foÙk ea=ky;

¼foÙkh; lsok,a foHkkx½

ubZ fnYyh] 10 vxLr] 2015

dk-vk- 1601-—foÙkh; vkfLr;ksa dk izfrHkwfrdj.k vkSj iquxZBu

rFkk izfrHkwfr fgr dk izorZu vf/kfu;e] 2002 dh /kkjk 21¼1½ }kjk

iznÙk 'kfDr;ksa dk iz;ksx djrs gq,] dsUnzh; ljdkj us ;g

fu.kZ; fy;k gS fd MkWñ 'k'kkad lDlsuk] vkfFkZd lykgdkj&II] foÙkh;

lsok,a foHkkx] Hkkjr ljdkj] rRdky izHkko ls] izfrHkwfrdj.k ls lacaf/kr

ysu&nsuksa ds iathdj.k] foÙkh; vkfLr;ksa ds iquxZBu rFkk laifÙk;ksa ls

l`ftr izfrHkwfr fgr ds mís'; ls dsUnzh; jftLVªkj] dsUnzh; jftLVªh ds

:i esa dsUnz ljdkj }kjk fu;fer in/kkjh dh fu;qfDr gksus rd]

dsUnzh; jftLVªkj vkSj izca/k funs'kd ,oa eq[; dk;Zikyd vf/kdkjh]

dsUnzh; jftLVªh ds in dk vfrfjDr izHkkj laHkkysaxsA

[Qkñ lañ 56@05@2007&¼chvks&II½& fjdojh]

,eñ ,eñ nkSyk] voj lfpo]

MINISTRY OF FINANCE

(Department of Financial Services)

New Delhi, the 10th August, 2015

S.O. 1601.—In exercise of the powers conferred under

section 21 (1) of the Securitisation and Reconstruction of

Financial Assests and Enforcement of Security Interest

Act, 2002, the Central Government has decided that

Dr. Shashank Saksena, Economic Adviser II, Department of

Financial Services, Government of India will hold additional

charge with immediate effect for the post of Central Registrar

and Managing Director and Chief Executive Officer, Central

Registry for the purpose of registration of transactions

relating to Securitisation, reconstruction of financial assets

and security interest created over the properties till the

time a regular incumbent is appointed by the Central

Government as Central Registrar, Central Registry.

[F. No. 56/05/2007-(BO-II)-Recovery]

M.M. DAWLA, Under Secy.

fons'k ea=ky;

¼lhñihñohñ izHkkx½

ubZ fnYyh] 11 vxLr] 2015

dk-vk- 1602-—jktuf;d vkSj dkaslqyh; vf/kdkjh ¼'kiFk vkSj

Qhl½ ds vf/kfu;e] 1948 dh /kkjk 2 ds [kaM ¼d½ ds vuqlj.k esa

dsUnz ljdkj ds }kjk Jh xqy'ku dqekj] lgk;d( Jh v'kksd dqekj]

lgk;d( Jh jkds'k #isyk] futh lgk;d( vkSj Jh lkSanj;k >k( fuEu

Js.kh fyfid dks 11 vxLr] 2005 ls Hkkjr ds dksalqykokl] nqcbZ esa

lgk;d dkaslqyj vf/kdkjh ds drZO;ksa dk ikyu djus ds fy,

izkf/kd`r djrh gSA

[lañ Vh- 4330@1@2015]

izdk'k pUn] mi lfpo ¼dkaslqyj ½

3326GI/15

(3355)

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

REGD. NO. D. L. (N) 04/0007/2003—05

izkf/dkj ls izdkf'kr

PUBLISHED BY AUTHORITY

lkIrkfgd

WEEKLY

la- 33]

ubZ fnYyh] vxLr 9—vxLr 15] 2015] '[email protected] 18—Jko.k 24] 1937

No. 33]

NEW DELHI, AUGUST 9—AUGUST 15, 2015, SATURDAY/SRAVANA 18—SRAVANA 24, 1937

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

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

Hkkx II—[k.M 3—mi&[k.M (ii)

PART II—Section 3—Sub-section (ii)

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

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

(Other than the Ministry of Defence)

3356

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

MINISTRY OF EXTERNAL AFFAIRS

(CPV DIVISION)

New Delhi, the 11th August, 2015

S.O. 1602.—In pursuance of the clause (a) of the Section

2 of the Diplomatic and Consular Officers (Oaths and fees)

Act, 1948 (41 of 1948), the Central Government hereby

authorizes Shri Gulshan Kumar, Assistant; Shri Ashok

Kumar, Assistant; Shri Rakesh Rupela, PA; and

Shri Soundarya Jha, LDC in Consulate General of India,

Dubai to perform the duties of Assistant Consular Officer

with effect from 11 August, 2015.

[No. T. 4330/01/2015]

PRAKASH CHAND, Dy. Secy. (Consular)

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

¼dkfeZd vkSj izf'k{k.k foHkkx½

ubZ fnYyh] 13 vxLr] 2015

dk-vk- 1603-—dsUnz ljdkj ,rn~}kjk fnYyh iqfyl LFkkiu

vf/kfu;e 1946 ¼1946 dk vf/kfu;e lañ 25½ dh /kkjk 6 ds lkFk

ifBr /kkjk 5 dh mi&/kkjk ¼1½ }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs gq,

vksfM'kk izns'k ljdkj] x`g foHkkx] Hkqous'oj ds

fnukad 27-10-2014 dh vf/klwpuk lañ 39445@lh ,aM ,pvkj }kjk

izkIr lgefr ls vksfM'kk izns'k jkT; ds Hkhrj iqjh rV iqfyl LVs'ku esa

vfer vxzoky ds ifjokj ds lnL;ksa dh gR;k ds laca/k esa fnukad

14-12-2013 dks ntZ ekeyk la[;k 215 ds vijk/k ds vUos"k.k ds

laca/k esa fnYyh fo'ks"k iqfyl LFkkiu ds lnL;ksa dh 'kfDr;ksa vkSj

vfèdkj {ks= dk foLRkkj laiw.kZ vksfM'kk jkT; ij djrh gSA

[lañ 228@61@2014&,ohMh&II]

vthr dqekj] voj lfpo

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES

AND PENSIONS

(Department of Personnel and Training)

New Delhi, the 13th August, 2015

S.O. 1603.—In exercise of the powers conferred by

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

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

the Central Government with the consent of the State

Government of Odisha, Home Department, Bhubaneswar

vide Notification No. 39445/C&HR dated 27.10.2014, hereby

extends the powers and Jurisdiction of the members of the

Delhi Special Police Establishment to the whole of the State

of Odisha for investigation of Puri Sea Beach Police Station

Case No. 215 dated 14.12.2013 relating to murder of family

members to Amit Agrawal.

[No. 228/61/2014-AVD-II]

AJIT KUMAR, Under Secy.

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

¼miHkksDrk ekeys foHkkx½

¼Hkkjrh; ekud C;wjks½

ubZ fnYyh] 7 vxLr] 2015

dk-vk- 1604-—Hkkjrh; ekud C;wjks ¼izek.ku½ fofu;e] 1988 ds fofu;e 4 ds mifu;e ¼5½ ds vuqlj.k esa Hkkjrh; ekud C;wjks

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

vuqlwph

Øñ

ykblsal lañ

Lohd`r djus dh

ykblsal /kkjh dk uke o irk

Hkkjrh; ekud dk 'kh"kZ

Hkk ek lañ ¼Hkkx@

lañ

frfFk o"kZ@ekg

vuqHkkx½% o"kZ

1-

6500006095

20150702

esllZ raxkeby Tosyjh fyfeVsM

LoZ.k ,oa Lo.kZ feJ/kkrq, ]

IS 1417% 1999

109&110] dqeju jksM

vkHkw"k.k@f'kYidkjh—'kq)rk

fr#Iiqj&641 601

,oa eqgjkadu

2-

6500006196

20150702

esllZ raxkeby Tosyjh fyfeVsM

LoZ.k ,oa Lo.kZ feJ/kkrq,a

IS 1417% 1999

11A@1] dPpsjh LVªhV] 'kfDr xksih

vkHkw"k.k@f'kYidkjh&'kq)rk

eq[; lM+d

,oa eqgjkadu

xkschpsV~Vhiky;e&638 452

3-

6500006297

20150707

esllZ bZ'kk dykWfFkax

iSdstcan is; ty ¼iSdstcan½

IS 14543% 2004

14@93A] 7 xkaW/kh LVªhV]

feujy ty ds vykok½

vfoukf'k CykWd]

jkDdS;kiy;e] vfoukf'k

rkyqd] fr:Iiqj&641 654

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 15] [email protected] 24] 1937

3357

4-

6500006398

20150707

esllZ ohñ vkjñ iEIl

xgjs dqvksa ds fy, fuEutuh;

IS 14220% 1994

lañ 26] egky{eh xkMZUl]

iEIlsV

rksV~Vhiky;e jksM]

fpfUu;eiky;e]

dks;EcÙkwj&641 062

5-

6500006499

20150708

esllZ raxkeby Tosyjh fyfeVsM

pkaWnh ,oa pkaWnh feJ/kkrq,a

IS 2112% 2003

11A@1] dPpsjh LVªhV] 'kfDr xksih

vkHkw"k.k@f'kYidkjh—'kq)rk

eq[; lM+d

,oa eqgjkadu

xkschpsV~Vhiky;e&638 452

6-

6500006503

20150708

esllZ raxkeby Tosyjh fyfeVsM

pkaWnh ,oa pkaWnh feJ/kkrq,a

IS 2112% 2003

109&110] dqeju jksM]

vkHkw"k.k@f'kYidkjh—'kq)rk

fr#Iiqj&641601

,oa eqgjkadu

7-

6500006604

20150714

esllZ Jh vEeu baMLVªhl

d`f"k ,oa ty vkiwfrZ ds fy,

IS 9079% 2002

lañ 7] txUukFku bafMfLVª;y ,LVsV]

lkQ BaMs ikuh ds fctyh ds

vfriky;e jksM] fpUukosneiV~Vh]

eksukslsV iEil

dks;EcÙkwj&641 049

8-

6500006806

20150717

esllZ dqulUl ikbIl izkbosV fyfeVsM fo|qr izfr"Bkiu ds fy,

IS 9537% Part 3%

,l ,Q lañ 458@1] 458@2] 459@1A] okfgdk—Hkkx 3—l[r ,oa

1983

459@2 osYyeMh]

lknk fo|qr vojks/kh okfgdk

dks;EcÙkwj&641 110

9-

6500006705

20150717

esllZ izHkq baMLVªh

lkQ] BaMs ikuh ds fy,

IS 8472% 1998

733@4] rksV~Vhiky;e jksM]

vidsanzh; iqu#Riknd iEi

flfoy ,sjksMªkWe iksLV

dks;EcÙkwj&641 014

10-

6500006907

20150722

esllZ egky{eh Mk;jh

eykbZjfgr nw/k ikmMj—

IS 13334% (Part 1½

1@492] dYMsuisV] lkseuwj jksM]

Hkkx&1—ekud jksM

Hkkx 2014

iYyMe rkyqd] fr:Iiqj&641 401

11-

6500007097

20150724

esllZ Jh raxEeu feujYl

iSdtcan is; ty ¼iSdtcan½

IS 14543%2004

2@800¼11½] Jh vejtksrh xkMZu]

feujy ty ds vykok½

ohjkikUMh ¼ds jkLrs½] x.kifriky;e

iksLV] iYyMe rkYyqd]

fr#Iiqj&641 605

12-

6500007303

20150731

esllZ dkosjh ikWyhelZ ,.M baMLVªhl is;ty vkiwfrZ ds fy,

IS 4985%2000

159@1] Vh oh ,l uxj jksM]

vIykfLVd`r ih oh lh ikbIl

doqUMriky;e] dks;Ecrwj&641 030

[lañ lh,eMh@13%11]

,eñ lnkf'koe] oSKkfud ^,Q* ,oa izeq[k

Øñ

ykblsal lañ

Lohd`r djus dh

ykblsal/kkjh dk uke o irk

Hkkjrh; ekud dk 'kh"kZ

ek ek lañ ¼Hkkx@

lañ

frfFk o"kZ@ekg

vuqHkkx½% Hkkx

3358

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION

(Department of Consumer Affairs)

(BUREAU OF INDIAN STANDARDS)

New Delhi, the 7th August, 2015

S.O. 1604.—In pursuance of sub-regulation (5) of the regulation 4 of the Bureau of Indian Standards (Certification)

Regulation, 1988, of the Bureau of Indian Standards, hereby notifies the grant of licence particulars of which are given in the

following schedule:

SCHEDULE

Sl.

Licence

Grant

Name and Address (Factory)

Title of the Standard

IS No. Part/

No.

No.

Date

of the Party

Sec. Year

1.

6500006095

20150702

M/s. Thangamayil Jewellery

Gold and Gold Alloys,

IS 1417 : 1999

Limited 109-110, Kumaran Road,

Jewellery/Artefacts

Tiruppur - 641 601

Fineness and Marking

2.

6500006196

20150702

M/s. Thangamayil Jewellery

Gold and Gold Alloys,

IS 1417 : 1999

Limited 11A/1, Cutcherry Street,

Jewellery/Artefacts

Sakthi Gopi Main Road,

Fineness and Marking

Gobichettipalayam - 638 452

3.

6500006297

20150707

M/s. Isha Clothing

Packaged Drinking Water

IS 14543 : 2004

14/93-A, 7, Gandhi Street,

(other than Packaged

Avinashi Block, Rakkiya Palayam,

Natural Mineral Water)

Avinashi Taluk, Tirupur - 641 654

4.

6500006398

20150707

M/s. V.R. Pumps

Openwell Submersible

IS 14220 : 1994

No. 26, Mahalakshmi Gardens,

Pumpsets

Thottipalayam Road

Chinniyampalayam,

Coimbatore-641 062

5.

6500006499

20150708

M/s. Thangamayil Jewellery

Silver and Silver Alloys,

IS 2112 : 2003

Limited 11A/1, Cutcherry Street,

Jewellery/Artefacts -

Sakthi Gopi Main Road,

Fitness and Marking

Gobichettipalayam - 638 452

6.

6500006503

20150708

M/s. Thangamayil Jewellery

Silver and Silver Alloys

IS 2112 : 2003

Limited 109-110, Kumaran Road,

Jewellery/Artefacts-

Tiruppur - 641601

Fineness and Marking

7.

6500006604

20150714

M/s. Sri Amman Industries

Electric Monoset

IS 9079 : 2002

No. 7, Jaganathan Industrial Estate,

Pumps for Clear, Cold

Athipalayam Road, Chinnavedam

Water for Agricultural

Patti, Coimbatore - 641 049

and Water Supply Purposes

8.

6500006806

20150717

M/s. Kunsons Pipes Pvt. Ltd.

Conduits for electrical

IS 9537 : Part 3:

SF No. 458/1, 458/2, 459/1A, 459/2

installations-part 3—Rigid

1983

Vellamadi, Coimbatore - 641 110

plain conduits of

insulating materials

9.

6500006705

20150717

M/s. Prabhu Industry

Centrifugal Regenerative

IS 8472 : 1998

733/4A, Thottipalayam Road,

Pumps for clear, cold water

Civil Aerodrome (Post),

Coimbatore - 641 014

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 15] [email protected] 24] 1937

3359

10.

6500006907

20150722

M/s. Sri Mahalakshmi Dairy

Skimmed Milk Powder -

IS 13334

1/492, Kaldenpet,

Part 1 - Standard Grade

(Part 1): 2014

Somanur Road, Palladam (Tk),

Tiruppur — 641 401

11.

6500007097

20150724

M/s. Sri Thangamman Minerals

Packaged Drinking Water

IS 14543 : 2004

2/800 (11), Sri Amarjothi Garden,

(other than Packaged

Veerapandi (Via), Ganapathipalayam Natural Mineral Water)

Post, Palladam Taluk,

Thiruppur — 641 605

12.

6500007303

20150731

M/s. Kavery Polymers &

Unplasticized PVC pipes

IS 4985 : 2000

Industries 159/1, TVS Nagar Road,

for Potable Water Supplies

Kavundampalayam,

Coimbatore — 641 030

[No. CMD/13:11]

M. SADASIVAM, Scientist ‘F’ and Head

ubZ fnYyh] 7 vxLr] 2015

dk-vk- 1605-—Hkkjrh; ekud C;wjks ¼izek.ku½ fofu;e] 1988 ds fofu;eu 5 ds mifofu;eu ¼6½ ds vuqlj.k esa Hkkjrh; ekud C;wjks

,rn~}kjk vf/klwfpr djrk gS fd fuEu fooj.k okys ykblsalksa dks muds vkxs n'kkZbZ xbZ rkjh[k ls jí@LFkfxr dj fn;k x;k gS%µ

vuqlwph

Øñ

ykblsal lañ

ykblsal/kkjh dk uke o irk

LFkfxr fd, x,@jí fd, x, ykblsal ds varxZr

jí gksus dh

lañ

lh ,e@,y&

oLrq@izØe lEc) Hkkjrh; ekud dk 'kh"kZd

frfFk

tqykbZ 2015 & 'kwU;

[lañ lh ,e Mh@13%13]

,eñ lnkf'koe] oSKkfud ^,Q* ,oa izeq[k

New Delhi, the 7th August, 2015

S.O. 1605.—In pursuance of sub-regulation (6) of the regulation 5 of the Bureau of Indian Standards (Certification)

Regulations, 1988, of the Bureau of Indian Standards, hereby notifies that the licence particulars of which are given below

have been cancelled/suspended with effect from the date indicated against each:

SCHEDULE

Sl.

Licence No. Name & Address of the Licensee

Article/Process with relevant

Date of

No.

CM/L

Indian Standard covered by the

Cancellation

licence cancelled/suspension

JULY 2015 - NIL

[No. CMD/13: 13]

M. SADASIVAM, Scientist 'F' & Head

Sl.

Licence

Grant

Name and Address (Factory)

Title of the Standard

IS No. Part/

No.

No.

Date

of the Party

Sec. Year

3360

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

ubZ fnYyh] 10 vxLr] 2015

dk-vk- 1606-—Hkkjrh; ekud C;wjks ¼izek.ku½ fofu;e] 1988 ds fofu;e 4 ds mifofu;e 5 ds vuqlj.k esa Hkkjrh; ekud C;wjks ,rn~}kjk

vf/klwfpr djrk gS fd ftuds fooj.k uhps vuqlwph esa fn, x, gSa] dks ykblsal iznku fd, x, gSa%

vuqlwph

Øe

ykbZlsal uañ

Lohd`r

ykbZlsal/kkjh dk uke ,oa irk

Hkkjrh; ekud dk

Hkkjrh;

Hkkx

vuqñ

o"kZ

lañ

djus dh

'kh"kZd

ekud

frfFk

lañ

o"kZ@ekg

01

5900003206

2050401

TosylZ fot; jkt ,.M lal

Lo.kZ ,oa Lo.kZ

1417

1999

lnj jksM] ckyksn]

feJ/kkrq,a]

rglhy&ckyksn]

vkHkw"k.k@f'kYidkjh

ftyk& ckyksn]

'kq)rk ,oa eqgjkadu&

NRrhlx<+& 491226

fof'kf"V

02

5900003307

20150413

Jh lkbZ okVj iSdsftax

iSdstcan is;

14543

2004

baMLVªht

ty ¼iSdstcan izkd`frd

xzke&Hkqjdksuh] xzke iapk;r&

fefujy ty ds

Niksjk] CykWd&/kjlhok

vykok½

ea/kkj jksM]

ftyk&jk;iqj ¼Nñxñ½

03

5900003408

2050413

,fjLVks Vªkalehlu izkñ fyñ

lajpukRed iz;ksx ds

4923

1997

IykWV uañ 100 ,oa 101]

fy;s bLikr ds [kks[kys

baMLVªh;y ,LVsV] flyrkjk]

dkV& fof'k"V

Qst& II,

ftyk& jk;iqj]

Nñxñ& 492001

04

5900003509

2150413

,fjLVks Vªkalehlu izkñ fyñ

ikuh vkSj eyty ds

3589

2001

IykWV uañ 100 ,oa 101]

fy, bLikr

baMLVªh;y ,LVsV] flyrkjk]

ikbZi ¼168-3 ls

Qst&II, ftyk& jk;iqj]

2540 feeh ckgjh

Nñxñ& 492001

O;kl ds½& fof'k"V

05

5900003610

2150413

,fjLVks Vªkalehlu izkñ fyñ

lkekU; xq.krk ds

9295

1983

IykWV uañ 100 ,oa 101]

lajpuk bLikr&

baMLVªh;y ,LVsV] flyrkjk]

fof'k"V

Qst&II, ftyk& jk;iqj]

Nñxñ& 492001

06

5900003711

20150421

le`n~f/k TosylZ

Lo.kZ ,oa Lo.kZ

1417

1999

calkyh gkbZV~l] lnj cktkj]

feJ/kkrq,a]

ugkrk ekdsZV ds lehi]

vkHkw"k.k@f'kYidkjh

jk;iqj ¼Nñxñ½& 492001

'kq)rk ,oa eqgjkadu&fof'kf"V

07

5900003812

20150427

gkbZ&Vsd ikWoj ,.M LVhy fyñ

daØhV izcyu ds fy,

1786

2008

xzke&ijlnk] iksLV&ljksjk]

mPp 'kfDr fo:fir

rglhy& frynk]

bLikr lfj, ,oa rkj&

ftyk& jk;iqj]

fof'kf"V

Nñxñ& 493114

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 15] [email protected] 24] 1937

3361

08

5900003913

20150430

ekW dkyh ,ykW;t mn~nksx ¼izkñ½

lkekU; lajpuk

2830

2012

fyñ

bLikr gsrq iquosZYyu

xzke&ikyh] iksLV& xSjokuh]

ds fy, dkcZu <yokW

ftyk& jk;x<+]

bLikr baxV] fcysV]

Nñxñ& 496001

Cywe ,oa LySc&fof'kf"V

09

5900004006

20150429

TosylZ izke pan vuhy

Lo.kZ ,oa Lo.kZ

1417

1999

dqekj lqjkuk

feJ/kkrq,a]

tokgj pkSd] nqxZ]

vkHkw"k.k@f'kYidkjh

Nñxñ& 491001

'kqn~/krk ,oa

eqgjkadu&fof'kf"V

10

5900004107

20150506

fl[kj iSdst fMªfdax okVj

iSdstcan is;

14543

2004

[kljk uañ 581@2]

ty ¼iSdstcan izkd`frd

xzke&>jgkxkao]

fefujy ty ds

ftyk&eqaxsyh

vykok½

Nñxñ&495334

11-

5900004208

20150506

ykypankuh dsfedYl

iSdstcan is;

14543

2004

'ksM uañ 21] lsDVj&lh]

ty ¼iSdstcan izkd`frd

baMLVªh;y ,fj;k] flfjfxêVh]

fefujy ty ds

ftyk& fcykliqj]

vykok½

Nñxñ&495 001

12-

5900004309

20150430

tsñihñ fcojsTl

iSdstcan is;

14543

2004

cM+s mykZ] vHkuiqj]

ty ¼iSdstcan izkd`frd

ftyk& jk;iqj]

fefujy ty ds

Nñxñ&493 661

13-

5900004410

20150508

ckykth ikWyhIykLV

ikuh dh vkiwfrZ gsrq

4984

1995

IykWV uañ 328@40] esVy ikdZ

mPp ?kuRo

baMLVªh;y ,fj;k] jokHkkVk]

ikWyhbFkbyhu ikbi

ftyk& jk;iqj]

Nñxñ&493 111

14-

5900004511

20150507

ckykth ikWyhIykLV

flapkbZ miLdj&

14151

2

2008

IykWV uañ 328@40] esVy ikdZ

fLizadyj ikbi&

baMLVªh;y ,fj;k] jokHkkVk]

fof'kf"V Hkkx 2 lgt

ftyk& jk;iqj]

la;ksth ikyh,fFkuhu

Nñxñ&493 111

ikbi rFkk fQfVaXl

15-

5900004612

20150512

Hkkjrh fcojsTl gkml

iSdstcan is;

14543

2004

IykWV uañ 99] iFkjMhg]

ty ¼iSdstcan izkd`frd

/kjlhok CykWd]

fefujy ty ds

ftyk& jk;iqj]

vykok½

Nñxñ&492 001

Øe

ykbZlsal uañ

Lohd`r

ykbZlsal/kkjh dk uke ,oa irk

Hkkjrh; ekud dk

Hkkjrh;

Hkkx

vuqñ

o"kZ

lañ

djus dh

'kh"kZd

ekud

frfFk

lañ

o"kZ@ekg

3362

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

16-

5900004713

20150519

Jh jk;iqj lhesaV IykWV ¼Jh

iksVZySaM ikstksykuk

1489

1

1991

lhesaV fyñ dh ,d bZdkbZ½

lhesaV& fof'kf"V

xzke& [kkijMhg]

rglhy& flexk] HkkVkikjk]

ftyk& ckyksnk cktkj

NÙkhlx<+&493 332

17-

5900004814

20150519

NÙkhlx<+ VsaV rkjimyhu

vYi ?kuRo ikWyhFkhu

2508

1984

baMLVªht+

fQYe dh fof'kf"V

esu jksM+ xzke& dkanjdk]

rglhy& /kke/kk]

ftyk& nqxZ

NÙkhlx<+

18-

5900004907

20150521

Jh jk;iqj lhesaV IykWV ¼Jh

iksVZySaM /kkrqey lhesaV

455

1989

lhesaV fyñ dh ,d bZdkbZ½

xzke& [kkijMhg]

rglhy& flexk] HkkVkikjk]

ftyk& ckyksnk cktkj

NÙkhlx<+&493 332

19-

5900005008

20150527

Jh jkuh lrh feujy okVj

iSdstcan is;

14543

2004

xzke& frykbZ]

ty ¼iSdstcan izkd`frd

rglhy& vdyrkjk]

fefujy ty ds

ftyk& tkatxhj&paik]

vykok½

NÙkhlx<+&495 552

20-

5900005109

20150611

;kyLdks jh;y bZLVsV ,.M

iSdstcan is;

14543

2004

,xzks Qkfe±x fyfeVsM

ty ¼iSdstcan izkd`frd

xzke& lkYgs]

fefujy ty ds

rglhy& Mksaxjxkao]

vykok½

ftyk& jktukanxkao

NÙkhlx<+&491 661

21-

5900005210

20150615

Jh ixkfj;k TosylZ

Lo.kZ ,oa Lo.kZ

1417

1999

gyokbZ ysu] jk;iqj]

feJ/kkrq,a]

gyokbZ ysu] jk;iqj]

vkHkw"k.k@f'kYidkjh

Nñxñ&492 001

'kq)rk ,oa eqdjkadu&fof'kf"V

22-

5900005311

20150707

ekW egkek;k TosylZ

Lo.kZ ,oa Lo.kZ

1417

1999

egkek;k ekdsZV]

feJ/kkrq,a]

esu jksM] 'kfDr]

vkHkw"k.k@f'kYidkjh

ftyk& tkatxhj&paik]

'kq)rk ,oa eqdjkadu&

Nñxñ&495 689

fof'kf"V

Øe

ykbZlsal uañ

Lohd`r

ykbZlsal/kkjh dk uke ,oa irk

Hkkjrh; ekud dk

Hkkjrh;

Hkkx

vuqñ

o"kZ

lañ

djus dh

'kh"kZd

ekud

frfFk

lañ

o"kZ@ekg

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 15] [email protected] 24] 1937

3363

23-

5900005412

20150723

vkse ikWyhelZ

fo|qr laLFkkiuksa ds

9537

3

1983

[kljk uañ 316@1 ikVZ]

fy, daM~;wVl Hkkx% 3

xzke& xFkqyk] iksLV&cksjh]

fo|qr jks/ku lkexzh

ftyk& jktuanxkao

ds í<+ lkns daM;wV&

NÙkhlx<+&491 441

fof'kf"V

24-

5900005513

20150730

ckykth fcojsTl

iSdstcan is;

14543

2004

xzke& ranqvk] ok;k& frynk]

ty ¼iSdstcan izkd`frd

ftyk& jk;iqj]

fefujy ty ds

NÙkhlx<+&493 116

vykok½

25-

5900005614

20150731

lR;k vk;j.k ,.M LVhy izkñfyñ

iSdstcan is;

14543

2004

5@,y] gSoh baMfLVª;y ,fj;k]

ty ¼iSdstcan izkd`frd

gkFk[kkst] fHkykbZ]

fefujy ty ds

ftyk& nqxZ]

vykok½

NÙkhlx<+&490026

[lañ dsUnzh; izek.ku foHkkx@13%11]

,lñ Hkkoky] oSKkfud ^bZ* ,oa izeq[k

New Delhi, the 10th August, 2015

S.O. 1606.—In pursuance of sub-regulation (5) of regulation 4 of the Bureau of Indian Standards (Certification)

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

in the following schedule:

SCHEDULE

Sl.

Licence No.

Grant

Name and address of the

Title of the Standard

IS No.

Part.

Sec.

Year

No.

Date

party

01.

5900003206

20150401

Jewellers Vijay Raj and

Gold and gold alloys,

1417

2004

Son's

jewellery/artefacts -

Sadar Road Balod,

fineness and marking -

Telhil- Balod,

Chhattisgarh-491 226

02.

5900003307

20150413

Shri Sai Water

Packaged drinking

14543

2004

Packaging Industries

water (other than

Village: Bhurkoni, G.P.-

packaged natural

Chhapora, Block-

mineral water) -

Dharsiva, Mandhar

Road, District- Raipur

Chhattisgarh

03.

5900003408

20150413

Aristo Transmission Pvt.

Hollow steel sections

4923

1997

Ltd.,

for structural use

Plot No. 100 & 101,

Industrial Estate,

Siltara, Phase-II,

Raipur (C.G.)-492 001

Øe

ykbZlsal uañ

Lohd`r

ykbZlsal/kkjh dk uke ,oa irk

Hkkjrh; ekud dk

Hkkjrh;

Hkkx

vuqñ

o"kZ

lañ

djus dh

'kh"kZd

ekud

frfFk

lañ

o"kZ@ekg

3364

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

04.

5900003509

20150413

Aristo Transmission Pvt.

Steel pipes for water

3589

2001

Ltd.,

and sewage (168.3 to

Plot No. 100 & 101,

2540 mm outside

Industrial Estate,

diameter) -

Siltara, Phase-II,

Raipur (C.G.)-492 001

05.

5900003610

20150413

Aristo Transmission Pvt.

Steel tubes for idlers

9295

1983

Ltd.,

for belt conveyors

Plot No. 100 & 101,

Industrial Estate,

Siltara, Phase-II,

Raipur (C.G.)-492 001

06.

5900003711

20150421

Samriddhi Jewellers

Gold and gold alloys,

1417

1999

Bansali Heights,

jewellery/artefacts -

Sadar Bazar,

fineness and marking-

Nr. Nahta Market, Raipur

Chhattisgarh-492 001

07.

5900003812

20150427

Hi-Tech Power & Steel

High strength

1786

2008

Limited

deformed steel bars

Village- Parsada,

and wires for concrete

Post- Sarora, The/- Tilda

reinforcement

District: Raipur

Chhattisgarh-493 114

08.

5900003913

20150430

Maa Kali Alloys Udyog

Carbon steel cast

2830

2012

(P) Ltd.

billet ingots, billets,

Vill- Pali, P.O.-Gairwani

blooms and slabs

District- Raigarh,

for re-rolling

Chhattisgarh-496 001

into steel for general

09.

5900004006

20150429

Jewellers Prem Chand

Gold and gold alloys,

1417

1999

Anil Kumar Surana

jewellery/artefacts -

Jawahar Chowk, Durg

fineness and marking-

Chhattisgarh-491 001

10.

5900004107

20150506

Sikhar Package

Packaged drinking

14543

2004

Drinking Water

water (other than

Khasra No. 581/2

packaged natural

Vill.- Jharhagaon,

mineral water) -

Distt.-Mungeli

Chhattisgarh-495 334

11.

5900004208

20150506

Lalchandani Chemicals

Packaged drinking

14543

2004

Shed No. 21, Sec.-C,

water (other than

Industrial Area,

packaged natural

Sirigitti,

mineral water) -

District- Bilaspur,

Chhattisgarh-495 001

12.

5900004309

20150430

J.P. Beverages

Packaged drinking

14543

2004

Bade Urla, Abhanpur

water (other than

District-Raipur,

packaged natural

Chhattisgarh-493 661

mineral water) -

Sl.

Licence No.

Grant

Name and address of the

Title of the Standard

IS No.

Part.

Sec.

Year

No.

Date

party

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 15] [email protected] 24] 1937

3365

13.

5900004410

20150508

Balaji Polyplast

High density

4984

1995

Plot No. 328/40,

Polyethylene pipes for

Metal Park Industrial

potable water supplies

Area, Rawabhata,

District- Raipur

Chhattisgarh-493 111

14.

5900004511

20150507

Balaji Polyplast

Irrigation equipment -

14151

2

2008

Plot No. 328/40,

sprinkler pipes - part

Metal Park Industrial

2: quick coupled

Area, Rawabhata,

polyethylene pipes

District- Raipur

Chhattisgarh-493 111

15.

5900004612

20150512

Bharti Bewerages House

Packaged drinking

14543

2004

Plot No. 99, Pathardih,

water (other than

Dharsiwa Block,

packaged natural

District- Raipur

mineral water) -

Chhattisgarh-492 001

16.

5900004713

20150519

Shree Raipur Cement

Portland pozzolana

1489

1

1991

Plant (A unit of Shree

cement part 1 flyash

Cement Ltd.)

Village: Khapradih,

Tehsil: Simga,

District: Baloda Bazar,

Chhattisgarh-493 332

17.

5900004814

20150519

Chhattisgarh Tent

Low density

2508

1984

Tarpaulin Industries

polyethylene films

Main Road, Village:

Khandarka, Tehlsil:

Dhamdha, District-Durg,

Chhattisgarh

18.

5900004907

20150521

Shree Raipur Cement

Portland slag cement

455

1989

Plant (A unit of Shree

Cement Ltd.) Village

Khapradih, Tehsil: Simga,

District: Baloda Bazar,

Chhattisgarh-493 332

19.

5900005008

20150527

Sri Rani Sati Mineral

Packaged drinking

14543

2004

Water

water (other than

Village- Tilai,

packaged natural

Tah.- Akaltara, Janjgir,

mineral water) -

District- Janjgir-Champa

Chhattisgarh-495 552

20.

5900005109

20150611

Yalsco Real Estate &

Packaged drinking

14543

2004

Agro Farming Ltd.

water (other than

Village- Salhe,

packaged natural

Tah-Dongargaon,

mineral water) -

District- Rajnandgaon,

Chhattisgarh-491 661

21.

5900005210

20150615

Shri Pagariya Jewellers

Gold and Gold alloys,

1417

1999

Halwai Lane, Raipur,

jewellery/artefacts -

Chhattisgarh-492 001

fineness and marking -

Sl.

Licence No.

Grant

Name and address of the

Title of the Standard

IS No.

Part.

Sec.

Year

No.

Date

party

3366

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

22.

5900005311

20150707

Maa Mahamaya

Gold and gold alloys,

1417

1999

Jewellers

jewellery/artefacts

Mahamaya Market,

fineness and marking -

Main Road, Sakti, District-

Janjgir Champa,

Chhattisgarh-495 689

23.

5900005412

20150723

Om Polymers

Conduits for electrical

9537

3

1983

Kharsa No. 316/1 Part,

Installations: Part 3

Village: Gathula,

Rigid plain conduits of

Post- Bori,

insulating materials

District : Rajnandgaon

Chhattisgarh-491 441

24.

5900005513

20150730

Balaji Bewerages

Packaged drinking

14543

2004

Vill- Tandua,

water (other than

Via- Tilda,

packaged natural

District: Raipur

mineral water) -

Chhattisgarh-493 116

25.

5900005614

20150731

Satya Iron And Steel

Packaged drinking

14543

2004

Pvt. Ltd.

water (other than

5/L, Heavy Industrial

packaged natural

Area, Hathkhoj, Bhilai,

mineral water) -

District-Durg,

Chhattisgarh-490 026

[No. CMD/13:11]

S. BHOWAL, Scientist-E & Head

ubZ fnYyh] 10 vxLr] 2015

dk-vk- 1607-—Hkkjrh; ekud C;wjks ¼izek.ku½ fofu;e] 1988 ds fofu;e 4 ds mifofu;e 5 ds vuqlj.k esa Hkkjrh; ekud C;wjks ,rn~}kjk

vf/klwfpr djrk gS fd ftuds fooj.k uhps vuqlwph esa fn, x, gSa] dks ykblsal j) fd, x, gSa%

vuqlwph

Øe

ykblsal

ykblsal/kkjh dk uke ,oa irk

ykblsal ds varxZr

jí@LFkfxr djus

lañ

uañ

oLrq@izØe lEc) Hkkjrh;

dh frfFk

ekud dk 'kh"kZd

1-

5803568

eSllZ] fodkl b.MLVªh]

Hkk ek 14543% 2004

17-07-2015

32@2] eqds'k fudqat] chtsih

iSdstcan is; ty ¼iSdstcan

vkWQhl ds ihNs] flfoy ykbu]

izkd`frd fefujy ty ds

cyksnk cktkj] jk;iqj]

vykok½ & fof'kf"V

NÙkhlx<+&493 332

1-

8978824

eSllZ ekW egkek;k jksfyax fey

Hkk ek 1786 % 2008

30-07-2015

izkbZosV fyfeVsM] 6@2] xzke% fnykjh

daØhV izcyu ds fy, mPp

tsjokuh ds ikl]

'kfDr fo:fir bLikr lfj,

ftyk% jk;x<+] NÙkhlx<+&496 001

,oa rkj & fof'kf"V

[lañ dsUnzh; izek.ku foHkkx@13%11]

,lñ Hkkoky] oSKkfud&bZ ,oa izeq[k

Sl.

Licence No.

Grant

Name and address of the

Title of the Standard

IS No.

Part.

Sec.

Year

No.

Date

party

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 15] [email protected] 24] 1937

3367

New Delhi, the 10th August, 2015

S.O. 1607.—In pursuance of sub-regulation (6) of regulation 5 of the Bureau of Indian Standards (Certification)

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

been cancelled/suspended with effect from the date indicated against each:

SCHEDULE

Sl.

Licences No.

Name and address of the

Article/Process with

Date of

No.

CM/-L-

Licensee

relevant Indian Standards

Cancellation

covered by the licence

cancelled/suspension

1.

5803568

Vikas Industry

IS 14543 : 2004

17.07.2015

32/2, Mukesh Nikunj,

Packaged drinking water (other

Behind BJP Office< Vicil

than packaged natural mineral

Line, Baloda Bazar,

water) - Specification

District- Raipur,

Chhattisgarh-493 332

2.

8978824

Maa Mahamaya Rolling Mill

IS 1786 : 2008

30.07.2015

Pvt. Ltd.

High strength deformed steel

6/2 Village Delari, Near

bars and wires for concrete

Germani

reinforcement-Specification

Distt : Raigarh Chhattisgarh-496 001

[No. CMD/13:11]

S. BHOWAL, Scientist-E & Head

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

ubZ fnYyh] 25 Qjojh] 2015

dk-vk- 1608-—nar fpfdRld vf/kfu;e] 1948 ¼1948 dk 16½ ds [k.M 10 ds mi [kaM ¼2½ }kjk iznRr 'kfDr;ksa dk iz;ksx djrs gq,]

dsUnz ljdkj Hkkjrh; nar fpfdRlk ifj"kn~ ds lkFk ijke'kZ ds ckn] ,rnn~okjk mDr vf/kfu;e dh vuqlwph ds Hkkx&1 esa fuEufyf[kr la'kks/ku

djrh gS] uker%&

2- nar fpfdRld vf/kfu;e] 1948 ¼1948 dk 16½ dh vuqlwph ds Hkkx&1 esa Øe la- 72 ds dkWye 2 vkSj 3 dh ekStwnk izfof"V;ksa esa

jktLFkku MsaVy dkWyst ,oa vLirky] t;iqj ds lkeus jktLFkku LokLF; foKku fo'ofo|ky;] t;iqj n~okjk iznÙk nar fpfdRlk dh fMxzh dh

ekU;rk ds laca/k esa fuEufyf[kr izfof"V;ksa dks 'kkfey fd;k tk,xk uker%&

ekWLVj vkWQ MsaVy ltZjh

isfj;ksMksaVksykWth

,eMh,l ¼isfj;ks½] jktLFkku LokLF;

¼3 lhVksa lfgr] ;fn 21-6-2014 dks ;k mlls igys iznku dh xbZ gksa½

foKku fo'ofo|ky;] t;iqj

daljosfVo MsafVLVjh vkSj ,aMksMksfUVd

,eMh,l ¼dal- MsafVLVjh½] jktLFkku

¼3 lhVksa lfgr] ;fn 24-6-2014 dks ;k mlls igys iznku dh xbZ gksa½

LokLF; foKku fo'ofo|ky;] t;iqj

vksFkksZMksafVDl ,aM MsaVksQSflyk vkFkksZisfMDl

,eMh,l ¼vksFkksZ½] jktLFkku LokLF;

¼3 lhVksa lfgr] ;fn 26-6-2014 dks ;k mlls igys iznku dh xbZ gksa½

foKku fo'ofo|ky;] t;iqj

vksjy esfMflu ,aM jsfM;ksykWth

,eMh,l ¼vksjy esfM-½] jktLFkku

¼3 lhVksa lfgr] ;fn 28-6-2014 dks ;k mlls igys iznku dh xbZ gksa½

LokLF; foKku fo'ofon~;ky;] t;iqj

izksLFkksMksfUVDl vkSj Økmu ,aM fczt

,eMh,l ¼izksLFkks½] jktLFkku LokLF;

¼3 lhVksa lfgr] ;fn 28-6-2014 dks ;k mlls igys iznku dh xbZ gksa½

foKku fo'ofo|ky;] t;iqj

[la- oh&12017@24@2009&MhbZ ¼Hkkx&1½]

lq/khj dqekj] voj lfpo

3368

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

MINISTRY OF HEALTH AND FAMILY WELFARE

New Delhi, the 25th February, 2015

S.O. 1608.—In exercise of the powers conferred by Sub-section(2) of section 10 of the Dentists Act, 1948 (16 of 1948),

the Central Government, after consultation with the Dental Council of India, hereby, makes the following amendments in

Part-I of the Schedule to the said Act, namely:—

2. In the existing entries of column 2&3 of Serial No. 72 in Part-I of the Schedule to the Dentists Act, 1948 (16 of 1948)

pertaining to recognition of Dental Degrees awarded by Rajasthan University of Health Sciences, Jaipur against Rajasthan

Dental College and Hospital, Jaipur, the following entries shall be inserted thereunder:—

Master of Dental Surgery

Periodontology

MDS (Perio), Rajasthan University of

(with 3 seats if granted on or after 21.6.2014)

Health Sciences, Jaipur

Conservative Dentistry and Endodontic

MDS (Cons. Dentistry), Rajasthan

(with 3 seats if granted on or after 24.6.2014)

University of Health Sciences, Jaipur

Orthodontics & Dentofacila Orthopaedics

MDS (Ortho.) Rajasthan University of

(with 3 seats if granted on or after 26-6-2014)

Health Sciences, Jaipur

Oral Medicine & Radiology

MDS (Oral Med.) Rajasthan University

(with 3 seats if granted on or after 28.6.2014)

of Health Sciences, Jaipur

Prosthodontics and Crown & Bridge

MDS (Prostho) Rajasthan University of

(with 3 seats if granted on or after 28.6.2014)

Health Sciences, Jaipur

[No. V-12017/24/2009-DE(Pt-I)]

SUDHIR KUMAR, Under Secy.

d`f"k ea=ky;

¼d`f"k ,oa lgdkfjrk foHkkx½

ubZ fnYyh] 12 vxLr] 2015

dk-vk- 1609-—dsUnzh; ljdkj] jktHkk"kk ¼la?k ds 'kkldh;

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

¼4½ ds vuqlj.k esa d`f"k ,oa lgdkfjrk foHkkx] d`f"k ea=ky; ds

Lok;Rr fudk; ukfj;y fodkl cksMZ] dksph ds iz'kklfud

fu;a=.kk/khu fuEufyf[kr dk;kZy;ksa dks ftlds 80% deZpkjh o`Un us

fgUnh dk dk;Zlkk/kd Kku izkIr dj fy;k gS] vf/klwfpr djrh gS %µ

1- ukfj;y fodkl cksMZ] jkT; dsUnz] jksM la- 16] tsM ysu] okxys

,LVSV] Bk.ks] egkjk"Vª&400 604

2- ukfj;y fodkl cksMZ] izn'kZu&lg&cht mRiknu QkeZ] 149]

vacsMdj uxj] Mkiksyh] lrifr ,lvks iky?kj] egkjk"Vª&401405

3- ukfj;y fodkl cksMZ] izn'kZu&lg&cht mRiknu QkeZ] osfxokM+k

¼xkao½ edku la- 688] rfMdykiqMh ¼}kjk½ if'pe xksnkojh ¼ftyk½

vka/kz izns'k&534 452

[la- 3&3@2011&jk-Hkk-uhfr]

jkts'k dqekj flag] la;qDr lfpo

MINISTRY OF AGRICULTURE

(Department of Agriculture and Cooperation)

New Delhi, the 12th August, 2015

S.O. 1609.—In pursuance of Sub-Rule (4) of the Rule

10 of the Official Language (Use for Official Purposes of

the Union) Rules, 1976 the Central Government hereby

notifies the following offices which is under the

adminstrative control of the Coconut Development Board,

Cochi, an autonomous body of the Department of

Agriculture & Cooperation, Ministry of Agriculture,

whereof 80% staff have acquired the working knowledge

of Hindi-

1. Coconut Development Board, State Centre, Road

No. 16, Z Lane, Wagle Estate Thane, Maharashtra - 400 604

2. Coconut Development Board, Demonstration cum

Seed Production Farm, 149 Ambedkar Nagar, Dapoli, Satpati

SO Palghar, Maharashtra - 401 405

3. Coconut Development Board, Demonstration cum

Seed Production Farm Vegivada (Village) P.O. House

No. 688 Tadikalapudi (Via) West Godavari (Dist.) Andhra

Pradesh-534 452

[No. 3-3/2011-Official Language Policy]

RAJESH KUMAR SINGH, Jt. Secy.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 15] [email protected] 24] 1937

3369

izoklh Hkkjrh; dk;Z ea=ky;

ubZ fnYyh] 10 vxLr] 2015

dk-vk- 1610-—mRizokl vf/kfu;e] 1983 ¼1983 dk 31½

dh /kkjk 3 dh mi/kkjk ¼1½ }kjk iznRr 'kfDr;ksa dk iz;ksx djrs gq,]

dsUnzh; ljdkj ,rn~}kjk Jh eksguh'k oekZ] vkbZñvkjñ,lñ

¼vkbZ-Vh-% 1987½] dks rRdky izHkko ls 5 o"kks± dh vof/k ds fy, ;k

vkxkeh vkns'kksa rd] tks Hkh igys gks] izoklh Hkkjrh; dk;Z ea=ky; esa

mRizokl egklaj{kh ds :i esa fu;qDr djrh gSA

[lañ ,ñ 42015@16@2015&ih-,-]

lqrik etwenkj] vkfFkZd lykgdkj

MINISTRY OF OVERSEAS INDIAN AFFAIRS

New Delhi, the 10th August, 2015

S.O. 1610.—In exercise of the powers conferred by sub-

section (1) of Section 3 of the Emigration Act, 1983 (31 of

1983), the Central Government hereby appoints

Shri Mohanish Verma, IRS (IT:1987) in the Ministry of Overseas

Indian Affairs as Protector General of Emigrants, Ministry of

Overseas Indian Affairs with immediate effect for a period of

five years or until further orders, whichever is earlier.

[No. A. 42015/16/2015-PA]

SUTAPA MAJUMDAR, Economic Advisor

lapkj vkSj lwpuk izkS|ksfxdh ea=ky;

¼nwjlapkj foHkkx½

¼jktHkk"kk izHkkx½

ubZ fnYyh] 10 vxLr] 2015

dk-vk- 1611-—dsUnzh; ljdkj] jktHkk"kk ¼la?k ds 'kkldh;

iz;kstuksa ds fy, iz;ksx½ fu;e] 1976 ¼;Fkk la'kksf/kr] 1987] 2007

rFkk 2011½ ds fu;e 10 ¼04½ ds vuqlj.k esa nwjlapkj vfHk;kaf=d

dsUnz ¼VhbZlh½] nwjlapkj foHkkx] ftlesa 80 izfr'kr ls vf/kd

deZpkfj;ksa us fganh dk dk;Zlk/kd Kku izkIr dj fy;k gS] dks ,rn~}kjk

vf/klwfpr djrh gSA

2- ;g vf/klwpuk jkti= esa izdk'ku dh rkjh[k ls ykxw gksxhA

[lañ bZ&11016@01@2015&jktHkk"kk]

lqjs'k pUnz 'kekZ] mi egkfuns'kd ¼lh-,.M ,-½

MINISTRY OF COMMUNICATIONS AND

INFORMATION TECHNOLOGY

(Department of Telecommunications)

New Delhi, the 10th August, 2015

S.O. 1611.—In pursuance of rule 10(4)of the Official

Languages (use for official purposes of the Union) Rules,

1976 (as amended 1987, 2007 and 2011), the Central

Government hereby notifies the Telecom Engineering Centre

(TEC.) Department of Telecom, where more than 80% staff

have acquired working knowledge of Hindi.

2. This notification shall come into force from the date

of its publication in the Official Gazette.

[No. E-11016/1/2015-O.L.]

SURESH CHANDRA SHARMA, DDG (C.&A.)

;qok dk;ZØe vkSj [ksy ea=ky;

ubZ fnYyh] 5 vxLr] 2015

dk-vk- 1612-—dsUnzh; ljdkj ,rn~}okjk jktHkk"kk ¼la?k ds

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

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

v/khuLFk dk;kZy; jk"Vªh; lsok ;kstuk {ks=h; funs'kky;] y[kuÅ

¼mRrj izns'k½ ftlds 80% ls vf/kd deZpkjhc`an us fganh dk

dk;Zlkèd Kku izkIr dj fy;k gS] dks vf/klwfpr djrh gSA

[feñ lañ 11011@2@2008&fgñ,ñ]

,lñ ,yñ ehuk] mi lfpo

MINISTRY OF YOUTH AFFAIRS AND SPORTS

New Delhi, the 5th August, 2015

S.O. 1612.—In pursuance of sub rule (4) of Rule of 10

of Official Language (use for official purpose of the Union)

Rule 1976, the Central Government hereby notified National

Service Scheme Regional Directorate, Lucknow a

Subornidate office of Ministry of Youth Affairs & Sports,

whereof more than 80% staff have acquired working

knowledge of Hindi.

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

S. L. MEENA, Dy. Secy.

Je ,oa jkstxkj ea=ky;

ubZ fnYyh] 24 flrEcj] 2014

dk-vk- 1613-—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 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 250@99½ dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 22@09@2014 dks izkIr gqvk FkkA

[lañ ,y&42011@37@99&vkbZvkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

MINISTRY OF LABOUR AND EMPLOYMENT

New Delhi, the 24th September, 2014

S.O. 1613.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (I.D. No. 250 of 99) of the

Central Government Tribunal cum Labour Court, Kanpur

now as shown in the Annexure in the Industrial Dispute

3370

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

between the employers in relation to the management of

the Deputy Superintending Archaeological Survey of India

and their workman, which was received by the Central

Government on 22/09/2014.

[No. L-42011@37@99-IR(DU)]

P.K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE SRI RAM PARKASH, PRESIDING OFFICER,

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

CUM LABOUR COURT, KANPUR.

INDUSTRIAL DISPUTE No. 250 of 99

Sri Surender Singh,

President,

Bhartiya Puratatva P rekshan Karamchari Parishad,

(INTUC) 68 Sector, 16,

Sikandra, Agra.

And

Superintending Archaeologist,

Archealogical Survey of India,

Agra Circle, 12,

Mall Aga Cantt.

AWARD

1. Central Government Mol, New Delhi, vide notification

No. L-42011/37/99-IR (DU) dated 13.09.99, has referred the

following dispute for adjudication to this Tribunal.

2. Whether the action of the Suptd. Archaeologist ASI,

Agra Circle in not regularizing the services of 58 workers

working in Tajmahal and Etmadudaulla is legal and justified?

If not to what relief are entitled?

3. There is a reference for regularization of services of

58 workers as mentioned in the enclosed list.

4. Aftaer exchange of pleading between the parties the

case was fixed for evidence of the parties. But none of the

parties appeared in the case despite providing adequate

opportunities to them for adducing their respective

evidence in support of their case.

5. Therefore, it is a case of no evidence from either side.

6. The documents filed by both the parties have been

perused by me. The claimant has filed 9 documents vide

list 16/1, mostly all these documents are photocopies and

there is no supporting evidence against these documents.

Similarly claimant has filed 10 documents vide list 19/2 and

these are also photocopies. Unless supported by any

cogent evidence these documents cannot be read as a

evidence. Opposite party has filed 2 documents vide paper

no. 40/1.

7. I have thoroughly examined the evidentiary value of

these documents cognizance cannot be taken of these

documents.

8. It is therefore, concluded that neither the union nor

the management is inclined to press their claim before the

tribunal. Under the facts and circumstances of the case,

the reference is bound to be decided against the Union in

the absence of cogent and plausible evidence, as the

burdent lies on the Union to prove its case before the

tribunal but they have failed to do so.

9. Therefore, the reference is decided against the Union

and in favour of the management.

10. Reference is answered accordingly.

dt. 31.12.2013

RAM PARKASH, Presiding Officer.

'kqf)&i=

ubZ fnYyh] 4 vxLr] 2015

dk-vk- 1614-—bl ea=ky; dh fnukad 09-05-2006 dh vf/

klwpuk dkñvkñ lañ&2010 ¼Hkkjr ds jkti= ds Hkkx&2] [kaM&3]

mi&[kaM (ii) esa 14 ebZ] 2006 dks izdkf'kr½ esa mfYyf[kr ^flgksj* ds

jktLo {ks= dk yksi gks tk,xkA

[lañ ,l&38013@70&2014&,lñ,lñ I ]

vt; efyd] voj lfpo

CORRIGENDUM

New Delhi, the 4th August, 2015

S.O. 1614.—In this Ministry's Notification S.O. No.

2010 dated 09.05.2006 (published in Part-2, Section-3, Sub-

Section(ii) of the Gazette of India on 14th May, 2006), the

revenue area of 'Sihor' Mentioned therein shall stand

omitted.

[No. S-38013@70&2014-SS-I)]

AJAY MALIK, Under Secy.

ubZ fnYyh] 6 vxLr] 2015

dk-vk- 1615-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ,p,,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 2] eqEcbZ ds ¼lanHkZ la[;k 2@24 vkWQ 2008½ dks izdkf'kr djrh

gS] tks dsUnzh; ljdkj dks 06@08@2015 dks izkIr gqvk FkkA

[lañ ,y&42012@168@2005&vkbZvkj ¼lh,e&II)]

jktsUnz flag] vuqHkkx vf/kdkjh

New Delhi, the 6th August, 2015

S.O. 1615.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. 2/24 of 2008) of the of

the Cent. Govt. Indus. Tribunal cum Labour Court,No. 2,

Mumbai as shown in the Annexure, in the industrial

dispute between the management of Hindustan

Aeronautics Limited, and their workmen, received by the

Central Government on 06/08/2015.

[No. L-42012@168@2005-IR(CM-II)]

RAJENDER SINGH, Section Officer

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 15] [email protected] 24] 1937

3371

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO. 2, MUMBAI

PRESENT

K.B. KATAKE,

Presiding Officer

REFERENCE NO. CGIT-2/24 OF 2008

EMPLOYERS IN RELATION TO THE

MANAGEMENT OF HINDUSTAN AERONATIUCS

LTD.

The Chief Manager (P & A)

Hinustan Aeronautics Ltd.

Ojhar Township (PO)

Nasik MS 422 207

AND

Their Workmen

The Vice President

Nashik Workers Union

CITU Centre

Thombak Road

Sathpur

Nasik (MS)-422 206

APPEARANCES:

For the Employer

:

Mr. Abhay Kulkarni,

Advocate

For the Workmen

:

Mr. R.S. Pande,

Representative.

Mumbai, the 9th February, 2015

AWARD

The Government of India, Ministry of Labour &

Employment by its Order No. L-42012/168/2005-IR (CM-II),

dated 07.04.2008 in exercise of the powers conferred by

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

Section 10 of the Industrial Disputes Act, 1947 have referred

the following industrial dispute to this Tribunal for

adjudication:

Ref.CGIT-2/24 of 2008

"Whether the demand of the Nashik workers' Union for

absorption of contract labourers, as per list enclosed is

legal and justified? If so, to what relief are they entitled

to ?"

List of workmen

Stores Department

1.

Kandekar Bajirao Murlidhar

2.

Chaudhari Laxman Shivram

3.

Dhiklar Bhausaheb Laxman

4.

Bhavar Yashwant Puja

5.

Jagtap Vilas Madhay

6.

Vangurde Vasant Popat

7.

Pagar Pradip Shankar

8.

Survanshi Arun Popat

9.

Gangurde Rajaram Janardhan

10.

Jadhav Madhukar Kachru

11.

Jadhav Balu Barku

12.

Hire Ramcharndra Nivrutti

13.

Randhir Vasant Chaburao

14.

Nevkar Bharat Kishore

15.

Kadam Dhatera Ganpat

16.

Sonwane Bhausaheb Bajunath

17.

Here Ashok Kashiram

18.

Gangurde Suresh Muridhar

19.

Pathade Balasaheb Dattaray

20.

Potinde Ramkisan Waman

21.

Bhandande Nivrutti Lohu

22.

Nikam Bal Srishna

23.

Dhikale Vasant Tukaram

24.

Bairagi Babandas Ramdas

25.

Shinde Shivaji Bhimrao

26.

Kale Haricharnra Shankar

27.

Navre Ramesh Annaji

28.

Birari Bapu Pandharinath

29.

Loknar Bharat Bhaugi

30.

Pathak Arun Ganesh

31.

Kakad Gulab Kashiram

32.

Padangle Rama Yashwant

33.

Mandlik Sashshiv Ramcharndra

34.

Kshirsagar Bhaskar Chabu

35.

Dhorte Badu Shankar

36.

Loknar Anil Dhanaji

37.

Dhotre Sitaram Shankar

38.

Ghule Ramesh Punjaji

39.

Chaure Ramchandra Kashinath

40.

Jadhav Raosaheb Eknath

41.

Ugle Sahebrao Rambhau

42.

Murdhanar Uttam Waman

43.

Waghmare Rajendra Kauduiji

44.

Sonwane Arun Kishan

45.

Dengle Balkrishna Dagu

3372

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

46.

Gholap Kashinath Dagu

47.

Loknar Santu Dhanaji

48.

Tajane Shankar Haribhau

49.

Gite Ashok Rakmaji

50.

Warde Daulat Murlidhar

51.

Nikam Balu Dhamuji

52.

Rumaje Shantaram Ghagu

53.

Khare Pradip Hiraman

54.

Chaudhari Balu Shivram

55.

Palsande Shankar Sitaram

56.

Loknar Bhikaji Thakaji

57.

Wani Anil Murlidhar

58.

Ahire Ramesh Trambak

59.

Gangurde Gangadhar Puja

60.

Jadhav Dattu Mahadu

61.

Gaikwad Jagannath Barku

62.

Berad Raghu Sahud

63.

Mojad Davidas

64.

Mahajan Jagdish Shivram

65.

Pathan Shabir Noorkhan

66.

Shaikh Baba Chank

67.

Thakare Balu Budhaji

68.

Nisal Kisan Sukha

69.

Jagtap Prabhakar Trimbak

70.

Waghchaure Ramesh Yashwant

71.

Nagvekar Gangaram Narayan

72.

Nikam Kandu Baliram

73.

Bhalerao Ashok Raghunath

74.

Birari Gangadhar Nimba

75.

Guthale Rohidas Bhikaji

76.

More Vasant Dagaji

77.

Ahire Eknath Fakira

78.

Kadam Chndhu Ramchandra

79.

Kshirsagar Vitthal Ganpat

80.

Rajput Dhamu Surshing

81.

LahangeBhaskar Rambhau

82.

Pawar Tulshiram Kashinath

83.

Kongari Vincent Marthin

84.

More Pandurang Khanderan

85.

Lande Baban Deoram

86.

Gaikwad Bapu Sadhipan

87.

Shingade Chabu Bhimrao

88.

Maule Sakharam Kashinath

89.

Randhir Ashok Chaburao

90.

Pimpre Ashok Shankar

91.

Gagjap Dilip Nivarutti

92.

More Rajaram Dagu

93.

Tamble Dilip Popat

94.

Lokanar Ramesh Bhaguji

95.

Navagire Dattaray Laxman.

96.

Chaure Naran Kashinath

97.

Lokhande Balkrishna Baburao

98.

Jadhav Ravindra Vasant

99.

Rokade Vinayak Valchand

100.

Rokade Saheb Walchand

101.

Battse Ashok Shankar

102.

Loknar Balu Dhauji

103.

Gumbade Somnath Kashinath

104.

Rajole Hari Vishram

105.

Bairagi Satyrao Adapa

106.

Rajkar Chandrakant Lala

107.

Jejurkar Dashrath Karbhari

108.

Ahire Hiralal Bhila

109.

Ahire Rajendra Baburao

110.

Somwanshi Anna Murlidhar

111.

Gaware Pandit Nimba

112.

Gaikwad Gautam waman

113.

.............................................

114.

Hadole Ramdas Mohniraj

115.

Loknar Bakerao Baghugi

116.

Jadhav Kisan Ramchandra

117.

Sharma Nimai Chandra

118.

Daspute Balchandra Vishwanath

119.

Kadbhane Punja Rajaram

120.

Nimbalkar Anna Saheb

121.

Patil Prabhakar Vanket

122.

Gaikwad Chandrakant Gandha

123.

Kanade Rajendra Shankar

124.

Thair Shaikh Abadi

125.

Avhad Santosh

126.

Wani Shehlala Arun

127.

Jain Mahandrakumar Harkchand

128.

Sonwane Prakash Namdeo

129.

Kadam Parshuram Balkrishna

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 15] [email protected] 24] 1937

3373

130.

Tajanpure Sunil Khanderao

131.

Dudhe Suman Gobind

132.

Jagtap Bharat Murlidhar

133.

Chajed Ashokkushal Chand

134.

Gasavi Atmaram Ashruba

135.

Bhandare Navnath Namdeo

136.

Sutar Hanumant Kashinath

137.

Dhikale Santosh Rajaram

138.

Mahale Uddhav Janardhan

139.

Kankariya Subhash Babulal

140.

Kolapkar Sharada Ramesh

141.

Jagtap Kailash Guman

142.

Ahire Virendrasing Sardar

143.

Prihar Gajendra Baldas

144.

Barve Bandhu Ramchandra

145.

Mahajan Sanjay Ambadas

146.

Jadhav Mahendra Pandhari

147.

Lokhande Dilip Madhav

148.

Salve Sidharth Sadhu

149.

Kothari Majoj Chandmal

150.

Arote Vllaya Eknath

151.

Shaikh Abid Haroon

Horticulture Deptt.

1.

Ambadas Hari Korde

2.

Chindu Dhondiram Bhongade

3.

Sashinath Murlidhar Jadhav

4.

Shripat Ramchandra Gaikawd

5.

Arun Damodhar Gholap

6.

Parbat Soniram Kokate

7.

Mohan Nathu Pagare

8.

Prakash Murlidhar Gaikwad

9.

Bhausaheb Pundlik Aragade

10.

Laxmibai Gangaram Ahire

11.

Tarabal Sampat Nikam

12.

Sakhubai Shankar Wagh

13.

Reshmabai Sakharam Mahale

14.

Anjanabai Bhima More

15.

Mahadu Kashinath Pradhan

16.

Dinkar Mohram Potinde

17.

Dinkar Punja Satale

18.

Yaday Mahadu Bhoj

19.

Gangadhar Eknath Lahange

20.

Shankar Chandrakant Shingade

21.

Raghunath Dhondiram Gangurde

22.

Santu Pandu Kadale

23.

Rangnath Rambhau Lahange

24.

Murlidhar Ramji Waghire

25.

Ravsaheb Rangnath Chandore

26.

Gangaram Trambak Nisal

27.

Pandurang Chimna Raut

28.

Trambak Kashinath Bhor

29.

Nanubai Shankar Gaikwad

30.

Gangugai Nivrutti Shardul

31.

Bhagubai Sitaram Dalvi

32.

Tanhubai Ramdas Dhuh

33.

Lilabai Parshuram Bhoi

34.

Hausabai Baburao Gangurde

35.

Sopan Fakira Pithe

36.

Walu Tukaram Jondhale

37.

Bhima Laxman Bendkule

38.

Bhaskar Mahadu Chaudhari

39.

Shivaji Chandrabhan Jadhav

40.

Shrawan Popat Watane

41.

Anna Bhikaji Shardul

42.

Jagnnath Bhimaji Kore

43.

Balu Kachru Gangurde

44.

Rangnath Shankar Mahale

45.

Shivaji Shankar Pawar

46.

Vijay Santosh Raut

47.

Shravan Deoram Navghire

48.

Ramdas Popat Watate

49.

Ganpat Jairam Hengade

50.

Vishnu Punja Pawar

51.

Nivrutti Walu Malode

52.

Sudam Kushba Tarle

53.

Kashnath Deoji Waghmare

54.

Shatabai Sahadu Ahire

55.

Vimalbai Shankar Gangurde

56.

Zunabai Laxman Bhavan

57.

Yamunabai Chandrakant Jadhav

58.

Gulab Vishnu Khetade

59.

Trambak Ramji Gangurde

60.

Vithal Laxman Korde

61.

Arjun Bhimaji Bhandare

3374

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

62.

Dilip Baburao Bagul

63.

Nndu Warnan Gaikwad

64.

Shivaji Raghunath Tongare

65.

Sampat Murlidhar Aher

66.

Madhukar Ganpat Jadhav

67.

Tuishiram Dada Jadhav

68.

Sankar Murlidhar Ahre

69.

Pandharinath Sitaram Mahale

70.

Yaswant Tukaram Mahale

71.

Dilip VVaman Pagar

72.

Rangnath Murlidhar Chaudhari

73.

Subhas Genda Panpatil

74.

Dattu Yashwant Shrikhande

75.

Laxman Sahadu Satale

76.

Bhaulal Laxman Wagh

77.

Vishnu Laxman Bendkule

78.

Ramu Punklik Kale

79.

Ashok Namdeo Hire

80.

Vishwanath P. Shingade

81.

Baban Rambhaj Adhav

82.

Rajubai Karbhari Barkale

83.

Prabhakar Rajaram Thorat

84.

Mangalbai Rajendra Thakare

85.

Dhondiram Nana Pawde

86.

Kausabai Vishram Gaikwad

87.

Hirabai Chabu Gabale

88.

Ramji Dhanaji Loknar

89.

Sunil Bhaskar Chaudhari

90.

Rakesh Narayan Vidhate

91.

Surendra Ranagnath Pardeshi

92.

Keshav Jagannath Chaudhari

93.

Devshingh Bhima Bagul

94.

Ramnath Ranoba Zhade

Maintenance & Aircraft cleaning/depainting work

1.

Sharad Shankar Ptambare

2.

Ramu Kondoji Mali

3.

Tanaji Bhimaji Gaikawad

4.

Raman Gopal Vaidhya

5.

Dilip Popat Bhalerao

6.

Ramesh Ashok Wawle

7.

Ramkisan Vishram Lokhande

8.

Muktar Chand Attar

9.

Shashikant Santosh Iste

10.

Milind Jaywant Salve

11.

Subhash Punjaji Pawar

Garbage contract—Factory work.

1.

Nitin Jagannath Mandale

2.

Sanjay Mahadev Shelar

3.

Kisan Narayan Kedare

4.

Sanjay Nandu Sonwane

5.

Babaji Punjaji Jadhav

6.

Dattaray Honaji Gawali

7.

Serpuddin jamalludin Shaikh

8.

Ramesh Bajirao Ahre

9.

Prakash Jagnnath Jagtap

10.

Kashinath Pandharinath Kedare

11.

Devanand Shidhar Kale

12.

Anant Jagannath Dhikale

13.

Shahebrao Bhimrao Ahire

14.

Sukadeo Tudaram Bodke

15.

Yusuf Gafure Shaikh

16.

Rajendra Sadashiv Chandramore

17.

Ashok Subhash Bankar

18.

Shukat Gulamali Sayyad

19.

Anil Ramrao Kandekar

2.

After receipt of the reference both parties were

served with notices. They appeared through their

representatives. The second party Union filed its statement

of claim at Ex-5. According to the union, the first party is

Central Govt. undertaking having more than 5000 permanent

employees. They have employed some 700/800 employees

as casual workers. Some of them were employed since 1976.

Many of them retired due to superannuation. Some of them

are employed since 1984. They are employed in various

departments of the first party. They are doing work of

perennial nature as like the regular workers. Till 1995 they

were branded as casual workers and company was paying

them even less than minimum wages. Till 1995 their

Provident Fund was credited with the company's Trust. In

the year 1995 company decided to separate them from

company P.F. and opened P.F. Account with Regional P.F.

Commissioner, Nashik. These workmen are the members of

the union since prior to 1995. Since 1995 company started

paying them minimum wages. About 85 workmen were

working in canteen till 2001. Till then the canteen was run

by the company. In 2001 they handed over the canteen to

contractor and the workmen therein were shifted to factory

in regular production work. Some of these workmen are

working in Transport Department. Some are in Storing

Fixtures for the purpose of jobs. Some were engaged in

¹Hkkx IIó[k.M 3(ii)º

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3375

Maintenance Deptt, Sanitary Deptt., Electrical Deptt.,

Hospital, Horticulture, Aircraft Cleaning and Garbage.

There are also permanent workmen working in these

departments. Their work is of perennial nature. However

the company is not paying them pay and wages at par with

the permanent workmen. Since 1995 company has started

inducting contractors. In fact the contractors are bogus

and camouflage merely to deprive these workmen from

getting their legitimate right of permanency. In fact all these

workmen were directly working under the supervision of

officials of the company. Their wages were paid by the

company. They were given subsidized canteen facility, bus

facility and hospital facility of the company. The contractors

are nominal and bogus. The union requested the company

to make these workmen permanent in the service and to

pay them the pay and extend other facilities at par with the

regular and permanent employees to which company

refused. Therefore the union has raised industrial dispute.

As conciliation failed, on report of ALC@, the Central

Labour Ministry sent the Reference to this Tribunal. Union

therefore prays for declaration that, the contract labour

system in the company is not genuine. It is mere paper

arrangement. They also pray that the company be directed

to make them permanent and pay them wages with all other

facilities at par with the regular employees of the first party

company and they be absorbed in the services of the

company.

3. The first party resisted the statement of claim vide its

written statement at Ex-7. According to the first party, the

Reference in the present form is not tenable in law. They

further contended that the union is not recognized at the

Ojhar unit of the company. The dispute raised by the union

is not a bona fide dispute. It is raised merely to gain foothold

in the establishment of the company. There is no dispute

between the permanent workers with the management. The

members of the union are not employees of the company.

There is no employer-employee relationship between them.

Therefore the dispute is not tenable. The union has no

locus-standi to espouse the alleged cause of contract

labourers. The members of the union are all contract

labourers and thus dispute is not tenable. Even the contract

labourers have no dispute with the management. The first

party is a Govt. company and cannot recruit employees

without following the recruitment process. Such a back

door entry is not permissible in the Public Undertaking.

The employer cannot be directed to create vacancy. Without

vacancy there cannot be direction for regularisation. The

contractors are not sham or bogus. On the other hand they

are genuine contractors. They are providing services to

some other companies also. The service conditions of

contract labourers are governed by terms of contract of

employment. They cannot raise industrial dispute of this

nature. The contractors have maintained all the documents

in respect of the contract labourers. Dispute in some other

establishment raised by the contract labourers came to be

rejected. By amendment the first party further contended

that many of the contract labourers have ceased to perform

their duties on account of resignation, retirement, etc. The

contractors have given information to that effect and such

persons are not entitled to any relief and their name required

to be deleted from the list of workmen. Management

therefore submitted that the second party be directed to

furnish the list of workmen who have been ceased to

perform their duties in the establishment. They denied all

the allegations in the statement of claim. They denied that

these workmen are recruited by them as casual labourers.

They denied that subsequently they have inducted the

contractors merely to deprive them from getting the benefits

under labour legislation. They have denied that the labour

contracts are sham and bogus and mere camouflage or a

mere paper work to deprive these workmen from getting

the benefits of permanent employees. Thus they pray that

the reference be dismissed with cost.

4. The second party union has filed rejoinder at Ex-8.

They have replied the new points raised by the first party

in their written statement. They have denied all the

allegations made in the written statement and reiterated

the contents in the statement of claim.

5. Following are the issues for my determination. I record

my findings thereon for the reasons to follow:

Sr.No. Issues

Findings

1.

Whether there exists employee-

Yes.

employer relationship between

the workmen under reference

with the first party company?

2.

Whether the labour contracts

Yes.

are sham, bogus and mere

paper work?

3.

Whether the workmen under

Yes.

reference are entitled to be

regularised in the services of

the first party?

4.

What relief the workmen are

As per final order.

entitled to?

REASONS

Issues Nos. 1 & 2:—

6. Both these issues are interconnected. Therefore in

order to avoid repetition of discussions, they are discussed

and decided simultaneously. In this respect it was submitted

on behalf of the first party that the workmen under reference

are contract labourers therefore they cannot raise the

industrial dispute.

7. The Ld. Adv. for the first party further submitted that

all the contracts are genuine. They have issued

advertisements in different news papers calling upon the

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THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

tenders from contractors. The contractors have submitted

their tenders. Officials of the first party have examined all

the documents of the contractors such as their registration,

partnership agreement, income tax return of the firm for the

last three years etc. Thereafter the company has accepted

the lowest tender. The contract was for 12 months. All the

contractors are duly registered and have complied with all

the documents. The documents pertaining to the

contractors are placed on record and are exhibited and

they are not disputed even by the representative of the

second party. In the circumstances, it is submitted that the

contractors cannot be called mere paper work, sham or

bogus as has been contended on behalf of the second

party. Further it was also pointed out that the WW-1 Mr.

Dilip Pagare has admitted in his cross at Ex-62 that, there is

no employer-employee relationship of the workman with

the company. In this respect I would like to point out that

this stray admission seems to have given inadvertently or

due to some misunderstanding. The workman is not a

learned person he is educated only up to sixth std. He is

almost illiterate and not very wise to reply cleverly. Therefore

his reply need not be treated as admission as such to record

the finding on the point. In this respect I would like take in

to account the pleadings, other evidence and all the

circumstances on record. It is the throughout case of the

second party that they are the employees of the company

and contractors are inducted subsequently and after 1995

merely to deprive them from getting their legitimate rights.

In short all the facts, circumstances and evidence cannot

be washed away by this stray admission. Therefore this

admission or any admission of like nature need not be

given undue importance.

8. In this respect it was submitted on behalf of the

second party that they are not disputing the eligibility and

competency of the contractors. They are also not disputing

the documents of the contractors. They may be duly

registered, etc. According to them these workmen were

recruited directly by the first party since 1984 and some of

the workmen were also employed since 1976. Many of them

retired. All of them were recruited directly by the company.

Till 1995 first party was making their payments directly and

their P.F. was also credited with the Provident Fund Trust

of the company.

9. Therefore according to them they are direct employees

of the first party and the contractors are inducted

subsequently. They are mere name lenders. It is their case

that, the labour contracts are sham, bogus and mere paper

work. The Ld. Adv. for the second party further submitted

that in such circumstances such workmen who are shown

contract labourers by the company can very well raise

industrial dispute. In support of his argument Ld. Adv.

resorted to Apex Court ruling in Steel Authority of India

Ltd. V/s. Gujarat Mazdoor Panchayat 2004 II LLJ 970

wherein the Hon'ble Court observed that:

"The position of law, which emerges from the

reported decisions of the Supreme Court is that

workmen working under a contractor are entitled

to raise a demand that they should be declared as

workmen of the principal employer. It is always open

to the workmen concerned to place materials before

the Industrial adjudicator to show that the contract

between the principal employer and the contract

labourer is sham or not genuine and claim

declaration that they were always the employees of

the principal employer and are entitled to

appropriate service conditions."

10. Relying on the above Apex Court Judgement, Hon'ble

Bombay High Court in Sudarshan Chemical Industries

Ltd. V/s. Labour Commissioner & Ors (2013 III CLR

530) observed that;

"Where contract was found sham and nominal rather

a camouflage in which case contract labourer

working in the establishment of principal employer

was held in fact and in reality the employee of the

principal employer himself. Indeed such cases do

not relate to abolition of contract labour but present

instances wherein the court pierced the veil and

declared the contract position as a fact at the stage

after employment of contract labour stood

prohibited."

In para 6 of the judgment by referring the Apex Court

ruling, the Hon'ble Court further observed that;

"Thus, in substance, the Apex Court held that when

the contract is found to be sham or camouflage,

question of abolition of contract labour does not

arise inasmuch as in reality, contract does not exist.

In such case the employees who are allegedly shown

as employees of the contractor are in fact the direct

employees of the principal employer."

11. In this respect Ld. Adv. for the first party submitted

that Hon'ble Bombay High Court in Writ Petition No. 1580

of 2012 Association of Engineering Workers V/s.

Richardson & Cruddas (1972) Ltd. in the similar

circumstances and evidence upheld the finding of the

Tribunal saying that, it has rightly decided that the

24 workmen therein were contract labourers and were not

the employees of the first party. In this respect I would like

to point out that the Hon'ble Court in this judgment para 8

thereof in respect of the evidence therein has observed

that;

"The evidence of Shri Mohite as indicated above is

too skeletal. In the statement of claim it is not

mentioned that, when the workers were engaged

for the first time and the dates of their termination.

It is in the evidence that an annexure is to be sought

to be produced. It is well settled that the evidence

without pleading is of no avail. In the light of the

¹Hkkx IIó[k.M 3(ii)º

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3377

evidence which is on record, in my view the finding

of fact recorded by the Tribunal cannot be faulted

with."

12. In this respect it is rightly pointed out on behalf of

the second party that, in the case at hand, it is specifically

pleaded in the statement of claim that these workmen are

working since 1984. Some of them have even retired who

were working since 1976. It is specifically contended in the

statement of claim that, since 1995 onward, the first party

started inducting the contractors. In this case second party

has not admitted that they are the employees of the

contractors. On the other hand they have given the details

since when they are working with the first party. In the

circumstances the ratio laid down in the above referred

ruling is not applicable to the set of facts of the case at

hand.

13. In this respect Id. Adv. for the second party pointed

out that, specific question was asked to MW-1, Mr. Anil

Vaidya in his cross examination (Ex-68). He replied that he

does not remember the exact date when they were registered

under Contract Labour (Regulation and Abolition) Act 1972.

He also replied that he does not know as to whether all

these workmen are working with HAL since much prior to

their registration under the said Act and also prior to the

license of the contractor. He also does not know as to

whether till 1995 P.F. amount of these workmen was

deposited in the fund of the company. The documents in

respect of Labour Contracts are of recent years and after

1995. It indicates that initially since 1976 up to 1995, the

workmen were recruited directly by the company and they

were under the full control of the company for all purposes.

It seems that in 1995 company has registered under Contract

Labour (Regulation and Abolition) Act, 1972 and thereafter

they have started inducting contractors. The contractors

were also inducted periodically for 12 months. However

the workmen are the same working continuously for years

together. Many of them are working since 1984. Some of

them are recruited in 1986 and thereafter. All of them were

recruited by the company and the company was paying

them directly. The first party use to credit their P.F. in the

PF Trust Account of the company. The contractors were

inducted subsequently. Every 12 months contractors were

changed, however the same workmen are working

continuously for number of years. Some of them are even

retired, who were recruited in the year 1976. All these facts

indicate that the first party has inducted contractors

subsequently merely to deprive these workmen from getting

their legitimate protection under the Labour Legislation

including the right of permanency.

14. In short in the light of above discussion and for

following facts, I hold these workmen are the employees of

the first party. (1) Initially since 1976 the company was

recruiting the employees directly for various works

mentioned above. These employees were recruited since

1984 onwards and the company stared inducting the

contractors since 1995 onwards. (2) Till 1995 the company

was paying the wages to the workers directly. (3) The

contractors were changed periodically whereas the same

workmen are working continuously. (4) Till the year 1995

the P.F. of these employees was credited in the P.F. Trust

fund of the first party company. Since 1995 they opened

P.F. Account with Regional P.F. Commissioner, Nashik. (5)

The various categories of works mentioned above are all

of perennial nature. (6) Engaging workmen for work of

perennial in nature on contract basis amount to unfair labour

practice. The management can be held guilty for the same.

(7) the work of these workmen is being supervised by the

officials of the company. All these circumstances indicate

that these workmen are not employees of the contractors

but are the employees of the first party.

15. In the light of above discussions I hold that there

exists employer-employee relationship between the first

party and the second party employees. Consequently I

also hold that the periodical labour contracts of various

contractors with the first party are found to be sham, bogus

and mere paper work. Accordingly I decide these issues

nos.1 & 2 in the affirmative.

Issue no. 3

16. Now in respect of regularisation, the Id. adv. for the

first party submitted that the workman herein cannot be

regularised in public service as neither they have been

selected by following the selection procedure nor have

complied with the requisite qualification for the post. In

support of his argument the Id. adv. for the first party cited

Apex Court ruling in Secretary, State of Karnataka V/s.

Uma Devi 2006 II CLR 261 wherein Hon'ble Court on the

point held that, temporary or contract labourers cannot be

regularised in public service, it would amount to back door

entry as they are not recruited by following the recruitment

process. In this respect the Id. adv. for the second party

submitted that in that case the workmen had sought for

abolition of contract labour system and for regularisation

of the contract workmen which cannot be allowed.

Furthermore in the case at hand the workmen herein are

working for the first party continuously for more than

15/20 years. The management has violated the principle of

"equal pay equal work". Moreover the works performed

by these workmen are of perennial nature and required to

be performed by the permanent employees. Engaging

contract workers to do such types of works, amount to

unfair labour practice. Management herein has not even

taken care to seek for permanent posts of Sweepers, Drivers,

Cooks, Watchmen etc. though their work is of perennial in

nature. In this backdrop the ratio in the above referred

ruling is not attracted to the set of facts of the present case

wherein the workmen are not employees of contractors but

are the employees of first party and they are doing the

work of perennial nature for more than 15/20 years. On the

3378

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

point Id. adv. for the second party submitted that as the

various contracts entered in to are found to be sham and

bogus and the workmen are found to be the employees of

the first party and they are working continuously for years

together, therefore these workmen are entitled to get pay

and allowances at par with regular employees in the same

cadre. In support of his argument the Id. adv. for the second

party cited Apex Court ruling in UP Electricity Board V/s.

Pooranchandra Pandey and Ors. 2008 (115) FLR 1172

wherein in similar circumstances the Hon'ble Court observed

that:

"...In our opinion the decision in Uma Devi's case

(Supra) is clearly distinguishable. The said decision

cannot be applied to a case where regularization

has been sought for in pursuance with article 14 of

the Constitution."

17. The Ld. adv. for the second party further submitted

that in the light of facts, circumstances and the above Apex

Court ruling direction is required to be issued to the

employer to regularize the services of these workmen. In

support of his argument, the Ld. adv. for the second party

also cited Apex Court ruling in Steel Authority of India Ltd.

& Ors. V/s. National Union Waterfront Workers & Ors.

2001 III CLR 349 SC wherein in para 121 (5), the Hon'ble

Court observed that;

"If the contract is found to be not genuine but a

mere camouflage, the so called contract labourer

will have to be treated as employees of the principal

employer who shall be directed to regularize the

services of the contract labourer in the concerned

establishment subject to the conditions as may be

specified by it for it that purpose............."

18. In the light of the above facts, circumstances and

the ruling referred herein above I am of the opinion that,

the workmen under reference are entitled to be regularized

in the services of the first party and entitled to get pay and

allowances at par with the regular workers in the same

cadre in the company or in any public under taking. The

work performed by these workmen is of perennial nature

and it was the duty of the management to get these posts

sanctioned, from the concern authority. Neither Tribunal is

required to give direction to create posts nor first party

should continue with the present arrangement of bogus

contractors. The work of perennial nature should not be

allowed to be performed by contract workers. It is not only

exploitation of poor class in the society but also amount to

unfair labour practice. In this backdrop I hold that the union

is entitled to the reliefs prayed for. Accordingly I decide

this issue no. 3 in the affirmative and proceed to pass the

following order:

ORDER

1. The reference is allowed with no order as to cost.

2. The contracts between first party with various

contractors are declared as sham and bogus.

3. The workmen under reference are declared to be

the employees of the first party.

4. The first party is directed to regularize these

workmen in their respective services and pay them

pay and allowances at par with the regular workers

of the respective cadres working in any other

public undertaking, from the date of their

respective appointments (excluding the two years

period of probation).

5. The first party is directed to pay the 50% back

arrears in cash within 6 months from the date of

receipt of copy of award and rest of the arrears be

credited in their respective Provident Fund

Accounts.

Date: 09.02.2015

K.B. KATAKE, Presiding Officer

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[lañ ,y&42011@139@2014&vkbZ vkj ¼Mh;w½]

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New Delhi, the 6th August, 2015

S.O. 1616.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (I.D. No. 56/2015) of the Central

Government Industrial Tribunal-cum-Labour Court No. 1,

Delhi now as shown in the Annexure in the industrial

dispute between the employers in relation to the

management of the North Delhi Municipal Council and

their workmen, which was received by the Central

Government on 05/08/2015.

[No. L-42011/139/2014-IR(DU)]

P.K. VENUGOPAL, Desk Officer

ANNEXURE

IN THE COURT OF SHRI AVTAR CHAND DOGRA,

PRESIDING OFFICER, CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

NO. 1, KARKARDOOMA COURT COMPLEX, DELHI

ID No.56/2015

The Secretary,

New Delhi Nagar Palika Karamchari Union (3574),

B-58/85, Rama Road,

New Delhi-110 015

... Workman

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 15] [email protected] 24] 1937

3379

Versus

The Commissioner,

North Delhi Muncipal Council,

Palika Kendra, Parliament Street,

New Delhi

... Management

AWARD

Central Government, Vide letter No. L-42011/139/2014/

IR(DU) dated 19.01.2015, referred the following industrial

dispute to this Tribunal for adjudication:

"Are those category of the employees entitled to

receive pay and allowances as per Shiv Shankaran

Committee Report (SS Scales) who are at present not

in receipt of pay and allowances as per the said

Committee Report? If yes, with effect from which

date.

2. On receipt of the above reference, notice was sent to

the workman union as well as the managemant. None

appeared on behalf of the claimant union. Thus, it is clear

that the workman is not interested in adjudication of the

reference on merits.

3. Since the claimant union has neither put in their

appearance nor have they led any evidence so as to prove

their cause against the management, as such, this Tribunal

is left with no choice, except to pass a `No Dispute/Claim'

award. Let this award be sent to the appropriate

Government, as required under Section 17 of the industrial

Disputes Act, 1947, for publication.

Dated: July 14, 2015

A.C. DOGRA, Presiding Officer

ubZ fnYyh] 6 vxLr] 2015

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gqvk FkkA

[lañ ,y&42012@13@2012&vkbZ vkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] MsLd vf/kdkjh

New Delhi, the 6th August, 2015

S.O. 1617.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (I.D. No. 125/2012) of the

Central Government Industrial Tribunal-cum-Labour Court,

No. 1, Delhi now as shown in the Annexure in the industrial

dispute between the employers in relation to the

management of the Director General, Doordarshan Kendra

and their workman, which was received by the Central

Government on 05/08/2015.

[No. L-42012/13/2012-IR(DU)]

P.K. VENUGOPAL, Desk Officer

ANNEXURE

IN THE COURT OF SHRI AVTAR CHAND DOGRA,

PRESIDING OFFICER, CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

NO. 1, KARKARDOOMA COURT COMPLEX, DELHI

ID No.125/2012

The President,

Doordarshan Program Casual Employees Association

(Regd.),

Registered Office C 210, West Vinod Nagar

Near Primary School,

New Delhi

... Workman

Versus

The Director General,

Doordarshan Kendra,

Mandi House,

New Delhi-110 001

... Management

AWARD

Brief facts giving rise to the present reference are that

Shri Bhupinder Singh Sondhi, claimant herein, raised an

industrial dispute with the averments that he was initially

employed by the management as Floor Artiste on 05.10.1983

and continued in service without any break to the entire

satisfaction of the management. The management has been

adopting unfair labour practice of engaging and continuing

the workers as casuals, giving artificial breaks in their

service so as to continue them as casual workers for years

together. There are allegations that some of the casual

workers of the management filed OAs in Central

Administrative Tribunal (CAT) claiming regularization in

service and challenging the aforesaid practice of employing

daily wagers without making them regular and CAT, vide

its judgement dated 05.10.1990 in OA No.563 of 1986 passed

order directing the management to frame a policy for

regularization of the casual workers in service.

2. Thereafter, the management framed a policy for

regularization of the casual workers in the year 1992 and

1994. The management also issued list of casual workers

covered under the scheme and name of the claimant herein

also appeared in the said list. Management has regularized

services of several workmen, including Muklinder Rai Sinha,

Anil Thakur, Ashok Kumar etc. whose names are mentioned

in para 7 of the statement of claim. While regularizing

services of he other workmen in 1992, the claimant herein

was dropped allegedly on the grounds that he was underage

as on 05.10.1983, i.e. initial date of his appointment.

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THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

3. In another OA No.2241 of 1999, which is also regarding

regularization of service, management took a stand that

the claimant herein, alongwith other workers, find mention

in the list of eligible candidates and they will be regularized

as per their seniority. CAT also directed the management

to expedite the process of regularization.

4. Pursuant to the above order, fresh list of candidates

vide OM No. 2/120/98-SL dated 08.08.1999 was issued

which also contained the name of the claimant herein. The

claimant also made specific reference to other similar cases

decided by the Hon'ble CAT wherein workmen were denied

regularization and seniority was also not accorded to them

at their respective places.

5. Claimant herein before joining the management was

working with Abhinay Theatre Society (Regd.) and had

submitted experience certificate issued by the Society.

Management, at that time, did not raise any objection and

accepted the same. Letter dated 22.09.2003 was, also written

by the Deputy Director (Admn.) to the Director General,

Doordarshan, followed by another letter dated 30.09.2003

to re-examine the case of the claimant herein for

regularization. Neither any action was taken by the

management nor any reason has been conveyed to the

claimant for denial of regularization. This action of the

management in not regularizing the workman in service is

highly discriminatory, particularly when the management

has regularized services of the workmen who were junior

to the claimant, herein.

6. Since the matter could not be resolved, as such the

workman approached the Union Government, who made

reference to this Tribunal in the following manner:

"Whether action of the management of Doordarshan

Kendra, New Delhi in not regularizing the services of

the workman Shri Bhupinder Singh Sondhi is illegal

and unjustified. If so, what relief the workman is

entitled to?’’

7. After consideration of statement of claim by the

workman, matter was listed for filing written statement on

behalf of the management. It is clear from the various orders

passed by this Tribunal that case for regularization of,

service of the claimant was in progress and management

sought adjournments from time to time, for regularization

of services of the claimant. It is clear from order dated

10.06.2015 that Shri R.K. Dhawan informed this Tribunal

that management is ready to regularize services of the

claimant and he has also filed copy of order No.16/2015-

SI(A) dated 06.05.2015 as well as subsequent letter dated

14.05.2015 which shows that management is willing to

regularize services of casual artists under the regularization

scheme 1992 and 1994.

8. Thereafter, claimant herein filed application dated

06.07.2015 seeking withdrawal of the present petition in

view of the fact that the management was ready to offer

appointment on regular basis to the workman herein. The

management has put a condition that for regularization,

the workman has to first withdraw his case. Thus, the

management has approved to regularize services of the

claimant herein in accordance with the scheme of regularization

of 92 and 94. No reply to the above application was filed by

the management for the simple reason that the management is

ready and willing to regularize services of the claimant herein

in terms of its policy of the year 92-94. Since the claimant did

not want to pursue the reference before this Tribunal for the

reason the management was ready and willing to regularize

his services, as such statement of the claimant regarding

withdrawal of the case was separately taken.

9. It is pertinent to note that under the Industrial Disputes

Act, 1947 (in short the Act), there is no specific provisions

relating to withdrawal of reference made by the Government

in terms of Section 10, sub-section 2A of the Act. However,

the Tribunal can take cognizance of the facts mentioned in

the application dated 06.07.2015.

10. In view of the averments made in the application dated

06.07.2015 and the fact that the management is ready and

willing to regularize the services of the claimant in terms of

its policy of the, year 92 and 94, there is no need to pass an

award on merits. Contents of the application dated 06.07.2015

will form an integral part of the award. Moreover, the claimant

herein is not interested in pursing the present case. Hence,

an award is accordingly passed. Let this award be sent to

the appropriate Government, as required under Section 17 of

the Industrial Disputes Act, 1947 for publication.

A.C. DOGRA, Presiding Officer

ubZ fnYyh] 6 vxLr] 2015

dk-vk- 1618-—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 deZdkjksa

ds chp vuqca/k esa fufnZ"V vkS|ksfxd fookn esa vkS|ksfxd vf/kdj.k]

dksVk ds iapkV ¼lanHkZ la[;k 36@1999½ dks izdkf'kr djrh gS tks

dsUnzh; ljdkj dks 06@08@2015 dks izkIr gqvk FkkA

[lañ ,y&42012@119@99&vkbZ vkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] MsLd vf/kdkjh

New Delhi, the 6th August, 2015

S.O. 1618.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (I.D. No. 36/1999) of the

Industrial Tribunal, Kota 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 06/08/2015.

[No. L-42012/119/99-IR(DU)]

P. K. VENUGOPAL, Desk Officer

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 15] [email protected] 24] 1937

3381

vuqca/k

U;k;k/kh'k] vkS+|ksfxd U;k;kf/kdj.k ¼dsUnzh;½ dksVk] ¼jktñ½

ihBklhu vf/kdkjh& Jherh vfurk 'kekZ] vkjñ,pñtsñ,lñ

funsZ'k izdj.k Øekad vkSñU;kñ ¼dsUnzh;½µ36@1999

fnukad LFkkfir% 3@12@99

izlax% Hkkjr ljdkj] Je ea=ky;] ubZ fnYyh ds vkns'k

Øñ ,y&42012@119@99µvkbZvkj¼Mh;w½ fnukad

19@11@1999

funsZ'k@fookn vUrxZr /kkjk 10¼1½¼?k½ vkS|ksfxd fookn

vf/kfu;e] 1947

e/;

Jherh izseckbZ iRuh Loñ eksMflag }kjk Je lykgdkj] MMokMk]

dksVk taD'ku] dksVk

µ izkFkhZ;k Jfed

,oa

v/kh{k.k iqjkrRofon] Hkkjrh; iqjkrRo losZ foHkkx]

ekuljksoj] t;iqj ¼jktLFkku½

µ vizkFkhZ fu;kstd

mifLFkr

izkFkhZ Jfed dh vksj ls izfrfuf/k%µJh ,uñ,lñ pkS/kjh

vizkFkhZ fu;kstd dh vksj ls izfrfuf/k%µ

Jh ftrsUnz flag

vf/kfu.kZ; fnukad 19@12@14

vf/kfu.kZ;

Hkkjr ljdkj] Je ea=ky;] ubZ fnYyh ds izklkafxd vkns'k fnukad

19@11@1999 ds tfj;s fuEu funsZ'k fookn] vkS|ksfxd fookn

vf/kfu;e] 1947 ¼ftls rnqijkar ^^vf/kfu;e** ls lEcksf/kr fd;k

tkosxk½ dh /kkjk 10¼1½¼?k½ o mi/kkjk 2¼,½ ds varxZr bl

U;k;kf/kdj.k dks vf/kfu.kZ;kFkZ lEizsf"kr fd;k x;k gS%µ

‘‘Whether the termination of services of Smt. Prem

bai W/o Late Shri Modsing by the Archaeological

Department from 26/11/97 is legal & justified? If not,

to what relief the workman is entitled?"

2- funsZ'k@fookn] U;k;kf/kdj.k es izkIr gksus ij iathc) mijkar

i{kdkjksa dks lwpuk@uksfVl tkjh dj fof/kor voxr djok;k x;kA

3- izkFkhZ;k dh vksj ls viuk Dyse LVsVesUV U;k;kf/kdj.k ds

le{k izLrqr dj O;Dr fd;k x;k gS fd izkFkhZ;k ds izfr eksMflag

vizkFkhZ ds v/khu Lekjd ifjpj ds in ij fpÙkkSM QksVZ esa dk;Zjr Fks

ftUgs vdkj.k gh vizkFkhZ us fnukad 5@4@93 ls lsok ls fudky fn;k Fkk

ftldk okn lhñ,ñVhñ tks/kiqj esa yfEcr FkkA chekjh ds dkj.k fnukad

27@7@94 dh izkFkhZ;k ds ifr dk nsgkUr gks x;k o izkFkhZ;k dks izkFkhZ;k

ds ifr ds LFkku ij vizkFkhZ us fnukad 8@9@96 dks ukSdjh ij j[k fy;k

Fkk] ijUrq fcuk dksbZ dkj.k crk;s o fcuk dksbZ uksfVl ;k uksfVl osru

o {kfriwfrZ&HkÙkk vFkok NaVuh eqvkotk fn;s izkFkhZ;k dks vizkFkhZ us

fnñ 26@11@97 ls ekSf[kd vkns'k ls ukSdjh ls fudky fn;k A izkFkhZ;k

}kjk vusdkas ckj vkizkFkhZ ls ukSdjh ij j[ks tkus dh izkFkZuk dh x;h

ijUrq mls ukSdjh ij ugha j[kdj muls dfu"B Jfedkas dks vizkFkhZ us

ukSdjh ij j[k fy;kA vizkFkhZ us Jfedks dh ofj"Brk lwph ugha cuk;h

o vkSñfoñ fu;eksa ds fu;e 77 dh vogsyuk dh A izkFkhZ;k us vizkFkhZ

ds v/khu fpÙkkSM+x< QksVZ esa ckjg dys.Mj ekg esa 240 fnu ls vf/kd

dk;Z fd;k gS] ijUrq izkFkhZ;k dks fcuk uksfVl ;k uksfVl {kfriwfrZ HkÙkk

fn;s ukSdjh ls gVkdj vf/kfu;e dh /kkjk 25&,Q ds foijhi dk;Z

fd;k gS tks ukSdjh ls gVkuk vuqfpr o voS/k gSA ifj.kker% izkFkhZ;k

Jfed }kjk Dyse LVsVesaV izLrqr dj lsok dh fujUrjrk] lEiw.kZ osru

o leLr ykHkksa lfgr lsok esa iqu% cgky fd;s tkus ds vuqrks"k dh

izkFkZuk U;k;kf/kdj.k ls dh x;h gSA

4- mijksDr Dyse LVsVesaV dk tokc izLrqr dj vizkFkhZ fu;kstd

dh vksj ls O;Dr fd;k x;k gS fd izkFkhZ;k ds ifr eksMflag dks vizkFkhZ

}kjk fdlh fu;fer LFkkbZ@vLFkkbZ ¼;Fkk Lekjd ifjpj½ ij HkrhZ

fu;eksa ds varxZr fu;qDr ugha fd;k x;k Fkk vfirq izkFkhZ;k dk ifr

izkphu laLekjd LFky rFkk iqjko'ks"k vf/kfu;e] 1958 ds varxZr

dsUnzh; ljdkj }kjk lajf{kr Lekjd fpÙkkSM+x< nqxZ ds iw.kZr;k vkdfLed

,oa vLFkkbZ izd`fr ds dk;Z ;Fkk lkQ&lQkbZ vkfn gsrq vdq'ky

Jfed ¼csynkj½ ds :i esa eLVªksy ij fngkMh ij yxk;k x;k FkkA

vizkFkhZ us izkFkhZ;k ds ifr dks lsok ls fudkyus ls badkj fd;k gS vfirq

Lo;a Jfed eksMflag }kjk LosPNk ls fnñ 5@4@93 ds ckn ls dk;Z

NksM+dj pyk tkuk O;Dr fd;k gSA Jfed eksMflag us dsUnzh;

iz'kklfud vf/kdj.k] tks/kiqj cSap ds le{k o"kZ 1993 ds le{k ,d

izkFkZuk&i= is'k fd;k tks izdj.k vksñ,ñ lañ 333@93 eksMflag cuke

Hkkjr la?k o vU; ds uke ls lwphc) gqvkA Jfed eksMflag dh e`R;q

ds i'pkr~ izkFkhZ;k us mDr cSap ds le{k ,d izkFkZuk&i= izLrqr dj

vksñ,ñ lañ 333@93 esa eksMflag dk uke gVkdj izkFkhZ;k dk uke jsdkMZ

ij ysus gsrq vkxzg fd;k o dsUnzh; iz'kklfud vf/kdj.k us mDr

izkFkZuk&i= Lohdkj djrs gq, ewy vksñ,ñlañ 333@93 esa eksMflag dk

uke gVkdj izkFkhZ;k izseckbZ dk uke jsdkMZ esa vafdr dj fy;k] ijUrq

dsUnzh; iz'kklfud vf/kdj.k] tks/kiqj cSap us nksuks i{kksa dh lquokbZ

djus ds i'pkr vksñ,ñlañ 333@93 Jherh izseckbZ cuke Hkkjr la?k o

vU; esa fnukad 30@10@96 dks fu.kZ; ikfjr djrs gq, izkFkhZ;k dk

izkFkZuk&i= vLohdkj dj fn;kA izkFkhZ;k dks vizkFkhZ }kjk mlds ifr

ds LFkku ij dHkh Hkh ukSdjh ij ugha j[kk x;k] uk gh fu;qfDr nh x;h]

vfirq izkFkhZ;k dks izFker;k vizkFkhZ }kjk izkphu laLekjd iqjkrkfRod

LFky rFkk iqjko'ks"k vf/kfu;e] 1958 ds vUrxZr dsUnzh; ljdkj }kjk

lajf{kr Lekjd &fot; LrEHk] fpÙkkSM+x< nqxZ ds ikfdZx LFky dh

ckm.Mªhoky iqu%fuekZ.k ds fo'ks"k ejEer dk;Z gsrq Lohd`r izkDdyu

ds le{k iw.kZr;k vLFkkbZ ,oa vkdfLed izd`fr ds dk;Z ij fnñ

9@9@96 dks dqyh ¼vdq'ky Jfed½ ds :i esa fngkMh+ ij eLVªksy

ij j[kk x;k FkkA izkFkhZ;k }kjk lgk;d Je vk;qDr ¼dsUnzh;½] dksVk

ds le{k fnñ 16@11@98 dks is'k fd;s x;s izkFkZuk&i= esa fyf[kr

3382

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

dFku fd;k Fkk fd mls 1@7@96 dks ukSdjh ij j[kk x;k Fkk tcfd

vius Dyse LVsVesaV esa izkFkhZ;k fnñ 8@9@97 dks ukSdjh ij j[kk tkuk

dgrh gSA nksuksa dFku fojks/kkHkk"kh ,oa vlR; gksuk O;Dr djrs gq,

izkFkhZ;k dk Dyse LVsVesaV [kkfjt fd;s tkus dh izkFkZuk dh gSA vizkFkhZ

us ;g Hkh O;Dr fd;k gS fd vizkFkhZ laLFkku@foHkkx }kjk dsUnzh;

ljdkj }kjk lajf{kr Lekjd@LFky ds j[k&j[kko rFkk lkaLd`frd èjksgj

dk cuk;s j[kus gsrq vko';drkuqlkj Lohd`r ctV dks e/; utj

j[krs gq, fofHkUu Lekjdksa ds fy, Lohd`r fo'ks"k ejEer izkDdyu ds

le{k ;Fkkle; miyC/k LFkkuh; Jfedksa dks iw.kZr;k vLFkkbZ ,oa

vkdfLed izd`fr ds dk;Z fo'ks"k ds fy, eLVªksy ij vko';drkuqlkj

dq'ky@vdq'ky ;Fkk&eSlu@csynkj@dqyh bR;kfn ds :i esa fngkM+h

ij j[kk tkrk gSA ,sls Jfedksa dks dk;Z fo'ks"k dh lekfIr vFkok fdlh

dkj.ko'k dk;Z can gksus@jksdus vFkok Jfedksa dk dk;Z larks"ktud

ugha ik;s tkus ij gVk fn;k tkrk gSA vizkFkhZ }kjk mDr vkdfLed

izd`fr ds dk;Z fo'ks"k ij j[ks tkus okys Jfedksa dks fdlh izdkj dk

dksbZ uksfVl vFkok {kfriwfrZ HkÙkk fn;s tkus dk dksbZ izko/kku ugha gksuk

O;Dr fd;k gSA bl izdkj vizkFkhZ us izkFkhZ;k Jfed dks fdlh fu;fer]

LFkkbZ@vLFkkbZ in ij HkrhZ fu;eksa ds vUrxZr fu;qDr fd;s tkus ls

bUdkj fd;k gSA vizkFkhZ us mDr ejEer dk;Z rduhdh dkj.kksa ls cUn

jgus ds dkj.k izkFkhZ;k Jfed dks vkxs dk;Z ij j[kk tkuk laHko ugha

gksuk dgk gS o mDr fnukad ds i'pkr izkFkhZ;k ds fy, dHkh vizkFkhZ ds

;gka vkdfLed ,oa vLFkkbZ izd`fr ds fo'ks"k ejEer dk;Z gksus ls

bUdkj fd;k gSA vizkFkhZ }kjk vius tokc esa izkFkhZ;k Jfed }kjk fdlh

Hkh dys.Mj o"kZ esa vizkFkhZ fu;kstd ds ;gka 240 fnu vFkok mlls

vf/kd dk;Z djus ls bUdkj fd;k x;k gS rFkk eLVªksy ij j[ks tkus

okys Jfedksa dh ofj"Brk lwph cuk;k tkuk laHko rFkk U;k;laxr ugha

gksuk dgk gS o fnukad 26@11@97 ls vkxs fo'ks"k ejEer dk;Z rduhdh

dkj.kksa ls cUn jgus ds dkj.k mDr fnukad ls vkxs izkFkhZ;k dks dke

ij j[kk tkuk laHko ugha gksuk O;Dr fd;k gSA ifj.kker% vizkFkhZ us

viuk tokc izLrqr dj izkFkhZ;k Jfed }kjk izLrqr Dyse LVsVesaV

[kkfjt fd;s tkus dh izkFkZuk dh gSA

5- lk{; esa izkFkhZ;k Jfed us Lo;a dk rFkk vizkFkhZ dh vksj ls

lqjs'k dqekj] dUtjos'ku vflLVsUV xzsM&II dk 'kiFk&i= izLrqr fd;k

x;k gS ftuls mHk;i{k ds izfrfuf/kx.k }kjk ,d&nwljs ds 'kiFk&i=ksa

ij ftjg dh x;h gSA izys[kh; lk{; esa izkFkhZ;k Jfed dh vksj ls

izn'kZ MCY;w 1 o MCY;w 2 izLrqr dj iznf'kZr djok;s x;s gSa rFkk

vizkFkhZ i{k dh vksj ls ,usDlj&1 yxk 3 is'k fd;s x;s gSa] ftudk

;Fkkle; mYys[k fd;k tk;sxkA

6- mHk;i{k ds fo}ku izfrfuf/kx.k dh cgl lquh x;h rFkk i=koyh

ij miyC/k lk{; o lkexzh dk /;kuiwoZd ifj'khyu fd;k x;kA

7- izkFkhZ;k Jfed ds fo}ku izfrfuf/k dk rdZ gS fd mlds ifr ds

LFkku ij vizkFkhZ us mls ukSdjh ij j[kk FkkA izkFkhZ;k us vizkFkhZ ds

v/khu 12 dys.Mj ekg esa 240 fnu ls vf/kd dk dk;Z dj fy;k gS

ijUrq vizkFkhZ }kjk izkFkhZ;k dks ekSf[kd vkns'k ls vf/kfu;e dh /kkjk

25 & ,Q dh ikyuk fd;s cxSj ukSdjh ls gVk fn;kA bl izdkj izkFkhZ;k

dks lsok ls gVkuk vuqfpr ,oa voS/k gksuk O;Dr djrs gq, izkFkhZ;k dks

lsok esa fujUrjrk o leLr osru ifjykHkksa lfgr lsok esa cgky fd;s

tkus dh izkFkZuk dh gSA

8- blds foijhr vizkFkhZ ds fo}ku izfrfuf/k dk dFku gS fd

izkFkhZ;k dk ifr eksMflag fdlh LFkkbZ@vLFkkbZ in ij HkrhZ fu;eksa ds

vUrxZr fu;qDr ugha fd;k x;k FkkA izkFkhZ;k dks dHkh Hkh mlds ifr ds

LFkku ij ukSdjh ij ugha j[kk x;k] vfirq iw.kZr% vLFkkbZ ,oa vkdfLed

izd`fr ds dk;Z ij fnñ 9@9@96 dks dqyh ¼vdq'ky Jfed½ ds :i

esa fngkM+h ij eLVªksy ij j[kk x;k FkkA izkFkhZ;k Jfed dks fu/kkZfjr

HkrhZ izfØ;k rFkk HkrhZ dks fu;ekuqlkj fdlh Hkh Lohd`r vFkok fjDr

in ij fu;qfDr iznku ugha dh x;h Fkh] uk gh izkFkhZ;k us vizkFkhZ

fu;kstd ds ;gka 240 fnol ;k mlls vf/kd dk dk;Z fd;k gS] ,slh

fLFkfr esa izkFkhZ;k Jfed vf/kfu;ekUrxZr dksbZ vuqrks"k izkIr djus dh

vf/kdkfj.kh ugha gSA

9- izkFkhZ;k us U;k;kf/kdj.k ds le{k lk{; esa izLrqr fd;s x;s

vius 'kiFk&i= esa Lo;a dks vius ifr ds LFkku ij vizkFkhZ }kjk

nSfud osru Hkksxh Jfed ds :i esa 35@& #ñ izfrfnu nj ls osru ij

ukSdjh ij j[kuk O;Dr fd;k gS rFkk ;g Hkh O;Dr fd;k gS fd izkFkhZ;k

us fnñ 8@9@96 ls 30@11@97 rd yxkrkj dk;Z fd;k gSA bl lk{kh us

viuh ftjg esa O;Dr fd;k gS fd bldks viuh Lo;a dh dke djus

dh rkjh[k ;kn ugha gS] ijUrq blus ikap lky igys nks lky rd dke

fd;k FkkA vizkFkhZ dh vksj ls izLrqr lk{kh lqjs'k dqekj us vius 'kiFk&i=

dh ftjg esa izkFkhZ;k }kjk fnñ 8@9@96 ls 26@11@97 rd Lo;a ds

foHkkx esa dk;Zjr gksuk Lohdkj fd;k gS o izkFkhZ;k dks U;wure nSfud

osru Hkksxh ds :i esa Hkqxrku fd;k tkuk O;Dr fd;k gSA bl lk{kh us

eq[; ijh{k.k esa lk{; esa izLrqr fd;s x;s vius 'kiFk&i= esa

fnñ 9@9@96 ls 26@11@97 rd yxkrkj Lo;a ds fu;kstu esa dk;Z djus

ls bUdkj fd;k gS rFkk mDr vof/k esa fdlh Hkh foÙkh; o"kZ esa 240

fnol dk;Z djus ls Hkh bUdkj fd;k gSA bl rF; dks fl) djus dk

Hkkj fd Jfed }kjk fujUrj 240 fnu rd fu;kstd ds fu;kstu esa

dk;Z fd;k x;k gS] ges'kk Lo;a Jfed@deZdkj ij gksrk gS] tSlk fd

ekuuh; mPpre U;k;ky; }kjk vius fuEu U;k;fu.kZ;ksa esa izfrikfnr

fd;k x;k gS%µ

‘‘(1) Surendranagar District Panchayat v. Jethabhai

Pitamberbhai-2005 (107) FLR 1145 (SC);

(2) R.M. Yellatti v. Assistant Executive Engineer - 2006

(108) FLR 213 (SC)"

10- U;k;n`"Vkar ^^vkjñ,eñ;sYV~Vh cuke lgk;d vf/k'kklh

vfHk;Urk & 2006 ¼108½ ,Q,yvkj 213 ¼,llh½** ds ekeys esa

ekuuh; mPpre U;k;ky; }kjk ;g Hkh izfrikfnr fd;k x;k gS fd

deZdkj ij 240 fnu yxkrkj dke djus ds rF; dks lkfcr djus dk

tks Hkkj gS] mlesa deZdkj }kjk dsoy ek= vius 'kiFk&i= esa ;g

fy[k nsuk fd mlus 240 fnu rd yxkrkj dke fd;k] i;kZIr ugha

gksxk] vfirq mls fdlh Bksl nLrkosth lk{; ls bl rF; dks lkfcr

djuk gksxk ftlls fd ;g rF; lEiq"V gks ldsA bl laca/k esa U;k;fu.kZ;

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 15] [email protected] 24] 1937

3383

ds isjk la[;k 17 fuEukuqlkj gS %µ

‘‘Analyzing the above decesions of this Court, it is

clear that the provisions of the Evidence Act in terms

do not apply to the proceedings under section 10 of

the Industrial Disputes Act. However, applying

general principles and on reading the aforestated

judgments we find that this Court has repeatedly

take the viwe that the burden of proof is on the

claimant to show that he had worked for 240 days in

a given year. This burden is discharged only upon

the workman stepping in the witness box. This

burden is discharged upon the workman adducing

cogent evidence both oral and documentary. In case

of terminating of services of daily wages earner, there

will be no letter of appointment or termination. There

will also be no receipt of proof of payment. Thus in

most cases, the workman (claimant) can only call

upon the employer to produce before the Court the

nominal muster roll for the given period, the letter of

appointment or termination, if any, the wage register,

the attendance register etc. Drawing of adverse

inference ultimately would depend thereafter of facts

of each case. The above however make it clear that

mere affidavit or self-serving statements made by

the claimant/workman will not suffice in the matter of

discharge of the burden placed for 240 days in a

given year. The above judgement further lay down

that mere non-production of muster rolls per se

without any plea of supperssion by the claimant

workman will not be the ground for the Tribunal to

draw an adverse inference against the management.

Lastly, the above judgments lay down the basic

pricniple, namely, that the High Court under Article

226 of the Constitution will not interfere with the

concurrent findings of fact of each case."

11- gLrxr ekeys esa izkFkhZ;k Jfed }kjk vizkFkhZ fu;kstd ds ;gka

lsok lekfIr dh frfFk ls Bhd iwoZ ds 12 dys.Mj ekg dh vof/k esa

fujUrj 240 fnu dk;Z fd, tkus ds rF; dks izekf.kr djus ds fy,

dsoy Lo;a dk 'kiFk&i= izLrqr fd;k x;k gSA ;g lk{kh viuh ftjg esa

vizkFkhZ fu;kstd ds ;gka dk;Z fd, tkus dh rkjh[k Hkh ;kn gksus ls badkj

djrh gSA ;)fi izkFkhZ;k Jfed dh vksj ls U;k;kf/kdj.k ds le{k

nLrkosth lk{; ds :i esa izn'kZ MCY;w 1 o MCY;w 2 dqy nks nLrkost

izLrqr dj iznf'kZr djok, x, gSa] ijUrq izn'kZ MCY;w 1 izkFkhZ;k }kjk

lgk;d Je vk;qDr ¼dsUnzh;½ LVs'ku jksM] dksVk ds le{k vks-fo-

vfèfu;e dh /kkjk 2&, ds varxZr izLrqr fd, x;s izkFkZuk&i= ds

lacaè esa vizkFkhZ dk tokc gSA bl izdkj izkFkhZ;k vksj ls izLrqr

nLrkost izns'k MCY;w 1 izkFkhZ;k dks dksbZ ykHk ugha igqapkrk gSA blh

izdkj izkFkhZ;k dh vksj ls izLrqr nLrkost izn'kZ MCY;w 2 U;k;ky;

fu;a=.k izkf/kdkjh varxZr xzsP;qVh vf/kfu;e] 1972 ,oa dk;kZy;

lgk;d Je vk;qDr ¼dsUnzh;½dksVk }kjk izkFkhZ;k izse ckbZ dh vksj

ls xzsP;qVh Hkqxrku vf/kfu;e] 1972 ,oa dsUnzh; fu;e 10¼1½ ds

rgr xzsP;qVh fu/kkZj.k ,oa Hkqxrku gsrq funsZ'ku ckcr izLrqr fd, x,

izkFkZuk&i= ds laca/k esa ikfjr vkns'k gSa mDr vkns'k ds }kjk izkFkhZ;k

ds ifr eksMflag dh e`R;q gksus ij izkFkhZ;k dks 1800@& #ñ xzsP;qVh ds

:i esa Hkqxrku fd, tkus dk vkns'k vizkFkhZ dks fn, x, gSa] ijUrq

mDr nLrkost Hkh gLrxr ekeys esa izkFkhZ;k dks dksbZ ykHk ugha

igqapkrk gSA bl laca/k esa vizkFkhZ fu;kstd us lk{kh lqjs'k dqekj dh

lk{; U;k;kf/kdj.k ds le{k ys[kc) djok;h gS ftlesa izkFkhZ;k

}kjk fnñ 8@9@96 ls 26@11@97 rd Lo;a ds foHkkx esa nSfud osru

Hkksxh deZpkjh ds :i esa fd;s x, dk;Z dk fooj.k izLrqr fd;k gS rFkk

izkFkhZ;k }kjk fdlh Hkh foÙkh; o"kZ esa fujUrj 240 fnol rd dk;Z fd,

tkus ls badkj fd;k x;k gSA fo)ku izfrfuf/k us U;k;kf/kdj.k dk /;ku

vizkFkhZ dh vksj ls izLrqr fd;s x, lk{kh lqjs'k dqekj dh izfrijh{kk

dh vksj vkdf"kZr dj O;Dr fd;k gS fd izkFkhZ;k ds fn- 8@9@96 ls

26@11@97 rd dh vof/k ds okLrfod dk;Zfnolksa esa lkIrkfgd

vodk'k ugha tksM+s x, gSaA vr% izkFkhZ;k ds mDr vof/k ds okLrfod

dk;Zfnolksa esa lkIrkfgd vodk'k fnol Hkh tksM+s tkdj mDr fnolksa

dh x.kuk fd, tkus dh izkFkZuk U;k;kf/kdj.k ls dh gSA ;)fi vizkFkhZ

ds xokg lqjs'k dqekj us viuh izfrijh{k esa izkFkhZ;k ds okLrfod dk;Z

fnolksa esa lkIrkfgd vodk'k ugha tksM+k tkuk O;Dr fd;k gS] ijUrq

bl laca/k esa U;k;n`"Vkar ^^2005¼107½ ,,yvkj

248¼dukZVdk½&fgeky;k Mªx daiuh cuke ljrkt vgen** ds ekeys

esa ekuuh; mPp U;k;ky; us ;g Li"V :i ls izfrikfnr fd;k gS fd

vkS-fo- vf/kfu;e dh /kkjk 25&,Q ds iz;kstu ls 240 fnoLk rd

fujUrj dk;Z fd;s tkus dk fu/kkZj.k djrs le; os dk;Zfnol ftuesa

etnwjh dk Hkqxrku ugha fd;k x;k gS] o jfookj o vU; jktif=r

vodk'k ftuesa dksbZ etnwjh dk Hkqxrku ugha fd;k x;k gS] dh x.kuk

ugha dh tk ldrhA mDr U;k;n`"Vkar dk voyEc ysrs gq, ge gLrxr

ekeys esa Hkh lkIrkfgd vodk'k tksM+s tkdj izkFkhZ;k ds okLrfod

dk;Zfnolksa dh x.kuk fd;k tkuk U;k;ksfpr ugha ikrs gSaA

12- fo}ku izfrfuf/k izkFkhZ;k }kjk U;k;kf/kdj.k ds le{k ,d rdZ

;g Hkh j[kk x;k gS fd vizkFkhZ }kjk vf/kfu;e dh /kkjk 25&,Q dh

ikyuk fd;s cxZj izkFkhZ;k dks ukSdjh ls fudkyk x;k gS] vr% vizkFkhZ

fu;kstd }kjk Lo;a izkFkhZ;k }kjk fnukad 26@11@97 ds ckn Lo;a ukSdjh

ij mifLFkr ugha vkus ds laca/k es xyr dFku fd;k x;k gSA mUgksaus

U;k;kf/kdj.k dk izkFkhZ dh vksj ls izLrqr fd;s x;s lk{kh lqjs'k dqekj

ds 'kiFk&i= ds Hkkx lh ls Mh dh vksj /;kukdf"kZr djrs gq, O;Dr

fd;k gS fd mDr xokg us izkFkhZ;k dks fn- 26@11@97 ls vkxs fujUrjh

dk;Z ij j[ks tkuk laHko ugha gksuk dgk gSA bl laca/k esa U;k;kf/kdj.k

dk ekuuk gS fd izkFkhZ;k] vizkFkhZ ds fu;kstu esa lsok lekfIr dh frfFk

ls iwoZ ds 12 dysaMj ekg dh vof/k esa fujUrj 240 fnol rd dk;Z

fd;s tkus ds rF; dks lkfcr djus esa vlQy jgh gS] bu ifjfLFkfr;ksa

esa lsok ls fu"dkflr fd, tkus ds vkns'k dh mfprrk ,oa oS/krk ds

fcUnq ij fopkj.k fd, tkus dk dksbZ vkSfpR; gh izdV ugha gksrk gSA

13- ;|fi fo)ku izfrfuf/k izkFkhZ;k dk ,d rdZ U;k;kf/kdj.k ds

le{k ;g jgk gS fd ekeys esa izn'kZ McY;w 2 U;k;ky; fu;a=.k izkf/kdkjh

varxZr xzsP;qVh Hkqxrku vf/kfu;e] 1972 ,oa dk;kZy; lgk;d Je

vk;qDr ¼dsUnzh;½] dksVk ¼jkt-½ }kjk fnuakd 24@11@99 dks ikfjr

3384

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

vkns'k esa ;g ik;k x;k gS fd vizkFkhZ }kjk vius tcko o c;ku] nksuks

esa ;g vkifÙk ugha mBk;h x;h gS fd izkFkhZ;k Jfed fdlh o"kZ esa 240

fnu yxkrkj lsokjr ugha FkhA vizkFkhZ }kjk mDr vkifÙk ftjg ds le;

mBkuk ekurs gq, mDr vkifÙk dks ugha ekuk x;kA vr% gLrxr ekeys

esa Hkh izkFkhZ;k }kjk vizkFkhZ ds fu;kstu esa fujUrj 240 fnu rd dk;Z

fd;s tkus dk rF; izekf.kr ekus tkus dh izkFkZuk dh x;h gSa bl laca/k esa

U;k;kf/kdj.k dk ekuuk gS fd mDr ekeys esa lqlaxr vof/k] vFkkZr

lsok lekfIr dh frfFk 26@11@97 ls Bhd iwoZ ds 12 dysaMj ekg dh

vof/k esa izkFkhZ;k }kjk fujUrj vizkFkhZ ds ;gka fu;kstu esa jgrs gq, 240

fnu rd dk;Z fd, tkus dk rF; mDr nLrkost izn'kZ McY;w 2 ls

izekf.kr ugha gksrk gS] bl ifjfLFkfr esa mDr nLrkost izkFkhZ;k dks dksbZ

ykHk ugha igqapkrk gSA

14- vr% mijksDr foospu ds vk/kkj ij ge ;g ikrs gSa fd izkFkhZ;k

,d nSfud osru Hkksxh deZpkjh ds :i esa fnukad 8@9@96 ls 26@11@97

rd dh vof/k esa vizkFkhZ ds ;gka dk;Zjr Fkh rFkk izkFkhZ;k dh fu;qfDr

fdlh LFkkbZ@vLFkkbZ ij ij HkrhZ fu;eksa ds varxZr ugha dh x;h FkhA

izkFkhZ;k lsok lekfIr dh 26@11@97 ls Bhd iwoZ ds 12 dysaMj ekg dh

vof/k esa fujUrj 240 ;k mlls vf/kd fnol rd dk;Z fd;s tkus ds

rF; dks lkfcr djus esa vlQy jgha gS] vr% bu ifjfLFkfr;ksa esa

izkFkhZ;k dks vf/kfu;ekUrxZr dksbZ laj{k.k izkIr ugha gksus ls og vizkFkhZ

fu;sktd dks fo:) dksbZ vuqrks"k izkIr djus dh vf/kdkfj.kh ugha

ik;h tkrh gS ,oa jsQzsUl Hkh blh vuq:i mRrfjr gksus ;ksX; gSA

ifj.kkeLo:i Hkkjr ljdkj] Je ea=ky;] ubZ fnYYkh }kjk

izklkafxd vkns'k fn- 19@11@1999 ds tfj, lEizsf"kr funs'k@fjÝsUl

fookn dks blh izdkj mÙkfjr fd;k tkrk gS fd izkFkhZ;k Jfed Jherh

izseckbZ vizkFkhZ fu;kstd ds ;gka lsok lekfIr dh frfFk 26@11@97 ls

Bhd iwoZ ds 12 dysaMj ekg dh vof/k esa fujUrj 240fnol rd dk;Z

fd, tkus ds rF; dks lkfcr djus esa vlQy jgh gS] vr% og

vizkFkhZ fu;kstd ds fo:) fdlh izdkj dk dksbZ vuqrks"k izkIr djus

dh vf/kdkfj.kh ugha gSA

Jherh vfurk 'kekZ] U;k;k/kh'k

rkjh[k% 19-12-2014

ubZ fnYyh] 11 vxLr] 2015

dk-vk- 1619-—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj Hkkjr lapkj fuxe

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

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

kdj.k ,oa Je U;k;ky;] psUubZ ds iapkV ¼lanHkZ la[;k 45@2015½

dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 11@08@2015 dks izkIr

gqvk FkkA

[lañ ,y&40011@04@2015&vkbZ vkj ¼Mh;w½]

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

New Delhi, the 11th August, 2015

S.O. 1619.—In pursuance of Section 17 of the Industrial

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

hereby published the award (I.D. No. 45/2015) of the Central

Government Industrial Tribunal-cum-Labour Court,

Chennai now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of The Bharat Sanchar Nigam Ltd. and their

workman, which was received by the Central Government

on 11/08/2015.

[F.No. L-40011/04/2015-IR(DU)]

P.K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

CHENNAI

Wednesday, the 5th August, 2015

Present:

K.P. PRASANNA KUMARI

Presiding Officer

Industrial Dispute No. 45/2015

(In the matter of the dispute for adjudication under clause

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

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

Management of Bharat Sanchar Nigam Ltd. and their

workman)

BETWEEN

Sri Venkatesan

:

1st Party/Petitioner

Vellore District President (Ex.), BJP

18, Vhyagaraja Salai, Salavanpettai

Vellore-632001

AND

The Chief General Manager :

2nd Party/Respondent

Bharat Sanchar Nigam Ltd.

Tamil Nadu Circle

Chennai-600002

Appearance:

For the 1st party/Petitioner

:

M/s A.S. Palanisamy,

Advocate

For the 2nd Party/Respondent

:

M/s K.V. Shanmug-

anathan, Advocate

AWARD

The Central Government, Ministry of Labour &

Employment vide its Order No. L-40011/04/2015-IR (DU)

dated 20.04.2015 referred the following Industrial Dispute

to this Tribunal for adjudication.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 15] [email protected] 24] 1937

3385

The schedule mentioned in that order is:

"Whether the action of the Management of BSNL,

Vellore in respect of termination of service of 140

contract workmen/employees is justified or not? If

not, to what relief the employees are entitled?"

2. On receipt of the Industrial Dispute this Tribunal has

numbered it as ID 45/2015 and issued notices to both sides.

On receipt of notice both sides have entered appearance

through their counsel.

3. The matter had come up for hearing for the first time

on 21.05.2015. It was being posted for filling Claim Statement

and documents by the petitioner repeatedly. When the

matter was called today, neither the petitioner nor his

counsel were present. There was no representation on

behalf of the petitioner also. The petitioner seems to be not

interested in pursuing the case. In the absence of any

material, adjudication of the dispute is not possible.

Therefore, the reference is answered against the petitioner.

An award is passed accordingly.

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

corrected and pronounced by me in the open court on this

day the 5th August, 2015)

K.P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st party/Petitioner

:

None

For the 2nd Party/Management :

None

Documents Marked

On the petitioner's side

Ex.No.

Date

Description

Nil

On the Management's side

Ex.No.

Date

Description

Nil

ubZ fnYyh] 11 vxLr] 2015

dk-vk- 1620-—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dkalqysV tujy

vkWQ+ tkiku psUubZ 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;] psUubZ ds iapkV ¼lanHkZ la- 32@2014½

dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 11@08@2015 dks izkIr

gqvk FkkA

[la- ,y&42012@03@2012&vkbZ vkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] MsLd vf/kdkjh

New Delhi, the 11th August, 2015

S.O. 1620.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (I.D. No. 32/2014) of the Central

Government Industrial Tribunal Cum Labourt Court,

Chennai now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of the Consulate General of Japan, Chennai

and their Workman, which was received by the Central

Government on 11/08/2015.

[No. L-42012/03/2012-IR(DU)]

P.K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

CHENNAI

Friday, the 31st July, 2015

Present

:

K.P. PRASANNA KUMARI

Presiding Officer

Industrial Dispute No 32/2014

(In the matter of the dispute for adjudication under

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

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

the Management of Consulate General of Japan and their

workman)

BETWEEN

Sri V. Shankar

:

1st Party/Petitioner

AND

Counsulate General of Japan :

2nd Party/Respondent

Consulate General of Japan

12/1, Cenotaph Road, 1st Street

Teynampet

Chennai-600018

Appearance:

For the 1st party/Petitioner

:

Sri Balan Haridas,

Advocates

For the 2nd Party/Management: Sri Anand

Sashidaran, Advocate

AWARD

The Central Government, Ministry of Labour &

Employment vide its Order No. L-42012/03/2012-IR (DU)

dated 01.04.2014 referred the following Industrial Dispute

to this Tribunal for adjudication.

The schedule mentioned in that order is:

"Whether the demand of the workman Shri V.

Shankar, Gardner for reinstatement into the service

is legal and justified? What relief the concerned

workman is entitled?"

3386

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

2. On receipt of the Industrial Dispute this Tribunal has

numbered it as ID 32/2014 and issued notices to both sides.

Both sides have entered appearance through their counsel

and have filed their claim and counter statement

respectively. The petitioner has filed a rejoinder in reply to

the Countrer Statement.

3. The averments in the Claim Statement filed by the

petitioner in brief are these:

The petitioner joined the service of the Respondent as

a Gardener in the year 1993. He was a permanent employee

of the Respondent. He was to report for work everyday at

0800 AM and had to work till 0500 PM. His duties were to

maintain the garden of the Respondent. At the time of

joining he was paid salary of Rs. 250/- per month. His last

drawn salary was Rs. 5,669/- per month. The Respondent

collects fees for issuing of Visa to persons who wants to

visit Japan or to take up employment there. The Respondent

was engaged in a systematic activity. The Respondent is

an industry within the meaning of Section-2(i) of the

Industrial Disputes Act. The petitioner is a workman under

the Respondent as defined under Section-2(s) of the ID

Act. While the petitioner was discharging his work as

Gardner without any complaint, in the year 2005, the

Respondent brought in Contractors to do the work of

gardening. Though the petitioner objected he was forced

to work under the so-called Contractor. Since he was

objecting to the conversion of direct labour to contract

labour the Respondent orally terminated his service in

March 2006. He caused to send a legal notice on 23.06.2006

calling upon the Respondent to reinstate him in service

with full back wages, continuity of service and other

benefits. The Respondent gave a reply admitting that the

petitioner was a direct employee of the Respondent.

However, the Respondent stated that the Government of

Japan has decided to do away with the service of the

gardeners and to outsource the same. The petitioner had

again sent a legal notice requesting the Respondent to

reinstate him in service. The petitioner did not receive any

reply to this notice. The petitioner did not immediately

rush to court as he was making representation requesting

the Respondent to reinstate him in service. The termination

of the petitioner from service is illegal and in violation of

the provisions of Industrial Disputes Act. An order may be

passed holding that the termination of the petitioner is

illegal and also directing the Respondent to reinstate the

petitioner with full back wages, continuity of service and

other attendant benefits.

4. The Respondent has filed Counter Statement

contending as follows:

The participation of the Respondent in the proceedings

does not mean that the Respondent and Government of

Japan is submitting to the jurisdiction of the Tribunal or

that it is abandoning its sovereignty or waiving the

immunity available under the Vienna Conventions on

Diplomatic and Consular Relations. The present

proceedings are violative of Vienna Conventions on

Diplomatic and Consular Relations. Even otherwise the

present proceedings are without jurisdiction as the activity

of the Respondent does not fall within the definition of

industry. Even if it is an industry the proceedings is without

jurisdiction as the appropriate government is the State

Government and not the Central Government. The

Respondent is a consulate carrying on the legal and

sovereign functions of Government of Japan such as issue

of Visas, Issue of Passport to Japanese citizens, etc. The

Respondent is not providing any material services. So it

cannot be treated as an industry. In any case the petitioner

has raised the dispute four years after his services were

terminated on account of his resignation. The claim that he

made representations to the Respondent is false. The

petitioner has received Rs. 77,966.70/- towards termination

benefits. Having enjoyed the same it is not open to him to

claim that he is entitled to reinstatement. The Respondent

does not require a permanent Gardener. So also the

Respondent cannot be forced to reinstate the petitioner.

The claim of the petitioner that the provisions of Section-

9A of the ID Act have not been complied with is untenable.

Section-25F of the ID Act also does not apply to the case

as there was no retrenchment of the petitioner. The

petitioner had voluntarily resigned. The petitioner is not

entitled to any relief.

5. In the rejoinder filed, the petitioner has denied the

allegations in the Counter Statement and has also reiterated

his case in the Claim Statement.

6. The evidence in the case consists of oral evidence of

WW1 and documents marked as Ext. W1 to Ext.W15.

7. The points for consideration are:

(i) Whether the demand of the petitioner for

reinstatement in the service of the Respondent is

legal and justified?

(ii) What is the relief to which the petitioner is

entitled?

The Points

8. The petitioner who has been working under the

Respondent as a Gardener has alleged that he was

terminated from service illegally in March 2006. He seeks

reinstatement in the service of the Respondent.

9. Before considering the case on merits, certain

technical objections raised by the Respondent against

maintainability of the dispute are to be considered.

10. The Respondent is Consulate General of Japan

functioning at Chennai. The petitioner had been working

as Gardener in the premises of the building housing the

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 15] [email protected] 24] 1937

3387

consulate. The initial contention that is raised by the

Respondent is that it being a consulate of the Government

of Japan it is not amenable to the jurisdiction of this Tribunal,

it having got sovereign immunity by virtue of Vienna

Conventions on Diplomatic and Consular Relations. It is

alleged by the Respondent that the present proceedings is

in violation of Diplomatic regions (Vienna Conventions)

Act.

11. The argument that has been advanced on behalf of

the petitioner in answer to this contention is with reference

to Article-33(3) of the Diplomatic Relations (Vienna

Conventions) Act. Article-31 of the Act gives immunity to

a diplomatic agent from the criminal jurisdiction of the

receiving State and also immunity from civil and

administrative jurisdictions with some exceptions. Article-

33(1) states that subject to Para-3 of the article a diplomatic

agent shall with respect to services rendered for the

sending State be exempt from social security provisions

which may be imposed in the receiving State. It is on the

basis of this provision the Respondent is claiming that it is

not subject to jurisdiction of this Tribunal. Article-33(2)

states that the exemption provided for in Para-1 shall also

apply to private servants who are in sole employment of a

diplomatic agent on condition (a) that they are not nationals

or permanent resident in the receiving State and (b) that

they are covered by the social security provisions which

may be imposed in the sending State or a third State. Article-

33(3) states that a diplomatic agent who employs persons

to whom the exemption provided in Para-2 does not apply,

shall observe the obligations which the social security

provisions of the receiving State impose upon the

employees. As could be seen Article 33(2) applies to private

servants only. As admitted by the petitioner, he is not a

private servant employed by a diplomatic agent. He is an

employee of the Consulate. His engagement is with respect

to services rendered for the sending state. So the

Respondent is entitled to the exemption under Article 33(1).

12. The next contention raised by the Respondent is

that the present proceedings is without jurisdiction as the

activity of the Respondent does not fall within the definition

of industry under Section-2(j) of the Industrial Disputes

Act. The petitioner has contended in the claim Statement

that the Respondent collects fees for issuing visa to persons

and this is a systematic activity and this comes within the

meaning of Section-2(j) of the Industrial Disputes Act. On

the other hand, it is contended by the Respondent that it is

only carrying out regal and sovereign functions of

Government of Japan such as issue of Visa and issue of

Passports to Japanese citizens, that it is not providing

material services and this cannot by any stretch of

imagination be treated as an industy.

13. It could be seen from the pleadings of the parties

itself that there is no dispute regarding the manner of

activity carried out by the Respondent. Apparently, it

issues visas and issues passports to Japanese citizens if it

is lost, msiplaced, stolen etc. The only question is whether

this activity of the Respondent comes within the meaning

of Industry as defined in Section-2(j) of the Industrial

Disputes Act.

14. Both sides have referred different legal

pronouncements in support of their contradictory

contentions, the petitioner that its activity is not an industry

and the Respondent that it is only an industry. The counsel

for the Respoundent has relief upon the decision of the

Apex Court in the Corporation of the city of Nagpur vs. Its

employees reported in AIR 1960 SC 675. In this decision

the Apex Court has considered what is not an industry

while considering the positive aspects of the definition of

Industry and has held that the term cannot conclude the

regal or sovereign functions of State. It was held that regal

functions being inescapable and inalienable, as described

in an Australian decision it could not have been in

contemplation of the legislature to bring in the regal

functions of the State within the definition of industry and

thus confer jurisdiction on industrial courts to decide

dispute in respect thereof. The Apex Court held that for

this reason the regal functions of a State are excluded from

the definition of industry. The counsel has referred to a

decision of the full bench of the Punjab and Haryana High

Court in State of Punjab Vs. Kuldip Singh and another

reported in 1982 ILR 2 P&H 544 where referring to the

Nagpur Corporation case and also Bangalore Water Supply

Case the Court has held that regal or sovereign functions

of a State despite their closest resemblance to systematic

activity are clearly to be held beyond the pale of industry

as defined in Section-2(j) of the Act. In the Bangalore Water

Supply case itself also [(AIR 1978 SC 548(1)] it has been

asserted that sovereign functions strictly understood,

qualify for exemption though not the welfare activities or

economic adventures undertaken by Government or

statutory bodies. The counsel for the Respondent has

referred to the decision of the Kerala High Court in Najeema

Beevi Vs. Public Service Commission reported in ILR 1983 1

Kerala 546 where it was held that Public Service Commission

is not an industry. It was held that the functions of the Public

Service Commissions are inalienable as these are envisaged

by the Constitution itself and the functions are exercised in

order to safeguard constitutional rights of the citizens. The

High Court has stated that the material question to be asked

at such instances is what is the nature of actual function

assumed by the State, whether it is a serivce that the State

could have left to private enterprise, and, if so fulfilled, could

such a dispute be "industrial". If it could not be, it is performing

inalienable functions or sovereign functions, it was held. The

functions of a Public Service Commission was found to be

one that could be performed by the State only and not

inalienable and thus it was found not an industry.

3388

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

15. The counsel for the petitioner has relied upon

Bangalore Water Supply and Sewerage Board case already

referred to earlier. In this also it has been held that sovereign

functions of the State qualifies for exemption from the

definition of industry. So the only question is whether the

act of issue of Visa and Passports done by the Respondent

is a sovereign function. The Respondent is an agent of the

Government of Japan. On asking the question whether the

activity of issue of Visas and Passports done by the

Respondent is one that can be performed by private

persons, what is the answer that would be available? Can

the Indian Government entrust the activity of issuing visa

and passports to private persons? Certainly that cannot

be, Just like that the Government of Japan cannot be

expected to delegate the function of issue of Visa and

Passports to private persons. In such case certainly it is a

regal and sovereign function and qualifies for exemption.

No doubt, it has been held in Bangalore Water Supply and

Sewerage case and has been followed in subsequent

decisions that to make an activity an industry absence of

profit motive or gainful objective is irrelevant whether the

venture is public, joint, private or in any other sector. The

true focus is functional and decisive test in the nature of

activity with special emphasis on employer-employee

relationship, it has been emphasized. Even if all these

aspects are available in the activity done by the Respondent

it will not make it an industry because of the exemption

available so far as regal and sovereign functions are

concerned. So the activity of the Respondent in any case

could not be termed as an industry as defined Section in

2(j) of the ID Act.

16. One of the contentions that has been raised on behalf

of the Respondent is that in any case the Central

Government is not an appropriate Government so far as

the dispute is concerned but it is only the State Government

and that this Court has no jurisdiction to decide the case.

Having found that the activity of the Respondent is a

sovereign function and not an industry this question is

irrelevant. Yet I am proceeding to consider the question in

case the activity of the Respondent could be termed as an

Industry. The answer to the claim of the petitioner that the

Central Government is the appropriate Government in the

matter should be in the negative. Section-2(a) of the

Industrial Disputes Act describes the term appropriate

Government. It is not necessary to quote the entire section

for the purpose. What is relevant is the portion which states

that in relation to any Industrial Dispute concerning any

industry carried on by or under the authority of Central

Government the appropriate Government will be the Central

Government. There is no case for the petitioner that the

activity of the Respondent is carried on by the Central

Government. The counsel for the petitioner maintains that

the activity of the Respondent is one carried out under the

authority of the Central Government and therefore the

Central Government is the appropriate Government in the

matter. Both sides have referred to different legal

pronouncements in this respect also which I will be referring

to in chronological order.

17. The counsel for the Respondent has referred to the

decision of the High Court of Calcutta in Carlsbad Mineral

Water Mfg. Co. Ltd. Vs. P.K. Sarkar and Others reported in

AIR 1952 Calcutta 6 wherein it was held that the words

"under the authority" means much the same as "on behalf

of". It was a case where the appellant Company had entered

into a contract with the Railway to sell to Railway Stations.

It was found that the business of the Company itself was

for their own personal profit and cannot be described to be

one authorised to carry on Government business. The State

Government was found to be the appropriate Government

in the case. The next decision relied upon by the counsel

for the Respondent is Heavy Engineering Mazdoor Union

Vs. State of Bihar And Others reported in AIR 1970 SC 82

where it was held that there being nothing in Section-2(a)

to the contrary, the word "authority" must be construed

according to its ordinary meaning and therefore must mean

a legal power given by one person to another to do an act.

A person is said to be authorised or to have an authority

when he is in such a position that he can act in a certain

manner without incurring liability, to which he would be

exposed but for the authority, or, so as to produce the same

effect as if the person granting the authority had for himself

done the act, it was held. The espoused case in the matter

is Steel Authority of India and Others Vs. National Union

Waterfront Workers and others reported in 2001 6 Supreme

602 relied upon by the counsel for the petitioner. The

exposition given to the term "under the authority" in the

previous decisions had been widened in the National Union

Waterfront Workers case. Discussing various aspects the

Apex Court has held in the above decision that being

instrumentality of a Central/State Government or being

State within the meaning of Article-12 of the Constitution

cannot be determinative of the question whether an

industry carried on by a Company/Corporation or an

instrumentality of the Government is by or under the

authority of the Central Government for the purpose of or

within the meaning of the definition of "appropriate

Government". It has been held that where the authority to

carry on any industry for or on behalf of the Central

Government is conferred on the Government Company/

any undertaking by the statute under which it is created no

further question arises. But if it not so, the question that

arises is whether there is any conferment of the authority

on the Government Company/any undertaking by the

Central Government to carry out the industry in question.

This is a question of fact and has to be ascertained on the

facts and in the circumstances of each case, it has been

held. It has been further clarified that such an authority

might be conferred either by a statute or by virtue of

relationship of principal and agent or delegation of power

and this fact has to be ascertained on the facts and in the

circumstances of each case.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 15] [email protected] 24] 1937

3389

18. What is the position in the present case assuming

that the activity carried on by the Respondent is an

industry? The argument by the Counsel for the petitioner

is that it is on the basis of permission or consent given by

the Central Government that the activity is carried on by

the Respondent. The Central Government might have

granted permission to Government of Japan to run the

Consulate. The factum of issue of Visa flows from this. It is

not an authority conferred on the Respondent by the

statute. The activity of the Respondent is not done by

virtue of relation of the principal and agent between the

Government of India and Government of Japan. It is not on

the basis of delegation of power by the Central Government

also. If power is to be delegated the Central Government

should have the power to do the activity that is now being

carried by the Respondent. The Central Government could

not issue Visas on behalf of Government of Japan. It is

something that could be done only by the Government of

Japan and there is no delegation of power, this being the

case. So the Central Government could not be described as

the appropriate Government in the case even if the activity

of the respondent is taken to be an industry.

19. In view of my previous findings. the petitioner will

not be entitled to any relief even if the case is found in his

favour on merits. However, the case is to be exained on

merits for the sake of completion. Before going into merits

there is one more aspect that is to be considered. The

petitioner is said to have been terminated from service in

March, 2006. He seems to have been working on contract

basis at this time. According to him, his direct employment

was put to an end to in the year 2005 when the Contractors

were brought into the arena to do the work of gardening

for the Respondents. The reference has reached the

Tribunal in April, 2014. It is not clear on which date the

dispute was raised by the petitioner before the Asstt.

Labour Commissioner. As seen from the order of reference

the failure report of Asstt. Labour Commissioner is dated

03.01.2012. So it is to be assumed that it was by the end of

2001 that the dispute was raised before the Asstt. Labour

Commissioner. So there was a delay of more than 4 years in

raising the dispute.

20. The petitioner has stated in the claim Statement that

he did not want to rush to Court immediately after his

termination and he had been making representation requesting

the Respondent to reinstate him in service but the Respondent

had failed to give any reply. This case of the petitioner is

denied by the Respondent. the Respondent has stated in the

Counter Statement that more than 4 years after his serivces

were terminated on account of his resignation the dispute is

raised and it is frivolous and vexations.

21. The Respondent has advanced the argument that

because of the delay itself the petitioner is not entitled to

any relief. However, on going though Counter Statement it

could be seen that there is no specific case for the

Respondent that delay in initiating the proceedings

disentitles the petitioner from getting any relief. What is

contended in the Counter Statement is because of the delay

the petitioner is not entitled to any backwages in any

case.

22. The counsel for the Respondent has referred to the

decision Swapna Adhikari Vs. State of Bengal and others

reported in WP 22991/2003 of the High Court of Calcutta

with reference to the delay. However, this dispute was raised

directly before the Tribunal under Section-2(A)2 of the

Act. The decision is one S.2A(2) of the Act and is not

applicable to the facts of the present case.

23. The counsel for the petititoner has referred to the

decisions of the Apex Court in Ajaint Singh Vs. Sirhind

Cooperative Marketing-cum-Processing Service Society

Ltd. reported in AIR 1999 SC 1351 and also the decision in

Jasmer Singh Vs. State of Haryana and others reported in

2015 4 SCC 458 regarding delay. The dictum laid down by

the Apex Court as found from the above two decisions is

that no limitation is prescribed for raising demand by the

workman and seeking reference underthe Industrial

Disputes Act and provisions of Article-137 of the Limitation

Act are not applicable to any applications made under the

Industrial Disputes Act. If delay is shown to be existing

the Tribunal can appropriately mould the relief by declining

to grant back wages to the workman till the date he raised

the demand, it has been held.

24. It is apparent that the petitioner raised the dispute

after 4 years only. He has not given any valid explanation

for the same also. What he has stated in the Claim Statement

is that it was because he was making representations to

the Respondent. However, though he has referred to legal

notices caused to be sent to the Respondent and reply

received he has not produced an of those notices. In his

Proof Affidavit the case of the petitioner is that the delay

was because he had a mentally retarded son. Thus it could

be seen that there is no valid reason coming forth for the

delay. But the petitioner cannot be denied any relief on

account of this delay alone since Limitation Act is not

applicable to the demand raised by the petitioner. The only

thing is that the delay could be taken into account while

moulding the relief, if any.

25. Lastly, what is the case of petitioner on merits? The

petitioner was working as Gardener for the Respondent.

Ext. W1 is the letter of employment showing that he was

employed by the Respondent in the year 1993. Ext. W4 is

the Identity Card issued to him by the Respondent. Ext.

W2 shows his salary details of January, 1993. Ext. W5 is

the salary register for October 2004 to January, 2005 and

Ext. W6 is the Salary Register for the period from

January, 2006 to March, 2006.

3390

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

26. It is not disputed by the Respondent that the

petitioner was under its employment. The case of the

Respondent is that service of the Petitioner was terminated

on account of his resignation. It is claimed by the

Respondent that the Petitioner has received Rs. 77,166.70

towards termination benefits and he cannot claim

reinstatement on account of this. Ext. W7 shows that the

Petitioner has received the amount which is described as

Gratuity. According to the Petitioner he did not tender any

resignation. There cannot be resignation without giving

one month's notice, it is stated. What the Petitioner has

stated during his cross-examination is that he was told to

work elsewhere for a period of one year when he was paid

the amount.

27. In the Claim Statement. The petitioner has not referred

to any amount received from the Respondent as Gratuity

or otherwise. However, after the Respondent has filed

Counter Statement referring to this he has filed a rejoinder

stating that "the contention that he has resigned and

received Rs. 77.966.70 is without substance". He has

further stated that the amount was paid much earlier to the

termination. He has stated that even after payment of the

amount he continued to work and the same will demonstrate

that the sum does not represent Gratuity. Thus it is admitted

in the rejoinder that he has received the amount though

not as Gratuity.

28. What the Petitioner has stated during his cross-

examination is that he has received the amount in March

2006 and he was told that he should work somewhere else

for a period of one year. Then he stated that he does not

know why he was paid the amount at all. According to him,

he asked the Respondent about the payment but they did

not reveal for what purpose it was paid. The receipt marked

as Ext.W7 which is described as receipt of Gratuity does

not show any date. However, it is apparent from the

admission of the Petitioner that he received the amount in

March 2006. This date coincides with the date that is

claimed by the Petitioner as the month and year of

termination. Ext.W6 shows the payment of salary upto

March 2006. So there is nothing to show that the Petitioner

worked after March 2006, the period during which he

received the amount also. So the amount must have been

received by him as Gratuity itself. Otherwise he would have

been able to describe the amount. It is pertinent to notice

that the petitioner had been maintaining silence without

raising any dispute for more than 4 years after he received

this amount and he was terminated from service. So it is to

be taken that he has received the amount in satisfaction of

his claim with the Respondent after his service was put an

end to, whether by resignation or in some other manner.

Thus it could be seen that in this respect also the

Petitioner is not entitled to any relief.

In view of my discussion above the reference is answered

against the Petitioner. An award is passed accordingly.

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

corrected and pronounced by me in the open court on this

day the 31st July, 2015)

K.P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner

:

WW1, Sri V. Shankar

For the 2nd Party/Management

:

None

Documents Marked:

On the petitioner's side

Ex. No.

Date

Description

Ex.W 1

07.01.1993

Later of Employment given

by the Respondent

Ex.W 2

Jan., 1993

Salary details given by the

Respondent

Ex. W 3

08.02.2005

Conduct Certificate

Ex.W 4

01.08.2005

Identity Card

Ex.W 5

Oct. 2004-

Salary Register

Sep. 2005

Ex. W 6

Jan. 2006-

Salary Register

March 2006

Ex. W7

-

Receipt of Gratuity

Ex. W8

-

Rules of Service

Ex. W 9

-

Amendment of Rules

Ex. W 10

22.02.1993

Letter of Salary increment

Ex. W 11

11.09.2010

Petition filed by the

petitioner before Assistant

Commissioner of Labour

Ex. W 12

21.02.2011

Counter filed by the

Respondent

before

Assistant Commissioner of

Labour

Ex. W 13

01.10.2011

Reply filed by the Petitioner

before

Asstt.

Commissioner of Labour

Ex. W 14

03.04.2008

Letter regarding P.F.

Ex. W 15

-

Form regarding P.F.

On the Management's side

Ex. No.

Date

Description

Nil

ubZ fnYyh] 11 vxLr] 2015

dk-vk- 1621-—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj Mk;jsDVj tujy

nwjn'kZu dsanz ,aM vnlZ ds izca/kra= ds lac) fu;kstdksa vkSj muds

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

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 15] [email protected] 24] 1937

3391

ljdkj vkS|kSfxd vf/kdj.k ,oa Je U;k;ky;] t;iqj ds iapkV

¼lanHkZ dsl lañ 02/1996½ dks izdkf'kr djrh gS tks dsUnzh; ljdkj

dks 11@08@2015 dks izkIr gqvk FkkA

[lañ ,yµ42012@232@94&vkbZ vkj ¼Mh ;w½]

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

New Delhi, the 11th August, 2015

S.O. 1621.—In pursuance of Section 17 of the Industrial

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

hereby published the award (I.D. Case No. 02/1996) of the

Central Government Industrial Tribunal-cum- Labourt

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

Dispute between the employers in relation to the

management of the Director General, Doordarshan Kendra

& others and their workman, which was received by the

Central Government on 11/08/2015.

[No. L-42012/232/94-IR (DU)]

P. K. VENUGOPAL, Desk Officer

vuqca/k

dsUnzh; vkS|ksfxd U;k;kf/kdj.k] t;iqj

dsl uañ lhñvkbZñVhñ 02@1996

jSQjSal% Hkkjr ljdkj] Je ea=ky;] ubZ fnYyh dk vkns'k

Øekad% ,y&42012@232@94 vkbZ vkj ¼Mh-;w-½ ubZ fnYyh]

fnukad 01-03-1991

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ftyk&t;iqj] jktLFkku

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th,eVhMh dEikm.M] t;iqjA

02-

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%

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fnukad% 22-07-2015

vf/kfu.kZ;

01- Hkkjr ljdkj ds Je ea=ky; dh vkKk Øekad

,y&42012@232@94 vkbZ vkj ¼Mh-;w-½ ubZ fnYyh] ls fuEu vuqlwph

dk fookn vf/kfu.kZ; gsrq bl vf/kdj.k dks fnukad 07-04-1994 dks

bl vk'k; dk izkIr gqvk gS fd —Whether the action of the

management of Telecom Deptt. Jaipur in terminating the

services of Shri Laxmi Narayan, w.e.f. 01.03.1991 is justified?

If not to what relief the workman is entitled to?

02- izkFkhZ Jfed y{ehukjk;.k dh vksj ls fnukad 12-04-1996

dks LVsVeSaV vkWQ Dyse bl vk'k; dk izLrqr fd;k fd izkFkhZ izcaU/ku

}kjk mldh izFke fu;qfDr fnukad 12-03-1990 dks nSfud osru Hkksxh

pkSdhnkj ds in ij dh Fkh] rHkh ls og bZekunkjh o esgur ls dk;Z

djrk vk jgk gS] dHkh fdlh izdkj dh f'kdk;r ugha jghA mldh

fnukad 28-02-1991 dks izkFkhZ izcaU/ku }kjk lsok lekfIr dj nh] vkSj

lsok i`Fkddj.k ls iwoZ izkFkhZ us 12 ekg esa 240 fnu ls vf/kd dk;Z

fd;k gSA vizkFkhZ izcaU/ku }kjk mldh lsok,a lekIr djus ls iwoZ

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ckn izcU/ku }kjk ubZ fu;qfDr;kW Hkh dh xbZ gSaA izkFkhZ dh lsok lekfIr

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esa vkrk gSA izkFkhZ dh lsok lekfIr ls mlds thfodksiktZu ls oafpr gks

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esa izkFkZuk dh gS fd Jfed ls lsok i`Fkddj.k vkns'k dks voS| vkSj

vuqfpr ?kksf"kr fd;k tkdj mls lsok i`Fkddj.k vkns'k fnukad

01-02-1991 ls iqu% lsok esa fy;k tkdj lsok eqfDr fnukad ls gh mls

osru HkÙks o vU; ikfj.kkfed ykHk e; [kpkZ fnyk;k tkosA

03- vizkFkhZ izcaU/ku }kjk LVsVesaV vkWQ DySe dk tokc izLrqr dj

dFku fd;k gS fd VsyhdkWe foHkkx m|ksx dh ifjHkk"kk esa ugha vkrk gSA

bl dkj.k vf/kdj.k dks bl ekeys dh lquokbZ dk {ks=kf/kdkj ugha gSA

04- vkxs ;g dFku fd;k gS fd izkFkh dks dqN le; ds fy, fo'ks"k

dk;Z ds fy, ekpZ] 1990 esa j[kk x;k] vkSj LFkkbZ lsok esa ugha fy;kA

dk;Z iw.kZ gksus ij mls ebZ] 1991 esa gVk;k] ftldh lwpuk Jfed dks

nhA Jfed dks pwafd fo'ks"k dk;Z ds fy, j[kk x;k Fkk] vkSj mlls

vo';drk vuqlkj gh dk;Z fy;k tkrk FkkA Jfed }kjk ,d foÙkh;

o"kZ esa fujUrj 240 fnu dh vof/k ds fy, dk;Z ugha fd;k gSA lkFk gh

;g dFku fd;k gS fd Jfed dks dk;Z ij j[kus ls iwoZ ekpZ] 1990 o

dk;Z lekfIr ls iwoZ ebZ] 1991 esa lwfpr fd;k Fkk fd ftl dk;Z ds

fy, mls j[kk x;k Fkk] og vLFkkbZ gS] vkSj dk;Z lekfIr ij mls gVk

fn;k tkosxkA bl rjg ls vkS|ksfxd fookn vf/kfu;e 1947 dh /kkjk

25 (F) ds mYy?kau dk iz'u gh ugha gSA pwafd Jfed dks fof'k"B dk;Z

ds fy, j[kk x;k FkkA bl dkj.k ofj"Brk lwph izdkf'kr djus dk

loky gh ugha gksrkA Jfed dks pkSdhnkj ds in ij ugha j[kk FkkA

Jfed ds fo#) nqHkkZouko'k dksbZ Hkh dk;Zokgh ugha dh gS] vkSj vUr

esa LVsVesaV vkWQ DySe [kkfjt djus dh izkFkZuk dh gSA

3392

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

05- izkFkhZ Jfed y{ehukjk;.k }kjk vius LVsVesaV vkWQ DySe ds

leFkZu esa Lo;a dh ekSf[kd lk{; rFkk vizkFkhZ laLFkku dh vksj ls

lhñihñ HkkfV;k dh ekSf[kd lk{; fyfic) djokbZ xbZ rFkk izys[kh;

lk{; esa izn'kZ vkjµ1 yxk;r izn'kZ vkj&13 nLrkostkr iznf'kZr

djok, gSaA

06- Jfed ds fo}ku izfrfuf/k dk rdZ gS fd izcU/kd }kjk mls

fnukad 12-03-1990 ls nSfud osru Hkksxh pkSdhnkj ds fy, j[kk x;k]

ysfdu fnukad 28-02-1991 dks fcuk fdlh dkj.k uksfVl osru fn,

mldh lsok,a lekIr dj nh xbZA Jfed us ,d o"kZ esa yxkrkj 240

fnu dk;Z fd;k gSA vr% Jfed dh lsok lekfIr dk vkns'k voS|

vkSj 'kwU; gS] vkSj Jfed dks lsok esa iqu% fy;k tkdj lsok eqfDr

fnukad ls gh mls osru HkRrs o vU; ikfj.kkfed ykHk e; [kpkZ fnyk;k

tkosA

07- tcfd vizkFkhZ izcU/ku ds fo}ku izfrfuf/k dk rdZ gS fd izkFkhZ

dks lafonk ds vk/kkj ij dk;Z dh vko';drk vuqlkj vLFkkbZ :i ls

j[kk x;k FkkA bl laca/k esa izkFkhZ dks lsok esa fy, tkus iwoZ gh crk fn;k

x;k Fkk rFkk dk;Z lekIr gksus ij mldh lsok,a Lor% gh lekIr gh xbZ]

vkSj Jfed }kjk ,d o"kZ esa yxkrkj 240 fnu ls vf/kd dk;Z ugha

fd;k gSA bl rjg ls vkS|ksfxd fookn vf/kfu;e dh /kkjk 25 (F) dk

mYy?kau ugha gksrk gS] vkSj LVsVesaV vkWQ DySe izkFkZuk i= [kkfjt djus

dk fuosnu fd;k gSA

08- izkFkhZ us vius LVsVesaV vkWQ DySe o lk{; esa vizkFkhZ izcU/ku

}kjk fnukad 12-03-1990 ls nSfud osru Hkksxh pkkSdhnkj ds :i esa

j[kk tkuk vkSj fnukad 28-02-1991 dks izcU/ku }kjk mldh lsok

lekIr djuk crkrs gq, dgk gS fd bl vof/k esa Jfed }kjk 240 fnu

ls vf/kd dk;Z fd;k gSA ftjg esa ;g Lohdkj fd;k gS fd mls dksbZ

fu;qfDr i= ugha fn;k x;k] ekSf[kd :i ls gh j[kk x;k Fkk] vkSj mlds

}kjk fnukad 12-03-1990 ls fnukad 29-02-1991 rd dk;Z fd;k]

vkSj mls ekSf[kd vkns'k ls gh gVk fn;k x;kA bl rjg ls Jfed dks

lsok esa fy, tkus vkSj lsok lekIr fd, tkus dk dksbZ izcU/ku us

fyf[kr vkns'k ikfjr ugha fd;k gSA izfrj{kk esa izcU/ku ds lk{kh

lhñihñ HkkfV;k us Jfed dks ekpZ] 1990 esa nSfud osru ij lafonk ds

vk/kkj ij dqN le; ds fy, fdlh fo'ks"k dk;Z ds fy, j[kuk Lohdkj

fd;k gS] vkSj ;g dFku fd;k gS fd mldk dk;Z iw.kZr;k vLFkkbZ Fkk]

vkSj dk;Z lekIr gksus ij Jfed dh lsok,a Lor% lekIr gks xbZ]

ftldh lwpuk Jfed dks iwoZ esa gh nh xbZ FkhA iqu% Jfed dks ebZ]

1991 esa dk;Z ij j[kk x;k] vkSj ;g dk;Z vLFkkbZ FkkA dk;Z lekIr

gksus ij Lo;a gh lsok,a lekIr ekuh tk,xh] bldh lwpuk Jfed dks

nh xbZA bl rjl ls vizkFkhZx.k dh ;g lk{; gS fd Jfed us ekpZ]

1990 ls Qjojh] 1991 rd yxkrkj 240 fnu dk;Z ugha dj dsoy

228 fnu gh dk;Z fd;k gSA bl dkj.k Jfed ds laca/k esa vkS|ksfxd

fookn vf/kfu;e dh /kkjk 25 (F) ds izko/kku ykxw ugha gksrs gSaA ftjg

esa ;g Lohdkj fd;k gS fd tc Jfed dh fnukad 01-03-1991 dks

lsok,a lekIr dh xbZ rks mls dksbZ {kfriwfrZ jkf'k ugha nh xbZ] D;ksafd og

iw.kZr;k vLFkkbZ FkkA ;g Hkh Lohdkj fd;k gS fd Jfed ds laca/k esa

dksbZ ofj"Brk lwph ugha cukbZ xbZ] D;ksafd ;g vLFkkbZ Fkk] vkSj ckn esa

Jfed ds dsMj ds laca/k esa dksbZ Hkh fu;qfDr ugha dh xbZA

09- izn'kZ ,eµ3 esa Jfed dks ekpZ] 1990 ls ebZ] 1991 dh

vof/k ds nkSjku 228 fnu dk;Z djuk crk;k gSA blds laca/k esa izn'kZ

vkjµ1 yxk;r izn'kZ vkjµ10 izLrqr fd, gSa] vkSj bl vof/k ds

izek.k i= izn'kZ vkjµ11 yxk;r izn'kZ vkjµ13 izLrqr fd, gSaA bu

lHkh izys[kksa ls Jfed dk ekpZ] 1990 ls ebZ] 1991 rd 228 fnu

dk;Z djuk gh izdV gksrk gSA Jfed us ftjg esa ;g Lohdkj fd;k gS fd

mls dksbZ fu;qfDr i= ugha fn;k] vkSj mls ekSf[kd vk/kkj ij gh gVk;k

x;k] vkSj mlds }kjk 12 ekpZ] 1990 ls 29-02-1991 rd dk;Z fd;k

gSA bl vof/k esa izcU/ku dh vksj ls Hkh Jfed dk muds ;gka dk;Z

djuk Lohdkj fd;k gS] ysfdu bl laca/k esa izcU/ku dh vksj ls ;g

dgk x;k gS fd Jfed us dsoy 228 fnu gh dk;Z fd;k gS] tcfd

Jfed dk ;g dguk gS fd mlus 240 fnu ls vf/kd dk;Z fd;k gSA

Jfed dh vksj ls bl laca/k esa U;k;ky; ds le{k dksbZ lk{; izLrqr

ugha dh gS fd bl vof/k eas mlds }kjk 240 fnu ls vf/kd dk;Z fd;k

gksA

10- esjs fouez er esa Jfed dks gh ;g lkfcr djuk Fkk fd mlus

bl vof/k esa 240 fnu ls vf/kd dk;Z fd;k gS] vkSj mlds }kjk

izekf.kr ugha fd;k x;k gSA tcfd izcU/ku dh vksj ls izLrqr lk{; ls

;g Li"V gS fd bl vof/k esa Jfed us 240 fnu dk;Z ugha dj dsoy

228 fnu gh dk;Z fd;k gSA lk{kh lhñ ihñ HkkfV;k ds dFkukuqlkj

Jfed dks lafonk ds vk/kkj ij fo'ks"k dk;Z ds fy, gh dqN le; ds

fy, vLFkkbZ rkSj ij j[kk x;k Fkk] vkSj dk;Z lekIr gksus ij mldh

lsok,a vius vki gh lekIr gks xbZ] ftldh lwpuk Jfed dks nh xbZ

FkhA izn'kZ ,eµ1 i= fnukad 31-03-1990 ds }kjk Jfed dks ;g

lwfpr fd;k x;k fd izcU/ku ds ;gka fnukad 30-04-1990 rd gh

dk;Z gS] mlds ckn mls gVk;k tkosxk] vkSj dgha vU;= dk;Z ryk'k

dj ldrs gSA i= izn'kZ ,eµ2 fnukad 01-05-1991 }kjk Hkh Jfed

dks ;g lwfpr fd;k x;k fd mudk dk;Z vLFkkbZ gS] vkSj 30&40 fnu

dh vof/k dk gh 'ks"k gS] dk;Z lekIr gksus ij lHkh vius&vius fy,

dgha vkSj dk;Z ryk'k dj ldrs gSaA bl rjg ls Jfed dks vLFkkbZ rkSj

ij nSfud osru ij dk;Z fo'ks"k ds fy, gh j[kk x;k Fkk] vkSj bl

vof/k esa Hkh Jfed us ,d o"kZ esa yxkrkj 240 ;k mlls vf/kd fnol

dk;Z ugha fd;k gSA vr% ,slh fLFkfr esa vkS|ksfxd fookn vf/kfu;e

dh /kkjk 2 (oo) (bb) ds vuqlkj fu;kstd vkSj deZdkj ds e/;

lafonk ds lekIr gksus ij mldk uohuhdj.k ugha fd;k gS rFkk dk;Z ds

lekIr gksus ij Jfed dh lsok,a Lor% gh lekIr gks xbZA vr% esjs

fouez er esa ;g NVuh dh Js.kh esa ugha vkrk gSA bl dkj.k vkS|ksfxd

fookn vf/kfu;e dh /kkjk 25 (F) ds izko/kku ykxw ugha gksrs gSaA

11- vr% izcU/ku }kjk Jfed dk vkxs lsok esa tkjh ugha j[kuk

vkSj mldh fnukad 01-03-1991 ls Lor% lsok,a lekIr ekuk tkrk

mfpr vkSj oS| gSA Jfed fdlh rjg dh lgk;rk izkIr djus dk

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 15] [email protected] 24] 1937

3393

vf/kdkjh ugha gSA mijksDr foospu ds QyLo#i izdj.k esa fuEu

vf/kfu.kZ; ikfjr fd;k tkrk gS%µ

vf/kfu.kZ;

12- Jfed y{ehukjk;.k iq= Jh lsokjke fuoklh eq.Mksrk]

ok;k&dkyokM] ftyk&t;iqj] jktLFkku dh vksj ls izLrqr LVsVesaV

vkWQ Dyse vLohdkj fd;k tkdj [kkfjt fd;k tkrk gSA vizkFkhZ

izca/ku }kjk izkFkhZ y{ehukjk;.k dks fnukad 01-02-1992 ls lsok esa

ugha j[kdj Lor% lsok lekIr ekuk tkuk mfpr vkSj oS| gSA vr%

Jfed fdlh rjg dh jkgr ikus dk vf/kdkjh ugha gSA

dsnkj yky xqIrk] U;k;k/kh'k

ubZ fnYyh] 11 vxLr] 2015

dk-vk- 1622-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj Mk;jsDVj tujy

nwjn'kZu dsUnz 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;] t;iqj ds iapkV ¼lanHkZ lañ 05@1994½

dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 11-08-2015 dks izkIr

gqvk FkkA

[lañ ,y&42012@32@93&vkbZvkj¼Mh;w½]

ihñ dsñ os.kqxksiky] MsLd vf/kdkjh

New Delhi, the 11th August, 2015

S.O. 1622.—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. 05/1994) of the

Central Government Industrial Tribunal-Cum Labour Court,

Jaipur now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of the Director General, Doordarshan Kendra

and their workman, which was received by the Central

Government on 11.08.2015.

[No. L-42012/32/93-IR(DU)]

P.K. VENUGOPAL, Desk Officer

vuqca/k

dsUnzh; vkS|ksfxd U;k;kf/kdj.k] t;iqj

dsl uañ lhvkbZVh 05@1994

jSQjSal% dsUnz ljdkj] Je ea=ky;] ubZ fnYyh dk vkns'k Øekad%

,y&42012@32@93 vkbZvkj¼Mh;w½] ubZ fnYyh] fnukad 28-03-1994

izgykn eh.kk iq= fd'kuk eh.kk] fuoklh larks"kiqjk] rglhy

pkdlw] ftyk&t;iqj] ch&18] chtsih dkWyksuh] Vksad QkVd]

t;iqjA

-----------------izkFkhZ

cuke

Mk;jsDVj] nwjn'kZu dsUnz] >kykuk MwWxjh] t;iqj

----------------vizkFkhZ

mifLFkr

ihVklhu vf/kdkjh] Jh dsnkj yky xqIrk] vkjñ,pñtsñ,lñ

izkFkh dh vksj ls

% Jh vkjñlhñ tSu]

vizkFkh dh vksj ls

% Jh rstizdk'k 'kekZ

fnukad% 30-06-2015

vf/kfu.kZ;

1- Hkkjr ljdkj ds Je ea=ky; dh vkKk Øekad

,y&42012@32@93 vkbZvkj ¼Mh;w½ ubZ fnYyh] ls fuEu vuqlwph

dk fookn vf/kfu.kZ; gsrq bl vf/kdj.k dks fnukad 07-04-1994 dks

bl vk'k; dk izkIr gqvk gS fd&Whether the action of the

Director, Doordarshan Kendra, Jaipur in terminating the

services of Shri Prahalad Meena S/o Shri Kishna w.e.f.

01.02.1992 is justified? If not, what relief the workman

concerned is entitled to?

2- izkFkhZ Jfed izgykn eh.kk dh vksj ls fnukad 06-07-1994 dks

LVsVeSaV vkWQ Dyse bl vk'k; dk izLrqr fd;k fd mls fnukad

12-04-1989 dks 650@& #i;s izfrekg dh nj ls nwjn'kZu dsUnz esa

?kkl dkVus] lkQ&lQkbZ djus o cxhps dh ns[kHkky djus ds fy,

fu;qDr fd;k x;k] ysfdu mlls izk;% prqFkZ Js.kh deZpkjh dk gh dk;Z

fy;k djrs FksA mDr dk;Z Jfed }kjk dBksj ifjJe] yxu o bZekunkjh

ls fd;k x;k] ysfdu vpkud vizkFkhZ }kjk mls fcuk fdlh iwoZ lwpuk

ds 01 Qjojh] 1992 dks lsok eqDr fd;k x;kA bl ij Jfed }kjk

vizkFkh ls O;fDrxr lEidZ dj fuosnu fd;k] rc vizkFkhZ ds

vf/kdkjh }kjk deZpkjh dks vk'oklu fn;k fd 'kh?kz gh mls dke ij

ys ysxsa] ysfdu dke ij ugha fy;kA bl ij izkFkhZ us 08 twu] 1992 dks

vizkFkhZ ls iathd`r i= }kjk fuosnu dke ij ysus dk fd;k] ysfdu

vizkFkhZ us bldk dksbZ tokc ugha fn;kA bl ij izkFkhZ us ekuuh;

lgk;d Je vk;qDr] Hkkjr ljdkj] t;iqj ds le{k vkS|ksfxd fookn

izLrqr fd;k] ysfdu vizkFkhZx.k dh gB/kfeZrk ds dkj.k dksbZ le>kSrk

ugha gks ldk] ftl ij vlQy okrkZ izfrosnu dsUnzh; ljdkj ds ;gka

izLrqr fd;k] ftUgksaus ekeyk bl vf/kdj.k ds le{k izLrqr fd;kA

3- bl rjg ls vizkFkhZ }kjk izkFkhZ Jfed dh lsok eqfDr vkS|ksfxd

fookn vf/kfu;e] 1947 ds izko/kkuksa dk mYya?ku dj dh gS] tks

vuqfpr vkSj voS/k gS] D;ksafd vizkFkhZ }kjk lsok eqfDr ls iwoZ mls u rks

dksbZ uksfVl fn;k] u gh foHkkxh; tkap dh vkSj mls lquokbZ dk dksbZ

volj Hkh ugha fn;k rFkk uksfVl ds cnys ,d ekg ds osru dk

Hkqxrku Hkh ugha fd;k gSA bl rjg ls vizkFkhZ }kjk vf/kfu;e ds izkoèkuksa

dh vogsyuk dh xbZ gS] vkSj izkFkhZ dh fu;qfDr ds i'pkr~ vusd

Jfedksa dks fu;qDr fd;k] ysfdu izkFkhZ dh lsok eqfDr ls iwoZ mUgsa ugha

gVk;k x;k] tks izkFkhZ ls dfu"B FksA izkFkhZ us ,d o"kZ esa 240 fnu ls

3394

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

vf/kd fujUrj vizkFkhZ ds ;gka dk;Z fd;k gS] vkSj izkFkhZ ls dbZ dfu"B

Jfed vizkFkhZ laLFkku ds ;gka dk;Z dj jgs gSaA vUr esa izkFkZuk dh gS

fd Jfed ds lsok eqfDr vkns'k dks voS/k vkSj vuqfpr ?kksf"kr fd;k

tkdj mls lsok eqfDr vkns'k fnukad 01-02-1992 ls lsok esa ekuk

tkos] vkSj lsok eqfDr fnukad mls gh ls osru HkÙks o vU; ikfj.kkfed

ykHk e; [kpkZ fn;kyk tkosA

4- vizkFkhZ dh vksj ls fnukad 24-01-1996 dks tokc izLrqr dj

izkjafHkd vkifÙk bl vk'k; dh yh fd vizkFkhZ nwjn'kZu dsUnz] dsUnz

ljdkj dk miØe gS] ftlesa izkFkh us Hkkjr la?k dks i{kdkj ugha

cuk;k gSA lkFk gh izkFkhZ ds i{k esa dksbZ okn dkj.k mRiUu ugha gksrk gSA

izkFkhZ ds gh izkFkuk i= ds vuqlkj mlds }kjk ckx ij j[k&j[kko gsrq

Bsds ij dk;Z fd;k gSA bl gsrq Lo;a mlus vizSy] 89 esa izkFkZuk i=

izLrqr fd;k] tks izn'kZ 1 cry;k gSA

5- vizkFkhZ ds dk;kZy; esa vU; rhu O;fDr;ksa ds }kjk Hkh vkosnu

Bsds ij dk;Z djus gsrq izkIr lHkh vkosnuksa dk rqyukRed fooj.k

rS;kj fd;k] ftlesa izkFkhZ dks Bsds dh nj U;wure ikbZA blh vk/kkj ij

mls dk;Z djus dk Bsdk fn;kA rqyukRed fooj.k izn'kZ&2 gS rFkk ;g

dFku fd;k gS fd vizkFkhZ }kjk izkFkhZ dks fdlh rjg dh fu;qfDr ugha nh

xbZ gS] cfYd cxhps ds j[k&j[kko gsrq vkdfLed dk;Z Bsds ij fn;k

x;kA vr% izkFkhZ Jfed dh ifjHkk"kk esa ugha vkrk gS] ftldk vkS|ksfxd

fookn vf/kfu;e ds izko/kku ykxw ugha gksrs gSa] vkSj vizkFkhZ dk laLFkku

vkS|ksfxd fookn vf/kfu;e] 1947 dh ifjHkk"kk esa ugha vkrk gSA

vr% blh vk/kkj ij izkFkhZ dk LVsVesaV vkWQ DySe [kkfjt djus dk

fuosnu fd;k gSA

6- izkFkhZ us Bsds ij dk;Z djus ds rF; dks tku&cw>dj fNik;k gSA

pwafd izkFkhZ dks Bsds ij fuf'pr dk;Z ds fy, j[kk x;k gSA bl dkj.k

vkS|ksfxd fookn vf/kfu;e dh /kkjk 2 ¼oo) (bb) ds rgr izkFkhZ dk

DySe iks"k.kh; ugha gSA izkFkhZ dk ekeyk NVuh dh ifjHkk"kk esa ugha

vkrk gS] D;ksafd mls vuqca/k vkSj Bsds ij fuf'pr vof/k ds fy, j[kk

x;k Fkk] ftldk uohuhdj.k ugha gksus ij Bsdk Lor% lekIr gks x;k

gSA vr% LVsVesaV vkWQ DySe [kkfjt djus dh izkFkZuk dh gSA

7- izkFkhZ Jfed izgykn eh.kk }kjk vius LVsVesaV vkWQ DySe ds

leFkZu esa Lo;a dh ekSf[kd lk{;] izys[kh; lk{; esa izn'kZ MCY;w&1

yxk;r izn'kZ MCY;w&3 dks iznf'kZr djok;k gSa vizkFkhZ laLFkku dh vksj

ls vkjñ dsñ 'ksydj dh ekSf[kd lk{; fyfic) djokbZ xbZA

8- izkFkhZ ds fo}ku izfrfuf/k dk rdZ gS fd vizkFkhZ }kjk mls fnukad

12-04-1989 dks 650@& #i;s izfrekg dh nj ls fu;qfDr nh xbZ] vkSj

mlls prqFkZ Js.kh deZpkjh ds :i esa dk;Z fy;k tkrk] mlus esgur]

bZekunkjh ls dk;Z fd;k] ysfdu vpkud fnuakd 01-02-1992 dks

lsok eqDr fd;kA lsok eqfDr ls iwoZ mls u rks dksbZ vkjksi i= fn;k] u

gh uksfVl fn;k] u gh mlds fo#) ?kjsyw tkap dh xbZ vkSj mls lquokbZ

dk volj fn, fcuk mldh lsok,a fcuk fdlh dkj.k ds lekIr dh

gSaA bl gsrq izkFkhZ }kjk vizkFkhZ laLFkku ds vf/kdkjh o deZpkfj;ksa ls

fuosnu fd;k] vkSj mUgksaus Jfed dks iqu% lsok esa fy, tkus dk

vk'oklu fn;kA varr% lsok esa ugha fy;k x;kA izkFkhZ }kjk ,d o"kZ esa

240 fnu ls vf/kd dk;Z fujUr fd;k vkSj mldh lsok eqfDr ls igys u

rks ,d ekg dk uksfVl osru fn;k vkSj u gh NVuh ds izko/kkuksa ds

vuqlkj mls izfrdj dh jkf'k vnk dhA izkFkhZ ls dfu"B deZpkfj;ksa dks

vizkFkhZ }kjk ugha gVk;k x;k gSA vr% izkFkhZ vkS|ksfxd fookn vf/kfu;e

dh /kkjk 1947 ds izko/kkuksa dk mYya?ku dj lsok eqDr fd;k gSA lsok

eqfDr vkns'k dks fujLr dj mls iqu% lsok esa fu;qfDr fd, tkus o bl

vof/k ds vU; ikfj.kkfed ykHk fn, tkus dh izkFkZuk dh gSA

9- blds foijhr vizkFkhZ ds fo}ku izfrfuf/k dk rdZ gS fd izkFkhZ

dks fdlh in ij fu;qDr ugha fd;k x;k] cfYd mls fuf'pr dk;Z ,oa

fuf'pr vof/k ds fy, izkFkhZ }kjk vkosnu izLrqr djus ij Bsds ij mls

cxhps ds j[k&j[kko ds fy, j[kk x;k FkkA izkFkhZ ds lkFk gh vU; rhu

O;fDr;ksa ds vkosnu Hkh izkIr gq,A izkFkhZ dh rqyukRed :i ls U;wure

nj ikbZ xbZ] bl ij mls Bsds ij dk;Z fn;k x;kA mldh fdlh rjg dh

fu;qfDr ugha nh xbZA izkFkhZ us LVsVesaV vkWQ DySe o lk{; esa Bsds ij

j[ks tkus ds rF; dks Nqik;k gSA izkFkhZ ds Bsds dh vof/k vkxs ugha

c<+kbZ xbZA vr% vkS|ksfxd fookn vf/kfu;e dh /kkjk 2 (oo) (bb) ds

rgr izkFkhZ dk ekeyk NaVuh dh ifjHkk"kk esa ugha vkrk gS vkSj u gh

vuqca/k dk uohuhdj.k fd;k x;k gSA bl dkj.k Jfed us Bsdk

vof/k lekIr gksus ds i'pkr~ mldk Lor% gh dk;Z djuk can dj

fn;k vkSj LVsVesaV vkWQ DySe [kkfjt djus dh izkFkZuk dh gSA

10- izkFkhZ Jfed izgykn eh.kk us viuh lk{; esa LVsVesaV vkWQ

DySe dk leFkZu dj vizkFkhZ }kjk mls fnukad 12-04-1989 ls 650@&

#i;s izfrekg dh nj ls nwjn'kZu dsUnz esa ?kkl dkVus] lQkbZ djus o

cxhps dh ns[kHkky djus ds fy, fu;qDr djuk dgk gS vkSj ;g Hkh

dgk gS fd mls prqFkZ Js.kh deZpkjh ds :i esa gh dk;Z fy;k tkrk FkkA

izn'kZ ,e&1 dks vizkFkhZ }kjk fy[kok;k tkuk crkdj bl ij , ls ch

vius gLrk{kj Lohdkj fd, gSa] ftlds vuqlkj Jfed izgykn eh.kk

us fnukad 12-04-1989 dks funs'kd] nwjn'kZu dsUnz dks izkFkZuk i=

izLrqr dj ;g mYys[k fd;k gS fd mlds }kjk jkefuokl ckx] tsMh,

esa nSfud osru ij dke fd;k gS vkSj og 650@& #i;s izfrekg ij

cxhps dk dk;Z Bsds ij djus ds fy, rS;kj gSA ;|fi izkFkhZ us izkFkZuk

i= esa vizkFkhZ ds ;gka Bsds ij dk;Z djus ls bUdkj fd;k gS] ysfdu

izkFkZuk i= izn'kZ ,e&1 ls ;g Li"V gS fd mlus vizkFkhZ ds ;gka Bsds ij

650@& #i;s izfrekg dh nj ls cxhps dh j[k&j[kko ds fy, dk;Z

fd;k gSA izkFkhZ us vizkFkhZ }kjk mlds i{k esa tkjh fd;k x;k fu;qfDr

vkns'k izLrqr ugha fd;k gSA vr% izkFkhZ Jfed dks vizkFkhZ }kjk prqFkZ

Js.kh deZpkjh ds :i esa fu;qfDr nh xbZ gks] ;g esjs fouez er esa izkFkhZ

dh lk{; ls lkfcr ugha gksrk gSA izkFkhZ us izkFkZuk i= izn'kZ MCY;w&1

izLrqr dj ;g mYys[k fd;k gS fd ls >kykuk Mwaxjh ij ekyh ds dk;Z

ds fy, lsok esa fy;k FkkA blls vizR;{k :i ls ;g vFkZ fudyrk gS

fd mlus vizkFkhZ ds cxhps dh ns[kHkky ds fy, izkFkhZ dh Bsds ij

lsok,a yhA bl izkFkZuk i= esa izkFkhZ us Lo;a dks ekyh ds dk;Z ij lsok

esa ysus dk mYys[k fd;k gSA ekyh dk dk;Z vkSj cxhps dh ns[kHkky

esjs fouez er esa nksuksa gh leku dk;Z gSA izfrj{kk esa lk{kh vkjñdsñ

'ksydj us Hkh izkFkhZ dks Bsds ds vk/kkj ij cxhps dh ns[kHkky djus ds

fy, j[kuk crkdj ;g dgk gS fd Bsds dh vof/k lekIr gksus ds

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 15] [email protected] 24] 1937

3395

i'pkr~ Jfed dk dk;Zdky Lor% gh lekIr gks x;k vkSj blls iwoZ

izkFkhZ us fnukad 12-04-1989 dks izkFkZuk i= izn'kZ ,e&1 izLrqr fd;kA

vU; O;fDr;ksa us Hkh muds ;gka izkFkZuk dh] ysfdu izkFkhZ dh nj U;wure

ik, tkus ij mls Bsds ij dk;Z fn;k] vkSj ftjg esa dgk gS fd rqyukRed

dksVs'ku vk, Fks] ftldk izn'kZ ,e&2 ij fooj.k gS] vkSj Jfed dks

,d efgus dh vof/k ds fy, Bsdk fn;k Fkk] fQj vizSy] 91 ls

flrEcj] 91 rd Bsdk fn;kA

11- bl laca/k esa Jfed dh vksj ls izLrqr fd, x, U;kf;d n`"Vkar

1957 ILLJ 477 (S.C.) Dharangadhra Chemical Works, Ltd.

Vs. State of Saurashtra & others ds ekeys esa ekuuh; mPpre

U;k;ky; us ;g fu/kkZfjr fd;k gS fd dksbZ O;fDr fu;ksDrk dk deZpkjh

gSA blds fu/kkZj.k ds fy, ;g lwfuf'pr djuk gksxk fd D;k ml

O;fDr ij fu;ksDrk dk fu;a=.k vkSj i;Zos{k.k gSA

12- 2010 ¼126½ FLR 554 (Rajasthan High Court)

Rajasthan State Text Book Board Vs Shri Kajodmal &

another ds ekeys esa ekuuh; jktLFkku mPp U;k;ky; us ;g

fu/kkZfjr fd;k gS fd nksuksa gh i{kdkjksa dh lgefr ds fcuk Jfed dks

lafonk ij fu;qDr ugha fd;k tk ldrkA

13. 2010 S.C.C. (L&S) 574 Chief Secretary, Haryana &

Another Vs Chetram ds ekeys esa ekuuh; mPpre U;k;ky; us

;g fu/kkZfjr fd;k gS fd tgka fu;ksDrk }kjk lafonk dks lkfcr djus ds

fy, dksbZ lkexzh izLrqr ugha dh xbZ gS] vkSj Jfed dh lsok,a lekIr

dh xbZ gSa rks og vkS|ksfxd fookn vf/kfu;e dh /kkjk 25 (F) dk

mYy?kau gSA

14. 2000 (87) FLR 727 (S.C.) Executive Engineer, C.P.W.D.,

Indore Vs Madhukar Purshottam Kolbarkar & another ds

ekeys esa ekuuh; mPpre U;k;ky; us ;g fu/kkZfjr fd;k gS tgka

fu;qfDr vkns'k esa dk;Z dk fuf'pr le; ugha n'kkZ;k gS] vkSj nSfud

osru Hkksxh Jfed dh lsok,a lekIr dh tkrh gSa rc vf/kfu;e dh

/kkjk 2 (oo) (bb) ds izko/kku ykxw ugha gksrs gSaA

15- bl laca/k esa vizkFkhZ dh vksj ls izLrqr fd, x, U;kf;d

n`"Vkar Services Law Reporter 2002 (4) 672 Nuclear Fuel

Complex, Hyderabad Vs K. Penta Reddy & others ds ekeys

esa ekuuh; vkU/kzizns'k mPp U;k;ky; us ;g fu/kkZfjr fd;k gS fd

lafonk ij fof'k"V le; vkSj fof'k"V dk;Z ds fy, j[ks x, Jfed ds

laca/k esa vkS|ksfxd fookn vf/kfu;e dh /kkjk 25 (F) ds izko/kku

ykxw ugha gksrs gSaA

16- (1996) 10 Supreme Court Cases 597 Allahabad Bank

Vs Prem Singh ds ekeys esa ekuuh; mPpre U;k;ky; us ;g

fu/kkZfjr fd;k gS fd lafonk fy, x, Jfed ds laca/k esa lafonk dh

le; lekfIr ds ckn Lor% mldh lsok,a lekIr gks tkrh gSa] vkSj

mlds ckn og fu;ksDrk dk deZpkjh ugha jgrk gSA ,slh fLFkfr esa

vkS|ksfxd fookn vf/kfu;e dh /kkjk 2 (oo) (bb) ds rgr ;g ekeyk

NVuh dh Js.kh esa ugha vkrk gSA

17. 1197 Lab I.C. 2075 (S.C.) Himanshu Kumar Vidyarthi

& other Vs State of Bihar & others ds ekeys esa ekuuh;

mPpre U;k;ky; us ;g fu/kkZfjr fd;k gS fd nSfud osru Hkksxh deZpkjh

dh fu;qfDr dk;Z dh vko';drk ds vk/kkj ij dh tkrh gS] dksbZ in

/kkfjr ugha djrk gS] vLFkkbZ gS rFkk mldh lsok lekfIr NaVuh dh Js.kh

esa ugha vkrh gSA

18- orZeku ekeys esa Jfed us izkFkZuk i= izn'kZ ,e&1 ij vius

, ls ch gLrk{kj Lohdkj fd, gSa] vkSj lk{; esa 12-04-89 ls nwj n'kZu

dsUæ esa ?kkl dkVus] lkQ&lQkbZ djus o ns[kHkky ds fy, vizkFkhZ

}kjk fu;qDr djuk dgk gSA izn'kZ ,e&1 Jfed }kjk fnukad

12-04-1989 dks gh izLrqr fd;k gS] ftlesa mlds }kjk ;g mYys[k

fd;k gS fd mls ;g irk pyk gS fd ckx ds j[k&j[kko Bsds ij nsuk

pkgrs gSa] vkSj og 650@& #i;s izfrekg esa cxhps dk dk;Z Bsds ij

djus ds fy, rS;kj gSA izfrj{kk esa Hkh mls Bsds ij dk;Z djuk crk;k

x;k gSA vr% ;g ugha yxrk fd vizkFkhZ dk izkFkhZ ds dk;Z ij izR;{k

fu;a=.k vkSj i;Zos{k.k gksA pawfd cxhps dh ns[kHkky vkSj j[k&j[kko

vkdfLed dk;Z gS] ,slh fLFkfr esa esjs fouez er esa izkFkhZ vkS|ksfxd

fookn vf/kfu;e ds rgr Jfed dh ifjHkk"kk esa ugha vkrk gS] vkSj u

gh izkFkhZ vkSj vizkFkhZ ds e/; fu;ksDrk vkSj deZpkjh ds laca/k gSaA pawfd

izkFkhZ us vizkFkhZ ds ;gka cxhps dh ns[kHkky ds fy, Bsds ij dk;Z fd;k

gSA bl gsrq fnukad 01-04-1991 ls 30-09-1991 rd Hkqxrku Hkh

fd;k gS] vkSj Bsds ij vof/k lekIr gksus ij mldh lsok,a Lor% gh

lekIr gks xbZaA vr% vizkFkhZ dh vksj ls izLrqr U;kf;d n`"Vkarksa dks

n`f"Vxr j[krs gq, esjs fouez er esa izkFkhZ dk ekeyk vkS|ksfxd fookn

vf/kfu;e dh /kkjk 2 (oo) (bb) ds rgr NVuh dh ifjHkk"kk esa ugha

vkrk gSA Jfed dh vksj ls izLrqr fd, x, U;kf;d n`"Vkar orZeku

ekeys ds rF; o ifjfLFkfr;ksa ls fHkUu gksus ds dkj.k dksbZ enn ugha

djrs gSaA vr% vizkFkhZ }kjk vf/kfu;e dh /kkjk 25 (f) dk mYya?ku

fd;k gks] ,slk izdV ugha gksrk gSA

19- Jfed ds fo}ku izfrfuf/k dk rdZ gS fd Jfed }kjk vizkFkhZ

ds ;gka 240 fnu ls vf/kd dk;Z fd;k gS] ftlds laca/k esa u rks ?kjsyw

tkap dh xbZ gS] vkSj u gh ,d ekg dk osru uksfVl fn;k x;k gSA

tcfd vizkFkhZ ds fo}ku izfrfuf/k dk rdZ gS fd Jfed us muds le{k

,d o"kZ esa 240 fnu ls vf/kd dk;Z gh ugha fd;k gSA

20- bl laca/k esa Jfed dh vksj ls izLrqr fd, x, U;kf;d n`"Vkar

2010 Lab I.C. 1089 Director Fisheries Terminal Division Vs

Bhikubhai Meghajibhai Chavda ds ekeys esa ekuuh; mPpre

U;k;ky; us ;g fu/kkZfjr fd;k gS fd tgka Jfed dks nSfud osru ij

fy;k x;k] rc mlds fy, 'kkLdh; nLrkost tSls eLVªkSy o vU; dh

igqap cgqr eqf'dy gS] vkSj tc Jfed us ,d o"kZ esa 240 fnu dk;Z

djuk dgk gS] rc fu;ksDrk ij og flf)Hkkj gS fd og lkfcr djs fd

Jfed us ,d o"kZ esa 240 fnu dk;Z ugha fd;k gSA mDr ekeys esa

fu;ksDrk ds ikl Jfed ls lsok laca/kh lEiw.kZ nLrkost vius ikl gksrs

gq, Hkh Je U;k;ky; ds funsZ'k ds ckotwn izLrqr ugha fd, vkSj tks

izLrqr fd,] os fo'ks"kkHkk"kh FksA

3396

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

21- Jfed dh vksj ls izLrqr fd, x, vU; U;kf;d n`"Vkar

2905 (3) WLC 430 Manager, M/s Mittal Siss Ventaring

Company Vs Chetna Ram & Another ds ekeys esa tgka fu;kstu

ds fo#) iathdk] osru iathdk izLrqr ugha dh] rc Je U;k;ky; ds

fu;kstu ds fo#) izfrdwy mi/kkj.k dh] mls ekuuh; jktLFkku mPp

U;k;ky; dh vksj ls ,sls nLrkost izLrqr djus dh dksbZ izkFkZuk ugha

dh xbZ gS u gh vf/kdj.k us vizkFkhZ dks ,sls nLrkost is'k djus ds

fy, funsZf'kr fd;k gSA vr% mDr U;kf;d n`"VkaV orZeku ekeys ds

rF; o ifjfLFkfr;ksa ls fHkUu gksus ds dkj.k Jfed dh dksbZ enn ugha

djrs gSaA

22- (2006) 1 S.C.C. 106 R.M. Mellatty Vs Asstt.

Executive Engineer ds ekeys esa ekuuh; mPpre U;k;ky; us

;g fu/kkZfjr fd;k gS fd Jfed us fdlh laLFkku esa ,d o"kZ esa 240

fnu ;k mlls vf/kd dk;Z fd;k gS] ;g fl) djus dk Hkkj Jfed ij

gh gS] ftls og ekSf[kd vkSj nLrkosth lk{; izLrqr dj rFkk fu;ksDrk

ls nLrkost ryc dj lkfcr dj ldrk gSA

23- J.T. 2002 (2) S.C.C. 238 The Range Forest Officer

Vs S.T. Hadimani ,oa 2004 (8) S.C.C. 195 Municipal

Corporation, Faridabad Shri Niwas ds ekeyksa esa ekuuh;

mPpre U;k;ky; us ,slk gh fl)kUr izfrikfnr fd;k gSA lkFk gh ;g

Hkh fu/kkZfjr fd;k gS fd dsoy 'kiFk i= iLrqr djuk gh i;kZIr ugha

gSA

24- orZeku ekeys esa Jfed us vizkFkhZ ds ;gka fnukad

12-04-1989 ls tuojh] 92 rd dk;Z djuk vkSj fnukad 01-02-

1992 dks mldh lsok,a lekIr djus dk dFku fd;k gS] ysfdu bl

rF; dks lkfcr djus ds fy, Jfed us vius 'kiFk i= ds vykok

vU; dksbZ lk{; izLrqr ugha dh gSA tcfd vizkFkhZ us Jfed dks

fuf'pr dk;Z vkSj vof/k ds fy, Bsds ij ckx&cxhps ds j[k&j[kko

ds fy, j[kuk dgk gSA Jfed dh vksj ls viuh ekSf[kd lk{; ds

vykok vU; dksbZ lk{; izLrqr ugha dh gS] vkSj u gh vizkFkhZ ls fdUgha

nLrkostksa dh rHkh ls izkFkZuk dh gSA vr% esjs fouez er esa Jfed ;g

lkfcr ugha dj ik;k gS fd mUgsa viuh ;gka ,d o"kZ esa yxkrkj 240

;k mlls vf/kd fnu dk;Z fd;k gSA ,slh fLFkfr esa vizkFkhZ dh vksj ls

izLrqr fd, x, U;kf;d n`"Vkarksa dks n`f"Vxr j[krs gq, izkFkhZ dh vksj ls

izLrqr fd, x, U;kf;d n`"Vkar orZeku ekeys esa rF; o ifjfLFkfr;ksa

ls fHkUu gksus ds dkj.k dksbZ enn ugha djrs gSaA

25- vr% mijksDr foospu ds vuqlkj esjs fouez er esa Jfed dk

;g ekeyk vkS|ksfxd fookn vf/kfu;e dh /kkjk 26 ¼1½ ds rgr

NVuh dh Js.kh esa ugha vkrk gS] u gh ;g Li"V gks ik;k gS fd izkFkhZ dh

vizkFkhZ }kjk fnukad 01-02-1992 ds vkns'k ls lsok,a lekIr dh gksA

vr% og fdlh rjg dh lgk;rk izkIr djus dk vf/kdkjh ugha gSA

26- mijksDr foospu ds QyLo:i izdj.k esa fuEu vf/kfu.kZ;

ikfjr fd;k tkrk gS%&

vf/kfu.kZ;

27-

Jfed izgykn eh.kk iq= fd'kuk eh.kk] fuoklh larks"kiqjk]

rglhy & pkdlw] ftyk&t;iqj] ch&18] ch-ts-ih- dkWyksuh] Vksad

QkVd] t;iqj dh vksj ls izLrqr LVsVesaV vkWQ Dyse vLohdkj fd;k

tkdj [kkfjt fd;k tkrk gSa vizkFkhZ izca/ku }kjk izkFkhZ izgykn eh.kk

dh fnukad 01-02-1992 dks lsokeqDr djuk gh lkfcr ugha gSA vr%

Jfed fdlh rjg dh jkgr ikus dk vf/kdkjh ugha gSA

dsnkj yky xqIrk] U;k;k/kh'k

ubZ fnYyh] 11 vxLr] 2015

dkñvkñ 1623-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj VsyhQksu ftys

bathfu;j] Hkjriqj 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;] t;iqj ds iapkV ¼lanHkZ lañ 68@1995½

dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 11-08-2015 dks izkIr

gqvk FkkA

[lañ ,y&42012@161@94&vkbZvkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] MsLd vf/kdkjh

New Delhi, the 11th August, 2015

S.O. 1623.—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.

68/1995) of the Central Government Industrial Tribunal-

cum Labour Court, Jaipur now as show in the Annexure in

the Industrial Dispute between the employers in relation

to the management of the Telecom District Engineer,

Bharatpur and their workman, which was received by the

Central Governent on 11.08.2015.

[No. L-42012/161/94-IR (DU)]

P.K. VENUGOPAL, Desk Officer

vuqca/k

dsUnzh; vkS|ksfxd U;k;kf/kdj.k] t;iqj

dsl ua- lh-vkbZ-Vh- 68@1995

jSQjSal% dsUnz ljdkj] Je ea=ky;] ubZ fnYyh dk vkns'k Øekad

,y&42012@161@94&vkbZ- vkj- ¼Mh;w½ fnukad 16-11-1995

Jh dSyk'k izlkn 'kekZ iq= Jh cqn~/kh yky 'kekZ] eFkqjk njoktk ckgj]

xksyckx jksM] Hkjriqj] jktLFkkuA

µizkFkhZ

cuke

fn Vsyhdke fMfLVªDV bathfu;j] Hkjriqj

µvizkFkhZ

mifLFkr

ihBklhu vf/kdkjh Jh gseUr dqekj tSu] vkj- ,p- ts- ,l-

izkFkhZ dh vksj ls%

Jh vkj- lh- tSu

vizkFkhZ dh vksj ls%

dksbZ mifLFkr ugha

fnukad vokMZ% 08-07-2014

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 15] [email protected] 24] 1937

3397

vokMZ

Hkkjr ljdkj ds Je ea=ky; dh vkKk Øekad

,y&42012@161@94&vkbZñvkjñ¼Mh;w½ fnukad 16-11-1995 fuEu

vuqlwph dk fookn vf/kfu.kZ; gsrq bl vf/kdj.k dks izkIr gqvk gSA

"Whether the action of the management of T.D.E.

Bharatpur in terminating the service of Shri Kailash

Prasad Sharma, an unskilled labour w.e.f. 01.09.84 is

legal and Justified? If not, to what relief the workman

is entitled to?"

2- izkFkhZ Jfed dh vksj ls LVsVeSaV vkWQ Dyse is'k dj dFku

fd;k fd izkFkhZ Jfed dh HkrhZ tfj;s lk{kkRdkj fnukad 02-08-82 dks

dh x;h] ftlls izkFkhZ dks foi{kh ds i= fnukad 26-08-82 ls dk;Z ij

fy;k x;kA izkFkhZ fnukad 01-11-82 ls 31-08-84 rd foi{kh ds

v/khu yxkrkj dk;Zjr jgkA izkFkhZ }kjk ,d o"kZ esa foi{kh ds v/khu

240 fnol ls vf/kd dh lsok iw.kZ dj pqdk Fkk] ijarq foi{kh }kjk

izkFkhZ dks lsokeqDr djus ls iwoZ dksbZ uksfVl ugha fn;k] ,d ekg dk

vfxze uksfVl] uksfVl dh ,ot esa ,d ekg dk vfxze osru vkSj NaVuh

eqvkotk ugha fn;k x;kA foi{kh }kjk vf/kfu;e dh /kkjk 25,Q dh

ikyuk ugha dh x;hA izkFkhZ Jfed 1 vizSy 84 ls 18-05-84 rFkk ekg

6@1984 o 7@1984 esa chekj jgk FkkA izkFkhZ ds chekj jgus dh

vof/k Hkh lsok esa x.kuh; gSA foi{kh }kjk nSfud vLFkk;h deZpkjh ds

eSMhdy vodk'k Lohd`r ugha gksrs] ;g dgdj vodk'k ykSVk fn;sA

izkFkhZ Jfed dks lsoklekfIr ds le; fnukad 31-08-84 dks foi{kh

}kjk ,slk dksbZ i= ugha fn;k x;k fd izkFkhZ dks fdl dkj.k ls lsoki`Fkd

fd;k tk jgk gSA foi{kh }kjk izkFkhZ Jfed dks lsok ls gVkus ls iwoZ dksbZ

ofj"Brk lwph ugha cuk;h x;h] tcfd vkS|ksfxd fookn vf/kfu;e

ds rgr lsoklekfIr ds 7 fnol iwoZ Jfedksa dh ofj"Brk lwph cuk;k

tkuk vko';d gSA izkFkhZ Jfed nqHkkZouk ls LFkk;h gksus dk gdnkj ugha

cuus nsus ds dkj.k lsok ls gVk;k x;k gSA izkFkhZ fnukad 01-09-84 ls

vuqifLFkr gksrk rks ekg flrEcj 84 esa mlds uke ds vuqifLFkfr

vafdr dh tkrhA izkFkhZ Jfed ds i= fnukad 18-04-88 ij foHkkx

}kjk fnukad 22-04-88 ds i= }kjk Jfed dks lsok ls gVkus dk dkj.k

twfu;j gksuk vafdr gS] tcfd izkFkhZ dh lsokeqfDr ds ckn u;s Jfedksa

fot; flag] vkseizdk'k dks dk;Z ij fy;k x;k gS] tks vkt Hkh foi{kh

ds ;gka dk;Zjr gSA u;s Jfedksa dks yxkus ls iwoZ izkFkhZ Jfed dks dksbZ

i= ugha Hkstk x;kA izkFkhZ Jfed dks dksbZ pktZ'khV o Li"Vhdj.k ugha

fn;k x;k vkSj u gha mlds fo:) dksbZ tkap dh x;hA izkFkhZ lsok

lekfIr ls csjkstxkj gS rFkk izkFkhZ dh lsokeqfDr foi{kh dh vuQs;j

yscj izksfDVl gSA vr% izkFkhZ Jfed dks fnukad 01-09-84 ls yxkrkj

lsok esa ekurs gq;s iw.kZ osru HkÙkksa] ykHkksa ,oa ifjykHkksa lfgr lsok esa

Jfed ds :i esa cgky fd;k tkosaA

3- vizkFkhZx.k }kjk izkjafHkd vkifÙk djrs gq;s dFku fd;k fd izkFkhZ

}kjk izLrqr Dyse U;k;kf/kdj.k ds le{k iks"k.kh; ugha gSA foi{kh

laLFkku vkS|ksfxd laLFkku ugha gSA izkFkhZ }kjk fookn 8 o"kZ dh nsjh ls

mBk;k x;k gSA xq.kkoxq.k ij foi{kh dk dFku gS fd izkFkhZ ekg vxLr

84 ds ckn Lor% gh fcuk fdlh lwpuk ds dk;Z ls vuqifLFkr jgkA

izkFkhZ dks nSfud osru Hkksxh deZpkjh ds vk/kkj ij vkdfLed dk;Z

dh miyC/krk ij vkdfLed vk/kkj ij yxk;k x;k FkkA foHkkxh;

fu;ekuqlkj nSfud osru Hkksxh Jfed }kjk okLrfod dk;Z ds fnol gh

lsok esa fxus tkrs g®A izkFkhZ }kjk viuh chekjh ds laca/k esa dksbZ izek.k

i= izLrqr ugha fd;k x;kA izkFkhZ dks foi{kh dk;kZy; vfHkys[k vuqlkj

rFkkdfFkr i= fnukad 28-4-88 dHkh ugha fn;k x;kA izkFkhZ Lo;a fcuk

fdlh lwpuk ds lsok ls vuqifLFkr jgk gS] vr% mlds lsoki`FkDdj.k

dk dksbZ iz'u gh ugha mBrk gSA vr% izkFkhZ }kjk izLrqr Dyse [kkfjt

fd;s tkus ;ksX; gSA

4- foi{kh dh vksj ls Jh egs'k izlkn xqIrk lk{; esa ijhf{kr gq;s gSaA

izkFkhZ dh vksj ls Lo;a izkFkhZ dSyk'k pan 'kekZ lk{; ls ijhf{kr gqvk gSA

vizkFkhZ izfrfuf/k }kjk ftjg dh x;h gSA

5- foi{kh dh vksj ls dksbZ mifLFkr ugha gksus ij izkFkhZ izfrfuf/k dh

cgl lquh x;hA i=koyh dk voyksdu fd;k x;kA

6- izkFkhZ ds fo}ku izfrfuf/k dk rdZ gS fd izkFkhZ fnukad 01-11-82

ls 31-08-84 rd foi{kh ds v/khu dk;Zjr jgk gSA bl vof/k esa

fnukad 01-04-84 ls 18-05-84 rFkk fnukad 31-05-84 ls 31-07-84

rd chekj jgk] ftlls chekjh laca/kh izek.k i= izn'kZ MCY;w 1 yxk;r

2 rFkk 6 yxk;r 11 ls izekf.kr gSA izkFkhZ ds chekj jgus dh vof/k Hkh

vf/kfu;e dh /kkjk 25ch ds vuqlkj ekus tkus ;ksX; gSA vU;Fkk Hkh

izkFkhZ }kjk ,d CykWd o"kZ esa 240 fnu ls vf/kd dh lsok dh gSA izkFkhZ

Jfed dks lsokeqDr djus ls iwoZ foi{kh }kjk 25,Q dh ikyuk ugha

dh x;hA foi{kh ds i= fnukad 28-04-88 }kjk Li"V gS fd izkFkhZ dks

twfu;j gksus ds uke ij gVk;k x;k gS] bl rF; dks foi{kh dh lk{; us

Hkh Lohdkj fd;k gSA vr% foi{kh dk ;g dFku fd izkFkhZ dke NksM+dj

pyk x;k] ekus tkus ;ksX; ugha gSA izkFkhZ dks gVk;s tkrs le; vkSñ foñ

vf/kfu;e dh /kkjk 25th o fu;e 77 dh ikyuk ugha dh x;hA foi{kh

ds xokg us ftjg esa ;g Lohdkj fd;k gS fd izkFkhZ ls twfu;j loZ

Jh Hkxoku flag iq= Jh ghjk flag] Hkxoku flag iq= Jh eqjkjh] egkjkt

flag] nhipan o vkseizdk'k dks ugha gVk;k x;k vkSj u gh izkFkhZ dks

gVk;s tkus ls iwoZ dksbZ ofj"Brk lwph tkjh dh x;hA foi{kh laLFkku

m|ksx dh ifjHkk"kk esa vkrk gSA izkFkhZ }kjk fookn nsjh ls mBk;s tkus dh

vkifÙk dh x;h gS] ;g fcUnq iwoZ esa fuf.kZr gks pqdk gSA dsUnz ljdkj

}kjk nsjh ls fookn mBk;s tkus ds dkj.k fookn esa U;k;fu.kZ;kFkZ vxzsf"kr

ugha djus ij mlds vkns'k fnukad 24-08-94 dks ekuuh; mPp

U;k;ky; esa ;kfpdk nk;j djus ij ekuuh; mPp U;k;ky; ds funsZ'kks

ds vuq:i fookn dks U;k;fu.kZ;kFkZ vxzsf"kr fd;k x;k gSA vU;Fkk Hkh

nsjh ds vk/kkj ij jsQjsal dks [kkfjt ugha fd;k tk ldrkA izkFkhZ dh

lsokeqfDr vf/kfu;e dh /kkjk 25,Q ,oa 25 th dh ikyuk fd;s fcuk

dh x;h gSA ekuuh; loksZPp U;k;ky; }kjk Msyh ostst dstqvy yscj

vUMj ih,aMVh fMikVZesaV cuke ;wfu;u vkWQ bafM;k ds izdj.k esa

fnukad 27-10-87 dks ikfjr fu.kZ; ds vuqlkj cukbZ xbZ Ldhe ds

varxZr izkFkhZ ,d o"kZ dj ysus ds dkj.k fu;fer vLFkkbZ etwnj gks

tkrk gS o vkxs fu;ferhdj.k dk ykHk izkIr djrk gSA vr% izkFkhZ

Jfed fiNyk laiw.kZ osru o vU; lHkh ifjykHkksa lfgr lsok esa cgky

3398

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

fd;s tkus dk vf/kdkjh gSA izkFkhZ izfrfuf/k }kjk vius rdks± ds leFkZu

esa fuEu U;kf;d n`"Vkar is'k fd;s x;s gSa%µ

1- ,lñ chñ flfoy fjV fiVhlu uacj 2813@96 ;wfu;u vkWQ

bafM;k cuke y{ehukjk;.k esa fu.kZ; fnukad 12-02-98

2- vkj ,y McY;w 1995 ¼1½ 704 phQ bathfu;j bjhxs'ku

cuke deys'k o vU;A

3- 2010 ¼124½ ,Q,yvkj 285 jktñ ,xzhdYpj ;wfuoflZVh

cxSjg cuke b.MfLVª;y fVªC;quy o vU;A

4- 2010 II ,y,y ts 277 ¼,lñlhñ½ gjftUnz flag cuke

iatkc LVsV os;jgůlx dkjiksjs'kuA

5- 2011¼130½ ,y ,Q vkj 337 nsosUnz flag cuke eqfuf'kiy

dkmafly lkukSjA

6- Mhch Lis'ky vihy fjV uacj 1551@2012 ;wdks cSad o

vU; cuke ujsUnz dqekj 'kekZ esa fu.kZ; fnukad 09-01-13

7- ,lñchñ flfoy fjV fiVhlu uacj 2484@04 lwjt ey

cuke LVsV vkWQ jktñ o vU; esa fu.kZ; fnukad 21-05-07

8- 1994 II ,y,y ts 689 xkSjh'kadj fo'odekZ cuke bZxy

fLizax b.MLVªht izkñ fyñ o vU;A

9- 2001 II ,y ,y ts 1592 LVsV vkWQ gfj;k.kk cuke fot;

dqekj o vU;A

10- Mhñ chñ Lis'ky fjV fiVhlu uacj 129@87 enu flag cuke

tt yscj dksVZ esa fu.kZ; fnukad 22-04-87

11- 1999 , vkbZ vkjµ,l lh McY;w 694 ¼,lñlhñ½ lfeLFkk

nqcs cuke flVh cksMZ bVkokA

12- 1991 ¼1½ vkj ,y vkj 577 ukFkZu jsyos U;w nsgyh cuke

tt lhvkbZVhA

7- izkFkhZ izfrfuf/k ds rdksZa dk euu fd;k ,oa i=koyh dk xgurk

ls voyksdu o v/;;u fd;k x;kA vizkFkhZ dh vksj ls dksbZ mifLFkr

ugha gqvk gSA pwafd mDr jsQjsal jkT; ljdkj }kjk vf/kfu.kZ; gsrq izsf"kr

fd;k x;k gSA vr% izdj.k dk xq.kkoxq.k ij esjk fofu'p; fuEu

izdkj ls gSA esjs fouez er esa fu"d"kZ ij igqapus ls iwoZ nksuksa i{kksa dh

vksj ls izLrqr xokgksa ds c;kuksa dh foospuk djuk mfpr gksxkA

8- izkFkhZ dSyk'k izlkn 'kekZ us vius 'kiFk i= ds eq[; ijh{k.k esa

LVsVesaV vkWQ Dyse esa of.kZr rF;ksa dks nksgjkrs gq;s dFku fd;k gS fd

og fnukad 01-11-82 ls 31-08-84 rd foi{kh ds v/khu yxkrkj

dk;Zjr jgkA og ,d o"kZ esa 240 fnol ls vf/kd dh lsok iw.kZ dj

pqdk gSA esjh chekjh o fQVus'k ds izek.k i= izn'kZ McY;w 1 o 2 gSA

fnukad 28-04-88 dk foi{kh dk i= ftlesa mls twfu;j gksus ds dkj.k

gVk;k tkuk vafdr gS] izn'kZ McY;w&4 gSA foi{kh dk fnukad

01-12-87 dk i= izn'kZ McY;w&3 gSA foi{kh dk fnukad 16-04-88

dk i= izn'kZ McY;w&5 gS] ftlds }kjk foi{kh us esjk laiw.kZ lsok

fooj.k ekaxk gSA foi{kh }kjk esjh lsok lekfIr ds ckn u;s Jfedksa

fot; flag] vkseizdk'k oxSjg dks dk;Z ij fy;k gS] tks vkt Hkh

foi{kh ds v/khu dk;Zjr gSA ftjg esa izkFkhZ us Lohdkj fd;k gS fd mls

fu;qfDr vkns'k fn;k Fkk] tks U;k;ky; i=koyh esa ugha gSA xokg us

izn'kZ McY;w&4 izkIr gksuk Lohdkj fd;k gS rFkk blds ckn dh fy[kki<+h

ds dkxt dksVZ esa is'k ugha gksuk crk;k gSA chekjh ds dkj.k vodk'k

ij tkus ls iwoZ vodk'k izkFkZuk i= nsuk crk;k gS ysfdu ;g izkFkZuk

i= dksVZ esa is'k ugha djuk Lohdkj fd;k gSA foi{kh laLFkku es lu~

1988 esa Hkh izkFkhZ ls twfu;j Jfed dke ugha dj jgs gks] bl dFku dks

xyr crk;k gSA

9- foi{kh dh vksj ls izLrqr xokg Jh egs'k dqekj xqIrk us vius

'kiFk i= ds eq[; ijh{k.k esa LVsVesaV vkWQ Dyse ds tokc dks

nksgjkrs gq;s dFku fd;k gS fd izkFkhZ Lo;a fcuk fdlh lwpuk dks dk;Z ls

vuqifLFkr gks x;k vkSj vxLr 1984 rd dk;Z ij ugha ykSVk] blfy;s

mldk uke flrEcj 1984 ds eLVjksy esa ugha fy[kk x;kA izkFkhZ

Jfed dh lsok;sa bl dk;kZy; }kjk lekIr ugha dh x;hA dStqvy

yscj ds ekeys esa NqfV~V;ksa ds fnuksa dks ugha fxuk tkrk gS] foHkkxh;

fu;ekuqlkj yxkrkj lsok esa dk;Z ij mifLFkr jgus ds fnu gh fxus

tkrs g®A izkFkhZ Lo;a fcuk lwpuk ds vuqifLFkr gqvk gS] vr% lsoklekfIr

o ofj"Brk lwph nsus dk iz'u gh ugha mBrkA izkFkhZ Jfed }kjk fookn

8 o"kZ dh nsjh ls mBk;k x;k gSA ftjg esa mDr xokg us vxLr 1984

rd izkFkhZ Jfed ds vuqifLFkr gksus ds dFku dks vlR; crk;k gSA

xokg us izkFkhZ ds 31 vxLr 84 dks mifLFkr gksus ds ckn Hkh 1 flrEcj

dks uke ugha fy[ks tkus ds ckjs esa irk ugha gksuk dFku fd;k gSA lkFk

gh vkxs dgk gS fd Jfed dk uke flrEcj ekg esa 1 rkjh[k dks izkFkhZ

Jfed vuqifLFkr gksxk] ftlls mldk uke ugha fy[k x;kA xokg us

foi{kh laLFkku esa jfookj rFkk vU; vodk'kksa dh x.kuk 240 fnu esa

ugha fxus tkus dk fu;e gksuk crk;k gS] ysfdu ,slk dksbZ fu;e is'k

ugah djuk dgk gSA xokg us izkFkhZ ds nSfud osru Hkksxh deZpkjh gksus ds

dkj.k mls dksbZ uksfVl vkjksi i=] Li"Vhdj.k] uksfVl is] NaVuh eqvkotk

ugha nsuk crk;k gSA izn'kZ McY;w 6 yxk;r 11 ,lMhvks QksUl Hkjriqj

}kjk tkjh djuk crk;k gSA xokg us Jfed Hkxoku flag iq= eqjkjhyky

lcls igys flrEcj 1983 esa nhipan 1984 esa] Hkxoku flag iq= ghjk

flag lcls igys vxLr 84 esa dke ij vk;s FksA izn'kZ McY;w 5

dk;kZy; ds l{ke vf/kdkjh }kjk tkjh gksuk rFkk bldk Jfed }kjk

Hkstk x;k tokc o vU; dk;Zokgh ds ckjs esa i=koyh ns[kdj gh crk

lduk dFku fd;k gSA xokg us izn'kZ MoY;w 4 ds }kjk Jfed dh lsok

ls gVkus dk tks dkj.k crk;k gS] og lgh gksuk rFkk mlh dkj.k ls

gVk;k tkuk Lohdkj fd;k gSA

10- foi{kh }kjk izLrqr tokc esa izkFkhZ Jfed }kjk fookn 8 o"kZ dh

nsjh ls mBk;s tkus ds lacaè esa izkjfEHkd vkifÙk dh x;h gSA bl lacaè

esa dsUnz ljdkj }kjk fookn 8 o"kZ dh nsjh ls mBk;s tkus ij izkFkhZ dk

fookn i=kad 40012@161@94 fnukad 24-08-94 }kjk Hkstus ls badkj

fd;k x;k gSA ftlds fo#) izkFkhZ Jfed }kjk ekuuh; mPp U;k;ky;

esa ;kfpdk nk;j dh tkus ij ekuuh; mPp U;k;ky; }kjk dsUnz ljdkj

ds mDr i= fnukad 24-08-94 dks jí fd;k x;k gSA ftlds mijkar

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 15] [email protected] 24] 1937

3399

dsUnz ljdkj }kjk u;s fljs ls mDr jsQjsal vfèfu.kZ; gsrq bl

U;k;kfèdj.k dks izsf"kr fd;k gSA dsUnz ljdkj }kjk bl lewy izfØ;k

dk o.kZu Hkh vius jsQjsal esa fd;k x;k gSA vr% dsUnz ljdkj }kjk

ekuuh; mPp U;k;ky; ds vkns'k ds mijkar vfèfu.kZ; gsrq izkFkhZ dk

mDr fookn bl U;k;kfèdj.k dks izsf"kr fd;k gSA ftls 8 o"kZ dh nsjh

ugha ekuh tk ldrhA vr% foi{kh dh mDr izkjfEHkd vkifÙk Lohdkj

dh tkus ;ksX; ugha gSA

11- i=koyh ds voyksdu ls izdV gksrk gSa fd foi{kh }kjk izkFkhZ

dh dk;Z ij mifLFkr ds lacaè esa tks izek.k izn'kZ MCY;w 6 yxk;r 11

tkjh fd;s x;s gSa] muesa ls izn'kZ MCY;w 6 ds vuqlkj izkFkhZ Jfed

fnukad 01-11-82 ls foi{kh ds vèhu eLVjksy ij dk;Zjr jgk gSA

izkFkhZ }kjk viuh fu;qfDr lk{kkRdkj ds ek/;e ls gksuk crk;k gS]

ysfdu izkFkhZ dh vksj ls tks nLrkost is'k fd;s x;s gSa] muesa fu;qfDr

vkns'k ugha gS] izn'kZ McY;w 6 yxk;r 11 ds voyksdu ls ;g Li"V gS

fd izkFkhZ }kjk 240 fnol ls vfèd dk;Z fd;k x;k gS] ysfdu izkFkhZ

fnukad 01-04-84 ls 18-05-84] 30-05-84 ls 31-07-84 rd chekj

gksus ds dkj.k dk;Z ij mifLFkr ugha gksuk crk;k gS] blds lacaè esa

izkFkhZ }kjk fpfdRlk izek.k i= izn'kZ MCY;w 1 o MoY;w 2 is'k fd;s

x;s gSaA ysfdu izkFkhZ Jfed }kjk vius 'kiFk i= ,oa Dyse esa ;g

dgha of.kZr ugha fd;k gS fd og fdl chekjh ls xzflr Fkk vkSj viuh

chekjh ds lacaè esa fpfdRld }kjk tkjh iphZ eSMhdy fcyksa dh izfr

vkfn nLrkost is'k ugha fd;s gaSA izkFkhZ }kjk vodk'k ij tkus ls iwoZ

dksbZ izkFkZuk i= foi{k dks fn;k x;k gks] bldh izfr Hkh U;k;kfèdj.k

ds le{k is'k ugha djuk ftjg esa Lohdkj fd;k gSA foi{kh dh vksj ls

izLrqr xokg us izn'kZ MoY;w 4 esa vafdr dkj.k ls gh izkFkhZ Jfed dks

lsok ls gVk;k tkuk rFkk of.kZr rF; lgh gksuk crk;k gSA izn'kZ MCY;w

4 esa ;g Li"V :i ls vafdr fd;k x;k gS fd izkFkhZ Jfed dks twfu;j

gksus ds dkj.k ls gVk;k x;k gSA tcfd izkFkhZ dks gVkus ds iwoZ izkFkhZ

Jfed ls twfu;j Jfed Hkh foi{kh laLFkku esa dke dj jgs FksA izkFkhZ

Jfed }kjk ,d o"kZ esa 240 fnol ls vfèd dk;Z iw.kZ fd;k x;k gS]

tks mlds chekj jgus dh vofè dks tksM+rs gq;s gksrh gSA ;|fi izkFkhZ

}kjk viuh chekjh ds lacaè esa dsoy fpfdRlk izek.k i= gh is'k

fd;k x;k gS] tcfd fpfdRld iphZ] eSMhdy fcy] vodk'k ij

tkus ls iwoZ vodk'k izkFkZuk i= dh izfr] vodk'k c<+kus gsrq izkFkhZ

Jfed }kjk dksbZ i=kpkj fd;k x;k gks] bl lacaè esa dksbZ Hkh izkFkZuk

i= dh izfr vFkok Mkd jlhn vkfn is'k ugha fd;s gSa] rFkkfi dsoy

ek= eSMhdy izek.k i= dks ekurs gq;s ;g izekf.kr ekuk tkrk gS fd

izkFkhZ Jfed us foxr o"kZ esa 240 fnol ls vfèd dk;Z fd;k gSA izkFkhZ

Jfed }kjk 240 fnol iw.kZ fd;s tkus ds mijkar Hkh foi{kh }kjk izkFkhZ

dks lsok ls gVkus ls iwoZ dksbZ uksfVl] uksfVl is] NaVuh eqvkotk ugha

fn;k x;k] tks vkS|ksfxd fookn vfèfu;e] 1947 dh èkjk 25 ,Q

dk mYya?ku gSA tks mfpr ugha gSA vr% vizkFkhZ foHkkx }kjk vkS|ksfxd

fookn vfèfu;e 1947 dh èkjk 25 ,Q dh ikyuk ugha fd;k tkuk

izdV gksrk gSA

12- ekuuh; loksZPp U;k;ky; }kjk U;kf;d n`"Vkar 2010¼III½

Mhñ,uñtsñ ¼,lñlhñ½ 1019 lhfu;j lqizhVsaMsaV VsyhxzkQ ¼VªsfQd½

cuke larks"k dqekj rFkk ,lñchñ lhñ McY;wñ] uacj 281@2012 fd'ku

o vU; cuke tt yscj dksVZ la[;k 02 esa fu.kZ; fnukad 08-01-2012

esa ekuuh; mPp U;k;ky; }kjk vfHkfuèkZfjr fd;k x;k gS fd bl

rjg ds nSfud osru Hkksxh Jfedx.k ftUgksaus 1&2 o"kZ gh y?kq vofè

ds fy;s dk;Z fd;k gks rks mudks lsok esa okfil fy;s tkus dk vkns'k

rFkk cdk;k osru HkÙkksa ds fnyk;s tkus ds vkns'k dks mfpr ugha ekuk

gS] cfYd ,sls ekeyksa esa Jfedx.kksa dks ,deq'r {kfriwfrZ dh jkf'k

fn;k tkuk mfpr ekuk gSA fopkj.kh; izdj.k esa Hkh izkFkhZ Jfed }kjk

1&2 o"kZ dh y?kq vofè ds fy;s dke fd;k x;k gSA vr% ekuuh;

loksZPp U;k;ky; rFkk ekuuh; mPp U;k;ky; ds uohure fu"d"kks±

dks eísutj j[krs gq;s izkFkhZ Jfed dks fiNyk rhu ,oa vU; lHkh

ykHk fn;k tkuk rFkk lsok esa iqu% fu;ksftr djuk mfpr ugha le>rk

gw¡A esjs fouez er esa mDr nksukas U;kf;d n`"Vkarksa ds izdk'k esa izkFkhZ

Jfed dks ipkl gtkj #i;s {kfriwfrZ jkf'k ds :i esa fn;s tkus ls

U;k; ds mís'; dh iwfrZ gks tk;sxhA 2010(III) Mhñ,uñtsñ ¼,lñlhñ½

1019 lhfu;j lqizhVsaMsaV VsyhxzkQ ¼VªsfQd½ cuke larks"k dqekj ds iSjk

la[;k 08 bl ckjs esa egRoiw.kZ fn'kk&funsZ'k iznku djrk gSA blh rjg

,lñchñ lhñMoY;w] uacj 281@2012 fd'ku o vU; cuke tt yscj

dksVZ la[;k 02 esa fu.kZ; fnukad 08-01-2012 ds vfUre nks iSjkxzkQ esa

Hkh bl ckjs esa ekxZn'kZu iznku djrs gSaA fygktk bu uohure U;kf;d

n`"Vkarksa esa iznku fd, x;s fn'kk&funsZ'kksa ds eqrkfcd izkFkh Jfed dks

dsoy ipkl gtkj #i;s {kfriwfrZ jkf'k vnk dj nsus ls U;k; ds

mís'; dh iwfrZ gks tk;sxhA

13- izkFkh izfrfufè dh vksj ls izLrqr U;kf;d n`"Vkarksa dk eSaus

ckjhdh ls v/;ksikar fouezrkiwoZd voyksdu fd;kA izkFkhZ izfrfufè

}kjk U;kf;d n`"Vkar izLrqr dj Jfed dks iqu% lsok esa fy;s tkus rFkk

fiNys leLr osru ,oa vU; lHkh ykHk fnyk;s tkus dh izkFkZuk dh gSA

bl lacaè esa izkFkhZ izfrfufè }kjk izLrqr n`"Vkarksa ds rF; ,oa ifjfLFkfr;k¡

gLrxr izdj.k ds rF;ksa ,oa ifjfLFkfr;ksa ls Hkkjh] fHkUurk j[krs gS]

vr% mDr lHkh U;kf;d n`"Vkar izkFkhZ Jfed ds dsl esa ykxw ugha gksrs

gSaA

14- mijksDr foospu ds QyLo:i izdj.k esa fuEu vokMZ ikfjr

fd;k tkrk gS%—

vokMZ

^^izkFkhZ Jfed Jh dSyk'k izlkn 'kekZ dh lsokeqfDr fu;kstd

}kjk vkS|ksfxd fookn vfèfu;e ds izkoèkuksa dh ikyuk fd;s

fcuk djuk mfpr o oS| ugha gSA pwWfd Jfed dh lsokeqfDr ls

iwoZ foi{kh fu;kstd }kjk vkS|ksfxd fookn vfèfu;e 1947

ds izkoèkuksa dh ikyuk ugha dh x;h gS] vr% Jfed ,deq'r

{kfriwfrZ jkf'k izkIr djus dk vfèdkjh gSA izkFkhZ Jfed dks

ipkl gtkj #i;s ,deq'r {kfriwfrZ jkf'k ds :i esa fnyk;s

tkrs gSaA**

15- vokMZ vkt fnukad 08-07-2014 dks [kqys U;k;ky; esa fy[kk;k

tkdj lquk;k x;k tks dsUnz ljdkj dks izdk'kukFkZ fu;ekuqlkj Hkstk

tkosA

gseUr dqekj tSu] U;k;kèh'k

3400

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

ubZ fnYyh] 12 vxLr] 2015

dkñvkñ 1624-—vkS|ksfxd fookn vfèfu;e] 1947¼1947 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 60@1997½ dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 12@08@2015 dks izkIr gqvk FkkA

[lañ ,y&20012@444@1994&vkbZ vkj ¼lh&1½]

,eñ dsñ flag] vuqHkkx vfèdkjh

New Delhi, the 12th August, 2015

S.O. 1624.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947, the Central Govenment

hereby publishes the Award Ref. No. 60/1997) 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 FCI and their workmen, reveived by

the Central Government on 12/08/2015.

[No. L-20012/444/1994-IR(C-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMANT

INDUSTRIAL TRIBUNAL NO. 1, DHANBAD

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

I.D. Act. 1947

Reference: No. 60/1997

Employer in relation to the management of Bhuringia

Project M/s B.C.C.L.

and Their Workman

Present:

SHRI R.K. SARAN,

Presiding Officer

Appearances:

For the Employer

:- Shre D.K. Verma Advocate

For the workman

:- Shre S. Sharma, Advocate

State: Jharkhand

Industry: Coal

Dated: 27/7/2015

AWARD

By order No. L-20012/444/1994-IR (C-1) dated 21/

02/1997, the Central Government in the Ministry of

Labour has, in exercise of the powers conferred by clause

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

of the Industrial Disputes Act, 1947 referred the

following dispute for adjudication to this Tribunal:

SCHEDULE

"Whether the Claim of the Union that Sh. Mangu

Kumhar and Thirty other (as per list enclosed) were

working at Bhurungia Project since 1985 is correct?

If so, whether these workmen are eligible for

regularization by the management of Bhurungia

Colliery? If so, to what relief are they entitled?"

ANNEXURE

List of workmen

uke

ekfld osru 1250@& tek jkkf'k 62&50

1- ekaxq dqEgkj

9-50@&

dqy tek 32145@&

2- ukxs'oj ikloku

**

**

3- #lku jokuh

**

**

4- >jh jokuh

**

**

5 - ijes'oj

**

**

6- lkèw jokuh

**

**

7- èus'oj jokuh

**

**

8- fxjtk jokuh

**

**

9- ?ku';ke

**

**

10- fd"Vk ckmjh

**

**

11- dkty xksi

**

**

12- 'kadj flag

**

**

13- f'koukFk jokuh

**

**

14- cqèq dqEgkj

**

**

15- fèjt jokuh

**

**

16- VquVqu jokuh

**

**

17- cklnso

**

**

18- cqèu egrks

**

**

19- Hkq[ky jokuh

**

**

20- gjkèu jokuh

**

**

21- Hkwus'oj jokuh

**

**

22- >aVw jokuh

**

**

23- gk: dqEgkj

**

**

24- xqyw dqEgkj

**

**

25- iznhi cuthZ

**

**

26- cafdepan egrks

**

**

27- y{eh dkUr egrks

**

**

28- Hkhek

**

**

29- ckcwyky jokuh

**

**

30- v'kksd

**

**

31- euksgj

**

**

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 15] [email protected] 24] 1937

3401

2. The case is received from the Ministry of Labour

on 06.02.1997. After receipt of reference, both parties

are noticed, the Sponsoring Union/Workman files their

written statement on 14.07.1997. The management also

files written statement-cum-rejoinder on 31.07.2000.

Both side adduce one witness each on their behalf.

Document of workman marked as W-1 & W-2.

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

whether mangu kumhar and 30 others are to be regularised

under BCCL in Bhurungia Colliery of Mahuda or not.

4. The workman though submitted that they were

working in the colliery, failed to file any I.D. card gate pass

or appointment letter and except photo copies of certain

document and one certificate, nothing was filed.

5. The management submitted that during conciliation

the Ld conciliation officer did not feel it proper to refer the

dispute only due to interference of the High Court, it is

referred. Fathers name of workman is not before me. The

workmen unable to say in evidence, who engaged them.

He said that they don't have any appointment letter. They

have not produced any I.D. card that they were working in

the colliery.

6. This being the situation without any authenticated

document, like orginal I.D. card or other documents, this

Tribunal unable to hold that the workmen were working in

the colliery. Therefore ordering regularization is not

possible.

7. Considering the facts and circumstances of this case,

I hold that the claim of the Union that Sh. Mangu Kumhar

and Thirty other (as per list enclosed) were working at

Bhurungia Project since 1985 is not correct. Accordingly

regularization is not possible. He is not entitled to get any

relief. Answer of reference is negative.

This is my award.

R.K. SARAN, Presiding Officer

ubZ fnYyh] 12 vxLr] 2015

dkñvkñ 1625-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

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

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

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

vf/kdj.k@Je U;k;ky;] uañ 1] p.Mhx<+ ds iapkV ¼lanHkZ la[;k

16@2011½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 12@08@2015

dks izkIr gqvk FkkA

[lañ ,y&11012@11@2011&vkbZ vkj ¼lh,e&I½]

,e- ds- flag] vuqHkkx vf/kdkjh

New Delhi, the 12th August, 2015

S.O. 1625.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 16/

2011) of the Cent. Govt. Indus. Tribunal-cum-Labour

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

industrial dispute between the management of M/s.

Turkmenistan Air Lines and their workmen, received by

the Central Government on 12/08/2015.

[No. L-11012/11/2011-IR(CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE SHRI SURENDRA PRAKASH SINGH,

PRESIDING OFFICER, CENTRAL GOVT.

INDUSTRIAL TRIBUNAL-CUM-LABOUR

COURT-I, CHANDIGARH

Case No. ID 16 of 2011. Reference No. L-11012/11/

2011-IR(CM-I) dated 24.8.2011.

Shri Ravi Kumar, ex-loader son of Shri Om Prakash, village

Baknour, Tehsil Pathankot, District Gurdaspur.

..........Workman

Versus

1. The General Manager, Tukmenistan Air Lines,

N-1, BMC House Middle Circle Cannaught

Place, New Delhi.

2. Station Manager, Turkmenistan Airlines, A-203,

Ranjit Avenue Ajnala, Amritsar (Punjab)

...Respondents

Appearance :

For the workman:

Workman in person

For the management:

None

Ex-PARTE AWARD

Passed on 31.07.2015

Government of India Ministry of Labour vide

notification No. L-11012/11/2011-IR(CM-I) dated

24.8.2011 has referred the following dispute to this

Tribunal for adjudication:

"Whether the action of the General Manager, The

General Manager, Turkmenistan Air Lines, N-1,

BMC House Middle Circle Cannaught Place, New

Delhi & Station Manager, Turkmenistan Airlines,

A-203, Ranjit Avenue Ajnala road Amritsar in

terminating the services of Shri Ravi Kumar, ex-

loader son of Shri Om Prakash, village Baknour,

Tehsil Pathankot, District Gurdaspur Punjab w.e.f.

17.11.2009 is just valid and legal? To what relief

the workman concerned is entitled to?"

3402

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

2. The workman filed claim statement stating therein

that he was employed as loader with the management in

April 2000 on a monthly salary of Rs. 2400/- He was

also issued ESI Card w.e.f. 2.10.2006 in respect of

member of the family of the workman. Declaration form

was also filled up and in the month of November 2009,

the workman was drawing salary of Rs. 5260/- per month.

On 17.11.2009 the workman was restrained entry into the

premises of the management for doing the job of a loader

on false and frivolous ground. It is further pleaded that

although the workman has put in more than 240 days of

service, yet no notice of termination or charge sheet was

issued to the workman. No retrenchment compensation

was given to the workman at the time of termination. It is

also pleaded that junior to the workman were retained in

service and even new recruitments have been made by the

management in violation of the provision of the I.D. Act

1947. It is prayed that workman may kindly be ordered to

be reinstated in service with continuity and all other

attendant benefits including back wages and arrear of salary

in the regular pay scale w.e.f. the date of his termination

i.e. 17.11.2009.

3. The management feild written statement.

Preliminary objection has been taken that workman had

earlier filed an application for the same relief before the

Labour Inspector Amritsar and the dues amounting to

Rs. 2981/- vided demand draft No. 700797 dated

23.6.2010 were given to the workman towards the full

and final settlement of his claim and now the present

statement of claim before this court on the same ground

involving the same alleged cause of action is legally not

maintainable and barred under the law, hence the same

deserves to be dismissed. It is also that when the workman

was posted as loader, a passenger had made a complaint

that Rs. 2000/- illegally charged from him for adjusting

his extra baggage and in this illegal activity workman was

involved along with other as informed by the CISF. It is

further pleaded that earlier also many times, workman

indulged in such illegal activities. These acts and omission

on the part of the workman amounts to dereliction of duty

and are gravest of misconduct and injured and malign the

reputation and image of the management in public at

International Airport. It is further pleaded that workman

got no cause of action. It is also pleaded that workman is

habituated to taking liquor while on duty and used to

misbehave and used filthy language which constitute grave

misconduct. He was also in the habit of demanding money

from the old and infirm passenger while providing wheel

chairs. The workman was caught by CISF for taking bribe

of Rs. 2000/- for which the management prepared show-

cause notice but the workman refused to accept and left

the office in order to avoid any disciplinary action. The

management advised Ravi Kumar to report for duty through

his counsel but the intentionally and deliberately failed

to report on duty. The workman left the service on his

own freewill and volition. It is submitted by the

management that the claim of the workman is belated one

and barred by the principles of delay and laches. It is prayed

that there is no merit in the reference and the same may

be declined.

4. Workman filed rejoinder to the written statement

specifically denying the allegation of receiving the DD

for Rs. 2981 as full and final settlement of his dues and

claim. Rather it is pleaded that the above DD was for salary

of 16 days. In rejoinder the workman also specifically

controverted the allegation of the management of

receiving Rs. 2000/- from the passenger and complaint

of CISF.

5. In evidence, the workman placed on record his

affidavit. The workman also placed on record documents

fifteen in numbers as per detail in index.

6. As none appeared for the management despite

opportunities, the management was proceeded ex-parte

and affidavit and documents of the workman taken on

record in evidence.

7. As there was none for the management, therefore,

arguments of the workman were heard. The workman in

his submission stated that he worked with the management

from April 2000 till 17.11.2009 and his services were

illegally terminated without complying with the provisons

of the Industrial Disputes Act 1947. No one months notice

or pay in lieu of notice and retrenchment compensation

has been paid to the workman as per the provisions of

law. It is further submitted by the workman that no full

and final settlement ever took place. What to say of

enquiry even no explanation was ever called by the

management. The workman submitted that his termination

it gross violation of Section 25F of the I.D. Act 1947 and

the management may be directed to reinstate the workman

with full back wages with all consequential relief.

8. I have gone through the record of the case. In written

statement the management pleaded that workman had

earlier filed an application for the same relief before the

Labour Inspector Amritsar and the dues amounting to

Rs. 2981/- vided demand draft No. 700797 dated

23.6.2010 were given to the workman towards the full

and final settlement of his claim and now the present

statement of claim before this court on the same ground

involving the same alleged cause of action is legally not

maintainable and barred under the law, hence the same

deserves to be dismissed. It is also pleaded that when the

workman was posted as loader, a passenger had made a

complaint that Rs. 2000/- illegally charged from him for

adjusting his extra baggage and in this illegal activity

workman was involved along with other as informed by

CISF. It is further pleaded that earlier also many times,

workman indulged in such illegal acivities. These acts and

omission on the part of the workman amounts to

dereliction of duty and are gravest of misconduct and

injured and malign the reputation and image of the

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 15] [email protected] 24] 1937

3403

management in public at International Airport. It is further

pleaded that workman got to cause of action. It is also

pleaded that workman is habituated to taking liquor while

on duty and used to misbehave and used fifty language

which constitute grave misconduct. He was also in the

habit of demanding money from the old and inform

passenger while providing wheel chairs. The workman was

caught by CISF for taking bribe of Rs. 2000/- for which

the management prepared show-cause notice but the

workman refused to accept and left the office in order to

avoid any disciplinary action. All these allegations have

been leveled by the management. Not a single documents

has been filed by the management to substantiate these

allegations. In its written statement, the fact that workman

worked with the management from April 2000 till

17.11.2009 not denied by the management. He was also

not paid any retrenchment compensation and notice or

one month pay in lieu of notice. The claim of the workman

also not rebutted by the management that junior to the

workman were retained in service and new recuritments

have been made which is also violation of Section 25G

and 25H of the I.D. Act. 1947. If the workman committed

misconduct, the management is under obligation to

conduct the enquiry. There is no such record filed by the

management. Rather the workman substantiated his claim

statement by submitting documents. The copy of the draft

of Rs. 2981/- which the workman produced on record

reveals

that

it

is

for

the

16 days salary and nowhere on it written as full and final

settlement of the claim of the workman.

9. In view of the fact and circumstances of the case, it

is well established by the workman that he worked with

the management from April 2000 till 17.11.2009 when

his services were terminated without following the

procedure as prescribed under the Industrial Disputes Act

1947. There is nothing on the record to show that the

workman was paid any retrenchment compensation and

one month pay in lieu of notice. No enquiry was also held

by the managment. In view of the above, the termination

of the workman w.e.f 17.11.2009 is setaside. The

management is directed to reinstate the workman with

full back wages along with all consequential benefits

within one month from the date of the publication of the

award. The reference is answered accordingly.

10. Central Govt. be informed. Soft as well hard copy

be sent to the Central Govt. for publication.

Chandigarh

31.07.2015

S. P. SINGH, Presiding Officer

ubZ fnYyh] 13 vxLr] 2015

dkñvkñ 1626-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

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

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

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

U;k;ky;] xksnkojh[kUuh ds iapkV ¼lanHkZ la[;k 53@2010½ dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 13@08@2015 dks izkIr gqvk

FkkA

[la- ,y&22013@1@2015&vkbZ vkj ¼lh&2½]

jktsUnz flag] vuqHkkx vf/kdkjh

New Delhi, the 13th August, 2015

S.O. 1626.—In pursuance of Section 17 of the

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

Government hereby publishes the award of the

Indus.Tribunal-cum-Labour Court, Godavarikhani (IT/ID/

53/2010) as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of SCCL and their workmen, which was

received by the Central Government on 13.08.2015.

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

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CHAIRMAN, INDUSTRIAL

TRIBUNAL- CUM-LABOUR COURT-CUM-VI

ADDL. DISTRICT & SESSIONS COURT,

GODAVARIKHANI.

Present:— SRI G.V. KRISHNAIAH,

Chairman-cum-Presiding Officer

INDUSTRIAL DISPUTE No. 53 OF 2010

Monday, the 18th day of May, 2015

Between:—

Palle Prabhakar, S/o. Posham, Aged about 41 years,

Occ: Ex. Employee, R/o. H.No. 8-3-147, Vinobanagar,

Godavarikhani, Mandal Ramagundam of Karimnagar Dist.

...Petitioner

And

1. The Chief General Manager,

SCC Ltd., Post Srirampur, District Adilabad.

2. The Managing Director,

SCC Ltd. Kothagudem, Dist. Khammam.

...Respondents

This case coming before me for final hearing in the

presence of Sri S. Bhagavantha Rao, Advocate for the

petitioner and of Sri D. Krishna Murthy, Advocate for the

Respondents; and having been heard and having stood over

for consideration till this day, the Tribunal delivered the

following:—

AWARD

1. This petition is filed U/Sec. 2(A)(2) of I.D. Act

challenging the dismissal of the petitioner passed by the

respondents praying for his reinstatement into service with

continuity of service, all attendant benefits and full back

wages.

3404

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

2. Petitioner was dismissed from service by the

respondents vide office order dt. 24-10-2007 after holding

domestic enquiry on the following charge.

CHARGE:—

"Clause 25.25 - Habitual late attendance or habitual

absence from duty without sufficient cause."

3. Petitioner challenges his dismissal on the following

grounds:—

(a) The petitioner was appointed as Badli Filler on

20-07-1999 by the 1st respondent.

(b) The petitioner discharged his duties to the fullest

satisfaction of superiors till his removal from

service and his services are governed by various

standings orders of SC Company. The petitioner

put in seven years of service in the company and

he is entitled to seek protection U/S. 25 H of ID

Act and the petitioner was not reviewed by High

Power Committee to consider under

absenteeism cases.

(c) The petitioner put in 145 days of attendance in

2003, 136 days in 2004, 118 days in 2005 and

only 57 musters in 2006. The petitioner

participated in the enquiry. He stated that his

absence due to ill-health of his father and also

the death of his elder brother.

(d) The enquiry conducted by the respondents in null

and void as it was not conducted properly.

(e) Punishment of dismissal from service is

extremely harsh, highly excessive and shockingly

disproportionate.

Hence, the petitioner prays to allow the petition.

4. In response to this challenge, respondents filed

counter justifying the dismissal of the petitioner. The

respondents company being mining industry is a Central

Government subject and the petitioner ought to have

approached the CGIT, Hyderabad. This petition is not

maintainable before this Court and is liable to be

dismissed.

The petitioner was appointed in the respondents

company as Badli Filler on 25-08-2000 on compassionate

grounds. The petitioner was a chronic absentee and was

issued charge sheet for putting in only 57 musters in the

year 2006. The following attendance particulars of the

petitioner indicate the fact that the petitioner was not

regular to his duties and he had not put in required 190

musters during the period from 2001-2006.

Sl. No.

Year

No. of musters

1.

2001

126

2.

2002

98

3.

2003

145

4.

2004

136

5.

2005

118

6.

2006

57

7.

Aug 2007

55

During the period from January, 2006 to December,

2006, the petitioner had put in only 57 musters. As the

above act amounted to misconduct under Standing Orders

Clause No. 25.25 of the company, the petitioner was

charge sheeted. After considering the documentary

evidence and other evidence on record, the Enquiry

Officer submitted his unbiased report holding that the

petitioner is guilty of misconduct under company standing

orders. The petitioner was issued show-cause notice.

5. The respondents company after considering the past

record of the petitioner and on findings that there were no

extenuating circumstances for taking a lenient view was

constrained to dismiss the petitioner from service. The

respondents company conducted the enquiry proceedings

duly in accordance with the principles of natural justice

and law giving full opportunity to the petitioner. Therefore,

the respondents pray to dismiss the petition without

granting any relief to the petitioner.

6. During the course of hearing, Ex. W-1 to Ex. W-4 and

Ex. M-1 to Ex. M-10 are marked.

7. Heard both sides. Perused the material papers on

record.

8. On consideration of respective contentions of the

parties, the following points require to be determined:—

1. "Whther this Tribunal has got jurisdiction?"

2. "Whether the punishment of dismissal of the

petitioner is justified and proportionate?"

9. POINT No: 1

As per the Judgment of the Hon'ble High Court reported

in 1997 (III) LLJ (Supp.) 11 between U. Chinnappa And

Cotton Corporation of India, this Court has got jurisdiction

to entertain the dispute raised by the petitioner. Hence,

the point is accordingly answered in favour of the

petitioner.

10. POINT No: 2

Charge sheet is marked as Ex. M-1 and Explanation of

the petitioner there-to is marked as Ex. M-2. The

explanation under Ex. M-2 reveals that since health of his

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 15] [email protected] 24] 1937

3405

father was not good and due to the demise of his brother,

petitioner absented to this duties. He prayed to excuse

him and assured regular attendance in future. Petitioner

participated in the domestic enquiry and his settement is

on the same line as under Ex. M-2. During cross

examination petitioner admitted that he did not inform

ill-health of his father, death of his brother and his absence

to the respondents. Report of the enquiry officer marked

as Ex. M-6 shows that during the year 2003, petitioner

put-in 145 musters, during 2004 he put-in 136 musters

and during 2005 he put-in 118 musters. During the year

2006 he put-in 57 musters only. As per the enquiry

statement of the petitioner at page No. 5 under Ex. M-6

and his explanation to the charge sheet under Ex. M-2,

petitioner absented to duties due to ill-health of his father

and demise of his brother. He assured that he will attend

to his duties regularly in future.

11. In a decision reported in Division bench Judgment

of Gujarath High Court reported in 1982 LAB. IC. 1031

between: R.M., Parmar Vrs Gujarath Electricity Board,

the following guidelines were laid down in the matter of

inflicting punishment of discharge and dismissal:—

1. In a disciplinary proceeding for an alleged fault of

an employee, punishment is imposed not in order to seek

retribution or to give vent to feelings of wrath.

2. The main purpose of a punishment is to correct the

fault of the employee concerned by making him more

alert in the future and to hold out warning to the other

employees to be careful in the discharge of their duties

so that they do not expose themselves to similar

punishment. And the approach to be made is the approach

parents make towards an erring or misguided child.

3. It is not expedient in the interest of the

administration to visit every employee against whom a

fault is established with the penalty of dismissal and to

get rid of him. It would be counter-productive to do so

for it would be futile to expect to recruit employees who

are so perfect that they would never commit any fault.

4. In order not to attract the charge of arbitrariness it

has to be ensured that the penalty imposed is

commensurate with the magnitude of the fault. Surely one

cannot rationally or justly impose the same penalty for

giving a slap as one would impose for homicide.

5. When different categories of penalties can be

imposed in respect of the alleged fault, one of which is

dismissal from service, the disciplinary authority perforce

is required to consult himself for selecting the most

appropriate penalty from out of the range of penalty

available that can be imposed, having regard to the nature,

content and gravity of the default. Unless the disciplinary

authority reaches the conclusion that having regard to the

nature, content and magnitude of the fault committed by

the employee concerned, it would be absolutely unsafe

to retain him in service, the maximum penalty of dismissal

cannot be imposed. If lesser penalty can be imposed

without seriously jeopardizing the interest of the

employees the disciplinary authority cannot impose the

maximum panalty of dismissal from service. His is bound

to ask the inner voice and rational faculty why a lesser

penalty cannot be imposed.

6. It cannot be over looked that by and large it is

because the maximum penalty is imposed and total

ruination stares one in the eyes that the employee

concerned is obliged to approach the court and avail the

costly time-consuming machinery to challenge in

desperation the order passed by the disciplinary authority.

If a lesser penalty was imposed, he might not have been

obliged to take recourse to costly legal proceedings which

result in loss of public time and also result in considerable

hardship and misery to the employee concerned.

7. When the disciplinary proceedings end in favour of

the employee, the employer has often to pay back wages

say for about 5 years without being able to take work from

the employee concerned. On the other hand, the employee

concerned would have had to suffer economic misery and

mental torture for all these years. Even the misery of being

obliged to remain idle without work would constitute an

unbearable burden. And when the curtain drops every one

is left with a bitter taste in the mouth. All because the

extreme penalty of dismissal or removal is imposed

instead of a lighter one.

8. Every harsh order of removal from service creates

bitterness and arouses feeling of antagonism in the

collective mind of the workers and gives raise to a feeling

of class conflict. It does more harm than good to the

employer as also to the society.

9. Taking of a petty article by a worker in a moment of

weakness when he yields to a temptation does not call for

an extreme penalty of dismissal from service. More

particularly, when he does not hold a sensitive post of

trust (pilferage by a cashier or by a store keeper from the

stores in his charge, for instances, may be viewed with

seriousness). A worker brought up and living in an

atmosphere of poverty and want when faced with

temptation, ought not to, but may yield to it in a moment

of weakness. It cannot be approved, but it can certainly be

understood particularly in an age when even the rich

commit economic offences to get richer and do so by

and large with impunity (and even tax evasion or possession

of black money is not considered to be dishonorable by

and large). A penalty of removal from service is therefore

not called for when a poor worker yields to a momentary

temptation and commits an offence which often passed

under the name of kleptomania when committed by the

rich.

12. It is contended by the learned counsel for the

petitioner that a Badli Filler, petitioner was appointed in

the respondents company as Badli Filler on 25-8-2000

on compassionate grounds and till the year 2005, he put-

in best attendance. Due to domestic problems already put-

3406

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

forth by the petitioner to the respondents in his

explanation to the charge sheet and during enquiry, he

could not attend to his duties during the year 2006 for

100 musters and put-in 57 musters. Hence, he contended

that extreme punishment of dismissal is not justified. On

the other hand it is argued on behalf of the learned counsel

for the respondents that the petitioner was a chronic

absentee, he had put-in only 57 musters in the year 2006,

that even after counseling and undertaking marked as

Ex.M-3, he did not attend to duties during the year 2006

and as such he was dismissed from service.

13.

Admittedly petitioner joined in the year 2000

and till 2005, he had put-in good attendance as shown in

the charge sheet marked as Ex. M-2 and enquiry report

marked as Ex. M-6. He may not have been able to attend

to his duties during 2006 due to personal problems

explained by the petitioner in his reply to charge sheet

and during enquiry. Therefore, in view of my above

discussion and documentary evidence on record, I hold

that this is a fit case where this Court can exercise

discretion U/Sec. 11 of ID Act and the petitioner deserves

to be reinstated into service as afresh Badli Filler to meet

the ends of justice.

14.

In the result, the order of dismissal dt. 24-10-

2007 marked as Ex. M-8 is set aside and respondents are

directed to reinstate the petitioner into service as ''Afresh

Badli Filler'' subject to physical fitness for the post. The

petitioner is not entitled to any back wages, continuity of

service or any other attendant benefits.

Typed to my dictation, corrected and pronounced by

me in open Court, on this the 18th day of May, 2015.

G.V. KRISHNAIAH, Chairman-cum-Presiding Officer

Appendix of Evidence

Witnesses Examined

For workman:-

For Management:-

-Nil-

-Nil-

EXHIBITS

For workman:—

Ex.W-1

Dt.

02-09-2010

Demand notice

Ex.W-2

Dt.

23-01-2008

Dismissal order issued by

Director (PA&W),

Kothagudem

Ex.W-3

Dt.

24-10-2007

Dismissal order issued by

General Manager,

Srirampur area.

Ex.W-4

Dt.

20-07-1999

Office order, appointment

order x. copy

For Management:-

Ex.M-1

Dt.

26-03-2007

Charge sheet

Ex.M-2

Dt.

03-04-2007

Explanation to charge

sheet

Ex.M-3

Dt.

19-04-2007

Undertaking submitted by

the

petitioner

after

counseling regarding

improvement

of

attendance

Ex.M-4

Dt.

06-07=2007

Enquiry notice

Ex.M-5

Dt.

18-07-2007

Record

of

enquiry

proceedings

Ex.M-6

Dt.

19-07-2007

Enquiry report

Ex.M-7

Dt.

25-07-2007

Show cause notice

Ex.M-8

Dt.

24-10-2007

Dismissal order

Ex.M-9

Dt.

25-03-2003

Charge sheet (previous)

Ex.M-10

Dt.

22-09-2004

Letter issued to the

petitioner

by

the

respondent regarding

copy of punishment

reducing

the

SPRA

(increments)

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

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[lañ ,y&22013@1@2015&vkbZvkj ¼lh&2½]

jktsUnz flag] vuqHkkx vf/kdkjh

New Delhi, the 13th August, 2015

S.O. 1627.—In pursuance of Section 17 of the

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

Government hereby publishes the award of the Indus.

Tribunal-cum-Labour Court, Godavarikhani (IT/ID/11/

2011) as shown in the Annexure in the Industrial Dispute

between the employers in relation to the management of

SCCL and their workmen, which was received by the

Central Government on 13.08.2015.

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

RAJENDER SINGH, Section Officer

¹Hkkx IIó[k.M 3(ii)º

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3407

ANNEXURE

BEFORE THE CHAIRMAN, INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT,

GODAVARIKHANI.

Present-

SRI G. V. KRISHNAIAH,

Chairman-cum-Presiding Officer.

Industrial Dispute No. 11 of 2011

Monday, the 13th day of April, 2015

Between:—

Buddi Srinivas, S/o Late Bheemaiah, Aged about 23 years,

Occ: ExBadli Filler, E.C. No. 2373336, RK-1A Incline,

R/o H. No. 9-273, Arunakka Nagar,

PO Srirampur, Dist. Adilabad.

--Petitioner.

AND

1. The Colliery Manager,

SCC Ltd., RK-1A Incline, PO. Mandamarri, District

Adilabad.

2. The General Manager,

SCC Ltd., Mandamarri Area, PO. Mandamarri,

District Adilabad.

3. The Chairman & Managing Director,

SCC Ltd., PO: Kothagudem, Dist. Khammam.

--Respondents.

This case coming before me for final hearing in the

presence of Shri N. Kishan Rao, Advocate for the petitioner

and of Sri D. Krishna Murthy, Advocate for the

Respondents, and having been heard and having stood

over for consideration till this day, The Tribunal Delivered

the following:—

A W A R D

1. This petition is filed U/Sec. 2(A)(2) of I.D. Act

challenging the dismissal of the petitioner passed by the

respondents praying for his reinstatement into service with

continuity of service and full back wages.

2. Petitioner was dismissed from service by the

respondent vide office order dt. 12.10.2009 after holding

domestic enquiry on the following charge.

CHARGE

"For your habitual absence from duty without

sufficient cause and put in only (40) Actual Musters

during the year 2007".

3. Petitioner challenges his dismissal on the following

grounds:—

(a) The petitioner was appointed as Badli Filler on

20.11.2006 under dependent employment scheme.

(b) The petitioner has undergone basic training

satisfactorily till February, 2007 and he was posted

to work under the control of the 1st respondent.

The respondents have engaged the petitioner

for coal filling as Badli Coal Filer against the

absentee vacancies of regular Coal Fillers from

May 2007.

(c) The atmosphere and water did not suit the

petitioner. Due to the strenuous coal filling work

in the underground mine, the petitioner suffered

from severe ill health from July 2007 and not

attended regularly.

(d) The petitioner submitted his satisfactory

explanation explaining the reasons for not

attending coal filling underground duty regularly.

(e) The respondents conduted a farce of enquiry and

the petitioner participated in the enquiry. Domestic

enquiry was not conducted fairly and properly.

The findings of the enquiry officer are highly

perverse and biased.

(f) Punishment of dismissal from service is extremely

harsh, highly excessive and shockingly

disproportionate.

Hence, he prays to allow the petition.

4. In response to this challenge, respondents filed

counter justifying the dismissal of the petitioner. The

respondents company being mining industry is a Central

Government subject and the petitioner ought to have

approached the CGIT, Hyderabad. This petition is not

maintainable before this Court and is liable to be dismissed.

The petitioner being a chronic absentee from the date

of appointment itself had put in only 40 musters in the year

2007. Therefore the petitioner was charge sheeted under

clause 25.25 of company's standing orders. After

considering the documentry evidence and other evidence

on record, the enquiry officer submitted his unbaiased report

holding that the petitioner is guilty of misconduct under

company standing orders. The petitioner was issued show

cause notice.

5. The respondents' company after considering the past

record of the petitioner and on findings that there were no

extenuating circumstances for taking a lenient view was

constrained to dismiss the petitioner from service. The

respndents company oconducted the enquiry proceedings

duly in accordance to the principles of natural justice and

law giving full opportunity to the petitioner. Therefore, the

respondents pray to dismiss the petition without granting

any relief to the petitioner.

6. Counsel for the petitioner filed Memo U/Sec. 11-A of

ID Act, stating that he is not challenging the validity of

domestic enquiry conducted by the respondents and

praying this Trubunal to decide the quantum of relief on

3408

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

the basis of the material available on record.

7. Respondents filed written arguments.

8. Dduring the course of hearing. Ex.M-1 to Ex. M-9

are marked on behalf of the respondents.

9. Heard both sides. Perused the material papers on

record.

10. On consideration of respective contentions of the

parties the following points required to be determined:-

1. "Whether this Tribunal has got jurisdiction?"

2. "Whether the punishment of dismissal of the

petitioner is Justified and propertionate?"

11. Point No: 1

As per the Judgment of the Hon'ble High Court reported

in 1997 (III) LLJ (Supp.) 11 between U. Chinnappa And

Cotton Corporation of India, this Court has got jurisdiction

to entertain the dispute raised by the petitioner. Hence, the

point is accordingly answered in favour of the petitioner.

12. Point No: 2

The petitioner did not give any reply to the charges

leveled against him. As per the charge sheet marked as Ex.

M-1, he was absent for 260 days during the year 2007. As

per the enquiry statement of the petitioner at page No.8,

under Ex.M-3 the petitioner asbented to duties due to

personal problems. He assured that he will be more careful

and will not remain absent without prior sanction of leave

in future.

13. In a decision reported in Division Bench Judgment

of Gujarat High Court reported in 1982 Lab IC 1031

between: R.M. Parmar VRS., Gujarat Electricity Board,

the following guide lines were laid down in the matter of

inflicting punishment of discharge and dismissal:—

1. In a discriplinary proceeding for an alleged fault

of an employee, punishement is imposed not in

order to seek retribution or to give vent to feelings

of wrath.

2. The main purpose of a punishment is to correct

the fault of the employee concerned by making

him more alert in the future and to hold out warning

to the other employees to be careful in the

discharge of their duties so that they do not

expose themselves to similar punishment. And

the approach to be made is the approach parents

make to wards san erring or misguided child.

3. It is not expedient in the interest of the

administration to visit every employee against

whom a fault is established with the penalty of

dismissal and to get rid of him. It would be

counter-productive to do so for it would be futile

to expect to recruit employees who are so

perfect that they would never commit any fault.

4. In order not to attract the charge of arbitrariness

it has to be ensured that the penalty imposed is

commensurate with the magnitude of the fault

Surely, one cannot rationally or justly impose the

same penalty for giving a slap as one would

impose for homicide.

5. When different categories of penalties can be

imposed in respect of the alleged fault, one of

which is dismissal from service, the disciplinary

authority perforce is required to consult himself

for selecting the most appropriate penlty from out

of the range of pentalty available that can be

imposed, having regard to the nature, content and

gravity of the default. Unless the disciplinary

authority reaches the conclusion that having

regard to the nature, content and magnitude of

the fault committed by the employee concerned,

it would be absolutely unsafe to retain him in

service, the maximum penalty of dismissal cannot

be imposed. If a lesser penalty can be imposed

without seriously jeopardizing the interest of the

employees the disciplinary authority cannot

impose the maximum pensalty of dismissal from

service. He is bound to ask the inner voice and

rational faculty why a lesser penalty cannot be

imposed.

6. It cannot be over looked that by and large it is

because the maximum penalty is imposed and total

ruination stares one in the eyes that the employee

concerned is obliged to approach the court and

avail the costly time-consuming machinery to

challenge in desperation the order passed by the

disciplinary authority. If a lesser penalty was

imposed, he might not have been obliged to take

recourse to costly legal proceedings which result

in loss of public time and also result in considerable

hardship and misery to the employee concerned.

7. When the disciplinary proceedings and in favour

of the employee, the employer has often to pay

back wages say for about 5 years withbout being

able to take work from the employee concerned.

On the other hand, the employee concerned would

have had to suffer economic misery and mental

torture for all these years. Even the misery of being

obliged to remain idle without work would

constitute an unbearable burden. And when the

curtain drops every one is left with a bitter taste

in the mouth. All because the extreme penalty of

dismissal or removal is imposed instead of a

lighter one.

8. Every harsh order of removal from service

creates bitterness and arouses feeling of

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 15] [email protected] 24] 1937

3409

antagonism in the collective mind of the workers

and gives raise to a feeling of class conflict. It

does more harm that good to the employer as

also to the society.

9. Taking of a petty article by a worker in a moment

of weakness when he yields to a temptation does

not call for a extreme penalty of dismissal from

service. More particularly, when he does not hold

a sensitive post of trust (pilferage by a cashier

or by a store keeper from the stores in his

charge, for instances, may be viewed with

seriousness). A worker brought up and living in

an atmosphere of poverty and want when faced

with temptation, ought not to, but may yield to it

in a moment of weakness. It cannot be approved,

but it can certainly be understood particularly in

an age when even the rich commit economic

offences to get richer and do so by and large with

impunity (and even tax evasion of possession of

black money is not considered to be

dishonorable by and large). A penalty of removal

from service is therefore not called for when a

poor worker Yields to a momentary temptation

and commits an offence which often passed

under the name of kleptomania when committed

by the rich.

14. It is contended by the learned counsel for the

petitioner that as Badli Filler, petitioner was

shown coal filling work in the absentee vacancies

of regular coal fillers and he was not given work

on all the days of a month during the charge

sheeted period. He further contended that the

petitioner joined in the year 2006 and he was

not able to adjust to the strenuous underground

work of coal filling duty in the short span of time.

On the other hand it is argued on behalf of the

learned counsel for the respondents that the

petitioner was a chronic absentee, he had put-in

only 40 musters in the year 2007 that even after

counseling he did not attend to duties during the

year 2008 and as such he was dismissed from

service.

Admittedly petitioner joined in the year 2006

and he may not have been able to adjust to the

strenuous work of coal filling and he had put in

less than (3) years of service only and in view of

the facts circumstances of the case discussed

supra, I hold that it is a fit case where this Court

can exercise discretion U/Ses. 11 of ID Act and

the petitioner deserves to be reinstated into

service as afresh Badli Filler to meet the ends

of justice.

15. In the result, the order of dismissal dt.

12.10.2008 marked as Ex. M-9 is set aside and

the respondents are directed to reinstate the

petitioner into service as "Afresh Badli Filler"

and he shall be subjected to medical test for the

post. The petitioner is not entitled to any back

wages, continuity of service and any other

attendant benefits.

Typed to my dictation, corrected and pronounced by

me in open Court, on this the 13th day of April, 2015.

G.V. KRISHNAIAH, Chairman-cum-Presiding Officer

Appendix of Evidence

Witnesses Examined

For workman:-

For Management:-

-Nil-

-Nil-

EXHIBITS

For workman:-

-Nil-

For Management:-

Ex. M-1

Dt.

07.01.2008

Charge sheet, O/copy

Ex. M-2

Dt.

24.01.2008

Enquiry memo

Ex. M-3

Dt.

30.01.2008

Enquiry proceedings

Ex. M-4

Dt.

30.01.2008

Undertaking letter given

by the petitioner after

undergoing counseling

Ex. M-5

Dt.

13.02.2008

Enquiry report.

Ex. M-6

Dt.

08.03.2008

Letter issued to the

petitioner by Dy. GM, RK-

1A Incline asking him to

attend counseling on

12.3.2008

Ex. M-7

Dt.

21.04.2008

Show cause notice

Ex. M-8

Dt.

08.08.2008

Postal Ack, to show cause

notice

Ex. M-9

Dt.

12.10.2008

Dismissal order

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FkkA

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3410

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

New Delhi, the 13th August, 2015

S.O. 1628.—In pursuance of Section 17 of the

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

Government hereby publishes the (Award Ref. No.130/

2013) of the Cent. Govt. Indus. Tribunal-cum-Labour

Court No. 2, New Delhi as shwon in the Annexure, in the

industrial dispute between the management of Food

Corporation of India, and their workmen, received by the

Central Government on 13/08/2015.

[No. L-22011/15/2013 - IR (CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL- CUM-LABOUR COURT-II, DELHI

Present:- Shri Harbansh Kumar Saxena

ID. No. 130/2013

Sh. Srinath Yadav,

Labour mate and FSD/FCI Roza Depot,

FCI Mazdoor Association, U.P Region, Saray Taki.

Vs.

1. Managing Director,

Food Corporation of India, 16-20, 12 Khamba

Road, New Delhi-110001.

2 Area Manager,

Food Corporation of India,

287, Train Bahadur Ganj,

Shahjahanpur (PU) ,

AWARD

The Central Government in the Ministry of Labour vide

notification No.L-22011/15/2013-IR(CM-II)] dated

10.12.2013 referred the following Industrial Dispute to

this Tribunal for adjudication:-

"Whether the demand of FCI Mazdoor Association

UP region through his representative Shri Srinath

Yadav dated 30.08.2013 against the Management of

Area Manager, FCI, Shahjahanpur (UP) and MD, FCI

HQ, New Delhi for regularization of services 453

Direct Payment System (DPS) workers (as per the

list enclosed) in FCI Roza Depot, Shahjahanpur

(UP), is legal and justified? It not to what relief the

said workers are entitled to and from which date?

On 30.12.2013 reference was received in this tribunal.

Which was register as I.D No. 130/2013 and claimants

were called upon to file claim statement with in fifteen

days from date of service of notice. Which was required

to be accompanied with relevant documents and list of

witnesses.

After service of notice workmen/claimants filed claim

statement on 23.01.2014. Through it workmen stated that

on the basis order of Secretary, Hon'ble High Court,

Hon'ble Supreme Court as well as circular 8.12.2011

issued by department that labours of 11 notified deposed

of FCI which having no documents. In these

circumstances aforesaid 453 workmen be treated engaged

workmen in DPS system and provided them benefits of

Notification dated 23.04.2010 issued by Govt. of India.

They also prayed, they be regularized so that they may

not face full long struggle for their survival.

Against Statement of Claim Management filed Written

Statement on 20.03.2014 Wherein management prayed as

follows:—

Clause of the claim are wrong, false and hence denied in

view of the FCI order No. IR-30 (40)/2011/NZ/1965 dated

13.09.2011. It has been decided to induct workers at FSD

Roza on NWBP basis.

To that effect induction process based on NWNP is on

progress. There are no direction as regards the induction

of Labour on DPS System basis.

In view of the submissions herein above made it is

therefore most respectfully prayed that this Hon'ble Court

may graciously be pleased to dismiss the claim of the

claimants with exemplary cost being devoid of any merits,

in the interest of justice.

Any other relief which this Hon'ble Court may deem fit

and proper in view of the facts and circumstances of the

present case may also be granted in favour of the O.P. and

against the claimants.

In reply to written statement workmen filed rejoinder on

02.05.14. Through which they reaffirmed the contents of

their claim statement.

On the basis of pleadings following issues have been

framed by me on 27.05.2014.

1. Whether the demand of FCI Mazdoor Association

UP region through his representative Shri Srinath Yadav

dated 30.08.2013 against the Management of Area Manager,

FCI, Shahjahanpur (UP) and MD, FCI HQ, New Delhi for

regularization of services of 453 Direct Payment System

(DPS) workers (as per the list enclosed) in FCI Roza Depot,

Shahjahanpur (U.P.), is legal and justified?

2. To what relief the workman is entitled?

Workmen in support of his case filed his affidavit on

29.5.2014.

Workman tendered his affidavit on 20.6.2014. His

statement of tendering of affidavit is as follows:—

I tender in evidence my affidavit at point 'A'. I rely upon

my documents Ex. WW1/1 to Ex. WW1/9.

Workman was partly cross-examined on 30.07.2014

and his part Cross-examination is as follows:—

¹Hkkx IIó[k.M 3(ii)º

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3411

Original documents are with me of which Photostats

copies has been filed in my evidence.

Documents WW1/4 is photocopy of a certified copy.

No I-card after 1994 have been filed by me nor with me.

It is incorrect to suggest that documents filed by me in

the evidence are forged and fabricated.

It is correct that after notification dated 23.4.2010 by

Govt. of India Contract Labour System has been abolished

by FCI etc.

It is wrong to suggest that I am not authorized by the other

workers not authorized by the other workers to depose on

their behalf.

It is correct that FCI has issued notification/circular dated

27.10.2011 there by providing broad guidelines for

regulating for regulating the service condition of 'No Work

No Pay' system workers.

Vol. stated such notification is not within my knowledge.

Workman was further cross-examined on 2.9.2014 and

his further cross-examined as follows:—

Original documents copy of which annexed to affidavit

are not with me today. These were brought on last date

and the same are exhibited as WW1/4.

The exhibit WW1/4 was certified by AGM, FCI Roza,

Shahjahanpur U.P. on 16.12.1994 and by Regional Labour

Commissioner, Lucknow 22.11.2006.

It is incorrect to suggest that Ex. WW1/4 is a false, forged

and fabricated documents. It is correct that all the I card

filed by me alongwith my affidavit are of the date 16.12.1994

and it is further correct to suggest that the list Ex. WW1/4

was also verified by the AGM of FCI on 16.12.1994.

It is wrong to suggest that Ex. WW1/4 is not verified by

AGM, FCI.

I do not remember the exact name of AGM who was posted

with FCI Roza at the relevant period that is 1994 but his

name might be Khandwa.

It is incorrect to suggest that there is no direction from any

forum or court regarding the claimant in the present matter

absorption under DPS system.

It is incorrect to suggest that aforesaid scheme was not

available to workman in management situated at Roza,

Dist. Shahjahanpur.

I have worked with the FSD ROZA Depot for the past three

years preceding to notification dated 23.4.2010.

I cannot produce any paper to show that I worked in FSD

Roza Depot after 1994 to till date.

It is wrong that I have never worked with the management

at FSD Roza Depot.

It is correct that system of 'No Work and No Pay' was

applied by management but I challanged that system on

Hon'ble High Court; High Court directed to CLC to decide

it copy of aforesaid order is on record Ex. WW1/16.

It is wrong to suggest that there is no stay upon the 'No

Work No Pay' system of the management.

It is correct that there is no counter signature of the

contractor on identity cards filed by me in evidence.

It is also correct that other particulars of I-card are also

unfilled.

It is incorrect to suggest that prior to notification dated

23.04.2010 there were only 136 workers with FCI Roza Depot.

It is correct that my name as well as name of other workmen

does not find place in mustrol. It is wrong to suggest that

at no point of time in FSD Roza Depot only 225 workers

worked at a time and not beyond 225 workers.

It is also wrong to suggest that as per the guidelines of

RLC Dehradun only 225 workers can be employed by the

FCI. It is correct that Ex. WW1/1 is not signed by all other

claimants in the present matter.

It is wrong to suggest that I am not authorized to file,

institute the present claim before this Hon'ble Court.

It is wrong to suggest that I have filed the present claim on

the basis of false, forged & fabricated documents.

It is wrong to suggest that I have filed the present claim in

order to harass the management.

It is wrong to suggest that the present claim has not been

properly espoused in any meeting of the competent Union.

It is wrong to suggest that the union is not at all an

authorized union to file present claim. It is wrong to suggest

that there exist no relationship of employer and employee

between the parties. It is incorrect to suggest that I have

no locus standi to file this present case. It is wrong to

suggest that I am deposing falsely. Cross of WW1

concluded and I fixed 9.10.14 for remaining evidence of

workmen on 9.10.2014. Workmen evidence has been closed.

Hence, I fixed 24.11.14 for management evidence.

Management in support of his case filed affidavit of MW1

Sh. Prabhat Chandra.

Management witness Sh. Prabhat Chandra was tendered

his affidavit on 30.1.2015 and he was partly cross-

examined on same day.

His statement of tendering of affidavit and part cross-

Examination are as follows:—

I tender my affidavit in evidence which is Exh. MW1/A.

Which bears my Sig. At point A&B. I reply on the

documents which are Exh. MW1/1 to MW1/3.

3412

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

XXXXXXX:—Sh. G.K. Mishra, Lt. A/R for the claimants/

workmen.

Circular dated 12.08.2011 is circular contents of it are

conditionally accepted. His cross was continued for

6.4.2015.

On 6.4.2015 MW 1 remain present for Cross-examination

but he was not Cross-examined by Ld. A/R for the workmen.

Hence his Cross-Examination is marked nil.

Thereafter Ld. A/R for the management on the instruction

of management closed the management evidence.

After which I fixed 1.5.2015 for arguments.

On 1.5.2015 workman filed written arguments. Wherein

he mentioned as follows:—

1. Indian Food Corporation Head Quarter, New Delhi on

5.12.1994 issued circular No. IR(L)/4(15)/94. Through,

which Indian Food Corporation of Management and union

compromise to place on condition that Labour mate in Roza

Depot took work. Through labours on D.P.S. service.

Sh. Hari Lal Shankar (Asst. Manager certified. List of 453

labours and departmental Identity Card were issued on

16.12.1994 Division Labour Commissioner (K), Lucknow

on 22.11.2006 also certified the aforesaid list of 453 workmen

which has been filed in this Tribunal.

2. Govt. of India through, its notification dated 23.06.2010

imposed full ban of 11 depot of U.P. But Roza Depot violated

the provisions of Notification as department of Roza Depot

on 11.05.2010 issued tender to Sh. Vikas Aggarwal who

used to took work from workman then workman filed writ-

petition No. L-19208/2012 in Hon'ble High Court of

Allahabad. High Court of Allahabad directed Asstt. Labour

Commissioner (Central) Dehradun, to decided within 8

weeks to day-to-day basis to ensure that provisions of

Notification which being followed.

3. Asstt. Labour Commissioner, Dehradun, referred to

Central Government on the ground that he has no

jurisdiction to implement DPS system.

4. That FCI, Mazdoor FCI, Association U.P. region filed

Writ-Petition No. 59218/2011, Hon'ble High Court direct to

Chief Labour Commisioner (Central) N.D. to decided the

real workmen within 4 months.

5. Through, letter of Chief Labour Commissioner

(Central) N.D. management of FCI took work from 453

Labour continously. Through, Gazette Notification dated

3.9.2012 condition of no work no payment was imposed

on which workmen did not agree and challenged the

notification of Hon'ble High Court through Writ-Petitiion

No. 12926/2012. In this Writ-Petition in Hon'ble High

Court of Allahabad ordered that this matter shall also be

decided Chief Labour Commissioner (Central) N.D.

6. On 30.8.2013 workmen moved an application before

Divisional Labour Commissioner, Dehradun on which

Divisionsl Labour Commissioner Dehradun, passed an

order of 9.10.2013 treating be people as workmen and

send copy of detailed report on 15.10.13 to Secretary,

Ministry of Labour and Employment Govt. of India, New

Delhi.

7. After persuing of aforesaid report Secretary,

Ministry of Labour and Employment Govt.of India,

ordered to P.O., Karkardooma Court, Delhi to pass an

Award within 3 months.

8. Hon'ble Court on 18.2.15 express his opinion that

case will be decided on the basis of factual evidence on

record. Hence on 6.4.2015 evidence on behalf workmen

has been closed. Moreover whatever questions to be put

to management witnesses on behalf of workmen which

are already on record.

Prayer

It is therefore prayed that on the basis on record

already filed by member of F.C.I Mazdoor Association,

U.P. Reginal Mohalla, Saraitaki, Post Jhunsi, Janpad,

Allahabad, be treated workmen of Roza Depot,

Shahajahanpur, U.P. are actual workmen and award be

passed in their favour. So, that thay may get benefit of

notification dated 23.4.2010 of Govt. of Workman and

they may get their salary etc. from due date. Management

in support of his case filed written arguments.

Wherein management mentioned as follows:—

(a) That the Petitioner has filed the present claim in

respect of 453 labour against the Respondent

thereby stating that he is the authorized

representative of all the claimants as mentioned

in the annexure attached with the petition. He

has further stated in the claim that all the 453

workers were working with the Respondent and

vide notification dated the 23.04.2010 the

contract Labour System has been abolished by

the FCI. Hence requested this Hon'ble Court to

decide under DPS system all the 453 workers as

worker of FCI and grant them all the benefits of

FCI. Further requested to regularize them as

workers of FCI.

(b) That the notice of the present case were duly

served upon the Respondents and it has duly filed

its Written Statement/Reply to the claim of the

claimants thereby taking various preliminary

objections in the written statement and further

requested the court to reject the claim of the

claimants with exemplary costs devoid of any

merits.

(c) That rejoinder to the written statement/reply has

been duly filed by the claimant thereby denying

the contention as raised under the written

statement/reply and reaffirmed the claim filed by

claimants.

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(d) That after completion of pleadings both the

parties were directed by the court to lead their

respective evidence in support of their respective

claim.

(e) That in support of his case the claimant filed his

own evidence by way affidavit and he was duly

Cross-examined by the counsel of the respondent.

However during Cross-examination he was

completely shaken and he admitted the claim of

the respondent entirely.

(f) That in support of his claim and contentions the

respondent produced Prabhat Chandra Singh Area

Manager, Shahjahanpur, FCI as MW/1 and he duly

filed his evidence by way of affidavit and he was

also not at II been Cross-Examined by the

counsel of Respondent despite opportunity was

duly given by the court twice. Hence, the

Testimony of the Respondent unrebutted and

unchallenged.

(g) That thereafter the matter was fixed for final

arguments and hence the Respondent is filling

the written arguments.

GROUNDS OF DISMISSAL OF THE CLAIM

(a) Matter pertaining to identification of those

labours who have worked at FSD Roza is

subjudice under writ petition No.-34027/2013,

34408/2013,34517/2013,4366/2013,4521/

2013,4513/2013,45 20/2013,4511/2013,4510/

2013,4514/2013,4523/2013,4509/2013,4515/

2013, ,4519/2013,4522/2013,4512/2013 and

1571/2015. Besides, this same issue of

identification of labour has been decided by Dy.

CLC Kanpur vide order dated 12.05.2015 in case

no.K:14(29) /2014/E.1(copy enclosed). Which

is being challenged by FCI before High Court,

Allahabad.

(b) Because no documentary evidence has been filed

by the claimants in support of their claim that

they were working with the respondent at any

point. It is pertinent to mention here that the

documents as filed by the claimants are forged

and fabricated documents.

(c) Because except the Petitioner no other person/

claimant has come under witness box for his cross-

examination. No individual affidavit in support

of the claim has ever been filed by all the

claimants/workers mentioned in the list, despite

the directions of tribunal. Further Srinath Yadav

is not at all authorized person to depose on behalf

of the 453 claimants. No authority letter on

behalf of 453 claimants has been filed by the

said Srinath Yadav in support of his claim. Hence,

it is clear that the present claim has been filed

by unauthorized person having no authority to

file the present claim.

(d) Because the claimant has miserably failed to

prove that they are under employment of the

Respondent at any point of time. However it is

submitted that the Respondent has clearly proved

that the claimant workmen had never been in the

employment of the Respondent/FCI in any

capacity at any post what so ever in nature. There

no master and servant relationship between the

Respondents and the claimants labours. When

there exists no relationship of employed then

the question of regularization of their services

by respondents does not arise at all. Hence the

claim is liable to be dismissed with heavy costs.

(e) Because admittedly that the Respondent has

clearly proved that after the issue of notification

dated 23.04.2010 by the Government of India,

Ministry of Labour New Delhi regarding

prohibition of employment of Contractor Labour

so many unions are claiming that the labour

employed by the ex-contractor labour are their

members and they should be regularized in the

employment of Food Corporation of India

various other has filled cases before the labour

authorities.

(f) Because the Respondent has clearly proved that

the claim has been filed on the basis of forged

and fabricated documents. The claim of the

claimant is misleading and frivolous as it

contains many factual error such as they have

never worked as DPS labour in any of the depot

in FCI Shahjahanpur nor there is any court

directions for their absorption under DPS

system. Hence the claim is liable to be dismissed

with exemplary costs. There is no direction from

any forum or court regarding the absorption of

these workers under DPS. There claims as

mentioned in the claim statement is bogus nad

misleading. Moreover, DPS system has never

been prevalent at FSD Roza.

(g) Because the Respondent has clearly proved that

the present claim is also not maintainable in view

of the Notification dated 23.04.2010 which

prohibits employment of contract labour. There

is no direction arising from the notification dated

23.04.2010 to take the ex contractor labour in

the employment of Food Corporation of India,

therefore there is no right of any claimant of any

type. As such the claim is liable to be dismissed

with exemplary costs.

(h) Because the Respondent has clearly proved that

the claim of the claimant is also not maintainable

as the claimant is having no locus standi to file

the present claim and he is not at all authorized

3414

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

to file the present claim. Hence the same is

liable to be dismissed with heavy costs.

(i) Because the Respondent has clearly proved that

the present claim of the claimant is not

maintainable as per the FCI order No-IR-30 (40)/

2011/NZ/1965 dated 13/09/2011. It has been

decided to induct workers at FSD ROZA on NWNP

basis. To that effect a list of labour who has

owrked at FSD ROZA during three years

preceding from the date of notification has been

drawn on the basis of available records. However

the name of any of the claimant is not mentioned

in the said list. The copy of the list is attached

herewith AS Exhibit DW 1/3 (COLLY). Even the

said process is also stayed by FCI headquarters

vide letter dated Exhibited. There are no direction

as regards the induction of labour on DPS System

basis. Hence the claim of the claim of the claimant

is liable to be dismissed with heavy costs.

(J) Because admittedly the witness produced by the

Respondent in support of it claim was not at all

been cross examined by the counsel of the

claimants. Hence the Testimony of the Respondent

remain unrebutted, unchallenged. Hence the

defence of the Respondent has totally been

accepted by the Petitioner. Hence his claim of the

claimants is liable to be dismissed with heavy

costs.

(K) Because in support of its claim the claimant has

not filed even a single documents for the current

period the alleged documents, although the

Respondent challenged the sanctity of the same,

also pertains to the period of 1994 itself which

itself creates the doubt regarding the sanctity of

the claim of the Petitioner.

(1) Because the claimants have admitted the list of

the workers filed by the Respondent in support

of its evidence.

In view of the submission hereinabove it is therefore

most respectfully prayed that this Hon'ble Court may be

pleased to dismiss the present claim of the claimants with

exemplary cost, in the interest of justice.

Ld.A/R's for the parties have not orally argued but filed

written arguments. In the light of contentions and counter

contentions mentioned in written arguments. I perused

the question of determination mentioned in the reference,

contents of claim statement, written statement and

rejoinder, issues framed by me on the basis of reference

and pleadings of parties and relevant provisions of law of

burder of proof of those issues as well as evidence

adduced by parties to prove its case through discharging

their burden of proof to prove the issue as well as other

contents of written arguments. Perusal of reference dated

10.12.13 shows that questions for determination

mentioned in it and sent for adjudication to this Tribunal

are as follows:—

"Whether the demand of FCI Mazdoor Association

UP region through his representative Shri Srinath

Yadav dated 30.08.2013 against the Management of

Area Manager, FCI, Shahjahanpur (UP) and MD, FCI

HQ, New Delhi for regularization of services of 453

Direct Payment System (DPS) workers (as per the list

enclosed) in FCI Roza Depot, Shahjahanpur (UP), is

legal and justified? If not to what relief the said

workers are entitled to and from which date?"

On the basis of which as well as on basis of pleading of

parties following issues have been framed by me on

27.5.2014:—

1. "Whether the demand of FCI Mazdoor Association

UP region through his representative Shri Srinath

Yadav dated 30.08.2013 against the Management of

Area Manager, FCI, Shahjahanpur (UP) and MD, FCI

HQ, New Delhi for regularization of services of 453

Direct Payment System (DPS) workers (as per the list

enclosed) in FCI Roza Depot, Shahjahanpur (UP), is

legal and justified?

2. To what relief the workman is entitled?

According to contents of aforesaid Issues burden of

proof to prove Issue No. 1 & 2 lies on workmen union.

Only WW1 Shrinath Yadav, Mate/President F.C.I. Mazdoor

Association, U.P. Region has been examined to provo his

affidavit in evidence on behalf of claimant. Which is neither

corroborated by other oral evidence, nor any documentary

evidence.

Moreover, when WW1 was cross-examined by Ld. A/R

for the management. He could not give rational answers to

questions put to him. Which were put to him to challenge

his veracity. He admitted many questions in his cross-

examination. Which have already been mentioned in earlier

part of award. So, his evidence is short of that evidence

which is required to prove the Issue No. 1 and Issue No. 2.

Moreover, his evidence is not reliable and credible in

the circumstances of the instant case. While management

in rebuttal produced MW1, Sh. Prabhat Chandra, who

tendered his detailed affidavit alongwith relevant

documents on 30.1.2015.

It is relevant to mention here that when he was cross-

examined on 30.01.2015 by Ld. A/r for workman only

one question was put to him. In reply of which he stated

that circular dated 12.08.2011 is circular, contents of it

are contionally accepted.

His cross-examination was continued for 6.4.2015.

On 6.4.2015 MW1 Sh. Prabhat Chandra came and

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3415

remain present for cross-examination but he was not

cross-examined by Ld. A/R for workmen. Hence his cross-

examination has been marked nil.

So, testimony MW1 Sh. Prabhat Chandra, is

uncontroverted and unrebutted which cannot be discarded.

It is well know principle of law that case is decided on the

basis of evidence adduced by parties to discharge their

burden of proof prove to issues and not on the basis of

pleadings only.

In the instant case burden of proof to prove Issue No.

1 and 2 was on workmen union who utterly failed to prove

hence Issue No. 1 is liable to be decided against workmen

union and if favour of management. Which is accodingly

decided.

Issue No. 2 relates relief which is not required to be

decided because Issue No. 1 has already been decided

against workmen union.

Reference is decided against workmen union and in

favour of management. Claim petition is accordingly

dismissed.

Award is accordingly passed.

Dated 7/7/2015

HARBANSH KUMAR SAXENA, Presiding Officer

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New Delhi, the 13th August, 2015

S.O. 1629.—In pursuance of Section 17 of the

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

Government heareby publishes the (Award Ref. No.90/

95) of the Cent. Govt. Indus. Tribunal-cum-Labour Court,

Jabalpur as shown in the Annexure, in the industrial dispute

between the management of CMPDIL, and their workmen,

received by the Central Government on 13/08/2015.

[No. L-22012/396/1994-IR (C-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/90/95

General Secretary,

SKMS (AITUC) Union,

Singrauli,

PO Jayant Colliery,

Distt. Sidhi (MP)

...Workman/Union

Versus

Regional Director,

CMPDIL, RI-VI,

Singrauli, PO Jayanti Colliery,

CWS Colony,

...Management

Distt. Sidhi

AWARD

Passed on 22nd day of June, 2015

1. As per letter dated 25.5.95 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-

22012/396/94-IR(C-II). The dispute under reference

relates to:

“Whether the action of the Regional Director,

CMPDIL RI-VI, Singrauli in superceeding Shri Seo

Prakash Sharma and Shri Rameshwarlal General

Mazdoor Cat-I by promoting/recategorising persons

junior to them as Clerk Grade III w.e.f. 19.1.90 is

legal and justified? To what relief these two workers

are entitled to?”

2. After receiving reference, notices were issued to

the parties. The award was passed by my predecessor on

17-9-2000 in favour of the workman. Said award is set

aside by Hon'ble Chhattisgarh High Court, Bilaspur bench

as per judgment in Writ Petition No. 1530/2006 and

matter is remanded for fresh decision after hearing the

parties. In pursuance of remand of matter, notices were

issued to parties. The interveners Shri Gorachand

Choudhary and Ghansham Kanak have been impleaded.

Application for impleading Shri A.K. Mishra is rejected

as claimed not related with dispute.

3. Statement of claim is separately filed by Ist party

workmen at Page 4 to 5 & 6 to 7. Case of Union as per

statement of claim is that Shri Rameshwarlal was member

of Union and posted as General Mazdoor Category-I

working in Drilling Camp, Singrouli on 8-8-87, he was

working as General Mazdoor. He was entrusted job of

Assistant store Keeper. As such he was performing duties

of Asstt. Store Keeper. Shri Sheo Prakash Sharma joined

CMPDIL on 5-10-87 as General Mazdoor Category-I. He

was entrusted work of clerk. That Shri A.K. Mishra,

G.S. Kanak and G.C. Choudhary joined their services on

7-11-87 as General Mazdoor with IInd party. They were

junior to above said workman. It is alleged that Shri G.C.

Choudhry is son-in-law of Shri P.K. Sarkar Sr. Personnel

Officer and Shri A.K. Mishra is relative of Shri R.N.

Mishra, Chairman-cum-Managing Director at the time of

regularization as semi clerk, Shri A.K. Mishra, G.S. Kanak

and G.C. Choudhary were shown favour ad workman was

denied promotion. Above said workmen junior to him were

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THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

promoted vide office order dated 19-1-90. That Mr.

Sharma and Rameshwarlal were possessing qualifications

and eligibility for the post. The promotion was illegally

and arbitrarily denied to them. The juniors Shri A.K.

Mishra, G.S. Kanak and G.C. Choudhary were re-

designated as clerk Grade II without considering Ist party

workmen Shri S.P. Sharma and Rameshwarlal. Both

workmen and Union submitted representations but was

of no avail. Injustice was caused to both of them in the

matter of promotion. It is submitted that Shri S.P. Sharma

and Rameshwarlal are entitled to be treated at par with 3

others as they were seniors. Rameshwarlal was regularised

as per order dated 19-1-89 whereas so many juniors were

regularised w.e.f. 5-1-89. That Shri S.P. Sharma is also

denied promotion when juniors to him were promoted.

He was illegally denied promotion. Union has prayed that

both S.P. Sharma and Rameshwarwal be allowed promotion

w.e.f. 19-1-90 considering their seniority.

4. Management filed Written Statement at Pages 11 to

15 opposing claim of Union. Case of IInd party

management is that CMPDIL is a company registered under

the Indian Companies Act having its registered office at

Ranchi (Bihar) It is subsidiary of Coal India Ltd. the aim

of CMPDIL is mine planning, exploration, National/

International consultancy. CMPDIL carries out detailed

exploration by setting camps for drilling and other related

works. It is contented that as part of the functioning,

CMPDIL undertook project work at Meera Nagar, PO

Merta Road, Nagpur, Rajasthan. Said project was under

the S & T Project for underground gasification carried

during November 87 to November 88. That said project

was separate establishment and temporary project. In

order to execute said project, management of CMPDIL

engaged casual workman for operation of project.

Workman engaged for purpose of operation of said project

had no claim for employment once the operation of

project came to end in November 1988.

5. It is further contented that workman Rameshwarlal

and Shri S.P. Sharma were engaged vide letter dated 7-11-

87 and 25-10-87 respectively. That dispute being there is

no claim of employment of workman engaged at Meera

Nagar after its completion. Management was not bound

to offer them employment. However decision was taken

to offer employment of casual workman at Meera Nagar

to those casual labours who completed 240 days

continuous service. Accordingly workman was given

appointment to the post of General Mazdoor Category I

as per letter dated 3-10-88. In pursuance of it, workman

Rameshwarlal and Shri S.P. Sharma reported to work on

7-11-88 & 18-10-88 respectively. Their services were

regularised as per order dated 17-9-89. In 1988 with a

view to study details of manpower, the Committee was

constituted vide order dated 12-8-88. the Committee was

constituted for re-categorisation of casuals being paid

category I wages and identification of casuals engaged

against sanctioned posts and regular nature of job. Said

Committee did not recommend the Ist party workmen for

their regularisation on post of Clerk Grade-III. That Shri

S.P. Sharma and Rameshwarlal cannot claim post of clerk

Grade III as a matter of right. They were not given said

post as their cases were not recommended by Screening

Committee. Action of the management in not giving

appointment of clerk Grade III is proper and legal.

6. IInd party contented that Shri S.P. Sharma and

Rameshwarlal were engaged as casual project. Said

project came to end in November 1988. On completion

of said project, the employees temporarily engaged were

terminated. Management have engaged workman as clerk.

It is submitted that Shri A.K. Mishra, G.S. Kanak and G.C.

Choudhary were regularised as Category I mazdoor from

7-11-87. Shri S.P. Sharma reported on duty. It is alleged

that Shri G.S. Kanak and G.C. Choudhary are relative of

the officers of the management is immaterial. The

allegations are made with ulterior motive. It is denied that

they were favoured by management for regularisation of

the post of clerk. It is submitted that Shri A.K. Mishra,

G.S. Kanak and G.C. Choudhary were senior to workman.

their cases were not recommended by the Screening

Committee. That Shri S.P. Sharma and Rameshwarlal are

not entitled for promotion/re-categorisation on the post

of Clerk Grade III from 19-1-90. It is reiterated that

considering seniority of Shri A.K. Mishra, G.S. Kanak and

G.C. Choudhary and recommendation by Screening

Committee, they were allowed categorization to clerk

Grade III from 19-1-90 till the claim of the workman

cannot be accepted.

7. Ist party Union submitted rejoinder at Pages 16 to

18 reiterating its contentions in statement of claim. That

workman Rameshwarlal and Shri S.P. Sharma were absorbed

in CMPDIL Singrauli. They had join duty on 8-8-87,

8-10-87. The fact remains that they were regularised in

service from the date of joining service at Meera Nagar

Project from 8-8-87, 5-10-87. Their services were

treated as continued from the above dates. Management

deliberately suppressed said facts in his statement of

claim. The contentions of management regarding

Screening Committee, Union submits no Screening

Committee was constituted. That so called committee

arbitrarily, malafidely without fixing any criteria for re-

categorisation, Shri A.K. Mishra, G.S. Kanak and G.C.

Choudhary were regularised from 7-11-87. They do not

possess special qualifications. They were junior to Shri

Rameshwarlal and Shri S.P. Sharma and were fully

qualified and eligible being senior to those employees.

There are no reason for not recommending the names of

Ist party workman for categorization to the post of Clerk

Grade III. That Shri Rameshwarlal and Shri S.P. Sharma

were regularised from the date they joined at Meera Nagar.

It is denied that they were junior to Shri A.K. Mishra, G.S.

Kanak and G.C. Choudhary. The contentions of

management in that regard are false.

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3417

8. After adducing evidence by parties, witnesses of both

the sides were cross-examined, my predecessor passed

award dated 17-7-2000. The promotion order of Shri A.K.

Mishra, G.S. Kanak and G.C. Choudhary w.e.f. 19-1-90

was set-aside. Management was directed to consider case

of superceeded workman Shri S.P. Sharma and

Rameshwarlal for their re-categorisation as Clerk Grade-

III. After remand of the matter, as per judgment in W.P.

No. 1530/2006 dated 6-3-13, the intervener Shri

Gorachand Choudhary and Ghansham Kanak were

impleaded as party. The application for impleading Shri

A.K. Mishra as party was rejected as per order dated

3-2-2014 considering his contentions that he had not

challenged the award passed by this Tribunal, he is not

concerned with the relief sought in the dispute. The

interveners Gorachand Choudhary and Ghansham Kanak

submitted their Written Statement on 16-12-13 and

26-12-13. Though separate Written Statement is filed by

interveners, their contentions are identical.

9. Both Gorachand Choudhary and Ghamsham Tiwari

claims to be senior to workman. That they were appointed

as per order dated 7-11-87. Their services were regularised

as per order dated 5-1-89 w.e.f. 7-11-87. In 1984, with a view

to study details of manpower, the Committee was

constituted as per order dated 12-8-88 for re-categorisation

of casuals being paid on wages and identification of casual

engaged against sanctioned post and regular nature of

job. The Screening Committee had not recommended

workman Shri S.P. Sharma and Rameshwarlal. On

recommendation of Screeing committee and interview held

by the committee, both interveners were found fit for

promotion as per the criteria framed by the Committee.

The intervener No. 1, 2 were promoted as Clerk Grade III

from 19-1-90. Shri A.K. Mishra was also promoted

alongwith them. That both interveners were allowed

upgradation as clerk Grade II, LDC. They were also given

National seniority from 22-12-90. Vide order dated 26-

8-99, management issued circular considering their

service for more than 8 years, they were upgraded to the

next higher grade w.e.f. 1-1-99. They were promoted to

the post of LDC/SLU as per said order. That interveners

have faced departmental exam, typing test and interview

for their promotion that after 23 years of their service,

their promotions were cancelled by the management as

per award dated 17-7-2000 passed by this Tribunal. Both

interveners reiterates that workman were not

recommended by Screening Committee. Both workmen

were not senior to them. The management regularised theri

services vide order dated 19-9-89 considering their

appointments dated 8-8-87 and 5-10-87 was mistake of

the management. That Shri S.P. Sharma and Rameshwarlal

were absorbed subsequently after termination of their

services. It is submitted that their promotion was not

challenged by Union as per the terms of reference. The

promotion of both the interveners was legal. That Shri

Shiv Prasad Sharma and Rameshwarlal claim promotion

on the ground of parity. The point of eligibility and

qualification of the workman is matter of record. The

interveners were promoted after adopting proper process

of promotion conducting interveners following the

guidelines framed by the management. the interveners

submits that Shri Rameshwarlal died. The claim of

workman is for promotion, it is for management to grant

promotion to the workman. The cancellation of their

promotion is not legal.

10. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

(i)

Whether the action of the

In Negative

Regional Director, CMPDIL

RI-VI,

Singrauli

in

superceeding Shri Seo

Prakash Sharma and Shri

Rameshwarlal

General

Mazdoor Cat-I by promoting

persons junior to them as

clerk Grade-III w.e.f. 19-1-90

is legal and justified?

(ii) If not, what relief the

As per final order.

workman is entitled to?"

REASONS

11. Before dealing with Point No. 1, it would be

appropriate to deal with the argument advanced by the

parties. That award dated 17-7-00 passed by this Tribunal

was challenged in Writ Petition No. 1530/2006. Said Writ

Petition was dismissed in SLP 4405/04. Review Petition No.

2029/2004 whether the award passed by the Tribunal has

become final. While deciding Writ petition No. 6362/00, the

facts were suppressed about those judgments and the order

of remand passed in Writ Petition No. 1530/06 is from per-

incurium and matter cannot be decided as per directions in

the order of remand.

12. Learned counsel for management Shri A.K. Shashi

as well as Shri D.P. Rao for Ist party workman emphasized

that in view of dismissal of writ petition No. 1530/06 by

Chhattisgarh High Court and SLP No. 4405/04 by Apex

Court, the order of remand passed in Writ petition 6362/

00 suppressing the material facts from said court is not

legal. Without going into detailed reasons in the dismissal

of Writ petition 1530/06 by Chhattisgarh High Court and

SLP No. 4405/04, it is to be noted that interveners were

issued showcause notice for cancellation of their

promotions in view of award dated 17-7-00. The

interveners were not party to this reference. Their

promotions were cancelled after issuing showcause

notice. The copies of showcause notice are produced by

Shri A.K. Shashi in bunch submitted with his notes of

3418

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

argument. The terms of reference was relating to the

superseding Ist party workmen Shri S.P. Sharma and

Rameshwarlal. The legality of the promotions of the

interveners was not included in the terms of reference.

However as per award dated 17-7-00, the promotions of

interveners and Shri A.K. Mishra were cancelled and

directions were issued to management to consider the

case to superseded workman Shri S.P. Sharma and Shri

Rameshwarlal for recategorisation. In Writ petition No.

1530/06 & SLP No. 4405/04, the interveners and Shri

A.K. Mishra were not parties. The Writ petition 1530/06

was filed by Shri Gorachand Choudhary feeling aggrieved

by cancellation of promotion. In Writ Petition filed

before Chhattisgarh High Court and SLP, the cancellation

of promotion of interveners and Shri A.K. Mishra was

involved for consideration. While remanding the matters

as per judgment in Writ petition 1530/06, his Lordship

dealing with impugned award dated 17-7-00, promotion

of petitioner Gorachand dated 19-1-90 was cancelled

without notice to the interveners. Therefore the matter

was remanded. I do not find any substance in the argument

advanced by learned counsel for Ist party and management

that the order of remand as per judgment dated 6-3-13

suffers from suppression of material facts as the

grievance of cancellation of promotion of Shri Gorachand

Choudhary, A.K. Mishra and Ghansham Kanak was not

under consideration in the Writ Petition 1530/06 and SLP

No. 4405/04. For above reasons, I am bound to follow

the directions issued by his Lordship while remanding

back the matter as per judgment in Writ petition

1530/06.

13. Turning to the claim of workman, affidavit of

evidence were filed by Shri S.P., Sharma and Rameshwar

lal contending that they were senior to Shri A.K. Mishra,

G.S. Kanak and G.C. Choudhary, that Shri S.P. Sharma was

regularised from 5-10-87 from the date of joining at

Meeranagar project. He was regularised as per order dated

19-9-89. He was entrusted with clerical work. He

possessed qualification for holding the post of semi clerk,

Shri A.K. Mishra, G.S. Kanak and G.C. Choudhary joined

service on 7-11-87 as Category Mazdoor General

Mazdoor. His services were regularised as General

Mazdoor as per order dated 8-1-89. At the time of

regularization of Category-I General Mazdoor with a view

to extend favour to Shri A.K. Mishra, G.S. Kanak and G.C.

Choudhary. He was denied regularization. Shri S.P. Sharma

in his cross-examination says CMPDIL is carrying work

related to exploration of coal deposits. In the year 87-

88, he was working as casual labour at Meera Nagar camp.

Thereafter he was working at Singrauli, he produced

apointment letter at Exhibit M-1, the appointment letter

at Singrauli is produced at Exhibit M-3. M-4 is joining

report. As per order Exhibit M-6, he was regularised.

Management

has

constituted

committee

for

categorization of casual workers. The committee was

consisting of 3 members. Shri S.P. Sharma was not called

for interview, he had complained about it. The committee

members were not relative of Shri A.K. Mishra, G.S. Kanak

and G.C. Choudhary. he denied that he was regularised form

18-8-88. He has not received order for working as clerk.

he denied that Shri A.K. Mishra, G.S., Kanak and G.C.

Choudhary were senior to him.

14. Cross-examination of Shri Choudhary shows that

two member of Screening committee have retired.

Meeting of the committee was held on 17-11-88. Only

employees working regularly in camp were called for

interview. Shri Choudhary witness of the management in

his cross-examination says no policy was framed by the

management in the matter of regularization of casual

employees. Shri A.K. Mishra, G.S. Kanak and G.C.

Choudhary who were regularised were permanent

employees in the camp. Cross-examination of Shri

Rameshwarlal is identical to the cross-examination of Shri

S.P. Sharma. His evidence is about regularization of his

service from 5-10-87 is not shattered. The documents

Exhibit W-7 order dated 3-10-88 shows on completion

of 240 days service at Meera Nagar camp were absorbed.

They were directed to join duty within 10 days.

15. The evidence of management's witness Shri R.L.

Pandey supporting contention of management, states that

Rameshwarlal and Shri S.P. Sharma were engaged in the

Meera camp were regularised. His evidence in cross-

examination shows he was working since July 99 at Ranchi

Hqr. As per record, both workman were working at Meera

Nagar Project from 8-8-87, 5-10-87. The witness

admitted Exhibit W-7, W-11. Management has not

produced policy related to re-categorisation. The witness

was unable to tell that the employees were interviewed

by the Screening Committee for re-categorisation.

Witness was unable to tell that workman were not

interviewed by the Screening Committee. That Shri A.K.

Mishra, G.S. Kanak and G.C. Choudhary were allowed

clerk Grade III from 19-1-90.

16. The evidence of interveners is filed by affidavit

contending that Shri Ghansham Kanak was appointed as

per order dated 7-11-87. Shri Corachand Choudhary was

appointed from 7-11-87. Shri A.K. Mishra has been

elevated as Welfare Officer and he has not participated

in present reference therefore the legality of his

promotion need not be decided in the present matter.

17. Shri G.S. Kanak in his cross-examination says after

award was passed in 17-7-2000, management did not

impleaded. He admits he and G.S. Choudhary were called

before selection committee after the award. He was

allowed post of Clerk Grade III. Management allowed

benefit of SLU. He had received knowledge from

management that the award passed by this Tribunal was

challenged before Hon'ble High Court and SLP filed in

Apex Court. Shri Gorachand Choudhary in his cross-

examination says that award passed by this tribunal was

challenged in High Court Writ Petition and filling SLP in

¹Hkkx IIó[k.M 3(ii)º

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3419

Apex Court. He claims ignorance about the same. He is

allowed benefit of Clerk Grade III from May 2001. Shri

Ghansham Kanak was also given said benefit from May

2001. The evidence of both the interveners in almost

identical. The document exhibit M-1, M-4, 5 produced

by management relates to recruitment of Welfare office

has no bearing to controversy between parties. As stated

earlier, notice Exhibit M-2 was issued by management on

12-3-01. There is clear reference that as per award passed

by this Tribunal, why their promotions should not be

cancelled.

18. The evidence of Dhirendra Kumar Sinha on affidavit

supporting contentions of management is on the point

Shri S.P. Sharma filed Writ petition No. 6634/07. That

intervener Shri G.S. Kanak filed petition No. 5800/03

before Jharkhand High Court was dismissed withdrawn.

From evidence of the management's witness, documents

Exhibit M-1 to M-6 are admitted in evidence. In his cross-

examination, management's witness says he has not given

evidence in the matter prior to the award was passed. The

representation submitted by Intervener Nos. 1, 2 were

replied. Management's witness in his cross-examination

says Shri A.K. Mishra was working as Category-I General

Mazdoor prior to 19-1-90. The evidence discussed above

is clear that Ist party workmen were working from

8-8-87, 5-10-87. Their services were regularised from

above dates as per order dated 9-9-89 is not shattered.

Both the workmen were not called for interview by

Screening Committee. The services of interveners were

regularised as per order dated 5-1-89 Exhibit M-9 w.e.f.

17-11-87. Thus the interveners were quite junior to

workman, they were not called for interview by Screening

Committee. As per evidence of management's witness,

the management had not followed policy in the matter of

categorization of casual workers. What policy was

considered by screening committee at the time of

categorization of casual employees is not produced. It is

clear that both workmen Shir S.P. Sharma and

Rameshwarlal is discriminated. Therefore I record my

finding on Point No. 1 in Negative.

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

Ist party workmen Shri S.P. Sharma and Rameshwarlal

were discriminated. The rule of parity should have been

followed. However in present case, my predecessor

passed the award setting aside promotions of Shri A.K.

Mishra, G.S. Kanak and G.C. Choudhary is beyond the

terms of reference. For sale of clarity, I reproduce the

terms of reference below—

"Whether the action of the Regional Director, CMPDIL

RI-VI, Singrauli in superceeding Shri Seo Prakash Sharma

and Shri Rameshwarlal General Mazdoor Cat-I by

promoting/recategorising persons junior to them as clerk

Grade III w.e.f. 19-1-90 is legal and justified?

The promotion of Shri A.K. Mishra, G.S. Kanak and

G.C. Choudhary is not included in the terms of reference.

20. Learned coursel for workman Shri D.P. Rao pointed

out my attention to the documents Exhibit W-1 cancelling

promotions of Shri G.S. Kanak and G.C. Choudhary as per

order dated 25-5-01. The show cause notice was given.

Document Exhibit W-2 shows that Shri A.K. Mishra, G.S.

Kanak and G.C. Chourdhary were allowed post of clerk

Grade III vide order dated 5-12-01. Vide Exhibit W-3

workmen were informed by management that there is no

direction in award passed by this Tribunal to promote them

from 1990 to the post of clear Grade III. By cancellation

of the promotions of interveners and Shri A.K. Mishra,

their subsequent promotions to the higher post were also

automatically cancelled.

21. Learned counsel for workman Shri D.P. Rao in his

notes of arguments emphasized that the Tribunal cannot

extend scope of reference. Reliance is placed on ratio

held in

Case of Delhi Cloth and General Mills Company Ltd.

and their workmen and others reported in 1967-1-LLJ-

423. Their Lordship of the Apex Court dealing with scope

and ambit of dispute held that Tribunal cannot widen the

scope of the enquiry beyond the terms of reference.

Ratio held in case of Pottery Mazdoor Panchayat versus

the Perfect Pottery Co. Ltd. and another reported in 1979

LAB.I.C.827, Mukand Ltd versus Mukand Staff and

Officers Association reported in 2004(2) JLJR SC-311

supports argument advanced by Shri D.P. Rao on behalf

of workman. Shri D.P. Rao further submits that the SLP

dismissed neither amount to res judicata. Above argument

are supported from ratio held in case of UP Road Transport

Corporation versus Omaditya Verma reported in 2005

AIR SCW 2097.

In case of Tridip Kumar Dingal and others versus State

of West Bengal and others reported in 2009(1) SCC 768.

Their Lordship held the selection of those candidates

would not be set aside without affording them opportunity

of hearing.

In present case, promotion of Shri A.K. Mishra and

interveners was set-aside without notice to them. The

evidence adduced by parties clearly shows that services

of workman including deceased Rameshwarlal were

regularised prior to the interveners, they were not called

for interview. Management has not framed any policy in

the matter of categorization of casual labours. The award

dated 17-7-00 was passed by my predecessor beyond the

terms of reference. The said award was confirmed by

Hon'ble High Court in Writ petition 1530/06 and SLP.

was dismissed. However I shall mention here that

cancellation of promotion of the internevers and Shri A.K.

Mishra was not involved for consideration.

22. Shri D.P. Rao also relies on ratio held in

Case of Trimurthulu K. and others versus M.V.N.

Murthy and others reported in 1998-II-LLJ363. Their

Lordship held casual employees can claim benefit of

seniority only from the date on which they were appointed

on regular basis and casual service would not be counted

towards seniority.

As the services of workman were regularised earlier

to the services of intervener and Shri A.K. Mishra, the

ratio does not advance the claim of intervener and their

services were subsequently regularised.

3420

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

23. Shri D.P. Rao, Learned counsel for workman also

placed reliance on ration held in

Case of V.K. Dubey and others versus union of India

and Others reported in 1997-II-LL-J-997, in case of C.A.

Hames, Carpenter Grade I, Dry Dock, Cochin Port Trust

and Another versus Assistant Secretary, Cochin Port Trust

and Others reported in 1996-II LLJ 839, in case of

Joyachan M. Sebastian and Director General and others

reported in 1997-LL-J-677, in case of Bir Singh Kadian

and state of Haryana reported in 1996-II-LLJ-172.

The ratio held in all those cases has no direct bearing

to the controversy between parties in view of services of

both the workmen were regularised earlier to the

interveners and Shri A.K. Mishra. Considering ratio held

in 2004(2) JLJR SC-311, 1979 LAB.I.C.827, the Triunal

cannot decide the matter beyond the terms of reference.

The legality of the promotions of both the interveners

and Shri A.K. Mishra not included in the terms of reference

cannot be decided. The evidence adduced by both

workmen are clear that their services were regularised

earlier to both interveners and Shri A.K. Mishra. Both

workmen were not called for interview before Screening

Committee. They were denied promotion. Employees

junior to him both intervener and Shri A.K. Mishra were

promoted. Management had not declared policy in the

matter of categorization of casual employees. In absence

of such policy, the screening Committee has

recommended both interveners and Shri A.K. Mishra

cannot be said legal. To be precise, both the workmen

were discriminated by the management, there were denied

promotion of clerk Grade III which was allowed to the

junior employees, interveners and Shri A.K. Mishra.

Following principles of natural justice, the workmen

deserves to be given benefit which was allowed to the

employees junior to them. The Ist party are entitled

deemed promotion from 19-1-90. Accordingly I answer

Issue No.2.

24. In the result, award is passed as under:-

(1)

The action of the Regional Director, CMPDIL

RI-VI, Singrauli in superceeding Shri Seo Prakash

Sharma and Shri Rameshwarlal General Mazdoor

Cat-I by promoting/recategorising persons junior

to them as clerk Grade III w.e.f. 19-1-90 is not legal

and proper.

(2) IInd party management is directed to give benefit

of deemed promotion to workmen Shri S.P. Sharma

and Rameshwarlal from 19-1-90, the date

promotions as Clerk Grade III were given to the

junior employees Shri A.K. Mishra, G.S.Kanak and

G.C. Choudhary.

Pay of both workmen be fixed and difference of amount

be paid from the date of reference i.e. 25-5-95 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.

25. Let the copies of the award be sent to the

Government of India, Ministry of Labour & Employment

as per rules.

R. B. PATLE, Presiding Officer

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New Delhi, the 14th August, 2015

S.O. 1630.—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.

117/2014) of the Central Government Industrial Tribunal-

Cum-Labour Court, Chennai now as shown in the

Annexure in the Industrial Dispute between the employers

in relation to the Management of the M/s Kaleeswarar

Mills, Sivagangai and their workman, which was received

by the Central Goverment on 13/08/2015.

[No. L-42012/142/2014-IR(DU)]

P.K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Wednesday, the 29th July, 2015

PRESENT: K.P. RASANNA KUMARI

Presiding Officer

Industrial Dispute No. 117/2014

(in the matter of the dispute for adjudication under

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

Section 10 of the Industrial Disputes Act, 1947 (14 of

1947), between the Management of Kalleswarar Mills and

their workman)

BETWEEN

Sri K. Mayamuthu

:

1st Party/Petitioner

AND

The General Manager

:

2nd Party/Respondent

M/s. Kaleeswarar Mills

"B" Unit

P.O. Bag No. 1, Kalayarkovil

Sivagangai District-630551

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 15] [email protected] 24] 1937

3421

Appearance:

For the 1st Party/Petitioner

: M/s. S. Ravi & T.

Ramkumar, Advocates

For the 2nd Party/Respondent : M/s. T.S. Gopalan &

Co. Advocates

AWARD

The Central Government, Ministry of Labour &

Employment vide its Order No. L-42012/142/2014-IR

(DU) dated 17.11.2014 referred the following Industrial

Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is:

"Whether the dismissal of service of Sri K.

Mayamuthu w.e.f. 21.07.2012 by the management

of Kaleeswarar Mills "B" Unit, Kalayarkovil is legal

and justified? If not, to what relief the petitioner is

entitled to?"

2. On receipt of the industrial Dispute this Tribunal

has numbered it as ID 117/2014 and issued notices to

both sides. Both sides have entered appearance through

their counsel and filed claim and counter statement

respectively. The petitioner has filed rejoinder in answer

to the Counter Statement.

3. The averments in the Claim Statement filed by the

petitioner in brief are these:

The petitioner had joined the service of the Respondent

on 01.06.1986. He had been continuously working

without any blemish till his dismissal from service on

21.07.2012. While in service, on 22.06.2011, a Show

Cause Notice was issued to the petitioner alleging that

the petitioner had unauthorizedly absened from work from

02.06.2011. The allegations in the Show Cause Notice

were vague and did not contain any details to enable the

petitioner to ascertain the allegations made against him

and to submit his explanation effectively. However, on

06.07.2011 the petitioner had submitted explanation

denying the allegations. Without accepting the explanation

the Management initiated domestic enquiry and appointed

an Enquiry Officer. The Enquiry Officer had conducted

enquiry fully in favour of the Respondent Managment.

The petitioner was not given any opportunity to defend

his case in accordance with the principles of natural

justice. The Management had not produced any

documentary or oral evidence to substantiate the

allegations. The Enquiry Officer has given a finding to

the effect that the charge against the petitioner is proved.

Based on the enquiry report the Disciplinary Authority

imposed punished of dismissal from service on the

petitioner. The authority did not consider the explanation

submitted by the petitioner before issuing order of

dismissal of the petitioner from service on 19.07.2012.

The dispute is raised accordingly, The order of dismissal

is without any justification. An award may be passed

holding that the order of dismissal issued to the petitioner

is unjustified and also directing the Respondent to

reinstate the petitioner in service with back wages,

continuity of service and attendant benefits.

4. The Respondent has filed Counter Statement

contending as below:

Habitual absence without leave is one of the acts of

misconduct enuerated in the Standing Orders of the

Respondent. Habitual absence on the part of a skilled

workman like the petitioner would cause serious dislocation

of work or even loss of production. The petitioner was a

chronic absentee and had been absent without leave on

several days in the years from 2005 to 2010. Even in 2011

disciplinary action was initiated against him for

unauthorized absence. From 02.06.2011 the petitioner

continuously remained absent without leave. So Show

Cause Notice was issued to him on 29.06.2011 calling upon

him to show cause why disciplinary action should not be

initiated against him. The explanation given by the petitioner

was that he was continuously ill, that he was not able to

physically carry out the work load fixed by the settlement,

that he was incurring heavy expenses towards medical

treatment and that he was not in a position to continue in

employment and he should be considered for voluntary

retirement. Thus his explanation itself justifies the action

of the Respondent which ultimately resulted in his removal

from service w.e.f. 21.07.2012. The petitioner was

continuously absent without leave from 02.06.2011 to

21.07.2012. If the petitioner had shown any willingness to

resume work the Respondent would have considered him

for punishment short of termination of employment. The

petitioner is not entitled to any relief.

5. In the rejoinder filed, the petitioner has reiterated

his case in the Claim Statement and also denied the

allegations made in the Counter Statement.

6. Even though in the Claim Statement the petitioner

has contended that the domestic enquiry was conducted

in violation of principles of natural justice, the petitioner

had not insisted to have this decided as a Preliminary Issue.

That such a contention was raised was not brought to the

notice of the Tribunal also. It is accordingly documents

were marked and the matter had been aruged in the absence

of any oral evidence on either side. However, on going

through the written submission given by the counsel for

the petitioner on behalf of the petitioner, I find that the

issue is raised. It is stated in the written submission that

the enquiry was not conudcted in fair and proper manner.

However, on going through the enquiry proceedings. I

find that the petitioner has participated in the enquiry

proceedings. The Management had produced the muster

roll and two other documents before the Enquiry Officer

and these were marked. However, the issue seems to have

been decided largely based on the admission of the

petitioner that he was not well and his wife was also having

3422

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

illness during the period in question and this was the

reason for his absence. The Enquiry Officer has assumed

it to be the admission on the part of the petitioner

regarding the charge of unauthorized absence and has

entered a finding mainly on this basis. The petitioner did

not propose to lead evidence on his side. It is accordingly

the enquiry was concluded. On going through the enquiry

proceedings it cannot be stated that it is case where the

enquiry was not conducted in a fair and proper manner.

Probably there must have been latches on the part of the

Enquiry Officer in the sense that it was not conducted in

a manner which is supposed to be done. However, the fact

is that the petitioner had sufficient opportunity to put

forth his case before the Enquiry Officer. So in any case

enquiry could not be said to be unfair, improper and against

principles of natural justice.

7. The evidence in the case consists of Ext.W1 to

Ext.W4 and Ext. M1 to Ext. M9. No. oral evidence was

adduced on either side.

8. The points for consideration are:

(i) Whether the dismissal of the petitioner from

service w.e.f. 21.07.2012 by the Respondent is

legal and justified?

(ii) What is any is the relief to which the petitioner

is entitled?

The Points

9. Ext.W1 is the Show Cause Notice issued to the

petitioner on 29.06.2011 for his absence from

02.06.2011. In Ext. W2, the reply the petitioner has stated

that he was having his lungs checked up, that there is no

ESI facility under the Management to apply for medical

Leave, that he came to know after check up that his health

is not alright, that he should be given ESI facility or his

request for voluntary retirement, which is already made,

should be granted. This explanation was not accepted and

a domestic enquiry was initiated against the petitioner.

Neither the petitioner nor the Respondent had produced

the Charge Memo. It is not clear if explanation of the

petitioner was sought after the charge memo. If any,

issued.

10. In the enquiry proceedings held on 19.08.2011 the

petitioner had admitted to have received a Show Cause

Notice. The petitioner was asked if he was accepting the

charges against him. He has replied that he had not

attended duty as mentioned in the notice and he is

accepting the same. On further enquiry, he has stated to

the Enquiry Officer that he is not well, he is having pain

in chest and heart, that his wife also is not well and had

undergone a surgery for tumour of the chest and is having

kidney problem also. The petitioner has explained that he

did not attend work during the period in question for all

these reasons. In the enquiry report the Enquiry Officer

has stated that the petitioner has not submitted any

documents to prove the illness of himself and his wife. It

was observed that he admitted to have been absent from

work. Accordingly, he had found the charge to be proved.

Ext. M5 is the Show Cause Notice issued to the petitioner

proposing punishment of dismissal from service and calling

for his explanation. In the reply marked as Ext. M6 the

petitioner had repeated his contention of illness. Ext.W4 is

the order of dismissal of the petitioner.

11. It could be seen from the Counter Statement that

Show Cause notice was issued to the petitioner for his

absence from 02.06.2011 till the date of the notice i.e.

29.06.2011. The Enquiry Officer has found him guilty of

unauthorized for the period from 02.06.2011 to 29.06.2011.

However, the basis for imposition of punishment by the

disciplinary authority is not the report of the Enquiry

Officer alone. It could be seen from Ext.M5 the Show

Cause Notice proposing punishment, that the petitioner

was described as a habitual absentee. The Respondent

has stated in the Counter Statement that the petitioner

had been absent without leave for several days on all the

years 2005 to 2010. In Ext.W5 the Disciplinary Authority

has stated that the past records of the petitioner were

perused and it is evident that he was habitually absent

from duly. The basis of the punishment is the absence in

the previous years given in the Show Cause Notice. The

details of the alleged disciplinary proceedings initiated

against him for those absence also are given in the Show

Cause Notice. It could be seen that the Disciplinary

Authroity was carried away by the past record said to

have been perused by it. What is stated is that the

petitioner had not corrected himself in spite of

opportunities having been given. The punishment seems

to have been made on the basis that the petitioner has

failed to correct himself.

12. It has been pointed out by the counsel for the

petitioner that this action of the Management in taking

into account the records of past of the petitioner, if any

was not justified when they are not brought as a charge

against the petitioner and his explanation regarding these

were not sought in the disciplinary proceedings. From the

Show Cause Notice what is to be seen is that the petitioner

is being punished for his aberration in the past service.

However, this was not warranted in the absence of

opportunity having been given to him. The counsel for the

petitioner has referred to a similar circumstance in the

case in Sur Enamel and Stamping works Ltd Vs. the

Workman/respondents reported in AIR 1963 SC 1914 in

this respect. It was a case where charge was one not but

dismissal was for some other reason. The Apex Court has

observed that this itself would be sufficient ground for

setting asid the order of dismissal. There was no

justification in the Management digging at the past records

of the petitioner at the post enquiry stage without giving

opportunity to him to explain the same.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 15] [email protected] 24] 1937

3423

13. The charge for which the petitioner has undergone

enquiry is absence of 27 days for the period from 02.06.2011

to 29.06.2011. He has of course admitted in the enquiry

proceedings that he was absent for the period. However,

all along in his explanation to the Show Cause Notice and

also in the enquiry proceedings, he has tried to assert that

he had valid reason for absenting himself during the period.

The case of the Management is only that the petitioner

was unauthorizedly absent during the period in question.

It is not alleged that the absence was the result of willful

and deliberate act on the part of the petitioner. True, the

petitoern has not produced any documentary evidence in

support his illness. However, in so far as there was no case

of willful and deliberate absence on the part of the petitioner,

the explanation has to be accepted. The counsel for the

Respondent has been stating that the petitioner had been

asking for voluntary retirement from service on the ground

of illness which itself according to him would show that

the petitioner was not willing to work. I am not able to

agree with this proposition of the counsel. His request for

voluntary retirement only means that he was willing to

avail voluntary retirement from service if there was any

acheme for the same and he was eligible for the same. The

Respondent has written to the petitioner stating that there

is no such scheme available. Such being the case it could

not be assumed that the petitioner was not willing to work.

14. For the absence of 27 days for which the petitioner

has faced enquiry, certainly, he was not liable to the penal

punishment of dismissal from service. It is not in proportion

to the gravity of the misconduct, in any case. In the decision

in Chairman cum Managing Director, Coal India Ltd. and

others Vs. Mukul Kumar Choudhury and others reported

in 2009 15 SCC 620, the Apex Court has found the

punishment of removal from service for unauthorized

absence of six months grossly disproportionate. In the

present case, the absence is only for 27 days. The

punishment imposed is too harsh to commensurate with

the charge. The petitioner is therefore entitled to be

reinstated in service, but without back wages in the

circumstances of the case.

Accordingly, an awared is passed is follows:

(i) The Responent is directed to reinstate the

petitioner in service within a month of the

publication of the award.

(ii) The petitioner will not be entitled to backwages,

but will be entitled to continuity of service and all

other attendant benefits.

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

corrected and pronounced by me in the open court on

this day the 29th July, (2115)

K.P. PRASANNA KUMAR, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner

:

None

For the 2nd Party/Management :

None

Documents marked:

On the petitioner's side

Ex. No.

Date

Description

Ext.W1

04.08.2011

Enqiury notice issued to

the petitioner

Ext.W2

10.08.2011

Reply given by the

petitioner

(with

translation)

Ext.W3

24.08.2011

Second Show Cause

Notice issued to the

petitioner

Ext.W4

19.07.2012

Order of dismissal issued

to the petitioner.

On the Management’s side

Ex. No.

Date

Description

Ext.W1

29.06.2011

Show Cause Notice issued

to the petitioner

Ext.W2

06.07.2011

Reply to petitioner to the

Show Cause Notice

Ext.W3

19.08.2011

Proceedings of enquiry

Ext.W4

20.08.2011

Findings of the Enquiry

Officer

Ext.W5

24.08.2011

Second Show Cause

Notice

proposing

punishment of dismissal

from service and calling for

his explanation

Ext.W6

01.09.2011

Reply of the petitioner to

the

notice

dated

24.08.2011

Ext.W7

06.09.2011

Respondent's reply to the

letter of petitioner dated

01.09.2011

Ext.W8

27.02.2012

Petitioner's letter seeking

voluntary retirement

Ext.W9

08.03.2012

Respondent's reply to

petitioner's letter of

27.02.2012

ubZ fnYyh] 14 vxLr] 2015

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3424

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

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jfo dqekj] MsLd vf/kdkjh

New Delhi, the 14th August, 2015

S.O. 1631.—In pursuance of Section 17 of the

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

Government hereby publishes the Award [Ref. Case No.

08 (C) of 2004] of the Indus.Tribunal-cum-Labour Court

Patna as shown in the Annexure, in the industrial dispute

between the management of Central Bank of India and

their workman, received by the Central Government on

14/08/2015.

[No. L-12011/54/2004-IR(B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE PRESIDING OFFICER

INDUSTRIAL TRIBUNAL, PATNA

Reference Case No.-08 (C) of 2004

Between the management of Central Bank of India, Zonal

Office, Maurya Lok Complex, B-Block, Patna and their

workman represented by the Dy. General Secretary, Bihar

Provincial Central Bank of India. Employees Association,

C/o-Central Bank of India, Moradpur, Patna.

For the management:- Sri Ghamshyam Chandra Das

(Manager, Law)

For the workman:- Sri B. Prasad, General Secretary,

Bank

Employees Federation, Bihar.

Present:- Sri Bipin Dutta Pathak, Presiding Officer,

Industrial Tribunal, Patna.

AWARD

Patna, 22nd July, 2015.

By the adjudication order no;L-12011/54/2004-IR

(B-II) dated- 28.06.2004 the Govt. of India, Ministry of

Labour, New Delhi has referred under clause (d) of sub-

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

Industrial Dispute Act, 1947, (hereinafter to be referred

to as 'the Act'), the following dispute between the

management of Central Bank of India, Zonal Office,

Maurya Lok Complex, B. Block, Patna and their workman

Sri Sunil Kumar, represented by the Dy. General Secretary,

Bihar Provincial Central Bank of India Employees

Association, Patna for adjudication to this tribunal:-

"Whether the action of the management of Central

Bank of India, Zonal Office, Patna in terminating

the services of Shri Sunil Kumar working at

Jamalput Branch of the Bank is justified and legal?

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

2. In this case award has already been passed on 5th

May, 2005 by the then predecessor presiding officer of

this tribunal. An award has answered in favour of the

worker. The workers evidence is rather ex-parte and

sufficient enough to establish his claim. Various Exts

coupled with oral testimony of W.W.-1 amply prove that

the worker's services were utilized by the Branch as casual

labourer in leave vacancies of permanent Safai Karamchari

and / or sub-staff in a regular way. His claim for absorption

in view of clause 3.1 of Ext.-W/6 appears to be well

founded. The bank definitely resorted to unfair labour

practice by denying his claim apart from violating the

terms of settlement incorporated in Ext.-W/6. I am of

considered view and hence, hold as such that the worker

has un-hesitatingly established his claim and he is entitled

to absorption as a sub-staff in Central Bank of India.

3. The management moved before the Hon'ble Patna

High Court in C.W.J.C. No.11134 of 2005 and matter has

been remitted back to this tribunal with a direction that

the tribunal will be obliged to rehear the matter on behalf

of the management and the workman on the question of

finding regarding termination of services of the workman

and whether he is entitled to reinstatement on the materials

available or not.

4. Heard Mr. Ghanshyam Chandra Das (Manager, Law)

on behalf of the management and Mr. B. Prasad on behalf

of the workman.

Written submission has been filed on behalf of the

management stating therein Industrial dispute was raised

over alleged denial of regularization and wrongful

termination from service of Sunil Kumar.

In written argument it has been stated that there was no

relationship of employer-employee between the bank and

the alleged workman. The manager who claimed to have

employed the concerned workman had no authority to

employ. As per record of the bank the concerned workman

used to supply water on day to day basis contract between

01.08.1998 and 30.06.1989 and 01.01.1992 to

14.10.1992 and he was paid cost of water @ Rs. 10/- per

day and @ Rs. 15/- per day respectively. Thereafter he never

supplied water. Claim made by the workman was wrong.

In fact workman used to supply off and on water on

payment and in no single year he ever supplied water for

240 days or more Workman failed to proof with certainty

that he ever worked as workman in the Bank for 240 days

or more in a single calendar year against any leave Vacancy.

Hon'ble Presiding Officer, Industrial Tribunal, Patna, gave

award in favour of the concerned workman that he has

established his claim and is entitled for absorption under

the scheme of the Bank and directed to Bank to take up

his case of absorption and appoint him as sub-staff subject

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 15] [email protected] 24] 1937

3425

to eligibility criteria. The award was challenged before

Hon'ble High Court, Patna in C.W.J.C. No.11134 of 2005

and matter was remanded back before this tribunal.

It has further been stated that there was no relationship

of employer and employee relationship. The workman had

been engaged intermittently orally on day to day basis on

daily contract supply of water on payment. The workman

has not discharged his onus by not producing any evidence

to show that he worked continuously for more than 240

days in a year immediately before alleged terminatiion.

Workman has claimed regularizatiojn of service which is

beyond the scope and ambit of concerned reference.

6. On the other hand argument on behalf of the

workman is that award was rightly passed but in place of

regularization word absorption has been written. While

there should be order of reinstatement because

termination from service of the workman Sri Sunil Kumar

was found not legal and proper.

FINDINGS

7. Ther terms of reference is "Whether the action of

the management of Central Bank of India, Zonal Office,

Patna in terminating the services of Shri Sunil Kumar

working at Jamalpur Branch of the Bank is justified and

legal? If not, what relied the workman is entitled to?"

8. On behalf of the workman single witness Sri Sunil

Kumar has been examined who has stated that he worked

in Central Bank, Jamalpur from 01.01.1988 to

30.06.1989 continuously and later on he worked from

01.01.1991 to 05.08.2007. His work was to take out

ledger and keep it on counter, take out token cash book

etc. He worked from 10. A.M. to 6 P.M. and seldum after

late hour. Initially he was paid Rs. 10/- per day which was

enhanced to Rs. 35/- per day. He was working like

permanent peom. He was working according to order of

the Branch Manager. Payment was made through voucher

from 01.01.1988 to 30.06.1989 he worked continuously

for about 270 days.

To regularise of service of the workman who worked

for 240 days. There was settlement at apex level. He

submitted his representation for his regularization which

is Ext. W/1. He was removed from service from

06.08.2002. No notice or compensation was paid to him.

He claimed for reinstatement with back wages.

09.

In cross-examination he has stated that he was

appointed by Branch Manager. Appointment letter was

not given to him. Attendence was not made in attendance

register. He was not paid monthly salary like of other

workers. He received Ext. W/4, W/4-1, W/4-2 through union

leader. He had filed two voucher marked as Ext. W/5. He

was appointed by Branch Manager namely Rampreet

Prasad Singh. He studies of class IXth. He has not

submitted qualification certificate because it was not

demanded.

10. No witness has been produced on behalf of the

management.

11. Ext. W, W-1, W-2 is the representation filed by

Sri Sunil Kumar for his regularization, given to Regional

Manager, Patna which is dated-18.12.1993, 17.05.1994,

31-12-1994 repectively.

Ext.-W/1 is School Transferred Certificate by which it

appears that Sunil Kumar was reading in class-IXth.

Ext. W/2 is the letter sent by Branch Manager to Regional

office, Gaya in which it has been stated that representation

of Sunil Kumar is true and correct. He was working at casual

labour in various department of the Branch in leave vacancy

of permanent of sub staff and also exigency of the

administration by the then Branch Manager. Which was

sent to Regional Office, Gaya.

Ext. W/3 is the letter sent by Deepak Kumar Das, Senior

Manager to Regional Office, Gaya in respect of

respresentation of Sunil Kumar for payment after working

morethan 240 days in a year. Ext. W/3 confirmed that Sunil

Kumar worked as casual labour is leave vacancies/

permanent Safai Karamchari/sub-staff and also in exigency

of the administration of the then Branch Manager.

There was no objection of Bank considering for

appointment as Safai Karamchari. There is also month wise

statement of service taken from Sunil Kumar from August

1988 to June 1989 and August 1991 to Oct-1992. From which

it appears that Sunil Kumar worked from August 1988 to

June 1989 for 271 days and from August 1991 to Oct 1992

for 257 days.

Ext.-W/4 is the letter of Branch Manager sent to Regional

Office, Gaya in which it has been stated that Sri R.P. Singh

then Branch Manager had allowed Sri Sunil Kumar to work

as casual worker in the Branch w.e.f. 01.08.1988. He

allowed payment and signed on the vouchers. After transfer

of Sri R.P. Singh, Branch Manager next encumbents Sri

S.N. Prasad and Sri Gopal Prasad also utilized his service.

He has empleted 240 days in a year.

Ext.-W/4-1 was sent to Senior Manager, Jamalpur by

which details of month wise service taken was asked for.

Ext.-W/5 the payment voucher.

Ext-W/6 is the circular of Central Bank of India in

which it has been stated that "Temporary employee who

have put in 240 days of temporary service in any continuous

period of 12 months after 01.01.982 upto 31.12.1990 will be

considered for absorption in the immediate available

vacancies without any test and interview. (ii) "Qualification

and age norms will not be insisted for them. Such candidates

would not be entitled to arrears of wages and back dated

weightage in seniority.

12.

No document has been Extd. on behalf of the

management.

3426

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

13.

Written statement has been filed on behalf of

the management on 11.06.2015 stating therein that dispute

was raised over alleged denial of regularization and

wrongful termination from service of Sri Sunil Kumar.

There is no relationship of employer-employee between

the Bank and the alleged workman. The Manager who

claimed to have employed the concerned workman has

no authority to employee. The concerned workman used

to supply water on day to day basis contract between

01.08.1988 to 30.06.1989 and 01.01.1992 to

14.10.1992. Workman was not in employment of the bank

much less against any leave vacancy.

He used to supply off and on water on payment and in

no single year he ever supplied water for 240 days or more.

He failed to prove that he ever worked as workman in the

bank for 240 days or more in a single calendar year against

any leave vacancy.

It is pertinent to note that earlier award was passed stating

therein that management have not advanced any sort of

evidence either oral or documentary. They have course

cross-examined W.W.-1, but nothing positive have come in

their favour. Learned then Presiding officer of the tribunal

had passed an award that the workers services were utilized

by the branch as casual labourer in leave vacancies of

permanent Safai Karamchari and / or Sub-staff in regular

way. His claim for absorbtion in view of clause-3.1 of Ext.-W/

6 appears to be well founded. The Bank definitely resorted

to unfair labour practice. It was also allowed that he is entitled

to absorption as a Sub-staff in Central Bank of India. The

management moved to Hon'ble High Court in C.W.J.C. No.-

11134 of 2005 and Hon'ble High Court had passed order

"discussion and the evidence have been dealt with by the

tribunal but unless a clear categorical fiding with regard to

the illegal termination is also recorded, there was no

occassion for the Industrial Tribunal to give a direction for

absorbtion of the workman and denial of back wages.............

if the tribunal failed to understand that by giving a direction

for absorption he was not allowing the benefit of

reinstatement due to illegal termination, then the tribunal

committed on error in this regard because the tribunal was

bounded to give a clear and categorical direction on this

count. The word reinstatement and absorption/

regularization' are two different aspects and one does not

precede the other but flows from the reinstatement."

14. Writ petition was allowed, matter was remanded

back with a direction that tribunal will be obliged to rehear

the mater both on behalf of the management and the

workman on the question of finding regarding termination

of services of the workman and whether he is entitled to

reinstatement on the materials available or not.

15. The terms of reference is "Whether the action of

the management of Central Bank of India, Zonal Office,

Patna in termination the services of Shri Sunil Kumar

working at Jamalpur Branch of the bank is justified and

legal? If not, what relief the workman is entitled to?"

16. In the written statement the workman has stated

that he was orally appointed by the management of Central

Bank of India to discharge the duties of a peon from

01.08.1988 at Jamalpur Branch of the Bank. After

appointment, he discharged his duties from 10 A.M. to

6 P.M. for which he was paid wages @ Rs. 10/- per day

initially which was raised to @ Rs. 15/- per day and finally

@ Rs. 35/- per day. He was allowed to work at Jamalpur

Branch from 01.08.1988 to 30.06.1989 uninterruptedly. He

was again allowed to work from 01.01.1991 to 05.08.2002

continuously. The scheme was formulated by the

management in the year 1990-91. As per the scheme it was

envisaged to regularize the services of the workman who

had worked for 240 days in one calendar year. The branch

office Jamalpur forwarded the case of the workman to the

administrative office of the Bank on different occasion for

regularizing his services as a peon. But no positive step

was taken by the management. Workman went to perform

his duties at Jamalpur branch of the bank on 06.08.2002 but

he was stopped form working and was informed that his

services stood terminated. Management have not filed any

written statement denying this facts. On 09.09.2004 Regional

Manager authorised one Sri Kamlesh Prasad to represent

the management. In which it has been stated that Sunil

Kumar used to supply water in Jamalpur Branch and

payment was paid on the same day. Statement of day year

wise of supply of water has been stated in this application.

Ext.-W,W-2, W-3 is representations of the workman. Ext-

W, Ext-W/1 is transferred certificate. Ext-W/2 is letter sent

by branch manager to Regional Officer Gaya. In which it

has been stated that service of Sri Sunil Kumar was utilized

at this branch as casual labour in various department of

the branch in leave vacancies of permanent Sub-staff

member and also exigencies of the administration by the

then Branch Manager and officiating branch manager. This

is the letter sent by branch manager. Which proves

contention of Sunil Kumar that he was working as casual

labour in various department of the branch in lealve vacancy

and Sub-staff as well as and also in exegencies of the

administration. Ext-W/3 is also letter dt-23.06.1998 sent

by senior branch manager Regional Office, Gaya. In which

it has been stated that services was taken from Sunil Kumar

and it was confirmed that Sri Sunil Kumar worked as casual

labour in leave Vacancies, Safai Karamchari and/or Sub-

staff and also in exigencies of the administration. It has

been stated that senior branch manager has no objection

if bank consider his appointment as Safai Karamchari.

Which also proves case of the workman. As per statement

attached with this letter during period from August 1988

to June 1989 Sunil Kumar worked for 271 days and from

August 1991 to Oct. 1992 he worked for 257 days.

17. Again branch manager on 08.10.1993 sent letter

to Regional Office, Gaya stating there as first Sri R.P.

Singh then branch manager had allowed Sri Sunil Kumar

to work as causal worker with effect from 01.08.1988.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 15] [email protected] 24] 1937

3427

Sri R.P. Singh branch manager or Sri G. Jha, Asst. (M)

allowed payment and signed on the vouchers. After transfer

of Sri R.P. singh, Branch Manager, Next incumbents Sri

S.N. Prasad and Sri Gopal Prasad also utilised his services

whose break up has been given. There 01.08.1988 to

31.12.1988 total working was 148 days and 01.01.1992

to 14.10.1992 total working was 227 days.

Next Ext.-W/4 sent to Mr. D.K. Das, Senior

Manager. From Ext-W/6 is it appears that temporary

employee who have completed 240 days of temporary

services in any continuous period of 12 months after

01.01.1982 up to 31.12.1990 will be considered for

absorption in immediate available vacancy without any test

or interview. Qualification and age norms will be not be

insisted for them. Such candidates will be considered for

appointment first before initially any recruitment process.

Such candidates would not be entitled to arrears of wages

and back dated weightage in seniority. Sunil Kumar had

worked from August 1988 to June 1989 for 270 days as

such he has completed 240 days and became a protected

employee. Further he worked from 1991 to Oct. 1992

for

more

than

257 days. Management documents itself prove the case

of the workman.

18. The decision has been reported in 2015-II-LLJ-

335 (SC) in the matter of absorption-regularisation. In

this case CGIT had directed absorption, set aside by single

bench. Division bench affirming order held that

appointment letters stipulated appointments as temporary

and to be terminated since workman accept terms of

appointment, claim for regularization or automatic

absorption cannot be raised. The Hon'ble S.C. held that

CGIT rightly over-ridden compromise and passed award

in favour of workmen. Awards in relation to absorption of

workmen as permanent workmen in corporation got

statutory force. Award of CGIT was restored. Corporation

was directed to absorb workmen in permanent posts and

consequential benefit to be paid if workmen attained

superannuation.

19. In view of the above finding of the apex court

argument of the management cannot succeed. Termination

of the workman was not under condition of the section-

25F of the Industrial Disputes Act, 1947. Workman

became protected workman since he has completed 240

days in a year.

20. In that view of the matter discussed above

termination of the service of Sri Sunil Kumar working at

Jamalpur Branch of the Bank is not justified and legal.

Since termination of his service is not justified, legal. So

Sri Sunil Kumar is entitled to reinstatement on the

materials available on the record.

21. Hence, award is answered that the action of the

management of Central Bank of India, Zonal Office, Patna

in terminating the services of Sri Sunil Kumar working at

Jamalpur Branch of the Bank is not justified and legal. He

is entitled to reinstatement from the date-06.08.2002

when he was terminated from services. He is also entitled

to get all consequential benefits including back wages for

which he is entitled to.

This is my award accordingly.

Dictated & Corrected by me.

BIPIN DUTTA PATHAK, Presiding Officer

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New Delhi, the 14th August, 2015

S.O. 1632.—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.

02 (C) of 2011] of the Industrial 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 14/08/

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 2011

Between the management of Zonal Manager, UCO

Bank, Fourth Floor, Block 'A', Maurya Lok Complex, Dak

Bunglow Road, Patna-800 001 and Their workman Sri

Arya Nath Singh, S/o. Late Uttam Singh, Vill. + P.O.

Takkipur, P.S. Maharajganj, Distt. Siwan.

For the workman:—Shri B. Prasad, State Secretary,

UCO Bank Employees Association.

For the management:— Shri Ashok Kumar Sinha,

Branch Manager, ADB, Ghogha, Bhagalpur.

Present:—

Bipil Dutta Pathak

Presiding Officer, Industrial Tribunal, Patna.

AWARD

Patna, dated 20th July, 2015.

This case has been filed on behalf of the workman Sri

Arya Nath Singh, Head Cashier, UCO Bank, Municipal

3428

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

Chowk, Chapra, branch against his dismissal from the

service of the Bank by the management of UCO Bank,

Zonal Office, Maurya Lok Complex, Block 'A', Fourth

Floor, Patna-800 001, u/s-2A (1) & (2) of the Industrial

Disputes (Amendment) Act, 2010.

The statement of claim of workman, it has been stated

that Industrial Dispute had been raised on behalf of the

workman on 15.02.2010 and conciliation proceedings ended

in failure on 02.02.2011.

Application has been filed for adjudication of the

following dispute:—

"Whether the action of the Management of UCO

Bank, Zonal Office, Patna in imposing the

punishment of Dismissal from Bank's Service

without Notice on Sri Arya Nath Singh, Head

Cashier, Chapra Branch is legal and justified? If not,

what relief (S) the workman is entitled to?"

The facts of the case is that workman was appointed in

the bank as Godown Keeper on 15.12.1975 on

compassionate ground in place of his elder brother. He

has been selected for the post of Head Cashier Category

'E'. While working at Chapra Branch, some internal

auditors inspected the branch and reproted alleged

shortage of cash on the opening day of 7th June 2006.

Fact remains that there were some withdrawal slips, which

has not been taken into consideration. There was no

shortage of cash at the closing time of cash on 7th June,

2006. The workman was issued a charge shewet dated

26.07.2006 duly signed by the Chief Officer in the

capacity of Disciplinary Authority. Domestic enquiry was

hold, enquiry officer and presenting officer were duly

appointed.

Enquiry officer did not hold the enquiry fairly and

property. Enquiry officer Suo-moto marked papers

submitted by the management as Exts and did not take any

step for proving the genuineness of the documents and

arbitrarily marked those documents as Exts. Enquiry

officer concluded the enquiry in a day on 19.09.2007.

Enquiry officer completely ignored the rules of evidence.

Findings of enquiry officer are not based on reasoning

material facts.

The cash of the bank was kept under Joint custody

during the night of 06.06.2006 and one of the Joint

custodian was Asstt. Manager of UCO Bank Chapra

Branch. Workman was forced to admit the guilt.

Assistant Manager was punished by the Disciplinary

Authority on the identical charges for lowering down his

two annual increments but he was exonerated by the

Appellate Authority. Workman was imposed the

punishment of dismissal from the services of the Bank

without any notice. The workman was not paid full salary

and allowances as subsistence allowance as per his service

condition during the period of his suspension.

The order for imposition of the punishment of

dismissal from the service of the bank was passed by the

appellate authority in the capacity of Zonal Manager. The

workman was never made aware that the Zonal Manager

was his Disciplinary Authority. The workman preferred

appeal against the order of dismissal and without proper

application of his mind appellate authority upheld the order

of dismissal passed by the learned disciplinary authority.

The roder of dismissal is based on the perverse findings

of the enquiry officer. Workman was aware that the Chief

Officer was the Disciplinary Authority and Assistant

General Manager was the Appellate Authority. As such

the order of dismissal passed by the Zonal Manager is

void abinitio. There was discrimination in awarding the

punishment of dismissal on the workman and exonerating

the other fellow officer who faced the identical charges.

It has been stated that the workman is innocent. Prayer

has been made that order of dismissal dated 11.01.2008

along with order of Appellate Authority. dated 31.10.2008

be set aside and workman be reinstated with all

consequential benefits and management is directed to pay

a sum of Rs. 20000/- to the workman for contesting the

dispute.

3. Written statement has been filed on behalf of the

management stating therein that order of punishment has

been passed by the competent authority by following due

process of law and providing full opportunity of hearing to

the workman Sri Arya Nath Singh. He committed some

irregularities for that charge sheet dated 26.07.2006 was

issued. Which are as follows:—

(i) That during the course of regular inspection of

Chapra Branch, the Inspecting Officer, while checking the

opening cash balance on 07.06.2006, found the cash

shortage to the tune of Rs. 78979.14. It is noted that Shri

A.N, Singh was the Joint Custodian of cash keys on those

days. The shortage of cash was noted by the Inspecting

Officer in the Cashier's Summary dated 07.06.2006,

which was counter signed by Shri Singh. On the same day

Shri Singh made good loss by depositing the amount in

cash of Rs. 78979.14, which was kept in Sundry Creditors,

under his signature as depositor.

(ii) that on 07.06.2006. M/s. Sahara Indian presented

a cheque No. 072181 bearing dated 07.06.2006 for

withdrawal of cash of Rs. 3,00 lacs. Shri Singh then paid

a sum of Rs. 2.00 lacs and gave them a counterfoil of

deposit slip for Rs. 1.00 lac under his signature with Bank

Seal. But he did not account for the same in their account

on 07.06.2006, as the entry did neither take place in cash

receipt Book nor in the Cashier's Summary as late receipt

on that very date. To cover the misdeed, he put an entry of

Rs. 1.00 lac in the cash scroll on 08.06.2006 which was

later found superfluous as no money was deposited in the

account of M/s. Sahara India on 08.06.2006. His action

had brought disrepute to the Back.

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3429

Charge sheet served to Sri Arya Nath Singh, which was

received by him on 22.09.2006 but he did not submit his

reply/written statement of defence. As such it was decided

to conduct a domestic enquiry. R.C. Gupta, Senior Manager,

P.I. Area Branch, Patna was appointed as the enquiry officer

and Sri D.C. Das, Assistant Chief Officer, Regional Office,

Patna was appointed as presenting officer. Subsequently

the involvement of some more officials surfaced and as

such Assistant General Manager, Zonal Office, Patna was

appointed common Disciplinary Authority by Chairman

and Managing Director on 20.04.2007 and newly appointed

Disciplinary Authority vide notification dated 28.07.2007

appointed Sri Birendra Singh, Dy. Chief Officer, Regional

Office, Patna and Sri Kameshwar Prasad, Asst. Chief Officer,

Regional Office, Patna as the Presenting Officer. In enquiry

written brief was submitted by Presenting Officer and

Defence Representative. Enquiry Officer submitted his

report dated 22.09.2007 holding allegation No. (1) & (ii) as

proved and the corresponding charge is proved.

Disciplinary Authority examined the charge sheet issued

to Sri Arya Nath Singh, his reply the enquiry proceedings

etc and the arguments of the Presenting Officer and Defence

Representative and concurred with the findings of Enquiry

Officer. A copy of the proposed punishment was also

communicated to Sri Arya Nath Singh who was proved

opportunity of personal heharing which he could not

attend. Personal hearing was held on 11.01.2008 and

awarded the punishment dismissal from bank service with

notice. Sri Arya Nath Singh preferred an appeal dated

08.02.2008, a personal hearing was given to him along with

defence representative. Appellate Authority did not find

any reasons to interfair with the punishment award by

Disciplinary Authority.

The Assistant General Manager, Regional Office, Patna

was appointed as common Disciplinary Authority by the

Chairman and Managing Director of the bank vide order

dated 23.04.2007 in accordance with clause 13 of the

memorandum of settlement dated 10.04.2002.

Sri Arya Nath Singh himself vide his letter dated

07.06.2006 addressed to the Manager, UCO Bank, Charpa

accepted the responsibility of shortage of cash.

4. Rejoinder on behalf of the workman to the written

statement cum rejoinder of the management dated

13.06.2011 has been filed.

5. One witness has been examined on behalf of the

management namely Balaram Basak who is Chief Manager,

UCO Bank, Shivpur Branch Hawarh. This witness has

stated that he is acquainted with Sri Arya Nath Singh. Who

was then Head cashier at Chapra Branch of UCO Bank.

Assistant General Manager had authorised to inquire into

the matter of defaulcation against the Arya Nath Singh.

He inquired and submitted the report which has been

marked as Ext.-M.

On 07.06.2006 investment officer Mr. D. Zaina

inspected the cash of the branch and he found shortage of

Rs. 78979.14Ps was shortage in the balance of

06.07.2006. Which was stated in cash summary. Mr. Arya

Nath Singh accepted the facts in writing and as deposited

the cash in the branch which was deposited in sundry credit

and shortage of cash was adjusted. This witness has

perused the documents before investigation. This witness

has proved Ext./M1. Ext./M1 which is details of cashes

summary and actual cash and cash short. This has been

marked as with objection. He has also proved Ext./M2

which is letter of Shri Arya Nath Singh it appears that Arya

Nath Singh has asked permission for deposting the cash.

This document has been marked with objection. Incross-

examination he has stated that on 09.06.2006 he had gone

to Chapra for enquiry. He has stated that Ext.-W was not

given to him by defence. Ext.-W is the letter given to

Brnach Manger by Arya Nath Singh in which it has been

stated that he was compelled to write a letter about cash

shortage and he was compelled to accept his guilt. He has

stated that at the time of closing the cash tallied. He found

some cheque and withdrawal slip. In charge of cash was

Arya Nath Singh and Shambhu Saran Singh, Assistant

Manager. It is the responsibility of both the person to

maintain the cash properly. The day on which the shortage

of cash was found. Cash talled at the time of closing. He

has found some cheque and withdrawal slip along with

cash. This witness has further stated that he had written

that cash was compensated by withdrawing by sundry letter.

He as stated that for debiting the amount from account of

sundry letter signature is required but he had not seen

signature of Arya Nath Singh on sundry letter, that amount

be withdrawn from sundry letter account to compensate

the cash and on withdrawal from sundry letter entry is

made in token book.

That witness has further stated that he has inspected

token book, but there was no entry for withdrawal amount

from sundry letter account. Further he has stated that in

cash manual of UCO Bank, it has been stated that on

shortage of cash concerned employee compensates the

shortage. Further he has stated that after his investigation

there was enquiry in the case.

6. 21 documents has been marked as Exhibited on

behalf of the management. Which will be delt letter on

with the findings.

7. One witness namely Arya Nath Singh was examined

on behalf of the workman. Arya Nath Singh has stated that

he was posted at Head Cashier at Chapra Branch of UCO

Bank. On 07.06.2006 inspecting officer has checked his

cash. Manager had got done late payment of some

withdrawal of cheque. In cash verification cash short was

found because manager had got done late payment of

withdrawal and cheque. When cash short was found then

amount was taken from person, by him and manager to

whom late payment was made. On 07.06.2006 at the time

3430

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

of cash closure, there was no shortage. He given a letter

to the Branch Manager in the matter which has been

marked as Ext.-W. This witness has denied to that cheque

to Sahara India of the amount Rs. 3.00 lacs and he has

made payment of Rs. 2.00 lacs. He has stated that all

charges against him is wrong.

In cross-examination this witness has stated that he

joined UCO Bank on 15.12.1975 and worked there till 2006.

Bank has dismissed him. Bank has given him show cause

notice and charge sheet but later on he says that show

cause notice was not given to him. He has participated in

the enquiry, but no opportunity was given to him to place

his facts.

He was present on cash closure on 06.06.2006. He has

denied that there was shortage of cash in opening balance

on 07.06.2006. He has proved ledger extract dated-

07.06.2006. Which has been marked as Ext.-M/3.

In reply to the question put by the management that

opening balance on 07.06.2006 will be closing balance of

06.06.2006. This witness has stated that there is no mention

in the charge sheet that at the time of checking only one

withdrawal of Rs. 1000/- of cheque and Rs. 1000/- was found.

He has further stated that payment was made of the cheque

of the amount Rs. 3.00 lacs of Sahara India. He had denied

he had paid only 2.00 lacs to Sahara India. He had further

denied on 07.06.2006 he had given receipt of deposit of

Rs. 1.00 lac in account of Sahara India on 07.06.2006.

He has further denied that he had made entry in cash scroll

of Rs. 1.00 lac on 08.06.2006.

Further he has stated that on 07.06.2006 Branch

Manager was on leave and Assistant Branch Manager,

Shambhu Saran Singh was incharge.

8. One document has been marked as Ext.-W.

9. Written argument has been filed on behalf of the

workman stating therein that two charges were against the

workman Sri Arya Nath Singh:—

(i) A cash shortage of Rs. 78,979.14 Ps was found by

the inspecting officer while checking the opening

cash balance on 07.06.2006. The shortage of

cash was noted by the inspecting officer in the

cashier's summary dated- 07.06.2006 which was

also counter signed by you. On the same day, the

loss was made good by depositing the amount in

cash which was kept in sundry creditor's A/C.

(ii) On 07.06.2006 M/s. Sahara India presented a

cheque bearing No. 072181 dated- 07.06.2006

for withdrawal of cash of Rs. 3.00 Lacs, out of a

sum of Rs. 3.00 Lacs only a sum of Rs. 2.00

Lacs was paid and a sum of Rs. 1.00 Lac was

retained and a counter foil for deposit of the

same was given to them. To cover the misdeed

an entry of Rs. 1.00 Lac was made in cash scroll

on 08.06.2006 which was found later on

superfluous as no money was deposited in the

account of M/s Sahara India on 08.06.2006.

It has been further stated that Shambhu Saran Singh,

Assistant Manager was one of the joint custodian of the

cash. There was no application for grant of advance from

Sri A.N. Singh for debiting sundry debtor's account. Cash

was not found short at 3.00 P.M. on 07.06.2006. As per

cash manual shortage to be made good. Co-accused

Shambhu Saran Singh was not imposed any punishment.

10. Written argument of management, need not to be

considered.

FINDINGS

11.

As per Ext.-M/4 charge sheet against the

workman was no.:- (i) That during the course of regular

inspection at your branch, the inspecting officer, while

checking the opening cash balance on 07.06.2006, found

the cash shortage to the tune of Rs. 78,979.14Ps. It is

noted that you were the joint custodian of cash keys on

those days. The shortage of cash was noted by the

inspecting officer in the cashier summary dated

07.06.2006, which was also countersigned by you. On

the same day, you made good loss by depositing the

amount in cash of Rs. 78,979.14 Ps, which was kept in

sundry creditors, under your signature as depositor.

(ii) That on 07.06.2006, M/s Sahara India presented

a cheque bearing no. 072181 dated- 07.06.2006

for withdrawal of cash of Rs. 3.00 lacs. You then

paid a sum of Rs. 2.00 lacs and gave them a

counterfoil of deposit slip for Rs. 1.00 lac under

your signature with bank seal. But you did not

account for the same in their account on

07.06.2006, as the entry did neither take place

in cash receipt book nor in the cashier's summary

as late receipt on that very date.To cover the

misdeed, you put an entry of Rs. 1.00 lac in the

cash scroll on 08.06.2006 which was later on

found superfluous as no money was deposited

in the account of M/s. Sahara India on

08.06.2006. Your such action has brought

disrepute to the bank.

12.

In respect of charge No. (i) management witness

was the investigation officer who has proved Ext.-M. From

Ext.-M it appears that last entry in the key register was

28.06.2004. Cash was counted in the presence of both the

key holders, Mr. S.S. Singh, Assistant Manager and Mr.

Arya Nath Singh, Head Cashier. On going through the

cashier's summary, there was no initial/signature of the

manager under the column verified which goes to indicate

that there was no practice of cash checking by the branch

head on a regular interval. Mr. A.N. Singh made a

representation to the manager of the branch, sought

permission to make good of the shortage. He also admitted

his fault. Amount was paid in cash, which has been kept in

¹Hkkx IIó[k.M 3(ii)º

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3431

sundry creditors. This witness has stated that inpecting

officer was Mr. D. Jena but D. Jena was not examined in

the case. In cross-examination he has stated that Ext. M/1

was not given to him at the time of investigation. Further

he has stated that the day shortage in cash was found, the

case tallied at the time of closure. So there may by some

error and it has been stated that Mr. Arya Nath Singh had

deposited the amount and cash was adjusted. It has not

been stated that cash was utilised by Sri Arya Nath Singh.

Further he has stated that for debiting the amount from

account of sundry letter, signature is essential but this

witness have not seen signature of Sri Arya Nath Singh.

For withdrawal from sundry letter entry is made in token

book but there was no entry in token book so entire charge

appears to be matter of misconception. Ext.-M/1 is the

statement of actual cash but actual cash summary have

not been stated. Ext.-M/2 is the letter of Arya Nath Singh

who accepted his guilt and sought permission for

depositing the amount but management had to succeed

on his own leg. Ext.-M/3 is dated 07.06.2006 details in cash

in hand. From Ext.-M/5 it appears that Shambhu Saran

Singh, Assistant Manager and Mr. Arya Nath Singh, Head

Cashier both were alleged accountable in the matter. Ext.-

M/6 the details of domestic enquiry which need to be

considered at present because order is being passed on

the merit of the case.

13.

It appears that management have not taken

interest in contesting the case neither Mr. Jena was not

examined nor complainant was examined. What happened

to Mr. S.S. Singh who was co-responsible in matter has

not been explained. The cash talled on the same day when

it was found short. The charge No. (i) could not be proved

and established by the management.

14.

About the charge No.-(ii) neither any witness

from Sahara India has been examined nor management

witness has stated any words against charge No.-(ii). So

it appears that management was not interested to prove

the charge No.-(ii).

15.

Hence it appears that both the charges have not

been proved and established by the management. In the

circumstances management completely failed to succeed

and prove the charge levelled against the Sri Arya Nath

Singh. In the result, it is hold that action of the management

in imposing the punishment of dismissal from bank's service

without notice on Sri Arya Nath Singh, Head Cashier,

Chapra branch is not legal and justified. Hence punishment

awarded by disciplinary authority vide order dated-

11.01.2008 which was dismissal from bank service without

notice is hereby set-aside and it is hold that it is not legal

and justified and Arya Nath Singh be reinstated with all

consequential benefits of which he is entitled to be

reinstated from the date his dismissal.

Dicated & Corrected by me.

BIPIN DUTTA PATHAK, Presiding Officer

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New Delhi, the 14th August, 2015

S.O. 1633.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. (IT) No. 8

of 2007) of the Indus. Tribunal-cum-Labour Court

Kolhapur as shown in the Annexure, in the industrial

dispute between the management of Bank of

Maharashtra and their workmen, received by the Central

Government on 14.08.2015.

[No. L-12011/36/2007-IR(B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

IN THE INDUSTRIAL TRIBUNAL,

MAHARASHTRA, KOLHAPUR

REFERENCE (IT) NO. 8 OF 2007

Adjudication between:

The Asstt. General Manager,

Bank of Maharashtra,

LIC Building, 'Jeevan Tara',

Powai Naka, Satara.

..........First Party

And

The Secretary,

Bank of Maharashtra Karmachari Sangh,

185, Shaniwar Peth, Near Police Gate,

Pune.

................Second Party

Coram

:

Shri K.R. Pethkar, Presiding Officer

Appearance

:

Both parties absent.

AWARD

(Date: 10th April, 2014)

The Desk Officer, Government of India, Ministry of

Labour, New Delhi, by his order dated 10.09.2007 in exercise

of powers conferred by clause (d) of sub-section (1) and

sub-section (2A) of Section 10 of the Industrial Disputes

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

refers the said dispute between the above named parties

for adjudication to this Tribunal over the following demand

of the 2nd Party.

3432

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

"Whethere the action of the management of Bank

of Maharashtra, Satara to close the certain branches

by forming nodal cell and mechanisation of rural

branches without discussion with the union is legal

and justified? If not, to what relief the concerned

workman is entitled?"

1. The 2nd party has put forth his Statement of Claim at

Ex. U-1 as follows:—

The Bank of Maharashtra is a Nationalised bank having

its head office at Lokmangal, 1501, Shivajinagar, Pune

411005 and Asstt. General Manager, Bank of Maharashtra,

LIC Building, Jeevan Tara, Powai Naka, Satara is a second

party to the dispute. The Bank of Maharashtra Karmachari

Sangh, Pune is the trade union registered under Trade

Unions Act.

2. The Second Party states that the service conditions

of the bank employees are governed by Desai and Shastri

Award, various Bipartite Settlements and Agreements taken

place from time to time.

3. The Second Party states that after VRS 2000 so many

staff accepted voluntary retirement hence bank was facing

acute shortage of staff. To overcome this problem, bank

has started Rural Branch Mechanisation Programme project.

For this purpose bank has selected nearby branches and

prepared a cluster of Satara Region 7 nodal centers were

formed i.e. (1) Satara city (2) Powai Naka, Satara, (3) Umbraj,

(4) Karad, (5) Pusegaon, (6) Koregaon, (7) Wai.

The bank has selected computer operators for Nodal

Centers after taking their test and qualifying the test by

them, bank has appointed computer operators to these

nodal cells.

4. The Second Party states that the Bank has closed all

nodal centers except Satara city and working of all branches

was convered at Satara city Nodal Cell.

5. The Second Party states that in the light of the above

we can confidently infer that the action of the management

to close the Nodal Centers unilaterally is a violation of

Settlement made before ACL Pune and violation of Sec. 29

of the I.D. Act. Hence it is prayed that reference be allowed

and management be instructed to discuss with the union

before taking any such decision. The management should

explain the status of Umbraj Nodal Centre as well as other

Nodal Centres and the action be initiated against the

management for violation of Settlement before Asstt. Labour

Commissioner, Pune and Sec. 29 of I.D. Act.

6. The Ist Party objected this reference by filing

Written Statement Ex. C-3. The averment in the Statement

of Claim of the Second Party are totally denied by the

Fist Party. It is stated that the issue of posting of computer

operators at these Centres was discussed with the

recognised majority union. Accordingly settlment for

posting of computer operators Nodal Centres was arrived

at with recognised majority union on 31/03/2003 and with

the disputant union i.e. Bank of Maharashtra. Workers

Organisation on 23.05.2003. The instant dispute pertains

to Umbraj Nodal Centre.

7. The First Party states that in the present dispute, the

disputants have cotended that the bank has closed all Nodal

Centres in Satara Region except Satara City Nodal Centre.

It is also stated that the management of the Bank should

have discussed the issue with them before closure of Nodal

Centres, to enable them to make their suggestions for

avoiding such closure and for amicable settlement of issue

of posting of employees posted at such nodal centres.

8. In this regard it is stated that the bank had decided to

mechanise/computerize all rural branches under BIBAS

project and hence had decided to discontinue Nodal

Centres. After discussion with disputant union the bank

had arrived at settlement with the disputants on 14.03.2006

as regards closure of nodal centres and treatment to be

given to employees/computer operators posted in such

nodal cells. Accordingly the bank had initiated necessary

steps for closure of nodal centres and computer operators

pasted in such nodal centres were transferred to the place

of their choce after obtaining options from them. As a

consequence of closure of nodal centres there has been

no retrenchment of staff in any category and staff were

given posting as per their choice. It is prayed that the

reference be rejected.

9. Considering the rival pleadings of the parties my

learned predecessor framed the following issues at Ex. O-8

and I record my findings against them for the reasons given

below:—

Issues

Findings

(i)

Does the Second Party sangh

In the Negative

proves that the action of the First

Party-management of Bank of

Maharashtra, Satara to close the

certain branches by forming

nodal cell and mechanization of

rural

branches

without

discussion with the union is legal

and justified?

(ii) Does the Second Party prove

In the Negative

entitled for the reliefs claimed?

(iii) What award?

As per order

below

REASONS

10. The conciliation proceeding papers are on record.

After framing the issues none present for Second Party

Union. Several opportunities were given. Hence evidence

of Union is closed and kept for evidence of First Party

bank. The First Party bank remained absent. The bank has

¹Hkkx IIó[k.M 3(ii)º

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3433

also not let any evidence. Hence evidence of First Party

is closed and kept for argument/order.

11. Thereafter the First Party bank present with Shri

Umesh Shinde. He has filed pursis at Ex. C-5 stating that

Second Party Union does not have any grievance in respect

of demands made in the reference. Therefore he prayed

that the present reference may please be disposed of for

want of prosecution on behalf of Second Party Union.

12. My Learned Presdecessor has filed order on

14/10/2008 that Shri Umesh Shinde present on behalf of

First Party bank. None present for Karmachari Sangh,

although called out repeatedly. Reference to proceed and

kept for further hearing.

13. After careful perusal all the documents on record as

well as pleadings of the parties, it appears to me that, to

prove Statement of Claim, the Second Party has not filed

its affidavit nor reiterated the facts contained in its statement

of claim in its affidavit. Moreover, there is nothing to

disbelieve the contention of the First Party which is fully

supported by filing pursis at Ex C-5. Absolutely, the Second

Party has not appeared in reference nor produced any

document on record nor adduced any evidence. Therefore,

I have no alternative but to accept the case of First Party is

to be true.

14. From the above discussion it is seen that on several

occasions, the Second Party union remained absent in the

court and not proved its case, therefore, an adverse

inference can be drawn against the Second Party. In such

circumstances only the question before me is to see whether

the action of First Party bank to close the certain branches

by forming nodal cell and mechanization of rural branches

without discussion with the union is legal and justified or

not?

15. Taking into consideration the orders passed by my

Learned Presdecessor on several dates as well as

documents on record, I have no hesitation to hold that,

the Second Party union is not entitled to get any relief as

sought in the Statement of Claim.

Hence, I answers Issue No. 1 and 2 in the Negative and

proceed to pass the following order.

ORDER

(i) The reference is hereby answered in the negative.

(ii) No orders to cost.

(iii) Five copies of this Award be sent to the Desk

Officer, Ministry of Labour, Government of

India, New Delhi for publication and necessary

action.

Kolhapur,

K.R. PETHKAR, Presiding Officer

Dated: 10th April, 2014

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New Delhi, the 14th August, 2015

S.O. 1634.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 63/2013)

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

No. 1 New Delhi as shown in the Annexure, in the industrial

dispute between the management of Canara Bank and their

workmen, received by the Central Government on

14/08/2015.

[No. L-12011/49/2012-IR(B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

IN THE COURT OF SHRI AVTAR CHAND

DOGRA, PRESIDING OFFICER, CENTRAL

GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-

LABOUR COURT

NO.1, KARKARDOOMA COURT COMPLEX,

DELHI

ID No. 63/2013

Shri Ishwar Singh Chhokar,

Canara Bank Workers Organization,

BO: Shakti Nagar, Canara Bank,

Delhi.

Workman

Versus

The Deputy General Manager

Canara Bank, Ansal Tower,

8th Floor, 38 Nehru Place,

New Delhi.

...Management

AWARD

A reference was received by this Tribunal under section

10(2)(a) read with clause 1(d) of the Industrial Disputes

Act, 1947 from the appropriate Government to answer

the following:

"Whether the action of the management of Canara

Bank in imposing the punishment of stoppage of

one increment without cumulative effect vide order

dated 12.04.2008 upon Shri Ishwar Singh Chhokar.

Special Assistant, is legal and justified? What relief

the workman is entitled to?

3434

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

2. Claim statement was filed by Shri Chokker pleading

that he was working as Special Assistant at Shakti Nagar

branch since 18.11.2006. He was connected with trade union

operating in the establishment of the management, but due

to serveral reasons during the course of time downsized

the union activities. Since his transfer to Shakti Nagar

branch, the Senior Manager, Shri S.K. Panda alongwith

others were deliberately targeting the claimant under a

properly hatched conspiracy by the rival union leaders in

connivance with other officials of the branch. Shri R.K.

Arora, the General Manager was also informed about the

conspiracy as well as the harassment caused to him.

3. The claimant requested for a change of seat as he

did not want to work with Shri Joginder Singh, who was in

the habit of not doing his duty, using abusive language and

also physically manhandling staff. He faced insubordination

and misbehaviour at the hands of Shri Joginder Singh. The

Senior Manager, Shri Panda colluded with the others in

order to frame him in serious charges.

4. On 05.03.2007, while distributing the wedding card of

his daughter at the branch, he heard Joginder Singh

abusing him. When confronted, Shri Joginder hit the

claimant with a stick and injured his two fingers. Later on,

Shri Joginder was asked to leave the branch at around

noon. On 06.03.2007, the claimant requested that he be

allowed to mark his attendance on 05.03.2007. It was initially

allowed by the Senior Manager, but had not authenticated

it. The Chief Manager also refused to authenticate it, hence

he struck off his signature in the presence of the Manager.

Hence, he was charge sheeted for refusal of work and for

having tampered bank records. The Enquiry Officer was

based against him. During the enquiry proceedings, he was

not given reasonable opportunity to defend the charges.

The enquiry was not counducted in a fair and proper manner

and is ultra-vires, illegal, unconstitutional, malafide with

ulterior motive. Order dated 12.04.2008 imposing

punishment of 'Bringing down to a lower stage in scale

of pay by one stage for a period of one year without

cumulative effect' has been passed by the Disciplinary

Authority without application of mind.

5. Demurral was made by the management pleading

that the dispute has not been properly espoused and is

also barred on the grounds of delay and latches. The

claimant was posted as Special Assistant at Shakti Nagar

branch from 18.11.2006 to 23.03.2013. On 05.03.2007,

when the claimant was allotted work, he informed the

Senior Manager that he was proceeding on leave. On the

said date, at about 11.30 a.m. a quarrel broke out between

the claimant and Shri Joginder Singh, sub-staff, which

affected the normal functioning of the bank. An

investigation was ordered and it was observed that the

claimant refused to work on the allotted seat, picked up a

quarrel with Shri Joginder Singh in the branch premises

and also tampered with bank's record by signing the

attendance register, cutting/striking the leave mark by the

Senior Manager in the register. Based on the report of

the Investigating Offical, explanation of the claimant were

called, which was not found satisfactory. Hence charge

sheet dated 12.10.2007 was served on him. Departmental

enquiry was constituted against him and based on findings

of the Enquiry Officer, punishment of 'brought down to a

lower stage in scale of pay by one stage for a period of

one year without cumulative effect' was imposed upon

him by the Disciplinary Authority. Management pleads

that the enquiry was held in a just and fair manner and

punishment was imposed in accordance with provisions

of Canara Bank Service Code and keeping in mind the

gravity of charges leveled against the claimant. Prayer has

been made that the claim may be brushed aside.

6. On persual of pleadings, following issues were

settled:

(1) Whether dispute has not acquired status of an

industrial dispute for want espousal by a union

or by considerable number of workmen in the

establishemt of the management?

(2) Whether delay of above five years in raising the

dispute frustrates the claim?

(3) Whether enqury conducted by the management

is just, fair and proper?

(4) As in terms of reference

Issue Nos. 1 and 3 were treated as preliminary issues.

The claimant examined himself in support of his claim

on the preliminary issue. Management filed affidavit of

Shri M.M. Sharma as evidence and the case was listed for

testimony of the management witness. In the meanwhile,

Shri chhoker moved an application on 15.12.2014 for

withdrawal of his case on health grounds as well as him

impending retirement on 31.12.2014.

7. Since the workman himself is interested in

withdrawing his case, no fruitful purpose will be served

by continuing the present proceedings. As such, this

Tribunal is left with no choice, except to pass a 'No

Dispute/Claim' award. Let this award be sent to the

appropriate Government, as required under Section 17 of

the Industrial Disputes Act 1947, for publication.

A.C. DOGRA, Presiding Officer

Dated: July 30, 2015.

ubZ fnYyh] 14 vxLr] 2015

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[la- ,y&12012@203@2013&vkbZ vkj ¼ch&II)]

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¹Hkkx IIó[k.M 3(ii)º

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3435

New Delhi, the 14th August, 2015

S.O. 1635.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 02/2004)

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

Kolkata as shown in the Annexure, in the industrial dispute

between the management of Bank of India and their

workmen, received by the Central Government on

14/08/2015.

[No. L-12012/203/2013-IR(B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL AT KOLKATA

Reference No. 02 of 2004

Parties: Employers in relation to the management

of Bank of India

AND

Their workmen.

Present: Justice Dipak Saha Ray

....Presiding Officer

Appearance:

On behalf of the

:

Mr. R.N. Majumder, Ld. Counsel.

Management

On behalf of the

:

Mr. M.S. Dutta, Ld. Counsel.

Workmen

State: West Bengal.

Industry: Banking.

Dated: 3rd August, 2015

AWARD

By Order No.L-12012/203/2003-1R(B-II) dated

30.01.2003 the Government of India, Ministry of Labour

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

of the Industrial Disputes Act, 1947 referred the following

dispute to this Tribunal for adjudication:

"Whether the action of the management of Bank of

India in dismissing Shri Subal Das, Ex-Sweeper from

service is legal and justified? lf not, what relief Shri

Subal Das is entitled to?'

2. The case of the workman, in short, is as follows:

The concerned workman was a permanent sub-staff

Sweeper of the Bank of India, Nabapally Branch. He also

used to perform the job of Cash Peon in addition to his

duties. It is alleged that without serving any notice the

management Bank imposed punishment of dismissal on

the allegation that he committed theft on 29.06.1999 by

removing one bundle consisting of ten packets of Rs. 500

denomination currency notes amounting to Rupees five

lac from the currency chest situated on the ground floor

of Nabapally Branch of the Bank. It is alleged that the

workman was not given reasonable opportunity to defend

himself and that he was denied to cross-examine the

prosecution witness and that the principles of natural

justice was violated in holding the domestic enquiry. It is

further alleged that the domestic enquiry on the basis of

which management imposed punishment of dismissal, was

not legal, valid and proper. Accordingly, it is prayed that

the order of dismissal passed by the management may be

set aside.

3. The management has opposed the case of the

workman by filing written statement contending inter-allia

that while performing job in Currency Chest at Nabapally

Branch of Bank of India, the workman taking advantage of

temporary absence of Currency Chest Officer on 29.06.1999,

committed theft by removing one bundle consisting of

Rs. 500 denomination notes amounting to Rupees five lac

from the currency chest. Subsequently he admitted the

said incident and led the recovery of entire money. The

workman also made confessional statements on 02.07.1999

and also on 05.07.1999. Thereafter enquiry was held by the

Enquiry Officer appointed by the Disciplinary Authority.

The enquiry was held on different dates and the concerned

workman was present on every date along with his defence

representative. During enquiry on 22.09.1999, the concerned

workman admitted the charge leveled against him.

Ultimately on 16.11.1999, the Enquiry Officer submitted his

report where the charge was found to have been

substantiated. The Disciplinary Authority accordingly

issued show-cause punishment notice. Ultimately order of

dismissal of the workman was passed. Against the said

order of dismissal, the workman preferred an appeal before

the Appellate Authority but he lost the appeal. Ultimately

industrial dispute was raised by the workman. Hence this

reference. It is contended that the enquiry was held in

accordance with the provisions of the Standing Orders

and bipartite settlement of the Bank and that fair

opportunities were given to the workman to defend his

case. Natural justice was also extended to him at every

stage of domestic enquiry. The management has, thus,

prayed that the instant reference may be answered in the

affirmative.

4. The concerned workman has examined himself in order

to prove his case. He has not produced any document in

support of his case.

5. On the other hand, management in support of its

case, has examined two witnesses and proved documents

marked Exts. M-01 to M-05 (Ext. M-04 includes ME-01

to ME-10).

6. In this case the first issue of the reference to be

decided is whether the dismissal of Shri Subal Das

(ex-Sweeper) from service is legal and justified.

3436

THE GAZETTE OF INDIA : AUGUST 15, 2015/SRAVANA 24, 1937

[PART II—SEC. 3(ii)]

Admittedly the management dismissed the said workman

from service after holding domestic enquiry against him.

It is the contention of the workman that the domestic

enquiry was not proper and valid as natural justice was

not extend to him during such enquiry and that he was not

given opportunity to cross-examine the witness and

thereby denied the opportunity to defend his case. It is

also alleged that the findings of the enquiry was not based

on evidence. The management has opposed the above

contentions of the workman.

7. In view of such contention and counter contention

of the parties, it is the duty of the Tribunal to ascertain as

to whether or not the domestic enquiry held against the

workman was valid and proper.

8. From the order dated 2.03.2015 it is evident that after

hearing both sides and after considering the evidence on

record this Tribunal has come to the conclusion that the

report of the Enquiry Officer is legal, valid and proper as

the same was prepared after observing all the rules and

formalities of the enquiry.

9. It is submitted on behalf of the workman that the

statements of Tarit Kumar Das and Pranab Kumar Goswami

which were recorded before holding the domestic enquiry,

go to show that money in question was recovered from the

2nd drawer of Tarat Kumar Das and as such the said

statements cast a cloud of doubt about genuineness of

the confessional statement of the workman.

10. It is also submitted that the workman has made

scapegoat by the management in order to save the officers

concerned who were actually involved in the crime.

In this connection the Ld. Counsel has pointed out the

statements of the said persons, namely, Tarit Kumar Das

and Pranab Kumar Goswami (Ext. M-04).

11. Perused the statements of the said two officers of

the Bank/management with reference to the confessional

statements of the delinquent workman made on

02.07.1999 and 05.07.1999.

It appears that the confessional statements of the

workman corroborate the said two statements of the bank

officers. The confessional statements go to show that the

workman at first kept eight (8) bundles of currency notes

on the top of the Almirah and before leaving the Bank he

kept the same in the 2nd drawer of the counting table.

Subsequently, when Shri Das went to that table for

recounting, he noticed the said 8 bundles currency notes

in that drawer. The evidence on record does not go to show

that the said recounting table was exclusively used by Shri

Das and nobody were/are allowed to use that table.

Moreover, it appears from the statements of Pranab

Kumar Goswami and other persons (Ext. M-04) that the

concerned workman led the recovery of the remaining

rupees one lac which he kept concealed in the house of

his relative.

12. In this case on the basis of the confessional

statements and the statements of other persons, charge

was framed against the workman and that charge of theft

was admitted by the workman. Considering the above facts

and circumstances Enquiry Officer found the workman

guilty of the charge and submitted report to that effect, it

was never alleged from the side of the workman that the

said confessional statements were obtained under

coercion and threat and that he never led any recovery of

rupees one lac.

Moreover, no question of victimization or unfair labour

practice or management having bias against the workman

can arise once it is held that the findings of misconduct

alleged against the workman were properly arrived at and

the domestic enquiry was in no way vitiated.

13. Since it has been decided that the domestic enquiry

held against the concerned workman is valid and since

the said order has not been challenged by any of the parties,

the workman has no right to agitate that the charge framed

against him is false as he had no scope to commit theft of

currency notes in presence of his officers who were

supposed to be present in the currency chest when the

same was opened for counting and other purpose. So it

appears that the domestic enquiry was valid and the

findings of the enquiry were not perverse.

14. In this case, the workman was dismissed from

service as the charge of theft against him was proved in

the domestic enquiry. From the said action of the

management it may reasonably be presumed that the

management/Bank which deals with the public money, lost

confidence in the workman due to the lack of his integrity

and honesty. Such distrust of the management cannot be

brushed aside under the carpet because in the banking

business absolute devotion, diligence, integrity and

honesty needs to be preserved by every bank employee. It

is not observed, the confidence of the public/depositors

would be impaired. So, theft by an employee of the Bank

is the theft of public money and must be treated

differently. Such misconduct cannot be treated lightly.

15. By referring three decisions reported in 1973-I-

LLJ 278; 2001-II-LLJ 1259 and 2010-III-LLJ 500 it has

been submitted on behalf of the workman that after

incorporation of Section 11A in the Industrial Disputes

Act, 1947 this Tribunal is entitled to hold that even if the

misconduct is proved, the punishment of dismissal is not

justified.

16. It is well settled that before the insertion of Section

11A, the Tribunal could interfere with the quantum of

punishment only where punishment was shockingly

disproportionate with the gravity of misconduct

committed by the delinquent workman because that could

lead to the inference of rnalafides but now it has the

jurisdiction to interfere with the punishment, the tribunal

has only to see whether the punishment imposed by the

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 15] [email protected] 24] 1937

3437

employer is commensurate with the gravity of the act of

misconduct. If it comes to the conclusion that the

misconduct is proved, it may still hold that punishment is

not justified because the misconduct alleged and proved

is such as does not warrant the punishment of discharge

of dismissal and where necessary, set aside the order of

discharge or dismissal and direct reinstatement with or

without any terms or conditions as it thinks fit, or give

any other relief including the ward of punishment in lieu

of discharge or dismissal as the circumstances of the case

may warrant.

But, in this case it has already been discussed that

major misconduct i.e., theft of public money has been

proved against the bank employee. So it cannot be said

that the punishment is not justified because of misconduct

alleged and found proved is such that it does not warrant

dismissal or discharge.

17. The Ld. Counsel for the workman has referred three

decisions reported in 1989-I-71; 2000-11-LLJ1599 and

2006-II-LLJ 401 and submitted that the workman should

be given opportunity to reform himself and prove to be

loyal and disciplined employee.

18. It has already been pointed out that charge of theft

in respect of public money has been established against

the bank employee and it appears that the management

dismissed him from service as it lost confidence in the said

employee on apprehension that he could commit such

offence again in future, if he was allowed to continue the

job.

19. In this context it is desirable to mention the

decision reported in (2006) 5 S.C.C. 201 where the

Hon'ble Supreme Court has held that:

"If the enquiry is fair and proper then in the absence of

any allegation of victimization or unfair labour practice

the Labour court has no power to interfere with the

punishment imposed. Section 11-A of the industrial

Disputes Act, 1947 gives ample power to the Labour court

to reappraise the evidence adduced in the enquiry and also

sit in appeal over the decision of the employer in imposing

punishment.............................."

It has also been held in a decision reported in (2000) 7

S.C.C. 517 that

"After finding that charges against the workman for

breach of trust and misappropriation of funds

entrusted to them for the value mentioned in the

charge-sheet had been established, the Labour Court

materially erred in setting aside the order passed

by the management removing the workmen

concerned from service and reinstating them with

25% back wages. Once an act of misappropriation

is proved, may be for small or large amount, there

is no question of showing uncalled for sympathy

and reinstating the employees in service.

In case of proved misappropriation, there is no

question of considering the past record. It is the

discretion of the employer to consider the same in

appropriate cases, but the Labour Court cannot

substitute the penalty imposed by the employer in

such cases."

The Hon'ble Supreme Court has also observed in a

decision reported in (2006) 12 S.C.C. 554 that:

"We find that the Labour Court has found the enquiry

to be fair and proper. The conduct highlighted by the

management and established in enquiry was certainly of a

very grave nature. The Labour Court and High Court had

not found the misconduct was of any minor nature. On

the contrary, the finding on facts that the act complained

of has not been disturbed. That being so, the leniency

shown by the Labour Court is certainly unwarranted and

would in fact, encourage indiscipline. Without indicating

any reason as to why it was felt that the punishment was

disproportionate, the Labour Court should not have passed

the order in the manner done...."

20. Considering the above facts and circumstances and

the nature and gravity of the offence and in view of the

decisions of the Hon'ble Supreme Court I do not find any

reason to interfere with the decision of the management/

Bank in dismissing the concerned workman.

21. Accordingly the instant reference is answered in

the affirmative and the concerned workman is not entitled

to get any relief whatsoever.

Dated, Kolkata,

The 3rd August, 2015.

JUSTICE DIPAK SAHA RAY, Presiding Officer

Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-110064

and Published by the Controller of Publications, Delhi-110054.