foÙk ea=kky;

(foÙkh; lsok,a foHkkx)

ubZ fnYyh] 16 vizSy] 2015

dk-vk-1132-—cSaddkjh fofu;e vf/fu;e] 1949 (1949

dk 10) dh /kjk 53 }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs gq,]

dsUnh; ljdkj] ,rn~}kjk] Hkkjrh; fj”koZ cSad dh vuq'kalk ij ;g

?kks"k.kk djrh gS fd mDr vf/fu;e dh /kjk 10 dh mi/kjk (1)

ds [k.M (x) ds mi[k.M (i) ds mica/ bf.M;u vksojlht cSad

ij ykxw ugha gksaxs] tgka rd mudk laca/ cSad ds izca/ funs'kd ,oa

eq[; dk;Zdkjh vf/dkjh (lhbZvks) Jh vkj- dksVh'oju dks la;qDr

m|e daiuh&;wfuolZy lksEiks tujy ba';ksjsa'k daiuh fyfeVsM ds

cksMZ esa ukfer djus ls gSA

[iQk-la- 13@2@2015&chvks&I]

fot; eYgks=kk] voj lfpo

MINISTRY OF FINANCE

(Department of Financial Services)

New Delhi, the 16th April, 2015

S.O. 1132.—In exercise of the powers conferred by

Section 53 of the Banking Regulation Act, 1949 (10 of 1949),

the Government of India on the recommendations of the

Reserve Bank of India, hereby declare that the provisions

of sub-clauses (i) of clause (c) of sub-section (1) of Section

10 of the said Act shall not apply to Indian Overseas Bank

in so far as it relates to the nomination of Shri R.

Koteeswaran, MD & CEO, of the Bank as Director of Joint

Venture Company- Universal Sompo General Insurance

Company Limited.

[F. No. 13/2/2015-BO.I]

VIJAY MALHOTRA, Under Secy.

izkf/dkj ls izdkf'kr

PUBLISHED BY AUTHORITY

lkIrkfgd

WEEKLY

la- 23]

ubZ fnYyh] ebZ 31—twu 6] 2015] 'kfuokj@T;s"B 10—T;s"B 16] 1937

No. 23]

NEW DELHI, MAY 31—JUNE 6, 2015, SATURDAY/JYAISTHA 10—JYAISTHA 16, 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)

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

REGD. NO. D. L. (N) 04/0007/2003—05

2287 GI/2015

(2469)

2470

THE GAZETTE OF INDIA : JUNE 6, 2015/JYAISTHA 16, 1937

[PART II—SEC. 3(ii)]

ubZ fnYyh] 23 vizSy] 2015

dk-vk-1133.—cSaddkjh fofu;e vf/fu;e] 1949 (1949

dk 10) dh /kjk 53 }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs gq,]

dsUnzh; ljdkj] ,rn~}kjk] Hkkjrh; fjtoZ cSad dh vuq'kalk ij ;g

?kks"k.kk djrh gS fd mDr vf/fu;e dh /kjk 10 dh mi&/kjk (1)

ds [k.M (x) ds mi&[k.M (i) ds mica/ vksfj;aVy cSad vkWiQ

dkelZ ij ykxw ugha gksaxs] tgka rd mudk laca/ cSad ds izca/

funs'kd ,oa eq[; dk;Zdkjh vf/dkjh Jh vfues'k pkSgku dks dsujk

,p,lchlh vksfj;aVy cSad vkiQ dkelZ ykbiQ ba';ksjsa'k daiuh

fyfeVsM ds cksMZ esa funs'kd (xSj&dk;Zdkjh) ukfer djus ls gSA

[iQk- la- 13@4@2015&chvks&I]

fot; eYgks=kk] voj lfpo

New Delhi, the 23rd April, 2015

S.O.1133.—In exercise of the powers conferred

by Section 53 of the Banking Regulation Act, 1949 (10

of 1949), the Government of India on the

recommendation of the Reserve Bank of India, hereby

declare that the provisions of sub-clauses (i) of clause

(c) of sub-section (1) of Section 10 of the said Act shall

not apply to Oriental Bank of Commerce in so far as it

relates to the nomination of Shri Animesh Chauhan, MD

& Chief Executive Officer, of the Bank as Director (Non-

executive) on the board of Canara HSBC Oriental Bank

of Commerce Life Insurance Co. Ltd.

[F. No. 13/4/2015-BO.I]

VIJAY MALHOTRA, Under Secy.

ubZ fnYyh] 14 ebZ] 2015

dk-vk-1134-—cSaddkjh fofu;e vf/fu;e] 1949 (1949

dk 10) dh /kjk 53 }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs gq,]

dsUnzh; ljdkj] Hkkjrh; fj”koZ cSad dh fliQkfj'k ij ,rn~}kjk] ;g

?kks"k.kk djrh gS fd mDr vf/fu;e dh /kkjk 10 dh mi&/kjk

(1) ds [k.M (x) ds mi&[k.M (i) ds mica/ cSad vkiQ cM+kSnk

ij ykxw ugha gksaxs] tgka rd bldk laca/ cSad ds izca/ funs'kd ,oa

eq[; dk;Zdkjh vf/dkjh (vfrfjDr izHkkj) Jh jatu /ou dks

eSllZ cM+kSnk ik;fu;j vlsV eSustesaV daiuh fy- (chih,,elh,y)

vkSj eSllZ bafM;k iQLVZ ykbiQ ba';ksjsa'k fyfeVsM

(vkbZ,iQ,yvkbZlh,y) ds cksMZ esa funs'kd ukfer djus ls gSA

[iQk- la- 13@18@2012&chvks&I]

fot; eYgks=kk] voj lfpo

New Delhi, the 14th May, 2015

S.O.1134.— In exercise of the powers conferred

by Section 53 of the Banking Regulation Act, 1949 (10

of 1949), the Government of India on the recommendation

of the Reserve Bank of India, hereby declare that the

provisions of sub-clauses (i) of clause (c) of sub-section

(1) of Section 10 of the said Act shall not apply to Bank

of Baroda in so far as it relates to the nomination of Shri

Ranjan Dhawan, MD & CEO (Addl. Charge), of the Bank

as Director on the Boards of M/s. Baroda Pioneer Asset

Management Company Ltd. (BPAMCL) and M/s. India

First Life Insurance Company Limited (IFLICL).

[F. No. 13/18/2012-BO-I]

VIJAY MALHOTRA, Under Secy.

ubZ fnYyh] 15 ebZ] 2015

dk-vk-1135.—jk"Vªh;d`r cSad (izca/ ,oa izdh.kZ mica/)

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

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

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

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

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

v#.k JhokLro (tUe frfFk 17-06-1957) dks muds inHkkj xzg.k

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

rkjh[k rd vFkok vxys vkns'kksa rd] tks Hkh igys gks]

75]500&80]000 #i, ds osrueku esa flafMdsV cSad ds izca/

funs'kd ,oa eq[; dk;Zdkjh vf/dkjh ds :i esa fu;qDr djrh gSA

[iQk- la- 4@4@2013&chvks&I]

fot; eYgks=kk] voj lfpo

New Delhi, the 15th May, 2015.

S.O.1135.—In exercise of the powers conferred

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

Companies (Acquisition and Transfer of Undertakings)

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

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

(Management & Miscellaneous Provisions) Scheme, 1970/

1980, the Central Government hereby appoints Shri Arun

Shrivastava (Date of Birth: 17.06.1957), Executive Director,

Bank of India as Managing Director & Chief Executive

Officer, Syndicate Bank in the scale of pay of Rs.75,500-

80,000 from the date of his taking over of the charge of the

post and upto the age of his superannuation, or until further

orders, whichever is earlier.

[F. No. 4/4/2013-BO-I]

VIJAY MALHOTRA, Under Secy.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % twu 6] 2015@T;s"B 16] 1937

2471

ubZ fnYyh] 15 ebZ] 2015

dk-vk-1136.µjk"Vªh;d`r cSad (izca/ ,oa izdh.kZ mica/)

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

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

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

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

ljdkj] ,rn~}kjk] cSad vkWiQ bafM;k ds egkizca/d Jh vkj-,- 'kadj

ukjk;.ku (tUe frfFk 23-01-1960) dks muds inHkkj xzg.k djus

dh rkjh[k ls 31-01-2020 vFkkZr~ muds vf/of"kZrk dh vk;q izkIr

djus dh rkjh[k rd vFkok vxys vkns'kksa rd] tks Hkh igys gks]

65]000&78]000 #i, ds osrueku esa cSad vkWiQ bafM;k ds dk;Zikyd

funs'kd ds :i esa fu;qDr djrh gSA

¹iQk- la- 4@5@2013&chvks&Iº

fot; eYgks=kk] voj lfpo

New Delhi, the 15th May, 2015

S.O.1136.—In exercise of the powers conferred by

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

Companies (Acquisition and Transfer of Undertakings)

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

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

(Management & Miscellaneous Provisions) Scheme, 1970/

1980, the Central Government hereby appoints Shri R.A.

Sankara Narayanan, (Date of Birth: 23.01.1960),General

Manager, Bank of India as Executive Director, Bank of

India in the scale of pay of Rs.65,000-78,000 with effect

from the from the date of his taking over of the charge

of the post and upto 31.01.2020, i.e. till the date of his

superannuation, or until further orders, whichever is the

earlier.

[F. No. 4/5/2013-BO-I]

VIJAY MALHOTRA, Under Secy.

ubZ fnYyh] 29 ebZ] 2015

dk-vk- 1137.—chek fofu;ked vkSj fodkl izkf/dj.k

vf/fu;e] 1999 (1999 dk 41) dh /kjk 4 }kjk iznÙk 'kfDr;ksa

dk iz;ksx djrs gq,] dsUnzh; ljdkj] ,rn~}kjk] cSad vkWiQ bafM;k dh

vè;{k ,oa izca/ funs'kd Jherh fot;y{eh jktkjke vÕ;j dks

in dk dk;ZHkkj xzg.k djus dh rkjh[k ls 5 o"kZ dh vof/ ds fy,

vFkok muds 62 o"kZ dh vk;q izkIr dj ysus rd vFkok vxys

vkns'kksa rd] tks Hkh igys gks] Hkkjrh; chek fofu;ked vkSj fodkl

izkf/dj.k (vkbZvkjMh,vkbZ) esa fcuk vkokl ,oa dkj dh lqfo/k

ds 3-75 yk[k #i, izfrekg ds lesfdr osru iSdst esa iw.kZdkfyd

lnL; (foÙk ,oa fuos'k) ds :i esa fu;qDr djrh gSA

[iQk- la- vkj&16011@01@2014&chek&I]

,u- Jhfuokl jko] funs'kd (chek)

New Delhi, the 29th May, 2015

S.O.1137.—In exercise of the powers conferred by

Section 4 of the Insurance Regulatory and Development

Authority Act, 1999 (41 of 1999), the Central Government

hereby appoints Smt. Vijayalaxmi Rajaram Iyer, CMD, Bank

of India as Whole- Time Member (Finance & Investment)

in the Insurance Regulatory and Development Authority

of India (IRDAI) in the consolidated pay package of Rs.

3.75 lakh per month, without facility of house and car, for

a period of five years with effect from the date of

assumption of charge of the post or till she attains the age

of 62 years or until further orders, whichever is the earliest.

[F. No. R-16011/01/2014-Ins-I]

N. SRINIVASA RAO, Director (Insurance)

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

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

ubZ fnYyh] 25 ebZ] 2015

dk-vk-1138.—dsUnz ljdkj] fnYyh fo'ks"k iqfyl LFkkiu

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

lkFk ifBr /kjk 5 dh mi&/kjk (1) }kjk iznÙk 'kfDr;ksa dk iz;ksx

djrs gq, vka/z izns'k jkT; ljdkj dh lgefr ls fnukad 15 vizSy]

2014 dh vf/lwpuk la- th-vks-,e-,l- la- 73 }kjk osjkole

iqfyl LVs'ku esa ntZ fd, x, vijk/ ekeyk la- 30@12] ikykdksyw

'kgjh iqfyl LVs'ku esa ntZ fd, x, vijk/ ekeyk la[;k 63@2012

rFkk ikykdksyw xzkeh.k iqfyl LVs'ku ds vijk/ vUos"k.k foHkkx esa

ntZ fd, vijk/ ekeyk la- 32@2012 ds nq"iz;klksa] ps"Vkvksa rFkk

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

dh 'kfDr;ksa ,oa {ks=kkf/dkjh dk foLrkj ,rn~}kjk laiw.kZ vka/z izns'k

jkT; ij djrh gSA

[iQk- la- 228@44@2014&,ohMh&II]

vthr dqekj] voj lfpo

MINISTRY OF PERSONNEL, PUBLIC

GRIEVANCES AND PENSIONS

(Department of Personnel and Training)

New Delhi, the 25th May, 2015

S.O.1138.—In exercise of the powers conferred

by sub-section (1) of section 5 read with section 6 of

the Delhi Special Police Establishment Act, 1946 (Act

No. 25 of 1946), the Central Government with the consent

of the State Government of Andhra Pradesh, Home

(SC.A) Department vide Notification G.O. Ms. No. 73

dated 15th April, 2014, hereby extends the powers and

Jurisdiction of the members of the Delhi Special Police

Establishment to the whole of the State of Andhra Pradesh

for investigation of Crime No. 30/12 registered at Police

Station Veravasam, Crime No. 63/2012 registered at

2472

THE GAZETTE OF INDIA : JUNE 6, 2015/JYAISTHA 16, 1937

[PART II—SEC. 3(ii)]

Police Station Palakollu Town and Crime No. 32/2012

registered at Palakolu Rural Police Station of Crime

Investigation Department and attempts, abetments and

conspiracies in relation to the above mentioned

offences.

[F. No. 228/44/2014-AVD-II]

AJIT KUMR, Under Secy.

ubZ fnYyh] 29 ebZ] 2015

dk-vk.1139.—dsUnzh; ljdkj] ,rn~}kjk fnYyh fo'ks"k

iqfyl LFkkiuk vf/fu;e 1946 (1946 dk vf/fu;e 25) dh

/kjk 6 lgifBr /kjk 5 dh mi&/kjk (1) }kjk iznÙk 'kfDr;ksa dk

iz;ksx djrs gq, jktLFkku ljdkj ds x`g (th-vkj- V) foHkkx dh

vf/lwpuk la[;k ,iQ- 19(17) x`g&5@2015 fnukad 27-5-2015

}kjk izkIr lgefr ls Fkkuk esM+rk flVh] ftyk ukxkSj] jktLFkku esa

ntZ vijk/ la[;k 168@15 ,oa 169@15 fnukad 14-5-2015 rFkk

mijksDr vijk/ ls tqM+s ;k lacaf/r iz;kl] mdlkuk vkSj "kM~;a=k

djus vkSj bl pyu esa vU; fd, x, ;k mUgha rF;ksa ls mn~Hkwr

fdlh vijk/ ,oa vijk/ksa dk vUos"k.k djus ds fy, fnYyh fo'ks"k

iqfyl LFkkiuk ds lnL;ksa dh 'kfDr;ksa vkSj vf/dkfjrk dk foLrkj

laiw.kZ jktLFkku jkT; ij djrh gSA

[iQk- la- &228@21@2015&,ohMh&II]

vthr dqekj] voj lfpo

New Delhi, the 29th May, 2015

S.O.1139.—In exercise of the powers conferred by

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

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

the Central Government with the consent of the Govt. of

Rajasthan vide Home (GR.-V) Deptt. Notification No. F.

19(17) Home-5/2015 dated 27.5.2015 hereby extends the

powers and jurisdiction of the members of the Delhi Special

Police Establishment to the whole of the State of Rajasthan

for the investigation of FIR No. 168/15 and FIR No. 169/15

dated 14.5.2015 registered at Police Station Merta City,

District Nagaur, Rajasthan and attempts, abetments and

conspiracies in relation to or in connection with the above

mentioned offences and any other offence or offences

committed in the course of the same transaction or

arising out of the same facts in relation to the aforesaid

case.

[F. No. 228/21/2015-AVD-II]

AJIT KUMAR, Under Secy.

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

(miHkksDrk ekeys foHkkx)

(Hkkjrh; ekud C;wjks)s

ubZ fnYyh] 20 ebZ] 2015

dk-vk.1140.—Hkkjrh; ekud C;wjks (izek.ku) fofu;e 1988 ds fofu;e 4 ds mifofu;e (5) ds vuqlj.k esa Hkkjrh; ekud C;wjks ,rn~}kjk vf/lwfpr djrk

gS fd ftu ykblsalksa ds fooj.k uhps vuqlwph esa fn, x, gSa] os Lohd`r dj fn, x, gSa%&

vuqlwph

Øe

ykblsa'k la[;k

Lohd`fr djus dh

ykblsal/kjh dk uke ,oa irk

Hkkjrh; ekud

Hkkek la-@Hkkx@

la[;k

frfFk o"kZ@ekg

dk 'kh"kZd

[k.M@o"kZ

1

7800000209

09@01@2015

o/Zeku m|ksx

fLFkj lapkjd Vkbi ikuh xje

Hkkek 2082%1993

xkyk 126] igyk ekyk]

djus okys fctyh ds ghVj

fgjkuankuh b.MLVªh;y bLVsV]

jsyos LVs'ku ds lkeus dkatqjekxZ&i

eqacbZ&400078

2

7800000310

23@01@2015

ds lh ikojVªsDl

ØklfyaDM ikWyhfFkyhu fo|qrjks/h

Hkkek 7098%

losZ la- 185@1@1] IykWV la- 7

ihohlh vkofjr dscy Hkkx 1] 1100 oks- Hkkx1%1988

nksdenhZ] veyh xkao] flyoklk]

rd ,oa lfgr dk;Zdkjh oksYVrk gsrq

ftyk nknjk ,oa uxj gosyh&396230

[la- dsUnzh; izek.ku foHkkx@13%11]

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

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % twu 6] 2015@T;s"B 16] 1937

2473

MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION

(Department of Consumer Affairs)

(Bureau of Indian Standards)

New Delhi, the 20th May, 2015

S.O.1140.—In pursuance of sub-regulation (5) of regulation 4 of the Bureau of Indian Standards (Certification)

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

in the following schedule:

SCHEDULE

Sl.

Licence

Grant

Name and address (factory)

Product

IS No./Part/

No.

No.

Date

of the party

Sec Year

1.

7800000209

09/01/2015

VARDHAMAN UDYOG

Stationery storage type

IS 2082 : 1993

GALA No. 126, 1ST FLOOR,

electric water heaters

HIRANANDANI

INDL ESTATE, OPP RAILWAY STN.

KUNJURMARG MUMBAI-400078

2.

7800000310

23/01/2015

K C POWER TRACKS

Crosslinked polythylene

IS 7098 :

SURVEY No. 185/1/1,

insulated pvc sheathed

Part 1 : 1988

PLOT NO. 7, DOKMARDI,

cables: part 1 for working

VILLAGE AMLI, SILVASSA,

voltage upto and including

Distt: Dadra and Nagar

1100 v.

Haveli-396230

[No. CMD/13:11]

T. KALAIVANAN, Head (MUBO-EEE)

ubZ fnYyh] 20 ebZ] 2015

dk-vk. 1141.—Hkkjrh; ekud C;wjks (izek.ku) fofu;e 1988 ds fofu;e 5 ds mifofu;e (6) ds vuqlj.k esa Hkkjrh; ekud C;wjks

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

vuqlwph

Øe

ykblsa'k la[;k ykblsal/kjh dk uke ,oa irk

ykblsal ds varxZr oLrq@izde lac¼

jí djus dh frfFk

la[;k

Hkkjrh; ekud dk 'kh"kZd

1-

0557352

e;wj dylZ 5] ueZnk b.M- bLVsV

Hkk-ek- 5346 % 1994

15@01@2015

f=kewrhZ b,uth] xksMnso ukdk fc-ih- jksM] flaFksVhd iQqM dyj izhijs'ku vkSj feDplZ

Hkkb±nj bZLV] ftyk Fkk.ks & 401105

[la- dsUnzh; izek.ku foHkkx@13%13]

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

2474

THE GAZETTE OF INDIA : JUNE 6, 2015/JYAISTHA 16, 1937

[PART II—SEC. 3(ii)]

New Delhi, the 20th May, 2015

S.O.1141.—In pursuance of sub-regulation (6) of regulation 5 of the Bureau of Indian Standards (Certification)

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

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

SCHEDULE

Sl.

Licence

Name and address

Article/process with relevant

Date of

No.

No.

of the licensee

Indian standard covered by the

cancellation

Licence

1.

0557352

MAYUR COLOURS

IS 5346 : 1994

15/01/2015

5, NARMADA IND. ESTATE,

Synthetic food colour—preparations

TRIMURTI ENG., GODDEO NAKA

and mixtures

B.P. ROAD, BHAYANDER (E)

Distt: Thane - 401105

[No. CMD/13:13]

T. KALAIVANAN, Head (MUBO-EEE)

ubZ fnYyh] 27 ebZ] 2015

dk-vk. 1142.—Hkkjrh; ekud C;wjks (izek.ku) fofu;e 1988 ds fofu;e 4 ds mifofu;e (5) ds vuqlj.k esa Hkkjrh; C;wjks

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

vuqlwph

Øe

ykblsals

Lohd`fr djus

ykblsal/kjh dk

Hkkjrh; ekud

Hkkek la-@

la[;k la[;k

dh frfFk

uke ,oa irk

dk 'kh"kZd

Hkkx@[k.M@o"kZ

o"kZ@ekg

1-

7800000411 05@02@215

vk'khZokZn b.MLVªht

ØklfyaDM ikWyhfFkyhu fon;qrjhs/h ihohlh

Hkkek 7098%

IykWV la[;k 6@9]

vkofjr dscy Hkkx 1]1100 oks- rd

Hkkx 1: 1988

vktkn lksi iQSDVªh ds utnhd]

,oa lfgr dk;Zdkjh oksYVrk gsrq

vktkn uxj] [ksekuh]

vksVh lsD'ku&2]

mYgkluxj&421002

2-

7800000512 06@02@2015

fotu b.MLVªht

?kjsyq vkSj leku iz;kstuksa ds fy, fLops

Hkkek 3854%1997

112] U;w lrxq: ukud

b.M bLVsV xksjsxkWo iwoZ

eqacbZ&400063

3-

7800000613 06@02@2015

ihOgh,u iQSczhDl izk-fy-

oL=kkfn&50 fdyksxzke vukt dh iSdsftax

Hkk ek 14887%

losZ ua- 39@3] 40@1 la- 40@6

ds fy, mPp ?kuRo ikWuhfFkyhu ,pMhihbZ

2014

vkSj 41@3] foyst Mksjh dMkb;k ikWihizksihyhu (ihih) cquk cksjs

ne.k] ne.k&396210

4-

7800000807 13@02@2015

fgUnqLrku bulsDVhlkbM fy-

eksuksØksVksiQksl] rduhdh

Hkk ek 8025%

(Hkkjr ljdkj dk miØe)

1990

jlk;uh] iuosy

ftyk jk;x<&4102207

5-

7800000714 19@02@2015

xzsfl;k esVy izk- fy-

1100 oksYV rd dk;Zdkjh oksYVrk ds fy,

Hkk ek 1554

IykWV la- 8@117@,&2]

ihohlh jksf/r (Hkkjh M;qVh) fo|qr dscy

(Hkkx 1)% 1988

flesaV iQSDVjh ds utnjhd

vkexkWo b.M- ,fj;k] ryklh]

ftyk Bk.ks&401106

[la- dsUnzh; izek.ku foHkkx@13%11]

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

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % twu 6] 2015@T;s"B 16] 1937

2475

New Delhi, the 27th May, 2015

S.O.1142.—In pursuance of sub-regulation (5) of regulation 4 of the Bureau of Indian Standards (Certification)

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

given in the following schedule:

SCHEDULE

Sl.

Licence

Grant

Name and address (factory)

Product IS No.Part/Sec Year

No.

No.

Date

of the party

1.

7800000411

05/02/2015

Ashirwad Industries

Crosslinked polyethylene

IS 7098 : Part 1

Plot No. 6/9

insulated pvc sheathed cables:

: 1988

Near Azzad Soap Factory,

part 1 for working voltage

Azzad Nagar, Khemani, OT Section 2

upto and including 1100v

Ulhasnagar - 421004

2.

7800000512

06/02/2015

Vision Industires

Switches for domestic and similar

IS 3854 : 1997

112, New Satguru Nanak Indl. Estate,

purposes

Off. Western Express Highway,

Goregaon (E), Mumbai-400063

3.

7800000613

06/2/2015

PVN Fabrics Pvt. Ltd.

Textiles-high density polyethylene IS 14887 : 2014

Survey No. 39/3, 40/1 to 40/6 & 41/3,

(hdpe) polypropylene (pp) woven

Village: Dori Kadaiya

sacks for packing 50 kg/25 kg.

Daman

foodgrains-

Daman & Diu - 396210

4.

7800000807

13/02/2015

Hindustan Insecticides Ltd.

Monocrotophos, technical-

IS 8025 : 1990

(Govt of India Enterprises)

Rasayani Panvel

Dist. - Raigad - 410207

5.

7800000714

19/02/2015

Gracia Metals Pvt. Ltd.

Pvc insulated (heavy duty)

IS 1554 : Part 1

Plot No. 8/117/A-2,

electric cables: part 1 for working

: 1988

Near Cemant Factory,

voltages upto and including 1100 v

AAmgaon Indl Area

Talasari

Dist : Thane - 401106

[No. CMD/13:11]

T. KALAIVANAN, Head (MUBO-EEE)

Ñf"k ea=kky;

(Ñf"k vkSj lgdkfjrk foHkkx)

ubZ fnYyh] 2 twu] 2015

dk-vk.1143.—lkoZtfud ifjlj (vuf/d`r vfrØe.k jksdFkke) vf/fu;e] 1971 (1971 dk 40) dh /kjk 3 esa çnÙk 'kfDr;ksa

dk ç;ksx djrs gq, dsUæ ljdkj daiuh vf/fu;e] 1956 (1956 dk 1) ds rgr LFkkfir dsUæh; lkoZtfud {ks=k miØe] jk"Vªh; cht fuxe

ds vf/dkfj;ksa rFkk ljdkj ds jktif=kr vf/dkjh ds in ds lerqY; vf/dkfj;ksa dks mDr vf/fu;e ds ç;kstu ds fy, laink vf/dkfj;ksa

ds #i esa fu;qDr djrh gS A ;s laink vf/dkjh çnÙk 'kDfr;ksa dk ç;ksx djsaxs vkSj lacaf/r ifjlaifÙk;ksa vFkok mDr fuxe dh vksj ls vFkok

}kjk yht ij yh xbZ ifjlaifÙk;ksa esa dfFkr rkfydk ds dkWye 3 esa fofufnZ"V U;k; {ks=k ds vk/kj ij fu/kZfjr dk;Z djsaxs A

rkfydk

Ø-la-

in

U;k; {ks=k dh LFkkuh; lhek

(1)

(2)

(3)

1

çHkkjh funs'kd] dsUæh; jkT; iQkeZ] lwjrx<+] jktLFkku

lacaf/r dsUæh; jkT; iQkeZ ds

2

çHkkjh funs'kd] dsUæh; jkT; iQkeZ] ljnkjx<+] jktLFkku

U;k; {ks=k ds rgr {ks=k

3

çHkkjh funs'kd] dsUæh; jkT; iQkeZ] tSrlj] jktLFkku

4

çHkkjh funs'kd] dsUæh; jkT; iQkeZ] fglkj] gfj;k.kk

5

çHkkjh funs'kd] dsUæh; jkT; iQkeZ] jk;pwj] dukZVd

6

çHkkjh funs'kd] dsUæh; jkT; iQkeZ] uygVh] if'pe caxky

[iQk-la- 6&8@2015&,l-Mh&I]

jkedqekj] voj lfpo

2476

THE GAZETTE OF INDIA : JUNE 6, 2015/JYAISTHA 16, 1937

[PART II—SEC. 3(ii)]

MINISTRY OF AGRICULTURE

(Department of Agriculture and Cooperation)

New Delhi, the 2nd June, 2015

S.O.1143.—In exercise of the powers conferred by section 3 of the Public Premises (Eviction of Unauthorised

Occupants) Act, 1971 (40 of 1971), the Central Government hereby appoints the officers specified in column (2) of

the Table below, being officers of the National Seeds Corporation, a Central Public Sector Enterprise established

under the Companies Act, 1956 ( 1 of 1956) and being officers equivalent to the rank of a gazetted officer of Government

to be estate officers for the purpose of the said Act and the said estate officers shall exercise the powers conferred and

perform the duties imposed on estate officers by or under the said Act within the local limits of their respective

jurisdiction specified in column (3) of the said table in respect of the properties belonging to or taken on lease by or

on behalf of the said Corporation.

TABLE

Sl. No.

Designation

Local limits of jurisdiction

(1)

(2)

(3)

1.

Director Incharge, Central State Farm, Suratgarh, Rajasthan.

Area under the jurisdiction of

respective Central State Farm.

2.

Director Incharge, Central State Farm, Sardargarh, Rajasthan

3.

Director Incharge, Central State Farm, Jetsar, Rajasthan

4.

Director Incharge, Central State Farm, Hisar, Haryana

5.

Director Incharge, Central State Farm, Raichur, Karnataka

6.

Director Incharge, Central State Farm, Nalhati, West Bengal

[F. No. 6-8/2015-S.D.-I ]

RAM KUMAR, Under Secy.

ekuo lalk/u fodkl ea=kky;

(LowQy f'k{kk vkSj lk{kjrk foHkkx)

ubZ fnYyh] 3 twu ] 2015

dk- vk.1144.—osQUnzh; ljdkj] ljdkjh LFkku (vizkf/d`r vf/Hkksfx;ksa dh csn[kyh) vf/fu;e] 1971 (1971 dk 40) dh /kjk 3

}kjk iznÙk 'kfDr;ksa dk iz;ksx djrs gq,] uhps lkj.kh osQ LraHk (2) esa of.Zkr vf/dkfj;ksa dks] jk"Vªh; 'kSf{kd vuqla/ku vkSj izf'k{k.k ifj"kn~

(,ulhbZvkjVh)vkSj mldh la?kVd bdkbZ osQ vf/dkjh gksus osQ dkj.k] tks Hkkjr ljdkj esa jktif=kr iafDr osQ vf/dkjh osQ lerqY; gSa] bl

vf/fu;e osQ iz;kstuksa osQ fy, laink vf/dkjh fu;qDr djrh gSA vkSj mDr vf/dkjh] mDr lkj.kh osQ LraHk (3) esa rRLFkkuh izfof"V esa

fofufnZ"V ljdkjh LFkkuksa osQ oxksZa dh ckcr vius vf/dkj {ks=k dh lhekvksa osQ Hkhrj mDr vf/fu;e }kjk vkSj mlosQ v/hu laink vf/dkfj;ksa

dks iznÙk 'kfDr;ksa dk iz;ksx vkSj vf/jksfir drZO;ksa dk ikyu djsaxs%&

lkj.kh

ozQ-la-

vf/dkjh dk inuke

Oks LFkkuh; lhek,a] ftuosQ Hkhrj laink vf/dkjh

'kfDr;ksa dk iz;ksx djsxk

(1)

(2)

(3)

1-

mi lfpo] oSaQil ,aM osyisQ;j (lh,aM MCY;w)]

us'kuy baLVhV~;wV vkiQ ,twosQ'ku (,uvkbZbZ)] lsaVªy baLVhV~;wV vkWiQ

,ulhbZvkjVh] ubZ fnYyh

,tqosQ'kuy VsDuksyksth (lhvkbZbZVh) vkSj ufljiqj oSaQil] ubZ fnYyhA

2-

mi lfpo] iafMr lqUnjyky 'kekZ lsaVªy baLVhV~;wV vkWiQ

iafMr lqUnjyky 'kekZ lsaVªy baLVhV~;wV vkWiQ oksosQ'kuy ,tqosQ'ku

oksosQ'kuy ,tqosQ'ku (ih,l,llhvkbZohbZ)] Hkksiky

(ih,l,llhvkbZohbZ) vkSj jhtuy baLVhV~;wV vkWiQ ,tqosQ'ku

(vkjvkbZbZ)] Hkksiky osQ dk;Z{ks=k osQ v/hu osQ LFkkuA

3-

,MfefuLVsªfVo vkfiQlj (,-vks-) vkiQ jhtuy baLVhV~;wV

jhtuy baLVhV~;wV vkWiQ ,tqosQ'ku (vkjvkbZbZ)] vtesj osQ dk;Z{ks=k

vkiQ ,tqosQ'ku (vkjvkbZbZ)] vtesj

osQ v/hu osQ LFkkuA

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % twu 6] 2015@T;s"B 16] 1937

2477

4-

,MfefuLVsªfVo vkfiQlj (,-vks-) vkiQ jhtuy baLVhV~;wV

jhtuy baLVhV~;wV vkiQ ,twosQ'ku (vkjvkbZbZ)] Hkqous'oj osQ dk;Z{ks=k

vkWiQ ,tqosQ'ku (vkjvkbZbZ)] Hkqous'oj

osQ v/hu osQ LFkkuA

5-

,MfefuLVsªfVo vkfiQlj (,-vks-) vkiQ jhtuy baLVhV~;wV

jhtuy baLVhV~;wV vkiQ ,twosQ'ku (vkjvkbZbZ)] eSlwj osQ dk;Z{ks=k

vkiQ ,tqosQ'ku (vkjvkbZbZ)] eSlwj

osQ v/hu osQ LFkkuA

6-

,MfefuLVsªfVo vkfiQlj (,-vks-) vkiQ jhtuy baLVhV~;wV

jhtuy baLVhV~;wV vkiQ ,twosQ'ku (vkjvkbZbZ)] f'kykax osQ lehi

vkiQ ,tqosQ'ku (vkjvkbZbZ)] f'kykax

mekbe osQ dk;Z{ks=k osQ v/hu osQ LFkkuA

¹iQk- l- 1&9@2014&vu-4º

fnus'k dqekj] voj lfpo]

MINISTRY OF HUMAN RESOURCE DEVELOPMENT

(Department of School Education and Literacy)

New Delhi, the 3rd June, 2015

S.O.1144.—In exercise of the powers conferred by Section 3 of The Public Premises (Eviction of Unauthorised

Occupants) Act, 1971 (40 of 1971), the Central Government hereby appoints the Officers mentioned in column (2) of

the table below, being officers in the National Council of Educational Research and Training (NCERT) and its constituent

units, equivalent to the officers of Gazetted rank in the Government of India, to be the Estate Officers for the purposes

of the said Act and the said officers shall exercise the powers conferred, and perform the duties imposed, on Estate

Officers by or under the said Act, within the limits of their jurisdiction in respect of the categories of the public

premises specified in the corresponding entry in column (3) of the said table:-

Table

S. No.

Designation of the Officer

Local limits within which Estate

Officer shall exercise powers

(1)

(2)

(3)

1

Deputy Secretary, Campus and Welfare (C & W),

National Institute of Education (NIE), Central Institute of

NCERT, New Delhi.

Educational Technology (CIET) and Nasirpur Campus, New

Delhi.

2.

Deputy Secretary, Pandit Sunderlal Sharma Central

Premises under the purview of Pandit Sunderlal Sharma

Institute of Vocational Education (PSSCIVE), Bhopal Central Institute of Vocational Education (PSSCIVE) and

Regional Institute of Education (RIE), Bhopal.

3.

Administrative Officer (A.O.) of Regional Institute

Premises under the purview of Regional Institute of Education

of Education (RIE), Ajmer.

(RIE), Ajmer.

4.

Administrative Officer (A.O.) of Regional Institute

Premises under the purview of Regional Institute of Education

of Education (RIE), Bhubaneswar.

(RIE), Bhubaneswar.

5.

Administrative Officer (A.O.) of Regional Institute

Premises under the purview of Regional Institute of Education

of Education (RIE), Mysore.

(RIE), Mysore.

6.

Administrative Officer (A.O.) of Regional Institute

Premises under the purview of Regional Institute of Education

of Education (RIE), Shillong.

(RIE), at Umaim, near Shillong.

[F. No. 1-9/2014-Sch. 4]

DINESH KUMAR, Under Secy.

2478

THE GAZETTE OF INDIA : JUNE 6, 2015/JYAISTHA 16, 1937

[PART II—SEC. 3(ii)]

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

(LokLF; ,oa ifjokj dY;k.k foHkkx)

ubZ fnYyh] 18 ebZ] 2015

dk-vk.1145.—Hkkjrh; fpfdRlk ifj"kn vf/fu;e] 1956

(1956 dk 102) dh /kkjk 11 dh mi&/kjk (2) }kjk iznÙk

'kfDr;ksa dk iz;ksx djrs gq, dsUnz ljdkj] Hkkjrh; fpfdRlk ifj"kn

ls ijke'kZ djus ds i'pkr~] ,rn~}kjk mDr vf/fu;e dh izFke

vuqlwph esa fuEukuqlkj vkxs vkSj la'kks/u djrh gS] vFkkZr~%&

mDr izFke vuqlwph esa ^^jktLFkku LokLF; foKku

fo'ofo|ky;] t;iqj** ds ckn vkSj ^ekU;rk izkIr fpfdRlk vgZrk*

¹blds ckn dkye (2) ds :i esa lanfHkZrº 'kh"kZd ds varxZr

vafre izfof"V rFkk mlls lacaf/r izfof"V ds ckn ^iathdj.k ds fy;s

laf{kIr :i* ¹blds ckn dkye (3) ds :i esa lanfHkZrº 'kh"kZd

ds rgr fuEufyf[kr dks varfoZ"V fd;k tk,xk] vFkkZr~%&

(1)

(2)

^^MkWDVj vkWiQ esfMlu

,e-Mh- (iQksjsafld esfMflu)

(iQksjsafld esfMflu)**

(;g ,d ekU;rk izkIr fpfdRlk vgZrk

gksxh tks vkj,uVh esfMdy dkWyst]

mn;iqj] tgka izfr o"kZ 01(,d) Nk=k

dk nkf[kyk gksrk gS] esa izf'kf{kr fd,

tk jgs Nk=kksa ds laca/ esa jktLFkku LokLF;

foKku fo'ofo|ky;] t;iqj }kjk o"kZ

1995 esa vFkok mlds i'pkr~ iznku

dh xbZ gks)

[la- ;w- 12012@1028@2014&,ebZ (ih&II)]

lq/hj dqekj] voj lfpo

MINISTRY OF HEALTH AND FAMILY WELFARE

(Department of Health and Faimly Welfare)

New Delhi, the 18th May, 2015

S.O.1145.—In exercise of the powers conferred by

sub-section (2) of the Section 11 of the Indian Medical

Council Act, 1956 (102 of 1956), the Central Government,

after consulting the Medical Council of India, hereby

makes the following further amendments in the First

Schedule to the said Act.

In the said First Schedule after “Rajasthan University

of Health Sciences, Jaipur” and under the heading

‘Recognised Medical Qualification’ [hereinafter referred

to as column (2)], after the last entry and entry relating

thereto under the heading ‘Abbreviation for Registration’

[hereinafter referred to as column (3)], the following shall

be inserted, namely:—

(2)

(3)

“Doctor of Medicine

MD (Forensic Medicine)

(Forensic Medicine)’’ (This shall be a recognised

medical qualification when

granted by Rajasthan University

of Health Sciences, Jaipur in

respect of students being trained

at RNT Medical College, Udaipur

on or after 1995 restricting the

number of admission 01(one)

student per year.

[No. U. 12012/1028/2014-ME (P. II)]

SUDHIR KUMAR, Under Secy.

oL=k ea=kky;

ubZ fnYyh] 26 ebZ] 2015

dk-vk.1146.—dsUnzh; ljdkj] (la?k ds 'kkldh; iz;kstuksa

ds fy,) jktHkk"kk fu;e] 1976 ds 10 ds mifu;e (4) ds

vuqlj.k esa] oL=k ea=kky; ds varxZr vkus okys fuEufyf[kr dk;kZy;ksa

dks ftlds 80» ls vf/d deZpkfj;ksa us fgUnh dk dk;Zlk/d Kku

izkIr dj fy;k gS] vf/lwfpr djrh gS%&

1- ,jh vuqla/ku foLrkj dsUnz] lh,ebZvkj ,.M VhvkbZ] dsUnzh;

js'ke cksMZ] edku u- 03] bLekbyxat] 'kknhiqj [kqnZ] iQrsgiqj

& 212601 (mÙkj izns'k)

2- js'ke vuqdwyu o ijh{k.k x`g] lh,lVhvkjvkbZ] dsUnzh;

js'ke cksMZ] 76@ch] euLdkeuk jksM] ,l,e iYyh]

ekynk & 732 101 (if'pe caxky)A

[bZ- 11016@1@2011&fgUnh]

,- e/qdqekj jsM~Mh] la;qDr lfpo

MINISTRY OF TEXTILES

New Delhi, the 26th May, 2015

S.O.1146.—In pursuance of sub-rule (4) of Rule 10

of the Official Languages (Use for the official purpose of

the Union) Rules, 1976, the Central Government, hereby

notifies the following offices of the Ministry of Textiles,

more than 80% staff whereof have acquired working

knowledge of Hindi:

1.

Eri Research Extension Centre, CMER&TI, Central

Silk Board, H. No. 03, Ismailganj, Sadipur Khurd,

Fatehpur - 212 601 (Uttar Pradesh)

2.

Silk Conditioning & Testing House, CSTRI, Central

Silk Board, 76/B, Manaskamana Road, S.M. Pally,

Malda - 732 101 (W.B.).

[E. 11016/1/2011-Hindi]

A. MADHUKUMAR REDDY, Jt.Secy.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % twu 6] 2015@T;s"B 16] 1937

2479

ubZ fnYyh] 2 twu] 2015

dk-vk.1147.—dks;yk /kkjd {ks= ¼vtZu vkSj fodkl½

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

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

tkjh Hkkjr ds jkti=] Hkkx II] [kaM 3] mi[kaM (ii) rkjh[k

8 vçSy] 2015 esa çdkf'kr Hkkjr ljdkj ds dks;yk ea=ky; dh

vf/klwpuk la[;kad dk- vk- 386¼v½] rkjh[k 5 Qjojh] 2015

rFkk 'kqf)&i= la[;kad 989¼v½] rkjh[k 10 vçSy] 2015 ds

çdk'ku ij mDr vf/klwpuk ls layXu vuqlwph esa of.kaZr

vuqlwph ^d* esa of.kZr 219-198 gsDVs;j ¼yxHkx½ ;k 541-64

,dM+ ¼yxHkx½ eki okyh Hkwfe esa lHkh vf/kdkj] vuqlwph ^[k* esa

of.kZr 15-593 gsDVs;j ¼yxHkx½ ;k 38-53 ,dM+ ¼yxHkx½ eki

okyh Hkwfe esa [kuu vf/kdkj vkSj vuqlwph ^x* esa of.kZr 14-91

gsDVs;j ¼yxHkx½ ;k 36-84 ,dM+ ¼yxHkx½ eki okyh Hkwfe esa

lrg ds vf/kdkj ¼ftls blesa blds i'pkr~ mDr Hkwfe dgk

x;k gS½ mDr vf/kfu;e dh /kkjk 10 dh mi&/kkjk ¼1½ ds

v/khu] lHkh foYyaxeksa ls eqDr gksdj] vkR;afrd :i esa

dsUæh; ljdkj esa fufgr gks x, gSa(

vkSj] dsUæh; ljdkj dk ;g lek/kku gks x;k gS fd

bZLVuZ dksyQhYM~l fyfeVsM] ladrksM+f;k] Mkd?kj &fn'ksjx<+]

ftyk c)Zoku ¼if'pe caxky½ ¼ftls blesa blds i'pkr~ ljdkjh

daiuh dgk x;k gS½] ,sls fuca/kuksa vkSj 'krksaZ dk] tks dsUæh;

ljdkj bl fufeRr vf/kjksfir djuk mfpr le>s] vuqikyu

djus ds fy, jtkean gS(

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

dh mi&/kkjk ¼1½ }kjk çnRr 'kfDr;ksa dk ç;ksx djrs gq,] ;g

funs'k nsrh gS fd bl çdkj fufgr of.kaZr vuqlwph ^d* esa of.kZr

219-198 gsDVs;j ¼yxHkx½ ;k 541-64 ,dM+ ¼yxHkx½ eki okyh

Hkwfe esa lHkh vf/kdkj] vuqlwph ^[k* esa of.kZr 15-593 gsDVs;j

¼yxHkx½ ;k 38-53 ,dM+ ¼yxHkx½ eki okyh Hkwfe esa [kuu

vf/kdkj vkSj vuqlwph ^x* esa of.kZr 14-91 gsDVs;j ¼yxHkx½ ;k

36-84 ,dM+ ¼yxHkx½ eki okyh Hkwfe esa lrg ds vf/kdkj rkjh[k

6 Qjojh] 2015 ls dsUæh; ljdkj esa bl çdkj fufgr cus jgus

ds ctk,] fuEufyf[kr fuca/kuksa vkSj 'krks± ds

v/khu jgrs g,] ljdkjh daiuh esa fufgr gks tk,saxs] vFkkZr~ &

1- ljdkjh daiuh] mDr vf/kfu;e ds mica/kksa ds v/khu

;Fkk vo/kkfjr çfrdj] C;kt] uqdlkfu;ksa vkSj oSlh gh

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

çfriwfrZ djsxh(

2- 'krZ ¼1½ ds v/khu ljdkjh dEiuh }kjk dsUæh; ljdkj

dks lans; jdeksa dk vo/kkj.k djus ds ç;kstuksa ds fy,

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

dk xBu fd;k tk,xk vkSj fdlh ,sls vf/kdj.k vkSj

vf/kdj.k dh lgk;rk ds fy] fu;qDr O;Dfr;ksa ds

laca/k esa mixr lHkh O;;] ljdkjh daiuh }kjk ogu fd,

tk,axs vkSj bl çdkj fufgr mDr Hkwfe esa ;k ml ij ds

vf/kdkjksa ds fy, tSlh lHkh fof/kd dk;Zokfg;ksa dh ckcr~

mixr] lHkh O;; Hkh] ljdkjh daiuh }kjk ogu fd,

tk,axs (

3- ljdkjh daiuh] dsUæh; ljdkj ;k mlds in/kkfj;ksa dh

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

çdkj fufgr mDr Hkwfe esa ;k ml ij ds vf/kdkjksa ds ckjs

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

fo#) fdUgha dk;Zokfg;ksa ds laca/k esa vko';d gks(

4- ljdkjh daiuh dks dsUæh; ljdkj ds iwoZ vuqeksnu ds

fcuk] mDr Hkwfe dks fdlh vU; O;fDr dks varfjr djus

dh 'kfDr ugha gksxh( vkSj

5- ljdkjh daiuh ,sls funs'kksa vkSj 'krksaZ dk ikyu djsxh] tks

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

ds fof'k"V {ks=ksa ds fy, fn, tk,a ;k vf/kjksfir fd, tk,a

A

[Qk-la- 43015@10@2011&ihvkjvkbZMCY;w&1]

txnh'k dqekj] mi lfpo

New Delhi, the 2nd June, 2015

S.O.1147.—Whereas on the publication of the

notification of the Government of India in the Ministry of

Coal, number S.O.386(E), dated the 5th February,2015 and

corrigendum number S.O. 989(E), dated the 8th April, 2015,

published in the Gazette of India, Extraordinary, Part II

Section 3, Sub-section (ii), dated the 6th February, 2015

and the 10th April, 2015 respectively, issued under sub-

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

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

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

219.198 hectares(approximately) or 541.64 acres

(approximately) as all rights over the said land described

in Schedule ‘A’, mining rights in the land measuring 15.593

hectares (approximately) or 38.53 acres (approximately) in

Schedule ‘B’ and surface rights over 14.91 hectares

(approximately) or 36.84 acres (approximately) in Schedule

‘C’ appended to the said notification (hereinafter referred

to as the said land) vested absolutely in the Central

Government free from all encumbrances under sub-section

(1) of section 10 of the said Act.

And whereas, the Central Government is satisfied

that the Eastern Coalfields Limited, Sanctoria, Post Office

Dishergarh, District Burdwan (West Bengal) (hereinafter

referred to as the Government Company) is willing to

comply with such terms and conditions as the Central

Government thinks fit to impose in this behalf ;

Now, therefore, in exercise of the powers conferred

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

2480

THE GAZETTE OF INDIA : JUNE 6, 2015/JYAISTHA 16, 1937

[PART II—SEC. 3(ii)]

Government hereby directs that the land measuring

219.198 hectares (approximately) or 541.64 acres

(approximately) as all rights over the said land described

in Schedule ‘A’, mining rights in the land measuring 15.593

hectares (approximately) or 38.53 acres (approximately) in

Schedule ‘B’ and surface rights over, 14.91 hectares

(approximately) or 36.84 acres (approximately) in Schedule

‘C’, so vested shall, with effect from 6th February, 2015

instead of continuing to so vest in the Central Government,

shall vest in the Government Company, subject to the

following terms and conditions, namely :—

(1) the Government Company shall reimburse to the

Central Government all payments made in respect

of compensation, interest, damages and the like,

as determined under the provisions of the said

Act;

(2) a Tribunal shall be constituted under section 14 of

the said Act, for the purpose of determining the

amounts payable to the Central Government by

the Government Company under condition (1), and

all expenditure incurred in connection with any

such Tribunal and persons appointed to assist the

Tribunal shall be borne by the Government

Company and similarly, all expenditure incurred

in respect of all legal proceedings for or in

connection with the rights, in or over the said

lands, so vesting, shall also be borne by the

Government Company;

(3) the Government Company shall indemnify the

Central Government or its officials against any

other expenditure that may be necessary in

connection with any proceedings by or against

the Central Government or its officials,

regarding the rights in or over the said lands

so vested;

(4) the Government Company shall have no power to

transfer the said lands and the rights to any other

person without the prior approval of the Central

Government; and

(5) the Government Company shall abide by such

directions and conditions as may be given or

imposed by the Central Government for

particular areas of the said lands, as and when

necessary.

[F.No.43015/10/2011 – PRIW-I]

JAGDISH KUMAR, Dy. Secy.

ubZ fnYyh] 5 twu] 2015

dk-vk.1148.—dsUnzh; ljdkj dks ;g izrhr gksrk gS fd]

blls mikc) vuqlwph esa mfYyf[kr ifj{ks= dh Hkwfe esa dks;yk

vfHkizkIr fd, tkus dh laHkkouk gS;

vkSj js[kkad la[;k ,lbZLkh,y@ ch,lih@ th,e

¼ih,yth½@Hkwfe@472] rkjh[k 15 vizSy] 2015 dk ftlesa mDr

vuqlwph esa of.kZr Hkwfe {ks= ds C;kSjs vUrfoZ"V gS] fujh{k.k

dyDVj] ftyk dksjck ¼NRrhlx<+½ ds dk;kZy; esa ;k dks;yk

fu;a=d] 1] dkmafly gkÅl LVªhV] dksydkrk & 700001 ds

dk;kZy; esa ;k lkÅFk bZLVuZ dksyQhYM~l fyfeVsM ¼jktLo

vuqHkkx½] lhir jksM] fcykliqj&495006 ¼NÙrhlx<+½ ds dk;kZy;

esa fd;k tk ldrk gS;

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

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

i”pkr~ mDr vf/kfu;e dgk x;k gS½ dh /kkjk 4 dh

mi&/kkjk ¼1½ }kjk iznRr “kfDr;ksa dk iz;ksx djrs gq,] iwoksZDr

vuqlwph esa of.kZr Hkwfe esa dks;ys dk iwosZ{k.k djus ds vius

vk”k; dh lwpuk nsrh gS;

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

¼i½ mDr vf/kfu;e dh /kkjk 4 dh mi&/kkjk ¼3½ ds v/khu

dh xbZ dkjZokbZ ls gqbZ {kfr ;k lEHkkfor {kfr vf/kfu;e

dh /kkjk 6 dh mi& /kkjk ¼1½ ds v/khu fdlh uqdlkuh

ds fy;s izfrdj dk nkok dj ldsxk(

¼ii½ mDr vf/kfu;e dh /kkjk 13 dh mi/kkjk ¼1½ ds v/khu

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

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

lekIr gks x;s [kuu iV~Vs ds fy;s izfrdj dk nkok

dj ldsxk vkSj mDr vf/kfu;e dh /kkjk 13 dh mi&/

kkjk ¼1½ ds [kaM ¼i½ ls [kaM ¼iv½ esa fofufnZ"V enksa ds

laca/k esa mixr O;; dks minf”kZr djus ds fy;s

mDr Hkwfe ls lacaf/kr lHkh ekufp=ksa] pkVks± vkSj vU;

nLrkostksa dks lqiqnZ djsxk] bl vf/klwpuk ds jkti=

esa izdk”ku dh rkjh[k ls uCcs fnu ds Hkhrj

Hkkjlk/kd vf/kdkjh ;k foHkkxk/;{k ¼jktLo½] lkÅFk

bZLVuZ dksyQhYM~l fyfeVsM] lhir jksM]

fcykliqj&495006 ¼NRrhlx<+½ dks lkSisxkA

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % twu 6] 2015@T;s"B 16] 1937

2481

vuqlwph

fot; if”peh vkslhih ¼ fot; if”peh Cykd½] fpfjfejh {ks=]

ftyk& dksjck ¼NRrhlx<+½

¼js[kkad la[;k ,lbZlh,y@ch,lih@ th,e ¼ih,yth½@ Hkwfe@472] rkjh[k 15 vizSy] 2015½

lHkh vf/kdkj%

¼d½ lajf{kr ou Hkwfe%

Øe la-

d{k la[;k

Js.kh

izHkkx

{ks= gsDVj esa

fVIif.k;ka

1-

1569

ilku

dV?kksjk

8.479

Hkkx

2-

1570

ilku

dV?kksjk

71.673

Hkkx

3-

1571

ilku

dV?kksjk

198.973

Hkkx

4-

1572

ilku

dV?kksjk

419.428

Hkkx

5-

1573

ilku

dV?kksjk

144.391

Hkkx

6-

1576

ilku

dV?kksjk

29.165

Hkkx

7-

1578

ilku

dV?kksjk

116.445

Hkkx

dqy %&988-554 gsDVj ¼yxHkx½ ;k 2442-717 ,dM+ ¼yxHkx½

¼[k½ jktLo Hkfe%

Øe la-

xzke dk uke

iVokjh gYdk la[;k

rglhy

ftyk

{ks= gsDVs;j esa

fVIIf.k;ka

1-

jkuh vVkjh ¼vjf{kr½

4

dV?kksjk

dksjck

45.973

iw.kZ

2-

dUMbZ ¼vjf{kr½

4

dV?kksjk

dksjck

76.405

iw.kZ

3-

fctkMkaM ¼vjf{kr½

4

dV?kksjk

dksjck

34.702

Hkkx

4-

egnsbZ fVdjk ¼vjf{kr½

4

dV?kksjk

dksjck

74.041

Hkkx

dqy % 231-121 gsDVj ¼yxHkx½ ;k 571-100 ,dM+ ¼yxHkx½

dqy ;ksx¼d$[k½¾1219-675 gsDVj ¼yxHkx½ ;k 3013-817 ,dM+ ¼yxHkx½

lhek o.kZu%

Cykd&A%

d&[k

js[kk] xzke fcUnq *d* ls vkjaHk gksrh gS vkSj d{k

la[;k 1570]1569]1573]1572 ls xqtjrh gqbZ tkrh

gS vkSj fcUnq *[k* ij feyrh gSA

[k&x

js[kk] fcUnq *[k* ls vkjaHk gksrh gS vkSj d{k la[;k

1576] xzke fctkMkaM ds e/; Hkkx ls xqtjrh gS

vkSj xzke fctkMkaM ds nf{k.kh lhek esa fcUnq *x* ij

feyrh gSA

x&?k&³

js[kk] fcUnq *x* ls vkjaHk gksrh gS vkSj xzke fctkMkaM ds

Hkkxr% nf{k.kh lhek] d{k la[;k 1578 vkSj fcUnq *?k*

ls gksrh gqbZ tkrh gS vkSj fcUnq *³* ij feyrh gSA

³&p&N

js[kk] fcUnq *³* ls vkjaHk gksrh gS vkSj xzke egnsbZ

fVdjk ds Hkkxr% mRrjh lhek] fcUnq *p*] xzke

egnsbZ fVdjk ds mRrjh Hkkx ls gksrh gqbZ tkrh gS

vkSj fcUnq *N* ij feyrh gSA

N&V&t

js[kk] fcUnq *N* ls vkjaHk gksrh gS vkSj xzke egnsbZ

fVdjk ds Hkkxr% if”peh lhek] fcUnq *V* ls gksrh

gqbZ xzke egnsbZ fVdjk ds if”peh lhek esa fcUnq

*t* ij feyrh gSA

t&>&´

js[kk] fcUnq *t* ls vkjaHk gksrh gS vkSj d{k la[;k

1571] fcUnq *>*] xzke jkuh vVkjh ds Hkkxr% nf{k.kh

lhek ls gksrh gqbZ fcUnq *´* ij feyrh gSA

´&d

js[kk] fcUnq *´* ls vkjaHk gksrh gS vkSj xzke jkuh

vVkjh ds Hkkxr% if'peh lhek] d{k la[;k 1570

ls gksrh gqbZ vkjafHkd fcUnq *d* ij feyrh gSA

2482

THE GAZETTE OF INDIA : JUNE 6, 2015/JYAISTHA 16, 1937

[PART II—SEC. 3(ii)]

Cykd&AA%

N&B&´

js[kk] fcUnq *N* ls vkjaHk gksrh gS vkSj d{k la[;k

1571] fcUnq *B* ls gksrh gqbZ tkrh gS vkSj xzke jkuh

vVkjh ds nf{k.kh lhek esa fcUnq *´* ij feyrh gSA

´&>&V

js[kk] fcUnq *´* ls vkjaHk gksrh gS vkSj d{k la[;k

1571] fcUnq *>* ls gksrh gqbZ tkrh gS vkSj xzke

egnsbZ fVdjk ds if”peh lhek esa fcUnq *V* ij

feyrh gSA

V&N

js[kk] fcUnq *V* ls vkjaHk gksrh gS vkSj xzke egnsbZ

fVdjk ds Hkkxr% if”peh lhek ls gksrh gqbZ tkrh

gS vkSj vkjafHkd fcUnq *N* ij feyrh gSA

Cykd&AAA%

x&M&p

js[kk] fcUnq *x* ls vkjaHk gksrh gS vkSj d{k la[;k

1578] fcUnq *M* ls gksrh gqbZ xzke egnsbZ fVdjk ds

mRrjh lhek esa fcUnq *p* ij feyrh gSA

p&?k&x

js[kk] fcUnq *p* ls vkjaHk gksrh gS vkSj xzke egnsbZ

fVdjk ds Hkkxr% mRrjh lhek] d{k la[;k 1578]

fcUnq *?k* ls gksrh gqbZ tkrh gS vkSj vkjafHkd fcUnq

*x* ij feyrh gSA

[Qk- la- 43015@13@2015&ihvkjvkbZMCY;w&I]

txnh”k dqekj] mi lfpo

New Delhi, the 5th June, 2015

S.O.1148.—Whereas it appears to the Central

Government that Coal is likely to be obtained from the

lands in the locality mentioned in the Schedule annexed

hereto;

And whereas, the plan bearing number SECL/ BSP/

GM(PLG)/LAND/ 472, dated the 15th April, 2015

containing details of the area covered by this notification

may be inspected at the office of the Collector, District

Korba (Chhattisgarh) or at the office of the Coal Controller,

1, Council House Street, Kolkata-700001 or at the office of

the South Eastern Coalfields Limited (Revenue Section),

Seepat Road, Bilaspur -495006 (Chhattisgarh);

Now, therefore, in exercise of the powers

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

Bearing Areas (Acquisition and Development) Act, 1957

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

the Central Government hereby gives notice of its

intention to prospect for coal in the land described in

the aforesaid Schedule;

Any person interested in the land described in the

above mentioned Schedule may--

(i) claim compensation under sub-section (1) of

Section 6 of the said Act for any damage caused

or likely to be caused by any action taken under

sub- section (3) of Section 4 thereof; or

(ii) claim compensation under sub-section (1) of

Section 13 of the said Act, in respect of

prospecting license ceasing to have effect or

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

Act for mining lease ceasing to have effect, and

deliver all maps, charts and other documents

relating to the aforesaid land to show the

expenditure incurred in respect of items specified

in clauses (i) to (iv) of sub-section (1) of

Section 13 of the said Act, to the Officer-In-

Charge or Head of the Department (Revenue),

South Eastern Coalfields Limited, Seepat Road,

Bilaspur-495006 (Chhattishgarh) within ninety

days from the date of publication of this

notification in the Official Gazette.

Schedule

Vijay West OCP (Vijay West Block), Chirimiri Area,

District Korba, Chhattisgarh

(Plan bearing number SECL/BSP/GM (PLG)/LAND/ 472, dated the 15th April, 2015)

All Rights:

(A)

Protected Forest Land:

Sl. No. Compartment number

Range

Division

Area in hectares

Remarks

1.

1569

Pasan

Katghora

8.479

Part

2.

1570

Pasan

Katghora

71.673

Part

3.

1571

Pasan

Katghora

198.973

Part

4.

1572

Pasan

Katghora

419.428

Part

5.

1573

Pasan

Katghora

144.391

Part

6.

1576

Pasan

Katghora

29.165

Part

7.

1578

Pasan

Katghora

116.445

Part

Total: 988.554 hectares (approximately) or 2442.717 acres (approximately)

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % twu 6] 2015@T;s"B 16] 1937

2483

(B) Revenue Land:

Sl.No. Name of village

Patwari halka number

Tahsil

District

Area in hectares

Remarks

1.

Rani Atari (Unsurveyed)

4

Katghora

Korba

45.973

Full

2.

Kandai (Unsurveyed)

4

Katghora

Korba

76.405

Full

3.

Bijadand (Unsurveyed)

4

Katghora

Korba

34.702

Part

4.

Mahdei Tikra (Unsurveyed)

4

Katghora

Korba

74.041

Part

Total: 231.121 hectares (approximately) or 571.100 acres (approximately)

Grand Total (A+B)= 1219.675 hectares (approximately)

or 3013.817 acres (approximately)

Boundary description:

BLOCK-I:

A-B

Line starts from point ‘A’ and passes through

Forest compartment number 1570,1569,1573,1572

and meets at point ‘B’.

B-C

Line starts from point ‘B’ and passes through

Forest compartment number 1576, middle part of

village Bijadand and meets at point ‘C’ on the

southern boundary of village Bijadand.

C-D-E

Line starts from point ‘C’ and passes along partly

southern boundary of village Bijadand, through

Forest compartment number 1578, point ‘D’ and

meets at point ‘E’ on the northern boundary of

village Mahdei Tikra.

E-F-G

Line starts from point ‘E’ and passes along partly

northern boundary of village Mahdei Tikra, point

‘F’, through northern part of village mahdei Tikra

and meets at point ‘G’ on the western boundary

of village Mahdei Tikra.

G-K-H

Line starts from point ‘G’ and passes along partly

western boundary of village Mahdei Tikra, point

‘K’ and meets at point ‘H’ on the western

boundary of village Mahdei Tikra.

H-I-J

Line starts from point ‘H’ and passes through

Forest compartment number 1571, point ‘I’, along

partly southern boundary of village Rani Atari

and meets at point ‘J’.

J-A

Line starts from point ‘J’ and passes along partly

western boundary of village Rani Atari, through

Forest compartment number 1570 and meets at

starting point ‘A’.

BLOCK-II :

G-L-J

Line starts from point ‘G’ and passes through

Forest compartment number 1571, point ‘L’ and

meets at point ‘J’ on the southern boundary of

village Rani Atari.

J-I-K

Line starts from point ‘J’ and passes through

Forest compartment number 1571, point ‘I’ and

meets at point ‘K’ on the western boundary of

village Mahdei Tikra.

K-G

Line starts from point ‘K’ and passes along partly

western boundary of village Mahdei Tikra and

meets at starting point ‘G’.

BLOCK-III:

C-M-F

Line starts from point ‘C’ and passes through

Forest compartment number 1578, point ‘M’ and

meets at point ‘F’ on the northern boundary of

village Mahdei Tikra.

F-D-C

Line starts from point ‘F’ and passes along partly

northern boundary of village Mahdei Tikra,

through Forest compartment number 1578, point

‘D’ and meets at starting point ‘C’.

[F. No. 43015/13 /2015-PRIW-I]

JAGDISH KUMAR, Dy. Secy.

Je ,oa jkstxkj ea=kky;

ubZ fnYyh ] 21 ebZ] 2015

dk-vk- 1149.— vkS|ksfxd fookn vf/kfu;e] 1947 (1947

dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ,Q- lh-

vkbZ- 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; caSxyksj ds iapkV (lanHkZ

la[;k 76@2008) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks

21@05@2015 dks izkIr gqvk Fkk A

[la- ,y- 22012@210@2003@vkbZ vkj ¼lh,e&II½]

eks- tkfgn 'kjhQ] vuqHkkx vf/kdkjh

2484

THE GAZETTE OF INDIA : JUNE 6, 2015/JYAISTHA 16, 1937

[PART II—SEC. 3(ii)]

MINISTRY OF LABOUR AND EMPLOYMENT

New Delhi, the 21st May, 2015

S.O. 1149.— In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref.76/

2008) of the Cent.Govt.Indus.Tribunal-cum-Labour

Court, Bangalore as shown in the Annexure, in the

industrial dispute between the management of Food

Corporation of India, and their workmen, received by the

Central Government on 21/05/2015.

[No. - L-22012/210/2003 - IR(CM-II)]

Md. ZAHID SHARIF, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIUBNAL-CUM-LABOUR COURT,

BANGALORE

Dated

:17th March, 2015

PRESENT : Shri S N NAVALGUND, Presiding Officer

C R No. 76/2008

I Party

II Party

Shri C.S. Murli Manohar

The Senior Regiona Manager

Food Corporation of India,

Secretary (Officer), FCI

RO, No. 10, P Kalinga Road

Employees Union C/o

Road, Subbaiah Circle,

FCI Reg Office,

Mission Road,

10, Pallavi Kaling Rao

BENGALURU - 560 027

Rd., BENGALURU-560 027

Appearances

I Party :

Shri S Raju

Advocate

II Party :

Shri B L Sanjeev

Advocate

A W A R D

1. The Central Government vide Order No. L-22012/

210/2003-IR(CM-II) dated 06.11.2008 in exercise of the

powers conferred by Clause (d) of Sub-Section (1) and

Sub-Section2(A) of Section 10 of Industrial Dispute act,

1947 has made this reference for adjudication with

following Schedule :

SCHEDULE

“Whether the demand of FCI Employees Union for

stepping up of pay of S/Shri B.V. Purushottam, G.Y.

Narasimha, S. Sreenivasa, Mohammed Mehboob

Khan and Smt. C.V. Lakshmi at par with the pay of

their junior namely Smt. E.Sumathy is legal and

justified? To what relief these 5 workmen are entitled

for?”

2. On receipt of the reference while registering it in

C R 76/2008 when notices were issued to both the parties,

I Party entered its appearance through Sh. S Raju, Advocate

and filed claim statement on 29.06.2010, whereas, II Party

entered its appearance through Sh. B L Sanjeev, advocate

and filed its counter statement on 16.11.2010.

3. In the claim statement it is alleged that the five

workmen i.e., Smt. C V Lakshmi, Sh. B V Purushotham,

Sh. G Y Narasimha, Sh. S Sreenivasa and Sh. Mohammed

Mehboob (hereinafter referred as I Party workmen)

covered in this reference joined the services of the II Party

as Typists on 26.11.1976, 15.12.1976, 09.12.1976, 13.12.1976

and 13.12.1976 respectively and subsequently came to be

promoted as Assistant Grade II (general) vide order dated

10.05.1996 and 23.07.1997 respectively and were placed at

Sl. No. 608, 627, 728, 629 and 630 in the Seniority List of

South Zone as on 31.12.1999. It is also asserted that since

there was no promotion avenues they were provided with

the benefit of selection grade pay scale in the year 1993

and later on promoted in May, 1996 and July, 1997 and it is

also asserted that one Smt. E Sumathy who also joined as

Typist on 14.03.1977 in the Tamil Nadu Region was

transferred to Karnataka Region who was at Sl. No. 640

was given selection grade pay on 01.12.1990 and was

drawing pay of RS. 8,900 whereas the I Party workmen

were drawing pay of Rs. 8,750. On coming to know this

fact the I Party workmen gave a representation to the

management to look into the matter and received a reply

stating that it cannot step up the pay as sought by them.

It is also asserted that as per the policy of the II Party in

respect of unequal pay wherein a Senior Employee would

be getting lesser pay that of his Junior the pay of Senior

Employee should be stepped up on par with their junior.

Therefore, the I Party workmen are entitle for stepping up

of their pay w.e.f. 29.12.1993 the date on which both Junior

and Seniors prayed this tribunal to direct the II Party to fix

the pay of the I Party workmen on par with Smt. E Sumathy

w.e.f. 27.07.1997 with backwages and interest thereon.

INTERALIA, in the counter statement without disputing

the fact of the entry into service of the I Party workmen it

is contended that the dispute being raised after a period

of 13 years and that Smt. E Sumathy belongs to reservation

category i.e., SC/ST community, hence she had been

granted with selection grade pay w.e.f. 01.12.1990 whereas

the I Party workmen since belong to the General Cadre

they were given selection grades w.e.f. 29.12.1993 and that

only 30% of sanction strength are given with the Selection

grade and that the I Party workmen are not eligible for the

said stepping up of pay prayed for rejection of the

reference.

4. On completion of the pleadings when the matter

came to be posted for evidence, counsel appearing for the

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % twu 6] 2015@T;s"B 16] 1937

2485

I Party examined Sh. K R Madhu, Advisor of the I Party

Union as WW 1 and got exhibited true copies of Resolution

dated 27.08.2010; representation of C V Lakshmi, Jeeva N

Narasimha, B V Purushotham, Srinivas dated 09.04.2002

and Mohd. Mahboob Khan dated 15.04.2002; Seniority

list of Assistant Grade III category dated 17.03.1978; pay

drawn particulars of I Party workmen; reply given by the

management dated 11.07.2002; office order dated

23.07.1997; seniority list of AG II Category as on 31.12.1999

and circular issued by Deputy General Manager (RTI),

FCI dated 14.06.2012 in continuation of its circular dated

24.09.1997 as Ex W-1 to Ex W-12. Inter alia, counsel for II

Party examined Sh. G K Murthy, Assistant General Manager

as MW 1 and got exhibited true copies of Office Order

regarding selection grade dated 13.02.1995; Order

regarding pay fixation dated 18.03.1995; Circulars No.

22/1992 & 13/1997 dated 13.12.1992, 24.12.1997; letter

addressed by Sh. Shashi Mishra, Executive Director

(Personnel) to Zonal Manager, FCI dated 05.07.1994; Rules

and Regulations of the FCI Staff Regulation 1971 regarding

placement of Selection Grade dated 17.08.1994; leave rules

and Seniority list of AG III (MIN) as on 31.12.1978 as Ex.

M-1 to Ex. M-8 and when the matter came to be posted for

arguments counsel for both sides addressed their

arguments.

5. On appreciation of the pleadings, oral and

documentary evidence brought on record in the light of

the arguments put forward by the learned advocates, I

have arrived at conclusion the demand of FCI Employees

Union for stepping up of pay at par with the pay of their

junior namely Smt. E Sumathy is legal and justified and

that they are entitle for the same for the following

REASONS

6. The II Party which contended that the employees

can be considered for selection grade only when their

CR’s are satisfactory for preceding three years and when

there is vacancy under 30% selection grade quota and

subject to reservation for SC/ST employees failed to

produce any record that Smt. Sumathy was SC/ST

Employee and was considered under that quota.

Moreover, it has been unequivocally admitted by MW 1

that five workers covered in this reference as well as

Smt. Sumathy joined service initially as Typists and that

till 1995 the five workmen covered in this reference as well

as Smt. Sumathy were in the same pay scale and that for

the purpose of promotion the caste is not a consideration.

Therefore, the II Party failed to substantiate its contention

for refusing to step up the pay of these five workmen par

with their Junior Smt. Sumathy. Of course, the promotion

is a matter of policy and employees can be considered for

Selection grade only when their CR’s are satisfactory but

it is not the case of the II Party that the CR’s of these five

workmen for the preceding three years were not

satisfactory or any evidence is adduced in that regard.

When their Junior Smt. Sumathi when fall in vacancy under

30% Selection Grade Quota there was no reason as to why

these five workmen could not fall in that category. Only

because this dispute came to be raised after lapse of 13

years it is no ground to reject the reference since there is

no time limitation for raising the dispute. Under these

circumstances, the demand of FCI Employees Union for

stepping up of pay at par with the pay of their junior namely

Smt. E Sumathy is legal and justified. In the result, I pass

the following

O R D E R

The demand of FCI Employees Union for stepping

up of pay of S/Shri B V Purushottam, G Y Narasimha,

S. Sreenivasa, Mohammed Mehboob Khan and Smt. C V

Lakshmi at par with the pay of their junior namely Smt. E

Sumathy is legal and justified and that they are entitle for

stepping up of their pay on par with Smt. E. Sumathy w.e.f.

27.07.1997 and they are entitle for arrears/difference of

wages.

S. N. NAVAL GUND, Presiding Officer

ubZ fnYyh ] 21 ebZ] 2015

dk-vk- 1150.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947

dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj tokgj

uoksn; fo|ky; 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; u0 2] p.Mhx<+

ds iapkV (lanHkZ la[;k 104@2005) dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 21@05@2015 dks izkIr gqvk Fkk A

[la0 ,y-& 42012@149@2004&vkbZ vkj ¼lh,e-II½]

eks- tkfgn 'kjhQ] vuqHkkx vf/kdkjh

New Delhi, the 21st May, 2015

S.O. 1150.— In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref.104/

2005) of theCent.Govt.Indus.Tribunal-cum-Labour

Court No. 2, Chandigarh as shown in the Annexure, in

the industrial dispute between the management

of Jawahar Navodaya Vidyalaya,and their workmen,

received by the Central Government on 21/05/2015.

[ No. L-42012/149/2004 - IR(CM-II)]

Md. ZAHID SHARIF, Section Officer

2486

THE GAZETTE OF INDIA : JUNE 6, 2015/JYAISTHA 16, 1937

[PART II—SEC. 3(ii)]

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH.

Present: Sri Kewal Krishan, Presiding Officer.

Case No. I.D. No.104/2005

Registered on 19.7.2005

Sh. Surinder Singh, S/o Sh. Mahabir Singh, R/o Village

Ladawas (Loharu) District Bhiwani.

Petitioner

Versus

The Principal, Jawahar Navodaya Vidyalaya Devrala

(Bhiwani)

Respondents

APPEARANCES

For the workman

Sh. Mayank Sharma, Adv.

For the Management

Sh. Kailash Sharma, Adv.

AWARD

Passed on- 15.4.2015

Central Government vide Notification No. L-42012/

149/2004-IR(CM-II)) Dated 29.6.2005, by exercising its

powers under Section 10 Sub Section (1) Clause (d) and

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

(hereinafter referred to as ‘Act’) has referred the following

Industrial dispute for adjudication to this Tribunal:-

“Whether the action of the management of Jawahar

Navodaya Vidhyalaya, Bhiwani in terminating the

services of Sh. Surinder Singh, S/o Sh. Mahabir

Singh, w.e.f. 4.8.2003 is legal and justified? If not, to

what relief the workman is entitled?”

In response to the notice, the workman submitted

statement of claim pleading that he was appointed as

Helper-cum-Peon by the respondent on 1.1.2002 and his

monthly wages were Rs.1100 per month. His services were

arbitrarily terminated on 4.8.2003 when new Principal joined

the service. That termination of his services is illegal as

no compensation was paid to him and the persons junior

to him were retained in service.

The management filed written statement pleading

that workman was a part-time Mess Helper and his services

were not terminated. There were several complaints

(Annexure M1 to M9) regarding which an inquiry was

conducted. He did not respond to the notice and himself

deserted the service.

Parties were given opportunities to lead their

evidence.

Workman appeared in the witness box and filed his

affidavit reiterating the case as set out in the claim petition.

He also examined Sh. Ishwar Singh of the respondent

management who placed on record the list of the working

days of workman which is Exhibit WW2/1.

On the other hand the management has examined

Sh. Pushkaran, Principal, who filed his affidavit along with

the photocopy of the complaints Exhibit M1 to M10.

I have heard Sh. Mayank Sharma, counsel for the

workman and Sh. Kailash Sharma, counsel for the

management.

It was argued by the learned counsel that workman

continuously worked from 1.1.2002 to 4.8.2003 and his

services were arbitrarily terminated without serving any

notice or payment of compensation, as well the persons

junior to him were retained in service and therefore the

termination is illegal and he be reinstated in service with

back wages.

I have considered the contention of the learned

counsel.

Though the management has taken the stand that

there were several complaints against the workman and

inquiry committee was constituted who submitted a report

but no action was taken on the basis of that report and

therefore the said complaints and the inquiry report has

no relevance. The fact remains that workman worked with

the management from 1.1.2002 to 31.7.2003 and the same is

also evident from the summary produced by Ishwar Singh

which is Exhibit WW2/1 on the file. Its perusal shows that

the workman continuously worked from July, 2002 to July,

2003 and completed 240 days of service. It is not disputed

that he was not paid any retrenchment compensation and

no notice for terminating his services is required under

the law was given. Therefore it cannot be said that his

services were legally terminated.

Now the question is whether he can be reinstated in

service. There is nothing on the file that the workman was

appointed as per any rules and procedure of the

management and against a regular post. If he was employed

by not following any statutory rules, he cannot claim

reinstatement. The only alternative is only to give him

compensation. He has worked from 1.1.2002 to 31.7.2003

and getting a salary of Rs.1100 per month. Ordinarily, the

workman is entitled to compensation of one month’s pay

in lieu of notice and 15 days’ pay for every completed year

but since the workman became out of the job all of a

sudden, a suitable compensation is to be paid to him by

doing a guess work. Considering the totality of the

circumstances, Rs.75000 is a just compensation which is

payable to the workman.

In result, the reference is answered holding that

termination of the services of the workman is not legal and

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % twu 6] 2015@T;s"B 16] 1937

2487

justified and he is entitled to compensation of Rs.75000

from the respondent management. The management shall

pay the same within two months of the publication of the

award failing which the workman shall be entitled to get

interest at the rate of 6 per cent per annum from the date of

the award till realization.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh ] 21 ebZ] 2015

dk-vk- 1151.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947

dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ,Q- lh-

vkbZ- 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; u0 1] /kuckn ds iapkV

(lanHkZ la[;k 178@1997) dks izdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 21@05@2015 dks izkIr gqvk Fkk A

[la0 ,y- 22012/238/1992–vkbZ vkj (lh-II)]

eks- tkfgn 'kjhQ] vuqHkkx vf/kdkjh

New Delhi, the 21st May, 2015

S.O.1151.— In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref.178/

1997) of theCent.Govt.Indus.Tribunal-cum-Labour

Court No. 1, Dhanbad as shown in the Annexure, in the

industrial dispute between the management of Food

Corporation of India, and their workmen, received by

the Central Government on 21/05/2015.

[No. L-22012/238/1992 - IR(C-II)]

Md. ZAHID SHARIF, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO.1), DHANBAD.

IN THE MATTER OF A REFERENCE U/S 10(1) (D) (2A)

OF I.D. ACT, 1947.

Ref. No. 178 of 1997

Employers in relation to the management of Food

Corporation of India, Patna

AND

Their workmen.

Present:-

Sri Ranjan Kumar Saran, Presiding officer

Appearances:

For the Employers.:- Shri U.N.Lall, Advocate

For the workman. :- Shri D.K.Verma, Advocate

State :- Jharkhand

Industry:- Food

Dated 05/05/2015

AWARD

By Order No.L-22012/238/1992-IR (C-II), dated.

25/10/1997, the Central Government in the Ministry of

Labour has, in exercise of the powers conferred by clause

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

of the Industrial Disputes Act, 1947, referred the following

disputes for adjudication to this Tribunal:

SCHEDULE

“ (i) Whether the action of the management of FCI,

Patna in not regularising the service of Sh. Pradeep

Kumar Ex- Casual Employee of FCI, Chanduati

(Gaya) is legal and justified? If not, to what relief is

the workman entitled and from which date?”

2. The case is received from the Ministry of Labour

on 10.11.1997. After notice both parties appeared. After

long delay, the Sponsoring Union files their written

statement on 2/6.05.2002. The management files their

written statement-cum-rejoinder on 30.09.2002.

Thereafter document filed by the parties. Two witness

examined on behalf of the management but one witness

examined on behalf of the workman. Document marked

of the workman as W-1 to W-4 but the management’s

documents marked as M-1 to M-16.

3. Short point to be decided in the reference, is

whether the workman, who was a casual employee, asked

not to work under the management is to be regularized

or not.

4. The workman submits in his written statement

that he was employed by the management at Food Storage

Depot, Chandauti w.e.f. 01.10.1981 to 31.07.1989 as

causal employee.

5. The management submitted that, the workman is

not a regular employee, management is at liberty to ask

him to discontinue the service.

6. But the workman submits that he has been

working in the corporation for more than 240 days, in

many calendar year, preceding his termination but the

management has not complied the mandatory provision

U/S 25 F of I.D Act.

7. The workman also files document i.e W-1 to W-

4,. In W-3 Series Shows that the concerned workman

received bonus for the period of 83-84 as well as 1984-

85. In 1983-84 the workman received bonus for 232 days,

which shows that the workman worked continuously.

2488

THE GAZETTE OF INDIA : JUNE 6, 2015/JYAISTHA 16, 1937

[PART II—SEC. 3(ii)]

8. The workman files a circular and also submits in

his argument that there is a circular dated 06.05.87 issued

by the management for regularization of causal employees

who have completed 90 days service before 02.05.1986 in

category IV.

9. In MW-1, Sri Sailendra Sharan submits “ I know

the concerned workman. I Know them as they were working

there. And he also submits that the concerned workman

used to work under our supervision ”

10. Considering the facts and circumstances of this

case, I hold that the action of the management of FCI,

Patna in not regularising the service of Sh. Pradeep Kumar

Ex- Casual Employee of FCI, Chanduati (Gaya) is not legal

and justified, Hence the workman be regularised atonce

against the regular post without giving any back wages. If

the award is not implemented within a month from the date

of publication of award in the Gazette of India, and the

management did not pray time to implement the same award,

the management to pay a sum of Rs. 10,000 P.M for the

31st day from the publication of award, towards

compensation.

This is my award.

R.K.SARAN, Presiding Officer

ubZ fnYyh ] 21 ebZ] 2015

dk-vk.1152.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947

dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ,Q- lh-

vkbZ- 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; u0 1] /kuckn ds iapkV

(lanHkZ la[;k 179@1997) dks izdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 21@05@2015 dks izkIr gqvk Fkk A

[la- ,y- 22012/242/1992–vkbZ vkj (lh-II)]

eks- tkfgn 'kjhQ] vuqHkkx vf/kdkjh

New Delhi, the 21st May, 2015

S.O.1152.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref.179/

1997) of theCent.Govt.Indus.Tribunal-cum-Labour

Court No. 1, Dhanbad as shown in the Annexure, in the

industrial dispute between the management of Food

Corporation of India, and their workmen, received by

the Central Government on 21/05/2015.

[No. L-22012/242/1992 - IR(C-II)]

Md. ZAHID SHARIF, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO.1), DHANBAD.

IN THE MATTER OF A REFERENCE U/S 10(1)

(D) (2A) OF I.D.ACT, 1947.

Ref. No. 179 of 1997

Employers in relation to the management of Food

Corporation of India, Patna

AND

Their workmen.

Present:- Sri Ranjan Kumar Saran,

Presiding officer

Appearances:

For the Employers.

:- Shri U.N.Lall, Advocate

For the workman.

:- Shri D.K.Verma, Advocate

State :- Jharkhand

Industry:- Food

Dated. 1/5/ 2015

AWARD.

By Order No.L-22012/242/1992-IR (C-II), dated

25/10/1997, the Central Government in the Ministry of

Labour has, in exercise of the powers conferred by clause

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

of the Industrial Disputes Act, 1947, referred the following

disputes for adjudication to this Tribunal:

SCHEDULE

“ (i) Whether the action of the management of FCI,

Patna in not regularising the service of Sh. Rajendra

Prasad, Ex- Casual Employee of FCI, Chanduati

(Gaya) is legal and justified? If not, to what relief is

the workman entitled and from which date?”

2. The case is received from the Ministry of Labour

on 10.11.1997. After notice both parties appeared. After

long delay, the Sponsoring Union files their written

statement on 2/6.05.2002. The management files their

written statement-cum-rejoinder on 30.09.2002. Thereafter

document filed by the parties. Two witness examined on

behalf of the management but one witness examined on

behalf of the workman. Document marked of the workman

as W-1 to W-2 but the management’s document marked as

M-1 to M-16.

3. Short point to be decided in the reference, is

whether the workman, who was a casual employee, asked

not to work under the management is to be regularized or

not.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % twu 6] 2015@T;s"B 16] 1937

2489

4. The workman submits in his written statement

that he was employed by the management at Food storage

Depot, Chandauti w.e.f. 01.10.1981 to 31.07.1989 as casual

employee.

5. The management submitted that, the workman is

not a regular employee, management is at liberty to ask

him to discontinue the service.

6. But the workman submits that he has been working

in the corporation for more than 240 days, in many calendar

year, preceding his termination but the management has

not complied the mandatory provision U/s 25 F of I.D Act.

7. The workman also files document i.e marked as

W-1 to W-2,. In W-2 Series shows that the concerned

workman received bonus for the period of 83-84 as well as

1984-85. In 1983-84 the concerned workman Sri Rajendra

Prasad received bonus for 245 days , which shows that

the workman worked continuously for more than 240 days

in a calendar year.

8. The workman files a circular and also submits in

his argument that there is a circular dated 06.05.87 issued

by the management for regularization of casual employees

who have completed only 90 days service before

02.05.1986 in category IV.

9. In MW-1, Sri Sailendra Sharan submits “ I know

the concerned workman. I know them as they were working

there. And he also submits that the concerned workman

used to work under our supervision “.

10. Considering the facts and circumstances of this

case, I hold that the action of the management of FCI,

Patna in not regularising the service of Sh. Pradeep Kumar

Ex- Casual Employee of FCI, Chanduati (Gaya) is not legal

and justified, Hence the workman be regularised at once

against the regular post without giving any back wages. If

the award is not implemented within a month from the date

of publication of award in the Gazette of India, and the

management did not pray time to implement the same award,

the management to pay a sum of Rs. 10,000/- P.M for the

31st day from the publication of award, towards

compensation.

This is my award.

R.K. SARAN, Presiding Officer

ubZ fnYyh ] 21 ebZ] 2015

dk-vk.1153.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947

dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ch- ch-

,e- ch- 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; u0 2] p.Mhx<+ ds iapkV

¼lanHkZ la[;k 228@2005½ dks izdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 21@05@2015 dks izkIr gqvk Fkk A

[la- ,y- 23012/35/2004–vkbZ vkj (lh,e-II)]

eks- tkfgn 'kjhQ, vuqHkkx vf/kdkjh

New Delhi, the 21st May, 2015

S.O.1153.— In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No.228/

2005) of the Cent.Govt.Indus.Tribunal-cum-Labour

Court No. 2, Chandigarh as shown in the Annexure, in

the industrial dispute between the management of Bhakra

Beas Management Board, and their workmen, received

by the Central Government on 21/05/2015.

[No. L-23012/35/2004 - IR(CM-II)]

Md. ZAHID SHARIF, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: SRI KEWAL KRISHAN, Presiding Officer

Case No. I.D. No.228/2005

Registered on 5.8.2005

Sh. Gurnam Singh, S/o Sh. Matan Singh, C/o Cheema

Bhawan, Sector 30B, Chandigarh.

... Petitioner

Versus

The Chairman, Bhakra Beas Management Board,

Madhya Marg, Sector 19B, Chandigarh.

...Respondents

APPEARANCES

For the Workman

Sh. R.K. Parmar, A.R.

For the Management

Sh. S.K. Goyal, Law Officer

Award

Passed on 27/4

Central Government vide Notification No. L-

23012/35/2004 IR(CM-II) Dated 21.3.2011, by

exercising its powers under Section 10 Sub-section (1)

Clause (d) and Sub-section (2-A) of the Industrial

Disputes Act, 1947 (hereinafter referred to as ‘Act’) has

referred the following Industrial Dispute for adjudication

to this Tribunal:-

2490

THE GAZETTE OF INDIA : JUNE 6, 2015/JYAISTHA 16, 1937

[PART II—SEC. 3(ii)]

“Whether the action of Bhakra Beas Management

Board in not providing re-employment to the

retrenched workman of BSL, Sh. Gurnam Singh S/o

Matan Singh is justified and in or? If not, to what

relief he is entitled to and from which date?”

In response to the notice, the workman appeared

and submitted statement of claim pleading that he joined

the services of Beas Sutlej Link Project w.e.f. 16.9.1969

and he was retrenched from service on 30.3.1984. The

project was merged in Bhakra Beas Management Board

after its completion. It is pleaded that large number of

employees were re-deployed after his retrenchment vide

Circular No.17/2/80. The workman was employed through

employment exchange and was getting Rs.1800/- per

month as salary plus allowances.

After his retrenchment, he applied for re-employment

to Bhakra Beas Management Board vide application dated

23.4.1984, 21.4.1990 and 14.12.1992 but he was not re-

employed. The persons who were junior to him were re-

employed and therefore the respondent management

contravened the provisions of Section 25H of the Act.

He again moved an application on 14.1.1993 and the

concerned Executive Engineer asked him to give proof

that he was employed through employment exchange. He

again made several representations but was not absorbed

in service.

Since there is a contravention of Section 25H of the

Act, he be re-employed as workman w.e.f. 30.3.1984.

Respondent management filed written statement

pleading that Bhakra Management Board which was later

on renamed as Bhakra Beas Management Board was

constituted under Section 79 of the Punjab Re-organization

Act, 1966, whereas Beas Construction Board was

constituted under Section 80 of the said Act. Beas Sutlej

Link Project falls under Section 79 of the Act. That Beas

Construction Board constituted under Section 80 was

responsible for the construction and completion of the

Beas Sutlej Link Project and on its completion, the project

was handed over to Bhakra Beas Management Board,

whereas its employees were not to be transferred to the

said Board and as such the workman has no claim against

the present management.

Parties were given opportunities to lead evidence.

In support of its case workman appeared in the

witness box and filed his affidavit reiterating his stand

taken by him in the statement of claim. He has placed on

file copies of various representations made to the

department.

On the other hand, management has examined

Manwinder Singh, SDO, who filed his affidavit reiterating

the stand of the management taken in the written

statement.

I have heard Sh. R.K. Singh Parmar, AR of the

workman and Sh. S.K. Goyal, Law Officer for the

management.

It was vehemently argued by the A.R. of the

workman that the persons junior to the workman were

given re-employment by the respondent management and

as such the workman is also entitled to be re-employed

and since he has attained the age of more than 60 years,

he be paid compensation and he has carried me through

the copy of the award passed by Industrial Tribunal,

Central, Chandigarh, in support of his arguments.

I have considered the contention of the Learned

Counsel.

It is almost not disputed that workman joined the

services of Bhakra Sutlej Link Project in 1979 and was

retrenched on 30.3.1984. It is his own case that he left for

abroad for some time and he made various representations

to the authorities concerned for his re-employment. It is

not disputed that Beas Sutlej Project was to be constructed

by the Beas Management Board constituted under Section

80 of the Punjab Re-organization Act, 1966. Whereas, the

Bhakra Beas Management Board was constituted under

Section 79 of the said Act. It is not disputed that Beas

Sutlej Link Project has been taken over by the Bhakra

Beas Management Board for its maintenance and

operation.

Now, the question whether the employees of the

Beas Management Board have a right to get employment

in the Bhakra Beas Management Board and the Hon’ble

Apex Court in case of Jaswant Singh and Others Vs. Union

of India and Others reported in AIR 1980 Supreme Court

115, has specifically held that the employees of the Beas

Management Board did not become the employees of the

Bhakra Beas Management Board and observed as follows:-

A Branch of the same argument is that under

section 80(S), components of the Beas Project the

construction of which has been completed after

November 1, 1966 have to be transferred to the

Bhakra Management Board and thereupon the

provisions of Section 79 come into operation as

if the transferred works were included in clauses

(a) to (g) of section 79(1). It is urged that if any

completed component of the Beas Project is

transferred to the Bhakra Management Board as

required by section 80(S), as has been done in

the present case on May 15, 1976, the petitioners

would become the employee of the Bhakra

Management Board, since the work in connection

with which they were employed is transferred to

that Board. There is no warrant for this submission

because, though section 80(5) requires a

completed work of the Beas Project to be transferred

to the Bhakra Management Board, it does not

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % twu 6] 2015@T;s"B 16] 1937

2491

provide that persons who were employed in

connection with such a work should also be

transferred as employees of the Bhakra

Management Board. In the very nature of things

there could be no such provision because if any

persons were employed for the Beas Project only,

their employment would normally cease on

completion of that project. In fact, the petitioners

were taken in employment on temporary posts for

the purpose of completing the Beas Project. On the

completion of that Project or any other works for

which they were employed their employment would

normally come to an end, especially since the

statute from which their rights are said to flow does

not protect that employment.

Since, the workman has no right to claim

employment with the respondent, it cannot be said that he

was to be re-employed by it after his retrenchment and as

such, he has no right to ask for the relief claimed.

In result, the reference is answered against the

workman and he is not entitled to any relief. Let hard and

soft copy of the award be sent to the Central Government

for further necessary action.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh ] 21 ebZ] 2015

dk-vk.1154.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947

dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ch- ch-

,e- ch- 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; u- 2] p.Mhx<+ ds

iapkV (lanHkZ la[;k 1118@2005) dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 21@05@2015 dks izkIr gqvk Fkk A

[la- ,y- 23012/5/2002–vkbZ vkj (lh,e-II)]

eks- tkfgn 'kjhQ, vuqHkkx vf/kdkjh

New Delhi, the 21st May, 2015

S.O.1154.— In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref.No.1118/

2005) of the Cent.Govt.Indus.Tribunal-cum-Labour

Court No 2, Chandigarh as shown in the Annexure, in

the industrial dispute between the management of TSLC

Divn., Beas Construction Board, BBMB, and their

workmen, received by the Central Government on

21/05/2015.

[No. L-23012/5/2002 - IR(CM-II)]

Md. ZAHID SHARIF, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sri KEWAL KRISHAN, Presiding Officer

Case No. I.D. No.1118/2005

Registered on 22.9.2005

Sh. Karambir Singh, Son of Sh. Ram Sarup, Resident

of VPO Khanda Kheri, District Jind.

...Petitioner

Versus

1.

The Executive Engineer, TSLC Division, Beas

Construction Board, BBMB, Bhiwani.

2.

Sub Divisional Officer, TSLC Division, Beas

Construction Board, BBMB, Jind.

...Respondents

APPEARANCES

For the Workman :

Sh. Tara Chand Dhalwal, Adv.

For the Management : Sh. N.K. Zakhmi, Adv.

Award

Passed on- 17.4.2015

Central Government vide Notification No. L-

23012/5/2002 IR(CM-II) Dated 27.1.2003, by

exercising its powers under Section 10 sub-section (1)

Clause (d) and Sub Section (2-A) of the Industrial

Disputes Act, 1947 (hereinafter referred to as ‘Act’) has

referred the following Industrial Dispute for adjudication

to this Tribunal:-

“Whether the action of the management of Bhakra

Beas Construction Board now Bhakra Beas

Management Board in terminating Sh. Karambir

Singh, S/o Sh. Ram Sarup work Charge T/Mate from

services w.e.f. 30.11.1987 is legal and justified?

If not, to what relief he is entitled to?”

In response to the notice, the workman appeared

and submitted statement of claim pleading that he was

appointed on daily wages in the office of the SDO, TSLC

Division, Beas Construction Board, Jind where he worked

continuously from 13.1.1987 to 31.12.1987. His name

was struck off from the muster roll on 1.4.1988 without

serving any notice or paying him any compensation. That

persons junior to him were retained in service. In the

circumstances, his termination is illegal and he be

reinstated in service with full back wages.

It is further pleaded that he approached the Labour

court at Hisar who had no jurisdiction to decide the case

2492

THE GAZETTE OF INDIA : JUNE 6, 2015/JYAISTHA 16, 1937

[PART II—SEC. 3(ii)]

and thereafter he moved fresh demand notice and hence

this reference.

The department filed written statement admitting that

the workman was engaged for the period in question on

daily wage basis, but it is pleaded that he was engaged on

contract basis for a specific work for erection of 400 KV

Dehar-Bhiwani Line Section and on the completion of the

work, his services were disengaged. That the

disengagement do not fall within the definition of

retrenchment. It is further pleaded that his services were

disengaged in the year 1987 and filed the demand notice

in the year 2000 i.e. after a lapse of 13 years and as such he

is not entitled to any relief.

In replication the workman has pleaded that he was

not appointed against any particular work and he also

worked on 220 KV Prem Nagar-Bhiwani-Dadri line.

Parties were given opportunities to lead their

evidence.

In support of its case the workman appeared in the

witness box and filed his affidavit reiterating the stand

taken by him in the statement of claim. He placed on

record a certificate issued by the concerned officer

regarding his engagement on daily wage basis from

13.1.1987 to 31.12.1987.

On the other hand the respondent management has

examined Satbir Singh who filed his affidavit reiterating

the stand of the respondents as stated in the written

statement.

I have heard Sh. Tara Chand Dhalwal, counsel for

the workman and Sh. N.K. Zakhmi, counsel for the

management.

It was vehemently contended by the Learned

Counsel for the workman that workman continuously

worked with the management from 13.1.1987 to

31.12.1987 and he has completed more than 240 days of

continuous service in a calendar year and since his

services were terminated without payment of

retrenchment compensation, the termination is illegal.

I have considered the contention of the Learned

Counsel.

It may be added at the outset that workman himself

claims that he was appointed on daily wages and the

discontinuance of service of such a person do not amount

to retrenchment and in this respect reliance may be placed

on Divisional forest Officer, Rohtak Vs. Jagat Singh and

Others reported in 2010(4) SLR 390, wherein, it was

observed in para 4 of the judgment as follow:

It may be noticed that the definition of retrenchment

in Section 2(oo) of the Act is applicable to the

provisions contained in chapter VA containing

Sections 25F and 25H of the Act. The termination

of daily wager is not retrenchment failing within

Section 2(oo)(bb) of the Act. Therefore, the

workman, who is a daily wager, cannot be reinstated

as it does not amount to retrenchment within the

meaning of Sections 25F and 25G of the Act.

As per case of the workman, his services were

discontinued on 31.12.1987. He made the demand notice

in 2000. Though, he claims that he previously made an

attempt in the Labour Court at Hisar. But he did not produce

any document to support his assertions that he was

pursuing the remedy somewhere else. Since he lodged

claim after a lapse of more than 13 years, he cannot be

given the relief claimed after such a lapse of long time.

It is the definite case of the respondent management

that the workman was engaged for a specific for erection

of 400 KV Dehar-Bhiwani Line Section and this has been

so deposed by Satbir Singh, examined by the management.

His statement remains unrebutted on the file and therefore

it can be safely said that the workman was engaged on

daily wage basis for a specific work and on completion of

the work, his services automatically came to an end and

he cannot claim any retrenchment compensation.

In view of the circumstances stated above, if the

workman has completed 240 days of service, the same do

not entitle him to claim any relief.

In result it is held that the workman is not entitled to

any relief and the reference is accordingly answered

against him. Let hard and soft copy of the award be sent

to the Central Government for information and further

necessary action.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh] 21 ebZ] 2015

dk-vk.1155.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947

dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ,Q- lh-

vkbZ- 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; u- 2] /kuckn ds iapkV

(lanHkZ la[;k 200@1999) dks izdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 21@05@2015 dks izkIr gqvk Fkk A

[la- ,y&22012/391/1998–vkbZ vkj (lh,e-II)]

eks- tkfgn 'kjhQ, vuqHkkx vf/kdkjh

New Delhi, the 21st May, 2015

S.O.1155.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref.. 200/

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

Court No. 2, Dhanbad as shown in the Annexure, in the

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % twu 6] 2015@T;s"B 16] 1937

2493

industrial dispute between the management of Food

Corporation of India, and their workmen, received by the

Central Government on 21/05/2015.

[No. L-22012/391/1998 - IR(CM-II)]

Md. ZAHID SHARIF, 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. 200 OF 1999

PARTIES

:

Sri Binod Shankar Prasad,

Food Corp. Of India, Ltd.,

ARDC, Arunchal Building, Exhibition

Road, Patna.1

Vs. The Regional Manager,

Food Corporation of India Ltd.,

Exhibition Road, Patna.1.

Ministry’ Order No.L-22012/391/98/

IR(CM-_II) dated 25.05.1999

APPEARANCES :

On behalf of the workman/Union: Mr. K.Chakraborty,

Ld. Adv.

On behalf of the Management

: Mr. A. K. Sinha,

Ld. Adv.

State : Bihar Industry : Food

Dated, Dhanbad the 20th April,2015

A W A R D

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-22012/391/98/IR (CM-II) dated

25.05.1999 .

SCHEDULE

“Whether the demand of the Food Corporation

of India’s employees Union before the

Management of Food Corporation of India, Ranchi

to regularize the services of Sh. Suresh Ram, Casual

Driver is proper and justified? And whether the

Management should regularize the workman.”

2. Neither Union Representative nor workman

Suresh Ram appeared nor any witness for his evidence

produced despite 3rd Regd Notice to the Union

concerned for it. Mr. A. K. Sinha, Ld. Advocate for the

OP/Management appeared later on.

On perusal of the case record, it is apparent the

case of the year 1999 which is related to an issue for

the regularization of the services of the workman,

Casual Driver. It also reveals that the case has been

pending for the evidence of the workman right from

05. 06. 2006. Three Regd Notices dtt.30.06.2014,

04.08.2014 and lastly 23.02.2015 were issued to Shri

Binod Shanker Prasad, the Union Representative on

his address noted in the Reference itself for the

evidence of the workman, yet not a single witness on

behalf of the workman has been produced in support

of his claim. The Union Representative and the

workman by their conducts appear to quiet reluctant

to pursue the case for its final adjudication.

Under these circumstances, it seems no longer

an Industrial Dispute existent. Hence the case is closed

accordingly by passing an order of ‘No Dispute Award’.

KISHORI RAM, Presiding Officer

ubZ fnYyh] 25 ebZ] 2015

dk-vk-1156.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947

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

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

vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vf/kdj.k@ Je U;k;ky;] vklulksy ds iapkV (lanHkZ la[;k

09@2012) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks

25@05@2015 dks izkIr gqvk FkkA

[la- ,y-&22012/12/2012–vkbZ- vkj- (lh,e-II)]

eks- tkfgn 'kjhQ, vuqHkkx vf/kdkjh

New Delhi, the 25th May, 2015

S.O.1156 .—In pursuance of Section 17 of the

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

Government hereby publishes the Award Ref. 09/2012 of

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

ASANSOL as shown in the Annexure, in the industrial

dispute between the management of North Searsole

Colliery, M/s. E.C.Ltd., and their workmen, received by

the Central Government on 25/05/2015.

[No. L-22012/12/2012 - IR(CM-II)]

Md. ZAHID SHARIF, Section Officer

2494

THE GAZETTE OF INDIA : JUNE 6, 2015/JYAISTHA 16, 1937

[PART II—SEC. 3(ii)]

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL

TRIBUNAL –CUM- LABOUR COURT, ASANSOL

PRESENT

:

Sri Pramod Kumar Mishra,

Presiding Officer

REFERENCE No. 09 OF 2012

PARTIES: The management of J. K. Nagar Colliery of

M/s. ECL

Vs.

Sri Gopal Gorai

REPRESENTATIVES:

For the management

: None

For the union (Workman) : D. K. Routh, Br. Jt. Secy.,

CMC (HMS)

INDUSTRY:

COAL STATE : WEST BENGAL

Dated : 25.03.2015

A W A R D

In exercise of powers conferred by clause (d) of

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

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

India through the Ministry of Labour vide its letter

No. L-22012/12/2012-IR(CM-II) dated 28.03.2012 has

been pleased to refer the following dispute for adjudication

by this Tribunal.

SCHEDULE

“Whether the action of the management of J. K.

Nagar Colliery of M/s. ECL in not payment HRA @

10% of basic to Sri Gopal Gorai S/o Sri Late Chandra

Kanta Gorai is fair and justified? To what relief the

concerned workman is entitled? ”

Having received the Order No. L-22012/12/2012-

IR(CM-II) dated 28.03.2012 of the above said reference

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

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

of 2012 was registered on 19.04.2012 and accordingly

an order to that effect was passed to issue notices through

the registered post to the parties concerned directing them

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

written statements along with the relevant documents and

a list of witnesses in support of their claims. In pursuance

of the said order notices by the registered post were sent

to the parties concerned.

On perusal of the case record I find that the case

was kept reserved for an award by my predecessor (Late

Jayanta Kumer Sen, the then P.O.) because Sri D. K. Routh,

Branch Joint Secretary of the union [CMC (HMS)],

representing the workman submitted that the workman

is not any more interested to proceed with the case

further. Since the workman as well as the union are not

interested to proceed with the case I think it wise to close

the case. As such the case is closed and accordingly an

order of “No Dispute Award” may be passed.

ORDER

Let an “Award” be and same is passed as no dispute

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

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

The reference is accordingly disposed of.

PRAMOD KUMAR MISHRA, Presiding Officer

ubZ fnYyh ] 25 ebZ] 2015

dk-vk- 1157.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947

dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj bZ- lh-

,y- ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds

chp] vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vf/kdj.k@Je U;k;ky; vklulksy ds iapkV

(lanHkZ la[;k 20@2004) dks izdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 25@05@2015 dks izkIr gqvk Fkk A

[la- ,y&22012/88/2003–vkbZvkj (lh,e-II)]

eks- tkfgn 'kjhQ, vuqHkkx vf/kdkjh

New Delhi, the 25th May, 2015

S.O. 1157.—In pursuance of Section 17 of the

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

Government hereby publishes the Award Ref.No. 20/

2004 of the Cent.Govt.Indus.Tribunal-cum-Labour

Court, ASANSOL as shown in the Annexure, in the

industrial dispute between the management of Bahula

Colliery under Kenda Area, M/s ECL, and their workmen,

received by the Central Government on 25/05/2015.

[No. L-22012/88/2003-IR(CM-II)]

Md. ZAHID SHARIF, Section Officer

ANNEXURE

FORE THE CENTRAL GOVT. INDUSTRIAL

RIBUNAL-CUM-LABOUR COURT, ASANSOL.

PRESENT: Sri Pramod Kumar Mishra,

Presiding Officer

REFERENCE No. 20 OF 2004

PARTIES :

The management of Bahula Colliery under

Kenda Area, ECL

Vs.

Sri Robin Bouri

REPRESENTATIVES:

For the management: Sri P. K. Das, Ld. Advocate, ECL

For the union (Workman):Sri Rakesh Kumar, President,

KMC

INDUSTRY : COAL STATE: WEST BENGAL

DATED: 30.03.2015

¹Hkkx IIó[k.M 3(ii)º

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2495

A W A R D

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

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

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

through the Ministry of Labour vide its letter No.

L-22012/88/2003-IR(CM-II) dated 23.02.2004 has been

pleased to refer the following dispute for adjudication by

this Tribunal.

SCHEDULE

“ Whether the action of the management of Bahula

Colliery under Kenda Area of M/s. Eastern

Coalfields Limited in dismissing Sri Robin Bouri,

Cleaning Mazdoor from service vide Order No.

Pers/KEND/Termination/1060

dated

23/

25.06.1999 is legal and justified? If not, to what

relief he is entitled to?”

Having received the Order No. L-22012/88/2003-

IR(CM-II) dated 23.02.2004 of the above said reference

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

for adjudication of the dispute, a reference case No. 20

of 2004 was registered on 23.03.2004. Accordingly an

order to that effect was passed to issue notices through

the registered post to the parties concerned, directing

them to appear in the court, on the date fixed and to file

their written statements along with the relevant documents

and a list of witnesses in support of their claims. In

pursuance of the said order notices by the registered post

were sent to the parties concerned. Both the parties

appeared in the Tribunal, through their representative and

filed their separate sets of written statement in support

of their respective claims.

In brief compass the case of the workman

concerned as per his written statement is that Sri Robin

Bouri the concerned workman was a permanent employee

of the company as Cleaning Mazdoor having U.M. no

519465. He could not attend his duty with effect from

8th September, 1998 due to his sickness. He was absent

for 3 months and 20 days only. He was charge sheeted

on 28th December, 1998. The workman replied to the

charge sheet. Management decided to hold a domestic

enquiry and accordingly the enquiry was held. The

workman participated in the enquiry proceeding and

stated his reason for his absence from duty. The

Management did not consider his explanation and passed

dismissal order with effect from 25.06.1999. The

workman again represented to the management for his

re-instatement but his request was not considered. The

punishment should always be proportionate to the nature

of offence but in this case punishment awarded to

workman is quite disproportionate to the nature of

offence. Sri Robin Bouri belongs to schedule caste

community which is weaker section of the society. He is

not aware of the rules and regulations of the company.

His absence was unintentional but due to his sickness.

He should not have been awarded the punishment of

dismissal. Workman has prayed for re-instatement in

service with full back wages and consequential benefit.

On the other hand, the defence case of the

management as per their statement in brief is that reference

is misconceived one. Further the case of the management

is that Sri Robin Bouri, the workman was Cleaning Mazdoor

in Bahula Colliery. He was charge sheeted by management

vide charge sheet No. Agent/BC/C-6E/31/98/2089 dated

28.12.98 for his act of misconduct under clause 17(i) (n) of

Model Standing Order. The workman submitted his reply

to the said Charge Sheet but explanation offered by ex-

workman was found unsatisfactory. Therefore the

domestic enquiry was conducted by the Enquiry Officer

against charge sheeted workman in his presence. The

workman was given all reasonable opportunity to defend

his case in accordance with the Principle of Natural Justice.

After conclusion of enquiry, Enquiry Officer submitted

his report. The Disciplinary Authority after careful

consideration of charge sheet, enquiry proceeding and

other connected papers was pleased to award an Order of

Dismissal of the concerned workman from his service. The

guilt of the workman was proved. It is denied that ex-

workman was absent due to his illness. It is denied that

the punishment awarded to delinquent workman is harsh

and disproportionate. The workman is not entitled to get

any relief as prayed for.

The workman has filed copy of letter to the

management of Bahula Colliery, copy of Fitness Certificate

and copy of Letter to General Manager in documentary

evidence. The Management has filed copy of Show Cause,

copy of Enquiry Notice, copy of Enquiry Proceeding and

Enquiry Report, copy of Notice, copy of 2nd Notice after

enquiry and copy of Dismissal Order in documentary

evidence.

Neither party of the reference has submitted any

oral evidence.

I have heard the argument of Sri Rakesh Kumar,

Union Representative on behalf of the workman and Sri

P. K. Das, Ld. Advocate on behalf of the management.

Sri Rakesh Kumar, Union Representative has argued

that as per N.C.W. Agreement if any workman upto age of

45 years remained absent upto 9 months he will be re-

instated. The workman was absent only for 3 months and

20 days. Therefore, as per N.C.W. Agreement he ought

to have been re-instated. He further argued that the

punishment awarded to delinquent workman i.e. dismissal

from service is too harsh and disproportionate for absence

of only for 3 months and 20 days and the workman was

absent due to his illness. On the other hand Sri P.K. Das,

Ld. Advocate has argued on behalf of management is

that in the Enquiry Proceeding the explanation of

workman regarding sickness was found unsatisfactory.

Therefore, after Enquiry Proceeding he was dismissed.

2496

THE GAZETTE OF INDIA : JUNE 6, 2015/JYAISTHA 16, 1937

[PART II—SEC. 3(ii)]

The workman has participated in Enquiry Proceeding. If

workman remained absent from the duty any industry can

not function. The punishment of dismissal is quite

proportionate to the gravity of misconduct.

It is not disputed that Sri Robin Bouri was a

permanent employee of Bahula Colliery of Eastern Coal

Fields Limited as Cleaning Mazdoor. It is admitted by

both the parties that he remained absent from duty for

3 months and 20 days with effect from 8th September

,1998.

In so far as the relationship of Industrial

employment is concerned, a workman has certain express

implied obligations towards his employer. Any conduct

on the part of the employee inconsistent with the official

discharge of his duties towards his employer would be

misconduct. In Industrial Law the word misconduct has

acquired a specific connotation. It can not mean only

inefficiency and slackness, it is something for more

positive and certainly deliberate. The charge of

misconduct is therefore conduct which would be quite

incompatible with the express of implied terms of

relationship of the employee to the employer. The

misconduct has been defined in Model Standing Order

of Eastern Coal Fields Limited.

The workman as per his version was absent from

his duty due to his sickness. He has submitted a copy of

fitness certificate dated 9th day of January, 1999 of

Dr. H. Bouri who is B.A.M.S doctor. As per medical

certificate he was suffering from hepatitis. As per medical

certificate he was under treatment from 8th September, 1998

to 8th January, 1999. But this fitness certificate is not

supported with any treatment of history, prescription and

purchase of medicine and any Pathological report etc.

This Medical Certificate does not inspire confidence.

The workman has filed a letter to General Manager for his

explanation regarding his absence.

For absence of delinquent workman the enquiry was

conducted. The Agent, Bahula Colliery issued Show

Cause Notice in reference of Model Standing Order to

delinquent workman Sri Robin Bouri by a letter No.

Agent/BC/C-6E/31/98/2809 dated 28th December,

1998. After receiving explanation from Sri Robin Bouri,

the delinquent workman, the enquiry officer issued

Notice of Enquiry of Sri Robin Bouri by letter No. Agent/

BC/C-6E/31/17/103 dated 9th January, 1999. Though the

copy of Enquiry Notice has been filed on record by the

management but the management has not filed the copy

of charge sheet supplied to workman.

Charge sheet is a charter of disciplinary action.

Domestic enquiry commences with the service of charge

sheet. In other words before the proceeding with the

domestic enquiry against an offending workman, he must

be informed clearly, precisely and accurately of the

charges leveled against him. It is the duty of the employer

to indicate the delinquent employee not only precise nature

of charges, but also the document, if any, upon which

charges are based.

The charge sheet should specifically set out all

charges, which the workman is called upon to show cause

against and should also state all relevant particulars,

without which he can not defend himself. The object of

this requirement is that the delinquent workman must know

what he is charged with and have the amplest opportunity

to meet the charge and to defend himself by giving proper

explanation, otherwise it will amount that he is condemned

unheard. Fair hearing pre-supposes a precise and definite

catalogue of charges, so that the workman charged may

understand effectively to meet them. Any amount of

evidence led in the enquiry is no substitute for a charge

sheet, clearly setting forth the allegations. If without

issuing charge sheet, the domestic enquiry is held, there

is no domestic enquiry at all.

In the present reference there is no copy of charge

sheet against the delinquent workman. It is necessary to

re-iterate that copy of enquiry proceeding has been

submitted by the management. It was the duty of the

management to furnish the copy of charge sheet on the

filed reference of the tribunal. If there is copy of enquiry

proceeding and report but without copy of charge sheet it

will be presumed that there is no charge sheet against

the workman. If the workman is punished without being

served the charge sheet, it is clear violation of Principle of

Natural Justice.

Though from the enquiry proceeding it transpires

that workman has participated in enquiry proceeding he

has been cross-examined the witness of management. He

was given second show cause notice before passing

Order of Dismissal. But no amount of evidence led in the

enquiry is substitute for charge sheet. If enquiry

proceeding is conducted without framing of charge against

workman and having served to the delinquent workman, it

will be presumed that there is no domestic enquiry at all in

the eye of law.

As per N.C.W. Agreement if any workman whose

age is below 45 years remained absent upto nine months

he can be re-instated. In the present case the workman

was absent only for 3 months and 20 days. Therefore, as

per N.C.W. Agreement also the workman concerned could

have been re-instated for this period of absence though it

is misconduct.

When different categories of penalties can be

imposed in respect of absence from duty, one of which is

dismissal of service, the Disciplinary Authority is

required to consult himself for selecting most appropriate

penalty from out of range of penalties available that can

be imposed, having regard to the nature, content and

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % twu 6] 2015@T;s"B 16] 1937

2497

gravity of the default. If the lesser penalty can be imposed

without seriously jeopardizing the interest of employer or

industry, Disciplinary Authority should not impose

maximum of penalty of dismissal from service. Dismissal

from service for merely absence for 3 months and 20 days

is quite harsh and disproportionate to the fault of the

delinquent workman.

The workman has not stated anywhere in the written

statement that he was not gainfully employed anywhere

during the period of dismissal. The burden of proof that

he was not gainfully employed anywhere is initially on the

workman. Hon’ble Supreme Court in Kendriya Vidyalaya

Sangathan V/s S.C. Sharma, AIR 2005 page 768 has held

that when the question of determining entitlement of a

person to back wages is concerned the employee has to

show that he was not gainfully employed.

In view of the discussion above, I think it just and

proper to modify and substitute the punishment exercising

power u/s 11(a) of Industrial Dispute Act, 1947 and

accordingly the impugned order of dismissal of the

concerned workman Sri Robin Bouri is hereby set aside

and is directed to be re-instated with the continuity of the

service with punishment of stoppage of two increments

with cumulative effect. It is further directed that workman

will be entitled to get only 25% of back wages with all

consequential benefits.

O R D E R

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

above discussion. Send the copies of the order to the

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

information and needful. The reference is accordingly

disposed of.

PRAMOD KUMAR MISHRA, Presiding Officer

ubZ fnYyh ] 25 ebZ] 2015

dk-vk-1158.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947

dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj bZ- lh-

,y- ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds

chp] vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vf/kdj.k@Je U;k;ky; vklulksy ds

iapkV (lanHkZ la[;k 14@2000) dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 25@05@2015 dks izkIr gqvk Fkk A

[la- ,y&22012/337/1999–vkbZvkj (lh,e-II)]

eks- tkfgn 'kjhQ, vuqHkkx vf/kdkjh

New Delhi, the 25th May, 2015

S.O. 1158.— In pursuance of Section 17 of the

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

Government hereby publishes the Award Ref. No.14/

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

Court, ASANSOL as shown in the Annexure, in the

industrial dispute between the management of Lachipur

Colliery of M/s ECL and their workmen, received by the

Central Government on 25/05/2015.

[No - L-22012/337/1999 - IR(CM-II)]

Md. ZAHID SHARIF, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL

TRIBUNAL –CUM- LABOUR COURT, ASANSOL

PRESENT:

Sri Pramod Kumar Mishra,

Presiding Officer

REFERENCE NO. 14 OF 2000

PARTIES

:

The management of Lachipur Colliery

of M/s. ECL

Vs.

Sri Kalipada Bouri

REPRESENTATIVES:

For the management

: Sri P. K. Das, Ld. Advocate,

ECL

For the union (Workman): Sri Rakesh Kumar, President,

KMC

INDUSTRY: COAL STATE: WEST BENGAL

Dated : 06.04.2015

A W A R D

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

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

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

through the Ministry of Labour vide its letter No.

L-22012/337/99/IR(CM-II) dated 27.01.2000 has been

pleased to refer the following dispute for adjudication by

this Tribunal.

SCHEDULE

“ Whether the action of the management of Lachipur

Colliery of M/s. ECL in dismissing Sh. Kalipada

Bouri, workman from services is legal and justified?

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

Having received the Order No. L-22012/337/99/

IR(CM-II) dated 27.01.2000 of the above said reference

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

adjudication of the dispute, a reference case No. 14 of

2000 was registered on 07.02.2000 and accordingly an

order to that effect was passed to issue notices through

the registered post to the parties concerned directing them

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

written statements along with the relevant documents and

a list of witnesses in support of their claims. In pursuance

2498

THE GAZETTE OF INDIA : JUNE 6, 2015/JYAISTHA 16, 1937

[PART II—SEC. 3(ii)]

of the said order notices by the registered post were sent

to the parties concerned.

Case called out. Sri Rakesh Kumar, President, KMC,

representing the workman and Sri P. K. Das, Ld. Advocate

on behalf of the management are present.

Sri Rakesh Kumar submits that the case may be

closed and a no dispute award may be passed as the

workman has expired. Since the workman has expired and

none of his legal heirs are interested to proceed with the

case further, the case is closed and accordingly a ‘No

Dispute Award’ may be passed.

ORDER

Let an “Award” be and same is passed as no dispute

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

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

The reference is accordingly disposed of.

PRAMOD KUMAR MISHRA, Presiding Officer

ubZ fnYyh] 25 ebZ] 2015

dk-vk-1159.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947

dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj bZ- lh-

,y- ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds

chp] vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vf/kdj.k@Je U;k;ky; vklulksy ds

iapkV (lanHkZ la[;k 10@2011) dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 25@05@2015 dks izkIr gqvk Fkk A

[la- ,y-22012/57/2011–vkbZvkj (lh,e-II)]

eks- tkfgn 'kjhQ, vuqHkkx vf/kdkjh

New Delhi, the 25th May, 2015

S.O. 1159.— In pursuance of Section 17 of the

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

Government hereby publishes the Award Ref. No.

10/2011 of the Cent. Govt. Indus. Tribunal-cum-Labour

Court, ASANSOL as shown in the Annexure, in the

industrial dispute between the management of M/s

Eastern Coalfields Limited and their workmen, received

by the Central Government on 25/05/2015.

[No. L-22012/57/2011-IR(CM-II)]

Md. ZAHID SHARIF, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL

TRIBUNAL –CUM- LABOUR COURT, ASANSOL

PRESENT:

Sri Pramod Kumar Mishra,

Presiding Officer

REFERENCE NO. 10 OF 2011

PARTIES:

The management of MIC Jhanjra Project

Colliery of M/s. ECL

Vs.

Sri Dilip Kumar Nayak

REPRESENTATIVES:

For the management:

None

For the union (Workman): Sri S. K. Pandey, Gen. Secy.,

CMC

INDUSTRY : COAL STATE : WEST BENGAL

Dated : 08.04.2015

A W A R D

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

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

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

through the Ministry of Labour vide its letter No.

L-22012/57/2011-IR(CM-II) dated 18.07.2011 has been

pleased to refer the following dispute for adjudication by

this Tribunal.

SCHEDULE

“ Whether the action of the management of MIC

Jhanjra Project Colliery under M/s ECL in dismissing

Sri Dilip Kumar Nayak, Carpenter Helper, U.M. No.

694334 w.e.f. 12.09.2009 is legal and justified? To

what relief the workman concerned is entitled to? ”

Having received the Order No. L-22012/57/2011-

IR(CM-II) dated 18.07.2011 of the above said reference

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

adjudication of the dispute, a reference case No. 10 of

2011 was registered on 07.02.2000 and accordingly an order

to that effect was passed to issue notices through the

registered post to the parties concerned directing them to

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

statements along with the relevant documents and a list

of witnesses in support of their claims. In pursuance of

the said order notices by the registered post were sent to

the parties concerned.

Case called out. Sri S. K. Pandey, General

Secretary of the union (CMC) appears on behalf of the

workman but none on behalf of the management.

Sri S. K. Pandey makes an endorsement on the order

sheet to the effect that the workman is not interested to

proceed with the case further. So the case may be closed.

Since the workman is not interested to proceed with the

case further the case is closed and a “No Dispute Award”

may be passed accordingly.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % twu 6] 2015@T;s"B 16] 1937

2499

ORDER

Let an “Award” be and same is passed as no dispute

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

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

The reference is accordingly disposed of.

PRAMOD KUMAR MISHRA, Presiding Officer

ubZ fnYyh] 25 ebZ] 2015

dk-vk- 1160.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947

dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ch- lh-

lh- ,y- ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa

ds chp] vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vf/kdj.k@Je U;k;ky; vklulksy ds

iapkV (lanHkZ la[;k 53@1999) dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 25@05@2015 dks izkIr gqvk Fkk A

[la- ,y&22012/271/1998–vkbZvkj (lh,e-II)]

eks- tkfgn 'kjhQ, vuqHkkx vf/kdkjh

New Delhi, the 25th May, 2015

S.O.1160 .—In pursuance of Section 17 of the

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

Government hereby publishes the Award Ref. No. 53/

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

Court, ASANSOL as shown in the Annexure, in the

industrial dispute between the management of Victoria

West Colliery of M/s BCCL and their workmen, received

by the Central Government on 25/05/2015

[No. L-22012/271/1998 - IR(CM-II)]

Md. ZAHID SHARIF, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL

TRIBUNAL –CUM- LABOUR COURT, ASANSOL

PRESENT :

Sri Pramod Kumar Mishra,

Presiding Officer

REFERENCE NO. 53 OF 1999

PARTIES:

The management of Victoria West Colliery

of M/s. BCCL

Vs.

Sri Dharmesh Deva and 13 others

REPRESENTATIVES:

For the management:

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

For the union (Workman):Sri S. K. Pandey, Gen. Secy.,

CMC

INDUSTRY : COAL STATE : WEST BENGAL

Dated : 10.04.2015

A W A R D

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

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

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

through the Ministry of Labour vide its letter No.

L-22012/271/98-IR(CM-II) dated 05.05.1999 has been

pleased to refer the following dispute for adjudication by

this Tribunal.

SCHEDULE

“ Whether the action of the management of Victoria

West Colliery under C.V. Area of M/s. BCCL is

justified in denying the pay protection in fixation of

initial pay in the regularized / converted category is

justified? If not, to what relief Sh. Dharmesh Deva

and 13 others are entitled?”

Having received the Order No. L-22012/271/98-

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

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

adjudication of the dispute, a reference case No. 53 of

1999 was registered on 07.06.1999 and accordingly an

order to that effect was passed to issue notices through

the registered post to the parties concerned directing them

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

written statements along with the relevant documents and

a list of witnesses in support of their claims. In pursuance

of the said order notices by the registered post were sent

to the parties concerned.

Case called out. Sri P. K. Das, Ld. Adv. appears on

behalf of the management but none appears on behalf of

the workman.

This reference belongs to year 1999. Since many

date workman / union is not present in spite of this

reference is one of the oldest references of this tribunal.

Even after passing of 16 years union / workman has not

file written statement yet. Registered notice has been

served on 01.12.2014, even after service of registered

notice date was fixed on 05.02.2015. Workman / union

representative are absent even today no one present on

behalf of the workman. It appears that the workman is

not interested in contesting the reference anymore. There

is no use of fixing another date. Hence, a “No Dispute

Award” may be passed accordingly.

ORDER

Let an “Award” be and same is passed as no dispute

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

India, Ministry of Labour, New Delhi, for information

and needful. The reference is accordingly disposed of.

PRAMOD KUMAR MISHRA, Presiding Officer

2500

THE GAZETTE OF INDIA : JUNE 6, 2015/JYAISTHA 16, 1937

[PART II—SEC. 3(ii)]

ubZ fnYyh] 25 ebZ] 2015

dk-vk-1161.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947

dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj bZ- lh-

,y- ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds

chp] vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vf/kdj.k@Je U;k;ky; vklulksy ds

iapkV (lanHkZ la[;k 09@1999) dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 25@05@2015 dks izkIr gqvk Fkk A

[la- ,y--22012/79/1998–vkbZvkj (lh,e-II)]

eks- tkfgn 'kjhQ, vuqHkkx vf/kdkjh

New Delhi, the 25th May, 2015

S.O.1161.—In pursuance of Section 17 of the

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

Government hereby publishes the Award Ref.09/1999 of

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

ASANSOL as shown in the Annexure, in the industrial

dispute between the management of Shankarpur Colliery

of M/s ECL and their workmen, received by the Central

Government on 25/05/2015

[No. L-22012/79/1998-IR(CM-II)]

Md. ZAHID SHARIF, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL

TRIBUNAL –CUM- LABOUR COURT, ASANSOL

PRESENT:

Sri Pramod Kumar Mishra,

Presiding Officer

REFERENCE NO. 09 OF 1999

PARTIES:

The management of Pure Seetalpur Unit of

Shankarpur Colliery of M/s. ECL

Vs.

Sri T. K. Pandey

REPRESENTATIVES:

For the management:

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

For the union (Workman): Sri S. K. Pandey, Gen. Secy.,

CMC

INDUSTRY : COAL STATE : WEST BENGAL

Dated : 22.04.2015

A W A R D

In exercise of powers conferred by clause (d) of

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

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

India through the Ministry of Labour vide its letter No.

L-22012/79/98-IR(CM-II) dated 22.01.1999 has been

pleased to refer the following dispute for adjudication by

this Tribunal.

SCHEDULE

“ Whether the action of the management of Pure

Seetalpur Unit of Shankarpur Colliery of M/s. ECL

by not regularizing Sh. T. K. Pandey, Timber Mistry,

as Canteen Manager is legal and justified? If not, to

what relief Sh. Dharmesh Deva and 13 others are

entitled? ”

Having received the Order No. L-22012/79/98-

IR(CM-II) dated 22.01.1999 of the above said reference

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

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

1999 was registered on 22.01.1999 and accordingly an

order to that effect was passed to issue notices through

the registered post to the parties concerned directing them

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

written statements along with the relevant documents and

a list of witnesses in support of their claims. In pursuance

of the said order notices by the registered post were sent

to the parties concerned.

Case called out. Sri P. K. Das, Ld. Adv. representing

the management and Sri S. K. Pandey, General Secretary

of the union (CMC), representing the workman are present.

Sri. S. K. Pandey submits that the case may be closed

and necessary order to that effect may be passed as the

workman is not anymore interested to proceed with the

case further. The case is also too old – 1999. I find no

reason to keep this old record pending, as the workman is

not at all interested to proceed with the case further. As

such the case is closed a ‘No Dispute Award’ may be

passed accordingly.

ORDER

Let an “Award” be and same is passed as no dispute

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

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

The reference is accordingly disposed of.

PRAMOD KUMAR MISHRA, Presiding Officer

ubZ fnYyh] 25 ebZ] 2015

dk-vk- 1162.—vkS|ksfxd fookn vf/kfu;e] 1947

(1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj

lh,eihMhvkbZ ds izca/kra= ds lac) fu;kstdksa vkSj muds

deZdkjksa ds chp] vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky; vklulksy

ds iapkV (lanHkZ la[;k 18@1999) dks izdkf'kr djrh gS]

tks dsUnzh; ljdkj dks 25@05@2015 dks izkIr gqvk Fkk A

[la- ,y-22012/110/1998 - vkbZvkj (lh,e-II)]

eks- tkfgn 'kjhQ] vuqHkkx vf/kdkjh

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % twu 6] 2015@T;s"B 16] 1937

2501

New Delhi, the 25th May, 2015

S.O.1162. —In pursuance of Section 17 of the

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

Government hereby publishes the Award Ref. No.18/

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

Court, ASANSOL as shown in the Annexure, in the

industrial dispute between the management of CMPDI and

their workmen, received by the Central Government on

25/05/2015.

[No.- L-22012/110/1998 - IR(CM-II)]

Md. ZAHID SHARIF, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL

TRIBUNAL –CUM- LABOUR COURT, ASANSOL

PRESENT:

Sri Pramod Kumar Mishra,

Presiding Officer

REFERENCE NO. 18 OF 1999

PARTIES: The management of CMPDI, Regional Institute,

Asansol

Vs.

Sri N. L. Dubey

REPRESENTATIVES:

For the management:

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

For the union (Workman): Sri S. K. Pandey, Gen. Secy.,

CMC

INDUSTRY: COAL STATE: WEST BENGAL

Dated : 23.04.2015

A W A R D

In exercise of powers conferred by clause (d) of

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

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

India through the Ministry of Labour vide its letter No.

L-22012/110/98-IR(CM-II) dated 27.01.1999 has been

pleased to refer the following dispute for adjudication

by this Tribunal.

SCHEDULE

“ Whether the action of the management of

CMPDI, Regional Institute, Asansol in not

regularizing Sh. N.L. Dubey, Cat. I Mazdoor as

Clerk is justified? If not, to what relief is the

workman entitled?"

Having received the Order No. L-22012/110/98-

IR(CM-II) dated 27.01.1999 of the above said reference

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

adjudication of the dispute, a reference case No. 18 of

1999 was registered on 09.02.1999 and accordingly an

order to that effect was passed to issue notices through

the registered post to the parties concerned directing them

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

written statements along with the relevant documents and

a list of witnesses in support of their claims. In pursuance

of the said order notices by the registered post were sent

to the parties concerned.

Case called out. Sri P. K. Das, Ld. Adv. representing

the management and Sri S. K. Pandey, General Secretary

of the union (CMC), representing the workman are present.

Sri. S. K. Pandey submits that the case may be closed

and necessary order to that effect may be passed as the

workman is not anymore interested to proceed with the

case further. He also made endorsement on the order sheet

in this regard. This is a very old case in the year of 1999

and the workman is also not interested to proceed with

the case further. So I have no option left but to close the

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

Dispute Award’ may be passed.

ORDER

Let an “Award” be and same is passed as no dispute

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

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

The reference is accordingly disposed of.

PRAMOD KUMAR MISHRA, Presiding Officer

ubZ fnYyh] 25 ebZ] 2015

dk-vk- 1163. —vkS|ksfxd fookn vf/kfu;e] 1947 (1947

dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj bZ- lh-

,y- ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds

chp] vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vf/kdj.k@Je U;k;ky;] vklulksy ds iapkV

(lanHkZ la[;k 30@1999) dks izdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 25@05@2015 dks izkIr gqvk Fkk A

[la0 ,y- 22012/251/1998–vkbZvkj (lh,e-II)]

eks- tkfgn 'kjhQ, vuqHkkx vf/kdkjh

New Delhi, the 25th May, 2015

S.O. 1163.— In pursuance of Section 17 of the

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

Government hereby publishes the Award Ref. No.

30/1999 of the Cent. Govt. Indus. Tribunal-cum-Labour

Court, ASANSOL as shown in the Annexure, in the

industrial dispute between the management of Chora

Colliery of M/s ECL and their workmen, received by the

Central Government on 25/05/2015.

[No.- L-22012/251/1998 - IR(CM-II)]

Md. ZAHID SHARIF, Section Officer

2502

THE GAZETTE OF INDIA : JUNE 6, 2015/JYAISTHA 16, 1937

[PART II—SEC. 3(ii)]

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL

TRIBUNAL –CUM- LABOUR COURT, ASANSOL

PRESENT:

Sri Pramod Kumar Mishra,

Presiding Officer

REFERENCE NO. 30 OF 1999

PARTIES:

The management of Chora Colliery of

M/s. ECL

Vs.

Sri Jageshwar Bhuiya

REPRESENTATIVES:

For the management:

Sri P. K. Goswami, Ld.

Adv. ECL

For the union (Workman):

Sri Rakesh Kumar,

President , KMC

INDUSTRY : COAL STATE : WEST BENGAL

Dated : 28.04.2015

AWARD

In exercise of powers conferred by clause (d) of

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

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

India through the Ministry of Labour vide its letter No.

L-22012/251/98-IR(CM-II) dated 26/27.05.1999 has

been pleased to refer the following dispute for

adjudication by this Tribunal.

SCHEDULE

“ Whether the action of the management of

Chora Colliery of M/s. Eastern Coalfields

Limited in having the age of Sh. Jageshwar

Bhuiya, Ex-Line Mazdoor assessed by Apex

Medical Board and forcefully superannuating

him on 25.01.1990 is legal and justified? If not,

to what relief is the workman entitled?”

Having received the Order No. L-22012/251/98-

IR(CM-II) dated 26/27.05.1999 of the above said reference

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

for adjudication of the dispute, a reference case No. 30

of 1999 was registered on 07.06.1999 and accordingly

an order to that effect was passed to issue notices through

the registered post to the parties concerned directing

them to appear in the court on the date fixed and to file

their written statements along with the relevant documents

and a list of witnesses in support of their claims. In

pursuance of the said order notices by the registered post

were sent to the parties concerned.

Case called out. Sri P. K. Goswami, Ld. Adv.

representing the management and Sri Rakesh Kumar,

President of the union (KMC), representing the workman

are present.

Sri. Rakesh Kumar submits that the case may be

closed and necessary order to that effect may be passed

as the workman is not anymore interested to proceed with

the case further. He also made endorsement on the order

sheet in this regard. This is one of the oldest cases of this

tribunal - in the year of 1999. Since the workman is not

interested to proceed with the case further I have no option

left but to close the case. As such the case is closed and

accordingly a ‘No Dispute Award’ may be passed.

ORDER

Let an “Award” be and same is passed as no dispute

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

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

The reference is accordingly disposed of.

PRAMOD KUMAR MISHRA, Presiding Officer

ubZ fnYyh] 25 ebZ] 2015

dk-vk-1164 . —vkS|ksfxd fookn vf/kfu;e] 1947

(1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj

bZ- lh- ,y- ds izca/kra= ds lac) fu;kstdksa vkSj muds

deZdkjksa ds chp] vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k@ Je U;k;ky; vklulksy

ds iapkV (lanHkZ la[;k 92@1999) dks izdkf'kr djrh gS]

tks dsUnzh; ljdkj dks 25@05@2015 dks izkIr gqvk Fkk A

[la0 ,y- 22012/361/1998–vkbZvkj (lh,e-II)]

eks- tkfgn 'kjhQ, vuqHkkx vf/kdkjh

New Delhi, the 25th May, 2015

S.O. 1164. —In pursuance of Section 17 of the

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

Government hereby publishes the Award Ref. No. 92/

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

Court, ASANSOL as shown in the Annexure, in the

industrial dispute between the management of Nageshwar

Satgram Colliery of M/s ECL and their workmen, received

by the Central Government on 25/05/2015.

[No. - L-22012/361/1998 - IR(CM-II)]

Md. ZAHID SHARIF, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL

TRIBUNAL –CUM- LABOUR COURT, ASANSOL

PRESENT: Sri Pramod Kumar Mishra,

Presiding Officer

REFERENCE NO. 92 OF 1999

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % twu 6] 2015@T;s"B 16] 1937

2503

PARTIES:

The management of Nageshwar Satgram

Colliery of M/s ECL

Vs.

Smt. Lotni Bouri

REPRESENTATIVES:

For the management:

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

For the union (Workman): Sri Rakesh Kumar, President,

KMC

INDUSTRY: COAL STATE: WEST BENGAL

Dated : 11.05.2015

A W A R D

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

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

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

through the Ministry of Labour vide its letter No.

L-22012/361/98-IR(CM-II) dated 09.07.1999 has been

pleased to refer the following dispute for adjudication by

this Tribunal.

SCHEDULE

“Whether the action of the management of

Nageshwar Satgram Colliery, ECL in denying

voluntary retirement and denial of medical

examination by Apex Medical Board to Smt. Lotni

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

the workman concerned entitled?”

Having received the Order No. L-22012/361/98-

IR(CM-II) dated 09.07.1999 of the above said reference

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

adjudication of the dispute, a reference case No. 92 of

1999 was registered on 23.07.1999 / 19.09.2001 and

accordingly an order to that effect was passed to issue

notices through the registered post to the parties

concerned directing them to appear in the court on the

date fixed and to file their written statements along with

the relevant documents and a list of witnesses in support

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

the registered post were sent to the parties concerned.

Case called out. Sri P. K. Das, Ld. Adv. representing

the management and Sri Rakesh Kumar, President of the

union (KMC), representing the workman are present.

Sri Rakesh Kumar submits that the workman has

already superannuated from service and now no dispute

exists between the parties. He also endorsed it on the

order sheet. Since no dispute exists between the parties,

the case is closed and accordingly a “No Dispute Award”

may be passed.

ORDER

Let an “Award” be and same is passed as no dispute

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

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

The reference is accordingly disposed of.

PRAMOD KUMAR MISHRA, Presiding Officer

ubZ fnYyh] 25 ebZ] 2015

dk-vk- 1165. —vkS|ksfxd fookn vf/kfu;e] 1947

(1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj

bZ- lh- ,y- ds izca/kra= ds lac) fu;kstdksa vkSj muds

deZdkjksa ds chp] vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k@ Je U;k;ky; vklulksy

ds iapkV (lanHkZ la[;k 67@2000) dks izdkf'kr djrh gS]

tks dsUnzh; ljdkj dks 25@05@2015 dks izkIr gqvk Fkk A

[la0 ,y- 22012/527/1999–vkbZ- vkj- (lh,e-II)]

eks- tkfgn 'kjhQ, vuqHkkx vf/kdkjh

New Delhi, the 25th May, 2015

S.O.1165 . —In pursuance of Section 17 of the

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

Government hereby publishes the Award Ref. No. 67/

2000 of theCent.Govt.Indus.Tribunal-cum-Labour

Court, ASANSOL as shown in the Annexure, in the

industrial dispute between the management of Banshra

Satgram Colliery of M/s ECL and their workmen,

received by the Central Government on 25/05/2015.

[No. - L-22012/527/1999 - IR(CM-II)]

Md. ZAHID SHARIF, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL

TRIBUNAL –CUM- LABOUR COURT, ASANSOL

PRESENT: Sri Pramod Kumar Mishra,

Presiding Officer

REFERENCE No. 67 OF 2000

PARTIES:

The management of Banshra Colliery of

M/s ECL

Vs.

Sri Bindheswar Mahato

REPRESENTATIVES:

For the management:

Sri P. K. Goswami, Ld. Adv.

ECL

For the union (Workman): None

INDUSTRY: COAL STATE: WEST BENGAL

Dated : 12.05.2015

2504

THE GAZETTE OF INDIA : JUNE 6, 2015/JYAISTHA 16, 1937

[PART II—SEC. 3(ii)]

A W A R D

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

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

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

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

527/99-IR(CM-II) dated 27.07.2000 has been pleased to

refer the following dispute for adjudication by this

Tribunal.

SCHEDULE

“ Whether the action of the management of Banshra

Colliery in refusing to accept the date of birth w.e.f.

26.05.45 as per the Mining Sirdarship Certificate in

respect of Sh. Bindheswar Mahato, Safety

Production Assistant is legal and justified? If not,

to what relief the concerned workman is entitled?”

Having received the Order No. L-22012/527/99-

IR(CM-II) dated 27.07.2000 of the above said reference

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

for adjudication of the dispute, a reference case No. 67

of 2000 was registered on 07.08.2000 and accordingly

an order to that effect was passed to issue notices through

the registered post to the parties concerned directing

them to appear in the court on the date fixed and to file

their written statements along with the relevant documents

and a list of witnesses in support of their claims. In

pursuance of the said order notices by the registered post

were sent to the parties concerned.

Case called out both parties are absent.

On perusal of case record I find that the case was

ordered for “No Dispute Award” on 14.03.2002 and

accordingly. No Dispute Award was issued on the same

date i.e. 14.03.2002. On 29.04.2002 the union applied

for restoration of the reference and accordingly the

reference was restored on 01.02.2006 the reference case

was restored and fixed for filing written statement by

the union. Registered notice was issued on 25.03.2009,

16 dates were granted after that. Again notice was issued

on 04.01.2012 and 18 dates granted. Final notice was

again sent to the union on 19.12.2014 but to no effect.

So it is apparent from the record that the workman is not

at all interested to proceed with the case further. As such

the case is closed and accordingly a “No Dispute Award”

may be passed.

ORDER

Let an “Award” be and same is passed as no dispute

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

India, Ministry of Labour, New Delhi, for information and

needful. The reference is accordingly disposed of.

PRAMOD KUMAR MISHRA, Presiding Officer

ubZ fnYyh] 25 ebZ] 2015

dk-vk-1166 . —vkS|ksfxd fookn vf/kfu;e] 1947 (1947

dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj bZ- lh-

,y- ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds

chp] vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vf/kdj.k@Je U;k;ky; vklulksy ds iapkV

(lanHkZ la[;k 02@2000) dks izdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 25@05@2015 dks izkIr gqvk Fkk A

[la0 ,y- 22012/254/1999–vkbZvkj (lh,e-II)]

eks- tkfgn 'kjhQ, vuqHkkx vf/kdkjh

New Delhi, the 25 May, 2015

S.O.1166.— In pursuance of Section 17 of the

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

Government hereby publishes the Award Ref. No.

02/2000 of the Cent. Govt. Indus.Tribunal-cum-Labour

Court, ASANSOL as shown in the Annexure, in the

industrial dispute between the management of Khas Kajora

Colliery of M/s ECL and their workmen, received by the

Central Government on 25/05/2015.

[No. - L-22012/254/1999 - IR(CM-II)]

Md. ZAHID SHARIF, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, ASANSOL.

PRESENT: Sri Pramod Kumar Mishra,

Presiding Officer

REFERENCE NO. 02 OF 2000

PARTIES:

The management of Khas Kajora Colliery,

ECL

Vs.

Sri Damu Dakua

REPRESENTATIVES:

For the management:

Sri P. K. Das, Ld. Advocate,

ECL

For the union (Workman):Sri Rakesh Kumar, President,

KMC

INDUSTRY: COAL STATE: WEST BENGAL

DATED: 14.03.2015

A W A R D

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

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

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

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

254/1999-IR(CM-II) dated 21.12.1999 has been pleased

to refer the following dispute for adjudication by this

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % twu 6] 2015@T;s"B 16] 1937

2505

Tribunal.

SCHEDULE

“Whether the action of the management of Khas

Kajora Colliery, of M/s. Eastern Coalfields Limited,

in dismissing Sri Damu Dakua, General Mazdoor

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

entitled to?”

Having received the Order NO. L-22012/254/1999-

IR(CM-II) dated 21.12.1999 of the above said reference

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

adjudication of the dispute, a reference case No. 02 of

2000 was registered on 05.01.2000 / 10.10.2001. Accordingly

an order to that effect was passed to issue notices through

the registered post to the parties concerned, directing them

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

written statements along with the relevant documents and

a list of witnesses in support of their claims. In pursuance

of the said order notices by the registered post were sent

to the parties concerned. Both the parties appeared in the

Tribunal, through their representative and filed their

separate sets of written statement in support of their

respective claims.

The workman has stated in his written statement

that the workman Sri Damu Dakua was a permanent

employee of Khas Kajora Colliery of Eastern Coalfields

Limited bearing U.M.No. 862335. His date of birth is

01.10.1949 and date of appointment is 01.01.1972. Sri

Damu Dakua was served with the charge sheet on

03.11.1997 for his absence from duty from 20.05.1997. He

replied the charge sheet and informed the management

that he was sick and therefore, he could not attend his

duties. The information about his sickness was sent by

his colleague and also by the Union representative. The

absence was un-intentional and beyond his control. Total

period of absence of the concerned employee was five

and half months only i.e. from 20.05.1997 to 03.11.1997.

When the workman reported for duty, the management

assured that he will be allowed to join duty but instead of

allowing him to join duty, the management issued the order

of dismissal from service. The quantum of punishment

is extremely harsh and dis-proportionate to the nature of

guilt. As per the letter of Director (P) CIL dated 20.01.1994

though the quantum of punishment is dis-proportionates,

the management did not follow the guidelines of CIL. The

workman appealed in Hon’ble Calcutta High Court. The

Hon’ble Calcutta High Court has been pleased to pass

order dated 12.08.1998 and 24.08.1998 considering the case

in favour of the workman concerned but the management

did not comply with the order of Hon’ble Calcutta High

Court and dismissed the workman from service before

issuing 2nd Show Cause notice which is clear violation

of the guideline issued by Director (P&IR) CIL issued

on 12.05.1994. The management also flouted the ‘Principle

of Natural justice’.

The management has stated in his Written Statement

that the concerned workman was absent from his duty

with effect from 20.05.1997 without any prior permission

or information or leave. As such he was issued charge

sheet dated 03.11.1997 under section 17(1) (C) of Model

Standing Order applicable to Coal Mining Industry. The

workman failed to submit any explanation. Therefore,

domestic enquiry was conducted by the Enquiry Officer

into the said charge sheet. The notice of the enquiry was

sent to the workman but the workman deliberately avoided

the notice. After seven months the concerned workman

replied to the above charge sheet. The workman alleged

sickness for his absence. The enquiry was conducted in

accordance with principle of natural justice. The concerned

workman fully participated in the enquiry through his co-

worker. The concerned workman was given all reasonable

opportunity by the Enquiry Officer during the enquiry

proceedings. The charges were established and his

misconduct was totally proved. The plea of illness was

not accepted by the Enquiry Officer. Disciplinary authority

after careful consideration of the charge sheet, enquiry

proceedings, enquiry report and all other connected papers

was pleased to award an order of dismissal from service

against the workman in accordance with the gravity of the

misconduct. Thus the punishment awarded to the

concerned workman is quite proportionate to the guilt

committed by him and the quantum of punishment was

not at all dis-proportionate.

The workman has filled additional Written Statement.

He has stated that the workman Sri Damu Dakua was

transferred from Mugma Area to Kajora Area and was

posted at Khas Kajora Colliery of M/s. ECL. Since he was

new at Khas Kajora Colliery, he was trapped by money

lenders and anti-social elements. Due to this reason he

was mentally disturbed. He started his medical treatment

at Kajora Gram and left the colliery premises. He went to

his brother’s Quarter at Jhanjra Project. He requested the

management for his transfer to Jhanjra Project of M/s.

ECL and the same was under consideration. But, in the

meantime, he was charge sheeted and enquiry was

conducted by the management.

The workman has filed photo copies of Application

of Sri Damu Dakua for resumption of duty, Sickness/

Treatment certificate issued by Doctor, letter addressed

to G.M., Kajora for changing the place of enquiry, letter

to CMD, ECL and others by his advocate, reply of second

show cause notice, Order dated 12.08.1998 of Hon’ble High

Court to pay the wages, Order of Hon’ble High Court dated

24.08.1998 directing the management to follow the

guidelines of CIL , guideline of D(P) CIL on the basis of

Hon’ble Supreme Court Judgement, minutes of the

meeting held with CMD, ECL and minutes of the meeting

held with the local management. The workman has filed

2506

THE GAZETTE OF INDIA : JUNE 6, 2015/JYAISTHA 16, 1937

[PART II—SEC. 3(ii)]

affidavit in his oral evidence. The workman has been cross

examined by the management. The management has filed

the file of domestic enquiry and the management has not

adduced any oral evidence.

I have heard the arguments of Sri Rakesh Kumar,

Ld. union representative on behalf of the workman and

also of Sri P. K. Das, Ld. Advocate on behalf of the

management. Sri Rakesh Kumar argued that the workman

was sick and therefore, due to his sickness he could not

attend his duties. He also stated that as per guideline of

Hon’ble Supreme Court of India, and letter of Director

(P&IR) CIL dated 20.01.1994 the workman ought to have

given show cause notice before passing order of dismissal

from service. But the workman has already been dismissed

and then 2nd show cause notice was issued which was a

violation of guideline of the Company as well as of Hon’ble

Supreme Court of India.

On the other hand, Sri P. K. Das, learned advocate

has argued that in passing the order of dismissal there

was no illegality. He further argued that the workman has

already retired from service and therefore, the workman

can neither be re-instated nor entitled for any back wages.

The case of workman is that due to his absence from

duty without information or permission he was issued

charge sheet and after domestic enquiry he was dismissed.

Though as per the workman his absence was due to some

valid reason beyond his control as he was sick. Whereas

the case of management is that the theory of sickness of

the workman was false as held in domestic enquiry and

therefore, after enquiry he was dismissed from service.

It is admitted fact that the concerned workman Sri

Damu Dakua has been dismissed for his absence after

conducting domestic enquiry. The workman has filed a

medical report of Dr. H. N. Singh. Dr. H. N. Singh has

issued a medical certificate that Sri Damu Dakua was

suffering from infectious type Hepatitis and he was under

his treatment from 20.05.1997 to 03.11.1997 and has been

declared medically fit to resume his duty. The concerned

physician is an outside medical practitioner and the

certificate is also not supported by any case history. The

workman has not filed any prescription or any other

document supporting his illness. This medical certificate,

therefore, does not inspire confidence. The workman has

filed a copy of enquiry proceedings. It appears from the

enquiry proceedings that the workman has participated in

the domestic enquiry. He has been given due opportunity

to defend himself by the enquiry officer. The workman

has stated in his Affidavit that he was served Charge Sheet

No. KKC/P&IR/C-6/19/249 dated 03.11.1997. He has

stated that he replied the charge sheet refusing the

allegations as he was sick which has been duly supported

by medical certificate of a registered medical practitioner.

He also added that as per practice the management allowed

so many other workers who have absented from duty for

longer period but in his case the management has

deliberately decided to dismiss him from service which is

unjustified. During cross-examination the workman has

stated that he is 60 years old and he sent information to

the management regarding his illness. He, however, could

not file any document in favour of his sending intimation

to the management.

The workman has stated in his evidence that he is

60 years old. He had sent information to the management

regarding his illness but the workman has not filed any

paper regarding his information to the management. His

medical certificate also does not inspire confidence.

Hon’ble Supreme Court of India in (1973) 1 LLJ

278, ‘Workmen’ of Firestone Tyre and Rubber

manufacturing Company -vs- Management, has held that

right to take disciplinary action and to decide upon

quantum of punishment are mainly managerial functions.

If the dispute is referred to Tribunal, the tribunal has power

to see whether the action of management is justified.

Before imposing the punishment, the employer is expected

to conduct a proper enquiry in accordance with the

provision of Standing Order, if applicable, and on the

principle of natural justice. Interference on the

management will be justified only when the findings arrived

at in the enquiry are perverse and management is guilty

for adopting unfair labour practice or malafide attitude.

The Tribunal is now at liberty to consider not only

whether the findings of the misconduct recorded by the

workman are correct but also to defer from that findings if

a proper case is made out.

Now the tribunal has to see whether the punishment

imposed by the employer is commensurate with the gravity

of act of misconduct committed by the delinquent workman.

It is relevant to mention that in the instant case the workman

has participated in the domestic enquiry. He has been

cross-examined. The workman has not challenged the

fairness of the enquiry proceedings. He has challenged

that he was not given 2nd Show Cause notice before passing

the order of dismissal from service.

The workman should have been given copies of

enquiry report and enquiry proceedings. Workman has

right to show cause against the findings of the report and

right to show cause against the proposed penalty. After

enquiry proceedings and after issuance of 2nd Show Cause

notice by management workman has right to represent

against the enquiry report. After hearing the workman the

order of punishment can be passed. But in this reference

case, the workman has already been dismissed from service

and then 2nd show cause notice was issued to him. It is a

clear violation of the order of Hon’ble Supreme Court of

India and principle of natural justice.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % twu 6] 2015@T;s"B 16] 1937

2507

When different penalties can be imposed in respect

of alleged reference case, one of which is dismissal from

service, the disciplinary authority is required to consult

himself for selecting most appropriate penalty from

different ranges of penalties that can be imposed based

on nature, content and gravity of the default. Unless, the

disciplinary authority reaches to the conclusion that nature,

content and magnitude of the fault committed by the

employee concerned is so serious that it will be absolutely

unsafe to retain him in service, the maximum penalty of

dismissal from service can not be imposed. If the lesser

penalty can be imposed without seriously jeopardizing

the interest of employer, the disciplinary authority cannot

impose the maximum penalty i.e. dismissal from service

The concerned workman has admitted in his cross-

examination that he is 60 years old. As per Written

Statement the workman’s date of birth is 01.10.1949.

Therefore at present he is more than 60 years old. Had he

been in service, he would have retired till now. Therefore,

question of reinstatement of the concerned workman does

not arise. So far as the back wages is concerned the

workman has not stated that during that period of dismissal

he was not employed anywhere.

In view of discussion above, I think it just and proper

to modify and substitute the punishment exercising the

power under Section 11 A of Industrial Dispute Act, 1947.

The impugned order of dismissal is set-a-aside.

Management is directed to pay all retirement benefits to

the concerned workman. I think it fit and proper that the

delinquent workman be imposed stoppage of two

increments without cumulative effect. The workman will

get 25% of back wages.

O R D E R

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

above discussion. Send the copies of the order to the

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

information and needful. The reference is accordingly

disposed of.

PRAMOD KUMAR MISHRA, Presiding Officer

ubZ fnYyh] 25 ebZ] 2015

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dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj chlhlh,y

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

vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vf/kdj.k@Je U;k;ky;] u0 1] /kuckn ds iapkV (lanHkZ

la[;k 50/2009) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj

dks 25/05/2015 dks izkIr gqvk Fkk A

[la0 ,y&20012/64/2009–vkbZ vkj (lh,e-I)]

,e- ds- flag, vuqHkkx vf/kdkjh

New Delhi, the 25th May, 2015

S.O.1167.—In pursuance of Section 17 of the

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

Government hereby publishes the Award Ref. No. 50/2009

of the Cent.Govt.Indus.Tribunal-cum-Labour Court No.

1, Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s. BCCL and their

workmen, received by the Central Government on

25/05/2015.

[No. L-20012/64/2009 – IR (CM-I)]

M.K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO.1), DHANBAD.

IN THE MATTER OF A REFERENCE U/S 10(1) (D) (2A)

OF I.D.ACT, 1947.

Ref. No. 50 of 2009

Employers in relation to the management of Lodna

Area of M/S BCCL

AND

Their workmen.

Present:

Sri Ranjan Kumar Saran,

Presiding officer

Appearances:

For the Employers:

None

For the workman:

Shri S.C.Gour,Rep.

State : Jharkhand Industry: Coal

Dated. 15/4/2015

AWARD

By Order No.L-20012/64/2009-IR (CM-I), dated

18/08/2009, the Central Government in the Ministry of

Labour has, in exercise of the powers conferred by clause

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

of the Industrial Disputes Act, 1947, referred the following

disputes for adjudication to this Tribunal:

SCHEDULE

“ (i) Whether the demand of the Koyla Ispat Mazdoor

Panchayat from the management of Lodna Area of

M/S BCCL to give promotion /up gradation to Shri

Mangal Harijan as Excavation Grade “B” is

justified and legal?” (ii) To what relief is the

workman concerned entitled?”

2. The case is received from the Ministry of Labour

on .02.09.2009. After notice both parties appeared , the

Sponsoring Union files their written statement on

13.10.2009.. After long delay, the management files their

2508

THE GAZETTE OF INDIA : JUNE 6, 2015/JYAISTHA 16, 1937

[PART II—SEC. 3(ii)]

written statement-cum-rejoinder on 27.06.2013.Thereafter

document filed by the parties.

3. The short point to be decided in this reference

as to whether the workman entitled for promotion as he

claimed on the ground, that his junior have been given

promotion to higher grade, ignoring the claim of the present

workman.

4. The promotion is not at all a right of the workman,

it is considered taking into capability discipline and

performance. Merely saying that the management did not

given promotion, is not at all a ground unless glaring

discrimination is shown. Moreover the person who

superseded the workman concerned are not before the

Tribunal.

5. The workman has not taken the ground that the

management by grudge did not give him promotion. Since

promotion is the prerogative of management.

6. Considering the facts and circumstances of his

case, I hold that, the demand of the Koyla Ispat Mazdoor

Panchayat from the management of Lodna Area of M/S

BCCL to give promotion /up gradation to Shri Mangal

Harijan as Excavation Grade “B” is not justified and legal.

Hence the workman will not get any relief in this reference.

This is my award.

R.K.SARAN, Presiding Officer

ubZ fnYyh] 25 ebZ] 2015

dk-vk-1168. —vkS|ksfxd fookn vf/kfu;e] 1947 (1947

dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj chlhlh,y

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

vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vf/kdj.k@Je U;k;ky;] u0 1] /kuckn ds iapkV (lanHkZ

la[;k 55/93) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks

25/05/2015 dks izkIr gqvk Fkk A

[la- ,y&20012/366/1991–vkbZvkj (lh-I)]

,e- ds- flag, vuqHkkx vf/kdkjh

New Delhi, the 25th May, 2015

S.O. 1168.— In pursuance of Section 17 of the

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

Government hereby publishes the Award Ref. No. 55/93

of the Cent.Govt.Indus.Tribunal-cum-Labour Court No.

1, Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s. BCCL and their

workmen, received by the Central Government on

25/05/2015.

[No. L-20012/366/1991–IR (C-I)]

M.K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO.1 DHANBAD

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

1947

Reference: No 55/1993

Employer in relation to the of Management of P B Area

of M/S. B.C.C.L .

AND.

Their workmen.

Present: :

Sri R.K. Saran

Presiding Officer.

Appearances:

For the Employers: Sri N. M. Kumar, Advocate

For the workman:

None

State: Jharkhand Industry: Coal

Dated- 16/04/2015

AWARD

By order No. L-20012/366/1991 IR (C-1)) dated

06/01/1993, the central Government in the Ministry of

Labour has, in exercise of the powers conferred by clause

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

of the Industrial Disputes Act, 1947 referr4ed the following

dispute for adjudication to this Tribunal:

SCHEDULE

“Whether the demand of RCMS (INTUC) for

regularization of Sri Mithiles Paswan and 19 others

on the roll of Balihari Colliery, M/s. B.C.C.Ltd is

justified ? If so, to what relief the workmen are

entitled to”

Annexure

List of workmen

1. Mithilesh Paswan

2. Barandeo Singh

3. Raghu Thakur

4. Degan Thakur

5. Lalan Ram

6. Niranjan Singh

7. Ramashis Singh

8. Isarail

9. Inam

10. Sri Anawar

11. Sri Sabdul

12. Md. Basir

13. Sri Nasim

14. Sri Lamaman Ram

15. Laldeo Paswan

16. Sri Sitaram Paswan

17. Sri Abul Hasan

18. Shri Deo Narain Rana

19. Safik

20. Asaiaf

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % twu 6] 2015@T;s"B 16] 1937

2509

2. After receipt of the reference , both parties are

noticed. But none appears on behalf of the workman inspite

of regd. Notice. Case remain pending. It is felt that the

disputes between the parties have been resolved in the

meantime. Hence No Dispute Award is passed.

Communicate.

R.K.SARAN, Presiding Officer

ubZ fnYyh] 25 ebZ] 2015

dk-vk-1169. —vkS|ksfxd fookn vf/kfu;e] 1947 (1947

dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj chlhlh,y

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

vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vf/kdj.k@Je U;k;ky;] u0 1] /kuckn ds iapkV (lanHkZ

la[;k 42/93) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks

25/05/2015 dks izkIr gqvk Fkk A

[la- ,y&20012/376/1991–vkbZvkj (lh-I)]

,e- ds- flag, vuqHkkx vf/kdkjh

New Delhi, the 25th May, 2015

S.O. 1169.— In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 42/

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

Court No. 1, Dhanbad as shown in the Annexure, in the

industrial dispute between the management of M/s. BCCL

and their workmen, received by the Central Government

on 25/05/2015.

[No. L-20012/376/1991 – IR (C-I)]

M.K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO.1, DHANBAD

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

Act. 1947

Reference: No 42/1993

Employer in relation to the management of Amlabad D.G.

Projects of M/s. BCCL .

AND

Their workmen

Present:

Sri R.K.Saran,

Presiding Officer

Appearances:

For the Employers:

None

For the workman:

None

State : Jharkhand Industry : Coal

Dated : 17/04/2015

AWARD

By order No. L-20012/376/1991 IR (C-I) dated

05/01/1993, the central Government in the Ministry of

Labour has, in exercise of the powers conferred by clause

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

of the Industrial Disputes Act, 1947 referred the following

dispute for adjudication to this Tribunal:

SCHEDULE

“ Whether the action of the management of Amlabad

D.G.Project of M/s. B.C.C.L, P.O. Amlabad, District-

Dhanbad in not departmentalizing/ regularizing Sri

Sushil Kumar Mukherjee is justified ? If not, to what

relief the workman is entitled ?”

2. After receipt of the reference , both parties are

noticed. But appearing for certain dates, none appears

subsequently. Case remain pending. It is felt that the

disputes between the parties have been resolved in the

meantime. Hence No Dispute Award is passed.

Communicate.

R.K.SARAN, Presiding Officer

ubZ fnYyh] 25 ebZ] 2015

dk-vk-1170. —vkS|ksfxd fookn vf/kfu;e] 1947 (1947

dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj chlhlh,y

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

vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vf/kdj.k@Je U;k;ky;] u0 1] /kuckn ds iapkV (lanHkZ la[;k

10/2010) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks

25/05/2015 dks izkIr gqvk Fkk A

[la- ,y&20012/60/2009–vkbZvkj (lh,e&I)]

,e- ds- flag, vuqHkkx vf/kdkjh

New Delhi, the 25th May, 2015

S.O. 1170. —In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 10/

2010) of the Cent. Govt.Indus. Tribunal-cum-Labour

Court No. 1, Dhanbad as shown in the Annexure, in the

industrial dispute between the management of M/s. BCCL

and their workmen, received by the Central Government

on 25/05/2015.

[No. L-20012/60/2009 – IR (CM-I)]

M.K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO.1), DHANBAD

In the matter of a rererence U/s 10(1) (D) (2A) of

I.D. ACT, 1947.

2510

THE GAZETTE OF INDIA : JUNE 6, 2015/JYAISTHA 16, 1937

[PART II—SEC. 3(ii)]

Ref. No. 10 of 2010

Employers in relation to the management of Sijua Area,

M/s. BCCL

AND

Their workmen

Present:

Sri Ranjan Kumar Saran,

Presiding officer

Appearances:

For the Employers:

Shri D.K.Verma, Advocate

For the workman:

Shri S.C.Gour, Rep.

State : Jharkhand Industry: Coal.

Dated : 16/4/2015

AWARD

By Order No.L-20012/60/2009-IR (CM-I), dated

18/01/2010, the Central Government in the Ministry of

Labour has, in exercise of the powers conferred by clause

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

of the Industrial Disputes Act, 1947, referred the following

disputes for adjudication to this Tribunal:

SCHEDULE

“Whether the action of the management of

Basudeopur Colliery of M/s. BCCL in

Superannuating Shri Gopal Yadav, Tyndal w.e.f.

01.07.2007 is justified and legal? (ii) To what relief is

the workman concerned entitled?”

2. The case is received from the Ministry of Labour

on 28.01.2010. After notice both parties appeared , the

Sponsoring Union files their written statement on

15.03.2010. But after long delay, the management files their

written statement-cum-rejoinder on 15.10.2012.

3. The short point to be decided in this reference is

whether the retirement of the concerned workman on

01.07.2007 is proper or not. Parties filed rejoinder and

documents. Workman examined himself as WW-1, But from

the side of management none has been examined.

4. The workman in his evidence stated that he is

now aged 70, and he has no age proof document to file in

court. Even accepting age 70 as on today , if calculated

roughly he is more than 60 years on the date of its

superannuation. Hence he has been rightly superannuated

by the management. The workman is not entitled to any

relief in this reference .

This is my award.

R.K.SARAN, Presiding Officer

ubZ fnYyh] 25 ebZ] 2015

dk-vk-1171 . —vkS|ksfxd fookn vf/kfu;e] 1947 (1947

dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj chlhlh,y

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

vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vf/kdj.k@Je U;k;ky;] u0 1] /kuckn ds iapkV (lanHkZ la[;k

53/93) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 25/05/

2015 dks izkIr gqvk FkkA

[la- ,y&20012/411/1991–vkbZ vkj (lh-I)]

,e- ds- flag, vuqHkkx vf/kdkjh

New Delhi, the 25th May, 2015

S.O.1171 . —In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 53/93)

of the Cent. Govt. Indus. Tribunal-cum-Labour Court No.

1, Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s. BCCL and their

workmen, received by the Central Government on

25/05/2015.

[No. L-20012/411/1991-IR (C-I)]

M.K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO.1, DHANBAD

In the matter of reference U/s 10 (1) (d) (2A) of

I.D.Act. 1947

Reference: No 53/1993

Employer in relation to the management of Koyala

Bhawan of M/s. BCCL

AND

Their workmen

Present:

Sri R.K.Saran,

Presiding Officer

Appearances:

For the Employers:None

For the workman:

Sri S.C. Gour, Advocate

State : Jharkhand Industry: Coal

Dated: 17/04/2015

AWARD

By order No. L-20012/411/1991 IR (C-I) dated

06/01/1993, the Central Government in the Ministry of

Labour has, in exercise of the powers conferred by clause

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

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % twu 6] 2015@T;s"B 16] 1937

2511

of the Industrial Disputes Act, 1947 referred the following

dispute for adjudication to this Tribunal:

SCHEDULE

“Whether the action of the management of M/s.

BCCL. Koyala Bhawan, P.O. Koyala Nagar, Dist.

Dhanbad in stopping the leave facility w.e.f.

01/01/1980 which was being enjoyed by Shri K. R.

Kutty earlier is justified? If not, to what relief the

workman is entitled to?”

2. This case is received from the Ministry on

11/02/1993.. During the pendency of the case, The

representative of workman submits that workman is not

interested to contest the case. It is felt that the dispute

between parties is resolved. Hence “No dispute” award is

passed. communicate.

R.K.SARAN, Presiding Officer

'kqf¼ i=k

ubZ fnYyh] 26 ebZ] 2015

dk-vk- 1172. —dsUnzh; ljdkj vkS|ksfxd vf/dj.k@Je

U;k;ky; vlylksy }kjk ikfjr lanHkZ la[;k 129@vkbZVhlh@2005

fnukad 02@07@2013 ds varxZr iapkV] ftldh lela[;d vfèklwpuk

fnukad 13@08@2013 dks vf/dkfjd jkti=k esa izdkf'kr gqvk Fkk]

dks lanfHkZr fd;k tkrk gSA

2 mfYyf[kr iapkV ds lanHkZ esa 'kqf¼i=k fnukad 01@12@2014

iwoZ esa vkf/dkfjd jkti=k esa izdkf'kr gqvk Fkk]

3 mfYyf[kr iapkV esa iqu'kqZf¼dj.k fuEuksDr :i esa izHkkoh

gksaxsA

(i) In line No. 2 of Page No. 3, the name of the

workman may be read as “Dilip Bouri” instead

of “Lala Bouri”.

(ii) In line No. 2 of Page No. 3, “75 percentage”

of back wages may be read as “50%” of back

wages.

[la- ,y&22012@40@2005&vkbZvkj (lh&II)]

eks- tkfgn 'kjhiQ] vuqHkkx vf/dkjh

CORRIGENDUM

New Delhi, the 26th May, 2015

S.O.1172 . —The reference is invited to the a ward

passed by CGIT-cum-Labour Court, Asansol vide their

Ref. No. 129/ITC/(2005)-dated 02.07.2013, which was

published in the official gazette vide Notification of even

number dated 13.08.2013.

2. An earlier Corrigendum in respect of the aforesaid

award was published in the official gazette dated 01.12.2014.

3. Further corrections in the aforesaid award are

efected as follows:—

(i) In line No. 2 of Page No. 3, the name of the

workman may be read as “Dilip Bouri” instead

of “Lala Bouri”.

(ii) In line No. 2 of Page No. 3, “75 percentage” of

back wages may be read as “50%” of back

wages.

[No. L-22012/40/2005-IR (CM-II)]

Md. ZAHID SHARIF, Section Officer

ANNEXURE

OFFICE OF THE PRESIDING OFFICER,

CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM-

LABOUR COURT

Ref. No. 129/ITC/(2005)-

Dated: 25.03.2015

Ref:

Ministry’s order No. L-22012/40/2005-IR (CM-II)

This office Ref. No. 129/2005 (a copy of award

enclosed)

SCHEDULE

“Whether the action of the management of B.M.P.

Group of Mines of M/s. ECL in dismissing Sh. Dilip

Bouri, Rail Mazdoor from services w.e.f. 27.12.97 is

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

is entitled?”

CORRIGENDUM

1. In line No. 2 of Page No. 3, the name of the

workman may be read as “Dilip Bouri” instead

of “Lala Bouri”.

2. In line No. 2 of Page No. 3, “75 percentage” of

back wages may be read as “50%” of back

wages.

Now the last page of the award will be read as:—

Accordingly the Order of dismissal is hereby set-a-

side. The management is directed to allow the workman

Dilip Bouri to join in the service with 50% of back wages

within three months from the date of Notification.

ORDER

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

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

of India, Ministry of Labour, New Delhi for information and

needful. The reference is accordingly disposed of.

PRAMOD KUMAR MISHRA, Presiding Officer

2512

THE GAZETTE OF INDIA : JUNE 6, 2015/JYAISTHA 16, 1937

[PART II—SEC. 3(ii)]

ubZ fnYyh] 29 ebZ] 2015

dk-vk-1173. —vkS?kksfxd fookn vf/kfu;e 1947 (a1947

dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj cSad

vkQ bafM;k ds izca/kr= ds lac) fu;kstdks vkSj muds

deZdkjks ds chp vuqca/k esa fufnZ"V vkS?kksfxd fookn esa dsUnzh;

ljdkj vkS?kksfxd vf/kdj.k@Je U;k;ky;] /kuckn ds iapkV

(48/2005) esa izdkf'kr djrh gS tks dsUnzh; ljdkj dks 29.05.2015

dks izkIr gqvk FkkA

[la- ,y&12012/01/2005-vkbZ vkj (ch-II)]

jfo dqekj] MsLd vfèkdkjh

New Delhi, the 29th May, 2015

S.O. 1173.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 48/

2005) of the Cent. Govt. Indus. Tribunal-cum-Labour Court

No 1, Dhanbadas shown in the Annexure, in the industrial

dispute between the management of Bank of India and

their workmen, received by the Central Government on

29/05/2015.

[No. L-12012/01/2005 - IR(B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO.1), DHANBAD

In The Matter of a Reference U/s 10(1) (D) (2A) OF I.D.

Act, 1947

Ref. No. 48/2005

Employers in relation to the management of Bank

of India, Dhanbad Zone

And

Their workman

Present:Sri Ranjan Kumar Saran,

Presiding officer

Appearances:

For the Employers :Sri D.K.Verma, Advocate

For the workman:

Sri D. Mukherjee, Advocate.

State: Jharkhand Industry: Banking

Dated. 30/3/2015

AWARD

By Order No.L-12012/01/2005-IR (B-II), dated

30/05/2005, the Central Government in the Ministry of

Labour has, in exercise of the powers conferred by clause

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

of the Industrial Disputes Act, 1947, referred the following

disputes for adjudication to this Tribunal:

SCHEDULE

“ Whether the action of the management of Bank of

India, Dhanbad Zone Dhanbad in terminating Sh.

Subhas Saw from the service of the bank in

subordinate cadre i.e. as Driver from may 2004 is

justified? If not to what relief the concerned

workman is entitled?”

2. The case is received from the Ministry of Labour

on 18.07.2005. After receipt of the reference, both parties

are noticed. The workman files their written statement on

02.08.2005. Thereafter the management files their written

statement on 25.01.2006. Document filed by the

workmen.

3. The Short point to be decided whether the

workman , who was a driver of Bank Officer , rendering

service is to be regularized as a driver in the bank or not.

4. The workman submitted that he was entrusted to

drive Bank’s vehicle and gave the vehicle number in his

written statement .

5. Bank Management without disputing the same ,

submits that the Bank officers allowed to get perks such

as vehicle and they used to engage drivers and the driver

get salary from the Bank Officers which bank provides to

the officers.

6. In this case the workman filed photocopy of log

Book ( not disputed), received money from officers (not

disputed) If the workman was the personal driver of the

officer, why he will maintain log Book, which was

countersigned by Bank officers.

7. The Bank management failed to adduce any

evidence in this case. Moreover Apex court vide judgment

2005 LLR 443 orders such workmen to be regularized.

8. Considering the facts and circumstances of this

case, I hold that the action of the management of Bank

of India, Dhanbad Zone Dhanbad in terminating Sh.

Subhas Saw from the service of the bank in subordinate

cadre i.e. as Driver from may 2004 is not justified. Hence

the he be regularized in the post of driver atonce i.e within

month. however no back wages is awarded. If the workman

is not given job within one month from the date of

publication of award, and management prays court to allow

time, that will be considered. If no request made to Court,

from the 31st day , after date of publication of the award in

the Gazette, the workman will be given @ Rs. 10,000/- P.M

by the Bank Management.

This is my award.

R. K. SARAN, Presiding Officer

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % twu 6] 2015@T;s"B 16] 1937

2513

ubZ fnYyh] 29 ebZ] 2015

dk-vk- 1174.—vkS|ksfxd fookn vf/kfu;e 1947 ¼a1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj lSaVªy cSad

vkQ bafM;k ds izca/kra= ds lac) fu;kstdkas vkSj muds deZdkjkas

ds chp vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj

vk|ksfxd vf/kdj.k@Je U;k;ky;] /kuckn ds iapkV ¼lanHkZ la-

22@2014½ dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 29-

05-2015 dks izkIr gqvk FkkA

[la- ,y&12011/63/2005-vkbZ vkj (ch-II)]

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New Delhi, the 29th May, 2015

S.O. 1174.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref.No. 22/2014)

of the Cent.Govt.Indus.Tribunal-cum-Labour Court No.

1, Dhanbad as shown in the Annexure, in the industrial

dispute between the management of Central Bank of India

and their workmen, received by the Central Government

on 29/05/2015.

[No. L-12011/63/2005 - IR(B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO.1), DHANBAD.

IN THE MATTER OF A REFERENCE U/S 10(1) (D) (2A)

OF I.D.ACT, 1947.

Ref. No. 22/2014

Employers in relation to the management of Central

Bank of India, Muzaffarpur

And

their workman

Present:Sri Ranjan Kumar Saran,

Presiding Officer

Appearances:

For the Employers:

Sri B.B.Manjhi, Manager Law

For the workman.:

Sri B.Prasad, Rep.

State :-Bihar Industry: Banking

Dated : 6/04/2015

AWARD

By Order No.L-12011/63/2005-IR (B-II), dated

18/09/2006, the Central Government in the Ministry of

Labour has, in exercise of the powers conferred by clause

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

of the Industrial Disputes Act, 1947, referred the following

disputes for adjudication to this Tribunal:

SCHEDULE

“ Whether the action of the management of Central

Bank of India, Muzaffarpur in terminating the

service of Shri Ramesh Kumar, Sub-Staff, Devapur

Branch, P.O-Motihari, Distt. East Champaran

(Bihar) is legal and or justified? If not, what relief

Sri Ramesh Kumar is entitled to?”

2. The case is received from the Ministry of Labour

on 16.10.2006 by CGIT No.2, Dhanbad . After receipt of

the reference, both parties are noticed. The management

files their written statement on 23.01.2008. Thereafter the

Sponsoring Union files their rejoinder of W/S of the

management on 12.05.2011. thereafter Document filed by

the both side .

3. Two witness examined by the workman and one

witness examined on behalf of the management.

Management’s document marked as M-1 to M-1/26 and

workman’s document marked as W-1 to W-3.

4. hereafter As per letter No.L- 12011/63/2005 IR (B-

II) dated 12/02/2014. This case is received by the CGIT

No.2 and registered in CGIT No.1 as Ref. No. 22/14.

5. The short point to be decided in this reference,

is the workman who was engaged as casual employee

under the management for 26.7.99 to 13.05.2000 is to

be regularized under the management.

6. The management submitted that the workman

worked as purely temporary and casual employee from

26.07.99 to 13.05.2000 and took his wage.

7. The workman received information from bank

management, which has been supplied under R.T.I Act.

From the R.T.I report, it is seen that the workman worked

for 293 days. From the said document it has not been

mentioned , that the workman was not engaged

continuously or intermittently. Therefore, before

termination of the workman, Sec 25 F of the I.D Act must

be complied. Since the workman has been asked not to

work, retrenchment compensation U/S 25.F, is to be given

to him. In the absence of that the termination is illegal.

8. Considering the facts and circumstances of this

case, I hold that the action of the management of Central

Bank of India, Muzaffarpur in terminating the service of

Shri Ramesh Kumar, Sub-Staff, Devapur Branch , P.O-

Motihari, Distt- East Champaran(Bihar) is not justified.

Hence the workman be engaged atonce , without giving

any back wages.

This is my award

R. K. SARAN, Presiding Officer

2514

THE GAZETTE OF INDIA : JUNE 6, 2015/JYAISTHA 16, 1937

[PART II—SEC. 3(ii)]

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New Delhi, the 29th May, 2015

S.O. 1175.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref.No.

01/2013) of the Cent.Govt.Indus.Tribunal-cum-Labour

Court No. 1, Dhanbadas shown in the Annexure, in the

industrial dispute between the management of Bankof

India and their workmen, received by the Central

Government on 29/05/2015.

[No. L-12012/24/2012 - IR(B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO.1, DHANBAD

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

Act. 1947

Reference: No. 1/2013

Parties: Employer in relation to the management of Bank

of India, Jamshedpur Zone

AND

Their workmen

Present:

Sri R.K.Saran,

Presiding Officer

Appearances:

For the Employers : None

For the workman :

Sri S.B.Sen, Advocate.

State : Jharkhand Industry: Banking

Dated 26/9//2014

AWARD

By Order No.L-12012/24/2012 -IR (B-II) dated 23/11/

2012 the Central Government in the Ministry of Labour

has, in exercise of the powers conferred by clause (d) of

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

Industrial Disputes Act, 1947, referred the following

disputes for adjudication to this Tribunal:

SCHEDULE

“Whether The action of the management of Bank

of India in terminating the services of Shri

Parameshwar Das w.e.f 15.4.2010 , is legal and

justified? Whether the demand of Shri Das for his

reinstatement in Bank service with full back wages

and continuity of service with all benefits is just

and proper? What relief the concerned workman

is entitled to?”

2. The case is received from the Ministry of Labour

on 06.02.2013. After notice both parties appeared. The

workman files their written statement on 02.05.2013.

But the Management never appeared inspite of regd.

Notice being sent. Thereafter the case is heard as ex

parte. workman files their document which is marked

as W-1. & W-10.

3. The short point that is involved in this case

whether the workman is to be regularized as Messenger/

daily wager in the Bank or not. The claim of the workman

is that they were engaged by the Bank Manager and they

were rendering service continuously but the Bank

Management without any reason asked them not to come

to Bank for work.

4. In spite of valid notice the Bank Management

did not appear nor filed any written statement. The

workman files documents to show that he worked as

casual workman. There is no reason to disbelieve the

document of the workman which has been given on bank

pad.

5. Considering the facts and circumstances of the

case, I hold that at this situation it is held that the Bank

Management to accept them as casual employee/daily

wager and they be engaged in the Bank as and when

required by the Bank Management.

This is my award.

R.K. SARAN, Presiding Officer

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2515

New Delhi, the 14th June, 2015

S.O. 1176.—in pursuance of Section 17 of the

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

Government hereby publishes the award (I.D Reference

No. 79 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 to the management of the VIOM Network Pvt.

Ltd. and their workmen, which was received by the Central

Government on 02/06/2015.

[No. L-42012/167/2014-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

AT KOLKATA

Reference No. 79 of 2014

Parties: Employers in relation to the management of

M/s. VIOM Network Pvt. Ltd.

A N D

Their workmen.

Present:

Justice Dipak Saha Ray, Presiding Officer

Appearance: On behalf of the Management: Mr. Soumyo

Deep Banerjee, Ld. Counsel for M/s. Viom Networks

Ltd.

Mr. Chanchal Kr. Chandra, Ld. Counsel with Mr.

Soumyak Bhattacharyya, Ld. Counsel for M/s.

Soltek Insolation Pvt. Ltd.

On behalf of the Workman: None.

State: West Bengal Industry: Telecommunication.

Dated: 25th May, 2015.

AWARD

By Order No.L-42012/167/2014-IR(DU) dated

03.12.2014 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 action of the management of M/s

Soltek Insolation Pvt Ltd. is justified by terminating

the service of Shri Sudip Kumar Bayen is legal

and/or justified? If not, what relief the workmen

are entitled to?”

2. When the case was taken up for hearing on

21.05.2015, none appeared on behalf of the workman in

spite of service of notice though the management side

was represented by the Ld. Counsel concerned. It appears

from the record that the workman at whose instance the

present reference case has been initiated, has not turned

up for the last three consecutive dates.

3. From such behavior of the concerned workman it

may reasonably be presumed that he is not at all interested

about this case. 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”.

JUSTICE DIPAK SAHA RAY, Presiding Officer

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New Delhi, the 4th June, 2015

S.O. 1177.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D Reference

No.78 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 to the management of the VIOM Network Pvt

Ltd. and their workmen, which was received by the Central

Government on 02/06/2015.

[No. L-42012/165/2014-IR(DU)]

P.K.VENUGOPAL, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

AT KOLKATA

Reference No. 78 of 2014

Parties:

Employers in relation to the management of

M/s. VIOM Network Pvt. Ltd.

A N D

Their workmen.

Present: Justice Dipak Saha Ray, Presiding Officer

Appearance: On behalf of the Management: Mr. Soumyo

Deep Banerjee, Ld. Counsel for M/s. Viom

Networks Ltd.

2516

THE GAZETTE OF INDIA : JUNE 6, 2015/JYAISTHA 16, 1937

[PART II—SEC. 3(ii)]

Mr. Chanchal Kr. Chandra, Ld. Counsel with Mr.

Soumyak Bhattacharyya, Ld. Counsel for M/s. Soltek

Insolation Pvt. Ltd.

On behalf of the Workman: None.

State: West Bengal. Industry: Telecommunication.

Dated: 25th May, 2015

AWARD

By Order No.L-42012/165/2014-IR(DU) dated

03.12.2014 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 action of the management of M/s

Soltek Insolation Pvt Ltd. Is justified by terminating

the service of Shri Debasish Mandal is legal

and/or justified? If not, what relief the workmen

are entitled to?”

2. When the case was taken up for hearing on

21.05.2015, none appeared on behalf of the workman inspite

of service of notice though the management side was

represented by the Ld. Counsel concerned. It appears from

the record that the workman at whose instance the present

reference case has been initiated, has not turned up for

the last three consecutive dates.

3. From such behavior of the concerned workman it

may reasonably be presumed that he is not at all interested

about this case. 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”.

Justice DIPAK SAHA RAY, Presiding Officer

Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-110064

and Published by the Controller of Publications, Delhi-110054.