foÙk ea=ky;
¼foÙkh; lsok,a foHkkx½
ubZ fnYyh] 16 tqykbZ] 2015
dk- vk- 1522-—Hkkjrh; fu;kZr&vk;kr cSad vf/kfu;e] 1981
¼1981 dk 28½dh /kkjk 6 dh mièkjk ¼1½ ds [kaM ¼³½ ds mi[kaM
¼ii½ ds vuqlj.k esa] dsUnzh; ljdkj] ,rn~}kjk] okf.kT; foHkkx]
okf.kT; ,oa m|ksx ea=ky;] ubZ fnYyh dh lfpo lqJh jhrk ,ñ rsvksfr;k]
vkbZ,,l ¼xqtjkr%1981½ dks Jh jktho [ksj ds LFkku ij rRdky
izHkko ls vkSj vxys vkns'k gksus rd Hkkjrh; fu;kZr&vk;kr cSad ds
funs'kd e.My esa funs'kd ukfer djrh gSA
[Qkñ lañ 24@27@2002&vkbZ,Q&I ¼[k.M V½]
,- ds- Mksxjk] mi lfpo
MINISTRY OF FINANCE
(Department of Financial Services)
New Delhi, the 16th July, 2015
S.O.1522.—In pursuance of Sub-Clause (ii) of Clause
(e) of sub-section (1) of Section 6 of the Export Import
Bank of India Act, 1981 (28 of 1981), the Central Government
hereby nominates Ms. Rita A. Teaotia, IAS (GJ:1981),
Secretary, Department of Commerce, Ministry of
Commerce and Industry, New Delhi as Director on the
Board of Export Import Bank of India (EXIM Bank) vice
Shri Rajeev Kher with immediate effect and until further
orders.
[F. No. 24/27/2002-IF-I (Vol. V)]
A.K. DOGRA, Dy. Secy.
ubZ fnYyh] 30 tqykbZ] 2015
dk- vk- 1523-—Hkkjrh; fu;kZr&vk;kr cSad vf/kfu;e] 1981
¼1981 dk 28½ dh èkjk ¼6½ dh mi/kkjk ¼1½ ds [kaM ¼³½ ds
mi[kaM ¼ii½ ds vuqlj.k esa] dsUnzh; ljdkj] ,rn~}kjk] vkbZMhchvkbZ
cSad ds mi izca/k funs'kd Jh chñdsñ crjk dks rRdky izHkko ls vkSj
vxys vkns'k gksus rd Jh ,eñ,lñ jk?kou ds LFkku ij Hkkjrh;
fu;kZr&vk;kr cSad ¼,fDte cSad½ ds funs'kd e.My esa funs'kd
ukfer djrh gSA
[Qkñ lañ 9@16@2012&vkbZ,Q&I]
,- ds- Mksxjk] mi lfpo
New Delhi, the 30th July, 2015
S.O.1523.—In pursuance of Sub-Clause (ii) of Clause
(e) of sub-section (1) of Section 6 of the Export Import Bank
jftLVªh la- Mh- ,y- (,u) 04@0007@2003µ05
REGD. NO. D. L. (N) 04/0007/2003—05
izkf/dkj ls izdkf'kr
PUBLISHED BY AUTHORITY
lkIrkfgd
WEEKLY
la- 31]
ubZ fnYyh] tqykbZ 26—vxLr 1] 2015] '[email protected] 4—Jko.k 10] 1937
No. 31]
NEW DELHI, JULY 26—AUGUST 1, 2015, SATURDAY/SRAVANA 4—SRAVANA 10, 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)
3144 GI/15
(3225)
3226
THE GAZETTE OF INDIA : AUGUST 1, 2015/SRAVANA 10, 1937
[PART II—SEC. 3 (ii)]
of India Act, 1981 (28 of 1981), the Central Government
hereby nominates Shri B.K. Batra, Deputy Managing
Director IDBI Bank as a Director on the Board of Export
Import Bank of India (EXIM Bank) vice Shri M.S. Raghvan
with immediate effect and until further orders.
[F. No. 9/16/2012-IF-I]
A.K. DOGRA, Dy. Secy.
ubZ fnYyh] 30 tqykbZ] 2015
dk- vk-1524-—Hkkjrh; fu;kZr&vk;kr cSad vf/kfu;e] 1981
¼1981 dk 28½ dh èkjk 6 dh mi/kkjk ¼1½ ds [kaM ¼³½ ds mi[kaM
¼ii½ ds vuqlj.k esa] dsUnzh; ljdkj] ,rn~}kjk] lsUVªy cSad vkQ
bafM;k ds v/;{k ,oa izca/k funs'kd Jh jktho _f"k dks rRdky izHkko
ls vkSj vxys vkns'k gksus rd Jh ,lñ,lñ eqanzk ds LFkku ij Hkkjrh;
fu;kZr&vk;kr cSad ¼,fDte cSad½ ds funs'kd e.My esa funs'kd
ukfer djrh gSA
[Qkñ la- 9@16@2012&vkbZ,Q&I]
,-ds- Mksxjk] mi lfop
New Delhi, the 30th July, 2015
S.O.1524.—In pursuance of Sub-Clause (ii) of Clause
(e) of sub-section (1) of Section 6 of the Export Import
Bank of India Act, 1981 (28 of 1981), the Central Government
hereby nominates Shri Rajeev Rishi, CMD, Central Bank of
India as a Director on the Board of Export Import Bank of
India (EXIM Bank) vice Shri S. S. Mundra with immediate
effect and until further orders.
[F. No. 9/16/2012-IF-I]
A.K. DOGRA, Dy. Secy.
ekuo lalk/ku fodkl ea=ky;
¼mPprj f'k{kk foHkkx½
¼jktHkk"kk ;wfuV½
ubZ fnYyh] 22 tqykbZ] 2015
dk- vk--1525-—dsUnzh; ljdkj] jktHkk"kk ¼la?k ds 'kkldh;
iz;kstuksa ds fy, iz;ksx½ fu;e] 1976 ds fu;e 10 ds mi fu;e 4 ds
vuqlj.k esa] ekuo lalk/ku fodkl ea=ky; ¼Ldwy f'k{kk ,oa lk{kjrk
foHkkx vkSj mPprj f'k{kk foHkkx½ ds varxZr fuEufyf[kr dk;kZy;ksa
dks ,sls dk;kZy; ds :i esa] ftlds 80 izfr'kr ls vf/kd deZpkjh&o`Un
us fgUnh dk dk;Zlk/kd Kku izkIr dj fy;k gS] vf/klwfpr djrh gS%—
1- jk"Vªh; eqDr fo|ky;h f'k{kk laLFkku]
{ks=h; dk;kZy;] /keZ'kkyk]
f}rh; ry] pkeqaMk ekrk LVhy ,oa fcfYMax eSfVfj;y] nkjh
jksM]/keZ'kkyk] ftyk&dkaxM+k] fgekpy izns'k&176057
2- bafnjk xka/kh jk"Vªh; eqDr fo'ofo|ky; ¼bXuw½ ds {ks=h; dsanz
I. bXuw {ks=h; dsanz
IykV uañ 207] dkosjh fgYl] Qst&II
tqfcyh fgYl ihvks gSnjkckn&500 033
II. bXuw {ks=h; dsanz
9&76&18] QLVZ ¶yksj
,lñdsñihñMCY;wñ fganw gkbZ Ldwy ifjlj
dksBkisV&fot;okM+k&520 001
III. bXuw {ks=h; dsanz
Kku okfVdk] 14 fganqLrku dkWyksuh
vejkorh jksM] 440 033] ukxiqj
3- dsanzh; fo|ky;] lhñ,eñbZñvkjñvkbZñ] nqxkZiqj]
ftyk&o/kZeku&713209 ¼if'pe caxky½
4- dsanzh; fo|ky; laxBu]
f'k{kk ,oa izf'k{k.k dk vkapfyd laLFkku] Hkqous'oj]
dsanzh; fo|ky; Øekad 3 ifjlj]
eaps'oj jsyos dkWyksuh] Hkqous'oj&751017 ¼vksfM'kk½
[la- 11011@2@2015&jkñHkkñ,ñ]
lq[kchj flag la/kq] la;qDr lfpo
MINISTRY OF HUMAN RESOURCE
DEVELOPMENT
(Department of Higher Education)
(O.L. UNIT)
New Delhi, the 22nd July, 2015
S.O. 1525.—In pursuance of Sub. rule (4) of rurle 10
of the Official Languages (Use for Official Purposes of
the Union) Rules, 1976, the Central Government hereby
notifies the following offices under the Ministry of
Human Resource Development, (Department of School
Education & Literacy & Department of Higher Education)
as office, whose more than 80% members of the staff
have acquired working knowledge of Hindi.
1. National Institute of Open Schooling
Regional Office, Dharamshala,
IInd Floor, Chamunda Mata Steel & Building
Material,
Dari Road, Dharamshala, Zila-Kangra, Himachal
Pradesh-176 057
2. Regional Centres of Indira Gandhi National Open
University
I. IGNOU Regional Centre
Plot No. 207, Kavuri Hills, Phase-II
Jubilee Hills, PO
Hyderabad-500 033
II. IGNOU Regional Centre
9-76-18, Ist Floor,
SKPW Hindu High School Premises,
Kothapet, Vijayawada-520 001.
III. IGNOU Regional Centre, 'Gyan Vatika',
14, Hindustan Colony,
Amravati Road, Nagpur-440 033
3. Kendriya Vidyalaya, CMERI, Durgapur, Dist.
Burdwan
(West Bengal)-713 209
4. Kendriya Vidayalaya Sangathan,
Zonal Institute of Education & Training,
Bhubaneswar,
Kendriya Vidayalaya No. 3 Campus,
Mancheswar Railway Colony, Bhubaneshwar-
751 017 (Odisha).
[No. 11011-2/2015-O.L.U.]
SUKHBIR SINGH SANDHU, Jt. Secy.
[Hkkx II—[k.M 3 (ii)]
Hkkjr dk jkti= % vxLr 1] [email protected] 10] 1937
3227
miHkksDrk ekeys] [kk| vkSj lkoZtfud forj.k ea=ky;
¼miHkksDrk ekeys foHkkx½
¼Hkkjrh; ekud C;wjks½
ubZ fnYyh] 17 tqykbZ] 2015
dk-vk-1526-—Hkkjrh; ekud C;wjks ¼izek.ku½ fofu;e 1988 ds fofu;e ¼4½ ds mifofu;e ¼5½ ds vuqlj.k esa Hkkjrh; ekud C;wjks
,rn~}kjk vf/klwfpr djrk gS fd ftu ykblsalksa ds fooj.k uhps vuqlwph esa fn, x, gSa] os Lohd`r dj fn, x, gSa%—
vuqlwph
Øe
ykblsal
Lohd`r djus
ykblsal/kkjh dk uke
Hkkjrh; ekud dk 'kh"kZd
Hkkñ ekñ
Hkkx
vuq
o"kZ
la[;k la[;k
dh frfFk
o irk
1-
,y&2730047
01-10-2014
eSñ diwj bUVjus'kuy]
futh lqj{kk miLdj
15298
02
&
2011
20@4] eFkqjk jksM]
Hkkx 2 lqj{kk QqVfo;j
,u,ihlhvks xh;j dEikmaM]
Qjhnkckn] gfj;k.kk
2-
,y&2730754
08-10-2014
eSñ ,ch Qk;j lsQ~Vh flLVe
iksVZscy Qk;j ,DlfVax'kj]
15683
&
&
2006
,y,yih] 587] ,evkbZbZ]
ijQkses±l vkSj dalVªDlu
ikVZ ,] cgknqjx<+&124507]
ftyk >Ttj] gfj;k.kk
3-
,y&2731352
10-10-2014
eSñ tsñdsñ ToSylZ]
Lo.kZ ,oa Lo.kZ feJ/kkrq
1417
&
&
1999
esu cktkj]
vkHkw"k.k@f'kYi oLrq,a&
cgknqjx<+&124507]
eghurk ,oa eqgjkadu
ftyk >Ttj] gfj;k.kk
4-
,y&2733255
14-10-2014
eSñ jkor okVj m|ksx]
iSdstcUn is; ty
14543
&
&
2004
xkWo Hkkoyiqj]
¼iSdstcan izkd`frd feujy
nsoh ds efUnj ds ikl
ty ds vykok½
ih vks Qrsgiqj fcykSp]
Qjhnkckn&121001]
gfj;k.kk
5-
,y&2739570
07-11-2014
eSñ ds LVkj ToSYklZ]
Lo.kZ ,oa Lo.kZ feJ/kkrq
1417
&
&
1999
'kkWi uañ 21&22] izFke ry
vkHkw"k.k@f'kYi oLrq,a&
xksYM lwd ekWy] lq'kkUr yksd
eghurk ,oa eqgjkadu
Qsl 1] CykWd lh] xqM+xkao]
gfj;k.kk
6-
,y&2741860
13-11-2014
eSñ izksQs'kuy besftax bUd]
Mk;XuksfLVd eSfMdy
7620
01
&
1986
2074] ,evkbZbZ] cgknqjx<+]
,Dl&js bD;wiesaV
ftyk >Ttj] gfj;k.kk
7-
,y&2742155
20-11-2014
eSñ ih,eoh U;wfVª,UV izksMDVl
feYd QwM~l ekfYVM
1806
&
&
1975
izkñfyñ] 7 ds ,e iVkSnh]
fjokM+h jksM] ih,eoh pkSd]
xkao xnbiqj] rglhy iVkSnh]
ftyk xqM+xkao&122503]
gfj;k.kk
3228
THE GAZETTE OF INDIA : AUGUST 1, 2015/SRAVANA 10, 1937
[PART II—SEC. 3 (ii)]
8-
,y&2742256
20-11-2014
eSñ fot; bUVjizkbfll]
fuEkTtuh; iEilsV
8034
&
&
2002
702] lat; dkyksuh&1]
lSDVj&23] Qjhnkckn&121005]
gfj;k.kk
9-
,y&2744664
28-11-2014
eSñ bUMks ySehusV~l izkñfyñ]
ltkoVh FkeksZlsfVax laf'y"V
2046
&
&
1995
44 ds ,e LVksu] fnYyh
jsthucn~o ijrnkj pknjsa
eFkqjk jksM] xkao jksgn]
cgknqjx<+&124507
ftyk >Ttj] gfj;k.kk
10- ,y&9512340018 03-12-2014
eSñ fgety bUVjizkbfll]
iSdstcan is; ty
14543
&
&
2004
xkao nnfl;k] iksLV fryir]
¼iSdstcUn izkd`frd feujy
Qjhnkckn&121008]
ty ds vykok½
gfj;k.kk
11- ,y&9512340119 04-12-2014
eSñ bUQksjesx ,uthZ izkñ fyñ]
, lh LFkSfrd ?kaVk ehVj
13779
&
&
1999
456] isl flVh&II]
oxZ 1 vkSj 2
b.MLVªh;y ,fj;k] lSDVj&37]
xqM+xkao&122001] gfj;k.kk
12- ,y&9512340220 05-12-2014
eSñ Hkksyk lUl ToSylZ ¼xksYM
pk¡nh ,oa pk¡nh feJ/kkrq
2112
&
&
2003
lwd½] 19&20] lh CykWd]
vkHkw"k.k@f'kYi oLrq,a&
lq'kkUr yksd] Qsl&1
eghurk ,oa eqgjkadu
xqM+xkao&122002] gfj;k.kk
13- ,y&9512340313 12-12-2014
eSñ ,th csojsftl ,.M cksVfyax]
iSdstcUn ist ty
14543
&
&
2004
xkao ekyiqjk] fnYyh t;iqj jksM]
¼iSdstcUn izkd`frd feujy
/kk:gsM+k] ghjks eksVlZ ds lkeus]
ty ds vykok½
fjokM+h&123401] gfj;k.kk
14- ,y&9512340414 12-12-2014
eSñ ?kka'kh jke yktir jkW;]
Lo.kZ ,oa Lo.kZ feJ/kkrq
1417
&
&
1999
iqjkuk vukt e.Mh pkSd]
vkHkw"k.k@f'kYi oLrq,a&
jsyos jksM] jksgrd&124001
eghurk ,oa eqgjkadu
gfj;k.kk
15- ,y&9512340515 12-12-2014
eSñ Hkksyk lUl ToSylZ ¼xksYM
Lo.kZ ,oa Lo.kZ feJ/kkrq
1417
&
&
1999
lwd½] th,Q&12, vkSj ch]
vkHkw"k.k@f'kYi oLrq,a&
14Mh] xksYM lwd ekWy] CykWd
eghurk ,oa eqgjkadu
lq'kkUr yksd&1] xqM+xkao]
gfj;k.kk
16- ,y&9512340616 12-12-2014
eSñ Hkksyk lUl ToSylZ ¼xksYM
pk¡nh ,oa pk¡nh feJ/kkrq
2112
&
&
2003
lwd½] th,Q&12, vkSj ch]
vkHkw"k.k@f'kYi oLrq,a&
14Mh] xksYM lwd ekWy] CykWd
eghurk ,oa eqgjkadu
lq'kkUr yksd&1] xqM+xkao]
gfj;k.kk
Øe
ykblsal
Lohd`r djus
ykblsal/kkjh dk uke
Hkkjrh; ekud dk 'kh"kZd
Hkkñ ekñ
Hkkx
vuq
o"kZ
la[;k la[;k
dh frfFk
o irk
[Hkkx II—[k.M 3 (ii)]
Hkkjr dk jkti= % vxLr 1] [email protected] 10] 1937
3229
17- ,y&9512340717 12-12-2014
eSñ ch'kun;ky ToSylZ]
pk¡nh ,oa pk¡nh feJ/kkrq
2112
&
&
2003
,Q,Q&1] xksYM lwd] Qsl&1]
vkHkw"k.k@f'kYi oLrq,a&
CykWd lh] lq'kkUr yksd&1]
eghurk ,oa eqgjkadu
xqM+xkao&122002] gfj;k.kk
18- ,y&9512340818 12-12-2014
eSñ /ku y{eh ToSylZ]
Lo.kZ ,oa Lo.kZ feJ/kkrq
1417
&
&
1999
jsyos jksM+] jksgrd&124001]
vkHkw"k.k@f'kYi oLrq,a&
gfj;k.kk
eghurk ,oa eqgjkadu
19- ,y&9512340919 15-12-2014
eSñ yDlQj mÙke bf.M;k izkñfyñ]
iksVsZcy Qk;j ,DlfVaxq'kj
15683
&
&
2006
IykWV ua- 41] lSDVj&6]
ijQkses±l vkSj dalVªDlu
Qjhnkckn&121006] gfj;k.kk
20- ,y&9512341020 26-12-2014
eSñ youhr feujyl okVj]
iSdstcUn is; ty ¼iSdstcUn 14543
&
&
2004
iYyk ikoj gkml&3]
izkd`frd feujy ty ds
¼Mh,y,Q ,fj;k½]
vykok½
Qjhnkckn&121005] gfj;k.kk
21- ,y&9512341113 29-12-2014
eSñ ,lvkj,l ToSylZ]
Lo.kZ ,oa Lo.kZ feJ/kkrq
1417
&
&
1999
;wfuV vkWQ ,lvkj,l ¼fyñ½]
vkHkw"k.k@f'kYi oLrq,a&
desVh pkSd] nsoh efUnj ds ikl]
eghurk ,oa eqgjkadu
ftyk iyoy&121102]
¼gfj;k.kk½
[lañ lh,eMh@13%11]
fcUnq dqekj] vuqHkkx vf/kdkjh
MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION
(Department of Consumer Affairs)
(BUREAU OF INDIAN STANDARDS)
New Delhi, the 17th July, 2015
S. O. 1526.— In pursuance of sub-regulation (5) of the regulation 4 of the Bureau of Indian Standards (Certification)
Regulations 1988, of the Bureau of Indian Standards, hereby notifies the grant of licences particulars of which are given in
the following schedule:
SCHEDULE
Sl.
Licence No.
Grant
Name & Address
Title of the Standard
IS No. Part. Sec. Year
No. CM/L-
Date
of the Licensee
1.
L-2730047
01.10.2014
M/s. Kapoor International,
Safety, Protective &
15298
02
-
2011
20/4, Mathura Road,
Occupational Footwear
NAPCO GEAR COMPOUND,
for Professional use
Faridabad,
Part 2—Specification for
Haryana
Safety Footwear
2.
L-2730754
08.10.2014
M/s. AB Fire Safety Systems
Portable Fir Extinguishers-
15683
-
-
2006
LLP,
Performance and
587, M.I.E., Part A,
Construction
Bahadurgarh-124507,
Distt. Jhajjar,
Haryana
Øe
ykblsal
Lohd`r djus
ykblsal/kkjh dk uke
Hkkjrh; ekud dk 'kh"kZd
Hkkñ ekñ
Hkkx
vuq
o"kZ
la[;k la[;k
dh frfFk
o irk
3230
THE GAZETTE OF INDIA : AUGUST 1, 2015/SRAVANA 10, 1937
[PART II—SEC. 3 (ii)]
3.
L-2731352
10.10.2014 M/s J.K. Jewellers,
Gold & Gold Alloys,
1417
-
-
1999
Main Bazar,
Jewellery/Artefacts—
Bahadurgarh-124507,
Fineness and Marking
Distt. Jhajjar,
Haryana
4.
L-2733255
14.10.2014
M/s Rawat Water Udyog,
Packaged Drinking Water
14543
-
-
2004
Village Bhawalpur,
(Other Than Natural
Near Devi Ka Mandir,
Mineral Water)
P.O. Fatehpur Billoch,
Faridabad-121001
5.
L-2739570
07.11.2014
M/s K STAR Jewels,
Gold & Gold Alloys,
1417
-
-
1999
Shop No. 21-22, First Floor,
Jewellery/Artefacts—
Gold Souk Mall,
Fineness and Marking
Sushant Lok, Phase 1,
Block C,
Gurgaon,
Haryana
6.
L-2741860
13.11.2014
M/s Professional Imaging Inc., Diagnostic Medical X-ray
7620
01
-
1986
2074, M.I.E.,
Equipment
Bahadurgarh,
Part 1: General & Safety
Distt. Jhajjar,
Requirements
Haryana
7.
L-2742155
20.11.2014
M/s PMV Nutrient Products
Malted Milk Foods
1806
-
-
1975
Pvt. Ltd.,
7th KM Pataudi,
Rewari Road,
PMV Chowk,
Village Gadaipur,
Tehsil Pataudi,
Distt. Gurgaon-122503,
Haryana
8.
L-2742256
20.11.2014
M/s Vijay Enterprises,
Submersible Pumpset
8034
-
-
2002
702, Sanjay Colony-1,
Sector-23,
Faridabad-121005,
Haryana
9.
L-2744664
28.11.2014
M/s Indo Laminates Pvt. Ltd., Decorative Thermosetting
2046
-
-
1995
44 KM Stone,
Synthetic Resin Bonded
Delhi Mathura Road,
Laminated Sheets
Village Rohad,
Bahadurgarh-124507,
Distt. Jhajjar,
Haryana
10. L-9512340018
03.12.2014
M/s Himjal Enterprises,
Packaged Drinking Water
14543
-
-
2004
Village Dadsiya,
(Other Than Natural
Post Tilpat,
Mineral Water)
Faridabad-121008,
Haryana
Sl.
Licence No.
Grant
Name & Address
Title of the Standard
IS No. Part. Sec. Year
No. CM/L-
Date
of the Licensee
[Hkkx II—[k.M 3 (ii)]
Hkkjr dk jkti= % vxLr 1] [email protected] 10] 1937
3231
11. L-9512340119
04.12.2004 M/s Informage Energy Private ac Static Watthour Meter
13779
-
-
1999
Limited,
Class 1 & 2
456, Pace City-II,
Industrial Area, Sector-37,
Gurgaon-122001,
Haryana
12. L-9512340220
05.12.2014
M/s Bhola Sons Jewellers
Silver & Silver Alloys,
2112
-
-
2003
(Gold Souk),
Jewellery/Artefacts—
19-20, C Block,
Fineness and Marking
Sushant Lok, Phase-1,
Gurgaon-122002,
Haryana
13. L-9512340313
12.12.2014
M/s AG Beverages & Bottling, Packaged Drinking Water
14543
-
-
2004
Village Malpura,
(Other Than Natural
Delhi Jaipur Road,
Mineral Water)
Opp. Hero Motors,
Dharuhera,
Rewari-123401,
Haryana
14. L-9512340414
12.12.2014
M/s Ghashi Ram Lajpat Rai,
Gold & Alloys,
1417
-
-
1999
Old Anaj Mandi Chowk,
Jewellery/Artefacts-
Railway Road,
Fineness and Marking
Rohtak-124001,
Haryana
15. L-9512340515
12.12.2014
M/s Bhola Sons Jewellers
Gold & Gold Alloys,
1417
-
-
1999
(Gold Souk),
Jewellery/Artefacts—
GF-12A & B, 14 D,
Fineness and Marking
Gold Souk Mall, Block,
Sushant Lok-I,
Gurgaon,
Haryana
16. L-9512340616
12.12.2014
M/s Bhola Sons Jewellers
Silver & Silver Alloys,
2112
-
-
2003
(Gold Souk),
Jewellery/Artefacts—
GF-12A & B, 14 D,
Fineness and Marking
Gold Souk Mall,
Block,
Sushant Lok-I,
Gurgaon,
Haryana
17. L-9512340717
12.12.2014
M/s Bishandayal Jewellers,
Silver & Silver Alloys,
2112
-
-
2003
FF-1, Gold Souk, Phase-I,
Jewellery/Artefacts-
Block C,
Fineness and Marking
Sushant Lok,
Gurgaon-122002,
Haryana
18. L-9512340818
12.12.2014
M/s Dhan Laxmi Jewellers,
Gold & Gold Alloys,
1417
-
-
1999
Railway Road,
Jewelerry/Artefacts—
Rohtak-124001,
Fineness and Marking
Haryana
Sl.
Licence No.
Grant
Name & Address
Title of the Standard
IS No. Part. Sec. Year
No. CM/L-
Date
of the Licensee
3232
THE GAZETTE OF INDIA : AUGUST 1, 2015/SRAVANA 10, 1937
[PART II—SEC. 3 (ii)]
19. L-9512340919
15.12.2014
M/s Luxfer Uttam India
Portable Fire Extinguishers
15683
-
-
2006
Pvt. Ltd.,
Plot No. 41, Sector-6,
— Performance and
Faridabad-121006,
Construction
Haryana
20. L-9512341020
26.12.2014
M/s Loveneet Minerals Water, Packaged Drinking Water
14543
-
-
2004
Palla Power House-3,
(Other Than Natural
(DLF Area),
Mineral Water)
Faridabad-121005,
Haryana
21. L-9512341113
29.12.2014
M/s SRS Jewells
Gold & Gold Alloys,
1417
-
-
1999
(A Unit of SRS Limited),
Jewellery/Artefacts—
Committee Chowk,
Fineness and Marking
Near Devi Mandir,
Palwal,
Haryana
[No. CMD/13:11]
BINDU KUMAR, Section Officer
ubZ fnYyh] 17 tqykbZ] 2015
dk-vk-1527-—Hkkjrh; ekud C;wjks ¼izek.ku½ fofu;e 1988 ds fofu;e ¼4½ ds mifu;e ¼5½ ds vuqlj.k esa Hkkjrh; ekud C;wjks
,rn~}kjk vf/klwfpr djrk gS fd ftu ykblsalksa ds fooj.k uhps vuqlwph esa fn, x, gSa] os Lohd`r dj fn, x, gSa%—
vuqlwph
Øe
ykblsal
Lohd`r djus dh
ykblsal/kkjh dk uke
Hkkjrh; ekud dk 'kh"kZd
Hkk ek
Hkkx
vuq
o"kZ
la[;k
la[;k
frfFk o"kZ
o irk
la[;k
1-
,y&9512341214
01-01-2015
eSñ Vª;wfuVh VSDuksyksth izkñ fyñ]
gLR; /kkrq vkdZ osfYMax ds
814
&
&
2004
IykWV uañ 147] lSDVj&25]
fy, vko`Ùk dkcZu vkSj
Qjhnkckn&121004]
dkcZu eSaxuht bLikr
gfj;k.kk
bySDVªksM
2-
,y&9512341315
06-01-2015
eSñ uhyd.B V~;wCl izkñ fyñ]
bLikr ufydk,a lajpukRed
1161
&
&
1998
31 ds,e fnYyh jksgrd jksM]
mi;ksxksa ds fy,
xkao jksgn]
ftyk >Ttj]
gfj;k.kk
3-
,y&9512341416
07-01-2015
eSñ ,lvkj,l ToSYl]
Lo.kZ ,oa Lo.kZ feJ/kkrq
1417
&
&
1999
¼;wfuV vkWQ ,l vkj ,l ¼fyñ½]
vkHkw"k.k@f'kYi oLrq,a—
xzkmaM ¶yksj] ,lvkj,l ekWy]
eghurk ,oa eqgjkadu
lSDVj&12]
Qjhnkckn]
gfj;k.kk
4-
,y&9512341417
07-01-2015
eSñ pkan ToSYlZ]
Lo.kZ ,oa Lo.kZ feJ/kkrq
1417
&
&
1999
'kkWi uañ 1593] tokgj dykSuh]
vkHkw"k.k@f'kYi oLrq,¡—
xq:}kjk jksM] ,u vkbZ Vh]
eghurk ,oa eqgjkadu
Qjhnkckn&121002
gfj;k.kk
Sl.
Licence No.
Grant
Name & Address
Title of the Standard
IS No. Part. Sec. Year
No. CM/L-
Date
of the Licensee
[Hkkx II—[k.M 3 (ii)]
Hkkjr dk jkti= % vxLr 1] [email protected] 10] 1937
3233
5-
,y&9512341618
27-01-2015
eSñ /kwi flag ,.M lUl izkñ fyñ]
13095
&
&
1991
1724] ekWMZu b.MLVªh;y bLVsV]
ikVZ ch]
cgknqjx<+&124507]
ftyk >Ttj]
gfj;k.kk
6-
,y&9512341719
28-01-2015
eSñ izsikoj flLVe]
ikyh,fFkyhu ikbi
1293
&
&
2005
[kljk uañ 601@3@31] vksYM
jsfVr oksYVrk okys
b.MLVªh;y ,fj;k]
vkSj 16 ,Eih;j
gsek bUthfu;fjax odZl ds ikl]
rd dh jsfVr djaV
lSDVj 10 dh ekfdZV ds lkeus]
okys Iyx vkSj lkWdsV
[kkaMlk jksM]
fudkl
xqM+xkao]
gfj;k.kk
7-
,y&9512341820
03-02-2015
eSñ lQy iksyhelZ]
High density polyethylene 14333
&
&
1996
jksgrd jksM]
pipe for sewerage
dykukSj&124113]
ftyk jksgrd]
gfj;k.kk
8-
,y&9512341921
04-02-2015
eSñ vkj Mh ToSy;Z ¼cSx½]
Lo.kZ ,oa Lo.kZ feJ/kkrq
1417
&
&
1999
6882] ekSgYyk cSl lhrc jk;]
vkHkw"k.k@f'kYi oLrq,a—
fjokM+h&123401
eghurk ,oa eqgjkadu
gfj;k.kk
9-
,y&9512342014
04-02-2015
eSñ lqHkk"k pUn tokgj yky oekZ]
Lo.kZ ,oa Lo.kZ feJ/kkrq
1417
&
&
1999
esu cktkj] iyoy]
vkHkw"k.k@f'kYi oLrq,a—
iyoy&121102]
eghurk ,oa eqgjkadu
gfj;k.kk
10-
,y&9512342115
06-02-2015
eSñ Jh xq: d`ik vkHkw"k.k izkñ fyñ]
Lo.kZ ,oa Lo.kZ feJ/kkrq
1417
&
&
1999
bZ&865] ,;j QkslZ jksM]
vkHkw"k.k@f'kYi oLrq,a—
Mcqvk dykSuh] ,uvkbZVh]
eghurk ,oa eqgjkadu
Qjhnkckn&121001]
gfj;k.kk
11-
,y&9512342216
12-02-2015
eSñ vafdr bUVjizkbfll]
iwoZ <fyr dadjhV eSugksy ds
12592
&
&
2002
xkao glux<+]
<Ddu o Qzs e
Mh,oh Ldwy ds ihNs]
rglhy lkaiyk]
ftyk jksgrd]
gfj;k.kk
12-
,y&9512342317
26-02-2015
eSñ fdlku bfjxs'ku]
flapkbZ ;a=ksa ds fNM+dko
14151
01
&
1999
Mkd?kj >ks>wdyka]
;a= gsrq iksyhbFkkbyhu
rglhy pj[khnknjh]
ikbi
ftyk fHkokuh&127021]
gfj;k.kk
13-
,y&9512342418
26-02-2015
eSñ fdlku bfjxs'ku]
flapkbZ miLdj —
14151
02
&
2008
Mkd?kj >ks>wdyka]
fLizadyj ikbi —
rglhy pj[khnknjh]
Hkkx 2 lgt la;ksth
ftyk fHkokuh&127021]
ikyh,fFkyhu ikbi
gfj;k.kk
Øe
ykblsal
Lohd`r djus dh
ykblsal/kkjh dk uke
Hkkjrh; ekud dk 'kh"kZd
Hkk ek
Hkkx
vuq
o"kZ
la[;k
la[;k
frfFk o"kZ
o irk
la[;k
3234
THE GAZETTE OF INDIA : AUGUST 1, 2015/SRAVANA 10, 1937
[PART II—SEC. 3 (ii)]
14-
,y&9512342519
02-03-2015
eSñ ikjkekmaV dksE;wfuds'kUl fyñ]
398
04
&
1994
IykWV uañ 37] b.MLVªh;y ,fj;k
/kk:gsM+k] ftyk fjokM+h]
gfj;k.kk
15-
,y&9512342620
10-03-2015
eSñ Dykfld bySDVªkM~l ¼bf.M;k½ fyñ]gLR; /kkrq vkdZ osfYMax ds
814
&
&
2004
IykWV uañ 62] lSDVj&16]
fy, vko`Ùk dkcZu vkSj
,p,lvkbZvkbZMhlh]
dkcZu eSaxuht bLikr
cgknqjx<+&124507]
bySDVªksM
ftyk >Ttj]
gfj;k.kk
16-
,y&9512342721
26-03-2015
eSñ xxZ ToSylZ]
Lo.kZ ,oa Lo.kZ feJ/kkrq
1417
&
&
1999
6@289] esu ekfdZV]
vkHkw"k.k@f'kYi oLrq,a—
vksYM Qjhnkckn]
eghurk ,oa eqgjkadu
Qjhnkckn&121002]
gfj;k.kk
17-
,y&9512342822
27-03-2015
eSñ f'k[kj cSojsftl]
iSdstcUn is; ty
14543
&
&
2004
[kljk uañ 514]
¼iSdstcUn izkd`frd feujy
clbZ bUDyso Hkkx&II]
ty ds vykok½
Jhaxjh xSl xksnke ds ikl]
xqM+xkao] gfj;k.kk
[la - lh ,e Mh@13%11]
fcUnq dqekj] vuqHkkx vf/kdkjh
New Delhi, the 17th July, 2015
S.O.1527. —In pursuance of sub-regulation (5) of the regulation 4 of the Bureau of Indian Standards (Certifica-
tion) Regulations 1988, of the Bureau of Indian Standards, hereby notifies the grant of licences particulars of which are
given in the following schedule:
Sl.
Licence No.
Grant
Name & Address
Title of the Standard
IS No.
Part.
Sec.
Year
No.
CM/L-
Date
of the Licensee
1.
L-9512341214
01.01.2015
M/s Triunity Technology Pvt.,
Covered electrodes for
814
—
—
2004
Ltd., Plot No. 147, Sector 25,
manual metal arc welding
Faridabad-121004,
of carbon and carbon
Haryana
manganese steel
2.
L-9512341315
06.01.2015
M/s Neelkanth Tubes Pvt. Ltd.,
Steel Tubes for
1161
—
—
1998
31 KM Delhi Rohtak Road,
Structural Purposes—
Village Rohad, Distt. Jhajjar,
Haryana
3.
L-9512341416
07.01.2015
M/s SRS Jewells (A Unit of SRS
Gold & Gold Alloys,
1417
—
—
1999
Ltd.), Ground Floor,
Jewellery/Artefacts—
SRS Mall, Sector-12
Fineness and
Faridabad, Haryana
Marketing
4.
L-9512341517
07.01.2015
M/s Chand Jewellers,
Gold & Gold Alloys,
1417
—
—1999
Shop No. 1593, Jewahar
Jewellery/Artefacts—
Colony, Gurudwara Road, NIT,
Fineness and
Faridabad-121002,
Marketing
Haryana
5.
L-9512341618
27.01.2015
M/s Dhoop Singh & Sons Pvt.,
Butterfly valves of
13095 —
—1991
Ltd., 1724, Modern Industrial grand purpose
Estate, Part B,
Bahadurgarh-124507.
Øe
ykblsal
Lohd`r djus dh
ykblsal/kkjh dk uke
Hkkjrh; ekud dk 'kh"kZd
Hkk ek
Hkkx
vuq
o"kZ
la[;k
la[;k
frfFk o"kZ@ekg
o irk
la[;k
[Hkkx II—[k.M 3 (ii)]
Hkkjr dk jkti= % vxLr 1] [email protected] 10] 1937
3235
Distt. Jhajjar,
Haryana
6.
L-9512341719
28.01.2015
M/s Pray Power System,
Plugs and socket
1293
-
-2005
Khasra No. 601/3/31, Old
outlets, of 250 volts and
Industrial Area, Near Hema
rated current up to
Engg. Ltd., Opp. Sector-10A
16 amperes
Market, Khandsa Road,
Gurgaon, Haryana
7.
L-9512341820
03.02.2015
M/s Safal Polymers,
High density polyethy-,
14333
-
-
1996
Rohtak Road,
lene pipe for sewerage
Kalanaur-124113,
Distt. Rohtak,
Haryana
8.
L-9512341921
04.02.2015
M/s R.D. Jewellers (Bag),
Gold & Gold Alloys,
1417
-
-
1999
6882, Mohalla Bas Sitab Rai, Jewellery/Artefacts-
Rewari-123401,
Fineness and
Haryana
Marking
9.
L-9512342014
04.02.2015
M/s Subhash Chand Jawahar
Gold & Gold Alloys,
1417
-
-
1999
Lal Verma,
Jewellery/Artefacts-
Main Bazar, Palwal,
Fineness and
Palwal 121102,
Marking
Haryana
10.
L-9512342115
06.02.2015
Shri Guru Kripa Abhushan Pvt.
Gold & Gold Alloys,
1417
-
-
1999
Ltd., E-865, Air Force Road, Jewellery/Artefacts-
Dabua Colony, NIT,
Fineness and Marking
Faridabad-121001,
Haryana
11.
L-9512342216
12.02.2015
M/s Ankit Enterprises,
Pracast Concrete
12592
-
-
2002
Village Hassangarh,
Manhole Cover and
Behind DAV School,
Frame
Tehsil Sampla,
Distt. Rohtak,
Haryana
12.
L-9512342317
26.02.2015
M/s Kissan Irrigation,
Irrigation Equipment-
14151 01
-1999
VPO Jhojhu Kalan, Tehsil
Sprinkler Pipes
Charkhidadri,
Part 1 : Polyethylene
Distt. Bhiwani-127021
Pipes
Haryana
13.
L-9512342418
26.02.2015
M/s Kissan Irrigation,
Irrigation Equipment-
14151 02
-2008
VPO Jhojhu Kalan, Tehsil
Sprinkler Pipes
Charkhidadri,
Part 2 : Quick Coupled
Distt. Bhiwani-127021
Polyethylene Pipes
Haryana
14.
L-9512342519
02.03.2015
M/s Paramount,
Aluminium conductors
398
04
-
1994
Communications Ltd.,
for overhead transmission
Plot No. 37 Industrial
Purposes Part 4
Estate, Dharuhera,
Aluminium alloy
Distt. Rewari, Haryana
stranded conductors
(aluminium magnesium
silicon type)
Sl.
Licence No.
Grant
Name & Address
Title of the Standard
IS No.
Part.
Sec.
Year
No.
CM/L-
Date
of the Licensee
3236
THE GAZETTE OF INDIA : AUGUST 1, 2015/SRAVANA 10, 1937
[PART II—SEC. 3 (ii)]
15.
L-9512342620
10.03.2015
M/s Classic Electrodes (India)
Covered electrodes for
814
-
-2004
Ltd., Plot No. 62, Sector-16 manual metal arc
HSIIDS,
welding of carbon and
Bahadurgarh-124507,
carbon managanese steel
Distt. Jhajjar,
Haryana
16.
L-9512342721
26.03.2015
M/s Garg Jewellers,
Gold & Gold Alloys,
1417
-
-
1999
6/289, Main Market,
Jewellery/Artefacts—
Old Faridabad
Fineness and
Faridabad-121002,
Marking
Haryana
17.
L-9512342822
27.03.2015
M/s Shikhar Beverages,
Packaged Drinking
14543 -
-
2004
Khasra No. 514,
Water (Other Than
Basai Encklave Part II,
Natural Mineral Water)
Near Sringeri Gas Godown,
(Gurgaon),
Haryana
[No. CMD/13:11]
BINDU KUMAR, Section Officer
isVªksfy;e ,oa izkd`frd xSl ea=ky;
ubZ fnYyh] 24 tqykbZ] 2015
dk- vk- 1528-—ljdkjh LFkku ¼vizkf/kd`r vf/kHkksfx;ksa dh csn[kyh½ vf/kfu;e] 1971 ¼1971 dk 40½ ds [kaM 3 }kjk iznÙk 'kfDr;ksa dk
iz;ksx djrs gq, Hkkjr ds jkti= esa izdkf'kr lkañvkñ la[;k 3776 }kjk isVªksfy;e ,oa izkd`frd xSl ea=ky; Hkkjr ljdkj dh
fnukad 11 ekpZ 2011 dh vf/klwpuk la[;k R-2003/1/2002-OR-I ds vf/kØe.k esa] dsUnz ljdkj mDr vf/kfu;e ds iz;kstu ds fy, laink
vfèdkjh dks ,rn~}kjk jktif=r vf/kdkjh ds led{k jSad ds vf/kdkjh dks uhps nh xbZ rkfydk ds vuqlkj fu;qDr djrh gSA tks dfFkr rkfydk
ds LFkkuh; dkWye 3 esa blh izfof"V esa fufnZ"V lkoZtfud ifjlj ds laca/k esa vf/kdkj {ks= dh LFkkuh; lhekvksa ds Hkhrj mDr vf/kfu;e ds rgr
laink vf/kdkjh ds drZO;ksa dk ikyu djrs gq, iznÙk 'kfDr;ksa dk iz;ksx djsxk A
rkfydk
Øe
bdkbZ@dk;kZy; dk uke
vf/kdkjh dk inuke
ljdkjh LFkku dh Jsf.k;ka vkSj {ks=kf/kdkj
lañ
dh LFkkuh; lhek,a
uqekyhx<+ fjQkbujh
Jh vlhe dqekj pkS/kjh eq[;
uqekyhx<+ fjQkbujh
fyfeVsM
izca/kd ¼uxjcLrh ,oa laink
ftyk xksyk?kkV vle
uqekyhx<+ fjQkbujh fyfeVsM]
esa fLFkr uqekyhx<+
ihñvksñ% uqekyhx<+ fjQkbujh
fjQkbujh fyfeVsM ds
ifjlj] ftyk xksyk?kkV&785699
izk'kklfud fu;a=.kk/khu
vle
lHkh ifjljA
[Qk- la- vkj&20023@1@2011&vksvkj&1¼Hkkx½]
iou dqekj] voj lfpo
MINISTRY OF PETROLEUM AND NATURAL GAS
New Delhi, the 24th July, 2015
S.O. 1528.—In exercise of the power conferred by section 3 of the Public Premises (Eviction of Un-authorized Occupants)
Act-1971 (40 of 1971) and in supersession of the notification of the Government of India in the Ministry of Petroleum and
Natural Gas No. R-20023/1/2011-OR-I dated 11th March, 2011 the Central Government hereby appoints the Officer mentioned
Sl.
Licence No.
Grant
Name & Address
Title of the Standard
IS No.
Part.
Sec.
Year
No.
CM/L-
Date
of the Licensee
[Hkkx II—[k.M 3 (ii)]
Hkkjr dk jkti= % vxLr 1] [email protected] 10] 1937
3237
in the table below, being officer of equivalent rank of Gazetted Officers of the Government, to be Estate Officer for the
purpose of the said Act, who shall exercise the powers conferred and perform the duties imposed on Estate Officer by or
under the said Act within the local limits of the jurisdiction in respect of the public premises specified in the corresponding
entry in local column 3 of the said table.
TABLE
Sl.No.
Name of the
Designation of the Officer
Categories of Public premises and local
Unit/Office
limits of jurisdiction
1.
Numaligarh Refinery
Shri Aseem Kumar
All premises under the
Limited
Choudhury,
administrative control of
Chief Manager (Township
Numaligarh Refinery
& Estate) Numaligarh
Limited located at
Refinery Limited, PO.-
Numaligarh, Dist. Golaghat
Numaligarh Refinery
Assam
Complex Dist Golaghat-
785699 Assam
[No. R-20023/1/2011-OR-I(Pt.)]
PAWAN KUMAR, Under Secy.
Je ,oa jkstxkj ea=ky;
ubZ fnYyh] 22 tqykbZ] 2015
dkñvkñ 1529-—jk"Vªifr] dsUnzh; ljdkj vkS|ksfxd
vf/kdj.k&lg&Je U;k;ky;] ukxiqj ds fjDr in gsrq fyad
vf/kdkjh ds :i esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k&lg&Je
U;k;ky; uañ 1] fnYyh ds ihBklhu vf/kdkjh Jh ,ñ lhñ Mksxjk dks
fnukad 06-10-2015 dh le;kof/k rd vFkok fu;fer in/kkj.k dh
fu;qfDr gksus rd vFkok vxys vkns'kksa rd] buesa ls tks Hkh igys gks
rc rd ds fy, vfrfjDr dk;ZHkkj c<+krs gSaA
[la- ,&11016@03@2009&lh,y,l&II]
larks"k dqekj flag] voj lfpo
MINISTRY OF LABOUR AND EMPLOYMENT
New Delhi, the 22nd July, 2015
S.O. 1529.— The President is pleased to extend the
additional charge of the post of Presiding Officer of the
Central Government Industrial Tribunal-cum-Labour Court,
Nagpur to Shri A.C. Dogra, Presiding Officer, Central
Government Industrial Tribunal-cum-Labour Court No. 1,
Delhi for a period up to 06.10.2015 or till appointment of a
regular incumbent or until further orders, whichever is the
earliest.
[No. A-11016/03/2009-CLS-II]
S.K. SINGH, Under Secy.
ubZ fnYyh] 22 tqykbZ] 2015
dkñvk-1530-—jk"Vªifr] dsUnzh; ljdkj vkS|ksfxd
vf/kdj.k&lg&Je U;k;ky; uañ 2] eqEcbZ ds fjDr in gsrq fyad
vf/kdkjh ds :i esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k&lg&Je
U;k;ky; uañ 1] eqEcbZ ds ihBklhu vf/kdkjh Jh lR;kiwr egjks=k dks
fnukad 11-10-2015 dh le;kof/k rd vFkok fu;fer in/kkj.k dh
fu;qfDr gksus rd vFkok vxys vkns'kksa rd] buesa ls tks Hkh igys gks
rc rd ds fy, vfrfjDr dk;ZHkkj c<+krs gSaA
[lañ ,&11016@03@2009&lh,y,l&II]
larks"k dqekj flag] voj lfpo
New Delhi, the 22nd July, 2015
S.O. 1530.—The President is pleased to extend the
additional charge of the post of Presiding Officer of the
Central Government Industrial Tribunal-cum-Labour Court
No. 2, Mumbai to Shri Satya Poot Mehrotra, Presiding
Officer, Central Government Industrial Tribunal-cum-
Labour Court No. 1, Mumbai for a period up to 11.10.2015
or till appointment of a regular incumbent or until further
orders, whichever is the earliest.
[No. A-11016/03/2009-CLS-II]
S.K. SINGH, Under Secy.
ubZ fnYyh] 22 tqykbZ] 2015
dkñvk-1531-—jk"Vªifr] dsUnzh; ljdkj vkS|ksfxd
vf/kdj.k&lg&Je U;k;ky;] cSaxyksj ds fjDr in gsrq fyad vfèdkjh
ds :i esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k&lg&Je U;k;ky;
uañ 2] fnYyh ds ihBklhu vf/kdkjh Jh gjcal dqekj lDlsuk dks
fnukad 09-11-2015 dh le;kof/k rd vFkok fu;fer in/kkj.k dh
fu;qfDr gksus rd vFkok vxys vkns'kksa rd] buesa ls tks Hkh igys gks
rc rd ds fy, vfrfjDr dk;ZHkkj c<+krs gSaA
[la- ,&11016@03@2009&lh,y,l&II]
larks"k dqekj flag] voj lfpo
New Delhi, the 22nd July, 2015
S.O. 1531.—The President is pleased to extend the
additional charge of the post of Presiding Officer of the Central
Government Industrial Tribunal-cum-Labour Court,
3238
THE GAZETTE OF INDIA : AUGUST 1, 2015/SRAVANA 10, 1937
[PART II—SEC. 3 (ii)]
Bangalore to Shri Harbans Kumar Saxena, Presiding
Officer, Central Government Industrial Tribunal-cum-
Labour Court No. 2, Delhi for a period up to 09.11.2015
or till appointment of a regular incumbent or until further
orders, whichever is the earliest.
[No. A-11016/03/2009-CLS-II]
S.K. SINGH, Under Secy.
ubZ fnYyh] 22 tqykbZ] 2015
dkñvkñ 1532.—jk"Vªifr] dsUnzh; ljdkj vkS|ksfxd
vf/kdj.k&lg&Je U;k;ky;] gSnjkckn ds fjDr in gsrq fyad vfèdkjh
ds :i esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k&lg&Je U;k;ky; uañ
2] /kuckn ds ihBklhu vf/kdkjh Jh fd'kksjh jke dks fnukad
30-09-2015 dh le;kof/k rd vFkok fu;fer in/kkj.k dh fu;qfDr
gksus rd vFkok vxys vkns'kksa rd] buesa ls tks Hkh igys gks rc rd
ds fy, vfrfjDr dk;ZHkkj c<+krs gSaA
[lañ ,&11016@03@2009&lh,y,l&II]
larks"k dqekj flag] voj lfpo
New Delhi, the 22nd July, 2015
S.O. .1532.—The President is pleased to extend the
additional charge of the post of Presiding Officer of the
Central Government Industrial Tribunal-cum-Labour Court,
Hyderabad to Shri Kishori Ram, Presiding Officer, Central
Government Industrial Tribunal-cum-Labour Court No. 2,
Dhanbad for a period up to 30.09.2015 or till appointment
of a regular incumbent or until further orders, whichever is
the earliest.
[No. A-11016/03/2009-CLS-II]
S.K. SINGH, Under Secy.
ubZ fnYyh] 27 tqykbZ] 2015
dkñvkñ 1533.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947 dk
14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ ykbZQ ba';ksjsUl
dkWjiksjs'ku vkWQ bafM;k ds izca/kra= ds lac) fu;kstdksa vkSj muds
deZdkjksa ds chp vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh;
ljdkj vkS|ksfxd vf/kdj.k ,oa Je U;k;ky; ua- 2] ubZ fnYyh ds
iapkV ¼lanHkZ la[;k 3@2011½ dks izdkf'kr djrh gS tks dsUnzh; ljdkj
dks 21@07@2015 dks izkIr gqvk FkkA
[lañ ,y&17012@23@2010&vkbZvkj¼,e½]
uohu diwj] voj lfpo
New Delhi, the 27th July, 2015
S.O. 1533.—In pursuance of Section 17 of the Industrial
Dispute Act, 1947 (14 of 1947), the Central Government
hereby publishes the award (Ref. No. 3/2011) of the Central
Government Industrial Tribunal/Labour Court-2, New Delhi
now as shown in the Annexure in the Industrial Dispute
between the employers in relation to the management of
M/s. LIC of India and their workman, which was received
by the Central Government on 21/07/2015.
[No. L-17012/23/2010-IR(M)]
NAVEEN KAPOOR, Under Secy.
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL
TRIBUNAL-CUM-LABOUR COURT-II, DELHI
Present:—SHRI HARBANSH KUMAR SAXENA
ID. No. 3/11
Sh. N.K. Kaushik,
113, Maheshwari Ganj,
Hapur Distt.,
Ghaziabad (U.P.)
Vs.
1. The Sr. Divisional Manager,
LIC of India, Divisional Office,
Prabhat Nagar,
Meerut (U.P.)
2. The Zonal Manager,
Life Insurance Corporation of India,
North Centre Zone, Mall Road.
AWARD
The Central Government in the Ministry of Labour vide
notification No. L-17012/23/2010 -IR(M) dated 03.01.2011
referred the following industrial Dispute to this tribunal for
adjudication:—
"Wherther the person Sh. N.K. Kaushik employed
as Development Officer is a workman under Section
2(S) of the ID Act, 1947?" If so, then whether his
termination from service on the alleged charges of
misconduct leveled against him vide charge sheet
dated 6.6.1995 is legal and justified? To what relief
the workman is entitled and from which date?
On 25.01.2011 reference was received in this tribunal.
Which was register as I.D. No. 03/2011 and claimant was
called upon to file claim statement with in fifteen days from
date of service of notice. Which was required to be
accompanied with relevant documents and list of witnesses.
After service of notice workman/claimant filed claim
statement on 25.3.2011. Wherein he prayed as follows:—
(a) To decleare charge sheet vague, ambiguous, false,
null, void and abinitio.
(b) To declare the enquiry proceedings illegal and
unjustified.
(c) To declare the orders of termination illegal and
unjustified and which is liable to be set aside.
[Hkkx II—[k.M 3 (ii)]
Hkkjr dk jkti= % vxLr 1] [email protected] 10] 1937
3239
(d) The workman be reinstated from the date of
suspension with full wages and other emoluments
along with the timely promotions likely to be
earned by the workman based upon the shining
performance of workman.
(e) Suspension be declared illegal and unjustified from
date of suspension to the date of termination and
full wages with emoluments be paid.
(f) Termination be declared illegal and unjustified and
full wages and other emoluments be awarded up
to the date of termination.
(g) Compensation for the tortue, and harassment and
his illness and other expenses reimbursement
amounting to Rs. 1 crore awarded to the workman.
(h) Compensation amounting to Rs. 2 crores be
awarded to the workman for his defamations.
(i) Any other relief as the Hon'ble Court deem fit.
Against Statement of Claim Management filed Written
Statement on 2.11.2011.
Wherein management prayed as follows:—
It is most respectfully prayed that the claim of the
claimant, Mr. N.K. Kaushik may kindly be dismissed with
costs, in the interest of justice and fair trial.
In reply to aforesaid written statement workman filed
replication on 11.1.2012.
On the basis of pleadings following issues have been
framed by Ld. Predecessor on 08.11.2012:—
1. Whether N.K. Kaushik Claimant is a workman in
this case as claimed by him. If no to what effect?
2. Whether the department enquiry conducted in
this case was legal, just and fair and was not in
violation of the principles of natural justice. If
not, what directions are called for in this case?
And fixed 21.02.2013 for workman evidence. After
several opportunities workman not produced any evidence.
On 8.6.2015 workman moved an application wherein he
mentioned as follows:—
I, Naresh Kumar Kaushik (Termination Development
Officer of L.I.C.) the claimant in above case have to state
that this case is running under trial in this Ld. Court since
25.3.2011 as per the letter dated 25.1.2011 enclosed herewith
(Anx. 1)
The dispute between the claimant and the Management
of L.I.C. was referred by the Ministry of Labour Government
of India Delhi with reference No.L-17012/23/2010-IR(M)
dated 3.1.2011 to this C.G.I.T. Court (Copy enclosed
Annex-2).
Recently, from the reliable source, the applicant has
come to, know that a judgment has been given by the
Hon'ble Supreme Court of India on 11.03.2015 under Civil
Writ petition Nos. 6547-6549 of 2010 regarding Development
Officers working in L.I.C. of India the copy of the ruling
dated 11.03.2015 mentioned above is being enclosed
herewith (Anx.-3).
It is therefore requested this Ld. Court to look into the
matter. It is further requested to guide the application
whether this case No. 3, of 2011, will remain continue under
trial in this Ld. Court or not?
Kindly look into the matter and to reward as per given
Schedule of the Ministry of Labour (Letter dt. 03.01.2011)
as per (Anx-1).
Thinking you
Claimant/Applicant
(N. K. Kaushik)
113, Maheshwari Ganj,
Distt. Hapur,
Ghaziabad, U.P.
On 29.06.2015 workman again moved an application.
Wherein he mentioned as follows:—
May it please your Honour
I, the under signed applicant the claimant of the above
case No. 3 of 2011 have to request, your kind Honour to
reward as per the judgment of the Supreme Court of India
dated 11.03.2015.
Thinking you.
Applicant
On the basis of facts mentioned in the application and
principles laid down by their lordship of Supreme Court in
writ-petition No. 6547-6549 of 2010 and decided to 11.3.2015
workman Sh. N.K. Kaushik is not workman defined in
section 2(S) I.D. Act, 1947.
Hence, this Tribunal has no jurisdiction to decide
reference sent by Labour Ministry to this Tribunal.
Reference is accordingly decided but Labour Ministry
shall be at liberty to send the reference to suitable authority
who is competent to decide the reference.
Award is accordingly passed but this award will not
create any hurdle in decision of reference if subsequently
made by Labour Ministry to any competent authority having
jurisdiction.
Dated:—29.06.2015
HARBANSH KUMAR SAXENA, Presiding Officer
ubZ fnYyh] 27 tqykbZ] 2015
dkñvkñ 1534.—vkSn~;ksfxd fookn vf/kfu;e] 1947 ¼1947
dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj esllZ ykbZQ
ba';ksjsUl dkWjiksjs'ku vkWQ bafM;k ds izca/kra= ds lac) fu;kstdksa
3240
THE GAZETTE OF INDIA : AUGUST 1, 2015/SRAVANA 10, 1937
[PART II—SEC. 3 (ii)]
vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ"V vkSn~;ksfxd fookn esa
dsUnzh; ljdkj vkSn~;ksfxd vf/kdj.k ,oa Je U;k;ky;] tcyiqj ds
iapkV ¼lanHkZ la[;k 27@2006½dks izdkf'kr djrh gS] tks dsUnzh;
ljdkj dks 21-07-2015 dks izkIr gqvk FkkA
[lañ ,y&17012@6@2006&vkbZvkj ¼,e½]
uohu diwj] voj lfpo
New Delhi, the 27th July, 2015
S.O. 1534.—In pursuance of Section 17 of the Industrial
Dispute Act, 1947 (14 of 1947), the Central Government
hereby publishes the award (Ref. No. 27/2006) of the Central
Government Industrial Tribunal/Labour Court, Jabalpur now
as shown in the Annexure in the Industrial Dispute between
the employers in relation to the management of M/s. LIC of
India and their workman, which was received by the Central
Government on 21.07.2015.
[No. L-17012/6/2006-IR (M)]
NAVEEN KAPOOR, Under Secy.
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT
INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,
JABALPUR
NO. CGIT/LC/R/27/2006
Shri Indersharan Sharma
Mukam Sameri (Thakur Tola),
PO Bhadanwara,
Satna (MP)
.......Workman
Versus
Sr. Mandal Manager,
LIC of India,
Mandal Office,
Krishna Complex,
Krishna Nagar,
Satna (MP)
........Management
AWARD
Passed on this 8th day of July, 2015
1. As per letter dated 14.7.06 by the Government of India,
Ministry of Labour, New Delhi, the reference is received.
The reference is made to this Tribunal under Section-10 of
I.D. Act, 1947 as per Notification No. L-17012/6/2006-IR
(M). The dispute under reference relates to:
"Whether the action of the management of
Sr. Divisional Manager, LIC of India, Divisional
Office, Satna MP in not regularizing the services
and terminating Shri Inder Sharan Sharma S/o Shri
Suresh Prasad Sharma, Daily rated workman after
working from 1.5.95 to 30.9.2005 is legal? If not,
to what relief the concerned workman is entitled?"
2. After receiving reference, notices were issued to
the parties. Workman submitted statement of claim at
Pages 5/1 to 5/4. Case of Ist party workman is that he was
working with 2nd party continuously from 1-5-95 to 30-
9-2005 as peon. He was paid salary at end of the month
from District Office. His service record was unblemished.
His services were terminated by Sr. Divisional Manager.
Workman further submits as per provisions under ID Act
after continuous working for period more than six months,
employee gets status of permanent employee. On such
ground, workman prays for his reinstatement with
backwages.
3. 2nd party filed Written Statement at pages 8/1 to 8/
3 opposing claim of the workman. 2nd party denies that
workman was continuously working for more than 240 days.
There was no point of compliance of Section 25-F, G, H of
ID Act. Violation of Rules 77, 78 of ID Rules is denied. It is
reiterated that workman is not entitled to any relief.
Workman worked only for 85 days, workman did not work
continuously from 1-5-95 to 30-9-2005 claimed by workman.
That appointment of staff is made as per directions from
office of Mumbai. Workman was not appointed as
employee of 2nd party. It is submitted that claim of workman
be dismissed with cost of Rs. 5000/-.
4. Workman filed rejoinder at Page 9 reiterating his
contentions in statement of claim.
5. Considering pleadings on record, the points which
arise for my consideration and determination are as under.
My findings are recorded against each of them for the
reasons as below:—
“(i)
Whether the action of the
In Negative
management of Sr. Divisional
Manager, LIC of India, Divisional
office, Satna MP in not
regularizing the services and
terminating Shri Inder Sharan
Sharma S/o Shri Suresh Prasad
Sharma, Daily rated workman
after working from 1-5-95 to
30-9-2005 is legal?
(ii)
If not, what relief the
As per final order.
workman is entitled to?"
REASONS
6. Ist party workman is challenging termination for
violation of Section 25-F, G, H of ID Act. That he was
continuously working with 2nd party from October 99 to
2001. He completed more than 240 days continuous service.
His services were terminated without notice. No
retrenchment compensation was paid to him. 2nd party
denied all above material contentions of workman.
[Hkkx II—[k.M 3 (ii)]
Hkkjr dk jkti= % vxLr 1] [email protected] 10] 1937
3241
7. Workman filed affidavit of his evidence supporting
his contentions in statement of claim that he was
continuously working with 2nd party as peon from 1-5-95
to 30-9-2005. He worked more than 240 days during each of
the year he was paid wages under voucher but his signature
were not taken on payment voucher. Payment voucher was
many times written in name of other persons. His attendance
was recorded on muster roll. His services were orally
terminated without paying retrenchment compensation. 2nd
party has failed to produce documents as per application
submitted by workman. Workman was granted permission
to adduce secondary evidence. Document Exhibit W-1 to
W-5 are admitted in evidence. Workman says those
documents were given by Shri Mukesh Raikwar. Workman
in his cross-examination says he was interviewed before
his engagement, his name was sponsored through
Employment Exchange, appointment letter was not given
to him. He was paid after 15 days or at end of the month. He
was paid wages for his working days. On Exhibit W-1, seal
of LIC is not appearing. Documents does not bear signature
of any officer of LIC. Exhibit W-1 does not disclose
attendance of employees for which branch is marked in
said documents. Exhibit W-2 bears signature of Shri Ram
Mishra and the workman himself. During 1995, he was paid
wages Rs. 35 to 37 per day. He admits working in name of
other persons. He did not object to it. Workman denied
suggestion that documents produced by him are bogus/
fabricated. In Exhibit W-1, entries of name of Ist party are
appearing from 1-6-05 to 31-8-05. His signature is also
appearing in document Exhibit W-2/1, W-3, W-4 are issued
in name of Ist party workman for the period 2002. Other
documents produced by workman also shows name of
workman during various period. In cross-examination of
workman, nothing is brought on record that the documents
produced by workman are fabricated and not genuine.
8. Management's witness Vivek Kumar filed affidavit
of evidence supporting contentions of management.
Management's witness says that workman did not work
with 2nd party during 1-5-95 to 30-9-2005. The claim of
workman is false. However in his cross-examination,
management's witness says that signatures of daily wagers
are taken in Attendance Register, payment is made by
voucher. Attendance of permanent employee and daily
wages employee is separately maintained. 2nd party has
not produced payment vouchers, attendance register. The
witness of management explained that the documents were
destroyed. The documents produced by 2nd party shows
that documents are destroyed in the year 2008 whereas
dispute was raised by Ist party in 2005. The application for
production of document was submitted in 2007. In statement
of claimed filed on 3-8-06, workman had requested
production of documents of Attendance Register, Budget
control register. Despite 2nd having knowledge, documents
were destroyed without obtaining permission of this
Tribunal therefore permission was granted to adduce
secondary evidence. The genuineness of document
produced by workman Exhibit W-1/1 to 1/21, W-2/1 to 2/3
is established. In cross-examination of workman, nothing
is brought on the record except that Exhibit W-2/1 to 2/3 is
not bearing office seal or signature of the officer. When
2nd party has destroyed documents without permission of
court evenafter having knowledge of present reference
pending before this Tribunal, I do not find reason to
disbelieve evidence of workman that he was continuously
working from 1-5-95 to 30-9-2005. He completed 240 days
continuous service. Workman was not served with notice,
he was not paid retrenchment compensation before
termination of service therefore termination of service of
workman is in violation of Section 25-F of ID Act. I record
my finding in Point No. 1 in Negative.
9. Point No. 2—Termination of service of workman is
illegal for violation of Section 25-F of ID Act as per my
finding in Point No. 1, question remains to be decided
whether workman is entitled for reinstatement with
backwages. Workman has worked for about 10 years with
2nd party. His services are terminated in violation of Section
25-F of ID Act.
10. Learned counsel for Ist party workman Shri Aditya
Ahiwasi relies on ratio held in
Case of Director of Horticulture and another versus
Shri H.A. Kumar reported in 2014(13)SCC-746. Their
Lordship dealing with non-compliance of Section 25-F.
Workman working more than 240 days in a year preceding
his termination and not given notice nor retrenchment
compensation. Their Lordship held no interference with
impunged order directing his reinstatement without any
back wages called for.
In case of Harjinder Singh versus Punjab State
Warehousing Corporation reported in 2010(3) SCC 192.
Their lordship considering employment in public sector
undertaking challenge to validity/legality of initial
appointment need to raise pleading regarding at the earliest
opportunity. The award of Labour Court for reinstatement
with 50% back wages was upheld by this Lordship.
The facts of the present case are not comparable. From
reading of Para-2 of above cited judgement, it is clear that
appellant workman was employed in service of Punjab Ware
-housing Corporation w.e.f. 5-3-86, after 7 months, the
executive Engineer of Corporation issued order dated
3-10-86 appointing him as Work Munshi in the pay scale
of 350-525.
In present case, the workman was not appointed on pay
scale, rather the workman was working on daily wages
for about 10 years. The ratio held in the case cannot be
applied in this case.
3242
THE GAZETTE OF INDIA : AUGUST 1, 2015/SRAVANA 10, 1937
[PART II—SEC. 3 (ii)]
In case of Krishan Singh versus Executive Engineer,
Haryana State Agricultural Marketing Board, Rohtak,
Haryana reported in 2010(3) SCC-637. Their Lordship
dealing with Section 25-F of ID Act daily wager terminated
orally without compliance with Section 25-F of ID Act. The
Labour Court award for reinstatement with 50% backwages,
Hon'ble High Court stayed directing payment of
compensation Rs. 50,000. Their Lordship held as no plea
regarding validity of appointment was raised before Labour
Court, High Court should not have modified award of Labour
Court, High Court should not have modified award.
No point about legality of appointment of workman is
involved in this case. Workman was working on daily
wages. The ratio cannot be applied to present case.
11. Learned counsel for 2nd party Shri Aditya Singh
relies on ratio held in
Case of Mackinnon Mackenzie and Company Ltd. versus
Mackinnon Employees Union reported in 2015(4) SCC-544.
On the point of Section 25-F the condition precedent and
its non-compliance.
In present case, the evidence of management's witness
is clear that workman was not served with notice,
retrenchment compensation was not paid to him. The
termination of workman is apparently illegal.
In case of Assistant Engineer, Rajasthan Development
Corporation and another versus Gitam Singh reported in
2013(5) SCC-136. Their Lordship dealing with violation of
Section 25-F of ID Act w.r.t. wrongful termination of daily
rated workman held compensation and not reinstatement.
Factors to be taken into account while granting relief
Distinction should be drawn between daily rated worker
and worker holding regular post. Service of a daily wager
who worked for short period of 240 days only terminated in
violation of Section 25-F. Award of Labour Court directing
reinstatement with continuity of Service with 50%
backwages was not interfered by Division bench of High
Court. Their Lordship held the exercise of jurisdiction
suffers from serious infirmity and awarded 50,000
compensation.
The present case is squarely covered by ratio held in
above cited case. As workman was working on daily wages
for 10 years, compensation Rs. 2 Lakhs would be reasonable.
12. In the result, award is passed as under:—
(1) The action of the management of Sr. Divisional
Manager, LIC of India, Divisional office, Satna
MP in not regularizing the services and
terminating Shri Inder Sharan Sharma S/o
Shri Suresh Prasad Sharma, Daily rated workman
after working from 1-5-95 to 30-09-2005 is not legal.
(2) 2nd party is directed to pay compensation Rs. 2
lakhs to the workman.
Amount as per above order shall be paid to workman
within 30 days from the date of notification of award. In
case of default, amount shall carry 9% interest per annum
from the date of award till its realization.
R.B. PATLE, Presiding Officer
ubZ fnYyh] 27 tqykbZ] 2015
dkñvkñ 1535-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk
14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj esllZ ykbZQ ba';ksjsUl
dkWjiksjs'ku vkWQ bafM;k ds izca/kra= ds lac) fu;kstdksa vkSj muds
deZdkjksa ds chp] vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh;
ljdkj vkS|ksfxd vf/kdj.k ,oa Je U;k;y;] tcyiqj ds iapkV
¼lanHkZ la[;k 32@2006½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj
dks 21@07@2015 dks izkIr gqvk FkkA
[lañ ,y&17012@11@2006&vkbZ vkj ¼,e½]
uohu dwij] voj lfpo
New Delhi, the 27th July, 2015
S.O. 1535.—In pursuance of Section 17 of the Industrial
Disputes Act, 1947 (14 of 1947), the Central Government
hereby publishes the award (Ref. No. 32/2006) of the Central
Government Industrial Tribunal/Labour Court, Jabalpur now
as shown in the Annexure in the Industrial Dispute between
the employers in relation to the management of M/s. LIC of
India and their workman, which was received by the Central
Government on 21/07/2015.
[No. L-17012/11/2006-IR(M)]
NAVEEN KAPOOR, Under Secy.
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT
INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,
JABALPUR
NO. CGIT/LC/R/32/2006
Shri Kamla Lakhera,
S/o Shri Urmila Prasad Lakhera,
Dalibaba Chowraha, Kolan Mohalla,
Satna (MP)
......Workman
Versus
Sr. Mandal Manager,
LIC of India.
Mandal Office,
Krishna Complex,
Krishna Nagar,
Satna (MP)
.....Management
[Hkkx II—[k.M 3 (ii)]
Hkkjr dk jkti= % vxLr 1] [email protected] 10] 1937
3243
AWARD
Passed on this 8th day of the July, 2015
1. As per letter dated 20-7-06 by the Government of
India, Ministry of Labour, New Delhi, the reference is
received. The reference is made to this Tribunal under
Section-10 of I.D. Act, 1947 as per Notification No. L-17012/
11/2006-IR(M). The dispute under reference relates to:
"Whether the action of the management of
Sr. Divisional Manager, LIC of India, Divisional Office,
Satna MP in not regularizing the services and
terminating Shri Kamala Lakhera S/o Shri Urmila
Prasad Lakhera, Daily rated workman after working
from October, 99 to year 2001 is legal? If not, to what
relief the concerned workman is entitled?'
2. After receiving reference, notices were issued to the
parties. Workman submitted statement of claim at Page 4/1
to 4/4. Case of Ist party workman is that he was working
with 2nd party continuously from October, 99 to 2001 as
peon. He was paid salary at end of the month from District
Office. His service record was unblemished. His services
were terminated by Sr. Divisional Manager. Workman further
submits as per provisions under ID Act After continuous
working for period more than six months, employee gets
status of permanent employee. On such ground, workman
prays for his reinstatement with backwages.
3. 2nd party filed Written Statement at page 7/1 to 7/3
opposing claim of the workman. 2nd party denies that
workman was continuously working for more than 240 days.
There was not point of compliance of Section 25-F,G,H of
ID Act. Violation of Rules 77,78 of ID Rules is denied. It is
reiterated that workman is not entitled to any relief.
Workman was engaged as waterman for 85 days, workman
did not work continuously from 99 to 2001 claimed by
workman. That appointment of staff is made as per
directions from office of Mumbai. Workman was not
appointed as employee of 2nd party. It is submitted that
claim of workman be dismissed with cost of Rs. 5000.
4. Workman filed rejoinder at Page 8 reiterating his
contentions in statement of claim.
5. Considering pleadings on record, the points which
arise for my consideration and termination are as under.
My findings are recorded against each of them for the
reasons as below:—
(i)
Whether the action of the
In Negative
management of Sr. Divisional
Manager, LIC of India, Divisional
Office, Satna MP in not
regularizing the services and
terminating Shri Kamla Lakhera
S/o Shri Urmila Prasad Lakhera,
Daily rated workman after
working from October, 99 to year
2001 is legal?
(ii)
If not, what relief the
As per final order.
workman is entitled to?"
REASONS
6. Ist party workman is challenging termination for
violation of Section 25-F, G,H of ID Act. That he was
continuously working with 2nd party from October, 99 to
2001. He completed more than 240 days continuous service.
His services were terminated without notice. No
retrenchment compensation was paid to him. 2nd party
denied all above material contentions of workman.
7. Workman filed affidavit of his evidence supporting
his contentions in statement of claim that he was
continuously working with 2nd party as peon from October,
99 to 2001. He worked more than 240 days during each of
the year he was paid wages under voucher but his signature
were not taken on payment voucher. Payment voucher was
many times written in name of other persons. His attendance
was recorded on muster roll. His services were orally
terminated without paying retrenchment compensation. 2nd
party has failed to produce documents as per application
submitted by workman. Workman was granted permission
to adduce secondary evidence. Documents Exhibit W-1/1
to 21, W-2/1 to 3 are admitted in evidence. Workman in his
cross-examination says he passed 9th standard. He was
unable to tell year of passing. That he joined service at age
of 17 years. His elder brother Shri R.K. Singh is working in
LIC. On his recommendations, he was appointed. He was
orally interviewed. Appointment letter was not given to
him. He was working as peon. The post was not advertised.
Initially he was paid Rs. 50 per day. He denies that document
Exhibit W-1/1 to W-1/21 produced by him is copy of Page
132 of Budget Register. He admits that he produced pages
of budget register in which his name were recorded.
Documents were given to him by Shri Ramesh Soni. He
admits that on Exhibit W-2, signature of any officer or the
workman himself are not appearing. W-2 doesnot bear name
of LIC or its office seal. He admits that he was working in
name of other persons. He was signing in his name while
accepting the payments. He did not oppose it apprehending
that he may be discontinued. Workman denies that he was
not working with 2nd party. In Exhibit W-1/1 to 1/21
produced by workman, his name is appearing at entry dated
4-5-98, 6-11-99, 20-11-99, 22-11-99, 18-12-99, 4-12-99,
25-1-00, 31-1-00, 7-2-00, 9-2-00, 17-2-00 and several entries
are found in W-1/1 to 1/29. Entries are also appearing in
3244
THE GAZETTE OF INDIA : AUGUST 1, 2015/SRAVANA 10, 1937
[PART II—SEC. 3 (ii)]
name of Kanal Kumar, Tarun Kumar, Sandeep Kumar, Amit
Kumar, Kavi Kumar, Kavindra Kumar, Ram Kumar. From
entries in name of other persons appearing in above
documents cannot be said that workman was working in
name of all those persons. However the claim of Ist party
that he was working with 2nd party from October, 99 to
2001 is supported by those documents. In Exhibit W-2/1 to
3, his name is appearing. Evidence of workman is
corroborated by those documents.
8. Management's witness Vivek Kumar filed affidavit of
evidence supporting contentions of management.
Management's witness says that workman did not work
with 2nd party during 99 to 2001. The claim of workman is
false. However in his cross-examination, management's
witness says that signatures of daily wagers are taken in
Attendance Register, payment is made by voucher.
Attendance of permanent employee and daily wage
employee is separately maintained. 2nd party has not
produced payment vouchers. attendance register. The
witness of management explained that the documents were
destroyed. The documents produced by 2nd party shows
that documents are destroyed in the year 2008 whereas
dispute was raised by Ist party in 2005. The application for
production of document was submitted in 2007. In
Statement of claim filed on 3-8-06, workman had requested
production of documents of Attendance Register, Budget
control register. Despite 2nd having knowledge, documents
were destroyed without obtaining permission of this
Tribunal Therefore permission was granted to adduce
secondary evidence. The genuineness of document
produced by workman Exhibit W-1/1 to 1/21, W-2/1 to 2/3
is shattered. In cross-examination of workman, nothing is
brought on the record except that Exhibit W-2/1 to 2/3 is
not bearing office seal or signature of the officer. When
2nd party has destroyed documents without permission of
court evenafter having knowledge of present reference
pending before this Tribunal, I do not find reason to
disbelieve evidence of workman that he was continuously
working from October, 99 to 2001. He completed 240 days
continuous service. Workman was not served with notice,
he was not paid retrenchment compensation before
termination of service therefore termination of service of
workman is in violation of Section 25-F of ID Act. I record
my finding in Point No. 1 in Negative.
9. Point No. 2- Termination of service of workman is
illegal for violation of Section 25-F of ID Act as per my
finding in Point No. 1, question remains to be decided
whether workman is entitled for reinstatement with
backwages. Workman has worked for about 2 years with
2nd party. His services are terminated in violation of Section
25-F of ID Act.
10. Learned counsel for Ist party workman Shri Aditya
Ahiwasi relies on ratio held in—
In Case of Director of Horticulature and another versus
Shri H.A. Kumar reported in 2014(13)SCC-746. Their
Lordship dealing with non-compliance of Section 25-F.
Workman working more than 240 in a year preceding his
termination and not given notice nor retrenchment
compensation. Their Lordship held no interference with
impugned order directing his reinstatement without any
back wages called for.
In case of Harjinder Singh versus Punjab State
Warehousing Corporation reported in 2010(3) SCC 192.
Their lordship considering employment in public sector
undertaking challenge to validity/legality of initial
appointment need to raise pleading regarding at the earliest
opportunity. The award of Labour Court for reinstatement
with 50% back wages was upheld by this Lordship.
The facts of the present case are not comparable. From
reading of Para-2 of above cited judgement, it is clear that
appellant workman was employed in service of Punjab Ware
Housing Corporation w.e.f. 5-3-86, after 7 months, the
executive Engineer of Corporation issued order dated
3-10-86 appointing him as Work Munshi in the pay scale of
350-525.
In present case, the workman was not appointed on pay
scale, rather the workman was working on daily wages for
about 2 year. The ratio held in the case cannot be applied in
this case.
In case of Krishan Singh versus Executive Engineer,
Haryana State Agricultural Marketing Board, Rohtak,
Haryana reported in 2010(3) SCC-637. Their Lordship
dealing with Section 25-F of ID Act daily wager terminated
orally without compliance with Section 25-F of ID Act. The
Labour Court award for reinstatement with 50% backwages.
Hon'ble High Court stayed directing payment of
compensation Rs. 50,000. Their Lordship held as no plea
regarding validity of appointment was raised before Labour
Court, High Court should not have modified award of Labour
Court. High Court should not have modified award.
No point about legality of appointment of workman is
involved in this case. Workman was working on daily
wages. The ratio cannot be applied to present case.
11. Learned counsel for 2nd party Shri Aditya Singh
relies on ratio held in.
Case of Mackinnon Mackenzie and company Ltd
versus Mackinnon Employees Union reported in 2015(4)
SCC-544. On the point of Section 25-F the condition
precedent and its non-compliance.
In present case, the evidence of management's witness
is clear that workman was not served with notice,
[Hkkx II—[k.M 3 (ii)]
Hkkjr dk jkti= % vxLr 1] [email protected] 10] 1937
3245
retrenchment compensation was not paid to him. The
termination of workman is apparently illegal.
In case of Assistant Engineer, Rajasthan Development
Corporation and another versus Gitam Singh reported in
2013(5) SCC-136. Their Lordship dealing with violation of
Section 25-F of ID Act w.r.t. wrongful termination of daily
rated workman held compensation and not reinstatement.
Factors to be taken into account while granting relief
Distinction should be drawn between daily rated worker
and worker holding regular post. Service of a daily wager
who worked for short period of 240 days only terminated in
violation of Section 25-F. Award of Labour Court directing
reinstatement with continuity of service with 50%
backwages was not interfered by Division bench of
High Court. Their Lordship held the exercise of jurisdiction
suffers from serious infirmity and awarded 50,000
compensation.
The present case is squarely covered by ratio held in
above cited case. As workman was working on daily wages
for about 2 years, compensation Rs. 60,000 would be
reasonable.
12. In the result, award is passed as under:—
(1) The action of the management of Sr. Divisional
Manager, LIC of India, Divisional Office, Satna
MP in not regularizing the services and
terminating Shri Kamla Lakhera S/o Shri Urmila
Prasad Lakhera, Daily rated workman after working
from October, 99 to year 2001 is not legal.
(2) 2nd party is directed to pay compensation
Rs. 60,000 to the workman.
Amount as per above order shall be paid to
workman within 30 days from the date of
notification of award. In case of default, amount
shall carry 9% interest per annum from the date of
award till its realization.
R. B. PATLE, Presiding Officer
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New Delhi, the 27th July, 2015
S.O. 1536.—In pursuance of Section 17 of the
Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. 34, 35/
2014) of the Central Government Industrial Tribunal-cum-
Labour Court, Chennai now as shown in the Annexure in
the Industrial Dispute between the employers in relation
to the management of M/s Bhadra International India
Private Ltd. and their workmen, which was received by
the Central Government on 21/07/2015.
[No. L-11011/15/2013-IR(M),
No. L-11011/16/2013-IR(M)]
NAVEEN KAPOOR, Under Secy.
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT
INDUSTRIAL TRIBUNAL-CUM-LABOUR
COURT CHENNAI
Thursday, the 25th June, 2015
Present :
K. P. PRASANNA KUMARI,
Presiding Officer
Industrial Dispute Nos. 34/2014 and 35/2014
(In the matter of the dispute for adjudication under
clause (d) of sub-section (1) and sub-section 2(A) of Section
10 of the Industrial Disputes Act, 1947 (14 of 1947), between
the Management of Bhadra International India Private Ltd.
and their workman)
BETWEEN
The General Secretary
: 1st Party/Petitioner
Airport Authority of India
Union
Bhadra Employees Union,
K.T.K. Thangamani Illam,
2/1, Kovoor Vaidyanathan Street,
Chinthadripet
Chennai-600002
AND
The Management
:
Bhadra International India Private Limited
2nd Part/
Cargo Complex, Airport Authority of India
Respendent
Menambakkam
Chennai-600027
Appearance:
For the 1st Party/Petitioner Union: M/s Balan
Haridas,
Advocates
For the 2nd Party/Respondent
: Sri N. Vijayakumar,
Advocate
3246
THE GAZETTE OF INDIA : AUGUST 1, 2015/SRAVANA 10, 1937
[PART II—SEC. 3 (ii)]
COMMON AWARD
The Central Government, Ministry of Labour &
Employment referred the IDs mentioned above to the
Industrial Tribunal, Chennai for adjudication. The IDs were
numbered as ID 34/2014 and 35/2014 respectively. In all the
IDs the parties have entered appearance through the
counsel and filed claim and counter statement respectively.
2. The schedule mentioned in the orders of reference in
the above IDs are as under:
ID 34/2014
"Whether the action of the management of M/s
Bhadra International (India) Pvt. Ltd. regarding non-
payment of Bonus for the year 2012-13 to their
employees is justified? If not, to what relief the
employees are entitled?"
ID 35/2014
"Whether the action of the management of M/s
Bhadra International (India) Pvt. Ltd. regarding non-
payment of Bonus for the year 2010-2011 & 2011-
2012 is justified? If not, to what relief the employees
are entitled?"
4. The averments in the Claim Statement in ID 34/2014
are as below:
The workman employed by the Respondent in Chennai
Airport for loading and unloading cargo are members of
the Petitioner Union. There are about 1800 workers
employed in this manner. Majority of the workers are
members of the Petitioner Union. The Respondent
establishment has been in existence for more than 14 years.
The Respondent had taken over the entire ground handling
operation including the cargo loading and unloading at
Chennai Airport from November, 2010. The workers
engaged in cargo loading and unloading with other
contractors were taken over by the Respondent. The
Respondent is making huge profit every year. However,
the Respondent has not paid bonus to the employees,
though earlier Contractors have paid bonus. The Petitioner
Union made a demand for payment of bonus @ 20% for the
year 2012-2013. However, this was not considered by the
Respondent. The dispute is raised accordingly. The
Respondent is a private limited company incorporated in
the year 2000. It is in business from October, 2000. The
Respondent is illegally withholding bonus payable to the
members of the Petitioner Union. An award may be passed
holding that the Respondent is liable to pay bonus to its
workmen engaged in the work of handling cargo loading
and unloading in Chennai Airport for the year 2012-2013.
5. The Respondent has filed Counter Statement
contending as below:
The Respondent Company being in infancy period it is
covered under Section 16(1A) and 16 (1B) of the Bonus
Act. The Repondent had commenced rendering services
in the aviation ground handling activities in Chennai Airport
only from December, 2010 in the Export (Cargo) Division of
Airports Authority of India. The first invoice of the
Respondent was raised on 31.01.2011 only. The
Respondent did not derive any profit during the last four
accounting years from the date of first invoice raised by
the Respondent Company. The Respondent not only operates
on cargo loading and unloading but also operates on ground
handling/ramp handling/traffic handling services for
S.
I.D.
Reference No.
Name of the
Name of the
Appearance
Apperance
No.
No.
& Date
I Party
II Party
for
for
S/Sri
Workman
Respondent
1.
34/2014
L-11011/15/2013-IR
The General
The Management
M/s Balan
Sri N.
(M) dated 31.03.2014
Secretary, AAI
Bhadra
Haridas
Vijaya Kumar
Bhadra
International
Employees Union,
India Private
K.T.K.
Limited,
Thangamani Illam,
Cargo Complex,
2/1 Kovoor
Airport Authority
Vaidyanathan
of India,
Street,
Meenambakkam
Chintadripet
Chennai-600027
Chennai-2
2.
35/2014
L-11011/16/2013-IR
The General
The Management
M/s Balan
Shri N. Vijay Kumar
(M) dated 03.04.2014
Secretary, AAI
Bhadra
Haridas
Bhadra
International
Employees Union,
India Private
K.T.K.
Limited,
Thangamani Illam,
Cargo Complex,
2/1 Kovoor
Airport Authority
Vaidyanathan
of India,
Street, Chintadripet
Meenambakkam
Chennai-2
Chennai-600027
[Hkkx II—[k.M 3 (ii)]
Hkkjr dk jkti= % vxLr 1] [email protected] 10] 1937
3247
aircrafts. The Respondent has incurred huge sum of money
in importing the most modern state-of-the-art
machineries and equipments. Being in an infant stage it
could not make any profit. The petitioner is not entitled
to any relief.
6. The Petitioner in ID 34/2014 is the petitioner in
ID 35/2014 also. The averments in the Claim Statement in
this are similar to that of ID 34/2014 except for the fact that
by this ID the petitoner is claiming bonus for the Financial
Years 2010-2011 and 2011-2012. The Respondent has filed
Counter Statement raising contentions similar to that in
ID 34/2014. The rejoinder filed also is similar to that in
ID 34/2014.
6. The two cases were tried jointly as the isues involved
are similar and the parties are the same. Evidence was
recorded in ID 34/2014, treating it as the main cases. The
evidence consists of oral evidence of WW1 and MW1 and
documents marked as Ext. M1 to Ext. M17.
7. The points for consideration in the two cases are:
(i) Whether the members of the Petitioner Union are
entitled to bonus for the Financial Years 2010-
2011, 2011-2012 and 2012-2013 from the
Respondent?
(ii) What are the reliefs if any to which the petitioner
is entitled in the IDs?
The Points
8. The petitioner is a Trade Union, the members of
which are doing the work of loading and unloading cargo
in Chennai Airport as employees of the Respondent. It is
claimed by the petitioner that the members of the
Petitioner Union have been engaged in loading and
unloading work at Chennai Airport for more than 10-15
years continuously. According to the petitioner the
Airports Authority of India have decided to entrust the
entire ground handling services to one single provider and
accordingly had engaged the Respondent as Contractor
for all the major Airports in India. The Respondent
Company is said to have been in existence for more than
14 years. They have taken over the ground handling
operation including cargo loading and unloading at
Chennai Airport from November 2010. The workers who
were already doing the work of loading and unloading in
Chennai Airport under other Contractors are said to have
been engaged by the Respondent after contract for the
service was given to it in 2010. According to the petitioner
the Respondent has been making huge profit, but in spite
of this it has resused to pay any bonus to its workers after
the work of loading and unloading was entrusted to it.
9. It could be seen from the Counter Statement of the
Respondent in both cases that the Respondent is taking
shelter under Section 16 (1A) and 16(1B) of the Bonus
Act to escape payment of bonus to workers.
10. It is not in dispute that the work at Chennai Airport
was taken over by the Respondent only in the year 2010.
However, the Respondent Company was established in the
year 2000. The case of the Respondent is that it
commenced its operations in Chennai Airport only in the
year 2010 and has not been able to derive any profit after
it started its operation and therefore it is entitled to the
protection under Section 16 (1A) and Section-16(1B) of
the Bonus Act.
11. The counsel for the Respondent relief upon two
decisions of the Apex Court in support of the case that in
the absence of deriving any profit a Company is not, liable
to pay bonus to its employees. As per Section 16(1A & 1B)
of the Bonus Act if an establishment is newly set up the
employees of such establishment will be entitled to be paid
bonus only from the accounting year in which the employer
derived profit from the establishment or from the sixth
accounting year following the accounting year during
which the employer sells the goods produced or
manufactured by him or renders services as the case may
be, from such establishment, whichever is earlier. In the
decision in Madhaorao and others Vs. State of Maharashtra
reported in 1971 1 SCC 542 the Apex Court has held that
Alloy Steel Project is an establishment newly set up for the
purpose of Section 16(1) of the Act and the exemption
claimed for payment of bonus could be fully justified. In
the above case the workers have contended that the Alloy
Steel Project is controlled by Hindustan Steel Ltd. and
therefore the exemption would not apply. The decision was
on the basis of Section-16(2) of the Act which states that
the provisions of Sub-Section (1) of Section 16 are to apply
even to new departments, undertakings, branches set up
by existing establishments. Alloy Steel Project was treated
as a separate establishment as contemplated under Section
16(2) of the Act and thus it would found to be entitled to
the exemption. The other decision relief upon by the
Respondent is the Workmen of Hmt and Another Vs.
Presiding Officer, National Tribunal, Calcutta And Another
reported in 1973 2 SCC 277. It was a case where the workers
had claimed that they are entitled to minimum bonus in
spite of protection given under Section 16 of the Bonus
Act. The Apex Court has held that Section 16(1) gives a
total exemption to the establishments in the circumstances
mentioned therein from payment of bonus which included
minimum bonus also. It was further held that when the
Section says that when an employee of the establishment
referred to in the Section shall be entitled to be paid bonus
under the Act only if the conditions mentioned therein are
satisfied and it is idle to contend that notwithstanding the
exemption granted under Section 16 the establishment
referred to therein is still bound to pay minimum bonus.
The Apex Court has further observed that if Section 16(1)
applies however hard the result may be Section 10 will not
entitle an employee even to get the minimum bonus under
Section 10 of the Act.
12. The attempt of the counsel for the petitioner has
been to make out that the Respondent is not a Company
3248
THE GAZETTE OF INDIA : AUGUST 1, 2015/SRAVANA 10, 1937
[PART II—SEC. 3 (ii)]
which has commenced its operations newly and is
therefore not entitled to the protection under Section
16(1) of the Bonus Act. According to the counsel the
Respondent Company having been established in the year
2000 itself it is not entitled to claim the protection. Again,
according to the counsel the Respondent has not
established that the company has not derived profit after
it started its operation in Chennai Airport in the year 2010.
The counsel for the Respondent has referred to the
decision of the Karnataka High Court in Workman of
Hindustan Machine Tools Ltd. Vs. Hmt Ltd. Reported In
CDJ 2991 KAR 372 wherein the Decision in Alloy Steel
Project referred to earlier was distinguished. The High
Court has observed that the Watch Case Division started
by Hindustan Machine Tools was not doing any
independent business in the newly created establishment
but only manufacturing special watch cases for the main
factory and has no separate existence. It was held that in
such cases the establishment is also liable to pay bonus
irrespective of the circumstances if it makes profit or
not, if the circumstances made mention in the proviso exists.
13. The Respondent has no case that establishment at
Chennai is a separate one different and distinct of the main
establishment. It does not have even a case that it has a
main establishment and its operation at Chennai is as if it
is a new department or an establishment unconnected to
the main establishment. The only contention raised by the
Respondent is that it started its operation only in the year
2010, that 6 years has not elapsed after it started its
operation that it die not derive any profit so far and
therefore it is entitled to the benefit of Section 16(1A)
and (1B) of the Bonus Act. It is not in dispute that the
Respondent Company was established in the year 2000.
MW1 has stated during cross-examination that the
Respondent Corporation was incorporated under the
Companies Act in the year 2000. The only contention is
that operation at Chennai was started only in 2010, the
profit was not derived so far and therefore Bonus is not
payable by it. As per Section 3 of the Bonus Act an
establishment include departments, undertakings and
branches where an establishment consists of different
departments or undertakings or has branches situated in
the same place or in different places and all such
departments or undertakings or branches shall be treated
as part of the same establishment for the purpose of
computation of bonus. The exemption is that where for
any accounting year a separate balance sheet and profit
and loss account are prepared and maintained in respect
of any such department or undertaking or any branch, then
such department or undertaking or branch shall be treated
as a separate establishment for the purpose of computation
of bonus unless such department or undertaking or branch
was immediately before the commencement of the
accounting year treated as part of the establishment for
the purpose of computation of bonus.
14. The Respondent has no case that a separate balance
sheet and profit and loss account are prepared and
maintained in respect of the operation at Chennai Airport.
Its case is that it was given license for operation alongwith
another establishment at Chennai and Kolkata and this
operation was started only in the year 2010. It was because
operation is claimed to have been started in the year 2010
the Respondent is claiming exemption for payment of bonus
under Section 16 (1A and 1B) of the Act. The stand of the
petitioner is that the establishemnt having been
incorporated under the Companies Act in the year 2000 the
Respondent is not entitled to claim the exemption at all.
The Respondent being the one who is claiming the
exemption it is upon the Respondent to establish that even
though their Company was incorporated in the year 2000 it
started its operation only in the year 2010.
15. A perusal of the oral evidence and the documents
produced by the Respondent would show that they have
not succeeded in discharging the burden of proving that
they are entitled to the exemption claimed. The Chief
Financial Oficer of the Respondent Company has been
examined as MW1. This witness has stated during cross-
examination that after incorporation of the company in the
year 2000 the Company has been submitting Profit and
Loss Account and balance sheet to the registrar of
companies every year. The balance sheet of the Financial
Years 2010-2011, 2011-2012 and 2012-2013, the years
pertaining to which claim is made only are produced by the
Respondent. Even these documents marked as Ext.M1 to
Ext.M3 are not complete even as admitted by MW1, as
they are not accompanied by annexure. The witness has
stated that copies of the Profit and Loss Account and
balance sheet of the other years can also be obtained and
produced. However, these documents were not produced.
According to MW1 himself the above documents would
have shown the nature of transaction of the Respondent
during the period. Later he had stated that the Company
was not doing any business from 2000 to 2009. He has
stated that as per Ext. M1 there was profit for the year 2010-
2011 but there was loss during the years 2011-2012 and
2012-2013. It is clear from the admission of MW1 that Profit
and Loss Account and balance sheet were being submitted
to the Registrar every year from the date of incorporation
of the Company. Only if the documents are available it
could be seen if the case of the Respondent that they were
not doing any business until 2010 is correct or not. So an
adverse inference has to be drawn against the Respondent.
16. Ext. M1 to Ext.M8, as stated, are the balance sheet
and Profit and Loss Account for the three financial years
respectively for which bonus is claimed. Page 3 of
Ext.M1 shows balance sheet as on March 31, 2011. Apart from
showing the account as on 31.3.2011, the last column of
the page shows the account as on 31.3.2010. Against the
column for Profit and Loss Account the amount shown as
[Hkkx II—[k.M 3 (ii)]
Hkkjr dk jkti= % vxLr 1] [email protected] 10] 1937
3249
on 31.03.2011 is above Rs. 1,36,00,000 while as on
31.3.2010 the amount shown is above Rs. 1,60,00,000/-.
This also raised doubt regarding the contention of the
Respondent that no business was carried out before 2010.
It was for the Management to clear the doubt by producing
all the required documents and proving that it was not
carrying out any business before 2010 when it started
operation at Chennai. The Respondent has not produced
any document other than Ext.M1 to Ext.M3 regarding its
operation after its incorporation. This calls for an adverse
inference against the Respondent as already stated. The
Respondent is to be treated as Company which has started
its operation immediately after its incorporation or at least
much before it started its operation at Chennai. So the
Respondent is not entitled to the exemption provided
under Section 16(1A) and Section 16(1B) of the Bonus
Act. It is liable to pay bonus to the workmen. The workmen
who had been working with the Respondent for the
Financial Years 2010-2011, 2011-2012 and 2012-2013
are entitled to get bonus from the Respondent.
Accordingly an award is passed as follows:
"In ID 34/2014 the Respondent is directed to pay
bonus to the workers for the Financial Year 2012-
2013 within a month of the publication of the award".
In ID 35/2014 the Respondent is directed to pay
bonus to the workers for the Financial Years 2010-
2011 and 2011-2012 within a month of the publication
of the award".
In case of default in payment within the prescribed
period the amount will carry interest @ 9% per annum from
the date of publication of the award. An award is passed
accordingly.
K.P. PRASANNA KUMARI, Presiding Officer
Witnesses Examined:
For the 1st Party/Petitioner
: WW1, Sri K.
Shanmuganathan
For the 2nd Party/Management
: MW1, Sri Vipin
Mahajan
Documents Marked:
On the petitioner's side
Ex.No.
Date
Description
Nil
On the Management's side
Ex.No.
Date
Description
Ex.M1
—
Balalnce Sheet/P&L Account for
the year 2010-2011 together with
calculation of profit as per Bonus
Act
Ex. M2
—
Balance Sheet/P&L Account for
the year 2011-2012 together with
calculation of profit as per Bonus
Act
Ex.M3
—
Balance—Sheet/P&L Account for
the year 2012-2013 together with
calculation of profit as per Bonus
Act
Ex. M4
—
Form A and Form B under Bonus
Act 1965
Ex.M5
—
An array of invoices raised by R-2
on the petitioner to bear the
demurrage charges to be borne by
Petitioner due to the strike by GHA
workers of Petitioner on various
dates amounting to Rs. 47,85,256-
Ex.M6
—
An array of claims made on the
petitioner by Lufthansa Airlines for
the loss sustaining by them due to
strike by GHA workers of the
petitioner amounting to Rs. 1,48,707/-
and Rs. 1,45,261/- for the months of
January 2013 and February 2013
respectively
Ex.M7
09.09.2009
Award of License granted by AAI
to the Respondent Company
Ex.M8
18.10.2010
Certificate of Award of Licence
wherein the AAI acknowledged the
validity of the consortium between
M/s Novia International APS,
Denmark and the Respondent
Company
Ex.M9
31.01.2011
Invoice No. 2010-11/MAA-01/01
raised on Pacific Logistics P. Ltd.—
First Invoice
Ex.M10
10.01.2013
"The Hindu"—Press Clipping—
Cargo workers of the petitioner go
on indefinite strike
Ex.M11
12.01.2013
Press Clipping from TNN—Cargo
piles up at airport due to worker's
strike
Ex.M12
14.01.2013
Press Clipping titled—Chennai's air
cargo faces backlog as handlers
strike indefinitely
Ex.M13 22.01.2013 Press Clipping—Reporting that the
union of cargo workers of the
Petitioner company have called off
strike
Ex.M14 23.01.2013 Letter AAI bringing to the attention
of the petitioner warning that the
flash strike by the ground-handling
services employees of petitioner
amounts to breach of agreement
3250
THE GAZETTE OF INDIA : AUGUST 1, 2015/SRAVANA 10, 1937
[PART II—SEC. 3 (ii)]
Ex.M15 22.02.2013 Show Cause Notice from AAI to
the petitioner in regard to the
series of strike held by GHA on
1
4
t
h
/
15th May 2012 on 01.06.2012,
09.01.2013 to 15.01.2013, 20.02.2013
and 21.02.2013—calling for
explanation
Ex.M16 01.05.2013 Show-case notice issued by AAI-
disruption in cargo operations since
26.04.2013 and drawing the
petitioner's attention to the fact that
cargo operations have come to a
grinding halt on 01.05.2013
Ex.M17
08.08.2013
Letter from AAI enclosing legal
notice dated 05.08.2013 received
from Qatar airways claiming
demurrage charges and the
statement of losses suffered by
Qatar Airways
ubZ fnYyh] 27 tqykbZ] 2015
dkñvkñ 1537.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk
14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj esllZ ,lñdsñ
ekcZy ,.M feujYl ds izca/kra= ds lac) fu;kstdksa vkSj muds
deZdkjksa ds chp] vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh;
ljdkj vkS|ksfxd vf/kdj.k ,oa Je U;k;ky;] t;iqj ds iapkV
¼lanHkZ la[;k 39@2014½ dks izdkf'kr djrh gS tks dsUnzh; ljdkj
dks 21@07@2015 dks izkIr gqvk FkkA
[lañ ,y&29012@37@2013&vkbZ vkj ¼,e½]
uohu diwj] voj lfpo
New Delhi, the 27th July, 2015
S.O. 1537.—In pursuance of Section 17 of the Industrial
Disputes Act, 1947 (14 of 1947), the Central Government
hereby publishes the Award (Ref.. No. 39/2014) of the
Central Government Industrial Tribunal / Labour Court,
Jaipur now as shown in the Annexure in the Industrial
Dispute between the employers in relation to the
management of M/s S.K. Marble & Minerals and their
workman, which was received by the Central Government
on 21/07/2015.
[No. L-29012/37/2013-IR(M)]
NAVEEN KAPOOR, Under Secy.
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL
CUM LABOUR COURT, JAIPUR
BHARAT PANDEY,
Presiding Officer
I.D. 39/2014
Reference No. L-29012/37/2013-IR(M)
dated: 21.4.2014
Shri Jeevraj (Jeeva)
S/o Sh. Bada Baranda
R/o Vill.-Jhakol
Post-Peeplada
Distt.-Dungarpur (Raj.)
V/s
Shri Noor Mohammad
Prof. M/s. S.K. Marble & Minerals
5/174, New Housing Board,
Opp. Modern School,
Dungarpur (Raj.).
AWARD
30.4.2015
1. The Central Government in exercise of the powers
conferred under clause (d) of Sub-section 1 & 2(A) of
Section 10 of the Industrial Disputes Act 1947 has referred
the following Industrial dispute to this tribunal for
adjudication:—
"Whether the action of the management of M/s S.K.
Mineral & Marbles, Dungarpur in terminating the
services of Sh. Jeevraj (Jeeva) S/o Sh. Bada Baranda
w.e.f. 11.4.2012 and non-payment of wages of
Rs. 37,000 is justified? If not, what relief the workman
is entitled to?"
2. Pursuant to the receipt of the reference order,
registered notices were issued to both the parties as per
the order of the tribunal dated 23.5.2014 fixing 21.7.2014 for
filing statement of claim. On 21.7.2014 none was present
from both the side & learned advocates were on strike.
Notices sent were not returned back but acknowledgement
was also not received back. Next date 20.8.2014 was fixef
for further order. On 20.8.2014 again both the parties were
absent & learned advocate were on strike & the Presiding
Officer was on leave, hence, 15.9.2014 was next date fixed.
As notices were not returned back hence, in order to ensure
that notices were served upon both the parties, order was
passed to write letter to the post master whether notices
have been delivered to the addressee's or not & next date
28.10.2014 was fixed. Order was also passed on 15.9.2014
to sent fresh notices to both the parties for 28.102014. On
28.10.2014 none was present from both the side, next
date 11.11.2014 was fixed for further order. On
11.11.2014 again none appeared from both the side. Notice
sent for the second time to the opposite party Sh. Noor
Mohammad returned with endorsement that his house was
found locked on repeated visits by postman due to which
notice is returned back. Thus, notice sent to Sh. Noor
Mohammad is back ont he record. Notice sent for the
second time to the applicant also has not returned again.
Order was passed on 11.11.2014 to send letter to the post office
fixing 1.12.2014. On 1.12.2014 none appeared from both the
side & the presiding officer was on leave hence, next date
29.1.2015 was fixed. On 29.1.2015 also both the parties were
[Hkkx II—[k.M 3 (ii)]
Hkkjr dk jkti= % vxLr 1] [email protected] 10] 1937
3251
absent & the presiding officer was on leave. Next date
27.4.2015 was fixed for further order. Letter sent to post
office on 3.12.2014 was not replied by post office.
3. On 27.4.2015 none appeared from both the side &
presiding officer was on leave. 29.4.2015 was next date
fixed for further order. On 29.4.2015 also none appeared
from both the side. No statement of claim was filed by
applicant despite twice service against the applicant.
Conceiving the fact that despite service twice against the
applicant, applicant is not interested in submitting
statement of claim further proceeding in the case was
stopped on 29.4.2015 & the case was reserved for award.
4. It is pertinent to note that on 21.4.2014 reference order
was sent by Ministry to applicant with direction to file
statement of claim within 15 days from the date of receipt
of reference. Applicant has neither filed statement of claim
on the direction of Ministry nor on the notice of the tribunal
which has been sent twice to the applicant. The applicant
was under an obligation to file statement of claim after
receipt of notice from Ministry even without any notice
from the tribunal. Notices sent by the tribunal also has
failed to secure positive response from applicant in filing
statement of claim. It appears that applicant is not interested
& willing to submit the statement of claim for
adjudication.In the circumstances & in the absence of
statement of claim & material evidence brought on record
by the applicant, tribunal is unable to record the finding on
the issues referred to it on merit. Accordingly, "No Claim
Award" is passed in this matter. The reference under
adjudication is answered accordingly.
5. Award as above.
BHARAT PANDEY, Presiding Officer
ubZ fnYyh] 27 tqykbZ] 2015
dk-vk- 1538-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk
14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj esllZ fgUnqLrku ftad
fyfeVsM ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp]
vuqca/k esa fufnZ"V vkS|ksfxd fookn esa vkS|ksfxd U;k;kf/kdj.k] t;iqj
ds iapkV ¼lanHkZ la[;k 1@99½ dks izdkf'kr djrh gS] tks dsUnzh;
ljdkj dks 21@07@2015 dks izkIr gqvk FkkA
[lañ ,y&43012@13@1994&vkbZ vkj ¼,e½]
uohu diwj] voj lfpo
New Delhi, the 27th July, 2015
S.O. 1538.—n pursuance of Section 17 of the
Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 1/99)
of the Industrial Tribunal, Jaipur now as shown in the
Annexure, in the Industrial Dispute between the
employers in relation to the management of M/s.
Hindustan Zinc Limited and their workman, which was
received by the Central Government on 21/07/2015.
[No. L-43012/13/1994-IR(M)]
NAVEEN KAPOOR, Under Secy.
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vuqlwph dk fookn vf/kfu.kZ; gsrq bl vf/kdj.k dks fnukad
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ftad fyñ] jkeiqjk vaxqpk ekbZUl] ds }kjk Jh c'khj ekSgEen 'ks[k]
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esgur o bZekunkjh ls djrk jgkA fdlh rjg dh f'kdk;r dk volj
ugha fn;k vkSj mls tks dk;Z fn;k tkrk mldks og bZekunkjh o
3252
THE GAZETTE OF INDIA : AUGUST 1, 2015/SRAVANA 10, 1937
[PART II—SEC. 3 (ii)]
larks"ktud rjhds ls fd;k djrk FkkA mi izca/kd }kjk fnukad
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larks"ktud ugha ik;s tkus ij mldh lsok;sa lekIr dh xbZ gSaA ysfdu
vxj ifjoh{kk dky lekIr gksus ls iwoZ gh fdlh Jfed dh lsok;sa
lekIr dh tkosa rks mlds laca/k esa vkjksi yxk;k tkdj mUgsa fl)
djuk vko';d gksrk gSA bl laca/k esa le>kSrk vf/kdkjh ds le{k Hkh
dk;Zokgh dh] tgka vizkFkhZ izca/kd us viuh tkap esa Jfed dks vkjksfir
fd;k] ysfdu okLrfodrk esa mldh lsok,a O;fDrxr nqHkkZouk ls izsfjr
gksdj gh fcuk cpko lQkbZ dk volj fn;s lekIr dh xbZ gSaA le>kSrk
vf/kdkjh ds le{k mlds fo#) tks vkjksi yxk;s x;s] mldk izkFkhZ
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djus ls iwoZ vizkFkhZ izca/kd dk ;g mÙkjnkf;Ro Fkk fd ofj"Brk lwph
cuk dj mldk izdk'ku djrs ysfdu bldh ikyuk ugha dj vkS|ksfxd
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vk/kkj ijA izkFkhZ }kjk fu;qfDr 'krks± dks Lo;a djus ij fu;qfDr frfFk ls
mldk inuke Vªsuh lSusVªh baLisDVj ds ctk; lsusVªh baLisDVj ekuk x;k
FkkA vU; 'krs± ;Fkkor ykxw Fkh vkSj izkFkhZ ifjoh{kk vof/k esa gh FkkA
okLro esa izkFkhZ vuqifLFkr jgrk Fkk vkSj vius dÙkZO; ds izfr mnklhu
o ykijokg ik;k x;k vkSj mls ftad fpfdRlk v/kh{kd }kjk fnukad
23-12-91 }kjk vtesj ds ekufld fpfdRlky; dks tkap gsrq jsQj
fd;k x;k FkkA izkFkhZ dks vkjksi fnukad 6-1-92 }kjk M~;wVh le; ij
ugha vkus] lQkbZ O;oLFkk o ty vkiwfrZ ds DyksjksukbZts'ku dk fu;fer
rkSj ls fujh{k.k ugha djus gsrq i= fn;k x;kA mlds fcuk lwpuk ds
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lkFk gh ;g dFku fd;k fd izkFkhZ dh fu;qfDr fnukad 31-8-92 ls lsok
lekfIr fnukad 29-2-92 rd lkIrkfgd vodk'k ek= 125 fnu FkhA
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ugha gksrs gSa vkSj var esa izkFkh dk LVsVesaV vkQ Dyse [kkfjt fd;k tkus
dh izkFkZuk dhA
6- izkFkhZ Jfed dh vksj ls fnukad 17-12-03 dks tokcqy tokc
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fu;qfDr vkns'k izkIr gksrs gh dk;Z djuk izkjEHk fd;k vkSj fnukad
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lk{kkRdkj] esfMdy pSdvi bR;kfn ds ckn ijekusaV rkSj ij rhu esa ls
,d iksLV dh xbZA ftldh dk;Zokgh ds dkxtksa dh mldh lsysjh
fLyi osru Hkqxrku dh QksVks izfr;ka is'k dh gSaA dkaVªsDV lafonk dh
'krks± ds dkxt u gh gSa] vkj,lvkj bR;kfn esa fu;ekuqlkj ,d o"kZ
dh vof/k esa 90 fnu ls vf/kd dk;Z djus okys deZdkj dk LFkkbZdj.k
dk vf/kdkj cu tkrk gS rFkk /kkjk 25thvkbZ ds varxZr fof/kor
uksfVl o pktZ'khV ugha nh xbZ gSA fnukad 8-2-92 ds i= }kjk izkFkhZ dk
dk;Z{ks= fyf[kr :i ls r; fd;k ,oa fQj Hkh dk;Z {ks= cM+k gksus ij
[Hkkx II—[k.M 3 (ii)]
Hkkjr dk jkti= % vxLr 1] [email protected] 10] 1937
3253
Hkh okgu dh lqfo/kk ugha nh xbZA izkFkhZ eu esa yxu o fu"Bk gksus ds
dkj.k fu;ksDrk dh nqHkkZouk dh vksj ls vufHkK jgkA /kkjk 25 th
vkbZ ds varxZr uksfVl@pktZ'khV ugha nh xbZA vkjksi lkfcr ugha fd;s
x;sA vkjksiksa dks lR;kfir ugha gksus fn;k x;kA eSfMdy cksMZ ls dksbZ
tkap u gksus nhA chekjh dk;Z ds vuq:i gksuk O;ogkj bR;kfn dh dksbZ
iqf"V dh ugha xbZA tkucw> dj mldh vuqifLFkfr;ka yxkbZ xbZ rFkk
Vªsfuax vof/k iw.kZ gkus rd bartkj ugha fd;k x;k vkSj ugh ifjoh{kk
dky iw.kZ gksus fn;k vkSj lsok i`Fkd dk vkns'k csd MsV esa fn;kA bl
izdkj izkFkhZ dk LVsVesaV vkQ Dyse Lohdkj fd;s tkus dh izkFkZuk
dhA
7- izkFkhZ Jfed dh vksj ls ekSf[kd lk{; esa lk{kh c'khj ekSgEen
'ks[k dks izLrqr fd;k rFkk vizkFkhZ laLFkku dh vksj ls ekSf[kd lk{; esa
iznhi dqekj ik.Ms dks izLrqr fd;k rFkk izys[kh; lk{; esa izn'kZ ,e 1
lsokeqfDr vkns'k] ?kjsyw ,oa ekufld ijs'kkuh ds dkj.k nSfud dk;Z
fu;fer :i ls ns[k ugh aikus ckcr i= izn'kZ ,e 2] c'khj ekSgEen
dk eSfMdy ckcr izn'kZ ,e 3] c'khj ekSgEen dk fu;kstu izn'kZ
,e 4 ls 'krks± ds vuqlkj lafonk dk fu;kstu LVkbZQ.M nsus dh 'krZ
dk i=] izn'kZ ,e 5 i= fnukad 23-9-91] izn'kZ ,e 6 TokbZfuax
fjiksVZ] izn'kZ ,e 7 dk;Zxzg.k ckcr i= fnukad 31-8-91] fu;qfDr
'krs± izn'kZ ,e 8] M~;wVht eas vfu;ferrk ckcr Li"Vhdj.k ekaxk
izn'kZ ,e 9] mldk tokc ugha fn;k bl gsrq i= izn'kZ ,e 10] fnukad
10-2-92 dk i= izn'kZ ,e 11 izLrqr dj iznf'kZr djk;s x;sA
8- eSaus Hk; i{kksa dh cgl lquh x;hA i=koyh dk voyksdu
fd;kA
9- izkFkhZ ds fo}ku izfrfuf/k dk rdZ gS fd izkFkhZ c'khj ekSgEEn dh
vizkFkhZ izca/ku }kjk fnukad 6-8-91 dks 6 izn'kZ Vsªuh lSusVªh baLisDVj
ds in ij fu;qfDr dh xbZ] ftlds vuqØe es izkFkhZ fnukad 30-8-91
dks mDr in ij dk;Z fd;kA izca/ku }kjk fnukad 31-12-91 ds vkns'k
ls mls lsusVªh bUlisDVj ls fu;fer djrs gq, mls blh in dk deZpkjh
uacj 60509 tkjh fd;k] ftlds vuqlj.k esa Hkh izkFkhZ }kjk lSusVªh
baLisDVj ds in ij dk;Z x`g.k fd;kA vr% ,slh fLFkfr esa izkFkhZ Jfed
dh izca/ku }kjk lsusVªh bUlisDVj ds in ij fu;fer fu;qfDr dj nh
xbZA mlds ckn izca/ku }kjk tkjh vkns'k fnukad 29-2-92 izn'kZ ,e 1
ls fnukad 29-2-92 dks gh nksigj i'pkr~ mldh lsok lekIr dh xbZ
gSa] tks xyr gS] D;ksafd mlds laca/k esa yxk;s x;s nks"kkjksi.k ds laca/k
esa izca/ku }kjk fdlh rjg dk u rks dksbZ uksfVl fn;k vkSj u gh dksbZ
vkjksi i= fn;k vkSj vkjksi i= ds lca/k esa fdlh rjg dh fu;fer
tkap Hkh mlds fo:) ugha dh xbZA vr% izkFkhZ Jfed ds lsok
i`Fkd~dj.k dk vkns'k voS/k ,oa vuqfpr gS vkSj mls fu;fer lsok esa
ekurs gq, mldk lsok i`FkDdj.k vkns'k dks fujLr dj ikfj.kkfed
ykHk fnyk;s tkus dh izkFkZuk dh gSA
10- blds foijhr vizkFkhZ izca/ku ds fo}ku izfrfuf/k dk rdZ gS fd
ewyr%izkFkhZ Jfed dks 6-8-91 ds vkns'k }kjk mlesa of.kZr 'krks± ds
vuqlkj Vsªuh lSusVªh baLisDVj ,d o"kZ ds fy, fu;qDr fd;k x;k Fkk]
mDr izf'k{k.k larks"ktud <ax ls iwjk gksus ij bl izf'k{k.k ds ckn Ng
ekg dh vof/k ds fy, Vsªy ij tkuk Fkk vkSj bl vof/k esa Jfed dks
1690 #- izfrekg ikfjJfed feyuk Fkk vkSj bl Ng ekg ds Vsªy iwjk
djus ds vxys Ng ekg ds ifjoh{kk dky ij j[kk tkuk Fkk] ftlds
fy, 1760 #- izfrekg ikjJfed fn;s tkus vkSj Jfed }kjk izf'k{k.k
Vsªy o ifjoh{kk vof/k iw.kZ djus ij gh mldks dsVsxzh VI dh fu;fer
osru Ük`a[kyk 1580&56&2420 nh tkuh Fkh] ysfdu Jfed us mDr
vof/k dk u rks iw.kZ :i ls izf'k{k.k izkIr fd;k] cfYd mldk dk;Z
larks"ktud ugha ik;k x;kA mls fpfdRlkf/kdkjh ds le{k viuk
eSfMdy pSdvi ds fy, funsZf'kr fd;k x;k] ftldh mlds ikyuk
ugha dhA mldk laLFkku esa dk;Zjr deZpkfj;ksa ls dk;Z ,oa O;ogkj lgh
ugha Fkk] og vuqifLFkr jgkA bl rjg ls mlds fnukad 6-8-91 ds
vkns'k izn'kZ ,e 4 esa layXu la[;k 7 dk mYya?ku fd;k rFkk mlesa
izca/ku ds vkns'k fnukad 31-12-91 ds lkFk layXu 'krZ 8 Hkh mYys[k
fd;k gS] bu lHkh ij mls uksfVl fnukad 6-1-92 izn'kZ ,e 9] ,e 10
fnukad 14-1-92 fn;k x;k] ftldk mlus dksbZ tokc izLrqr ugha
fd;k vkSj var esa mls uksfVl fnukad 10-2-92 izn'kZ ,e 11 fn;k x;k]
ftldk tokc izn'kZ ,e 2 esa Jfed us ;g Lohdkj fd;k fd og
ekufld isj'kkuh ds dkj.k viuk nSfud dk;Z ugha ns[k ik;k vkSj ;g
Hkh Lohdkj fd;k fd Hkfo"; esa ,slh xyrh ugha djsxkA vr% Jfed
}kjk viuk Vsªyh vkSj ifjoh{kk dky larks"ktud :i ls iw.kZ fd;k
x;kA blh dkj.k lsok'krksZ vkSj lafonk 'krksZ ds vuqlkj gh mldks lsok
ls fnukad 29-2-92 izn'kZ ,e 1 ls eqDr fd;k x;k gS vkSj ,sls ifjoh{kk
dky ds laca/k esa Jfed dks vkjks ii= fn;k tkdj fu;fer tkap
fd;k tkuk vko';d ugha gSA
11- lkFk gh ;g Hkh rdZ fn;k fd Jfed us ,d o"kZ esa fu;fer :i
ls 240 fnu lsok iw.kZ ugha dh gSA vr% mldk fookn vk|ksfxd fookn
dh Js.kh esa ugha vkrk gS vksj mldk LVsVesaV vkQ Dyse [kkfjt fd;s
tkus dh izkFkZuk dhA
12- eSaus mHk; i{k dh cgl lquh rFkk i=koyh dk /;kuiwoZd
voyksdu fd;k] ftlls izdV gksrk gS fd Jfed c'khj ekSgEen dks
vizkFkhZ laLFkku }kjk fnukad 6-8-91 ds vkns'k ,e 4 ls Vsªuh lsusVªh
bUlisDVj ls in ij blesa mYysf[kr 'krksZ ij fu;qfDr nh xbZ] ftlds
vuqlkj dk;Zxzg.k djus dh frfFk ls mDr in ds fy, ,d o"kZ dk
izf'k{k.k dky] ftlesa mls 1250 #ñ izfrekg o vU; HkÙkksa dk LVkbZQ.M
fn;k tkuk vkSj bl ,d o"kZ ds izf'k{k.kdky iwjk gksus ij mls vxys
Ng ekg ds fy, Vsªy ij tkuk vkSj ml vof/k esa mls 1690 #ñ
izfrekg etnwjh feyuk vkSj bl vof/k ds iw.kZ gksus in mls vU; Ng
ekg ds fy, ifjoh{kk dky iwjk djuk] ftlesa mls 1760 #ñ izfrekg
etnwjh feyuk vkSj mlds ckn izf'k{k.k dky] Vsªy ifjoh{kk vof/k
dks iw.kZ djus ij gh mls dsVsxzh VI dh fu;fer osru Ük`a[kyk
1580&56&2420 ij fu;qfDr nh tkuh FkhA blds vfrfjDr mldh
fu;qfDr 'krsZ blds lkFk layXu izLrkfor i= ds vuqlkj gksuh pkfg,
Fkh] ftldh 'krZ la[;k 7 esa ;g mYys[k gS fd bl lEiw.kZ vof/k esa
vxj Jfed Jfed izca/ku ds ;gka fdlh rjg ds dksbZ nqO;Zogkj dk
nks"kh ik;k x;k rks mls 'kh?kz izca/ku lsok ls eqfDr dh tkosxh rFkk mls
fnukad 19-8-91 dks viuk Lohd`fr i= nsdj dk;Zxzg.k djuk Fkk]
3254
THE GAZETTE OF INDIA : AUGUST 1, 2015/SRAVANA 10, 1937
[PART II—SEC. 3 (ii)]
ftldh vuqikyuk esa izkFkhZ Jfed us fnukad 30-8-91 dks viuk
dk;Zxzg.k i= izn'kZ ,e 6 ds ek/;e ls fd;kA blds ckn izca/ku }kjk
fnukad 31-12-91 ds vkns'k }kjk Jfed dks lSusVªh ds in ij mlds
}kjk dk;Zxzgj.k djus dh frfFk ls fu;qDr djrs gq, mldks ,EiyksbZ
uacj 60509 fn;k gSA lkFk gh ;g Hkh mYys[k fd;k gS fd Jfed }kjk
vius bl i= ds lkFk layXu 'krksZa dks Lohdkj djrs gq, viuh
Lohd`fr nsuh gksxh vkSj fu;qfDr dh 'krsZ izn'kZ ,e 8 esa mYysf[kr gS]
ftlds vuqlkj Jfed ,d o"kZ dh vof/k ds fy, ifjoh{kk ij
jgsxkA ftldks izca/ku ds foosd ij c<+k;k tk ldrk gS vkSj mldks
LFkkbZ rHkh fd;k tkosxk] tc izca/ku dh larqf"B ij ifjoh{kk dky iwjk
djsxk rFkk ifjoh{kk dky esa iwoZ ;k ckn esa mls fcuk fdlh dkj.k
crk;s mldh lsok;sa lekIr dh tk ldrh gSaA vfFkkr~ bl i= }kjk Hkh
Jfed dh ,d o"kZ dh ifjoh{kk ij fu;qfDr nh xbZA
13- blds ckn izca/ku }kjk Jfed dks fnukad 6-1-92 ds i= izn'kZ
,e 9 tkjh dj mlls izkfIr ds48 ?kaVs ds vanj Li"Vhdj.k ekaxk gS]
ftlds vuqlkj Jfed }kjk viuh M~;wVh le; ij iwjk ugha djuk]
fcuk fdlh vuqefr ds vuqifLFkr jguk] mlds vius lkfFk;ksa ds lkFk
O;ogkj lgh ugha gksuk o mlds }kjk viuk lSusVªh dkaVªsDV odZ fu;fer
:i ls fujh{k.k ugha djuk o vU; dk;Z Hkh ugha djuk vkSj mls
ts,y,u eSfMdy dkWyst vtesj esa viuk ijh{k.k ds fy, funsZf'kr
djus ds ckotwn Hkh ijh{k.k ugha djokus dk mYys[k fd;k gSA mlds
ckn iqu% izca/ku ds i= izn'kZ ,e 10 bUgha ds laca/k esa fy[kk x;k gS
vkSj mlesa ;g Hkh mYys[k gS fd bldk mlds laca/k esa tokc izkIr ugha
gqvkA
14- ;|fi bu nksuks i=ksa dks Jfed us viuh lk{; esa izkIr gksuk
ugha crk;k gSA izca/ku dh vksj ls Jfed dks ,d vU; i= izn'kZ
,e 11 fnukad 10-2-92 izsf"kr fd;k gS] ftlesa mldk tuojh o
Qjojh ekg esa 27 fnu dk;Z ls fcuk fdlh lwpuk ds vuqifLFkr jguk
vkSj mldk dÙkZO;ksa esa :fp ugha ysus dk myys[k fd;k gS] ftldk
tokc Jfed }kjk izn'kZ ,e 2 fn;k gS] ftlesa mlus dqN fnuksa ds fy,
?kjsyw o ekufld ijs'kkuh ds dkj.k viuk nSfud dk;Z fu;fer :i
ls ugha dj ikuk vkSj dqN fnuksa ds fy, vuqifLFkr jguk Lohdkj djrs
gq, ;g myys[k fd;k gS fd Hkfo"; esa og ,slh xyrh ugha djsxk vkSj
ftjg ds nkSjku Hkh mlus izca/ku ds i= izn'kZ ,e 11 dks izkIr dj
mldk Li"Vhdj.k izn'kZ ,e 2 nsuk Lohdkj fd;k gSA blls ;g Li"V
gS fd Jfed vius dÙkZO; ls fcuk fdlh iwoZ lwpuk ds vuqifLFkr jgk
vkSj mlus viuk dk;Z lEiknu esa dksbZ :fp ugha yh] ftls le; le;
ij /;ku Hkh fnyk;k x;kA blds ckn izca/ku us vkns'k izn'kZ
,e 1 fnukad 29-2-92 }kjk mldh fu;qfDr Ng ekg ds izf'k{k.k dky
ij nsus ds dkj.k vkSj ml vof/k esa mldh lsok larks"ktud ugha ik;s
tkus ds dkj.k fnukad 29-2-92 dks gh nksigj i'pkr~ lsok ls mls eqDr
fd;k gSA blls ;g Li"V gS fd Jfed Jh ca'khj ekSgEen dh ewyr%
Vªsuh lSusVªh bULisDVj izf'k{k.k dky Vªsy vkSj ifjoh{kk dky ds fy,
fu;qfDr fdUgha 'krks± ds rgr nh xbZ Fkh] ftldh 'krZ la[;k 7 ds
vuqlkj vxj mldk vkpj.k lgh ugha ik;k x;k rks mls rqjar izHkko ls
lsok ls eqDr fd;k tk ldrk gS vkSj mldk fnukad 31-12-91 ds
vkns'k ls lSusVªh baLisDVj dh ,d o"kZ dh vof/k ds fy, ifjoh{kk ij
fu;qfDr nh xbZ vkSj mls LFkkbZ rHkh fd;k tkosxk] tc og ifjoh{kk
dky iwjk djsxk vkSj ifjoh{kk dky ds nkSjku fdlh Hkh le; mldh
lsok;sa lekIr dh tk ldrh gSaA
15- blls ;g Li"V gS fd Jfed us izn'kZ ,e 4 fnukad 6-8-91 o
izn'kZ ,e 8 fnukad 31-12-91 ds lkFk layXu 'krks± dks Lohdkj djrs
gq, mlus viuh fu;qfDr Lohdkj dh rFkk i= izn'kZ ,e 11] 10-2-92
o mldk tokc izn'kZ ,e 2 ls ;g Li"V gS fd Jfed us mldh
fu;qfDr dh 'krks± dh iw.kZr;k ikyuk ugha dh] ftlds laca/k esa Jfed
dks izca/ku }kjk i= izn'kZ ,e 9 fnukad 6-1-92 o i= izn'kZ ,e 2
fnukad 14-1-92 }kjk /;ku esa yk;k x;k vkSj varr% fnukad 10-2-92
dks izn'kZ ,e 10] izn'kZ ,e 11 i= tkjh fd;k] ftlds laca/k esa
Jfed us i= izn'kZ ,e 2 tokc izLrqr dj tuojh] Qjojh esa dqN
fnu vuqifLFkr jgus vkSj ?kjsyw o ekufld :i ls ijs'kku gksus ds
dkj.k viuk nSfud dk;Z ugha dj ikuk Lohdkj fd;kA blls ;g Li"V
gS fd Jfed us viuh fu;qfDr 'krks± ds vuqlkj ifjoh{kk dky iw.kZr;k
larks"ktud rjhds ls iwjk ugha fd;kA Jfed us vius 'kiFk i= esa ;g
fy[kk gS fd og dHkh vuqifLFkr ugha jgk] cfYd vodk'k ij jgk FkkA
blds laca/k ds ftjg esa ;g dgk gS fd ;g ckr lgh fy[kh gS] ysfdu
esjs fouez er esa Jfed ds 'kiFk i= dk ;g Hkkx lgh ugha gS] D;ksafd
og Lo;a vius tokc izn'kZ ,e 2 esa ;g Lohdkj djrk gS fd og
tuojh] Qjojh ekg esa dqN fnu vuqifLFkr jgk vkSj ?kjsyw o ekufld
ijs'kkuh ds dkj.k og viuk nSfud dk;Z ugha dj ik;kA blls ;g
Li"V gS fd og tuojh] Qjojh ekg esa vuqifLFkr jgkA
16- tgka rd vodk'k dk iz'u gS] Jfed dh vksj ls U;k;ky; ds
le{k ,slk dksbZ vodk'k Lohd`fr vkns'k tks izca/ku us mDr vof/k ds
fy, tkjh fd;k x;k] izLrqr ugha fd;kA Jfed us viuh fnekxh
chekjh ls xzflr gksus ds lq>ko dks xyr crk;k gSA ysfdu ;g Lohdkj
fd;k gS fd izn'kZ ,e 3 esa mldk uke fy[kk gSA izn'kZ ,e 3 ds
ek/;e ls Jfed dk ekeyk lkbZdsVªh foHkkx ds izksQslj foHkkxk/;{k
dks i= fnukad 23-1-91 dks izf"kr fd;k gS] ftldk mYys[k izca/ku us
vius i= fnukad 6-1-92 izn'kZ ,e 9 esa fd;k gS] ftlds vuqlkj mls
ts,y,u eSfMdy dksyst vtesj ds lkbZdsVªh foHkkx esas mifLFkr
gksuk Fkk] ysfdu og mifLFkr ugha gqvkA mDr vkns'k dh Jfed }kjk
ikyuk fd;k tkuk vko';d FkkA
17- bl rjg ls U;k;ky; ds le{k mHk; i{kdkjku~ dh lk{; vkbZ
gS] mlls Li"V gS fd Jfed dh loZizFke izf'k{k.k dky ds fy,] fQj
Vªsy ds fy,] fQj ifjoh{kk dky ds fy, izn'kZ ,e 4 o fnukad 31-12-
91 ds vkns'k }kjk blds lkFk layXu 'krks± ds vuq:i fu;qfDr dh xbZ
FkhA ysfdu Lohd`r :i ls mls viuk ifjoh{kk dky mldh fu;qfDr dh
'krks± ds vuqlkj iwjk ugha dj blh vof/k esa mlus nqjkpj.k fd;k gSA
18- bl laca/k esa Jfed dh vksj ls izLrqr fd;k x;k U;kf;d
n`"Vkar 1993¼3½lqizhe dksVZ dslst ist 60 fnIrh izdk'k cuthZ cuke
lR;sUnz ukFk cksl us'kuy lsaVj Qkj csfld lkbZlsal] dydÙkk o vU;
[Hkkx II—[k.M 3 (ii)]
Hkkjr dk jkti= % vxLr 1] [email protected] 10] 1937
3255
ds ekeys esa ekuuh; mPpre U;k;ky; us ;g fu/kkZfjr fd;k gS fd
tgka ifjoh{kk dky esa vxj fdlh Jfed dh lsok;sa ml ij nks"kkjksi.k
dj lekIr dh tkrh gS vkSj mlds laca/k esa fu;fer :i ls foHkkxh;
tkap ugha dh tkrh gS rks ,slk lsokeqfDr vkns'k xyr gS] ysfdu vxj
Jfed dh lsok;sa fcuk fdlh nks"kkjksi.k ds ifjoh{kk dky ds nkSjku
mlds fo:) fcuk fdlh fLVxek (Stigma) yxk;s lsok lekIr dh
tkrh gS]rks mlds laca/k esa fu;fer tkap fd;k tkuk vko';d ugha gSA
19- bl laca/k esa izca/ku dh vksj ls izLrqr fd;s x;s U;kf;d
n`"Vkar 2012 ,y,yvkj ist 514 lqfize dksVZ] gSMekLVj yksjsal Ldwy
yksoMsy cuke t;arh j?kq o vU; ds ekeys esa ekuuh; mPpre
U;k;ky; us ;g fu/kkZfjr fd;k gS fd tgka fdlh O;fDr dh fu;qfDr nks
o"kZ dh ifjoh{kk ds fy, dh tkrh gS] ftlesa ;g Hkh mYys[k gS fd ;g
ifjoh{kk dky ,d o"kZ ds fy, ;fn vko';drk gks rks c<+k;k tk
ldrk gS vkSj blh ifjoh{kk dky dh vof/k esa izkFkhZ }kjk fdlh O;fDr
ls dqN jkf'k izkIr djus ds dkj.k mldh lsok;sa lekIr dh xbZ] rc
ekuuh; mPpre U;k;ky; us ;g fu/kkZfjr fd;k fd ifjoh{kk dky
iwjk djus ij vxj mldk vkSipkfjd LFkkbZdj.k vkns'k tkjh ugha
fd;k x;k gS] rc ,sls deZpkjh dh lsok;sa izca/ku }kjk fcuk fu;fer
tkap djs lekIr dh tkrh gaS rks og voS/k ugha gS] D;ksafd blds
laca/k esa vkSipkfjd LFkkbZdj.k vkns'k fd;k tkuk vko';d gS vkSj
ifjoh{kk dky ds ckn vxj og deZpkjh lsok;sa ns jgk gS rks mls Lor%
LFkkbZ ugha ekuk tk ldrkA
20- orZeku ekeys esa Lohd`r :i ls izkFkhZ Jfed dks iw.kZr;k
izn'kZ ,e 4 ds vkns'k ls ,d o"kZ dk izf'k{k.k dky] mlds ckn Ng
ekg ds Vªsy dh vof/k o mlds ckn Ng ekg ds ifjoh{kk dky ij
fu;qfDr ds lkFk layXu 'krks± ds vuqlku fu;qfDr nh xbZ FkhA Lohd`r
:i ls Jfed us izf'k{k.k] Vªsy vof/k o ifjoh{kk dky vizkFkhZ izcaèu
ds ;gka larks"ktud :i ls iwjk ugha fd;kA vxj ;g Hkh ekuk tkos fd
fnukad 31-8 91 ds vkns'k ls mls lsusVªh bUlisDVj ds in ds fy,
fu;qfDr nh xbZ] bl vkns'k ds lkFk layXu 'krZ izn'kZ 8 ds vuqlkj Hkh
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tuojh] Qjojh ekg esa 27 fnu vuqifLFkr jgkA bl rF; dks Jfed us
vius tokc izn'kZ ,e 2 o ftjg esa Lohdkj fd;k gS vkSj ;g Lohdkj
fd;k gS fd og ?kjsyw o ekufld ijs'kkuh ds dkj.k og nSfud dk;Z
fu;fer :i ls ugha ns[k ik;kA vr% mlus izca/ku ds ;gka ifjoh{kk
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izca/ku }kjk izLrqr fd;s x;s mDr U;kf;d n`"Vkar dks n`f"Vxr j[krs gq,
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tkuk vko';d ugha FkkA
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djus dk dksbZ vf/kdkj ugha gS rFkk mldh fu;qfDr vkns'k dh 'krks± ds
vuqlkj vxj mldh lsok;sa lekIr dh tkrh gS vkSj ,sls O;fDr }kjk
mlds fu;qfDr vkns'k esa layXu 'krks± dks Lohdkj fd;k tkrk gS rks ckn
esa fu;qfDr vkns'k dh mu 'krks± dks ekuus ls euk ugha dj ldrk]
ftlls eSa iw.kZr;k lger gwaA
23- Jfed dh vksj ls izLrqr fd;s x;s vU; U;kf;d n`"Vkar vkbZ,yts
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fookn vf/kfu;e dh /kkjk 2¼8½ ds vuqlkj Jfed dh Js.kh esa vkrk
gS] ftlls eSa lger gwaA
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izn'kZ ,e 4 o izn'kZ ,e 8 esa of.kZr 'krks± ds vuqlkj gh lekIr dh xbZ
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vkns'k 29-2-92 mfpr o oS/k gSA Jfed fdlh izdkj dh jkgr ikus
dk vf/kdkjh ugha gSA
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ugha gSA
dsnkj yky xqIrk] U;k;k/kh'k
ubZ fnYyh] 28 tqykbZ] 2015
dk-vk- 1539-—deZpkjh jkT; chek vf/kfu;e] 1948 ¼1948
dk 34½ dh /kkjk&1 dh mi /kkjk ¼3½ }kjk iznÙk 'kfDr;ksa dk iz;ksx
djrs gq,] dsUnzh; ljdkj ,rn~}kjk 01 vxLr] 2015 dks ml rkjh[k
3256
THE GAZETTE OF INDIA : AUGUST 1, 2015/SRAVANA 10, 1937
[PART II—SEC. 3 (ii)]
ds :i esa fu;r djrh gS] ftudks mDr vf/kfu;e ds v/;k;&4 ¼44
o 45 /kkjk ds flok; tks igys ls izo`Ùk gks pqdh gS½ v/;k;&5 vkSj 6
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Øe lañ jktLo xzke dk
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1-
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63
dkWVh
eqt¶Qjiqj
[la- ,l&38013@85@2015&,l,l 1]
vt; efyd] voj lfpo
New Delhi, the 28th July, 2015
S.O. 1539.—In exercise of the powers conferred by
sub-section (3) of Section 1 of the Employees' State
Insurance Act, 1948 (34 of 1948) the Central Government
hereby appoints the 1st August, 2015 as the date on which
the provisions of Chapter IV (except Sections 44 and 45
which have already been brought into force) and Chapter-
V and VI [except Sub-Section (1) of Section 76 and Sections
77, 78, 79 and 81 which have already been brought into
force] of the said Act shall come into force in the following
areas in the State of Bihar namely:—
Sl.
Name of the Revenue
Had Bast
Tehsil/
District
No.
Village
No./Thana
Taluk
No.
1.
Kanti Kaswa
63
Kanti
Muzaf-
farpur
[No. S-38013/85/2015-SS I]
AJAY MALIK, Under Secy.
ubZ fnYyh] 28 tqykbZ] 2015
dk-vk- 1540-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk
14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ueZnk ekyok xzkeh.k
cSad 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
tcyiqj ds iapkV lanHkZ la[;k ¼82@2011½ dks izdkf'kr djrh gS]
tks dsUnzh; ljdkj dks 28@07@2015 izkIr gqvk FkkA
[la- ,y&12011@46@2011&vkbZvkj¼ch&1½]
lqefr ldykuh] vuqHkkx vf/kdkjh
New Delhi, the 28th July, 2015
S.O.1540 —In pursuance of Section 17 of the Industrial
Disputes Act, 1947 (14 of 1947), the Central Government
hereby publishes the Award (Ref. No.82/2011) of the
Cent. Govt. Indus. Tribunal-cum-Labour Court, Jabalpur
as shown in the Annexure, in the industrial dispute between
the management of Narmada Malwa Gramin Bank and their
workmen, received by the Central Government
on 28/07/2015.
[No. L-12011/46/2011 IR(B-1)]
SUMATI SAKLANI, Section Officer
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT
INDUSTRIAL TRIBUNAL-CUM -LABOUR
COURT, JABALPUR
NO. CGIT/LC/R/82/2011
General Secretary,
Dainik Vetan Bhogi Karmchari
Sangathan, F-1, Tripti Vihar,
Opp. Engg. College,
Ujjain
Workman/Union
Versus
The Chairman,
Narmada Malwa Gramin Bank,
Head Office, New Palasia,
Indore.
Management
AWARD
Passed on this 6th day of July 2015
1. As per letter dated 14-9-2011 by the Government of
India, Ministry of Labour, New Delhi, the reference is
received. The reference is made to this Tribunal under
Section 10 of I.D. Act, 1947 as per Notification No. L-12011/
46/2011-IR(B-1). The dispute under reference relates to:
"Whether the action of the management of Narmada
Malwa Gramin Bank, Indore in terminating the services of
Shri Mohamad Firdaus Sheikh w.e.f. 15-12-09 is legal and
justified? To what relief the workman/Union is entitled?"
2. After receiving reference, notices were issued to the
parties. Ist party workman filed statement of claim through
General Secretary of Union. The case of Ist party workman
is that he was appointed as permanent peon on wages
Rs. 13/- from 01-11-88 by Branch Manager Shri Damle.
He was working with devotion. There were no complaints
about his working. The wages were increased time to time
lastly Rs. 77.72 were paid. Wages were paid by the Branch
manager, he was reimbursed of said amount by the Bank.
In the vouchers his name were not appearing neither his
signature were obtained on it. That since 01-11-88, he
completed 240 days continuous service during each of
the year. His services were terminated without notice from
1-12-09. The dispute was raised before ALC. The failure
report was submitted by Conciliation Officer. The dispute
has been referred.
3. Ist party workman reiterated that he had completed
240 days continuous service. He is covered as employee
under Section 25B of ID Act. He was working with 2nd
[Hkkx II—[k.M 3 (ii)]
Hkkjr dk jkti= % vxLr 1] [email protected] 10] 1937
3257
party for 21 years. His services were terminated without
notice. No retrenchment compensation is paid. Thereby
2nd party violated Section 25-F of ID Act. Principles of last
come first go was not followed by 2nd party. 2nd party
violated Section 25-G, N of ID Act. After termination of his
service, 2nd party had engaged other persons in the Bank.
Workman was not given opportunity of re-employment
thereby 2nd party violated Section 25H of ID Act. On such
ground, workman prays for his reinstatement with back
wages with cost.
4. 2nd party filed Written Statement opposing claim of
the workman case of 2nd party is that Ist party workman
was engaged by K.G. Bank at Khargone branch on daily
wages as casual labour in November 1988. Payment of
wages was made by Branch Manager. He was getting
reinstatement of said amount. Workman was not
continuously engaged in the Bank. Workman was engaged
as per exigency of work and wages were paid for such
period. Other persons Dinesh Bhavsar, Jagrup Verma and
Jagdish Chandra Chouhan engaged on daily wage basis
were subsequently disengaged. Those persons raised
Industrial dispute challenging their termination before
Labour Commissioner, Indore. Said dispute was settled.
The management agreed to identify permanent and
consider all the persons for permanent recruitment with
the due regard for the regularization of SC, ST candidats.
On scrutiny 8 vacancies were found available out of which
4 posts were available for open category. The applications
for filling those posts were called. Interview was held on
21-4-92, total 25% participated out of which 3 persons are
SC category, 5 Candidates ST, 17 from general Category.
The workman belongs to General category. He was placed
at Sl. No. 7.
5. 2nd party reiterates that workman could not be
absorbed against permanent vacancies. It is submitted that
the workman was not continuously working. It was not
possible for Branch Manager to withdraw amount in name
of particular person. The persons were used to be engaged
subject to availability of work. Branch Manager was
withdrawing amount according to the working days. Ist
party workman had not completed 240 days continuous
service. It is denied that workman was continued on work
till 15-12-09. That Ist party workman as not engaged in the
Bank after 1994. Violation of provisions of Section 25-F,
G, H is denied. Workman is not covered as employee under
Section 25-B of ID Act.
6. 2nd party further contends that documents filed at
P-4 to P-29 attendance register are denied. There is no
procedure in Bank to maintain attendance register of daily
wagers. His attendance register is not supposed to containe
name of one person. As per letter dated 21-01-97, marked
as P-13, it is admitted that Ist party has raised dispute
with regard to permanent employment to him in 1996
during pendency of conciliation proceeding. Under
pressure of labour commissioner, the workman was
engaged on daily wages from 21-01-97. Workman was
immediately disengaged after failure report was
submitted. 2nd party has admitted certain documents
produced by Ist party workman along with his statement
of claim. 2nd party submits that workman is not entitled
to any relief.
7. Considering pleadinga on record, the points which
arise for my consideration and determination are as under.
My findings are recorded against each of them for the
reasons as below:—
(i)
Whether the action of the
In Negative
management of Narmada Malwa
Gramin Bank, Indore in terminating
the services of Shri Mohamad
Firdaus Sheikh w.e.f. 15-12-09 is
legal and justified?
(ii)
If not, what relief the workman is
As per final .
entitled to?"
order
REASONS
8. Workman is challenging termination of his services
for violation of Section 25-F, G, H of ID Act claiming that
since 1.11.88, he was continuously working till 15.12.09. He
completed more than 240 days during each of the year. His
services are terminated without notice. No retrenchment
compensation is paid to him. Management has denied
material contentions of workman. It is reiterated that
workman have not completed 240 days continuous service
during any of the year. Workman was engaged as casual
labour as per exigencies.
9. Workman filed affidavit of evidence in support of
evidence workman says that he was appointed on daily
wages as peon from 1.11.88 by branch Manager, Khargone.
He was continuously working till 1996. His services were
terminated. Workman had raised dispute before ALC,
Bhopal. As per settlement before conciliation officer on
13.1.97, the workman was engaged by the management
from January 1997. He was continuously working till
15.12.09. His services were terminated on 15.12.09
without notice. He was not paid retrenchment
compensation. In his cross-examination, workman says
he was working in Khargone branch from 11.11.88. The
documents produced in the matter were supplied to him
by General Manager. Workman denies that he did not work
in the Bank after 1992. Workman explained that he was
working in the Bank in June 96. The evidence of workman
that as per settlement dated 13.1.97 before Conciliation
Officer, he was reinstated in January 1997. He was working
till 15.12.09 is not chanllenged in his cross-examination.
10. Management's witness Shri Ashok Kumar Patidar
filed affidavit of his evidence. As per the evidence of
management's witness workman was engaged by Nimar
3258
THE GAZETTE OF INDIA : AUGUST 1, 2015/SRAVANA 10, 1937
[PART II—SEC. 3 (ii)]
Kshetriya Gramin Bank at Khargone branch temporarily
on daily wages in 1988. Manager was paying wages to the
workman, said amount was reimbursed to the Branch
Manager. His evidence is further devoted that after the
workman was disengaged, industrial dispute was raised
before Labour Commissioner, Indore. The said dispute was
settled. Management agreed to fill permanent vacancies
and consider all such persons for permanent recruitment
with due regard to the reservation for SC ST candidates.
Workman was considered for permanent appointment. He
belong to General Category. He was placed at Sl. No. 7.
There were 4 post of General category. Workman could not
be appointed. Workman challenged his non-selection in
R/69/98. That workman had never completed 240 days
working in any calendar year therefore workman was not
entitled for permanent employment in 1992. After
disengagement of workman in 1966, Labour Commissioner
in conciliation proceeding, workman was engaged from
21.1.97. Labour Commissioner submitted failure report
on 25.4.97 immediately workman was disengaged. Management's
witness in his cross-examination says before engaging
workman on work, permission of Managing Director was
not taken. Documents are not filed in support of the
affidavit about working days of the workman. Workman
was not given appointment letter. His attendance register
was not maintained. The Branch Manager was paying wages
to the workman and he was reimbursed of said amount. In
his further cross-examination, management witness says
workman was not selected after his interview, however
the witness of management admits workman was sent to
Regional office for receiving cash under the authority
letter. Workman was not served with notice, retrenchment
compensation was not paid to him. He admits that signature
of workman is not obtained on payment voucher.
11. The documentary evidence produced by parties
needs to be considered. Exhibit W-34 is copy of Notification
dated 3.4.06 about change of name of the Bank. Exhibit
W-1 is admitted by 2nd party is application submitted by
workman to ALC Bhopal, his working days are shown 1988-
60 days, in 1989- 302 days, in 1990- 23 days, in 1991- 65
days, in 1992-81 days, in 1993-92 days, in 1994- 166 days, in
1995- 230 days, in 1996- 106 days in Head office and
Khargone branch. The amount received by workman is
shown Rs. 27,836.80 for total 1125 working days.
12. Learned counsel for 2nd party Shri Ashish Shroti
pointed out my attention that Exhibit W-30 is wrongly
exhibited and the document should not be considered.
Admitted document Exhibit W-2 is letter dated 21.2.97 sent
by Chairman of the Bank to the Regional Office informing
that workman was engaged on daily wages as per message
dated 13.1.97. Said documents corroborates evidence of
workman that he was engaged as per settlement dated
21.1.97. In Exhibit W-3 admitted by 2nd party, there is clear
reference that settlement was arrived between parties
before ALC, Bhopal on 30.1.97 that workman be engaged on daily
wages. Workman had complained that the settlement was
not honestly implemented. Said letter was sent by
workman on 27.8.98. Document Exhibit W-4 is letter sent
by management to ALC dated 9.4.2010. Management has
written that workman was engaged on daily wages.
Documents Exhibit W-5 to W-8 are payment vouchers
dated 9.9.09, 26.1.90, 10.12.09, 4.11.09 for amount of Rs. 897,743,
1252 & 1097/- Exhibit W-9 is copy of order of reference.
Exhibit W-10 is reply submitted by 2nd party before ALC,
Bhopal in the matter of claim of 20% bonus by workman
opposing the claim. The documents Exhibit W-11 to W-
24 are authority letter given in name of workman on
various dates in 1989-90. Exhibit W-25 is payment
voucher about payment of wages Rs. 72/- to the workman.
Exhibit W-26 to 29, 31 are payment vouchers name of
workman is not recorded. The evidence of management's
witness is clear that in payment voucher, the name of
workman was not written, Manager used to pay and
reimburse from bank. Those documents supports evidence
of workman that he was working in the Bank in the year
2009. Workman has produced certified copies of
Notification dated 3.4.06 and payment vouchers produced
in other reference. Exhibit W-35 is copy of service regulation.
Those reguations athorizes appointment of temporary staff
more than 90 days. The evidence on record shows that
workman was working from November 88 to 96. After
his services were terminated and dispute was raised, as
per settlement, workman was engaged on daily wages in
January 1997. Evidence of workman that he was working
with 2nd party till year 2009 is supported by document
Exhibit W-25 to W-29 & 31. Management's witness has
also admitted in his cross-examination that he has not
produced any document in support of his affidavit. No
documents are produced about working days and payment
of wages to the workman. As per evidence of management's
witness, name of workman was not written in the payment
voucher neither his signatures were obtained. Management's
witness says that Attendance Register of workman was
not maintained. In such circumstances, the workman
cannot be expected to produce documents about his
continuous working in the Bank. The evidence of workman
is supported by document, ownus is shifted on management
to prove exact working days or break in his working. Said
ownus is not discharged by 2nd party therefore the evidence
of workman deserves to be accepted. As per evidence of
workman, he was working on daily wages with 2nd party
from November 88 to 15.12.09. In R/69/98, workman had raised
demand for regularization of his services. After said dispute
was raised, the services of workman were terminated without
notice. Termination of this Tribunal was not obtained for
terminating services of workman though there is no specific
pleading in statement of claim. The termination of service
of workman during pendency of R/69//98 appears violation
of Section 33 of ID Act. The evidence on record shows
that workman is engaged on daily wages for years together.
The claim of workman for regularization in R/69/98 is allowed
[Hkkx II—[k.M 3 (ii)]
Hkkjr dk jkti= % vxLr 1] [email protected] 10] 1937
3259
from the date of order of reference i.e. 2.4.98. R/69/98
is not decided in favour of the management as stated by
management's witness in his affidavit of evidence.
13. Management's witness has admitted that workman
was not paid retrenchment compensation, he was not
served with notice therefore termination of service of
workman is in violation of Section 25-F of ID Act. Therefore,
I record my finding in Point No. 1 in negative.
14. Point No. 2- In view of my finding in Point No. 1
termination of services of workman is illegal, question
remains for decision whether workman is entitled for
reinstatement with back wages. The evidence on record
shows workman is working on daily wages with 2nd party
from 1.11.88 till termination of his services from 15.12.09 for
almost 21 years. After disengagement of workman in 1996,
he raised dispute. As per settlement dated 13.1.97, workman
was engaged on daily wages from 21.1.97. The claim of
workman for regularization in R/69/98 is upheld. During the
long part of his life, workman was working with 2nd party
on daily wages, his services are terminated in violation of
Section 25-F of ID Act. Workman deserved to be reinstated
in service. The claim of backwages, the evidence of workman
is silent what he was doing after termination of his services,
whether he is unemployed. Similarly management has not
adduced any evidence that workman was in gainful
employment after termination of his service. Both parties
have not adduced evidence about gainful employment.
Considering said aspect of evidence, reinstatement of
workman with 50% back wages would be appropriate.
Accordingly I recod my finding in Point No. 2.
15. In the result, award is passed as under:—
(1) The action of the management of Narmada Malwa
Gramin Bank, Indore in terminating the services
of Shri Mohamad Firdaus Sheikh w.e.f. 15.12.09 is
not proper.
(2) 2nd party is directed to reinstate workman with
continuity of service with 50% back wages.
Amount as per above order shall be paid to workman
within 30 days from the date of notification of award. In
case of default, amount shall carry 9% interest per annum
from date of award till its realization.
R.B. PATLE, Presiding Officer
ubZ fnYyh] 28 tqykbZ] 2015
dk-vk- 1541-—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947 dk
14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj LVsV c®d vkWQ bankSj
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 tcyiqj ds iapkV ¼lanHkZ la[;k 79@99½ dks izdkf'kr
djrh gS tks dsUnzh; ljdkj dks 28@07@2015 dks izkIr gqvk FkkA
[la- ,y-&12012@171@98&vkbZ vkj ¼ch&1½]
lqefr ldykuh] vuqHkkx vf/kdkjh
New Delhi, the 28th July, 2015
S.O. 1541.—In pursuance of Section 17 of the
Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. 79/99) of
the Central Government Industrial Tribunal-cum-Labour
Court, Jabalpur as shown in the Annexure, in the Industrial
Dispute between the management of State Bank of Indore
and their workmen, received by the Central Government
on 28/07/2015.
[No. L-12012/171/98-IR(B-I)]
SUMATI SAKLANI, Section Officer
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT
INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,
JABALPUR
NO. CGIT/LC/R/79/99
General Secretary,
Daily Wages Bank Employees Association,
Hardev Niwas, 9, Sanswer Road,
Ujjain
Workman/Union
Versus
Managing Director,
State Bank of Indore,
Head office, 5, Yeshwant Niwas Road,
Indore
Management
AWARD
Passed on this 7th day of July 2015
1. As per letter dated 29-1-99 by the Government of
India, Ministry of Labour New Delhi, the reference is
received. The reference is made to this Tribunal under
Section-10 of I.D. Act, 1947 as per Notification No. L-12012/
171/98-IR(B-I). The dispute under reference relates to:
"Whether the action of the management of State Bank
of Indore in terminating the services of Shri Rakesh Raikwar
w.e.f. 8-12-97 is legal and justified? If not, to what relief
the said workman is entitled?"
2. After receiving reference, notices were issued to
the parties. Statement of claim is filed by General
Secretary of Union on behalf of workman at Page 3/1 to
3/3. Case of Ist party is Harish and Virendra regular peon
working in Freeganj branch, Ujjain were promoted as
clerk. Mr. Nandkishore Gome was suffering form long
illness. Shri Chandra Singh Tomar was promoted as clerk.
The post of peon was lying vacant in the branch. Ist party
workman was engaged as peon in said branch from 23-1-95
on wages Rs. 30/- per day. Ist party workman was doing
work of cleaning, sweeping, dusting between 7.30 to 9 AM.
After 9 AM till 5 PM, he was doing work of peon. He was working
with devotion. He was supplying drinking water to the
3260
THE GAZETTE OF INDIA : AUGUST 1, 2015/SRAVANA 10, 1937
[PART II—SEC. 3 (ii)]
staff members. He was taking different registers to the
concerned tables, distribution of dak was done by him.
The record about his working is available in the bank. He
was paid wages for six days in a week. Branch Manager
used to make payment, his services were terminated from
8-12-97 after workman had claimed bonus and regularization
of his service. The workman submits that he had worked
more than 240 days. He has completed one year continuous
service provided under Section 25 B of ID Act. His services
were terminated without notice, retrenchment compensation
was not paid to him. 2nd party violated Section 25-F of ID
Act, Para 507, 524 of Sastri Award. Workman also submits
that he was not re-employed by the Bank. 2nd party violated
Section 25-F of ID Act on such ground, workman prays for
his reinstatement with backwages.
3. 2nd party filed Written Statement at Page 6/1 to 6/8
opposing claim of the workman. it is submitted that
statement of claim is not properly verified. As such it cannot
be accepted as statement of claim. General Secretary of the
Union has not produced documents authorizing him to
raise dispute. The reference is not tenable. Managing
Director cannot be impleaded as party therefore reference
is suffering form misjoinder of parties. 2nd party denied all
material contentions of workman that he was appointed
against vacant post after promotion of other peon. 2nd
party denies that workman was appointed as peon against
sanctioned post. It is denied that workman was working
from 7.30 to 9 AM for cleaning, sweeping etc. work and
9 AM to 5 PM working as peon. Workman was not
appointed after following selection process therefore
workman was not allowed pay scale. 2nd party denies that
workman was paid for Monday to Saturday in names of
different persons. It is denied that workman was terminated
when he raised demand for bonus and regularisation of his
service. It is submitted that workman had not worked more
than 240 days. Therefore notice of termination is not
required. Workman is not entitled for bonus. Workman is
not entitled for retrenchment compensation. It is denied
that termination of workman is in violation of Secton 25-F,
H of ID Act. Workman is not entitled to any relief.
4. Ist party workman submitted rejoinder at Page 9
reiterating his contentions in statement of claim.
5. Considering pleading on record, the points which
arise for my consideration and determination are as under.
My findings are recorded against each of them for the
reasons as below:—
(i)
Whether the action of the
management of State Bank
In Negative
of Indore in terminating the
services of Shri Rakesh
Raikwar w.e.f. 8.12.97 is
legal and justified?
(ii) If not, what relief the
As per final order
workman is entitled to?"
REASONS
6. Workman is challenging termination of his service
for violation of Setion 25-F, H of ID Act. Workman filed
affidavit of his evidence supporting his contentions in
statement of claim. Workman has stated that he was
engaged on daily wages on 23.1.95. He was paid Rs. 30/-
per day. He was working in the Bank from 7.30 AM doing
sweeping etc. work. After 9 AM, he was doing various
work of peons. On 7.12.96, he had claimed bonus. He
accepted the membership of Union. His services were
terminated from 8.12.97 without notice, In his cross-
examination, workman says he had participated in
conciliation proceeding. The order of reference shows
his name is party to the dispute. Therefore objection raised
by 2nd party that Union Secretary has no locus cannot be
said vital as workman himself was party to the conciliation
proceeding and in reference order, his name is included.
7. In his further cross-examination workman says the
Bank employees are appointed as per the rules. He was not
given appointment letter. He admits that he was paid wages
for the work he was engaged. He was engaged as per
exigencies. Affidavit dated 18.10.97 was referred to the
witness, it is marked Exhibit W-2. In cross-examination of
workman, it was not challenged that he worked more than
240 days by 2nd party.
8. Management filed affidavit of its witness Shri Yogesh
Chouvan. The affidavit of witness of management is in
nature of denial of contentions of workman about his
working and compled service more than 240 days is denied
by the witness. In his cross-examination, management's
witness says during 1995 to 1997, he was not working at
Ujjair. He had not received information about Ist party
workman from Branch Manager working in 95—97. He was
not produced documents alongwith affidavit. Rather the
management's witness claims that he had seen documents
in the file. He was unable to tell how many post of peon
were sanctioned in Freeganj branch. He claims ignorance
about promotion of Shri Harish and Virendra form peon
to clerk. He also claims ignorance about illness of other
peon Kishore who was working in his place. The area of
the building of the bank is 5000 sq. ft. Process was
followed before engaging workman, management has no
knowledge. Workman was not paid retrenchment
compensation. Termination notice was not issued to him.
The evidence of workman about completing 240 days
continous service preceding his termination remained
unchallenged. The evidence of management's witness shows
that he has no personal knowledge of any of the matter.
He had not even discussed matter with Branch Manager
working at relevant time. If the evidence of both parties is looked
into, he evidence of Ist party workman is cogent and reliable
than evidence of management's witness. From evidence of
workman, it is clear that he completed more than 240 days
preceding 12 months of his termination. His services were
[Hkkx II—[k.M 3 (ii)]
Hkkjr dk jkti= % vxLr 1] [email protected] 10] 1937
3261
terminated without notice, retrenchment compensation
was not paid to him. Thus termination of service of
workman is illegal for violation of Section 25-F of ID
Act. Therefore I record my finding in Point No. 1 in
Negative.
9. Point No. 2—In view of finding in Point No. 1,
termination of workman is illegal question remains for
decision is whether workman is entitled for reinstatement
with backwages. On the point, learned counsel for 2nd
party relies on ratio held in—
Case of Mahboob Deepak versus Nager Panchayat,
Gajraula and another reported in 2008(I) SCC 575. Their
Lordship dealing with point held regularization not
sustainable. Having regard to the fact that he had completed
240 days of work ande required compliance with the
provisions of Section 6 N of UN Industrial Disputes Act,
the workmen should be granted adequated monetary
compensation. Compensation of Rs. 50,000 was allowed.
In present case, workman was working 2nd party from
23-1-95. His services were orally terminated without notice
on 8-12-97.
Workman was working about 2 years with 2nd party.
Compensation Rs. 60,000/- would be reasonable.
In case of Bharat Sanchar Nigam Ltd versus Mansingh
reported in 2012 (132) FLR 500. Their Lordship dealing with
termination in violation of Section 25-F of ID Act allowed
compensation Rs. 2 Lakh set aside the order of
reinstatement observing that daily wager does not hold
post and not a permanent employee.
In above cited case, the order of reinstatement was set-
aside and compensation was awarded. In present case,
considering Ist party workman worked about 2 years,
compensation Rs. 60,000 would be appropriate. The copies
of award submitted by Shri R. Nagwanshi Union
Representative in R/180/00, R/4/07 & 105/03. Each case
needs to be decided on evidence adduced by parties. The
award are not binding president. In my view, compensation
Rs. 60,000 would be appropriate. Accordingly I record my
finding in Point No. 2.
10. In the result, award is passed as under:—
(1) The action of the management of State Bank of
Indore in terminating the services of Shri Rakesh
Raikwar w.e.f. 8-12-97 is not proper.
(2) 2nd party is directed to pay compensation
Rs. 60,000 to the workman.
Amount as per above order shall be paid to workman
within 30 days from the date of notification of award. In
case of default, amount shall carry 9% interest per annum
from the date of award till its realization.
R.B. PATLE, Presiding Officer
ubZ fnYyh] 28 tqykbZ] 2015
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[lañ ,y&12012@78@2008&vkbZ vkj ¼ch&I½]
lqefr ldykuh] vuqHkkx vf/kdkjh
New Delhi, the 28th July, 2015
S.O. 1542.—In pursuance of Section 17 of the Industrial
Disputes Act, 1947 (14 of 1947), the Central Government
hereby published the Award (Ref. 15/2009) of the Ernakulam
as shown in the Annexure in the Industrial dispute between
the management of State Bank of Travancore and their
workman, received by the Central Government on 28/07/
2015.
[No. L-12012/78/2008-IR(B-I)
SUMATI SAKLANI, Section Officer
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT
INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,
ERNAKULAM
Present: Shri. D. Sreevallabhan, B.Sc. LL.B,
Presiding Officer
(Friday the 30th day of March, 2012/10th Chaithram,
1934)
I.D. 15/2009
Workman
:
Shri V. Purushothaman Potti,
Sree Illom, SRP Market P.O.,
Karunagapally,
Distt. Kollam (Kerala).
By Adv. Shri. M.V. Ashim
Management :
The Managing Director,
State bank of Travencore,
Head Office, Poojappura,
Thiruvananthapuram
By Adv. Shri P. Ramakrishnan
This case coming up in Adalat on 30.03.2012, this
Tribunal-cum-Labour Court on the same day passed the
following:
AWARD
This is a reference made under Section 10(1)(d) of
Industrial Disputes Act, 1947.
3262
THE GAZETTE OF INDIA : AUGUST 1, 2015/SRAVANA 10, 1937
[PART II—SEC. 3 (ii)]
2. The reference is:
"Whether the action of the management of State
Bank of Travancore in imposing punishment of
discharging Shri. V.N. Purushothaman Potti w.e.f.
31.03.2008, is legal and justified? To what relief the
concerned workman is entitled?"
3. When the matter came up for evidence learned counsel
for both sides submitted that there is chance for settlement
and thereby the case was taken up in the Lok Adalat. A full
and final settlement was arrived at in the Lok Adalat. Hence
an award can be passed in terms of the settlement.
In the result an award is passed in terms of the settlement
which forms part of the award.
The award will come into force one month after its
publication in the Official Gazette.
D. SREEVALLABHAN, Presiding Officer
APPENDIX—NIL
IN THE CENTRAL GOVERNMENT INDUSTRIAL
TRIBUNAL-CUM-LABOUR COURT, ERNAKULAM
ID 15/2009
The matter was taken up in Lok Adalat and the parties
agreed to settle the dispute on the following terms:—
The above Industrial dispute has been raised by
Shri V.N. Purushothaman Potti disputing the punishment
of discharge imposed on him w.e.f. 08.01.2001. The matter
was taken up in Lok Adalat and after a series of negotiations
the parties have decided to settle the dispute on the
following terms.
1. Shri Purushothaman Potti agrees to accept the
punishments imposed on him vide order No. DGM
(1)/DPS/290 dated 08.01.2001.
2. In view of acceptance of punishement
management has agreed to pay Pensionary
benefits payable to Shri V.N. Purushothaman
Potti at full rate with arrears of Pension from
the date of his termination.
3. The management agrees to pay Gratuity payable
to Shri Purushothaman Potti i.e., Rs. 66,984/-
(Rupees Sixty six thousand nine hundred and
eighty four only) to him with 10% interest.
4. Shri Purushothaman Potti admits that he has
received Provident Fund benefits payable to him
as per PF Rules.
5. The management further agrees to sanction
Pension
commutation
benefits
to
Shri Purushothaman Potti upon submission of
Medical Certificate from Competent Authority.
Apart from the receipt of the above mentioned
benefits Shri Purushothaman Potti will not have
any claim for employment or any other monetary
claims against the management.
Agreeing to the above terms both parties have agreed
this Memorandum of settlement.
Dated this the 30th day of March, 2012.
Worker: Sd/-
Management: Sd/-
Counsel of Union: Sd/-
Counsel for Management: Sd/-
Sd/-
Mediator
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[lañ ,y&12012@189@97&vkbZ vkj ¼ch&1½]
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New Delhi, the 28th July, 2015
S.O. 1543.—In pursuance of Section 17 of the Industrial
Disputes Act, 1947 (14 of 1947), the Central Government
hereby publishes the Award (Ref. 69/98) of the Central
Government Industrial Tribunal-cum-Labour Court,
Jabalpur now as shown in the Annexure, in the Industrial
Dispute between the management of Nimar Kshetriya
Gramin Bank and their workmen, received by the Central
Government on 28/07/2015.
[No. L-12012/189/97-IR(B-I)]
SUMATI SAKLANI, Section Officer
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT
INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,
JABALPUR
NO. CGIT/LC/R/69/98
Shri Jagdish Rokade,
Legal Advisor,
Nimar Kshetriya Gramin Bank workers Organisation,
Khargone (MP)
......Workman
Versus
Chairman,
Nimar Kshetriya Gramin Bank,
Ratan Nagar Colony,
Khargone (MP)
....Management
[Hkkx II—[k.M 3 (ii)]
Hkkjr dk jkti= % vxLr 1] [email protected] 10] 1937
3263
AWARD
Passed on this 6th day of July, 2015
1. As per letter dated 2-3/4/98 by the Government of
India, Ministry of Labour, New Delhi, the reference is
received. The reference is made to this Tribunal under
Section-10 of I.D. Act, 1947 as per Notification No. L-12012/
189/97-IR(B-I). The dispute under reference relates to:
"Whether the action of the management of Nimar
Kshetriya Gramin Bank (merged in Narmada Malwa
Gramin Bank) in not regularizing Shri Firdos Shekh is
justified? If not, to what relief the workman is entitled
for?"
2. After receiving reference, notices were issued to the
parties. Ist party workman submitted statement of claim at
Page 9/1 to 9/4. Case of workman is that he was engaged as
part time messenger in Niwad Chatriya Gramin Bank.
Khargaon from October, 1988. He was appointed as peon,
he started working from 1-11-88 as daily wage employee.
He was discharging his duties occasionally. After his
appointment, he was working in head office and branch
office of 2nd party from 1-11-88. He had submitted number
of applications for his regularization. No reply was received
from 2nd party. He was continuously working on the post
of labour on daily wages for period of 8 years. 2nd party
has not regularised his services. As per letter dated
10-4-92, he appeared for interview for regularization on the
post of messenger. However he was not regularised inspite
of vacant post in head office and the branch offices.
3. Workman reiterates that he was performing duty of
messenger on daily wages regularly, honestly since
1-11-88 while performing his duties as daily wage messenger,
workman was receiving salary according to rules that
workman has worked on the post of 4th grade on 12-8-88,
he submitted application for regularization by RPAD
alongwith documents. Copy of said application was also
submitted in Head office. It was acknowledged by Head
office on 27-8-98. There was no adverse remark against
him during his entire service tenure. Workman undertook
to perform his duty regularly to the best of his efficiency.
That he is married, having wife and a son of 2 year age,
younger sister and one brother are dependent on him. he is
only earning member in the family. On such ground, workman
prays for regularization of his service.
4. 2nd party filed Written Statement opposing claim of
the workman. 2nd party submits that workman was engaged
on daily wages as casual labour. The payment was incurred
by Manager and get its reimbursement from Bank. Ist party
was not in continuous employment of the Bank. Workman
was engaged on daily wages as per exigencies of work.
He was not appointed following procedure for
appointment. That daily wager has not right to the post.
The engagement of daily water is subject to availability
of work. He may be provided work on next day if work is
available. Workman was not obliged to report on duty next
day as his engagement used to be for a particular day.
Regular appointments are required to be made according
to the rules. Workman is not entitled for regularisation
of his service. 2nd party has referred to ratio held in case
of Umadevi reported in 2006(4) SCC-1 emphasizing that
appointment in violation of rules cannot be regularised.
There is no fundamental right to persons employed on
daily wages temorarily on contract basis. If it is contractual
appointment, it comes to end at end of the contract. The
engagement on daily wages or casual basis, it comes to
end when discontinued. The temporary employee could
not claim permanency after expiring of its term. In pursuance
of ratio held in Umadevi's case, workman is not entitled to
any relief. On assuming Ist party worked for 240 days in a
calendar year preceding his non-engagement, he is not
entitled to any relief.
5. 2nd party did not dispute contents of Para-1, 2 of
Statement of claim. 2nd party denied that workman was
appointed on post of peon and he was in regular bank
service. It is reiterated that workman was engaged on daily
wages. He was not in regular employment of the Bank. In
pursuant of settlement dated 8-2-92, Ist party workman
was called for interview allowing him charge of permanent
appointment in the bank. Out of 8 post, 2 post were reserved
for SC ST each, 4 posts were filled from General candidates.
Ist party workman was at Sl. No. 6 of the merit list. There
were only 4 posts for General candidates, workman could
not be appointed. Workman has no right for regularization.
It is claimed that workman was paid salary for the post of
messenger. Whenever workman was engaged on daily
wages, he was paid the wages. He did not worked on post
of 4th grade neither salary of said post was paid to him.
Workman is not entitled to any relief.
6. Workman submitted rejoinder contending that Written
Statement filed by 2nd party is baseless.
7. Considering pleadings on record, the points which
arise for my consideration and determination are as under.
My findings are recorded against each of them for the
reasons as below:—
(i)
Whether the action of the
In Negative
management of Nimar Kshetriya
Gramin Bank (merged
in Narmada Malwa Gramin Bank) in
not regularizing Shri Firdos
Shekh is justified?
(ii)
If not, what relief the
As per final order.
workman is entitled to?"
REASONS
8. As per terms of reference, denial of regularization
to the workman is in dispute. Workman filed affidavit of
3264
THE GAZETTE OF INDIA : AUGUST 1, 2015/SRAVANA 10, 1937
[PART II—SEC. 3 (ii)]
his evidence in support of his claim. In his affidavit of
evidence, workman has stated that from 1-11-88 till August
96, he was engaged as permanent peon. After he raised
dispute, he was terminated from service. As per directions
given by ALC in conciliation proceeding, he was again
engaged as Badli peon form 13-1-97. He was paid wages
in cash by Branch Manager. He was getting its
reimbursement from the Bank. The dispute regarding
termination of his service is raised for which R/69/98 is
registered. 2nd party Bank is renamed as Narmada Malwa
Gramin Bank, his services were terminated without notice
on 15-12-09. He was not served with notice, retrenchment
compensation was not paid to him in his cross-
examination, workman says on his application, he was
called for interview on 10-4-92. It is specifically written
in his statement of claim, he attended the interview, 5
persons were interviewed with him. Shri Jagnu Verma and
5 other person are appointed. He did not recollect other's
name. Evidence of workman about his engagement form
1-11-86 to August, 96 after he raised the dispute, he was
again employed in service from 13-1-97. His services
were terminated without notice on 15-12-09 remained
unchallenged. His evidence that he was not paid
retrenchment compensation also remained unchallenged.
9. Management filed affidavit of witness Shri Ashok
Patidar. Management's witness in his afffidavit says that
workman was engaged purely as casual labour. He was not
in continuous employment of the Bank. That Dinesh
Bhavsar, Jagrup Verma and Jagdish Chandra Chouhan
working on part time basis raised dispute before Labour
Commissioner, Indore. The dispute was settled between
parties. Vank agreed to identify and consider those persons
for permanent recruitment with due regard to the reservation
for SC/ST candidates. In said settlement, Bank invited
vacancies of part time messengers, interviews were held
on 21-4-92. 25 persons participated, out of which 3 were
SC, 5 ST and 17 candidates of General Category. Workman
was also called for interview. He belongs to General
Category. Ist party workman was placed at Sl.No. 7 of the
select list. As vacancies of permanent appointment were
not available, workman could not be engaged. The affidavit
of management's witness is further devoted that
engagement of workman on daily wages ended at end of
the day. The appointments are to be made according to the
rules. The candidates found suitable were given
appointment. Principles of last come first go could not be
applied. In his cross-examination, management's witness
says he is working in the Bank from 1985. Presently he
works in HRD department at Indore. Ist party workman
worked for some days in the branch. His affidavit is
prepared as per record. However any document related to
workman is not produced. Workman was engaged as
casual labour for cleaning/sweeping work. The selection
process was not followed before his appointment.
Appointment letter was not given to him. Workman was
paid wages by Branch Manager. The amount was
reimbursed to the Branch Manager earlier the Bank was
known as Nimar Regional Bank. Name of workman was
not written about payment of wages. Any document is not
maintained w.r.t. engagement of casual labours. No
permission for engaging casual labours is required. The
vouchers Exhibit W-7 to W-13 are admitted by the witness
of the management. Workman was not paid retrenchment
compensation, notice of termination was not issued to
him.
10. Turning to the documents produced on record,
Exhibit W-1 is application submitted by workman dated
8-10-90 narrating the details including his Registration No.
in Employment Exchange office, his education 8th standard
pass. Exhibit W-2 is also his application dated 10-10-91
claiming posting as messenger. He has stated that he was
working continuously from Nov.-88 to Jan-89, February 89
to June 99 at Khangone branch as per exigencies. Exhibit
W-3 is application submitted by workman for post of part
time messenger narrating same working period. Exhibit
W-4 is interview call given to the workman. He was called
for interview on 21-4-92. Exhibit W-5 is letter issued by
management dated 4-4-92 that the workman was directed
to produce documents about his educational qualification,
caste certificate at the time of interview. Exhibit W-6 is
application submitted by workman. His working days in
Head office from 1988 to 1996 are shown 500 days, at
Khargone branch for 625 days total 1125 days. In the year
1989, he had worked for 302 days, in 1995 for 230 days,
during rest of the year his working days are shown 166
days and less than it. The workman was interviewed on
21-4-92 still he was engaged on daily wages in the year
1996.
11. Documents produced by management Exhibit M-1
is list of candidates participating in the interview. The name
of Ist party workman is appearing at Sl.No. 36 under the
Head candidates working since 1985 to 1987. In Exhibit
M-2 select list name of workman is appearing at Sl.No. 46.
His date of birth is shown 28-6-65, educational
qualification 11th pass in open category, the marks secured
is 161. In Exhibit M-3, list of General Candidates, name
of workman is appearing at Sl.No. 7. In evidence of
management's witness in cross-examination shown that
workman worked with the Bank as casual labour time to
time for sweeping work. The selection process was not
followed is contrary to the documents Exhibit M-1 to M-
3. When workman was called for interview for absorbing
on the post of messenger, any documents are not produced
for how many vacant post the selection process was
carried. The evidence of management's witness that
selection process was carried for 8 post, 2 post each is
reserved for SC, ST and 4 posts for general category, no
document is produced on record. Exhibit W-7 is copy of
W-6. Number of working days shown are similar. Exhibit
W-8 is letter given by President of the Bank dated 21-1-
[Hkkx II—[k.M 3 (ii)]
Hkkjr dk jkti= % vxLr 1] [email protected] 10] 1937
3265
97. Information was received that workman was working
on daily wages from 13-1-97. Said information was
submitted to the Regional Manager of Bank. Exhibit W-9
is application submitted by workman on 8-7-13 alleging
violation of the settlement. Exhibit W-10 is copy of failure
report submitted by ALC to Government on 25-4-97. Exhibit
W-11 is copy of order of reference. W-12 is copy of
notification issued by Central Government on 3-4-06.
Payment vouchers Exhibit W-13 shows workman was paid
Rs. 897/- On 29-9-09. When workman has participated in
selection process, he was interviewed, he stood at
Sl.BNo. 7 of open category. The evidence of
management's witness is silent what was reference of that
select list, no evidence is adduced about vacant post which
were to be filled. Evidence of management's witness for
post of open category is not supported by any document.
Even after workman was interviewed in 1992, if he was
not found suitable still he was continued on daily wages
till 1996 and again from 1997 to 2009. If evidence is
carefully appreciated, it is clear that workman was kept
on daily wages for year together. Unfair labour practice
under Schedule V, Item 10 provivides—
"To employ workmen as badlis, casuals or temporaries
and to continue them as such for years, with the object of
depriving them of the status and privileges of permanent
workmen."
12. 2nd party has not pleaded or adduced evidence
about vacant post after 1992 and the appointments made
after 1992 to 1996. The evidence clearly make out act of
continuing Ist party workman as temporary is unfair labour
practice. Said act of 2nd party is not justified. For above
reasons, I record my finding in Point No. 1 in Negative.
13. Point No. 2—In view of my finding in Point No. 1 act
of 2nd party continuing workman temporary for years
together is illegal. However the evidence on record shows
during pendency of present reference, the service of
Ist party workman were terminated in 2009. The workman
has raised dispute bearing No. 82/2011. Accordingly I record
my finding in Point No. 2.
14. In the result, award is passed as under:—
(1) The action of the management of Nimar Kshetriya
Gramin Bank (merged in Narmada Malwa Gramin
Bank) in not regularizing Shri Firdos Shekh is not
proper and legal.
(2) Workman is entitled for regularization from date
of order of reference i.e. 2-4-98. Parties to bear
their costs.
R.B. PATLE, Presiding Officer
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