foÙk ea=ky;

¼foÙkh; lsok,a foHkkx½

ubZ fnYyh] 11 flrEcj] 2015

dk-vk- 1812-—foÙkh; vkfLr;ksa dk izfrHkwfrdj.k ,oa iquxZBu

rFkk izfrHkwfr fgr dk izorZu vfèfu;e] 2002 dh èkjk 21 dh mi&èkjk

1 ds rgr iznÙk 'kfDr;ksa dk iz;ksx djrs gq,] dsUnzh; ljdkj] ,rn~n~okjk]

Jh v'kksd dqekj jYgu dks laifÙk;ksa ij l`ftr izfrHkwfr] foÙkh; vkfLr;ksa

ds iquxZBu rFkk izfrHkwfr fgr ds varj.kksa ds iathdj.k ds iz;kstu ls

65000&78000@&#i, ds osrueku esa muds iznHkkj xzg.k djus dh

rkjh[k ls rhu o"kZ dh vofè ds fy, vFkok muds vfèof"kZrk dh vk;q

izkIr djus rd vFkok vxys vkns'kksa rd] tks Hkh igys gks] Hkkjrh;

izfrHkwfrdj.k] ifjlaifÙk iqufuZekZ.k vkSj izfrHkwfr LoRo dh dsUnzh; jftLVªh

¼lhbZvkj,l,vkbZ½ ds iath;d ,oa izca/k funs'kd rFkk eq[; dk;Zikyd

vf/kdkjh ¼dsUnzh; iath;d½ ds in ij fu;qDr djrh gSA

[Qkñlañ 3@5@2014&fjdojh]

oh-oh-,l- [kM+k;r] voj lfpo

MINISTRY OF FINANCE

(Department of Financial Services)

New Delhi, the 11th September, 2015

S.O. 1812.—In exercise of the powers conferred under

sub-section 1 of section 21 of the Securitisation and

Reconstruction of Financial Assets and Enforcement of

Security Interest Act, 2002, the Central Government hereby

appoints Shri Ashok Kumar Ralhan, as Registrar and

Managing Director and Chief Executive Officer (Central

Registrar), Central Registry of Securitisation Asset

Reconstruction and Security Interest of India (CERSAI),

in the pay scale of Rs. 65000-78000/-, for the purpose of

registration of transactions relating to securitisation,

reconstruction of financial assets and security interest

created over the properties, for a period of 3 years with

effect from the date of assumption of charge or till he

attains the age of superannuation or until further orders,

whichever is the earliest.

[F. No. 3/5/2014-Recovery]

V.V.S. KHARAYAT, Under Secy.

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

REGD. NO. D. L. (N) 04/0007/2003—05

izkf/dkj ls izdkf'kr

PUBLISHED BY AUTHORITY

lkIrkfgd

WEEKLY

la- 38]

ubZ fnYyh] flrEcj 13—flrEcj 19] 2015] 'kfuokj@Hkkæ 22—Hkkæ 28] 1937

No. 38]

NEW DELHI, SEPTEMBER 13—SEPTEMBER 19, 2015, SATURDAY/BHADRA 22—BHADRA 28, 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)

3790 GI/2015

(3785)

3786

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

ubZ fnYyh] 14 flrEcj] 2015

dk-vk- 1813-—chek fofu;ked vkSj fodkl izkfèdj.k

vfèfu;e] 1999 ¼1999 dk 41½ dh èkjk 4 n~okjk iznÙk 'kfDr;ksa

dk iz;ksx djrs gq,] dsUnzh; ljdkj] ,rr~}kjk] Jh vkyksd VaMu]

la;qDr lfpo] foÙkh; lsok,a foHkkx] foÙk ea=ky; dks Jh vuwi oèkou

ds LFkku ij rRdky izHkko ls vFkok vxys vkns'k gksus rd Hkkjrh;

chek fofu;ked vkSj fodkl izkfèdj.k ds va'kdkfyd lnL; ds

:i esa fu;qDr djrh gSA

[Qkñlañ 11@6@2003&chek&III ¼vkaf'kd QkbZy½]

,uñ Jhfuokl jko] funs'kd ¼chek½

New Delhi, the 14th September, 2015

S.O. 1813.—In exercise of the powers conferred by

Section 4 of the Insurance Regulatory and Development

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

hereby apoints Shri Alok Tandon, Joint Secretary,

Department of Financial Services, Ministry of Finance as

part-time member of the Insurance Regulatory and

Development Authority of India with immediate effect and

until further orders vice Shri Anup Wadhwan.

[F.No. 11/6/2003-Ins.III (Part file)]

N. SRINIVASA RAO, Director (Insurance)

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

¼dkfeZd vkSj izf'k{k.k foHkkx½

ubZ fnYyh] 14 flrEcj] 2015

dk-vk- 1814-—dsUnz ljdkj ,r~nr}kjk fnYyh fo'ks"k iqfyl

LFkkiuk vfèfu;e] 1946 ¼1946 dk vfèfu;e la[;k 25½ dh

èkjk 6 ds lkFk ifBr èkjk 5 dh mi&èkjk ¼1½ }kjk iznÙk 'kfDr;ksa dk

iz;ksx djrs gq, gfj;k.kk jkT; ljdkj] x`g foHkkx] paMhx< ds fnukad

28-8-2015 dh vfèlwpuk lañ 20@10@2015&3 ,pthñ I }kjk izkIr

lgefr ls iqfyl LVs'ku ekuslj] ftyk xqMxkao esa Hkkñnñ lafgrk dh

èkjk 420] 465] 467] 468] 471 vkSj 120& ch rFkk Hkz"Vkpkj fuokj.k

vfèfu;e 1988 dh èkjk 13 ds rgr ntZ ,QvkbZvkj lañ 510

fnukad 12-08-2015 rFkk muls lacafèr vijkèksa] nq"izsj.kkvksa vkSj

"kM~;a=ksa ;k mlh laO;ogkj ds Hkkx ds :i esa fd, x, vFkok mUgha rF;ksa

ls mRiUu vijkè ;k vijkèksa ,oa mi;qZDr vijkèksa esa fd, x, iz;klksa]

nq"izsj.kkvksa vkSj "kM~;a=ksa rFkk mlh laO;ogkj esa fd, x, vFkok mUgha

rF;ksa ls mRiUu fdlh vU; vijkè ;k mijkèksa ls lacafèr tkap ds

fy, fnYyh fo'ks"k iqfyl LFkkiuk ds lnL;ksa dh 'kfDr;ksa vkSj {ks=kfèdkj

dk foLrkj leLr gfj;k.kk jkT; esa djrh gSA ;g fnukad 01-09-2015

dh Qkby la[;k 228@39@2015&,ohMh&II }kjk tkjh dh xbZ vfèlwpuk

ds vfèØe.k esa gSA

[Qkñlañ 228@39@2015&,ohMh&II]

vthr dqekj] voj lfpo

MINISTRY OF PERSONNEL, PUBLIC

GRIEVANCES AND PENSIONS

(Department of Personnel and Training)

New Delhi, the 14th September, 2015

S.O. 1814.—In exercise of the powers conferred under

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

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

the Central Government with the consent of the Notification

No. 20/10/2015-3 HG-I dated 28.8.2015 hereby extends the

powers and jurisdiction of the members of the Delhi Special

Police Establishment to the whole of the State of Haryana

for investigation of FIR No. 510 dated 12.8.2015 u/s 420,

465, 467, 468, 471 and 120-B IPC and section 13 of the

Prevention of Corruption Act, 1988, Police Station Manesar,

Distt, Gurgaon and attempts, abetments and conspiracies

in relation to or in connection with the offences mentioned

above and any other offence or offences committed in the

course of the same transaction or arising out of the same

facts. This is in supersession of previous notification issued

vide File No. 228/39/2015-AVD II dated 01.09.2015.

[F.No. 228/39/2015-AVD-II]

AJIT KUMAR, Under Secy.

ubZ fnYyh] 15 flrEcj] 2015

dk-vk- 1815-—dsUnz ljdkj] naM izfØ;k lafgrk 1973¼1974

dk 2½ dh èkjk 24 dh mi&èkjk ¼8½ }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs

gq, dsUnzh; vUos"k.k C;wjks ds vfHk;kstu vfèdkjh Jh foihu dqekj dks

fnYyh fo'ks"k iqfyl LFkkiu }kjk fopkj.k U;k;ky;ksa esa vkjaHk fd, x,

ekeyksa vkSj vihyksa] la'kksèuksa ;k fdlh jkT; ;k la?k 'kkflr {ks= esa fofè

}kjk LFkkfir la'kksèu U;k;ky; ;k vihy U;k;ky; ftlds fy, mDr

èkjk ds izkoèku ykxw gksasxs] esa bu ekeyksa ls mRiék gksus okys vU; ekeyksa

ds lapkyu ds fy, fo'ks"k lkoZtfud vfHk;ksDrk fu;qDr djrh gSA

[lañ 225@16@2015&,ohMh&II]

vthr dqekj] voj lfpo

New Delhi, the 15th September, 2015

S.O. 1815.—In exercise of the powers conferred by

sub-section (8) of section 24 of Code of Criminal Procedure,

1973 (2 of 1974), the Central Government hereby apoints

Shri Vipin Kumar, Prosecuting Officer of Central Bureau of

Investigation as Special Public Prosecutor for the conduct

of cases instituted by the Delhi Special Police Establishment

in trial courts and appeals, revisions or other matters arising

out of these cases in Court of revision or Court of appeal,

established by law in any State or Union Territory to which

the provisions of the said section apply.

[F.No. 225/16/2015-AVD-II]

AJIT KUMAR, Under Secy.

jsy ea=ky;

¼jsyos cksMZ½

ubZ fnYyh] 17 flrEcj] 2015

dk-vk- 1816-—jsy ea=ky; ¼jsyos cksMZ½] jktHkk"kk fu;e 1976

¼la?k ds 'kkldh; iz;kstuksa ds fy, iz;ksx½ ds fu;e 10 ds mifu;e

¼2½ vkSj ¼4½ ds vuqlj.k esa nf{k.k iwoZ e/; jsyos ds LokLF; dsUnz]

brokjh] ukxiqj eaMy rFkk LVs'ku izcaèd ¼jktif=r½] jk;iqj LVs'ku

dk;kZy;] jk;iqj eaMy] tgka 80 izfr'kr ls vfèd vfèdkfj;ksa@

deZpfkj;ksa us fganh dk dk;Zlkèd Kku izkIr dj fy;k gS] dks ,rn}kjk

vfèlwfpr djrk gSA

[lañ fgUnh&2015@jk-Hkk-&1@12@2]

ds- ih- lR;kuanu] funs'kd] jktHkk"kk

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3787

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

¼miHkksDrk ekeys foHkkx½

¼Hkkjrh; ekud C;wjks½

ubZ fnYyh] 26 vxLr] 2015

dk-vk- 1817-—Hkkjrh; ekud C;wjks ¼izek.ku½ fofu;e 1988 ds fofu;e 6 ds mifofu;e ¼3½ ds vuqlj.k esa Hkkjrh; ekud C;wjks

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

vuqlwph

Hkkjrh;

Hkkx

vuqHkkx

o"kZ

mRikn

bdkbZ

U;wure eqgjkadu 'kqYd

bdkbZ nj lySc esa

'ks"k

izpkyu

ekud

cM+s iSekus

NksVs iSekus

lySc 1

bdkbZ;ka

frfFk

la[;k

ij

ij

¼#½

902

&

&

1992

vfXu 'keu dk;ks± ds fy,

,d

64200-00

51400-00

11-00

lHkh

&

28-7-2015

pw"ku gkst ;qXeu&fof'k"V

ihl

[lanHkZ% lh,eMh&II/16%902]

lhñdsñ egs'ojh] oSKkfud th ,oa miegkfuns'kd ¼izek.ku½

MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION

(Department of Consumer Affairs)

(BUREAU OF INDIAN STANDARDS)

New Delhi, the 26th August, 2015

S.O. 1817.—In pursuance of sub-regulation (3) of regulation 6 of the Bureau of Indian Standards (Certification)

Regulations 1988, the Bureau of Indian Standards, hereby notifies the Marking Fee for the product given in the schedule.

SCHEDULE

IS No.

Part

Sec

Year

Product

Units

Minimum

Marking Fee Unit

Units

Remain-

Effective

Large

Small

Rate

in

iing

Date

Scale

Scale

Slab-1

Slab-1

902

—

—

1992

Suction Hose Couplings

1 No.

64200.00

51400.00

11.00

All

— 28-07-2015

for fire fighting purposes-

specification

[Ref.: CMD-2/16:902]

C.K. MAHESHWARI, Sc. G & DDG (Certification)

ubZ fnYyh] 27 vxLr] 2015

dk-vk- 1818-—Hkkjrh; ekud C;wjks ¼izek.ku½ fofu;e 1988 ds fofu;e 6 ds mifofu;e ¼3½ ds vuqlj.k esa Hkkjrh; ekud C;wjks

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

MINISTRY OF RAILWAYS

(RAILWAY BOARD)

New Delhi, the 17th September, 2015

S.O. 1816.—Ministry of Railways (Railway Board) in

pursuance of Sub Rule (2) and (4) of Rule 10 of the Official

Language Rules, 1976 (use for the Official purposes of the

Union) hereby, notify the Health Unit, Itwari, Nagpur

Division and office of Station Manager (Gazetted), Raipur

Station, Raipur Division of South East Central Railway,

where 80% or more Officers/Employees have acquired the

working knowledge of Hindi.

[No. Hindi-2015/OL-1/12/2]

K. P. SATHYANANDAN, Director(OL)

3788

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

vuqlwph

Hkkjrh;

Hkkx

vuqHkkx

o"kZ

mRikn

bdkbZ

U;wure eqgjkadu 'kqYd

bdkbZ nj lySc esa

'ks"k

izpkyu

ekud

cM+s iSekus

NksVs iSekus

lySc 1

bdkbZ;ka

frfFk

la[;k

ij

ij

¼#½

952

&

&

2012

Qk;j fczxzsM esa iz;ksx gksus okys

,d

56000-00

44800-00

8-80

lHkh

&

28-7-2015

Qkx ukSty&fof'k"V

ihl

[lanHkZ% lh,eMh&II/16% 952]

lhñdsñ egs'ojh] oSKkfud th ,oa miegkfuns'kd ¼izek.ku½

New Delhi, the 27th August, 2015

S.O. 1818.—In pursuance of sub-regulation (3) of regulation 6 of the Bureau of Indian Standards (Certification)

Regulations 1988, the Bureau of Indian Standards, hereby notifies the Marking fee for the product given in the schedule.

SCHEDULE

IS No.

Part

Sec

Year

Product

Units

Minimum Marking Fee

Unit

Units

Remain-

Effective

Large

Small

Rate

in

ing

Date

Scale

Scale

Slab-1

Slab-1

952

—

—

2012

Fog Nozzle for

1 No.

56000.00

44800.00

8.80

All

—

28-07-2015

Fire Brigade

use-Specification

[Ref.: CMD-2/16 : 952]

C.K. MAHESHWARI, Sc. G & DDG (Certification)

ubZ fnYyh] 27 vxLr] 2015

dk-vk- 1819-—Hkkjrh; ekud C;wjks ¼izek.ku½ fofu;e 1988 ds fofu;e 6 ds mifofu;e ¼3½ ds vuqlj.k esa Hkkjrh; ekud C;wjks

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

vuqlwph

Hkkjrh;

Hkkx

vuqHkkx

o"kZ

mRikn

bdkbZ

U;wure eqgjkadu 'kqYd

bdkbZ nj lySc esa

'ks"k

izpkyu

ekud

cM+s iSekus

NksVs iSekus

lySc 1

bdkbZ;ka

frfFk

la[;k

ij

ij

¼#½

907

&

&

1984

vfXu 'keu iz;kstukFkZ

,d

61000-00

48800-00

6-40

lHkh

&

28-7-2015

csyukdkj izdkj ds lWd'kWu

ihl

LVªsuj dh fof'kf"V&¼nwljk iqujh{k.k½

[lanHkZ% lh,eMh&II/16 % 907]

lhñ dsñ egs'ojh]oSKkfud th ,oa miegkfuns'kd ¼izek.ku½

New Delhi, the 27th August, 2015

S.O. 1819.—In pursuance of sub-regulation (3) of regulation 6 of the Bureau of Indian Standards (Certification)

Regulations 1988, the Bureau of Indian Standards, hereby notifies the Marking fee for the product given in the schedule.

SCHEDULE

IS No.

Part

Sec

Year

Product

Units

Minimum Marking Fee

Unit

Units

Remain-

Effective

Large

Small

Rate

in

ing

Date

Scale

Scale

Slab-1

Slab-1

907

—

—

1984

Specification for Suction

1 No.

61000.00

48800.00

6.40

All

—

28-07-2015

Strainers, Cylindrical type

for fire fighting purposes

[Ref.: CMD-2/16:907]

C.K. MAHESHWARI, Sc.G&DDG (Certification)

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3789

dks;yk ea=ky;

ubZ fnYyh] 17 flrEcj] 2015

dk-vk- 1820-—dks;yk èkjd {ks= ¼vtZu vkSj fodkl½

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

vfèfu;e dgk x;k gS½ dh èkjk 9 dh mi&èkjk ¼1½ ds vèhu tkjh

Hkkjr ljdkj ds dks;yk ea=ky; dh vfèlwpuk la[;kad dkñ vkñ 13

¼v½] rkjh[k 30 fnlEcj] 2014 tks Hkkjr ds jkti=] vlkèkj.k] Hkkx

II, [kaM 3] mi&[kaM ¼ii½] rkjh[k 01 tuojh] 2015 esa izdkf'kr dh xbZ

Fkh] mDr vfèlwpuk ls layXu vuqlwph esa of.kZr Hkwfe ¼ftls blesa blds

i'pkr~ mDr Hkwfe dgk x;k gS½ esa [kfut ds [kuu] [knku] cksj djus]

mudh [kqnkbZ djus vkSj [kfutksa dks izkIr djus ds fy, ryk'k djus] mu

ij dk;Z djus vkSj mUgsa ys tkus ds fy, vfèdkj] mDr vfèfu;e dh

èkjk 10 dh mi&èkjk ¼1½ ds vèhu] lHkh foYyaxeksa ls eqDr gksdj]

vkR;afrd :i ls dsUnzh; ljdkj esa fufgr gks x, gSa(

vkSj dsUnzh; ljdkj dk ;g lekèku gks x;k gS] fd lsaVªy

dksyQhYM~l fyfeVsM] jkaph] >kj[kaM ¼ftls blesa blds i'pkr~ ljdkjh

dEiuh dgk x;k gS½] ,sls fucaèuksa vkSj 'krks± dk ftUgsa dsUnzh; ljdkj

bl fufeRr vfèjksfir djuk mfpr le>s] vuqikyu djus ds fy,

jtkean gS(

vr% vc] dsUnzh; ljdkj] mDr vfèfu;e dh èkjk 11 dh

mi&èkjk ¼1½ }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs gq,] ;g funs'k nsrh

gS] fd bl izdkj fufgr mDr Hkwfe esa ;k ml ij ds lHkh vf/kdkj

dsUnzh; ljdkj esa bl izdkj fufgr cus jgus ds ctk,] rkjh[k 1

tuojh] 2015 ls fuEufyf[kr fucaèuksa vkSj 'krks± ds vèhu jgrs gq,

ljdkjh daiuh esa fufgr gks tk,axs] vFkkZr~%&

1- ljdkjh daiuh] mDr vfèfu;e ds micaèksa ds vèhu ;Fkk

voèkfjr izfrdj] C;kt] uqdlkfu;ksa vkSj oSlh gh enksa dh ckcr~

fd, x, lHkh lank;ksa dh dsUnzh; ljdkj dks izfriwfrZ djsxh(

2- 'krZ ¼1½ ds vèhu] mDr ljdkjh daiuh }kjk dsUnzh; ljdkj

dks lans; jdeksa dk voèkj.k djus ds iz;kstuksa ds fy, mDr vfèfu;e

dh èkjk 14 ds vèhu ,d vfèdj.k dk xBu fd;k tk,xk rFkk ,sls

fdlh vfèdj.k vkSj ,sls vfèdj.k dh lgk;rk djus ds fy, fu;qDr

O;fDr;ksa ds lacaè esa mixr lHkh O;;] mDr ljdkjh daiuh }kjk ogu

fd, tk,axs vkSj blh izdkj] bl izdkj fufgr mDr Hkwfe esa] ds vfèdkjksa

ds fy, ;k muds lacaè esa vihy vkfn lHkh fofèd dk;Zokfg;ksa dh

ckcr mixr] lHkh O;; Hkh] ljdkjh daiuh }kjk ogu fd, tk,axs(

3- ljdkjh daiuh] dsUnzh; ljdkj ;k mlds inèkfj;ksa dh] ,sls

fdlh vU; O;; ds lacaè esa {kfriwfrZ djsxh tks bl izdkj fufgr mDr

Hkwfe esa ds iwoksZDr vfèdkjksa ds ckjs esa] dsUnzh; ljdkj ;k mlds inèkfj;ksa

}kjk ;k muds fo#) fdUgha dk;Zokfg;ksa ds lacaè esa vko';d gks(

4- ljdkjh daiuh ds ikl dsUnzh; ljdkj ds iwoZ vuqeksnu ds

fcuk] mDr Hkwfe;ksa esa bl izdkj fufgr iwoksZDr vfèdkjksa dks fdlh

vU; O;fDr dks varfjr djus dh 'kfDr ugha gksxh( vkSj

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

dsUnzh; ljdkj }kjk] tc dHkh vko';d gks] mDr Hkwfe ds fof'k"V

{ks=ksa ds fy, fn, tk,a ;k vfèjksfir fd, tk,aA

[Qkñ lañ 43015@8@2013&ihvkjvkbZMCY;w&I]

lqthr dqekj] voj lfpo

MINISTRY OF COAL

New Delhi, the 17th September, 2015

S.O. 1820.—Whereas on the publication of the

notification of the Government of India in the Ministry of

Coal, Number S.O. 13 (E), dated the 30th December, 2014,

published in the Gazette of India, Extraordinary, Part II,

Section 3, Sub-section (ii), dated the 1st January, 2015,

issued under sub-section (1) of section 9 of the Coal Bearing

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

(hereinafter referred to as the said Act), the rights to mine,

quarry, bore, dig and search for win, work and carry away

minerals in the land described in the Schedule appended to

the said notification (hereinafter referred to as the said

land) are vested absolutely in the Central Government free

from all encumbrances under sub-section (1) of section 10

of the said Act;

And whereas, the Central Government is satisfied that

the Central Coalfields Limited, Ranchi, Jharkhand

(hereinafter referred to as the Government Company) is

willing to comply with such terms and conditions as the

Central Government thinks fit to impose in this behalf;

Now, therefore, in exercise of the powers conferred by

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

Government hereby directs that the all rights in or over the

said land so vested shall with effect from 1st January, 2015,

instead of continuing to so vest in the Central Government

shall vest in the Government Company, subject to the

following terms and conditions, namely:—

1. The Government Company shall reimburse to the

Central Government all payments made in respect of

compensation, interest, damages and the like, as determined

under the provisions of the said Act;

2. A Tribunal shall be constituted under section 14 of

the said Act, for the purpose of determining the amounts

payable to the Central Government by the said Government

Company under conditions (1) and all expenditure incurred

in connection with any such Tribunal and persons

appointed to assist the Tribunal shall be borne by the said

Government Company and similarly, all expenditure incurred

in respect of all legal proceedings like appeals, etc. for or in

connection with the rights, in the said land, so vested,

shall also be borne by the Government Company;

3. The Government Company shall indemnify the Central

Government its officials against any other expenditure that

may be necessary in connection with any proceedings by

3790

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

or against the Central Government or its officials regarding

the aforesaid rights in the land so vested;

4. The Government Company shall have no power to

transfer the aforesaid rights in the said lands so vested, to

any other persons without the prior approval of the Central

Government; and

5. The Government Company shall abide by such

directions and conditions as may be given or imposed by

the Central Government for particular areas of the said lands

as and when necessary.

[F.No. 43015/8/2013-PRIW-I]

SUJEET KUMAR, Under Secy.

ubZ fnYyh] 17 flrEcj] 2015

dk-vk- 1821-—dks;yk èkjd {ks= ¼vtZu vkSj fodkl½

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

vfèfu;e dgk x;k gS½ dh èkjk 9 dh mi&èkjk ¼1½ ds vèhu tkjh

Hkkjr ljdkj ds dks;yk ea=ky; dh vfèlwpuk la[;kad dkñvkñ

2562¼v½] rkjh[k 29 flrEcj] 2014] tks Hkkjr ds jkti=]

vlkèkj.k] Hkkx II] [kaM 3] mi[kaM (ii) rkjh[k 30 flrEcj] 2014 esa

izdkf'kr dh xbZ Fkh] mDr vfèlwpuk ls layXu vuqlwph esa of.kZr

Hkwfe ¼ftls blesa blds i'pkr~ mDr Hkwfe dgk x;k gS½ esa [kfut ds

[kuu] [knku] cksj djus] mudh [kqnkbZ djus vkSj [kfutksa dks izkIr

djus ds fy, ryk'k djus] mu ij dk;Z djus vkSj mUgsa ys tkus ds

fy, vfèdkj] mDr vfèfu;e dh èkjk 10 dh mi&èkjk ¼1½ ds

vèhu] lHkh foYyaxeksa ls eqDr gksdj] vkR;afrd :i ls dsUnzh;

ljdkj eas fufgr gks x, gSa(

vkSj dsUnzh; ljdkj dk ;g lekèku gks x;k gS] fd lsaVªy

dksyQhYM~l fyfeVsM] jkaph] >kj[kaM ¼ftls blesa blds i'pkr~ ljdkjh

daiuh dgk x;k gS½] ,sls fucaèuksa vkSj 'krks± dk ftUgsa dsUnzh; ljdkj

bl fufeÙk vfèjksfir djuk mfpr le>s] vuqikyu djus ds fy,

jtkean gS(

vr% vc] dsUnzh; ljdkj] mDr vfèfu;e dh èkjk 11 dh

mi&èkjk ¼1½ }kjk iznÙk 'kfDrksa dk iz;ksx djrs gq,] ;g funs'k nsrh gS]

fd bl izdkj fufgr mDr Hkwfe esa ;k ml ij ds lHkh vfèdkj dsUnzh;

ljdkj esa bl izdkj fufgr cus jgus ds ctk,] rkjh[k 30 flrEcj]

2014 ls fuEufyf[kr fucaèuksa vkSj 'krks± ds vèhu jgrs gq, ljdkjh

daiuh esa fufgr gks tk,axs] vFkkZr~%µ

1- ljdkjh daiuh] mDr vfèfu;e ds micaèksa ds vèhu ;Fkk

voèkfjr izfrdj] C;kt] uqdlkfu;ksa vkSj oSlh gh enksa dh

ckcr fd, x, lHkh lank;ksa dh dsUnzh; ljdkj dks izfriwfrZ

djsxh(

2- 'krZ ¼1½ ds vèhu] mDr ljdkjh daiuh }kjk dsUnzh; ljdkj

dks lans; jdeksa dk voèkj.k djus ds iz;kstuksa ds fy, mDr

vfèfu;e dh èkjk 14 ds vèhu ,d vfèdj.k dk xBu

fd;k tk,xk rFkk ,sls fdlh vfèdj.k vkSj ,sls vfèdj.k dh

lgk;rk djus ds fy, fu;qDr O;fDr;ksa ds lacaè esa mixr lHkh

O;;] mDr ljdkjh daiuh }kjk ogu fd, tk,axs vkSj blh

izdkj] bl izdkj fufgr mDr Hkwfe esa ds vfèdkjksa ds fy, ;k

muds lacaè esa vihy vkfn lHkh fofèd dk;Zokfg;kas dh ckcr

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

3- ljdkjh daiuh] dsUnzh; ljdkj ;k mlds inèkfj;ksa dh] ,sls

fdlh vU; O;; ds lacaè esa {kfriwfrZ djsxh tks bl izdkj

fufgr mDr Hkwfe esa ds iwoksZDr vfèdkjksa ds ckjs esa] dsUnzh;

ljdkj ;k mlds inèkfj;ksa }kjk ;k muds fo#) fdUgha

dk;Zokfg;ksa ds lacaè esa vko';d gks(

4- ljdkjh daiuh ds ikl dsUnzh; ljdkj ds iwoZ vuqeksnu ds

fcuk] mDr Hkwfe;ksa esa bl izdkj fufgr iwoksZDr vfèdkjksa dks

fdlh vU; O;fDr dks varfjr djus dh 'kfDr ugha gksxh( vkSj

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

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

fof'k"V {ks=ksa ds fy, fn, tk,a ;k vfèjksfir fd, tk,aA

[Qkñ lañ 43015@25@2012&ihvkjvkbZMCY;w&I]

lqthr dqekj] voj lfpo

New Delhi, the 17th September, 2015

S.O. 1821.—Whereas on the publication of the

notification of the Government of India in the Ministry of

Coal, Number S.O. 2562 (E), dated the 29th September, 2014,

published in the Gazette of India, Extraordinary, Part II,

Section 3, Sub-section (ii), dated the 30th Septemebr, 2014,

issued under sub-section (1) of section 9 of the Coal Bearing

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

(hereinafter referred to as the said Act), the rights to mine,

quarry, bore, dig and search for win, work and carry away

minerals in the land described in the Schedule appended to

the said notification (hereinafter referred to as the said land)

are vested absolutely in the Central Government free from all

encumbrances under sub-section (1) of section 10 of the

said Act;

And whereas, the Central Government is satisfied that

the Central Coalfields Limited, Ranchi, Jharkhand

(hereinafter referred to as the Government Company) is

willing to comply with such terms and conditions as the

Central Government thinks fit to impose in this behalf;

Now, therefore, in exercise of the powers conferred by

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

Government hereby directs that the all rights in or over the

said land so vested shall with effect from the 30th September,

2014, instead of continuing to so vest in the Central

Government shall vest in the Government Company, subject

to the following terms and conditions, namely:—

1. The Government Company shall reimburse to the

Central Government all payments made in respect of

compensation, interest, damages and the like, as

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3791

determined under the provisions of the said Act;

2. A Tribunal shall be constituted under section 14 of

the said Act, for the purpose of determining the

amount payable to the Central Government by the

said Government Company under conditions (1) and

all expenditure incurred in connection with any such

Tribunal and persons appointed to assist the Tribunal

shall be borne by the said Government Company

and similarly, all expenditure incurred in respect of all

legal proceedings like appeals, etc. for or in

connection with the rights, in the said land, so vested,

shall also be borne by the Government Company;

3. The Government Company shall indemnify the

Central Government its officials against any other

expenditure that may be necessary in connection

with any proceedings by or against the Central

Government or its officials regarding the aforesaid

rights in the said land so vested;

4. The Government Company shall have no power to

transfer the aforesaid rights in the said lands so

vested, to any other persons without the prior

approval of the Central Government; and

5. The Government Company shall abide by such

directions and conditions as may be given or imposed

by the Central Government for particular areas of the

said lands as and when necessary.

[F.No. 43015/25/2012-PRIW-I]

SUJEET KUMAR, Under Secy.

ubZ fnYyh] 17 flrEcj] 2015

dk-vk- 1822-—dks;yk èkjd {ks= ¼vtZu vkSj fodkl½

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

vfèfu;e dgk x;k gS½ dh èkjk 9 dh mi&èkjk ¼1½ ds vèhu

tkjh Hkkjr ljdkj ds dks;yk ea=ky; dh vfèlwpuk la[;kad dkñvkñ

1527¼v½] rkjh[k 9 twu] 2015 tks Hkkjr ds jkti=] vlkèkj.k]

Hkkx II] [kaM 3] mi&[kaM ¼ii½] rkjh[k 10 twu] 2015 esa izdkf'kr

dh xbZ Fkh] mDr vfèlwpuk ls layXu vuqlwph esa of.kZr Hkwfe ¼ftls

blesa blds i'pkr~ mDr Hkwfe dgk x;k gS½ vkSj ,slh Hkwfe esa ;k ml

ij ds lHkh vfèdkj] mDr vfèfu;e dh èkjk 10 dh mi&/kkjk ¼1½

ds vèhu] lHkh foYyaxeksa ls eqDr gksdj] vkR;afrd :i ls dsUnzh;

ljdkj esa fufgr gks x, gSa(

vkSj dsUnzh; ljdkj dks ;g lekèku gks x;k gS fd lsaVªy

dksyQhYM~l] fyfeVsM] jkaph] >kj[kaM ¼ftls blesa blds i'pkr~

ljdkjh daiuh dgk x;k gS½] ,sls fucaèuksa vkSj 'krks± dk ftUgsa dsUnzh;

ljdkj bl fufeÙk vfèjksfir djuk mfpr le>s] vuqikyu djus ds

fy, jtkean gSa(

vr% vc] dsUnzh; ljdkj mDr vfèfu;e] 1957 dh èkjk 11 dh

mi&èkjk ¼1½ }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs gq,] ;g funs'k nsrh

gS] fd bl izdkj fufgr Hkwfe esa ;k ml ij ds lHkh vfèdkj dsUnzh;

ljdkj esa bl izdkj fufgr cus jgus ds ctk,] rkjh[k 10 twu] 2015

ls fuEufyf[kr fucaèuksa vkSj 'krks± ds vèhu jgrs gq, ljdkjh daiuh

esa fufgr gks x, gSa vFkkZr~%—

1- ljdkjh daiuh] mDr vfèfu;e ds micaèksa ds vèhu ;Fkk

voèkfjr izfrdkj] C;kt] uqdlkfu;ksa vkSj oSlh gh enksa dh

ckcr~ fd, x, lHkh lank;ksa dh dsUnzh; ljdkj dks izfriwfrZ

djsxh(

2- ljdkjh daiuh] }kjk 'krZ ¼1½ ds vèhu] mDr ljdkjh daiuh

}kjk dsUnzh; ljdkj dks lans; jdeksa dk voèkj.k djus ds

iz;kstuksa ds fy, èkjk 14 ds vèhu ,d vfèdj.k dk xBu

fd;k tk,xk rFkk ,sls fdlh vfèdj.k vkSj ,sls vfèdj.k dh

lgk;rk djus ds fy, fu;qDr O;fDr;ksa ds lacaè esa mixr lHkh

O;;] mDr ljdkjh daiuh }kjk ogu fd, tk,axs vkSj blh

izdkj fufgr mDr Hkwfe esa ;k ml ij ds vfèdkjksa ds fy, ;k

muds lacaè esa vihy vkfn lHkh fofèd dk;Zokfg;ksa dh ckcr

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

3- ljdkjh daiuh dsUnzh; ljdkj ;k mlds inèkfj;ksa dh] ,sls

fdlh vU; O;; ds lacaè esa {kfriwfrZ djsxh tks bl izdkj

fufgr mDr Hkwfe esa ;k ml ij ds iwoksZDr vfèdkjksa ds ckjs esa]

dsUnzh; ljdkj ;k mlds inèkfj;ksa }kjk ;k muds fo#) fdUgh

dk;Zokfg;ksa ds lacaè esa vko';d gks(

4- ljdkjh daiuh] ds ikl dsUnzh; ljdkj ds iwoZ vuqeksnu ds

fcuk] mDr Hkwfe;ksa esa iwoksZDr vfèdkjksa dks fdlh vU; O;fDr

dks varfjr djus dh 'kfDr ugha gksxh( vkSj

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

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

fof'k"V {ks=ksa ds fy, fn, tk,a ;k vfèjksfir fd, tk,aA

[ Qkñ lañ 43015@17@2012&ihvkjvkbZMCY;w&I ]

lqthr dqekj] voj lfpo

New Delhi, the 17th September, 2015

S.O. 1822.—Whereas on the publication of the

notification of the Government of India in the Ministry of

Coal, number S.O. 1527 (E), dated the 9th June, 2015,

published in the Gazette of India, Extraordinary, Part II,

Section 3, sub-section (ii), dated the 10th June, 2015, issued

under sub-section (1) of section 9 of the Coal Bearing areas

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

(hereinafter referred to as the said Act), the land and all

rights in or over the said lands described in the Schedule

appended to the said notification (hereinafter referred to

as the said land) are vested absolutely in the Central

Government free from all encumbrances under sub-section

(1) of section 10 of the said Act;

And whereas, the Central Government is satisfied

that the Central Coalfields Limited, Ranchi, Jharkhand

(hereinafter referred to as the Government Company)

is willing to comply with such terms and conditions as

3792

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

the Central Government thinks fit to impose in this

behalf,

Now therefore, in exercise of the powers conferred by

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

Government hereby directs that the land and all rights in or

over the said land so vested shall with effect from the 10th

June, 2015, instead of continuing to so vest in the Central

Government shall vest in the Government Company, subject

to the following terms and conditions, namely:—

1. The Government Company shall reimburse to the

Central Government all payments made in respect of

compensation, interest, damages and the like, as

determined under the provisions of the said Act;

2. A Tribunal shall be constituted under section 14 of

the said Act, for the purpose of determining the

amounts payble to the Central Government by the

said Government Company under conditions (1) and

all expenditure incurred in connection with any such

Tribunal and persons appointed to assist the Tribunal

shall be borne by the said Government Company

and similarly, all expenditure incurred in respect of all

legal proceedings like appeals, etc. for or in

connection with rights, in the said land, so vested

shall also be borne by the Government Company;

3. The Government Company shall indemnify the

Central Government its officials against any other

expenditure that may be necessary in connection

with any proceedings by or against the Central

Government or its officials regarding the aforesaid

rights in the said land so vested;

4. The Government Company shall have no power to

transfer the aforesaid rights in the said lands so

vested, to any other persons without the prior

approval of the Central Government; and

5. The Government Company shall abide by such

directions and conditions as may be given or imposed

by the Central Government for particular areas of the

said lands as and when necessary.

[F. No. 43015/17/2012-PRIW-I]

SUJEET KUMAR, Under Secy.

LokLF; vkSj ifjokj dY;k.k ea=ky;

¼LokLF; vkSj ifjokj dY;k.k foHkkx½

ubZ fnYyh] 25 twu] 2015

dk-vk- 1823-—Hkkjrh; fpfdRlk ifj"kn ¼la'kksèu½ v/;kns'k]

2013 dh èkjk 3d dh mièkjk ¼1½ }kjk iznÙk 'kfDr;ksa dk iz;ksx

djrs gq, fnukad 06 uoacj] 2013 dks Hkkjrh; fpfdRlk ifj"kn dk

iquxZBu fd;k x;k FkkA

Hkkjrh; fpfdRlk ifj"kn vfèfu;e] 1956 ¼1956 dk 102½ dh

èkjk 3 dh mi&èkjk ¼1½ ¼[k½ ds micaè ds vuqikyu esa] Hkkjr ds

jkti= fnukad 05-11-2013 dh vfèlwpuk }kjk MkWñ ,lñ

ckyklqczef.k;u] izksQslj esfMlu] jktk eqFkS;k esfMdy dkWyst dk

p;u vUukeykbZ fo'ofo|ky;] vUukeykbZ uxj] rfeyukMq dh vksj

ls Hkkjrh; fpfdRlk ifj"kn ds lnL; ds :i esa fd;k x;k FkkA

vUukeykbZ fo'ofo|ky;] vUukeykbZ uxj] rfeyukMq us lwfpr

fd;k gS fd MkWñ ,lñ ckyklqczef.k;u] izksQslj esfMflu dkWyst] tks

vkbZ,elh vfèfu;e] 1956 dh èkjk 3¼1½ ¼[k½ ds rgr vUukeykbZ

fo'ofo|ky;] vUukeykbZ uxj dk izfrfufèRo dj jgs gSa] us O;fDrxr

dkj.kksa ls viuk R;kxi= ns fn;k gSA vr% vkbZ,elh vfèfu;e]

1956 dh èkjk 3¼1½ ¼[k½ ds rgr MkWñ ,lñ ckyklqczef.k;u dks

vUukeykbZ fo'ofo|ky;] vUukeykbZ rfeyukMq dk izfrfufèRo djus

okys Hkkjrh; fpfdRlk ifj"kn dh lnL;rk dks lekIr dj fn;k x;k

gSA

vr% orZeku esa vkbZ,elh vfèfu;e] 1956 ds micaè ds

vuqikyu esa MkWñ ,lñ ckyklqczef.k;u] vUukeykbZ fo'ofo|ky;]

vUukeykbZ uxj] rfeyukMq ds izfrfufèRo esa Hkkjrh; fpfdRlk ifj"kn

dh lnL;rk dks 25-06-2015 ls lekIr ekuk tk,xkA

[lañ oh&11013@02@2015&,ebZih&I ]

vfer fc'okl] voj lfpo

ikn fVIi.kh% ewy vfèlwpuk fnukad 9 tuojh] 1960 ds lkñfoñ

la[;k 138 }kjk Hkkjr ljdkj dh jkti= vfèlwpuk esa izdkf'kr gqbZ

Fkh vkSj mDr vfèlwpuk dks Hkkjrh; fpfdRlk ifj"kn ¼la'kksèu½

f}Ùkh; v/;kns'k] 2013 ¼2013 dk 11½ esa vafre ckj la'kksfèr fd;k

x;k FkkA

MINISTRY OF HEALTH AND FAMILY WELFARE

(Department of Health and Family Welfare)

New Delhi, the 25th June, 2015

S.O. 1823.—Whereas on 6th November, 2013, the

Medical Council of India was reconstituted in exercise of

the powers conferred by sub-section (1) of section 3A of

the Indian Medical Council (Amendment) Ordinance, 2013;

Whereas in pursuance of the provision of sub-

section (1)(b) of section 3 of the Indian Medical Council

Act, 1956 (102 of 1956) Dr. S. Balasubramaniyan,

Professor Medicine, Rajah Muthiah Medical College,

was elected as Member of the Medical Council of India

representing Annamalai University, Annamalainagar,

Tamil Nadu vide notification dated 5.11.2013 in Gazette

of India:

Whereas the Annamalai University, Annamalainagar,

Tamil Nadu has informed that Dr. S. Balasubramaniyan,

Professor Medicine, Rajah Muthiah Medical College who

is representing Annamalai University, Annamalainagar,

under section 3(1) (b) of IMC Act, 1956 has submitted his

resignation due to personal reasons. Therefore, Dr. S.

Balasubramaniyan has ceased to be a member of Medical

Council of India representing Annamalai University,

Annamalainagar, Tamil Nadu under section 3(1) (b) of IMC

Act, 1956.

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3793

Now, therefore, in pursuance of the provision of IMC

Act, 1956, Dr. S. Balasubramaniyan, shall be deemed to

have ceased to be a member of the Medical Council of

India representing Annamalai University, Annamalainagar,

Tamil Nadu with effect from 25.06.2015.

[No. V-11013/02/2015-MEP-I]

AMIT BISWAS, Under Secy.

Foot Note: The principal notificcation was published

in the Gazette of India vide Number S.O. 138 dated the

9th January, 1960 and was last amended vide Indian

Medical Council (Amendment) Second Ordinance, 2013

(11 of 2013).

Je ,oa jkstxkj ea=ky;

ubZ fnYyh] 10 flrEcj] 2015

dk-vk- 1824-—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947

dk 14½ dh èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ikjkekmaV ,vjost

izkbZosV fyfeVsM 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;] pSUubZ ds iapkV ¼lanHkZ la[;k

25@2015½ dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 10-09-2015

dks izkIr gqvk FkkA

[lañ ,y&11012@08@2015&vkbZvkj ¼lh,e&I½]

,e- ds- flag] vuqHkkx vfèdkjh

MINISTRY OF LABOUR AND EMPOLYMENT

New Delhi, the 10th September, 2015

S.O. 1824.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 25/2015) of the

Central Government Industrial-Tribunal-cum-Labour Court

Chennai as shown in the Annexure, in the industrial dispute

between the management of Paramount Airway Pvt. and

their workmen, received by the Central Government on

10.09.2015.

[No. L-11012/08/2015-IR(CM-I)]

M.K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

CHENNAI

Monday, the 24th August, 2015

Present: K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 25/2015

(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 Paramount Airways & Another and

their workmen)

BETWEEN

Sri Nitin Sood

: 1st Party/Petitioner

AND

1. The Association

Vice President-HR

: 2nd Party/1st Respondent

M/s. Paramount Airways

Pvt. Ltd.,

Alexander Square

No. 35, Sardar Patel Road

Guindy

Chennai-600032

2. Sri M. Thiagarajan,

: 2nd Party/2nd Respondent

Managing Director

M/s. Paramount Airways Pvt. Ltd.

A-21 Lankaram Street, Thirunagar

Madurai-625008

Appearance:

For the 1st Party/Petitioner

: M/s. M.L. Ganesh &

S. Arun Kumar, Advocates

For the 2nd Party/1st &

: Set Ex-parte

2nd Respondent

AWARD

The Central Government Ministry of Labour &

Employment, vide its Order No. L-11012/08/2015-IR (CM-I)

dated 27.02.2015 referred the following Industrial Dispute

to this Tribunal for adjudication.

The schedule mentioned in that order is:

"Whether the action of the Management of Paramount

Airways, Chennai regarding termination of the service

of the petitioner Capt. Nitin Sood is justifiable or not?

To what relief the workman is entitiled?"

2. On receipt of the Industrial Dispute this Tribunal has

numbered it as ID 25/2015 and issued notice to both sides.

The petitioner has entered appearance and filed Claim

Statement. The Respondents, though received notice

remained absent and were set ex-parte.

3. The averments in the Claim Statement are as below :

The petitioner had joined the Respondent's Airlines,

Paramount Airways as a Trainee First Officer. On 7th

day of July, 2006 the Airways altered the terms and

conditions of employment of the petitioner and signed

revised terms and conditions and deed of service. As

per the revised terms and conditions the petitioner

agreed to serve the Company for a minimum period of

5 years after obtaining type Endorsement of E170 P2

(First Officer). During this period of 5 years the petitioner

3794

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

had to serve the Company exclusively and shall not

serve any other Company or Airlines or Concern to fly

same type of aircraft in respect of which training has

been provided to him. The period of 6 years was to be

calculated from the date of completion of the said training

and on resuming actual services as First Officer. After

completion of training the petitioner started actual service

with the Respondents from 01.02.2007. As per revised

terms and conditions the petitioner was to be on

probation for a period of 6 months after obtaining

endorsement on his flying license as a First Officer, which

can be extended at the discretion of the Management.

After 6 months of the period of probation, the petitioner

had been requesting orally and in writing to the

concerned officials of the Respondents for confirmation

in service. After confirmation the Company would be

entitled to terminate the services of the petitioner without

assigning any reason by giving 6 months notice in

writing. The salary of the petitioner was revised after 12

months of the endorsement. On 7th November, 2009 the

Management called a meeting of the pilots and informed

that the monthly salary would be reduced by about 60%.

The petitioner was directed to sign consent letter of

minutes of meeting agreeing to the changes in the terms

and conditions of the salary package. The petitioner

has refused to sign the consent letter as this will result

in loss of his earnings. Due to non-compliance with the

direction of the Respondents to sign the consent letter

the termination letter was issued to the petitioner on

18.11.2009. The petitioner was treated as an employee

on probation and he was offered 7 days notice pay only.

The petitioner's service has become confirmed even

though written communication was not given. An order

may be passed setting aside the order of the termination

by the Respondents and directing the Respondents to

reinstate the petitioner in service with full backwages

and also directing to clear the dues to the petitioner

towards wages , privilege leave EPF contribution and

interest on the amount due.

3. The petitioner has filed Proof Affidavit and also maked

Ext. W1 to Ext. W19 to substantiate the case.

4. The Points

(i) Whether the action of the Respondents in

terminating the service of the petitioner is justified?

(ii) To what relief the petitioner is entitled?

The Points

5. The petitioner has joined the service of Paramount

Airways as a Trainee First Officer. As per the revised terms

and conditions of Airways the petitioner was to serve the

Airways fo a period of 5 years. His salary has been revised

from Rs. 1,57,400/- to Rs. 1,90,000/- in January, 2008.

However, the Respondents wanted to reduce the salary by

60% in November 2009, and wanted the Petitioner to give a

consent letter for which he refused. The petitioner is said

to have been terminated from service on 18.11.2009 on

account of this.

6. Though the petitioner has claimed the relief of

reinstatement also in the Claim Statement, in this Proof

Affidavit he is claiming the monetary benefits due to him

only. He has stated in the Proof Affidavit that he has

obtained a job after 15 months and 19 days of his termination

i.e. from 13.03.2011 and has restricted his claim of monetary

benefits upto this period.

7. The case of the petitioner is substantiated by the

affidavit and documents produced by him. The

Respondents have not come forward to challenge the case

put forth by the petitioner. The case of the petitioner is to

be accepted in the circumstances. He is entitled to an order

as claimed in the Affidavit.

Accordingly an award is passed as follows:

(i) The Respondents shall pay the petitioner salary for

the period from 01.11.2009 to 17.11.2009 and from

24.11.2009 to 13.03.2011.

(ii) The Respondents shall pay 6 months notice pay to

the petitioner as for a permanent employee.

(iii) The Respondents shall pay amounts towards 64

days Privilege Leave to the petitioner.

(iv) The Respondents shall pay the Provident Fund

amount due to the petitioner.

(v) The Respondents are also liable to pay interest 6%

per annum on the amount due towards salary to the

petitioner.

The reference is answered as above.

K.P. PARSANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner Union : WW1, Sri Nitin Sood

For the 2nd Party/1st & 2nd

: None

Management

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3795

Documents Marked:

On the petitioner's said

Ex. No.

Date

Description

Ext. W1

07.07.2006

Copy of the Revised Terms and Conditions as Annexure-1

Ext. W2

07.07.2006

Copy of the Deed of Service as Annexure-2

Ext. W3

-

Copy of the Rs. 20.00 Lakhs Undated Cheques as Annexure-3

Ext. W4

-

Copy of the Commercial Pilot License as Annexure-4

Ext. W5

-

Copy of the Conferment of Permanent Status to Workman Act, 1981 as Annexure-5

Ext. W6

-

Copy of the Payslips Dec., 2007 to January, 2008 as Annexure-6

Ext. W7

-

Copy of the Aircrew loss of license policy as Annexure-7

Ext. W8

-

Copy of the "Minutes of Meeting" as Annexure-8

Ext. W9

-

Copy of the DGCA Rules 3.5 as Annexure-9

Ext. W10

18.11.2009

Copy of the Termination Letter as Annexure-10

Ext. W11

-

Copy of the final settlement Cheque as Annexure-11

Ext. W12

-

Copy of the Bank Salary Account Statement as Annexure-12

Ext. W13

-

Copy of the Airline's Staff Leave Policy as Annexure-13

Ext. W14

-

Copy of the Salary Dues with 10% Interest as Annexure-14

Ext. W15

-

Copy of the EPFO Form 3A upto 28.02.2009 as Annexure-15

Ext. W16

04.05.2010

Copy of the Notice letter to Respondent as Annexure-16

Ext. W17

-

Copy of the Labour Commissioner Chennai Letter to as Annexure-17

Ext. W18

-

Copy of the Ministry of Labour Mantralaya Order as Annexure-18

Ext. W19

-

Copy of the News Paramount Airways Won Rs. 1,650 crore in Litigation as Annexure-19

On the Respondent's side

Ex. No.

Date

Description

Nil

Opium & Alkaloid Factory, Neemuch and their workman,

which was received by the Central Government on

09.09.2015.

[No. L-42012/294/2010-IR(DU)]

P.K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/57/2011

Shri Shailendra Singh Thakur,

R/o Safi Villa, Diamond Hall,

Opp. State Bank of Bikaner and Jaipur,

Bunglow No. 49,

Neemuch.

...Workman

Versus

General Manager,

Govt. Opium & Alkaloid Factory,

Neemuch.

...Management

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New Delhi, the 10th September, 2015

S.O. 1825.—In pursuance of Section 17 of the

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

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

CGIT/LC/R/57/2011) of the Central Government

Industrial-Tribunal-cum-Labour Court Jabalpur now as

shown in the Annexure, in the industrial dispute between

the employers in relation to the management of the Govt.

3796

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

AWARD

Passed on this 12th day of August, 2015

As per Letter dated 25-5-2011 by the Government of India,

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

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

I.D. Act, 1947 as per Notification No. L-42012/294/2010-

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

"Whether the action of the management of Opium and

Alkaloid Factory, Neemuch in terminating the services

of Shri Shailendra Singh Thakur w.e.f. 14.6.2010 is legal

and justified? What relief the workman is entitled to?"

2. After receiving reference, notices were issued to the

parties. Workman submitted statement of claim. Case of

workman is that 2nd party is factory, Industrial Employment

Standing Orders Act and standing orders framed are

applicable to it as more than 100 employees are working on

its establishment. The Ist party workman was working as

Boiler operator. The Union of employees working with 2nd

party was formed and it is registered bearing No. 5219.

Workman was connected with formation of said Union. He

was General Secretary. Workman was rising demands of

the labours. Management developed enmity with him

management illegally terminated workman with motive to

interfere with the union Registration. Workman was served

with chargesheet dated 18.11.09 under Central Civil Service

Rules 1965. Workman was immediately suspended. He was

not paid subsistence allowance 5 charges were alleged

against workman in chargesheet issued by 2nd party,

advisor was appointed as Enquiry Officer. Workman denied

charges against him. Preliminary enquiry was conducted

on 6.1.2010. Presenting Officer Kurasi had made initial

submissions. Enquiry was conducted with bias and

prejudice. The documents requested by workman as per

letter dated 21.10.2010 were not suppled to him. workman

was not permitted to cross examine the management's

witnesses. He was not allowed to examine defence

witnesses. Workman had submitted written submissions

before Enquiry Officer. Services of workman were

terminated on 14.6.2010.

Workman challenged order of his termination by filling

appeal before Chief Controller. His appeal was also

dismissed. Workman raised dispute before ALC, Bhopal

2nd party did not obey the notice dated 6.8.2010 by RLC. It

is reiterated that enquiry was not conducted as per standing

orders. Principles of natural justice were not followed.

Workman was not paid subsistence allowance. The acts

committed by 2nd party is by way of victimization and

amounts to unfair labour practice. Workman prays for his

reinstatement with backwages.

4. 2nd party did not file Written Statement, 2nd party is

proceeded exparte on 2-4-2014.

5. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded agtainst each of them for the

reasons as below:—

(i) Whether the action of the

In Negative

management of Opium and

Alkaloid Factory, Neemuch

in terminating the services

of Shri Shailendra Singh

Thakur w.e.f. 14.6.2010 is

legal and justified?

(ii) If not, what relief the

As per final order.

workman is entitled to?"

REASONS

6. Workman have challenged legality of enquiry

conducted against and it is further contented by him that

enquiry was not conducted as per certified standing orders.

Enquiry conducted against him under Central Conduct and

Appeal rules is illegal.

7. As 2nd Party has not filed Written Statement and

participated in the reference proceedings, the issue about

legality of enquiry is n ot required to be framed and decided.

Instead the point involved in the reference is required to

be decided.

8. Workman filed affidavit of his evidence supporting

his contentions instatement of claim. From his evidence,

documents Exhibit W-1 to 13 are admitted in evidence.

The evidence of workman remained unchallenged. As 2nd

party did not participate in proceeding and cross-examine

the workman, I do not find any reason to disbelieve

evidence of workman on the point that enquiry was not

property conducted, workman was not supplied

documents, he was not allowed to adduce evidence in

defence, subsistence allowance was not paid to him during

Enquiry Proceedings. Therefore I record my finding in

Point No. 1 in Negative.

9. Point No. 2-In view of my finding in Point No. 1 the

action of the management in dismissing workman is illegal,

question remains for decision is whether workman is

entitled for backwages. Once enquiry in found illegal, order

of dismissal is illegal. Workman is entitled for reinstatement

with backwages. Accordingly I record my finding in Point

No. 2.

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

(1) The action of the management of Opium and

Alkaloid Factory, Neemuch in terminating te

services of Shri Shailendra Singh Thakur w.e.f.

14.6.2010 is not proper and legal.

(2) 2nd party is directed to reinstate workman with

continuity of service and backwages.

R.B. PATLE, Presiding Officer

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3797

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vfèdj.k ,oa Je U;k;ky;] 1 paMhx<+ (filed under Section 33 &

33A in the matter of complaint arising out of LCA No. 9 of

2012) ds iapkV ¼lanHkZ la[;k 98@2013½ dks izdkf'kr djrh gS tks

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New Delhi, the 9th September, 2015

S.O. 1826.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (I.D. No. 98/2013) of the Central

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

Chandigarh (filed under Section 33 & 33A in the matter of

complaint arising out of LCA No. 9 of 2012) now as shown

in the Annexure, in the industrial dispute between the

employers in relation of the management of the Chief Post

Master General HP Circle Shimla and their workmen, which

was received by the Central Government on 09.09.2015.

[No. L-42025/03/2015-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE SHRI SURENDRA PRAKASH SINGH,

PRESIDING OFFICER, CENTRAL GOVT.

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-I,

CHANDIGARH

Case No. ID 98/2013

Shri Jagman Singh Rana son of Shri Kishan Singh Rana

resident of Village and Post office Kotla Kalan, Tehsil and

district Una (H)).

...Workman

Versus

1. The Assistance Post Master General Office of the Chief

Post Master General HP Circle Shimla-171009.

2. The superintendent RMS HP Division Mandi 175001.

...Respondents

Appearance :

For the workman

: Shri R.P. Mehra Advocate

For the management : Shri Sanjiv Sharma Advocate.

AWARD

Passed on 03.09.2015

The workman moved the present petition U/s 33A of

the Industrial Disputes Act, 1947 for violation of the

provisions of Section 33 read with item No. 7 of the Fifth

Schedule which has been registered as Industrial Disputes,

on the ground that workman filed LCA No. 9 of 2012 in this

Tribunal for claiming service benefits. Thereafter the

workman filed OA No. 142/HP/2013 in the Central

Administrative Tribunal to claim IIIrd ACP with grade pay

of Rs. 4800/-. That on account of filing of LCA, the

respondent management infuriated to the extent that they

order his transfer forthwith during the pendency of the

LCA No. 9 of 2012 which is violative of the provisions of

Section 33 of the Industrial Disputes Act 1947. It is also

pleaded that the employees with the tenure of 15 or 20

years are working continuously at a particular station,

however the workman with a short tenure has been

transferred which is also unfair labour practice under 5th

Schedule of the I.D. Act and Section 25T and is punishable

U/s 25(u) of the I.D. Act and prayed that the guilty may be

punished for violating the provisions of the Industrial

Disputes Act. The workman also annexed documents

Annexure 1 to annexure 5.

2. The management filed reply in which it is pleaded that

OA No. 142/HP/2013 was filed by the workman in CAT was

disposed off on 24.5.2013 without commenting upon the

merits with regard to the relief pending before this Court.

The averment of the workman in incorrect as he was working

in Una sorting from 19.2.2006 on the post of soring assistant

(BCR) and from 13.8.2008 on 5.9.2013 in the post of

SRO(LSG). The tenure of SRO(LSG) supervisor is four

years. It is prayed by the management that no provisions

of ID Act has been violated by the management and the

application U/s 33A deserve rejection. Along with written

statement management annexed three document i.e. order

of CAT dated 24.5.213, copy of letter dated 4.1.2013 and

copy of rule regarding transfer and postings.

3. I have heard the parties, gone through the record.

4. From the reply filed by the management it is revealed

that workman filed OA No. 142/HP/2013 before the Hon'ble

Central Administrative Tribunal, Chandigarh. The certified

copy of the judgment dated 24.5.2013 has also been placed

on record by the management. The Hon'ble Central

Administrative Tribunal, Chandigarh in para 9 of judgment

dated 24.5.2013 has observed as under:

"Admittedly, the orders dated 17.1.2013 and 21.1.2013

(Annexure A-3 and A-4) have already been withdrawn by

the respondents as per order dated 11.2.2013 (annexure

R-5). Therefore, the first prayer of the applicant stands

satisfied. With regard to second contention, admittedly,

the applicant has already approached the Central Govt.

Industrial Tribunal-cum-labour Court, Chandigarh for

redressal of his grievance on the same very prayer clause,

the present OA is not maintainable."

5. From the above it is clear that the order of promotion

and transfer dated 17.1.13 and 21.1.2013 have been withdrawn

by the management vide order dated 11.2.2013. Besides this,

it is evident from the record of the LCA No. 9 of 2012 filed in

3798

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

this Court, on 7.1.2013 and the first date was fixed for hearing

for 5.2.2013. The promotion and transfer orders were issued

on 17.1.2013 and 21.1.2013 and it can not be presumed that

the fact of filling the LCA No. 9 of 2012 was to the knowledge

of the management. Moreover the transfer orders have been

withdrawn by the management (as mentioned in the judgment

of the CAT Chandigarh).

6. Therefore, inview of the facts above, it cannot be said

that the management has violated Sections 33 and 33A of

the Industrial Disputes Act 1947.

7. The complaint filed by the workman U/s 33A of ID

Act for violation of Section 33 of the I.D. Act is liable to be

dismissed.

8. The petition U/s 33A and 33 of the I.D. Act 1947 is

disposed off accordingly.

Chandigarh.

3.09.2015

S.P. SINGH, Presiding Officer

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New Delhi, the 10th September, 2015

S.O. 1827.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (I.D. case No. CGIT/LC/R/

231/93) of the Central Government Industrial-Tribunal-cum-

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

the Industrial Dispute between the employers in relation to

the management of the Co-axial Cable Project, Gwalior and

their workman, which was received by the Central

Government on 09.09.2015.

[No. L-40012/119/92-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/231/93

Shri Monga Ram,

S/o Shri Bhogiram

r/o Ambedkar Nagar,

Nadipar, Morar, Gwalior

...Workman

Versus

Junior Telecom Officer,

Co-axial Cable Project,

Jabalpur Camp-Gwalior

...Management

AWARD

Passed on this 14th day of August, 2015

1. As per letter dated 20.10.93 by the Government of

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

receivd. The reference is made to this Tribunal under

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

119/92-IR (DU). The dispute under reference relates to:

"Whether the action of the management of Junior

Telecom Officer, Coaxial Cable Project Jabalpur in

terminating the services of Shri Monga Ram S/o Shri

Bhogi Ram is justified or not? If not for what relief the

workman is entitled for?"

2. After receiving reference, notices were issued to the

parties. Workman submitted statement of claim at Page 8/1

to 8/3. Case of workman is that he was appointed in Telecom

Department in February 1985. He was posted in Railway

Electrification section Kota Division. Therefore he was

discharged. Again applicant was appointed on muster roll

in April 1995 under SDO Gwalior. At that time Shri P. Singh

was SDO Gwalior. He was working from April 85 to May 88

under SDO Phones, Gwalior. In June July 88, he was sent to

Railway Electrification at Vidisha. In August 88, applicant

was taken to Gwalior under SDO Phones. He worked in

Aug. and Sept. 88. From October 88, applicant was sent to

Co-axial cable project, Gwalior where he worked in June

1989. From july 1989, workman was provided work. However

payment was made under ACG-17 till January 1990. In

February March 1990, he was not given work. In April 1990,

he was given work for 7 days. Thereafter department

decided to retrench daily rated workers as per directions in

letter dated 7-3-90. Workman submits that he completed

more than 240 days during the preceding year. He was

issued Identity cards. His services are terminated without

compliance of section 25-F, 25-G of ID Act. he was not paid

retrenchement compensation, notice pay. Reasons for

retrenchment were not disclosed. his services are

terminated in violation of section 25-F, G,H of ID Act. 2nd

party engaged Private contractors. The Act of 2nd party

amounts to unfair labour practice. On such ground, workman

prays for his reinstatement with backwages.

3. 2nd party filed Written Statement opposing claim of

the workman. 2nd party contents that workman was purely

engaged as casual labour in the project of 2nd party. The

job of applicant was of temporary nature in Railway

Electrification. He was not appointed against permanent

post. The engagement of Ist party as casual worker was for

a specific period in Railway Electrification. Workman was

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3799

engaged in different units. As work was finished, his services

automatically came to end. 2nd party submits that workman

had not completed 240 days continuous service. The

disengagement of workman does not amount to

retrenchment under Section 2(oo) of ID Act. It is denied that

services of workman are terminated in violation of Section

25-F,G,H of ID Act. Workman is not entitled to any relief.

4. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

(i) Whether the action of the

In Negative

management of Junior

Telecom Officer, Co-axial

Cable Project Jabalpur in

terminating the services of

Shri Monga Ram S/o Shri

Bhogi Ram is justified or

not?

(ii) If so, to what relief the

As per final order.

workman is entitled to?"

REASONS

5. Workman is challenging termination of his service for

violation of Section 25-F,G,H of ID Act. workman filed

affidavit giving details of his working in Railway

Electrification in February 1985. The working of 3 days at a

place, in April 1985, he was engaged on muster roll on daily

wages by SDO Telephone, Gwalior. He worked from April

85 to May 88. Thereafter he was working in Railway

Electrification Vidisha in June July 88. In August, Sept. 88,

he was working at Gwalior. From October 88, he was taken

to Co-axial cable project where he was working till June 89.

That he completed 4 years service. His services were

terminated without notice. 2nd party engaged unfair labour

practice. Workman is given details of his working days in

para-6 of his affidavit from February 1985 to April 1990. In

his cross, workman says in 1985, he was engaged in Railway

Electrification project at Vidisha. He worked for two months.

He was paid monetary wages as per the muster rolls. He

denies that only he had done work of laying cables.

Workman reiterates that he was also doing work of laying

cables. Workman denies that he not completed 240 days

continuous service.

6. 2nd party filed affidavit of witness of Shri S.N. Tiwari

supporting contentions of 2nd party that workman not

completed 240 days continuous service. The management's

witness remained absent for his cross-examination. His

evidence cannot be considered. Thus contentions of 2nd

party are not supported by valid evidence. The working

days shown in affidavit of workman is not shattered by

cross-examination. The evidence on record shows that

workman was continuously working in 2nd party from 1985

to April 1990. His services are terminated without notice,

retrenchment compensation is not paid to him, the

termination of workman is in violation of Section 25-F of ID

Act. therefore I record my finding in Point No. 1 in Negative.

7. In view of my finding in Point No. 1 services of

workman are terminated without notice, violating Section

25-F of ID act. workman was engaged on daily wages from

April 1985 to April 1990. The learned counsel for workman

relied on ratio held in

Case of Durgapur Casual Workers Union and others

Versus FCI reported in 2015(5) SCC-786. Their Lordship

dealing with Section 25-F, H of ID Act and unfair labour

practice Item 10, Schedule IV held powers of industrial and

Labour Courts to pass appropriate orders, once unfair trade

practice established. Services of appellant workmen who

were employed by respondent corporation as casual

employees on daily wage basis not regularised. The Tribunal

Specifically finding unfair labour practice on part of

Corporation, it was not open to High Court to interfere with

award of Tribunal directing absorption of appellant workmen.

The terms of reference in present case is restricted to

the legality of termination of his services and not pertain to

absorption of workman in service. Ratio cannot be

benefically applied to case at hand. The terms of reference

does not pertain to regularization of the workman. As

services of workman are terminated in violation of Section

25-F, considering the working period April 85 to April 1990,

compensation Rs. 75,000 would be reasonable. Accordingly

I record my finding in Point No. 2.

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

(1) The action of the management of Junior Telecom

Officer, Co-axial Cable Project Jabalpur in

terminating the services of Shri Monga Ram

S/o Shri Bhogi Ram is not proper and legal.

(2) 2nd party is directed to pay compensation

Rs. 75,000 to the workman.

Amount as per above order shall be paid to workman

within 30 days from the date of notification of award. In

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

from the date of award till its realization.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 10 flrEcj] 2015

dk-vk- 1828-—vkS|ksfxd fookn vfèfu;e 1947 ¼1947 dk

14½ dh èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj fnfo'kuy bathfu;j

VsyhdkWe] Hkksiky ds izcaèi= ds lac) fu;kstdksa vkSj muds deZdkj ds

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

vfèdj.k ,oa Je U;k;ky; tcyiqj ds iapkV ¼lanHkZ lañ

lhñthñvkbZñVhñ@,ylh@vkj 42@98½ dks izdkf'kr djrh gS tks dsUnzh;

ljdkj dks 09@09@2015 dks izkIr gqvk FkkA

[la-,y&40012@21@96&vkbZvkj ¼Mh;w½]

ih- ds- os.kqxksiky] MsLd vfèdkjh

3800

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

New Delhi, the 10th September, 2015

S.O. 1828.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (I.D. Case No. CGIT/LC/R/42/

98) of the Central Government Industrial Tribunal-Cum

Labour Court, Jabalpur now as shown in the Annexure in

the Industrial Dispute between the employers in relation to

the management of the Divisional Engineer Telecom, Bhopal

and their workman, which was received by the Central

Government on 09/09/2015.

[No. L-40012/21/96-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/42/98

Shri Ramdas S/o Shri Gangaram,

Village Jargaon, Post Bhageh,

Tehsil Dabra,

Distt. Gwalior (MP)

...Workman

Versus

Divisional Engineer Telecom (RE),

Arera Colony,

Bhopal

...Management

AWARD

Passed on this 13th day of August, 2015

1. As per letter dated 23-2-98 by the Government of

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

received. The reference is made to this Tribunal under

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

21/96-IR(DU). The dispute under reference relates to:

"Whether the action of the management of Divisional

Engineer Telecom (RE) Bhopal in terminating the

services of Shri Ramdas S/o Shri Gangaram w.e.f.

15-8-91 is legal and justified? If not, to what relief the

workman is entitled?"

2. After receiving reference, notices were issued to the

parties. Workman submitted statement of claim at Page

2/1 to 2/3. The case of workman is that he was engaged on

daily wages from 17-8-85 with 2nd party. He was working

with devotion at Gwalior till 30-4-86. From 10-6-86, workman

was engaged on daily wages at Bhopal. He was

continuously working till 14-8-91. On 15-8-91, his services

were orally discontinued. The oral termination is illegal. He

was not given one months notice or one months pay in lieu

of notice. He was not paid retrenchment compensation.

Without issuing show-cause notice, his services were

terminated. That he had worked continuously more than

240 days. His termination is in violation of Section 25-F of

ID Act. other persons engaged after him are continued in

employment in violation of Section 25-G of ID Act. for

terminating services of workman, permission of

Government was not obtained. On such ground, workman

is praying for his reinstatement with backwages.

3. 2nd party filed Written Statement at Page 16/1 to 16/2

opposing claim of the workman, 2nd party raised preliminary

objection that Railway Electrification Project is under

control of Director of Railway Electrification of office at

Bhopal. Said office was established by Telecom department.

After completion of its work in 1990, said office was close.

The record was destroyed after complying the rules. Any

information about working of Ist party is not available.

Claim of workman deserves to be rejected. 2nd party

reiterates that record relating to the working of Ist party is

not available. Compensation under ID Act was paid to the

retrenched labours. Permission for retrenchment was taken

from Competent Authority. Claim of workman is without

any basis. It is barred by time limit. On such ground, 2nd

party prays from answering reference in its favour.

4. Workman filed rejoinder reiterating its contentions in

statement of claim.

5. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

(i) Whether the action of the

In Negative

management of Divisional

Engineer Telecom (RE)

Bhopal in terminating the

services of Shri Ramdas

S/o Shri Gangaram w.e.f.

15-8-91 is legal and justified?

(ii) If so, to what relief the

As per final order.

workman is entitled to?"

REASONS

6. Ist party is challenging termination of his service for

violation of Section 25-G,H of ID Act. workman filed

affidavit of his evidence supporting his contentions in

statement of claim. That he was working from 17-8-95 to

31-1-86 at Datia from 1-2-86 to 30-4-86, he was required to

work at Gwalior Laying the cables. From 10-6-86, he was

engaged on daily wages at Bhopal. He was continuously

working at Bhopal till 14-8-91. His services were orally

discontinued from 15-8-91. That he was working with 2nd

party for six years during each of the calendar year, he

completed more than 240 days continuous service. The

details of his working days are given in Para-4 of his

affidavit. In his cross-examination, workman says on

17-8-85, he was engaged by Motilal Kushwaha. He was

appointed at Datia where he worked for one year. He was

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3801

not appointed by contractor. From Datia, he went to

Bhopal for work. Before discontinuing his services, SDO

had contacted JTO. He was orally terminated. Written

order of termination was not given to him. He denies that

appointment letter in writing was not given to him that he

had gone for work from Datial to Bhopal, transfer order

was not received. He was unable to tell whether PF was

deducted from his wages. When he was transferred from

Datia, said office was working. Workman in his further

cross denies that he was working sometimes 8 days,

12 days, 15 days in a month. Document Exhibit W-1 was

referred to workman. Secondly it was admitted in evidence.

He denies that he had not worked 240 days in any of the

year. Before his engagement, post was not advertised.

Presently he is working in the agricultural land. In

document Exhibit W-1, the working days of workman are

shown more than 240 days during each of the year

17-8-85 to June 88. The evidence of workman is

corroborated by document Exhibit W-1.

7. Management's witness Shri R.V. Chouhan filed

affidavit supporting contentions of 2nd party in the Written

Statement. That the work of electrification project was

carried at different points. The office at Bhopal was closed

in 1990. The documents related to the project were destroyed

as per Rule-69 in Appendix-V. In his cross-examination,

witness of management says he is working with 2nd party

from April 84. He does not know the workman. He had seen

his service record. Work was completed in 1990. Presently

he is working in BSNL since 1-10-00. At that time option of

employee working in Telecom Deptt. was called. The option

was also called from casual employee working in Telecom

department. Copy of rules about distribution of rules is

produced. Management's witness has no personal

knowledge. The documents relating to the working of Ist

party could not be produced as stated above. The evidence

of workman is supported by document Exhibit W-1.

Workman had completed 240 days continuous service

during 1985 to 1988. Therefore I donot find reason to

disbelieve evidence of workman. The services of workman

are discontinued without notice, no retrenchment

compensation was paid. Though 2nd party in its Written

Statement has contented that retrenchment compensation

was paid under ID Act, any document in that regard are not

produced by 2nd party. No document is also produced

about permission of Competent Authority for retrenchment

of employee is obtained. The contentions of 2nd party in

that regard are not substantiated by documents. It is clear

that services of workman are discontinued in violation of

section 25-F of ID Act, therefore I record my finding in

Point No. 1 in Negative.

8. Point No. 2-Termination of workman is found illegal

for violation of Section 25-F of ID Act, question remains

for consideration that workman is entitled for reinstatement

with backwages. The evidence of management's witness

that office of Railway Electrification Project at Bhopal was

closed in 1998 is not shattered in its cross examination.

Workman was engaged on daily wages. As per evidence in

cross-examination of workman, the post was not advertised.

Appointment letter in writing as not given to him. Copy of

award in R/274/97 is produced. In said case, violation of

Section 25-G was also established. Workman has not

disclosed names of any junior persons continued by 2nd

party therefore reinstatement of workman could not be

possible. Considering nature of engagement of workman

and period of his engagement, compensation Rs. One Lakh

would be reasonable. Accordingly I record my finding in

Point No. 2.

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

(1) The action of the management of Divisional

Engineer Telecom (RE) Bhopal in terminating the

services of Shri Ramdas S/o Shri Gangaram w.e.f.

15-8-91 is not proper and legal.

(2) 2nd party is directed to pay Rs. One Lakh

compensation to the workman.

Amount as per above order shall be paid to workman

within 30 days from the date of notification of award. In

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

from the date of award till its realization.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 10 flrEcj] 2015

dk-vk- 1829-—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947

dk 14½ dh èkjk 17 vuqlj.k esa dsUnzh; ljdkj fMikVZesaV vkWQ

VsyhdE;wfuds'ku] Hkksiky ds izcaèr= ds lac) fu;kstdksa vkSj muds

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

ljdkj vkS|ksfxd vfèdj.k ,oa Je U;k;ky;] tcyiqj ds iapkV

¼lanHkZ lañlhñthñvkbZñVhñ@,ylh@vkj@179@99½ dks izdkf'kr djrh

gS] tks dsUnzh; ljdkj dks 09@09@2015 dks izkIr gqvk FkkA

[lañ ,y&40012@90@98&vkbZvkj ¼Mh;w½]

ih- ds- os.kqxksiky] MsLd vfèdkjh

New Delhi, the 10th September, 2015

S.O. 1829.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D. Case

No.CGIT/LC/R/179/99) of the Central Government

Industrial Tribunal-cum-Labour Court, Jabalpur now as

shown in the Annexure in the Industrial Dispute between

the employers in relation to the management of the

Department of Telecommunication, Bhopal and their

workman, which was received by the Central Government

on 09/09/2015.

[No. L-40012/90/98-IR(DU)]

P.K. VENUGOPAL, Desk Officer

3802

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/179/99

Shri Prabhakar Kantalay,

S/o Murlidhar Kantalay,

1/6, Telecom Colony,

Govindpura, Bhopal

...Applicant

Versus

Chief General Manager,

Deptt. of Telecommunication,

Hoshangabad Road,

MP Circle,

Bhopal (MP)

...Non-applicant

AWARD

Passed on this 6th day of August 2015

1. As per letter dated 26-4-99 by the Government of

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

received. The reference is made to this Tribunal under

Section -10 of I.D. Act, 1947 as per Notification

No. L-40012/90/98/IR(DU). The dispute under reference

relates to:

"Whether the action of the management of Chief General

Manager, Telecom Bhopal in terminating the services of

Shri Prabhakar Kantalay S/o Shri Murlidhar Kantalay is

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

entitled?"

2. After receiving reference, notices were issued to the

parties. Workman submitted statement of claim at Page 4/1

to 4/3. Case of workman is that he was appointment as

peon in 2nd party on 15-4-93 as permanent employee. The

services were orally terminated on 3-3-98 without assigning

any reasons. No chargesheet was issued to him. Enquiry

was not conducted against him. He completed more than

240 days continuous service. His services were illegally

terminated Compensation was not paid to him by 2nd party.

The rules about retrenchment were not followed. After

termination of his services, 2nd party appointed other

persons. Ist party workman submits that he acquired status

of permanent employee. He was paid wages at daily wage

rate. However payment was made at end of month. Ist party

had issued notice through his Advocate. Despite of his

notice, workman was not reinstated. On such contentions,

workman prays for his reinstatement with backwages.

3. 2nd party filed Written Statement at Page 6/1 to 6/3

opposing claim of the workman. 2nd party submits that

workman was not appointed by the management. He was

not its regular employee. That during summer seasons,

some labours have to be appointed on temporary basis as

waterman. Workman was engaged for such purpose during

15-4-93 to 14-6-93. Ist party workman was not engaged

after April 1996 to 3-3-98. As workman was never appointed

by management, there was no question of giving one

month's notice. Workman was not permanent employee of

the department. Details of working days of workman are

given in para-4 of the Written Statement- In 1993-61 days,

in 1994-nil, in 1995-104 days without breaks, for some period

appointed on full time basis. In 1996-121 days, in 1997- nil,

in 1998- nil. It is reiterated that workman not completed 240

days continuous service. He is not entitled for retrenchment

compensation. Workman was engaged for specific period.

He did not work for six months. Engagement of workman in

summer season was for specific period. Workman did not

work after May 1996. On such ground, 2nd party prays

that reference be answered in its favour.

4. Workman submitted rejoinder at Page 7/1 to 7/2

reiterating contentions in statement of claim.

5. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

(i) Whether the action of the

In Affirmative

management of Chief

General Manager, Telecom

Bhopal in terminating the

services of Shri Prabhakar

Kantalay

S/o

Shri

Murlidhar Kantalay is legal

and justified?

(ii) If not, what relief the

Workman is not entitled

workman is entitled to?"

to any relief.

REASONS

6. Workman is challenging termination of his service for

violation of Section 25-F of ID Act. 2nd party contends

that workman was not appointed, he not completed

240 days continuous service.

7. Workman filed affidavit of his evidence supporting

his contentions is statement of claim. Workman has stated

that he was appointed as peon on 15-4-93. he was orally

terminated on 3-3-98 without assigning any reasons. That

he completed 240 days continuous service. He was not

paid retrenchment compensation. Work was available all

the 12 months. He worked as peon. After termination, he

submitted representation. He was not reinstated. In his

cross-examination, workman says letter of appointment was

received by him. Original appointment letter is with him.

His name was not sent through Employment Exchange

office. For regular appointment it is necessary that name is

sponsored through the Employment Exchange. Workman

volunteered that his name was registered in Employment

Exchange office but any document is not produced on

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3803

record. The post on which he was appointed was not

advertised. he was engaged for supplying drinking water.

He denies that since his initial service, he was working for

few hours. Workman denied suggestion that the not

completed 240 days continuous service. The witness of Ist

party Pachu Gopal in his evidence on affidavit supports

that workman was working with 2nd party from 1993 to

1998. In his cross-examination, witness of Ist party says he

was working on photo printer at Bhopal. Workman was

working in his office from 1993 to 1998 as waterman. He

was also doing work of distribution of letters, collecting

letters. Workman was doing work as directed by Executive

Engineer. Witness says he was not working under Executive

Engineer. Workman was not working in is section. He denies

that workman was not working from 1993 to 1998. That he

was enlarging maps on machines and taking its print. Peon

was not provided to him. Workman was collecting letters

from his section. He was not writing CRs of workman.

8. Management's witness Shri Mishra filed affidavit of his

evidence supporting contentions of 2nd party in Written

Statement. Working days of Ist party are narrated in para-5 of

his affidavit stated in the statement of claim. That after May

96, workman was not working in the department. In his cross-

examination, management's witness denies that workman was

working as peon/waterman from 15-4-93 to 13-12-98. Muster

roll of workman is not maintained. For some time, workman

was working on full time basis and some time part time basis.

That Account Officer can be examined as witness. Suggestion

is denied that workman completed 240 days continuous

service. Documents produced Exhibit W-1 is office order dated

22-4-93 workman was offered casual appointment form

15-4-93 to 14-6-93 period of 2 months. Exhibit W-1(a) workman

was engaged temporarily on fixed rate for daily 2 hours from

21-6-93. Exhibit W- 1(b) workman was offered casual

appointment from 17-4-95 to 16-6-95. Exhibit M-1 shows

workman was engaged for 13 days as waterman from 17-4-93.

He was paid wages at Rs. 48/- per day. Workman was engaged

as waterman in June 93, July 93, October 93, December 93,

February 94, April 94. The vouchers about payment of wages

are produced. The documents received by workman under

RTI Act are produced at Exhibit W-2 shows engagement of

workman as waterman for above said period only. Any

document is not produced about engagement of workman as

waterman after May 95. The documents at page 14 to 52

produced with Exhibit W-2 are w.r.t. typing charges, computec

services. The pleading and evidence of workman are silent

about Ist party workman working with computec services.

9. Workman filed additional affidavit in order to prove

Exhibit W-2. In his cross-examination workman says he did

not pay attention whether he received appointment letter in

May 96. He was engaged during summer season for two

months is denied. He also denies suggestion that he not

completed 240 days continuous service. Workman is alleging

termination of his service from 3-5-98. However witness No.2

of Ist party says workman was working till December 98

therefore his evidence can hardly be believed. The documents

produced on record donot show that workman was working

with 2nd party after May 96. There is no cogent evidence that

workman was working with 2nd party for continuous 240 days

preceding 12 months of termination of his service therefore

there was no question of paying retrenchment compensation

or compliance of section 25-F of ID Act. For above reasons, I

record my finding in Point No. 1 in Affirmative.

10. In the result, award is passed as under:-

(1) The action of the management of Chief General

Manager, Telecom Bhopal in terminating the

services of Shri Prabhakar Kantalay S/o Shri

Murlidhar Kantalay is proper and legal.

(2) Workman is not entitled to any relief.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 10 flrEcj] 2015

dk-vk- 1830-—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947 dk

14½ dh èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj nh bZ Vh] vkj bZ izkstsDV]

Hkksiky ds izcaèra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp

vuqcaè esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèdj.k

,oa Je U;k;ky;]tcyiqj ds iapkV ¼lanHkZ lañ lhñthñvkbZñVhñ@

,ylh@vkj@118@98½ dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks

09@09@2015 dks izkIr gqvk FkkA

[lañ ,y&40012@116@97&vkbZvkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] MsLd vfèdkjh

New Delhi, the 10th September, 2015

S.O. 1830.—In pursuance of Section 17 of the Industrial

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

publishes the award (I.D. Case No.CGIT/LC/R/118/98) of the

Central Government Industrial Tribunal-cum-Labour Court,

Jabalpur now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the management

of the DET, RE Project, Bhopal and their workman, which was

received by the Central Government on 09/09/2015.

[No. L-40012/116/97-IR(DU)]

P.K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/118/98

Shri Keshav Prasad Shriwas,

S/o Shri Ganesh Prasad Shrivas,

House No. 54,

Behind Old Central Bank Building,

Garha, Jabalpur.

...Workman

Versus

DET

RE Project,

E-3/179, Arera colony,

Bhopal

...Management

3804

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

AWARD

Passed on this 3rd day of August 2015

1. As per letter dated 16-6-98 by the Government of India,

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

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

I.D.Act, 1947 as per Notification No.L-40012/116/97-IR(DU).

The dispute under reference relates to:

"Whether the action of the management of DET, RE

Project, Bhopal in terminating the services of Shri Keshav

Prasad Shriwas, S/o Shri Ganesh Prasad Shriwas w.e.f.

31-10-87 is legal and justified? If not, what relief the

workman is entitled to?"

2. After receiving reference, notices were issued to the

parties. Workman submitted statement of claim at page 4/1

to 4/3. Case of workman is that he was employed by 2nd

party on post of Helper he was posted to work at Bhopal

under control of Non-applicant No.2. He was working

honestly.He was employed from 1-8-86. His services were

discontinued from 31-10-87. He was continuously working

from his initial appointment till his services were discontinued

for more than 240 days during calender year. He acquired

status of regular employee. His discontinuation amounts to

retrenchment. That his services were terminated without

assigning any reasons. There were no complaints against

him. Termination notice was not issued to him. He was not

paid retrenchment compensation. He was not given

opportunity of hearing. No chargesheet was issued neither

enquiry was conducted against him. Permission of

appropriate government was not taken. It is submitted that

his retrenchment is illegal. Principles of first come last go

was not followed.

3. Many workmen whose services were terminated in

similar manner filed various petitions before CAT, Jabalpur

by common judgment in OA411/90 dated 28-8-95.

Management was directed to regularize services of workman

whose services are illegally terminated cancelling order of

termination. It was held that casual labours engaged before

22-6-88 termination order passed without payment of

retrenchment compensation, termination was quashed. On

such ground, workman was praying for reinstatement with

backwages.

4. 2nd party filed Written Statement at page 5/1 to 5/2

opposing claim of workman. 2nd party's case is that reference

is bad as workman never worked with the management of

2nd party, DET Railway Electrification, Bhopal. Workman

was working as Sub-Inspector Store Optical fibre Project.

That Railway Electrification Organisation does not come

under General Manager, Hoshangabad Road, Bhopal.

Workman never worked with Electrification project. The

contentions of workman in his statement of claim are

baseless. That Railway electrification project was short term

project given by Department of Railway to department of

Telecommunication for erection and dismantling of lines and

wires in Bhusawal section. To undertake execution of the

project, office of Director Telecom Railway Electrification

Bhopal was opened. The funds for project were provided by

Railway. On completion, the project was closed. The funds

were exhausted. Office of Director, Telecom RE Bhopal was

closed from 1-5-90. The casual labours as per requirement

were engaged to carry out said project. Management does

not have any project in hand. Workman junior to workman is

not continued. Workman never rendered services with

management. Compliance of provisions of Section 25-F of

ID Act was not required. On such ground, 2nd party prays

reference be answered in its favour.

5. 1st pary workman filed rejoinder at Page 6/1 to 6/3

reiterating his contentions in statement of claim.

6. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the reasons

as below:—

(i) Whether the action of the

In Negative

management of DET, RE

Project,

Bhopal

in

terminating the services of

Shri

Keshav

Prasad

Shriwas, S/o Shri Ganesh

Prasad Shriwas w.e.f.

31-10-87 is legal and

justified?

(ii) If not, what relief the

As per final order.

workman is entitled to?"

REASONS

7. Workman is challenging termination of his service for

violation of Section 25-F of ID Act. Management of 2nd

party denied his claim. Workman filed affidavit of his evidence

supporting his claim in statement of claim that he was

employed by DET(RE) Project, Deptt. of Telecom on post of

Helper. He was posted at Bhopal. He worked from 1-8-86 to

31-10-87 continuously without any break. He worked more

than 240 days in a calendar year. In his cross-examination,

workman says he was working as daily wager in Re Project.

He was doing work of digging ditches, laying cables and

erecting poles. He denies that after project was completed,

his services were terminated. In case of appointment of

regular employee, the names are sponsored through

Employment Exchange. His name was not sent through

Employment Exchange. He says that he was interviewed.

Workman has produced Exhibit W-1 personal record of his

service. Working days of workman shown in it almost all the

days in a month from August 1986 to January 87, 28 days in

Feb-87, 24 & 7 days in March 1987 and all the days in month

of May 87 to October 87. Workman also examined witness

Shri Golkar Prasad Sen. He has supported claim of workman

during 1986-87, he was working in Telecom Office, Bhopal.

Workman was working in department. In working record

Book Exhibit W-1-the entries are written in his handwriting

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3805

are correct. In his cross-examination, said witness says

service record W-1 is of Re Project. He admits that workman

Keshav Prasad was daily wage employee. He admits that

working of OFC Deptt. is different from BSNL. OFC is branch

of BSNL. He was working as Sub Inspector, RE, the service

record Exhibit W-1 was prepared by the office. He was not

working as Asstt. Engineer. He denies that in Column 5 of

Exhibit W-1, except him, other person were not authorized to

sign. He denies that he wrongly signed in column-6. Witness

explained that he was authorized to sign as Director by AE.

The evidence of witness that he had taken entries in Exhibit

W-1 is not shattered.

8. The evidence of management's witness Wasudeo

Lanjewar is on the point that workman never worked under

Divisional Engineer, RE Project, Bhopal. The project work

was of short term. Divisional Engineer, Bhopal carried out

the work for protection of telecom affected due to

electrification by Railway Deptt. said work was under control

of Chief General Manager, RE Project. Workman never

rendered his services in Railway Electrification project,

Bhopal. Management's witness in his cross examination says

that he has stated that workman did not work in his unit and

not in the department. Presently the management's witnesses

was working in DRE, New Delhi. He claims ignorance in

which unit workman was working. He claims ignorance about

the workman. He had come as a witness regarding working

in his unit and not the department. He was working for some

days in the unit where workman was working. Again he

corrected that he did not work in that unit. He had seen order

of reference. RE Project, Bhopal is his unit. Workman did not

work with said unit. He claims ignorance whether about reply

filed before ALC. He knows about working in his unit and

not the department. Asstt. Engineer, optical fibre was not his

unit. It is part of OFC, he claims ignorance about office of

OFC Project. That OFC project and DET were different. He

claims ignorance about the officers of OFC Project. In Exhibit

W-1, on Ist page, department of Telecom Railway

Electrification project is written in bold letters. It is clear that

work was given to the department of Telecommunication by

Railway Electrification Project. If evidence of workman

corroborated by evidence of his witness is considered and

compared with the evidence of management's witness

evidence of management's witness is not cogent.

Management's witness has admitted that workman was

working in Telecom Project, OFC unit. Order of reference is

not challenged by 2nd party. From entries in Exhibit W-1, it is

established that workman completed more than 240 days

continuous service. Workman was terminated without notice,

retrenchment compensation was not paid to him. Workman

was engaged on daily wagers. After completion of 240 days

continuous service, compliance of Section 25-F was

necessary. As services of workman are terminated without

notice, retrenchment compensation is not paid to him,

termination of workman is illegal. For above reasons, I record

my finding in Point No. 1 in Negative.

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

termination of services of workman is illegal, question remains

as to whether workman is entitled for reinstatement with

backwages.

10. Learned counsel for 1st party Shri A.K. Shashi relies

on ratio held in

Case of Ramesh Kumar versus State of Haryana reported

in 2010(2) SCC-543. Their Lordship dealing with termination

of casual employees in violation of Section 25-F of ID Act

held in case of termination of casual employee what is required

to be seen is whether he has completed 240 days of service

in preceding 12 months or not. If he has then his service

cannot be terminated without giving notice or compensation

in lieu of it in terms of Section 25-F. Though appointment on

public post cannot be made in contravention of recruitment

rules and constitutional scheme of employment, contention

that initial appointment of appellant was contrary to

recruitment rules and constitutional scheme of employment

was not raised either before Labour Court or High Court at

the first instance. Appellant had not prayed for regularization

but only for reinstatement. Their Lordship upheld Labour

Court's direction for reinstatement with continuity of service

and regularization.

In present case, there is no evidence that similarly situated

persons are reinstated or regularised. Therefore ratio held in

the case cannot be applied to present case at hand.

Reliance is also placed on ratio held in case of Harinandan

Prasad and another versus management of FCI and others

reported in 2014-II-LLJ-54(SC). Their Lordship held direction

for regularization impermissible, if there are no posts

available. When similarly situated workmen are regularised

by employer itself under some scheme and workmen in

question are at par with them, direction of regularization in

such cases legally justified. Ist appellant was not in service

on date when scheme promulgated as his services were

dispensed with 4 years before the circular.

In present case, workman has not pleaded anything about

the scheme neither he has claimed regulaization under any

claim therefore the ratio cannot be applied to present case at

hand.

Reliance is also placed in Tapash Kumar Paul versus BSNL

reported in 2014-AIR-SC-5816. My attention was drawn to

para-6 of the judgment. Their Lordship observed it is no

doubt true that a Court may pass an order substituting an

order of reinstatement by awarding compensation but the

same has to be based on justifiable grounds i.e. (1) where

the industry is closed, (ii) where the employee has

superannuated or going to retire shortly and no period of

service is left to his credit, (iii) where the workman has been

rendered incapacitated to discharge the duties and cannot

be reinstated.

The daily wagers calim is not dealt with above judgment.

11. On the point Shri R.S.Khare relies on ratio held in

Case of Asstt. Engineer, Rajasthan Development

3806

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

Corporation and another versus Giram Singh reported in

2013(2) SCC(L&S) 369. Their Lordship dealing with Section

25-F, Section 11 of ID Act w.r.t. daily rated workers from

termination held factors to be taken into account while

granting consequential relief. Distinction should be drawn

between daily rated worker and worker holding regular post.

Service of daily wager who worked for short period of 240

days only terminated by employer in 1991 in contravention

of Section 25-F Labour Court awarded reinstatement with

continuity in service with 25% back wages. Award not

interfered with by Single Judge and Division Bench of High

court held exercise of judicial discretion suffers from serious

infirmity and compensation Rs.50,000 was allowed.

Next reliance is placed on ratio held in case of Secretary,

state of Karnataka and others versus Umadevi(3) and others

reported in 2006(4) SCC-1. In present case, workman has

not claimed regularization. That the termination in violation

of Section 25-F was not under consideration in Umadevi's

case therefore ratio held in case cannot be beneficially

applied to case at hand.

In case of MP State Agro Industries Development

Corporation Ltd. and another versus S.C.Pandey reported

in 2006(2) SCC-716. Their Lordship dealing with daily wager

employees held daily wager does not held the post as he is

not appointed in terms of the provisions of the Act and

rules framed thereunder and therefore he doesnot derive

any legal right.

12. Shri A.K.Shashi produced copy of award in R/88/01.

From careful reading of the above said award, it is clear

that the proved misconduct against workman was

assaulting superior, beating him by shoes etc. The facts of

present case are not comparable.

13. The evidence of workman is clear that his name was

not sponsored through Employment Exchange. He was

working on daily wages. Therefore the ratio held in above

case cannot be applied. Workman was working hardly for

14 months on daily wages. Reinstatement of workman

would not be justified, compensation Rs. 25,000/- would

be appropriate. Accordingly I record my finding in Point

No. 2.

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

(1) The action of the management of DET, RE Project,

Bhopal in terminating the services of Shri Keshav

Prasad Shriwas, S/o Shri Ganesh Prasad Shriwas

w.e.f. 31-10-87 is not proper and legal.

(2) 2nd party is directed to pay compensation

Rs. 25,000 to the workman.

Amount as per above order shall be paid to workman

within 30 days from the date of notification of award. In

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

from the date of award till its realization.

R.B. PATLE, Presiding Officer

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[lañ ,y&40012@224@94&vkbZvkj¼Mh ;w½]

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New Delhi, the 10th September, 2015

S.O. 1831.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (I.D. Case No. CGIT/LC/R/12/

96) of the Central Government Industrial Tribunal-Cum-

Labour Court, Jabalpur now as shown in the Annexure in

the Industrial Dispute between the employers in relation to

the management of the Bharat Sanchar Nigam Limited,

Jabalpur and their workman, which was received by the

Central Government on 09/09/2015.

[No. L-40012/224/94-IR(DU)]

P.K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/12/96

Shri Ram Sevak Kori,

Through Secretary,

Council of Trade Union,

1123, Wright Town,

In front of Telegraph Gate No. 3,

Jabalpur (MP)

...Workman/Union

Versus

General Manager,

BSNL, 1123, Wright Town.

In front of Telegraph Gate No. 3,

Jabalpur

...Management

AWARD

Passed on this 18th day of August, 2015

1. As per letter dated 27-28/12/95 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 ID. Act, 1947 as per Notification No. L-40012/

224/94-IR-DU). The dispute under reference relates to:

"Whether the action of the General Manager, Telecom,

Wright Town, Jabalpur (MP) in not regularizing but

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3807

terminating the services of Shri Ram Sevak Kori, S/o

Shri Parsadilal Kori, Ex. Mazdoor w.e.f. 31-7-94 is legal

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

for?"

2. After receiving reference, notices were issued to the

parties. Ist party workman submitted statement of claim at

Page 4/1 to 4/3. Case of workman is that he has passed HSc

examination of MP Board Sehora in Jabalpur District. He

was appointed as Electrical maintenance labour category

in February, 1988. He was continuously working without

break from 16-2-94. After giving rest of 12 days, workman

was again called to work till 10-8-94. Thereafter his services

were discontinued. That other junior colleagues were

continued in service even after discontinuation of the

workman. That his service record was unblemished. Any

enquiry was not initiated against him.

3. Workman was appointed as casual labour in 1988. He

worked more than 6 years. His demand for regularization

was turned down on the ground that he should not indulge

in leadership that instead of regularizing his services as

labour or electrician, workman was discontinued. That there

are various circulars to the effect that any employee who is

working prior to 1990 should be regularized.

4. 2nd party management filed Written Statement at page

9/1 to 9/2 opposing claim of the workman. 2nd party submits

that workman was engaged as casual labour due to the

extension of telecom service in State of MP. The services

of workman were required for job of temporary nature. He

was engaged subject to availability of work. That workman

was not engaged continuously. For first time, he was

engaged in 1992. He rendered service for 220 days, in 1993

for 365 days, in 1994 for 31 days. Workman failed to report

for work therefore he was marked engaged afterwards.

Workman was not terminated. He himself failed to report to

work. That workman could not be granted temporary status

as per scheme framed by the department. Temporary status

of casual labour engaged prior to March, 1985 or 1988,

workman is not covered by the scheme. He is not entitled

for temporary status. That Section 25-F of ID Act is not

affected as the action of management doesnot amount to

retrenchment. On such ground, 2nd party submits that

dispute be answered in its favour.

5. After recording evidence, the reference was decided

by my predecessor passing award on 2-8-01 holding that

workman was not entitled to relief claimed by him. Said

award was challenged by workman filing Writ Petition

727/02. The Writ Petition was allowed in favour of workman

directing reinstatement without back wages. The directions

were also given to the management to consider his case for

temporary status in terms of the scheme within six months.

The judgment in above Writ Petition was challenged by

management filing MCC-556/2006. Considering raito in

various cases, the matter is remanded to this Tribunal

setting aside award.

6. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

(i) Whether the action of the

In Negative

General Manager, Telecom,

Wright Town, Jabalpur

(MP) in not regularizing but

terminating the services of

Shri Ram Sevak Kori, s/o

Shri Parsadilal Kori, Ex.

Mazdoor w.e.f. 31-7-94 is

legal and justified?

(ii) If not, what relief the

As per final order.

workman is entitled to?"

REASONS

7. The matter is remanded by Hon'ble High Court setting

aside judgment of Single bench in Writ petition 727/02

observing that affidavit and statement by itself is not

sufficient. The order dated 3-12-05 directing reinstatement

of workman. The matter has been remanded back for

decision by this Tribunal.

8. Workman has filed affidavit of his evidence workman

has stated that he rendered services for 298 days as casual

labour in 1988. He worked for 273 days in 1989. After

completion of table work in March 1990, he was transferred

to TTC Campus, Ridge Road, Jabalpur from 1-4-90 to

3-4-92, he was regular in department, he was again

transferred to EDM office, Jabalpur in 1992. He worked for

312 days during May 92 to March 93 and 306 days during

April 93 to Jan. 94. In his further evidence, workman says

on 26-11-05, he had submitted application in office Exhibit

W-1. That circular Exhibit W-2 was issued by Account

Officer. Circular Exhibit W-3 was issued by Assistant

Engineer. In his cross-examination, workman says he was

engaged for work of laying the cables. After said work was

completed, his services were discontinued. From Exhibit

W-1, name of receiving person is not mentioned. That

certificate Exhibit W-2 was issued on his application, copy

of application is not produced on record. In Exhibit W-3,

the date of issuing and name of issuing Authority is not

mentioned. Workman denied that Exhibit W-3 is forged

document. That document Exhibit W-4 was prepared on

his requies. The careful perusal of documents Exhibit W-1

shows endorsement made by some authority on 26-11-05,

Exhibit W-2 shows that workman had worked for 312 days

from May, 92 to March 93,306 days from April, 93 to January,

94. The certificate of working Exhibit W-3 issued by Asstt.

Engineer shows that workman was working for 2 years

from 1-4-90 to 30-4-92, Exhibit W-4 also shows his working

days 290 days in 1988, 273 days in 1989, 69 days in 1990.

9. The evidence of workman is also supported by Co-

employee Omprakash Sharma that workman completed more

3808

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

than 240 days during each of the year 1988 to 1994. Witness

No. 2 of Ist party in his cross-examination says his affidavit

was filed 2 years before his cross-examination. That he

was working in Telecom department presently known as

BSNL. He claim ignorance whether workman Ramsevak

was given appointment letter. He was unable to tell whether

workman was engaged on daily wages and wages were

paid at end of the month workman was working with him

from 1992. His services were terminated in 1994. He had

seen documents of workman. Witness was unable to tell

whether workman had worked in the year 1995. Evidence

of workman is corrborated by evidence of his witness as

well as documents Exhibit W-1 to W-4.

10. 2nd party management has admitted in Written

Statement in Para 3 that workman had worked for 222 days

in 1992, 365 days in 1993. The evidence of workman is

corroborated by document and supported by evidence of

his witness. It is sufficient to establish that workman had

worked continuously more than 240 days preceding his

termination.

11. Management did not adduce any evidence. It was

submitted that management is not desiring to adduce

evidence as per ordersheet dated 4-3-2014. As services of

workman are terminated without notice despite the workman

had completed 240 days continuous service is in violation

of Section 25-F of ID Act. I record my finding in Point

No. 1 in Negative.

12. Point No. 2—In view of my finding in Point No. 1,

services of workman are terminated in violation of Section

25-F of ID Act, question is whether workman is entitled for

reinstatement with backwages. On the point Shri A.K.

Shashi counsel for Ist party relies on ratio held in

Case of Maharashtra State Board of Secondary and

Higher Secondary Education Amravati and another versus

Sanjay Krishnarao Shrungare reported in 2008-II CLR 301.

The ratio held in the case relates to unfair labour practice

under Maharashtra Recognition of Trade Unions and

Prevention of unfair labour practices Act, 1971. Their

Lordship held that best possible evidence with the appellant

on the point of total service put in by the respondents not

brought on record by the appellant. Appellant has to blame

itself for this failure on its part.

Even in present case, management has not brought any

evidence about the service period of workman.

In case of Tapash Kumar Paul versus BSNL reported in

2014 AIR SCW 5816. Their Lordship held that it is no doubt

that Court may pass an order substituting an order of

reinstatement by awarding compensation but the same has

to be based on justifiable grounds i.e. (1) where the industry

is closed, (ii) where the employee has superannuated, (iii)

where the workman has been rendered incapacitated to

discharge the duties and cannot be reinstated, (iv) when

he has lost confidence of the management to discharge

duties.

In above cited case, the point was not under

consideration w.r.t. engagement of casual employees on

daily wages. The copies of awards in R/26/93, R/88/01 are

also brought to my notice. Each reference requires to be

decided considering evidence on its record. In present

case, workman was engaged as casual employee on daily

wages. He reinstatement with backwages would not be

justified.

13. Reliance is placed by Shri R.S. Khare, counsel for

management in.

Case of Assistant Engineer, Rajasthan Development

Corporation versus Gitam Singh reported in 2013(2) SCC

(L&S) 369. Their Lordship held distinction should be drawn

between daily rated workman and worker holding regular

post, their Lordship allowed compensation Rs. 50,000?-

Reliance is also placed in ratio held in case of Secretary,

State of Karnataka and others versus Umadevi and others

reported in 2006(4) SCC-1. In case of Umadevi, point about

violation of Section 25-F of ID Act was not involved

therefore ratio held in case cannot be applied to present

case at hand.

Considering workman was engaged as casual employee

working for about 6 years with 2nd party, his services are

terminated in violation of Section 25-F of ID Act,

compensation Rs. 1,00,000(One Lakh) would be appropriate.

Accordingly I record my finding in Point No. 2.

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

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

Wright Town, Jabalpur (MP) in not regularizing

but terminating the services of Shri Ram Sevak

Kori, S/o Shri Parsadilal Kori, Ex. Mazdoor w.e.f.

31.7.94 is not proper and legal.

(2) 2nd party is directed to pay compensation

Rs. 1,00,000/- to the workman.

Amount as per above order shall be paid to workman

within 30 days from the date of notification of award. In

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

from the date of award till its realization.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 10 flrEcj] 2015

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3809

New Delhi, the 10th September, 2015

S.O. 1832.—In pursuance of Section 17 of the Industrial

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

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

314/99) of the Central Government Industrial Tribunal cum

Labour Court, Jabalpur now as shown in the Annexure in

the Industrial Dispute between the employers in relation to

the management of the Department of Telecommunication,

Bhopal and their workman, which was recieved by the

Central Government on 09/09/2015.

[No. L-40012/239/99-IR (DU)]

P.K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL CUM-LABUR COURT,

JABALPUR

NO. CGIT/LC/R/314/99

Shri Wahid Hussain,

C/o Mohd. Ismail,

Behind Pipal Paththa Masjid,

Peenjarwarhi,

Shajapur,

Distt. Bhopal

...Workman

Versus

Chief General Manager,

Deptt. of Telecommunication,

Hoshangabad Road,

MP Circle, Bhopal.

...Management

AWARD

Passed on this 19th day of August 2015

1. As per letter dated 21-10-99 by the Government of

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

received. The reference is made to this Tribunal under

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

239/99-IR(DU), The dispute under reference relates to:

"Whether the action of the management of Chief General

Manager, Telecom in terminating the services of

Shri Wahid Hussain w.e.f. 26-3-99 is justified? If not, to

what relief the workman is entitled?"

2. After receiving reference, notices were issued to the

parties. Workman submitted statement of claim at page 2/1

to 2/4. Case of workman is since August 1984, he was

working as labour in Sub Divisional Engineer, Telecom

Shajapur. Engagement of casual labour was approved by

AGM Administrative, therefore large number of casual

labours were engaged in the Telecom Deptt. Hon'ble Apex

have introduced scheme for regularization of casual labours

as per judgment in AIR-1987-SC-342. That the scheme was

introduced from 7-11-89. Workman claim that he is entitled

for regularization as per said scheme. Instead of regularizing

his services, workman was orally terminated on 31-3-99 in

violation of Section 25-F of ID Act. Permission of

Government was not taken. He completed 240 days

continuous service. Workman was not paid retrenchment

compensation. He was paid Rs. 1200 pm less than minimum

wages prescribed. Workman submits that he was subjected

to exploitation. On such ground, workman prays for his

reinstatement with backwages.

3. 2nd party filed Written Statement at Page 4/1 to 4/2

opposing claim of the workman. 2nd party reiterates that

workman was never engaged by the management. No

dispute arise. Workman was not appointed by management.

There is no question of his regularization, termination of

workman in violation of Section 25-F of ID Act is denied. It

is denied that workman worked more than 240 days.

4. Considering pleadings on record, the point which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

(i) Whether the action of the

In Negative

management of Chief

General Manager, Telecom

in terminating the services

of Shri Wahid Hussain w.e.f

26-3-99 is justified?

(ii) If not, what relief the

As per final orders.

workman is entitled to?"

REASONS

5. Is party filed affidavit of his evidence stating that he

was appointed as labour in August 1984. He worked till

May 1985. He worked till May 1985. He was taken back to

work in March 1987 under control of SDO Shajapur where

he worked till March 1995. That in conciliation proceeding

before ALC, management's witness had admitted workman

had continuously worked more than 240 days. He was not

paid retrenchment compensation. In his cross workman

says the post was not advertised. He was engaged as casual

labour. His name was not sponsored through Emloyment

Exchange. Appointment letter was given to him as casual

labour in 1987. He would produce said document. However

the document is not produced. Zerox copy of ID Card is

produced. Management has not admitted it. Workman not

laid valid evidence to prove said document.

6. Management's witness Bhagchand in his affidavit of

evidence says workman was labour engaged by

management. He is not entitled for regularization. In his

cross-examination management's witness says he is

working at Shajapur as SDE Legal from May 2011. He did

not recollect the names of SDO with whom casual labours

were working. He had seen old muster roll before filing his

affidavit, Name of workman was not found in it. The witness

of management was unable to produce the muster rolls for

the year 1984-85. Casual employees working in 1984-85

scheme for regularization was introduced. Workman was

not paid retrenchment compensation. Suggestion is denied

3810

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

that workman had completed more than 240 days

continuous service till 1985. any record about his working

is not produced. Application for production of documents

was submitted by workman on 26-6-03. As per ordersheet

dated 22-11-04, management was directed to produce

documents. However no documents are produced. When

management has not produced documents, adverse

inference deserves to be drawn against the management,

the document should have been produced, same would

have supported the claim of workman that he had worked

more than 240 days. The services of workman are terminated

without notice, retrenchment compensation is not paid to

him. Therefore I record my finding in Point No. 1 in

Negative.

7. Point No. 2-workman was engaged as casual labour

1987 to 1999. Post was not advertised. Instead of

reinstatement with backwages awarding reasonable

compensation would be appropriate. Considering the case

compensation Rs. 2 Lakh would be reasonable.

Accordingly I record my finding in Point No. 2.

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

(1) The action of the management of Chief General

Manager, Telecom in terminating the services of

Shri Wahid Hussain w.e.f 26-3-99 is not proper

and legal.

(2) 2nd party is directed to pay compensation Rs. 2

Lakhs to the workman.

Amount as per above order shall be paid to workman

within 30 days from the date of notification of award. In

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

from the date of award till its realization.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 10 flrEcj] 2015

dk-vk- 1833-—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947

dk 14½ dh èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj bZlh,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 ,oa

Je U;k;ky;] vlulksy ds iapkV ¼lanHkZ lañ 73@2005½ dks izdkf'kr

djrh gS]] tks dsUnzh; ljdkj dks 10@09@2015 dks izkIr gqvk FkkA

[lañ ,yµ22012@343@2004µvkbZ vkj ¼lh,e&II½]

jktsUnz flag] vuqHkkx vfèdkjh

New Delhi, the 10th Septemer, 2015

S.O. 1833.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 73/2005) of the

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

shown in the Annexure in the Industrial Dispute between

the management of M/s. Eastern Coalfied Limited, and their

workman, received by the Central Government on

10.09.2015.

[No. L-22012/343/2004-IR(CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, ASANSOL

PRESENT:

Sri Pramod Kumar Mishra,

Presiding Officer

REFERENCE NO. 73 OF 2005

PARTIES:

The management of Chinakury Colliery of M/s. ECL

Vs.

Sri Dharam Bouri

REPRESENTATIVES:

For the management:

Shri P.K. Das, Ld. Adv. (ECL)

For the union (Workman):

Sri R.K. Tripathi,

General Secretary (KMC)

INDUSTRY: COAL

STATE: WEST BENGAL

Dated: 18.08.15

AWARD

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

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

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

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

343/2004-IR(CM-II) dated 21.07.2005 has been pleased to

refer the following dispute for adjudication by this Tribunal.

SCHEDULE

"Whether the action of the management of Chinakury

Colliery in dismissing Sri Dharam Bouri, DOSCO Face

Worker from services w.e.f. 01.11.2003 is legal and

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

to and from which date?"

Having received the Order No. L-22012/343/2004-IR(CM-

II) dated 21.07.2005 of the above said reference from the

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

adjudication of the dispute, a reference case No. 73 of 2005

was registered on 17.08.2005 and accordingly an order to

that effect was passed to issue notices through the

registered post to the parties concerned directing then to

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

statements along with the relevant documents and a list of

witnesses in support of their claims. In pursuance of the

said order notices by the registered post were sent to the

parties concerned.

Case called out. Sri R.K. Tripathi, General Secretary of

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

none appears on behalf of the management.

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3811

Sri Tripathi files a petition praying therein that the case

may be closed as the workman is no more interested to

proceed with the case further. Since the workman is not

interested to proceed with the case further and the case is

also 10 years old. I think it just and proper to close the

case. As such the case is closed and accordingly a "No

Dispute Award" may be passed.

ORDER

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

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

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

The reference is accordingly disposed of.

PRAMOD KUMAR MISHRA, Presiding Officer

ubZ fnYyh] 10 flrEcj] 2015

dk-vk- 1834-—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947

dk 14½ dh èkjk 17 ds vuqlj.k esa dsUæh; ljdkj bZlh,y ds

izcaèra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqcaè esa

fufnZ"V vkS|ksfxd fookn esa dsUæh; ljdkj vkS|ksfxd vfèdj.k@Je

U;k;ky;] vlulksy ds iapkV ¼lanHkZ la[;k 93@2005½ dks izdkf'kr

djrh gS] tks dsUæh; ljdkj dks 10@09@2015 dks izkIr gqvk FkkA

[lañ ,y&22012@305@2004&vkbZvkj ¼lh,e&II½]

jktsUnz flag] vuqHkkx vfèdkjh

New Delhi, the 10th Septemer, 2015

S.O. 1834.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. 93/2005) of the

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

shown in the Annexure in the Industrial Dispute between

the management of Kuardih Colliery of M/s. ECL, and their

workman, received by the Central Government on

10.09.2015.

[No. L-22012/305/2004-IR(CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, ASANSOL

PRESENT :

Sri Pramod Kumar Mishra, Presiding Officer

REFERENCE NO. 93 OF 2005

Parties:

The management of Kuardih Colliery of M/s. ECL

Vs.

Late Amiya Kumar Mishra

REPRESENTATIVES:

For the management:

P.K. Goswami,

Ld. Advocate (ECL)

For the union (Workman):

None

INDUSTRY: COAL

STATE: WEST BENGAL

Dated: 17.08.15

AWARD

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

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

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

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

305/2004-IR(CM-II) dated 04.08.2005 has been pleased to

refer the following dispute for adjudication by this Tribuanl.

SCHEDULE

"Whether the action of the management of Kuardih

Colliery of M/s. Eastern Coalfield Limited in not

considering the retirement dated as 30.09.1997 in

respect of Late Amiya Kumar Mishra is legal and

justified? If not, to what relief the dependent of the

deceases are entitled?"

Having received the Order No. L-22012/305/2004-IR

(CM-II) dated 04.08.2005 of the above said reference from

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

adjudication of the dispute, a reference case No. 93 of 2005

was registered on 17.08.2005 and accordingly an order to

that effect was passed to issue notices through the

registered post to the parties concerned directing them to

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

statements along with the relevant documents and a list of

witnesses in support of their claims. In pursuance of the

said order notices by the registered post were sent to the

parties concerned.

Case called out. Both the parties are absent.

On perusal of the case record find that the Union

appeared at the tribunal only on 08.05.2006 and 07.02.2007

through their advocate Mr. Sayantam Mukherjee. But after

that the union neither appeared nor file written statement.

1st notice was issued to the union on 01.09.2005 and 18

dates were granted. 2nd notice was issued on 29.05.2009

and 17 dates were granted after that. 3rd notice was issued

on 05.12.2011 and 3 dates were granted. 4th notice was

issued on 24.05.2012 and 10 dates were granted. Last notice

was issued on 15.10.2014 and 3 dates were granted. This a

case of the year 2005 and 51 opportunities were granted to

the workman but all in vain. It seems that the workman is

not at all interested to proceed with the case from the

beginning. Had he been interested with the case he ought

3812

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

to have filed written statement within 10 years. Even he

could file his written statement when the post of Presiding

Officer was vacant.

Under the circumstances explained above I think it

proper and justified to close this old reference. Hence the

reference case is closed and accordingly a "No Dispute

Award" may be passed.

ORDER

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

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

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

The reference is accordingly disposed of.

PRAMOD KUMAR MISHRA, Presiding Officer

ubZ fnYyh] 10 flrEcj] 2015

dk-vk- 1835-—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947

dk 14½ dh èkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj bZlh,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;] vlulksy ds iapkV ¼lanHkZ la[;k 21@2006½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 10-09-2015 dks izkIr gqvk FkkA

[lañ ,y&22012@110@2005&vkbZ vkj ¼lh,e&II½]

jktsUnz flag] vuqHkkx vfèdkjh

New Delhi, the 10th September, 2015

S.O. 1835.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 21/2006) of the

Central Government Industrial Tribunal-cum-Labour Court,

Asansol as shown in the Annexure, in the Industrial dispute

between the management of M/s. Eastern Coalfields

Limited, and their workmen, received by the Central

Government on 10.09.2015.

[No. L-22012/110/2005-IR (CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

ASANSOL

PRESENT:

Sri Pramod Kumar Mishra,

Presiding Officer

REFERENCE NO. 21 OF 2006

PARTIES:

The management of Dhemomain Colliery of M/s. ECL

Vs.

Sri Naurangi Nonia

REPRESENTATIVES:

For the Management :

Shri P.K. Goswami,

Ld. Adv. (ECL)

For the Union (Workman) : Shri Kuldip Mahato,

Jt.Secy., KMC

Industry :

Coal

State :

West Bengal

Dated: 19.08.2015

AWARD

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

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

Industrial Disputes Act, 1947 (14 of 1947) Government of

India through the Ministry of Labour vide its letter No.

L-22012/110/2005-IR (CM-II) dated 11.07.2006 has been

pleased to refer the following dispute for adjudication by

this Tribunal.

SCHEDULE

"Whether the action of the management of

Dhemomain Colliery under Sodepur Area of M/s. ECL

in not regularizing the services of Shri Naurangi

Nonia, Surface Trammer as Security Guard since 1999

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

is entitle to?"

Having received the Order No. L-22012/110/2005-IR

(CM-II) dated 11.07.2006 of the above said reference from

the Government of India, Ministry of Labour, New Delhi

for adjudication of the dispute, a reference Case No. 21 of

2006 was registered on 09.08.2006 and accordingly an order

to that effect was passed to issue notices through the

registered post to the parties concerned directing them to

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

statements along with the relevant documents and a list of

witnesses in support of their claims. In pursuance of the

said order notices by the registered post were sent to the

parties concerned.

Cases called out. Shri Kuldip Mahato, Joint, Secretary

of the Union (Koyla Mazdoor Congress) appears on behalf

of the workman and Shri P.K. Goswami, Learned Advocate

appears on behalf of the management (ECL).

Shri Mahato has made an endorsement on the order

sheet that the workman does not want to proceed with the

case because he has been regularized by the management.

Since the workman has been regularized, no dispute exists

between the parties. As such the case is closed and a 'No

Dispute Award' may be passed accordingly.

ORDER

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

existing. Send the copies of the order to the Government of

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3813

India, Ministry of Labour, New Delhi for information and

needful. The reference is accordingly disposed of.

PRAMOD KUMAR MISHRA, Presiding Officer

ubZ fnYyh] 10 flrEcj] 2015

dk-vk- 1836-—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947

dk 14½ dh èkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj fpukdqjh dksy;jh

bZlh,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;] vklulksy ds iapkV ¼lanHkZ la[;k

128@2005½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 10-09-

2015 dks izkIr gqvk FkkA

[lañ ,y&22012@39@2005&vkbZvkj ¼lh,e&II½]

jktsUnz flag] vuqHkkx vfèdkjh

New Delhi, the 10th September, 2015

S.O. 1836.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 128/2005) of the

Central Government Industrial Tribunal-cum-Labour Court,

Asansol as shown in the Annexure, in the Industrial dispute

between the management of Chinakury Colliery of M/s

ECL, and their workmen, received by the Central

Government on 10.09.2015.

[No. L-22012/39/2005-IR (CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, ASANSOL

PRESENT :

Shri Pramod Kumar Mishra,

Presiding Officer

REFERENCE NO. 128 OF 2005

PARTIES :

The Management of Chinakury Colliery of M/s. ECL

Vs.

Shri Dulal Bouri

REPRESENTATIVES :

For the management :

Shri P.K. Das, Ld. Adv. (ECL)

For the Union (Workman) : Shri S.K. Pandey,

General Secretary (CMC)

Industry :

Coal

State :

West Bengal

Dated : 19.08.2015

AWARD

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

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

Industrial Disputes Act, 1947 (14 of 1947), Government of

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

22012/39/2005-IR (CM-II) dated 01.12.2005 has been pleased

to refer the following dispute for adjudication by this

Tribunal.

SCHEDULE

"Whether the action of the management of Chinakury

Colliery under Sodepur Area of M/s Eastern

Coalfields Limited in dismissing Shri Dulal Bouri, R.H.

Crew from service is legal and justified? If not, to

what relief the concerned workman is entitled to?"

Having received the Order No. L-22012/39/2005-IR

(CM-II) dated 01.12.2005 of the above said reference from

the Government of India, Ministry of Labour, New Delhi

for adjudication of the dispute, a Reference Case No. 128

of 2005 was registered on 23.12.2005 and accordingly an

order to that effect was passed to issue notices through

the registered post to the perties concerned directing them

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

written statements along with the relevant documents and

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

of the said order notices by the registered post were sent

to the parties concerned.

Case called out. Shri S.K. Pandey, General Secretary of

the Union (Colliery Mazdoor Congress) appears on behalf

of the workman and Shri P.K. Das, Learned Advocate

appears on behalf of the management (ECL).

Shri Pandey submits that the workman is not at all

intersted to proceed with the case further. So the case may

be closed. He has also written it on the order sheet.

On perusal of the case record I find that this case was

fixed for cross-examination of the witness, Shri Dulal Bouri

on 25.10.2007 and since 25.10.2007 the workman remains

absent. So I think it proper to close this case. As such the

case is closed and accordingly a 'No dispute Award' may

be passed.

ORDER

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

existing. Send the copies of the order to the Government of

India, Ministry of Labour, New Delhi, for information and

neeful. The reference is accordingly disposed of.

PRAMOD KUMAR MISHRA, Presiding Officer

3814

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

ubZ fnYyh] 10 flrEcj] 2015

dk-vk- 1837-—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947

dk 14½ dh èkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj frl xkSjk lc

,fj;k MCY;wlh,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;] tcyiqj ds iapkV ¼lanHkZ la[;k

44@2010½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks

10-09-2015 dks izkIr gqvk FkkA

[lañ ,y&22012@29@2009&vkbZvkj ¼lh&II½]

jktsUnz flag] vuqHkkx vfèdkjh

New Delhi, the 10th September, 2015

S.O. 1837.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 44/2010) of the

Central Government Industrial Tribunal-cum-Labour Court,

Jabalpur as shown in the Annexure, in the Industrial dispute

between the management of Thisgaora Sub Area, WCL,

and their workmen, received by the Central Government on

10.09.2015.

[No. L-22012/29/2009-IR (C-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/44/2010

Shri Santosh Dehariya,

S/o Radheylal, Shivaji Colony,

Shivpuri, Q.No. 384, PO Sirgora,

Tehsil Parasia,

Chhindwara

...Workman

Versus

The Manager,

WCL, Thisgora sub Area,

Pench Area,

PO Parasia,

Distt. Chhindwara

...Management

AWARD

Passed on this 18th day of August, 2015

1. As per letter dated 17.09.2010 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-22012/29/2009-IR (C-II). The dispute under reference

relates to:

"Whether the action of the management of M/s WCL

in terminating the services of Shri Santosh Dehariya

w.e.f. 07.04.1999 is legal and justified? To what relief

is the concerned workman entitled for?"

2. After receiving reference, notices were issued to the

parties. Ist party workman failed to file statement of claim,

he is proceeded exparte on 10.06.2014, 2nd party filed

exparte Written Statement, 2nd party submits that workman

was working as Tub Loader at Thesgora Mines of WCL,

Pench Area. He was habitual absentee. Chargesheet was

issued to the workman on 19-9-98 for misconduct under

clause 26.22, 26.34. workman had refused to do the job

after marking attendance. Shri R.K. Tripathi was appointed

as Enquiry Officer. Enquiry Officer issued memorandum

for hearing of the enquiry on various dates. Workman had

submitted representations. On 12-10-98, workman was

present, no proceeding took place as Management

Representative was absent. Next sitting of enquiry was

held on 28-10-98. Workman was present, management

representative was absent. On 9-12-98, workman was not

present, management representative was present. Enquiry

proceeding was adjourned to 5-1-99. Enquiry was again

adjourned on 10-1-99, 11-1-99, 18-1-99. Management

examined witness Pandari, Verma on 18-1-99. Workman

refused to cross-examine the management's witnesses. The

witnesses were discharged. Enquiry Officer submitted is

report, showcause notice was also issued to workman on

24-3-99. Copy of Enquiry Report was sent to workman along

with showcause notice. Workman failed to submit his

statement of claim. Management submits if enquiry is found

illegal, permission be granted to prove misconduct.

3. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:-

"(i) Whether the action of the

In Affirmative

management of M/S WCL in

terminating the services of

Shri Santosh Dehariya w.e.f.

7-4-99 is legal and justified?

(ii) If not, what relief the

Workman is not

workman is entitled to?"

entitled to any relief.

REASONS

4. Workman has not participated in reference

proceedings, he is proceeded exparte on 10-6-2014.

Management filed Written Statement, affidavit of evidence

of management's witness Shri P.K. Tripathi is filed

supporting contentions of management in Written

Statement. Enquiry conducted against workman. copies of

record of Enquiry proceedings are produced alongwith list.

As workman has failed to participate in reference, evidence

of management's witness cannot be disbelieved. For above

reasons, I record my finding in Point No. 1 in Affirmative.

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3815

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

(1) The action of the management of M/S WCL

in terminating the services of Shri Santosh Dehariya

w.e.f. 7-4-99 is proper and legal.

(2) Workman is not entitled to any relief.

R .B. PATLE, Presiding Officer

ubZ fnYyh] 10 flrEcj] 2015

dk-vk- 1838-—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947

dk 14½ dh èkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj lksgkxiqj ,fj;k

,lbZlh,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;] tcyiqj ds iapkV ¼lanHkZ la[;k 49@2010½

dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 10@09@2015 dks izkIr

gqvk FkkA

[lañ ,y&22012@46@2010&vkbZvkj ¼lh,e&II½]

jktsUnz flag] vuqHkkx vfèdkjh

New Delhi, the10th September, 2015

S.O. 1838.—In pusuance of Section 17 of the Industrial

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

hereby publishes the Award Ref. No. 49/2010 of the as

Cent.Govt.Indus. Tribunal-cum-Labour Court, Jabalpur as

shown in the Annexure, in the industrial dispute between

the management of Sohagpur Area of SECL, and their

workmen, received by the Central Government on

10/09/2015.

[No L-22012/46/2010-IR(CM-II)]

RAJENDER SINGH Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/49/2010

The President/Secretary,

SEKMC(INTUC),

Sohagpur Branch,

PO Dhanpuri,

Shahdol

...Workman/Union

Versus

Chief General Manager,

Sohagpur Are of SECL,

PO Dhanpuri,

Shahdol

...Management

AWARD

Passed on this 20th day of August, 2015

1. As per letter dated 8-11-2010 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/

46/2010-IR(CM-II). The dispute under reference relates to:

"Whether the action of the management of Sohagpur

Area of SECL in transferring Shri Abdul Sattar in the

capacity protected workman and during the pendency

of dispute is legal and justified? To what relief Shri

Abdul Sattar is entitled to?"

2. After receiving reference, notices were issued to the

parties. However workman failed to participate in the

reference proceeding. Reference proceeded exparte against

workman on 16-10-2010.

3. Management filed exparte Written Statement. Case of

management is reference pertains to legality of transfer of

workman (Protected workman). Workman was not

recognised as protected workman. Unless transfer order is

received with malafide intention, the order of transfer cannot

be interfered. Workman Abdul Sattar was working as

accountant and posted at Sohagpur. As per copy of his

appointment order, transfer is one of the condition of

service. On administrative ground, workman was transferred

to Dipila Area, Distt Korba vide order dated 12-1-2010. He

was relieved on 20-1-10. On representation of workman

vide order dated 14-6-2010, the transfer order was kept in

abeyance. Workman was permitted to resume duty at

Sohagpur Area. The transfer of workmen was on

administrative reasons. There is no reason to interfere with

the order of transfer.

4. 2nd party management filed affidavit of witness Manoj

Bhandari supporting contentions in Written Statement. As

workman failed to participate in reference proceeding,

evidence of management's witness remained unchallenged.

Any ground is not made out to interfere with the order of

transfer therefore award is passed as under:—

(1) The action of the management of Sohagpur Area of

SECL in transferring Shri Abdul Sattar in the capacity

protected workman is proper and legal.

(2) Workman is not entitled to any relief.

R .B. PATLE, Presiding Officer

ubZ fnYyh] 10 flrEcj] 2015

dk-vk- 1839-—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947

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

fo|ky; 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;] tcyiqj ds iapkV ¼lanHkZ la[;k 164@2001½

dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 10@09@2015 dks izkIr

gqvk FkkA

[lañ ,y&42012@49@2001&vkbZvkj ¼lh,e&II½]

jktsUnz flag] vuqHkkx vfèdkjh

New Delhi, the10th September, 2015

S.O. 1839.—In pusuance of Section 17 of the Industrial

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

3816

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

hereby publishes the Award (Ref. No. 164/2001) of the

Cent.Govt.Indus. Tribunal-cum-Labour Court, Jabalpur as

shown in the Annexure, in the industrial dispute between

the management of Jawahar Navodaya Vidyalaya, and their

workmen, received by the Central Government on

10/09/2015.

[No L-42012/49/2001-IR(CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/164/2001

Smt. Maya Chowhan,

W/o Subash Chowhan,

Ex-Sweeper-cum-Chowkidar,

Jawahar Navodaya Vidyalaya,

Ward No. 6, PO Waraseoni,

Balaghat.

...Workman

Versus

The Principal,

Jawahar Navodaya Vidyalaya,

Waraseoni, Balabhat

...Management

AWARD

Passed on this 19th day of August, 2015

1. As per letter dated 5-10-01 by the Government of

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

received. The reference is made to this Tribunal under

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

49/2001-IR(CM-II). The dispute under reference relates to:

"Whether the action of the Principal, Jawahar

Navodaya Vidyalaya, Waraseoni, Balghat MP in not

regularizing Smt. Maya Chowhan W/o Subhash

Chowhan, Sweeper-cum-Chowkidar after completion

of 240 days attendance and stopping her from duty

w.e.f. 1-5-2000 is legal and justified? If not, to what

relief she is entitled to?"

2. After receiving reference, notices were issued to the

parties. Workman submitted statement of claim at Pages

9/1 to 9/3. Case of workman is she was appointed as

sweeper-cum-watchman for 89 days as per order dated

31-12-98 one Sudhir Kumar terminated by department on

18-1-01. He had raised dispute under R/2/02. He is taken

back in service and still continued. That she completed

more than 240 days continuous service. Her services are

terminated malafidely. On such ground, workman prays for

her reinstatement with backwages.

3. Written Statement filed at Pages 10/1 to 10/2 opposing

claim of the workman. 2nd party submits that the regular

appointment are made by the Committee following

prescribed procedure. The workman was appointed as

Sweeper-cum-watchman temporarily on daily wages at

Collectorate rate. She worked for 29 days in January, 2000,

31 days in March, 2000 and 30 days in April, 2000. Workman

had not completed 240 days continuous service. One Mr.

Mamta was appointed on compassionate ground as

sweeper-cum-watchman therefore services of workman were

not required. Her services were terminated. On such ground

2nd party submits that claim of workman cannot be allowed.

4. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

"(i) Whether the action of the

In Affirmative

Principal, Jawahar Navodaya

Vidyalaya, Waraseoni, Balghat

MP in not regularizing Smt. Maya

Chowhan W/o Subhash

Chowhan, after completion of

240 days attendance and stopping

her from duty w.e.f. 1-5-2000 is

legal and justified?

(ii) If not, what relief the

Workman is not

workman is entitled to?"

entitled to any relief.

REASONS

5. Though workman raised dispute challenging

termination for violation of Section 25-F of ID Act, she has

not adduced evidence. The document Exhibit W-1 is

appointment for 61 days during March to April 2000. Exhibit

W-1(a) appointment for 89 days from 3-1-00 to 31-3-00.

From those documents, her working days comes to 150

days. Exhibit W-2 is undertaking submitted by workman

not to claim regular post. Opting such undertaking cannot

be appreciated. The workman has failed to establish that

she was continuously working for 240 days. Provisions of

Section 25-F cannot be applied to her case.

6. Learned Counsel for 2nd party pointed out my

attention to the notification dated 17-12-98 issued under

Section 14(2) of Administrative Tribunal Act, 1935.

Navodaya Vidyalaya is mentioned at Sl. No. 45.

7. However the jurisdiction of Labour Court cannot be

taken way by said circular when Ist party workman is

covered under Section 2(s) of ID Act.

8. Management has also not examined any witness in

the case. As workman has not completed 240 days

continuous service, I record my finding in Point No. 1 in

Affirmative.

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

(1) The action of Principal, Jawahar Navodaya Vidyalaya,

Waraseoni, Balghat MP is not regularizing Smt. Maya

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3817

Chowhan W/o Subhash Chowhan, Sweeper cum

Chowkidar afrter completion of 240 days attendance and

stopping her from duty w.e.f. 1-5-2000 is proper and legal.

(2) Workman is not entitled to any relief.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 10 flrEcj] 2015

dk-vk- 1840-—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947

dk 14½ dh èkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ,lbZlh,y ds

izcaèi= 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;] tcyiqj ds iapkV ¼lanHkZ la[;k 72@99½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 10@09@2015 dks izkIr gqvk FkkA

[lañ ,y&22012@97@1998&vkbZvkj ¼lh,e&II½]

jktsUnz flag] vuqHkkx vfèdkjh

New Delhi, the 10th September, 2015

S.O. 1840.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 72/99) of the Cent.

Govt. Indus. Tribunal-cum-Labour court, Jabalpur as shown

in the Annexure, in the industrial dispute between the

management of Gevra Area of SECL, and their workmen,

received by the Central Government on 10/09/2015.

[No. L-22012/97/1998-IR(CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/72/99

The Secretary,

CSMU, Gevra project,

Q.NO. MD 395

Deepika Colony,

Distt. Bilaspur.

...Workman/Union

Versus

Chief General Manager, SECL, Gevra Area,

PO Gevra Project,

Distt. Bilaspur.

...Management

AWARD

Passed on this 18th day of August 2015

1. As per letter dated 27-1-99 by the Government of

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

received. The reference is made to this Tribunal under

Section-10 of I.D. Act, 1947 as per Notification No. L-22012/

97/98-IR(CM-II). The dispute under reference relates to:

"Whether the action of management of Gevra Project

of SECL in denying promotion to Shri Lilaran Gond

from EPF.III to EPF.II is justified? If not, to what relief

she is entitled to?"

2. After receiving reference, notices were issued to the

parties. Ist party workman submitted statement of claim

through Union at Page 6/1 to 6/3. Case of Ist party is that

workman was pointed as trainee Fitter on stipend Rs. 21-16

on 30-11-88. On completion of training period of one year,

he was appointed in Gevra Project of SECL on 3-1-89 as

Fitter Technical. He belongs to ST. Workman appeared in

HSc examination in 1991. However he did not clear said

examination. His performance was very good. Nothing

adverse was informed to him. Said workman is employee in

Class D category. There is nothing like Annual confidential

Reports are written. In 1994, it is notified by the management

that some post of EP Fitter grade II are to be filled up

eligibility for promotion is 4 years experience as EP Fitter

Grade III. As said workman is fulfilling the required criteria,

he has applied for the same post. He was entitled to benefit

of reservation as per policy of Government. Workman was

not allowed promotion. Junior to him like Ompraksh

Bhardwaj, Shivcharan Choudhary, Nandu Baghel

Ramdheen Sahu etc. were promoted to the post of EPF

Grade II. Workman prays benefit of ptomotion and

backwages.

3. Management filed Written Statement at page 8/1 to 8/

2 opposing claim of the workman. 2nd party submits Lilaram

was initially appointed as Fitter Trainee on 3-1-89. It is

denied that he was regularised on the post of Fitter Grade III

on 3-1-99. After completion of training period of one year,

workman was appointed on 3-1-89 on post of Fitter

Grade III. The documents referred by Ist party in statement

of claim are not supplied to the management. In 1994, DPC

was constituted for the post of Fitter Grade II Category VI.

DPC was constituted for the post of Fitter Grade II Category

VI. DPC did not find eligible or suitable for promotion to

the higher grade therefore he was not promoted. The reason

for not promoting workman is his performance reported by

controlling Officer, he is not eligible for ptomotion. It is

denied that workman was eligible for promotion. It is

reiterated that as his Controlling Authority reported not fit

for promotion, DPC did not recommend his name.

Reservation benefit could be considered only if the

workman was found eligible for promotion. It is submitted

that DPC rightly denied promotion to him.

4. Workman filed rejoinder at Page 11/1 to 11/2 reiterating

his contentions in statement of claim.

5. Considering pleading on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

3818

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

(i) Whether the action of the

In Affirmative

management of Gevra Project of

SECL in denying promotion to

Shri Lilaran Gond from EPF. III

to EPF. II is justified?

(ii) If not, what relief the workman

Workman in not

is entitled to?"

entitled to any relief.

REASONS

6. Workman filed affidavit of evidence in support of his

claim covering his contentions in statement of claim.

Workman submits that in 1994, juniors to him were promoted

to DP Fitter Grade II Grade "C" Departmental Committee

did not hold Trade Test. Workman was not selected on the

basis of qualification, oral test and trade test. DPC has

manipulated performance report procured it after selection

process. Out of total vacancy, atleast one post should have

been from ST candidates. DPC did not recommend any ST

candidates. There was no SC ST candidates in the list

prepared by DPC. Total 26 persons had appeared in test

out of performance report of 18 persons were not found

satisfactory. Workman in his cross says he was appointed

as Fitter Grade III on 3.1.89. He was promoted to Fitter

Grade II in 2002. He claims ignorance about the rules

governing his service or cadre scheme. The promotions

are given in the department on recommendations of DPC.

In 2002, he was promoted but not on recommendation of

DPC. In the year 1994, he had appeared before DPC. In the

year 1994, he had appeared before DPC for post of Fitter

Grade-II. He claims that the name was included by DPC in

list of Promotion of candidates. Said document is not

produced on record. He admits that in 1994, DPC did not

recommend his name for Fitter Grade II therefore hes was

not granted promotion.

7. Management's witness Shri K. Shankar Narayanan

filed affidavit of his evidence narrating the details of

constitution of DPC Committee Marks to be allotted out of

40 marks, for qualification 10 marks, oral-15 marks, trade-15

marks. For candidates having matric 10 marks, passing 8th

standard-5 marks, illiterate candidate-2 marks. Qualifying

marks were 20 marks i.e. 50% . The candidates getting less

than 50% marks were not found recommended. That

performance of 18 candidates were not found satisfactory.

Performance of 9 candidates were found satisfactory. They

had secured more than 50% mark were recommended for

promotion. Name of workman is not included among those

9 persons. In his cross-examination, management's witness

says performance report bears signature of Shri R.K. Jaiswal

and Sudhanshu Pradhan marked Exhibit M-2. DPC

performance report was one of the criteria for

recommending. Oral test and other test of the candidates

were taken. It was not necessary to file marksheet therefore

it is not produced. Mr. B.D. Sahay was Dy. General manager.

He was chairman of DPC. He performance report bears

signature of Shri Jaiswal. Performance report was submitted

before DPC meeting. Performance report of Gopal was not

related to the meeting of DPC. The final list by DPC bears

signature of Shri Jaiswal. Management's witness was unable

to tell whether there was quota of reservation categories in

the promotion. He was unable to tell whether there was

any post reserved for ST candidate among the 17

candidates. DPC report is produced at Exhibit M-1. Name

of workman is at Sl. No. 16 of the candidates not found

satisfactory performance and not recommended for

promotion. The performance report Exhibit M-2 produced

by management shows gopalram Sahu was reported unfit

for promotion. Exhibit M-3 performance report of Leelaram

Gond shows that Controlling Officer reported he was not

fit for promotion. By order Exhibit M-4, Jairman Muleti was

promoted as EP Electrician Grade B without monetary

benefits. As per Exhibit M-5 workman Lilaram Gond was

promoted to EP Fitter Grade I on 1.1.06 on recommendation

of DPC. Exhibit M-6 is order of appointment of Lilaram

(workman) dated 30.11.88. As per Exhibit M-7 he was

regularised on post of Fitter Grade III on 1.5.90. Exhibit M-

8 is office order of promotion of 9 persons dated 23.12.94

on recommendation of DPC. Exhibit M-9 is report of DPC.

8. Workman has admitted his name was not

recommended by DPC in 1994 for promotion to Fitter Grade

II. As his name was not recommended by DPC, claim of

workman for promotion cannot be accepted. No evidence

is brought on record that any post for ST category was

reserved for promotion to the post of Fitter Grade in 1994.

Thus claim of workman is not substantiated by evidence

on record. Therefore I record my finding in Point No. 1 in

Affirmative.

9. In the result, award is passed as Under:-

(1) The action of the management of Gevra Project of

SECL in denying promotion to Shri Lilaran Gond from EPF.

III to EPF. II is proper and legal.

(2) Workman is not entitled to any relief.

R. B.PATLE, Presiding Officer

ubZ fnYyh] 10 flrEcj] 2015

dk-vk- 1841-—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947

dk 14½ dh èkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ,ylh,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;] tcyiqj ds iapkV ¼lanHkZ la[;k 26@ 2004½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 10@09@2015 dks izkIr gqvk FkkA

[lañ ,y&22012@65@2000&vkbZvkj ¼lh,e&II½]

jktsUnz flag] vuqHkkx vfèdkjh

New Delhi, the 10th September, 2015

S.O. 1841.—In pursuance of Section 17 of the Industrial

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

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3819

hereby publishes the Award (Ref. No. 26/2004) of the Cent.

Govt. Indust. Tribunal-cum-Labour Court, Jabalpur as

shown in the Annexure, inthe industrial dispute between

the management of Jhingirda Project of NCL, and their

workmen, received by the Central Government on

10.09.2015.

[No. L-22012/65/2000 - IR(CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBNUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/26/04

Secretary,

Bhartiya Koyla Khadan Shramik Sangh,

PO Jhingurda Colliery,

District Sidhi (MP),

Jhingurda Project.

Workman/Union

Versus

General Manager,

Jhingurda Project of NCL,

PO Jhingurda, Distt. Sidhi (MP).

Jhingurda Project

Management

A W A R D

Passed on this 19th day of August, 2014

1. As per letter dated 15.9.2000 by the Government of

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

received. The reference is made to this Tribunal under

Section-10 of I.D. Act, 1947 as per Notification No. L-22012/

65/2000-IR (CM-II). The dispute under reference relates to:

"Whether the action of the Chief General Manager,

Jhingurda Project of NCL, PO Jhingurda, Distt. Shdhi

(MP) in not giving employment on compassionate

ground to son of Shri Ram Lakhan Shukla in terms of

Para 9.40 of NCWA V is legal and justified? If not, to

what relief is the concerned workman is entitled?"

2. After receiving reference, notices were issued to the

parties. Ist party workman submitted statement of claim at

Page 2/1 to 2/3. Case of 1st party workman is that Mr. Ram

Lakhan Shukla was appointed in NCL Singrauli from 20.3.68.

He was working with 2nd party. He was promoted time to

time. In 1991, Lakhan Sukhlal suffered trouble in his eye

and physical weakness. He received treatment in Jayant

Hospital, Sidhi. He also received treatment at Netyra Jyoti.

Workman was not able to perform his duties due to affected

eye sight. As per Clause 9/14 of Bipartite Settlement,

workman requested compassionate appointment for his

son Mundrika Prasad who was graduate. The application

was submitted on 14.6.94. Shri Lakhan Shukla received

expert treatment for his eye in Jayant Hosptial in July 1997.

Workman was advised rest for his work. Secondly workman

was not on duty. His financial condition was poor. He did

not receive any assistance from the management during

period of his sickness. Lakhan was examined by Medical

Board in Jayant Hospital. On 9.10.98 in order to cause

harassment to workman, he was referred to Dr. Rajendra

Prasad eye Hospital, Delhi. On 27.11.99, workman was sent

for medical examination. The expert had found that there

was no possibility of restoring his vision. Shri Ramlakhan

was examined by Medical Board on 19.1.99 by Dr. Ojha and

Biswas. Workman was found unfit for duty. From fund for

employment, help of Rs. 2000 was provided to the workman

for treatment of his eye sight. After Ram Lakhan Shukla

was declared unfit, he had sent letters dated 9.12.98, 5.3.99,

30.3.99, 14.4.99 for compassionate employment for his son.

The compassionate employment was not provided to his

son. On such ground workman Ram Lakhan Shukla prays

for compassionate employment for his dependent son.

3. 2nd party filed Written Statement at Page 3/1 to 3/8

opposing claim of the workman. 2nd party raised preliminary

objection. That workman is not entitled for discretionary

relief as he mislead the facts. Workman had not approved

with clean hands. His claim deserves to be dismissed.

Workman is claiming relief under clause 9.4.0 of NCWA-V.

That said clause is not covered by any agreement. 2nd

party cannot invoke extra ordinary jurisdiction for

implementing said clause. Clause 9.4.0 is reproduced in the

Written Statement. The benefit of said clause is restricted

up to the age of 58 years. As per said clause, the Committee

is required to be constituted for submitting the report. That

the last report of Dr. Rajendra Prasad, Althalmic sciences

New Delhi. Workman was not found complete blind and

unfit for duty. Therefore workman cannot claim benefit of

Clause 9/4/0. It is reiterated that relief of compassionate

appointment cannot be allowed to the workman. That claim

of Ist party workman is based on presumption assumptions

cannot be accepted. Ist party workman was negligent in

pursuing the matter. He had not approached Dr. V.K. Veda

for further treatment as per advice dated 30.11.98. 1st party

tried to pressurize through Union for his claim. Workman

moved Hon'ble High Court at belated stage.

4. That law does not accept the story, the documents

produced on record by 2nd party speaks otherwise. The

documents are tampered, fabricated. Workman did not

suffer any deformity in his eye. The document produced

are written in different handwriting. It is reiterated that

workman was having no eye problem as tablet voveran

was prescribed for him which is a painkiller, It is denied that

3820

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

Doctor at Delhi opined that workman is likely to get back

his sight, that workman had not followed treatment from

the Doctor. Intentionally workman for unlawful gain, the

words in Hindi. All contentions of workman relating to eye

sight is denied.

5. Workman filed rejoinder at Page 4/1 to 4/2 reiterating

contentions in statement of claim.

6. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:-

(i) Whether the action of the

In Affirmative

Chief General Manager,

Jhingurda Project of NCL,

PO Jhingurda, Distt. Sidhi (MP)

in not giving employment on

compassionate ground to son of

Shri Ram Lakhan Shukla in terms

of Para 9.40 of NCWA V is

legal and justified?

(ii) If not, what relief the

Workman is not

workman is entitled to?"

entitled to any relief.

REASONS

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

evidence. Workman stated that in 1991, he got some problem

in his dye. He received treatment from Nehru Shatabdi

Hospital. Due to weak eye sight, he was having trouble in

doing duty. In 1994, he requested to appoint his son on

compassionate ground as per clause 9.4.0 of NCWA. He

did not get relief in his eyes. He was referred to eye

specialized Centre at Nehru Shatabdi Hospital. By that time,

he got complete blind in both eyes. Dr. Rajendra Prasad,

Delhi declared workman cannot get back his eye sight. On

19.1.99, he was examined before Medical Board. He was

declared unfit for service due to blindness. He was retired

prematurely on 29.3.99. His son Mundrika Prasad Shukla

was major at the time he was examined by the Medical

Board. His son was not allowed appointment on

compassionate ground as per NCWA-V. in his cross-

examination, workman says medical book is given by

management for treatment. The treatment given to him is

noted in the book. That he has not brought original

treatment book. It is not produced in Court. He denies that

there are interpolation in treatment book and therefore it is

not produced in Court. That he was referred to Medical

Board in 1998. He appeared before Medical Board. He was

examined before NSC Jayant Hospital for eye treatment.

He was advised on 287.11.98 to Nehru Shatabdi Hospital.

He was referred to Rajendra Prasad Centre for Althalmic

Sciences, New Delhi. Due to blindness, he could not see

report. He denies that he was referred to Dr. V.K. Dada.

That Dr. in NSC Jayant told him he was unfit for any work.

He denies that he was found fit for partial work.

8. Management's witness Dr. Subrata Biswas filed

affidavit of his evidence. His affidavit is devoted that under

Clause 29(d) Medical Examination is done. Clause 29

provides for appeal by Medical Board. Workman appeared

before Medical Board in 1997. He was declared fit. Report

of Dr. R.P. Centre does not total workman complete blind

and declared unfit. Workman was negligent in pursuing

matter as advised to Dr. V.K. Dada for further treatment.

The diagnosis of Glaumatus cannot be said to total

blindness. On perusal of prescription of hospital, it is clear

that workman had any difficulty of showing the object in

dim light only. Workman is not using glass. He was referred

to Dr. V.K. Dada for operation. Management's witness in

his cross-examination says he had conducted medical

examination of workman. He did not recollect its date, he

did not recollect names of other persons examined by him.

For examination by Medical Board, 15 days notice is to be

issued. Witness of management did not recollect how much

percentage he declared unfit. That they had not shown

percentage or degeneration but was 60%. 60% degeneration

causes vision blink. Such person cannot attend routine

work. Workman was referred to AIMS where he was

examined.

9. The evidence of management's witness Shri Rajendra

Shah deals with NCWA-II providing employment on

compassionate ground. Said provision was also included

in NCWA-VI. The benefit of said clause is restricted to

employees medically unfit if his age is upto 58 years. On

9.10.98, workman was examined by Medical Board, 9.2.99,

workman was informed he would be relieved from duty. He

was advised to collect his dues. Workman worked till

attaining age of superannuation he is not entitled to avail

benefit of clause 9.4.0. In his cross-examination, witness of

management claims ignorance whether recommendations

of Medical Board were accepted. NCL Medical Board

declared workman fit is produced. Dr. Thanil and Dr. Vishwas

declared fit the workman. In 1994, workman requested to

refer him to Medical Board. Workman was examined by

Medical Board twice in 1997, 98. Workman was found if in

1997. Report of examination by Medical Board in 1998 is

produced. Workman was to retire in 1999. He denies that

workman was prematurely retired. Affidavit of

management's witness Shri Khan is filed but he was not

made available for cross-examination.

10. The documents produced by workman are zerox

copies, no care is taken to prove it by valid evidence. In

document Page 2/12 to 2/14, age of workman is shown 59

years on 26.11.98. Zerox of medical report from Dr. Rajendra

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3821

Prasad, Althalmic Science. The entire document is written

in English. In last sentence, there is no possibility of

regaining eye sight is written in Hindi. No witness is

examined to prove said document. Copy of mining rules is

produced. In Exhibit M-2, Ramlakhan Shukla is reported fit

for duty. Said report is dated 15.7.97. Serveral Zerox copies

of documents are produced. In document 14/10, age of

workman is shown 29 years when he joined service on

20.3.68. As such workman must have born in the year 1939.

He was retired in 1999. Evidence of Management's witness

that workman retired after attaining age of supennuation is

corroborated. As benefit of clause 9.4.0 is restricted to the

employees to the age of 58 years, workman is not entitled

to the benefit of compassionate employment for his son.

For above reasons, I record my finding in Point No. 1 in

Affirmative.

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

(1) The action of the Chief General Manager, Jhingurda

Project of NCL, PO Jhingurda, Distt. Sidhi (MP) in not giving

employment on compassionate ground to son of Shri Ram

Lakhan Shukla in terms of Para 9.40 of NCWA V is proper

and legal.

(2) Workman is not entitled to any relief.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 10 flrEcj] 2015

dk-vk- 1842-—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947

dk 14½ dh èkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj MCY;wlh,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;] tcyiqj ds iapkV ¼lanHkZ la[;k 19@2002½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 10@09@2015 dks izkIr gqvk FkkA

[lañ ,y&22012@305@2000&vkbZvkj ¼lh,e&II½]

jktsUnz flag] vuqHkkx vfèdkjh

New Delhi, the 10th September, 2015

S.O. 1842.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 19/02) of the Cent.

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

shown in the Annexure, in the industrial dispute between

the management of Kahan Area of WCL, and their workmen,

received by the Central Government on 10/09/2015.

[No. L-22012/305/2000-IR(CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/19/02

Secretary,

RKKMS (INTUC),

PO Chandametta,

Chhindwara

........Workman/Union

Versus

The Director Personnel,

WCL, Coal Estate,

Civil Lines, Nagpur.

The P.M.

WCL, Kahan Area,

PO Dungaria, Chhindwara

...Management

AWARD

Passed on this 14th day of August 2015

1. As per letter dated 3-1-02 by the Government of India,

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

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

I.D. Act, 1947 as per Notification No. L-22012/305/2000-

IR(CM-II). The dispute under reference relates to:

"Whether the action of the management of WCL,

Nagpur/Kanhan Area in not promoting Kum. Kusum

Verma and Ku. Bhagwati Karmarkar Staff Nurses of

Regional Hospital, WCL, Kanhan Area and not

considering their seniority and also supersession

by junior is legal and justified? If not, to what relief

they are entitled to?"

2. After receiving reference, notices were issued to the

parties. Ist party workman filed statement of claim through

Secretary, RKKMS Union. The case of Ist party Union is

that both workmen are member of said Union. Workman

Ku. Kusum was initially appointed as staff Nurse on

15-11-76 in Technical Grade C. workman Ku. Bhgwati

Karmakar was appointed as Staff Nurse Technical Grade

Con 13-11-78. Their appointments were made in open

selection followed by written test, interview. Both the

workmen joined their services at Regional Hospital of WCL,

Kanhan Area on respective dates of their appointment.

Smt. Rekha Masarkar (Ghosh) was initially appointed as

staff nurse T & S Grade C on 4-4-79. On her transfer to

Regional Hospital, Kanhan Area, on 1-1-1987, she joined

2nd party. The Smt. Rekha Masarkar (Ghosh) was junior to

both of them. The details of the respective appointments

are shown in Para 5 of the statement of claim.

3. Though Smt. Rekha Masarkar (Ghosh) is junior to

them as per Seniority list in T&S Grade C till 1-1-1994.

Surprisingly giving advantage to her, she was shown in

T&S Grade B from 7-4-79 is illegal. Both Kusum and

Bhagwati were placed in Grade C technical on 15-11-76,

3822

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

13-11-78 after merger of CMWO staff from 1-3-83. Smt.

Rekha Masarkar (Ghosh) was wrongly shown in Technical

Grade B is discriminatory. The repeated representation of

Ist part workman for correction of seniority list was not

considered. Ist party workman Kusum and Bhagwati were

not given promotion in technical Grade B over Smt. Rekha

Masarkar (Ghosh). Both of them were given upgradation

to next higher grade after completion of 10 year service as

per order dated 12-12-89. It is submitted that both of them

were entitled to promotion in terms of DPC over Smt. Rekha

Masarkar (Ghosh) w.e.f. 7-4-79. That Ist party workmen

were placed in T&S Grade B as per order dated 10-12-94

completing 5 years service in Grade C without DPC as one

time arrangements. They joined Kanhan Area Hospital in

T&S Grade B on 10-12-94 itself. That both of them were

entitled for promotion above Smt. Rekha Masarkar (Ghosh).

Both the workmen have reiterated that they are senior to

Rekha and ignoring their seniority, Rekha was promoted to

the post of Matron T&S Grade A vide order dated 10-7-98.

Her seniority was overlooked. They had submitted

representations. Their seniority was not restored. Cadre

Scheme of para medical staff circulated on 15-7-92 was

ignored by the management. Both workmen raised the

dispute. The dates of appointments of respective workman

and Rekha were reiterated contending that both were senior

to Rekha. Overlooking their seniority, Rekha is promoted.

Both workmen claims that they be given promotion above

Rekha in T&S Grade A from 10-7-98.

4. 2nd party filed Written Statement at page 7/1 to 7/11

opposing claim of Ist party workman. Preliminary objection

is raised that Rekha was impleaded party to the dispute

before RLC. The reference is not tenable. That the date

from which promotion is claimed is not given. Reference

is vague and not tenable. 2nd party submits that service

conditions of its employees are covered by NCWA and

guidelines given by JBCCI time to time. WCL is subsidiary

to Coal India having its offices at Nagpur. Various collieries

spread over MP and Maharashtra are working under WCL.

The hospitals were run by welfare Organisation as per

order dated 5-1-88 by Govt. of India, Deptt. of Coal. The

regional hospitals of CMW at Jamni, Dhanpuri, Kurasia

were transferred to WCL. In pursuance of said order

employees of the organization become employees of

WCL. Rekha after her marriage was offered appointment

as per order dated 2-8-83 in pursuance of her transfer of

service from CMWO to WCL. Bhagwati was appointed

as nurse in Grade C of NCWA as per office order dated 13-

11-78. Miss Kusum was appointed as Nurse Technical

Grade C as per order dated 15-11-78. The comparative

chart of appointments and other details are given in Para-

10 of the Written Statement. The services rendered by

employees of CMWO are considered for promotion to

higher post.

5. As per office order dated 2-1-89, employees of

CMWO taken over w.e.f. 1-3-83 were placed in the

designation and grade engaged against therein. Name of

Smt. Rekha Masarkar (Ghosh) was appearing at Sl.No. 7

Staff Nurse Technical Grade C. New designation Sr. Nurse

Grade B. The pay was accordingly fixed. Vide Head Office

Circular dated 15-3-93, provisions of I.I. No. 3 & 17 of

NCWA IV were extended to employees of Ex. CMO on

similar directions and conditions laid down therein. The

service rendered by them prior to take over in the same

category was taken into account. II 55 is reproduced.

WCL HQ issued letter dated 12-5-98 that WCL decided

that the date of effectiveness of the above implementation

instructions should be uniform in all the areas and that

the date of effectiveness of above placement of staff Nurse

Grade B as one time arrangement without DPC was allowed

updated seniority list of staff nurse was published by

WCL HQ including SC ST candidates on 1-7-99. In

accordance with II 55, staff Nurse in T&S Grade C in

various units of Kanhan Area completing 5 years service

were placed in T&S Grade B. WCL Hq published seniority

list of medical staff including staff nurse on 20-6-97. On

recommendation of DPC approved by Competent

Authority Sr. Staff Nurses T&S Grade B were promoted

to the post of Matron T&S Grade A. Rekha was at Sl.No.

3 2nd party denies that Ist party workman are senior to

Rekha. Revised cadre scheme for para medical staff nurse

JBCCI issued Implementation Instruction No. 41. Staff

nurse with Grade A recognized diploma or certificate with

3 year course will be inducted as staff nurse on completion

of one year training in Grade C. Qualification will not be

barred for existing staff nurse. Zone of promotion upto

T&S Grade B will be Area level from T&S Grade B to

Grade A at Company level. The representations submitted

by workman claiming seniority were rejected. After

verifying seniority list dated 20-6-97. Name of Bhagwati

was placed at Sl.No. 39. The contentions of Ist party

workman that they were senior to Rekha are denied by

2nd party claim of workman for promotion above Rekha is

also denied. Seniority list of concerned employee of WCL

was circulated inviting objections. Thereafter promotions

were made as per the norms. That Bhagwati was promoted

as Matron T&S Grade A. It could not be made applicable

to the dispute. It is submitted that both workmen cannot

be compared with Rekha. She is much senior to both

workmen. On such ground 2nd party submits that Ist party

workmen are not entitled to any relief.

6. Workman filed rejoinder reiterating their contentions

in statement of claim.

7. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3823

My findings are recorded against each of them for the

reasons as below:—

(i) Whether the action of the

In Affirmative

management of WCL,

Nagpur/Kanhan Area in not

promoting Kum.Kusum Verma

and Ku. Bhagwati Karmarkar

Staff Nurses of Regional

Hospital, WCL, Kanhan

Area and not considering

their seniority and also

supersession by junior is

legal and justified?

(ii) If not, what relief the

Workmen are not

workman is entitled to?"

entitled to any relief.

REASONS

8. In support of their claim, Bhagwati filed affidavit of

her evidence claiming seniority over Rekha claiming that

Rekha was appointed on 7-4-79. She was appointed as

staff nurse technical Grade C on 13-11-78. After merger of

CMWO staff nurse from 1-3-83. On merger, Rekha was

placed on Technical Grade C from 1-1-87. Rekha was junior

to her. After seniority list published, it came to notice that

management has wrongly placed Rekha in T&S Grade B

from 4-4-79. She was discriminated. She was not given

promotion in technical Grade B over Rekha. She joined

Kanhan Area Hospital in T&S Grade B on 10-12-94.

However Bhagwati in her cross-examination says she does-

not recollect contents of her affidavit. She had read the

affidavit prepared by her Advocate. Considering her

evidence in cross-examination, as she did not recollect the

content of her affidavit, her evidence cannot be relied.

9. Kusum filed affidavit of her evidence stating her date

of appointment 15-11-76, Rekha was appointed on 7-4-79.

On her transfer to Regional hospital, Kanhan Area on

1-1-1987 that Rekha was junior to her. After merger of

CMWO staff from 1-3-83, Rekha was placed on technical

Grade C from 1-1-87. Rekha was wrongly shown in Technical

Grade B from 4-4-79. She claims promotion above Rekha. In

her cross-examination, Kusum says that she was appointed

on 15-11-76 in Technical Grade C. Bhagwati was appointed

on 13-11-78. Rekha was appointed on 7-4-79. Cadre Scheme

for nursing staff is introduced. The promotion are given as

per cadre cheme. CMWO was running hospitals in the

past. From 1-1-83 Coal India is running the hospitals after

merge of CMWO, she claims ignorance what option was

given by Rekha at the time of merger of CMWO staff. After

marget of CMWO junior employees were given their

seniority and juniors were retained at same position. She

did not see order that the employees working in Coal India

were treated senior. That Rekha was appointed as staff

nurse in CMWO in Technical Grade D. however the order

of appointment of Rekha in Technical Grade B is not

produced. She was promoted in Technical Grade A in the

year 2008. Rekha was promoted to Grade A in January 2008.

That she and Bhagwati had raised the dispute of seniority.

They did not received any information about decision of

their representations. There was no reason not to implead

Rekha as party before ALC.

10. Management's witness Shri A.C. Kaushik in his

affidavit has stated that Rekha was not junior to workmen.

The details of their promotion in Grade B, A are shown in

para 6 of his affidavit. Rekha is shown in T&S Grade B in

7-4-79 in CMWO. She is shown in T&S Grade A from

1-7-89, T&S Grade from 10-7-98. In his cross-examination,

management's witness admits that Rekha was appointed in

CMWO in 1979. Ist party workmen were appointed in WCL

in 1976, 1978. The employees of other companies joining

WCL. Their record of appointment remained in the earlier

company. Rekha was shown in Grade B after joining WCL

as per the orders of Coal India Head. For promotion in

Grade A vacancies and seniority are considered. The cadre

scheme was considered while promoting Rekha. She is still

continued in service. The representations about seniority

submitted by workmen were rejected by the management.

Rekha has not adduced any evidence. It is to be noted that

the order of appointment in CMWO of Rekha in Grade B is

not produced. The evidence of Kusum claims ignorance

about the options given by Rekha while joining her service

in WCL after merger of employees of CMWO.

11. Documents produced Exhibit W-1 shows

appointment of Kusum on 15-11-76 in Technical Grade C.

Exhibit W-2 shows appointment of Smt. Rekha on 7-4-79 as

Nurse, her technical grade is not mentioned. The documents

W-3 to W-8, 11, 12 shows date of appointment of both

workmen and Rekha.

12. Learned counsel for 2nd party Shri N. B. Sharma

emphasized that dispute is raised belatedly is not tenable.

Seniority of Rekha in Technical Grade B shown in 1979

Technical Grade A in 1989 is challenged by raising dispute.

In support of above submissions, Shri N.B. Sharma relies

on ratio held in Case of Nedungadi Bank Ltd. versus K.P.

Madhavankutty and others reported in 2002(2) SCC-455.

Their Lordship held when dispute becomes stale, held,

would depend on the facts and circumstances of each case.

In the instant case, the workman was dismissed after

lawfully and properly conducting the disciplinary

proceedings, his dismissal was upheld in appeal and the

benefits legally due to him were paid. 7 long years later he

raised a dispute against his dismissal on he ground that

two other employees dismissed in similar situation were

reinstated. Reference is said dispute at this stage, held,

3824

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

bad both on the grounds of delay as well as non existence

of an industrial dispute.

In present case, both the workmen through Union are

challenging seniority of Rekha given in Technical Grade B,

Technical Grade A. Even long back in 1983, 97 respectively.

Original Technical Grade shown of Rekha from 7-4-79 in

the seniority list. The dispute is highly belated and the

dispute has apparently ceized to exist as the promotions

were given considering the seniority list and cadre scheme

therefore I record my finding in Point No. 1 in Affirmative.

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

(1) The action of the management of WCL, Nagpur/

Kanhan Area in not promoting Kum. Kusum Verma and

Ku. Bhagwati Karmarkar Staff Nurses of Regional Hospital,

WCL is proper and legal.

(2) Workmen are not entitled to any relief.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 10 flrEcj] 2015

dk-vk- 1843-—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947

dk 14½ dh èkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ,lbZlh,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;] tcyiqj ds iapkV ¼lanHkZ la[;k 198@96½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 10@09@2015 dks izkIr gqvk FkkA

[lañ ,y&22012@490@1995&vkbZvkj ¼lh&II½]

jktsUnz flag] vuqHkkx vfèdkjh

New Delhi, the 10th September, 2015

S.O. 1843.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. 198/96) of the Cent. Govt.

Indus. Tribunal-cum-Labour Court, Jabalpur as shown in

the Annexure, in the industrial dispute between the

management of Kusmunda Area of SECL, and their

workmen, received by the Central Government on

10/09/2015.

[No. L-22012/490/1995-IR(C-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/198/96

Regional President,

Sanyukta Khadan Mazdoor Sangh (AITUC),

Q.No. B/269, Adarsh Nagar,

Post Kusumunda Colliery,

Distt. Bilaspur.

......Workman/Union

Versus

General Manager,

SECL, Kusmunda Area,

Post Kusmunda Pariyojana,

Distt. Bilaspur (MP)

......Management

AWARD

Passed on this 13th day of August 2015

1. As per letter dated 18-10-96 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-22012/490/95-IR(C-II). The dispute under reference

relates to:

"Whether the action of the management of SECL,

Kusmunda Area, Bilaspur in dismissing Shri

G.R. Jaiswal, Clerk Grade II w.e.f. 25-3-95 vide office

order No. GM/KSM/PM/DA/95/4366 dated 25-3-95

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

to?"

2. After receiving reference, notices were issued to the

parties. Ist party workman submitted statement of claim at

Page 4/1 to 4/3. Case of workman is that he was appointed

as mazdoor in 1984. Considering his satisfactory work, he

was promoted as Clerk Grade II. Prior to Order of his

dismissal dated 25-3-95, chargesheet was issued to him

alleging certain misconduct. He had submitted reply to the

chargesheet denying charges against him, without

considering his reply, Shri R. R. Dubey was apointed as

Enquiry Officer. Enquiry conducted against his not legal

and proper. He was not given full opportunity for his

defence. Enquiry Officer did not explain to him procedure

of enquiry. Workman was not asked any question regarding

engagement of Defence Assistant. Workman was not

allowed to cross examine witnesses of management, he

was not given opportunity to produce his witnesses in

defence. The principles and natural justice were not

followed. Enquiry is illegal. Punishment of dismissal

imposed against him is illegal. On such ground, workman

prays for his reinstatement.

3. 2nd party filed Written Statement opposing claims of

the workman at page 7/1 to 7/2. The appointment of

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3825

workman as General Mazdoor Category I in 1984, his

promotion as Clerk grade II is not disputed chargesheet

issued to workman and order of his suspension is not

disputed by 2nd party, workman had submitted reply to

the charge sheet. Reply of workan was found not

satisfactory. Enquiry was ordered against him, it is denied

that the enquiry conducted against workman is illegal. It is

denied that workman was not given reasonable opportunity

for his defence, 2nd party reiterates that enquiry was

conducted as per laid down procedure. Workman was

allowed to defend charges with held of co-worker. Fair

opportunity of defence was allowed to the workman. It is

denied that Enquiry Officer not followed principles of

natural justice. That charges against workman were proved,

minimum punishment is imposed considering gravity of

misconduct. It is denied that past record of workman was

not considered.

4. As per order dated 20-6-2014, enquiry conducted

against workman is found legal.

5. Considering pleading on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

(i) whether the charges alleged

In Affirmative

against workman is proved

from evidence in Enquiry

proceedings?

(ii) Whether the punishment of

In Affirmative

dismissal imposed agaist

workman is proper and

legal?

(iii) If not, what relief the

Workman is not

workman is entitled to?"

entitled to any relief.

REASONS

6. Enquiry conducted against workman is found legal.

Therefore the point whether charges alleged against

workman are proved needs to be decided form evidence in

Enquiry Proceedings. 2nd party has produced copy of

judgement in Criminal Case No. 24/04, said judgment shows

that workan was accused No. 1 along with other 5 accused.

All of the accused including workman were convicted for

offence under Section 13(1) (d) read with 13(2) Prevention

of Corruption Act read ith Section 120-B IPC and different

sentence extending 3 years and fine Rs. 20,000 etc. was

imposed. The appeal No. 32/12 is filed by Teertankhar Banu-

accused No. 6 in the case. There is no document that

conviction of Ist Party is challenged before superior court

filing appeal. In its judgement, special court, CBI had

discussed evidence against workman at Page 13, 20. That

Committee was constituted at instance of accused regarding

payment of bills with National Trade Centre in the year

1992-93. The Committee submitted report that bill passing

officer Karba was not guilty. As per the report of the

Committee, Shri G.R. Jaiswal i.e. workman was suspected.

AT page 23 of the judgment, evidence of witness Puran

Singh is considered that the witness had state that accused

G.R. Jaiswal i.e. workman had given requistion for printing

10,000 requisition forms. He printed 10,000 forms. Exhibit

P-6 is requisition form got printed by Shri Jaiswal i.e. Ist

party workman, the bill Exhibit P-22 dated 10-8-92, Bill Ex P-

20 dated 20-8-93 were the proforma printed in Krishna

Printing Press. The seals Article A,B were prepared but not

given to Shri Jaiswal. Said witness in his further evidence

has stated that Exhibit P-2 Banking opening form was

signed by him as introduced. That he had not received

amount for printing of 10,000 requisition forms. Said witness

had admitted that he was knowing while signing account

opening from that accused Shri G.R. Jaiswal opened account

in name of firm to be used for the business. I need not

discuss the evidence considered while convicting workman

and other accused. It is surprise to say that workman was

convicted along with other accused and no document is

produced that his conviction was set-aside or challenged

before superior court.

7. Turning to the evidence in Enquiry Proceedings, It is

necessary to consider the charges alleged against

workman. The charges are narrated in his report by Enquiry

Officer about payment made to National Trade Centre

Rs. 1,59,000, 6,03,215/- & 1,45,600/- preparing bogus bills

and attempt to get payment of Rs. 4,09,418 by delinquent

under Clause 26.1. The argument advanced by counsel for

Ist party Shri S. Mishra that chare against workman was

not about forgery, Merely workman had forwarded the bills

as party of his official duty cannot be accepted. The witness

of management Shri V.N. Bandopadhyay has narrated

about presentation of bills to different amount before him.

Mr. Pradhan told that the order was not given for the

amount shown in the bills. That the information was given

to Genral Manager and enquiry was made in the matter.

That witness Puran Singh was taken in custody. The facts

disclosed that Shah was relatie of Shri G.R. Jaiswal Clerk

Grade II in Regional Store i.s. Ist party workman. That Shri

G. R. Jaiswal was involved in transaction. Shri Shah was

told by Jaiswal for printing of the stationery (letter pad) in

name of National Trade Centre, Calcutta, Jaiswal had

suggested for opening current account and Puran Singh

as witness/guranter should sign. If entire evidence of Puran

Singh is considered, the argument advanced by Shri S.

Mishra on behalf of workman that there is no evidence

against workman by the management's witnesses cannot

be accepted. Evidence of MW-2 Rajesh Kumar is on the

3826

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

point of taking entries in ward register Sl. No. 1528, 1395,

Management's witness Shri S.K. Pradhan says about 3 bills

of different amount received dated 14-3-94, 27-3-94 its entry

was taken in inward register. The purchase order in respect

of those bills was not issued from purchase department.

Statement of MW-4 A. G. Karva is on the point that 3 bills

of different amount dated 27-3-94, 14-3-94 were bogus,

purchase order was not issued w.r.t. both the bills. MW-5

P. Anirudhhan in his statement explained that he along

with Shri G. R. Jaiswal jointly made enquiry from day book,

goods receipt register, bills forwarding register etc. In his

cross-examination, he says Shri G.R. Jaiswal Clerk Grade II

was forwarding bills for payment to Accounts office putting

his initials on the forwarding letter. In store dispatch register,

Shri Jaiswal was making entry to forwarding letter writing

number in peon book was sent to Accounts office. W.r.t.

writing double numbers 718, 418 to 738/438, he claims

ignorance and says that Shri Jaiswal asked about the same.

Charge is about payment on bogus bills made in National

Trade Centre not only forwarding the bills by Ist party

workman. There is some evidence in Enquiry proceedings

whereas workman was convicted for offence under Section

13(1)(d) read with 13(2) Prevention of Corruption Act by

Special Court, CBI. The corruption of workman is not

challenged in appeal. Workman is not acquitted by superior

court. Therefore the findings of Enquiry Officer supported

by some evidence cannot be said perverse. In criminal case,

burden of proof lies to prove charges beyond reasonable

doubt. When charges are held proved by Special CBI Court

is also piece of evidence against workman. For reasons

discussed above, I record my finding in Point No. 1 in

Affirmative.

8. Point No. 2-In view of my finding in Point No. 1 charge

relating to payment on 3 bogus bills is proved against

workman and other persons involving Ist party is convicted

in Criminal Case along with other 5 accused,. The proved

charge is of serious nature.

9. Learned counsel for 2nd party Shri A.K. Shashi relies

on ratio held in :

Case of Jaishankar versus Government of India and

another reported in 1996(6) SCC 204. Their Lordship dealing

with conviction for Section 509 held involces moral

turpitude, hence where such conviction attained fainality,

although the amount of fine imposed was below Rs. 2000,

dismissal of the convict worker from service was upheld.

In case of Karnataka Bank Ltd. versus A. L. Mohan Rao

reported in 2006 (I) SCC 63. Their Lordship dealing with

matter Branch Manager charged with gross misconduct of

granting fictitious loan. Their Lordhip held if gross

misconduct of this nature does merit dismissal, it cannot

be seen what other type of miscouduct would merit

dismissal. It is not for courts to interfere in cases of gross

misconduct of this nature with decision of disciplinary

authority on any mistaken notion. of sympathy, so long as

inquiry has been fair and proper and miscouduct proved.

In case of Nand Kishore Prasad versus State of Bihar

and other reported in 1978(3) SCC 366 their Lordship

considering before the delinquenht officer is found guilty

of charge there must be some evidence. Their Lordship

held authority must act without bias and predilection and

must pass speaking orders discussing evidence.

Copies of award in R/117/97 & 38/90 are also submitted

for persual. Each case needs to be decided considering

evidence on record, the evidence discussed while dealing

with Point No. 1 and Ist party workman has been convicted

by CBI Special Court for payment of 3 bogus bills,

punishment of dismissal imposed against workman cannot

be said excessive or exorbitant. Dismissal of Ist party

workman doesnot call interference by this Tribunal. I record

my finding in Issue No. 2 in Affirmative.

10. In the result, award is passed as under:

(1) The action of the management of SECL, Kusmunda

Area, Bilaspur in dismissing Shri G. R. Jaiswal, Clerk Grade

II w.e.f. 25-3-95 is proper and legal.

(2) Workman is not entitled to any relief.

R. B. PATLE, Presiding Officer

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New Delhi, the 10th September, 2015

S.O. 1844.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 227/99) of the Cent.

Govt. Indus-Tribunal-cum-Labour Court, Jabalpur as shown

in the Annexue, in the Industrial dispute between the

management of Khurja Sub Area of SECL, and their

workmen, received by the Central Government on

10.09.2015.

[No. L-22012/382/1998-IR(CM-1I)]

RAJENDER SINGH, Section Officer

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3827

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/227/99

Secretary,

Koyla Mazdoor Sabha (UTUC),

Jhimer Colliery,

Shastri Nagar,

PO Jhimer Colliery,

Distt. Shahdol.

Workman/Union

Versus

Sub Area Manager,

Khurja Sub Area of SECL,

PO Bijuri,

Distt. Shahdol (MP)

Management

A W A R D

Passed on this 4th day of August, 2015

As per letter dated 22-6-99 by the Government of India,

Minsitry 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-22012/382/98/IR

(CM-II). The dispute under reference relates to:

"Whether the action of the Sub Area Manager, Khurja

Sub Area of SECL, PO Bijuri Distt. Shahdol in dismissing

Shri Shivcharan S/o Shivdayal General Mazdoor w.e.f.

5-8-97 is legal and justified? If not, to what relief the

workman is entitled for?"

2. After receiving reference, notices were issued to the

parties. 1st party workman submitted statement of claim at

Page 4/1 to 4/5. Case of 1st party workman is that he was

employed as General Mazdoor in SECL in 1996. He was

working with dedication. He was on sick leave in July 96.

After recovery of illness, he reported on duty on 1-8-96 to

Shri Nagendra Pratap Singh. Workman requested Shri

Nagendra Pratap to allow him on duty. He was not allowed

to join duty instructing workman to report to Shif In-charge.

When workman reported shift In-charge, he as instructed

to report to Mr. Choudhary, Mr. Choudhary asked workman

to go to shift in-charge and advise to make request for

allowing him to join duty. Workman was kept dangling and

now allowed to join duties. Workman tired of his efforts

came back to Cigarette Stall. He had seen Shri V.K. Singh

sitting in a jeep far there. Workman went to Manager

requesting him to join duty, Manager without loosing a

minute came out of a jeep and slapped 2-3 times to workman.

Workman was saved by other peoples. Manager left the

place.

3. Workman further submits that once again he

requested shift in-charge to allow him on duty but he

requested. Workman was told that he was trying to become

leader, duty will not be given to him. He was also told that

Shri V.K. Singh Manager was inspected not to take him on

duty. Workman started shouting, he requested belt operator

to stop the belt. He also asked Shift in-charge to stop belt

till the question of taking him on duty was decided.

Thereafter workman was forcibly taken in jeep to police

station. Charge-sheet was issued to workman on 5-8-96.

The allegations against him were about gambling, fighting,

disobedience, abusing co-worker and willful damage,

Workman denied charges against him management without

considering reply to the chage-sheet initiated DE. 3

wtnesses were examined by management. Witness

Digambar Singh admitted he was not present at site of

incident. He made false statement that workman was under

influence of liquor. Enquiry was conducted in casual

manner. The statements of witnesses were contradictory.

Enquiry was conducted in hurrry. Workman was not allowed

opportunity for his defence. Enquiry Officer submitted

report without applying his mind. Vital contradiction in

evidence of management's witness were not considered.

Show-case notice for dismissal was issued to him. Workman

replied to said show-case notice pointing out contradictory

evidence of management's winesses. Punishment of

dismissal was impossed as per order dated 5-8-99. It is

submitted that punishment of dismissal is illegal. Workman

was discriminated. He was harassed by all the persons. He

was not allowed to join duty. On such ground, workman

prays for setting aside order of his dismissal and

reinstatement with consequential benefits.

4. 2nd party filed Written Statement at Page 5/1 to 5/9

opposing claim of the workman. Case of 2nd party is that

workmanw as working as General Mazdoor Category-I. on

1.8.96, management received complaint that workman was

under intoxication came to time keeper office at

5 PM.Workman was insisting to mark his attendance. Entry

Clerk refused to mark his attendance. Then workman gone

to Under Manager Shri Pradhan threatening him of serious

consequences if his attendance was not marked. Workman

was unauthorisely absent. Shri Pradhan tried to get

information about it. It is further contended that workman

had ran and switch off the main belt causing obstruction in

production. When belt operator started switch again,

workman stopped the belt. Workman was then taken to

police station. Charge sheet was issued to workman for

misconduct under Clause 26.4, 28.18, 26.23. The details of

those clauses are reproduced in Para-10 of the Written

Statement. That Enquisry Committee was constituted.

Enquriy was conducted giving opportunity for defence to

the workman, principles of natural justice were followed.

The charges against workman were proved. Workman was

dismissed from service. Workman had participated in

enquiry. It is reiterated that workman was unauthorisely

absent. Under intoxication, he had indecently behaved with

his superiors. Workman was taken to police station. After

show-cause notice, workman was dismissed.

3828

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

5. Workman filed rejoinder at page 6/1 to 6/3 reiterating

his contentions in statement of claim.

6. 2nd party field reply to rejoinder at Page 13/1 to 13/2

reiterating his contentions in Written Statement.

7. As per order dated 12-12-12, enquiry conducted

against workman is found legal and proper.

8. Considering pleadings on record and findings on

preliminary issue, the points which arise for my

considerations and determination are as under. My

findings are recorded against each of them for the

reasons as below:—

(i) Whether the charges

Partly in Affirmative

alleged against workman

under clause 26.4, 26.18 &

26.23 are proved from

evidence in Enquiry

proceedings?

(ii) Whether the punishment

In Negative

of dismissal imposed against

workman is proper and legal?

(iii) If not, what relief the

workman is entitled to?"

As per final order

REASONS

9. Enquiry conducted against workman is found legal.

Charges-gheet Exhibit M-5 is clear that charges against

workman were under Clause 26.4, 26.18 & 26.23. charge

under Clause 26.4 pertain to gambling, drunkenesss, ritious

or indecent behaviour place of work. Clause 26.18 pertains

to assault, attempt to assault, threatening to assault,

abusing co-worker or superior while on duty. Charge

No. 26.23 pertains to causing willful damage to the property

of company. As enquiry conducted against workman is

found legal, whether charges against workman are proved

needs to be decided from evidence in Enquriy Proceedings.

Management's witness Shri Digambar Singh in his

statement before Enquiry Officer says when he went there,

workman was talking with Mr. Pradhan, workman was

saying that his attendance should be marked. Shri Pradhan

refused to mark his attendance. On that workman said how

his attendance should not be marked, he would see him,

then workman stopped the switch of belt. The belt was

stopped. Then workman went to belt and sat on it. He was

trying to jump from the belt. Workman was caught from the

place and taken away. Management's witness Shri Pradhan

in his statement says he was setting the set. Workman Shri

Shivcharan came to him at 5 PM. He had shown sick fit

certificate and requested to allow on duty. He was beating

the table by his hand. Workman said if he was not allowed

on duty, he would see him. He will destroy the canes.

Workman said he would show him immediately. He went to

the belt operator giving threats to the Belt Operator, he

switeched off the belt. Management's witness Krishna

Kumar in his evidence says that at 5.10 PM, workman came

under intoxication near switch and asked to stop the belt

till his attendance was marked. When workman came near

the belt, he had stopped the switch. Workman was under

intoxication, his mouth was smelling. Workman was called

to Shift Manager. Again he had come near the switch.

Witness had stopped the switch. Witness had stopped the

switch. The belt was not operating. Belt was started at

5.30. for about 20 minutes, belt was stopped.

10. The evidence is not required to be re-appreciated

but evidence of all management's witnesses is not

consistent. Witness Digambar Singh and A.K. Pradhan

says switch was stopped by workman whereas belt operator

Krishna Kumar says that switch was stopped by him, as

per evidence in cross-examination of Digambar Singh,

workman was taken to police station. Police had given 2-4

slaps to workman saying that always he was disorderely

behaving under intoxication. As per management's witness.

A.K. Pradhan, workman had climbed ladder of the main

belt and threatened to jump. Other witnesses have not

stated about it. Shri A.K. Pradhan says workman was

referred for medical examination about intoxication. Medical

reported is not produced. Shri Krishna Kumar in his

evidence says workman was smelling intosicating. Other

witnesses did not tell about it. Evidence cannot be re-

appreciated. Shri Digambar Singh in his cross-examiantion

says he was not present at the place of incident therefore

his evidence cannot be accepted. Shri A.K. Pradhan in his

cross-examination says he had not signed sick certificate

brought by workman evidence of all management's

witnessses is consistent on point that workman was

insisting that he was allowed on duty. He was saying until

his attendance was marked or allowed on duty, belt would

not operate. Workman was asking to stop the belt. Shri

Nagendra Singh in his cross-examination says workman

had not misbehaved with anybody. Workman was

shouting. The belt was stopped twice. As per evidence of

management's witness MW-1 belt was stopped for about

5 minutes, as per MW-3, belt was stopped for about

20 minutes. Statement of workman was redorded. He stated

that when he was not allowed to join duty despite fitness

certificte he was insisting for duty. When he gone to the

Manager, he given slap to him. If entire evidence is

considered, the charge w.r.t. assault cannot be established.

The charge about drunkeness/intoxication also cannot be

established from oral evidence of management's witness

as Medical Certificate is not produced despite the workman

was referred for medical examination. The evidence on

reocrd that workman was insisting for joining duties. He

had gone towards the belt he was shouting requesting to

stop the belt shows that behaviour of workman was ritious

and disorderely. The evidence of management's witness

about causing damage to the propery is silent. Charge under

Clause 26.23. doesnot include loss caused to the

management. The evidence is consistent on the point that

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3829

belt was stopped for about 5-20 minutes causing

obstruction to the production.

11. Learned counsel for 2nd party Shri A.K. Shashi relies

on ratio held in

Case of West Bokaro Colliery (TISCO LTd) vrs Ram

Pravesh Singh reported in 2009-I-LLJ-220(SC). Their

Lordship held standard of proof in departmental

proceedings is different from that in criminal case.

In case of Commissioner of Police versus Jayasurian

and another reported in 1997(6) SSC-75. Their Lordship

held considering inconsistency very minor order or removal

from service passed by Competent authority on the basis

of report held there was no informity in approach of the

competent authority in appreciation of evidence aduced in

the enquiry. The Tribunal in exercise of power of judicial

review was not justifed in interfering with the finding of

the Competent authority that chage against the delinquent

was passed.

In case of Krishanakali Tea Estate versus Akhil Bharatiya

Chah Mazdoor Sangh and another reported in 2004(8)SSC-

200. Their Lordship held even proceeding on the basis that

the charge not framed namely of extortion has not been

legally established and ought not be considered as

miscondcut the other estalblished misconducts of causing

damage of property, gherao of the management and

worngfully confining the manager are severable and are by

themselves sufficient and grave enough to establish

misconuct punishment under the Standing Orders

applicable to the workmen concerned.

In present case, charge of disorderely behaviour of

workman is supported by cogent evidence of management's

witness. The charge of intoxication is not established. The

charge under Clause 26.23 causing damage to the propery

is also not supported by evidence. To conclude their

evidence of management's witnesses charge under Clause

26.4 w.r.t ritious and diorderely behaviour is established.

Charge under clause 26.18 assault, attempt to assault,

threatening to assault co-workers, charge under Clause

26.23 causing willful damage to the property of the company

are not proved. Therefore I record my finding in Point

No. 1 partly in Affirmative.

12. Point No.2- charge under Clause 26.24 of disorderly

and ritious behviour is proved from evidence of

management's witness in Enquiry Proceedings. Question

arises whether punishment of dismissal imposed against

workman is proper and legal. The circumstances needs to

be cosnidrered. The evidence of management's witness is

clear that workman was on sick leave. He has come with

fitness and requested to allow to join duty. He was not

allowed to join duty. Workman was dangled to shift in-

charge and others. The intention of workman is clear that

he was interested to joint duty. He had no intention to

assault or disorderly behave or abuse anybody. When

workman was not allowed to join duty, workman in order to

join duty, started shouting and rushed towards the belt.

Looking to the workman coming towards belt, belt operator

had himself switched off the belt. Workman was threatening

the belt should not be operted till he was allowed to join

duty. Such behaviour appears on account of refusal to join

duty to the workman, on the point of punishment, learned

counsel for 2nd party Shri A.K. Shashi relies on ratio held

in case of

MP, Eelctricity Board versus Jagdish Chandra Sharma

reported in 2005(3) SCC-401. Their Lordship dealing with

proportionality of punishment dimissal for breach of

discipline at workplace by employee. In such a case it is

not open to Labour Court of Industrial Tribunal to take the

view that the punishment awarded is shockingly

disproportinate to the charge proved. Their Lordship held

discipline at workplace is a sine qua non for the efficient

working of the organization.

In present case, there is no evidence that the workman

had physically assaulted any superior therefore ratio cannot

be applied to present case.

In case of Mahindra and Mahindra Ltd. and N.B.

Naravade reported in 2005-1-LLJ-1129. their Lordship held

on facts use of abusive, filthy language against superior

officer held did not call for lesser punishemnt than

dismissal.

In present case, the evidence of management's

witnesses is silent about abuses to the officer by workman,

the ratio cannot be applied to present case.

Reliance is also placed on ratio held in case between UP

State Road Transport Corporation veruss Subhash Chandra

Sharma reported in AIR 2000 SC-1163.

Their Lordship held that punishment of dismissal for

misconduct of absuing and theartening under drunken state

is not disproportionate.

In present case, charges of drunkeness condition,

abusing in indecent language with the colleague cannot

be established. Therefore ratio cannot be applied to case

at hand.

In case of Emco Transformers Ltd. versus S.P. Shouche

and another reported in 1997 LLR 649. Their Lordship of

Bombay High Court held that :abour Court disbelieved

direct witnesses deposing of the incident of misconduct

by respondent No. 1 Labour Court directed reinstatement

of the workman and backwages was set-aside. The oral

evidence is discussed above.

Only charge under 26.4 of standing order is established.

Other charges are not supported by cogent evidence.

Therefore ratio held in the case cannot be applied to present

case.

Ratio held in case of State Bank of India and others

versus Ramesh Dinkar Punder reported in 2006(7) SSC-212

3830

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

cannot be applied to case as the nature of misconduct

proved is entirely different.

In present case, the evidence clearly shows that

workman had gone with fitness certificate for joining duty.

He was not allowed to join duty and thereby workman was

insisting to stop belt his matter of joining duty was decided.

Workman has not stopped the switch of belt, it was stopped

by operator therefore punishment imposed against

workman is shockingly disproportionate. If one same day,

workman would have allowed to join duty, the incident

would not have been occurred.

Learned counsel for 1st party Shri K.C. Ghildiyal submits

that the circumstances be considered that workman had

gone for joining duty after sick leave. He was not allwoed

to join duty. The punishment of dismissal is illegal.

13. Learned counsel relies on ratio held in.

Case of State of UP and others versus Ram Daras Yadav

reported in 2010(2)SCC-236, A.L. Kalra Versus Project and

Equipment Corporation of India Ltd. reported in 1984(3)

SCC-316, Om Kumar and others versus Union of India

reported in 2011(2) SCC-386. The facts of present case are

not comparable. Ratio cannot be applied to present case.

The punishment of dismissal is imposed against workman.

All charges are not proved against workman. Only charge

under 26.4 is proved. The punishment of dismissal is

justified. Considering the nature of proved charge, minor

punishment like withholding 2-3 increments should have

been appropriate in the case.

14. However the counsel for 2nd party Shri A.K.Shashi

pointed out my attention to the age of the workman in

affidavit of evidence as 67 years. Though learned counsel

for workman tried to say that workman has not attained

age of superannuation as per his date of birth, no evidence

in that regard is produced. Therefore minor punishment

withholding increment is not possible to be imposed.

Punishment of dimissal is disproportionate to prove charge

under Clause 26.4. the ciricumstances cannot justify

awarding reasonable compenssation to the workman. In

my considered view, compensation Rs. 2,50,000/- and retiral

benefits would be appropirate. Accordingly I record my

finding in Point No. 2.

15. In the result, award is passed as under:-

(1) The action os the Sub Area Manager, Khurja Sub

Area of SECL, PO Bijuri Distt. Shahdol in

dismissing Shri Shivcharan S/o Shivdayal General

Mazdoor w.e.f. 5-8-97 is not legal and proper.

(2) The order of pinishment of dismissal is quashed.

2nd party is directed to pay compensation

Rs. 2,50,000 to the workman.

(3) 2nd party shall also allow retiral benefits to the

workman.

Amount as per above order shall be paid to workman

within 30 days from the date of notification of award. In

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

from the date of award till its realization.

R.B.PATLE, Presiding Officer

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New Delhi, the 10th September, 2015

S.O. 1845.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 1336/2007) of the

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

Chandigarh as shown in the Annexure, in the industrial

dispute between the management of BBMB, and their

workmen, received by the Central Government on

10.9.2015.

[No. L-23012/4/2006-IR(CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sri Kewal Krishan, Presiding Officer

Case No. I.D. No. 1336/2007

Registered on 14.09.2007

Sh. Vinod Kumar, S/o Late Sh. Tek Chand, R/o VPO Gumma,

Tehsil Joginder Nagar, Mandi (H.P.)

...Petitioner

Versus

1. Spl. Secy., Bhakra Beas Management Board,

Sec-19-B, Madhya Marg, Chandigarh

2. The Resident Engineer, DPH, BBMB, P.W., Slapper,

Himachal Pradesh.

...Respondent

APPEARANCES

For the Workman

Sh. Manjit Dhiman, Adv.

For the Management

Sh. Ravinder Sharma, Adv.

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3831

AWARD

Passed on 30.7.2015

Central Government vide Notification No. L-23012/4/

2006-IR(CM-II)) Dated 02.08.2007, by exercising its powers

under Section 10 Sub-section (1) Clause (d) and Sub-

section (2-A) of the Industrial Disputes Act.

"Whether the action of the management of BBMB in

terminating the services of Sh. Vinod Kumar w.e.f.

14.10.2005 is legal and justified? If not, to what relief is

the workman entitled?"

The facts, in brief, are that Sh. Tek Chand, father of the

workman was a permanent employee of Punjab State

Electricity Board and was allocated to BBMB. Sh. Tek Chand

expired on 20.2.2003 while in service. Consequently, the

workman being son of Sh. Tek Chank applied for an

appointment on compassionate grounds with the BBMB

and he was appointed as T-mate by the Resident Engineer,

DPH Division, BBMB (PW), Slapper (HP) vide letter dated

7.7.2003 in the pay scale of Rs. 2720-4300.

The workman joined the services on 9.7.2003 on regular

vacant post for 89 days at the first instance and thereafter,

he continuously remained in service for more than Two

years.

It is pleaded that the Resident Engineer vide his letter

dated 13.10.2005 (Annexure R-15) terminated the services

of the workman and the same is illegal as there was no

reason to terminate his services, and the services of the

other persons similarly placed were regularized. It is also

pleaded that there is a violation of provisions of Section

25(G) & 25(N) of the Act. He has prayed that he be reinstated

in service with all consequential benefits.

Respondent Management filed written statement

pleading that the workman was not appointed on

Compassionate Grounds but was appointed on temporary

basis for 89 days only as T-mate as per guidelines issued

by the Board vide letter dated. 24.8.1990 and 21.3.1991 i.e.

Annexure R-1 & R-2. It is further stated that the conditions

for giving employment on compassionate grounds to family

members of board's own recruited employees, and that of

other Departments/Electricity Boards are different and the

applications of the dependants of employees of other

departments for employment are sent to the parent

department/Electricity Boards. Case of the workman was

taken up with the PSEB vide different letters to give him

employment on compassionate grounds and in the

meantime, he was given extension in service from time to

time. PSEB has informed that a sum of Rs. 3 lac is being

given as Solatium in lieu of Compassionate Appointment

in view of the new policy dated 23.11.2004. It was the PSEB

who was to give employment to the workman.

Since the workman was employed on contract basis for

89 days, the services were ordered to be terminated along

with others in view of the letter dated 10.10.2005(R-13)

issued by the Special Secretary, BBMB and accordingly,

the letter dated 13.10.2005 was issued.

Parties were given opportunity to lead evidence.

In support of his case, the workman appeared in the

Witness box and filed an affidavit supporting his case as

set out in the claim statement.

On the other hand, Sh. G.C. Sharma, Resident Engineer

was examined who filed an affidavit reitrating the case of

the management as stated in the written statement.

Both the counsels carried me through the different letters

issued by the Board and argued at length in favour of/

against regular appointment to the dependants of the

employees who died while serving with the Board. But this

Court need not consider whether the workman was entitled

for getting regular service with the Board or not. As per the

Terms of Reference, it is only to determine whether

termination of the workman w.e.f. 14.10.2005 is legal and

justified.

The contents of the appointment letter dt. 7.7.2003

(Annexure-1) shows that offer was given to the workman

for the post of T-mate on contract basis for 89 days.

Thereafter, he was continuously given extension and as

per his case in para 4 of the claim statement, he

continuously remained in the service up to 14.10.2005 which

is not controverted in the written statement. Letter dated

10.3.2005 (Annexure R-5) shows that the workman was given

extension for the 8th time. Thus the workman continuously

remained in service with the Board.

There is nothing is on the file that the there was any

break in service and rather letters (Annexure R-4 & R-5)

shows that extensions were given prior to the expiry of the

previous periods. Thus the workman continuously remaned

in service for the period 9.7.2003 to 14.10.2005.

Now the question is whether the services of such a

person who remained in continuous service for more than

2 years, though was given extensions for 89 days can be

'retrenched'. The relevant portion of termination letter dated

13.10.2005 (Annexure-R-15) are as follows:—

"As per Board's decision on the subject as circulated

vide spl. Secy. No. 8648-52 R&R 329 R-2/L-37/L- dt.

10.10.2005 CE/SO BBMB (PW), Chandigarh No. Fax

Message dt. 11.10.2005 and SE/DPH Circle, BBMB(PW)

Slapper Endst. No. 17298 dt 11.10.05, your services are

hereby dispensed with effect from 15.10.05 A.M. in

accordance with the terms and conditions of your letter of

appointment.

A bank draft cheque No.G-587438 dt. 14/X/05 drawn on

State Bank of India Slapper for Rs. 11544/ (Rs. Eleven

Thousand Five Hundred Forty Only) an account of the

following dues as admissible under the Industrial Dispute

Act, 1947, is enclosed’’

3832

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

Thus the letter was issued on the basis of letter dt.

10.10.2005 of Spl. Secy, BBMB. The relevant portion of

the letter dt. 10.10.2005 (Annexure R-15) is read as

under:—

"Approval of Chairman, BBMB is hereby conveyed for

giving extension in service to the dependants of the

deceased PWEB employees (11 Nos. as per list

Enclosed) up to 15.10.2005, notwithstanding the dates

on which their previous spells have expired.

The service of above employees shall be terminated by

the respective Head of Deptt. by fulfilling the requirements

of section 25F of ID Act by giving each of them retrenchment

compensation which shall be equivalent to 15 days average

pay for every completed year of continuous service or any

part thereof in excess of six months) and one month wages

in lieu of notice.’’

‘‘The perusal of the letter dated 13.10.2005 shows that

the Chairman of the Board has given approval for

extension in service to the dependants of the deceased

PSEB employees up to 15.10.2005 but in the 2nd para,

the Spl. Secy. BBMB ordered to terminate the services

of the employees as per Section 25F of the Act. This

letter does not show whether it was the Chairman who

approved the termination of the services of the

employees. The approval given by the Chairman for

termination of the services of the employees has not

been brought on record. It is not clear whether the Spl.

Secretary was competent to order the termination of the

employees. Thus it cannot be said that 'retrenchment'

has been ordered by the Competent Authority, and

being so, the termination order dt. 13.10.2005 (Annexure

R-15) on the basis of letter dated 10.10.2005 (Annexure

R-13) cannot be termed as legal and valid.

It has been specifically ordered vide letter dated

13.10.2005 to fulfill the requirement of section 25F of the

Act meaning thereby, that the employee was 'retrenched'.

'Retrenchment' is defined under section 2(oo) of the Act

which read as under:—

"retrenchment means the termination by the employer

of the service of a workman for any reason whatsoever,

otherwise than as a punishment inflicted by way of

disciplinary action, but does not include—

(a) voluntary retirement of the workman; or

(b) retirement of the workman on reaching the age of

superannuation if the contract of employment

between the employer and the workman

concerned contains a stipulation in that behalf;

or

(bb)

2termination of the service of the workman as a

result of the non-renewal of the contract of

employment between the employer and the

workman concerned on its expiry or of such

contract being terminated under a stipulation in

that behalf contained therein; or]

(c) termination of the service of a workman on the

ground of continued ill-health;]

The perusal of the provisions shows that the services

of the workman can be terminated for any reasons

whatsoever meaning thereby that the employer has to give

the reasons for retrenching the employees in every case

covered under the said clause.

Neither the Spl. Secy., nor the RE, DPH(PW), Slapper

had given any reasons for retrenching the workman i.e.

whether the workman was retrenched on account of

completion of works/financial constraints/organization of

labour/some regular appointee joined, etc.

Thus the services of the workman were terminated

without any reasons and that too the order for the same

was not passed by the Competent Authority; and as such,

the 'retrenchment' is bad in law and termination of services

of the workman on 14.10.2005 is illegal and unjustified.

The next question is whether the workman is to be

reinstated in service and, if not, be paid compensation.

The workman was initially appointed for 89 days. It is

not the case of the respondent-management that his

appointment was illegal and rather pleaded that he was

appointed as per policy issued by the Board vide their

letters dated 24.8.1990 and 21.3.1990 (Annexure R1 and

R2). The relevant portion of letter dated 24.8.1990 (Annexure

R1) read as follow:—

"The Chief Engineers, the FA&CAO and the Secretary

are hereby authorized to give employment on

compassionate grounds to a member each of family of

the deceased State Government/Electricity Boards

allocated employees (who dies while working in BBMB)

for only one spell of 89 days on 'contract basis' against

the existing regular vacant posts/vacancies".

The relevant portion of letter dated 21.3.1991 (Annexure-

R2) read as follows:—

"In case regular employment to such dependants is not

given by the State Govts/Elecy. Boards within the first

spell of 89 days, subsequent employment for 2nd and

3rd spells of 89 days each may also be given by the

Chief Engineers, the FA&CAO and the Secretary".

The workman was to be given three spells of service on

compassionate grounds but he was given extension in

service from time to time and allowed to complete two years

of service. The workman specifically pleaded in the

statement of claim that he joined the service on 9.7.2003

and continuously remained in service for two years. This

fact is not controverted by the management in written reply.

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3833

When the workman continuously worked for one year,

the protection of Section 25F of the Act became available

to him, and giving extensions, as per the policy laid down

vide above said letter is only a surplusage. Similarly by

mentioning the words on "Contract Basis" in appointment

letter, also loose its importance. It seems that the

management was aware of this and on that account, the

services of the workman were ordered to be 'retrenched',

and retrenchment is illegal as discussed earlier.

Since the workman was appointed legally as discussed,

and his retrenchment is illegal, he is to be reinstated in

service.

It is not the case of the workman that he remained without

work after the termination of his services nor any cogent

evidence has been led to that effect in this respect but

considering the totality of the facts, he is to be awarded

25% of the back wages.

In result, the reference is answered, holding that the

action of the management in terminating the services of

the workman w.e.f. 14.01.2005 is íllegal and unjust' and

workman is to be reinstated in service on the same terms

and conditions on which he worked. The management shall

reinstate him in service within one month, and pay arrears

of back wages within two months of the publication of the

award. The management is at liberty to recover the amount

so paid from the officers who are responsible for passing

an illegal order, as per law.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh] 10 flrEcj] 2015

dkñ vkñ 1846-—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947

dk 14½ dh èkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj chch,ech 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; uañ 2] p.Mhx<+ ds iapkV ¼lanHkZ la[;k 1309@2007½ dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 10@09@2015 izkIr gqvk FkkA

[lañ ,y&23012@1@2007&vkbZñvkjñ ¼lh,e&II½]

jktsUnz flag] vuqHkkx vfèdkjh

New Delhi, the 10th September, 2015

S.O. 1846.— In pursuance of Section 17 of the Industrial

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

hereby publishes the Award Ref. 1309/2007 of the

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

Chandigarh as shown in the Annexure, in the Industrial

Dispute between the management of BBMB, and their

workmen, received by the Central Government on 10/09/

2015.

[No. L-23012/1/2007-IR(CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Shri Kewal Krishan, Presiding Officer

Case No. I.D. No. 1309/2007

Registered on 4.7.2007

Sh. Satish Kumar, S/o Sh. Shiv Kumar, Vill. Dohnal, P.O.

Daroli, Tehsil Anandpur Sahib, Ropar.

Petitioner

Versus

1. The Special Secretary, Bhakra Beas Management

Board, Sector 19-B, Madhya Marg, Chandigarh.

2. The Chief Engineer/Generation, Bhakra Beas

Management Board (Power Wing), Nangal Township.

3. The Financial Advisor & Chief Accountant Officer

Bhakra Beas Management Board, Nangal Township.

Respondent

APPEARANCES

For the workman

Sh. Manjit Dhiman, Adv.

For the Management

Sh. N.K. Zakhmi, Adv.

AWARD

Passed on 30.7.2015

Central Government vide Notification No. L-23012/1/

2007-IR(CM-II) Dated 26.06.2007, by exercising its powers

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

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

(hereinafter referred to as 'Act') has referred the following

Industrial dispute for adjudication to this Tribunal:—

"Whether the action of the management of BBMB in

terminating the services of Sh. Satish Kumar w.e.f.

14.10.2005 is legal and justified? If not, to what relief is

the workman entitled?"

The facts, in brief, are that Sh. Shiv Kumar, father of the

workman was a permanent employee of Punjab State

Electricity Board and was allocated to Bhakra Beas

Management Board. Sh. Shiv Kumar expired on 1.4.2001

while in service. The workman, being son of Sh. Shiv Kumar,

applied for appointment on compassionate grounds with

the Board, and he was appointed as Steno Typist by the

Chief Engineer, Nangal, vide letter dated 20.6.2001

(Annexure 1), in the pay scale of 3480-6500.

The workman joined the service on 5.7.2001 on regular

vacant post for 89 days and thereafter he continued in

service for four years. It is pleaded that FA & CAO

terminated his services, by issuing termination letter dated

14.10.2005 (Annexure R14) on the basis of letter dated

10.10.2005(Annexure-R13) issued by the Special Secretary

3834

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

workman has continuously remained in service with the

Board.

Now the question is whether the services of such a

person who remained in continuous service for 4 years,

though was given extensions for 89 days, can be

'retrenched'. The relevant portion of termination of letter

dated 14.10.2005 (Annexure-R-14) are as follow:—

"(1) You were oppointed on purely temporary (89 days)

basis as Steno Typist vide Chief Engineer/Generation

letter No. CEG/PEN-32/5468-69 dated 20.6.2001.

(2)

In view of Special Secretary, BBMB, Chandigarh letter

No. 8648-52/R&R/329/R-2/L-37/L dated 10.10.2005

your services are terminated w.e.f. 14.10.2005 (AN)

under Section 25F of I.D. Act.

(3)

A bank draft of Rs. 34852-00 bearing No. 306113 dated

13.10.2005 on account of following dues as admissible

under I.D. Act is enclosed.

(I) One month pay in lieu of one month notice pay

Rs. 7037-00 and pay dues for the period from

26.8.2005 to 14.10.2005 Rs. 11576-00.

(II) Compensation equivalent of 15 days wages for

each completed year of service Rs. 17239-00."

Thus, this letter was issued on the basis of letter dt.

10.10.2005 of Spl. Secy, BBMB. The relevant portion of the

letter dt. 10.10.2005 (Annexure-R13) read as under:–

1. "Approval of Chairman, BBMB is hereby

conveyed for giving extension in service to the

dependents of the deceased PSEB employees (11

Nos. as per list enclosed) upto 15.10.2005,

notwithstanding the dates on which their previous

spells have expired.

2. The services of above employees shall be

terminated by the respective Head of Deptt. by

fulfilling the requirement of section 25F of ID Act.

By giving each of them retrenchemnt

compensation (which shall be equivalent to 15

days average pay for every completed year of

continuous service or any part thereof in excess

of six months) and one month's wages in lieu of

notice."

This letter shows that the Chairman of the Board has

given approval for extension in service to the dependants

of the deceased PSEB employees upto 15.10.2005 but in

the 2nd para, the Spl. Secy, BBMB ordered to terminate the

services of the employees as per section 25F of the Act.

This letter does not show whether it was the Chairman

who approved the termination of the services of the

employees, as the approval given by the Chairman for

termination of the services of the employees has not been

brought on record. It is not clear whether the Spl. Secretary

was competent to order the termination of employees. Thus

of the Board. That the termination of the services is illegal

as the services of the workmen similarly placed were

regularized and no reason has been given for terminating

his services. There is also violation of Section 25G and

Section 25N of the Act. It was prayed that he be reinstated

in service with all the benefits.

Respondent management file written statement pleading

that the workman was not appointed on compassionate

grounds but was given appointment for 89 days on

temporary basis as per guidelines issued by the Board,

vide letter dated 24.8.1990 and 21.3.1991 (Annexure R3 and

R4). It is further pleaded that the condition for giving

employment on compassionate grounds to family members

of the Board's own recruited employees, and of other

departments is a different and the applications of persons

belonging to other departments/Electricity Departments

are sent to the parent department/Electricity board for

giving employment on compassionate grounds. The case

of the workman was taken up with the Punjab State

Electricity Board vide different letters and in the meantime

he was given extension in service. Now the Electricity Board

has informed that a sum of Rs. 3 lac is being given as

solatium in lieu of compassionate appointment vide its

policy dated 23.11.2004. Since the workman was employed

on contract basis for 89 days, his services were ordered to

be terminated along with others in view of the letter dated

10.10.2005 (Annexure R13) issued by the Special Secretary

of the Board and the termination order dated 14.10.2005

(Annexure R14) is legal and valid.

Parties were given opportunity to lead evidence.

In support of his case, the workman appeared in the

Witness Box and filed an affidavit supporting his case as

set out in the claim statement.

On the other hand, respondent management has

examined Sh. Shashi Paul Rana, Accounts Officer, BBMB,

who filed his affidavit reiterating the case of the

management.

Both the counsels carried me through the different letters

issued by the Board and argued at length in favour of/

against regular appointment to the dependants of the

employees who died while serving with the Board. But this

Court need not consider whether the workman was entitled

for getting regular service with the Board or not. As per the

Terms of Reference, it is only do determine whether

termination of the workman w.e.f. 14.10.2005 is legal and

justified.

The contents of the appointment letter dt. 20.3.2001

(Annexure-I) shows that offer was given to the workman

for the post of Steno-Typist on contract basis for 89 days.

Thereafter, he was continuously given extension and as

per his case as set out in para 4 of the claim statement, he

continuously remained in the service upto 14.10.2005 which

is not controverted in the written statement. Thus, the

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3835

it cannot be said that 'retrenchment' has been ordered by

the Competent Authority, and being so, the termination

order dt. 14.10.2005 (Annexure R-14) on the basis of letter

dated 10.10.2005 (Annexure R-13) cannot be termed as legal

and valid.

Since it has been specifically ordered to fulfill the

provisions of section 25 F of the Act meaning thereby, the

employees were 'retrenched'. Retrenchment' is defined

under section 2(oo) of the Act which read as under:—

"retrenchment means the termination by the employer

of the service of a workman for any reason whatsoever,

otherwise than as a punishment inflicted by way of

disciplinary action, but dues not include—

(a) voluntary retirement of the workman; or

(b) retirement of the workman on reaching the age of

superannation if the contract of employment

between the employer and the workman

concerned contains a stipulation in that behalf;

or

(bb)

2termination of the service of the workman as a

result of the non-renewal of the contract of

employment between the employer and the

workman concerned on its expiry or of such

contract being terminated under a stipulation in

that behalf contained therein; or [(c) termination

of the service of a workman on the ground of

continued ill-health;]

The perusal of the provisions shows that the services

of the workman can be terminated for any reasons

whatsoever meaning thereby that the employer has to give

the reasons for retrenching the employees in every case

covered vide the said clause.

Neither the Spl. Secy., nor the Financial Advisor & Chief

Accountant Office Bhakra Beas Management Board, Nangal

Township, given any reasons for retrenching the workman

i.e. whether the workman was 'retrenched' on account of

completion of work/Financial Constraints/Organization of

Labour/or some regular employee joined etc.

Thus the service of the workman were terminated

without any reasons and that too the order for the same

was not passed by the Competent Authority; and as such,

the 'retrenchment' is bad in law and termination of services

of the workman on14.10.05 is illegal and unjustified.

The next question is whether the workman is to be

reinstated in service and, if not, be paid compensation.

The workman was initially appointed for 89 days. It is

not the case of the respondent-mangement that his

appointment was illegal and rather pleaded that he was

appointed as per policy issued by the Board vide their

letters dated 24.8.1990 and 21.3.1990 (Annexure R3 and

R4). The relevant portion of letter dated 24.8.1990

((Annexure R3) read as follow:—

"The Chief Engineers, the FA&CAO and the Secretary

are hereby authorized to give employment on

compassionate grounds to a member each of family

of the deceased State Government/Electricity Boards

allocated employees (who dies while working in

BBMB) for only one spell of 89 days on 'contract

basis' against the existing regular vacant posts/

vacancies".

The relevant portion of letter dated 21.3.1991 (Annexure-

R4) read as follow:—

"In case regular employment to such dependants is not

given by the State Govt/Elecy. Boards within the

first spell of 89 days, subsequent employment for

2nd and 3rd spells of 89 days each may also be given

by the Chief Engineers, the FA&CAO and the

Secretary".

The workman was to be given three spells of service on

compassionate grounds but he was given extension in

service from time to time and allowed to complete four

years of service. The workman specifically pleaded in the

statement of claim that he joined the service on 5.7.2001

and continuously remained in service for four years. This

fact is not controverted by the management in written reply.

When the workman continuously worked for one year,

the protection of Section 25F of the Act became available

to him, and giving extensions, as per the policy laid down

vide above said letter is only a surplusage. Similarly by

mentioning the words on "Contract Basis" in appointment

letter, also loose its importance. It seems that the

management was aware of this and on that account, the

services of the workman were ordered to be 'retrenched',

and retrenchment is illegal as discussed earlier.

Since the workman was appointed legally as discussed,

and his retrenchment is illegal, he is to be reinstated in

service.

It is not the case of the workman that he remained without

work after the termination of his services nor any cogent

evidence has been led to that effect in this respect but

considering the totality of the facts, he is to be awarded

25% of the back wages.

In result, the reference is answered, holding that the

action of the management in terminating the services of

the workman w.e.f. 14.10.2005 is 'illegal and unjust' and

workman is to be reinstated in service on the same terms

and conditions on which he worked. The management shall

reinstate him in service within one month, and pay arrears

of back wages within two months of the publication of the

award. The management is at liberty to recover the amount

so paid from the officers who are responsible for passing

an illegal order, as per law.

KEWAL KRISHAN, Presiding Officer

3836

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

ubZ fnYyh] 10 flrEcj] 2015

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FkkA

[lañ ,y&23012@2@2007&vkbZ-vkj- ¼lh,e&II½]

jktsUnz flag] vuqHkkx vfèdkjh

New Delhi, the 10th September, 2015

S.O. 1847.— In pursuance of Section 17 of the Industrial

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

hereby publishes the Award Ref. 1323/2007 of the Cent.

Govt. Indus. Tribunal-cum-Labour Court No. 2, Chandigarh

as shown in the Annexure, in the industrial dispute between

the management of BBMB, Bhakra Beas Management

Board, and their workmen, received by the Central

Government on 10/09/2015.

[No. L-23012/2/2007-IR(CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II, CHANDIGARH

Present: Shri Kewal Krishan, Presiding Officer.

Case No. I.D. No. 1323/2007

Registered on 16.7.2007

Ms. Archana Rishi, D/o Late Sh. Chander Mohan Rishi,

H.No. 30W, Dobetta Colony, Nangal Township, Ropar.

...Petitioner

Versus

1. The Chief Engineer, (Genration), BBMB, Power Wing,

Nangal Township.

2. Sr. Accounts Officer, Bhakra Beas Management

Board, Nangal Township.

...Respondent

APPEARANCES

For the workman

Sh. Manjit Dhiman, Adv.

For the Management

Sh. N.K. Zakhmi, Adv.

AWARD

Passed on 30.7.2015

Central Government vide Notification No. L-23012/2/

2007-IR(CM-II) Dated 5.7.2007, by exercising its powers

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

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

referred to as 'Act') has referred the following Industrial

dispute for adjudication to this Tribunal:—

"Whether the action of the management of BBMB in

terminating the services of Ms. Archana Rishi w.e.f.

14.10.2005 is legal and justified? If not, to what relief is

she entitled?"

The facts, in brief, are that Sh. Chander Mohan Rishi,

father of the workman was a permanent employee of the

Punjab State Electricity Board and was working as a Senior

Assistant. He was allocated to Bhakra Beas Management

Board. Sh. Chander Mohan Rishi died on 17.5.2002 while in

service of the Board. The workman applied for appointment

on compassionate grounds with the Board. She was

appointed as Upper Division Clerk by the Financial Advisor

and Chief Accounts Officer, BBMB, Nangal Township vide

letter dated 18.9.2002 (Annexure 1), in the pay scale of

Rs. 4600-7250/-.

The workman joined the services on 18.9.2002 on regular

vacant post for 89 days and she continued till 14.10.2005.

Her services were terminated by FA & CAO vide letter

dated 14.10.2005 (Annexure 14), on the basis of letter dated

10.10.2005 (Annexure- 13) issued by the Special Secretary

of the Board.

It is pleaded that the termination of her services is illegal

as the services of the workmen similarly placed were

regularized and no reason has been given for terminating

her services. There is also violation of Section 25G and

Section 25N of the Act. It was pleaded that she be reinstated

in service with all the benefits.

Respondent management filed written statement

pleading that the workman was not appointed on

compassionate grounds but was given appointment for 89

days on temporary basis as per guidelines issued by the

Board, vide letter dated 24.8.1990 and 21.3.1991 (Annexure

R3 and R4). It is further pleaded that the conditions for

giving employment on compassionate grounds to family

members of the Board's own recruited employees, and of

other department/Electricity Boards is a different and the

applications of persons belonging to other department/

Electricity Departments are sent to the parent department/

electricity board for giving employment on compassionate

grounds. The case of the workman was taken up with the

Punjab State Electricity Board vide different letters and in

the meantime she was given extension in service. Now the

Electricity Board has informed that a sum of Rs. 3 lac is

being given as solatium in lieu compassionate appointment

vide its policy dated 23.11.2004.

Since the workman was employed on contract basis for

89 days, her services were ordered to be terminated along

with others in view of the letter dated 10.10.2005 (Annexure

R13) issued by the Special Secretary of the Board and the

termination order dated 14.10.2005 (Annexure R14 ( is legal

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3837

and valid.

Parties were given opportunities to lead evidence.

In support of her case, the workman, Mrs. Archana Rishi

appeared in the witness box and filed here affidavit

reiterating here case as set out in the claim petition.

On the other hand, respondent management has

examined Sh. Shashi Paul Rana, Accounts Officer, BBMB,

who filed his affidavit reiterating the case of the

management.

Both the counsels carried me through the different letters

issued by the Board and advanced lengthy arguments in

favour/against regular appointment of the dependents of

the employees who died while in service with the Board.

But this Court is not to consider whether and workman

was entitled for getting regular service with the Board or

not. As per term of reference, it is only to determine whether

termination of the workman w.e.f. 14.10.2005 is legal and

justified.

The contents of the appointment letter dated 18.9.2002

(Annexure R2) shows that the offer was given to the

workman for the post of Upper Division Clerk on contract

basis for 89 days. Thereafter, she was continuosly given

extension and as per the averments in Para 4 of the claim

statement, she continously worked upto 14.10.2005 which

is not controverted in the written statement. Thus, the

workman continuosly remained in service with the Board

from 18.9.2002 to 14.10.2005.

There is nothing on the file that there was any break in

service and the letters/documents placed on the file shows

that extension was given prior to the expiry of the previous

periods. Thus the workman continuously remained in

service from 18.9.2002 to 14.10.2005

Now the question is whether the service of such a

person who continued in service for more than 3 years, can

be retrenched. The relevant portion for the termination of

letter dated 14.10.2005 (Annexure R14) read as folow:—

"(1) You were appointed on purely temporary (89 days)

basis as UDC vide this office letter No. 3556 dated

18.9.2002.

(2) In view of Special Secretary, BBMB, Chandigarh

letter No. 8648-52/R&R/329/Rs-2/L-37/L dated

10.10.2005 your services are terminated w.e.f.

14.10.2005 (AN) under Section 25 of I.D. Act.

(3) A bank draft of Rs. 41309-00 bearing No. 306111

dated 13.10.2005 on account of following dues as

admissible under I.D. Act is enclosed.

(1) One month pay in lieu of one month notice pay

Rs. 9170-00 and pay dues for the period from

22.8.2005 to 14.10.2005 Rs. 162680-00

(II) Compensation equivalent of 15 days wages for

each completed year of service Rs. 15871-00."

Thus this letter was issued on the basis of letter dated

10.10.2005 (Annexure R13) of Sepecial Secretary to the Board

and its relevant portion read as follow:—

1.

"Approval of Chairman, BBMB is hereby conveyed

for giving extension in service to the dependents

of the deceased PSEB employees (11 Nos. as per

list enclosed) upto 15.10.2005, notwithstanding the

dated on which their previous spells have expired.

2

The services of above employees shall be

terminated by the respective Head of Deptt. by

fulfilling the requirement of section 25F of ID Act.

By giving each of them retrenchment compensation

(which shall equivalent to 15 days average pay for

every completed year of continous service or any

part thereof in excess of six months) and one months

wages in lieu of notice."

The perusal of the letter dated 13.10.2005 shows that

the Chairman of the Board has given approval for extension

in service to the dependants of the deceased PSEB

employees upto 15.10.2005 but in the 2nd para, the Spl.

Secy, BBMB ordered to terminate the services of the

employees as per Section 25F of the Act. This letter does

not show whether it was the Chairman who approved the

termination of the services of the employees. The approval

given by the Chairman for termination of the services of

the employees has not been brought on record. It is not

clear whether the Spl. Secretary was competent to order

the termination of the employees. Thus it cannot be said

that 'retrenchment' has been ordered by the Competent

Authority, and being so, the termination order dt. 13.10.2005

(Annexure R-15) on the basis of letter dated 10.10.2005

(Annexure R-13) cannot be termed as legal and valid.

It has been specifically ordered vide letter dated

13.10.2005 to fulfill the requirement of section 25F of the

Act meaning thereby, that the employee was 'retrenched'.

'Retrenchement' is defined under section 2(oo) of the

Act which read as under :—

"retrenchment means the termination by the employer

of the service of a workman for any reason whatsoever,

otherwise than as a punishment inflicted by way of

disciplinary action, but does not include—

(a) voluntary retirement of the workman; or

(b) retirement of the workman on reaching the age of

superannuation if the contract of employment

between the employer and the workman

concerned contains a stipulation in that behalf;

or

(bb)

2termination of the service of the workman as a

result of the non-renewal of the contract of

employment between the employer and the

3838

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

workman concerned on its expiry or of such

contract being terminated under a stipulation in

that behalf contained therein; or (c) termination

of the the service of a workman on the ground of

continued ill-health;’’

The persual of the provisions shows that the services

of the workman can be terminated for any reasons

whatsoever meaning thereby that the employer has to give

the reasons for retrenching the employees in every case

covered under the said clause.

Neither the Spl. Secy., nor the FA&CAO, Nangal

Township, had given any reasons for retrenching the

workman i.e. whether the workman was retrenched on

account of completion of works/financial constraints/

organization of labour/some regular appointee joined,

etc.

Thus the services of the workman were terminated

without any reasons and that too the order for the same

was not passed by the Competent Authority; and as such,

the 'retrenchment' is bad in law and termination of services

of the workman on 14.10.05 is illegal and unjustified.

The next question is whether the workman is to be

reinstated in service and, if not, be paid compensation.

The workman was initially appointed for 89 days. It is

not the case of the respondent-management that his

appointment was illegal and rather pleaded that she was

appointed as per policy issued by the Board vide their

letters dated 24.8.1990 and 21.3.1990 (Annexure R3 and

R4). The relevant portion of letter dated 24.8.1990 (Annexure

R3) read as follow:—

"The Chief Engineers, the FA&CAO and the Secretary

are hereby authorized to give employment on

compassionate grounds to a member each of family of

the deceased State Government/Electricity Boards

allocated employees (who dies while working in BBMB)

for only one spell of 89 days on 'contract basis' against

the existing regular vacant posts/vacancies".

The relevant portion of letter dated 21.3.1991 (Annexure-

R4) read as follow:—

"In case regular employment to such dependants is not

given by the State Govts/Elecy. Boards within the first

spell of 89 days, subsequent employment for 2nd and

3rd Spell of 89 days each may also be given by the Chief

Engineers, the FA&CAO and the Secretary".

The workman was to be given three spells of service on

compassionate grounds but she was given extension in

service from time to time and allowed to complete more

than three years of service. The workman specifically

pleaded in the statement of claim that she joined the serivce

on 18.9.2002 and continuously remained in service for three

years. This fact is not controverted by the management in

written reply.

When the workman continuously worked for one year,

the protection of section 25F of the Act became available

to her, and giving extensions, as per the policy laid down

vide above said letter is only a surplusage. Similarly by

mentioning the words on 'Contract Basis' in appointment

letter, also loose its importance. It seems that the

management was aware of this and on that account, the

services of the workman were ordered to be 'retrenched',

and retrenchment is illegal as discussed earlier.

Since the workman was appointed legally as discussed,

and his retrenchment is illegal, she is to be reinstated in

service.

It is not the case of the workman that she remained

without work after the termination of her services nor any

cogent evidence has been led to that effect in this respect

but considering the totality of the facts, she is to be

awarded 25% of the back wages.

In result, the reference is answered, holding that the

action of the management in terminating the services of

the workman w.e.f. 14.01.2005 is 'illegal and unjust' and

workman is to be reinstated in service on the same terms

and conditions on which she worked. The management

shall reinstate her in service within one month, and pay

arrears of back wages within two months of the publication

of the award. The management is at liberty to recover the

amoung so paid from the officers who are responsible for

passing an illegal order, as per law.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh] 10 flrEcj] 2015

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14½ dh èkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj bZlh,y ds izcaèra=

ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaè eas fufnZ"V

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

vlulksy ds iapkV ¼lanHkZ la[;k 27@2004½ dks izdkf'kr djrh gS]

tks dsUnzh; ljdkj dks 10@09@2015 izkIr gqvk FkkA

[la- ,y&22012@258@2003&vkbZ-vkj- ¼lh&II½]

jktsUnz flag] vuqHkkx vfèdkjh

New Delhi, the 10th September, 2015

S.O. 1848.— In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 27/2004) of the Cent.

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

in the Annexure, in the industrial dispute between the

management of Kalidaspur Project, M/S Eastern Coalfields

Limited and their workmen, received by the Central

Government on 15.09.2015.

[No. L-22012/258/2003-IR(CM-II)]

RAJENDER SINGH, Section Officer

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3839

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, ASANSOL

PRESENT: Shri Pramod Kumar Mishra, Presiding Officer

REFERENCE No. 27 OF 2004

PARTIES: The management of Kalidaspur Project of

M/s. ECL

Vs.

Sri Bihari Bhuian

REPRESENTATIVES:

For the management

: Shri P.K. Goswami, Ltd. Adv.

(ECL)

For the union (Workman)

: Shri

Rakesh

Kumar,

President (KMC)

INDUSTRY : COAL

STATE : WEST BENGAL

Dated: 14.08.2015

AWARD

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

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

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

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

258/2003-IR(CM-II) dated 18.05.2004 has been pleased to

refer the following dispute for adjudication by this Tribunal.

SCHEDULE

"Whether the action of the management of Kalidaspur

Project of M/S. ECL in dismissing Shri Bihari Bhuian,

Trammer from service w.e.f. 17/27.01.2000 is legal and

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

to?"

Having received the Order No. L-22012/258/2003-IR

(CM-II) dated 18.05.2004 of the above said reference from

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

adjudication of the dispute, a Reference Case No. 27 of

2004 was registered on 21.06.2004 and accordingly an order

to that effect was passed to issue notices through the

registered post to the parties concerned directing them to

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

statements along with the relevant documents and a list of

witnesses in support of their claims. In pursuance of the

said order notices by the registered post were sent to the

parties concerned.

Case called out. Shri Rakesh Kumar, President of the

union (Koyla Mazdoor Congress) appears on behalf of the

workman and Sri P.K. Goswami, Learned Advocate appears

on behalf of the management (ECL).

Sri Rakesh Kumar submits that the case may be closed

and a "No Dispute Award may’’ be passed as the workman

has already joined in service through amicable settlement.

Since the workman has already joined in service, no dispute

exists between the parties. As such the case is closed and

accordingly a 'No. Dispute Award' may be passed.

ORDER

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

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

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

The reference is accordingly disposed of.

PRAMOD KUMAR MISHRA, Presiding Officer

ubZ fnYyh] 11 flrEcj] 2015

dkñvkñ 1849-—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947 dk

14½ dh èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj Hkkjrh; LVsV cSad ds

izcaèra= ds lc) fu;kstdksa vkSj muds deZdkjksa ds chp vuqcaè esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèdj.k

tcyiqj ds iapkV ¼lanHkZ la[;k 146@99½ dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 11@09@2015 izkIr gqvk FkkA

[lañ ,yµ 12012@551@98&vkbZ vkj ¼ch&1½]

lqefr ldykuh] vuqHkkx vfèdkjh

New Delhi, the 11th September, 2015

S.O. 1849.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 146/99) of the Cent.

Govt. Indus. Tribunal-Cum-Labour Court, Jabalpur as

shown in the Annexure, in the industrial dispute between

the management of State Bank of India and their workmen,

received by the Central Government on 11/09/2015.

[No. L-12012/551/98-IR (B-1)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/146/99

Shri Govindsingh Goyal,

S/o Shri Khemaji Goyal,

Nr. Girls High School,

Nehru Marg,

Jhabua (MP)

...Workman

Versus

Asstt. General Manager,

State Bank of India,

Region-V, Zonal Office,

Hamidia Road,

Bhopal (MP)

...Management

3840

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

AWARD

Passed on the 10th day of August, 2015

As per letter dated 30-3-99 by the Government of

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

received. The reference is made to this Tribunal under

Section-10 of I.D. Act, 1947 as per Notification No. L-12012/

551/98-IR(B-I). The dispute under reference relates to:

"Whether the action of the management of Asstt. General

Manager, State Bank of India in terminating the services of

Shri Govind Singh Goyal w.e.f. 8-7-97 is justified? If not, to

what relief the workman is entitled for?"

2. After receiving reference, notices were issued to the

parties. Workman submitted statement of claim at page 2/2

to 2/3. Case of Ist party workman is that he was working

with 2nd party from 1983 to 1998. For some period, he was

working as canteen boy. He was required to work for 8-10

hours. In 1989, he was paid Rs. 50/- per day. His wages

were increased to Rs. 20,30,34,40 per day. From 5-12-95, he

was appointed as temporary messenger. The certificate of

working was issued for the period 17-4-96 to 13-4-99. From

28-2-98, his services were discontinued. During the period

1982 to 1989, he was paid Rs. 250/- per month for his work

as messenger. From 1990 to 1996, he was paid Rs. 500 per

month. His services were terminated. He raised dispute

before RLC, Bhopal.

3. 2nd party filed written Statement at Page 8/1 to 8/6

opposing claim of the workman. 2nd party contends that

workman was employed on daily wages as messenger on

contract basis at Jhabua branch. In 1983, he worked for

3 days, in 1984-for 94 days and in 1986-4days-total 101

days. From April 96 to Dec.-96-216 days, during Jan-97 to

Dec-97-227 days and during Jan to Feb 98-54 days.

Workman was appointed on daily wages till regular

appointment of messenger. The engagement of workman

was on contract basis as per exigencies. He was not required

to report to work on next day. Workman had not completed

240 days continuous service during any calendar year. His

discontinuation is covered under Section 2(oo)(bb) of ID

Act. Workman is not entitled to retrenchment compensation

under Section 25-F of ID Act. as he was never in employment

of the Bank, his services were contractual. He has not

worked for 240 days. He is not covered as workman under

Section 25-B of ID Act. Bank has fixed rules for selection of

candidates. Workman was selected following recruitment

process. As per provisions of various agreements dated

17-11-87, 16-7-88, 27-20-88, 91-91, 30-6-96. Worman was

called for interview but he was not found fit for considering

his seniority by the Committee. It is reiterated that

discontinuation of workman is covered under Section

2(oo)(bb) of ID Act. Workman not completed 240 days

continuous service is not entitled to retrenchment

compensation.

4. Workman filed rejoinder at page 9/1 to 9/4 reiterating

his contentions in statement of claim. Workman his admitted

working days shown in Para-1 of the Written Statement.

5. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

(i) Whether the action of the

In Negative

management of Asstt.

General Manager, State

Bank of India in terminating

the services of Shri Govind

Sing Goyal w.e.f. 8-7-97 is

justified?

(ii) If not, what relief the workman

As per final order.

is entitled to?"

REASONS

6. Workman is challenging termination of his service for

violation of Section 25-F of ID Act. 2nd party contends

that workman was engaged on daily wages. He not

completed 240 days continuous service during any of the

year. Workman filed affidavit of his evidence supporting

his contentions in statement of claim. That workman worked

in 1983, he worked for 3 days, in 1984-for 94 days and in

1986-4 days-total 101 days. He was working as canteen

boy. During 17-4-96 to 30-4-96, he was appointed as

messenger. In January-February 1998, he worked for 54

days. His services were terminated without notice. Junior

employees were continued. He was called for interview on

22-9-89. One Gopal appointed in 1984 is continued in

service. In his cross-examination workman says he was

working in the branch from 1983. He did not recollect the

date. He submitted application, its copy is not produced.

Appointment letter was not issued to him in 1989. He denies

that he failed in the interview therefore he was not given

appointment. Gopal is still working with the Bank. Even

after his interview in 1989, he was working in the Bank till

February 1998. He was paid daily wages.

7.

Management's witness Rita Shukla filed affidavit

of her evidence narrating working days of workman in Para-

2,3 of affidavit. Workman worked for 216 days during April

to December 98,227 days during January 97 to December

97. Management's witness in her cross-examination says

her affidavit is filed as per record. She claims ignorance

about documents produced by workman. The copy of

settlement produced by workman is admitted and marked

Exhibit W-1. That she had not verified the certificate

produced by workman. She claims ignorance about payment

of bonus to workman. She claims ignorance about payment

of retrenchment compensation or issue notice of termination

to workman. Management's witness claims ignorance

whether payment was paid to workman from petty cash

and the register of paid cash was maintained.

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3841

Management's witness admitted letter issued by Branch

Manager it is market Exhibit W-1. In Exhibit W-2, working

days are shown from April 96 to February 1998. If working

days of workman are considered from February 98 to March

97 12 preceding months of termination of workman, the

working days comes 278. Thus workman was continuously

working more than 240 days preceding 12 months of his

termination. His services are terminated without notice, no

retrenchment compensation is paid to the workman

therefore termination of workman is illegal for violation of

Section 25-F of ID Act.

8. Claim of workman w.r.t. regularization in 1989 is not

covered in terms of reference and therefore claim of

workman on that ground cannot be considered. That

workman is illegal for violation of section 5-F of ID Act.

Therefore I record Point No. 1 in Negative.

9. Point No. 2-Workman in his cross-examination

admitted he was working on daily wages. In Exhibit W-2,

his working days during 1983 to 1985 were 101 days.

Thereafter workman was again engaged in April 96 to Feb-

98 for about 2 years. As workman was engaaged on daily

wages, reinstated with back wages would not be

approprirate. In my considered view, compensation

Rs. 60,000/- would be reasonable. Accordingly I record my

finding in Point No. 2.

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

(1) The action of the management of Asstt. General

Manager, State Bank of India in terminating the

services of Shri Govind Singh Goyal w.e.f. 8-7-97

is not legal.

(2) 2nd party is directed to pay compensation

Rs. 60,000/- to the workman. Amount as per above

order shall be paid to workman within 30 days

from the date of notification of award. In case of

default, amount shall carry 9% interest per annum

from the date of award till its realization.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 11 flrEcj] 2015

dkñvkñ 1850-—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947 dk

14½ dh èkjk 17 dh vuqlj.k esa dsUnzh; ljdkj Hkkjrh; LVsV cSad ds

izcaèra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqcaè esa

fufnZ"V Je U;k;ky;] vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèdj.k] tcyiqj ds iapkV lanHkZ lañ ¼181@00½ izdkf'kr djrh

gS] tks dsUnzh; ljdkj dks 11-09-2015 dks izkIr gqvk FkkA

[lañ ,y&12012@219@2000&vkbZvkj ¼ch&1½]

lqefr ldykuh] vuqHkkx vfèdkjh

New Delhi, the 11th September, 2015

S.O. 1850.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. 181/00) of the Central

Government Industrial-Tribunal-cum-Labour Court,

Jabalpur as shown in the Annexure, in the Industrial Dispute

between the management of State Bank of India and their

workmen, received by the Central Government on

11-09-2015.

[No. L-12012/219/2000-IR(B-1)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/181/00

General Secretary,

Daily Wages Bank Employees Association,

Hardev Niwas, 9,

Sanwer Road, Ujjain

...Workman/Union

Versus

General Manager (Operations),

State Bank of India,

Head Office, 5,

Yeshwant Niwas Road,

....Management

AWARD

Passed on this 10th day of August, 2015

As per letter dated 16-10-2000 by the Government of

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

received. The reference is made to this Tribunal under

Section-10 of I.D. Act, 1947 as per Notification No. L-12012/

219/2000/IR(B-I). The dispute under reference relates to:

"Whether the action of the management of State Bank

of Indore in terminating the services of Shri Rajkumar

Bansiwal w.e.f. 7-7-99 is justified? If not, to what relief

the workman is entitled for?"

2. After receiving reference, notices were issued to the

parties. Ist party workman submitted statement of claim at

Page 3/1 to 3/4. Case of workman is that he was engaged

on daily wages as sweeper from 16-3-96 in Freeganj branch

Ujjain of 2nd party. He was working with honesty under

different branch managers. He was paid six day wages in a

week by voucher. He completed more than 240 days

continuous service. On his claim for bonus, his services

were terminated without notice on 7-7-99. He raised dispute

before ALC. It is reiterated that workman completed more

than 240 days continuous service. His services are

terminated without notice, retrenchement compensation is

not paid. His termination is in violation of Selection 25-F of

ID Act. Principles of last come 1st go was not followed. His

termination is in violation of section 25 of I.D Act. After

termination of his service, other persons were engaged on

daily wages are still continued. Workman was not re-

employed. His termination is in violation of section 25-H of

ID Act. On such ground, workman prays for reinstatement

with back wages.

3842

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

3. 2nd party filed Written Statement at page 6/1 to 6/12

opposing claim of the workman. Preliminary objection is

raised that Ist party workman was not appointed by 2nd

party. He has not completed 240 days continuous service.

Ist party is not covered as workman under Section 2(s) of

ID Act. The reference is not tenable. Employer employee

relationship is denied. 2nd party submits that it is registered

under State Bank of India Act, 1959. The servcies of its

employees recovered by the rules. If candidates are

selected after calling for interview, workman was not

appointed after following recruitment process. Engagement

of workman was on daily wages as per exigencies. His

discontinuation is covered under Section 2(oo)(bb) of ID

Act and does not amount to retrenchement. 2nd party in

additional pleading submits that daily wages casual workers

have no right for absorption/regularization in service

quoting ratio held in various cases. 2nd party submits that

reference be answered against workman.

4. Workman filed rejoinder at Page 7/1 to 7/2 reiterating

contentions in statement of claim.

5. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:-

‘‘(i) Whether the action of the

In Affirmative

management of State Bank

of Indore in terminating the

services of Shri Rajkumar

Bansiwal w.e.f. 7-7-99 is

justified?

(ii) If not, what relief the

Workman is not entitled

workman is entitled to?"

to any relief.

REASONS

6. Workman has challenged termination of his service

for violation of Section 25-F of ID Act. He filed affidavit of

his evidence. However he failed to appear for cross-

examination therefore his evidence cannot be considered.

7. Management filed affidavit of witness Subhash Aheer

supporting contentions of 2nd party that workman was

engaged for cleaning, sweeping work one hour morning,

one hour evening as per exigencies. Workman was paid

wages for the working days as agreed. Workman was not

continuously working, his name was not sponsored

through Employment Exchange. Workman was not

appointed following recruitment process. In his cross-

examination management's witness says he was working

in the branch during relevant period. He had seen statement

of claim filed by workman but did not see the documents

produced. Any document are not produced by him in

support of his affidavit. Looking to the correspondence in

file, his affidavit was prepared. Those documents are not

produced. How workman was paid wages was not written

in the file. For how many days wages was paid was also

not written in the file. Appointment letter was not given to

the workman. Management's witness did not admit copies

of vouchers shown to him. Witness of management admits

retrenchment notice was not issued to workman,

retrenchment compensation was not paid to him.

application for production of document was submitted by

workman. However any order on the application was not

passed. It appears that the application was not pressed.

Workman has failed to establish he was continuously

working more than 240 days preceding 12 months of his

termination.

8. On the point, counsel for 2nd party Shri Praveen

Chaturvedi relies on ratio held on ratio held in

Case of Bharat Sanchar Nigam Ltd and Mansingh

reported in 2012 (132) FLR 500. Their Lordship of the

apex court held daily wages does not hold any post

and not permanent employee. The order passed by

Labour Court was set aside and compensation Rs. 2

lakh was allowed.

In present case, termination of workman in violation of

Section 25-F of ID Act is not established. Therefore action

of 2nd party cannot be said illegal. Therefore I record my

finding in Point No. 1 in Affirmative.

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

(1) The action of the management of State Bank of

Indore in terminating the services of Shri Rajkumar

Bansiwal w.e.f. 7-7-99 is proper.

(2) Ist party workman is not entitled to any relief.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 11 flrEcj] 2015

dkñvkñ 1851-—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947 dk

14½ dh èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj Hkkjrh; LVsV cSad 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;] tcyiqj ds iapkV lanHkZ la[;k ¼178@03½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 11@09@2015 dks izkIr gqvk FkkA

[la- ,y&12012@148@2003&vkbZ vkj ¼ch&1½]

lqefr ldykuh] vuqHkkx vfèdkjh

New Delhi, the 11th September, 2015

S.O. 1851.— In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. 178/03) of the Cent. Govt.

Indus. Tribunal-cum-Labour Court, Jabalpur as shown in

the Annexure, in the industrial dispute between the

management of State Bank of India and their workmen,

received by the Central Government on 11/09/2015.

[No. L-12012/148/2003-IR(B-I)]

SUMATI SAKLANI, Section Officer

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3843

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/178/03

General Secretary,

Nationalised Bank Karmchari Sangathan,

Hardev Niwas, 9, Sanwer Road,

Ujjain

...Workman/Union

Versus

General Manager (Operations),

State Bank of India,

Head Office, 5, Yeshwant Niwas Road,

Indore

...Management

AWARD

Passed on this 17th day of August, 2015

1. As per letter dated 28-11-03 by the Government of

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

received. The reference is made to this Tribunal under

Section 10 of I.D. Act, 1947 as per Notification No. L-12012/

148/2003-IR(B-I). The dispute under reference relates to:

"Whether the action of the management of Dy. General

Manager, State Bank of Indore in not granting promotion

and non-payment of duty allowance after taking the

higher duties in respect of Shri Narendra Shah is

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

for?"

2. After receiving reference, notices were issued to the

parties. Ist party workman submitted statement of claim at

Page 4/1 to 4/5. The case of Ist party is that he was

appointed as peon in Rajghar (Dhar) branch Indore on

29-8-81. He was working with devotion. In 1983, he was

transferred from Rajghar (Dhar) branch to Jhabua branch.

In 1983, he passed HSc and requested for recording his

higher qualification to the management. From 1983 though

he was posted as peon, work of clerk was extracted from

him. On 12-7-84, he was transferred from Jhabua branch to

Rajgarh branch. On 13-7-84, he joined his duty at Rajgarh.

During 1984 to 1987, he was doing officiating work of clerk.

In 1989, he was promoted as Daftary in Rajgarh branch.

Even after his promotion as Daftary work of officiating

clerk was extracted from him. In 1994, Branch Manager

Mr. Mahajan called him in his cabin and appreciating his

experience said that he should work as Head cashier and

deposit cash security of Rs. 1000 opening account of

Rs. 100/-. Workman deposited said amount of Security on

16-11-94. Amount of security is deposited. Workman is

paid interest on it.

3. Ist party workman further submits that he had taken

over charge of Head cashier and was doing the work of

Head cashier like cash remittance. He was paid TA, DA of

post of Head cashier. He was allowed benefits of post of

clerk/LFC. Workman submits that since 1983 to 1997, work

of officiating clerk, Head cashier was extracted from him.

He was not paid allowance of officiating clerk despite

admitting the working before ALC. Workman further

submits that on 31-5-01, false chargesheet was issued to

him. He was suspended. Workman is claiming allowance

for officiating clerk as per Para-9 of the settlement dated

9-10-1966. As per Para 6.56 of Desai Award, the workman is

claiming officiating allowance from 1983 to 1997.

4. 2nd party submitted Written Statement at Page 6/1 to

6/2 opposing claim of the workman. 2nd party submits that

workman was initially appointed in the post of peon. While

working at Rajgarh, workman was suspended on 1-6-01 for

committing acts of omission. Workman was compulsorily

retired on 14-11-03. At present workman is not employee of

the Bank. Workman is claiming officiating allowance while

working in Jhabua branch in 1982 to 1983, in Rajgarh branch

from 1984 to 1987. 2nd party denied claim of workman

contending that workman was never directed to officiate in

the post of clerk. As per para 9.10 of Bipartite settlement, if

Bank requires employee to officiate in post of higher cadre,

order in writing is required. Workman was not directed to

work as officiating clerk. Vertabim of para 9.11 are

reproduced in Para 5 of the Written Statement. 2nd party

further submits that workman had committed certain

misconduct. After enquiry, punishment of withholding

4 increments was imposed against him as per letter dated

27-2-99. On 14-11-03, workman was compulsorily retired.

Workman had not appeared in exam for promotion as per

promotion policy of the Bank. Claim of workman cannot be

allowed.

5. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them from the

reasons as below:—

‘‘(i) Whether the action of the

In Affirmative

management of Dy. General

Manager, State Bank of

Indore in not granting

promotion

and

non-

payment of duty allowance

after taking the higher

duties in respect of Shri

Narendra Shah is justified?

(ii) If not, what relief, the

Workman is not

workman is entitled to?"

entitled to any relief.

REASONS

6. Claim of workman is denial of promotion and non-

payment of officiating allowance. Workman filed affidavit

of his evidence supporting his contentions in statement of

claim that work of officiating clerk was extracted from him.

He was also asked to do work of post of Head cashier.

3844

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

However he was not granted promotion neither he was

paid officiating allowance for the post of clerk. Workman

remained absent. Representative of workman Shri R.

Nagwanshi given in writing that he know that workman

would not appear for his cross-examination therefore his

evidence cannot be considered.

7. Management filed affidavit of witness Shri A.N. Tank

supporting contentions of management. In his cross-

examination, management's witness says that he was not

posted in Rajgarh branch during 1987 to 1997. He has not

seen record about service of workman. Workman was

engaged as peon. Thereafter appointed as Daftary.

Management's witness claims ignorance about working of

Ist party as clerk. He had not seen order directing workman

to work as clerk. He denied copy of statement of Bank

account. The zerox copy of receipt is denied. Management's

witness denied that workman was given charge of Head

cashier. Copy of TA bill shown to him is denied. He claims

ignorance about Account No. C-188 in name of workman.

Workman has failed to appear in cross-examination. His

evidence cannot be considered. From evidence in cross-

examination of management's witness, nothing is extracted

in support of claim of workman. Shri R. Nagwanshi did not

point out any rule supporting claim of promotion of

workman. The claim of workman is not established.

Therefore I record my finding in Point No. 1 in Affirmative.

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

(1) The action of the management of Dy. General

Manager, State Bank of Indore in not graning

promotion and non-payment of duty allowance

after taking the higher duties in respect of Shri

Narendra Shah is proper and legal.

(2) Workman is not entitled to any relief.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 11 flrEcj] 2015

dkñvkñ 1852-—vkSn~;ksfxd fookn vfèfu;e] 1947 ¼1947

dk 14½ dh èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj nf{k.k iwoZ jsyos

ds izcaèra= ds lc) fu;kstdksa vkSj muds deZdkjksa ds chp vuqcaè

esa fufnZ"V vkSn~;ksfxd fookn esa dsUnzh; ljdkj vkSn~;ksfxd

vfèdj.k@Je U;k;ky;] tcyiqj ds iapkV lanHkZ la[;k ¼209@99½

dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 11@09@2015 dks izkIr

gqvk FkkA

[lañ ,y&41012@4@99&vkbZ vkj ¼ch&1½]

lqefr ldykuh] vuqHkkx vfèdkjh

New Delhi, the 11th September, 2015

S.O. 1852.— In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref.209/99) of the

Cent.Govt.Indus.Tribunal-cum-Labour Court, Jabalpur as

shown in the Annexure, in the industrial dispute between

the management of South Eastern Railway and their

workmen, received by the Central Government on

11/09/2015.

[No. L-41012/4/99-IR(B-1)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/209/99

Smt. Premsheela Bai, LR

Late Shri Dudhia,

S/o Shri Angad,

Q.No. 3, Block No. 7,

SE.Rly Colony,

Rasmada Distt. Durg

...Workman

Versus

Divisional Engineer (East),

South Eastern Railway,

Maharashtra, Nagpur,

...Management

A W A R D

Passed on this 20th day of August, 2015

1. As per letter dated 14-5-99 by the Government of

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

received. The reference is made to this Tribunal under

Section-10 of I.D. Act, 1947 as per Notification No. L-41012/

4/99/IR(B-I). The dispute under reference relates to:

"Whether the action of the management of S.E. Railway,

Nagpur Division in terminating the service of Shri

Dudhia, S/o Shri Angad, Ex-Gate Keeper w.e.f. 31-3-98 is

justfied? If not, to what relief the workman is entitled?"

2. After receiving reference, notices were issued to the

parties. Workman died during pendency. His LRs are

brought on record. Statement of claim is filed by workman

at Page 2/1 to 2/4. Case of workman is that he was permanent

employee of SECL posted under Sr. Section Engineer was

served with chargesheet dated 24-12-97 under Rule 3 (c) of

Railway Service Conduct Rule 1966. The charge against

workman was while working as Gate Keeper under Sr. SE(P-

Way), Rajnandgaon is alleged to have committed gross

dereliction of duty. On 19-11-97, at Manned LC Gate No.

120, he failed to close the side booms even though he

exchanged P.E. resulted Train No. 8543 up Samta Express

on main line hitted a load vehicle. The workman submitted

his explanation denying the charges against him. Workman

was not supplied copies of relevant documents for his

defence. Enquiry Officer was appointed without

considering his explanation. The evidence of management's

witnesses was adduced. The delinquent workman was not

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3845

permitted to cross-examine the witnesses after completion

of Enquiry Proceedings, Enquiry Officer submitted his

report to disciplinary. Authority holding him guilty of

charges. Disciplinary Authority accepting report and

findings of Enquiry Officer, imposed punishment of

dismissal against workman. Order of his dismissal is

arbitrary. The enquiry conducted against him is vitiated.

The procedure under Railway Servants Discipline Appeal

rules 1964 was not followed. The punishment is

commensurate with the charges alleged or proved against

him. Workman was not provided details of the charges

against him. Annexure I to IV were not supplied. Material

documents were not supplied to him. List of witness was

not furnished. Workman was not given fair opportunity for

his defence. It is submitted that workman has not committed

any misconduct. The order of his dismissal is illegal as it is

not based on any evidence. The dismissal of workman is

by way of victimisation and unfair labour practice. On such

ground, workman prayed for setting aside order of his

dismissal dated 30-3-98 and his reinstatement with

backwages.

3. 2nd party filed Written Statement at Page 9/1 to 9/5

opposing claim of the workman. 2nd party submits that

ALC as well this Tribunal has no jurisdiction with the matter.

The reference pertains to removal of permanent railway

employee falls within jurisdiction of CAT as per Section 19

of Act of 1985. Workman was working as Gate keeper under

Asstt. Engineer, SE Railway at Dongergarh. Chargesheet

was issued to him for major penalty on 19-11-97. Charges

alleged against workman were proved before enquiry

Officer. The report of Enquiry was submitted to Disciplinary

Authority. The documents were served on workman on

21-2-98 were duly acknowledge on 25-2-98. Workman faild

to submit any representation. The disciplinary authority

issued notice dated 30-3-98 for removal. Workman

acknowledged it on 31-3-98. Workman was removed from

service on 31-3-98. Appeal preferred by workman was

dismissed. Workman could have approached CAT in view

of Section 19 of Act of 1985.

4. 2nd party reiterates that workman was supplied

relevant documents. It is denied that workman was not

permitted to cross examine management's witnesses. As

per report of enquiry Officer, charges against workman were

proved and punishment of removal from service was

imposed on 30-3-98. The enquiry was conducted as per

rules of 1968. Considering gravity of charges, punishment

has been imposed is legal.

5. Workman field rejoinder at Page 10/1 to 10/3 reiterating

his contentions in statement of claim.

6. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:-

(I) Whether enquiry

In Negative

conducted against

workman is proper and

legal?

(ii) Whether the charges

In Negative

alleged against workman

are proved from evidence

in enquiry Proceedings?

(iii) Whether the punishment

In Negative

of removal from service

imposed against workman

is proper and legal?

(iv) If not, what relief the

As per final order

workman is entittled to?"

REASONS

7. Workman has pleaded that enquiry was not properly

conducted against him. Documents were not supplied to

him. He was not allowed to cross-examine witnesses of

management. Procedure under rules of 1968 was not

followed. Workman died during pendency of reference, his

widow Premsheela Bai filed affidavit of her evidence stating

that on 19-11-97, her husband had closed the gate. The

tempo driver under intoxication entered in argument that

her husband and the tempo driver opened Railway Gate.

Driver and passengers in the tempo ran away when accident

had occurred. Similar affidavit of Dilip Ingle is filed. Both

the witnesses are not cross-examined.

8. Management filed affidavit of witness Shri Prasad

Naik. The management's witness says that enquiry was

conducting giving reasonable opportunity for his defence

to the workman. Punishment of removal was imposed. The

witness of the management also not appeared for cross-

examination. The record of enquiry is not produced. For

non production of enquiry Record by 2nd party, I hold that

the enquiry conducted against workman was not proper

and legal.

9. Point No. 2&3-As record of enquiry is not produced

by 2nd party, in Written Statement, no permission is

requested for proving misconduct alleged against workman.

That the charges alleged against workman are not proved

as record of enquiry is not produced. When charges against

workman are not proved, the punishment of removal from

service of workman cannot be said legal. For above reasons,

I record my finding in Point No. 2,3 in Negative.

10. Point No. 4- In view of my finding in Point No. 2,

charges against workman are not proved, the order of

removal from service of workman cannot be said legal.

Question remains for consideration is whether workman is

entitled for reinstatement with backwages. Workman died

during pendency of reference. As per copy of death

certificate, workman died on 4-2-2000 therefore

3846

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

reinstatement of workman is not possible. As charges are

not proved, removal of workman from service is illegal.

However workman is dead, reinstatement cannot be allowed.

Workman could be allowed monetary benefits or backwages

form date of his termination till his date of death of

superannuation. Accordingly I record my finding in Point

No. 4.

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

(1) The action of the management of S.E. Railway,

Nagpur Division in terminating the service of Shri

Dudhia, S/o Shri Angad, Ex-Gate Keeper w.e.f.

31-3-98 is not proper.

(2) 2nd party is directed to pay wages to the LR of

workman from the date of his removal i.e. 31-3-98

till date of death of workman or age of attaining

superannuation.

Amount as per above order shall be paid to workman

within 30 days from the date of notification of award. In

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

from the date of award till its realization.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 11 flrEcj] 2015

dkñvkñ 1853-—vkSn~;ksfxd fookn vfèfu;e] 1947 ¼1947

dk 14½ dh èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj Hkkjrh; LVsV cSad

izcaè ra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqcaè esa

fufnZ"V vkSn~;ksfxd fookn esa dsUnzh; ljdkj vkSn~;ksfxd vfèdj.k

tcyiqj ds iapkV lanHkZ la[;k ¼5@09½ dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 11@09@2015 izkIr gqvk FkkA

[ lañ ,y&12011@46@2008&vkbZ vkj ¼ch&1½]

lqefr ldykuh] vuqHkkx vfèdkjh

New Delhi, the 11th September, 2015

S.O. 1853.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref.5/09) of the

Cent.Govt.Indus.Tribunal-cum-Labour Court, Jabalpur as

shown in the Annexure, in the industrial dispute between

the management of State Bank of India and their workmen,

received by the Central Government on 11/09/2015.

[No. L-12011/46/2008-IR(B-1)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/5/09

Regional Secretary,

State Bank of India Staff Congress (INTUC)

34, Premnagar, Madan Mahal,

: Workman/Union

Jabalpur

Versus

Dy. General Manager

State Bank of India,

Zonal Office, Vijay Nagar,

Jabalpur.

... Management

AWARD

Passed on this 17th day of August 2015

1. As per letter dated 20-1-09 by the Government of

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

received. The reference is made to this Tribunal under

Section -10 of I.D. Act, 1947 as per Notification

No. L-12011/46/2008/IR(B-I). The dispute under reference

relates to:

"Whether the action of the Deputy General Manager,

State Bank of India, Zonal Office, Vijay Jagar, Jabalpur

(MP) in not considering interest on delay payment of

arrears to Shri S.A. Henry, Sr. Assistant, SBI, SBI

Jawaharganj Branch, Jabalpur is fair, legal and justified?

If not, to what relief is the workman concerned entitled?"

2. After receiving reference, notices were issued to the

parties. Ist party submitted statement of claim at Page 2/1

to 2/2 through Divisional Secretary, SBI Staff Congress,

Jabalpur. Case of Ist party is that he was working as Head

cashier in despatch section in SBI, Jabalpur from January

90. 4 clerks were provided in despatch section under his

supervisor. Each clerk was allotted different kind of works.

On 28-10-91, workman was advised by Asstt. General

Manager that some work in despatch section was delayed

and Bank had suffered loss of interest. Workman asked its

details but no reply was given. Chargesheet was issued to

workman on 4-4-98 after 7 years. Enquiry was conducted in

2005. Workman was exonerated of charges against him. He

was granted promotion with retrospective effect from

1-4-99 as Sr. Assistant and 1-4-01 as special Assistant.

Workman was paid arrears in May 07. Workman claims

interest at 24-25% per annum on delayed payment

calculated to Rs. 1,43,561/-. Workman also claims he is

entitled for voluntary retirement scheme benefit. Said claim

is beyond the terms of reference.

3. Pleadings in statement of claim are vague w.r.t. the

amount paid to workman in May 2007. On what ground,

said payment was made is also not disclosed in statement

of claim.

4. 2nd party filed Written Statement opposing claim of

the workman. 2nd party submits that workman has not

submitted full facts in his statement of claim. Workman

was working as Assistant at Ranjhi branch of SBI at

Jabalpur. On 4-4-98, chargesheet was issued to workman.

He was negligent in the bank causing loss to the Bank.

Workman challenged Writ Petition No. 4193/1998 on

ground of delay. Enquiry was stayed. Writ Petition was

dismissed on 13-1-03. Workman challenged said order filing

LPA 92/03 before Hon'ble High Court, order of single bench

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3847

was stayed. LP was dismissed on 1-9-05. Thereafter enquiry

against workman was held. Workman was exonerated on

30-11-05. Ist party was issued chargesheet on 29-11-97, the

charges against workman were proved in the Enquiry

Proceedings. Punishment of withholding two increments

was imposed against workman on 30-3-01. Workman filed

appeal against the order of punishment. The appeal was

rejected. 3rd chargesheet was issued on 11-10-99 after

conducting DE, punishment of reducing pay by two stage

was imposed on 27-3-02. Workman was promoted as

Sr. Assistant from 1-4-97 as per order dated 1-6-06. He was

also promoted as special Assitant from 1-4-01 vide order

dated 3-8-06. However workman was working in different

branches at Ranjhi, OFK. Therefore arrears of salary were

paid on 26-5-07, 30-3-07. The Competent authority had

allowed payment of arrears showing leniency. The payment

was sanctioned on 1-6-06. The delay in payment was caused

due to workman was working in different branches. Claim

of workman for interest 24-25% is not legal. 2nd party prays

for rejection of claim.

5. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:-

(i) Whether the action of the

In Negative

Deputy General Manager,

State Bank of India, Zonal

Office, Vijay Nagar, Jabalpur

(MP) in not considering

interest on delay payment

of arrears to Shri S.A. Henry,

Sr. Assistant, SBI, SBI

Jawaharganj

Branch,

Jabalpur is fair, legal and

justified?

(ii) If not, what relief the

As per final order.

workman is entitled to?"

REASONS

6. Workman is claiming interest at 24-25% on the ground

of arrears and statement of claim is not disclosing what

kind of arrears were paid to him. at the time of argument,

workman tried to explain that arrears paid to him were of

special allowance whereas Written Statement filed by 2nd

party shows that arrears of salary was sanctioned to

workman on 1-6-06. However as workman was working in

different branches, delay was caused in payment of amount

of arrears of salary. As per Written Statement, amount was

paid by Jawahar branch on 14-5-07 by Ranjhi branch and

OFK branch on 26-5-07, 30-3-07.

7. Workman filed affidavit of his evidence dated

25-9-2013. Workman says that in disciplinary proceeding,

he was exonerated in 2005. He was given promotion as

Sr. Assistant from 1-4-99, Special Assistnat from 1-4-01 as

per order dated 1-6-06. On pretext of disciplinary

proceedings were pending, after completion of disciplinary

proceedings, he was promoted. The chargesheet issued to

him after 7 years. The allowances were paid w.r.t. 1-4-99

and 1-4-01 every months. He claims interest at rate of over

draft 24-25% Management cannot be blamed for said delay.

Immediately after the writ appeal was dismissed by Hon'ble

High Court, enquiry was completed, workman was

exonerated. The order for payment of arrears of salary was

passed on 1-6-06. The payment should have been made

within reasonable time. However the payment of arrears

was paid on30-3-07, 14-5-07, 26-5-07 by the respective

branches. Therefore workman is entitled to reasonable

interest on amount of arrears paid to workman from above

dates. Accordingly I record my finding in Point No.1.

8. Point No.2-In view of my finding in Point No.1 that

workman is entitled to interest on amount of arrears paid to

him, in my considered view 9% interest on said amount

would be appropriate. For above reasons, I record my

finding in Point No. 2.

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

(1) The action of the Deputy General Manager, State

Bank of India, Zonal Office, Vijay Jagar, Jabalpur

(MP) in not considering interest on delay payment

of arrears to Shri S.A. Henry, Sr. Assistant, SBI,

SBI Jawaharganj Branch, Jabalpur is not proper

and legal.

(2) Workman is entitled to interest 9% per annum on

amount of arrear of salary paid to him on 30-3-07,

14-5-07, 26-5-07 by Jawaharganj branch, Rajgarh

branch and OFK branch from 1-6-06 till the date

of respective payments.

(3) Parties to bear their respective costs.—

R.B. PATLE, Presiding Officer

ubZ fnYyh] 11 flrEcj] 2015

dkñvkñ 1854-—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947 dk

14½ dh èkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj LVsV cSad banksj

izcaèra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaè esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèdj.k

tcyiqj ds iapkV ¼lanHkZ la[;k 238@98½ dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 11@09@2015 dks izkIr gqvk FkkA

[lañ ,y&12012@809@98&vkbZ vkj ¼ch&1½]

lqefr ldykuh] vuqHkkx vfèdkjh

New Delhi, the11th September, 2015

S.O. 1854.— In pusuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref.238/98) of the

Cent.Govt.Indus. Tribunal-cum-Labour Court, Jabalpur as

3848

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

shown in the Annexure, in the industrial dispute between

the management of State Bank of Indore and their workmen,

received by the Central Government on 11/09/2015.

[lañ ,y&12012@80@98&vkbZ vkj ¼ch&1½]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/238/98

General Secretary,

Daily Wages Bank Employees Association,

Hardev Niwas, 9

Sanwer Road, Ujjain

...Workman Union

Versus

Managing Director,

State Bank of Indore,

State Bank of India, Head Office,

5, Y.N. Road,

Indore

...Management

AWARD

Passed on this 17th day of August, 2015

1. As per letter dated 30-10-98 by the Government of

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

received. The reference is made to this Tribunal under

Section-10 of I.D. Act, 1947 as per Notification No.L-12012/

80/98-IR(B-I). The dispute under reference relates to:

"Whether the action of the management of Managing

Director, State bank of Indore in terminating the services

of Shri Sharad Maheshwari w.e.f. 28-3-97 is justified? If

not, to what relief the workman is entitled for?"

2. After receiving reference, notices were issued to the

parties. Workman submitted statement of claim through

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

engaged as peon in Freeganj branch, Ujjain from 1-9-94. He

was working from 10.30 AM to 6 PM.

He was working with devotion. He was paid for six days

in a week by payment voucher. His signature was obtained.

Payment was made to him in name of different persons. On

payment of bonus, he was terminated without notice on

30-5-97. That he completed 240 days continuous service

during each of the year. He is covered as employee under

Section 25 B of ID Act. After termination of his service,

other persons are engaged on daily wages. His services

are terminated without paying retrenchment compensation

as per Sastry Award, Para 507, 524. Termination of his service

is in violation of Section 25-F of ID Act. During pendency

of conciliation proceedings, his services were terminated

in violation of Section 33 of ID Act. On such ground,

workman is praying for reinstatement with backwages.

3. 2nd party filed Written Statement at Page 6/1 to 6/6

opposing claim of the workman. 2nd party raised preliminary

objection that the statement of claim is verified by Shri R.

Nagwanshi. the claim is not tenable. Union was not party

in conciliation proceeding. It has no locus to raise the

dispute. Ist party has not produced any document that

Union has passed resolution on behalf of workman.

4. 2nd party further submits that Director, State Bank of

Indore is not party to the dispute. The dispute raised suffers

from misjoinder of parties. 2nd party denies that workman

was engaged by Branch Manager from 1-4-94 for cleaning

work. All contention about working hours, payment of

wages, termination of services of workman is denied. 2nd

party denies that workman completed 240 days continuous

service. Violation of Section 25-F, G, H is denied. That

workman is not working with 2nd party. That he is not

entitled to protection of Section 25-F, G, H of ID Act. 2nd

party submits that employees in the Bank are appointed

after following recruitement process as per rules. Workman

was engaged as per exignecies temporarily. He was paid

wages for his working days. Workman does not get right

of regularisation. Claim of workman cannot be allowed.

5. Ist party workman submitted rejoinder at Page 7/1 to

7/2 reiterating contentions in statement of claim.

6. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:-

(i) Whether the action of the

In Affirmative

management of Managing

Director, State Bank of

Indore in terminating the

services of Shri Sharad

Maheshwari w.e.f. 28-3-97 is

justified?

(ii) If not, what relief the

Workman is not

workman is entitled to?"

entitled to any relief.

REASONS

7. Workman is challenging his termination for violation

of Section 25-F, G,H,N of ID Act contending that he was

continuously working from April 94 to 30-5-97. 2nd party

had denied his contentions about his continuous working.

8. Workman filed affidavit of his evidence. However he

remained absent for his cross-examination. His evidence

cannot be considered. Management's witness Raghunath

filed affidavit of his evidence supporting contentions in

Written Statement of 2nd party but he remained absent for

cross-examination.

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3849

9. Management filed affidavit of evidence of Shri Yogesh

Chouhan. Management's witness in his affidavit says

workman was never engaged by the Bank for cleaning

purpose. He was not in employment of the Bank.

Appointment letter was not given to workman. Witness

failed to appear for his cross-examination. His evidence

also cannot be considered. Ist party workman as well as

witness of management remained absent for their cross-

examination, their evidence could not be considered. The

documents Exhibit W-1 produced by workman is letter dated

23-2-01 directing not to engage daily wage employees.

Exhibit w-2 is copy of settlement dated 13-7-92. When

evidence of workman cannot be considered, Exhibit W-2

itself cannot establish claim of the workman about his

working from April 94 to May 97. Therefore as workman

failed to establish his continuous working more than 240

days preceding 12 months of his termination, protection of

Section 25-F or Exhibit W-2 cannot obe extended to him.

For above reasons, I record my finding in Point No. 1 in

Affirmative.

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

(1) The action of the mangement of Managing

Director, State bank of Indore in terminating the

services of Shri Sharad Maheshwari w.e.f. 28-3-97

is proper and legal.

(2) Workman is not entitled to any relief.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 11 flrEcj] 2015

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izcaè ra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqcaè esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèdj.k

tcyiqj ds iapkV la[;k ¼138@93½ dks izdkf'kr djrh gS] tks dsUnzh;

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[la- ,y&41012@33@92&vkbZvkj ¼ch& 1½]

lqefr ldykuh] vuqHkkx vfèdkjh

New Delhi, the 11th September, 2015

S.O. 1855.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. 138/93) of the Central

Government Industrial Tribunal-cum-Labour Court,

Jabalpur as shown in the Annexure, in the industrial dispute

between the management of South Eastern Railway and

their workmen, received by the Central Government on

11.09.2015.

[No. L-41012/33/92-IR (B-1)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/138/93

Shri Nasir Viswas

S/o Shri N.C. Viswas,

Shanti Nagar,

Bhilai, Distt. Durg (MP)

....Workman

Versus

Divisional Railway Manager (P),

South Eastern Railway,

Bilaspur ...Management

AWARD

Passed on this 12th day of August, 2015

1. As per letter dated 21.07.93 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-41012/

33/92-IR (DU). The dispute under reference related to:

"Whether the action of the management of South Eastern

Railway, Bilaspur division in terminating the services of

Shri Nasir Viswas, Gangman w.e.f. 14.05.90 is justified?

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

2. After receiving reference, notices were issued to the

parties. Ist party workman submitted statement of claim at

page 3/1 to 3/5. Case of workman is that he was appointed

as Gangman vide order dated 05.03.90. Without order in

writing, he was terminated form 14.05.90. However he was

given employment he continued in service without break,

without assigning any reasons he was prevented from

doing his duties. That there cannot be oral order of

termination. In absence of termination in writing, workman

claims to be continued in service. That he was oraly

informed about his termination for using incorrect casual

cards. Workman submits that casual cards are not condition

precedent for employment. It cannot be a ground for

termination of his service. Termination of his service without

giving reasonable opportunity to explain his case is illegal.

The termination of his service amounts to retrenchment

under ID Act. Many persons are employed in Railway,

workman was not given chance. He was working in regular

post. Vacancies are still existing. Hundreds of persons

similarly situated are retained in service, only some persons

are removed on the ground of alleged fake service card.

The action of management is unfair and violative of Article

14 of the constitution. His services are terminated without

compliance of statutory provisions and principle of natural

justice.

3. Ist party workman further submits that the action is

taken against him without giving opportunity of hearing is

arbitrary and illegal. That he never submitted casual card.

The casual card is not necessary for casual labours.

3850

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

Therefore on said ground, services could not be terminated.

Terminating his services without giving reasonable

opportunity is violative of Article 311 of constitution. CAT

Jabalpur filed judgment dated 14.09.87 in Original

Application 189/86 and others held services of casual

employee cannot be terminated on ground that they have

obtained employment by producing fake card without

conducting equiry. On such ground, workman is praying

for his reinstatement with backwages.

4. 2nd party filed Written Statement at Page 4/1 to 4/10

opposing claim of the workman. 2nd party has narrated

brief history that workman Shri Nasir Viswas was engaged

as casual gangman on daily rate basis as per order dated

14.02.90 on the basis of past service certificate. Engagement

of workman was subject to verification of his past service

card. Memorandum dated 22.02.90 issued to all branches,

all units giving understanding that in the event of the

working certificate/caste certificate being found false at

any time during their engagement, their service would be

terminated automatically without any notice. 2nd party

submits that on verification, past service card was found

false and fabricated. Therefore services of workman were

terminated from 10.05.90. There are about 150 candidates

whose services have been terminated on above ground.

Workman was not holding any civil post at that time. Case

of workman does not come under purview of ID Act as the

matter relate to cheating and forgery. 2nd party relies

judgment by CAT Jabalpur in OA 727/88, Shri B. Sunder

Rao versus Union of India and others.

5. That workman was appointed as casual Gangman

under PWI on 05.03.90 on the basis of past service

certificate. It was found false. The services of workman

were terminated on 10.05.90. He has not completed 240

days continous service. It is reiterated that it was condition

at time of engagement if service certificate found false, the

service would stand automatically terminated without

notice. As past service certificate produced by workman

was found false, termination of his service is illegal. In

view of above condition, there was no question of giving

reasonable opportunity. Workman worked only for 66 days.

That out of 861 casual candidates about 150 candidates

were terminated for production of false past service. FIR

was lodged to police station. As workman has not

completed 240 days continous service, he is not entitled to

retrenchment compensation. Engagement of workman was

subject to production of past service casecard. On

investigation, it is proved that working certificate produced

by workman was found fictitious. Therefore services of

workman were terminable without notice. On such ground,

2nd party requests to answer reference in its favour.

6. Ist party workman submitted rejoinder at Page 5/1 to

5/2 reiterating his contentions in statment of claim.

7. Management filed reply to rejoinder at Page 6/1 to

6/3 reiterating contentions in Written Statement.

8. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

(i) Whether the action of the

In Affirmative

Management of South

Eastern Railway, Bilaspur

division in terminating the

services of Shri Nasir

Viswas, Gangman w.e.f.

14-5-90 is justified?

(ii) If not, what relief the

Workman is not entitled

workman is entitled to?"

to any relief.

REASONS

9. Workman is challenging termination of his service on

the ground production of past service card was not

condition precedent for his engagement as casual

employee. Termination of his services on the ground that

past service card produced by him was false without giving

any opportunity for hearing is illegal.

10. 2nd party denied above contentions of workman.

Workman filed affidavit of his evidence supporting

contentions in statement of claim that he was appointed

on 5-3-90, his services were terminated on 14-5-90. Thus

workman was working with 2nd party for two months and 9

days. His services were terminated on the ground past

service card produced by him was found false. He was not

given opportunity of hearing. Rather workman in his

affidavit of evidence has stated that he had not received

any memorandum. He had not submitted any fake

document for getting appointment. Workman failed to

appear for his cross-examination. His evidence was closed

on 13-2-2013 therefore evidence of workman cannot be

relied.

11. 2nd party filed affidavit of witness Shri R. S. Bepari

and Lingaraj Rout. However both the witnesses of

management did not appear for his cross-examination. Their

evidence also cannot be considered. As such both parties

failed to adduce evidence in support of their respective

contentions. Parties have not properly participated in

reference proceeding. The contentions of workman that

his services were terminated without hearing was not

condition precedent to produce past service card. That he

had not produced past service and cannot be accepted as

workman has not appeared for his cross-examination. To

be precise, workman failed to substantiate his contentions.

Therefore I record my finding in Point No. 1 in Affirmative.

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

(1) The action of the management of South Eastern

Railway, Bilaspur division in terminating the

services of Shri Nasir Viswas, Gangman w.e.f.

14-5-90 is proper and legal.

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3851

(2) Workman is not entitled to any relief.

R. B. PATLE, Presiding Officer

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lqefr ldykuh] vuqHkkx vfèdkjh

New Delhi, the 11th September, 2015

S.O. 1856.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. 153/96) of the Cent.

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

shown in the Annexure, in the Industrial dispute between

the management of South Eastern Railway and their

workmen, revceived by the Central Government on

11/09/2015.

[No. L-41012/73/92-IR(B-1)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/153/96

Shri P. Ramarao,

Through Shri P. Venkatswamy,

Rameshwar Nagar,

Bhanpuri, PO Raipur ....Workman

Versus

Divisional Railway Manager (P),

South Eastern Railway,

Bilaspur. ....Management

AWARD

Passed on this 12th day of August 2015

1. As per letter dated 21.7.93 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-41012/73/92-IR(DU).

The dispute under reference relates to:

"Whether the action of the management of DRM, South

Eastern Railway, Bilaspur in terminating the services of

Shri P. Rama Rao is legal and justified? If not, to what

relief he is entitled to?"

2. After receiving reference, notices were issued to the

parties. Ist party workman submitted statement of claim at

page 2/1 to 2/4. Case of workman is that he was appointed

as Gangman vide order dated 19.2.90. Without order in

writing, he was terminated from 14.5.90. However he was

given employment he continued in service without break,

without assigning any reasons, he was prevented from

doing his duties. That there cannot be oral order of

termination. In absence termination in writing, workman

claims to be continued in service. That he was orally

informed about his termination for using incorrect casual

cards. Workman submits that casual cards are not condition

precedent for employment. It cannot be a ground for

termination of his service. Termination of his service without

giving reasonable opportunity to explain his case is illegal.

The termination of his service amounts to retrenchment

under ID Act. Many persons are employed in Railway,

workman was not given chance. He was working in regular

post. Vacancies are still existing. Hundreds of persons

similarly situated are retained in service, only some persons

are removed on the ground of alleged fake service card.

The action of management is unfair and violative of Article

14 of the constitution. His services are terminated without

compliance of statutory provisions and principles of natural

justice.

3. Ist party workman further submits that the action is

taken against him without giving opportunity of hearing is

arbitrary and illegal. That he never submitted casual card.

The casual card is not necessary for casual labours.

Therefore on said ground, services could not be terminated.

Terminating his services without giving reasonable

opportunity is violative of Article 311 of constitution. CAT

Jabalpur filed judgement dated 14.9.87 in Original application

189/86 and others held services of causal employee cannot

be terminated on ground that they have obtained

employment by producing fake card without conducting

enquiry. On such ground, workman is praying of his

reinstatement with backwages.

4. 2nd party filed Written Statement at Page 8/1 to 8/6

opposing claim of the workman. Case of 2nd party is

workman has not enclosed any documents in supports of

his claim. Workman was working in Railway as casual

gangman for about 2 ½ months. That while giving

appointment to the workman and many other persons, it

was clearly mentioned in appointment order if working

certificate/caste certificate and other documents submitted

found false at any time during their engagement, their

services will be terminated automatically without notice.

Accordingly the service of workman was terminated as he

submitted false certificate of service. It is denied that

services of workman was terminated without assigning

reasons. The reasons were specifically mentioned in

3852

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

termination order dated 10.5.90 that workman was given

appointment to the post of casual gangman on the ground

that he was previously working as casual labour, therefore

the reason for termination is correct. It was stipulated in

terms of appointment that working certificate/service

certificate found false, the services would be terminated

automatically without notice. Above contention are

reiterated repeatedly. Workman had secured employment

on the basis of false certificate of service. Workman was

involved in forgery case. Workman was not engaged

against regular post. He was engaged as casual gangman

on the basis of past service certificate which was found

false. The termination order was issued after completing

thorough investigation. Workman work for 2 ½ months.

Wormkan had not acquired temporary status. Workman is

not covered by Discipline and Appeal Rules. There was no

incident of conducting DE against workman. 2nd party

submits that though enquiry was conducted by vigilance

department, there was no question of giving opportunity

of hearing to the workman as he had accepted terms and

conditions of his initial appointment. As the workman

obtained employment by producing false certificate, his

services are automatically terminated. As very long list of

casual labours was approved, there was no question of

engaging fresh casual employees. That vigilance

department in his investigation found past service produced

by workman was false . W.r.t. judgment by CAT, Jabalpur, it

is submitted that the order was passed beyond its

jurisdiction. On such ground, 2nd party prays to answer

the reference in its favour.

5.

Considering pleadings on record, the points

which arise for my consideration and determination are as

under. My findings are recorded against each of them for

the reasons as below:

(i) Whether the action of the

In Affirmative

management of DRM, South

Eastern Railway, Bilaspur in

Terminating the services of

Shri P. Rama Rao is legal and

justified?

(ii) If not, what relief the

Workman is not entitled

Workman is entitled to?"

to any relief.

REASONS

6. The engagement of workman on 19-2-90 as casual

gangman and termination of his service from 14-5-90 is not

in dispute. Workman had worked for about 2 1/2 months.

As per his own pleadings, workman had not completed 120

days and could not acquire temporary status. Workman

has also not completed 240 days continuous service. He is

not covered as employee under Section 25 B of ID Act.

Consequently workman is not entitled to protection under

Section 25-F of ID Act or retrenchment compensation.

7. Workman filed affidavit of his evidence covering his

contentions in statement of claim that he was appointed

on 19-2-90 and continued to work without break till

14-4-90. His services were terminated from 15-4-90 on the

ground of using fake casual cards. It was not condition

precedent to produce casual cards for employment. The

termination of service without giving opportunity of hearing

is illegal. It amounts to retrenchment. In his cross, workman

says he signed in Telugu. He doesnot know Hindi English.

He was not given any certificate. He had not produced any

documents at the time of his appointment.

8. Management filed affidavit of witness Shri R.S. Bepari

but management's witness did not appear for his cross-

examination therefore their evidence cannot be considered.

Management's witness witness Shri Lingaraj Rout filed

affidavit of his evidence supporting contentions of 2nd

party. In his cross-examination, Shri Lingaraj says copy of

Exhibit M-1 was given to workman. He denied that said

document was received from other office, denies that it is

no circular issued by the office. In 1990, he was working in

Traffic Apprentice Training, Chankradarpur. He claims

ignorance what process was followed while appointing

workman. He had seen appointment letter of workman. He

was not concerned with appointment or termination of

workman. Documents on which his affidavit is based are

produced on record. Workman was appointed on basis of

past service card. The document in that regard is produced.

He was not involved in investigation and verification of

the documents. Management's witness in his further cross

says inspector was sent for verifying past service card of

workman. He found it was false. On its basis, he has made

statement in para-6 of affidavit. The order of termination

was issued to workman on 10-5-90. The record was stolen

from office. Workman was not given notice prior to

termination of his service. Management's witness claims

ignorance about the date of committing theft of records.

He did not see report of security guard about the theft. The

report to police was submitted by management. The witness

was unable to tell name of the Officer. Document Exhibit

M-1 office memorandum dated 14-2-90 refers to engagement

of casual gangman till period 31-3-90. The note further

provides the working certificate/case certificate/service

certificate if found false at any time during their

engagement, the services would be terminated automatically

without any notice. Document Exhibit M-1 corroborate

evidence of MW-1. Workman has not produced order of

his appointment or termination. Rather evidence of workman

is that it was not precondition for employment produced

past service card. Exhibit M-1 reverts evidence of workman

on above point.

9. Workman was working for about 2 1/2 months. He not

completed 240 days continuous service or 120 days

continuous service for acquiring regular or temporary

status. Therefore termination of service of workman in

violation of Section 25-F of ID Act is acceptable.

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3853

10. Only point argued is service of workman are

terminated without giving opportunity of hearing.

Management's witness also says that the services of

workman were terminated as per condition in appointment

order there was no point of giving opportunity for hearing

to the workman. Shri A.K. Shashi appearing for Ist party

produced copies of award passed by this Tribunal. In

zR/116/99, claim of workman was rejected therefore the

award doesnot support claim of the workman. In R/46/06,

relying ratio in case of Nepal Singh versus State of UP

reported in AIR-1980-SC-1459 and considering the

documents or Exhibit M-1, IInd Party has directed

candidates should not be re-engaged in circumstances that

their names are recorded in the blank list register. Further

FIR with police will be lodged under Sectin 420 of IPC for

cheating and forgery. It was found that workman was not

given opportunity of hearing before discharge of his

service, the discharge order/termination is in violation of

Article 311 of the Constitution would not be upheld. In

present case, both parties have not produced order of

termination of workman that document relating similar

directions were also issued in termination order of workman

could not be ascertained. Therefore ratio held in AIR-1980-

SC-1459 could not be applied to case at hand.

11. Counsel for 2nd party Shri Vijay Tripathi relies on

ratio held in

Case of State of MP and others versus Shyama Pardhi

and others reported in 1996(7)SCC-118. Their

Lordship considering persons not possessing the

pre-requisite qualifications prescribed by statutory

rules wrongly selected and after successful

completion of training appointed as Auxilliary Nurse

cum Midwife. In such circumstances their initial

selection to undergo training being per se illegal,

termination of their appointment, held did not attract

principles of natural justice.

The facts of present case are not comparable. What

was the qualification prescribed as per rules for engagement

of casual gangman is not brought on record by either

parties. In present case controversy between parties about

his termination of service on the ground of past service

card submitted by workman was found false. Workman

claims that submission of past service card was not

necessary. As per Exhibit M-1, submission of past service

card was necessary therefore the ratio held in the case

cannot be beneficially applied to case at hand.

12. Shri Vijay Tripathi counsel for 2nd party relies on

ratio held in

"Case of Union of Indias versus Soran Singh by Delhi

High Court. In above cited case also the service of

workman was terminated on the ground that bogus

casual card was produced by workman. His Lordship in

Para-6 of the judgement observed in statement filed by

the workman before the Tribunal, workman stated that

allegations were made against him that he obtained fake/

bogus certificate and got employment in railways. he

was served a notice to this effect on 8-1-87 and the

management did not wait for his explanation and

terminated him on 9-1-87. Nowhere in his statement of

claim he stated that he had not obtained employment

on the basis of a fake/bogus casual card or that he was

having a genuine certificate. His only claim was that

even if he was involved in a fraud as per principles of

natural justice, he could not be removed from services

without giving an opportunity of hearing.’’

In present case, workman has pleaded that it was not

precondition to produce past service card. That he has not

produced such certificate. However Exhibit M-1 shows that

services could be terminated if past service card was found

bogus. Parties have not produced order of appointment or

termination. Evidence of management's witness is

corroborated by Exhibit M-1. The pleadings and evidence

of workman are silent how he was appointed as casual

gangman in absence of casual service card required as per

Exhibit M-1. The above cited case squarely covers the

controversy between parties.

In Para 17, his Lordship held that Tribunal miserably

misdirected itself in directing reinstatement of the

respondent with 50% backawages. The respondent was

not a workman in the sense that he entered into service by

fraudulent means. There was no reason with the Tribunal

to disbelieve enquiry conducted by the Vigilance of the

railways and consequently termination of all those who

have obtained appointment by fraud. The award was found

perverse.

As present case is alo identical, ratio applies to present

case also. Therefore I record my finding in Point No. 1 in

Affirmative.

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

(1) The action of the management of DRM, South

Eastern Railway, Bilaspur in terminating the

services of Shri P. Rama Rao is proper and legal.

(2) Workman is not entitled to any relief.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 11 flrEcj] 2015

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New Delhi, the 11th September, 2015

S.O. 1857.— In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. 7/93) of the Cent. Govt.

3854

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

Indus. Tribunal-cum-Labour Court, Jabalpur as shown in

the Annexure in the Industrial Dispute between the

management of S.E. Railway and their workmen, received

by the Central Government on 11/9/2015.

[No. L-41012/14/92-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL -CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/7/93

Shri Mohan Paswan,

Q. No. 781/B,

Construction Colony,

SE. Rly., Bilaspur.

... Workman

Versus

Sr. Accounts Officer (Construction),

S.E. Railways,

Biaspur

... Management

AWARD

Passed on this 3rd August, 2015

1. As per letter dated 7.1.93 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-41012/14/92-IR(DU).

The dispute under reference relates to:

"Whether the action of the management of S.E. Railway,

Bilaspur in terminating the services of Shri Mohan

Paswan, Ex-Pay Clerk w.e.f. 11.6.86 is legal and justified?

If not, what relief the workman concerned is entitled

to?"

2. After receiving reference, notices were issued to the

parties. Workman submitted statement of claim at Page 5/1

to 5/6. Case of workman is that he was appointed in Railway

Service a Clerk in 1958 by financial advisor and Chief

Accounts Officer, NE Railway, Gorakhpur. He was

transferred to Bailadila Railway project as Clerk in 1961. He

was appointed as Pay Clerk by Financial Advisor and Chief

Accounts Officer in 1968. He was posted to the

construction department of S.E. Railway, Bilaspur. Applicant

was on duty at Rourkela on 19.12.78 for making payment to

the staff of District Engineer (Construction), Rourkela. He

was staying in the office at Rourkela. In night of 19-20.12.78,

theft took place involved loss of Rs. 25,705.84. the matter

was reported to GPRF Rourkela in the morning of 20.12.78.

GRPF was also informed about the incident. 2nd party

No. 3 issued chargesheet to him on 16.3.79. His allegations

were of (i) making false complaint of theft of cash to the

GRPF, (ii) misappropriating the Railway Cash of

Rs. 25,705.84. workman had denied charges against him.

He had also submitted that the proceeding was subjudice

before Sub Divisional Magistrate, Panposh (Orissa)

regarding same charges. He requested to stay the Enquiry

Proceedings. His request was not considered. Enquiry

Committee comprising Sr. Account Officer, Bilaspur and

Security Officer, RPF was constituted for enquiring the

charges. His request to stay enquiry Proceedings was not

considered. Enquiry was conducted in disregard of the

procedure laid down under Railway Service Discipline

Rules. Principles of natural justice were violated.

Documents No. 4, 5 in Annexure 3 in chargesheet were not

proved during enquiry. The authors of the documents were

not examined. He was not given opportunity to cross

examine the witnesses. Only one witness was mentioned

in Annexure 4 of the chargesheet. He could not be produced

because of his death. 8 more witnesses were produced

without providing their statement to the workman. The

decision of SDJM that false report was submitted to police

was relied by Enquiry Officer. Workman had challenged

such proceeding before filing revision. The order passed

by SDJM was set aside by Session Judge. The matter was

remitted back to SDJM. The findings of Enquiry Committee

are not based on evidence during Enquiry. His findings are

based on conjucture. Proper procedure was not followed

causing violation of natural justice. Enquiry Committee

considered extraneous issues such as money lending by

workman which was not subject matter of the charges. It is

reiterated that the enquiry is vitiated. The disciplinary

authority was not enquiry Officer. Workman was punished

on the material contention in Enquiry Report was not

brought to his notice. Workman was not given opportunity

for his defence. On such ground, workman prays that

punishment of removal from service as per order dated

9.6.86 be quashed. Workman prays for his reinstatement

with backwages.

3. Workman died during pendency. His LRs are

substituted.

4. 2nd party filed Written Statement at Page 9/1 to 9/7

opposing claim of the workman. 2nd party submits that

workman was appointed to Railway service on July as

clerk by Sr. Accounts Officer of NE Rly, Gorakhpur.

Workman was transferred as clerk to the office of Dy.

Financial Advisor and Chief Accounts Officer,

Dandakaranya Bailadila Kiruburu Railway Project,

Rourkela in 1961. Workman was promoted to officiate as

junior pay clerk from 19-5-67. By Dy. Financial Advisor

and Chief Accounts Officer. That workman was working

as Junior Cashier at Bilaspur since 25-4-75. He was

entrusted with disbursement of cash to Railway

employees Mahendragarh on 19-12-78, workman left for

Rourkela after making payments at Mahendragarh and

Akaltara. He reached Rourkela at 17.30 hours and haulted

in the office of District Engineer (Const.) workmen

committee gross misconduct. Workman made false

complaint to police about theft and misappropriating

amount of Rs. 25,705.84. After issuing chargesheet,

enquiry was conducted against workman. It is reiterated

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3855

that there is no bar in conducting enquiry during

pendency of criminal case. Workman was given full

opportunity for his defence. The report given by workman

about theft for offence under Section 457 of IPC. Said

articles were returned. 2nd party denies the contentions

w.r.t. filing revision by workman and the order passed by

SDJM setting aside by Apex Court. Enquiry was

conducted following prescribed procedure and principles

of natural justice. The special report of Security Officer,

Chakradhar was produced. Said report was based on facts

and figures. The defence never expressed to cross-

examine authors of those documents and accused the

same. Workman cannot object to the documents. Supply

list of 8 witnesses was furnished to workman by

Disciplinary Authority. In absence of stay order, enquiry

was conducted. Copies of statement of witnesses were

made available to workman by Enquiry Officer. All adverse

contentions of workman have been denied. It is denied

that case is pending before Court of law. It is submitted

that Disciplinary Authority need not be Enquiry Officer.

Workman was found guilty of charges against him. The

Disciplinary Authority considered the charges and found

workman not fit, to be retained in Railway service. Relief

claimed by workman cannot be allowed.

5. As per order dated 17-6-2014, enquiry conducted

against workman is found legal. Issue No. 2 was answered

that there is no need to prove misconduct by management

adducing evidence.

6. Considering pleadings on record and findings on

preliminary issue, the points which arise for my

consideration and determination are as under. My findings

are recorded against each of them for the reasons as

below:—

(i) Whether the misconduct alleged

In Affirmative

against workman is proved from

evidence in Enquiry proceedings?

(ii) Whether the punishment of

In Affirmative

removal imposed against

workman is proper and legal?

(iii) If not, what relief the

Workman

workman is

is entitled to?"

not entitled

to

any relief.

REASONS

7. Workman is challenging legality of the order of

punishment of removal from service. Enquiry is found legal

and proper. Note needs to be taken that the workman or his

LR have not adduced any evidence to support the claim.

8. 2nd party has produced documents of appointment

order of workman of April 1958, report of Enquiry Officer,

Enquiry Officer had considered defence statement and

evidence was assessed at Page 11/11 to 11/16. Report of

Enquiry Officer finds enclosures of statement of witnesses

and minutes of Enquiry Proceedings. Copies of statements

of witnesses Chandrapratap Pandey, Baniram Mishra,

Sheodarshan are produced. Documentary evidence was

discussed at Page 11/26 to 11/27. Copies of Enquiry

proceedings dated 19-12-85 is produced at page 11/28. The

statement of workman is produced at 11/13 to

11/25. Statement of Tichen Behra produced at 11/37 to

11/38. Statement of Shri S.G. Guha, Section Officer produced

at 11/39 to 11/40. Statement of Shri G.K. Dey is produced at

Page 11/41. Copies of evidence recorded before Enquiry

Officer is also produced. Statements of all those witnesses

shows that doors of offices where workman was staying

were found closed in the morning. The theft of amount

alleged by workman was not established. The evidence

before Enquiry Officer is sufficient to prove that report

submitted by workman was not proved. Amount of

Rs. 25,705.84 carried by workman for payment to the Railway

Staff was not disbursed to them. The findings of Enquiry

Officer are supported by statements of witnesses therefore

I record my finding in Point No. 1 in Affirmative.

9. Considering findings on Point No. 1 that the charges

against workman are proved, punishment of removal

imposed by Disciplinary Authority appears appropriate and

no interference in the punishment order is required. For

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

Affirmative.

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

(1) The action of the management of S.E. Railway,

Bilaspur in terminating the services of Shri Mohan

Paswan, Ex. Pay Clerk w.e.f. 11-6-86 is legal and

proper.

(2) Workman is not entitled to any relief.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 15 flrEcj] 2015

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uohu diwj] voj lfpo

New Delhi, the 15th September, 2015

S.O. 1858.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (Ref. No. 84/2014) of the Central

3856

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

Government Industrial Tribunal/Labour Court, Chennai, now

as shown in the Annexure in the Industrial Dispute between

the employers in relation to the management of M/s LIC of

India and their workmen, which was received by the Central

Government on 08/09/2015.

[No. L-17025/2/2015-IR(M)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-

LABOUR COURT, CHENNAI

Thursday, the 27th August, 2015

Present: K.P. PRASANNA KUMARI,

Presiding Officer

Industrial Dispute No. 84/2014

(In the matter of the dispute for adjudication under Sub-

Section 2A of Section-10 of the Industrial Disputes Act,

1947 (as amended by Act-24 of 2010 w.e.f. 15.09.2010)

between the Management of LIC of India and their

workman)

BETWEEN

Sri G. Karthick

: 1st Party/Petitioner

AND

1. The Zonal Manager

: 2nd Party/1st Respondent

Life Insurance Corporation

of India

LIC Building, Anna Salai

Chennai-600002

2. The Divisional Manager

: 2nd Party/2nd Respondent

Divisional Officer-II

Life Insurance Corporation

of India

C-47, Anna Plaza, II Avenue,

Anna Nagar

Chennai-600040

Appearance:

For the 1st Party/Petitioner

: M/s. Balan Haridas,

Advocates

For the 2nd Party/1st &

: Sri C.K. Chandrasekkar,

2nd Management

Advocate

AWARD

This is an Industrial Dispute taken for adjudication on

the file under Sub-Section 2A of Section-10 of the Industrial

Disputes Act, 1947 (as amended by Act-24 of 2010 w.e.f.

15.09.2010).

2. The averments in the Claim Statement filed by the

petitioner in brief are as below:

The petitioner has completed his BBA Course

through Distance Education. He was engaged by

the Respondents to do the work of Office Assistant/

Peon. He had joined the Office of the Second

Respondent on 22.09.2011. He had been working

continuously with the Second Respondent. He was

paid wages initially @ Rs. 250/- per day and the same

was increased to Rs. 360/- per day later. He was paid

on weekly basis raising voucher under the head

"Unkeep and Cleaning Material". This was done to

circumvent law. The petitioner had worked for more

than 480 days continuously during the period of 24

calendar months. So the petitioner is entitled to be

made permanent under Section-3 of the Tamil Nadu

Industrial Establishment (Conferment of Permanent

Status to Workman) Act, 1981. The work discharged

by the petitioner is perennial in nature. He had worked

for more than 240 days continuously during the

period of 12 calendar months. He had been

terminated orally on 31.08.2013. The petitioner was

not issued any notice, notice pay or compensation

before termination. Termination of the services of

the petitioner would amount to retrenchment. In the

absence of compliance with Section-25 F of the ID

Act the termination is void abinitio. The Respondent

now cannot say that the appointment of the petitioner

was not in terms of the LIC of India (Employment of

Temporary Staff) Instructions. Anyhow the

employment of the petitioner is protected by the

provisions of ID Act and the same will override the

so-called instructions. An order may be passed

holding that termination of the service of the

petitioner by the Respondent is illegal and

consequently direct the Respondent to reinstate the

petitioner with full backwages, continuity and all other

attendent benefits.

3. The Respondents have filed Counter Statement

contending as below:

The claim of the petitioner is not maintainable either

on facts or on law. The petitioner was not engaged

as Peon by the Respondents. He was engaged as

Coolie to do certain petty works in the office. He was

paid coolie charges on various dates from 22.09.2011

to 31.08.2013. The charges was paid for cleaning,

dusting and upkeep works of the branch office

depending upon the necessity. It is not correct to

state that the employment was continuous and

regular. The engagement of the petitioner was on

need basis only and he was paid for the same. It is

denied that the petitioner worked against the post

for 480 days in 24 calendar months to claim

permanency. Casual engagement of need based

works cannot confer permanency. Any appointment

in the Respondent Corporation can only be through

a regular process of selection and appointment

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3857

against regular posts. The termination of the

petitioner was effected pursuant to the order of Apex

Court wherein a scheme was framed and approved

and those not fitting the scope of the scheme were

directed to be relieved. So the claim of the petitioner

is liable to be rejected. The petitioner is not entitled

to invoke Section-25F of the ID Act as the action of

the Respondents is in conformity with law. In

compliance of the order of the Supreme Court dated

18.01.2011 applications were invited from eligible

temporary Class-IV employees working in LIC of

India for more than 5 years as on 18.01.2011 and who

had possessed minimum eligible qualification. As per

the order of the Supreme Court those who have been

engaged on need bases would cease to be in

employment in compliance of the scheme. The

petitioner was not eligible to apply as per the scheme

of the Supreme Court. So he has no right to claim

reinstatement or absorption. The question of

reinstatement can arise only when regular

employment has taken place as per LIC of India

(Employment of Temporary Staff) Instructions. The

provisions of the ID Act are not applicable to the

petitioners with reference to matters covered by

Section-48(2C) of the LIC Act. The petitioner is not

entitled to any relief.

4. The petitioner has filed rejoinder denying the

allegations in the Counter Statement and also reiterating

his case in the Counter Statement.

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

WW1 and MWs 1 and 2 and also documents marked as

Ext.W1 to Ext.W70 and Ext.M1 to Ext.M3.

6. The points for consideration are:

(i) Whether the termination of the petitioner by the

Respondents from service is legal and justified?

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

entitled?

The Points

7. The petitioner has claimed that he had been working

as Office Assistant/Peon in the office of the Second

Respondent from 22.09.2011 but he was orally terminated

from service on 30.08.2013 without any justification. He

has claimed that he is entitled to be reinstated in the service

of the First Respondent. According to the petitioner he

was doing the work of filing papers, cleaning the office and

all sundry works entrusted to him in the Office of the

Second Respondent. Initially he was paid @ Rs. 250/- per

day and later it was increased to Rs. 360/- per day and

payment was made on weekly basis. According to him,

though voucher was raised under the head "Upkeep and

Cleaning Material" for making payment, this was only to

circumvent the laws. The petitioner has given evidence

and also produced documents to substantiate his case

that he was continuously working in the office of the Second

Respondent from 22.09.2011 until he was terminated from

service on 30.08.2013.

8. The Respondents have stated in the Counter

Statement that the petitioner was working in the office of

the Second Respondent during the period from 22.09.2011

to 31.08.2013. However, it is not admitted by the

Respondents that the petitioner was working as Peon or

Office Assistant. Their case is that the petitioner was

engaged only to do some petty works and coolie charges

were paid to him for cleaning, dusting and upkeep works of

the Branch. The Respondents have denied the case that

the engagement was continuous or that the employment

was regular.

9. The documents marked as Ext.W1 to Ext.W70 would

show that the petitioner was working in the office of the

Second Respondent almost on all days continuously except

for gap of a few days. He had worked for more than 240

days during the last 12 months preceding the termination,

as could be seen from Ext.W1 to Ext.W70 which are not

disputed. It is clear from these documents that payment

was mostly made weekly and a fixed amount was paid for

each day. No payment is seen made for holidays other than

for the holidays on which he had worked.

10. What is the nature of work done by the petitioner?

According to the Respondents they were only doing works

such as cleaning, dusting and other upkeep works. This is

what stated by MWs 1 and 2 in their Proof Affidavits also.

However, during their cross-examination MW1 has stated

that except for issuing forms the petitioner was doing all

the work that were usually done by the Sub-Staff. MW1

has also stated that the petitioner was paid daily wages on

weekly basis. Ext.W1 to Ext.W70 also would show that

almost on all occasions the petitioner was paid once in a

week calculated on an amount fixed as wage per day. From

this also it could be seen that the petitioner was working

continuously with the Respondents for the period claimed.

However, there is no case for the petitioner that he was

working on a sanctioned post. He has not claimed also that

he was working on temporary basis but only as a casual

worker. In fact in the Claim Statement the demand of the

petitioner is only for reinstatement and not for regularization

except for the claim of permanency under Section-3 of the

Tamil Nadu Act. So it is clear that the petitioner was working

on daily wages and not on any sanctioned post.

11. Before dealing with the other contentions of the

petitioner the case that he is entitled for permanency under

Section-3 of the Tamil Nadu Act can be considered. Section-

3(1) of the Act states that notwithstanding anything

3858

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

contained in any law in force every workman who is in

continuous service for a period of 480 days in a period of

24 calendar months in an industrial establishment shall be

made permanent. The condition for treating a workman to

be in continuous service is given in the next sub-section of

Section-3. On going through Ext.W1 to Ext.W70 there could

be no doubt that the petitioner must have been in service

for a period of 480 days within a period of 24 calendar

months in the Office of the Second Respondent.

12. The counsel for the petitioner has been seeking

support from the decisions of the High Court of Madras to

fortify his contention. He has referred to the decision in

Elayaperumal vs. State Bank of India (WRIT APPEAL NO.

1372 of 2006 decided on 08.01.2007). The Hon'ble High

Court has held in this case that the provisions of the

Permanent Status Act will apply to Banks including

nationalized banks. Another decision referred to by the

counsel for the petitioner is HINDUSTAN PETROLEUM

CORPORATION LTD. VS. PRESIDING OFFICER, CGIT,

CHENNAI reported in 2008 4 CTC 819 where it was held

that the Act is applicable to Hindustan Petroleum

Corporation Ltd. Another decision relied upon is LAKSHMI

VS. THE CHIEF ENGINEER, TNEB reported in 2012 3 LLN

681 wherein it was held that the concerned worker would

have been entitled to the benefit of conferment of permanent

status under TNEB. It is pointed out by the counsel for the

Respondents that the second decision referred to has been

taken to the Apex Court and has been compromised. In the

last decision referred to Tamil Nadu Electricity Board being

a party, the Permanent Status Act very well apply to the

same. The operation of the other decision referred to has

been stayed by the Apex Court and the matter is still

pending. According to the counsel for the petitioner even

if stay has been granted the dictum laid down by the High

Court can be applied to the present case. I am not able to

accept this argument of the counsel. When operation of

the decision is stayed, it could not be acted upon and there

is no question of the principle laid down in the decision

being applied. So the contention of the petitioner that he is

entitled to the benefit of Section-3 of the Permanent Status

Act of the Tamil Nadu could not be accepted.

13. It is not disputed by the Respondents that the

petitioner will be a workman as defined in Section-2(k) of

the ID Act but for inapplicability of the Act itself. It is also

admitted on behalf of the Respondents that the termination

of the petitioner was done without complying with Section-

25F of the ID Act. So there is no necessity to refer to various

decisions relied upon on behalf of the petitioner in this

respect. The counsel for the Respondents has not disputed

the legal position that the termination in violation of

Section-25F of the Act will be void abinitio.

14. The contention on behalf of the Respondents that

the termination of the petitioner was in lieu of the decision

of the Apex Court wherein the scheme framed was approved

by the Apex Court and those who did not get selected as

per the scheme ceased to be in service. The order of the

Apex Court relied upon by the Respondents has been

produced and marked as Ext.M1. One of the appellants in

the several civil appeals decided by Ext.M1 order is the LIC

of India and the Respondents are those who were working

in the Corporation and has claimed reinstatement or

permanency. While this case was pending, the Corporation

had framed a scheme as below:

One time limited examination for those temporary

persons who are working in LIC of India for more

than 5 years and who had possessed minimum eligible

qualification and age as prescribed at the relevant

time of their entry into the LIC of India would be

considered. For this purpose LIC of India would hold

a limited written examination which will be in the

vernacular language with a limited syllabus which

would be announced in advance.

Such of those temporary employees who do not apply

and/or not successful shall cease to be in

employment. It is cleared that those temporary

persons who are not governed under these

submissions shall also cease to be in employment.

* * * * * * * *

The scheme having been acceptable to the other

side the appeals were disposed by the Apex Court

with the direction that the Respondents shall absorb

employees interms of the scheme.

15. The case of the Respondents is that application was

called for from the temporary workers, a written examination

was conducted and those who were found eligible were

given permanent appointment in the Corporation. Those

other persons who did not fit in the scheme were turned

out of service on 31.08.2013. According to the Respondents

the petitioner who was not eligible to apply for the test and

had not made any application had ceased to be in

employment consequent to the scheme approved by the

Appex Court. It is the case of the Respondents that the

petitioner who had ceased to be an employee of the

Corporation is now not entitled to claim reinstatement.

16. the counsel for the petitioner has been mainly relying

upon the decision of the Apex Court in TAMIL NADU

TERMINATED FULL TIME TEMPORARY LIC

EMPLOYEES ASSOCIATION VS. LIC OF INDIA AND

OTHERS in Civil Appeal No. 6951/2009 and other appeals

in this respect. In this the Apex Court has found that the

temporary employees are entitled to reinstatement and

permanency. In the above decision the Apex Court had

found that even though the Corporation had entered into a

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3859

compromise with some of the workers it will not affect the

right of the workmen concerned to claim relief under the

earlier naitonal awards existing since those awards were

not set aside even after the compromise. It has also been

observed that in any case the compromise will not affect

the rights of the parties to claim statutory benefits under

the Industrial Disputes Act.

17. The counsel for the Respondents has pointed out

that Civil Appeal No. 6951/2009 and connected appeals

were de-tagged by the Apex Court while considering Ext.

M1 cases since the issues involved in those cases were

different from the cases considered in Ext. M1 order. On

going through Ext. M1 it could be seen that such a

representation was made and it is accordingly those appeals

were de-tagged. The workman involved in the above

appeals were discharging work of perennial nature against

permanent posts. It could be seen from the decision that

there was an earlier award applicable to the parties and a

compromise was entered into by the Corporation with some

of the Unions while a case was pending. In Civil Appeals

Nos. 6951/2009 and other cases it has been held that

direction given to the Corporation as per the Award

regarding other workmen who were parties to the case and

had not entered into a compromise has not been substituted

by the terms and conditions of the compromise. It is pointed

out by the counsel for the Respondents that it is in this

background the decision has been rendered.

18. The counsel for the Respondents has referred to

two earlier decisions of the Apex Court that has held that

the provisions of the ID Act is not applicable to the workers

of the Corporation. Reference was made to the decision in

M. VENUGOPAL VS. THE DIVISIONAL MANAGER. LIC

OF INDIA reported in 1994 2 SCC 323. In this the Apex

Court has considered Sub-section 2(C) of Section-48 which

has been incorporated in LIC Act by amendment, and other

provisions. Section-48 of the Act provides that the Central

Government may make rules to carry out the purposes of

the Act. The rules may provide for terms and conditions of

the service of the employees. As per Clause (cc) the

regulations and other provisions in force immediately before

the commencement of the Amendment Act with respect to

the terms and conditions of the service of the employees

shall be deemed to be the rules made under Clause (cc) as

per Clause-2(A). Clause-2C of the same section states that

the provisions of Clause (cc) and Sub-section 2B and any

rules made there under shall have effect notwithstanding

any judgment, decree or order of the any Court, Tribunal or

other authority and notwithstanding anything contained

in the Industrial Disputes Act or any other law, aggrement,

settlement, award or other instrument. Referring to these

provisions it was held in Venugopal's case referred to above

that the wisdon of the legislature in extending the protection

of the provisions of Industrial Disputes Act or denying the

same cannot be judged by the Court unless any such step

is held to be violative of any of the provisions of the

Constitution. After the amendment introduced in Section-

48 the employees of the Corporation shall not be entitled

to protection to which they were entitled before coming

into force of the amendment, though till then it was upto

them to impose the rights or remedies in terms of the

regulation so framed under the Corporation Act or in

accordance with the provisions of the Industrial Disputes

Act, it has been held. The counsel for the Respondents

has also referred to the decision A.V. NACHANE VS.

UNION OF INDIA reported in AIR 1982 SC 1126 in this

respect. In the above case it has been held that Section-48

(2C) read with Section-48 (2cc) authorized the Central

Government to make rules to carry out the purpose of the

Act notwithstanding the Industrial Disputes Act or any

other law, which meant that in respect of the matters covered

by the rules, the provisions of the Industrial Disputes Act

or any other law will not be operative. The grievance raised

in the case that excluding the employees of the Corporation

from the purview of Industrial Disputes Act amounted to

discrimination against them and as such the provisions of

the amending act were violative of Article-14 of the

Constitution were also rejected by the Apex Court. The

counsel has also referred to the decision of the Apex court

in LIC OF INDIA VS. ASHA RAMCHAND AMBEDKAR

reported in 1994 2 SCC 718 where it was held that the

instructions issued by the Chairman of the Corporation

exercising his powers under the regulations framed under

the Act were statutory in character and they have the force

of law. Based on the decision of the Apex Court after

acceptance of the scheme the Corporation had issued

several instructions on the basis of which the petitioner

and such other had ceased to be in employment. It has

been argued that the instructions are not statutory in

character though the regulations are. It was in this context

the above decision was relied upon. Thus the three bench

decision of the Apex court in the case earlier referred to

had held that Industrial Disputes Act will not apply to

those employees coming under the LIC Act and its rules

and regulations. The recent decision of the Apex Court in

favour of the temporary employees of the Corporation were

rendered in the context already referred to. Those employees

were fighting their case even while the cases under Ext.M1

were pending and those were treated separately and decided

separately in the back ground referred to above. So the

decision in the above case could not be applied to the

facts of the present case. The other decisions referred to

by the counsel for the petitioner are all those in which the

provisions for the ID Act are applicable and need not be

referred to.

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THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

19. I have already stated that there is no case for the

Respondents that any notice, notice pay or compensation

were given as required under Section-25F of the ID Act

when the petitioner was terminated. The counsel for the

Respondents has pointed out that in the absence of

application of Industrial Disputes Act there is no necessity

to comply with Section-25F of the Act also. He has referred

to the decision of the High Court of Kerala in LIC OF INDIA

VS. USHA KUMARI AND OTHERS in Writ Appeal 2362/

2009 in this respect. The High Court has referred to the

dicisions of the Apex Court wherein the provisions of the

Industrial Disputes Act were found in applicable to the

employees of the Life Insurance Corporation and has held

that the provisions contained in Section-48(2C) of the LIC

Act would override the Industrial Disputes Act and so

termination of the employees cannot amount to

retrenchment as provided under Section-2(oo) of the

Industrial Disputes Act attracting Section-25F of the Act.

It was a natural consequence, the Apex Court having found

that Industrial Disputes Act is not applicable to those

coming under the Life Insurance Corporation Act. This

being so, the petitioner would not be entitled even to the

benefit under Section-25F of the Act. The termination of

the petitioner was the consequence of the order of the

Apex Court accepting the scheme for providing employment

to eligible workmen who were working as temporary

employees of the Corporation. Those who did not fit in

with the scope had to meet the consequence. The petitioner

had not completed 5 years as daily wager in the Corporation

as contemplated in the scheme and he was not eligible to

apply for the written examination. It is accordingly he

happened to be eliminated and ceased to be in employment.

So the petitioner will not be entitled to any relief.

In view of my discussion above the refernce is answered

against the petitioner. An award is passed accordingly.

K.P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/

:

WW1 Sri. G. Karthick

Petitioner

For the 2nd Party/

:

MW1 Sri. B. Seetharaman

Management

:

MW2 Sri. S. Shrinivas Purushan

Documents Marked:

On the side of the Petitioner

Ex. No.

Date

Description

Ext. No. W1

18.01.2012

Payment Vouchers

Ext. No. W2

23.01.2012

Payment Vouchers

Ext. No. W3

09.01.2012

Payment Vouchers

Ext. No. W4

30.01.2012

Payment Vouchers

Ext. No. W5

06.02.2012

Payment Vouchers

Ext. No. W6

13.02.2012

Payment Vouchers

Ext. No. W7

20.02.2012

Payment Vouchers

Ext. No. W8

27.02.2012

Payment Vouchers

Ext. No. W9

05.03.2012

Payment Vouchers

Ext. No. W10

26.03.2012

Payment Vouchers

Ext. No. W11

02.04.2012

Payment Vouchers

Ext. No. W12

16.04.2012

Payment Vouchers

Ext. No. W13

23.04.2012

Payment Vouchers

Ext. No. W14

07.05.2012

Payment Vouchers

Ext. No. W15

14.05.2012

Payment Vouchers

Ext. No. W16

21.05.2012

Payment Vouchers

Ext. No. W17

28.05.2012

Payment Vouchers

Ext. No. W18

25.06.2012

Payment Vouchers

Ext. No. W19

02.07.2012

Payment Vouchers

Ext. No. W20

09.07.2012

Payment Vouchers

Ext. No. W21

09.07.2012

Payment Vouchers

Ext. No. W22

23.07.2012

Payment Vouchers

Ext. No. W23

28.07.2012

Payment Vouchers

Ext. No. W24

06.08.2012

Payment Vouchers

Ext. No. W25

13.08.2012

Payment Vouchers

Ext. No. W26

18.08.2012

Payment Vouchers

Ext. No. W27

27.08.2012

Payment Vouchers

Ext. No. W28

01.09.2012

Payment Vouchers

Ext. No. W29

10.09.2012

Payment Vouchers

Ext. No. W30

17.09.2012

Payment Vouchers

Ext. No. W31

24.09.2012

Payment Vouchers

Ext. No. W32

29.09.2012

Payment Vouchers

Ext. No. W33

09.10.2012

Payment Vouchers

Ext. No. W34

15.10.2012

Payment Vouchers

Ext. No. W35

22.10.2012

Payment Vouchers

Ext. No. W36

29.10.2012

Payment Vouchers

Ext. No. W37

03.11.2012

Payment Vouchers

Ext. No. W38

10.11.2012

Payment Vouchers

Ext. No. W39

19.11.2012

Payment Vouchers

Ext. No. W40

24.11.2012

Payment Vouchers

Ext. No. W41

08.12.2012

Payment Vouchers

Ext. No. W42

17.12.2012

Payment Vouchers

Ext. No. W43

22.12.2012

Payment Vouchers

Ext. No. W44

31.12.2013

Payment Vouchers

Ext. No. W45

07.01.2013

Payment Vouchers

Ext. No. W46

21.01.2013

Payment Vouchers

Ext. No. W47

28.01.2013

Payment Vouchers

Ext. No. W48

04.02.2013

Payment Vouchers

Ext. No. W49

09.02.2013

Payment Vouchers

Ext. No. W50

18.02.2013

Payment Vouchers

Ext. No. W51

19.02.2013

Payment Vouchers

Ext. No. W52

25.02.2013

Payment Vouchers

Ext. No. W53

02.03.2013

Payment Vouchers

Ext. No. W54

11.03.2013

Payment Vouchers

Ext. No. W55

25.03.2013

Payment Vouchers

Ext. No. W56

06.04.2013

Payment Vouchers

Ext. No. W57

15.04.2013

Payment Vouchers

Ext. No. W58

22.04.2013

Payment Vouchers

Ext. No. W59

29.04.2013

Payment Vouchers

Ext. No. W60

07.05.2013

Payment Vouchers

Ext. No. W61

13.05.2013

Payment Vouchers

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3861

Ext. No. W62

20.05.2013

Payment Vouchers

Ext. No. W63

27.05.2013

Payment Vouchers

Ext. No. W64

03.06.2013

Payment Vouchers

Ext. No. W65

10.06.2013

Payment Vouchers

Ext. No. W66

24.06.2013

Payment Vouchers

Ext. No. W67

25.06.2013

Payment Vouchers

Ext. No. W68

29.07.2013

Payment Vouchers

Ext. No. W69

05.08.2013

Payment Vouchers

Ext. No. W70

03.09.2013

Payment Vouchers

On the side of the Respondent

Ex. No.

Date

Description

Ext M1

18.01.2011

Hon'ble Supreme Court

Order dated 18.01.2011

in the matter of LIC of

India and Another Vs. D.V.

Anil Kumar and Etc. Min

Civil Appeal No. 953-968

of 2005

Ext. M2

16.07.2014

Judgment of Hon'ble High

Court of Kerala in WA No.

2362/2009 in OP 39055/

2002 in the matter of LIC

of India Vs. Ushakumar

and Others

Ext. M3

—

Section 48 (1&2) of the

Life Insurance Corporation

Act, 1956

ubZ fnYyh] 15 flrEcj] 2015

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New Delhi, the 15th September, 2015

S.O. 1859.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (Ref. No. 83/2014) of the

Central Government Industrial Tribunal/Labour Court,

Chennai now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of M/s LIC of India and their workman, which

was received by the Central Government on 08/09/2015.

[No. L-17025/4/2015-IR (M)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-

LABOUR COURT, CHENNAI

Thursday, the 27th August, 2015

Present

:

K.P. PRASANNA KUMARI,

Presiding Officer

Industrial Dispute No. 83/2014

(In the matter of the dispute for adjudication under Sub-

section 2A of Section-10 of the Industrial Disputes Act,

1947 (as amended by Act-24 of 2010 w.e.f. 15-09-2010)

between the Management of LIC of India and their

workman)

BETWEEN

Sri S. Balachandar

: 1st Party/Petitioner

AND

1. The Zonal Manager

: 2nd party/1st Repondent

Life Insurance Corporation

of India

LIC Building, Anna Salai

Chennai-600002

2. The Divisional Manager

: 2nd party/2nd Respondent

Divisional Office-II

Life Insurance Corporation

of India C-47, Anna Plaza,

II Avenue, Anna Nagar

Chennai-600040

Appearance:

For the 1st Party/Petitioner :

M/s Balan Haridas,

Advocates

For the 2nd Party/1st &

:

Sri C.K. Chandrasekkar,

2nd Management

Advocate

AWARD

This is an Industrial Dispute taken for adjudication

on the file under Sub-section 2A of Section-10 of the

Industrial Disputes Act, 1947 (as amended by Act-24 of

2010 w.e.f. 15.09.2010).

2. The averments in the Claim Statement filed by the

petitioner in brief are these:

The petitioner has passed SSLC. Respondent had

engaged the services of the petitioner to do the work

of Office Assistant/Peon. He had been doing the

work of filing papers, cleaning the office and all sundry

work entrusted to him in the Office of the Second

Respondent. He had joined the office in April 2011

and had been continuously working. Initially he was

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THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

paid wages @ Rs. 160/- per day. Later it was revised

to Rs. 250/- per day and again to Rs. 360/- per day. He

was paid on weekly basis. But voucher had been

raised under the head "Upkeep and Cleaning

Material". This was done to circumvent the law. The

petitioner had worked for more than 480 days

continuously during the period of 24 calendar

months. So the petitioner is entitled to be made

permanent under Section-3 of the Tamil Nadu

Industrial Establishment (Conferment of Permanent

Status to Workman) Act, 1981. The work discharged

by the petitioner is perennial in nature. He had worked

for more than 240 days continuously during the

period of 12 calendar months. He had been

terminated orally on 31.08.2013. The petitioner was

not issued any notice, notice pay or compensation

before termination. Termination of the services of

the petitioner would amount to retrenchment. In the

absence of compliance with Section-25F of the ID

Act the termination is void abinitio. The Respondent

now cannot say that the appointment of the petitioner

was not in terms of the LIC of India (Employment of

Temporary Staff) Instructions. Anyhow the

employment of the petitioner is protected by the

provisions of ID Act and the same will override the

so-called instructions. An order may be passed

holding that the termination of the service of the

petitioner by the Respondent is illegal and

consequently direct the Respondent to reinstate the

petitioner with full backwages, continuity of service

and all other attendant benefits.

3. The Respondents have filed Counter Statement

contending as below:

The Claim of the petitioner is not maintainable either

on facts or on law. The petitioner was not engaged

as Peon by the Respondents. He was engaged as

Coolie to do certain petty works in the office. He was

paid coolie charges on various dates from 01-04-2011

to 31.08.2013. The charges was paid for cleaning,

dusting and upkeep works of the branch office

depending upon the necessity. It is not correct to

state that the employment was continuous and

regular. The engagement of the petitioner was on

need basis only and was paid for the same. It is denied

that the petitioner worked against the post for 480

days in 24 calendar months to claim permanency.

Casual engagement of need based works cannot

confer permanency. Any appointment in the

Respondent Corporation can only be through a

regular process of selection and appointment against

regular posts. The termination of the petitioner was

effected pursuant to the order of Apex Court wherein

a scheme was framed and approved and those not

fitting the scope of the scheme were directed to be

relieved. So the claim of the petitioner is liable to be

rejected. The petitioner is not entitled to invoke

Section-25F of the ID act as the action of the

Respondents is in conformity with law. In compliance

of the order of the Supreme Court dated 18.01.2011

applications were invited from eligible temporary

Class-IV employees working in LIC of India for more

than 5 years as on 18.01.2011 and who had possessed

minimum eligible qualification . As per the order of

the Supreme Court those who have been engaged

on need bases would cease to be in employment in

compliance of the scheme. The petitioner was not

eligible to apply as per the scheme of the Supreme

Court. So he has no right to claim reinstatement or

absorption. The question of reinstatment can arise

only when regular employment has taken place as

per LIC of India (Employment of Temporary Staff)

Instructions. The provisions of the ID Act are not

applicable to the petitioners with reference to matters

covered by Section-48(2C) of the LIC Act. The

petitioner is not entitled to any relief.

4. The petitioner has filed rejoinder denying the

allegations in the Counter Statement and also reiterating

his case in the Counter Statement.

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

WW1 and MWs 1 and 2 and also documents marked as

Ext.W1 to Ext.W105 and Ext.M1 to Ext. M3.

6. The points for consideration are:

(i) Whether the termination of the petitioner by the

Respondents from service is legal and justified?

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

entitled?

The Points

7. The petitioner is challenging his termination from the

service of LIC of India and also seeking a direction to the

Respondents to reinstate him with full backwages,

continuity of service, etc.

8. The case set up by the petitioner is that he has joined

as Office Assistant/Peon in the office of the Second

Respondent in April 2011 and had been continuously

working in this capacity. According to him he was paid

wages @ Rs. 160/- per day initially. This was later revised

to Rs. 250/- per day again @ Rs. 360/- per day. According

to him though voucher was raised under the head "Upkeep

and Cleaning Material", this was only to circumvent the

law. He was actually doing the work of filing papers, cleaning

the office and doing other sundry work entrusted to him

just like any regular Peon in the office.

9. The case that is advanced on behalf of the

Respondents is that the petitioner was engaged as a Coolie

to do certain petty works in the office. The Respondent

has denied the claim of the petitioner that he was working

as Peon. However, it is admitted by the Respondent that

the petitioner had worked on various dates from 01.04.2011

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3863

to 31.08.2013 in the office of the Second Respondent,

though the claim is that the payment was as coolie charges.

10. Ext. W1 to Ext. W105 are the payment vouchers

produced by the petitioner to show that he was working in

the office of the Second Respondent continuously. These

vouchers are not disputed by the Respondents. It is clear

from the vouchers that the petitioner had been working

almost continuously in the office of the Second

Respondent except for some gap of a few days. The

vouchers would show that the payment used to be made

mostly for 6 days work. No payment is seen made for

holidays. A perusal of the voucher would reveal that the

petitioner had worked almost continuously.

11. What is the nature of work done by the pettioner?

According to the Respondents they were only doing works

such as cleaning, dusting and other upkeep works. This is

what is stated by MWs 1 and 2 in their Proof Affidavits

also. However, during their cross-examination MW1 has

stated that except for issuing forms the petitioner was

doing all the work that were usually done by the Sub-staff.

MW1 has also stated that the petitioner was paid daily

wages on weekly basis. Ext. W1 to Ext. W105 also would

show the almost on all occasions the petitioner was paid

once in week calculated on an amount fixed as wage per

day. From this also it could be seen that the petitioner

was working continuously with the Respondents for the

period claimed. However, there is no case for the

petitioner that he was working on a sanctioned post. He

has not claimed also that he was working on temporary

basis but only as a casual worker. In fact in the Claim

Statement the demand of the petitioner is only for

reinstatement and not for any regularization except for

the claim of permanency under Section-3 of the Tamil

Nadu Act. So it is clear that the petitioner was working on

daily wages and not on any sanctioned post.

12. Before dealing with the other contentions of the

petitioner the case that he is entitled for permanency under

Section-3 of the Tamil Nadu Act can be considered.

Section-3(1) of the Act states the notwithstanding anything

contained in any law in force every workman who is in

continuous service for a period of 480 days in a period

24 calendar months in an industrial establishment shall

be made permanent. The condition for treating a workman

to be in continuous service is given in the next Sub-section

of Section-3. On going through Ext.W1 to Ext.W105

there could be no doubt that the petitioner must have been

in service for a period of 480 days within a period of 24

calendar months in the Office of the Second Respondent.

13. The counsel for the petitioner has been seeking

support from the decisions of the High Court of Madras

to fortify his contention. He has referred to the decision

in ELAYAPERUMAL VS. STATE BANK OF INDIA (Writ.

Appeal No. 1372 of 2006 decided on 08.01.2007). The

Hon'ble High Court has held in this case that the provisions

of the Permanent Status Act will apply to Banks including

nationalized banks. Another decision referred to by the

counsel for the petitioner is HINDUSTAN PETROLEUM

CORPORATION LTD. VS. PRESIDING OFFICER, CGIT,

CHENNAI reported in 2008 4 CTC 819 where it was held

that the Act is applicable to HINDUSTAN PETROLEUM

CORPORATION LTD. Another decision relied upon is

LAKSHMI VS. THE CHIEF ENGINEER, TNEB reported in

2012 3 LLN 681 wherein it was held that the concerned

worker would have been entitled to the benefit of

conferment of permanent status under TNEB. It is pointed

out by the counsel for the Respondents that the second

decision referred to has been taken to the Apex court and

has been compromised. In the last decision referred to Tamil

Nadu Electricity Board being a party, the Permanent Status

Act very well applies to the same. The operation of the

other decisions referred to has been stayed by the Apex

Court and the matter is still pending. According to the

counsel for the petitioner even if stay has been granted the

dictum laid down by the High Court can be applied to the

present case. I am not able to accept this argument of the

counsel. When operation of the decision is stayed, it could

not be acted upon and there is not question of the principle

laid down in the decision being applied. So the contention

of the petitioner that he is entitled to the benefit of Section-

3 of the Permanent Status Act of the Tamil Nadu could not

be accepted.

14. It is not disputed by the Respondents that the

petitioner will be a workman as difined in Section-2(k) of

the ID Act but for inapplicability of the Act itself. It is also

admitted on behalf of the Respondents that the termination

of the petitioner was done without complying with Section-

25F of the ID Act. So there is no necessity to refer to various

decisions relied upon on behalf of the petitioner in this

respect. The counsel for the Respondents has not disputed

the legal position that that termination in violation of

Section-25F of the Act will be void abinitio.

15. The contention on behalf of the Respondents that

the termination of the petitioner was in lieu of the decision

of the Apex Court wherein the scheme framed was approved

by the Apex Court and those who did not get selected as

per the scheme ceased to be in service. The order of the

Apex Court relied upon by the Respondents has been

produced and marked as Ext.M1. One of the appelants in

the several civil appeals decided by Ext.M1. order is the

LIC of India and the Respondents are those who were

working in the Corporation and has claimed reinstatement

or permanency. While this case was pending, the

Corporation had framed a scheme as below:

One time limited examination for those termporary

persons who are working in LIC of India for more

than 5 years and who had possessed minimum

eligible qualification and age as prescribed at the

relevant time of their entry into the LIC of India

3864

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

would be considered. For this purpose LIC of India

would hold a limited written examination which will

be in the vernacular language with a limited syllabus

which would be announced in advance.

Such of those temporary employees who do not apply

and/or not successful shall cease to be in

employment. It is cleared that those temporary

persons who are not governed under these

submissions shall also cease to be in employment.

The scheme having been acceptable to the other

side the appeals were disposed by the Apex Court

with the direction that the Respondents shall absorb

employees in terms of the scheme.

16. The case of the Respondents is that application

was called for from the temporary workers, a written

examination was conducted and those who were found

eligible were given permanent appointment in the

Corporation. Those other persons who did not fit in the

sheme were turned out of service on 31.08.2013.

According to the Respondents the petitioner who was not

eligible to apply for the test and had not made any

application had ceased to be in employment consequent

to the scheme approved by the Apex Court. It is the case

of the Respondents that the petitioner who had ceased to

be an employee of the Corporation is now not entiled to

claim reinstatement.

17. The counsel for the petitioner has been mainly

relying upon the devision of the Apex Court in TAMIL

NADU TERMINATED FULL TIME TEMPORARY LIC

EMPLOYEES ASSOCIATION VS. LIC OF INDIA AND

OTHERS in civil Appeal No. 6951/2009 and other appeals

in this respect. In this the apex Court has found that the

temporary employees are entitled to reinstatement and

permanency. In the above decision the Apex Court had

found that even though the Corporation had entered into a

compromise with some of the workers it will not affect

the right of the workmen concerned to claim relief under

the earlier national awards existing since those awards

were not set aside even after the compromise. It has also

been observed that in any case the compromise will not

affect the rights of the parties to claim statutoary benefits

udner the Industrial Disputes Act.

18. The counsel for the Respondents has pointed out

the Civil Appeal Nos. 6951/2009 and connected appeals

were de-tagged by the Apex Court whil considering

Ext.M1 cases since the issues involved in those cases were

different from the cases considered in Ext.M1 order. On

going through Ext.M1 it could be seen that such a

representation was made and it is accordingly those

appeals were de-tagged. The workmen involved in the

above appeals were discharging work of perennial nature

against permanent posts. It could be seen fromt he

decision that there was an earlier award applicable to the

parties and a compromise was entered into by the

Corporation with some of the Unions while a case was

pending. In Civil Appeal Nos. 6951/2009 and other cases

it has been held that the direction given to the Corporation

as per the Award regarding other workmen who were

parties to the case and had not entered into a compromise

has not been substituted by the terms and conditions of

the compromise. It is pointed out by the counsel for the

Respondents that it is in this background the decision has

been rendered.

19. The counsel for the Respondents has referred to

two earlier decisions of the Apex Court that has held that

the provisions of the ID Act is not applicable to the workers

of the Corporation. Reference was made to the decision

in M. Venugopal Vs. the Divisional Manager, LIC of India

reported in 1994 2 SCC 323. In this the Apex Court has

considered Sub-section 2(c) of Section 48 which has been

incorporated in LIC Act by amendment, and other

provisions. Section 48 of the Act provides that the Central

Government may make rules to carry out the purposes of

the Act. The rules may provide for terms and conditions

of the service of the employees. As per Clause (cc) the

regulations and other provisions in force immediately

before the commencement of the Amendment Act with

respect to the terms and condititons of the service of the

employees shall be deemed to be the rules made under

Clause (cc) as per Clause 2 (A). Clause 2C of the same

section states that the provisions of Clause (cc) and Sub-

section 2B and any rules made there under shall have

effect notwithstanding any judgment, decree or order of

the any Court, Tribunal or other authority and

notwithstanding anything contained in the Industrial

Disputes Act or any other law, agreement, settlement,

award or other instrument. Referring to these provisions

it was held in Venugopal's case referred to above that the

wisdom of the legislature in extending the protection of

the provisions of Industrial Disputes Act or denying the

same cannot be judged by the Courts unless any such steps

is held to be violative of any of the provisions of the

Constitution. After the amendment introduced in Section-

48 the employees of the Corporation shall not be entitled

to protection to which they were entitled before coming

into force of the amendment, though till then it was upto

them to impose the rights or remedies in terms of the

regulation so framed under the Corporation Act or in

accordance with the provisions of the Industrial Disputes

Act, it has been held. The counsel for the Respondents

has also referred to the decision A.V. NACHANE VS.

UNION OF INDIA reported in AIR 1982 SC 1126 in this

respect. In the above case it has been held that Section -

48 (2C) read with Section 48 (2cc) authorized the Central

Government to make rules to carry out the purpose of the

Act notwithstanding the Industrial Disputes Act or any

other law, which meant that in respect of the matters

covered by the rules, the provisions of the Industrial

Disputes Act or any other law will not be operative. The

grievance raised in the case that excluding the employees

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3865

of the Corporation from the purview of Industrial Disputes

Act amounted to discrimination against them and as such

the provisions of the amending act were violative of

Article-14 of the Constitution were also rejected by the

Apex Court. The counsel has also referred to the decision

of the Apex Court in LIC OF INDIA Vs. ASHA RAMCHAND

AMBEDKAR reported in 1994 2 SCC 718 where it was held

that the instuctions issued by the Chairman of the

Corporation exercising his powers under the regulations

framed under the Act were statutory in character and they

have the force of law. Based on the decision of the Apex

Court after acceptance of the scheme the Corporation had

issued several instructions on the basis of which the

petitioner and such others had ceased to be in employment.

It has been argued that the instructions are not statutory

in character though the regulations are. It was in this context

the above decision was relied upon. Thus the three bench

decision of the Apex Court in the case earlier referred to

had held that Industrial Disputes Act will not apply to

those employees coming under the LIC Act and its rules

and regulations. The recent decision of the Apex Court in

favour of the temporary employees of the Corporation were

rendered in the cotext already referred to. Those employees

were fighting their case even while the cases under Ext.M1

were pending and those were treated separately and decided

separately in the background referred to above. So the

decision in the above case could not be applied to the

facts of the present case. The other decisions referred to

by the counsel for the petitioner are all those in which the

provisions of the ID Act are applicable and need not be

referred to.

20. I have already stated that there is no case for the

Respondents that any notice, notice pay or compensation

were given as required under Section 25F of the ID Act

when the petitioner was terminated. The counsel for the

Respondents has pointed out that in the absence of

application of Industrial Disputes Act there is no necessity

to comply with Section-25F of the Act also. He has

referred to the decision of the High Court of Kerala in LIC

OF INDIA Vs. USHA KUMARI AND OTHERS in Writ

Appeal 2362/2009 in this respect. The High Court has

referred to the decisions of the Apex Court wherein the

provisions of the Industrial Disputes Act were found

inapplicable to the employees of the Life Insurance

Corporation and has held that the provisons contained in

Section 48(2C) of the LIC would override the Industrial

Disputes Act and so termination of the employees cannot

amount to retrenchment as provided under Section-2(oo)

of the Industrial Disputes Act attracting Section 25F of

the Act. It was a natural consequence, the Apex Court having

found that Industrial Disputes Act is not applicable to

those coming under the Life Insurance Corporation Act.

This being so, the petitioner would not be entitled even to

the benefit under Section-25F of the Act. The termination

of the petitioner was the consequence of the order of the

Apex Court accepting the scheme for providing

employment to eligible workmen who were working as

temporary employees of the Corporation. Those who did

not fit in with the scope had to meet the consequence.

The petitioner had not completed 5 years as daily wager

in the Corporation as contemplated in the scheme and he

was not eligible to apply for the written examination. It is

accordingly he happened to be eliminated and ceased to

be in employment. So the petitioner will not be entitled

to any relief.

In view of my discussion above the reference is answered

against the petitioner. An award is passed accordingly.

K.P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/

: WW1, Sri S. Balachandar

Petitioner

For the 2nd Party/1st & : MW1, Sri B. Seetharaman

2nd Management

MW2, Sri S. Shrinivas

Purushan

On the side of the Petitioner

Ex.No.

Date

Description

Ext.W1

10.04.2011

Payment Vouchers

Ext.W2

20.06.2011

Payment Vouchers

Ext.W3

29.08.2011

Payment Vouchers

Ext.W4

31.12.2011

Payment Vouchers

Ext.W5

5.12.2011

Payment Vouchers

Ext.W6

06.062011

Payment Vouchers

Ext.W7

05.05.2011

Payment Vouchers

Ext.W8

-

Payment Vouchers

Ext.W9

10.10.2011

Payment Vouchers

Ext.W10

15.04.2011

Payment Vouchers

Ext.W11

23.05.2011

Payment Vouchers

Ext.W12

15.10.2011

Payment Vouchers

Ext.W13

24.02.2011

Payment Vouchers

Ext.W14

13.09.2011

Payment Vouchers

Ext.W15

31.10.2011

Payment Vouchers

Ext.W16

14.11.2011

Payment Vouchers

Ext.W17

28.11.2011

Payment Vouchers

Ext.W18

21.11.2011

Payment Vouchers

Ext.W19

05.11.2011

Payment Vouchers

Ext.W20

03.10.2011

Payment Vouchers

Ext.W21

14.01.2012

Payment Vouchers

Ext.W22

25.01.2012

Payment Vouchers

3866

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

Ext.W23

30.01.2012

Payment Vouchers

Ext.W24

06.02.2012

Payment Vouchers

Ext.W25

13.02.2012

Payment Vouchers

Ext.W26

20.02.2012

Payment Vouchers

Ext.W27

14.03.2012

Payment Vouchers

Ext.W28

06.03.2012

Payment Vouchers

Ext.W29

26.03.2012

Payment Vouchers

Ext.W30

02.04.2012

Payment Vouchers

Ext.W31

09.04.2012

Payment Vouchers

Ext.W32

16.04.2012

Payment Vouchers

Ext.W33

23.04.2012

Payment Vouchers

Ext.W34

07.05.2012

Payment Vouchers

Ext.W35

14.05.2012

Payment Vouchers

Ext.W36

28.05.2012

Payment Vouchers

Ext.W37

21.05.2012

Payment Vouchers

Ext.W38

04.06.2012

Payment Vouchers

Ext.W39

18.06.2012

Payment Vouchers

Ext.W40

25.06.2012

Payment Vouchers

Ext.W41

02.07.2012

Payment Vouchers

Ext.W42

09.07.2012

Payment Vouchers

Ext.W43

14.07.2012

Payment Vouchers

Ext.W44

23.07.2012

Payment Vouchers

Ext.W45

30.07.2012

Payment Vouchers

Ext.W46

06.08.2012

Payment Vouchers

Ext.W47

13.08.2012

Payment Vouchers

Ext.W48

18.08.2012

Payment Vouchers

Ext.W49

27.08.2012

Payment Vouchers

Ext.W50

01.09.2012

Payment Vouchers

Ext.W51

10.09.2012

Payment Vouchers

Ext.W52

17.09.2012

Payment Vouchers

Ext.W53

24.09.2012

Payment Vouchers

Ext.W54

29.09.2012

Payment Vouchers

Ext.W55

22.10.2012

Payment Vouchers

Ext.W56

29.10.2012

Payment Vouchers

Ext.W57

06.11.2012

Payment Vouchers

Ext.W58

06.11.2012

Payment Vouchers

Ext.W59

12.11.2012

Payment Vouchers

Ext.W60

19.11.2012

Payment Vouchers

Ext.W61

24.11.2012

Payment Vouchers

Ext.W62

03.12.2012

Payment Vouchers

Ext.W63

10.12.2012

Payment Vouchers

Ext.W64

31.12.2012

Payment Vouchers

Ext.W65

07.01.2013

Payment Vouchers

Ext.W66

12.01.2013

Payment Vouchers

Ext.W67

21.01.2013

Payment Vouchers

Ext.W68

29.01.2013

Payment Vouchers

Ext.W69

25.02.2013

Payment Vouchers

Ext.W70

29.01.2013

Payment Vouchers

Ext.W71

01.03.2013

Payment Vouchers

Ext.W72

02.03.2013

Payment Vouchers

Ext.W73

16.03.2013

Payment Vouchers

Ext.W74

25.02.2013

Payment Vouchers

Ext.W75

18.02.2013

Payment Vouchers

Ext.W76

04.02.2013

Payment Vouchers

Ext.W77

11.02.2013

Payment Vouchers

Ext.W78

22.02.2013

Payment Vouchers

Ext.W79

07.01.2013

Payment Vouchers

Ext.W80

21.02.2013

Payment Vouchers

Ext.W81

16.02.2013

Payment Vouchers

Ext.W82

18.02.2013

Payment Vouchers

Ext.W83

02.03.2013

Payment Vouchers

Ext.W84

13.03.2013

Payment Vouchers

Ext.W85

16.03.2013

Payment Vouchers

Ext.W86

25.03.2013

Payment Vouchers

Ext.W87

25.03.2013

Payment Vouchers

Ext.W88

25.03.2013

Payment Vouchers

Ext.W89

08.04.2013

Payment Vouchers

Ext.W90

15.04.2013

Payment Vouchers

Ext.W91

22.04.2013

Payment Vouchers

Ext.W92

29.04.2013

Payment Vouchers

Ext.W93

07.05.2013

Payment Vouchers

Ext.W94

13.05.2013

Payment Vouchers

Ext.W95

27.05.2013

Payment Vouchers

Ext.W96

03.06.2013

Payment Vouchers

Ext.W97

11.06.2013

Payment Vouchers

Ext.W98

18.06.2013

Payment Vouchers

Ext.W99

25.06.2013

Payment Vouchers

Ext.W100

08.07.2013

Payment Vouchers

Ext.W101

15.07.2013

Payment Vouchers

Ext.W102

29.07.2013

Payment Vouchers

Ext.W103

05.08.2013

Payment Vouchers

Ext.W104

14.08.2013

Payment Vouchers

Ext.W105

03.09.2013

Payment Vouchers

[Hkkx II—[k.M 3(ii)]

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3867

On the side of the Respondent :

Ex.No.

Date

Description

Ex.M1

18.01.2011

Hon'ble Supreme Court

Order dated 18.01.2011 in

the matter of LIC of India

and Another Vs. D.V. Anil

Kumar and Etc. Min. Civil

Appeal No. 953-968 of

2005

Ex.M2

16.07.2014

Judgment of Hon'ble High

Court of Kerala in WA No.

2362/2009 in OP 39055/2002

in the matter

of LIC of

India Vs. Ushakumar and

Others

Ex.M3

Section 48 (1&2) of the Life

Insurance Corporation Act,

1956.

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New Delhi, the 15th September, 2015

S.O. 1860.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (Ref. No. 85/2014) of the

Cent.Govt. Indus.Tribunal-cum-Labour Court, Chennai

now as shown in the Annexure, in the Industrial Dispute

between the management of M/s. LIC of India and their

workmen, received by the Central Government on

08/09/2015.

[No. L-17025/4/2015-IR (M)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENTAL

INDUSTRIAL TRIBUNAL-CUM-

LABOUR COURT, CHENNAI

Thursday, the 27th August, 2015

Present:

K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 85/2014

(In the matter of the dispute for adjudication under Sub-

section 2A of Section-10 of the Industrial Disputes Act,

1947 (as amended by Act-24 of 2010 w.e.f. 15.09.2010)

between in the Management of LIC of India and their

workman)

BETWEEN

Sri S. Vinoth Kumar

:

1st Party/Petitioner

AND

1. The Zonal Manager

: 2nd Party/1st Respondent

Life Insurance

Corporation of India

LIC Building, Anna Salai

Chennai-600002

2. The Divisional Manager : 2nd Party/2nd Respondent

Divisional Office-II

Life Insurance Corporation

of India

C-47, Anna Plaza, II Avenue,

Anna Nagar

Chennai-600040

Appearance :

For the 1st Party/Petitioner : M/s Balan Haridas,

Advocates

For the 2nd Party/

: Sri C.K. Chandrasekkar

Management

Advocate

AWARD

This is an Industrial Dispute taken for adjudication on

the file under Sub-section 2A of Section-10 of the Industrial

Disputes Act, 1947 (as amended by Act-24 of 2010 w.e.f.

15.9.2010).

2. The averments in the Claim Statement filed by the

petitioner in brief are these:

The petitioner has studied upto Plus 2 and has done

his B.Com. Course though he is yet to complete two

papers. He was engaged by the Respondents to do

the work of Office Assistant/Peon. He had been doing

the work of filing of papers, cleaning the office and

all sundry work entrusted to him by the Office of the

second Respondent. The petitioner joined the Office

of the Second Respondent on 06.12.2010 and had

been continuously working. He was paid @ Rs. 250/-

per day initially and this was later increased to Rs.

360/- per day. Payment was made on weekly basis.

He was paid by raising voucher under the head

"Upkeep and Cleaning Material". He was paid wages

every week in Cash. It was only to circumvent the

law the wording Upkeep and Cleaning Material was

used in the vouchers. The petitioner had worked for

3868

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

more than 480 days continuously during the period

of 24 calendar months. So, the petitioner is entitled

to be made permanent under Section-3 of the Tamil

Nadu Industrial Establishment (Conferment of

Permanent Status of Workman) Act, 1981. The work

discharged by the petitioner is perennial in nature.

He had worked for more than 240 days continuously

during the period of 12 calendar months. He had

been terminated orally on 31.08.2013. The petitioner

was not issued any notice, notice pay or

compensation before termination. Termination of the

services of the petitioner would amount to

retrenchment. In the absence of compliance with

Section-25F of the ID Act the termination is void

abinitio. The Respondent now cannot say that the

appointment of the petitioner was not in terms of the

LIC of India (Employment of Temporary Staff)

Instructions. Anyhow the employment of the

petitioner is protected by the provision of ID Act

and the same will override the so-called instructions.

As order may be passed holding that termination of

the service of the petitioner by the Respondent is

illegal and consequently direct the Respondent to

reinstate the petitioner with full backwages,

continuity and all other attendant benefits.

3. The Respondents have filed Counter Statement

contending as below:

The claim of the petitioner is not maintainable either

on facts or on law. The petitioner was not engaged

as Peon by the Respondents. He was engaged as

Coolie to do certain petty works in the office. He was

paid coolie on various dates from 06.12.2010 to

31.08.2013. Charges were paid for cleaning, dusting

and upkeep works of the branch office depending

upon the necessity. It is not correct to state that the

employment was continuous and regular. The

engagement of the petitioner was on need basis only

and he was paid for the same. It is denied that the

petitioner worked against post for 480 days in 24

calendar months to claim permanency. Casual

engaged on need based works cannot confer

permanency. Any appointment in the Respondent

Corporation can only be through a regular process

of selection and appointment against regular posts.

The termination of the petitioner was effected

pursuant to the order of Apex Court wherein a scheme

was framed and approved and those not fitting the

scope of the scheme were directed to be relieved. So

the claim of the petitioner is liable to be rejected. The

petitioner is not entitled to invoke Section-25F of the

ID Act as the action of the Respondents is in

conformity with law. In compliance of the order of

the Supreme Court dated 18.01.2011 applications were

invited from eligible temporary Class-IV employees

working in LIC of India for more than 5 years as on

18.01.2011 and who had possessed minimum eligible

qualification. As per the order of the Supreme Court

those who have been engaged on need basis would

cease to be in employment in compliance of the

scheme. The petitioner was not eligible to apply as

per the scheme of the Supreme Court. So he has no

right to claim reinstatement or absorption. The

question of reinstatement can arise only when regular

employment has taken place as per LIC of India

(Employment of Temporary Staff) Instructions. The

provisions of the ID Act are not applicable to the

petitioners with reference to matters covered by

Section-48(2C) of the LIC Act. The petitioner is not

entitled to any relief.

4. The petitioner has filed a rejoinder denying the

allegations in the Counter Statement and also reiterating

his case in the Counter Statement.

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

WW1 and MWs 1 and 2 and also documents marked as

Ext. W1 to Ext. 108 and Ext. M1 to Ext. M3.

6. The points for consideration are:

(i) Whether termination of the petitioner by the

Respondents from service is legal and justified?

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

entitled?

The Points

7. The petitioner has claimed that he was illegally

terminated from the service of the Respondents orally on

31.08.2014 and is seeking to reinstate him in service with

full backwages, continuity of service and other benefits.

8. According to the petitioner he had joined the service

of the First Respondent on 06.12.2010 as Office Assistant/

Peon and was working continously in this capacity in the

office of the Second Respondent until he was terminated

from service on 31.08.2013. According to the petitioner

initially he was paid wages @ Rs. 250/- per day and later

this was increased to Rs. 360/- per day. According to him,

though voucher was raised under the head "Upkeep and

Cleaning Material", this was only a ploy to circumvent the

law.

9. The Respondent has admitted in the counter statement

that the petitioner had been working in the Office of the

Second Respondent on various dates from 06.12.2010 to

31.08.2013. However, according to the Respondents the

petitioner was only doing certain petty works in the office

and was paid coolie charges only. He was not working as

Peon or Office Assistant.

10. The petitioner has filed Proof Affidavit in lieu of

Chief Examination and has also marked payment vouchers

as Ext. W1 to Ext. W108 to substantiate his case. The

payment vouchers for different period starting from

27.12.2010 and upto 03.09.2013 would show that the

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3869

petitioner was working almost continuously in the office

of the Second Respondent. It could be deciphered from

these payment vouchers that he was working almost

regularly in the Office of the Second Respondent.

Payment is seen made weekly, mostly and for a fixed rate

per day. The vouchers would reveal that payment is made

mostly for 6 days excludig holidays. Thus it could be seen

that it was not engagement on need basis as claimed by

the Respondents but continuous engagement, as could be

made out from these vouchers.

11. What is the nature of work done by the petitioner?

According to the Respondents they were only doing works

such as cleaning, dusting and other upkeep works. This is

what is stateded by MWs 1 and 2 in their Proof Affidavits

also. However, during their cross-examination MW1 has

stated that except for issuing forms the petitioner was

doing all the works that were usually done by the Sub-

Staff. MW1 has also stated that the petitioner was paid

daily wages on weekly basis. Ext. W1 to Ext. W108 also

would show that almost on all occasions the petitioner

was paid once in a week calculated on amount fixed as

wage per day. From this also it could be seen that the

petitioner was working continuously with the Respondents

for the period claimed. However, there is no case for the

petitioner that he was working on a sanctioned post. He

was not claimed also that he was working on temporary

basis but only as a causal worker. In fact in the Claim

Statement the demand of the petitioner is only for

reinstatement and not for any regularization except for

the claim of permanency under Section-3 of the Tamil

Nadu Act. So it is clear that the petitioner was working on

daily wages was not on any sanctioned post.

12. Before dealing with the other contentions of the

petiioner the case that he is entitled for permanency under

Section-3 of the Tamil Nadu Act can be considered.

Section-3(1) of the Act states that notwithstanding

anything contained in any law in force every workman who

is in continuous service for a peirod of 480 days in a

period of 24 calendar months in an industrial

establishment shall be made permanent. The condition for

treating a workman to be in continuous service is given in

the next sub-section of Section-3. On going through Ext.

W1 to Ext.W108 there could be no doubt that the

petitioner must have been in service for a period of 480

days within a period of 24 calendar months in the Office

of the Second Respondnet.

13. The counsel for the petitioner has been seeking

support from the decisions of the High Court of Madras

to fortify his contention. He has referred to the decision

in ELAYAPERUMAL VS. STATE BANK OF INDIA (Writ

Appeal No. 1372 of 2006 decided on 08.01.2007) . The

Hon'ble High Court has held in this case that the

provisions of the Permanent Status Act will apply to Banks

including nationalized banks. Another decision referred

to by the counsel for the petitioner is HINDUSTAN

PETROLEUM CORPN. LTD. VS. PRESIDING OFFICER,

CGIT, CHENNAI reported in 2008 4 CTC 819 where it

was held that the Act is applicable to HINDUSTAN

PETROLEUM CORPORATION LTD. Another decision

relied upon is LAKSHMI VS. THE CHIEF ENGINEER,

TNEB reported in 2012 3 LLN 681 wherein it was held

that the concerned worker would have been entitiled to

the benefit of conferment of permanent status under

TNEB. It is pointed out by the counsel for the Respondents

that the second decision referred to has been taken to the

Apex Court and has been compromised. In the last decision

referred to Tamil Nadu Electricity Board being a party,

the Permanent Status Act very well apply to the same. The

operation of the other decision referred to has been stayed

by the Apex Court and the matter is still pending. According

to the counsel for the petitioner even if stay has been

granted the dictum laid down by the High Court can be

applied to the present case. I am not able to accept this

argument of the counsel. When operation of the decision

is stayed, it could not be acted upon and there is no question

of the principle laid down in the decision being applied. So

the contention of the petitioner that he is entitiled to the

benefit of Section-3 of the Permanent Status Act of the

Tamil Nadu could not be accepted.

14. It is not disputed by the Respondents that the

petitioner will be a workman as defined in Section-2(k)

of the ID Act but for inapplicability of the Act itself. It is

also admitted on behalf of the Respondnets that the

termination of the petitioner was done without complying

with Section-25F of the ID Act. So there is no necessity

to refer to various decisions relief upon on behalf of the

petitioner in this respect. The counsel for the Respondents

has not disputed the legal position that the termination in

violation of Section-25F of the Act will be void abinitio.

15. The contention on behalf of the Respondents that

the termination of the petitioner was in lieu of the decision

of the Apex Court wherein the scheme framed was

approved by the Apex Court and those who did not get

selected as per the scheme ceased to be in service. The

order of the Apex Court relied upon by the Respondents

has been produced and marked as Ext. M1. One of the

appellants in the several civil appeals decided by Ext. M1

order is the LIC of India and the Respondents are those

who were working in the Corporation and has claimed

reinstatement or permanency. While this case was pending,

the Corporation had framed a scheme as below:

On time limited examination for those temporary

persons who are working in LIC of India for more

than 5 years and who had possessed minimum

eligible qualification and age as prescribed at the

relevant time of their entry into the LIC of India

would be considered. For this purpose LIC of India

hold a limited written examination which will be in

the vernacular language with a limited syllabus which

would be announced in advance.

3870

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

Such of those temporary employees who do not apply

and/or not successful shall cease to be in

employment. It is cleared that those temporary

persons who are not governed under these

submissions shall also cease to be in employment.

The scheme having been acceptable to the other side

the appeals were disposed by the Apex Court with

the direction that the Respondents shall absorb

employees in terms of the scheme.

16. The case of the Respondents is that application

was called for from the temporary workers, a written

examination was conducted and those who were found

eligible were given permanent appointment in the

Corporation. Those other persons who did not fit in the

scheme were turned out of service on 31.08.2013.

According to the Respondents the petitioner who was not

eligible to apply for the test and had not made any

application had ceased to be in employment consequent

to the scheme approved by the Apex Court. It is the case

of the Respondents that the petitioner who had ceased to

be an employee of the Corporation is now not entitled to

claim reinstatement.

17. The counsel for the petitioner has been mainly

relying upon the decision of the Apex Court in TAMIL

NADU TERMINATED FULL TIME TEMPORARY LIC

EMPLOYEES ASSOCIATION VS. LIC OF INDIA AND

OTHERS in Civil Appeal No. 6951/2009 and other appeals

in this respect. In this the Apex Court has found that the

temporary employees are entitled to reinstatment and

permanency. In the above decision the Apex Court had

found that even though the Corporation had entered into a

compromise with some of the workers it will not affect the

right of the workmen concerned to claim relief under the

earlier national awards existing since those awards were

not set-aside even after the compromise. It has also been

observed that in any case the compromise will not affect

the rights of the parties to claim statutory benefits under

the Industrial Disputes Act.

18. The counsel for the Respondents has pointed out

that Civil Appeal Nos. 6951/2009 and connected appeals

were de-tagged by the Apex Court while considering Ext.

M1 cases since the issues involved in those cases were

different from the cases considered in Ext. M1 order. On

going through Ext. M1 it could be seen that such a

representation was made and it is accordingly those appeals

were de-tagged. The workmen involved in the above

appeals were discharging work of perennial nature against

permanent posts. It could be seen from the decision that

there was an earlier award applicable to the parties and a

compromise was entered into by the Corporation with

some of the Unions while a case was pending. In Civil

Appeal Nos. 6951/2009 and other cases it has been held

that the direction given to the Corporation as per the Award

regarding other workmen who were parties to the case

and had not entered into a compromise has not been

substituted by the terms and conditions of the

compromise. It is pointed out by the counsel for the

Respondents that it is in this background the decision has

been rendered.

19. The counsel for the Respondents has referred to

two earlier decisions of the Apex Court that has held that

the provisions of the ID Act is not applicable to the workers

of the Corporation. Reference was made to the decision

in M. Venugopal Vs. The Divisional Manager, LIC of India

reported in 1994 2 SCC 323. In this the Apex Court has

considered Sub-Section 2(C) of Section-48 which has been

incorporated in LIC Act by amendment and other

provisions Section-48 of the Act provides that the Central

Government may make rules to carry out the purposes of

the Act. The rules may provide for terms and conditions

of the service of the employees. As per Clause (cc) the

regulations and other provisions in force immediately

before the commencement of the Amenedment Act with

respect to the terms and conditions of the service of the

employees shall be deemed to be the rules made under

Clause (cc) as per Clause-2(A). Clause-2C of the same

section states that the provisions of Clause (cc) and Sub-

Section 2B and any rules made there under shall have

effect notwithstanding any judgement, decree or order of

the any Court. Tribunal or other authority and

notwithstanding anything contained in the Industrial

Disputes Act or any other law, agreement, settlement,

award or other instrument. Referring to these provisions

it was held in Venugopal's case referred to above that the

wisdom of the legislature in extending the protection of

the provisions of Industrial Disputes Act or denying the

same cannot be judged by the Courts unless any such step

is held to be violative of any of the provisions of the

Constitution. After the amendment introduced in Section-

48 the employees of the Coporation shall not be entitled

to protection to which they were entitled before coming

into force of the amendment, though till then it was upto

them to impose the rights or remedies in terms of the

regulation so framed under the Corporation Act or in

accordance with the provisions of the Industrial Disputes

Act, it has been held. The counsel for the Respondents

has also referred to the decision A.V. Nachane Vs. Union

of India reported in AIR 1982 SC 1126 in this respect. In

the above case it has been held that Section-48(2C) read

with Section-48(2cc) authorized the Central Government

to make rules to carry out the purpose of the Act

notwithstanding the Industrial Disputes Act or any other

law, which meant that in respect of the matters covered

by the rules, the provisions of the Industrial Disputes Act

or any other law will not be operative. The grievance raised

in the case that excluding the employees of the

Corporation from the purview of Industrial Disputes Act

amounted to discrimination against them and as such the

provisions of the amending act were violative of Article-

14 of the Constitution were also rejected by the Apex

[Hkkx II—[k.M 3(ii)]

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3871

Court. The counsel has also referred to the decision of the

Apex Court in LIC of India Vs. Asha Ramchand Ambedkar

reported in 1994 2 SCC 718 where it was held that the

instructions issued by the Chairman of the Corporation

exercising his powers under the regulations framed under

the Act were statutory in character and they have the force

of law. Based on the decision of the Apex Court after

acceptance of the scheme the Corporation had issued

several instructions on the basis of which the petitioner

and such others had ceased to be in employment. It has

been argued that the instructions are not statutory in

character though the regulations are. It was in this context

the above decision was relied upon. Thus the three bench

decision of the Apex Court in the case earlier referred to

had held that Industrial Disputes Act will not apply to

those employees coming under the LIC Act and its rules

and regulations. The recent decision of the Apex Court in

favour of the temporary employees of the Corporation were

rendered in the context already referred to. Those employees

were fighting their case even while the cases under Ext. M1

were pending and those were treated separately and decided

separately in the backgound referred to above. So the

decision in the above case could not be applied to the

facts of the present case. The other decisions referred to

by the counsel for the petitioner are all those in which the

provisions of the ID Act are applicable and need not be

referred to.

20. I have already stated that there is no case for the

Respondents that any notice, notice pay or compensation

were given as required under Section-25F of the ID Act

when the petitioner was terminated. The counsel for the

Respondents has pointed out that in the absence of

application of Industrial Disputes Act there is no necessity

to comply with Section-25F of the Act also. He has

referred to the decision of the High Court of Kerala in

LIC of India Vs. Usha Kumari and Others in Writ Appeal

2362/2009 in this respect. The High Court has referred

to the decisions of the Apex Court wherein the provisions

of the Industrial Disputes Act were found inapplicable to

the employees of the Life Insurance Corporation and has

held that the provisions contained in Section-48(2C) of

the LIC Act would override the Industrial Disputes Act

and so termination of the employees cannot amount to

retrenchment as provided under Section-2(oo) of the

Industrial Disputes Act attracting Section-25F of the Act.

It was a natural consequence, the Apex Court having found

that Industrial Disputes Act is not applicable to those

coming under the Life Insurance Corporation Act. This

being so, the petitioner would not be entitled even to the

benefit under Section-25F of the Act. The termination of

the petitioner was the consequence of the order of the

Apex Court accepting the scheme for providing

employment to eligible workmen who were working as

temporary employees of the Corporation. Those who did

not fit in with the scope had to meet the consequence.

The petitioner had not completed 5 years as daily wager in

the Corporation as contemplated in the scheme and he was

not eilgible to apply for the written examination. It is

accordingly he happened to be eliminated and ceased to

be in employment. So the petitioner will not be entitled

to any relief.

In view of my discussion above the reference is answered

against the petitioner. An award is passed accordingly.

K.P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner : WW1, Sri S. Vinoth Kumar

For the 2nd Party/

: MW1, Sri B. Seetharaman

Management

: MW2, Sri S. Shrinivas

Purushan

Documents Marked:

On the side of the Petitioner

Ex. No.

Date

Description

Ext. W1

27.12.2010

Payment Vouchers

Ext. W2

03.01.2011

Payment Vouchers

Ext. W3

10.01.2011

Payment Vouchers

Ext. W4

14.01.2011

Payment Vouchers

Ext. W5

24.01.2011

Payment Vouchers

Ext. W6

31.01.2011

Payment Vouchers

Ext. W7

07.02.2011

Payment Vouchers

Ext. W8

12.02.2011

Payment Vouchers

Ext. W9

21.02.2011

Payment Vouchers

Ext. W10

28.02.2011

Payment Vouchers

Ext. W11

07.03.2011

Payment Vouchers

Ext. W12

12.03.2011

Payment Vouchers

Ext. W13

21.03.2011

Payment Vouchers

Ext. W14

28.03.2011

Payment Vouchers

Ext. W15

02.04.2011

Payment Vouchers

Ext. W16

05.04.2011

Payment Vouchers

Ext. W17

18.04.2011

Payment Vouchers

Ext. W18

25.04.2011

Payment Vouchers

Ext. W19

02.05.2011

Payment Vouchers

Ext. W20

23.05.2011

Payment Vouchers

Ext. W21

06.06.2011

Payment Vouchers

Ext. W22

27.06.2011

Payment Vouchers

Ext. W23

04.07.2011

Payment Vouchers

Ext. W24

19.07.2011

Payment Vouchers

3872

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

Ext. W25

25.07.2011

Payment Vouchers

Ext. W26

13.08.2011

Payment Vouchers

Ext. W27

29.08.2011

Payment Vouchers

Ext. W28

22.08.2011

Payment Vouchers

Ext. W29

29.08.2011

Payment Vouchers

Ext. W30

12.09.2011

Payment Vouchers

Ext. W31

17.09.2011

Payment Vouchers

Ext. W32

26.09.2011

Payment Vouchers

Ext. W33

03.10.2011

Payment Vouchers

Ext. W34

10.10.2011

Payment Vouchers

Ext. W35

15.10.2011

Payment Vouchers

Ext. W36

24.10.2011

Payment Vouchers

Ext. W37

05.11.2011

Payment Vouchers

Ext. W38

14.11.2011

Payment Vouchers

Ext. W39

21.11.2011

Payment Vouchers

Ext. W40

28.11.2011

Payment Vouchers

Ext. W41

26.12.2011

Payment Vouchers

Ext. W42

31.12.2011

Payment Vouchers

Ext. W43

09.01.2012

Payment Vouchers

Ext. W44

18.01.2012

Payment Vouchers

Ext. W45

23.01.2012

Payment Vouchers

Ext. W46

30.01.2012

Payment Vouchers

Ext. W47

27.02.2012

Payment Vouchers

Ext. W48

05.03.2012

Payment Vouchers

Ext. W49

26.03.2012

Payment Vouchers

Ext. W50

03.04.2012

Payment Vouchers

Ext. W51

09.04.2012

Payment Vouchers

Ext. W52

23.04.2012

Payment Vouchers

Ext. W53

05.07.2012

Payment Vouchers

Ext. W54

14.05.2012

Payment Vouchers

Ext. W55

21.05.2012

Payment Vouchers

Ext. W56

28.05.2012

Payment Vouchers

Ext. W57

05.06.2012

Payment Vouchers

Ext. W58

19.06.2012

Payment Vouchers

Ext. W59

28.06.2012

Payment Vouchers

Ext. W60

02.07.2012

Payment Vouchers

Ext. W61

09.07.2012

Payment Vouchers

Ext. W62

16.07.2012

Payment Vouchers

Ext. W63

23.07.2012

Payment Vouchers

Ext. W64

30.07.2012

Payment Vouchers

Ext. W65

06.08.2012

Payment Vouchers

Ext. W66

13.08.2012

Payment Vouchers

Ext. W67

18.08.2012

Payment Vouchers

Ext. W68

27.08.2012

Payment Vouchers

Ext. W69

04.09.2012

Payment Vouchers

Ext. W70

08.09.2012

Payment Vouchers

Ext. W71

17.09.2012

Payment Vouchers

Ext. W72

24.09.2012

Payment Vouchers

Ext. W73

03.10.2012

Payment Vouchers

Ext. W74

12.10.2012

Payment Vouchers

Ext. W75

15.10.2012

Payment Vouchers

Ext. W76

26.10.2012

Payment Vouchers

Ext. W77

07.11.2012

Payment Vouchers

Ext. W78

12.11.2012

Payment Vouchers

Ext. W79

19.11.2012

Payment Vouchers

Ext. W80

27.11.2012

Payment Vouchers

Ext. W81

03.12.2012

Payment Vouchers

Ext. W82

08.12.2012

Payment Vouchers

Ext. W83

18.12.2012

Payment Vouchers

Ext. W84

22.12.2012

Payment Vouchers

Ext. W85

03.01.2013

Payment Vouchers

Ext. W86

09.01.2013

Payment Vouchers

Ext. W87

12.01.2013

Payment Vouchers

Ext. W88

24.01.2013

Payment Vouchers

Ext. W89

30.01.2013

Payment Vouchers

Ext. W90

09.02.2013

Payment Vouchers

Ext. W91

11.02.2013

Payment Vouchers

Ext. W92

16.02.2013

Payment Vouchers

Ext. W93

27.02.2013

Payment Vouchers

Ext. W94

06.03.2013

Payment Vouchers

Ext. W95

19.03.2013

Payment Vouchers

Ext. W96

30.03.2013

Payment Vouchers

Ext. W97

15.04.2013

Payment Vouchers

Ext. W98

22.04.2013

Payment Vouchers

Ext. W99

02.05.2013

Payment Vouchers

Ext. W100

08.05.2013

Payment Vouchers

Ext. W101

27.05.2013

Payment Vouchers

Ext. W102

10.06.2013

Payment Vouchers

Ext. W103

08.07.2013

Payment Vouchers

Ext. W104

15.07.2013

Payment Vouchers

Ext. W105

29.07.2013

Payment Vouchers

Ext. W106

05.08.2013

Payment Vouchers

Ext. W107

14.08.2013

Payment Vouchers

Ext. W108

03.09.2013

Payment Vouchers

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3873

On the side of the Management

Ex. No.

Date

Description

Ext. M1

18.01.2011

Hon'ble Supreme Court Order

dated 18.01.2011 in the matter

of LIC of India and Anr Vs. D.V.

Anil Kumar & Etc. Min. Civil

Appeal No. 953-968 of 2005

Ext. M2

16.07.2014

Judgment of Hon'ble High

Court of Kerala in WA No.

2362/2009 in OP No. 39055/2002

in the matter of LIC of India Vs.

Ushakumar & Others

Ext. M3

—

Sec. 48 (1 & 2) of the Life

Insurance Corporation of India

Act, 1956.

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New Delhi, the 15th September, 2015

S.O. 1861.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (Ref. No. 86/2014) of the Central

Government Industrial Tribunal/Labour Court, Chennai now

as shown in the Annexure in the Industrial Dispute between

the employers in relation to the management of M/s LIC of

India and their workman, which was received by the Central

Government on 08/09/2015.

[No. L-17025/4/2015-IR (M)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Thursday, the 27th August, 2015

Present:

K.P. PRASANNA KUMARI,

Presiding Officer

Industrial Dispute No. 86/2014

(In the matter of the dispute for adjudication under Sub-

section 2A of Section-10 of the Industrial Disputes Act,

1947 (as amended by Act-24 of 2010 w.e.f. 15.09.2010)

between the Management of LIC of India and their

workman)

BETWEEN

Sri. T. Kalaiarasan

: 1st Party/Petitioner

AND

1. The Zonal Manager

: 2nd Party/Respondent

Life Insurance

Corporation of India

LIC Building, Anna Salai

Chennai-600002

2. The Branch Manager

: 2nd Party/2nd Respondent

Life Insurance

Corporation of India

City Branch Office No. 10,

Anna Salai

Chennai-600002

3. The Divisional Manager : 2nd Party/3rd Respondent

(Divisional Office-II)

Life Insurance

Corporation of India

C-47, Anna Plaza,

Avenue-II

Anna Nagar

Chennai-600040

Appearance:

For the 1st Party/Petitioner :

M/s Balan Haridas,

Advocates

For the 2nd Party/1st, 2nd : Sri C.K. Chandrasekkar,

& 3rd Management

Advocate

AWARD

This is an Industrial Dispute taken for adjudication on

the file under Sub-Section 2A of Section-10 of the Industrial

Disputes Act, 1947 (as amended by Act 24 of 2010 w.e.f.

15.09.2010).

2. The averments in the Claim Statement filed by the

petitioner in brief are these:

The petitioner has passed SSLC. The Respondents

had engaged the service of the petitioner to do the

work of Office Assistant/Peon. He had been filing

papers, cleaning the office and doing all sundry work

entrusted to him in the Office of the Second

Respondent. He had joined the office in January 2006

and had been continuously working. He was paid

wages @ Rs. 90/- per day and thereafter it was revised

periodically. From September, 2012 he was paid

3874

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

@ Rs. 360/- per day. The petitioner had worked with

the Second Respondent upto 21.04.2010 and

thereafter he was deputed to the Third Respondent.

The petitioner was paid by raising voucher under

the head "Upkeep and Cleaning Material", though

he was paid in cash weekly. This was done only to

circumvent the law. The petitioner had worked for

more than 480 days continuously during the period

of 24 calendar months. So the petitioner is entitled to

be made permanent under Section-3 of the Tamil Nadu

Industrial Establishment (Conferment of Permanent

Status to Workman) Act, 1981. The work discharged

by the petitioner is perennial in nature. He had worked

for more than 240 days continuously during the

period of 12 calendar months. He had been

terminated orally on 31.08.2013. The petitioner was

not issued any notice, notice pay or compensation

before termination. Termination of the service of the

petitioner would amount to retrenchment. In the

absence of compliance with Section-25F of the ID

Act the termination is void abinitio. The Respondent

now cannot say that the appointment of the petitioner

was not in terms of the LIC of India (Employment of

Temporary Staff) Instructions. Anyhow the

employment of the petitioner is protected by the

provisions of ID Act and the same will override the

so-called instructions. An order may be passed

holding that the termination of the service of the

petitioner by the Respondent is illegal and

consequently direct the Respondent to reinstate the

petitioner with full back wages, continuity and all

other attendant benefits.

3. The Respondents have filed Counter Statement

contending as below:

The claim of the petitioner is not maintainable either

on facts or on law. The petitioner was not engaged

as Peon by the Respondents. He was engaged as

Coolie to do certain petty works in the office. He was

paid coolie on various dates from 15.03.2008 to

14.08.2009 and again from 22.04.2010 to 31.08.2013.

The charges were paid for cleaning, dusting and

upkeep works of the branch office depending upon

the necessity. It is not correct to state that the

employment was continuous and regular. The

engagement of the petitioner was on need basis only

and he was paid for the same. It is denied that the

petitioner worked against the post for 480 days in 24

calendar months to claim permanency. Casual

engagement of need based works cannot confer

permanency. Any appointment in the Respondent

Corporation can only be through a regular process

of selection and appointment against regular posts.

The termination of the petitioner was effected

pursuant to the order of Apex Court wherein a scheme

was framed and approved and those not fitting the

scope of the scheme were directed to be relieved. So

the claim of the petitioner is liable to be rejected. The

petitioner is not entitled to invoke Section-25F of the

ID act as the action of the Respondents is in

conformity with law. In compliance of the order of

the Supreme Court dated 18.01.2011 applications were

invited from eligible temporary Class-IV employees

working in LIC of India for more than 5 years as on

18.01.2011 and who had possessed minimum eligible

qualification. As per the order of the Supreme Court

those who have been engaged on need basis would

cease to be in employment in compliance of the

scheme. The petitioner was not eligible to apply as

per the scheme of the Supreme Court. So he has no

right to claim reinstatement or absorption. The

question of reinstatement can arise only when regular

employment has taken place as per LIC of India

(Employment to Temporary Staff) Instructions. The

provisions of the ID Act are not applicable to the

petitioners with reference to matters covered by

Section-48(2C) of the LIC Act. The petitioner is not

entitled to any relief.

4. The petitioner has filed rejoinder denying the

allegations in the Counter Statement and also reiterating

his case in the Counter Statement.

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

WW1 and MWs 1 and 2 and also documents marked as

Ext. W1 to Ext. W116 and Ext. M1 to Ext. M3.

6. The points for consideration are:

(i) Whether termination of the petitioner by the

Respondents from service is legal and justified?

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

is entitled?

The points

7. The petitioner is seeking is set aside the termination

of his service by the Respondents and to direct them to

reinstate him in service with backwages, contnuity of

service and other benefits.

8. The petitioner has claimed that he was engaged by

the Respondents as Office assistant/Peon and he was doing

the work of filing papers, cleaning the office and other

sundry works entrusted to him. According to him, initially

when he joined the Office of the Second Respondent in

January 2006 he was paid wages @ Rs. 90/- per day. It used

to be revised periodically. He had worked in the Office of

the Second Respondent till 21.04.2010 and thereafter he

was deputed to the Office of the Third Respondent. From

September, 2010 he was paid wages @ Rs. 360/- per day

and payment was made on weekly basis. According to him,

voucher was raised under the head "Upkeep and Cleaning

Material" to circumvent law though payment was made

weekly. The petitioner has claimed that having worked for

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3875

more than 480 days continuously within a period of 24

months the is entitled to be made permanent under Section-

3 of the Tamil Nadu Industrial Establishment (Conferment

of Permanent Status to Workmen) Act. He has also claimed

that his termination is in violation of Section-25F of the

Industrial Disputes Act.

9. The Respondent has admitted in the Counter Statement

that the petitioner was engaged on various dates from

15.03.2008 to 14.08.2009 and again from 22.04.2010 to

31.08.2013. However, according to the Respondents the

engagement was only to do certain petty works like cleaning,

dusting and upkeep works. It is denied by the Respondents

that the petitioner had ever worked as Peon or Office

Assistant.

10. The petitioner has filed Proof Affidavit and also

marked Ext. W1 to Ext. W116 to substantiate his case. Ext.

W1 to Ext. W116 are payment vouchers showing payment

to the petitioner. Though these are of the period from

03.01.2011 to 03.09.2013, it is clear from the Counter

Statement of the Respondents that he had been working

even prior to 03.01.2011. The claim of the Respondents is

that the engagement of the petitioner was only need basis.

However, the vouchers would reveal that the engagement

was almost continuous. Payment is seen made weekly by

raising vouchers. It could also be deciphered from the

vouchers that amount payable for a day was fixed. There is

also the evidence given by the petitioner that he was

working continuously. It could be seen from the vouchers

that the petitioner had worked for more than 240 days during

the 12 months preceding the date on which he has last

worked. As could be seen the engagement of the petitioner

was continuous in nature.

11. What is the nature of work done by the petitioner?

According to the Respondents they were only doing works

such as cleaning, dusting and other upkeep works. This is

what is stated by MWs 1 and 2 in their Proof Affidavits

also. However, during their cross-examination MW1 has

stated that except for issuing forms the petitioner was doing

all the work that were usually done by the Sub-Staff MW1

has also stated that the petitioner was paid daily wages on

weekly basis. Ext. W1 to Ext.W112 also would show that

almost on all occasions the petitioner was paid once in a

week calculated on wage fixed per day. From this also it

could be seen that the petitioner was working continuously

with the Respondents for the period claimed. However,

there is no case for the petitioner that he was working on

a sanctioned post. He was not claimed also that he was

working on temporary basis but only as a casual worker.

In fact in the Claim Statement the demand of the petitioner

is only for reinstatement and not for any regularization

except of the claim of permanency under Section-3 of

the Tamil Nadu Act. So, it is clear that the petitioner was

working on daily wages and not on any sanctioned post.

12. Before dealing with the others contentions of the

petitioner the case tht he entitled for permanency under

Section-3 of the Tamil Nadu Act can be considered. Section-

3(1) of the Act states that notwithstanding anything

contained in any law in force every workman who is

continuous service for a period of 480 days in a period of

24 calendar months in an industrial establishment shall be

made permanent. The condition for treating a workman to

be a in continuous services is given in the next sub-section

of Section-3. On going through Ext.W1 to Ext.W112 there

could be no doubt that the petitioner must have been in

service for a period of 480 days within a period of 24

calendar months in the Office of the Second Respondent.

13. The counsel for the petitioner has been seeking

support from the decisions of the High Court of Madras to

fortify his contention. He has referred to the decision in

Elayaperumal vs. State Bank of India (Writ Appeal No. 1372

of 2006 decided on 08.01.2007) The Hon'ble High Court has

held in this case that the provisions of the Permanent Status

Act will apply to Banks including nationalized banks.

another decision referred to by the counsel for the

petitioner is Hindustan Petroleum Corporation Ltd. vs.

Presiding Officer, CGIT, Chennai reported in 2008 4 CTC

819 where it was held that the act is applicable to Hindustan

Petroleum Corporation Ltd. another decision relied upon is

Lakshmi vs. The Chief Engineer, TNEB reported in 2012

3 LLN 681 wherein it was held that the concerned worker

would have been entitled to the benefit of conferment of

permanent status under TNEB. It is pointed out by the

counsel for the Respondent that the second decision

referred to has been taken to the Apex Court and has been

compromised. In that last decision referred to Tamil Nadu

Electricity Board being a party, the Permanent Status Act

very well apply to the same. The operation of the other

decision referred to has been stayed by the Apex Court

and the matter is still pending. According to the counsel

for the petitioner even if stay has been granted the dictum

laid down by the High Court can be applied to the present

case. I am not able to accept this argument of the counsel.

When operation of the decision is stayed. It could not be

acted upon and there is no question of the principle laid

down in the decision being applied. So the contention of

the petitioner that he is entitled to the benefit of Section-

3 of the Permanent Status Act of the Tamil Nadu could

not be accepted.

14. It is not disputed by the Respondents that the

petitioner will be a workman as defined in Section-2(K)

of the ID Act but for inapplicability of the Act itself. It is

also admitted on behalf of the Respondent that the

termination of the petitioner was done wihtout complying

with Section-25F of the ID Act. So there is no necessity

to refer to various decisions relied upon on behalf of the

petitioner in this respect. The counsel for the Respondents

has not disputed the legal position that the termination in

violation of Section-25F of the Act will be void abinitio.

3876

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

15. The contention on behalf of the Respondents that

the termination of the petitioner was in lieu of the decision

of the Apex Court wherein the scheme framed was approved

by the Apex Court and those who did not get selected as

per the scheme ceased to be in service. The order of the

Apex Court relied upon by the Respondents has been

produced and marked as Ext.-M1. One of the appellants in

the several civil appeals decided by Ext.M1 order is the LIC

of India and the Respondents are those who were working

in the Corporation and has claimed reinstatement for

permanency. While this case was pending, the Corporation

had framed a scheme as below:

One time limited examination for those temporary

persons who are working in LIC of India for more

than 5 years and who had possessed minimum

eligible qualification and age as prescribed at the

relevant tike for their entry into the LIC of India

could be considered. For this prupose LIC of India

would who a limited written examination which will

be in the vernacular language with a limited syllabus

which would be announced in advance.

Such of those temproary employees who do not

apply and / or not successful shall cease to be in

employment. It is cleared that those temporary

persons who are not governed under these

submissions shall also cease to be in employment.

The scheme having been acceptable to the other side

the appeals were disposed by the Apex Court with

the direction that the Respondents shall absorb

employees in terms of the scheme.

16. The case of the Respondents is that application

was called for from the temporary workers, a written

examination was conducted and those who were found

eligible were given permanent appointment in the

Corporation. Those other persons who did not fit in the

scheme were teruned out of service on 31.08.2013.

According to the Respondents the petitioner who was not

eligible to apply for the test and had not made any

application had ceased to be in employment consequent

to the scheme approved by the Apex Court. It is the case

of the Respondents that the petitioner who had ceased to

be an employee of the Corporation is now not entitled to

claim reinstatement.

17. The counsel for the petitioner has been mainly

relying upon the decision of the Apex Court in Tamil Nadu

terminated full time temporary LIC Employees

Association vs. LIC of India and others in Civil Appeal

No. 6951/2009 and other appeals in this respect. In this

the Apex Court has found that the temporary employees

are entitled to reinstatement and permanency. In the above

decision the Apex Court had found that even though the

Corporation had entered into a compromise with some

of the workers it will not affect the right of the workmen

concerned to claim relief under the earlier national awards

existing since those awards were not set aside even after

the compromise. It has been observed that in any case the

compromise wil not affect the rights of the parties to claim

statutory benefits under the Industrial Disputes Act.

18. The counsel for the Respondents has pointed out

that Civil Appeal Nos. 6951/2009 and connected appeals

were de-tagged by the Apex Court while considering Ext.M1

cases since the issues involved in those cases were

different from the cases considered in Ext.M1 order. On

going through Ext.M1 it could seen that such a

representation was made and it accordingly those appeals

were de-tagged. The workmen involved in the above

appeals were discharging work of pernnial nature against

permanent posts. It could be seen from the decision that

there was an earlier award applicale to the parties and a

compromise was entered into by the Corporation with some

of the Unions while a case was pending. In Civil Appeal

Nos. 6951/2009 and other cases it has been held that the

direction given to the Corporation as per the Award

regarding other workmen who were parties to the case and

had not entered into a compromise has not been substituted

by the terms and conditions of the compromise. It is pointed

out by the counsel for the Respondents that it is in this

background the decision has been rendered.

19. The counsel for the Respondents has referred to

two earlier decisions of the Apex Court that has held that

the provisions of the ID Act is not applicable to the workers

of the Corporation. Reference was made to the decision in

M. Venugopal vs. The Divisional Manager, LIC of India

reported in 1994 2 SCC 323. In this the Apex Court has

considered Sub-Section 2(C) of Section-48 which has been

incorporated in LIC Act by amendment, and other

provisions. Section-48 of the Act provides that the Central

Government may make rules to carry out of the purposes

of the Act. The rules may provide for terms and conditions

of the service of the employees. As per Clause (cc) the

regulations and other provisions in force immediately

before the commencement of the Amendment Act with

respect to the terms and conditions of the service of the

employees shall be deemed to be the rules made under

Clause (cc) as per Clause-2(A). Clause-2C of the same

section states that the provisions of Clause (cc) and Sub-

Section 2B and any rules made there under shall have

effect notwithstanding any judgment, decree or order of

the any Court, Tribunal or other authority and

notwithstanding anything contained in the Industrial

Disputes Act or any other law, agreement, settlement,

award or other instrument. Referring to these provisions

it was held in Venugopal's case referred to above that the

wisdom of the legislature in extending the protection of

the provisions of Industrial Disputes Act or denying the

same cannot be judged by the Courts unless any such step

is held to be violative of any of the provisions of the

Constitution. After the amendment introduced in Section-

48 the employees of the Corporation shall not be entitled

[Hkkx II—[k.M 3(ii)]

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3877

to protection to which they were entitled before coming

into force of the amendment, though till then it was upto

them to impose the rights or remedies in terms of the

regulation so framed under the Corporation Act or in

accordance with the provisions of the Industrial Disputes

Act, it has been held. The counsel for the Respondents

has also referred to the decision A.V. NACHANE VS.

UNION OF INDIA reported in AIR 1982 SC 1126 in this

respect. In the above case it has been held that Section-

48 (2C) read with Section-48 (2cc) authorized the Central

Government to make rules to carry out the purpose of the

Act notwithstanding the Industrial Disputes Act or any

other law, which meant that in respect of the matters

covered by the rules, the provisions of the Industrial

Disputes Act or any other law will not be operative. The

grievance raised in the case that excluding the employees

of the Corporation from the purview of Industrial Disputes

Act amounted to discrimination against them and as such

the provisions of the amending act were violative of

Article-14 of the Constitution were also rejected by the

Apex Court. The counsel has also referred to the decision

of the Apex Court in LIC OF INDIA VS. ASHA

RAMCHAND AMBEDKAR reported in 1994 2 SCC 718

where it was held that the instructions issued by the

Chairman of the Corporation exercising his powers under

the regulations framed under the Act were statutory in

character and they have the force of law. Based on the

decision of the Apex Court after acceptance of the scheme

the Corporation had issued several instructions on the

basis of which the petitioner and such others had ceased

to be in employment. It has been argued that the

instructions are not statutory in character though the

regulations are. It was in this context the above decision

was relied upon. Thus the three bench decision of the

Apex court in the case earlier referred to had held that

Industrial Disputes Act will not apply to those employees

coming under the LIC Act and its rules and regulations.

The recent decision of the Apex Court in favour of the

temporary employees of the Corporation were rendered in

the context already referred to. Those employees were

fighting their case even while the cases under Ext.M1 were

pending and those were treated separately and decided

separately in the background referred to above. So the

decision in the above case could not be applied to the

facts of the present case. The other decisions referred to

by the counsel for the petitioner are all those in which the

provisions of the ID Act are applicable and need not to

referred to.

20. I have already stated that there is no case for the

Respondents that any notice, notice pay or compensation

were given as required under Section-25F of the ID Act

when the petitioner was terminated. The counsel for the

Respondents has pointed out that in the absence of

application of Industrial Disputes Act there is no necessity

to comply with Section-25F of the Act also. He has referred

to the decision of the High Court of Kerala in LIC OF INDIA

VS. USHA KUMARI AND OTHERS in Writ Appeal 2362/

2009 in this respect. The High Court has rerferred to the

decisions of the Apex Court wherein the provisions of the

Industrial Disputes Act were found inapplicable to the

employees of the Life Insurance Corporation and has held

that the provisions contained in Section-48(2C) of the LIC

Act would override the Industrial Disputes Act and so

termination of the employees cannot amount to

retrenchment as provided under Section-2(oo) of the

Industrial Disputes Act attracting Section-25-F of the Act.

It was a natural consequence, the Apex Court having found

that Industrial Disputes Act is not applicable to those

coming under the Life Insurance Corporation Act. This

being so, the petitioner would not be entitled even to the

benefit under Section-25F of the Act. The termination of

the petitioner was the consequence of the order of the

Apex Court accepting the scheme for providing employment

to eligible workmen who were working as temporary

employees of the Corporation. Those who did not fit in

with the scope had to meet the consequence. The petitioner

had not completed 5 years as daily wager in the Corporation

as contemplated in the scheme and he was not eligible to

apply for the written examination. It is accordingly he

happened to be eliminated and ceased to be in employment.

So the petitioner will not be entitled to any relief.

In view of my discussion above the reference is

answered against the petitioner. An award is passed

accordingly.

K.P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner

: WW1, Sri T.

Kalaiarasan

For the 2nd Party/

: MW1, Sri E.

Management

Sathyanarayanan

MW2, Sri S. Shrinivas

Purushan

Documents Marked:

On the Petitioner's side

Ex.No.

Date

Description

Ext.W1

03.01.2011

Payment Vouchers

Ext.W2

14.01.2011

Payment Vouchers

Ext.W3

24.01.2011

Payment Vouchers

Ext.W4

31.01.2011

Payment Vouchers

Ext.W5

05.02.2011

Payment Vouchers

Ext.W6

14.02.2011

Payment Vouchers

Ext.W7

28.02.2011

Payment Vouchers

Ext.W8

19.02.2011

Payment Vouchers

3878

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

Ext.W9

07.03.2011

Payment Vouchers

Ext.W10

12.03.2011

Payment Vouchers

Ext.W11

21.03.2011

Payment Vouchers

Ext.W12

28.03.2011

Payment Vouchers

Ext.W13

02.04.2011

Payment Vouchers

Ext.W14

15.04.2011

Payment Vouchers

Ext.W15

18.04.2011

Payment Vouchers

Ext.W16

25.04.2011

Payment Vouchers

Ext.W17

30.04.2011

Payment Vouchers

Ext.W18

23.05.2011

Payment Vouchers

Ext.W19

27.06.2011

Payment Vouchers

Ext.W20

02.07.2011

Payment Vouchers

Ext.W21

11.07.2011

Payment Vouchers

Ext.W22

11.07.2011

Payment Vouchers

Ext.W23

18.07.2011

Payment Vouchers

Ext.W24

25.07.2011

Payment Vouchers

Ext.W25

29.07.2011

Payment Vouchers

Ext.W26

13.08.2011

Payment Vouchers

Ext.W27

22.08.2011

Payment Vouchers

Ext.W28

29.08.2011

Payment Vouchers

Ext.W29

12.09.2011

Payment Vouchers

Ext.W30

18.09.2011

Payment Vouchers

Ext.W31

26.09.2011

Payment Vouchers

Ext.W32

03.10.2011

Payment Vouchers

Ext.W33

10.10.2011

Payment Vouchers

Ext.W34

15.10.2011

Payment Vouchers

Ext.W35

24.10.2011

Payment Vouchers

Ext.W36

31.10.2011

Payment Vouchers

Ext.W37

05.11.2011

Payment Vouchers

Ext.W38

14.11.2011

Payment Vouchers

Ext.W39

21.11.2011

Payment Vouchers

Ext.W40

24.12.2011

Payment Vouchers

Ext.W41

26.11.2011

Payment Vouchers

Ext.W42

04.01.2012

Payment Vouchers

Ext.W43

23.01.2012

Payment Vouchers

Ext.W44

30.01.2012

Payment Vouchers

Ext.W45

18.02.2012

Payment Vouchers

Ext.W46

27.02.2012

Payment Vouchers

Ext.W47

05.03.2012

Payment Vouchers

Ext.W48

26.03.2012

Payment Vouchers

Ext.W49

02.04.2012

Payment Vouchers

Ext.W50

10.04.2012

Payment Vouchers

Ext.W51

16.04.2012

Payment Vouchers

Ext.W52

23.04.2012

Payment Vouchers

Ext.W53

05.07.2012

Payment Vouchers

Ext.W54

14.05.2012

Payment Vouchers

Ext.W55

21.05.2012

Payment Vouchers

Ext.W56

28.05.2012

Payment Vouchers

Ext.W57

04.06.2012

Payment Vouchers

Ext.W58

18.06.2012

Payment Vouchers

Ext.W59

25.06.2012

Payment Vouchers

Ext.W60

02.07.2012

Payment Vouchers

Ext.W61

09.07.2012

Payment Vouchers

Ext.W62

16.07.2012

Payment Vouchers

Ext.W63

21.07.2012

Payment Vouchers

Ext.W64

28.07.2012

Payment Vouchers

Ext.W65

04.08.2012

Payment Vouchers

Ext.W66

13.08.2012

Payment Vouchers

Ext.W67

18.08.2012

Payment Vouchers

Ext.W68

27.08.2012

Payment Vouchers

Ext.W69

01.09.2012

Payment Vouchers

Ext.W70

08.09.2012

Payment Vouchers

Ext.W71

15.09.2012

Payment Vouchers

Ext.W72

22.09.2012

Payment Vouchers

Ext.W73

01.10.2012

Payment Vouchers

Ext.W74

08.10.2012

Payment Vouchers

Ext.W75

15.10.2012

Payment Vouchers

Ext.W76

22.10.2012

Payment Vouchers

Ext.W77

29.01.2012

Payment Vouchers

Ext.W78

03.11.2012

Payment Vouchers

Ext.W79

12.11.2012

Payment Vouchers

Ext.W80

19.11.2012

Payment Vouchers

Ext.W81

26.11.2012

Payment Vouchers

Ext.W82

01.12.2012

Payment Vouchers

Ext.W83

10.12.2012

Payment Vouchers

Ext.W84

26.12.2012

Payment Vouchers

Ext.W85

07.01.2013

Payment Vouchers

Ext.W86

12.01.2013

Payment Vouchers

Ext.W87

24.01.2013

Payment Vouchers

Ext.W88

02.02.2013

Payment Vouchers

Ext.W89

11.02.2013

Payment Vouchers

Ext.W90

16.02.2013

Payment Vouchers

Ext.W91

25.02.2013

Payment Vouchers

Ext.W92

02.03.2013

Payment Vouchers

Ext.W93

11.03.2013

Payment Vouchers

Ext.W94

16.03.2013

Payment Vouchers

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3879

Ext.W95

23.03.2013

Payment Vouchers

Ext.W96

30.03.2013

Payment Vouchers

Ext.W97

06.04.2013

Payment Vouchers

Ext.W98

15.04.2013

Payment Vouchers

Ext.W99

20.04.2013

Payment Vouchers

Ext.W100

29.04.2013

Payment Vouchers

Ext.W101

04.05.2013

Payment Vouchers

Ext.W102

13.05.2013

Payment Vouchers

Ext.W103

20.05.2013

Payment Vouchers

Ext.W104

03.06.2013

Payment Vouchers

Ext.W105

08.06.2013

Payment Vouchers

Ext.W106

17.06.2013

Payment Vouchers

Ext.W107

25.06.2013

Payment Vouchers

Ext.W108

15.07.2013

Payment Vouchers

Ext.W109

29.07.2013

Payment Vouchers

Ext.W110

05.08.2013

Payment Vouchers

Ext.W111

12.08.2013

Payment Vouchers

Ext.W112

03.09.2013

Payment Vouchers

Ext.W113

-

Application for appointment to

the post of Peon

Ext.W114

April 2004

Payment Vouchers

Ext.W115

30.06.2004

Payment Vouchers

Ext.W116

02.06.2011

Payment Vouchers

On the Management's side

Ex. No.

Date

Description

Ext.M1

18.01.2011

Hon'ble Supreme Court Order

dated 18.01.2011 in the matter

of LIC of India and Anr. Vs. D.V.

Anil Kumar & Etc. Min. Civil

Appeal No. 953-968 of 2005

Ext.M2

16.07.2014

Judgment of Hon'ble High

Court of Kerala in WA No. 2362/

2009 in OP 39055/2002 in the

matter of LIC of India Vs.

Ushakumar & Others

Ext.M3

-

Sec. 48(1&2) of the Life

Insurance Corporation Act,

1956

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New Delhi, the 15th September, 2015

S.O. 1862.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (Ref. No. 81/2014) of the Central

Govt. Industrial Tribunal/Labour Court, Chennai now as

shown in the Annexure, in the Industrial Dispute between

the employers in relation to the management of M/s LIC of

India and their workman, which was received by the Central

Government on 08.09. 2015.

[No. L-17025/3/2015-IR(M)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-

LABOUR COURT, CHENNAI

Thursday, the 27th August, 2015

Present : K.P. PRASANNA KUMARI,

Presiding Officer

Industrial Dispute No. 81/2014

(In the matter of the dispute for adjudication under Sub-

section 2A of Section-10 of the Industrial Disputes Act,

1947 (as amended by Act-24 of 2010 w.e.f. 15.09.2010)

between the Management of LIC of India and their

workman)

BETWEEN

Shri M. Selva Sathish

: 1st Party/Petitioner

AND

1. The Zonal Manager

: 2nd Party/1st Respondent

Life Insurance,

Corporation of India

LIC Building, Anna Salai

Chennai-600 002.

2. The Senior Branch

: 2nd Party/2nd Respondent

Manager Divisional

Office-I Life Insurance

Corporation of India

No. 25, Whites Road,

Mamatha Complex

1st Floor, Royapettah

Chennai-600 014.

3880

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

Appearance:

For the 1st Party/Petitioner : M/s. Balan Haridas,

Advocates

For the 2nd Party/1st &

: Sri C.K. Chandrasekkar,

2nd Management

Advocates

AWARD

This is an Industrial Dispute taken for adjudication on

the file under Sub-section 2A of Section-10 of the Industrial

Disputes Act, 1947 (as amended by Act-24 of 2010 w.e.f.

15.09.2010).

2. The averments in the Claim Statement filed by the

petitioner in brief are as below:

The petitioner, a Graduate was engaged by the Second

Respondent to do the work of Office Assistance/Peon. He

had been doing the work of filing papers, cleaning the

officer and all sundry work entrusted to him in the Office of

the Second Respondent. He initially joined the office of

the Second Respondent on 20.02.2007 and had been

continuously working. The initial payment was @ Rs. 90/-

per day. Later it was revised as Rs. 360/- Per day and the

same was paid on weekly basis . The payment was made

by raising voucher under the head "Upkeep and Cleaning

Material". The petitioner was not given wages for weekly

off or other holidays. The petitioner and worked for more

than 480 days continuously during the period of 24 calendar

months. So the petitioner is entitled to be made permanent

under Section-3 of the Tamil Nadu Industrial Establishment

(Conferment of Permanent Status of Workman) Act, 1981.

The work discharged by the petitioner is perennial in nature.

He had worked for more than 240 days continuously during

the period of 12 calendar months. He had been terminated

orally on 31.08.2013. The petitioner was not issued any

notice, notice pay or compensation before termination.

Termination of the services of the petitioner would amount

to retrenchment. In the absence of compliance with Section-

25F of the ID Act the termination is void abinitio. The

Respondent now cannot say that the appointment of the

petitioner was not in terms of the LIC of India (Employment

of Temporary Staff) Instructions. Any how the employment

of the petitioner is protected by the provisions of ID Act

and the same will override the so-called instructions. An

order may be passed holding that the termination of the

service of the petitioner by the Respondent is illegal and

consequently direct the Respondent to reinstate the

petitioner with full backwages, continuity and all other

attendant benefits.

3. The Respondents have filed Counter Statement

contending as below:

The claim of the petitioner is not maintainable either on

facts or on law. The petitioner was not engaged as Peon by

the Respondents. He was engaged as Coolie to do certain

petty works in the office. He was paid coolie on various

dates from 20.02.2007 to 30.04.2010. The charges were paid

for cleaning, dusting and upkeep works of the branch office

depending upon the necessity. It is not correct to state

that the employment was continuous and regular. The

engagement of the petitioner was on need basis only and

was paid for the same. It is denied that the petitioner worked

against the post for 480 days in 24 calendar months to

claim permanency. Casual engagement of need based works

cannot confer permanency. Any appointment in the

Respondent Corporation can only be through a regular

process of selection and appointment against regular posts.

The termination of the petitioner was effected pursuant to

the order of Apex Court wherein a scheme was framed and

approved and those not fitting the scope of the scheme

were directed to be relieved. So the claim of the petitioner

is liable to be rejected. The petitioner is not entitled to

invoke Section-25F of the ID Act as the action of the

Respondents is in conformity with law. In compliance of

the order of the Supreme Court dated 18.01.2011

applications were invited from eligible temporary Class-IV

employees working in LIC of India for more than 5 years as

on 18.01.2011 and who had possessed minimum eligible

qualification. As per the order of the Supreme Court those

who have been engaged on need bases would cease to be

in employment in compliance of the scheme. The petitioner

was not eligible to apply as per the scheme of the Supreme

Court. So he has no right to claim reinstatment or

absorption. The question of reinstatement can arise only

when regular employment has taken place as per LIC of

India (Employment of Temporary Staff) Instructions. The

provisions of the ID Act are not applicable to the petitioners

with reference to matters covered by Section-48(2C) of the

LIC Act. The petitioner is not entitled to any relief.

4. The petitioner has filed rejoinder denying the

allegations in the Counter Statement and also reiterating

his case in the Counter Statement.

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

WW1 and MWs 1 and 2 and also documents marked as

Ext. W1 and Ext. W2 and Ext. M1 to Ext. M3.

6. The points for consideration are:

(i) Whether the termination of the petitioner by the

Respondents from its services is legal and

justified?

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

entitled?

The Points

7. The petitioner has claimed that he has joined the

Office of the Second Respondent as Office Assistant/Peon

on 20.2.2007 and had been continuously working in this

position until 31.08.2013 on which date he was orally

terminated. According to him, he was doing the work of

filing of papers, cleaning of office and other sundry works

in the Office of the Second Respondent. He was being paid

[Hkkx II—[k.M 3(ii)]

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3881

at daily wage rates though payment was made weekly.

According to the petitioner he is entitled to permanency

under Section-3 of the Industrial Establishment (Permanent

Status to Workman) Act, he having worked for more than

480 days continuously within a period of 24 calendar

months. It is further contended by the petitioner that his

termination on 31.08.2013 amounts to retrenchment but he

has not been issued any notice or paid any notice pay or

compensation as required under Section-25F of the

Industrial Disputes Act.

8. In the Counter Statement the Respondent has not

disputed the case of the petitioner that he was working

with the Second Respondent. However, accordingly to the

Respondents the petitioner was not engaged as Peon but

was engaged only as Coolie to do certain petty works in

the office of the Second Respondent. He was being paid

for cleaning, dusting and unkeep works depending upon

necessary it is stated by the Respondents. According to

the Respondents, the employment was never continuous

or regular. The job involved was only of menial nature. It

was only on need basis the petitioner was put to work.

The Respondents have denied the case that the petitioner

had worked for more than 480 days in 24 calendar months

to claim permanency. It is stated that in any case the

petitioner is not entitled to claim permanency under the

Tamil Nadu Act, the Industrial Establishment (Conferment

of Payment Status to Workman) Act.

9. Before dealing with other aspects of the case it could

be seen whether the case of the petitioner that he is

entitled to permanency under the Tamil Nadu Act has no

basis. Though it is claimed by the petitioner that he had

worked for more than 480 days within a period of 24

calendar months the evidence available is not sufficient

to accept this contention. The petitioner has produced the

Wage Payment Register for the period from 24.02.2007

marked as Ext. W1 and Budget Control Register from the

same period marked as Ext. W2. However, it could not be

made out from these documents whether the petitioner

had worked for more than 240 days within a period of 24

months as required to seek permanency under Section-3

of the Tamil Nadu Act. The argument that is advanced on

behalf of the petitioner is that the petitioner has entered

the witness box and has given evidence to the effect that

he has been working continuously from 2007 until he was

terminated from service and he had produced the available

documents also and so the burden has shifted upon the

Respondents to prove otherwise.

10.The contention based on Section-3 of the Tamil

Nadu Act can be dealt with even without considering the

above contention that the burden has shifted on the

Respondents. The counsel for the petitioner has been

relying upon certain decisions in support of his

contention. He has referred to WA No. 1372 to 1375 of

2006 in which State Bank of India is the Respondent,

Hindustan Petroleum Corporation Ltd. and Another vs. The

Presiding Officer, CGIT, Chennai reported in 2008 4 CTC

819 and also Lakshmi vs. The Chief Engineer, TNEB reported

in 2012 3 LLN 681 of the High Court of Madras in support

of his argument. In these cases, it has been held that the

workers are entitled to permanency under Section-3 of the

Tamil Nadu Act. However, it has been informed by both

sides that the question is now pending before the Apex

Court and the operation of the order of the High Court of

Madras had been stayed. The counsel for the petitioner

has argued that in spite of the stay the principle laid down

by the High Court can be accepted to give the verdict in

favour of the petitioner. This will not be possible since the

matter has been stayed which mean the operation of the

order is put under arrest. So the principle laid down cannot

be used to give an order in favour of the petitioner.

11.The next contention that is raised on behalf of the

petitioner is that termination has been without any notice,

notice pay and compensation and the petitioner is entitled

to be reinstated in service on account of the very fact

that the termination is void ab initio because of non-

compliance with Section-25F of the ID Act. The contention

that has been raised on behalf of the Respondents is that

the provisions of the ID Act are not applicable to the

petitioner since the LIC of India is governed by the Life

Insurance Corporation Act and Section-48(2C) of the Act

have excluded the applicability of the Industrial Disputes

Act to the establishment. Even assuming that the

Industrial Disputes is applicable the present case can be

disposed without referring to the other aspects of the

case.

12. As stated, the case of the petitioner is that he was

terminated without complying with Section-25F of the ID

Act. Section-25F states that a workman employed in any

industry who had been in service for not less than one

year under an employer shall not be retrenched by that

employer until the workman has been given 1 month's

notice in writing indicating the reasons for retrenchment

and the period of notice has expired or the workman has

been paid in lieu of such notice, wages for period of notice

and the workman has been paid at the time of retrenchment

compensation which shall be equivalent to 15 days

average pay for every completed year of continuous

service or any part thereof in excess of six months. Section-

25B defines the term "Continuous Service". It states that

a workman shall be said to be in continuous service for a

period if he is for that period in uninterrupted service.

The second clause of Section-25B states that if the

workman is not in continuous service within the meaning

of the earlier clause he shall be deemed to be in continuous

service under an employer (a) for a period of 1 year if the

workman during the period of 12 calendar months

preceding the date with reference to which calculation is

to be made has actually worked under the employer for

not less than 190 days if he empolyed below ground in a

mine and 240 days in any other case and (b) for a period

3882

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

of six months, if the workman during the period of six

calendar months preceding the date with reference to

which calculation is to be made has actually worked under

the employer for not less than 95 days if he was employed

below ground in a mine and 120 days in any other case.

Thus, it could be seen from the definition that only if the

concerned workman had been in continuous service

preceding the date with reference to which calculation is

to be made he would be entitled to the benefit of Section-

25F of the Act.

13. The case of the petitioner is that he was turned out

from service orally on 31.08.2013 and it amounts to

retrenchment. To make the service of the petitioner

continuous for not less than one year he should have been

in service for more than 240 days in the 12 months

immediately before he was terminated on 31.08.2013 to

claim the benefit of Section-25F.

14. On scanning the available evidence it could be

seen that the petitioner was not in continuous service

for one year with the Respondent preceding the date of

termination. I have already referred to Ext. W1 and Ext.

W2, regarding payment of wages for the petitioner and

others. These documents are not disputed by the

Respondents. Before referring to these documents it is

to be kept in mind that though the petitioner has claimed

that he was in service until 31.08.2013 the date of

termination, the case that is put forth by the Respondents

in the Counter Statement is that he was engaged only till

30.04.2010. Ext. W1 shows payments of wages to one

Sathish from 24.02.2007 though the number of days

worked are not available in this document. However, it

could be deciphered from Page-9 onwards of the

document that the petitioner had not been working with

the Respondents at least after 29.05.2012. Page-9

onwards of the document shows the rejoining date of

the workers as 01.10.2012 and also the payments made

to the different workers from 06.10.2012. The details

of the payment made till 31.08.2013 are available in this

document. However, the name of the petitioner does not

figure in this. So the contention on behalf of the

petitioner that it is for the Respondents to produce the

required documents also will not hold good. The

documents produced by the petitioner itself is sufficient

to show that he was not in continuous services of the

Respondents preceding the alleged date of termination.

So there is no question of the petitioner having been

retrenched in violation of Section-25F of the ID Act as

claimed. For this reason itself the petitioner will not be

entitled to any relief under Section-25F nor

reinstatement as claimed.

In view of my above discussion the reference is

answered against the petitioner. An award is passed

accordingly.

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner : WW1, Sri M. Selva Sathish

For the 2nd Party/1st & 2nd : MW1, Sri E.

Management

Sathyanarayanan

MW2, Sri Shrinivas Purushan

On the side of the Petitioner

Ex.No.

Date

Description

Ext.W1

—

Wage Payment Register period

from 24.02.2007 to 31.08.2013

Ext. W2

—

Budget Control Register of the

Respondent from February 2007

onwards to August, 2010

On the side of Respondent

Ex.No.

Date

Description

Ext.M1

18.01.2011

Hon'ble Supreme Court Order

dated 18.01.2011 in the matter of

LIC of India and Another Vs. D.V.

Anil Kumar and Etc. min Civil

Appeal No. 953-968 of 2005

Ext.M2

16.07.2014 Judgement of Hon'ble High

Court of Kerala in WA No. 2362/

2009 in OP 39055/2002 in the

matter of LIC of India Vs.

Ushakumar and Others.

Ext.M3

—

Section 48 (1 & 2) of the Life

Insurance Corporation Act,

1956.

ubZ fnYyh] 15 flrEcj] 2015

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dk 14½ dh èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj esllZ bU'kksjsUl

dkWjiksjs'ku vkWQ bafM;k ds izcaèra= ds lac) fu;kstdksa vkSj muds

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

ljdkj vkS|ksfxd vfèdj.k ,oa Je U;k;ky;] psUubZ ds iapkV ¼lanHkZ

la[;k 125@2014½ dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks

08&09&2015 dks izkIr gqvk FkkA

[lañ ,y&17012@129@2014&vkbZvkj ¼,e½]

uohu diwj] voj lfpo

New Delhi, the 15th September, 2015

S.O. 1863.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (Ref. No. 125/2014) of the

Central Government Industrial Tribunal/Labour Court,

Chennai now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of M/s Life Insurance Corporation of India

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3883

and their workman, which was received by the Central

Government on 08-09-2015.

[No. L-17012/129/2014-IR(M)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Tuesday, the 23rd December, 2014

Present : K.P. PRASANNA KUMARI

Presiding Officer

Industrial Dispute No. 125/2014

[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 Life Insurance Corporation

of India and their workman]

BETWEEN

Sri M. Selva Sathish

: 1st Party/Petitioner

AND

The Zonal Manager

: 2nd Party/Respondent

LIC of India, Chennai Division-I

102, Anna Salai

Chennai-600002

Appearance:

For the 1st Party/Petitioner

: None

For the 2nd Party/Respondent : None

AWARD

The Central Government, Ministry of Labour &

Employment vide its Order No. L-17012/29/2014-IR (M)

dated 05.12.2014 referred the following Industrial

Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is:

"Whether the action of the management of Life

Insurance Corporation of India in terminating the

services of Sri M. Selva Sathish w.e.f. 31.08.2013 is

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

concerned is entitled to?"

2. The petitioner herein has filed ID 81/2014 before

this Tribunal directly challenging the order of termination

against him. The petitioner does not want to proceed with

this reference in view of this. He has endorsed stating

that he is not proceeding with the reference because of

the pendency of the other case. Therefore the reference

is closed.

An award is passed accordingly.

K.P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner : None

For the 2nd Party/

: None

Management

Documents marked:

On the petitioner's side

Ex.No.

Date

Description

N/A

On the Management's side

Ex.No.

Date

Description

N/A

ubZ fnYyh] 15 flrEcj] 2015

dk-vk- 1864-—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947

dk 14½ dh èkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj eSllZ lsUVªy

os;jgkmflax dkiksZjs'ku ds izcaèra= ds lac) fu;kstdksa vkSj muds

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

ljdkj vkS|ksfxd vfèdj.k ,oa Je U;k;ky;] tcyiqj ds iapkV

¼lanHkZ la[;k 12@2008½ dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks

08&09&2015 dks izkIr gqvk FkkA

[lañ ,y&42011@4@2007&vkbZvkj ¼,e½]

uohu diwj] voj lfpo

New Delhi, the 15 the September, 2015

S.O. 1864.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 12/2008) of the

Central Government Industrial Tribunal/Labour Court,

Jabalpur now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of M/s. Central Warehousing Corporation and

their workman, which was received by the Cental

Government on 08.09.2015.

[No. L-42011/4/2007-IR(M))]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/12/08

The President,

CWC Workers Union,

C/o Central Warehousing Corporation,

Regional Office, 70, Arera Hills,

Bhopal

....Workman/Union

Versus

3884

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

Regional Manager,

Central Warehousing Corporation,

Regional Office, 75,

Arera Hills, Opp. Central Shcool-I,

Bhopal.

...Management

AWARD

Passed on this 15th day of July 2015

1. As per letter dated 7-2-08 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-42011/4/2007-IR(M).

The dispute under reference relates to:

"Whether the action of the management of CWC Bhopal

in transferring Shri K.L. Chourasia, Sr. Supdt. (General

Secretary of CWC Workers Union) from CWC, Raipur

to CWC, Balaghat vide office order to CWC/RO- BPL/I-

Transfer Estt. 12203 dated 21-3-2005 is justified? If not,

to what relief the workman is entitled?"

2. After receiving reference, notices were issued to the

parties. Ist party workman submitted statement of claim

through Union. Case of workman is that he is working as

junior Supdt. In Central Ware Housing Corporation, Raipur.

He was also holding additional charge of Ware House Raipur

from 21-8-03. After taking over charge by workman, the

profit of ware housing increased in 2005-06 to Rs. 18,78,441,

in 2006-07- Rs. 14,92,904/-in 2007-08 Rs. 25,92, 612, in 2008-

09 — Rs. 31, 93, 229/- and in 2009-10 Rs. 11,95,239/-. Ist

party further submits that for his good performance, he

was granted certificate of appreciation by Asstt. General

Manager, Accounts Division, District Manager of State

Civil Supplies Corporation, Raipur That on 16-10-93,

workman refused to accept poor quality and underweight

bags of M/s Satyam Rice Industries, its properietor Pradeep

Agarwal abused, manhandled and misbehaved with the

workman. On 16-10-03, workman complained to the

authorities including Regional Manager, CWC, Bhopal but

action was not taken on his complaint. The order of his

transfer was passed on 21.3.05 by mangement. It is reiterated

that the order of transfer is malafide, arbitrary. The order of

his transfer is issued with oblique motive. The action of

the management is high handed and in colourable exercise

of powers. That workman is still continuing to work at

Raipur. His representation submitted immediately after order

of his transfer was not considered. On such ground,

workman prays to set aside order of his transfer dated 21-

3-05.

3. 2nd party filed Written Statement opposing claim of

the workman. 2nd party submits that it is constituted under

Central Warehousing Corporation (Staff) Regulation 1986.

The services of its employees are covered by Staff

Regulations 1986. That workman was working as Joint

Superintendent in Central Ware House, Raipur. He was

transferred from Raipur to Balaghat vide order dated 21-3-

05. Workman was working at Raipur from 1987 for almost

20 years at one station. He was granted promotions to the

post of Ware House assistant Grade II, Grade I and Joint

Superintentent. The condition No. IV of his appointment

order provides for transfer to any part of India. The

transport facility by Rail and bus between Balaghat to

Raipur. The allegation of workman are denied.

4. Considering pleadings on record, the point which

arise for any 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

Parties have failed to

management of CWC

participate in reference,

Bhopal transferring

dispute could not be

Shri K.L.Chourasia,

decided on merit.

Sr. Supdt.(General

Secretary of CWC

Workers Union) from

CWC, Raipur to CWC,

Balaghat vide office order

No. CWC/RO-BPL/I-Transfer/

Estt. 12203 dated

21-3-2005 is justified?

(ii) If not, what relief the

Workman is not entitled

workman is

to any relief.

entitled to?"

REASONS

5. Workman is challenging order of his transfer dated

21-3-05. Workman was transferred from Raipur to Balaghat.

Claim of the workman is opposed by management.

Workman failed to adduce any evidence in support of his

claim. Management also not adduced any evidence. Parties

failed to participate in reference proceeding therefore matter

could not be decided on evidence of parties. Accordingly

I record my finding in Point No. 1.

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

(1) The parties failed to participate in reference

proceedings, as such dispute could not be

decided on merit.

(2) Workman is not entitled to any relief.

R.B. PATLE, Presding Officer

ubZ fnYyh] 15 flrEcj] 2015

dk-vk- 1865-—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947 dk

14½ dh èkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj eSllZ pSUubZ isVªksfy;e

dkjiksjs'ku fyfeVsM ds izcaèra= ds lac) fu;kstdksa vkSj muds deZdkjksa

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

vkS|ksfxd vfèdj.k ,oa Je U;k;ky;] pSUubZ ds iapkV ¼lanHkZ la[;k

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3885

87@2015½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks

08-09-2015 dks izkIr gqvk FkkA

[la- ,y&30011@07@2015&vkbZ vkj ¼,e½]

uohu diwj] voj lfpo

New Delhi, the 15th September, 2015

S.O. 1865—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No.87/2015) of the

Cent.Govt.Indus. Tribunal-cum-Labour Court, Chennai

now as shown in the Annexure, in the Industrial Dispute

between the employers in relation to the management of

M/s Chennai Petroleum Corporation Ltd. and their

workman, which was received by the Central Government

on 80.09.2015.

[No L-30011/7/2015-IR(M)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

CHENNAI

Monday, the 3rd August, 2015

Present: K.P. PRASANNA KUMARI

Presiding Officer

Industrial Dispute No. 87/2015

(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 Chennai Petroleum Corporation Ltd. and

their workman.

BETWEEN

The General Secretary

: 1st Party/Petioner Union

Chennai Petroleum

Employees' Union

CPCL Campus, Manali

Chennai-600068

AND

The General Manager

: 2nd Party/Respondent

Chennai Petroleum

Corporation Ltd.

Manali

Chehhai-600068

Appearance:

For the 1st Party/Petioner Union : Absent

For the 2nd Party/Respondent

: Ms.K.Premalatha,

Authorized

Representative

AWARD

The Central Government, Ministry of Labour &

Employment vide its Order No L-30011/7/2015-IR(M)

04.06.2015 referred the following Industrial Dispute to this

Tribunal for adjudication.

The Schedule mentioned in that order is:

"Whether the action of the Management of CPCL,

Manali, Chennai in respect of sudden reduction of

manpower and unilateral decision is justified or not? If

not, to what relief the workman is entitled to?

2. On the receipt of the Industrial Dispute this Tribunal

has numbered it as ID 87/2015 and issued notices to both

sides. The Respondent has entered appearance through

Authorized Representative.

3. Even though the petitioner has received notice, he

did not enter appearance. In spite of that, the case has

been reposted to today for filling claim statement. However,

the petitioner failed to appear on this day also.

4. The petitioner seems to be not interested in pursuing

the matter. In the absence of any material a decision on

merits is not possible. The reference is to be answered

against the petitioner, in the circumstances.

The reference is answered against the petitioner. An

award is passed accordingly.

K.P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined

For the 1st Party/petitioner

: None

For the 2nd Party/1st & 2nd Management : None

Documents Marked:

On the petitioner's side & Management's side

Ex.No.

Date

Description

Nil

ubZ fnYyh] 15 flrEcj] 2015

dkñvkñ 1866-—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947 dk

14½ dh èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj esllZ tkSgj lsD;wfjfVt

ds izcaèra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqcaè

esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèdj.k

,oa Je U;k;ky;] psUubZ ds iapkV ¼lanHkZ la[;k 38@2014½ dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 08@09@2015 dks izkIr gqvk FkkA

[lañ ,y&30012@70@2013&vkbZvkj ¼,e½]

uohu diwj] voj lfpo

New Delhi, the 15th September, 2015

S.O. 1866.—In pursuance of Section 17 of the Industrial

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

Governement hereby publishes the award (Ref. No. 38/

2014) of the Central Government Industrial Tribunal/Labour

Court, Chennai now as shown in the Annexure in the

3886

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

Industrial Dispute between the employers in relation to the

management of M/s. Johar Securities and their workman,

which was received by the Central Government

on 08.09.2015.

[No. L-30012/70/2013-IR (M)]

NAVEEN KAPOOR, Under Secy.

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. 38/2014

(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 Johar Securities and their

workman.)

BETWEEN

Sri M. Panneerselvam

: 1st Party/Petitioner

(International Human

Rights Organization,

Near Jothi Vidyalay

School, Karuppur Post

Omalur District

Salem-636012

AND

1. M/s Johar Securities

: 2nd Party/1st Respondent

434, Jonapur, Mehrauli

Mandir Road

Lakshman Farm House

New Delhi-110047

2. Sri Venkatraman

: 2nd Party/2nd Respondent

Ex-Army Sub B-Off

Door No. 5/69, Butt

Road, Butt Lane

St. Thomas Mount

Chennai-600 016

3. Ex-Army, Maharaju

: 2nd Party/3rd Respondent

Security Supervisor

Indian Oil Corporation

Narayanppanchavadi

R.S. Post, Sangagiri Taluk,

Salem Distt.

Salem

4. Sri S. Kumar

: 2nd Party/4th Respondent

Sr. Depot Manager

Indian Oil Corporation

Narayanappanchavadi

R.S. Post, Sangagiri Taluk

Salem District

Appearance:

For the 1st Party/Petitioner

: M/s. J. Saravanakumar

For the 2nd Party/1st Respondent : Set Ex-parte

For the 2nd Party/2nd Respondent : Sri G. Thangavel,

Advocate

For the 2nd Party/3rd Respondent : Sri G. Thangavel,

Advocate

For the 2nd Party/4th Respondent : Set Ex-parte

AWARD

The Central Government, Ministry of Labour &

Employment vide its Order No. L-30012/70/2013-IR (M)

dated 01.04.2014 referred the following Industrial

Dispute to this Tribunal for adjudication.

The Schedule mentioned in that order is:

"Whether the action of the management of Johar

Securities regarding termination of services of the

petitioner M. Paneerselvam w.e.f. 24.06.2012 is

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

entitled to?"

2. On receipt of the Industrial Dispute this Tribunal

has numbered it as ID 38/2014 and issued notice to both

sides. The petitioner and Respondents 2 and 3 have entered

appearance through counsel on receipt of notice. The

petitioner has filed Claim Statement. The 1st and 4th

Respondents remained ex-parte. The Second Respondent

alone has filed Counter Statement.

3. The averments in the Claim Statement filed by the

petitioner in brief are these:

The petitioner is a retired Army staff. In the year 2001

he has joined as Security in a LPG Gas Bottling Plant at

Karuppur, Salem District. The petitioner accepted the

proposal of the 1st Respondent and had agreed to work

through them. From the year 2003 till the date of his

retrenchment by the respondents on 24.06.2012 the

petitioner had been working as Security Staff at Indian

Oil Corporation (IOC) in Sankari Taluk. The work allotted

to him was to check the lorries and tankers that enter the

IOC premises and to intimate the same to the concerned

employee deployed to facilitate the loading of oil. On

23.06.2012 the 3rd Respondent intimated the petitioner

not to come for work from the next day. He informed that

he had acted as per the instructions of the 4th Respondent

and Administrative officers of the 1st Respondent. The

petitioner had sent representations to different Officers

of IOC to check the abuse of power by illegal

retrenchment. The officers did not take any action. The

petitioner had been removed from service without any

reason. The dispute is raised accordingly. The petitioner

is entitled to be reinstated in service. The Respondent

shall be directed to reinstate the petitioner in service with

back wages from the date of retrenchment. They shall also

be directed to pay a sum of Rs. 2,00,000/- to the petitioner

as compensation for illegal retrenchment.

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3887

4. The 2nd Respondent has filed Counter Statement

contending as below:

The petitioner intends to have the relief of reinstatement

from the 1st Respondent. The 1st Respondent performs

security of Sankari Terminal of IOC Ltd. from 01.04.2010 to

31.05.2014. The 1st Respondent establishment does not

exist as on 31.05.2015. Sardar Singh who had been

representing the 1st Respondent is not alive. The petitioner

had been working elsewhere from 24.06.2012. This fact is

suppressed by him. As the 1st Respondent establishment

is not functioning now the petitioner is not entitled to any

relief from the 1st Respondent.

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

WW1 and documents marked as Ext.W1 to Ext.W18.

6. The points for consideration are:

(i) Whether the action of the 1st Respondent in

terminating the service of the petitioner is

justified?

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

entitled?

The Points

7. The petitioner, a retired Army staff had been working

as Security at LPG Gas Bottling Plant of the IOC at Karuppur,

Salem District through the 1st Respondent. According to

the petitioner, he was retrenched from service from

24.06.2012 illegally without any justification. He is claiming

the relief of reinstatement against the Respondents.

8. Though the petitioner had made Respondents 3 and

4, Officers of the IOC and also the 2nd Respondent whose

status and position in the whole affairs is not clear as

parties, it is very much clear that the relief is claimed only

against 1st Respondent who had engaged him as Security

for the bottling plant at IOC. The 1st Respondent itself did

not come forward and defend the case. Only the 2nd

Respondent has filed a Counter Statement. Though the

Second Respondent is defending the 1st Respondent, the

role of the 2nd Respondent itself in the case is not made

clear even in the Counter Statement.

9. The petitioner has filed affidavit in lieu of examination

and has been cross-examined on behalf of the 2nd

Respondent. In the affidavit the petitioner has reiterated

his case that he had been working as security for the IOC

through the 1st Respondent. Ext. W1, the document

showing ESI contribution would show that the petitioner

was employed by the 1st Respondent. Ext. W6 the Identity

Card issued by the IOC Ltd. also shows that the petitoner

was working at Sankari Depot of the Corporation and he

was engaged through the 1st Respondent whose name is

given as Contractor in the Identity Card. The only

contesting Respondent, the 2nd Respondent has not

disputed the case that the petitioner had been working

through the 1st Respondent. So it is very much clear that

the 1st Respondent had engaged the petitioner and he has

been working as Security for the LPG bottling plant of IOC.

10. The only contesting Respondent did not adduce

any evidence either oral or documentary. In any case the

only contention raised by the 2nd Respondent is that the

person who was representing the 1st Respondent is not

alive and that the Contractor of the 1st Respondent with

IOC subsisted till 31.05.2014 only. Even regarding the period

of contract there is no evidence. So the case of the petitioner

that he was employed by the1st Respondent and was

terminated illegally and is entitled to be reinstated is to be

accepted.

11. Accordingly an award is passed as below:

The First Respondent is directed to reinstate the

petitioner in service within a month of the publication of

the award with 50% back wages and other attendant

benefits.

The reference is answered accordingly.

K.P. RASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner

: WW1, Sri M.

Paneerselvam

For the 2nd Party/1st Respondent : None

For the 2nd Party/2nd Respondent : None

For the 2nd Party/3rd Respondent : None

For the 2nd Party/4th Respondent : None

Documents Marked:

On the petitioner's side

Ex.No.

Date

Description

Ex.W1

-

EPF Contribution for the year

2010-2011 and 2011-2012.

Ex.W2

30.6.2012

Representation to the Director,

IOC New Delhi.

Ex.W3

30.6.2012

Representation to the Executive

Director, IOC Chennai.

Ex.W4

30.6.2012

Representation to the Manager

(Vigilance),

Vigilance

Department, IOC, Chennai.

Ex.W5

04.07.2012 Acknowledgement Cards

Ex.W6

—

Identification Card

Ex.W7

14.11.2012 Petition filed before Assistant

Labour Commissioner (Central),

Channai.

3888

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

Ex.W8

18.03.2013

Reply letter from 1st Respondent.

Ex.W9

10.04.2013

Notice from Assistant Labour

Commissioner (Central), Chennai.

Ex.W10

18.04.2013

Reply by 4th Respondent.

Ex.W11

19.04.2013

Representation of Claimant.

Ex.W12

02.05.2013

Representation of Claimant.

Ex.W13

—

Reply by 3rd Respondent.

Ex.W14

16.05.2013

Notice of Assistant Commissioner

(Central), Chennai.

Ex.W15

29.05.2013

Reply of Claimant.

Ex.W16

01.06.2013

Statement of S. Sankaranarayanan

Ex. W17

05.12.2013

Reply of Failure of Conciliation.

Ex. W18

01.04.2014

Order of reference of Hon'ble

Tribunal.

On the Management's side

Ex.No.

Date

Description

Nil

ubZ fnYyh] 15 flrEcj] 2015

dkñvkñ 1867-—vkSn~;ksfxd fookn vfèfu;e] 1947 ¼1947

dk 14½ dh èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj esllZ fo'kky

VsfLVax lfoZlst ds izcaèra= ds lac) fu;kstdksa vkSj muds deZdkjksa

ds chp vuqcaè esa fufnZ"V vkSn~;ksfxd fookn esa dsUnzh; ljdkj

vkSn~;ksfxd vfèdj.k ,oa Je U;k;ky;] psUubZ ds iapkV ¼lanHkZ la[;k

112@2015½ dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 08-09-2015 dks

izkIr gqvk FkkA

[lañ ,y&30011@22@2015&vkbZ vkj ¼,e½]

uohu diwj] voj lfpo

New Delhi, the 15th September, 2015

S.O. 1867.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (Ref. No. 112/2015) of the

Central Government Industrial Tribunal/Labour Court,

Chennai now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of M/s. Vishal Testing Services and their

workman, which was received by the Central Government

on 08.09.2015.

[No. L-30011/22/2015-IR (M)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

CHENNAI

Wednesday, the 26th August, 2015

Present:

K.P. Prasanna Kumari,

Presiding Officer

Industrial Dispute No. 112/2015

(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 M/s. Vishal Testing Services, Chennai

and their workman)

Between

Sri R. Arumugam

1st Party/Petitioner Union

General Secretary, HMS Union

Libe Plant, Indian Oil Co. Tondiarpet

Chennai-600081

And

The Proprietor

2nd Party/Respondent

M/s Vishal Testing & Service,

Engineers Consultant &

Contractors, 1/623, PGN Apartments

Muttukadu Road, Kottivakkam

Chennai-600041

Appearance:

For the 1st Party/Petitioner

:

Absent

For the 2nd Party/Management :

Absent

AWARD

The Central Government, Ministry of Labour &

Employment, vide its Order No. L-30011/22/2015-IR (M)

dated 14.07.2015 referred the following Industrial Dispute

to this Tribunal for adjudication.

The Schedule mentioned in that order is:

"Whether the action of the managemnt of M/s. Vishal

Testing Services, Chennai regarding the details of

absenteeism and the amount deducted for the days

of absenteeism from the bonus amount given to the

workers is justified or not? If not, to what relief the

workman are entitled?"

2. On receipt of the Industrial Dispute this Tribunal

has numbered it as ID 112/2015 and issued notices to

both sides.

3. Initially when notice was issued to the petitioner, he

has refused to claim the notice. When the matter had come

up for hearing on 04.08.2015, the petitioner had not

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3889

appeared on this date also. The Respondent also was

absent, thoutgh served.

5. In spite of refusal by the petitioner to claim the notice,

notice has been sent to him again. This time the petitioner

has received the notice. In spite of that he had not entered

appearance on this second hearing date also. The petitioner

seems to be not interested in proceeding with the case. So

the matter is only to be disposed in the absence of the

petitioner.

In the circumstances mentioned above, the reference is

answered againt the petitioner. An award is passed

accordingly.

K.P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined

For the 1st Party/Petitioner Union

:

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] 15 flrEcj] 2015

dkñvkñ 1868-—vkSn~;ksfxd fookn vfèfu;e] 1947 ¼1947

dk 14½ dh èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj esllZ ykbZQ

ba';ksjsUl dkiksZjs'ku vkWQ bafM;k ds izcaèra= ds lac) fu;kstdksa vkSj

muds deZdkjksa ds chp vuqcaè esa fufnZ"V vkSn~;ksfxd fookn esa dsUnzh;

vkSn~;ksfxd vfèdj.k ,oa Je U;k;ky;] psUubZ ds iapkV ¼lanHkZ

la[;k 106@2014½ dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks

08@09@2015 dks izkIr gqvk FkkA

[la-,y&17012@122@2014&vkbZ vkj¼,e½]

uohu diwj] voj lfpo

New Delhi, the 15th September, 2015

S.O. 1868.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (Ref. No. 106/2014) of the

Central Government Industrial Tribunal/Labour Court,

Chennai now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of M/s LIC of India and their workman, which

was received by the Central Government on 08/09/2015.

[No. L-17012/122/2014-IR(M)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Thursday, the 27th August, 2015

PRESENT: K. P. PRASANNA KUMARI

Presiding Officer

Industrial Dispute No. 106/2014

(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 LIC of India and their

workman)

BETWEEN

Sri S. Jayaseelan

:1st Party/Ist Petitioner

AND

The Zonal Manager

LIC of India, Cheenai Division-1

102, Anna Salai

Chennai-600002

: 2nd Party/Respondent

Appearance:

For the 1st Party/Petitioner

M/s Balan Haridas,

Advocates

For the 2nd Party/Respondent

Shri C. K. Chandrasekkar,

Advocate

A W A R D

The Central Government, Ministry of Labour &

Employment vide its order No. L-17012/122/2014-IR(M)

dated 28.10.2014 referred the following Industrial Dispute

to the Tribunal for adjudication.

The schedule mentioned in that order is:

‘‘Whether the action of the management of Life

Insurance Corporation of India in terminating the

services of Sri S. Jayaseelan w.e.f. 31.08.2013 is

legal and justified? If not, the what relief the

workman concerned is entitled to?"

2. On receipt of the Industrial Dispute this Tribunal

has numbered it as ID 106/2014 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 reply

to the Counter Statement.

3. The petitioner has filed Claim Statement contending

as below.

The petitioner has passed 10th standard. The petitioner

was engaged in the Office of the Second Respondent as

3890

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

Office Assistant/Peon. He had joined in April 2011 and had

been continuosly working. He had been doing the work of

filing papers, cleaning the office and all sundry work

entrusted to him in the office of the Second Respondent.

Initially he was paid @ Rs. 160/- per day and this was

revised as Rs. 250/- and later as Rs. 360/- per day. He had

been working continuously in this manner. The petitioner

was paid wages every week in cash. However, voucher was

raised under the head ‘‘Upkeep and Cleaning Material".

This was done to circumvent law. The pettioner had worked

for more than 480 days contnuously during the period of

24 calendar months. So the petitioner is entitled to be

made permanent under Section-3 of the Tamil Nadu

Industrial Establishment (Conferment of Permanent

Status to Workman) Act, 1981. The work discharged by

the petitioner is perennial in nature. He had worked for

more than 240 days continuously during the period of 12

calendar months. He had been terminated orally on

31.08.2013. The petitioner was not issued any notice,

notice pay or compensation before termination.

Termination of the service of the petitioner would amount

to retrenchment. In the absence of compliance with

Sectoin-25F of the ID Act the termination is void abinitio.

The Respondent now cannot say that appointment of the

petitoner was not in terms of the LIC of India

(Employment of Temporary Staff) Instructions. Any how

the employment of the petitioner is protected by the

provision of ID Act and the same will override the so-

called instructions. An order may be passed holding that

termination of the service of the petitioner by the

Respondent is illegal and consequently direct the

Respondent to reinstate the petitioner with full backwages,

continuity and all other attendant benefits.

4. The Resondents have filed Counter Statement

contending as below:

The claim of the petitioner is not maintainable either on

facts or on on law. The petitioner was not engaged as Peon

by the Respondents. He was engaged as Coolie to do certain

petty works in the office. He was paid coolie charges on

various dates form November 2005 to February 2009, from

May 2009 to September 2009 and from November 2009 to

August 2013. The charges was paid for cleaning, dusting

and upkeep works of the branch office depending upon

the necessity. It is not correct to state that the employment

was continuous and regular. The engagement of the

petitioner was on need basis only and he was paid for the

same. It is denied that the petitioner worked against the

post for 480 days in 24 calendar months to claim

permanency. Casual engagement on need based works

cannot confer permanency. And appointment in the

Respondent Corporation can only be through a regular

process of selection and appointment against regular posts.

The termination of the petitioner was effected pursuant to

the order of Apex Court wherein a scheme was framed and

approved and those not fitting the scope of the scheme

were directed to be relieved. So the claim of the petitioner

is laible to be rejected. The petitioner is not entitled to

invoke Section-25F of the ID act as the action of the

Respondents is in conformity with law. In compliance of

the order of the Supreme Court dated 18.01.2011

applications were invited from eligible temporary Class-IV

employees working in LIC of India for more than 5 years as

on 18.01.2011 and who had possessed minimum eligible

qualification. As per the order of the Supreme Court those

who have been engaged on need basis would cease to be

in employment in compliance of the scheme. The petitioner

was not eligible to apply as per the scheme of the Supreme

Court. So he has no right to claim reinstatement or

absorption. The question of reinstate can arise only when

regular employment has taken place as per LIC of India

(Employment of Temporary Staff) Instructions. The

provision of the ID Act are not applicable to the petitioners

with reference to matter covered by Section-48(2C) of the

LIC Act. The petioner is not entitled to any relief.

5. The petitoner has filed rejoinder denying the

allegations in the Counter Statement and also reiterating

his case in the Counter Statement.

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

WW1 and MWs 1 and 2 and also documents marked as Ext

W1 to Ext. W344 and Ext. M1 to Ext. M3.

7. The points for consideration are

(i) Whether termination of the petitioner by the

Respondents from service is legal and justified?

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

entitled?

The Points

8. The petitioner is seeking to set aside termination of

his service by the the Respondents and to direct them to

reinstate him with backwages, continuity of service and

other benefits.

9. According to the petitioner he had joined in the

office of the Second Respondent as Officer Assistant/

Peon in April 2011 and had been continuously working in

the said office until 31.08.2013 on which date he was

orally terminated without any justification. According to

him he was initally paid wages @ Rs. 160/- per day. This

was revised to Rs. 250/- per day and again to Rs. 360/-

per day. He used to be paid on weekly basis. According to

him voucher was raised under the head’’ Upkeep and

Cleaning Material" only to circumvent the law. He was

terminated illegally, without any justification. He has

claimed that he had worked for more than 480 days

continuously within a period of 24 calendar months and

is entitled to be made permanent under Section -3 of the

Tamil Nadu Industrial Establishment (Conferment of

Permanent Status to Workmen) Act. He has also claimed

that his termination was in violation of Section-25F of

the Industrial Disputes Act.

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3891

10. The Respondents have admitted that the petitioner

was paid coolie charges on various dates form November

2005 to February 2009 and from May 2009 to September

2009 and from November 2009 to August 2013. However,

according to the Respondents, the engagement was not as

Peon or Officer Assistant. It was only to be certain petty

works like cleaning, dusting and upkeep works. The

Respondents have denied the case that the engagement

was continous and employment was regular. There was no

question of payment on Sunday and Hoilday as the

engagement was on daily wages bais only, it is stated.

11. The petitioner has filed affidavit in lieu of Chief

Examination and also produced Ext. W1 to Ext. W344 to

substantiate the case. The petitioner has stated in his proof

affidavit that his engagement was continuous. Ext. W1 to

Ext W343 are the payment vouchers which are not disputed.

These vouchers are of the period starting from 03.12.2011.

However, it could be seen from the admission of the

Respondents itself that the petitioner used to be engaged

even from the year 2005. On going through the payment

vouchers it could be seen that the petitioner used to be

paid weekly on daily wage basis. A perusal of the vouchers

would reveal that the engagement was without much of a

gap. Certainly, he had worked for more than 240 days

preceding the 12 months of the date on which he last

worked. Thus it could be seen that the engagement was of

a continuous nature.

12. What is the nature of work done by the petitioner?

According to the Respondents they were only doing works

such as cleaning, dusting and other upkeep works. This is

what is stated by MWs 1 and 2 in their Proof Affidavits

also. However, during their cross-examination MW1 has

stated that except for issuing forms the petitioner was doing

all the works that were usually done by the Sub-Staff. MW1

has also stated that the petitioner was paid daily wages on

weekly basis. Ext. W1 to Ext. W343 also would show that

almost on all occasions the petitioner was paid once in a

week calculated on wage fixed per day. From this also it

could be seen that the petitioner was working continuously

with the Respondents for the period claimed. However,

there is no case for the petitioner that he was working on

sanctioned post. He has not claimed also that he was

working on temporary basis but only as a casual worker.

In fact in the Claim Statement the demand of the petitioner

is only for reinstatement and not for any regularization

except for the claim of permanency under Section-3 of

the Tamil Nadu Act. So it is clear that the petitioner was

working on daily wages and not on sanctioned post.

13. Before dealing with the others contentions of the

petitioner the case that he is entitled for permanency under

Section-3 of the Tamil Nadu Act can be considered. Section-

3(1) of the Act states that notwithstanding anything

contained in any law in force every workman who is in

continuous service for a period of 480 days in a period of

24 calendar months in an industrial establishment shall be

made permanent. The condition for treating a workman to

be in continuous service is given in the next sub-section of

Section-3. On going through Ext. W1 to Ext. W343 there

could be no doubt that the petitioner must have been in

service for a period of 480 days within a period of 24

calendar months in the Office of the Second Respondent.

14. The counsel for the petitioner has been seeking

support from the decisions of the High Court of Madras to

fortify his contention. He has referred to the decision in

Elayaperumal VS. State Bank of India (Writ Appeal No.

1372 of 2006 decided on 08.01.2007). The Hon'ble High

Court has held in this case that the provisions of the

Permanent Status Act will apply to Banks including

nationalized banks. Another decision referred to by the

counsel for the petitioner is Hindustan Petroleum

Corporation Ltd. VS Presiding Officer, CGIT, Chennai

reported in 2008 4 CTC 819 where it was held that the Act is

applicable to Hindustan Petroleum Corporation Ltd.

Another decision relied upon is Lakshmi VS. The Chief

Engineer, TNEB reported in 2012 3LLN 681 wherein it was

held that the concerned worker would have been entitled

to the benefit of conferment of permanent status under

TNEB. It is pointed out by the counsel for the Respondents

that second decision referred to has been taken to the

Apex court and has been compromised. In the last decision

referred to Tamil Nadu Electricity Board being a party, the

Permanent Status Act very well applies to the same. The

operation of the other decision referred to has been stayed

by the Apex Court and the matter is still pending. According

to the counsel for the petitioner even if stay has been

granted the dictum laid down by the High Court can be

applied to the present case. I am not able to accept this

argument of the counsel. When operation of the decision

is stayed, it could not be acted upon and there is no question

of the principle laid down in the decision being applied. So

the contention of the petitioner that he is entitled to the

benefit of Section-3 of the Permanent Status Act of the

Tamil Nadu could not be accepted.

15. It is not disputed by the Respondents that the

petitioner will be a workman as defined in Section-2(k)

of the ID Act but for inapplicability of the Act itself. It is

also admitted on behalf of the Respondents that the

termination of the petitioner was done without complying

with Section-25F of the ID Act. so there is no necessity

to refer to various decisions relied upon on behalf of the

petitioner in this respect. The counsel for the Respondents

has not disputed the legal position that the termination in

violation of Section-25F of the Act will be void abinitio.

16. The contention on behalf of the Respondents that

the termination of the petitioner was in lieu of the decision

of the Apex Court wherein the scheme framed was approved

by the Apex Court and those who did not get selected as

3892

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

per the scheme ceased to be in service. The order of the

Apex Court relied upon by the Respondents has been

produced and marked as Ext. M1. One of the appellants in

the several civil appeals decided by Ext. M1 order is the

LIC of India and the Respondents are those who were

working in the Corporation and has claimed reinstatement

or permanency. While this case was pending, the

Corporation had framed a scheme as below:

One time limited examination for those temporary

persons who are working in LIC of India for more

than 5 years and who had possessed minimum eligible

qualification and age as prescribed at the relevant

time of their entry into the LIC of India would be

considered. For this purpose LIC of India would hold

a limited written examination which will be in the

vernacular language with a limited syllabus which

would be announced in advance.

Such of those temporary employees who do not apply

and/or not successful shall cease to be in

employment. It is cleared that those temporary

persons who are not governed under these

submissions shall also cease to be in employment.

.

.

.

.

.

.

The scheme having been acceptable to the other

side the appeals were disposed by the Apex Court

with the direction that the Respondents shall absorb

employees in terms of the scheme.

17. The case of the Respondents is that application was

called for from the temporary workers, a written examination

was conducted and those who were found eligible were

given permanent appointment in the Corporation. Those

other persons who did not fit in the scheme were turned

out of service on 31.08.2013. According to the Respondents

the petitioner who was not eligible to apply for the test and

had not made any application had ceased to be in

employment consequent to the scheme approved by the

Apex Court. It is the case of the Respondents that the

petitioner who had ceased to be an employee of the

Corporation is now not entitled to claim reinstatement.

18. The counsel for the petitioner has been mainly

relying upon the decision of the Apex Court in Tamil Nadu

Terminated Full Time Temporary LIC Employees

Association VS. LIC of India and Others in Civil Appeal

No. 6951/2009 and other appeals in this respect. In this

the Apex Court has found that the temporary employees

are entitled to reinstatement and permanency. In the above

decision the Apex Court had found that even though the

Corporation had entered into a compromise with some

of the workers it will not affect the right of the workmen

concerned to claim relief under the earlier national awards

existing since those awards were not set aside even after

the compromise. It has also been observed that in any case

the compromise will not affect the rights of the parties to

claim statutory benefits under the Industrial Disputes Act.

19. The counsel for the Respondents has pointed out

that Civil Appeal Nos. 6951/2009 and connected appeals

were de-tagged by the Apex Court while considering Ext.

M1 cases, since the issues involved in those cases were

different from the case considered in Ext. M1 order. On

going through Ext. M1 it could be seen that such a

representation was made and it is accordingly those appeals

were de-tagged. The workmen involved in the above

appeals were discharging work of perennial nature against

permanent posts. It could be seen from the decision that

there was an earlier award applicable to the parties and a

compromise was entered into the Corporation with some

of the Unions while a case was pending. In Civil Appeal

Nos. 6951/2009 and other cases it has been held that the

direction given to the Corporation as per the Award

regarding other workmen who were parties to the case and

had not entered into a compromise has not been substituted

by the terms and conditions of the compromise. It is pointed

out by the counsel for Respondents that it is this

background the decision has been rendered.

20. The counsel for the Respondents has referred to

two earlier decisions of the Apex Court that has held that

the provisions of the Act is not applicable to the workers

of the Corporation. Reference was made to the decision

in M. Venugopal VS. The Divisional Manager, LIC of India

reported in 1994 2 SCC 323. In this the Apex Court has

considered Sub-Section 2(C) of Section-48 which has

been incorporated in LIC Act by amendment, and other

provisions. Section-48 of the Act provides that the Central

Government may make rules to carry out the purpose of

the Act. The rules may provide for terms and conditions

of the service of the employees. As per Clause (cc) the

regulations and other provisions in force immediately

before the commencement of the Amendment Act with

respect to the terms and conditions of the service of the

employees shall be deemed to be the rules made under

Clause (cc) as per Clause-2(A). Clause-2C of the same

section states that the provisions of Clause (cc) and Sub-

Section 2B and any rules made there under shall have

effect notwithstanding any judgment, decree on order of

the any Court, Tribunal or other authority and

notwithstanding anything contained in the Industrial

Disputes Act or any other law, agreement, settlement,

award or other instrument. Referring to these provisions

it was held in Venugopal's case referred to above that the

wisdom of the legislature in extending the protection of

the provisions of Industrial Disputes Act or denying the

same cannot be judged by the Courts unless any such step

is held to be violative of any of the provisions of the

Constitution. After the amendment introduced in Section-

48 the employees of the Corporation shall not be entitled

to protection to which they were entitled before coming

into force of the amendment, though till then it was upto

them to impose the rights or remedies in terms of the

regulation so framed under the Corporation Act or in

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3893

accordance with the provisions of the Industrial Disputes

Act, it has been held. The counsel for the Respondents

has also referred to the decision A.V. Nachane VS. Union

of India reported in AIR 1982 SC 1126 in this respect. In the

above case it has been held that Section-48 (2C) read with

Section-48 (2cc) authorized the Central Government to make

rules to carry out the purpose of the Act notwithstanding

the Industrial Disputes Act or any other law, which meant

that in respect of the matters covered by the rules, the

provisions of the Industrial Disputes Act or any other law

will not be operative. The grievance raised in the case that

excluding the employees of the Corporation from the

purview of Industrial Disputes Act amounted to

discrimination against them and as such the provisions of

the amending act were violative of Article-14 of the

Constitution were also rejected by the Apex Court. The

counsel has also referred to the decision of the Apex court

in LIC of India VS. Asha Ramchand Ambedkar reported in

1994 2 SCC 718 where it was held that the instructions

issued by the Chairman of the Corporation exercising his

powers under the regulations framed under the Act were

statutory in character and they have the force of law. Based

on the decision of the Apex Court after acceptance of the

scheme the Corporation had issued several instructions

on the basis of which the petitioner and such others had

ceased to be in employment. It has been argued that the

instructions are not statutory in character though the

regulations are. It was in this context the above decision

was relied upon. Thus the three bench decision of the

Apex court in the case earlier referred to had held that

Industrial Disputes Act will not apply to those employees

coming under the LIC Act and its rules and regulations.

The recent decision of the Apex Court in favour of the

temporary employees of the Corporation were rendered in

the context already referred to. Those employees were

fighting their case even while the cases under Ext. M1 were

pending and those were treated separately and decided

separately in the background referred to above. So the

decision in the above case could not be applied to the

facts of the present case. The other decisions referred to

by the counsel for the petitioner are all those in which the

provisions of the ID Act are applicable and need not be

referred to.

21. I have already stated that there is no case for the

Respondents that any notice, notice pay or compensation

were given as required under Section-25F of the ID Act

when the petitioner was terminated. The counsel for the

Respondents has pointed out that in the absence of

application of Industrial Disputes Act there is no necessity

to comply with Section-25F of the Act also. He has referred

to the decision of the High Court of Kerala in LIC of India

VS Usha Kumari and Others in Writ Appeal 2362/2009 in

this respect. The High Court has referred to the decisions

of the Apex Court wherein the provisions of the Industrial

Disputes Act were found inapplicable to the employees of

the Life Insurance Corporation and has held that the

provisions contained in Section-48(2C) of the LIC Act

would override the Industrial Disputes Act and so

termination of the employees cannot amount to

retrenchment as provided under Section-2(oo) of the

Industrial Disputes Act attracting Section-25F of the Act.

It was a natural consequence, the Apex Court having found

that Industrial Disputes Act is not applicable to those

coming under the Life Insurance Corporation Act. This

being so, the petitioner would not be entitled even to the

benefit under Section-25F of the Act. The termination of

the petitioner was the consequence of the order of the

Apex Court accepting the scheme for providing employment

to eligible workmen who were working as temporary

employees of the Corporation. Those who did not fit in

with the scope had to meet the consequence. The petitioner

had not completed 5 years as daily wager in the Corporation

as contemplated in the scheme and he was not eligible to

apply for the written examination. It is accordingly he

happened to be eliminated and ceased to be in employment.

So the petitioner will not be entitled to any relief.

In view of my discussion above the reference is answered

against the petitioner. An award is passed accordingly.

K.P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner

WW1, Sri S. Jayaseelan

For the 2nd Party/Management MW1, Sri E. Sathyanara-

yanan

MW2, Sri S Shrinivas

Purushan

Documents Marked:

On the Petitioner's side

Ex.No.

Date

Description

Ext.W1

03.12.2011

Payment Vouchers

Ext.W2

03.12.2011

Payment Vouchers

Ext.W3

10.12.2011

Payment Vouchers

Ext.W4

10.12.2011

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Ext.W5

17.12.2011

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Ext.W6

17.12.2011

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Ext.W7

24.12.2011

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Ext.W8

24.12.2011

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Ext.W9

12.01.2012

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Ext.W10

12.01.2012

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Ext.W11

21.01.2012

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Ext.W12

21.01.2012

Payment Vouchers

3894

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

Ext.W13

28.01.2012

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Ext.W14

28.01.2012

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Ext.W15

04.02.2012

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Ext.W16

04.02.2012

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Ext.W17

11.02.2012

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Ext. W18

11.02.2012

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Ext.W19

25.02 2012

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25.02.2012

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Ext.W21

03.03.2012

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03.03.2012

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03.03.2012

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01.03.2012

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—

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Ext.W26

—

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Ext.W27

10.03.2012

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10.03.2012

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17.03.2012

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17.03.2012

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17.03.2012

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17.03.2012

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24.03.2012

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24.03 2012

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31.03.2012

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31.03.2012

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31.03.2012

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31.03.2012

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07.04 2012

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02.04.2012

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02.04.2012

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07.04.2012

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07.04.2012

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12.04 2012

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12.05.2012

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12.02.2015

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17.05.2012

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28.05.2012

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16.06.2012

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[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3895

Ext.W87

23.06.2012

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23.06.2012

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—

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29.06.2012

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28.07.2012

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28.07 2012

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18.08.2012

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18 08.2012

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—

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—

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Ext.W126

25.08.2012

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27.08.2012

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Ext.W128

25.08 2012

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Ext.W129

01.09.2012

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01.09.2012

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Ext.W131

01 09.2012

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Ext.W132

01.09.2012

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Ext.W133

08 09.2012

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Ext.W134

08 09.2012

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Ext.W135

08.09.2012

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Ext.W136

08.09.2012

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Ext.W137

15.09.2012

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Ext.W138

15 09.2012

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Ext.W139

15.09.2012

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Ext.W140

15.09.2012

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Ext.W141

22 09.2012

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Ext.W142

22 09.2012

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Ext.W143

22 09.2012

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Ext.W144

22.09.2012

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Ext.W145

29.09.2012

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29.09.2012

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29.09.2012

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29.09.2012

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05.10.2012

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13.10.2012

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13.10.2012

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20.10.2012

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Ext.W158

20.10.2012

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Ext.W159

26.10.2012

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Ext.W160

26.10.2012

Payment Vouchers

3896

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

Ext.W161

26.10.2012

Payment Vouchers

Ext.W162

26.10.2012

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Ext.W163

01.11.2012

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Ext.W164

01.11.2012

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Ext.W165

03.11.2012

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03.11.2012

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11.11.2012

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Ext.W177

21.11.2012

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ExtW.178

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21.11.2012

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21.11.2012

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24.12.2012

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24.12.2012

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01.12.2012

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01.12.2012

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01.12.2012

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01.12.2012

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08.12.2012

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08.12.2012

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08.12.2012

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15.12.2012

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15.12.2012

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22.12.2012

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22.12.2012

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22.12.2012

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22.12.2012

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Ext.W198

29.12.2012

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29.12.2012

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Ext.W200

05.01.2013

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Ext.W201

05.01.2013

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Ext.W202

12.01.2013

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Ext.W203

12.01.2013

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19.01.2013

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19.01.2013

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24.01.2013

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24.01.2013

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09.02.2013

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08.02.2013

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16.02.2013

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19.02.2013

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16.02.2013

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23.02.2013

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23.02.2013

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Ext.W234

25.02.2013

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[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3897

Ext.W235

25.02.2013

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Ext.W236

27.02.2013

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Ext.W237

27.02.2013

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02.03.2013

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02.03.2013

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09.03.2013

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23.03.2013

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23.03.2013

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30.03.2013

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30.03.2013

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06.04.2013

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13.04.2013

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27.04.2013

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11.05.2013

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23.05.2013

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18.05.2013

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27.05.2013

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06.07.2013

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06.07.2013

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06.07.2013

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Ext.W307

11.07.2013

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3898

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

Ext.W308

11.07.2013

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Ext.W309

13.07.2013

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Ext.W310

13.07.2013

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Ext.W311

13.07.2013

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13.07.2013

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20.07.2013

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20.07.2013

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27.07.2013

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29.07.2013

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29.07.2013

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31.08.2013

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31.08.2013

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Ext.W344

23.05.2014

Reply filed by

Respondent before conciliation

On the Management's side:

Ex.No.

Date

Description

Ext.M1

18.01.201

Hon'ble Supreme Court

Order in LIC of India &

Another vs. D.V. Anil

Kumar & Others — C.A.

No. 953-968 of 2005

Ext.M2

16.07.2014

Judgement of Hon'ble

High Court of Kerala in

WA No. 2362/2009 in

OP 39055/2002 in the

matter of LIC of India

Vs. Usha Kumari &

Others

Ext.M3

-

Sec.48 (1&2) of the Life

Insurance Corporation

Act. 1956.

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New Delhi, the 15th September, 2015

S.O. 1869.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (Ref. No. 82/2014) of the Central

Government Industrial Tribunal/Labour Court, Chennai now

as shown in the Annexure in the Industrial Dispute between

the employers in relation to the management of M/s LIC of

India and their workman, which was received by the Central

Government on 08/09/2015.

[No. L-17025/4/2015-IR (M)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Thursday, the 27th August, 2015

Present: K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 82/2014

(In the matter of the dispute for adjudication under Sub-

section 2A of Section-10 of the Industrial Disputes Act,

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3899

1947 (as amended by Act-24 of 2010 w.e.f. 15.09.2010).

between the Management of LIC of India and their

workman)

BETWEEN

Sri M. Sindhan

: 1st Party/Petitioner

AND

1. The Zonal Manager

: 2nd Party/1st

Life Insurance

Respondent

Corporation of India

LIC Building, Anna Salai

Chennai-600002

2.

The Divisional Manager

: 2nd Party/2nd

Divisional Office-II

Respondent

Life Insurance Corporation

of India

C-47, Anna Plaza, II Avnenue,

Anna Nagar Chennai-600040

Appearance:

For the 1st Party/Petitioner

M/s Balan Haridas,

Advocates

For the 2nd Party/1st &

M/s C.K. Chandrasekkar,

2nd Management

Advocate

AWARD

This is an Industrial Dispute taken for adjudication on

the file under Sub-section 2A of Section-10 of the

Industrial Disputes Act, 1947 (as amended by Act-24 of

2010 w.e.f. 15.09.2010.).

2. The averments in the Claim Statement filed by the

petitioner in brief are these:

The petitioner has passed SSLC. He was engaged by

the Respondent to do the work of Office Assistant/Peon.

He was doing the work of filing the papers, cleaning the

office and also sundry work entrusted to him in the office

of the Second Respondent. The petitioner initially joined

the service of the Respondent on 26.10.2010. He was paid

@ Rs. 160/- per day at the beginning. Later it was revised

as Rs. 250/- and again as Rs. 360/-. Payment was made on

weekly basis. The petitioner had been continuously

working. He was paid wages by raising voucher under the

head "Upkeep and Cleaning Material". This was done only

to circumvent law. He was not given wages for weekly off

and other holidays. The petitioner had worked for more

than 480 days within a period of 24 calendar months. He is

entitled to be made permanent under Section-3 of the Tamil

Nadu Industrial Establishments (Conferment of Permanent

Status to Workmen) Act. The Respondent had been

extracting work from the petitioner without conferring any

benefits payable to a permanent employee. The petitioner

had worked for more than 240 days continuously within a

period of 12 calendar months. While so, his services had

been terminated orally on 31.08.2013. The petitioner was

not issued any notice nor paid notice pay or compensation.

Termination of the services of the petitioner would amount

to retrenchement. In the absence of compliance with

Section-25F of the ID Act the termination is void abinitio.

The Respondent now cannot say that the appointment of

the petitioner was not in terms of the LIC of India

(Employment of Temporary Staff) Instructions. Anyhow

the employment of the petitioner is protected by the

provisions of ID Act and the same will override the so-

called instructions. An order may be passed holding that

termination of the service of the petitioner by the

Respondent is illegal and consequently direct the

Respondent to reinstate the petitioner with full backwages,

continuity and all other attendant benefits.

3. The Respondents have filed Counter Statement

contending as below:

The claim of the petitioner is not maintainable either on

facts or on law. The petitioner was not engaged as Peon by

the Respondents. He was engaged as Coolie to do certain

petty works in the office. He was paid coolie charges on

various dates from 01.10.2010 to 31.08.2013. The charges

were paid for cleaning, dusting and upkeep works of the

branch office depending upon the necessity. It is not

correct to state that the employment was continuous and

regular. The engagement of the petitioner was on need

basis only and he was paid for the same. It is denied that

the petitioner worked against a post for 480 days in 24

calendar months to claim permanency. Casual engagement

on need based works cannot confer permanency. Any

appointment in the Respondent Corporation can only be

through a regular process of selection and appointment

against regular posts. The termination of the petitioner

was effected pursuant to the order of Apex Court wherein

a scheme was framed and approved and those not fitting

the scope of the scheme were directed to be relieved. So

the claim of the petitioner is liable to be rejected. The

petitioner is not entitled to invoke Section-25F of the ID

act as the action of the Respondents is in conformity with

law. In compliance of the order of the Supreme Court dated

18.01.2011 applications were invited from eligible temporary

Class-IV employees working in LIC of India for more than 5

years as on 18.01.2011 and who had possessed minimum

eligible qualification. As per the order of the Supreme Court

those who have been engaged on need bases would cease

to be in employment in compliance of the scheme. The

petitioner was not eligible to apply as per the scheme of

the Supreme Court. So he has no right to claim reinstatement

or absorption. The question of reinstatement can arise only

when regular employment has taken place as per LIC of

India (Employment of Temporary Staff) Instructions. The

provisions of the ID Act are not applicable to the petitioners

with reference to matters covered by Section-48(2C) of the

LIC Act. The petitioner is not entitled to any relief.

4. The petitioner has filed a rejoinder denying the

allegations in the Counter Statement and also reiterating

his case in the Counter Statement.

3900

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

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

WW1 and MWs 1 and 2 and also documents marked as

Ext. W1 to Ext. W109 and Ext. M1 to Ext. M3.

6. The points for consideration are:

(i) Whether the termination of the petitioner by the

Respondents from service is legal and justified?

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

entitled?

The Points

7. The petitioner is seeking to set aside termination of

his service by the Respondents and to direct the

Respondents to reinstate him with backwages, continuity

of service and other benfits.

8. The petitoner has claimed that he had joined the Office

of the Second Respondent, a Divional Office of the First

Respondent as an Office Assistant/Peon on 26.10.2010 and

had been continuously working in the office until he was

terminated orally on 31.08.2013. It is alleged by the petitioner

that his termination was in violation of Section-25F of the

Industrial Disputes Act. It is also claimed by the petitioner

that he had worked for more than 480 days within a period

of 24 calendar months before he was terminated from service

and he should have been made permanent under Section-

3 of the Tamil Nadu Industrial Establishments (Conferment

of Permanent Status to Workmen) Act.

9. The Respondents had contended that the termination

was effected pursuant to the order of the Apex Court

wherein a scheme was framed and approved and those

who do not fit in the scope of the scheme were directed to

be relieved. The Respondent has denied the claim of the

petitioner that he is entitled to permanent status under

Section-3 of Tamil Nadu Industrial Establishments

(Conferment of Permanent Staus to Workmen) Act. The

Respondents also denied the contention that termination

is effected in violation of Section-25F of the Industrial

Disputes Act. The Respondents have also advanced a case

that petitioner's engagement was on a need based manner

and he was only given the work of cleaning, dusting and

upkeep works of the branch office and was never working

as Peon as claimed by him.

10. The petitioner has given evidence himself and also

produced Ext. W1 to Ext. W109 to prove his contention

that he was continuously working in the Office of the

Second Respondent. The payment vouchers marked as

Ext. W1 to Ext.W109 are not disputed by the respondents.

These are vouchers of different dates starting from

25.10.2010 to 03.09.2013. The petitioner has stated in his

Proof Affidavit that his work in the Officer of the Second

Respondent was continuous in nature. This case of the

petitioner is supported by the vouchers produced. It could

be seen on going through the vouchers that except for

some occasional gaps the petitioner was working in the

Office of the Second Respondent continuously. The

vouchers show the period for which payments are made

and some of them contains the number of days also. So in

spite of some gaps it could be assumed that the petitioner

was working in the Office of the Second Respondent from

25.10.2010.

11. What is the nature of work done by the petitioner?

According to the Respodents they were only doing works

such as cleaning dusting and other upkeep works. This is

what is stated by MWs 1 and 2 in their Proof Affidavits

also. However, during their cross-examination MW1 has

stated that except for issuing forms the petitioner was doing

all the work that were usually done by the Sub-Staff. MW1

has also stated that the petitioner was paid daily wages on

weekly basis. Ext. W1 to Ext. W109 also show that almost

on all occasions the petitioner was paid once in a week

calculated on an amount fixed as wage per day. From this

also it could be seen that the petitioner was working

continuously with the Respondents for the period claimed.

However, there is no case for the petitioner that he was

working on a sanctioned post. He has not claimed also that

he was working on temporary basis but only as a casual

worker. In fact in the Claim Statement the demand of the

petitioner is only for reinstatement and not for any

regularization except for the claim of permancy under

Section-3 of the Tamil Nadu Act. So it is clear that the

petitioner was working on daily wages and not on any

sanctioned post.

12. Before dealing with the other contentions of the

petitioner the case that he is entitled for permanency under

Section-3 of the Tamil Nadu Act can be considered Section-

3(1) of the Act states that notwithstanidng anything

contained in any law in force every workman who is in

continuous service for a period of 480 days in a period of

24 calender months in an industrial establishment shall be

made permanent. The condition for treating a workman to

be continuous service is given in the next sub-section of

Section-3. On going through Ext. W1- to Ext. W109 there

could be no doubt that the petitioner must have been in

service for a period of 480 days within a period of 24

calender months in the Office of the Second Respondent.

13. The counsel for the petitioner has been seeking

support from the decisions of the High Court of Madras to

fortify his contention. He has referred to the decision in

ELAYAPERUMAL VS. STATE BANK OF INDIA (Writ

Appeal No. 1372 of 2006 decided on 08.01.2007). The

Hon'ble High Court has held in this case that the provisions

of the Permanent Status Act will apply to Banks including

nationalized banks. Another decision referred to by the

counsel for the petitioner is HINDUSTAN PETROLEUM

CORPN. Ltd. VS. PRESIDING OFFICER, CGIT, CHENNAI

reported in 2008 4 CTC 819 where it was held that the Act is

[Hkkx II—[k.M 3(ii)]

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3901

applicable to HINDUSTAN PETROLEUM CORPORATION

LTD. ANOTHER decision relied upon is LAKSHMI VS.

THE CHIEF ENGINEER, TNEB reported in 2012 3 LLN 681

where it was held that the concerned worker would have

been entitled to the benefit of conferment of permanent

status under TNEB. It is pointed out by the counsel for the

Respondents that the second decision referred to has been

taken to the Apex Court and has been compromised. In the

last decision referred to Tamil Nadu Electricity Board being

a party, the Permanent Status Act very well apply to the

same. The operation of the other decision referred to has

been stayed by the Apex Court and the matter is still

pending. According to the counsel for the petitioner even

if stay has been granted the dictum laid down by the High

Court can be applied to the present case. I am not able to

accept this argument of the counsel. When operation of

the decision is stayed, it could not be acted upon and there

is no question of the principle laid down in the decision

being applied. So, the contention of the petitioner that he

is entitled to the benefit of the Section-3 of the Permanent

Status Act of the Tamil Nadu could not be accepted.

14. It is not disputed by the Respondents that the

petitioner will be a workman as defined in Section-2(k) of

the ID Act but for inapplicability of the Act itself. It is also

admitted on behalf of the Respondents that the termination

of the petitioner was done without complying with Section-

25F of the ID Act. So there is no necessity to refer to various

decisions relied upon on behalf of the petitioner in this

respect. The counsel for the Resposndents has not

disputed the legal position that the termination in violation

of Section-25F of the Act will be void abinitio.

15. The contention on behalf of the Respondents that

the termination of the petitioner was in lieu of the decision

of the Apex Court wherein the scheme framed was approved

by the Apex Court and those who did not get selected as

per the scheme ceased to be in service. The order of the

Apex Court relied upon by the Respondents has been

produced and marked as Ext. M1. One of the appellants in

the several civil appeals decided by Ext. M1 order is the

LIC of India and the Respondents are those who were

working in the Corporation and has claimed reinstatement

or permanency . While this case was pending the

Corporation had framed a Scheme as below:

One time limited examination for those temporary

persons who are working in LIC of India for more

than 5 years and who had possessed minimum eligible

qualification and age as prescribed at the relevant

time of their entry into the LIC of India would be

considered. For this purpose LIC of India would hold

a limited written examination which will be in the

vernacular language with a limited syllabus which

would be announced in advance.

Such of those temporary employees who do not apply

and/or not successful shall cease to be in

employment. It is cleared that those temporary

persons who are not governed under these

submissions shall also cease to be in employment.

.

.

.

.

.

.

.

The scheme having been acceptable to the other

side the appeals were disposed by the Apex Court

with the direction that the Respondents shall absorb

employees in terms of the scheme.

16. The case of the Respondents is that application

was called for from the temporary workers, a written

examintion was conducted and those who were found

eligible were given permanent appointment in the

Corporation. Those other persons who did not fit in the

scheme were turned out of service on 31.08.2013.

According to the Respondents the petitioner who was not

eligible to apply for the test and had not made any

application had ceased to be in employment consequent

to the scheme approved by the Apex Court. It is the case

of the Respondents that the petitioner who had ceased to

be an employee of the Corporation is now not entitled to

claim reinstatement.

17. The counsel for the petitioner has been mainly

relying upon the decision of the Apex Court in TAMIL

NADU TERMINATED FULL TIME TEMPORARY LIC

EMPLOYEES ASSOCIATION VS. LIC OF INDIA AND

OTHERS in Civil Appeal No. 6951/2009 and other appeals

in this respect. In this the Apex Court has found that the

temporary employees are entitled to reinstatement and

permanency. In the above decision the Apex Court had

found that even though the Corporation had entered into a

compromise with some of the workers it will not affect

the right of the workmen concerned to claim relief under

the earlier national awards existing since those awards

were not set aside even after the compromise. It has also

been observed that in any case the compromise will not

affect the rights of the parties to claim statutory benefits

under the Industrial Disputes Act.

18. The counsel for the Respondents has pointed out

the Civil Appeal Nos. 6951/2009 and connected appeals

were de-tagged by the Apex Court while considering Ext.

M1 cases since the issues involved in those cases were

different from the cases considered in Ext. M1 order. On

going through Ext. M1 it could be seen that such a

respresentation was made and it is accordingly those

appeals were de-tagged. The workmen involved in the

above appeals were discharging work of perennial nature

against permanent posts. It could be seen from the

decision that there was an earlier award applicable to the

parties and a compromise was entered into by the

Corporation with some of the Unions while a case was

pending. In Civil Appeal Nos. 6951/2009 and other cases

it has been held that the direction given to the Corporation

as per the Award regarding other workmen who were

parties to the case and had not entered into a compromise

has not been substituted by the terms and conditions of

the compromise. It is pointed out by the cousel for the

3902

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

Respondents that is in this background the decision has

been rendered.

19. The counsel for the Respondents has referred to

two earlier decisions of the Apex Court that has held that

the provisions of the ID Act is not applicable to the workers

of the Corporation. Reference was made to the decision in

M. Venugopal VS. The Divisional Manager, LIC of India

reported in 1994 2 SCC 323. In this the Apex Court has

considered Sub-section 2(C) of Section-48 which has been

incorporated in LIC Act by amendment, and other

provisions. Section-48 of the Act provides that the Central

Government may make rules to carry out the purposes of

the Act. The rules may provide for terms and conditions of

the service of the employees. As per Clause (cc) the

regulations and other provisions in force immediately before

the commencement of the Amendment Act with respect to

the terms and conditions of the service of the employees

shall be deemed to be the rules made under Clause (cc) as

per Clause-2(A). Clause-2C of the same section states that

the provisions of Clause (cc) and Sub-section 2B and any

rules made there under shall have effect notwithstanding

any judgment, decree or order of the any Court, Tribunal or

other authority and notwithstanding anything contained

in the Industrial Disputes Act or any other law, agreement,

settlement, award or other instrument. Referring to these

provisions it was held in Venugopal's case referred to above

that the wisdom of the legislature in extending the protection

of the provisions of Industrial Disputes Act or denying the

same cannot be judged by the Courts unless any such

step is held to be violative of any of the provisions of the

Constitution. After the amendment introduced in Section-

48 of the employees of the Corporation shall not be entitled

to protection to which they were entitled before coming

into force of the amendment, though till then it was upto

them to impose the rights or remedies in terms of the

regulation so framed under the Corporation Act or in

accordance with the provisions of the Industrial Disputes

Act, it has been held. The counsel for the Respondents

has also referred to the decision A.V. NACHANE VS. UNION

OF INDIA reported in AIR 1982 SC 1126 in this respect. In

the above case it has been held that Section-48 (2C) read

with Section-48 (2cc) authorized the Central Government

to make rules to carry out the purpose of the Act

notwithstanding the Industrial Disputes Act or any other

law, which meant that in respect of the matters covered by

the rules, the provisions of the Industrial Disputes Act or

any other law will not be operative. The grievance raised in

the case that excluding the employees of the Corporation

from the purview of Industrial Disputes Act amounted to

discrimination against them and as such the provisions of

the amending act were violative of Article-14 of the

Constitution were also rejected by the Apex Court. The

counsel has also referred to the decision of the Apex Court

in LIC OF INDIA VS. ASHA RAMCHAND AMBEDKAR

reported in 1994 2 SCC 718 where it was held that the

instructions issued by the Chairman of the Corporation

exercising his powers under the regulations framed under

the Act were statutory in character and they have the force

of law. Based on the decision of the Apex Court after

acceptance of the scheme the Corporation has issued

serveral instructions on the basis of which the petitioner

and such others had ceased to be in employment. It has

been argued that the instructions on the basis of which the

petititoner and such others had ceased to be in employment.

It had been argued that the instructions are not statutory

in character though the regulations are. It was in this context

the above decision was relied upon. Thus the three bench

decision of the Apex court in the case earlier referred to

had held that Industrial Disputes Act will not apply to

those employees coming under the LIC Act and its rules

and regulations. The recent decision of the Apex Court in

favour of the temporary employees of the Corporation were

rendered in the context already referred to. Those employees

were fighting their case even while the cases under Ext. M1

were pending and those were treated separately and decided

separately in the background referred to above. So the

decision in the above case could not be applied to the

facts of the present case. The other decisions referred to

by the counsel for the petitioner are all those in which the

provisions of the ID Act are applicable and need not be

referred to.

20. I have already stated that there is no case for the

Respondents that any notice, notice pay or compensation

were given as required under Sectio-25F of the ID Act when

the petitioner was terminated. The counsel for the

Respondents has pointed out that in the absence of

application of Industrial Disputes Act there is no necessity

to comply with Section-25F of the Act also. He has referred

to the decision of the High Court of Kerala in LIC OF INDIA

VS. USHA KUMARI AND OTHERS in Writ Appeal 2362/

2009 in this respect. The High Court has referred to the

decisions of the Apex Court wherein the provisions of the

Industrial Disputes Act were found inapplicable to the

employees of the Life Insurance Corporation and has held

that the provisions contained in Section-48(2C) of the LIC

Act would override the Industrial Disputes Act and so

termination of the employees cannot amount to

retrenchment as provided under Section-termination of the

employees cannot amount to retrenchement as provided

under Section-2(oo) of the Industrial Disputes Act attracting

Section-25F of the Act. It was a natural consequence, the

Apex Court having found that Industrial Disputes Act is

not applicable to those coming under the Life Insurance

Corporation Act. The being so, the petitioner would not be

entitled even to the benefit under Section-25F of the Act.

The termination of the petitioner was the consequence of

the order of the Apex Court accepting the scheme for

providing employment to eligible workmen who were

working as temporary employees of the Corporation. Those

who did not fit in with the scope had to meet the

[Hkkx II—[k.M 3(ii)]

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3903

consequence. The petitioner had not completed 5 years as

daily wager in the Corporation as contemplated in the

scheme and he was not eligible to apply for the written

examination. It is accordingly he happened to be eliminated

and ceased to be in employment. So the petitioner will not

be entitled to any relief.

In view of my discussion above the reference is answered

against the petitioner. An award is passed accordingly.

K. P. PRASANNA KUMARI, Presiding officer

Witnesses Examined:

For the 1st Party/Petitioner : WW1, Sri M. Sindhan

For the 2nd Party/1st &

: MW1, Sri B. Seetharaman

2nd Management

: MW2, Sri S. Shrinivas

Purushan

On the side of the Petitioner

Ex. No.

Date

Description

Ex. W1

25.10.2010

Payment Vouchers

Ex. W2

10.11.2010

Payment Vouchers

Ex. W3

01.11.2010

Payment Vouchers

Ex. W4

31.12.2010

Payment Vouchers

Ex. W5

12.01.2011

Payment Vouchers

Ex.W6

14.01.2011

Payment Vouchers

Ex.W7

24.01.2011

Payment Vouchers

Ex.W8

31.01.2011

Payment Vouchers

Ex.W9

07.02.2011

Payment Vouchers

Ex.W10

14.02.2011

Payment Vouchers

Ex.W11

21.02.2011

Payment Vouchers

Ex.W12

01.03.2011

Payment Vouchers

Ex.W13

07.03.2011

Payment Vouchers

Ex.W14

12.03.2011

Payment Vouchers

Ex.W15

21.03.2011

Payment Vouchers

Ex.W16

28.03.2011

Payment Vouchers

Ex.W17

11.04.2011

Payment Vouchers

Ex.W18

25.04.2011

Payment Vouchers

Ex.W19

02.05.2011

Payment Vouchers

Ex.W20

09.05.2011

Payment Vouchers

Ex.W21

14.05.2011

Payment Vouchers

Ex.W22

23.05.2011

Payment Vouchers

Ex.W23

02.06.2011

Payment Vouchers

Ex.W24

06.06.2011

Payment Vouchers

Ex.W25

15.06.2011

Payment Vouchers

Ex.W26

20.06.2011

Payment Vouchers

Ex.W27

27.06.2011

Payment Vouchers

Ex.W28

04.07.2011

Payment Vouchers

Ex.W29

11.07.2011

Payment Vouchers

Ex.W30

19.07.2011

Payment Vouchers

Ex.W31

25.07.2011

Payment Vouchers

Ex.W32

01.08.2011

Payment Vouchers

Ex.W33

08.08.2011

Payment Vouchers

Ex.W34

13.08.2011

Payment Vouchers

Ex.W35

29.08.2011

Payment Vouchers

Ex.W36

22.08.2011

Payment Vouchers

Ex.W37

12.09.2011

Payment Vouchers

Ex.W38

19.09.2011

Payment Vouchers

Ex.W39

26.09.2011

Payment Vouchers

Ex.W40

03.10.2011

Payment Vouchers

Ex.W41

10.10.2011

Payment Vouchers

Ex.W42

15.10.2011

Payment Vouchers

Ex.W43

31.10.2011

Payment Vouchers

Ex.W44

05.11.2011

Payment Vouchers

Ex.W45

14.11.2011

Payment Vouchers

Ex.W46

21.11.2011

Payment Vouchers

Ex.W47

05.12.2011

Payment Vouchers

Ex.W48

12.12.2011

Payment Vouchers

Ex.W49

26.12.2011

Payment Vouchers

Ex.W50

02.01.2012

Payment Vouchers

Ex.W51

09.01.2012

Payment Vouchers

Ex.W52

18.01.2012

Payment Vouchers

Ex.W53

23.01.2012

Payment Vouchers

Ex.W54

31.01.2012

Payment Vouchers

Ex.W55

07.02.2012

Payment Vouchers

Ex.W56

13.02.2012

Payment Vouchers

Ex.W57

20.02.2012

Payment Vouchers

Ex.W58

02.04.2012

Payment Vouchers

Ex.W59

05.03.2012

Payment Vouchers

Ex.W60

09.04.2012

Payment Vouchers

Ex.W61

23.04.2012

Payment Vouchers

Ex.W62

14.05.2012

Payment Vouchers

Ex.W63

21.05.2012

Payment Vouchers

3904

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

Ex.W64

28.05.2012

Payment Vouchers

Ex.W65

18.06.2012

Payment Vouchers

Ex.W66

27.06.2012

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Ex.W67

30.06.2012

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Ex.W68

09.07.2012

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Ex.W69

16.07.2012

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Ex.W70

23.07.2012

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Ex.W71

30.07.2012

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Ex.W72

06.08.2012

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Ex.W73

21.08.2012

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Ex.W74

28.08.2012

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Ex.W75

01.09.2012

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Ex.W76

15.09.2012

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Ex.W77

24.09.2012

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Ex.W78

29.09.2012

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Ex.W79

22.10.2012

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Ex.W80

29.12.2012

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Ex.W81

05.11.2012

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12.11.2012

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19.11.2012

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26.11.2012

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03.12.2012

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22.12.2012

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05.01.2013

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05.01.2013

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07.01.2013

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21.01.2013

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29.01.2013

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18.02.2013

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05.02.2013

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09.03.2013

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25.03.2013

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14.08.2013

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Payment Vouchers

On the side of the Respondent:

Ex.No.

Date

Description

Ext.M1

18.01.2011

Hon'ble Supreme Court

Order dated 18.01.2011

in the matter of LIC of

India and Another Vs. D.V.

Anil Kumar and Etc. min

Civil Appeal No. 953968

of 2005.

Ext.M2

16.07.2014

Judgment of Hon'ble High

Court of Kerala in WA No.

2362/2009 in OP 39055/

2002 in the matter of LIC

of India Vs. Ushakumari

and Others.

Ext.M3

—

Section 48 (1&2) of the

Life

Insurance

Corporation Act, 1956

ubZ fnYyh] 15 flrEcj] 2015

dkñvkñ 1870-—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947 dk

14½ dh èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj esllZ cksdkjks LVhy

IykaV ¼lsy½ ds izcaèra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds

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

vfèdj.k ,oa Je U;k;ky;&1] èuckn ds iapkV ¼lanHkZ la[;k

75@2014½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 08@09@2015

dks izkIr gqvk FkkA

[lañ ,y&29012@4@2014&vkbZ vkj ¼,e½]

uohu diwj] voj lfpo

New Delhi, the 15th September, 2015

S.O. 1870.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (Ref. No. 75/2014) of the Central

Government Industrial Tribunal/Labour Court-1, Dhanbad

now as shown in the Annexure in the Industrial Dispute

between the employers in relation to the management of

M/s Bokaro Steel Plant (SAIL) and their workman, which

was received by the Central Government on 08/09/2015.

[No. L-29012/4/2014-IR (M)]

NAVEEN KAPOOR, Under Secy.

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3905

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO. 1, DHANBAD.

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

1947.

Reference No. 75 of 2014

Employer in relation to the management of

Bokaro Steel Plant (SAIL).

And

Their workman.

PRESENT :

Sri R.K. Saran, Presiding Officer

Appearances:

For the Employers

:

Shri D.K, Verma, Advocate.

For the Workman

:

Sri Pintu Mondal, Rep

State:-

Jharkhand

Industry: Coal.

Dated 6/7/2015

AWARD

By order No. L-29012/4/2014 IR-(M), dated 09/07/2014,

the Central Govt. in the Ministry of Labour has, in exercise

of powers conferred by clause (d) of Sub-section (1) and

Sub-section (2A) of Section 10 of the Industrial Disputes

Act, 1947, referred the following disputes for adjudication

to this Tribunal:

SCHEDULE

"Whether the action of the management of Bokaro

Steel Plant (SAIL) in dismissing Sri Jishu Mahto from

the service vide order dated 17.12.1998 is fair and

justified? If not, to what relief concerned workman is

entitled?"

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

21.07.2014. After receipt of reference, both parties are

noticed. The Sponsoring Union files their written statement

on 13.08.2014. And the management files their written

statement-cum-rejoinder on 19.11.2014.

3. The point involved in the reference is that the workman

has been dismissed from his services for long absenteeism.

4. During preliminary hearing it is revealed that the case

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

has already out of service for 17 years. It is felt to give

another chance to the workman to service.

5. Considering the facts and circumstances of this case,

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

the workman be kept under probation for a period of two

year and his performance report be given to the under

signed. Therefore the question of back wages does not

arise at all.

This is my award

R.K. SARAN, Presiding Officer

ubZ fnYyh] 16 flrEcj] 2015

dkñvkñ 1871.—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947

dk 14½ dh èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj Hkkjr lapkj

fuxe fyfeVsM ds izcaèra= ds lac) fu;kstdksa vkSj muds deZdkjksa

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

vfèdj.k ,oa Je U;k;ky;] psUubZ ds iapkV ¼lanHkZ la[;k 28@2003½

dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 15-09-2015 dks izkIr

gqvk FkkA

[lañ ,y&40011@26@2002&vkbZ vkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] MsLd vfèdkjh

New Delhi, the 16th September, 2015

S.O. 1871.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (I.D. No. 28/2003) of the Central

Government IndustrialTribunal-cum-Labour Court, Chennai

now as shown in the Annexure, in the Industrial Dispute

between the employers in relation of the management of

the Bharat Sanchar Nigam Limited and their workmen, which

was received by the Central Government on 15/09/2015.

[No. L-40011/26/2002-IR(DU)]

P.K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

CHENNAI

Wednesday, the 26th August, 2015

Present:

K. P. PRASANNA KUMARI,

Presiding Officer

Industrial Dispute No. 28/2003

(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. & two Others and their workman)

BETWEEN

The Circle Secretary

: 1st Party/Petitioner Union

BSNL Employees Union

3/71, 4th Street,

Raghava Nagar

Madipakkam

Chennai-600091

3906

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

AND

1.

The General Manager : 2nd Party/1st Respondent

Bharat Sanchar

Nigam Ltd.

Kumbakonam

2.

The Chairman & Managing : 2nd Party/

Director Bharat Sanchar 2nd Respondent

Nigam Ltd. Sanchar Bhawan

New Delhi-110001

3.

The Chief General Manager : 2nd Party/

Telecom Tamil Nadu Circle 3rd Respondent

Anna Salai

Chennai-600002

Appearance:

For the 1st Party/

:

M/s K.M. Ramesh,

Petitioner Union

:

Advocates

For the 2nd Party/1st,

:

Sri. D. Simon,

2nd & 3rd Management

Advocate

A W A R D

The Central Government, Ministry of Labour &

Employment, vide its Order No. L-40011/26/2002-IR

(DU) dated 07.01.2003 and Corrigendum dated

01.01.2004 referred the following industrial Dispute to

this Tribunal for adjudication.

The schedule mentioned in that order is:

"Whether the non-absorption of casual employees

as per annexure as claimed by the BSNL Employees

Union is legal and justified? if not, to what relief

the workmen are entitled to?"

2. On receipt of the Industrial Dispute this Tribunal

has numbered it as ID 28/2003 and issued notice to both

sides. Both sides have entered appearance through their

counsel and filed Claim and Counter Statement

respectively.

3. The petitioner has filed claim Statement seeking

absorption of the employees named in the annexure to

the reference in the service of the BSNL. The Respondents

have filed Counter Statement resisting the claim of the

petitioner.

4. When the case came up for evidence today, the

counsel for the petitioner has endorsed stating that he is

not adducing any evidence to substantiate the claim of

the petitioner and that the dispute can be closed. In the

absence of any material there could not be an adjudication

of the dispute on mertirs. The petitioner having failed to

adduce any evidence in support of the claim the reference

is only to be answered against the petitioner.

In the result the reference is answered against the

petitioner. An award is passed accordingly.

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined

For the 1st Party/Petitioner Union

: None

For the 2nd Party/ 1st,2nd &

: None

3rd Management:

Documents Marked;

On the Petitoner's side

Ext.No.

Date

Description

Nil

On the Management's side

Ext.No.

Date

Description

Nil

ubZ fnYyh] 16 flrEcj] 2015

dkñvkñ 1872.—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947

dk 14½ dh èkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj Hkkjr lapkj

fuxe fyfeVsM ds izcaèra= ds lac) fu;kstdksa vkSj muds deZdkj ds

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

vfèdj.k ,oa Je U;k;ky;] psUubZ ds iapkV ¼lanHkZ la[;k 383@2004½

dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 15@09@2015 dks izkIr

gqvk FkkA

[lañ ,y&40011@49@2003&vkbZ vkj ¼Mh;w)]

ihñ dsñ os.kqxksiky] MsLd vfèdkjh

New Delhi, the 16th September, 2015

S.O. 1872.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (I.D. No. 383/2004) of the

Cent. Govt. Indus. Tribunal-cum-Labour Court, Chennai

now as shown in the Annexure, in the Industrial Dispute

between the employment in relation to the management

of Bharat Sanchar Nigam Limited and their workmen,

which was received by the Central Government

on 15/09/2015.

[No. L-40011/49/2003-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

CHENNAI

Wednesday, the 26th August, 2015

Present:

K.P. PRASANNA KUMARI,

Presiding Officer

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3907

Industrial Dispute No. 383/2004

(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. & two Other

and their workman)

BETWEEN

The Circle Secretary

: 1st Party/Petitioner Union

BSNL Employees Union

3/71, 4th Street,

Raghava Nagar

Madipakkam

Chennai-600091

AND

1.

Chief General Manager 2nd Party/1st Respondent

BSNL, Tamilnadu Circle,

Anna Salai

Chennai-600002

2.

The General Manager : 2nd Party/2nd Respondent

Telecommunications

Kancheepuram District,

29 Eldams Road

Chennai-600018

3.

The Chairman and Managing

: 2nd Party/

Director Bharat Sanchar

: 3rd Respondent

Nigam Ltd.,

Sanchar Bhawan

New Delhi-110001

Appearance:

For the 1st Party/

: M/s K.M. Ramesh,

Petitioner Union

: Advocates

For the 2nd Party/1st, 2nd &

Sri D. Simon, Advocate

3rd Management

AWARD

The Central Government, Ministry of Labour &

Employment, vide its Order No. L-40011/49/2003-IR (DU)

dated 09.07.2004 referred the following Industrial

Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is:

"Whether the action of the management of Telecom

Department, BSNL, Chennai in non-regularizing/

absorbing the services of the contract laburers

numbering seventeen viz. S/Sri G. Ponnu Kalathi,

S. Samuel, P. Dili Babu, V. Krishnan, N. Bather,

N. Vivekan, E. Elangovan, B. Venkatesan, Ramesh,

M. Meganathan, M. Kanniappan, R. Dili Babu,

R. Parthasarathy. A Dhanasekaran, A Gnana Velu,

Ms. Maheswari and Rani is legal and justified and if

not, to what relief the workmen/contract labourers

are entitled to?"

2. On receipt of the Industrial Dispute this Tribunal has

numbered it as ID 383/2004 and issued notice to both sides.

Both sides have entered appearance through their counsel

and filed Claim and Counter Statement respectively.

3. The petitioner has filed Claim Statement seeking

absorption of the employees named in the annexure to

the reference in the service of the BSNL. The Respondents

have filed Counter Statement resisting the claim of the

petitioner.

4. When the case came up for evidence today, the

counsel for the petitioner has endorsed stating that he is

not adducing any evidence to substantiate the claim of

the petitioner and that the dispute can be closed. In the

absence of any material there could not be an adjudication

of the dispute on merits. The petitioner having failed to

adduce any evidence in support of the claim the reference

is only to be answered against the petitioner.

In the result the reference is answered against the

petitioner. An award is passed accordingly.

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined

For the 1st Party/

: None

Petitioner Union

For the 2nd Party/1st, 2nd

: None

& 3rd Management

Documents Marked:

On the Petitioner's side

Ext. No.

Date

Description

Nil

On the Management's side

Ext. No.

Date

Description

Nil

ubZ fnYyh] 16 flrEcj] 2015

dkñvkñ 1873-—vkS|ksfxd fookn vfèfu;e 1947 ¼1947 dk

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

fyfeVsM ds izcaèra= ds lac) fu;kstdksa vkSj muds deZdkj ds chp

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

vfèdj.k ,oa Je U;k;ky;] psUubZ ds iapkV ¼lanHkZ lañ 24@2003

,oa 25@2003½ dks izdkf'krk djrh gS tks dsUnzh; ljdkj dks

15@09@2015 dks izkIr gqvk FkkA

[lañ ,y&40011@22@2002&vkbZ vkj ¼Mh;w½

lañ ,y&40011@23@2002&vkbZ vkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] MsLd vfèdkjh

3908

THE GAZETTE OF INDIA : SEPTEMBER 19, 2015/BHADRA 28, 1937

[PART II—SEC. 3(ii)]

New Delhi, the 16th September, 2015

S.O.1873.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (I.D. No. 24/2003 & 25/2003)

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 Limited and their

workmen, which was received by the Central Government

of 15/09/2015.

[No. L-40011/22/2002-IR(DU),

No. L-40011/23/2002-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

CHENNAI

Wednesday, the 26th August, 2015

PRESENT:

K.P. PRASANNA KUMARI,

Presiding Officer

Industrial Dispute No. 24/2003

(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., & two

Others and their workman)

BETWEEN

The Circle Secretary

: 1st Party/Petitioner Union

BSNL Employees Unoin

3/71, 4th Street,

Raghava Nagar

Madipakkam

Chennai-600091

AND

1.

The General Manager : 2nd Party/1st Respondent

Bharat Sanchar

Nigam Ltd.

Kumbakonam

2.

The Chairman & Managing : 2nd Party/

Director Bharat

: 2nd Respondent

Sanchar Nigam. Ltd.

Sanchar Bhawan

New Delhi-110001

3.

The Chief General Manager

2nd Party/

Telecom Tamilnadu Circle

3rd Respondent

Anna Salai

Chennai-600002

Appearance:

For the 1st Party/

: M/s K.M. Ramesh,

Petitioner Union

: Advocates

For the 2nd party/1st, 2nd &

: Shri D. Simon, Advocate

3rd Management

AWARD

The Central Government, Ministry of Labour &

Employment, vide its Order No. L-40011/22/2002-1R

(DU) dated 07.01.2003 and Corrigendum dated

01.01.2004 referred the following Industrial Dispute to

this Tribunal for adjudication.

The Schedule mentioned in that order is:

"Whether the non-absorption of casual employees

as per annexure as claimed by the BSNL Employees

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

the workman are entitled to?"

2. On receipt of the Industrial Dispute this Tribunal

has numbered it as ID 24/2003 and issued notice to both

sides. Both sides have entered appearance through their

counsel and filed Claim and Counter Statement

respectively.

3. The petitioner has filed Claim Statement seeking

absorption of the employees named in the annexure to

the reference in the service of the BSNL. The Respondents

have filed Counter Statement resisting the claim of the

petitioner.

4. When the case came up for evidence today, the

counsel for the petitioner has endorsed stating that he is

not adducing any evidence to substantiate the claim of

the petitioner and that the dispute can be closed. In the

absence of any material there could not be an adjudication

of the dispute on merits. The petitioner having failed to

adduce any evidence in support of the claim the reference

is only to be answered against the petitioner.

In the result the reference is answered against the

petitioner. An award is passed accordingly.

K.P. PRASANNA KUMAR, Presiding Officer

Witnesses Examined

For the 1st Party/

: None

Petitioner Union

For the 1st Party/1st, 2nd &

: None

3rd Management

Documents Marked:

On the Petitioner's side

Ext.No.

Date

Description

Nil

On the Management's side

Ext.No.

Date

Description

Nil

[Hkkx II—[k.M 3(ii)]

Hkkjr dk jkti= % flrEcj 19] 2015@Hkkæ 28] 1937

3909

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

CHENNAI

Wednesday, the 26th August, 2015

PRESENT:

K.P. PRASANNA KUMARI,

Presiding Officer

Industrial Dispute No. 25/2003

(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. & Two Others and their workman)

BETWEEN

The Circle Secretary

: 1st Party/Petitioner Union

BSNL Employees Union

3/71, 4th Street,

Raghava Nagar

Madipakkam

Chennai-600091

AND

1.

The General Manager : 2nd Party/1st Respondent

Bharat Sanchar

Nigam Ltd.

Kumbakonam

2.

The Chairman & Managing : 2nd Party/

Director Bharat

: 2nd Respondent

Sanchar Nigam Ltd.

Sanchar Bhawan

New Delhi-1100001

3.

The Chief General Manager :

2nd Party/

Telecom Tamilnadu Circle

: 3rd Respondent

Anna Salai

Chennai-600002

Appearance:

For the 1st Party/

: M/s K.M. Ramesh,

Petitioner Union

Advocates

For the 2nd party/1st, 2nd &

: Shri D. Simon,

3rd Management

Advocate

AWARD

The Central Government, Ministry of Labour &

Employment, vide its Order No. L-40011/23/2002-1R (DU)

dated 07.01.2003 and Corrigendum dated 01.01.2004 referred

the following Industrial Dispute to this Tribunal for

adjudication.

The Schedule mentioned in that order is:

"Whether the non-absorption of casual employees

as per annexure as claimed by the BSNL Employees

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

workman are entitled to?"

2. On receipt of the Industrial Dispute this Tribunal has

numbered it as ID 25/2003 and issued notice to both sides.

Both sides have entered appearance through their counsel

and filed Claim and Counter Statement respectively.

3. The petitioner has filed Claim Statement seeking

absorption of the employees named in the annexure to the

reference in the service of the BSNL. The Respondents

have filed Counter Statement resisting the claim of the

petitioner.

4. When the case came up for evidence today, the

counsel for the petitioner has endorsed stating that he is

not adducing any evidence to substantiate the claim of the

petitioner and that the dispute can be closed. In the absence

of any material there could not be an adjudication of the

dispute on merits. The petitioner having failed to adduce

any evidence in support of the claim the reference is only

to be answered against the petitioner.

In the result the reference is answered against the

petitioner. An award is passed accordingly.

K.P. PRASANNA KUMAR, Presiding Officer

Witnesses Examined

For the 1st Party/

: None

Petitioner Union

For the 1st Party/1st, 2nd &

: None

3rd Management

Documents Marked:

On the Petitioner's side

Ext.No.

Date

Description

Nil

On the Management's side

Ext.No.

Date

Description

Nil

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064

and Published by the Controller of Publications, Delhi-110054.