foÙk ea=ky;

¼foÙkh; lsok,a foHkkx½

ubZ fnYyh] 15 vDrwcj] 2015

dk-vk- 2016-—funs'kd cksMZ] jk"Vªh; d`f"k vkSj xzkeh.k fodkl

cSad] jk"Vªh; d`f"k vkSj xzkeh.k fodkl cSad vf/kfu;e] 1981 ¼1981

dk 61½ dh /kkjk 60 dh mi&/kkjk ¼1½ }kjk iznÙk 'kfDr;ksa dk iz;ksx

djrs gq,] dsUnzh; ljdkj ds iwoZ vuqeksnu vkSj Hkkjrh; fjtoZ cSad ds

ijke'kZ ls jk"Vªh; d`f"k vkSj xzkeh.k fodkl cSad ¼vfrfjDr½ lkekU;

fofu;e] 1984 dk vkSj la'kks/ku djus ds fy, fuEufyf[kr fofu;e

cukrk gS] vFkkZr~%—

1- laf{kIr uke vkSj vkjaHk% ¼1½ bu fofu;eksa dks jk"Vªh; d`f"k

vkSj xzkeh.k fodkl cSad ¼vfrfjDr½ lkekU; ¼la'kks/ku½ fofu;e]

2015 dgk tk,xkA

¼2½ ;s Hkkjr ds jkti= esa izdkf'kr gksus dh rkjh[k ls ykxw gksaxsA

2- jk"Vªh; d`f"k vkSj xzkeh.k fodkl cSad ¼vfrfjDr½ lkekU;

fofu;e] 1984 ds fofu;e 3] mi&fofu;e ¼1½] [kaM ¼[k½ esa

fuEufyf[kr dks izfrLFkkfir fd;k tk,xk] vFkkZr~%

^^¼[k½ /kkjk 6 dh mi&/kkjk 3 ds varxZr fu;qDr lHkh iw.kZdkfyd

funs'kdA**

[lañ ,QvkbZ&7@9@2015&,lh]

,ñ dsñ nkl] voj lfpo

ikn fVIi.k% ewy fofu;e Hkkjr ds jkti= esa 23 Qjojh] 1985

dks dkñvkñ 740 rkjh[k 6 Qjojh] 1985 }kjk izdkf'kr fd, x, FksA

MINISTRY OF FINANCE

(Department of Financial Services)

New Delhi, the 15th October, 2015

S.O. 2016.—In exercise of the powers conferred by

sub-section (1) of section 60 of the National Bank for

Agriculture and Rural Development Act, 1981 (61 of 1981),

the Board of Directors of the National Bank for Agriculture

and Rural Development, with the previous approval of the

Central Government and in consultation with the Reserve

Bank of India, hereby makes the following regulations,

further to amend the National Bank for Agriculture and

Rural Development (Additional) General Regulations, 1984,

namely—

izkf/dkj ls izdkf'kr

PUBLISHED BY AUTHORITY

lkIrkfgd

WEEKLY

la- 43]

ubZ fnYyh] vDrwcj 18—vDrwcj 24] 2015] 'kfuokj@vkf'ou 26—dk£rd 2] 1937

No. 43]

NEW DELHI, OCTOBER 18—OCTOBER 24, 2015, SATURDAY/ASVINA 26—KARTIKA 2, 1937

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

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

Hkkx II—[k.M 3—mi&[k.M (ii)

PART II—Section 3—Sub-section (ii)

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

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

(Other than the Ministry of Defence)

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

REGD. NO. D. L. (N) 04/0007/2003—05

4307 GI/2015

(4195)

4196

THE GAZETTE OF INDIA : OCTOBER 24, 2015/KARTIKA 2, 1937

[PART II—SEC. 3 (ii)]

1. Short title and commencement.—(1) These

regulations may be called the National Bank for Agriculture

and Rural Development (Additional) General (Amendment)

Regulations, 2015.

(2) They shall come into force on the date of their

publication in the Official Gazette.

2. In the National Bank for Agriculture and Rural

Development (Additional) General Regulations, 1984, in

regulation 3, in sub-regulation (1), for clause (b), the

following shall be substituted namely:—

"(b) all whole time Directors appointed under sub-

section (3) of section 6".

[No. FI-7/9/2015-AC]

A.K. DAS, Under Secy.

Foot Note: The Principal regulations were published in

the Gazette of India dated 23rd February, 1985 vide number

S.O. 740 dated the 6th February, 1985.

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

¼dkfeZd vkSj izf'k{k.k foHkkx½

ubZ fnYyh] 14 vDrwcj] 2015

dk-vk- 2017-—dsanz ljdkj ,rn~}kjk fnYyh fo'ks"k iqfyl LFkkiuk

vf/kfu;e] 1946 ¼1946 dk vf/kfu;e lañ 25½ dh /kkjk 6 lgifBr

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

mÙkj izns'k jkT; ljdkj] x`g ¼iqfyl½ vuqHkkx&12 y[kuÅ dh

vfèlwpuk la[;k lh,e&734 ¼lh½@6&ih;w&12&2015&13¼7½

Mh@2015 fnukad 24 tqykbZ] 2015 }kjk izkIr lgefr ls iqfyl Fkkuk

fljlkxat] ftyk fQjkstkckn] mÙkj izns'k esa iathd`r eqñvñlañ

387@2015] /kkjk 120&ch@302@498&, Hkkjrh; naM lafgrk] 1860

¼1860 dk vf/kfu;e la[;k 45½] ds v/khu n.Muh;] esa mn~Hkwr gksus

okys rF;ksa ;k rF; ;k muds laO;ogkj ds Øe esa fd, x, mDr

vijkèksa ds laca/k esa ;k mlls lalDr vijk/kksa@ekeyksa vkSj fdUgha

vU; vijk/kksa] iz;Ruksa] nq"izsj.kksa vkSj "kM;U= ds vUos"k.k ds fy,

fnYyh fo'ks"k iqfyl LFkkiuk ds lnL;ksa dh 'kfDr;ksa vkSj {ks=kf/kdkj

dk foLrkj leLr mÙkj izns'k jkT; ij djrh gSA

[Qkñ lañ 228@33@2015&,ñohñMhñ&II]

vthr dqekj] voj lfpo

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES

AND PENSIONS

(Department of Personnel and Training)

New Delhi, the 14th October, 2015

S.O. 2017.—In exercise of the powers conferred by

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

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

the Central Government with the consent of the Govt. of

Uttar Pradesh, Grih (Police) Anubhag-12, Lucknow vide

Notification No. CM 734 (C)/6-PU-12-2015-13(7)D/2015-

dated 24.7.2015, hereby extends the powers and Jurisdiction

of the members of the Delhi Special Police Establishment

to the whole of the State of Uttar Pradesh for investigation

of case crime No. 387/15 under section 120-B, 302 and 498-

A of the Indian Penal Code, 1860 (Act No. 45 of 1860)

registered at Police Station Sirasaganj, District Firozabad,

Uttar Pradesh and in relation to or in connection with the

said case in the course of the same transaction or arising

out of the same fact or facts in relation to the aforesaid

case.

[No. 228/33/2015-AVD-II]

AJIT KUMAR, Under Secy.

Je vkSj jkstxkj ea=ky;

ubZ fnYyh] 8 vDrwcj] 2015

dk-vk- 2018-—jk"Vªifr] Jh izeksn dqekj prqosZnh dks fnukad

22-09-2015 ¼iwokZg~u½ ls dsUnzh; ljdkj vkS|ksfxd

U;k;kf/kdj.k&lg&Je U;k;ky;] vgenkckn ds ihBklhu vf/kdkjh

ds :i esa 14-07-2019 rd vFkok vxys vkns'kksa rd] tks Hkh igys

gks] fu;qDr djrs gSaA

[lañ ,&11016@01@2014&lh,y,l&II]

,lñ dsñ flag] voj lfpo

MINISTRY OF LABOUR AND EMPLOYMENT

New Delhi, the 8th October, 2015

S.O. 2018.—The President is pleased to appoint Shri

Pramod Kumar Chaturvedi as Presiding Officer of the

Central Government Industrial Tribunal-cum-Labour Court,

Ahmadabad with effect from 22.09.2015 (Forenoon) for a

period up to 14.07.2019 or until further orders, whichever is

earlier.

[No. A-11016/01/2014-CLS-II]

S. K. SINGH, Under Secy.

ubZ fnYyh] 7 vDrwcj] 2015

dk-vk- 2019-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

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

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

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

vf/kdj.k ,oa Je U;k;ky;&1] paMhx<+ ds iapkV ¼lanHkZ lañ

115@2013½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 06@10@2015

dks izkIr gqvk FkkA

[lañ ,y&14011@13@2013&vkbZ vkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] MsLd vf/kdkjh

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vDrwcj 24] 2015@dk£rd 2] 1937

4197

New Delhi, the 7th October, 2015

S.O. 2019.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (I.D No. 115/2013) of the

Central Government Industrial Tribunal-cum-Labour Court

No. 1, Chandigarh now as shown in the Annexure in the

Industrial Dispute between the employers in relation to the

management of the Bharat Electronics Limited, Panchkulla

and their workmen, which was received by the Central

Government on 06/10/2015.

[No. L-14011/13/2013-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 115 of 2013. Reference No. L-14011/13/2013-

IR(DU) dated 22.10.2013.

The President, Bharat Electronics Workers Union (NTU)

C/o Bharat Electronics Ltd., 405, Industrial Area Phase-III,

Panchkulla (Haryana).

...Union.

Versus

1. The General Manager, Bharat Electronics Ltd., 405,

Industrial Area Phase-III, Panchkulla (Haryana).

...Respondent

APPEARANCE

For the Union:

None.

For the management:

None.

ORDER

Passed on 30.09.2015

Government of India Ministry of Labour vide notification

No. L-14011/13/2013-IR(DU) dated 22.10.2013 has referred

the following dispute to this Tribunal for adjudication:

"Whether the action of the management of Bharat

Electronics Ltd. Panchkulla in transferring 15

workmen as annexed from Panchkulla Unit to other

units without any transfer policy is just, fair and legal?

If not, what relief the concerned workmen are entitled

to?"

2. Today although the date is not fixed in this case but

in compliance of the order dated 16.9.2015 of the Hon'ble

High Court of Punjab & Haryana in LPA No. 590 of 2014,

the case has been taken up. The letter No. 1464 LPA/1

dated 28.9.2015 of Superintendent LPA for Assistant

Registrar Writs, perused, in which it has been directed that

the copy of order dated 16.9.2015 passed by the Hon'ble

High Court has been forwarded in the above noted case

for immediate compliance.

3. In compliance of the letter mentioned above, the

judgment passed in LPA No. 590 of 2014 perused in which

the Hon'ble High Court passed the following order:

"Consequently, we hold that the reference as framed,

is contrary to the standing orders and, therefore, not

tenable. The reference is set aside but with liberty to

the "appropriate Government (Govt. of India,

Ministry of Labour)", to take a fresh decision in

accordance with law, after considering the grievance

of the workmen, which in our prima facie opinion

may relate to the nature of the transfer orders and

not to the absence of a policy and also objections, if

any, that may be raised by the appellants, within a

period of six weeks from the date of receipt of certified

copy of this order. During this period, transfer orders

shall remain in abeyance. The impugned order is,

therefore, set aside and the appeal is allowed in the

above terms.

4. As the reference has been set aside by the Hon'ble

High Court, therefore, the file be consigned.

5. Ministry of Labour be informed. Soft as well hard

copy be sent to the Central Govt.

Chandigarh.

30.09.2015

S.P. SINGH, Presiding Officer

ubZ fnYyh] 12 vDrwcj] 2015

dk-vk- 2020-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj nwjlapkj]

ch,l,u,y] ifV;kyk vkSj nwljksa ds izca/kra= ds lac) fu;kstdksa

vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k ,oa Je U;k;ky;&2] paMhx<+

ds iapkV ¼lanHkZ lañ 202@2011½ dks izdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 12-10-2015 dks izkIr gqvk FkkA

[lañ ,y&42025@03@2015&vkbZvkj¼Mh;w½]

ihñ dsñ os.kqxksiky] MsLd vf/kdkjh

New Delhi, the 12th October, 2015

S.O. 2020.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (ID No. 202/2011) of the Central

Government Industrial Tribunal cum Labour Court No. II,

Chandigarh now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of the Telecom, BSNL, Patiala & others and

their workmen, which was received by the Central

Government on 12.10.2015.

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

P.K. VENUGOPAL, Desk Officer

4198

THE GAZETTE OF INDIA : OCTOBER 24, 2015/KARTIKA 2, 1937

[PART II—SEC. 3 (ii)]

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II, CHANDIGARH

Present: Sri Kewal Krishan, Presiding Officer.

Case No. I.D. No. 202/2011

Registered on 12.7.2011

Sh. Som Dutt, S/o Late Sh. Asha Ram, R/o Prem Nagar,

Ward No. 6, Gali No. 4, Tehsil Amloh, Mandi Gobindgarh

District Fatehgarh Sahib.

.......Petitioner

Versus

General Manager, Telecom, BSNL, Patiala & Anr.

.......Respondent

APPEARANCES

For the workman :

Sh. Barjesh Mittal, Adv.

For the Management :

Mrs. Deepali Puri, Adv.

AWARD

Passed on 31.8.2015

The workman directly submitted statement of claim in

this Court, as his demand notice dated 20.02.2011, was not

adjudicated by Assistant Labour Commissioner within a

period of 45 days.

According to the workman, he was engaged as Daily

Rated Mazdoor/Chowkidar by the Office of Divisional

Engineer of the respondent-management on 19.2.1994 on

muster roll. He continuously worked with the respondent-

management and his services were illegally terminated on

2.10.1998. The record of muster roll and work register are

available with the management.

The workman along with others filed OA No. 671-PB-99

before the Central Administrative Tribunal, which was

decided vide order dated 18.10.2001 with the following

observations:—

"In view of the decision of the Full Bench and the

Stand taken by the Learned Counsel for the

respondents, original Application disposed off with

a direction to them to consider the case of the

applicants, for grant of Temporary Status, within a

period of 2 months from today and in case the

applicants are held entitled to the grant of Temporary

Status, they shall be taken back in service, if not

already in service, and grant them consequential

benefits, in terms of continuity of service except that

they shall not be entitled to the salary for the period

they remained out of job, but for other purposes,

they shall be deemed to be in service. No costs."

In compliance of the said order, the respondent-

management passed order dated 16.1.2002 holding that

workman and others are not entitled to temporary status

and regularization under the 'Casual Labourers' (Grant of

Temporary Status and Regularization) Scheme, 1989 on

the ground that they were engaged through contractor.

The workman and others filed Civil Writ Petition No.

1904 of 2002 which was disposed off by the Hon'ble High

Court with the following observations:—

"We have heard the Ld. Counsel for the parties. It is

the case of the petitioners that though initially they

have been employed as Daily Rated Employees

through a Contractor but on the scraping of the

contract system, after 1999, the petitioner had been

in employment and paid directly by the Respondent

Company. The petitioners however, made overments

in the petition in this regard, but have not been able

to produce on record any documentary evidence. In

the reply filed by the respondents, the positive stand

is that the petitioners continued to be employed on

contract basis through a Contractor. We accordingly

find that the dispute inter-se parties appear to be

one of the disputed questions of fact. We accordingly

relegate the petitioners to their remedy before the

Labour Court."

The workman and others filed an application No. 966 of

2003 before the Learned Presiding Officer, Labour Court,

Patiala, where the matter remained pending and the

Government of India issued a notification dated 31.10.2008

transferring jurisdiction regarding service matters to the

Central Administrative Tribunal. The application before the

Labour Court was withdrawn on 26.9.2008. The workman

and others filed OA No. 578/PB/08 before the Hon'ble CAT,

Chandigarh who decided the same vide award dated 1.4.2010

holding as follow:—

"For the above reasons, the relief prayed by the

applicant in the present OA is hereby declined as we

find no illegality in the orders impugned and passed

by the respondents vide Annexure P-2 dated

16.1.2002. The OA stands disposed off with the

observations given above, however, with no order

as to costs."

The said order was challenged before the Hon'ble High

Court by filing Civil Writ Petition No. 19844 of 2010, which

was dismissed on 9.11.2010, holding that workers have

failed to prove that they were employed by the department

and further held that it is a question of fact, which cannot

be gone into in proceedings under Article 226 of the

Constitution.

In these circumstances, the workman was left with no

option, but to agitate the matter before this Court for

adjudication, whether he was engaged directly by the

respondent-management and further pleaded that he be

reinstated in service with all the benefits.

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vDrwcj 24] 2015@dk£rd 2] 1937

4199

Respondent-management filed written reply denying

that workman was ever employed by it or there was any

relationship of master and servant between the parties. It

is pleaded that the respondent-management was entering

into contracts for getting the petty jobs done through the

contractor and the workman was never engaged by it. That

no record relating to the workman is available with the

respondent-management. The action initiated by the

workman and others was not correct.

Following issues were framed for decision:—

1. Whether there exists a relationship of master and

servant between the employer and employee?

2. If the workman is an employee of the management-

respondent, whether the services of the workman

were terminated in violation of the provisions of

Section 25F and 25G of the Industrial Disputes Act?

If yes, to what relief the workman is entitled?

Parties were given opportunities to lead their evidence

in support of their case.

I have heard Sh. Brijesh Mittal for the workman and

Smt. Deepali Puri for the management and perused and file.

The issue wise findings are as follow:—

Issue No. 1 :—

In support of this issue, the workman Som Dutt appeared

in the witness box and filed his affidavit reiterating his case

as set out in the statement of claim.

On the other hand respondent-management has

examined Sh. Amrik Singh Malhotra, SDE MGG, who filed

his affidavit supporting the case of the respondent-

management.

It was contended by the learned counsel for the

workman that the workman was employed by the

management and the workman worked there for sufficient

long time and he was entitled to the grant of 'termporary

status' but instead of granting him a 'termporary status',

his services were illegally terminated and he is entitled to

be reinstated in service with all the benefits. In support of

his contention, he has carried me through the advice note

and submitted that complaints were marked to workman

and counter-signed by the officers of the respondent-

department and thus, the workman was an employee of the

respondent-management and further submitted that

through respondent-management has pleaded that it used

to give contract for petty jobs but did not bring anything

on file to prove that it has ever given contract for the petty

jobs, which show that workman was directly employed by

the respondent-management.

I have considered the contentions raised by the learned

counsel.

The workman has agitated the matter before the Central

Administrative Tribunal as well as before the Hon'ble High

Court and this is 5th round of litigation he has initiated to

claim the relief of 'temporary status and reinstatement in

service'.

So far as the advice notes are concerned, these are not

proved on the file. If this was signed by some officers of

the respondent-management, the workman was required

to prove it by examining the said officers but no one was

examined. No reliance can be placed on the said paper to

hold that the workman was directly employed by the

respondent-management.

Respondent-management is a statutory body and

maintain its records for making any type of payment

including wages to its employees. The workman did not

produce any record to establish that he was ever paid any

wages by the respondent-management. He also did not

produce any appointment letter issued by the respondent-

management. In the circumstances, it is hard to believe

from the statement of the workman to hold that he was ever

engaged by the respondent-management.

If the management did not establish that it has given

contract for doing petty jobs, the workman do not draw

any benefit from it. It was for the workman to prove that he

was engaged by the respondent-management and it was

the respondent-management who used to pay him wages,

which he has failed to prove, and being so, the non-

production of any evidence regarding the giving of contract

by the respondent-management is of no consequence.

The contention raised by the learned counsel that the

respondent-management has not produced the record

despite moving of an application by him is of no

consequence as it is a stand of the respondent-management

that the workman was never its employee and being so, no

record was supposed to be maintained by it.

It is the case of the workman himself that he approached

the Central Administrative Tribunal who directed the

respondent-management to consider his case for the grant

of 'temporary status' vide order dated 18.10.2001. In

pursuance of the said order, the management passed order

dated 16.1.2002 holding that the workman was never

engaged by it but was engaged through a contract and

was not entitled to the grant of 'temporary status' under

the (grant of temporary status and regularization) Scheme

1989.

The workman along with others again filed OA No. 578/

PB/08 before the Central Administrative Tribunal, who

disposed off the same vide order dated 1.4.2010 upholding

the order passed by the respondent-management.

Thus, the department has concluded that workman was

not its employee, and the order passed by it was upheld by

the competent forum before whom the matter was agitated.

In the circumstances, the matter cannot be agitated time

and again. In view of the order of the competent tribunal

4200

THE GAZETTE OF INDIA : OCTOBER 24, 2015/KARTIKA 2, 1937

[PART II—SEC. 3 (ii)]

and the evidence discussed above, it cannot be said that

there was a relationship of master and servant between the

workman and the management.

In result, this issue is decided against the workman.

Issue No. 2 :—

In view of findings under issue No. 1, this issue is also

decided against the workman.

In result, the workman is not entitled to any relief and

his claim is accordingly dismissed.

Let hard and soft copy of the award be sent to the

Central Government for futher necessary action.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh] 12 vDrwcj] 2015

dk-vk- 2021-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj nwjlapkj]

ch,l,u,y] ifV;kyk vkSj nwljksa ds izca/kra= ds lac) fu;kstdksa

vkSj muds deZdkj ds chp vuqca/k esa fufnZ"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k ,oa Je U;k;ky;&2] paMhx<+

ds iapkV ¼lanHkZ lañ 203@2011½ dks izdkf'kr djrh gS tks dsUnzh;

ljdkj dks 12-10-2015 dks izkIr gqvk FkkA

[lañ ,y&42025@03@2015&vkbZvkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] MsLd vf/kdkjh

New Delhi, the 12th October, 2015

S.O. 2021.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (ID No. 203/2011) of the Central

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

Chandigarh now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of the Telecom, BSNL, Patiala & others and

their workmen, which was received by the Central

Government on 12.10.2015.

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

P. K. VENUGOPAL, Desk Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II, CHANDIGARH

Present: SRI KEWAL KRISHAN, Presiding Officer

Case No. I.D. No. 203/2011

Registered on 12.7.2011

Sh. Jagdish Singh, S/o Sh. Sucha Singh, R/o Village

Isher-Hail, P.O. Balhari Kalan, Tehsil & District Fatehgarh

Sahib.

...Petitioner

Versus

General Manager, Telecom, BSNL, Patiala & Anr.

...Respondents

APPEARANCES

For the workman

:

Sh. Barjesh Mittal, Adv.

For the Management

:

Sh. Deepali Puri, Adv.

AWARD

Passed on 31.8.2015

The workman directly submitted statement of claim in

this Court, as his demand notice dated 20.02.2011, was not

adjudicated by Assistant Labour Commissioner within a

period of 45 days.

According to the workman, he was engaged as Daily

Rated Mazdoor/Helper Technician by the Office of

Divisional Engineer of the respondent-management

in September, 1992 on muster roll. He continuously

worked with the respondent-management and his

services were illegally terminated on 3-3-1999. The

record of muster roll and work register are available

with the management.

The workman along with others filed OA No. 671-PB-99

before the Central Administrative Tribunal, which was

decided vide order dated 18.10.2001 with the following

observations:—

"In view of the decision of the Full Bench and the Stand

taken by the Learned Counsel for the respondents, original

Application disposed off with a direction to them to

consider the case of the applicants, for grant of Temporary

Status, within a period of 2 months from today and in case

the applicants are held entitled to the grant of Temporary

Status, they shall be taken back in service, if not already in

service, and grant them consequential benefits, in terms of

continuity of service except that they shall not be entitled

to the salary for the period they remained out of job, but for

other purposes, they shall be deemed to be in service. No

costs."

In compliance of the said order, the respondent-

management passed order dated 16.1.2002 holding that

workman and others are not entitled to temporary status

and regularization under the 'Casual Labourers' (Grant of

Temporary Status and Regularization) Scheme, 1989 on

the ground that they were engaged through contractor.

The workman and others filed Civil Writ Petition No.

1904 of 2002 which was disposed off by the Hon'ble High

Court with the following observations:—

"We have heard the Ld. Counsel for the parties. It is

the case of the petitioners that though initially they

have been employed as Daily Rated Employees

through a Contractor but on the scraping of the

contract system, after 1999, the petitioner had been

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vDrwcj 24] 2015@dk£rd 2] 1937

4201

in employment and paid directly by the Respondent

Company. The petitioners however, made overments

in the petition in this regard, but have not been able

to produce on record any documentary evidence. In

the reply filed by the respondents, the positive stand

is that the petitioners continued to be employed on

contract basis through a Contractor. We accordingly

find that the dispute inter-se parties appear to be

one of the disputed questions of fact. We accordingly

relegate the petitioners to their remedy before the

Labour Court."

The workman and others filed an application No. 966 of

2003 before the Learned Presiding Officer, Labour Court,

Patiala, where the matter remained pending and the

Government of India issued a notification dated 31.10.2008

transferring jurisdiction regarding service matters to the

Central Administrative Tribunal. The application before the

Labour Court was withdrawn on 26.9.2008. The workman

and others filed OA No. 578/PB/08 before the Hon'ble CAT,

Chandigarh who decided the same vide award dated 1.4.2010

holding as follow:—

"For the above reasons, the relief prayed by the

applicant in the present OA is hereby declined as we

find no illegality in the orders impugned and passed

by the respondents vide Annexure P-2 dated

16.1.2002. The OA stands disposed off with the

observations given above, however, with no order

as to costs."

The said order was challenged before the Hon'ble High

Court by filing Civil Writ Petition No. 19844 of 2010, which

was dismissed on 9.11.2010, holding that workers have

failed to prove that they were employed by the department

and further held that it is a question of fact, which cannot

be gone into in proceedings under Article 226 of the

Constitution.

In these circumstances, the workman was left with no

option, but to agitate the matter before this Court for

adjudication, whether he was engaged directly by the

respondent-management and further pleaded that he be

reinstated in service with all the benefits.

Respondent-management filed written reply denying

that workman was ever employed by it or there was any

relationship of master and servant between the parties. It

is pleaded that the respondent-management was entering

into contracts for getting the petty jobs done through the

contractor and the workman was never engaged by it. That

no record relating to the workman is available with the

respondent-management. The action initiated by the

workman and others was not correct.

Following issues were framed for decision:—

1. Whether there exists a relationship of master and

servant between the employer and employee?

2. If the workman is an employee of the management-

respondent, whether the services of the workman

were terminated in violation of the provisions of

Section 25F and 25G of the Industrial Disputes Act?

If yes, to what relief the workman is entitled?

Parties were given opportunities to lead their evidence

in support of their case.

I have heard Sh. Brijesh Mittal for the workman and

Smt. Deepali Puri for the management and perused and file.

The issue wise findings are as follow:—

Issue No. 1 :—

In support of this issue, the workman Som Dutt appeared

in the witness box and filed his affidavit reiterating his case

as set out in the statement of claim.

On the other hand respondent-management has

examined Sh. Amrik Singh Malhotra, SDE MGG, who filed

his affidavit supporting the case of the respondent-

management.

It was contended by the learned counsel for the

workman that the workman was employed by the

management and the workman worked there for sufficient

long time and he was entitled to the grant of 'termporary

status' but instead of granting him a 'termporary status',

his services were illegally terminated and he is entitled to

be reinstated in service with all the benefits. In support of

his contention, he has carried me through the advice note

and submitted that complaints were marked to workman

and counter-signed by the officers of the respondent-

department and thus, the workman was an employee of the

respondent-management and further submitted that

through respondent-management has pleaded that it used

to give contract for petty jobs but did not bring anything

on file to prove that it has ever given contract for the petty

jobs, which show that workman was directly employed by

the respondent-management.

I have considered the contentions raised by the learned

counsel.

The workman has agitated the matter before the Central

Administrative Tribunal as well as before the Hon'ble High

Court and this is 5th round of litigation he has initiated to

claim the relief of 'temporary status and reinstatement in

service'.

So far as the advice notes are concerned, these are not

proved on the file. If this was signed by some officers of

the respondent-management, the workman was required

to prove it by examining the said officers but no one was

examined. No reliance can be placed on the said paper to

hold that the workman was directly employed by the

respondent-management.

Respondent-management is a statutory body and

maintain its records for making any type of payment

4202

THE GAZETTE OF INDIA : OCTOBER 24, 2015/KARTIKA 2, 1937

[PART II—SEC. 3 (ii)]

including wages to its employees. The workman did not

produce any record to establish that he was ever paid any

wages by the respondent-management. He also did not

produce any appointment letter issued by the respondent-

management. In the circumstances, it is hard to believe

from the statement of the workman to hold that he was ever

engaged by the respondent-management.

If the management did not establish that it has given

contract for doing petty jobs, the workman do not draw

any benefit from it. It was for the workman to prove that he

was engaged by the respondent-management and it was

the respondent-management who used to pay him wages,

which he has failed to prove, and being so, the non-

production of any evidence regarding the giving of contract

by the respondent-management is of no consequence.

The contention raised by the learned counsel that the

respondent-management has not produced the record

despite moving of an application by him is of no

consequence as it is a stand of the respondent-management

that the workman was never its employee and being so, no

record was supposed to be maintained by it.

It is the case of the workman himself that he approached

the Central Administrative Tribunal who directed the

respondent-management to consider his case for the grant

of 'temporary status' vide order dated 18.10.2001. In

pursuance of the said order, the management passed order

dated 16.1.2002 holding that the workman was never

engaged by it but was engaged through a contract and

was not entitled to the grant of 'temporary status' under

the (grant of temporary status and regularization) Scheme

1989.

The workman along with others again filed OA No. 578/

PB/08 before the Central Administrative Tribunal, who

disposed off the same vide order dated 1.4.2010 upholding

the order passed by the respondent-management.

Thus, the department has concluded that workman was

not its employee, and the order passed by it was upheld by

the competent forum before whom the matter was agitated.

In the circumstances, the matter cannot be agitated time

and again. In view of the order of the competent tribunal

and the evidence discussed above, it cannot be said that

there was a relationship of master and servant between the

workman and the management.

In result, this issue is decided against the workman.

Issue No. 2 :—

In view of findings under issue No. 1, this issue is also

decided against the workman.

In result, the workman is not entitled to any relief and

his claim is accordingly dismissed.

Let hard and soft copy of the award be sent to the

Central Government for futher necessary action.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh] 12 vDrwcj] 2015

dk-vk- 2022-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj nwjlapkj]

ch,l,u,y] ifV;kyk vkSj nwljksa ds izca/kra= ds lac) fu;kstdksa

vkSj muds deZdkj ds chp vuqca/k esa fufnZ"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k ,oa Je U;k;ky;&2] paMhx<+

ds iapkV ¼lanHkZ lañ 204@2011½ dks izdkf'kr djrh gS tks dsUnzh;

ljdkj dks 12-10-2015 dks izkIr gqvk FkkA

[lañ ,y&42025@03@2015&vkbZvkj¼Mh;w½]

ihñ dsñ os.kqxksiky] MsLd vf/kdkjh

New Delhi, the 12th October, 2015

S.O. 2022.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (ID No. 204/2011) of the Central

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

Chandigarh now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of the Telecom, BSNL, Patiala & others and

their workmen, which was received by the Central

Government on 12.10.2015.

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

P. K. VENUGOPAL, Desk Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II, CHANDIGARH

Present: Sri Kewal Krishan, Presiding Officer

Case No. I.D. No. 204/2011

Registered on 12.7.2011

Sh. Bahadur Singh, S/o Sh. Amrik Singh, R/o Village

Isher-Hail, P.O. Balhari Kalan, Tehsil & District Fatehgarh

Sahib.

.......Petitioner

Versus

General Manager, Telecom, BSNL, Patiala & Anr.

.......Respondents

APPEARANCES

For the workman

:

Sh. Barjesh Mittal, Adv.

For the Management

:

Sh. Rakesh Verma, Adv.

AWARD

Passed on 31.8.2015

The workman directly submitted statement of claim in

this Court, as his demand notice dated 20.02.2011, was not

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vDrwcj 24] 2015@dk£rd 2] 1937

4203

adjudicated by Assistant Labour Commissioner within a

period of 45 days.

According to the workman, he was engaged as Daily

Rated Mazdoor/Helper Technician by the Office of

Divisional Engineer of the respondent-management in

August, 1996 on muster roll. He continuously worked with

the respondent-management and his services were illegally

terminated on 24.05.2003. The record of muster roll and

work register are available with the management.

The workman along with others filed OA No. 671-PB-99

before the Central Administrative Tribunal, which was

decided vide order dated 18.10.2001 with the following

observations:—

"In view of the decision of the Full Bench and the

Stand taken by the Learned Counsel for the

respondents, original Application disposed off with

a direction to them to consider the case of the

applicants, for grant of Temporary Status, within a

period of 2 months from today and in case the

applicants are held entitled to the grant of Temporary

Status, they shall be taken back in service, if not

already in service, and grant them consequential

benefits, in terms of continuity of service except that

they shall not be entitled to the salary for the period

they remained out of job, but for other purposes,

they shall be deemed to be in service. No costs."

In compliance of the said order, the respondent-

management passed order dated 16.1.2002 holding that

workman and others are not entitled to temporary status

and regularization under the 'Casual Labourers' (Grant of

Temporary Status and Regulaization) Scheme, 1989 on the

ground that they were engaged through contractor.

The workman and others filed Civil Writ Petition No.

1904 of 2002 which was disposed off by the Hon'ble High

Court with the following observations:—

"We have heard the Ld. Counsel for the parties. It is

the case of the petitioners that though initially they

have been employed as Daily Rated Employees

through a Contractor but on the scraping of the

contract system, after 1999, the petitioner had been

in employment and paid directly by the Respondent

Company. The petitioners however, made overments

in the petition in this regard, but have not been able

to produce on record any documentary evidence. In

the reply filed by the respondents, the positive stand

is that the petitioners continued to be employed on

contract basis through a Contractor. We accordingly

find that the dispute inter-se parties appear to be

one of the disputed questions of fact. We accordingly

relegate the petitioners to their remedy before the

Labour Court."

The workman and others filed an application No. 966 of

2003 before the Learned Presiding Officer, Labour Court,

Patiala, where the matter remained pending and the

Government of India issued a notification dated 31.10.2008

transferring jurisdiction regarding service matters to the

Central Administrative Tribunal. The application before the

Labour Court was withdrawn on 26.9.2008. The workman

and others filed OA No. 578/PB/08 before the Hon'ble CAT,

Chandigarh who decided the same vide award dated

1.4.2010 holding as follow:—

"For the above reasons, the relief prayed by the

applicant in the present OA is hereby declined as we

find no illegality in the orders impugned and passed

by the respondents vide Annexure P-2 dated

16.1.2002. The OA stands disposed off with the

observations given above, however, with no order

as to costs."

The said order was challenged before the Hon'ble High

Court by filing Civil Writ Petition No. 19844 of 2010, which

was dismissed on 9.11.2010, holding that workers have

failed to prove that they were employed by the department

and further held that it is a question of fact, which cannot

be gone into in proceedings under Article 226 of the

Constitution.

In these circumtsances, the workman was left with no

option, but to agitate the matter before this Court for

adjudication, whether he was engaged direcly by the

respondent-management and further pleaded that he be

reinstated in service with all the benefits.

Respondent-management filed written reply denying

that workman was ever employed by it or there was any

relationship of master and servant between the parties. It

is pleaded that the respondent-management was entering

into contracts for getting the petty jobs done through the

contractor and the workman was never engaged by it. That

no record relating to the workman is available with the

respondent-management. The action initiated by the

workman and others was not correct.

Following issues were framed for decision:—

1. Whether there exists a relationship of master and

servant between the employer and employee?

2. If the workman is an employee of the management-

respondent, whether the services of the workman

were terminated in violation of the provisions of

Section 25F and 25G of the Industrial Disputes Act?

If yes, to what relief the workman is entitled?

Parties were given opportunities to lead their evidence

in support of their case.

I have heard Sh. Brijesh Mittal for the workman and

Smt. Deepali Puri for the management and perused and file.

The issue wise findings are as follow:—

4204

THE GAZETTE OF INDIA : OCTOBER 24, 2015/KARTIKA 2, 1937

[PART II—SEC. 3 (ii)]

Issue No. 1

In support of this issue, the workman Som Dutt appeared

in the witness box and filed his affidavit reiterating his case

as set out in the statement of claim.

On the other hand respondent-management has

examined Sh. Amrik Singh Malhotra, SDE MGG, who filed

his affidavit supporting the case of the respondent-

management.

It was contended by the learned counsel for the

workman that the workman was employed by the

management and the workman worked there for sufficient

long time and he was entitled to the grant of 'temporary

status' but instead of granting him a 'temporary status', his

services were illegally terminated and he is entitled to be

reinstated in service with all the benefits. In support of his

contention, he has carried me through the advice note and

submitted that complaints were marked to workman and

counter-signed by the officers of the respondent-

department and thus, the workman was an employee of the

respondent-management and further submitted that though

respondent-management has pleaded that it used to give

contract for petty jobs but did not bring anything on file to

prove that it has ever given contract for the petty jobs,

which show that workman was directly employed by the

respondent-management.

I have considered the contentions raised by the learned

counsel.

The workman has agitated the matter before the Central

Administrative Tribunal as well as before the Hon'ble High

Court and this is 5th round of litigation he has initiated to

claim the relief of 'temporary status and reinstatement in

service'.

So far as the advice notes are concerned, these are not

proved on the file. If this was signed by some officers of

the respondent-management, the workman was required

to prove it by examining the said officers but no one was

examined. No reliance can be placed on the said paper to

hold that the workman was directly employed by the

respondent-management.

Respondent-management is a statutory body and

maintain its records for making any type of payment

including wages to its employees. The workman did not

produce any record to establish that he was ever paid any

wages by the respondent-management. He also did not

produce any appointment letter issued by the respondent-

management. In the circumstances, it is hard to believe

from the sole statement of the workman to hold that he was

ever engaged by the respondent-management.

If the management did not establish that it has given

contract for doing petty jobs, the workman do not draw

any benefit from it. It was for the workman to prove that he

was engaged by the respondent-management and it was

the respondent-management who used to pay him wages,

which he has failed to prove, and being so, the non-

production of any evidence regarding the giving of contract

by the respondent-management is of no consequence.

The contention raised by the learned counsel that the

respondent-management has not produced the record

despite moving of an application by him is of no

consequence as it is a stand of the respondent-management

that the workman was never its employee and being so, no

record was supposed to be maintained by it.

It is the case of the workman himself that he approached

the Central Administrative Tribunal who directed the

respondent-management to consider his case for the grant

of 'temporary status' vide order dated 18.10.2001. In

pursuance of the said order, the management passed order

dated 16.1.2002 holding that the workman was never

engaged by it, but was engaged through a contract and

was not entitled to the grant of 'temporary status under the

(grant of temporary status and regularization) Scheme 1989.

The workman along with others again filed OA No. 578/

PB/08 before the Central Administrative Tribunal, who

disposed off the same vide order dated 1.4.2010 upholding

the order passed by the respondent-management.

Thus, the department has concluded that workman was

not its employee, and the order passed by it was upheld by

the competent forum before whom the matter was agitated.

In the circumstances, the matter cannot be agitated time

and again. In view of the order of the competent tribunal

and the evidence discussed above, it cannot be said that

there was a relationship of master and servant between the

workman and the management.

In result, this issue is decided against the workman.

Issue No. 2

In view of findings under issue No. 1, this issue is also

decided against the workman.

In result, the workman is not entitled to any relief and

his claim is accordingly dismissed.

Let hard and soft copy of the award be sent to the

Central Government for further necessary action.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh] 12 vDrwcj] 2015

dk-vk- 2023-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj nwjlapkj]

ch,l,u,y] ifV;kyk vkSj nwljksa ds izca/kra= ds lac) fu;kstdksa

vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k ,oa Je U;k;ky;&2] paMhx<+

ds iapkV ¼lanHkZ lañ 205@2011½ dks izdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 12-10-2015 dks izkIr gqvk FkkA

[lañ ,y&42025@03@2015&vkbZvkj¼Mh;w½]

ihñ dsñ os.kqxksiky] MsLd vf/kdkjh

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vDrwcj 24] 2015@dk£rd 2] 1937

4205

New Delhi, the 12th October, 2015

S.O. 2023.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (I.D No. 205/2011) of the

Central Government Industrial Tribunal-cum-Labour Court

No. II, Chandigarh now as shown in the Annexure in the

Industrial Dispute between the employers in relation to the

management of the Telecom, BSNL, Patiala & others and

their workmen, which was received by the Central

Government on 12.10.2015.

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

P.K. VENUGOPAL, Desk Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II, CHANDIGARH

Present: Sri Kewal Krishan, Presiding Officer.

Case No. I.D. No. 205/2011

Registered on 12.7.2011

Sh. Pavittar Singh, S/o Sh. Surjit Singh, R/o Vill. Polo

Majra, P.o. Sanghol, Tehsil Khamano, District Fatehgarh

Sahib.

...Petitioner

Versus

General Manager, Telecom, BSNL, Patiala & Anr.

...Respondents

APPEARANCES :

For the Workman

:

Sh. Barjesh Mittal, Adv.

For the Management

:

Sh. Rakesh Verma, Adv.

AWARD

Passed on 31.8.2015

The workman directly submitted statement of claim in

this Court, as his demand notice dated 20.02.2011, was not

adjudicated by Assistant Labour Commissioner within a

period of 45 days.

According to the workman, he was engaged as Daily

Rated Mazdoor/Helper Technician by the Office of

Divisional Engineer of the respondent-management in

August, 1996 on muster roll. He continuously worked with

the respondent-management and his services were illegally

terminated on 24.05.2003. The record of muster roll and

work register are available with the management.

The workman along with others filed OA No. 671-PB-99

before the Central Administrative Tribunal, which was

decided vide order dated 18.10.2001 with the following

observations:—

"In view of the decision of the Full Bench and the

Stand taken by the Learned Counsel for the

respondents, original Application disposed off with

a direction to them to consider the case of the

applicants, for grant of Temporary Status, within a

period of 2 months from today and in case the

applicants are held entitled to the grant of Temporary

Status, they shall be taken back in service, if not

already in service, and grant them consequential

benefits, in terms of continuity of service except that

they shall not be entitled to the salary for the period

they remained out of job, but for other purposes,

they shall be deemed to be in service. No costs."

In compliance of the said order, the respondent-

management passed order dated 16.1.2002 holding that

workman and others are not entitled to temporary status

and regularization under the 'Casual Labourers' (Grant of

Temporary Status and Regularization) Scheme, 1989 on

the ground that they were engaged through contractor.

The workman and others filed Civil Writ Petition No.

1904 of 2002 which was disposed off by the Hon'ble High

Court with the following observations:—

"We have heard the Ld. Counsel for the parties. It is

the case of the petitioners that though initially they

have been employed as Daily Rated Employees

through a Contractor but on the scraping of the

contract system, after 1999, the petitioner had been

in employment and paid directly by the Respondent

Company. The petitioners however, made overments

in the petition in this regard, but have not been able

to produce on record any documentary evidence. In

the reply filed by the respondents, the positive stand

is that the petitioners continued to be employed on

contract basis through a Contractor. We accordingly

find that the dispute inter-se parties appear to be

one of the disputed questions of fact. We accordingly

relegate the petitioners to their remedy before the

Labour Court."

The workman and others filed an application No. 966 of

2003 before the Learned Presiding Officer, Labour Court,

Patiala, where the matter remained pending and the

Government of India issued a notification dated 31.10.2008

transferring jurisdiction regarding service matters to the

Central Administrative Tribunal. The application before the

Labour Court was withdrawn on 26.9.2008. The workman

and others filed OA No. 578/PB/08 before the Hon'ble CAT,

Chandigarh who decided the same vide award dated

1.4.2010 holding as follow:—

"For the above reasons, the relief prayed by the

applicant in the present OA is hereby declined as we

find no illegality in the orders impugned and passed

by the respondents vide Annexure P-2 dated

16.1.2002. The OA stands disposed off with the

observations given above, however, with no order

as to costs."

4206

THE GAZETTE OF INDIA : OCTOBER 24, 2015/KARTIKA 2, 1937

[PART II—SEC. 3 (ii)]

The said order was challenged before the Hon'ble High

Court by filing Civil Writ Petition No. 19844 of 2010, which

was dismissed on 9.11.2010, holding that workers have

failed to prove that they were employed by the department

and further held that it is a question of fact, which cannot

be gone into in proceedings under Article 226 of the

Constitution.

In these circumstances, the workman was left with no

option, but to agitate the matter before this Court for

adjudication, whether he was engaged directly by the

respondent-management and further pleaded that he be

reinstated in service with all the benefits.

Respondent-management filed written reply denying

that workman was ever employed by it or there was any

relationship of master and servant between the parties. It

is pleaded that the respondent-management was entering

into contracts for getting the petty jobs done through the

contractor and the workman was never engaged by it. That

no record relating to the workman is available with the

respondent-management. The action initiated by the

workman and others was not correct.

Following issues were framed for decision:—

1. Whether there exists a relationship of master and

servant between the employer and employee?

2. If the workman is an employee of the management-

respondent, whether the services of the workman

were terminated in violation of the provisions of

Section 25F and 25G of the Industrial Disputes Act?

If yes, to what relief the workman is entitled?

Parties were given opportunities to lead their evidence

in support of their case.

I have heard Sh. Brijesh Mittal for the workman and

Smt. Deepali Puri for the management and perused and file.

The issue wise findings are as follow:—

Issue No. 1

In support of this issue, the workman Som Dutt appeared

in the witness box and filed his affidavit reiterating his case

as set out in the statement of claim.

On the other hand respondent-management has

examined Sh. Amrik Singh Malhotra, SDE MGG, who filed

his affidavit supporting the case of the respondent-

management.

It was contended by the learned counsel for the

workman that the workman was employed by the

management and the workman worked there for sufficient

long time and he was entitled to the grant of 'termporary

status' but instead of granting him a 'termporary status',

his services were illegally terminated and he is entitled to

be reinstated in service with all the benefits. In support of

his contention, he has carried me through the advice note

and submitted that complaints were marked to workman

and counter-signed by the officers of the respondent-

department and thus, the workman was an employee of the

respondent-management and further submitted that though

respondent-management has pleaded that it used to give

contract for petty jobs but did not bring anything on file to

prove that it has ever given contract for the petty jobs,

which show that workman was directly employed by the

respondent-management.

I have considered the contentions raised by the learned

counsel.

The workman has agitated the matter before the Central

Administrative Tribunal as well as before the Hon'ble High

Court and this is 5th round of litigation he has initiated to

claim the relief of 'temporary status and reinstatement in

service'.

So far as the advice notes are concerned, these are not

proved on the file. If this was signed by some officers of

the respondent-management, the workman was required

to prove it by examining the said officers but no one was

examined. No reliance can be placed on the said paper to

hold that the workman was directly employed by the

respondent-management.

Respondent-management is a statutory body and

maintain its records for making any type of payment

including wages to its employees. The workman did not

produce any record to establish that he was ever paid any

wages by the respondent-management. He also did not

produce any appointment letter issued by the respondent-

management. In the circumstances, it is hard to believe

from the sole statement of the workman to hold that he was

ever engaged by the respondent-management.

If the management did not establish that it has given

contract for doing petty jobs, the workman do not draw

any benefit from it. It was for the workman to prove that he

was engaged by the respondent-management and it was

the respondent-management who used to pay him wages,

which he has failed to prove, and being so, the non-

production of any evidence regarding the giving of contract

by the respondent-management is of no consequence.

The contention raised by the learned counsel that the

respondent-management has not produced the record

despite moving of an application by him is of no

consequence as it is a stand of the respondent-management

that the workman was never its employee and being so, no

record was supposed to be maintained by it.

It is the case of the workman himself that he approached

the Central Administrative Tribunal who directed the

respondent-management to consider his case for the grant

of 'temporary status' vide order dated 18.10.2001. In

pursuance of the said order, the management passed order

dated 16.1.2002 holding that the workman was never

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vDrwcj 24] 2015@dk£rd 2] 1937

4207

engaged by it but was enaged through a contract and was

not entitled to the grant of 'temporary status under the

(grant of temporary status and regularization) Scheme 1989.

The workman along with others again filed OA No. 578/

PB/08 before the Central Administrative Tribunal, who

disposed off the same vide order dated 1.4.2010 upholding

the order passed by the respondent-management.

Thus, the department has concluded that workman was

not its employee, and the order passed by it was upheld by

the competent forum before whom the matter was agitated.

In the circumstances, the matter cannot be agitated time

and again. In view of the order of the competent tribunal

and the evidence discussed above, it cannot be said that

there was a relationship of master and servant between the

workman and the management.

In result, this issue is decided against the workman.

Issue No. 2

In view of findings under issue No. 1, this issue is also

decided against the workman.

In result, the workman is not entitled to any relief and

his claim is accordingly dismissed.

Let hard and soft copy of the award be sent to the

Central Government for futher necessary action.

KEWAL KRISHAN, Presiding Officer.

ubZ fnYyh] 12 vDrwcj] 2015

dk-vk- 2024-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj nwjlapkj]

ch,l,u,y] ifV;kyk vkSj nwljksa ds izca/kra= ds lac) fu;kstdksa

vkSj muds deZdkj ds chp vuqca/k esa fufnZ"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k ,oa Je U;k;ky;&2] paMhx<+

ds iapkV ¼lanHkZ lañ 206@2011½ dks izdkf'kr djrh gS tks dsUnzh;

ljdkj dks 12-10-2015 dks izkIr gqvk FkkA

[lañ ,y&42025@03@2015&vkbZvkj¼Mh;w½]

ihñ dsñ os.kqxksiky] MsLd vf/kdkjh

New Delhi, the 12th October, 2015

S.O. 2024.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (ID No. 206/2011) of the Central

Government Industrial Tribunal Cum Labour Court No. II,

Chandigarh now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of the Telecom, BSNL, Patiala & others and

their workmen, which was received by the Central

Government on 12.10.2015.

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

P. K. VENUGOPAL, Desk Officer.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II, CHANDIGARH

Present: Sri Kewal Krishan, Presiding Officer.

Case No. I.D. No. 206/2011

Registered on 12.7.2011

Sh. Manjeet Singh, S/o Late Sh. Garib Singh, R/o Village

Datarpur, P.O. Morinda, Tehsil & District Rupnagar.

.......Petitioner

Versus

General Manager, Telecom, BSNL, Patiala & Anr.

.......Respondents

APPEARANCES

For the workman

:

Sh. Barjesh Mittal, Adv.

For the Management

:

Sh. Rakesh Verma, Adv.

AWARD

Passed on 31.8.2015

The workman directly submitted statement of claim in

this Court, as his demand notice dated 20.02.2011, was not

adjudicated by Assistant Labour Commissioner within a

period of 45 days.

According to the workman, he was engaged as Daily

Rated Mazdoor/Helper Technician by the Office of

Divisional Engineer of the respondent-management on

September, 1997 on muster roll. He continuously worked

with the respondent-management and his services were

illegally terminated on 31.03.1999. The record of muster roll

and work register are available with the management.

The workman along with others filed OA No. 671-PB-99

before the Central Administrative Tribunal, which was

decided vide order dated 18.10.2001 with the following

observations:—

"In view of the decision of the Full Bench and the

Stand taken by the Learned Counsel for the

respondents, original Application disposed off with

a direction to them to consider the case of the

applicants, for grant of Temporary Status, within a

period of 2 months from today and in case the

applicants are held entitled to the grant of Temporary

Status, they shall be taken back in service, if not

already in service, and grant them consequential

benefits, in terms of continuity of service except

that they shall not be entitled to the salary for the

period they remained out of job, but for other

purposes, they shall be deemed to be in service. No

costs."

In compliance of the said order, the respondent-

management passed order dated 16.1.2002 holding that

4208

THE GAZETTE OF INDIA : OCTOBER 24, 2015/KARTIKA 2, 1937

[PART II—SEC. 3 (ii)]

workman and others are not entitled to temporary status

and regularization under the 'Casual Labourers' (Grant of

Temporary Status and Regulaization) Scheme, 1989 on the

ground that they were engaged through contractor.

The workman and others filed Civil Writ Petition No.

1904 of 2002 which was disposed off by the Hon'ble High

Court with the following observations:—

"We have heard the Ld. Counsel for the parties. It is

the case of the petitioners that though initially they

have been employed as Daily Rated Employees

through a Contractor but on the scraping of the

contract system, after 1999, the petitioner had been

in employment and paid directly by the Respondent

Company. The petitioners however, made overments

in the petition in this regard, but have not been able

to produce on record any documentary evidence. In

the reply filed by the respondents, the positive stand

is that the petitioners continued to be employed on

contract basis through a Contractor. We accordingly

find that the dispute inter-se parties appear to be

one of the disputed questions of fact. We accordingly

relegate the petitioners to their remedy before the

Labour Court."

The workman and others filed an application No. 966 of

2003 before the Learned Presiding Officer, Labour Court,

Patiala, where the matter remained pending and the

Government of India issued a notification dated 31.10.2008

transferring jurisdiction regarding service matters to the

Central Administrative Tribunal. The application before the

Labour Court was withdrawn on 26.9.2008. The workman

and others filed OA No. 578/PB/08 before the Hon'ble CAT,

Chandigarh who decided the same vide award dated

1.4.2010 holding as follow:—

"For the above reasons, the relief prayed by the

applicant in the present OA is hereby declined as we

find no illegality in the orders impugned and passed

by the respondents vide Annexure P-2 dated

16.1.2002. The OA stands disposed off with the

observations given above, however, with no order

as to costs."

The said order was challenged before the Hon'ble High

Court by filing Civil Writ Petition No. 19844 of 2010, which

was dismissed on 9.11.2010, holding that workers have

failed to prove that they were employed by the department

and further held that it is a question of fact, which cannot

be gone into in proceedings under Article 226 of the

Constitution.

In these circumsances, the workman was left with no

option, but to agitate the matter before this Court for

adjudication, whether he was engaged direcly by the

respondent-management and further pleaded that he be

reinstated in service with all the benefits.

Respondent-management filed written reply denying

that workman was ever employed by it or there was any

relationship of master and servant between the parties. It

is pleaded that the respondent-management was entering

into contracts for getting the petty jobs done through the

contractor and the workman was never engaged by it. That

no record relating to the workman is available with the

respondent-management. The action initiated by the

workman and others was not correct.

Following issues were framed for decision:—

1. Whether there exists a relationship of master and

servant between the employer and employee?

2. If the workman is an employee of the management-

respondent, whether the services of the workman

were terminated in violation of the provisions of

Section 25F and 25G of the Industrial Disputes Act?

If yes, to what relief the workman is entitled?

Parties were given opportunities to lead their evidence

in support of their case.

I have heard Sh. Brijesh Mittal for the workman and

Smt. Deepali Puri for the management and perused the file.

The issue wise findings are as follow:—

Issue No. 1

In support of this issue, the workman Som Dutt appeared

in the witness box and filed his affidavit reiterating his case

as set out in the statement of claim.

On the other hand respondent-management has

examined Sh. Amrik Singh Malhotra, SDE MGG, who filed

his affidavit supporting the case of the respondent-

management.

It was contended by the learned counsel for the

workman that the workman was employed by the

management and the workman worked there for sufficient

long time and he was entitled to the grant of 'termporary

status' but instead of granting him a 'termporary status',

his services were illegally terminated and he is entitled to

be reinstated in service with all the benefits. In support of

his contention, he has carried me through the advice note

and submitted that complaints were marked to workman

and counter-signed by the officers of the respondent-

department and thus, the workman was an employee of the

respondent-management and further submitted that though

respondent-management has pleaded that it used to give

contract for petty jobs but did not bring anything on file to

prove that it has ever given contract for the petty jobs,

which show that workman was directly employed by the

respondent-management.

I have considered the contentions raised by the learned

counsel.

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vDrwcj 24] 2015@dk£rd 2] 1937

4209

The workman has agitated the matter before the Central

Administrative Tribunal as well as before the Hon'ble High

Court and this is 5th round of litigation he has initiated to

claim the relief of 'temporary status and reinstatement in

service'.

So far as the advice notes are concerned, these are not

proved on the file. If this was signed by some officers of

the respondent-management, the workman was required

to prove it by examining the said officers but no one was

examined. No reliance can be placeed on the said paper to

hold that the workman was directly employed by the

respondent-management.

Respondent-management is a statutory body and

maintain its records for making any type of payment

including wages to its employees. The workman did not

produce any record to establish that he was ever paid any

wages by the respondent-management. He also did not

produce any appointment letter issued by the respondent-

management. In the circumstances, it is hard to believe

from the statement of the workman to hold that he was ever

engaged by the respondent-management.

If the management did not establish that it has given

contract for doing petty jobs, the workman do not draw

any benefit from it. It was for the workman to prove that he

was engaged by the respondent-management and it was

the respondent-management who used to pay him wages,

which he has failed to prove, and being so, the non-

production of any evidence regarding the giving of contract

by the respondent-management is of no consequence.

The contention raised by the learned counsel that the

respondent-management has not produced the record

despite moving of an application by him is of no

consequence as it is a stand of the respondent-management

that the workman was never its employee and being so, no

record was supposed to be maintained by it.

It is the case of the workman himself that he approached

the Central Administrative Tribunal who directed the

respondent-management to consider his case for the grant

of 'temporary status' vide order dated 18.10.2001. In

pursuance of the said order, the management passed order

dated 16.1.2002 holding that the workman was never

engaged by it but was enaged through a contract and was

not entitled to the grant of 'temporary status under the

(grant of temporary status and regularization) Scheme 1989.

The workman along with others again filed OA No. 578/

PB/08 before the Central Administrative Tribunal, who

disposed off the same vide order dated 1.4.2010 upholding

the order passed by the respondent-management.

Thus, the department has concluded that workman was

not its employee, and the order passed by it was upheld by

the competent forum before whom the matter was agitated.

In the circumstances, the matter cannot be agitated time

and again. In view of the order of the competent tribunal

and the evidence discussed above, it cannot be said that

there was a relationship of master and servant between the

workman and the management.

In result, this issue is decided against the workman.

Issue No. 2

In view of findings under issue No. 1, this issue is also

decided against the workman.

In result, the workman is not entitled to any relief and

his claim is accordingly dismissed.

Let hard and soft copy of the award be sent to the

Central Government for futher necessary action.

KEWAL KRISHAN, Presiding Officer.

ubZ fnYyh] 12 vDrwcj] 2015

dk-vk- 2025-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj nwjlapkj]

ch,l,u,y] ifV;kyk vkSj nwljksa ds izca/kra= ds lac) fu;kstdksa

vkSj muds deZdkj ds chp vuqca/k esa fufnZ"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k ,oa Je U;k;ky;&2] paMhx<+

ds iapkV ¼lanHkZ lañ 208@2011 dks izdkf'kr djrh gS tks dsUnzh;

ljdkj dks 12-10-2015 dks izkIr gqvk FkkA

[lañ ,y&42025@03@2015&vkbZvkj¼Mh;w½]

ihñ dsñ os.kqxksiky] MsLd vf/kdkjh

New Delhi, the 12th October, 2015

S.O. 2025.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (ID No. 208/2011) of the Central

Government Industrial Tribunal Cum Labour Court No. II,

Chandigarh now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of the Telecom, BSNL, Patiala & others and

their workmen, which was received by the Central

Government on 12.10.2015.

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

P. K. VENUGOPAL, Desk Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II, CHANDIGARH

Present: Sri Kewal Krishan, Presiding Officer.

Case No. I.D. No. 208/2011

Registered on 12.7.2011

Sh. Chet Pal, S/o Sh. Chela Ram, R/o H.No. 236, Prem

Nagar, Ward No. 6, Gali No. 8, Tehsil Amloh, Mandi

Gobindgarh, District Fatehgarh Sahib.

.......Petitioner

4210

THE GAZETTE OF INDIA : OCTOBER 24, 2015/KARTIKA 2, 1937

[PART II—SEC. 3 (ii)]

Versus

General Manager, Telecom, BSNL, Patiala & Anr.

.......Respondents

APPEARANCES

For the workman

:

Sh. Barjesh Mittal, Adv.

For the Management

:

Mrs. Deepali Puri, Adv.

AWARD

Passed on 31.8.2015

The workman directly submitted statement of claim in

this Court, as his demand notice dated 20.02.2011, was not

adjudicated by Assistant Labour Commissioner within a

period of 45 days.

According to the workman, he was engaged as Daily

Rated Mazdoor/Safai Karamchari by the Office of Divisional

Engineer of the respondent-management in January, 1998

on muster roll. He continuously worked with the

respondent-management and his services were illegally

terminated on 24.05.2003. The record of muster roll and

work register are available with the management.

The workman along with others filed OA No. 671-PB-99

before the Central Administrative Tribunal, which was

decided vide order dated 18.10.2001 with the following

observations:—

"In view of the decision of the Full Bench and the

Stand taken by the Learned Counsel for the

respondents, original Application disposed off with

a direction to them to consider the case of the

applicants, for grant of Temporary Status, within a

period of 2 months from today and in case the

applicants are held entitled to the grant of Temporary

Status, they shall be taken back in service, if not

already in service, and grant them consequential

benefits, in terms of continuity of service except

that they shall not be entitled to the salary for the

period they remained out of job, but for other

purposes, they shall be deemed to be in service. No

costs."

In compliance of the said order, the respondent-

management passed order dated 16.1.2002 holding that

workman and others are not entitled to temporary status

and regularization under the 'Casual Labourers' (Grant of

Temporary Status and Regulaization) Scheme, 1989 on the

ground that they were engaged through contractor.

The workman and others filed Civil Writ Petition No.

1904 of 2002 which was disposed off by the Hon'ble High

Court with the following observations:—

"We have heard the Ld. Counsel for the parties. It is

the case of the petitioners that though initially they

have been employed as Daily Rated Employees

through a Contractor but on the scraping of the

contract system, after 1999, the petitioner had been

in employment and paid directly by the Respondent

Company. The petitioners however, made overments

in the petition in this regard, but have not been able

to produce on record any documentary evidence. In

the reply filed by the respondents, the positive stand

is that the petitioners continued to be employed on

contract basis through a Contractor. We accordingly

find that the dispute inter-se parties appear to be

one of the disputed questions of fact. We accordingly

relegate the petitioners to their remedy before the

Labour Court."

The workman and others filed an application No. 966 of

2003 before the Learned Presiding Officer, Labour Court,

Patiala, where the matter remained pending and the

Government of India issued a notification dated 31.10.2008

transferring jurisdiction regarding service matters to the

Central Administrative Tribunal. The application before the

Labour Court was withdrawn on 26.9.2008. The workman

and others filed OA No. 578/PB/08 before the Hon'ble CAT,

Chandigarh who decided the same vide award dated 1.4.2010

holding as follow:—

"For the above reasons, the relief prayed by the

applicant in the present OA is hereby declined as we

find no illegality in the orders impugned and passed

by the respondents vide Annexure P-2 dated

16.1.2002. The OA stands disposed off with the

observations given above, however, with no order as

to costs."

The said order was challenged before the Hon'ble High

Court by filing Civil Writ Petition No. 19844 of 2010, which

was dismissed on 9.11.2010, holding that workers have

failed to prove that they were employed by the department

and further held that it is a question of fact, which cannot

be gone into in proceedings under Article 226 of the

Constitution.

In these circumsances, the workman was left with no

option, but to agitate the matter before this Court for

adjudication, whether he was engaged direcly by the

respondent-management and further pleaded that he be

reinstated in service with all the benefits.

Respondent-management filed written reply denying

that workman was ever employed by it or there was any

relationship of master and servant between the parties. It

is pleaded that the respondent-management was entering

into contracts for getting the petty jobs done through the

contractor and the workman was never engaged by it. That

no record relating to the workman is available with the

respondent-management. The action initiated by the

workman and others was not correct.

Following issues were framed for decision:—

1. Whether there exists a relationship of master and

servant between the employer and employee?

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vDrwcj 24] 2015@dk£rd 2] 1937

4211

2. If the workman is an employee of the management-

respondent, whether the services of the workman

were terminated in violation of the provisions of

Section 25F and 25G of the Industrial Disputes Act?

If yes, to what relief the workman is entitled?

Parties were given opportunities to lead their evidence

in support of their case.

I have heard Sh. Brijesh Mittal for the workman and

Smt. Deepali Puri for the management and perused and file.

The issue wise findings are as follow:—

Issue No. 1

In support of this issue, the workman Som Dutt appeared

in the witness box and filed his affidavit reiterating his case

as set out in the statement of claim.

On the other hand respondent-management has

examined Sh. Amrik Singh Malhotra, SDE MGG, who filed

his affidavit supporting the case of the respondent-

management.

It was contended by the learned counsel for the

workman that the workman was employed by the

management and the workman worked there for sufficient

long time and he was entitled to the grant of 'termporary

status' but instead of granting him a 'termporary status',

his services were illegally terminated and he is entitled to

be reinstated in service with all the benefits. In support of

his contention, he has carried me through the advice note

and submitted that complaints were marked to workman

and counter-signed by the officers of the respondent-

department and thus, the workman was an employee of the

respondent-management and further submitted that

through respondent-management has pleaded that it used

to give contract for petty jobs but did not bring anything

on file to prove that it has ever given contract for the petty

jobs, which show that workman was directly employed by

the respondent-management.

I have considered the contentions raised by the learned

counsel.

The workman has agitated the matter before the Central

Administrative Tribunal as well as before the Hon'ble High

Court and this is 5th round of litigation he has initiated to

claim the relief of 'temporary status and reinstatement in

service'.

So far as the advice notes are concerned, these are not

proved on the file. If this was signed by some officers of

the respondent-management, the workman was required

to prove it by examining the said officers but no one was

examined. No reliance can be placed on the said paper to

hold that the workman was directly employed by the

respondent-management.

Respondent-management is a statutory body and

maintain its records for making any type of payment

including wages to its employees. The workman did not

produce any record to establish that he was ever paid any

wages by the respondent-management. He also did not

produce any appointment letter issued by the respondent-

management. In the circumstances, it is hard to believe

from the statement of the workman to hold that he was ever

engaged by the respondent-management.

If the management did not establish that it has given

contract for doing petty jobs, the workman do not draw

any benefit from it. It was for the workman to prove that he

was engaged by the respondent-management and it was

the respondent-management who used to pay him wages,

which he has failed to prove, and being so, the non-

production of any evidence regarding the giving of contract

by the respondent-management is of no consequence.

The contention raised by the learned counsel that the

respondent-management has not produced the record

despite moving of an application by him is of no

consequence as it is a stand of the respondent-management

that the workman was never its employee and being so, no

record was supposed to be maintained by it.

It is the case of the workman himself that he approached

the Central Administrative Tribunal who directed the

respondent-management to consider his case for the grant

of 'temporary status' vide order dated 18.10.2001. In

pursuance of the said order, the management passed order

dated 16.1.2002 holding that the workman was never

engaged by it but was enaged through a contract and was

not entitled to the grant of 'temporary status under the

(grant of temporary status and regularization) Scheme 1989.

The workman along with others again filed OA No. 578/

PB/08 before the Central Administrative Tribunal, who

disposed off the same vide order dated 1.4.2010 upholding

the order passed by the respondent-management.

Thus, the department has concluded that workman was

not its employee, and the order passed by it was upheld by

the competent forum before whom the matter was agitated.

In the circumstances, the matter cannot be agitated time

and again. In view of the order of the competent tribunal

and the evidence discussed above, it cannot be said that

there was a relationship of master and servant between the

workman and the management.

In result, this issue is decided against the workman.

Issue No. 2

In view of findings under issue No. 1, this issue is also

decided against the workman.

In result, the workman is not entitled to any relief and

his claim is accordingly dismissed.

Let hard and soft copy of the award be sent to the

Central Government for futher necessary action.

KEWAL KRISHAN, Presiding Officer

4212

THE GAZETTE OF INDIA : OCTOBER 24, 2015/KARTIKA 2, 1937

[PART II—SEC. 3 (ii)]

ubZ fnYyh] 12 vDrwcj] 2015

dk-vk- 2026-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj nwjlapkj]

ch,l,u,y] ifV;kyk vkSj nwljksa ds izca/kra= ds lac) fu;kstdksa

vkSj muds deZdkj ds chp vuqca/k esa fufnZ"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k ,oa Je U;k;ky;&2] paMhx<+

ds iapkV ¼lanHkZ lañ 209@2011½ dks izdkf'kr djrh gS tks dsUnzh;

ljdkj dks 12@10@2015 dks izkIr gqvk FkkA

[lañ ,y&42025@03@2015&vkbZvkj ¼Mh;w½]

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

New Delhi, the 12th October, 2015

S.O. 2026.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (I.D. No. 209/2011) of the

Central Government Industrial Tribunal-cum-Labour Court

No. II, Chandigarh now as shown in the Annexure in the

Industrial Dispute between the employers in relation to the

management of the Telecom, BSNL, Patiala & others and

their workmen, which was received by the Central

Government on 12/10/2015.

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

P. K. VENUGOPAL, Desk Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II, CHANDIGARH

Present: Sri Kewal Krishan, Presiding Officer

Case No. I.D. No. 209/2011

Registered on 12.7.2011

Sh. Manjinder Preet Singh S/o Late Sh. Sarwan Singh,

R/o Village Isher-Hail, P.O. Balhari Kalan, Tehsil & District

Fatehgarh Sahib.

... Petitioner

Versus

General Manager, Telecom, BSNL, Patiala & Anr.

... Respondents

APPEARANCES

For the workman

:

Sh. Barjesh Mittal, Adv.

For the Management

:

Sh. Rakesh Verma, Adv.

AWARD

Passed on 31.8.2015

The workman directly submitted statement of claim in

this Court, as his demand notice dated 20.02.2011, was not

adjudicated by Assistant Labour Commissioner within a

period of 45 days.

According to the workman, he was engaged as Daily

Rated Mazdoor/Helper Technician by the Office of

Divisional Engineer of the respondent-management in

November, 1995 on muster roll. He continuously worked

with the respondent-management and his services were

illegally terminated on 03.03.1999. The record of muster roll

and work register are available with the management.

The workman along with others filed OA No. 671-PB-99

before the Central Administrative Tribunal, which was

decided vide order dated 18.10.2001 with the following

observations:—

"In view of the decision of the Full Bench and the

Stand taken by the Learned Counsel for the

respondents, original Application disposed off with

a direction to them to consider the case of the

applicants, for grant of Temporary Status, within a

period of 2 months from today and in case the

applicants are held entitled to the grant of Temporary

Status, they shall be taken back in service, if not

already in service, and grant them consequential

benefits, in terms of continuity of service except

that they shall not be entitled to the salary for the

period they remained out of job, but for other

purposes, they shall be deemed to be in service. No

costs."

In compliance of the said order, the respondent-

management passed order dated 16.1.2002 holding that

workman and others are not entitled to temporary status

and regularization under the 'Casual Labourers' (Grant of

Temporary Status and Regulaization) Scheme, 1989 on the

ground that they were engaged through contractor.

The workman and others filed Civil Writ Petition No.

1904 of 2002 which was disposed off by the Hon'ble High

Court with the following observations:—

"We have heard the Ld. Counsel for the parties. It is

the case of the petitioners that though initially they

have been employed as Daily Rated Employees

through a Contractor but on the scraping of the

contract system, after 1999, the petitioner had been

in employment and paid directly by the Respondent

Company. The petitioners however, made averments

in the petition in this regard, but have not been able

to produce on record any documentary evidence. In

the reply filed by the respondents, the positive stand

is that the petitioners continued to be employed on

contract basis through a Contractor. We accordingly

find that the dispute inter-se parties appear to be

one of the disputed questions of fact. We accordingly

relegate the petitioners to their remedy before the

Labour Court."

The workman and others filed an application No. 966 of

2003 before the Learned Presiding Officer, Labour Court,

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vDrwcj 24] 2015@dk£rd 2] 1937

4213

Patiala, where the matter remained pending and the

Government of India issued a notification dated 31.10.2008

transferring jurisdiction regarding service matters to the

Central Administrative Tribunal. The application before the

Labour Court was withdrawn on 26.9.2008. The workman

and others filed OA No. 578/PB/08 before the Hon'ble CAT,

Chandigarh who decided the same vide award dated 1.4.2010

holding as follow:—

"For the above reasons, the relief prayed by the

applicant in the present OA is hereby declined as we

find no illegality in the orders impugned and passed

by the respondents vide Annexure P-2 dated

16.1.2002. The OA stands disposed off with the

observations given above, however, with no order as

to costs."

The said order was challenged before the Hon'ble High

Court by filing Civil Writ Petition No. 19844 of 2010, which

was dismissed on 9.11.2010, holding that workers have

failed to prove that they were employed by the department

and further held that it is a question of fact, which cannot

be gone into in proceedings under Article 226 of the

Constitution.

In these circumstances, the workman was left with no

option, but to agitate the matter before this Court for

adjudication, whether he was engaged direcly by the

respondent-management and further pleaded that he be

reinstated in service with all the benefits.

Respondent-management filed written reply denying

that workman was ever employed by it or there was any

relationship of master and servant between the parties. It

is pleaded that the respondent-management was entering

into contracts for getting the petty jobs done through the

contractor and the workman was never engaged by it. That

no record relating to the workman is available with the

respondent-management. The action initiated by the

workman and others was not correct.

Following issues were framed for decision:—

1. Whether there exists a relationship of master and

servant between the employer and employee?

2. If the workman is an employee of the management-

respondent, whether the services of the workman

were terminated in violation of the provisions of

Section 25F and 25G of the Industrial Disputes Act?

If yes, to what relief the workman is entitled?

Parties were given opportunities to lead their evidence

in support of their case.

I have heard Sh. Brijesh Mittal for the workman and

Smt. Deepali Puri for the management and perused and file.

The issue wise findings are as follow:—

Issue No. 1:—

In support of this issue, the workman Som Dutt appeared

in the witness box and filed his affidavit reiterating his case

as set out in the statement of claim.

On the other hand respondent-management has

examined Sh. Amrik Singh Malhotra, SDE MGG, who filed

his affidavit supporting the case of the respondent-

management.

It was contended by the learned counsel for the

workman that the workman was employed by the

management and the workman worked there for sufficient

long time and he was entitled to the grant of 'termporary

status' but instead of granting him a 'temporary status', his

services were illegally terminated and he is entitled to be

reinstated in service with all the benefits. In support of his

contention, he has carried me through the advice note and

submitted that complaints were marked to workman and

counter-signed by the officers of the respondent-

department and thus, the workman was an employee of the

respondent-management and further submitted that though

respondent-management has pleaded that it used to give

contract for petty jobs but did not bring anything on file to

prove that it has ever given contract for the petty jobs,

which show that workman was directly employed by the

respondent-management.

I have considered the contentions raised by the learned

counsel.

The workman has agitated the matter before the Central

Administrative Tribunal as well as before the Hon'ble High

Court and this is 5th round of litigation he has initiated to

claim the relief of 'temporary status and reinstatement in

service'.

So far as the advice notes are concerned, these are not

proved on the file. If this was signed by some officers of

the respondent-management, the workman was required

to prove it by examining the said officers but no one was

examined. No reliance can be placed on the said paper to

hold that the workman was directly employed by the

respondent-management.

Respondent-management is a statutory body and

maintain its records for making any type of payment

including wages to its employees. The workman did not

produce any record to establish that he was ever paid any

wages by the respondent-management. He also did not

produce any appointment letter issued by the respondent-

management. In the circumstances, it is hard to believe

from the sole statement of the workman to hold that he was

ever engaged by the respondent-management.

If the management did not establish that it has given

contract for doing petty jobs, the workman do not draw

any benefit from it. It was for the workman to prove that he

was engaged by the respondent-management and it was

the respondent-management who used to pay him wages,

4214

THE GAZETTE OF INDIA : OCTOBER 24, 2015/KARTIKA 2, 1937

[PART II—SEC. 3 (ii)]

which he has failed to prove, and being so, the non-

production of any evidence regarding the giving of contract

by the respondent-management is of no consequence.

The contention raised by the learned counsel that the

respondent-management has not produced the record

despite moving of an application by him is of no

consequence as it is a stand of the respondent-management

that the workman was never its employee and being so, no

record was supposed to be maintained by it.

It is the case of the workman himself that he approached

the Central Administrative Tribunal who directed the

respondent-management to consider his case for the grant

of 'temporary status' vide order dated 18.10.2001. In

pursuance of the said order, the management passed order

dated 16.1.2002 holding that the workman was never

engaged by it but was enaged through a contract and was

not entitled to the grant of 'temporary status under the

(grant of temporary status and regularization) Scheme 1989.

The workman along with others again filed OA No. 578/

PB/08 before the Central Administrative Tribunal, who

disposed off the same vide order dated 1.4.2010 upholding

the order passed by the respondent-management.

Thus, the department has concluded that workman was

not its employee, and the order passed by it was upheld by

the competent forum before whom the matter was agitated.

In the circumstances, the matter cannot be agitated time

and again. In view of the order of the competent tribunal

and the evidence discussed above, it cannot be said that

there was a relationship of master and servant between the

workman and the management.

In result, this issue is decided against the workman.

Issue No. 2:—

In view of findings under issue No. 1, this issue is also

decided against the workman.

In result, the workman is not entitled to any relief and

his claim is accordingly dismissed.

Let hard and soft copy of the award be sent to the

Central Government for futher necessary action.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh 12 vDrwcj] 2015

dk-vk- 2027-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj nwjlapkj]

ch,l,u,y] ifV;kyk vkSj nwljksa ds izca/kra= ds lac) fu;kstdksa

vkSj muds deZdkj ds chp vuqca/k esa fufnZ"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k ,oa Je U;k;ky; 2] paMhx<+ ds

iapkV ¼lanHkZ lañ 210@2011½ dks izdkf'kr djrh gS tks dsUnzh; ljdkj

dks 12@10@2015 dks izkIr gqvk FkkA

[lañ ,y&42025@03@2015&vkbZvkj¼Mh;w½]

ihñ dsñ os.kqxksiky] MsLd vf/kdkjh

New Delhi, the 12th October, 2015

S.O. 2027.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (I.D. No. 210/2011) of the

Central Government Industrial Tribunal Cum Labour Court

No. II, Chandigarh now as shown in the Annexure in the

Industrial Dispute between the employers in relation to the

management of the Telecom, BSNL, Patiala & others and

their workmen, which was received by the Central

Government on 12/10/2015.

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

P.K. VENUGOPAL, Desk Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II, CHANDIGARH

Present: Sri Kewal Krishan, Presiding Officer

Case No. I.D. No. 210/2011

Registered on 12.7.2011

Sh. Girja Shankar Pandey, S/o Late Sh. Kamla Pandey,

Residence of C/o Manjet Singh, Village Datarpur, P.O.

Morinda, Tehsil & District Rupnagar

...Petitioner

Versus

General Manager, Telecom, BSNL, Patiala & Anr.

...Respondents

APPEARANCES

For the workman

:

Sh. Barjesh Mittal, Adv.

For the Management

:

Mrs. Deepali Puri, Adv.

AWARD

Passed on 31.8.2015

The workman directly submitted statement of claim in

this Court, as his demand notice dated 20.02.2011, was not

adjudicated by Assistant Labour Commissioner within a

period of 45 days.

According to the workman, he was engaged as Daily

Rated Mazdoor/Helper Technician by the Office of

Divisional Engineer of the respondent-management in June,

1994 on muster roll. He continuously worked with the

respondent-management and his services were illegally

terminated on 24.05.2003. The record of muster roll and

work register are available with the management.

The workman along with others filed OA No. 671-PB-99

before the Central Administrative Tribunal, which was

decided vide order dated 18.10.2001 with the following

observations:—

"In view of the decision of the Full Bench and the Stand

taken by the Learned Counsel for the respondents, original

Application disposed off with a direction to them to

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vDrwcj 24] 2015@dk£rd 2] 1937

4215

consider the case of the applicants, for grant of Temporary

Status, within a period of 2 months from today and in case

the applicants are held entitled to the grant of Temporary

Status, they shall be taken back in service, if not already in

service, and grant them consequential benefits, in terms of

continuity of service except that they shall not be entitled

to the salary for the period they remained out of job, but for

other purposes, they shall be deemed to be in service. No

costs."

In compliance of the said order, the respondent-

management passed order dated 16.1.2002 holding that

workman and others are not entitled to temporary status

and regularization under the 'Casual Labourers' (Grant of

Temporary Status and Regularization) Scheme, 1989 on the

ground that they were engaged through contractor.

The workman and others filed Civil Writ Petition No.

1904 of 2002 which was disposed off by the Hon'ble High

Court with the following observations:—

"We have heard the Ld. Counsel for the parties. It is

the case of the petitioners that though initially they

have been employed as Daily Rated Employees

through a Contractor but on the scraping of the

contract system, after 1999, the petitioner had been

in employment and paid directly by the Respondent

Company. The petitioners however, made averments

in the petition in this regard, but have not been able

to produce on record any documentary evidence. In

the reply filed by the respondents, the positive stand

is that the petitioners continued to be employed on

contract basis through a Contractor. We accordingly

find that the dispute inter-se parties appear to be

one of the disputed questions of fact. We accordingly

relegate the petitioners to their remedy before the

Labour Court."

The workman and others filed an application No. 966 of

2003 before the Learned Presiding Officer, Labour Court,

Patiala, where the matter remained pending and the

Government of India issued a notification dated 31.10.2008

transferring jurisdiction regarding service matters to the

Central Administrative Tribunal. The application before the

Labour Court was withdrawn on 26.9.2008. The workman

and others filed OA No. 578/PB/08 before the Hon'ble CAT,

Chandigarh who decided the same vide award dated 1.4.2010

holding as follow:—

"For the above reasons, the relief prayed by the

applicant in the present OA is hereby declined as we

find no illegality in the orders impugned and passed

by the respondents vide Annexure P-2 dated

16.1.2002. The OA stands disposed off with the

observations given above, however, with no order

as to costs."

The said order was challenged before the Hon'ble High

Court by filing Civil Writ Petition No. 19844 of 2010, which

was dismissed on 9.11.2010, holding that workers have

failed to prove that they were employed by the department

and further held that it is a question of fact, which cannot

be gone into in proceedings under Article 226 of the

Constitution.

In these circumstances, the workman was left with no

option, but to agitate the matter before this Court for

adjudication, whether he was engaged directly by the

respondent-management and further pleaded that he be

reinstated in service with all the benefits.

Respondent-management filed written reply denying

that workman was ever employed by it or there was any

relationship of master and servant between the parties. It

is pleaded that the respondent-management was entering

into contracts for getting the petty jobs done through the

contractor and the workman was never engaged by it. That

no record relating to the workman is available with the

respondent-management. The action initiated by the

workman and others was not correct.

Following issues were framed for decision:—

1. Whether there exists a relationship of master and

servant between the employer and employee?

2. If the workman is an employee of the management-

respondent, whether the services of the workman

were terminated in violation of the provisions of

Section 25F and 25G of the Industrial Disputes Act?

If yes, to what relief the workman is entitled?

Parties were given opportunities to lead their evidence

in support of their case.

I have heard Sh. Brijesh Mittal for the workman and

Smt. Deepali Puri for the management and perused the file.

The issue wise findings are as follow:—

Issue No. 1:—

In support of this issue, the workman Som Dutt appeared

in the witness box and filed his affidavit reiterating his case

as set out in the statement of claim.

On the other hand respondent-management has

examined Sh. Amrik Singh Malhotra, SDE MGG, who filed

his affidavit supporting the case of the respondent-

management.

It was contended by the learned counsel for the

workman that the workman was employed by the

management and the workman worked there for sufficient

long time and he was entitled to the grant of 'temporary

status' but instead of granting him a 'temporary status', his

services were illegally terminated and he is entitled to be

reinstated in service with all the benefits. In support of his

contention, he has carried me through the advice note and

4216

THE GAZETTE OF INDIA : OCTOBER 24, 2015/KARTIKA 2, 1937

[PART II—SEC. 3 (ii)]

submitted that complaints were marked to workman and

counter-signed by the officers of the respondent-

department and thus, the workman was an employee of the

respondent-management and further submitted that though

respondent-management has pleaded that it used to give

contract for petty jobs but did not bring anything on file to

prove that it has ever given contract for the petty jobs,

which show that workman was directly employed by the

respondent-management.

I have considered the contentions raised by the learned

counsel.

The workman has agitated the matter before the Central

Administrative Tribunal as well as before the Hon'ble High

Court and this is 5th round of litigation he has initiated to

claim the relief of 'temporary status and reinstatement in

service'.

So far as the advice notes are concerned, these are not

proved on the file. If this was signed by some officers of

the respondent-management, the workman was required

to prove it by examining the said officers but no one was

examined. No reliance can be placed on the said paper to

hold that the workman was directly employed by the

respondent-management.

Respondent-management is a statutory body and

maintain its records for making any type of payment

including wages to its employees. The workman did not

produce any record to establish that he was ever paid any

wages by the respondent-management. He also did not

produce any appointment letter issued by the respondent-

management. In the circumstances, it is hard to believe

from the sole statement of the workman to hold that he was

ever engaged by the respondent-management.

If the management did not establish that it has given

contract for doing petty jobs, the workman do not draw

any benefit from it. It was for the workman to prove that he

was engaged by the respondent-management and it was

the respondent-management who used to pay him wages,

which he has failed to prove, and being so, the non-

production of any evidence regarding the giving of contract

by the respondent-management is of no consequence.

The contention raised by the learned counsel that the

respondent-management has not produced the record

despite moving of an application by him is of no

consequence as it is a stand of the respondent-management

that the workman was never its employee and being so, no

record was supposed to be maintained by it.

It is the case of the workman himself that he approached

the Central Administrative Tribunal who directed the

respondent-management to consider his case for the grant

of 'temporary status' vide order dated 18.10.2001. In

pursuance of the said order, the management passed order

dated 16.1.2002 holding that the workman was never

engaged by it but was engaged through a contract and

was not entitled to the grant of 'temporary status under the

(grant of temporary status and regularization) Scheme 1989.

The workman alongwith others again filed OA No. 578/

PB/08 before the Central Administrative Tribunal, who

disposed off the same vide order dated 1.4.2010 upholding

the order passed by the respondent-management.

Thus, the department has concluded that workman was

not its employee, and the order passed by it was upheld by

the competent forum before whom the matter was agitated.

In the circumstances, the matter cannot be agitated time

and again. In view of the order of the competent tribunal

and the evidence discussed above, it cannot be said that

there was a relationship of master and servant between the

workman and the management.

In result, this issue is decided against the workman.

Issue No. 2:—

In view of findings under issue No. 1, this issue is also

decided against the workman.

In result, the workman is not entitled to any relief and

his claim is accordingly dismissed.

Let hard and soft copy of the award be sent to the

Central Government for further necessary action.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh] 12 vDrwcj] 2015

dk-vk- 2028-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dksy iufctyh

cka/k izkstsDV] ,uVhihlh] fcykliqj ds izca/kra= ds lac) fu;kstdksa

vkSj muds deZdkj ds chp vuqca/k esa fufnZ"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k ,oa Je U;k;ky; 2] paMhx<+ ds

iapkV ¼lanHkZ lañ 168@2011½ dks izdkf'kr djrh gS tks dsUnzh; ljdkj

dks 12@10@2015 dks izkIr gqvk FkkA

[lañ ,y&42012@253@2010&vkbZvkj ¼Mh;w½]

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

New Delhi, the 12th October, 2015

S.O. 2028.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (I.D. No. 168/2011) of the

Central Government Industrial Tribunal Cum Labour Court

No. II, Chandigarh now as shown in the Annexure in the

Industrial Dispute between the employers in relation to the

management of the Kol Dam Hydro Electric Power Project,

NTPC, Bilaspur and their workmen, which was received by

the Central Government on 12/10/2015.

[No. L-42012/253/2010-IR (DU)]

P. K. VENUGOPAL, Desk Officer

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vDrwcj 24] 2015@dk£rd 2] 1937

4217

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II, CHANDIGARH

Present: Sri Kewal Krishan, Presiding Officer

Case No. 168/2011

Registered on 24.5.2011

Sh. Shyam Lal S/o Sh. Durga Ram, Vill. Hawanikal, PO

Kandhar, Tehsil Arki, Solan (Himachal Pradesh).

.....Applicant

Versus

1. The General Manager, Kol Dam Hydro Electric Power

Project, NTPC, VPO Barmana, Bilaspur.

2. The Managing Dir., M/s AKS Engineers and

Contractors Kol Dam Hydro Electric Power Project, Sanjay

Sadan, Chhota Shimla-171002

3. Proj. Manager, Italian Thai Development Co. Ltd., Kol

Dam Hydra Electric Power Project, Village Kayan, PO

Slapper, Tehsil. Sundernagar, Mandi.

......Respondents

APPEARANCES

For the workman

: Sh. M.S. Gorsi, Adv.

For the Management : Resp. No. 1 and 2 ex parte

Sh. H.R. Sharma for Resp. No. 3

AWARD

Passed on: 7.9.2015

Vide Order No. L-42012/253/2010-IR(DU), dated 20.4.2011

the Central Government in exercise of the powers conferred

by Clause (d) of Sub-Section (1) and Sub-Section 2(A) of

Section 10 of Industrial Disputes Act, 1947 (in short Act)

has referred the following industrial dispute for

adjudication to this Tribunal.

"Whether the retrenchement of services of sh. Shyam

Lal S/o Sh. Durga Ram by the Managing Director,

M/s AKS Engineers & Contractors, Sanjay Sadan,

Chhota Shimla (HP) vide order dated 31.7.2008 without

following the principle of 'last come first go' is legal

and justified? What relief the workman is entitled to

from the above employer?"

In response to the notice, the workman appeared and

submitted statement of claim, pleading that respondent

No. 1 is the principal employer who was constructing "Dam"

and engaged respondent No. 3 as its main contractor. The

respondent No. 3 engaged respondent No. 2 as Sub-

Contractor. The workman was appointed through

respondent No. 2 on 16.8.2004 and continuously worked

till 31.7.2008 when he was 'retrenched'.

The workman challenged the 'retrenchment' on the

ground that the persons junior to him, were retained in

service as well as the management employed large number

of workers after termination of his service. He be reinstated

in service.

Respondent No. 1 and 2 were proceeded against ex

parte.

Respondent No. 2 filed written statement admitting the

relationship and pleaded that the workman was retrenched

due to completion of work after paying him retrenchment

compensation as per law.

Parties were given opportunity to lead the evidence.

In support of his case Sh. Shyam Lal workman appeared

in the witness-box and filed his affidavit reiterating the

stand taken by him in the statement of claim.

On the other hand, Mr. H.R. Sharma appeared on behalf

of Respondent No. 3 and filed his affidavit in support of its

case.

I have heard Mr. Gorsi for the workman and Mr. H.R.

Sharma for respondent No. 3.

There is no denial of the fact that the workman was

employed by respondent No. 2 on 16.8.2004 and he was

retrenched from service on 31.7.2008 after paying

compensation as required under Section 25F of the Act.

The workman while appearing in the witness-box has

admitted that he was paid the compensation at the time of

his termination of his service. There is nothing to suggest

that 'retrenchment' made by the respondent is invalied.

The objection taken by the workman is that persons

junior to him were retained in service, as well as the

management employed more persons after the termination

of his service. But there is no cogent evidence on the file to

prove the said facts. It cannot be said from the bare

statement of the workman that persons junior to the

workman were retained in service and some other persons

were appointed by the respondent-management after the

termination of the service of the workman. Thus, it cannot

be said that the management did not follow the principle of

'last come first go' and rather the 'retrenchment' being made

as per law is legal and valid.

In result the reference is answered against the workman

and he is not entitled to any relief.

Let hard and soft copy of the award be sent to the

Central Government for further necessary action.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh] 12 vDrwcj] 2015

dk-vk- 2029-—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj lfefr ds izca/k]

ARTRAC dSVhu] f'keyk ds izca/kr= ds lac) fu;kstdksa vkSj muds

4218

THE GAZETTE OF INDIA : OCTOBER 24, 2015/KARTIKA 2, 1937

[PART II—SEC. 3 (ii)]

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

vkS|ksfxd vf/kdj.k@Je U;k;ky;&2] paMhx<+ ds iapkV ¼lanHkZ la[;k

279@2013½ dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 12@10@2015

dks izkIr gqvk FkkA

[lañ ,y&42012@23@2013&vkbZvkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] MsLd vf/kdkjh

New Delhi, the 12th October, 2015

S.O. 2029.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (I.D. No. 279/2013) of the

Central Government Industrial Tribunal-cum-Labour Court

No. II, Chandigarh now as shown in the Annexure in the

Industrial Dispute between the employers in relation to the

management of the Managing Committee ARTRAC

Canteens, Shimla and their workman, which was received

by the Central Government on 12/10/2015.

[No. L-42012/23/2013-IR(DU)]

P.K. VENUGOPAL, Desk Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sri Kewal Krishan, Presiding Officer.

Case No. I.D. No. 279/2013

Registered on 28.6.2013

Sh. Raj Kumar, S/o Sh. Sukhram Rathod, R/o Mandyal

House Village Upper Chamina, PO Kamla Nagar, Shimla

(Himachal pradesh)-171006.

....Petitioner

Versus

1. The Chairman, Managing Committee ARTRAC

Canteens, Shimla (Himachal Pradesh)..

2. The Manager, ARTRAC Canteen, Shimla (Himachal

pradesh).

..... Respondents

APPEARANCES

For the workman

:

Sh J.C. Bhardwaj, Adv.

For the Management

:

Sh. Vijay Arora, Adv.

AWARD

Passed on: 16.9.2015

Central Government vide Notification No. L-42012/23/

2013-IR(DU) Dated 20.6.2013, 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 Managing Committee of

ARTRAC Canteen, Shimla in terminating the services

of Sh. Raj Kumar w.e.f. 30.9.2012/8.1.2013 without

following the procedure laid down U/s 25-F of ID

Act, 1947 is legal and justified? To what relief the

workman is entitled to and from which date?"

The facts, in brief are that the workman was appointed

as daily wager with the respondent-management on 1.9.2004

by issuing appointment letter (Annexure P-1). He was

upgraded as Sales Attendant w.e.f. 1.2.2007 (Annexure P-2).

He continued serving at Shimla and was transferred to

URC Canteen Ghumarwin on 15.11.2011. But he did not

join duty due to certain unavoidable circumstances. the

representation made by him was not considered by the

respondent-management. He approached to Central

Administrative Tribunal by moving AO No. 1267/HP/2011,

which was dismissed on 24.5.2012. He approached the

Hon'ble High Court of Himachal pradesh by filing Writ

Petition No. 4481/2012, which was dismissed on 27.9.2012.

Thereafter, he went to Ghumarwin to submit his joining

report but was not accepted by stating that his services

were terminated on 24.12.2011. The respondent-

management again passed a termination order on 8.1.2013.

That the termination order is illegal as the same was issued

without compliance of the provisions of Section 25F of the

Act as well as termination was ordered without conducting

any inquiry as envisaged under the "Rules relating to terms

and conditions of service of civilian employees of unit run

Canteen" (hereinafter called the rules). As such his

termination is illegal and he be reinstated in service with

back wages.

Respondent-management pleaded that as per agreement,

the workman was liable to be transferred and on his refusal

to join, his services were to be terminated. That respondent-

management is private unit run canteen and not under the

administrative control of the Ministry of Defence. That the

order passed by the respondent-management is legal and

valid as the workman has failed to join at the place of his

posting of transfer.

Parties were given opportunity to lead their evidence.

In support of his case, the workman appearecd in the

witness-box and filed his affidavit reiterating the case as

stated in the claim petition.

On the other hand, the respondent-management

examined Col. R.S. Mehta, who filed his affidavit reiterating

the case of the respondent-management as stated in the

written statement.

I have heard Sh. J.C. Bhardwaj for the workman and

Sh. Vijay Arora for the management.

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vDrwcj 24] 2015@dk£rd 2] 1937

4219

It may be added that the workman has taken alternative

pleas to challenge his termination i.e. he was terminated

without conducting of any inquiry and following the

procedure as laid down under the rules, and secondly that

he was not paid any retrenchment compensation, but at

the time of arguments, the only argument advanced was

regarding non-observation of the rules. Rule 22 of the Rules

read as follow:—

ACT OF COMMISSION/OMISSION CONSTITUTING

MISCONDUCT:—

The following acts of commission/omission shall

constitute misconduct:—

(a) Misappropriation or theft;

(b) Casual performance of duties resulting in loss of

stores, fund, or image of the Canteen;

(c) Two or more instances of absence without leave or

lack of punctuality;

(d) Insubordination to senior employee;

(e) Intoxication whether of drugs or any other means;

(f) Contravention of any provisions of these rules or

by rules made by the employer or other order issued

from time to time by such employer;

(g) Any act/omission, which constitutes an offence

under any law for the time being in force in the

country.

Rule 23 provides the Punishment to be awarded and

Rule 24 prescribes the Procedure to be followed.

Rule 24 read as follow:—

"Before awarding to an employee any of the punishment

mentioned in Rule 23 following procedure shall be followed

by the disciplinary authority:—

(A) The employee shall be served with a charge sheet,

clearly stating the details of misconduct against

him and calling upon him to show cause as to why

one or more of the punishments included in these

Rules should not be awarded to him.

(B) The reply to the charge sheet, if any shall be duly

considered by the disciplinary authority.

(C) If the employee so desires he is to be heard in person

and is also to be allowed to cross-examine

witness(es) against him or produce witnesses in

his defence. The disciplinary procedure is laid

down in Schedule 'B'."

Thus, Rule 22 define misconduct and Rule 24 prescribes

the procedure to be followed for taking disciplinary action.

The admitted facts are that the workman was transferred

from Shimla to Ghumarwin on 15.11.2011. He did not join at

his place of posting and rather opted to avail legal remedies

by filing application before the Central Administrative

Tribunal as well as before the Hon'ble Shimla High Court.

After the disposal of the writ petition, his services were

terminated on 8.1.2013 (Annexure P12). Thus, the

termination order was passed as the workman failed to join

his place of posting. On transfer from one place to another,

if a workman do not join his duty, the same amounts to

'misconduct'. As per the rules stated above, the employee

was to be served with a charge sheet and calling upon him

to show cause as to why the punishment be not awarded

to him and after getting the reply and giving him personal

hearing, the action was to be taken. But in the present case

the respondent-management did not issue any charge

sheet to the workman as required under the rules and issued

the termination order without following the procedure. In

the circumstances, it is to be held that the termination of

the services of the workman is illegal.

Now the question is shether the workman is entitled to

back wages. The workman did not join duty in pursuance

of the transfer orders and indulged in fruitless litigation by

questioning his transfer. Again there is nothing on the file

that he remained without work after the termination of his

services. In these circumstances he is not entitled to any

back wages.

In result, the reference is answered holding that

termination of the services of the workman w.e.f. 8.1.2013 is

illegal and unjust. The management is directed to reinstate

him in service within two months of the publication of the

award and post him anywhere it likes. The management is

also at liberty to initiate action against the workman as per

rules, if so desired.

KEWAL KRISHAN, Preisidng Officer

ubZ fnYyh] 12 vDrwcj] 2015

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331@2013½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 12&10&2015

dks izkIr gqvk FkkA

[la- ,y&42012@152@2013&vkbZvkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] MsLd vf/kdkjh

New Delhi, the 12th October, 2015

S.O. 2030.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (I.D. No. 331/2013) of the

4220

THE GAZETTE OF INDIA : OCTOBER 24, 2015/KARTIKA 2, 1937

[PART II—SEC. 3 (ii)]

Central Government Industrial Tribunal Cum Labour Court

No. II, Chandigarh now as shown in the Annexure in the

Industrial Dispute between the employers in relation to

the management of the Gammon India Ltd., Kullu and their

workmen, which was received by the Central Government

on 12-10-2015.

[No. L-42012/152/2013-IR(DU)]

P.K. VENUGOPAL, Desk Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II, CHANDIGARH

Present: Sri Kewal Krishan, Presiding Officer.

Case No. I.D. No. 331/2013

Registered on 25.2.2014

Sh. Sachin (Legal heir of S/o Late Sh. Kondia, S/o Sh.

Roshia) House No. 290, Gali No. 14, Bal Krishan Road,

Krishna Nagar, Hoshiarpur (Punjab).

....Petitioner

Versus

1. The Project Manager/Incharge Gammon India Ltd.,

Rampur H.E. Project, Package 1, P.O.-3, Rampur, Kullu

(H.P.)-172001

....Respondent

APPEARANCES

For the workman

:

Workman ex parte.

For the Management

:

Kailash Sharma, Adv.

AWARD

Passed on: 16.9.2015

Central Government vide Notification No. L-42012/152/

2013-IR(DU) Dated 11.2.2014, 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 termination of service of Late

Sh. Kondaiai S/o Sh. Roshia now represented by his

son and legal heirs Sh. Sachin w.e.f. 20.11.2010 by

the management of Project Manager, Gammon India

Ltd. Rampur HE Project is legal, just and valid? If

not, to what relief the workman is entitled to and

from which date?"

In response to the notice the legal representatives of

the workman filed statement of claim pleading that workman

Kondaiai was appointed as Security Guard with the

respondent-management. He applied for leave due to

sickness and when discharged from the hospital, he reported

for duty. But he was not allowed to join the duty. That his

signature was taken on blank paper when he applied for

leave and the same was converted into resignation. He did

not sign any resignation letter.

The workman died during the pendency of the

proceedings before the Labour Commissioner and the

present claimants were impleaded as his legal heirs.

Respondent-management filed written reply admitting

the relationship and pleaded that the workman voluntarily

submitted his resignation on 20.11.2010 on the ground of

ill-health. His date of birth was 6.4.1941 and he had

completed 68 years of age at the time of submission of his

resignation. He was paid all the dues when he resigned

and the claimants now put forward are false claim.

The claimants were proceeded against ex part vide order

dated 16.12.2014.

Thereafter, the management filed an affidavit of Mr. R.C.

Rawat.

I have heard the counsel for the management. There is

no denial of relationship of employer and employee between

the parties. According to the management, the workman

submitted resignation voluntarily on 20.11.2010 which was

accepted and all the dues was paid to him. The claimants

has set up a definite case that the signature of the workman

was obtained by misrepresentation on a paper which was

later controverted to "resignation letter." But no evidence

has been lead by the claimants to prove said assertions. In

view of the affidavit of Mr. Rawat and the resignation letter

(Annexure-R3) it cannot be said that the signatures of the

workman were obtained on it by any misrepresentation.

Since the workman has submitted his resignation, it

cannot be said that his services were terminated by the

respondent-management, and the workman is not entitled

to any relief.

The reference is accordingly answered against the

claimants.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh] 12 vDrwcj] 2015

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4221

New Delhi, the 12th October, 2015

S.O. 2031.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (I.D. No. 741/2005) of the

Central Government Industrial Tribunal Cum Labour Court

No. II, Chandigarh now as shown in the Annexure in the

Industrial Dispute between the employers in relation to

the management of the Telecom, BSNL, Chandigarh &

others and their workmen, which was received by the Central

Government on 12-10-2015.

[No. L-40012/52/2000-IR(DU)]

P.K. VENUGOPAL, Desk Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sri Kewal Krishan, Presiding Officer.

Case No. I.D. No. 741/2005

Registered on 2.9.2005

Sh. Avtar Singh C/o Sh. Karam Singh, 4093, Maloya

Colony, Chandigarh-160001.

....Applicant

Versus

1. The General Manager, Telecom, Sector-18,

Chandigarh-160001.

2. Telegraph Office, General Post Office, Sector-17

(Ist Floor), U.T., Chandigarh.

....Respondent

APPEARANCES

For the workman

:

Ex parte.

For the Management

:

Sh. G.C. Babbar, Adv.

AWARD

Passed on 11.9.2015

Vide Order No. L-40012/52/2000-IR(DU), dated 30.5.2000

the Central Government in exercise of the powers conferred

by Clause (d) of Sub-Section (1) and Sub-Section 2(A) of

Section 10 of Industrial disputes Act, 1947 (in short Act)

has referred the following Industrial dispute for

adjudication to this Tribunal.

"Whether the action of the management of General

Manager, Telecom, Chandigarh in terminating the

services of Sh. Avtar Singh is legal and justified? If

not, to what relief the workman is entitled to and

from which date?"

In response to the notice, the workman appeared and

submitted statement of claim, pleading that he joined

respondent No. 2 on 7.2.1996 and was drawing a salary of

Rs. 1500/- at the time of termination of his service. he

challenged the termination on the ground that he was not

paid any retrenchment compensation and the persons junior

to him, were retained in service as well as the management

employed new persons in his place. His termination being

illegal, he be reinstated in service.

Respondent-management filed written statement

controverting the averments and denied that workman was

ever employed by it. It is pleaded that it used to give tender

for the supply of labour for emergency work and the

workman was never employed by it.

Parties were given opportunity to lead evidence in

support of his case.

Avtar Singh appeared in the witness-box and filed his

affidavit reiterating the stand taken by him.

On the other hand, management examined Sh. Ashok

Kumar, who filed his affidavit reiterating the stand taken

by the management.

The workman was proceeded against ex parte vide order

dated 26.5.2015.

I have heard Sh. G.C. Babbar for the management and

perused the file carefully.

This is the case of the workman that he was employed

by the respondent-management on 7.2.1996. Respondent-

management is a statutory body having its rules and

regulations for giving employment. Nothing has come on

the file to show that the workman was ever employed by

the respondents by following any procedure.

The workman did not place on record any appointment

letter to prove that he was actually employed by the

respondents. The respondent-management maintain its

record for making every type of payment including wages

to its employees but no such record has come on the file to

establish that the management has ever paid wages to the

workman. In the circumstances, it cannot be said that the

workman was ever engaged by the respondents and there

was any relationship of employer and employee between

the parties. When it is so, it cannot be said that the services

of the workman was terminated by the respondent-

management.

In result, the reference ius answered against the workman

and he is not entitled to any relief.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh] 12 vDrwcj] 2015

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ljdkj vkS|ksfxd vf/dj.k ,oa Je U;k;ky;&2 paMhx<+ ds iapkV

4222

THE GAZETTE OF INDIA : OCTOBER 24, 2015/KARTIKA 2, 1937

[PART II—SEC. 3 (ii)]

¼lanHkZ lañ 742@2005½ dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks

12&10&2015 dks izkIr gqvk FkkA

[lañ ,y&40012@50@2000&vkbZvkj¼Mh;w½]

ihñ dsñ os.kqxkiky] MsLd vfèdkjh

New Delhi, the 12th October, 2015

S.O. 2032.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (I.D. No. 742/2005) of the

Central Government Industrial Tribunal Cum Labour Court

No. II, Chandigarh now as shown in the Annexure in the

Industrial Dispute between the employers in relation to the

management of the Telecom, BSNL, Chandigarh & others

and their workmen, which was received by the Central

Government on 12-10-2015.

[No. L-40012/50/2000-IR(DU)]

P.K. VENUGOPAL, Desk Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sri Kewal Krishan, Presiding Officer

Case No. 742/2005

Registered on 2.9.2005

Sh. Pavitter Singh S/o Sh. Karam Singh, 4093, Maloya

Colony, Chandigarh-160001.

....Applicant

Versus

1. The General Manager, Telecom, Sector-18,

Chandigarh-160001.

2. Telegraph Office, General Post Office, Sector-17(1st

Floor), U.T., Chandigarh.

....Respondent

APPEARANCES

For the workman

—

Ex parte

For the management

—

Sh. G.C. Babbar, Adv.

AWARD

Passed on:—11.9.2015

Vide Order No. L-40012/50/2000-IR(DU), dated 30.5.2000

the Central Government in exercise of the powers conferred

by Clause (d) of sub-section (1) and sub-section 2(A) of

Section 10 of Industrial Disputes Act, 1947 (in short Act)

has referred the following industrial dispute for

adjudication to this Tribunal.

"Whether the action of the management of General

manager, Telecom, Chandigarh in terminating the

service of Sh. Pavitter Singh is legal and justified? If

not, to what relief the workman is entitled to and

from which date?"

In response to the notice, the workman appeared and

submitted statement of claim, pleading that he joined

respondent No. 2 on 10.2.1996 and was drawing a salary of

Rs. 1500/- at the time of termination of his service. He

challenged the termination on the ground that he was not

paid any retrenchment compensation and the persons junior

to him, were retained in service as well as the management

employed new persons in his place. His termination being

illegal, he be reinstated in service.

Respondent-management filed written statement

controverting the averments and denied that workman was

ever employed by it. It is pleaded that it used to give tender

for the supply of labour for emergency work and the

workman was never employed by it.

Parties were given opportunity to lead evidence in

support of his case.Pavitter Singh appeared in the witness-

box and filed his affidavit reiterating the stand taken by

him.

On the other hand, management examined Sh. Mohinder

Pal, who filed his affidavit reiterating the stand taken by

the management.

The workman was proceeded against ex-parte vide order

dated 26.5.2015.

I have heard Sh. G.C. Babbar for the management and

perused the file carefully.

This is the case of the workman that he was employed

by the respondent-management on 10.2.1996. Respondent-

management is a statutory body having its rules and

regulations for giving employment. Nothing has come on

the file to show that the workman was ever employed by

the respondents by following any procedure.

The workman did not place on record any appointment

letter to prove that he was actually employed by the

respondents. The respondent-management maintain its

record for making every type of payment including wages

to its employees but no such record has come on the file to

establish that the management has ever paid wages to the

workman. In the circumstances, it cannot be said that the

workman was ever engaged by the respondents and there

was any relationship of employer and employee between

the parties. When it is so, it cannot be said that the services

of the workman was terminated by the respondent-

management.

In result, the reference is answered against the workman

and he is not entitled to any relief.

KEWAL KRISHAN, Presiding Officer

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vDrwcj 24] 2015@dk£rd 2] 1937

4223

ubZ fnYyh] 12 vDrwcj] 2015

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14½ dh èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dksy iufctyh ckaè

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

ljdkj vkS|ksfxd vfèdj.k ,oa Je U;k;ky;-2] paMhx<+ ds iapkV

¼lanHkZ lañ 95@2011½ dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks

12@10@2015 dks izkIr gqvk FkkA

[lañ ,y&42012@131@2010&vkbZvkj¼Mh;w½]

ihñ dsñ os.kqxksiky] MsLd vfèdkjh

New Delhi, the 12th October, 2015

S.O. 2033.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (I.D. No. 95/2011) of the Central

Government Industrial Tribunal Cum Labour Court No. II,

Chandigarh now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of the Kol Dam Hydro Electric Power Project,

NTPC, Bilaspur and their workmen, which was received by

the Central Government on 12/10/2015.

[No. L-42012/131/2010-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sri Kewal Krishan, presiding Officer.

Case No. I.D. No. 95/2011

Registered on 24.01.2011

Sh. Inder Singh S/o Sh. Bangalu Ram, VPO Slapper,

Tehsil Sunder Nagar, Mandi (HP).

....Petitioner

Versus

1. The General manager, Kol Dam Hydro Electric power

Project, NTPC VPO Barmana, Dist. Bilaspur, HP

2. The Managing Director, M/s AKS Engineers &

Contractors, Kol Dam Hydro Electric Power Project,

sanjay Sadan, Chhota Shimla-171002.

3. The Project manager, M/s Italian Thai Development

Co. Ltd., Kol Dam Hydro Electric Power Project,

Village Kayan, Post Office Slapper, Tehsil Sunder

Nagar, Distt. Mandi(HP)

4. M/s ITD Cementation India Limited, Kol Dam Hydro

electric Power Project, Village Kayan, Post Office

Slapper, Tehsil Sundar Nagar, Distt. Mandi(HP)

......Respondents

APPEARANCES

For the workman

:

Sh. M.S. Gorsi, Adv.

For the Management:—

For Respondent No. 1

:

Sh. Ex-Parte

For Respondent No. 3

:

Sh. Hem Raj Sharma

For Respondent No. 4

:

Sh. Ravinder Nath Shetty

AWARD

Passed on 21.08.2015

Central Government vide Order No. L-42012/131/2010-

IR(DU)) Dated 15.12.2010, 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 M/s ITD

Cementation India Limited, as sub-contractor of M/s

Italian Thai Development Co. ltd., Koldam Hydro

Electric power Project, NTPC, Barmana, Bilaspur(HP)

in terminating the services of Sh. Inder Singh s/o Sh.

Bangalu Ram w.e.f. 14.08.2008 without following the

principle of 'Last come First go' is legal and justified?

If not, what relief the workman is entitled to?"

In response to the notice, workman appeared and

submitted statement of claim pleading that the Respondent

No. 1 i.e. the Principal Employer had given contract to the

Respondent No. 3 and who in turn engaged Respondent

No. 4 as Sub-contractor. The workman was appointed by

the Respondent No. 4 on 12.5.2005 and continuously

worked upto 14.8.2008, when his services were retrenched.

He has challenged the 'Retrenchment' on the grounds

that persons junior to him were retained in service and also

a large number of workers were employed after his

termination and he prayed to be reinstated in service.

Respondent No. 4 filed written reply admitting that the

workman was employed and was retrenched on completion

of the work as per law and further no persons junior to the

workman were retained in service nor any fresh

appointments were made.

To that effect, Respondent No. 1 & Respondent No. 3

also filed their written statements.

However, Respondent No. 1 was proceeded against ex-

parte vide order dt 23.3.2015.

Parties were given opportunity to lead evidence.

In support of his claim, Sh. Inder Singh, the workman

appeared in the Witness Box and filed his affidavit

supporting his claim as set out in the Statement of Claim.

On the other hand, Sh. Ravinder Nath Shetty was

examined on behalf of Respondent No. 4 and Sh. Hem Raj

4224

THE GAZETTE OF INDIA : OCTOBER 24, 2015/KARTIKA 2, 1937

[PART II—SEC. 3 (ii)]

Sharma on behalf of Respondent No. 3 who filed their

respective affidavits supporting the stand of management

as taken in respective of written statements.

I have heard Sh. M.S. Gorsi, advocate for the workman,

Sh. Ravinder Nath Shetty for Respondent No. 4 and Sh.

Hem Raj Sharma for Respondent No. 3.

The admitted facts are that workman was employed by

Respondent no. 4 and he worked for the period from

12.5.2005 to 14.8.2008, when he was retrenched after paying

retrenchment compensation. The workman while appearing

in witness box admitted that he has received the amount.

Respondent No. 4 has given explanation that the workman

was retrenched on completion of the work and this fact is

not under challenge. There is nothing on the file that any

worker junior to him was retrained in service; or some new

appointments were made after termination of services of

the workman as pleaded. Thus the 'Retrenchment' made in

the present case cannot be said to be illegal or it cannot be

said that the management did not follow the Principles of

"last come first go".

As a result, the reference is answered against the

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

soft copy of the award be sent to the Central Government

for further necessary action.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh] 12 vDrwcj] 2015

dk-vk- 2034-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dksy iufctyh

cka/k izkstsDV] ,uVhihlh] fcykliqj ds izca/kra= ds lac) fu;kstdksa

vkSj muds deZdkj ds chp vuqca/k esa fufnZ"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky; 2] paMhx<+ ds

iapkV ¼lanHkZ la[;k 96@2011½ dks izdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 12@10@2015 izkIr gqvk FkkA

[la- ,y&42012@124@2010&vkbZ vkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] MsLd vf/kdkjh

New Delhi, the 12th October, 2015

S.O. 2034.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (I.D. No. 96/2011) of the

Central Government Industrial Tribunal-cum-Labour Court

No. II, Chandigarh now as shown in the Annexure, in the

industrial dispute between the employers in relation to the

management of the KOl Dam Hydro Electric Power Project,

NTPC, Bilaspur and their workmen, which was received by

the Central Government on 12/10/2015.

[No. L-42012/124/2010-IR(DU)]

P.K. VENUGOPAL, Desk Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL-

CUM-LABOUR COURT-II, CHANDIGARH

Present: Sri Kewal Krishan, Presiding Officer.

Case No. 96/2011

Registered on 24-1-2011

Sh. Virender Singh S/o Sh. Hari Ram, Vill. Deol Chhamb,

PO Harnora, Tehsil Sundernagar, Mandi (HP).

...Applicant

Versus

1. The General Manager, Kol Dam Hydro Electric

Power Project, NTPC, VPO Barmana, Bilaspur.

2. The Managing Dir., M/s AKS Engineers and Con-

tractors Kol Dam Hydro Electric Power Project,

Sanjay Sadan, Chhota Shimla-171002.

3. Proj. Manager, Italian Thai Development Co. Ltd.,

Kol Dam Hydra Electric Power Project, Village

Kayam, PO Slapper, Tehsil, Sundernagar, Mandi.

4. The ITD Cementation India Ltd., Kol Dam Hydro-

Electric Power Project, Village Kayan, PO Slapper,

The Sundernagar, Mandi (HP).

...Respondents

APPEARANCES

For the workman

— Sh. M.S. Gorsi for the workman

For the Management

— Respondent No. 1 ex parte

— Sh. H.R. Sharma for Resp. No. 3

— Sh. Ravinder Shetty for

Resp. No. 4

AWARD

Passed on 21.8.2015

Vide Order No. L-42012/124/2010-IR(DU), dated

15.12.2010 the Central Government in exercise of the powers

conferred by Clause (d) of sub-section (1) and sub-section

2(A) of Section 10 of Industrial Disputes Act, 1947 (in short

Act) has referred the following industrial dispute for

adudication to this Tribunal.

"Whether the action of the management of M/s ITD

Cementation India Ltd., a sub contractor of M/s

Italian Thai Development Public Co. Ltd. in the

Koldam Hydro-Electric Project of NTPC, Barmana,

Bilaspur (HP), in terminating the services of Sh.

Virender Singh S/o Sh. Hari Ram w.e.f. 14.8.2008

without following the principle of 'Last come First

go' is legal and justified? If not, what relief the

workman is entitled to?"

In response to the notice, the workman appeared and

filed statement of claim, pleading that respondent No. 1 is

the principal employer and constructing "Kol Dam Hydro

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vDrwcj 24] 2015@dk£rd 2] 1937

4225

Electrical Power Project", at Harmonda. Respondent No. 2

is a main contractor who had engaged respondent No. 3 as

sub-contractor, who in turn engaged respondent No. 4 as

sub-contractor.

The workman was appointed through respondent No. 4

on 12.5.2005 and worked continuously till 14.8.2008, when

he was 'retrenched'.

The workman has challenged the 'retrenchment' on the

ground that the persons junior to him were retained in

service as well as the management employed large number

of workers after the termination of their services. That he

be reinstated in service.

Respondent No. 4 filed written statement admitting that

employed the workman and further pleaded that the

workman was 'retrenched' due to completion of the work as

per law and after paying him retrenchment compensation.

Written statement was filed by respondent No. 3 and

respondent No. 1 on the same terms.

Respondent No. 1 was proceeded against ex parte, vide

order dated 23.3.2015.

Parties were given opportunity to lead evidence.

In support of his case, Sh. Virender Singh appeared in

the witness box and filed his affidavit supporting his case

as set out in the claim petition.

On the other hand, Sh. Ravinder Nath Shetty and Sh.

H.R. Sharma appeared in the witness box on behalf of

respondent 4 and 3 respectively and file their affidavits

supporting the stand taken by the respondent-management

in the written statement.

I have heard Sh. M.S. Gorsi for the workman, Sh. H.R.

Sharma for Respondent No. 3 and Sh. Ravinder Nath Shetty

for Resondent No. 4.

There is a no denial of the fact that the workman was

employed by resondent No. 4 on 12.5.2005 and he was

'retrenched' from service on 14.8.2008, after paying

compensation as required under Section 25F of the Act.

The workman Virender Singh while appeared in the witness

box has admitted that he was paid Rs. 8375/- at the time of

his termination of services. There is nothing to suggest

that 'retrenchement' made by respondent No. 4 is invalid.

The objection taken by the workman is that persons

junior to him were retained in service, as well as the

management employed more persons after the termination

of his services. But there is no cogent evidence on the file

to prove the said fact and Sh. Ravinder Shetty has

specifically deposed that work was completed and on that

account, the retrenchment was made, Again he has

specifically stated that no person was employed after the

retrenchement of the workman and no person junior to the

workman were retained in service. Thus, it cannot be said

that management did not follow the principle of 'last come

first go' and the retrenchment of the workman cannot be

termed as illegal.

The reference is answered accordingly holding the

termination of the services of the workman is legal and

valid and workman is not entitled to any relief.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh] 12 vDrwcj] 2015

dk-vk- 2035-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dksy iufctyh

cka/k izkstsDV] ,uVhihlh] fcykliqj ds izca/kra= ds lac) fu;kstdksa

vkSj muds deZdkj ds chp vuqca/k esa fufnZ"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky; 2] paMhx<+ ds

iapkV ¼lanHkZ la[;k 98@2011½ dks izdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 12@10@2015 izkIr gqvk FkkA

[la- ,y&42012@129@2010&vkbZ vkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] MsLd vf/kdkjh

New Delhi, the 12th October, 2015

S.O. 2035.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (I.D. No. 98/2011) of the

Central Government Industrial Tribunal-cum-Labour Court

No. II, Chandigarh now as shown in the Annexure, in the

industrial dispute between the employers in relation to the

management of the Kol Dam Hydro Electric Power Project,

NTPC, Bilaspur and their workmen, which was received by

the Central Government on 12/10/2015.

[No. L-42012/129/2010-IR(DU)]

P.K. VENUGOPAL, Desk Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL-

CUM-LABOUR COURT-II, CHANDIGARH

Present: Sri Kewal Krishan, Presiding Officer.

Case No. 98/2011

Registered on 24.1.2011

Sh. Vijay Kumar S/o Sh. Prem Das, Vill. Dhatoli, PO

Khudla, Tehsil Sarkaghat, Mandi (HP).

...Applicant

Versus

1. The General Manager, Kol Dam Hydro Electric

Power Project, NTPC, VPO Barmana, Bilaspur.

2. The Managing Dir., M/s AKS Engineers and Con-

tractors Kol Dam Hydro Electric Power Project,

Sanjay Sadan, Chhota Shimla-171002.

4226

THE GAZETTE OF INDIA : OCTOBER 24, 2015/KARTIKA 2, 1937

[PART II—SEC. 3 (ii)]

3. Proj. Manager, Italian Thai Development Co. Ltd.,

Kol Dam Hydro Electric Power Project, Village

Kayam, PO Slapper, Tehsil, Sundernagar, Mandi.

4. The ITD Cementation India Ltd., Kol Dam Hydro-

Electric Power Project, Village Kayam, PO Slapper,

The Sundernagar, Mandi (HP).

...Respondents

APPEARANCES :

For the workman

:

Sh. M.S. Gorsi for the workman

For the Management :

Respondent No. 1 ex parte

:

Sh. H.R. Sharma for Resp. No. 3

:

Sh. Ravinder Shetty for

Resp. No. 4

AWARD

Passed on 21.8.2015

Vide Order No. L-42012/129/2010-IR(DU), dated

15.12.2010 the Central Government in exercise of the powers

conferred by Clause (d) of sub-section (1) and sub-section

2(A) of Section 10 of Industrial Disputes Act, 1947 (in short

Act) has referred the following industrial dispute for

adudication to this Tribunal.

"Whether the action of the management of M/s ITD

Cementation India Ltd., a sub contractor of M/s

Italian Thai Development Public Co. Ltd. in the

Koldam Hydro-Electric Project of NTPC, Barmana,

Bilaspur (HP), in terminating the services of Sh. Vijay

Kumar S/o Sh. Prem Das w.e.f. 17.8.2008 without

following the principle of 'Last come First go' is legal

and justified? If not, what relief the workman is

entitled to?"

In response to the notice, the workman appeared and

filed statement of claim, pleading that respondent No. 1 is

the principal employer and constructing "Kol Dam Hydro

Electrical Power Project", at Harmonda. Respondent No. 2

is a main contractor who had engaged respondent No. 3 as

sub-contractor, who in turn engaged respondent No. 4 as

sub-contractor.

The workman was appointed through respondent No. 4

on 7.5.2005 and worked continuously till 17.8.2008, when

he was 'retrenched'.

The workman has challenged the 'retrenchment' on the

ground that the persons junior to him were retained in

service as well as the management employed large number

of workers after the termination of their services. That he

be reinstated in service.

Respondent No. 4 filed written statement admitting that

it employed the workman and further pleaded that the

workman was 'retrenched' due to completion of the work as

per law and after paying him retrenchment compensation.

Written statement was filed by respondent No. 3 and

respondent No. 1 on the same terms.

Respondent No. 1 was proceeded against ex parte, vide

order dated 23.3.2015.

Parties were given opportunity to lead evidence.

In support of his case, Sh. Vijay Kumar appeared in the

witness box and filed his affidavit supporting his case as

set out in the claim petition.

On the other hand, Sh. Ravinder Nath Shetty and

Sh. H.R. Sharma appeared in the witness box on behalf of

respondent 4 and 3 respectively and file their affidavits

supporting the stand taken by the respondent-management

in the written statement.

I have heard Sh. M.s. Gorsi for the workman, Sh. H.R.

Sharma for Respondent No. 3 and Sh. Ravinder Nath Shetty

for Resondent No. 4.

There is a no denial of the fact that the workman was

employed by resondent No. 4 on 7.5.2005 and he was

'retrenched' from service on 17.8.2008, after paying

compensation as required under Section 25F of the Act.

The workman Vijay Kumar while appeared in the witness

box has admitted that he was paid Rs. 7000/- at the time of

his termination of services. There is nothing to suggest

that 'retrenchement' made by respondent No. 4 is invalid.

The objection taken by the workman is that persons

junior to him were retained in service, as well as the

management employed more persons after the termination

of his services. But there is no cogent evidence on the file

to prove the said fact and Sh. Ravinder Shetty has

specifically deposed that work was completed and on that

account, the retrenchment was made, Again he has

specifically stated that no person was employed after the

retrenchement of the workman and no person junior to the

workman were retained in service. Thus, it cannot be said

that management did not follow the principle of 'last come

first go' and the retrenchment of the workman cannot be

termed as illegal.

The reference is answered accordingly holding the

termination of the services of the workman is legal and

valid and workman is not entitled to any relief.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh] 14 vDrwcj] 2015

dk-vk- 2036-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj fnYyh MsoyiesaV

vFkkWfjVh ,.M vnlZ ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkj

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

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vDrwcj 24] 2015@dk£rd 2] 1937

4227

vkS|ksfxd vf/kdkj.k ,oa Je U;k;ky; 1] fnYyh ds iapkV ¼lanHkZ

lañ 35@2015½dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 13@10@2015

dks izkIr gqvk FkkA

[lañ ,y&42011@128@2014&vkbZvkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] MsLd vf/kdkjh

New Delhi the 14th October, 2015

S.O. 2036.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (I.D. No. 35/2015) of the Central

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

Delhi now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of the Delhi Development Authority and

Others and their workmen, which was received by the

Central Government on 13/10/2015.

[No. L- 42011/128/2014-IR (DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

IN THE COURT OF SHRI AVTAR CHAND DOGRA,

PRESIDING OFFICER, CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR

COURT NO. 1, KARKARDOOMA

COURT COMPLEX, DELHI

ID No. 35/2015

Indian Steel and Metal Workers Union,

C/o 1800/9, Govindpuri Extension,

Main Road, Kalkaji,

New Delhi—110019

....Workman

Versus

1. The Secretary,

Delhi Development Authority

Siri Fort Sports Complex,

August, Kranti Marg,

Khel Gaon,

New Delhi-110049

2. M/s Niti Enterprises,

L-88, Kisan Vihar,

New-Delhi

3. M/s International (Ex-Servicemen) Security Service,

A/3B, Janta (near Central School),

Tagore Garden Extension),

New Delhi-110027

4. M/s Deepali (India) Enterprieses

178, Block 14, Ground Floor,

L.B.S. Hospital, Khichripur,

New Delhi-110019

....Managements

AWARD

Central Government, vide letter No.L-42011/128/2014-

IR(DU) dated 13.01.2015, referred the following industrial

dispute to this Tribunal for adjudication:

"Whether the demands raised by the Indian Steel

and Metal Workers Union (Regd.) against the

managements of Delhi Development Authority/NITI

Enterprises/Deepali (India) Enterprises/International

Ex-servicemen Security Service as mentioned above

and available on 2nd page of the original application

are just, fair and legal? If yes, what relief the workman

concerned are entitled to?’’

2. In the reference order, the appropriate Government

commanded the parties to the dispute to file statement of

claim, complete with relevant documents, list of reliance

and witnesses with this Tribunal within 15 days of receipt

of the reference order and to forward a copy of such

statement of claim to the opposite parties involved in the

dispute. Despite directions so given, Indian Steel and Metal

Workers Union opted not to file their claim statement with

the Tribunal.

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

the claimant union as well as the management. Neither the

postal article, referred above, was received back nor was it

observed by the Tribunal that postal services remained

affected in the period, referred above. Therefore, every

presumption lies in favour of the fact that the above notice

was serve upon the claimant union. Despite service of the

notice, claimant union opted to abstain away from the

proceedings. No claim statement was filed on their behalf.

Thus, it is clear that the claimant union is not interested in

adjudication of the reference on merits.

4. Since the claimant union has neither put in their

appearance nor have they led any evidence so as to prove

their cause against the management, as such, this Tribunal

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

award. Let this award be sent to the appropriate

Government, as required under Section 17 of the Industrial

Disputes Act, 1947, for publication.

A.C. DOGRA, Presiding Officer

Dated: October, 8, 2015

ubZ fnYyh] 14 vDrwcj] 2015

dk-vk- 2037-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj us'kuy bafLVV~;wV

vkWQ+ VsDuksykWth] dq#{ks= ds izca/kra= ds lac) fu;kstdksa vkSj muds

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

ljdkj vkS|ksfxd vf/kdj.k ,oa Je U;k;ky;&1] paMhx<+ ds iapkV

¼lanHkZ lañ 75@2012½dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks

14@10@2015 dks izkIr gqvk FkkA

[lañ ,y&42012@143@2012&vkbZvkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] MsLd vf/kdkjh

4228

THE GAZETTE OF INDIA : OCTOBER 24, 2015/KARTIKA 2, 1937

[PART II—SEC. 3 (ii)]

New Delhi, the 14th October, 2015

S.O. 2037.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (I.D. No. 75/2012) of the Central

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

Chandigarh now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of the National Institute of Technology,

Kurukshetra and Others and their workmen, which was

received by the Central Government on 14/10/2015.

[No. L- 42012/143/2012-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 No. 75 of 2012, Reference No. L-42012/143/

2012/IR(DU) dated 21.1.2013

Sh. Rakesh Kumar son of Shri Neki Ram, Resident of VPO

Pabnawa, District Kaithal, Haryana.

....Workman

Versus

1. The Director, National Institute of Technology,

Kurukshetra.

....Respondent.

APPEARANCES :

For the Workman

:

None.

For the Management

:

Shri S.S. Chokhar Advocate.

AWARD

Passed on:— 08.10.2015

Government of India ,Ministry of Labour vide

notification No. L-42012/143/2012/IR(DU) dated 21.1.2013

has referred the following dispute to this Tribunal for

adjudication:

"Whether the demand of Shri Rakesh Kumar son of

Shri Neki Ram for reinstatement and regularisation in

service with the management of Director, NIT,

Kurukshetra w.e.f. 21.08.2008 as Security Guard is

just, fair and legal? If not, what relief the workman is

entitled to?"

2. Case repeatedly called. None appeared for the

workman nor any witness is present on behalf of the

workman. On the last date of hearing also, no one was

present on behalf of the workman. It appears that the

workman is not interested to pursue the present reference.

In view of the above the present reference is disposed off

for want of prosecution.

3. Reference is disposed off accordingly. Central Govt.

be informed, Soft copy as well as hard copy be sent to the

Central Govt. for publication.

Chandigarh.

08.10.2015

S.P. SINGH, Presiding Officer

ubZ fnYyh] 14 vDrwcj] 2015

dk-vk- 2038-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

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

vkWQ+ VsDuksykWth] dq#{ks= ds izca/kra= ds lac) fu;kstdksa vkSj muds

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

ljdkj vkS|ksfxd vf/kdkj.k ,oa Je U;k;ky; 1] paMhx<+ ds iapkV

¼lanHkZ lañ 76@2012½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks

14@10@2015 dks izkIr gqvk FkkA

[lañ ,y&42012@144@2012&vkbZvkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] MsLd vf/kdkjh

New Delhi, the 14th October, 2015

S.O. 2038.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (I.D. No. 76/2012) of the Central

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

Chandigarh now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of the National Institute of Technology,

Kurukshetra and their workmen, which was received by

the Central Government on 14/10/2015.

[No. L- 42012/144/2012-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 No. 76 of 2012, Reference No.-L42012/144/

2012/IR(DU), dated 21.1.2013

Sh Gurmit Singh son of Shri Rakam Singh, Resident of VPO

Barsana, Tehsil and District Kaithal, Haryana.

....Workman

Versus

The Director, National Institute of Technology,

Kurukshetra.

....Respondent.

APPEARANCES :

For the Workman

:

None.

For the Management

:

Shri S.S. Chokhar, Advocate.

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti= % vDrwcj 24] 2015@dk£rd 2] 1937

4229

AWARD

Passed on— 08.10.2015

Government of India, Ministry of Labour vide

notification No. L-42012/144/2012/IR(DU) dated 21.1.2013

has referred the following dispute to this Tribunal for

adjudication:

"Whether the demand of Shri Gurmit Singh son of

Shri Rakam Singh, Ex-security guard, for

reinstatement and regularisation in service with the

management of Director, NIT, Kurukshetra w.e.f.

22.04.2009 as Security Guard is just, fair and legal? If

not, what relief the workman is entitled to?"

2. Case repeatedly called. None appeared for the

workman nor any witness is present on behalf of the

workman. On the last date of hearing also, no one was

present on behalf of the workman. It appears that the

workman is not interested to pursue the present reference.

In view of the above the present reference is disposed off

for want of prosecution.

3. Reference is disposed off accordingly. Central Govt.

be informed. Soft copy as well as hard copy be sent to the

Central Govt. for publication.

Chandigarh.

08.10.2015

S.P. SINGH, Presiding Officer

ubZ fnYyh] 14 vDrwcj] 2015

dk-vk- 2039-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj bafM;u bafLVV~;wV

vkWQ VsDuksykWth] psUubZ ds izca/kra= ds lac) fu;kstdksa vkSj muds

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

ljdkj vkS|ksfxd vf/kdj.k ,oa Je U;k;ky;] psUubZ ds iapkV

¼lanHkZ la[;k 88@2014½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj

dks 13@10@2015 dks izkIr gqvk FkkA

[lañ ,y&42012@110@2014&vkbZvkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] MsLd vf/kdkjh

New Delhi, the 14th October, 2015

S.O. 2039.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (I.D. 88/2014) 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 themanagement of Indian Institute

of Technology, Chennai and their workman, which was

received by the Central Government on 13/10/2015.

[No. L-42012/110/2014-IR (DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR

COURT, CHENNAI

Wednesday, the 30th September, 2015

Present:

K.P. PRASANNA KUMARI,

Presiding Officer

Industrial Dispute No. 88/2014

(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 Indian Institute of Technology, Chennai

and their workman)

BETWEEN :

Smt. Mary @ Lourdhumary

:

1st Party/Petitioner

AND

The Registrar

2nd party/Respondent

Indian Institute of Technology

IIT Campus, Sardar Patel Road

Chennai-600036

APPEARANCE :

For the 1st Party/Petitioner

:

Sri R.S. Vaideeswaran,

Advocate

For the 2nd Party/Respondent :

Sri R. Parthiban,

Advocate

AWARD

The Central Government, Ministry of Labour &

Employment vide its Order No. L-42012/110/2014-IR(DU)

dated 07.10.2014 referred the following Industrial Dispute

to this Tribunal for adjudication.

The schedule mentioned in that order is:

"Whether the action of the Kannagi Self Halp Group

under the OW-Zone Project of IIT Campus Welfare

Trust is justified in denying to give job to Smt. Mary

@ Lourdhumary? If not to what relief is the workman

entitled to?’’

2. On receipt of the Industrial Dispute this Tribunal has

numbered it as ID 88/2014 and issued notices to both sides.

Both sides have entered appearance through their counsel

and filed Claim and Counter Statement respectively. The

petitioner has filed rejoinder in answer to the Counter

Statement.

3. The averments in the Claim Statement filed by the

petitioner in brief are these:

The petitioner was working in the Respondent

institution in the Department of Maintenance as Sanitary

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[PART II—SEC. 3 (ii)]

Worker from 01.02.2005 to 31.07.2012 for a monthly salary

of Rs. 8,000/- The Respondent has terminated the petitioner

from service illegally without following statutory labour

regulations and without giving any Show Cause Notice.

There was no valid cause for terminating the petitioner

from service. The petitioner had requested the Respondent

to regularize her in service. The petitioner has sent a lawyer

notice to the Respondent on 11.12.2013. But she did not

receive any reply so far. The dispute is raised accordingly.

The petitioner is entitled to be reinstated in service as a

regular worker. She is entitled to Rs. 4.00 lakhs as

compensation also.

4. The Respondent has filed Counter Statement

contending as below"

The Respondent is an academic insitution running

primarily on the grants provided by Ministry of Human

Resources Development Kannagi Self-Help Group

represented by its President referred to in the order of

reference is a necessary party to the proceedings. So the

claim is liable to be rejected. The claim of the petitioner that

she was working as Sanitary Worker in the Department of

Maintenance of the Respondent is incorrect. There is no

Department of Maintenance in the Respondent institution.

The Respondent does not employ any sanitary worker

directly. The Respondent understands that the petitioner

was engaged by Kannagi Self-Help Group for garbage

segregation from 2006. The Self-Help Groups were inititated

to find effective mechanism for disposal of garbage in the

residential area of IIT Madras Campus in the year 2005.

The Respondent extended its support to the group by

constructing sheds for collection of waste, providing

dustbins, tricycles, tool kilts etc. inside the campus and

also arranged to make deductions from the salaries of the

residents for ease of payment by the residents to the Self-

Help Groups. The Groups were primarily engaged for

cleaning and upkeep of around 1000 residential premises

inside the campus of the Institute. Their work included

sweeping of the streets and door to door garbage collection

in the campus. Later they were collecting waste from 80

academic building also. The members of the Self-Help

Groups are paid daily wages by the concerned Self-Help

Groups. During the material period the liaison between the

Slef-Help Group and IITM was through the volunteers of

the Women's Club of IITM. At present, this is coordinated

by IIT Madras Campus Welfare Trust, an independent trust

which came into existence in the year 2012. The petitioner

was employed by Kannagi Self Help Groups. Several others

were also employed under the Group. Their work included

sweeping of the streets and door to door garbage collection

in the campus. These persons render services to the

residents. The work cannot be treated as an Industry. It

will not come under the definition of Industry under Section-

2(j) of the Industrial Disputes Act. It is incorrect to state

that the Respondent has terminated the petitioner from

service. There was never any employer- employee

relationship between the petitioner and the Respondent. It

was not in the knowledge of the Respondent that the

petitlioner was hired or terminated by the Self-Help Group,

till the issue was raised by the petitioner. The claim of the

petititoner for reinstatement in the service of the

Respondent is not tenable. The Respondent did not receive

any lawyer notice from the petitioner. The petitioner is not

entitled to any relief.

5. The petitioner has filed rejoinder denying the

averments in the Counter Statement and reiterating her

case in the Claim Statement.

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

of WW1 and MWs 1 and 2 and documents marked as Ext.

W1 to Ext. W3 and Ext. M1.

7. Point for consideration is:

"Whether the petitioner is entitled to reinstatement

as claimed by her?

The Point

8. In the Claim Statement the petitioner has claimed that

she had worked in the Department of Maintenace of

Respondent insitution as Sanitary Worker for the period

from 01.02.2005 to 31.07.2012. According to her, she was

suddenly terminated by the Respondent illegally without

any notice and without following the statutory provisions.

She has claimed an order for reinstatement in the service of

the Respondent as a "regularized" worker and also

compensation of Rs. 4.00 lakhs.

9. The prayer of the petitioner in the Claims Statement

has no connection with the order or reference. On going

through the order of reference what is to be understood is

that it is Kannagi Self-Help Group under Ozone Project of

IIT Campus welfare Trust that denied job to the petitioner.

However, in the Claim Statement there is no reference to

Kannagi Self-Help Group who is said to have denied job.

The claim in the Claim Statement is that the petitioner was

working directly under the Respondent and it is the

Respondent who has terminated her from service. The claim

of the petitioner for reinstatement with the Respondent

could not be entertained even on account of the fact that

the schedule of reference does not refer to the Respondent

as the employer of the petitioner or as the one who has

denied job to her.

10. The petitioner who is examined as WW1 has

reiterated her case in the Claim Statement, in the affidavit

of Chief Examination filed by her also. She has asserted

during her cross-examination that she had worked with the

Respondent for 8 years from 01.02.2005 to 31.07.2012 on a

monthly salary of Rs. 8,000/-. She has even stated that

before taking leave she used to give leave application to

the office. However, she has stated at the subsequent stage

of cross-examination that wife.of IIT. Director was in-charge

of the employees and no employees can be terminated

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4231

without consulting her. IIT Director's wife is not one who

has anything to do directly with the Respondent institution.

The case of the petitioner referring to the wife of IIT Director

only supports the case of the Respondent that initally the

Ladies Club of IIT Campus was taking up the work of

cleaning of the residential premises in the campus through

the several Self-Help Groups including Kannagi Self-Help

Group which according to the Respondent had employed

the petitioner.

11. Apart from the oral version of the petitioner there is

no other evidence on the part of the petitioner to prove

that she has been directly employed by the Respondent.

The only documents worth mentioning are the copies of

some Casual/Contract Labour Pass produced by the

petitioner and marked as Ext. W1. These are intended only

for entry into the Institution. This would not show that the

Respondent is the employer of the petitioner. These are

described as Contract Labour Pass as well. So these

documents are not of any relevance except in concluding

that the petitioner was getting entry into the premises of

the Respondent with the help of the pass. Not even a single

documents is produced to prove that the petitioner had

been working under the Respondent directly from the year

2005.

12. The Assistant Register of the Respondent has been

examined as MW1. He has described the manner in which

the garbage in the IIT campus used to be removed. He has

stated that Self-Help Groups were doing the work and this

was envisaged as a community based project called Ozone

to be executed through Self-Help Groups. The Groups were

primarily engaged for cleaning and upkeep of around 1000

residential premises inside the campus of the Institute. Later

the groups were collecting waste from the academic

buildings also. The members of the Self-Help Groups were

paid daily wages by the concerned Self-Helf Group. He has

further stated that payment to the Self-Help Groups was

made by the Ladies Club who was taking care of the

cleaning. The staff who were staying in the campus have

to pay some payment towards cleaning charges. This

amount will be deducted from the salary and given to the

Ladies Club.

13. There is also the evidence given by MW2 who was

working as Accounts Assistant of the Ladies Club in the

campus of the Respondent. He had stated that Kannagi

Self-Help Group was engaged by the Ladies Club for

garbage collection, segregation and disposal from the year

2006. There were four other Self-Help Groups also. About

70 daily wage workers were engaged through these Self-

Help Groups. This witness has also stated that the

Respondent arranged to make deduction from the salaries

of the residents to facilitate payment of wages to Self-Help

Group workers by the residents. He has further stated that

the leader of the Self-Help Group will take attendance and

will disburse wages at the end of the month. According to

him the Ladies Club used to facilitate issue of Contract

Worker Pass by the Security section of the Respondent to

the workers of the Self-Help Groups. He has further stated

that due to illness of the petitioner her husband has

approached the Office of the Ladies Club and they had

disbursed Rs. 19,236/- through cheque to the petitioner on

27.08.2012. This according to him was done as a welfare

measure. There is no reason to reject the evidence of MW2

regarding the manner in which the Self-Help Groups were

utilized by the Ladies Club in the residential premises of

the Respondent for disposal of waste. This witness has

stated that every month the Self-Help Groups used to

produce Attendance Register before him and he will be

making payment on that basis.

14. During here cross-examination Ext. M1 was shown

to the petitioner and she has admitted that this was the

letter written by her to the Director. IIT. A translation of the

letter which is in Tamil has been furnsihed. As revealed

from the letter the petitioner has been working in Ozone

Project from 2005 to 2012. She has further stated that due

to her family problems and due to her mental illness she

has left the job and she has received Rs. 19,363/- from Ms.

Vijayalakshmi on her leaving MW2 has stated during his

cross-examination that Vijayalakshmi referred to in Ext. M1

was in-charge of the Ozone Project at the time and was

athorized to sign cheques, etc. He had also given details of

the circumstances under which the payment was made.

Thus what is to be seen from Ext. M1 is that the petitioner

has left here job with the Self-Help Group on her own

because of her illness and other problems. The evidence

available is sufficient to show that there was no employer-

employee relationship between the petitioner and the

Respondent. This is what is to be deciphered from the

order of reference also. Before the Conciliation Officer there

seems to have been no case for the petitioner that she was

working directly under the Respondent. On the other hand

her claim was that she was denied job by the Self -Help

Group that employed her. She has not thought it necessary

to make the Self-Help Group, a party. In the absence of

employer-employees relationship the petitioner is not

entitled to any relief from the Respondent.

15. It is pointed out on behalf of the Repondent that in

any case the petitioner has not worked for 240 days

preceding the date of her alleged termination and so she

could not be said to have been in continuous employment

and for this reasons itself she would not be entitled to any

relief. The case of the petitioner in the Claim Statement as

well as the Proof Affidavit is that she had worked until

31.07.2012. She has stated during her cross-examination

that she has not attended duty during the whole month of

July 2012. She worked only for 7 days in the month of June

2012. During May, she worked only for 1 day. During April,

she is said to have worked for 28 days. Referring to the

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THE GAZETTE OF INDIA : OCTOBER 24, 2015/KARTIKA 2, 1937

[PART II—SEC. 3 (ii)]

admission made by the petitioner during her cross-

examination it is pointed out by the counsel for the

Respondent that she could not have worked for more than

240 days in the 12 months preceding 31.07.2012 if her

evidence is taken into account. She has not produced any

evidence to show that she had worked for more than 240

days during the 12 months preceding her alleged termination

so she could not be deemed to have been in continuous

employment. Considered from any point of view, the

petitioner is not entitled to any relief.

In view of my discussion above, the reference is

answered against the petitioner. An award is passd

accourdingly.

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

corrected and pronounced by me in the open court on this

day the 30th September, 2015)

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner

: WW1, Smt. M. Mary

For the 2nd Party/Management : MW1, Sri. Y.E.L.

Sudhakar Rao Punjari

MW2, Sri V. Sivakumar

Documents Marked:

On the petitioner's side:

Ex. No.

Date

Description

Ext. W1

-

Contract Worker Pass of the Petitioner

Ext. W2

-

Death Certificatge of the Petitioner's

fatyher Francis Jothy dated 15.02.1991

Ext. W3

Petitioner's Lawyer Notice dated

11.12.2012 with Acknowledgement

Card & Receipt

On the Management's side

Ex. No.

Date

Description

Ext. M1

11.10.2013 Representation made by Petitioner

to the Director.

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.