ekuo lalk/ku fodkl ea=ky;

¼mPprj f'k{kk foHkkx½

¼jktHkk"kk ;wfuV½

ubZ fnYyh] 5 ebZ] 2015

dk-vk- 986-—dsUnzh; ljdkj] jktHkk"kk ¼la?k ds 'kkldh;

iz;kstuksa ds fy, iz;ksx½ fu;e] 1976 ds fu;e 10 ds mi fu;e 4 ds

vuqlj.k esa] ekuo lalk/ku fodkl ea=ky; ¼mPprj f'k{kk foHkkx½

ds varxZr nf{k.k fcgkj dsanzh; fo'ofo|ky;] gkml lañ 16@13] okMZ

lañ 9,] U;w ,fj;k] 38] chlj] x;k&823001 ¼fcgkj½ dks ,sls dk;kZy;

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

dk;Zlk/kd Kku izkIr dj fy;k gS] vf/klwfpr djrh gSA

[lañ 11011&2@2015&jkñHkkñ,ñ]

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

MINISTRY OF HUMAN RESOURCE DEVELOPMENT

(Department of Higher Education)

(O.L. UNIT)

New Delhi, the 5th May, 2015

S.O. 986.—In pursuance of sub-rule (4) of rule 10 of

the Official Languages (Use for Official Purposes of the

Union) Rules, 1976, the Central Government hereby notifies

the Central University of South Bihar, House No. 16/13,

Ward No. 9A, New Area, 38, Bisar Gaya-823001 (BIHAR)

under the Ministry of Human Resource Development,

(Department of Higher Education) as office, whose more

than 80% members of the staff have acquired working

knowledge of Hindi.

[No. 11011-2/2015-O.L.U.]

SUKHBIR SINGH SANDHU, Jt. Secy.

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- 20]

ubZ fnYyh] ebZ 10—ebZ 16] 2015] 'kfuokj@oS'kk[k 20—oS'kk[k 26] 1937

No. 20]

NEW DELHI, MAY 10—MAY 16, 2015, SATURDAY/VAISAKHA 20—VAISAKHA 26, 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)

1975 GI/2015

(2131)

2132

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

d`f"k ea=ky;

¼d`f"k ,oa lgdkfjrk foHkkx½

ubZ fnYyh] 11 ebZ] 2015

dk-vk- 987-—cgq jkT; lgdkjh lfefr vf/kfu;e] 2002

¼2002 dk 39½ ds [kaM 4 ds mi&[kaM ¼i½ }kjk iznÙk 'kfDr;ksa dk

iz;ksx djrs gq, vkSj Hkkjr ljdkj dh vf/klwpuk lañ ,y&11012@

2@2003&,y ,.M ,e fnukad 20 twu] 2014 ds vf/kØe.k esa dsanz

ljdkj ,rn}kjk Jh vk'kh"k dqekj HkqVkuh] la;qDr lfpo ¼lgdkfjrk½

dks d`f"k ea=ky;] d`f"k ,oa lgdkfjrk foHkkx esa rRdky izHkko ls

vFkok vxys vkns'kksa rd lgdkjh lfefr;ksa ds dsanzh; iath;d ds

:i esa fu;qDr djrh gSA

[lañ ,y&11012@2@2003&,y ,.M ,e]

fnus'k dqekj] voj lfpo

MINISTRY OF AGRICULTURE

(Department of Agriculture and Cooperation)

New Delhi, the 11th May, 2015

S.O. 987.—In exercise of the powers conferred vide

sub-section (1) of Section 4 of the Multi-State Cooperative

Societies Act, 2002 (39 of 2002) and in supersession of the

Government of India Notification No. L-11012/2/2003-L&M

dated 20th June, 2014, the Central Government hereby

appoints Dr. Ashish Kumar Bhutani, Joint Secretary

(Cooperation) in the Ministry of Agriculture, Department

of Agriculture & Cooperation, as the Central Registrar of

Cooperative Societies with immediate effect and until

further orders. (Hindi version follows).

[No. L-11012/2/2003-L&M]

DINESH KUMAR, Under Secy.

;qok dk;ZØe vkSj [ksy ea=ky;

ubZ fnYyh] 11 ebZ] 2015

dk-vk- 988-—dsUnzh; ljdkj ,rn}kjk jktHkk"kk ¼la?k ds

'kkldh; iz;kstuksa ds fy, iz;ksx½ fu;e 1976 ds fu;e 10 ds mi

fu;e ¼4½ ds vuqlj.k esa ;qok dk;ZØe vkSj [ksy ea=ky; ds Lok;Ùk

dk;kZy; Hkkjrh; [ksy izkf/kdj.k izf'k{k.k dsanz] tks/kiqj] jktLFkku]

ftlds 80% ls vf/kd deZpkjhc`an us fganh dk dk;Zlk/kd Kku izkIr

dj fy;k gS] dks vf/klwfpr djrh gSA

[fe lañ 11011@2@2008&fgñ,ñ]

,lñ ,yñ ehuk] mi lfpo

MINISTRY OF YOUTH AFFAIRS AND SPORTS

New Delhi, the 11th May, 2015

S.O. 988.—In pursuance of sub rule (4) of Rule of

10 of Official Language (use for official purpose of the

Union) Rule 1976, the Central Government hereby notifies

Sports Authority of India Training Centre, Jodhpur,

Rajasthan, an Autonomous office of Ministry of Youth

Affairs & Sports, whereof more than 80% staff have acquired

working knowledge of Hindi.

[F.No. E-11011/2/2008-H.U.]

S. L. MEENA, Dy. Secy.

Je ,oa jkstxkj ea=ky;

ubZ fnYyh] 23 fnlEcj] 2014

dk-vk- 989-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dsUnzh; Hk.Mkj.k

fuxe] iapdqyk 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 ,oa Je U;k;ky; 1 paMhx<+ ds iapkV ¼lanHkZ la[;k

277@2013½ izdkf'kr djrh gS tks dsUnzh; ljdkj dks 22@12@2014

dks izkIr gqvk FkkA

[lañ ,y&42012@171@2013&vkbZ vkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] MsLd vf/kdkjh

MINISTRY OF LABOUR AND EMPLOYMENT

New Delhi, the 23rd December, 2014

S.O. 989.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D. No. 277/2013)

of the Central Government Industrial Tribunal-Cum-Labour

Court No. 1, Chandigarh now as shown in the Annexure in

the Industrial Dispute between the employers in relation to

the management of the Central Warehousing Corporation,

Panchkula and their workman, which was received by the

Central Government on 22/12/2014.

[No. L-42012/171/2013-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE SHRI SURENDRA PRAKASH SINGH,

PRESIDING OFFICER, CENTRAL GOVT.

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-I,

CHANDIGARH

Case No. ID No. 277 of 2013, Reference no. L-42012/171/

2013/IR (DU) dated 26.2.2014

Sh. Satta Ram son of Shri banarsi Ram,

Village & PO Mohal Khera,

Tehsil Narwana, Jind (Haryana).

....Workman

Versus

1.

The Regional Manager,

Central Warehousing Corporation,

Chandigarh Region,

Bay No. 35-38, Sector-4,

Panchkula (Haryana)-134112

....Respondent

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2133

Appearances :

For the Workman

:

None.

For the Management

:

Shri N.K. Zakhmi.

AWARD

Passed on: 15.12.2014

Government of India Ministry of Labour vide

notification No. L-42012/171/2013/IR (DU) dated 26.2.2014

has referred the following dispute to this Tribunal for

adjudication:

Term of Reference:

"Whether the action of the Management of Regional

Manager, CWC, Panchkula in terminating the

services of Sh. Satta Ram son of Shri Banarsi Ram

workman of Narwana Depot is just and legal? If not,

to what relief the workman is entitled to?

2. Case repeatedly called. None appeared for the

workman nor any claim statement has been filed. As per

record already three opportunities have been allowed to

file claim statement. None appeared on behalf of the

workman despite notice. It appears that the workman is not

interested to pursue the present reference. In view of the

above the present reference is disposed off for want of

prosecution.

3. Reference is disposed off accordingly. Central

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

to the Central Govt. for publication.

Chandigarh.

15.12.2014

S.P. SINGH, Presiding Officer

ubZ fnYyh] 5 ebZ] 2015

dk-vk- 990-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa ,aMªw ;wy daiuh fyfeVsM 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 ,oa

Je U;k;ky; psUubZ ds iapkV ¼lanHkZ la[;k 80@2013½ izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 01@05@2015 dks izkIr gqvk FkkA

[lañ ,y&42011@83@2013&vkbZ vkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] MsLd vf/kdkjh

New Delhi, the 5th May, 2015

S.O. 990.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D. No. 80/2013)

of the Central Government Industrial Tribunal-Cum-Labour

Court, Chennai now as shown in the Annexure in the

Industrial Dispute between the employers in relation to the

management of the Andrew Yule Company Ltd. and their

workman, which was received by the Central Government

on 01/05/2015.

[No. L-42011/83/2013-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Wednesday, the 22nd April, 2015

Present:

K. P. PRASANNA KUMARI,

Presiding Officer

Industrial Dispute No. 80/2013

(In the matter of the dispute for adjudication under clause

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

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

Management of Andrew Yule and Company Ltd. and their

workman)

BETWEEN

The General Secretary

:

1st Party/Petitioner Union

Andrew Yule Staff and

Workers Union

1, Rajiv Gandhi Road,

Kandanchavadi, Chennai-600096

AND

1.

The General Manager

:

2nd Party/1st Respondent

M/s Andrew Yule and

Company Ltd.

5/346, Rajiv Gandhi Salai

(Old Mahabalipuram Rd.)

Perungudi

Chennai-600096

2.

The Director

: 2nd Party/2nd Respondent

(Personnel)

M/s Andrew Yule & Company Ltd.

8, Dr. Rajendra Prasad Sarani

Kolkata-700001

Appearance:

For the 1st Party/

: M/s N. Ajoy Khose, Advocates

Petitioner Union

For the 2nd Party/1st

: M/s T.S. Gopalan & Co.

and 2nd Management

Advocates

AWARD

The Central Government, Ministry of Labour &

Employment vide its Order No. L-42011/83/2013-IR(DU)

dated 25.07.2013 referred the following Industrial Dispute

to his tribunal for adjudication.

The schedule mentioned in that order is:

"Whether the transfer of Sri P. Soundararajan by

M/s. Andrew Yule and Company Ltd. from Perungudi

factory, Chennai to Kalyani Works, Kolkata is legal

and justified? To what relief the workman is entitled

to?

2134

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

2. On receipt of the Industrial Dispute this Tribunal

has numbered it as ID 80/2013 and issued notices to both

sides. Both sides have entered appearance through their

counsel and have filed their claim and counter statement

respectively. The petitioner has filed rejoinder in reply to

the Counter Statement.

3. The contention in the Claim Statement filed by the

petitioner in brief are these:

M/s. Transformer and Switchgear Ltd., a factory at

Adyar run by private management was taken over by

Andrew Yule and Company, the Second Respondent, a

Government of India Undertaking, in the year 1987. A factory

was later started at Perungudi. Now the Adyar factory is

closed and the entire manufacturing activities are shifted

to Perungudi factory. When the factory was under the

private management the conditions of service of the

workmen were governed by Certified Standing Orders of

the then Management. Even after the factory was taken

over by the Government of India the workmen continued

to be governed by the same Certified Standing Orders.

Soundararajan who is the Secretary of the Petitioner Union

has entered service of the First Respondent as a Machinist

(Trainee) Earlier he was a member of the Union affiliated to

CITU. He has always been fighting for the cause and welfare

of the workmen. He was fighting against the policies and

management of the officials if the same were against the

interests of the Company. This was not liked by the

Management. The Management issued an order on

16.05.2011 transferring Soundararajan from Chennai to the

factory at Kalyani at West Bengal. Soundararajan filed Writ

Petition in the High Court of Madras and the order of

transfer was stayed by the High Court. Soundararajan later

withdrew the Writ Petition.

The Petitioner Union took up the issue with regard

to transfer and raised dispute before the Labour

Commissioner. There is no provision for transfer in the

Certified Standing Orders. So the transfer order is issued

without any authority and is illegal. Though the Second

Respondent has submitted a draft Stadning Order for

amendment including a clause for transfer, the same was

not certified. The clause regarding transfer in the

Appointment Order is inoperative in the absence of any

provision in the Certified Standing Orders. The Certified

Standing Orders will prevail over the Appointment Order.

The Chennai factory where Soundararajan, the concerned

workman has been working is under Electrical Division

whereas the factory to which he is sought to be transferred

is under the Engineering Division. In the Winding

Department where the concerned workman was employed,

24 employees are required. However only 16 employees

are working in the said department. When there is shortage

of manpower in the department, there was no reason to

transfer the workman concerned. the wages and conditions

of service in Chennai factory and the factory at Kalyani are

totally different. So there could not have been a transfer

without issuing notice under Section-9A of the ID Act.

The concerned workman could not have been transferred

without his consent also. the transfer amounts to unfair

labour practice in the absence of any provision for the

same. The transfer order is illegal for the above reasons.

An order may be passed holding that the action of the

Respondents in trasnferring Soundararajan is illegal and

unjustified and also directing the Respondents to permit

him to continue in service at Chennai unit with continuity

of service, back wages and other benefits.

4. The Respondents have filed Counter Statement

contending as below:

The cause of the concerned workman was not

espoused by a substantial section of the workmen of the

establishment. The concerned workman was working as a

Turner-cum-Mechanist in Switchgear Operations in Adyar

factory. On closure of Adyar factory in the year 2008 the

concerned workman was shifted to Perungudi factory where

his service as Mechanist could not be utilized. He was

assigned the work of a Helper to assist the Winder in the

Transformer Operations solely to protect his employment.

The concerned workman who had contested election of

CITU in 2008 did not get elected and since then he had

resorted to confrontational attitude towards the

management. He became a member of the Petitioner Union

and got elected as the Secretary. He started showing total

defiance to the Management and was never amenable to

any discipline. He created a very chaotic and tense situation

in the factory which led to suspension of operation of the

factory from 18.01.2010. During the period of suspension

of operation a long term settlement was concluded.

On 31.12.2010 the concerned workman forcibly

brought one Ramesh, an employee who was proceeded

with by way of disciplinary action inside the factory and

disrupted the normal functioning of the factory. He never

remained in the place of his work. He used to pick up

altercation with the Engineers. He was not allowing the

external security system to carry out the checking of

employees at the factory gate. Often work was interrupted

because of the interference of the concerned workman.

The presence and absence of workman used to make all

the difference as far as orderly working of the factory was

concerned. In order to deal with the problem of the

concerned workman the Management had no option than

to take recourse to shift his place of work from Chennai to

Kolkata. By order dated 16.5.2011 he was transferred to

Kolkata. It is not a vindictive action nor as an act of

victimization for Trade Union activities. The transfer was

resorted to as there was no other manner by which the

concerned workman could be corrected and made into a

useful workman for productive purpose. It was an exigency

of business. If the concerned workman goes to Kalyani

and works there for a minimum of 150 days, the Respondent

would be willing to consider his re-transfer. Since May

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2135

2011 the factory has been working without any interruption.

An award may be passed upholding the transfer.

5. The petitioner has filed rejoinder denying the

allegations made against him in the Counter Statement and

reiterating his case in the Claim Statement.

6. The evidence in the case consists of oral evidence

of WW1 and WW2 and MWs 1 to 3 and documentary

evidence consisting of Ext. W1 to Ext. W27 and Ext. M1 to

Ext. M50.

7. The points for consideration are:

(i) Whether the action of the Management in

transferring Soundararajan from the factory at

Perungudi, Chennai to Kalyani, Kolkata is legal

and justified?

(ii) What is the relief, if any, to which Soundararajan

is entitled?

The Points

8. Soundararajan the concerned workmen on whose

behalf the dispute is raised was the Secretary of the Petitioner

Union. Initially he had been a member of the Union attached

to CITU. Subsequently, he had became a member of the

Petitioner Union and has been elected as the Secretary of

the Union. The concerned workman who was working in the

factory at Chennai was transferred to the factory at Kalyani,

West Bengal by order dated 16.05.2011. Rather than

proceeding to Kalyani and joining there, the concerned

workman filed a Writ Petition before the Hon'ble High Court

of Madras and obtained stay of operation of order of transfer.

He later withdrew the Writ Petition and the Petitioner Union

raised the dispute on his behalf. The Petitioner has stated in

the Claim Statement that it has taken up the issue regarding

the transfer of Soundararajn, the concerned workman and

had passed a resolution in the General Body Meeting held

on 01.11.2011 and decided to raise the dispute against the

illegal transfer. In the Counter Statement the Respondents

have stated that the cause of the concerned workman was

not espoused by a substantial section of the workmen of the

establishment. It is also stated that the petitioner is to prove

that it is duly authorized in the manner known to law to take

up the cause of the concerned workman and raise an industrial

dispute. However, during the stage of trial the counsel for

the Respondents has endorsed that the objection about the

validity of the industrial dispute on the ground of

incompetence of the Union to raise the dispute is not pressed.

This amounts to admission on the part of the Respondents

that the Petitioner Union has sufficient authority to take up

the cause and raise the dispute.

9. The Respondents have justified the order of

transfer of the concerned workman from Chennai to Kolkata

stating that he was perennially creating problems in the

factory at Chennai and even the work of the factory used

to get interrupted because of the problems created by him.

The stand of the Respondents is that the Management has

the legal authority to transfer the concerned workman

since the Appointment Order itself provides for it. It has

been brought out during cross-examination of WW1 who

is the present General Secretary of the Petitioner Union

that there were other instances of such transfer also. Apart

from questioning the illegally and absence of the necessity

of transfer on other grounds, it is also contended by the

petitioner that the transfer is without any authority in the

absence of any provision for the same in the Certified

Standing Order governing the workmen of the factory. As

could be seen, the factory was originally situated at Adyar

and was under private management. It was taken over by

the Second Respondent, a Govt. of India Undertaking in

the year 1983. Later another factory was started at

Perungudi, Adyar factory was later closed and all the

manufacturing activities were shifted to the factory at

Perungudi. While the factory was under private

management it had a Certified Standing Orders governing

the conditions of service of the workman. According to the

petitioner even though amended standing order was

submitted after the factory was taken over by the Second

Respondent, it was not certified and the Certified Standing

Order of the factory while under private management

prevailed even after it was taken over by the Government.

It is not disputed by the Respondents that after taking

over the Standing Orders was not amended or certified.

MW1 who is an Officer of the Second Respondent has

also stated that the Certified Standing Orders, now

applicable is the one which was existing even before the

Respondent was taken over by the Government.

10. The Contention that is raised by the petitioner

with reference to the Standing orders is that there is no

provision in the Certified Standing orders which is

applicable to the concerned workman for transfer of a

workman and therefore the Respondents have no authority

to transfer him at all. In fact it is on the basis of the clause

in Ext.W2 the appointment order that the Respondents are

contending that they have the power of transfer. Clause-5

of the Appointment Order states that the concerned

workman is liable for transfer to any of the Company's

units or subsidiaries or associated companies anywhere in

India. Admittedly, there is no provision for transfer of a

workman in the Ext.W15—the Certified Standing orders of

the Second Respondent establishment. The counsel for

the Respondents tried to justify the order of transfer stating

that Tamil Nadu Industrial Employment Standing Order

Rules under which Ext.W15 is certified does not provide

for transfer and so there is no illegality in providing for

transfer in the Appointment Order and transferring the

employee on the basis of it. After the establishment was

taken over by a Government of India Undertaking the

Industrial Employment Standing Order Central Rules would

have been applicable and the Respondents could have

provided for transfer by amending the Standing Orders

2136

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

since the Central Rules provide for transfer. However, this

was not done. Section-3(2) of the Industrial Employment

(Standing Orders) Act states that provisions shall be made

in the draft Standing Order for every matter set out in the

schedule which may be applicable to the Industrial

establishment and where model Standing Orders have been

prescribed, shall be, so far as practicable in conformity

with such model. The counsel for the Respondents has

referred to Section-12(A) of the Standing Orders which

states that for the period commencing on the date on which

the Act becomes applicable to an industrial establishment

and ending with the date on which the Standing Orders as

finally certified under the Act come into operation the

prescribed Model Standing Order shall be deemed to be

adopted in the establishment. The counsel argued that the

clause in the letter of appointment will prevail in view of

this provision. However, this argument could not be

accepted since there is already a Certified Standing Order

for the establishment. The Apex Court has held in the

decision in WESTERN INDIA MATCH CO. LTD. VS.

WORKMEN reported in 1974 3 SCC 330 that as long as the

Standing Order is in force it is binding on the Company as

well as on the workman. In the establishment referred to in

the above case the Standing Orders provided for probation

of two months while the letter of appointment stated that

the employee will be on probation for a period of six months.

The Apex Court has held that the special agreement by

way of clause in the appointment order is inconsistent

with the Standing Order and he cannot be kept on probation

for six months against what is provided under the Standing

Order. The Apex Court laid down that if a prior agreement

inconsistent with the Standing Orders will not survive, an

agreement posterior to and inconsistent with the Standing

Order should also not prevail. Again, as the employer cannot

enforce two sets of Standing Orders governing the

classification of workmen it is also not open to him to

enforce simultaneously the Standing Orders regulating the

classification of workmen and a special agreement between

him and the individual workman settling his categorization,

it was also held. So in spite of a cluase in Ext.W2 providing

for transfer it was not open to the Respondents to transfer

the concerned workman in the absence of a provision for

the same in the prevailing Certified Standing Orders. For

this reason itself the transfer is illegal.

11. As per Rule-4 of the Industrial Establishment

Standing Orders (Central) Rules, the workman can be

transferred according to exigencies of work from one

department to another or from one station to another or

from one establishment to another under the same employer

provided that the wages, grade, continuity of service and

other conditions of service of the workman are not adversely

affected by such transfer. It is further provided that where

the transfer involves moving from one State to another

such transfer shall take place either with the consent of the

workman or where there is specific provision to that effect

in the letter of appointment and provided also that the

reasonable notice was given to such workman. As already

stated, in the absence of provision in the Standing Orders

the transfer itself is not legal in spite of a provision in the

Appointment Order. For transfer in such a circumstance,

the consent of the concerned workman should have been

obtained. Apparently, no such consent was obtained.

12. It has been contended on behalf of the concerned

workman that service conditions at the transferee

establishment is quite different from what exists in the

establishment at Chennai. It has been pointed out that at

Chennai he has been working in Electrical Department while

he has been transferred to Engineering Department at

Kalyani in Kolkata. In the transfer order, there is certainly a

clause that except as stated in the order the terms and

conditions of employment will remain unaltered. Probably,

this implies that there will be no difference in the pay packet

obtained by the concerned workman. However, there is no

guarantee that there is no change in the other working

conditions at Kolkata. Ext.W-6, the transfer order states

that the workman will be guided by the working hours,

weekly off days, festival and other holidays prevalent at

the factory situated at Kolkata. It is pointed out by the

counsel for the petitioner that as per Schedule-IV of the

Industrial Disputes Act, hours of work and rest intervals,

leave with wages and holidays and classification by grades

are conditions of service for change of which notice is to

be given. There is no assurance in the transfer order that

these conditions of service are protected. MW1 has stated

during his cross-examination that he does not know if wages

payable to workers in West Bengal is different from the

unit at Perungudi. He then stated that the wage conditions

and settlement in other units are different. At Perungudi

unit the concerned workman was working in Grade-V. It is

not stated in the transfer order that he will be put in the

same grade in the factory at Kalyani, Kolkata. At Perungudi

unit transformers are made and the concerned workman

who was a Mechanist was working in the Winding Section.

It is not known whether he can work in the same category

in the Engineering Department at Kalyani. Thus, there is

nothing to show that service conditions were protected on

transfer. A reading of the transfer order spells otherwise. In

spite of that notice under Section-9A of the Industrial

Disputes Act has not been given. It is pertinent to notice

that the workers including the concerned workman were

given such notice even when they were shifted from the

factory at Adyar to Perungudi. The Apex Court has held

consistently that transfer must be to an equivalent post. In

the decision in the TEJSHREE GHAG AND OTHERS VS.

PRAKASH PARSHURAM PATIL AND OTHERS reported

in 2007 6 SCC 220, it has been held that an order of transfer

cannot prejudicially affect the status of an employee in

which case it would be violative of the conditions of service

and thus illegal. It was further held that an executive order

of transfer for unauthorized purpose would amount to

malice in law. In the absence of evidence of transfer having

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2137

been effected to a post with equivalent service conditions

itself it is illegal.

13. In the order to transfer no reason has been given

for transfer. In Ext.W11 the reply filed by the Respondent

before the Assistant Labour Commissioner the stand is

that the transfer is for business exigencies. It is further

stated that on the face of no need of Machinist at the

factory and Sri Soundararajan having resorted to unfair

labour practice by unnecessarily non-complying with the

reasonable instruction of the superior transfer has become

necessary. Thus it could be seen from Ext.W11 that at that

time a vague contention that the transfer is also since the

Machinist is not required at Adyar factory is also put forth.

However, the evidence reveals that it is not the case. After

2000 settlement the classification based on trade has been

given up and workers were asked to do all jobs. The

classification was based on skill only. The concerned

workman was a Grade-V workman even when he was shifted

to Perungudi. The case in the Counter Statement is that the

concerned workman was put up as Helper only to adjust

him in the factory though the post suitable to his grade

was not available at Perungudi factory. However, it has

come out during evidence that this case of the Respondent

is not correct. MW3 has admitted during his cross-

examination that each employee in the factory was assigned

with a token number. The Helpers will not be given token

numbers. No documents are available to show the

manpower requirement at Perungudi as on the date of the

transfer of the concerned workman. MW3 has stated that

work was available at Perungudi and it is in spite of that the

concerned workman was transferred. It has been pointed

out by the counsel for the petitioner that it has come out in

evidence that trainees were taken as Helpers and this was

because sufficient hands were not available. This, as stated

by the counsel, would show that work was available at

Perungudi factory and it was not because the concerned

workman's skill was not required at Perungudi he was

transferred. Such transfer amounts to unfair labour practice.

14. In the Counter Statement the stand taken by the

Respondents is that it has become impossible to retain the

concerned workman at the factory for continuous

misconducts on his part and exigency of business has

necessitated his transfer. It is stated in the Counter

Statement that the concerned workman was showing total

defiance to the Management and was never amenable to

any discipline. He is said to have created chaotic and tense

conditions which even led to suspension of operation of

the factory from 18.01.2010. Another allegation is that on

31.12.2010 the concerned workman brought in an employee

who was under suspension and disrupted the functioning

of the factory. It is alleged that he was never remaining in

the place of work allotted to him. He is said to have been

picking up altercations with the Engineers. He was not

allowing the external security system to check the employees

at the factory gate. According to the Respondents, the

local Management had considered the question of taking

disciplinary action against the concerned workman for his

various acts of misdemeanor. But having felt that a lenient

punishment would not make him mend his way they have

resorted to the course of shifting his place of work from

Chennai to Kolkata. It is claimed that it is not a vindictive

action.

15. The Respondents have tried to justify the transfer

of the concerned workman through the evidence of MWs1

to 3 and a few documents pertaining to the past conduct of

the concerned workman. It would be relevant to examine

the evidence given by each of these witnesses. MW1 who

is working as Production-In-Charge at Perungudi factory

has given instances which according to him would show

that the concerned workman was unruly by nature and

was creating nuisance at the factory by his various

misdeeds. As a general statement it is stated that the

concerned workman had no commitment to the work. It is

then stated that on death of one Lakshmanan against whom

disciplinary action had earlier been taken the concerned

workman had attempted to trigger an industrial unrest. So

also, on one occasion, in protest to the delay in arriving at

a settlement on the charter of demands he had threatened

to immolate himself by holding a petrol can in his hand.

The concerned workman is said to have incited the workman

to boycott Ayutha Puja celebrations of 2009 as a protest

against delay in finalization of the settlement. It is also

stated that the concerned workman had instigated an

operator in the Winding Department to unwound two extra

disc of winding already completed by another workman.

Five Section Heads of the factory is said to have asserted

that so long as the concerned workman was in the factory

there was no scope to have continuous uninterrupted and

normal production activities in the factory. According to

MW1, not a day would pass without the concerned

workman bringing some issue or other to him for

discussion. If he is not available he will go and disturb the

General Manager.

16. It could be seen from the evidence of MW1 that

he has given evidence regarding many aspects which are

not specifically stated in the Counter Statement at all. Even

in the Counter Statement it has been stated that the facts

alleged were not put on record. MW1 has stated during his

cross-examination that it was because of tool down strike

on the part of the workers that operations had to be

suspended for some time in the year 2010. In that case, it is

not known how suspension of operation is attributed to

the concerned workman in the affidavit. Laskmanan against

whom disciplinary proceedings were taken is said to have

been instigated by the concerned workman. But there is

nothing to show that he has got any part in the misconduct

by Lakshmanan. MW1 admitted that regarding any of the

allegations made by him in the affidavit against the

concerned workman memo has not been issued nor was

his explanation obtained.

2138

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

17. MW2 who is the Supervisor-in-Charge of then

Insulation Department and Winding Section of the

Production Department has also stated that the concerned

workman used to approach him with some or other issue

and indulge in needless discussions. According to him, in

the year 2008 an Engineer had informed him that the

concerned workman was found exposing his body after

removing his uniform. He had been sitting in the area in the

Canteen meant for Officers and doing his Union work. This

has compelled the Management to restrict the opening of

the Canteen Hall premises during breakfast, lunch and

evening tea time only. MW1 stated during his cross-

examination that he had not given any complaint against

the concerned workman regarding the allegations made in

the affidavit. None of the Supervisors also have given any

written complaint though they have given oral complaints.

MW2 did not enquire with the concerned workman

regarding the veracity of the oral complaints. Memo was

never issued to him regarding the allegations made in the

affidavit. MW2 has further stated that if a person moves

out of the work place it would reflect in the Log Books and

from the Log Book it can be ascertained if the person has

moved out of the work place or not. However, the Log

Books were not produced. Thus the evidence given by

MW2 also is not supported by any other material.

18. MW3 is working as Officer (Personnel) at

Perungudi factory. This witness has alleged that most of

the time the concerned workman would be away from the

spot and would be disrupting work of others also. This

witness also has stated about the concerned workman

instigating one Lakshmanan to rewind the coil completed

by another workman. He has also stated that the area meant

for Officers in the Canteen was being used by the concerned

workman for his Union activities. According to this witness

the Engineers and Supervisory staff have stated that one

reason for lack of performance resulting in failure to achieve

the output as per schedule was a distraction caused by the

concerned workman. This witness has further stated that

when a surety for the loan taken by the concerned workman

retired, he could not find a substitute among the workman

since no one was prepared to stand surety for him. Even as

admitted by MW2 there is no evidence to show that the

production was slow when the concerned workman was in

the factory and it has accelerated in his absence. So far as

the failure of the concerned workman to substitute the

surety is concerned MW3 himself has admitted that once a

workman is transferred a worker of the factory will not be

accepted as surety. According to the concerned workmen,

it was for this reason he was not able to substitute the

retired surety after the transfer order was served on him.

So it is not for fault of the workman concerned that the

surety was not replaced.

19. The Management has produced certain

documents to prove that the past conduct of the concerned

workman was not satisfactory. Ext.M1 is a charge sheet

that had been issued to the concerned workman on account

of his habitual late attendance. Ext.M18 is the

communication given to the concerned workman stating

that there was no imporvement in his conduct and he

continued to come for duty later. Ext.M2 is a communication

to the concerned workman alleging that he had misused

the permission given to him to attend a funeral and had

entered the factory premises to gather workmen. The

concerned workman, even as admitted by him refused to

receive this communication. He has admitted the

endoresement in Ext.M2 by the Officer of the Respondent

to the effect that he refused to accept it stating that it was

not addressed to him in his capacity as the General

Secretary of the Union. Ext.M4 is the letter to the concerned

workman in December 2007 stating that he had forcibly

gone out of the factory main gate without movement pass.

Ex.M6 another communication alleges that he refused to

leave the Dining Hall and the Hall could not be locked.

Ext.M49 is the letter given to the concerned workman asking

him not to repeat such acts. Ext.M7 is the memo given

regarding some dispute raised by the concerned workman

on punching and Ext.M5 is the reply given by him. It is

stated that all other workers had activated the Punching

Machine but the concerned workman had refused. Ext.M8

is the charge sheet dated 18.02.2011 regarding this and

Ext.M9 is the explanation given by the concerned workman

on 21.02.2011. The above documents are brought in to

show that the concerned workman was a perennial nuisance

and trouble monger to the management and it would not

have been possible to run the factory with him at the factory.

All the above of course refer to certain misconducts on the

part of the concerned workman. But the reasons that

prompted the Management to remove the concerned

workman are some other incidents about which there is no

acceptable evidence. If the incidents referred to are true

and were incidents which could not be pardoned, the

Management should have taken action then and there. On

the other hand, no documents are available regarding the

misconducts alleged. The statement of the Management

that it has become helpless since other workman have not

been willing to support the Management as they were afraid

of the concerned workman is not one that can be accepted.

MW2 has stated that the establishment is very capable of

maintaining discipline in the factory. So there was no

question of leaving the concerned workman to himself, to

his whims and fancy in spite of allegations of such

misconducts. Even assuming that the concerned workman

had committed the misconducts alleged the proper

procedure would have been an enquiry and penalty in

accordance with the procedure. Rather than doing this, the

Management has decided to give a transfer to the concerned

workman under the cover of exigency of business which

did not exist at all. The Apex Court has laid down in the

decision in SOMESH TIWARI VS. UNION OF INDIA AND

OTHERS reported in 2009 2 SCC 592 that a transfer on the

basis of a non-existent facts is a malice in law and punitive

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2139

in nature. The transfer cannot be termed to be one of

business exigency. The transfer is not justifiable on facts

also. The concerned workman is entitled to continue as a

workman in the factory of the Second Respondent at

Perungudi, Chennai.

In view of my discussion above the Respondents

are directed to take back the concerned workman in service

in the factory at Perungudi, Chennai within a month of the

award with 25% back wages and other attendant benefits.

In case of failure to pay the back wages within a month of

the award it would carry interest @ 9% per annum.

The reference is answered accordingly.

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

corrected and pronounced by me in the open court on this

day the 22nd April, 2015)

K.P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/

:

WW1, Sri E. Elumalai

Petitioner Union

WW2, Sri P. Soundararajan

For the 2nd Party/

:

MW1, Sri G.R. Pugalendhi

Management

MW2, Sri M. Rajadurai

MW3, Sri S. Balasundaram

Documents Marked:

On the petitioner's side

Ex.No.

Date

Description

Ex.W1

26.10.1987

Machinist trainee order

Ex.W2

30.09.1988

Appointment order

Ex.W3

30.03.1989

Confirmation order

Ex.W4

26.12.1994

Order issued to the petitioner

Ex.W5

07.04.2010

18(1) Settlement

Ex.W6

16.05.2011

Transfer Order

Ex.W7

17.05.2011

Letter given by the 1st party to the

2nd party management

Ex.W8

17.05.2011

Letter given by the 1st party to the

Assistant Labour Commissioner

(Central)

Ex.W9

19.05.2011

Letter given by the 1st party to the

Assistant Labour Commissioner

(Central)

Ex.W10 09.11.2011

2(K) petition filed by the 1st party

union before the ALC

Ex.W11 28.11.2011

Reply filed by the 2nd Party

Ex.W12 15.06.2012

Rejoinder filed by the 1st party

Ex.W13 24.01.2013

Failure report

Ex.W14 25.07.2013

Order of reference

Ex.W15

—

Certified Standing Orders

Ex.W16 26.12.1983

Copy of the Central Act No. 41, 1983

Ex.W17 21.03.1986

Certificate of training issued to the

workmen concerned by the Small

Industries

Development

Organization

Ex.W18 29.11.2000

Copy of the 18(1) settlement

Ex.W19 29.06.2007

Notice issued by the 2nd party

under Section-9A of ID Act

Ex.W20 07.04.2010

Copy of the wages settlement

Ex.W21 04.05.2011

Copy of the production report of

the winding department

Ex.W22 May 2011

Pay slip of the concerned workmen

Ex.W23 —

List of employees employed under

the 2nd party management showing

the details of education qualification

under the grade

Ex.W24 —

Copy of the family card

Ex.W25 23.04.2013

Certificate issued by the Election

Officer

Ex.W26 23.04.2013

Certificate issued by the Election

Officer

Ex.W27 08.05.2013

Order issued by the Deputy

Registrar of Cooperative Societies

On the Management's side

Ex.No.

Date

Description

Ex.M1

12.10.1991

Charge Sheet dated 12.10.1991

issued to P. Soundararajan for

habitual late attendance, his

explanation dated 24.10.1991 and

awarding him punishment of severe

warning by its letter dated 23.11.1991

Ex.M1(A) 24.10.1991

Letter from P. Soundarrajan to the

Respondent regarding reply to

memo dated 22.10.1991

Ex.M2

08.10.1998

Warning

letter

issued

by

Respondent to P. Soundararajan for

misuse of permission

Ex.M3

01.03.2004

Letter from respondent issuing

warning to P. Soundararajan not to

indulge in such acts of misconduct

in future. For not wearing uniform

and for sitting in shop floor shulter

between 09.45 to 12.40 asking for

medical treatment

Ex.M4

08.12.2007

Management letter issuign warning

to P. Soundararajan regarding his

misbehavior on 07.12.2007

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THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

Ex.M5

17.12.2007

Letter of P. Soundararajan in respect

of the incident on 07.12.2007

Ex.M6

30.05.2008

Report from Deputy Manager—

Security to the Respondent

regarding the conduct of the P.

Soundararajan on 29.05.2008 AN

Ex.M7

11.10.2010

Memo to P. Soundararajan by the

Respondent for non-activating his

new employee number as required

by the Management

Ex.M8

18.02.2011

Charge sheet issued by the

Respondent to P. Soundararajan for

willful insubordination and

disobedience of lawful and

reasonable orders (for not activating

his new employee number in

respect of repeated advise on

several occasions)

Ex.M9

21.02.2011

Explanation of P. Soundararajan to

the charge sheet dated 18.02.2011

Ex.M10 03.01.2011

Charge sheet-cum-show cause

notice issued to P. Soundararajan

for various acts of misconducts in

terms of Standing Orders calling for

his explanation

Ex.M11 03.11.2008

Letter from Respondents to the

Inspector of Factories, Chennai

informing to treat the unit at

Perungudi as closed

Ex.M12 24.03.2009

Letter fromt he Respondent's

Perungudi Factor to Inspector of

Factories furnishing for the details

as required by Inspector of Factories

Ex.M13 02.05.2008

Letter from Andrew Yule Staff and

Workers Union, Chennai addressed

to Respondent at Perungudi

informing list of Office Bearers and

Committee Members for 2008-2009

Ex.M14 28.06.2008

Letter from Andrew Yule Staff and

Workers Union, Chennai addressed

to Deputy General Manager,

Perungudi factory regarding

appointment of new General and

Joint Secretary of the Union for the

year 2008-2009

Ex.M15 18.01.2010

Notice exhibited by Respondent at

Perungudi regarding cessation of

work at its factory at Perungudi

effective from 18.01.2010

Ex.M16 07.04.2010

Notice from respondent factory,

Perungudi advising the workmen at

Perungudi factory to report for duty

effective 09.04.2010

Ex.M17 18.12.2010

Memo issued to K. Ramesh

suspending him pending issue of

charge sheet and enquiry for

manhandling Security Supervisor

Ex.M18 23.11.1991

Memo for late coming by Senior

Manager

Ex.M19 26.04.2000

Advise letter from the Respondent

to P. Soundararajan to conduct

himself in a decent manner in future

Ex.M20 13.06.2001

Exchange of communication

between Security Staff/Respondent

factory at Perungudi dated

12.06.2001, 13.06.2001, letter dated

13.06.2001 from Ex-Servicemen

Security Bureau to the Respondent

factory at Perungudi leveling

allegations against Sundarajan and

Sundarajan's counter allegation

dated 13.06.2001 on Security Staff—

to DGM—Perungudi Factory

Ex.M21 29.12.2001

Confidential report by Security

Bureau to the Dy. General Manager,

Perungudi factory informing about

the indiscipline and interference of

P. Soundararajan

Ex.M22 09.01.2002

Report from Adyar works to the

Respondent regarding the incident

happened at the Security Gate at

Adyar works on 08.01.2002

Ex.M23 09.01.2002

Letter from Security Bureau to the

Security Officer—at Perungudi

Factory

Ex.M24 10.01.2002

Letter from Security Bureau to

DGM—Perungudi

factory

enclosing statement of K.

Manoharan—A.S.O.

Ex.M25 09.01.2002

Report to Manager (Production) on

the incident on 08.01.2002 at Adyar

Factory enclosing Manoharan's

statement

Ex.M26 10.01.2002

Charge Sheet issued to P.

Soundararajan in respect of various

allegations leveled against him

Ex.M27 10.01.2002

P. Soundararajan's letter asking the

management to take action against

the Security Officer

Ex.M28 19.01.2002

Letter from P. Soundararajan

praying time to give explanation to

the charge sheet dated 10.01.2002

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2141

Ex.M29 22.01.2002

Respondent's

reply

to

P.

Soundararajan—granting a week's

time

Ex.M30 01.02.2002

Note from the Assistant Manger—

Personnel dropping further action

in respect of the charge sheet dated

10.01.202

issued

to

P.

Soundararajan

Ex.M31 01.10.2002

Complaint of M. Edward John—

Supervisor allegation Sundararajan

hitting of the back of Subramaniam,

employee of society inside the

factory premises on 01.10.2002

Ex.M32 01.10.2002

Letter from Andrew Yule and Co.

group of employees Coop. thrift and

Credit Society Ltd., addressed to

Respondent

Ex.M33 01.10.2002

Counter

allegation

of

P.

Soundararajan addressed to

30.10.2002

Respondent at Perungudi factory

on 01.10.2002 to take action on

Subramaniam

Ex.M34 05.10.2002

Charge

Memo

issued

by

Respondent to P. Soundararajan for

hitting Subramaniam (employee of

Coop Society) in the factory

premises on 01.10.2002

Ex.M35 17.10.2002

Explanation

given

by

P.

Soundararajan to the charge memo

dated 05.10.2002

Ex.M36 25.11.2002

Proceedings of enquiry in respect

of the allegations mentioned in

charge sheet dated 05.10.2002

Ex.M37 20.01.2003

Letter from P. Soundararajan to

Enquiry Officer requesting Tamil

translation of the complaint

Ex.M38 20.01.2003

Proceedings of enquiry on

20.01.2003 and furnishing Tamil

translation of the complaint of J.

edwin John regarding hitting of

Subramanian

Ex.M39 07.02.2003

Letter fromt he Respondent to P.

Soundararajan accepting his

request to postpone the enquiry

from 07.02.2003 to 13.02.2003

Ex.M40 13.02.2003

Proceedings of enquiry and posting

the enquiry to 27.02.2003 due to

riotous

behavior

of

P.

Soundararajan in the enquiry on

13.02.2003

Ex.M41 21.02.2003

Letter from Respondent to Enquiry

Officer accepting his unwillingness

to continue as Enquiry Officer

Ex.M42 26.02.2003

Letter from Respondent to P.

Soundararajan cancelling the

enquiry fixed on 27.02.2003

Ex.M43 27.02.2003

Proceedings

of

Assistant

Manager—Personnel to the

Respondent that the enquiry could

not be completed as the Enquiry

Officer decided not to continue the

present enquiry and further enquiry

proceedings not initiated

Ex.M44 27.09.2003

Complaint letter from Nagarajan,

Quality Control Department of

Respondent Factory, Adyar

addressed to In-charge (Planning)

regarding

absence

of

P.

Soundararajan from work on

04.09.2003 AN

Ex.M45 10.10.2003

Letter from Respondent to P.

Soundararajan informing that his

absence in the afternoon will be

treated as absence on loss of pay

Ex.M46 10.09.2003

Letter from Production Supervisor

to Assistant Manager—Personnel

complaining P. Soundararajan

refusing to take back LTA leave

application as it had already lapsed

Ex.M47 26.02.2004

Complaint of the Edwin John, to the

Assistant Manager-Personnel

about P. Soundararajan not wearing

uniform and sitting near shutter in

the Factory

Ex.M48 07.12.2007

Report from Deputy Manager—

Security

against

Mr.

P.

Soundararajan trying to go out of

the factory without movement pass

Ex.M49 30.05.2008

Memo from Respondent to P.

Soundararajan advising him (not to

repeat such acts in future) regarding

his conduct on 29.05.2008 staying

in dining hall

Ex.M50 24.02.2011

Letter from Respondent to P.

Soundararajan severely warning him

in respect of charge sheet dated

18.02.2011.

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2142

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

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New Delhi, the 5th May, 2015

S.O. 991.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D. Ref No. 57/

2004) of the Central Government Industrial Tribunal Cum

Laobur Court, Lucknow now as shown in the Annexure in

the Industrial Dispute between the employers in relation to

the management of the Ordnance Clothing Factory and their

workman, which was received by the Central Government

on 27/04/2015.

[No. L-14012/58/2003-IR(DU)]

P.K. VENUGOPAL, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-

CUM-LABOUR COURT, LUCKNOW

PRESENT

SHRI RAKESH KUMAR,

Presiding Officer

I.D. No. 57/2004

Ref. No. L-14012/58/2003-IR(DU) dated: 21.06.2004

BETWEEN

Sh. Amar Nath Yadav, S/o Sh. Raj Deo Yadav

Village Prasadipur, Post: Lutuhi

Distt. Sant Kabir Nagar (UP)

AND

The General Manager

Ordnance Clothing Factory

Shajahanpur

AWARD

1. By order No. L-14012/58/2003-IR(DU) dated:

21.06.2004 between Sh. Amar Nath Yadav, S/o Sh. Raj Deo

Yadav, Village Prasadipur, Post: Lutuhi, Distt. Sant Kabir

Nagar (UP) and the General Manager, Ordnance Clothing

Factory, Shajahanpur to this CGIT-cum-Labour Court,

Lucknow for adjudication.

2. The Schedule of reference is as under:

"1. WHETHER THE CONTRACTS ARE GENUINE

OR MERE A CAMOUFLAGE? 2. IF THE

CONTRACT IS NOT GENUINE AND MERE A

CAMOUFLAGE, WHETHER THE ACTION OF THE

GENERAL MANAGER ORDNANCE CLOTHING

FACTORY,

SHAHJAHANPUR

IN

NOT

REGULARIZING THE SERVICES OF SH. AMAR

NATH YADAV S/O SH. RAJ DEO YADAV AND 70

OTHER WORKERS (LIST ENCLOSED) AND

TERMINATING THEIR SERVICES W.E.F. 25/5/2000

IS JUST FAIR AND LEGAL IF NOT FOR WHAT

RELIEF THEY ARE ENTITLED TO?"

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

workman Amar Nath Yadav who has filed the statement of

claim on behalf of all the workmen under dispute, has

submitted that all the workmen have been working with the

Ordnance Clothing Factory (hereinafter referred to as

Factory) management for more than 240 days since their

different date(s) of appointment and their services have

been terminated by the management w.e.f. 25.05.2000

without any rhyme or reason or without giving any notice

or notice pay in lieu thereof; or any retrenchment

compensations, in violation of the provisions of Section

25F of the Industrial Disputes Act, 1947. It has been

submitted by the workmen that they performed permanent

nature of work and there exists as many as 3550 vacancies

with the management as per reply of the Hon'ble Defence

Minister to the Question No. 6982 dated 11.05.2000 even

then the management of the Ordnance Clothing Factory

has not regularized their services and terminated the same

in violation of settled procedure of first come last go. It is

also submitted by the workmen that there exist no valid

contract system at Ordnance Factory prior to termination

of their services and the management of the Ordnance

Clothing Factory is their Principal Employers as there exists

no registration, of the Factory, before authorities followed

regarding registration as Principal Employer under the

Contract Labour (Regulation & Abolition) Act, 1970. The

workmen have submitted that they have been paid wages

directly by the management of the factory and through

any other person, including any contractor. It has been

alleged by the workmen that the nature of work they

performed was perennial in nature and working for long

with the management and when they demanded for increase

of wages and other benefits such as Provident Fund, Bonus

etc. the management of the Factory got annoyed and

terminated their services; and engaged new hands to carry

out the work done by the workmen under dispute. It is

alleged by the workmen that they have worked with the

management directly and not under some contract as no

tender for issuance of contract was ever published by the

management in the news paper, thus, any contract if existed

was mere camouflage. It is also submitted by the workman

that they have been issued gate pass to enter into the

premises of the Factory and their attendance was recorded

by the officers of the factory the attendance registers.

Accordingly the workmen have prayed that the action of

the management of the Ordnance Clothing Factory in

terminating their services be declared illeged and they be

reinstated with full back wages.

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2143

4. The management of the Ordnance Clothing Factory,

Shahjahanpur has denied the claim of the workmen by filing

its written statement; wherein it has submitted that the

Factory is indulged in manufacture of woolen Jersey for

supply of the same to Army. The management has

submitted that it has regular employees to undertake work

relating to clothing items and to meet the requirements of

the armed forces on regular basis. It is submitted that the

annual requirement of the Jersey has been varying from

year to year and in order to meet the urgent requirement,

part quantity of knitted component assistance from trade

was taken through supply order by engaging contractors

by due invitation of bids against tenders etc. It is submitted

that for such supply order the contract was made with the

various contractors viz. M/s S.M. Corporation,

Shahjahanpur, M/s Jhanda Gram Udyog, Shahjahanpur and

M/s Devi Lal, Shahjahanpur who in turn engage the

labourers to carry out the work contracted to them.

Accordingly, the management has submitted that the

workman Amar Nath & 70 others are not their regular

employees; rather they are the workmen of the contractor;

and the Factory is not the principal employer of the

workmen under the Contract Labour Act, 1970, therefore,

there arises no question of either terminating their services

nor making any retrenchment compensation to the

workmen. It is submitted by the management that the

workmen under dispute are engaged by the contractors as

per their requirement, quantum of workload and PDC of the

relevant contract, therefore, engagement or termination of

the contract labor in the purview of the contractor, as such,

the Factory management has got nothing to do in the matter

of their engagement or termination or making any notice or

notice pay etc. It is also submitted that the workmen

preformed casual jobs which was not perennial in nature. It

is specifically submitted by the management that the

workmen have not been directly engaged by the

management nor any payment was made by the Factory,

therefore, there arises no question either of their

regularization or issuance of any wage slip etc. to the

workman; rather it is submitted that a valid contract was

placed on the contractors viz. M/s S.M. Corporation,

Shahjahanpur, M/s Jhanda Gram Udyog, Shahjahanpur

and M/s Devil Lal, Shahjahanpur and payment was made

to the contractors as per terms and conditions of the

contract, therefore, there was no direct payment of wages

to the applicants/claimants. It is also submitted by the

management of the Factory that it has duly been registered

under provisions of the Contract Labour (Regulation &

Abolition) Act, 1970 before the office of the Assistant

Labour Commissioner (Central) & Registering Officer,

Dehradun vide certificate of registration No. 07/2003 dated

30.04.2003. Accordingly, the management of the Ordnance

Clothing Factory has prayed that the claim of the workmen

be rejected being devoid of any merit.

5. The workman has filed its rejoinder; wherein apart

from reiterating the facts already stated in the statement of

claim, it has been submitted by the workman that the

management did not file any certified copy of the

registration of the management as a principal employer

under the Contract (Regulation & Abolition) Act, 1970. It is

also submitted that the management has not filed the

registration of the contractors as 'contractor' whose names

have been referred by the management, therefore, the

workmen under dispute shall be treated as the employees

of the principal employer and not of the contractor.

6. The parties have filed documentary evidence in

support of their respective stands. The workman has filed

photocopy of gate pass, issued to the workmen, medical

slip and Lok Sabha Question & Answer 6982 for 11.05.2000.

In rebuttal, the management has filed a statement or

supply orders to M/s S.M. Corporation, Shahjahanpur, M/

s Jhanda Gram Udyog, Shahjahanpur and M/s Devil Lal,

Shahjahanpur, Lok Sabha unstarred question No. 6982 for

11.05.2000 and certificate of registration No. 07/2003 dated

30.04.2003 under Section 7(2) of the Contract Labour

(Regulation & Abolition) Act 1970.

From persual of records it is evident that on

completion of pleadings, the workman moved an application

dated 24.05.2007, paper No. 144/2-144/3 for summoning the

documents from the management. After taking into

consideration, the objection of the management, this

Tribunal directed the management vide order dated

18.09.2007 to file the photocopy of relevant contract deeds

under which the workers were permitted to enter into the

premises of the opposite party; and in compliance thereof

the management filed photocopy of contract deeds vide

application dated 07.11.2007, paper No. C-147 to 147/40.

7. The workmen examined Amar Nath Yadav, Ram

Kesh, Mohammad Khalid and Devi Lal; whereas the

management examined Sri S.S. Doiphode, Dy. General

Manager/Admin in support of their respective pleadings.

The parties availed opportunity to cross-examine the

witnesses of each other apart from putting oral arguments.

8. Heard the authorized representatives of the parties

and perused the documents available on record.

9. The authorized representative of the workmen has

contended that the workmen have been working with the

management of Factory directly and received wages from

them; but the management is trying to prove them the

employees of contractor with the help of invalid contracts.

It has been contended by the workmen's representative

that neither the management of the Ordnance Clothing

Factory was registered as Principal Employer nor the so

called contractor was registered as contractor under

provisions of the Contract Labour (Abolition & Regulation)

Act, 1970, therefore, the alleged contract between them

was invalid one and was mere camouflage, having no force;

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[PART II—SEC. 3(ii)]

and accordingly, the workmen were the employees of the

Factory. It is submitted by the workmen's representative

that since the work performed by the workmen was perennial

in nature and there existed vacancy in the Factory therefore,

the workmen were liable to be absorbed; instead the

management has terminated the services of the workmen

without complying with the mandatory provisions of the

Section 25 F of the Industrial Disputes Act, 1947, ignoring

this fact that the workmen had worked for more than 240

days. The workman has relied upon:

(i) Director, Fisheries Terminal Division v.

Bhikubhai Meghajibhai Chavda 2010 AIR SCW

542.

(ii) H.D. Singh vs. Reserve Bank of India & others

(1985) 4 SCC 201.

(iii) General Manager, ONGC, Shilchar vs. ONGC

Contractual workers Union 2008 (118) FLR 942.

10. In rebuttal, the authorized representative of the

management has come forward with the argument that the

workmen under question are no their employees, employed

by them directly; but are employees of the contractor who

have been given supply order under urgent demand of

clothing. It is contended that the management of the Factory

entered into a contract with the contracting firm for supply

of the clothing and in result thereof the contractor employed

the workmen to carry out the work as per terms and

conditions of the contract. It is submitted by the counsel

that the Factory never employed the workmen under

dispute; but it is contractor who employed them to execute

the work awarded to him and was paid accordingly. It is

contended that the Factory neither appointed the workman

nor made any payment to the workman directly therefore,

there arise no question of terminating their services or

making any retrenchment compensation etc. to the workman

at any point of time. The authorized representative of the

management also submitted that the management has duly

been registered before the Assistant Labour Commissioner

(Central), Dehradun under provisions of the Contract

Labour (Abolition & Regulation) Act, 1970; therefore, the

contracts entered into by the Factory are valid and not

camouflage.

11. I have given my thoughtful consideration to the

rival contentions of the learned authorized representatives

of the parties and perused the evidence on record in light

thereto.

12. As per settled law, this Tribunal has to confine its

self within the four corners of the schedule of reference,

referred to this Tribunal for adjudication and to answer the

appropriate Government accordingly. The schedule of

reference dated 21.06.2004 made to this Tribunal is two

pointed. The first is regarding validity of the contracts;

and the second is regarding legality of non-regularizing of

services of the workmen and terminating their services w.e.f.

25.05.2000.

13. Thus, firstly, the validity of the contracts is to be

considered thoroughly. The management of the Factory

has come up with a case that when there is increase in the

demand of Jersey, this urgent requirement is fulfilled by

issuing tender, inviting bids and awarding supply order

through contract with different contractors. It is the case

of the management that the workmen under dispute are

being engaged by these contractors to carry out the work

assigned to them, thus, the work performed by the workmen

are not perennial in nature. It is also pleaded by the

management that the contractor are paid as per terms of

the contract by the management and thereafter they pay

their workers engaged by them, therefore, there is no direct

engagement of workers by the management. In support of

its pleadings the management has filed photocopy of the

contract and its certificate of registration No. 07/2003 dated

30.04.2003 under Section 7 (2) of the Contract Labour

(Regulation & Abolition) Act 1970. The workman has

disputed the genuineness of the contract on the basis that

the management did not have any registration at the

relevant point of time and the contractors also did not

have any registration/license for supply of the workers;

accordingly, it is pleaded by the workman that the so called

contracts are invalid and mere camouflage.

14. The management has filed as many as three

contracts with M/s S.M. Corporation, Shahjahanpur, one

contract with M/s Jhanda Gram Udyog, Shahjahanpur and

three contracts with M/s Devil Lal, Shahjahanpur. The

management has also filed list of workmen along with letter

of request of the contractors for issuance of gate pass to

their workmen, mentioned in the list. On close scrutiny of

all these seven so called contracts bear some serious

infirmities, which drags them out of purview of a contract.

From perusal of these so called contracts, it becomes

apparent that they are not in form of a formal contract as

there is no mention of parties between whom the contract

is being executed. All the contracts do not bear signatures

of the contracting parties on each page of the contract;

also they are not sworn before any notary or Competent

Authority. However, it appears that the so called contracts,

relied upon/filed by the management vide application dated

07.11.2007 are just supply order as on the first paper of all

the contracts there is a mention of "Supply Order No. &

Date". There is description of various terms and condition

regarding work and payment etc.; but it cannot be regarded

as "Valid Contract" in the eye of law, for the want of

formalities mentioned above. However, the workman's

witness, Devi Lal who is claimed to be as a contractor has

admitted his signatures on only one of the internal page of

one of such contract; but that too is just the

acknowledgement of the supply order and that cannot be

regarded as the signature of a contracting party.

15. Further, the workman has contended that the

contract is invalid one because the management did not

have its registration as principal employer and the contract

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did not have their registration too under the Contract

Labour (Abolition & Regulation) Act, 1970. In this regard

the management has field photocopy of its registration

certificate No. 07/2003 dated 30.04.2003 under Section 7(2)

of the Contract Labour (Regulation & Abolition) Act 1970.

A bare perusal of the above certificate itself shows that the

management got itself registered only on 30.04.2003;

however it could not show any registration in respect of

the contractors. Therefore, the contention of the workman

got proved that the management did not have its valid

registration as principal employer and the contractors too

were not registered.

16. Thus, from pleadings of the management itself it

is evident that the management had entered into so called

contract from 1997 to 2000 with different contractors

through invalid contracts; hence, it cannot be said that

there was any genuine contract labor system prevailing

with the management of the Ordnance Clothing Factory.

Hon'ble Apex Court in Secretary, Haryana State Electricity

Board vs Suresh & others 1999 LLJ 1087 has observed as

under:

"When these contract workers carry out the work of

the principal employer which is of a perennial nature

and if provisions of Section 10 get attracted and such

contract labor system in the establishment gets

abolished on fulfillment of the conditions requisite

for that purpose, it is obvious that the intermediary

contractory vanishes and along with him vanishes

the term 'principal employer'. Unless there is a

contractor agent there is no principal. Once the

contractor intermediary goes the term 'principal' also

goes with it. Then remains out of this tripartite

contractual scenario only two parties — the

beneficiaries of the abolition of the erstwhile contract

labour system i.e. the workmen on the one hand and

the employer on the other who is no longer their

principal employer but necessarily becomes a direct

employer for these erstwhile contract labourers.

Hon'ble Apex Court furth observed and under:

"19. It has to be kept in view that this is not a case in

which it is found that there was any genuine contract

labor system prevailing with the Board. If it was a

genuine contract labor system, then obviously, it

has ot be abolished as per Section 10 of the Contract

Labour (Regulation and Abolition) Act after following

the procedure laid down therein. However on the

facts of the present case, it was found by the Labour

Court and as confirmed by the High Court that the

so called contractor Kashmir Singh was a mere name

lender and had procured labor for the Board from the

open market. He was almost a broker or an agent of

the Board for that purpose. The Labour Court also

noted that the Management witness Shri A. K.

Chaudhary also could not tell whether Shri Kashmir

Singh was a licensed contractor or not. The workmen

has made a statement that Shi Kashmir Singh was

not a licensed contractor. Under these circumstances,

it has to beheld that factually there was no genuine

contract system prevailing at the relevant time

wherein the Board could have acted as only the

principal employer and Kashmir Singh as a licensed

contractor employing labour on his own account. It

is also pertinent to note that nothing was brought

on record to indicate that even the Board at the

relevant time, was registered as principal employer

under the Contract Labour (Regulation and Abolition)

Act. Once the Board was not a principal employer

and the so called contractor Kashmir Singh was not

a licensed contractor under the Act, inevitable

conclusion that had to be reached was to the effect

that the so called contract system was a mere

camouflage, smoke and screen and disguised in

almost a transparent veil which could easily be pierced

and the real, contractual relationship between the

Board, on the one hand, and the employees on the

other, could be clearly visualized."

17. In the instant case, the management of the Factory

has tried to plead and lead evidence to the effect that there

was a contract between the management of the Factory

and the various contractors to carry out the extra urgent

work; and in order to substantiate this pleading it has filed

photocopy of so called contract deed with different

contractors, including Devi Lal. Devi Lal in his cross-

examination has denied of having any contract with the

Factory from 15.-1.1997 to year 2000. However, he has

claimed to have worked as Master Crafts Man with the

Factory. He stated that he had 100 to 125 workers, who

were working with the Factory. He also stated that he and

his workers were not given any appointment letter; however

they have been given salary slip. The management has

tried to plead that Devi Lal was the contractor who entered

into as many as three contracts with the Factory but

admittedly only one of the so called contract bears

signature of Devi Lal on only one page of the so called

contract. Apart from photocopy of so called contracts the

management of the Factory could not show any

documentary evidence regarding issuance of tender notice,

bid from the contracts etc. The management also could

neither produce any reliable documentary evidence to show

that the Factory was registered as principal employer under

provisions of the Contract Labour (Regulation & Abolition)

Act, 1970 at the relevant point of time; nor any evidence

has been led to substantiate that the contractors were

registered or had license. However, the registration

certificate No. 07/2003 dated 30.4.2003 under Section 7 (2)

of the Contract Labour (Regulation & Abolition) Act 1970,

filed by the management does not pertains to the relevant

period of time; hence unacceptable. Thus, in absence of

any registration of the Factory as principal employer and

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[PART II—SEC. 3(ii)]

that of the contracts under the Act, the so called contractor,

Devi Lal seems to be just an agent who managed the supply

of the labourers to the Factory.

18. Therefore, in view of the facts and circumstances

of the case, and law cited hereinabove, I am of considered

opinion that the Factory was not a principal employer and

the so called contractor(s) were not a licensed contractors

under the Contract Labour (Regulation & Abolition) Act

1970, and accordingly, come to the conclusion that the so

called contracts are not genuine or mere a camouflage,

smoke and a screen and disguised, just to deprive the

workmen of their legitimate rights.

19. Now the second issue, involved in the schedule

of reference is taken into consideration i.e. When it is

established that the contract is not genuine and mere a

camouflage then what wold be legality of the action of the

management of the ordnance clothing factory, Shahjahanpur

in not regularizing the services of the workmen and

terminating their services w.e.f. 25/5/2000. Thus, the second

issue again involves two issues in it; firstly whether the

action of the management in nor regularizing the workmen

was legal; and secondly, the legality of action of the

management in terminating the services of the workman

instead of regularizing them.

20. Now coming to the first issue i.e. Right of the

workmen regarding regularization, from pleadings and

evidence relied upon by the parties, it is established that

the workmen were engaged by the contractor to carry out

the work of perennial in nature; therefore the contract labour

system got abolished. Further neither the factory was

registered as principal employer nor the contract had

license, making the so called contract between the factory

and the so called contractor mere camouflage. Thus, the

direct relationship of employer and employee gets

established between the management of factory and the

workmen. Hon'ble Apex Court in Secretary, Haryana State

Electricity Board vs Suresh & others 1999 LLJ 1087 has

relied upon the observation made by it in its decision in Air

India Statutory Corporation etc. vs United Labour Union

& others etc. 1997-I-LLJ-1113 SC 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 contract 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 workmen in the respective services working on

contract labour are required to be absorbed in the

establishment of the appellant."

Also, Hon'ble Delhi High Court in CWP No. 1981 of

1997 decided on 29.09.2000, 2001 (1) SCT 1943 has held

that

'in case the the contractor has not taken a license as

required under Section 12 of the Act, then the contract

labour shall be treated as direct employees of the

Principal employer.'

Thus, from the law pronounced by Hon'ble Supreme

Court, it comes out that the principal employer is under

statutory obligation to absorb/regularize the contract

labour as the linkage between the so called contractor and

the employees stood snapped and direct relationship stood

restored between principal employer and the contract

labour labour, in the present industrial dispute.

21. Coming to the last issue, under reference i.e.

validity of action of the management in terminating the

services of the workmen w.e.f. 25.05.2000. The workmen in

their statement of claim has pleaded that they have worked

continuously with the management of the Factory for more

than 240 days and the management has terminated their

services without following rule first come last go or serving

any notice or notice pay in lieu thereof or any retrenchment

compensation. Per contra, the management has come up

with the case that the workmen under dispute are not their

workmen rather they are workers of the contractors who

engaged them to carry out the supply order; and

accordingly, their services have never been terminated by

them at any point of time.

But as observed above, on the abolition of contract

labour system, there existed relationship of employer and

employee between the management of the Factory and the

contract labour, it can be well concluded that the workmen

under dispute were engaged in perennial nature of work

and they have worked for more than 240 days in preceding

year from the date of their alleged termination. Also, it could

be well inferred that the services of all the workmen have

been terminated without complying with the mandatory

provisions of Section 25F of the Industrial Disputes Act,

1947 or giving any notice or notice pay or any retrenchment

compensation etc.

Hon'ble Allahabad High Court in State of U.P. vs.

Mahendra Pal Singh & another 2012(2) ALJ 325 while

scrutinizing the validity of the award of the Labour Court

found that the findings of the Labour Court were not

perverse; wherein the Labour Court drawn out a finding

that the workman had continuously worked for more than

240 days in twelve calendar months prior to termination of

his services; and the termination of services was without

any notice and without payment of retrenchment

compensation; and accordingly, Hon'ble High Court held

that the relief of reinstatement with 60% of back wages,

awarded by the Labour Court was justified. Hon'ble High

Court in para 47-49 of its judgment, has referred decision of

Hon'ble Apex Court in Krishan Singh Vs. Executive

Engineer, Haryana State Agricultural Marketing Board,

Rohtak (Haryana) (2010) 3 SCC 637: (AIR 2010 SC

(Supp) 787 as under:

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"47. .........................the appellant worked as a daily

wager under the respondent from 1.6.1988. His

services were terminated in December, 1993. He

served a notice of demand dated 30.12.1997 on the

respondent contended that his services were

terminated orally without complying with the

mandatory provisions of Section 25-F of the

Industrial Disputes Act, 1947 (hereinafter referred to

as the Act) and that he may be reinstated in service

with full back wages from the date of illegal

termination and he may be regularized according to

the Government policy. The respondent did not

respond to the demand made by the appellant and

by and order dated 23.7.1999, the State Government

referred the dispute under Section 10 of the Act to

the Labour Court. Thereupon the Labour Court

passed the award dated 18.7.2006 holding that the

appellant had admittedly completed 267 days from

1.6.1988 to 30th April, 1989 and his services were

terminated without any notice or notice pay and

without payment of retrenchment compensation and

the termination was, therefore, in violation of Section

25-F of the Act and the appellant was entitled to be

reinstated in his previous post with continuity of

service and 50% back wages from the date of demand

notice i.e. 30.12.1997.

48. The respondent challenged the award of the

labour Court before the High Court of Punjab and Haryana,

in writ petition and by order dated 9.12.2008, High Court

allowed the said writ petition and set aside the award dated

18.7.2006 of the Labour Court and directed the respondent

instead to pay compensation of Rs. 50,000/- to the appellant.

Aggrieved by order dated 9.12.2008 of the High Court, the

appellant filed appeal before the Apex Court. By placing

reliance upon earlier decision rendered by the Apex Court

in the case of Harjinder Singh (supra), allowed the appeal

and set aside the impugned order dated 9.12.2008 passed

by the High Court and directed that the appellant will be

reinstated as a daily wager with 50% back wages forthwith.

49. While dealing with the question of discretionary

powers of the Labour Court, in para 17 of the decision,

Hon'ble Apex Court has observed as under:

"17. Wide discretion is, therefore, vested in the

Labour Court while adjudicating an industrial dispute

relating to the discharge or dismissal of a workman

and if the Labour Court has exercised its jurisdiction

in the facts and circumstances of the case to direct

reinstatement of a workman with 50% back wages

taking into consideration the pleadings of the parties

and the evidence on record, the High Court in

exercise of its power under Articles 226 and 227 of

the Constitution of India will not interfere with the

same, except on well settled principles laid down by

this Court for a writ of certiorari against an order

passed by a court or a tribunal."

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

the case, discussions made hereinabove and law cited

hereinabove, it is established that the workmen under

dispute, who were employees of the principal employer i.e.

the Factory, were engaged by the Factory through an illegal

contract system which is not genuine and mere a

camouflage; and all the workmen had worked for more than

240 days in a calendar year preceding the date of their

termination; and their services have illegally been

termination on 25.05.2000 on completion of the so called

'illegal contract' by the management of the Ordnance

Clothing Factory without following the mandatory

provisions of the Section 25 F of the Industrial Disputes

Act, 1947. Therefore, I am of the considered opinion that

the workman Shri Amar Nath Yadav and others (as

provided in the list enclosed with the reference order) are

entitled for reinstatement with continuity in service along

with 60% of back wages within 08 weeks of publication of

the award, failing which; the back wages shall carry simple

interest @ 8% per annum. The workmen shall also be entitled

for absorption/regularization as observed by Hon'ble Apex

Court in 2012 (2) ALJ 325 (supra).

23. The reference under adjudication is answered

accordingly.

LUCKNOW.

17th April, 2015

RAKESH KUMAR, Presiding Officer

List of workmen enclosed with the reference No.

L-14012/58/2003-IR(DU) dated: 21.06.2004

1.

Amar Nath Yadav

S/o Raj Deo Yadav

Village-Parsadipur, Post-Lutuhi

Distt. Sant Kabir Nagar

2.

Shatrudhan Mishra

S/o Ram Murat Mishra

Village-Sitauti

Post-Distt. Basti

3.

Ram Kesh S/o Sri Ram

Village-Kidhihiriya, Post-Sikari

Distt. Sant Kabir Nagar

4.

Ram Achal S/o Sri Ram Belas

Village-Kidhihiriya, Post-Sikari

Distt. Sant Kabir Nagar

5.

Ghanshyam Yadav S/o Udiyraj

Yadav Village-Husa Mau

Post-Munerwa Distt. Basti

6.

Phul Chandra S/o Sri Triveni

Village-Kidhihiriya, Post-Sikari

Distt. Sant Kabir Nagar

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[PART II—SEC. 3(ii)]

7.

Ram Singh S/o Sri Banvari

Village-Kidhihiriya, Post-Sikari

Distt. Sant Kabir Nagar

8.

Om Prakash S/o Sri Ram Lakhan

Village-Barparwan Post-Sahuapar,

Distt.-Gorakhpur.

9.

Awadh Narayan Singh S/o Sri Ram

Dular Singh Village-Behera Post-

Nasej Thana-Kudra Distt.-

Kaimur (Bhabhua, Bihar)

10.

Vinod Singh S/o Sri Ram Dular

Singh Village-Behera Post-Nasej

Thana-Kudra Distt.-Kaimur

(Bhabhua, Bihar)

11.

Shiv Murat S/o Jagdeo Village-

Rahunathpur Post-Hariharpur Khajani

Distt.-Gorakhpur

12.

Bhuneshwar Singh S/o Sri Ram Pujan

Singh Village-Khairwar Post-Khairwar

Distt-Chapra (Saran, Bihar)

13.

Satya Narayan S/o Sri Bideshi Ram

Village-Pursudi Post-Udiyawan Distt-

Azamgarh, U.P.

14.

Ramasray Rajbhar S/o Sri Tphani

Rajbhar Village-Bairampur Post-

Ralulpur State Distt-Mau UP

15.

Sri Kant S/o Sri Surajbali Village-

Parshurampur Post-Chhaun Gambirpur

Distt-Azamgarh

16.

Ram Hit S/o Sri Ram Karan Ram

Village-Pahilepur Post-Vindra Bazar

Thana-Gambhirpur Distt-Azamgagh

17.

Ram Bhagat Mourya S/o Sri Rajvash

Mourya Village-Jangal Thakurhi Koieri

Tal Post-Badeya Bujurg Distt-Deoria

18.

Ashok Chuhan S/o Sri Ram Prit Chuhan

Village-Chhitrua Post Majhgawan

Distt.-Deoria

19.

Rajesh Kumar Yadav S/o Sri Moshaphir

Yadav Village-Ram Hardware

(Belhadiya) Moe Tikari Post-Tikari

Thana-Tikari Distt-Gaya (Bihar)

20.

Ram Naresh Yadav S/o Sri Ram Baran

Yadav Village-Daulatpur Post-Kavar

Distt.-Gaya (Bihar)

21.

Sri Ram Yadav S/o Sri Jangi Yadav

Village-Mahilwar Post-Bhita Bans

Vawan Distt.-Gorakhpur

22.

Ram Charan Rajbhar S/o Sri

Vanna Rajbhar Village-Judiyan

Post-Sahjanwa Distt.-Gorakhpur

23.

Pradip Rai S/o Sri Ram Vrichha Rai

Village-Pagar Post-Pagar (Kajani)

Distt.-Gorakhpur

24.

Ram Darsh Kanoujiya S/o Sri

Lutawan Village-Gayaghat

(Ganpatganj) Distt.-Sant Kabir

Nagar

25.

Raj Kumar S/o Sri Kamla Prasad

Village-Beve Post-Chitrahi

(Dumariyaganj) Distt.-Sddratha

Nagar

26.

Ram Sajivan S/o Sri Asthoula Post-

Bela-Bilan (Gagha) Distt.

Gorakhpur

27.

Shurendra Chuhan S/o Sri

Jagarnath Chuhan Village-Tadwa

Post-Batraoli Pandey Distt.-Deoria

28.

Baldesh Chuhan S/o Sri Ram

Shankar Village-Chhitarua Post-

Majhgawan Distt.-Deoria

29.

Kamlesh Chuhan S/o Sri Ram

Bihari Chuhan Village-Parsa

Jangal Post-Tivai Distt.-Deoria

30.

Ram Surat Yadav S/o Sri Ram

Badan Yadav Village-Gyalpur

Post-Jamuwaha Dekaok Distt.-

Azamgarh

31.

Samsher Saroj S/o Sri Ram Nath

Village-Gajor Post-Karouti

Mahnagar Distt.-Azamgarh

32.

Ravindra Nath Prajapati S/o Sri Ram

Lakhan Prajapati Village-Dandva

Chatur Post-Pandeypura Distt.-

Gorakhpur

33.

Mahesh Chaudhary S/o Sri Ratti

Chaudhary Village-Baddan Shukali

Purwa Post-Munderwa Distt-Basti

34.

Chandrashekhar Yadav S/o Sri Ram

Paud Yadav Village-Slahabad Post-

Semardadi, Ghanghta Distt.-Sant Kabir

Nagar

35.

Ram Chandra Chaudhary S/o Sri Jai

Ram Village-Slahabad Post-

Semardadi, Ghanghta Distt.-Sant Kabir

Nagar

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2149

36.

Sarvajeet Mahato S/o Sri Ram Khilavan

Mahto Village-Kopa Sonar Patti Post-

Kopa Bazar Distt.-Chapra (Bihar)

37.

Madho Shah S/o Sri Chandrika Shah

Village-Kopa Sonar Patti Post-Kopa

Bazar Distt.-Chapra (Bihar)

38.

Shiv Charan Verma S/o Sri Ram

Khelavan Village-Nawalur Post-

Shitalaganj Distt.-Pratapgarh.

39.

Anurudh Chaudhary S/o Tilak Ram

Village-Huse Mau Post-Munderwa

Distt.-Basti

40.

Jai Chandra Yadav S/o Sri Kanheiya

Lal Yadav Village-Nuse Mau Post-

Munderwa Distt.-Basti

41.

Purushotam Chaudhary S/o Sri Ram

Kumar Chaudhary Vill+Post-Kara Pithiya

Distt.-Basti

42.

Janardan Chaudhary S/o Sri Dhodhe

Vill+Post-Kara Pithiya Distt-Basti

43.

Ram Singh Chaudhary S/o Sri Ram

Bharat Chaudhary Vill+Post-Kara

Pithiya Distt.-Basti

44.

Ashok Kumar S/o Late Sri Satiram

Village-Kukadipur Post-Dariyapur

Nevada Post-Mehnajpur Distt.-

Azamgarh.

45.

Amarika Prasad S/o Sri Shayamu

Village-Parashurampur Post-Chau

Gambhirpur Distt-Azamgarh.

46.

Udai Bhan Chaudhyary S/o Sri

Kashi Prasad Chaudhary Village-

Cholkhari Post-Padari Distt.-Basti

47.

Prem Chandra Chaudhary S/o Sri

Shiv Pujan Chaudhary Village-

Hause Mau Post-Munderwa Distt.-

Basti

48.

Ram Jee S/o Sri Ram Samujh

Village-Maner Khurd Post-Magul

Distt.-Azamgarh.

49.

Ram Bachan Yadav S/o Sri Ram

Samujh Village-Maner Khurd Post-

Magul Distt.-Azamgarh

50.

Ram Lalit Chauhan S/o Sri Ram

Awadh Village-Badhya Post-

Badhya Bujurg Distt.-Deoria

51.

Ramakant S/o Sri Ram Awadh

Village-Badhya Post-Badhya

Bujurg Distt.-Deoria

52.

Ramasray Chauhan S/o Sri Kedar

Nath Village-Dhaorpani Post-

Ranihawa Distt.-Deoria

53.

Suraj Chauhan S/o Sri Ram Awadh

Village-Dhaorapani Post-Ranihawa

Distt.-Deoria

54.

Mahendra Lal S/o Sri Ahodhya Prasad

Saxsena Mo-Eman Jaie Jlal Nagaj

near Malakhawali Masjid ke piche (Tarai)

Distt.-Shahjhanpur UP.

55.

Ram Pratap S/o Sri Godhan Lal Village-

Muridapur Post-Pareli Thana-

Shahabad Distt.-Hardoi

56.

Ashok Kumar Saxsena S/o Sri Lala

Ram Saxsena, Jayasawal Colony

Puranpur Distt.-Pilibhit

57.

Rashid Khan S/o Sadik Khan Swale

Khan ki Tal Mo-Dilejak Distt-

Shahjhanpur

58.

Sanjay Singh S/o Sri Prati pal Singh

Q.No. I/F/63 Double Story

Distt-Shahjhanpur

59.

Jitendra Pal S/o Sri Maiku Lal

Mo-Dilejak Post-Rampur Thana-

Sadar Bazar Distt.-Shahjhanpur

60.

Mukesh Kumar Saxsena S/o Sri

Mahesh Chandra Q.No. 27/3 MG Road

Cant thenha-Sadar Bazar Distt-

Shahjhanpur

61.

Moh. khlid S/o Sri Sharaphat Ullah Mo-

hathithan Jlal Nagar Near Pali Clinic

Thenha Sadar Bazar Distt.-Shahjhanpur

62.

Dipak Kumar S/o Sri Hardeo Sidhuapar

(Thanvapar) Thanha-Badahalganj Post-

Badahalganj Distt.-Gorakpur

63.

Sanjay Kumar S/o Sri Banke Lal Link

Road Q.No. 17/1 Servant Qatar Factory

State Distt.-Shahjhanpur

64.

Santosh Kumar S/o Ved Ram Q.No. 38

Single Line Factory State distt.-

Shahjhanpur

65.

Anil Kumar Mishra S/o V.B. Mishra

H.No.-HA/3/I Factory State Distt.-

Shahjhanpur

66.

Ravi Kumar S/o Lakhan J type

H.No.-224/5 Factory State Distt-

Shahjhanpur

2150

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

67.

Dinesh Kumar S/o Sri Ayodhi

Prasad Q.No.-17 Link Road Servant

Qatar Factory State-Distt.-

Shahjhanpur

68.

Ram Lakhan Chaursiya S/o Sri

Ram VrikChh Chaursiya Village-

Maharaj Jee Vakaoli Post-Paikoli

Distt.-Deoria

69.

Basant Chauhan S/o Sri Ramdhari

Chauhan Village-Gangi Post-Lonkhar

Distt-Deoria

70.

Arjun Prasad Yadav S/o Sri Ram Ratan

Yadav C/o Amar Nath Yadav Village-

Parsdipur Post-Lutuhi, Distt.-Sant

Kabir Nagar.

71.

Krishna Yadav S/o Sri Shivsharn C/o

Amar Nath Yadav Village-Parsdipur

Post-Lutuhi, Distt. Sant Kabir Nagar.

ubZ fnYyh] 5 ebZ] 2015

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dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj lSfud QkeZ

fcUukxqM+h Nkouh dk izca/ku 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 ,oa Je U;k;ky; dksydkrk ds iapkV

¼lanHkZ la[;k lhthvkbZVh&16@2012½ dks izdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 01@05@2015 dks izkIr gqvk FkkA

[lañ ,y&42012@03@2015&vkbZvkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] MsLd vf/kdkjh

New Delhi, the 5th May, 2015

S.O. 992.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D. No. CGIT-

16 of 2012) of the Central Government Industrial

Tribunal Cum Labour Court, Kolkata now as shown in

the Annexure in the Industrial Dispute between the

employers in relation to the management of the

Management of Military Farm, Binnaguri Contonment

and their workmen, which was received by the Central

Government on 01/05/2015.

[No. L-42012/03/2015-IR (DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

AT KOLKATA

Application No CGIT-16 of 2012

(Under Section 2A(2) of the I.D. Act, 1947)

Parties: Shri Rajesh Oraon,

Vill, Pradhanpara, P.O. Gairkata,

Dist, Jalpaiguri,

Pin-735101

...Applicant

-Vs-

Management of Military Farm,

Binnaguri Cantonment,

Dist, Jalpaituri, Pin—735203.

...Opp. Party

Present: Justice Dipak Saha Ray, Presiding Officer

Appearance:

On behalf of the

:

None.

Management

On behalf of the

:

Mr. Gautam Debnath, Ld. Advocate.

Workmen

State: West Bengal

Date: 17th April, 2015.

AWARD

This is an application filed by one Shri Rajesh Oraon

under Section 2A(2) of the Industrial Disputes Act, 1947

against the management of Military Farm challenging that

his termination of service by the management is illegal,

invalid and void ab-initio and praying for his reinstatement

in service with back wages.

2. The Applicant is found absent when the matter is

taken up today. It appears from the record that the Applicant

is absent since 03.12.2014. Above conduct of the Applicant

goes to show that he is not at all interested to proceed with

the case further.

In view of the above, instant application is dismissed

being not moved.

Dated, Kolkata,

The 17th April, 2015.

Justice DIPAK SAHA RAY, Presiding Officer

ubZ fnYyh] 5 ebZ] 2015

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dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dksydrk VsysQksusl

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

,oa Je U;k;ky; dksydkrk ds iapkV ¼lanHkZ la[;k 22@2014½ dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 01@05@2015 dks izkIr gqvk

FkkA

[lañ ,y&40011@80@2013&vkbZvkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] MsLd vf/kdkjh

New Delhi, the 5th May, 2015

S.O. 993.—In pursuance of Section 17 of the

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

Government hereby published the award (I.D. Ref. No. 22

of 2014) of the Central Government Industrial Tribunal-

cum-Labour Court, Kolkata now as shown in the Annexure

in the Industrial Dispute between the employers in relation

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2151

to the management of the Calcutta Telephones and their

workmen, which was received by the Central Government

on 01/05/2015.

[No. L-40011/80/2013-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

AT KOLKATA

Reference No. 22 of 2014

Parties: Employers in relation to the management of

Calcutta Telephones

AND

Their workmen.

Present : Justice Dipak Saha Ray, Presiding Officer

Appearance:

On behlaf of the

: Mr. S.K. Karmakar, Ld. Counsel,

Management

On behalf of the

: None

Workmen

State: West Bengal

Industry : Telephone

Dated: 20th April, 2015.

AWARD

By Order No. L-40011/80/2013-IR(DU) dated

27.02.2014 the Government of India, Ministry of Labour in

exercise of its powers under Section 10(1)(d) and (2A) of

the industrial Disputes Act, 1947 referred the following

dispute to this Tribunal for adjudication:

"Whether the demand of the Calcutta Telephone

Contract Labour Union (CTCLU) not to deduct

wages from their monthly salary for their Agitational

programme during April & May 2013 is justified? if

so, what relief the contract workmen are entitled to?"

2. When the case is taken up for hearing today, none

appears on behalf of the union though the management is

represented by its Ld. Counsel. It appears from the record

that the union at whose instance the present reference

case has been initiated is absent since 08.09.2014.

3. Considering the facts and circumstances, it appears

that the union is not willing to proceed with this case further.

So, no fruitful purpose will be served in keeping the matter

pending.

4. In view of the above facts and circumstances,

present reference is disposed of by passing a "No Dispute

Award".

Dated, Kolkata,

The 20th April, 2015.

Justice DIPAK SAHA RAY, Presiding Officer

ubZ fnYyh] 5 ebZ] 2015

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vkWMZusUl QSDVªh] tcyiqj 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 ,oa Je U;k;ky;] tcyiqj ds iapkV

¼lanHkZ la[;k 85@99½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks

01@05@2015 dks izkIr gqvk FkkA

[lañ ,y&14012@38@98&vkbZvkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] MsLd vf/kdkjh

New Delhi, the 5th May, 2015

S.O. 994.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D. Case No. CGIT/

LC/R/85/99) of the Central Government Industrial Tribunal-

cum- Labour Court, Jabalpur now as shown in the Annexure

in the Industrial Dispute between the employers in relation

to the management of the General Manager, Ordnance Factory,

Jabalpur and their workmen, which was received by the

Central Government on 01/05/2015.

[No. L-14012/38/98-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL CUM LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/85/99

Shri Rajkamal,

C/o Krishanlal Sonhar,

Maharani Laxmi Ward,

Civil Lines, Katni

...Workman

Distt. Jablapur

Versus

General Manager,

Ordinance Factory,

Katni, Jabalpur.

...Management

AWARD

(Passed on this 15th day of April 2015)

As per letter dated 4-2-99 by the Government of

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

received. The reference is made to this Tribunal under

Section 10 of I.D. Act, 1947 as per Notification No. L-14012/

38/98/IR(DU). The dispute under reference relates to:

"Whether the action of the management of Ordnance

Factory in terminating the services of Shri Rajkamal,

Supervisor vide their order No. 664/1 dated 28-6-97

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

is entitled?"

2152

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

2. After receiving reference, notices were issued to

the parties. Ist party workman submitted statement of claim.

Case of workman is that he was dismissed from service in

pursuance of an enquiry held against him. Enquiry

conducted against him is illegal. That chargesheet supplied

to him is vague incapable of giving reply. Enquiry Officer

was biased. Enquiry was not conducted following

principles of natural justice. Finding of Enquiry Officer are

perverse and contrary to record. Workman was not supplied

relevant documents despite his request. On such ground,

workman prays for his reinstatement with consequential

benefits.

3. IInd party filed Written Statement at Page 3/1 to

3/3. Case of IInd party management is that Ist party workman

was caught with Govt property in Defence Production Unit

(Metallic Defence store) weighing 2.4 Kg. hidden in his

undergarment. That during search carried by Defence

Security Personnel on 14-9-95 at maingate, Government

Property was recovered. Workman was trying to go out of

premises with stolen material. It is further submitted that

during search operations on question by Security

Personnel, Workman was asked to go to Security Office.

He started shouting and used unparliamentary language.

After the workman was taken to security office, statement

was recorded by Duty Officer. The ceized material was

identified by Head of Stores Department. The material was

weighed and sealed in presence of duty officer.

4. It is further contented that chargesheet was issued

to workman under Rule 14 of CCS Rules, 1965. The

allegations against workman were of attempt of theft using

unparliamentary language. Workman denied charges.

Enquiry was conducted against workman. Enquiry Officer

submitted report on 28-4-97 holding charge of attempt of

theft of Government property proved. The finding of

Enquiry Officer are based on evidence. The representation

of workman dated 14-6-97 was found without merit.

Punishment of dismissal was imposed against workman on

28-6-97. It is reiterated that the findings of Enquiry Officer

are based on evidence. Enquiry was conducted properly.

The appeal preferred by workman was dismissed.

5. As per order dated 27-9-2013, enquiry conducted

against workman was found proper and legal. Considering

pleadings on record, the points which arise for may

consideration and determination are as under. My Findings

are recorded against each of them for the reasons as

below:—

(i) Whether the miscondct

In Affirmative

alleged against workman

is proved from evidence in

Enquiry proceedings?

(ii) Whether the punishment

In Affirmative

of dismissal imposed

against workman is

proper and legal?

(iii) If not, what relief the

Workman is not

workman is entitled to?"

entitled to any relief.

REASONS

6. As order dated 27-9-2013, enquiry conducted

against workman is found legal. Whether charges against

workman are proved or not and quantum of punishment is

legal remains for consideration. W.r.t. Ist point, evidence in

Enquiry Proceedings needs to be considered.

Learned counsel for workman Shri R.C. Shrivstava

advanced argument that ceizure of the Government Property

was not prepared to connect workman with the guilt. That

two other charges were also held not proved. Rigorous

search of workman was taken in search now. No witness is

examined. The evidence in Enquiry Proceedings does not

connect CSE with admitted theft. The punishment of

dismissal from service is harsh as it amounts to civil death.

8. The record of Enqiry proceedings is produced.

Evidence of management's witness is devoted on the point

of legality of enquiry conducted against workman. Learned

counsel for IInd party has submitted written notes of

argument narrating the factual matrix. The record of enquiry

proceedings shows statements of management witness Shri

C.K. Mukhopadhyay, witness No. 2 V.K. Chouksey, MW-3

Ompal Singh, MW-4 Shri Prem Ballabh are recorded in detail.

All the witnesses of management were cross-exmined

extensively. As per evidence of management's witnesses,

search of workman was taken in the search row by Ompal

Singh. The evidence of other witnesses is consistent on

the point of personal search of workman was taken and

after the room was opened, the material was found on table.

MW-2 Shri V.K. Chouksey in his evidence says rigorous

search of workman was taken by Ompal Singh.

Shri Rajkumar was asked to carry the bundles to Security

Office. He denied and stated that bundles were not

recovered from these persons. Rather these were kept in

the room. After that the statement and statement of Prem

Vallabh were recorded. The weight was found approximately

3 Kg. similarly evidence is given by Witness No. 2

management witness Ompal Singh in his statement says

Rajkumar was taken to the search room and he was asked

to put off his clothes. Search was taken. At the time of

search, 3 bundles of wife was found beneath his underwear.

His evidence on the point is not shattered in cross-

examination. In reply to Question by Presenting Officer, he

says he did not tell anything. He had no rifle with him at the

time of incident. He further says that after material was

found with workman, he reported about it to Shri V.K.

Chouksey, Duty Officer. In his cross-examination,

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2153

Shri Ompal Singh says at the time of Prem Vallabh was

deputed in metal detector room and he was no duty in

search room, he was deputed to take search of workman as

Prem Vallabh expressed inability to take his search. MW-3

in his further cross-examination says that some register is

being used for both purpose. MW-3 in his further cross-

examination says that only Shri Raj Kumar was trying to

take out the material. He did not know the procedure and

details of it. In reply to question- how many other persons

were in rigorous search, the management's witness says

none else. The evidence of Witness No. 4 Prem Vallabh

corroborates his evidence. The evidence of witness Shri

M.P. Tiwari is devoted on the point he had seen BSE

persons taking Rajkumar out of search room holding his

hand. He claimed ignorance about any conversation by

workman. His evidence on above point is not challoenged

in his cross examination.

9. The argument advanced by Shri R.C. Shrivastava

for workman that as ceizure memo was not prepared,

workman is not connected with incident cannot be accepted.

Only witnesses have narrated that workman was taken to

search room and Ompal Singh in his evidence says on

search of workman, material were found weighing

approximately 3 kg the scope of judicial review under

Section 11-A of ID Act is limited whether the findings of

Enquiry Officer are not supported by any evidence and as

such perserse. In present case, all the witnesses have seen

workman taken to search room and Ompal Says that he had

taken personal search of the workman and found the

material. The evidence cannot be re-appreciated. The

burden of proof, the matters of DE is on the principles of

probabilites and not of the degree of proof beyond

reasonable doubt. Considering the evidence of witnesses

of management discussed above, the findings of enquiry

officer cannot be said perverse. The evidence of

management's witness proves charge of attempt to theft of

Government property by workman. For above reasons, I

record my finding in Point No. 1 in Affirmative.

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

charge against workman is proved from evidence in Enquiry

Proceedings, question remains for consideration is whether

the punishment of dismissal imposed against workman is

proper and legal. The evidence discussed above shows

that Government Property was bundles approximately

weighing 3 kg were admitted to be stolen by workman. the

charge is proved. The act attempting to commit theft of

Government property working with IInd Party Ordnance

Factory certainly is a misconduct of serious nature.

Therefore the punishment of dismissal imposed against

workman cannot be said excessive, disproportionate,

punishment of dismissal imposed against workman appears

proper, reasonable no interference is justified. for above

reasons, I record my finding in Point No. 2 in Affirmative.

11. In the result, award is passed as under:—

(1) The action of the management of Ordnance

Factory in terminating the services of Shri

Rajkamal, Supervisor vide their order No. 664/1

dated 28-6-97 is proper and legal.

(2) Workman is not entitled to any relief.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 5 ebZ] 2015

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tcyiqj ds iapkV ¼lanHkZ la[;k lhthvkbZVh@,ylh@vkj@302@97½

dks izdkf'kr djrh gS] tks dsnzhU; ljdkj dks 01@05@2015 dks izkIr

gqvk FkkA

[lañ ,y&42012@151@96&vkbZvkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] MsLd vf/kdkjh

New Delhi, the 5th May, 2015

S.O. 995.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (I.D. Case No. CGIT/LC/R/

302/97) of the Central Government Industrial Tribunal Cum

Labour Court, Jabalpur now as shown in the Annexure in

the Industrial Dispute betweeen the employers in relation

to the management of the General Manager, Govt Afeem &

Alkaloid Works, Mansour and their workman, which was

received by the Central Government on 01/05/2015.

[No. L-42012/151/96-IR (DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL CUM LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/302/97

Shri Purushottam,

S/o Shri Jagdishchandra Mangal,

86-Hudco colony,

Neemuch,

Distt. Mandsour

...Workman/Union

Versus

The General Manager,

Govt. Afeem & Alkaloid Works

Neemuch,

Distt. Mansour

... Management

2154

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

AWARD

Passed on this 13th day of April, 2015

1. As per letter dated 8-23/10/97 by the Government

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

received. The reference is made to this Tribunal under

Section-10 of I.D. Act, 1947 as per Notification No.L-42012/

151/96-IR(DU). The dispute under reference relates to:

'Whether the action of the General Manager, Govt.

Afeem & Alkaloid Works, Neemuch, Distt. Mandsaur

(MP) in terminating the services of Shri Purshottam,

S/o Shri Jagdish Chandra Mangal, Ex. Lower Division

Clerk w.e.f. 10-4-95 is legal and justified? If not, to

what relief the workman is entitled for?

2. After receiving reference, notices were issued to

the parties. Ist party workman submitted statement of claim

at page 3/1/ to 3/6. Case of workman is that he was

intermittently working as LDC on 13-4-77 to 31-8-77, 1-9-77

to 7-10-77, 1-5-78 to 28-12-78, 11-1-79 to 18-12-80 with IInd

party. That termination of his service from 18-12-80 was

challenged in R/2/83 before this Tribunal. The award was

passed on 12-11-1984 in favour of Ist party workman for

reinstatement with backwages. Said award was challenged

before Hon'ble High Court Indore bench. Workman was

reinstated from 6-2-87. Writ Petition was dismissed and

review applications were also dismissed.

3. On 5-1-94, chargesheet was issued by General

Manager of IInd party alleging unauthorized absence from

duty, habitual absence from duty etc. He submitted reply

to chargesheet on 15-2-94. Shri S.L. Arya was appointed as

Presenting Officer, Mr. A. Ajiz was appointed as Enquiry

Officer. Lateron Shri B.R. Verma was appointed as Enquiry

Officer in place of Mr. Ajiz. It is submitted that workman

had requested chargesheet in Hindi. Management refused

to supply chargesheet in Hindi. The enquiry was initiated.

Enquiry was fixed on various dates. Enquiry could not be

conducted. Statement of any witness was not recorded in

Enquiry Proceedings. Workman had contented that his

services are not covered by Central Service Rules. The

enquiry was stayed on 18-1-95, workman received letter

claiming that management was not bound to follow

particular rules. the date of enquiry was not informed. It is

reiterated that workman was not given opportunity for his

defence. His services were terminated from 10-04-95.

Workman submits that charges were not proved from

evidence of any management's witnesses. Dismissal of

workman is illegal. Workman prays for reinstatement with

backwages.

4. IInd party submitted Written Statement at page

8/1 to 8/3 opposing claim of workman in para-1 of Written

Statement, IInd party has admitted intermittent employment

of workman on contractual/temporary basis. IInd party

contented that workman never appointed on regular basis

following prescribed procedure. The Appointing Authority

of LDC is Dy. Commissioner, Narcotics. Workman was not

issued appointment letter by said authority. IInd party has

admitted earlier dispute referred by order dated 19-12-90.

The Tribunal had directed management to reinstate

workman in service. Award was challenged in W.P. 310/85.

Said petition was dismissed. On 22-6-95, the LPA filed by

management was also dismissed.

5. IInd party submits that workman is habitual of

remaining absent without prior intimation or getting leave

sanctioned. Workman was issued show cause notice on

5-1-94. He denied allegation against him, management

appointed Enquiry Officer. Enquiry Officer submitted his

report on 16-3-95 holding charges agaisnt workman are

proved. It is reiterated that workman was asked to submit

his representation against report of Enquiry Officer. The

Disciplinary Authority General Manager did not find

substance in the reply submitted by workman, he was

removed from service on 10-4-95. Action of management is

legal. Enquiry conducted against workman is legal. It does

not suffer from any infirmity. On such ground, IInd party

prays for rejection of claim of workman.

6. As per order dated 14-6-2013, enquiry conducted

against workman is vitiated. Considering pleadings on

record, the points which arise for my consideration and

determination are as under. My findigns are recorded

against each of them for the reasons as below:—

"(i) Whether the action of the

In Negative

General Manager, Govt.

Afeem & Alkaloid Works,

Neemuch,

Distt. Mandsaur (MP) in

terminating the services

of Shri Purushottam, S/o

Shri Jagdish Chandra Mangal,

Ex. Lower Division Clerk w.e.f.

10-4-95 is legal and justified?

(ii) If not, what releif the

As per final order,

workman is entiteld?''

REASONS

7. Point No. 1 As per order dated 14-6-2013, enquiry

is found vitiated, the case was fixed for evidence of

management on 19-11-2013,. Management did not adduce

any evidence to prove charges alleged against Workman.

Workman filed affidavit of his evidence on 6-5-2014

supporting his contentions in statement of claim. Workman

has stated that charges alleged against him were baseless.

He had not committed any misconduct. Since termination

of his service, he was unemployed, he is not working at

other place. It is unfortunate that even after enquiry again

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2155

workman found vitiated. Management of IInd party did

not take care of the matter. The cousel for IInd party

remained absent. Workman was not cross examined. His

evidence remained unchallenged . To conclude, after

enquiry is found vitiated, management of IInd party has

not taken care to adduce evidence to prove charges alleged

against workman. Therefore order of removal against

workan is illegal. Therefore, I record my finding in point

No. 1 in Negative.

8. Point No. 2—workman in his affidavit to evidence

has stated that he is unemployed, his evidence remained

unchallenged. Management failed to adduce evidence. I

find no reason to deny reinstatement of workman with

backwages when charges are not proved and there is no

evidence that workman is in gainful employment after

termination of his service therefore workman is entitled for

his reinstatement with back wages. Accordingly, I record

my finding in Point No. 2.

9. In the result, award is passed as under:—

(1) The action of the General Manager, Govt. Afeem

& Alkaloid Works, Neemuch, Distt. Mandsaur

(MP) in terminating the service of Shri Purshottam,

S/o Shri Jagdish Chandra Mangal, Ex. Lower

Division Clerk w.e.f. 10-4-95 is not proper.

(2) IInd party is directed to reinstate workman with

continuity of service and full back wages.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 5 ebZ] 2015

dk-vk- 996-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj tujy eSustj]

c®d uksV izsl 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 ,oa Je U;k;ky; tcyiqj ds iapkV ¼lanHkZ la[;k

lhthvkbZVh@,ylh@vkj@73@05½ dks izdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 01@05@2015 dks izkIr gqvk FkkA

[lañ ,y&16012@1@2005&vkbZvkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] MsLd vf/kdkjh

New Delhi, the 5th May, 2015

S.O. 996.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D. Case No.

CGIT/LC/R/73/05) of the Central Government Industrial

Tribunal-cum-Labour Court, Jabalpur now as shown in the

Annexure in the Industrial Dispute between the employers

in relation to the management of the General Manager, Bank

Note Press and their workman, which was received by the

Central Government on 01/05/2015.

[No. L-16012/1/2005-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/73/05

Smt. Sumitra Bohare,

Manoj Bohare,

Jitendra Bohare &

Ku. Sheela Bohare-LRs of

Shri Ramchandra Bohare,

H.No. 70, Subhash Marg, Kannod,

Distt. Dewas,

... Workman

Dewas MP

Versus

General Manager,

Bank Note Press,

... Management

Dewas (MP)

AWARD

Passed on this 15th day of April, 2015

1. As per letter dated 15-7-05 by the Government of

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

received. The reference is made to this Tribunal under

Section 10 of I.D. Act, 1947 as per Notification No. L-16012/

1/2005-IR (DU). The dispute under reference relates to:—

"Whether the action of the management of General

Manager, Bank Note Press, Dewas in terminating the

services of Shri Ramchandra Bohare w.e.f. 15-3-83 is

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

for?"

2. After receiving reference, notices were issued to

the parties. Ist party workman submitted statement of claim

at Pages 2/1 to 2/3. Case of workman is that he was

appointed as temporary mazdoor by IInd party on 27-7-79

on daily wages. His services were regularised on 23.11.79

in Pay Scale of Rs. 196-3-220-EB-272. His services were

confirmed on probation of one year as per order dated

24-11-79. That workman had participated in National Family

Planning Programme on 18-6-81. Thereafter he was not

keeping good health. He was absent from duty. Workman

has shown his absence from duty, LWP, HPL during 1980

to 1983. Workman was served one months notice on

8-3-83, his services were terminated paying salary for period

found less to one month notice. Workman had received

card from Employment Exchange office for his employment.

Though workman was allowed to work during 9-2-89 to

14-5-89, he was not paid wages. He had filed original

application 326/99 before CAT, Jabalpur which was decided

on 21-1-03. Workman was allowed liberty to approach

competent forum.

3. Workman submits that his services were orally

terminated. Any chargesheet was not issued to him. The

2156

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

CCS CS Rules 1965 are deliberately violated, terminating

his services without hearing. Workman reiterates his

services are terminated in violation of Section 25-F of ID

Act is not paid 3 months pay, retirement allowance are not

paid to him. Though workman worked for 3 months in IInd

party, he was not paid wages for said period. Services were

orally terminated. On such ground, workman prays for his

reinstatement with backwages.

4. IInd party filed Written statement at Pages 6/1 to

6/5 opposing claim of workman. IInd party did not dispute

appointment on daily wages of Ist party workman from

24-9-79. The condition of appointment was services could

be terminated by both side giving one months notice.

Workman was remaining unauthorisely absent.

Chargesheet was issued to him on 1-9-82. Increment of

workman was withheld for 3 months. Workman did not

show improvement in his conduct. Appointment Authority

invoking Rule 5(1) of CCS temporary services dismissed

workman, one months pay was paid to the workman. The

appeal filed by workman challenging order of his dismissal

was also dismissed on 15-4-83.

5. A drive was initiated for filling post of SC. Workman

was called for interview on 19-7-89. 32 candidates were

interviewed. The performance of workman was found lower

than other candidates therefore he could not be selected.

The workman had filed Writ Petition 326/99 challenging his

dismissal. As per order dated 22-7-99, Hon'ble High Court

had directed to consider representation of workman after

workman submits his grievances. Workman did not submit

his application rather workman filed review application

against said order. It is reiterated that workman was

appointed on temporary basis. As workman was remaining

unauthorisedly absence, his services were terminated

under CCS Temporary Rule 5(1). The Opportunity was given

to workman. Though he was interviewed, his performance

was found low therefore workman could not be appointed.

Above contentions are reiterated by IInd party. It is

submitted that workman is not entitled to any relief.

6. Workman filed rejoinder at Pages 10.4 to 10/7

reiterating his contentions in statement of claim.

7. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

"(i) Whether the action of

In Negative

the management of

General Manager,

Bank Note Press,

Dewas in terminating

the services of

Shri Ramchandra Bohare

w.e.f. 15-3-83 is justified?

(ii) If not, what relief the

As per final order.

workman is entitled to?"

REASONS

8. The workman died during pendency of reference.

His LRs Smt. Sumitra Bohare, Manoj Bohare, Jitendra

Bohare & Ku. Sheela Bohare are allowed to be brought on

record. In support of his claim, workman filed affidavit of

his evidence supporting his claim that he was appointed

as tempoary labour on 10-7-79. His services were regularised

by order dated 23-11-79 on Pay Scale of Rs. 196 from

30-11-79, he was allowed benefit of Pay Scale of Rs. 196-3-

220-232. The memo prior to 30-4-79 relating to strike was

withdrawn. He was operated of tubectomy (Family Planning)

on 8-9-81, allowing increment Rs. 3/-. He was served with

chargesheet on 1-9-82, alleging unauthorized absence from

duty. The chargesheet was replied by him denying

allegations. By order dated 15-10-82, his increment was

stopped for 3 months without cumulative effect. Workman

has also narrated his absence from duty claiming that he

was granted leave of different types including commuted

leave. Workman in his cross-examination says he was

appointed on 10-7-79 though he was called on work from

5-7-79. As per order dated 30-9-79, he was appointed on

probation. On 9-2-82, chargesheet was issued to him. Any

chargesheet was not issued to him before termination of

his service. His 3 increments were withheld for 3 months

on chargesheet issued earlier to him, the show cause notice

issued to him was in respect of strike. He was not served

with any notice.

9. Management's witness Shri K.K. Pandit filed

detailed affidavit supporting contentions of management

that in offer of appointment, the light of terminating service

of workman paying one months salary in lieu of notice.

Ist party workman is tempoary employee. The chargesheet

was issued to him on 16-8-82, the increment of workman

was withheld for 3 months. Workman did not show any

improvement. The services of workman were terminated

under Rule 5(1) of Temporary Service Rules 1965 from

15-3-83. Workman had filed original application 326/99

before CAT. Said petition was dismissed with liberty to the

workman to approach proper forum. Management's witness

in his cross-examination denies that workman was

sanctioned leave. However management's witness agrees

that no DE was held against workman before terminating

his services. Management's witness denies that services

of workman are terminated for Union activities.

Management's witness admits that Appellate Authority

remanded the matter. He further explains that direction was

given by RLC.

10. Documentary evidence on record Exhibit M-1 is

copy of order dated 23-11-79 workman was appointed

tempoary as labour. Condition of appointment are given in

para-2 that the services of workman were terminable giving

one months notice or salary in leiu of notice. Annexure R-2

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2157

though admitted has not been exhibited. Order dated

10-10-82 was passed withholding increment of Ist party

workman for 3 months. R-3 is order of dismissal dated

15-3-83. Identical documents are produced by workman

also. Exhibit W-1 is appointment order dated 30-6-79 as

daily wage employer. Exhibit W-2 is also order of

appointment on daily wages Rs. 4/- per day. Exhibit W-3 is

copy of appointment order dated 23-11-79. Service of

workman was terminable giving one months notice. Exhibit

W-4 is workman along with others were appointed on

probation period. The period of probation is not mentioned

in the order. Exhibit W-5 is article of charges relating to

unauthorized absence of workman. Exhibit W-6 is reply

given by workman that he could not attend duties as he

was suffering from illness. Exhbit W-7 is copy of order

withholding increment for 3 months. Exhibit W-8 is notice

dated 8-3-83 for termination of service of workman after

one month. However without waiting for one month period,

the order of termination was issued on 15-3-83 Exhibit W-9.

In order Exhibit W-9 working days of workman is enclosed.

Exhibit W-10 is order dated 15-3-83 rejecting representation

of workman. Exhibit W-11 is memorandum dated 1-6-83.

That matter pertaining to workman was considered with

sympathy. As per Exhibit W-2, workman was informed, his

services were terminated for unauthorized absence. As per

Exhibit W-13, the representation of workman was rejected

as per Exhibit W-14, appeal of workman was dismissed.

Exhibit W-15 is copy of notice issued by ALC. Exhibit W-16

is reply given by IInd party.

11. Documents on record clearly shows that workman

was appointed on probation without mentioning period of

probation. When chargesheet was issued to workman, his

increment was stopped for 3 months without cumulative

effect on the basis of chargesheet issued earlier. Before

terminating his service, workman was not served with

chargesheet, no enquiry was conducted against him under

the guys that workman was in temporary service. His

services are terminated under CCS Rule 5(c) of Temporary

Service. When workman is granted increment, his increment

was withheld, the contention of management that workman

was in temporary service cannot be accepted. Earlier the

workman was treated as regular employee and chargesheet

was issued to him. IInd party has admitted that workman

was not temporary employee therefore chargesheet was

issued to him. Workman was appointed in June 1979. His

services are terminated on 15-3-83. The payment of one

months pay is not supported by cogent evidence. The

reasons for termination of workman are not given. For the

reasons discussed above, action of management of IInd

party cannot be said legal. Therefore I record my finding in

Point No. 1 in Negative.

12. Point No. 2- the termination of services of

workman under Rule 5(c) CCs Temporary Service Rules is

found legal. Workman died during pendency. He had

completed service of about 4 years. His LRs are brought

on record, workman cannot be reinstated. Considering the

length of service of workman rendered, reasonable

compensation to his LRs would be appropriate. In my

considered view considering facts of the case,

compensation Rs. One Lakh would be reasonable.

Accordingly I record my finding in Point No. 2.

13. In the result, award is passed as under:—

(1) The action of the management of General Manager,

Bank Note Press, Dewas in terminating the

services of Shri Ramchandra Bohare w.e.f. 15-3-83

is not proper and legal.

(2) IInd party is directed to pay compensation

Rs. One Lakh to the widow of the deceased

workman Smt. Sumitra Bohare within 30 days from

the date of publication of this Award.

In case of default, amount shall carry 9% interest per

annum from the date of award till its realization.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 5 ebZ] 2015

dk-vk- 997-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj VsyhdkWe e/;

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[lañ ,y&40012@111@2003&vkbZvkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] MsLd vf/kdkjh

New Delhi, the 5th May, 2015

S.O. 997.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D. Case No.

CGIT/LC/R/59/2004) of the Central Government Industrial

Tribunal-Cum-Labour Court, Jabalpur now as shown in

the Annexure in the Industrial Dispute between the

employers in relation to the management of the Telecom

MP Circle and their workman, which was received by the

Central Government on 01/05/2015.

[No. L-40012/111/2003-IR(DU)]

P.K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/59/04

Shri L.D. Sharma, Secretary,

Akhil Bhartiya Doorsanchar Karamchari Sangh Line

2158

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

Staff & Class IV,

O/o Sub Division Telephone Officer,

Madanmahal Premnagar,

Jabalpur (MP)

...Workman/Union

Versus

Chief General Manager,

Telecom Bhawan,

Hoshangabad Road,

Bhopal (MP)

...Management

AWARD

Passed on this 16th day of April 2015

As per letter dated 5-5-04 by the Government of India,

Ministry of Labour, New Delhi, the reference is received.

The reference is made to this Tribunal under Section-10 of

I.D. Act, 1947 as per Notification No. L-40012/111/2003-

IR(DU). The dispute under reference relates to:

"Whether the action of the management of Chief

General Manager, MP Telecom Circle, Bhopal MP in

terminating the services of Shri Bharat Lal S/o

Shri Amarnath and other 116 casual workers (list

enclosed) and not regularizing their service is legal?

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

2. After receiving reference, notices were issued to

the parties. The case of Ist party Union Akhil Bhartiya

Doorsanchar Karamchari Sangh Line Staff & Class IV

submitted statement of claim at Page 2/1 to 2/3. Case of

Ist party Union is that the workman related to the dispute

Bharat Lal and 116 others were employed as casual labour

by the management of IInd party. Those workers worked

more than 240 days in calendar year preceding their

termination. The Union challenged termination of services

of those workmen. Union contented that all those workmen

continuously worked for more than 240 days in calendar

year preceding their termination. Those workers are deemed

to be in continuous service under Section 25B of ID Act.

That section 25-F, H of ID Act were not complied by

IInd party, the workers were not paid retrenchment

compensation prior to termination of their service. The

termination of service is illegal. Principles of last come first

go was not followed while terminating services by

management, permission under Section 25N of ID Act was

not obtained by the management. Instead of terminating

services of concerned workman, they should have been

regularised as per scheme framed by the management in

pursuance of directions given by Hon’ble Apex Court.

3. By amendment, Union has further pleaded that the

Supreme Court had given directions in case of Daily Rated

Casual Labour Employed under P&T Department versus

Union of India and other issued a direction to the

government to frame a scheme for giving temporary status

to the casual employees working in the department and

pursuant of the said judgement the P&T department framed

the scheme for purpose of giving temporary status to the

workmen. In said scheme there is a provision for

regularization of casual labour who put more than one year

service before 30-3-85 thereafter the Telecommunication

department framed another scheme and worked out cases

for absorption of casual labour who have been confirmed

temporary status from 25-6-93 i.e. in respect of person

engaged after 30-3-85 and prior to 22-6-88. That CAT

Jabalpur had allowed temporary status to the casual

employees who were working along with the concerned

workmen in the reference. The action of IInd party not

giving temporary status to workman concerned with

dispute is arbitrary, illegal. Those workman should have

been regularised by IInd party. On such ground, Union

prays that reference be answered in its favour.

4. IInd party filed Written Statement at Page 9/1 to 9/

9 opposing claim of Union. IInd party raised objection that

Shri L.D. Sharma President of Akhil Bhartiya Doorsanchar

Karamchari Sangh Line Staff & Class IV is not competent

to raise dispute as Ist party Union is not recognized Union.

Ist party claims that he is labour/office bearer of the

employees Association. BSNL was established in the year

2000. The staff was absorbed in BSNL as per the option

given by the employees. The meeting with Federation/

association of Union was called on 27-2-01 by management

in Chairmanship of MP BSNL. On 4-10-02, the BSNL has

declared the recognized Union to NFTE BSNL. After

2 years, NFTE BSNL membership was verified and BSNL

Employees Union was found eligible Union. It is reiterated

that Union has no locus standi to raise the dispute. It is

further contended that Ist party Association challenged

order of retrenchment of workers for violation of Section

25 F, H of ID Act contending managment not paid

retrenchment compensation to the workers shown in the

enclosed list. It is alleged that their termination is void.

IInd party submits that contentions of Union are not tenable.

The Telecom department was merged in BSNL. Ist party

Union has not carried the amendments. His claims suffers

from non-joinder of parties. It is further contented that MP

Telecom Circle having largest areas in the country, the

telephonic facilities were less in comparison to other rural

areas. In order to complete the project works, casual labours

were engaged by Telecom Department, now called BSNL

at various places. Those casual workers were engaged on

daily payment basis for specific work. The work was

discontinued after completion of projects. Workman

appearing in the list submitted with statement of claim were

also engaged for works as per requirements and that is for

specific work on daily wages. Workman concerned with

dispute are not entitled for reinstatement.

5. Ist party Association has not supplied details of

the workman related to the nature of work under which

authority they were working, the duration of work, the

period of work therefore the claim of Ist party is not tenable.

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2159

6. IInd party submits that the penal of list attached

with statement of claim shows workman worked during

1977 to 1990. After 1990, they were not enrolled on daily

wages casual labour. They were engaged for specific work

as per requirement. Those who have not completed 240

days continuous service during any of the year. The dispute

is raised after long lapse of time. Claim is highly belated

and barred by time is not tenable. The Association failed to

establish whether worker's names appear in the list attached

with statement of claim are still unemployed or without any

job. It is submitted that workman retrenched by IInd party

were paid compensation. Management submits that

sufficient opportunity was given to Ist party Association

to supply particulars in the interest of workman.

7. IInd party further submits that as per directions

issued by Supreme Court, casual labour grant of temporary

status and regularisation scheme 1989 was introduced.

(a) The workers engaged prior to 30-3-85, (b) continuing as

casual worker as on 7-11-89, (c) have completed 240 days

in a year. The benefit of said scheme was extended to casual

workers engaged in project and electrification works on

the condition that — (a) they have been engaged between

31-3-85 to 22-6-88, (b) they are continuing as on the date of

respective orders i.e. 25-6-93, (c) they have not remained

absent for more than 365 days w.e.f. the issuance of the

respective orders. IInd party further submits that the

discontinuation of workmen is covered under Section

2(oo)(bb) of ID Act and the same does not amount to

retrenchment.

8. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

(i) whether the action of the

In Affirmative

management of Chief

General Manager, MP

Telecom Circle, Bhopal

MP in terminating the

services of Shri Bharat Lal

S/o Shri Amarnath and

other 116 casual workers

(list enclosed) and not

regularizing their service

is legal?

(ii) If not, what relief the

Workmen are not

workman is entitled to?"

entitled to any relief.

REASONS

9. The terms of reference relates to legality of

termination of Bharat Lal S/o Amarnath and 116 casual

labours name shown in list enclosed with order of reference.

Ist party Union is challenging termination of those casual

labours claiming regularization as per the scheme framed

by the department. Parties are not in dispute about scheme

framed as per directions given by the Supreme Court in

case daily rated casual labours employed in P&T Dett.

Versus Union of India. There is serious dispute between

parties about completion of 240 days continuous service

by all those casual labours and violation of Section 25-F of

ID Act. The parties are also in dispute about benefit of

Casual Labour Regularisation Scheme 1989. The benefit of

said scheme could be extended to casual labours engaged

prior to 30-3-85 continuing as casual workers on 7-11-89

and completing 240 days in a year. The affidavit are filed by

IInd party of Shri S.A. Khan, Arun Mehto, J.P. Thakur, S.K.

Singh, R.K. Tiwari, A.K. Yadav, Manoj Kumar, N.K. Mitra,

Hamit Khan, A.N. Singh, M.K. Jharia, B.S. Sakarwar, Johrilal

Satya, N.D. Sharma. That documents related to casual

workers are not available. As per rules in Appendix V, the

documents like muster rolls are preserved for period of 5

years.

10. Identical affidavit of evidence are filed by

workmen Shri Arun Tiwari, B.L. Verma, Sohanlal, Manoj

Kapoor. All of them are cross-examined. Shri Arun Tiwari

has stated that he was engaged as casual labour from 1986

to 1990. He worked more than 240 days. His services were

terminated without paying retrenchment compensation. In

his further cross-examination, he says his name was not

sponsored through Employment Exchange. He was not

orally interviewed. He was working as per muster roll. He

was looking the work of telephone fault. He had not

received any training. He was receving pay for his working

days. He was not member of All India Telephone Employees

Union. He worked from May 1986 to 1990. Sunday was

holiday, Saturday was working day. He was not availing

leave. He denied suggestion that he not completed 240

days during any of the year. Shri B.L. Verma has deposed

statement of claim is filed in English not in Hindi. It was

explained by counsel in Hindi. his name was registered in

Employment Exchange. He did not receive any letter from

Employment Exchange. Once he was orally examined, he

was working as per muster roll. Appointment letter was not

given to him. He was engaged at different places after the

work was completed at Rewa, Chhattarur, Katni, Jabalpur.

He denies that he was engaged for specific work. He denies

that he had not completed 240 days continuous service.

Shri Sohanlal says he was engaged in 1986 to 1990. He has

also denied suggestion that he not completed 240 days

continuous service. He claims ignorance whether for same

labours, Union filed case before this Tribunal was dismissed.

Shri Manoj Kumar has also denied suggestion that he not

completed 240 days continuous service. In his further

cross-examination, he says he knows only one Union, he

claims ignorance whether the Union is recognized or not?

He reiterates that he was working 365 days in a year. He

had received letter from Employment Exchange but it is not

produced in the case.

11. Affidavit of Riyaz Ahmed, Ghansham Pasi, Aftab

Kosa, Ramsingh, Keshav Das, Ramadhar, Rubilal are filed

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[PART II—SEC. 3(ii)]

in the case but they were not available for cross-

examination. Their evidence cannot be considered.

Management filed affidavit of evidence of Shri D.S. Thakur

supporting its contentions. In para-4 of his affidavit, he

syas that workman shown in the list never worked for

department. That after 1990, those casual labours were not

engaged. He refers to statement of claim that workers were

claiming to have been engaged as casual labors during

1977 to 1990. The dispute is raised after long lapse of time

is barred. In para-7 of his affidavit, the department had

prepared scheme for regularization of casual labours

engaged prior to 31-3-85 continuing as casual labours as

on 7-11-89 completing 240 days in any year. Management's

witness in his cross-examination says that the workman

was paid wages for working days in the department. In

1990, workman left work. There was no need to give notice.

He claims ignorance whether wages were paid monthly or

weekly. The benefit of scheme for regularization of

temporary employees was given to the employees who

were fulfilling the conditions.

12. The evidence of Ist party workman about

completion of 240 days continuous service by them is not

supported by any document. As discussed above,

management has filed affidavit that the documents are not

available. The dispute pertains to the year 1990. The dispute

is referred as per order dated 5-5-04 i.e. after 14 years.

Management could not produce the documents after such

long lapse of time. Any of the office bearer of Union is not

examined as witness. All witnesses of Ist party have given

evidence in their individual capacity. Various applications

were filed by IInd party requesting details about identity

of workman, the period of work etc. The details submitted

by Ist party Union is not substantiated by evidence of any

of the witnesses.

13. Learned counsel for Ist party Shri R.C.

Shrivastava produced copy of judgement by CAT Jabalpur

in OA 411/90 and others. From reading of said judgment, it

is clear that most of the labours who were appointed have

completed more than 240 days and chart have been filed in

each case showing the actual days of work performed by

each of the petitioner. These charts are not disputed by the

department. The position in present case is different. The

parties ar ein serious dispute about completion

240 days continuous service by all 117 casual labours. In

Para-6 the working days of petitioner are shown during the

year 1985 to 1990.

In present case, there is no cogent evidence about

completion of 240 days service by all those casual labours

except their worn affidavit. Therefore common judgment

by CAT cannot be followed even for persuasive purpose.

14. Learned counsel for Ist party Shri R.C.

Shrivastava relies on ration held in catin of cases—

In case of Employer versus President, Rajhara Colliery

Mazdoor Sangh reported in 2014-II-LLJ-333. Her Lordship

of Jharkhand High Court dealing with regularization of

casual labours and the question whether Tribunal Labour

Court have power to issue directions for creation of post

for regularization of workmen.

In para-22 of the judgment, it was observed that WW-

1 and WW-2 have consistently stated that the casual wagon

loaders have individually completed 240 days in a calendar

year. To substantiate the oral evidence, on behalf of the

workmen, the statement prepared by the Union as Exhibit

W-3 in respect of production in the colliery and number of

days and attendance put in per head was produced.

Workmen have discharged the burden cast upon them

establishing that the workmen worked for more than

240 days.

In present case, the evidence of witnesses of Ist

party is not supported by any documents like Exhibit W-3

in above cited case. Therefore the ratio cannot be applied

to present case at hand.

In case of H.D. Singh versus Reserve Bank of India

and other reported in 1985 4(SCC)201. Their Lordship of

the court dealing with Section 25(B)(2)(a)(ii) had actual

working for not less than 240 days in a year. Employer's

failure to produce attendance register to controvert

workman's claim. On facts held workman's claim acceptable.

In present case, the dispute relates to working of

casual employees during the period 1977 to 1990. The

dispute is referred in 2004. The documents relating to work

of casual labours are not available. The ratio held in above

cited case cannot be applied to case at hand.

In case between BSNL versus Bhurimal reported in

2014(14o) FLR 901. Their Lordship dealing with the question

of reinstatement with backwages considering the facts

workman had worked almost 15 years as daily wage lineman,

management could not prove any agreement with the

contractor to prove that he was a contract employee. The

finding record by CGITS upheld by the single Judge that

respondent directly worked under the appellant for almost

15 years as a lineman on daily wage basis. Their Lordship

held termination rightly held to be legal in view of ID Act.

Compensation Rs. 3 Lakh was directed to be paid.

The facts of present case are not comparable. The

evidencde of witnesses of Ist party shows they were

working as casual labours around 1985 to 1990. Their

evidence is not supported by any documents.

In case between Surendra Singh versus Executive

Engineer HPSEB Division Shimla reported in 2013(138)FLR

1048. Their Lordship of Himachal Pradesh held rules of

evidence in its strict sense not required to be applied in a

proceeding before the Labour Court which as a matter of

fact conducts an inquiry summarily under the ID Act.

In case of Buchbai versus Nagpur University

reported in AIR(83)1946 Nagpur 377. Their Lordship held

statements recorded on orders passed by Income Tax

¹Hkkx IIó[k.M 3(ii)º

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2161

Officers are public documents. Certified copies thereof are

admissible in evidence. The mere fact that the document is

produced is not sufficient for its rejection.

Considering facts and evidence in the case, ratio

held in the case has no bearing to the controversy between

parties.

In case of Gautam Sarup versus Leela Jetly reported

in 2008(4) MPLJ 113. Their Lordship held the admission

made by a party to the list is admissible against him proprio

vigore. A categorical admission cannot be resiled from but

in a given case, it may be explained or clarified.

in present case, IInd party has not admitted

completion of 240 days continuous service rather it is case

of idspute betwen parties therefore the ratio cannot be

applied to present case.

In case of Sudarshan Rajpoor versus UP State Road

Transport Corporation reported in 2015(144)FLR-7 their

Lordship considering finding of fact recorded by the Labour

Court that termination of the appellant was illegal. Finding

of Labour Court that appellant was not appointed on

contract basis as Driver. Work extracted for several years

of permanent nature alleged employment on contract basis

wholly impermissible and amounts to unfair labour practice

as defined under Section 2(ra) of ID Act, 1947.

The ratio held in the case cannot be applied to present

case as the evidence of Ist party witnesses is that they

were engaged as casual labours on daily wages. The period

of theire working as casual labour is not established by

cogent evidence. The self serving evidence of workman is

different to be relied wen dispute is raised after long lapse

of time rather the legal position is settled that the disputes

raised after 7 years cannot be said proper.

15. Though President of Union bhas raised dispute,

any of the office bearer of the Union has not appeared as

witness to support claim of all casual labours related to

present dispute. That dispute is raised after lapse of about

14 years. The documents were not available with IInd party

about working of all those casual labours. For lapse of

long time, dispute is raised. IInd party cannot be blamed.

The claim of Ist party Union for regularization of casual

labours or completion of 240 days continuous service

preceding 12 months termination of services cannot be

accepted. Even details of all those casual labours, place

and period of their working is not supported by cogent

evidence by the Ist party Union therefore I record my

finding in Point No. 1 in Affirmative.

16. In the result, award is passed as under:—

(1) The action of the management of Chief General

Manager, MP Telecom Circle, Bhopal MP in

terminating the services of Shri Bharat Lal S/o

Shri Amarnath and other 116 casual workers and

not regularizing their service is proper and legal.

(2) Workmen are not entitled to any relief. Parties to

bear their respective costs.

R. B. PATLE, Presiding Officer

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New Delhi, the 5th May, 2015

S.O. 998.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D Case No.CGIT/

LC/R/57/2004) of the Central Government Industrial

Tribunal-cum- Labour Court, Jabalpur now as shown in

the Annexure in the Industrial Dispute between the

employers in relation to the management of the Telecom

MP Circle and their workman, which was received by the

Central Government on 01/05/2015.

[No. L-40012/110/2003-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/57/04

Shri L.D. Sharma, Secretary,

Akhil Bhartiya Doorsanchar Karamchari Sangh Line

Staff & Class IV,

O/o Sub-Division Telephone Officer,

Madanmahal Premnagar,

Jabalpur (MP)

...Workman/Union

Versus

Chief General Manager,

Telecom Bhawan,

Hoshangabad Road,

Bhopal (MP)

...Management

AWARD

Passed on this 16th day of April, 2015

1. As per letter dated 5-5-04 by the Government of

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

received. The reference is made to this Tribunal under

2162

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

Section-10 of I.D. Act, 1947 as per Notification No.L-40012/

110/2003-IR(DU). The dispute under reference relates to:

"whether the action of the management of Chief

General Manager, MP Telecom Circle, Bhopal MP in

terminating the services of Shri Sureshchand Korav

S/o Bhagwat Singh and other 34 casual workers (list

enclosed) and not regularizing their service is legal?

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

2. After receiving reference, notices were issued to

the parties. The case of Ist party Union Akhil Bhartiya

Doorsanchar Karamchari Sangh Line Staff & Class IV

submitted statement of claim at Page 2/1 to 2/3. Case of Ist

party Union is that the workman related to the dispute

Bharat Lal and 116 others were employed as casual labour

by the management of IInd party. Those workers worked

more than 240 days in calendar year preceding their

termination. The Union challenged termination of services

of those workmen. Union contented that all those workmen

continuously worked for more than 240 days in calendar

year preceding their termination. Those workers are deemed

to be in continuous service under Section 25B of ID Act.

That section 25-F, H of ID Act were not complied by IInd

party. The workers were not paid retrenchment

compensation prior to termination of their service. The

termination of service is illegal. Principles of last come first

go was not followed while terminating services by

management. Permission under Section 25 N of ID Act was

not obtained by the management. Instead of terminating

services of concerned workman, they should have been

regularised as per scheme framed by the management in

pursuance of directions given by Honble Apex Court.

3. By amendment, Union has further pleaded that the

Supreme court had given directions in case of Daily Rated

Casual Labour Employed under P&T Department versus

Union of India and others issued a direction to the

Government to frame a scheme for giving temporary status

to the casual employees working in the department and

pursuant of the said judgment the P & T department framed

the scheme for purpose of giving temporary status to the

workmen. In said scheme there is a provision for

regularization of casual labour who put more than one year

service before 30-3-85 thereafter the Telecommunication

department framed another scheme and worked out cases

for absorption of casual labour who have been confirmed

temporary status from 25-6-93 i.e. in respect of person

engaged after 30-3-85 and prior to 22-6-88. That CAT

Jabalpur had allowed temporary status to the casual

employees who were working along with the concerned

workmen in the reference. The action of IIIrd party not

giving temporary status to workman concerned with

dispute is arbitrary, illegal. Those workman should have

been regularised by IInd party. On such ground, Union

prays that reference be answered in its favour.

4. IInd party filed Written Statement at Page 9/1 to 9/9

opposing claim of Union. IInd party raised objection that

Shri L.D. Sharma President of Akhil Bhartiya Doorsanchar

Karamchari Sangh Line Staff & Class IV is not competent

to raise dispute as Ist party Union is not recognized Union.

Ist party claims that he is labour/office bearer of the

employees Association. BSNL was established in the year

2000. The staff was absorbed in BSNL as per the option

given by the employees. The meeting with Federation/

association of Union was called on 27-2-01 by management

in Chairmanship of MP BSNL. On 4-10-02, the BSNL has

declared the recognized Union to NFTE BSNL. After 2

years, NFTE BSNL membership was verified and BSNL

Employees Union was found eligible Union. It is reiterated

that Union has no locus standi to raise the dispute. It is

further contented that Ist party Association challenged

order of retrenchment of workers for violation of Section

25-F, H of ID Act contending management not paid

retrenchment compensation to the workers shown in the

enclosed list. It is alleged that their termination is void.

IInd party submits that contentions of Union are not tenable.

The Telecom department was merged in BSNL. Ist party

Union has not carried the amendments. His claims suffers

from non-joinder of parties. It is further contended that MP

Telecom Circle having largest area in the country, the

telephonic facilities were less in comparison to other rural

areas. In order to complete the project works, casual labours

were engaged by Telecom Department, now called BSNL

at various places. Those casual workers were engaged on

daily payment basis for specific work. The work was

discontinued after completion of projects. Workman

appearing in the list submitted with statement of claim were

also engaged for works as per requirements and that is for

specific work on daily wages. Workman concerned with

dispute are not entitled for reinstatement.

5. Ist party Association has not supplied details of

the workman related to the nature of work under which

authority they were working, the duration of work, the

period of work therefore the claim of Ist party is not tenable.

6. IInd party submits that the penal of list attached

with statement of claim shows workman worked during

1977 to 1990. After 1990, they were not enrolled on daily

wages casual labour. They were engaged for specific work

as per requirement. Those who have not completed 240

days continuous service during any of the year. The dispute

is raised after long lapse of time. Claim is highly belated

and barred by time is not tenable. The Association failed to

establish whether worker's names appear in the list attached

with statement of claim are still unemployed or without any

job. It is submitted that workman retrenched by IInd party

were paid compensation. Management submits that

sufficient opportunity was given to Ist party Association

to supply particulars in the interest of workman.

7. IInd party further submits that as per directions

issued by Supreme Court, casual labour grant of temporary

¹Hkkx IIó[k.M 3(ii)º

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2163

status and regularisation scheme 1989 was introduced. (a)

The workers engaged prior to 30-3-85, (b) continuing as

casual worker as on 7-11-89, (c) have completed 240 days

in a year. The benefit of said scheme was extended to casual

workers engaged in project and electrification works on

the condition that—(a) they have been engaged between

31-3-85 to 22-6-88, (b) they are continuing as on the date of

respective orders i.e. 25-6-93, (c) they have not remained

absent for more than 365 days w.e.f. the issuance of the

respect orders. IInd party further submits that the

discontinuation of workmen is covered under Section

2(oo)(bb) of ID Act and the same doesnot amount to

retrenchment.

8. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

(i)

whether the action of the manage-

In Affirmative

ment of Chief General Manager, MP

Telecom Circle, Bhopal MP in

terminating the services of

Shri Sureshchand Korav S/o

Bhagwat Singh and other

34 casual workers and not

regularizing their service is legal?

(ii)

if not, what relief the workman

Workmen are

is entitled to?"

not entitled to

any relief.

REASONS

9. The terms of reference relates to legality of

termination of Bharat Lal S/o Amarnath and 116 casual

labours name shown in list enclosed with order of reference.

Ist party Union is challenging termination of those casual

labours claiming regularization as per the scheme framed

by the department. Parties are not in dispute about scheme

framed as per directions given by the Supreme court in

case daily rated casual labours employed in P&T Dett.

Versus Union of India. There is serious dispute between

parties about completion of 240 days continuous service

by all those casual labours and violation of Section 25-F of

ID Act. The parties are also in dispute about benefit of

Casual Labour Regularisation Scheme 1989. The benefit of

said scheme could be extended to casual labours engaged

prior to 30-3-85 continuing as casual workers on 7-11-89

and completing 240 days in a year.

10. The affidavit are filed by IInd party of Shri M.K.

Jharia, S.K. Singh, P.S. Jhabra that documents are required

to be retained only for a period of 5 years. Muster roll

records for the period from 90 to 97 might have been

destroyed, the same are not available.

11. Witness of Ist party Shri Rajaram filed affidavit of

his evidence claiming that he worked with management as

mazdoor during 1985 to 1990 under supervision of DE

Mandla at Jabalpur. He completed 240 days continuous

service prior to 1988. In original application 411/90,

Dhanuram Tiwari and others were given temporary status

by CAT, Jabalpur. In his cross-examination, he admits that

since 1990, he is working at other places. He denies that he

himself left job. He admits that he has no decuments about

completion of 240 days working. He was paid wages on

daily wage basis for the casual working days. Other casual

workmen not filed affidavit of evidence in the case failed to

appear for cross-examination.

12. Management filed affidavit of evidence of Shri

D.S. Thakur supporting its contentions. In his cross-

examination, management's witness says that annual

budget prepared shows the number of labours required.

He claims ignorance about the budget prepared during

relevant period. He claims ignorance whether attendance

of those casual labours are not in muster roll, whether the

wages were paid monthly or weekly. The scheme for

regularization of casual labours was introduced by the

department. He claims ignorance whether claim of workman

for regularization was accepted or rejected. He says that

the record is not available.

13. The evidence of Ist party workman about

completion of 240 days continuous service by them is not

supported by any document. As discussed above,

management has filed affidavit that the documents are not

available. The dispute pertains to the year 1990. The dispute

is referred as per order dated 5-5-04 i.e. after 14 years.

Management could not produce the documents after such

long lapse of time. Any of the office bearer of Union is not

examined as witness. All witnesses of Ist party have given

evidence in their individual capacity. Various applications

were filed by IInd party requesting details about identity

of workman. the period of work etc. The details submitted

by Ist party Union is not substantiated by evidence of any

of the witnesses.

14. Learned Counsel for Ist party Shri R.C.

Shrivastava produced copy of judgement by CAT Jabalpur

in OA 411/90 and others. From reading of said judgment, it

is clear that most of the labours who were appointed have

completed more than 240 days and chart have been filed in

each case showing the actual days of work performed by

each of the petitioner. These charts are not disputed by the

department. The position in present case is different. The

parties are in serious dispute about completion of 240 days

continuous service by all 117 casual labours. In Para-6 the

working days of petitioner are shown during the year 1985

to 1990.

In present case, there is no evidence about

completion of 240 days service by all those casual labours

except their own affidavit. Therefore common judgment by

CAT cannot be followed even for persuasive purpose.

2164

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

15. Learned counsel for Ist party Shri R.C.

Shrivastava relies on ratio held in catin of cases—

In case of Employer versus President, Rajhara colliery

Mazdoor Sangh reported in 2014-II-LLJ-333. Her Lordship

of Jharkhand High Court dealing with regularization of

casual labours and the question whether Tribunal Labour

court have power to issue directions for creation of post

for regularization of workmen.

In para-22 of the judgment, it was observed that WW-

1 and WW-2 have consistently stated that the casual wagon

loaders have individually completed 240 days in a calendar

year. To substantiate the oral evidence, on behalf of the

workmen, the statement prepared by the Union as Exhibit

W-3 in respect of production in the colliery and number of

days and attendance put in per head was produced.

Workmen have discharged the burden cast upon them

establishing that the workmen worked for more than 240

days.

In present case, the evidence of witnesses of Ist

party is not supported by any documents like Exhibit W-3

in above cited case. Therefore the ratio cannot be applied

to present case at hand.

In case of H.D. Singh versus Reserve Bank of India

and others reported in 1985 4(SCC)201. Their Lordship of

the Court dealing with Section 25(B)(2)(a)(ii) had actual

working for not less than 240 days in a year. Employer's

failure to produce attendance register to controvert

workman's claim. On facts held workman's claim acceptable.

In present case, the dispute relates to working of

casual employees during the period 1977 to 1990. The

dispute is referred in 2004. The documents relating to work

of casual labours are not vailable. The ratio held in above

cited case cannot be applied to case at hand.

In case between BSNL versus Bhurimal reported in

2014 (14o) FLR 901. Their Lordship dealing with the question

of reinstatement with backwages considering the facts

workman had worked almost 15 years as daily wage lineman,

management couldnot prove any agreement with the

contractor to prove that he was a contract employee. The

finding record by CGIT upheld by the single Judge that

respondent directly worked under the appellant for almost

15 years as a lineman on daily wage basis. Their Lordship

held termination rightly held to be illegal in view of ID Act.

Compensation Rs. 3 Lakh was directed to be paid

The facts of present case are not comparable. The

evidence of witnesses of Ist party shows they were working

as casual labours around 1985 to 1990. Their evidence is

not supported by any documents.

In case between Surendra Singh versus Executive

Engineer HPSEB Division Shimla reported in 2013 (138)

FLR 1048. Their Lordship of Himachal Pradesh held rules

of evidence in its strict sense not required to be applied in

a proceeding before the Labour Court which as a matter of

fact conducts an inquiry summarily under the ID Act.

In case of Buchbai versus Nagpur University

reported in AIR(83) 1946 Nagpur 377. Their Lordship held

statements recorded on orders passed by Income Tax

Officers are public documents. Certified copies thereof are

admissible in evidence. The mere fact that the document is

produced is not sufficient for its rejection.

Considering facts and evidence in the case, ratio

held in the case has no bearing to the controversy between

parties.

In case of Gautam sarup versus Leela Jetly reported

in 2008(4) MPLJ 113. Their Lordship held the admission

made by a party to the lis is admissible against him proprio

vigore. A categorical admission cannot be resiled from but

in a given case, it may be explaned or clarified.

In present case, IInd party has not admitted

completion of 240 days continuous service rather it is case

of dispute between parties therefore the ratio cannot be

applied to present case.

In case of Sudarshan Rajpoot versus UP State Road

Transport Corporation reported in 2015(144)FLR-7 their

Lordship considering finding of fact recorded by the Labour

Court that termination of the appellant was illegal. Finding

of Labour Court that appellant was not appointed on

contract basis as Driver. Work extracted for several years

of permanent nature alleged employment on contract basis

wholly impermissible and amounts to unfair labour practice

as defined under Section 2(ra) of ID Act 1947.

The ratio held in the case cannot be applied to

present case as the evidence of Ist party witnesses is

that they were engaged as casual labours on daily

wages. The period of their working as casual labour is

not established by cogent evidence. The self serving

evidence of workman is different to be relied when

dispute is raised after long lapse of time rather the legal

position is settled that the disputes raised after 7 years

cannot be said proper.

16. Though President of Union has raised dispute,

any of the office bearer of the Union has not appeared

as witness to support claim of all casual labours related

to present dispute. That dispute is raised after lapse of

about 14 years. The documents were not available with

IInd party about working of all those casual labours.

For lapse of long time, dispute is raised. IInd party

cannot be blamed. The claim of Ist party Union for

regularization of casual labours or completion of 240

days continuous service preceding 12 months

termination of services cannot be accepted. Even details

of all those causal labours, place and period of their

working is not supported by cogent evidence by the

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2165

Ist party Union therefore I record my finding in Point

No. 1 in Affirmative.

17. In the result, award is passed as under:—

(1) The action of the management of Chief General

Manager, MP Telecom Circle, Bhopal, MP in

terminating the services of Shri Sureshchand

Korav S/o Bhagwat Singh and other 34 casual

workers and not regularizing their service is proper

and legal.

(2) Workmen are not entitled to any relief. Parties to

bear their respective costs.

R. B. PATLE, Presiding Officer

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New Delhi, the 5th May, 2015

S.O. 999.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D. Case No.

CGIT/LC/R/58/2004) of the Central Government Industrial

Tribunal-cum-Labour Court, Jabalpur now as shown in the

Annexure in the Industrial Dispute between the employers

in relation to the management of the Telecom MP Circle

and their workman, which was received by the Central

Government on 01/05/2015.

[No. L-40012/112/2003-IR (DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/58/04

Shri L.D. Sharma, Secretary,

Akhil Bhartiya Doorsanchar

Karamchari Sangh Line

Staff & Class IV,

O/o Sub Division Telephone Officer,

Madanmahal Premnagar,

Jabalpur (MP)

...Workman/Union

Versus

Chief General Manager,

Telecom Bhawan,

Hoshangabad Road,

Bhopal (MP)

...Management

AWARD

Passed on this 16th day of April 2015

As per letter dated 5.5.04 by the Government of India,

Ministry of Labour, New Delhi, the reference is received.

The reference is made to this Tribunal under section-10 of

I.D. Act, 1947 as per Notification No. L-40012/112/2003-

IR(DU). The dispute under reference relates to:

"Whether the action of the management of Chief

General Manager, MP Telecom Circle, Bhopal, MP in

terminating the services of Shri Dhanraj Singh, S/o

Shri Onkar Prasad and other 57 casual workers (list

enclosed) and not regularizing their service is legal?

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

2. After receiving reference, notices were isued to

the parties. The case of Ist party Union Akhil Bhartiya

Doorshanchar Karamchari Sangh Line Staff & Class IV

submitted statement of claim at Page 2/1 to 2/3. Case of Ist

party Union is that the workman related to the dispute

Bharat Lal and 116 others were employed as casual labour

by the management of IInd party. Those workers worked

more than 240 days in calendar year preceding their

termination. The Union challenged termination of services

of those workmen. Union contented that all those workmen

continuously worked for more than 240 days in calendar

year preceding their termination. Those workers are deemed

to be in continuous service under Section 25B of ID Act.

That section 25-F, H of ID Act were not complied by IInd

party. The workers were not paid retrenchment

compensation prior to termination of their service. The

termination of service is illegal. Principles of last come first

go was not followed while terminating services by

management. Permission under Section 25 N of ID Act was

not obtained by the management. Instead of terminating

services of conerned workman, they should have been

regularised as per scheme framed by the management in

pursuance of directions given by Hon'ble Apex Court.

3. By amendment, Union has further pleaded that the

Supreme Court had given directions in case of Daily Rated

Casual Labour Employed under P&T Department versus

Union of India and others issued a direction to the

government to frame a scheme for giving temporary status

to the casual employees working in the department and

pursuant of the said judgment the P&T Department framed

the scheme for purpose of giving temporary status to the

workmen. In said scheme there is a provision for

regularization of casual labour who put more than one year

service before 30-3-85 thereafter the Telecommunication

department framed another scheme and worked out cases

for absorption of casual labour who have been confirmed

2166

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

temporary status from 25-6-93 i.e. in respect of person

engaged after 30-3-85 and prior to 22-6-88. That CAT

Jabalpur had allowed temporary status to the casual

employees who were working along with the concerned

workmen in the reference. The action of IInd party not

giving temporary status to workman concerned with

dispute is arbitrary, illegal. Those workman should have

been regularised by IInd party. On such ground, Union

prays that reference be answered in its favour.

4. Shri Ram Vinay Tiwari has submitted separate

statement of claim at Page 2 to 4. Case of Ram Vinay Tiwari

is that he was engaged as a labour at Betul and Itarsi, Bina.

He was working under Assistant Engineer, the details were

given in muster roll. He was working during the period

April 87 to July 89 for a period of 2 years 3 months. Monthly

payment was made to him. He was discontinued without

notice in July 1989 he was told that the work was closed, he

would be called whenever the work is started, no intimation

was given to him that he completed 240 days continuous

service prior to 1984.

5. IInd party filed Written Statement at Page 9/1 to 9/9

opposing claim of Union. IInd party raised objection that

Shri L.D. Sharma President of Akhil Bhartiya Doorsanchar

Karamchari Sangh Line Staff & Class IV is not competent

to raise dispute as Ist party Union is not recognized Union.

Ist party claims that he is labour/office bearer of the

employees Association. BSNL was established in the year

2000. The staff was absorbed in BSNL as per the option

given by the employees. The meeting with Federation/

Association of Union was called on 27-2-01 by management

in Chairmanship of MP BSNL. On 4-10-02, the BSNL has

declared the recognized Union to NFTE BSNL. After 2

years, NFTE BSNL membership was verified and BSNL

Employees Union was found eligible Union. It is reiterated

that Union has no locus standi to raise the dispute. It is

further contented that Ist party Association challenged

order of retrenchment of workers for violation of Section

25-F, H of ID Act contending management not paid

retrenchment compensation to the workers shown in the

enclosed list. It is alleged that their termination is void.

IInd party submits that contentions of Union are not tenable.

The Telecom department was merged in BSNL. Ist party

Union has not carried the amendments. His claims suffers

from non-joinder of parties. It is further contented that MP

Telecom Circle having largest area in the country, the

telephonic facilities were less in comparison to other rural

areas. In order to complete the project works, casual labours

were engaged by Telecom Department, now called BSNL

at various places. Those casual workers were engaged on

daily payment basis for specific work. The work was

discontinued after completion of projects. Workman

appearing in the list submitted with statement of claim were

also engaged for works as per requirements and that is for

specific work on daily wages. Workman concerned with

dispute are not entitled for reinstatement.

6. Additional Written Statement is submitted by IInd

party contending that the workman was working in Railway

Electrification Project. The claim of Ist party Union deserves

to be dismissed.

7. Ist party Asociation has not supplied details of

the workman related to the nature of work under which

authority they were working, the duration of work, the

period of work therefore the claim of Ist party is not tenable.

8. IInd party submits that the penal of list attached

with statement of claim shows workman worked during

1977 to 1990. After 1990, they were not enrolled on daily

wages casual labour. They were engaged for specific work

as per requirement. Those who have not completed 240

days continuous service during any of the year. The dispute

is raised after long lapse of time. Claim is highly belated

and barred by time is not tenable. The Association failed to

establish whether worker's names appear in the list attached

with statement of claim are still unemployed or without any

job. It is submitted that workman retrenched by IInd party

were paid compensation. Management submits that

sufficient opportunity was given to It party Association to

supply particulars in the interest of workman.

9. IInd party further submits that as per directions isued

by Supreme Court, casual labour grant of temporary status

and regularisation scheme 1989 was introduced. (a) The

workers engaged prior to 30-3-85, (b) continuing as casual

worker as on 7-11-89, (c) have completed 240 days in a year.

The benefit of said scheme was extended to casual workers

engaged in project and electrification works on the condition

that—(a) they have been engaged between 31-3-85 to

22-6-88, (b) they are continuing as on the date of respective

orders i.e. 25-6-93, (c) they have not remained absent for more

than 365 days w.e.f. the issuance of the respective orders.

IInd party further submits that the discontinuation of workmen

is covered under Section 2(oo)(bb) of ID Act and the same

doenot amount to retrenchment.

10. Considering pleadings on record, the points

which arise for my consideration and determination are as

under. My findings are recorded against each of them for

the reasons as below:—

(i)

Whether the action of the manage-

In Affirmative

ment of Chief General Manager,

MP Telecom Circle, Bhopal, MP

in terminating the services of

Shri Dhanraj Singh, S/o Shri Onkar

Prasad and other 57 casual workers

and not regularizing their service

is legal?

(ii)

If not, what relief the workman is

Workmen are

entitled to?"

not entitled

to any relief.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2167

REASONS

11. The terms of reference relates to legality of

termination of Bharat Lal s/o Amarnath and 116 casual

labours name shown in list enclosed with order of reference.

Ist party Union is challenging termination of those casual

labours claiming regularization as per the scheme framed

by the department. Parties are not in dispute about scheme

framed as per directions given by the Supreme Court in

case daily rated casual labours employed in P&T Dett.

Versus Union of India. There is serious dispute between

parties about completion of 240 days continuous service

by all those casual labours and violation of Section 25-F of

ID Act. The parties are also in dispute about benefit of

Casual Labour Regulariation Scheme 1989. The benefit of

said scheme could be extended to casual labours engaged

prior to 30-3-85 continuing as casual workers on 7-11-89

and completing 240 days in a year.

12. Witness of Ist party Shri Rajaram filed affidavit of

his evidence claiming that he worked with management as

mazdoor during 1985 to 1990 under supervision of DE

Mandla at Jabalpur. He completed 240 days continuous

service prior to 1988. In original application 411/90,

Dhanuram Tiwari and others were given temporary status

by CAT, Jabalpur. In his cross-examination, he admits that

since 1990, he is working at other places. He denies that he

himself left job. He admits that he has no documents about

completion of 240 days working. He was paid wages on

daily wage basis for the casual working days. Any other

casual workmen have not filed affidavit of evidence in the

case.

13. Management filed affidavit of evidence of Shri

B.S. Thakur supporting its contentions. In his cross-

examination, management's witness says that annual

budget prepared shows the number of labour required. He

claims ignorance about the budget prepared during relevant

period. He claims ignorance whether attendance of those

casual labours are not in muster roll, whether the wages

were paid monthly or weekly. The scheme for regularization

of casual labours was introduced by the department. He

claims ignorance whether claim of workman for

regularization was accepted or rejected. He says that the

record is not available.

14. The evidence of Ist party workman about

completion of 240 days continuous service by them is not

supported by any document. As dicussed above,

management has filed affidavit that the documents are not

available. The dispute pertains to the year 1990. The dispute

is referred as per order dated 5-5-04 i.e. after 14 years.

Management could not produce the documents after such

long lapse of time. Any of the office bearer of Union is not

examined as witness. All witnesses of Ist party have given

evidence in their individual capacity. Various applications

were filed by IInd party requesting details about identity

of workman the period of work etc. The details submitted

by Ist party Union is not substantiated by evidence of any

of the witnesses.

15. Learned counel for Ist party Shri R.C. Shrivastava

produced copy of judgment by CAs Jabalpur in OA 411/90

and others. From reading of said judgment, it is clear that

most of the labours who were appointed have completed

more than 240 days and chart have been filed in each case

showing the actual days of work performed by each of the

petitioner. These charts are not disputed by the department.

The position in present case is different. The parties are in

serious dispute about completion of 240 days continuous

service by all 117 casual labours. In Para-6 the working

days of petitioner are shown during the year 1985 to 1990.

In present case, there is no evidence about

completion of 240 days service by all those casual labours

except their own affidavit. Therefore common judgment by

CAT cannot be followed even for persuasive purpose.

16. Learned counsel for Ist party Shri R.C.

Shrivastava relies on ratio held in catin of cases—

In case of Employer versus President, Rajhara Colliery

Mazdoor Sangh reported in 2014-II-LLJ-333. Her Lordship

of Jharkhand High Court dealing with regularization of

casual labours and the question whether Tribunal Labour

court have power to issue directions for creation of post

for regularization of workmen.

In para-22 of the judgment, it was observed that WW-

1 and WW-2 have consistently stated that the casual wagon

loaders have individually completed 240 days in a calendar

year. To substantiate the oral evidence, on behalf of the

workmen, the statement prepared by the Union as Exhibit

W-3 in respect of production in the colliery and number of

days and attendance put in per head was produced.

Workmen have dicharged the burden cast upon them

establishing that the workmen worked for more than 240

days.

In present case, the evidence of witnesses of Ist

party is not supported by any document like Exhibit W-3 in

above cited case. Therefore the ratio cannot be applied to

present case at hand.

In case of H.D. Singh versu Reserve Bank of India

and others reported in 1985/4(SCC) 201. Their Lordship of

the court dealing with Section 25(B)(2)(a)(ii) had actual

working for not less than 240 days in a year. Employer's

failure to produce attendance register to controvert

workman's claim. On facts held workman's claim acceptable.

In present case, the dispute relates to working of

casual employees during the period 1977 to 1990. The

dispute is referred in 2004. The documents relating to work

2168

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

of casual labours are not available. The ratio held in above

cited case cannot be applied to case at hand.

In case between BSNL versus Bhurimal reported in

2014 (14o) FLR 901. Their Lordship dealing with the question

of reinstatement with backwages considering the facts

workman had worked almost 15 years as daily wage lineman,

management could not prove any agreement with the

contractor to prove that he was contract employee. The

finding record by CGIT upheld by the single Judge that

respondent directly worked under the appellant for almost

15 years as a lineman on daily wage basis. Their Lordship

held termination rightly held to be illegal in view of ID Act.

Compensation Rs. 3 Lakh was directed to be paid.

The facts of present case are not comparable. The

evidence of witnesses of Ist party shows they were working

as casual labours around 1985 to 1990. Their evidence is

not supported by any documents.

In case between Surendra Singh versus Executive

Engineer HPSEB Division Shimla reported in 2013(138) FLR

1048. Their Lordship of Himachal Pradesh held rules of

evidence in its strict sense not required to be applied in a

proceeding before the Labour Court which as a matter of

fact conducts an inquiry summarily under the ID Act.

In case of Buchbai versus Nagpur University reported

in AIR (83) 1946 Nagpur 377. Their Lordship held

statements recorded on orders passed by Income Tax

Officers are public documents. Certified copies thereof are

admissible in evidence. The mere fact that the document is

produced is not sufficient for its rejection.

Considering facts and evidence in the case, ratio

held in the case has no bearing to the controversy between

parties.

In case of Gautam Sarup versus Leela Jetly reported

in 2008(4) MPLJ 113. Their Lordship held the admission

made by a party to the list is admissible against him proprio

vigore. A categorical admission cannot be resiled from but

in a given case, it may be explaned or clarified.

In present case, IInd party has not admitted

completion of 240 days continuous service rather it is case

of dispute between parties therefore the ratio cannot be

applied to present case.

In case of Sudarshan Rajpoot versus UP State Road

Transport Corporation reported in 2015 (144) FLR-7 their

Lordship considering finding of fact recorded by the Labour

Court that termination of the appellant was illegal. Finding

of Labour Court that appellant was not appointed on

contract basis as Driver. Work extracted for several years

of permanent nature alleged employment on contract basis

wholly impermissible and amounts to unfair labour practice

as defined under Section 2(ra) of ID Act 1947.

The ratio held in the case cannot be applied to present

case as the evidence of Ist party witnesses is that they

were engaged as casual labours on daily wages. The period

of their working as casual labour is not established by

cogent evidence. The self serving evidence of workman is

different to be relied when dispute is raised after long lapse

of time rather the legal position is settled that the disputes

raised after 7 years cannot be said proper.

17. Though President of Union has raised dispute,

any of the office bearer of the Union has not appeared

as witness to support claim of all casual labours related

to present dispute. That dispute is raised after lapse of

about 14 years. The documents were not available with

IInd party about working of all those casual labours.

For lapse of long time, dispute is raised. IInd party

cannot be blamed. The claim of Ist party Union for

regularization of casual labours or completion of 240

days continuous service preceding 12 months

termination of services cannot be accepted. Even details

of all those causal labours, place and period of their

working is not supported by cogent evidence by the Ist

party Union therefore I record my finding in Point No. 1

in Affirmative.

18. In the result, award is passed as under:—

(1) The action of the management of Chief General

Manager, MP Telecom Circle, Bhopal MP in

terminating the services of Shri Dhanraj Singh,

S/o Shri Onkar Prasad and other 57 casual workers

and not regularizing their service is proper and

legal.

(2) Workmen are not entitled to any relief. Parties to

bear their respective costs.

R. B. PATLE, Presiding Officer

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New Delhi, the 5th May, 2015

S.O. 1000.—In pursuance of Section 17 of the

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

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2169

Government hereby publishes the award (I.D. Case

No.CGIT/LC/R/167/2001) of the Central Government

Industrial Tribunal-cum-Labour Court, Jabalpur now as

shown in the Annexure in the Industrial Dispute between

the employers in relation to the management of the Telecom

MP Circle and their workman, which was received by the

Central Government on 01/05/2015.

[No. L-40012/205/2001-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/167/2001

Shri Mangilal Bagri,

Vill : Kodkiya,

Machalpur, Tehsil : Jeerapur,

Rajgarh

..... Workman

Versus

Chief General Manager,

Telecom, MP Circle,

Telecom Bhawan, Hoshangabad Road,

Bhopal

TDE, Rajgarh,

At Biaora, Rajgarh

.... Management

AWARD

(Passed on this 6th day of April, 2015)

1. As per letter dated 1.11.2001 by the Government of

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

received. The reference is made to this Trbiunal under

Section-10 of I.D. Act, 1947 as per Notification No. L-40012/

205/2001-IR(DU). The dispute under reference relates to:

"Whether the action of the management of Telecom

District Engineer, Biaora in terminating the services

of Shri Mangilal Bagri S/o Shri Purelal Bagri w.e.f.

December 1997 is justified? If not, to what relief the

workman is entitled for?"

2. After receiving reference, notices were issued to

the parties. Ist party workman submitted statement of

claim at Page 2/1 to 2/4. Case of workman is that in January

1990, he was appointed as casual labour in Telecom

Department. He was working in different Telephone

Exchanges. He was continuously working from 1990 to

1997. He was appointed on permanent vacant post of

labour. He completed 240 days continuous service during

each of the calendar year. His services were not regularised,

rather his services were dispensed with illegally from

31.12.97. He as terminated without any reasons violating

law. Termination of his services amounts to unfair labour

practice ad victimization. He was not regularised in

services. Any chargesheet was not issued to him that

termination of his service is in violation of Section 25-F of

ID Act. On such ground, workman prays for his

reinstatement with back wages.

3. IInd party filed Written Statement on 6.4.2011

opposing claim of workman. IInd party contends that

workman was never engaged on muster roll. Appointment

letter was not issued to him. Workman had not completed

240 days during any of the year. As workman is not regular

employee of the management, provisions of ID Act is not

applicable.

4. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

(i) Whether the action of the

In Affirmative

management of Telecom

District Engineer, Biaora in

terminating the services of

Shri Mangilal Bagri

S/o Shri Purelal Bagri w.e.f.

December 1997 is justified?

(ii) If not, what relief the

Workman is not

workman is entitled to?"

entitled to any relief.

REASONS

5. Workman is challenging termination of his service

for violation of Section 25-F of ID Act. Workman filed

affidavit of his evidence at Page 7/1 to 7/2 supporting his

contentions in statement of claim. However he remained

absent for his cross-examination. His evidence cannot be

considered.

6. Management's witness Ramjani Khan filed affidavit

of his evidence denying workman completing 240 days

continuous service. The working days are narrated in Para-

4 of his affidavit. Ist party remained absent, witness could

not be cross-examined. As workman has not adduced any

evidence, the evidence of management's witness remained

unchallenged. Therefore claim of workman cannot be

accepted. For above reasons, I record my finding in Point

No. 1 in Affirmative.

7. In the result, award is passed as under:—

(1) The action of the management of Telecom District

Engineer, Biaora in terminating the services of Shri

Mangilal Bgri S/o Shri Purelal Bagri w.e.f. December

1997 is proper and legal.

(2) Workman is not entitled to any relief.

R.B. PATLE, Presiding Officer

2170

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

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

vf/kdj.k ,oa Je U;k;ky; tcyiqj ds iapkV ¼lanHkZ la[;k

lhthvkbZVh@,ylh@vkj@116@00½ izdkf'kr djrh gS tks dsUnzh; ljdkj

dks 01@05@2015 dks izkIr gqvk FkkA

[lañ ,y&40012@121@2000&vkbZvkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] MsLd vf/kdkjh

New Delhi, the 5th May, 2015

S.O. 1001.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D. Ref. Case

No. CGIT/LC/R/116/00) of the Central Government

Industrial Tribunal-cum-Labour Court, Jabalpur now as

shown in the Annexure in the Industrial Dispute between

the employers in relation to the management of the Telecom

MP Circle and their workman, which was received by the

Central Government on 01/05/2015.

[No. L-40012/121/2000-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL CUM LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/116/00

Shri Premnarayan Prajapati,

S/o Shri Jagannath Prajapati,

Vill Ginyari,

Tehsil Narsinghgarh,

Distt. Rajgarh

..... Workman

Versus

Chief General Manager,

Telecom, MP Circle,

Telecom Bhawan, Hoshangabad Road,

Bhopal

TDE, Rajgarh,

At Biaora, Rajgarh

.... Management

AWARD

(Passed on this 6th day of April, 2015)

1. As per letter dated 21.06.00 by the Government of

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

received. The reference is made to this Trbiunal under

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

40012/121/2000-IR(DU). The dispute under reference

relates to:

"Whether the action of the management of Chief

General Manager, Telecom in terminating the services

of Shri Premnarayan Prajapati S/o Shri Prajapati w.e.f.

December 1996 is justified? If not, to what relief the

workman is entitled?"

2. After receiving reference, notices were issued to

the parties. Ist party workman filed statement of claim at

Page 2/1 to 2/4. Case of workman is that he was initially

appointed as casual labour in Telecom Department in

October 1987. He was working under control of Sub

Divisional Officer, Biaora, distt. Rajgarh. He was doing his

service with atmost honesty. His service record was

unblemished. He was continuously working from 1987 to

December 1996. That he was appointed on permanent

vacant post of labour. He completed more than 240 days

service during calendar year. However his services were

not regularised on post of labour. As he completed 240

days service, he was entitled to be regularised. Instead he

discontinued from December 1996. The action of IInd party

is discriminatory contrary to the law. Principles of natural

justice were not followed.

3. Ist party workman further submits that he was posted

at Narsinghgarh Sub Division. He was entrusted duty of

maintaining testing and recording register. That he was

engaged for work of permanent nature. He continously worked

more than 10 years. Inspite of directions and circulars of Central

Govt., Telecommunication department, he was denied

regularization. Any chargesheet was not served on him it is

reiterated that termination of his service is in violation of Section

25-F of ID Act. It also amounts to unfair labour practice. On

such ground workman prays for his reinstatement with back

wages. He has contented that he is not gainfully employed

anywhere, his family is in starving condition. On such ground,

he prays for reinstatement with backwages.

4. IInd party filed Written Statement on 6th April, 2011

opposing claim of Ist party workman. IInd party has denied

engagement of workman since 1987. That workman was never

appointed by the management workman does work in Sub

Division. Question of regularization doesnot arise. It is also

contented that workman never worked in the Division. He

was not appointed by management. Termination of his service

is in violation of Section 25-F of ID Act is denied. IInd party

submits workman is not entitled to any reliefs.

5. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

(i) Whether the action of the

management of Chief

In Negative

General Manager, Telecom

in terminating the services of

Shri Premnarayan Prajapati

S/o Shri Prajapati w.e.f.

December 1996 is justified?

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2171

(ii) If not, what relief the

As per final order.

workman is entitled to?"

REASONS

6. Workman is challenging termination of his

service for violation of Section 25-F of ID Act. Claim of

workman is denied by IInd party workman filed affidavit

of his evidence. Workman has stated in his affidavit that

he has worked as casual labor form 1987 to 1996 in the

department. He was working under Sub Division Bijura.

He worked more than 240 days during each of the year.

He was terminated without notice, he was not paid

retrenchment compensation. His request for employment

was not considered. In his cross-examination, workman

says the post on which he was working was not published.

He claimed ignorance whether his name was sponsored

through Employment Exchange. He denies suggestion that

he never worked in establishment of IInd party.

7. Management filed affidavit of witness Ramjani

Khan. The witness of management says workman was not

appointed in 1987. He has not done any work in the

department. Workman not completed 240 days service in

any calendar year. Workman was not appointed. In his

cross-examination, witness of management denies workman

was working as labour in the department. He denied the

documents referred to him. Lineman and other supporting

officials are not competent to issue any circular about

working of any labour. He denied suggestion that workman

was continuously working more than 6 years in department,

that workman was not paid compensation neither

termination notice was served on him.

8. The evidence of Ist party and management's

witness is on oath. Any co-employee is not examined by

workman. Ist party workman has produced copies of

documents 10/3 to 10/25. Learned counsel for Ist party

further did not take any steps for proving those documents.

9. Learned counsel for IInd party Shri M.P. Kapoor

submits that completion of 240 days service burden lies on

workman is not discharged. Reliance is placed on ratio

held in—

Case of R.M. Yellatti versus Assistant Executive

Engineer reported in 2006(1) SCC 106. Their Lordship

dealing with question of evidence and burden of

proof held burden of proof lies on workman. It is for

workman to adduce cogent evidence, both oral and

documentary. Mere affidavits or self serving

statements made by workman will not suffice.

Evidence Act not applicable to proceeding under

Section 10 of ID Act. In cases involving daily wages,

workman can only call upon employer to produce

before court nominal muster roll for the given period,

and other documents if in existence. Drawing of

adverse inference would ultimately depend thereafter

on facts of each case.

Learned counsel for Ist party workman submitted

written synopsis of argument submitting that

workman worked more than 10 years. The notes of

argument also refers to working days of workman

that workman was not regularised for long period

amounts to unfair labour practice.

10. Learned counsel relies on ratio held in—

Case of Officer Incharge, Defence standardization

Cell versus Mukesh Kumar reported in 2013-LAB.I.C.

3329. His Lordship of Delhi High Court considering

Practice of giving appointment to workman on

monthly basis and renewing it every month for a

period of 3 years to defeat rights of workman amounts

to unfair labor practice.

In present case, evidence of workman is not shattered

on material points. Contrary suggestions by counsel

for IInd party are denied. Management's witness

denies certificates of working days referred to him. I

find evidence of workman working more than 240

days is cogent. His services are terminated without

notice in violation of Section 25-F of ID Act and

therefore I record my finding in Point No. 2 in

Negative.

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

services of workman are terminated without notice, question

arises whether workman is entitled for reinstatement with

back wages. In case 2013-LAB.I.C. 3329 cited above, their

Lordship considering working more than 3 years upheld

reinstatement with back wages. The facts of present case

are not comparable. Ratio cannot be applied to case at

hand.

In case of Devendra Singh versus Municipal Council

Sanaur reported in 2011 (130)FLR-337. Their Lordship

restored award passed by Labour Court for reinstatement.

In present case, name of workman was not sponsored

through Employment Exchange, was not engaged following

selection process. The reading of para-3 of above cited

case shows that the employee was terminated because the

Director, Local Self Govt. did not give approval to the

resolution passed for his employment. The order of

Industrial Court for regularization was upheld.

In present case, the workman was not appointed

following selection process. As such compensation Rs.

One Lakh would be appropriate. Accordingly I record my

finding in Point No. 2.

12. In the result, award is passed as under:—

(1) The action of the management of Chief General

Manager, Telecom in terminating the services of

Shri Premnarayan Prajapati S/o Shri Prajapati w.e.f.

December 96 is not proper and legal.

(2) IInd party is directed to pay compensation Rs.

One Lakh to the workman.

2172

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

Amount as per above order shall be paid to workman

within 30 days from the date of notification of award. In

case of default, amount shall carry 9% interest per annum

from the date of award till its realization.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 5 ebZ] 2015

dk-vk- 1002-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj VsyhdkWe e/;

izns'k ljdy 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 ,oa Je U;k;ky; tcyiqj ds iapkV ¼lanHkZ la[;k dsl uañ

lhthvkbZVh@,ylh@vkj@150@00½ izdkf'kr djrh gS tks dsUnzh; ljdkj

dks 01&05&2015 dks izkIr gqvk FkkA

[lañ ,y&40012@258@2000&vkbZ vkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] MsLd vf/kdkjh

New Delhi, the 5th May, 2015

S.O. 1002.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D. Ref Case

No. CGIT/LC/R/150/00) of the Central Government

Industrial Tribunal-Cum-Labour Court, Jabalpur now as

shown in the Annexure in the Industrial Dispute between

the employers in relation to the management of the Telecom

MP Circle and their workman, which was received by the

Central Government on 01-05-2015.

[No. L-40012/258/2000-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL CUM LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/150/00

Shri Lakshmichand Sen,

S/o Bhanwar Lal Sen,

Vill Barkheda,

PO Barkheda, Tehsil Biaora,

Rajgarh (MP)

....Workman

Versus

Chief General Manager,

Telecom, MP Circle,

Telecom Bhawan, Hoshangabad Road,

Bhopal

TDE, Rajgarh,

At Biaora, Rajgarh

....Management

AWARD

Passed on 6th day of April 2015

As per letter dated 29-8-2000 by the Government of

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

received. The reference is made to this Tribunal under

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

L-40012/258/2000/IR(DU). The dispute under reference

relates to:

"Whether the action of the Management of Chief

General Manager (Telecom)/TDE in terminating the

services of Shri Lakshmichand Sen S/o Shri

Bhanwarlal Sen w.e.f. 1995 is justified? If not, to

what relief the workman is entitled?"

2. After receiving reference, notices were issued

to the parties. Workman submitted statement of claim at

page 6/1 to 6/4. Case of workman is that he was working

with IInd party No. 4 as casual labour during 1987 to 1995.

He was terminated without notice. IInd party No. 1, 2 are

Controlling Authorities. That in AIR 1987-SCC-2342.

Apex Court directed to frame scheme for regularization

of casual labours. Scheme for regularization of casual

labours were introduced by IInd party on 7-11-89. The

benefit of scheme was extended to the casual labours

working till 30th March, 1985. Workman was not given

benefit of regularization scheme, instead his services were

terminated in 1995.

3. Ist party workman submits he had completed 240

days continuous service. He was not given benefit of

regularization and pay scale. Minimum wages were also

not paid to him. IInd party engaged him paying Rs. 1200

p.m. His services were orally terminated in violation of

law. On such ground, he prays for reinstatement and

regularizaton of his service.

4. IInd party filed Written Statement on 6-4-2011

opposing claim of workman. That the workman was

engaged as per availability of work when ever required.

Ist party workman was never engaged on muster roll.

Appointment letter was not issued to him. Workman had

not completed 240 days continuous service. The claim

of workman for reinstatement/regularization is fabricated.

Violation of provisions of ID Act is denied.

5. Considering pleadings on record, the points

which arise for my consideration and determination are

as under. My findings are recorded against each of them

for the reasons as below:—

‘‘(i) Whether the action of the In Negative

management of Chief

General Manager

(Telecom)/TDE in

terminating the services

of Shri Lakshmichand Sen

S/o Shri Bhanwarlal Sen

w.e.f. 1995 is justified?

(ii) If not, what relief the

As per final order.’’

workman is entitled to?

REASONS

6. The terms of reference does not include claim

for regularization of service to workman. Workman filed

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2173

affidavit of his evidence stating that he was working with

IInd party from 1987 to 1995. He completed 240 days

working during each of the year. He was terminated without

notice. Retrenchment compensation was not paid to him.

His request for reemployment were not considered Jr.

employees are engaged after his termination. Since 1995,

he is unemployed. That he worked more than 9 years. In

his cross-examination, workman says post on which he

was working was not advertised. His name was not

sponsored through Employment Exchange. He was not

interviewed. He was doing work of digging ditches, laying

lines. He was paid wages for the days he was working. He

denies that he had not completed 240 days during any of

the year.

7. Management's witness Ramjani Khan filed affidavit

of his evidence. Management's witness says that workman

was engaged purely as casual labour for specific work and

specific period. After work was finished, his service

automatically discontinued. There is no question of issuing

notice or paying retrenchment compensation.

Management's witness in his cross says Ist party was

working as casual labour during 1987 to 1992. He had not

worked more than 240 days during any of the year.

Workman was not paid compensation, notice was not

issued to him as he was not regularly appointed.

Management's witness denied suggestion that workman

was continuously working from 1987 to 1992.

Management's witness says that if muster registers are

traced, the same will be produced. That he has copy of

muster. Management's witness has admitted Ist party

workman was working as casual labour from 1987 to 1992.

Notice was not issued, compensation was not paid to

workman. Application for production of document was

submitted by workman. Management has not produced

any document. Therefore evidence of workman deserves

to be accepted that he completed 240 days continuous

service. His services are terminated without notice,

retrenchment compensation is not paid to him. Termination

of services of workman is in violation of Section 25-F of ID

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

in Negative.

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

termination of workman as per evidence of workman in

cross-examination, he was not sponsored through

Employment Exchange, post was not advertised, workman

was not interviewed. Though initially workman pleaded

that he was working from 1987 to 1995, management's

witness in cross-examination suggested that workman was

regularly working from 1987 to 1995. Any documents are

not produced by either parties. Considering the period of

working, compensation Rs. One Lakh would be appropriate.

Accordingly I record my finding in Point No. 2.

9. In the result, award is passed as under:—

(1) The action of the management of Chief General

Manager (Telecom)/TDE in terminating the

services of Shri Lakshmichand Sen S/o Shri

Bhanwarlal Sen w.e.f. 1995 is legal and proper.

(2) IInd party is directed to pay compensation Rs.

One Lakh to the workman.

Amount as per above order shall be paid to workman

within 30 days from the date of notification of award. In

case of default, amount shall carry 9% interest per annum

from the date of award till its realization.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 6 ebZ] 2015

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New Delhi, the 6th May, 2015

S.O. 1003.—In pursuance of Section 17 of the

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

Government hereby publishes the award (REf. I.D. No.19/

2004) of the Central Government Industrial Tribunal/Labour

Court 2, Mumbai now as shown in the Annexure in the

Industrial Dispute between the employers in relation to the

management of Airport Authority of India and their

workman, which was received by the Central Government

on 27-04-2015.

[No. L-11011/17/2004-IR(M)]

JOHAN TOPNO, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO. 2, MUMBAI

PRESENT

K.B. KATAKE,

Presiding Officer

REFERENCE NO. CGIT-2/19 OF 2004

EMPLOYERS IN RELATION TO THE MANAGEMENT

OF

(1) AIRPORTS AUTHORITY OF INDIA

(2) SECURITY GUARDS BOARD FOR GREATER

BOMBAY & THANE DISTRICTS

2174

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

1.

The Airport Director

Airports Authority of India

Chhatrapati Shivaji International Airport

Domestic Terminal 1-B, Mumbai 400 099.

2.

The Secretary

Security Guards Board for Greater Bombay &

Thane Districts

Rollers Pvt. Ltd. Compound

L.B.S. Marg,

Bhandup (W)

Mumbai-400 078.

AND

THEIR WORKMEN.

The General Secretary

Krantikari Suraksha Rakshak Sangathana

180-C, Ist Floor, Dharavi Koliwada

J.J. Keni Gali, Dharavi Road

Mumbai-400 017

APPEARANCES:

FOR THE EMPLOYER NO. 1: Ms. Geeta Raju,

Advocate

i/b M/s. M.V. Kini & Co.

FOR THE EMPLOYER NO. 2: Mrs. M.P. Joshi

Advocate

FOR THE WORKMEN:

No appearance.

Mumbai, dated the 27th March, 2015

AWARD

The Government of India, Ministry of Labour &

Employment by its Order No. L-11011/17/2004-IR (M), dated

29.04.2004 in exercise of the powers conferred by clause

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

of the Industrial Disputes Act, 1947 have referred the

following industrial dispute to this Tribunal for

adjudication:

"Whether the Airports Authority of India (IAD),

Mumbai or Security Guards Board for Greater

Mumbai and Thane District is the employer in the

case of Shri V.D. Suryavanshi? Whether Shri V.D.

Suryavanshi has worked on 5th, 17th, 21st, 24th &

30th June 2000 and for 17 days in the month of July

2002 in the establishment of Airports Authority of

India (IAD) Mumbai through the Security Guards

Board? If so, to what relief Shri Suryavanshi is

entitled for?"

2. After receipt of the reference notice was sent to

both the parties. Second party Workman appeared before

this Tribunal on 24-08-2004 and filed his Statement of Claim

at Ex-6. According to the Second party he is a member of

the Krantikari Suraksha Sanghatana Registered under the

Trade Union Act, 1926. He is registered with the Security

Guards Board and the Security Guard Board allotted him to

the Airport Authority of India. The AAI is arbitrarily

transferring and posting the workman. On

1-5-2000 he has been assigned to a Security Supervisor to

harass the workman. Union protested this action of AAI

vide their letter dt. 5-5-2000. The workman worked on the

new post in the month of June 2000. First party Management

no. 1 marked the workman absent and deducted his wages

for the days 5th, 17th, 21st, 24th, 29th & 30th June 2000 on

which dates he has worked. Workman demanded the

illegally deducted wages of 6 days by letter dt. 17-7-2000

but the management did not reply. In the month of July

2000 the workman has worked for 29 days but he was paid

wages of only 12 days. Workman demanded the illegally

deducted wages of balance days by letter

dt. 17-9-2000 but the management did not reply. According

to the workman he was being victimized for his union

activities. Workman therefore prays to direct the

management no. 1 to refund the amount illegally deducted

in June 2000 to the tune of Rs. 1146 & July 2000 Rs. 1571/-

and also prays for interest @ 18% p.a. from the date of

June 2000 and also prays for cost.

3. Management resisted the statement of claim of the

workman vide its Written statement at Ex.-11. According to

the management no. 1, the reference is bad in law as the

union does not represent the workmen employed in its

establishment. In order to become the individual dispute

as an industrial dispute under Section 2 (k) of the I.D. Act

it has to be established either by a resolution or otherwise

that it had been taken up by the union of workmen or by an

appreciable number of workmen employed by it: who must

have a direct and substantial interest in espousing the

cause of Mr. Suryavanshi who is not the workman as defined

under Section 2 (s) of the Act. Thus the industrial dispute

cannot be raised in respect of money claim for which there

is a provision under Section 33 C (2) of the Act. According

to the first party no. 1, the concerned workman was never

employed by it. He is a registered Security Guard of the

Security Guards Board for Greater Bombay and Thane Distt.

who allotted him to the Authority. It is an admitted fact that

the Board makes payment of wages and other dues to the

workman. Under these circumstances, first party submits

that the reference is not maintainable in law against it. First

party no. 1 has denied all the allegations made by the

workman in the statement of claim. According to the first

party no. 1, it did not effect payment of wages for the

months of June 2000 and July 2002 or July 2000 and hence

question of refunding of the allegedly deducted amounts

of Rs. 1,146 & Rs. 1571 for the months of June and July

2000 respectively does not arise. Therefore the workman is

not entitled to any relief.

4. Issues were framed and re-casted at Ex-12.

Thereafter the matter was fixed for recording evidence of

Second party Union. Second party union neither attended

this Tribunal nor filed Affidavit in lieu of examination-in-

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2175

chief. Order "No affidavit from Union" was passed on 6-3-

2012. Management filed Affidavit of Shri P.D. Koli (MW-1)

at Ex-23. Since union remained absent "no cross of MW-1

was passed on 27/2/2013. Thereafter management filed their

Written Arguments. Matter was adjourned for arguments

by Union on number of dates, but they remained absent.

Sufficient time was given to Second party union to prove

their case. On the other hand managemnet has led their

evidence. It remained unchallenged. Therefore I hold that

the second party union failed to prove their case by leading

evidence. Thus the reference deserves to be dismissed.

Hence I proceed to pass the following order:

ORDER

The reference stands dismissed with no order as to cost.

Date: 27.03.2015

K.B. KATAKE, Presiding Officer

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New Delhi, the 6th May, 2015

S.O. 1004.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. I.D. No. 58/

2006) of the Central Government Industrial Tribunal/Labour

Court 2, Dhanbad now as shown in the Annexure in the

Industrial Dispute between the employers in relation to the

management of Indian Oil Corporation Limited and their

workman, which was received by the Central Government

on 27/4/2015.

[No. L-30011/13/2006-IR(M)]

JOHAN TOPNO, Under Secy.

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. 58 OF 2006

Parties : The Dy. General Secretary,

B.T.M.U., Suraj Bhawan, Refinery Township Begusarai

Vs.

The Exec. Director,

Indian Oil Corporation Ltd., Refinery Division

Barauni Refinery, Begusarai-851114 (Bihar).

Order No. L-30011/13/2006-IR(M) dt. 24.08.2006

& 26.11.2007

APPEARANCES:

On behalf of the workman/Union : Mr. V.N. Sahay

Ld. Advocate

On behalf of the Management

: Mr. K.N. Gupta,

Ld. Advocate

State

:

Bihar

Industry

:

Petroleum & Natural Gas

Dated, Dhanbad, the 26th March, 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-30011/

13/2006-IR(M) dt. 24.08.2006 & 26.11.2007.

SCHEDULE

‘‘Whether the action of the Management is justified

in not providing employment to the next of kin of

Shri Ugandeo Choudhary & if not, what relief the

workman is entitled to?"

On receipt of the Order No. L-30011/13/2006-IR(M)

dt. 24.08.2006 & 26.11.2007 of the above mentioned

reference from the Government of India, Ministry of Labour

& Employment, New Delhi, for adjudication of the dispute,

the Reference Case No. 58 of 2006 was registered on

21.09.2006 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

Workman and the O.P./Management through their Ld.

Advocates appeared respectively, and contested the case.

2. The case of the workman Ugandeo Choudhary as

sponsored by the BTMU, Begusarai, is the workman, an

employee of the Management of the Indian Oil Corporation,

Barauni Refinery under the M/s Indian Oil Corporation, a

Public Sector, met an accident on 01.10.2001 while going

from Refinery Township to Factory for duty on bicycle

which was dashed by an unknown Vehicle. On his report

to Refinery Hospital on the same day for treatment, the

Doctors Diagnosed his case intra-capsular fracture of right

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THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

femur neck. Considering his condition serious, he was

referred by the Refinery Doctors to Kurjee Holy Family

Hospital, Patna where he was under treatment therefrom,

he was referred by the Refinery Doctor to Sri Ganga Ram

Hospital, Delhi, wherefrom without any fruitful result, he

was discharged. The workman represented in his

application on 18.07.2002 to the Management, that the

Doctor had declared him totally permanent disabled. He

also submitted his application to the Executive Director in

the prescribed form of the Company for appointment of his

dependant son/daughter on the ground of his permanent

100% total disablement under clause 3(b) of the Tripartite

Agreement dated 19.1.1989 (Annexure 1) and the

Rehabilitation Scheme. But the Management did not

consider it, though Ram Kumar Rai, S/o Raj Dev Rai and

C.B. Mishra were employed under the Rehabilitation Scheme

in the last five years as per the said agreement. It is also

alleged it a violation of Article 14 of the Constitution of

India and the Tripartite Agreement. The workman already

retired from service on 30th June, 2005. Even then, no

medical and other benefits were made available to him. The

Memorandum of Settlement under the Rehabilitation of

the Family of the workman dying/suffering permanent total

disablement during service provides for an option for

employment of his ward eligible suitable and dependant

son/daughter. Hence the Industrial Dispute arose.

3. The Representative Union in its rejoinder on behalf

of the workman has also categorically denied the relevant

allegations of OP/Management as incorrect, further stating

the Management had not been discharging the legal

liability as per the law. When the management was informed

about the accident, it took not any steps for payment of

compensation under the Compensation Act, 1923; the

workman filed a case for compensation which was a separate

claim independent of the present Reference. The workman

had informed of the Management about his total

disablement as per his letter dt. 18.07.2002. The

Management had provided the Medical treatment to him

even at Delhi.

4. Whereas the contra pleaded case of the OP/

Management is that the Refernece being unrelated to the

Indian Oil Corporation, Barauni Refinery not maintainable,

though later on, as per corrigendum of the Under Secretary

concerned, it has been added the IOCL, Refinery Division,

Barauni Refinery as a party to it as per letter dt. 26.11.2007.

Even then the Reference is not maintainable in facts and

law as well. The case of the workman Ugandeo Choudhary

never came under the category of total permanent

disablement. Factually, the Barauni Refinery Management

being a Public Sector of the Government of India has been

complying the provisions of the Law of the Land just as in

the terms of Tripartite Agreement dt. Jan. 19, 1989. by

implementing the scheme of Rehabilitation of the family of

the workman dying or suffering permanent total disablement

due to an injury arising out of and in course of employment

while in service. The workman had also filed the case No.

WC:07/2006 before the Dy. Labour Commissioner-cum-

Workman Compensation Commissioner, Mungyr Division,

Begusarai, for compensation under the Compensation Act,

1923. Sri Sitaram Choudhary, S/o workman had also filed a

Writ application before the Hon'ble High Court, Patna, in

respect of his appointment under the Scheme of the

aforesaid Rehabilitation. As per the Memorandum of

Settlement known as "Superannuation Benefits Fund

Scheme" arrived on Jan. 19, 1989 between the IOCL, Barauni

and Barauni Tel Sodhak Mazdoor Union. There is also a

provision for rehabilitation of the family of the workman

dying/suffering permanent disablement due to an injury

arising out of/in course of employment while in service.

One of the Rehabilitation options is for employment of

otherwise eligible, suitable and dependant son/daughter

(Annexure-D). Further alleged is that the workman who

joined his service on 13.09.1969 in the regular scale of

Barauni Refinery, retired at his sixty years from the service

of corporation on 30.06.2005 as per the policy of the

Corporation.

5. The workman is alleged to have informed the

Management as per his letter dt. 18.07.2002 after more than

nine months (Annexure-E) about his accident to have taken

place near Bio-treatment plant of Barauni on 1st Oct., 2001

while going on bicycle from Refinery Township about seven

Kms. away to the refinery for duty due to dash by unknown

Vehicle at about 1.45 p.m., seeking employment for his son

under the Scheme of the Corporation on the ground of his

permanently disablement. But he had not submitted any

documentary/legal proof of it with details of its time and

place, nor any FIR usually required in such accident. Even

he had not reported the First Aid Centre of Refinery nearer

(less than half kilometer) to the alleged place of occurrence.

In fact, the workman was absenting from duty without any

intimation from 28.09.2001 to 01.10.2001 (the date of alleged

accident); the Certified Standing Order of the Barauni

Refinery under its Clause 5 (a) applicable to the workman

lays down:

‘‘Any employee who meets with an accident in course

of his employment shall immediately report the accident,

however, slight it may be, to his Sectional/Departmental

Head who shall arrange to him at once to the Company's

first Aid Station for such treatment as may be necessary."

However, the workman did not abide by the rules

governing his service in the Corporation and subsequently,

he filed it to take unfair and under advantage of it. However,

the workman as per the Medical rules of the Corporation

was also provided the required Medical treatment as per

the Medical record of the Corporation, the workman

reported to the Refinery Hospital on 01.10.2001 without

mentioning the time of his reporting. The Doctor diagnosed

his case as intra capsular fracture neck of right femur, and

referred to Kurjee Holy Family Hospital, Patna, for further

treatment. In spite of specialized best medical treatment

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2177

provided to Shri Choudhary at Delhi and Patna, whenever

required during his service period, ever since his alleged

accident claim till his retirement on 30.06.2005, he did not

join his duty even after Doctor's advice for treatment and

rest. Provision of medical facility is a welfare measure

provided as per rule of the Corporation having been granted

on the ground of the clinical note of Doctor's advice for

treatment/rest does not justify the claim of the workman.

The Reference letter of Barauni Refinery Hospital and the

letter dt. 21.12.2004 to join his duty as Annexure-H series

are attached. There was nothing on the record to show any

casual connection between his alleged accident and his

employment, as he had been absenting since 28.09.2001

without any intimation. Neither the claim of the workman

arose for the alleged accident nor any liability can be

fastened against the Management, as the alleged personal

injury was not a cause to the workman by an accident

arising out of and in course of employment. Thus, the

claimed accident does not come even under purview of

Workman's Compensation Act, 1923.

6. Further it is alleged that even after his retirement

from 30.06.2005 till the date, his staying in the Corporation's

Quarter unauthorizedly despite repeated advice for vacating

it also shows his conduct and intention to get undue

advantage (Annexure-I). The Memorandum of Settlement

provides for pension to the retired employee, but despite

frequent advice for submissions of the forms duly filled in

process of pension, i.e., superannuation Benefits Fund

Scheme, Medical Facilities Self and spouse under post

retirement Medical Attendance Scheme, he did not submit

the same perhaps in order to strengthen his case. The

workman is also eligible for another pension under the

Employees Pension Scheme-1995, PF amount at his credit,

Superannuation Award of 25 grams Gold Coin (24 ct) etc.

The Gratuity Amount due to him has been released into his

Bank Account but the Management in lack of his necessary

forms, declaration and nomination could not release the

aforesaid Benefits unless and until they are submitted by

the workman. The aforesaid settlement at point 3 prescribes:

"No provision of this Scheme will be deemed to constitute

any claim/right, entitlement on the part of any body". There

is no rationale of the aforesaid accident claim, as such the

management can not be held liable for providing an

employment under the Tripartite Agreement dated 19th Jan.,

1989.

FINDINGS WITH REASONS

7. In the instant reference, WW1 Asutosh Kumar

Singh, the Union Representative, WW.2 Jitendra Kumar,

the third son of the workman concerned on behalf of the

Union, and MW1 Ritesh Kumar, the Sr. Employee Relation

Officer (SERO) of Barauni Refinery, for the Management

have been respectively examined.

Mr. V.N. Sahay, Ld. Counsel for the Union/workman

has strenuously submitted that the workman Ugandeo

Choudhary was an employee of the Management of Indian

Oil Corporation, Barauni Refinery; while he was going by a

bicycle from refinery Township to Factory to join his duty

on 01.10.2001, he met with an accident due to dash by

unknown Vehicle; he was hospitalized immediately in the

Refinery Hospital for treatment, and the Doctors diagnosed

his case of "Intra capsular fracture of neck of right femur",

so considering his case serious, he was referred by the

Refinery Doctor to the Kurjee Family Hospital, Patna,

wherefrom he was referred to Sri Ganga Ram Hospital, New

Delhi, due to no improvement in his condition; even after

his medical treatment from 01.10.2001 to 09.07.2006, he was

unable to perform his duty as per the Certificate issued by

Sri Ganga Ram Hospital about his inability to walk, advising

for minimum exertion and sedentary life style resulting in

his permanent total disablement (Extt. W.1/1 & 1/7). But

the former Certificate dt. 30.09.2001 (Ext. WVI) prima facie

appears to be issued by the Medical Officer, State

Dispensary Nagdah, Begusarai (Govt. of Bihar) for his only

three days' treatment from 28.09.2001. None of the

Certificates certifies the total disablement of the workman

concerned as contended by Mr. K.N. Gupta, Ltd. Advocate

for the OP/Management.

It is also further submitted on behalf of the workman

that the workman had informed the Management as per his

letter dt. 8.07.2002 (Ext. W.2) that he had become total disabled

in spite of his specialized treatment provided by the

Management, so he had urged for the employment of his

son as per the Tripartite Agreement (Rehabilitation Scheme

for the family of the workman) dt. 19,1928 (Ext.M.1) which

lays down under its para 5 & 6 ‘‘workman dying and suffering

from permanent total disablement while in service, female

spouse and dependant Male spouse may opt within six

months; employment of eligible son/daughter must be

sought within six months of the death or permanent total

disablement of the workman in a prescribed format,

employment under scheme will offer within a period of three

years, but the OP/Management on his application for

appointment of his dependant ward violated the aforesaid

clauses of the Tripartite Agreement, though the Management

had provided such employment 17 wards of the other

workmen in the last five years, who either died or became

total permanent disabled during their service periods under

aforesaid Rehabilitation Scheme. It is also alleged on behalf

of the workman that Management had tried to convert the

case under the Workmen Compensation Act, not offering

any employment by denying their liability beyond the scope

of the said agreement; in spite of full knowledge of all along

treatment to the workman by the Management at their

expenses from Patna to New Delhi no case of his absence

from duty from the date of his accident could be made out,

and that in course of the harassment to the totally disabled

workman for long years, he lastly died on 11.1.2014 and his

first son had pre-deceased on 25.1.2012, so his second son

is eligible for appointment under the said Agreement; under

2178

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

such circumstances the OP/Management can not

discriminate the workman as contrasted with the other

employees whose wards were given employment in the

similar situations. Lastly, Mr. Sahay, the Learned Counsel

for the workman has acknowledged that the withdrawal of

the CWJC No. 9985/2006 by the workman on 13.02.2014 which

was accordingly dismissed.

8. On the other hand, in quite denial to the alleged

occurrence of the accident as concocted, Mr. K.N. Gupta,

Ld. Advocate, for the OP/Management has contended that

alleged accident is said to have taken place on 01.10.2001

but for the first time the information was given on 18.07.2002

(Ext. M.2). There is no FIR of it. The place of the accident is

just half Km. away from the Refinery Gate, but none gave

any information about the accident. Neither of two

witnesses; MW1 Ashutosh Kumar Singh, the Union

Representative and WW2 Jitendra Kumar, the third son of

the workman Ugandeo Choudhary, could admittedly have

an occasion to see any accident nor an independent witness

could be examined in discharging the onus of proof at the

point. Mr. Gupta has emphatically to submit that the

Superannuation Fund Scheme (In short the Scheme)

(Annexure I) to Memorandum of Settlement dt. 19.01.1998

(Ext.M.1) was meant for the Rehabilitation of the family of

the workman dying or suffering a permanent total

disablement (in short PTD) due to an injury arising out of

and in course of employment while in service; the option-

3 of the Rehabilitation is also for employment of otherwise

eligible suitable and dependent son/daughter, but in the

instant case, the workman joined the service on 13.09.1969

and continuously remained in service till his retirement

from his service on 30.06.2005 at his superannuation age.

The workman had, as submitted by Mr. Gupta, also filed

his claim application WC Case No. 7/06/4/06 under the

Workmen Compensation Act, before the Labour Court,

Begusarai, for compensation of Rs. 3,10,680/- based on the

same ground of his personal injury out of the accident

allegedly arising out of and in course of his employment

resulting in his permanent Total disablement.

Mr. Gupta has argued that the workman allegedly to

have become a Permanent Total Disablement during the

employment in one case and he pleaded his PTD (Permanent

Total Disablement) due to the accident arising out of an

accident during the course of employment in another case;

as such the claim of the workman is directly contradictory

as well as over doubtful. In the instant case, no nexus

between the accident and the employment of the workman

has been established by the workman; neither the road

accident to the employee on way to his employment said

to have its origin in dashing by unknown Vehicle in his

employment in the factum can be presumed, nor any of the

relevant Certificates of the workman proves his loss of

100% earning capacity or Permanent Total Disability;

moreover the workman has availed almost all of his retrial

benefits. Further contention of Mr. Gupta is that the

workman as employee was provided medical treatment while

in his service till 30.06.2005 as per the Medical Rules of the

Corporation; despite his Medical Certificates not justifying

his unfitness to join his duty, the workman did not join his

duty even at the advice of the OP/Management. Mr. Gupta

has submitted the instant case has no proof of any

discrimination with the workman as contrasted with the

other employees of the Corporation, as the Settled principle

is that the discrimination arises when two are equal but the

workman failed to produce or prove of any document to

that effect specifically even apart from non-examination of

the workman himself; and lastly likewise not any economic

crisis of the workman on account of his PTD (Permanent

Total Disablement) has been proved; besides residing of

his family in the Refinery Quarter, availing of all the facilities

thereof without any payment of rent since long contrary to

the Refinery's rules makes the family of the workman liable

to pay penal rent; under these curcumstances, the

Management is in no way liable to provide any relief of

employment to the dependent son of the workman.

9. On perusal and consideration of all the materials

on the case record, I find that the existence of workman

Ugandeo Choudhary as the employee of the OP/

Management appears to be beyond any dispute. It also

appears no doubt that the two cases: the CWJC No. 9985/

2006 filed by Sita Ram Choudhary, (now deceased) son of

the workman, before the Hon'ble High Court, Patna and the

Case No. WC 4/06 by the workman before the Labour Court,

Begusarai, for compensation under the Workmen's

Compensation Act, 1923 have been filed on the same ground

of alleged Medical Treatment and claim for employment for

his son as in the instant Reference. But later on, the said

Writ petition was dismissed as withdrawn on 13.12.2014 by

the Hon'ble High Court, Patna, as submitted by the Learned

Counsel for the workman. In the instant reference, there

was neither F.I.R. nor any information by the workman to

the OP/Management about his accident taken place on

01.10.2001, rather the application of the workman dt.

18.07.2002 (after more than nine months) (Ext. W.2) to the

Executive Director, Barauni Oil Refinery, Begusarai is about

the said accident as well as for consideration of his ward

Sita Ram Choudhary's employment under the Rehabilitation

Scheme as per his dateless application (Ext.W.2/1) which

was also unwitnessed, nor supported with any substantial

documents. None of the Medical Certificates (Extt. W.1/2

dateless and W.1/7 dt. 19.07.2006) establishes the Permanent

Total Disablement (PTD) of the workman, rather the Medical

Certificate (Ext.W1/2) issued by the Kurji Holy Family

Hospital, Patna refers the advice to the workman to walk

without walking stick. Moreoever the Certificate dt.

30.09.2001 (Ext.W1/1 issued by the Medical Officer,

Dispensary, Nagdah, Begusarai (Government of Bihar)

denotes the only three days treatment of the workman there

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2179

from 28.09.2001 earlier than the alleged occurance. It makes

the case of the workman vague, hence doubtful.

10. The acknowledged fact is that in process of his

such claim for employment of his ward on the alleged ground

of his Permanent Total Disablement (P.T.D.) the workman

retired from service on 30.06.2005, after which he was paid

almost all dues including his gratuity, and later on, he

expired on 11.01.2014. So far as alleged accident to the

workman is concerned, there is no proof of it resulting in

his Permanent Total Disablement (commonly known as

PTD), which is the pre-requisite for the employment of his

ward under the aforesaid Scheme. Moreover, the words

"Arising out of and in the course of his employment"

indicate, as held by the hon'ble Apex Court in the case of

Regional Director, E.S.I. Corpn. Vs. Francis De Costa, (1996)

6 SCC. 1, 6. that any accident which occurred while going

to the place of employment or for the purpose of

employment, cannot be said to have arisen out of his

employment, there being no casual connection between

the accident and the employment.

Considering all the aforesaid factum and legum of

the case, it is awarded that the action of the Management

of Barauni Oil Refinery, Begusarai, is quite justified in not

providing employment to the next of kin of workman

Ugandeo Coudhary. So, the workman neither was nor is

entitled to any relief.

KISHORI RAM, Presiding Officer

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S.O. 1005.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. I.D. No. 42/

2014) of the Central Government Industrial Tribunal/Labour

Court 2, Dhanbad now as shown in the Annexure in the

Industrial Dispute between the employers in relation to the

management of HPCL Biofuels Limited and their workman,

which was received by the Central Government on

27-4-2015.

[No. L-30011/13/2014-IR(M)]

JOHN TOPNO, Under Secy.

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. 42 OF 2014

Parties : The President

Bihar Sugar Workers Federation,

Boring Road, Pani Tanki. Distt:Patna,

Vs. The General Manager,

HPCL Biofuels Ltd.

Lauriya, Bettaih, Bihar.

Ministry Order No. L-30011/13/2014-IR(M)

dt.11-8-14.

APPEARANCES:

On behalf of the workman/Union : None

On behalf of the Management

: Mr. R. K.Tiwari,

Ld. Advocate

State

:

Bihar

Industry

:

Petroleum & Natural Gas

Dated, Dhanbad, the 2nd March, 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-30011/

13/2014-IR(M) dt. 11.08.14.

SCHEDULE

"Whether the action of the management of HPCL

Biofuels Ltd., Lauriya to transfer the services of 235

workmen from the muster roll of the Company to the

roll of the Contractor M/s Sugauli Chini Mill Shramik

Swawlambi Sahkari Samiti, Lauriya is valid? If not,

what relief the workman are entitled for?"

2. Mr. R.K. Tiwari, Ld. Advocate for the OP/

Management's present but none appeared on behalf of

Bihar Sugar Workers Federation/workmen. Mr. Tiwari, Ld.

Advocate for the OP/Management submits that in view of

the joint petition filed on 09.02.2015 on behalf of the both

the parties under the signatures of the President of the

Bihar Sugar Works Federation, Patna and the General

Manager, R.K. Mishra, for passing a 'No Dispute award' as

both the parties have amicably resolved this dispute as

referred for an adjudication.

2180

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

On perusal of the case record, I find that since both

the parties have amicably settled their dispute by filing a

joint petition under the signatures of both the

representatives, so there is no longer an Industrial Dispute;

hence, it is closed as "no Industrial Dispute"; and

accordingly it is passed an No Dispute Award.

KISHORI RAM, Presiding Officer

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New Delhi the 6th May, 2015

S.O. 1006.—In pursuance of Section 17 of the

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

Government hereby published the award (Ref. I.D. No. 43/

2014) of the Central Government Industrial Tribunal/Labour

Court 2, Dhanbad now as shown in the Annexure in the

Industrial Dispute between the employers in relation to

the management of HPCL Biofuels Limited and their

workmen, which was received by the Central Government

on 27-04-2015.

[No. L-30011/12/2014-IR(M)]

JOHAN TOPNO, Under Secy.

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. 43 OF 2014

Parties : The President

Bihar Sugar Workers Federation,

Boring Road, Pani Tanki. Distt:Patna,

Vs.

The General Manager,

HPCL Biofuels Ltd.

Sugauli, East Champaran (Bihar)

Ministry Order No. L-30011/12/2014-IR(M)

dt.13-8-14.

APPEARANCES:

On behalf of the workman/Union : None

On behalf of the Management

: Mr. R. K.Tiwari,

Ld. Advocate

State

:

Bihar

Industry

:

Petroleum & Natural Gas

Dated, Dhanbad, the 2nd March, 2015

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on them under Sec. 10(1)

of the I.D.Act, 1947 has referred the following dispute to

this Tribunal for adjudication vide their Order No-L-30011/

12/2014-IR(M) dt. 13.08.14.

SCHEDULE

"Whether the action of the management of HPCL

Biofuels Ltd., Sugauli to transfer the services of 235

workmen from the muster roll the Company to the

roll of the Contractor M/s Sugauli Chini Mill Shramilk

Swawlambi Sahkari Samiti, Sugauli is valid? If not,

what relief the workman are entitled for?"

2. Mr. R.K. Tiwari, Ld. Advocate for the OP/

Management of HPCL Bio-Fuel Ltd., Sugauli, East

Champaran (Bihar), but none appeared on behalf of the

President of Bihar Sugar Workers Federation/workmen,

Patna. Mr. Tiwary by drawing my attention, to the joint

petition filed on 09.03.2015 on behalf of the both the parties,

submits that since both the parties as per the joint petition

under the signatures of Ratan Shankar Jha, the General

Manager of the Management and the President concerned

of the aforesaid Federation have amicably settled the

dispute in issue, so there is no dispute; hence it may be

passed as 'No Dispute Award' in this case.

On perusal of the case record, I find the reference

relates to an issue over the transfer of services of 235

workmen from the Muster Roll of the Company to the roll

of the Contractor M/s Sugauli Chini Mill, Sharmilk

Swawlambi Sahkari Samiti, Sugauli which which appears to

have been resolved amicably by both the parties. Under

these circumstances, it is not longer an Industrial Duispute;

hence it is passed an No Industrial Dispute existing.

KISHORI RAM, Presiding Officer

ubZ fnYyh] 6 ebZ] 2015

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2181

¼lanHkZ la[;k 43@2014½ izdkf'kr djrh gS tks dsUnzh; ljdkj dks

27&04&2015 dks izkIr gqvk FkkA

[lañ ,y&11011@2@2014&vkbZ vkj ¼,e½]

tksgu rksiuks] voj lfpo

New Delhi the 6th May, 2015

S.O. 1007.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. I.D. No. 43/

2014) of the Central Government Industrial Tribunal/Labour

Court, Kolkata now as shown in the Annexure in the

Industrial Dispute between the employers in relation to the

management of Airport Authority of India and their

workmen, which was received by the Central Government

on 27-04-2015.

[No. L-11011/2/2014-IR(M)]

JOHAN TOPNO, Under Secy.

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

AT KOLKATA

Reference No. 43 of 2014

Parties: Employers in relation to the management of Airport

Authority of India

AND

Their workmen.

Present: Justice Dipak Saha Ray, Presiding Officer

Appearance:

On behalf of the :

Mr. Sushil Kumar Karmakar, Ld.

Management

Counsel for Airport

Authority of India.

Mr. Rahul Ghosh, Ld. Counsel for

M/s. Bhadra

International India Ltd.

On behalf of the :

None.

Workmen

State : West Bengal

Industry : Civil Aviation

Dated: 9th April, 2015

AWARD

By Order No. L-11011/2/2014-IR(M) dated 16. 05. 2014 the

Government of India, Ministry of Labour in exercise of its

powers under Section 10(1)(d) and (2A) of the industrial

Disputes Act, 1947 referred the following dispute to this

Tribunal for adjudication.

"Whether the demand of the Union for ex-gratia/

bonus @ 20% on the management of M/s. Bhadra

International contractor of Airports Authority of

India, Kolkata is legal and/or justfied? if not, what

relief the workmen are entitled?"

2. When the case is taken up for hearing today, Lt.

Counsel for the Director, Airports Authority of India, NSCBI

Airport, Dum Dum is present, M/s. Bhadra International

India Ltd. Also Appears through its Lt. Counsel but none

appers on behalf of the General Secretary, NSCBI Airport

Casual & Contractual Workmen’s Union even this day in

spite of service of notice, It appears from the record that

the union never appeared in this case.

3. Considering the conduct of the union, it may

reasonably be presurned that the union is not all interested

to proceed with this case. So, No fruitful purpose will be

served by keeping the matter pending further.

4. In such view of the matter, present reference is

disposed of by passing a "No Dispute Award".

JUSTICE DIPAK SAHA RAY, Presiding Officer

Dated: Kolkata,

The 9th, April, 2015.

ubZ fnYyh] 7 ebZ] 2015

dk-vk- 1008-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dksphu iÙku

U;kl 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

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[lañ ,y&35011@3@2012&vkbZ vkj ¼ch&II½]

jfo dqekj] MsLd vf/kdkjh

New Delhi, the 7th May, 2015

S.O. 1008.—In pursuance of Section 17 of the

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

Government hereby published the Award (Ref. 6/2013) of

the Central Government Industrial Tribunal-Cum-Labour

Court, Ernakulam as shown in the Annexure in the Industrial

Dispute between the management of Cochin Port Trust

and their workmen, received by the Central Government on

27-04-2015.

[No. L-35011/3/2012-IR(B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

ERNAKULAM

Present: Shri D. Sreevallabhan, B.Sc., LL.B,

Presiding Officer

(Friday, the 19th day of December, 2014/28th

Agrahayana, 1963)

2182

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

ID 6/2013

Union

: The General Secretary

Cochin Port Staff Association

Wellingdon Island

Cochin-682009

By M/s. A.V. Xavier

Management

: The Chairman

Cochin Port Trust

W/Island

Cochin-682009

By M/s. B.S. Krishnan Associates

This case coming up for hearing on 18.12.2014 and

this Tribunal-cum-Labour Court on 19.12.2014 passed the

following:

AWARD

In exercise of the powers conferred by clause (d) of

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

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

of India/Ministry of Labour as per Order No-L35011/3/2012-

IR(B-II) dated 07.12.2012 referred the industrial dispute

scheduled thereunder for adjudication to this tribunal.

2. The dispute is:

"Whether the action of the management of Cochin

Port Trust in denying special casual leave as per

Central Govt. Rules to its employees on the days

when there was breakdown of public transport system

due to bandh etc., is legal and justified? What relief

the employees are entitled to?"

3. After submission of pleadings by both parties the

case was posted in the Lok Adalath as agreed to by them.

There was a full and final settlement of the dispute and a

compromise was filed jointly by both the parties. There is

nothing illegal in accepting the compromise. Hence the

compromise is accepted and an award is passed in terms of

the compromise. The compromise will form part of the award.

The award will come into force one month after its

publication in the Official Gazette.

Dictated to the Personal Assistant, transcribed and

typed by her, corrected and passed by me on this the 19th

day of December, 2014.

D. SREEVALLABHAN, Presiding Officer

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

ERNAKULAM

I.D. No. 6 of 2013

Cochin Port Trust

: Management

Cochin Port Staff Association

: Union

The Matter was taken up in Lok-Adalath and the

parties agreed to settle the dispute on the following terms.

1. The management agrees to grant Special Casual

Leave to the following persons on 2.3.2010 :—

11.

4320

N. Pradeep Kumar, Dy. Chief Acctt.

12.

7174

Rugmini K, Sr. Acctt.

13.

2747

K. Valsalakumari, Sr. Acctt.

14.

5858

T.R. Kunjappan, Sr. Acctt

15.

5564

P.P. Geetha, Acctt.

16.

7817

C.F. Elizabeth, Acctt.

17.

9540

K.A. Xavier, Acctt.

18.

7059

P.K. Karunanidhi, Acctt.

19.

122

V. Padmajakumari, Sr. Acctt.

10.

5082

C.N. Baby, Sr. Actt.

11.

7197

Saheeba, M.V. Sr. Acctt.

12.

7602

T.C. Thambi, Sr. Acctt.

13.

739

M.P. Geethakumari, Sr. Acctt.

14.

7650

V. Sudhakaran, Acctt.

15.

8018

B.A. Sangeetha

16.

596

V.B. Ganga Devi, Manager

17.

4533

Merlin L. Lopez. Sr. Acctt.

18.

4350

Elizabeth K. Paul, Acctt.

19.

13087

Shammy Rose T.X. Acctt.

20.

7981

Suma Sachit K. Acctt.

21.

7002

K.V. Sasi, J.E. (M)

22.

3121

K.S. Mary Manager

23.

9020

T.S. Vinoy, Acctt.

24.

7149

M. Bihin, MM

2. The Management agrees to grant Special Casual

Leave to the following persons on 27.4.2010 :—

Sl. No. Staff No.

Name & Designation

1.

616

V.R. Ravindran Pillai, Gl. Superviser

2.

5731

C.R. Vijayalakshmi, Sr. Acctt.

3.

7353

M. Rajasree, Acctt.

4.

9074

Smitha N. Chellappan, Acctt.

5.

4322

P.K. Shahul Hameed, Acctt.

16.

555

A.P. Vijayan, Manager

17.

732

V.M. Mary, Sr. Acctt.

18.

113

K.S. Aleyamma, Sr. Acctt.

19.

7963

P.V. Vary, Acctt.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2183

10.

829

T.A. Syrabanu, Acctt.

11.

9640

K. Lathika, Steno Gr. I

12.

574

P.A. George, Manager

13.

550

Philip Bency, Manager

14.

3354

T.K. Padmanabhan, Sr. Acctt.

15.

5075

K.P. Grija, Sr. Acctt.

16.

5033

V.B. Girija Devi, Sr. Acctt.

17.

2372

T.S. Usha, Acctt.

18.

641

Faustine peter, Acctt.

19.

12021

M.R. Sunilkumar, Acctt.

20.

12041

K.S. Manoj, Acctt.

21.

642

A. Vijayam, R/Asstt.

22.

15053

T.R. Sreedevi, UDC

23.

9090

V.P. Sindhu, Statistical Asstt.

24.

185

V.G. Padmajam, Acctt.

25.

5548

M.J. Stella, R/Asstt.

26.

5040

A.S. Latha, Acctt.

27.

190

B.K. Mrithunjayan, Acctt.

28.

736

T.K. Anilkumar, Acctt.

29.

592

T. Mumtas, Sr. Acctt.

30.

5057

M.K. Santhakumari, Manager

31.

6919

P.K. Sindhu, R/Asstt

32.

4213

M.S. Mariamma, Acctt.

33.

9581

A.A. Arifa, Hd. Sweeper

34.

843

T.V. Subramanian, Gl. Superviser

35.

3147

P.A. Sebastine Agustine, Sr. Acctt.

36.

9830

P.G. Mohanan, Acctt.

37.

4321.

C.P. Rajee, L/Asstt.

38.

0082

V.N. Muraleedharan, Steno (SG)

39.

126

Antony John Correa, Acctt.

40.

5851

K. Pnakajakshi, Manager

41.

3359

Radha Pattalur, Sr. Acctt.

42.

830

P.G. Suresh, Acctt.

43.

173

C.K. Girijappan, Gl. Supvr

44.

5042

I.E. Xavier, Acctt.

45.

7864

P. Vanajakumari, Sr. Acctt.

46.

575

Susamma P.O. Oomman,

47.

7023

A.A. Sherly Margarat, Acctt.

48.

15066

T.H. Sulfath, LDC

49.

189

M. Rajalakshmi, Sr. Hindi Translator

50.

12032

Susan Varghese, Hindi Translator

51.

7174

Rugmini K., Sr. Accountant

52.

2747

K. Valsalakumari, Sr. Acctt.

53.

7059

P.K. Karunanidhi, Acctt.

54.

9785

T.K. Sivankutty, Acctt.

55.

4279

Smt. Latha Bai, Steno (S.G)

56.

5082

C.N. Baby, Sr. Acctt.

57.

7602

T.C. Thambi, Sr. Acctt.

58.

5512

T.N. Suresh

59.

8018

B.A. Sangeetha

60.

7105

T.V. Mohankumar, Acctt.

61.

596

V.B. Ganga Devi, Manager

62.

4533

Merlin L.Lopez, Sr. Acctt.

63.

4350

Elizabeth K. Paul, Acctt.

64.

13087

Shammy Rose T.X. Acctt.

65.

7981

Suma Sachit K, Acctt.

66.

167

C.V. Surendran, G/S

67.

3121

K.S. Mary, Manager

68.

9020

T.S. Vinoy, Acctt.

69.

7130

A.M. Siraj Hussain, Acctt.

70.

7618

E.G. Xavier, Electrician HSK

3. Both the parties hereby agrees that no person,

other than those mentioned above, will be entitled for the

benefit of this settlement.

4. Both the parties hereby agree that the terms of this

settlement shall not be treated as a precedent, under any

circumstances. It is also agreed that the terms of this

settlement shall not affect in any manner the terms and

conditions of the circular No. Secy/5/2011/S dated 13.6.2011.

It is also agreed between the parties that no person shall

use the terms of this settlement, in any manner, in any

further demand/dispute.

5. Union hereby agrees that they are fully satisfied

with the terms and conditions of this settlement and shall

not make any further claim with respect to the above

dispute.

6. Both the parties hereby to pass an award in the

above dispute, in terms of this settlement.

Dated this the 18th day of December 2014.

Union

Sd/-

Management Sd/-

Counsel for the union Sd/- Counsel for the Management

Sd/-

Sd/-Mediator

2184

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

ubZ fnYyh] 7 ebZ] 2015

dk-vk- 1009-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dksphu iÙku U;kl

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

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

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[lañ ,y&35011@01@2012&vkbZvkj ¼ch&II½]

jfo dqekj] MsLd vf/kdkjh

New Delhi, the 7th May, 2015

S.O. 1009.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 14/2013) of

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

Ernakulam as shown in the Annexure, in the industrial

dispute between the management of Cochin Port Trust

and their workmen, received by the Central Government on

07/05/2015.

[No. L-35011/01/2012-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

ERNAKULAM

Present: Shri D. Sreevallabhan, B.Sc., LL.B,

Presiding Officer

(Wednesday the 25th day of March, 2015/04th

Chaitra, 1937)

ID 14/2013

Union

: The General Secretary

Cochin Port Trust Staff Association

Wellington Island

Cochin-682009

Additional Parties : 1. Smt. Bhasini

W/o Late Samikutty Nandanam

Chembakaserry Parambu

Nedungadu Nayarambalam PO

Pin-682509

2. Smt. C.S. Nisamol

W/o Shri Aneesh KV Narikolly,

Ambalamula PO

Presently residing at Nandanam

Chembakaserry Parambu

Nedungadu

Nayarambalam PO, Pin-682509

(Union and Addl. Parties 1 & 2- By M/s. A. V. Xavier)

Management

: The Chairman

Cochin Port Trust

W/Island, Cochin, COCHIN

By M/s B S Krishnan Associates

This case coming up for final hearing on 18.03.2015

and this Tribunal-cum-Labour Court on 25.03.2015 passed

the following:

AWARD

In exercise of the powers conferred by clause (d) of

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

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

Government/Ministry of Labour vide its Order No.-L-35011/

01/2012-IR(B-II) dated 04.02.2013 referred the industrial

dispute scheduled thereunder for adjudication to this

tribunal.

2. The dispute is:

'Whether the action of the management of Cochin

Port Trust in not considering the grievance of

Shri C. Smaykutty for pay equivalent to the pay of

his junior is justified? What relief he is entitled to?'

3. On receipt of summons the union and the

management entered appearance and submitted their

respective pleadings. During the pendency of the

proceedings the workman died and his legal representatives

were impleaded at the instance of the union as additional

parties 1 and 2 vide order dated 18.02.2015 on IA 33/2015.

4. After submission of pleadings by both parties the

ID was posted in the Lok Adalath for an amicable settlement.

It was settled between the parties and a compromise petition

was jointly filed by the union and the management along

with the legal heirs of the deceased workman. As there is

nothing illegal in accepting the compromise an award is

passed in terms of the compromise which will form part of

the award.

The award will come into force one month after its

publication in the Official Gazette.

Dictated to the Personal Assistant, transcribed and

typed by her, corrected and passed by me on this the 25th

day of March, 2015.

D. SREEVALLABHAN, Presiding Officer

APPENDIX-NIL

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, ERNAKULAM

ID No. 14 of 2013

The General Secretary,

Cochin Port Staff Association

Wellington Island, Cochin-682009

...Petitioner/Union

Vs

The Chairman, Cochin Port Trust,

Wellington Island, Cochin-682009

...Management

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2185

The matter was taken up in Lok Adalath and the

parties agreed to settle the dispute on the following terms.

1. The management agrees to pay the difference of

Rs. 410/- in the family pension, by notionally equalizing

the pay with that of Shri P.V. Babu, by revising the Family

Pension of (late) Shri. Samikutty, at Rs. 17,845/- (Rupees

Seventeen thousand eight hundred and forty five only)

within one month from the date of publication of this award.

2. The management agrees to pay the said difference

of Rs. 410/- from the date of his death.

3. Smt. Bhasin, w/o late Shri Samikutty and Smt. C. S.

Nisamol, D/o late Shri Samikutty, who are the only legal

heirs of late shri Samikutty and the Union and agrees that

they are fully satisifed with the terms and conditions of

this settlement and shall not make any further claim with

respect to the above dispute and shall not make any claim

for back arrears with respect to the arrears of salary of

(late) Shri Samikutty, due to pay equilization.

4. All the parties hereby agree to pass an award in

the above dispute, in terms of this settlement.

Dated this the 11th day of March, 2015

Union: Sd/-

Management: Sd/-

Counsel for the union: Sd/-

Counsel for the

Management: Sd/-

Smt. Bhasini Sd/-

(Additional Claimant No. 1)

Smt. C.S. Nisamil Sd/-

Counsel for Additional

(Addtional claiment No. 2)

Claiment Nos. 1 and 2: Sd/-

Sd/-

Mediator

ubZ fnYyh] 7 ebZ] 2015

dk-vk- 1010-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj bafM;u vksojflt

cSad 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; v:ukdqye ds iapkV ¼lanHkZ lañ 2@2011½

izdkf'kr djrh gS tks dsUnzh; ljdkj dks 07-05-2015 dks izkIr gqvk

FkkA

[lañ ,y&12012@58@2010&vkbZvkj ¼ch&II½]

jfo dqekj] MsLd vf/kdkjh

New Delhi, the 7th May, 2015

S.O. 1010.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 2/2011) of the

Cent. Govt. Indus. Tribunal-cum-Labour Court, Ernakulam as

shown in the Annexure, in the industrial dispute between the

management of Indian Overseas Bank and their workmen,

received by the Central Government on 07/05/2015.

[No. L-12012/58/2010-IR(B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

ERNAKULAM

Present:

Shri D. Sreevallabhan, B.Sc., LL.B, Presiding

Officer

(Thursday the 28th day of August, 2014/06th

Bhadrapada, 1936)

ID 2/2011

Workman

: Shri M Shajeevan

S/o Bhaskaran

Puthuvayalil House.

Post West Hill, CALICUT-5

By Adv. Shri C. Anil Kumar

Management

: The Regional Manager

Indian Overseas Bank

Cherootty Road

CALICUT-673001

By Adv. Shri George Varghese

This case coming up for final hearing on 20.08.2014

and this Tribunal-cum-Labour Court on 28.08.2014 passed

the following:

AWARD

In exercise of the powers conferred by clause (d)

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

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

Government/Ministry of Labour vide its Order No.-L-12012/

58/2010-IR(B-II) dated 09.12.2010 referred the industrial

dispute scheduled thereunder for adjudication to this

tribunal.

2. The dispute is:

"Whether the action of the management of Indian

Overseas Bank in not regularizing the services of

Shri M. Shajeevan in the post of and his subsequent

termination from its services 26.12.2008 without

complying with the provision of ID Act is fair and

justifiable, what relief is he entitled?"

3. The allegations in the claim statement filed by the

workman, in brief, are that the workman joined the services

of the management bank as a temporary messenger/sub-

staff on 28.5.1996 in its Calicut branch and afterwards he

was assigned with that work in the Mavoor Road branch,

Chevayoor branch and in the Regional Office at Calicut.

He was paid daily wages after obtaining vouchers from

him. He was called for an interview conducted for filling up

2186

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

the vacancies for messenger/sub-staff available in the

different branches of the management bank. It was held on

13.08.2008 at the Regional Office of the management bank

at Calicut. He was continuing in service after the interview

awaiting the result. In the meanwhile he had submitted a

representation to the management on 30.10.2008 with the

request for regularisation of his service. After the receipt

of the representation his service was orally terminated w.e.f.

26.12.2008. He was having continuous service of 240 days

in the year of his termination. The termination was effected

by the management without complying with the

requirements under Section 25F of the Industrial Disputes

Act. At that time there were existing vacancies in various

branches and in the Regional Office. Person who were

junior to him were retained in service. He was fully qualified

to hold the post of messenger and was having sufficient

experience. Even then his service was terminated without

any justifiable reason violating the mandatory provisions

of the Industrual Disputes Act. Hence he is entitled for

reinstatement with back wages and other consequential

benefits.

4. The contentions put forward in the written

statement filed by the management are that the workman

was not an employee in the rolls of the management and he

is not entitled to make the claims. The allegation that he

had joined services of the management bank as a temporary

messenger/sub-staff on 28.05.1996 and worked at various

branches of the bank is baseless and incorrect. He was

utilized for attending coolie work and was paid daily wages

for the work through vouchers. He was called for interview

but was found not suitable in the selection process. He

was not continuing in service after the interview as alleged

by him. There was no question of termination of his service

as he was not in the service of the bank. No representation

for regularisation of service was submitted by him on

30.10.2008. Merely for the reason that an employee worked

for 240 days or more on daily wage basis he cannot claim

regularisation of service as a matter of right. There must be

need for retention of the employee according to the

requirement of work. The workman was not having service

or experience. The workman was engaged in some of the

branches of the bank in the Kozhikode region as a coolie

for cleaning the premises, shifting of all records, packing

and loading of stationary etc. along with other coolies

intermittently and was being paid daily on voucher. He

was not engaged in any permanent vacancy or regular

work. He was not in the rolls of the bank and was not

signing attendance register. There is no question of

termination of his employment in violation of mandatory

provisions of the Industrial Disputes Act, 1947 as the

engagement of a daily wager comes to an end on every

day. Since the vacancies were filled up through selection

process the workman was not engaged in the miscellaneous

works. If he is allowed to enter the services of the bank for

the reason that he had worked in the branches on adhoc

basis it would amount to back door entry into the bank's

services. Hence the dispute is devoid of merits and is liable

to be dismissed.

5. Workman filed rejoinder denying the contentions

in the written statement and reaffirming the allegations in

the claim statement.

6. For the purpose of deciding this case evidence,

both oral and documentary, was adduced from either side.

For the workman he was examined as WW1 and Exts. W1

to W6 were got marked. From the side of the management

one witness was examined as MW1 and Exts. M1 to M4

were got marked. After closing the evidence the arguments

for both sides were heard.

7. The points for determination are:

(i) Whether the workmean in this case comes within

the purview of the definition of Section 2(s) of the

Industrial Disputes Act?

(ii) Whether termination of his service is to be in

accordance with Section 25F of the ID Act?

(iii) Whether the action of the management is not

regularizing the services of the workman and the

subsequent termination from service on 20.06.2008

is fair and justifiable?

(iv) To what relief he is entitled to?

8. Point No. (i):- It is the case of the workman that he

was working as a temporary messenger/sub-staff in the

various braches and the Regional Office of the management

bank at Calicut from 28.05.1996 onwards. After denying it

management would contend that he was engaged only as

a coolie on daily wage basis along with other coolies and

he was not enegaged in any permanent vacancy or for any

regular work. There is absolutely no evidence in this case

except the interested testimony of WW1 to prove that he

was working as a temporary messenger/sub-staff in the

management bank.

9. There is no order appointing him as messenger/

sub-staff. WW1 has stated that he was appointed orally

by the management. Exts. M1, M2 and M4 will go to show

that he was paid coolie charges for the days he attended

work. Even if it be said that he had attended the duties of a

messenger/sub-staff then also it cannot be said that it was

for a particular period on temporary basis. From Ext. W3

and Ext. M3 it can be seen that he was not regularly engaged

by the management bank. But it can very well be held that

he was engaged as a casual labour by the management

bank on daily wage basis. A casual labourer will also come

within the purview of the definition of workman under

Section 2(s) of the Industrial Disputes Act. Hence it can be

held that he is a workman coming within the definition of

workman under the Industrial Disputes Act.

10. Point No. (ii):- Now it is to be considered whether

it is nessesary to comply with the procedural requirements

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2187

under Section 25F of the Industrial Disputes Act for

termination of his service. As far as a casual labourer is

concerned it is incumbent upon him to prove that he had

worked for 240 days during the proceding 12 months of his

termination from service.

11. In the decision reported in Surendranagar District

Panchayat Vs. Dahyabhai Amarsinh (2005) 8 SCC 750 it

was held that the onus to prove the requirement of 240

days of continuous service lies on the workman and it is

for him to adduce evidence apart from examining himself or

filing an affidavitg to prove the said factum.

12. In this case there is no reliable evidence to prove

that he had worked for 240 days within a period of 12 months

prior to the date of termination. The date of termination is

stated to be on 26.12.2008. The workman has to prove that

he had worked for 240 days during the period of 12 months

prior to 26.12.2008. The details of the engagement during

the period from October, 2007 to October, 2008 was marked

as Ext. M3. The details of engagement during that period

furnished to the workman was marked as Ext W3. In both

those documents the number of days he had worked during

October, 2007 to October, 2008 is given as 240 days. But as

the termination was on 26.12.2008 the number of days is to

be counted from the 12 months proceding the date of

terminatin. The number of days he had worked in the month

of November, 2008 is shown to be two days and in the

month of December, 2008 to be seven days in Ext. M4. The

number of days during the 12 months proceding the date

of termination will not come to 240 days if it will be

calculated on the basis of Exts. W3, M3 and M4. Workman

has stated during his cross examination that he was engaged

only for 3 to 5 days in a month and he was receiving the

wages after issuing voucher. There was no regular

engagement during the period of one year prior to the date

of termination. There is no satisfactory evidence to prove

that he was having a continuous service of 240 days the 12

months prior to the date of termination. There is no

necessity to comply with the requirements under Section

25F of the Industrial Disputes Act for termination of his

service. Hence it can be hald that the termination of his

service does not require the compliance of the requirements

under Section 25F of the ID Act.

13. Point No. (iii):- As it is found that the workman

was engaged only as a casual labourer and was not having

continuous service of 240 days in a year he is not entitled

to make the claim for regularisation and does not require

the compliance of the provisions of the ID Act for the

termination. Hence the action of the management is not

regularizing his service and his subsequent termination

w.e.f 26.12.2008 is fair and justifiable.

14. Point No. (iv):- In the result an award is passed

holding that the action of the management bank in not

regularizing the services of the workman and his termination

from service on 26.12.2008 without complying with the

provisions of the ID Act is fair and justifiable. Hence he is

not entitled to any relief.

The award will come into force one month after its

publication in the Official Gazette.

Dictated to the Personal Assistant, transcribed and

typed by her, corrected and passed by me on this the 28th

day of August, 2014.

D. SREEVALLABHAN, Presiding Officer

APPENDIX

Witness for the workman

WW1 24.10.2013

Shri M. Shajeevan

Wintness for the management

MW1 05.05.2014

Shri K. Rajiv

Exhibits for the workman

W1

-

Copy of letter dated 30.10.2008 addressed to the

Assistant General Manager P & D, 10B, Central

Office, Chennai by the workman

W2

-

Copy of letter dated 27.12.2008 addressed to the

Assistant Labour Commissioner (Central),

Kakkanad, Kochi by the workman

W3

-

Details of engaement of the workman at the

Regional Office, Indian Overseas Bank,

Kozhikode

W4

-

Acknowledgement card addressed to the

Assistant General Manager P & D, Indian

Overseas Bank, Central Office, Chennai

W5

-

Copy of letter dated 03.09.2002 addressed to the

Assistant General Manager (PAD), Indian

Overseas Bank, Central Office, Chennai by the

workman

W6

-

Copy of the forwarding letter dated 05.09.2002

addressed to the Manager/Chief Manager by the

Senior Manager, Indian Overseas Bank,

Kozhikode Branch

Exhibits for the management

W1

-

Copy of Voucher dated 09.09.2008 as to the

payment of ` 1,650/- to the workman by the

management bank

W2

-

Copy of Voucher dated 09.09.2008 as to the

payment of ` 450/- to the workman by the

management bank

W3

-

Details of engagement of the workman in the

management bank dated 18.07.2012

W4

-

Copy of statement showing payment of coolie

charges from November, 2008 to December, 2008

to the workman by the management bank.

2188

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

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New Delhi, the 7th May, 2015

S.O. 1011.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. 280/2006) of

the Central Government Industrial Tribunal-Cum-Labour Court

Ernakulam as shown in the Annexure in the Industrial Dispute

between the management of the LIC of India and their

workman, received by the Central Government on 07/05/2015.

[No. L-17012/45/96-IR(B-II]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

ERNAKULAM

Present: Shri D. Sreevallabhan, B.Sc., LL.B,

Presiding Officer

(Wednesday the 27th day of August, 2014/

5th Bhadrapada, 1936)

ID 280/2006

Workman

: Shri Sajimon T.T. (died)

Thandel House

W. Kodikulam (PO)

Thodupuzha-685582

Additional 2nd workman

: Smt. Jeeja Sajimon

W/o late Sajimon T.T.

Thandel House

West Kodikulam PO

Thodupuzha

Additional 3rd workman

: Master Vaisakhan T.S.

(Minor)

S/o Late Sajimon T.T.

Thandel House

West Kodikulam PO

Thodupuzha

Additional 4th workman

: Ms Vaisali TS

(Minor)

D/o late Sajimon TT

Thandel House

West Kodikulam PO

Thodopuzha

Additional 5th workman

: Smt. Bharathi Thankappan

W/o Shri Thankappan

Thandel House

West Kodikulam PO

Thodupuzha

Additional 6th workman

: Shri Thankappan TM

S/o Mundan

Thandel House

West Kodikulam PO

Thodupuzha

(Additional workmen 2 to

6 were impleaded as legal

heirs of the deceased

workman)

By Adv. Shri C. Anil Kumar

Management

: The Divisional Manager

LIC of India

Divisional Office

PB No. 1133, MG Road

Ernakulam

Cochin-682011

By M/s. A.V. Xavier

This case coming up for final hearing on 13.08.2014

and this Tribunal-cum-Labour Court on 27.08.2014 passed

the following:

AWARD

In exercise of the powers conferred by clause (d) of

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

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

Government/Ministry of Labour by its Order No.-L-17012/

45/96/IR (B-II) dated 29.08.1997 had referred the industrial

dispute scheduled thereunder for adjudication to the Labour

Court, Cochin. There it was numbered as ID 24/1997(C) of

the Labour Court, Ernakulam. Later after formation of this

Tribunal it was transferred to this Tribunal as per Order

dated 24.01.2006 in WP(C) No. 1069/2006 of the Hon'ble

High Court of Kerala. After receipt of the records in this

tribunal from the Labour Court, Ernakulam, the case was

renumbered as ID 280/2006 of this tribunal.

2. The dispute referred for adjudication is:

"Whether the action of the management of LIC of

India, Muvattupuzha branch in dismissing the

services of Shri Sajimon TT w.e.f. 1.8.94 is legel and

justified? if not, to what relief the said workman is

entitled?"

3. After submission of the pleadings the validity of

the enquiry was considered by the Labour Court, Ernakulam

treating it as a preliminary issue. The enquiry was set aside

as per its order dated 15.02.2006. Challenging that order

management filed WP (C) No. 17083/2007(H) before the

Hon'ble High Court of Kerala, Ernakulam. It was dismissed

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2189

vide order dated 01.08.2013. After producing the certified

copy of that order IA No. 54/2013 was filed to implead the

wife of the deceased workman as his legal heir. It was allowed

as per order dated 18.03.2014 and she was impleaded as

additional second workman. Subsequently his two minor

children being his legal heirs were allowed to be impleaded

as additional workmen Nos. 3 and 4 as per order dated

18.03.2014 on IA 33/2014. Afterwards the mother and father

of the deceased workman were also impleaded as his legal

heirs as per order dated 13.08.2014 on IA 116/2014.

4. As per the request made by the learned counsel

for both sides the case was posted in the Lok Adalat. There

was a full and final settlement between the parties and a

compromise petition was filed. In the compromise additional

workman 2 to 6 in the ID were arrayed as legal heirs 1 to 5

and the management as the counter petitioner. As per the

compromise the management agreed to pay a sum of Rs.

32,03,305/- as back wages due to the deceased workman to

legel heirs 1 to 4 (additional Workmen 2 to 5 in the ID) in

equal shares subject to deduction of income tax and the

gratuity amount of Rs. 8,34,462/- to legal heir No. 5

(additional Workman No. 6) being the nominee. The share

due to each of the two minor children arrayed as legal heir

Nos. 2 and 3 in the compromise petition and additional

workmen 3 & 4 in the ID is agreed to be deposited in Fixed

Deposit in a nationalized bank by the management until

they will attain the age of maturity and to hand over the

fixed deposit receipts to their mother, the 1st legal heir

(additional 2nd workman).

5. As there is nothing illegal which affects the validity

of the compromise the same is accepted. Hence this ID is

disposed of in terms of the compromise which will form

part of this award.

The award will come into force one month after its

publication in the Official Gazette.

Dictated to the personal Assistant, transcribed and

typed by her, corrected and passed by me on this the 27th

day of August, 2014.

D. SREEVALLABHAN, Presiding Officer

APPENDIX -NIL

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, ERNAKULAM

I.D. No. 280/2006

TT Sajimon (Died)

:

Workman

(1)

Jeeja Sajimon, W/o Late T T Sajimon,

Thandel House, West Kodikulam, Thodupuzh

(2)

Vaisakhan T S, S/o Late T T Sajimon,

-do-

Legal Heirs of deceased arrayed as additional

(3)

Vaisali T S, D/o Late TT Sajimon,

-do-

workers 2 to 6.

(4)

Bharathi W/o Thankappan,

(Mother of Late Sajimon T T)

-do-

(5)

Thankappan T M, S/o Mundan,

(F/o Late Sajimon T.T.)

-do-

Vs

Life Insurance Corporation of India

:

Management

The matter was taken up in Lok Adalat and the

parties agreed to settle the dispute on the following

terms:—

1. In the discussion, the 5th among the above 5 legal

heirs (Thankappan F/o Sajimon. T.T. of the deceased

workman) agreed to accept Rs. 8,34,462/- the gratuity

amount being the nominee of Shri Sajimon. T.T.

2. The Management agrees to pay a sum of Rs.

32,03,305/- (Rupees Thirty two lakh Three Thousand Three

Hundred and Five only) towards back wages to the 1 to 4

legal heirs of the workman from the date of dismissal to the

date of his death i.e. 07.03.2013 tobe paid to the 1 to 4 legal

heair of Sajimon T.T. subject to deduction of Income Tax at

the rate applicable at the time of release of amount. The

amount of Rs. 800826/- (1/4th share of Rs. 32,03,305/-)

subject to deduction of income Tax applicable will be paid

to the 1 to 4 legal heirs of deceased Sajimon T.T.

Smt. Jeeja Sajimon shall give valid discharge for

herself and on behalf of her children for receiving their

share Rs. 800826/- each and Rs. 800827/- shall be paid to

Smt. Bharathi Thankappan (Mother) separately after getting

valid discharge.

3. The amount pertaining to minor children of Late

Sajimon T.T. has to be managed by Smt. Jeeja Sajimon,

being the Natural Guardian till they attain the age of

maturity and the Management is not responsible for

2190

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

managing the amount pertaining to the minor children. The

amount due to the minors will be deposited in fixed deposit

in a nationalized bank by the management until they will

attain the age of maturity and the fixed deposit receipts will

be handed over to their mother, the additional 2nd workman

(1st legal heir).

4. The amounts will be payable by the Management

as shown above, upon production of Legal Heirship

Certificate of Sajimon T.T. from a Competent Authority.

5. Upon payment of the agreed amount of backwages

among the 1 to 4 legal of Sajimon T.T., and gratuity to

Shri Thankkapan being the nominee for receiving the

gratuity, they will not have any further monetary claim or

claim for Compassionate appointment against the

management in connection with the employment of

Sajimon T.T. with Life Insurance Corporation of India.

6. The legal heirs of Sajimon T.T., 1 to 5 have agreed

to accept Rs. 32,03,305/- towards back wages subject to

deduction of Income Tax applicable and Rs. 834462/-

towards Gratuity in full and final settlement of all their claims

against the Management in connection with employment

of Sajimon T.T.with Life Insurance Corporation of India

and has agreed to close I.D. No. 280/2006 pending before

CGIT-cum-Labour Court, Ernakulam as settled.

7. Management agrees to hand over the TDS

Certificate to the 1 to 4 legal heirs with liberty to get refund

of it as per the provisions of the Income Tax Act.

Dated this the 13th day of August 2014

Legal Heirs of the deceased Workmen Management: Sd/-

(1) Jeeja Sajimon

Sd/-

(2) Vaisakhan TS (Minor)

Sd/-

(3) Vaisali TS (Minor)

Sd/-

(4) Bharathi Thankappan

Sd/-

(5) Thankappan TM

Sd/-

Counsel for Workman/Legal Heirs: Sd/-

Counsel of Management: Sd/-

Sd/-

Mediator

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New Delhi, the 7th May, 2015

S.O. 1012.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. 10/98) of the

Central Government Industrial Tribunal-Cum-Labour Court,

Jabalpur as shown in the Annexure in the Industrial Dispute

between the management of Dena Bank and their workman,

received by the Central Government on 05/05/2015.

[No. L-12012/181/97-IR(B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/10/98

Indian National Bank Employees Federation,

9, Sanwer Road,

Hardev Niwas,

Ujjain

...Workman/Union

Versus

Asstt. General Manager,

Dena Bank, Zonal Office,

107, Berasia Road,

Bhopal

...Management

AWARD

Passed on this 22nd day of April 2015

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

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

received. The reference is made to this Tribuanl under

Section-10 of I.D. Act, 1947 as per Notification No. L-12012/

181/97/IR(B-II). The dispute under reference relates to:

"Whether the action of the management of Dena

Bank in terminating the services of Shri Om Prakash

Suman Lal Agarwal w.e.f. 29-6-96 is legal and justified?

If not, to what relief the said workman is entitled?"

2. After receiving reference, notices were issued to

the parties. Ist party workman submitted statement of claim

through General Secretary, Daily Wages Bank Employees

Union Ujjain at Page 2/1 to 2/4. Case of Ist party is that he

was engaged on 8.9.87 for sweeping, cleaning, dusting

work in Navlakha branch, Indore. He was continuously

working till 29-6-96. His working days are shown in para-7

of statement of claim. That he completed 290 days in 1992-

93. Though he completed 240 days continous service,

bonus was not paid to him. His services were terminated

without notice, 3 months pay was not paid before

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2191

termination. He is emplyee as defined under Section 25 B

of ID Act. While IInd party has violated Section 33 of ID

Act terminating his services during pendency of

conciliation proceedings. On such contentions, workmen

is praying for reinstatement with back wages.

3. IInd party filed Written statement at Page 6/1 to

6/5 opposing claim of workman. IInd party denies workman

was continuously working from 8-9-87 and he was working

from 10.30 to 6 PM in the Navlakha branch. It is denied that

workman completed 240 days continuous services.

Workman was engaged temporarily as per exigency of work.

Workman was not continuously working as contented by

him. Workman is not covered under Section 25 B of ID Act.

It is denied that services of workman are terminated in

violation of Section 25-F Para 507, 524 of Sastry Award.

Section 25-G, N are not applicable to the workman. It is

denied that workman was denied reemployment and

thereby IInd party violated Section 25-H of ID Act. The

claim of workman for bonus is not tenable under Section 41

of Payment of Bonus Act. It is submitted that workman is

not entitled to any relief.

4. Workman filed rejoinder at Page 7/1 to 7/6

reiterating his contentions in statement of claim.

5. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

(i) Whether the action of

In Affirmative

the management of

Dena Bank in terminating

the services of

Shri Om Prakash Suman

Lal Agarwal w.e.f. 29-6-96

is legal and justified?

(ii) If not, what relief the

Workman is not

workman is entitled to?"

entitled to any relief.

REASONS

6. Workman is challenging termination of his service

for violation of Section 25-F, G,N of ID Act. In support of

his claim, workman filed affidavit of his evidence. Workman

has stated that he was engaged for cleaning, sweeping

work from 8-9-87. He was working under different Branch

Managers. As per letter dated 11-8-93, IInd party had

submitted information in the matter of regularization of his

service. The working days of workman are shown in Para-5

of his affidavit. Only in the year 1992, working days are

shown 290. During rest of the year, 1987 to 1991 and 1993

working days are shown less than 240 days. In his cross-

examination, workman says he was working as peon.

Appointment letter was not issued to him, any post not

advertised. His name was not sponsored through

Employment Exchange. He was not interviewed. Payment

vouchers where given to him. Payment was made weekly.

He was unable to tell his working days in any of the year.

He did not remember in whose name payment vouchers

were prepared. That his sign was obtained on payment

vouchers. Workman claimed ignorance what documents

about his service were with IInd party.

7. Despite repeated chances were granted, IInd party

did not adduce any evidence. Workman has not examined

any co-employee. Document are not proved to

substantiate his claim. The evidence of workman cannot

established that workman was continuously working for

240 days, 12 months before termination of his services.

Therefore termination of service of workman in violation of

Section 25-F of ID Act cannot be established. For above

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

8. In the result, award is passed as under:—

(1) The action of the management of Dena Bank in

terminating the services of Shri Om Prakash Suman

Lal Agarwal w.e.f. 29-6-96 is proper and legal.

(2) Workman is not entitled to any relief.

R.B. PATLE, Presiding Officer

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New Delhi, the 7th May, 2015

S.O. 1013.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 105/08) of

the Central Government Tribunal-Cum-Labour Court,

Jabalpur as shown in the Annexure in the industrial dispute

between the management of the United India Insurance

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

Government on 05/05/2015.

[No. L-16014/5/2008-IR(B-II)]

RAVI KUMAR, Desk Officer

2192

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/105/08

Shri Prem Chand Raikwar,

S/o Shri Ganeshram Raikwar,

R/o SAIT College Quarter,

Durga Nagar, Vidisha

... Workman

Versus

Manager,

United India Insurance Co. Ltd.,

Branch office Vidisha,

Ward No. 14, Guru Nanak Colony,

Vidisha

... Management

AWARD

Passed on this 30th day of March, 2015

1. As per letter dated 30-9-2008 by the Government

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

received. The reference is made to this Tribunal under

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

16014/5/2008-IR(B-II). The dispute under reference relates

to:

"Whether the action of the Management of United

India Insurance Co. Ltd. Vidisha Branch in terminating

the services of Shri Prem Chand Raikwar w.e.f.

16-5-89 is legal and justified? What relief the the

concerned workman is entitled to?"

2. After receiving reference, notices were issued to

the parties. Ist party workman submitted statement of claim

on 27-5-2010. Case of workman is that he was engaged on

daily wages from 8-5-88 in Vidisha branch of IInd party.

That workman performed his duty with honesty. His service

record was unblemished. That workman was engaged by

management to perform duty of Group D employee. He

was working from 10.30 to 5 PM every day. Workman was

initially paid Rs. 8/- per day. Wages were increased to

Rs. 15/- per day. Workman was continuously working till

15-5-89. Instead of regularizing his services, IInd party

terminated his services without assigning reasons. That

he completed more than 240 days continuous service. His

discontinuation from service amounts to illegal

retrenchment as IInd party had not complied Section 25-F

of ID Act. He was not served with notice, retrenchment

compensation was not paid to workman on such ground,

workman prays for his reinstatement with backwages.

3. IInd party filed Written Statement opposing claim

of workman. It is submitted that IInd party is subsidiary

of General Insurance Corporation of India and is

established as limited company registered under Companies

Act 1956. Head office of IInd party is at Chennai. Branch of

IInd party is at Bhopal & Vidisha in Madhya Pradesh. That

workman was employed on casual basis for 2 hours before

closing of the branch total 4 hours per day intermittently.

Workman was paid wages Rs. 8/- per day from 18-10-88,

wages were increased to Rs. 15/- per day. Workman had

not completed 240 days continuous service under Section

25 B of ID Act. IInd party has not appointed workman

following recruitment policy. The post was not advertised,

his name was not sponsored through Employment

Exchange. Workman has completed 212 days work. It is

reiterated that workman is not entitled to protection of

Section 25-F of ID Act. Violation of section 25-F, G and ID

Act is denied. IInd party prays for rejection of claim.

4. Rejoinder is filed by workman reiterating his

contentions in statement of claim.

5. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

(i) Whether the action of

In Affirmative

the management of

United India Insurance

Co. Ltd. Vidisha Branch

in terminating the services

of Shri Prem Chand Raikwar

w.e.f. 16-5-89 is legal and

justified?

(ii) If not, what relief the

Workman is not

workman is entitled to?"

entitled to any relief.

REASONS

6. Workman has challenged termination of his service

for violation of Section 25-F, G of ID Act. He also contends

that he completed more than 240 days continuous service

as per Section 25 B of ID Act. All material contentions are

denied by IInd party. Workman failed to participate in

reference. No evidence is adduced by workman. His

evidence is closed on 20-6-2014.

7. Document produced by workman is admitted by

management and marked Exhibit W-1. IInd party has

admitted 212 days working of Ist party workman.

8. Affidavit of evidence supporting contentions of

IInd party is filed by witness Shri Rakesh Dixit.

Management's witness in his cross denied that workman

had completed 240 days cotinuous service rather the

affidavit of management's witness para-6 shows that

workman had not completed 240 days working as casual

mazdoor.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2193

9. As workman has failed to participate in reference,

there is no evidence that he completed 240 days continuous

service. There is no evidence that workman was entitled to

Government Holidays. In absence of such evidence, the

discontinuation of workman cannot be said illegal.

Therefore I record my finding in Point No. 1 in Affirmative.

10. In the result, award is passed as under:—

(1) The action of the management of United India

Insurance Co. Ltd. Vidisha Branch in terminating

the services of Shri Prem Chand Raikwar w.e.f.

16-5-89 is proper and legal.

(2) Workman is not entitled to any relief.

R. B. PATLE, Presiding Officer

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New Delhi, the 7th May, 2015

S.O. 1014.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 70/98) of the

Central Government Tribunal-Cum-Labour Court, Jabalpur

as shown in the Annexure in the industrial Dispute between

the management of the UCO Bank and their workman,

received by the Central Government on 05/05/2015.

[No. L-12012/292/97-IR(B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL CUM LABOUR COURT,

JABALPUR

No. CGIT/LC/R/70/98

Shri Kamlesh Rao,

S/o Shri Chironji Lal, Guna,

Kamla Travels, AB Road,

Guna (MP)

... Workman

Versus

Zonal Manager,

UCO Bank, Zonal Office,

E-5, Arera Colony,

Bhopal (MP)

... Management

AWARD

Passed on this 31st day of March, 2015

1. As per letter dated 21-4-98 by the Government of

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

received. The reference is made to this Tribunal under

Section - 10 of I.D. Act, 1947 as per Notification

No. L-12012/292/97-IR(B-II). The dispute under reference

relates to:

"Whether the action of the Management of United

Commercial Bank in terminating the service of

Shri Kamlesh Rao, S/o Chironjilal w.e.f. 26-12-90 is

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

workman is entitled?"

2. After receiving reference, notices were issued to

the parties. Initially workman was proceeded exparte and

management submitted exparte Written Statement and

evidence exparte order was set aside. Then workman

submitted statement of claim. Case of Ist party is that he

belongs to backward caste. His educational qualification

is middle school pass. Workman holds registration in

employment exchange Guna bearing No. 2116/85 02-10. He

submits that he was engaged as peon on daily wages from

28-8-89 through Employment Exchange. He worked with

IInd party with honesty. His services were illegally

terminated on 26-12-90. That he completed 240 days

continuous service. His services were terminated without

issuing notice or paying retrenchment compensation. He

was appointed through Employment Exchange. He was

orally terminated. He was given assurance that he will be

permitted to work after few days. The application submitted

to IInd party were not replied. Management kept him waiting

for long time from 1990 to 1997. In reply to legal notice and

reply that he will not be re-employed. That as per statement,

the employees working for 240 days during period of

3 years are entitled for regularization. On such ground,

workman prays for reinstatement with back wages.

IInd party filed Written Statement opposing claim of

workman. IInd party raised preliminary objection that

workman was not employed as per policy and procedure.

There was no notification of vacancies for post of peon.

Name of workman was not sponsored through Employment

Exchange. Ist party workman was never selected by the

Board. He was engaged purely on pick and choose on

daily wage basis. There is no employer employee

relationship. Workman is not covered under Section 2(s)

of ID Act. It is denied that name of workman was registered

in Bank. It is denied that workman continuously worked

from 28-8-89 to 26-9-90. It is denied that workman completed

more than 240 days continuous service. That the provisions

of ID Act are not violated. Claim of workman is not

supported by any documents. Workman is not entitled for

absorption as per notification dated 19-10-89.

4. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

2194

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

My findings are recorded against each of them for the

reasons as below:—

(i) Whether the action of the

In Negative

management of

United Commercial Bank

in terminating the services

of Shri Kamlesh Rao,

S/o Chironjilal w.e.f. 26-12-90

is legal and justified?

(ii) If not, what relief the

As per final order.

workman is entitled to?"

REASONS

5. Workman has challenged termination of his service

for violation of Section 25-F, G of ID Act. That he was not

issued notice, retrenchment compensation was not paid

before termination of his service. Ist party produced

documents Exhibit W-1 & W-2-Copy of marksheet and

caste certificate. Exhibit W-3 is notice issued to Bank

Authorities. W-4 is reply given to workman. W-5 is copy of

reply filed before ALC, W-6 is copy of Circular dated

19-10-89. The claim of workman for regularization on the

ground of completing 240 days continuous service is not

covered by Notification Exhibit W-6. Para-2 of said

notification provides—

"Completion of 240 days or more without intimation

during period of 3 years immediately preceding the

settlement. Workman himself claims that he was

working with IInd party Bank from 28-8-89 to

26-12-90. Therefore he does not fulfil eligibility

criteria as per circular Exhibit W-6.

6. Workman in his affidavit of evidence has stated

that he was continuously working from 28-8-89 to

26-12-90. In his cross-examination, his evidence on the

point was not challenged. Management's witness Anup

Srivastava filed affidavit supporting contentions of IInd

party that workman is not entitled to absorption as per

circular dated 19-10-89. That workman had not completed

240 days continuous service. Workman could not be

considered for empanelment for which his name did not

appear in the seniority list of daily wage workers. In his

cross-examination, management witness says workman

was not engaged on daily wages in 1989. There was not

vacancy of peon, appointment letter is not issued to daily

wage employees. Exhibit M-1 circular was not amended.

Seniority list of daily wage employees was not prepared.

Management's witness explained that seniority list was

prepared as per the applications received. The details of

the work assigned to Ist party workman are not shown in

Written Statement filed by IInd party. The attendance

register of daily wage employees is not maintained. The

daily wage employees are paid wages under voucher

considering his working days. The vouchers relating to

payments made to workman are not produced. If evidence

of workman is appreciated in light of evidence of the

management's witness, it is clear that when evidence of

workman continuously working from 28-8-89 to 26-12-90 is

not challenged therefore I do not find any reason to reject

his evidence. Workman has established that he was

continuously working more than 240 days. His services

are terminated without notice, retrenchment compensation

was not paid to him. Exhibit M-2 produced by management

pertains to the empanelment of employees engaged on

daily wage basis. The evidence on record shows services

of Ist party are terminated in violation of Section 25-F of ID

Act.

7. Learned counsel for workman Shri Arun Patel on

the point of burden of proof relies on ratio held in case of

Director, Fisheries Terminal Division versus Bhikubhai

Meghajibhai Chavda reported in AIR 2010 SC-1236. Their

lordship held workman had on daily wages would have

difficulty in having access to all official documents, muster

rolls etc. in connection with his service. Burden of proof

shifts to employer to prove that he did not complete 240

days of service in requisite period to constitute continuous

service.

Learned counsel of IInd party Shri Bhattacharya

produced copies of award in R/157/01. The observation

made that workman failed to prove by cogent evidence. He

was illegally appointed following prescribed procedure.

Each case needs to be decided as per evidence adduced

by parties. The award passed in R/157/01 cannot be treated

binding president.

Next reliance is placed in ratio held incase of

Himanshu Kumar Vidyarthi versus State of Bihar reported

in 1997 SCC (L&S) 1079. I am aware that the ratio held inthe

case has been set-aside by subsequent judgements.

Learned counsel for IInd party further relied on ratio

held incase of Karur Vysya Bank Employees Union versus

M.P. Handrakantaraj Urs reported in 1988 LAB.I.C. 1746.

Their Lordship considering services of bank employees

failure of employee to prove that he worked for 240

continuous days in a year section 25-F is not attracted.

In present case, evidence discussed above is

sufficient to hold that Ist party workman has completed

240 days continuous service. The ratio cannot be applied.

For same reasons, ratio relied by learned counsel for IInd

party in case of Surendranagar District Panchayat versus

Dahyabhai Amar Singh reported in 2006-SCC (L&S) 38

cannot be applied to case at hand.

For reasons discussed above, I record my finding in

Point No. 1 in Negative.

8. Point No. 2—workman is not entitled for absorption

as per circular dated Exhibit W-1 as workman was not

working 3 years before the settlement. Workman has

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2195

completed 240 days continuous service long back. His

services are terminated in violation of Section 25-F of ID

Act. Considering the period of working of Ist party workman

for more than one year, compensation Rs. 40,000 would be

appropriate. Accordintly I record my finding in Point No. 2.

9. In the result, award is passed as under:—

(1) The action of the management of United

Commercial Bank in terminating the services of

Shri Kamlesh Rao, S/o Chironjilal w.e.f. 26-12-90

is not proper and legal.

(2) IInd party is directed to pay compensation Rs.

40,000 to workman within 30 days from the date of

publication of award.

In case of default, amount shall carry 9% interest per

annum from the date of award till its realization.

R.B. PATLE, Presiding Officer

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Je U;k;ky; tcyiqj ds iapkV ¼lanHkZ la[;k 157@03½ izdkf'kr

djrh gS tks dsnzhU; ljdkj dks 05@05@2015 dks izkIr gqvk FkkA

[la- ,y&12011@50@2003&vkbZ vkj¼ch&II½]

jfo dqekj] MsLd vf/kdkjh

New Delhi, the 7th May, 2015

S.O. 1015.—In pursuance of Section 17 of the

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

Government hereby publishes the award Ref. 157/03 of the

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

now as shown in the Annexure in the Industrial Dispute

betweeen the management of Bank of India and their

workman, which was received by the Central Government

on 05/05/2015.

[No. L-12011/50/2003-IR(B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL -CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/157/03

General Secretary,

Nationalised Bank Karmachari Sangathan,

hardev Niwas, 9, Sanwer Road,

Ujjain

...Workman/Union

Versus

Regional Manager,

Bank of India,

Zonal Office, 18, Sjanku Marg,

Freeganj,

Ujjain

... Management

AWARD

Passed on this 20th day of April 2015

1. As per letter dated 11-9-03 by the Government of

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

received. The reference is made to this Tribunal under

Section-10 of I.D. Act, 1947 as per Notification No.L-12011/

50/2003-IR(B-II). The dispute under reference relates to:

‘‘Whether the action of the management of Regional

Manager, Bank of India, Indore in not providing

appointment on compassionate ground to Shri

Sanjay Sarode S/o Late Shri Namdeo Rao Sarode is

justified? If not, what relief the workman is entitled

for?"

2. After receiving reference, notices were issued to

the parties. Ist party dependent submitted statement of

claim at page 8/1/ to 8/5. Case of Ist party workman is that

his father Namdev Rao was working in IInd party Bank

from 19-1-66 against permanent post of peon. His father

died on 26-10-97 while working at Rambagh branch Indore.

His father left widow Nirmala Bai, son Sanjay, Deepak and

Rajeev. That as per circular dated 25-9-97, Dependent

Employment Scheme has been introduced in the Bank. It is

further submitted that Ist party was looking after his two

brother and mother. On 13-5-99, he submitted representation

to General Manager claiming employment on

compassionate ground. Bank did not inform any decision

in the matter therefore he approached Union. The dispute

was raised before ALC which is referred for adjudication

by the Government. Ist party further submits that he had

also approached National Commission for SC, ST for

providing dependent employment to him. As per letter dated

28-6-01, the National Commission for association had

written letter for redressal in the matter. The claim of Ist

party for dependent employment was rejected by the Bank

as per letter dated 18-7-01 on the ground that last income

of the family was more than 60% of the income of the

deceased. In conciliation proceedings, IInd party did not

produce documents why income of family was found more

than 60% of income of the deceased. As per documents

produced in conciliation proceedings, the income of Rs.

171495.15 received towards gratuity, loan of Rs. 19528 was

adjusted, amount of Rs. 1,51,967.15 was paid. Interest of

Rs. 1266 was shown, pension of Rs. 1934 total income of

the family was shown Rs. 3200/-. Last pay of deceased was

shown 5031.-, its 60% was shown 3078.73. Ist party submits

that claim for dependent employment was not properly

considered. He prays direction to the IInd party for

providing compassionate employment.

2196

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

3. IInd party filed Written Statement at page 11/1 to

11/10 opposing claim of Union. IInd party did not dispute

father of Ist party was ex-employee. The objection is raised

that the Union was not operating with IInd party. Deceased

Namdev Rao was not member of the Union. Union has no

locus to raise the dispute. Ist party is not covered as

workman under Section 2(s) of ID Act. There is no employer

employee relationship. Compasionate appointment cannot

be claimed as of right. As per circular dated 29-5-97, the

scheme for dependent employment was introduced for

clerical and subordinate cadre. The revised scheme was

circulated on 17-3-99. The scheme came into force effect

from 13-1-99.

4. That Late Namdev was employer in the Bank. He

was posted in Rambagh branch. Late Namdev died on

20-10-97. The widow of deceased employee did not

approach for compassionate appointment. Ist party

claiming to be son of late Namdeo submitted application

for appointment. Considering circumstances and facts, the

claim of Ist party was not accepted. Said decision was

informed to Ist party as per letter dated 20-04-01. The basic

wages of deceased employee were Rs. 5131.23, DA-Rs.

2636.33, 60% of basic is shown 3078.73. It is reiterated that

family of deceased was paid Rs. 1,51,967.15, Rs. 1,80,000

on account of BSB. The widow had not approached for

compassionate appointment. The family is granted benefit

of appointment. The family is able to survive more than 5

years is itself indicative that compassionate appointment

is not required, the family can survive. In absence of

positive material to establish claim for dependent

employment cound not be accepted. The general rule is to

be followed strictly exception is in favour of dependents of

employee dying in harness, leaving family in penury without

any means of livelihood. IInd party referred to ratio held in

various cases.

5. IInd party denies that Ist party Sanjay had to look

after the family member of deceased. That management

had considered application for compassionate ground. As

per letter dated 20-4-01, Ist party was intimated. It is

submitted that Ist party is not entitled to dependent

employment under the scheme.

6. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

(i) ‘‘Whether the action of

In Negative

the managemenr of

Regional Manager,

Bank of India, Indore in

not providing appointment

on compassionate ground

to Shri Sanjay Sarode

S/o Late Shri Namdeo Rao

Sarode is justified?

(ii) If not, what releif the

As per final orders.

workman is entiteld?''

REASONS

7. IInd party has contented that Union has no locus

standi. The order of reference shows that dispute was raised

by General Secretary, Nationalised Bank Karmchari

Sangathan. The order of reference is not challenged. The

statement of claim is signed by Ist party as well as Union

representative Shri Ram Nagwanshi. Copy of death

certificate, copy of the scheme for compassionate

employment Exhibit W-1 are admitted by IInd party, copy

of application for compassionate appointment. The

application dated 13-5-99 reply submitted before ALC, letter

issued by National Commission for SC, ST, letter dated

18-7-01 issued by Asstt. General Manager, Bench Clerk is

directed to give separate exhibit of those documents. As

per letter dated 18-7-01, the National Commission for SC,

ST was informed that income of the family of deceased was

more than 60%. Compassionate Appointment could not

be allowed to Ist party. Copy of reply filed before ALC is

also admitted. The documents produced by workman copy

of failure report sent to Govt is admitted.

8. Ist party filed affidavit of his evidence supporting

his claim for employment on compassionate ground. In his

cross-examination, Ist party says he has two brothers and

one sister. His sister and one brother are married. His mother

resides at Indore along with his younger brother. He admits

receipt of Rs. 1,71,495 towards gratuity and amount of

Rs. 1,80,000 under GSIR.

9. Management's witness Shri Mahendra Singh in

his affidavit of evidence admits death of late Namdeo Rao

on 20-10-97. The widow did not approach management for

compassionate appointment. Ist party was informed

decision in the matter as per letter dated 20-4-01. That Bank

decided not to provide dependent employment. That one

of the family member widow of deceased did not ask for

employment. That daughter is married, two sons have

been married and well settled. In his cross-examination,

management's witness says he was not working in the

branch. He was unable to tell how amount of interest

received by widow was calculated. The documents admitted

by witness are marked Exhibit W-4 in the court. In Written

Statement of IInd party and affidavit of management'

witness DA Rs. 2536.33 is shown. However while calculating

60%, the DA was not considered. If total amount of pay is

considered, the same comes to Rs. 7667.56, the amount of

60% is wrongly calculated considering only basic pay of

the deceased. The copy of scheme produced Annexure A

does not exclude amount of DA from salary of deceased

employee for calculation of his income for dependent

employment. The evidence of management's witness is

silent about income of family members. It is surprise to say

that while rejecting claim of Ist party for dependent

employment, the amount of DA was excluded while

calculating 60% income.

¹Hkkx IIó[k.M 3(ii)º

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2197

10. Learned counsel for IInd party Shri A.K. Shashi

relies on ratio held in case of Union of India versus

Bhangwan Singh reported in 1996-1-LLJ-1127. Their

Lordship considering employee left behind besides the

respondent two major sons and his wife. They did not

apply for job on compassionate ground. Plea of the

respondent for compassionate employment held therefore

not to enable the family to tide over the sudden crisis to

the family resulting from the employee's death in harness.

In present case, the claim of Ist party workman was

rejected on the ground that income of family was above

60% of the pay of deceased employee. Claim of Ist party

was not rejected on the ground that other principles have

not applied for dependent employment. All the dependent

left by deceased employee could not be provided

dependent employment and therefore the ratio held in above

cited case cannot be beneficially applied to present case.

Reliance is also placed on ratio held in case of Bank

of Maharashtra versus Manoj Kumar Deharia reported in

2010(3) MPLJ-213. Their Lordship held that exceptional

nature of appointment as it is granted under a special scheme

cared out de hors the normal mode of recruitment, the same

has to be governed as per the policies or provisions

governing such appointment prevalent at a particular point

of time when consideration is to be made and not on the

basis of a policy which was in vogue and has been given

up by the employer due to changed circumstances.

IInd party has not alleged any change in policy in

the circumstances therefore the ratio in above cited case

cannot be applied to case at hand.

In case of General Manager (D&PB) and others

versus Kunti Tiwari and another reported in 2004(7) SCC

271, Their Lordship dealing with compassionate

appointment held terminal benefits received and other

movable and immovable property possessed by the family

of the deceased employee showing that its financial

condition was not penurious. The denial of compassionate

appointment by the Bank was upheld.

In present case, there is no evidence about property

or any other source of income of the deceased. Therefore

ratio cannot be applied to case at hand.

11. Union Representative Shri Ram Nagwanshi has

produced copy of award in R/87/04. Each case required to be

decided on evidence adduced by parties. Award passed in

other matter is not binding as precedent. The copy of award

in R/48/01 submitted by Shri Ram Nagwanshi does not

advance claim of Ist party as the claim of workman in said

case for employment on compassionate ground was rejected.

12. Considering evidence that while calculating 60%

amount for deployment employment, the amount of DA

was excluded. The denial of dependent employment to Ist

party is not proper. For above reasons, I record my finding

in Point No. 1 in Negative.

13. In the result, Award is passed as under:—

(1) The action of the management of Regional

Manager, Bank of India, Indore in not providing

appointment on compassionate ground to Shri

Sanjay Sarode S/o Late Shri Namdeo Rao Sarode

is not proper and legal.

(2) IInd party is directed to provide compassionate

employment to Ist party as per the scheme within

two months from date of publication of Award. Ist

party shall not be entiteld to any back wages.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 7 ebZ] 2015

dk-vk- 1016-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUæh; ljdkj nsuk cSad ds

izcaèra= ds lac) fu;kstudksa vkSj muds deZdkjksa ds chp vuqca/k esa

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

U;k;ky; tcyiqj ds iapkV ¼lanHkZ la[;k 12@98½ izdkf'kr djrh gS

tks dsUæh; ljdkj dks 05-05-2015 dks izkIr gqvk FkkA

[lañ ,y&12012@198@97&vkbZvkj ¼ch&II½]

jfo dqekj] MsLd vf/kdkjh

New Delhi, the 7th May, 2015

S.O. 1016.— In pursuance of Section 17 of the

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

Government hereby publishes the Award Ref.12/98 of the

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

as shown in the Annexure, in the industrial dispute between

the management of Dena Bank and their workmen, received

by the Central Government on 05.05.2015.

[No. L-12012/198/97-IR(B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/12/98

Indian National Bank Employees Federation,

9, Sanwer Road,

Hardev Niwas,

Ujjain

...Workman/Union

Versus

Asstt. General Manager,

Dena Bank, Zonal Office,

107, Berasia Road,

Bhopal

...Management

2198

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

AWARD

Passed on this 22nd day of April, 2015

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

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

received. The reference is made to this Tribunal under

Section-10 of I.D. Act, 1947 as per Notification No. L-12012/

198/98/IR(B-II). The dispute under reference relates to:

‘‘Whether the action of the management of Dena

Bank in terminating the services of Shri Madanlal

Ramlal Jakhad w.e.f. 1.7.96 is legal and justified ? If

not, to what relief the said workman is entitled ?"

2. After receiving reference, notices were issued to

the parties. Ist party workman submitted statement of

claim at Page 2/1 to 2/4. Case of workman is that from

10.3.85 he was engaged for cleaning, sweeping work in

Siyarganj branch, Indore by Branch Manager Anil Joshi.

He was continuously working in the branch under different

Branch Manager. As per letter dated 19.9.90, Regional

office had called information about temporary/badly peon

working in the branch. Information was submitted by

Branch Manager about his working and payment under

voucher. Information was called by Regional office as per

letter dated 11.8.93. Ist party workman has shown his

working days in para-10 of statement of claim. His working

days were 1985-52 days, in 1986-38 days, in 1987-164 days,

in 1988-158 days, in 1989-95 days, in 1990-227 days, in

1991-289 days, in 1992-269 days and in 1993-181 days.

Though he completed 240 days continuous service, he

was not paid bonus as per Section 8 of Payment of Bonus

Act. IInd party terminated his services on 1.7.96 without

notice or paying 3 months pay. Workman submits that

termination of his service is in violation of Section 25-F, G,

N of ID Act. He was not given opportunity for re-

employment thereby IInd party violated Section 25 H of

ID Act. On such ground, workman prays for his

reinstatement and payment of bonus. Claim for bonus of

Ist party is beyond the terms of reference.

3. IInd party filed Written Statement at Page 6/1 to

6/3 opposing claim of workman. IInd party denied

workman was continuously working from10.3.85 on pay

scale. Workman was not continuously working. There

was no question of paying wages as per pay scale.

Workman was engaged temporarily as casual worker as

per exigencies. Wages were paid as per prevailing rates.

Workman has not completed 240 days continuous service

in any of the year. He is not covered as employee under

Section 5 B of ID Act. It is denied that termination of his

service is in violation of Section 25-F, G, N of ID Act.

Violation of Section 33 of ID Act is also denied. On such

contentions, it is submitted that workman is not entitled

to any relief.

4. Ist party submitted rejoinder at Page 7/1 to 7/5

reiterating its contentions in statement of claim.

5. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below :-

(i) Whether the action of

In Affirmative

the management of

Dena Bank in terminating

the services of

Shri Madanlal Ramlal

Jakhad w.e.f. 1.7.96 is

legal and justified ?

(ii) If not, what relief the

Workman is not

workman is entitled to ?"

entitled to any relief.

REASONS

6. Ist party workman is challenging termination of

his service for violation of Sectrion 25-F, G, H of ID Act. In

support of his claim, workman filed affidavit of his evidence.

Workman in his affidavit of evidence says he was engaged

for cleaning, sweeping work from March 85 at Indore. He

was engaged on daily wages. He was working under

different Branch Managers. His working days are

reproduced in para-8 of his affidavit. Workman reiterates

that he completed 240 days continuous service during each

of the year. He was not paid bonus. In his cross-

examination, workman says he has not submitted any

affidavit, he was working as peon. Appointment letter was

not issued to him. His name was not sponsored through

Employment Exchange. Manager called him orally and

conducted his interview. The documents received by him

from head Office are produced. He started working in the

Bank from 10.3.85. In 1987, he was paid weekly wages. The

amount was deposited in his account. The extract of his

account is not produced.He was unable to tell his working

days during each of the year since 1985 to 1993. He denied

that he was engaged as part time. Workman has not proved

any document to substantiate his claim. IInd party has not

adduced evidence. The evidence of workman is not

supported by any documents to corroborate his evidence.

Any other employee is not examined that he was

continuously working during the relevant period. The zerox

copy of documents produced by workman are not proved

by adducing evidence. Therefore termination of services

of workman in violation of Section 25-F cannot be

established. For above reasons, I record my finding in Point

No. 1 in Affirmative.

7. In the result, Award is passed as under :-

(1) The action of the management of Dena Bank in

terminating the services of Shri Madanlal Ramlal

Jakhad w.e.f. 1.7.96 is proper and legal.

(2) Workman is not entitled to any relief.

R. B. PATLE, Presiding Officer

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2199

ubZ fnYyh] 7 ebZ] 2015

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dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj c®d vkWQ bafM;k

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; tcyiqj ds iapkV ¼lanHkZ la[;k 161@03½ izdkf'kr djrh

gS tks dsUnzh; ljdkj dks 05&05&2015 dks izkIr gqvk FkkA

[lañ ,y&12011@124@2003&vkbZ vkj ¼ch&II½]

jfo dqekj] MsLd vf/kdkjh

New Delhi, the 7th May, 2015

S.O. 1017.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. 161/03) of the

Cent. Govt. Indus. Tribunal-Cum-Labour Court, Jabalpur now

as shown in the Annexure in the Industrial Dispute between

the Management of Bank of India and their workman, received

by the Central Government on 05-05-2015.

[No. L-12011/124/2003-IR(B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL CUM LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/161/03

General Secretary,

Daily Wages Bank Employees Association,

Hardev Niwas, 9,

Sanwer Road, Ujjain

...Workman/Union

Versus

Zonal Manager,

Bank of India,

Zonal Office, 22,

Yashwant Niwas Road,

Indore

...Management

AWARD

(Passed on this 22nd day of April 2015)

1. As per letter dated 23-09.03 by the Government of

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

received. The reference is made to this Tribunal under

Section 10 of I.D. Act, 1947 as per Notification No. L-12011/

124/2003-IR(B-II). The dispute under reference relates to:

"Whether the action of the management of Bank of

India in terminating the services of Shri Pradeep

Kumar Paliwal and not paying him the bonus is

justified? If not, what relief the workman is entitled

for?"

2. After receiving reference, notices were issued to

the parties. Ist party workman submitted statement of claim

at Page 3/2 to 3/7. Case of workman is that he was working

as peon on vacant post from April 1990. He was paid wages

as per pay scale. The record of pay of wages is in custody

of IInd party. His signatures were obtained on payment

vouchers. Since March 1991, wages as per pay scale were

discontinued. Workman was paid monthly pay Rs. 175/-.

From 5-7-94, his was increased to Rs. 550/- per month. On

26-7-97, one Bane Singh was transferred to Dhabla Hurdu.

6 years continuous service of workman was terminated

without notice. He was not paid retrenchment

compensation. Ist party workman reiterates that he

completed 245 days continuous service during April 1990

to March 1991. After termination of his service, other

persons were engaged by IInd party. When dispute was

raised before ALC, Bhopal, IInd party filing reply had

admitted engagement of workman intermittently. Death of

Umrao Singh was admitted on 27-4-02. Workman had

submitted rejoinder reiterating his contentions. Workman

has shown working days 229+64 holidays total 292 days.

He was paid wages for six days in a week. Workman also

alleges violation of Section 25-G,N of I.D. Act, principles of

last come first go was not followed. His services are

terminated in violation of Section 25-F of ID Act. On such

ground, workman is praying for reinstatement with back

wages.

3. IInd party submitted Written Statement at Page

10/1 to 10/12 opposing claim of Ist party workman. IInd

party submits that Shri Ram Nagwanshi claiming General

Secretary of the Union is not employee of the Bank of

India, he is not competent to raise dispute. The order of

reference is vague. The particulars of employment and

termination of workman are not given. That Ist party is not

covered as workman under Section 2(s) of ID Act as he

was not appointed by IInd party. The reference made by

Govt. is not tenable. The appointments in Bank are covered

by statutory rules and regulations. Person seeking

employment in the Bank has to go through the prescribed

procedure for appointment. Workman was engaged

temporarily as per exigencies. His engagement was casual.

Branch Manager is not Appointing Authority of any staff

in the Bank. The Regional Manager with prior approval of

Head office is competent to appoint sub staff. The

appointment of sub staff are made only eligible candidates

through Employment Exchange in order to secure guarantee

of employment under Article 16 of the Constitution. The

reservation policy of Government of India is also required

to be followed. The Branch Manager required to engage

the person whenever there is temporary increase in work

during leave vacancy.

4. IInd party further submits that workman was

engaged for 50 days in April 1990 to March 91. IInd party

denies workman had completed 240 days continuous

service. On all such ground, it is prayed that workman is

not entitled to any relief.

2200

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

5. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:-

‘‘(i) Whether the action of

In Affirmative

the management of

Bank of India in

terminating the services of

Shri Pradeep Kumar Paliwal

and not paying him the

bonus is justified?

(ii) If not, what relief the

Workman is not

workman is entitled to?

entitled to any relief.’’

REASONS

Workman is challenging order of his termination for

violation of Section 25-F of ID Act contending that he had

completed 240 days continuous service during April 1990

to March 91. In support of his claim, workman filed affidavit

of his evidence covering his contentions in statement of

claim. That his services are terminated without notice,

retrenchment compensation is not paid to him. He had

completed 7 years service. In his cross, workman says he

knows English. He was working in the Bank from 1990 to

1997. After 1991, he was working as sweeper. He was

engaged by Branch Manager Shri C. L. Jain. He further

says that he submitted application in 1981 and correct it as

1988. Post was not advertised. He was not interviewed,

appointment letter was not given to him. When he was

working in the Bank, other person was working as peon.

He was unable to tell for how many days he worked in

1990. He do not interrupt in it. He further says he was not

member of any Union, he was not knowing who was

President of the Union.

7. Management of IInd party has produced Bipartite

settlement Exhibit M-1, Recruitment Policy Exhibit

M-2. From evidence in cross-examination of workman, it is

clear that he was not engaged following recruitment rules.

8. Management's witness Chhaganlal Jain filed

affidavit of his evidence supporting contentions of IInd

party in Written Statement. That during 1990-91, workman

had completed 50 days work as badly/ad hoc part time for

2 hours in a day. Management's witness in his cross says

appointment letter was not given to the workman. Exhibit

M-1 was not followed. He was working in Dhabla branch

from 1-9-88 to 3-7-91. He had not received any information

from other Branch Manager. During my working period,

Umrao Singh died and after his death, Banesh Singh was

working in the Bank, he was unable to tell his working

period. Ist party workman was engaged during leave period

of Chhaganlal Singh. Workman was paid wages by Branch

Manager. He was subsequently reimbursed. Management's

witness was unable to tell who was doing sweeping,

cleaning work since 1997. The evidence of workman is not

supported by any documents. Workman has not examined

Shri Charan Singh or any other co-employee.

Learned counsel for IInd party Shri A. K. Shashi relies

on ratio held in case of—

Karnataka State Road Transport Corporation and

another versus S. G. Kotturappa and another reported in

2005(3) SCC-406. Their Lordship considering Badli

workers included in wait list and not select list, their service

if found not suitable can be discontinued. Badli enjoys no

status, his service not protected by any statute, holds no

civil post. Termination of Badli workers services in present

case held proper as it was not one attracting compliance

with section 25-F of ID Act.

In case of UPSEB Vrs Presiding Officer, Labour Court,

Kanpur reported in 1998 LAB.I.C. 1702, his Lordship of

Allahabad High Court held raising Industrial dispute after

delay of 8 years of passing order, no relief can be granted

to such workman.

In case of Indian Iron and Steel Co. Ltd. versus

Prahlad Singh reported in 2001(a) SCC 424, their Lordship

of Supreme Court considering Industrial dispute raised after

13 long years of termination of service, no reasonable

explanation given for such delay. In such circumstances,

the Industrial Tribunal rightly refused to grant any relief.

In present case as per Statement of claim, services

of Ist party workman were terminated in 1997, the dispute

is raised in 2003. Claim of workman cannot be rejected

on ground of delay as dispute is raised within 5-6 years.

10. IInd party admitted document P-4 reply by IInd

party before ALC. The claim of workman was denied in

said document. To be precise, the evidence of workman

about completion of 240 days continuous service is not

supported by document or evidence of co-employee. His

evidence cannot establish completion of 240 days service

termination of service of workman in violation of Section

25-F is not established. Therefore I record my finding in

Point No. 1 in Affirmative.

11. In the result, award is passed as under:-

(1) The action of management of Bank of India in

terminating the services of Shri Pradeep Kumar

Paliwal and not paying him the bonus is legal and

proper.

(2) Workman is not entitled to any relief.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 7 ebZ] 2015

dk-vk- 1018-—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dksphu iÙku

U;kl 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

¹Hkkx IIó[k.M 3(ii)º

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2201

vfèdj.k@Je U;k;ky; v:ukdqye ds iapkV ¼6@2012½ izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 07-05-2015 dks izkIr gqvk FkkA

[lañ ,y&35011@2@2011&vkbZvkj ¼ch&II½]

jfo dqekj] MsLd vf/kdkjh

New Delhi, the 7th May, 2015

S.O. 1018.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 6/2012) of

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

Ernakulam as shown in the Annexure, in the industrial

dispute between the management of Cochin Port Trust

and their workmen, received by the Central Government on

07-05-2015.

[No. L-35011/2/2011-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIALTRIBUNAL-CUM-LABOUR COURT,

ERNAKULAM

Present: Shri D. Sreevallabhan, B.Sc., LL.B, Presiding

Officer

(Monday the 23rd day of March, 2015/2nd Chaitra, 1937)

ID 6/2012

Unions

:

1. The General Secretary

Cochin Port Harbour Workers Union

Venkitaraman Road

W/Land

COCHIN-3

(ex-parte)

2. The General Secretary

Cochin Port Staff Association

Wellingdon Island

COCHIN-682009

By M/s. S Sreekumar Associates

3. The General Secretary

Cochin Port Employees Organisation

Venkitaraman Road

Wellingdon Island

COCHIN-682009

By M/s. M M Cherian Law Chambers

Management

:

The Chairman

Cochin Port Trust

W/Island

COCHIN-682009

By M/s. B S Krishnan Associates

This case coming up for final hearing on 03.03.2015

and this Tribunal-cum-Labour Court on 23.03.2015 passed

the following:

AWARD

In exercise of the powers conferred by clause (d) of

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

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

Government/Ministry of Labour vide Order No. L-35011/

2/2011-IR(B-II) dated 18.01.2012 referred the industrial

dispute scheduled thereunder for adjudication to this

tribunal.

2. The dispute is:

'Whether the action of the management of Cochin

Port Trust in computation of 13 months salary for

calculation of income tax putting additional burden

on its employees is justified? What relief the

workers are entitled to?'

3. The change in the payment of salary for the month

of March in April to the month of March itself resulted in

computation of 13 months' salary in the financial year 2009-

2010 for payment of income tax causing loss to the workers

of the Cochin Port Trust and hence the unions raised the

dispute.

4. After service of summons on all the three unions

first union did not enter appearance and hence set ex-parte.

Unions 2 and 3 after appearance filed separate claim

statements with almost identical allegations. The

allegations, in a nutshell, are that the Cochin Port Trust

was having its financial year from 1st March to February

28/29 every year and had been following the practice of

computing income tax from March to February for an

assessment year as in the case of other government

institutions. The assessment year of income tax is the 12

months from 1st April to 31st March. No salary was paid to

the workers in the month of March and salary for the months

of March and April were paid in the month of April. There

were two salary payments in every April. Hence the salary

for 13 months i.e., from March to February was reckoned

for the assessment year of 2009-2010 for calculation of

income tax. With the introduction of the new computer

system by which Tax Deduction at Source (TDS) was made

from the salaries and wages paid from 1st April to 31st

March, paying salary every month including the month of

March. The salary for the month of March, 2009 was

therefore debited in the bank account of the workers in the

month of March itself instead of 1st April. So there was

payment of 13 months' salary for the assessment year of

2009-2010. The trade unions wrote a letter to the FAC &

CAO, Cochin Port Trust, well in advance on 25.01.2010,

informing the distress of the employees in being unduly

taxed for 13 months' salary due to the introduction of a new

computer system. In the previous assessing years they

were assessed for income tax for the salary they had

received for 12 months and they were bound to be assessed

for the income tax payable for the coming year (2010-2011)

for the salary they had received for 12 months. They were

2202

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

assessed for an additional one month's salary only in the

assessment year 2009-2010. Computation of 13 months'

salary for an assessment year may shift the income tax slab

to the next higher slab which requires payment of more

amount as tax. The employees were being penalized for no

reason but for the sake of the change brought in the system

unilaterally by the management. As a result the workers

had been levied with an excess payment of income tax

amounting to `50 lakhs. The Cochin Port Trust disregarding

the objections of the trade unions computed income tax for

13 months and remitted the excess amount of `50 lakhs.

The payment was made accounting an advance to the

workers without their consent and it was later deducted

from the arrears of salary paid to them while implementing

the wage revision without any notice to the workers or the

trade unions. It is unjust, arbitrary and illegal. Hence they

are entitled to get it reimbursed together with interest.

5. Management filed written statement admitting the

allegation in the claim statements that Tax Deduction at

Source (TDS) from salaries of employees was effected

earlier by reckoning the income from the month of March

to February as followed in government department and

there was a change over in the financial year from March to

February to April to March during the year 2009-2010

consequent on implementation of a new computerized

system called SAP in the management. It is contended that

with the introduction of SAP system of pay roll from October

2009 onwards it became necessary to calculate income tax

for the salary from April to March. The SAP India Version

was implemented taking into account the TDS provisions

of the Finance Act enacted by the Government of India

from time to time. SAP system generates TDS forms

pertaining to the period from April to March and no other

modification is acceptable in the system. So the system

prevalent in the management calculating TDS from March

to February had to be changed to April to March. It resulted

in reckoning salaries and allowances from March, 2009 to

March, 2010 actually paid during the financial year 2009-

2010. It caused additional tax burden only to a negligible

number of employees on account of the change in the slab

for calculation. As a result of the change in the financial

year the additional tax on the additional income to the

individual employees was paid by the management and

subsequently recovered from their salary arrears. Since

the Port is an autonomous body, following commercial

accounting system, financial accounts are prepared

reckoning the expenses including expenditure on salaries

and wages from April to March. Prior to the introduction of

the new system the salary for the month of March was paid

on the first day of April and the salary for the month of

April was paid on the last working day of that month. 12

months' wages for the purpose of payment of tax was

calculated on that basis on account of the switch over to

the new system. Tax deduction was made treating the

accounting year as April to March and hence the salary for

the month of March was paid in that month itself. The TDS

was deducted only the actual salary earned by the

employees. There is no basis for the allegation that ` 50

lakhs had to be paid by the employees on account of the

change in the financial year for deduction of tax. As per the

provisions of the Income Tax Act recipient of the income

has to pay the tax. There is no justification in the claim of

the unions that the burden of payment of additional tax is

to be borne by the management. There is no need to have

the consent of the employees before switching over to the

new system. Since the financial year was changed following

the provisions of the Income Tax Act it is the duty of the

drawing officer to deduct the tax from the salary. Hence the

unions are not entitled to any of the reliefs claimed in the

claim statements.

6. Unions 2 and 3 did not file any rejoinder in spite of

the opportunity given for that purpose.

7. For the purpose of deciding the reference one

witness was examined from the side of unions 2 and 3 as

WW1 but no exhibit was marked. No evidence, either oral

or documentary, was adduced from the side of the

management. After closing the evidence the arguments for

both sides were heard.

8. The points for determination are:

(i) Whether the computation of 13 months salary

for calculation of income tax for the assessment

year 2009-2010 is justifiable?

(ii) What relief, if any, the workmen are entitled to?

9. Point No.(i): Payment of salary for the month of

March, 2009 on the 31st March, 2009 in that year resulted

in calculation of income by computing 13 months' salary

for payment of income tax. It is not in dispute that the

salary for the month of March was being paid on the 1st

April and the salary for the subsequent months was paid

in the respective months itself. The workers were getting

the salary for the month of March and April in the month of

April. The computation for the purpose of payment of

income tax was made by taking the salary for the month

from March to February. According to the management it

had to be changed with the introduction of a new computer

system by which the Tax Deduction at Source was made

from the salaries and wages paid from 1st April to 31st

March. Since the employees were given salary for the month

of March, 2009 in that month itself it necessitated the

computation of 13 months salary for the payment of income

tax for the assessment year 2009-2010. Management cannot

be blamed for the payment of the salary for the month of

March in that month itself. It will become part of the income

for assessment for the purpose of payment of income tax

for that assessment year.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2203

10. Assessment year is defined under Section 2(9) of

the Income Tax Act, 1961 as the period of twelve months

commencing on the 1st day of April every year. The income

for the previous year is being assessed in every assessment

year. Section 3 of the said Act defines previous year as the

financial year immediately preceding the assessment year.

Financial year is not defined in the said Act. It is defined in

Section 3(21) of the General Clauses Act, 1897 which says

that "financial year" shall mean the year commencing on

the first day of April. It cannot be said that the financial

year as far as the Cochin Port Trust is concerned is from

March to February for the purpose of assessment of income

tax. There is nothing to show that the salary for the month

of March is to be paid in the month of April. There is no

quarrel with regard to the fact that the salary for the

remaining months were being paid in the respective months.

The change in the reckoning of salary from the month of

March to February to April to March cannot be said to be

illegal as the financial year is to be from the 1st April to 31st

March. Nothing was pointed out by the learned counsel

for unions 2 and 3 to satisfy that the salary for 13 months

cannot be computed for the purpose of calculation of

income tax for an assessment year. There is no prohibition

for making payment of salary for the month of March in

March itself. Hence it cannot be said that the action of the

management in computation of 13 months salary for

calculation of income tax is not justifiable. In such a case if

there is any grievance the workmen are provided with the

remedy under Section 89 of the Income Tax Act. It reads

thus:

"89. Relief when salary, etc., is paid in arrears or in

advance.—Where an assessee is in receipt of a sum in the

nature of salary, being paid in arrears or in advance or is in

receipt, in any one financial year, of salary for more than

twelve months or a payment which under the provisions of

clause (3) of section 17 is a profit in lieu of salary, or is in

receipt of a sum in the nature of family pension as defined

in the Explanation to clause (iia) of section 57, being paid in

arrears, due to which his total income is assessed at a rate

higher than that at which it would otherwise have been

assessed, the Assessing Officer shall, on an application

made to him in this behalf, grant such relief as may be

prescribed:

Provided that no such relief shall be granted in

respect of any amount received or receivable by an assessee

on his voluntary retirement or termination of his service, in

accordance with any scheme or schemes of voluntary

retirement or in the case of a public sector company referred

to in sub-clause (i) of clause (10C) of section 10, a scheme

of voluntary separation, if an exemption in respect of any

amount received or receivable on such voluntary retirement

or termination of his service or voluntary separation has

been claimed by the assessee under clause (10C) of section

10 in respect of such, or any other, assessment year."

11. In order to have the financial year as April to

March the management made the change in the payment

of salary for the month of March in April to the month of

March itself with the introduction of SAP. It has resulted in

computation of 13 months salary for the purpose of income

tax for the assessment year 2009-2010. Though some of the

workers had to pay more tax they are not remedyless. Hence

it cannot be held that the action of the management in the

computation of 13 months salary for the assessment year

2009-2010 is not justifiable.

12. Point No. (ii): Workmen cannot be granted any

relief as against the management but the workmen can seek

appropriate relief by resorting to Section 89 of the Income

Tax Act, 1961.

The award will come into force one month after its

publication in the Official Gazette.

Dictated to the Personal Assistant, transcribed and

typed by her, corrected and passed by me on this the

23rd day of March, 2015.

D. SREEVALLABHAN, Presiding Officer

APPENDIX

Witness for the unions

WW1

26.11.2014

Shri Muthu P B

Witness for the management

-

NIL

Exhibit for the unions

-

NIL

Exhibit for the management

-

NIL

ubZ fnYyh] 7 ebZ] 2015

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New Delhi, the 7th May, 2015

S.O. 1019.—In pursuance of Section 17 of the

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

Government hereby publishes the Award Ref. 72/06 of the

Central Government Industrial Tribunal-Cum-Labour Court

Jabalpur as shown in the Annexure in the Industrial Dispute

between the management of M/s. Indian Airlines Limited

and their workmen, received by the Central Government on

07-05-2015.

[No. L-11012/55/2006-IR (CM-I)]

M. K. SINGH, Section Officer

2204

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/72/06

Shri Chhotelal Shivhare,

Sevagram Bard No. 11,

Khajuraho,

Distt. Chhattarpur, MP

....Workman

Versus

General Manager (P),

Indian Airlines Ltd. (N. Region),

I.G.I. Airport, Terminal-I,

New Delhi.

....Management

AWARD

Passed on this 27th day of February 2015

1. As per letter dated 10-11-06 by the Government of

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

received. The reference is made to this Tribunal under

Section-10 of I.D. Act, 1947 as per Notification No. L-11012/

55/2006-IR(CM-II). The dispute under reference relates to:

"Whether the action of the management of Indian

Airlines Ltd. in doing away with the services of

Shri Chhote Lal Shivhare, Staff Bus Driver w.e.f.

20-6-05 instead of regualarizing him is just, fair and

legal? If not, to what relief is the workman entitled?"

2. After receiving reference, notices were issued to

the parties. Ist party workman filed statement of claim at

page 5/1 to 5/4. Case of workman is that he was holding

driving licence for heavy vehicles issued by RTO Rewa. He

belongs to SC. Workman was initially engaged on 1-1-1979 as

Driver on staff bus. In 1980, workman submitted application

for regular appointment from 6-6-80. He was appointed by

IInd party on post of staff bus driver on monthly salary Rs.

700/-. He continuously worked till 20-6-05. his salary was

increased to Rs. 1000/-, 1500, 4000, 3500 per month. He was

also paid overtime wages Rs. 15/- per over. He worked

sincerely and honestly.

3. It is alleged that since February 1981, IInd party

shown him as contractor Chhotelal and sons without

changing nature of duty. It is unfair labour practice to

vicitimize him. That statutory contribution of PF was not

deducted from his salary. He had completed 25 years

continuous service. Workman was thrown out of

employment without notice in violation of Section 25-F of

ID Act. He was not issued notice. Workman prays for his

reinstatement with back wages.

4. IInd party filed Written Statement at Page 10/1 to

10/4 opposing claim of workman. IInd party submits that it

had entered in contract with Chhotelal and sons for

providing service of Driver at Khajuraho. Workman was

engaged by contractor at Khajuraho. Workman is not

directly engaged by IInd party. He is not entitled for

regularization of service. In conciliation proceeding dated

3-2-94, it was disclosed that Chhotelal and sons was

providing Driver services as contractor. In his

representation dated 22-7-82, age of workman was shown

38 years. Workman had crossed age of superannuation.

IInd party reiterated that workman was not directly

employed by IInd party. He was employee of contractor.

Therefore workman is not entitled for protection of Section

25-F of ID Act. Workman is not covered under Section 25B

of ID Act. Workman is not covered under Section 25B of ID

Act. It is denied that workman was illegally terminated. On

such ground, IInd party prays for rejection of claim.

5. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

(i) whether the action of the

In Negative

management of Indian

Airlines Ltd in doing away

with the services of

Shri Chhote Lal Shivhare,

Staff Bus Driver

w.e.f. 20-6-05 instead of

regularizing him is legal

and justified?

(ii) If not, what relief the

As per final orders.

workman is entitled to?"

REASONS

6. Workman is challenging termination of his service

for violation of Section 25-F of ID Act. IInd party submits

that workman was not directly employed. He was employee

of contractor M/s Chhotelal and sons therefore he is not

entitled to protection of Section 25-F of ID Act. Workman

filed affidavit of his evidence supporting his contentions

in statement of claim. Workman has stated that he was

working as Driver on coach of Indian Airlines from 1979 to

2005. His services are terminated without notice instead of

regularizing him. from evidence of workman, documents

Exhibit W-1 to W-24 are proved. Workman in his cross-

examination says initially he was given appointment orders

for driving the coach of Indian Airlines. He has produced

those documents on record. His signature was obtained

on payment vouchers. In Exhibit W-8, it is shown Chhotelal

and sons is signed by him. He claims ignorance about the

contents. From June 2005, he had not submitted bill about

his working. He denies that he was working as contractor

in the name Chhotelal and sons. Management's witness

Madanlal filed affidavit of his evidence covering

contentions of IInd party in Written Statement that

workman was engaged by M/s Chhotelal and sons with

whom IInd party had entered encounter. Management's

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2205

witness in his cross-examination says he cannot produce

registration certificate for the year 1982. Chhotelal and sons

have no licence under CL (R&A) Act 1970. Chhotelal and

sons did not submit halfyearly annual returns to IInd party.

There is no record available with IInd party about annual

returns submitted to Controlling Authority. From 16, 17 are

not available with IInd party. The record are misplaced

during shifting. Agreement was not found. The wageslips

were not given to workman as required under CL(R&A)

Act. The witness of management denies that there was no

contract with Chhotelal and sons. Workman had not

produced any documents about his age. Amount shown in

Exhibit W-2 was paid by IInd party. Witness of management

says he did not knows whether medical examination of

workman was carried. The witness of management admits

that workman was engaged for driving tractor and coach at

Aerodrome at the time of flying operations. Workman was

required to stay at Aerodrome for his work. Mr. Swatantra

and Mr. Sidharth might have been the Station Manager.

From evidence in cross-examination of management witness

it is clear that his evidence is not supported by any

documents about contract entered between Chhotelal and

sons and IInd party.

7. Learned counsel for Ist party workman Shri P.C.

Chandak pointed out my attention to definition of

contractor under CL (R&A) Act, 1970 reproduced below.

Contractor in relation to an establishment, means a

person who undertakes to produce a given result for the

establishment, other than a mere supply of goods of

articdles of manufacture to such establishment, through

contract labour or who supplies contract labour for any

work of the establishment and includes a sub-contractor.

The evidence on record clearly shows that workman

was himself working as Driver. He did not supply any

contract labour to IInd party therefore the workman is not

covered as contractor or contract labour. The documents

of contract are not produced. In absence of such

documents, workman become direct employee of the IInd

party. His services are terminated without notice though

workman was working as Driver from 1980 to 2005. The

documents produced by workman Exhibit W-1 Driving

Licence, Exhibit W-2 Daily permit and other documnets

produced shows that management had requested approval

to engage workman as part time wager, increase of salary

etc. The services of workman are terminated without notice

in violation of Section 25-F of ID Act therefore I record my

finding in Point No. 1 in Negative.

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

services of workman are terminated in violation of Section

25-F of ID Act, learned counsel for IInd party alongwith his

notes of arguments relies on ratio held in Case of A. Umarani

versus Registrar Cooperative societies reported in AIR-

2004-SC-4504. The facts of the present are not comparable.

Employees in above cited case were appointed dehors the

rules ignoring the qualifications, it was held that their

services could not be regularized.

In present case, no evidence is brought on record

that workman was not fulfilling any clarification for post of

Driver, Driving Licence is produced at Exhibit W-1 by

workman. Workman was working as Driver with IInd party

since 1980 to 2005 for long about 25 years. Question is

whether workman is entitled for reinstatement. The age of

workman in his affidavit is shown 59 years. Affidavit was

filed on 4-10-10. As such workman has attained age of

superannuation. Therefore relief of reinstatement cannot

be granted to him. Workman is terminated in violation of

Section 25-F of ID Act in the 2005. Considering his age in

affidavit of evidence, workman would have attained age of

superannuation in the year 2011. Thus workman could have

worked for about 6 years. Considering said period and

wages paid to workman, in my considered view,

compensation Rs. 2 Lakh would be appropriate.

Accordingly I record my finding in Point No. 2.

9. In the result, award is passed as under:—

(1) The action of the management of Indian Airlines

Ltd is doing away with the services of Shri Chhote Lal

Shivhare, Staff Bus Driver w.e.f. 20-6-05 instead of

regularizing him is not proper and legal.

(2) IInd party is directed to pay compensation Rs. 2

Lakh within 30 days from the date of publication of award.

In case of default, amount shall carry 9% interest per

annuam from the date of award till its realization.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 7 ebZ] 2015

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Je U;k;ky;] uañ 2] /kuckn ds iapkV ¼lanHkZ la[;k 148@2000½ dks

izdkf'kr djrh gS tks dsUnzh; ljdkj dks 07&05&2015 dks izkIr gqvk

FkkA

[lañ ,y&20012@267@2000&vkbZvkj ¼lh,e&1½]

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New Delhi, the 7th May, 2015

S.O. 1020.—In pursuance of Section 17 of the

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

Government hereby publishes the Award Ref. 148/2000 of

the Central Government Industrial 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 workman, received by the Central Government on

07-05-2015.

[No. L-20012/267/2000-IR(CM-I)]

M.K. SINGH, Section Officer

2206

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 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. 148 OF 2000.

PARTIES

: The Vice President,

Mazdoor Sangthan Samitee

At: Pachgarhi Bazar,

PO: Katrasgrh, Distt: Dhanbad.

Vs. General Manager,

Kustore Area of M/s BCCL,

PO: Kustore, Distt: Dhanbad..

Ministry's Order No. L-20012/267/2000-(C-1)

dt 25.10.2000.

APPEARANCES:

On behalf of the workwoman/Union : None.

On behalf of the Management

: Mr. Nitish Sahay,

Ld. Adv.

State

: Jharkhand

Industry : Coal

Dated, Dhanbad, the 31st March, 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/

267/2000-(C-1) dt. 25.10.2000.

SCHEDULE

"Whether the action of the Management of BCCL,

Kustore Area is denying promotion to Krishna Nand

Singh while his juniors were promoted is just and

fair? If not, to what relief is the concerned workman

entitled and from what date?"

2. Neither any Representative for the Mazdoor

Sangthan Samittee, Pachgarhi Bazar nor workman Krishna

Nand Singh appeared just as none appeared for the OP/

Management, Kustore Area of M/s BCCL nor any witness

produced on behalf of the OP/Management.

On perusal of the case record, I find the evidence of

the workman was already closed on 28th Sept., 2004, since

then it has been running for evidence of the OP/

Management which appears to be quite useless, as the

Reference relates to an issue about the promotion of the

workman. Evenafter the registered notice dt. 24.11.2014 to

the Vice President of the Union concerned on his address

noted in the reference itself, none could respond to the

notice in this case. It is the oldest case of the year 2000.

The Union Representative and the workman by their

reluctant acts appear to be quite unwilling or uninterested

to contest the case.

Under these circumstances, it seems no longer the

Industrial Dispute; hence the case is closed as no I.D. and

accordingly it is passed an order of 'No Dispute Award.'.

KISHORI RAM, Presiding Officer.

ubZ fnYyh] 7 ebZ] 2015

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Je U;k;ky;] uañ 2] /kuckn ds iapkV ¼lanHkZ la[;k 40@2007½ dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 07@05@2015 dks izkIr gqvk

FkkA

[lañ ,y&20012@64@2007&vkbZvkj ¼lh,e&1½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 7th May, 2015

S.O. 1021.—In pursuance of Section 17 of the

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

Government hereby publishes the Award Ref. 40/2007 of

the Central Government Industrial 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

07-05-2015.

[No. L-20012/64/2007-IR(CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO. 2) AT DHANBAD

PRESENT

Shri Kishori Ram, Presiding Officer

In the matter of an Industrial Dispute under Section

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

REFERENCE NO. 40 OF 2007

PARTIES

:

The Vice President,

Janta Mazdoor Sangh

At: Vihar Building Jharia, Dhanbad

Vs.

Area Manager,

B.T.A of M/s BCCL, PO: Bhuli, Dhanbad

Ministry's Order No. L-20012/64/2007-

IR(CM-I) dt 23.7.2007

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2207

APPEARANCES:

On behalf of the workwoman/

:

K.N. Singh

Union

Ld. Representative

On behalf of the Management

:

Mr. U. N. Lal

Ld. Adv.

State : Jharkhand

Industry : Coal

Dated, Dhanbad, the 24th March, 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/

64/2007-(CM-1) dt. 23.07.2007.

SCHEDULE

"Whether the action of the Management of Regional

Hospital, Bhuli of M/s BCCL, in denying

regularization as Accounts Clerk to Smt. Dipa Bose,

General Mazdoor, is justified and legal? If not, to

what relief is the concerned workman entitled and

from which date?"

2. None appeared for the Janta Mazdoor Sangh,

Jharia, nor the workwoman Dipa Bose, but Mr. U.N. Lal Ld.

Counsel for the Area Manager, BTA of M/S BCCL appeared

and filed a petition dt. 21.03.2015 under the signature

workwoman Dipa Bose along with the photocopy of the

Office Order No. 163 dt. 28.0.2009 bearing her signature

and the receipt of its copy under the initial of Mr. U. N. Lal

dt. 24.03.2015. The workwoman by her application has

stated that she has been regularized to the post of Clerk as

per the aforesaid Office order, so she no longer wants to

contest the case. The Office Order also bears her name

under Sl.No. 4 denoting her continuous working on the job

of the Ministerial/Clerical ones till date has been regularized

in Clerical Gr. III with pay protection.

Under these circumstances, I find that the reference

as per its Schedule which refers to an issuer of regularization

to workwoman Smt. Dipa Bose, the General Mazdoor, as

the Accounts Clerk is no longer in Industrial Dispute, as

she has been regularized in the Clerk Gr. III with pay

protection. Hence it is passed an order of "No Dispute

Award".

KISHORI RAM, Presiding Officer

ubZ fnYyh] 7 ebZ] 2015

dk-vk- 1022-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj chlhlh,y ds

izca/kra= ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

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

U;k;ky; uañ 2] /kuckn ds iapkV ¼lanHkZ la[;k 218@2001½ dks

izdkf'kr djrh gS tks dsUnzh; ljdkj dks 07@05@2015 dks izkIr gqvk

FkkA

[lañ ,y&20012@240@2001&vkbZvkj ¼lh,e&1½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 7th May, 2015

S.O. 1022.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 218/

2001) of the Central Government Industrial 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 workman, received by the Central

Government on 07/05/2015.

[No. L-20012/240/2001-IR(CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO. 2) AT DHANBAD

PRESENT

Shri Kishori Ram, President Officer

In the matter of an Industrial Dispute under Section 10(1)

(d) of the I.D. Act, 1947

REFERENCE NO. 218 of 2001

PARTIES

: The Vice President,

Mazdoor Sangthan Samitee

At: Pachgarhi Bazar,

PO: Katrasgrh, Distt: Dhanbad.

Vs.

General Manager,

Block II Area of M/s BCCL,

PO: Nawagarh, Distt: Dhanbad..

Ministry's Order No. L-20012/240/2001-I.R.(C-1)

dt 10.08.2001.

APPEARANCES:

On behalf of the workwoman/Union : Mr. S.N. Goswami,

Ld. Adv.

On behalf of the Management

: Mr. D.K. Verma,

Ld. Adv.

State

: Jharkhand

Industry : Coal

Dated, Dhanbad, the 30th March, 2015

AWARD

The Government of India, Ministry of Labour, in

exercise of the power 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-20012/240/2001-IR (C-I) dt. 10.08.2001.

2208

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

SCHEDULE

"Whether the action of the Management of BCCL,

Block-II Area in non regularization of Sri Doman

Mahato as Loading Munshi and reverting him back

to the original job as Fireman after 16 to 17 years is

justified, legal & proper? If not, to what reflief is the

workman entitled and from what date?"

2. Neither any Representative for the Mazdoor

Sangthan Samittee, Pachgarhi Bazar nor workman Doman

Mahato appeared nor any withness for the evidence of the

workman produced despite the last chance for it. Mr.

D.K.Verma, the Ld. Advocate for the OP/Management of

Block II Area of M/s BCCL, Nawagrah is present. After

going through the case record, it appears that the case has

been all along pending for the evidence of the workman at

the issue of his non-regularization as Loading Munshi.

Though three Regd. Notices dt. 2 5.08.2014, 20.11.2014 and

lastly 02.02.2015 have been issued to the Vice President of

the Union concerned on the same address as noted in the

Reference itself, yet non response whatsoever to any notice

issued by the Tribunal. The perusal of the case records

also reveals that it has been pending for the evidence of

the workman since 18.09.2007. The Union representative

and the workman by their own conducts appear to be not

at all interested to contest the case for its finality in

adjudication.

Under these circumstances, it seems no longer an

Industrial Dispute; hence the case is accordingly closed,

and I is passed an order of "No Dispute Award".

KISHORI RAM, Presiding Officer

ubZ fnYyh] 7 ebZ] 2015

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dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj chlhlh,y ds

izca/kra= ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa

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

Je U;k;ky; uñ 2] /kuckn ds iapkV ¼lanHkZ la[;k 44@1996½

izdkf'kr djrh gS tks dsUnzh; ljdkj dks 07@05@2015 dks izkIr gqvk

FkkA

[lañ ,y&20012@103@1995&vkbZvkj ¼lh,e&1½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 7th May, 2015

S.O. 1023.—In pursuance of Section 17 of the

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

Government hereby publishes the award Ref. No. 44/1996

of the Central Government Industrial 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 workman, received by the Central Government on

07/05/2015.

[No. L-20012/103/1995-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. 44 of 1996

PARTIES

: The Joint Area Secretary,

Bihar Colliery Kamgar Union,

Bhowra Colliery,

PO: Bhowre, Distt: Dhanbad.

Vs.

The General Manager,

Bhowra Area of M/s BCCL

PO: Bhowra, Distt: Dhanbad..

Ministry's Order No. L-20012/103/95-I.R.

(C-1) dt 19.03.1996.

APPEARANCES:

On behalf of the workwoman/Union : None

On behalf of the Management

: Mr. U.N. Lal,

Ld. Adv.

State

: Jharkhand

Industry : Coal

Dated, Dhanbad, the 10th March, 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 Trinunal for adjudication vide their Order No.

L-20012/103/95.I.R. (Coal-I) dt. 19.03.1996.

SCHEDULE

"Whether the action of the management of Bhowra

Colliery of M/s BCCL in dismissing from service of

Shri Nepal Hari, Ex-Sweeper is justified? If not, to

what relief the concerned workman is entitled?"

2. Neither any Union Representative for Bihar Colliery

Kamgar Union, Bhowra Colliery, Dhanad nor workman

Nepal Hari Ex-Sweeper appeared nor any witness on behalf

of the Management produced though Mr. U.N. Lal, the Ld.

Advocate for the OP/Management of Bhowra Area present

with his authority.

On perusal of the case record, I find this is the oldest

case of the year 1990, which has been pending for ex-party

evidence of the Management all along since 04.11.2003.

Even thereafter despite three Regd. Notices dt. 10.04.14,

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2209

12.05.2014 and 25.11.2014 to the Joint Regional Secretary

as well as to the Management on their respective addresses

as noted in the reference itself, none could appear on behalf

of the workman in the reference which is related to an issue

of dismissal. Under these circumstances, it seems no longer

an Industrial Dispute; hence the case is closed as No

Industrial Dispute existing, and accordingly it is passed an

order of 'No Industrial Dispute'.

KISHORI RAM, Presiding Officer

ubZ fnYyh] 7 ebZ] 2015

dk-vk- 1024-—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj chlhlh,y ds

izca/kra= ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa

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

Je U;k;ky; uñ 2] /kuckn ds iapkV ¼lanHkZ la[;k 257@1999½ dks

izdkf'kr djrh gS tks dsUnzh; ljdkj dks 07@05@2015 dks izkIr gqvk

FkkA

[lañ ,y&20012@469@1998&vkbZ vkj ¼lh,e&1½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 7th May, 2015

S.O. 1024.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 257/

1999) of the Central Government Industrial 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 workman, which was received by the Central

Government on 07-05-2015.

[No. L-20012/469/1998-IR(CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO. 2) AT DHANBAD

PRESENT

Shri Kishori Ram, President Officer

In the matter of an Industrial Dispute under Section

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

REFERENCE NO. 257 of 1999

PARTIES

: The General Secretary,

Koyla Ispat Mazdoor Panchayat,

P.O. : Jharia (Dhanbad)

Vs.

The General Manager,

Govindpur Area No. III of M/s BCCL

PO : Sonardih, Dhanbad

Ministry's Order No. L-20012/469/98.I.R.

(C-1) dt 4.6.1999.

APPEARANCES:

On behalf of the workwoman/Union : Mr. S.C. Gaur,

Ld. Adv.

On behalf of the Management

: Mr. D.K. Verma,

Ld. Adv.

State

: Jharkhand

Industry

: Coal

Dated, Dhanbad, the 27th March, 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-20012/469/98-IR(C-I) dt. 4.6.1999.

SCHEDULE

"Whether the action of the Management of

Govindpur Area No. III of M/s BCCL to deny

reinstatement in services with full back wages and

all consequential benefits to Shri Kedar Singh is

justified? if not, what relief the concerned workman

is entitled to?"

2. Neither the Union Representaitve for the Koyla

ispat Mazdoor Panchayat nor workman Kedar Singh

appeared nor any witness for the evidence of the workman

produced, despite the last chance Mr. D.K. Verma, Lt.

Advocate for the OP/Managewment of Govindpur Area-

III is present.

On perusal of the case record, it is quite clear that the

case has been pending for the evidence of the workman all

along since 01.11.2004, for which three registered notices

dt. 13.06.2014, 02.08.2014 and 27.01.2015 apart from the

earlief ones were issued to the General Secretary of the

Union on his address noted in the Reference itself. But till

now, no response came from the Union Representative or

the workman. Such the conducts of the Union

Representative and the workman concerned prima facie

denote the fact that they are not willing to contest the case

for final adjudication over the issue of the action of the

Management denying the reinstatement of the workman in

his service with full back wages etc.

Under these circumstances, it is held that it is no

longer an industrial Dispute; hence an order of 'No Dispute

Award' is passed .

KISHORI RAM, Presiding Officer

ubZ fnYyh] 8 ebZ] 2015

dk-vk- 1025-—jk"Vªifr] dsUnzh; ljdkj vkS|ksfxd

vf/kdj.k&lg&Je U;k;ky;] caxykSj ds fjDr in gsrq fyad

vf/kdkjh ds :i esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k&lg&Je

U;k;ky; uañ 2] fnYyh ds ihBklhu vf/kdkjh Jh gjca'k dqekj lDlsuk

2210

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

dks rhu ekg dh vof/k rd vFkok fu;fer in/kkj.k dh fu;qfDr gksus

rd] buesa ls tks Hkh igys gks rc rd ds fy, vfrfjDr dk;ZHkkj

lkSairs gSaA

[la- ,&11016@03@2009&lh,y,l&II]

,lñ dsñ flag] voj lfpo

New Delhi, the 8th May, 2015

S.O. 1025.—The President is pleased to entrust

the additional charge of the post of Presiding Officer of

the Central Government Industrial Tribunal-cum-Labour

Court, Bangalore to Shri Harbans Kumar Saxena,

Presiding Officer, Central Government Industrial

Tribunal-cum-Labour Court, No. 2, New Delhi for a period

of three months or till the post is filled on regular basis,

whichever is earlier.

[No. A-11016/03/2009/CLS-II]

S. K. SINGH, Under Secy.

ubZ fnYyh] 8 ebZ] 2015

dk-vk- 1026-—jk"Vªifr] dsUnzh; ljdkj vkS|ksfxd

vf/kdj.k&lg&Je U;k;ky;] gSnjkckn ds fjDr in gsrq fyad vfèdkjh

ds :i esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k&lg&Je U;k;ky; uañ

2] /kuckn ds ihBklhu vf/kdkjh Jh fd'kksjh jke dks rhu ekg dh

vof/k rd vFkok fu;fer in/kkj.k dh fu;qfDr gksus rd] buesa ls tks

Hkh igys gks rc rd ds fy, vfrfjDr dk;ZHkkj lkSairs gSaA

[la- ,&11016@03@2009&lh,y,l&II]

,lñ dsñ flag] voj lfpo

New Delhi, the 8th May, 2015

S.O. 1026.—The President is pleased to entrust the

additional charge of the post of Presiding Officer of the

Central Government Industrial Tribunal-cum-Labour Court,

Hyderabad to Shri Kishori Ram Presiding Officer, Central

Government Industrial Tribunal-cum-Labour Court, No. 2,

Dhanbad for a period of three months or till the post is

filled on regular basis, whichever is earlier.

[No. A-11016/03/2009/CLS-II]

S. K. SINGH, Under Secy.

ubZ fnYyh] 8 ebZ] 2015

dk-vk- 1027-—jk"Vªifr] dsUnzh; ljdkj vkS|ksfxd

vf/kdj.k&lg&Je U;k;ky;] ,jukdqye ds fjDr in gsrq fyad

vf/kdkjh ds :i esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k&lg&Je

U;k;ky; psUUkbZ ds ihBklhu vf/kdkjh lqJh ds- ih- izlUUkk dqekjh

dks Ng ekg dh vof/k rd vFkok fu;fer in/kkj.k dh fu;qfDr gksus

rd] buesa ls tks Hkh igys gks rc rd ds fy, vfrfjDr dk;ZHkkj

lkSairs gSaA

[la- ,&11016@03@2009&lh,y,l&II]

,lñ dsñ flag] voj lfpo

New Delhi, the 8th May, 2015

S.O. 1027.—The President is pleased to entrust the

additional charge of the post of Presiding Officer of the

Central Government Industrial Tribunal-cum-Labour Court,

Ernakulum w.e.f. 25.05.2015 to Ms. K. P. Prasanna Kumari

Presiding Officer, Central Government Industrial Tribunal-

cum-Labour Court, Chennai for a period of six months or

till the post is filled on regular basis, whichever is earlier.

[No. A-11016/03/2009/CLS-II]

S. K. SINGH, Under Secy.

ubZ fnYyh] 11 ebZ] 2015

dk-vk- 1028-—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ,u,ylh ds

izcaèra= ds lac¼ 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;] pSUubZ ds iapkV ¼lanHkZ la[;k 52@2013½dks izdkf'kr djrh

gS tks dsUnzh; ljdkj dks 11@05@2015 dks izkIr gqvk FkkA

[lañ ,y&22013@1@2015&vkbZvkj ¼lh&2½]

eksñ tkfgn 'kjhQ] vuqHkkx vf/kdkjh

New Delhi, the 11th May, 2015

S.O. 1028.—In pursuance of Section 17 of the

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

Government hereby publishes the award of the Central

Government Industrial Tribunal-Cum-Labour Court Chennai

(52/2013) as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of the NLC and their workman, which was

received by the Central Government on 11/05/2015.

[No. L-22013/1/2015-IR (C-II)]

MD. ZAHID SHARIF, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL AT CHENNAI

Monday, the 1st December, 2014

Present : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 52/2013

(In the matter of the dispute for adjudication under clause

2 (A) (2) (1) of the Industrial Disputes Act, 1947 (as amended

by Act-24 of 2010 w.e.f. 15.09.2010) between the

Management of Neyveli Lignite Corporation Ltd., and Two

Others and their workman)

BETWEEN

Sri S. Ulaganathan

1st Party/Petitioner

AND

1. The Chief General Manager

: 2nd Party/1st Respondent

Administrative Officer, Mines-II

Neyveli Lignite Corporation

Neyveli

Cuddalore District

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2211

2. Thirumurugan Enterprises

: 2nd Party/2nd Respondent

NLC Register Contractor,

G.P. Nagar Periyakurichi

Neyveli-607802

3. The Special Offier

: 2nd Party/3rd Respondent

Management of Indco-Serve

Opp. Themal Station

Neyveli-607807

Appearance:

For the 1st Party/

: M/s T. Sivagnanasambandam,

Petitioner

V. Rajeshwari, Advocates

For the 2nd Party/

: M/s NAK Sarma & N. Nithianandam,

1st Management

Advocates

For the 2nd Party/

: Sri D. Muthukumar, Advocate

2nd Management

For the 2nd Party/

: M/s T.S. Gopaian & Co. Advocates

3rd Management

AWARD

This is an Industrial Dispute taken for adjudication

on the file under Sub-Section 2A (2) of Section-10 of the

Industrial Disputes Act, 1947.

2. The prayper of the petitioner in the Claim

Statement is to direct the Respondents to implement certain

demands raised by him in his demand letter dated 02.02.2012

and to reinstate him with back wages. The Respondents

have entered appearance and filed counter statements.

3. The petition which was filed as early as in May

2013 has reached the stage of enquiry long ago. The

petitioner has been getting adjournment of the matter

requesting time for adducing evidence. In spite of repeated

postponements, the petitioner has not been ready to lead

evidence in the case. He seems to be not interested in

proceeding with the matter. There is no meaning in going

on postponing the case. In the absence of any material in

support of the case of the petitioner, the petition is to be

answered against the petitioner.

Accordingly, the petition is dismissed.

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

corrected and pronounced of me in the open court on this

1st day of December, 2014)

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner

: None

For the 2nd Party/1st, 2nd &

: None

3rd Management

Documents Marked:

On the petitioner's side

Ex. No.

Date

Description

Nil

On the Management's side

Ex. No.

Date

Description

Nil

ubZ fnYyh] 11 ebZ] 2015

dk-vk- 1029-—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947

dk 14½ dh èkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ,Qñ lhñ vkbZñ

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

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

U;k;ky; dkuiqj ds iapkV ¼lanHkZ la[;k 92@2011½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 11@05@2015 dks izkIr gqvk FkkA

[lañ ,y&22011@21@2011&vkbZvkj ¼lh,e&II½]

eksñ tkfgn 'kjhQ] vuqHkkx vfèdkjh

New Delhi, the 11th May, 2015

S.O. 1029.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 92/2011) of

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

as shown in the Annexure, in the industrial dispute between

the management of Food Corporation of India, TC/3C, and

their workmen, received by the Central Government on

11/5/2015.

[No. L-22011/21/2011-IR(CM-II)]

MD. ZAHID SHARIF, Section Officer

ANNEXURE

BEFORE THE PRESIDING OFFICER,

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

CUM LABOUR COURT, KANPUR.

Present : Sri Shubhendra Kumar, HJS

Industrial Dispute No. 92 of 2011

Between—

The General Secretary,

Food Corporation of India Handling Workers Union,

8651, Arakashan Road,

Pahar Ganj,

New Delhi—55.

And

The General Manager,

Food Corporation of India,

TC/3C, Vibhuti Khand,

Gomti Nagar,

Lucknow-206010.

AWARD

1. Central Government, Mol, New Delhi, vide

notification No. L-22011/21/2011-IR(CM-II) dated

13.10.2011, has referred the following dispute for

adjudication to this tribunal—

2. Where the action of the management of Food

Corporation of India, Lucknow, in not regularizing the

services of contract labourers working in the notified

2212

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

depots as per notification No. 947(E) dated 23.04.2010 is

just & fair? To what relief the concerned labourers are

entitled to?

3. In the instant case after exchange of pleadings

between the parties when the case was taken up for hearing

on 29.07.2013, neither the union nor their workers were

present nor did file any further documents in the case

whereas the opposite party has filed their documents,

hence opportunity of workers union for filing documents

was closed by the tribunal and the case was fixed for

evidence of parties. The instant case was again taken up

for hearing on 30.12.2013, neither any one on behalf of

the union appeared before the tribunal nor any evidence

was adduced by the union in support of their claim,

therefore, the opportunity for adducing evidence by the

union was closed. Being so the opposite party also

submitted before the tribunal that they too did not willing

to file any evidence in the case.

4. It may be pointed out above that from the facts

and circumstances of the case it would hardly be necessary

to give full details of the case set up by the contesting

parties as apparently it is quite obvious that the union

raising the present dispute is not willing to contest the

case. Documents filed by the parties cannot be accepted

to be a valid piece of evidence unless proved by the witness

before the tribunal.

5. Therefore, the case was fixed for hearing arguments

and finally arguments in the case were heard on behalf of

the opposite party. During the course of arguments the

representative for the management has placed heavy

reliance on the decision of Hon'ble High Court of judicature

at Allahabad, reported 1981(29) V.K. Raj industries v. Labour

Court, wherein the Hon'ble Court has held—workman not

appearing nor producing evidence before Labour Court-

Labour Court had no jurisdiction to hold order illegal-Award

of Labour Court set aside.

6. Considering the facts and circumstances of the

case in its entirty coupled with the decision of the Hon'ble

High Court, Allahabad (supra), it is held that the union has

failed to establish its case before the tribunal, therefore,

the union cannot be held entitled for any relief as claimed

by them in the present reference for want of evidence and

proof.

7. Therefore, the claim of the union fails and as such

the reference is decided against the union holding that the

union is not entitled to seek any relief pursuant to the

present reference order.

SHUBHENDRA KUMAR, Presiding Officer

ubZ fnYyh] 11 ebZ] 2015

dk-vk- 1030-—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947

dk 14½ dh èkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj MCY;wñ lhñ ,yñ

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

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

U;k;ky;] tcyiqj ds iapkV ¼lanHkZ la[;k 3@2014½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 11@05@2015 dks izkIr gqvk Fkk

[lañ ,y&22012@143@2013&vkbZvkj ¼lh&II½]

eksñ tkfgn 'kjhQ] vuqHkkx vfèdkjh

New Delhi, the 11 May, 2015

S.O. 1030.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 3/2014) of

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

Jabalpur as shown in the Annexure, in the industrial dispute

between the management of Western Coal Limited,

Mahadevpuri, Khan, and their workmen, received by the

Central Government on 11/05/2015.

[No. L-22012/143/2013-IR(C-II)]

Md. ZAHID SHARIF, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL CUM LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/3/2014

General Secretary,

Joint Coal Mazdoor Sangh (INTUC),

Iklahra,

Distt. Chhindwara (MP)

....Workman/Union

Versus

Manager,

Western Coalfields Limited,

Mahadevpuri Khan,

Pench Region, Parasia,

Chhindwara (MP)

....Management

AWARD

Passed on this 16th day of April 2015

As per letter dated 9-12-2013 by the Government of

India, Ministry of Labour, New Delhi the reference is

received. The reference is made to this Tribunal under

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

143/2013-IR(C-II). The dispute under reference relates to:

"Whether the action of the management of Western

Coalfields Limited in terminating the services of

Shri Vinit Kumar, s/o Late Shri Hiralal, Tokan No. 917

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

concerned workman is entitled for?"

2. After receiving reference, notices were issued to

the parties. However General Secretary of Union Mahendra

Chatterjee instead of filing statement of claim submitted

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2213

application that workman Vinit Kumar doesnot want to

prosecute his claim. The application signed by Vinit Kumar

is enclosed with the application.

3. Management has given no objection. As such the

dispute between parties could not be adjudicated regarding

their evidence.

4. In the result, No Dispute Award is passed.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 14 ebZ] 2015

dk-vk- 1031-—tcfd eSllZ tqfcfy;UV ,xzh ,.M daT;wej

izksM~DVl fyfeVsM ¼mi {ks=h; dk;kZy;] uks,Mk ds dksM la[;k

;wih@55698 ds varxZr½ ¼blds i'pkr mDr izfr"Bku ds :i esa

mfYyf[kr½ us deZpkjh Hkfo"; fuf/k vkSj izdh.kZ mica/k vf/kfu;e]

1952 ¼1952 dk 19½ ¼blds i'pkr mDr vf/kfu;e ds :i esa

mfYyf[kr½ dh /kkjk 17 dh mi /kkjk ¼1½ ds [k.M ¼d½ ds varxZr

NwV ds fy, vkosnu fd;k gSA

2- vkSj tcfd dsUnz 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 mfYyf[kr dh rqyuk esa deZpkfj;ksa ds fy, de vuqdwy ugha gS

vkSj deZpkjh vU; Hkfo"; esa deZpkfj;ksa ds laca/k esa mDr vf/kfu;e

ds varxZr vFkok deZpkjh Hkfo"; fuf/k Ldhe] 1952 ¼blds i'pkr

mDr Ldhe ds :i esa mfYyf[kr½ ds varxZr iznku fd, tk jgs ykHkksa

dh rqyuk esa de vuqdwy ugha gSA

3- vr%] dsUnz ljdkj mDr vf/kfu;e dh /kkjk 17 dh mi

/kkjk ¼1½ ds [k.M ¼d½ }kjk iznku 'kfDr;ksa dk iz;ksx djrs gq,] bl

vf/klwpuk ds lkFk layXu 'krks± ds v/;k/khu mDr izfr"Bku dks vxyh

vf/klwpuk rd 01-02-2012 ls mDr ;kstuk ds lHkh mica/kksa ds izHkko

ls NqV iznku djrh gSA

[lañ ,l&35015@103@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%&

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 2 ¼p½ 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;sDrk 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,a] leqfpr

izkf/kdkjh }kjk ;Fkk vuqeksfnr] fuf/k ds vu;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'k

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 yfacr 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;

2214

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

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"; fufè

vk;qDr@{ks=h; Hkfo"; fuf/k vk;qDr }kjk funs'k fn;k tk,] lnL;ksa ds

ys[kksa dks bySDVªkWfud :i ls lEiszf"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 U;klh cksMZ vyx&vyx vkSj la;qDr

:i ls dsUnzh; Hkfo"; fuf/k vk;qDr ;k mlds izfrfu/k }kjk ;Fkk

vfèjksfir 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 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 [kkr 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;; 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 ,slh 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] ftlds ikl rFkk ftudh

lqj{kk vfHkj{kk esa U;kl ds uke ij 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 'krksZ/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

24- ¼d½ U;klh }kjk vuqjf{kr Hkfo"; fuf/k [kkrk fdlh ;ksX;

Lora= pkVZMZ ys[kkdkj }kjk okf"kZd :i ls ys[kk&ijh{kk djus ds

'krksZèhu 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

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2215

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 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 gqbZ 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 14th May, 2015

S.O. 1031.—Whereas M/s Jubilant Agri &

Consumer Products Limited [under Code No. UP/55698 in

Sub-Regional Office, Noida] (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 Miscellaneus 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 01.02.2012 until further

notification.

[No. S-35015/103/2014-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 directins as may be given

by the Central Government or the Central Provident

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 athe balance in their custoty. 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 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

2216

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

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

toward 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 tothe 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

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 realizationof 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

purchage 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

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2217

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 inits credit to the Regional

PF Commissioner concerned direcly 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

byt 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 fore 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 inthe 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

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 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] 14 ebZ] 2015

dk-vk- 1032-—tcfd eSllZ ftfu;l dalyVsaV~l fyfeVsM

[mi {ks=h; dk;kZy;] ikdZ LVªhV ds dksM la[;k MCY;wch@34609 ds

varxZr] ¼blds i'pkr mDr izfr"Bk ds :i esa mfYyf[kr½ us deZpkjh

Hkfo"; fuf/k vkSj izdh.kZ mica/k vf/kfu;e] 1952 ¼1952 dk 19½

¼blds i'pkr mDr vf/kfu;e ds :i esa mfYyf[kr½ dh /kkjk 17 dh

mi&/kkjk ¼1½ ds [k.M ¼d½ ds varxZr NwV ds fy, vkosnu fd;k gSA

2218

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

2- vkSj tcfd dsUnz 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 mfYyf[kr dh rqyuk esa deZpkfj;ksa ds fy, de vuqdwy ugha gS

vkSj deZpkjh vU; Hkfo"; fuf/k ykHkksa dk Qk;nk mBk jgs gSa dqy

feykdj blh izdkj ds fdlh vU; izfr"Bku esa deZpkfj;ksa ds laca/k

esa mDr vf/kfu;e ds varxZr vFkok deZpkjh Hkfo"; fuf/k Ldhe]

1952 ¼blds i'pkr mDr Ldhe ds :i esa mfYyf[kr½ ds varxZr

iznku fd, tk jgs ykHkksa dh rqyuk esa de vuqdwy ugha gSA

3- vr%] vc] dsUnz ljdkj mDr vf/kfu;e dh /kkjk 17 dh

mi&/kkjk ¼1½ ds [k.M ¼d½ }kjk iznku 'kfDr;ksa dk iz;ksx djrs gq,]

bl vf/klwpuk ds lkFk layXu 'krks± ds v/;k/khu mDr izfr"Bku dks

vxyh vf/klwpuk rd 01-01-2008 ls mDr ;kstuk ds lHkh mica/kksa

ds izHkko ls NqV iznku djrh gSA

[lañ ,l&35015@86@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%&

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 2 ¼p½ 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;sDrk U;klh cksMZ dks fdUgha ns;ksa

ds Hkqxrku esa fdlh foyEc ds fy, vf/kfu;e dh /kkjk 7 Fk ds

micaèksa 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 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 yfacr 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, 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"; fufè

vk;qDr@{ks=h; Hkfo"; fuf/k vk;qDr }kjk funs'k fn;k tk,] lnL;ksa ds

ys[kksa dks bySDVªkWfud :i ls lEiszf"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

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2219

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 U;klh cksMZ vyx&vyx vkSj la;qDr

:i ls dsUnzh; Hkfo"; fuf/k vk;qDr ;k mlds izfrfu/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 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 [kkr bl laca/k esa dsUnzh; ljdkj }kjk tkjh vuqns'kksa

ds vuqlkj Hkkjrh; fjtoZ cSad vkSj dsUnzh; ljdkjk }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;; 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 ,slh 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] ftlds 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

'krksZ/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

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 dh fLFkfr esa vfHk;kstu dk Hkkxh cuk,xkA

24- ¼d½ U;klh }kjk vuqjf{kr Hkfo"; fuf/k [kkrk fdlh ;ksX;

Lora= pkVZMZ ys[kkdkj }kjk okf"kZd :i ls ys[kk&ijh{kk djus ds

'krksZèhu 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

2220

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

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 gqbZ fdlh Hkh uqdlku dh fLFkfr esa fu;ksDrk uqdlku

iwjk djus dk Hkkxh gksxk

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 14th May, 2015

S.O. 1032.—Whereas M/s Genius Consultants

Limited [under Code No. WB/34609 in Sub-Regional Office,

Park Street] (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

Miscellaneus 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 01.01.2008 until further notification.

[No. S-35015/86/2001-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

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 custoty. 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 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

toward 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.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2221

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 tothe 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

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

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

purchage 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 direcly 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/

2222

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

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 be legally

binding on them and will make them liable fore 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

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 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] 14 ebZ] 2015

dk-vk- 1033-—tcfd eSllZ Hkkjrh; fjtoZ cSad uksV

eqnz.k izkbosV fyfeVsM [{ks=h; dk;kZy;] dukZVd ds dksM la[;k

ds,u@19774 ds varxZr] ¼blds i'pkr mDr izfr"Bk ds :i esa

mfYyf[kr½ us deZpkjh Hkfo"; fuf/k vkSj izdh.kZ mica/k vf/kfu;e]

1952 ¼1952 dk 19½ ¼blds i'pkr mDr vf/kfu;e ds :i esa

mfYyf[kr½ dh /kkjk 17 dh mi /kkjk ¼1½ ds [k.M ¼d½ ds varxZr

NwV ds fy, vkosnu fd;k gSA

2- vkSj tcfd dsUnz 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 mfYyf[kr dh rqyuk esa deZpkfj;ksa ds fy, de vuqdwy ugha gS

vkSj deZpkjh vU; Hkfo"; fuf/k ykHkksa dk Qk;nk mBk jgs gSa dqy

feykdj blh izdkj ds fdlh vU; izfr"Bku esa deZpkfj;ksa ds laca/k

esa mDr vf/kfu;e ds varxZr vFkok deZpkjh Hkfo"; fuf/k Ldhe]

1952 ¼blds i'pkr mDr Ldhe ds :i esa mfYyf[kr½ ds varxZr

iznku fd, tk jgs ykHkksa dh rqyuk esa de vuqdwy ugha gSA

3- vr%] dsUnz ljdkj mDr vf/kfu;e dh /kkjk 17 dh mi&

èkjk ¼1½ ds [k.M ¼d½ }kjk iznku 'kfDr;ksa dk iz;ksx djrs gq,] bl

vf/klwpuk ds lkFk layXu 'krks± ds v/;k/khu mDr izfr"Bku dks vxyh

vf/klwpuk rd 01-03-1997 ls mDr ;kstuk ds lHkh mica/kksa ds

izHkko ls NqV iznku djrh gSA

[lañ ,l&35015@4@2001&,l,l&II]

lqHkk"k dqekj] voj lfpo

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2223

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%&

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 2 ¼p½ 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;sDrk U;klh cksMZ dks

fdUgha ns;ksa ds Hkqxrku esa fdlh foyEc ds fy, vf/kfu;e dh /kkjk 7

Fk 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'k

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 yfacr 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, 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"; fufè

vk;qDr@{ks=h; Hkfo"; fuf/k vk;qDr }kjk funs'k fn;k tk,] lnL;ksa ds

ys[kksa dks bySDVªkWfud :i ls lEiszf"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 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

2224

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

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; ljdkjk }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 ,slh 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] ftlds ikl rFkk ftudh

lqj{kk vfHkj{kk esa U;kl ds uke ij 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 'krksZ/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 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 dh

fLFkfr esa vfHk;kstu dk Hkkxh cuk,xkA

24- ¼d½ U;klh }kjk vuqjf{kr Hkfo"; fuf/k [kkrk fdlh ;ksX;

Lora= pkVZMZ ys[kkdkj }kjk okf"kZd :i ls ys[kk&ijh{kk djus ds

'krksZèhu 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

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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

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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 gqbZ fdlh Hkh uqdlku dh fLFkfr esa fu;ksDrk uqdlku

iwjk djus dk Hkkxh gksxk

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

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2225

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 14th May, 2015

S.O. 1033.—Whereas M/s Bharatiya Reserve Bank

Note Mudran Pvt. Ltd. [under Code No. KN/19774 in

Karnataka 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 Miscellaneus 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 01.03.1997 until further

notification.

[No. S-35015/4/2001-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

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 customy. 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 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

toward 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.

2226

THE GAZETTE OF INDIA : MAY 16, 2015/VAISAKHA 26, 1937

[PART II—SEC. 3(ii)]

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

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 him.

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

purchage 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 direcly 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

byt 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 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.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ebZ 16] 2015@oS'kk[k 26] 1937

2227

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

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 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 communiated.

Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-110064

and Published by the Controller of Publications, Delhi-110054.