foÙk ea=ky;

¼jktLo foHkkx½

¼dsUæh; izR;{k dj cksMZ½

ubZ fnYyh] 13 ekpZ] 2015

dk-vk- 568-—loZlk/kkj.k dh tkudkjh ds fy, ,rn~}kjk ;g

vf/klwfpr fd;k tkrk gS fd dsUnz ljdkj }kjk vk;dj fu;ekoyh]

1962 ¼mDr fu;ekoyh½ ds fu;e 5x vkSj 5³ ds lkFk ifBr

vk;dj vf/kfu;e] 1961 ¼mDr vf/kfu;e½ dh /kkjk 35 dh

mi/kkjk ¼1½ ds [kaM (ii) ds iz;kstukFkZ dj fu/kkZj.k o"kZ 2014&15

vkSj blds vkxs ls laxBu Hkkjrh; izkS|ksfxdh laLFkku ¼ch ,p ;w½]

okjk.klh ¼iSu&,,,tsvkbZ 0396 vkj½ dks fuEufyf[kr 'krks± ds v/

khu vuqla/kku dk;Zdykiksa esa yxk ^^fo'ofo|ky; dkyst rFkk vU;

laLFkku** dh Js.kh esa vuqeksfnr fd;k x;k gS] vFkkZr~%—

(i) vuqeksfnr laxBu dks iznÙk jkf'k dk mi;ksx oSKkfud

vuqla/kku ds fy, fd;k tk,xk(

(ii) vuqeksfnr laxBu vius ladk; lnL;ksa vFkok vius

ukekafdr Nk=ksa ds ek/;e ls oSKkfud vuqla/kku djsxk(

(iii) vuqeksfnr laxBu oSKkfud vuqla/kku ds fy, blds }kjk

izkIr jkf'k ds laca/k esa vyx [kkrk cgh j[ksxk ftlesa

vuqla/kku djus ds fy, iz;qDr jkf'k n'kkZbZ xbZ gks] mDr

vf/kfu;e dh /kkjk 288 dh mi /kkjk ¼2½ ds Li"Vhdj.k esa

;Fkk ifjHkkf"kr fdlh ys[kkdkj ls viuh [kkrk&cgh dh ys[kk

ijh{kk djk,xk vkSj mDr vf/kfu;e dh /kkjk 139 dh mi

/kkjk ¼1½ ds varxZr vk; fooj.kh izLrqr djus dh fu;r

frfFk rd ,sls ys[kkdkj }kjk fof/kor lR;kfir ,oa gLrk{kfjr

ys[kk ijh{kk fjiksVZ ekeys esa {ks=kf/kdkj j[kus okys vk;dj

vk;qDr vFkok vk;dj funs'kd dks izLrqr djsxk(

(iv) vuqeksfnr laxBu oSKkfud vuqla/kku ds fy, izkIr nku

rFkk iz;qDr jkf'k dk vyx fooj.k j[ksxk vkSj mi;qZDr

ys[kk ijh{kk fjiksVZ ds lkFk ys[kk ijh{kd }kjk fof/kor

lR;kfir ,sls fooj.k dh izfr izLrqr djsxkA

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

REGD. NO. D. L. (N) 04/0007/2003—05

izkf/dkj ls izdkf'kr

PUBLISHED BY AUTHORITY

lkIrkfgd

WEEKLY

la- 13]

ubZ fnYyh] ekpZ 22—ekpZ 28] 2015] 'kfuokj@pS=k 1—pS=k 7] 1937

No. 13]

NEW DELHI, MARCH 22—MARCH 28, 2015, SATURDAY/CHAITRA 1—CHAITRA 7, 1937

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g i`Fkd ladyu ds :i esa j[kk tk lds

Separate Paging is given to this Part in order that it may be filed as a separate compilation

Hkkx II—[k.M 3—mi&[k.M (ii)

PART II—Section 3—Sub-section (ii)

Hkkjr ljdkj ds ea=kky;ksa (j{kk ea=kky; dks NksM+dj) }kjk tkjh fd, x, lkafof/d vkns'k vkSj vf/lwpuk,a

Statutory Orders and Notifications Issued by the Ministries of the Government of India

(Other than the Ministry of Defence)

1232 GI/2015

(1387)

1388

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

2- dsUnz ljdkj ;g vuqeksnu okil ys ysxh ;fn vuqeksfnr

laxBu%—

¼d½ iSjkxzkQ 1 ds mi&iSjkxzkQ (iii) esa mfYyf[kr vyx cgh

[kkrk ugha j[ksxk( vFkok

¼[k½ iSjkxzkQ 1 ds mi&iSjkxzkQ (iii) esa mfYyf[kr viuh ys[kk

ijh{kk fjiksVZ izLrqr ugha djsxk( vFkok

¼x½ iSjkxzkQ 1 ds mi&iSjkxzkQ (iv) esa mfYyf[kr oSKkfud

vuqla/kku ds fy, izkIr ,oa iz;qDr nku dk viuk fooj.k

izLrqr ugha djsxk( vFkok

¼?k½ viuk vuqla/kku dk;Z djuk can dj nsxk vFkok blds

vuqla/kku dk;Z dks tk;t ugha ik;k tk,xk( vFkok

¼³½ mDr fu;ekoyh ds fu;e 5x vkSj 5³ ds lkFk ifBr mDr

vf/kfu;e dh /kkjk 35 dh mi&/kkjk ¼1½ ds [kaM (ii) ds

izko/kkuksa ds vuq:i ugha gksxk rFkk mudk ikyu ugha djsxkA

[vf/klwpuk lañ 22@2015@Qkñlañ 203@07@2014&vkñdñfuñ&II]

_pk jLrksxh] voj lfpo

MINISTRY OF FINANCE

(Department of Revenue)

(CENTRAL BOARD OF DIRECT TAXES)

New Delhi, the 13th March, 2015

S.O. 568.—It is hereby notified for general information

that the organization Indian Institute of Technology (BHU),

Varanasi (PAN-AAAJI 0396R) has been approved by the

Central Government for the purpose of clause (ii) of sub-

section (1) of section 35 of the Income-tax Act, 1961 (said

Act), read with Rules 5C and 5E of the Income-tax Rules,

1962 (said Rules), from Assessment year 2014-2015 and

onwards in the category of "University College and other

Institution", engaged in research activities subject to the

following conditions, namely:—

(i)

The sums paid to the approved organization

shall be utilized for scientific research;

(ii)

The approved organization shall carry out

scientific research through its faculty members

or its enrolled students;

(iii)

The approved organization shall maintain

separate books of accounts in respect of the

sums received by it for scientific research, reflect

therein the amounts used for carrying out

research, get such books audited by an

accountant as defined in the explanation to sub-

section (2) of section 288 of the said Act and

furnish the report of such audit duly signed and

verified by such accountant to the Commissioner

of Income-tax or the Director of Income-tax

having jurisdiction over the case, by the due

date of furnishing the return of income under

sub-section (1) of section 139 of the said Act;

(iv) The approved organization shall maintain a

separate statement of donations received and

amounts applied for scientific research and a copy

of such statement duly certified by the auditor

shall accompany the report of audit referred to

above.

2. The Central Government shall withdraw the approval

if the approved organization:—

(a) fails to maintain separate books of accounts as

referred to in sub-paragraph (iii) of paragraph 1;

or

(b) fails to furnish its audit report as referred to in

sub-paragraph (iii) of paragraph 1; or

(c) fails to furnish its statement of the donations

received and sums applied for scientific research

as referred to in sub-paragrah (iv) of paragraph 1;

or

(d) ceases to carry on its research activities or its

research activities are not found to be genuine;

or

(e) ceases to conform to and comply with the

provisions of clause (ii) of sub-section (1) of

section 35 of the said Act read with rules 5C and

5E of the said Rules.

[Notification No. 22/2015/F. No. 203/07/2014-ITA-II]

RICHA RASTOGI, Under Secy.

ubZ fnYyh] 25 ekpZ] 2015

dk-vk- 569-—cSaddkjh fofu;eu vf/kfu;e] 1949 dh

/kkjk 53 }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs gq,] dsUnzh; ljdkj]

Hkkjrh; fjtoZ cSad dh flQkfj'k ij] ;g fufnZ"V djrh gS fd cSaddkjh

fofu;eu vf/kfu;e] 1949 dh /kkjk 15 dh mi&/kkjk ¼1½] vuqlwfpr

okf.kfT;d cSadksa ij ykxw ugha gksxh] tgka rd bldk laca/k Hkkjrh;

fjtoZ cSad ds 26 Qjojh] 2014 ds ifji= MhchvksMh chihchlh

lañ 98@21-04-132@2013&14 ds }kjk nh xbZ vuqefr ds vuqlkj

foÙkh; vkfLr;ksa dk izfrHkwfrdj.k ,oa iquxZBu rFkk izfrHkwfr fgr dk

izorZu vf/kfu;e] 2002 ds mica/kksa ds varxZr iathd`r izfrHkwfr

daifu;ksa@iqul±jpuk daifu;ksa dks 26 Qjojh] 2014 ls 31 ekpZ] 2015

rd csph xbZ vutZd vkfLr;ksa ¼tgka foØ; izfrQy fuoy vafdr

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1389

ewY; ls de gks½ ds foØ; ls gqbZ fdlh deh ds dkj.k nks o"kZ dh _.k

ifj'kks/ku vof/k dk laca/k gSA

[Qkñlañ 13@2@2010&chvks,]

vkuanjko foñ ikVhy] funs'kd

New Delhi, the 25th March, 2015

S.O. 569.—In exercise of the powers conferred by

Section 53 of the Banking Regulation Act, 1949, the Central

Government, on the recommendation of the Reserve bank

of India, specified that sub-section (1) of Section 15 of the

Banking Regulation Act, 1949 shall not apply to scheduled

commercial banks in so far as the amortization over a period

of two years of any shortfall arising out of sale of non-

performing assets sold from February 26, 2014 to March

31, 2015 (where the sale consideration is lower than the net

book value) to Securitization Companies/Reconstruction

Companies, registered under the provisions of the

Securitization and Reconstruction of Financial Assets and

Enforcement of Security Interest Act 2002, as permitted by

the Reserve Bank of India vide its Circular DBOD.B.P. BC.

No 98/21.04.132/2013-14 dated February 26, 2014.

[F.No. 13/2/2010-BOA]

ANANDRAO V. PATIL, Director

okf.kT; ,oa mn~;ksx ea=ky;

¼okf.kT; foHkkx½

ubZ fnYyh] 23 ekpZ] 2015

dk-vk- 570-—dsUnzh; ljdkj jktHkk"kk ¼la?k ds 'kkldh;

iz;kstuksa ds fy, iz;ksx½ fu;e 1976 ds fu;e 10 mifu;e ¼4½ ds

vuqlj.k esa okf.kT; foHkkx ds v/khu fuEufyf[kr dk;kZy;ksa dks

vf/klwfpr djrh gS] ftlds 80 izfr'kr ls vf/kd deZpkjho`an us

fgUnh dk dk;Zlk/kd Kku izkIr dj fy;k gS%—

¼1½ fu;kZr fujh{k.k vfHkdj.k—dksPph mi&dk;kZy;&

dksYye] flusl dkWEIysDl rhljh eafty] pedkMk]

dksYye & 691001 A

¼2½ fu;kZr fujh{k.k vfHkdj.k—psUubZ] NBk ry] lh,eMh,

Vkoj&II] xka/kh bjfou jksM] ,Xeksj] psUubZ&600008 A

¼3½ fu;kZr fujh{k.k vfHkdj.k—psUubZ] mi dk;kZy;&rwrhdksfju]

lañ 328 lkmFk dkVu jksM] rsrhdksfju & 628001 A

¼4½ fu;kZr fujh{k.k vfHkdj.k—psUubZ mi dk;kZy;&Hkhekoje]

ts ih jksM] Mh uañ 27&14&13@1] fclkbM ineky;k fFk;sVj]

Hkhekoje&534202] osLV xksnkojh fMLV A

¼5½ fu;kZr fujh{k.k vfHkdj.k—eqEcbZ mi dk;kZy; &

vgenkckn 305] eYVh ijit LiksV~Zt dkWEIysDl ¼U;w DykFk

ekdsZV ds lkeus½] jk;iqj] vgenkckn & 380002] xqtjkrA

¼6½ la;qDr egkfuns'kd] fons'k O;kikj dk dk;kZy;] xksdqye]

ds,yMhch fcfYaMx iV~Ve] fr#ouariqje&695004] dsjyA

¼7½ ,e,eVhlh] vfjgar VkolZ II, lkaxkusjh xsV VsyhQksu ,Dlpsat

ds lkeus] vkxjk jksM] t;iqj&302003 A

[Qkñlañ bZ&11013@1@2004&fganh]

lq/kka'kq ikaMs;] la;qDr lfpo

MINISTRY OF COMMERCE AND INDUSTRY

(Department of Commerce)

New Delhi, the 23rd March, 2015

S.O. 570.—In pursuance of Sub-Rule (4) of Rule 10 of

the Official Language (Use for Official purposes of the

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

following offices under Departments of Commerce, whereof

more than 80% staff have acquired a working knowledge

of Hindi:—

(1) Export Inspection Agency—Kochi, Sub-Office,

Kollam, Shines Complex, 3rd Floor, Chamkada,

Kollam-691001.

(2) Export Inspection Agency—Chennai, 6th floor,

CMDA Tower-II, Gandhi Irwin Road, Egmore,

Chennai-600008.

(3) Export Inspection Agency—Chennai, Sub-Office-

Tuticorin, No. 328, South Cotton Road, Tuticorin-

628001.

(4) Export Inspection Agency—Chennai, Sub-Office,

Bheemavaram, JP Road, - D. No. 27-4-13/1, Beside

Padmalaya Theatre, Bheemavaram-534202, West

Godavari Distt.

(5) Export Inspection Agency—Membai, Sub-Office-

Ahmedabad, 305, Multi Purpose Sports Complex

(Opposite new cloth market), Raipur, Ahmedabad-

380002, Gujarat.

(6) Office of Joint DGFT, Gokulam, KLDB Building,

Pattam, Thiruanantpuram-695004, Kerala.

(7) MMTC, Arihant Towers-II, Opposite Sanganeri

Gate Telephone Exchange, Agra Road,

Jaipur-302003.

[No. E-11013/1/2004-Hindi]

SUDHANSHU PANDEY, Jt. Secy.

1390

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

miHkksDrk ekeys] [kkn~; vkSj lkoZtfud forj.k ea=ky;

¼miHkksDrk ekeys foHkkx½

¼Hkkjrh; ekud C;wjks½

ubZ fnYyh] 23 ekpZ] 2015

dk-vk- 571-—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, ekud ¼dksa½ esa la'kks/ku fd;k x;k@x, gSaA

vuqlwph

Øe

la'kksf/kr Hkkjrh; ekud ¼dksa½

la'kks/ku dh la[;k

dkWye ds

dkWye ¼3½ esa

la[;k

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

vkSj frfFk

la'kks/ku dh

n'kkZ;s x, vuqlkj

izfrLFkkiu frfFk

og ftl frfFk

rd ekud fcuk

la'kks/ku ds Fkk

ykxw jgsxh

1

vkbZ ,l 299 % 2015

la'kks/ku la[;k 1

23 ekpZ 2015

31 ebZ 2015

¼ikapoka iqujh{k.k½

Qjojh 2015

bl Hkkjrh; ekud dh izfr;ka 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] iq.ks rFkk dksfp esa fcØh gsrq miyC/k gSaA Hkkjrh; ekudksa dks http://www.standardsbis.in }kjk baVjuSV ij [kjhnk tk ldrk gSA

fnukad 23&3&2015

[lanHkZ % PUB/GN-1/E-V-II]

dyk ,eñ 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 23rd March, 2015

S.O. 571.—In pursunace of clause (b) of sub-rule (1) of Rule 7 of the Bureau of Indian Standards Rules, 1987, the

Bureau of Indian Standards hereby notifies that amendment(s) to the Indian Standard(s), particulars of which are given in

the Schedule hereto annexed have been issued:

SCHEDULE

Sl.

No. and year of the

No. and year of

Date of

Date till which the

No.

Indian Standards

the amendment

Establishment of

Standard without

the Amendment at

amendment as

column (3)

mentioned at Column

(3) shall remain in

force

(1)

(2)

(3)

(4)

(5)

1

IS 299: 2012 Alumino

Amendment No. 1

23 March, 2015

31 May, 2015

Ferric - Specification (Fifth

February, 2015

Revision)

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

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

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

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

Dated 23-3-2015

[Ref: PUB/GN-1/E-V-II]

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

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1391

ubZ fnYyh] 23 ekpZ] 2015

dk-vk- 572-—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

Øe

LFkkfir Hkkjrh; ekud¼dksa½

LFkkfir

Hkkjrh; ekud¼dksa½ tks

jn~n gksus dh

la[;k

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

frfFk

fd jn~n gksus gSa] vxj gSa]

frfFk

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

¼1½

¼2½

¼3½

¼4½

¼5½

1

vkbZ,l 694 % 2010 ,oa

26 uoEcj 2014

IS 694 % 1990

01 flrEcj 2015

la'kks/ku lañ 1 ls 2 rd

bl Hkkjrh; ekud dh izfr;ka Hkkjrh; ekud C;wjks] ekud Hkou] 9] cgknqj'kkg tQj ekxZ] ubZ fnYyh 110002 {ks=h; dk;kZy;ksa % ubZ fnYyh]

dksydrk] paMhx<+] psUubZ] eqacbZ] rFkk 'kk[kk dk;kZy;ksa% vgenkckn] caxykSj] Hkksiky] Hkqous'oj] dks;EcVwj] xqokgkVh] gSnjkckn] t;iqj]

dkuiqj] 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

fnukad 23&3&2015

[lanHkZ % PUB/GN/694]

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

New Delhi, the 23rd March, 2015

S.O. 572.—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 modifies the column (5) of notification dated 26/11/2014, 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

Date of

No. & Year of the

Date of

No.

Indiain Standards

Establishment

Indian Standards to

cancellation

Established

be cancelled, if any

(1)

(2)

(3)

(4)

(5)

1

IS 694: 2010 Polyvinyl Chloride

26 November 2014

IS 694 : 1990

01 September 2015

Insulated Unsheathed and

Sheathed Cables/Cords with

Rigid and Flexible Conductor

for Rated Voltages up to and

Including 450/750 V

(Fourth Revision) with

Amendment Nos. 1 & 2

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, Kanpur, Nagpur, Patna, Pune,

Kochi.

Dated 23-3-2015

[Ref: PUB/GN/694]

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

1392

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

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

¼LokLF; ,oa ifjokj dY;k.k foHkkx½

ubZ fnYyh] 20 ekpZ] 2015

dk-vk- 573-—tcfd Hkkjrh; fpfdRlk ifj"kn ¼la'kks/ku½

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

iz;ksx djrs gq, fnukad 6 uoacj] 2013 dks Hkkjrh; fpfdRlk ifj"kn

dk iquxZBu fd;k x;k%

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

1956 ¼1956 dk 102½ dh /kkjk 3 dh mi/kkjk ¼1½ ds [kaM ¼[k½ ds

vuqlj.k esa vkSj lacaf/kr fo'ofo|ky;ksa@LokLF; foKku fo'ofo|ky;ksa

}kjk ;Fkk lwfpr] fuEufyf[kr O;fDr dks bl vf/klwpuk ds tkjh gksus

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

:i esa fuokZfpr fd;k x;k gSA

vr% vc mDr vf/kfu;e dh /kkjk 3 dh mi/kkjk ¼1½ ds mica/k

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

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

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

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

06 uoacj] 2013 dh vf/klwpuk lañ dkñvkñ 3323 ¼v½ vkSj mlds

la'kks/ku esa vafre izfof"V rFkk rRlaca/kh izfof"V esa fuEufyf[kr dks

tksM+k tk,xk] vFkkZr~%µ

Øñ lañ

jkT; ljdkj dk

fuokZfpr lnL; dk fooj.k

uke

27-

ef.kiqj

MkWñ vksdjke bZcksepk flag] funs'kd]

LokLF; lsok,a] ef.kiqj

[la- ohñ 11013@1@2013&,e bZ ih&I]

vfer fc'okl] voj lfpo

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

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

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

2013 ¼2013 dk 11½ ds rgr vafre ckj la'kks/ku

fd;k x;k FkkA

MINISTRY OF HEALTH AND FAMILY WELFARE

(Department of Health and Family Welfare)

New Delhi, the 20th March, 2015

S.O. 573.—Whereas on 6th November, 2013, the

Medical Council of India was re-constituted in exercise of

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

the Indian Medical Council (Amendment) Ordinance, 2013.

And Whereas the Central Government, in pursuance

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

Medical Council Act, 1956 (102 of 1956) and in consultation

with the respective State Governments have nominated

the following to be a member of the Medical Council of

India for four years with effect from the date of issue of this

notification.

Now, therefore, in pursuance of the provision of sub-

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

Government hereby makes the following amendment in the

Notification of the Government of India in the then Ministry

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

namely:

In the notification of the Government of India in the

Ministry of Health & Family Welfare number S.O. 3323(E)

dated the 6th November, 2013 after the last entry and entry

relating thereto, the following shall be inserted, namely:

S.No.

Name of the

Details of the Nominated

State Government Memebr

27. Manipur

Dr. Okram Ibomcha Singh,

Director of Health Services,

Manipur

[No. V.11013/1/2013-MEP-I]

AMIT BISWAS, Under Secy.

Foot Note: The principal notificiation was published in

the Gazette of India vide number S.O. 138 dated

the 9th January, 1960 and was last amended

vide Indian Medical Council (Amendment)

Second Ordinance, 2013 (11 of 2013).

ubZ fnYyh] 20 ekpZ] 2015

dk-vk- 574-—tcfd Hkkjrh; fpfdRlk ifj"kn ¼la'kks/ku½ v/

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

iz;ksx djrs gq, fnukad 6 uoacj] 2013 dks Hkkjrh; fpfdRlk ifj"kn

dk iquxZBu fd;k x;k%

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

1956 ¼1956 dk 102½ dh /kkjk 3 dh mi/kkjk ¼1½ ds [kaM ¼[k½ ds

vuqlj.k esa vkSj lacaf/kr fo'ofo|ky;ksa@LokLF; foKku fo'ofo|ky;ksa

}kjk ;Fkk lwfpr] fuEufyf[kr O;fDr dks bl vf/klwpuk ds tkjh gksus

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

:i esa fuokZfpr fd;k x;k gSA

vr% vc mDr vf/kfu;e dh /kkjk 3 dh mi/kkjk ¼1½ ds mica/k

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

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

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

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1393

Hkkjr ljdkj] LokLF; ,oa ifjokj dY;k.k ea=ky; dh fnukad 6 uoacj] 2013 dh vf/klwpuk lañ dkñvkñ 3325¼v½ vkSj mlds la'kks/ku esa

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

Øñ lañ

fo'ofo|ky; dk uke

fuokZfpr lnL; dk fooj.k

pquko dk rjhdk

41-

chñ,uñ eaMy

izksñ v#.k dqekj vxzoky] ,eñ lh,pñ ¼U;wjks ltZjh½]

fo'ofo|ky; dh lhusV

fo'ofo|ky;] e/ksiqjk] fcgkj dfVgkj esfMdy dkWyst] dfVgkj] fcgkj

ds lnL;ksa }kjk fuokZfpr

42-

vyhx<+ eqfLye

izksñ rkjhd ealwj] izkpk;Z] tsñ,uñ esfMdy dkWyst

fo'ofo|ky; dh lhusV

fo'ofo|ky;] vyhx<+

vLirky] vyhx<+ eqfLye fo'ofo|ky;] vyhx<+

ds lnL;ksa }kjk fuokZfpr

43-

fdax tktZ esfMdy

izksñ jfodkar] v/;{k] ekuo vax izR;kjksi.k foHkkx rFkk

fo'ofo|ky; dh lhusV ds

fo'ofo|ky;] mÙkj izns'k

v/;{k] lftZdy vkWUdksykWth foHkkx vkSj dqyifr] fdax

lnL;ksa }kjk fuokZfpr

tktZ fpfdRlk fo'ofo|ky;] mÙkj izns'k] y[kuÅ

[la- oh&11013@2@2013&,e bZ ih&I]

vfer fc'okl] voj lfpo

ikn fVIi.kh% fnukad 9 tuojh] 1960 ds dkñvkñ 138 ds rgr Hkkjr ds jkti= esa eq[; vf/klwpuk izdkf'kr dh xbZ Fkh vkSj Hkkjrh; vk;qfoZKku

ifj"kn ¼la'kks/ku½] f}rh; v/;kns'k] 2013 ¼2013 dk 11½ ds rgr vafre ckj la'kks/ku fd;k x;k FkkA

New Delhi, the 20th March, 2015

S.O. 574.—Whereas on 06th November, 2013, the Medical Council of India was re-constituted in exercise of the

powers conferred by sub-section (1) of section 3A of the Indian Medical Council (Amendment) Ordinance, 2013.

And whereas the Central Government, in pursuance of clause (a) of sub-section (1) of section 3 of the Indian Medical

Council Act, 1956 (102 of 1956) and as informed by the respective Universities/health science Universities, have elected the

following to be a member of the Medical Council of India for four years with effect from the date of issue of the notification.

Now, therefore, in pursuance of sub-section (1) of Section 3 of the said Act, the Central Government hereby makes the

following amendment in the Notification of the Government of India in the then Ministry of Health number S.O. 138, dated

the 9th January, 1960, namely:—

In the notification of the Government of India in the Ministry of Health & Family Welfare number S.O. 3325(E) dated the

6th November, 2013 and amendments thereto after the last entry and entry relating thereto, the following shall be inserted,

namely:

S.No.

Name of the University

Details of the Elected Member

Mode of Election

41.

B. N. Mandal

Dr. Arun Kumar Agarwal, M. Ch. (Neuro

Elected by members

University, Madhepura, Bihar

Surgery), Katihar Medical College, Katihar, Bihar

of the Senate of the

University

42.

Aligarh Muslim

Prof. Tariq Mansoor, Principal, J. N. Medical

Elected by Executive

University, Aligarh

College Hospital, Aligarh Muslim University, Aligarh

Council of the

University

43.

King George's Medical

Prof. Ravi Kant, Head of the Department of

Elected by Executive

University, Uttar Pradesh

Human Organ Transplant and Head of the

Council of the

Department of Surgical Oncology &

University

Vice Chancellor, King George's Medical

University Uttar Pradesh, Lucknow

[No. V. 11013/2/2013-MEP-I]

AMIT BISWAS, Under Secy.

Foot Note:

The principal notification was published in the Gazette of India vide number S.O. 138 dated the 9th January,

1960 and was last amended vide Indian Medical Council (Amendment) Second Ordinance, 2013 (11 of 2013).

1394

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

dks;yk ea=ky;

vkns'k

ubZ fnYyh] 24 ekpZ] 2015

dk-vk- 575-—dks;yk èkjd {ks= ¼vtZu vkSj fodkl½

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

vfèfu;e dgk x;k gS½ dh èkjk 9 dh mi&èkjk ¼1½ ds vèhu Hkkjr

ljdkj ds dks;yk ea=ky; dh vfèlwpuk la[;kad dkñvkñ 1029]

rkjh[k] 12 ekpZ] 2014] }kjk tkjh dh xbZ tks Hkkjr ds jkti=] Hkkx II]

[kaM 3] mi&[kaM] ¼II½] rkjh[k 22 ekpZ] 2014 esa izdkf'kr gksus ij]

mDr vfèlwpuk ls layXu vuqlwph esa of.kZr Hkwfe vkSj Hkwfe esa ;k ml ij

ds lHkh vfèdkj ¼ftls blesa blds i'pkr~ mDr Hkwfe dgk x;k gS½

mDr vfèfu;e dh èkjk 10 dh mièkjk ¼1½ ds vèhu] lHkh foYyaxeksa

ls eqDr gksdj] vkR;kafrd :i ls dsUnzh; ljdkj esa fufgr gks x, Fks(

vkSj] dsUnzh; ljdkj dks ;g lekèku gks x;k gS fd ukFkZ bZLVuZ

dksyQhYM~l] dksy bafM;k fyfeVsM] ekj?ksfjVk&786181] vle ¼ftls

blesa blds i'pkr~ ljdkjh dEiuh dgk x;k gS½] ,sls fucaèuksa vkSj

'krks± dks tks dsUnzh; ljdkj bl fufeÙk vfèjksfir djuk mfpr le>s]

vuqikyu djus ds fy;s rS;kj gS(

vr% vc] dsUnzh; ljdkj] mDr vfèfu;e dh èkjk 11 dh mièkjk

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

izdkj fufgr mDr 500-00 gsDVj ¼yxHkx½ ;k 1235-00 ,dM+

¼yxHkx½ Hkwfe vkSj ml ij ds lHkh vfèdkj] rkjh[k 22 ekpZ] 2014

ls dsUnzh; ljdkj esa bl izdkj fufgr cus jgus ds LFkku ij] fuEufyf[kr

fucaèukas vkSj 'krks± ds vèhu jgrs gq,] mDr ljdkjh dEiuh esa fufgr

gks tk,axs] vFkkZr~%—

1- ljdkjh dEiuh] mDr vfèfu;e ds micaèksa ds vèhu

;Fkk voèkfjr izfrdj] C;kt] uqdlku vkSj oSlh gh enksa

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

izfriwfrZ djsxh(

2- ljdkjh dEiuh }kjk 'krZ ¼1½ ds vèhu] dsUnzh; ljdkj

dks lans; jdeksa dk voèkj.k djus ds iz;kstu ds fy;s

vfèfu;e dh èkjk 14 ds vèhu ,d vfèdj.k dk xBu

fd;k tk,xk rFkk ,sls fdlh vfèdj.k vkSj ,sls vfèdj.k

dh lgk;rk djus ds fy;s fu;qDr O;fDr;ksa ds lacaèksa esa

mixr lHkh O;;] dEiuh }kjk ogu fd;s tk,axs vkSj blh

izdkj fufgr mDr Hkwfe esa ;k ml ij ds vfèdkj ds fy;s

;k mlds lacaè esa tSls vihy vkfn lHkh fofèd dk;Zokfg;ksa

dh ckcr mixr] lHkh O;; Hkh] blh izdkj ljdkjh dEiuh

}kjk ogu fd;s tk,axs(

3- ljdkjh dEiuh] dsUnzh; ljdkj ;k mlds inèkfj;ksa dh]

,sls fdlh vU; O;; ds lacaè esa] {kfriwfrZ djsxh tks bl

izdkj fufgr mDr Hkwfe esa ;k ml ij ds vfèdkjksa ds ckjs

esa] dsUnzh; ljdkj ;k mlds inèkfj;ksa }kjk ;k muds fo#)

fdUgha dk;Zokfg;ksa ds lacaè esa vko';d gksa(

4- ljdkjh dEiuh dks] dsUnzh; ljdkj ds iwoZ vuqeksnu ds

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

fufgr vfèdkj dks fdlh vU; O;fDr dks varfjr djus

dh 'kfDr ugha gksxh( vkSj

5- ljdkjh dEiuh] ,sls funs'kksa vkSj 'krks± 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 vfèjksfir dh tk,] ikyu

djsxhA

[Qkñlañ 43015@07@2011&ihvkjvkbZMCY;wµI]

nksfefud MqaxMqax] voj lfpo

MINISTRY OF COAL

ORDER

New Delhi, the 24th March, 2015

S.O. 575.—Whereas on the publication of the

notification of the Government of India in the Ministry of

Coal number S.O. 1029, dated the 12th March, 2014

published in the Gazette of India, Part II, Section 3, sub-

section (ii), dated the 22nd March, 2014 issued under sub-

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

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

(hereinafter referred to as the said Act), the land and all

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 North Eastern Coalfields, Coal India Limited,

Margherita-786181 Assam (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 500.00

hectares (approximately) or 1235.00 acres (approximately)

and all rights in or over the said lands so vested shall with

effect from the 22nd March, 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

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1395

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 prior approval of the Central

Government; and

5. The Government Company shall abide by such

direction and conditions as may be given or

imposed by the Central Government for particular

areas of the said lands as and when necessary.

[F. No. 43015/07/2011-PRIW-I]

DOMINIC DUNGDUNG, Under Secy.

vkns'k

ubZ fnYyh] 24 ekpZ] 2015

dk-vk- 576-—dks;yk èkjd {ks= ¼vtZu vkSj fodkl½

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

vfèfu;e dgk x;k gS½ dh èkjk 9 dh mièkjk ¼1½ ds vèhu tkjh

Hkkjr ljdkj ds dks;yk ea=ky; dh vfèlwpuk la[;kad dkñvkñ

1523] rkjh[k] 13 ebZ] 2014] ftlds Hkkjr ds jkti=] Hkkx II] [kaM

3] mi[kaM ¼ii½] rkjh[k 24 ebZ] 2014 esa izdkf'kr gksus ij] mDr

vfèlwpuk ls layXu vuqlwph esa of.kZr Hkwfe ¼ftls blesa blds i'pkr~

mDr Hkwfe dgk x;k gS½ esa [kfut ds [kuu] [knku] cksj djus] mudh

[kqnkbZ djus vkSj [kfutksa dks ryk'k djus] mUgsa izkIr djus] mu ij

dk;Z djus vkSj mUgsa ys tkus ds fy, vfèdkj] mDr vfèfu;e dh

èkjk 10 dh mièkjk ¼1½ ds vèhu] lHkh foYyaxeksa ls eqDr gksdj]

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

vkSj] dsUnzh; ljdkj dk ;g lekèku gks x;k gS fd osLVuZ

dksyQhYM~l fyfeVsM] ukxiqj ¼ftls blesa blds i'pkr~ ljdkjh

dEiuh dgk x;k gS½] ,sls fucaèuksa vkSj 'krks± dk ftUgsa dsUnzh; ljdkj

bl fufeÙk vfèjksfir djuk mfpr le>s] vuqikyu djus ds fy;s

rS;kj gS(

vr% vc] dsUnzh; ljdkj] mDr vfèfu;e dh èkjk 11 dh mièkjk

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

izdkj fufgr mDr Hkwfe esa ;k ml ij ds iwoksZDr vfèdkj dsUnzh;

ljdkj esa bl izdkj fufgr cus jgus ds ctk,] rkjh[k 24 ebZ] 2014

ls fuEufyf[kr fucaèukas vkSj 'krks± ds vèhu jgrs gq,] ljdkjh dEiuh

esa fufgr gks tk,axs] vFkkZr~%µ

1- ljdkjh dEiuh] mDr vfèfu;e ds micaèksa ds vèhu

;Fkk voèkfjr izfrdj] C;kt] uqdlkfu;ksa vkSj oSlh gh

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

izfriwfrZ djsxh(

2- ljdkjh dEiuh }kjk 'krZ ¼1½ ds vèhu] dsUnzh; ljdkj

dks lans; jdeksa dk voèkj.k djus ds iz;kstuksa ds fy;s

mDr vfèfu;e dh èkjk 14 ds vèhu ,d vfèdj.k dk

xBu fd;k tk,xk rFkk ,sls fdlh vfèdj.k vkSj ,sls

vfèdj.k dh lgk;rk djus ds fy;s fu;qDr O;fDr;ksa ds

lacaèksa esa mixr lHkh O;;] ljdkjh dEiuh }kjk ogu fd;s

tk;saxs vkSj blh izdkj fufgr mDr Hkwfe esa ;k muds lacaè esa

vihy vkfn vkSj lHkh vU; fofèd dk;Zokfg;ksa dh ckcr~

mixr] lHkh O;; Hkh] ljdkjh dEiuh }kjk ogu fd;s tk,axs(

3- ljdkjh dEiuh] dsUnzh; ljdkj ;k mlds inèkfj;ksa ds

fo#)] ,sls fdlh vU; O;; ds lacaè esa] {kfriwfrZ djsxh]

bl izdkj fufgr iwoksZDr vfèdkjksa ds ckjs esa] dsUnzh; ljdkj

;k mlds inèkfj;ksa }kjk ;k muds fo#) fdUgha dk;Zokfg;ksa

ds lacaè esa vko';d gksa(

4- ljdkjh dEiuh dks] dsUnzh; ljdkj ds iwoZ vuqeksnu ds

fcuk] mDr Hkwfe esa iwoksZDr vfèdkjksa dks fdlh vU; O;fDr

dks varfjr djus dh 'kfDr ugha gksxh( vkSj

5- ljdkjh dEiuh] ,sls funs'kksa vkSj 'krks± 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 vfèjksfir dh tk,] ikyu

djsxhA

[Qkñlañ 43015@4@2011&ihvkjvkbZMCY;wµI]

nksfefud MqaxMqax] voj lfpo

ORDER

New Delhi, the 24th March, 2015

S.O. 576.—Whereas on the publication of the

notification of the Government of India in the Ministry of

Coal number S.O. 1523, dated the 13th May, 2014 in Part II,

Section 3, Sub-section (ii) of the Gazette of India, dated the

24th May, 2014, under sub-section (1) of section 9 of the

Coal Bearing Areas (Acquisition and Development) Act,

1957 (20 of 1957) (hereinafter referred to as the said Act),

the rights to mine, quarry, bore, dig and search for win,

work and carry away minerals in the lands described in the

Schedule appended to the said notification (hereinafter

referred to as the said land) vested absolutely in the Central

1396

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

Government free from all encumbrances under sub-section

(1) of section 10 of the said Act;

And whereas, the Central Government is satisfied that

the Western Coalfields Limited, Nagpur (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 directs that the aforesaid rights in or

over the said lands so vested, shall, with effect from the

24th May, 2014 instead of continuing to so vest in the

Central Government, 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 said 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 said Government Company and similarly,

all expenditure incurred in respect of all legal

proceedings like appeals, and other proceedings

for in connection with the rights, in the said lands,

so vesting, shall also be borne by the Government

Company.

3. The Government Company shall indemnify the

Central Government or its officials against any

other expenditure that may be necessary in

connection with any proceedings by or against

the Central Government or its officials regarding

the aforesaid rights in the said lands so vesting;

4. The Government Company shall have no power

to transfer the aforesaid rights in the said lands

so vested, to any other persons without the prior

approval of the Central Government; and

5. The Government Company shall abide by such

directions and conditions as may be given or

imposed by the Central Government for particular

areas of the said land as and when necessary.

[F.No. 43015/4/2011-PRIW-I]

DOMINIC DUNGDUNG, Under Secy.

Je ,oa jkstxkj ea=ky;

ubZ fnYyh] 17 ekpZ] 2015

dk-vk- 577-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

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

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqcaè eas

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky;] vlulksy ds iapkV ¼lanHkZ la[;k 137@2005½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 13@03@2015 dks izkIr gqvk FkkA

[lañ ,y&22012@70@2005&vkbZvkj ¼lh,e&II½]

eksñ tkfgn 'kjhQ] vuqHkkx vf/kdkjh

MINISTRY OF LABOUR AND EMPLOYMENT

New Delhi, the 17th March, 2015

S.O. 577.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. 137/2005), of the Cent.

Govt. Indus. Tribunal-cum-Labour Court, Asansol as shown

in the Annexure, in the industrial dispute between the

management of Neyveli Lignite Corp. Ltd., and their

workmen, received by the Central Government on 13/03/

2015.

[No. L-22012/70/2005-IR(CM-II)]

Md. ZAHID SHARIF, Section Officer

ANNEXURE

IN THE COURT OF CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR

COURT, ASANSOL

REFERENCE NO. 137 OF 2005

Management of Bahula Colliery under Kenda Area

of M/s. E.C.L.

VS.

Sri Ram Briksh Bhula

SETTLEMENT IN LOK ADALAT

HELD ON 19TH DECEMBER, 2014 AT CGIT-CUM-LC,

ASANSOL

AWARD

On amicable setttlement by both parties the dispute is

resolved in the Lok Adalat. The form 'H' containing the

terms of agreement of this settlement to be executed by

both the parties in due course. Award is passed and signed

accordingly.

PRAMOD KUMAR MISHRA, Presiding Officer

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1397

IN THE COURT OF CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

ASANSOL

LOK ADALAT SETTLEMENT

Place: Asansol

Date: 19.12.2014

Ref. 137 of 2005

Bahula Colliery under Kenda Area of M/s. E.C.L.

VS.

Sri Ram Briksh Bhula

Both the parties hereby mutually and amicably settle

up the dispute for the interest of both sides and to help

securing a healthy & conducive relationship for

maximization of output in the industry.

Terms:

Both the parties submit that the dispute have been

amicably settled between the parties and the concerned

workman. He has already been re-instated in his service

without any back wages.

Employer/Management

Employee/Union

ubZ fnYyh] 17 ekpZ] 2015

dk-vk- 578-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

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

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k eas

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky; vklulksy ds iapkV ¼lanHkZ la[;k 78@2006½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 13&03&2015 dks izkIr gqvk FkkA

[lañ ,y&22012@52@2006&vkbZvkj ¼lh,e&II½]

eksñ tkfgn 'kjhQ] vuqHkkx vf/kdkjh

New Delhi, the 17th March, 2015

S.O. 578.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award Ref. 78/2006 of the Cent. Govt.

Indus. Tribunal-cum-Labour Court, Asansol as shown in

the Annexure, in the industrial dispute between the

management of M/s. Eastern Coalfields Limited, and their

workmen, received by the Central Government on

13-03-2015.

[No. L-22012/52/2006-IR(CM-II)]

Md. ZAHID SHARIF, Section Officer

ANNEXURE

IN THE COURT OF CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

ASANSOL

Reference No.: 78/ITC/2006

Management of Nav Kajora Colliery of E.C.L.

VS.

Sri Ranjit Bouri

SETTLEMENT IN LOK ADALAT

Held on 20th February, 2015 at Mines Rescue Station,

ECL, Sitarampur.

AWARD

On amicable settlement by both parties the dispute is

resolved in the Lok Adalat. The form 'H' containing the

terms of agreement of this settlement to be executed by

both the parties in due course. Award is passed and signed

accordingly.

PRAMOD KUMAR MISHRA, Presiding Officer

IN THE COURT OF CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

ASANSOL

LOK ADALAT SETTLEMENT

Place: Mines Rescue Station, Sitarampur

Date: 20.02.2015

Ref. No. 78/2006

The Agent: Nav Kajora Colliery, ECL

VS.

Sri Ranjit Bouri

Both the parties hereby mutually and amicably settle

up the dispute for the interest of both sides and to help

securing a healthy & conducive relationship for

maximization of output in the industry.

Terms:

The workman agrees to be reinstated without book

wages and 14 terms and condition (attached).

1. [MOUMITA JOARDAR, Asstt. Mgr. (HR/P),

NKC]

2. [AJAY KUMAR SHRINET, Manager (PERS)

Kajora Area]

Employer/Management

Employee/Union

1398

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

TERMS OF RE-INSTATEMENT

i. The concerned candidate shall furnish

unequivocal acceptance of offence committed by

him with unconditional apology thereof and an

undertaking that in future he will never commit

such offence.

ii. The re-instatement of the ex-employee will be

subject to medical fitness for employment by the

AMO of the Area. In case, a candidate is found to

unfit on medical ground, case will not be

processed further.

iii. The concerned ex-employee shall be reinstated in

service as Cat-I Mazdoor at initial basic of the

scale.

iv. The ex-employee concerned shall not be entitled

to any back wages for the period of his idleness.

v. The ex-employee on re-instatement shall be

posted in the under-ground wherever there is

requirement, in case any approach/request for

change of work/place of posting, appointment will

cease immediately.

vi. The ex-employee on re-instatement shall be on

probation for a minimum period of 1 (One) year

and the ex-employee shall be confirmed only on

receipt of satisfactory Performance Certification

on expiry of probation period by CGM/GM of the

Area. In case his performance is not found

satisfactory, his service should be terminated

forthwith.

vii. The concerned ex-employee shall un-

conditionally withdraw all pending claims/

disputes raised by him or any union in any forum/

Court of Law relating to his "Dismissal" and shall

submit no dispute certificate to the management.

viii. The period of absence/idleness of the ex-employee

shall be treated as dies-non.

ix. The ex-employee shall be allowed the benefit of

continuity of service for the period of his idleness

for the purpose of computation of his final gratuity

payment only.

x. If the ex-employee has already withdrawn his

gratuity amount prior to re-instatement, shall

refund the same to the management prior to his

re-instatement in service. In case Management

has deposited it with the ALC(C)/Controlling

Authority due to any reason whatsoever may be,

it will be called back by the depositing on the

ground of re-instatement.

xi. If the ex-employee has already withdrawn his

CMPF accumulation prior to re-instatement his

case shall be regulated as per the CMPF Act/Rules.

If the ex-employee is drawing Pension the same

shall be regulated as per the CMPS/Rules.

xii. The instant order/approval for re-instatement on

the above terms & conditions in respect of

concerned ex-employee/ex-employees shall

remain valid for a period 2 (two) months from the

date of its communication to the ex-employee/ex-

employees by area and shall stand inoperative on

expiry of the said period.

xiii. Before allowing re-instatement as above a mutual

agreement in 'Form-H' under the I.D. Act, 1947/

Rules be entered, based on above terms of re-

instatement (from 3 to 13), between the

management, the ex-employee and the sponsoring

Union, if there is any and the copy of same shall

be endorsed to ECL, HQ.

xiv. Prior to re-instatement, the identity of the ex-

employee shall be verified by the concerned Area/

Colliery authority.

ubZ fnYyh] 17 ekpZ] 2015

dk-vk- 579-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj bZñlhñ,yñ ds izca/

kra= ds lac) fu;kstdkas vkSj muds deZdkjksa ds chp vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky; vklulksy ds iapkV ¼lanHkZ la[;k 06@2013½ dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 13&03&2015 dks izkIr gqvk FkkA

[la. ,y&22012@58@2013&vkbZ vkj ¼lh,e&II½]

eksñ tkfgn 'kjhQ] vuqHkkx vf/kdkjh

New Delhi, the 17th March, 2015

S.O. 579.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award Ref. 06/2013 of the Central

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

shown in the Annexure in the Industrial dispute between

the management of Nimcha Colliery, Satgram Area, and

their workman, which was received by the Central

Government on 13-03-2015.

[No. L-22012/58/2013-IR(CM-II)]

Md. ZAHID SHARIF, Section Officer

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1399

ANNEXURE

IN THE COURT OF CENTRAL GOVT. INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT ASANSOL

Reference No.: 06/ITC/2013

Management of Nimcha Colliery of E.C.L.

Vs.

Sri Rabi Bouri

SETTLEMENT IN LOK ADALAT

Held on 20th February, 2015 at Mines Rescue Station,

ECL, Sitarampur.

AWARD

On amicable settlement by both parties the dispute is

resolved in the Lok Adalat. The Form 'H' containing the

terms of agreement of this settlement to be executed by

both the parties in due course. Award is passed and signed

accordingly.

PROMOD KUMAR MISHRA, Presiding Officer

IN THE COURT OF CENTRAL GOVT. INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT ASANSOL

Ref. 06/2013

LOK ADALAT SETTLEMENT

Place: Mines Rescue Station, Sitarampur

Date: 20.02.15

Nimcha Colliery, ECL

Vs.

Sri Rabi Bouri

Both the parties hereby mutually and amicably settle

up the dispute for the interest of both sides and to help

securing a healthy & conducive relationship for

miaximization of output in the industry.

Terms: The workman agrees to be reinstated without

back wages and into other 14 terms and conditions.

Employer/Management

Employee/Union

TERMS OF RE-INSTATEMENT

i. The concerned candidate shall furnish

unequivocal acceptance of offence committed by

him with unconditional apology thereof and an

undertaking that in future he will never commit

such offence.

ii. the re-instatement of the ex-employee will be

subject to medical fitness for employment by the

AMO of the Area. In case, a candidate is found to

unfit on medical ground case will not be processed

further.

iii. The concerned ex-employee shall be reinstated in

service as Cat-I Mazdoor at initial basic of the

scale.

iv. The ex-employee concerned shall not be entitled

to any back wages for the period of his idleness.

v. The ex-employee on re-instatement shall be

posted in the under-ground wherever there is

requirement in case any approach/request for

change of work/place of posting appointment will

cease immediately.

vi. The ex-employee on re-instatement shall be on

probation for a minimum period of 1(One) year

and the ex-employee shall be confirmed only on

receipt of statisfactory Performance Certification

on expiry of probation period by CGM/GM of the

Area. In case his performance is not found

satisfactory, his service should be terminated

forthwith.

vii. The concerned ex-employee shall un-

conditionally withdraw all pending claims/

disputes raised by him or any union in any forum/

Court of Law relating to his "Dismissal" and shall

submit no dispute certificate to the management.

viii. The period of absence/idleness of the ex-employee

shall be treated as dies-non.

ix. The ex-employee shall be allowed the benefit of

continuity of service for the period of his idleness

for the purpose of computation of his final gratuity

payment only.

x. If the ex-employee has already withdraw his

gratuity amount prior to re-instatement, shall

refund the same to the management prior to his

re-instatement in service. In case Management

has deposited it with the ALC(C)/Controlling

Authroity due to any reason whatsoever may be,

it will be called back by the depositing authority

on the ground of re-instatement.

xi. If the ex-employee has already withdraw his CMPF

accumulation prior to re-instatement his case shall

be regulated as per the CMPF Act/Rules. If the

ex-employee is drawing Pension the same shall

be regulated as per the CMPS/Rules.

xii. The instant order/approval for re-instatement on

the above terms & conditions in respect of

concerned ex-employee/ex-employees shall

remain valid for a period 2 (two) months from the

date of its communication to the ex-employee/ex-

employees by area and shall stand inoperative on

expiry of the said period.

1400

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

xiii. Before allowing re-instatement as above a mutual

agreement in 'Form-H' under the I.D. Act, 1947/

Rules be entered, based on above terms of re-

instatement (from 3 to 13), between the

management, the ex-employee and the sponsoring

Union, if there is any and the copy of same shall

be endorsed to ECL, HQ.

xiv. Prior to re-instatement, the identity of the ex-

employee shall be verified by the concerned Area/

Colliery authority.

ubZ fnYyh] 17 ekpZ] 2015

dk-vk- 580-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj bZñlhñ,yñ ds izca/k

ra= ds lac) fu;kstdkas vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ"V

vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;

vlulksy ds iapkV ¼lanHkZ la[;k 16@2013½ dks izdkf'kr djrh gS

tks dsUnzh; ljdkj dks 13&03&2015 dks izkIr gqvk FkkA

[lañ ,y&22012@123@2013&vkbZvkj ¼lh,e&II½]

eksñ tkfgn 'kjhQ] vuqHkkx vf/kdkjh

New Delhi, the 17th March, 2015

S.O. 580.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award Ref. 16/2013 of the Central

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

shown in the Annexure in the Industrial dispute between

the management of Nimcha Colliery, and their workman,

received

by

the

Central

Government

on

13-03-2015.

[No. L-22012/123/2013-IR(CM-II)]

Md. ZAHID SHARIF, Section Officer

ANNEXURE

IN THE COURT OF CENTRAL GOVT. INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT ASANSOL

Reference No.: 16/ITC/2013

Management of Nimcha Colliery of E.C.L.

Vs.

Sri Suku Majhi

SETTLEMENT IN LOK ADALAT

Held on 20th February, 2015 at Mines Rescue Station,

ECL, Sitarampur.

AWARD

On amicable settlement by both parties the dispute is

resolved in the Lok Adalat. The Form 'H' containing the

terms of agreement of this settlement to be executed by

both the parties in due course. Award is passed and signed

accordingly.

PROMOD KUMAR MISHRA, Presiding Officer

IN THE COURT OF CENTRAL GOVT. INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT ASANSOL

Ref. No. 16/2013

LOK ADALAT SETTLEMENT

Place: Mines Rescue Station, Sitarampur

Date: 20.02.15

The Agent, Nimcha Colliery, ECL

Vs.

Sri Suku Majhi

Both the parties hereby mutually and amicably settle

up the dispute for the interest of both sides and to help

securing a healthy & conducive relationship for

miaximization of output in the industry.

Terms: The workman agrees to be reinstated without

back wages with other 14 terms and conditions.

Employer/Management

Employee/Union

TERMS OF RE-INSTATEMENT

i. The concerned candidate shall furnish

unequivocal acceptance of offence committed by

him with unconditional apology thereof and an

undertaking that in future he will never commit

such offence.

ii. The re-instatement of the ex-employee will be

subject to medical fitness for employment by the

AMO of the Area. In case, a candidate is found to

unfit on medical ground, case will not be

processed further.

iii. The concerned ex-employee shall be reinstated in

service as Cat-I Mazdoor at initial basic of the

scale.

iv. The ex-employee concerned shall not be entitled

to any back wages for the period of his idleness.

v. The ex-employee on re-instatement shall be

posted in the under-ground wherever there is

requirement in case any approach/request for

change of work/place of posting, appointment will

cease immediately.

vi. The ex-employee on re-instatement shall be on

probation for a minimum period of 1 (One) year

and the ex-employee shall be confirmed only on

receipt of satisfactory Performance Certification

on expiry of probation period by CGM/GM of the

Area. In case his performance is not found

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1401

satisfactory, his service should be terminated

forthwith.

vii. The concerned ex-employee shall un-

conditionally withdraw all pending claims/

disputes raised by him or any union in any forum/

Court of Law relating to his "Dismissal" and shall

submit no dispute certificate to the management.

viii. The period of absence/idleness of the ex-employee

shall be treated as dies-non.

ix. The ex-employee shall be allowed the benefit of

continuity of service for the period of his idleness

for the purpose of computation of his final

gratuity payment only.

x.. If the ex-employee has already withdrawn his

gratuity amount prior to re-instatement, shall

refund the same to the management prior to his

re-instatement in service. In case Management

has deposited it with the ALCCC)/Controlling

Authority due to any reason whatsoever may be,

it will be called back by the depositing authority

on the ground of re-instatement.

xi. If the ex-employee has already withdrawn his

CMPF accumulation prior to reinstatement his case

shall be regulated as per the CMPF Act/Rules. If

the ex-employee is drawing Pension the same shall

be regulated as per the CMPS/Rules.

xii. The instant order/approval for re-instatement on

the above terms and conditions in respect of

concerned ex-employee/ex-employees shall

remain valid for a period 2 (two) months from the

date of its communication to the ex-employee/ex-

employees by area and shall stand inoperative on

expiry of the said period.

xiii. Before allowing re-instatement as above a mutual

agreement in 'Form-H' under the I.D. Act, 1947/

Rules be entered based on above terms of

reinstatement (from 3 to 13), between the

management, the ex-employee and the sponsoring

Union, if there is any and the copy of same shall

be endorsed to ECL, HQ.

xiv. Prior to reinstatement, the identity of the ex-

employee shall be verified by the concerned Area/

Colliery authority.

ubZ fnYyh] 17 ekpZ] 2015

dk-vk- 581-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

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

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky; vklulksy ds iapkV ¼lanHkZ la[;k 35@2006½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 13&03&2015 dk izkIr gqvk FkkA

[lañ ,y&22012@211@2005&vkbZvkj ¼lh,e&II½]

eksñ tkfgn 'kjhQ] vuqHkkx vf/kdkjh

New Delhi, the 17th March, 2015

S.O. 581.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award Ref. 35/2006 of the Cent. Govt.

Indus. Tribunal-cum-Labour Court, ASANSOL as shown

in the Annexure, in the industrial dispute between the

management of Madhujore Colliery of M/s. ECL, and their

workmen, received by the Central Government on

13-03-2015.

[No. L-22012/211/2005-IR(CM-II)]

Md. ZAHID SHARIF, Section Officer

ANNEXURE

IN THE COURT OF CENTRAL GOVT. INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT ASANSOL

Reference No.: 35/ITC/2006

Management of Madhusudanpur Colliery of

E. C. L.

Vs

Sri Shamlal Murmu

SETTLEMENT IN LOK ADALAT

Held on 20th February, 2015 at Mines Rescue Station,

ECL, Sitarampur.

AWARD

On amicable settlement by both parties the dispute is

resolved in the Lok Adalat. The Form 'H' containing the

terms of agreement of this settlement to be executed by

both the parties in due course. Award is passed and signed

accordingly.

PRAMOD KUMAR MISHRA, Presiding Officer.

IN THE COURT OF CENTRAL GOVT. INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, ASANSOL

LOK ADALAT SETTLEMENT

Place: Mines Rescue Station Sitarampur

Date: 20.02.2015

Ref. 35/2006

The Agent, Madhusudanpur Colliery of ECl

Vs.

Sh. Shyamlal Murmu

1402

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

Both the parties hereby mutually and amicably settle

up the dispute for the interest of both sides and to help

securing a healthy and conductive relationship for

maximization of output in the industry.

Terms: The workman agrees to be reinstated without

back wages and other 14 terms and condition (attached).

1. 20.2.15

[JAGDISH KARMAKAR, Dy Manager (PERS),

MSP]

2. [AJAY KUMAR SHRINET, MANAGER (PERS)

KAJORA AREA]

Employer/Management

SHYAMLAL MURMU

Employee/Union

TERMS OF RE-INSTATEMENT

i. The concerned candidate shall furnish

unequivocal acceptance of offence committed by

him with unconditional apology thereof and an

undertaking that in future he will never commit

such offence.

ii. The re-instatement of the ex-employee will be

subject to medical fitness for employment by the

AMO of the Area. In case, a candidat is found to

unfit on medical ground, case will not be

processed further.

iii. The concerned ex-employee shall be reinstated in

service as Cat-I Mazdoor at initial basic of the

scale.

iv. The ex-employee concerned shall not be entitled

to any back wages for the period of his idleness.

v. The ex-employee on re-instatement shall be

posted in the under-ground wherever there is

requirement in the case any approach/request

for change of work/place of posting, appointment

will cease immediately.

vi. The ex-employee on re-instatement shall be on

probation for a minimum period of 1 (One) year

and the ex-employee shall be confirmed only on

receipt of satisfactory Performance Certification

on expiry of probation period by CGM/GM of the

Area. In case his performance is not found

satisfactory, his service should be terminated

forthwith.

vii. The concernced ex-employee shall un-

conditionally withdraw all pending claims/

disputes raised by him or any union in any forum/

Court of Law relating to his "Dismissal" and shall

submit no dispute certificate to the management.

viii. The period of absence/idlensess of the ex-

employee shall be treated as dies-non.

ix. The ex-employee shall be allowed the benefit of

continuity of service for the period of his idleness

for the purpose of computation of his final

gratuity payment only.

x. If the ex-employee has already withdran his

gratuity amount prior to re-instatement, shall

refund the same to the management prior to his

re-instatement in service. In case Management

has deposited it with the ALCCC)/controlling

Authority due to any reason whatsoever may be,

it will be called back by the depositing authority

on the ground of re-instatement.

xi. If the ex-employee has already withdrawn his

CMPF accumulation prior to reinstatement his case

shall be regulated as per the CMPF Act/Rules. If

the ex-employee is drawing Pension the same shall

be regulated as per the CMPS/Rules.

xii. The instant order/approval for re-instatement on

the above terms and conditions in respect of

concerned ex-employee/ex-employees shall

remain valid for a period 2 (two) months from the

date of its communication to the ex-employee/ex-

employees by area and shall stand inoperative on

expiry of the said period.

xiii. Before allowing re-instatement as above a mutual

agreement in 'Form-H' under the I.D. Act, 1947/

Rules be entered based on above terms of

reinstatement (from 3 to 13), between the

management, the ex-employee and the sponsoring

Union, if there is any and the copy of same shall

be endorsed to ECL, HQ.

xiv. Prior to reinstatement, the identity of the ex-

employee shall be verified by the concerned Area/

Colliery authority.

ubZ fnYyh] 17 ekpZ] 2015

dk-vk- 582-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

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

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky; vklulksy ds iapkV ¼lanHkZ la[;k 36@2007½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 13&03&2015 dks izkIr gqvk FkkA

[lañ ,y&22012@7@2007&vkbZvkj ¼lh,e&II½]

eksñ tkfgn 'kjhQ] vuqHkkx vf/kdkjh

New Delhi, the 17th March, 2015

S.O. 582.—In pursuance of Section 17 of the Industrial

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

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1403

hereby publishes the Award Ref. 36/2007 of the Cent. Govt.

Indus. Tribunal-cum-Labour Court, ASANSOL as shown

in the Annexure, in the industrial dispute between the

management of M/s. Eastern Coalfields Limited, and their

workmen, received by the Central Government on

13-03-2015.

[No. L-22012/7/2007-IR (CM-II)]

Md. ZAHID SHARIF, Section Officer

ANNEXURE

IN THE COURT OF CENTRAL GOVT. INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT,

ASANSOL

Reference No.: 36/ITC/2007

Management of Ratibati Colliery of E.C.L

Vs.

Shri Haren Bouri

SETTLEMENT IN LOK ADALAT

Held on 20th February, 2015 at Mines Rescue Station,

ECL, Sitarampur.

AWARD

On amicable settlement by both parties the dispute is

resolved in the Lok Adalat. The Form 'H' containing the

terms of agreement of this settlement to be executed by

both the parties in due course. Award is passed and signed

accordingly.

PRAMOD KUMAR MISHRA, Presiding Officer

IN THE COURT OF CENTRAL GOVT. INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT,

ASANSOL

Misc. 01/2012 (Original Ref. No. 36/2007)

LOK ADALAT SETTLEMENT

Place: Mines Rescue Station, Sitarampur

Date: 20.02.15

Chapuikhas Colliery,

Vs.

Sri Haren Bouri

Both the parties hereby mutually and amicably settle

up the dispute for the interest of both sides and to help

securing a healthy & conducive relationship for

maximization of output in the industry.

Haren Bouri concerned workman is the employee of Ratibati

Colliery instead of Chapuikhas Colliery

Employer/Management

Employee/Union

H.L. SONI

—Sd—

—Sd—

Asst. General Secy.

Illeligible Illeligible

KMC

TERMS OF RE-INSTATEMENT

i. The concerned candidate shall furnish

unequivocal acceptance of offence committed by

him with unconditional apology thereof and an

undertaking that in future he will never commit

such offence.

ii. The re-instatement of the ex-employee will be

subject to medical fitness for employment by the

AMO of the Area. In case, a candidate is found to

unfit on medical ground, case will not be

processed further.

iii. The concerned ex-employee shall be reinstated in

service as Cat-I Mazdoor at initial basic of the

scale.

iv. The ex-employee concerned shall not be entitled

to any back wages for the period of his idleness.

v. The ex-employee on re-instatement shall be

posted in the under-ground wherever there is

requirement in case any approach/request for

change of work/place of posting, appointment will

cease immediately.

vi. The ex-employee on re-instatement shall be on

probation for a minimum period of 1(One) year

and the ex-employee shall be confirmed only on

receipt of satisfactory Performance Certification

on expiry of probation period by CGM/GM of the

Area. In case his performance is not found

satisfactory, his service should be terminated

forthwith.

vii. The concerned ex-employee shall un-

conditionally withdraw all pending claims/

disputes raised by him or any union in any forum/

Court of Law relating to his "Dismissal" and shall

submit no dispute centificate to the management.

viii. The period of absence/idleness of the ex-employee

shall be treated as dies-non.

ix. The ex-employee shall be allowed the benefit of

continuity of service for the period of his idleness

for the purpose of computation of his final gratuity

payment only.

x. If the ex-employee has already withdrawn his

gratuity amount prior to re-instatement, shall

refund the same to the management prior to his

re-instatement in service. In case Management

has deposited it with the ALC(C)/Controlling

Authority due to any reason whatsoever may be,

it will be called back by the depositing authority

on the ground of re-instatement.

xi. If the ex-employee has already withdrawn his

CMPF accumulation prior to re-instatement his

case shall be regulated as per the CMPF Act/Rules.

If the ex-employee is drawing Pension the same

1404

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

shall be regulated as per the CMPS/Rules.

xii. The instant order/approval for re-instatement on

the above terms and conditions in respect of

concerned ex-employee/ex-employees shall

remain valid for a period 2 (two) months from the

date of its communication to the ex-employee/ex-

employees by area and shall stand inoperative on

expiry of the said period.

xiii. Before allowing re-instatement as above a mutual

agreement in ‘Form-H’ under I.D. Act, 1947/Rules

be entered, based on above terms of re-instatement

(from 3 to 13), beween the management, the ex-

employee and the sponsoring Union, if there is

any and the copy of same shall be endorsed to

ECL, HQ.

xiv. Prior to re-instatement , the identity of the ex-

employee shall be verified by the concerned Area/

Colliery authority.

ubZ fnYyh] 17 ekpZ] 2015

dkñvkñ 583-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

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

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky; uñ 1] /kuckn ds iapkV ¼lanHkZ la[;k 74@2005½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 11-03-2015 dks izkIr gqvk FkkA

[lañ ,yñ 22012@386@2004&vkbZñvkjñ¼lh,e&II½]

eksñ tkfgn 'kjhQ] vuqHkkx vf/kdkjh

New Delhi, the 17th March, 2015

S.O. 583.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award Ref. 74/2005 of the Cent. Govt.

Indus. Tribunal-cum-Labour Court No 1, Dhanbad as

shown in the Annexure, in the industrial dispute between

the management of Food Corporation of India, and their

workmen, received by the Central Government on

13.03.2015.

[No. L-22012/386/2004-IR(CM-II)]

Md. ZAHID SHARIF, Section Officer

ANNEXURE

Before the Central Government Industrial Tribunal

No.1, Dhanbad

In the matter of reference U/S 10 (1) (d) (2A) of I.D. Act,

1947

Ref. No. 74 of 2005

Employer in relation to the management of Food

Corporation of India, Gaya

AND

Their workmen

Present:—Sri Ranjan Kumar Saran, Presiding Officer

Appearances:

For the Employers :—None

For the workman :—Sri V. Kumar, Rep.

State : Jharkhand

Industry :—Food

Dated 27.02.2015

AWARD

By Order No. L-22012/386/2004-IR (CM-II), dated.

29.06.2000, the Central Government in the Ministry of

Labour has, in exercise of the powers conferred by clause

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

the Industrial Disputes Act, 1947, referred the following

disputes for adjudication to this Tribunal:

SCHEDULE

"Whether the action of the management of Food

Corporation of India in terminating the service of

workmen Sh. Deepak Kumar and other (list enclosed

w.e.f. 01.09.95 and 01.10.96 insteed of regularizing

their service is legal and justified. If not, to what

relief the workman is entitled?"

Sl.

Name of the workmen

Date of

Date of

No.

engagement retrenchment

1.

Shri Deepak Kumar

01.09.94

01.09.95

2.

Shri Anjani Kumar

01.09.94

01.09.95

3.

Shri Girish Kr. Sinha

01.09.94

01.09.95

4.

Shri Bipin Kumar

01.09.94

01.09.95

5.

Shri Roshan Kr. Kashyap

01.09.94

01.09.95

6.

Shri Santosh Kumar

01.09.94

01.09.95

7.

Shri Kukesh Kumar

01.09.94

01.09.95

8.

Shri Babloo

01.09.94

01.09.95

9.

Shri Sushil Kumar

01.09.94

01.09.95

10.

Shri Dilip

01.09.94

01.09.95

11.

Shri Vinod Kumar

01.09.95

01.10.96

12.

Shri Manoj Kr. Sinha

01.09.95

01.10.96

13.

Shri Om Kumar

01.09.95

01.10.96

14.

Shri Sanjay Kumar

01.09.95

01.10.96

15.

Shri Rakesh Kumar

01.09.95

01.10.96

16.

Shri Ajoy Kumar

01.09.95

01.10.96

17.

Shri Uday Sharma

01.09.95

01.10.96

18.

Shri Raj Kumar Singh

01.09.95

01.10.96

19.

Shri Sanjeev Kumar

01.09.95

01.10.96

20.

Shri Anil Kumar

01.09.95

01.10.96

21.

Shri Gopal Prasad

01.09.95

01.10.96

2. This Case is received from the Ministry of Labour &

Employment on 12.09.2005. After receipt of reference, both

parties are noticed. The workman files their written statement

on 23.09.2005. But the management after long delay files

written statement on 01.04.2010. Document marked by the

workman as W-1 Series and W-2. The workman also filed

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1405

three affidavit evidence, he has not been cross examined

by the management, due to lapses of management.

3. The short point involved in this reference is that,

whether the termination of the workman is just and proper

or not. The workmen have been terminated by the

management without assigning any rhyme or reason.

4. On the other hand the workman submitted, they

were rendering proper service to the management and they

were also availling LTC etc. and in support of that they

filed photo copies of such documents. They have also

filed the photo copies of the Attendance sheets of all the

workmen. As per document available on the record and as

per the affidavit filed by the workman, there are many post

vacant in category IV.

5. Workman files many documents, marked as W-1 &

W-2 series, which shows that they have completed 240

days in the calendar year.

6. Moreover the management has not adduce any

evidence, nor turn up since last 7 to 8 dates to pursue and

did not choose to cross examine the workmen witnesses.

7. Considering the facts and circumstances of this case,

I holds that the termination of the workman is totally illegal,

Hence they be allowed to continue in the job without any

back wages against the regular post.

This is my award.

R.K. SARAN, Presiding Officer

ubZ fnYyh] 17 ekpZ] 2015

dk-vk- 584-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

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

kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ"V

vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;

uañ 1] p.Mhx<- ds iapkV ¼lanHkZ la[;k 13@2011½ dks izdkf'kr djrh

gS] tks dsUnzh; ljdkj dks 11-03-2015 dks izkIr gqvk FkkA

[lañ ,yñ 22011@2@2004&vkbZñvkjñ¼lh,e&II½]

eksñ tkfgn 'kjhQ] vuqHkkx vf/kdkjh

New Delhi, the 17th March, 2015

S.O. 584.— In pursuance of Section 17 of the Industrial

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

hereby publishes the Award Ref. 13/2011 of the Cent. Govt.

Indus. Tribunal-cum-Labour Court No 1, Chandigarh as

shown in the Annexure, in the industrial dispute between

the management of Food Corporation of India, and their

workmen, received by the Central Government on

11.03.2015.

[No. L-22012/2/2011-IR(CM-II)]

Md. ZAHID SHARIF, Section Officer

ANNEXURE

BEFORE SHRI SURENDRA PRAKASH SINGH,

PRESIDING OFFICER, CENTRAL GOVT.

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-I,

CHANDIGARH.

Case No. ID 13 of 2011

Reference No. L-22011/2/2011-IR(CM-II) dated

18.05.2011.

The General Secretary, FCI Class IV Karamchari Sangh,

Central Office, 1185/1, B-17, Lal Kothi, Azad Nagar,

Ludhiana.

Workman

Versus

1. The General Manager, (IR) Food Corporation of

India, 16-20, Barakhamba Lane, New Delhi. 110001.

2. The Senior Regional Manager, Food Corporation

of India, Punjab Region, Sector-31, Chandigarh.

Respondents

Appearances

For theWorkman:

None

For the Management:

Shri Arun Batra proxy for Shri N.K.

Zakhmi Advocate.

AWARD

Dated: 26.02.2015

Government of India Ministry of Labour vide

notification L-22011/2/2011-IR(CM-II) dated 18.05.2011 has

referred the following dispute to this Tribunal for

adjudication:

TERM OF REFERENCE

"Whether the action of the management of FCI,

Punjab Region in not deploying the security guard

on Direct Payment System as recommended by Three

Member Committee and not regularizing the 34 casual

workers by the FCI department is just, fair and legal?

To what relief the concerned workers are entitled

and from which date?"

2. On receipt of the reference, notices were issued to

the parties. Earlier the parties were appearing. Union filed

the statement of claim to which the management filed

written statement. During the course of proceedings Shri

Mangat Nath Bali, President FCI Class IV Karamchari Sangh

filed application withdrawing the demand regarding not

regularizing the 34 regular workers by the management.

3. The case was adjourmed for filing the affidavit in

evidence by the workmen since May 2012. The Union

stopped attending hearing and did not file any affidavit in

evidence. For the last about three years the case was

adjourned time and again for filing of affidavit in evidence

by the union. None is appearing on behalf of the Union

from the several dates. It appears the Union is not interested

1406

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

to pursue the present reference. As the Union is not

appearing, therefore, no purpose would be served in keeping

the case pending. In view of the above, the present

reference is returned is to the Central Govt. for want of

prosecution.

4. The reference is disposed off accordingly. Central

Govt. be informed. Soft as well as hard copy be sent to the

Central Govt. for publication.

Chandigarh

26.2.2015

S. P. SINGH, Presiding Officer

ubZ fnYyh] 17 ekpZ] 2015

dkñvkñ 585.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa] dsnzh; ljdkj ,Q-ñlhñvkbZñ ds

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky; uñ 2] p.Mhx<+ ds iapkV ¼lanHkZ la[;k 615@2005½ dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 11@03@2015 dks izkIr gqvk

FkkA

[lañ ,y- 22012@290@1999&vkbZ-vkj- ¼lh,e&II½]

eksñ tkfgn 'kjhQ] vuqHkkx vf/kdkjh

New Delhi, the 17th March, 2015

S.O. 585.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award Ref. 615/2005 of the Cent.

Govt. Indus. Tribunal-cum-Labour Court No. 2,

Chandigarh as shown in the Annexure, in the Industrial

dispute between the management of Food Corporation of

India, and their workmen, received by the Central

Government on 11/03/2015.

[No. L-22012/290/1999-IR (CM-II)]

Md. ZAHID SHARIF, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH.

Present: Sri Kewal Krishan, Presiding Officer,

Case No. I.D. No. 615/2005

Registered on 24.8.2005

Workmen through Food Corporation of India Ancillary

Labour Workers Union, C/o President, Charan Singh son

of Sh. Gurnam Singh, Choor Chak, District Moga.

....Petitioner

Versus

1. Food Corporation of India, Regional Office, Sector

34, Chandigarh, through its Regional Manager.

2. The District Manager, Food Corporation of India,

804, Gurdev Nagar, Ludhina.

3. The Assistant Manager, Food Storage Depot, FCI,

Jagraon, District Ludhiana.

.... Respondents

APPEARANCES

For the workman

Sh. Harmandeep Singh Adv.

For the Management

Sh. N.K. Zakhmi, Adv.

AWARD

Passed on 21/1/2015

Central Government vide Notification No. L-22012/290/

99 IR(CM-II) Dated 24.1.2000, by exercising its powers

under Section 10 of Sub-section (1) Clause (d) and Sub-

section (2-A) of the Industrial Disputes Act, 1947

(hereinafter referred to as 'Act') has referred the following

Industrial dispute for adjudication to this Tribunal:

“Whether the action of the management of FCI, in

not regularizing the services of workers concerned

is just and legal? If not, to what relief the workman

are entitled and from which date?”

Briefly stated the facts are that according to 18 workers

whose names find mentioned in para 2 of the statement of

claim, worked for several years under Assistant Manager,

FCI, Jagraon. They were working in the premises and control

of the FCI Officers. It is pleaded that their services have

not been regularized and the FCI has been appointing

persons on regular basis which is a discrimination and

injustice. It is further pleaded that daily wage workers are

entitled to minimum pay scales as is given to regular

employees. That the management be directed to regularize

their services and they be paid salary as being paid to

regular employees.

Respondent management filed written reply

controverting the averments and pleaded that the workmen

whose names find mention in the statement of claim never

worked with the FCI Depot at Jagraon. As per Ishwari Prasad

report, the persons who were working with the contractors

for a period of three years prior to February, 1997 were to

be covered under the direct payment system and since the

names of the workers did not find mention in the gate entry

register, acquaintance rolls and EPF Schedule, they were

not entitled to benefit. All other averments were

controverted.

Parties were given opportunities to lead their respective

evidence.

Some of the labourers namely Nirmal Singh, Jarnail

Singh, Prakash Nath, Yograj Singh, Butta Singh, Baijnath,

Gurmail Singh, Ballaur Singh, Hansjit Singh, Sarabjit Singh,

Charan Singh, Shamsher Singh and Iqbal Singh appeared

in the witness box; and filed their respective affidavits

reiterating the stand taken by them in the statement of

claim.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1407

On the other hand the management has examined Anuj

Tyagi, who filed his affidavit reiterating the stand of

respondent management as taken in the written statement.

I have heard Sh. Harmandeep Singh, Counsel for the

workmen and Sh. N.K. Zakhmi, counsel for the management

and perused ther file carefully.

It was vehemently Argued by learned counsel for the

workmen that workmen have been working with the FCI

since long and some of them even have been working since

1979, 1983 and 1984 and from the copies of the gate passes,

it is clear that the were working fom the respondent

management and they are entitled to regularization of their

services.

Suffice it to say, that the respondent management i.e.

Food Corporation of India, denied that the workmen actually

did work for it at any point of time. In these circumstances,

it was incumbent on the workmen to prove that they actually

did work for the respondent management. Photocopies of

gate passes Mark 1 to Mark 14 has been placed on the file

which were put to Anuj Tyagi, a witness of the management.

But these copies do not depict any where that any of the

workmen ever worked for the FCI at any point of time. The

workers did not produce or prove any document to

establish that they were engaged by the respondent

department or they have ever received any salary from it.

From the bare statements of the workmen who appeared in

the witness box, it cannot be said that they were ever

engaged by the respondent department. The witness had

deposed that they were called by Mr. Dadwal, AG-2 and

Harbans Singh, AG-2 meaning thereby that they were

employed by them but there is nothing on the file to show

that Mr. Dadwal, AG2 and Mr. Harbans Singh, AG 2 were

ever authorized to employ them. Since it is not proved on

the file that workmen ever received any salary from the

FCI, it cannot be said that they ever worked or employed

by the FDI. The workmen simply claim regularization of

their services on the strength of the period they allegedly

worked for the respondent management. Even if it is taken

that they worked as alleged by them, they cannot claim

regularization of their services as person to the post is to

be appointed by following the Rules and Regulations and

the Hon'ble Apex Court in the latest pronouncement in

Secretary, State of Karnataka Vs. Uma Devi reported in

A.I.R. 2006 S.C. 1806, the Hon'ble Apex Court observed

that employees who were not appointed by observing the

regular procedure and rules are not entitled to regularization

of their services. The Hon'ble Apex Court observed in para

1of the judgement as follows:—

Public employment in a sovereign socialist secular

democratic republic, has to be as set down by the

Constitution and the laws made thereunder. Our

constitutional scheme envisages employment by the

government and its instrumentalities on the basis of

a procedure established in that behalf. Equality of

opportunity is the hallmark, and the Constitution has

provided also for affirmative action to ensure that

unequals are not treated equals. Thus, any public

employment has to be in terms of the constitutional

scheme.

It was further observed in para 5 of the judgement as

follow:—

The power of a state as an employer is more limited

than that of a private employer inasmuch as it is

subjected to constitutional limitations and cannot

be exercised artitrarily Article 309 of the Constitution

gives the Government the power to frame rules for

the purpose of laying down the conditions of service

and recruitment of persons to be appointed to public

services and posts in connection with the affairs of

the Union or any of the States. The article

contemplates the drawing up of a procedure and rules

to regulate the service conditions of appointees

appointed to public posts. It is well acknowledged

that because of this, the entire process of recruitment

and for services of controlled by detailed procedures

which specify the necessary qualifications, the mode

of appointment etc. It rules have been made under

Article 309 of the Constitution, then the Government

can make appointments only in accordance with the

rules.

The Hon'ble Apex Court further observed in para 34

of the judgment as follows:—

Thus, it is clear that adherence to the rule of equality

in public employment if a basic feature of our

constituion and since the rule of law is the core of

our constitution, a court would certainly be disabled

from passing an order upholding a violation of Article

14 or in ordering the overlooking of the need to

comply with the requirements of Article 14 read with

Article 16 of the constitution. Therefore, consistent

with the scheme for public employment, this court

while laying down the law, has necessarily to hold

that unless the appointment is in terms of the relevant

rules and after a proper competition among qualified

persons, the same would not confer any right on the

appointee. It is is a contractual appointment,

appointment comes to an end at the end of the

contract, if it were an engagement of appointment on

daily wages or casual basis; the same would come to

an end when it is discontinued. Similarly, a temporary

employee could not claim to be made permanent on

the expiry of the terms of his term of appointment. It

has also to be clarified that merely because a

temporary employees or a casual wage worker is

continued for a time beyond the term of his

appointment, he would not be entitled to be absorbed

in regular service of made permanent merely on the

1408

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

strength of such continuance, if the original

appointment was not made by following a due

process of selection as envisaged by the relevant

rules. It is not open to the court to prevent regular

recruitment at the instance of temporary employees

whose period employment has come to an end or of

ad hoc employee who by the very nature of their

appointment, do not acquire any right. High Courts

acting under article 226 of the constitution of India,

should not ordinarily issue directions for absorption,

regularization, or permanent continuance unless the

recruitment itself was made regularly and in terms of

the constitutional scheme. Merely because an

employee had continued under cover of an order of

court, which we have described as litigious

employment in the earlier part of the judgment, he

would not be entitled to any right to be absorbed or

made permanent in the service. In fact, in such cases

the High Court may not be justified in issuing interim

directions, since, after all, if ultimately the employee

approaching it is found entitled to relief, it may be

possible for it to mould the relief in such a manner

that ultimately no prejudice will be caused to him,

whereas an interim direction to continue his

employment would hold up the regular procedure

for selection or impose on the state the burden of

paying an employee who is really not required. The

courts must be careful in ensuring that they do not

interfere unduly with the economic arrangement of

its affairs by the state or its instrumentalities or lend

themselves the instruments to facilitate the bypassing

of the constitutional and statutory mandate.

Thus, the workmen cannot claim right for the

regularization of their services simply on account of the

fact that they were employed by the FCI, which fact is also

not proved on the file.

Though it is pleaded that daily wage workers are

entitled to minimum pay scales as is being given to regular

employees but this question need no determination as the

reference is only regarding whether the workers are entitled

to regularization of their services and the said fact is not

proved on the file and they are not entitled to regularization

of their services.

In result, the reference is decided against the workers

and it is held that workmen are not entitled to any relief.

The reference is accordingly answered against the

workmen. Let hard and soft copy of the award be sent to

the Central Government for further necessary action.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh] 17 ekpZ] 2015

dk-vk- 586-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj lhñihñ MCY;wñ ds izca/

kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ"V

vkS|kSfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;

uañ 2] p.Mhx<+ ds iapkV ¼lanHkZ la[;k 530@2005½ dks izdkf'kr djrh

gS] tks dsUnzh; ljdkj dks 11@03@2015 dks izkIr gqvk FkkA

[lañ ,yñ 42012@147@2003&vkbZñvkjñ ¼lh,e&II½]

eksñ tkfgn 'kjhQ] vuqHkkx vf/kdkjh

New Delhi, the 17th March, 2015

S.O. 586.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award Ref. 530/2005 of the Cent. Govt.

Indus. Tribunal-cum-Labour Court No 2, Chandigarh as

shown in the Annexure, in the industrial dispute between

the management of Central Public Works Department, and

their workmen, received by the Central Government on 11/

03/2015.

[No. L-42012/147/2003-IR (CM-II)]

Md. ZAHID SHARIF, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II, CHANDIGARH

Present: Sri Kewal Krishan, Presiding Officer.

Case No. I.D. No. 530/2005

Registered on 22.8.2005

1.

The Zonal Secretary, All India CPWD (MRM)

Karamchari Sanghathan (Regd) CPWD Store Building

Sector 7B, Chandigarh,

2.

Sh. Krishan Kumar, Son of Sh. Dalip Singh,

Carpenter C/O All India CPWD (MRM) Karamchari

Sangathan (Regd) through Zonal Secretary, CPWD Store

Building, Sector 7B, Chandigarh.

.....Petitioner

Versus

1. The Director General (Works), CPWD, Nirman

Bhawan, New Delhi.

2. The Executive Engineer, Chandigarh Central

Division-I, CPWD, Kendriya Sadan, Sector 9A,

Chandigarh

....Respondents

APPEARANCES

For the workman

Sh. S.D. Sharma, Adv.

For the Management

Sh. G.C. Babbar, Adv.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1409

AWARD

Passed on 8.1.2015

Central Government vide Notification No. L-42012/

147/2003 IR(CM-II) Dated 29.7.2004, by exercising its

powers under Section 10 sub-section (1) Clause (d) and

sub-section (2-A) of the industrial Disputes Act, 1947

(hereinafter referred to as 'Act') has referred the following

Industrial dispute for adjudication to this Tribunal:—

"Whether the contract between the management of

CPWD and the contractor is sham? if so, the demands

of AII India CPWD (MRM) Karamchari Sangathan

for reinstatement/regularization of Sh. Krishan Kumar

in the establishment of CPWD is justified and to

what relief he is entitled?"

In response to the notice, the workman appeared and

submitted statement of claim pleading that he was employed

by the respondent managment as carpenter through a

contractor w.e.f. 28.12.1996. That he worked under the

complete control of the management and the work entrusted

to him of perennial in nature. The workman continued

working under different contractors i.e.M/s Ahluwalia,

M/s Subhash Chand Goyal and Sons, M/s Flair Agencies,

M/s Diwan Chand Singla and M/s Fire Well and others in

pursuance of the contract awarded to them, but he was

working under the direct supervision and control of the

management continuously and without any break; and as

such, there is a direct relationship of employer and

employee between the respondent management and the

workman and the contract entered into between the

management and the contractor is a sham transaction and

the arrangement was made just to escape the responsibility

under the Industrial Disputes Act, 1947. That the Hon'ble

High Court of Delhi gave certain directions in Civil Writ

Petition No. 8741 of 1998 to absorb the contract workers

and the Central Advisory Contract Labour Board submitted

the recommendations dated 18.12.2001. Though the

workman has been working regularly for the last so many

years but his services were not regularized by the

management. That his services are liable to be regularized

as there are vacant posts of Pump Operators. He is also

entitled to claim pay as is being given to regular employees

performing the same function as is being performed by the

workman. Since he has been working for the last more than

seven years, his services are to be regularized.

The respondent management filed written reply

controverting the averments and pleaded that there is no

relationship of employer and employee between the parties.

That the mamagement entered into a contract with the

contractor for the maintenance of General Pool

Accommodation who deployed certain persons as per terms

and conditions of the agreement. That the workman was

not paid any wages by the department and he was not

employed by it as Carpenter. That the amount was paid to

the contractors who may be paying the wages to the

persons engaged by him. All other averments were also

controverted.

In the replication, the workman reiterated the stand as

set out in the statement of claim.

Parties were given opportunities to lead its evidence.

In support of its case, workman appeared in the witness

box and examined Raj Kumar as well as Rajiv Kumar

Bhardwaj.

Workman filed his affidavit reiterating the stand taken

by him in the statement of claim.

Raj Kumar also filed his affidavit supporting the

version of the workman. Rajiv Kumar Bhardwaj, a Junior

Engineer of the management, had deposed that the workman

was working under him as Carpenter and he used to report

to him for duty. He produced the attendance sheets Exhibit

WW1 to WW57.

On the other hand, the mamagement has examined

Sh. U.C. Sachdeva, Executive Engineer who filed his

affidavit reiterating the stand taken by the management in

the written statement.

I have heard Sh. S.D. Sharma, counsel for the workman

and Sh. G.C. Babbar, counsel for the mamagement and

perused the file carefully.

It was vehemently argued by the learned counsel for

the workman that workman has been working with the

respondent management since 28.12.1996 who has direct

supervision and control over the workman and contract

entered into by the management with the contractor is a

sham transaction. He has further pointed out that the

workman worked under various contractors which is

sufficient to prove that he has actually been working under

the control of the management and the same is also clear

from the attendance sheets Exhibit WW1 to WW57 as

deposed by Rajiv Kumar Bhardwaj and therefore he is

entitled for the regularization of his services. A contention

was also raised that department has failed to examine the

contractor and also failed to produce the summoned record

and an adverse inference be drawn against it and the

workman be granted the relief as claimed by him.

I have considered the contentions raised by the learned

counsel for the workman.

It may be added that it is the case of the workman

himself that he was engaged through a contractor and it is

nowhere his case that he was employed by the management

on contract basis. Since he was employed through a

contractor, he cannot claim himself to be an employee of

the respondent management. Though the statement of Rajiv

Kumar Bhardwaj prove that the workman has been working

with the respondent management continuously, but the

same does not itself prove that he is actually an employee

of the respondent management as it is not proved on the

file that he was selected by the management or he was ever

1410

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

paid any wages by it. Again there is nothing on the file to

suggest that management has role in making the selection

and taking any disciplinary action against him. Thus, it

cannot be said that he is an employee of the respondent

management simply by considering the length of service

he did with the respondent management through the

contractor and the contract entered into between the

management and the contractor for providing services is a

sham transaction. In the circumstances non-examination

of the contractor and the production of any record is of no

consequence.

Raj Kumar, a witness of the workman has admitted

that the job of a carpenter is in 'Group C' category and there

are Recruitment Rules for the recruitment of the Carpenter.

There is nothing on the file that their workman was

appointed as carpenter by following any rules for the

obvious reason that he was employed by the contractor.

In the circumstances, the workman is not entitled to the

regularization of his services. In the latest pronoucement,

Secretary State of Karnataka Vs. Uma Devi reported in A.I.R.

2006 S.C. 1806, the Hon'ble Apex Court observed that

employees who were not appointed by observing the

regular procedure and rules are not entitled to regularization

of their services. The Hon'ble Apex Court observed in para

1 of the judgement as follows:—

Public employment in a sovereign socialist secular

democratic republic, has to be as set down by the

Constitution and the laws made thereunder. Our

constitutional scheme envisages employment by the

government and its instrumentalities on the basis of a

procedure established in that behalf. Equality of

opportunity is the hallmark, and the Constitution has

provided also for affirmative action to ensure that unequals

are not treated equals. Thus, any public employment has

to be in terms of the constitutional scheme.

It was further observed in para 5 of the judgment as

follows:—

The power of a state as an employer is more limited

than that of a private employer in as much as it is subjected

to constitutional limitation and cannot be exercised

arbitrarily. Article 309 of the Constitution gives the

Government the power to frame rules for the purpose of

laying down the conditions of service and recruitment of

persons to be appointed to public services and posts in

connection with the affairs of the Union or any of the States.

The article contemplates the drawing up of a procedure

and rules to regulate the service conditions of appointees

appointed to public posts. It is well acknowledged that

because of this, the entire process of recruitment and for

specify the necessary qualifications, the mode of

appointment etc. If rules have been made under Article 309

of the Constitution, then the Government can make

appointments only in accordance with the rules.

The Hon'ble Apex Court observed in para 34 of the

judgment as follows:—

Thus, it is clear that adherence to the rule of equality

in public employment is a basic feature of our

constitution and since the rule of law is the core of

our constitution, a court would certainly be disabled

from passing an order upholding a violation of Article

14 or in ordering the overlooking of the need to

comply with the requirements of Article 14 read with

Article 16 of the constitution. Therefore, consistent

with the scheme for public employment, this court

while laying down the law, has necessarily to hold

that unless the appointment is in terms of the relevant

rules and after a proper competition among qualified

persons, the same would not confer any right on the

appointee. If it is a contractural appoitment,

appointment comes to an end at the end of the

contract, if it were an engagement of appointment on

daily wages or casual basis; the same would come to

an end when it is discontinued. Similarly, a temporary

employee could not claim to be made permanent on

the expiry of his term of appointment. It has also to

be clarified that merely because a temporary employee

or casual wage worker is constinued fro a time

beyond the term of his appointment, he would not

be entitled to be absorbed in regular service or made

permanent, merely on the strength of such

continuance, if the original appointment was not made

by following a due process of selection as envisaged

by the relevant rules. It is not open to the court to

prevent regular recruitment at the instance of

temporary employees whose period employment has

come to an end or of ad hoc employee who by the

very nature of their appointment, do not acquire any

right. High Court acting under article 226 of the

constitution of India, should not ordinarily issue

directions for obsorption, regularization, or

permanent continuance unless the recruitment itself

was made regularly and in terms of the contitutional

scheme. Merely because an employee had continued

under cover of an order of court, which we have

decribed as litigious employment in the earlier part

of the judgment, he would not be entitled to any

right to be obsorbed or made permanent in the

service. In fact, in such cases the High Court may

not be justified in issuing interim directions, since,

after all, if ultimately the employee approaching it is

found entitled to relief, it may be possible for it to

mould the relief in such a manner that ultimately no

prejudice will be caused to him, whereas an interim

direction to continue his employment would hold up

the regular procedure for selection or impose on the

state the burden of paying an employee who is really

not required. The courts must be careful in ensuring

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1411

that they do not interfere unduly with the economic

arragement of its affairs by the state or its

instrumentalities or lend themselves the instruments

to facilitate the bypassing of the constitutional and

statutory mandate.

Thus an employee who is not appointed as per terms

of the relevant rules and regulations, his services cannot

be regularized as stated above. Since the workman was not

appointed as per any rules, he is not entitled to the

regularization of his services as claimed by him.

Though it is not in the reference, the workman has

claimed equal pay for equal work by stating that the job

performed by him is also being done by the regular

employees and he is entitled to the same pay as is given to

he regular employees. As it is found that he is not n employee

of the respondent management but is of the contractor,

therefore, he cannot claim any parity with the regular

employees of the respondent management.

In result it is held it is not proved that there is a

relationship of employer nd employees between the parties

and the contract between the management and the

contractor is a sham transaction. The workman is not entitled

to regularization of his services or any other relief and

accordingly the reference is answered against him. Let hard

and soft copy of the award be sent to the Central

Government for further necessary action.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh] 17 ekpZ] 2015

dk-vk- 587-—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947 dk

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

izca/kr= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky; y[kuÅ ds iapkV ¼lanHkZ la[;k 06@2010½ dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 17@03@2015 dks izkIr gqvk FkkA

[ lañ ,y&22011@68@2009&vkbZvkj ¼lh,e&II½]

eksñ tkfgn 'kjhQ] vuqHkkx vf/kdkjh

New Delhi, the 17th March, 2015

S.O. 587.—In pursuance of Section 17 of the

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

Government hereby publishes the Award Ref. 06/2010 of

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

Lucknow as shown in the Annexure in the Industrial Dispute

between the management of Food Corporation of India,

and their workmen, received by the Central Government on

17/03/2015.

[No. L-22011/68/2009-IR(CM-II)]

Md. ZAHID SHARIF, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-

CUM-LABOUR COURT, LUKNOW

PRESENT

RAKESH KUMAR

PRESIDING OFFICER

I.D. No. 06/2010

Ref. No. L-22011/68/2009-IR(CM-II) dated 30.03.2010

BETWEEN

Shri Ved Ram & others

C/o Shri Chandra Mohan Shukla

365/7 Sadar Bazar

Lucknow

AND

1. The Regional Manager

Food Corporation of India

TC/3V, Vibhuti Khand

Gomti Nagar, Lucknow.

2. The Distt. Manager

Food Corporation of India

Depot Rauser Kothi

Shahjahanpur (U.P.)

AWARD

1. By order No. L-22011/68/2009-IR(CM-II) dated

30.03.2010 the Central Government in the Ministry of

Labour, New Delhi in exercise of powers conferred by clause

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

the Industrial Disputes Act, 1947 (14 of 1947) referred this

industrial dispute between Shri Ved Ram & other, C/o Shri

Chandra Mohan Shukla, 365/7, Sadar Bazar, Lucknow and

the Regional Manager, Food Corporation of India, TC/3V,

Vibhuti Khand, Gomti Nagar, Lucknow & the Distt. Manager,

Food Corporation of India, Depot Rauser Kothi,

Shahjahanpur (U.P.) for adjudication to this CGIT-cum-

Labour Court, Lucknow.

2. The reference under adjudication is:

"Whether the demand of Shri Vedram & 261 others

(As per list enclosed) for the their regulaziation with

the management of FCI at Rouserkothi depot & Rail

Head, Shahjahanpur is legal and justified? To what

relief are the claimant workman entitled for?'

3. The case of the workman, in brief, is that the workman,

Ved Ram & 261 others have been working at the Depot

Raouser Kothi and Rail head District Shahjanpur of several

years; and they have been engaged in loading and

uploading work. It is submitted by the workmen that the

management introduced the direct payment system in

8 depots, including Shahjahanpur but the management

failed to do so. It is submitted that the contract system has

been abolished in other 7 depots at Shahjahanpur by the

1412

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

FCI vide their order dated 05.12.1994 and 06.12.1994; and

accordingly, the workers at other depot are getting wages

and other benefits from FCI only these 262 workmen

involved in the present industrial dispute are deprived of

the benefits. Accordingly, the workmen have prayed that

their services may be regularized form 1972 onwards.

4. The management of the Food Corporation of India

has disputed the claim of the workmen and stated that

direct payment system has never been implemented at FSD,

Rouserkothi depot and contract labour system is prevalent

at Rourserkothi depot since its inception. In this regard it

has been specifically submitted that Government of India

has issued a notification of selected depots on 23.04.2010

in which name of FSD, Rouserkthi was not included. It is

also submitted by the management of FCI that the workmen

are not their employees rather they are engaged by some

contractor, therefore they cannot raise any dispute against

the FCI as the Food Corporation of India is not the employer

of contract labours. The management has also raised

objection against the manner of representation of the

workmen by an unregistered union. Accordingly, the

management of FCI has prayed that the claim of the workmen

be rejected being devoid of any merit.

4. The workmen have filed its rejoinder wherein apart

from reiterating the averments already made in the statement

of claim, it has submitted that a committee constituted by

the workmen under Industrial Disputes Act is authorized

and empowered to spouse the cause of the workmen.

5. The parties have filed photocopy of documentary

evidence in support of their respective claim. The workmen

have filed evidence of Shri Ved Ram, Siya Nand, Amar Singh,

Zahoor. The management cross-examined the workmen's

witnesses; whereas the management has not produced

any evidence in support of their claim. The parties

forwarded oral argument in support of their respective

stands.

6. Heard authorized representatives of the parties and

perused entire evidence available on record.

7. The case of the workmen is that they are working

with the management of FCI for more than 20 years and the

management is treating them as contractual workmen and

making payment accordingly. It is also the case of the

workman that the contract labour system has been

abolished by the Government of India vide notification

dated 23.04.2010, prohibiting works of loading, unloading,

stacking, destacking, restacking, standardization,

weitghment, sweeping and cleaning in the godowns and

depots of the FCI. The name of Shahjahanpur Depot finds

its reference in the schedule attached to it. It is also

submitted by the workmen's representative that direct

payment system has already been introduced in many

depots of FCI, including Shahjahanpur depot of U.P. Region

vide letter dated 06.02.75, therefore, after abolition of

contract labour system the labourers may be regularized

and made payment and other benefits.

8. In rebuttal, the management has contended that the

applicants are contractor's worker and they are not the

employee of the FCI. Moreover, it is also argued that the

notification dated 23.04.2010, prohibiting contract labour

practive in Shahjahanpur Depot, has been challenged before

Hon'ble High Court and the writ is pending, therefore, the

statement of claim has no merit. Further, it has also been

contended by the management that the direct payment

system is not applicable in Rouser Kothi Depot, where the

wormen discharge their duties.

9. I have given my thoughtful consideration to the

rival contentions of the parties.

10. The management of the FCI has come forward with

the contention that the applicants under dispute are not

their workmen rather they are workmen of the contracting

agency. In rebuttal, the workmen's case is that the practice

of contract labour has been abolished in FCI depot vide

notification dated 23.04.2010 and the name of Shahjahanpur

Depot finds its reference at serial No. 01, therefore, all the

workmen alleged to be the workers of the Contractor be

treated/deemed to be workmen of FCI. Though the

management has contended that the said notification dated

23.04.2010, abolishing contract labour system has been

challenged in a Writ Petition. Here it is necessary to mention

that there is no order, on the record, staying the above

notification dated 23.04.2010; neither is there any stay order

by the Hon'ble High Court on the proceedings before this

Tribunal. It is also noteworthy to mention that the

notification dated 23.04.2010 has been issued by the

Competent Government with in wake of the powers

conferred upon it vide Section 10 (1) of the Contract Labour

(Regulation and Abolition) Act, 1970 and the above

provision of the Act has not been declared void or ultra

virus by the Hon'ble Apex Court, therefore, the notification

issued in pursuance to the provision contained in the Act

prevails good.

Hon'ble Apex Court in Air India's case (1997 AIR SCW

430) has observed as under:

"In this behalf, it is necessary to recapitulate that on

abolition of the contract labour system, by necessary

implication, the principal employer is under statutory

obligation to absorb the contact labour. The linkage

between the contractor and the employee stood

snapped and direct relationship stood restored

between principal employer and the contract labour

as its employees. Considered from this perspective,

all the wormen in the respective services working on

contract labour are required to be absorbed in the

establishment of the appellant."

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1413

Therefore, in view of the facts and circumstances of

the case it is apparent that the workmen who are serving

the FCI, the principal employer, since long through

contracting agencies become emploees of the FCI, on

abolition of contract labour system in FCI vide notification

dated 23.04.2010. Accordingly, on becoming employees of

the FCI; and accordingly, the workmen become eligible for

payment of wages and other benefits at par with other

regular workmen of FCI w.e.f. 23.04.2010 so far as any order

is not passed by any Competent Court/forum over

notification dated 23.04.2010.

11. Thus, in view of the facts and circumstances of the

case and discussions made hereinabove, I am of considered

opinion that the workmen Shri Ved Ram and 261 others are

entitled for regularization of their services and other

consequential benefits at par with the other regular

employees of the Food Corporation of India at Rourserkothi

Depot and Rail Head, Shahjahanpur.

12. The reference under adjudication is answered

accordingly.

13. Awards above.

LUCKNOW.

19th January, 2015.

RAKESH KUMAR, Presiding Officer

ubZ fnYyh] 17 ekpZ] 2015

dk-vk- 588-—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947 dk

14½ dh èkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj bZñlhñ,yñ ds izcaè

ra= ds lac) fu;kstdksas vkSj muds deZdkjksa ds chp] vuqcaè esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèdj.k@Je

U;k;ky; vlulksy ds iapkV ¼lanHkZ la[;k 09@2004½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 17@03@2015 dks izkIr gqvk FkkA

[lañ ,y&22012@173@2003&vkbZvkj ¼lh,e&II½]

eksñ tkfgn 'kjhQ] vuqHkkx vfèdkjh

New Delhi, the 17th March, 2015

S.O. 588.— In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 09/2004) of the Cent.

Govt. Indus. Tribunal-cum-Labour Court, Asansol as shown

in the Annexure, in the industrial dispute between the

management of Chinakuri Mine No. II of M/s Eastern

Coalfield Ltd. and their workmen, received by the Central

Government on 17/03/2015.

[No. L-22012/173/2003-IR (CM-II)]

Md. ZAHID SHARIF, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, ASANSOL

PRESENT: Sri Pramod Kumar Mishra,

Presiding Officer

REFERENCE NO. 09 OF 2004

PARTIES: The management of Chinakuri Mine No. II,

ECL.

Vs.

Sri Chandrika Kaloya

REPRESENTATIVES:

For the management:

Shri P.K, Das, Ld. Advocate

For the union (Workman) Shri R.K. Tripathi, Org. Secy.,

KMC

INDUSTRY: COAL

STATE: WEST BENGAL

Dated: 03.03.2015

AWARD

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

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

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

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

173/2003-IR (CM-II) dated 06.02.2004 has been pleased to

refer the following dispute for adjudication by this Tribunal.

SCHEDULE

"Whether the action of the management of Chinakuri

Mine No. II of M/s. ECL is not correcting the date of

birth in respect of Sri Chandrika Kaloya as 1949

instead of 1943 mentioned in 'B' form is legal and

justified? If not, to what relief the workmen is

entitled?"

Having received the Order No. L-22012/173/2003-IR

(CM-II) dated 06.02.2004 of the above said reference from

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

adjudication of the dispute, a reference case No. 09 of 2004

was registered on 16.02.2004 and accordingly an order to

that effect was passed to issue notices through the

registered post to the parties concerned directing them to

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

statements along with the relevant documents and a list of

witnesses in support of their claims. In pursuance of the

said order notices by the registered post were sent to the

parties concerned.

Sri R.K. Tripathi Chief Organizing Secretary of the

Union (Koyla Mazdoor Congress) and Sri P.K. Das, Ld.

Adv., for the management (Chinakuri Mine No.-II, ECL) are

present.

Sri R.K. Tripathi submits that the case may be closed

as the workman is no more interested to proceed with the

1414

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

case further. Since the workman is now not interested to

proceed with the case further the case is closed and a 'No

Dispute Award' may be passed accordingly.

ORDER

Let an "Award" be and same is passed as no dispute

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

Ministry of Labour, New Delhi, for information and needful.

The reference is accordingly disposed of.

PRAMOD KUMAR MISHRA, Presiding Officer

ubZ fnYyh] 17 ekpZ] 2015

dk-vk- 589-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj bZñlhñ,yñ ds izca/k

ra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky;] vklulksy ds iapkV ¼lanHkZ la[;k 39@1998½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 17@03@2015 dks izkIr gqvk FkkA

[lañ ,y&22012@170@1997&vkbZvkj ¼lh,e&II½]

eksñ tkfgn 'kjhQ] vuqHkkx vf/kdkjh

New Delhi, the 17th March, 2015

S.O. 589.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award Ref. 39/1998 of the Central

Government Industrial Tribunal-cum-Labour Court,

Asansol as shown in the Annexure, in the industrial dispute

between the management of M/s. Eastern Coalfield Ltd.

and their workmen, received by the Central Government on

17/03/2015.

[No. L-22012/170/1997-IR(CM-II)]

Md. ZAHID SHARIF, Section Officer

ANNEXURE

Before the Central Government Industrial Tribunal-

cum-Labour Court, Asansol

Present : Sri Pramod Kumar Mishra,

Presiding Officer

Reference No. 39 of 1998

Parties : The management of Madhavpur Colliery, ECL

Vs.

Sri Kameshwar Tanti

Representatives:

For the Management

: Shri P.K. Das, Ld.

Advocate

For the Union (Workman)

: Shri Rakesh Kumar,

President, KMC

Industry

: Coal

State

: West Bengal

Dated

: 02.03.2015

AWARD

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

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

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

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

170/97-IR(C-II) dated 30.07.1998 has been pleased to refer

the following dispute for adjudication by this Tribunal.

SCHEDULE

"Whether the action of the management of

Madhavpur Colliery under Kajora Area,

P.O. Kajoragram, Dist. Burdwan in not granting pay

protection to Sh. Kemeshwar Tanti, Underground

Loader on his conversion from piece rated to time

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

workman is entitled?"

Having received the Order No. L-22012/170/97-IR

(C-II) dated 30.07.1998 of the above said reference from the

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

adjudication of the dispute, a reference case No. 39 of 1998

was registered on 10.08.1998 and accordingly an order to

that effect was passed to issue notices through the

registered post to the parties concerned directing them to

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

statements along with the relevant documents and a list of

witnesses in support of their claims. In pursuance of the

said order notices by the registered post were sent to the

parties concerned.

Sri Rakesh Kumar, President of the Union (Koyala

Mazdoor Congress) appears but none appears on behalf

of the management (Madhavpur Colliery, ECL).

Sri Rakesh Kumar has made an endoresement on the

order sheet to the effect that the workman has retired and

not interested to proceed with the case futher. This is a

very old reference of the year 1998. Since the workman has

already retired from service and does not want to proceed

with the case further, the case is closed and accordingly a

'No Dispute Award' may be passed.

ORDER

Let an "Award" be and same is passed as no dispute

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

Ministry of Labour, New Delhi, for information and needful.

The reference is accordingly disposed of.

PRAMOD KUMAR MISHRA, Presiding Officer

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1415

ubZ fnYyh] 17 ekpZ] 2015

dk-vk- 590-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

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

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky;] vklulksy ds iapkV ¼lanHkZ la[;k 48@2007½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 13@03@2015 dks izkIr gqvk FkkA

[lañ ,y&22012@47@2007&vkbZvkj ¼lh,e&II½]

eksñ tkfgn 'kjhQ] vuqHkkx vf/kdkjh

New Delhi, the 17th March, 2015

S.O. 590.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award Ref. 48/2007 of the Central

Government Industrial Tribunal-cum-Labour Court,

Asansol as shown in the Annexure, in the industrial dispute

between the management of M/s. Eastern Coalfields Ltd.

and their workmen received by the Central Government on

13/03/2015.

[No. L-22012/47/2007-IR(CM-II)]

Md. ZAHID SHARIF, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

ASANSOL

Present : Sri Pramod Kumar Mishra,

Presiding Officer

Reference No. 48 of 2007

Parties : The management of Jambad Colliery, ECL

Vs.

Sri Nirmal Bouri

Representatives:

For the Management : Shri P.K. Goswami, Ld. Advocate

For the Union (Workman) : Shri Rakesh Kumar,

President, KMC

Industry

: Coal

State

: West Bengal

Dated

: 11.02.2015

AWARD

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

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

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

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

47/2007-IR(CM-II) dated 05.07.2007 has been pleased to

refer the following dispute for adjudication by this Tribunal.

SCHEDULE

"Whether the action of the management of Jambad

Colliery in dismissing Shri Nirmal Bouri w.e.f.

03.03.2003 is legal and justified? If not, to what relief

is the workman entitled?"

Having received the Order No. L-22012/47/2007-IR

(CM-II) dated 05.07.2007 of the above said reference from

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

adjudication of the dispute, a reference case No. 48 of 2007

was registered on 18.07.2007 and accordingly an order to

that effect was passed to issue notices through the

registered post to the parties concerned directing them to

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

statements along with the relevant documents and a list of

witnesses in support of their claims. In pursuance of the

said order notices by the registered post were sent to the

parties concerned.

On perusal of the case record I find that the union/

workman has not filed written statement till date in-spite of

several opportunities. Registered notices were issued to

the union on 19.07.2007, 03.08.2009, 09.12.2011, 21.05.2012

and 08.08.2014 but to no effect. It seems that the union/

workman is not at all interested to proceed with the case

further. As such the case is closed and accordingly a "No

Dispute Award" may be passed.

ORDER

Let an "Award" be and same is passed as no dispute

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

Ministry of Labour, New Delhi, for information and needful.

The reference is accordingly disposed of.

PRAMOD KUMAR MISHRA, Presiding Officer

ubZ fnYyh] 17 ekpZ] 2015

dk-vk- 591-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

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

kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky;] vklulksy ds iapkV ¼lanHkZ la[;k 8@2007½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 13@03@2015 dks izkIr gqvk FkkA

[lañ ,y&22012@263@2006&vkbZvkj ¼lh,e&II½]

eksñ tkfgn 'kjhQ] vuqHkkx vf/kdkjh

New Delhi, the 17th March, 2015

S.O. 591.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award Ref. 08/2007 of the Central

1416

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

Government Industrial Tribunal-cum-Labour Court,

Asansol as shown in the Annexure, in the industrial dispute

between the management of Bankola Area of M/s. ECL and

their workmen, received by the Central Government on 13/

03/2015.

[No. L-22012/263/2006-IR(CM-II)]

Md. ZAHID SHARIF, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSRIAL

TRIBUNAL-CUM-LABOUR COURT, ASANSOL

PRESENT: Shri Pramod Kumar Mishra,

Presiding Officer

REFERENCE NO. 08 OF 2007

PARTIES: The management of Shyamsunderpur Colliery,

ECL.

Vs.

Shri Ram Pratap Harijan

REPRESENTATIVES:

For the management

: Shri P.K. Goswami, Ld.

Advocate

For the union (Workman)

: Shri Rakesh Kumar,

President (KMC)

INDUSTRY

:

COAL

STATE

:

WEST BENGAL

Dated: 10.02.2015

A W A R D

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

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

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

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

263/2006-IR (CM-II) dated 18.01.2007 has been pleased to

refer the following dispute for adjudication by this Tribunal.

SCHEDULE

''Whether the action of the management of

Shyamsunderpur Colliery under Bankola Area of

M/s. Eastern Coalfields Limited, in dismissing

Mr. Ram Pratap Harijan from service w.e.f. 06.1.2005

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

workman entitled?''

Having received the Order NO. L-22012/263/2006-IR

(CM-II) dated 18.1.2007 of the above said reference from

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

adjudication of the dispute, a reference case No. 08 of 2007

was registered on 19.02.2007 and accordingly an order to

that effect was passed to issue notices through the

registered post to the parties concerned directing them to

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

statements along with the relevant documents and a list of

witnesses in support of their claims. In pursuance of the

said order notices by the registered post were sent to the

parties concerned.

On perusal of the case record I find that a petition has

been filed by Sri Rakesh Kumar, President of the union on

01.09.2014 praying therein that the case may be closed as

the workman has died and his wife and son are not

interested to proceed with the case further, Since the

workman has died and his heirs are not interested to proceed

with the case further, the case is closed. As such the case

is closed a 'No Dispute Award' may be passed accordingly.

ORDER

Let an ''Award'' be and same is passed as no dispute

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

Ministry of Labour, New Delhi, for information and needful.

The reference is accordingly disposed of.

PRAMOD KUMAR MISHRA, Presiding Officer

ubZ fnYYkh] 17 ekpZ] 2015

dk-vk- 592-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj bZ-lh-,y- ds

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky;] vklulksy ds iapkV ¼lanHkZ la[;k 33@2002½ dks izdkf'kr

djrh gS] tks dsUnZh; ljdkj dks 13@03@2015 dks izkIr gqvk FkkA

[lañ ,y&22012@2@2002&vkbZvkj ¼lh,e&II½]

eks- tkfgn 'kjhQ] vuqHkkx vf/kdkjh

New Delhi, the 17th March, 2015

S.O. 592.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award Ref. 33/2002 of the Cent. Govt.

Indus. Tribunal-cum-Labour Court, Asansol as shown in

the Annexure, in the industrial dispute between the

management of Chora 7&9 Pit, Kenda Area of M/s E.C.Ltd.

and their workmen, received by the Central Government on

13/03/2015.

[No. L-22012/2/2002 - IR (CM-II)]

Md. ZAHID SHARIF, Section Officer

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1417

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, ASANSOL

PRESENT: Shri Pramod Kumar Mishra,

Presiding Officer

REFERENCE NO. 33 OF 2002

PARTIES: The management of 7 & 9 Pit of Chora

Colliery, ECL.

Vs.

Smt. Chand Muni Bhuia

REPRESENTATIVES:

For the management

:

Shri P.K. Goswami, Learned

Advocate

For the union (Workman) :

None

INDUSTRY

:

COAL

STATE

:

WEST BENGAL

Dated: 04.02.2015

A W A R D

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

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

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

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

2/2002-IR (CM-II) dated 14.08.2002 has been pleased to

refer the following dispute for adjudication by this Tribunal.

SCHEDULE

''Whether the action of the management of 7 & 9 Pit

of Chora Colliery, Kenda Area of M/s. Eastern

Coalfields Limited in not providing employment to

Smt. Chand Mun Bhuia, W/o Late Gopal Bhuia, U.G.

Loader is legaland justified, if not to what relief is the

workman entitled?"

Having received the Order NO. L-22012/2/2002-IR

(CM-II) dated 14.8.2002 of the above said reference from

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

adjudication of the dispute, a reference case No. 33 of 2002

was registered on 10.09.2002 and accordingly an order to

that effect was passed to issue notices through the

registered post to the parties concerned directing them to

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

statements along with the relevant documents and a list of

witnesses in support of their claims. In pursuance of the

said order notices by the registered post were sent to the

parties concerned.

Sri P.K. Goswami, Learned Advocate for the

management appears but none appears on behalf of the

union/workman.

On perusal of the case record I find that the case was

registered on 10.09.2002. First notice was issued on

31.02.2002. I also find from the record that the workman

last appeared before the Tribunal on 17.01.2008 through

his advocate Mr. M. Mukherjee. After 17.01.2008 the

workman neither appeared nor took any step. 34 dates after

17.01.2008 were granted to the union/workman but to no

effect. 3 notices were issued to the parties after 17.01.2008.

Last notice was issued on 30.09.2014. Four months have

already passed after last notice. It seems that the workman

is now not at all interested to proceed with the case further.

As such the case is closed a 'No Dispute Award' may be

passed accordingly.

ORDER

Let an ''Award'' be and same is passed as no dispute

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

Ministry of Labour, New Delhi, for information and needful.

The reference is accordingly disposed of.

PRAMOD KUMAR MISHRA, Presiding Officer

ubZ fnYYkh] 17 ekpZ] 2015

dk-vk- 593-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

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

kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky; vklulksy ds iapkV ¼lanHkZ la[;k 12@2010½ dks izdkf'kr

djrh gS] tks dsUnzZh; ljdkj dks 13@03@2015 dks izkIr gqvk FkkA

[lañ ,y&22012@67@2009&vkbZvkj ¼lh,e&II½]

eks- tkfgn 'kjhQ] vuqHkkx vf/kdkjh

New Delhi, the 17th March, 2015

S.O. 593.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award Ref. 12/2010 of the Cent. Govt.

Indus. Tribunal-cum-Labour Court, ASANSOL as shown

in the Annexure, in the industrial dispute between the

management of M/s Eastern Coal- fields Limited, and their

workmen, received by the Central Government on 13/03/

2015.

[No. L-22012/67/2009 - IR (CM-II)]

Md. ZAHID SHARIF, Section Officer

ANNEXURE

BEFORE CENTRAL GOVT. INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, ASANSOL

PRESENT : Shri Pramod Kumar Mishra,

Presiding Officer

REFERENCE NO. 12 OF 2010

1418

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

PARTIES : The management of Khas Kajora Colliery,

ECL.

Vs.

Sri Ram Niwas Rajbhar

REPRESENTATIVES:

For the managment

: None

For the union (Workman)

: None

INDUSTRY

: COAL

STATE

: WEST BENGAL

Dated: 02.02.2015

AWARD

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

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

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

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

67/2009-IR (CM-II) dated 26.02.2010 has been pleased to

refer the following dispute for adjudication by this Tribunal.

SCHEDULE

''Whether the action of the management of M/s. ECL

in dismissing Shri Ram Niwas Rajbhar w.e.f.

01.12.2007 is legal and justified? To what relief is the

claimant entitled for?

Having received the Order NO. L-22012/67/2009-IR

(CM-II) dated 26.02.2010 of the above said reference from

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

adjudication of the dispute, a reference case No. 12 of 2010

was registered on 18.03.2010 and accordingly an order to

that effect was passed to issue notices through the

registered post to the parties concerned directing them to

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

statements along with the relevant documents and a list of

witnesses in support of their claims. In pursuance of the

said order notices by the registered post were sent to the

parties concerned.

On perusal of the case record I find that neither the

workman/union nor the management appeared before the

court even for a single day. Registered notices were sent to

the parties on 19.03.2010, 11.01.2012, 14.06.2012 and

18.09.2014. But all are in vain. Even more than two months

have already elapsed from the issue of last notice. Neither

party turned up. It seems that the parties are not interested

to proceed with the case further. Since the workman is not

interested to proceed with the case further I think it

reasonable to close this case. As such the case is closed

and accordingly a 'No Dispute Award' may be passed.

ORDER

Let an ''Award'' be and same is passed as no dispute

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

Ministry of Labour, New Delhi, for information and needful.

The reference is accordingly disposed of.

PRAMOD KUMAR MISHRA, Presiding Officer

ubZ fnYyh] 17 ekpZ] 2015

dk-vk- 594-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

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

kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky; vklulksy ds iapkV ¼lanHkZ la[;k 49@1997½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 13@03@2015 dks izkIr gqvk FkkA

[lañ ,y&22012@140@1996&vkbZvkj ¼lh,e&II½]

eksñ tkfgn 'kjhQ] vuqHkkx vf/kdkjh

New Delhi, the 17th March, 2015

S.O. 594.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award Ref. 49/1997 of the Cent. Govt.

Indus. Tribunal-cum-Labour Court, Asansol as shown in

the Annexure, in the industrial dispute between the

management of M/s. Eastern Coalfields Limited, and their

workmen, received by the Central Government on

13/03/2015.

[No. L-22012/140/1996-IR(CM-II)]

Md. ZAHID SHARIF, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, ASANSOL

PRESENT: Sri Pramod Kumar Mishra,

Presiding Officer

REFERENCE NO. 49 OF 1997

PARTIES: The management of Kottadih Colliery, ECL.

Vs.

Sri Dinabandhu Kanjia

REPRESENTATIVES

For the management

:

None

For the union (Workman)

:

None

INDUSTRY

:

COAL

STATE

:

WEST BENGAL

Dated: 27.01.2015

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1419

AWARD

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

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

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

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

140/1996-IR(C-II) dated 11.07.1997/15.07.1997 has been

pleased to refer the following dispute for adjudication by

this Tribunal.

SCHEDULE

"Whether the action of the management of

Shyamsunderpur Colliery under Bankola Area of

M/s. Eastern Coalfields Limited, in dismissing Mr.

Ram Pratap Harijan from service w.e.f. 06.01.2005 is

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

workman entitled?"

Having received the Order No. L-22012/140/1996-IR

(C-II) dated 11.07.1997/15.07.1997 of the above said

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

Delhi for adjudication of the dispute, a reference case No.

47 of 1997 was registered on 28.07.1997 and accordingly

an order to that effect was passed to issue notices through

the registered post to the parties concerned directing them

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

written statements along with the relevant documents and

a list of witnesses in support of their claims. In pursuance

of the said order notices by the registered post were sent

to the parties concerned.

On perusal of the case record I find that my predecessor

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

award in this case because the workman is neither appearing

nor taking any step since long. It seems that the workman

is now no more interested to proceed with the case further.

The case is also too old-1997. Under such circumstance I

think it reasonable to pass a No Dispute Award in this

case. As such the case is closed and a 'No Dispute Award'

may be passed accordingly.

ORDER

Let an "Award" be and same is passed as no dispute

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

Ministry of Labour, New Delhi, for information and needful.

The reference is accordingly disposed of.

PRAMOD KUMAR MISHRA, Presiding Officer

ubZ fnYyh] 17 ekpZ] 2015

dk-vk- 595-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

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

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky; vklulksy ds iapkV ¼lanHkZ la[;k 17@2010½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 13@03@2015 dks izkIr gqvk FkkA

[lañ ,y&22012@65@2009&vkbZvkj ¼lh,e&II½]

eksñ tkfgn 'kjhQ] vuqHkkx vf/kdkjh

New Delhi, the 17th March, 2015

S.O. 595.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award Ref. 17/2010 of the Cent. Govt.

Indus. Tribunal-cum-Labour Court, Asansol as shown in

the Annexure, in the industrial dispute between the

management of Kenda Area of M/s. ECL, and their workmen,

received by the Central Government on 13/03/2015.

[No. L-22012/65/2009-IR(CM-II)]

Md. ZAHID SHARIF, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, ASANSOL

PRESENT : Sri Pramod Kumar Mishra.

Presiding Officer

REFERENCE NO. 17 OF 2010

PARTIES : The management of Shankarpur O.C.P.,

Kenda Area, ECL.

Vs.

Sri R.S. Ghosh and 29 others

REPRESENTATIVES:

For the management

:

None

For the union (Work-woman) :

None

INDUSTRY

:

COAL

STATE

:

WEST BENGAL

Dated: 27.01.2015.

AWARD

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

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

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

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

65/2009-IR(CM-II) dated 07.06.2010 has been pleased to

refer the following dispute for adjudication by this Tribunal.

SCHEDULE

“Whether the action of the management of

Shankarpur O.C.P. Kenda Area M/s. ECL in denying

payment of LTC/LLTC to Sri R.S. Ghosh and 29 others

(as per annexure) is legal and justified? To what relief

are their workmen concerned entitled for?”

1420

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

Having received the Order No. L-22012/65/2009-

IR(CM-II) dated 07.06.2010 of the above said reference from

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

adjudication of the dispute, a reference case No. 17 of 2010

was registered on 21.06.2010 and accordingly an order to

that effect was passed to issue notices through the

registered post to the parties concerned directing them to

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

statements along with the relevant documents and a list of

witnesses in support of their claims. In pursuance of the

said order notices by the registered post were sent to the

parties concerned.

On perusal of the case record I find that none of the

parties appeared before the court for a single day. Registered

notices were issued to both of the parties on 13.12.2011,

18.05.2012 and 08.10.2014 but nobody turned up. A/D card

shows that registered notice was duly received by the

General Secretary of the union on 18.10.2014 but to no

effect. It seems that none of the parties are interested to

proceed with the case further. As such the case is closed

and accordingly a 'No Dispute Award' may be passed.

ORDER

Let an "Award" be and same is passed as no dispute

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

Ministry of Labour, New Delhi, for information and needful.

The reference is accordingly disposed of.

PROMOD KUMAR MISHRA, Presiding Officer

ubZ fnYyh] 17 ekpZ] 2015

dk-vk- 596-—vkS|ksfxd fookn vf/kfu;e] 1947

¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj bZñlhñ,yñ

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

esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky; vklulksy ds iapkV ¼lanHkZ la[;k 48@2002½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 13@03@2015 dks izkIr gqvk FkkA

[lañ ,y&22012@120@2002&vkbZvkj ¼lh,e&II½]

eksñ tkfgn 'kjhQ] vuqHkkx vf/kdkjh

New Delhi, the 17th March, 2015

S.O. 596.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award Ref. 48/2002 of the Cent. Govt.

Indus. Tribunal-cum-Labour Court, Asansol as shown in

the Annexure, in the industrial dispute between the

management of and their workmen, received by the Central

Government on 13/03/2015.

[No. L-22012/120/2002-IR(CM-II)]

Md. ZAHID SHARIF, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, ASANSOL

Present

:

Shri Pramod Kumar Mishra,

Presiding Officer

REFERENCE NO. 48 OF 2002

Parties

:

The management of Madhujore Colliery, ECL

Vs.

Shri Jagdish Haldar

REPRESENTATIVES:

For the management

:

Shri P.K. Das, Ld.

Advocate

For the union (Workman)

:

Shri Rakesh Kumar,

President, KMC

INDUSTRY

:

COAL

STATE

:

WEST BENGAL

Dated: 22.01.2015

AWARD

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

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

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

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

120/2002-IR(CM-II) dated 28.11.2002 has been pleased to

refer the following dispute for adjudication by this Tribunal.

SCHEDULE

"Whether the action of the management of

Madhujore Colliery of M/s. ECL in not considering

the date of birth of Shri Jagdish Haldar i.e. 19.11.1954

as recorded in his Matriculation Certificate. Identity

Card etc. and sending him before the Age

Assessment Committee is legal and justified? If not,

to what relief is the workman entitled?"

Having received the Order No. L-22012/120/2002-

IR(CM-II) dated 28.11.2002 of the above said reference from

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

adjudication of the dispute, a reference case No. 48 of 2002

was registered on 30.12.2002. Accordingly an order to that

effect was passed to issue notices through the registered

post to the parties concerned, directing them to appear in

the court, on the date fixed and to file their written statements

along with ther elevant documents and a list of witnesses

in support of their claims. In pursuance of the said order

notices by the registered post were sent to the parties

concerned. Both the parties appeared in the Tribunal,

through their representative.

The workman has pleaded in his written statement

that Sri Jagdish Haldar, Electrician of J.K. Unit of Madhujore

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1421

Colliery of M/s. ECL was appointed on 16.08.1974 as

permanent worker of the company. At the time of

appointment workman, Sri Jagdish Haldar submitted

Matriculation Certificate. In Matriculation certificate the

age of Sri Jagdish Haldar was recorded as 19.11.1954. This

date of birth 19.11.1954 was recorded in colliery register. In

his identity card also the date of birth was recorded as

19.11.1954. Service except was served to him in which the

date of birth of the workman was recorded as 19.11.1954.

Management instructed the workman to appear before the

Age Assessment Committee with Matriculation Certificate.

But Age Assessment Committee without considering the

Matriculation Certificate of the workman and I. I. No. 76

issued by JBCCI assessed the age of the workman, Sri

Jagdish Haldar as 07.04.1941 on 07.10.1993. Workman

represented before authorities concerned at headquarter

level but management paid no heed. Management did not

follow the guidelines of JBCCI. Workman has prayed that

his date of birth should be accepted by the management as

19.11.1954 which is recorded in his Matriculation certificate

and he should be allowed to resume his duties with full

back wages and all consequential benefits.

Management on other hand has pleaded in their written

statement that Sri Jagdish Haldar never disclosed his date

of birth as 19.11.1954 at the time of his appointment at the

colliery i.e. 01.10.1974. Therefore no date of birth was

recorded in the Service Record of the workman. Workman

was directed to appear before the Age Assessment

Committee on 07.10.1993 vide Office Order No. MJ/SRPO/

93/1274 dated 29.09.1993/01.10.1993. The Age Assessment

Committee assessed the age of the workman as 50/55 years

as on 17.10.1993. Workman filed suite No. 14 of 1999 in civil

court and writ petition in hon'ble Kolkata high court. But

both civil suite and writ petition was dismissed.

Management has denied that the age of the workman as

19.11.1954 was recorded in any record or register of the

company. Industrial dispute is not maintainable workman

is not entitled to any relief.

Workman has filed the following documents:—

(1) Xerox copy of Identity Card, age recorded

19.11.1954.

(2) Xerox copy of the Service excerpts in which age

recorded as 19.11.1954.

(3) Xerox copy of the Admit Card and Matriculation

certificate in which the date of birth recorded as

19.11.1954.

(4) Xerox copy of the letter of agent of Madhujore

Colliery direction the workman to appear before

the area Dy. CPM, Kajora Area along with original

documents.

(5) Xerox copy of employment exchange card of

Sri Jagdish Haldar.

(6) Xerox copy of national Apprenticeship certificate

of Sri Jagdish Haldar.

(7) Xerox copy of the letter of PM (Estd.) ECL H.Q.

addressed to PM, Kajora Area dated 05.03.1996

to confirm the fact that during assessment of Age

of Sri Jagdish Haldar produced the Matriculation

certificate or not?

(8) Xerox copy of the reply of the letter of H.Q. dated

05.03.1996 by PM (IC), Kajora Area dated

18.03.1996 confirming the fact that Sri Jagdish

Haldar produced the Matriculation Certificate

before Age Determination Committee but

committee (ADC) not accepted the same.

(9) Xerox copy of the letter of PM (IC), Kajora Area

dated 18.01.1995 in which similar case of date of

birth dispute of Sri Pareshnath Sikdar was

accepted on the basis of Matriculation and Mining

Sirdarship certificate the basis of I.I. No. 76 point

B1(b).

(10) Xerox copy of the I.I. No. 76 issued by JBCCI.

(11) Xerox copy of the Affidavit and certificate issued

by Pradhan that Jagadish Ch. Haldar and Jagdish

Haldar is the same and identical person.

The workman, Sri Jagdish Haldar examined himself as

witness.

Management has not filed any oral or documentary

evidence in their support.

I have heard the argument of Sri Rakesh Kumar on

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

Advocate on behalf of the management.

Sri P.K. Das Ld. Advocate of the management has

argued that at the time of appointment the date of birth is

recorded as disclosed by the workman. At the fag end of

career if any worker disputes his date of birth that cannot

be accepted. Management has relied on FLR 393 2012 (135).

C.W.J.O.S.W.P. No. 1089 of 2010. Jamadar Ahmed Vs. State

of West Bengal and others. Sri Rakesh Kumar, union

representative have argued that the fact of this reference is

different from the case law cited by the management. The

workman Sri Jagdish Haldar has disclosed his date of birth

as 19.11.1954 as recorded in the Matriculation certificate.

The date of birth was recorded in his service record by the

management at the time of appointment. He was served

with copies of service excerpts which confirm his date of

birth as 19.11.1954. Later on he was forced by the

management to appear before Age Assessment Committee.

He submitted his Matriculation certificate before Age

Assessment Committee. But Age Assessment Committee

neither considered his Matriculation certificate nor followed

the guidelines issued by JBCCI. Age Assessment

Committee whimsically recommended his date of birth as

07.04.1941 which should not have been accepted.

1422

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

It is admitted fact that Sri Jagdish Haldar is permanent

employee of Madhujore Colliery of M/s. ECL. He has filed

his Appointment Letter dated 16.08.1974. He was appointed

as Mechanical/Electrical Trainee. Workman, Sri Jagdish

Haldar has submitted copy of Implementation Instruction

No. 76 issued by JBCCI, prescribed as follows:—

(A) Determination of the age at the time of

appointment:—

(i) Matriculates:

In the case of appointees who have passed

Matriculation or equivalent examination, the date

of birth recorded in the said certificate shall be

treated as correct date of birth and the same will

not be altered under any circumstances.

(B) Review/determination of date of birth in respect

of existing employees:—

1. (i) In case of the existing employees

Matriculation certificate or Higher

Secondary Certificate issued by the

recognized Universities or Board of

Middle Pass Certificate issued by the

Board of Education and/or Department

of Public instruction and admit cards

issued by the aforesaid Bodies should

be treated as correct provided they were

issued by the said Universities/Boards/

Institutions prior to the date of

employment.

(ii) Similarly, Mining Sirdarship, Winding

Engine or similar other statutory

certificates where the Manager had to

certify the date of birth will be treated as

authentic. Provided that where both

documents mentioned in 1(i) and l(ii)

above are available, the date of birth

recorded in 1(i) will be treated as

authentic.

2.

Wherever there is no variation in records,

such cases will not be reopened unless

there is a very glaring and apparent wrong

entry brought to the notice of the

Management. The Management after being

satisfied on the merits of the case will take

appropriate action for correction through

Age Determination Committee/Medical

Board.

(C) Age determination Committee/Medical Board for

the above will be constituted by the Management.

In the case of employees whose date of birth can

not be determined in accordance with the

procedure mentioned in (B) 1 (i) or (B) 1 (ii) above,

the date of birth recorded in the records of the

company, namely, Form B Register, CMPF

Records and Identity Cards (un-tampered) will be

treated as final. Provided that where there is a

variation in the age recorded in the records

mentioned above, the matter will be referred to

the Age Determination Committee/Medical Board

constituted by the Management for determination

of age.

The workman has filed the copy of excerpts issued to

him by the management as WE-2. In his service record his

date of birth was recorded as 19.11.1954 (Nineteenth

November Nineteen Hundred Fifty Four), his date of

appointment is 01.10.1974 and his educational qualification

is B.Sc. Workman has filed a copy of I.D. card. In I.D. card

his date of birth is recorded as 19.11.1954. Workman filed a

copy of admit card of West Bengal Board of Secondary

Education and copy of Matriculation certificate as WE-XIV.

WE-XIII. In both of these documents his date of birth was

recorded as 19.11.1954. It is worth to mention that the

management has not denied his educational qualification as

per Service Record of Sir Jagdish Haldar maintained by the

colliery. His educational qualification is B.Sc. and his date of

birth is 19.11.1954. As per guidelines of BCCI at the time of

appointment the age record in Matriculation certificate shall

be recorded in the Service Record and that will be the final.

The allegation of management in Para 3 of their written

statement is absolutely wrong. That at the time of

appointment of Sri Jagdish Haldar no date of birth was

recorded in the Service Record. The copy of Service Record

has been issued by the management himself to the workman

concerned. I am unable to understand when there is no

variation regarding his date of birth in Service Record of

concerned workman then why the management instructed

Sri Jagdish Haldar to appear before the Age Assessment

Committee. The copy of letter of agent and manager of

Madhujore Colliery of M/s. ECL has been filed by

Sri Jagdish Haldar. Sri Jagdish Haldar was instructed by

the agent of Madhujore Colliery to appear before Dy. C.M.

along with his School Leaving Certificate for his age

dispute. He was directed to appear before Age Assessment

Committee. It is surprising that Age Assessment Committee

did not consider the date of birth recorded in Matriculation

certificate rather assessed his date of birth as 07.04.1941.

Workman Sri Jagdish Haldar filed affidavit. He has

supported his version of written statement in his affidavit.

He has stated in his cross-examination that at the time of

appointment he had filed the Higher Secondary Certificate

and Admit Card. In his Service Record his date of birth was

recorded as 19.11.1954. He was forced to appear before the

Age Assessment Committee who wrongfully assessed his

date of birth as 07.04.1941.

The management has placed reliance on FLR 393 2012

(135), C.W.J.O.S.W.P. No. 1089 of 2010, Jamadar Ahmed vs.

State of West Bengal and others, in this case petitioner

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1423

joined service in 1975. At the time of appointment he signed

Declaration and Nomination Form and mentioned his year

of birth as 1941. During 30 years of service he never applied

for correction of date of birth in his Service Record. At the

time of retirement he disputed his date of birth. Hon'ble

Kolkata High Court held that at the fag end of career a

party can not be allowed to raise a dispute regarding his

date of birth. I am in respectful agreement with the view

propounded by Hon'ble Kolkata High Court. But the fact

of this reference is different. In this reference date of birth

of concerned workman was correctly recorded in Service

Record as per Matriculation Certificate. But management

without any reason instructed the workman to appear before

the Age Assessment Committee. Even the Age Assessment

Committee did not consider the date of birth recorded in

the Medical Certificate of the workman concerned.

In view of the discussion above the action of the

management of Madhujore Colliery of M/s. ECL in not

taking into consideration the date of birth of Sri Jagdish

Haldar in Matriculation Certificate as 19.11.1954 and

sending him before the Age Assessment Committee is totally

unjustified. The workman is entitled that this age should

be recorded in his service record as per Matriculation

Certificate as 19.11.1954. He is also entitled to get 50%

back wages and all consequential benefits.

ORDER

Let an "Award" be and the same is passed as per

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

of India, Ministry of Labour, New Delhi for information and

needful. The reference is accordingly disposed of.

PRAMOD KUMAR MISHRA Presiding Officer

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New Delhi, the 17th March, 2015

S.O. 597.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award of the Indus. Tribunal-cum-

Labour Court, Godavarikhani (IT/ID/52/2000) as shown in

the Annexure in the Industrial Dispute between the

employers in relation to the management of SCCL and their

workmen, which was received by the Central Government

on 17.03.2015.

[No. L-22013/1/2015-IR (C-II)]

Md. ZAHID SHARIF, Section Officer

ANNEXURE

BEFORE THE CHAIRMAN, INDUSTRIAL TRIBUNAL-

CUM-LABOUR COURT, GODAVARIKHANI

PRESENT

:

Sri G.V. Krishnaiah

Chairman-cum-Presiding Officer

INDUSTRIAL DISPUTE NO. 52 OF 2000

Thursday, the 31st day of July, 2014

BETWEEN:

R. Syam Sundar, S/o. Rajanna, Age 47 years,

R/o 16-9-749/41/1, Race Course Road,

Malakpet, Hyderabad.

.... Petitioner.

AND

The General Manager,

Singareni Collieries Co. Ltd., Ramagundam-I,

Ramagundam, Dist. Karimnagar.

.... Respondent.

This case coming before me for final hearing in the

presence of Sri P. Vishweswar Rao and Sri R. Damodar,

Advocates for the petitioner and of Sri D. Krishna Murthy,

Advocate for the Respondent; and having been heard and

having stood over for consideration till this day, the Court

delivered the following:—

AWARD

This petition is filed U/Sec. 2-A(2) of the Industrial

Disputes Act, 1947 praying this court to set aside the

termination order dt. 6-1-1999 passed by the respondent

and direct the respondent to reinstate the petitioner into

service with continuity of service, back wages and other

attendant benefits.

2. The averments of the petition are that the petitioner

joined as Badli Filler on 13-09-1947 at 7/7A Incline.

Subsequently petitioner was transferred to the medical

department, area hospital Godavarikhani in the year 1977.

Since 1988 the petitioner has been entrusted with the duties

of clerical grade-III. The petitioner's duties were to issue

on patient slips and to make entry in the registers. The

petitioner was working at Kakatiya Dispensary and certain

irregularities were found in the performance of his duties.

3. The petitioner was issued with charge sheet dt.

27-7-1998 with the following charges:—

i. "Not sending the unfits to concerned mines

knowingly.

ii. Keeping the hospital records at residence without

permission from superiors.

iii Not maintaining the triplicate copy in the unfit

book and fit books.

1424

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

iv. Serveral workers declared unfit at Kakatiyanagar

Dispensary without advise of the concerned

Doctor. The above said acts of your, amounts to

misconduct under company standing orders No.

25.1, 25.3 & 25.5".

Petitioner submitted his detailed explanation to the

said charges on 2-8-1998 denying the charges levelled

against him. However, the respondent without considering

the facts and circumstances, appointed an enquiry officer

to conduct enquiry into the charges. The enquiry officer

conducted the enquiry in gross violation of principles of

natural justice. The enquiry officer did not give any

opportunity to the Petitioner to cross examine the

management witnesses during the course of enquiry. The

enquiry officer did not consider any of the evidence put

forth by the Petitioner and he acted in a biased manner and

made the Petitioner guilty of the charges in his enquiry

report dt. 9-9-1998. Basing on the said enquiry report, the

respondent dismissed the Petitioner from service. The said

dismissal order was completely illegal and based on no

merits. Therefore the Petitioner prays to set aside the

termination order dt. 6-1-1999 passed by the respondent

and direct the respondent to reinstate the Petitioner into

service with continuity of service, back wages and other

attendant benefits.

4. The respondent filed his counter denying all the

allegations in the petition putting the Petitioner to strict

proof of all those allegations. The Petitioner was appointed

as General Mazdoor w.e.f., 13-9-1974 at GDK. No. 7A Incline.

Later the Petitioner was transferred to area hospital w.e.f.,

27-7-1977. The Petitioner was promoted as Ward Boy w.e.f.,

1-1-1978. The Petitioner was suspended for 10 days from

20-5-1980 to 29-5-1980 as per the standing orders for the

misconduct of demanding illegal gratification from the newly

appointed persons.

5. On behalf of the respondent, it is contended that

the charges levelled against the Petitioner stand proved

on account of the abundance of the evidence available on

record and the same have been proved by giving full and

fair opportunity to the Petitioner at each and every stage

of the case. Therefor, the respondent prays to dismiss the

petition.

6. On behalf of the respondent, Ex. M-1 to Ex. M-11

were already marked. No documents are marked on behalf

of the Petitioner.

7. Heard both sides. Perused the material papers on

record.

8. Now the point for consideration is:—

"Whether the findings in the domestic enquiry are

bassless and if the enquiry findings are supported

by evidence, whether the punishment is justified"?

9. After this I.D., was remanded by the Hon'ble High

Court, order was passed on 11-10-2013 upholding the

procedure in the enquiry. In order to interfere with the

enquiry report, there must be material to show that the

findings are perverse and baseless. At the outset I may

state that the explanation of the Petitioner to the charge

sheet is silent regarding the 4th charge. During the enquiry,

Petitioner asserted that he can defend himself and stated

that he has no evidence to adduce. He admitted the charges

against him. There is nothing on record now to show that

Petitioner admitted the charges out of coercoin or mistake.

Records which should have been kept in the office were

found in the possession of the Petitioner in his residence

and he kept them for four days. Those records were

collected by another clerk by name Gangadhar Rao. Under

these circumstances, I do not find any reason to disagree

with the findings of the enquiry officer.

10. Regarding the punishment of dismissal, the acts of

misconduct committed by the Petitioner make out that he

did not act in good faith and he forfeited the confidence of

his employer. Therefore, I hod that the punishment is

justified.

11. In the result, the petition is dismissed.

Typed to my dictation, corrected and pronounced by

me in open Court, on this the 31st day of July, 2014.

SHRI G. V. KRISHNAIAH, Chairman-

cum-Presiding Officer

Appendix of Evidence

Witnesses Examined

For workman:—

For Management:—

-Nil-

-Nil-

EXHIBITS

For workman:—

-Nil-

For Management:—

Ex. M-1

Dt.

15.05.1980

Warning letter issued to

petitioner by respondent,

x. copy

Ex. M-2

Dt.

30.04.1980

Charge sheet issued to

petitioner reg. bribery, x.

copy

Ex. M-3

Dt.

27.07.1998

Charge sheet

Ex. M-4

Dt.

02.08.1998

Reply to the charge sheet

dt. 27-7-1998

Ex. M-5

Dt.

02.08.1998

Enquiry notice

Ex. M-6

Dt.

07.08.1998

Enquiry proceedings along

with enquriy material

record

/

documents

(hospital

medical

prescriptions)

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1425

Ex. M-7

Dt.

07.08.1998

Enquiry report

Ex. M-8

Dt.

20.10.1998

Show-cause notice

Ex. M-9

Dt.

23.10.1998

Ack, to show-cause notice

Ex. M-10

Dt.

06.01.1999

Dismissal order

Ex. M-11

Dt.

29.03.1999

Letter issued to the

petitoner by the Director

(CP&P) for dismissal order

of petitioner is confirmed.

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New Delhi, the 17th March, 2015

S.O. 598.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award of the Indus. Tribunal-cum-

Labour Cout, Godavarikhani (IT/ID/06/2010) as shown in

the Annexure in the Industrial Dispute between the

employers in relation to the management of SCCL and their

workmen, which was received by the Central Government

on 17.03.2015.

[No. L-22013/1/2015-IR(C-II)]

Md. ZAHID SHARIF, Section Officer

ANNEXURE

BEFORE THE CHAIRMAN, INDUSTRIAL TRIBUNAL-

CUM-LABOUR COURT-CUM-VI ADD. DISTRICT &

SESSION COURT, GODAVARIKHANI

Present : Sri G.V. Krishnaiah,

Chairman-cum-Presiding Officer

Tuesday, the 5th Day of August, 2014

INDUSTRIAL DISPUTE NO. 06 OF 2010

Between:

Sk. Raj Mohammad, S/o Ramzan, 39 Yrs,

Occ: Ex. Badli Filler,

EC. No. 2364191, KK, 5 Incline, House No. 4-2-96, Tekula

Basti, PO: Bellampalli, Dist. Adilabad. (A.P.)

..... Petitioner/Workman

AND

1. The Dy. General Manager, SCCo. Ltd., KK-5 Incline,

PO: Mandamarri, Dist. Adilabad (A.P).

2. The General Manager, SCCo. Ltd., Mandamarri

Area-1, PO: Mandamarri, Dist. Adilabad (A.P).

3. The Chairman & Managing Director, SCCo. Ltd.,

PO: Kothagudem, Dist., Khammam (A.P).

.... Respondents/Management

This Industrial Dispute petition coming on before me

for final hearing in the presence of Sri N. Kishan Rao,

Advocate, for the petitioner and Sri D. Krishna Murthy,

Advocate, for the respondents, and the matter having stood

over before me for consideration till this date, the Court

passed the following:—

AWARD

1. This Industrial Tribunal Case was filed on 08.01.2010

to set aside the dismissal order dt. 14.09.2007 issued by

second respondent.

2. The case of the petitioner is that he worked as Badli

Filler in the Respondent's company and without proper

enquiry he was dismissed from service. It is alleged in the

petition that petitioner met with road accident in the year

2004 and due to that he could not attend his duties regularly

and therefore following charge was framed against him

under Company's Standing Order No. 25.25 alleging that

"For your habitual absence from duty without

sufficient cause during January to December, 2004

and worked for (11) musters."

Petitioner submitted his explanation dt. 22.07.2005

explaining his ill-health and inability to attend coal filling

undergound duty but without conducted proper enquiry

and without considering his explanation Enquiry Officer

gave biased finding and as a consequence petitioner was

dismissed from service. It is alleged that the harsh

punishment of dismissal is contrary to principals of natural

justice and amounts to unfair labour practice and

victimization. Petitioner was not given any Show-Cause

Notice before his dismissal.

3. Respondent No. 1 filed counter with the following

objections. This tribunal has no jurisdiction and it is

Industrial Tribunal-cum-Labour Court at Hyderabad

established for adjudication of industrial disputes, which

has got jurisdiction. The petitioner was appointed as Badli

Filler on 12.04. 1999 and has undergone Mines Vocational

Training as per the Mines Act. The attendance of the

petitioner from the year 2000 to 2007 is as follows:

Sl.

Year

No. of musters

No.

1.

2000

107

2.

2001

71

1426

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

Sl.

Year

No. of musters

No.

3.

2002

60

4.

2003

101

5.

2004

11

6.

2005

95

7.

2006

53

8.

2007

42 (01.01.2007-

19.09.2007)

and the petitioners' attendance was very poor from January,

2004 to December, 2004 i.e. (11) days of duty performed by

the petitioner, charge sheet was issued to him on 11.07.2005.

Petitioner received charge sheet and submitted his

explanation, attended enquiry on 24.08.2005 and admitted

his guilt. Petitoner was given ample opportunity in the

enquiry proceedings. Enquiry Officer gave report dt.

02.09.2005 holding that the petitioner is guilty of misconduct

of Company's standing order. After completion of enquiry

petitioner was issued Show Cause Notice dt. 25.03.2006

along with copies of enquiry proceedings giving him an

oportunity to make his representation if any. The petitioner

received notice on 11.11.2006 but failed to submit any

explanation. Petitioner was counseled for improving his

attendance and was put on observation on two occasions.

For the first time on 25.08.2005 the petitioner was counseled

soon after issuance of charge sheet. The petitioner assured

to improve his attendance. Petitioner was put on

observation from 1.09.2005 to 30.11.2005 with a condition

to put in atleast 18 filling musters per month and to fill two

tubs per muster. But the petitioner failed to do so. Later on

petitioner was counseled on 11.11.2006 for the second time

after issuing show-cause notice dt. 25.03.2006. The

petitioner attended counseling on 11.11.2006 and assured

to improve his attendance and accordingly he was put on

observation from 1.11.2006 to 31.01.2007. The petitioner

was asked to put in atleast 16 musters per month and to fill

two tubs per muster. The attendance of the petitioner during

the observation period is as follow:

Sl.No. Observation

No. of actual

No. of tubs

period

muster put in

filled

Filling

Acting

1.

01.09.2005

25

6

35

to

30.11.2005

2.

01.11.2006

Nil

13

Nil

to

31.01.2007

The petitioner failed to improve his performance, he

was dismissed from service vide proceedings dt. 14.09.2007

with effect from 19.09.2007. Therefore the imposition of

punishment against the petitioner is justified. According

to Sec. 52(2) of Mines act, the underground employee must

put in minimum musters of (190) days in a Calender year.

But petitioner's performance shows that he is a chronic

and habitual absentee. Therefore the petition may be

dismissed.

4. This Counter filed by Respondent No. 1 was adopted

by respondents 2 & 3.

5. When the matter came up for hearing Advocate for

petitioner filed a memo u/s. 11(A) of I.D. Act., stating that

petitioner is not disputing validity of enquiry. Subsequently

the matter is heard and Exs. M-1 to M-10 are marked on

behalf of the Management and Ex. W-1 to W-4 are marked

on behalf of the petitioner.

6. Now the point for consideration is whether the

dismissal of the petitioner from service is justified?

7. Point:—Most of the facts are admitted in this case.

That the petitioner worked only for (11) days during the

year 2004 and subsequently during the two periods of

observation also he did not put in necessary musters are

admitted fact. In this particular case, the petitioner was not

dismissed from service soon after the enquiry Officer gave

his report. Subsequently also he was given a change to

improve his performance. He failed in both the period of

counseling. In the second period of counseling from

1.11.2006 to 31.7.2007 petitioner did not work as filler. In the

first period of observation he worked as filler for (25) days

but the number of tubs filed is only 35 and the required

number of tubs to be filled was (50) for (25) days. Even if

we look at the performance of petitioner prior to 2004 he

had never worked for more than 200 days in the year 2000

and 2003 and for all the years his attendance was averaging

60 to 70 days. Even after he was issued charge sheet he

worked only for (53) days in the year 2006.

8. Coming to the inclination on the part of the petitioner

to get reinstated, he approached Tribunal 21/2 years later

for reinstatement. In the petition it is contended that

petitioner was not issued a notice before being dismissed

for service but Ex. M-7 shows that he was issued a

comprehensive notice about the enquiry report. Thus the

record shows that the petitioner was given more than

sufficient opportunities to mend himself but he failed to do

so. With regard to the reason for the poor attendance of

the petitioner during the year 2004, no material is produced

before this Tribunal about the injuries sustained by the

petitioner in the accident and the treatment taken by him.

In the absence of any supporting evidence the plea of the

petitioner can not be accepted. Petitioner failed to mention

in his petition about the two counselings given to him.

There is also an explanation as to why he could not improve

his performance during the two periods of observation

mentioned above. Therefore this is a clear case where the

petitioner was not inclined to attend duties regularly and

though the delay of 2 1/2 years is not a big delay in

approaching this Tribunal, it shows the nonchalant attitude

of the petitioner in asserting his rights.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1427

9. Therefore viewed from any angle, the petitioner is

unable to make out that he was prevented from attending

duties because of reasons beyond his control. This is a

case where disinclination to attend duties is apparent.

Therefore this Tribunal is compelled to hold that petitioner

is not entitled to any relief.

10. In the result, the peition is dismissed.

Dictated to Stenographer Gr. I, transcribed by her,

corrected and pronounced by me in the open court on this

the 5th day of August, 2014.

G. V. KRISHNAIAH, Chairman-cum-Presiding Officer

Appendix of Evidence

Witnesses Examined

For workman:—

For Management:—

-Nil-

-Nil-

EXHIBITS

For workman:—

Ex. W-1

Dt.

14-09-2007

Dismissal order

Ex. W-2

Dt.

18-09-2007

Memo

regarding

petitioner's

name

removed from the rolls

Ex. W-3

Dt.

13-07-2009

Demand notice

Ex. W-4

Dt.

15-07-2009

Postal Act., card of

respondent

For Management:—

Ex. W-1

Dt.

11-07-2005

Charge sheet

Ex. W-2

Dt.

22-07-2005

Reply to charge sheet

Ex. W-3

Dt.

19-08-2005

Enquiry notice

Ex. W-4

Dt.

24-08-2005

Proc., of enquiry

Ex. W-5

Dt.

25-08-2005

1st

counseling

proceedings

Ex. W-6

Dt.

02-09-2005

Enquiry report

Ex. W-7

Dt.

25-03-2006

Show cause notice

Ex. W-8

Dt.

11-11-2006

2nd

counseling

proceedings

Ex. W-9

Dt.

26-11-2006

Letter issued to the

petitioner to improve

attendance

Ex. W-10 Dt.

14-09-2007

Dismissal order, X. copy

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New Delhi, the 20th March, 2015

S.O. 599.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (Ref. No. 25/2012) of the Central

Government Industrial Tribunal-Cum-Labour Court ,

Bangalore now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of the Mysore Cements Limited and their

workman, which was received by the Central Government

on 13.03.2015.

[No. L-29012/54/2004-IR (M)]

JOHAN TOPNO, Under Secy.

ANNEXURE

BEFOR THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT

"Shram Sadan"

G G Palya, Tumkur Road,

Yeswanthpur, Bangalore-560 022.

DATED

:

13th February 2015

PRESENT

:

Shri S N NAVALGUND

Presiding Officer

CR No. 25/2012

I Party

II Party

Sh. Mallaiah,

The Managing Director,

S/o Sh. Alagappa, 558,

Mysore Cements Limited,

New Cross Colony,

Ammasandra Post,

Mysore Cements Limited,

Thuruvekere Taluk,

Ammasandra,

TUMKUR DIST- 572 211.

TUMKUR-572 211.

APPEARANCES

I Party

: Shri S.B. Mukkannappa

Advocate

II Party

: Sh. D. Leelakrishnan

Advocate

AWARD

1. The Central Government vide order No. L-29012/54/

2004-IR(M) dated 29.06.2010 in exercise of the powers

1428

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

conferred by Clause (d) of Sub-Section (1) and Sub-Section

2 (A) of Section 10 of Industrial Dispute act, 1947 has made

this reference for adjudication with following Schedule:

SCHEDULE

"Whether the action of the management of M/s.

Mysore Cements Limited in allegedly superannuating

Shri Mallaiah prematurely w.e.f. 30/5/2004 is just and

legal? What relief the workman is entitled to?"

2. On receipt of the reference while registering it in C R

25/2010 when notices were issued to both the parties they

entered their appearance through their respective

advocates and I Party filed his claim statement on 01.09.2010

and II Party filed its counter statement on 30.11.2010.

3. The I party in his claim statement alleges that he

who was born on 12.06.1949 and studied upto middle school

first year at Government Higher Primary School, Dandinshira

was appointed by the II Party as Khalasi on 13.02.1971 and

posted to work in the maintenance department issuing Card

No. 442 and being promoted for time to time during 2004

was holding the post of Fitter and that at the time of his

appointment or any point of time he was called upon to

produce any evidence about his Age Proof or date of birth

but through letters dated 01.02.1995 and 15.07.1995 he was

called upon to produce the documents regarding his date

of birth and educational testimony and pursuant to the

same he obtained duplicate transfer certificate from the

School on 10.02.1995 and produce the same in the year

1995 itself and subsequently vide letter dated 15.07.2000

and that he was under the bonafide intention that it was

recorded as 12.06.1949 in the Service Register but to his

surprise stating that his date of birth has been recorded as

30.05.1946 he came to be superannuated on 30.05.2004 and

that prior to his superannuation he gave representation

dated 27.05.2004 to continue him in service but he was

issued with an endorsement on 01.06.2004 stating that he

was retired from services of the company after 29.05.2004

on the basis of the date of birth mentioned in the service

Register as 30.06.1946 and thereby he has been deprived

of almost three years of service illegally. With these

assertions he has prayed for issue of direction to the II

Party to record his date of birth as 12.06.1949 based on the

Transfer Certificate produced by him and to pay the full

salary from the date of premature retirement till the date of

normal retirement and other consequential benefits.

INTERALIA, the II party contended that it appointed the I

Party as a casual Helper in the plumbing section of its

company at Ammasandra w.e.f. 01.01.1969 and confirmed

him in the said post in E Grade w.e.f. 13.02.1971 and at the

time of confirmation he had declared his date of birth as

30.05. 1946 without producing any proof indicating his date

of birth and accordingly in his service record his date of

birth was entered as 30.05.1946 and that he came to be

promoted as Khalsai and then as Fitter w.e.f. 01.01.1994

and as he had not produced any proof for his date of birth

he was advised to submit the same on or before 30.04.1986

vide letter No. PF/86 dated 28.04.1986 and subsequent letter

dated 10.05.1098, 01.02.1986, 15.07.2000 but he did not care

to produce any proof being born on 12.06.1949. It is further

contended he has also declared his date of birth on

29.12.1988 as 30.05.1946 in his ESI Declaration form and in

his Provident Fund declaration Form 2 on 29.01.1997. In

view of these declarations the age of retirement being

58 years he was to be retired after the working hours of

29.05.2004. Accordingly, through letter dated 26.12.2003

the intimation was given to him and that on the last date of

his superannuation i.e. 29.05.2004 he came up with a letter

dating as 27.05.2004 enclosing a School Certificate of one

Sh. A. Mallaiah, S/o Halagaiah in which the date of birth

was mentioned as 12.06.1949 and copy of a letter dated

30.12.2003 purported to have been given by him to the

Factory Manager with an ulterior motive of continuing in

service for three more years and having regard to the above

stated facts he was informed through letter dated 01.06.2004

that the school certificate produced by him cannot be

accepted as the name of the person is mentioned as Sh. A.

Mallaiah, S/o Halagaiah whereas, the name given by him at

the time of appointment and subsequent declaration is

Sh. Mallaiah, S/o Halagappa and that he has been rightly

superannuated after working hours of 29.05.2004 on

attaining the age of 58 years as per the age declared by

him. Thus it is contended the I party who at the time of his

appointment and subsequently in his ESI declaration form

and Provident Fund Declaration having declared his date

of birth as 30.05.1946 coming up with a claim based on

some school records of a person appears to have similarity

with his name on the last date of his superannuation is

nothing with an ulterior motive of continuing in service for

three more years illegally his claim is liable to be rejected.

4. After close of the pleadings when the matter was

posted for evidence the learned advocate appearing for

the II party while filling the affidavit of Sh. Sannarangaiah,

General Manager (HR) examining him on oath as MW 1 got

marked copies of Employee Service Record; Declaration

form date 29.12.1988 submitted to ESI; Declaration Form

dated 29.01.1997 submitted to EPF Authorities; letter dated

28.04.1986, 10.05.1986, 01.02.1995 and 15.07.2000 requesting

I party to submit proof of his date of birth; Retirement

Notice dated 26.12.2003 issued to the I party; letter dated

27.05.2004 submitted by I party to II party; School Transfer

Certificate on one Mr. A. Mallaiah; Identity Card of I party;

letter dated 30.12.2006 addressed by I party to the II party

regarding Company's Superannuation letter; copy of letter

dated 26.12.2003 addressed by II party to the I party; letter

dated 01.06.2004 addressed by II party to the I party

rejecting the I party claim; Letter dated 28/29.10.2004

addressed by II party to ALC(C), Bangalore along with DD

of Rs. 1,34,300.00 towards payment of Gratuity amount of

I party; Gratuity Application of the I party dated 19.11.2004;

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1429

Order of ALC(C), Bangalore dated 16.12.2004 under

Payment of Gratuity Act; letter dated 12.04.2005 along with

Cheque of Rs. 2450.00 as final settlement of I Party account;

final settlement letter dated 01.04.2005 addressed by II Party

to I Party; Postal Acknowledgement card dated 04.04.2005;

statement of final settlement of account of I Party with his

acknowledgement and letter dated 19.10.2010 addressed

by PF Authorities to II Party in respect of settlement of PF

claims of I Party as Ex M-1 to Ex M-22 respectively and

closed his side. Inter-alia, the learned advocate appearing

for the I Party while filing the affidavit of the I Party

examined him on oath as WW 1 and did not produce any

documentary evidence and closed his side.

5. After close of the evidence the learned advocate

appearing for the I Party addressed his oral arguments

whereas the learned advocate appearing for the II Party

filed his written arguments. Before the award could be

passed the learned advocate appearing for the I Party

reporting his death brought his wife, a son and a daughter

on record as his legal representatives.

6. On appreciation of the pleadings, oral and

documentary evidence brought on record in the light of

the arguments put forward by the learned advocates, I

have arrived at conclusion there is no pre-mature

superannuation and that he is superannuation on

30.05.2004 is based on the entry made in his service record

on the declarations he had given at the time of confirmation

of the service and subsequently in the ESI and PF forms

submitted on 29.12.1988 and 29.01.1997 respectively for

the following.

REASONS

7. The claim of the I Party that he was appointed and

confirmed in the service without he furnishing the date of

birth is not at all unacceptable. Because unless a person

gives his date of birth no establishment will give him

appointment and confirm in the service. The II Party in order

to substantiate its claim that he had given his date of birth as

30.05.1946 and accordingly it was entered in his service record

produced his Service Record and the copies of declaration

form given by him to ESI subscription and PF Nomination at

Ex M-1, Ex M-2 and Ex M-3 respectively wherein the date of

birth of the employee declared is 30.05.1946 and his name as

Mallaiah, S/o Alagappa. Further the II Party produced the

copies of its letter dated 28.04.1986, 10.05.1986, 01.02.1995

and 15.07.2000 calling upon him to produce documents

regarding his age proof at Ex M-4, Ex M-5, Ex M-6 and

Ex M-7 respectively and II Party in respect of his allegation

that after service of notice dated 01.02.1995 he had produced

the Transfer Certificate failed to substantiate the same by

producing any documentary evidence. The documentary

evidence produced by the II Party since disclose that the

I Party who declared his date of birth at the time of his

appointment/confirmation of the service as 30.05.1946

mentioning his name as Mallaiah, S/o Alagappa and later in

his declaration to ESI subscription and PF nomination

declared the same name and date of birth practically remaining

silent till he was served with an intimation that he is going to

be superannuated on 30.05.2004 through letter dated

26.12.2003 further waiting till 29.05.2004 the last working day

came up with a representation his date of birth in the Service

Record be altered as 12.06.1949 enclosing copy of a Transfer

Certificate issued by Government Higher Primary School,

Dandinshira wherein the name of Student is A. Mallaiah and

his father's name as Halagaiah which also do not tally with

the name and father's name he has given to record in his

service record and in the ESI subscription and PF

Nomination. These circumstances arising out of the

documentary evidence do suggest or probabilizes the

contention taken by the II Party that the I Party who all

along declared his date of birth as 30.05.1946 on the last

working day came up with such a false claim his date of birth

being 12.06.1949 with an ulterior motive of continuing in

service three more years illegally. Under the circumstances,

I have arrived at conclusion the action of the management of

M/s Mysore Cement Limited Superannuating Sh. Mallaih

w.e.f. 30.05.2004 is just and legal based on the declarations

given by him only from time to time and that he/his legal

representatives who have come on record are not entitle for

any relief. Hence, I pass the following

ORDER

The action of the management of M/s. Mysore

Cements Limited Superannuating Sh. Mallaiah w.e.f.

30.05.2004 is just and legal and that he/his legal

representatives who have come on record are not entitle

for any relief.

(Dictated to UDC, transcribed by him, corrected and

signed by me on 13th February 2015)

S.N. NAVALGUND, Presiding Officer

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1430

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

New Delhi, the 20th March, 2015

S.O. 600.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 20/2000) of the

Central Government Industrial Tribunal/Labour Court,

Bangalore now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of Kudremukh Iron Ore Company Limited and

their workman, which was received by the Central

Government on 13/03/2015.

[No. L-26011/6/99-IR (M)]

JOHAN TOPNO, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

"Shram Sadan",

G G Palya, Tumkur Road,

Yeswanthpur, Bangalore-560 022.

DATED : 26th December, 2014

PRESENT : Shri S.N. Navalgund

Presiding Officer

C.R. No. 20/2000

I Party

II Party

The Assistant General

The Dy. General Manager (P),

Secretary, Kudremukh

Kudremukh Iron Ore

Employees Union, KIOCL,

Company Limited,

Panambur,

KUDREMUKH-577 142.

MANGALORE - 575 010.

Appearances

I Party

:

Shri J.R. Naik, Advocate

II Party

:

Smt. K. Subha Ananthi, Advocate

AWARD

1. The Central Government vide order No. L-26011/6/

99/IR(M) dated 15.02.2000 in exercise of the power conferred

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

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

made this reference for adjudication with the following

schedule:

SCHEDULE

"Whether the action of the management of

Kudremukh Iron Ore Co. Ltd., Panambur, Mangalore,

in fixing the pay of Shri G.S. Chandrashekarappa Staff

No. 34507 Store Keeper, Pellet Plant Dept.,

Mangalore, at Rs. 2,754/- in the revised scale of pay

of Rs. 2200-3432 as on 1-1-1992 excluding fixed

dearness allowance as against their letter No. Pers/

M/05/3450 dated 27.4.90 is justified? If not, to what

relief the workman is entitled?"

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

20/2000 when notices were issued to both sides I party

entered his appearance through Sh. J. R. Naik, Advocate

and filed his claim statement on 23.5.2001, whereas, the II

party appeared through Smt. K. Subha Ananthi, Advocate

and filed his counter statement on 16.10.2001. The I party

in the claim statement claims that Sh. G. S.

Chandrashekarappa, Staff No. 34507 store keeper, Pellet

Plant Department, Mangalore (hereinafter referred as I party

workman) who joined the service of the II party on

05.08.1992 as Store man and was promoted as Assistant

Store Keeper by virtue of memorandum of settlement dated

12.12.1998 entered into between the II party and the I party

Union his scale of pay came to be revised from the then

scale of pay existing earlier thereto (R3 585-16-697-18-823)

in the technical scale of pay of N3 1415-28-1611-32-1835.

Since the I party Union in order to ensure better career

path for the cadre of the Assistant Store Keeper demanded

the Ministerial scale of pay as against the technical scale

of pay earlier existing the scale of pay from them came to be

changed to ministerial scale of pay MI i.e. 1425-43-1726-

53-2203 w.e.f. 01.02.1990 as against the technical scale of

pay of Rs. 1415-28-1611-32-1835 as such w.e.f. 01.02.1990

he comes in the pay scale of Rs. 1425-43-1726-53-2203 vide

order No. Pers./M/05/1/3450 dated 27.04.1990. It is further

asserted that his pay drawn as on 01.02.1990 in the technical

scale of pay as originally prescribed for Assistant Store

Keeper under the settlement dated 12.12.1989 had been

fitted in the ministerial scale of pay in the appropriate stage

protecting the then existing total pay drawn as on 01.02.1990

with a rider that if there was no equivalent stage in the

ministerial scale of pay the pay would be fixed at the available

nearest lowest stage in the ministerial scale of pay and the

difference thereto would be allowed as personal pay and

such personal pay being treated as pay for all purposes

including for determination of fixed dearness allowances,

mining allowances etc. and as technical scale of pay to

which the Assistant Store Keepers were originally entitle

Rs. 1415-28-1611-32-1835 was being not identical to the

said ministerial scale of pay to which they were later on

entitle to from 01.02.1990 it had been made clear by the

management that any such personal pay arising out of

such fixation would be absorbed fully in the event of any

general wage revisions that would come into force

subsequent to 01.02.1990 and accordingly as on 01.01.1992

the I party workman was drawing a basic scale of Rs. 1683.00

in the ministerial scale of pay along with personal pay of

Rs. 14/- and by virtue of subsequent memorandum of

settlement dated 27.11.1995 when wage revision was

effected for all the workman of the II party company the

ministrial scale of pay was revised from 1425-43-1726-53-

2203 to 2220-69-2703-81-3432 w.e.f. 01.02.1992 and

consequent to the said wage revision the scale of pay of

the I party workman came to be revised and fixed @ 2784.00

w.e.f. 01.01.1992 showing a sum of Rs. 11.00 as personal

pay as per office order No. PERS/04/31.50 dated 30.11.1995

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1431

but the complete personal pay of Rs. 14.00 was to be

absorbed by which it ought to have been fixed at Rs. 2865.00

and on his representation the same was unjustly denied

placing reliance on clause 50 of settlement dated 27.11.1995,

therefore his claim he was entitle for fixation at Rs. 2865.00

in the scale of 2220-69-2703-81-3432 is just and proper. Thus,

it is prayed to answer the schedule of reference in favour

of the I party workman with exemplary cost and interest @

2% p.a. on the amount due to him. Inter alia, in the counter

statement without disputing the fact that Sh. G. S.

Chandrashekarappa, Staff No. 34507 Store Keeper, Pillate

Plant Department, Mangalore who joined the service of

the II party on 05.08.1992 as Store Man was promoted as

Assistant Store Keeper and by virtue of memorandum of

settlement dated 12.12.1989 entered into between the II

party and the I party Union his scale of pay came to be

revised from the then scale of pay existing earlier thereto

(R3 585-16-697 18 823) in the technical scale of pay of N3

1415-28-1611-32-1835 and as the I party Union in order to

ensure better career path for the cadre of the Assistant

Store Keeper demanded the ministerial scale of pay as

against the technical scale of pay earlier existing the scale

of pay for them came to be changed to ministerial scale of

pay MI i.e., 1425-43-1726-53-2203 w.e.f. 01.02.1990 as against

the technical scale of pay of Rs. 1415-28-1611-32-1835 as

such w.e.f. 01.02.1990 he came in the pay scale Rs. 1425-43-

1726-53-2203 vide order No. Pers./M/05/1/3450 dated

27.04.1990 and that his pay drawn as on 01.02.1990 in the

technical scale of pay as orginally prescribed for Assistant

Store Keeper under the settlement dated 12.12.1989 had

been fitted in the ministerial scale of pay in the appropriate

stage protecting the then existing total drawn as on

01.02.1990 with a rider that if there was no equivalent stage

in the ministerial scale of pay the pay would be fixed at the

available nearest lowest stage in the ministerial scale of

pay and the difference there to would be allowed as personal

pay and such personal pay being treated as pay for all

purposes including for determination of fixed dearness

allowances, mining allowances etc. and as technical scale

of pay to which the Assistant Store Keepers were orginally

entitle Rs. 1415-28-1611-32-1835 was being not identical to

the said ministerial scale of pay to which they were later on

entitled from 01.02.1990 it had been made clear by the

management that any such personal pay arising out of

such fixation would be absorbed fully in the event of any

general wage revisions that would come into force

subsequent to 01.02.1990 and accordingly as on 01.01.1992

the I party workman was drawing a basic scale of Rs. 1683.00

in the ministerial scale of pay along with personal pay of

Rs. 14/- and by virtue of subsequent memorandum of

settlement dated 27.11.1995 when wage revision was

effected for all the workman of the II party company the

ministerial scale of pay was revised from 1425-43-1726-53-

2203 to 2220-69-2703-81-3432 w.e.f. 01.01.1992 and

consequent to the said wage revision the scale of pay of

the I party workman came to be revised and fixed

@ Rs. 2784.00 w.e.f. 01.01.1992 showing a sum of Rs. 11.00

as personal pay as per office order No. Pers./M/04/31.50

dated 30.1.1995 it is contended the Union Representatives

sought for rectification of anomaly in respect of 11 Store

Keeper Personnel but the management while identifying

the similar anomaly for six more store keeper personnel

rectified the anomaly of in all 17 store keeper personnel by

virtue of discussion held on 11.07.1996 and 25.07.1996, the

pay scale of I party workman in the ministerial scale was

being fixed as per the understanding arrived between the

Union Representative and management during the minutes

of the meeting held on 11.07.1996 and 25.07.1996 and as at

that time the Union gave an undertaking any anomalies

raising out of the same will not be taken up in future for any

reason whatsoever the present claim in respect of

Sh. Chandrashekar is not justifiable and is liable to be

rejected.

3. After completion of the pleadings when the matter

was posted for as evidence the learned advocate appearing

for the II party examined Sh. Ashok Kumar, Deputy

Manager as MW 1 who has reiterated the contention in

the counter statement and got marked copies of letter of II

party dated 27.04.1990 addressed to Sh. G. S.

Chandrasekarappa; minutes of the meeting held on

11.07.1996; minutes of the meeting held on 25.07.1996;

rectification of pay fixation statement as on 01.01.1992;

memorandum of settlement dated 27.11.1995; note submitted

by the II party to the Chairman for approval; approval of

the Chairman of the note as Ex M-1 to Ex M-7 and during

the cross-examination of 1 party workman/WW 1 got

marked copy of the Office Order showing the revision of

pay w.e.f. 01.01.1992 as Ex M-8, Inter alia, the learned

advocate appearing for the I party while filing the affidavit

of I party workman reiterating the averments of the claim

statement examining him on oath as WW 1 got exhibited

copy of settlement dated 27.11.1995; order regarding fitment

of scale dated 27.04.1990; office order dated 30.11.1999;

reply sent to I party by the II party dated 15.02.1996; reply

given by the II party to I party grievances letter dated

26.02.1999; letter sent by the I party to the management

dated 02.03.1998; leter sent by I Party to the II party dated

05.08.1998; Lawyers notice dated 13.04.1999; settlement

dated 12.12.1989 and 27.11.1995 as Ex W-1 to Ex W-12.

4. After close of the evidence of both sides their learned

advocates have filed their written arguments wherein they

have reiterated the contents of the claim and counter

statements respectively.

5. On appreciation of the pleadings, oral and

documentary evidence brought on record by both the sides

in the light of the arguments put forward by the learned

advocates, I have arrived at conclusion the action of the

management of KIOCL in fixing the pay of Sh. G.S.

Chandrashekarappa Staff No. 34507 Store Keeper, Pellet

Plat Dept., Mangalore, at Rs. 2784/- in the revised scale of

pay of Rs. 2200-3432 as on 1-1-1992 excluding fixed dearness

1432

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

allowance as against their letter No. Pers./M/05/1/3450

dated 27.04.1990 is not justified and that the said workman

is entitle for fixation of his pay @ Rs. 2865.00 as claimed for

the following:

REASONS

6. As already adverted to by me above almost the

facts mentioned in the claim statement are not at all disputed

and the II party relying on the minutes of the meeting held

on 25.07.1996 copy of which is produced at Ex M-3 opposes

the claim of the I party workman contending that as the

Union Representatives agreed that consequent upon this

pay rectification any anomalies arising out of the same will

not be taken up in future for any reason whatsoever. With

due respect to the management/II party and its counsel the

claim now made is not for setting right the anomaly in

respect of the pay scale of the I party workman consequent

upon the rectification of 17 Store Keeper Assistants and

that his claim is that he was also entitle for rectification on

par with those 17 Store Keeper Assistants for rectification

of anomaly, therefore, it is not for rectification of anomalies

arising out of the fixation made through minutes held on

25.07.1996. MW 1 the only witness examined for the

management in his cross-examination having unequivocally

admitted the suggestion that if pay scale of the I party was

to be fixed at Rs. 2795.00 his next pay fixation will be

Rs. 2865.00 and as the documentary evidence do disclose

that the pay scale of the I party was being fixed at

Rs. 2795.00 in the pre-revised scale in the subsequent pay

fixation it was to be Rs. 2865.00 as claimed by him. Only

because the I party Union and the management failed to

identify the I party Workman while rectifying the anomaly

in the meetings held on 11.07.1996 and 25.07.1996 he cannot

be denied of his claim. Only because his anomaly being

Store Keeper Assistant was unnoticed by the Union as

well as the management at the time of rectification when

the same was brought to their notice he too would have

been given the same benefit that was given to the other

17 Store Keeper Assistants. Under the circumstances, the

claim of the I party is just and proper and its Rejection by

the management is not justified. In the result, I pass the

following

ORDER

The referenc is allowed holding that the action of the

management of KIOCL in fixing the pay of Sh. G. S.

Chandrashekarappa Staff No. 34507 Store Keeper, Pellet

Plat Dept., Mangalore, at Rs. 2784/- in the revised scale of

pay of Rs. 2200-3432 as on 1-1-1992 excluding fixed dearness

allowance as against their letter No. Pers./M/05/1/3450

dated 27.04.90 is not justified and that he is entitle for fixation

of his pay as on 01.01.1992 by Rs. 2865.00 as claimed by

him.

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

signed by me on 26th December, 2014)

S.N. NAVALGUND, Presiding Officer

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New Delhi, the 20th March, 2015

S.O. 601.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (Ref. No. 59/2008 & others) of

the Central Government Industrial Tribunal/Labour Court,

Bangalore now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of Mysore Minerals Limited and their

workman, which was received by the Central Government

on 13.03.2015.

[No. L-29012/68, 69, 71, 72,

73, 78, 92, 91, 85, 97, 98,

102, 103/2008-IR (M);

L-29012/3, 4/2009-IR (M)]

JOHAN TOPNO, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

"Shram Sadan",

G. G. Palya, Tumkur Road,

Yeswanthpur, Bangalore-560 022

DATED

:

9th January 2015

PRESENT

:

Shri S. N. Navalgund,

Presiding Officer

C R No. 59/2008

I PARTY

II PARTY

Sh. D. Krishnajppa, S/o Late

The Managing Director,

Shri Dasappa, Virupakshapura

Mysore Minerals Limited,

Village, Belaguli Post,

No. 39, M.G. Road,

Naggehalli Hobli, C R Patna Tq

Bangalore-560 001.

Hassan Distt.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1433

C R No. 62/2008

I PARTY

II PARTY

Sh. L. Somanna, S/o Late

The Managing Director,

Latchma Naik, R @ Yogimalali

Mysore Minerals Limited,

Village, Domlapura Post,

No. 39, M.G. Road,

Thirthahalli Taluk,

Bangalore-560 001.

Shimoga Distt.

C R No. 63/2008

I PARTY

II PARTY

Smt. Minukkamma, W/o late

The Managing Director,

Narayan, R @ Chowdi Gadde

Mysore Minerals Limited,

Village, Near Bukkivare

No. 39, M.G. Road,

Village Bellur Post, Hosanagar

Bangalore-560 001.

Taluk, Shimoga Distt.

C R No. 64/2008

I PARTY

II PARTY

Sh. Madhava, S/o Late

The Managing Director,

Shri Narayan Shetty, R @

Mysore Minerals Limited,

J D Gani Village, Devangi Post,

No. 39, M.G. Road,

Thirthahalli Taluk,

Bangalore-560 001.

Shimoga Distt.

C R No. 65/2008

I PARTY

II PARTY

Sh. Venkataraman, W/o late

The Managing Director,

Shri Anappa Gowda, MML

Mysore Minerals Limited,

Worker, R @ J D Gani Village,

No. 39, M.G. Road,

Devangi Post, Thirthahalli Tq

Bangalore-560 001.

Shimoga Distt.

C R No. 66/2008

I PARTY

II PARTY

Sh. B. Narayan, S/o late

The Managing Director,

Batchappa, R @ Yogimalali

Mysore Minerals Limited,

Village, Domlapura Post,

No. 39, M.G. Road,

Thirthahalli Taluk,

Bangalore-560 001.

Shimoga Distt.

C R No. 68/2008

I PARTY

II PARTY

Sh. C. Batcha, S/o late

The Managing Director,

Sh. C. Rama, R @ J D Gani

Mysore Minerals Limited,

Village, Devangi Post,

No. 39, M.G. Road,

Thirthahalli Taluk,

Bangalore-560 001.

Shimoga Distt.

C R No. 75/2008

I PARTY

II PARTY

Sh. Basavaiah, S/o Late

The Managing Director,

Shri Rangaiah, MML Worker,

Mysore Minerals Limited,

Beechagondanahalli Village,

No. 39, M.G. Road,

Voleagerhalli Post, Bagur

Bangalore-560 001.

Hobli, C R Patna Taluk,

Hasan Distt.

C R No. 01/2009

I PARTY

II PARTY

Sh. Talwar Marakka, W/o Late

The Managing Director,

Nagappa, Murarapuram,

Mysore Minerals Limited,

Taranagar Post, Sandur Taluk,

No. 39, M.G. Road,

Bellary District.

Bangalore-560 001.

C R No. 06/2009

I PARTY

II PARTY

Sh. Veerupakshappa, S/o

The Managing Director,

Pampapathi, Ward No. 3,

Mysore Minerals Limited,

Bhajangnagar, Vill. & P.O.,

No. 39, M.G. Road,

Sandur Taluk Bellary Distt.

Bangalore-560 001.

C R No. 10/2009

I PARTY

II PARTY

Sh. K. Gaffar since deceased

The Managing Director,

represented by Smt. Khrusheeda

Mysore Minerals Limited,

Begum and 6 others, S/o Late

No. 39, M.G. Road,

Salam Sab, R/o Kumbeshwara

Bangalore-560 001.

Beedhi, Shimoga Taluk and

District, Kumsi - 577 423.

C R No. 11/2009

I PARTY

II PARTY

Sh. A. Muniyamma, W/o Late

The Managing Director,

Appadorai, MML Worker, R @

Mysore Minerals Limited,

Kallukoppa Village, Sirigere

No. 39, M.G. Road,

Post, Shimoga Tq & Distt.

Bangalore-560 001.

C R No. 22/2009

I PARTY

II PARTY

Smt. P. Puttananjamma, W/o

The Managing Director,

Late Puttasbasavaiah, Matangi

Mysore Minerals Limited,

Badavane, Kumsi Post,

No. 39, M.G. Road,

Shimoga Tq & Distt.

Bangalore-560 001.

C R No. 23/2009

I PARTY

II PARTY

Sh. K. Kannan since deceased

The Managing Director,

represented by Smt. K.

Mysore Minerals Limited,

Chennamma & 3 others, W/o

No. 39, M.G. Road,

Late K. Kannan, Tuppooru

Bangalore-560 001.

Village, Shimoga Tq & Distt.

C R No. 27/2009

I PARTY

II PARTY

Sh. Nanjundappa, S/o Late

The Managing Director,

Sh. Ramanna R @ Haarnahalli

Mysore Minerals Limited,

Village, Shanthinagar,

No. 39, M.G. Road,

Haaranahalli Post, Shimoga

Bangalore-560 001.

Taluk and District.

C R No. 28/2009

I PARTY

II PARTY

Sh. K. Kannan since deceased

The Managing Director,

represented by Smt. K.

Mysore Minerals Limited,

Chennamma & 4 others, W/o

No. 39, M.G. Road,

Late K. Kannan, R/o Tuppooru

Bangalore-560 001.

Village, Tuppor Post,

Shimoga Taluk and District.

1434

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

Appearences

I Party

:

Shri K. T. Govinde Gowda,

Advocate

II Party

:

Shri A. K. Vasanth,

Advocate

COMMON AWARD

I.The Central Government vide order Nos. L-29012/

68, 69, 71, 72, 73, 78, 92, 91/2008-IR(M) dated 04.08.2008,

23/24.12.2008, 20.01.2009 in exercise of the power conferred

by clause (D) of sub-section (1) and sub-section (2A) of

section 10 of the industrial disputes Act, 1947 (14 of 1947)

made these references for adjudication with similar schedule

which read as under:

"whether the management of Mysore Minerals

Limited, Bangalore is removal from service of (naming

I party and date of termination in each case)? If not,

to what relief is the said workman entitled to?"

and under order No. L-29012/85, 97, 98, 102, 103/2008-

IR(M) dated 03.11.2008, 27.02.2009, 20.05.2009; L-29012/

3, 4/2009-IR(M) dated 02.06.2009 with a similar schedule

which reads as under:

"wheather the management of Mysore Minerals

Litmited is justified in terminating the services of

(naming I Party and date of terminating in each case)?

if not, to what relief is the said workmen entitled

to?"

2. Since the II Party/Management is common and the

workmen in all the cases and II party management in all the

cases through filled seprate claim statements and counter

statements all of them are being prototype and the cross-

examination of the workmen and management witness are

also similar in all the cases and even common arguments

were addressed by the learned advocates appearing for

both the sides, I have taken up all these references for

passing award through common award.

3. While registering the above references in C R Nos.

59, 62, 63, 64, 65, 66, 68, 75/2008, 01, 06, 10, 11, 22, 23, 27,

and 28/2009 respectively, when notices were issued the I

party and II Party entered their appearances through their

respective common advocates in all the 16 references and

filed their claim statement and counter statement which are

practically prototype.

4. Though the Ministry in relation to C R 59/2008, 62/

2008, 63/2008, 64/2008, 65/2008, 66/2008, 68/2008 and 06/

2009 mentioned the impugned punishment as Removal from

service and as the contention of the I party as well as the II

Party is that the punishment is that of termination and

even copy of orders produced states the punishment

imposed being termination.

5. The I Parties in all 16 references in their claim

statement claim that they were all appointed by the II Party

Management in its different Mining Units at Shimoga

District, Karnataka under different designations like Mining

Worker, Watchman, Foreman and that they had furnished

their date of birth as per the Horoscope manitained by their

parents as per the family tradition and custom and same

was accepted by the II Party Management by entering the

same in their respective EPF, B Register and Service Records.

They further calim that in the year 1998 the II party

management abruptly conducted an eye wash illegal

medical examination through an MBBS Doctor and not by

any Assistant Civil Surgeon as defined under Rule 29-C of

the Mines Rules 1955 and on the basis of the reports

obtained form that Doctor illegally terminated or

prematurely superannuated or forcefully made them to take

VRS from the services without complying the provisions

of Section 2(OO) and Section 25F, G, H & N of Industrial

Dispute Act, 1947 and also failed to issue three months

prior notice or tendor payment of three months salary before

terminating or prematurely supernnuating or forcefully

making them to retire form the services. With these

assertions the I Party workman in each reference have

prayed to direct the management to reinstate them into

service with continuity of service, full backwages and other

consquential benefits. INTERALIA, in the counter

statements filed for the II Party which are all prototype it is

contended that the dispute raised by the I party are time

barred and belated and that as per Mines Rules, 1955 it has

conducted Medical Examination of all the employees and

workers working at Mines Unit during the year 1997-98

which is mandatory as per law under the advise of Director

of mines Safety through a team of qualified and Senoir

Medical Officers from Hutti Gold Mines Company Limited

and as per the report of the experts the I party workmen

were incapacitated to work in a mine in view of the fact that

that they were aged more than 58 years as on the date of

the medical examination. Though the I party were given an

opportunity to prefer an appeal before Appellate Medical

Board within 30 days the same was not availed and on the

other hand they received the monetary benefits arising out

of termination i.e, EPF, Gratuity, Leave, Pension and all

other benefits without any protest and thereby there existed

no Employer and Employee relationship between the II

Party Management and the I party workmen. It is further

contended all the I Party workmen who did not avail the

opportunity extended to them to prefer an appeal and

received the benefits, after their co-workers succeeded in

getting relief in Writ Petition No. 5615/2001 and 5616/2001

on the file of Hon'ble High Court of Karnataka after lapse

of 8 years to their respective termination of services having

raised these disputes the exercise of power by the Central

Government under Section 10 (1) of the ID Act is not

reasonable, rationale and it ought to have refused to make

these references. With these contentions the II Party has

prayed for rejection of the references.

6. After close of the pleadings when the matters were

posted for evidence, counsel for II Party while filing the

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1435

similar affidavits of Sh. Somanna, Assistant Manager in all

the 16 matters examining him on oath as MW 1(M) got

exhibited in few cases copy of B Register and Service

Records as narrated in the annexure. Inter Alia, the learned

advocate appearing for the I Party who had got exhibited

some documents in each case while cross-examining MW

1(M) in the respective case as narrated in the annexure to

the Award while filing the affidavit of the respective

workman in each case examining them on oath as WW

1(M) closed his side.

7. With the above pleadings and evidence brought on

record by both the sides, counsel for I Party filed his

written arugments and though several opportunities were

provided to the II Party counsel to address his arguments

as he has not availed the same the matter same to be posted

for Award.

8. On appreciation of the pleadings, oral and

documentary evidence brought on record by both the sides,

in the light of the arugments put forward by their learned

advocates, I have arrived at conclusion of allowing the

referencess for the following

REASONS

9. There is no dispute as to the joining of service by

the I Party workmen as well as entry of their date of birth as

furnished by them in their service records by the II Party

and it is stated in the evidence of MW 1(M) that in view of

the request made by the Employees Union (without

specifying which Union) it conducted their Medical

Examination through qualified Senior Medical Officers and

as per their report they were found to be incapacitated to

work in mine in view of the fact that they were aged more

than 58 years as on the date of their medical examination

and based on that reports it took the decision to terminate

their services and terminated on different dates giving an

opportunity to prefer, an appeal before the Appellate

Medical Board and the same was not availed and they

received the terminal benefits and after the result in W P

No. 5615/2001 and 5616/2001 preferred by their co-workers

having raised these disputes they are not maintainable. In

view of the admission of the II Party that the I Party workmen

had joined its services on different dates as claimed by

them and the date of birth were recorded in their respective

service records as furnished by them while joining the

service as per the Horoscope maintained by their parents,

the claim of the workmen in their respective references

about their joining of the service and recording of their

date of birth in their service record as furnished by them

based on the Horoscope maintained by their respective

parents being not in dispute it was for the II Party to

establish that the Employees Union of which these

workmen were members had made request for conducting

their medical examination through qualified Senior Medical

Officers and accordingly they got conducted their medical

examination through qualified Senior Medical Officers and

were found to be incapacitated to work in mine being aged

more than 58 years of age on the date of their respective

examination but the II Party failed to place on record any

evidence to substantiate this contention put forward by

them. MW 1(M) the only witness examined for the II Party/

Management having categorically stated in the very

beginning of the affidavit evidence that he who is working

as Assistant Manager being conversant with the facts

from records, he has no personal knowledge about the

each workman subjected to the medical examination and

their medical reports being as claimed in the counter

statements. Under the circumstances in support of the

contention taken in the counter statements which is

reiterated in the affidavit evidence he ought to have

producted the documentary evidence to substantiate that

there was a request made by the Employees Union of

which these workmen were members for conducting their

medical examination to ascertain their fitness to work and

age and accordingly they subjected to medical examination

through qualified Senior Medical Officers and were found

to be incapacitated to work in Mine being aged about more

than 58 years as on the date of their respective Medical

Examinations. In the absence of production of medical

records/documents in that regard his/MW 1(M) testimony

in the affidavit which is reiteration of the contention in the

counter statement is baseless and of no value. Further

since it has come in the evidence of MW 1(M) by way of

admission in the cross-examination that during the years

1998 there were around 4000 mining workers in all the 40

mining units in MML in Karnataka State and out of them

around 2000 were working in the Mines of Shimoga District

namely, Kumsi Clay Mines, Byrapura Chromite Mines,

Thimmappanagudi Iron Ore Mines, Jamboor Chromite

Mines, and Mathod Limestone Mines and that it suffered

loss of about Rs. 21 crores in Shimoga District and due to

the said loss it thought of reducing the number of workers

and at his juncture it ordered for medical examination of all

mining workers. In view of this admission in the cross-

examination of MW 1(M) the claim of the II Party that the

medical examination of workmen were got done on the

request of the Employees Union in the absence of any

record in that regard has to be said to be far from truth. The

II Party which had accepted the date of birth of the workman

as furnished by them based on the Horoscope maintained

by their respective parents without any reason/doubt being

entertained in respect of their date of birth there was no

occasion for them to subject those workmen for medical

examination to ascertain their correct age. Moreover, there

being no evidence for the II Party that they had called

upon the workmen to undergo a medical check up to find

out their correct age without there being any enquiry in

that regard changing their date of birth is unsustainable,

because once the age is entered into service record it

cannot be changed unless the procedure prescribed for

changing the date of birth is followed. Under these

circumstances viewd from any angle the action of II Party

1436

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

terminating the services of the I Party workmen covered in

these references do amount to premature superannuation

or imposing the punishment of forceful retirement from

services by way of order of termination and are

unsustainable.

10. In the upshot of the above, the workmen covered

in these references are entitle for their reinstatement into

service and to continue in service till they attain the age of

superannuation which was 58 years till 16.07.2008 and came

to be raised to 60 years w.e.f. 17.07.2008 by virtue of the

Office Order dated 22.08.2008 copy of which have been got

exhibited in the cross-examination of MW 1(M) and in case

of workmen who died before date of superannuation till

the date of their death. But having regard to the nature of

the work for which they were engaged and raising these

disputes after around 8 years of their termination from the

services looking to the judgements rendered in WP No.

5615/2001 and 5616/2001 preferred by their co-workers, I

feel it just and appropriate to direct the II Party to pay them

30% of the salary/wages payable to the respective workmen

from the date of their respective references made by the

Ministry with other consequential benefits that they would

have received in the absence of their impugned termination

orders. In the result, I pass the following

ORDER

All the 16 references are allowed holding that the

management of Mysore Minerals Limited is not justified in

Removing/terminating the services of Sh. D Krishnappa,

Sh. L Somanna, Smt. Minukkamma, Sh. Madhava, Smt.

Venkataramana, Sh. B Narayana, Sh. C Batcha, Sh.

Basavaiah, Smt. Talwar Marakka, Shr. Veerupakashappa,

Sh. K. Gaffar, Smt. A Muniyamma, Smt. P Puttananjamma,

Sh. K Kannan, Sh. K Najundappa and Smt. K Chennamma

w.e.f. the respective dates mentioned in their references

and II Party is liable to reinstate them into the service/

designation that they were holding at the time of impugned

termination/removal from Service and to continue their

services till they attain the age of superannuation and in

case of workmen who died before date of superannuation

till the date of their death and pay them 30% of the salary/

wages payable to them from the date of their respective

references for adjudication with all other consequential

benefits that they would have received in the absence of

their impugned termination from service deducting the

benefits already given to them. It is made clear that in cases

of workmen who attain the age of 58 years prior to 16.07.2008

are entitled for being continued in service till they attain

the age of 58 years and who still do not complete the age of

58 years as on 17.07.2008 are entitled to be continued in

service till they attain the age of 60 years as per its office

Order dated 22.08.2008.

(Typed to my dictation by UDC, corrected and signed

by me on 9th January 2015)

S. N. NAVALGUND, Presiding Officer

ANNEXURE-I

Documents exhibited on behalf of management:

C R 59/2008

Ex M-1

:

Copy of B Register of I Party

C R 62/2008

Ex M-1

:

Copy of B Register of I Party

C R 63/2008

Ex M-1

:

Copy of B Register of I Party

C R 64/2008

Ex M-1

:

Copy of B Register of I Party

C R 65/2008

Ex M-1

:

Copy of B Register of I Party

C R 66/2008

Ex M-1

:

Copy of B Register of I Party

C R 68/2008

Ex M-1

:

Copy of B Register of I Party

C R 75/2008

Ex M-1

:

Copy of B Register of I Party

C R 01/2009

Ex M-1

:

Copy of B Register of I Party

CR 11/2009

Ex M-1

:

Copy of B Registar of I party

CR 22/2009

Ex M-1

:

Copy of B Registar of I party

CR 23/2009

Ex M-1

:

Copy of B Registar of I party

C R 27/2009

Ex M-1

:

Copy of B Registar of I party

Documents exhibited on behalf of workman:

CR 59/2008

Ex W-1

:

Order passed in WP No. 5615/2001(SS)

Ex W-2

:

Order passed in WA No. 3460/2001 c/w

6459/2001(SS)

Ex W-3

:

Order passed in WA No. 26101/01 and

others

Ex W-4

:

Office Order No. PIR: 7: GEN: 2008-09:1891

dated 22.08.2008 enhancing the age from

58 years to 60 years

CR 62/2008

Ex W-1

:

Copy of Membership Application

Ex W-2

:

Copy of Termination Order dated 16.06.1998

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1437

Ex W-3

:

Order passed in WP No. 5615/2001(SS)

Ex W-4

:

Order passed in WA No. 3460/2001 c/w

6459/2001(SS)

Ex W-5

:

Order passed in WA No. 26101/01 and

others

Ex W-6

:

Office Order No. PIR: 7: GEN: 2008-09:1891

dated 22.08.2008 enhancing the age from

58 years to 60 years

CR 63/2008

Ex W-1

:

Copy of Membership Application

Ex W-2

:

Copy of Termination Order dated 17.06.1998

Ex W-3

:

Order passed in WP No. 5615/2001(SS)

Ex W-4

:

Order passed in WA No. 3460/2001 c/w

6459/2001(SS)

Ex W-5

:

Order passed in WA No. 26101/01 and

others

Ex W-6

:

Office Order No. PIR: 7: GEN: 2008-09:1891

dated 22.08.2008 enhancing the age from

58 years to 60 years

CR 64/2008

Ex W-1

:

Copy of Membership Application

Ex W-2

:

Copy of Termination Order dated 17.06.1998

Ex W-3

:

Order passed in WP No. 5615/2001(SS)

Ex W-4

:

Order passed in WA No. 3460/2001 c/w

6459/2001(SS)

Ex W-5

:

Order passed in WA No. 26101/01 and

others

Ex W-6

:

Office Order No. PIR: 7: GEN: 2008-09:1891

dated 22.08.2008 enhancing the age from

58 years to 60 years

CR 65/2008

Ex W-1

:

Copy of Membership Application

Ex W-2

:

Copy of Termination Order dated 22.06.1998

Ex W-3

:

Order passed in WP No. 5615/2001(SS)

Ex W-4

:

Order passed in WA No. 3460/2001 c/w

6459/2001(SS)

Ex W-5

:

Order passed in WA No. 26101/01 and

others

Ex W-6

:

Office Order No. PIR: 7: GEN: 2008-09:1891

dated 22.08.2008 enhancing the age from

58 years to 60 years

CR 66/2008

Ex W-1

:

Copy of Membership Application

Ex W-2

:

Copy of Termination Order dated 17.06.1998

Ex W-3

:

Order passed in WP No. 5615/2001(SS)

Ex W-4

:

Order passed in WA No. 3460/2001 c/w

6459/2001(SS)

Ex W-5

:

Order passed in WA No. 26101/01 and

others

Ex W-6

:

Office Order No. PIR: 7: GEN: 2008-09:1891

dated 22.08.2008 enhancing the age from 58

years to 60 years

CR 68/2008

Ex W-1

:

Copy of Membership Application

Ex W-2

:

Copy of Termination Order dated 16.06.1998

Ex W-3

:

Order passed in WP No. 5615/2001(SS)

Ex W-4

:

Order passed in WA No. 3460/2001 c/w

6459/2001(SS)

Ex W-5

:

Order passed in WA No. 26101/01 and

others

Ex W-6

:

Office Order No. PIR: 7: GEN: 2008-09:1891

dated 22.08.2008 enhancing the age from

58 years to 60 years

CR 75/2008

Ex W-1

:

Copy of Medical Examination Report

Ex W-2

:

Copy of Termination Order dated 29.06.1998

Ex W-3

:

Order passed in WP No. 5615/2001(SS)

Ex W-4

:

Order passed in WA No. 3460/2001 c/w

6459/2001(SS)

Ex W-5

:

Order passed in WA No. 26101/01 and

others

Ex W-6

:

Office Order No. PIR: 7: GEN: 2008-09:1891

dated 22.08.2008 enhancing the age from

58 years to 60 years

CR 01/2009

Ex W-1

:

Copy of Termination Order dated 06.06.1998

Ex W-2

:

Order passed in WP No. 5615/2001(SS)

Ex W-3

:

Order passed in WA No. 3460/2001 c/w

6459/2001(SS)

Ex W-4

:

Order passed in WA No. 26101/01/ and

others

Ex W-5

:

Office Order No. PIR: 7: GEN: 2008-09:1891

dated 22.08.2008 enhancing the age from

58 years to 60 years

CR 06/2009

Ex W-1

:

Copy of Termination Order dated 29.06.1998

Ex W-2

:

Order passed in WP No. 5615/2001(SS)

Ex W-3

:

Order passed in WA No. 3460/2001 c/w 6459/

2001(SS)

1438

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

Ex W-4

:

Order passed in WA No. 26101/01/ and

others

Ex W-5

:

Office Order No. PIR: 7: GEN: 2008-09:1891

dated 22.08.2008 enhancing the age from

58 years to 60 years

CR 10/2009

Ex W-1

:

Copy of Form O issued by the II Party

Ex W-2

:

Copy of Termination Order dated 31.08.1998

Ex W-3

:

Order passed in WP No. 5615/2001(SS)

Ex W-4

:

Order passed in WA No. 3460/2001 c/w

6459/2001(SS)

Ex W-5

:

Order passed in WA No. 26102/01 and

others

Ex W-6

:

Office Order No. PIR: 7: GEN: 2008-09:1891

dated 22.08.2008 enhancing the age from

58 years to 60 years

CR 11/2009

Ex W-1

:

Copy of Termination Order dated 06.06.1998

Ex W-2

:

Order passed in WP No. 5615/2001(SS)

Ex W-3

:

Order passed in WA No. 3460/2001 c/w

6459/2001(SS)

Ex W-4

:

Order passed in WA No. 26101/01 and

others

Ex W-5

:

Office Order No. PIR: 7: GEN: 2008-09:1891

dated 22.08.2008 enhancing the age from

58 years to 60 years

CR 22/2009

Ex W-1

:

Copy of Termination Order dated 11.05.1998

Ex W-2

:

Order passed in WP No. 5615/2001(SS)

Ex W-3

:

Order passed in WA No. 3460/2001 c/w

6459/2001(SS)

Ex W-4

:

Order passed in WA No. 26101/01 and

others

Ex W-5

:

Office Order No. PIR: 7: GEN: 2008-09:1891

dated 22.08.2008 enhancing the age from

58 years to 60 years

CR 23/2009

Ex W-1

:

Copy of Termination Order dated 06.06.1998

Ex W-2

:

Order passed in WP No. 5615/2001(SS)

Ex W-3

:

Order passed in WA No. 3460/2001 c/w

6459/2001(SS)

Ex W-4

:

Order passed in WA No. 26101/01 and

others

Ex W-5

:

Office Order No. PIR: 7: GEN: 2008-09:1891

dated 22.08.2008 enhancing the age from

58 years to 60 years

Ex W-6

:

Family Tree given by the Village Accountant

Ex W-7

:

Death Certificate of my Husband dated

06.07.2002

CR 27/2009

Ex W-1

:

Copy of Membership application form

Ex W-2

:

Copy of Termination Order dated 31.08.1998

Ex W-3

:

Order passed in WP No. 5615/2001(SS)

Ex W-4

:

Order passed in WA No. 3460/2001 c/w

6459/2001(SS)

Ex W-5

:

Order passed in WA No. 26101/01 and

others

Ex W-6

:

Office Order No. PIR: 7: GEN: 2008-09:1891

dated 22.08.2008 enhancing the age from

58 years to 60 years

CR 28/2009

Ex W-1

:

Copy of Termination Order dated 06.06.2008

Ex W-2

:

Order passed in WP No. 5615/2001(SS)

Ex W-3

:

Order passed in WA No. 3460/2001 c/w

6459/2001(SS)

Ex W-4

:

Order passed in WA No. 26101/01 and

others

Ex W-5

:

Office Order No. PIR: 7: GEN: 2008-09:1891

dated 22.08.2008 enhancing the age from

58 years to 60 years.

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New Delhi, the 23rd March, 2015

S.O. 602.—In pursuance of Section 17 of the Industrial

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

hereby published the award (I.D. No. 29/2012) of the Central

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

Delhi now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of the Indian Agricultural Research Institute,

New Delhi and their workmen, which was received by the

Central Government on 20/03/2015.

[No. L-42011/91/2011-IR (DU)]

P. K. VENUGOPAL, Desk Officer

¹Hkkx IIó[k.M 3(ii)º

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1439

ANNEXURE

IN THE COURT OF SHRI AVTAR CHAND DOGRA,

PRESIDING OFFICER, CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL- CUM-LABOUR COURT

NO. 1, KARKARDOOMA COURT COMPLEX,

DELHI

ID No. 29/2012

Shri Ram Pratap Rai & 41 others,

Represented by Bhartiya Krishi Karamchari Sangh,

C/o Room No. 95, Barrack No. 1/10,

Jam Nagar House,

New Delhi

..........Workman

VERSUS

The Director,

Indian Agricultural Research Institute,

Pusa Road,

New Delhi

...........Management

AWARD

Brief facts given rise to the reference petition are that

Ministry of Labour, Govt. of India, vide letter No. L-42012/

91/2011-IR(DU) dated 19.01.2012 referred the following

dispute for adjudication under 10(2)(a) read with clause

1(d) of the Industrial Disputes Act, 1947 (in short the Act):

"Whether the action of the management of IARI Pusa in

not granting (A) equal pay (B) temporary status and

regularization of Shri Ram Pratap and 41 others (as per list

enclosed), casual workers with effect from 01.09.1993 is

legal and just? What relief the workman are entitled to and

from which date?"

2. It is apparent from the statement of claim filed on

behalf of the workman (Shri Ram Pratap Rai and 41 others)

that they have been performing their duties for the last

20—26 years and they were not granted regular status nor

regular pay scale was given to them, which is an unfair labour

practice under V Schedule of the Act. Management has been

following rules and regulations formulated by the

Government of India, including office memorandum of

Department of Personnel and Training dated 07.06.1988 as

per which casual workers doing the same job equivalent to

the regular employees, the casual workers are allowed

minimum pay scale plus dearness allowance but the

management denied the said wages and only paid the

minimum wages. Government of India has also sanctioned

posts for regularization of the services for their regularization

and the time limit for their regularization is also mentioned in

para 2 of the memorandum (Annexure A), which is as follows:

2. The following time limit for completing the review

has been prescribed in respect of the various Ministries/

Departments:

a.

Ministry of Railways

2 years

b.

Department of Post, Department of

Telecommunication and Department

1 year

of Defence Production

c.

All other Ministries/Departments/

6 months

Office

3. Indian Agricultural Research Institute (IARI) is a

constituent of ICAE and functioning under the Ministry of

Agriculture, Krishi Bhawan, New Delhi. According to Para

2(c) of the Department of Personnel in their memorandum

dated 07.06.1988 granted the six month for review and

regularization of the casual workers but the management

of IARI ignored the said office memorandum of the

Government of India and indulged in unfair labour practice

as defined under section 2(ra) of the Act.

4. Thereafter, Department of Personnel and Training

issued Office Memorandum dated 10.09.1993 and granted

temporary status and regularization of casual workers who

were employed after issuance of office memorandum dated

07.06.1988 were liable to be regularized. The policy has

further been reviewed in the light of the judgement of Central

Administrative Tribunal, Principal Bench, New Delhi

delivered on 16.02.1990 in writ petition filed by Shri Raj

Kamal and others vs. Union of India and it has been decided

that while existing guidelines contained in office

memorandum dated 07.06.1988 may continue to be followed,

grant of temporary status to the casual employees who

have rendered one year of continuous services in Central

Government office, other than Department of

Telecommunication, Posts and Railways may be regularized

by the scheme as appended. Thus, management was

required to review the case and take suitable action, but it

has ignored the office memorandum dated 07.06.1988 as

well as office memorandum date 10.09.1993. Management

has granted temporary status w.e.f. 01.09.1993. Management

has granted temporary status with effect from 01.09.1993 to

50 other casual workers who are junior to the workman

herein and this action of the management is illegal,

discriminatory and unfair labour practice. Copy of the office

order dated 03.02.1995 is annexed as Annexure C.

5. It is also averred that the workman herein have been

performing same and similar duty equivalent to their

counterparts called 'Supporting Staff'. As such they are

also entitled to equal pay for equal work. As per policy,

casual workers who have completed one year of service as

on 01.09.1993 were not granted temporary status, including

other allowances, increments etc. and the management of

IARI is exploiting the workman. Services of employees

1440

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

junior to those who were engaged as daily rated workers

after engagement of the workmen herein were regularized

vide appointment No. 4/7/96-III dated 26.09.1998 and there

date of regularization is discriminatory, inasmuch as the

workers are entitled to regularization from the date

mentioned in the office memorandum. Even the Department

of Personnel and Training vide their office memorandum

No. 49014/18/84 dated 07.05.1985 has relaxed the conditions

of sponsorship on employment of casual workers for their

regularization, who have not been recruited through

Employment Exchange before 07.05.1985. All these workmen

have been denied equal treatment by the management of

IARI. As per office order No. 4-7/96-P. III dated 26.09.1995,

services of junior persons to the workmen connected with

the dispute were regularized arbitrarily without regularizing

the services of senior persons. Services of juniors

belonging to the OBC category were regularized with effect

from 01.04.1998, unreserved category with effect from

31.05.1998, SC category with effect from 31.03.1998 and ST

category with effect from 01.04.1998. Accordingly, workmen

herein are entitled to be regularized from the same date as

belonging to the category of OBC, SC, ST and unreserved

in Group D post.

6. Reference petition was contested by the

management by filing written statement wherein

management had taken certain preliminary objections and

it is alleged that the reference is totally misconceived, false

and untenable. The same is not legally maintainable as

Bhartiya Krishi Karamchari Sangh has no locus standi or

authorized to file claim on behalf of employees of IARI.

IARI has been paying the employees their legitimate dues

and other facilities in accordance with law. Thus claim has

been filed by the trade union to disturb peach and with

ulterior motive. The Union has raised frivolous demands

and in order to harass the respondent, present claim petition

has been filed. On merits, it was alleged that the dispute

has been referred without application of mind and in a

mechanical manner. It is denied that the workmen herein

had been working with respondent for the last 20—26

years. Nature of work of these claimants was not regular

and same was seasonal or intermittent in nature. However,

they were engaged from 1998 on the basis of availability of

work. It is specifically denied that the management has

adopted unfair labour practice. IARI is governed by rules

framed by Government of India. The Institute is regularizing

the DPLs upto 1998 on the basis of availability of posts but

in the year 1999, ADRP came into existence and also made

of 10% in the total number of supporting staff and as such

number of posts were reduced drastically and regularization

of the DPLs was accordingly reduced. It is also alleged

that the workman in the present claim are engaged only for

performing work of seasonal nature. They are being paid

minimum wages as fixed by the Central/State Government,

whichever is higher. Services of the claimant herein cannot

be compared to that of regular employees as they were not

doing equivalent job to that of regular employees. The

management also denied other averments made in the

reference petition.

7. Against the factual backdrop, my learned

predecessor, vide order dated 26.03.2012, framed the

following issues:

i. Whether there is no industrial dispute for want of

proper espousal?

ii. As in terms of reference

8. Both the parties adduced oral as well as documentary

evidence in support of the stand taken in their respective

pleadings. Workman, i.e. Shri Ram Pratap Rai examined

himself as WW1 and tendered in evidence his affidavit as

Ex. WW1/A and supporting documents, i.e. Chart Ex.

WW1/1 showing names of workman posted at Regional

Station, Pusa, Bihar, was also tendered in evidence.

Avertments contained in the affidavit are on the same lines

as has been taken in the statement of claim. Shri Ram Prakash

Rai has specifically averred that the date of his initial

engagement is 27.04.1987 and he belongs to the OBC

category. It is further clear from perusal of details of the

workman contained in Ex.WW1/1 that there is mention of

the workmen here in the said list wherein date of birth as

well as date of initial engagement of the workman is

mentioned in the respective columns. During the course of

arguments, learned counsel for the management has not

disputed the list of workman, i.e. Ex.WW1/1.

9. Workman also examined Shri Ram Naresh Rai as is

witness, whose affidavit is Ex. WW2/A. He has primarily

relied upon office memorandum dated 07.06.1988, office

mamorandum dated 10.09.1993 as well as office order

03.02.1995. This is the order on the strength of which

temporary status was granted to the claimants.

10. Management, in support of its case, examined

Shri Chetan Swaroop as Ex.MW1, whose affidavit is Ex.

MW1/A. Contents of the affidavit are on the same lines as

the stand taken by the management in its written statement.

In his cross examination (22.07.2013), he has state that the

workman herein were not entitled for grant of temporary

status. As such, there was no question of regularization of

their services by the management. Employees on whom

temporary status has been conferred are regularized on the

basis of their seniority and the criteria laid down by the

Department of Personnel and Training. He has admitted that

Ex. WW2/1 and Ex.WW2/2, which contain instructions and

criteria to be followed for grant of temporary status etc., to

the workman is correct. He has further admitted that Shri

Ram Pratap Rai joined the management on 27.04.1983 as a

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1441

daily wager. Initially, he could not reply in cross examination

as to how many days continuous service was rendered by

Shri Ram Pratap Rai upto 31.12.1983. In his subsequent cross

examination (09.10.2013), Shri Chetan Swaroop, MW1,

submitted a chart showing the number of days of the

workmen in a given year and the said chart is Ex.MW1/W2.

He has neither satisfied himself regarding correctness of the

contents of the above chart nor has he compared it with the

attendance record. He has also referred to the seniority list

of casual labour, which is Ex.MW1/W3. Senior list does not

project names of the persons on whom temporary status

was accorded. In his subsequent cross examination

(27.11.2013), he has admitted that 12 casual labourers whose

names are mentioned in seniority list Ex.MW1/W3 were

regularized in services of the management without grant of

temporary status. He also admitted that the scheme issued

by the Government in 1993 regarding grant of temporary

status was a one time scheme. He has further admitted that

Shri Bhageran Rai, whose name is at serial No. 13 of the

senior list, Ex.MW1/W3 was not regularized, though he is

from the backward caste (OBC). He has further admitted that

all the claimants except Japshi Sahni and Shri Arun Takkar

belong to SC and OBC category. He has also tendered in

evidence, list Ex.MW1/W4 projecting the name of casual

employees whose services regularized by the management.

11. I have heard Shri B.K. Prasad, A/R for the claimant

and Shri Anil Singhal, A/R for the management.

Findings : Issue No. 1 and 2

12. Both the issues are being taken up together with

the reference for the purpose of discussion as they are

inter related and can be conveniently disposed of.

13. Shri Prasad strongly urged that the workmen who

have filed the reference petition are in fact senior to the several

other workmen. However, neither temporary status was

granted to them as per time schedule and policy of the

year 1993 nor their services were regularized as per office

memorandum discussed above. Non-grant of temporary status

and regularization of workman herein his highly arbitrary and

discriminatory and the same is not supported by any rule of

regularization. He also invited the attention of the Tribunal of

seniority list Ex.WW1/W3 wherein names of all 41 workmen

are mentioned. Since the workmen herein were doing the work

of beldar, which is being performed by regular beldars also, as

such, they were entitled to the time-scale which has been

given to the regular beldars in view of the judgement in case

of Surender Singh. Since the management has admitted that

the workmen herein to be daily paid labour and most of such

workmen were in job since the year 1983 onwards, as such, in

the year 1993, as per policy of the Government, temporary

status was required to be conferred upon them and thereafter

they were required to be made regular.

14. Admittedly, management has regularized services

of several arguments, this Tribunal wanted to know from the

management as to what criteria has been followed by the

management to regularize services of the workmen mentioned

in the list MW1/W4. Since some of the workman herein are

senior to the workmen mentioned in the List Ex.MW1/W4,

claim of the workmen herein was required to be considered

first in preference to the other workmen. It is settled principle

of law that seniority is not to be disturbed in respect of

those workmen who are doing similar job while considering

the question of grant of temporary status of regularizing

their services. It is not clear from the consolidated list,

Ex.MW1/W3 as to what was the criteria followed by the

management while granting temporary status or regularizing

services of the workmen mentioned in Ex.MW1/W4.

15. During the course of arguments, it was admitted

that office memorandum dated 07.06.1988, Ex.WW2/1 was

issued by Government of India in which policy regarding

engagement of casual workers has been reviewed by the

Government, keeping in view the judgement rendered by

the Hon'ble Supreme Court in the case of Surender Singh

and others Vs. Union of India. Here is also office memorandum

Ex.WW2/2 which deals with the grant of temporary status

and regularization of the casual workers. It is clear from

perusal of the same that grant of temporary status to casual

worker is available to all these who have rendered one year

continuous service in Central Government offices, except

Department of Telecommunication, Post and Railways. Thus,

as per the said memorandum, temporary status was required

to be accorded to the workmen herein, who have rendered

one year continuous service. It is further clear that a period

of 240 days (offices having six day week) and 206 days

(offices observing five day week) is to be taken in a calendar

year, for the purpose of continuous service.

16. The office memorandum Ex.WW2/2 dated

10.09.1993 clearly requires that the grant of temporary status

of the casual employees be done strictly in accordance

with the above memorandum and cases of negligence would

be viewed seriously and the same be brought to the notice of

the appropriate authority for taking prompt and suitable

action. Thus, a conjoint reading of office memorandum dated

07.06.1988 Ex.WW2/1 read with office memorandum Ex.

WW2/2 clearly provides the mode to be followed by the

employer for grant of temporary status to the casual workman

and thereafter their regularization. Learned authorized

representative appearing on behalf of the management could

not convince the Tribunal as to what was the method followed

by the management when services of he workman as contained

in Ex.MW1/W4 dated 31.07.2013 were regularized. Whether

any committee was constituted at the time of regularization of

the services of the workman or what criteria was followed

when conferring status of as well as evidence led by the

management. It is further clear from perusal of the list

1442

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

Ex. MW1/W4 that the workmen who were regularized were in

fact not senior to the workmen herein. For e.g. Shri Harvinder

Sah whose name is mentioned at Serial No. 11 in the list

Ex. MW1/W4 belongs to OBC category and was regularized

on 20.10.2006. It is clear from the join seniority list of the

workmen, Ex. MW1/W3 that Shri Harvinder Sah engaged as

workmen on 27.04.1983. Shri Ram Pratap Raj, workman herein

also belongs to OBC category and was also initially engaged

as workman on 27.04.1983. Reasons as to why he was not

regularized earlier are not clear from the perusal of the evidence

led by the management. Similarly, there are other employees/

workmen whose names apperar in the seniority list. Ex.

MW1/W3 who are having the same seniority but have neither

so far been conferred either temporary status nor their services

have been regularized in terms of office memorandum dated

07.06.1988. Ex. WW2/1 and office memorandum Ex. WW2/2. It

is pertinent to note here that shri Chetan Swaroop,

Administrative Officer examined by the management as MW1

admitted in his cross examination (27.11.2013) that 12 casual

labour whose names have been mentioned in seniority list

Ex, MW1/W3 were regularized in service by the management

without grant of temporary status was issued by the

Government in the year 1993. Shri Bhagender Rai, whose name

apperar as Serial No. 1 of the seniority list was not regularized

though he belongs to OBC category. He has further admitted

that all the workmen herein, except Shri Jhapsi Sahni and Shri

Arun Kumar Thakur belogn to ST or OBC category. Thus,

when majority of the workmen herein belong to OBC or SC/ST

category, their names were also required to be considered by

the management for the purpose of grant of Temporary status

as well as regularization of their service.

17. During the coruse of arguments, it was not disputed

that at the time of grant of temporary status, length of

service of workman is the major consideration to be followed

by the management. There is also no dispute that the

workmen herein are doing the same job and performing the

same work which was being performed by the workmen

whose services have been regularized. It has been held by

the Hon'ble Apex Court in the case of Bal Kishan Vs. Delhi

Administration (1 LLJ 61) that when persons belong to the

same cadre, in the eventuality, juniors cannot be confirmed

or promoted without considering the cases of the seniors

and any deviation from the above principle in contrary to

the spirit of Article 16 (1) of the Constitution.

18. Reliance was also placed upon the case of Durgapur

Casual workers Unions Vs. Food Corporation of India (Civil

apeal No. 10856 of 2014 (decided on 09.12.2014). It was

also a Case of casual workmen who were working as

contract labour in rice mill, which was later on closed.

Thereafter, workmen were directly employed by Food

Corporation of India in 1991 on daily wages for the purpose

of sweeping of godown and wagon floor etc. Since the

workmen were not made regular when absorbed, as such,

reference under Section 10 of the Act was made to the

Industrial Tribunal, who decided the case in favour of the

workmen and held that a continuous casualization of

services of workmen amount to 'unfair labour practice' as

defined in Item No. 10 in Para 1 of the Fifth Schedule of the

Act. Matter was later on taken to the High Court by the

management by filing writ petition, which was dismissed

resulting in affirmation of the award. Thereafter, intra court

appeal was filed before Division Bench of Calcutta High

Court and one of the grounds taken here was appointment

of most of the workmen were back-door appointment. Strong

reliance was placed upon Constitution Bench Judgement

of the Hon'ble Apex Court in the case of Secretary, State of

Karnataka & others Vs. Uma Devi (3) (2006 4 SCC1) wherein

the Hon'ble Apex Court held that any appointment in

derogation of the rules or back-door entry is totally illegal

and workman cannot claim regularization as a matter of

right if their initial appointment was totally against the

regulation. This plea of the management was rejected by

the Hon'ble Supreme Court by holding that the decision of

the Constitution Bench in Uma Devi case (supra) is not

attracted or applicable when the question simply is of

regularization or grant of temporary Status. Relevant

observations made by the Hon'ble Apex Court are as under:

"34. It is true that the case of Dharwad District PWD

Literate Daily Wage Employees Association Vs. State

of Karnataka (1990 2 SCC 396) arising out of industrial

adjudication has been considered in Umadevi (3) (2006

(4) SCC1) and that decision has been held to be not

laying down the correct law but a careful and complete

reading of decision of Umadevi (3) leaves no manner of

doubt that what this Court was concerned in

Umadevi (3) was the exercise of power by the High

Courts under Article 226 and this Court under Article 32

of the Constitution of India in the matters of Public

employment where the employees have been engaged

as contractual, temporary or casual workers not based

on proper selection as recognized by the rules or

procedure and yet orders of their regularization and

conferring them status of permanency have been

passed.

35. Umadevi (3) is an authoritative pronouncement for

the proposition that Supreme Court (Article 32) and

High Courts (Article 226) should not issue directions

of absorption, regularization or permanent

continuance of temporary, contractual, casual, daily

wage or ad-hoc employees unless the recruitment itself

was made regularly in terms of constitutional scheme.

36. Uma Devi (3) does not denude the Industrial and

Labour Courts of their statutory power under

Section 30 read with section 32 of MRTU & PULP

Act to order permanency of the workers who have

been victim of unfair labour practice on the part of

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1443

the employer under item 6 of Schedule IV where the

posts on which they have been working exists. Uma

Devi (3) cannot be held to have overridden the

powers of Industrial and Labour Courts in passing

appropriate order under Section 30 of MRTU & PULP

Act, once unfair labour practice on the part of the

employer under item 6 of Schedule IV is established."

19. Shri B.K. Prasad also placed strong reliance upon

the case of Director General Works CPWD Vs. Davinder

Singh (LPA 13 of 2008 decided on 12.02.2008) wherein also

same question relating the regularization of wireman on

muster roll was involved. There were 50 workers working

as wiremen whose services were regularized ignoring claim

of the petitioners who was senior to them and ultimately a

dispute was raised before the Tribunal, who held that the

action of the management in not regularizing the services

of the workman, i.e. wireman, is totally illegal and as such

not justified under the law. Thereafter, matter was taken to

the Hon'ble High Court of Delhi, who upheld the award of

the Tribunal and held as under:

"9. On going through the records, we are of the

considered opinion that there is a finding of fact

recorded by the Industrial Adjudicator that his junior

has since been regularized in service w.e.f. from

31st March, 1993. The appeallant could not in any

manner challenge the said finding of fact which is

arrived at. We are also not inclined to re-appreciate

the evidence inasmuch as there is ample evidence

on record to prove and establish that his juniors

have since been regualrised in service. Therefore, it

is a case of discrimination and not a case where the

ratio of the decision of the case of Uma Devi case

(supra) would be attracted.

10. In this cannection we may appropriately refer to

the decision of the Supreme Court in the case of Bal

Kishan Vs. Delhi Administration and another (1990)

1 LLJ 61. In paragraph 10 of the said judgment the

Supreme Court has also held as under:

"10. In service, there could be only one norm

for confirmation of promotion of persons

belonging to the same cadre. No junior shall

be confirmed or promoted without considering

the case of his senior. Any deviation from this

principle will have demoralizing effect in service

apart from being contrary to Article 16(1) of

the Constitution."

11. In U.P. State Electricity Board Vs. Pooran Chandra

Pandey and Others 2007 (12) Scale 304 the Supreme

Court has held that the judgment in Uma Devis case

cannot be applied mechanically without seeing the facts

of a particular case. It was also held in the said decision

that the decision in Uma Devi’s case (supra) is clearly

distinguishable. The said decision cannot be applied

to a case where regularization has been sought for in

pursuance of Article 14 of the Constitution."

20. Thus, it is clear from the law laid down in the above

authorities that services of casual workers is required to be

regularized in terms of the office memorandum of the year

1993 and thereafter status of regularization is to be conferred

upon the workman, who were eligible to be regularized in

accordance with the law. Since most of the workmen herein

were senior to the workmen whose names are mentioned in

the list, Ex. MW1/W4, as such, claim of the workmen herein

regarding grant of temporary status from the year 01.09.1993

is required to be considered in the light of the office

memorandum dated 10.09.1993. It is clear from perusal of the

list Ex.MW1/W4 that workman mentioned at serial No.29,

167 and 307, i.e. Smt. Laxmi Devi, Shri Rajinder Kumar and

Shri Jangliya are junior to Shri Ram Pratap Rai, and other. As

discussed above, Shri Ram Pratap Rai was engaged in the

1983 and most of the workmen mentioned in the list Ex.MW1/

W4 have also been recruited almost in the same year. As

such case of workmen herein was required to be considered

in the light of the scheme called 'Casual Labour—Grant of

Temporary Status and Regularization Scheme of Government

of India, 93.' They were also entitled to pay scales, including

dearness allowance, house rent allowance, city compensatory

allowance, travelling allowance, increments etc. from time to

time. Therefore, action of the management in not considering

the case of the workmen whose names are mentioned in

Ex.WW1/1 is held to be totally illegal and against the scheme.

Consequently, it is held that all the above workmen whose

case is covered by office memorandum Ex.WW2/1 and office

memorandum Ex.WW2/2, except Shri Phudeni Mehto, S/o /

Shri Laxman Mehto and Shri Bhola Mehto, S/o late

Rameshwar Mehto, whose names appear at serial No. 14

and 41 and whose initial date of engagement is 17.12.1994

and 20.04.1998 respectively in the list Ex.WW1/1, are liable

to be granted temporary status and regularization. Cases of

Phudeni Mehto and Shri Bhola Mehto may be considered

for temporary status and regularization in due course as per

their eligibility.

21. In view of the above discussions, it is held that

there exists industrial dispute between the partices

inasmuch as workmen herein fall within the definition of

'workman' and action of the management in not granting

equal pay as well as temporary status, including

consequential benfits from the due date and regularization

of the workmen Shri Ram Pratap Rai and others is total

illegal and not in accordance with the office memorandum

discussed above. Both the issues are decided accordingly.

An award is accordingly passed. Let this award be sent to

the appropriate Government, as required under Section 17

of the Industrial Disputes Act, 1947, for publication.

A.C. DOGRA, Presiding Officer

Dated: March 18, 2015

1444

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

ubZ fnYyh] 24 ekpZ] 2015

dk-vk- 603.—deZpkjh jkT; chek vfèfu;e] 1948 ¼1948

dk 34½ dh èkjk&1 dh mi&èkjk ¼3½ }kjk iznÙk 'kfDr;ksa dk iz;ksx

djrs gq,] dsUnzh; ljdkj ,rn~}kjk 01 vizSy] 2015 dks ml rkjh[k ds

:i esa fu;r djrh gS] ftldks mDr vfèfu;e ds v/;k;&4 ¼44 o

45 èkjk ds flok; tks igys ls izo`Ùk gks pqdh gSa½ v/;k;&5 vkSj 6

[èkjk&76 dh mi èkjk&¼1½ vkSj èkjk &77] 78 79 vkSj 81 ds flok;

tks igys gh izo`Ùk dh tk pqdh gSa] ds micaè rfeyukMq jkT; ds

fuEufyf[kr {ks=ksa esa izo`Ùk gksaxs] vFkkZr~%—

dsUnz

{ks= ds varxZr vkus okys fuEu

jktLo xk¡o

okyikjS {ks=

1- okyikjS rkyqd esa

okyikjS o

okyikjS

iksYykph rkyqd

2- iksYykph rkyqd esa

dks;Ecrwj ftyk

vkueyS fgYl

[lañ ,l&38013@19@2015&,lñ,lñ&1]

vt; efyd] voj lfpo

New Delhi, the 24th March, 2015

S.O. 603.—In exercise of the powers conferred by

sub-section (3) of Section 1 of the Employees' State

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

hereby appoints the 1st April, 2015 as the date on which

the provisions of Chapter IV (except Sections 44 and 45

which have already been brought into force) and

Chapter-V and VI [except Sub-Section (1) of Section 76 and

Sections 77, 78, 79 and 81 which have already been brought

into force] of the said Act shall come into force in the

following areas in the State of Tamil Nadu namely:—

Centre

Area Comprising the

Revenue Villages of

Valparai area

1. Valparai

Valparai &

in Valaparai Taluk

Pollachi Taluk

2. Anamalai Hills.

Coimbatore District

in Pollachi Taluk

[No. S-38013/19/2015-SS.-I]

AJAY MALIK, Under Secy.

ubZ fnYyh] 24 ekpZ] 2015

dk-vk- 604.—deZpkjh jkT; chek vfèfu;e] 1948

¼1948 dk 34½ dh èkjk&1 dh mi&èkjk ¼3½ }kjk iznÙk 'kfDr;ksa dk

iz;ksx djrs gq,] dsUnzh; ljdkj ,rn~}kjk 01 vizSy] 2015 dks ml

rkjh[k ds :i esa fu;r djrh gS] ftldks mDr vfèfu;e ds

v/;k;&4 ¼44 o 45 èkjk ds flok; tks igys ls izo`Ùk gks pqdh gSa½

v/;k;&5 vkSj 6 [èkjk 76 dh mi èkjk ¼1½ vkSj èkjk &77] 78] 79

vkSj 81 ds flok; tks igys gh izo`Rr dh tk pqdh gSa] ds micaè vkUèz

izns'k jkT; ds fuEufyf[kr {ks=ksa esa izo`Ùk gksaxs] vFkkZr~%µ

^^vkUèz izns'k ds d`".kk ftys ds xqMhokMk eaMy ds vèhu vkus

okys lHkh {ks=**

[lañ ,l&38013@20@2015&,lñ,lñ&1]

vt; efyd] voj lfpo

New Delhi, the 24th March, 2015

S.O. 604.—In exercise of the powers conferred by

sub-section (3) of Section 1 of the Employees' State

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

hereby appoints the 1st April, 2015, as the date on which

the provisions of Chapter IV (except Sections 44 and 45

which have already been brought into force) and Chapter

V and VI [except Sub-section (1) of Section 76 and Sections

77, 78, 79 and 81 which have already been brought into

force] of the said Act shall come into force in the following

areas in the State of Andhra Pradesh namely:—

"All the areas falling in the Gudivada Mandal

Krishana district of Andhra Pradesh."

[No. S-38013/20/2015-SS.-I]

AJAY MALIK, Under Secy.

ubZ fnYyh] 24 ekpZ] 2015

dk-vk- 605.—deZpkjh jkT; chek vfèfu;e] 1948 ¼1948

dk 34½ dh èkjk&1 dh mi&èkjk ¼3½ }kjk iznÙk 'kfDr;ksa dk iz;ksx

djrs gq,] dsUnzh; ljdkj ,rn~}kjk 01 vizSy] 2015 dks ml rkjh[k ds

:i esa fu;r djrh gS] ftldks mDr vfèfu;e ds v/;k;&4 ¼44 o

45 èkjk ds flok; tks igys ls izo`Ùk gks pqdh gaS½ v/;k;&5

vkSj 6 [èkjk&76 dh mi èkjk ¼1½ vkSj èkjk 77] 78 79 vkSj 81 ds

flok; tks igys gh izo`Ùk dh tk pqdh gSa] ds micaè vkUèz izns'k jkT;

ds fuEufyf[kr {ks=ksa esa izo`Ùk gksaxs] vFkkZr~%µ

^^vkUèz izns'k ds usYyq: ftys ds eqFkqdqj eaMy ds eqFkqdqj]

czãnsoe] taxky&dUn`xk] fiMkFkkiksyq:] xksikyiqje vkSj

d`".kkiVue dh jktLo lhek ds vèhu vkus okys lHkh {ks=**

[lañ ,l&38013@21@2015&,lñ,lñ&1]

vt; efyd] voj lfpo

New Delhi, the 24th March, 2015

S.O. 605.—In exercise of the powers conferred by

sub-section (3) of Section 1 of the Employees' State

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

hereby appoints the 1st April, 2015, as the date on which

the provisions of Chapter IV (except Sections 44 and 45

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1445

which have already been brought into force) and Chapter-

V and VI [except sub-section (1) of Section 76 and Sections

77, 78, 79 and 81 which have already been brought into

force] of the said Act shall come into force in the following

areas in the State of Andhra Pradesh, namely:—

"All the areas falling in Muthukur, Brahmadevam,

Jangala-Kandriga, Pidathapoluru, Gopalapuram and

Krishnapatnam in Muthukur Mandal of Nellore

district of Andhra Pradesh."

[No. S-38013/21/2015-SS.-I]

AJAY MALIK, Under Secy.

ubZ fnYyh] 24 ekpZ] 2015

dk-vk- 606.—deZpkjh jkT; chek vfèfu;e] 1948

¼1948 dk 34½ dh èkjk&1 dh mi&èkjk ¼3½ }kjk iznRr 'kfDr;ksa

dk iz;ksx djrs gq,] dsUnzh; ljdkj ,rn~}kjk 01 vizSy] 2015 dks ml

rkjh[k ds :i esa fu;r djrh gS] ftldks mDr vfèfu;e ds

v/;k;&4 ¼44 o 45 èkjk ds flok; tks igys ls izo`Rr gks pqdh gaS½

v/;k;&5 vkSj 6 [èkjk&76 dh mi èkjk ¼1½ vkSj èkjk &77] 78 79

vkSj 81 ds flok; tks igys gh izo`Rr dh tk pqdh gaS] ds micaè vkUèz

izns'k jkT; ds fuEufyf[kr {ks=ksa esa izo`Rr gksaxs] vFkkZr~%

^^vkUèz izns'k ds xq.Vqj ftys ds if'peh ckiVyk] iwohZ ckiVyk]

dksaMkcksRyokfuiyse] fiuhcksf;uofuiyse vkSj osnqYykiYyh

ckiVyk eaMy dh jktLo lhek ds vèhu vkus okys lHkh {ks=**

[lañ ,l&38013@22@2015&,lñ,lñ&1]

vt; efyd] voj lfpo

New Delhi, the 24th March, 2015

S.O. 606.—In exercise of the powers conferred by

sub-section (3) of Section 1 of the Employees' State

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

hereby appoints the 1st April, 2015, as the date on which

the provisions of Chapter IV (except Sections 44 and 45

which have already been brought into force) and Chapter-

V and VI [except sub-section (1) of Section 76 and Sections

77, 78, 79 and 81 which have already been brought into

force] of the said Act shall come into force in the following

areas in the State of Andhra Pradesh, namely:—

"All the areas in the Revenue Village of Bapatla and

the Hamlet Villages of West Bapatla, East Bapatla,

Kondabotlavanipalem, Pinniboyinavani-palem and

Vedullapalli of Bapatla Mandal in Guntur district of

Andhra Pradesh."

[No. S-38013/22/2015-SS.-I]

AJAY MALIK, Under Secy.

ubZ fnYyh] 24 ekpZ] 2015

dk-vk- 607.—deZpkjh jkT; chek vfèfu;e] 1948 ¼1948

dk 34½ dh èkjk&1 dh mi&èkjk ¼3½ }kjk iznRr 'kfDr;ksa dk iz;ksx

djrs gq,] dsUnzh; ljdkj ,rn~}kjk 01 vizSy] 2015 dks ml rkjh[k ds

:i esa fu;r djrh gS] ftldks mDr vfèfu;e ds v/;k;&4 ¼44 o

45 èkjk ds flok; tks igys ls izo`Rr gks pqdh gSa½ v/;k;&5 vkSj 6

[èkjk&76 dh mi&èkjk ¼1½ vkSj èkjk &77] 78 79 vkSj 81 ds flok;

tks igys gh izo`Rr dh tk pqdh gSa] ds micaè vkUèz izns'k jkT; ds

fuEufyf[kr {ks=ksa esa izo`Rr gksaxs] vFkkZr~%

^^vkUèz izns'k ds usYyq: ftys ds bUnqdqjisV eaMy ds MsfolisV

xk¡o dh jktLo lhek ds vèhu vkus okys lHkh {ks=**

[lañ ,l&38013@23@2015&,lñ,lñ&1]

vt; efyd] voj lfpo

New Delhi, the 24th March, 2015

S.O. 607.—In exercise of the powers conferred by

sub-section (3) of Section 1 of the Employees' State

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

hereby appoints the 1st April, 2015, as the date on which

the provisions of Chapter IV (except Sections 44 and 45

which have already been brought into force) and Chapter-

V and VI [except sub-section (1) of Section 76 and Sections

77, 78, 79 and 81 which have already been brought into

force] of the said Act shall come into force in the following

areas in the State of Andhra Pradesh namely:—

"All the areas falling in Devispet revenue village in

Indukurpet Mandal Nellore district of Andhra

Pradesh."

[No. S-38013/23/2015-SS.-I]

AJAY MALIK, Under Secy.

ubZ fnYyh] 25 ekpZ] 2015

dk-vk- 608.—deZpkjh jkT; chek vfèfu;e] 1948 ¼1948

dk 34½ dh èkjk&1 dh mi&èkjk ¼3½ }kjk iznRr 'kfDr;ksa dk iz;ksx

djrs gq,] dsUnzh; ljdkj ,rn~}kjk 01vizSy] 2015 dks ml rkjh[k ds

:i esa fu;r djrh gS] ftldks mDr vfèfu;e ds v/;k;&4 ¼44 o

45 èkjk ds flok; tks igys ls izo`Rr gks pqdh gS½ v/;k;&5 vkSj 6

[èkjk&76 dh mi èkjk&¼1½ vkSj èkjk&77] 78] 79 vkSj 81 ds

flok; tks igys gh izo`Rr dh tk pqdh gS] ds micaè rsyaxkuk jkT; ds

fuEufyf[kr {ks=ksa esa izo`Rr gksaxs] vFkkZr~%

^^rsyxkauk jkT; ds jaxkjsìh ftys ds dhljk eaMy ds jktLo xk¡o

vafdjsìh iYyh** dh lhek ds varxZr vkus okys lHkh {ks=A

[lañ ,l&38013@24@2015&,lñ,lñ&1]

vt; efyd] voj lfpo

1446

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

New Delhi, the 25th March, 2015

S.O. 608.—In exercise of the powers conferred by

sub-section (3) of Section 1 of the Employees' State

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

hereby appoints the 1st April, 2015, as the date on which

the provisions of Chapter IV (except Sections 44 and 45

which have already been brought into force) and Chapter-

V and VI [except Sub-Section (1) of Section 76 and Sections

77, 78, 79 and 81 which have already been brought into

force] of the said Act shall come into force in the following

areas in the State of Telangana namely:-

"All the areas falling within the limits of Revenue

Village of Ankireddypally of Keesara Mandal in

Ranga Reddy District of Telangana State."

[No. S-38013/24/2015-SS-I]

AJAY MALIK, Under Secy.

ubZ fnYyh] 25 ekpZ] 2015

dk-vk- 609.—deZpkjh jkT; chek vfèfu;e] 1948 ¼1948

dk 34½ dh èkjk&1 dh mi&èkjk ¼3½ }kjk iznRr 'kfDr;ksa dk iz;ksx

djrs gq,] dsUnzh; ljdkj ,rn~}kjk 01vizSy] 2015 dks ml rkjh[k ds

:i esa fu;r djrh gS] ftldks mDr vfèfu;e ds v/;k;&4 ¼44 o

45 èkjk ds flok; tks igys ls izo`Rr gks pqdh gS½ v/;k;&5 vkSj 6

[èkjk&76 dh mi&èkjk ¼1½ vkSj èkjk&77] 78] 79 vkSj 81 ds

flok; tks igys gh izo`Rr dh tk pqdh gS] ds micaè rfeyukMq jkT;

ds fuEufyf[kr {ks=ksa esa izo`Rr gksaxs] vFkkZr~%—

dsUnz

{ks= ds varxZr vkus okys fuEu

jktLo xk¡o

fr:oYywj ¼fr:oYywj½

1- vfÙkiV~M

ftysa esa ikséksjh rkyqd

vfÙkiV~M {ks=

[lañ ,l&38013@25@2015&,lñ,lñ&1]

vt; efyd] voj lfpo

New Delhi, the 25th March, 2015

S.O. 609.—In exercise of the powers conferred by

sub-section (3) of Section 1 of the Employees' State

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

hereby appoints the 1st April, 2015, as the date on which

the provisions of Chapter IV (except Sections 44 and 45

which have already been brought into force) and Chapter-

V and VI [except Sub-Section (1) of Section 76 and Sections

77, 78, 79 and 81 which have already been brought into

force] of the said Act shall come into force in the following

areas in the State of Tamil Nadu namely:—

Centre

Area Comprising the

Revenue Villages of

Attipattu area

1. Attipattu

Ponneri Taluk

Tiruvallur district

[No. S-38013/25/2015-SS-I]

AJAY MALIK, Under Secy.

ubZ fnYyh] 25 ekpZ] 2015

dk-vk- 610.—deZpkjh jkT; chek vfèfu;e] 1948 ¼1948

dk 34½ dh èkjk&1 dh mi&èkjk ¼3½ }kjk iznRr 'kfDr;ksa dk iz;ksx

djrs gq,] dsUnzh; ljdkj ,rn~}kjk 01vizSy] 2015 dks ml rkjh[k ds

:i esa fu;r djrh gS] ftldks mDr vfèfu;e ds v/;k;&4 ¼44 o

45 èkjk ds flok; tks igys ls izo`Rr gks pqdh gS½ v/;k;&5 vkSj

6 [èkjk&76 dh mi&èkjk ¼1½ vkSj èkjk&77] 78] 79 vkSj 81 ds

flok; tks igys gh izo`Rr dh tk pqdh gS] ds micaè rfeyukMq jkT;

ds fuEufyf[kr {ks=ksa esa izo`Rr gksaxs] vFkkZr~%

dsUnz

{ks= ds varxZr vkus okys fuEu

jktLo xk¡o

lsye ftys

1- eks:j bZLV

ladjh rkyqd

2- eks:j osLV

eks:j {ks=

[lañ ,l&38013@26@2015&,lñ,lñ&1]

vt; efyd] voj lfpo

New Delhi, the 25th March, 2015

S.O. 610.—In exercise of the powers conferred by

sub-section (3) of Section 1 of the Employees' State

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

hereby appoints the 1st April, 2015, as the date on which

the provisions of Chapter IV (except Sections 44 and 45

which have already been brought into force) and Chapter-

V and VI [except Sub-Section (1) of Section 76 and Sections

77, 78, 79 and 81 which have already been brought into

force] of the said Act shall come into force in the following

areas in the State of Tamil Nadu namely:—

Centre

Area Comprising the

Revenue Villages of

Morur area Sankari Taluk,

1. Morur East

Salem District

2. Morur West

[No. S-38013/26/2015-SS-I]

AJAY MALIK, Under Secy.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1447

ubZ fnYyh] 25 ekpZ] 2015

dk-vk- 611.—deZpkjh jkT; chek vfèfu;e] 1948 ¼1948

dk 34½ dh èkjk&1 dh mièkjk&¼3½ }kjk iznRr 'kfDr;ksa dk iz;ksx

djrs gq,] dsUnzh; ljdkj ,rn~}kjk 01vizSy] 2015 dks ml rkjh[k ds

:i esa fu;r djrh gS] ftldks mDr vfèfu;e ds v/;k;&4 ¼44 o

45 èkjk ds flok; tks igys ls izo`Rr gks pqdh gS½ v/;k;&5 vkSj 6

èkjk&76 dh mièkjk&¼1½ vkSj èkjk&77] 78] 79 vkSj 81 ds flok;

tks igys gh izo`Rr dh tk pqdh gS½ ds micaè rfeyukMq jkT; ds

fuEufyf[kr {ks=ksa esa izo`Rr gksaxs] vFkkZr~%—

dsUnz

{ks= ds varxZr vkus okys fuEu

jktLo xk¡o

fr:usyosyh ftys

1- rqyqDddZqye ¼rqyqDddZqye½

fr:usyosyh rkyqd

2- dksMxuYywj

rqyqDddZqye ¼rqyqDddZqye½

[lañ ,l&38013@27@2015&,l,l&1]

vt; efyd] voj lfpo

New Delhi, the 25th March, 2015

S.O. 611.—In exercise of the powers conferred by

Sub-section (3) of Section 1 of the Employees' State

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

hereby appoints the 1st April, 2015, as the date on which

the provisions of Chapter IV (except Sections 44 and 45

which have already been brought into force) and Chapter-

V and VI (except Sub-section (1) of Section 76 and Sections

77, 78, 79 and 81 which have already been brought into

force) of the said Act shall come into force in the following

areas in the State of Tamil-Nadu namely:—

Centre

Area Comprising the

Revenue Villages of

Thulukkarkulam area

1. Thulukkarkulam

Tirunelveli Taluk

2. Kodaganallur

Tirunelveli District

[No. S-38013/27/2015-SS-I]

AJAY MALIK, Under Secy.

ubZ fnYyh] 25 ekpZ] 2015

dk-vk- 612.—deZpkjh jkT; chek vfèfu;e] 1948 ¼1948

dk 34½ dh èkjk&1 dh mièkjk&¼3½ }kjk iznRr 'kfDr;ksa dk iz;ksx

djrs gq,] dsUnzh; ljdkj ,rn~}kjk 01vizSy] 2015 dks ml rkjh[k ds

:i esa fu;r djrh gS] ftldks mDr vfèfu;e ds v/;k;&4 ¼44 o

45 èkjk ds flok; tks igys ls izo`Rr gks pqdh gS½ v/;k;&5 vkSj 6

¼èkjk&76 dh mièkjk&¼1½ vkSj èkjk&77] 78] 79 vkSj 81 ds flok;

tks igys gh izo`Rr dh tk pqdh gS½ ds micaè rfeyukMq jkT; ds

fuEufyf[kr {ks=ksa esa izo`Rr gksaxs] vFkkZr~%—

dsUnz

{ks= ds varxZr vkus okys fuEu

jktLo xk¡o

enqjS ftys

1- is:axqMh

enqjS lkmr rkyqd

is:axqMh {ks=

[lañ% ,l&38013@28@2015&,l,l&1]

vt; efyd] voj lfpo

New Delhi, the 25th March, 2015

S.O. 612.—In exercise of the powers conferred by

Sub-section (3) of Section 1 of the Employees' State

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

hereby appoints the 1st April, 2015, as the date on which

the provisions of Chapter IV (except Sections 44 and 45

which have already been brought into force) and Chapter-

V and VI (except Sub-section (1) of Section 76 and Sections

77, 78, 79 and 81 which have already been brought into

force) of the said Act shall come into force in the following

areas in the State of Tamil-Nadu namely:—

Centre

Area Comprising the

Revenue Villages of

Perungudi area

1. Perungudi

Maduria South Taluk,

Madurai District

[No. S-38013/28/2015-SS-I]

AJAY MALIK, Under Secy.

ubZ fnYyh] 25 ekpZ] 2015

dk-vk- 613.—deZpkjh jkT; chek vf/kfu;e] 1948 ¼1948

dk 34½ dh /kkjk&1 dh mi/kkjk&¼3½ }kjk iznÙk 'kfDr;ksa dk iz;ksx

djrs gq,] dsUnzh; ljdkj ,rn~}kjk 01 vizSy] 2015 dks ml rkjh[k ds

:i esa fu;r djrh gS] ftldks mDr vf/kfu;e ds v/;k; 4 ¼44 o

45 /kkjk ds flok; tks igys ls izo`Ùk gks pqdh gaS½ v/;k;&5 vkSj 6

¼/kkjk 76 dh mi/kkjk&¼1½ vkSj /kkjk&77] 78] 79 vkSj 81 ds flok;

tks igys gh izo`Ùk dh tk pqdh gS½ ds mica/k rfeyukMq jkT; ds

fuEufyf[kr {ks=ksa esa izo`Ùk gksasxs] vFkkZr~%—

dsUnz

{ks= ds varxZr vkus okys fuEu

jktLo xk¡o

fr:ok:j {ks=

1- dqMokly rkyqd esa

dqMokly ,oa

vEe;Iiu

ufUuye rkyqd

2- ufUuye esa

fr:ok:j ftyk

lksjDdqMh

3- byoaxdqZMh

4- dhydoÙkDdqMh

5- dfUu;wj

1448

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

6- ekaxqMh

7- fr:ok:j ukFkZ lsrh

8- i"koUDdqMh

9- iwfyoye

10- jkEds

11- laqnj foykxe

12- raMyS

13- fr:ok:j lkmr lsrh

14- fot;iqje

fr:ok:j rkyqd esa

15- foyey

[lañ ,l&38013@29@2015&,l,l 1]

vt; efyd] voj lfpo

New Delhi, the 25th March, 2015

S.O. 613.—In exercise of the powers conferred by

Sub-section (3) of Section 1 of the Employees' State

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

hereby appoints the 1st April, 2015, as the date on which

the provisions of Chapter IV (except Section 44 and 45

which have already been brought into force) and Chapter-

V and VI (except sub-section (1) of Section 76 and Sections

77, 78, 79 and 81 which have already been brought into

force) of the said Act shall come into force in the following

areas in the State of Tamil-Nadu namely:—

Centre

Area Comprising the

Revenue Villages of

Thiruvarur area

1. Ammaiyappan

Kudavasal & Nannilam

In Kudavasal Taluk

Taluk

2. Sorakkudi

Thiruvarur District

In nannilam Taluk

3. Elavangarkudi

4. Keelakavathakudi

5. Kunniyur

6. Mangudi

7. Thiruvarur North Sethi

8. Pazhavanakkudi

9. Pulivalam

10. Ramkey

11. Sundara Vilagam

12. Thandalai

13. Thiruvarur South Sethi

14. Vijayapuram

15. Vilamal

In Thiruvarur Taluk

[No. S-38013/29/2015-SS-I]

AJAY MALIK, Under Secy.

ubZ fnYyh] 25 ekpZ] 2015

dk-vk- 614.—deZpkjh jkT; chek vf/kfu;e] 1948 ¼1948

dk 34½ dh /kkjk&1 dh mi/kkjk&¼3½ }kjk iznÙk 'kfDr;ksa dk iz;ksx

djrs gq,] dsUnzh; ljdkj ,rn~}kjk 01 vizSy] 2015 dks ml rkjh[k ds

:i esa fu;e djrh gS] ftldks mDr vf/kfu;e ds

v/;k;&4 ¼44 o 45 /kkjk ds flok; tks igys ls izo`Ùk gks pqdh gSa½

v/;k;&5 vkSj 6 ¼/kkjk 76 dh mi/kkjk ¼1½ vkSj /kkjk&77] 78] 79

vkSj 81 ds flok; tks igys gh izo`Ùk dh tk pqdh gSa½ ds mica/k

vkU/kz izns'k jkT; ds fuEufyf[kr {ks=ksa esa izo`Ùk gksasxs] vFkkZr~%—

^^fcdoksys eaMy vkU/kz izns'k ds iwohZ xksnkojh ftys ds dusMq

cyHknziqje] fcdoksys xkao dh jktLo lhek ds v/khu vkus

okys lHkh {ks=A**

[lañ ,l&38013@30@2015&,l,l&1]

vt; efyd] voj lfpo

New Delhi, the 25th March, 2015

S.O. 614.—In exercise of the powers conferred by

Sub-section (3) of Section 1 of the Employees' State

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

hereby appoints the 1st April, 2015, as the date on which

the provisions of Chapter IV (except Section 44 and 45

which have already been brought into force) and Chapter-

V and VI (except sub-section (1) of Section 76 and Sections

77, 78, 79 and 81 which have already been brought into

force) of the said Act shall come into force in the following

areas in the State of Andhra Pradesh namely:—

''All the areas falling within the Limits of Revenue

villages of Kanedu Bhalabhadrapuram, Biccavole of

Biccavole Mandal of East Godavari district in Andhra

Pradesh."

[No. S-38013/30/2015-SS-I]

AJAY MALIK, Under Secy.

ubZ fnYyh] 25 ekpZ] 2015

dk-vk- 615.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

34½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj chñlhñlhñ,yñ ds

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaè esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky;] uñ 2] /kuckn ds iapkV ¼lanHkZ la[;k 190@2001½ dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 25@03@2015 dks izkIr gqvk

FkkA

[lañ ,y&20012@139@2001&vkbZvkj ¼lh&I½]

,eñ dsñ ¯lg] vuqHkkx vf/kdkjh

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1449

New Delhi, the 25th March, 2015

S.O. 615.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 190/

2001) of the Cent. Govt. Indus. Tribunal-cum-Labour Court

No. 2, Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s. BCCL and their

workmen, received by the Central Government on

25/03/2015.

[No. L-20012/139/2001-IR (C-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (No. 2), AT DHANBAD

PRESENT

Shri Kishori Ram, Presiding Officer

In the matter of an Industrial Dispute under Section

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

REFERENCE No. 190 OF 2001

PARTIES:

The Secretary,

National Coal Workers Congress

At: Water Board Colony,

Hirapur, Dhanbad.

Vs.

The Project Officer,

Barora Coal Washery, of M/s.

BCCl, PO: Nawagrah, Dhanbad.

Ministry's Order No L-20012/139/

2001-IR(C-I) dt. 10.07.2001

APPEARANCES

On behalf of the workman/Union

: None.

On behalf of the Management

: Mr. Ganesh

Prasad, Ld. Adv.

State

: Jharkhand

Industry

: Coal

Dated

: Dhanbad the 18th

Dec., 2014

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on them under Sec.10 (1)

(d) of the I.D. Act, 1947 has referred the following dispute

to this Tribunal for adjudication vide their Order

No. L-20012/139//2001-IR(C-I) dt. 10.07. 2001 .

SCHEDULE

"Whether the demand of the NCWC from the

Management of BCCL, Barora Coal Washery to regularize

Raj Kumar Rawani as Fitter-cum- Operator is proper and

justified? If so, to what relief is the concerned workman

entitled and from what date?"

2. Not any Union Repersentative for workman Shri Raj

Kumar Rawani nor any witness for the evidence of the

workman appeared. Mr.Ganesh Pd., Ld. Advocate for the

OP/Management is present.

On going through the case record, I find that the case

has been all along pending for the evidence of the workman

since 03.03.2006, for which several notices including the

last three ones dated. 13.9.11, 25.6.14, and 22.12.14 were

issued to the Secretary concerned on his address as noted

in the Reference itself. The Union Representative by his

conduct just as the workman Raj Kumar Rawani appears to

be quite reluctant in pursuing the case for its final disposal.

Moreover despite show cause, the Union Representative

failed to submit any documents for the case of the workman,

which is related to an issue about his regularization as

Fitter-cum-Operator.

Under these circumstances, it seems to be no longer

an Industrial Dispute. Hence the case is closed as No

Industrial Dispute. Accordingly, an order is passed as No

Dispute Award.

KISHORI RAM, Presiding Officer

ubZ fnYyh] 25 ekpZ] 2015

dk-vk- 616.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

34½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj bZñlhñ,yñ ds

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky;] uñ 2] /kuckn ds iapkV ¼lanHkZ la[;k 37@2007½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 25@03@2015 dks izkIr gqvk FkkA

[lañ ,y&20012@67@2007&vkbZvkj ¼lh,e&I½]

,eñ dsñ ¯lg] vuqHkkx vf/kdkjh

New Delhi, the 25th March, 2015

S.O. 616.—In pursuance of Section 17 of the

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

Government hereby publishes the Award Ref. No. 37/2007

of the Cent. Govt. Indus. Tribunal-cum-Labour Court No.

2, Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s. ECL and their

workmen, received by the Central Government on

25/03/2015.

[No. L-20012/67/2007-IR (CM-I)]

M.K. SINGH, Section Officer

1450

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUS-

TRIAL TRIBUNAL (No. 2), AT DHANBAD

PRESENT

:

Shri Kishori Ram,

Presiding Officer

In the matter of an Industrial Dispute under Section

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

REFERENCE No. 37 OF 2007

PARTIES

:

The Secretary,

Koyla Mazdoor Congress

Gorai Mansion, G.T. Road, Asansol,

Vs.

General Manager,

Mugma Area of M/s. ECL

PO: Mugma, Distt; Dhanbad.

Ministry's Order No. : L-20012/67/2007-IR(CM-I)

dt. 23.07.2007

APPEARANCES

On behalf of the workman/Union

: None.

On behalf of the Management

: Mr. D.K. Verma.

Ld.Adv.

State

: Jharkhand

Industry

: Coal

Dated

: Dhanbad,the 31st

Dec., 2014

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on them under Sec. 10 (1)

(d) of the I.D. Act., 1947 has referred the following dispute

to this Tribunal for adjudication vide their Order

No. L-20012/67/2007-IR(CM-I) dt. 23.07.2007.

SCHEDULE

"Whether the action of the Chapapur Colliery of

M/s. ECL in dismissing the services of Shri Babulal Bhuia,

UG Loader, w.e.f. 10.04.2003 is justified and legal? If not, to

what relief is the concerned workman entitled?"

2. The case record put up in the Lok Adalat held today.

None appeared for the Koyla Mazdoor Congress, Asansol

(W.B.), but Mr. D.K. Verma, the Ld. Advocate for

OP/Management is present.

Mr. Verma, has submitted that since Mr. H.L. Soni, the

Secretary of the Union concerned has already by filling a

petition in 24.06.2010 had submitted that both the parties

have amicably settled the Industrial Dispute as per the

Memorandum of Settlement under the signature of Messrs

A.K. Sinha and P.K. Sinha, G.M. and P.M. (I.C.), Mugma

area respectively, and workman Babulal Bhuia as per the

letter No. ECL/CMD/C-60/IL/09/DA/1301 dt. 11/14.2.2010.

Under these circumstances, let an Award of Settlement

be passed on the basis of the Memorandum of Settlement

between both the parties as an integral part of the Award in

the Industrial Dispute/Reference which is related to an

issue over the dismissal of workman Babulal Bhuia, the

U/G Loader. Accordingly, the case is disposed of as 'No

dispute'.

KISHORI RAM, Presiding Officer

Memorandum of settlement arrived at between the

Management of Mugma area and their workman

Namely ....................... Design ....................

U.M. No. 886484 Colliery Chapapur

Represented the workman himself.

1. Name of the Party

1. Sri A.K. Singh, General

Representing Employer

Manager, Mugam Area

PO:

Mugma,

Distt;

Dhanbad, Jharkhand.

2. Sri P.K. Sinha, P.M. (IC),

Mugma Area, PO: Mugma,

Distt: Dhanbad.

2. Representing workman:

Sri Babulal Bhuia, Ex-U/G

Loader/Man No. 886484,

Chapapur Colliery.

SHORT RECITAL OF THE CASE

Sri Babulal Bhuia, Design. Ex. UCL U.M. No. 886484

Colliery Chapapur was dismissed from service for his

unauthorized absence from duty. Sri Babulal Bhuia,

represented before the Competent Authority of the

Company for consideration of his reinstatement in service.

The appeal for re-instatement was put up before the

Competent Authority, ECL, H.Q. and the Competent

Authority has been pleased to accord approval for re-

instatement in service of Sri Babulal Bhuia, as communicated

vide letter No. ECL/CMD/C-60/IL/09/DA/1301 dated 11/

14.12.2010 the Dy. CPM (L & IR) ECL, HQ, Sri Babulal Bhuia

reported for medical examination before the Area Medical

Officer, Mugma Area on 30.03.2010, i.e., within 30 days of

getting communication that his re-instatement has been

considered subject to the following terms & conditions:—

TERMS AND CONDITIONS

1. Sri Babulal Bhuia, should be declared medically fit by

the Medical Board.

2. That the employee concerned will not be entitled to

any back Wages for the period of his idleness.

3. That the ex-employee on reinstatement will be posted

in the underground wherever there is requirement.

4. That the ex-employees on such reinstatement in service

shall be on the probation for a minimum period of

1 (one) years and the same will be confirmed only on

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1451

receipt of satisfactory performance certification on

expiry of probation period by G.M., Mugma Area.

5. That the concerned ex-employee will un-conditionally

withdraw all pending claims/disputes raised, if any, by

him or any union in any forum/court of law relating to

his 'dismissal' and will submit "No Dispute Certificate

to the Management".

6. That the period of absence/idleness of the ex-employee

shall be treated as dies-non.

7. That the ex-employee will be allowed the benefit of

continuity of service for the period of his idleness for

the purpose of computation of his final gratuity

payment only.

8. That the concerned ex-employee in the even of

detection of his already withdrawing payment of

gratuity prior to re-instatement, shall refund the same

to the Management prior to his reinstatement in service.

In case management has deposited it with the ALC©/

Controlling Authority due to any reason whatsoever

may be, it will be allowed back by the depositing

authority on the ground of his re-instatement.

9. That in the event of detection of withdrawal of CMPF

accumulation by the ex-employee prior to re-

instatement, his case will be regulated as per the CMPF

Act/Rules.

Both the parties agreed to the above terms of

settlement and the matter is resolved herewith.

Sd/-

Sd/-

1. (A.K. Sinha), General

(Babulal Bhuia) Ex. U/G

Manager, Mugma Area,

Loader, U.M. No.

886484, Chapapur Colliery

2.

Sd/-

(P.K. Sinha), Personnel Manager (IC),

Mugma Area

WITNESSED BY

1. Makar Bouri, 119020,

2. Gabbar Singh 111009

ubZ fnYyh] 25 ekpZ] 2015

dk-vk- 617.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

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

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaè esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky;] uañ 2] /kuckn ds iapkV ¼lanHkZ la[;k 30@2011½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 25@03@2015 dks izkIr gqvk FkkA

[lañ ,y&20012@2@2011&vkbZvkj ¼lh,e&I½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 25th March, 2015

S.O. 617.—In pursuance of Section 17 of the Indutrial

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

hereby publishes the Award Ref. No. 30/2011 of the Cent.

Govt. Indus. Tribunal-cum-Labour Court No. 2, Dhanbad

as shown in the Annexure, in the industrial dispute between

the management of M/s. BCCL and their workmen, received

by the Central Government on25/03/2015.

[No. L-20012/2/2011-IR(CM-I)]

M.K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUS-

TRIAL TRIBUNAL (No. 2), AT DHANBAD

PRESENT

:

Shri Kishori Ram,

Presiding Officer

In the matter of an Industrial Dispute under Section

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

REFERENCE No. 30 OF 2011

PARTIES

:

The Vice President,

Bihar Colliery Kamgar Union, Qr. No. D-1-49,

PO: Bhuli Nagar, Distt; Dhanbad.

Vs.

The General Manager,

Lodna Area of M/s. BCCL, PO: Lodna Distt. Dhanbad.

Order No. L-20012/2/2011-IR(CM-I) dt. 18.10.2011.

APPERANCES:

On behalf of the workman/Union

: Mr. Kameshwar

Prasad,

Ld. Advocate

On behalf of the Management

: Mr. U.N. Lal,

Ld Advocate

State

: Jharkhand,

Industry

: Coal

Dated

: Dhanbad, the 30th

Jan. 2015.

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on them under Sec. 10(1)(d)

of the I.D. Act., 1947 has referred the following dispute to

this Tribunal for adjudication vide their Order No. L-20012/

2/2011-IR(CM-I) dt. 18.10.2011.

SCHEDULE

"Whether the action of the Management of Jayrampur

Colliery of M/s. BCCL in dismissing Smt. Bedamia

1452

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

Bhuini, Ex. H/C. Stacker from the services of the

Company vide order dated 25.12.2002 is fair and

justified? To what relief the workman concerned is

entitled to?"

On receipt of the Order No. L-20012/2/2011-IR(CM-I)

dt. 18.10.2011 of the above mentioned reference from the

Government of India, Ministry of Labour & employment,

New Delhi for adjudication of the dispute, the Reference

Case No. 30 of 2011 was registered on 14.11.2011 and

accordingly an order to that effect was passed to issue

notices through the Registered Posts to the parties

concerned, directing them to appear in the Court on the

date fixed, and to file their written statements along with

the relevant documents. In pursuance of the said order,

notices by the Registered Posts were sent to the parties

concerned.

Both the parties made their appearances and filed their

pleadings and photocopies of their documents. The Union

and the O.P./Management through their own respective

Ld. Counsels appeared in, and contested the case.

2. The case of workman Bedamia Bhuini as sponsored

by the Bihar Colliery Kamgar Union is that she was a

permanent employee of Jayrampur Colliery working as the

Loading Mazdoor. Her right leg had fractured on 03.04.2001.

She had got herself admitted in the Company's Central

Hospital, Dhanbad on 05.04.2001. Her leg was operated,

plastered, continuously treated by the Compan's Doctor

from 05.04.2001 to 17.07.2003, the date she was declared fit

for resumption of duty. She was advised for complete bed

rest. Meanwhile she was issued the chargesheet on

07.01.2002, but she neither received it, nor got any Notice

of Enquiry, or any 2nd Show Cause. When she reported

the OP/Manager for duty, she got the dismissal order

dt. 25.12.2002 for unauthorized absence immediately, she

got the Industrial Dispute raised. The OP/Management

during conciliation proceedings submitted their negative

stand as per the letter dt. 13.01.2010, without producing

any charge sheet etc. It indicated the dismissal as

fabrication. There was no misconduct of habitual absence

under clause of the Certified Standing Orders of the

Company. Her last there years' attendances 223, 24, and 52

days in the years 1999, 2000 and 2001 (upto 3.4.2001) clearly

indicate she was not a habitual absentee. The period of her

absence was her sick period. The dismissal of the Lady

worker is highly illegal. So she is entitled to reinstatement

with her full back wages and all consequential benefits.

3. In the rejoinder on behalf of the lady worker, all the

allegations of the OP/Management have been specifically

denied, further alleging that the dismissal order was issued

on 25.12.2002 just nine days of the 2nd Show Cause which

waws issued on 16.12.2002. At least 15 days time is alleged

to reply to the 2nd Show Cause. Hence, the decision was

taken in haste and in a forged manner. There is no

prescription of limitation applicable to the I.D. Act., 1947.

The show disciplinary proceeding is fabricated.

4. Whereas the contra case of the OP/Management is

that the Lady worker Bedamia Devi was an Ex-H.C. Stacker

of Jayrampur colliery. She was unauthorisedly absent from

3.4.2001. She was issued the chargesheet dt. 07.01.2002

under clause 6.1.1. of the Certified Standing Order of the

Company for her habitual absence from duty

unauthorisedly. She did not reply to it within 07 days. On

the appointment of Personnel Officer M.P. Singh and

Sri P.K. Singh as the Enquiry Officer and the Management

Representative respectively as per the letter dt. 4.2.2002 of

the Disciplinary Authority for holding the domestic enquiry,

the female employee did not respond to the notice of

enquiry. At last, the Enquiry Officer on 04.10.2002 decided

to hold the enquiry ex-parte. After ex-party enquiry, the

Enquiry Officer submitted his enquiry report to the

Disciplinary Authority holding the charges proved against

her. The Disciplinary authority considered it and agreed

with the findings of the Enquiry Officer. A second Show

Cause Notice was issued to the female employment, then

the Disciplinary Authority awarded her with the penalty of

dismissal as per his letter dt. 25.12.2002, he Industrial

dispute was raised by the union concerned, on 27.11.2009

before the ALC© after the seven years of her dismissal.

On the notice dt. 08.12.2009 by the ALC©, Dhanbad, the

Project Officer, Jairampur, submitted his comment as per

the letter dt. 13.2.19 to the ALC/Conciliation Officer. The

Industrial dispute on failure of its reconciliation resulted

in the reference for an adjudication. The female employee

was given full opportunity according to the natural justice.

So the action of the Management in dismissing her is

justified.

The OP/Management in their simultaneous rejoinder

has categorically denied all the allegations of the Lady

employee as incorrect, further stating that no intimation

was given by her to the Management at the irrelevant time.

The Management sought a permission to prove the

chargesheet against her, in case the enquiry is found unfair

and improper.

FINDING WITH REASONS

5. In the instant reference, on acceptance of the enquiry

even ex-parte as fair. Mr. Kameshwar Pd. Ld. Advocate for

the Union/Lady worker the domestic enquiry was held as

fair by the Tribunal as per Order No. 19 dt. 03.04.2014. At

the same time the photocopies and the documents of the

Lady worker and the OP/Management as per their own

lists were respectively marked their Exhibits for due

considerations. It resulted in hearing the final arguments

of both the parties on merits.

Mr. U.N. Lal, Ld. Advocate for the OP/Management

has submitted that female employee Smt. Bedamia Bhuini,

the Ex-H.C. Stacker neither replied to her chargesheet for

her miscounduct of habitual absentism w.e.f. 3.4.2001 or to

the enquiry notifies (Extt. M. 3 series) or even to the 2nd

Show Cause (Ext. M. 7) nor appeared in the domestic enquiry

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1453

nor intimated to the OP/Management about herself, so he

was penalized with the penalty of her immediate dismissal

from service as per the letter of the Management's letter dt.

25.12.2002 (Ext. M. 8) wich was just in the nature of her

misconduct; as such, she deserves not any relief. In

response to it, Mr. Kameshwar Ld. Counsel for the

workwoman inter alia submits that she had been all along

under the treatment at the Central Hospital, Dhanbad, for

her right leg fracture from 03.04.2001 to 09.02.2002 as per

(her treatement documents in photocopies (Extt. W. 1

series); meanwhile after an ex-parte enquiry, she was

wrongly dismissed from her service as per the

Management's letter dt. 25.12.2002 (Ext. M. 8), as the alleged

total absence period in the chargesheet was the total period

of the treatment at the Company's Hospital; therefore, it

was purely a case of her sickness, but not that of her

unauthorized absence; and as such his dismissal is illegal

and unjustified, and hence, she is entitled to reinstatement

with full back wages with all consequential benefits.

On due consideration of all the materials, I find that

the delinquent lady employee failed to intimate her long

absence from duty caused by her illness and long absence

from duty caused by her illness and long treatment during

the OP/Management at the relevant time. Nor she took

care of discharging her liability to inform of her critical

position for her right legal fracture, and its treatment as

she was all along treated as the ODT patient at the Central

Hospital, Dhanbad, as evident from the prescriptions.

Under these circumstance, it is awarded that the action

the Management of Jayrmapur Colliery of M/s BCCL in

dismising Smt. Bedamia Bhuini, ex-H/C Stacker from the

services of the Company as per order dt. 25.12.2002 is fair

and justified. Therefore, workman is not entitled to

reinstatement with back wages except her any other legal

services dues, if any from the OP/Management.

KISHORI RAM, Presiding Officer

ubZ fnYyh] 25 ekpZ] 2015

dk-vk- 618.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

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

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaè esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky;] uañ 2] /kuckn ds iapkV ¼lanHkZ la[;k 29@2008½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 25@03@2015 dks izkIr gqvk FkkA

[lañ ,y&20012@24@2008&vkbZvkj ¼lh,e&I½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 25th March, 2015

S.O. 618.—In pursuance of Section 17 of the Industrial

Disputes Act, 1947 (4 of 1947), the Central Government

hereby publishes the Award Ref. 29/2008 of the Cent. Govt.

Indus. Tribunal-cum-Labour Court No. 2, Dhanbad as

shown in the Annexure, in the industrial dispute between

the management of M/s BCCL and their workmen, received

by the Central Government on 25/03/2015.

[No.-L-20012/24/2008-IR (CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL (NO. 2), AT DHANBAD

PRESENT

:

Shri Kishori Ram,

Presiding Officer

In the matter of an Industrial Dispute under Section

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

REFENCE NO. 29 OF 2008.

PARTIES

:

The Joint Gen. Secretary.

Bahujan Mazdoor Union, C/o Amresh Prasad

Bhulan Bhuli Type.

Dhanbad.

Vs.

The General Manager,

C.V. Area of M/s BCCL, PO: Barakr, Distt: Burdwan

Order No. L-20012/24/2008-IR(CM-I) dt. 28.04.2008.

APPREARANCES:

On behalf of the workman/Union

: Mr. R. R. Ram,

Ld. Union Repre-

sentative

On behalf of the Management

: Mr. S. N. Ghosh,

Ld. Advocate

State

: Jharkhand

Industry

: Coal

Dhanbad, Dated : the 29th Jan. 2015

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on them under Sec. 10(1)(d)

of the I.D. Act., 1947 has referred the following dispute to

this Tribunal for adjudication vide their Order No. L-20012/

24/2008-IR(CM-I) dt. 28.04.2008.

SCHEDULE

"Whether the action of the Management of

Basantimata Colliery of M/s BCCL in dismissing Sh. Monga

Bouri, Miner from the services of the Compay w.e.f.

12.08.2006 is legal and justified? If not, to what relief is the

concerned workman entitled?

1454

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

2. Mr. R.R. Ram, the Representative of the Union

concerned and Mr. S.N. Ghosh, Ld. Advocate for OP/

Management are present, but neither rejoinder of the

workman nor any documents have been filed on behalf of

the either side. Meanwhile the aforesaid Union

Representative as the Joint General Secretary by filling a

petition to day duly seen by Mr. Ghosh under his signature

has submitted that the workman Sri Monga Bauri is

traceless as such the Union is unable to further contest the

case.

In view of the aforesaid situation, I find it is no longer

an Industrial Dispute as referred in the reference which is

related to an issue about the dismissal of the workman.

Hence the case is closed as "No Industrial Dispute" existing.

Therefore' an order of No Dispute Award is passed.

KISHORI RAM, Presiding Officer

ubZ fnYyh] 25 ekpZ] 2015

dk-vk- 619.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

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

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaè esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky;] uañ 2] /kuckn ds iapkV ¼lanHkZ la[;k 03@2008½ dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 25@03@2015 dks izkIr gqvk

FkkA

[lañ ,y&20012@135@2007&vkbZvkj ¼lh,e&I½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 25th March, 2015

S.O. 619.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award Ref. 03/2008 of the Cent. Govt.

Indus. Tribunal-cum-Labour Court No. 2, Dhanbad as

shown in the Annexure, in the industrial dispute between

the management of M/s BCCL and their workmen, received

by the Central Government on 25/03/2015.

[No. L-20012/135/2007-IR (CM-I)]

M. K. SINGH, Section Officer.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL (NO. 2), AT DHANBAD

PRESENT

:

Shri Kishori Ram,

Presiding Officer

In the matter of an Industrial Dispute under Section

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

REFENCE NO. 03 OF 2008

PARTIES

:

General Secretary,

Koyla Ispat Mazdoor Panchyat,

At: Chhatabad No. 5. Post: Katras,

Dhanbad (Jharkhand)-826001

Vs.

The General Manager,

Sijua Area of M/s BCCL, PO: Sijua, Dhanbad

Order No. L-20012/135/2007-IR(CM-I) dt. 31.12.2007.

APPREARANCES:

On behalf of the workman/Union

: Mr. B.B. Pandey

Ld. Advocate

On behalf of the Management

: Mr. D. K. Verma

Ld. Advocate

State

: Jharkhand

Industry

: Coal

Dated, Dhanbad : the 20th Jan. 2015

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on them under Sec. 10(1)(d)

of the I.D. Act., 1947 has referred the following dispute to

this Tribunal for adjudication vide their Order No. L-20012/

135/2007-IR(CM-I) dt. 31.12.2007.

SCHEDULE

"Whether the action of the Management of Sendra

Bansjora Colliery of M/s M/s BCCL in dismissing the

service of Sh. Kamla Kant Chatterjee, Minor Loader .w.e.f.

20.08.2005 is justified and legal? If not, to what relief is the

concerned workman entitled?

On receipt of the Order No. L-20012/135/2007-IR

(CM-I) dt. 31.12.2007, of the above mentioned reference

from the Government of India, Ministry of Labour &

employment, New Delhi for adjudication of the dispute,

the Reference Case No. 03 of 2008 was registered on

15.01.2008 and accordingly an order to that effect was

passed to issue notices through the Registered Posts to

the parties concerned, directing them to appear in the Court

on the date fixed, and to file their wirtten statements along

with the relevant documents. In pursuance of the said order,

notices by the Registered Posts were sent to the parties

concerned.

Both the parties made their appearances and filed their

pleading and photocopies of their documents. The Union

and the O.P./Mangement through their own respective Ld.

Counsels appeared in, and contested the case.

2. The case of workman Kamlakant Chatterjee as

sponsored by the Koyla Ispat Mazdoor Panchayat,

Dhanbad, is that the workman was a permanent employee

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1455

of M/s BCCL was working as M/Loader at Sendra Bansjra

Colliery under Sijua Area. After taking casual leave from

Feb., 12.14.2005, he had gone to his native village where he

fell sick; he had informed the Management of it on 16.02.2005

and 23.04.2005. On recovery, he had gone to report for his

duty on 09.05.2005 along with his Certificates of UPC and

fitness issued by the Doctor concerned, but he was not

allowed to resume his duty, and finally was dismissed from

his service w.e.f. 20.08.2005. He was forced to remain idle

from 09.05.2005 to 19.08.2005. The alleged departmental

enquiry was not in accordance with the principles of natural

justice, as his points raised by him were unconsidered.

Awarding him with the major penalty dismissal in place of

minor penalty is entitled for reinstatement with the

continuity of his service and other due benefits.

The workman in his rejoinder has specifically denied

all the allegations of the OP/Management.

3. Whereas, challenging the instant Reference as

mintainable, the case of the OP/Management is that the

workman concerned was an employee of Sendra Bansjora

Colliery under Sijua Area, but he was a habitual absentee,

as he was not regular in his work as evident from his three

years past record of attendances-32,14, and 105 days in

the year 2002 to 2004 respectively. He was previously

awarded with censor, stoppage of 3 SPRA, and warning for

his unauthorized absences w.e.f. 7.2.2002, 4.2.2003 and

08.06.2004 respectively. Likewise, he had unauthorizedly

absented from his duty w.e.f 15.02.2005, for the misconduct

of which he was issued the chargesheet dt. 26.5.2005. He

did not submit his reply to it. On the appointment of Senior

Personnel Officer, Ved Prakash as the Enquiry Office by

the Management, the domestic enquiry was fairly

conducted in the presence of the workman according to

the principle of natural justice. The Enquiry Officer

submitted his enquiry report, holding the workman guilty

of the charges. Even on the Second Show Cause Notice

with the enquiry Report to the workman by the Disciplinary

Authority, he had not submitted proper explanation. The

Management dismissed the workman .w.e.f. 20.08.2005 for

his provided misconduct. In case, the domestic enquiry

found unfair by the Tribunal at preliminary point, the OP/

Management sought a permission to adduce evidence

afresh to prove the charges. So the dismissal of the

workman by the Disciplinary Authority is legal, justified

and proportionate to the misconduct, the workman is not

entitled to any relief.

The OP/Management in its simultaneously rejoinder

has categorically denied the allegations of the workman as

wrong, further stating that the workman was a habitual

absentee, and despite several times afforded to the

workman for improving himself, he committed the same

misconduct.

FINDING WITH REASONS

4. In the instant case, in course of hearing at the

preliminary point as to the fairness of the domestic enquiry,

the workman as per his petition dt. 21.07.14 has accepted

the fairness of the enquiry. In result, the Tribunal as per the

Order No. 28 dt. 21.07.14 held the domestic enquiry as fair

and proper. Hence, it comes up for hearing the final

argument of both the parties on merits.

Mr. B.B. Pandey, Learned Advocate for the Union/

workman has submitted that the workman had served the

Company for 14-15 days after his employment on

compassionate ground in the year 1998, but he was issued

the chargesheet to be replied within 48 days, which is meant

for a minor punishment, but not for a major one; he had

also replied, yet he was dismissed from service w.e.f.

20.07.2005 for his absentism; and thus, awarding the

workman with dismissal penalty appears to be

disproportionate to the nature of this absentism, so he is

entitled to reinstatement in service. But adversely, Mr. D.K.

Verma, Ld. Counsel for the OP/Management has contended

that despite the exchequered record of the workman's

services containing same misconducts of absentism, he

was given resumption of his duty subject to the censor

and stoppage of 3 SPRA etc., he failed to improve himself;

hence the dismissal punishment for the instant misconduct

of the workman is quite just and proper; so he is not entitled

to any relief.

5. On the perusal and consideration of the materials, it

appears to be no didpute that the workman was a permanent

M/Loader. It is also beyond dispute that the workman had

gone home by taking two days Casual Leave from Feb., 12

to 14, 2005, thereafter he had fallen sick during the aforesaid

absentee period. Though he claims to have reported to it

to the Management through Under Postal Certificate (UPC)

of which receipt had filed in the enquiry; due to his

sickness, he appears to have absented. Moreover, the

workman appears to have begged pardon for his aforesaid

misconduct otherwise he would be dismissed from such

misconduct, if committed, further.

6. In the instant case, no second Show Cause was

issued to the workman for his proposed such punishment

of dismissal, as the alleged second Show Cause Notice dt.

12/15.07.2005 (Ext. M.7) relates to the issuance of

chargesheet and the appointment of Mr. Ved Prakash Sr.

Personnel Officer as Enquiry Officer. Under these

circumstances, the workman appears to be deprived of the

due opportunity to represent before his dismissal. In view

of the permanent status of the workman, the absolute

dismissal of the workman from his service appears to be

very harsh and shocking in view of his misconduct due to

unavoidable explained reasons. Hence, the Dismissal Order

dt. 18/20.08.2005 is liable to be set aside u/s 11 A of the

industrial Dispute Act, 1947.

In result it is hereby awarded that action of the

Management of Sendra Bansjora Colliery of M/s. BCCL in

dismissing the services of Sh. Kamla Kant Chatterjee, the

1456

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

M/Loader w.e.f. 20.08.2005 is not justified nor legal.

Therefore, the workman concerned is entitled to restatement

in the service of the Company but without back wages yet

maintaining continuity of her service.

The Management is directed to implement the Award

within a month from the date of its receipt following its

publication in the Gazette of India.

KISHORI RAM, Presiding Officer

ubZ fnYyh] 25 ekpZ] 2015

dk-vk- 620.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

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

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaè esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky;] uañ 2] /kuckn ds iapkV ¼lanHkZ la[;k 38@2008½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 25-03-2015 dks izkIr gqvk FkkA

[lañ ,y&20012@44@2008&vkbZvkj ¼lh,e&I½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 25th March, 2015

S.O. 620.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award Ref. 38/2008 of the Cent. Govt.

Indus. Tribunal-cum-Labour Court No. 2, Dhanbad as

shown in the Annexure, in the industrial dispute between

the management of M/s. BCCL and their workmen, received

by the Central Government on 25.03.2015.

[No. L-20012/44/2008-IR(CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL (NO. 2), AT DHANBAD

PRESENT

:

Shri Kishori Ram,

Presiding Officer

In the matter of an Industrial Dispute under Section

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

REFERENCE NO. 38 OF 2008

PARTIES

:

The Secretary,

Bihar Colliery Kamgar Union,

Jharnapara, Hirapur, Dhanbad.

Vs.

The General Manager,

Katras Area of M/s. BCCL, PO: Katras, Dhanbad.

Order No. L-20012/44/2008-IR(CM-I) dt. 28.05.2008.

APPEARANCES:

On behalf of the workman/Union

: Mr. K. Chakraborty

Ld. Advocate

On behalf of the Management

: Mr. D.K. Verma,

Ld. Advocate

State

: Jharkhand

Industry

: Coal

Dated, Dhanbad : the 29th Jan. 2015

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on them under Sec. 10(1)(d)

of the I.D. Act, 1947 has referred the following dispute to

this Tribunal for adjudication vide their Order No. L-20012/

44/2008-IR(CM-I) dt. 28.05.2008.

SCHEDULE

"Whether the action of the Management of West

Mudidih Colliery of M/s. BCCL in not regularizing

the services of Shri Dharmendra Kumar as Driver

w.e.f. May, 2000 and as Dumper Operator/Haul Pack

Operator w.e.f. April, 2005 is justified and legal? (ii)

To what relief is the concerned workman entitled and

from what date?"

2. Neither the Union Representative for Bihar Colliery

Kamgar Union nor workman Dharmendra Kumar appeared

nor any rejoinder with documents filed on behalf of the

workmen nor by the Management. But Mr. D.K. Verma, Ld.

Advocate for the OP/Management is present as usual.

From the perusal of the case record, it appears that the

case has been all along pending for filing a rejoinder on

behalf of the workman and the documents on behalf of the

both the parties since 04.04.2012 for which three Regd.

Notices dt. 4.4.12, 16.01.2014 and 31.05.13 were issued to

the Secretary of the Union concerned on the same address

as noted in the Reference itself, yet no response either

from the Union Representative or from the workmen himself.

The very conducts of the Union Representative and the

workmen himself appear to be their uninterestedness and

reluctant to peruse the case for its finality. The instant

reference is related to an issue of regularisation. Under

these circumstances, it is no longer an Industrial Dispute.

Accordingly an order of 'No Dispute' is passed.

KISHORI RAM, Presiding Officer

ubZ fnYyh] 25 ekpZ] 2015

dk-vk- 621.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

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

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaè esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1457

U;k;ky;] uñ 2] /kuckn ds iapkV ¼lanHkZ la[;k 37@2008½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 25-03-2015 dks izkIr gqvk FkkA

[lañ ,y&20012@46@2008&vkbZvkj ¼lh,e&I½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 25th March, 2015

S.O. 621.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award Ref. No. 37/2008 of the Cent.

Govt. Indus. Tribunal-cum-Labour Court No. 2, Dhanbad

as shown in the Annexure, in the industrial dispute between

the management of M/s. BCCL and their workmen, received

by the Central Government on 25.03.2015.

[No. L-20012/46/2008-IR(CM-I)]

M.K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL (NO. 2), AT DHANBAD

PRESENT

:

Shri Kishori Ram,

Presiding Officer.

In the matter of an Industrial Dispute under Section

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

REFERENCE NO 37 OF 2008

PARTIES

:

The Secretary,

Bihar Colliery Kamgar Union,

Jharnapara, Hirapur, Dhanbad.

Vs.

The General Manager,

Katras Area of M/s. BCCL, PO: Katras, Dhanbad.

Order No. L-20012/46/2008-IR(CM-I) dt. 28.05.2008.

APPEARANCES:

On behalf of the workman/Union

: Mr. K. Chakraborty

Ld. Advocate

On behalf of the Management

: Mr. D.K. Verma,

Ld. Advocate

State

: Jharkhand

Industry

: Coal

Dated : Dhanbad, the 29th Jan. 2015

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on them under Sec. 10(1)(d)

of the I.D. Act., 1947 has referred the following dispute to

this Tribunal for adjudication vide their Order No. L-20012/

46/2008-IR(CM-I) dt. 28.05.2008.

SCHEDULE

"Whether the action of the Management of West

Mudidih Colliery of M/s. BCCL in not regularizing S/

Sh. Rambali Dusadh, Mukeshwar Oraon and

Meghala Mahato as Driver w.e.f. May, 2000 and as

Dumper Operator/Haul Pack Operator w.e.f. April,

2005 is justified and legal? (ii) To what relief are the

concerned workman entitled and from what date?"

2. Neither the Union Representative for workmen

S/Sh. Rambali Dusadh, Mukehswar Oraon and Meghalal

Mahato appeared nor rejoinder nor any doduments on their

behalf filed despite three registered notices, each issued to

the Secretary of Bihar Colliery Kamgar Union on the address

as noted in the Reference. But Mr. D.K. Verma, Ld. Advocate

for the OP/Management is present as usual.

From the perusal of the case record, it appears that it

has all along been pending for filing a rejoinder and the

documents on behalf of the workmen, for which several

opportunities have been given. The Union Representative

as well as the workmen by their conducts appear to be

uninterested or reluctant in pursuing the case for finality.

The instant reference relates to an issue of non-

regularization of three workmen. Under these circumstances,

the case is closed as 'No Industrial Dispute' existing. Hence;

an order to that effect is passed.

KISHORI RAM, Presiding Officer

ubZ fnYyh] 25 ekpZ] 2015

dk-vk- 622.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

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

kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky;] uñ 2] /kuckn ds iapkV ¼lanHkZ la[;k 80@2000½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 25-03-2015 dks izkIr gqvk FkkA

[lañ ,y&20012@4@2000&vkbZvkj ¼lh,e&I½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 25th March, 2015

S.O. 622.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award Ref. No. 80/2000 of the Cent.

Govt. Indus. Tribunal-cum-Labour No. 2, Dhanbad as

shown in the Annexure, in the industrial dispute between

the managemnet of M/s. CCL and their workmen, received

by the Central Government of 25/03/2015.

[No. L-20012/4/2000-IR(CM-I)]

M.K. SINGH, Section Officer

1458

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL (NO. 2), AT DHANBAD

PRESENT

:

Shri Kishori Ram,

Presiding Officer

In the matter of an Industrial Dispute under Section

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

REFERENCE NO. 80 OF 2000

Parties

:

Omilal Azad

Area Secretary

United Coal Workers' Union

PO & Distt: Giridih

Vs.

General Manager,

Giridih Area of M/s CCL, PO: Beniadih, Distt; Giridih.

Ministry's Order No. L-20012/4/2000-(C-I) dt. 24.07.2000

APPEARANCES:

On behalf of the workman/Union

: None.

On behalf of the Management

: Mr. D.K. Verma

Ld. Adv.

State

: Jharkhand

Industry

: Coal

Dated, Dhanbad: the 8th Jan. 2015

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on them under Sec. 10(1)

(d) of the I.D. Act, 1947 has referred the following dispute

to this Tribunal for adjudication vide their Order No. L-

20012/4/2000(C-I) dt. 24.07.2000.

SCHEDULE

"Whether the action of the Management of Giridih

Area of M/s CCL in not regularizing Sri Gujar Das in Time

Rated job as E.P. Greaser/Helper is justified? If not, to what

relief the concerned workman is entitled and from what

date?"

2. Neither union Representative for the United Coal

Workers Union, Giridih nor workman Gujar Das appeared

nor any witness on his behalf produced. But Mr. D.K.

Verma, the Ld. Advocate for the OP/Management of Giridih

Area of M/s CCL is present.

From the perusal of the case record, it appears that

despite three Regd. Notices which were issued to the

Secretary of the Union concerned on his address has noted

in the reference itself on 12.06.14, 14.07.2008 and 17.11.2014,

none appeared on behalf of the workman nor any witness

produced on his behalf. It has been pending for the

evidence of the workman since 14.06.2006. The Union

Representative as well as the workman by his own conduct

appears to be quite unwilling to contest the case for its

finality.

Under these circumstances, it seems nor longer an

Industrial Dispute existing. Hence, the case is closed as

No Industrial Dispute. Accordingly, it is passed on Order

of 'No Dispute Award'.

KISHORI RAM, Presiding Officer

ubZ fnYyh] 26 ekpZ] 2015

dk-vk- 623.—tcfd eSllZ bZ,lih,u lkW¶Vos;j bafM;k izkbZosV

fyfeVsM] [dksM la[;k Mh,y@19955 ds varZxr fnYyh ¼lkmFk½ {ks=

esa] ¼,rnqijkUr izfr"Bku ds :i esa lanfHkZr½ us deZpkjh Hkfo"; fuf/

k ,oa izdh.kZ mica/k vf/kfu;e] 1952 ¼1952 dk 19½ ¼,rnqijkUr

vf/kfu;e ds :i esa lanfHkZr½ dh /kkjk 17 dh mi&/kkjk ¼1½ ds

[k.M ¼d½ ds varxZr NwV ds fy, vkosnu fd;k gSA

2- vkSj tcfd dsUnzh; ljdkj ds fopkj esa] va'knku dh njksa ds

laca/k esa mDr izfr"Bku ds Hkfo"; fuf/k fu;e mDr vf/kfu;e dh /kkjk

6 esa fofufnZ"V fu;eksa dh rqyuk esa deZpkfj;ksa ds fy, de mi;qDr

ugha gSa vkSj deZpkjh mDr vf/kfu;e vFkok deZpkjh Hkfo"; fuf/k

;kstuk] 1952 ¼,rnqijkUr ;kstuk ds :i esa lanfHkZr½ ds varxZr

ln`'k Lo:i ds fdlh vU; izfr"Bku esa deZpkfj;ksa ds laca/k esa nh

tkus okyh vU; Hkfo"; fuf/k izlqfo/kkvksa dk Hkh ykHk mBk jgs gSaA

3- vr%] vc] dsUnzh; ljdkj] mDr vf/kfu;e dh /kkjk 17 dh

mi /kkjk ¼1½ ds [k.M ¼d½ }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs gq,

vkSj bl vf/klwpuk ds lkFk layXu 'krks± ds v/;/khu] mDr izfr"Bku

dks 01-04-2007 ls vxyh vf/klwpuk rd mDr ;kstuk ds lHkh micaèksa

ds izHkko ls NwV iznku djrh gSA

[lañ ,l&35015@101@2014&,l,l&II]

lqHkk"k dqekj] voj lfpo

vuqca/k

deZpkjh Hkfo"; fuf/k ;kstuk] 1952 ds mica/kksa ls NwV iznku djus

laca/kh 'krs±

1- fu;ksDrk le;&le; ij dsUnzh; ljdkj vFkok dsUnzh; Hkfo";

fuf/k vk;qDr] tSlh Hkh fLFkfr gks] }kjk fn, tkus okys ,sls funs'kksa ds

vuqlkj Hkfo"; fuf/k ds izca/ku gsrq viuh v/;{krk esa ,d U;klh

cksMZ xfBr djsxkA Hkfo"; fuf/k U;klh cksMZ esa fofgr gksxh tks vU;

ckrksa ds lkFk&lkFk deZpkjh Hkfo"; fuf/k laxBu ds izfr Hkfo";

fuf/k esa izkfIr;ksa vkSj mlesa ls Hkqxrku ds mfpr ys[kksa vkSj mudh

vfHkj{kk esa 'ks"k jkf'k ds fy, mÙkjnk;h gksxkA bl iz;kstukFkZ] ^^fu;ksDrk**

ls%—

(i) fdlh izfr"Bku] tks ,d dkj[kkuk gks] mlds laca/k esa] dkj[kkus

dk Lokeh vFkok vf/k"Bkrk vfHkizsr gksxk( vkSj

(ii) fdlh vU; izfr"Bku ds laca/k esa] og O;fDr] vFkok

izkf/kdkjh vfHkizsr gksxk] ftldk ml izfr"Bku ds dkedkt

ij vafre fu;a=.k gksA

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1459

2- U;klh cksMZ gjsd frekgh esa de ls de ,d ckj cSBd djsxk

vkSj og dsUnz ljdkj@dsUnh; Hkfo"; fuf/k vk;qDr ¼lhih,Qlh½

vFkok mlds }kjk izkf/kd`r fdlh vf/kdkjh }kjk le;&le; ij tkjh

fd, tkus okys fn'kkfunsZ'kksa ds vuqlkj dk;Z djsxkA

3- vf/kfu;e dh /kkjk 2¼p½ esa ;Fkk ifjHkkf"kr lHkh deZpkjh]

tks Hkfo"; fuf/k ds lnL; cuus ds ik= jgsa gSa] ;fn izfr"Bku dks NwV

iznku ugha dh gksrh] mUgsa lnL;ksa ds :i esa ukekafdr fd;k tk,xkA

4- tgka dksbZ deZpkjh tks igys gh fdlh vU; NwV&izkIr izfr"Bku

ds fdlh deZpkjh Hkfo"; fuf/k vFkok Hkfo"; fuf/k dk lnL; gks] mls

mlds izfr"Bku esa fu;ksftr fd;k tkrk gS] tks fu;ksDrk mls rRdky

fuf/k ds lnL; ds :i esa ukekafdr djsxkA fu;ksDrk ,sls deZpkjh ds

Hkfo"; fuf/k [kkrs esa mlds igys fu;ksDrk ls lap; jkf'k;ka varfjr

vkSj tek djokus dh Hkh O;oLFkk djsxkA

5- fu;ksDrk Hkfo"; fuf/k dks mlds }kjk vkSj deZpkjh ds }kjk

le;&le; ij vf/kfu;e ds varxZr fu/kkZfjr nj ls ns; va'knku

dks] ftl ekg ds fy, va'knku ns; gksa] mlds ckn ds ekg dh

15 rkjh[k rd U;klh cksMZ dks varfjr djsxkA fu;ksDrk U;klh cksMZ dks

fdUgha ns;ksa ds Hkqxrku esa fdlh foyEc ds fy, vf/kfu;e dh /kkjk 7

ds mica/kksa ds vuqlkj lk/kkj.k C;kt vnk djus dk nk;h gksxkA

6- fu;ksDrk Hkfo"; fuf/k ds iz'kklu ds lHkh O;; ogu djsxk vkSj

pksjh] MdSrh] xcu] nqfoZfu;ksx vFkok fdlh vU; dkj.k ls Hkfo";

fuf/k dks gks ldus okys fdlh ?kkVs dh Hkh HkjikbZ djsxkA

7- U;klh cksMZ }kjk ?kksf"kr C;kt esa fdlh deh dks Hkh fu;ksDrk }kjk

iwjk fd;k tkuk gksxk vkSj mls lkafof/kd lhek rd ykuk gksxkA

8- fu;ksDrk tc dHkh fu;e la'kksf/kr fd, tk,a] leqfpr

izkf/kdkjh }kjk ;Fkk vuqeksfnr] fuf/k ds fu;eksa dh ,d izfr

vf/kla[;d deZpkfj;ksa dh Hkk"kk esa muds vuqokn lfgr izfr"Bku ds

lwpuk iV ij iznf'kZr djsxkA

9- izfr"Bku ds Hkfo"; fuf/k fu;eksa ds varxZr fu/kkZfjr ns; va'knku

dh nj] vfxze dh 'krs± vkSj ek=k rFkk vU; ekeys vkSj lnL; ds

ekfld pkyw 'ks"k ij laxfBr vkSj U;klh cksMZ }kjk ?kksf"kr] izR;sd

lnL; ds [kkrs esa tek fd;k x;k C;kt] vf/kfu;e vkSj mlds varxZr

fufeZr ;kstuk esa fu/kkZfjr fofHkUu mica/kksa ds varxZr dsUnz ljdkj

}kjk ?kksf"kr nj ls de ugha gksxkA

10- ;kstuk esa dksbZ la'kks/ku] tks izfr"Bku ds fo|eku fu;eksa dh

rqyuk esa deZpkfj;ksa ds fy, vf/kd ykHknk;d gks] mls U;kl ds

fu;eksa esa vkSipkfjd la'kks/ku ds yafcr jgrs mu ij Lor% ykxw fd;k

tk,xkA

11- fu;ksDrk }kjk fu;eksa esa dksbZ Hkh la'kks/ku {ks=h; Hkfo"; fuf/k

vk;qDr ds iwoZ vuqeksnu ds fcuk ugha fd;k tk,xkA {ks=h; Hkfo";

fuf/k vk;qDr viuk vuqeksnu nsus ls iwoZ deZpkfj;ksa dks viuk #[k

Li"V djus dk okftc volj nsxkA

12- fudklh] vfxze vkSj varj.k ds lHkh nkos deZpkjh Hkfo";

fuf/k laxBu }kjk fu/kkZfjr vf/kdre le; lhek ds Hkhrj] 'kh?kzrk ls

fuiVk,a tk,axsA

13- U;klh cksMZ izR;sd deZpkjh ds laca/k esa tek fd, x, va'knku]

fudklh vkSj C;kt n'kkZus ds fy, foLrfjr ys[kksa dk j[k&j[kko djsxkA

,sls vfHkys[kksa dk j[k&j[kko vf/kekur% bySDVªksfud :i ls j[kk

tk,xkA izfr"Bku vkof/kd :i ls tc dHkh dsUnzh; Hkfo"; fuf/k

vk;qDr@{ks=h; Hkfo"; fuf/k vk;qDr }kjk funs'k fn;k tk,] lnL;ksa ds

ys[kksa dks bySDVªkWfud :i ls lEizsf"kr djsaxsA

14- U;klh cksMZ o"kZ esa ,d ckj foÙkh;@ys[kk o"kZ ds lekIr gksus ds

N% ekg ds Hkhrj izR;sd deZpkjh dks fu%'kqYd ys[kksa dk okf"kZd

fooj.k vFkok iklcqd tkjh djsxkA tc dHkh lnL; pkgsa] vfrfjDr

fizaVvkWmV ukeek= ds izHkkj ds lkFk miyC/k djk, tk ldrs gSaA

iklcqd ds ekeys esa og deZpkjh ds ikl jgsxh ftls izLrqr fd, tkus

ij U;kfl;ksa }kjk vkof/kd :i ls v|ru fd;k tk,xkA

15- fu;ksDrk lHkh lnL;ksa dks mudh vko';drkuqlkj dEI;wVj

VfeZuyksa ls vius [kkrs esa iM+h 'ks"k jkf'k dks ns[kus ds leFkZ cukus ds

fy, vko';d izko/kku djsaxsA

16- U;klh cksMZ vkSj fu;ksDrk deZpkjh Hkfo"; fuf/k laxBu }kjk

;Fkk fofgr :i esa ;s foojf.k;ka fofufnZ"V le; lhek ds Hkhrj

ekfld@okf"kZd :i ls nk;j djsaxs] ftls u djus ij bls pwd ekuk

tk,xk rFkk U;klh cksMZ vkSj fu;ksDrk la;qDr :i ls vkSj vyx&vyx]

deZpkjh Hkfo"; fuf/k laxBu }kjk dh tkus okyh mi;qDr nkf.Md

dkjZokbZ dh Hkkxh gksaxsA

17- U;klh cksMZ le;&le; ij ljdkj ds funsZ'kksa ds vuqlkj

Hkfo"; fuf/k ds iSls dk fuos'k djsxkA ljdkj ds funsZ'kksa ds vuqlkj

fuos'k djus esa vlQy gksus ij U;klh cksMZ vyx&vyx vkSj la;qDr

:i ls dsUnzh; Hkfo"; fuf/k vk;qDr ;k mlds izfrfuf/k }kjk ;Fkk

vf/kjksfir vf/k'kqYd dk Hkkxh cu tk,xkA

18- ¼d½ izfrHkwfr;ka U;kl ds uke ls izkIr dh tk,axhA bl izdkj

izkIr dh xbZ izfrHkwfr;ka vHkkSfrd ¼MhesV½ :i esa gksuh pkfg, rFkk

U;kl ds dk;Zpkfyr jgus okys {ks=ksa esa visf{kr lqfo/kk ds miyC/k u

gksus dh fLFkfr esa U;klh cksMZ lacaf/kr {ks=h; Hkfo"; fuf/k vk;qDr dks

bldh lwpuk nsaxsA

¼[k½ U;klh cksMZ fyfi&okj jftLVj cuk,xk rFkk C;kt dh le;

ij mxkgh lqfuf'pr djsxkA

¼x½ MhesV [kkrk bl laca/k esa dsUnzh; ljdkj }kjk tkjh vuqns'kksa

ds vuqlkj Hkkjrh; fjtoZ cSad vkSj dsUnzh; ljdkj }kjk vuqeksfnr

fu{ksikxkj izfrHkkfx;ksa ds ek/;e ls [kksyk tk,A

¼?k½ MhesV [kkrs dk [kpZ U;k; }kjk fd, tkus okys fuos'k dk

izklafxd O;; O;; ekuk tk,A izfrHkwfr;ka vkfn dh [kjhn dh nykyh

tSls fuos'kksa ds lHkh izdkj ds [kpks± dks Hkh U;kl }kjk fd, tkus okys

fuos'k dk izklafxd O;; ekuk tk,xkA

1460

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

19- izfrHkwfr;kas vkSj ck.Mksa dh [kjhn tSls ,sls lHkh fuos'k Hkkjrh;

fjtoZ cSad vkSj dsUnzh; ljdkj }kjk vuqeksfnr fu{ksikxkj izfrHkkfx;ksa

dh lqj{kk vfHkj{kk esa ntZ fd, tk,a] tks blds laj{kd gksaxsA LFkkiuk

dh canh ;k ifjlekiu ;k deZpkjh Hkfo"; fuf/k] 1952 ls NwV ij ;g

laj{kd] U;kl ds uke ij izkIr rFkk vius tek esa iM+s fuos'k dks

lacaf/kr {ks=h; Hkfo"; fuf/k vk;qDr ds] bl vk'k; ds] vuqjks/k ij

lacaf/kr {ks=h; Hkfo"; fuf/k vk;qDr dks lh/ks varfjr djsxkA

20- LFkkiuk lacaf/kr {ks=h; Hkfo"; fuf/k vk;qDr dks mu fu{ksikxkj

izfrHkkfx;ksa ¼Hkkjrh; fjtoZ cSad vkSj dsUnzh; ljdkj }kjk vuqeksfnr½

ds fooj.k ls lwfpr djsxh] ftuds ikl rFkk ftudh lqj{kk vfHkj{kk

esa U;kl ds uke ij fd, x, fuos'k vFkkZr izfrHkwfr;ksa] ck.Mksa vkfn esa

fd, x, fuos'k ntZ fd, x, gSaA rFkkfi] U;klh cksMZ ml /kujkf'k dh

mxkgh dj ldrk gS] tks nkoksa ds fuiVku] fu;ekuqlkj vfxzeksa dh

eatwjh vkSj fu;ksDrk dh lsok NksM+us dh fLFkfr esa lnL; ds Hkfo";

fuf/k lap;u ds varj.k vkSj izfrHkwfr;ksa dh fcØh }kjk vU; fdlh

izkfIr;ksa vFkok {ks=h; Hkfo"; fuf/k vk;qDr ds iwoZ vuqeksnu ds

'krkZ/khu fuf/k ds uke esa iM+s vU; fuos'kksa tSls ck/;dkjh O;;ksa dks iwjk

djus ds fy, visf{kr gksaA

21- U;kl }kjk fd, x, fuos'kksa ds fy, fdlh foÙkh; ;k vU;

laLFkkvksa }kjk fn, tkus okys fdlh deh'ku] izksRlkgu] cksul ;k vU;

vkfFkZd ykHk blds [kkrs esa Mkys tk,aA

22- fu;ksDrk vkSj U;klh cksMZ ds lnL; 'krks± dk ikyu djus dh

lgefr nsrs gq, fyf[kr opu nsaxs rFk ;g oSf/kd :i ls fu;ksDrk vkSj

U;klh cksMZ ds mÙkjkf/kdkfj;ksa vkSj leuqnsf'krksa ij muds lkFk&lkFk

ck/;dkjh gksxkA

23- fu;ksDrk vkSj U;klh cksMZ NwV ds jí gksus dh fLFkfr esa lacaf/kr

{ks=h; Hkfo"; fuf/k vk;qDr }kjk fofgr le; lhek ds Hkhrj rRdky

fuf/k;ksa dk varj.k djus dk opu Hkh nsxkA ;g mu ij dkuwuh :i ls

ck/;dkjh gksxk rFkk mUgsa fuf/k;ksa ds varj.k esa dksbZ foyac gksus gh

fLFkfr esa vfHk;kstu dk Hkkxh cuk,xkA

24- ¼d½ U;klh cksMZ }kjk vuqjf{kr Hkfo"; fuf/k [kkrk fdlh

;ksX; Lora= pkVZMZ ys[kkdkj }kjk okf"kZd :i ls ys[kk&ijh{kk djus ds

'krkZ/khu gksxkA tgka Hkh vko';d le>k tk,] ogka deZpkjh Hkfo";

fuf/k laxBu dks vf/kdkj gksxk fd ;g fdlh vU; ;ksX; ys[kk&ijh{kd

}kjk [kkrksa dh ys[kk&ijh{kk djk, rFkk bl izdkj gq, [kpZ fu;ksDrk

}kjk ogu fd, tk,axsA

¼[k½ ys[kk&ijh{kdksa }kjk foÙkh; o"kZ vFkkZr 1 vizSy ls 31 ekpZ

rd dh lekfIr ds ckn Ng eghus ds Hkhrj ys[kk&ijh{khr rqyu&i=

lfgr ys[kk&ijh{kd dh fjiksVZ dh izfr lh/ks bl dk;kZy; esa izLrqr

dh tk,A rqyu&i= dk izk:i vkSj bl fjiksVZ esa izLrqr dh tkus okyh

tkudkjh deZpkjh Hkfo"; fuf/k laxBu }kjk fu/kkZfjr dh tk,xh rFkk

lacaf/kr {ks=h; Hkfo"; fuf/k vk;qDr ds dk;kZy; esa bySDVªkWfud izk:i

ds lkFk gLrk{kfjr izfrfyfi esa miyC/k djkbZ tk,xhA

¼x½ ,d gh ys[kk&ijh{kdksa dks yxkrkj nks o"kZ ds fy, rFkk

vxys foÙkh; o"kZ ds igys fnu ls feyh NwV ls vf/kd ds fy, fu;qDr

u fd;k tk,A

25- yxkrkj rhu foÙkh; o"kks± rd dksbZ gkfu ;k iwath vk/kkj esa

dVkSrh dks vxys foÙkh; o"kZ ds igys fnu ls feyh NwV izkIr gksxhA

26- fu;ksDrk izR;sd ekg dh lekfIr ls 15 fnu ds Hkhrj fujh{k.k

gsrq ,slh lqfo/kkvksa dk izko/kku djsxk rFkk ,sls fujh{k.k izHkkjksa dk

Hkqxrku djsxk tks dsUnzh; ljdkj }kjk vf/kfu;e dh /kkjk 17 ds

mi&[k.M ¼3½ ds [k.M ¼d½ ds varxZr le;&le; ij fn, funsZ'kksa

ds vuqlkj gksaA

27- U;klh cksMZ ;k fu;ksDrk }kjk NwV nsus ds fy, 'krks± ds fdlh

mYya?ku dh fLFkfr esa nh xbZ NwV lacaf/kr O;fDr dks bl laca/k esa

dkj.k crkvks uksfVl tkjh djus ds ckn jí dj nh tk,xhA

28- fdlh Hkh /kks[ks] xcu] xyr fuos'k fu.kZ;ksa vkfn ds QyLo:i

VªLV dks gq, fdlh Hkh uqdlku dh fLFkfr esa fu;ksDrk uqdlku iwjk djus

dk Hkkxh gksxkA

29- fdlh foy;] vfoy; vfHkxzg.k fcØh ,dhdj.k] lgk;d

daiuh dk xBu pkgs iw.kZr% LokfeRo okyh gks ;k ugha bR;kfn ds

QyLo:i ;fn izfr"Bku dh dkuwuh fLFkfr esa dksbZ Hkh cnyko gksrk gS

rks nh xbZ NwV fujLr gksxh ,oa izfr"Bku dks rqjar ubZ NwV nsus ds fy,

ekeys dh fjiksVZ djuh pkfg,A

30- ,d gh Hkfo"; fuf/k VªLV esa ,d ls vf/kd bdkbZ@izfr"Bkuksa ds

Hkkx ysus dh fLFkfr esa Hkkx ysus okyh bdkbZ;ksa ds fdlh Hkh VªLVh@fu;ksDrk

}kjk dksbZ Hkh pwd gksus ij lHkh VªLVh la;qDr :i ls ,oa vyx ls

ftEesnkj@mÙkjnk;h gksaxs vkSj vkjih,Qlh vke Hkfo"; fuf/k VªLV ds

lHkh U;kfl;ksa ds fo#) mi;qDr dkuwuh dkjZokbZ djsxkA

31- NwV izkIr U;kl fuf/k ds vf/kxzg.k ds ekeys esa] varjh; C;kt

ds dkj.k gkfu ds vuqekfur fuoy orZeku ewY; dh olwyh izfr"Bku

ls dh tkuh pkfg,A

32- dsUnz ljdkj izfr"Bku dh NwV dh fujarjrk ds fy, 'krks± dks

c<+k ldrh gS vkSj tc Hkh budks laizsf"kr fd;k tk,xk ;s izfr"Bku bu

vfrfjDr 'krks± dk vuqikyu djus ds fy, ck/; gksaxsA

New Delhi, the 26th March, 2015

S.O. 623.—Whereas M/s. ESPN Software India Pvt.

Limited [under Code No. DL/19955 in Delhi (South) region]

(hereinafter referred to as the establishment) has applied

for exemption under clause (a) of sub-section (1) of Section

17 of the Employees' Provident Funds and Miscellaneous

Provisions Act, 1952 (19 of 1952) (hereinafter referred to as

the Act).

2. And whereas in the opinion of the Central

Government, the rules of the provident fund of the said

establishment with respect to the rate of contribution are

not less favourable to employees therein than those

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1461

specified in section 6 of the said Act and the employees are

also in enjoyment of the other provident fund benefits

provided under the said Act or under the Employees'

Provident Funds Scheme, 1952 (hereinafter referred to as

the Scheme) in relation to the employees in any other

establishment of similar character.

3. Now, therefore, in exercise of the powers conferred

by clause (a) of sub-section (1) of Section 17 of the said

Act and subject to the conditions annexed with this

notification, the Central Government, hereby, exempts the

said establishment from the operation of all the provisions

of the said Scheme with effect from 01-04-2007 until further

notification.

[No. S-35015/101/2014-SS-II]

SUBHASH KUMAR, Under Secy.

ANNEXURE

CONDITIONS FOR GRANT OF EXEMPTION FROM

THE PROVISIONS OF EMPLOYEES PROVIDENT

FUND SCHEME, 1952

1. The employer shall establish a Board of Trustees

under his Chairmanship for the management of the

Provident Fund according to such directions as may be

given by the Central Government or the Central Provident

Fund Commissioner, as the case may be, from time to time.

The provident fund shall vest in the Board of Trustees

who will be responsible for and accountable to the

Employees Provident Funds Organisation, inter alia, for

proper accounts of the receipts into and payment from the

Provident Fund and the balance in their custody. For this

purpose, the "employer" shall mean:—

(i) In relation to an establishment, which is a factory,

the owner or occupier of the factory: and

(ii) In relation to any establishment, the person who,

or the authority, that has the ultimate control over

the affairs of the establishment.

2. The Board of Trustees shall meet at least once in

every three months and shall function in accordance with

the guidelines that may be issued from time to time by the

Central Government/Central Provident Fund Commissioner

(CPFC) or an officer authorized by him.

3. All employees' as defined in section 2(f) of the act,

who have been eligible to become members of the Provident

Fund' had the establishment not been granted exemption,

shall be enrolled as members.

4. Where an employee who is already a member of

Employees' Provident Fund or a Provident Fund of any

other exempted establishment is employed in his

establishment, the employer shall immediately enroll him

as a member of the fund. The employer should also arrange

to have the accumulations in the Provident Fund account

of such employee with his previous employer transferred

and credited into his account.

5. The employer shall transfer to the Board of Trustees

the contributions payable to the Provident Fund by himself

and employees at the rate prescribed under the act from

time to time by the 15th of each month following the month

for which the contributions are payable. The employer shall

be liable to pay simple interest in terms of the provisions of

Section 7Q of the Act for any delay in payment of any dues

towards the Board of Trustees.

6. The employer shall bear all the expenses of the

administration of Provident Fund and also make good any

other loss that may be caused to the Provident Fund due

to theft, burglary, defalcation, misappropriation or any

other reason.

7. Any deficiency in the interest declared by the Board

of Trustees is to be made good by the employer to bring it

up to the statutory limit.

8. The employer shall display on the notice board of

the establishment, a copy of the rules of the funds as

approved by the appropriate authority and as and when

amended thereto along with a translation in the language

of the majority of the employees.

9. The rate of contributions payable, the conditions

and quantum of advances and other matters laid down

under the provident fund rules of the establishment and

the interest credited to the account of each member,

calculated on the monthly running balance of the member

and declared by the Board of Trustees shall not be lower

than those declared by the Central Government under the

various provisions prescribed in the Act and Scheme framed

thereunder.

10. Any amendment to the Scheme, which is more

beneficial to the employees than the existing rules of the

establishment, shall be made applicable to them

automatically pending formal amendment of the Rules of

the Trust.

11. No amendment in the rules shall be made by the

employer without the prior approval of the Regional

Provident Fund Commissioner. The Regional Provident

Fund Commissioner shall before giving his approval give a

reasonable opportunity to the employees to explain their

point of view.

12. All claims for withdrawals, advances and transfers

should be settled expeditiously, within the maximum time

1462

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

frame prescribed by the Employees' Provident Fund

Organisation.

13. The Board of Trustees shall maintain detailed

accounts to show the contributions credited withdrawal

and interest in respect of each employee. The maintenance

of such records should preferably be done electronically.

The establishments should periodically transmit the details

of members' accounts electronically as and when directed

by the Central Provident Commissioner/Regional Provident

Fund Commissioner.

14. The Board of Trustees shall issue an annual

statement of accounts or passbooks to every employee

within six months of the close of financial/accounting year

free of cost once in the year. Additional printouts can be

made available as and when the members want, subject to

nominal charges. In case of passbook, the same shall remain

in custody of employee to be updated periodically by the

Trustees when presented to them.

15. The employer shall make necessary provisions to

enable all the members to be able to see their account

balance from the computer terminals as and when required

by them.

16. The Board of Trustees and the employer shall file

such returns monthly/annually as may be prescribed by

the Employees' Provident Fund Organisation within the

specified time limit, failing which it will be deemed as a

default and the Board of Trustees and employer will jointly

and separately be liable for suitable penal action by the

Employees' Provident Fund Organisation.

17. The Board of Trustees shall invest the monies of

the provident fund as per the directions of the Government

from time to time. Failure to make investments as per

directions of the Government shall make the Board of

Trustees separately and jointly liable to surcharge as may

be imposed by the Central Provident Fund Commissioner

or his representative.

18. (a) The securities shall be obtained in the name of

Trust. The securities so obtained should be in

dematerialized (DEMAT) form and in case the required

facility is not available in the areas where the trust operates

the Board of Trustees shall inform the Regional Provident

Fund Commissioner concerned about the same.

(b) The Board of Trustees shall maintain a script wise

register and ensure timely realization of interest.

(c) The DEMAT Account should be opened through

depository participants approved by Reserve Bank of India

and Central Government in accordance with the

instructions issued by the Central Government in this

regard.

(d) The cost of maintaining DEMAT account should

be treated as incidental cost of investment by the Trust.

Also all types of investments like brokerage for purchase

of securities etc. shall be treated as incidental cost of

investment by the Trust.

19. All such investments made like purchase of

securities and bonds, should be lodged in the safe custody

of depository participants approved by Reserve Bank of

India and Central Government, who shall be the custodian

of the same. On closure of establishment or liquidation or

cancellation of exemption from EPF Scheme, 1952 such

custodian shall transfer the investment obtained in the

name of the Trust and standing in its credit to the Regional

PF Commissioner concerned directly on receipt of request

from the Regional PF Commissioner concerned to that effect.

20. The establishment shall intimate to the Regional

P.F. Commissioner concerned the details of depository

participants (approved by RBI and Central Government),

with whom and in whose safe custody, the investments

made in the name of trust, viz., investments made in

securities, bonds, etc. have been lodged. However, the

Board of Trustees may raise such sum of sums of money

as may be required for meeting obligatory expenses such

as settlement of claims, grant of advances as per rules and

transfer of member's PF accumulations in the event of his/

her leaving service of the employer and any other receipts

by sale of the securities or other investments standing in

the name of the Fund subject to the prior approval of the

Regional PF Commissioner.

21. Any commission, incentive, bonus or other

pecuniary rewards given by any financial or other

institutions for the investments made by the Trust should

be credited to its account.

22. The employer and the members of the Board of

Trustees, shall furnish a written undertaking agreeing to

abide by the conditions and this shall be legally binding

on the employer and the Board of Trustees, including their

successors and assignees.

23. The employer and the the Board of Trustees shall

also give an undertaking to transfer the funds promptly

within the time limit prescribed by the concerned RPFC in

the event of cancellation of relaxation. This shall be legally

binding on them and will make them liable for prosecution

in the event of any delay in the transfer of funds.

24. (a) The account of the Provident Fund maintained

by the Board of Trustees shall be subject to audit by a

qualified independent chartered accountant annually.

Where considered necessary the EPFO shall have the right

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1463

to have the accounts re-audited by any other qualified

auditor and the expenses so incurred shall be borne by the

employer.

(b) A copy of the Auditor's report alongwith the

audited balance sheet should be submitted to this office

by the Auditors directly within six months after the closing

of the financial year from 1st April to 31st March. The

format of the balance sheet and the information to be

furnished in the report shall be prescribed by the

Employees' Provident Fund Organisation and made

available with the RPFC office in electronic format at well

as signed hard copy.

(c) The same auditors should not be appointed for

two consecutive years and not more than the relaxation

withdrawn from the first day of the next succeeding financial

year.

25. Any loss for the three consecutive financial years

or erosion in the capital base shall have the relaxation

withdrawn from the first day of the next succeeding financial

year.

26. The employer shall provide for such facilities for

inspection and pay such inspection charges as the Central

Government may from time to time direct under clause (a)

of sub-section (3) of Section 17 of the Act within 15 days

from the close of every month.

27. In the event of any violation of the conditions for

grant of relaxation, by the employer or the Board of

Trustees, the relaxation granted shall be cancelled after

issuing a show-cause notice in this regard to the concerned

persons.

28. In the event of any loss to the trust as a result of

any fraud, defalcation, wrong investment decisions etc.

the employer shall be liable to make good the loss.

29. In case of any change of legal status of the

establishment as a result of merger, de-merger, acquisition,

sale, amalgamation, formation of a subsidiary, whether

wholly owned or not etc., the relaxation granted shall stand

revoked and the establishment should promptly report the

matter for grant of fresh relaxation.

30. In case there are more than one unit/establishment

participating in the common Provident Fund Trust, all the

trustees shall be jointly and separately liable/responsible

for any default committed by any of the trustees/employer

of any of the participating units and the RPFC shall take

suitable legal action against all the trustees of the common

Provident Fund Trust.

31. In case of takeover of the exempted Trust Fund,

estimated net present value of the loss of differential interest

should be recovered from the establishment.

32. The Central Government may lay down further

conditions for continuation of exemption of the

establishment and the establishment shall be bound to

comply with these additional conditions as and when the

same are communicated.

ubZ fnYyh] 26 ekpZ] 2015

dk-vk- 624.—dsUnzh; ljdkj] deZpkjh Hkfo";&fuf/k vkSj

izdh.kZ mica/k vf/kfu;e] 1952 ¼1952 dk 19½ dh /kkjk 14dx

}kjk iznÙk 'kfDr;ksa dk iz;ksx djrs gq, vkSj bl laca/k eas tkjh dh xbZ

vf/klwpuk lañ dkñvkñ 2874] rkjh[k 08-10-2008 dks vf/kØkar djrs

gq,] Øe'k% mu lHkh izknsf'kd Hkfo";&fuf/k vk;qDrksa dks] ftlds {ks=

es LFkkiu ;k mldk eq[; dk;kZy; vkrk gS] iwoksZDr /kkjk ds mica/kksa

ds v/khu dsUnzh; Hkfo";&fuf/k vk;qDr esa fufgRr 'kfDr;ksa dk] iz;ksx

djus ds fy, Hkh izkf/kd`r djrh gSA

vuqlwph

1- jk"Vªh; jkt/kkuh jkT;{ks=] fnYyhA

2- vka/kz izns'k jkT; rFkk iqMqpsjh la?k jkT;{ks= dk ;ue {ks=A

3- vle] v#.kkpy izns'k] ukxky®M] ef.kiqj] es?kky;] fetksje

vkSj f=iqjk jkT;A

4- fcgkj jkT;A

5- NÙkhlx<+ jkT;A

6- xksok jkT;A

7- xqtjkr jkT;] ne.k vkSj }hi rFkk nknjk vkSj ukxj gosyh

la?k jkT;{ks=A

8- gfj;k.kk jkT;A

9- fgekpy izns'k jkT;A

10- >kj[kaM jkT;A

11- dukZVd jkT;A

12- dsjy jkT;] y{k}hi dk la?k jkT;{ks= rFkk iqMqpsjh la?k jkT;{ks=

dk ekgs {ks=A

13- e/; izns'k jkT;A

14- egkjk"Vª jkT;A

15- vksfM'kk jkT;A

16- iatkc jkT; rFkk paMhx<+ la?k jkT;{ks=A

17- jktLFkku jkT;A

18- rfeyukMq jkT; rFkk iqMqpsjh la?k jkT;{ks= ds ekgs vkSj ;ue

{ks= ds flok;A

19- mÙkjk[kaM jkT;A

20- mÙkj izns'kA

21- if'peh caxky jkT; ,oa vaMeku vkSj fudksckj }hi lewg

la?k jkT;{ks= rFkk flfDde jkT;A

22- rsyaxkuk jkT; ¼02-06-2014 dks izHkkoh½A

[lañ ,l&35012@02@2008&,l,l&II]

lqHkk"k dqekj] voj lfpo

1464

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

New Delhi, the 26th March, 2015

S.O. 624.—In exercise of powers conferred by section

14 AC of the Employees' Provident Funds and

Miscellaneous Provisions Act, 1952 (19 of 1952) and in

supersession of notification no. S.O. 2874 dated 08.10.2008

issued in this regard, the Central Government hereby

authorizes that the powers vested in the Central Provident

Fund Commissioner under the provisions of the above

said section shall also be exercisable within each of the

regions specified in the Schedule by the respective Regional

Providents Fund Commissioners in whose region the

establishment is covered or has its Head Office.

SCHEDULE

1.

The National Capital Territory of Delhi.

2.

The State of Andhra Pradesh and the Yanam area of

the Union Territory of Puducherry.

3.

The States of Assam, Arunachal Pradesh, Nagaland,

Manipur, Meghalaya, Mizoram and Tripura.

4.

The State of Bihar.

5.

The State of Chhattisgarh.

6.

The State of Goa.

7.

The State of Gujarat, the Union Territory of Daman

and Diu and Dadra and Nagar Haveli.

8.

The State of Haryana.

9.

The State of Himachal Pradesh.

10.

The State of Jharkhand.

11.

The State of Karnataka.

12.

The State of Kerala, the Union Territory of

Lakshadweep and the Mahe area of the Union

Territory of Puducherry.

13.

The State of Madhya Pradesh.

14.

The State of Maharashtra.

15.

The State of Odisha.

16.

The State of Punjab and Union Territory of

Chandigarh.

17.

The State of Rajasthan.

18.

The State of Tamil Nadu and the Union Territory of

Puducherry except the Mahe and Yanam area of the

Union Territory.

19.

The State of Uttarakhand.

20.

The State of Uttar Pradesh.

21.

The State of West Bengal and Union Territory of

Andaman and Nicobar Island and the State of Sikkim.

22.

The State of Telangana (w.e.f. 02.06.2014)

[No. S-35012/03/2008-S.S. II]

SUBHASH KUMAR, Under Secy.

ubZ fnYyh] 26 ekpZ] 2015

dk-vk- 625.—tcfd eSllZ VkVk ekdksZiksyks eksVlZ fyfeVsM

[dksM la[;k ;wñihñ@43067@ds varxZr y[kuÅ mi&{ks=h; dk;kZy;

esa] ¼,rnqijkUr izfr"Bku ds :i esa lanfHkZr½ us deZpkjh Hkfo"; fufè

,oa izdh.kZ micaè vfèfu;e] 1952 ¼1952 dk 19½ ¼,rnqijkUr

vfèfu;e ds :i esa lanfHkZr½ dh èkjk 17 dh mi&èkjk ¼1½ ds

[k.M ¼d½ ds varxZr NwV ds fy, vkosnu fd;k gSA

2- vkSj tcfd dsUnzh; ljdkj ds fopkj esa] va'knku dh njksa ds

lacaè esa mDr izfr"Bku ds Hkfo"; fufè fu;e mDr vfèfu;e dh èkjk

6 esa fofufnZ"V fu;eksa dh rqyuk esa deZpkfj;ksa ds fy, de mi;qDr

ugha gS vkSj deZpkjh mDr vfèfu;e vFkok deZpkjh Hkfo"; fufè

;kstuk] 1952 ¼,rnqijkar ;kstuk ds :i esa lanfHkZr½ ds varxZr

ln`'k Lo:i ds fdlh vU; izfr"Bku esa deZpkfj;ksa ds lacaè esa nh

tkus okyh vU; Hkfo"; fufè izlqfoèkvksa dk Hkh ykHk mBk jgs g®A

3- vr%] vc dsUnzh; ljdkj] mDr vfèfu;e dh èkjk 17 dh

mi&èkjk ¼1½ ds [k.M ¼d½ }kjk iznÙk 'kfDr;ksa dks iz;ksx djrs gq,

vkSj bl vfèlwpuk ds lkFk layXu 'krks± ds v/;èhu] mDr izfr"Bku

dks bl vfèlwpuk dh rkjh[k ls vxyh vfèlwpuk rd mDr ;kstuk

ds lHkh micaèksa ds izHkko ls NwV iznku djrh gSA

[lañ ,l&35015@114@2014&,l,l&II]

lqHkk"k dqekj] voj lfpo

vuqcaè

deZpkjh Hkfo"; fufè ;kstuk] 1952 ds micaèksa ls NwV iznku djus

lacaèh 'krs±

1- fu;ksDrk le;&le; ij dsUnzh; ljdkj vFkok dsUnzh; Hkfo";

fufè vk;qDr] tSlh Hkh fLFkfr gks] }kjk fn, tkus okys ,sls funs'kksa ds

vuqlkj Hkfo"; fufè ds izcaèu gsrq viuh v/;{krk esa ,d U;klh

cksMZ xfBr djsxkA Hkfo"; fufè U;klh cksMZ esa fofgr gksxh tks vU;

ckrksa ds lkFk&lkFk deZpkjh Hkfo"; fufè laxBu ds izfr Hkfo"; fufè

esa izkfIr;ksa vkSj mlesa ls Hkqxrku ds mfpr ys[kksa vkSj mudh vfHkj{kk

esa 'ks"k jkf'k ds fy, mÙkjnk;h gksxkA bl iz;kstukFkZ] ^^fu;ksDrk** ls%µ

¼i½ fdlh izfr"Bku] tks ,d dkj[kkuk gks] mlds lacaè esa]

dkj[kkus dk Lokeh vFkok vfè"Bkrk vfHkizsr gksxk( vkSj

¼ii½ fdlh vU; izfr"Bku ds lacaè esa] og O;fDr] vFkok

izkfèdkjh vfHkizsr gksxk] ftldk ml izfr"Bku ds dkedkt

ij vafre fu;a=.k gksA

2- U;klh cksMZ gjsd frekgh esa de ls de ,d ckj cSBd djsxk

vkSj og dsUnz ljdkj@dsUnzh; Hkfo"; fufè vk;qDr ¼lhih,Qlh½

vFkok mlds }kjk izkfèd`r fdlh vfèdkjh }kjk le; le; ij tkjh

fd, tkus okys fn'kkfunsZ'kksa ds vuqlkj dk;Z djsxkA

3- vfèfu;e dh èkjk 2¼p½ esa ;Fkk ifjHkkf'kr lHkh deZpkjh]

tks Hkfo"; fufè ds lnL; cuus ds ik= jgsa g®] ;fn izfr"Bku dks NwV

iznku ugha dh gksrh] mUgsa lnL;ksa ds :i esa ukekafdr fd;k tk,xkA

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1465

4- tgka dksbZ deZpkjh tks igys gh fdlh vU; NwV&izkIr izfr"Bku

ds fdlh deZpkjh Hkfo"; fufè vFkok Hkfo"; fufè dk lnL; gks] mls

mlds izfr"Bku esa fu;ksftr fd;k tkrk gS] rks fu;ksDrk mls rRdky

fufè ds lnL; ds :i esa ukekafdr djsxkA fu;ksDr ,sls deZpkjh ds

Hkfo"; fufè [kkrs esa mlds igys fu;ksDrk ls lap; jkf'k;ka varfjr

vkSj tek djokus dh Hkh O;oLFkk djsxkA

5- fu;ksDrk Hkfo"; fufè dks mlds }kjk vkSj deZpkjh ds }kjk

le;&le; ij vfèfu;e ds varxZr fuèkZfjr nj ls ns; va'knku

dks] ftl ekg ds fy, va'knku ns; gksa mlds ckn ds ekg dh

15 rkjh[k rd U;klh cksMZ dks varfjr djsxkA fu;ksDrk U;klh cksMZ dks

fdUgha ns;ksa ds Hkqxrku esa fdlh foyEc ds fy, vfèfu;e dh

èkjk 7Fk ds micaèksa ds vuqlkj lkèkj.k C;kt vnk djus dk nk;h

gksxkA

6- fu;ksDrk Hkfo"; fufè ds iz'kklu ds lHkh O;; ogu djsxk

vkSj pksjh] MdSrh] xcu] nqfoZfu;ksx vFkok fdlh vU; dkj.k ls

Hkfo"; fufè dks gks ldus okys fdlh ?kkVs dh Hkh HkjikbZ djsxkA

7- U;klh cksMZ }kjk ?kksf"kr C;kt esa fdlh deh dks Hkh fu;ksDrk

}kjk iwjk fd;k tkuk gksxk vkSj mls lkafofèd lhek rd ykuk gksxkA

8- fu;ksDrk tc dHkh fu;e la'kksfèr fd, tk,a] leqfpr

izkfèdkjh }kjk ;Fkk&vuqeksfnr] fufè ds fu;eksa dh ,d izfr

vfèla[;d deZpkfj;ksa dh Hkk"kk esa muds vuqokn lfgr izfr"Bku ds

lwpuk iV ij iznf'kZr djsxkA

9- izfr"Bku ds Hkfo"; fufè fu;eksa ds varxZr fuèkZfjr ns;

va'knku dh nj] vfxze dh 'krs± vkSj ek=k rFkk vU; ekeys vkSj

lnL; ds ekfld pkyw 'ks"k ij laxf.kr vkSj U;klh cksMZ }kjk ?kksf"kr]

izR;sd lnL; ds [kkrs esa tek fd;k x;k C;kt] vfèfu;e vkSj mlds

varxZr fufeZr ;kstuk esa fuèkZfjr fofHkUu micaèksa ds varxZr dsUnz

ljdkj }kjk ?kksf"kr nj ls de ugha gksxkA

10- ;kstuk esa dksbZ la'kksèu] tks izfr"Bku ds fon~;eku fu;eksa

dh rqyuk esa deZpkfj;ksa ds fy, vfèd ykHknk;d gks] mls U;kl ds

fu;eksa esa vkSipkfjd la'kksèu ds yafcr jgrs mu ij Lor% ykxw fd;k

tk,xkA

11- fu;ksDrk }kjk fu;eksa esa dksbZ Hkh la'kksèu {ks=h; Hkfo"; fufè

vk;qDr ds iwoZ vuqeksnu ds fcuk ugha fd;k tk,xkA {ks=h; Hkfo";

fufè vk;qDr viuk vuqeksnu nsus ls iwoZ deZpkfj;ksa dks viuk :[k

Li"V djus dk okftc volj nsxkA

12- fudklh] vfxze vkSj varj.k ds lHkh nkos deZpkjh Hkfo";

fufè laxBu }kjk fuèkZfjr vfèdre le; lhek ds Hkhrj] 'kh?kzrk ls

fuiVk, tk,axsA

13- U;klh cksMZ izR;sd deZpkjh ds lacaè esa tek fd, x,

va'knku] fudklh vkSj C;kt n'kkZus ds fy, foLrfjr ys[kksa dk j[k&j[kko

djsxkA ,sls vfHkys[kksa dk j[k&j[kko vfèekur% bySDVªksfud :i ls

j[kk tk,xkA izfr"Bku vkofèd :i ls tc dHkh dsUnzh; Hkfo"; fufè

vk;qDr@{ks=h; Hkfo"; fufè vk;qDr }kjk funs'k fn;k tk,] lnL;ksa ds

ys[kksa dks bySDVªkWfud :i ls lEizsf"kr djsaxsA

14- U;klh cksMZ o"kZ esa ,d ckj foÙkh;@ys[kk o"kZ ds lekIr gksus

ds N% ekg ds Hkhrj izR;sd deZpkjh dks fu%'kqYd ys[kksa dk okf"kZd

fooj.k vFkok iklcqd tkjh djsxkA tc dHkh lnL; pkgsa] vfrfjDr

¯izVvkWmV ukeek= ds izHkkj ds lkFk miyCè djk, tk ldrs g®A

iklcqd ds ekeys esa og deZpkjh ds ikl jgsxh ftls izLrqr fd, tkus

ij U;kfl;ksa }kjk vkofèd :i ls vn~;ru fd;k tk,XkkA

15- fu;ksDrk lHkh lnL;ksa dks mudh vko';drkuqlkj dEI;wVj

VfeZuyksa ls vius [kkrs esa iM+h 'ks"k jkf'k dks ns[kus ds leFkZ cukus ds

fy, vko';d izkoèku djsaxsA

16- U;klh cksMZ vkSj fu;ksDrk deZpkjh Hkfo"; fufè laxBu }kjk

;Fkk&fofgr :i esa ;s foojf.k;ka fofufnZ"V le;&lhek ds Hkhrj

ekfld@okf"kZd :i ls nk;j djsaxs] ftls u djus ij bls pwd ekuk

tk,xk rFkk U;klh cksMZ vkSj fu;ksDrk la;qDr :i ls vkSj vyx&vyx]

deZpkjh Hkfo"; fufè laxBu }kjk dh tkus okyh mi;qDr nkf.Md

dkjZokbZ ds Hkkxh gksaxsA

17- U;klh cksMZ le;&le; ij ljdkj ds funsZ'kksa ds vuqlkj

Hkfo"; fufè ds iSls dk fuos'k djsxkA ljdkj ds funsZ'kksa ds vuqlkj

fuos'k djus esa vlQy gksus ij U;klh cksMZ vyx&vyx vkSj la;qDr

:i ls dsUnzh; Hkfo"; fufè vk;qDr ;k mlds izfrfufè }kjk ;Fkk&

vfèjksfir vfè'kqYd dk Hkkxh cu tk,xkA

18- ¼d½ izfrHkwfr;ka U;kl ds uke ls izkIr dh tk,axhA bl

izdkj izkIr dh xbZ izfrHkwfr;ka vHkkSfrd ¼MhesV½ :i esa gksus pkfg,

rFkk U;kl ds dk;Zpkfyr jgus okys {ks=ksa esa visf{kr lqfoèk ds miyCè

u gksus dh fLFkfr esa U;klh cksMZ lacafèr {ks=h; Hkfo"; fufè vk;qDr

dks bldh lwpuk nsaxsA

¼[k½ U;klh cksMZ fyfi&okj jftLVj cuk,xk rFkk C;kt dh

le; ij mxkgh lqfuf'pr djsxkA

¼x½ MhesV [kkrk bl lacaè esa dsUnzh; ljdkj }kjk tkjh vuqns'kksa

ds vuqlkj Hkkjrh; fjtoZ c®d vkSj dsUnzh; ljdkj }kjk vuqeksfnr

fu{ksikxkj izfrHkkfx;ksa ds ek/;e ls [kksyk tk,A

¼?k½ MhesV [kkrs dk [kpZ U;kl }kjk fd, tkus okys fuos'k dk

izklafxd O;; ekuk tk,A izfrHkwfr;ksa vkfn dh [kjhn dh nykyh tSls

fuos'kksa ds lHkh izdkj ds [kpks± dks Hkh U;kl }kjk fd, tkus okys fuos'k

dk izklafxd O;; ekuk tk,xkA

19- izfrHkwfr;ksa vkSj ck.Mksa dh [kjhn tSls ,sls lHkh fuos'k Hkkjrh;

fjtoZ c®d vkSj dsUnzh; ljdkj }kjk vuqeksfnr fu{ksikxkj izfrHkkfx;ksa

dh lqj{kk vfHkj{kk esa ntZ fd, tk,a] tks blds laj{kd gksaxsA LFkkiuk

dh canh ;k ifjlekiu ;k deZpkjh Hkfo"; fufè] 1952 ls NwV ij ;g

laj{kd] U;kl ds uke ij izkIr rFkk vius tek esa iM+s fuos'k dks

lacafèr {ks=h; Hkfo"; fufè vk;qDr ds] bl vk'k; ds vuqjksè ij

lacafèr {ks=h; Hkfo"; fufè vk;qDr dks lhès varfjr djsxkA

1466

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

20- LFkkiuk lacafèr {ks=h; Hkfo"; fufè vk;qDr dks mu fu{ksikxkj

izfrHkkfx;ksa ¼Hkkjrh; fjtoZ c®d vkSj dsUnzh; ljdkj }kjk vuqeksfnr½

ds fooj.k ls lwfpr djsxh] ftuds ikl rFkk ftudh lqj{kk vfHkj{kk

esa U;kl ds uke ij fd, x, fuos'k vFkkZr izfrHkwfr;ksa] ck.Mksa vkfn esa

fd, x, fuos'k ntZ fd, x, g®A rFkkfi] U;klh cksMZ ml èujkf'k dh

mxkgh dj ldrk gS] tks nkoksa ds fuiVku] fu;ekuqlkj vfxzeksa dh

eatwjh vkSj fu;ksDrk dh lsok NksM+us dh fLFkfr esa lnL; ds Hkfo";

fufè lap;u ds varj.k vkSj izfrHkwfr;ksa dh fcØh }kjk vU; fdlh

izkfIr;ksa vFkok {ks=h; Hkfo"; fufè vk;qDr ds iwoZ vuqeksnu ds 'krkZèhu

fufè ds uke esa iM+s vU; fuos'kksa tSls ck/;dkjh O;;ksa dks iwjk djus ds

fy, visf{kr gksaA

21- U;kl }kjk fd, x, fuos'kksa ds fy, fdlh foÙkh; ;k vU;

laLFkkvksa }kjk fn, tkus okys fdlh deh'ku] izksRlkgu] cksul ;k vU;

vkfFkZd ykHk blds [kkrs esa Mkys tk,aA

22- fu;ksDrk vkSj U;klh cksMZ ds lnL; 'krks± dk ikyu djus dh

lgefr nsrs gq, fyf[kr opu nsaxs rFkk ;g oSfèd :i ls fu;ksDrk vkSj

U;klh cksMZ ds mÙkjkfèdkfj;ksa vkSj leuqnsf'krksa ij muds lkFk&lkFk

ck/;dkjh gksxkA

23- fu;ksDrk vkSj U;klh cksMZ NwV ds jí gksus ds fLFkfr esa lacafèr

{ks=h; Hkfo"; fufè vk;qDr }kjk fofgr le;&lhek ds Hkhrj rRdky

fufè;ksa dk varj.k djus dk opu Hkh nsxkA ;g mu ij dkuwuh :i ls

ck/;dkjh gksxk rFkk mUgsa fufè;ksa ds varj.k esa dksbZ foyac gksus dh

fLFkfr esa vfHk;kstu dk Hkkxh cuk,xkA

24- ¼d½ U;klh cksMZ }kjk vuqjf{kr Hkfo"; fufè [kkrk fdlh

;ksX; Lora= pkVZMZ ys[kkdkj }kjk okf"kZd :i ls ys[kk&ijh{kk djus ds

'krkZèhu gksxkA tgka Hkh vko';d le>k tk,] ogka deZpkjh Hkfo";

fufè laxBu dks vfèdkj gksxk fd ;g fdlh vU; ;ksX; ys[kk&ijh{kd

}kjk [kkrksa dh ys[kk&ijh{kk djk, rFkk bl izdkj gq, [kpZ fu;ksDrk

}kjk ogu fd, tk,axsA

¼[k½ ys[kk&ijh{kdksa }kjk foÙkh; o"kZ vFkkZr 1 vizSy ls 31 ekpZ

rd dh lekfIr ds ckn Ng eghus ds Hkhrj ys[kk&ijh{khr rqyu&i=

lfgr ys[kk&ijh{kd dh fjiksVZ dh izfr lhès bl dk;kZy; esa izLrqr

dh tk,A rqyu&i= dk izk:i vkSj bl fjiksVZ esa izLrqr dh tkus okyh

tkudkjh deZpkjh Hkfo"; fufè laxBu }kjk fuèkZfjr dh tk,xh rFkk

lacafèr {ks=h; Hkfo"; fufè vk;qDr ds dk;kZy; esa bySDVªkWfud izk:i

ds lkFk gLrk{kfjr izfrfyfi esa miyCè djkbZ tk,xhA

¼x½ ,d gh ys[kk&ijh{kdksa dks yxkrkj nks o"kZ ds fy, rFkk

vxys foÙkh; o"kZ ds igys fnu ls feyh NwV ls vfèd ds fy, fu;qDr

u fd;k tk,A

25- yxkrkj rhu foÙkh; o"kks± rd dksbZ gkfu ;k iwath vkèkj esa

dVkSrh dks vxys foÙkh; o"kZ ds igys fnu ls feyh NwV izkIr gksxhA

26- fu;ksDrk izR;sd ekg dh lekfIr ls 15 fnu ds Hkhrj fujh{k.k

gsrq ,slh lqfoèkvksa dk izkoèku djsxk rFkk ,sls fujh{k.k izHkkjksa dk

Hkqxrku djsxk tks dsUnzh; ljdkj }kjk vfèfu;e dh èkjk 17 ds

mi&[k.M ¼3½ ds [k.M ¼d½ ds varxZr le;&le; ij fn, funsZ'kksa

ds vuqlkj gksaA

27- U;klh cksMZ ;k fu;ksDr }kjk NwV nsus ds fy, 'krks± ds fdlh

mYya?ku dh fLFkfr esa nh xbZ NwV lacafèr O;fDr dks bl lacaè esa

dkj.k crkvks uksfVl tkjh djus ds ckn jí dj nh tk,xhA

28- fdlh Hkh èks[ks] xcu] xyr fuos'k fu.kZ;ksa vkfn ds QyLo:i

VªLV dks gq, fdlh Hkh uqdlku dh fLFkfr esa fu;ksDrk uqdlku iwjk djus

dk Hkkxh gksxkA

29- fdlh foy;] vfoy;] vfHkxzg.k] fcØh] ,dhdj.k] lgk;d

daiuh dk xBu pkgs iw.kZr% LokfeRo okyh gks ;k ugha bR;kfn ds

QyLo:i ;fn izfr"Bku dh dkuwuh fLFkfr esa dksbZ Hkh cnyko gksrk gS

rks nh xbZ NwV fujLr gksxh ,oa izfr"Bku dks rqjar ubZ NwV nsus ds fy,

ekeys dh fjiksVZ djuh pkfg,A

30- ,d gh Hkfo"; fufè VªLV esa ,d ls vfèd bdkbZ@izfr"Bkuksa

ds Hkkx ysus dh fLFkfr esa Hkkx ysus okyh bdkbZ;ksa ds fdlh lh

VªLVh@fu;ksDrk }kjk dksbZ Hkh pwd gksus ij lHkh VªLVh la;qDr :i ls ,oa

vyx ls ftEesnkj@mÙkjnk;h gksaxs vkSj vkjih,Qlh vke Hkfo"; fufè

VªLV ds lHkh U;kfl;ksa ds fo#) mi;qDr dkuwuh dkjZokbZ djsxkA

31- NwV izkIr U;kl fufè ds vfèxzg.k ds ekeys esa] varjh;

C;kt ds dkj.k gkfu ds vuqekfur fuoy orZeku ewY; dh olwyh

izfr"Bku ls dh tkuh pkfg,A

32- dsUnz ljdkj izfr"Bku dh NwV dh fujarjrk ds fy, 'krks± dks

c<+k ldrh gS vkSj tc Hkh budks laizsf"kr fd;k tk,xk ;s izfr"Bku bu

vfrfjDr 'krks± dk vuqikyu djus ds fy, ck/; gksaxsA

New Delhi, the 26th March, 2015

S.O. 625.—Whereas M/s. Tata Marcopolo Motors

Limited [under Code No. UP/43067 in Sub-Regional Office,

Lucknow] (hereinafter referred to as the establishment) has

applied for exemption under clause (a) of sub-section (1) of

section 17 of the Employee's Provident Funds and

Miscellaneous Provisions Act, 1952 (19 of 1952) (hereinafter

referred to as the Act).

2. And whereas in the opinion of the Central

Government, the rules of the provident fund of the said

establishment with respect to the rates of contribution are

not less favourable to employees therein than those

specified in section 6 of the said Act and the employees are

also in enjoyment of other provident fund benefits provided

under the said Act or under the Employees' Provident Funds

Scheme, 1952 (hereinafter referred to as the Scheme) in

relation to the employees in any other establishment of

similar charactor.

3. Now, therefore, in exercise of the powers conferred

by clause (a) of sub-section (1) of section 17 of the said

Act and subject to the conditions annexed with this

notification, the Central Government, hereby, exempts the

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1467

said establishment from the operation of all the provisions

of the said Scheme with effect from the date of notification

until further notification.

[No. S-35015/114/2014-SS-II]

SUBHASH KUMAR, Under Secy.

ANNEXURE

CONDITIONS FOR GRANT OF EXEMPTION FROM

THE PROVISIONS OF EMPLOYEES PROVIDENT

FUND SCHEME, 1952

1. The employer shall establish a Board of Trustees

under his Chairmanship for the management of the

Provident Fund according to such directions as may be

given by the Central Government or the Central Provident

Fund Commissioner, as the case may be, from time-to-time.

The provident fund shall vest in the Board of Trustees

who will be responsible for and accountable to the

Employees' Provident Funds Organisation, inter alia, for

proper accounts of the receipts into and payment from the

Provident Fund and the balance in their custody. For this

purpose, the "employer" shall mean:—

(i) In relation to an establishment, which is a factory,

the owner or occupier of the factory: and

(ii) In relation to any other establishment, the person

who, or the authority, that has the ultimate control

over the affairs of the establishment.

2. The Board of Trustees shall meet at least once in

every three months and shall function in accordance with

the guidelines that may be issued from time to time by the

Central Government/Central Provident Fund Commissioner

(CPFC) or an officer authorized by him.

3. All employees' as defined in section 2(f) of the act,

who have been eligible to become members of the Provident

Fund' had the establishment not been granted exemption,

shall be enrolled as members.

4. Where an employee who is already a member of

Employees' Provident fund or a Provident Fund of any

other exempted establishment is employed in his

establishment, the employer shall immediately enroll him

as a member of the fund. The employer should also arrange

to have the accumulations in the Provident Fund account

of such employee with his previous employer transferred

and credited into his account.

5. The employer shall transfer to the Board of Trustees

the contributions payable to the Provident Fund by himself

and employees at the rate prescribed under the act from

time-to-time by the 15th of each month following the month

for which the contributions are payable. The employer shall

be liable to pay simple interest in terms of the provisions of

Section 7Q of the Act for any delay in payment of any dues

towards the Board of Trustees.

6. The employer shall bear all the expenses of the

administration of Provident Fund and also make good any

other loss that may be caused to the Provident Fund due

to theft, burglary, defalcation, misappropriation or any

other reason.

7. Any deficiency in the interest declared by the Board

of Trustees is to be made good by the employer to bring it

up to the statutory limit.

8. The employer shall display on the notice board of

the establishment, a copy of the rules of the funds as

approved by the appropriate authority and as and when

amended thereto along with a translation in the language

of the majority of the employees.

9. The rate of contributions payable, the conditions

and quantum of advances and other matters laid down

under the provident fund rules of the establishment and

the interest credited to the account of each member,

calculated on the monthly running balance of the member

and declared by the Board of Trustees shall not be lower

than those declared by the Cental Government under the

various provisions prescribed in the Act and Scheme framed

thereunder.

10. Any amendment to the Scheme, which is more

beneficial to the employees than the existing rules of the

establishment, shall be made applicable to them

automatically pending formal amendment of the Rules of

the Trust.

11. No amendment in the rules shall be made by the

employer without the prior approval of the Regional

Provident Fund Commissioner. The Regional Provident

Fund Commissioner shall before giving his approval give a

reasonable opportunity to the employees to explain their

point of view.

12. All claims for withdrawals, advances and transfers

should be settled expeditiously, within the maximum time

frame prescribed by the Employees' Provident Fund

Organisation.

13. The Board of Trustees shall maintain detailed

accounts to show the contributions credited withdrawal

and interest in respect of each employee. The maintenance

of such records should preferably be done

electronically.The establishments should periodically

transmit the details of members' accounts electronically as

and when directed by the Central Provident Commissioner/

Regional Provident Fund Commissioner.

14. The Board of Trustees shall issue an annual

statement of accounts or pass books to every employee

with six months of the close of financial/accounting year

free of cost once in the year. Additional printouts can be

made available as and when the members want, subject to

nominal charges. In case of passbook, the same shall remain

in custody of employee to be updated periodically by the

Trustees when presented to them.

1468

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

15. The employer shall make necessary provisions to

enable all the members to be able to see their account

balance from the computer terminals as and when required

by them.

16. The Board of trustees and the employer shall file

such returns monthly/annually as may be prescribed by

the Employees' Provident Fund Organisation within the

specified time limit, failing which it will be deemed as a

default and the Board of Trustees and employer will jointly

and separately be liable for suitable penal action by the

Employees' Provident Fund Organisation.

17. The Board of Trustees shall invest the monies of

the provident fund as per the directions of the Government

from time to time. Failure to make investments as per

directions of the Government shall make the Board of

Trustees separately and jointly liable to surcharge as may

be imposed by the Central Provident Fund Commissioner

or his representative.

18. (a) The securities shall be obtained in the name of

Trust. The securities so obtained should be in

dematerialized (DEMAT) form and in case the required

facility is not available in the areas where the trust operates

the Board of Trustees shall inform the Regional Provident

Fund Commissioner concerned about the same.

(b) The Board of Trustees shall maintain a script wise

register and ensure timely realization of interest.

(c) The DEMAT Account should be opened through

depository participants approved by Reserve Bank of India

and Central Government in accordance with the

instructions issued by the Central Government in this

regard.

(d) The cost of maintaining DEMAT account should

be treated as incidental cost of investment by the Trust.

Also all types of cost of investments like brokerage for

purchase of securities etc. shall be treated as incidental

cost of investment by the Trust.

19. All such investments made like purchase of

securities and bonds, should be lodged in the safe custody

of depository participants approved by Reserve Bank of

India and Central Government, who shall be the custodian

of the same. On closure of establishment or liquidation or

cancellation of exemption from EPF Scheme, 1952 such

custodian shall transfer the investment obtained in the

name of the Trust and standing in its credit to the Regional

PF Commissioner concerned directly on receipt of request

from the Regional PF Commissioner concerned to that effect.

20. The establishment shall intimate to the Regional

P.F. Commissioner concerned the details of depository

participants (approved by RBI and Central Government),

with whom and in whose safe custody, the investments

made in the name of trust, viz., investments made in

securities, bonds, etc. have been lodged. However, the

Board of Trustees may raise such sum of sums of money

as may be required for meeting obligatory expenses such

as settlement of claims, grant of advances as per rules and

transfer of member's PF accumulation in the event of his/

her leaving service of the employer and any other receipts

by sale of the securities or other investments standing in

the name of the Fund subject to the prior approval of the

Regional PF Commissioner.

21. Any commission, incentive, bonus or other

pecuniary rewards given by any financial or other

institutions for the investments made by the Trust should

be credited to its account.

22. The employer and the members of the Board of

Trustees, shall furnish a written undertaking agreeing to

abide by the conditions and this shall be legally binding

on the employer and the Board of Trustees, including their

successors and assignees.

23. The employer and the Board of Trustees shall also

give an undertaking to transfer the funds promptly within

the time limit prescribed by the concerned RPFC in the

event of cancellation of relaxation. This shall be legally

binding on them and will make them liable for prosecution

in the event of any delay in the transfer of funds.

24. (a) The account of the Provident Fund maintained

by the Board of Trustees shall be subject to audit by a

qualified independent chartered accountant annually.

Where considered necessary the EPFO shall have the right

to have the accounts re-audited by any other qualified

auditor and the expenses so incurred shall be borne by the

employer.

(b) A copy of the Auditor's report alongwith the audited

balance sheet should be submitted to this office by the

Auditors directly within six months after the closing of the

financial year from 1st April to 31st March. The format of

the balance sheet and the information to be furnished in

the report shall be prescribed by the Employees' Provident

fund Organisation and made available with the RPFC office

in electronic format as well as a signed hard copy.

(c) The same auditors should not be appointed for

two consecutive years and not more than the relaxation

withdrawn from the first day of the next succeeding financial

year.

25. Any loss for the three consecutive financial years

or erosion in the capital base shall have the relaxation

withdrawn from the first day of the next succeeding financial

year.

26. The employer shall provide for such facilities for

inspection and pay such inspection charges as the Central

Government may from time-to-time direct under clause (a)

of sub-section (3) of Section 17 of the Act within 15 days

from the close of every month.

27. In the event of any violation of the conditions for

grant of relaxation, by the employer or the Board of

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1469

Trustees, the relaxation granted shall be cancelled after

issuing a show cause notice in this regard to the concerned

persons.

28. In the event of any loss to the trust as a result of

any fraud, defalcation, wrong investment decisions etc.

the employer shall be liable to made good the loss.

29. In case of any change of legal status of the

establishment as a result of merger, de-merger, acquisition,

sale, amalgamation, formation of a subsidiary, whether

wholly owned or not etc., the relaxation granted shall stand

revoked and the establishment should promptly report the

matter for grant of fresh relaxation.

30. In case there are more than one unit/establishment

participating in the common Provident Fund Trust, all the

trustees shall be jointly and separately liable/responsible

for any default committed by any of the trustees/employer

of any of the participating units and the RPFC shall take

suitable legal action against all the trustees of the common

Provident Fund Trust.

31. In case of takeover of the exempted Trust Fund,

estimated net present value of the loss due to differential

interest should be recovered from the establishment.

32. The Central Government may lay down further

conditions for continuation of exemption of the

establishment and the establishment shall be bound to

comply with these additional conditions as and when the

same are communicated.

ubZ fnYyh] 26 ekpZ] 2015

dk-vk- 626.—tcfd eSllZ tsñdsñ VSDukslkW¶V fyfeVsM] [dksM

la[;k Mh,y@20420 ds varxZr fnYyh ¼lkWmFk½ {ks=h; esa] ¼,rnqijkUr

izfr"Bku ds :i esa lanfHkZr½ us deZpkjh Hkfo"; fuf/k ,oa izdh.kZ

mica/k vf/kfu;e] 1952 ¼1952 dk 19½ ¼,rnqijkUr vf/kfu;e ds

:i esa lanfHkZr½ dh /kkjk 17 dh mi&/kkjk ¼1½ ds [k.M ¼d½ ds

varxZr NwV ds fy, vkosnu fd;k gSA

2- vkSj tcfd dsUnzh; ljdkj ds fopkj esa] va'knku dh njksa ds

laca/k esa mDr izfr"Bku ds Hkfo"; fuf/k fu;e mDr vf/kfu;e dh

/kkjk 6 esa fofufnZ"V fu;eksa dh rqyuk esa deZpkfj;ksa ds fy, de

mi;qDr ugha gSa vkSj deZpkjh mDr vf/kfu;e vFkok deZpkjh Hkfo";

fuf/k ;kstuk] 1952 ¼,rnqijkar ;kstuk ds :i esa lanfHkZr½ ds varxZr

ln`'k Lo:i ds fdlh vU; izfr"Bku esa deZpkfj;ksa ds laca/k esa nh

tkus okyh vU; Hkfo"; fuf/k izlqfo/kkvksa dk Hkh ykHk mBk jgs gSaA

3- vr%] vc] dsUnzh; ljdkj] mDr vf/kfu;e dh /kkjk 17 dh

mi /kkjk ¼1½ ds [k.M ¼d½ }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs gq,

vkSj bl vf/klwpuk ds lkFk layXu 'krks± ds v/;/khu] mDr izfr"Bku

dks 22-09-1997 ls vxyh vf/klwpuk rd mDr ;kstuk ds lHkh

mica/kksa ds izHkko ls NwV iznku djrh gSA

[lañ ,l&35015@69@2014&,l,l&II]

lqHkk"k dqekj] voj lfpo

vuqca/k

deZpkjh Hkfo"; fuf/k ;kstuk] 1952 ds mica/kksa ls NwV iznku djus

laca/kh 'krs±A

1- fu;ksDrk le;&le; ij dsUnzh; ljdkj vFkok dsUnzh; Hkfo";

fuf/k vk;qDr] tSlh Hkh fLFkfr gks] }kjk fn, tkus okys ,sls funs'kksa ds

vuqlkj Hkfo"; fuf/k ds izca/ku gsrq viuh v/;{krk esa ,d U;klh cksMZ

xfBr djsxkA Hkfo"; fuf/k U;klh cksMZ esa fofgr gksxh tks vU; ckrksa ds

lkFk&lkFk deZpkjh Hkfo"; fuf/k laxBu ds izfr Hkfo"; fuf/k esa izkfIr;ksa

vkSj mlesa ls Hkqxrku ds mfpr ys[kksa vkSj mudh vfHkj{kk esa 'ks"k jkf'k ds

fy, mÙkjnk;h gksxkA bl iz;kstukFkZ] ^^fu;kSDrk** ls%—

¼i½ fdlh izfr"Bku] tks ,d dkj[kkuk gks] mlds laca/k esa]

dkj[kkus dk Lokeh vFkok vf/k"Bkrk vfHkizsr gksxk( vkSj

¼ii½ fdlh vU; izfr"Bku ds laca/k esa] og O;fDr] vFkok

izkf/kdkjh vfHkizsr gksxk] ftldk ml izfr"Bku ds dkedkt

ij vafre fu;a=.k gksA

2- U;klh cksMZ gjsd frekgh esa de ls de ,d ckj cSBd djsxk

vkSj og dsUnz ljdkj@dsUnzh; Hkfo"; fuf/k vk;qDr ¼lhih,Qlh½

vFkok mlds }kjk izkf/kd`r fdlh vf/kdkjh }kjk le;&le; ij tkjh

fd, tkus okys fn'kkfunsZ'kksa ds vuqlkj dk;Z djsxkA

3- vf/kfu;e dh /kkjk 2¼p½ esa ;Fkk ifjHkkf"kr lHkh deZpkjh]

tks Hkfo"; fuf/k ds lnL; cuus ds ik= jgs gSa] ;fn izfr"Bku dks NwV

iznku ugha dh gksrh] mUgsa lnL;ksa ds :i esa ukekafdr fd;k tk,xkA

4- tgka dksbZ deZpkjh tks igys gh fdlh vU; NwV&izkIr izfr"Bku

ds fdlh deZpkjh Hkfo"; fuf/k vFkok Hkfo"; fuf/k dk lnL; gks] mls

mlds izfr"Bku esa fu;ksftr fd;k tkrk gS] rks fu;ksDrk mls rRdky

fuf/k ds lnL; ds :i esa ukekafdr djsxkA fu;ksDrk ,sls deZpkjh ds

Hkfo"; fuf/k [kkrs esa mlds igys fu;ksDrk ls lap; jkf'k;ka varfjr

vkSj tek djokus dh Hkh O;oLFkk djsxkA

5- fu;ksDrk Hkfo"; fuf/k dks mlds }kjk vkSj deZpkjh ds }kjk

le;&le; ij vf/kfu;e ds varxZr fu/kkZfjr nj ls ns; va'knku

dks] ftl ekg ds fy, va'knku ns; gksa mlds ckn ds ekg dh

15 rkjh[k rd U;klh cksMZ dks varfjr djsxkA fu;ksDrk U;klh cksMZ dks

fdUgha ns;ksa ds Hkqxrku esa fdlh foyEc ds fy, vf/kfu;e dh

/kkjk 7Fk ds mica/kksa ds vuqlkj lk/kkj.k C;kt vnk djus dk nk;h

gksxkA

6- fu;ksDrk Hkfo"; fuf/k ds iz'kklu ds lHkh O;; ogu djsxk

vkSj pksjh] MdSrh] xcu] nqfoZfu;ksx vFkok fdlh vU; dkj.k ls

Hkfo"; fuf/k dks gks ldus okys fdlh ?kkVs dh Hkh HkjikbZ djsxkA

7- U;klh cksMZ }kjk ?kksf"kr C;kt esa fdlh deh dks Hkh fu;ksDrk

}kjk iwjk fd;k tkuk gksxk vkSj mls lkafof/kd lhek rd ykuk gksxkA

8- fu;ksDrk tc dHkh fu;e la'kksf/kr fd, tk,] leqfpr

izkf/kdkjh }kjk ;Fkk vuqeksfnr] fuf/k ds fu;eksa dh ,d izfr

vf/kla[;d deZpkfj;ksa dh Hkk"kk esa muds vuqokn lfgr izfr"Bku ds

lwpuk iV ij iznf'kZr djsxkA

1470

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

9- izfr"Bku ds Hkfo"; fuf/k fu;eksa ds varxZr fu/kkZfjr ns;

va'knku dh nj] vfxze dh 'krs± vkSj ek=k rFkk vU; ekeys vkSj

lnL; ds ekfld pkyw 'ks"k ij laxf.kr vkSj U;klh cksMZ }kjk ?kksf"kr]

izR;sd lnL; ds [kkrs esa tek fd;k x;k C;kt] vf/kfu;e vkSj mlds

varxZr fufeZr ;kstuk esa fu/kkZfjr fofHkUu mica/kksa ds varxZr dsUnz

ljdkj }kjk ?kksf"kr nj ls de ugha gksxkA

10- ;kstuk esa dksbZ la'kks/ku] tks izfr"Bku ds fo|eku fu;eksa dh

rqyuk esa deZpkfj;ksa ds fy, vf/kd ykHknk;d gks] mls U;kl ds

fu;eksa esa vkSipkfjd la'kks/ku ds yafcr jgrs mu ij Lor% ykxw fd;k

tk,xkA

11- fu;ksDrk }kjk fu;eksa esa dksbZ Hkh la'kks/ku {ks=h; Hkfo"; fufè

vk;qDr ds iwoZ vuqeksnu ds fcuk ugha fd;k tk,xkA {ks=h; Hkfo";

fuf/k vk;qDr viuk vuqeksnu nsus ls iwoZ deZpkfj;ksa dks viuk #[k

Li"V djus dk okftc volj nsxkA

12- fudklh] vfxze vkSj varj.k ds lHkh nkos deZpkjh Hkfo";

fuf/k laxBu }kjk fu/kkZfjr vf/kdre le; lhek ds Hkhrj] 'kh?kzrk ls

fuiVk, tk,axsA

13- U;klh cksMZ izR;sd deZpkjh ds laca/k esa tek fd, x,

va'knku] fudklh vkSj C;kt n'kkZus ds fy, foLrfjr ys[kksa dk j[k&j[kko

djsxkA ,sls vfHkys[kksa dk j[k&j[kko vf/kekur% bySDVªksfud :i ls

j[kk tk,xkA izfr"Bku vkof/kd :i ls tc dHkh dsUnzh; Hkfo";

fuf/k vk;qDr@{ks=h; Hkfo"; fuf/k vk;qDr }kjk funs'k fn;k tk,] lnL;ksa

ds ys[kksa dks bySDVªkWfud :i ls lEizsf"kr djsaxsA

14- U;klh cksMZ o"kZ esa ,d ckj foÙkh;@ys[kk o"kZ ds lekIr gksus

ds N% ekg ds Hkhrj izR;sd deZpkjh dks fu%'kqYd ys[kksa dk okf"kZd

fooj.k vFkok iklcqd tkjh djsxkA tc dHkh lnL; pkgsa] vfrfjDr

fizaVvkWmV ukeek= ds izHkkj ds lkFk miyC/k djk, tk ldrs gSaA

iklcqd ds ekeys esa og deZpkjh ds ikl jgsxh ftls izLrqr fd, tkus

ij U;kfl;ksa }kjk vkof/kd :i ls v|ru fd;k tk,xkA

15- fu;ksDrk lHkh lnL;ksa dks mudh vko';drkuqlkj dEI;wVj

VfeZuyksa ls vius [kkrs esa iM+h 'ks"k jkf'k dks ns[kus ds leFkZ cukus ds

fy, vko';d izko/kku djsaxsA

16- U;klh cksMZ vkSj fu;ksDrk deZpkjh Hkfo"; fuf/k laxBu }kjk

;Fkk fofgr :i esa ;s foojf.k;ka fofufnZ"V le; lhek ds Hkhrj

ekfld@okf"kZd :i ls nk;j djsaxs] ftls u djus ij bls pwd ekuk

tk,xk rFkk U;klh cksMZ vkSj fu;ksDrk la;qDr :i ls vkSj vyx&vyx]

deZpkjh Hkfo"; fuf/k laxBu }kjk dh tkus okyh mi;qDr nkf.Md

dkjZokbZ ds Hkkxh gksaxsA

17- U;klh cksMZ le;&le; ij ljdkj ds funsZ'kksa ds vuqlkj

Hkfo"; fuf/k ds iSls dk fuos'k djsxkA ljdkj ds funsZ'kksa ds vuqlkj

fuos'k djus esa vlQy gksus ij UU;klh cksMZ vyx&vyx vkSj la;qDr

:i ls dsUnzh; Hkfo"; fuf/k vk;qDr ;k mlds izfrfuf/k }kjk ;Fkk

vf/kjksfir vf/k'kqYd dk Hkkxh cu tk,xkA

18- ¼d½ izfrHkwfr;ka U;kl ds uke ls izkIr dh tk,axhA bl

izdkj izkIr dh xbZ izfrHkwfr;ksa vHkkSfrd ¼MhesV½ :i esa gksuh pkfg,

rFkk U;kl ds dk;Zpkfyr jgus okys {ks=ksa esa visf{kr lqfo/kk ds miyCè

u gksus dh fLFkfr esa U;klh cksMZ lacaf/kr {ks=h; Hkfo"; fuf/k vk;qDr

dks bldh lwpuk nsaxsA

¼[k½ U;klh cksMZ fyfi&okj jftLVj cuk,xk rFkk C;kt dh

le; ij mxkgh lqfuf'pr djsxkA

¼x½ MhesV [kkrk bl laca/k esa dsUnzh; ljdkj }kjk tkjh vuqns'kksa

ds vuqlkj Hkkjrh; fjtoZ cSad vkSj dsUnzh; ljdkj }kjk vuqeksfnr

fu{ksikxkj izfrHkkfx;ksa ds ek/;e ls [kksyk tk,A

¼?k½ MhesV [kkrs dk [kpZ U;kl }kjk fd, tkus okys fuos'k dk

izklafxd O;; ekuk tk,A izfrHkwfr;ksa vkfn dh [kjhn dh nykyh tSsls

fuos'kksa ds lHkh izdkj ds [kpks± dks Hkh U;kl }kjk fd, tkus okys fuos'k

dk izklafxd O;; ekuk tk,xkA

19- izfrHkwfr;ksa vkSj ck.Mksa dh [kjhn tSls ,sls lHkh fuos'k Hkkjrh;

fjtoZ cSad vkSj dsUnzh; ljdkj }kjk vuqeksfnr fu{ksikxkj izfrHkkfx;ksa

dh lqj{kk vfHkj{kk esa ntZ fd, tk,a] tks blds laj{kd gksaxsA LFkkiuk

dh canh ;k ifjlekiu ;k deZpkjh Hkfo"; fuf/k] 1952 ls NwV ij ;g

laj{kd] U;kl ds uke ij izkIr rFkk vius tek esa iM+s fuos'k dks

lacaf/kr {ks=h; Hkfo"; fuf/k vk;qDr ds] bl vk'k; ds] vuqjks/k ij

lacaf/kr {ks=h; Hkfo"; fuf/k vk;qDr dks lh/ks varfjr djsxkA

20- LFkkiuk lacaf/kr {ks=h; Hkfo"; fuf/k vk;qDr dks mu fu{ksikxkj

izfrHkkfx;ksa ¼Hkkjrh; fjtoZ cSad vkSj dsUnzh; ljdkj }kjk vuqeksfnr½

ds fooj.k ls lwfpr djsxh] ftuds ikl rFkk ftudh lqj{kk vfHkj{kk

esa U;kl ds uke ij fd, x, fuos'k vFkkZr izfrHkwfr;ksa] ck.Mksa vkfn esa

fd, x, fuos'k ntZ fd, x, gSaA rFkkfi] U;klh cksMZ ml /kujkf'k dh

mxkgh dj ldrk gS] tks nkoksa ds fuiVku] fu;ekuqlkj vfxzeksa dh

eatwjh vkSj fu;ksDrk dh lsok NksM+us dh fLFkfr esa lnL; ds Hkfo";

fufè lap;u ds varj.k vkSj izfrHkwfr;ksa dh fcØh }kjk vU; fdlh

izkfIr;ksa vFkok {ks=h; Hkfo"; fuf/k vk;qDr ds iwoZ vuqeksnu ds

'krkZ/khu fuf/k ds uke esa iM+s vU; fuos'kksa tSls ck/;dkjh O;;ksa dks iwjk

djus ds fy, visf{kr gksaA

21- U;kl }kjk fd, x, fuos'kksa ds fy, fdlh foÙkh; ;k vU;

laLFkkvksa }kjk fn, tkus okys fdlh deh'ku] izksRlkgu] cksul ;k vU;

vkfFkZd ykHk blds [kkrs esa Mkys tk,aA

22- fu;ksDrk vkSj U;klh cksMZ ds lnL; 'krks± dk ikyu djus dh

lgefr nsrs gq, fyf[kr opu nsaxs rFkk ;g oSf/kd :i ls fu;ksDrk vkSj

U;klh cksMZ ds mÙkjkf/kdkfj;ksa vkSj leuqnsf'krksa ij muds lkFk&lkFk

ck/;dkjh gksxkA

23- fu;ksDrk vkSj U;klh cksMZ NwV ds jí gksus dh fLFkfr esa lacafèr

{ks=h; Hkfo"; fuf/k vk;qDr }kjk fofgr le; lhek ds Hkhrj rRdky

fuf/k;ksa dk varj.k djus dk opu Hkh nsxkA ;g mu ij dkuwuh :i ls

ck/;dkjh gksxk rFkk mUgsa fuf/k;ksa ds varj.k esa dksbZ foyac gksus dh

fLFkfr esa vfHk;kstu dk Hkkxh cuk,xkA

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1471

24- ¼d½ U;klh cksMZ }kjk vuqjf{kr Hkfo"; fuf/k [kkrk fdlh

;ksX; Lora= pkVZMZ ys[kkdkj }kjk okf"kZd :i ls ys[kk&ijh{kk djus ds

'krkZ/khu gksxkA tgka Hkh vko';d le>k tk,] ogka deZpkjh Hkfo";

fuf/k laxBu dks vf/kdkj gksxk fd ;g fdlh vU; ;ksX; ys[kk&ijh{kd

}kjk [kkrksa dh ys[kk&ijh{kk djk, rFkk bl izdkj gq, [kpZ fu;ksDrk

}kjk ogu fd, tk,axsA

¼[k½ ys[kk&ijh{kdksa }kjk foÙkh; o"kZ vFkkZr~ 1 vizSy ls 31 ekpZ

rd dh lekfIr ds ckn Ng eghus ds Hkhrj ys[kk&ijh{khr rqyu&i=

lfgr ys[kk&ijh{kd dh fjiksVZ dh izfr lh/ks bl dk;kZy; esa izLrqr

dh tk,A rqyu&i= dk izk:i vkSj bl fjiksVZ esa izLrqr dh tkus okyh

tkudkjh deZpkjh Hkfo"; fuf/k laxBu }kjk fu/kkZfjr dh tk,xh rFkk

lacaf/kr {ks=h; Hkfo"; fuf/k vk;qDr ds dk;kZy; esa bySDVªkWfud izk:i

ds lkFk gLrk{kfjr izfrfyfi esa miyC/k djkbZ tk,xhA

¼x½ ,d gh ys[kk ijh{kdksa dks yxkrkj nks o"kZ ds fy, rFkk

vxys foÙkh; o"kZ ds igys fnu ls feyh NwV vf/kd ds fy, fu;qDr u

fd;k tk,A

25- yxkrkj rhu foÙkh; o"kks± rd dksbZ gkfu ;k iwath vk/kkj esa

dVkSrh dks vxys foÙkh; o"kZ ds igys fnu ls feyh NwV izkIr gksxhA

26- fu;ksDrk izR;sd ekg dh lekfIr ls 15 fnu ds Hkhrj fujh{k.k

gsrq ,slh lqfo/kkvksa dk izko/kku djsxk rFkk ,sls fujh{k.k izHkkjksa dk

Hkqxrku djsxk tks dsUnzh; ljdkj }kjk vf/kfu;e dh /kkjk 17 ds

mi&[k.M ¼3½ ds [k.M ¼d½ ds varxZr le;&le; ij fn, funsZ'kksa

ds vuqlkj gksaA

27- U;klh cksMZ ;k fu;ksDrk }kjk NwV nsus ds fy, 'krks± ds fdlh

mYya?ku dh fLFkfr esa nh xbZ NwV lacaf/kr O;fDr dks bl laca/k esa

dkj.k crkvksa uksfVl tkjh djus ds ckn jí dj nh tk,xhA

28- fdlh Hkh /kks[ks] xcu] xyr fuos'k fu.kZ;ksa vkfn ds QyLo:i

VªLV dks gq, fdlh Hkh uqdlku dh fLFkfr esa fu;ksDrk uqdlku iwjk djus

dk Hkkxh gksxkA

29- fdlh foy;] vfoy;] vfHkxzg.k] fcØh] ,dhdj.k] lgk;d

daiuh dk xBu pkgs iw.kZr% LokfeRo okyh gks ;k ugha bR;kfn ds

QyLo:i ;fn izfr"Bku dh dkuwuh fLFkfr esa dksbZ Hkh cnyko gksrk gS

rks nh xbZ NwV fujLr gksxh ,oa izfr"Bku dks rqjar ubZ NwV nsus ds fy,

ekeys dh fjiksVZ djuh pkfg,A

30- ,d gh Hkfo"; fuf/k VªLV esa ,d ls vf/kd bdkbZ@izfr"Bkuksa

ds Hkkx ysus dh fLFkfr esa Hkkx ysus okyh bdkbZ;kas ds fdlh Hkh

VªLVh@fu;ksDrk }kjk dksbZ Hkh pwd gksus ij lHkh VªLVh la;qDr :i ls ,oa

vyx ls ftEesnkj@mÙkjnk;h gksaxs vkSj vkjih,Qlh vke Hkfo"; fuf/k

VªLV ds lHkh U;kfl;ksa ds fo#) mi;qDr dkuwuh dkjZokbZ djsxkA

31- NwV izkIr U;kl fuf/k ds vf/kxzg.k ds ekeys esa] varjh;

C;kt ds dkj.k gkfu ds vuqekfur fuoy orZeku ewY; dh olwyh

izfr"Bku ls dh tkuh pkfg,A

32- dsUnz ljdkj izfr"Bku dh NwV dh fujarjrk ds fy, 'krks± dks

c<+k ldrh gS vkSj tc Hkh budks laizsf"kr fd;k tk,xk ;s izfr"Bku bu

vfrfjDr 'krks± dk vuqikyu djus ds fy, ck/; gksaxsA

New Delhi, the 26th March, 2015

S.O. 626.—Whereas M/s. J.K. Technosoft Limited

[under Code No. DL/20420 in Delhi (South) region]

(hereinafter referred to as the establishment) has applied

for exemption under clause (a) of sub-section (1) of Section

17 of the Employees' Provident Funds and Miscellaneous

Provisions Act, 1952 (19 of 1952) (hereinafter referred to as

the Act).

2. And whereas in the opinion of the Central

Government, the rules of the provident fund of the said

establishment with respect to the rates of contribution are

not less favourable to employees therein than those

specified in Section 6 of the said Act and the employees

are also in enjoyment of other provident fund benefits

provided under the said Act or under the Employees'

Provident Funds Scheme, 1952 (hereinafter referred to as

the Scheme) in relation to the employees in any other

establishment of similar character.

3. Now, therefore, in exercise of the powers conferred

by clause (a) of sub-section (1) of Section 17 of the said

Act and subject to the conditions annexed with this

notification, the Central Government, hereby, exempts the

said establishment from the operation of all the provisions

of the said Scheme with effect from 22-09-1997 until further

notification.

[No. S-35015/69/2014-SS-II]

SUBHASH KUMAR, Under Secy.

ANNEXURE

CONDITIONS FOR GRANT OF EXEMPTION FROM

THE PROVISIONS OF EMPLOYEES PROVIDENT

FUND SCHEME, 1952

1. The employer shall establish a Board of Trustees

under his Chairmanship for the management of the

Provident Fund according to such directions as may be

given by the Central Government or the Central Provident

Fund Commissioner, as the case may be, from time to time.

The provident fund shall vest in the Board of Trustees

who will be responsible for and accountable to the

Employees' Provident Funds Organisation, inter alia, for

proper accounts of the receipts into and payment from the

Provident Fund and the balance in their custody. For this

purpose, the "employer" shall mean:—

(i) In relation to an establishment, which is a factory,

the owner or occupier of the factory: and

(ii) In relation to any other establishment, the person

who, or the authority, that has the ultimate control

over the affairs of the establishment.

2. The Board of Trustees shall meet at least once in

every three months and shall function in accordance with

the guidelines that may be issued from time to time by the

1472

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

Central Government/Central Provident Fund Commissioner

(CPFC) or an officer authorized by him.

3. All employees' as defined in section 2(f) of the act,

who have been eligible to become members of the Provident

Fund' had the establishment not been granted exemption,

shall be enrolled as members.

4. Where an employee who is already a member of

Employees' Provident Fund or a Provident Fund of any

other exempted establishment is employed in his

establishment, the employer shall immediately enroll him

as a member of the fund. The employer should also arrange

to have the accumulations in the Provident Fund account

of such employee with his previous employer transferred

and credited into his account.

5. The employer shall transfer to the Board of Trustees

the contributions payable to the Provident Fund by himself

and employees at the rate prescribed under the act from

time to time by the 15th of each month following the month

for which the contributions are payable. The employer shall

be liable to pay simple interest in terms of the provisions of

Section 7Q of the Act for any delay in payment of any dues

towards the Board of Trustees.

6. The employer shall bear all the expenses of the

administration of Provident Fund and also make good any

other loss that may be caused to the Provident Fund due

to theft, burglary, defalcation, misappropriation or any

other reason.

7. Any deficiency in the interest declared by the Board

of Trustees is to be made good by the employer to bring it

up to the statutory limit.

8. The employer shall display on the notice board of

the establishment, a copy of the rules of the funds as

approved by the appropriate authority and as and when

amended thereto along with a translation in the language

of the majority of the employees.

9. The rate of contributions payable, the conditions

and quantum of advances and other matters laid down

under the provident fund rules of the establishment and

the interest credited to the account of each member,

calculated on the monthly running balance of the member

and declared by the Board of Trustees shall not be lower

than those declared by the Central Government under the

various provisions prescribed in the Act and Scheme framed

thereunder.

10. Any amendment to the Scheme, which is more

beneficial to the employees than the existing rules of the

establishment, shall be made applicable to them

automatically pending formal amendment of the Rules of

the Trust.

11. No amendment in the rules shall be made by the

employer without the prior approval of the Regional

Provident Fund Commissioner. The Regional Provident

Fund Commissioner shall before giving his approval give a

reasonable opportunity to the employees to explain their

point of view.

12. All claims for withdrawals, advances and transfers

should be settled expeditiously, within the maximum time

frame prescribed by the Employees' Provident Fund

Organisation.

13. The Board of Trustees shall maintain detailed

accounts to show the contributions credited withdrawal

and interest in respect of each employee. The maintenance

of such records shall preferably by done electronically.The

establishments should periodically transmit the details of

members' accounts electronically as and when directed by

the Central Provident Commissioner/Regional Provident

Fund Commissioner.

14. The Board of Trustees shall issue an annual

statement of accounts or pass books to every employee

within six months of the close of financial/accounting year

free of cost once in the year. Additional printouts can be

made available as and when the members want, subject to

nominal charges. In case of passbook, the same shall remain

in custody of employee to be updated periodically by the

Trustees when presented to them.

15. The employer shall make necessary provisions to

enable all the members to be able to see their account

balance from the computer terminals as and when required

by them.

16. The Board of Trustees and the employer shall file

such returns monthly/annually as may be prescribed by

the Employees' Provident Fund Organisation within the

specified time limit, failing which it will be deemed as a

default and the Board of Trustees and employer will jointly

and separately be liable for suitable penal action by the

Employees' Provident Fund Organisation.

17. The Board of Trustees shall invest the monies of

the provident fund as per the directions of the Government

from time to time. Failure to make investments as per

directions of the Government shall make the Board of

Trustees separately and jointly liable to surcharge as may

be imposed by the Central Provident Fund Commissioner

or his representative.

18. (a) The securities shall be obtained in the name of

Trust. The securities so obtained should be in

dematerialized (DEMAT) form and in case the required

facility is not available in the areas where the trust operates

the Board of Trustees shall inform the Regional Provident

Fund Commissioner concerned about the same.

(b) The Board of Trustees shall maintain a script wise

register and ensure timely realization of interest.

(c) The DEMAT Account should be opened through

depository participants approved by Reserve Bank of India

and Central Government in accordance with the

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1473

instructions issued by the Central Government in this

regard.

(d) The cost of maintaining DEMAT account should

be treated as incidental cost of investment by the Trust.

Also all types of cost of investments like brokerage for

purchase of securities etc. shall be treated as incidental

cost of investment by the Trust.

19. All such investments made like purchase of

securities and bonds, should be lodged in the safe custody

of depository participants approved by Reserve Bank of

India and Central Government, who shall be the custodian

of the same. On closure of establishment or liquidation or

cancellation of exemption from EPF Scheme, 1952 such

custodian shall transfer the investment obtained in the

name of the Trust and standing in its credit to the Regional

PF Commissioner concerned directly on receipt of request

from the Regional PF Commissioner concerned to that effect.

20. The establishment shall intimate to the Regional

P.F. Commissioner concerned the details of depository

participants (approved by RBI and Central Government),

with whom and in whose safe custody, the investments

made in the name of trust, viz., investments made in

securities, bonds, etc. have been lodged. However, the

Board of Trustees may raise such sum of sums of money

as may be required for meeting obligatory expenses such

as settlement of claims, grant of advances as per rules and

transfer of member's PF accumulation in the event of his/

her leaving service of the employer and any other receipts

by sale of the securities or other investments standing in

the name of the Fund subject to the prior approval of the

Regional PF Commissioner.

21. Any commission, incentive, bonus or other

pecuniary rewards given by any financial or other

institutions for the investments made by the Trust should

be credited to its accounts.

22. The employer and the members of the Board of

Trustees, shall furnish a written undertaking agreeing to

abide by the conditions and this shall be legally binding

on the employer and the Board of Trustees, including their

successors and assignees.

23. The employer and the Board of Trustees shall also

give an undertaking to transfer the funds promptly within

the time limit prescribed by the concerned RPFC in the

event of cancellation of relaxation. This shall be legally

binding on them and will make them liable for prosecution

in the event of any delay in the transfer of funds.

24. (a) The account of the Provident Fund maintained

by the Board of Trustees shall be subject to audit by a

qualified independent chartered accountant annually.

Where considered necessary the EPFO shall have the right

to have the accounts re-audited by any other qualified

auditor and the expenses so incurred shall be borne by the

employer.

(b) A copy of the Auditor's report alongwith the audited

balance sheet should be submitted to this office by the

Auditors directly within six months after the closing of the

financial year from 1st April to 31st March. The format of

the balance sheet and the information to be furnished in

the report shall be prescribed by the Employees' Provident

Fund Organisation and made available with the RPFC office

in electronic format as well as a signed hard copy.

(c) The same auditors should not be appointed for

two consecutive years and not more than the relaxation

withdrawn from the first day of the next succeeding financial

year.

25. Any loss for the three consecutive financial years

or erosion in the capital base shall be the relaxation

withdrawn from the first day of the next succeeding financial

year.

26. The employer shall provide for such facilities for

inspection pay such inspection charges as the Central

Government may from time to time direct under clause (a)

of sub-section (3) of Section 17 of the Act within 15 days

from the close of every month.

27. In the event of any violation of the conditions for

grant of relaxation, by the employer or the Board of

Trustees, the relaxation granted shall be cancelled after

issuing a show cause notice in this regard to the concerned

persons.

28. In the event of any loss to the trust as a result of

any fund, defalcation, wrong investment decisions etc. the

employer shall be liable to made good the loss.

29. In case of any change of legal status of the

establishment as a result of merger, de-merger, acquisition,

sale, amalgamation, formation of a subsidiary, whether

wholly owned or not etc., the relaxation granted shall stand

revoked and the establishment should promptly report the

matter for grant of fresh relaxation.

30. In case there are more than one unit/establishment

participating in the common Provident Fund Trust, all the

trustees shall be jointly and separately liable/responsible

for any default committed by any of the trustees/employer

of any of the participating units and the RPFC shall take

suitable legal action against all the trustees of the common

Provident Fund Trust.

31. In case of takeover of the exempted Trust Fund,

estimated net present value of the loss due to differential

interest should be recovered from the establishment.

32. The Central Government may lay down further

conditions for continuation of exemption of the

establishment and the establishment shall be bound to

comply with these additional conditions as and when the

same are communicated.

1474

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

ubZ fnYyh] 26 ekpZ] 2015

dk-vk- 627.—dsUnzh; ljdkjh deZpkjh Hkfo"; fuf/k vkSj

izdh.kZ mica/k vf/kfu;e] 1952 ¼1952 dk 19½ dh /kkjk 2 ds [kaM

¼V[k½ }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs gq, vkSj Hkkjr ljdkj ds

Je vkSj jkstxkj ea=ky; dh vf/klwpuk lañ dkñvkñ 796]rkjh[k 4

ekpZ] 1997 vkSj dkñvkñ 666] rkjh[k 9 ekpZ] 2001 dks] mu ckrksa

ds flok; vf/kØkar djrs gq,] ftUgsa ,sls vf/kØe.k ls igys fd;k

x;k gS ;k djus dk yksi fd;k gS uhps mfYyf[kr vuqlwph ds LrEHk ¼2½

esa mfYyf[kr vf/kdkfj;ksa dks mDr vf/kfu;e ds mica/kksa ds v/khu

vkus okys dkj[kkuksa@LFkkiuksa ds laca/k esa mDr vuqlwph ds LrEHk ¼3½

esa mfYyf[kr {ks=ksa ds fy, mDr vf/kfu;e ds v/khu olwyh

vf/kdkfj;ksa dk 'kfDr;ksa dk iz;ksx djus ds fy, izkf/kd`r djrh gS]

Øe

vf/kdkjh dk inuke

,sls {ks= ds laca/k esa ftlds

lañ

{ks=kf/kdkj esa mi;ksx fd;k

tkuk gS

¼1½

¼2½

¼3½

1-

vka/kz izns'k {ks= esa deZpkjh Hkfo";&

vka/kz izns'k jkT; vkSj iqMqpsjh

fuf/k laxBu ds dk;Zjr izknsf'kd

la?k jkT; {ks= esa ;ue {ks=

Hkfo";&fuf/k vk;qDr@Hkfo";&fuf/k

lgk;d vk;qDr

2-

fcgkj {ks= esa deZpkjh Hkfo";&fuf/k

fcgkj jkT;

laxBu ds dk;Zjr izknsf'kd Hkfo";&

fuf/k vk;qDr@Hkfo";&fuf/k lgk;d

vk;qDr

3-

fnYyh {ks= esa deZpkjh Hkfo";&fuf/k

jk"Vªh; jkt/kkuh jkT;{ks= fnYYkh

laxBu ds dk;Zjr izknsf'kd Hkfo";&

fuf/k vk;qDr@Hkfo";&fuf/k lgk;d

vk;qDr

4-

deZpkjh Hkfo";&fuf/k laxBu ds

xqtjkr jkT; rFkk nknjk vkSj ukxj

fnYyh {ks= esa dk;Zjr izknsf'kd

gosyh] ne.k vkSj nho la?k jkT;

Hkfo";&fuf/k vk;qDr@lgk;d

{ks=

Hkfo";&fuf/k vk;qDr

5-

gfj;k.kk {ks= esa deZpkjh Hkfo";&

gfj;k.kk jkT;

fuf/k laxBu ds dk;Zjr izknsf'kd

Hkfo";&fuf/k vk;qDr@Hkfo";&

fuf/k lgk;d vk;qDr

6-

deZpkjh Hkfo";&fuf/k laxBu ds

dukZVd jkT;

dukZVd {ks= esa dk;Zjr izknsf'kd

Hkfo";&fuf/k vk;qDr@lgk;d

Hkfo";&fuf/k vk;qDr

7-

dsjy {ks= esa deZpkjh Hkfo";&fuf/k

dsjy jkT; rFkk y{k}hi la?k jkT;

laxBu ds dk;Zjr izknsf'kd

{ks= vkSj iqMqpsjh la?k jkT; {ks=

Hkfo";&fuf/k lgk;dvk;qDr@

esa ekgs {ks=

Hkfo";&fuf/k vk;qDr

8-

e/; izns'k {ks= esa deZpkjh Hkfo";&

e/; izns'k jkT;

fuf/k laxBu ds dk;Zjr izknsf'kd

Hkfo";&fuf/k vk;qDr@Hkfo";&

fuf/k lgk;d vk;qDr

9-

egkjk"Vª {ks= esa deZpkjh Hkfo";&

egkjk"Vª jkT;

fuf/k laxBu ds dk;Zjr izknsf'kd

Hkfo";&fuf/k vk;qDr@Hkfo";&

fuf/k lgk;d vk;qDr

10-

deZpkjh Hkfo";&fuf/k laxBu ds xksok

xksok jkT;

{ks= esa dk;Zjr izknsf'kd Hkfo";&fuf/k

vk;qDr@Hkfo";&fuf/k lgk;d vk;qDr

11-

iwoksZÙkj {ks= esa deZpkjh Hkfo";&fuf/k

vle] ukxky®M] ef.kiqj] es?kky;]

laxBu ds dk;Zjr izknsf'kd Hkfo";&

v#.kkpy izns'k] fetksje vkSj

fuf/k vk;qDr@Hkfo";&fuf/k lgk;d

f=iqjk jkT;

vk;qDr

12-

vksfM'kk {ks= esa deZpkjh Hkfo";&fuf/k

vksfM'kk jkT;

laxBu ds dk;Zjr izknsf'kd Hkfo";&

fuf/k vk;qDr@Hkfo";&fuf/k lgk;d

vk;qDr

13-

iatkc {ks= esa deZpkjh Hkfo";&fuf/k

iatkc jkT; vkSj paMhx<+

laxBu ds dk;Zjr izknsf'kd Hkfo";&

fuf/k vk;qDr@Hkfo";&fuf/k lgk;d

vk;qDr

14-

fgekpy {ks= esa deZpkjh Hkfo";&fuf/k fgekpy izns'k jkT;

laxBu ds dk;Zjr izknsf'kd Hkfo";&

fuf/k vk;qDr@lgk;d Hkfo";&fuf/k

vk;qDr

15-

jktLFkku {ks= esa deZpkjh Hkfo";&

jktLFkku jkT;

fuf/k laxBu ds dk;Zjr izknsf'kd

Hkfo";&fuf/k vk;qDr@Hkfo";&fuf/k

lgk;d vk;qDr

1`6

rfeyukMq {ks= esa deZpkjh Hkfo";&

rfeyukMq jkT; vkSj iqMqpsjh

fuf/k laxBu ds dk;Zjr izknsf'kd

la?k jkT;{ks= esa ;ue vkSj ekgs

Hkfo";&fuf/k vk;qDr@Hkfo";&fuf/k

dks NksM+dj

lgk;d vk;qDr

17-

mRrj izns'k {ks= esa deZpkjh

mRrj izns'k jkT;

Hkfo";&fuf/k laxBu ds dk;Zjr

izknsf'kd Hkfo";&fuf/k vk;qDr@

Hkfo";&fuf/k lgk;d vk;qDr

18-

if'peh caxky {ks= esa deZpkjh

if'peh caxky jkT; rFkk

Hkfo";&fuf/k laxBu ds dk;Zjr

vaneku vkSj fudksckj }hi

izknsf'kd Hkfo";&fuf/k vk;qDr@

lewg la?k jkT; {ks= rFkk

Hkfo";&fuf/k lgk;d vk;qDr

flfDde jkT;

19-

mRrjk[kaM {ks= esa deZpkjh Hkfo";&

mRrjk[kaM jkT;

laxBu ds dk;Zjr izknsf'kd Hkfo";&

fuf/k vk;qDr@Hkfo";&fuf/k lgk;d

vk;qDr

20-

>kj[kaM {ks= esa deZpkjh Hkfo";&fuf/k

>kj[kaM jkT;

laxBu ds dk;Zjr izknsf'kd Hkfo";&

fuf/k vk;qDr@Hkfo";&fuf/k lgk;d

vk;qDr

21-

NRrhlx<+ {ks= esa deZpkjh Hkfo";&fuf/k NRrhlx<+ jkT;

laxBu ds dk;Zjr izknsf'kd Hkfo";&

fuf/k vk;qDr@Hkfo";&fuf/k lgk;d

vk;qDr

22-

rsyaxkuk {ks= esa deZpkjh Hkfo";&fuf/k

rsyaxkuk jkT;¹

laxBu ds dk;Zjr izknsf'kd Hkfo";&

fuf/k vk;qDr@Hkfo";&fuf/k lgk;d

vk;qDr

23-

eq[; dk;kZy; ds deZpkjh Hkfo";&

tEew&d'ehj jkT; ds

fuf/k laxBu ds izknsf'kd Hkfo";&fuf/k

flok; laiw.kZ Hkkjr

vk;qDr@Hkfo";&fuf/k lgk;d vk;qDr

¹02-06-2014 ls izHkkoh

[la- ,l&35012@03@2008&,l,l&II]

lqHkk"k dqekj] voj lfpo

¼1½

¼2½

¼3½

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1475

New Delhi, the 26th March, 2015

S.O. 627.—In exercise of the powers conferred by clause (kb) of section 2 of the Exployees' Provident Funds and

Miscellaneous Provisions Act, 1952 (19 of 1952) and in supersession of the notification of the Government of India in the

Ministry of Labour and Employment number S.O. 796 dated the 4th March, 1997 and S.O. 666 dated 9th March, 2001 except

as respects things done or omitted to be done before such supersession, the Central Government hereby authorizes the

officers mentioned in column (2) of the Schedule mentioned below the exercise the powers of Recovery Officers under the

said Act for the areas mentioned in column 3 of the said schedule in relation to factories/establishments covered under the

provisions of the said Act.

S.No. Designation of the Officer

Area in relation to which Jurisdiction to be

exercised

1

2

3

1.

Regional Provident Fund Commissioners/Assistant Provident Fund

The States of Andhra Pradesh and the area of Yanam

Commissioners working in Andhra Pradesh Region of the

area of the Union Territory of Puducherry.

Employees' Provident Fund Organization

2-

Regional Provident Fund Commissioners/Assistant Provident fund

The State of Bihar.

Commissioners working in Bihar Region of the Employees'

Provident Fund Organization.

3.

Regional Provident Fund Commissioners/Assistant Provident Fund

The National Capital Territory of Delhi.

Commissioners working in Delhi Region of the Employees' Provident

Fund Organization.

4.

Regional Provident Fund Commissioners/Assistant Provident Fund

The State of Gujarat and Union Territory of Dadra

Commissioners working in Gujarat Region of the Employees'

and Nagar Haveli, Daman and Diu.

Provident Fund Organization.

5.

Regional Provident Fund Commissioners/Assistant Provident Fund

The State of Haryana.

Commissioners working in Haryana Region of the Employees'

Provident Fund Organization.

6.

Regional Provident Fund Commissioners/Assistant Provident Fund

The State of Karnataka.

Commissioners working in Karnataka Region of the Employees'

Provident Fund Organization.

7.

Regional Provident Fund Commissioners/Assistant Provident Fund

The State of Kerala, and Union Territory of

Commissioners working in Kerala Region of the Employees'

Lakshadweep and area of Mahe in the territories

Provident Fund Organization.

of Puducherry.

8.

Regional Provident Fund Commissioners/Assistant Provident Fund

The State of Madhya Pradesh.

Commissioners working in Madhya Pradesh Region of the

Employees' Provident Fund Organization.

9.

Regional Provident Fund Commissioners/Assistant Provident Fund

The State of Maharashtra.

Commissioners working in Maharashtra Region of the Employees'

Provident Fund Organization.

10.

Regional Provident Fund Commissioners/Assistant Provident Fund

The State of Goa.

Commissioners working in Goa Region of the Employees' Provident

Fund Organization.

11.

Regional Provident Fund Commissioners/Assistant Provident Fund

The State of Assam, Nagaland, Manipur, Meghalaya,

Commissioners working in North Eastern Region of the Employees'

Arunachal Pradesh, Mizoram and Tripura.

Provident Fund Organization.

12.

Regional Provident Fund Commissioners/Assistant Provident Fund

The State of Odisha.

Commissioners working in Odisha Region of the Employees'

Provident Fund Organization.

13.

Regional Provident Fund Commissioners/Assistant Provident Fund

The State of Punjab and Union Territory of Chandigarh.

Commissioners working in Punjab Region of the Employees'

Provident Fund Organization.

14.

Regional Provident Fund Commissioners/Assistant Provident Fund

The State of Himachal Pradesh.

Commissioners working in Himachal Pradesh Region of the

Employees' Provident Fund Organization.

1476

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

15.

Regional Provident Fund Commissioners/Assistant Provident Fund

The State of Rajasthan.

Commissioners working in Rajasthan Region of the Employees'

Provident Fund Organization.

16.

Regional Provident Fund Commissioners/Assistant Provident Fund

The State of Tamil Nadu and the Union Territory of

Commissioners working in Tamil Nadu Region of the Employees'

Puducherry except Yanam and Mahe areas.

Provident Fund Organization.

17.

Regional Provident Fund Commissioners/Assistant Provident Fund

The State of Uttar Pradesh.

Commissioners working in Uttar Pradesh Region of the Employees'

Provident Fund Organization.

18.

Regional Provident Fund Commissioners/Assistant Provident Fund

The State of West Bengal and Union Territory of

Commissioners working in West Bengal Region of the

Andaman and Nicobar Islands and the State of Sikkim.

Emplyees' Provident Fund Organization.

19.

Regional Provident Fund Commissioners/Assistant Provident Fund

The State of Uttarakhand.

Commissioners working in Uttarakhand Region of the Employees'

Provident Fund Organization.

20.

Regional Provident Fund Commissioners/Assistant Provident Fund

The State of Jharkhand.

Commissioners working Jharkhand Region of the Employees'

Provident Fund Organization.

21.

Regional Provident Fund Commissioners/Assistant Provident

The State of Chhattisgarh.

Fund Commissioners working in Chhattisgarh Region of the

Employees' Provident Fund Organization.

22.

Regional Provident Fund Commissioners/Assistant Provident Fund

The State of Telangana.*

Commissioners working in Telangana Region of the Employees'

Provident Fund Organization.

23.

Regional Provident Fund Commissioners/Assistant Provident Fund

The whole of India except the State of Jammu amd

Commissioners at head office of the Employees' Provident Fund

Kashmir.

Organization.

* w.e.f. 02.06.2014.

[No. S-35012/03/2008-SS-II]

SUBHASH KUMAR, Under Secy.

ubZ fnYyh] 26 ekpZ] 2015

dk-vk- 628.—dsUnzh; ljdkj] deZpkjh Hkfo"; fuf/k vkSj izdh.kZ mica/k vf/kfu;e] 1952 ¼1952 dk 19½ dh /kkjk 14[k }kjk iznÙk

'kfDr;ksa dk iz;ksx djrs gq, vkSj bl laca/k esa tkjh dh xbZ Hkkjr ljdkj ds Je vkSj jkstxkj ea=ky; dh vf/klwpuk lañ dkñvkñ 1553] rkjh[k

17 vizSy] 2002 dks vf/kØkar djrs gq,] mDr vf/kfu;e mica/kksa ds v/khu vkus okys dkj[kkuksa@LFkkiuksa ds laca/k esa uhps mfYyf[kr mDr vuqlwph

ds LrEHk ¼3½ esa mfYyf[kr lacaf/kr {ks=ksa ds fy, vuqlwph ds LraHk ¼2½ esa mfYyf[kr vf/kdkfj;ksa dks mDr vf/kfu;e ds v/khu 'kkfLr ds :i

esa ,sls uqdlkfu;ksa dks fu;kstdksa ls olwy djus dh 'kfDr;ksa dk iz;ksx djus ds fy, izkf/kd`r djrh gS A

vuqlwph

Øe

vf/kdkjh dk inuke

,sls {ks= ds laca/k esa ftlds {ks=kf/kdkj esa mi;ksx

lañ

fd;k tkuk gS

¼1½

¼2½

¼3½

1-

deZpkjh Hkfo";&fuf/k laxBu ds eq[; dk;kZy; ds dsUnzh; Hkfo";&

tEew&d'ehj jkT; ds flok; laiw.kZ Hkkjr

fuf/k vij vk;qDr

2-

deZpkjh Hkfo";&fuf/k laxBu ds dkjiksjsV eq[;ky; esa izknsf'kd

tEew& d'ehj jkT; ds flok; laiw.kZ Hkkjr

Hkfo";&fuf/k vk;qDr@Hkfo";&fuf/k lgk;d vk;qDr

1

2

3

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1477

3-

vka/kz izns'k {ks= esa deZpkjh Hkfo";&fuf/k laxBu ds dk;Zjr

vka/kz izns'k jkT; vkSj iqMqpsjh la?k jkT; {ks= esa ;ue dk {ks=

izknsf'kd Hkfo";&fuf/k vk;qDr@Hkfo";&fuf/k lgk;d vk;qDr

4-

fcgkj {ks= esa deZpkjh Hkfo";&fuf/k laxBu ds dk;Zjr izknsf'kd Hkfo";&

fcgkj jkT;

fuf/k vk;qDr Hkfo";&fuf/k@ lgk;d vk;qDr

5-

deZpkjh Hkfo";&fuf/k laxBu ds NRrhlx<+ {ks= esa dk;Zjr izknsf'kd

NRrhlx<+ jkT;

Hkfo";&fuf/k vk;qDr@lgk;d Hkfo";&fuf/k vk;qDr

6-

fnYyh {ks= esa deZpkjh Hkfo";&fuf/k laxBu ds dk;Zjr izknsf'kd

jk"Vªh; jkt/kkuh jkT;{ks= fnYyh

Hkfo";&fuf/k vk;qDr@Hkfo";&fuf/k lgk;d vk;qDr

7-

deZpkjh Hkfo";&fuf/k laxBu ds xksok {ks= esa dk;Zjr izknsf'kd Hkfo";&

xksok jkT;

fuf/k vk;qDr@lgk;d Hkfo";&fuf/k vk;qDr

8-

xqtjkr {ks= esa deZpkjh Hkfo";&fuf/k laxBu ds dk;Zjr izknsf'kd

xqtjkr jkT; rFkk la?k jkT; {ks= nknjk vkSj ukxj gosyh rFkk

Hkfo";&fuf/k vk;qDr@Hkfo";&fuf/k lgk;d vk;qDr

ne.k vkSj nho

9-

gfj;k.kk {ks= esa deZpkjh Hkfo";&fuf/k laxBu ds dk;Zjr izknsf'kd

gfj;k.kk jkT;

Hkfo";&fuf/k vk;qDr@Hkfo";&fuf/k lgk;d vk;qDr

10-

fgekpy izns'k {ks= esa deZpkjh Hkfo";&fuf/k laxBu ds dk;Zjr

fgekpy izns'k jkT;

izknsf'kd Hkfo";&fuf/k vk;qDr@Hkfo";&fuf/k lgk;d vk;qDr

11-

>kj[kaM {ks= esa deZpkjh Hkfo";&fuf/k laxBu ds dk;Zjr izknsf'kd

>kj[kaM jkT;

Hkfo";&fuf/k vk;qDr@Hkfo";&fuf/k lgk;d vk;qDr

12-

dukZVd {ks= esa deZpkjh Hkfo";&fuf/k laxBu ds dk;Zjr izknsf'kd

dukZVd jkT;

Hkfo";&fuf/k vk;qDr@Hkfo";&fuf/k lgk;d vk;qDr

13-

dsjy {ks= esa deZpkjh Hkfo";&fuf/k laxBu ds dk;Zjr izknsf'kd

dsjy jkT; rFkk la?k jkT; {ks= iqMqpsjh esa ekgs dk {ks=

Hkfo";&fuf/k vk;qDr@Hkfo";&fuf/k lgk;d vk;qDr

14-

e/; izns'k {ks= esa deZpkjh Hkfo";&fuf/k laxBu ds dk;Zjr izknsf'kd

e/; izns'k jkT;

Hkfo";&fuf/k vk;qDr@Hkfo";&fuf/k lgk;d vk;qDr

15-

deZpkjh Hkfo";&fuf/k laxBu ds egkjk"Vª {ks= esa dk;Zjr izknsf'kd

egkjk"Vª jkT;

Hkfo";&fuf/k vk;qDr@Hkfo";&fuf/k lgk;d vk;qDr

16-

iwoksZÙkj {ks= esa deZpkjh Hkfo";&fuf/k laxBu ds dk;Zjr izknsf'kd

vle] ukxkySaM] ef.kiqj] es?kky;] v:.kkpy izns'k] etksje vkSj

Hkfo";&fuf/k vk;qDr@Hkfo";&fuf/k lgk;d vk;qDr

f=iqjk jkT;

17-

deZpkjh Hkfo";&fuf/k laxBu ds vksfM'kk {ks= esa dk;Zjr izknsf'kd

vksfM'kk jkT;

Hkfo";&fuf/k vk;qDr@Hkfo";&fuf/k lgk;d vk;qDr

18-

deZpkjh Hkfo";&fuf/k laxBu ds iatkc {ks= esa dk;Zjr izknsf'kd

iatkc jkT; rFkk paMhx<+ la?k jkT;{ks=

Hkfo";&fuf/k vk;qDr@lgk;d Hkfo";&fuf/k vk;qDr

19-

jktLFkku {ks= esa deZpkjh Hkfo";&fuf/k laxBu ds dk;Zjr izknsf'kd

jktLFkku jkT;

Hkfo";&fuf/k vk;qDr@Hkfo";&fuf/k lgk;d vk;qDr

20-

rfeyukMq {ks= esa deZpkjh Hkfo";&fuf/k laxBu ds dk;Zjr izknsf'kd

rfeyukMq jkT; rFkk iqMqpsjh la?k jkT;{ks= ds ;ue vkSj ekgs ds

Hkfo";&fuf/k vk;qDr@Hkfo";&fuf/k lgk;d vk;qDr

{ks= ds flok;

21-

mÙkjk[kaM {ks= esa deZpkjh Hkfo";& fuf/k laxBu ds dk;Zjr izknsf'kd

mÙkjk[kaM jkT;

Hkfo";&fuf/k vk;qDr@Hkfo";&fuf/k lgk;d vk;qDr

22-

mÙkj izns'k {ks= esa deZpkjh Hkfo";&fuf/k laxBu ds dk;Zjr izknsf'kd

mÙkj izns'k jkT;

Hkfo";&fuf/k vk;qDr@Hkfo";&fuf/k lgk;d vk;qDr

¼1½

¼2½

¼3½

1478

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

23-

if'peh caxky {ks= esa deZpkjh Hkfo";&fuf/k laxBu ds dk;Zjr

if'peh caxky vkSj flfDde jkT; rFkk vaMeku vkSj fudksckj

izknsf'kd Hkfo";&fuf/k vk;qDr@Hkfo";&fuf/k lgk;d vk;qDr

}hi lewg la?k jkT; {ks=

24-

deZpkjh Hkfo";&fuf/k laxBu ds rsyaxkuk {ks= esa dk;Zjr izknsf'kd

rsyaxkuk jkT;¹

Hkfo";&fuf/k vk;qDr@lgk;d Hkfo";&fuf/k vk;qDr

¹ 02-06-2014 ls izHkkoh

[lañ ,l&35012@03@2008&,l,l&II]

lqHkk"k dqekj] voj lfpo

New Delhi, the 26th March, 2015

S.O. 628.—In exercise of the powers conferred by section 14B of the Employees' Provident Funds and Miscellaneous

Provisions Act, 1952 (19 of 1952) and in supersession of the notificaiton of the Government of India in the Ministry of

Labour and Employment, number S.O. 1553 dated the 17th April, 2002, issued in this regard, the Central Government hereby

authorizes the officers mentioned in column (2) of the Schedule mentioned below to exercises the powers to recover from

the employers by way of penalty such damages udner the said Act for the respective areas mentioned in column (3) of the

said Schedule in relation to factories/establishments covered under the provisions of said Act.

SCHEDULE

S.

Designation of the Officer

Area in relation to which jurisdiction to be exercised.

No.

(1)

( 2 )

( 3 )

1.

Additional Central Provident Fund Commissioners, Head Office,

The whole of India except the state of Jammu and Kashmir.

Employees' Provident Fund Organisation.

2.

Regional Provident Fund Commissioners /Assistant Provident Fund

The whole of India except the State of Jammu and Kashmir.

Commissioners at Corporate Headquarters of Employees' Provident

Fund Organization.

3.

Regional Provident Fund Commissioners /Assistant Provident Fund

The State of Andhra Pradesh and the area of Yanam in the

Commissioners working in Andhra Pradesh region of the Employees'

Union territory of Puducherry.

Provident Fund Organization.

4.

Regional Provident Fund Commissioners /Assistant Provident Fund

The State of Bihar.

Commissioners working in Bihar region of the Employees' Provident

Fund Organization.

5.

Regional Provident Fund Commissioners /Assistant Provident Fund

The State of Chhattisgarh.

Commissioners working in Chhattisgarh region of the Employees'

Provident Fund Organization.

6.

Regional Provident Fund Commissioners /Assistant Provident Fund

National Capital Territory of Delhi.

Commissioners working in Delhi region of the Employees' Provident

Fund Organization.

7.

Regional Provident Fund Commissioners/Assistant Provident Fund

The State of Goa

Commissioners working in Goa region of the Employees' Provident

Fund Organization.

8.

Regional Provident Fund Commissioner/Assistant Provident Fund

The State of Gujarat and Union Territories of Dadra and

Commissioners working in Gujarat region of the Employees,

Nagar Haveli and Daman and Diu

'Provident Fund Organization.

9.

Regional Provident Fund Commissioners/Assistant Provident

The State of Haryana.

Fund Commissioners working in Haryana region of the

Employees' Provident Fund Organization.

10.

Regional Provident Fund Commissioners/Assistant Provident

The State of Himachal Pradesh.

Fund Commissioners working in Himachal Pradesh region of the

Employees' Provident Fund Organization.

11.

Regional Provident Fund Commissioners /Assistant Provident Fund

The State of Jharkhand.

Commissioners working in Jharkhand region of the Employees'

Provident Fund Organization.

¼1½

¼2½

¼3½

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1479

12.

Regional Provident Fund Commissioners /Assistant Provident Fund

The State of Karnataka

Commissioners working in Karnataka region of the Employees'

Provident Fund Organization.

13.

Regional Provident Fund Commissioners/Assistant Provident Fund

The state of Kerala and Union Territories of Lakshadweep

Commissioners working in Kerala region of the Employees,

and the area of Mahe of Union Territory of Puducherry

' Provident Fund Organization.

14.

Regional Provident Fund Commissioners/Assistant Provident Fund

The State of Madhya Pradesh

Commissioners working in Madhya Pradesh region of the Employees'

Provident Fund Organization.

15.

Regional Provident Fund Commissioners/Assistant Provident Fund

The State of Maharashtra

Commissioners working in Maharashtra region of the Employees'

Provident Fund Organization.

16.

Regional Provident Fund Commissioners/Assistant Provident Fund

The State of Assam, Nagaland, Manipur, Meghalaya,

Commissioners working in North Eastern region of the Employees'

Arunachal Pradesh, Mizoram and Tripura.

Provident Fund Organization.

17.

Regional Provident Fund Commissioners/Assistant Provident Fund

The State of Odisha.

Commissioners working in Odisha region of the Employees' Provident

Fund Organization.

18.

Regional Provident Fund Commissioners /Assistant Provident Fund

The State of Punjab and Union Territory of Chandigarh.

Commissioners working in Punjab region of the Employees'

Provident Fund Organization.

19.

Regional Provident Fund Commissioners/Assistant Provident Fund

The State of Rajasthan.

Commissioners working in Rajasthan region of the Employees'

Provident Fund Organization.

20.

Regional Provident Fund Commissioners/Assistant Provident Fund

The State of Tamil Nadu and the Union Territory of

Commissioners working in Tamil Nadu region of the Employees'

Puducherry except Mahe and Yanam areas.

Provident Fund Organization.

21.

Regional Provident Fund Commissioners/Assistant Provident Fund

The State of Uttarakhand.

Commissioners working in Uttarakhand region of the Employees'

Provident Fund Organization.

22.

Regional Provident Fund Commissioners/Assistant Provident Fund

The State of Uttar Pradesh.

Commissioners working in Uttar Pradesh region of the Employees'

Provident Fund Organization.

23.

Regional Provident Fund Commissioners /Assistant Provident Fund

The State of West Bengal and Sikkim and Union

Commissioners working in West Bengal region of the Employees'

Territory of Andaman and Nicobar Islands

Provident Fund Organization.

24.

Regional Provident Fund Commissioners/Assistant Provident Fund

The State of Telangana*.

Commissioners working in Telangana region of the Employees'

Provident Fund Organization.

*w.e.f. 02.06.2014

[No. S-35012/03/2008-SS-II]

SUBHASH KUMAR, Under Secy.

ubZ fnYyh] 26 ekpZ] 2015

dk-vk- 629.—dsUnzh; ljdkj] deZpkjh Hkfo";&fuf/k vkSj izdh.kZ mica/k vf/kfu;e] 1952 ¼1952 dk 19½ dh /kkjk 13 dh

mi/kkjk ¼1½ }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs gq, vkSj Hkkjr ljdkj ds Je vkSj jkstxkj ea=ky; dh vf/klwpuk lañ dkñvkñ 1913] rkjh[k

20 twu] 2009 dks] mu ckrksa ds flok; mu vf/kØkar djrs gq,] ftUgsa ,sls vf/kØe.k ls igys fd;k x;k gS ;k djus dk yksi fd;k x;k gS dsUnzh;

ljdkj ds ;k mlds fu;a=.k ds v/khu fdlh LFkkiu ds laca/k esa ;k fdlh jsy daiuh] egkiÙku] [kku] rsy&{ks= ;k fu;af=r m|ksx ls lalDr LFkkiu

ds laca/k esa ;k ,d ls vf/kd jkT;ksa esa foHkkx ;k 'kk[kkvksa okys fdlh LFkkiu ds laca/k esa mDr vf/kfu;e ;k mlds v/khu fojfpr Ldheksa ds

iz;kstu ds fy, uhps dh lkj.kh ds LraHk ¼4½ esa fofufnZ"V {ks= ds fy, mDr lkj.kh ds LraHk ¼3½ esa fofufnZ"V dk;kZy; esa LraHk ¼2½ esa fofufnZ"V

in/kkjh vf/kdkfj;ksa dks fujh{kd fu;qDr djrh gS] vFkkZr~%&

(1)

( 2 )

( 3 )

1480

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

Øe

vf/kdkjh

dk;kZy;

{ks=

lañ

¼1½

¼2½

¼3½

¼4½

1-

(i) dsUnzh; Hkfo";&fuf/k vk;qDr

deZpkjh Hkfo";&fuf/k laxBu]

tEew&d'ehj jkT; ds flok;

(ii) dsUnzh; Hkfo";&fuf/k vij vk;qDr ¼vuqikyu½

eq[; dk;kZy;] ubZ fnYyh

laiw.kZ Hkkjr

(iii) izknsf'kd Hkfo";&fuf/k vk;qDr

(iv) izorZu vf/kdkjh

2-

(i) vij dsUnzh; Hkfo";&fuf/k vk;qDr

deZpkjh Hkfo";&fuf/k laxBu dk

vka/kz izns'k] rsyaxkuk] vksfM'kk jkT;

(ii) izknsf'kd Hkfo";&fuf/k vk;qDr

tksuy dk;kZy;] gSnjkckn

vkSj la?k {ks= iqMqpsjh dk ;ue {ks=

(iii) Hkfo";&fuf/k lgk;d vk;qDr

(iv) izorZu vf/kdkjh

3-

(i) vij dsUnzh; Hkfo";&fuf/k vk;qDr

deZpkjh Hkfo";&fuf/k laxBu dk

jk"Vªh; jkt/kkuh jkT; {ks= fnYyh

(ii) izknsf'kd Hkfo";&fuf/k vk;qDr

tksuy dk;kZy;] fnYyh

vkSj mÙkjk[kaM jkT;

(iii) Hkfo";&fuf/k lgk;d vk;qDr

(iv) izorZu vf/kdkjh

4-

(i) vij dsUnzh; Hkfo";&fuf/k vk;qDr

deZpkjh Hkfo";&fuf/k laxBu dk

egkjk"Vª vkSj NÙkhlx<+ jkT;

tksuy dk;kZy;] eqEcbZ

(ii) izknsf'kd Hkfo";&fuf/k vk;qDr

(iii) Hkfo";&fuf/k lgk;d vk;qDr

(iv) izorZu vf/kdkjh

5-

(i) dsUnzh; Hkfo";&fuf/k vij vk;qDr

deZpkjh Hkfo";&fuf/k laxBu dk

xqtjkr] e/; izns'k jkT; vkSj

(ii) izknsf'kd Hkfo";&fuf/k vk;qDr

tksuy dk;kZy;] vgenkckn

ne.k vkSj nho rFkk nknjk vkSj

(iii) Hkfo"; fuf/k lgk;d vk;qDr

ukxj gosyh la?k jkT; {ks=

(iv) izorZu vf/kdkjh

6-

(i) vij dsUnzh; Hkfo";&fuf/k vk;qDr

deZpkjh Hkfo";&fuf/k laxBu dk

gfj;k.kk vkSj jktLFkku jkT;

(ii) izknsf'kd Hkfo";&fuf/k vk;qDr

tksuy dk;kZy;] Qjhnkckn

(iii) Hkfo";&fuf/k lgk;d vk;qDr

(iv) izorZu vf/kdkjh

7-

(i) vij dsUnzh; Hkfo";&fuf/k vk;qDr

deZpkjh Hkfo";&fuf/k laxBu dk

dukZVd vkSj xksok jkT;

(ii) izknsf'kd Hkfo";&fuf/k vk;qDr

tksuy dk;kZy;] caxykSj

(iii) Hkfo";&fuf/k lgk;d vk;qDr

(iv) izorZu vf/kdkjh

8-

(i) dsUnzh; Hkfo";&fuf/k vij vk;qDr

deZpkjh Hkfo";&fuf/k laxBu dk

iatkc] fgekpy izns'k jkT; vkSj

(ii) izknsf'kd Hkfo";&fuf/k vk;qDr

tksuy dk;kZy;] paMhx<+

la?k jkT; {ks= paMhx<+

(iii) Hkfo";&fuf/k lgk;d vk;qDr

(iv) izorZu vf/kdkjh

9-

(i) dsUnzh; Hkfo";&fuf/k vij vk;qDr

deZpkjh Hkfo";&fuf/k laxBu dk

rfeyukMq] dsjy jkT; vkSj ;ue

(ii) izknsf'kd Hkfo";&fuf/k vk;qDr

tksuy dk;kZy;] psUUkbZ

{ks= ls flok; y{k}hi] iqMqpsjh

(iii) Hkfo";&fuf/k lgk;d vk;qDr

la?k jkT; {ks=

(iv) izorZu vf/kdkjh

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1481

10-

(i) dsUnzh; Hkfo";&fuf/k vij vk;qDr

deZpkjh Hkfo";&fuf/k laxBu dk

mÙkj izns'k vkSj fcgkj jkT;

(ii) izknsf'kd Hkfo";&fuf/k vk;qDr

tksuy dk;kZy;] dkuiqj

(iii) Hkfo";&fuf/k lgk;d vk;qDr

(iv) izorZu vf/kdkjh

11-

(i) dsUnzh; Hkfo";&fuf/k vij vk;qDr

deZpkjh Hkfo";&fuf/k laxBu dk

if'peh caxky] >kj[kaM] vle]

(ii) izknsf'kd Hkfo";&fuf/k vk;qDr

tksuy dk;kZy;] dksydkrk

v:.kkpy izns'k] ukxkySaM]

(iii) Hkfo";&fuf/k lgk;d vk;qDr

ef.kiqj] es?kky;] fetksje] f=iqjk]

(iv) izorZu vf/kdkjh

flfDde jkT; rFkk vaneku vkSj

fudksckj }hi lewg la?k jkT; {ks=

12-

(i) izknsf'kd Hkfo";&fuf/k vk;qDr

deZpkjh Hkfo";&fuf/k laxBu dk

jk"Vªh; jkt/kkuh jkT; {ks= fnYyh

(ii) Hkfo";&fuf/k lgk;d vk;qDr

izknsf'kd @ mi&dk;kZy;] jk"Vªh;

(iii) izorZu vf/kdkjh

jkt/kkuh jkT; {ks= fnYyh

13-

(i) izknsf'kd Hkfo";&fuf/k vk;qDr

vka/kz izns'k jkT; vkSj iqMqpsjh la?k

vka/kz izns'k jkT; vkSj iqMqpsjh la?k

(ii) Hkfo";&fuf/k lgk;d vk;qDr

jkT; {ks= ds ;eu {ks= esa deZpkjh

jkT; {ks= dk ;ue {ks=

(iii) izorZu vf/kdkjh

Hkfo";&fuf/k laxBu dk izknsf'kd@

mi&izknsf'kd dk;kZy;

14-

(i) izknsf'kd Hkfo";&fuf/k vk;qDr

vle] v:.kky; izns'k] ukxkySa.M]

vle] v:.kkpy izns'k] ukxkySaM]

(ii) Hkfo";&fuf/k lgk;d vk;qDr

ef.kiqj] es?kky;] fetksje vkSj

ef.kiqj] es?kky; fetksje vkSj

(iii) izorZu vf/kdkjh

f=iqjk jkT;ksa esa deZpkjh Hkfo";&

f=iqjk jkT;

fuf/k laxBu ds izknsf'kd@mi&

izknsf'kd dk;kZy;

15-

(i) izknsf'kd Hkfo";&fuf/k vk;qDr

fcgkj jkT; esa deZpkjh Hkfo";&

fcgkj jkT;

(ii) Hkfo";&fuf/k lgk;d vk;qDr

fuf/k laxBu ds izknsf'kd@ mi&

(iii) izorZu vf/kdkjh

izknsf'kd dk;kZy;

16-

(i) izknsf'kd Hkfo";&fuf/k vk;qDr

NÙkhlx<+ jkT; esa deZpkjh

NÙkhlx<+ jkT;

(ii) Hkfo";&fuf/k lgk;d vk;qDr

Hkfo";&fuf/k laxBu ds

(iii) izorZu vf/kdkjh

izknsf'kd @ mi&izknsf'kd

dk;kZy;

17-

(i) izknsf'kd Hkfo";&fuf/k vk;qDr

xksok jkT; esa deZpkjh Hkfo";&

xksok jkT;

(ii) Hkfo";&fuf/k lgk;d vk;qDr

fuf/k laxBu ds izknsf'kd@mi&

(iii) izorZu vf/kdkjh

izknsf'kd dk;kZy;

18-

(i) izknsf'kd Hkfo";&fuf/k vk;qDr

xqtjkr jkT; vkSj ne.k vkSj

xqtjkr jkT; vkSj ne.k vkSj

(ii) lgk;d Hkfo";&fuf/k vk;qDr

nho rFkk nknjk vkSj ukxj gosyh

nho rFkk nknjk vkSj ukxj gosyh

(iii) izorZu vf/kdkjh

la?k jkT; {ks= esa deZpkjh Hkfo";&

la?k jkT; {ks=

fuf/k laxBu ds izknsf'kd@mi&

izknsf'kd dk;kZy;

19-

(i) izknsf'kd Hkfo";&fuf/k vk;qDr

gfj;k.kk jkT; esa deZpkjh Hkfo";&

gfj;k.kk jkT;

(ii) Hkfo";&fuf/k lgk;d vk;qDr

fuf/k laxBu ds izknsf'kd@mi&

(iii) izorZu vf/kdkjh

izknsf'kd dk;kZy;

¼1½

¼2½

¼3½

¼4½

1482

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

20-

(i) izknsf'kd Hkfo";&fuf/k vk;qDr

fgekpy izns'k jkT; deZpkjh

fgekpy izns'k

(ii) Hkfo";&fuf/k lgk;d vk;qDr

Hkfo"; fuf/k laxBu ds izknsf'kd@

(iii) izorZu vf/kdkjh

mi&izknsf'kd dk;kZy;

21-

(i) izknsf'kd Hkfo";&fuf/k vk;qDr

>kj[kaM jkT; esa deZpkjh Hkfo";

>kj[kaM jkT;

(ii) Hkfo";&fuf/k lgk;d vk;qDr

fuf/k laxBu ds izknsf'kd @ mi&

(iii) izorZu vf/kdkjh

izknsf'kd dk;kZy;

22-

(i) izknsf'kd Hkfo";&fuf/k vk;qDr

dukZVd jkT; esa deZpkjh Hkfo";&

dukZVd jkT;

(ii) Hkfo";&fuf/k lgk;d vk;qDr

fuf/k laxBu ds izknsf'kd@ mi&

(iii) izorZu vf/kdkjh

izknsf'kd dk;kZy;

23-

(i) izknsf'kd Hkfo";&fuf/k vk;qDr

dsjy jkT;] y{k}hi la?k jkT; {ks=

dsjy jkT;] y{k}hi la?k jkT; {ks=

(ii) Hkfo";&fuf/k lgk;d vk;qDr

vkSj ,oa iqMqpsjh la?k jkT;

vkSj iqMqpsjh la?k jkT; {ks= dk

(iii) izorZu vf/kdkjh

{ks= esa deZpkjh Hkfo";&fuf/k laxBu

ekgs {ks=

ds izknsf'kd@ mi& izknsf'kd dk;kZy;

24-

(i) izknsf'kd Hkfo";&fuf/k vk;qDr

e/; izns'k jkT; esa deZpkjh

e/; izns'k jkT;

(ii) Hkfo";&fuf/k lgk;d vk;qDr

Hkfo";&fuf/k laxBu ds

(iii) izorZu vf/kdkjh

izknsf'kd@mi& izknsf'kd dk;kZy;

25-

(i) izknsf'kd Hkfo";&fuf/k vk;qDr

egkjk"Vª jkT; esa deZpkjh Hkfo";&

egkjk"Vª jkT;

(ii) Hkfo";&fuf/k lgk;d vk;qDr

fuf/k laxBu ds izknsf'kd mi&

(iii) izorZu vf/kdkjh

izknsf'kd dk;kZy;

26-

(i) izknsf'kd Hkfo";&fuf/k vk;qDr

vksfM'kk jkT; esa deZpkjh Hkfo";&

vksfM'kk jkT;

(ii) Hkfo";&fuf/k lgk;d vk;qDr

fuf/k laxBu ds izknsf'kd@mi&

(iii) izorZu vf/kdkjh

izknsf'kd dk;kZy;

27-

(i) izknsf'kd Hkfo";&fuf/k vk;qDr

iatkc jkT; vkSj paMhx<+ la?k

iatkc jkT; vkSj paMhx<+ la?k

(ii) Hkfo";&fuf/k lgk;d vk;qDr

jkT; {ks= esa deZpkjh Hkfo";&

jkT; {ks=

(iii) izorZu vf/kdkjh

fuf/k laxBu ds izknsf'kd@mi&izknsf'kd

dk;kZy;

28-

(i) izknsf'kd Hkfo";&fuf/k vk;qDr

jktLFkku jkT; esa deZpkjh

jktLFkku jkT;

(ii) Hkfo";&fuf/k lgk;d vk;qDr

Hkfo";&fuf/k laxBu ds

(iii) izorZu vf/kdkjh

izknsf'kd@mi&izknsf'kd dk;kZy;

29-

(i) izknsf'kd Hkfo";&fuf/k vk;qDr

rfeyukMq jkT; rFkk ekgs vkSj

rfeyukMq jkT; rFkk ekgs vkSj

(ii) Hkfo";&fuf/k lgk;d vk;qDr

;ue {ks=ksa dks NksM+dj iqMqpsjh

;ue {ks=ksa ds flok; iqMqpsjh

(iii) izorZu vf/kdkjh

la?k jkT; {ks= esa deZpkjh Hkfo";&

la?k jkT; {ks=

fuf/k laxBu ds izknsf'kd&mi&

izknsf'kd dk;kZy;

30-

(i) izknsf'kd Hkfo";&fuf/k vk;qDr

mÙkjk[kaM jkT; esa deZpkjh

mÙkjk[kaM jkT;

(ii) Hkfo";&fuf/k lgk;d vk;qDr

Hkfo";&fuf/k laxBu ds

(iii) izorZu vf/kdkjh

izknsf'kd@mi&izknsf'kd dk;kZy;

31-

(i) izknsf'kd Hkfo";&fuf/k vk;qDr

mÙkj izns'k jkT; esa deZpkjh

mÙkj izns'k jkT;

(ii) Hkfo";&fuf/k lgk;d vk;qDr

Hkfo";&fuf/k laxBu ds

(iii) izorZu vf/kdkjh

izknsf'kd@mi&izknsf'kd dk;kZy;

¼1½

¼2½

¼3½

¼4½

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1483

32-

(i) izknsf'kd Hkfo";&fuf/k vk;qDr

flfDde] if'peh caxky

flfDde] if'peh caxky jkT;ksa rFkk

(ii) Hkfo";&fuf/k lgk;d vk;qDr

vaneku vkSj fudksckj }hi

jkT;ksa rFkk vaneku vkSj fudksckj

(iii) izorZu vf/kdkjh

lewg la?k jkT;{ks= esa deZpkjh

}hi lewg la?k jkT;{ks=

Hkfo";&fuf/k laxBu ds izknsf'kd@

mi&izknsf'kd dk;kZy;

33-

(i) izknsf'kd Hkfo";&fuf/k vk;qDr

rsyaxkuk jkT; esa deZpkjh Hkfo";&

rsyaxkuk jkT;¹

(ii) Hkfo";&fuf/k lgk;d vk;qDr

fuf/k laxBu ds izknsf'kd@mi&

(iii) izorZu vf/kdkjh

izknsf'kd dk;kZy;

¹02-06-2014 ls izHkkoh

[la- ,l&35012@03@2008&,l,l&II]

lqHkk"k dqekj] voj lfpo

New Delhi, the 26th March, 2015

S.O. 629.—In exercise of the powers conferred by sub-section (1) of section 13 of the Employees' Provident Funds

and Miscellaneous Provisions Act, 1952 (19 of 1952) and in supersession of the notification of the Government of India in

the Ministry of Labour and Employment number S.O. 1913 dated the 30th June, 2009, except as respects things done or

omitted to be done before such supersession, the Central Government hereby appoints the officers holding the posts

specified in column (2) of the table below in the office specified in column (3) of the said table to be Inspectors for the area

specified in column (4) thereof, for the purposes of the said Act and the Schemes framed there under in relation to any

establishment belonging to, or under the control of the Central Government or in relation to an establishment connected

with a railway company, a major-port, a mine or an oil-field or a controlled industry or in relation to an establishment having

departments or branches in more than one State, namely:—

S.

Officers

Office

Area

No.

(1)

(2)

(3)

(4)

1.

(i) Central Provident Fund Commissioner

Employees' Provident Fund

Whole of India except the State of

(ii) Additional Central Provident

Organisation, Head Office, New Delhi.

Jammu and Kashmir.

Fund Commissioner (Compliance)

(iii) Regional Provident Commissioners

(iv) Enforcement Officers

2.

(i) Additional Central Provident Fund

Zonal Office of Employees' Provident

The States of Andhra Pradesh,

Commissioner

Fund Organisation, Hyderabad

Telangana, Odisha and the Yanam

(ii) Regional Provident Commissioners

.

area of the Union Territory and

(iii) Assistant Provident Fund Commissioners

Puducherry.

(iv) Enforcement Officers

3.

(i) Additional Central Provident

Zonal Office of Employees' Provident

The National Capital Territory of

Fund Commissioner

Fund Organisation, Delhi.

Delhi and the State of Uttarakhand.

(ii) Regional Provident Commissioners

(iii) Assistant Provident Fund Commissioners

(iv) Enforcement Officers

4.

(i) Additional Central Provident

Zonal Office of Employees' Provident

The States of Maharashtra and

Fund Commissioner

Fund Organisation, Mumbai

Chattisgarh.

(ii) Regional Provident Commissioners

(iii) Assistant Provident Fund Commissioners

(iv) Enforcement Officers

5.

(i) Additional Central Provident Fund

Zonal Office of Employees'

The States of Gujarat, Madhya Pradesh,

Commissioner

Provident Fund Organisation,

and Union Territories of Daman and

(ii) Regional Provident Commissioners

Ahmedabad.

Diu and Dadra and Nagar Haveli.

(iii) Assistant Provident Fund Commissioners

(iv) Enforcement Officers

6.

(i) Additional Central Provident Fund

Zonal Office of Employees' Provident

The States of Haryana and Rajasthan.

Commissioner

Fund Organisation, Faridabad.

(ii) Regional Provident Commissioners

(iii) Assistant Provident Fund Commissioners

(iv) Enforcement Officers

¼1½

¼2½

¼3½

¼4½

1484

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

7.

(i) Additional Central Provident

Zonal Office of Employees'

The States of Karnataka and

Fund Commissioner

Provident Fund

Goa.

(ii) Regional Provident Commissioners

Organisation, Bangalore.

(iii) Assistant Provident Fund Commissioners

(iv) Enforcement Officers

8.

(i) Additional Central Provident

Zonal Office of Employees' Provident

The States of Punjab, Himachal Pradesh

Fund Commissioner

Fund Organisation, Chandigarh.

and the Union Territory of Chandigarh.

(ii) Regional Provident Commissioners

(iii) Assistant Provident Fund Commissioners

(iv) Enforcement Officers

9.

(i) Additional Central Provident

Zonal Office of Employees'

The States of Tamil Nadu, Kerala,

Fund Commissioner

Provident Fund Organisation,

and Union Territories of

(ii) Regional Provident Commissioners

Chennai.

Lakshadweep, Puducherry except

(iii) Assistant Provident Fund Commissioners

Yanam area.

(iv) Enforcement Officers

10.

(i) Additional Central Provident

Zonal Office of Employees'

The States of Uttar Pradesh and

Fund Commissioner

Provident Fund Organisation,

Bihar.

(ii) Regional Provident Commissioners

Kanpur.

(iii) Assistant Provident Fund Commissioners

(iv) Enforcement Officers

11.

(i) Additional Central Provident

Zonal Office of Employees'

The States of West Bengal,

Fund Commissioner

Provident Fund Organisation,

Jharkhand, Assam, Arunanchal

(ii) Regional Provident Commissioners

Kolkatta.

Pradesh, Nagaland, Manipur,

(iii) Assistant Provident Fund Commissioners

Meghalaya, Mizoram, Tripura,

(iv) Enforcement Officers

Sikkim and Union Territory of

Andaman and Nicobar Islands.

12.

(i) Regional Provident

Regional/Sub-Regional Offices

The National Capital

Fund Commissioners

of the Employees' Provident

Territory of Delhi.

(ii) Assistant Provident

Fund Organisation in the State

Fund Commissioners

of the National Capital

(iii) Enforcement Officers

Territory of Delhi.

13.

(i) Regional Provident

Regional/Sub-Regional Offices

The State of Andhra

Fund Commissioners

of the Employees' Provident

Pradesh and the

(ii) Assistant Provident

Fund Organisation in the State

Yanam area of the

Fund Commissioners

of Andhra Pradesh and the

Union Territory of

(iii) Enforcement Officers

Yanam area of the Union

Puducherry.

Territory of Puducherry.

14.

(i) Regional Provident

Regional/Sub-Regional Offices

The States of Assam,

Fund Commissioners

of the Employees' Provident

Arunachal Pradesh,

(ii) Assistant Provident

Fund Organisation in the

Nagaland, Manipur,

Fund Commissioners

States of Assam, Arunachal

Meghalaya, Mizoram

(iii) Enforcement Officers

Pradesh, Nagaland, Manipur,

and Tripura.

Meghalaya, Mizoram and Tripura.

15.

(i) Regional Provident

Regional/Sub-Regional Offices

The State of Bihar.

Fund Commissioners

of the Employees' Provident

(ii) Assistant Provident

Fund Organisation in the State

Fund Commissioners

of Bihar.

(iii) Enforcement Officers

16.

(i) Regional Provident

Regional/Sub-Regional Offices

The State of

Fund Commissioners

of the Employees' Provident

Chhattisgarh.

(ii) Assistant Provident

Fund Organisation in the State

Fund Commissioners

of Chhattisgarh.

(iii) Enforcement Officers

17.

(i) Regional Provident

Regional/Sub-Regional Offices

The State of Goa.

Fund Commissioners

of the Employees' Provident

(ii) Assistant Provident

Fund Organisation in the State

Fund Commissioners

of Goa.

(iii) Enforcement Officers

18.

(i) Regional Provident

Regional/Sub-Regional Offices

The State of Gujarat

Fund Commissioners

of the Employees' Provident

and Union Territories

(ii) Assistant Provident

Fund Organisation in the State

of Daman and Diu and

Fund Commissioners

of Gujarat and Union Territories

Dadra and Nagar

(iii) Enforcement Officers

of Daman and Diu and Dadra

Haveli.

and Nagar Haveli.

(1)

(2)

(3)

(4)

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 28] 2015@pS=k 7] 1937

1485

19.

(i) Regional Provident Fund

Regional/Sub-Regional Offices

The State of Haryana.

Commissioners

of the Employees' Provident Fund

(ii) Assistant Provident Fund Commissioners

Organisation in the State of Haryana.

(iii) Enforcement Officers

20.

(i) Regional Provident

Regional/Sub-Regional Offices

The State of Himachal Pradesh.

Fund Commissioners

of the Employees' Provident

(ii) Assistant Provident

Fund Organisation in the State

Fund Commissioners

of Himachal Pradesh.

(iii) Enforcement Officers

21.

(i) Regional Provident

Regional/Sub-Regional Offices

The State of Jharkhand.

Fund Commissioners

of the Employees' Provident

(ii) Assistant Provident

Fund Organisation in the State

Fund Commissioners

of Jharkhand.

(iii) Enforcement Officers

22.

(i) Regional Provident

Regional/Sub-Regional Offices

The State of Karnataka.

Fund Commissioners

of the Employees' Provident

(ii) Assistant Provident

Fund Organisation in the State

Fund Commissioners

of Karnataka.

(iii) Enforcement Officers

23.

(i) Regional Provident

Regional/Sub-Regional Offices

The State of Kerala, the

Fund Commissioners

of the Employees' Provident

Union Territory of

(ii) Assistant Provident

Fund Organisation in the State

Lakshadweep and the

Fund Commissioners

of Kerala, the Union

Mahe area of the Union

(iii) Enforcement Officers

Territory of Lakshadweep and in the

Territory of Puducherry.

Mahe area of the Union Territory of

Puducherry.

24.

(i) Regional Provident

Regional/Sub-Regional Offices

The State of Madhya

Fund Commissioners

of the Employees' Provident

Pradesh.

(ii) Assistant Provident

Fund Organisation in the State

Fund Commissioners

of Madhya Pradesh.

(iii) Enforcement Officers

25.

(i) Regional Provident

Regional/Sub-Regional Offices

The State of

Fund Commissioners

of the Employees' Provident

Maharashtra.

(ii) Assistant Provident

Fund Organisation in the State

Fund Commissioners

of Maharashtra.

(iii) Enforcement Officers

26.

(i) Regional Provident

Regional/Sub-Regional Offices

The State of Odisha.

Fund Commissioners

of the Employees' Provident

(ii) Assistant Provident

Fund Organisation in the State

Fund Commissioners

of Odisha.

(iii) Enforcement Officers

27.

(i) Regional Provident

Regional/Sub-Regional Offices

The State of Punjab and

Fund Commissioners

of the Employees' Provident

Union Territory of

(ii) Assistant Provident

Fund Organisation in the State

Chandigarh.

Fund Commissioners

of Punjab and Union

(iii) Enforcement Officers

Territory of Chandigarh.

28.

(i) Regional Provident

Regional/Sub-Regional Offices

The State of Rajasthan.

Fund Commissioners

of the Employees' Provident

(ii) Assistant Provident

Fund Organisation in the State

Fund Commissioners

of Rajasthan.

(iii) Enforcement Officers

29.

(i) Regional Provident

Regional/Sub-Regional Offices

The State of Tamil

Fund Commissioners

of the Employees' Provident

Nadu and the Union

(ii) Assistant Provident

Fund Organisation in the State

Territory of Puducherry

Fund Commissioners

of Tamil Nadu and the

except the Mahe and

(iii) Enforcement Officers

Union Territory of Puducherry

Yanam areas.

except the Mahe and Yaman areas.

30.

(i) Regional Provident

Regional/Sub-Regional Offices

The State of

Fund Commissioners

of the Employees' Provident

Uttarakhand.

(ii) Assistant Provident

Fund Organisation in the State

Fund Commissioners

of Uttarakhand.

(iii) Enforcement Officers

(1)

(2)

(3)

(4)

1486

THE GAZETTE OF INDIA : MARCH 28, 2015/CHAITRA 7, 1937

[PART II—SEC. 3(ii)]

31.

(i) Regional Provident

Regional/Sub-Regional Offices

The State of Uttar Pradesh.

Fund Commissioners

of the Employees' Provident

(ii) Assistant Provident

Fund Organisation in the State

Fund Commissioners

of Uttar Pradesh.

(iii) Enforcement Officers

32.

(i) Regional Provident

Regional/Sub-Regional Offices

The State of Sikkim,

Fund Commissioners

of the Employees' Provident

West Bengal and Union

(ii) Assistant Provident

Fund Organisation in the States

Territory of Andaman

Fund Commissioners

of Sikkim, West Bengal

and Nicobar Islands.

(iii) Enforcement Officers

and Union Territory of Andaman

and Nicobar Islands.

33.

(i) Regional Provident

Regional/Sub-Regional Offices

The State of

Fund Commissioners

of the Employees' Provident

Telangana*

(ii) Assistant Provident

Fund Organisation in the State

Fund Commissioners

of Telangana.

(iii) Enforcement Officers

*w.e.f. 02.06.2014

[No. S-35012/03/2008-SS-II]

SUBHASH KUMAR, Under Secy.

(1)

(2)

(3)

(4)

Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi.110064

and Published by the Controller of Publications, Delhi.110054.