act,

to the office of the Director Technical (Operation), Eastern

Coalfields Limited, Sanctoria, P.O. Dishergarh, District.

Burdwan, West Bengal-713 333 within a period of ninety

days from the date of publication of this notification in the

Official Gazette.

SCHEDULE

Lalmatia Coal Mining Block (Phase – X)

District – Godda, Jharkhand

( plan bearing number ECL/RGOM/GM(I/c)/SURV/

LACQ/14-15/41, dated the 26th September,2014)

Sl.

Mouza/

Thana

Village

District

Area in

Area in Remarks

No. Village

Number

Hectares

Acres

approxi.

approxi

mately

mately

1.

Dakaita Lalmatia

44

Godda

13.79

34.05

Part

Total Area

13.79

34.05

¹Hkkx IIó[akM 3(ii)º

Hkkjr dk jkti=k % tuojh 17] 2015@ikS"k 27] 1936

245

Boundary description of the area falling in Lalmatia Coal

Mining Block (Phase – X), to be notified under sub-section

(1) of section 4 of the Coal Bearing Areas (Acquisition

and Development) Act, 1957.

A1 – A2

Line starts from point no. A1 situated on

eastern common mouza boundary of Dakaita

no. 44 and Lohandia no. 45, passes along

northern boundary of plot no. 227,226,233 and

235 of mouza Dakaita, western and northern

boundary of plot No. 235, again passes along

northern boundary of plot No. 451 and meets

at point no. A2 situated at north western corner

of plot no. 451 of mouza Dakaita no. 44.

A2 – A3

Line starts from point no. A2 situated on north

western corner of plot No. 451 of mouza Dakaita

no. 44, passes along western boundary of plot

No. 451 of mouza Dakaita no. 44,northern

boundary of plot No. 453 and 454, western

boundary of plot No. 454,455, 522, 528, 520,

519,518,517,516 and 531and meets at point

no. A3 situated at south-western corner of

plot No. 531 of mouza Dakaita no. 44.

A3 – A4

Line starts from point no. A3 situated at south-

western corner of plot no.531 of mouza Dakaita

no. 44, passes along southern boundary of

plot no. 531 and 532 and meets at point no. A4

situated at southern boundary of plot No. 532

of mouza Dakaita No. 44.

A4 – A5

Line starts from point no. A4 situated at

southern boundary of plot no.532 of mouza

Dakaita no. 44, passes along western

boundary of plot no. 534, northern boundary

of plot no.619 and meets at point no. A5

situated at north-western corner of plot No.

619 of mouza Dakaita No. 44.

A5 – A6

Line starts from point no. A5 situated at north-

western corner of plot No. 619 of mouza Dakaita

No. 44, passes along western boundary of plot

no. 619,622 and 623 and meets at point no. A6

situated at south-western corner of plot No.

623 of mouza Dakaita No. 44.

A6 – A7

Line starts from point no. A6 situated at south-

western corner of plot No. 623 of mouza Dakaita

No. 44, passes along northern boundary of

plot No. 624 and meets at point No. A7 situated

on north-western boundary of plot No. 624 of

mouza Dakaita No. 44.

A7 – A8

Line starts from point no. A7 situated on north-

western boundary of plot No. 624 of mouza

Dakaita no. 44, passes along common mouza

boundary of Lalmatia No. 43 and Dakaita no.

44 and western boundary of plot no. 624 and

meets at point no. A8 situated south-western

boundary of plot No. 624 of mouza Dakaita

No. 44, on common mouza boundary of mouza

Dakaita no. 44 and Lalmatia no. 43.

A8 – A9

Line starts from point no. A8 situated south-

western boundary of plot No. 624 of mouza

Dakaita No. 44, on common mouza boundary

of mouza Dakaita No. 44 and Lalmatia No. 43,

passes along southern boundary of plot No.

624 of mouza dakaita No. 44 and meets at point

No. A9 situated at south-eastern corner of plot

No. 624 on mouza boundary of Dakaita No.

44.

A9 – A1

Line starts from point No. A9 situated at south-

eastern corner of plot No. 624 on mouza

boundary of Dakaita No. 44, passes along

eastern common mouza boundary of Dakaita

No. 44 and Lohandia No. 45 and meets at point

No. A1 situated on eastern common mouza

boundary of Dakaita No. 44 and Lohandia

No. 45.

[ F.No. 43015/14/2014.PRIW.I]

DOMINIC DUNGDUNG, Under Secy.

ubZ fnYyh] 15 tuojh] 2015

dk-vk- 122-—dsUæh; ljdkj dks ;g çrhr gksrk gS

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

vfHkçkIr fd, tkus dh laHkkouk gS(

vkSj] mDr vuqlwph esa of.kZr Hkwfe ds {ks= ds varxZr vkus

okys js[kkad la[;k lh& 1¼bZ½AAA@thvkj@909&1014] rkjh[k

1 vDVwcj] 2014 dk fujh{k.k] osLVuZ dksyQhYM~l fyfeVsM

¼jktLo foHkkx½] dksy bLVsV] flfoy ykbZUl] ukxiqj&440001

¼egkjk"Vª½ ;k eq[; egkçca/kd ¼[kkst çHkkx½] dsUæh; [kku

;kstuk ,oa fMtkbu laLFkku] xksaMokuk Iysl] dkads jksM]

jkaph&834001 ;k dks;yk fua;=d] 1] dkmafly gkml LVªhV]

dksydkrk&700 001 ds dk;kZy; esa ;k ftyk dysDVj] fNUnokM+k

¼e/; çns’k½ ds dk;kZy; esa fd;k tk ldrk gS(

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

fodkl½ vf/kfu;e] 1957 ¼1957 dk 20½ ¼ftls blesa blds

i’pkr~ mDr vf/kfu;e dgk x;k gS ½ dh /kkjk 4 dh mi/kkjk

¼1½ }kjk 'kfDr;ksa dk ç;ksx djrs gq, mDr vuqlwph esa of.kaZr

Hkwfe ls dks;ys dk iwosZ{k.k djus ds vius vk’k; dh lwpuk nsrh

gS(

mDr vuqlwph esa of.kZr Hkwfe esa fgrc) dksbZ O;fDr &

(i)

mDr vf/klwpuk dh /kkjk 4 dh mi&/kkjk ¼3½ ds

vèkhu dh x;h fdlh dk;Zokgh ls gqbZ ;k gksus okyh

246

THE GAZETTE OF INDIA : JANUARY 17, 2015/PAUSA 27, 1936

[PART II—SEC. 3(ii)]

laHkkfor fdlh {kfr ds fy, vf/kfu;e dh /kkjk 6

ds v/khu çfrdj dk nkok dj ldsxk( vFkok

(ii)

mDr vf/kfu;e dh /kkjk ¼13½ dh mi&/kkjk ¼1½ ds

v/khu iwosZ{k.k vuqKfIr;ksa ds çHkkoghu gksus ;k

mDr vf/kfu;e dh /kkjk 13 dh mi&/kkjk ¼4½ ds

v/khu [kuu iês çHkkoghu gksus ds laca/k esa çfrdj

dk nkok dj ldsxk vkSj mls mDr vf/ku;e dh

/kkjk 13 dh mi/kkjk ¼1½ ds [kaM (i) ls [kaM (iv)

esa fofufnZ"V enksa dh ckcr~ mixr O;; dks minf’kZr

djus ds fy, iwoksZDr Hkwfe ls lacaf/kr lHkh ekufp=ksa]

pkVksaZ vkSj vU; nLrkostksa dks ifjnRr dj ldsxk]

bl vf/klwpuk ds jkti= esa çdk’ku dh rkjh[k ls uCcs fnu

ds Hkhrj] {ks=h; egkçca/kd] osLVuZ dksyQhYM~l fyfeVsM] isap

{ks=] iksLV v‚fQl ijkfl;k] rglhy ijkfl;k] ftyk fNUnokM+k

¼e/; çns’k½ ;k egkçca/kd ¼Hkwfe vkSj jktLo½] osLVuZ dksyQhYM~l

fyfeVsM] Hkwfe vkSj jktLo foHkkx] dksy bZLVsV] flfoy ykbZUl]

ukxiqj& 440 001 ¼egkjk"Vª½ dks Hkstsaxs A

vuqlwph

fNUnk vksiudkLV ekbZu

isap {ks=

ftyk fNUnokM+k ¼e/; çns’k½

[js[kkad la[;k lh& 1¼bZ½AAA@thvkj@909&1014] rkjh[k 1

vDVwcj] 2014]

Ø- xzke dk iVokjh

rglhy

ftyk

{ks= fVIif.k;ka

la-

uke

lfdZy

¼gsDVj

la[;k

esa½

Hkkx 1Hk 1-

lsfB;k

24

ijkfl;k

fNUnokM+k 1-894

Hkkx

Hkkx 1e 2-

lsfB;k

24

ijkfl;k

fNUnokM+k 2-039

Hkkx

3-

fNUnk

23

ijkfl;k

fNUnokM+k 29-621

Hkkx

dqy {ks= % 33-554 gsDVj ¼yxHkx½

;k 82-91 ,dM+ ¼yxHkx½

xzke lsfB;k dh lhek {ks= ds vUnj vkus okys IykV la[;kad%

251@1] 251@2 ¼ljdkjh½] 256@1& 256@2-

xzke fNUnk dh lhek {ks= ds vUnj vkus okys IykV la[;kad %

63 ¼ljdkjh½] 67] 68] 69@1& 69@2& 69@3& 69@4&

69@5& 69@6& 69@7& 69@8& 69@9& 69@10] 70 ¼ljdkjh

lM+d½ 71@1& 71@2& 71@3& 71@4& 71@5& 71@6&

71@7] 72] 73@1& 73@2& 73@3& 73@4& 73@5& 73@6&

73@7] 74] 75] 76] 77] 95] 96] 97] 98] 99@1& 99@2] 100]

101] 102] 103] 104@1& 104@2] 105] 106] 107@1& 107@2&

107@3] 108] 109] 110] 111 ¼ljdkjh½] 112] 113@1& 113@2&

113@3& 113@4& 113@5& 113@6& 113@7& 113@8]

114@1] 114@3] 114@4] 115@1] 115@2] 115@3] 115@4]

115@5-

lhek o.kZu ¼Hkkx 1Hk½ %

M-&p&N&M-% js[kk xzke lsfB;k esa fcUnq ^M-*ls vkjaHk gksrh gS

vkSj fcUnq ^p*] ^N* ds ikl ls xqtjrh gqbZ

vkjafHkd fcUnq ^M-* ij feyrh gS A

lhek o.kZu ¼Hkkx 1e½%

d & [k %

js[kk xzke fNUnk esa fcUnq ^d* ls vkjaHk gksrh gS

vkSj xzke fNUnk vkSj xzke lsfB;k dh lfEefyr

xzke lhek ij fcUnq ^[k* ij feyrh gS A

[k & x %

js[kk xzke lsfB;k ls gksdj xqtjrh gS vkSj xzke

lsfB;k vkSj xzke fNUnk dh lfEefyr xzke lhek

ij fcUnq ^x* ij feyrh gS A

x&?k&d %

js[kk xzke fNUnk esa fcUnq ^?k* ds ikl ls gksdj

xqtjrh gS vkSj vkjafHkd fcUnq ^d* ij feyrh gS A

[Qk- la- 43015@16@2014&ihvkjvkbZMCY;w&I]

nksfefud MqaxMqax] voj lfpo

New Delhi, the 15th January, 2015

S.O. 122.—Whereas, it appears to the Central

Government that Coal is likely to be obtained from the

land in the locality described in the Schedule annexed

hereto ;

And Whereas, the plan bearing number C.1(E)III/

GR/909.1014, dated the 1st October, 2014 of the area

described in the said Schedule may be inspected at the

office of the Western Coalfields Limited (Revenue

Department), Coal Estate, Civil Lines, Nagpur– 440 001

(Maharashtra) or at the office of the Chief General Manager

(Exploration Division), Central Mine Planning and Design

Institute, Gondwana Place, Kanke Road, Ranchi – 834 001

or at the office of the Coal Controller, 1, Council House

Street, Kolkata – 700 001 or at the office of the District

Collector, Chhindwara (Madhya Pradesh);

Now, therefore, in exercise of the powers conferred

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

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

(hereinafter referred to as the said Act), the Central

Government hereby gives notice of its intention to prospect

for coal from lands described in the said Schedule ;

Any persons interested in the land described in the said

Schedules may —

(i)

claim compensation under section 6 of the said

Act for any damage caused or likely to be

¹Hkkx IIó[akM 3(ii)º

Hkkjr dk jkti=k % tuojh 17] 2015@ikS"k 27] 1936

247

caused by any action taken under sub-section

(3) of Section 4 thereof ; or

(ii)

claim compensation under sub-section (1) of

Section 13 of the said Act in respect of

prospecting license ceasing to have effect or

under sub-section (4) of section 13 of the said

Act for mining lease ceasing to have effect

and deliver all maps, charts and other

documents relating to the aforesaid lands to

show the expenditure incurred in respect of

items specified in clauses (i) to (iv) of sub-

section (1) of section 13 of the said Act,

to the Office of the Area General Manager, Western

Coalfields Limited, Pench Area, Post Office Parasia, Tahsil

Parasia, District Chhindwara (Madhya Pradesh) or General

Manager (Land and Revenue), Western Coalfields Limited,

Land and Revenue Department, Coal Estate, Civil Lines,

Nagpur – 440 001 (Maharashtra) within a period of ninety

days from the date of publication of this notification in the

Official Gazette.

SCHEDULE

CHHINDA OPENCAST MINE

PENCH AREA

DISTRICT CHHINDWARA (MADHYA PRADESH)

[ Plan Bearing number C.1(E)III/GR/909-1014,

dated the 1st October, 2014]

Sl.

Name of

Patwari

Tahsil

District

Area (in

Remarks

No.

Village

Circle

hectares)

number

Part

1.

SETHIA

24

Parasia

Chhindwara

1.894

Part

1X

Part

2.

SETHIA

24

Parasia

Chhindwara

2.039

Part

1Y

3. CHHINDA

23

Parasia

Chhindwara

29.621

Part

Total area : 33.554 hectares (approximately)

or 82.91 acres (approximately)

Plot numbers within Boundary in village Sethia :

251/1, 251/2 (Government), 256/1- 256/2.

Plot number within Boundary in village Chhinda:

63 (Government), 67, 68, 69/1- 69/2- 69/3- 69/4- 69/5-69/6-

69/7- 69/8- 69/9- 69/10, 70 (Government Road) 71/1- 71/2-

71/3- 71/4- 71/5- 71/6- 71/7, 72, 73/1- 73/2- 73/3- 73/4- 73/5-

73/6- 73/7, 74, 75, 76, 77, 95, 96, 97, 98, 99/1- 99/2, 100, 101,

102, 103, 104/1- 104/2, 105, 106, 107/1- 107/2- 107/3, 108,

109, 110, 111 (Government), 112, 113/1- 113/2- 113/3- 113/4-

113/5- 113/6- 113/7- 113/8, 114/1, 114/3, 114/4, 115/1, 115/2,

115/3, 115/4, 115/5.

Boundary description (1 X) :

E-F-G-E :

Line starts from Point ‘E’ in village Sethia and

passes near Point ‘F’-‘G’ and meets at starting

Point ‘E’.

Boundary description (1 Y) :

A – B :

Line start from Point ‘A’ in village Chhinda

and meets at Point ‘B’ on common village

boundary of villages Chhinda and Sethia.

B – C :

Line passes through village Sethia and meets

at Point ‘C’ on common village boundary of

villages Sethia and Chhinda.

C.D.A :

Line passes through village Chhinda and

passes nearby Point ‘D’ and Meets at starting

Point ‘A’.

[ F.No. 43015/16/2014-PRIW-I ]

DOMINIC DUNGDUNG, Under Secy.

vkns'k

ubZ fnYyh] 16 tuojh] 2015

dk-vk- 123-—dks;yk /kkjd {ks= ¼vtZu vkSj fodkl½

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

vf/kfu;e dgk x;k gS½ dh /kkjk 9 dh mi&/kkjk ¼1½ ds v/khu

tkjh dh xbZ Hkkjr ljdkj ds dks;yk ea=ky; dh vfèklwpuk

la[;kad dk- vk- 1443] rkjh[k 6 ebZ] 2014] tks Hkkjr ds

jkti=] Hkkx II] [kaM 3] mi&[kaM ¼AaAa½] rkjh[k 17 ebZ] 2014

esa izdkf'kr gksus ij] mDr vf/klwpuk ls layXu vuqlwph esa

of.kZr Hkwfe vkSj Hkwfe esa ;k ml ij ds Hkw&lrg vf/kdkj ¼ftls

blesa blds i'pkr~ mDr Hkwfe dgk x;k gS½ mDr vf/kfu;e dh

/kkjk 10 dh mi/kkjk ¼a1½ ds v/khu] lHkh foYyaxeksa ls eqDr gksdj]

vkR;akfrd :i ls dsUnzh; ljdkj esa fufgr gks x, Fks;

vkSj] dsUnzh; ljdkj dks ;g lek/kku gks x;k gS fd lkmFk

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

ftyk& fcykliqj&495006 ¼NRrhlx<+½ ¼ftls blesa blds i”pkr~

mDr ljdkjh dEiuh dgk x;k gS½] ,sls fuca/kuksa vkSj “krksZa dk

tks dsUnzh; ljdkj bl fufeRr vf/kjksfir djuk mfpr le>s]

vuqikyu djus ds fy;s rS;kj gS;

vr% vc] dsUnzh; ljdkj] mDr vf/kfu;e dh /kkjk 11 dh

mi/kkjk ¼1½ }kjk iznRr “kfDr;ksa dk iz;ksx djrs gq,] ;g funs'k

nsrh gS fd bl izdkj fufgr mDr 102-181 gsDVj ¼yxHkx½ ;k

252-49 ,dM+ ¼yxHkx½ Hkwfe vkSj ml ij ds Hkw&lrg vf/kdkj]

rkjh[k 17 ebZ] 2014 ls dsUnzh; ljdkj esa bl izdkj fufgr cus

jgus dh ctk;] fuEufyf[kr fuca/kuksa vkSj “krkasZ ds v/khu jgrs

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

248

THE GAZETTE OF INDIA : JANUARY 17, 2015/PAUSA 27, 1936

[PART II—SEC. 3(ii)]

1-

mDr ljdkjh dEiuh] mDr vf/kfu;e ds mica/kksa ds

vèkhu ;Fkk vo/kkfjr izfrdj] C;kt] uqdlku vkSj oSlh gh enksa

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

djsxh;

2-

mDr ljdkjh dEiuh }kjk “krZ ¼1½ ds v/khu] dsUnzh;

ljdkj dks lans; jdeksa dk vo/kkj.k djus ds iz;kstu ds fy;s

mDr vf/kfu;e dh /kkjk 14 ds v/khu ,d vf/kdj.k dk xBu

fd;k tk,xk rFkk ,sls fdlh vf/kdj.k vkSj ,sls vf/kdj.k dh

lgk;rk djus ds fy;s fu;qDr O;fDr;ksa ds laca/kksa esa mixr lHkh

O;;] mDr dEiuh }kjk ogu fd;s tk;saxs vkSj blh izdkj fufgr

mDr Hkwfe esa ;k ml ij ds vf/kdkj ds fy;s ;k mlds laca/k

esa tSls vihy vkfn lHkh fof/kd dk;Zokfg;ksa dh ckcr mixr]

lHkh O;; Hkh] blh izdkj mDr ljdkjh dEiuh }kjk ogu fd;s

tk,axs;

3-

mDr ljdkjh dEiuh] dsUnzh; ljdkj ;k mlds

in/kkfj;ksa dh] ,sls fdlh vU; O;; ds laca/k esa] {kfriwfrZ djsxh

tks bl izdkj fufgr mDr Hkwfe esa ;k ml ij ds vf/kdkjksa ds

ckjs esa] dsUnzh; ljdkj ;k mlds in/kkfj;ksa }kjk ;k muds

fo:) fdUgha dk;Zokfg;ksa ds laca/k esa vko”;d gks ;

4-

mDr ljdkjh dEiuh dks] dsUnzh; ljdkj ds iwoZ vuqeksnu

ds fcuk] mDr Hkwfe vkSj Hkwfe esa ;k mlds Åij bl izdkj fufgr

vf/kdkj dks fdlh vU; O;fDr dks varfjr djus dh “kfDr ugha

gksxh ; vkSj

5-

mDr ljdkjh dEiuh] ,sls funs'kksa vkSj “krkasZ dk] tks

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

fof'k"V {ks=ksa ds fy;s fn, tk,a ;k vf/kjksfir dh tk,] ikyu

djsxhA

[Qk-la- 43015@05@2011&ihvkjvkbZMCY;w&I]

nksfefud MqaxMqax] voj lfpo

ORDER

New Delhi, the 16th January, 2015

S.O. 123.—Whereas on the publication of the

notification of the Government of India in the Ministry of

Coal number S.O. 1443, dated the 6th May, 2014 published

in the Gazette of India, Part – II, Section – 3, Sub-section

(ii), dated the 17th May, 2014 issued under Sub-section (i)

of Section 9 of the Coal Bearing Areas (Acquisition and

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

to as the said Act), the lands and the surface rights in or

over the said land described in the Schedule appended to

the said notification (hereinafter referred to as the said

land) vested absolutely in the Central Government free

from all encumbrances under sub-section (1) of Section 10

of the said Act.

And whereas the Central Government is satisfied

that the South Eastern Coalfields Limited, Seepat Road,

Post Box No. 60, District Bilaspur-495006 (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 power conferred

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

Government hereby direct that the land measuring 102.181

hectares (approximately) or 252.49 acres (approximately)

and the surface rights in or over the said lands so vested

shall with effect from the 17th May, 2014 instead of

continuing to so vest in the Central Government shall vest

in the Government Company subject to the following terms

and conditions namely:.

1.

The Government Company shall reimburse to the

Central Government all payments made in respect of

compensation, interest, damages and the like as determined

under the provisions of the said Act;

2.

A Tribunal shall be constituted under section 14 of

the said Act for the purpose of determining the amounts

payable to the Central Government by the Government

Company under conditions (1) and all expenditure incurred

in connection with any such tribunal and persons

appointed to assist the tribunal shall be borne by the

Government Company and similarly, all expenditure

incurred in respect of all legal proceedings like appeals

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

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 lands so

vesting;

4.

The Government Company shall have no power to

transfer the said lands to any other persons without the

previous 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

lands as and when necessary.

[F. No. 43015/ 05/ 2011 – PRIW-I]

DOMINIC DUNGDUNG, Under Secy.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 17] 2015@ikS"k 27] 1936

249

Je vkSj jkstxkj ea=ky;

vkns’k

ubZ fnYyh] 9 tuojh] 2015

dk-vk- 124.—tcfd ,QlhvkbZ ds çca/ku ls lacafèkr

fu;ksäkvksa rFkk mlds deZdkjksa ds e/; vkS|ksfxd fookn fnukad

26-10-2004 ds lela[;d vkns'k }kjk U;k;fu.kZ;u gsrq dsUæh;

ljdkj vkS|ksfxd U;k;kfèkdj.k&lg&Je U;k;ky; la[;k 1]

ubZ fnYyh dks Hkstk x;k FkkA

vkSj tcfd lacaf/kr i{kksa us ljdkj dks bl ekeys dks

U;k;fu.kZ;u gsrq jk"Vªh; U;k;kf/kdj.k dks Hkstus ds çfrosnu

fn, D;ksafd bl fookn esa 'kkfey ekeyk fofHkUu jkT;ksa esa

LFkkfir ,QlhvkbZ ds fMiksa ls lacaf/kr gSA

vkSj tcfd ekuuh; fnYyh mPp U;k;ky; us fjV ;kfpdk

la[;k 3792@2004 esa ljdkj dks bl fookn dks jk"Vªh;

vkS|ksfxd U;k;kf/kdj.k esa Hkstus rFkk fopkjkFkZ fo"k;ksa dks

la'kksf/kr djus dk funs'k fn;k gSA

vkSj tcfd dsUæh; ljdkj us vkS|ksfxd fookn vfèkfu;e]

1947 ¼1947 dk 14½ dh /kkjk 7[k }kjk çnÙk 'kfä;ksa dk ç;ksx

djrs gq, ,d jk"Vªh; vkS|ksfxd U;k;kf/kdj.k xfBr fd;k

ftldk eq[;ky; eqEcbZ esa j[kk x;k vkSj U;k;ewfrZ Jh ?ku';ke

nkl] rRdkyhu ihBklhu vf/kdkjh] lhthvkbZVh la[;k 1] eqEcbZ

dks blds ihBklhu vf/kdkjh ds :i esa fu;qä fd;k vkSj mä

vf/kfu;e dh /kkjk 10 dh mi&/kkjk ¼1d½ }kjk çnÙk 'kfDr;ksa

dk ç;ksx djrs gq, mä vkS|ksfxd fookn dks fnukad

10-11-2005 ds vkns'k }kjk fuEufyf[kr la'kksf/kr fopkjkFkZ fo"k;ksa

ds lkFk U;k;fu.kZ;u gsrq mijksä jk"Vªh; vkS|ksfxd

U;k;kf/kdj.k dks lkSaik x;k %&

ÞD;k fnukad 01-07-2002 ds ifji= uksfVl rFkk fnukad

19-01-2004 ds ifji= la[;k 1 ,oa 2 }kjk Hkkjrh; [kk|

fuxe }kjk 6½ rFkk 8 ?k.Vksa ds e/; le;ksifj dk;Z ds

fy, vius [kk| j[k&j[kko dkexkjksa ds le;ksifj osru

dh njksa dks lkekU; osru njksa ds 1-25 xq.kk ls 1-1 xq.kk

de djus rFkk blds vfrfjä lacaf/kr jkT;ksa ds nqdku

,oa çfr"Bku vf/kfu;e ds vuqlkj 8 ?k.Vksa ls vf/kd dk;Z

ds fy, 1-1 xq.kk de djuk oS/kkfud ,oa U;k;ksfpr gS\

;fn ugha] rks deZdkj fdruh jkgr ds ik= gSa\ß

vkSj tcfd U;k;ewfrZ Jh ?ku';ke nkl us fnukad

06-02-2006 dks mä jk"Vªh; vkS|ksfxd U;k;kf/kdj.k dk inHkkj

NksM+ fn;k(

vkSj tcfd dsUæ ljdkj us fnukad 03-01-2011 ds vkns'k

}kjk jk"Vªh; U;k;kf/kdj.k dks iquxZfBr fd;k rFkk U;k;ewfrZ

Jh xkSjh 'kadj ljkZQ dks bldk ihBklhu vf/kdkjh fu;qä fd;k(

vkSj tcfd U;k;ewfrZ Jh xkSjh 'kadj ljkZQ us fnukad

07-09-2012 dks iapkV tkjh djds lanHkZ la[;k ,uVhch&1@2005

ds varxZr ekeys dks fuiVk;k(

vkSj tcfd Hkkjrh; [kk| fuxe ¼,QlhvkbZ½ ds çca/ku us

fjV ;kfpdk la[;k 2013 dh 10823 nk;j djds ,uvkbZVh]

eqEcbZ ds fnukad 07-09-2012 ds iapkV dks ekuuh; mPp

U;k;ky; ckEcs ds le{k pqukSrh nh(

vkSj tcfd ekuuh; mPp U;k;ky;] ckEcs us fjV ;kfpdk

la[;k 2013 dh 10823 esa fnukad 22-04-2014 ds vius vkns’k

}kjk fnukad 22-04-2014 lanHkZ la[;k ,uVhch&1@2005 dks

iyV fn;k rFkk jk"Vªh; vkS|ksfxd U;k;kf/kdj.k] eqEcbZ dks fjV

;kfpdk la[;k 2013 dh 10823 esa ekuuh; mPp U;k;ky; ds

fnukad 22-04-2014 ds vkns'k esa mYys[k ds çdk'k esa fo"k;

fu/kkZfjr djus dk funs’k fn;k(

vkSj tcfd U;k;ewfrZ Jh xkSjh 'kadj ljkZQ us viuh

lsokfuo`fÙk ij mä jk"Vªh; vkS|ksfxd U;k;kf/kdj.k dk inHkkj

NksM+ fn;k(

vr% vc ,d jk"Vªh; vkS|ksfxd U;k;kf/kdj.k dh LFkkiuk

dh tkrh gS ftldk eq[;ky; eqEcbZ esa gksxk vkSj ftlds

ihBklhu vf/kdkjh lhthvkbZVh&lg&Je U;k;ky; la- 1] eqEcbZ

ds ihBklhu vf/kdkjh] lR;iwr esgjks=k gksaxs rFkk mi;qZä fookn

dks U;k;&fu.kZ;u ds fy, jk"Vªh; vkS|ksfxd U;k;kf/kdj.k dks

bl funsZ’k ds lkFk lanfHkZr fd;k tkrk gS fd U;k;ewfrZ

Jh lR;iwr esgjks=k bl ekeys esa fjV ;kfpdk la[;k 2013 dh

10823 esa ekuuh; mPp U;k;ky;] ckEcs ds fnukad 22-04-2014

ds vkns'k esa fn, x, funs'kksa ds vuqlkj vkxs dkjZokbZ djsaxs rFkk

rnuqlkj bl ekeys dks fuiVk,axsA

[la- ,y&22012@359@2003&vkbZvkj ¼lh&II½]

eks- tkfgn 'kjhQ] vuqHkkx vf/kdkjh

MINISTRY OF LABOUR AND EMPLOYMENT

ORDER

New Delhi, the 9th January, 2015

S.O. 124.—Whereas an industrial dispute between

employers in relation to Management of FCI and their

workmen was referred for adjudication to Central

Government Industrial Tribunal-cum-Labour Court No.1,

New Delhi vide order of even number dated 26.10.2004.

And whereas the parties concerned made

representations to the Government for referring the matter

for adjudication to National Tribunal as the issue involved

in the dispute pertains to depots of FCI located at various

States;

And whereas the Hon’ble High Court of Delhi in

W.P. No. 3792/2004 has given a direction to the Government

250

THE GAZETTE OF INDIA : JANUARY 17, 2015/PAUSA 27, 1936

[PART II—SEC. 3(ii)]

to refer the dispute to a National Industrial Tribunal and

to modify the terms of reference.

And whereas the Central Government, in exercise of

the powers conferred by Section 7 B of the I.D. Act, 1947

(14 of 1947), constituted a National Industrial Tribunal

with the Head Quarters at Mumbai and appointed Justice

Shri Ghanshyam Dass, the then Presiding Officer, CGIT

No.1, Mumbai as its Presiding Officer, and in exercise of

the powers conferred by Sub-section (1 A) of Section 10

of the Industrial Disputes Act, referred the said Industrial

Dispute to the said National Tribunal for adjudication with

following revised / modified terms of reference vide order

dated 10.11.2005:-

“Whether the action of the Food Corporation of

India in reducing the rates of Overtime wages of its

food handling workers from 1.25 times to 1.1 times

of the normal rates of wages for overtime work

between 6 ½ and 8 hours and further from as per the

Shops & Establishment Act of the respective states

to 1.1 times for work beyond 8 hours, both by Circular

Notice dated 1.7.2002 and Circular Nos. 1 & 2 both

dated 19.1.2004 is legal and justified? If not, to what

relief the workmen are entitled?”

And whereas Justice Shri Ghanshyam Dass

relinquished the charge of the said National Industrial

Tribunal on 06.02.2006;

And whereas Central Government vide order dated

03.01.2011 reconstituted the National Tribunal and

appointed Justice Shri Gauri Shanker Sarraf as its Presiding

Officer;

And whereas Justice Gauri Shanker Sarraf disposed

of the dispute under Reference No. NTB-1/2005 by way of

Award dated 7th September, 2012;

And whereas the Management of Food Corporation

of India (FCI) challenged the Award dated 07.09.2012 of

NIT, Mumbai before the Hon’ble High Court of Judicature

at Bombay by filing Writ Petition No. 10823 of 2013;

And whereas the Hon’ble High Court of Judicature

at Bombay vide their order dated 22.04.2014 in Writ Petition

No. 10823 of 2013 set aside the award dated 22.04.2014 in

Ref. No NTB-1/2005 and directed the National Industrial

Tribunal, Mumbai to decide the reference in the light of

what is stated in the order dated 22.04.2014 of the Hon’ble

High Court in Writ Petition No. 10823 of 2013;

And whereas Justice Gauri Shanker Sarraf

relinquished the charge of the said National Industrial

Tribunal on his retirement;

Now, therefore, a National Industrial Tribunal is

constituted with Headquarters at Mumbai with Justice

Shri Satya Poot Mehrotra, Presiding Officer of CGIT-cum-

Labour Court No.1, Mumbai as its Presiding Officer and

the above said dispute is referred to the said National

Industrial Tribunal for adjudication with a direction that

Justice Shri Satya Poot Mehrotra shall proceed in the

matter as per the directions given by the Hon,ble High

Court of Judicature at Bombay vide order dated 22.04.2014

in Writ Petition No. 10823 of 2013 and dispose of the same

accordingly.

[No. L-22012/359/2003-IR(C-II)]

Md. ZAHID SHARIF, Section Officer

vkns’k

ubZ fnYyh] 14 tuojh] 2015

dk-vk- 125.—tcfd dsUæh; ljdkj dk er gS fd

ctkt bySfDVªdYl fyfeVsM ds çca/ku vkSj muds dkexkjksa ds

chp vkS|ksfxd fookn fo|eku gS %

rFkk tcfd xqtjkr ds ekuuh; mPp U;k;ky;] vgenkckn

us fofo/k flfoy vkosnu la- 1943@2003 rFkk fofo/k flfoy

vkosnu la- 1711@2003 esa funs’k fn;k fd vkS|ksfxd fookn

vf/kfu;e] 1947 ds mica/kksa ds varxZr ekeys ij fopkj fd;k

tk, vkSj mi;qä fu.kZ; fy;k tk,(

rFkk tcfd ,d ls vf/kd jkT; esa fLFkr ctkt bySfDVªdYl

fyfeVsM ds LFkkiuksa ds blls lac) vFkok çHkkfor gksus dh

laHkkouk gS(

rFkk tcfd dsUæh; ljdkj dk er gS fd mä fookn dk

U;k;&fu.kZ;u jk"Vªh; U;k;kf/kdj.k }kjk fd;k tk,(

rFkk tcfd dsUæh; ljdkj us vkS|ksfxd fookn

vfèkfu;e] 1947¼1997 dk 14½ dh /kkjk 7[k }kjk çnÙk 'kfä;ksa

dk ç;ksx djrs gq, Je ea=ky; ds fnukad 06-09-2004 ds

vkns’k la- ,y&42012@144@2004&vkbZvkj¼lh&II½ ds ek/;e

ls jk"Vªh; vkS|ksfxd U;k;kf/kdj.k xfBr fd;k ftldk eq[;ky;

eqEcbZ esa j[kk x;k rFkk U;k;k/kh’k ,l- lh- ik.Ms dks bldk

ihBklhu vf/kdkjh fu;qä fd;k rFkk mä vf/kfu;e dh /kkjk 10

dh mi&/kkjk¼1d½ }kjk çnÙk 'kfä;ksa dk ç;ksx djrs gq, mä

vkS|ksfxd fookn dks U;k; fu.kZ;u gsrq mä jk"Vªh; vkS|ksfxd

U;k;kf/kdj.k dks Hkst fn;k(

rFkk tcfd U;k;k/kh’k Jh ,l- lh- ik.Ms us 8-9-2004 dks

mi;qZä jk"Vªh; vkS|ksfxd U;k;kf/kdj.k dk inHkkj R;kx fn;k(

rFkk tcfd dsUæh; ljdkj us fnukad 10-11-2005 ds

vkns’k ds ek/;e ls jk"Vªh; U;k;kf/kdj.k dk iquxZBu fd;k

rFkk U;k;kèkh’k Jh ?ku’;ke nkl dks bldk ihBklhu vf/kdkjh

fu;qä fd;k(

rFkk tcfd U;k;k/kh’k Jh ?ku’;ke nkl us 06-02-2006

dks mä jk"Vªh; vkS|ksfxd U;k;kf/kdj.k dk inHkkj NksM+ fn;k(

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 17] 2015@ikS"k 27] 1936

251

rFkk tcfd dsUæh; ljdkj us fnukad 3-1-2011 ds vkns’k

ds ek/;e ls jk"Vªh; U;k;kf/kdj.k dk iquxZBu fd;k rFkk

U;k;kèkh’k Jh xkSjh 'kadj ljkZQ dks bldk ihBklhu vf/kdkjh

fu;qä fd;k(

rFkk tcfd U;k;k/kh’k Jh xkSjh 'kadj ljkZQ us fnukad

20-09-2011 dks fu.kZ; nsdj fookn dk fuiVku fd;k rFkk

U;k;k/kh’k Jh xkSjh 'kadj ljkZQ us 30-06-2013 dks viuh

lsokfuo`fÙk ij mä jk"Vªh; vkS|ksfxd U;k;kf/kdj.k dk inHkkj

NksM+ fn;k(

rFkk tcfd eSllZ ctkt bySfDVªdYl fyfeVsM vkSj

muds dkexkjksa ds chp ekStwnk fooknksa ds lanHkZ esa vuqeksnu

laca/kh vkosnuksa vkSj f’kdk;rksa dk fuiVku djus ds fy, jk"Vªh;

vkS|ksfxd U;k;kf/kdj.k xfBr fd;k tkuk visf{kr gS(

vr%] blfy, ,d jk"Vªh; vkS|ksfxd U;k;kf/kdj.k dh

LFkkiuk dh tkrh gS ftldk eq[;ky; eqacbZ esa gksxk vkSj

ftlds ihBklhu vf/kdkjh lhthvkbZVh la[;k 1] eqacbZ ds

ihBklhu vf/kdkjh U;k;k/kh’k Jh lR;iwr esgjks=k gksaxs rFkk

mi;qZä fookn dks U;k; fu.kZ;u ds fy, mä jk"Vªh;

vkS|ksfxd U;k;kf/kdj.k dks bl funs’k ds lkFk Hkstk tkrk gS fd

U;k;k/kh’k Jh lR;iwr egjks=k ekeys esa dk;Zokgh djsaxs rFkk

rnuqlkj bldk fuiVku djsaxsA

[la- ,y&42012@144@2004&vkbZvkj ¼lh&II½]

tksgu Vksiuks] voj lfpo

ORDER

New Delhi, the 14th January, 2015

S.O. 125.—Whereas the Central Govt. is of the

opinion that an industrial dispute exists between the

management of Bajaj Electricals Limited and their workmen :

And whereas the Hon’ble High Court of Gujarat at

Ahmedabad in Misc. Civil Application No.1943/2003 in

Misc. Civil Application No.1711/2003 gave a direction to

consider the matter under the provisions of Industrial

Disputes Act, 1947 and take appropriate decision;

And whereas the establishments of Bajaj Electricals

Limited situated in more than one State are likely to be

interested in, or affected;

And whereas the Central Government is of the

opinion that the said dispute should be adjudicated by a

National Tribunal;

And whereas the Central Government in exercise of

the powers conferred by Section 7 B of the I.D. Act, 1947

(14 of 1997) constituted a National Industrial Tribunal vide

Ministry of Labour Order No.L-42012/144/2004-IR(C-II)

dated 6.9.2004 with Headquarters at Mumbai and

appointed Justice Shri S.C. Pandey as its Presiding Officer

and in exercise of the powers conferred by Sub-section

(1A) of Section 10 of the said Act, referred the said Industrial

Dispute to the said National Industrial Tribunal for

adjudication;

And whereas Justice Shri S.C. Pandey relinquished

charge of the above National Industrial Tribunal on

8.9.2004;

And whereas Central Government vide order dated

10.11.2005 reconstituted the National Tribunal and

appointed Justice Shri Ghanshyam Dass as its Presiding

Officer;

And whereas Justice Shri Ghanshyam Dass

relinquished the charge of the said National Industrial

Tribunal on 06.02.2006;

And whereas Central Government vide order dated

3.1.2011 reconstituted the National Tribunal and appointed

Justice Shri Gauri Shanker Sarraf as its Presiding Officer;

And whereas Justice Shri Gauri Shanker Sarraf

disposed of the dispute by way of Award dated 20.9.2011

and Shri Gauri Shanker Sarraf relinquished the charge of

the said National Industrial Tribunal on his retirement on

30.06.2013;

And whereas the National Industrial Tribunal is

required to be constituted to deal with the Approval

Applications and complaints in reference disputes exists

between M/s. Bajaj Electricals Limited and their workmen;

Now therefore, a National Industrial Tribunal is

constituted with Headquarters at Mumbai with Justice Shri

Satya Poot Mehrotra, Presiding Officer of CGIT No.1,

Mumbai as its Presiding Officer and the above said dispute

is referred to the above said National Industrial Tribunal

for adjudication with a direction that Justice Shri Satya

Poot Mehrotra shall proceed in the matter and dispose of

the same accordingly.

[No. L-42012/144/2004-IR(C-II)]

JOHAN TOPNO, Under Secy.

vkns’k

ubZ fnYyh] 14 tuojh] 2015

dk-vk- 126.—tcfd dsUæh; ljdkj dk er gS fd

ctkt bySfDVªdYl ds çca/ku vkSj muds dkexkjksa ds chp

vkS|ksfxd fookn fo|eku gS%

rFkk tcfd vkS|ksfxd fookn esa jk"Vªh; egRo dk çlax

fufgr gS rFkk ,slh ç—fr dk Hkh gS fd blls lac) vFkok

çHkkfor gksus dh laHkkouk gS(

252

THE GAZETTE OF INDIA : JANUARY 17, 2015/PAUSA 27, 1936

[PART II—SEC. 3(ii)]

rFkk tcfd dsUæh; ljdkj us vkS|ksfxd fookn vfèkfu;e]

1947 ¼1997 dk 14½ dh /kkjk 7[k }kjk çnÙk 'kfä;ksa dk

ç;ksx djrs gq, Je ea=ky; ds fnukad 08-05-1997 ds vkns’k

la- ,y&51016@01@1996&vkbZvkj ¼vkbZ,eih&II½ ds ek/;e

ls jk"Vªh; vkS|ksfxd U;k;k/khdj.k xfBr fd;k ftldk eq[;ky;

eqEcbZ esa j[kk x;k rFkk U;k;k/kh’k vkj- ,l- oekZ dks bldk

ihBklhu vf/kdkjh fu;qä fd;k rFkk mä vf/kfu;e dh /kkjk 10

dh mi&/kkjk ¼1d½ }kjk çnÙk 'kfä;ksa dk ç;ksx djrs gq, mä

vkS|ksfxd fookn dks U;k; fu.kZ;u gsrq mä jk"Vªh; vkS|ksfxd

U;k;k/khdj.k dks Hkst fn;k(

rFkk tcfd blds ifj.kkeLo:i dsUæh; ljdkj us jk"Vªh;

U;k;k/khdj.k dk iquxZBu fd;k vkSj U;k;k/kh’k Jh tfLVl ,l-

lh- ik.Ms] lsokfuo`Ùk mPp U;k;ky; tt] e/; çns’k dks bldk

ihBklhu vf/kdkjh fu;qä fd;k(

rFkk tcfd U;k;k/kh’k Jh tfLVl ,l- lh- ik.Ms us

fnukad 20 Qjojh] 2004 dks fu.kZ; nsdj fookn dk fuiVku

fd;k rFkk Jh ,l- lh- ik.Ms us viuh lsokfuo`fÙk ij mä

jk"Vªh; vkS|ksfxd U;k;k/khdj.k dk inHkkj NksM+ fn;k(

rFkk tcfd eSllZ ctkt bySfDVªdYl fyfeVsM vkSj

muds dkexkjksa ds chp ekStwnk fookn ds lanHkZ esa vuqeksnu ds

vkosnuksa vkSj f’kdk;rksa dk fuiVku djus ds fy, jk"Vªh;

vkS|ksfxd U;k;k/khdj.k xfBr fd;k tkuk visf{kr gSA

vr%] vc ,d jk"Vªh; vkS|ksfxd U;k;kf/kdj.k dh LFkkiuk

dh tkrh gS ftldk eq[;ky; eqacbZ esa gksxk vkSj ftlds

ihBklhu vf/kdkjh lhthvkbZVh& lg&Je U;k;ky; la[;k 1 ds

ihBklhu vf/kdkjh U;k;ewfrZ Jh lR;iwr esgjks=k gksxsa rFkk

mi;qZä fookn dks U;k; fu.kZ;u ds fy, mä jk"Vªh;

vkS|ksfxd U;k;k/khdj.k dks Hkstk tkrk gS fd tfLVl Jh lR;iwr

egjks=k ekeys esa dk;Zokgh djsaxs rFkk rnuqlkj bldk fuiVku

djsaxsA

[la- ,y&51016@01@96&vkbZvkj ¼vkbZ,eih&II½

¼[akM QkbZy½]

o;kbZyk :axlqax] mi lfpo

ORDER

New Delhi, the 14th January, 2015

S.O.

126.—Whereas the Central Govt. is of the

opinion that an industrial dispute existed between the

management of Bajaj Electricals and their workmen:

And whereas the industrial dispute involves

question of national importance and also is of such nature

that are likely to be interested in or affected;

And whereas the Central Government in exercise of

the powers conferred by Section 7 B of the I.D. Act, 1947

(14 of 1997) constituted a National Industrial Tribunal vide

Ministry of Labour Order No. L—51016/01/1996-IR(IMP-

II) dated 08.05.1997 with Headquarters at Mumbai and

appointed Justice R. S. Vermaas its Presiding Officer and

in exercise of the powers conferred by Sub-Section (1A)

of Section 10 of the said Act, referred the said Industrial

Dispute to the said National Industrial Tribunal for

adjudication;

And whereas consequently, the Central Government

reconstituted the National Tribunal and appointed Justice

Shri Justice S. C. Pandey, retired High Court Judge, Madhya

Pradesh, as its Presiding Officer;

And whereas Justice Shri Justice S. C. Pandey

disposed off the dispute by way of Award dated 20th

February, 2004 and Shri S. C. Pandey relinquished the

charge of the said National Industrial Tribunal on his

retirement;

And whereas the National Industrial Tribunal is

required to be constituted to deal with the Approval

Applications and complaints in reference disputes exists

between M/s. Bajaj Electricals Limited and their workmen;

Now, therefore, a National Industrial Tribunal is

constituted with Headquarters at Mumbai with Justice

Shri Satya Poot Mehrotra, Presiding Officer of CGIT-cum-

Labour court No.1, Mumbai as its Presiding Officer and

the above said dispute is referred to the said National

Industrial Tribunal for adjudication with a direction that

Justice Shri Satya Poot Mehrotra shall proceed in the

matter and dispose of the same accordingly.

[No. L-51016/01/96-IR (IMP-II) (Part File)]

VAYAILA RUNGSUNG, Dy. Secy.

ubZ fnYyh] 9 tuojh] 2015

dk-vk- 127-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

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

fuxe fyfeVsM vkSj nwljksa ds izcaèkra=k ds lac¼ fu;kstdksa vkSj

muds deZdkjksa ds chp vuqcaèk esa fu£n"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;] psUubZ ds

iapkV (lanHkZ la[;k 10@2013) dks izdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 08@01@2015 dks izkIr gqvk FkkA

¹la- ,y&40012@26@2012&vkbZvkj (Mh;w)º

ih- ds- os.kqxksiky] MsLd vf/dkjh

New Delhi, the 9th January, 2015

S.O.

127.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 10/2013)

of the Central Government Industrial Tribunal-cum-Labour

Court, Chennai as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 17] 2015@ikS"k 27] 1936

253

management of the Bharat Sanchar Nigam Limited &

Others, and their workmen, which was received by the

Central Government on 08/01/2015.

[No. L-40012/26/2012-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL- CUM - LABOUR

COURT, CHENNAI

Wednesday, the 17th December, 2014

Present :

K. P. PRASANNA KUMARI,

Presiding Officer

Industrial Dispute No. 10/2013

(In the matter of the dispute for adjudication under

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

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

between the Management of Bharat Sanchar Nigam Ltd.

and another and their workman)

BETWEEN :

Sri G. D. Sathish Kumar

: 1st Party/Petitioner

AND

1.

The Executive Engineer (E) : 2nd Party/1st Respondent

BSNL Electrical Division-II,

Block-3/D3, RGMTTC

GST Road, Meenambakkam

Chennai-600027

2.

M/s. Air Cool Engineers

: 2nd Party/2nd Respondent

(Contractor), No. 24,

Deivanayagam Street,

Nungambakkam

Chennai-600034

Appearance :

For the 1st Party/Petitioner :

M/s. S. Anbalagan,

Advocates

For the 2nd Party/

:

M/s. P. Arulmudi,

1st Management

Advocates

For the 2nd Party/

:

M/s. N. Nithianandam,

2nd Management

Advocates

AWARD

The Central Government, Ministry of Labour &

Employment vide its Order No. L-40012/26/2012-IR (DU)

dated 23.01.2013 referred the following Industrial Dispute

to this Tribunal for adjudication.

The schedule mentioned in that order is :

“Whether the action of the management of BSNL

and their Contractor M/s. Aircool Engineers in

terminating the services of Sri G.D. Sathish Kumar

and R. Kartick w.e.f. 06.05.2012 is legal and justified?

If not, to what relief the workmen are entitled?”

2.

On receipt of the Industrial Dispute this Tribunal

has numbered it as ID 10/2013 and issued notice to both

sides. Both parties have entered appearance through their

counsel and filed Claim and Counter Statements

respectively.

Though the reference pertains to two workmen viz.

Sathish Kumar and Karthik. Karthik is said to have waived

his claim. The Claim Statement is filed only by Sathish

Kumar.

3.

The averments in the Claim Statement filed by the

petitioner in brief are these:

The petitioner has completed ITI Course in AC

Mechanic Trade. The First Respondent has several

telephone exchanges, administrative offices and AC plants

for its smooth functioning. It is engaged in

telecommunication services, internal telephone lines,

cables, maintenance of telephone services, etc. The First

Respondent has AC Package Units in Cuddalore at six

centres. The maintenance of those AC Package Units were

given to Contractors periodically by the First Respondent.

The petitioner was engaged by the First Respondent for

maintenance works in AC Plant at Cuddalore Main

Exchange through a Contractor, in the year 2006. The

petitioner was continuously in the above unit under various

Contractors. Though the Contractors have changed, the

petitioner continued to work. The petitioner is to maintain

the temperature of the AC unit at a particular level, check

the temperature every one hour and is to rectify problems

if any, that arise in the circuits and is also to change the

fan leaf etc. for the smooth functioning of the unit. Thus

the employment of the petitioner is perennial in nature.

The entire service of the petitioner was controlled by

the Sub-Divisional Engineer or other Officers of the First

Respondent. They used to instruct the petitioner regarding

the work to be done. They used to recommend action

against the Contract Workers if they committed any

misconduct. The Second Respondent was the successful

bidder in the e-tender process floated for selecting

maintainer of AC Plants coming under the jurisdiction of

the First Respondent. He was allowed contract for two

years for the period from January 2012. The petitioner

was given duty at Cuddalore Main Branch. He had to

work for 12 hours but he was not paid any overtime

allowance. The Second Respondent has refused to pay

minimum wages as per law also. When the petitioner started

demanding minimum wages the Second Respondent

started issuing salary in cash after getting signature in

blank vouchers. On 05.06.2012 the Second Respondent

has informed the petitioner that he has been terminated

from service. The petitioner has learnt that the contract

has been awarded to the Second Respondent without

verifying whether the Second Respondent is having a valid

license. Since the work performed by the petitioner is

perennial in nature and the engagement is against the

254

THE GAZETTE OF INDIA : JANUARY 17, 2015/PAUSA 27, 1936

[PART II—SEC. 3(ii)]

provisions of CLRA Act, the contract between the First

and Second Respondent is sham and bogus and the

petitioner’s termination is illegal and unjustified. An order

may be passed holding that the contract between the

Respondents is sham and bogus and directing the First

Respondent to reinstate the petitioner in service with back

wages and other attendant benefits.

4.

The First Respondent has filed Counter Statement

contending as follows:

Maintenance of AC Package units of the First

Respondent were entrusted to various Contractors from

time to time. The First Respondent has never engaged the

petitioner directly. There was no employer-employee

relationship between the petitioner and the First

Respondent. The petitioner had worked under various

Contractors from time to time. The Contractor had been

engaging skilled person exclusively for repair of the AC

Package Units. The claim of the petitioner that he was

rectifying the problems of the unit is not correct. Being

the principal employer the First Respondent can only

ensure that the petitioner was drawing not less than

minimum wages fixed by the Central Labour Authority for

contractual workers from time to time. The job of the

petitioner was to switch off and switch on the Package AC

units which is not skilled in nature. At present the

comprehensive maintenance of Package ÄC units is

entrusted to the Second Respondent. The performance

of the petitioner is known to the Contractor only. The

contention that the contract has been awarded to the

Second Respondent without verifying whether he has valid

license is denied. Since the petitioner was only contract

labour under different Contractors from time to time, the

question of reinstatement of the petitioner by the First

Respondent does not arise. He is not entitled to any relief.

5.

The Second Respondent has filed Counter Statement

contending as follows:

The First Respondent is having seven TR AC

Package units for various telephone exchanges under ESD,

Cuddalore Apart from the regular work force, the First

Respondent engages private contractors for executing the

work in the AC Package Units. The Contractors in turn

engage contract workers for the work. The First

Respondent was in the practice of awarding contract

periodically for a specified period. The Second

Respondent was awarded the contract for a period from

17.01.2011 to 16.12.2013 for comprehensive maintenance

of 7 TR Package units for various telephone exchanges

for ESD, Cuddalore. The Second Respondent is having

valid license under CLRA Act. The contract workers

engaged by the Second Respondent are paid wages as

fixed under Minimum Wages Act. The petitioner was

engaged as contract worker by the Second Respondent

for the execution of the work. He was working as an

unskilled worker. He stopped reporting for duty on his

own from 05.06.2012 without informing the Second

Respondent. The work done by the petitioner is not

perennial in nature. It is incorrect to state that the petitioner

was made to work for 12 hours and was not paid overtime

allowance. So also the averment that he was not paid

minimum wages also is not correct. The petitioner is not

entitled to any relief.

6.

The evidence in the case consists of oral evidence

of WW1 and MW1 and documents marked as Ext. W1 to

Ext. W13 and Ext. M1 and Ext. M2.

7.

The points for consideration are:

(i)

Whether the action of the Respondents in

terminating the service of the petitioner is legal and

justified?

(ii)

Whether the petitioner is entitled to be reinstated in

the service of the First Respondent?

The Points

8.

According to the petitioner he has worked for the

First Respondent under different Contractors for the

maintenance work of Air-Condition Plants at Cuddalore.

According to him though the Contractors have changed

periodically, he was working continuously under the First

Respondent. His work was to maintain the temperature of

the AC unit at a particular level, check the temperature

every one hour, rectify problems if any and maintain the

unit. According to him, though salary was paid by the

Contractors, he was controlled by the Sub-Divisional

Engineer, Cuddalore or other Officers of the Respondent.

They were giving instructions to him as to what is to be

done. They were recommending action to be taken against

the contract workers if they committed any misconduct.

The Second Respondent who was awarded the contract

for the period from January 2012 to December 2013 has

given him duty at Cuddalore alongwith the second

petitioner whose name was waived from the Claim

Statement on his request. Though, duty was round the

clock only two persons were allotted in the unit of

Cuddalore and the petitioner was forced to work 12 hours

a day even without any overtime allowance. According to

the petitioner the work done by him was perennial in

nature. The Second Respondent is said to have threatened

him when he demanded minimum wages. He is said to

have informed the petitioner on 05.06.2012 that he has

been terminated from service. According to the petitioner

his engagement was against the provisions of CLRA Act

also. He has contended that the contract between the First

and Second Respondent is sham and bogus and the action

of the First and Second Respondent in terminating his

service is illegal and unjustified. He is seeking an order to

reinstate him in service with back wages and other benefits.

9.

The case that is advanced by First Respondent is

that there was never employer-employee relationship

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 17] 2015@ikS"k 27] 1936

255

between the petitioner and the First Respondent. The

Second Respondent also has stated in the Counter

Statement that he has engaged the petitioner for work, he

being the Contractor for two years for the maintenance of

AC Package Units at Cuddalore and other six centres.

10.

The petitioner has given evidence as WW1 asserting

his case that he started to work with the First Respondent

through a Contractor in the year 2006 and that he was

throughout working for the First Respondent even though

the Contractors changed periodically during this time.

11.

It could be seen from the Counter Statement filed by

the First Respondent that the case of the petitioner that

he was working for the First Respondent throughout from

2006 is not denied. The only case is that it was as engaged

by the Contractor he was working and there was no

employer-employee relationship between them.

12.

During his examination the Second Respondent has

admitted that the petitioner was employed by him at the

time of execution of the contract between him and the

First Respondent itself. He has further admitted that the

petitioner was working with the previous contractor also

for the First Respondent. He has also admitted that there

was issue between him and the petitioner in the matter of

minimum wages and it was brought before the Regional

Labour Commissioner. He was asked to pay difference in

wages, overtime wages and compensation. According to

him he has filed appeal against this order and he has

obtained a stay of the execution of the order also. The

case of the petitioner is that the Second Respondent has

been threatening him in this respect and ultimately he was

not allowed to continue in the work.

13.

In support of his contention that the contract

between the First and Second Respondents is bogus, one

argument that is advanced by the counsel for the petitioner

is that the Second Respondent has no license under CLRA

Act to enter into the contract. The Second Respondent

has produced Ext.M1 said to be the certificate of

registration under the CLRA Act. It is pointed out by the

counsel for the petitioner that this document will not show

that the Second Respondent has got necessary license.

According to him, in the absence of license produced by

the Second Respondent, Ext.M2 the contract between the

First and Second Respondent for maintenance of the

seven AC units of the First Respondent is to be treated as

sham and nominal. The counsel has referred to the decision

of the Karnataka High Court in FOOD CORPORATION

OF INDIA LORRY WORKERS UNION VS. FOOD

CORPORATION OF INDIA reported in 1987 1 LLJ 407 and

also decision of the Gujarat High Court in FOOD

CORPORATION OF INDIA EMPLOYEES UNION VS.

FOOD CORPORATION OF INDIA AND OTHERS reported

in 1990 1 GLR 384 where it was held that a worker who

works for a principal employer to whom the provisions of

the CLRA Act are attracted is to be treated as the worker

of the employer unless the establishment has secured a

certificate of registration and it had employed contract

labour through a licensed Contractor. However, these

decisions are against the dictum laid down by the Apex

Court in this respect. In the decisions in NATIONAL

THERMAL POWER CORPORATION AND OTHERS

VS. BADRI SINGH THAKUR AND OTHERS reported in

2009 1 LLJ 198 and MUNICIPAL CORPORATION OF

GREATER MUMBAI VS. SHRAMIK SANGH AND

OTHERS reported in 2002 2 LLJ 544 it has been laid down

that the conclusion that the contract was sham or it was

only a camouflage cannot be arrived at as a matter of law

for non-compliance of the provisions of CLRA Act but a

finding must be recorded based on evidence particularly

when disputed, by a industrial adjudicator. So the argument

that the contract between the First and Second

Respondents is sham and nominal in the absence of license

for the Second Respondent is not available for the

petitioner.

14.

Irrespective of whether registration certificate was

obtained by the principal employer under CLRA Act or

whether license was obtained by the Contract under the

said Act, based on evidence, it is to be decided whether

the contract is sham and nominal. One aspect that has

been pointed out by the counsel on behalf of the petitioner

is that the work done by the petitioner is perennial in

nature. On going through the counter statement of the

Respondents, it could be seen that there is not even a

contention for the Respondents that the work is not

perennial in nature. The duty of the petitioner and such

others engaged for the First Respondent was maintenance

of AC Package Units. Of course, there is a contention for

the Respondents that the petitioner was not doing any

skilled work but he was only switching of and switching

on the AC units. According to the Respondents,

maintenance used to be done by some other person. At

the same time though the petitioner has contended in the

Claim Statement itself that he has completed ITI in AC

Mechanic trade, this is not specifically denied in the

Counter Statements. Even assuming that the petitioner

was not doing any maintenance work it is very much clear

that the work was perennial in nature. Unless the AC units

are working non-stop the First Respondent would not be

able

to

provided

uninterrupted

service

of

telecommunications. The petitioner has alleged in the

Claim Statement that even though the units are to function

round the clock only two persons including him were

engaged at Cuddalore and he was forced to work 12 hours

a day even without any overtime allowance. It is very

much clear from the admission of MW1 itself that the

petitioner had been working 12 hours a day. He has stated

during his cross-examination that apart from the usual

8 hours the workers will be working four hours overtime

also. This admission by the Second Respondent makes it

clear that the AC units were working round the clock and

256

THE GAZETTE OF INDIA : JANUARY 17, 2015/PAUSA 27, 1936

[PART II—SEC. 3(ii)]

the petitioner and his co-worker had to work continuously

for 24 hours. It is clear from this that the work done by the

petitioner was perennial in nature.

15.

Now the question to be considered is who was

controlling and supervising the petitioner and who was

supervising him. It could be seen from the very averment

in the claim Statement that wages used to be paid to him

by the Contractor. Himself and others have proceeded

against the Second Respondent for not paying minimum

wages. However, there is sufficient evidence to show that

the control of the petitioner was by the First Respondent

itself. As already stated the petitioner had been working

with the First Respondent irrespective of the change in

contract and change in the Contractors. The petitioner

has started to work with the First Respondent in the year

2006. Even though different Contractors came and left, he

continued to work for the First Respondent until he was

prevented from work by the Second Respondent. This

would show that the engagement of the petitioner was in

fact not on the basis of the contract but he was accepted

by the First Respondent throughout as a worker, whoever

was the Contractor. In Ext.W6 the reply given by the First

Respondent under the Right to Information Act, the First

Respondent has stated that though only 15 workers are

engaged and so contract need not be covered under the

Provident Fund and ESI Acts, they are taking care of the

above benefits in respect of the persons engaged. This

would show that the First Respondent was directly taking

care of the affairs of those who were engaged.

16.

The Second Respondent has stated during his cross-

examination that there were 10 workers at Cuddalore under

him and the petitioner was employed as AC Operator. He

had claimed that the petitioner was working under his

instruction. However he was the Contractor for four other

units also. He also stated that there was no need for day-

to-day instructions for the workers since their duty was

only to switch on and switch of the AC units. At the same

time he admitted that the security staff of the First

Respondent, the Junior Engineer and the Assistant

Engineer of the unit will be checking whether the workers

were reaching in time at the place of work. This would

show that whatever control required was exercised by the

Officers of the First Respondent and not the Second

Respondent. It could be seen that in spite of the perennial

nature of the work the First Respondent was executing

contract with different persons as a camouflage only to

deny the deserving benefits to the petitioners and others

of his kind. It is very much clear from the evidence that

unless the AC units are made to work continuously the

First Respondent would not be able to function. This very

perennial nature of the work would show that the contracts

were meant only as camouflage.

17.

The petitioner had worked with the First Respondent

continuously from the year 2006 though nominally under

different Contractors. Since the contract between the First

and Second Respondent is found to be camouflage the

petitioner is to be treated as a worker directly employed

by the First Respondent. He seems to have been turned

out of work for no valid reason. So he is entitled to be

reinstated in service by the First Respondent. However,

the petitioner would not be entitled to any back wages.

18.

In view of my discussion above, the First Respondent

is directed to reinstate the petitioner in service within a

month.

An award is passed accordingly.

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner

: WW1, Sri G. D. Sathish

Kumar

For the 2nd Party/Management : MW1, Sri K. Veera

Documents Marked:

On the petitioner’s side

Ex.No.

Date

Description

Ex.W1

04.03.2010

Service certificate issued to the

petitioner

Ex.W2

01.04.2010

Difference of wages –

comparative statement

Ex.W3

12.05.2010

Letter by BSNL

Ex.W4

23.06.2011

Application filed under RTI

Ex.W5

04.07.2011

Circular by the Ministry of

Labour

Ex.W6

10.08.2011

Reply given under RTI

Ex.W7

22.05.2012

Strike Notice given by the

Union

Ex.W8

22.05.2012

Telegram sent to various

authorities

Ex.W9

06.06.2012

Letter by the petitioner to the

1st Respondent about sudden

removal

Ex.W10

18.06.2012

Minutes of the proceedings of

the Labour Officer

Ex.W11

04.09.2012

Conciliation failure report

Ex.W12

05.11.2012

Application under Minimum

Wages Act by Union

Ex.W13

09.10.2013

Letter by the Department of

BSNL

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 17] 2015@ikS"k 27] 1936

257

On the Management’s side

Ex.No.

Date

Description

Ex.M1

07.07.2011

Certificate of Registration for

CLRA Act 1970 issued to the

2nd Respondent

Ex.M2

07.12.2011

Agreement entered into

between the 1st Respondent

and the 2nd Respondent

ubZ fnYyh] 9 tuojh] 2015

dk-vk- 128-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

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

vkSjksf'kYia] foYyqiqje ds izcaèkra=k ds lac¼ fu;kstdksa vkSj muds

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

ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;] psUubZ ds iapkV

(lanHkZ la[;k 48@2013) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj

dks 08@01@2015 dks izkIr gqvk FkkA

¹la- ,y&42011@09@2013&vkbZvkj (Mh;w)º

ih- ds- os.kqxksiky] MsLd vf/dkjh

New Delhi, the 9th January, 2015

S.O.

128.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 48/2013)

of the Central Government Industrial Tribunal-cum-Labour

Court, Chennai as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of the Filaure Auroshilpam, Villupuram and

their workman, which was received by the Central

Government on 08/01/2015.

[No. L-42011/09/2013-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL- CUM - LABOUR

COURT, CHENNAI

Tuesday, the 16th December, 2014

Present : K. P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 48/2013

(In the matter of the dispute for adjudication under

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

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

between the Management of Filaure Auroshilpam and their

workman)

BETWEEN :

Sri A. Segaran & Other

:

1st Party/Petitioner

Filaure Auroshilpam Employees

AND

The Executive Manager

:

2nd Party/Respondent

Filaure Auroshilpam

No. VM-214-Auroville

Villupuram

Appearance :

For the 1st Party/

:

M/s. Ramapriya Gopalakrishnan,

Petitioner

Advocate

For the 2nd Party/

:

M/s. Subhang Nair & Prahalad

Management

Bhat, Advocates

AWARD

The Central Government, Ministry of Labour &

Employment vide its Order No. L-42011/09/2013-IR (DU)

dated 12.04.2013 referred the following Industrial Dispute

to this Tribunal for adjudication.

The schedule mentioned in that order is:

“Whether the following demands made by the group

of workmen employed in Filaure Auroshilpam, a unit

under Auroville Foundation are legal and justified?

(i) Minimum guarantee wages of Rs. 8,000/- per

month and conversion of piece rate wages to time

rate wages (ii) Dearness Allowance from 01.01.2011

and (iii) House Rent Allowance of Rs. 3,000/-. To

what relief the concerned workmen are entitled?”

2.

On receipt of the Industrial Dispute this Tribunal

has numbered it as ID 48/2013 and issued notices to both

sides. Both sides have entered appearance through their

counsel and filed Claim and Counter Statement

respectively. The petitioner has filed rejoinder in answer

to the Counter Statement.

3.

The averments in the Claim Statement filed by the

petitioner in brief are these:

The petitioners are workmen of Filaure Auroshilpam,

the Respondent establishment. The Respondent is

engaged in the business of manufacture and export of

readymade garments. It has been engaged in the business

for the last 30 years. The unit of the Respondent is located

in the industrial zone in Auroville Township in Villupuram

District. The industry of the Respondent is predominantly

export oriented. The garments manufactured in the

industry are exported to the United Kingdom, Germany,

France and other foreign countries. They are sold in a

boutique in Auroville also. The Respondent industry

makes profit of several crores of rupees every month. There

are 46 regular workers in the factory. the petitioners are

working in the Tailoring Unit of the concern. They have

been working in the units for period ranging from 8 to

31 years. They are involved in the work of stitching

different types of garments. They work for 6 days a week

with work hours from 0830 AM to 0500 PM. The

258

THE GAZETTE OF INDIA : JANUARY 17, 2015/PAUSA 27, 1936

[PART II—SEC. 3(ii)]

Management has been treating the petitioners in a

discriminatory manner in the matter of pay and benefits.

While other workmen engaged in the factory are paid on

time rate basis, the workmen in the Tailoring unit alone are

paid on a piece rate basis. They are not paid allowances

such as House Rent Allowance, Dearness Allowance, etc.

Other statutory benefits also were denied to them. They

were given the benefit of Provident Fund only from

1991. ESI coverage started only in the year 2005. The

petitioners had requested the Respondent to pay them

wages on time rate basis. But the Respondent did not

oblige. On 12.06.2012 the petitioners raised demands such

as fixation of Basic Pay @ Rs. 8,000/- per month, payment

of Dearness Allowance, abolition of the piece rate method

and payment on time rate basis, payment of 30 days a

month, payment of full wages for the period of layoff,

payment of House Rent Allowance of Rs. 3,000/- per month,

City Allowance @ Rs. 100/- per month, Rs. 3000/- per annum

as LTC and Rs., 5,000/- per annum as education allowance

and Identity Card and proper wage receipts. On 08.11.2012

they raised additional demands of annual increment of 8%

of basic pay, traveling allowance of Rs. 1,500/- per month.

Medical allowance of Rs. 2,000/- per month, washing

allowance of Rs. 1000/- per month, attendance register

allowance of Rs. 500/-, one day of casual leave for every

15 days, death relief of Rs. 5,00,000/-, provision of three

sets of uniform annually and payment of Rs. 4,000/- per

month as Interim Relief. The conciliation proceedings

ended in failure and the matter has been referred to this

Tribunal on the basis of the failure report sent by the

Labour Commissioner. The wages of other workmen in the

Respondent Industry range between Rs. 19,000/- and Rs.

22,000/- a month. The gross wage of the petitioners range

between Rs. 7,000/- and Rs. 12,000/-. The piece rate system

of payment to the petitioners was violative of the law. It is

implemented by the Management in an arbitrary manner.

The work target is unilaterally fixed by the Management

without ascertaining from the workmen whether it is

feasible for them to meet the target. Because of the piece

rate system adopted by the Management, the petitioners

receive a low amount only every month. Prices of essential

commodities have increased year after year. The purpose

of Dearness Allowance is to neutralize the rise in the cost

of living. The benefit should be given to persons such as

the petitioners who are drawing low wages. The petitioners

are entitled to Time Rate Wages and Dearness Allowance.

They are also entitled to House Rent Allowance. An order

may be passed accordingly.

4.

The Respondent has filed Counter Statement

contending as follows:

Six of the petitioners have resigned from the

respondent’s establishment. So claim cannot be brought

on their behalf. The person who is representing the

petitioners is not competent to do so. The Auroville

Foundation has no direct control over the activities of the

Respondent unit. The unit of the Respondent was started

in 1970. It was registered as a Trust in 1991. It joined

Employees Provident Fund in the year 1991. ESI clinic was

opened in the locality in the year 2005 and the Respondent

had obtained registration immediately bringing all its

employees under this scheme. Prior to this, the Respondent

had been providing medical treatment to all employees

free of cost at Auroville centre. Medical leave was provided

to the employees even before the ESI scheme came into

force. The unit was profitable upto 2011. While running

on profit the Respondent had, in addition to the statutory

bonus, paid ex-gratia bonus amounting to more than 20%

of the wages to all employees with more than 10 years of

service. Prevailing economic situation in Germany where

the only export customer of the Respondent is based had

made it difficult for the Indian businessmen including

Respondent to remain competitive. In spite of this wage

increase was given to the employees in 2005. The

Respondent had notified wage increase of 10% as in the

previous year. However, the petitioners have demanded

increase of 15% in the wages. They have gone on a

lightning strike from 12.04.2012. They even tried to

intimidate the employees who continued to work. During

the conciliation proceedings, petitioners 6 to 11 resigned

from the Company and accepted settlement. The

settlement binds all the workmen who are parties to the

dispute. The allegation of discrimination in wage rates are

baseless. Piece rate system among the workers of the

tailoring unit is required for several reasons. This will

provide encouragement of higher production. Since rate

per unit is fixed, it is easy to prepare estimates and budgets.

Piece rate system is beneficial to both the employees as

well as the employer. Piece rate could not be applied to

other employees such as cutters, checkers, packers, office

staff, etc. Piece rate system is widely employed by Garment

Production Units in India as a standard for tailoring as it

maximizes efficiency and helps maintain the industry’s

effectiveness in the competitive global market The other

garment units in the area also employ piece rate system

for tailoring. All the tailors in the Respondent’s unit are

paid in excess of minimum wages for tailoring as directed

by Government of Tamil Nadu. The contention that the

tailors including the petitioners are discriminated and

exploited is not correct. The petitioners are not entitled to

the relief claimed.

5.

In the rejoinder filed the petitioners have denied the

averments in the Counter Statement and had reiterated

their case in the Claim Statement.

6.

The evidence in the case consists of oral evidence

of WW1, WW2 and MW1 and documents marked as

Ext.W1 to Ext.W76 and Ext.M1 to Ext.M18.

7.

The points for consideration are:

(i)

Whether the demands made by the petitioners are

legal and justified?

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 17] 2015@ikS"k 27] 1936

259

(ii)

What if any are the reliefs to which the petitioners

are entitled?

The Points

8.

Though there are eleven petitioners in the ID, only

the first three petitioners are now proceeding with the

dispute. The other petitioners have settled the dispute

with the Respondent Management.

9.

All the petitioners are working as Tailors in the

Respondent Establishment which is at Auroville in

Villupuram District. The first petitioner is said to have joined

the respondent institution in 1998, the second petitioner

in 1982 and the third petitioner in 1992. These three

petitioners and the other petitioners have raised demands

including minimum guarantee wage @ Rs. 8,000/-,

conversion of piece rate wage to time rate wage, dearness

allowance from 01.01.2011 and HRA @ Rs. 3,000/- per

month. Some of the petitioners other than the first three

petitioners have settled their dispute with the Respondent

during the conciliation proceedings and others

subsequently. So the first three petitioners only remain in

the array for contesting the matter.

10.

The payment of wages at the respondent’s

institution is on piece rate basis so far as the tailors

including the petitioners are concerned. According to the

petitioners they are discriminated by providing piece rate

wages while the other employees in the establishment are

paid on time rate basis. It is also alleged that they are not

paid dearness allowance, HRA, etc. The payment on piece

rate basis is said to be unilaterally fixed by the Management

without ascertaining from the workmen whether it is

feasible for them to meet the target. The target for the

tailors is said to be fixed without any regard to the well-

being of the workmen and without considering their age.

It is alleged by the petitioners that the work load fixed for

them is so high and it is impossible for them to complete

the entire work load and earn the stipulated daily wage

every day. Against this it is contended by the Respondent

that wage at piece rate has been fixed after a scientific

assessment. It is further stated that piece rate system will

provide encouragement for higher production by

rewarding efficient workers in a suitable way. It is further

stated that it is easy to prepare quotations, estimates and

budgets at piece rate system. It is also pointed out by the

Respondent that the piece rate system will be beneficial to

both the employer and the employee. It is claimed by the

Respondent that the wage paid at the respondent

institution is much more than what is fixed as minimum

wages by Govt. of Tamil Nadu and the wages paid generally

in the industry and particularly in the establishment nearby

in the area. There is also a contention for the Respondent

that business has slackened since export customers for

which it was mainly dependent has reduced to one thereby

reducing the business and income of the establishment.

11.

Is the wages that is payable to the petitioners at

such a low rate, far lesser than what is prevalent in the

area and in the industry? On behalf of the petitioners the

one who is acting as the representative has been examined.

However, it has come out in evidence that he is an outsider

to the industry and does not know anything about the

same. The other person who has given evidence is the

second petitioner. In the affidavit filed by him, he has

reiterated the case in the Claim Statement. He has stated in

the affidavit that the target fixed by the Respondent used

to vary depending upon the type of garment to be stitched

and at the beginning of each day, himself and other

workmen in the tailoring unit used to be informed about

the target for the day or the work load for the day. He has

further stated that the work load fixed was so high that it

was impossible for them to complete the entire work load

and earn the entire stipulated daily wage each day.

According to him, because of the piece rate system

adopted by the Management the actual wages paid to him

each month used to be very low.

12.

Against the evidence on behalf of the petitioners

there is the evidence of MW1, the executive of the

Respondent. He has stated that piece rate system is more

beneficial to both employer and employee and this is

recognized by a majority of the employees of the

Respondent also. He has further stated that piece rate

system cannot be applied to employee whose work is not

of a repetitive nature and output of the workers is beyond

their control. He has stated that this cannot be made

applicable to the other employees of the establishment

such as pattern makers, cutters, checkers, packers, office

staff, watchmen, etc. According to him, rate for each piece

of new item used to be set by having tailors stitch the new

item under the supervision and timed by the member of

the Management. On this basis it was decided how many

pieces can be stitched in a day allowing time for lunch,

snacks and breaks. Piece rate was then set on the basis

that a reasonable number produced in a day will earn the

employee the determined daily wage they receive for leave

days. In the process feed-back from the tailors was taken

into account also.

13.

The counsel for the petitioner has argued that it is

necessary in the modern society that wage is fixed in such

a manner that a person should be able to meet his daily

requirements and to have some amount of comfort also.

The counsel has referred to the decision of the Apex Court

in EXPRESS NEWSPAPER PRIVATE LTD AND ANOTHER

VS. UNION OF INDIA AND OTHERS AND OTHER

CASES reported in AIR 1958 SC 578 (1) in this respect. In

this the Apex Court has classified wages into three broad

categories viz. the living wage, the fair wage and the

minimum wage. A living wage should be sufficient to meet

the normal needs of the average employee, regarded as a

human being in a civilized society. The Apex Court has

also held that while fixing the wages the capacity of the

260

THE GAZETTE OF INDIA : JANUARY 17, 2015/PAUSA 27, 1936

[PART II—SEC. 3(ii)]

industry to pay is one of the essential circumstances to be

taken into consideration except in cases of bear

subsistence or minimum wage where the employer is bound

to pay the same irrespective of such capacity. The capacity

of the industry is to be considered on an industry-cum-

region basis after taking a fair cross-section of the industry.

While measuring the capacity of the industry the elasticity

of the demand for the product, the possibility of tightening

of the organization so that the industry could pay higher

wages without difficulty and the possibility of increasing

the efficiency of the lowest paid workers resulting in

increase in production also should be taken into account.

Thus it could be seen from the above decision that aspects

from the point of the employee as well as the employer are

to be taken into account while deciding what is the amount

that is payable as wages with which an employee can live

with some reasonable degree of comfort.

14.

It has been pointed out by the counsel for the

Respondent that fixing of wages at piece rate is not

something unknown in employer-employee relationship

and has been accepted in several establishments. He has

pointed out that in the tailoring industry this has especially

been accepted because of the nature of work. He has

referred to the decision in SILVER JUBILEE TAILORING

HOUSE AND OTHERS VS. CHIEF INSPECTOR OF SHOPS

AND ESTABLISHMENTS AND ANOTHER reported in

1974 3 SCC 498 in this respect in which the system was

referred to with approval.

15.

Payment of wages at piece rate system cannot be

frowned upon as one not acceptable compared to time

rate system. This certainly has advantages from the point

of view of the employer as well as the employee. If this

system is adopted a worker who is enthusiastic and is

willing to put in more effort will be able to earn more wages

than in time rate system. He will be able to earn more than

his fellow workers. In this way piece rate system acts as

an incentive to the workers to give more from their part to

the industry and at the same time more for themselves.

This becomes beneficial to the employer also since he is

able to produce more and do more business. The objection

raised on behalf of the petitioners against the piece rate

system certainly could not be approved in view of the

advantages rather than disadvantages for the system. It

has been pointed by the counsel for the petitioner that at

piece rate system a person will have to work without rest

to earn the wages fixed for him. In fact in piece rate system

it is for the worker to decide what is the turnover of work

to be.

16.

Certainly, the rate fixed for each piece should be

sufficient. It should be done in such a manner that the

worker is getting sufficient wages for the work done. So

also it should be in accordance with the price the employer

would be getting for each piece. Even though the

petitioners have claimed in the Claim Statement that the

rate fixed for each piece is not in proper manner, the

petitioners have not cared to give the details of the rates.

What are the particular items stitched or what is the rate

for each such items are not given by the petitioners. There

is only a general statement that the rate is not fixed in a

proper manner and the employees are forced to work more

because of this. In the absence of proof of the rates fixed

for each item or any proof of the rate fixed in the industry

in the area for such items for the purpose of comparison

the evidence given in this respect is insufficient to discard

piece rate system which was in vogue for a long time.

17.

When the available materials are taken into account

it could be seen that the wages paid by the Respondent is

not low when compared to the payment made to such

workers in other establishments of the kind that have

accepted time rate system. The petitioners themselves did

not bring much evidence for the purpose of comparison.

One of the document produced by them is Ext.W53, the

wage bill of a tailor of another similar establishment in the

area. As seen from this, this worker is seen paid Rs. 8,372/

- for the month of December, 2011. There is also Ext.W57,

the wage slip for the month of August 2012, the total of

which comes to Rs. 10,130/- including Rs. 736/- paid for

overtime work. The Respondent has produced Ex.M1, the

wage slip for September 2012 in respect of a tailor of

“Rangoli”, another Auroville establishment which shows

that he was paid Rs. 10,551/- including Rs. 1,226/- for

overtime work. Ext.M2 is the wage slip of the first petitioner

for the month of October 2012 which shows that he has

received Rs. 10,927/- as wages in this month. Ext.M3 to

Ext.M5 are the registers of wages for the months of March

2012 and March 2013 respectively. In March 2011 the first

petitioner has earned more than Rs. 10,900/- as wages. In

the next two years almost this much is the earning for the

month. The third petitioner also has earned this much

during the period. However, the wage earned by the second

petitioner seems to be much lower. He has earned a little

above Rs 6,000/- in March 2011 and less than Rs. 6,000/- in

March 2012. However in March 2013, his earnings is more

than Rs. 7,000/-. The third petitioner has earned more than

Rs. 11,000/- in March 2013.The other tailors other than the

second petitioner also maintain almost a consistent rate

ranging between about Rs. 10,000/- and Rs. 11,000/- Thus

it could be seen that the earnings so far as the tailors are

concerned is almost the same, but for the difference except

in the case of second petitioner, when compared with the

earnings from the establishment that has adopted time

rate system. So piece rate system could not be treated as

faulty when compared to time rate system. So there is no

need to discard this system.

18.

Ext.M3 to M5 would show the wages for the other

workers who are paid at time rate basis also. The counsel

for the petitioner has been trying to compare the wages

paid to these employees with the wages paid to the tailors

including the petitioners. However, it could be seen from

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 17] 2015@ikS"k 27] 1936

261

the registers that those workers who are getting more

amount are pattern maker, checking master, export manager,

etc. who would necessarily be in a higher position than

that of the tailors so their wages could not be compared

with that of the petitioners. The petitioners were not able

to make out a case to discard piece rate system.

19.

Another demand on the part of the petitioners is

that they should be allowed dearness allowance on the

amount received by them. It has been argued on behalf of

the Respondent that though payment to the petitioners is

not made bifurcating salary, dearness allowance, etc. they

are paid taking into account these aspects also. He has

referred to the wages received by the workers in other

establishments in the area and has pointed out that even

on time rate basis they are receiving only lesser wages

than what is paid by the Respondent. He has also referred

to the GO of the Tamil Nadu Govt. fixing wages for the

workers in tailoring industry. As seen from this the wages

payable at Zone-B including municipalities is Rs. 2,137 for

Grade-I and Rs. 2,033 for Grade-II. There is also provision

for payment of Rs. 3.8 as dearness allowance for each

point. Even if calculated on the basis of this, the wages

paid to the petitioners could not be said to be low, though

not very high. So it is to be taken that the amount that is

now received by the petitioners is fixed taking into account

cost of living as well.

20.

The next demand is for House Rent Allowance. It

has been admitted by the counsel for the petitioners that

none of the labour legislations provide for payment of

House rent Allowance. According to the counsel even in

the absence of any such law it is prevalent in the industrial

world to pay house rent allowance to the workers. In the

absence of any evidence regarding such payment to other

workers of similar establishments in the area it will not be

proper to allow House Rent Allowance.

21.

Apart from the above, the Respondent seems to be

running in bad times at present. The account sheet of the

years 2009 to October 2014 were produced by the

Respondent. During the earlier years business seems to

have been running to Rs. 2.00 crores. However, because

of recession business had dwindled. In the year 2013

annual business has reduced to Rs. 94.00 lakhs. During

2014 upto the date on which documents were produced

business is for Rs. 25.00 lakhs only. During his examination

MW1 has even got a case that the establishment is already

closed since it was not able to get any orders from the

customers abroad. What the Supreme Court has stated in

the decision referred to earlier is that the financial position

of the employer also has to be taken into account while

fixing the wages and other amenities. Certainly, the present

financial position of the Respondent does not call for a

wage increase.

22.

The amount that the petitioners are now receiving

in all probability will satisfy the definition given by the

Supreme Court regarding fair wage in the sense that it is

more than the minimum wage though it could not be termed

the living wage which comes under the definition of the

wage which is sufficient to allow the petitioners to live in

some comfort. Certainly, it is not that the amount received

by them will enable them to meet all their requirements

above their basic necessicities. However, the time at which

the petitioners have raised the dispute does not seem to

be the proper one. In the present situation the Respondent

could not be said to be an institution which is fairing well.

It could be seen from the records produced by the

Respondent during sunny days the Respondent have been

considerate of the employees and had been giving them

bonus at much more than the statutory rate. They seem to

have been making yearly wage revisions also. In 2010 there

was a wage revision of 15%. In 2011 and 2012 it was 10%

and in 2013 it was 13%. Ex-gratia bonus payments of more

than 20% of wages were made to those employees of more

than 10 years service.

23.

The counsel for the Respondent has pointed out

that all other petitioners other than petitioners one, two

and three have accepted settlement. He has stated that

the Respondent is ready to offer the same terms of

settlement to the above petitioners as well.

24.

It has been argued by the counsel for the Respondent

that the Memorandum of Settlement marked as Ext.M9

signed with other petitioners is binding on the petitioners

also in view of Section-18(3) of the Industrial Disputes

Act. On the other hand it has been argued by the counsel

for the petitioner that it is individual settlement and is not

by recognized union and therefore Section-18(3) has no

application to the case. This sub-section states that a

settlement arrived in the course of conciliation proceedings

under the Act or an arbitration award in a case where

notification has been issued under Sub-Section 3(a) of

Section-10(a) or an award of a Labour Court, Tribunal or

National Tribunal, shall be binding on all the parties to the

industrial dispute and all other parties summoned to appear

in the proceedings as parties to the dispute. The counsel

for the Respondent has referred to the decision

NATIONAL ENGINEEREING INDUSTRIES LTD. VS.

STATE OF RAJASTHAN AND OTHERS reported in 2000

1 SCC 371 in this respect. It has been held by the Apex

Court in this that Sub-Sections (1) and (3) of Section-18

divide settlements into two categories viz. (i) those arrived

at outside the conciliation proceedings and (ii) those

arrived at in the course of conciliation proceedings and a

settlement which belongs to the first category has limited

application and merely binds the parties to the agreement

but the settlement belonging to the second category has

an extended application since it is binding on all parties to

the industrial dispute, to all others who are summoned to

appear in the conciliation proceedings and to all persons

employed in the establishment or part of the establishment

as the case may be to which the dispute related on the

262

THE GAZETTE OF INDIA : JANUARY 17, 2015/PAUSA 27, 1936

[PART II—SEC. 3(ii)]

date of the dispute and to all others who joined the

establishment thereafter.

25.

Though it has been stated by the counsel for the

petitioner that the settlement has been entered into by the

concerned petitioners directly and not through the Union

and therefore Section-18(3) of the Act will not be applicable

to the present case, I do not find any distinction made in

the Section whether the party is the Union or the

individual workman concerned. The section merely states

that if the settlement has been arrived at in the course of

conciliation proceedings under the Act, the same shall be

binding on all the parties to the dispute and even on

all other parties summoned to appear in the proceedings

as parties to the dispute unless they were summoned

without proper cause. However, Section-18(3) of the Act

is not relevant or applicable in the present case for the

reason that the settlement entered into by petitioners 6 to

11 seems to be on some other issue they have raised

subsequently, as could be seen from Ext.M9. It could be

seen from this that the concerned petitioners had wanted

to resign from the establishment and they have raised

dispute claiming resignation compensation. It was on the

basis of such dispute raised by them the settlement was

entered into by the Respondent and each of the petitioners

6 to 11 individually. What is fixed by the settlement is the

compensation payable on account of the resignation of

the concerned petitioners. The issues raised in the present

dispute were not considered in the conciliation for the

purpose of arriving at Ext. M9 settlement. So in any case

there is no question of the said settlement becoming

binding on other petitioners.

26.

However, in view of Ext. M9 settlement entered into

by the Respondent and petitioners 6 to 11 and subsequent

settlement entered into by the Respondent with petitioners

4 and 5 the dispute has been practically nonest. Out of the

11 petitioners who have raised the dispute only 3 now

remains. All others have withdrawn from the dispute raised

by them and had entered into settlement with the

Respondent. This fact also weighs very much against the

case of petitioners 1 to 3 who alone are those now

contesting the case.

27.

In view of my discussion above I find that the

petitioners are not entitled to any relief. The reference is

answered against them.

An award is passed accordingly.

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner

:

WW1, Sri K. Mohandas

WW1, Sri K. Pavadai

For the 2nd Party/Management :

MW1, Sri Michael Tait

Documents Marked:

On the petitioner’s side

Ex.No.

Date

Description

Ex.W1

June 1998

Wage slip of K. Pavadai

Ex.W2

August 1999

Wage slip of K. Pavadai

Ex.W3

May 2000

Wage slip of K. Pavadai

Ex.W4

August 2001

Wage slip of K. Pavadai

Ex.W5

January 2002

Wage slip of K. Pavadai

Ex.W6

Sept. 2003

Wage slip of K. Pavadai

Ex.W7

June 2005

Wage slip of K. Pavadai

Ex.W8

Oct. 2005

Wage slip of K. Segaran

Ex.W9

2005

ESI Cards of the petitioners

Ex.W10

Feb. 2006

Wage slip of K. Pavadai

Ex.W11

June 2008

Wage slip of K. Pavadai

Ex.W12

June 2009

Wage slip of K. Pavadai

Ex.W13

June 2010

Wage slip of K. Pavadai

Ex.W14

30.11.2010

Letter of appointment issued

by Vimkar Contractors Works

Pvt. Ltd.

Ex.W15

Feb. 2011

Wage slip of K. Krishnamurthy

Ex.W16

Feb. 2011

Wage slip of S. Veerappan

Ex.W17

May 2011

Wage slip of K. Pavadai

Ex.W18

Aug. 2011

Wage slip of A. Segaran

Ex.W19

March 2012

Wage slip of M. Selvam

Ex.W20

March 2012

Wage slip of N. Munuswamy

Ex.W21

March 2012

Wage slip of S. Manjini

Ex.W22

March 2012

Wage slip of P. Velmurugan

Ex.W23

March 2012

Wage slip of A. Periyasamy

Ex.W24

March 2012

Wage slip of G. Munusamy

Ex.W25

March 2012

Wage slip of V. Dhandapani

Ex.W26

12.06.2012

Authorization in Form F given

by the petitioners to Mr. K.

Mohandass

Ex.W27

12.06.2012

Petition given to the Assistant

Labour

Commissioner

(Central), Puducherry

Ex.W28

29.08.2012

Petition submitted by the

petitioners to the Assistant

Labour

Commissioner

(Central), Puducherry

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 17] 2015@ikS"k 27] 1936

263

Ex.W29

12.09.2012

Letter of the petitioners to the

Assistant

Labour

Commissioner (Central),

Puducherry

Ex.W30

Oct. 2012

Wage slip of A. Segaran

Ex.W31

08.11.2012

Additional petition submitted

by the petitioners to the

Assistant

Labour

Commissioner (Central),

Puducherry

Ex.W32

17.01.2013

Failure report issued by the

Assistant

Labour

Commissioner, Puducherry

Ex.W33

Feb. 2013

Wage slip of A. Segaran

Ex.W34

12.04.2013

Òrder of reference issued by

the Government of India

Ex.W35

April 2013

Wage slip of R. Pandian, worker

of Godrej Consumer Products,

Puducherry

Ex.W36

Sept. 2013

Wage slip of K. Pavadai

Ex.W37

Sept. 2013

Wage slip of A. Segaran

Ex.W38

06.11.2013

Letter sent by A. Segaran, K.

Pavadai and K. Krishnamurthy

to

the

Respondent

Management under registered

post acknowledgement due

Ex.W39

14.11.2013

Returned envelope containing

the aforesaid letter

Ex.W40

Nov. 2008

Wage slip of K. Pavadai

Ex.W41

March 2002

Wage slip of K. Pavadai

Ex.W42

June 2002

Wage slip of K. Pavadai

Ex.W43

July 2004

Wage slip of K. Pavadai

Ex.W44

16.07.2005

College fee receipt of P.

Padmanabhan, Son of A.

Pavadai

Ex.W45

Oct. 2006

Wage slip of K. Pavadai

Ex.W46

May 2007

Wage slip of K. Pavadai

Ex.W47

Feb. 2009

Wage slip of K. Pavadai

Ex.W48

April 2009

Wage slip of K. Pavadai

Ex.W49

Aug. 2009

Wage slip of K. Pavadai

Ex.W50

09.10.2009

Fee details of K. Chitra,

daughter of K. Krishnamurthy

Ex.W51

Nov. 2009

Wage slip of K. Pavadai

Ex.W52

11.10.2011

Electricity

bill

of

K.

Krishnamurthy (in the name of

his wife, K. Padma) for August

2011

Ex.W53

Dec. 2011

Wage bill of S. Chandrasekhar

of Rangoli, Auroshilpam

Ex.W54

10.05.2012

Electricity

bill

of

K.

Krishnamurthy (in the name of

his wife, K. Padma) for March

2012

Ex.W55

12.06.2012

Electricity

bill

of

K.

Krishnamurthy (in the name of

his wife, K. Padma) for April

2012

Ex.W56

29.06.2012

College for receipt of P.

Partheepan, S/o A. Pavadai

Ex.W57

Aug 2012

Wage bill of S. Chandrasekar

of Rangoli, Auroshilpam

Ex.W58

Sep. 2012

Wage bill of S. Chandrasekar

of Rangoli, Auroshilpam

Ex.W59

14.02.2013

Water bill of A. Segaran

Ex.W60

16.04.2013

Water bill of K. Krishnamurthy

(in the name of his wife, K.

Padma) for the period from

Oct.-Dec. 2012

Ex.W61

29.05.2013

Electricity

bill

of

K.

Krishnamurthy (in the name of

his wife, K. Padma) for March

2013

Ex.W62

19.06.2013

Experience certificate issued

by Agaram Enterprises Pvt.

Ltd. to P. Elumalai

Ex.W63

18.07.2013

Fee details of K. Chitra,

daughter of K. Krishnamurthy

Ex.W64

14.08.2013

Electricity bill of A. Segaran

Ex.W65

Aug. 2013

Wage bill of Jagathapraban, a

worker of P.L. Haulwel Trailors

Ltd., Puducherry

Ex.W66

02.09.2013

Water bill of K. Krishnamurthy

(in the name of his wife, K.

Padam) for January to June

2013

Ex.W67

18.09.2013

Electricity bill of A. Segaran

Ex.W68

19.11.2013

Cooking gas bill of K.

Krishnamurthy

Ex.W69

04.12.2013

Cooking gas bill of K.

Krishnamurthy

Ex.W70

09.12.2013

Rice bill of A. P

avadai

Ex.W71

10.12.2013

Grocery bill of A. Pavadai

Ex.W72

13.12.2013

Cooking gas bill of A. Segaran

264

THE GAZETTE OF INDIA : JANUARY 17, 2015/PAUSA 27, 1936

[PART II—SEC. 3(ii)]

Ex.W73

27.12.2013

Cooking gas bill of A. Segaran

Ex.W74

27.12.2013

Grocery bill of A. Segaran

Ex.W75

08.11.2013

Industrial Dispute raised by the

petitioners against the alleged

closure

Ex.W76

11.02.2014

Rejoinder statement filed by

the petitioners in the said

Industrial Dispute

On the Management’s side

Ex.No.

Date

Description

Ex.M1

Sept. 2012

Wage details of an employee

in Rangoli Auroshilpam,

Auroville

Ex.M2

Oct. 2012

Wage details of Mr. A. Segaran

for the month of October, 2012

Ex.M3

March 2011

Register of wages for the

month of March 2011

Ex.M4

March 2012

Register of wages for the

month of March 2012

Ex.M5

March 2013

Register of wages for the

month of March 2013

Ex.M6

14.01.2005

Details of bonus payments

made during Pongal in 2005

Ex.M7

05.11.2010

Details of half-yearly bonus

payments

made

during

13.11.2012 Deepavali and

Pongal for the year 2010-12

Ex.M8

01.04.2010

Details of export sales

transactions

of

Filaure

Auroshilpam

Ex.M9

22.11.2012

Memoranda of Settlement

under Section 12(3) of the

Industrial Disputes, Act, 1947

Ex.M10

31.10.2013

Letter addressed by the

Respondent

to

Mr. V.

Dhandapani offering the final

settlement as per the Industrial

Disputes Act, 1947

Ex.M11

31.10.2013

Letter addressed by the

Respondent to Mr. M. Selvam

offering the final settlement as

per the Industrial Disputes

Act, 1947

Ex.M12

12.11.2013

Letter addressed to the

Respondent by the 4th

Petitioner relinquishing claims

Ex.M13

12.11.2013

Letter addressed to the

Respondent by the 5th

Petitioner relinquishing claims

Ex.M14

10.12.2004

Revision of Minimum wages

for employment in Tailoring

Industry

Ex.M15

22.11.2012

Memorandum of Settlement

under Section 12(3) of the

Industrial Disputes Act, 1947

Ex.M16

31.10.2013

Intimation of closure of

“Filaure” and Statement of

Reasons for closure

Ex.M17

12.11.2013

Letter addressed to the

Respondent by the 4th

Petitioner relinquishing claims

Ex.M18

12.11.2013

Letter addressed to the

Respondent by the 5th

Petitioner relinquishing claims

ubZ fnYyh] 9 tuojh] 2015

dk-vk- 129-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

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

fuxe fyfeVsM vkSj nwljksa ds izcaèkra=k ds lac¼ fu;kstdksa vkSj

muds deZdkjksa ds chp vuqcaèk esa fu£n"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vfèkdj.k@Je U;k;ky;] psUubZ ds iapkV

(lanHkZ la[;k 30@2013) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj

dks 08@01@2015 dks izkIr gqvk FkkA

¹la- ,y&40011@30@2012&vkbZvkj (Mh;w)º

ih- ds- os.kqxksiky] MsLd vf/dkjh

New Delhi, the 9th January, 2015

S.O.

129.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 30/2013)

of the Central Government Industrial Tribunal-cum-Labour

Court, Chennai as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of the Bharat Sanchar Nigam Limited &

Others, and their workmen, which was received by the

Central Government on 08/01/2015.

[No. L-40011/30/2012-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL- CUM - LABOUR

COURT, CHENNAI

Wednesday, the 17th December, 2014

Present : K. P. PRASANNA KUMARI, Presiding Officer

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 17] 2015@ikS"k 27] 1936

265

Industrial Dispute No. 30/2013

(In the matter of the dispute for adjudication under

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

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

between the Management of Bharat Sanchar Nigam Ltd.

and another and their workman)

BETWEEN :

The District Secretary

:

1st Party/Petitioner

Tamil Manil Telecom Contract

Union

Labour Union

C/o Bharat Sanchar Nigam Ltd.

Cuddalore

AND

1. The Executive Engineer (E)

:

2nd Party/1st Respondent

BSNL Electrical Division-II,

Block-3/D3

RGMTTC GST Road,

Meenambakkam Chennai-600027

2. M/s Air Cool Engineers

:

2nd Party/2nd Respondent

(Contractor)

No. 24, Deivanayagam Street,

Nungambakkam

Chennai-600034

Appearance :

For the 1st Party/Petitioner

:

M/s. S. Anbalagan,

Advocates

For the 2nd Party/

:

M/s. P. Srinivasan,

1st Management

Advocates

For the 2nd Party/

:

M/s. N. Nithianandam,

2nd Management

Advocates

AWARD

The Central Government, Ministry of Labour &

Employment vide its Order No. L-40011/30/2012-IR(DU)

dated 28.02.2013 referred the following Industrial Dispute

to this Tribunal for adjudication.

The schedule mentioned in that order is :

“Whether the action of the management of BSNL

and their Contractor, M/s. Air Cool Engineers in

terminating the service of Sri C. Ramanathan w.e.f.

05.09.2012 is legal and justified? If not, what relief

the workman is entitled to?”

2.

On receipt of Industrial Dispute this Tribunal has

numbered it as ID 30/2013 and issued notices to both sides.

Both sides have entered appearance through their counsel

and filed Claim and Counter Statement respectively.

3.

The averments in the Claim Statement filed by the

petitioner in brief are these:

The Petitioner Union is espousing the cause of the

workman, Sri C. Ramanathan employed under the

Respondents. Ramanathan, the concerned workman has

joined the First Respondent as Lineman/Helper on

16.07.2003. He has Diploma in ITI Electrician Trade. The

First Respondent has numerous Telephone Exchanges,

Administrative Offices and AC Plants for its smooth

functioning. The maintenance of AC Package Units were

given to Contractors periodically by the First Respondent.

Initially the First Respondent had engaged Ramanathan,

the concerned workman directly for doing pillar work, cable

laying, data entry, etc. He was later engaged by the First

Respondent through the Contractor by name Cooltech

Contractors for maintenance work in the AC Plant of the

1st Respondent at Virudhachalam. The concerned workman

was working continuously in the above unit under various

Contractors. Though the Contractors changed

periodically, the concerned workman continued to work

under the First Respondent. He was to maintain the

temperature of AC unit, check the temperature every one

hour and rectify in case of any problem. The employment

was perennial in nature. Till his termination, the concerned

workman had rendered unblemished service to the

satisfaction of the First Respondent. The Second

Respondent was awarded the contract for two years from

January 2012 to January 2013. The concerned workman

was given duty at Virudhachalam plant. Though the duty

was to be for 8 hours only, the concerned workman was

forced to work 12 hours continuously and yet overtime

allowance was not paid. If any other workman was absent

he had to continue his work for 24 hours or even till the

reliever came. The Second Respondent has refused to pay

minimum wages as per law. Earlier the Second Respondent

used to deposit the wages in the bank account of the

workman. When he demanded minimum wages he started

paying salary in cash after getting signature in blank

vouchers. On 03.09.2012 the Second Respondent called

the concerned workman and informed him that he has been

terminated from service. When he went for work on the

next day, the Sub-Divisional Engineer informed that he

has been substituted by another person. Since the work

performed by the concerned workman was perennial in

nature and the engagement was against the provisions of

CLRA Act and the contract between the First and Second

Respondent being sham and bogus, the termination is

illegal and unjustified. An award may be passed holding

that the contract is sham and bogus, that the action of the

Management and Contractor in terminating the services

of the workman is illegal and unjustified and consequently

directing the First Respondent to reinstate the workman

in service with backwages and all other attendant benefits.

4.

The Second Respondent has filed Counter Statement

contending as follows:

The concerned workman is a contractual worker

working under various Contractors from time to time.

266

THE GAZETTE OF INDIA : JANUARY 17, 2015/PAUSA 27, 1936

[PART II—SEC. 3(ii)]

The Contractor had been engaging skilled person to

repair AC Package Units. The claim of the workman that

he was rectifying the problems is not correct. There was

no employer-employee relationship between the workman

and the First Respondent. The job of the workman was

switching off and switching on the AC Package Units which

does not require any skill. The First Respondent did not

engage the workman directly. Being the principal employer

the First Respondent can only ensure that the workman is

drawing not less than minimum wages as fixed by the

Central Labour Authority for contractual workers from time

to time. It is incorrect to state that the Second Respondent

to whom the contract was awarded has no valid license.

The petitioner is not entitled any relief against the First

Respondent.

5.

The Second Respondent has filed Counter Statement

contending as below:

The First Respondent engages private contractors

for executing the work in its seven AC Package Units and

the Contractor in turn engages contract workers in

accordance with the provisions of CLRA Act. The Second

Respondent was awarded the work by contract dated

07.12.2011 for a period of two years. The Second

Respondent is having valid license under the CLRA Act.

The contract workers engaged by the Second Respondent

are paid wages as fixed under the Minimum Wages Act

and given other benefits also. The concerned worker was

engaged as a contract worker alongwith other workers for

execution of the work. He was working as an unskilled

worker. He stopped reporting from duty from 05.09.2012

without informing the Second Respondent. The nature of

work of the concerned workman was not perennial as

alleged in the Claim Statement. The petitioner is not entitled

to any relief.

6.

The evidence in the case consists of oral evidence

of WW1 and MWs 1 and 2 and documents marked as

Ext.W1 to Ext.W11 and Ext.M1 to Ext.M3.

7.

The point for consideration is:

Whether the concerned workman is entitled to be

reinstated in the service of the First Respondent?

The Point

8.

According to the petitioner Ramanathan, the

concerned workman has worked for the First Respondent

under different Contractors for the maintenance work of

Air-Condition Plants at Viruddachalam. According to him

though the Contractors have changed periodically, he was

working continuously under the First Respondent. His

work was to maintain the temperature of the AC unit at a

particular level, check the temperature every one hour,

rectify problems if any and maintain the unit. According

to the petitioner, even though salary was paid by the

Contractors, the worker was controlled by the Sub-

Divisional Engineer or other Officers of the Respondent.

They were giving instructions to him as to what is to be

done. They were recommending action to be taken against

the contract workers if they committed any misconduct.

The Second Respondent who was awarded the contract

for the period from January 2012 to December 2013 has

given him duty at Viruddachalam. Though, duty was round

the clock only two persons were allotted in the unit of

Viruddachalam and the concerned worker was forced to

work 12 hours a day even without any overtime allowance.

According to the petitioner the work done by Ramanathan,

the workman was perennial in nature. The Second

Respondent is said to have threatened him when he

demanded minimum wages. He is said to have informed

Ramanathan on 03.09.2012 that he has been terminated

from service. According to the petitioner the engagement

was against the provisions of CLRA Act also. The

petitioner has contended that the contract between the

First and Second Respondent is sham and bogus and the

action of the First and Second Respondent in terminating

the service of Ramanathan is illegal and unjustified. He is

seeking an order to reinstate him in service with back

wages and other benefits.

9.

The case that is advanced by the First Respondent

is that there was never employer-employee relationship

between Ramanathan and the First Respondent. The

Second Respondent also has stated in the Counter

Statement that he has engaged the concerned workman

for work, he being the Contractor for two years, for the

maintenance of AC Package Units at Cuddalore and other

six centres.

10.

The Union Secretary has given evidence as WW1

asserting that the concerned workman started to work with

the First Respondent through a Contractor in the year

2006 and that he was throughout working for the First

Respondent even though the Contractors changed

periodically during this time. The concerned workman has

also given evidence as WW2, asserting the case in the

petition.

10.

It could be seen from the Counter Statement filed by

the First Respondent that the case of the petitioner that

Ramanathan was working for the First Respondent

throughout from 2006 is not denied. The only case is that

it was as engaged by the Contractors he was working and

there was no employer-employee relationship between

them.

11.

During his examination the Second Respondent has

admitted that there was issue between him and the

workman in the matter of minimum wages and it was

brought before the Regional Labour Commissioner. He

was asked to pay difference in wages, overtime wages

and compensation. According to him he has filed appeal

against this order and he has obtained a stay of the

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 17] 2015@ikS"k 27] 1936

267

execution of the order also. The case of the workman is

that the Second Respondent has been threatening him in

this respect and ultimately he was not allowed to continue

in the work.

12.

In support of his contention that the contract

between the First and Second Respondents is bogus, one

argument that is advanced by the counsel for the petitioner

is that the Second Respondent has no license under CLRA

Act to enter into the contract. The Second Respondent

has produced Ext.M1 said to be the certificate of

registration under the CLRA Act. It is pointed out by the

counsel for the petitioner that this document will not show

that the Second Respondent has got necessary license.

According to him, in the absence of license produced by

the Second Respondent, Ext.M2 the contract between the

First and Second Respondent for maintenance of the

seven AC units of the First Respondent is to be treated as

sham and nominal. The counsel has referred to the decision

of the Karnataka High Court in FOOD CORPORATION

OF INDIA LORRY WORKERS UNION VS. FOOD

CORPORATION OF INDIA reported in 1987 1 LLJ 407 and

also decision of the Gujarat High Court in FOOD

CORPORATION OF INDIA EMPLOYEES UNION VS.

FOOD CORPORATION OF INDIA AND OTHERS reported

in 1990 1 GLR 384 where it was held that a worker who

works for a principal employer to whom the provisions of

the CLRA Act are attracted is to be treated as the worker

of the employer unless the establishment has secured a

certificate of registration and it had employed contract

labour through a licensed Contractor. However, these

decisions are against the dictum laid down by the Apex

Court in this respect. In the decisions in NATIONAL

THERMAL POWER CORPORATION AND OTHERS VS.

BADRI SINGH THAKUR AND OTHERS reported in 2009

1 LLJ 198 and MUNICIPAL CORPORATION OF GREATER

MUMBAI VS. SHRAMIK SANGH AND OTHERS reported

in 2002 2 LLJ 544 it has been laid down that the conclusion

that the contract was sham or it was only a camouflage

cannot be arrived at as a matter of law for non-compliance

of the provisions of CLRA Act but a finding must be

recorded based on evidence, particularly when disputed

by an industrial adjudicator. So the argument that the

contract between the First and Second Respondents is

sham and nominal in the absence of license for the Second

Respondent is not available for the petitioner.

13.

Irrespective of whether registration certificate was

obtained by the principal employer under CLRA Act or

whether license was obtained by the Contract under the

said Act, based on evidence, it is to be decided whether

the contract is sham and nominal. One aspect that has

been pointed out by the counsel on behalf of the petitioner

is that the work done by the concerned workman is

perennial in nature. On going through the counter

statement of the Respondents, it could be seen that there

is not even a contention for the Respondents that the

work is not perennial in nature. The duty of the concerned

workman and such others engaged for the First

Respondent was the maintenance of AC Package Units.

Of course, there is a contention for the Respondents that

the petitioner was not doing any skilled work but he was

only switching of and switching on the AC units. According

to the Respondents, maintenance used to be done by some

other person. At the same time though the petitioner has

contended in the Claim Statement itself that he has

completed ITI in AC Mechanic trade, this is not specifically

denied in the Counter Statements. Even assuming that the

petitioner was not doing any maintenance work it is very

much clear that the work was perennial in nature. Unless

the AC units are working non-stop the First Respondent

would not be able to provide uninterrupted service of

telecommunications. The petitioner has alleged in the

Claim Statement that even though the units are to function

round the clock only two persons including the concerned

workman were engaged at Viruddachalam and he was

forced to work 12 hours a day even without any overtime

allowance. It is very much clear from the admission of

MW1 itself that the petitioner had been working 12 hours

a day. He has stated during his cross-examination that

apart from the usual 8 hours the workers will be working

four hours overtime also. This admission by the Second

Respondent makes it clear that the AC units were working

round the clock and the concerned workman and his co-

worker had to work continuously for 24 hours. It is clear

from this that the work done by the petitioner was perennial

in nature.

14.

Now the question to be considered is who was

controlling and supervising the workman and who was

paying him. It could be seen from the very averment in the

claim Statement that wages used to be paid to him by the

Contractor. Himself and others have proceeded against

the Second Respondent for not paying minimum wages.

However, there is sufficient evidence to show that the

control of the workman was by the First Respondent itself.

As already stated the concerned workman had been

working with the First Respondent irrespective of the

change in contract and change in the Contractors. He has

started to work with the First Respondent in the year 2006.

Even though different Contractors came and left, he

continued to work for the First Respondent until he was

prevented from work by the Second Respondent. This

would show that the engagement of the workman was in

fact not on the basis of the contract but he was accepted

by the First Respondent throughout as a worker, whoever

was the Contractor. In Ext.W6 the reply given by the First

Respondent under the Right to Information Act, the First

Respondent has stated that though only 15 workers are

engaged and so contract need not be covered under the

Provident Fund and ESI Acts, they are taking care of the

above benefits in respect of the persons engaged. This

268

THE GAZETTE OF INDIA : JANUARY 17, 2015/PAUSA 27, 1936

[PART II—SEC. 3(ii)]

would show that the First Respondent was directly taking

care of the affairs of those who were engaged.

15.

The Second Respondent has stated during his cross-

examination that there were 10 workers at Cuddalore under

him and the concerned workman was employed as AC

Operator. He had claimed that the workman was working

under his instruction. However he was the Contractor for

four other units also. He also stated that there was no

need for day-to-day instructions for the workers since

their duty was only to switch on and switch of the AC

units. This would show that he is not exercising any control

over the workman. This would also show that whatever

control required was exercised by the Officers of the First

Respondent and not the Second Respondent. It could be

seen that in spite of the perennial nature of the work the

First Respondent was executing contract with different

persons as a camouflage only to deny the deserving

benefits to the concerned workman and others of his kind.

It is very much clear from the evidence that unless the AC

units are made to work continuously the First Respondent

would not be able to function. This very perennial nature

of the work would show that the contracts were meant

only as camouflage.

16.

The concerned workman had worked with the First

Respondent continuously from the year 2006 though

nominally under different Contractors. Since the contract

between the First and Second Respondent is found to be

camouflage the concerned workman is to be treated as a

worker directly employed by the First Respondent. He

seems to have been turned out of work for no valid reason

so he is entitled to be reinstated in service by the First

Respondent. However, he would not be entitled to any

back wages.

17.

In view of my discussion above, the First Respondent

is directed to reinstate Ramanathan, the concerned

workman in service within a month.

An award is passed accordingly.

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner

: WW1, Sri S. Anandhan

WW2, Sri C. Ramanathan

For the 2nd Party/Management : MW1, Sri K. Veera

Documents Marked:

On the petitioner’s side

Ex.No.

Date

Description

Ex.W1

20.05.2009

Notification issued by Central

Government regarding revision

of minimum rates of wages

Ex.W2

12.05.2010

Letter of the First Respondent

adopting the notification dated

20.05.2009

Ex.W3

26.04.2012

Reply given by the First

Respondent

Ex.W4

03.10.2012

Reply filed by BSNL before

Asstt. Commissioner of

Labour

Ex.W5

05.11.2012

Application filed by Minimum

Wages Act by the Union

Ex.W6

22.05.2012

Strike Notice issued by the

Union

Ex.W7

29.05.2012

Letter by Asstt. Commissioner

of Labour to the First

Respondent

Ex.W8

03.12.2012

Failure report

Ex.W9

20.11.2009

Service Certificate issued by

the First Respondent

Ex.W10

-

Attendance Register

Ex.W11

-

Bank Statement of the

petitioner

On the Management’s side

Ex.No.

Date

Description

Ex.M1

07.07.2011

Certificate of registration for

CLRA Act 1970 issued to the

2nd Respondent

Ex.M2

29.09.2011

Tender notification issued by

the 1st Respondent

Ex.M3

07.12.2011

Agreement entered into

between the 1st Respondent

and the 2nd Respondent.

ubZ fnYyh] 12 tuojh] 2015

dk-vk- 130-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

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

bafLVV~;wV vkWiQ ck;ks&,uthZ] gYnokuh ds izcaèkra=k ds lac¼ fu;kstdksa

vkSj muds deZdkjksa ds chp vuqcaèk esa fu£n"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;&1] paMhx<+

ds iapkV (lanHkZ la[;k 94@2014) dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 12@01@2015 dks izkIr gqvk FkkA

¹la- ,y&14012@18@2014&vkbZvkj (Mh;w)º

ih- ds- os.kqxksiky] MsLd vf/dkjh

New Delhi, the 12th January, 2015

S.O.

130.—In pursuance of Section 17 of the

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

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 17] 2015@ikS"k 27] 1936

269

Government hereby publishes the Award (I.D. No. 94/2014)

of the Central Government Industrial Tribunal-cum-Labour

Court-1, Chandigarh now as shown in the Annexure in the

Industrial Dispute between the employers in relation to

the management of the Defence Institute of Bio-Energy,

Haldwani, and their workmen, which was received by the

Central Government on 12/01/2015.

[No. L-14012/18/2014-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE SHRI SURENDRA PRAKASH SINGH,

PRESIDING OFFICER, CENTRAL GOVT.

INDUSTRIAL TRIBUNAL- CUM- LABOUR

COURT-1, CHANDIGARH.

Case No I.D 94/2014

Shri Siwn Singh Routela

C/O Diwan singh Routela son of

Shri Pratap Singh Routela,

Resident of Village Chharayat,

P.O. Manpur North Haldwani,

Nainital.

...Workman

Versus

1. The Director,

Defence Institute of Bio-Energy,

Haldwani.

...Respondent

Appearances :

For the workman

:

None

For the management

:

Shri Umesh Chander Joshi

AWARD

Passed on 18.12.2014

Central Govt. vide notification No.L-14012/18/2014

(IR(DU), dated 04.07.2014 has referred the following

dispute to this Tribunal for adjudication:

“Whether the action of the management of

M/s. Milan Thapa Security Agency over the issue

of alleged illegal termination of services of Shri Siwn

Singh Routela w.e.f. 1.06.2013 is legal and justified?

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

2.

On receipt of the reference, the notices were issued

to the parties. None has put up appearance on behalf of

the workman nor any claim statement has been filed by

him. The representative of the management is present.

Already many opportunities have been given to the

workman but none has put up appearance. In views of the

above, this Tribunal has no option otherwise then to return

the reference for non-prosecution. Accordingly, the

reference is returned as such.

Chandigarh.

18.12.2014

S. P. SINGH, Presiding Officer

ubZ fnYyh] 12 tuojh] 2015

dk-vk- 131-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

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

fuxe fyfeVsM] iQjhnkckn ds izcaèkra=k ds lac¼ fu;kstdksa vkSj

muds deZdkjksa ds chp vuqcaèk esa fu£n"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;&1] paMhx<+

ds iapkV (lanHkZ la[;k 118@2013) dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 12@01@2015 dks izkIr gqvk FkkA

¹la- ,y&40011@53@2013&vkbZvkj (Mh;w)º

ih- ds- os.kqxksiky] MsLd vf/dkjh

New Delhi, the 12th January, 2015

S.O.

131.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 118/

2013) of the Central Government Industrial Tribunal-cum-

Labour Court-1, Chandigarh now as shown in the

Annexure in the Industrial Dispute between the employers

in relation to the management of the Bharat Sanchar Nigam

Limited, Faridabad and their workmen, which was received

by the Central Government on 12/01/2015.

[No. L-40011/53/2013-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE SHRI SURENDRA PRAKASH SINGH,

PRESIDING OFFICER, CENTRAL GOVT.

INDUSTRIAL TRIBUNAL-CUM-LABOUR

COURT-I, CHANDIGARH

Case No. ID 118 of 2013 . Reference

No. L-40011/53/2013/IR(DU)dated 29.10.2013

Shri Shiv Kumar son of Shri Amilala

C/o Shri Hoob Lal Yadav,

General Secretary Mercantile

Employees Association ,

530-Near Prem Public School,

Dayal Nagar PO Amar Nagar,

Faridabad-121007 (Haryana).

...Workman

Versus

1. The General Manager,

BSNL, Telephone Exchange,

Sector-15-A, Faridabad.

...Respondent

Appearances :

For the Workman

:

None

For the Management

:

None

270

THE GAZETTE OF INDIA : JANUARY 17, 2015/PAUSA 27, 1936

[PART II—SEC. 3(ii)]

AWARD

Passed On:-30.12.2014

Government of India Ministry of Labour vide

notification No. L-40011/53/2013/IR(DU)dated 29.10.2013

has referred the following dispute to this Tribunal for

adjudication:

Term of Reference:

“Whether the action of the management of Bharat

Sanchar Nigam Ltd. ( BSNL), Faridabad, Haryana

in terminating the services of Shri Amar Singh son

of Shri Shiv Kumar son of Amilala, ex-peon w.e.f. 06-

04-2012 is legal and justified? To what relief the

workman is entitled to and from what date?”

2.

Case repeatedly called. Despite repeated

opportunities, none appeared for the workman nor any

claim statement has been filed. The case was received

from the Ministry of Labour in the month of October 2013.

From the very first date, neither workman nor any of his

representatives appeared. A letter dated 4.12.2013

addressed to the Ministry of Labour has been received

from the workman for transferring his case from CGIT-I,

Chandigarh to CGIT-II, Delhi. Since then neither workman

appeared nor any claim statement has been filed by him.

In the circumstances no purpose would be served in

keeping the case pending with this court. In view of the

above, the present reference is returned for want of

prosecution.

3.

Reference is answered accordingly.

Chandigarh.

30.12.2014

S. P. SINGH, Presiding Officer

ubZ fnYyh] 12 tuojh] 2015

dk-vk- 132-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

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

fuxe fyfeVsM] iQjhnkckn ds izcaèkra=k ds lac¼ fu;kstdksa vkSj

muds deZdkjksa ds chp vuqcaèk esa fu£n"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;&1] paMhx<+

ds iapkV (lanHkZ la[;k 117@2013) dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 12@01@2015 dks izkIr gqvk FkkA

¹la- ,y&40011@60@2013&vkbZvkj (Mh;w)º

ih- ds- os.kqxksiky] MsLd vf/dkjh

New Delhi, the 12th January, 2015

S.O.

132.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 117/

2013) of the Central Government Industrial Tribunal-cum-

Labour Court-1, Chandigarh now as shown in the Annexure

in the Industrial Dispute between the employers in relation

to the management of the Bharat Sanchar Nigam Limited,

Faridabad and their workmen, which was received by the

Central Government on 12/01/2015.

[No. L-40011/60/2013-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE SHRI SURENDRA PRAKASH SINGH,

PRESIDING OFFICER, CENTRAL GOVT.

INDUSTRIAL TRIBUNAL-CUM-LABOUR

COURT-I, CHANDIGARH

Case No. ID 117 of 2013 . Reference

No. L-40011/60/2013/IR(DU)dated 28.10.2013

Shri Amar Singh

son of Shri Bhule Ram

C/o Shri Hoob Lal Yadav,

General Secretary Mercantile

Employees Association ,

530-Near Prem Public School,

Dayal Nagar PO Amar Nagar,

Faridabad-121007 (Haryana).

...Workman

Versus

1. The General Manager,

BSNL, Telephone Exchange,

Sector-15-A, Faridabad.

...Respondent

Appearances :

For the Workman

:

None

For the Management

:

None

AWARD

Passed On:-30.12.2014

Government of India Ministry of Labour vide

notification No. L-40011/60/2013/IR(DU) dated 28.10.2013

has referred the following dispute to this Tribunal for

adjudication:

Term of Reference:

“Whether the action of the management of Bharat

Sanchar Nigam Ltd. ( BSNL), Faridabad, Haryana

in terminating the services of Shri Amar Singh son

of Shri Bhule Ram, ex-guard w.e.f. 01-09-2002 is legal

and justified? To what relief the workman is entitled

to and from what date?”

2.

Case repeatedly called. Despite repeated

opportunities, none appeared for the workman nor any

claim statement has been filed. The case was received

from the Ministry of Labour in the month of October 2013.

From the very first date, neither workman nor any of his

representatives appeared. A letter dated 4.12.2013

addressed to the Ministry of Labour has been received

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 17] 2015@ikS"k 27] 1936

271

from the workman for transferring his case from CGIT-I,

Chandigarh to CGIT-II, Delhi. Since then neither workman

appeared nor any claim statement has been filed by him.

In the circumstances no purpose would be served in

keeping the case pending with this court. In view of the

above, the present reference is returned for want of

prosecution.

3.

Reference is answered accordingly.

Chandigarh.

30.12.2014

S. P. SINGH, Presiding Officer

ubZ fnYyh] 12 tuojh] 2015

dk-vk- 133-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

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

,DokdYpj] Hkqous'oj ds dsUnzh; laLFkku 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;]

Hkqous'oj ds iapkV (lanHkZ la[;k 9@2009) dks izdkf'kr djrh gS]

tks dsUnzh; ljdkj dks 12@01@2015 dks izkIr gqvk FkkA

¹la- ,y&42011@4@2006&vkbZvkj (Mh;w)º

ih- ds- os.kqxksiky] MsLd vf/dkjh

New Delhi, the 12th January, 2015

S.O.

133.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 9/2009)

of the Central Government Industrial Tribunal-cum-Labour

Court, Bhubaneswar now as shown in the Annexure in the

Industrial Dispute between the employers in relation to

the management of the Central Institute of Freshwater

Aquaculture, Bhubaneswar and their workmen, which was

received by the Central Government on 12/01/2015.

[No. L-42011/4/2006-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT

BHUBANESWAR

Present : Shri PRADEEP KUMAR, Presiding Officer,

C.G.I.T.-cum-Labour Court, Bhubaneswar.

INDUSTRIAL DISPUTE CASE NO. 9/2009

L-42011/4/2006 -IR(DU), dated 13.02.2009

Date of Passing Award – 22nd day of December, 2014

Between :

The Director,

Central Institute of Freshwater

Aquaculture, Kausalyaganga,

Bhubaneswar-2

1st Party-Management

AND

The General Secretary,

Central Fisheries Research

Employees Association,

Kausalyaganga, Bhubaneswar

2nd Party-Union.

Appearances :

1. Shri P. K. Sethy

For the 1st Party

Asst. Administrative Officer Management

2. Shri S. C. Khuntia

For the 2nd Party- Union

AWARD

The Government of India in the Ministry of Labour

& Employment has referred the present dispute existing

between the employers in relation to the Management of

The Director, Central Institute of Freshwater

Aquaculture,Bhubaneswar and their workman represented

through the General Secretary, Central Fisheries Research

Association,Bhubaneswar in exercise of the powers

conferred under clause (d) of sub-section (1) and sub-

section 2(A) of section 10 of the Industrial Disputes Act,

1947 vide their Letter No. L-41011/4/2006-IR(DU), dated

16.11.2007 to this Tribunal for adjudication pursuant to

orders of the Hon’ble High Court of Odisha in writ petition

No. 8101/2007. The dispute as referred to has been

mentioned under the schedule of the order of reference

which is quoted below.

“Whether the demand of the Central Fisheries

Research Employees Association for allotment of a

room for carrying out their union activities, from the

management of Central Institute of Freshwater

Aquaculture, is legal and justified? If yes, to what

relief the workmen are entitled to”

2.

Before going into the merits of the case, it is pertinent

to interpret the schedule of reference. The matter is to

answer the legality and justification of the demand of the

Central Fisheries Research Employees Association (in

short “CFREA”) for allotment of a room in their favour by

the Management of Central Institute of Freshwater

Aquaculture (CIFA) to undertake their union activities. It

appears that the parties have pleaded not in accordance

with the terms of reference and this tribunal cannot go

beyond the terms of reference. This Tribunal enjoys the

jurisdiction to matters of industrial disputes only which is

coming under the definition of Section 2(k) of the Industrial

Disputes Act, 1947 (In short “the Act”). Section 2(k) of

the Act defines as follows.

“Industrial Dispsute” means any dispute or

difference between employers and employers, or

between employers and workmen, or between

workmen and workmen, which is connected with

the employment or non-employment or the terms of

272

THE GAZETTE OF INDIA : JANUARY 17, 2015/PAUSA 27, 1936

[PART II—SEC. 3(ii)]

employment, or with the conditions of labour, of

any persons.

3.

The above referred dispute for non-allotment of a

room in favour of the 2nd party union to carry out their

union activities is not connected with the employment or

non-employment, or the terms of employment, or with the

conditions of labour, of any persons. Since, the dispute

doesnot satisfy the conditions laid down in Section 2(k)

of the Act, the same cannot be treated as an industrial

dispute.

4.

Accordingly, the dispute cannot be adjudicated as

this Tribunal lacks jurisdiction. Hence, the matter is

returned back to the Ministry unanswered.

PRADEEP KUMAR, Presiding Officer

ubZ fnYyh] 12 tuojh] 2015

dk-vk- 134-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

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

fuxe fyfeVsM] vksfM'kk 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;] Hkqous'oj ds iapkV

(lanHkZ la[;k 11@2010) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj

dks 12@01@2015 dks izkIr gqvk FkkA

¹la- ,y&40012@92@2009&vkbZvkj (Mh;w)º

ih- ds- os.kqxksiky] MsLd vf/dkjh

New Delhi, the 12th January, 2015

S.O.

134.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 11/2010)

of the Central Government Industrial Tribunal-cum-Labour

Court, Bhubaneswar now as shown in the Annexure in the

Industrial Dispute between the employers in relation to

the management of the Bharat Sanchar Nigam Limited,

Odisha and their workman, which was received by the

Central Government on 12/01/2015.

[No. L-40012/92/2009-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT

BHUBANESWAR

Present : Shri PRADEEP KUMAR, Presiding Officer,

C.G.I.T.-cum-Labour Court, Bhubaneswar.

INDUSTRIAL DISPUTE CASE NO. 11/2010

L-40012/92/2009 -IR(DU), dated 31.05.2010

Date of Passing Award – 11th Day of December, 2014

Between :

The Sub-Divisional Officer,

Telecom, BSNL,

Salepur, Odisha

1st Party-Management.

And

Shri Vikash Chandra Mohapatra,

S/o-Laxmidhar Mohapatra,

Village-Arei, PO-Samitanga,

Via-Kishan Nagar, Salepur,

Odisha

2nd Party-Workman.

Appearances :

1. Shri Mahendranath Pradhan

For the 1st Party

SDE(Legal)

Management

2. Shri Vikash Chandra

For the 2nd Party

Mohapatra

Workman

AWARD

The Government of India in the Ministry of Labour

& Employment has referred the present dispute existing

between the employers in relation to the Management of

the Sub-Divisional Officer, Telecom, BSNL, Salepur,

Odisha, and their workman Shri Vikash Chandra Mohapatra

in exercise of the powers conferred under clause (d) of

sub-section (1) and sub-section 2(A) of section 10 of the

Industrial Disputes Act, 1947 (14 of 1947) vide their Letter

No. L-40012/92/2009 -IR(DU), dated 31.05.2010 to this

Tribunal for adjudication. The dispute as referred to has

been mentioned under the schedule of the letter of reference

which is quoted below.

“Whether the action of the management of Sub-

Divisional Officer, BSNL, Salepur, in terminating the

services of Shri Vikas Ch. Mohapatra w.e.f. April

2009 is legal and justified? If not, what relief the

workman is entitled to?”

2.

The 2nd party woekman (herein after referred to as

“the 2nd party”) through his statement of claim and rejoinder

has stated that he was initially engaged by the SDO, BSNL,

Salepur w.e.f. 02.07.1995 as helper. There, he was doing

various works relating to erection of electric poles, digging

of cable trench, duties of night watchman and OFC cable

repairing under a lineman with a monthly remuneration of

Rs. 500/- to Rs. 600/-. The name of the 2nd party finds place

in the list of workers at Seriel No. 162 in general list and

seriel No. 3 of Salepur Sub-Division vide letter No. E-6(13)

part/2001-2002/5 dated 12.07.2001 containing the subject

“information regarding engagement of Casual Mazdoor in

your Sub-Division”.

3.

As per the directions of the SDO(Telecom), Salepur,

the 2nd party obtained experience certificates from the

telecom officials under whom he was working as a helper.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 17] 2015@ikS"k 27] 1936

273

The experience certificates shows the duties performed

by the 2nd party like NTC, Cable Work, load pile erection

and watchman. He worked continuously since 1995 till

01.04.2009 and has completed more than 240 days of

continuous duty in each calendar year with effect from

the year 1998 to 2010. The 1st party terminated the services

of the 2nd party without following the principles of the

Industrial Disputes Act, 1947 (herein after referred to as

“the Act”) and engaged a new workman in his place namely

Shri Bijay Kumar Kandi. The 2nd party also strongly

objected the written statement filed by the 1st party citing

the reasons inter alia the same is signed and verified by an

unauthorized person. Accordingly, the 2nd party prayed

for his reinstatement with full back wages.

4.

The 1st Party Management (herein after referred to

as “the 1st party”) on the other hand in his written statement

has denied all the facts stated in the statement of claim of

the 2nd party. The 1st party has contended that there is no

record available with them that the 2nd party was ever an

workman employed under them. The 1st party also denied

of having any record with them about the letter No. E-

6(13)part/2001-02/5 dated 12.07.2001 which is alleged to

have been issued to them by the Area Manager

Telecom(city), Cuttack-cum-Chairman of the Committee.

Rather the 1st party has complained that the 2nd party has

provided such document to the 1st party which is a forged

one. The 1st party also filed certain documents alongwith

his written statement.

5.

The 1st party also denied the genuineness of the

experience certificates issued to the 2nd party and made it

clear that the 2nd party has never been issued with any

experience certificate. Moreover, no official of the telecom

department has ever signed any such experience certificate.

6.

On perusal of the record, the following issues were

framed.

a.

Whether the action of the management of Sub-

Divisional Officer, BSNL, Salepur in terminating

the services of Shri Vikar, Ch. Mohapatra w.e.f.

April, 2009 is legal and justified?

b.

If not, what relief the workman is entitled to?

7.

The 1st party has examined two witnesses on its

behalf and proved no documents. The 2nd party also

examined two witnesses and proved 06 (six) documents in

support of its case. I have heard oral arguments from the

side of both the parties. I have also perused the written

notes of arguments submitted by the parties.

FINDINGS

Issue No. 1

8.

It is very much clear from the statements made by

the 2nd party about his engagement with the 1st party as a

helper are true as per the evidence adduced and documents

proved. The 2nd party being a casual mazdoor/helper under

the 1st party, his name found place in the list of casual

mazdoors prepared by the 1st party for the consideration

of his candidature for his regular employment under the

management. The documents proved by the 2nd party are

very much lying with the 1st party as the 1st party has

produced those documents alongwith his written

statement. Moreover, it is quite unfortunate on the part of

the 1st party to deny the letter No. E-6(13)part /2001-02/5

dated 12.07.2001 issued to him by the Asst. Manager,

Telecom (city), Cuttack. Hence, the statements made by

the 1st party seems to be misleading and disbelievable.

9.

On the other hand, the 2nd party proved his case

through the documents filed by him as well as the

evidences adduced on its behalf. But, the 2nd party failed

to prove the fact of his engagement with the 1st party for

more than 240 days in the calendar year preceding the

date of his termination from services. However, since the

2nd party was engaged under the 1st party as a helper/

casual mazdoor, the outright termination of services of the

2nd party by 1st party without following the principles

enumerated in the Act is illegal and unjustified.

Issue No. 2

10.

In view of the above facts, the 1st party is directed to

restore the previous engagement of the 2nd party. Since,

the 2nd party has not extended any service to the 1st party

with effect from the date of his termination from services,

the 1st party is further directed to pay the 2nd party 25% of

the wages from the date of his disengagement till the date

of restoration of services of the 2nd party within a period of

three months from the date of publication of award in the

Gazette of India failing which the 1st party shall pay simple

interest @ 12% per annum against the wages applicable

to him. The 1st party is further directed to consider the

candidature of the 2nd party in case of any regular vacancy

suitable to the 2nd party arises in future.

11.

The reference is answered accordingly in favour of

the 2nd party workman.

PRADEEP KUMAR, Presiding Officer

Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi.110064

and Published by the Controller of Publications, Delhi-110054.