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

lañ 32]

ubZ fnYyh] vxLr 2 — vxLr 8] 2015] 'kfuokj@ Jko.k 11—Jko.k 17] 1937

No. 32] NEW DELHI, AUGUST 2 — AUGUST 8, 2015, SATURDAY/SRAVANA 11—SRAVANA 17, 1937

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

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=ky;ksa ¼j{kk ea=ky; dks NksM+dj½ }kjk tkjh fd, x, lkafof/kd vkns'k vkSj vf/klwpuk,a

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

(Other than the Ministry of Defence)

foÙk ea=ky;

¼foÙkh; lsok,a foHkkx½

ubZ fnYyh] 22 twu] 2015

dk-vk- 1544.—Hkkjrh; fjtoZ cSad vfèfu;e] 1934

¼1934 dk 2½ dh èkjk 8 dh mi&èkjk ¼1½ ds [kaM ¼?k½ }kjk iznÙk

'kfDr;ksa dk iz;ksx djrs gq,] dsUnzh; ljdkj] ,rn~}kjk] Jh vt; R;kxh]

vij lfpo ¼fuos'k½] vkfFkZd dk;Z foHkkx] foÙk ea=ky; dks rRdky

izHkko ls vkSj vxys vkns'k gksus rd] Jh jktho egf"kZ ds LFkku ij

Hkkjrh; fjtoZ cSad ds dsUnzh; cksMZ esa funs'kd ukfer djrh gSA

[Qk- la- 7@2@2012&chvks&I]

fot; eYgks=k] voj lfpo

MINISTRY OF FINANCE

(Department of Financial Services)

New Delhi, the 22nd June, 2015

S.O. 1544.—In exercise of the powers conferred by

clause (d) of Sub-section (1) of Section 8 of the Reserve

Bank of India Act, 1934 (2 of 1934), the Central Government

hereby nominates Shri Ajay Tyagi, Additional Secretary

(Investment), Department of Economic Affairs, Ministry of

Finance, to be a Director on the Central Board of Directors

of Reserve Bank of India with immediate effect and until

fruther orders.vice Shri Rajiv Mehrishi.

[F. No. 7/2/2012-BO-I]

VIJAY MALHOTRA, Under Secy.

ubZ fnYyh] 6 tqykbZ] 2015

dk-vk- 1545.—jk"Vªh; cSad ¼izcaè ,oa izdh.kZ micaè½ Ldhe]

1970@1980 ds [kaM 3 ds mi&[kaM ¼1½ ds lkFk ifBr cSaddkjh

daiuh ¼miØeksa dk vtZu ,oa varj.k½ vfèfu;e] 1970@1980 dh

èkjk 9 dh mi&èkjk 3 ds [kaM ¼x½ }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs

gq,] dsUnzh; ljdkj] ,rn~}kjk] uhps nh xbZ lkj.kh ds dkye ¼3½ esa

fofufnZ"V O;fDr; dks mDr lkj.kh ds dkye ¼2½ esa fofufnZ"V O;fDr

ds LFkku ij dkye ¼1½ esa fofufnZ"V ;wfu;u cSad vkWQ bafM;k esa

rRdky izHkko ls vkSj vxys vkns'k gksus rd] funs'kd ukfer djrh

gS%—

3223GI/2015

(3267)

3268

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVAN A 17, 1937

[PART II—SEC. 3 (ii)]

Øe

cSad dk uke

orZeku funs'kd dk

izLrkfor O;fDr dk uke

la-

uke

1

2

3

4

1-

;wfu;u cSad vkWQ bafM;k

Jh nhid fla?ky]

Jh ,- ds- feJk] eq[; egkizcaèd] tksf[ke fuxjkuh foHkkx]

ihlhth,e ,oa vkjMh]

Hkkjrh; fjtoZ cSad] Hkw&ry] xkes±V gkÅl] oyhZ]

fnYyh

eqEcbZ&400 018

[Qk- la- 6@3@2011&chvks&I]

fot; eYgks=k] voj lfpo

New Delhi, the 6th July, 2015

S.O. 1545.—In exercise of the powers conferred by

clause (c) of sub-section (3) of Section 9 of the Banking

Companies (Acquisition & Transfer of Undertakings) Act,

1970/1980 read with sub-clause (1) of clause 3 of The

Nationalized Banks (Management & Miscellaneous

Provisions) Scheme, 1970/1980, the Central Government,

hereby nominates the persons specified in column (3) of

the table below as Director of Union Bank of India specified

in column (1) thereof in place of the person specified in

column (2) of said Table, with immediate effect and until

further orders:—

Sl.

Name of

Name of the

Name of the Persons

No.

the Bank

Existing Director

proposed

(1)

(2)

(3)

(4)

1.

Union

Shri Deepak

Shri A. K. .Mishra, CGM, Risk

Bank of

Singhal, PCGM

Monitoring Department,

India

& RD, Delhi

Reserve Bank of India,

Ground Floor, Garment

House, Worli

Mumbai-400 018

[F.No. 6/3/2011-BO-I]

VIJAY MALHOTRA, Under Secy.

ubZ fnYyh] 7 tqykbZ] 2015

dk-vk- 1546.—jk"Vªh; vkokl cSad vfèfu;e] 1987 ¼1987

dk 53½ dh èkjk 6 dh mi&èkjk ¼2½ ,oa èkjk 7 dh mi&èkjk ¼1½

ds lkFk ifBr èkjk 6 dh mi&èkjk ¼1½ ds [kaM ¼d½ }kjk iznÙk

'kfDr;ksa dk iz;ksx djrs gq,] dsUnzh; ljdkj] ,rn~}kjk] Jh Jhjke

dY;k.kjeu ¼tUe frfFk% 28-03-1863½ dks in dk dk;ZHkkj xzg.k

djus dh rkjh[k ls ikap o"kks± dh vofè ds fy, vFkok vxys vkns'kksa

rd] tks Hkh igys gks] 75]500&80]000@& #i, ds osrueku esa jk"Vªh;

vkokl cSad ds izcaè funs'kd ,oa eq[; dk;Zdkjh vfèdkjh ds :i esa

fu;qDr djrh gSA

[Qk- la- 7@9@2013&chvks&I]

fot; eYgks=k] voj lfpo

New Delhi, the 7th July, 2015

S.O. 1546.—In exercise of the powers conferred by

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

sub-section (2) of Section 6 of and sub-section (1) of Section

7 of the National Housing Bank Act, 1987 (53 of 1987), the

Central Government hereby appoints Shri Sriram

Kalyanraman (DoB: 28.03.1963) as Managing Director &

Chief Executive Officer, National Housing Bank in the scale

of pay of Rs. 75,500-80,000/- for a period of five years with

effect from the date of his assumption of charge of the

post, or unitl further order, whichever is earlier.

[F.No. 7/9/2013-BO-I]

VIJAY MALHOTRA, Under Secy.

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

¼dkfeZd vkSj izf'k{k.k foHkkx½

ubZ fnYyh] 27 tqykbZ] 2015

dk-vk- 1547.—dsUnzh; ljdkj vkradoknh vkSj fo?kVudkjh

xfrfofè ¼fuokj.k½ vfèfu;e 1987 ¼1987 dk vfèfu;e la[;k

28½ dh èkjk 13 dh mi&èkjk ¼1½ }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs

gq, mDr vfèfu;e ds varxZr mÙkj izns'k jkT; esa mijksDr vfèfu;e

dh èkjk 9 ds varxZr xfBr ukfer U;k;ky;] dkuiqj esa fnYyh fo'ks"k

iqfyl laBxu }kjk tkap fd, x, ekeyk la[;k vkjlh

10¼,l½@1993&,llh;w&V@,llh&II@lhchvkbZ@ubZ fnYyh ¼,y Mh

vjksMk eMZj dsl½ vkSj mlls tqM+s vFkok mlds lkFk ?kfVr vU;

ekeyksa dks lapkfyr djus ds fy, ,rn~}kjk Jh dqekj jtr] yksd

vfHk;kstd dks fo'ks"k yksd vfHk;kstd ds :i esa fu;qDr djrh gSA

[Qk- la- 225@43@2014&,ohMh&II]

vthr dqekj] voj lfpo

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES

AND PENSIONS

(Department of Personnel and Training)

New Delhi, the 27th July, 2015

S.O. 1547.—In exercise of the powers conferred by

sub-section (1) of sub-section 13 of the Terrorist and

Distruptive Activities (Prevention) Act, 1987, (Act No. 28

of 1987), the Central Government hereby appoints Shri

Kumar Rajat, Public Prosecutor, CBI as Special Public

Prosecutor for conducting trial of RC 10(S)/1993/SCU.V/

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vxLr 8] [email protected] 17] 1937

3269

CBI/SPE/New Delhi (L.D. Arora murder case) in the

Designated Court at Kanpur (Uttar Pradesh) constituted

under the provisions of Section 9 of the Terrorist and

Disruptive Activities (Prevention) Act, 1987 and Appeals/

Revisions in Appellate/Revisional Court and any other

matter connected therewith or incidental thereto.

[F. No. 225/43/2014-AVD-II]

AJIT KUMAR, Under Secy.

ubZ fnYyh] 30 tqykbZ] 2015

dk-vk- 1548.—dsUnz ljdkj ,rn~}kjk fnYyh iqfyl LFkkiuk

vfèfu;e] 1946 ¼1946 dk vfèfu;e la[;k 25½ dh èkjk 3 }kjk

iznÙk 'kfDr;ksa dk iz;ksx djrs gq, fuEufyf[kr vijkèksa dks fnYyh

fo'ks"k iqfyl LFkkiuk }kjk tkap gsrq fofufnZ"V djrh gS uker%µ

¼d½ ¼e/; izns'k½ ekU;rkizkIr ijh{kk vfèfu;e] 1937 ¼1937

dk e/; izns'k vfèfu;e la- 10½ ds vèhu fd, x,

naMuh; vijkè rFkk

¼[k½ mi;qZDr vijkè ,oa mlh laO;ogkj esa fd, x, vFkok mUgha

rF;ksa ls mRiUu fdlh vU; vijkè ;k vijkèksa esa fd, x,

iz;kl] nq"izsj.kk,a vkSj "kM~;a=A

[Qk- la- 228@31@2015&,ohMh&II]

vthr dqekj] voj lfpo

New Delhi, the 30th July, 2015

S.O. 1548.—In exercise of the powers conferred by

Section 3 of the Delhi Special Police Establishment Act,

1946 (Act No. 25 of 1946), the Central Government hereby

specifies the following offences to be investigated by the

Delhi Special Police Establishment namely:—

(a) Offences punishable under The (Madhya

Pradesh) Recognized Examinations Act, 1937

(Madhya Pradesh Act No. X of 1937) and

(b) Attempts, abetments and conspiracies in relation

to or in connection with the above mentioned

offences and any other offence or offences

committed in course of the same transaction or

arising out of the same facts.

[F. No. 228/31/2015-AVD-II]

AJIT KUMAR, Under Secy.

ubZ fnYyh] 30 tqykbZ] 2015

dk-vk- 1549.—dsUnzh; ljdkj] fnYyh fo'ks"k iqfyl LFkkiu

vfèfu;e] 1946 ¼1946 dk vfèfu;e la- 25½ dh èkjk 6 ds lkFk

ifBr èkjk 5 dh mi&èkjk ¼1½ n~okjk iznÙk 'kfDr;ksa dk iz;ksx djrs

gq, >kj[k.M jkT; ljdkj] x`g foHkkx] jkaph dh lgefr ls fnukad

19-05-2015 dh vfèlwpuk la- 10@lhchvkbZ&604@2014&2995 ds

rgr Hkkjrh; naM lafgrk] 1860 ¼1860 dk vfèfu;e la[;k 45½ dh

èkjk 420] 467 vkSj 468 ds varxZr dksrokyh ¼fgan ih<+h½ iqfyl

LVs'ku esas fnukad 07-09-2014 ds ekeyk la- 797@2014 ds vèhu

Hkkjrh; n.M lafgrk] 1860 ¼1860 dk vfèfu;e la- 45½ dh èkjk

212 ds vèhu dksrokyh ¼fgan ih<+h½ iqfyl LVs'ku ds fnukad

07-09-2014 ds ekeyksa la- 799@2014 esa mijksDr vijkèksa ds lacaè

esa mdlkus vkSj "kM~;a= ds vUos"k.k ds fy, fnYyh fo'ks"k iqfyl

LFkkiu ds lnL;ksa dh 'kfDr;ksa vkSj U;k;kfèdkj {ks= dk foLrkj laiw.kZ

>kj[k.M jkT; ij djrh gSA

[Qk- la- 228@60@2014&,ohMh&II]

vthr dqekj] voj lfpo

New Delhi, the 30th July, 2015

S.O. 1549.—In exercise of the powers conferred by

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

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

the Central Government with the consent of the State

Government of Jharkhand, Home Department, Ranchi vide

Notification No. 10/C.B.I.-604/2014-2995 dated 19.05.2015,

hereby extends the powers and Jurisdiction of the members

of the Delhi Special Police Establishment to the whole of

the State of Jharkhand for investigation in the Kotwali

(Hind Pidhi) Police Station Case No. 797/2014 dated

07.09.2014 under sections 420, 467 and 468 of the Indian

Penal Code, 1860 (Act No. 45 of 1860) and Kotwali (Hind

Pidhi) Police Station Case No. 799/2014 dated 07.09.2014

under section 212 of the Indian Penal Code, 1860 (Act No.

45 of 1860), the abetment and conspiracy in relation to the

above mentioned offences.

[F. No. 228/60/2014-AVD-II]

AJIT KUMAR, Under Secy.

ubZ fnYyh] 30 tqykbZ] 2015

dk-vk- 1550.—dsUnzh; ljdkj] fnYyh fo'ks"k iqfyl LFkkiu

vfèfu;e] 1946 ¼1946 dk vfèfu;e la- 25½ dh èkjk 6 ds lkFk

ifBr èkjk 5 dh mi&èkjk ¼1½ n~okjk iznRr 'kfDr;ksa dk iz;ksx djrs

gq, jktLFkku ljdkj] x`g ¼lewg&V½ foHkkx] t;iqj dh lgefr ls

fnukad 21-10-2014 dh vfèlwpuk la- ,Q- 19¼99½ x`g&5@2014

n~okjk v'kksd uxj] iqfyl LVs'ku] ftyk t;iqj nf{k.k esa Hkkjrh; naM

lafgrk] 1860 ¼1860 dk vfèfu;e la[;k 45½ dh èkjk 420] 467]

468] 471 rFkk 120&[k ds vèhu fnukad 10-06-2014 dks iathd`r

,QvkbZvkj 256@2014 vkSj mDr ekeys esa ?kfVr vU; fdlh vijkè

ds vUos"k.k ds fy, ,rnn~okjk fnYyh fo'ks"k iqfyl LFkkiu ds lnL;ksa

dh 'kfDr;ksa vkSj U;k;kfèdkj {ks= dk foLrkj laiw.kZ jktLFkku jkT; ij

djrh gSA

[Qk- la- 228@73@2014&,ohMh&II]

vthr dqekj] voj lfpo

New Delhi, the 30th July, 2015

S.O. 1550.—In exercise of the powers conferred by

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

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

the Central Government with the consent of the State

3270

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVAN A 17, 1937

[PART II—SEC. 3 (ii)]

Government of Rajasthan, Home (Gr. V) Department, Jaipur

vide Notification No. F.19(99) Home-5/2014 dated

21.10.2014, hereby extends the powers and Jurisdiction of

the members of the Delhi Special Police Establishment to

the whole of the State of Rajasthan for investigation of FIR

No. 256/2014 dated 10.06.2014 under Sections 420, 467, 468,

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

¼miHkksDrk ekeys foHkkx½

¼Hkkjrh; ekud C;wjks½

ubZ fnYyh] 16 tqykbZ] 2015

dk-vk- 1551.—Hkkjrh; ekud C;wjks ¼izek.ku½ fofu;e 1988 ds fofu;e 6 ds mifu;e ¼3½ ds vuqlj.k esa Hkkjrh; ekud C;wjks ,rnn~okjk

uhps vuqlwph esa fn, x, mRiknksa dh eqgjkadu 'kqYd vfèlwfpr djrk gS%

vuqlwph

Hkkjrh;

Hkkx

vuq-

o"kZ

mRikn

bdkbZ

U;wure eqgjkadu 'kqYd

bdkbZ nj

LySc esa

'ks"k

izpkyu frfFk

ekud

Hkkx

cMs iSekus

NksVs iSekus

LySc 1

bdkbZ;ka

la[;k

ij

ij

¼#-½

6419

&

&

1996

lajpuk bLikr dh xSl ifjjf{kr

fdyks

1]79]000-00

1]43]200-00

0-12

lHkh

&

22&06&2015

vkdZ osfYMax ds fy;s osfYMax

xzke

NMsa+ vkSj vukozr bysDVªksM&

fof'kf"V

[lanHkZ% lh,eMh&2@16%6419]

th- xw:pju] egkfuns'kd

MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION

(Department of Consumer Affairs)

(BUREAU OF INDIAN STANDARDS)

New Delhi, the 16th July, 2015

S.O. 1551.—In pursuance of sub-regulation (3) of regulation 6 of the Bureau of Indian Standards (Certification)

Regulations 1988, the Bureau of Indian Standards, hereby notifies the Marking fee for the products given in the

schedule:

SCHEDULE

Sl No. Part

Sec

Year

Product

Units

Minimum Marking Fee

Unit

Units

Remai

Effective

Rate

in

-ning

Date

Large

Small

Slab

Slab-

Scale

Scale

-1

1

6419 -

-

1996

Welding Roads and

KG

1,79,000.00 1,43,200.00

0.12

All

-

22-06-2015

Bare Electrodes for Gas

Shielded Arc Welding

of Structral Steels-

Specification

[Ref : CMD-2/16:6419]

G. GURUCHARAN, Director General

471 and 120-B of the Indian Penal Code, 1860 (Act No. 45 of

1860) registered at Police Station, Ashok Nagar, District

Jaipur South or any other offences committed in the course

of the same transaction arising out of the said case.

[F. No. 228/73/2014-AVD-II]

AJIT KUMAR, Under Secy.

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vxLr 8] [email protected] 17] 1937

3271

oL= ea=ky;

ubZ fnYyh] 3 vxLr] 2015

dk-vk- 1552.—dsUnzh; ljdkj] ¼la?k ds 'kkldh; iz;kstuksa ds

fy,½ jktHkk"kk fu;e] 1976 ds fu;e 10 ds mifu;e ¼4½ ds

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

ftlds 80- ls vfèd deZpkfj;ksa us fganh dk dk;Zlkèd Kku izkIr

dj fy;k gS] dks vfèlwfpr djrh gS%

Hkkjrh; dikl fuxe fyfeVsM]

Hkouukjk;.k fuy;e fuokl]

dkUosaV jksM] T;ksfr egy gksVy ds lehi]

jk;x<+k&765001 ¼mM+hlk½

[la-bZ&11016@1@2015&fganh]

xhrk ukjk;.k] la;qDr lfpo

MINISTRY OF TEXTILES

New Delhi, the 3rd August, 2015

S.O. 1552.—In pursuance of sub-rule (4) of Rule 10 of

the Official Languages (Use for the official purpose of the

Union) Rules, 1976, the Central Government hereby notifies

the following office under the aegis of the Ministry of

Textiles, in which more than 80% staff have acquired

working knowledge of Hindi:

The Cotton Corporation of India Limited,

Bhavannarayana Nilayam Nivas,

Convent Road, Near Jyoti Mahal Hotel,

Rayagada-765001 (Odisha)

[No. E-11016/1/2015-Hindi]

GEETA NARAYAN, Jt. Secy.

Je ,oa jkstxkj ea=ky;

ubZ fnYyh] 22 tqykbZ] 2015

dk-vk- 1553.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj vkWMZusUl QSDVªh ,aM

vkFklZ ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkj ds chp

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

vf/kdj.k ,oa Je U;k;ky;] dkuiqj ds iapkV ¼lanHkZ la[;k 2014

dk 1½ dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 21@07@2015 dks

izkIr gqvk FkkA

[la- ,y&14012@30@2013&vkbZ vkj ¼Mh;w½]

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

MINISTRY OF LABOUR AND EMPLOYMENT

New Delhi, the 22nd July, 2015

S.O. 1553.—In pursuance of Section 17 of the

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

Government hereby publishes the award (ID No. 01/2014

of the Cent. Govt. Indus. Tribunal-Cum-Labour Court,

Kanpur now as shown in the Annexure in the industiral

dispute between the employers in relation to the

management of Ordnance Factory & others and their

workmen, which was received by the Central Government

on 21/07/2015.

[No. L-14012/30/2013-IR(DU)]

P.K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE PRESIDING OFFICER, CENTRAL

GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-

LABOUR COURT, KANPUR

Industrial Dispute No. 01 of 2014

Between

Sri Ravi son of Mithai Lal,

Block No. 11,

Kachhi Basti,

Govind Nagar Kanpur.

AND

Senior General Manager,

Ordnance Factory,

Kalpi Road,

Kanpur.

Sri Bhupender Singh

Son of Awadhesh Singh Rathore,

EWS 2508 Awas Vikas,

Kalyanpur,

Kanpur & others.

AWARD

1. Central Government, MoI, New Delhi, vide

notification no. L-14012/30/2013-IR(DU) dated

22.01.2014, has referred the following dispute for

adjudication to this tribunal.

2. Whether the action of the management of

Sri Bhupender Singh Kanpur in terminating the

services of Sri Ravi son of Mithai Lal, w.e.f.

10.04.2013 is just fair and legal, If not to what relief

the workman concerned is entitled to?

3. It is alleged by the workman that he was engaged

by the opposite party on 22.02.13 to perform the

work of Safai through contractor Sri Bhupender

Singh, and worked continuously till 24.04.13, when

he was terminated by opposite party no. 1 in an

arbitrary and illegal manner without complying with

the provision of section 25F of the Industrial

Dispute Act, 1947, in as much as neither any notice,

notice pay nor retrenchment compensation was paid

to him by the opposite parties, therefore, his

termination is in breach of section 25F of the Act

3272

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVAN A 17, 1937

[PART II—SEC. 3 (ii)]

and accordingly he is entitled for reinstatement with

full back wages, continuity of service and all

consequential benefits.

4. Opposite party no. 2 filed their reply refuting the

claim of the workman on a number of grounds i.e.

that the opposite party no. 2 is not the employer of

the worker as defined under section 2(G) of the

Act, it is not an industry as defined under section

2(j) of the Act, that there had been an contract

between the opposite party no. 1 and 2 and the

applicant during the alleged period had worked for

a few days only and he had never worked

continuously for 240 days, therefore, provisions of

Section 25F is not applicable in his case and the

claim of the worker is liable to be rejected.

5. It is pertinent to mention here that the opposite

party no. 2 had filed reply in this case and has

denied the claim of the worker.

6. It is pertinent to mention here that when the case

was taken for hearing on 20.05.2015, the attention

of the tribunal was invited to the affidavit of the

workman paper no. 13/1 in which it is stated by him

that he is not interested in contesting the case and

has prayed that the case be decided as dismissed.

He has also made an endorsement on the order

sheet that neither he shall not file any rejoinder nor

he is willing to adduce any evidence in the case.

Opposite party no. 2 has also made an endorsement

on the order sheet that they too have not to adduce

any evidence in the case.

7. Considering the facts and circumstances of the

case, the present claim of the worker is dismissed

as prayed by him and it is held that the worker is

not entitled for any relief pursuant to the reference

order.

SHUBHENDRA KUMAR, Presiding Officer

ubZ fnYyh] 22 tqykbZ] 2015

dk-vk- 1554.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj vkfdZ;ksykWftdy

losZ vkWQ+ bafM;k ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkj

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

vf/kdj.k ,oa Je U;k;ky;] dkuiqj ds iapkV ¼lanHkZ la- 2006 dk

56½ dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 21@07@2015 dks

izkIr gqvk FkkA

[la- ,y&42012@20@2006&vkbZ vkj ¼Mh ;w½]

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

New Delhi, the 22nd July, 2015

S.O. 1554.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D No. 56 of

2006) of the Central Government Industrial Tribunal Cum

Labour Court, Kanpur now as shown in the Annexure in

the Industrial Dispute between the employers in relation to

the management of the Archaeological Survey of India and

their workman, which was received by the Central

Government on 21/07/2015.

[No. L-42012/20/2006-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE SRI SHUBHENDRA KUMAR, HJS,

PRESIDING OFFICER, CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

KANPUR

Industrial Dispute No. 56 of 2006

Between—

Sri Ashok Kumar Singh,

Vice President,

Rashtriya Mazdoor Congress (Intuc),

80 Lauries Complex,

Namner Chauraha,

Agra, U.P.

AND

Superintending Archaeologist

Archaeological Survey of India,

Agra Division,

22, Mall Road,

Agra.

AWARD

1. Central Government, Mol, New Delhi, vide

notification no. L-42012/20/2006-IR(DU) dated

21.07.06, has referred the following dispute for

adjudication to this tribunal.

2. Whether the action of the management of

Archaeological Survey of India, Agra Cricle, 22 Mall

Road, Agra in terminating the services of Sri Keshav

son of Sri Bajrang, Sri Brij Kishore son of Sri Rajo,

Sri Fauram Singh son of Sri Gulab Singh, Sri Ram

Dass son of Sri Mani Ram with effect from

01.10.2004, is legal and justified? If not to what relief

the concerned four workmen are entitled to?

3. The present case was taken up for hearing on

05.02.15, when the Union raising the present dispute

moved an application alleging therein that despite

repeated information given to the workmen

involved in the case did not turn up, therefore, it

appears that the concerned workmen are working

somewhere else. Under these circumstances, the

union has prayed for closing the case.

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vxLr 8] [email protected] 17] 1937

3273

4. It is made clear here that none of the parties have

adduced their evidence in the case as such

opportunity for evidence was closed by the tribunal

vide order dated 29.10.12.

5. From the above it is quite evident that the union

raising the dispute is not interested to contest the

case. It is also evident that it is a case where none

of the parties have led their evidence.

6. In view of above the tribunal has left with no option

but to decide the reference against the union and

in favour of the management holding that the union

is not entitled for any relief pursuant to the present

reference order.

7. Reference is decided accordingly.

SHUBHENDRA KUMAR, Presiding Officer

ubZ fnYyh] 22 tqykbZ] 2015

dk-vk- 1555.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj us'kuy gkbZos vFkkWfjVh

vkWQ+ bafM;k ,aM vkFklZ ds izca/kra= ds lac) fu;kstdksa vkSj muds

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

vkS|ksfxd vf/kdj.k ,oa Je U;k;ky;] dkuiqj ds iapkV ¼lanHkZ la-

2011 dk 86½ dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks

21@07@2015 dks izkIr gqvk FkkA

[la- ,y&42012@72@2011&vkbZ vkj ¼Mh;w½]

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

New Delhi, the 22nd July, 2015

S.O. 1555.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D No. 86 of

2011) of the Central Government Industrial Tribunal -cum-

Labour Court, Kanpur now as shown in the Annexure in

the Industrial Dispute between the employers in relation to

the management of the National Highway Authority of India

& others and their workman, which was received by the

Central Government on 21/07/2015.

[No. L-42012/72/2011-IR(DU)]

P.K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE SRI SHUBHENDRA KUMAR, HJS,

PRESIDING OFFICER, CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOR COURT,

KANPUR

Industrial Dispute No. 86 of 2011

Between—

Sri Bablu Rai, son of Sri Hari Narain Rai,

Village and Post Aura Gaon,

District Azamgarh.

AND

1. The Project Director,

National Highway Authority of India, Hansraj

Colony, Vaihava, Gandhi Nagar, Malviya Road,

Basti.

2. The Project In-charge

M/s. Nagarjun Construction Company Limited, Site

National Highway No. 28, Project-V Village

Sansaripur, Post Bhadwal, Basti.

AWARD

1. Central Government, Mol, New Delhi, vide

notification No. L-42012/72/2011-IR (DU) dated

19.09.2011 has referred the following dispute for

adjudication to this tribunal.

2. Whether the action of M/s. Nagarjun Construction

Company Basti, working under the Principal

Employer ship of Project Director National Highway

Authority of India, Basti, in terminating the services

of Sri Bablu Rai, Grader Operator with effect from

23.05.08 is legal and justified? What relief the

workman is entitled to?

3. In the instant case after receipt of reference several

notices were issued to the parties concerned

workman appeared in the case and filed his

statement of claim on 06.03.13 and likewise opposite

party no. 2 also filed its objection against the claim

filed by the workman.

4. From perusal of the order sheet it appears that

representative for the worker is not attending the

proceedings of the case and from the side of

opposite party his representative is attending the

case. Workman after availing of sufficient

opportunity in the case did not turn up for his

evidence and he also did not file any document in

support of his claim.

5. Therefore, it is clear that the workman is not

interested to press his claim before the tribunal as

such no option is left before the tribunal except to

decide the reference against the workman.

6. Accordingly reference is decided against the

workman and the workman is not entitled for any

relief for want of evidence and proof.

SHUBHENDRA KUMAR, Presiding Officer

ubZ fnYyh] 22 tqykbZ] 2015

dk-vk- 1556.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj us'kuy FkeZy

ikoj dkjiksjs'ku] lksuHknz 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;] dkuiqj ds iapkV

3274

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVAN A 17, 1937

[PART II—SEC. 3 (ii)]

¼lanHkZ la[;k 2011 dk 73½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj

dks 21@07@2015 dks izkIr gqvk FkkA

[la- ,y&42012@68@2011&vkbZ vkj ¼Mh;w½]

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

New Delhi, the 22nd July, 2015

S.O. 1556.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D No. 73/2011)

of the Central Government Industrial Tribunal-cum-Labour

Court, Kanpur now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the management

of the NTPC Sonebhadra and their workman, which was

received by the Central Government on 21/07/2015.

[No. L-42012/68/2011-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE SRI RAM PARKASH, PRESIDING OFFICER,

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-

CUM-LABOUR COURT, KANPUR

Industrial Dispute No. 73/2011

Between—

1. Sri Sarabjeet Ram,

Son of Sri Shanker Prasad,

Villege Bichchi, Post Bichchi,

Robertsganj, District-Sonebhadra.

AND

The General Manager, In-charge,

NTPC, Rihand Nagar Power Project,

Rihand Nagar, District Sonebhadra.

2. The General Manger,

M/s. U B Engineering Limited, Sahyadri Sadan,

Tilak Road, Pune.

AWARD

1. Central Government, Mol, New Delhi, vide

notification No. L-42012/68/2011 IR (DU) dated

02.08.2011 has referred the following dispute for

adjudication to this tribunal.

2. Whether the action of the management of M/s. U.B.

Engineering Limited, Pune, who worked under the

Prinicipal Employer-ship of NTPC, Rihand Power

Project, Rihand District Sonbhadra, in terminating

the services of Sri Sarabjeet Ram, helper with effect

from 30.12.90 is legal and justified? What relief the

workman is entitled to?

3. In the instant case after exchange of pleadings

between the parties, the workman stopped attending

the proceedings of the case nor did he appear for

his evidence oral or documentary. Management of

NTPC appeared on each and every date before the

tribunal in the present proceedings of the case.

4. Therefore, from the conduct of the workman it is

amply clear that he is not interested in prosecuting

his case.

5. As such the reference is answered against the

workman and in favour of the management for want

of evidence.

6.

Reference is answered accordingly.

RAM PRAKASH, Presiding Officer

ubZ fnYyh] 22 tqykbZ] 2015

dk-vk- 1557.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj 509 vkehZ csl

odZ'kkWIl] vkxjk dSaV 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;] dkuiqj ds iapkV

¼lanHkZ la[;k 2011 dk 95½ dks izdkf'kr djrh gS tks dsUnzh; ljdkj

dks 21@07@2015 dks izkIr gqvk FkkA

[la- ,y&14011@05@2011&vkbZ vkj ¼Mh;w½]

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

New Delhi, the 22nd July, 2015

S.O. 1557.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D No. 95 of

2011) of the Central Government Industrial Tribunal-cum-

Labour Court, Kanpur now as shown in the Annexure in

the Industrial Dispute between the employers in relation to

the management of the 509 Army Base Workshops, Agra

Cantt. and their workman, which was received by the Central

Government on 21/07/2015.

[No. L-14011/05/2011-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE PRESIDING OFFICER, CENTRAL

GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-

LABOUR COURT, KANPUR

Present Sri Shubhendra kumar, HJS

Industrial Dispute No. 95 of 2011.

Between—

There General Secretary,

509 Employee Union

509 ABW Agra.

AND

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vxLr 8] [email protected] 17] 1937

3275

The Commandant & Managing Director,

509 Army Base Workships,

Agra Cantt.

AWARD

1. Central Government, Mol, New Delhi, vide

notification no. L-114011/05/2011-IR (DU) dated

14.10.2011, has referred the following dispute for

adjudication to this tribunal-

2. Whether the action of the management i.e. The

Commandant & Managing Director, 509 Army Base

Workshop, Agra Cantt. for granting of 2nd ACP to

eligible employees of 509 ABW Agra is just and

according to Govt. orders (DOPT)? What relief the

concerned employees as claimed by the Union are

entitled to?

3. In this case after receipt of the reference order from

the Ministry several Opportunities were provided

to the contesting parties but neither anyone

appeared on behalf of the union nor filed their claim.

4. From the perusal of whole record of the case it is

clear that even the union raising the dispute on

behalf of their workers have not filed any authority

letter in the case authorizing any one to represent

the caps before the tribunal. Rather the opposite.

party has filed letter of authority in the case. It is

also very much clear that the union has filed

repreated application for adjournment in the case

but has never moved any application for granting

time to file claim statement in the case.

5. Therefore, from the conduct of the Union it is quite

apparent that the Union is not interested in

prosecuting the present case before the tribunal.

6. Accordingly a no claim award in the case is passed

against the union as they are not interested in

pressing the present reference before this tribunal

for want of pleading and proof.

7. The reference is therefore, answered against the

union holding that they are not entitled for any

relief pursuant to the present refence order.

SHUBHENDRA KUMAR,Presiding Officer

ubZ fnYyh] 22 tqykbZ] 2015

dk-vk- 1558.—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947 dk

14½ dh èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj lhfu;j DokfyVh

vLlqjk.k ds LFkkiuk ¼Leky vkElZ½] dkuiqj ds izcaèra= ds lac)

fu;kstdksa vkSj muds deZdkjksa ds chp vuqcaè esa fufnZ"V vkS|ksfxd

fookn esa dsUnzh; ljdkj vkS|ksfxd vfèdj.k ,oa Je U;k;ky;]

dkuiqj ds iapkV ¼lanHkZ la[;k 2014 dk 112½ dks izdkf'kr djrh

gS] tks dsUnzh; ljdkj dks 21@07@2015 dks izkIr gqvk FkkA

[la- ,y&14012@22@2014&vkbZ vkj ¼Mh;w½]

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

New Delhi, the 22nd July, 2015

S.O. 1558.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 112 of

2014) of the Central Government Industrial Tribunal-cum-

Labour Court, Kanpur now as shown in the Annexure in

the industrial Dispute between the employers in relation to

the management of the Senior Quality Assurance

Establilshment (Small Arms), Kanpur and their workman,

which was received by the Central Government on 21/07/

2015.

[No. L-14012/22/2014-IR(DU)]

P.K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE SRI SHUBHENDRA KUMAR, HJS,

PRESIDING OFFICER, CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

KANPUR

Industrial dispute No. 112 of 2014

Between—

Smt. Kanak Lata Singh,

G/1/T/1138 Armapore Estate,

Post Armapore, Kanpur, U.P.

AND

The Senior Quality Assurance Officer,

Sr. Quality Assurance Estt. (Small Arms)

Armapore, Kanpur. 208009

AWARD

1. Central Government, Mol, New Delh, vide

notification No. L-14012/22/2014-IR (DU) dated

16.09.2014, has referred the following dispute for

adjudication to this tribunal.

2. Whether the action of the management of SQAO

(SA) in not allowing to join the post to Smt. Kanak

Lata Singh, LDC/Record Clerk O/o SQAO(SA)

Kanpur and not paying salary without assigning

any reason is just and fair? If not what relief the

complainant workman is entitled to?

3. Worker has not filed any claim in response to the

issue of notice after receipt of the reference instead

worker has moved an application paper no. 6/1,

stating that she has already filed OA No. 841/14

before Central Administrative Tribunal, Allahabad,

wherein the issue raised in the reference order is

also a point of controversy to be decided by

Administrative Tribunal, Allahabad.

4. She has further alleged that she does not want to

contest the present reference in view of pendency

of the same issue before Central Administrative

3276

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVAN A 17, 1937

[PART II—SEC. 3 (ii)]

Tribunal Allahabad, therefore, she has prayed to

dismiss the present I.D. Case.

5. Management has filed objection against reference

order paper No. 1/1 praying that the reference in

question may be dismissed with costs.

6. Here it may be pointed out that tribunal is not

clothed with the powers to dismiss the reference

order made to it by the appropriate government for

decision. If the management is inclined to get

reference order dismissed it is open for them to

raise the question before appropriate forum but in

any case the reference order cannot be dismissed

by this tribunal as prayed by the opposite party.

7. Considering above facts this tribunal is of the view

that neither this reference can be dismissed as

prayed by the management nor the reference can

be returned unanswered.

8. As the worker has either filed any pleading nor has

adduced any evidence and is not ready to contest

the present case on the ground that similar issue is

pending before Central Administrative Tribunal,

Allahabad.

9. In view of above the present reference is decided

against the worker and in favour of the opposite

party without grating any relief to the worker.

SHUBHENDRA KUMAR, Presiding Officer

ubZ fnYyh] 23 tqykbZ] 2015

dk-vk- 1559.—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947 dk

14½ dh èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj tokgj uoksn;

fo|ky;] Xokfy;j ds izcaèra= ds lc) fu;kstdksa vkSj muds deZdkjksa

ds chp vuqcaè esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèdj.k ,oa Je U;k;ky;] tcyiqj ds iapkV ¼lanHkZ la[;k

lhthvkbZVh@,ylh@vkj@164@99½ dks izdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 21@07@2015 dks izkIr gqvk FkkA

[la- ,y&42012@219@98&vkbZ vkj ¼Mh;w½]

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

New Delhi, the 23rd July, 2015

S.O. 1559.—In pursuance of Section 17 of the

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

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

CGIT/LC/R/164/99) of the Central Government Industrial

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

the Annexure in the industrial Dispute between the

employers in relation to the management of the Jawahar

Navodaya Vidyalaya, Gwalior and their workman, which

was received by the Central Government on 21/07/2015.

[No. L-42012/219/98-IR (DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/164/99

Shri Lakhanlal Kushwah,

Vill. Garhi, PO Sukha Parhi,

Tehsil Dabra,

Distt. Gwalior

.... Workman

Versus

Principal,

Jawahar Navoydaya Vidyalaya,

Ministry of Human Resource Development

Govt. of India, Pichore Dabra, Gwalior

.... Management

AWARD

Passed on this 23rd day of June, 2015

1. As per letter dated 16-20/4/99 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-42012/219/98/IR(DU). The

dispute under reference relates to:

“Whether the action of the management of

Principal, Jawahar Navodaya Vidyalaya, Gwalior

in terminating the services of Shri Lakhanlal

Kushwah is legal and justified? If not, to what

relief the workman is entitled?”

2. After receiving reference, notices were issued to

the parties. Workman filed statement of claim at

Page 1/1 to 1/3. Case of workman is that he was

appointed as cook by IInd party No. 2 in October,

1994. Workman performed his duties honestly. On

14-2-98, his services were orally terminated without

assigning any reasons. Workman further submits

that he belongs to backward class. His services are

terminated by victimization. He was not served

one month's notice neither he was paid one month's

pay in lieu of notice. As workman had requested

for regularization of his service, IInd party got

annoyed an orally terminated him. IInd party did

not pay retrenchment compensation. Termination

of his service is in violation of Section 25-F.G.H of

ID Act. That he completed 240 days continous,

service. His services are terminated illegally. On

above contentions workman prays for his

reintstatement with back wages.

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

5/3 opposing claim of the workman. IInd party

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vxLr 8] [email protected] 17] 1937

3277

submits that workman was not appointed. Any

appointment letter was not received by IInd party.

From October, 94, workman was engaged on daily

wages as per exigencies. He was paid wages for his

working days. On 14-2-98, when teachers told

workman to fill drinking water for children, workman

misbehaved with them, used unhealthy language.

It is reiterated that workman was engaged on daily

wages, he was not regularly appointed. Workman

was not covered under ID Act. Workman has made

false allegations to take undue advantage. Services

of workman were not terminated, the allegations of

workman are imaginary.

4. Rejoinder is filed by workman at Page 6/1 to 6/3

reiterating his contentions in statement of claim.

That his services were terminated without notice.

IInd party has not disclosed break in his service.

That IInd party had not allowed him on duty.

Workman has shown his 243 working days in para

5 of the rejoinder.

5. It is also seen that further Written Statement is filed

at Page 17/1 to 17/3. IInd party submits that it is

discharging sovereign functions regarding

education in school, it is not an industry. IInd party

has adopted Civil Service Rules, the reference is

not tenable. That cases relating to service matters

of Navodaya. Vidyalaya were decided by CAT as

per Administrative Tribunal Act, 1995. The

notification dated 17-12-98 under section 14(2)

provides for transfer of cases to Central

Adiministrative Tribunal w.e.f. the date on which

jurisdiction is conferred on the Tribunal in relation

to any other court/authority. IInd party reiterates

that workman has not completed 240 days

continuous service. Workman is not entitled to

retrenchment compensation.

6. Considering pleadings on record, the points which

arise for my consideration and determination are

as under. My findings are recorded against each of

them for the reasons as below:—

(i) Whether the dispute under

reference is tenable?

In Affirmative

(ii) Whether the action of the

management of Principal

Jawahar Navodaya Vidyalaya,

Gwalior in terminating the

services of Shri lakhanlal

Kushwah is legal and

justified?

In Negative

(iii) If not, what relief the

workman is entitled to ?"

As per final

orders.

REASONS

7. The terms of reference pertains to legality of

termination of services of workman. The reference

is made as per order dated 16-4-99 by Government

of India, Ministry of Labour. The order of reference

is not challenged by IInd party. Ist party workman

claimed that he was appointed as cook. Apparently

there is no pleading that workman was engaged in

discharging of managerial work. Therefore workman

is covered under Section 2(s) of ID Act. IInd party

has not advanced any argument to substantitate

his contentions about bar of jurisdiction of this

Tribunal therefore I record my finding in point No.1

in Affirmative.

8. Point No. 2- workman filed affidavit of evidence.

He has stated that he was appointed in October, 97

as Mess Cook Helper in IInd party. His services

were orally terminated on 14-2-98. In para-3 of his

affidavit, workman has shown his working days.

That he had completed more than 240 days service,

he was not served with notice, retrenchment

compensation was not paid to him. From his

evidence, documents Exhibit W-1 to W-6 are

admitted. In Exhibit W-1, there is reference about

action to be taken for appointment of workman on

the post of cook. In Exhibit W-2, 3 certificates issued

by Mess Incharge, it is shown that workman had

worked for 81 days from 1-10-94. In Exhibit W-4,

principal has certified that workman was working

in the mess from October, 94. Exhibit W-5 is legal

notice issued by workman. Exhibit W-6 is copy of

reply filed to the legal notice issued by workman

denying engagement of workman. The denial in

Exhibit W-6 is contrary to the contents of document

Exhibit W-2 to W-4.

9. Workman in his cross-examination says that he

worked with IInd party from 1994 to 14-2-98.

Appointment letter was not given to him. He denies

suggestion that he remained absent from work

without intimation. Management did not examine

any witness to substantiate its contentions that

workman abandoned job. Therefore reliance is

placed in case of G.T. Lad and other versus Chemicals

and Fibres of India Ltd. relied by learned counsel

for workman Shri N.B. Sharma need no detailed

discussion. In cross- examination of workman, there

is no suggestion that workman had not completed

240 days continuous service. The engagement of

workman by IInd party is corroborated by document

Exhibit W-1 to W-4. The evidence of workman about

working more than 240 days preceding his

termination is not shattered. His services are

3278

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVAN A 17, 1937

[PART II—SEC. 3 (ii)]

terminated without notice, no retrenchment was

paid to him. Therefore termination of service of

workman is illegal for violation of Section 25-F of

ID Act. for above reasons, I record my finding in

point No.2 in Negative.

10. Point No.3- In view of my finding in point No. 2

that termination of service of workman is in violation

of section 25-F of ID Act, question arises whether

workman is entitled for reinstatement with back

wages. The evidence on record shows workman

worked from 1-10-94 to 14-10-98 for more than

3 years. Workman was not given appointment letter.

Considering the period of working, compensation

Rs. 75,000 would be appropriate. Accordingly I

record my finding I Point No. 3.

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

(1) The action of the management of Principal,

Jawahar Navodaya Vidyalaya, Gwalior in

terminating the services of Shri Lakhanlal

Kushwah is not proper and legal.

(2) IInd party is directed to pay compensation

Rs. 75,000 to the 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] 23 tqykbZ] 2015

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tujy iz/kku Mkd?kj] dkuiqj 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;] dkuiqj ds iapkV

¼lanHkZ la- 2012 dk 10½ dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks

21-07-2015 dks izkIr gqvk FkkA

[la- ,y&40011@33@2012&vkbZvkj¼Mh;w½]

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

New Delhi, the 23rd July, 2015

S.O. 1560.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 10 of

2012) of the Central Government Industrial Tribunal-cum-

Labour Court, Kanpur now as shown in the Annexure in

the Industrial Dispute between the employers in relation to

the management of the Post Master General, Head Post

Office, Kanpur and their workmen, which was received by

the Central Government on 21.07.2015.

[No. L-40011/33/2012-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE PRESIDING OFFICER, CENTRAL

GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-

LABOUR COURT, KANPUR

Industrial Dispute No. 10 of 2012

Between

Shri Hardwar Sharma,

Son of Late Phool Chand Sharma,

Resident of D-355 Barra World Bank Colony,

Kanpur

AND

Post Master General,

Head Post Office, Kanpur.

AWARD

1. Central Government, MoI, New Delhi, vide

notification No. L-40011/33/2012-IR(DU) dated

09.01.2012, has referred the following dispute for

adjudication to this tribunal.

2. Whether the action of the management of Post

Master General, Department of Post, Kanpur, in not

according benefits of Group C employee with effect

from April, 1987 to Shri Hardwar Sharma, Carpenter,

posted in CSD, Kanpur is legal and justified? What

relief the workman is entitled?

3. At the outset it may be pointed out here that there

appears a major mistake in the statement of claim

and is going outside the scope of reference order.

To make it clear it may be mentioned here that from

the reference order it is crystal clear that denial of

benefits of group C employee by the department to

the workman with effect from April, 1987, is justified

or not whereas the workman in his claim statement

has claimed the above benefit with effect from

21.09.87, therefore, the relief claimed by the workman

in the present case is outside the reference order. A

labour Court, Industrial Tribunal or the National

Tribunal, as the case may be, is required not to

travel beyond the reference order in terms of sub

section (4) of Section 10 of Industrial Disputes

Act, 1947, therefore, the relief claimed by the

workman in the instant case is misconceived and

cannot be entertained at the hands of the tribunal.

4. Be that as it may, the workman has filed his claim

statement claiming therein that he is entitled to get

the benefit of Group "C" employee being posted as

Carpenter and due to arbitrary action on the part of

the opposite party he was prevented from the above

benefits with effect from 21.09.87.

5. The opposite party has neither filed its reply nor

adduced any evidence in the case, therefore, their

opportunity to file reply and evidence was closed

by the tribunal.

[Hkkx II—[k.M 3 (ii)]

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3279

6. The workman has adduced his evidence on

affidavit apart from filling certain documents per

list dated 22.11.2012, but he was not cross examined

by the opposite party as none was present before

the tribunal on 17.05.2013, when the case was taken

up for hearing therefore, opportunity to cross

examine the workman was also closed.

7. Although in the instant case, the evidence of the

workman remains uncontroverted still he could not

be held entitled for any relief for the defects as

pointed out above appearing in his claim statement.

8. As per the notification filed by the workman dated

21.10.87, which is paper No. 5/4, it reveals that by

this notification post of carpenter is treated as

Group 'C' non gazetted, and if workman so desires,

he may make representation before the authorities

of the department claiming the relief as is claimed

by him before this tribunal, and considering the

request of the claimant, the authorities in its wisdom

may grant the relief to the workman.

9. For the above discussion, the claim of the workman

is not found to be maintainable and accordingly it

is held that the workman is not entitled for any

relief pursuant to the present reference order.

10. Reference is answered accordingly against the

workman and in favour of the management.

SHUBHENDRA KUMAR, Presiding Officer

ubZ fnYyh] 23 tqykbZ] 2015

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[la- ,y&42012@112@2011&vkbZvkj¼Mh;w½]

la- ,y&42012@113@2011&vkbZvkj¼Mh;w½]

la- ,y&42012@114@2011&vkbZvkj¼Mh;w½]

la- ,y&42012@115@2011&vkbZvkj¼Mh;w½]

la- ,y&42012@116@2011&vkbZvkj¼Mh;w½]

la- ,y&42012@117@2011&vkbZvkj¼Mh;w½]

la- ,y&42012@118@2011&vkbZvkj¼Mh;w½]

la- ,y&42012@119@2011&vkbZvkj¼Mh;w½]

la- ,y&42012@120@2011&vkbZvkj¼Mh;w½]

la- ,y&42012@121@2011&vkbZvkj¼Mh;w½]

la- ,y&42012@122@2011&vkbZvkj¼Mh;w½]

la- ,y&42012@123@2011&vkbZvkj¼Mh;w½]

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la- ,y&42012@19@2012&vkbZvkj¼Mh;w½]

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

New Delhi, the 23rd July, 2015

S.O. 1561.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D. No. 61/12,

62/12, 63/12, 64/12, 65/12, 66/12, 67/12, 70/12, 71/12, 72/12,

73/12, 74/12, 75/12 & 91/12) of the Central Government

Industrial Tribunal-cum-Labour Court, Kanpur now as

shown in the Annexure in the Industrial Dispute between

the employers in relation to the management of the

Archaeological Survey of India, Agra and their workmen,

which was received by the Central Government

on 21/07/2015.

[No. L-42012/112/2011-IR(DU),

No. L-42012/113/2011-IR(DU),

No. L-42012/114/2011-IR(DU),

No. L-42012/115/2011-IR(DU),

No. L-42012/116/2011-IR(DU),

No. L-42012/117/2011-IR(DU),

No. L-42012/118/2011-IR(DU),

No. L-42012/119/2011-IR(DU),

No. L-42012/120/2011-IR(DU),

No. L-42012/121/2011-IR(DU),

No. L-42012/122/2011-IR(DU),

No. L-42012/123/2011-IR(DU),

No. L-42012/124/2011-IR(DU),

No. L-42012/19/2012-IR(DU)]

P.K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE SHRI SHUBHENDRA KUMAR, HJS,

PRESIDING OFFICER, CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR

COURT, KANPUR

Industrial Dispute No. 74/12, 72/12, 73/12, 75/12,

61/12, 62/12, 63/12, 64/12, 65/12, 66/12, 67/12,

70/12, 71/12 & 91/12.

BETWEEN:

S/Shri Satish Yadav, Laxman,

Shri Yogesh, Shri Ram Nath,

Shri Lokendra, Shri Rakesh,

Shri Pankaj, Shri Vimal Kumar,

Shri Sriniwas, Shri Hariom,

Shri Komal Singh,

Shri Chail Behari,

Shri Vijendra Singh, &

Shri Shiv Shanker.

All C/o Shri Shishu Pal Singh, 119/449, Darshan Purwa,

Kanpur.

3280

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVAN A 17, 1937

[PART II—SEC. 3 (ii)]

AND

The Superintending Archaeological Chemist,

Archaeological Survey of India,

Northern Zone, Inside Military Gate,

Agra Fort, Agra.

AWARD

1. Central Government, MoI, New Delhi, vide

Notification No. L-42012/113/115/112/114/2011-

IR(DU) dated 20.07.12, vide Notification No. L-

42012/121/123/124/122/2011-IR(DU) dated

18.07.2012, L-42012/118/117/116/119/120/2011-

IR(DU) dated 19.07.2012 and L-42012/19/2012-

IR(DU) dated 09.10.2012 has referred the following

dispute for adjudication to this tribunal.

2. Whether the action of the management of Dy.

Superintending Archaeological Chemist,

Archaeological Survey of India, Agra, in terminating

the services of S/Shri Satish Yadav, Shri Laxman,

Shri Yogesh Kumar, Ram Nath, Shri Lokendra,

Shri Rakesh, Shri Pankaj, Vimal Kumar, Shri Sriniwas,

Shri Hariom, Shri Komal Singh, Shri Chail Behari,

Shri Vijendra Singh and Shri Shiv Shanker workmen

with effect from 15.10.05 is just fair and legal? If not

to what relief the workmen concerned is entitled

to?

3. It may be pointed out here that as the schedule of

reference order is common and the date of

termination of the services is also common,

therefore, for the sake of brevity instead of

mentioning separate schedule as common schedule

as above is framed.

4. It is to be noted here that all the above cases have

been consolidated by order dated 04.03.12 of this

tribunal and Industrial Dispute No. 74 of 12 was

made the leading case in which contesting parties

evidence has been recorded.

5. In short the case of the workers involved in all the

above case is that they had been engaged by the

opposite party on 01.12.96 at the post of chemical

cleaner on daily rate basis in Tajmahal Agra. All of

them have completed 240 days of continuous

service in each calendar year. Their services were

terminated by the opposite party with effect from

15.10.2006 without assigning any reason and

without affording notice. Prior to this termination

the oposite party had already terminated their

services with effect from 21.02.04 but on the

intervention of the Assistant Labour Commissioner

(Central), Kanpur, the opposite party informed the

said authority vide its letter dated 17.11.04 that the

opposite party are ready to take back in service the

workers involved in the present dispute either on

the same department or in some other department.

Opposite party has given their consent for taking

back in service all the workers because they have

worked more than 240 days of continuous service

under the opposite party. It is also pleaded that

after 3-4 months of their engagement, the opposite

party again dispensed with the services of these

workers from 15.10.2006. The opposite party after

terminating the services of 27 workers on 15.10.2006,

again engaged 30 workers on daily wages from

07.11.2005 at the same place where these workers

were working. All the persons engaged on 7.11.2005

were junior to the workers of the present case. It is

the claim of the workers that the above action on

the part of the opposite party in terminating their

service is in breach of Section 25F, 25G and 25H of

Industrial Disputes Act, 1947, and accordingly they

have prayed that the action of the opposite party

be held unjust, unfair and illegal and they be

reinstated in the services of the opposite party with

full back wages and continuity of service.

6. The opposite party has filed their reply refuting

vehemently the case of the workers on a number of

grounds. It may be pointed out here that the

opposite party has drawn a very lengthy and

exhaustive reply running into 129 paragraphs as

against the claim petition of the worker running

into 10 paragraphs.

7. I may it clear that only those pleadings of the written

reply will be dealt with those are necessary for

deciding the present reference.

8. It is alleged by the opposite party that the workers

involved in the case were never appointed against

any sanctioned post, they were never subjected to

regular recruitment process, no appointment letters

were issued in their name, and their names have

never been sponsored from the employment

exchange. All the workers involved in the present

case have never put in 240 days of continuous

service in any of the calendar year what to say

preceding 12 calendar months from the date of their

alleged termination. As such provisions of Section

25F, 25G and 25H of the Act are not attracted to the

facts and circumstances of the case. It is alleged

that opposite party takes up short term Time Bound

Project Work of casual and intermittent nature of

Chemical Preservation of monument and these

project work is executed against the approved

estimates of different nature requiring the different

category of labour for brief spell of time and these

projects mainly depend upon the sanctioned

conservation plan and availability of funds. It is

claimed by the opposite party that the engagement

of the workers came to an end by efflux of time on

the expiry of the project and that they have never

terminated their services in any manner whatsoever.

It is also alleged that these workers are trying to

seek back door entry in to the services of the

[Hkkx II—[k.M 3 (ii)]

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3281

opposite party by abusing process of law. The

workers have invoked the jurisdiction of the Hon'ble

High Court, Allahabad, by filing CMWP No. 20677

of 05 praying for a direction to the Assistant Labour

Commissioner (Central) Kanpur, to follow the

provisions of Section 33 of the Act, which was

ultimately dismissed as infructuous vide order dated

23.05.06. Some of the workers involved in the

present case have also moved before Labour Court,

UP Agra, under Section 33-C-2 of the Act, and the

said application of the workers were dismissed in

default.

9. The workers then filed an OA No. 641 of 2006 before

Central Administrative Tribunal Allahabad, which

was finally disposed off on 05.09.2008, with a

direction to the competent authority to decide the

representation of the petitioner by a speaking and

reasoned order and the representation under

question was finally decided and rejected by the

competent authority of the opposite party.

10. These workers then again filed yet another Original

Application No. 1575 of 2010 PSCCW Union versus

Union of India challenging their termination which

was finally decided by order dated 15.11.2010.

Being so the matter had attained finality, therefore,

the present claim of the workers is barred by

principle of Res-Judicata and is liable to be rejected.

11. Rejoinder has also been filed separately in each of

the cases but therein nothing new has been pleaded

besides what has been contended in their claim

petition by the workers.

12. The workers have filed 14 documents in the nature

of photocopies vide list dated 04.03.2013. As

against it the opposite party has filed 3 documents

vide list dated 22.04.13. Out of which document

No. 8/2-4 is the certified copy of judgment and order

dated 19.10.2010 in OA No. 1575/10 of Central

Administrative Tribunal, Allahabad. From the array

of parties of OA No. 1575/2010 it is quite obvious

that the names of the workers involved is appearing

as petitioners before CAT, Allahabad in the above

OA.

13. One Shri Satish Yadav, worker in I.D. No. 74/12

(which is a leading case) has examined him as

W.W.1, whereas Shri J.P. Singh has examined

himself as M.W.1.

14. It is pertinent to mention here that workman has

not summoned the original documents from the

management; therefore, photocopies of the

documents filed by the worker cannot be taken as

acceptable evidence.

15. The workers witness in his evidence filed on

affidavit has mainly reiterated the same grounds

that are mentioned in his claim petition.

16. W.W. 1 in his cross examination has admitted the

fact that he along with others were working as daily

rated workers. He has also admitted the fact that

the projects on which they were utilized were time

bound. Witness has also admitted that no

appointment letter was given to them. He never

gave any application for his appointment.

17. Witness has denied the suggestion of the opposite

party that their services were came to an end by

efflux of time. Their attendance was marked. The

witness has also denied the suggestion that neither

he nor the other workers involved in the case had

not worked continuously for 240 days. It is correct

to suggest that he has not filed any document in

the court showing that they have worked for 240

days. Witness has also admitted that after

termination of his service he filed an application

before CAT, Allahabad and the decision of the

tribunal is paper No. 8/2. After the decision of CAT,

Allahabad, he moved before the department and

when department did not come into action he

moved before the ALC©, Kanpur and on the basis

of the report of the ALC© Kanpur, the present

reference is pending in this court.

18. The management witness in his affidavit has almost

asserted the same grounds as were given in the

reply of the opposite party. In his cross examination

the witness has asserted that on 15.10.2005, services

of the workers were not terminated, rather their

services were come to an end automatically by efflux

of time. He goes on to state that workers involved

in the case themselves stopped coming on the place

of work. To a specific question that why opposite

party did not wait for 2 or 3 days for these workers

and why fresh hands were inducted in to the service

of the opposite party. To it the witness has

specifically replied that it is not the recruitment

rather the services of the workers are utilized on

need basis and as the work cannot be stopped,

therefore, at the time of need whosover are available

they are engaged. Witness has also admitted that

no appointment letter was ever given to these

workers.

19. I have heard the arguments of the contesting parties

at length and have perused the whole record

carefully.

20. Learned representative for the workers contended

that workman Satish Yadav and all other workers

were working as daily rated workers from 01.12.96

and their services were terminated without any

notice with effect from 15.10.05. They have worked

for 240 days continuouly in a year. Before this their

service were also terminated on 21.02.04, they

moved an application before ALC©, Kanpur, where

3282

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVAN A 17, 1937

[PART II—SEC. 3 (ii)]

the management vide their letter dated 17.11.2004,

submitted that they are willing to take back workers

in the service and after taking service for 3 or 4

months their services were again terminated with

effected from 15.10.05.

21. Learned counsel of the management has contended

that the workmen have not filed any evidence to

establish that they had worked for 240 days in a

year. It is further contended that services of the

workers were never terminated by the opposite

party and their services automatically came to an

end by efflux of time on completion of project work

as they were working on time bound project. It is

further contended by the opposite party that after

completion of the survey and the test of monument

the work of daily rated workers came to an end and

this fact was admitted by worker witness Satish

Yadav in his cross examination and worker witness

has also admitted that he had not filed any evidence

to show that either he or any of them have at any

point of time worked continuously for 240 days or

more. It is further submitted that workman Satish

Yadav and other had filed a case against their

termination order dt. 15.10.05 before the Central

Administrative Tribunal as OA No. 1775/10 PSCCW

Union versus Union of India which was decided

finally on 15.11.2010. As such present claim of the

workers is barred by principle of Res-judicata. This

fact is also admitted by worker witness Shri Satish

Yadav in his cross examination.

22. After appreciating the materials on record and

considering the arguments of the contesting

parties, it is proved that these workers were never

appointed by the opposite party, these workers

were engaged on a project, their services came to

an end automatically by efflux of time on completion

of project and that they were never terminated by

the opposite party and lastly they were never in

continuous employment of the opposite party for

240 days nor they filed any evidence to this effect

before the court.

23. The learned representative for the opposite party

has placed reliance on the case 2007 (112) FLR 152

between Gangadhar Pillai versus Siemens Ltd,

wherein the Hon'ble Apex Court has held that

project employees-appointment of applicant

petitioner on temporary basis-for duration of

projects/site work and on completion thereof his

services used to be terminated. Service availed in

various projects in India and in Iraq has worked for

more than 2500 days only in Rourkela Steel Plant.

His services came to an end on 10.05.2000. There

was no unfair labour practice. Project related

employees cannot as a matter of right, demand any

status and privileges of permanent employees.

24. Considering the principle laid down by the Apex

Court, I am of the opinion, that the principle laid

down (supra) by Apex Court fully apply to the facts

and circumstances of the present. Therefore, the

workers involved in the case being engaged on a

project cannot claim any status or privilege of

regular and permanent employee as matter of right.

25. Similarly opposite party has further placed reliance

on the case law reported 2009 (120) FLR 834 C

Balachandran and others and State of Kerala,

wherein the Hon'ble Apex Court has held that

judgment of apex court in Jacob's case had to be

read in its entirety and not as a provision of a status-

Apex Court in Jacob's case had no occasion to

consider the cases of daily wagers appointed

against a particular project and whose service had

been terminated after project had come to an end.

The decision cited as above applies with full swing

to the facts and circumstances of the case.

26. Next it was contended by the opposite party that

workers have not filed any evidence or proof to

show that they had worked for 240 days

continuously. On this point the management

representative has placed reliance on the law laid

down by the Hon'ble Supreme Court of India in the

following cases viz. 2002 (94) FLR 622, 2004 (109)

FLR 1077 and 2006 (110) FLR 552.

27. I have given my due consideration to the facts and

circumstances of the case cited above and after

considering the proposition of law settled by the

Hon'ble Apex Court in the case (supra). It is held

that the laws applies with full swing to the facts

and circumstances of the present case as it was the

burden of the workers to prove that they had

worked for 240 days continuously prior to

termination of their services and since they have

failed to discharged their burden by filing cogent

and acceptable evidence in the case, therefore, it is

held that they never worked for 240 days

continously. As such they cannot be held entitled

for the benefit of any of the provisions of the Act

like 25F, 25G, & 25H of the Act, as claimed by them.

28. Lastly it has been argued by the representative for

the opposite party that the present claim is barred

by principle of res-judicata as all the above workers

have challenged their respective termination jointly

before the Central Administrative Tribunal,

Allahabad by filing O.A. No. 1575 of 2010, he had

drawn my attention to the judgment and order dated

15.09.2010 of the Tribunal. This document is paper

No. 8/2. I have gone through the judgment and

order of the Administrative Tribunal and find that

the said petition was filed in joint capacity by all

the workers involved in the present case and

[Hkkx II—[k.M 3 (ii)]

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3283

their names also appear in the body of the

judgement. Sri Satish Yadav W.W.1 appearing as

witness on behalf of all the workers has also

admitted this fact in his evidence before the tribunal.

Thus it is fully established that the present case is

barred by principle of Res-judicata because the

decision of Central Administrative Tribunal has

attained finally.

29. The authorized representative for the opposite

party has placed reliance on the following case laws

reported as below:—

(a) 2004 (103) FLR 460 (S.C.) in between Executive

Engineer ZP Eng. Division and another and

Digambara Rao etc. etc.

(b) 2006 (108) FLR 837, Allahabad High Court, in

between SARAT CHANDRA MISHRA AND

OTHERS AND STATE OF ORRISA AND

OTHERS.

30. I have carefully gone through the rulings cited by

the representative of the opposite party. In earlier

ruling the Hon'ble Apex Court has held that their

plea that they were entitled to continue in service

specifically rejected. In that view of the matter, the

proceedings initiated before the Labour Court

questioning the orders of termination passed

against the appellant for their reinstatement with

full back wages, in our opinion, was wholly

misconceived. Such a plea was barred under the

principles of Res-judicat. It is now well settled that

the general principle of res-judicat applies to an

industrial adjudication.

31. In the later the Hon'ble Allahabad High Court has

held that Res-judicata-Proceedings initiated by

before the labour Court-clearly barred by the

principle of constructive Res-judicata. As the

respondent No. 3, whose services were terminated,

having got an adverse order in writ petition-cannot

re-agitate the issue again before the labour court. It

was further held that Doctrine of Election-once the

employee has elected to pursue his remedy by

filing a writ petition-cannot pursue another remedy

before another forum on the same.

32. In another case law 2006 (108) FLR 837 in between

Sarat Chandra Mishra and another and State of

Orissa and others decided by Hon'ble Supreme

Court wherein the Hon'ble Supreme Court has held

Res-judicata-Judgement and order of Tribunal has

attained finality-Principal of Res-judicata would

apply in the instant cases. The judgement and

order of the Tribunal dated 09.03.92 passed in OA

No. 1200 of 90, thus attained finality. The principle

of Res-judicata would therefore, apply in the

instant casse. The applicability of the principal of

Res-judicata in a proceeding before the Tribunal

is not disputed. It is also not a case where the

jurisdiction of the tribunal is in question. As the

principle of Res-judicata was applicable, the

Tribunal had no jurisdiction reopen the issue. This

court could not and did not confer a jurisdiction

upon the Tribunal which it did not have.

33. As it has already been observed above, that the

present workmen had already knocked the doors

of the Administrative Tribunal Allahabad

challenging their respective termination and when

they failed they came before this tribunal for the

same cause of action which has already been

decided by the Tribunal. Therefore, the principle of

law as laid down by the Hon'ble Supreme Court as

well as by Hon'ble High Court applies with full

swing to the facts and circumstances of the present

case. Accordingly it is held that the claim of each

worker is barred by principle of Res-judicata.

34. For the reasons discussed above, it is held that

none of the worker involved in the instant case is

entitled for any relief as claimed by them in their

respective reference order. Accordingly reference

is decided against each of the worker and in favour

of the management.

35. It is further ordered that a copy of this award be

placed on the record of each connected files.

SHUBHENDRA KUMAR, Presiding Officer

ubZ fnYyh] 23 tqykbZ] 2015

dk-vk- 1562.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj f=os.kh LVªDpjy

fyfeVsM] bykgkckn ds izca/kra= ds lac) fu;kstdksa vkSj muds

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¼lanHkZ la- 2012 dk 102½ dks izdkf'kr djrh gS tks dsUnzh; ljdkj

dks 21@07@2015 dks izkIr gqvk FkkA

[la- ,y&42012@51@2012&vkbZvkj¼Mh;w½]

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

New Delhi, the 23rd July, 2015

S.O. 1562.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 102 of

2012) of the Central Government Industrial Tribunal-Cum-

Labour Court, Kanpur now as shown in the Annexure in

the Industrial Dispute between the employers in relation

to the management of the Triveni Structural's Ltd., Allahabad

and their workman, which was received by the Central

Government on 21.07.2015.

[No. L-42012/51/2012-IR(DU)]

P. K. VENUGOPAL, Desk Officer

3284

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVAN A 17, 1937

[PART II—SEC. 3 (ii)]

ANNEXURE

BEFORE SRI SHUBHENDRA KUMAR, HJS,

PRESIDING OFFICER, CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

KANPUR

Industrial Dispute No. 102 of 2012

Between:

Santosh Kumar,

General Secretary,

Triveni Structural's Karamchari Union,

TSL, Naini, Allahabad.

AND

The Managing Director,

Triveni Structural's Ltd.,

Naini, Allahabad.

AWARD

1. Central Government, MoI, New Delhi, vide

notification No. L-42012/51/2012-IR(DU) dated

07.12.2012, has referred the following dispute for

adjudication to this tribunal.

2. Whether the action of the management of Triveni

Structurals Ltd., Naini, Allahabad, in suspension

of service of Sri Santosh Kumar and re-employment

of concerned workman on certain un-reasonable

terms and conditions are justified? If not to what

relief the workman is entitled for?

3. Case of workman in short is that he is under the

employment of the opposite party as skilled worker-

III having personnel No. 13190. It is alleged that

Nand Lal Singh, Deputy Commandant Security had

lodged a NCR under section 323/504 IPC at PS Naini

against S.W. Hasan, O.P. Yadav and Santosh Kumar.

The workman was issued a show cause notice dated

05.04.2010 by one Sri Surendra Singh, Dy. Manager

(Production), whereby the workman was charged

that workman at about 4.30 p.m. on 12.10.2009 with

some news reporters tried to enter into the factory

through main gate whereupon the Deputy

Commandant ( Security) asked the news reporters

to get gate pass. The workman attacked and

manhandled with Deputy Commandant and also

attacked on the head of the Commandant through

a stick as a result of which he sustained serious

injuries and blood came out from his head. The

workman was directed to reply the show cause

notice within three days. Opposite party received

the reply on 20.04.2010. Opposite party vide

communication dt. 26.04.2010 informed the workman

that his reply to show cause notice was not found

satisfactory and ordered domestic inquiry against

the workman on the above charge. Sri Rajesh Kumar

Mishra, Advocate was appointed as Enquiry Officer

and Sri Ashok Kumar Dwivedi, Assistant Law

Officer as presenting officer. Enquiry officer

conducted the inquiry totally ignoring the

principles of natural justice inasmuch as before

initiation of domestic inquiry he did not inform

anything to the workman regarding procedure to

be adopted by him to conduct the domestic inquiry,

he also did not inform to him that for putting his

effective defense workman could bring his defense

representative. Enquiry against the rules of natural

justice established the charges against the

workman, workman was not provided with the

copies of statement of management witnesses to

enable him to cross examine them effectively, even

he was not provided opportunity to cross examine

the management witnesses who stated in the inquiry

against the workman, the opposite party on the

basis of enquiry report dismissed the workman from

the service of the opposite party with effect from

24.09.2010, the workman preferred an appeal against

order of his dismissal from service under the

provisions of Certified Standing Orders requesting

therein to reinstate him in the service by setting

aside the order of the dismissal, the workman on

20.01.2011 produced letter of Guard Shyam Roop

Ram and Requested that he be directed to appear

in person before the authorities of the company to

clarify the position so that the matter may be

reviewed and on 23.09.2011 he appeared before the

authorities of the company and confirmed his

previous statement, the opposite party sought

advice from advocate of High Court and the

authorities of the opposite party were advised that

by appointing another Inquiry Officer, may get the

matter inquired a fresh for finding the correctness

of the allegations against the workman, thereupon

the workman was informed that it has been decided

by the appellate authority to hold equiry de-novo,

the workman vide letter dated 19.02.2011 was

informed that he is required to appear before the

Inquiry Officer Sri B.R. Singh (Retd. Assistant

Labour Commissioner) and after concluding the

inquiry the Enquiry Officer placed his inquiry report

before the opposite party and in his report the

Inquiry Officer clearly exonerated the workman of

the allegations leveled against him, on the basis of

second inquiry report the dismissal order of the

workman was withdrawn by the management by

order dated 17.03.2011, it is also alleged that the

opposite party had reinstated the workman in the

service with certain arbitrary conditions which is

against law.

4. On the basis of above, it has been prayed by the

workman that the action of the management be held

illegal and the condition imposed on extraneous

and arbitrary considerations be set aside.

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vxLr 8] [email protected] 17] 1937

3285

5. Despite availing of sufficient opportunity opposing

party he did not file any reply against the claim of

the workman.

6. Workman apart from filling of docoment has also

filed evidence on affidavit and appeared in the

witness box for his examination. As none appeared

from the side of the management they were debarred

from cross examining the workman.

7. The workman vide his application paper No. 3/10

has filed 14 documents which are in the nature of

photocopies out of which document no. 14 of the

list of documents is very much relevant. It is dated

09.04.2011 whereby the workman was reinstated in

service with certain conditions.

8. I have gone through this document carefully and

the document reveals that the workman was

reinstated in the service of the workman with the

conditions viz., 1. He will not be entitled for any

amount by way of salary for the period he remained

outside the employment, 2. The grade in which he

was at the time of his dismissal, he will be placed a

grade below the same at the time of his

reinstatement, 3. Give an undertaking in writing to

behave in good manner in future so that further

recourse may be taken and lastly that he will not

file any case in future before any competent court

of law.

9. I may make it clear that after going through the

above conditions imposed in the reinstatement

order by the opposite party is highly shockingly

and smacks with bias. It is not at all clear that when

the workman was exonerated of the charges in the

second inquiry by the competent authority, how

above conditions could be imposed upon the

workman at the time of his reinstatement. Even an

ordinary prudent mind may cannot accept action

of the management what to say by a competent

court of law. At any rate the above conditions

cannot be allowed to prevail in the facts and

circumstances of the case.

10. Having concluded that the conditions imposed as

above is neither legal nor justified in the case of the

workman.

11. Accordingly it is held that the action of the

management as referred to in the Schedule of

reference order is neither just not proper. Workman

will be deemed to be reinstated in the service of the

opposite party and he will be entitled for all

consequential benefits attached with the post

including the pay and allowances for the period he

remained out of employment.

12. Reference is answered accordingly in favour of the

workman and against the opposite party.

SHUBHENDRA KUMAR, Presiding Officer

ubZ fnYyh] 23 tqykbZ] 2015

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gqvk FkkA

[la- ,y&14012@13@2009&vkbZ vkj ¼Mh;w½]

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

New Delhi, the 23rd July, 2015

S.O. 1563.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D. No. 38 of

2009) of the Central Government Industrial Tribunal-cum-

Labour Court, Kanpur now as shown in the Annexure in

the Industrial Dispute between the employers in relation to

the management of the Small Arms Factory, Kanpur and

their workman, which was received by the Central

Government on 21/07/2015.

[No. L-14012/13/2009-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE SRI SHUBHENDRA KUMAR, HJS,

PRESIDING OFFICER, CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

KANPUR

Industrial Dispute No. 38 of 2009

Between:

Sri Rajender Prasad Tiwari,

C/o Sri B.P. Pandey,

106/371 Heeraganj,

Kanpur.

AND

The General Manager,

Small Arms Factory,

Kalpi Road, Kanpur.

AWARD

1. Central Government, MoI, New Delhi, vide

notification No. L-14012/13/2009-IR(DU) dated

17.07.2009, has referred the following dispute for

adjudication to this tribunal.

2. Whether the demand of Sri Rajender Prasad Tiwari

for his reinstatement in service with effect from

28.04.99 by the management of Small Arms Factory,

Kanpur, is legal and justified? If yes, what relief the

workman is entitled to?

3286

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVAN A 17, 1937

[PART II—SEC. 3 (ii)]

3. Case of the workman is short is that his father Late

Shri Durga Prasad Tiwari, was employed as LDC

under the opposite party who died on 17.05.92 in a

road accident and at the time of death his age was

53 years. On the written request of the mother of

the workman, the workman was provided with the

employment by the opposite party in security

department on compassionate ground and he was

appointed as security guard on 29.03.93. On getting

information that the younger brother of the

workman is missing and despite best efforts neither

he was traceable nor was any clue available about

his whereabouts. Looking to the pitiable conditions

of the family members, the workman was not able

to perform his duties regularly as a result of which

his mential condition started detoriating day by

day and he was not able to attend his duties

regularly. Due to the mental illness of the workman

his in-laws took the workman at their home where

the workman started misbehaving with their family

members regarding which the matter was reported

with PS Armapore Kanpur on 28.3.99, with the

request that the workman be get medically examined.

With regard to the mental condition of the workman

the police authorities also sought information from

the authorities of the opposite party and they also

confirmed that the mental condition of the workman

is not fit and the workman is not in his full sense.

4. The workman in a state of mental disorder and out

of sense submitted his resignation from the service

on 21.04.99 to the General Manager of the opposite

party. On coming to know about this fact the mother

of the workman vide her letter dated 23.04.99,

requested the General Manager, Small Arms Factory,

Kanpur, not to accept the resignation of his son

from the service of the opposite party. Despite the

fact that the mental condition of the workman was

not well, workman personally appeared before the

authorities of the opposite party on 26.04.99, and

again submitted a resignation letter on the same

day requesting there in that by all means his

resignation should be accepted and his name be

struck down from the muster roll of the opposite

party. It is further alleged that the in laws of the

workman started his mental treatment from a mental

doctor at their own cost. Widow mother of the

workman also submitted an affidavit before the

General Manager of the opposite party on 14.06.99.

The wife of the workman has also submitted an

affidavit dated 14.06.99 before the General Manager

of the opposite party. The General Manager, Small

Arms Factory, Kanpur, issued an order No. 974 dated

25.06.99, by means of which the name of the

workman had been struck down from the

attendance register with effect from 28.04.99.

5. It is further alleged by the workman that

Dr. Mahendru who is doctor for mental disease after

medically examining him issued a fitness certificate

dated 14.07.05. The workman along with fitness

certificate appeared before the authorities of the

opposite party requested in writing to permit him

to resume his duties. The opposite party vide order

No. SAF/1585 dated 01.02.06 informed the workman

that a long period of six years have been elapsed,

therefore, at this stage it is not possible for the

administration to reinstate the workman in the

service of the opposite party.

6. On the basis of above, the workman has prayed

that impugned order dated 01.02.06 be declared as

illegal and he be treated to be reinstated in the

service of the opposite party with effect from

15.07.05, with full wages for the period he remained

under medical treatment and continuity of service

be also allowed to him.

7. The opposite party has filed their reply in which it

is alleged that the present claim of the workman is

not maintainable as he is governed by the

provisions CCS (CCA) Rules 1965. The workman

had submitted an application dated 21.04.99 to the

General Manager, Small Arms Factory, Kanpur, in

which he had stated that he is resigning on his own

willingness and in full sense. As per instructions

the workman was called for counseling by the then

Security Officer, Small Arms Factory vide his letter

No. SO/SAF/67 dated 23.04.99 for the purpose of

personal hearing and after the counseling Security

Officer found him normal in behavior and

recommended that his resignation be accepted.

After hearing his firm and final decision as confirmed

by the workman vide his application dated 26.04.99

by requesting to accept his resignation with effect

from 28.04.99 without any further correspondence

a there was threat to his life resignation was

accepted with effect from 28.04.99 and his name

was struck off from the strength of the opposite

party. The resignation of the workman was accepted

by the General Manager of the opposite party and

order part-II No. 974 dated 25.05.99 was published

and his name was struck off from the strength of

the factory with effect from 28.04.99. It is admitted

by the opposite party that after the resignation the

mother and wife of the workman submitted

applications dated 23.04.91 and his wife submitted

application on 01.06.99, but of them had submitted

any medical certificate in support of their

application. It is further alleged by the opposite

party that a person, who is mentally instable is not

fit for the government service that too in a sensitive

department. Both the applications have been

suitably replied by the opposite party by stating

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vxLr 8] [email protected] 17] 1937

3287

that the workman has give his resignation on his

own willingness and in full sense and there exist no

instructions to provide employment to the near

relative of government employee on resignation. It

is also alleged by the opposite party that after long

gap of more than 6 years the workman submitted

an application on 22.11.05 stating that he resigned

from the service of the opposite party in abnormal

mental condition and requested to reinstate him in

the service on the basis medical fitness certificate

of Dr. R.K. Mahendroo, MBBS, M.D. dated

14.07.05, which seems to be an afterthought. The

procedure of withdrawal of resignation after it has

become effective is governed by the statutory

provisions in sub-rule (4) to (6) of Rule 26 of the

CCS (Pension) Rule 1972, which is applicable only

to holders of permanent post and any relaxation of

any provision of the above rules will need the

concurrence of the Ministry of Personnel Public

Grievance and Pension. The resignation of the

workman was accepted after due observance of

the procedure.

8. On the basis of above pleadings it is prayed that

the claim of the workman is devoid of merit and is

liable to be rejected.

9. The workman along with his claim petition has filed

paper No. 4/8-22, whereas the opposite party with

their reply has filed paper Nos. 8/43 to 8/51.

10. Apart from above the workman has examined

himself as W.W. 1 and as against him the opposite

party has examined Sri S. Chaterjee as M.W.1 in

support of their respective cases.

11. I have heard the arguments of the parties at length

and have also examined the record of the case

carefully.

12. It is not in dispute that the workman was given

appointment by the opposite party on

compassionate ground and out of his mental

disorder he had submitted his resignation from the

service of the opposite party. The workman in his

evidence has stated that he was appointed under

the opposite party on 29.03.93 at the post of Durban

on the ground of compassionate appointment after

overall consent of his brothers. He stated that

during the course of his service he became mad

because his younger brother was kidnapped. He

goes on to state that due to his mental disorder he

resigned from the service on 2l.04.99 and regarding

his resignation his mother informed the General

Manager, Small Arms Factory, Kanpur, in wirting

and submitted an affidavit not to accept the

resignation of the workman but the department

accepted the resignation dated 21.04.99 on 28.04.99.

He was neither paid any notice nor notice pay at

the time of accepting his resignation. Under which

doctor his treatment was going on the same has

been informed to the authorities of the oppoiste

party by his mother. He further stated that after

being declared fit he reported for his joining with

medical fitness certificate. He also admitted the fact

that after four or five years he reported for his duties

before the opposite party, but the opposite party

infomred him that he had reported for his duties at

belated stage therefore, he cannot be allowed to

resume his duties. He was also not aid the amount

of his gratuity, leave encashment and group

insurance.

13. In his cross-examination witness has admitted that

he was given appointment on compassionate

ground. It is wrong to suggest that on 21.04.99, he

tendered his resignation in his full sense rather his

condition was like a mad person. He admitted that

Annexure-A to his claim statement is in his hand

writing. I have examined Annexure-A which appears

to be written not by the workman but someone else

and the said document is addressed to PS Armapore.

It appears that under some confusion the witness

has stated that the paper no. Annexure-A to his

claim statement is in his hand writing. Witness

further admitted the fact that while submitting his

resignation he has not submitted any medical

certificate. Winess denied the suggestion that in

respect of his resignation the Security Officer has

called him. After going through Annexure-B to the

reply of the management the witness stated that no

such letter was ever give to him. Annexure-B to the

reply of the management is dated 23.04.99 alleged

to be written by the Security Officer of the opposite

party in the name of the workman. From the letter it

appears that the Security Officer has counseled

the workman not to give his resignation and think

over the matter again and reply the same within a

week so as to process further course of action in

the matter. Witness has further stated that when

the letter of the security officer was not received

by him then question of calling him by the Security

Officer does not arise. Witness has further admitted

the fact that his resignation letter was accepted by

the General Manager of the opposite party with

effect from 28.04.99. In this regard the opposite

party has filed Annexure-D with their reply which

is a letter dated 25.05.99, written by Deputy General

Manager, Small Arms Factory, Kanpur, informing

the workman that his resignation has been accepted

by the General Manager/Appointing Authoirty with

effect from 28.04.99. It is not in his personal

knowledge that his name was strike out from the

attendance register on 28.04.99. Witness has

admitted the fact that his mother and his wife have

given some letters to the opposite party but he is

3288

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVAN A 17, 1937

[PART II—SEC. 3 (ii)]

not aware as to what was written therein. It is correct

to say that after 5 or 6 years he has requested for

providing service. After going through

Annexure-A to the reply of the opposite party the

witness has admitted that it is a resignation which

is in his hand writing. Annexure-C to the reply of

the management is second resignation letter

submitted by the workman which is dated 26.04.99,

stating therein that by all means his name should

be struck down from the attendance register with

effect from 28.04.99. Annexure-E and F to the reply

of the management are letters written by the mother

and wife of the workman.

14. The witness of opposite party M.W.1 in his cross-

examination has admitted that he had never

supervised the work of the workman directly. He

has further admitted the fact that Security Officer is

not having any authority or power to appoint any

person or to terminate him. Workman was appointed

in the year 1993 and he was regular and permanent

employee of the opposite party. It is wrong to

suggest that the workman was not given any order

in writing and the same has been sent to him through

registered post. After going through the record he

has filed his statement on oath before this tribunal.

Witness has admitted that it appears that annexure-

E to the reply of the management appears to have

been received by the management on which date is

entered as 23.04.99. On the request of the mother of

the workman he was not referred to any hospital

for medical checkup because only on the request

of an employee he is sent for his medical checkup.

To a specific question that Annexure-D was never

served upon the workman by any mode. In reply to

this quesiton the witness has admitted that in

normal course any correspondence is sent through

post but on the request of the workman his

resignation was accepted and the workman has

never demanded copy of letter dated 25.05.99.

Deputy General Manager is competent to serve

resignation being Head of Office. There was no

necessity for any action on the request of the mother

of the workman. The witness has proved the

documents Annexure-A to H to the reply of the

management.

15. The representative for the workman contended that

the workman has submitted his resignation while

he was not in sense and was suffering with mental

illness and his mother and wife has submitted

application before the opposite party intimating that

the mental condition of the workman is not in order

so his resignation should not be accepted.

16. On the contrary it has been contended by the

representative for the opposite party that the

workman has submitted his resignation of his own

will in a sound mental condition and the same has

been rightly accepted by the competent authority.

17. Now the point which arises for consideration is as

to whether the workman has submitted his

resignation in sound mental state or at the time

when he was mentally abnormal.

18. I have considered the pleadings and evidence of

the workman and I find that from the initial stage it

is the case of the workman that he tendered his

resignation when his mental state was quite

abnormal and he was not in his full sense. This fact

stands proved from his evidence oral as well as

documentary. In this regard the workman has filed

paper No. 4/12 which is a medical prescription of

Dr. R.K. Mahendru MBBS, MD, who is expert of

mental disease. This document is dated 13.06.99.

The opposite party did not confronted the workman

in his cross-examination on the point that this

document is forge one or fake document. Even he

was not suggested that this document is procured

for the purpose of the case. I also find that even the

witness of the management has not whispered

anything regarding the mental illness of the

workman.

19. Therefore, on the basis of evidence documentary

as well as oral, I am of the opinion, that the workman

tendered his resignation twice while he was

suffering from mental illness otherwise in normal

course why a person of sound mind would submit

his resignation of his own accord. This fact further

strengthens from the document paper No. 4/8

annexed with the claim statement of the workman

which is dated 14.07.05. It is a fitness certificate

issued by Dr. R.K. Mahendru stating therein that

after detailed mental status examination and

observation during a period of 10 days does not

reveal evidence of any psychiatric disturbance.

Hence he is declared mentally fit to resume his

duties.

20. I do not find any force in the contention of the

opposite party that the workman has tendered his

resignation willingly and knowingly.

21. Therefore, considering the above circumstances

of the case and evidence of the parties it is

concluded that the workman has tendered his

resignation at such point of time when he was not

mentally fit. Moreover in his cross-examination the

workman has admitted the fact that he became mad

for the reasons detailed in the claim petition and

tendered his resignation. Even the opposite party

has not filed any document to disbelieve the case

of the workman.

22. The representative for the opposite party in support

of his contention has relief upon on the following

authorities:

[Hkkx II—[k.M 3 (ii)]

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3289

a. 2006 (111) FLR 753 Supreme Court Chandmal

Chayal and State of Rajasthan, wherein the

Hon'ble Supreme Court has held that

resignation can only be withdrawn before its

acceptance-Once resignation is accepted there

is no jural relationship between the former

employer and employee and employee cannot

claim for withdrawal of his resignation and

reinstatement.

b. 2010(124) FLR 968 Allahabad High Court

between Anju Devi Maurya versus State of

U.P. wherein the Hon'ble High Court has held

that petitioner is a Rozgar Sewak under the

Scheme which does not require acceptance of

a resignation-resignation tendered voluntarily

not require any acceptance, hence there is no

occasion for the petitioner to withdraw her

resignation.

c. 1992 (64) FLR 972 Nand Keshwar Prasad versus

Labour Court Allahabad and others wherein

the Hon'ble High Court has held that

resignation withdrawal of at any time before it

became effective would have been available,

provided the resignation has not been accepted

by the competent authority.

23. With due respect I would like to say that none of

the case law are applicable to the facts and

circumstances of the present case which is

distinguishable on facts and law both. In the instant

case it has been found that the workman has

tendered his resignation when his mental condition

was not well and he had never requested the

management not to accept his resignation.

24. From the above authorities it is clear that once a

person has submitted his resignation voluntarily

then he has no right to withdraw the same after its

acceptance by the competent authority.

25. On behalf of the workman his representative has

relief on ruling of Hon'ble High Court of Jharkhand,

2013 (137) FLR 21 Braja Gopal Ghosh versus Central

Coal Field Limited and Anothers, in which the

Hon'ble High Court considering the fact that after

submission of resignation by petitioner his wife

wrote letters informing the Diretor that her husband

is suffering from mental disturbances and therefore

his resignation may not be accepted and is

undergoing treatment and again sent a letter on

03.10.2003. There is also medical prescription on

record that letter that the petitioner was suffering

from serious depression psychosis.

26. The Hon'ble High Court, considering all the facts

and circumstances allowed the writ petition filed

by the petitioner. Hence,impugned order not

accepting the request for withdrawal of resignation

are set aside.

27. The facts of the present case are analogous to the

facts of above case and present ruling applies in

the instant case. The witness of the management

Sri S. Chatterjee MW1 in his cross-examination has

accepted that letter of mother of workman was

received on 23.04.99 and also admitted that after

receiving letter workman was not referred for

medical check up on the ground that such request

should be made by employee only, therefore,

without considering the request of the mother of

the workman resignation of the worker was

accepted. It was the duty of the employer to refer

workman for medical checkup and if it was found

that the worker is not suffering from any mental

illness then they should have proceeded in the

matter for accepting the resignation of the worker.

Worker has also filed medical prescription dated

13.06.99, to show that he was under treatment of

Dr. R.K. Mahendru and has also made

representation dated 22.01.5 to the General Manager

with request to review his order of acceptance of

resignation and to permit him to resume duty on

the basis of medical fitness certificate and attached

certificate dated 14.07.05 issued by Dr. R.K.

Mahendru stating him to be mentally fit to resume

his duties. These all facts are supported by the

workman who has examined himself as. W.W.1.

28. On the basis of above observations, it is held that

the action of the management of Small Arms Factory,

Kanpur, is not accepting the demand of the workman

for his reinstatement is neither legal nor justified.

The impugned order dated 25.05.99, passed by

Deputy General Manager/Admn. issued for General

Manager is liable to be set aside and is hereby set

aside.

29. Now question arises for consideration as to from

which date the relief of reinstatement is to be given

to the workman. Although from the schedule of

reference order it is apparent that the worker has

demanded his reinstatement in the service of the

employer with effect from 28.04.99, but after overall

consideration of the evidence and facts of the case

I find that the workman remained under medical

treatment for his mental disease and he applied for

his reinstatement only on 22.11.2005, therefore, ends

of justice would be met if the workman is allowed

his reinstatement with effect from 22.11.05 with back

wages seniority and all consequential benefits. The

period from 21.04.99, the day when he submitted

his resignation till 21.11.05, will be regularized as

no work no pay but the intervening period of

absence from duties will have no adverse effect

and should be counted for payment of pension

gratuity etc.

3290

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVAN A 17, 1937

[PART II—SEC. 3 (ii)]

30. Therefore, in the above terms the workman is

reinstated in service with effect from 22.11.05 with

full back wages, seniority and other consequential

benefits.

31. Reference is therefore, decided in favour of the

worker and against the management.

SHUBHENDRA KUMAR, Presiding Officer

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New Delhi, the 23rd July, 2015

S.O. 1564.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D. No. 69 of

2010) of the Central Government Industrial Tribunal-Cum-

Labour Court, Kanpur now as shown in the Annexure in

the Industrial Dispute between the employers in relation to

the management of the Department of Post, Agra and their

workmen, which was received by the Central Government

on 21.07.2015.

[No. L-40011/2/2010-IR (DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE PRESIDING OFFICER, CENTRAL

GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-

LABOUR COURT, KANPUR

INDUSTRIAL DISPUTE No. 69 oF 2010

BETWEEN:—

Sri Ganga Ram,Through District President,

Rashtriya Mazdoor Congress,68,

Sector 16, Sikandra, Agra.

AND

Sr. Superintendent of Post Offices,

Department of Post,

Sanjai Place, Agra.

AWARD

1. Central Government, Mol, New Delhi, vide

notification No. L-40011/2/2010-IR(DU) dated

30.03.2010, has referred the following dispute for

abjudication to this tribunal—

2. Whether the action of the management of Sr. Post

Master, Agra in terminating the services of their

workman Sri Ganga Ram w.e.f 18.09.08 is legal and

justified? If not, what relief the workman is entitled

to?

3. The case of the workman in short is that he was

engaged by the opposite party with effect

05.05.2007 on the basis of letter dated 04.05.2007 as

driver. The opposite party took work from the

workman up to 17.09.2008 and with effect from

18.09.08, he was illegally removed from the service

without showing any reason and without giving

any notice, or retrenchment compensation and in

his place new person was engaged by the opposite

party. He had worked more than 240 days and the

opposite party has violated the provisions of

section 25F, 25H & 25G of the Act. It is also alleged

that the opposite party in their reply dated 20.10.08

under RTI Act, 2005, has clearly admitted that the

workman was engaged by the opposite party on

daily rate basis. It was also admitted by the opposite

party in the said letter that the workman being a

daily wager, therefore, no reason is reqired to be

shown to the workman at the time of dispensation

of his service.

4. Lastly it is pleaded that as the workman has

completed more than 240 days of continuous

service and as the opposite party had violated the

mandatory provision of section 25F, 25H and 25G

of the Act, therefore, his dispensation from the

service of the opposite party is absolutely illegal

and being so the action of opposite party is liable

to be set aside and the workman is entitled to be

reinstated in the service of the opposite party with

full back wages and all consequential benefits.

5. The opposite party field their reply in which it is

alleged that the opposite party being department

of Government of India, therefore, provisions of

the Act are not applicable and the reference being

misconceived is liable to be dismissed. Government

of India has framed its own recruitment rules and

those rules are applicable on the opposite party.

The claimant has never gone through selection

process as such he was never appointed on any

post and being so he is not a bonafide employee,

therefore, he is not entitled for any relief. There

never accrued any cause of action in favour of the

workman to approach this Tribunal under the

provision of the Act. It is admitted by the opposite

party that the claimant was engaged on highly

intermittent work on daily wage basis. It was also

admited by the opposite party that whenever there

was need the workman was engaged as safai

[Hkkx II—[k.M 3 (ii)]

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3291

karamchari. The opposite party has denied having

appointed new hands after the termination of the

services of the workman. It is also stated that the

opposite party had ever appointed the workman or

had ever terminated the service of the workman;

therefore, applicability of the above provisions in

the present case does not apply. Lastly it is

submitted by the opposite party that there never

existed relationship of employer and employee

between the opposite party and the workman

therefore, the claim of the workman is liable to be

dismissed.

6. The workman has filed rejoinder in the case but

nothing new has been pleaded except reiterating

the facts already pleaded by him in his claim

statement.

7. The workman vide paper No. 10/1-2 had filed 12

documents relevancy of which will be considered

at appropriate stage.

8. Workman besides filing of document has also

adduced his oral evidence.

9. Opposite party vide application dated 07.05.12 has

filed one document which is paper No. 11/2.

10. Opposite party has not filed any documents but

have simply adduced oral evidence of Sri

Brahmadeo as M.W.1 who is Senior Post Master,

Agra.

11. I have heard the arguments of both the sides at

length and have carefully perused the whole record

of the case.

12. The workman in his evidence has clearly admitted

that he was appointed at the post of driver with

effect from 5.5.07 and he was given written order

by the opposite party. He has filed that order on

the record of file. Paper No. 10/3 is appointment

letter dated 04.05.07 issued by Sr. Post Master, Agra.

At this place I have examined the document and

find that it is specifically mentioned that one

Bhagwan Das was engaged for delivery of daks

but he was not having valid driving license there

for he showed his inability to provide the service

of driver therefore workman Sri Ganga Ram was

engaged as driver on daily rate basis to drive tempo

and mail motor. He has also admitted the fact that

paper no. 10/9 is a driving license in his name

original of which was shown to the opposite party

at the time of his evidence. He goes on the state

that the opposite party had removed his services

orally. He worked more than 240 days of continuous

service and that at the time of termination of service

neither any notice nor retrenchment compensation

was given by the management. He was used to

drive Tempo and Tata vehicle by the management.

He used to carry daks in the vehicle. The vehicle

which driven by him is still in the office of the

opposite party.

13. In his cross examination the witness has stated

that opposite party had issued written orders for

his engagement. The witness has denied the

suggestion put by the management that paper no.

10/3 is not an appointment letter and that he ever

worked as a casual labour or have performed

scavenging work. The workman remained silent to

a question put by the management that in paper

no. 9/11 to 9/22 he has been shown as a daily wager

and the work which was performed by him he was

paid for the same by the department. He after going

through the document paper no. 11/1 to 11/2 stated

that he had provided the same to the department.

He denied the suggestion that he had not

completed 240 days of work.

14. Management witness in his examination in chief

has stated that the workman worked in the

department as daily wage employee and he

sometimes worked as driver besides doing the

scavenging work. Initially he was paid Rs. 90 per

day and thereafter his wage was enhanced at

Rs. 100 per day. He was paid only for such days

when he performed the work. There is prescribed

recruitment rules for appointment of Drivers. He

further stated that when the workman was engaged

no appointment letter was issued in favour of the

workman. Workman submitted paper no. 11/2 to

the department. Engagement of the workman was

on need basis. He further stated that he had not

checked that workman had ever completed 240 days

of work. After going through papers no. 9/1 to 9/22

which was filed by the workman, witness stated

that those papers are correct. I have also examined

the papers and I find that the papers are payment

vouchers through which workman was paid his

wages.

15. Management witness has further stated that except

the papers mentioned above no other papers are

present relating to this case. Paper no. 11/29 containes

the seal of the department and paper is genuine.

With regard to paper no. 10/3 witness has stated

that this document pertain to Deoki Nandan

whereby he was paid wages for 28 days. He also

admitted that paper no. 11/184 to 11/208 are the

papers of the department. By going through the

above papers witness has stated that it cannot be

said that workman forged his signature and could

file the same in the case. The above papers are

available in the department. Relating to paper no. 10/3

witness has admitted the fact that paper containes

seal of the department but expressed his ignorance

to state as to which officer had signed the document.

3292

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVAN A 17, 1937

[PART II—SEC. 3 (ii)]

Witness reiterated that on 18.09.2008 workman was

not removed from the service.

16. In his cross examination witness has stated that he

had come to give his evidence on the basis of

record. He could not say how many light motor

vehicles and how many heavy motor vehicle are in

the department. He admitted that there are several

vehicles in the department through which

distribution of dak is done. He stated that speed

post delivery is done only once in a day and wok of

this nature is done daily. The work is of permanent

nature. By going through paper no. 11/1 to 11/324

witness admitted that these are delivery receipts.

On examination of these papers it is quite evident

that it is for the period 19.09.07 to 16.09.08. He further

admitted that dak delivery work was done by

workman Ganga Ram. Witness goes on to admit

the document paper no. 10/3 by stating that this

document is of his department. Withness denied

the suggestion as to from what date workman was

utilized as driver and he cannot state exact date but

possibility cannot be ruled out that after this letter

the work of driver might have taken from the

workman. He admitted the document paper no.

10/4 and stated that it is the document of the

department.

17. Management witness in his cross has admitted that

document no. 11/1 to 11/324 are sheets of dak

receipts through which daks were delivered by

workman and also bears the signatures in token of

having received mails and dak. He further admitted

that these daks were delivered by workman Sri Ganga

Ram. The delivery sheets are retained in the

department for one year but at present it is retained

only for six months. No muster roll is prepared nor

workman was asked to sign the attendance register

and only for the purpose of making payment name

is noted on separate paper. Witness has further

denied the suggestion that on 18.09.08 any new

hand as driver was engaged by the department and

at that time both tempos were present in the

department. He stated that workman was paid his

wages some times weekly or some times after

15 days. It is wrong to say that workman at any

point of time was removed from the service of the

department orally or otherwise.

18. Workers authorized representative while addressing

the court has drawn the attention of the court to

document no. 10/3 submitting that it is a letter issued

by Senior Post Master Agra appointing the

workman as driver in the department for distributing

the mails and daks to the different post offices.

19. The representative for the opposite party asserted

that the workman was never appointed as driver

and that for recruitment of drivers department is

having recruitment rules and that the workman was

never subjected for selection at the post of driver,

therefore, there exist no relationship of master and

servant between the opposite party and workman.

20. In this context I have examined the whole documents

and find force in the arguments of the representative

for the workman. By a bare perusal of document

paper no. 10/3 it is crystal clear that workman was

engaged as driver to distribute mail and daks. Apart

from the above, document no. 10/4 is a curfew pass

issued by the opposite party in favor of workman

clearly mentioning that the workman is working as

driver in the department. Paper no. 10/9 and 10/10

are the driving license of the workman, paper no.

10/1 is the reply filed by the department before Dy.

Chief Lab or Commissioner (Central), Kanpur,

wherein it has clearly been admitted by the opposite

party had engaged workman as daily wager and

since he is also knowing driving so sometimes work

of driving the vehicle was also taken from the

workman. Document paper nos. 10/2 to 10/8 is

payment sheet prepared by the department which

also includes the name of the workman.

21. After giving my anxious consideration to the

documentary as well as oral evidence WW. 1 and

MW. 1, I am unable to accept the arguments of the

opposite party that neither the workman was

engaged by the department nor there existed

relationship of employer and employee between

the opposite party and the workman. There is over

whelming evidence on record from the side of the

workman to show that he was engaged by the

department by order in writing and that he was

paid his wages monthly basis for the work which

was performed by him and also that he had

completed much more than 240 days preceding 12

calendar months from the date of his termination.

22. Therefore, it is held that the workman was engaged

by the opposite party and by no stretech of

imagination it can be accepted, as argued by the

opposite party that they never engaged the

workman.

23. It has been next argued by the representative for

the workman that the workman had worked for 240

days and more preceding 12 calendar months from

the date of termination therefore, workman is

entitled for the protection of section 25F of

industrial Disputes Act, as neither any notice nor

notice pay in lieu of retrenchment compenstion was

offered to the workman by the opposite party at

the time of termination of the service of the

workman. The fact that the workman had worked

for 240 days and more, proceding 12 calendar

[Hkkx II—[k.M 3 (ii)]

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3293

months is established from the oral evidence of the

workman as also from documentary evidence paper

no. 9/1 to 9/22 as also from document no. 11/1 to

11/324.

24. As per contra it has been submitted by the

representative for the opposite party that they have

never terminated the service of the workman at any

point of time so question for making compliance of

section 25F of the Act is not mandatory in the case

of the workman.

25. I have considered the arguments of the parties and

find that the arguments of the management is not

acceptable as it is admitted by the witness of the

opposite party that the workman was engaged as

driver vide document no. 10/3 and when this fact of

his engagement is admitted by the witness of the

management then no other opinion is possible

except to held that the workman was in the

employment of the opposite party as driver. From

the evidence of the workman it is quite clear that

neither he was neither given any notice nor notice

pay in lieu of retrenchment compensation at the

time of his disengagement by the department

therefore, provisions of section 25F of the

automatically would come into play rendering the

disengagement as illegal and in operative in the

eye of law. As such arguments of the opposite party

cannot be accepted and it is held that the action of

the management shown in the reference order is

held bad in law.

26. The representative for the workman has cited case

laws viz., 2014 AIR SCW 3157 Supreme Court, 2010

(125) FLR 629, (2010) 2 SCC (L&S) 63, (2007) 1SCC

(L&S) 961, 2005 (105) FLR 383, 1999 lab IC 1125,

and 2002 (93) FLR 79 Rajasthan High Court in

support of his case and submitted that the workman

is entitled for his reinstatement with full back wages

and all consequential benefits.

27. I have gone through the case laws cited by the

workman and find that judgments of the Hon'ble

Apex Court and Hon'ble High Court applies to the

facts and circumstances of the present case with

full swing.

28. Representative for the opposite party has also

placed reliance on case laws of Hon'ble Apex Court

in the case of The Range Forest Officer and

Hadmani, 2002 (93) FLR (79) in which it has been

held by the Hon'ble Apex Court that onus to prove

that respondent has worked for more than 240 days

is not on mangement—claimant has to lead

evidence to show that he has worked for 240 days,

filing of an affidavit is not sufficient. As discussed

above that the workman has successfully proved

his case that he had worked for more than 240 days

in 12 calendar months preceding the date of his

termination therefore, the law cited by the opposite

party instead of helping to the case of the

management supports the case of the workman.

Being so managment could not take any advantage

of the law cited by it.

29. Similarly case cited by the management of Hon'ble

Allahabad High Court, reported 2013 (137) FLR has

no application in the present case as the workman

has proved the fact from his evidence oral as well

as documentary that he was in the direct

employment of the opposite party. As such the

decision of Hon'ble Allahabad is distinguishable

on facts and law both therefore, cannot be made

applicable to the facts and circumstances of the

present case.

30. No other point has been pressed by the contesting

parties in the present case.

31. Therefore, for the reasons given above, it is held

that the action of the management of Senior Post

Master, Agra, in terminating the services of their

workman Sri Ganga Ram with effect from 18.09.2008

is neither legal nor justified. Accordingly the

workman is held entitled for reinstatement in the

service of the management with full back wages

and consequential benefits. Reference is answered

accordingly.

SHUBHENDRA KUMAR, Presiding Officer

ubZ fnYyh] 23 tqykbZ] 2015

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FkkA

[la- ,y&40012@101@98&vkbZvkj ¼Mh;w½]

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New Delhi, the 23rd July, 2015

S.O. 1565.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D. No. 85/99) of

the Central Government Industrial Tribunal-cum-Labour

Court, Kanpur now as shown in the Annexure in the

Industrial Dispute between the employers in relation to the

management of the Door Sanchar Vibhag, Lucknow and

their workman, which was received by the Central

Government on 21/07/2015.

[No. L-40012/101/98-IR(DU)]

P. K. VENUGOPAL Desk Officer

3294

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVAN A 17, 1937

[PART II—SEC. 3 (ii)]

ANNEXURE

BEFORE SRI SHUBHENDRA KUMAR, HJS,

PRESIDING OFFICER, CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR

COURT, KANPUR

Industrial Dispute No. 85/99

Rakesh Kumar Dubey,

Son of Sri Shiv Nath Dubey,

C/o Sri R.M. Shukla,

119/30 Naseemabad,

Himanchal Talkies,

Kanpur. 208001.

AND

The Chief General Manager

Door Sanchar Vibhag,

Lucknow.

AWARD

1. Central Government, Mol, New Delhi, vide

notification No. L-40012/101/98/IR (DU) dated

23.04.99, has referred the following dispute for

adjudication to this tribunal.

2. Whether the action of the Door Sanchar Vibhag in

terminating the services of Sh. Rakesh Kumar Dubey

is legal and justified? If not to what relief the

workman is entitled?

3. The exchequer case history of the present dispute

is that in this case first award was recorded by the

tribunal on 25.01.2001 in favour of the workman

which was challenged by the opposite party before

the Hon'ble High Court, Allahabad in CMWP No.

39466 of 2001 and the said writ petition was finally

decided vide order dated 24.02.2004 wherein the

award of the tribunal was set aside and the case

was remitted back to the tribunal for deciding the

same a fresh.

4. After remand of the case the tribunal again recorded

its award on 28.12.06, in favor of the workman which

was again agitated by the opposite party before

the Hon'ble High Court Allahabad, in CMW© No.

29260 of 07. The said writ petition was further

decided by the Hon'ble High Court on 21.01.2011

and the case was again remitted back to this tribunal

by setting aside the order of the tribunal for

deciding the case a fresh.

5. After remand of the case the tribunal again recorded

its award on 13.10.11 against the workman holding

that the date of termination has not been mentioned

in the reference order which is fatal and cannot be

cured while adjudicating the reference order and

accordingly the reference was decided against the

workman by the tribunal. The workman being

aggrieved by the aforesaid award of this tribunal

preferred writ petition No. 65278/12, before the

Hon'ble High Court, Allahabad, which was decided

vide order dated 18.12.2012 with the direction that

in case petitioner moves an application for

amendment before the appropriate government and

if amendment is granted the tribunal may dispose

of reference expeditiously.

6. From the records of the case it reveals that the

worker in the light of the order of the Hon'ble High

Court, Allahabad passed 18.12.2012, moved an

application before the appropriate government

seeking amendment in the reference order which

was allowed considering the directions of the

Hon'ble High Court, Allahabad, by the appropriate

government and the appropriate government vide

corrigendum dated 17.05.2012 added the date of

termination of the services of the workman as

09.03.88, therefore, now the reference order should

be read as under—

Whether the action of the Door Sanchar Vibhag

in terminating the services of Sh. Rakesh Kumar

Dubey with effect from 09.03.88 is legal and

justified? If not to what relief the workman is

entitled?

7. It may be pointed out here that after the amendment

in the reference order the workman and the opposite

party have filed their amended claim and amended

written statement in the case.

8. It is pertinent to point out here that prior to

amendment in the reference order, the worker has

filed his claim petition alleging therein that he was

appointed at the post of Jeep Driver on 11.11.96 by

the opposite party and he worked continuously till

08.03.88 without break in service under SDO,

Doorsanchar, Manipuri. His work and conduct was

always found satisfactory the post against which

he was appointed is still in existence and that he

was appointed against regular and permanent post.

The workman was deprived of his work by the

opposite party with effect from 09.03.88 without

any ryhm and reason termination of his service was

without any written order or without giving him

any notice, notice pay or retrenchment

compensation was illegal. He was appointed on

casual basis and was paid Rs. 19.50 paisa per day a

wages and he completed for more than 240 days in

a calendar year before the date of his termination,

therefore, his termination from service is violative

of the provisions of section 25F of the Act is

therefore, illegal and he is entitled to be reinstated

in service with full back wages.

9. Needless to mention that award dated 25.01.2001

was an ex-parte award as the management had not

filed its reply in the case. Whereas the opposite

[Hkkx II—[k.M 3 (ii)]

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3295

party has filed its reply second time when the case

was remitted back to this tribunal alleging therein

that no relationship of employer and employee

exists between the employer and the applicant and

that he was never appointed as claimed by him.

The opposite party had denied the alleged

engagement of the applicant as Driver on 11.11.86.

It has been denied by the management that the

claimant continued continuously up to 08.03.88 and

on the basis of above grounds it has been prayed

that the claim of the workman is liable to be rejected

and the workman is not entitled for any relief.

10. It is further pointed out here that second time after

the evidence of the worker was closed the tribunal

granted repeated opportunities to the management

i.e. on 14.12.2006, 02.05.2006, 25.07.2006, 09.10.2006

and lastly on 07.12.2006, but the management

neither adduced any documentary evidence nor

oral evidence in the case as a resultant effect that

the case was decided by the tribunal against the

opposite party for want of adequate evidence in

the case.

11. The aforesaid award of the tribunal was set aside

by the Hon'ble High Court and the case was remitted

back to the tribunal for deciding the same, but the

tribunal third time decided the award against the

workman simply on the ground that since no date

of termination is mentioned in the reference order,

therefore, the reference order is vague and on this

basis workman cannot be held to be entitled for

any relief.

12. Thereafter the worker has assailed the award of the

tribunal before the Hon'ble High Court, Allahabad,

by filing writ petition and the Hon'ble High Court

decided the reference observing that if the worker

approaches the appropriate government for

amendment in the reference order and if his request

is accepted by the appropriate government and

reference is amended, the tribunal should decide

the reference expeditiously.

13. After the reference was amended by the appropriate

government vide corrigendum dated 17.05.2013, the

management sought permission vide application

dated 08.11.2013, stating therein that considering

the change in the reference order it would be just

fair and reasonable to allow them to file additional

written statement and the said application of the

opposite party was allowed by the tribunal vide

order dated 21.11.13, and the additional written

statement filed by the opposite party on 08.11.2013

was taken on record.

14. The management in its additional written statement

has pleaded that the workman was never employed

nor appointed as Jeep Driver with effect 11.11.86

by any authority of the opposite party, management

had never issued any appointment letter or order

to the applicant on the post of Jeep Driver or on

any other post, management had never paid any

salary and there never existed any relationship of

employer and employee between the parties. The

workman had never held any post under the

opposite party and he had never worked

continuously against any regular or permanent post.

He was never paid wages at Rs. 19.50 per day as

appointment of casual worker was completely

banned under the opposite party with effect from

1985, therefore, there could not be any appointment

under the opposite party. The opposite party further

pleaded that since the worker was never appointed

by them against any post therefore question of

termination of his service with effect from 09.03.88

as mentioned in the reference order does not arise.

15. On merit of the case it has been stated by the

opposite party that the services of the worker were

never governed by the rules of the management.

The appointment of workers is governed by

recruitment rules of the opposite party. The name

of the worker was never sponsored by the

employment exchange and that the workman is

trying to seek back door entry in the service of the

opposite party. Lastly it is alleged that it is not an

industrial dispute, therefore, the reference is bad in

law and therefore, the relief claimed by the worker

is liable to be rejected.

16. The workman against the additional written

statement filed by the management filed rejoinder

in which nothing new has been pleaded except

reiterating the facts already pleaded by the worker

in his claim petition.

17. Although on 04.10.05, the workman appeared before

the tribunal with his representative and submitted

that he has to adduce no further evidence and the

evidence already adduced by workman be

considered and the same was considered by the

tribunal in its award dated 28.12.2006 which was

set aside by the Hon'ble High Court, and the

contesting parties were given opportunities for

adducing their respective evidence in support of

their respective claim.

18. On 11.11.2014, the representative for the workman

made an endorsement on the order sheet to the

effect that the workman has already produced his

evidence. No fresh evidence shall be submitted/

produced on behalf of the workman.

19. The workman in support of his claim vide

application paper no. 38/1 has filed 10 documents

most of them are the experience certificate issued

by the officers of the opposite party and health

3296

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVAN A 17, 1937

[PART II—SEC. 3 (ii)]

fitness certificate. The workman again vide

application dated 10.05.2011 which is paper no. 45/1

filed 17 documents most of them are the carbon

copies of the representations addressed to the

officers of the opposite party and order of the

Department of Telecommunication of date

02.04.2004 along with annexure. Relevanc of these

documents will be examined and dealt with at the

appropriate stage.

20. Opposite party vide application dated 04.03.11 paper

no. 34/3 has filed photocopy of judgment dated

18.07.95 of Consumer Forum Mainpuri in case no.

197/94, photocopy of application dated 04.05.94 filed

by the worker before Consumer Forum and

photocopy of judgment dated 07.12.99 of Consumer

Forum passed in case no. 168 of 94.

21. Shri Rakesh Kumar Dubey appeared in the witness

box as w.w.1 and stated on oath that appointed on

the post of Driver on 11.11.86 as daily wager and

continuously worked on that post till 08.03.88 and

he was never issued any charge sheet and his

superiors were satisfied from his working. No

notice, notice pay or retrenchment compensation

was ever offered to him before termination of his

service. He has stated that he has filed documents

in support of his claim. SDO after giving him

experience certificate stopped taking from him.

Witness has denied the suggestion of the opposite

party that he had not worked continuously for 240

days. Witness has expressed his ignorance as to

whether SDO is competent or not to appoint any

person. Witness has further stated that he does

not know English and the officer concerned, after

getting typed the experience certificates, had given

him. It is wrong to suggest that either experience

certificates are fake or procured one. He admitted

the fact that he had filed a case before the consumer

forum and also admitted that he was allowed

compensation by the forum to the tune of Rs.

100000/- for sustaining injury in a road accident

and not for any disability in his body. To a question

put by the court, the witness stated that he is

complete fit to drive vehicle.

22. Workman has also examined one more witness by

name Shri Om Prakash Mishra as W.W.2 who in his

chief has admitted that he was appointed June 57

and remained posted at different post till 1996.

23. The opposite party in support of their claim filed

affidavit of one Shri Ram Saran and examined

himself as M.W.1.

24. I have heard the arguments of the parties at length

and have carefully considered the documents and

evidence of the parties available on record.

25. Representative for the workman has contended that

the workman was engaged as driver under the

opposite party and has worked from 11.11.86 to

08.03.88 continuously for more than 240 days in a

year preceding 12 calendar months from the date of

his termination and his services were terminated

with effect from 09.03.88, without any notice, notice

pay or payment of retrenchment compensation,

therefore, he is entitled for his reinstatement in

service with full back wages and consequential

benefits.

26. Representative for the management contended that

the workman was never appointed or posted as

Jeep Driver under the opposite party. He has not

filed any documents to prove his contentions nor

has filed any proof that he was being paid any

amount as wages during the alleged period. He has

only filed experience certificates which are forged

and procured documents and cannot be believed.

27. Representative for the management has also

contended that the workman failed to prove that he

has worked for 240 days continuously preceding

12 calendar months from the date of his termination

and burden lies upon him to prove this fact. He has

relied upon on the following authorities on this

point—

(a) 2002 (94) FLR 622. S.C. Range Forest Officer

versus S.T. Hadimani.

(b) 2003 (96) FLR 492 S.C. UP Awas Vikas Parishad

vs Kanak & others.

(c) 2006 (110) FLR 1212 S.C. Bhagya Jala Nigam

Ltd., vs Mohd. Rafi.

(d) 2005 (105) FLR 383 S.C. Bank of Baroda vs

Gheemer Bhai Harjibhai Lavare.

(e) 1981 (29) FLR 194 Allahabad High Court, V.K.

Raj Industries vs Labour.

28. On perusal of records it appears that the worker

has filed photocopies of experience certificates

issued by the SDO Mainpuri, which are paper no.

4/7-4/14 and also filed the original of these

documents which are 8 in numbers and are marked

as paper no. 38/2 to 38/5. By a bare perusal of these

experience certificates period of working of the

workman as mentioned in these certificates appears

to be 11.11.86 to 11.12.86, 13.12.86 to 12.01.87,

13.01.87 to 12.02.87, 13.02.87 to 12.03.87, 13.03.87 to

12.04.87, 13.04.87 to 18.05.87, 19.05.87 to 12.06.87,

and 13.06.87 to 08.03.88. It shows period of

continuous working as mentioned is from 11.06.86

to 08.03.88. The experience certificates are not

admitted by the opposite party and its witness

Shri Ram Saran M.W.1 in his cross-examination says

that these certificates are fake and forged. Worker

[Hkkx II—[k.M 3 (ii)]

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3297

as W.W.1 has denied the suggestion that these

certificates are forged. In his evidence the witness

has alleged that he was appointed on 11.1186 as

driver and on 08.03.88 S.D.O. Shri A.K. Singh asked

him not to come on his duties. He was not given

any notice or retrenchment compensation at the

time of his termination. He has proved experience

certificates. In his cross examination he stated that

he was appointed by S.D.O. Mainpuri and was

given appointment letter and has further stated that

he has filed experience certificate and is treating

these certificates as appointment letter. In his claim

he has mentioned that he was being paid wages as

Rs. 19.50 paisa per day. He has also admitted the

fact that he was working as daily wager. He has

denied the suggestion of the management that he

has not worked continuously for 240 days.

29. In support of his contention the worker has

examined one Shri Om Prakash Mishra as M.W.2

who remained posted under the opposite party at

Mainpuri from 1986 to 1988. In his evidence he

alleges to be an employee of the opposite party

from 1957 to 1996. He also says that during his

posting at Mainpuri, SDO Shri Sharma was there

and thereafter Shri A.K. Singh joined as SDO

Telegraph in between Shri S.P. Agnihotri and

Shri Sharma, who also remained posted there. He

has proved the signature of Shri Sharma on paper

no. 4/7 to 4/12 and also proved the signature of

Shri A.K. Singh on paper no. 4/14. He also stated

that the workman was driving the Jeep of the

department at that time. In his cross examination he

said that he has no knowledge whether any

appointment letter was given to the worker or not.

He has seen the worker driving the Jeep of the

Department. He has also no knowledge that jeep

Driver was daily rated or casual worker. He has also

admitted that these experience certificates have not

been issued on the letter head of the department

and no dispatch number is mentioned in these

certificates. In this regard he further stated that

usually experience certificates are issued without

any dispatch and file number. He also says that he

has seen driving the jeep by the worker for the

period given in the experience certificates.

30. The evidence of W.W.2 Shri Om Prakash Mishra is

very much relevant because he was posted in the

department during the period the worker was

working there. As he was posted there he is the

best person to know working of department and

about the persons who were employed there and

the SDO's who issued the experience certificates to

the worker. Therefore, the evidence of W.W.2

cannot be disbelieved especially when the

management failed to rebut his testimony by leading

any cogent evidence.

31. Management has examined Shri Ram Saran aged

about 44 year as M.W.1 who is SDO Mainpuri to

rebut the evidence of worker and his witness who

could not have any knowledge regarding working

and workers of the department for the period

mentioned in experience certificates as he was not

in service of the department in that period. In his

cross examination he says that he has no knowledge

about holding of any jeep by the department in the

year 1986 as he was not in service. He was

appointed in 1984, and transferred to Mainpuri. He

stated that department might have in possession

of some jeep in 1986, but who was driving the same

he has no knowledge. He has searched for the

attendance register and payment vouchers for the

period 1986 to 88 but they were not available and

he also did not know as to what happened to these

documents. He has heard the name of Sri A. K.

Singh posted there. He could gather that some

person by name Umesh was driving the jeep who

died in 1986. As the records are not available he

cannot say when the records were destroyed. He

has no knowledge as to who was the appointing

authority during the period 1986 to 88. He stated

that experience certificates are forged. He also

alleged that log book of the jeep for that period is

also not available in the department. In his cross

examination he has not completely denied the right

of worker as he says he has no knowledge that

during the period 1985 to 1988 the jeep was being

driven by Sri Rakesh Kumar Dubey the concerned

worker or not.

32. Therefore, the evidence of M.W. 1 is of no help to

the case of the management as he has no knowlege

of facts of the case or the persons engaged at the

relevant peiod in the department, he has given his

evidence without perusing any document of the

department and his evidence is based on

conjustures and surmises and lastly he did not

denied the fact that worker was driver of jeep.

33. Authorized representative for the worker relied on

the authority of Hon'ble Supreme Court in the case

of Bhavnagar Municipal Corporation versus Jadeja

reported in 2015 (144) FLR 177, where in the labour

court has placed reliance upon xorex copies of

certificates issued by an officer of the management

stating that worker was in employment of

management as conductor between 30.10.87 to

30.03.89 and the signatures of officers issuing

certificates was proved by another officer when

seen in the light of assertion of the workers, the

certificate in question clearly support the case of

worker that he was in employment for the period

mentioned and had rendered continuous service

for 240 days.

3298

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVAN A 17, 1937

[PART II—SEC. 3 (ii)]

34. The case law cited by the worker is fully applicable

in the present case as the experience certificate filed

by the worker has been proved by WW.2 and the

department has not produced any cogent evidence

to disbelieve the evidence of W.W.2. The

department has not even dared to produce SDOs

of department who have issued the said certificates.

The department has also failed to produce

attendance register or register of payment to their

employees for the relevant period nor department

has adduced any chit of evidence to rebut the

claim of worker. The witness examined by the

department has no evidentiary value as he has no

knowledge of the facts of the case and has

deposed without any perusal ofthe documents.

35. Worker has admitted in his evidence that he was

being paid his wages @ Rs. 19.50 paisa as he was

working as daily rated worker. His representative

has cited as case law of Hon'ble Apex Court 2011

(130) FLR page 337 Devender Singh versus

Municipal Council Sonapur, wherein the Hon'ble

Apex Court has held that section 2(s) contains as

exhaustive definition of the term workman. It is also

held that the source of employment, the method of

recruitment, the terms and conditions of

employment/contract of service, the quantum of

wages/pay and the mode of payment are not at all

relevant for deciding whether or not a person is a

workman within the meaning of section 2 (s) of the

Act.

36. In another unreported case law of Hon'ble Apex

Court in Civil Appeal No. 11525 of 2014, State of

U.P. verus Parmanand Shukla (dead) through LRs

in which the Hon'ble Apex Court has granted Jump

sum amount of Rs. 10,00,000/- to LR's of Parmanand

Shukla who was working as daily wager as his

working was found from 1986 to 2000 as daily rated

worker.

37. Therefore, from the above observations and

authorities placed by the representative for the

workman, it is concluded that the workman has

proved his case that he worked continuously with

effect from 11.11.86 to 08.03.86 as Jeep Driver and

that at the time of termination of his services neither

he was given any notice, notice pay not

retrenchment compensation, therefore, it is held that

the termination of the services of the workman with

effect from 09.03.88 by the opposite party is neither

just, legal nor fair. The workman is held entitled for

reinstatement in the serivce of the department with

effect from 09.03.88 with full back wages, continuity

of service and with all consequential benefits.

38. Reference is therefore, answered in favour of the

workman and against the opposite party.

SHUBHENDRA KUMAR, Presiding Officer

ubZ fnYyh] 24 tqykbZ] 2015

dk-vk- 1566.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

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

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

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

U;k;ky;] ua- 1] /kuckn ds iapkV ¼lanHkZ la[;k 47@2011½ dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 24@07@2015 dks izkIr gqvk

FkkA

[la- ,y&20012@33@2011&vkbZ- vkj- ¼lh&1½]

,e-ds- flag] vuqHkkx vf/kdkjh

New Delhi, the 24th July, 2015

S.O. 1566.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 47/2011)

of the Cent. Govt. Indus. Tribunal-cum-Labour Court No.

1, Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/S. BCCL and their

workmen, received by the Central Government on

24/07/2015.

[No. L-20012/33/2011-IR (C-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO. 1, DHANBAD

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

OF I.D.ACT. 1947

REFERENCE NO. 47 OF 2011

Employer in relation to the management of P.B. Area

of M/S. BCCL

AND

Their workman

Present : SRI R.K. SARAN,

Presiding Officer.

APPEARANCES:

for the Employers

: Shri D.K. Verma, Advocate

For the Workman

: Shri S.C. Gour, Advocate

State - Jharkhand.

Industry : Coal

Dated 10/6/2015

AWARD

By Order No. L- 20012/33/2011 IR-(C-1) dated,

02/09/2011 the Central Govt. in the Ministry of Labour has,

[Hkkx II—[k.M 3 (ii)]

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3299

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

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

Indusrial Disputes Act, 1947, referred the following

disputes for adjudication to this Tribunal.

SCHEDULE

''Whether the action of the management of P.B.

Project of M/s. BCCL in not providing employment

to Sri Ganesh Bhuia dependent son of Late

Rameshwar Bhuia is justified ? To what relief the

workman concerned is entitled to?''

2. The case is received from the Ministry of Labour

on 12.09.2011. After receipt of reference, both parties

are noticed, the workman filed their written

statement on 14.10.2011. The management also filed

written statement-cum-rejoinder on 02.05.2013. One

witness each examined by both side on their behalf.

Document of workman marked as Ext. W-1 to

W-4.

3. The short point to be decided in this reference is

the deceased workman's dependent son who

applied for job is entitled for job or not.

4. The management though admitted that though the

claim of the workman is genuine, since he has

applied for job 18 months after the death of this

father, his claim has been refused.

5. But after the death of an earning member,

the uneducated dependant have no way

except darkness and emptiness, to get all papers

and for applying with proper Proforma is not

possible.

6. More over NCWA gives right to the dependent to

get a job and that be given after observing all

formalities waiving the technical barriers.

This is my award.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 24 tqykbZ] 2015

dk-vk- 1567.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

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

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

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

U;k;ky;] ua- 1] /kuckn ds iapkV ¼lanHkZ la[;k 87@1993½ dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 24@07@2015 dks izkIr

gqvk FkkA

[la- ,y&20012@91@1992&vkbZ vkj ¼lh&1½]

,e- ds- flag] vuqHkkx vf/kdkjh

New Delhi, the 24th July, 2015

S.O. 1567.—In pursuance of Section 17 of the

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

Government hereby publishes the Award Ref. 87/1993 of

the Cent. Govt. Indus. Tribunal-cum-Labour Court No. 1,

Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s. BCCL and their

workmen, received by the Central Government on

24/07/2015.

[No. L-20012/91/1992 - IR (C-I)]

M. K. SINGH, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-

CUM-LABOUR COURT NO. 1, DHANBAD

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

OF I.D. ACT. 1947

REF. NO. 87 OF 1993

Employer in relation to the management of C.V Area,

M/s BCCL,

AND

Their workmen.

Present:

Sri Ranjan Kumar Saran,

Presiding Officer.

APPEARANCES:

For the Employers

:

None

For the workman

:

None

State

:

Jharkhand.

Industry

:

Coal

Dated: 01/05/2015

AWARD

By order No.L-20012/91/92-IR (C-1), dated 07/04/

1993,the Central Government in the Ministry of Labour

has, in exercise of the powers conferred by clause (d) of

sub-section (1) and sub-section (2A) of section 10 of the

Industrial Disputes Act ,1947, referred the following

disputes for adjudication to this Tribunal:

SCHEDULE

"Whether the action of the management of M/S

Bharat Coking Coal Limited, C.V Area No. X11 in

relation to their Basantimata Colliery in denying

Conversion from PR & TR and regularization of Shri

Pujari Bilaspuria and 50 others (as per list enclosed)

is justified? if not, to what relief the workman

concerned are entitled ?"

3300

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVANA 17, 1937

[PART II—SEC. 3 (ii)]

Annexure

List of workman of Basanti Mata colliary

Sl.

Name

Designation

B/Form

Presently

Place of

Working

No.

No.

Working as

Posting

in TR

Since

1 2

3

4

5

6

7

1 Pujari Bilaspurja

Stacker/Loader

161

Gen. Maz.

Basanti Mata

1986

2 Darasram Bilaspuria

-do-

437

-do-

-do-

1986

3 Bhaiaram Bilaspuria

-do-

263

-do-

-do-

1986

4 Sukhiram Bilaspuria

-do-

463

-do-

-do-

1986

5 Nandu Bilaspuria

-do-

478

-do-

-do-

1986

6 Bidya Dhar Nayak

-do-

270

-do-

-do-

1986

7 Chungi Lal Ray

-do-

250

-do-

-do-

1986

8 Gurubarna Bilaspuria

-do-

440

-do-

-do-

1986

9, Nani Bai Bilaspuria

-do-

231

-do-

-do-

1986

10. Sonamoni Mejhan

-do-

465

-do-

-do-

1986

11. Lilamani Mejhan

-do-

537

-do-

-do-

1986

12. Abala Roy

-do-

408

-do-

-do-

1986

13. Ani Muthi

-do-

489

-do-

-do-

1986

14. Gandu Goura

-do-

326

-do-

-do-

1986

15. Mundri Mahatain

-do-

404

-do-

-do-

1986

16. Pana Mejhan

-do-

714

-do-

-do-

1986

17. Jamuna Mejhan

-do-

734

-do-

-do-

1986

18. Srimati Mejhan

-do-

915

-do-

-do-

1986

19. Makhani Mejhan

-do-

1050

-do-

-do-

1986

20. Bahamani Mejhan

-do-

160

-do-

-do-

1986

21. Ludhri Mundain

-do-

194

-do-

-do-

1986

22. Ramjanam Munda

-do-

124

-do-

-do-

1986

23. Ramcharan Cgowhan

-do-

326

-do-

-do-

1986

24. Parwati Mudi

-do-

184

-do-

-do-

1986

25. Manjo Mundain

-do-

196

-do-

-do-

1986

26. Ramani Mejhan

-do-

152

-do-

-do-

1986

27. Parbati Mejhan

-do-

909

-do-

-do-

1986

28. Santi Mejhan

-do-

490

-do-

-do-

1986

29. Maharaj Majhi

-do-

—

-do-

-do-

1986

30. Kapildeo Mahto

Truck/Loader

443

Shell-Picker

-do-

1986

31. Raghu Mahto

-do-

460

-do-

-do-

1986

32. Ramdeo Sah

-do-

112

-do-

-do-

1986

33. Ram Bishun Mahto

-do-

461

-do-

-do-

1986

34. Ram Pravesh Mahto

-do-

469

-do-

-do-

1986

35. Bishundeo Mahto

-do-

454

-do-

-do-

1986

36. Yamuna Mahto

-do-

—

-do-

-do-

1986

37. Baidyanath Majhi

-do-

729

-do-

-do-

1986

38. Haradhan Majhi

-O.B.R.

J851

Gen.Maz.

-do-

1986

39. Kalachand Majhi

Truck/Loader

862

-do-

-do-

1986

40. Ajmul Mia

-do-

EP 117

Gardener

-do-

1986

41. Lakhi Ram Majhi

Stacker/Loader

J815

-do-

-do-

1986

42. Sangulal Majhi

Wagon Loader

194 EP

-do-

-do-

-do-

43. Motilal Majhi

O.B.R.

J852

-do-

-do-

-do-

44. Ronu Roy

Coal Stacker

1086

-do-

-do-

-do-

45. Bijoy Singh

Truck/Loader

J776

-do-

-do-

1986

46. Ramayan Mahto

Truck/Loader

—

Dumper Khalasi

-do-

1986

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Hkkjr dk jkti= % vxLr 8] [email protected] 17] 1937

3301

2. After receipt of the reference the parties are noticed.

Though they took steps for certain dates, subsequently

did not appears nor take any interest in the case. It is

presumed that the disputes between parties have been

resolved in the meantime. Hence no Dispute Award is

passed.

R.K. SARAN, Presiding Officer

ubZ fnYyh] 24 tqykbZ] 2015

dk-vk- 1568.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

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

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

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

U;k;ky;] ua- 1] /kuckn ds iapkV ¼lanHkZ la[;k 50@1993½ dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 24-07-2015 dks izkIr gqvk

FkkA

[la- ,y&20012@399@1991&vkbZvkj¼lh&1½]

,e-ds- flag] vuqHkkx vf/kdkjh

New Delhi, the 24th July, 2015

S.O. 1568.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 50/1993) of the

Cent.Govt.Indus. Tribunal-cum-Labour Court No. 1,

Dhanbad as shown in the Annexure, in the Industrial

Dispute between the management of M/s. BCCL and their

workmen, received by the Central Government on

24.07.2015.

[No. L-20012/399/1991-IR(C-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO. 1, DHANBAD

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

1947

Ref. No. 50 of 1993

Employer in relation to the management of Moonidih

Project of M/s. BCCL,

AND

Their workmen.

Present:

Sri Ranjan Kumar Saran,

Presiding Officer.

Appearances:

For the Employers :

Sri D.K. Verma, Advocate

For the workman :

None

State : Jharkhand.

Industry : Coal.

Dated : 06.05.2015

AWARD

By Order No. L-20012/399/1991-IR(C-1), dated 06/01/

1993, the Central Government in the Ministry of Labour

has, in exercise of the powers conferred by clause (d) of

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

Industrial Disputes Act, 1947, referred the following

disputes for adjudication to this Tribunal:

SCHEDULE

“Whether the action of management of moonidih

project M/s. B.C.C.Ltd, P.O. Moonidih, Dist.

Dhanbad, in stopping, Shri Raj Kumar Beldar (No.

6924), Durga Mahali (NO. 6788), Arun Kumar Roy

(No. 6823) and Jugal Prasad (No. 6814) from duty

w.e.f. 13.08.1990 is justified? If not to what relief the

workmen are entitled?”

2. After receipt of the reference, parties are noticed.

Though they took steps for certain dates, subsequently did

not appears nor take any interest in the case. It is presumed

that the disputes between parties have been resolved in the

meantime, Hence no Dispute Award is passed.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 24 tqykbZ] 2015

dk-vk- 1569.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

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

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

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

U;k;ky;] ua- 1] /kuckn ds iapkV ¼lanHkZ la[;k 52@1993½ dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 24-07-2015 dks izkIr gqvk

FkkA

[la- ,y&20012@369@1991&vkbZvkj ¼lh&1½]

,e- ds- flag] vuqHkkx vf/kdkjh

New Delhi, the 24th July, 2015

S.O. 1569.—In pursuance of Section 17 of the Industrial

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

Sl.No. Name

Designation

Date of

Date of

CMPF No.

Place of

ID. Card

Appt.

Birth

posting

No.

1.

Gulab Ch. Manjhi

Truck Loader

02.01.73

02.01.47

C/423950

Basantimata

242182

2.

Janak Mahto

-do-

-do-

02.01.49

C/423964

-do-

245152

3.

Ramayan Mahto

-do-

02.01.44

C/423941

-do-

—

4.

Gorabi Majhan

-do-

—

—

—

—

—

3302

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVANA 17, 1937

[PART II—SEC. 3 (ii)]

hereby publishes the Award Ref. 52/1993 of the

Cent.Govt.Indus. Tribunal-cum-Labour Court No. 1,

Dhanbad as shown in the Annexure, in the Industrial

Dispute between the management of M/s. ECL and their

workmen, received by the Central Government on

24.07.2015.

[No. L-20012/369/1991-IR(C-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO. 1, DHANBAD

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

1947

Ref. No. 52 of 1993

Employer in relation to the management of Khudia

Colliery of M/s. ECL,

AND

Their workmen.

Present:

SRI R.K. SARAN,

Presiding Officer.

Appearances:

For the Employers

:

Sri D. K. Verma, Advocate

For the workman

: None

State : Jharkhand.

Industry : Coal.

Dated : 03.06.2015

AWARD

By Order No. L-20012/369/1991-IR(C-1), dated

06/01/1993, the Central Government in the Ministry of

Labour has, in exercise of the powers conferred by clause

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

of the Industrial Disputes Act, 1947, referred the following

disputes for adjudication to this Tribunal:

SCHEDULE

"Whether the demand of the Bihar Colliery Kamgar

Union for regularization of S/Shri Srikant Karmakar

and 18 others by the management of Khudia

Colliery of M/s. Eastern Coalfields Ltd., Kapasara

Area is justified? If yes, to what relief the concerned

workmen is entitled?"

Note:—List of workmen is not received alongwith order

of reference.

2. After receipt of the reference, both parties are

noticed. But appearing for certain dates none appears

subsequently. Case remain pending. It is felt that the

disputes between the parties have been resolved in the

meantime. Hence no Dispute Award is passed.

Communicate.

R.K. SARAN, Presiding Officer

ubZ fnYyh] 24 tqykbZ] 2015

dk-vk- 1570.—vkS|ksfxd fookn vf/kfu;e] 1947

¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj chlhlh,y

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

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

U;k;ky;] ua- 1] /kuckn ds iapkV ¼lanHkZ la[;k 13@2014½ dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 24-07-2015 dks izkIr gqvk

FkkA

[la- ,y&20012@83@2013&vkbZvkj¼lh&1½]

,e- ds- flag] vuqHkkx vf/kdkjh

New Delhi, the 24th July, 2015

S.O. 1570.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award Ref. 13/2014 of the

Cent.Govt.Indus. Tribunal-cum-Labour Court No. 1,

Dhanbad as shown in the Annexure, in the Industrial

Dispute between the management of M/s. BCCL and their

workmen, received by the Central Government on

24.07.2015.

[No. L-20012/83/2013-IR(CM-I)]

M.K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO. 1, DHANBAD

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

1947

Reference No. 13 of 2014

Employer in relation to the management of Loyabad

Colliery, Sijua Area of M/s. BCCL,

AND

Their workmen.

Present:

Sri R. K. Saran, Presiding Officer

Appearances:

For the Employers

: Sri D.K. Verma, Advocate

For the workman

: Sri M. Prasad, Advocate.

State : Jharkhand.

Industry : Coal.

Dated : 14.05.2015

AWARD

By Order No. L-20012/83/2013-IR(CM-1), dated

13/02/2014, the Central Government in the Ministry of

Labour has, in exercise of the powers conferred by clause

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

of the Industrial Disputes Act, 1947, referred the following

disputes for adjudication to this Tribunal:

SCHEDULE

"Whether the action of the management of Loyabad

Colliery of M/s. B.C.C.L in dismissing Sri Prushotam

Dora Ex-M/Loader from the service of company

vide order dated 18.10.2007 is fair and justified? To

what relief the concerned workman is entitled to?"

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vxLr 8] [email protected] 17] 1937

3303

2. The case is received from the Ministry of Labour on

24.02.2014. After receipt of reference, both parties are

noticed, the workman files their written statement on

28.05.2014. Management also files written statement on

24.10.2014. The point involved in the reference is that the

workman has been dismissed from his services.

3. During preliminary hearing it is revealed that the case

is dismissal of workman is for long absence on duty. But

he has already out of service for 08 years. It is felt to give

another chance to the workman to serve.

4. Considering the facts and circumstances of this case,

I hold that he be taken into job as a fresh employee. But

the workman be kept under probation for the period of

two years and his performance report be given to the under

signed. Therefore the question of back wages does not

arise at all.

This is my award.

R. K. SARAN, Presiding Officer.

ubZ fnYyh] 24 tqykbZ] 2015

dk-vk- 1571.—vkS|ksfxd fookn vf/kfu;e] 1947

¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj chlhlh,y

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

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

vf/kdj.k@Je U;k;ky; ua- 1] /kuckn ds iapkV ¼lanHkZ la[;k

55@2002½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 24@07@2015

dks izkIr gqvk FkkA

[la- ,y&20012@301@2001&vkbZvkj ¼lh&1½]

,e- ds- flag] vuqHkkx vf/kdkjh

New Delhi, the 24th July, 2015

S.O. 1571.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 55/2002) of the Cent.

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

as shown in the Annexure, in the industrial dispute

between the management of M/s. BCCL and their workmen,

received by the Central Government on 24/07/2015.

[No. L-20012/301/2001-IR(C-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO. 1, DHANBAD

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

Act, 1947

Reference No. 55/2002

Employer in relation to the management of the

Kusunda Area No. VI, M/s. BCCL

AND

Their workmen

Present:

SHRI R.K. SARAN Presiding Officer

Appearances:

For the Employers:

Shri U.N. Lall, Advocate

For the workman:

None

State: Jharkhand.

Industry: Coal

Dated: 25/6/2015

AWARD

By Order No. L-20012/301/2001 IR (C-1) dated

10/05/2002, the Central Government in the Ministry of

Labour has, in exercise of the powers conferred by clause

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

of the Industrial Disputes Act, 1947 referred the following

dispute for adjudication to this Tribunal:

SCHEDULE

"Whether the action of the management of Kusunda Area

of M/s. BCCL in not providing regular employment to Shri

Nageshwar Paswan & 88 Others (as per list) engaged on

the job of shall Pickling and Coal breaking etc. at Kusunda

Area is fair and justified? If not, to what relief are the

concerned workmen entitled and from what date?"

Sl.No. Workman Name

Father's Name

Full

Address

1

2

3

4

1.

Nageshwar

Late Kisun Paswan

Vill-

Paswan

Nawadih

Kusunda,

P.O.

Kusunda,

P.S.

Kenduadih,

Distt.

Dhanbad

2.

Sushla Devi

Late Nageshwar

-do-

Paswan

3.

Basant Paswan

Late Kisun Paswan

-do-

4.

Suresh Paswan

Shri Karam Paswan

-do-

5.

Bhuneshwar Paswan

Shri Karam Paswan

-do-

6.

Vakil Paswan

Late Prasadi Paswan

-do-

7.

Kapil Paswan

Late Phaudari

-do-

Paswan

3304

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVANA 17, 1937

[PART II—SEC. 3 (ii)]

8.

Krishan Bhuiya

Shri Rameshwar

-do-

Bhuiya

9.

Aanandi Paswan

Shri Ganesh Paswan

-do-

10.

Pramila Devi

Shri Rajbali Paswan

-do-

11.

Kaushliya Devi

Shri Bhuneshwar

-do-

Paswan

12.

Kuru Bhuiya

Shri Kali Charan

-do-

Bhuiya

13.

Bali Ram Paswan

Shri Durga Paswan

-do-

14.

Kanta Devi

Shri Bali Ram

-do-

Paswan

15.

Sunaina Devi

Basant Bhuiya

-do-

16.

Urmila Devi

Shri Suresh Paswan

-do-

17.

Basant Bhuiya

Shri Ramdhani

-do-

Bhuiya

18.

Jintendra Kumar

Shri Mathura Das

-do-

Das

19.

Munma Devi

Shri Kapil Paswan

-do-

20.

Shri Rajbali

Late Lalo Paswan

-do-

Paswan

21.

Champa Devi

Shri Lalan Paswan

-do-

22.

Kaila Mia

Shri Genauri Mia

-do-

23.

Rekha Devi

Shri Dahu Paswan

-do-

24.

Shila Devi

Shri Latori Paswan

-do-

25.

Asharphi Bhuiya

Shri Banwari Bhuiya

-do-

26.

Ram balak

Shri Lakhad Paswan

-do-

Paswan

27.

Shri Rajendra

Late Baudhu

-do-

Paswan

Paswan

28.

Bijay Bhuiya

Late Lagbu Bhuiya

-do-

29.

Lalita Devi

Shri Saryug Paswan

-do-

30.

Siya Ram Paswan

Late Gaivi Paswan

-do-

31.

Baleshwari Devi

Shri Barant Bhuiya

-do-

32.

Uma Devi

Shri Mahadev Saw

-do-

33.

Sonma Devi

Shri Mohan Paswan

-do-

34.

Urmila Devi

Shri Ram Lagan

-do-

No. 2

Paswan

35.

Dashrath

Late Ghanshyam

-do-

Paswan

Paswan

36.

Dhahu Paswan

Shri Talo Paswan

-do-

37.

Vir Bahadur

Shri Rajendra

Joda-

Prasad

phatak

Chandmari

Road

Post

Dhansar,

P.S.

Dhansar

Distt.

Dhanbad

38.

Jai Ram Paswan

Shri Durga Paswan

-do-

39.

Sunita Devi

Shri Sidheshwar

-do-

Paswan

1

2

3

4

40.

Chandrama

Shri Laljeet Rajbhar

-do-

Rajbhar

41.

Ashok Bhuiya

Shri Jalandhar

-do-

Bhuiya

42.

Mahadev Saw

Late Meva Saw

-do-

43.

Sihanti Devi

Shri Bijay Bhuiya

-do-

44.

Poiwa Devi

Ranjendra Paswan

-do-

45.

Sidheswar

Late Lalo Paswan

-do-

Paswan

46.

Sanjay Paswan

Shri Ramautar

Vill-

Paswan

Nayadeeh

Kusunda,

Post

Kusunda,

P.S.

Kenduadih,

Distt.

Dhanbad

47.

Pramod Paswan

Shri Sidheshwar

-do-

Paswan

48.

Karu Bhuiya

Shri Ramdhani

-do-

Bhuiya

49.

Virendra Paswan

Shri Dahu Paswan

-do-

50.

Ghanshyam

Shri Bangali Bhuiya

-do-

Bhuiya

51.

Saryug Paswan

Late Raghu Paswan

-do-

52.

Shanti Devi

Shri Siya Ram

-do-

Paswan

53.

Surendra Ram

Late Jayprakash

-do-

Ram

54.

Bachhi Devi

Shri Kailash Paswan

-do-

55.

Shri Lakshminiya

Shri Sakichand

-do-

Devi

Rajwar

56.

Durgi Devi

Late Puran Chauhan

-do-

57.

Ramchandra

Shri Bhajan Bhuiya

-do-

Bhuiya

58.

Khagva Devi

Shri Bhajan Bhuiya

-do-

59.

Mina Devi

Shri Nunulal Paswan

-do-

60.

Mohan Paswan

Shri Karam Paswan

-do-

61.

Latori Paswan

Late Ramdhani

-do-

Paswan

62.

Dilip Paswan

Shri Karam Paswan

-do-

63.

Mahavir

Shri Haradhan

-do-

Karmakar

Karmakar

64.

Sunil Saw

Shri Mahadev Saw

-do-

65.

Lalan Paswan

Shri Karam Paswan

-do-

66.

Rajmanti Devi

Shri Ram Balak

-do-

Paswan

67.

Ramesh Bhuiya

Late Chauthi Bhuiya

-do-

68.

Yogendra Paswan

Shri Chandu Paswan

-do-

69.

Gita Devi

Shri Ashraphi

-do-

Bhuiya

70.

Reshma Devi

Shri Karu Bhuiya

-do-

71.

Anil Paswan

Shri Rajendra

-do-

Paswan

72.

Suhagwa Devi

Shri Jaldhar Bhuiya

-do-

73.

Manju Devi

Shri Anil Paswan

-do-

74.

Chinta Devi

Shri Shatrudhan

-do-

Paswan

75.

Kapil Dev

Shri Baldev Paswan

-do-

Paswan

76.

Ramji Ram

Shri Brihspati Ram

-do-

77.

Dinesh Bhuiya

Shri Buddu Bhuiya

-do-

78.

Nunu Lal

Late Dhneshwar

-do-

Paswan

Paswan

79.

Savitri Devi

Karu Buiya

-do-

80.

Bikhari Bhuiya

Shri Somran Bhuiya

-do-

1

2

3

4

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vxLr 8] [email protected] 17] 1937

3305

81.

Kabo Devi

Tubu Bhuiya

-do-

82.

Savitri Devi

Shri Kishori Paswan

-do-

83.

Ram Lagan

Late Bodan Paswan

-do-

Paswan

84.

Ramjatan Chauhan

Shri Sarju Chauhan

-do-

85.

Devpatiya Devi

Ramjatan Chauhan

-do-

86.

Shri Ram Prasad

Shri Suribali Prasad

-do-

87.

Dilip Paswan

Rajbali Paswan

-do-

88.

Aanandi Paswan

Lalo Paswan

-do-

89.

Kavindra Ram

Shri Ram

-do-

2. After receipt of the reference, both parties are noticed.

But none appears on behalf of the workman subsequently.

Case remain pending. It is felt that the disputes between

the parties have been resolved in the meantime. Hence No

Dispute Award is passed. Communicate.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 27 tqykbZ] 2015

dk-vk- 1572.—vkS|ksfxd fookn vf/kfu;e 1947

¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj Hkkjr

lapkj fuxe fyfeVsM] iVuk ds izca/kra= ds lac) fu;kstdksa vkSj

muds deZdkj 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] /kuckn ds

iapkV ¼lanHkZ la[;k 190@2013½ dks izdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 21@07@2015 dks izkIr gqvk FkkA

[la- ,y&40011@29@2013&vkbZ vkj ¼Mh;w½]

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

New Delhi, the 27th July, 2015

S.O. 1572.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (I.D. Ref. No. 190/2013) of the

Central Government Industrial Tribunal-cum-Labour Court

(No. 2), Dhanbad now as shown in the Annexure in the

Industrial Dispute between the employers in relation to

the management of the Bharat Sanchar Nigam Limited,

Patna and their workmen, which was received by the Central

Government on 21/07/2015.

[No. L-40011/29/2013-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO. 2), DHANBAD

Present

SHRI KISHORI RAM, Presiding Officer

In the matter of an Industrial Dispute under Section

10(1)(d) of the I.D. Act, 1947

Reference No. 190 of 2013

Parties

: The President

1

2

3

4

BSNL Casual Shramik Sangh, Dulhin Bazar,

Belhouri, Patna, Bihar,

Vs. Chief General Manager,

Bharat Sanchar Nigam Limited, Patna Telecom

Circle, Patna, Bihar.

Ministry's Order No. L-40011/29/2013-IR(DU)

dt. 06.08.2013

Appearances:

On behalf of the workman/Union :

None

On behalf of the Management

:

Mr. Sushil Pd. Ld.

Advocate.

State: Bihar

Industry Telecommunication

Dated, Dhanbad, the 4th June, 2015

AWARD

The Government of India, Ministry of Labour, in exercise

of the powers conferred on them under Sec. 10 (1) (d) of

the I.D. Act, 1947 has referred the following dispute to this

Tribunal for adjudication vide their Order No. L-40011/29/

2013-IR(DU) dt. 06.08.2013.

SCHEDULE

"Whether the action of the Management Bharat Sanchar

Nigam Ltd., Patna in terminating the services of Shri Jitendra

Choudhary, workman w.e.f. 01.02.2012 is legal and justified?

To what relief the workman concerned is entitled to?"

Neither any Union Representative for workman Jitendra

Choudhary nor workman himself nor any one likewise

appeared for OP/Management of BSNL, Patna Telephone

Circle, Patna, Bihar nor any written statement with any

documents filed till now on behalf of the Management.

On perusal of the case record, I find that despite three

Regd. notices to the President of the Union concerned on

his address as noted in the Reference itself seven after

one more chance following the last one for it, no written

statement of the workman with any documents filed so far.

The Union Representative and the workman by their won

conducts appear to be quite reluctant to pursue the case

for its final disposal. Under these circumstances, it appears

to be no longer any Industrial Dispute related to

termination of the workman concerned. Hence the case is

closed as no I.D. and accordingly, it is passed as "No

Dispute Award."

KISHORI RAM, Presiding Officer

ubZ fnYyh] 27 tqykbZ] 2015

dk-vk- 1573.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj bZlh,y ds

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

3306

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVANA 17, 1937

[PART II—SEC. 3 (ii)]

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New Delhi, the 27th July, 2015

S.O. 1573.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 53/2005) of the Cent.

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

shown in the Annexure, in the industrial dispute between

the management of Satgram Area of Eastern Coalfields

Limited, and their workmen, received by the Central

Government on 27/07/2015.

[No. L-22012/221/2004-IR (CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, ASANSOL

PRESENT: Shri Pramod Kumar Mishra,

Presiding Officer

REFERENCE No. 53 of 2005

PARTIES: The management of Nimcha Colliery of M/s. ECL

Vs.

Sri Ganesh Prasad Gupta

REPRESENTATIVES:

For the management

: Shri P.K. Goswami, Ld.

Adv.

For the union (Workman)

: Sri

Rakesh

Kumar,

President, KMC

Industry: Coal

State: West Bengal

Dated: 13.07.2015

AWARD

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

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

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

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

221/2004-IR(CM-II) dated 29.06.2005 has been pleased to

refer the following dispute for adjudication by this

Tribunal.

SCHEDULE

"Whether the action of the management of Nimcha Colliery

of M/s. ECL in not assessing the age of Shri Ganesh Prasad

Gupta as per S.S. No. 76 of JBCCI is legal and justified? If

not, to what relief the workman is entitled?"

Having received the Order No. L-22012/221/2004-

IR(CM-II) dated 29.06.2005 of the above said reference

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

adjudication of the dispute, a reference case No. 53 of

2005 was registered on 17.08.2005 and accordingly an order

to that effect was passed to issue notices through the

registered post to the parties concerned directing them to

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

statements along with the relevant documents and a list

of witnesses in support of their claims. In pursuance of

the said order notices by the registered post were sent to

the parties concerned.

Case called out Shri Rakesh Kumar, General Secretary

of the union (KMC) appears on behalf of the workman.

Shri Rakesh Kumar submits that the case may be closed

and a 'No Dispute Award' may be passed as the workman

is not interested to proceed with the case further. He also

made an endorsement on the order sheet to that effect.

Since the workman is not interested to proceed with the

case, the case is closed and accordingly a 'No Dispute

Award' may be passed.

ORDER

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

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

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

The reference is accordingly disposed of.

PRAMOD KUMAR MISHRA,Presiding Officer

ubZ fnYyh] 27 tqykbZ] 2015

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14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj lhihMCY;wMh ds

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New Delhi, the 27th July, 2015

S.O. 1574.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No.4/2012) of the Cent.

Govt. Indus. Tribunal-cum-Labour Court No. II, Delhi as

shown in the Annexure, in the industrial dispute between

the management of CPWD and their workmen, received

by the Central Government on 27/07/2015.

[No. L-22013/1/2015-IR (CM-II)]

RAJENDER SINGH, Section Officer

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vxLr 8] [email protected] 17] 1937

3307

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II, ROOM

NO. 33, BLOCK-A, GROUND FLOOR,

KARKARDOOMA COURT COMPLEX.

KARKARDOOMA, DELHI-110 032

Present: Shri Harbansh Kumar Saxena,

ID No. 4/2012

Sh. Manish Singh, S/o. Late Anand Swaroop,

CPWD General Manager Union,

Room No. 95, Barrack No. 1/10,

Jam Nagar House, Sahjahan Road,

New Delhi-110011.

Versus

Director General (works),

CPWD, Nirman Bhawan,

New Delhi-110005.

AWARD

Application on behalf of workman under section 33 A

of I.D. Act 1947 has been filed. Which was registered as

ID No. 4/2012.

Application contains following facts:—

1.

That the dispute for regularization and grant of

regular pay scale in which the name of Sh. Manish

is also connected and the same is pending before

this Hon'ble Tribunal in I.D. No. 38/2006 for

industrial adjudication.

2.

That the management terminated the services of

Sh. Manish Kumar w.e.f. 13.12.2011 without taking

prior permission before this Hon'ble Tribunal so

the workman is filling this complaint under section

33A I.D. Act, 1947.

3.

That Sh. Manish S/o Late Sh. Anand Swaroop has

been working as Sewerman w.e.f. 15.01.2000 under

PWD II Sub Division IV through fake contractor.

Now the said division is changed as M-131, Sub

Division 1313, LNJP Hospital by Sh. Harsh

Wardhan Malhotra, Jr. Engineer by instigation of

Executive Engineer Sh. A.K. Singh and in his place

another worker Karan was employed in his place

which is serious violation of Section 33 of I.D. Act

as well as Section 25 F as well as 25 G of

I.D. Act, 1947.

4.

That the workman initially engage as Sewerman

w.e.f. 15.01.2000 and completed more than 240 days

in each of the calendar year and worked

continuously and his services were terminated

w.e.f. 13.12.2011 without any notice or notice pay

as provided under section pay as provided under

section 25 F (a) and (b) of I.D. Act. On this ground

also the termination of the workman is illegal,

unjustified, unfair and against the provisions of

natural justice also.

5.

That it is also brought to the notice of this Hon'ble

Tribunal that the dispute for regularization and

equal pay for equal work is pending this Tribunal

and without taking prior permission from the said

Court the services of Sh. Manish cannot be

terminated as Section 33 of the said Act is in

operation. In view of this the termination of the

workman is nonest.

6.

That it is also brought to the notice of this Hon'ble

Tribunal that the reference has been issued by the

Ministry of Labour, Govt. of India vide its order

No. L-42012/87/2005-IR (CM-II) dated 12.06.2006

and his name is appearing at Sl. No. 18 in that list.

The said reference is dealt by the Ld. Presiding

Officer, CGIT-cum-Labour Court as ID. No. 38/2006.

7.

That the work of Sewerman has been abolished by

the Ministry of Labour through their notification

No. SO 813 (E) dated 31st July, 2012 so the work of

Sewerman cannot be executed through contract

labour and the management cannot terminate their

services without taking prior permission from this

Hon'ble Tribunal and the Management did not

comply the provisions of Section 25F and Section

25G of I.D. Act as the junior person like Mr. Karan

has been employed after terminating the services

of Sh. Manish. It is also brought to the notice of

this Hon'ble Tribunal that without taking prior

permission from the Ld. Presiding Officer, CGIT-

Cum-Labour Court No. II also attract penal

consequences u/s 31 of ID. Act. Provision of

Section 31 is reproduced as under:—

"Penalty for other offences—1 Any employer

who contravenes the provisions of Section 33 shall

be punishable with imprisonment for a term which

may extend to six months, or with fine which may

extend to one thousand rupees, or with both.

(2) Whoever contravenes any of the provisions of

this Act or any rule made thereunder shall, if no

other penalty is elsewhere provided by or under

this Act for such contravention, be punishable with

fine which may extend to one hundred rupees."

8.

That the termination of the workman also attracts

unfair labour practice as mentioned in the 5th

Schedule of Section 2 (ra) of I.D. Act.

9.

That after termination of the services Sh. Manish

is unemployed so he is entitled to be reinstated

with full back wages alongwith all consequential

benefits. The demand notice dated 14th May, 2012

is served to the management but the management

did not paid any heed and did not replied to

3308

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVANA 17, 1937

[PART II—SEC. 3 (ii)]

demand notice. Copy of the demand notice is

Ennexed as Annexure-B.

PRAYER:

In view of the above it is prayed that the services of

Sh. Manish be reinstated w.e.f. 13.12.2011 with full back

wages alongwith all consequential benefits.

Against allegations made in application respondent filed

written statement on 25.03.2013. Contents of written

statement are as follows:—

1.

That the claim of the workman arises through

(claiming under) independent contractors who were

appointed as a result of Tender and they were

employed under such contracts which were granted

on the yearly basis or part there of by the Govt. on

the basis of competitive bidding under the tender

process, which clearly implies that the employment

of the same contractor including the workman

claiming through or under such tender contractors,

is not guaranteed or permanent beyond the duration

specified under the tender terms and conditions, to

confer the status of permanent workman as

employees of the Govt. upon the workman of an

independent Tender contractor is completely

unfounded, baseless and against the settled rules

of labour laws. It is further submitted that such

workman was working as tender contract

employees under the independent contractor who

was appointed by invitation to bid through a

competitve tender process. It is almost surprising

as to how such pretended applicant/workman could

be held to be employees of the Govt./Management.

2.

That the present Statement of Claim filed by the

workman is liable to be dismissed with heavy costs

as the workman has not come before this Hon'ble

Court with clean hands.

3.

That the workman/applicant has misused the

process of law and the Management is being

harassed by the workman without any cause of

action, so the present statement of claim of the

workman is not maintainable and the same is liable

to be dismissed.

4.

That the present Statement of claim is bad for mis-

joinder and non-joinder of necessary parties hence

the present claim is liable to be dismissed

outrightly.

5.

That the workman filed the present claim against

the Management with mala-fide intention only to

achieve ulterior motive, hence the present claim of

the workman is not maintainable and the same is

liable to be dismissed.

6.

That no notice Section 80 of C.P.C. has been served

upon the answering management which is a

statutory requirement before filing the suit against

Government department.

7.

That the workman was/is not employee under the

employment of the Management at any time or at

any point hence relationship between workman

and the management is denied in toto, hence the

present claim of the workman is liable to be

dismissed only.

8.

That the workman is neither workman within the

definition of workman nor employee under the

Minimum Wages Act, hence the statement of claim

of the workman be dismissed on this ground only.

REPLY ON MERITS:

1.

That the contents of para needs no reply being

matter of record. The management of CPWD/PWD

is not the employer of the applicant and not paying

the wages to him.

2.

That regarding the contents of para it is submitted

that the contractual labourers are the responsibility

of the agencies to which they are engaged to execute

the work for a limited period of Agreement and in

any way the management of CPWD/PWD is not

responsible for their appointment and termination

of services, henceforth it is denied in toto that the

Management terminated the services of workman

without taking prior permission before this Hon'ble

Tribunal. Rest of the averments of corresponding

para are wrong and denied.

3-4. That regarding the contents of para it is submitted

that workman himself has admitted that the had

been appointed under "fake" contractor and he is

deliberately not disclosing the name of contractor

which crystal clear shows that he has not

approached to this Hon'ble Court with clean hands.

It is further submitted that responsibility of

providing services of day to day maintenance

works through contract pertains to agencies of

service provider and Management of CPWD/PWD

look after the works of services only and not the

workman in person by name whom the agency

engaged. The agencies can be different according

to contract time to time, henceforth there is no

violation of Section 33 of ID Act as well as Section

25(f) and 25(g) of I.D. Act, 1947 and question does

not arise of giving him any notice what to talk of

termination of workman as illegal, unjustified, unfair

and against the provisions of natural justice. It is

further submitted that the applicant/workman has

not provided any documents in support of claim

for providing services of sever man that he was

getting his daily wages form the Management of

CPWD/PWD during the period i.e., w.e.f. 15.01.2000

and no documents has been provided in support

[Hkkx II—[k.M 3 (ii)]

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3309

that the management had engaged and paid him

w.e.f. 15.01.2000 to 12.12.2011 along with letter of

termination. The workman/applicant be put to

strictly prove the averments as stated by him in

claim. Rest of the averments of corresponding paras

are wrong and denied.

5-7. That regarding contents of para it is submitted that

workman/applicant was/is not employee under the

employment of the Management at any time or at

any point hence relationship between workman and

Management is denied in toto, however dispute/

case for regularization for equal pay for equal work

is pending before this Hon'ble Tribunal but it is

again submitted that when there is no relationship

between management and applicant/workman then

question doesn't arise of his termination by the

answering management hence the present claim of

the workman is liable to be dismissed only. It is

further submitted that when relationship between

management and applicant/workman is denied then

question doesn't arise of penal consequences

under Section 31 of I.D. Act, 1947, this is sheer

pressure tactics upon answering Management with

the motive of harassment to govt. Rest of the

averments of corresponding para are wrong and

denied.

8.

That the contents of para are wrong and denied

as applicatnt firstly workman has to prove that he

was working under Management at any point of

time and regarding it a reference is pending before

this Hon'ble Tribunal, and further when there is

no relationship between management and

applicant/workman then question doesn't arise of

his termination and also adopting unfair labour

practices by the answering Management.

9.

That the contents of para are wrong and denied as

there is no relationship between management and

applicant/workman then question doesn't arise of

his reinstatement with full back wages along with

all consequential benefits and he is not entitled

for the relief he is claiming and also when there

exists no relationship between management and

applicant/workman then question doesn't arise

of answering demand notice.

Last para is prayer which is wrong and denied, it is

submitted keeping in view of the above said facts and

circumstances it is clear the applicant/workman is not the

employee of Management CPWD/PWD since 15.01.2000

as Management of CPWD/PWD has no relation in the

matter of his appointment as well as termination of his

services, as such the claim of applicant for reinstatement

i.e. 13.12.2011 with full back wages alongwith all

consequential benefits are totally unjustified and

unrelated to Management of CPWD/PWD. It is prayed to

this Hon'ble Court that the Statement of claim of the

workman be dismissed against the answering

management after looking into facts and circumstances

of the case.

Any other or further order which this Hon'ble Forum

may deem fit and proper in the present facts and

circumstances as afore mentioned be passed in favour of

the management No. 1 and against the workman, in the

interest of justice, equity and good conscience.

On the basis of pleadings of parties my Ld. Predecessor

framed following issues on 03.05.2013:—

1. Whether action of the management in terminating

services of the claimant on 13.12.2001 is violative of

provisions of Section 33 of the Industrial Disputes Act,

1947?

2. Whether claimant is entitled to relief for

reinstatement?

Workman in support of his case filed his affidavit on

26.6.2013.

Working tendered his affidavit on 26.06.2013 and he

was partly cross-examined on same day.

His statement of tendering of affidavit and his partly

cross-examination is as follows:—

I tender my affidavit as evidence which is Ex. WW1/A.

Alongwith this affidavit, I rely on reference order dated

12.06.2006, which document is Ex. WW1/1. It may be read

in support of my affidavit.

XXXX by Ms. Bindiya Savara, Ld. A/R for the

management.

I was appointed by the Junior Engineer, whose name I

cannot detail now. Ex. WW1/A was read over by fake

contractor, a fraud contractor. I was not within my

knowledge that I was working with a fake contractor.

Ques:—

How you came to know that he was a fraud

contractor.

Ans.

Question was repeated time and again, but

the witness opted not to answer. I made oral

complaint to the Junior Engineer when I came

to know that the contractor was fraud. No

written complaint was made by me to any

authority. I made that complaint orally to Sh.

M.C. Jain, JE, but I do not recollect date,

month and year of making the complaint. I

had not made any complaint against Sh. Jain

or the contractor to higher authorities. Further

cross-examination is deferred for the next

date.

Workman was partly cross-examined by Ld. A/R for the

management on 23.07.2014. His partly cross-examination

is as follows:—

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THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVANA 17, 1937

[PART II—SEC. 3 (ii)]

Ques.

Whether you have filed any document of

your appointment to relating to fake

contractor in your evidence.

Ans.

No.

It is incorrect to suggest that I have been appointed by

CPWD.

It is correct that case relating to my regularization is

pending in this Tribunal.

It is incorrect to suggest that I was never been

termination by CPWD as I was not its employee.

It also incorrect to suggest that I was terminated by

alleged fake contractor.

It is incorrect to suggest that there is violation of

provision of I.D. Act and I.D. Rules.

It is incorrect to suggest that there was no need to give

notice to me.

Workman was again partly cross-examined by Ld. A/R

for the management on 27.08.2014.

His cross-examination is as follows:—

It is incorrect to suggest that I was not employee of

PWD or CPWD.

It is correct that I am parte in case ID. 38/2006

Sh. Mukesh Kr. Vs. CPWD.

It is wrong to suggest that there was no need to give

notice to me before terminating my services.

It is also incorrect to suggest that aforesaid formulaty

was not needed as I am not employee of PWD or CPWD.

I was not appointed through contractor. I was

appointed by J.E.

Content of para 3 and 4 are correct of affidavit of my

evidence.

It is correct that I could not filed any paper which may

show that I am employee of PWD and CPWD.

It is incorrect to suggest that I filed false and fabricated

case to harass the mgt. CPWD/PWD.

It is also incorrect to suggest that I am deposing falsely

to prove my false and fabricated case.

Management in support of his case filed affidavit of

MW1 Sh. O.P. Sharma on 15.04.2014.

I tender my affidavit which is Ex. MW1/A and I bear my

signature at point A & B.

xxxx:—By Sh. B.K. Prasad, Ld. A/R for the workman.

I joined on 19.10.2012 in division which I am working.

Workman was not working in the office of CPWD/PWD.

Q.

I-card of Sh. Manish Kumar shown to you was

issued by Sh. Harsh Vardhan Malhotra the then

J.E. of CPWD?

Ans. I don't know the signature of J.E. Harsh Vardhan

Malhotra.

Q.

Whether you was posted in 2008 in this Division?

Ans. No.

Q.

Whether any permission was obtained from this

Tribunal before terminating the service of

Sh. Manish Kumar?

Ans. Such permission was not required as workman is

not workman of CPWD.

Q.

Whether you know, that contractual employment

of Sewerman, carpenter wireman etc. have been

abolished by Ministry of Labour?

Ans. It is correct.

It is incorrect to suggest that affidavit filed by me is

false and fabricated.

Ld. A/R for the workman orally argued as well as filed

written arguments on 5.6.2015. Wherein he mentioned as

follows:—

1.

That the name of Sh. Manish Kumar is mentioned

in ID. No. 38/2006 for industrial adjudication in

which the name of the workman is appearing at

Serial No. 18 in the list but the management

terminated the services of the workman w.e.f.

13.12.2011 without taking prior permission from this

Hon'ble Tribunal in ID. No. 38/2006.

2.

That it is mandatory on the part of the management

to take prior permission before terminating the

services of the workman which violates Section 33

of the ID Act, 1947 and violation of the said Section

is punishable as per the provisions of Section 31 of

the ID. Act, 1947 and the said provision is

mentioned in para 7 of ID. Act, 1947 and this action

of the management is also unfair labour practice

as mentioned in Vth Schedule of Section 2(ra) of

the ID. Act, 1947.

3.

The reference order is annexed as Exhibit WW1/1

alongwith the demand notice which is also Exhibit

WW1/2. Thus it is proved that the management

did not take prior permission before terminating

the services of the workman which action of the

management is not permissible as per the judgment

of Constitution Bench of Hon'ble Supreme Court

of India in Jaipur Zila Sahakari Bhoomi Vikas Bank

Ltd. Vs. Ram Gopal Sharma & Ors. reported in (2002)

Supreme Court Cases 244. As per the said judgment

without taking prior permission the termination/

discharge/dismissal is non-est and this Hon'ble

CGIT-cum-Labour Court No. II may direct the

management to reinstate the workman from the date

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3311

of illegal termination of services i.e. w.e.f. 13.12.2011

as the management violated the provisions of

Section 33 of the ID Act, 1947.

4.

That in this connection the Hon'ble Supreme Court

in the matter of Jaipur Zila Sahakari Bhoomi Vikas

Bank Ltd. Vs. Ram Gopal Sharma & Ors. reported in

(2002) Supreme Court cases 244 has held in Para 6

which is reproduced as under:

"6. Answer to the question on which conflicting

decision are rendered, as noticed above, depends

on a fair reading and proper interpretation of

Section 33(2)(b) of the Act. Prior to the amendment

of 1956, the provision contained in Section 33

corresponded to the present 33(1) only. The object

behind enacting Section 33, as it stood before it

was amended in 1956, was to allow continuance of

industrial proceedings pending before any

authority/Court/tribunal prescribed by the Act in a

peaceful atmosphere undisturbed by any other

industrial dispute. In course of time, it was felt that

unamended Section 33 was too stringent for it

placed a total ban on the right of the employer to

make any alteration in conditions of service or to

make any order of discharge or dismissal even in

cases where such alteration in conditions of service

or passing of an order of dismissal of discharge,

was not in any manner connected with the dispute

pending before an industrial authority. It appears,

therefore, that Section 33 was amended in 1956

permitting the employer to make changes in

condictions of service or to discharge or dismiss

an employee in relation to matters not connected

with the pending industrial dispute. At the same

time, it seems to have been felt that there was need

to provide some safeguards for a workman who

may be discharged or dismissed during the

pendency of a dispute on account of some matter

unconnected with the dispute. This position is clear

by reading the redrafted expanded Section 33 in

1956 containing five sub-section. For the present

purpose, we are concerned with the proviso to

Section 33(2)(b). The material and relevant portion

of Section 33 reads:

"33. Conditions of service, etc. to remain

unchanged under certain circumstances during

pendency of proceedings. (1)

(2) During the pendency of any such proceedings in

respect of an industrial dispute, the employer may, in

accordance with the standing orders applicable to a

workman concerned in such dispute or, where there are no

such standing orders, in accordance with the terms of the

contract, whether express or implied, between him and the

workman.

(a)

*

*

*

*

(b) for any misconduct not connected with the dispute,

discharge or punish, where by dismissal or otherwise, that

workman:

Provided that no such workman shall be discharged or

dismissed, unless he has been paid wages for one month

and an application has been made by the employer to the

authority before which the proceeding is pending for

approval of the action taken by the employer."

5. That the Hon'ble High Court of Delhi in the matter of

Archaeological Survey of India Vs. Putti Lal & Ors. in

W.P. (CO No. 16887/2004, wherein the Court required the

petitioner to satisfy the Court with regard to the apparent

violation of section 33 of the Act. In this regard learned

counsel for the respondents submits that in para 3 of the

statement of claim the respondents had pointed out that

they had raised the dispute with regard to their permanent

status before the Asstt. Labour Commissioner (C) on

22.08.1995 for which a date was fixed by the ALC (C) on

17.10.1995. The petitioner/management terminated the

services of all the workmen between 24.01.1996 to

09.02.1996 without taking prior permission from the

Conciliation Officer and thereby breached Section 33 of

the Act.

12. Learned Counsel for the respondents has placed

reliance on the decision of the Supreme Court Zila Sahakari

Bhoomi Vikas Bank Limited Vs. Ram Gopal Sharma & Ors.

(2002) 2 SCC 244 and of this Court in Director General

Works. CPWD Vs. Eknath, W.P.(C) Nos. 18542/2005 and

22029/2005 decided on 17.08.2009 to submit that the breach

of section 33, and the failure to take permission/approval

is fatal to the action of termination of service and such

action is therefore non-est.

6. That this CGIT cum Labour Court No. II is to decide

the matter while reinstating Sh. Manish Kumar to set aside

the breach of Section 33 of the ID. Act 1947. The

Constitution Bench of Hon'ble Supreme Court of India

has held that without taking prior permission even from

the Conciliation Officer during the pendency of the dispute

the breach of Section 33 of ID Act lead to reinstatement

with full back wages in Jaipur Zila Sahakari Bhoomi Vikas

Bank Limited. Vs. Ram Gopal Sharma & Ors. reported in

(2002) 2 SCC 244 as the dismissal, removal etc. became

non-est.

In view of the above this CGIT-cum-Labour Court No.

II may kindly award reinstatement to Sh. Manish Kumar

w.e.f. 13.12.2011 with full back wages as the management

cannot terminate the services of a workman without prior

permission from this CGIT-cum-Labour Court No. II with

full back wages along with all consequential benefits.

Ld. A/R for the management counter contended that

basis of the present I.D. is the pendency ID. No. 38/2006

on the date of alleged dismissal of workman Sh. Manish.

3312

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVANA 17, 1937

[PART II—SEC. 3 (ii)]

Reference relating ID. No. 38/2006 has been sent to this

Tribunal for following adjudication:—

"Whether the action of the management of CPWD, New

Delhi in not regularization the workmen,

Sh. Mukesh Kumar & 116 others and not paying

the wages as per the notification dated 31.07.2002

is legal and justified? if not, to what relief the

workmen is entitled to?"

ID. No. 38/2006 has already decided and claim statement

of all 117 workmen including Manish has been dismissed

through award dated 2.2.2015 passed by this Tribunal.

Hence, present ID. which is relating to contractual

employee Manish is also liable to be decided against him

as provision of Section 33 and 33A of ID. Act are

inapplicable on contractual employees because tenure of

service of contractual employee depends on the duration

of contract.

In ther light of contention and counter contentions I

perused the record of ID. No. 38/2006 as well as ID. No.

4/2012.

Pleading of which makes it crystal clear that workman

Sh. Manish was employed by contractor alleging him to

be fake contractor. Any how Sh. Manish was contractual

employee. So, it cannot be denied that in such case term

of service of contractual employee depends upon duration

of contract. Moreover, in the instant case as well as in ID.

No. 38/2006 contractor has not been made party. It is

relevant to mention here that while deciding ID. No. 38/

2006. I recorded following findings:—

“Perusal of evidence of record shows that workman

Sh. Joginder Singh has only been examined on behalf of

workmen.

It is relevant to mention here that no documentary

evidence has been produced on behalf of workmen. It is

also relevant to mention here that workmen have not

applied through application u/s 11(3) of I.D. Act to direct

the management to produce the original documents which

may support the case of workmen. Non moving of

application u/s 11(3) ID. Act on behalf of workmen raises

adverse inference against workmen u/s 114(g) of the Indian

Evidence Act.

It is also relevant to mention here that pleadings of any

party without required evidence are useless. On the basis

of which no case of workmen is made out.

Morever, settled Law of Hon'ble Supreme Court in case

of Secretary State of Karnataka & Others Vs. Uma Devi

and Others 2006(4) SCC 1 is applicable in the instant case.

On the basis of which none of the workmen are entitled to

any relief."

On the basis of aforesaid findings, I decided the

reference against workmen and in favour of management

and I also dismissed the claim statement of 117 workmen

through, award dated 2.2.2015.

It is also relevant to mention here that principles laid

down by their lordship of Hon'ble Supreme Court in case

of Punjab Beverages (P) Ltd. Vs. Suresh Chand, (1978)

2SCC 144. Wherein their lordship of Supreme Court held

as follows:—

"Discharge or dismissal order does not become void on

mere contraventions of Section 33. The Tribunal

has to examine under Section 33A. The merits of

the dismissal order considering all aspects of the

case. In appropriate cases it is entitled to trial the

breach of section 33 as mere technical breach and

sustain the dismissal order."

Moreover, ruling sited on behalf of workman and

mentioned in written arguments on behalf of workman are

inapplicable in the instant case due to distinguishable

facts because it is settled law of Hon'ble Supreme Court

that principle of law laid down by Hon'ble Supreme Court

and Hon'ble High Court cannot be apply case. Wherein

facts are distinguishable from facts of reported case.

In this background detailed written arguments could

not cast any impressiosn on me. Although, Ld. A/R for the

workman left no stone unturned to impress me.

On the basis of aforesaid discussion I am of considered

view that reference is liable to be decided against workman

Sh. Manish and in favour of management. Which

accordingly decided. Claim statement of workman Sh.

Manish is hereby dismissed.

Award is accordingly passed

dated:—30.6.2015

HARBANSH KUMAR SAXENA, Presiding Officer

ubZ fnYyh] 27 tqykbZ] 2015

dk-vk-1575-&vkS|ksfxd fookn vf/kfu;e 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj vkbZ,eVh ds izca/k

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

vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k ,oa Je

U;k;ky;] u- 1 p.Mhx<+ ds iapkV lanHkZ la[;k 36@2002 dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 27@07@2015 dks izkIr gqvk FkkA

[la- ,y&42012@66@2001&vkbZ vkj ¼lh,e&II½]

jktsUnz flag] vuqHkkx vf/kdkjh

New Delhi, the 27th July, 2015

S.O. 1575.— In pursuance of Section 17 of the Industrial

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

hereby publishes the award (Ref. No. 36/2002) of the Cent.

Govt. Indus. Tribunal-Cum-Labour Court No. 1 Chandigarh

as shown in the Annexure, in the industiral dispute

between the management of Institute of Microbial

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vxLr 8] [email protected] 17] 1937

3313

Technology and their workmen, received by the Central

Government on 27/07/2015.

[No. L-42012/66/2001-IR(CM-II]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE SHRI SURENDERA PRAKASH SINGH,

PRESIDING OFFICER, CENTRAL GOVT.

INDUSTRIAL TRIBUNAL- CUM-LABOUR COURT I,

CHANDIGARH

Case No. ID 36 of 2002. Reference No. - L-42012/66/

2001-IR (CM-II) dated 30.01.2002.

Shri Dharminder, S/o Sh. Ram Dhan, H.No. 1049, Dadu

Majra Colony, Chandigarh.

...Workman

Versus

1.

The Director, Insutiture of Microbial Technology,

Section 39-A, Chandigarh,

...Respondent

APPEARANCE :

For the Workman

: Shri Parkash Chand Advocate

For the Management

: Shri I.S. Sidhu Advocate

AWARD

Passed on 14.07.2015

Governments of India Ministry of Labour vide

notification. L-42012/66/2001-IR (CM-II) dated 30.01.2002

has referred the following dispute to this Tribunal for

adjudication.

“Whether the action of the management of

Microbial Technology Chandigarh in terminating

the services of Shri Dharminder S/o Sh. Ram Dhan

w.e.f. 18-05-99 is legal and justified? If not to what

relief the workman is entitled?”

2. In claim statement the workman submitted that he

was appointed as sweeper-cum-attendant through

contractor on 2-6-1997 for a period of one year and after

the expiry of said contract period, the respondent

management No. 2 duly allowed the workman to work

continuously without any break. The workman worked

with the respondent management w.e.f. 2-6-97 to 18-5-99

continuously when forcibly management terminated his

services without complying with the mandatory provisions

of Industrial Disputes Act 1947. At the time of his

termination the workman was drawing Rs. 1884/- per month.

The workman approached the Central Administrative

Tribunal. Chandigarh Bench for regularization of serivces

and on coming to know about this the management

terminated his services on 18.5.99. The Central

Administrative Tribunal Chandigarh disposed off the

Original Application filed by workman the directions

''workmen will be at liberty to approach the appropriate

forum for the redressal of their/his grievances.'' The

workman prayed for reinstatement of his services with

continuity and full back wages as he is legally entitle for.

3.

The management filed reply. Preliminary

Objection has been taken that the claimant deployed to

the management by the contractor. Therefore, relationship

of master and servant is no existed between the claimant

and the management. The claimant knowingly and

deliberately not impleaded the contractor who deployed

him. It is further pleaded by the workman that the claimant

never employed by the management for the period

mentioned. The claimant and his other co-worker who were

deployed by the contractor abandoned their duties on

14-5-99 voluntarily to protest against the transfer of one

Trishpal by the contractor to another Institute. Thereafter,

neither the claimant nor any office-co- deployed persons

ever deployed with the the management thereafter. The

claimant was receiving his dues from the contractor and

management was paying lump sum amount to the contractor

in accordance with term of contract. The management

submitted that experience certificates issued in favour of

claimant on asking of the claimant to be used by him for

seeking employment elsewhere. The management has not

violated any provisions of law and there is no merit in the

claim of the claimant and the present reference deserves

rejection.

4. In evidence workman filed affidavit in evidence. The

management also filed affidavit of Chhering Tobden

Controller of Administration of the management

Institution. The management also placed on record

documents Ex.M-2 to M-8. Both the witnesses of the

parties were cross-examined by rival counsels.

5. I have heard the parties and gone through the

evidence and record.

6. During the course of arguments learned counsel of

the management placed on record the copy of award

passed in ID No. 698 of 2005 by CGIT-II, Chandigarh in

similar case.

7. Learned counsel for the workman sumbitted during

arguments that the workman was directly employed by the

management and he has completed more than 240 days

service during one calendar year and his services have been

terminated by the management in violation of provisions of

3314

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVANA 17, 1937

[PART II—SEC. 3 (ii)]

Industrial Dispute Act. It is also sumbitted that management

has not examined the contractor which shows that there is

relationship of employer and employee between the

management and the claimant. On the other hand learned

consuel for the management submitted that in para 1 of the

claim statement workman himself admitted that he was

employed through contractor with the management which

shows that there was no relationship of employer and

employee between the parties. As there exist no relationship

of employer and employee, therefore, management has not

violated any provisions of Industrial Dispute Act, 1947.

Learned counsel for the management also submitted that

the respondent management is not Industry under the

provisions of the Industrial Disputes Act, 1947. Learned

counsel for the management also filed copy award passed

in ID No. 698/2005 by learned Central Govt. Industrial

Tribunal-cum-Labour-Court-II, Chandigarh.

8. From the record it is revealed that workman himself

pleaded in para No. 1 of claim statement that he was

appointed as sweeper-cum-attendant through a contractor

on 2-6-97 for a period on one year. There is no document

which shows that after of the completion of one year the

workman was ever appointed with the management. There

is no document on the record to show that workman was

paid salary by the management. There is a specific assertion

of the management that workman was deployed with the

management through contractor. The admission on the

part of the workman in his claim statement clearly shows

that he was deployed with the management through

contractor.

9. There is no denial of the fact that co-workers filed

OA No. 471-PB-99 which was decided on 11-1-2000 and it

was observed in the judgement that the workmen are

essentially employees of contractor who provided labour

to the management and his order being not challenged

attained finality. It is pertinent to mention that the workman

has not impleaded the contractor as party in the present

reference.

10. In view of the discussion made in the above paras, it

is held that the applicant workman was never engaged by

the management at any point of time and he was the employee

of the contractor who deployed him with the management.

There is no relationship of master and servant between the

parties and his services were not terminated by the

management. resultantly there is no violation of any

provision of Industrial Dispute Act on the part of the

management.

11. The reference is answered accordingly. Central Govt.

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

Govt. for publication.

Chandigarh. 14-07-2015

S.P. SINGH, Presiding Officer

ubZ fnYyh] 27 tqykbZ] 2015

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

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

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U;k;ky;] dkuiqj ds iapkV ¼lanHkZ la[;k 39@2012½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 27@07@2015 dks izkIr gqvk FkkA

[la- ,y&22011@6@2012&vkbZvkj ¼lh,e&II½]

jktsUnz flag] vuqHkkx vf/kdkjh

New Delhi, the 27th July, 2015

S.O. 1576.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. 39/2012) of the Cent.

Govt. Indus. Tribunal-Cum-Labour Court Kanpur as shown

in the Annexure, in the industiral dispute between the

management of Food Corporation of India, TC/3C, FCI,

16/20, HQrs. Barakhamba Lane, Food Corporation of India

14/79, and their workmen, received by the Central

Government on 27/07/2015.

[No. L-22011/6/2012-IR(CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE SRI SHUBHENDRA KUMAR, HJS,

PRESIDING OFFICER, CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL -CUM -LABOUR COURT,

KANPUR

Industrial Dispute No. 39 of 2012

Between-

The General Secretary,

Food Corporation of India Handling Workers Union,

8651 Arakashan Road,

New Delhi.

and

The General Manager,

Food Corporation of India,

TC/3C Vibhuti Khand,

Gomti Nagar,

Lucknow.

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vxLr 8] [email protected] 17] 1937

3315

AWARD

1. Central Government, MoI, New Delhi, vide

notification No. L-22011/06/2012-IR- (CM-II) dated

17-05-2012, has referred the following dispute for

adjudication.

2. Whether the 224 persons whose names appear in

the annexure A have ever worked in the Food Corporation

of India, FSD Etawah ? If so, whether they are entitled to be

retained as employees of Food Corporation of India after

abolition of Contract Labour System? If not what relief

they are entitled to?

3. In the Instant case one Jai Chandra Bhadoria and

223 other workers are involved. After exchange of pleadings

between the parties vide order dated 29.04.2013, opportunity

to file rejoinder and documents by the Union was closed

as none appeared from the side of the Union. Again on

01.08.2013 none appeared in the case from the side of the

Union, therefore, opposite party did not prefer to file

documents in the case.

4. On 23.09.2013, when the case was taken up, none

turned up from the side of the Union and considering the

fact that no evidence has been adduced therefore, the

opportunity to adduce evidence was closed and the case

was fixed for arguments of the parties.

5. On 23.01.2014 again none was present from the side

of union; therefore, case was reserved for award.

6. From the above it is abundantly clear that it is a case

of no evidence. As such tribunal is left with no option but

to answer the reference in negative against the Union

holding that for want of evidence and proof the union is

not entitled for any relief.

7. Reference is answered accordingly against the Union

raising the present dispute.

SHUBHENDRA KUMAR, Presiding Officer

ubZ fnYyh] 27 tqykbZ] 2015

dk-vk-1577-&vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

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

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

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

U;k;ky;] tcyiqj ds iapkV lanHkZ la- 78@ 2001 dks izdkf'kr djrh

gS] tks dsUnzh; ljdkj dks 27-07-2015 dks izkIr gqvk FkkA

[la- ,y&22012@200@2000&vkbZvkj¼lh&II½]

jktsUnz flag] vuqHkkx vf/kdkjh

New Delhi, the 27th July, 2015

S.O. 1577.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (Ref. 78/2001) of the Central

Government Industrial Tribunal-Cum-Labour Court,

Jabalpur as shown in the Annexure, in the industrial dispute

between the management of Western Coalfields Limited,

and their workmen, received by the Central Government

on 27.07.2015.

[No. L-22012/200/2000-IR (C-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/78/2001

Shri Ashok Mishra,

S/o Ram Prasad Mishra,

Ex Cashier, Bazar Road,

Chandametta,

Distt. Chhindwara

...Workman

Versus

General Manager,

WCL, Pench Area,

PO Parasia,

Distt. Chhindwara

...Management

AWARD

Passed on this 19th day of June, 2015

1. As per letter dated 12.4.2001 by the Government of

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

received. The reference is made to this Tribunal under

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

L-22012/200/2000-IR(C-II). The dispute under reference

relates to:

“Whether the action of the Dy. General Manager, WCL,

Pench Area, PO Parasia, Distt. Chhindwara in dismissing

the services of Shri Ashok Mishra, Cashier of Regional

Workshop of WCL, Chandametta w.e.f. 24.6.95 is

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

3316

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVANA 17, 1937

[PART II—SEC. 3 (ii)]

2. After receiving reference, notices were issued to the

parties. Ist party workman submitted statement of claim at

Page 4/1 to 4/9. Case of workman is that he was employed

on post of cashier in Regional workshop at Chandametta

at WCL. That false chargesheet was served on him. Exparte

enquiry was conducted and he was dismissed from service

as per order dated 24.6.95. It is further submitted that he

was appointed as accounts clerk Grade II on 10.10.76. He

was posted at GM Office at Parasia. In October 1981, he

was transferred to Chandametta. He was promoted as

Account Clerk Grade I on 7.11.81. He had completed 20

years unblemished service before his dismissal. He was

performing duty of cashier in Regional Office,

Chandametta. On 21.3.94 he was suspended on complaint

about missing the cheques of gratuity amount and theft

of gratuity cheque No. 620021 of one Shri Sitaram

Vishwakarma and misappropriation. That any document

alongwith chargesheet were not served on him. The

suspension order was issued by Dy. General Manager

(Mining) Pench Area. Shri L.S. Thawrani was appointed

as Enquiry Officer, Shri M.L. Chourasia was appointed as

management's representative. Enquiry was fixed on 8.7.94.

It was adjourned to 10.4.94 enquiry was adjourned time to

time i.e. 25.12.94, 25.2.95 & 17.5.95. That Notice of enquiry

was published in Jabalpur Express which was not

published in Parasia or Chhindwara, the enquiry

conducted against him is illegal. Enquiry Officer submitted

his finding on 22.5.95 on basis of finding of Enquiry Officer.

Dy. General Manager issued order of his dismissal on

24.6.91.

3. Workman submits that Enquiry Officer was biased.

The principles of natural justice were violated. Enquiry

Report was not served on workman. The allegation in

chargesheet were vague. Findings of enquiry Officer are

perverse. The order of dismissal passed on findings of

illegal enquiry is illegal. Workman prays for his

reinstatement with back wages.

4. IInd party filed Written Statement at Page 5/1 to 5/13

opposing claim of workman. Preliminary objection is raised

that the workman was dismissed in 1995, the dispute was

raised after long lapse of time in 2000 is not tenable. The

appointment and promotion of workman to accounts clerk

Grade I on 7-11-81 is not disputed. IInd party reiterates

that workman did not maintain register for making entries

for cheques and recipt and disbrusement. Workman

fradulently manage to steal cheque No. 620021 and 620029

prepared in name of Shri Sita Ram Vishwakarma and

Shri Balkar Singh. That the workmen managed to open

account in SBI Burkui Fraudulently in name of those

employees and withdrawn amount of Rs. 45,000/- That

cheque of Rs. 75,000/- was issued in name of Shri Ram

Vishwakarma and Balkar Singh were found missing. The

incident was report to police. The cheque in name of Balkar

Singh and some cash was recovered from house of

workman. Chargesheet was issued to him. That Shri M.L.

Choursia was appointed as Enquiary Officer, Shri L.S.

Yavrani as management's representative as per order dated

19-6-94. Enquiry was Conducted on 8-7-94, 10-7-94,

26-8-94, 25-12-94, 17-5-95&22-5-95.Despite of public notice

in newspaper,he did not participate in Enquiry Proceedings.

Enquiry was proceeded exparte and statements of

management's witnesses were recorded on 22-5-95. It is

reiterated that Enquiry Officer chargesheet considering

evidence. Charges against workman were proved.The

Competent Authority considering serious nature of

charges, issued order of dismissal of workman on 24-6-95.

IInd party submits that punishment of dismissal of workman

is proportionate to the seriousness of the charges.

Dismissal of workman is proper and legal.

5. As per order dated 8-7-2014, the enquiry conducted

against workman is found proper and legal.

6. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reason as below:—

(i) Whether the misconduct

In Affirmative

alleged against workman is

proved from evidence in

Enquiry proceedings?

(ii) Whether the punishment of

In Affirmative

dismissal imposed against

workman is proper and legal?

(iii) If not, what relief the

Workman is not

workman is entitled to?"

entitled to any relief.

REASONS

7. As stated above, enquiry conducted against

workman is found legal and proper, question arises whether

the charges alleged against workman are proved from

evidence in Enquiry Proceedings and whether punishment

of dismissal imposed against workman is proper and legal.

Ist point requires to be decided considering evidence in

Enquiry Proceedings. Document produced Exhibit W-1 is

order of suspension, W-2 is order appointing Enquiry Officer

and management's representiative. Exhibit W-3 is copy of

Enquiry Proceedings. Original record of enquiry is also

produced in the matter. Exhibit W-4 is copy of Enquiry

Report. W-5 is notice issued to workman about

unauthorized occupation of the quarter. W-6 is order of

dismissal dated 24.6.95. Management has produced

documents M-1 application submitted by workman to keep

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vxLr 8] [email protected] 17] 1937

3317

enquiry in abeyance M-2 to M-4 are workman requesting

adjournment of enquiry. Documents Exhibit M-5 & M-6

have no direct bearing on the point of proof of the charges

alleged against workman. Exhibit M-7/1 to 7/17 are record

of enquiry conducted against workman. The statements of

management's witnesses recorded in Enquiry Proceedings

Exhibit 7/3. Management's witness Shri L.S. Yavarani in his

statement says that he was working as General Manager

on 16.3.94. Suptd. Engineer brought to his notice that the

cheque of gratuity were missing. Those cheques were

bearing No. 620021 & 620029. The Bank was immediately

informed to stop payment. The cheque issued in name of

Sitaram S/o Kishore was credit in State Bank of India. It

was disclosed that amount of Rs. 75,000 was deposited in

account and amount of Rs. 35,000 was withdrawn from it.

When enquiry was made from Shri Sitaram, he disclosed

that he has neither opened any account nor withdrawn

any amount. The account was opened in name of Shri

Sitaram and amount of Rs. 35,000 was withdrawn. As per

rules, the cheque were in custody of workman. The cheque

for amount of Rs. 45,513.25 in name of Shri Balkar Singh was

received. On search, said cheque was received from house

of workman. On enquiry, workman did not explain anything

about it. Management's witnesses Devra Gogre and

accountant A.L. Vishwakarma in their statement has disclosed

that the cheques were in custody of workman Shri Ashok

Mishra. The management's witness Haradhan Mukherjee

Executive engineer in Chandametta workshop in his

statement says that cheques in name of Sitaram and Balkar

Singh were received but no due certificate were not submitted.

Therefore cheques were not disbursed. The cheques were

found missing, the incident was reported to police. Shri

Ashok Mishra and Kundan Lal Vishwakarma were arrested.

Kundan Lal Vishwakarma the guaranter for opening account

of Gajadhar was apprehended. Account was opened in name

of Shri Sitaram Vishwakarma, by Yogendra, brother of

workman and amount was withdrawn. Cheque in name of

Balkar Singh was received from house of workman. Evidence

of all witnesses of management remained unchallenged.

Workman has not participated in enquiry despite of repeated

notices and public notice. Exhibit M-7/16 letter by Accounts

Officer w.r.t. the cheques sent to the Manager. The Enquiry

Report is produced at Exhibit M/7/17. Enquiry Officer had

considered statements of all the management's witnesses

including cross-examination by management's

representative. Enquiry recorded his findings that charges

against workman are proved.

8. Learned counsel for Ist party Shri S. Pandey at the

time of argument did not pointout any evidence in Enquiry

proceeding. to substantiate his argument that findings of

Enquiry Officer are not supported by evidence, how

findings of Enquiry Officer are perverse. Considering the

evidence of all 4 witnesses of management that cheques in

name of Sitaram Vishwakarma, Balkar Singh were received.

The cheque and amount was recovered from house of

workman. At the instance of workman, account in name of

his brother was opened and amount of Rs. 35,000 was

withdrawn from the account. It is clear that findings of

Enquiry Officer are supported by evidence of mangement's

witnesses. Charges alleged against workman are proved

from evidence in Enquiry Proceedings. Therefore I record

my finding in Point No. 1 in Affirmative.

9. Point No. 2 As per my findings on Point No. 1 that

charges about theft, misappropriation of cheque of gratuity

is proved, punishment of dismissal of workman is imposed.

Considering the serious nature of misconduct proved

against workman committing theft of check, opening

account in name of his brother, withdrawing amount of

Rs. 35,000 from the account, the punishment of dismissal

imposed against workman cannot be said excessive or

disproportionate. In my considered view, considering

proved charges against workman, punishment of dismissal

imposed against workman does not call for interference. I

therefore record Point No. 1 in Affirmative.

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

(1)

The action of the Dy. General Mnager, WCL, Pench

Area, PO Parasia, Distt. Chhindwara in dismissing

the services of Shri Ashok Mishra, w.e.f. 24.6.95 is

legal and proper.

(2)

Workman is not entitled to any relief.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 27 tqykbZ] 2015

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[la- ,y&22012@438@1997&vkbZ-vkj- ¼lh,e&II½]

jktsUnz flag] vuqHkkx vf/kdkjh

New Delhi, the 27th July, 2015

S.O. 1578.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (Ref. No.246/98) of the Central

Government Industrial Tribunal-Cum-Labour Court,

Jabalpur as shown in the Annexure, in the industrial dispute

between the management of Western Coalfields Limited,

and their workmen, received by the Central Government

on 27.07.2015.

[No. L-22012/438/1997-IR (CM-II)]

RAJENDER SINGH, Section Officer

3318

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVANA 17, 1937

[PART II—SEC. 3 (ii)]

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL -CUM- LABOUR COURT,

JABALPUR

No. CGIT/LC/R/246/98

General Secretary,

P.K.K.K.K. Sangh, PO Damua,

Distt. Chhindwara (MP)

...Workman/Union

Versus

Sub Area Manager,

Datla Sub Area of WCL,

PO Ghorawari,

Distt. Chhindwara (MP)

...Management

AWARD

Passed on this 24th day of June 2015

1. As per letter dated 5-11-1998 by the Government of

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

received. The reference is made to this Tribunal under

Section-10 of I.D. Act, 1947 as per Notification No. L-22012/

438/97-IR(CM-II). The dispute under reference relates to:

“Whether the action of the management of Datla

Sub Area of WCL, Kanhan Area PO Ghorawari,

Distt. Chhindwara in not promoting Shri M.L.

Chourasia, Clerk Grade_II, Datla Sub Area of WCL

to the post of Clerk Grade-I and also subsequent

promotion to Special Grade Clerk in line is justified?

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

2. After receiving reference, notices were issued to the

parties. Ist party workman submitted statement of claim at

Page 5 to 15 though General Secretary of Union. Case of

Ist party is that workman Shri M.L. Chourasia was

appointed on 1-3-76 at Chikalmau colliery of WCL, Kanhan

Area as General Mazdoor. He was promoted on post of

Clerk Grade II on 1-3-78. Workman was recommended to

General Manager, Kanhan Area for promotion of clerk

Grade I as per Note dated 8-7-84. It is further submitted

that workman was transferred from Chikalmau colliery to

the office of Datla Sub Area of WCL. The Ist party further

submits that the Dy. Chief Mining Engineer Datla group

of mines admitted in note dated 20-2-87 that (i) related to

Accountant Technical Grade A. That in Kanhan Area, every

except Datla have been provided Accountant, the post is

lying vacant on account of his transfer, (ii) there is

requirement of one special Grade Clerk in Dy. CME Office.

Previously there was one special Grade Clerk Mr. K.B.S.

Chouhan who has been transferred to Area store in the

month of October 84, Shri S.P. Singh Special Grade posted

at Group Account Office, (iv) Datla group has not been

provided any steno, (iv) at Datla group there is requirement

of 3 No. clerk Grade I. Ist party also referred to notes

pertaining to stenographer, Sr. P.L. Clerk Grade I, Accounts/

Audit Clerk, Grade I General clerk who will maintain daily

production report keeping of the stationeries including

receipt and issue.

3. That management constituted DPC to examine claim

of Shri M.L. Choursia for his promotion from clerical grade

II to clerical Grade I. after having lapse of 11 years 5

months, the workman has been promoted on the job of

clerical Grade I. It is reiterated that management had granted

promotion to Shri Onkar Bisender S/o Babulal, Shri

Mohanlal Barmaiya, Shri O.P. Srivastava juniors to the

workman. That workman joined service in WCL in 1-3-76

after nationalization of coal mines. It is submitted that

right, title and interest were transferred and vested in the

Central Government. The nomenclature, job description

and categorization of coal employees is part of the NCWA

I to V. Bipartite agreements are binding.

4. The competent authority had agreed about delegation

of powers. The decision of the Competent Authority on

such recommendation would be final. In para-10 of the

statement of claim, the details of service record of Shri

M.L. Chourasia workman, Shri Onkar Bisender S/o Babulal,

Shri Mohanlal Barmaiya, Shri O.P. Srivastava are given.

The workman is senior as he was appointed on 1-3-78 and

other persons are appointed subsequent to the workman.

Ist party submits that Shri M.L. Chourasia was illegally

denied promotion of the post of Clerk Grade I. That

workman was eligible for said promotion from 8-7-84 be

allowed.

5. IInd party filed Written Statement at page 23 to 31

opposing claim of the workman. It is submitted that

workman claimed promotion from post of Clerk Grade II to

post of Clerk Grade I. Workman is promoted as Clerk Grade

I on 1-9-90. Therefore the reference has become

infructuous. The dispute is raised after lapse of more than

12 years is belated and not tenable. That the dispute was

raised by Kanhan Koyla Khadan Karmachari Sangh

workman is not its member. The dispute raised by Union is

not tenable. Workman was appointed on 1-3-76. He was

promoted to Clerk Grade II on 1-3-78 and Clerk Grade I

from 1-9-90. GS office considered cases for promotion of

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vxLr 8] [email protected] 17] 1937

3319

eligible cases on 1-4-88. Thereafter DPC could not be held

due to administrative reasons. The promotions were

considered w.r.t. sanctioned vacancies. Workman was not

recommended by DPC. Workman was working in Chikalmau

collieiry. Said mine was closed 15 years back. Workman

was transferred to various collieries and lastly to Datla

Sub Area Collieries. All adverse contentions of Ist party

are denied. IInd party has quoted ratio held in various

cases in support of his contention that claim of workman

for promotion is not proper. Other employees were

recommended for promotion by DPC, claim of workman is

not justified.

6. Ist party submitted rejoinder at Page 33 to 41

reiterating is contentions in statement of claim.

7. As per ordersheet dated 10-12-2004, it is noticed that

application for impleading Shri Onkar Bisender S/o Babulal,

Shri Mohanlal Barmaiya, Shri O.P. Srivastava was allowed.

Even after notice, they failed to appear in proceeding.

They were proceeded exparte as per ordersheet dated

18-5-05.

8. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

(i)

Whether the action of the

In Affirmative

management of Datla Sub

Area of WCL, Kanhan

Area PO Ghorwari, Distt.

Chhindwara

in

not

promoting Shri M.L.

Chourasia, Clerk Grade-II,

Datla Sub Area of WCL to

the post of Clerk Grade-I

and also subsequent

promotion to Special

Grade Clerk in line is

justified?

(ii)

If not, what relief the

Workman is not

workman is entitled to?"

entitled to any

relief.

REASONS

9. Workman is claiming promotion from Clerk Grade II

to Clerk Grade I from 8-7-84 alleging that junior employees

are promoted. He was denied promotion illegally. IInd party

submits that the claim under dispute is highly belated and

same cannot be allowed. Citation relied on the point shall

be considered at later part of the award.

10. Workman filed affidavit of his evidence supporting

his contentions in statement of claim. That he was

appointed as General Mazdoor on 1-3-76, he was promoted

to Clerk Grade II on 1-3-78. That Shri Onkar Bisender S/o

Babulal, Shri Mohanlal Barmaiya, Shri O.P. Srivastava junior

to him were allowed promotion on 1-1-83, 22-4-84, & 1-4-

88. Workman was denied promotion to the post of Clerk

Grade I. They were promoted to Clerk Special Grade on

6-10-9, 29-1-92 & 8-12-95 overlooking his seniority. In his

cross-examination, workman says he was member of

INTUC Union. He did not remember when he joined said

Kanhan Koyla Khadan Karmachari Sangh. The dispute

was raised by INTUC Union. Said Union was convinced

about the stand taken by the management. The dispute

was not further prosecuted. He denies that taking help of

other Union, the dispute was raised by him. He reiterates

that Shri Onkar Bisender S/o Babulal, Shri Mohanlal

Barmaiya, Shri O.P. Srivastava were junior to him the

claimed promotion. The seniority is considered at Area

Level and not at Company level. Workman admits that for

promotion, vacant sanctioned post is necessary.

Recommendation by DPC is also necessary. He was not

recommended by DPC for promotion.

11. Management's witness Shri Indrajit Singh filed

affidavit of evidence supporting contentions in Written

Statement of the mangement. In his cross-examination,

management's witness says workman was appointed on

1-3-76. He was acquainted with the workman. He did not

know Shri Onkar Bisender, Shri Mohanlal Barmaiya, Shri

O.P. Srivastava. The claim of workman for promotion to

Clerk Grade I is from July 1984, the dispute is referred as

per order dated 5-11-88. Workman has admitted in his

cross-examination that INTUC Union has raised his dispute

but on talk with management, the INTUC Union refused

to raise the dispute. That workman raised dispute with the

help of other Union in 1998. Learned counsel for Ist party

Shri K.B. Singh submits that the dispute raised after long

lapse of time is tenable. On the above point, reliance is

placed on ratio held in.

"Case of Dy. CME/Sub Area Manager, Ram Nagar RO

SECL, Shahdol versus Union of India and others reported

in 2008(1) MPLJ-60. Their Lordship of full bench held

belated claim giving rise to an industrial dispute can be

referred by the appropriate Government if it finds that

industrial dispute exists at the time of making the reference.

In case of National Engineering Industries Ltd. versus

State of Rajasthan and others reported in 2000(1) SCC-

371, their Lordship held Industrial Tribunal cannot examine

the validity of a reference. Where pursuant to identical

charters of demands made by several Unions, the

management and a representative Union reached a

conciliation settlement to be operative immediately after

expiry of the previous settlement.

3320

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVANA 17, 1937

[PART II—SEC. 3 (ii)]

12. Learned counsel for IInd party Shri A.K. Shashi on

above point relies on ratio held in

Case of A.J. Fernandis versus Divisional Manager, South

Central Railway and others reported in 2001(1) SCC-240.

Their Lordship dealing with delay and latches - application

challenging the promotion of another employee after a

period of 4 long years held liable to be dismissed.

In case of 1979 — Lab. I. C. 827. The ratio held that

Tribunal cannot go beyond terms of reference have no

direct bearing to the controversy between parties.

Another citation in case of Telecommunication

Engineering Service Association and another versus Union

of India and another reported in 1993-II-LLJ 585. Deals

with provision seniority on large scale and consequential

promotions claim for back wages on promotion can be

allowed only from date of actual working on higher post.

The ratio held in the above case does not cover the

controversy between parties. So far as claim of workman

for promotion of Clerk Grade I is from 1984, the dispute is

raised in 1998 is highly belated. Such claim cannot be

accepted. Besides it, the workman was not recommended

by DPC for promotion therefore the claim of workman for

promotional post cannot be upheld. For above reasons, I

record my finding in Point No. 1 in Affirmative.

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

(1) The action of the management of Datla Sub Area of

WCL, Kanhan Area PO Ghorawari, Distt.

Chhindwara in not promoting Shri M.L. Chourasia,

Clerk Grade-II, Datla Sub Area of WCL to the post

of Clerk Grade-I and also subsequent promotion of

Special Grade Clerk is legal and proper.

(2) Workman is not entitled to any relief.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 27 tqykbZ] 2015

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

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[la- ,y&22012@356@1997&vkbZvkj ¼lh,e&II½]

jktsUnz flag] vuqHkkx vf/kdkjh

New Delhi, the 27th July, 2015

S.O. 1579.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. 192/98) of the

Cent.Govt.Indus.Tribunal-cum-Labour Court, Jabalpur as

shown in the Annexure, in the industrial dispute between

the management of South Eastern Coalfields Limited, and

their workmen, received by the Central Government on

27/07/2015.

[No. L-22012/356/1997-IR(CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL -CUM- LABOUR COURT,

JABALPUR

No. CGIT/LC/R/192/98

Shri M.L. Jain,

...Workman/Union

Executive Committee Member,

SKMS (AITUC),

Near Panchayati Mandir,

Shahdol (MP)

Versus

Sub Area Manager,

...Management

Rajnagar PO SECL,

PO Rajnagar colliery,

Distt. Shahdol (MP)

AWARD

Passed on this 29th day of June 2013

1. As per letter dated 19-8-98 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-22012/

356/97/IR(CM-II). The dispute under reference relates to:

“Whether the action of the Colliery Manager,

Rajnagar R.O. Colliery of SECL in dismissing Shri

Swamideen S/o Shri Shyamlal, Trammer/Explosive

Carrier, Rajnagar 5/6 Incline from company services

w.e.f. 4-12-96 is legal justified? If not, to what relief

is the workman entitled?”

2. After receiving reference, notices were issued to the

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vxLr 8] [email protected] 17] 1937

3321

parties. Workman filed statement of claim through Union

at page 3/1 to 3/9. Case of IInd party workman is that the

workman was engaged on 31-3-72. He was working under

different capacity to the satisfaction of management.

Chargesheet was issued to workman Swamideen on 7-4-

96. During relevant period, workman was working as

explosive career. His services were terminated by Colliery

Manager from 4-12-96. The dispute was raised before ALC.

The charges against workman were of habitual late

attendance under clause 26.4. The absence from duty

without sanctioned leave or overstaying beyond

sanctioned leave under clause 26.30 of the standing orders.

IInd pary reiterated that chargesheet was not served on

delinquent employee. The charges were not specific. The

charges of poor attendance was not including in the

misconduct enumerated under Clause 26 of the certified

standing orders. That misconduct alleged under clause

26.30 did not arise. There was no question of overstaying

the sanctioned leave. The absence of workman was on

the ground of his ailment. Medical certificates were

produced. That enquiry conducted against workman was

false. Termination of workman was by way of victimization

of management. Enquiry was conducted in violation of

principles of natural justice. Workman could not cross-

examine management's witness. The list of witnesses was

not supplied to him. Enquiry Officer conducted enquiry

with ulterior motive. Workman had completed 24 years

continuous unblemished service. the punishment of

dismissal imposed against him is illegal.

3. IInd party filed Written Statement at Page 10/1/ to 10/

6 opposing claim of the workman. IInd party submits that

it is Government company incorporated under section 617

of Companies Act 1956. 5-6 Incline are in Rajnagar Sub

Area. Workman Swamideen was working as Trammer under

5-6 Incline of Rajnagar Sub Area. It is alleged that the

workman was unauthorisely absent from duty.

Chargesheet was issued to him, enquiry was conducted

against workman, working days of workman are shown in

para 12 of the Written Statement. Workman never informed

emplyee about his illness. They have not applied for leave.

His leave was never extended. Workman deliberately not

attended his duties. Workmam was declared fit by Medical

Officer. Workman had participated in the enquiry. Charges

issued against workmen were proper. Direct rules of

Evidence Act are not applicable in the matter. It is denied

that Competent Authority not applied his mind while

imposing the punishment.

4. As per order dated 24-7-2013, enquiry conducted

against workman is found legal.

5. Considering pleadings on record and findings on

preliminary issue, 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 misconduct

In Affirmative

alleged against workman is

proved from evidence in

Enquiry proceedings?

(ii)

Whether the punishment of

dismissal imposed against

In Nagative

workman is proper and

legal?

(iii)

If not, what relief the

As per final order.

workman is entitled to?

REASONS

6. As per order dated 24-7-13, enquiry is found legal.

The question whether charges alleged against workman

are proved needs to be decided from evidence in Enquiry

Proceedings. Departmental Enquiry conducted against

workman is found legal as workman had not examined

himself to substantiate his contentions about enquiry

conducted against him. As per document Exhibit M-1

charges against workman were of habitual absence from

duty, absence from duty without sanctioned leave. Exhibit

M-3 chargesheet shows attendance of workman only 48

days during the period 1-4-95 to 31-3-96. In Exhibit M-11,

workman has claimed that he was admitted in hospital from

26-4-95 to 27-4-95. Workman had not produced any

documents about his illness or treatment received by him.

The perusal of Enquiry Report shows workman denied

charges against him as per Exhibit M-1-C, Enquiry

Proceedings dated 12-7-93. The Enquiry Officer recorded

statement of workman himself instead of recording

evidence of management's witnesses. Again statement of

workman was recorded. Workman was subjected to

interrogation. Workman did not produce documents about

his illness or medical treatment. Without recording

statement of any of the management's witnesses, Enquiry

Officer submitted his findings and workman failed to

produce documents about his illness. The charges against

workman were held proved. As per Exhibit M-5 again

workman was asked whether he was admitting charges

against him. Then Management Representative was

directed to produce his evidence. Enquiry Proceedings

Page 8 shown that again workman was asked to lead

evidence as he had denied the charges. The Enquiry

Proceedings dated 3-6-96 page 9 again statement of workman

was recorded and he shown his inability to produce

documents about his illness. Statement of Management's

Representative is recorded at Page 10. It refers to the

charges against workman. The workman had worked 28

3322

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVANA 17, 1937

[PART II—SEC. 3 (ii)]

days in 1993, 53 days in 1994, 76 days in 1995 and did not

work for a single days in 1996. Workman has failed to adduce

any evidence on preliminary issue as well as other issues.

The perusal of record of enquiry shows workman had not

disputed his absence from duty. Only defence that because

of illness, he could not attend duty is not supported by

documents. Enquiry Officer in his report referred to the

certificate issued by Summary Clerk & Incharge of Incline

5-6 is not found in the record of enquiry. Therefore the

findings of Enquiry Officer is not supported by cogent

evidence. Therefore I record my finding on Point No. 1 in

Negative.

7. Point No. 2—In view of my finding in Point No. 2,

the charge of unauthorized absence alleged against

workman is proved, the punishment of dismissal is imposed

against workman for unauthorized absence workman was

in service of IInd party from 31-3-1972. He was terminated

as per order dated 4-12-96. The length of service was not

considered while imposing punishment. For unauthorized

absence, punishment of dismissal from service overlooking

his length of service appears excessive. Therefore

punishment of dismissal is not proper and legal. Accordingly

I record my finding in Point No. 2.

8. Point No. 3—As per finding on Point No. 2

punishment of dismissal imposed against workman

overlooking length of his service from 1972 cannot be

upheld. The punishment of dismissal therefore need to be

modified to the punishment of compulsory retirement.

Accordingly I record my finding in Point No. 3.

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

(1) The action of the management of SECL in dismissing

Shri Swamideen S/o Shri Shyamlal, Trammer/

Explosive Carrier, Rajnagar 5/6 Incline from company

services w.e.f. 4-12-96 is not proper and legal.

(2) The punishment of dismissal is modified to

compulsory retirement. Workman be allowed all retiral

benefits.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 27 tqykbZ] 2015

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14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ,lbZlh,y ds izca/

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[la- ,y&22012@500@1996&vkbZ vkj ¼lh,e&II½]

jktsUnz flag] vuqHkkx vf/kdkjh

New Delhi, the 27th July, 2015

S.O. 1580.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. 89/98) of

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

Jabalpur as shown in the Annexure, in the industiral dispute

between the management of South Eastern Coalfields

Limited, and their workmen, received by the Central

Government on 27/07/2015.

[No. L-22012/500/1996-IR(C-II]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THECENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, JABALPUR

No. CGIT/LC/R/89/98

General Secretary,

Chhattisgarh Khadan Karkhana Mazdoor Union,

Banki Mogra,

Distt. Balaspur

....Workman/Union

Versus

Dy. General Manager,

SECL, Banki Colliery,

Post Banki Colliery,

Distt. Bilaspur

...Management

AWARD

Passed on this 1st day of July, 2015

1. As per letter dated Nil 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, 1947 as per Notification No. L-22012/500/

96-IR (CM-II). The dispute under reference relates to:

"Whether the action of the management of SECL in

retiring the workman Shri Bhanwar Sai, S/o Gulal,

Ex-Conveyor Khalasi w.e.f. 17-7-96 by treating his

date of birth as 1-7-36 instead of 2-1-43 is legal and

proper? If so, to what relief the workman is entitled

to?"

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vxLr 8] [email protected] 17] 1937

3323

2. After receiving reference, notices were issued to the

parties. Ist party Union submitted statement of claim at

Page 2/1 to 2/3. Ist party workman submits since 1967, he

was working in NCDC Banki coliery as Mazdoor Category I.

The signature of workman Bhanwar Sai was obtained in

Form B Register by Dy. Suptd. of Mines. While preparing

the Form B register, his age was shown 24 years at the time

of his initial appointment on 2-1-67. On 2-7-87, the service

excerpts were supplied to workman, his date of birth was

recorded 2-1-43. Workman did not raise any objection to

it. He was not worried about his age, according to which

he would retire on 1-1-2003. In April 1995, workman was

given his pay slip, his date of birth was recorded 17-7-36.

His date of birth shown in pay slip was objectionable.

Workman submitted application for correction of his date

of birth. On 29-5-95, notice of retirement was issued to

workman on 7-2-96 for his retirement on 11-7-96. It is

reiterated that his application for correction of date of

birth was not considered. Workman was retired from

17-7-96 instead of 11-7-76 as per notice. Workman reiterates

his date of birth from 2-1-43 was corrected to 17-7-36

without any document. On corrected date of birth, he was

retired from service. Workman prays that his retirement

from 17-7-96 is illegal. He prays for his reinstatement.

3. IIn party filed Written Statement at page 5/1/ to 5/4

opposing claim of the workman. Initial appointment of

workman from 2.1.67 is not disputed. IInd party submits

that the date of birth of workman was recorded 17-7-36

and not 2-1-43. Any excepts circulated to workman, his

date of birth was recorded 2-1-43 by the mistake by the

concerned clerk, it was clerical mistake. The workman was

expected to substitute entry therein of his correct date of

birth in his service excerpts. That in Form B Register

adopted in 1976, date of birth of workman was shown

17-7-36. It is not fair on part of workman to file false claim

assuming something in his favour. The claim is on basis of

presumption and the error committed by clerk IInd party

submits that claim of workman is not legal.

4. Union submitted rejoinder at Page 6/1/ to 6/2

reiterating his contentions in statement of claim. It is

submitted that workman is illiterate, only he could sign.

He could not write his date of birth. Workman was not

supplied documents. Workman claims ignorance about

those documents.

5. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded each of them for the reasons as

below:—

(i)

Whether the action of

management of SECL in retiring

the workman Shri Bhanwar Sai,

In Affirmative

S/o Gulal, Ex-Conveyor Khalasi

w.e.f. 17-7-96 by treating his

date of birth as 1-7-36 instead

of 2-1-43 is legal and proper?

(ii)

If not, what relief the

Workman is not

workman is entitled to?"

entitled to any

relief

REASONS

6. Workman is challenging his retirement by

management considering his date of birth 17-7-36 instead

of 2-1-43. Workman filed affidavit in support of his claim

covering his contentions in statement of claim. His initial

appointment as General Mazdoor Category was 2-1-67.

The rules for retirement were framed on 27-7-87, his service

excerpts were supplied. His date of birth was recorded

2-1-43. That at time of his initial appointment on 2-1-67, his

age was shown 24 years. In pay slip of April 95, his date of

birth was shown 17-7-36. On basis of said date of birth he

was retired from 17-7-96. Workman has produced certain

documents. No care was taken to advice evidence to prove

for proof of those documents by workman. I will deal with

those documents at later part of award. workman in his

cross-examination says his date of birth is 1-2-93. He did

not have documents about his date of birth. he told his

date of birth at the time of his appointment. He denies

thump mark on Exhibit M-1. he denies that he was putting

his thump mark in the earlier page. He admitted his photo

on M-2 but denied his thump mark. Workman denied that

his date of birth is 17-7-36 recorded at the time of his

joining. Workman admits M-4 his pay slip. His date of

birth was recorded as 1936. Thereafter he submitted

application Exhibit W-3.

7. Management's witness Shri P.K. Jain failed affidavit

of his evidence supporting contentions of management in

Written Statement. That date of birth of workman was

recorded 17-7-36 in Form B. copies is produced at Exhibit

M-1, M-2. Service excerpts were served on workman by

clerical mistake, date of birth was shown 2-1-43 instead of

17-7-36. As per I.I.No. 37 of NCWA-II, notice was

displayed on notice board on 15-1-82 displaying date of

birth of employee. The objections were invited withing

30 days. His date of birth was recorded 17-7-36. Workman

was given fair reasonable opportunity to submit any

complaint. Workman had not submitted complaint

disputing his date of birth 17-7-36. the copies of documents

Exhibit M-3, 4 are produced. The evidence of management's

witness remained unchallenged as management's witness

was not cross-examined by the workman.

3324

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVANA 17, 1937

[PART II—SEC. 3 (ii)]

8. Documents Exhibit W-1 is copy of service excerpts

of workman his date of birth is mentioned 2-1-43, date of

appointment is shown 2-1-67. In W-2, copy of pay slip for

April 95, his date of birth is shown 17-7-36. Document W-3

is copy of application submitted by workman on 29-1-95

for correction of his date of birth. Documents W-5 was

application submitted by Secretary of the Union for

redressal of the grievances of the workman about his date

of birth. Document W-9 is service excerpts of one Bansi

loader. It is relevant for deciding controversy about date

of birth of workman. workman has not produced

documents of school leaving certificate or his date of birth

recorded in public record.

9. Management produced document M-1 bearing thump

impression of workman. date of birth of workman is

recorded 17-7-36 Copy of form B register document M-2

bears photograph of the workman. he admitted his thump

mark on said document, his date of birth is recorded

17-7-36. Genuiness of said document is not challenged.

Document M-3 is produced by management shows in 1982,

the objections were called from employees within 90 days

about their date of birth. Name of workman was appearing

at Sl.. No. 209. His date of birth is shown 17-7-36. Copy of

Form B register is enclosed with said document. The age

of workman is not mentioned in it. The evidence of workman

that at the time of his initial appointment, his age was

24 years is not supported by any document. In 1982, when

objections were called, workman has not adduced any

evidence why they have not submitted any objection at

that time. His date of birth 17-7-96 in document M-3

produced by management. When date of birth of workman

was shown 17-7-76 in Form B register and document M-3.

Workman has not produced documents like school leaving

certificate or any public document that his date of birth

was 2-1-43. workman has failed to establish his date of

birth as 2-1-43. His evidence is not sufficient to establish

that action of management retiring workman form service

considering his date of birth 17-7-36 is illegal. For absence

of cogent evidence, I record my finding in Point No.1 in

Affirmative.

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

(1) The action of the management of SECL in retiring

the workman Shri Bhanwar Sai, S.o Gulal, Ex-

Conveyou Khalasi w.e.f. 17-7-96 by treating his date

of birth as 1-7-36 instead of 2-1-43 is proper and

legal.

(2) Workman is not entitled to any relief.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 27 tqykbZ] 2015

dk-vk-1581-& vkS|ksfxd fookn vf/kfu;e 1947 ¼1947 dk

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

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

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

U;k;ky; vklulksy] ds iapkV lanHkZ la[;k 72@2005 dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 27@07@2015 dks izkIr gqvk FkkA

[la- ,y&22012@312@2004&vkbZ- vkj- ¼lh,e&II½]

jktsUnz flag] vuqHkkx vf/kdkjh

New Delhi, the 27th July, 2015

S.O. .1581.—In pursuance of Section 17 of the Industrial

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

hereby publishes their award Ref. No. 72/2005 of the Cent.

Govt. Indus. Tribunal-Cum-Labour Court ASANSOL as

shown in the Annexure, in the industrial dispute between

the management of Kalidaspur Project of M/s, ECL, and

their workmen, received by the Central Government

on 27/07/2015.

[No. L-22012/312/2004-IR(CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, ASANSOL

PRESENT: Shri Pramod Kumar Mishra,

Presiding Officer

REFERENCE NO. 72 OF 2005

PARTIES

:

The

management

of

Kalidaspur Project of M/s. ECL

Vs.

Sri Bishnu Bouri

REPRESENTATIVES:

For the management:

None

For the union (Workman):

None

INDUSTRY: COAL

State: West Bengal

Dated: 10.07.2015

AWARD

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

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

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

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vxLr 8] [email protected] 17] 1937

3325

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

312/2004-IR(CM-II) Dated 20.07.2005 has been pleased to

refer the following dispute for adjudication by this

Tribunal.

SCHEDULE

"Whether the action of the management of Kalidaspur

Project of M/s Eastern Coalfields Limited in

dismissing Sh. Bishnu Bouri is legal and justifed?

If not, to what relief the concerned workman is

entitled?"

Having received the order No. L-22012/312/2004-

IR(CM-II) dated 20.07.2005 of the above said reference

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

adjudication of the dispute, a reference case No. 72 of

2005 was registered on 17.08.2005 and accordingly an order

to that effect was passed to issue notices through the

registered post to the parties concerned directing them to

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

statements along with the relevant documents and a list

of witnesses in support of their claims. In pursuance of

the said order notices by the registered post were sent to

the parties concerned.

Case called out. Both the parties are absent.

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

written statement on 25.10.2005 but the management neither

appeared nor filed written statement so far. Union also

neither appearing nor taking any step from 17.04.2006.

Notice issued to the parties on 18.05.2009. Again notice

was issued on 30.12.2011 after giving 14 opportunities.

Then 5 dates were granted. Last notice was issued on

09.09.2014 and today is the 2nd date but none of the parties

turned up. It seems to me that the union is now at all not

interested to proceed with the case further. As such the

case is closed and accordingly a 'No Dispute Award' May

be passed.

ORDER

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

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

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

The reference is accordingly disposed of.

PRAMOD KUMAR MISHRA, Presiding Officer

ubZ fnYyh] 27 tqykbZ] 2015

dk-vk-1582-&vkS|ksfxd fookn vf/kfu;e 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ,lbZlh,y ds izcaèra=

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

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tcyiqj ds iapkV lanHkZ ¼la[;k 34@2005½ dks izdkf'kr djrh gS tks

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New Delhi, the 27th July, 2015

S.O. 1582.— In pursuance of Section 17 of the

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

Government hereby publishes their award (Ref. No. 34/05)

of the Cent. Govt. Indus. Tribunal-Cum-Labour Court

Jabalpur as shown in the Annexure, in the industrial dispute

between the Management of South Eastern Coalfields

Limited, and their workmen, received by the Central

Government on 27/07/2015.

[No. L-22012/121/2004-IR(CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR

COURT, JABALPUR

No. CGIT/LC/R/34/05

The President,

Samyukta Koyla Mazdoor Sangh (AITUC),

C/o Sanjay Mishra, Telephone Exchange,

PO Kotma Coliery,

Distt. Annuppur

...Workman/Union

Versus

Sub Area Manager,

Kotma Govinda Sub Area,

SECL, PO Kotma,

Distt. Annuppur

...Management

AWARD

Passed on this 29th day of June 2015

1. As per letter dated 13-5-05 by the Government of

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

received. The reference is made to this tribunal under

Section-10 of I.D.Act, 1947 as per Notification No.L-22012/

121/2004-IR(CM-II). The dispute under reference relates

to:

3326

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVANA 17, 1937

[PART II—SEC. 3 (ii)]

"Whether the action of the management of Kotma/

Govinda Sub Area of SECL in not regularizing Shri

Suresh Kumar Yadav S/o Shri Khemraj Yadav in the

post of Tech. Lineman Helper, Category-II is legal

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

entitled?"

2. After receiving reference, notices were issued to the

parties. Ist party workman submitted statement of claim at

Page 7/1 to 7/3. Case of workman is that he was initially

appointed as General Mazdoor in SECL on 18-11-91. He

was employed as Electrial Helper Cat-II from 16.1.96. He

was directed to report for duty to Suptd. Engineer Kotma

colliery. Workman continuously worked as Electrical Helper

Cat- II since 16-1-96. He was not paid difference of wages

admissible for the post of Electrical Helper Cat-II. The

settlement was arrived between workman and management.

he was paid difference of wages from 96 to 98. Management

stopped paying difference of wages though he was

employed as Electrical Helper Cat-II. From 20-4-02,

workman was directed to perform duties as Telephone Line

Helper Cat-II in Kotma colliery. Workman was continuously

working I said capacity. His request for regularization and

payment of difference of wages was not accepted by

management. It is reiterated that he was continuously

working more than 190 days underground and 240 days

surface duty on said post. He is entitled for regularization

on said post. He also claims entitled for difference of wages.

After continuous working for 3 days, workman was entitled

for promotion to the post of Lineman Cat- IV and after

completion of 3 years working on said post, he claims to

be entitled to Sr. Line man Technical Grade B. accordingly

workman is praying for regularization on the post of

Cat-II from 1996 and Cat- IV from the year 1992 Sr.Lineman

Grade B, Lineman Technical Grade B from 2002.

3. Management filed Written Statement at page 8/1 to

8/5 opposing claim of the workman. preliminary objection

is raised that workman is claiming promotion from 16-1-96.

The dispute is raised near 2005 is highly belated is no

tenable. The terms and conditions of employees in SECL

are covered by settlement under NCWA. The settlement

provide promotional channel as per cadre scheme. The

cadre scheme for ministerial staff are given in Appendix

VIII-I circulated on 8-7-84. The promotion cannot be

claimed as right, it is managerial function. workman was

initially appointed as General Mazdoor Category I, he is

still working in same category. Workman was never

appointed as Telephone Line Helper CAT-II. It is reiterated

that for purpose of granting promotion, DPC is constituted

for considering eligibility of candidates. Only on

recommendation of DPC, promotion are given to eligible

candidates. Working of workman as Telephone Lineman

Helper Cat-II doesnot give him right to the promotional

post. At the time conciliation, there was settlement between

workman and management. The difference of wages of

higher post were paid. Union agreed to withdraw demand

for regularization. Workman is trying to take undue

advantage to letters issued to him. The officers who issued

letters have no authority to issue such letters. The letters

were issued without approval of the Competent Authority.

The workman cannot be allowed promotion violating the

provisions of cadre scheme as it will create industrial unrest.

Management cannot discriminate among its employees

Management has no authority to take away right of other

employees waiting chance for their promotions as per cadre

scheme. Workman is not entitled to promotions/

regularization of the post claimed by him.

4. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

(i)

Whether the action of the

In Affirmative

management of Kotma/

Govinda Sub Area of SECL

in not regularizing Shri

Suresh Kumar Yadav S/o

Shri Khemraj Yadav in the

post of Tech. Lineman

Helper, Category-II is legal

and justified?

(ii)

If not, what relief the

Workman is not

workman is entitled to ?"

entitled to any

relief

REASONS

5. Workman is claiming regularization to the post of

lineman helper Category-II. However he failed to participate

in reference proceeding. Workman has not adduced

evidence in support of his claim. His evidence is closed

on 23.10.2013. The document produced by workman and

admitted by management Exhibit W-1 is officer order dated

16.1.96 workman was directed to report for further duties

to suptd. Engineer Kotma colliery, W-2 is letter issued by

Dy. Regional Manager, Kotma Mines. Workman was

working on post of General Mazdoor as per settlement

with the management. Difference of wages of higher post

are paid for 96 to 98. Exhibit W-3 is copy of settlement

relating to payment of difference of wages. To working

days are shown in it. Exhibit W-4 is copy of order dated

20.4.02. Exhibit W-5 is forwarding letter for approval to

regularization of the workman submitted by Sub Area

Manager, Kotma Mines.

6. Management has produced cadre scheme.

Management filed affidavit of witness Shri R.K. Sharma

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vxLr 8] [email protected] 17] 1937

3327

supporting his contentions. His evidence remained

unchallenged. Workman has failed to adduce evidence.

Therefore claim of workman for regularization is not

supported by evidence. The action of the management

cannot be said illegal. For above reasons, I record my

finding in Point No. 1 in Affirmative.

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

(1) The action of the management of Kotma/Govinda

Sub-Area of SECL in not regularizing Shri Suresh

Kumar Yadav S/o Shri Khemraj yadav in the post of

Tech. Lineman Helper, Category-II is proper and

legal.

(2) Workman is not entitled to any relief.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 27 tqykbZ] 2015

dk-vk-1583-&vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

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

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

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

U;k;ky; tcyiqj ds iapkV ¼lanHkZ la[;k 80@2004½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 27@07@2015 dks izkIr gqvk FkkA

[la- ,y&22012@308@2003&vkbZ-vkj- ¼lh,e&II½]

jktsUnz ¯lg] vuqHkkx vf/kdkjh

New Delhi, the 27th July, 2015

S.O. 1583.— In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No.80/04) of the Cent.

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

shown in the Annexure, in the industrial dispute between

the management of Food Corporation of India, and their

workmen, received by the Central Government on

27/07/2015.

[No.L-22012/308/2003-IR (CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/80/04

Shri Brij Lal S/o Shri Madar Das,

R/o Kabir Nagar, Basna,

Distt. Mahasamund

Chhattisgarh.

...Workman

Versus

District Manager,

Food Corporation of India,

Madina Manzil,

Kutchery Chowk,

Raipur (C.G).

Regional Manager

FCI. Telibandha,

Near Ring Road,

Raipur (CG)

...Management

AWARD

Passed on this 18th day of June, 2015

1. As per letter dated 30.6.2004 by the Government of

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

received. The reference is made to this Tribunal under

Section-10 of I.D. Act, 1947 as per Notification No. L-22012/

308/2003-IR (CM-II). The dispute under reference relates

to:

“Whether the punishment of removal from services

awarded to Shri Brij Lal Das, Assistant Grade-II

vide Order No. V & S/4(23) RYP/96-Vol. IV dated

7.3.2001 by the Disciplinary Authority/Sr. Regional

Manager, Food Corporation of India, Bhopal is legal

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

entitled?”

2. After receiving reference, notices were issued to the

parties. Workman submitted statement of claim at Page 5/1

to 5/9. Case of Workman is that he was initially appointed

as Assistant Grade III by FCI in 1973. Considering his

excellent work, he was promoted as Assistant Gr. II in 1992.

He worked at different depots. He put about 21 years

service in one depot at Basna. His service record was

excellent, any punishment was not imposed against him.

Sr. Regional Manager has power to take building on rent

for godown purpose. For purpose of obtaining the

godown, the Senior Regional Manager and his associates

inspect the building and it found fit, necessary agreement

is executed between the owner and the management of

3328

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVANA 17, 1937

[PART II—SEC. 3 (ii)]

FCI. The building used for godown is owned by Tanwani

Trading Co. was taken for godown for the FCI, the

agreement was executed. There were 5 numbers of

godowns with Kalinga Traders. All the godowns were in

poor condition. The Godown No. 3 has only one wooden

door and another entrance covered only half tin and half

with wire mesh. Godown No. 4 had only two entrance

without doors. One gate was found opening in the mid

and another outside. FCI management did not provide

any watch and guard on those godowns. During the

relevant period, Shri P.S. Rajputh was holding post of

Assistant Manager. He was overall in-charge of the

godown. Shri K.K. Thakur T.A. Grade I, M.V. Rao TA Grade I

(Purchase), and others were working in shifts. Grains are

received by Depot In-charge and TA (Putchase), entries

were made by them in relevant record. Goods were stacked

in godown. Physical verification was done time to time

and no shortage of food grain was found. Physical

Verification Committee of Zonal Office, Bombay on

verification did not found any shortage. It is further

submitted that the weighment is godown at the time of

acceptance and storageof rice bags were done by AG-III.

Many times Shri Rao TA (Purchase) used to get the wage

check memos prepared by millers themselves and bring to

workman in depot office for his signature. Workman being

along couldnot supervise operations at all godowns in

person. He relied Mr. Rao.

3. M/s. Kalinga Traders has taken mill on lease basis

wanted to leave the place, its intimation was given to District

Office, Raipur. Between 16.11.94 to 29.4.95, the preservation

was assigned to Shri K.K. Thakur TA Grade I. Shri Ramji

Sharma Asstt. Manager who Joined Basna on 15.12.95 was

assigned work job of supervision of procurement under

levy at Basna. Workman further submits that it was decided

to vacate the godown for shifting to the godown owned by

FCI. During course of shifting the stacks, shortage of food

grain was noticed. However no action was taken to find out

the shortage of foodgrains. The charge-sheet was issued

to him was replied. Workman has pleaded that Shri T.R.

Palaha was appointed as Enquiry Officer. Without his

consent, Shri D.R. Dharmik was appointed as Enquiry Officer.

It is pleaded that enquiry was only paper work. He was not

given opportunity of defence. Principles of natural justice

were not followed. Enquiry Officer did not conduct enquiry

fairly allowing proper opprtunity for his defence. Defence

Assistant was not allowed. It is reiterated that material

documents were not supplied to him. Enquiry was not

conducted properly. The findings of Enquiry Officer are

perverse. Punishment of dismissal imposed on him is illegal.

On such ground, workman prays for his reinstatement with

consequential benefits.

4. IInd party filed Written Statement at page 6/1 to 6/15

opposing claim of the workman. IInd party has pleaded

that workman was initially appointed in 1973. He was

promoted as Assistant Grade II in 1992. Workman was

posted as depot in-charge at Basna Depot in 1994-95.

Workman committed gross misconduct accepting short

number of bags and while accepting the delivery of levy

rice from various millers traders in connivance with Shri

M.V. Rao TA Grade I and stored in Katangi godown to

give undue benefits to the parties for his personal gains

and committed various irregularities. He was found

responsible for shortage of 1592 bags rice causing loss of

Rs. 10,00,000/- to FCI, It is reiterated that in connivance

with Shri Rao, less weighed bags were accepted which

resulted in abnormal storage losses. That FCI suffered

loss of Rs. 10,03,099.94 charge sheet was issued to workman

on 6.8.98 as per Regulation 58 of FCI (Staff) Regulations

1971. Workman submitted reply to charge sheet on 6.8.98.

Shri N.K. Kesharwani was appointed as Presenting Officer

and Shri B.R. Dharmik as Enquiry Officer. Enquiry was

conducted giving opportunity for his defence. Enquiry

officer submitted his report on 14.9.00 holding charges

against workman proved. Enquiry was properly conducted.

Considering report of Enquiry Officer, punishment of

removal was imposed against workman. The appeal

preferred by workman was dismissed on 29.11.01. The

contentions of workman about enquiry conducted illegally

by Enquiry Officer are denied. That only after proper

inspection conducted in presence of workman on his

consent, written proposal for godown hired by FCI were

accepted. Workman was supposed to pointout

discrepancies in the godown in his possession. Workman

was responsible for maintanance of stock accounts and

proper preservation of food rains. It is denied that the

stock were received by TA Grade I, AG III.Workman was

custodian, in-charge of food grains. Workman was

responsible for storing stock in systematic manner leaving

proper space for variation and to take proper treatment.

The reported shortage of food grains has been inspected

and disciplinary proceedings as per provisions of FCI

Regulations 1971 was initiated. Workman was given

proper opportunity for his defence. Whole enquiry was

conducted as per rules. Violation of principles of natural

justice is denied. The contentions of workman that he was

assured by the higher officers that he would be let off

after completion of the formalities of the enquiry is denied.

In Para 30 of the written statement, IInd party has given

the details of the Enquiry Proceedings allowing

opportunity for defence to the workman. It is reiterated

that shortage of 1237 bags of P.B. Common Rice 275+80

bags of P.B. Fine Rice in the godown was suffered. That

the punishment of dismissal is proper. IInd party submits

that claim of workman is not justified.

As per order dated 5.3.2012, enquiry conducted against

workman is found proper and legal.

6. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vxLr 8] [email protected] 17] 1937

3329

My findings are recorded against each of them for the

reasons as below:—

(i)

Whether the charges alleged

In Affirmative

against workman is proved

from evidence in Enquiry

proceedings?

(ii)

Whether the punishment of

In Affirmative

removal imposed against

workman is proper and legal?

(ii)

If not, what relief the

Workman is not

workman is entitled to?"

entitled to any

relief

REASONS

7. As stated above, enquiry conducted against

workman is found legal and proper, question remains for

decision is as to whether charges alleged against

workman are proved from evidence in Enquiry

Proceedings. Wherther punishment of removal imposed

against workman is proper and legal. Ist point needs to

be decided considering evidence in Enquiry Proceedings.

Exhibit M-1 produced by IInd party is memorandum/

articles of charges. The charges against workman relates

to accepting 291 bags of husk, dust and dirt instead of

sound rice causing loss of Rs. 1,84,503.11. Article No. 2

relates to accepting less number of bags of rice as

mentioned in records at the time of delivery of rice stock

resulting in shortage of 1595 bags rice causing loss of

Rs. 10,03,099.94. Article No. 3 relates to workman in

connivance with Shri M.V. Rao TA-I accepted less weight

bags as recorded in booked of account resulting to loss

to the tune of Rs. 3,18,614.55. Article No. 4 relates to

while working at Basna depot during 94-95 failed to

supervise the stacking operations at the time of

acceptance of delivery when stacking was made at

Kalangi godownre resulting wherein no timely technical

treatment was provided etc. Article No. 5 is during 1994-

95, workman failed to report factual position/condition

about hiring of all the Kalangi godowns in view of

security and storage worthy before hiring at Basna as

per FCI norms. Management's witness Shri R.G. Tailor

Dy. Manager in his evidence has stated that Exhibit P-

1 which is report of investigation about misappropriation

of rice stocks at Kalinga Rice Mill Premises godowns,

Basna and planting of bags filled with husk, dust and

dirt in godown No. 1 of Kalinga Rice Mill, Basna. The

report was signed by him on 12.7.96 and its enclosures

bears his signature. The report relates to shortage of

1237 full bags rice and PB Fine numbering 275 bags.

During investigation, 291 bags filled with husk, dust,

dirt was found in stack No. 1/5 & 1/6 in Kalinga godown.

Rice in 5 godowns in Kalinga godown were not found

according to the declaration given by workman, depot

in-charge. Exhibit P-5 was letter of workman addressed

to police incharge about shifting of 80 bags rice noticed

on 27.3.96. In his cross-examination, management's

witness says that godown were hired by Depot In-

charge, Basna as per hiring proposals forms and handing

and taking over forms. Copies of undertakings which

are part of proposal forms for hiring the godown refers

to certain condition of FCI. In his further cross-

examination, 291 bags filled with husk. Dust etc is part

and parcel of the food grain stocks held in the Kalinga

godown premises. 291 bags filled with husk etc were

found physically in godowns but at the time of arriving

net shortage of full bag rice these were not taken into

account and net shortages of full bags rice in total

1512. 1512 shortage of 80 bags rice were attributed by

the in-charge to a theft case for which FIR was lodged.

In the evidence of management's witness, workman was

depot in-charge was not challenged. Management's

witness Shri Ramji Sharma in his evidence says that

when he joined Basna depot, the position of Kalinga

godown was absolutely packed without leaving any

alleays and the stacks was touching roof of godown.

It was only the door which could possibly be opened

for entry in the godowns. At the time of dispatch from

the packed godown the bags filled with husk, dust etc

were noticed from stack No. 1/5, 1/6. After his joining

the matter was reported to District Manager, Raipur. His

further evidence is devoted about inspection of godown

by Shri G.P. Tiwari on 11.1.1996 with great difficulty both

officer could enter the godown and observe that the

godown with full of stocks and infested with heavy

Khapra and advised to the OC staff of the depot. His

further evidence is devoted on the point that on 310-6-

96, stocks were removed from godown for Mandirhasud.

Workman noticed the bag filled with husk. He reported

said incident to Shri Ramji Sharma. The despatches were

suspended and immediately the matter was reported to

the DO, Raipur by Shri Ramji Sharma. In his cross-

examination, above witness of management says that his

statement was recorded by Inspection Officer. He denies

that his statement was recorded under pressure. That

during the period Zonal PV squad conducted the PV, he

was on leave from 16.12.95. He received message that

his father at native place was hospitalized. He was posted

at Basna. He was also directed to look after depot at

Sarai and Basna.

8. The evidence of management's witness Shri P.S.

Rajput is on the point during course of his inspection,

it was found that there was no alleyways left while

stacking. At that time Shri M.V. Rao, TA-I was posted

at Kalinga Rice Mill Godown premises, Basna. He was

assigned duty of procurement of rice at Basna. In his

cross-examination, he says there was no official order

to look adter the work of AM(OC). However District

Manager has verbally given orders to look after work

of AM(D) in addition to AM(OC). In his statement,

3330

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVANA 17, 1937

[PART II—SEC. 3 (ii)]

management's witness Shri R.L. Tiwari says that against

storage capacity, godown hired from Private party i.e. 6200

MTs, the storage of food grains was at this centre 9395

MTs up to 7.3.95. Management's witness Shri D.R. Thakur

AG-III in his evidence says that he was assigned duty of

payment of stocks received in the department. He never

signed the cheque memorandum. Rice stocks being received

at the depot were machine stitched doubled line bearing

marking of 95 kg net. The check memo bears the signature

of Shri B.L. Das and others including representative of

contractor. His evidence is not shattered in his cross-

examination. Management's witness also examined witness

Shri P.B. Pandey, Vijendra Singh, A.K. Pachori. Learned

counsel for workman Shri A.K. Shashi did not pointout

evidence of any of the management's witness during course

of his argument including the evidence of defence

witnesses in support of his argument that charges alleged

against workman could not be proved from evidence in

Enquiry Proceedings. The evidence on record discussed

above supports contentions of management w.r.t. the

charges alleged against workman. in Enquiry Proceedings.

That burden of proof is not as required as in criminal cases,

charges should be proved beyond reasonable doubt. The

notes of argument submitted by learned counsel for IInd

party Shri S. Pandey supporting the charges against

workman are proved from evidence in Enquiry Proceedings.

The findings of Enquiry Officer are supported by evidence.

It cannot be said that findings of Enquiry Officer are not

supported by any evidence. Therefore I donot find

substance in the argument advanced by Shri A.K. Shashi.

For above reasons, I record my finding in Point No.1 in

Affirmative.

9. Point No.2 In view of my finding in Point No.1

charges alleged against workman are proved, question

remains to be considered is whether punishment of removal

against workman is proper and legal. The charges alleged

against workman relate to shortage of huge quantity of

rice of various categories causing loss more than Rs.10

lakhs. Ist party was incharge of godown at Basna depot is

not shattered in cross-examination of any of the witnesses.

Charges proved against workman are of serious nature.

The punishment of removal imposed against workman

appears justified. no interference in the matter of

punishment would be justified. For above reasons, I record

my finding in Point No. 2 in Affirmative.

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

(1) The punishment of removal from services

awarded to Shri Brij Lal Das, Assistant Grade-II

by the management of Food Corporation of India,

Bhopal is legal and proper.

(2) Workman is not entitled to any relief.

(3) Parties to bear their respective costs.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 29 tqykbZ] 2015

dkñvkñ 1584-& vkS|ksfxd fookn vfèfu;e 1947 ¼1947 dk

14½ dh èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj cSad vkWQ bafM;k ds

izcaèra= ds lac) fu;kstdksa vkSj muds deZdkjks ds chp vuqcaè esa

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

U;k;ky; tcyiqj ds iapkV ¼lanHkZ la-60@09½dks izdkf'kr djrh gS]

tks dsUnzh; ljdkj dks 29-07-2015 dks izkIr gqvk FkkA

[lañ ,y&12011@13@2009&vkbZ vkj ¼ch&II)]

jfo dqekj] MsLd vfèdkjh

New Delhi, the 29th July, 2015

S.O.1584.—In pursuance of Section 17 of the

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

Government here by publishes the Award (Ref. 60/09) of

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

as shown in the Annexure, in the industrial dispute between

the management of Bank of India and their workman,

received by the Central Government on 29/07/2015.

[No. L-12011/13/2009-IR(B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO.CGIT/LC/R/60/09

General Secretary,

Prathadith Karamchari Kalyan Manch,

F-1, Tripti Vihar,

Opp Engineering College,

Ujjain

.....Workman/Union

Versus

Branch Manager,

Bank of India,

Shujalpur Mandi Branch,

Distt. Shujalpur (MP)

.....Management

AWARD

Passed on this 3rd day of July, 2015

1. As per letter dated 29.4.2009 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/

13/2009-IR(B-II). The dispute under reference relates to:

"Whether Shri Tejprakash Choudhary is entitled for

payment of difference of wages from 1-1-86 to

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vxLr 8] [email protected] 17] 1937

3331

1-12-98 as per Bipartite Settlement? To what relief he

is entitled to get?"

2. After receiving reference, notices were issued to the

parties. Workman submitted statement of claim through

General Secretary of Union. The case of Ist party Union is

that workman Shri Tej Prakash Choudhary was engaged as

peon in Sujalpur branch from 1-6-86 by Branch Manager

Shri Mani. He was working more than 8 hours in a day. He

worked more than 240 days continuously in the year.

Workman was initially paid wages Rs.30 per day. The wages

were increased to Rs.60, 70, 80, 90, 100, 110 & 120 per day.

Workman challenged his termination for violation of Section

25-F of ID Act in R/308/02. Said reference is pending.

Workman submits that he was continuously working from

1-6-86 to 1-12-98. He was paid scale wages as per Bipartite

Settlements. As per Bipartite settlement No. IV dated

17-9-84, the pay scale of substaff was increased from Rs.430

to 790, in 5th settlement dated 10-4-89 pay was increased

from Rs.815 to 1510, in 6th settlement dated 14-2-95 pay

was increased from Rs. 1600 to 3020, in 7th settlement dated

27-3-00 pay was increased from Rs.2750 to 5850 & in 8 th

settlement dated 2-6-05 pay was increased from Rs.4060 to

7560. Those settlements were implemented from

1-11-82, 1-11-87, 1-11-92, 1-11-97 & 1-11-02 respectively.

Workman submits that he possess eligibility for scale

wages of subordinate staff. The peon working on daily

wages in State Bank of India, Bank of Maharashtra get

arrear as per scale wages. Workman submits that on

1-6-86 to 1-12-98, he was working under different Branch

Managers Shri Mani, Nazmi, Saraiya, Gurnani, Somani, Arora

and Jain. It is reiterated that the workman is entitled for

arrears as per pay scale fixed in IVth to VIIIth Bipartite

settlement.

3. IInd party submitted Written Statement opposing

claim of the workman 2nd party submits that R/308/99 was

fixed for hearing on 20-10-08, the next date was fixed

19-4-2011 for cross-examination of workman. Meantime

workman raised present dispute claiming difference of

wages. Workman was never appointed in any cadre by the

Bank. He is not workman defined under ID Act. No industrial

dispute exists between management and workman.

Management has recruitment rules for appointment of staff.

Any appointment without following recruitment rules is

illegal. Workman was engaged as casual labour on daily

wages in leave vacancy of permanent staff. Workman have

never completed 240 days continuous service during any

of the year. Workman was paid his remuneration

comensurated to his work @ rate in locality. The pay scale

are given to the regular employees of the Bank. Pay scales

are not applicable to casual labours. Pay scales as per

bipartite settlement are not applicable to the labours

engaged on daily labours. All adverse contentions of

workman are denied. It is submitted that bipartite settlement

are executed between Indian Bank Association and

representative of Union those settlements are applicable

only to the regular employees. It is denied that chapter 16

of Sastry Award deals with categorization of bank

employees. Workman was not appointed following

recruitment policy of the Bank. He is not entitled to

difference of wages. Representative of workman Shri Ram

Nagwanshi claims to be General Secretary. He is not

employee of the Bank, he is not competent to raise the

dispute.

4. Workman filed rejoinder reiterating its contentions

in statement of claim and documents are also produced.

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 Shri Tejprakash In Negative

Choudhary is entitled for

payment of difference of

wages from 1-1-86 to

1-12-98 as per Bipartite

Settlement?

(ii) If not, what relief the

Workman is not entitled

workman is entitled to?”

to any relief.

REASONS

6. The terms of reference relates to whether the

workman Tejprakash Choudhary is entitled for payment of

difference of wages as per Bipartite settlement.

Management has denied the claim on the ground that

workman was not appointed following recruitment rules.

He not completed 240 days continuous service. Workman

was engaged as casual labour during leave vacancy of

regular employee.

7. Workman filed affidavit of his evidence. However

representative of workman Shri R. Nagwanshi submitted

in writing that workman is not desiring to adduce oral

evidence. Workman has not appeared for his cross-

examination. Evidence of workman was closed on 11-8-

2014. Management also not adduced evidence though the

case was fixed for evidence of management on December

2014. As such it is clear that both parties have not adduced

evidence to substantiate their contentions. At the time of

hearing. Shri R. Nagwanshi Union representative drawn

my attention to pay scale revised in 4th to 7th bipartite

settlement pointing out documents produced by 1st party.

Workman has not adduced any evidence to prove those

documents. IInd party has not admitted the documents

about settlement No. 4 to 7 and the pay scales revised

therein. When workman has not appeared for his cross-

examination as he has failed to adduce evidence to prove

the documents produced by him, claim of workman is not

supported by any thread of evidence. When claim of

workman is denied and workman failed to adduce evidence

in support of claim or revised pay scale, the claim of workman

is not proved.

3332

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVANA 17, 1937

[PART II—SEC. 3 (ii)]

8. Learned counsel for IInd party Shri A.K. Shashi

relies on ratio held in

Case of Hindustan Petroleum Corporation Ltd versus

Ashok Ranghba Ambre reported in 2008(2) SCC 717. Their

Lordship held setting aside of illegal termination as violative

of Section 25 F does not necessarily follow that workman

is entitled to status of permanency and claim of regular pay

scales and other benefits based on permanency.

Next reliance is placed in case of Indian Drugs and

Pharmaceuticals Ltd. Versus their workmen reported in

2007(1) SCC408. In para-14 of the judgment their Lordship

observed the distinction between a temporary employee

and a permanent employee is well settled. Whereas a

permanent employee has a right to the post, a temporary

employee has no right to the post.

In para-15 of the judgment their Lordship observed

similarly no direction can be given that a daily wage

employee should be paid salary of a regular employee vide

state of Haryana versus Tilak Raj.

Ist party workman has not adduced evidence to

substantiate his claim. Its pleadings are clear that he was

not engaged following recruitment process therefore the

claim for scale wages as per settlement IV to VIII cannot be

upheld.

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

(1) The workman Shri Tejprakash Choudhary is not

entitled for payment of difference of wages from

1-1-86 to 1-12-98 as per Bipartite Settlement.

(2) Parties to bear their own costs.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 29 tqykbZ] 2015

dkñvkñ 1585-&vkS|ksfxd fookn vfèfu;e 1947 ¼1947 dk

14½ dh èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj cSad vkWQ bafM;k ds

izcaèra= ds lac) fu;kstdksa vkSj muds deZdkjks ds chp] vuqcaè esa

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

U;k;ky;] èuckn ds iapkV ¼lanHkZ la- 27@2010½ dks izdkf'kr djrh

gS tks dsUnzh; ljdkj dks 29-07-2015 dks izkIr gqvk FkkA

[lañ ,y&12012@01@2010&vkbZ vkj ¼ch&II)]

jfo dqekj] MsLd vfèdkjh

New Delhi, the 29th July, 2015

S.O. 1585.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 27/2010) of the

Cent. Govt. Indus. Tribunal-cum-Labour Court No 1,

Dhanbad as shown in the Annexure, in the industrial

dispute between the management of Bank of India and

their workman, received by the Central Government on

29/07/2015.

[No. L-12012/01/2010-IR(B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/S 10(1) (d) (2A)

of I.D. Act, 1947.

Reference No. 27 of 2010

Employer in relation to the management of

Bank of India, Ranchi

AND

Their Workman

PRESENT

Sri R.K. Saran, Presiding Officer

APPEARANCES :

For the Employers

: Sri D.K. Verma, Advocate.

For the Workman

: Sri D. Mukherjee, Rep

State

: Jharkhand

Industry

: Banking

Dated

: 16/7/2015

AWARD

By order No. L-12012/01/2010-IR(B-II), dated 10/3/2010,

the Central Govt. in the Ministry of Labour has, in exercise

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

Sub-section (2A) of Section 10 of the Industrial Disputes

Act, 1947, referred the following disputes for adjudication

to this Tribunal.

SCHEDULE

"Whether the action of the management of Bank of

India, Ranchi Zonal Office in compulsorily retiring Mr. Jib

Narayan Jha, Ex-Clerk-Cashier from service w.e.f. 14.11.2008

is legal and justified? What relief the workman is entitled?"

2. The case is received from the Ministry of Labour on

25.03.2010. After receipt of reference, both parties are

noticed. The Workman files their written statement on

06.05.2010. And the management files their written

statement-cum-rejoinder on 28.09.2011. Document of

management marked as M-1 to M-5.

3. During the pendency of this case the concerned

workman died and Smt. Pusp Lata Jha W/o deceased

workman is substituted.

4. The workman has been retired compulsory in the

capacity of cashier, he could not, accounted for a sum of

Rs. 81,000/- and on detection, he deposited the same.

5. The enquiry conducted. Workman took part. During

the enquiry, charges of misconduct is proved, and Rs. 81,000/-

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vxLr 8] [email protected] 17] 1937

3333

is returned by the workman concerned. During the enquiry,

concerned workman wrote a letter dated 17.01.2008 that he

admitted his charges and misconduct, marked in as Ext. M-1

Series and also says he will not repeat the same.

6. The domestic enquiry accepted by the workman as

fair and proper.

7. In bank where public money is dealt, any sorts of

misdemeanor is not tolerated. The bank management

however not imposed harshest punishment like dismissal.

He only allowed the workman to retire compulsorily with

all retirement benefits.

8. In the Opinion of this Tribunal that the action against

the workman is neither harsh not inhuman.

9. Considering the facts and circumstance of this case,

I hold that, the action of the management of Bank of India,

Ranchi, Zonal Office in compulsorily retiring Mr. Jib

Narayan Jha, Ex-Clerk-Cashier from service w.e.f. 14.11.2008

is justified. Hence he is not entitled to get any relief in this

reference.

This is my award.

R.K. SARAN, Presiding Officer

ubZ fnYyh] 29 tqykbZ] 2015

dkñvkñ 1586-&vkS|ksfxd fookn vf/kfu;e 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ;qdks cSad ds izcaèra=

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

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

tcyiqj ds iapkV ¼lanHkZ la- 125@99½ dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 29-07-2015 dks izkIr gqvk FkkA

[lañ ,y&12012@175@98&vkbZvkj ¼ch&II)]

jfo dqekj] MsLd vf/kdkjh

New Delhi, the 29th July, 2015

S.O.1586.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 125/99)

of the Cent. Govt. Indus. Tribunal-cum-Labour Court,

Jabalpur as shown in the Annexure, in the industrial dispute

between the management of UCO Bank and their workmen,

received by the Central Government on 29/07/2015.

[No. L-12012/175/98-IR (B-II)

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL CUM LABOUR COURT, JABALPUR

NO. CGIT/LC/R/125/99

Shri Dilip Kumar Sharma,

S/o Shri Ramchandra Sharma

R/o Village Ghinoda,

Tehsil Khachrod,

Distt. Ujjain (MP)

...Workman

Versus

Asstt. General Manager,

UCO Bank, Regional Office,

Arera Colony,

Bhopal.

...Management

AWARD

Passed on this 7th day of July, 2015

1. As per letter dated 23-3-99 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/

175/98-IR (B-II). The dispute under reference relates to:

“Whether the action of the management of UCO Bank

in terminating the services of Shri Dilip Kumar Sharma

w.e.f. 15-5-97 is justified? If not, what relief the

workman is entitled to?”

2. After receiving reference, notices were issued to the

parties. Ist party workman submitted statement of claim

through General Secretary of Union at page 2/1 to 2/5.

Case of Ist party workman is Branch Manager engaged Ist

party workman for sweeping, cleaning work on 25-10-89.

Workman was paid wages Rs. 18/- per day. The wages

were increased to Rs. 25, 65 per day by the subsequent

Branch Managers. Workman was doing cleaning, sweeping

work honestly. He was also doing work of peon. Separate

wages were paid for said work. Workman had requested

management for payment of bonus and permanent

appointment. Management without considering his

demands terminated his services from 10-5-97.

3. Workman submits that he completed more than

240 days continuous service. He is eligible for regular

appointment. Workman had completed continuous service

more than 7 years. His services were terminated without

issuing 3 months notice. Other labours engaged with him

are continued in service. IInd party has not followed

section 25-F of ID Act, Para 507, 524 of Sastry Award.

Award was not paid retrechment compensation. IInd party

not violated principles of first come last go and thereby

violated Section 25-G, N of ID Act. It is also alleged that

after termination of his service on 10-5-97, IInd party has

engaged other persons on daily wages. Workman was

not given opportunity of re-employment thereby IInd

party violated Section 25 H of ID Act. Workman was not

paid bonus under Section 8 of Payment of Bonus Act.

Union has raised complaint to ALC, Indore. After hearing

of the matter, bonus of Rs. 4541/- was paid by them on

13-3-99. The workman had complained that the bonus

due was Rs. 5353.35. He was paid less bonus of Rs. 812.35.

Thereafter said matter was pending for hearing. On such

contentions, workman is praying for his reinstatement

with consequential benefits.

3334

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVANA 17, 1937

[PART II—SEC. 3 (ii)]

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

opposing claim of the workman. Preliminary objection is

raised by IInd party. That General Secretary, Dainik Vetan

Bhogi Bank Karmachari Sangathan Union raised dispute is

not authorized as per the rules, therefore reference is not

tenable. That Bank has its recruitment rules. Manager has

no authority or power of appointment of regular employees.

Workman was engaged on daily wages as per exigencies.

No work no pay was followed. The wages for the working

days were paid to workman at local collector rate. Workman

was free to attend duties which were casual in nature.

Workman was doing job of contingent nature. He was not

engaged as cleaner, waterman in first half, remaining half

was not working against the vacant post. It is reiterated

that workman engaged for casual work as per exigencies. It

is denied that workman was terminated as he raised demand

of regularization and bonus. It is denied that workman was

working more than 240 days during each of the year.

Workman was not entitled for regularization of his service.

Violation of Section 25-F,G,H is denid by IInd party.

5. In additional submissions, IInd party submits that

for the low profitability and the manpower deployment in

the Bank not being optimal, the Government of India,

Financial Department and Reserve Bank of India have

imposed a complete ban on further recruitment of staff and

even replacement for retirements and resignations. The

Bank is forced to take policy decision to curtail staff for

avoiding the loss. The claim of workman for regularization

is not tenable.

6. Ist party workman filed rejoinder reiterating his

contentions in statement of claim.

7. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

“(i) Whether the action of

In negative

the management of UCO

Bank in terminating the

services of Shri Dilip Kumar

Sharma w.e.f. 15.5.97 is

justified?

(ii) If not, what relief the

As per final order.

workman is entitled to?”

REASONS

8. Workman is challenging termination of his service

for violation of Section 25-F,G.,H of ID Act. Claim of workman

is denied by management on the ground that workman was

engaged as casual labour. He not completed 240 days

continuous service during any of the year.

9. Workman filed affidavit of evidence supporting his

claim in statement of claim. In his affidavit of evidence,

workman says that he was engaged on daily wages by

Branch Manager from 25.10.89 on wages Rs. 80/- per day.

That he completed more than 240 days continuous service.

His services are terminated on 10.5.97 without notice,

retrenchment compensation is not paid to him. In his cross-

examination, workman says that he failed 10th standard.

He was appointed after death of regular peon Shri Khet

Singh. He admits that after death of Shri Khet Singh, his

son was engaged for 3 months, thereafter he was engaged

in the Bank. He was paid wages under debit voucher. In

1997, he was working at same place. His working days are

shown in documents about payment of bonus produced

on record. On 10.5.97, he was orally terminated. The order

of termination was not given to him, that as per the

payments made to him, he says he completed more than

240 days working. There is no denial by 2nd party in his

cross-examination of workman that workman had not

completed 240 day continuous service.

10. Management filed affidavit of evidence of witnesss

Shri Sagarmal Sanwaria supporting contentions of

management. That 1st party was not appointed against

regular vacancy on vacant post as per recruitment policy

of the Bank. Appointment letter was not issued to the

workman. Attendance Register/Muster roll was not

maintained. The engagement of workman was as per

urgency. That workman did not furnish authentic evidence

about his working from 25.10.89 to 12.5.97. Workman was

considered for empanelment as per circular dated 19.10.89.

Workman was not fulfilling criteria of employment, therefore

his services were discontinued. Management's witness in

his cross-examination says his affidavit is filed as per

record, workman did not worked under him. He heard about

workman working during emergency. Workman produced

documents about payment of bonus, exgratia. As workman

was not permanent employee, retrenchment notice was not

issued to him.

11. Management's witness Shri Pannalal filed affidavit

of his evidence. The witness states that workman was never

appointed against vacant post following recruitment policy

of the Bank. Muster roll was not maintained. Workman

was engaged during urgency as daily wage labour.

Workman had not completed 240 days continuous service

preceding year of his termination. As per policy of the

Bank, workman did not apply for absorption to the

management. He could not be considered for empanelment,

his name was not found in seniority list of daily wage

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vxLr 8] [email protected] 17] 1937

3335

workers. Non-engagement cannot be said dismissal or

retrenchment. In his cross-examination, management's

witness says he was not working in Ghinoda branch during

1989 to 1997. He claims ignorance about the documents

about payment of bonus. Workman had filed proceeding

before Competent Authority for bonus. Management's

witness admitted documents Exhibit W-1 and W-2.

However he denied the documents about chart of working

days. That Khet Singh working in Ghinoda branch had

died. Workman was not given appointment letter. His

attendance register was not maintained. Any documents

about working days of workman are not produced. That

he had discussed the matter related to workman with Retired

Branch Manager Kukraj Vora. Workman was not issued

termination notice. The witness claims ignorance payment

of retrenchment compensation to workman. Management

has not produced any documents about working days of

workman. Management's witness admitted document

Exhibit W-1, W-2 Exhibit W-1 relates to payment of bonus

of Rs. 4541 to workman on 13.3.99. W-2 payment of bonus

Rs. 7017 to workman on 4.4.99. Those documents

corroborate evidence of workman that amount of bonus

paid to him are incorrect. However the working days for

which the bonus was paid is not shown in W-1, W-2.

12. IInd party produced documents Exhibit M-1

related to empanelment and absorption of persons

engaged on daily wages. The terms of reference does not

pertain to regularization therefore discussion of those

rules for absorpition of daily wage employees is not

absolutely not necessary. Exhibit M-2 produced by 2nd

party is about prohibition of empanelment of casual

workers. Circular is issued dated 19.10.89. The evidence

of workman that his services were terminated from 25.10.97

is not challenged. Management has absolutely not

produced any documents about working days of

workman, payment of wages to him, management's

witnesses were not working in the branch at the relevant

time. Both management's witnesses have no personal

knowledge about the working of workman. The affidavit

of evidence prepared on the basis of documents in the

Bank, those documents are not produced by 2nd party.

On other hand, workman was paid bonus as per Exhibit

W-1, W-2, His evidence is corroborated about his working

in the Bank. However the working days for which bonus

is paid by Exhibit W-1, W-2 are not shown. Considering

the evidence adduced by both parties as witnesses of the

management have been no personal knowledge and

evidence of workman is corroborated by documents

Exhibit W-1, W-2, I find it proper to accept the evidence

of workman that he completed 240 days continuous service

preceding 12 months of his termination.

13. Learned counsel for 2nd party Shri Bhattacharjee

during course of argument submits that workman has not

discharged duty to prove more than 240 days during any

of the year. Mr. Bhattacharjee relies on ratio held in.

Case of Karur Vysya Bank Employees Union Bangalore

versus Presiding Officer, CGIT Bangalore reported in 1988

LAB.I.C. 1746. His Lordship of Karantaka High Court

dealing with Section 2-A of ID Act-termination of Bank

employee held services of person utilized intermittently to

do certain work which arose only on certain occasions.

Employment is of casaul nature and not connected with

work of Bank named Banking work connected therewith.

Failure of employee to prove that he worked for 240

continuous days in a year. Provisions of Section 25-F not

attracted.

In present case, as discussed above, evidence of

workman is supported by document Exhibit W-1, W-2.

Management's witness did not produced documents they

had seen before filing their affidavit. Therefore the ratio

held in the case cannot be applied to the case at hand. On

the point of ownus of proof, Shri Bhattacharjee relied on

ratio held in case of

Rang Forest Officers versus S.T. Handimani reported

in 2002-SCC(L&S) 367. Their Lordship held ownus and

manner of proof. Where workman claimed that he worked

for more than 240 days in a year preceding his termination

or discontinuation by the employer, it is for the claimant to

lead evidence. That workman's affidavit was not sufficient

evidence for that purpose.

In present case, evidence of workman is corroborated

by document W-1, W-2. 2nd party has not produced any

documents about working of the workman. Therefore the

ownus is discharged by workman. The burden of proof is

discharged. The ratio held in the case does not advance

the arguments by Shri Bhattarcharjee.

Reliance is also placed in Case of Surendranagar

district Panchayat versus Dahyabhai Amarsingh reported

in 2006 (SCC) (L&S) 38 on the point of calling adverse

inference was wrongly found. The scope of enquiry before

Labour Court was confined to only twelve months

preceding the date of termination to decide question of

continuation of service for purpose of Section 25-F of ID

Act.

In present case, though enquiry for violation of Section

25-F of ID Act is restricted to one year before termination,

management has not produced any documents about

working days. No reasons are given for the point. Therefore

the ratio held in the case support the argument advanced

by Shri Bhattacharjee. In the evidence discussed above

and the legal position, I find no reason to disbelieve

evidence of workman supported by document. The

evidence of management's witnesses having no personal

knowledge and not produced any documents cannot be

accepted. Workman was terminated without notice.

Retrenchment compensation was not paid to him. 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 Ist party is illegal for violation of

3336

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVANA 17, 1937

[PART II—SEC. 3 (ii)]

Section 25-F, G of ID Act, question remains for decision

whether workman is entitled for reinstatement with back

wages.

15. Shri Bhattacharjee relies on ratio held in Case of

Union of India and Others versus Bishamber Dutt reported

in 1997 SCC (L&S) 478. Their Lordship dealing with

entitlement for regularization. The appointment on regular

basis after selection according to rules held a condition

precedent. That persons appointed on part time employees

dehors the rules even though regularly working for a long

time are not entitled to regularization.

The terms of reference pertains to legality of

termination, regularization is not included in the reference

therefore ratio held in the above cited case cannot be

applied.

Reliance is also placed on ratio held between Secretary,

State of Karnataka versus Umadevi reported in 2006-

SCC(L&S) 753. Their Lordship dealing with casual Labour/

Temporary employee status and rights of unequal

bargaining power. Held such employees do not have any

right to regular or permanent public employment further

termporary, contractual, casual ad hoc or daily wage public

employment must be deemed to be accepted by the

employee concerned fully knowing the nature of it and the

consequences flowing from it.

Workman in his cross-examination says that he was

engaged on daily wages. He was not given appointment

letter. His pleading and evidence does not show that he

was appointed after following selection process. Workman

was working during period 1988 to 97 but his appointment

was not followed by selection process therefore the

workmen could not be granted reinstatement with

backwages.

16. Union Representative Shri R. Nagwanshi has

produced copy of Award in R/180/00, 105/03, 27/04 passed

by this Tribunal. Each case requires to be decided as per

evidence adduced by the parties. The award cannot be

treated as binding Precedent. The evidence in this case

shows that the workman was not appointed following

selection process. His termination is illegal for violation of

Section 25-F of ID Act. Considering the working period

from 1988 to 1997, compensation Rs. 2 Lakh would be

appropriate Accordingly, I record my finding in Point No. 2.

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

(1) The action of the management of UCO Bank in

terminating the services of Shri Dilip Kumar

Sharma w.e.f. 15.5.97 is not proper and 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] 29 tqykbZ] 2015

dkñvkñ 1587-& vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj iatkc uS'kuy cSad

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

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

U;k;ky;] p.MhxM+ ds iapkV ¼lanHkZ la- 159@2003½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 29-07-2015 dks izkIr gqvk FkkA

[lañ ,y&12012@66@2003&vkbZ vkj ¼ch&II)]

jfo dqekj]MsLd vf/kdkjh

New Delhi the 29th July, 2015

S.O. 1587.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 159/

2003) of the Cent. Govt. Indus. Tribunal-cum-Labour

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

industrial dispute between the management of Punjab

National Bank and their workmen, received by the Central

Government on 29/07/2015.

[No. L-12012/66/2003-IR(B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE SHRI SURENDRA PRAKASH SINGH,

PRESIDING OFFICER, CENTRAL GOVT.

INDUSTRIAL TRIBUNAL-CUM-LABOUR

COURT-I, CHANDIGARH

Case No. ID 159/2003. Reference No. L-12012/66/

2003-IR(B-II) dated 10.09.2003

Shri Anil Kumar Rally

R/o C/o Shri N.D. Rally

102/13, Sastri Nagar,

Near Octroi Post, Kullu (HP).

....Workman

Versus

1. The Regional Manager,

Punjab National Bank,

Jail Road, Mandi (HP).

....Respondent

APPEARANCE :

For theWorkman

: Shri P.K. Longia Advocate

For the Management

: Shri N.K. Zakhmi Advocate

AWARD

Passed on 14.07.2015

Government of India Ministry of Labour vide

Notification L-12012/66/2003-IR(B-II) dated 10.09.2003 has

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vxLr 8] [email protected] 17] 1937

3337

referred the following dispute to this Tribunal for

adjudication:

“Whether the action of the management of Punjab

National Bank giving compulsory retirement of

Sh. Anil Kumar Rally Ex-clerk-cum-Cashier from

service w.e.f. 1.3.99 is just and legal? If not, to what

relief the concerned workman is entitled to and from

which date?”

2. The workman filed claim statement in which he has

pleaded that he was issued charge sheet by the

management. He replied to the charge sheet but punishing

authority without considering the reply appointed an

Enquiry Officer. It is pleaded by the workman that enquiry

was not conducted in fair and proper manner and proved

the charges without appreciating the record. The Enquiry

Officer also did not give any finding regarding

responsibility for loss of record and not touched the crux

of the charges but gave his finding on surmises and

conjectures. It is also pleaded that during enquiry

proceedings, original recrod like ledger sheet was not

produced by the management despite the repeated request

by the workman. It is also pleaded that charge sheet is

also vague and there is no specific allegations against

the workman and charge sheet was not issued by the

disciplinary authority but by a senior manager who is

subordinate of the disciplinary authority. The Enquiry

Officer also not appreciated the statement of MW1 and

MW2 who were responsible to ensure the account but

the responsibility was shifted on the workman by the

Enquiry Officer. It is also pleaded that as per Ex. M8 there

is no entry of Rs. 10,000 on 15.06.95 and by no stretch of

imagination this charge could be proved. It is also pleaded

that there is no financial loss caused to the bank

management as the whole amount has been deposited

along with interest and the workman was having

unblemished record. It is prayed by the workman that

order dated 1.3.99 of compulsory retirement of workman

may be queshed and he may be reinstated in service with

continuity and full back wages.

3. The management filed reply. Preliminary objection

has been taken that disciplinary action against the

workman taken under the provisions of bipartite settlement

and punishment was imposed upon him is commensurate

with the gravity of the charges proved against the

workman in dully conducted departmental enquiry in

accordance with the principles of the natural justice and

do not warrant any interference. On merits it is pleaded

that fair and proper enquiry was held after framing the

following charges:—

"While working at BO: Kullu, you created the

following fictitious entries in your S/F A/C. No. S-48

and withdrew the amount on the dates given against

each entry:—

Sl. Entry created for

Amount

No. Rs. Between the dates

Withdrawn on

1. 2000/- (21.4.95 to 24.4.94)

24.4.95

2. 2000/- (4.5.95 to 9.9.95)

9.9.95

(While officiating as C/I

Evening Counter).

3. 1000/- (1.6.95 to 9.6.95)

4. 4000/-(22.6.95 to 26.6.95)

From the above facts it is clear that you defrauded the

bank for Rs. 9000. It has been established that you have

been tallying the balances fictitiously for the period from

4/95 to 9/95 in the Staff Ledger by altering the balances in

the balance book.

Further you also creatd fictitious entry of Rs. 7000 in

your OD A/C No. 2858 (Limit Rs. 95000 and withdraw the

amount on different dates.

Later you raised the limit fictitiously from 9500 to

Rs. 19500 by putting I before 9 on 07.06.1995 and created a

fictitious entry of Rs. 10,000 in your OD Account No. 2858.

“On 15.6.95 you again created a fictitious entry of

Rs. 10,000/- in the account and withdrew the amount. After

that you again raised the limit fictitiously from 19,000 to

49,000. On 3.7.95 you deposited Rs. 30,000/- in the account

and the remaining balance was adjusted on 7.7.95 from the

proceeds of your Anupam, FDR for Rs. 10,000.”

4. It is also pleaded by the management that if this

Tribunal comes to the conclusion that the enquiry is not

fair, then Bank may be allowed to adduce the evidence

before the Tribunal. On merits it is pleaded that Enquiry

Officer was rightly appointed by the punishing authority

and the enquiry was conducted in a fair and proper manner

adhering to the principles of the natural justice. The

workman was given punishment for his misconduct which

was fully proved during departmental enquiry. It is also

pleaded that charge sheet was rightly issued in terms of

provisions of P.D. circular No. 1012 dated 13.4.87. It is prayed

by the management that the claim of the workman being

devoid of merit may be rejected.

5. The workman filed replication reiterating the claim

made in the claim statement.

6. In evidence workman filed his affidavit. The

management also filed affidavits in evidence. The

management also placed on record documents from page 1

to 101 which consist of charge sheet, enquiry proceeding,

enquiry report and documents relating to the appointment

of Enquiry Officer.

7. My predecessor heard the arguments on fairness of

enquiry and vide order dated 27.10.2010 held as follows:—

"Accordingly, I am of the view that a fair, proper and

reasonable enquiry was conducted against the

3338

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVANA 17, 1937

[PART II—SEC. 3 (ii)]

workman and there has been no violation of any

rules of the principle of natural justice. As stated

earlier, that issue of perversity in decision making

has been raised by the workman. So workman and

the management both shall be at liberty to file/move/

adduce any evidence on the following issues:—

(1) Perversity in decision making by the Enquiry

Officer, disciplinary authority or the appellate

authority.

(2) On the quantum of punishment."

8. The parties were afforded opportunity of evidence

on the point 1 and 2 mentioned above. Workman in evidence

tendered his affidavit as Ex.W1. In rebuttal, the management

produced Shri T.R.Ranta Senior Manager PNB who

tendered his affidavit Ex. M1 in evidence.

9. The learned counsel for the workman also filed

written arguments.

10. I have heard the parties, gone through the evidence

and record and also the case laws relied upon by the

workman.

11. In written arguments, workman assailed the charge

sheet stating that charge sheet is vague and the workman

is not in a position to understand the charges. On merits

also workman submitted that the workman never committed

the alleged fraud. It is further submitted in written argument

that the passed record of the work and conduct of the

workman has not taken into consideration while awarding

punishment as there is no adverse remark/entry prior to

alleged incidents and the punishment is excessive and not

commensurate with the misconduct. On the other hand

learned counsel for the management submitted that this

Tribunal has already held the enquiry fair and proper and

now issue remains of perversity in decision making and on

quantum of punishment on which the workman failed to

point out any infirmity in the enquiry. The conclusion and

enquiry report based on the evidence and documents

produced during enquiry and the charges were fully proved

against the workman and the punishment imposed was

proportionate to the misconduct of the workman.

12. Workman in his evidence before this Tribunal

stated that he received the enquiry report for the comments.

He also stated that he never given any application to the

department for enhancing limit. The initial limit of OD

account was Rs. 10,000. He also admitted that as per bank

record he was having the OD limit of 9500 and against F.D.

it was Rs. 10,000. The workman though denied that he

fabricated the limit from 9500 to Rs. 19500 and furhter

fabricated to Rs. 49500. Through the Tribunal he replied

that account of OD was in his name having cutting.

Although he replied that the documents placed before him

not prepared and maintained by him. In this context the

Enquiry Office in his report found that workman Anil Rally

had tallied the balance of SF ledger No. 13 fictitiously and

this part of the charge was found proved. The Enquiry

Office further found that on ledger sheet the limit was

enhanced to Rs. 19500 from 7.6.95 yet it is not

understandable that how the passing officer has passed

the cheque for Rs. 400 on 20.3.95 allowing the availment up

to 18922. The Enquiry Office came to the conclusion that

limit was factitously increased from 9500 to 19500.

13. The learned counsel for the workman relied on

2002 LIC 880 Griffon Laboratories Vs. Maharastra Shramik

Sena, 1996 LIC 1178 BHEL Vs. Presiding Officer, Labour

Court UP at Merrut and another and 1996 (2) SCT 690 Punjab

State Co- operative Supply and Marketing Fed. Ltd. Vs.

Presiding Officer. I have gone through the case laws placed

on record by the learned counsel for the workman. The

facts and cirrcumstances of the case laws cited are quite

different from the facts and circumstances of the case in

hand. Therefore, the same are applicable.

14. From the record , it reveals that the workman was

supplied copy of report for comments. The workman was

given personal hearing which the workman availed and

appellate authority also provided personal hearing to the

workman which was duly availed by the workman and to

this effect nothing has been pointed out by the workman

in his evidencer or through documents.

15. The workman was charge sheeted for making

factitious entries enhancung. the OD limit of his account

several times and withdrawing the money from his enhanced

OD limits. This act of the workman is very serious in nature

and he was given the punishment of compulsory retirement

which is not disproportionate in the facts and

circumstances of the case.

16. In view of the discussion above , as the workman

failed to point out anything in the order passed by the

disciplinary authority, therefore, it is held that the action of

the management of Punjab National Bank giving

compulsory retirement to Sh.Anil Kumar Rally ex-clerk -

cum-Cashier from service w.e.f. 1-3-99 is just and legal and

workman is not entitled to any relief.

Chandigarh

14-7-2015

S.P. SINGH, Presiding Officer

ubZ fnYyh] 29 tqykbZ] 2015

dkñvkñ 1588-&vkS|ksfxd fookn vf/kfu;e 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ;wdks cSad ds izcaèra=

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

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

tcyiqj ds iapkV ¼lanHkZ la- 149@99½ dks izdkf'kr djrh gS tks

dsUnzh; ljdkj dks 29-07-2015 dks izkIr gqvk FkkA

[lañ ,y&12012@160@98&vkbZvkj ¼chñ&II)]

jfo dqekj] MsLd vf/kdkjh

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vxLr 8] [email protected] 17] 1937

3339

New Delhi, the 29th July, 2015

S.O. 1588.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 149/99)

of the Cent. Govt. Indus. Tribunal-cum-Labour Court,

Jabalpur as shown in the Annexure, in the industrial dispute

between the management of UCO Bank and and their

workmen, received by the Central Government on

29.07.2015.

[No. L-12012/160/98-IR(B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, JABALPUR

No. CGIT/LC/R/149/99

Shri Gopalkrishna Dave,

S/o Shri Amritlalji Dave,

R/o Urdupura,

Tehsil and Distt. Ujjain.

....Workman

Versus

Asstt. General Manager,

UCO Bank,

Regional Office, E-5,

Arera colony,

Bhopal

....Management

AWARD

Passed on this 7th day of July, 2015

1. As per letter dated 26-30/3/99 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-12012/160/98/IR(B-II). The dispute under reference

relates to:—

"Whether the action of the management of UCO Bank

in terminating the services of Shri Gopalkrishna Dave

w.e.f. 19-11-91 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

through General Secretary of Union at Page 4/1 to 4/7.

Case of Ist party is that the workman was interviewed by

Branch Manager on 1-8-87. After considering those

documents, he workman was appointed as peon on daily

wages Rs. 10/-. The workman was working in the Bank

from opening till closing of the Bank. He was working with

devotion. On 30-4-88, workman was called by Branch

Manager. He was informed that Management was impressed

by his devotion and working. He was transferred to Maksi

Road branch Ujjain on 2-5-88, workman was orally

transferred to Maksi Road branch. He was working

continuously in said branch. Muster roll was maintained,

he was signing on Attendance Register. His salary was

through Saving Account. He completed more than 240 days

continuous service. On 20-12-88, workman was called for

interview. After his interview, he was called by branch

manager. He demanded amount of Rs. 2000 for his posting.

Anyhow workman had arranged Rs. 1000 taking loan on

3% interest per month. Thereafter workman was not

regularised. Workman had spent about Rs. 3000, that he

completed 649 days from 1-8-87. His services were

terminated on 19-11-91 without notice, retrenchment

compensation was not paid to him. Workman submits that

when he raised dispute before ALC, Bhopal, 2nd party

contented that age of workman was less than 18 years

therefore he was discontinued. Workman further submits

that date of birth of other employee Shri S.N. Vyas was

6-5-69. He was appointed on 8-4-86 when his age was 16

years. Other employee Maharwal was of 17 years 1 month

at the time of his initial appointment on 2-5-86, he was

continued in Ujjain branch. Workman submits that he

worked more than 240 days, his termination is in violation

of Section 25-F of ID Act, para 507, para 524 of Desai Award.

2nd party also violated Section 25 G,H of ID Act. On such

ground, workman prays for his reinstatment with

backwages.

3. 2nd part filed Written Statement at page 6/1 to 6/6

opposing claim of the workman. Preliminary objection is

raised by 2nd party that no documents are produced by

Ist party authorizing to raise dispute. The reference is not

tenable. 2nd party denies appointment of Ist party. Ist party

workman was engaged as casual labour on daily wages as

per exigencies on 1-8-87. The contentions of workman about

transfer is denied. The pleadings are to mislead the court

for taking wrongful benefit. It is denied that workman has

taken charge of Maksi Road Branch of the Bank. Workman

was engaged as casual labour in daily wages as per

exigencies. No muster roll was maintained. The contents

w.r.t. forwarding application for interview are admitted. The

contentions of workman submitting applications for

regularizing are not disputed. Workman was found ineligible

as he was only of age of 17 years as on 1-8-87 i.e. date of

appointment. As per settlement dated 20-10-89 between

Union and management daily rated casual workers not

fulfilled consideration age. The date of birth of workman is

2-7-70. He was below normal age of 18 years.

4. 2nd party denies for knowledge about personal

dealing with other after his engagement are not admitted.

Workman was disengaged for want of emergent work. Claim

of workman is not tenable and deserves to be rejected. As

per policy of Bank, staff is curtailed to avoid the loss.

Regularization of other casual daily wage workers could

not be allowed. The judgment in Writ Petition No. 1339/98

by Hon'ble Apex court is submitted. The claim of workman

cannot be accepted.

3340

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVANA 17, 1937

[PART II—SEC. 3 (ii)]

5. Ist party workman filed rejoinder at Page 7/1 to 7/2

reiterating his contentions in statement of claim. It is

submitted that one Mr. L.S. Vyas was appointed on 8-4-86

was below 18 years. He is still working in the Bank.

6. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

“(i) Whether the action of

In Affirmative

the management of UCO

Bank in terminating the

services of Shri Gopalkrishna

Dave w.e.f. 19-11-91 is

justified?

(ii) If not, what relief the

Workman is not entitled

workman is entitled to?"

to any relief.

REASONS

7. Point No. 1 - workman is challenging termiantion of

his service for violation of Section 25-F, G, H of ID Act.

Workman has pleaded that other persons below 18 years

engaged in the Bank were continued. He had completed

649 days, he had completed more than 240 days continuous

service, his services were terminated without notice. In

support of his contentions, workman filed affidavit of his

evidence. In his affidavit of evidence, workman has stated

that he was engaged as permanent peon on 1-8-87, he was

paid Rs. 10 per day. On 2-5-88, he was transferred to Maksi

Road Branch. The wages were increased to Rs. 15,20,25,41

per day. He was paid bonus. Workman did not appear for

his cross-examination. Union Representative submitted

that he does not want to get witness cross-examined, his

evidence is closed. As per ordersheet dated 7-5-2012,

evidence of workman was not to be considered in the case.

As Ist party workman though filed affidavit of his evidence

in support of his claim, failed to appear for his cross-

examination, his evidence cannot be considered in the

matter.

8. Management filed affidavit of his Shri Arun Kumar

Supporting contentions in Written Statement filed by the

management. In his cross-examination, managment's

witness says during 1987-88, he was not working in the

branch Ujjain. He was also not working in Maksi Road

branch in 1980-81. His affidavit is prepared as per the record.

The documents which he had seen are not produced in the

case. He did not discuss the matter with Branch Managers

working at the relevant time. The witness of management

was unable to tell what procedure was followed before

engaging workman. His name was sponsored through

Employment Exchange. Workman was not interviewed.

Permission of Controlling Authority was not obtained

before engaging workman. Muster roll was not maintained.

Workman was paid from miscellaneous fumd. He claims

ignorance whether workman was paid salary through

Saving Account. However the management's witness has

admitted documents P-21, P-3, P-4. Those documents are

marked as marked Exhibit W-1, W-2, W-3/1 to 3/2. Document

P-3 shows 469 working days of Ist party workman during

12-10-86 to 11-10-89. The age of workman is shown 19 years.

Document P-4 is letter issued by Dy. Chief Officer calling

information about unauthorized engagement. Those

document do not clearly show working more than 240 days

by workman preceding 12 months of his termination.

Workman has not entered in witness box for his cross-

examination therefore his evidence cannot be considered.

Workman failed to establish that he was working more than

240 days preceding his termination. However the

management in its written statment has pleaded that the

age of Ist party workman was 17 years 29 days at the time

of his first engagement, he could not be absored in the

Bank.

9. Learned counsel for 2nd party Shri Bhattacharjee

relies on ratio held in —

Case of management of G.C. of BCCL versus their

workman. Their Lordship of the Apex court dealing

with regularization held disability of being under age

at the time of appointment held regularization based

on much appointment cannot be upheld.

Reliance is placed in case of Pankaj Gupta versus

State of J & K and others reported in 2004(9)SRJ 103.

Their Lordship held no person illegally appointed or

appointed without following procedure prescribed

under law should be continued in service.

In case of Karur Vyas Bank Employees Union versus

Presiding Officer, CGIT reported in 1988 LAB.I.C.

1746. Their Lordship considering Bank employees

services of persons utilized intermittently to do

certain work which arose only on certain occasions.

Employment is of casual nature and not connected

with work of Bank namely Banking work connected

therewith. Failure of employee to prove that he worked

for 240 continuous days in a year, provisions of

Section 25-F is not attracted.

In case of Surendranagar District Panchayat versus

Dahyabhai Amarsingh reported in 2006-SCC-(L&S)

38. Their Lordship dealing with Section 25-F, B, 2(oo)

& 2(s) of ID Act held the fact must be proved b

workman to claim protection under Section 25-F (i)

there exists relationship of employer and employee,

(ii) he is a workman under Section 2(s), (iii)

establishment in which he is employed is an industry

within meaning of the Act and (iv) he has put in not

less than one year of continuous service as defined

in Section 25-B under employer, if any one is missing

then Section 25-F will not be attracted.

In present case, workman has not appeared for his

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vxLr 8] [email protected] 17] 1937

3341

cross-examination as such his evidence cannot be

considered. Documents Exhibit W-1 to W-3 do not

show completion of 240 days continuous service

preceding year of his termination. The claim of

workman is not established.

10. Shri Bhattacharjee for 2nd party further relies on

ratio held in Case of Union of India and others versus

Bishamber Dutt reported in 1997 SCC (L&S) 478. Their

Lordship held persons appointed as part time employees

dehors the rules even though regularly working for a long

time are not entitled to regularization. I make it clear that

terms of reference does not include claim for regularization

therefore the ratio held in above case cannot be applied to

case at hand.

Next reliance is placed on ratio held in case of

Secretary, State of Karnataka and others versus

Umadevi and other reported in 2006 SCC-(L&S) 753.

Their Lordship observed merely because an

employee continued under cover of an order of the

court under litigious employment or had been

continued beyond the term of his appointment by

the State or its instrumentalities, he would not be

entitled to any right to be absorbed or made

permanent in service, merely on the strength of such

continuance, if the original appointment was not made

by following a due process of selection as envisaged

by the relevant rules.

Reliance is also placed in ratio held in case of

Secretary to Government School Education

Department Chennai versus R. Govindswamy and

others reported in 2014-2SCC(L&S) 108. Their

Lordship dealing with question of regularization of

part time sweeper working more than 10 years held

mere continuation of service by a temporary or adhoc

or daily wage employee under the cover of some

interim orders of the court, would not confer upon

him any right to be absorbed into service, as such

service would be litigious employment which has

been prescribed by the constitution bench.

The ratio held in the case cannot be applied to case

at hand as service of Ist party workman was not

protected. In above cited case, their Lordship also

considered ratio held in Umadevi's case 2006(4) SCC-1

quoting that even temporary adhoc or daily wage

service for a long number of years, let along service

for one or two years will not entitle such employee to

claim regularization if he his not working against a

sanctioned post.

As workman has not remained present for his cross-

examination, his evidence cannot be considered.

There is no cogent evidence that workman completed

240 days working preceding year of his termination.

Therefore protection of Section 25-F cannot be

allowed to the workman. Violation of Section 25-F is

not established. As workman failed to appear for

cross-examination, violation of Section 25-G, H of ID

Act is also not established. Therefore I record my

finding in Point No. 1 in Affirmative.

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

(1) The action of the management of UCO Bank in

terminating the services of Shri Gopalkrishna

Dave w.e.f. 19-11-91 is proper and legal.

(2) Workman is not entitled to any relief.

P.B. PATLE, Presiding Officer

ubZ fnYyh] 29] tqykbZ] 2015

dkñvkñ 1589-&vkS|ksfxd fookn vf/kfu;e 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj iatkc uS'kuy cSad

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

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

vf/kdj.k@Je U;k;ky;] tcyiqj ds iapkV ¼lanHkZ la- 71@02½ dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 29-07-2015 dks izkIr gqvk

FkkA

[lañ ,y&12012@14@2002&vkbZ vkj ¼ch&II)]

jfo dqekj] MsLd vf/kdkjh

New Delhi, the 29th July, 2015

S.O. 1589.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 71/02)

of the Cent. Govt. Indus. Tribunal-cum-Labour Court,

Jabalpur as shown in the Annexure, in the industrial dispute

between the management of Punjab National Bank and

their workmen, received by the Central Government

on 29/07/2015.

[No. L-12012/14/2002 - IR (B-II)]

RAVI KUMAR, Desk Officer.

ANNEXURE

BEFORE THE CENTRAL GOVERNMNET

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/71/02

Shri Rakesh Kumar Agarwal,

S/o Rameshchandra Agrawal,

422, Suresh Nagar, Thatipur,

Morar, Gwalior.

....Workman

Versus

Zonal Manager,

Punjab National Bank,

Zonal Office, Jawahar Bhawan,

Roshanpura,

Bhopal (MP)

....Management

3342

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVANA 17, 1937

[PART II—SEC. 3 (ii)]

AWARD

Passed on this 24th days of June 2015

1. As per letter dated 29-4-02 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-

12012/14/2002-IR (B-II). The dispute under reference relates

to:

''Whether the action of the management of Zonal

Manager, Punjab National Bank in ordering dismissal

of the service of Shri Rakesh Kumar Agarwal w.e.f.

16-6-2000 is justified? If not, what relief the workman

is entitled for?''

2. After receiving reference, notices were issued to the

parties, Workman submitted statement of claim at Page 2/1

to 2/3 Case of workman is that he was selected as peon on

probation as per letter dated 11-4-85. He joined duty on

16-4-85. Workman was promoted as Daftary on 19-9-91.

Chargesheet was issued to him on 19-2-99. Chargesheet

was not accommodated with list of documents, list of

witnesses, Workman has alleged that enquiry was not

properly conducted, principles of natural justice were

violated. Preliminary issue is decided as per order dated

29-10-2013. Enquiry conducted against workman was found

legal. Therefore the pleadings in statement of claim about

legality of enquiry are not required to be narrated in details.

The Enquiry Officer recorded his finding that charges

against workman were proved. Workman was dismissed

from serivce as per order dated 12-06-00. Workman had

challenged order of dismissal filing appeal. On 15-07-00,

his appeal was dismissed as per order dated 3-10-00.

Workman reiterated that the punishment of dismissal

imposed as per the enquiry conducted illegally is not legal.

Workman prays for setting aside order of dismissal and

reinstatement with consequential benefits.

3. Management filed Written Statement at Page 5/1 to

5/12 opposing claim of the workman. IInd party had denied

violation of bipartite settlement. It is not disputed that

workman was working as Daftary during relevant period.

However management submits that the performance and

conduct of workman was not satisfactory since beginning.

Workman was suspended on 11-07-96 for the misconduct

of abusing the Manager. Chargesheet was issued to

workman on 17-7-96. DE was conducted against workman

giving opportunity for his defence. Workman had assured

that he will not commit such acts in future and prayed for

mercy. Considering his appeal, punishment of dismissal

was modified to stoppage of six increments as per order

dated 7-3-98. The suspension of workman was revoked.

4. After revocation of workman, he had reported on

duty on 1-4-98. At that time workman was shouting against

Manager pointing out the letter issued by Regional office.

He was reistated after period of 2 years. It is also alleged

that workman uttered that he will report to duty at 11.30 AM

and would return back at 4.50 PM as he would attend his

duty from Gwalior. Branch Manager did not agree to all above

things. Workman insisted that Manager should give in

writing. Even on next day, workman refused to bring ledger,

carry cheque for payment to the cash cabin claiming that he

was not peon but was daftary. Complaint is received from a

cloth merchant that workman had committed theft of clothes

from his house on roadside, it is further alleged that workman

had submitted false report against Branch Manager.

Considering disorderly, improper, riotious and indecent

behaviour of the workman, he was suspended, chargesheet

was issued to him alleging misconduct of various nature

under different heads. That workman had misbehaved with

Branch Manager insulted Branch Manager Shri Awasthi

shouting, abusing, threatening the Branch Manager of

serious consequences. submitting false complaints Branch

Manager etc. It is alleged on 25-9-98, workman was found in

drunkenness condition while handing over letter to the

Branch Manager. Workman was accommodated with anti

social elements. Workman was threatening Branch Manager

Mr Sood. It is reiterated that after issuing chargesheet,

Enquiry Officer and Presenting Officer were appointed.

Enquiry was conducted on 1-5-99, 17-5-99, 6-6-99, 11-6-99,

25-6-99, 19-7-99, 17-8-99, 1-11-99, 9-12-99, 16-12-99, 7-1-00

and 14-1-00. It is submitted that workman was given

opportunity for his defence. After recording evidence,

Enquiry Officer submitted findings that charges against

workman are proved. Considering the findins of Enquiry

Officer, punishment is imposed after conducting enquiry is

legal. IInd party submits that workman had failed to participate

in Enquiry proceedings despite several opportunities given

to him. Management has also pleaded that enquiry is found

vitiated, management be given permission to prove

misconduct in court.

Workman submitted rejoinder at Page 11/1 to 11/2

reiterating his contentions in statement of claim. Workman

has further contented that the findings of Enquiry officer

are perverse. The enquiry was conducted without giving

opportunity for defence.

6. Considering pleadings on record and findings on

preliminary issue, 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 misconduct In Affirmative except

alleged against workman 8 (f), (h) & (i)

is proved from evidence

in Enquriy proceedings?

(ii) Whether the punishment In Negative

of dismissal imposed

against workman is proper

and legal?

(ii) If not, what relief the

As per final order.

workman is entitled to?''

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vxLr 8] [email protected] 17] 1937

3343

REASONS

7. As discussed above, the enquiry conducted against

workman is found legal, question remains for consideration

is whether the charges alleged against workman are proved

from evidence in Enquiry proceedings. The next question

would be whether punishment of dismissal imposed against

workman is proper. Ist point whether charges against

workman are proved needs to be decided from evidence in

Enquiry proceedings. Register of Enquiry Proceedings is

produced at Exhibit M-17. Management's witness examined

Shri R.C. Soni incharge cashier on 1-4-98, Management's

witness Shri R.C. Soni in his statement says on 1-4-98,

workman had gone to join duty after his reinstatement had

thrown the order on table of Manager, Manager told

workman that he had come at 11 AM. He would be allowed

to join duty on next day. Management's witness further

says that workman was claiming he had come at 5 PM on

31-3-98. It was last day of the financial year. The Bank was

opened till 9 to 10 PM. The Manager told workman that

there was no question of joining on that day. Workman

told Manager that every day he would attend Bank at 11.30

AM and will go by 5 PM. Manager do not agree to it. There

was differences between Manager and workman.

Management's witness further says on 2-4-98, Manager

was sitting in his chair, he had asked workman to take

ledger and withdrawal forms from counter of cashier to his

table, workman told Manager that he was Daftary and not

peon and would not take ledgers to him. The statement of

management's witness Shri Shukla corroborates evidence

of Shri Soni that workman was saying that he had come on

transfer, he was under suspension for 2 years. He should

be allowed to join duty otherwise Manager should give in

writing that he would attend duty from Gwalior, Shri Shukla

Management's witness in his further statement says that

workman had threatened Manager of serious

consequences. Workman told Manager that several gundas

were his friends. Management's witness further says that

on25-9-98 around 11.30 AM, workman was found under

intoxication, gundas were accompanying him, workman

and his associates have given abuses to the Manager. The

statement of Management's witnesses Mr. Soni, Shukla is

corroborated by other witnesses. That workman had

shouted against Manager. Workman had abused Manager

in the name of his mother, sister using indecent language.

Even after workman was pursued, he did not stop his abuses

and indecent behavior. Statement of management's witness

at page 19 of the Enquiry proceedings shows that workman

had told Manager that he was residing in rented house.

Workman was residing near to Manager's house and he

was causing harassment to his family members. The

evidence of management's witnesses discussed above is

about misbehavior by workman abusing, insulting,

threatening Manager and his family members coming under

intoxication. The charges against workman are complaint

received against workman about theft of clothes is not

substantiated by any kind of evidence. The merchant who

complained is not examined before Enquiry officer, any

such report is not produced on record. The evidence is not

clear to which police station, report was filed. The report

was found false by police is not established from the

evidence. Similarly the charged workman was in drunken

condition on 25-9-98, handing over letter, workman was

accompanying by associate elements. The evidence on

record does not disclose name of person accompanying

the workman, whether the incident was reported to police,

whether workman was examined by the Medical Officer

and found in drunken condition. No such evidence is

adduced by the management therefore Charge No. 8(f), (h)

& (i) alleged against workman cannot be proved from

evidence in Enquiry Proceedings. The findings of Enquiry

officer w.r.t. 8(f), (h) & (i) are not supported by evidence

and as such are perverse. Rest of the charges against

workman are proved from evidence in Enquiry Proceedings.

I record my finding in Point No. 1 in Negative.

8. Point No.2— in view of my finding in Point No.1

except charge No. 8(f), (h) & (i) , remaining charges proved

against workman.The document produced by management

Exhibit M-4 is order dated 7-3-98 is order of revocation of

suspension. The punishment of dismissal of workman was

modified to stoppage of six increments after considering

the apology submitted by workman. Said punishment was

imposed w.r.t. prior to incident. In present case, except

charge No. 8(f), (h) & (i), all other charges are proved against

workman. The charges proved against workman pertains

to workman disobeying to take register, withdrawal

vouchers from cashiers to table of Manager, abusing in

indecent language, threatening Branch Manager,

threatening family members of Branch Manager. The

service record of Ist party workman was not good as he was

imposed punishment of withholding six increments in the

past, the question remains for decision whether punishment

of dismissal imposed against workman is proper and legal?

The proved charges against workman are about his personal

behavior. Bank has not suffered any kind of loss.

9. Learned counsel for Ist party workman has placed

reliance on ratio held in case of

"Scooter India Limited Lucknow versus Labour Court,

Lucknow reported in AIR 1989-SC-149. Their

Lordship of the Apex Court dealing with termination

of service. Disciplinary enquiry found to be fair and

lawful and its findings were not vitiated in any manner.

That by itself would not be ground for non

interference with order of termination of service by

Labour Court. Direction by Labour Court in the facts

for reinstatement of employee with 75% back wages

on ground that erring workman should be given

opportunity to reform himself and prove to be loyal

ad disciplined employee of company was upheld.

Next reliance is placed in case of Haryana Urban

Development Authority versus Devi Dayal reported

in 2002(93)FLR 327. Their Lordship allowed 50%

3344

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVANA 17, 1937

[PART II—SEC. 3 (ii)]

backwages instead of full backwages since workman

was engaged in work during the period of his

termination.

In present case, workman was given opportunity to

improve his conduct, earlier order of his dismissal

was modified to withholding of six increments

therefore the ratio cannot be beneficially applied to

present case at hand.

10. At the same time, what is nature of charges proved

against workman needs to be considered while deciding

propriety of the dismissal. The charges proved against

workman pertains to misbehavior with Branch Manager

abusing, disobeying, threatening the family members.

Workman was earlier dismissed from service.The

punishment was modified to withholding of six increments.

The reinstatement of workman would not be justified

considering the proved charges, misbehavior with Branch

Manager and past service record. Punishment of dismissal

deserves as a civil death not only for an employee but has

serious impact on family members also. The continuance

of workman in bank employee should not be allowed in

view of proved charges of serious nature. Considering

workman joined service in the year 1985, punishment of

dismissal was imposed in the year 2000, workman had almost

completed 15 years service, punishment of dismissal

appears harsh and disproportionate to the proved charges.

Workman filed affidavit of his evidence on other issues.

His evidence in cross-examination shows his family

consists of his wife, daughters and son studying in 5th

standard. His family's expense is about 4000 to 5000 Rs. per

month. Workman further deposed that he is supported by

several persons for attending his case, for supporting his

family. It cannot be a ground for deciding proportionality

of the punishment. In view of the proved charges and earlier

punishment of dismissal modified to withholding six

increments, reinstatement of workman cannot be allowed.

The punishment of compulsory retirement would be

appropriate. Accordingly I record my finding in Point No.2.

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

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

Punjab National Bank in ordering dismissal of

the service of Shri Rakesh Kumar Agarwal w.e.f.

16-6-2000 is not proper and legal.

(2) The punishment of dismissal from service is

modified to compulsory retirement.

Parties to bear their own costs.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 29 tqykbZ] 2015

dkñvkñ 1590-&vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj iatkc uS'kuy cSad

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

esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vf/kdj.k@Je U;k;ky;] tcyiqj ds iapkV ¼33@2001½ dks izdkf'kr

djrh gS ]tks dsUnzh; ljdkj dks 29@07@2015 dks izkIr gqvk FkkA

[lañ ,y&12011@267@2000&vkbZ vkj ¼ch&II)]

jfo dqekj] MsLd vf/kdkjh

New Delhi, the 29th July, 2015

S.O.1590.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. 33/2001) of

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

Jabalpur as shown in the Annexure, in the industiral dispute

between the management of Punjab National Bank and

their workmen, received by the Central Government on

29/07/2015.

[No. L-12011/267/2000-IR(B-II)]

RAVI KUMAR, Desk Officer.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL

TERIBUNAL CUM LABOUR COURT, JABALPUR

NO. CGIT/LC/R/33/2001

Vice President,

Punjab National Bank Employees Association,

C/o PNB 74, Iqbal Nagar,

Nagar Nigam Colony,

Ashoka Garden, Raisen Road,

Bhopal (MP)

...Workman/Union

Versus

Regional Manager,

Punjab National Bank,

Regional Office,

Shikhar Varta Press Complex,

MP Nagar, Hoshangabad Road,

Bhopal

...Management

AWARD

Passed on this 29th day of June 2015

1. As per letter dated 6-2-2001 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/

267/2000-IR(B-II). The dispute under reference relates to:

"Whether the action of the management of Punjab

National Bank Regional Office, Bhopal by not allowing

to attend the promotional test to Shri Rajendra Kumar

Raikwar is justified or not? If not, to what relief the

workman is entitled for?"

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vxLr 8] [email protected] 17] 1937

3345

2. After receiving reference, notices were issued to the

parties. Workman submitted statement of claim through

Union at Page 4/1 to 4/4. Management filed Written

Statement opposing claim of the Ist party at page 10/1 to

10/4. When case was fixed for evidence, management had

filed application submitted by workman for withdrawal of

his claim. Today workman alongwith Secretary of Union

submitted application for withdrawal of his claim.

Management has given No Objection. As Ist party workman

and Secretary of Union have admitted contents of

application for withdrawal of claim and workman is not

inclined to prosecute his claim, the award is passed as

under:-"Dispute between parties could not be decided on

merit as Ist party workman withdrew his case. No orders as

to cost."

R.B.PATLE, Presiding Officer

ubZ fnYyh] 31 tqykbZ] 2015

dkñvkñ 1591-& vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj chlhlh,y ds izcaèra=

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

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

uñ 1] /kuckn ds iapkV ¼lanHkZ la[;k 01@2014½ dks izdkf'kr djrh

gS] tks dsUnzh; ljdkj dks 31@07@2015 dks izkIr gqvk FkkA

[lañ ,y&20012@52@2013&vkbZ vkj ¼lh,e&I)]

,eñ dsñ flag]] vuqHkkx vf/kdkjh

New Delhi, the 31st July, 2015

S.O.1591.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 01/2014)

of the Cent. Govt. Indus. Tribunal-cum-Labour Court No.

1, Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s. BCCL and their

workmen, received by the Central Government on

31/07/2015.

[No. L-20012/52/2013-IR(CM-I]

M.K.SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL NO.1, DHANBAD

In the matter of reference U/s 10(1) (d) (2A)

of I.D. Act, 1947.

Reference: No. 01/2014

Employer in relation to the

management of Lodna Area

M/s. B.C.C.L.,

AND

Their workmen.

PRESENT:

SRI R.K. SARAN, Presiding Officer.

APPEARANCES :

For the Employers

: Shree D.K. Verma, Advocate

For the workman

: None

State

: Jharkhand

Industry:

Coal

Dated 10/7/2015

AWARD

By Order No. L-20012/52/2013-IR (CM-1) dated

16/12/2013, the Central Government in the Ministry of

Labour has, in exercise of the powers conferred by clause

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

the Industrial Disputes Act, 1947 referred the following

dispute for adjudication to this Tribunal:

SCHEDULE

"Whether the action of the management of Lodna

Colliery of M/s BCCL in fixing after conversation from P.R

wagon Loaders to T.R General Mazdoor-I in respect of

S/Sri Ramashray Rabidas and 12 other is fair and justified?

To what relief the concerned workers are entitled to?"

Annexure

List of workmen

1. Shri Ramashray Ravidas

2. Shri Dwarika Mahato

3. Shri Chhotu Barhi

4. Shri Anchha Bhuia

5. Shri Gopal Chamar

6. Shri Kyum Ansari

7. Shri Baldeo Dhari

8. Shri Santosh Kumhar

9. Sri Patit Pawan Kumhar

10. Md. Safique Alam

11. Shri Rakhal Bouri

12. Shri Samar Chamar

13. Shri Santosh Bouri

2. After receipt of the reference, both parties are

noticed. But appearing for certain dates none appears

subsequently. Case remain pending. It is felt that the

disputes between the parties have been resolved in the

meantime. Hence No Dispute Award is passed.

R.K. SARAN, Presiding Officer

3346

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVANA 17, 1937

[PART II—SEC. 3 (ii)]

ubZ fnYyh] 31 tqykbZ] 2015

dkñvkñ 1592-&vkS|ksfxd fookn vfèfu;e] 1947 ¼1947 dk

14½ dh èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj chlhlh,y ds izcaèra=

ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqcaè esa fufnZ"V

vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèdj.k@Je U;k;ky;

uñ 1] èuckn ds iapkV ¼lanHkZ la[;k 37@2013½ dks izdkf'kr djrh

gS] tks dsUnzh; ljdkj dks 31@07@2015 dks izkIr gqvk FkkA

[lañ ,y&20012@39@2013&vkbZ vkj ¼lh,e&1½]

,eñ dsñ flag]vuqHkkx vfèdkjh

New Delhi, the 31st July, 2015

S.O. 1592.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 37/2013)

of the Cent. Govt. Indus. Tribunal-cum-Labour Court No.

1, Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s. BCCL and their

workmen, received by the Central Government on

31/07/2015.

[No. L-20012/39/2013-IR(CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL NO.1, DHANBAD

In the matter of reference U/s 10(1) (d) (2A)

of I.D. Act, 1947.

Reference: No. 37 of 2013

Employer in relation to the management of Bastacolla Area

of M/s. B.C.C.L.,

AND

Their workmen.

Present :

SRI R.K. SARAN, Presiding Officer

APPEARANCES :

For the Employers

: Shree D.K. Verma, Advocate

For the workman

: Shree S. C. Gour, Rep.

State

: Jharkhand

Industry:

Coal

Dated 10/7/2015

AWARD

By Order No. L-20012/39/2013-IR (CM-1) dated

26/08/2013, the Central Government in the Ministry of

Labour has, in exercise of the powers conferred by clause

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

the Industrial Disputes Act, 1947 referred the following

dispute for adjudication to this Tribunal:

SCHEDULE

"Whether the action of the management of Bastacolla

Colliery of BCCL in not providing employment to Sri Suraj

Deo Bhuia Dependant son of Late Akal Bhia under the

provision of NCWA is fair and justified? To what relief

Sri Suraj Deo Bhuia dependant son of Late Akal Bhuia is

entitled?"

2. After receipt of the reference, both parties are

noticed. But appearing for certain dates, Ld Counsel for

the workman submits that workman is not interested to

contest the case. It is felt that the disputes between the

parties have been resolved in the meantime. Hence No

Dispute Award is passed. Communicate.

R.K. SARAN, Presiding Officer

ubZ fnYyh] 31 tqykbZ] 2015

dkñvkñ 1593-& vkS|ksfxd fookn vfèfu;e] 1947 ¼1947 dk

14½ dh èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj chlhlh,y ds izcaèra=

ds lac) fu;kstdkas vkSj muds deZdkjksa ds chp vuqcaè esa fufnZ"V

vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèdj.k@Je U;k;ky;

uañ 1] èuckn ds iapkV ¼lanHkZ la[;k 04@2014½ dks izdkf'kr djrh

gS] tks dsUnzh; ljdkj dks 31@07@2015 dks izkIr gqvk FkkA

[lañ ,y&20012@59@2013&vkbZ vkj ¼lh,e&1½]

,eñ dsñ flag] vuqHkkx vfèdkjh

New Delhi, the 31st July, 2015

S.O.1593.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 04/

2014) of the Cent. Govt. Indus. Tribunal-cum-Labour Court

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

dispute between the management of M/s. BCCL and their

workman, received by the Central Government on

31/07/2015.

[No. L-20012/59/2013-IR(CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL NO.1, DHANBAD

In the matter of reference U/s 10(1) (d) (2A)

of I.D. Act, 1947

Reference: No. 04 of 2014

Employer in relation to the management of Kustore Area

of M/s. BCCL,

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vxLr 8] [email protected] 17] 1937

3347

AND

Their workmen.

SRI R.K. SARAN, Presiding Officer

APPEARANCES

For the Employers

: Shree Nitish Sahay, Advocate

For the workman

: Shree K.N. Singh, Rep.

State

: Jharkhand

Industry

: Coal

Dated 9/7/2015

AWARD

By Order No. L-20012/59/2013-IR (CM-1) dated 01/01/

2014, the Central Government in the Ministry of Labour

has, in exercise of the powers conferred by clause (d) of

sub-section (1) and sub-section (2A) of section 10 of the

Industrial Disputes Act, 1947 referred the following dispute

for adjudication to this Tribunal:

SCHEDULE

"Whether the action of the management of Alkusa

Colliery under erstwhile Kustore Area and now under

Kusunda Area of M/s. BCCL in not regularizing Sri Deepak

Prakash Singh in the post of Attendance Clerk is fair and

justified? To what relief the concerned workman is entitled

to?"

2. After receipt of the reference, both parties are

noticed. But appearing for certain dates, Ld Counsel for

the workman submits that workman is not interested to

contest the case. It is felt that the disputes between the

parties have been resolved in the meantime. Hence No

Dispute Award is passed. Communicate.

R.K. SARAN, Presiding Officer

ubZ fnYyh] 31 tqykbZ] 2015

dkñvkñ 1594-&vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

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

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

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

U;k;ky;] uañ 1 /kuckn ds iapkV ¼lanHkZ la[;k 176@1999½dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 31@07@2015 dks izkIr gqvk

FkkA

[lañ ,y&20012@412@1999&vkbZ vkj ¼lh&1½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 31st July, 2015

S.O.1594.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 176/1999)

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

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

dispute between the management of M/s. BCCL and their

workmen, received by the Central Government on

31/07/2015.

[No. L-20012/412/1996-IR (C-I)]

M.K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/S 10(1) (d) (2A)

of I.D. Act. 1947

Reference No. 176 of 1999

Employer in relation to the management of Kusunda Area,

M/s. BCCL

AND

Their workman

PRESENT

SRI R.K. SARAN, Presiding Officer

APPEARANCES

For the Employers

: Sri S.N. Ghosh, Advocate

For the Workman

; Sri R.K. Mukherjee, Rep.

State

: Jharkhand

Industry

: Coal

Dated 17/7/2015

AWARD

By Order No.-L-20012/412/1996 IR-(C-1), dated

03/11/1999, the Central Govt. in the Ministry of Labour

has, in exercise of powers conferred by clause (d) of Sub-

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

Industrial Disputes Act., 1947, referred the following

disputes for adjudication to this Tribunal:

SCHEDULE

"Whether the demand of National Coal workers

congress for regularisation of Sri Bhichan Rajak and 5 others

washermen by the management of Kusunda Area of M/s.

BCCL is legal and justified, if so, what direction in this

connection is required to be given?”

3348

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVANA 17, 1937

[PART II—SEC. 3 (ii)]

List of worknen in not enclosed with Order of reference

2. The case is received from the Ministry of Labour on

07.12.1999. After receipt of reference, both parties are

noticed. The Sponsoring Union files their written statement

on 18.01.2002. And the management files their written

statement-cum-rejoinder on 21.06.2002. One witness

examined on behalf of the workman.

3. The workman who are by profession washerman,

have claimed to be regularised as workman, on the pretext

that they have been washing table cloth, carpets, towels of

the management offices, Kusunda Area and receiving

payments.

4. On the other hand management submitted, that any

body can wash and receives payment, but there is no

question of regularisation.

5. The workman though examined, has not stated that

they are engaged by contractors, though plea was taken

that electricity and detergent was provided by the

management, that has not been proved by the workman.

6. There is no appointment letter, even no name of the

contractor and workmen. The management is at liberty to

engage any one for wash for any other work. But direction

of regularizaton can not be given, unless there is a post like

that.

7. Considering the facts and circumstances of this case,

I hold that the demand of National Coal workers congress

for regularisation of Sri Bhichan Rajak and 5 other

washermen by the management of Kusunda Area of

M/s. BCCL is not legal and justified. Hence the claim of the

workman is negative, and they were not entitled to get any

relief.

This is my award.

R.K. SARAN, Presiding Officer

ubZ fnYyh] 31 tqykbZ] 2015

dkñvkñ1595-&vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj lhlh,y ds izcaèra=

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

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

uañ 2] /kuckn ds iapkV ¼lanHkZ la[;k 89@2001½ dks izdkf'kr djrh

gS] tks dsUnzh; ljdkj dks 31@07@2015 dks izkIr gqvk FkkA

[lañ ,y&20012@594@2000&vkbZñ vkjñ ¼lh&1½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 31st July, 2015

S.O. 1595.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 89/2001) of

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

Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s. CCL and their

workmen, received by the Central Government on

31/07/2015.

[No. L-20012/594/2000-IR (C-I)]

M.K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL (No. 2) AT DHANBAD

PRESENT

SHRI KISHORI RAM, Presiding Officer

In the matter of an Industrial Dispute under

Section 10(1)(d) of the I.D. Act., 1947

Reference No. 89 of 2001

PARTIES

The Secretary.

R.C.M.S., Sirka Colliery,

PO: Argada, Dist. Hazaribagh,

Versus

The Project Officer,

Sirka Colliery of M/s. CCL,

P.O. Argada, Dist. Hazaribagh

Order No. L-20012/594/2000(C-I) dt. 16.3.2001

APPEARANCES

On behalf of the

: Mr. N.G. Arun,

workman/Union

Ld. Rep. of the Union

On behalf of the

: Mr. D.K. Verma

Management

Ld. Adv.

State

: Jharkhand

Industry

: Coal

Dated, Dhanbad, the 30th June, 2015

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on them under Sec. 10(1)(d)

of the I.D. Act., 1947 has referred the following dispute to

this Tribunal for adjudication vide their Order No. L-20012/

594/2000(C-I) dt. 16.3.2001.

SCHEDULE

"Whether the action of the Management of Sirka

Colliery of M/s C.C. Ltd. in not providing employment to

Smt. Bachchi Devi w/o Late Rameshwar or her son

Nageshwar Ram is justified? If not, to what relief the said

dependants(s) of the workman concerned entitled?"

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vxLr 8] [email protected] 17] 1937

3349

2. Neither the Union Representative nor petitioner

Bachchi Devi or her son Nageswhwar Ram appeared but

Mr. D.K. Verma, the Ld. Advocate for the OP/Management

is present without any Management witness for his

evidence.

Perused the case record. I find the case has been

pending for the evidence of the OP/Management. The

Instant Reference relates to an issue over providing an

employment to Smt. Bachchi Devi w/o Late Rameshwar or

her son Nageshwar Ram. But in spite of giving more than

ample opportunity for her evidence, not a single witness

was produced on her behalf within the period from

21.04.2004 to 30.03.2006, so the evidence of the petitioner/

workman was closed as per order No. 16 dt. 30.03.2006 by

the Tribunal. When the petitioner on whom the onus of

proof lies fails to produce any evidence at the point of the

reference, it seems absolutely unreasonable to run the case

on the point of producing Management witness.

Under these circumstances, it is useless to proceed

further for evidence of the OP/Management. In result, the

case is closed as no Industrial Dispute existent between

both the parties. Accodingly, an order of 'No Dispute' is

passed.

KISHORI RAM, Presiding Officer

ubZ fnYyh] 31 tqykbZ] 2015

dkñvkñ 1596-&vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

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

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

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

U;k;ky;] uañ 1] /kuckn ds iapkV ¼lanHkZ la[;k 32@2004½ dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 31-07-2015 dks izkIr gqvk

FkkA

[lañ ,y&20012@255@2003&vkbZñvkjñ¼lh&1½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 31st July, 2015

S.O.1596.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 32/2004) of

the Cent.Govt.Indus. Tribunal-cum-Labour Court No. 1,

Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s. BCCL and their

workmen, received by the Central Government on

31.07.2015.

[No. L-20012/255/2003-IR(C-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL (NO.1), DHANBAD

In the Matter of Reference U/S 10(1) (D) (2A)

of I.D. Act, 1947

Ref. No. 32 of 2004

Employers in relation to the management of P.B. Area of

M/s. B.C.C.L.

AND

Their workmen

PRESENT

SRI RANJAN KUMAR SARAN, Presiding Officer

APPEARANCES :

For the Employers

: Sri D.K. Verma, Advocate

For the Workman

: Sri U.P. Sinha, Advocate

State

: Jharkhand

Industry

: Coal.

Dated: 07.07.2015

AWARD

By Order No. L-20012/255/2003-IR(C-I), dated 26/03/

2004, the Central Government in the Ministry of Labour

has, in exercise of the powers conferred by clause (d) of

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

Industrial Disputes Act, 1947, referred the following

disputes for adjudication to this Tribunal:

SCHEDULE

"Whether the demand of the Bhartiya Mazdoor

Sangh from the management of South Balihari Colliery of

M/s. BCCL for regularising Sri Raj Bahadur Yadav as

Supervisor (Dhowra Supervisor as the analogous cadre/

post) from the date, he has been authorised to work as

water supervisor is justified? If so, to what relief is the

concerned workman entitled and from what date?"

2. The case is received from the Ministry of Labour on

19.04.2004. After notice both parties appeared, the

Sponsoring Union files their written statement on

26.04.2006. Thereafter the management files their written

statement-cum-rejoinder on 11.12.2009. One witness each

side examined on their behalf. Document marked as W-1 to

W-9 and X to X/8.

3. The claim of the workman to be regularised in the

post of Dhowra Supervisor or in its analogus post. Both

parties file their claim statement and the workman has been

examined as WW-1. But he has clearly stated in his evidence

that he has not been entrusted to work as Dhowra

3350

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVANA 17, 1937

[PART II—SEC. 3 (ii)]

supervisor and he also further stated that he was not

selected for promotion to the said post, and he was not

authorised to work in water treatment plant.

4. In view of his clear admission, that he was not worked

as Dhowra supervisor. Hence be can't be regularised in

that post.

5. Considering the facts and circumstances of this case,

I hold that the demand of the Bhartiya Mazdoor Sangh

from the management of South Balihari Colliery of M/s.

BCCL for regularising Sri Raj Bahadur Yadav as Supervisor

is not justified. Hence he not entitled to get any relief.

This is my award.

R.K. SARAN, Presiding Officer

ubZ fnYyh] 31 tqykbZ] 2015

dkñvkñ 1597-& vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

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

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

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

U;k;ky;] uañ 1, /kuckn ds iapkV ¼lanHkZ la[;k 79@2004½ dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 31-07-2015 dks izkIr gqvk

FkkA

[lañ ,y&20012@179@2003&vkbZvkj¼lh&1½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 31st July, 2015

S.O.1597.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 79/2004) of

the Cent.Govt.Indus. Tribunal-cum-Labour Court No. 1,

Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s. BCCL and their

workmen, received by the Central Government on

31.07.2015.

[No. L-20012/179/2003-IR(C-I)]

M.K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL (NO.1), DHANBAD

In the Matter of Reference U/S 10(1) (D) (2A)

of I.D. Act, 1947

Ref. No. 79 of 2004

Employers in relation to the management of C.V. Area of

M/s. B.C.C.L.

AND

Their workmen

PRESENT:

SRI RANJAN KUMAR SARAN, Presiding Officer

APPEARANCES :

For the Employers

: Sri S.N. Ghosh, Advocate

For the Workman.

: Sri Lall Sahdeo Prasad, Rep.

State

: Jharkhand

Industry

: Coal.

Dated: 15.07.2015

AWARD

By Order No. L-20012/179/2003-IR(C-I), dated 17/12/

2003, the Central Government in the Ministry of Labour

has, in exercise of the powers conferred by clause (d) of

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

Industrial Disputes Act, 1947, referred the following

disputes for adjudication to this Tribunal:

SCHEDULE

"(i) Whether the action of the management of

Basantimata Colliery under C.V. Area of M/s. BCCL

in not protecting the wages of Shri Naudad Ansari,

Md. Suleman Ansari, Jahangir Ansari, Kaukat Ali

Ansari, Almin Ansari and Nasuruddin Ansari while

converting them from P.R to T.R job is justified? If

not, to what relief are the concerned workmen

entitled?"

2. The case is received from the Ministry of Labour on

01.01.2004 by CGIT No. 2 Dhanbad. But the case relates to

CGIT No. 1, same is received by CGIT No. 1 Dhanbad on

20.07.2004. After notice both parties appeared, the

Sponsoring Union files their written statement on

27.12.2004, the management files their written statement-

cum-rejoinder on 17.05.2005. Thereafter rejoinder and

document filed by the parties.

3. One witness each examined by both sides.

Document of workman marked as W-1 to W-10. During the

pendency of this case, one workman out of six, Sri Almin

Ansari has died and his wife Smt. Safiran Khatoon is

substituted.

4. Short point to be decided in the reference as to

whether the workman concerned, who were piece rated

workmen, subsequently became time rated workmen, will

be entitled to pay protection or not, and they will be entitled

to SPRA or not.

5. As per the Rules of the management, if the

management converted piece rated worker to time rated

the management, is to protect their pay alongwith SPRA.

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vxLr 8] [email protected] 17] 1937

3351

6. But it is submitted by the management in this

particular case, on the request of the workmen, they were

converted to piece rated to Time rated workmen. In support

of that the management filed a settlement between the Union

and the management filed in this case the relevant terms

are as follows:—

"That is further agreed to carry out the pay fixation

shall be done from the date of regularization without

any arrears in this regard i.e. SPRA at the time of

regularization will be added to initial basic of the

category in which they were regularized."

7. This being the situation, if the management already

implemented the settlement, the workman is nothing to

get. If the same is not implemented, the management is

directed to implement the same forthwith.

This is my award.

R.K. SARAN, Presiding Officer

ubZ fnYyh] 31 tqykbZ] 2015

dkñvkñ 1598-&vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

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

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

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

U;k;ky;] uañ 1] /kuckn ds iapkV ¼lanHkZ la[;k 301@2000½ dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 31-07-2015 dks izkIr gqvk

FkkA

[lañ ,y&20012@231@2000&vkbZ vkj¼lh,e&I½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 31st July, 2015

S.O.1598.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 301/

2000) of the Cent.Govt.Indus. Tribunal-cum-Labour Court

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

dispute between the management of M/s. BCCL and their

workmen, received by the Central Government on

31.07.2015.

[No. L-20012/231/2000-IR(CM-I)]

M.K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT NO. 1,

DHANBAD

In the matter of reference U/S 10 (1) (d) (2A)

of I.D. Act, 1947

Reference: No. 301 of 2000

Employer in relation to the management of Simlabahal

Colliery, Kustore Area, M/S BCCL

AND

Their workmen

PRESENT :

SHRI R.K. SARAN, Presiding Officer

APPEARANCES :

For the Employers

: None

For the Workman

: Shri R.R. Ram, Rep.

State

: Jharkhand.

Industry

: Coal

Dated: 8/7/2015

AWARD

By order No. L-20012/231/2000/IR (CM-1) dated

29/09/2000, the Central Government in the Ministry of

Labour has, in exercise the powers conferred by clause (d)

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

the Industrial Disputes Act, 1947, referred the following

dispute for adjudication to this Tribunal:

SCHEDULE

“Whether the action of BCCL, Kustore Area in

dismissing Shri Mangla Bhuiya from services w.e.f.

17.02.96 is just and fair? If not, to what relief is the

concerned workman entitled?”

2. After receipt of the reference, both parties are

noticed. Both parties appeared. But appearing for certain

dates, Ld. Counsel for the workman submits that workman

is not interested to contest the case. It is felt that the

disputes between the parties have been resolved in the

meantime. Hence No Dispute Award is passed.

Communicate

R.K. SARAN, Presiding Officer

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3352

THE GAZETTE OF INDIA : AUGUST 8, 2015/SRAVANA 17, 1937

[PART II—SEC. 3 (ii)]

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New Delhi, the 5th August, 2015

S.O.1599.—In pursuance of Section 17 of the

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

Government hereby publishes the Corrigendum Award (I.D.

No. 02(C) of 2014) of the Indus. Tribunal-cum-Labour Court,

Patna as shown in the Annexure, in the industrial dispute

between the management of UCO Bank and their workmen,

received by the Central Government on 05/08//2015.

[No. L-39025/01/2010-IR(B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE PRESIDING OFFICER,

INDUSTRIAL TRIBUNAL,

PATNA

Industrial Dispute Case No. : 02 (C) of 2014

Between the management of Zonal Manager, UCO Bank

Zonal Office, S.K. Trafdar Road, Near Koilaghat Adampur,

Bhagalpur

AND

Their workman Shri Dablu Kumar, S/O Shri Banke Behari

Pandey Vill. & P.O. Baijani, P.S. Jagdishpur, Dist. Bhagalpur,

THROUGH

The State Secretary, UCO Bank Employees Association,

Bihar State Committee, 2nd Floor, Saboo Complex, P.O. Hotel

Republic, Exhibition Road, Patna-800001.

For the Management

: Shri Ashutosh Nath Acharya,

Senior Manager, UCO Bank,

Bhagalpur.

For the workman

: Shri B. Prasad, State Secretary,

UCO

Bank

Employees

Association, 2nd Floor, Saboo

Complex, P.O.-Hotel Republic

Exhibition Road, Patna-800001.

PRESENT :

BIPIN DUTTA PATHAK, Presiding Officer

Industrial Tribunal, Patna

AWARD

Patna, dated: 22nd June, 2015.

This application has been filed under the provisions

of Section-2A (1) & (2) of the Industrial Disputes

(Amendment) Act, 2010. This case has been filed by the

workman Shri Dablu Kumar against the management of

UCO Bank, Zonal Office, Bhagalpur for seeking relief of

wrongful termination of the workman who was part time

sweeper in the bank.

2. Case was pending for the evidence of the

management. In this case both parties had appeared and

written statement was also filed on behalf of the

management bank.

3. Today attendance has been filed on behalf of the

management and the workman through State Secretary,

UCO Bank Employees Association, namely Shri B. Prasad,

representative of the union.

4. Petition has been filed on behalf of the workman

stating therein that he was working temporarily in UCO

Bank, Zonal Office, Bhagalpur as sweeper. He was removed

from the service and as such he has filed this case before

this tribunal. He without any pressure wants to withdraw

this case. Now he has no dispute or complaint against the

bank.

5. On the point of compromise W.W-1 Dablu Kumar

has been examined today and in his evidence he has stated

that he was working since 1st September, 2007 in UCO

Bank Branch Baijani but he was removed from the service

after 09.10.2013. Now he has been again appointed and he

is working in the bank since 04.02.2015 and posted at Khaisar

Branch, Dist.-Banka.

6. He further stated that after removal from the service

he filed Industrial Dispute Case No.- 02 (C) of 2014 and he

withdraw of this case without any pressure. Now he has

no complaint or dispute from the bank. In cross-examination

he has stated that he has no complaint and dispute against

the bank and he requested to pass “No Dispute Award”.

7. Since the workman wants to pass “No Dispute

Award” and he has no complaint or dispute against the

bank and he has again been appointed so “No Dispute

Award” is passed in this case.

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3353

This is my award accordingly.

Dictated & Corrected by me.

BIPIN DUTTA PATHAK, Presiding Officer

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New Delhi, the 7th August, 2015

S.O. 1600.— In pursuance of Section 17 of the

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

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

Application No. 02 of 2014) of the National Industrial

Tribunal at Kolkata as shown in the Annexure in the

Industrial Dispute between the employers in relation to the

management of the Harrisons Mallayalam Ltd., Ernakulam,

Kerala and their workmen, which was received by the Central

Government on 13/07/2015.

[No. L-51014/1/2000-IR(PG)]

ASHOK KUMAR SINGH, Dy. Director

ANNEXURE

NATIONAL INDUSTRIAL TRIBUNAL AT KOLKATA

Misc. Application No. 02 of 2014

U/S. 33A of the I.D. Act, 1947

(Arising out of Reference No. NT-01 of 2000)

PARTIES:

The Secretary,

Plantation Employees Union

Regd. No. 478/86 (CITU),

Punalur P.O. 691305,

Kollam District, Kerala State

.... Applicant.

Versus

The Managing Director,

M/s. Harrisons Malayalam Ltd.,

Bristow Road, Willington Island,

Cochin-3, Ernakulam District,

Kerala State

.... Opp. Parties.

PRESENT :

JUSTICE DIPAK SAHA RAY, Presiding Officer

APPEARANCE

On behalf of the Applicant

: None

On behalf of the Opp. Parties

: None

State

: National.

Industry

: Plantation.

Dated: 10th April, 2015.

AWARD

This is an application under Section 33A of the

Industrial Disputes Act, 1947 filed by the General Secretary,

Plantation Employees Union, Punalur P.O. 691305, Kollam

District, Kerela State alleging change of service condition

of the concerned workmen during the pendency of

Reference No. NT-01 of 2000 before this Tribunal.

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

appears on behalf of either of the parties inspite of service

of notice. It appears from the record that inspite of receiving

notice the Applicant of this case has not turned up since

19.12.2014.

3. From the above facts and circumstances it appears

that the Applicant is not interested to proceed with the

instant case further. In view of the above, present

application under Section 33A of the Act is rejected being

not moved.

4. An Award is accordingly passed.

Justice DIPAK SAHA RAY, Presiding Officer

Dated, Kolkata,

The 10th April, 2015.

Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-110064

and Published by the Controller of Publications, Delhi-110054.