4540 GI/2015

(4295)

x`g ea=ky;

¼Hkkjr ds egkjftLVªkj dk dk;kZy;½

ubZ fnYyh] 2 uoEcj] 2015

dk-vk- 2086-—tUe vkSj e`R;q jftLVªhdj.k vf/fu;e] 1969

¼1969 dk 18½ dh /kkjk 3 dh mi/kkjk ¼2½ }kjk iznRr 'kfDr;ksa dk

iz;ksx djrs gq, dsUæ ljdkj Hkkjr ds egkjftLVªkj dh bl vf/fu;e

ds varxZr vius dk;ks± vkSj nkf;Roksa ds fuoZgu esa lgk;rk djus ds

iz;kstu ls ,rn~}kjk Jh dkes'oj vks>k] mi egkfuns'kd] Hkkjr ds

egkjftLVªkj dk dk;kZy; dks vij egkjftLVªkj ds :i esa fu;qDr

djrh gS A

[la- 1@6@2006&iz'kk- III]

jke xksiky] voj lfpo

MINISTRY OF HOME AFFAIRS

(Office of the Registrar General, India)

New Delhi, the 2nd November, 2015

S.O. 2086.—In exercise of the powers conferred by

sub-section (2) of section-3 of the Registration of Births

and Deaths Act, 1969 (18 of 1969), the Central Government

hereby appoints Shri Kameshwar Ojha, Deputy Director

General in the office of the Registrar General, India as

Additional Registrar General for the purpose of assisting

the Registrar General,, India in discharging his functions

and responsibilities under this Act.

[No. 1/6/2006-Ad.-III]

RAM GOPAL, Under Secy.

fons'k ea=ky;

¼lh-ih-oh- izHkkx½

ubZ fnYyh] 20 vDrwcj] 2015

dk-vk- 2087-—jktuf;d vkSj dksalqyh; vf/kdkjh ¼'kiFk vkSj

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

dsaæ ljdkj Jh eksgen vyh tkSgj] lgk;d dks 20 vDrwcj] 2015

ls Hkkjr ds nwrkokl] cqMkisLV esa lgk;d dksalqyj vf/kdkjh ds

drZO;ksa dk ikyu djus ds fy, izkf/kd`r djrh gS A

[la- Vh&4330@01@2015]

izdk'k pUn] mi lfpo ¼dksalqyj½

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

REGD. NO. D. L. (N) 04/0007/2003—05

izkf/dkj ls izdkf'kr

PUBLISHED BY AUTHORITY

lkIrkfgd

WEEKLY

la- 45]

ubZ fnYyh] uoEcj 1—uoEcj 7] 2015] 'kfuokj@dk£rd 10—dk£rd 16] 1937

No. 45]

NEW DELHI, NOVEMBER 1—NOVEMBER 7, 2015, SATURDAY/KARTIKA 10—KARTIKA 16, 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)

4296

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

MINISTRY OF EXTERNAL AFFAIRS

(CPV Division)

New Delhi, the 20th October, 2015

S.O. 2087.—In pursuance of the clause (a) of the

Section 2 of the Diplomatic and Consular Officers (Oaths

and Fees) Act, 1948 (41 of 1948), the Central Government

hereby authorises Shri Md. Ali Jouher, Assistant in

Embassy of India, Budapest to perform the Consular

services as Assistant Consular Officer with effect from 20th

October, 2015.

[No. T-4330/01/2015]

PRAKASH CHAND, Dy. Secy. (Consular)

ubZ fnYyh] 23 vDrwcj] 2015

dk-vk- 2088-—jktuf;d vkSj dksalqyh; vf/kdkjh ¼'kiFk vkSj

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

dsaæ ljdkj Jh nhid dqekj 'kekZ vkSj Jh vk;q'k cMksuh] lgk;d dks

28 vDrwcj] 2015 ls Hkkjr ds nwrkokl] ;axwu esa lgk;d dksalqyj

vf/kdkjh ds drZO;ksa dk ikyu djus ds fy, izkf/kd`r djrh gS A

[la- Vh&4330@01@2015]

izdk'k pUn] mi lfpo ¼dksalqyj½

New Delhi, the 23rd October, 2015

S.O. 2088.—In pursuance of the clause (a) of the

Section 2 of the Diplomatic and Consular Officers (Oaths

and Fees) Act, 1948 (41 of 1948), the Central Government

hereby authorises (1) Shri Deepak Kumar Sharma, Assistant

and (2) Shri Ayush Badoni, Assistant in Embassy of India,

Yangaon to perform the Consular services as Assistant

Consular Officer with effect from 28th October, 2015.

[No. T-4330/01/2015]

PRAKASH CHAND, Dy. Secy. (Consular)

ubZ fnYyh] 23 vDrwcj] 2015

dk-vk- 2089-—jktuf;d vkSj dksalqyh; vf/kdkjh ¼'kiFk vkSj

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

dsaæ ljdkj Jh uUn fd'kksj] lgk;d] Jh Mh- ,l- fo"V] lgk;d vkSj

Jh lanhi ljdkj] lgk;d dks 23 vDrwcj] 2015 ls Hkkjr ds nwrkokl]

iSfjl esa lgk;d dksalqyj vf/kdkjh ds drZO;ksa dk ikyu djus ds

fy, izkf/kd`r djrh gS A

[la- Vh&4330@01@2015]

izdk'k pUn] mi lfpo ¼dksalqyj½

New Delhi, the 23rd October, 2015

S.O. 2089.—In pursuance of the clause (a) of the

Section 2 of the Diplomatic and Consular Officers (Oaths

and Fees) Act, 1948 (41 of 1948), the Central Government

hereby authorises (1) Shri Nand Kishore, Assistant, (2)

Shri D.S. Bisht, Assistant (3) Shri Sandip Sarkar, Assistant,in

Embassy of India, Paris to perform the Consular services

as Assistant Consular Officer with effect from 23rd October,

2015.

[No. T-4330/01/2015]

PRAKASH CHAND, Dy. Secy. (Consular)

ubZ fnYyh] 26 vDrwcj] 2015

dk-vk- 2090-—jktuf;d vkSj dksalqyh; vf/kdkjh ¼'kiFk vkSj

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

dsaæ ljdkj Jh gseUr taxhn] fuEu Js.kh fyfid dks 26 vDrwcj]

2015 ls Hkkjr ds nwrkokl] twck esa lgk;d dksalqyj vf/kdkjh ds

drZO;ksa dk ikyu djus ds fy, izkf/kd`r djrh gS A

[la- Vh&4330@01@2015]

izdk'k pUn] mi lfpo ¼dksalqyj½

New Delhi, the 26th October, 2015

S.O. 2090.—In pursuance of the clause (a) of the

Section 2 of the Diplomatic and Consular Officers (Oaths

and Fees) Act, 1948 (41 of 1948), the Central Government

hereby authorises (1) Shri Hemant Jangid, LDC in Embassy

of India, Juba to perform the Consular services as Assistant

Consular Officer with effect from 26th October, 2015.

[No. T-4330/01/2015]

PRAKASH CHAND, Dy. Secy. (Consular)

ubZ fnYyh] 28 vDrwcj] 2015

dk-vk- 2091-—jktuf;d vkSj dksalqyh; vf/kdkjh ¼'kiFk vkSj

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

dsaæ ljdkj Jh lanhi dqekj ¯lg] lgk;d dks 28 vDrwcj] 2015 ls

Hkkjrh; mPpk;ksx] ekiqrks esa lgk;d dksalqyj vf/kdkjh ds drZO;ksa

dk ikyu djus ds fy, izkf/kd`r djrh gS A

[lañ Vh&4330@01@2015]

izdk'k pUn] mi lfpo ¼dksalqyj½

New Delhi, the 28th October, 2015

S.O. 2091.—In pursuance of the clause (a) of the

Section 2 of the Diplomatic and Consular Officers (Oaths

and Fees) Act, 1948 (41 of 1948), the Central Government

hereby authorises Shri Sandeep Kumar Singh, Assistant

in High Commission of India, Maputo to perform the

Consular service as Assistant Consular Officer with effect

from 28th October, 2015.

[No. T-4330/01/2015]

PRAKASH CHAND, Dy. Secy. (Consular)

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4297

lkekftd U;k; vkSj vf/kdkfjrk ea=ky;

¼lkekftd U;k; vkSj vf/kdkfjrk foHkkx½

ubZ fnYyh] 27 vDrwcj] 2015

dk-vk- 2092-—jk"Vªh; vuqlwfpr tutkfr vk;ksx ¼,ulh,lVh½

tks vc rd lkekftd U;k; vkSj vf/kdkfjrk ea=ky; ds iz'kklfud

fu;a=.kk/khu Fkk] ds X;kjg ¼11½la;qDr laoxZ ds inksa vFkkZr~

funs'kd ¼xzsM osru % 7600 #i,½ds 4 in] mi funs'kd ¼xzsM osru %

6600 #i,½ds 2 in vkSj lgk;d funs'kd ¼xzsM osru % 5400 #i,½ds

5 in] dks tutkrh; dk;Z ea=ky; ds iz'kklfud fu;a=.kk/khu muds

LVkQ esa rRdky izHkko ls LFkkukarfjr fd;k tkrk gS A

[la- ,&42018@53@2009&LFkk- I]

ts- ih- nÙk] mi lfpo

MINISTRY OF SOCIAL JUSTICE AND

EMPOWERMENT

(Department of Social Justice and Empowerment)

New Delhi, the 27th October, 2015

S.O. 2092.—The Eleven (11) joint cadre viz. 4 posts

of Director (Grade pay: Rs. 7600), 2 posts of Deputy Director

(Grade pay: Rs. 6600) and 5 posts of Assistant Director

(Grade pay: Rs. 5400) assigned with National Commission

for Scheduled Tribes (NCST) which were hitherto under

the administrative control of Ministry of Social Justice

and Empowerment (M/o SJ&E) stands transferred to the

strength and administrative control of Ministry of Tribal

Affairs (MoTA) with immediate effect.

[No. A-42018/53/2009-Estt.I]

J. P. DUTT, Dy. Secy.

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

(dkfeZd vkSj izf'k{k.k foHkkx)

ubZ fnYyh] 28 vDrwcj] 2015

dk-vk- 2093.—dsUæh; ljdkj ,rn}kjk fnYyh fo'ks"k iqfyl

LFkkiuk vf/kfu;e] 1946 ¼1946 dk vf/kfu;e la- 25½ dh /kkjk 6

ds lkFk ifBr /kkjk 5 dh mi/kkjk ¼1½ }kjk iznRr 'kfDr;ksa dk iz;ksx

djrs gq,] layXu vuqjks/k i= la[;k 20@,l-ih-,y@2&15&3 ,p-th-

vkbZ- fnukad 22 vDrwcj] 2015 ds ekè;e ls gfj;k.kk ds jkT;iky

ds uke ,oa vkns'k }kjk izkIr lgefr ls Hkkjrh; naM lafgrk dh

/kjk& 147@149@452@436@307@302 ,oa 3@33@89 ,l-lh-@,l-Vh-

vf/fu;e ds v/hu iqfyl LVs'ku lnj cYycx<+] iQjhnkckn]

gfj;k.kk esa iathÑr vijk/ ekeyk la[;k 325@2015 fnukafdr

20&10&2015 ,oa mi;qZDr vijk/kksa esa fd, x;s iz;klksa] nq"izjs.kkvksa

,oa "kM;a=ksa ;k mlh laO;ogkj esa fd;s x, vFkok mUgha rF;ksa ls mRiUu

fdlh vU; vijk/k ;k vijk/kksa dk vUos"k.k djus ds fy, fnYyh

fo'ks"k iqfyl LFkkiuk ds lnL;ksa dh 'kfDr;ksa ,oa {ks=kf/kdkj dk foLrkj

leLr gfj;k.kk jkT; esa djrh gSA

[Qk- la- 228@49@2015&,ohMh&II]

vthr dqekj] voj lfpo

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES

AND PENSIONS

(Department of Personnel and Training)

New Delhi, the 28th October, 2015

S.O. 2093.—In exercise of the powers conferred by

sub-section (1) of section 5 of the Delhi Special Police

Establishment Act, 1946 (Act No. 25 of 1946), the Central

Government with the consent by order and in the name of

the Governor of Haryana enclosed with request letter No.

20/SPL/2-15-3 HGI dated 22nd Octobe 2015. hereby extends

the powers and jurisdiction of the members of Delhi Special

Police Establishment to the whole of the State of Haryana

for investigation of FIR No. 325/2015 dated 20-10-15 U/s

147/149/452/436/307/302 IPC & 3/33/89 SC/ST Act

Registered at Police Station Sadar Ballabgarh, Faridabad,

Haryana and attempt, abetment and conspiracies in

relation to or in connection with the above mentioned

offence and any other offence or offences committed in

course of the same transaction or arising out of the same

facts.

[F. No. 228/49/2015-AVD-II]

AJIT KUMAR, Under Secy.

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

(LokLF; vkSj ifjokj dY;k.k foHkkx)

ubZ fnYyh] 26 vDrwcj] 2015

dk-vk. 2094.—Hkkjrh; fpfdRlk ifj"kn vf/fu;e] 1956

(1956 dk 102) dh /kkjk 11 dh mi&/kjk (2) }kjk iznÙk

'kfDr;ksa dk iz;ksx djrs gq, dsUnz ljdkj] lac¼ fo'ofo|ky; ds

uke esa ifjorZu gksus ds dkj.k Hkkjrh; fpfdRlk ifj"kn ls ijke'kZ

djus ds i'pkr~] ,rn~}kjk mDr vf/fu;e dh izFke vuqlwph esa

vkSj fuEufyf[kr la'kks/u djrh gS] vFkkZr~ %

mDr vuqlwph esa —

(d) vk;ZHkV~V ukWyst ;wfuo£lVh] iVuk] fogkj ds lkeus s

^ekU;rkizkIr fpfdRlk vgZrk* ¹vkxs dkWye (2) ds rkSj ij

mfYyf[krº 'kh"kZ ds varxZr] vafre izfof"V ds ckn vkSj ^iathdj.k

ds fy, laf{kIr :i* ¹vkxs dkWye (3) ds rkSj ij mfYyf[krº

'kh"kZd ds varxZr] fuEufyf[kr dks varfoZ"V fd;k tk,xk] vFkkZr~%&

4298

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

(2)

(3)

eftLVkj fp#jth

,e-lh-,p- (IykfLVd ltZjh)

(IykfLVd ltZjh)

(;g 2011 esa vFkok mlds ckn iVuk

esfMdy dkyst] iVuk] fcgkj esa

izf'kf{kr fd, tk jgs Nk=kksa ds laca/ esa

vk;ZHkV~V ukWyst ;wfuo£lVh] iVuk] fcgkj

}kjk LohÑr fd, tkus ij ekU;rkizkIr

fpfdRlk vgZrk gksxh) A

lHkh ds fy, fVIi.kh %

1- LukrdksÙkj ikB~;Øe ds fy, LohÑr ekU;rk 5 o"kZ

dh vf/dre vof/ ds fy, gksxh] ftlds ckn bldk

uohdj.k fd;k tk,xk A

2- mi&/kjk 4 esa visf{kr vuqlkj ekU;rk dks le; ij

uohdj.k ugha djkus ds iQyLo:i lacaf/r lzkrdksÙkj

ikB~;Øe esa fujiokn :i ls nkf[kyk can gks tk,xk A

[la- ;w- 12012@560@2015&,ebZ&I]

Mh- oh- ds- jko] voj lfpo

MINISTRY OF HEALTH AND FAMILY WELFARE

(Department of Health and Faimly Welfare)

New Delhi, the 26th October, 2015

S.O. 2094.—In exercise of the powers conferred by

sub-section (2) of the Section 11 of the Indian Medical

Council Act, 1956 (102 of 1956), the Central Government,

after consulting the Medical Council of India, hereby

makes the following further amendments in the First

Schedule to the said Act, due to change of affiliating

University, of the qualification namely :—

In the said Schedule —

(a) against “Aryabhatta Knowledge University,

Patna, Bihar’’ under the heading ‘Recognised Medical

Qualification’ [hereinafter referred to as column (2)], after

the last entry and entry relating thereto under the heading

‘Abbreviation for Registration’ [hereinafter referred to as

column (3)], the following shall be inserted, namely:—

(2)

(3)

“Magistrar Chirurgiae

M.Ch. (Plastic Surgery)

(Plastic Surgery)

(This shall be a recognised

medical qualification when

granted

by

Aryabhatta

Knowledge University, Patna,

Bihar in respect of students

being trained at Patna

Medical College, Patna, Bihar

on or after 2011).

Note to all:

1. The recognition so granted to a Postgraduate

Course shall be for a maximan period of 5 years,

upon which it shall have to be renewed,

2. Failure to seek timely renewal of recognition as

required in sub-clause 4 shall invariably result in

stoppage of admissions to the concerned

Postgraduate Course.

[No. U. 12012/560/2015-ME-I]

D. V. K. RAO, Under Secy.

isVªksfy;e vkSj izkÑfrd xSl ea=kky;

ubZ fnYyh] 15 vDrwcj] 2015

dk-vk- 2095-—dsUnzh; ljdkj isVªksfy;e vkSj [kfut

ikbiykbu (Hkwfe esa mi;ksx ds vfèkdkj dk vtZu) vfèkfu;e]

1962 (1962 dk 50) dh /kjk 2 ds [k.M (d) ds vuqlj.k esa

uhps vuqlwph ds LraHk (1) esa mfYyf[kr O;fDr dks mDr vuqlwph

ds LraHk (2) esa dh rRLFkkuh izfof"V esa mfYyf[kr {ks=k dh ckcr]

mDr vf/fu;e ds v/hu l{ke izkf/dkjh ds ÑR;ksa dk ikyu

djus ds fy, izkfèkÑr djrh gS vFkkZr~%µ

izkf/dkjh dk uke vkSj irk

{ks=k

(1)

(2)

Jh vjfoUn [kjs]

fjVk;MZ la;qDr lapkyd] (m|ksx)]

eè; izns'k jkT;

eè; izns'k jkT;

eYykoje&Hkksiky&HkhyokM+k&fot;iqj

uspjy xSl ikbiykbu usVodZ

th,slih,sy bafM;k VªkUldks fyfeVsM

lsDVj&ch] 9@8] egkdky okf.kT; dsUæ]

ukuk[ksjk] mTtSu & 456 010]

eè; izns'k jkT;

2- ;g vf/lwpuk 01&04&2015 ls izHkkoh ekuh tk;sxh A

[iQk- la- ,y&14014@39@2011&th-ih-&II]

Jh izdk'k vxzoky] voj lfpo

MINISTRY OF PETROLEUM AND NATURAL GAS

New Delhi, the 15th October, 2015

S.O. 2095.—In pursuance of clause (a) of section

2 of the Petroleum and Minerals Pipelines (Acquisition of

Right of user in Land Act, 1962 (50 of 1962), the Central

Government hereby Authorizes the person mentioned in

cplumn (1) of the Schedule given below to perform the

functions of the Competent Authority under the said Act,

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4299

in respect of the areas mentioned in column (2) of the said

Schedule namely:—

Name and Address of the Authority

Area of

Jurisdiction

(1)

(2)

Shri Arvind Khare,

Retd. Joint Director (Industries)

For the State of

Government of Madhya Pradesh

Madhya Pradesh

Mallavaram-Bhopal-Bhilware-

Vijaipur Natural Gas Pipeline

Project.

GSPL INDIA TRANSCO Limited

Sector-B 9/8, Mahakal Vanijya

Kendra,

Nanakheda, Ujjain-456010,

(Madhya Pradesh)

2. This notification will be deemed to be effective

from 01-04-2015.

[F. No. L-14014/39/2011-GP-II]

SHRI PRAKASH AGARWAL, Under Secy.

oL=k ea=kky;

ubZ fnYyh] 29 vDrwcj] 2015

dk-vk- 2096-—dsUnzh; ljdkj] (la?k ds 'kkldh; iz;kstuksa

ds fy,) jktHkk"kk fu;e] 1976 ds fu;e 10 ds mifu;e (4) ds

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

dks ftlds 80» ls vf/d deZpkfj;ksa us ¯gnh dk dk;Zlk/d Kku

izkIr dj fy;k gS] vf/lwfpr djrh gS%µ

1- dkslk ijh{k.k dsaæ] dsUnzh; js'ke izkSn~;ksfxdh; vuqla/ku

laLFkku] dsUnzh; js'ke cksMZ] ljdkjh dkslk cktkj] ch-,e-

jksM] jkeuxje&571511 (dukZVd)

2- dPpk js'ke ijh{k.k dsaæ] dsUnzh; js'ke izkSn~;ksfxdh;

vuqla/ku laLFkku] dsUnzh; js'ke cksMZ] ljdkjh vkn'kZ chtkxkj

dkEiySDl] flíyxV~Vk&562105 (dukZVd)

[la- bZ&11016@1@2015&¯gnh]

xhrk ukjk;.k] la;qDr lfpo

MINISTRY OF TEXTILES

New Delhi, the 29th October, 2015

S.O. 2096.—In pursuance of sub-rule (4) of Rule 10 of

the Official Languages (Use for the official purpose of the

Union) Rules, 1976. the Central Government, hereby notifies

the following offices of the Ministry of Textiles, more than

80% staff whereof have acquired working knowledge of

Hindi:

1. Cocoon Testing Centre, CSTRI, Central Silk Board,

Govt. cocoon Market, B. M. Road, Ramnagaram-

571511 (Karnataka)

2. Raw Silk Testing Centre, CSTRI, Central Silk Board,

Govt. Model Grainage Complex, Siddalaghatta-

562105 (Karnataka)

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

GEETA NARAYAN, Jt. Secy.

Je ,oa jkstxkj ea=kky;

ubZ fnYyh] 28 vDrwcj] 2015

dk-vk- 2097-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj nwjlapkj] Hkkjr

lapkj fuxe fyfeVsM ds izcaèkra=k ds lac¼ fu;kstdksa vkSj muds

deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh;

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

(lanHkZ la[;k lhthvkbZVh@,ylh@vkj@39@2001) dks izdkf'kr djrh

gS] tks dsUnzh; ljdkj dks 27@10@2015 dks izkIr gqvk FkkA

¹la- ,y&40012@256@2000&vkbZvkj (Mh;w)º

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

MINISTRY OF LABOUR AND EMPLOYMENT

New Delhi, the 28th October, 2015

S.O. 2097.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. CGIT/

LC/R/39/2001) of the Central Government Industrial

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

the Annexure in the Industrial Dispute between the

employers in relation to the management of the Telecom,

BSNL and their workman, which was received by the

Central Government on 27/10/2015.

[No. L-40012/256/2000-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/39/2001

Shri Bherulal, S/o Ratanlal,

Village Sagoria,

Tehsil Garodh,

Mandsour (MP)

...Workman

4300

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

Versus

Chief General Manager,

Telecom, BSNL,

Hoshangabad Road, Bhopal

Telecom District Engineer,

Shajapur

...Management

A W A R D

Passed on this 28th day of September 2015

1.

As per letter dated 18-1-01 by the Government of

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

received. The reference is made to this Tribunal under

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

256/2000/IR(DU). The dispute under reference relates to:

“Whether the action of the management of Chief

General Manager, Telecom and Director RE Project

and TDM, mandsaur in terminating the services of

Shri Bherulal, S/o Ratanlal w.e.f. September 1987 is

justified? If not, to what relief the workman is

entitled?”

2.

After receiving reference, notices were issued to

the parties. Ist party workman submitted statement of claim

at Page 5/1 to 5/4. Case of workman is that 2nd party no.2

engaged temporary employee in electrification Project,

Ratlam Kota Division. Workman was engaged by Telecom

Deptt. Services were terminated without notice. That

employee completing more than 240 days cannot be

terminated. Such employee gets eligibility for permanent

appointment. Workman had requested reinstatement as

per application dated 19-10-96. Any order was not passed

on his application. Workman and others approached CAT.

They were allowed time for approaching ALC, Bhopal for

redressal of their grievance. Document about attendance

was not submitted. 2nd party denied the documents.

Workman submits that he worked more than 365 days. He

acquired status of permanent employee. That he signed

on the documents about payment of wages as temporary

employee. Workman shows willingness to produce

relevant documents in support of his claim. As per ratio

held by Apex Court in various cases, workman has

completed working days getting the status of regular

employee. On such ground, workman prays for appropriate

reliefs.

3.

2nd party filed Written Statement at Page 8/1 to 8/9

opposing claim of workman. 2nd party submits that Deptt.

of Telecommunication have been changed and presently

known as BSNL. That Union of India is not necessary

party. 2nd Party No.2 is shown incorrectly. That Incharge

of the office is District Divisional Engineer, Telecom.

Parties are not correctly shown. 2nd party submits that

Railway electrification Project work between Ratlam to

Kota was carried by DTO Shamgarh during July 86 to Jan

87. It is not covered under ID Act. Said project was for less

than 2 years period. Section 25-F,G of ID Act are not

applicable. As per ratio held by Apex Court in various

cases, workman doensot get status of regular employee.

It is not necessary to assign reason for terminating

services. It is denied that workman is entitled to be

regularized in service. Any documents are not produced

by workman. The representation submitted by workman

were received. The demand of workman was unjustified.

Workman had submitted petition before CAT, Jabalpur. It

is submitted that applicant was allowed to pursue matter

before ALC. The attendance chart produced by workman

is not as per record. It is denied that workman continuously

worked for 365 days. It is denied that workman signed

register of payment of wages of casual workers. The

availability of documents cannot be imagined. Workman

had not completed 240 days service. Therefore he is not

entitled to any benefits.

4.

Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:-

(i) Whether the action of the manage-

In Affirmative

ment of Chief General Manager,

Telecom and Director RE Project

and TDM, Mandsaur in terminating

the services of Shri Bherulal, S/o

Ratanlal w.e.f. September 1987

is justified?

(ii) If not, what relief the workman is

Workman is

entitled to?”

not entitled to

any relief.

REASONS

5.

The terms of reference pertains to legality of

termination of workman. 2nd party has pleaded that

Telecom Department is presently known as BSNL. Term

of reference further pertains to termination of service by

Chief General Manager, Telecom and Director, Railway

Electrification Project. Railway Electrification project is not

impleaded as party . Workman filed affidavit of his

evidence. In para 2 of his affidavit of evidence, workman

says that he was not shown as employee. It was contented

that he was engaged on contract basis. He could not be

appointed on permanent post. That he was not engaged

only for contract period. His affidavit is absolutely silent

about period of his engagement, who had engaged him on

work. In his cross-examination, workman claims ignorance

whether work of alignment was to be completed within 2

years. He denies suggestion of 2nd party about his working

days.

6.

Management filed affidavit of witness Shri.Fareed

Ahmed Kazi that the work of Railway Electrification

between Ratlam to Kota was carried in 1986-87, workman

was engaged as casual labour. As per evidence of

management’s witness, Exhibit M-3 is proved. Working

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4301

days of workman are less than 240 days. Management’s

witness was not cross-examined. His evidence remained

unchallenged. I find no reason to discard evidence of

management’s witness, as workman has failed to prove

that he worked more than 240 days , he is not entitled to

protection of Section 25-F of ID Act, therefore I record my

finding in Point No.1 in Affirmative.

7.

In the result, award is passed as under:-

(1)

The action of the management of Chief General

Manager, Telecom and Director RE Project and TDM,

Mandsaur in terminating the services of Shri

Bherulal, S/o Ratanlal w.e.f. September 1987 is legal

and proper.

(2)

Workman is not entitled to any relief.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 28 vDrwcj] 2015

dk-vk- 2098-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj nwjlapkj] Hkkjr

lapkj fuxe fyfeVsM ds izcaèkra=k ds lac¼ fu;kstdksa vkSj muds

deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh;

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

(lanHkZ la[;k lhthvkbZVh@,ylh@vkj@38@2001) dks izdkf'kr djrh

gS] tks dsUnzh; ljdkj dks 27@10@2015 dks izkIr gqvk FkkA

¹la- ,y&40012@249@2000&vkbZvkj (Mh;w)º

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

New Delhi, the 28th October, 2015

S.O. 2098.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. CGIT/

LC/R/38/2001) of the Central Government Industrial

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

the Annexure in the Industrial Dispute between the

employers in relation to the management of the Telecom,

BSNL and their workman, which was received by the

Central Government on 27/10/2015.

[No. L-40012/249/2000-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/38/2001

Shri Pirulal S/o Mangilal Gupta,

Vill Dhamnia Diwan,

Tehsil Garodh,

Mandsaur (MP)

...Workman

Versus

Chief General Manager,

Telecom, BSNL,

Hoshangabad Road, Bhopal

Telecom District Engineer,

Shajapur

...Management

AWARD

Passed on this 28th day of September, 2015

1.

As per letter dated 18-1-01 by the Government of

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

received. The reference is made to this Tribunal under

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

249/2000/IR(DU). The dispute under reference relates to:

“Whether the action of the management of Chief

General Manager, Telecom and Director RE Project

and TDM, mandsaur in terminating the services of

Shri Pirulal S/o shri Mangilal Gupta w.e.f. September

1988 is justified? If not, to what relief the workman is

entitled?”

2.

After receiving reference, notices were issued to

the parties. Ist party workman submitted statement of claim

at Page 5/1 to 5/4. Case of workman is that 2nd party no.2

engaged temporary employee in electrification Project,

Ratlam Kota Division. Workman was engaged by Telecom

Deptt. Services were terminated without notice. That

employee completing more than 240 days cannot be

terminated. Such employee gets eligibility for permanent

appointment. Workman had requested reinstatement as

per application dated 19-10-96. Any order was not passed

on his application. Workman and others approached CAT.

They were allowed time for approaching ALC, Bhopal for

redressal of their grievance. Document about attendance

was not submitted. 2nd party denied the documents.

Workman submits that he worked more than 365 days. He

acquired status of permanent employee. That he signed

on the documents about payment of wages as temporary

employee. Workman shows willingness to produce

relevant documents in support of his claim. As per ratio

held by Apex Court in various cases, workman has

completed working days getting the status of regular

employee. On such ground, workman prays for appropriate

reliefs.

3.

2nd party filed Written Statement at Page 8/1 to 8/9

opposing claim of workman. 2nd party submits that depttt.

of Telecommunication have been changed and presently

known as BSNL. That Union of India is not necessary

party. 2nd Party No.2 is shown incorrectly. That Incharge

of the office is District Divisional Engineer, Telecom.

Parties are not correctly shown. 2nd party submits that

Railway electrification Project work between Ratlam to

Kota was carried by DTO Shamgarh during July 86 to

Jan 87. It is not covered under ID Act. Said project was for

4302

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

less than 2 years period. Section 25-F,G of ID Act are not

applicable. As per ratio held by Apex Court in various

cases, workman doesnot get status of regular employee.

It is not necessary to assign reason for terminating

services. It is denied that workman is entitled to be

regularized in service. Any documents are not produced

by workman. The representation submitted by workman

were received. The demand of workman was unjustified.

Workman had submitted petition before CAT, Jabalpur. It

is submitted that applicant was allowed to pursue matter

before ALC. The attendance chart produced by workman

is not as per record. It is denied that workman continuously

worked for 365 days. It is denied that workman signed

register of payment of wages of casual workers. The

availability of documents cannot be imagined. Workman

had not completed 240 days service. Therefore he is not

entitled to any benefits.

4.

Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:-

(i)

Whether the action of the manage-

In Affirmative

ment of Chief General Manager,

Telecom and Director RE Project

and TDM, Mandsaur in terminating

the services of Shri Pirulal S/o

Shri Mangilal Gupta w.e.f.

September 1988 is justified?

(ii) If not, what relief the workman is

Workman is

entitled to?”

not entitled

to any relief.

REASONS

5.

The terms of reference pertains to legality of

termination of workman. 2nd party has pleaded that

Telecom Department is presently known as BSNL. Term

of reference further pertains to termination of service by

Chief General Manager, Telecom and Director, Railway

Electrification Project. Railway Electrification project is not

impleaded as party . Workman filed affidavit of his

evidence. In para 2 of his affidavit of evidence, workman

says that he was not shown as employee. It was contented

that he was engaged on contract basis. He could not be

appointed on permanent post. That he was not engaged

only for contract period. His affidavit is absolutely silent

about period of his engagement, who had engaged him on

work. Workman remained absent for his cross-examination.

Evidence of workman was closed on 2-6-2010. Workman

was absent for his cross-examination, therefore his

evidence cannot be considered.

6.

Management filed affidavit of witness Shri Farid

Ahmed Kazi that the work of Railway Electrification

between Ratlam to Kota was carried in 1986-87, workman

was engaged as casual labour. Working days of workman

are shown in Para-6 of his affidavit. It comes more than

240 days during June86 to May 87. In para 7 of his affidavit,

management’s witness says workman had not

continuously worked more than 240 days . Affidavit of

management’s witness is rather inconsistent. From

evidence of management’s witness, document M-1 to M-

3 are admitted in evidence. The working days of workman

comes more than 240 days as per Exhibit M-3. However

BSNL has been impleaded as party. Considering workman

worked more than 240 days as per Exhibit M-3, termination

of his service without notice is in violation of Section 25-

F of ID Act. Therefore I record my finding in Point No.1 in

Negative.

7.

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

services of workman are terminated in violation of Section

25-F of ID Act, evidence of management’s witness shows

that workman had hardly worked about 1 year on daily

wages, reinstatement cannot be allowed. Compensation

Rs. 30,000 would be reasonable. Accordingly I record my

finding in Point No.2.

8.

In the result, award is passed as under:-

(1)

The action of the management of Chief General

Manager, Telecom and Director RE Project and TDM,

Mandsaur in terminating the services of Shri Pirulal

S/o Shri Mangilal Gupta w.e.f. September 1988 is not

legal and proper.

(2)

2nd party BSNL is directed to pay compensation

Rs.30,000 to the workman.

Amount as per above order shall be paid to workman

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

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

from the date of award till its realization.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 28 vDrwcj] 2015

dk-vk- 2099-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj nwjlapkj] Hkkjr

lapkj fuxe fyfeVsM ds izcaèkra=k ds lac¼ fu;kstdksa vkSj muds

deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh;

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

(lanHkZ la[;k lhthvkbZVh@,ylh@vkj@40@2001) dks izdkf'kr djrh

gS] tks dsUnzh; ljdkj dks 27@10@2015 dks izkIr gqvk FkkA

¹la- ,y&40012@257@2000&vkbZvkj (Mh;w)º

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

New Delhi, the 28th October, 2015

S.O. 2099.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. CGIT/

LC/R/40/2001) of the Central Government Industrial

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4303

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

the Annexure in the Industrial Dispute between the

employers in relation to the management of the Telecom,

BSNL and their workman, which was received by the

Central Government on 27/10/2015.

[No. L-40012/257/2000-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/40/2001

Shri Mohanlal,

S/o Puralal, Vill Sagoria,

Tehsil Garod,

Mandsour (MP)

...Workman

Versus

Chief General Manager,

Telecom, BSNL,

Hoshangabad Road, Bhopal

Telecom District engineer,

Shajapur

...Management

AWARD

Passed on this 28th day of September, 2015

1.

As per letter dated 18-1-01 by the Government of

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

received. The reference is made to this Tribunal under

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

257/2000/IR(DU). The dispute under reference relates to:

“Whether the action of the management of Chief

General Manager, Telecom and Director RE Project

and TDM, mandsaur in terminating the services of

Shri Mohanlal,S/o Puralal w.e.f. September 1988 is

justified? If not, to what relief the workman is

entitled?”

2.

After receiving reference, notices were issued to

the parties. Ist party workman submitted statement of claim

at Page 5/1 to 5/4. Case of workman is that 2nd party no.2

engaged temporary employee in electrification Project,

Ratlam Kota Division. Workman was engaged by Telecom

Deptt. Services were terminated without notice. That

employee completing more than 240 days cannot be

terminated. Such employee gets eligibility for permanent

appointment. Workman had requested reinstatement as

per application dated 19-10-96. Any order was not passed

on his application. Workman and others approached CAT.

They were allowed time for approaching ALC, Bhopal for

redressal of their grievance. Document about attendance

was not submitted. 2nd party denied the documents.

Workman submits that he worked more than 365 days. He

acquired status of permanent employee. That he signed

on the documents about payment of wages as temporary

employee. Workman shows willingness to produce

relevant documents in support of his claim. As per ratio

held by Apex Court in various cases, workman has

completed working days getting the status of regular

employee. On such ground, workman prays for appropriate

reliefs.

3.

2nd party filed Written Statement at Page 8/1 to 8/9

opposing claim of workman. 2nd party submits that Deptt.

of Telecommunication have been changed and presently

known as BSNL. That Union of India is not necessary

party. 2nd Party No.2 is shown incorrectly. That Incharge

of the office is District Divisional Engineer, Telecom.

Parties are not correctly shown. 2nd party submits that

Railway electrification Project work between Ratlam to

Kota was carried by DTO Shamgarh during July 86 to Jan

87. It is not covered under ID Act. Said project was for less

than 2 years period. Section 25-F,G of ID Act are not

applicable. As per ratio held by Apex Court in various

cases, workman doesnot get status of regular employee.

It is not necessary to assign reason for terminating

services. It is denied that workman is entitled to be

regularized in service. Any documents are not produced

by workman. The representation submitted by workman

were received. The demand of workman was unjustified.

Workman had submitted petition before CAT, Jabalpur. It

is submitted that applicant was allowed to pursue matter

before ALC. The attendance chart produced by workman

is not as per record. It is denied that workman continuously

worked for 365 days. It is denied that workman signed

register of payment of wages of casual workers. The

availability of documents cannot be imagined. Workman

had not completed 240 days service. Therefore he is not

entitled to any benefits.

4.

Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:-

(i)

Whether the action of the manage-

In Affirmative

ment of Chief General Manager,

Telecom and Director RE Project

and TDM, mandsaur in terminating

the services of Shri Mohanlal,S/o

Puralal w.e.f. September 1988 is

justified?

(ii) If not, what relief the workman is

Workman is

entitled to?”

not entitled

to any relief.

REASONS

5.

The terms of reference pertains to legality of

termination of workman. 2nd party has pleaded that

4304

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

Telecom Department is presently known as BSNL. Term

of reference further pertains to termination of service by

Chief General Manager, Telecom and Director, Railway

Electrification Project. Railway Electrification project is not

impleaded as party . Workman filed affidavit of his

evidence. In para 2 of his affidavit of evidence, workman

says that he was not shown as employee. It was contented

that he was engaged on contract basis. He could not be

appointed on permanent post. That he was not engaged

only for contract period. His affidavit is absolutely silent

about period of his engagement, who had engaged him on

work. In his cross-examination, workman claims ignorance

whether work of Ratlam division Project was for 2 years.

To deny that in July 1986, he worked for 28 days, in

December 1986, he worked for 25 days.

6.

Management filed affidavit of witness Shri Farid

Ahmed Kazi that the work of Railway Electrification

between Ratlam to Kota was carried in 1986-87, workman

was engaged as casual labour. As per evidence of

management’s witness, Exhibit M-3 is proved. Working

days of workman are less than 240 days. Management’s

witness was not cross-examined. His evidence remained

unchallenged. I find no reason to discard evidence of

management’s witness.. as workman has failed to prove

that he worked more than 240 days , he is not entitled to

protection of Section 25-F of ID Act, therefore I record my

finding in Point No.1 in Affirmative.

7.

In the result, award is passed as under:-

(1)

The action of the management of Chief General

Manager, Telecom and Director RE Project and TDM,

Mandsaur in terminating the services of Shri

Mohanlal,S/o Puralal w.e.f. September 1988 is legal

and proper.

(2)

Workman is not entitled to any relief.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 28 vDrwcj] 2015

dk-vk- 2100-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj nwjlapkj] Hkkjr

lapkj fuxe fyfeVsM ds izcaèkra=k ds lac¼ fu;kstdksa vkSj muds

deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh;

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

(lanHkZ la[;k lhthvkbZVh@,ylh@vkj@146@2000) dks izdkf'kr djrh

gS] tks dsUnzh; ljdkj dks 27@10@2015 dks izkIr gqvk FkkA

¹la- ,y&40012@248@2000&vkbZvkj (Mh;w)º

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

New Delhi, the 28th October, 2015

S.O. 2100.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. CGIT/

LC/R/146/2000) of the Central Government Industrial

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

the Annexure in the Industrial Dispute between the

employers in relation to the management of the Telecom,

BSNL and their workman, which was received by the

Central Government on 27/10/2015.

[No. L-40012/248/2000-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/146/2000

Shri Balkishan S/o Motilal Sen,

Station Road,

Ambika Lodge, shyamgarh,

Mandsour(MP)

...Workman

Versus

Chief General Manager,

Telecom, BSNL,

Hoshangabad Road, Bhopal

Telecom District Engineer,

Shajapur

...Management

AWARD

Passed on this 28th day of September, 2015

1.

As per letter dated 29-8-00 by the Government of

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

received. The reference is made to this Tribunal under

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

248/2000/IR(DU). The dispute under reference relates to:

“Whether the action of the management of Chief

General Manager, Telecom and Director RE Project

and TDM, Mandsaur in terminating the services of

Shri Balkishan S/o Shri Motilal Sen w.e.f. 3-2-97 is

justified? If not, to what relief the workman is

entitled?”

2.

After receiving reference, notices were issued to

the parties. Ist party workman submitted statement of claim

at Page 5/1 to 5/4. Case of workman is that 2nd party no.2

engaged temporary employee in electrification Project,

Ratlam Kota Division. Workman was engaged by Telecom

Deptt. Services were terminated without notice. That

employee completing more than 240 days cannot be

terminated. Such employee gets eligibility for permanent

appointment. Workman had requested reinstatement as

per application dated 19-10-96. Any order was not passed

on his application. Workman and others approached CAT.

They were allowed time for approaching AlC, Bhopal for

redressal of their grievance. Document about attendance

was not submitted. 2nd party denied the documents.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4305

Workman submits that he worked more than 365 days. He

acquired status of permanent employee. That he signed

on the documents about payment of wages as temporary

employee. Workman shows willingness to produce

relevant documents in support of his claim. As per ratio

held by Apex Court in various cases, workman has

completed working days getting the status of regular

employee. On such ground, workman prays for appropriate

reliefs.

3.

2nd party filed Written Statement at Page 8/1 to 8/9

opposing claim of workman. 2nd party submits that Deptt.

of Telecommunication have been changed and presently

known as BSNL. That Union of India is not necessary

party. 2nd Party No.2 is shown incorrectly. That Incharge

of the office is District Divisional Engineer, Telecom.

Parties are not correctly shown. 2nd party submits that

Railway electrification Project work between Ratlam to

Kota was carried by DTO Shamgarh during July 86 to Jan

87. It is not covered under ID Act. Said project was for less

than 2 years period. Section 25-F,G of ID Act are not

applicable. As per ratio held by Apex Court in various

cases, workman doesnot get status of regular employee.

It is not necessary to assign reason for terminating

services. It is denied that workman is entitled to be

regularized in service. Any documents are not produced

by workman. The representation submitted by workman

were received. The demand of workman was unjustified.

Workman had submitted petition before CAT, Jabalpur. It

is submitted that applicant was allowed to pursue matter

before ALC. The attendance chart produced by workman

is not as per record. It is denied that workman continuously

worked for 365 days. It is denied that workman signed

register of payment of wages of casual workers. The

availability of documents cannot be imagined. Workman

had not completed 240 days service. Therefore he is not

entitled to any benefits.

4.

Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:-

(i)

Whether the action of the manage-

In Affirmative

ment of Chief General Manager,

Telecom and Director RE Project

and TDM, mandsaur in termi-

nating the services of Shri Balkishan

S/o Shri Motilal Sen w.e.f. 3-2-97 is

justified?

(ii) If not, what relief the workman is

Workman is

entitled to?”

not entitled to

any relief.

REASONS

5.

The terms of reference pertains to legality of

termination of workman. 2nd party has pleaded that

Telecom Department is presently known as BSNL. Term

of reference further pertains to termination of service by

Chief General Manager, Telecom and Director, Railway

Electrification Project. Railway Electrification project is not

impleaded as party . Workman filed affidavit of his

evidence. In para 2 of his affidavit of evidence, workman

says that he was not shown as employee. It was contented

that he was engaged on contract basis. He could not be

appointed on permanent post. That he was not engaged

only for contract period. His affidavit is absolutely silent

about period of his engagement, who had engaged him on

work. In his cross-examination, workman claims ignorance

whether work of alignment was to be completed within 2

years. He denies suggestion of 2nd party about his working

days.

6.

Management filed affidavit of witness Shri.Farid

Ahmed Kazi that the work of Railway Electrification

between Ratlam to Kota was carried in 1986-87, workman

was engaged as casual labour. As per evidence of

management’s witness, Exhibit M-3 is proved. Working

days of workman are less than 240 days. Management’s

witness was not cross-examined. His evidence remained

unchallenged. I find no reason to discard evidence of

management’s witness.. as workman has failed to prove

that he worked more than 240 days , he is not entitled to

protection of Section 25-F of ID Act, therefore I record my

finding in Point No.1 in Affirmative.

7.

In the result, award is passed as under:-

(1)

The action of the management of Chief General

Manager, Telecom and Director RE Project and TDM,

Mandsaur in terminating the services of Shri

Balkishan S/o Shri Motilal Sen w.e.f. 3-2-97 is legal

and proper.

(2)

Workman is not entitled to any relief.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 28 vDrwcj] 2015

dk-vk- 2101-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj okgu fuekZ.kh]

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chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k ,oa Je U;k;ky;] tcyiqj ds iapkV (lanHkZ la[;k

lhthvkbZVh@,ylh@vkj@36@99) dks izdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 27@10@2015 dks izkIr gqvk FkkA

¹la- ,y&14012@31@98&vkbZvkj (Mh;w)º

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

New Delhi, the 28th October, 2015

S.O. 2101.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. CGIT/

4306

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

LC/R/36/99) of the Central Government Industrial

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

the Annexure in the Industrial Dispute between the

employers in relation to the management of the Vehicle

Factory, Jabalpur and their workman, which was received

by the Central Government on 27/10/2015.

[No. L-14012/31/98-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/36/99

Shri Manmohan Singh Talwar,

R/o Hathital Gurudwara,

Gorakhpur,

Jabalpur

...Workman

Versus

General Manager,

Vehicle Factory,

Jabalpur

...Management

AWARD

Passed on this 14th day of September, 2015

1.

As per letter dated 21-12-98 by the Government of

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

received. The reference is made to this Tribunal under

Section -10 of I.D.Act, 1947 as per Notification No.L-14012/

31/98-IR(DU). The dispute under reference relates to:

“Whether the action of the management of Vehicle

Factory, Jabalpur in terminating the services of Shri

Manmohan Singh Talwar, T.No.22/7311 Mach B

G.M.S.Section Plant No.2 is legal and justified? If

not, to what relief the workman is entitled?”

2.

After receiving reference, notices were issued to

the parties. Workman submitted statement of claim at Page

3/1 to 3/5. Case of workman is that he had raised objection

that General Manager, Vehicle factory is not appointing

authority and as such is not competent to punish him. He

also refers to judgment by CAT, Jabalpur in original

application No. 377/90. His termination without showcause

notice is not justified. That he was not given proper

opportunity for his defence. Only appointing authority is

competent to punish employee. That he was not provided

documents by Enquiry Officer. The articles were not

sealed at the time of seizure. That no evidence was

adduced in enquiry on the point articles kept in locker by

workman. Enquiry was conducted pertaining to attempt

of theft against workman. However he was denied

opportunity for defence. The orderly officer shown as

witness was not examined in the enquiry. Workman submits

that the decision given by the Tribunal or Court in favour

of employees all employees placed in similar situation

should be given benefit. Workman refers to ratio held in

various cases by Apex Court. He also submits that general

manager has revoked termination of many employees

involved in theft cases. He prays for revocation of his

termination.

3.

2nd party filed Written Statement at Page 11/1 to 11/

3 opposing claim of workman. 2nd party submits that Ist

party workman committed gross misconduct – (i)

attempting theft of government property, (ii) keeping

government material unauthorisely in his locker, (iii)

conduct unbecoming of the Government Servant.

Chargesheet was issued under rule 14 CCS Rules 1965 on

15-4-87. Workman was suspended on 13-3-87. Workman

denied charges calling reply to chargesheet. Enquiry was

ordered against him. Enquiry was conducted following

the procedure. Several notices were issued to workman.

Enquiry was fixed on various dates shown in para-3 of the

Written Statement. Workman did not attend Enquiry

Proceedings. Enquiry Officer conducted exparte enquiry.

Enquiry Officer had given final opportunity for his defence

or submitting his brief on 18-8-88. Workman submitted his

brief and admitted charges against him. Penalty of dismissal

was imposed against workman. The appeal preferred by

workman on 29-10-97 was rejected. The dispute has been

referred. 2nd party reiterates that workman was allowed

opportunity for his defence. He failed to avail opportunity

as he remained absent in the Enquiry Proceedings.

Management followed principles of natural justice.

Considering gravity of misconduct, punishment of

dismissal was imposed against him on 16-8-89.

4.

Workman died during pendency. His LRs are brought

on record. As per order dated 18-7-2014, enquiry conducted

against workman is found legal.

5.

Considering pleadings on record and findings on

enquiry, the points which arise for my consideration and

determination are as under. My findings are recorded

against each of them for the reasons as below:-

(i)

Whether the misconduct alleged

In Affirmative

against workman is proved from

evidence in Enquiry proceedings?

(ii) Whether the punishment of

In Affirmative

dismissal imposed against

workman is proper and legal?

(iii) If not, what relief the workman

Workman is

is entitled to?”

not entitled to

any relief.

REASONS

6.

As stated above, enquiry conducted against

workman is found legal. Point whether misconduct alleged

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4307

against workman are proved needs to be decided from

evidence in Enquiry Proceedings. Management has

produced record of enquiry at Exhibit M-1 to M-19. The

statement of witnesses Dayaram Singh, Manmohan Singh.

Management’s witness Dayaram in his statement at Page

41 says during rigorous search of workman, he found 16

drills out of which 12 were of small size and 4 were of big

size found under the belt of Manmohan Singh. After he

found the material with workman, he informed Security

Assistant. He identified workman Manmohan singh T.No.

222. Materials recovered from workman were sealed in his

presence. Witness Shri H.S.Khare in his statement at Page

42 says on 13-3-87, 6.40 hours, Security Assistant from

Gate No.3 telephoned him. On reaching at Gate No.3, he

saw Manmohan Singh security Assistant and Srivastava.

He came to know that drills were recovered from workman

at the gate during his rigorous search. His statement were

recorded in his presence. Manmohan Singh admitted that

these drills were recovered from his possession.

Management’s Witness Narmada Prasad in his statement

at Page 43 says that he received information through

informers that Manmohan Singh was intending to take

out factory materials unauthorisely. He informed Security

Officer. He came to Gate No.3. Manmohan Singh was

caught and his search was taken. Workman was found

unauthorisely taking Government material. Management’s

witness Srivastava in his statement at page 44

corroborates their evidence that total 16 drills of various

size were found in possession of workman. Management’s

witness Shri shankarlal in his evidence says on 14-3-87,

Security officer directed him to go and search locker of

Manmohan Singh. He had opened locker of Manmohan

singh. The unauthorised material recovered form locker

was listed in his presence by GMS Foreman.

Management’s witness T.No. 314 says on 14-3-87, locker

of Manmohan Singh was searched using duplicate key.

Unauthorised items were found in the drawer of workman.

Enquiry officer submitted his report at Page 48 holding

charges against workman proved. Workman had submitted

his written submissions at page 50- Exhibit M-21.

Workman was dismissed from service.

7.

The arguments advanced by Advocate P.Yadav that

enquiry report was not send to appointing authority. The

seized articles were not produced, charges are not proved.

Workman did not participate in Enquiry proceedings.

Evidence of all management’s witnesses remained

unchallenged. In his statement also, workman has not

pleaded on those points. As evidence of management’s

witnesses remained unchallenged, there is no reason to

disbelieve evidence of management’s witnesses that 16

drills were found on his personal search and unauthorised

material found from his locker. The findings of Enquiry

Officer is supported by evidence of management’s

witnesses therefore I record my finding in Point No.1 in

Affirmative.

8.

Point No.2- The charges/ misconduct alleged against

workman are proved as per finding in point No.1. Learned

counsel for workman Shri P.Yadav submits that order of

punishment was not issued by Competent authority. The

pleadings and evidence of workman are not disclosing

who was his Appointing Authority and the authority

issuing order of punishment was not competent. In

absence of such pleading and evidence, the argument

advanced by learned counsel for deceased workman

cannot be accepted. On the point of quantum of

punishment, learned counsel for workman Shri P.Yadav

relies on ratio held in

Case between B.C.Chaturvedi versus Union of India

and others reported in 1995-6-SCC-750. Their

Lordship dealing with scope of judicial review held

the Court Tribunal cannot interfere with the findings

or fact based on evidence and substitute its

independent findings.

In case between Jaibhagwan versus Commissioner

of Police reported on 2013-11-SCC-187. Their

Lordship dealing with scope of judicial review and

discretionary power vested held the General rule of

non-interference unless punishment imposed found

to be outrageously disproportionate to gravity of

misconduct.

In present case, misconduct of workman carrying

16 drills of different size is established from evidence of

management’s witness. Certainly it is an attempt of

committed theft.

9.

Learned counsel for management Shri P.shankaran

relies on ratio held in

Case of 2000(7) SCC 517. Their Lordship held where

the charge of misappropriation of goods was

established in the domestic enquiry and the

delinquent employee was dismissed, the Labour

Court erred in directing his reinstatement with 25 %

backwages. Their Lordship held discretion of

employer exercised in imposing penalty after

misconduct proved in domestic enquiry.

In case between Divisional Controller, NEKRTC vrs

H.Amaresh reported in 2006(6)SCC 187. Their

Lordship considering misappropriation of a small

amount of SRTC funds of Rs. 360.95 by conductor

held a grave act of misconduct which resulted in

financial loss to RTC. The charge was proved in

domestic enquiry. The punishment of dismissal by

Disciplinary Authority did not call for interference

by Labour Court or High Court.

4308

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

In case between workmen of Balmadies Estates

versus management of Balmadies Estate reported in

2008LAB.I.C.1685. Their Lordship dealing with

Section 11-A of ID Act considering delinquent

charge of theft witnesses deposing that delinquent

has made confession witness not cross-examined

on such matter. No plea raised that delinquent has

made confession under duress. The interference by

labour Court with finding of Inquiry Officer that

delinquent has misconducted is improper.

In present case, workman did not participate in

enquiry, failed to cross-examine witnesses of management.

The evidence of management’s witnesses is consistent

that 16 drills were recovered on personal search of

workman. interference in punishment of dismissal is not

justified. For above reasons, I record my finding in Point

No.2 in Affirmative.

10.

In the result, award is passed as under:-

(1)

The action of the management of Vehicle Factory,

Jabalpur in terminating the services of Shri

Manmohan Singh Talwar, T.No.22/7311 Mach B

G.M.S.Section Plant No.2 is proper and legal.

(2)

Workman is not entitled to any relief.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 28 vDrwcj] 2015

dk-vk- 2102-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj vk;q/ fuekZ.kh]

bVkjlh ds izcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds

chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k ,oa Je U;k;ky;] tcyiqj ds iapkV (lanHkZ la[;k

lhthvkbZVh@,ylh@vkj@142@2001) dks izdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 27@10@2015 dks izkIr gqvk FkkA

¹la- ,y&14012@25@2001&vkbZvkj (Mh;w)º

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

New Delhi, the 28th October, 2015

S.O. 2102.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. Case

No. CGIT/LC/R/142/2001) of the Central Government

Industrial Tribunal-cum-Labour Court, Jabalpur now as

shown in the Annexure in the Industrial Dispute between

the employers in relation to the management of the

Ordnance Factory, Itarsi and their workman, which was

received by the Central Government on 27/10/2015.

[No. L-14012/25/2001-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/142/2001

Shri Ramesh Prasad,

Adarsh Nagar,

Near EWS-73,

Housing Board Colony,

Hoshangabad

...Workman

Versus

General Manager,

Ordnance Factory,

Itarsi

...Management

AWARD

Passed on this 7th day of September, 2015

1.

As per letter dated 9-7-2001 by the Government of

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

received. The reference is made to this Tribunal under

Section -10 of I.D.Act, 1947 as per Notification No.L-14012/

25/2001-IR(DU). The dispute under reference relates to:

“Whether the action of the management of Ordnance

Factory, Itarsi in terminating the services of Shri

Ramesh Prasad w.e.f. 15-3-95 is justified? If not, to

what relief the workman is entitled to?”

2.

After receiving reference, notices were issued to

the parties. Ist party workman submitted statement of claim

at Page 2/1 to 2/7. Case of Ist party is that he was assigned

temporary duty for handing over the explosives loaded in

Ordnance Factory, Itarsi vehicle No. MP05-A-881 for export

at Embarkation Headquarters Bombay on 8-2-92. Rajendra

Prasad Patel accompanied him. On 8-2-92, they left for

Mumbai. He reached Mumbai on 10-2-92 and unloaded

the explosives at Karanja Port on 11-2-92. They reached

about 22.30 hours on the same day. Workman reached

Ambarnath on 14-2-92 for return journey following the

route via Indore and reported at Ordnance Factory. Itarsi

on 19-2-92 at about 16.35 hours. The was suspended on

12-3-92. Chargesheet was issued to him on 9-4-92. Enquiry

was initiated against him. As per order dated 20-7-93, he

was removed from service. Workman preferred appeal to

authority challenging order of his removal. Chairman of

Ordnance Factory as per order dated 14-11-94 quashed

penalty of removal from service with dissenting note. The

order of Appellate Authority was served on him alongwith

letter dated 18-1-95. The order of his reinstatement was

passed by Disciplinary Authority on 18-1-95. Workman

submitted his written defence on 23-2-95. As per order

dated 15-3-95, workman was removed from service.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4309

3.

Ist party workman submits that charges against him

were – (i) Pilferage of diesel from Government Vehicle, (ii)

Misuse of Government vehicle for private riding, (iii)

carrying unauthorised person in explosive van, (iv)

following unauthorized and longer route. Workman

submits that charges were baseless. Enquiry conducted

against him was empty formality. The charges were not

proved against him. He was punished only for one charge.

Said charge was not proved. That Charge No.1 about

misuse of Government Vehicle for private riding was

proved, Charge No.3 following unauthorized and longer

route were not proved from Enquiry Proceedings. That

Truck No. MP-05-A-880 which was also detailed for

Bombay covered 1857 Kms distance. The said truck had

travelled to Karanja Port. Workman reiterates that any of

the charges have not proved against him. 11 days journey

covering 1896 Kms by vehicle No MP-050A-0880 receiving

goods received from Mamaji goods transport is alleged.

Said charge is not proved. Punishment of removal from

service is based on fabricated evidence. The workman

prays for setting aside order of dismissal. Workman prays

for reinstatement with consequential benefits.

4.

2nd party filed Written Statement at page 6/1 to 6/10

opposing claim of the workman. 2nd party reiterates that

enquiry is conducted against workman following the rules

and prescribed provisions. No irregularity is committed.

Disciplinary Authority considered all documents

pertaining to the case while imposing punishment. The

appeal was dismissed by reasoned order . Workman along

with Shri Rajendra Prasad was detailed on temporary duty

on 8-2-92. That workman had carried another employee of

Factory unauthorisely in said explosive van. The van

reached Mumbai via Harda Khandwa route on 10-2-92 at

17.00 hours. The explosives were unloaded at Karanja

Port on 11-2-92. On same day, the van reached Ambernath

Ordnance Factory at 22.30 hours. The van returned

Ordnance Factory on 19-2-92 at 16.35 hours late by 3 days

of normal time. That fitter Rajendra Prasad reported that

workman accepted Private goods for transport in explosive

van of M/S Mamaji Goods. The goods were delivered at

Dooars Transport Limited, Indore on 16-2-92. That 75 litre

diesel was misappropriated by workman giving details of

the diesel in Para 3.5 of the Written Statement. Workman

was found guilty. The order of his suspension was issued

on 10-2-92. Enquiry was conducted against workman for

gross misconduct for the charge of pilferage of misuse of

Government Vehicle, carrying unauthorized person in

explosive van . Enquiry Officer reported that Charge

No.2,3,4,5 were found proved. The Enquiry Report was

forwarded to workman as per letter dated 15-6-93.

Workman submitted his representation on 30-6-93

challenging finding of Enquiry Officer. The Disciplinary

Authority considering report of Enquiry and

representation of workman recorded his own findings on

20-7-93 holding that the charge of pilferage of diesel found

established. Copy of finding was recorded on 20-7-93.

Workman was held guilty and penalty of removal from

service was imposed against him on 27-6-93 itself.

5.

Workman challenged order of his removal filing

appeal. The Appellate Authority as per order dated 14-11-94

found that dissenting note of Disciplinary Authority was

not provided to workman before imposing penalty. The

authority was given liberty to proceed from the stage of

giving copy of dissenting finding. Workman was

reinstated on 20-7-93. It is reiterated that the Disciplinary

Authority received representation of workman on the point

of dissenting finding. After considering the evidence,

punishment of removal was imposed against workman on

15-3-95. The appeal preferred by workman was found

without substance and rejected on 22-9-99. 2nd party

submits that for proved misconduct, workman was

removed from service. Action of management is proper

and legal.

6.

Workman submitted rejoinder at Page 7/1 to 7/6

reiterating its contentions in statement of claim.

7.

Recording evidence of parties on preliminary issue

as per order dated 16-5-13, enquiry conducted against

workman was found illegal. 2nd party management was

permitted to prove misconduct by adducing evidence.

8.

Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:-

(i)

Whether the charges alleged

Only charge No.3

against workman is proved

of carrying

from evidence in Enquiry

unauthorized

proceedings?

person in

explosive van is

proved.

(ii) Whether the punishment of

In Negative

dismissal imposed against

workman is proper and legal?

(iii) If not, what relief the workman

As per final order.

is entitled to?”

REASONS

9.

Enquiry conducted against workman is found illegal.

Management was permitted to prove charges adducing

evidence. The documents of Enquiry Proceedings are

produced at Exhibit M-1 to M-10. As enquiry is vitiated,

evidence in Enquiry Proceedings cannot be considered

as proof of the charges alleged against workman.

10.

Management filed affidavit of witness Shri Rajendra

Patel. In his affidavit, he says that on 8-2-92, he was

deputed with workman in Vehicle No. MP-5A-881 loaded

with explosive. He left at 17.50 hours for Mumbai. One

C.P.Mourya was picked up by workman for travelling with

4310

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

them to Mumbai. He was allowed to travel with them. His

evidence is also devoted about 75 litres diesel taken in the

vehicle. Workman taken 5 litres diesel filling in the tank.

On 10-2-92, they reached Mumbai at 5 PM. On 11-2-92

morning, they started return journey to Karanja Port the

vehicle was airlocked. Workman brought diesel around 6

PM they started return and reached Ambarnath on the

way the vehicle was again airlocked. He narrated the details

of their journey. That on 13-2-92 at 16.30 hours, they

reached Nasik. Workman permitted transporter to load 8

ton consisting of metal in the vehicle. The above goods

were unloaded at Indore. On 8-2-92 at 14 hours, they

reached Hoshangabad, his hometown. His further evidence

is devoted on the point that he accompanied Neeraj Kumar

Security Supervisor for getting documents from Mamaji

goods Transport and Dooars Transport, Nasik. The

documents were not supplied by either of the transport

on their request.

11.

Management’s witness in his cross-examination

says the Ordnance Factory is located at Itarsi. Workman

is from Hoshangabad, distance between Itarsi and

Hoshangabad is 18 Kms. He claims ignorance about

chargesheet issued to workman and enquiry conducted

against workman. He was witness in Enquiry Proceedings

but he did not recollect name of Enquiry Officer. He did

not recollect his evidence in enquiry. He cannot read

English. He did not recollect whether his statement was

recorded in Hindi or English but Officer recorded his

statement. That he had once gone for duty with workman.

He claims ignorance whether workman was terminated. In

his further cross-examination, management’s witness says

once he had gone to Mumbai on 8-2-92. He did not

remember the year of leaving school. He was unable to tell

date or month of marriage. That written order was not

given to him for going with workman. That he was sent

with Ramesh Helper. He had gone in explosive van. He

remember its number. He did not remember time leaving

the factory. His Advocate has drafted his affidavit. He did

not remember what time was written in his affidavit leaving

factory on 8-2-92. He knows Shri C.P.Mourya since 1982.

He doesnot know whether Shri C.P.Mourya was given

order for going to Mumbai. He has not stated in his

affidavit about order given to Shri C.P.Mourya for going

to Mumbai. Distance between Itarsi to Mumbai is 850 kms.

The average consumption explosive van was about 8 -9

kms. He doesnot know distance between Igatpuri and

Mumbai. After he left factory on 8-2-92, he was unable to

tell the time he reached Igatpuri.

12.

In his cross-examination, management’s witness did

not remember where they had haulted at Igatpuri. He did

not see workman taking out diesel and selling it. In his

further cross, he did not recollect time of leaving Mumbai.

He did not know how much diesel was purchased by

Ramesh Prasad. The van haulted at 2-3 places on way to

Mumbai. They reached Karanja Port. He did not remember

time they reached Ambarnath on 10-2-92. He did not

remember time of returning back to Indrapuri. He did not

heard conversation between workman and transporter. He

was unable to tell distance of their van and the godown.

That he was sitting in the van. He did not remember

C.P.Mourya had gone. He may have gone in the city. Van

haulted for 7-8 hours at godown. He denies that any goods

were not loaded in the van. He was unable to tell whether

goods were loose or packed. He objected loading of Private

goods in the van. Above facts are written in the affidavit.

However the affidavit is silent about his objection in

loading. He denies suggestion that goods were not loaded

or unloaded in van by Shri Ramesh Prasad.

13.

Management has also filed affidavit of witness Shri

C.P.Mourya. in his affidavit, he3 says he was working as

Civil Driver Grade I since 1983. In February 1992, he was

on duty. Workman Ramesh Prasad told him that explosive

van was going to Mumbai, whether he was willing to

accommodate with him. He travelled in the explosive van

alongwith workman. The explosive van No. MP-05-A-881.

They had gone to Mumbai and other places. They returned

back to Hoshangabad by the same van. In his cross-

examination, above management’s witness says that he

was granted promotion after 1992. Order was not given to

him for accompanying workman to Mumbai. He was

travelling in the van from Itarsi. He was unable to tell how

much diesel was filled in the van. The average of explosive

van was 3-4 kms whereas witness Rajendra in his cross-

examination says average of explosive van was 8-9 kms

per litre. The evidence is not consistent. In his further

cross, above witness says vehicle was airlocked 2-3 times.

The Helper had repaired it. He admits that the earlock in

diesel would by waste material. While returning from

Mumbai to Itarsi, the vehicle was empty. For filling diesel,

van was stopped at Ambarnath. Thereafter they stopped

at Nasik for about 2 hours. He returned from Nasik to

Hoshangabad in same van. He had not written anything

in his affidavit about loading goods and unloading it. The

evidence of both the witnesses of management about

consumption of diesel, its unauthorized use of the vehicle

is not cogent rather the witness Shri C.P,Mourya had not

supported any other charges except he was travelling in

explosive along with workman and witness MW-1 Rajendra

Prasad. The evidence of Rajendra Prasad about loading,

unloading is not cogent. The evidence of both witnesses

is committed about they travelled in explosive van.

Witness No.2 Mourya is not supporting charges about

loading unloading private goods in explosive van.

14.

The evidence of witness No.3 Dhiraj kumar is on the

point of visiting Mama Garage Nasik along with Rajendra

Patel for verifying documents. The documents were

supplied to him. He submitted Exhibit M-1 along with

documents. As witness was not author of the documents,

proprietor of Mama Transport, Dooars Transport was not

examined. The documents were not admitted in evidence.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4311

In his cross-examination Shri Dheeraj Kumar says he was

not aware that the duties of workman were changed. He

was unable to tell in 1992 how many employees were

working in Ordnance Factory, Itarsi, how many Drivers

were working in the Factory. If whole evidence MW-1 to

MW-3 is carefully appreciated, the evidence about filling

diesel in the explosive van is not cogent. The charge of

Pilferage of diesel from Government Vehicle is not

established. The unauthorized use of Government Vehicle

carrying private goods cannot be proved. During course

of argument, my attention was drawn to the bill of Mamaji

Goods Transport shows van No. MP-05-A-0880 was

different than the explosive van driven by workman to

Mumbai. The evidence of all witnesses is consistent about

the C.P. Mourya MW-2 was travelling in the explosive van

without any order of the management. The evidence

proves only Charge No.3 against workman. Other charges

about Pilferage of diesel from Government Vehicle, Misuse

of Government vehicle for private riding, following

unauthorized and longer route could not be proved. The

evidence is clear that management had not given order to

the workman for going to Mumbai by longer route.

Accordingly I record my finding in Point No.1.

15.

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

question remains for consideration is whether punishment

of dismissal imposed against workman is justified. On the

point, Learned counsel for 2nd party Shri P. Shankaran

relies on ratio held in

Case of Bhagwan Singh Rawat versus State of MP

and others reported in 2003(4) M.P.H.T.309. Their

Lordship held until and unless petitioner is found

guilty of demanding illegal gratification and charge

is established. Petitioner could not be fastened with

the penalty of removal without making any enquiry

into charge of demand of illegal gratification.

Ratio cannot be applied to case at hand as facts are

not comparable. From evidence only charge No.3 against

workman is proved.

In case of Nepal Singh versus State of UP and others

reported in AIR 1985-SC-84. Their Lordship dealing

with Article 311(2) of constitution held order based

on mere allegations and on unspecific and vague

grounds, order liable to be quashed.

The facts of present case are different. Charge No.3

pertaining to carrying unauthorized person in explosive

van is proved. Other charges of serious gravity are not

proved. The ratio cannot be applied to case at hand.

In case of workmen of Balmadies Estates versus

Management of Balmadies Estates and others

reported in 2008(4) SCC 517. Their Lordship held in

domestic enquiry assessment of evidence is not

required to be made by applying the same yardstick

as a civil court would do when a lis is brought it.

Evidence Act 1872 is not applicable to the proceeding

in a domestic enquiry. Their Lordship further held

that the evidence was not properly appreciated by

Enquiry Officer and finding of guilt was based on

very slender evidence. It was held on facts, findings

of Labour Court were perverse and can be termed to

be based on misconception of law.

In present case from evidence discussed with Point

No.1, only Charge No.3 is brought against workman, the

ratio cannot be beneficially applied.

In case of General Manager (Operation) State Bank

of India and others versus P.Periyasamy reported in

2015(3) SCC-101. Their Lordship dealing with

Administrative Orders. Decisions. Executive

Instructions held that decision or executive order is

properly and validly made. The evidence required

to reverse the initial burden.

The ratio held in above case doesnot cover

controversy between parties. Therefore the ratio cannot

be beneficially applied to case at hand.

In case of General Secretary, South Indian Cashew

Factories Workers Union versus Managing Director,

Kerala State Cashew Development Corporation Ltd.

reported in AIR-2006-SCC-2208. Their Lordship

dealing with Section 11-A of ID Act and power of

Labour Court. Their Lordship held no allegations of

victimization or malafides or unfair labour practice.

There is clear finding that findings are not perverse

and principles of natural justice were complied with

while conducting enquiry. Labour Court has no

power to interfere with punishment.

In present case, enquiry conducted against workman

is found illegal. Management is given opportunity to prove

misconduct by adducing evidence. The evidence is

adduced by parties. Only Charge No.3 is proved against

workman. other charges of serious nature like pilferage of

Diesel from Government Vehicle amounting theft of

Government Property, misuse of Government vehicle for

private riding, following unauthorized and longer route

are not proved from evidence in record. The ratio cannot

be applied to case at hand.

16.

To conclude, only charge No.3 carrying unauthorized

person in explosive van is proved. At the time of argument,

it was also submitted that punishment of withholding

increment was also imposed against Shri C.P.Mourya MW-

2. Learned counsel Shri P.Shankaran submit that

punishment of dismissal imposed against workman should

not be interfered by the Tribunal. The Charge No.1,2,4 are

more serious in nature are not proved against workman.

Charge No.3 of carrying unauthorized person in explosive

van is proved. For the proved charge, in my considered

view, punishment of dismissal against workman would not

be proportionate to the guilt proved. Workman was

working as Driver with 2nd party, it would be appropriate

4312

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

to modify the punishment of dismissal to compulsory

retirement. Accordingly I record my finding in Point No.2.

17.

In the result, award is passed as under:-

(1)

The action of the management of Ordnance Factory,

Itarsi in terminating the services of Shri Ramesh

Prasad w.e.f. 15-3-95 is not proper and valid.

(2)

Dismissal of workman is modified to compulsory

retirement. Parties to bear their respective costs.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 29 vDrwcj] 2015

dk-vk- 2103-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj vk;Zozr xzkehu

cSad ds izcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp]

vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k] y[kumQ ds iapkV (lanHkZ la[;k 56@2008) dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 29@10@2015 dks izkIr gqvk FkkA

¹la- ,y&12011@20@2008&vkbZ vkj (ch&1)º

lqefr ldykuh] vuqHkkx vf/dkjh

New Delhi, the 29th October, 2015

S.O. 2103.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 56/2008)

of the Central Government Industrial Tribunal-cum-

Labour Court, Lucknow as shown in the Annexure in the

Industrial Dispute between the management of Aryavart

Gramin Bank and their workman, which was received by

the Central Government on 29/10/2015.

[No. L-12011/20/2008-IR(B-1)]

SUMATI SAKLANI, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-

CUM-LABOUR COURT, LUCKNOW

PRESENT :

RAKESH KUMAR, Presiding Officer

I.D. No. 56/2008

Ref. No. L-12011/20/2008-IR(B-I) dated 11.12.2008

BETWEEN

President/Sanyojak

Aryavart Gramin Bank Officer/Karmchari Parishad

555 Kha/64 Ka, Subhash Nagar, PO Manas Nagar,

Lucknow

AND

1. The General Manager

Aryavart Gramin Bank

HO: A-2/46, Vijay Khand,Gomti Nagar,

Lucknow

AWARD

1.

By order No. L-12011/20/2008-IR(B-I) dated

11.12.2008 the Central Government in the Ministry of

Labour, New Delhi in exercise of powers conferred by

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

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

this industrial dispute between President/Sanyojak,

Aryavart Gramin Bank Officer/Karmachari Parishad,

Lucknow and the General Manager, Aryavart Gramin Bank,

Vijay Khand, Gomti Nagar, Lucknow for adjudication.

2.

The reference under adjudication is:

“Whether the Action of Aryavart Gramin Bank in

With Drawing of FPA/FPP Benefits from the Salary

of the Erstwhile Employees of Awadh Gramin Bank

by Means of Letter dated 17-09-2007, is just, Fair

and Legal ? If not, to what Relief the Workmen

Concerned are Entitled?”

3.

As per the claim statement, the applicant in brief,

has stated that there were three Regional Rural Bank’s viz

Avadh Gramin Bank, Barabanki Gramin Bank and

Farrukhabad Gramin Bank. The sponsor was Bank of India,

by notification dated 03.10.2006 all the three rural banks

were amalgamated into single namely Aryavart Gramin

Bank. The applicant has further stated that it was provided

in the aforesaid notification that the services of all erstwhile

employees of RRB’s will get the same remuneration and

on the same terms and conditions which they were getting

immediately before the effective date of amalgamation,

employees of Avadh Gramin Bank were transferred in

Aryavart Gramin bank from 03.10.2006, they were getting

FPA & FPP from 01.04.2001 in accordance with the circular

dated 23.04.2001, the aforesaid FPA/FPP has been

translated into service conditions of the officers/employees

of the erstwhile Gramin Bank Govt. of India in exercise of

powers conferred under Section 17(1) of Regional Rural

Bank Act.1976, the Aryavart Gramin bank has drawn the

benefit of FPA/FPP by means of impugned circular dated

17.09.2007 unilaterally, arbitrarily and without jurisdiction

since the benefit given by Govt. India can not be

withdrawn by the opposite party bank, therefore, the

erstwhile employees/officers of the bank were also entitled

for arrears of FPA/FPP as they were getting before

impugned circular along with arrears and interest. The

workman has prayed to set aside the impugned circular 2/

87 dated 17.09.2007 with the direction to the opposite party

bank to restore FPA/FPP to the employees/officers along

with arrears and interest @18% per annum.

4.

Along with claim statement notification dated

03.10.2006 and certain other documents have also been

filed.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4313

5.

The opposite party management while filing the

written statement M-7 has denied the main allegation of

the claim statement, and it has been asserted therein that

the applicant Parishad is not a registered union under trade

Union Act, and, as such, has no legal right to espouse the

cause of the opposite party under the I.D. Act, President

of the union has no legal locus-standi to represent the

unregistered union in the proceedings, all the proceedings

right from conciliation stage and consequent reference

are vitiated.

6.

It has also been stated in the written statement that

prayer as made in para 11(1) of claim statement is beyond

the scope of reference as the reference order relates to

both the staff and officers, who were employees of Avadh

Gramin Bank, whereas prayer has been made in respect of

all the employees of amalgamated opposite party bank. In

this way, claim statement is camouflaged and defective.

Further the reference order also relates to officers of

amalgamated bank who admittedly do not fall under the

definition of “workman” as defined under Section 2(s) of

the I.D. Act, and, as such, it is defective and reference is

liable to be rejected on this ground alone. There were three

gramin banks, namely Avadh Gramin Bank, Barabanki

Gramin Bank and Farrukhabad Gramin Bank. The Central

Government, Ministry of Finance by notification dated

03.10.2006 had amalgamated the aforesaid three gramin

banks and had carved out the opposite party Aryavart

Gramin Bank.

7.

The management has stated that vide order dated

11.04.2001, Govt. of India has directed all the Gramin banks

to revised pay and DA of the employees/officers of RRBs

in the light of the decision of the Hon’ble Supreme Court

in Civil Appeal No. 2218/99 dated 31.01.2001, the terms of

the directions have been given in para 16 of the written

statement. It will be evident from a perusal of above

direction that only Basic Pay and Dearness Allowance

was to be revised in terms of decision of Apex Court and

6th and 7th Bipartite Settlements. Further House Rent

Allowance and City Compensatory Allowance was to be

paid at par with that of employees of Bank of India. As

regards other allowance, the same was to be negotiated

with the RRBs. It will be relevant to note that this direction

of Govt. of India was silent about other allowances other

than Pay, D.A., C.C.A., H.R.A., which were already being

paid to their employees from before hand. As this direction

was silent on this point, the only inference will be that

these existing allowances will be continued to be paid to

employees. As regards new allowances, they were to be

payable after negotiations. Allowances by way of Fixed

Personal Allowance and Fixed Personal Pay WERE NOT

EXISTING at the time of issuance of direction of the Govt.

of India. Hence, this was not payable till it was negotiated.

It was neither the case of Union nor that of employers that

allowance by way of Fixed Personal Allowance and Fixed

Personal Pay was negotiated in terms of direction of Govt.

of India when negotiations between the parties were held

about grant of other allowances. In its absence on its very

face the employees of Erstwhile Avadh Gramin Bank were

not legally entitled for this benefit of Fixed Personal

Allowance and Fixed Personal Pay.

8.

It has further been stated in written statement while

adopting the direction of Govt. of India, erstwhile Avadh

Gramin Bank by circular dated 23.04.2001 has given advice

to the Area Manager/Manager of all the branches

accordingly.

9.

The opposite party has also emphasized that while

giving above direction, Avadh Gramin Bank inadvertently

did not clarify the difference between the existing other

allowances and new other allowances, which were to be

paid after negotiations. Consequently in the grab of “Other

Allowances” New Additional Allowance by way of Fixed

Personal Allowance and Fixed Personal Pay was granted,

which on its very face was erroneous as it was beyond the

direction of Govt. of India. Further fixed personal pay and

fixed personal allowance is not payable to employees of

Regional Rural Banks as terms of 6th Bipartite Settlement

and 7th Bipartite Settlement with regard to these items, are

not applicable to Regional Rural Banks. It is settled law

that any order, which is passed under mistaken belief and

without jurisdiction can be corrected at any stage. As after

amalgamation of above three Banks, it was found that

employees of erstwhile Avadh Gramin Bank were getting

fixed personal allowance and Fixed Personal Pay whereas

the employees of the other two erstwhile banks were not

getting so, there was disparity causing resentment among

employees inter-se. It was in order to do justice between

the employees that the mistake of erstwhile Avadh Gramin

Bank was corrected by the opposite party bank by way of

passing resolution dated 07.09.2007 withdrawing the above

benefit to the employees of erstwhile Avadh Gramin Bank.

In this regard, circular dated 17.09.2007 was issued. It is

averred that opposite party bank is the successor in

interest of the Avadh Gramin Bank, it has every right to

correct the mistake of its predecessor Bank in terms of

amalgamation order.

10.

The opposite party has stated that Fixed Personal

Allowance and Fixed Personal Pay was not admissible to

employees of Regional Rural Banks, it was so apparent

that other Gramin banks had not given this benefit to its

employees after issuance of above direction of Govt. of

India. Grant of fixed personal allowance and fixed personal

pay was not condition of service as it does not emerge out

from the appointment letter and rules of the erstwhile bank.

The opposite party had shown enough magnanimity by

not ordering for recovery of amount of fixed personal

allowance and fixed personal pay from the employees of

the erstwhile Avadh Gramin Bank inspite of the fact that

such payment was made under mistake. Some employees

of the erstwhile Avadh Gramin bank have filed Writ Petition

No. 4184/2008, Akhilesh Kumar Misra and others Vs Union

4314

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

of India and others, and writ petition No. 4185/2008 before

Hon’ble High Court of Judicature at Allahabad, Lucknow

Bench Lucknow, Shravan Kumar Gupta versus Union of

India. It is true that provision of Section 10 CPC do not

apply to Labour Courts, still its principles are applicable.

In view of this and in view of pendency of the above

mentioned writ petitions the proceedings of the above

present reference are liable to be stayed as the subject

matter of two litigation is identical and further there is

identify of parties as well.

11.

The management with the above pleadings has

prayed to reject the reference.

12.

The applicant has filed rejoinder W-8 denying the

allegations of the written statement while reiterating

strongly pleas taken in the claim statement.

13.

The management has filed certain documents along

with list M-8.

14.

The management has relied upon the following

principle laid down by the Hon’ble Court:

1.

Arun Kumar Kashyap Vs State of Jharkhand

2009,Lab IC (NOC) 107 (JHAR.) alongwith

copy of full judgement.

2.

Satyavir Singh & others Vs Union of India 1986

Supreme Court cases (L&S) 1.

3.

Kandla Court Trust and another vs K.R. Chauhan

and another, 1988 Lab IC 3085.

4.

Mahendra Badal and others Vs Union of India,

Writ Petition No. 9040/2006 (CMIC), Patna High

Court.

15.

Despite, sufficient opportunity given to the workman,

none appeared on his behalf to advance the arguments.

Therefore, the arguments advanced on behalf of the

management, were heard at length. The record available

before this court has been scanned thoroughly.

16.

The Employees Union has come up with the case

that as many as three rural banks were amalgamated,

including Avadh Gramin Bank, vide notification dated

03.10.2006; wherein it was provided in the notification that

all the employees of the banks, getting amalgamated, shall

continue to enjoy same service conditions and shall get

the same remuneration as they were getting before

amalgamation. It has been alleged by the Union that the

management of Aryavart Gramin Bank has arbitrarily and

illegally withdrawn the benefit of FPA/FPP by the means

of impugned circular No. 2/87 dated 17.09.2007.

17.

Per contra, the management of the Bank has come

up with a case that the Government of India vide order

dated 11.04.2001, directed all the Gramin Banks to revise

pay and Dearness Allowance of the employees/officers of

RRBs in light of directions of Hon’ble Apex Court in Civil

Appeal No. 2218/99 dated 31.01.2001, therefore, only Basic

Pay and Dearness Allowance was to be revised in view of

decision of Hon’ble Apex Court and 6th and 7th Bipartite

Settlement. However, House Rent Allowance and City

Compensatory Allowance was to be paid as par with the

employees of the Bank of India; moreover, the other

allowances were to be negotiated with the RRBs. It is the

case of the management that since the directions of the

Government of India was silent over the allowances, other

than Basic Pay, DA, CCA and HRA, which were already

being paid to the employees, therefore, only these

allowances were continued to be paid. As regards new

allowances, they were payable after negotiations and the

allowances viz. Fixed Personal Allowance and Fixed

Personal Pay were not part of the directions of Government

of India; hence not payable without negotiations. The

management has very specifically pleaded that while

issuing circular dated 23.04.2001, the erstwhile Avadh

Gramin Bank, inadvertently, did not clarify the difference

between the existing allowance and other new allowances,

like FPA/FPP, which were payable after negotiations; and

this led to generation of new additional allowances viz.

FPA/FPP, which was not only erroneous but also beyond

the purview of the directions of the Government of India

vide order dated 11.04.2001. On amalgamation it was found

that the employees of the Erstwhile Avadh Gramin Bank

were getting FPA/FPP whereas the other amalgamated bank

employee were not getting the same, therefore, in order to

maintain equality in the pay and allowances of the

amalgamated bank employees, a resolution dated

07.09.2007 was passed; whereby the benefit of FPA/FPP

was withdrawn vide circular dated 17.09.2007.

18.

I have given my thoughtful consideration to the

rival pleading of the parties and scanned entire evidence

available of record and law relied upon by the opposite

party.

19.

From respective pleadings of the parties it

emerges out that Government of India, Ministry of Finance

in accordance with the decision dated 31.1.2001 of Hon’ble

Apex Court in Civil Appeal No. 2218/1999, determined the

pay scales of employees of Regional Rural Banks vide

circular dated 11.04.2001. The salient features of the said

circular dated 11.04.2001 are quoted as under:

“(i)

The new basic pay and dearness allowance of

each RRB employee as on 01.04.2000 would be

determined

by

notionally

granting

………………………., the pay scales of RRB

employees would become equal to that of their

counterparts in commercial banks.

(ii)

…………………….

(iii)

…………………….

(iv)

The House Rent Allowance (HRA) and City

Compensatory Allowance (CCA) would be

payable ant the same rate as applicable to

comparable employees in the sponsor banks

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4315

and would be given prospective effect i.e. date

of issue of these orders as is done in commercial

Banks.

(v)

As far as other allowances are concerned,

individual sponsor banks shall negotiate the

same with the respective RRB. The revised

allowances shall be paid w.e.f. 1.4.2000. The

ceiling on the payment shall, however, be as

per the formula stated in (iii) above.

The RRBs may issue a comprehensive order based

on the above orders indicating the revised pay scales in

respect of each category of employees after getting

approval of their Board of Directors.”

Thereafter, in pursuance to above directives the

erstwhile Awadh Gamin Bank issued circular No. 25/08

dated 23.04.2001 regarding revision of salary. A few

clauses of the same are quoted hereunder:

“iii)

As on 01-04-2000, the pay scales of the

RRBs Employees would become equal to that of

their counterparts in Commercial Banks.

iv)The House Rent Allowance and City

Compensatory Allowance will be paid at the same

rates applicable to Bank of India Employees, from

the date of the issue of the Govt. Order i.e. from 11th

April, 2001.

v) As far as other allowances are concerned, Sponsor

Bank shall negotiate the same with our Bank and the

same shall be paid w.e.f. 01.04.2000 for which separate

circulars shall be made.

2. The Board of Directors on 132nd Board Meeting

hale on 23-04-2001 has adopted the G.O.I. orders

conveyed in Order No. F. No. 7(6)/96-RRB dated

11th April, 2001 issued under Proviso 2 (I) of section

17(1) of Regional Rural Bank Act, 1976 and approved

the current payment of revised salary w.e.f. 01.-04-

2001.

3. Accordingly, you are advised to pay the revised

salary i.e. basic & D.A. w.e.f. 01.-04-2001 and House

Rent Allowance & City Compensatory Allowance

w.e.f. 01-04-2001 and other allowances at old rates.”

Thus, from perusal of above two circulars it becomes

crystal clear that the Government of India, in view of

directions issued by Hon’ble Apex Court, formulated a

guideline dated 11.04.2001 in order to bring uniformity to

the pay structure of the RRBs at par with other banks and

accordingly it directed for pay revision which included

Basic pay, Dearness Allowance, HRA and CCA only and

for other allowances it was provided that the Sponsor

Bank shall negotiate the same with respective RRB; also

while issuing the circular dated 23.04.2001, the erstwhile

Awadh Gramin Bank in para 1(v) mentioned that the other

allowances shall; be paid after negotiation with the Sponsor

Bank. However, from the records available it is apparent

that the allowances viz. FPA/FPP were extended without

any negotiations with the Sponsor Bank. There is no iota

of evidence on record that the Sponsor Bank ever entered

into any negotiation with erstwhile Awadh Gramin Bank

for grant of FPA/FPP. The Aryavart Gramin Bank vide

their circular No. 2/87 dated 17.09.2007, terminated the

facility of FPPA/FPP with immediate effect. The circular

No. 2/87 dated 17.09.2007 in this respect reads as under:

^^ge vkidks voxr djkuk pkgsaxs fd lekesyu ds iwoZ

rFkk orZeku esa iwoZorhZ vo/ xzkeh.k cSad esa leLr vfèkdkfj;ksa@

deZpkfj;ksa dks osrueku ds vf/dre ij igq¡pus ds ,d

o"kZ ckn ,iQ ih ,@,iQ ih ih fn;s tkus dh O;oLFkk gS A

ysfdu 'ks"k nks iwoZorhZ cSadksa--------------------------------------------esa ,slh dkbZ

O;oLFkk ugha Fkh A

lekesyu ds i'pkr~ iwoZorhZ xzkeh.k cSadksa esa ,d:irk ykus

ds fy, cSad funs'kd e.My us fnukad 07&9&2007 dh

lkroha cSBd esa iwoZorhZ vo/ xzkeh.k cSad esa leLr vf/

dkfj;ksa@deZpkfj;ksa dks osrueku ds vf/dre ij igq¡pus ds

,d o"kZ ckn feyus okyh ,iQ ih ,@,iQ ih ih dks rRdky

izHkko ls lekIr@okil ysus dk fu.kZ; fy;k gS] D;ksafd ,iQ

ih ,@,iQ ih ih fu;ekuqlkj ns; ugha Fkk A vr% iwoZorhZ vo/

xzkeh.k cSad ds vf/dkfj;ksa@deZpkfj;ksa dks feyus okyk ,iQ ih

,@,iQ ih ih ij rRdky izHkko ls jksd yxkbZ tkrh gSA**

Thus the stand taken by the management of Aryavart

Gramin Bank that the continuance of FPA/FPP, which was

not as per Rules, may be terminated, was in order.

20.

The stand taken by the management that the

reference relates to the officers of amalgamated bank who

do not fall within the definition of “workman” seems having

no force as the parties have pleaded that the FPA/FPP

was admissible to employees/officers of the erstwhile

Avadh Gramin Bank, therefore, when it was extended to

employees then it can be well said that the reference order

relates to the class of people who come in the ambit of

definition of ‘workman’ as provided in Section 2 (s) of the

Indusial Disputes Act, 1947.

21.

Therefore, from the facts and circumstances of the

case and discussions made hereinabove, I am of

considered opinion that the action of the Aryavart Gramin

Bank in withdrawing of FPA/FPP benefits from the salary

of erstwhile employees of Awadh Gramin Bank by means

of letter dated 17.09.2007 was just, fair and legal; hence,

the reference under adjudication is adjudicated against

the workman’s Union and accordingly, I come to

conclusion that the workman’s union is not entitled for

any relief.

4316

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

22.

Award as above.

LUCKNOW

09th October, 2015.

RAKESH KUMAR, Presiding Officer

ubZ fnYyh] 29 vDrwcj] 2015

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vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k tcyiqj ds iapkV (lanHkZ la[;k (102@97) dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 29@10@2015 dks izkIr gqvk FkkA

¹la- ,y&12012@300@95&vkbZ vkj (ch&1)º

lqefr ldykuh] vuqHkkx vf/dkjh

New Delhi, the 29th October, 2015

S.O. 2104.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref.102/97) of

the Central Government Industrial Tribunal-cum-Labour

Court, Jabalpur as shown in the Annexure in the Industrial

Dispute between the management of Satate Bank of Indore

and their workman, which was received by the Central

Government on 29/10/2015.

[No. L-12012/300/95-IR(B-1)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL CUM LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/102/97

Shri Ram Nagwanshi,

General Secretary,

All India State Bank of Indore

Employees Congress,

9, Sanwer Road, Ujjain

...Workman/Union

Versus

Asstt. General Manager,

State Bank of Indore,

Maharana Pratap Nagar,

Bhopal

...Management

AWARD

Passed on this Ist day of October, 2015

1.

As per letter dated 25-3-97 by the Government of

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

received. The reference is made to this Tribunal under

Section -10 of I.D.Act, 1947 as per Notification No.L-12012/

300/95-IR(B-I). The dispute under reference relates to:

“Whether the action of the management of State

Bank of Indore in terminating the services of Shri

S.K.Mukati, Spl. Assistant, State Bank of Indore,

Morar (Gwalior) w.e.f. 6-1-94 is legal and justified? If

not, to what relief the workman is entitled?”

2.

After receiving reference, notices were issued to

the parties. Workman submitted statement of claim through

General Secretary, Bank Employees Union at Page 3/1 to

3/10. Case of Ist party workman is that workman Sushil

Kumar Mukati was appointed on 8-4-69 in Bank. He

worked with devotion. Workman was promoted to the post

of Special Assistant. On 19-6-90, shri Mukati had taken

charge in Morar branch. Without giving any training,

charge of Saving Account, R/D Accounts, pension was

entrusted to him. His authority was restricted to withdrawal

upto Rs.20,000/-. The withdrawal above Rs. 20,000 was

processed by Shri Sarvatte. There used to be rush of work

of pension during 1st to 5th day of the month. On 9-3-91,

Sbaccount Holder Jagdish Vyas submitted withdrawal of

Rs.10,000 alongwith pass book. Shri Jagdish himself

refused to accept payment telling that he used to sign in

Hindi. That on 20-9-91, cashier Shri R.L.Verma sent Mr.

Vijay Kumar Jain to workman for immediate issue of the

cheque. Following directions of Sr. cashier, the cheque

was issued after verifying the specimen signature. On

21-9-91, Mr. vijay Kumar Jain came for cheque of Rs.35,000.

As amount was above Rs.20,000, specimen signature and

pass book were sent to Mr. Sarvatte. Mr. Sarvatte after

verifying specimen signature passed payment of Rs.35,000

to Mr. Vijay Kumar. On 28-10-91, Vijay Kumar Jain submitted

withdrawal of Rs.15,000 along with pass book. The counter

clerk found no balance in his account. Mr. vijay Jain had

submitted complaint that he not withdrawn amount of Rs.

35,000 on 21-9-91. Thereafter the officers of the Bank

threatened workman to admit charges assuming that

workman and Mr. Sarvatte did the same.

3.

Workman has alleged that incident was reported to

police, chargesheet was issued on 7-9-91. The charges

related to withdrawal of Rs.10,000 on 27-1-92, amount of

Rs.35,000 on 27-1-92. The Defence Assistant did not

participate in Enquiry proceedings. He was not given

opportunity to cross examine the management’s witness.

Shri vijay Kumar Jain was not a witness in Enquiry

proceedings. Enquiry was vitiated. The finding of enquiry

Officer are perverse. He was not supplied report of

preliminary enquiry. Enquiry was not conducted following

principles of natural justice. On such ground, workman

prays for setting aside order of his dismissal and prays for

reinstatement with backwages.

4.

2nd party management filed Written Statement at

Page 9/1 to 9/3 opposing claim of the workman. 2nd party

contends that workman was posted as incharge of Saving

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4317

Bank Account. Cheque No. 217461-72 were issued to same

person. Ist party workman had shown extra interest while

issuing cheque books. He was not vigilant while issuing

the cheque book. The pyament of Cheque No. 217461 –

Rs. 35,000 for self was issued on 21-9-91. The bogus cheque

was submitted by unauthorised person. Workman shown

undue interest and issued token taking entries in ledger,

cash book and order for payment. Workman not shown

diligence to verify the specimen signature and passed

payment on 10-6-87, 26-6-89, duplicate and triplicate pass

books were issued on the ground that false pass book

were lost. Token for payment was issued to unauthorised

person. En enquiry conducted against workman, charges

were found proved. Considering gravity of the charges

proved against workman, the punishment of dismissal was

imposed. The 2nd denied contentions in Para-1,3,7 to 23

in statement of claim. All adverse contentions of workman

are denied. The contentions in Para 35, 36 of statement of

claim are claimed to be false. Workman was given

opportunity for his defence. On such contentions, 2nd

party prayed reference be answered in its favour.

5.

Workman filed rejoinder at Page 10/1 to 10/2

reiterating its contentions in statement of claim.

6.

The enquiry conducted against workman is found

legal as per order dated 9-5-2014. Considering pleadings

between parties and findings on preliminary issue, the

points which arise for my consideration and determination

are as under. My findings are recorded against each of

them for the reasons as below:-

(i)

Whether the charges alleged

In Affirmative

against workman are proved

from evidence in Enquiry

proceedings?

(ii) Whether the punishment of

In Negative

dismissal imposed against

workman is proper and legal?

(iii) If not, what relief the workman

As per final

is entitled to?”

order.

REASONS

7.

As per finding on issue, enquiry is found proper

and legal. Whether the charges against workman are proved

needs to be decided from evidence in Enquiry Proceedings.

MW-2 Shri S.R.Milani in his evidence at Page 11/28 to 11/

30 of Enquiry Proceedings has stated about the signatures

on document MEX-2 that he had carried preliminary

enquiry in the matter. When in MEX-13 signature isi

appearing on Shri S.K.Mukati, MEX-4, S.K.Mukjati signed

in his presence. MEX-26 letter was given to Shri Mukati

calling necessary information. MW-3 Ram Naresh Thakur

in his statement before Enquiry Officer says document

MEX-15 is payment scroll. The details of payments are

given in it. Entry of payment of Rs. 35,000 is taken in the

scroll. Account was opened on 28-9-84. MW-5 Shri

G.S.Chadda in his statement before Enquiry Officer says

on 31-10-91, workman Shri S.K.Mukati had given his

statement MEX-22 in his presence. Workman signed in

his presence. He has also signed on the document as

witness. In document MEX-22, workman had admitted

evidence is given by MW-2 K.K.Bhatt. Shri Bhatt says

document MEX-23 bears his signature. The statement of

workman was recorded on 2-11-91. It bears signature of

workman. The evidence of the management’s witness is

not shattered in their cross-examination. The scope of

judicial review under Section 11-A of ID Act is limited.

The evidence cannot be re-appreciated. The evidence of

CBI Officer is also clear that during inspection, he recorded

statements. Cheque of Rs.35,000 submitted by Shri Vijay

Kumar Jain. The evidence of other witnesses also supports

finding of Enquiry Officer. The findings of Enquiry Officer

cannot be said perverse. For above reasons, I record my

finding in Point No.1 in Affirmative.

8.

Point No.2- Evidence in Enquiry Proceeding is clear

that workman had taken entries in payment scroll about

payment of Rs.35,000. The payment was sanctioned by

shri Sarvatte Sr. officer. Considering the passing remark of

Ist party workman, the payment was actually sanctioned

by Mr. Savatte replying endorsement made by workman.

The power of Ist party were restricted to withdrawal of

Rs.20,000. For payment sanctioned by Mr. Sarvatte without

examining the specimen signatures, Ist party workman

cannot be held responsible. Ist party workman was

appointed on 4-4-79. Before termination of his service from

6-2-94, he completed long tenure with the Bank. Said aspect

was not considered by Disciplinary Authority while

imposing the punishment. The payment of cheque of

Rs.35,000 was sanctioned by Shri Sarvatte. The

punishment of dismissal imposed against workman is

excessive. The length of unblemished long service was

not considered. The workman died during pendency of

the proceeding. Considering above aspect, the

punishment of dismissal imposed against workman needs

to be modified to compulsory retirement. Accordingly I

record my finding in Point No.2.

9.

In the result, award is passed as under:-

(1)

The of the management of State Bank of Indore in

terminating the services of Shri S.K.Mukati, Spl.

Assistant, State Bank of Indore, Morar (Gwalior)

w.e.f. 6-1-94 is not proper and legal.

(2)

Punishment of dismissal imposed against deceased

workman is modified to compulsory retirement.

Retiral benefits be given to deceased workman/ his

LRs.

(3)

Parties to bear their respective costs.

R. B. PATLE, Presiding Officer

4318

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

ubZ fnYyh] 29 vDrwcj] 2015

dk-vk- 2105-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj LVsV cSad vkWiQ

chdkusj ,.M t;iqj izcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa

ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa vkS|ksfxd vfèkdj.k

t;iqj ds iapkV (lanHkZ la[;k (48@1996) dks izdkf'kr djrh gS]

tks dsUnzh; ljdkj dks 29@10@2015 dks izkIr gqvk FkkA

¹la- ,y&12012@143@95&vkbZ vkj (ch&1)º

lqefr ldykuh] vuqHkkx vf/dkjh

New Delhi, the 29th October, 2015

S.O. 2105.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref.48/1996) of

the Indus. Tribunal-cum-Labour Court Jaipur as shwon in

the Annexure, in the industrial dispute between the

management of State Bank of Bikner & Jaipur and their

workmen, received by the Central Government on

29.10.2015.

[No. L-12012/143/95-IR(B-1)]

SUMATI SAKLANI, Section Officer

vuqca/

vkS|kSfxd U;k;kf/dj.k] t;iqj

dsl ua- lh-vkbZ-Vh- 48@1996

jSiQjSal % Hkkjr ljdkj] Je ea=kky;] ubZ fnYyh dh vf/lwpuk

Øekad ,y- 12012@143@95 vkbZ-vkj-(ch)] ubZ fnYyh] fnukad

09-10-1996

1- vfuy dqekj iq=k nqxkZyky] IykV uEcj 2@125] Vhyk uEcj 1]

vktkn uxj] dPph cLrh] fnYyh ckbZikl jksM] gfjtu

cLrh&t;iqjA

2- vè;{k] vkWy cSad liQkbZ deZpkjh la?k] jktLFkku ekiQZr lsaVªy

cSad vkWiQ bf.M;k] vkdk'kok.kh ds ikl] ,evkbZ jksM] t;iqjA

-----izkFkhZx.k

cuke

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2- izca/ funs'kd] LVsV cSad vkWiQ chdkusj ,.M t;iqj] iz/ku

dk;kZy;] fryd ekxZ] t;iqjA

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dk;kZy;] ljkstuh ekxZ] lh&Ldhe] t;iqjA

4- {ks=kh; izca/d (izFke)] LVsV cSad vkWiQ chdkusj ,.M t;iqj]

{ks=kh; dk;kZy;] vapy dk;kZy;] t;iqjA

-----vizkFkhZx.k

mifLFkr

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vizkFkhZ dh vksj ls %

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fnukad % 02-06-2015

vf/fu.kZ;

1- Hkkjr ljdkj ds Je ea=kky; dh vkKk Øekad ,y-

12012@143@95 vkbZ-vkj- (ch-)] ubZ fnYyh fnukad 09-10-

1996 }kjk fuEu vuqlwph dk fookn vf/fu.kZ; gsrq bl vfèkdj.k

ds ;gka fnukad 22-20-1996 dks bl vk'k; dk izkIr gqvk gS

fd& ‘‘Whether the claim of the workmen Sh. Anil Kumar,

part time sweeper for full scale of pay the date his junior

workmen Sh. Shyam Lal and Satya Narain are given full

scall of pay is justified? If so, to what relief the workmen

is entitled?’’

2- izkFkhZx.k }kjk ,d LVsVesaV vkWiQ DySe izkFkZuk i=k bl vk'k; dk

izLrqr fd;k fd Jfed vizkFkhZ laLFkku ds v/hu fnukad

01-08-1987 ls ,d frgkbZ osrueku ij fu;qfDr dh xbZA vizkFkhZ

izcaèkd] iz/ku dk;kZy;] fryd ekxZ] t;iqj ds i=k la[;k

dkiz@451@LFkk@3782 fnukad 04-05-1989 ds vuqlkj fnukad

08-04-1988 ls cSad lsok esa v/huLFk deZpkjh oxZ esa Lohij in

ij ,d frgkbZ osrueku ij LFkkbZ fd;kA vizkFkhZ la[;k 3 ds

}kjk Jfed ls dfu"B ';keyky dh fu;qfDr fnukad 01-09-91

dks 1992 ls iw.kZ osrueku fn;k x;kA NksVsyky dks fnukad 01-

09-91 dks 175@& jQi;s izfrekg ij va'kdkyhu liQkbZ deZpkjh

in ij fu;qDr fd;k rFkk fnukad 05-10-1994 ls iw.kZ osrueku

fn;k x;kA nsosUnz dks 1992 esa va'kdkyhu liQkbZ deZpkjh in

ij fu;qDr fd;k rFkk 05-10-94 ls iw.kZ osrueku fn;k x;k rFkk

izHkqn;ky dks 1988 esa va'kdkyhu liQkbZ deZpkjh ds in ij

fu;qDr fd;k tkdj 1995 esa iw.kZ osrueku fn;k x;kA Jfed us

ekeyk 1993 dks Je vk;qDr] t;iqj ds le{k mBk;k] ftl

ij fnukad 13-10-93 dks iathÑr ;wfu;u }kjk ekeyk mBkus ds

fy, fy[kk x;k] ftl ij izkFkhZ la[;k 2 ds ekè;e ls fnukad

11-10-1994 dks ekeyk lgk;d Je vk;qDr] t;iqj ds le{k

izkFkZuk i=k izLrqr fd;k x;k] tgka foi{khx.k ls eè;LFkrk

djok, tkus ckcr~ foi{khx.k dks uksfVl tkjh fd;k] foi{khx.k

dh vksj ls fnukad 11-01-93 dks tokc izLrqr dj fdlh Hkh

izdkj ls lgk;rk izkIr djus dk izkFkhZ Jfed vf/dkjh ugha

gksuk crk;k rFkk le>kSrk okrkZ foiQy gksus ds dkj.k lgk;d

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4319

Je vk;qDr] t;iqj }kjk fnukad 29-05-1995 dks lfpo] Hkkjr

ljdkj] Je ea=kky;] ubZ fnYyh dks Hkstk] ;gka ls fnukad

09-10-1996 dks Hkkjr ljdkj us vf/lwpuk }kjk ;g ekeyk bl

vf/dj.k dks izsf"kr fd;kA

3- vizkFkhZx.k dh vksj ls tokc izLrqr dj izkjafHkd vkifÙk yh gS

fd la?k dks LVsVesaV vkWiQ DySe izLrqr djus dk vf/dkj ugha gS

rFkk LVsVesaV vkWiQ DySe ds iSjk la[;k 1 o 2 ds laca/ esa dksbZ

vkifÙk ugha dh rFkk vU; fcUnqvksa dks vLohdkj djrs gq,

LVsVesaV vkWiQ DySe [kkfjt djus dh izkFkZuk dh gSA

4- izkFkhZ ds izfrfuf/ dh vksj ls fnukad 09-03-2015 dks No

Instruction Plead fd;kA bl ij izkFkhZx.k DysesaV dks bl

vf/dj.k }kjk uksfVl fn;k x;kA izkFkhZ ;wfu;u dh rkehy gksus

ds ckotwn dksbZ mifLFkr ugha vk;k rFkk izkFkhZ vfuy dqekj dh

jftLVªh bl uksV ds lkFk okil vkbZ fd ^^izkIrdÙkkZ bl irs ij

ugha jgrk gSA** izkFkhZx.k dh vksj ls LVsVesaV vkWiQ DySe ds

leFkZu esa dksbZ lk{; izLrr ugha dh gSA vr% izkFkhZx.k dk

LVsVesaV vkWiQ DySe [kkfjt fd, tkus ;ksX; gS rFkk Jfed fdlh

Hkh rjg dh jkgr izkIr djus dk vf/dkjh ugha gSA

6- mijksDr foospu ds iQyLo:i izdj.k esa LVsVesaV vkWiQ DySe

vokMZ fuEu izdkj ls ikfjr fd;k tkrk gS&

vf/fu.kZ;

‘‘The claim of the workmen Sh. Anil Kumar, part time

sweeper for full scale of pay from the date his junior

workmen Sh. Shyam Lal and Satya Narain are given full

scale of pay is not justified and workman is not entitled

for any relief.’’

dsnkj yky xqIrk] U;k;k/h'k

ubZ fnYyh] 29 vDrwcj] 2015

dk-vk- 2106-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj lriqMk {ks=kh;

xzkeh.k cSad izcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds

chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k] tcyiqj ds iapkV (lanHkZ la[;k (54@08) dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 29@10@2015 dks izkIr gqvk FkkA

¹la- ,y&12012@188@2007&vkbZ vkj (ch&1)º

lqefr ldykuh] vuqHkkx vf/dkjh

New Delhi, the 29th October, 2015

S.O. 2106.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 54/08)

of the Cent. Govt. Indus. Tribunal-cum-Labour Court

Jabalpur as shown in the Annexure, in the industrial dispute

between the management of Satpura Kshetriya Gramin

Bank and their workmen, received by the Central

Government on 29/10/2015.

[No. L-12012/188/2007-IR(B-1)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/54/08

Shri Mukesh Chourasia,

S/o Shri Ramcharan Chourasia,

Devri, Raisen Distt. (MP)

...Workman

Versus

Chairman,

Satpura Kshetriya Gramin Bank,

(erstwhile KGB Hoshangabad), Head Office,

800/19, South Civil Lines,

Chhindwara

...Management

A W A R D

Passed on this 9th day of October 2015

1.

As per letter dated 20.3.08 by the Government of

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

received. The reference is made to this Tribunal under

Section-10 of I.D. Act, 1947 as per Notification No. L-12012/

88/2007-IR(B-I). The dispute under reference relates to:

“Whether the action of the management of Chairman,

Satpura Kshetriya Gramin Bank in terminating the

services of Shri Mukesh Chourasia S/o Ramcharan

Chourasia as authorized collection agent w.e.f.

14.2.2004 is legal and justified? If not, to what relief

the concerned workman is entitled to?”

2.

After receiving reference, notices were issued to

the parties. Ist party workman failed to participate in

reference proceeding. He failed to submit statement of

claim. On 13.1.2014, Ist party is proceeded exparte.

3.

2nd party management filed Written Statement. The

case of 2nd party is that management floated a Gramin

Mini Deposit Scheme. Said Bank is merged in Central MP

Gramin Bank and Regional office at Hoshangabad, Head

office at Chhindwara. The scheme contemplated collection

of small amount from the persons desirous of making daily

deposits in the bank. Management needed persons and

appointed agents including applicant purely on contract

basis. The agent was entitled to 2% of total collection

4320

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

made by him each month. The Bank was paying

commission to the workman, collection scheme was quoted

by the Bank during 1986 to 2000 in 15 branches out of its

total 80 branches. Review of said scheme was taken by

them and it was found that scheme was no longer in

prevailing circumstances. When the scheme was floated

the rate of interest was 13% per annum in respect of term

deposit while it was 5% per annum in respect of Saving

Bank Account. The cost of implementing the scheme was

8%. At the time when review of the scheme was made the

cost become 6.5% for implementing the scheme itself plus

operating expenses while the bank has to pay 2%

commission to daily deposit collectors under the scheme

and interest at 3% per annum to depositors. The cost of

scheme was found not economical therefore the Bank

was instructed to close the scheme as per decision of

Board Directors dated 9.3.04 published in newspaper. As

a result, workman was terminated.

4. That engagement of workman was purely contractual.

He was not regular employee of the Bank. Workman was

paid commission on the basis of amount collected by him

and deposited in the Bank as per the agreement. As per

Clause I and 15 of the agreement dated 6.9.99, the terms

and conditions mentioned in appointment letter dated

21.7.99, it was discretion of the Bank to terminate without

notice to the authorized collection agent without assigning

reasons. That the matter is governed by Section 2(00)(bb)

of ID Act and doesnot amount to retrenchment. Provisions

of Section 25-F of ID Act are not attractred as workman

terminated as per the terms of contract.

5. Considering pleadings on record, the points which arise

for my consideration and determination are as under. My

findings are recorded against each of them for the reasons

as below:-

(i)

Whether the action of the

In Affirmative

management of Chairman,

Satpura Kshetriya Gramin

Bank in terminating the

services of Shri Mukesh

Chourasia S/o Ramcharan

Chourasia as authorized collection

agent w.e.f. 14.2.2004 is

legal and justified?

(ii) If not, what relief the workman

Workman is not

is entitled to?’’

entitled to any

relief.

REASONS

6.

As narrated above, workman has failed to file his

statement of claim. Workman is proceeded exparte on

13.1.2014. 2nd party filed affidavit of evidence of witness

Rakesh Suri supporting contentions of management in

Writeen Statement that as per terms and conditions of the

agreement, services of workman were terminated as the

collection scheme noted by Bank during 1986 to 2000 was

not economical vital. Workman not completed 240 days

continuous service in any calendar year. Section 25-F of

ID Act is not attracted. Evidence of management's witness

remained unchallenged as workman failed to participate in

reference and cross-examine witness of management. I

donot find any reason to disbelieve the evidence of

management's witness as workman has not filed any

evidence to substantiate his claim. I record my finding in

Point No. 1 in Affirmative.

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

(1) The action of management of Chairman, Satpura

Kshetriya Gramin Bank in terminating the services of Shri

Mukesh Chourasia S/o Ramcharan Chourasia as

authorized collection agent w.f.f. 14.2.2004 is legal and

proper.

(2) Workman is not entitled to any relief.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 29 vDrwcj] 2015

dk-vk- 2107-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj LVsV cSad vkWiQ

banksj izcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp]

vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k tcyiqj ds iapkV (lanHkZ la[;k (174@2001) dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 29@10@2015 dks izkIr gqvk FkkA

¹la- ,y&12012@266@2001&vkbZ vkj (ch&1)º

lqefr ldykuh] vuqHkkx vf/dkjh

New Delhi, the 29th October, 2015

S.O. 2107.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 174/

2001) of the Cent. Govt. Indus. Tribunal-cum-Labour Court

Jabalpur as shwon in the Annexure, in the industrial dispute

between the management of State Bank of Indore and their

workmen, received by the Central Government on

29.10.2015.

[No. L-12012/266/2001-IR(B-1)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/174/2001

General Secretary,

Dainik Vetan Bhogi Bank Karamchari Sangathan,

9, Sanwer Road, Hardeo Niwas,

Ujjain.

...Workman/Union

Versus

Dy. General Manager,

State Bank of Indore,

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4321

Zonal Office,

Indore (MP)

...Management

AWARD

Passed on this 14th day of October 2015

1.

As per letter dated 15.11.2001 by the Government of

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

received. The reference is made to this Tribunal under

Section-10 of I.D. Act, 1947 as per Notification No. L-12012/

266/2001-IR(B-I). The dispute under reference relates to :

“Whether the action of the General Manager, State

Bank of Indore (MP) in terminating the services of

Shri Shyamlal, Peon-cum-Farrash as justified? If not,

what relief the workman is entitled?”

2.

After receiving reference, notices were issued to

the parties. Ist party workman submitted statement of claim

at page 4/2 to 4/9. Case of Ist party workman is that he

was working on scale wages during 1983-84 on pay scale

Rs. 690.90. He was again engaged from 22.12.93 on daily

wages. He was doing the work of cleaning, sweeping and

other works of the peon. He was working till 31.3.98. He

completed 240 days continuous service during each of

the year. He was paid bonus after filing proceeding before

ALC. In proceeding before ALC, 2nd party admitted

working of 376 days during the period 12.1.94 to 2.5.98.

Bonus of Rs. 1031 was paid on 14-9-98. Workman further

submits he had completed 240 days continuous service

during 97-98 at Ratlam, 336 days and 289 days during period

10-3-97 to 6-5-98. The services re terminated without notice.

He was not paid retrenchment compensation. His services

are terminated in violation of Section 2S-F of ID Act. the

due amount of bonus was not paid to him. On such ground,

he prays for reinstatement with backwages.

3.

2nd party filed Written Statement at Page 9/1 to 9/8

opposing claim of workman. Case of 2nd party is that

workman was engaged during leave vacancy of regular

sub staff. Workman was engaged on daily wages as per

exigencies. Workman was not appointed by Bank following

recruitment process. his name was not sponsored through

Employment Exchange as per rules of the Bank. Shri Ram

Nagwanshi is a dismissed employee of Bank, he is not

competent to raise the dispute. Workman was not included

in panel list maintained by Bank working 240 days on casual

basis doesnot give workman right to the post. The reference

is delayed. The delay is not explained therefore reference

is not tenable. Workman is not entitled to any relief.

4. Workman filed rejoinder at Page 13/1 to 13/4

reiterating his contentions in statement of claim.

5.

Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:-

(i) Whether the action of the

In Negative

General Manager, State Bank of

Indore (MP) in terminating the

services of Shri Shyamlal, Peon-

cum-Farrash is justified?

(ii) If not, what relief the

As per final order

workman is entitled to?’’

REASONS

Workman filed affidavit of his evidence supporting

his contentions that he worked during 3-10-83 to 31-3-84

on pay scale. From 22-12-93, he was engaged on wages

Rs.30/- per day. He continuously worked till 12-5-90 at

Station Road Branch, Ratlam. He had completed more than

240 days. During 1997-98, he worked for 290 days total 672

days. His services were terminated without notice from

12-5-98. In his cross-examination, workman says he passed

8th standard. He had not appeared in selection process.

He was doing work of cleaning, sweeping and taking ledger.

He was not interviewed. Appointment letter was not given

to him. He was also doing work of stitching vouchers of

regular peons. Two regular peon were working in the

branch. In 1983-84, he was paid on skilled wage basis, its

basic pay was Rs. 436/-. During 22-12-93 to 31-12-95 he

was paid Rs. 30 per day from 10-3-97 to 6-5-98. He was

paid Rs. 40/- per day. He denied suggestion that he was

working only for 2-3 hours in a day. The evidence of

workman that he was continuously working for more than

240 days is not challenged in cross-examination of

workman.

7. Management’s witness Dilip Kumar filed affidavit

supporting contentions of 2nd party in Written Statement

that workman was engaged as per exigencies. Workman

was not continuously working. He was not appointed by

the Bank. In his cross-examination, management’s witness

says he is giving evidence on information given by Branch

Manager. Shri Mandloi and Kule couldnot be contacted.

Shri Rajiv Agrawal Branch Manager Station Road branch

was contacted by him through telephone. Management’s

witness denied that workman worked for 3-4 years. He

claims ignorance about payment of bonus at both the

branches. The evidence of workman that he worked more

than 240 days during 93 to 98 is not challenged in cross-

examination. Evidence of management is not supported

by documents.

8. Workman has produced documents Exhibit W-1

pertaining to claim of workman for bonus. Exhibit W -2 is

reply submitted by 2nd party to ALC. The working for 376

days on daily wages by workman is admitted during the

period 10-1-94 to 2-5-98. The management had denied that

workman had completed 240 days continuous service.

Exhibit W -3 is reply given to ALC shows workman had

completed 376 days working. He worked for 233 days in

1997-98 and 20 days in 1998-99. Exhibit W-5 is Asstt.

Manager requesting review of the matter. Exhibit W-6

4322

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

Asstt. General manager requested to arrange meeting for

conciliation. Exhibit W - 7 is letter issued by Bank Manager

regarding payment of bonus to workman. Exhibit W-8 also

relates to payment of bonus to workman. Exhibit W -9

pertains to payment of bonus of Rs.100. 145.35 Rs to

workman for the year 1983-84. W-I0 is General manager

requested for review of the matter. Exhibit W -11 shows

his appointment letter of workman on pay scale, basic pay

is shown Rs.245/-. All those documents clearly shows that

workman was working in the bank on daily wages. His

evidence that he completed more than 240 days during

1993 to 1998 remained unchallenged. Evidence of

management’s witness is not supported by documents. I

therefore find no reason to disbelieve evidence of workman

that he completed 240 days continuous service during

1993 to 1998 and his services are terminated without notice,

retrenchment compensation is not paid therefore

termination of workman is illegal for violation of Section

25-F of ID Act. For above reasons, I record my finding in

Point N 0.1 in” Negative.

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

Termination of workman is in violation of section 25-F of

ID Act, workman was engaged on daily wages, he had not

appeared for interview. Conciliation process was not

followed. Workman was working from 93 to 98.

Reinstatement with backwages would not be appropriate.’

Considering the period of working, compensation

Rs.75,000 would be reasonable. Accordingly I record my

finding in Point No.2.

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

(1)

The action of the General Manager, State Bank of

Indore (MP) in terminating the services of Shri

Shyamlal, Peon-cum-Farrash is not proper and

legal.

(2)

2nd party management is directed to pay

compensation Rs.75,000 to the workman.

Amount as per above order shall be paid to workman

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

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

from the date of award till its realization.

R. B. PATLE, Presiding Officer

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New Delhi, the 29th October, 2015

S.O. 2108.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 4/2011)

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

Jabalpur as shown in the Annexure, in the industrial dispute

between the management of State Bank of India and their

workmen, received by the Central Government on 29/10/

2015.

[No. L-12011/73/2008-IR (B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/4/2011

Dy.General Secretary,

State Bank Karmchari Sena,

C/o State Bank of India,

Main Branch, Station Road,

Nagpur

...Workman/Union

Versus

General Manager,

State Bank of India,

Personnel Management Deptt.

16th Floor, Corporate Centre,

Post Box 12, Mumbai

Dy.General Manager,

SBI, Zonal Office,

S.V. Patel Marg,

Kingsway, Nagpur

...Management

A W A R D

Passed on this 30th day of September 2015

1. As per letter dated 6-1-2011 by the Government of

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

received. The reference is made to this Tribunal under

Section -10 of I.D.Act, 1947 as per Notification No.L-12011/

73/2008-IR(B-I). The dispute under reference relates to:

“Whether the action of the management of State

Bank of India, Nagpur in introducing a new

scheme for payment of ex-gratia lumpsum amount

in lieu of appointment on compassionate grounds

w.e.f. 4-8-05 without issuing notice to the

workmen under Section 9-A of ID Act, 1947 is

justified? To what relief the dependents and legal

heirs of deceased employees/ Union is entitled?”

2. After receiving reference, notices were issued to the

parties. Ist party Union did not appear in the matter. Ist

party was proceeded exparte on 14-6-2013.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4323

3. 2nd party filed exparte Written Statement contenting

that reference made by Government of India can be inferred

that Union has challenged the action of the Bank in

rejecting the case of appointment on compassionate

ground. Written Statement is further devoted about

definition of Industrial Dispute, workman, dismissal of

workman. Individual workman has been discharged,

dismissed or retrenched otherwise or terminating raising

dispute with his employees. That reference made by

Government was rejected by CGIT Nagpur. Written

Statement also exhaustively devoted about ratio held in

various judgments by Apex Court. The object of granting

compassionate appointment was to enable the family to

tide over the sudden crisis due to the death of the sole

breadwinner. The mere death of an employee in harness

does not entitle his family to such a source of livelihood.

The object is to offer compassionate appointment only on

the basis of financial condition of the family. Appointments

in public services are made strictly on basis of open

invitation. The Bank introduced scheme called as SBI

Scheme for payment of exgratia amount. The objective of

scheme was that because of changing banking scenario

in India less manual workforce is needed in the Bank. The

Executive Committee of the Central Board in its meeting

held on 4-8-2005 approved the scheme for payment of

exgratia lump sum amount in lieu of appointment on

compassionate ground. The service conditions are those

which are governing the employees during his employment

and further when the compassionate appointment itself is

not fundamental right no notice of change is required to

be given.

4. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:-

‘‘(i) Whether the action of the

An Affirmative

management of State Bank of

India, Nagpur in introducing a

new scheme for payment of ex-gratia

lump sum amount in lieu of appoint-

ment on compassionate grounds w.e.f.

4-8-05 without issuing notice to the

workmen under Section 9-A of

ID Act, 1947 is justified?

(ii) If not, what relief the workman is

Workmen/

entitled to?”

Union are not

entitled to any

relief.

REASONS

5. As stated above, Union has not participated in

reference after the service of notice. Exparte Written

Statement is filed by Bank. Affidavit of evidence is filed

by Shri Narsingh Kumar Mehta supporting contentions in

Written Statement filed by 2nd party. management’s witness

is not cross-examined. There is no evidence to support

contentions of workman raised by the dispute. Therefore

I record my finding in Point No.1 in Affirmative.

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

(1)

The action of the management is proper and

legal.

(2)

Union is not entitled to any relief.

R. B. PATLE, Presiding Officer

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New Delhi, the 29th October, 2015

S.O. 2109.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No.74/02)

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

Jabalpur as shown in the Annexure, in the industrial dispute

between the management of State Bank of India and their

workmen, received by the Central Government on 29/10/

2015.

[No. L-12012/31/2002-IR(B-1)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/74/02

Shri Ratanbahadur

S/o Shri Kishanbahadur,

R/o Ajanta Talkies,

Near Bansal Bhawan,

H.No.18, Ratlam

...Workman

Versus

Asstt. General Manager,

State Bank of India,

Zonal Office, Hamidia Road,

4324

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

Region-V,

Bhopal (MP)

...Management

A W A R D

Passed on this 28th day of September, 2015

1. As per letter dated 17-5-02 by the Government

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

received. The reference is made to this Tribunal under

Section -10 of I.D.Act, 1947 as per Notification No.L-12012/

31/2002-IR(B-I). The dispute under reference relates to:

“Whether the action of the management of Asstt.

General Manager, State Bank of India in not

regularizing the services of Shri Ratanbahadur

S/o Kishanbahadur is justified? If not, What relief

the workman is entitled?”

2. After receiving reference, notices were issued

to the parties. Workman submitted statement of claim at

Pages 2/2 to 2/7. Case of workman is that he was working

in SBI Ratlam from 1-11-88 to 2-7-97 as messenger against

permanent post. He worked in various department like

cash, records. That person of high integrity is allowed to

work in cash department. Experience certificate was issued

by Branch Manager. He belongs to General Category.

Management called him for interview, for permanent post

of messenger, he had complained against the selection

committee. The messenger having lesser days experience

were selected by underhand dealings. Many officers of

Selection Committee were suspended. That interview

conducted was mere formality. Most of the candidates

selected from Ujjain by way of corruption. That workman

was not allowed to sign attendance register by concerned

officer is illegal. Bank not strictly followed guidelines of

Sastry Award. Bank was not maintaining record of Class-

IV employees. That copy of attendance register maintained

by bank is produced. Workman delivered cheque, telegram

etc. to the parties. Since 1985, workman was regularly

working till 2-7-97. Bank regularised services of juniors.

Workman belonging to weaker section could not fulfill

illegal demands for regularization in service. As per the

rules, temporary employees putting aggregate of 90 days

temporary service as on 15-4-85 were given chance for

consideration. Workman reiterates that Bank has not

maintained attendance record of temporary employees.

Workman referred to ratio held in AIR-1976-SC-1111 and

reiterated that his service are terminated in violation of

Section 25-F of ID Act. On such ground, workman prays

oral termination of his service from 1-3-85 is illegal for

violation of Section 25-F of ID Act, he is entitled for

reinstatement with backwages.

3. It appears that statement of claim is also submitted

in Hindi at Pages 8/1 to 8/5 contending that he worked for

85 days during 15-4-85 to 17-7-85, 289 days during 5-3-87

to 28-12-87, 711 days during 1-11-88 to 14-8-91. That his

services were terminated without notice. He worked for

more than 240 days. He is employee covered under Section

25 B of ID Act.

4. 2nd party filed Written Statement at Pages 12/1

to 12/13 opposing claim. Preliminary objection is raised

that Shri Ram Nagwanshi so called General Secretary of

Union was terminated after enquiry is not competent to

raise the dispute. That Ist party workman was engaged as

canteen boy in staff canteen of Collector branch from 15-

4-85 to 1-5-85 and 10-5-85 to 17-7-85. There is local

implementation committee for staff members. Bank has

nothing to do with recruitment by implementation

Committee. 2nd party Bank has no direct control over the

canteen or work done by canteen boy. Welfare Committee

used to make payment to workman through cheque.

Workman was not in employment of the Bank. 2nd party

reiterates that Ist party employee was initially engaged on

daily wages as temporary messenger for 85 days from 10-

5-85 to 17-7-85. Workman had not completed 240 days

continuous service during any of the calendar year.

Workman was Engaged on daily wages. His employment

come to end at end of the day. His discontinuation is

covered under Section 2(oo)(bb) of ID Act. Engagement

of Ist party was depending on exigencies, purely

contractual. Bank has elaborate selection procedure for

permanent appointment calling names from Employment

Exchange. The settlement provides-

“Temporary employees completed 240 days

temporary service during 1-7-75 – 270 days service in

block of 36 calendar months after 1-7-75, the employees

who have completed a minimum of 30 days temporary

service in any calendar year after 1-7-75 or a minimum of

70 days aggregate temporary service in any continuous

block of 36 calendar months after 1-7-75 , temporary service

of 270 days, 240 days, 70 days or 30 days should have

been put in by a temporary employee as on 31-7-88. Said

period was extended till 14-8-91”

The eligible daily wagers casual employees who

completed required minimum days were given chance for

permanent

employment.

Management

issued

advertisement in newspaper. Ist party submitted his

application to the Bank stating that he worked for 85 days,

certificate issued by Branch Manager. As workman worked

only for 85 days after cut off date, he could not be absorbed

in service of the Bank. It is denied that Ist party was called

by Ist party was called by Branch Manager. He was asked

not to come on next day. That Ist party employee was

engaged by local Implementation Committee as canteen

boy. Workman had not completed 240 days continuous

service. He is not employ under 25-B of ID Act. The

violation of section 25-F of ID Act is denied. Ist party

appeared for interview but he was not found eligible as

per seniority. That non-engagement of workman is covered

under Section 2(oo)(bb) of ID Act as he was engaged on

daily wages. Workman is not entitled to scale wages as he

was never permanent employee of the Bank. 2nd party prays

that workman is not entitled to reinstatement with

backwages.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4325

5. Workman submitted rejoinder at Page 15/1 to

15/3 reiterating his contentions in statement of claim.

6. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:-

(i) Whether the action of the

In Affirmative

management of Asstt. General

Manager, State Bank of India in

not regularizing the services of

Shri Ratanbahadur S/o

Kishanbahadur

is justified?

(ii) If not, what relief the

Workman

is

not

workman is entitled to?”

entitled to any relief.

REASONS

7. The terms of reference pertains to denial of

regularization of workman. Legality of termination of his

service in violation of Section 25-F of ID Act is not covered

in the order of reference. 2nd party has admitted Ist party

working for 85 days prior to cut off date 14-8-91. Workman

was called for interview. He could not be absorbed in the

Bank as his working days were less.

8. Workman filed affidavit of his evidence. In para-

4 of his affidavit, he has stated that he worked for 85 days

from 15-4-85 to 17-7-85, 289 days from 1-3-87 to 20-12-87,

711 days from 1-11-88 to 14-8-91. That he was continuously

working for more than 240 days. Denial of regularization

as per the settlement is illegal. In his cross-examination,

workman says he was working in the Bank during 15-4-85

to 1-5-85. He denies that he was working in canteen from

10-5-85 to 17-7-85. He claims ignorance about settlement

between Bank and Union. After his interview, appointment

letter was not given. H denies that he was not found fit

after interview.

9. Though workman has produced large number of

copy of documents, no care is taken to prove those

documents. Documents produced by workman Exhibit

W-1 pertains to 85 days working of workman from 1-5-85

to 1-7-85 and 10-5-85 to 17-7-85. Exhibit W-2 is letter of

identity of workman as temporary watchman. W-3 is copy

of public notice issued inviting applications from

temporary employees. 70 days during 26 calendar months

during 1-7-75 to 31-7-86, Exhibit W-4 to 7 are documents

relating to payment of retrenchment compensation, one

months notice paid to Shri Tekre, Narayan Shivhare,

Mukesh, Trilokchand. Those documents do not establish

working period of workman prior to the cut off date. Exhibit

W-8 is letter issued to branches by Chief Personnel Officer

informing that the candidates interviewed in 1989 were

not required to be called for interview in 1997. Exhibit W-9

is letter issued to Shri G.K.Sarsia part time employee for

interview. Exhibit W-10 is certificate of working days of

Gopal Sarsia that he worked for 67 days. Exhibit W-11 is

appointment letter issued to Vyas. Exhibit W-12 is certificate

of 103 working days of Kamal Kishore Vyas. Exhibit W-14

is letter issued to branches by Asstt. General Manager

that the appointments were to be given to temporary

employees in the list. Exhibit W-15 is copy of letter dated

12-12-02 prohibiting employment in subordinate cadre.

Exhibit W-16 is certificate issued by Bank that workman

was on duty on 20-1-93 as canteen boy. Said document

support contention of workman that he was working in

the Bank prior to cut off date 14-8-91. Copies of settlements

are produced at Exhibit M-1 to M-5. Parties are not in

dispute about settlement and cut off date prescribed for

absorption of temporary employees. 2nd party had admitted

workman was working for 85 days prior to cut off date.

Copy of select list is produced at Exhibit M-6. Working

days of last candidate appointed is shown 96 days at

Sl.No.169 candidate having less number of working days.

Considering working days of workman prior to cut off

were 85 days, shows that workman is not discriminated. In

Exhibit M-6, candidate at Page 173 candidate Gulab Singh

appointed having 73 days working is from ST category.

Workman is from General Category. Workman cannot

compare himself with the candidate of SC Category.

10. Management’s witness Shri Shukla filed

affidavit of evidence supporting contentions of 2nd party

in Written Statement that workman had worked for 85 days

till 17-7-85, he not completed 240 days continuous service

as per the settlements. In his cross-examination,

management’s witness says he was not posted in April to

July 95 at Collector branch, Ratlam. During March 87 to

December 87, he was not posted in Ratlam branch. During

1988 to 2000, he was not posted at Collectorate branch,

Ratlam. That he had not seen complete record of canteen.

The appointment letter was not issued to workman. He

was engaged as casual employee. The rules about welfare

committee are not produced. Workman was not issued

notice, retrenchment compensation was not paid to him.

11. Learned counsel for 2nd party Shri V.P.Khare relies

on ratio held in

Case of State of Karnataka and others Versus Shri

M.L.Kesari and others reported in 2010(9)SCC-247. Their

Lordship held appointment of qualified persons made

against sanctioned posts without following process of

open competition are irregular appointments. Only irregular

appointees are entitled to regularization in terms of Para

53 of Umadevi case.

The evidence in cross-examination of workman does

not substantiate claim of workman that he worked more

than 240 days prior to the cut off date. The evidence

discussed above does not show that workman has been

discriminated. Therefore, I record my finding in Point No.1

in Affirmative.

4326

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

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

(1)

The action of the management of Asstt. General

Manager, State Bank of India in not regularizing

the services of Shri Ratanbahadur S/o

Kishanbahadur is proper and legal.

(2)

Workman is not entitled to any relief.

R.B.PATLE, Presiding Officer

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New Delhi, the 29th October, 2015

S.O. 2110.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 145/

2002) of the Cent.Govt.Indus.Tribunal-cum-Labour Court,

Jabalpur as shown in the Annexure, in the industrial dispute

between the management of State Bank of India and their

workmen, received by the Central Government on

29/10/2015.

[No. L-12012/453/2001– IR(B-1) ]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/145/2002

General Secretary,

Daily Wages Bank Employees Association,

Hardev Niwas, 9,

Sanwer Road, Ujjain

...Workman/Union

Versus

Asstt. General Manager,

State Bank of India,

Zonal Office, Hamidia Road,

Bhopal (MP)

...Management

AWARD

Passed on this 16th day of September, 2015

1. As per letter dated 18-10-02 by the Government of

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

received. The reference is made to this Tribunal under

Section -10 of I.D.Act, 1947 as per Notification No.L-12012/

453/2001-IR(B-I). The dispute under reference relates to:

“Whether the action of the management of Assistant

General Manager, State Bank of India, Bhopal in

terminating the services of Shri Roopnarayan

shivhare w.e.f. 11-12-98 and not regularizing him even

after completing more than 240 days in a calendar

year is justified? If not, to what relief the workman is

entitled?”

2. After receiving reference, notices were issued to the

parties. Workman submitted statement of claim through

daily wage Bank Employees Union at Pages 2/1 to 2/8.

Case of Ist party is that workman Roop Narayan Shivhare

worked for 91 days as messenger in 1983, certificate of

working days was issued. During the period 27-11-84 to

19-2-85, he worked for 67 days as messenger. The certificate

of working days was issued. The workman was called for

interview on 27-4-85 for absorption as regular employee.

He was interviewed on that day. As per settlement dated

17-11-87, temporary employees working more than 30 days

during 1-1-1975 to 31-7-88 are eligible for appointment as

regular employee. That he had worked for 158 days.

Workman was called for interview on 22-9-89. After

interview, his name was included in panel list. As per letter

dated 10-2-97, he was informed that he was interviewed

earlier therefore it was not necessary to interview again.

3. Ist party workman submits that he was not called for

interview in 1997 as he was interviewed in 1989. Since

8-6-93, he was continuously working as messenger. On

11-12-98, workman was called in cabin and his services

were terminated. Cheque of Rs. 2160/- was given to him.

Workman reiterates that he was continuously working

more than 240 days. He also reiterates that he worked for

91 days in main branch till 14-8-91. His name was included

in panel list. He was paid bonus R. 2067 by cheque on

8-8-01. He worked more than 1500 days during 3-6-93 to

11-12-98. His services are terminated illegally. 2nd party

has violated settlement dated 17-11-89. The act of

management is punishable under section 29 of ID Act. On

such grounds, workman prays for his reinstatement with

backwages.

4. 2nd party filed Written Statement opposing claim of

workman. Case of 2nd party is Shri Ram Nagwanshi is not

competent to raise dispute as his services were terminated

from SB of Indore. He has no authority to represent

workman. Workman was engaged on daily wages on

contract basis for 91 days during the period 1-1-1983 to

31-12-1983, 67 days during 27-11-84 to 19-2-85. Workman

was not continuously working. Management paid wages

for the period of engagement. Workman had not completed

240 days continuous service during any of the year. As

per ratio held in case of Secretary of State of Karnataka

versus Umadevi and others , workman is not entitled to

reinstatement. Workman was not selected after his

interview. It is denied that workman was continuously

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4327

working. As working days of workman were less than other

temporary employees, he was not appointed. Workman

was paid retrenchment compensation Rs. 2160/-. In para-

11 of Written Statement, working days of workman are

shown 108 days in 1994-95, 203 days in 1995-96, 219 days

in 1996-97, 202 days in 1997-98 & 114 days in 1998-99

Total 746 days. As work was not available, workman was

discontinued. 2nd party submits that workman was not

entitled for reinstatement.

5. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:-

(i) Whether the action of the

In Negative

management of Assistant

General Manager, State Bank

of India, Bhopal in terminating

the services of Shri Roopnarayan

shivhare w.e.f. 11-12-98 and not

regularizing him even after completing

more than 240 days in a calendar

year is justified?

(ii) If not, what relief the

As per final order.

workman is entitled to?”

REASONS

6. Workman is challenging termination of his service

denying regularisation by 2nd party. Affidavit of his

evidence is filed by workman. Workman in his affidavit

says he worked for 91 days during 1-1-1983 to 31-12-1983

and 67 days during the period 27-11-84 to 19-2-85. He was

called for interview on 27-4-85. As per settlement dated

17-11-87, temporary employees working for 30/70 days as

sub staff are eligible for regular absorption. He worked for

158 days . he was called for interview on 27-9-89. He was

engaged by bank from 8-6-93. He was paid wages on daily

wage basis instead of pay scale. He was not called for

interview in 1997 as he was interviewed earlier in 1989.

That his services were forcibly terminated paying

compensation Rs.2160/-. From his evidence, documents

Exhibit W-1 to W-7 are proved.

7.

Workman in his cross-examination says he was

engaged by Bank in 1983, his name was not sponsored

through Employment Exchange. The post was not

advertised. In 1983, he was not interviewed. Appointment

letter was given to him. During 1983 to 1998, he was

intermittently working in Bank. During 1993 to 1998, he

worked for 1280 days. The details of his work are not given

in his affidavit. In 1998 along with him 8-10 persons were

terminated. He was unable to tell reason for his termination.

He was paid retrenchment compensation. He has not

produced receipt of membership of the Union. He joined

Union in the year 2000.

8. Management’s witness Yogesh Vijaya filed affidavit

of his evidence. In para 2 of his affidavit, working days of

workman are shown 91 in 1983, 67 days during 27-11-84 to

19-2-85. Working days for the period 94-95 to 98-99 are

shown as per the Written Statement. The affidavit of

management’s witness also refers to settlement dated

17-11-87, 16-7-88, 27-10-88, 9-1-91. The period was

extended till 14-8-91. Workman was called for interview

on 27-9-89, wait list of selected candidates was prepared.

Waiting List was valid till March 1997. That no junior was

retained in service by management. Workman had not

completed more than 240 days during any of the calendar

year. Retrenchment compensation Rs.2160/- was paid to

workman on 11-2-90. In his cross-examination,

management’s witness says he was not posted in GPO

branch during 1983 to 1985, 1994 to 1998. He has not

disclosed about the case with the Branch Manager

working during said period. He claims ignorance about

sanctioned post of peon in GPO branch during 1994 to

1999. Appointment letter was not given to workman. His

attendance register was not maintained. Workman was

paid wages every day. He claims ignorance how the wages

were paid. Bonus was not paid to workman. Permission of

Government was not taken for terminating services of

workman. Retrenchment notice was not given to workman.

He claims ignorance whether list of daily wage employees

was displayed. Exhibit W-8 is admitted by management’s

witness.

9. Copies of settlements are produced at exhibit M-1 to

M-5. The list of selected candidates are produced at Exhibit

M-6. Name of Ist party workman is appearing at page 56 at

Sl.No.157. his working days are shown 91. In Written

statement and evidence of management’s witness,

workman was working for 91 days in 1983 and 67 days

during 84 to 85. Total working days is 158. However his

working days in M-6 are shown only 91 days. The correct

working days of workman are not shown in Exhibit M-6. In

Exhibit M-6, Bhagwandas candidate at Sl.No.161 is

appointed. His working days are shown 96 from Category

C-I whereas working days of workman are shown 158 days.

Workman is not given appointment after his interview as

the working days were shown 91 days instead of 158 days.

Exhibit M-1 is not in dispute between parties. The said

settlement provides- employees completed 240 days

temporary service during 1-7-75 – 270 days service in

block of 36 calendar months after 1-7-75, the employees

who have completed a mimumum of 30 days temporary

service in any calendar year after 1-7-75 or a minimum of

70 days aggregate temporary service in any continuous

block of 36 calendar months after 1-7-75 are given chance

for permanent appointment in Bank service is likely to

arise during 1987 to 1991. Working days of workman were

wrongly shown in Exhibit M-6. Workman was illegally

denied appointment. Candidates having less working days

were appointed. The term of reference pertains to legality

of termination and denial of regularisation. Considering

4328

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

158 working days of workman, he was entitled for

absorption after his interview. List Exhibit M-6 is not

disclosing whether the said list is of 1989 or 1997. The list

of 1989 is not produced on record. Exhibit W-8 admitted

by management’s witness also shows 91 days working

days of workman in 1983. Exhibit w-2 shows 67 days

working in 1984-85. Exhibit W-4 is copy of public notice.

Exhibit W-5 is interview call of the workman. From evidence

discussed above, it is clear that workman is illegally denied

regularisation after his interview. Junior candidates having

less working days have been appointed therefore

termination of workman is illegal. Evidence of

management’s witness is silent how retrenchment

compensation Rs.2160/- was calculated. The termination

notice was not issued to workman, seniority list of daily

wage employees was not displayed on notice board

therefore termination of workman is illegal for violation of

Section 25-F,G,H of ID Act. For above reasons, I record my

finding in Point No.1 in Negative.

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

workman has illegally denied regularisation after his

interview, his services are terminated illegally. Question

arises whether workman is entitled for reinstatement with

backwages. Workman in his cross says he is working as

labour after termination from service. Therefore backwages

cannot be allowed to the workman. For illegal denial of

regularisation and termination of his services in violation

of Section 25-F,G,H of ID Act. Workman is entitled for

reinstatement without backwages. Accordingly I record

my finding in Point No.2.

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

(1)

The action of the management of Assistant General

Manager, State Bank of India, Bhopal in terminating

the services of Shri Roopnarayan shivhare w.e.f.

11-12-98 and not regularizing him even after

completing more than 240 days in a calendar year is

not proper and legal.

(2)

2nd party management is directed to reinstate

workman but without backwages.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 29 vDrwcj] 2015

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Fkk1

[la- ,y&41012@22@94&vkbZvkj ¼ch&1½]

lqefr ldykuh] vuqHkkx vf/kdkjh

New Delhi, the 29th October, 2015

S.O. 2111.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 106/

95) of the Cent.Govt.Indus.Tribunal-cum-Labour Court,

Jabalpur as shown in the Annexure, in the industrial dispute

between the management of Central Railway and their

workmen, received by the Central Government on

29/10/2015.

[ No. L-41012/22/94-IR(B-1) ]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL CUM LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/106/95

Shri Ambika Prasad,

Behind Raja Kothi,

Rajendra Nagar,

Street No.12, P.O Jawahar Nagar,

Satna (MP)

...Workman

Versus

Divisional Railway Manager,

Central Railway,

Jabalpur

...Management

AWARD

Passed on this 12th day of October, 2015

1. As per letter dated 1-6-95 by the Government of India,

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

The reference is made to this Tribunal under Section -10

of I.D.Act, 1947 as per Notification No.L-41012/22/94-IR(B-

I). The dispute under reference relates to:

“Whether the action of the management of Divisional

Railway Manager, Central Railway, Jabalpur in removing

Shri Ambika Prasad, S/o Shri Harihar Prasad, Ex-Cleaner

boy, T.No. 824, Loco Satna from service vide order dated

25-5-88 is legal and proper? If not, to what relief the

workman is entitled for?”

2. After receiving reference, notices were issued to the

parties. Ist party workman submitted statement of claim at

Page 3/1 to 3/5. Case of Ist party workman is he was working

as cleaner by holding T.No.224 of Central Railway, Loco

Satna with 2nd party No.3. He was appointed on post on

23-1-79. He was working till his removal from service on

25-5-85 for period of six years. Workman further submits

that on false allegation of theft of 6 machine oil which was

kept at Store room of cleaning boy, Satna. Chargesheet

was issued to him on 20-10-84 by 2nd party No.3. He was

removed from service as per order dated 25-5-85 without

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4329

conducting legal enquiry. That he was not allowed proper

opportunity. Natural justice was not followed in the case.

Showcause notice before removal from service was not

issued. His removal from service is illegal. Though the

charges against him pertain to theft, no report was

submitted to police. Any complaint to police was not

produced before enquiry committee. No theft of oil kept in

oil room was committed. That workman was framed for

baseless charges of theft of oil. Workman reiterates that

his removal from service is illegal. The appeal preferred

by workman challenging order of removal was rejected

on 15-7-91. His application for deciding case through PNM

was not considered. Workman therefore approached ALC,

Jabalpur. Failure report was submitted. The charges of

theft alleged against him are false. That he is deemed to

be in service of 2nd party. Workman prays for his

reinstatement with backwages.

3. 2nd party filed Written Statement at page 8/1 to 8/3

opposing claim of the workman. 2nd party raised preliminary

objection that Ist party workman was found in possession

of 6.3 litre machine oil in Jerry Cane. Chargesheet was

issued under Rule 9 of Railway Servant Rules on 20-10-84.

Workman represented that he was not desiring to file

anything in writing. Enquiry Officer was appointed.

Workman was represented by Shri S.N.Khare, enquiry was

conducted as per rules. As per findings of Enquiry Officer,

charges against workman were proved. Punishment of

removal from service was imposed. The appeal preferred

by workman was rejected. Workman was removed form

service holding regular enquiry as per the rules.

Reasonable opportunity was given for his defence. Charge

of attempted theft proved against workman is of serious

nature. Removal of workman is illegal.

4. 2nd party denies that enquiry against workman was

conducted in violation of the rules. It is reiterated that the

removal of workman is after the findings of Enquiry Officer,

the charges were proved. The workman had not explained

possession of 6.3 litres of machine oil. 2nd party prays that

claim of workman cannot be accepted.

5. As per order dated 14-5-2012, enquiry conducted

against workman was found proper and legal.

6. Considering findings on enquiry and pleadings on

record, the points which arise for my consideration and

determination are as under. My findings are recorded

against each of them for the reasons as below:-

(i) Whether the charges alleged

In Affirmative

against workman is proved

from evidence in Enquiry

proceedings?

(ii) Whether the punishment of

In Affirmative

dismissal imposed against

workman is proper and legal?

(iii) If not, what relief the workman

Workman is not

is entitled to?”

entitled to any

relief.

REASONS

7.

In view of finding that enquiry conducted against

workman is found legal, whether charges alleged against

workman are proved needs to be decided on the basis of

evidence in Enquiry Proceedings.

8.

The record of enquiry is produced. The charge

against workman is on 11-7-84, before information was

received that with dishonest intention, machine oil was

kept in room of oil boy. On such Ist party was found sitting

in front of room having its key. 6.3 litre machine oil was

found in jerry cane. Workman had failed to explain in

possession. Machine oil was found kept with dishonest

intention. The statement of workman was recorded. he

denied charges against him. In reply to Q.10, workman

admits on 11-7-84, he had gone to Basant Kumar for taking

drain tube oil. He had taken issue ticket with him. In reply

to Q.13, workman admits that Basant Kumar told him

whether he would take oil with him. That he had not seen

drain tube oil opening its cork. He says that he was

knowing there was drain oil in the jerry cane. He came to

know that machine oil was in jerry cane when he opened

cork. He says that he was knowing there was drain oil in

the jerry cane. He came to know that machine oil was in

jerry cane when he opened cork. Workman did not tilt at

the time of opening the cork. He did not complaint about

the statement recorded by Mr. Sharma. That he had not

taken machine oil with dishonest intention.

9.

Management’s witness Krishna Pal Singh in his

statement says on 11-7-84, after receiving information that

machine oil was dishonestly kept, he along with others

went to the cabin of Ambika Prasad. Workman was sitting

in front of room. After opening lock, 6.3 litre machine oil

was found in room where it should not have been kept.

Similar evidence is given by management’s witness

Ramnarayan Sharma, B.P.Prasad, J.P.Soni. Management’s

witness J.P.Soni in his statement says when workman was

asked about jerry cane, he told that store Khalasi Basant

had given oil in jerry cane to him telling him to keep in

room. The machine oil was checked in his presence.

Workman did not explain how machine oil was received

by him in jeery cane. As per statement of Shri J.P.Soni,

workman was knowing that store khalasi Basant had

handed over oil to him. All witnesses of management

deposed that workman received oil dishonestly in collision

with Basant Kumar. The witnesses of management were

cross-examined in detail. That the witnesses of management

re-affirmed that workman had dishonestly received

machine oil from Basant Kumar. Workman denies

dishonest intention in receiving the oil. Evidence about

4330

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

dishonest intention needs to be considered from the

surrounding circumstances. The intention is always in mind

of the culprit. No cogent evidence about dishonest

intention can be accepted. Scope of judicial review is

limited, the evidence cannot be re-appreciated . The

findings of Enquiry Officer are supported by evidence of

management’s witness. When machine oil was kept in jerry

cane, room was locked and workman was sitting with key

in front of room. The finding of Enquiry Officer cannot be

said perverse, no interference is called for in findings of

Enquiry Officer. The charges alleged against workman are

proved from evidence in Enquiry Proceedings. For above

reasons, I record my finding in Point No.1 in Affirmative.

10.

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

charges of attempt to commit theft of machine oil is proved

against workman, question remains for consideration is

whether the punishment of removal from service is

excessive or disproportionate to the proved misconduct.

Attempt to commit theft of 6.3 litre machine oil is a serious

misconduct. Railway employee is expected to work

honestly. The punishment of removal from service cannot

be said excessive of disproportionate to the proved

misconduct. For above reasons, I record my finding in

Point No.2 in Affirmative.

11.

In the result, award is passed as under:-

(1)

The action of the management of Divisional Railway

Manager, Central Railway, Jabalpur in removing Shri

Ambika Prasad, S/o Shri Harihar Prasad from service

vide order dated 25-5-88 is legal and proper.

(2)

Workman is not entitled to any relief.

R.B. PATLE, Presiding Officer

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New Delhi, the 29th October, 2015

S.O. 2112.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref.26/03) of

the Cent.Govt.Indus.Tribunal-cum-Labour Court,

Jabalpur as shown in the Annexure, in the industrial

dispute between the management of State Bank of India

and their workmen, received by the Central Government

on 29/10/2015.

[No. L-12012/221/2002–IR(B-1) ]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL CUM LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/26/03

General Secretary,

Daily Wages Bank

Employees Association,

Hardev Niwas, 9,

Sanwer Road, Ujjain

...Workman/Union

Versus

Asstt. General Manager,

State Bank of India,

Zonal Office, Hamidia road,

Bhopal (MP)

...Management

A W A R D

Passed on this 28th day of September, 2015

1. As per letter dated 26-31/12/02 by the Government of

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

received. The reference is made to this Tribunal under

Section -10 of I.D.Act, 1947 as per Notification No.L-12012/

221/2002-IR(B-I). The dispute under reference relates to:

“Whether the action of the management of Asstt.

General Manager, State Bank of India, Bhopal in not

regularizing Shri Mahesh Babarkar and not paying

bonus to him is justified? If not, what relief the

workman is entitled for?”

2. After receiving reference, notices were issued to the

parties. Workman submitted statement of claim at Page 3/

1 to 3/6. Case of workman is that his father Chandrashekhar

Babakar had taken VRS on 31-12-97. His father was working

in Imperial bank as peon since 1950. On account of his

health, he had requested transfer to Indore, GPO branch

of State Bank. His father was promoted to the post of

Nayak on 14-4-82. On completion of 58 years age, his father

was informed by the Bank if he desires extension of 2

years, he should produce documents about his fitness. In

reply to letter dated 1-7-87, his father informed that he was

not keeping good health, he was not desiring extension of

2 years. He submitted letter dated 24-9-83 for VRS, the

request for appointment on compassionate ground of Ist

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4331

party was not possible he was informed by the bank as

per letter dated 21-1-88. Ist party Mahesh Babarkar was

engaged on daily wages as messenger in GPO branch

Indore from 2-5-90. He was working with devotion. There

was no grievance about his working. His wages were paid

by voucher from petty cash. Secretary of State bank

pensioners Association had written letter dated 22-6-93

that the application for compassionate ground could not

be sent to Central office, Mumbai. Workman further submits

that he worked for 60 days in 1991, 33 +3days in 1992, 22

days in 1993, 23 days in 1994, 30 + 4 days in 1995, 34 days

in 2001.

3. The Bipartite agreements were entered between Staff

Federation and the management.27-10-88, employees

working part time as messenger, Farrash, sweeper were

considered eligible for regular absorption. If he worked

for 30 days during the period 1-7-75 to 31-7-88, workman

raised dispute before ALC, Bhopal. Workman further

submits that in reply submitted before ALC, management

had shown working days in different branches. During

pendency of conciliation proceeding, his services were

terminated without notice, without paying retrenchment

compensation on 30-5-2001 in violation of Section 33 of

ID Act. During conciliation proceeding, he was paid bonus

Rs.100 by cheque on 8-8-01. On failure of conciliation,

report of failure was submitted to the Secretary, Labour

Ministry. Workman reiterates that he was continuously

working. He was covered as employee under section 25 B

of ID Act. His services are terminated in violation of Section

25-F of ID Act. Seniority list of daily wage employees was

not displayed on notice board. Policy of last come first go

was not followed. Before terminating his services, he was

not paid retrenchment compensation. He was not provided

re-employment. Workman submits termination of his

service is illegal. On such ground workman prays for

reinstatement with consequential benefits.

4. 2nd party filed objection that shri Ram Nagwanshi

was in employment of State Bank of Indore. His services

were terminated after enquiry. He is not employee of State

Bank of Indore, he is not competent to represent the

employees.

5. 2nd party filed written Statement at Page 8/1 to 8/18

opposing claim of workman raising objection to

representation of Ist party workman by Shri Ram

Nagwanshi. As per 2nd party, Ist party workman was

engaged on daily wages in main branch. Indore and MG

Road, branch Indore for 6 days in 91-92, 19 days in 92-93,

31 days in 1995. In MG road branch, he worked for 75

days in 1995. The engagement of workman was as per

exigencies. Workman had not completed 240 days

continuous service during any of the year. He was engaged

on contract basis. Engagement of workman on daily

wages, he was not bound to attend work on next day.

Termination of his service cannot be said retrenchment.

His discontinuation is covered under section 2(oo)(bb) of

ID Act. As workman not continuously worked for 240 days

during any of the year workman is not entitled to protection

under Section 25-F of ID Act. Settlements were entered

between Staff Federation and management on 17-11-87,

16-7-88, 27-10-88, 9-1-99 were applicable to part time

employees working till 31-7-88. Said period was extended

till 14-8-91. For regularization of services, public notice

was issued inviting application from eligible candidates.

Workman was not fulfilling the conditions as per bipartite

settlement therefore his services could not be regularized.

Father of workman had taken VRs after 58 years as he was

not fulfilling conditions, he was not given extension of 2

years service.

6. 2nd party denies that workman was appointed as

messenger on 2-5-90. Ist party workman worked for 56

days during 1991 to 1995 in main branch and thereafter 75

days in MG Road Branch. Workman was paid wages for

the working days. The candidates found eligible were

given appointment. After 1995, workman was not engaged

by the Bank. Workman had not completed 240 days

continuous service. Violation of Section 25-F is denied. It

is reiterated that discontinuation of workman engaged on

daily wages is covered under section 2(oo)(bb) of ID Act.

2nd party has not violated Section 33 of ID Act. Workman

is not entitled to any reliefs.

7. Ist party workman filed rejoinder at Page 11/1 to 11/2

reiterating his contentions in statement of claim.

8. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:-

(i)

Whether the action of the

In Affirmative management of Asstt.

General Manager, State Bank of

India, Bhopal in not regularizing

Shri Mahesh Babarkar and not

paying bonus to him is justified?

(ii) If not, what relief the workman

Workman is

is entitled to?”

not entitled

to any relief.

REASONS

9. Terms of reference pertains to denial of regularization

to workman and not paying bonus. The terms of reference

does not pertain to legality of termination of workman or

4332

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

compassionate appointment. Workman not filed affidavit

of his evidence. His evidence was closed on 3-6-2010.

Workman had filed his affidavit dated 29-3-06 but he did

not appear for his cross-examination therefore his evidence

cannot be considered. Documents produced by workman

Exhibit W-1 shows that his father was appointed as Nayak

on 14-4-1982 on six months probation. Exhibit W-2 father

of workman was informed if he desire extension of two

years, he should produce certificate. Exhibit W-3 father of

workman informed Bank that he was not willing to have

further 2 years extension. Exhibit W-4 is circular issued by

the Bank dated 11-11-1982 regarding compassionate

employment of employees taking VRS on medical ground.

The benefit was restricted to the son or widow of the

employee. Exhibit W-5 is application submitted by father

of workman for VRs. Exhibit W-6 is letter given by branch

Manager dated 20-8-85 that father of workman had

completed 55 years service. Compassionate employment

to his son was not possible. Exhibit W-7 is letter given by

Branch Manager to workman that as per rules, his

appointment on compassionate ground was not possible.

Document Exhibit W-8 shows Ist party workman was paid

wages Rs. 375/- on 7-4-95. Exhibit W-9 is notice inviting

applications from eligible candidates working during

1-7-75 to 31-7-88 for 30 days, 70 days etc. Exhibit W-10 is

reply submitted before ALC opposing claim of workman.

It was made clear that in 1992-93, workman worked for 99

days, in 1995-96 for 91 days, in 1995 he worked for 75 days

in MG Road Branch. Exhibit W-11 workman was paid

retrenchment compensation Rs. 3600/- on 11-12-95. Said

document also shows that workman was paid

retrenchment compensation and one months pay.

Document Exhibit W-11 to W-15 are documents about

payment of retrenchment compensation and one months

pay to Shri Shyam Sundar and others. Those documents

are related to payment of notice or retrenchment

compensation to other persons does not advance claim of

workman for his appointment on compassionate ground.

Exhibit W-16 is letter given by Asstt. General Manager.

Appointment given to temporary employees as per letter

circular of the Bank. Exhibit W-7 is copy of instruction

issued by the Bank dated 12-12-02. Copies of settlements

are produced by management at Exhibit M-1 to M-5. Exhibit

M-1 provides- “Temporary employees completed 240 days

temporary service during 1-7-75 – 270 days service in

block of 36 calendar months after 1-7-75, the employees

who have completed a minimum of 30 days temporary

service in any calendar year after 1-7-75 or a minimum of

70 days aggregate temporary service in any continuous

block of 36 calendar months after 1-7-75 , temporary service

of 270 days, 240 days, 70 days or 30 days should have

been put in by a temporary employee as on 31-7-88. Said

period was extended till 14-8-91. Workman has not adduced

evidence about his working days during above said period,

the claim of workman for appointment on compassionate

ground is not established. Copy of select list is produced

by management at Exhibit M-6. Last candidates appointed

had completed 87 days working.

10. Management’s witness Smt.Nirupa Joshi in her

affidavit of evidence has stated that workman worked for

6 days in 1991-92, 19 days in 1992-93, 31 days in 1995 and

in MG Road branch for 75 days in 1995. Workman had not

completed 240 days continuous service during any of the

period. He is not covered as workman under Section 25 B

of ID Act. In her cross-examination, management’s witness

says in 1990 to 2001, she was not posted at GPO MG Road

Branch. Workman was engaged on compassionate ground

as his father was ill. He was engaged on daily wages.

Selection process was not followed. Permission of

Controlling Authority was not taken before engaging

workman. Appointment letter was not issued to him. Wages

were paid by petty cash. She did not work in GPO, MG

Road branch. She admits that workman worked in both

branches. Workman was not paid retrenchment

compensation, he was not paid bonus. Notice of

termination was not given to him. If whole evidence is

considered, it is clear that workman had not worked in the

Bank prior to 14-8-91 therefore his claim for compassionate

appointment cannot be accepted.

11. Learned counsel for 2nd party Shri V.P.Khare relies on

ratio held in

Case of State of Karnataka and others versus Shri

M.L.Kesari and others reported in 2010(9)SCC-247.

Their Lordship held appointment of qualified persons

made against sanctioned posts without following

process of open competition are irregular

appointments. Only irregular appointees are entitled

to regularization in terms of Para 53 of Umadevi case.

As workman has not adduced any evidence about

working days prior to 14-8-91 claim of workman for

regulrisation cannot be upheld. For above reasons, I record

my finding in Point No.1 in Affirmative.

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

(1) The action of the management of Asstt. General

Manager, State Bank of India, Bhopal in not regularizing

Shri Mahesh Babarkar and not paying bonus to him is

proper and legal.

(2) Workman is not entitled to any relief.

R. B. PATLE, Presiding Officer

¹Hkkx IIó[k.M 3(ii)º

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4333

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dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 29@10@2015 dks izkIr

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¹la- ,y&12012@46@96&vkbZvkj (ch&I)º

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New Delhi, the 29th October, 2015

S.O. 2113.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref.101/97) of

the Central Government Industrial Tribunal-cum-Labour

Court, Jabalpur as shown in the Annexure in the Industrial

Dispute between the management of State Bank of Indore

and their workmen, which was received by the Central

Government on 29/10/2015.

[No. L-12012/46/96-IR (B-I)]

SUMATI SAKLAN, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/101/97

Shri Mohan Singh Yadav,

55, Biharganj, Agra Bombay Road,

Dewas (MP)

...Workman

Versus

Regional Manager-III,

State Bank of Indore,

Zonal Office, Jiya Chambers,

Kanchan Bagh, Indore

..Management

AWARD

Passed on this 15th day of September, 2015

1. As per letter dated 25-3-97 by the Government of

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

received. The reference is made to this Tribunal under

Section 10 of I.D.Act, 1947 as per Notification No.L-12012/

46/96-IR(B-I). The dispute under reference relates to:

“Whether the action of the management of State

Bank of Indore in terminating the services of Shri

Mohan Singh Yadav w.e.f. 1-6-94 is justified? If not,

to what relief the workman is entitled?”

2.

After receiving reference, notices were issued to

the parties. Ist party workman submitted statement of claim

at Pages 3/1 to 3/3. Case of workman is that he was in

continuous service of 2nd party State Bank of Indore,

BNP Dewas branch from 17-8-93 to 1-6-94. That his services

were illegally terminated. That he was continuously

working with 2nd party for 289 days from 17-8-93 to 5-6-94.

The details of his working days and payments are given in

Para 3 of his statement of claim. That he was not paid

wages for 49 days by 2nd party. The Bank extracted all

work of peon during period of his service. Branch

representative shows wages paid to him as labour charges

only to deny absorption in Bank service. Workman was

denied wages for holidays, Sundays. He was not allowed

to mark his attendance in the register. Management

indulged in unfair labour practice. He was doing work of

perennial nature in the Bank. His services were terminated

without assigning any reason. It is submitted that workman

was enjoying status of permanent employee. That he claims

immediate reinstatement with full backwages. Workman

had submitted representations vide letter dated 11-6-94

requesting reinstatement. The copy of said letter was

addressed to Regional Manager. Letter dated 20-7-94 was

also submitted to Managing Director without any reasons.

Workman prays for reinstatement with backwages.

3.

2nd party management filed Written Statement at

Pages 7/1 to 7/3 opposing claim of workman. 2nd party

denied that workman was appointed in subordinate cadre

in bank at Bank Note Press branch, Dewas. It is contented

that workman was engaged in BNP branch Dewas as casual

labour on different dates as per requirement. Workman

was paid for period of his employment, the details shown

in R-I submitted along with Written Statement. Workman

was engaged only for 192 days on different dates as casual

labour. Workman was not continuously working more than

240 days. 2nd party denies that Bank restricted service of

peon from him and paid labour charges to the workman. It

is reiterated that workman was engaged as casual labour.

2nd party denies that workman was not paid for holidays

and denied to mark his attendance. The allegations of

unfair labour practice are denied by 2nd party. It is reiterated

that workman was engaged as casual labour. He not

completed 240 days continuous service. Claim of workman

be rejected.

4. Workman filed rejoinder at Pages 3/1 to 3/2 reiterating

its contentions in statement of claim.

5. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:-

"(i) Whether the action of the manage-

In Negative

ment of State Bank of Indore in

terminating the services of

Shri Mohan Singh Yadav w.e.f.

1-6-94 is justified?

4334

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

(ii) If not, what relief the workman is

As per final

entitled to?”

orders.

REASONS

6.

Workman is challenging termination of his service

for violation of provisions of ID Act. Workman filed

affidavit of his evidence. Workman in his affidavit says he

was working in State Bank of Indore from 4-6-83 to 17-8-83

for 75 days. Certificate of his working was issued to him.

Again he was engaged in said Bank from 17-8-93 to 1-6-94

for 289 days as peon. He was discontinued from 1-6-94 for

289 days as peon. He was discontinued from 1-6-94. In his

cross-examination, workman says his age was 45 years.

For permanent staff, 15-20 was working in the branch. He

was engaged on daily wages. He was not paid wages at

Collector rate. Initially he was paid Rs.25/- per day. It was

increased to Rs.30/- per day. Permanent staff was paid as

per the bipartite settlement. He submitted application in

Bank for permanent post. In his cross-examination, there

is no denial that Ist party workman was not working for

75 days in 1983 and 289 days prior to termination of his

service.

7.

Management’s witness Shri Saxena in her affidavit

of evidence says workman was engaged in BNP Dewas

branch from 17-8-93 to 27-4-94 for 192 days. Workman had

not worked for 240 days. He denied that service of peon

was extracted from workman and labour charges were paid

to him. Casual labour is engaged on day to day need basis.

There is no question of payment of holidays. There was

no question of issuing appointment letter. In her cross-

examination, witness admitted R-I, it is marked Exhibit M-

1. Said document shows working days of workman on

which document, Exhibit M-1 was prepared is not explained

by management’s witness. In her further cross,

management witness says the documents are available in

branch. As she was not asked for documents, the

documents were not produced. The work for which

workman was engaged, other employees were doing similar

work. The list of casual employees was not prepared. Before

discontinuing service of workman, it was not verified casual

labours engaged in the Bank. Management’s witness was

unable to tell reasons for termination of services of

workman. She denies that the material witness is not

examined in the case as he may support claim of workman.

Workman was not paid bonus. She works as Manager HR.

She denies that to protect interest of Bank, her affidavit is

produced. Though management’s witness admits that the

documents relating to workman are available in the branch,

those documents are not produced. There is no denial in

cross-examination of workman that he not completed

240 days continuous service. The termination of service

of workman without notice, not paying retrenchment

compensation, not displaying seniority list is in violation

of Section 25-F, G of ID Act. Therefore I record my finding

in Point No.1 in Negative.

8.

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

services of workman are terminated illegally, question

remains for consideration is whether workman is entitled

for reinstatement with backwages.

9.

Learned counsel for workman Shri Gehlod during

his submissions referred to ratio held in case of 2007-1-

SCC-588, 1996-2-LLN-436, 2003-LIC-866 but any of the

citations are not made available.

10.

Learned counsel for 2nd party Shri V.P.Khare submits

that workman on daily wages cannot be reinstated. In

support of his argument, learned counsel relies on ratio

held in.

Case of Nand Kumar versus State of Bihar reported

in 2014(5) SCC 300. Their Lordship dealing with

services of casual labour daily wager held daily wager

are not appointees in strict sense of term

appointment, they donot hold post. Status and rights

of daily wagers of a Government concern are not

equivalent to that of Government Servant and claims

of daily wager would be adjudged differently.

Next reliance is placed in ratio held in case of

Allahabad Bank versus Shri Prem Singh reported in

1996(II) BC 387(SC). Their Lordship held that status

of daily wager stood terminated at the end of each

day. This being so the decision of the Tribunal in

holding that the respondent shall be deemed to have

continued in service from 16-6-77 and would also be

entitled to usual pay and allowances is clearly

untenable. The respondent could not insist on his

being continued to be employed and the appellant

was under no legal obligation to employ him.

Workman engaged on daily wages cannot be

reinstated in service as services of workman are terminated

without notice, no retrenchment compensation is paid and

workman hardly worked only for 289 days, compensation

Rs. 25,000/- would be appropriate. Accordingly I record

my finding in Point No.2.

11.

In the result, award is passed as under:-

(1)

The action of the management of State Bank of Indore

in terminating the services of Shri Mohan Singh

Yadav w.e.f. 1-6-94 is not proper and legal.

(2)

2nd party is directed to pay compensation Rs. 25,000

to the workman.

Amount as per above order shall be paid to workman

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

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

from the date of award till its realization.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 29 vDrwcj] 2015

dk-vk- 2114-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj Hkkjrh; LVsV

¹Hkkx IIó[k.M 3(ii)º

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4335

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vfèkdj.k] Je U;k;ky;] tcyiqj ds iapkV (lanHkZ la[;k

144@2002) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks

29@10@2015 dks izkIr gqvk FkkA

¹la- ,y&12012@451@2001&vkbZvkj (ch&I)º

lqefr ldykuh] vuqHkkx vf/dkjh

New Delhi, the 29th October, 2015

S.O. 2114.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref.144/2002)

of the Central Government Industrial Tribunal-cum-Labour

Court, Jabalpur as shown in the Annexure in the Industrial

Dispute between the management of State Bank of India

and their workmen, which was received by the Central

Government on 29/10/2015.

[No. L-12012/451/2001-IR (B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/144/2002

General Secretary,

Daily Wages Bank Employees Association,

Hardev Niwas, 9,

Sanwer Road, Ujjain

...Workman/Union

Versus

Asstt. General Manager,

State Bank of India,

Zonal Office, Hamidia road,

Bhopal (MP)

...Management

AWARD

Passed on this 16th day of September, 2015

1. As per letter dated 18-10-02 by the Government of

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

received. The reference is made to this Tribunal under

Section -10 of I.D. Act, 1947 as per Notification No. L-12012/

451/2001-IR(B-I). The dispute under reference relates to:

“Whether the action of the management of Assistant

General Manager, State Bank of India, Bhopal in

terminating the services of Shri Harishankar Saxena

w.e.f. 11-12-98 instead of regularizing him is justified?

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

2.

After receiving reference, notices were issued to

the parties. Workman submitted statement of claim through

daily wage Bank Employees Union at Page 2/1 to 2/8. Case

of Ist party is that workman Shri Harishankar Saxena

worked for 93 days as messenger in 1983, certificate of

working days was issued. During the period 9-5-83 to

9-8-83, he worked for 93 days as messenger. The certificate

of working days was issued. The workman was called for

interview on 27-4-85 for absorption as regular employee.

He was interviewed on that day. As per settlement dated

17-11-87, temporary employees working more than 30 days

during 1-1-1975 to 31-7-88 are eligible for appointment as

regular employee. That he had worked for 158 days.

Workman was called for interview on 22-9-89. After

interview on 22-9-89, he was engaged. He was working as

messenger from 5-2-97. In March 97, for working on

computer in night, he was assigned duty, he was paid Rs.

1000/- for it. His services were terminated on 11-12-98.

Cheque of Rs. 2160/- was given to him towards

compensation. On 8-8-01, he was paid bonus Rs. 1503/-.

During 1997-98, he worked for 429 days. That other

temporary employees Santosh Mishra, Rajkumar Rai,

Sanjay Babulkar, Vinodmangal Singh, Rajkumar Mitai, Raju

Solanki, Manoj Ingle were appointed having less working

days than him. He continuously worked 300 days during

5-1-97 to 11-12-98. His services are terminated illegally.

2nd party has violated settlement dated 17-11-89. The act

of management is punishable under section 29 of ID Act.

On such grounds, workman prays for his reinstatement

with backwages.

3.

2nd party filed Written Statement opposing claim of

workman. Case of 2nd party is Shri Ram Nagwanshi is not

competent to raise dispute as his services were terminated

from SB of Indore. He has no authority to represent

workman. Workman was engaged on daily wages on

contract basis for 93 days during the period 1-1-1983 to

31-12-1983, 429 days in 1997-98. Workman was not

continuously working. Management paid wages for the

period of engagement. Workman had not completed 240

days continuous service during any of the year. As per

ratio held in case of Secretary of State of Karnataka versus

Umadevi and others, workman is not entitled to

reinstatement. Workman was not selected after his

interview. It is denied that workman was continuously

working. As working days of workman were less than other

temporary employees, he was not appointed. Workman

was paid bonus Rs. 1503/-. As per settlement, candidates

apply for absorption in response to the advertisement

after interview were waitlisted in Category-A,B,C

considering length of aggregate temporary service. As

per settlement, permanent appointment was given against

vacancies. Candidates whose turn could not come till

31-3-97 , the wait list would be lapsed. 2nd party submits

that workman was not entitled for reinstatement.

4. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:-

4336

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

(i)

Whether the action of the manage-

In Negative

ment of Assistant General Manager,

State Bank of India, Bhopal in termi-

nating the services of Shri Harishankar

Saxena w.e.f. 11-12-98 instead of

regularizing him is justified?

(ii) If not, what relief the workman is

As per final

entitled to?”

order.

REASONS

5.

Workman has not adduced his evidence to

substantiate his claim. Evidence of workman was closed

on 21-3-2011 as his representative submitted not to adduce

evidence of workman.

6.

Management filed affidavit of evidence of witness

Shri Yogesh Vijaywarge shown 93 days working days of

workman during May 83 to August 83. 429 working days

of workman during 1997-98. That workman had not

completed 240 days continuous service. Workman was

paid compensation Rs. 2160/-.

7.

Management’s witness in his cross examination says

he was not working in MG Road branch in 1983. Any

selection process was not followed before engaging

workman. Permission of Controlling Authority was not

taken. Appointment letter was not given to workman.

Attendance register was not maintained. During 1997-98,

workman was allowed to work as per settlement. Public

notice exhibit W-1 is admitted by management’s witness.

Management’s witness denies that workman was

interviewed in 1989. His name was not included in select

list. He claims ignorance at what rate workman was paid

wages. Documents regarding payment of compensation

is not produced. Management’s witness was unable to

tell working days of workman during the year. He was

unable to tell whether workman was paid bonus.

Retrenchment notice was not issued. List of daily wage

employees was not displayed. The details of working

days of workman is not produced in the case. Name of

contractor is not known to him. 2nd party has not produced

select list. Working days of workman are shown 93 in

Exhibit W-2 in 1983. Interview call Exhibit W-3 is admitted

by 2nd party. Evidence of management’s witness is

contrary to said admitted documents. As per Exhibit w-4,

list of empanelled employees in subordinate cadre

enclosed. However said list is not produced on record. As

per Exhibit w-5, workman was interviewed in 1989.

Therefore he was not called for interview in 1997. Exhibit

W-6 reply filed before ALC clearly shows 93 working days

of Ist party workman prior to 14-8-91. He was interviewed

in 1989. Select list of 1989 is not produced on record. Exhibit

M-1 is not in dispute between parties. The said settlement

provides- employees completed 240 days temporary

service during 1-7-75 – 270 days service in block of 36

calendar months after 1-7-75, the employees who have

completed a minimum of 30 days temporary service in any

calendar year after 1-7-75 or a minimum of 70 days

aggregate temporary service in any continuous block of

36 calendar months after 1-7-75 are given chance for

permanent appointment in Bank service is likely to arise

during 1987 to 1991. Other documents at Exhibit M-2 to

M-5 are not in dispute. From documents discussed above,

it is clear about working days of workman, he was also

called for interview, select list is not produced by 2nd

party shows that management has withhold material

documents. If those documents would have produced,

certainly would have supported claim of workman.

Workman has illegally denied regularization after his

interview in 1989. Reasons for termination are not shown.

Seniority list of temporary employees was not displayed.

Termination of workman is therefore in violation of Section

25-F,G of ID Act. For above reasons, I record my finding in

Point No.1 in Negative.

8.

Point No.2- Termination of workman is illegal as per

my finding in Point No.1. he was denied regularization

after his interview in 1989,select list of 1989 is not produced.

The question whether workman is entitled for reinstatement

with backwages. Workman has not examined himself in

support of his claim, therefore his claim for backwages

cannot be allowed. Workman is entitled to reinstatement

without backwages. Accordingly I record my finding in

Point No.2.

9.

In the result, award is passed as under:-

(1)

The action of the management of Assistant General

Manager, State Bank of India, Bhopal in terminating

the services of Shri Harishankar Saxena w.e.f.

11-12-98 instead of regularizing him is not proper

and legal.

(2)

2nd party is directed to reinstate workman but

without backwages.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 29 vDrwcj] 2015

dk-vk- 2115-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ LVSaMMZ

eds±Vkby daiuh ds izcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa

ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa vkS|ksfxd vfèkdj.k

,oa Je U;k;ky;] iVuk ds iapkV ¹lanHkZ la[;k 05(lh)@2010º

dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 23-10-2015 dks izkIr

gqvk FkkA

¹la- ,y&29011@8@2010&vkbZvkj (,e)º

uohu diwj] voj lfpo

New Delhi, the 29th October, 2015

S.O. 2115.—In pursuance of Section 17 of the

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

Government hereby publishes the Award [Ref. No. 05(C)/2010]

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4337

of the Industrial Tribunal/Labour Court, Patna now as

shown in the Annexure in the Industrial Dispute between

the employers in relation to the management of M/s.

Standard Mercantile Company and their workman, which

was received by the Central Government on 23-10-2015.

[No. L-29011/8/2010-IR(M)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

BEFORE THE PRESIDING OFFICER, INDUSTRIAL

TRIBUNAL, PATNA

Reference Case No.:- 05 (C) of 2010

Between :

M/S Standard Mercantile Company,

23-A, Netaji Subash Marg, 2nd Floor,

Room No. 2, Kolkata-1

and

Their workman represented by

The General Secretary,

Mangalhat Khadan Mazdoor Sangh,

Rajmahal, Distt. Sahibganj.

For the management

:

Sri Alok Kumar Sinha,

Advocate

Sri Rakesh Kumar Tiwary,

Advocate

For the workman

:

Sri Sunil Kumar Singh,

(Vice- President of Mangalhat

Khadan Mazdoor Sangh,

Rajmahal )

Present :

Bipin Dutta Pathak, Presiding Officer,

Industrial Tribunal, Patna.

AWARD

Patna, the 12th August, 2014.

By notification order No.- L-29011/8/2010-IR(M) New

Delhi, dated- 10.08.2010 Govt. of India, Bharat Sarkar

Ministry of Labour/Shram Mantralaya, New Delhi referred

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

section-10 of the Industrial Dispute Act, 1947 ( hereinafter

to be referred to as ‘the Act’ ) the following dispute between

M/s. Standard Mercantile Company, 23-A, Nteaji Subash

Marg, 2nd Floor, Room No. 2, Kolkata-1 and Their workman

represented by The General Secretary, Mangal Hat Khadan

Mazdoor Sangh, Rajmahal, Distt. Sahibganj. for

adjudication to the Industrial Tribunal, Patna.

SCHEDULE

“Whether the declaration of the lockout w.e.f

8/1/2010 by the management of Standard Marcantile

Company (Mining Division) Private Limited,

Rajmahal, Distt. Sahibganj (Jharkhand) is legal and

justified? What relief the workman are entitled to

and from which date?”

2.

Statement of claim on behalf of the workman has

been filed on 23.11.2010 stating therein that declaration of

the lock-out w.e.f 06.01.2010 by the management vide its

notice dated- 05.01.2010 is totally unwarranted and illegal

and this is deliberate malicious act of the management to

avoid financial liability imposed on the management of all

claim cases of arrear amounting to Rs. 9,60,000/- (Rs. Nine

Lakhs Sixty Thousand) only and workman compensation

amounting of Rs. 2,27,000/- ( Rs. Two Lakhs Twenty Seven

Thousand) only. Management by declaring the illegal lock-

out tried to avoid and delay the payment of compensation

of lock out of the handicapped workman Majid Sheik who

became handicapped in an accident during his duty in

which he had fallen in the mining. The Dy. Labour

Commissioner, Dumka had directed the management to

pay compensation to the said workman. Lock-out was

declared so that workman be involved in another problem

for struggling liveliwood. With a view of oppress the

genuine claim of the workman and management lodged

sbsolutely false criminal case and the workman were

peacefully putting their legal grievances before the

management in legal way. General Secretary of the union

sent several letters to management and concerned

authority of the government. The workmen are entitled to

receive there respective arrears, bonus etc. from the

management.

It appears that petition for amendment in the

statement of claim as also been filed on 17.04.2012 stating

therein that workman are being represented by their union-

Mangal Hat Khadan Mazdoor Sangh, Rajmahal

(Jharkhand). The said union has duly authorised there

Vice-President, Sunil Kumar Singh, to take steps in the

present case on behalf of the workman but the statement

of claim dated-23.11.2010 has been filed by one of the

workman namely Bhikhan Ghosh. The statement of claim

dated-23.11.2010 was verified by Sunil Kumar Singh.

Written statement has been filed on behalf of the

management therein that the terms of reference for

adjudication is—

“Whether the declaration of the lockout w.e.f

8/1/2010 by the management of Standard Marcantile

Company (Mining Division) Private Limited,

Rajmahal, Distt. Sahibganj (Jharkhand) is legal and

justified? What relief the workman are entitled to

and from which date?”

It has stated that reference is not in accordance with

law. Preliminary objection petition has been raised that

the dispute sent for adjudication did not constitute

“Industrial Dispute” as on the date of reference as it lacked

espousal by recognized union of workman or support of

substantial number of workmen, employed with the

4338

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

management. It has not been stated that dispute was raised

by any recognized union. Order of reference is illegal was

not an Industrial Dispute. This tribunal will have no

jurisdiction to entertain and decide the same on merit under

the provisions of the Industrial Dispute Act, 1942. The

statement of claim have not been filed by the recognized

union. There is no authorization in favour of Sri Bhikhan

Ghosh by majority of workmen.

The another objection is that matter of reference is

already covered by a bipartite settlement between the

management and recognized union entered on 27.02.2010

and hence the same can not be subject of an Industrial

Dispute. Persuant to illegal strike of the workman from

03.01.2010, the management had declared lock out from

06.01.2010 which continued till 02.03.2010. During the

period of lock out vast majority of workers approached

the management with a view to resolve the dispute and

after having extensive negotiation and talk all the parties

entered to a bilateral settlement on 27.02.2010. Lock out

was amicably resolved by agreeing that management was

right in enforcing “ no work no pay ” for the period of lock

out but management will pay of Rs. 500/- (Rs. Five

Hundred) only per worker as ex-gratia payment for the

period of lock out and the workmen received the same.

The subject matter of lock out referred by Central

Government is totally illegal. A settlement can not be

ignored. The management had open cast mine of “China

clay and Silica sand” at Rajmahal. But union of the workman

has been recognized namely (a) Rashtriya Quaries Khadan

Mazdoor Sangh, (b) Jharkhand Shramik Sangh and (c)

Mangal Hat Khadan Mazdoor Sangh. In the year-2009-10

there was dispute between the workers and management

over several issued such as rate of payment of bonus for

the year-2008-09 and 2009-10. Payment of arrears due to

increase of minimum wages by 10 times etc. Negotiation

was going on. All these led to a sudden strike by the

workman on 03.01.2010. Sri B.K.Verma, General Manager

cum Commercial Manager held a meeting in his residence

on 04.01.2010 at 10.00 A.M. In the meeting Sri Nivaran

Saha. Permit Mines Manager, Sri D.K.Das, Production

Manager, Sri S. Ghosh, Accountant, Sri Satyawan Mahto,

Head clerk and Sri Mangal Dev Sharma, Peon were present.

All of sudden some of the workers led by Sri Bikhan Ghosh,

and others surrounded the residence of Sri B.K.Verma

entered the house armed with lathis and chappals and

started beating everyone. They targeted Sri D.K.Das

production Manager whom they dragged out and beat

him severally. They took out his money and broke his

spectacles. On 04.01.2010 F.I.R was lodged with the local

police station. As a result of the above riotus, disorderly

and violent behaviour of some workers,the office staffs/

employee refused to work in such atmosphere of fear. The

strike was illegal. On 05.01.2010 again an emergency

meeting was held of all the manager at the official residence

of Sri B.K. Verma. It was decided that a lock out be declared

from 06.01.2010. Notice was given to various authorities

of the Central Labour Department. Conciliation proceeding

before Asstt. Labour Commissioner (Central) failed. Finally

on 27.02.1010 a bipartite settlement was reached between

the management and two recognized unions. It has been

prayed that present reference to decided in favour of the

management.

The rejoinder to said written statement of the

management has been filed by Sri Sunil Kumar Singh of

Mangal Hat Khadan Mazdoor Sangh. It has been stated

that written statement filed by the management is totally

unwarranted, misleading and beyond the facts and law. It

has been stated that workmen are being represented

through Mangal Hat Khadan Mazdoor Sangh, Rajmahal.

The general secretary of the union namely D.Mihra has

raised the genuine grievances of the workmen before the

management times to time. Workman have never been

represented by Rashtriya Quaries Khadan Mazdoor Sangh,

and Jharkhand Shramik Sangh. There has never been

bipartite settlement on the subject matter of reference.

The workmen never reached on any settlement on

27.02.2010 as alleged by the management. The workman

have never authorized the so called unions, namely,

R.Q.K.M.S and J.S.S as referred by the management. The

alleged settlement is forged and fabricated.

3.

The petition of preliminary objection has been filed

by the management on 07.07.2011.

4.

Rejoinder 02.08.2011 to the said petition dt-

07.07.2011 that preliminary objection has been filed by the

union.

5.

It appears that copy of the reference was forwarded

to the General Secretary, Mangal Hat Khadan Mazdoor

Sangh, Rajmahal, Dist- Sahibganj and the said union filed

written statement and rejoinder to the written statement

filed on behalf of the management on 12.05.2011 and also

rejoinder to the preliminary objection dated- 07.07.2011

filed by the management. Written notes filed on 08.02.2012

on behalf of the workman but union was not present on

29.02.2012 from 06.09.2012. No one appeared on behalf of

the workmen. Lastly on 07.04.2014 management witness

namely Janardhan Kumar was examined. But no one

appeared for cross-examination of this witness. On

08.07.2014 argument on behalf of the management was

heard.On 15.07.2014 Written argument was filed on behalf

of the management.

6.

Management witness namely M.W-1 Janardhan

Kumar has stated that he is acquainted with the case. This

witness is personnal manager of M/S Standard Mercantile

Company (Mechinary Division). He has stated that

company has mines of “Chine Clay and Silica Sand ” at

Rajmahal, Dist.- Sahibganj is state of Jharkhand and head

office situated at Patna. Further he has stated that on

2009.10 dispute was going between management and

workmen for bonus and arrears of minimum wages. On

3rd Jaunuary, 2010 all an a sudden workmen went on strike

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4339

without information to the management or Labour

department. On 04.01.2010 a meeting was going at

residence of Sri B.K.Verma, General Manager then some

workmen arrived entered into the house, they abused and

assaulted. Sri D.K.Das was dragged out of the house and

was assaulted. F.I.R was lodged for this, which has been

marked exhibit-M on 05.01.2010 emergent meeting was held

at the residence of Sri B.K.Verma and mine was lock out

from 06.01.2010. Copy of the notice of the lock out is Exts.-

M/1, thereafter settlement was made between the

management and workmen on 27.02.2010 which has been

marked as Exts.- M/2. After settlement lock out was

removed from 03.03.2010. Now the workmen has no

complain and on the basis of compromise all the workmen

were paid Rs. 500/- ( Rs. Five Hundred ) only each for lock

out and ex-gratia. Workmen have received payment.

Receipt has been marked as Exts.- M/3. Dispute for bonus

has also been settled on 09.05.2010. Copy of which has

been marked as Exts.- M/4.

7.

Ext.- M is F.I.R dated - 05.01.2010 by Mr Binod Kumar

Verma, Manager. Exts.- M/1 notice of lock out given by

General Manager. Exts-M/2 is settlement dated- 27.02.2010.

Exts.- M/3 is proof of payment and Exts.- M/4 is the

settlement in respect of dispute for bonus for year 2008-09

and 2009-10.

8.

Written statement has been filed on behalf of the

management stating therein that no written statement has

been filed on behalf of the workman. After hearing of

objection of the management, tribunal vide order dated-

17.04.2012 directed the workman to file fresh written

statement but no written statement has been filed by the

workman. No evidence was laid by the workman. Workman/

Union completely failed to prove their case.

9.

It appears from record that copy of the reference was

forwarded to General Secretary, Mangal Had Khadan

Mazdoor Sangh who appeared in the case. It appears that

workman has also filed some documents which are copy of

the letter No. 561/2010 dated- 07.01.2010 and letter No.- 463/

2010 dated-07.01.2010 dated- 07.01.2010 sent by the union to

Asstt. Labaour Commissioner. There is also letter dated- 568

dated- 22.01.2010 in which it has been stated that more than a

dogen cases are pending before Regional Labour

Commissioner (Central ) which has not been disposed of. A

letter has been sent to the Labour Secretary, Govt. of India.

This facts also been stated in letter 651/2010 dated- 23.01.2010.

Since the matter under reference is pending before this

tribunal but Mangal Hat Khadan Mazdoor Sangh has left to

take step in he case since 06.09.2012. Though the notice

was also sent to the union on 24.08.2013, 21.01.2013, in the

said circumstances, I have no option but to answer the

reference that now there is no dispute of the workman. In

this case before tribunal. Hence award is answered as “

No Dispute Award ” accordingly.

Dictated & Corrected by me.

BIPIN DUTTA PATHAK, Presiding Officer

ubZ fnYyh] 29 vDrwcj] 2015

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vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;] iVuk ds iapkV ¹lanHkZ

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dks 23-10-2015 dks izkIr gqvk FkkA

¹la- ,y&17012@50@2014&vkbZvkj (,e)º

uohu diwj] voj lfpo

New Delhi, the 29th October, 2015

S.O. 2116.—In pursuance of Section 17 of the

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

Government hereby publishes the Award [Ref. No. 09(C)/

2014] of the Industrial Tribunal/Labour Court, Patna now

as shown in the Annexure in the Industrial Dispute between

the employers in relation to the management of M/s. Life

Insurance Corporation of India and their workman, which

was received by the Central Government on 23-10-2015.

[No. L-17012/50/2014-IR(M)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

BEFORE THE PRESIDING OFFICER INDUSTRIAL

TRIBUNAL, PATNA

Reference Case No. 09 (C) of 2014

Between the management of the Sr. Divisional Manager,

Life Insurance Corporation of India, Patna Divisional

Office-1, Frazer Road, Patna (BIHAR)-800001 and their

workman Sri Ranjeet Kumar S/O-Sri Alakh Niranjan Prasad

Road No.-5, Gandhi Nagar, Biranbigha, Dehri-on-Sone,

Rohtas-821301.

For the management

:

Sri Asish Kumar Asst. Admn.

Officer (Legal), Divisional

Office No.-1 Patna.

For the workman

:

Sri B. Prasad, Joint Convener

of Coordination Committee of

Trade

Unions

and

Association.

Present :

Sri Bipin Dutta Pathak, Presiding Officer,

Industrial Tribunal, Patna.

AWARD

Patna, dated the 30th September, 2015

By the adjudication order No.- L-17012/50/2014-IR

(M) dated- 05.08.2014 the Govt. of India, Ministry of Labour,

New Delhi has referred under clause (d) of sub-section-(1)

4340

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

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

Disputes Act,1947, (hereinafter to be referred to as ‘the

Act’), the following dispute between the management of

The Sr. Divisional Manager, Life Insurance Corporation of

India, Patna Divisional Office-1, Frazer Road, Patna-800001

and their workman Sri Ranjeet Kumar, for adjudication to

this tribunal:-

“Whether the action of the management of LIC of

India, Divisional Office Patna to terminate the service

of Sri Ranjeet Kuamr w.e.f 01.02.2013 was valid? If

not, what relief the workman is entitled for?”

2.

Both parties appeared, workman filed their statement

of claim and management filed their respective written

statement.

3.

In the statement of claim on behalf of the workman it

has been stated that Ranjeet Kumar was appointed in the

service of Life Insurance Corporation of India as Financial

Services Executive (FSE) w.e.f 15.01.2008, he went in

Training Programme from 15.01.2008. He was posted at

Aurangabad Branch of LIC of India vide letter dated-

15.02.2008. He started working with utmost sincerely and

ability. He was being paid Rs. 10000/- per month which

was subsequently raised to @ Rs. 16000/- per month. His

services was terminated w.e.f 01.02.2013 vide letter

No. PDO-1/B &AC, dated- 06.02.2013. He was neither

given any notice nor notice pay nor any retrenchment

compensation. He worked for more than 240 days in 12

calendar months . He is covered under section-2(OO) of

the I.D.Act,1947. Management resorted to unfair labour

practices as per section 25F (Schedule V ) of the I.D.Act.

He represented on 25.02.2013 but no positive step was

taken by the management. Then he raised dispute before

Regional Labour Commissioner (Central), Patna on

03.10.2013 thereafter on failure of conciliation matter was

referred here.

4.

Management filed statement of defence (written

statement) it has been stated that reference is bad in law.

Ranjeet Kumar failed to fulfill the minimum new business

parameters as per LIC of India ( Finance Services Executive)

Schemes, 2007 which ultimately led to his termination in

terms of clause 8 of his engagement. “The contract will be

terminated forth with without giving any notice to you, in

case you do not procure the stipulated minimum new

business in two successive quarters.” It has been further

stated that LIC of India ( Staff ) Regulations, 1960 will not

be applicable. Letter of engagement has been filed.

Financial Services Executive 2007, clause 23 provides for

termination of contract if the FSE does not procure the

stipulated new business. He failed to procure required

new business norms in two successive quarter ending on

31.05.2012 and 31.08.2012 which will be evident to the chart

annexed with the written statement. Claim of the workman

has been denied. Workman cannot claim any advantage

of working for more than 240 days in 12 calendar month.

5.

Rejoinder on behalf of the workman to the statement

of defence (written statement) of management has been

filed.

6.

One witness has been examined on behalf of the

workman and one document Ext.-W has been proved by

the workman.

W.W-1 is the workman Ranjeet Kumar himself. He

has stated that he was working in LIC of India at

Aurangabad on the post of Financial Services Executive.

He was appointed after interview. He joined on 15.01.2008

at Patna thereafter he was posted at Aurangabad and he

joined there. Initially he was paid Rs. 10000/- (Rs. Ten

Thousand). At the time of termination his scale was Rs.

16700/- per month. Termination letter is dated- 6th February,

2013 and date of termination is 01.02.2013. As such he was

terminated with retrospective effect. He was provided leave

and leave under NI Act, CL and Medical leave.

After joining for period of three years his worked

was satisfactory and as such his services were extended.

At the time of termination his work in previous quarter

was excess to the target which was 104.44 per cent. No

notice or compensation was paid prior to his termination.

He gave representation on 25.02.2013 which was not

replied. Seven person who joined along with him are

working. He claimed for reinstatement with back wages.

In cross-examination he stated that he is B.A (Hons.)

with Economics. He was appointed as per appointment

letter dated- 15.01.2008 which was read over by him. His

appointment was governed by Financial Services Executive

Scheme. His service was on contractual term. His

appointment was not for a fixed period. His services was

used to be extended. He has to fulfill minimum business.

He did not fulfill business criteria from 01.03.2012 to

31.05.2012. But he had completed minimum business

criteria from 01.06.2012 to 31.08.2012. Thereafter he has

also fulfilled minimum business criteria from 01.09.2012 to

30.11.2012. He was removed from the service from

01.02.2013. It is necessary to give notice before termination

due to non fulfillment of business criteria. After 31.08.2012

he was extended till 28.02.2013. His business was reviewed.

He received salary for the work done after 31.08.2012.

14 persons were appointed along with him and about

7-8 persons are working. Some persons joined another

places.

From evidence of this witness it appears that he

worked till 22nd February,2013 while date of his termination

of Ist February, 2013. From Ext.-W it appears that (FSE)

quarterly review indicate that for the quarter 01.03.2012 to

31.05.2012 achievement was 21.11%, for the quarter

01.06.2012 to 31.08.2012 achievement was 72.22%, for the

quarter 01.09.2012 to 31.11.2012 achievement was 104.44%,

while target with all the quarter was 90. He had also

exceeded EFP 109.41% for the period 01.06.2012 to

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4341

31.08.2012 and 105.83% in the quarter 01.09.2012 to

30.11.2011.

7.

Single witness M.W-1 has been examined on behalf

of the management, who is Md. Sayeed Akhtar Khan,

presently posted as Chief Manager (B&AC) Divisional

Office-1 Patna. In his examination in chief on oath it has

been stated that in terms of clause-8 of his engagement

letter dated-15.02.2008, it has been stated that contract

will be terminated forthwith without giving any notice to

you in case you do not procure the stipulated minimum

new business in two successive quarters. Engagement

letter of Ranjeet Kumar has been exhibited as Ext.-M/

1.Copy of LIC of India Financial Services Executive

Scheme, 2007 has been marked as Ext.-M/2. It has been

stated that Sri Ranjeet Kuamr failed to procure the required

new business norms in two successive quarter ending

31.05.2012 and 31.08.2012 which was far behind the target.

Letter of business performance has been exhibited as Ext.-

M/3 and chart of quarterly review dated 04.10.2012 has

been marked as Ext.-M/4. Copy of note sheet dated-

04.10.2012 regarding performance review of Sri Ranjeet

Kumar has been exhibited as Ext.-M/5 and copy note sheet

dated-24.12.2012 regarding performance review of FSE Sri

Ranjeet Kumar has been marked as Ext.-M/6. Copy of E-

mail dated-08.12.2012 of Secretary M/B & AC has been

marked as Ext.-M/7. Copy of letter to Sri Ranjeet Kumar

dated-06.02.2013 has been marked as Ext.-M/8. It has been

stated that in terms of clause-8 of the engagement letter,

Sri Ranjeet Kumar was not entitled to continue as Financial

Service Executive and hence the central office authorities

of the LIC of India did not extend his continuation as

Financial Service Executive. Copy of representation of Sri

Ranjeet Kumar dated-25.02.2013 has been marked as Ext.-

M/9.

In cross-examination this witness has stated that he

is acquainted with all the facts of this case.

Financial Service Executive post was implemented

from 2007. Which was contractual. He is not acquainted

with Ranjeet Kumar.

He stated that after seeing the file he may state

monthly remuneration of Ranjeet Kumar who joined service

in the year 2008. Some persons are working. He does not

remember quarterly business of Ranjeet Kumar. Business

of Ranjeet Kumar in quarterly ending on 31.05.2012 and

31.08.2012 was much less. So he was terminated. Further

he stated that Ext.-W is business statement of Ranjeet

Kumar for the period from 01.03.2012 to 28.02.2013.

According to the this Exts business for the period

01.09.2012 to 31.11.2012 exceeded target 90 to 104.44%

services of Ranjeet Kumar, who completed for four years

was extended to five years. He could not say that prior to

termination any notice or retrenchment compensation was

given to Ranjeet Kumar or not. Ranjeet Kumar did not

fulfill the target for two quarter in one year but thereafter

his work was satisfactory because he worked more in

comparision of previous quarter. This fact was informed

to head quarter and no letter was sent from there, so he

used to work.

Ranjeet Kumar was terminated on 06.02.2013. Target

was 90 for the quarter 01.09.2012 to 31.11.2012 and

achievement was 104.44%. Number of life was 94 which

was more than 90. Ranjeet Kumar worked more

incomparision of preceeding quarter.

8.

Ext.-M/1 is engagement as Financial Services

Executive. He was appointed for a period of three years

which was renewable at the sole discretion of the

coporation subject to certain terms and conditions for

another two years. It appears that in 1st quarter number of

life was NIL FPI was fixed one lac shown in extended in

consecutive quarter in 2nd year.

Ext.-M/2 is Financial Services Exective Scheme-2007

according to which engagement was purely on contractual

basis.

Ext.-M/3 is business performance of Ranjeet Kumar

as on 31.05.2012 and in which it has been stated by Branch

Manager we would also like to inform that your 2nd quarter

of 5th year is to end on 31.08.2012, and you must have

made up your own target to complete not only the required

business of this quarter but more and more to compensate

the past quarter and to earn incentives also.

Ext.-M/4 is quarterly review of Ranjeet Kumar.

Ext.-M/5 is letter sent by manager B & AC to Sr.

Divisional Manager stating with, he ( Ranjeet Kumar )

made good of short fall in NOL by obtaining Rs. 2,30,828/-

(57.71%) growth in FPI over & above eiligible FPI. It was

stated to refer his case for continuation of next quarter of

5th years of his engagement.

Ext.-M/6 is also performance review of FSE of Ranjeet

Kumar.

Ext.-M/7 it was informed that it was not found

possible to accede to request as FSE’s have not fulfilled

the minimum criteria of business as per the scheme.

Ext.M/8 is discontinuation as FSE by letter dated-

06.02.2013 Ranjeet Kumar.

Ext.-M/9 is the the representation of Ranjeet Kumar.

9.

Written argument has been filed on behalf of the

workman stating mainly facts and evidence of the case.

Web copy of the decision 2011 SC of Devinder Singh

Versus Municipal Council, Sanaur has been filed. This

decision is not applicable in this case as the facts differ

from the fact of this case. In the case reported case workman

was doing working was clerical nature.

Next decision is also web copy of case of (2010) of

Harjinder Singh Versus Punjab State Ware Housing

Corporation in this case in lieu of reinstatement with 50%

4342

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

backwages it was directed to pay Rs. 87582/- by way of

compensation. This case award of Labour Court was

resorted with cost.

10.

In the written argument filed on behalf of the

management, case of the workman and management and

the evidence has been dealt. They have stated about

exhibited which has been already dealt. Some decision

has been filed on behalf of the management one of which

is of the Hon’ble Supreme Court of India in U.P.State

Brassware Corpn. Ltd. and Anr. Vs Udai Narain Pandey. In

this case services of one staff Udai Narain Pandey was

terminated on the expiry of his tenure. In this case

respondent was appointed on daily wages in a project

work to look after construction building.Due to binding of

unit some regular staff and other staff were retrenched.

Facts of this case differed from this case here because the

present dispute before this tribunal as regard to fulfillment

of target. Another case also referred is of Hon’ble Supreme

Court of India in Senior Superintendent Telegraph (Traffic)

Bhopal Vs. Santosh Kumar Seal and Ors, is also not

applicable with the facts and circumstances of the case.

FINDINGS

11.

It is important to note that in this case Ranjeet Kumar

was appointed as Financial Services Executive ( FSE ) w.e.f

15.01.2008. Which is admitted by both the parties even

none of the exhibits has been challenged. As per Ext.-W

quarterly review from 01.03.2012 to 31.05.2012 was NOL

achievement 21.11% which exceeded in the quarterly

ending on 01.06.2012 to 31.08.2012 and NOL achievement

was 72.22% similarly EFP achievement exceeded 109.41%.

Further NOL achievement in quarter 01.09.2012 to

30.11.2012 was 104.44% and EFP achievement was 105.83%.

From engagement letter Ext.-M/1 it appears that

number of life and eligible FPI was nil in the first quarter

which subsequently was increasing. From Ext.-M/3 it

appears that Branch Manager (B&AC) informed Ranjeet

Kumar that 2nd quarter of 5th year is to end on 31.08.2012

and you must have made up your own target to complete

not only the required business for this quarter but more

and more to compensate the past quarter & to earn

incentives also and it appears from Ext.-W that in the quarter

ending on 31.08.2012 business of Ranjeet Kumar in number

of life was 94 which was 104.44% and even EFP is

achievement was 105.83%. As such he completed more

than expectation in the quarter ending on 31.08.2012 which

apparent from Ext.-M/4. Quarterly review of Ranjeet Kumar.

It appears from Ext.-M/5 the branch manager informed to

Senior Divisional Manager that Ranjeet Kumar is making

good of such fall in NOL by obtaining 57.11% in growth in

the EFPI. Over and above eligible EFPI so it was requested

to refer his case for continuation of Mr. Ranjeet Kuamr to

the next quarter 5th years of his engagement but this

improvement was not considered and this request was

turn down which appears Ext.-M/7 and Ext.-M/6 and

improvement of Ranjeet Kumar and recommendation for

continuation for 3rd quarter was not considered properly

without assigning any reason of for the period of short

fall he was terminated which is not just and proper. More

over termination letter dated-06.02.2013 while termination

is dated 01.02.2013 with retrospective effect which is bad

in the eye of law. In this circumstances that the termination

of Ranjeet Kumar was not valid.

It is hold that action of the management of LIC of

India Divisional Office, Patna to terminate the service of

Ranjeet Kumar w.e.f 01.02.2013 was not valid. In this

circumstance the workman is entitled to reinstatement and

with full back wages and award is accordingly is answered.

Dictated & Corrected by me.

BIPIN DUTTA PATHAK, Presiding Officer

ubZ fnYyh] 29 vDrwcj] 2015

dk-vk- 2117-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ psUubZ

isVªksfy;e dkiksZjs'ku fyfeVsM ds izcaèkra=k ds lac¼ fu;kstdksa vkSj

muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;] psUubZ ds

iapkV (lanHkZ la[;k 115@2015) dks izdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 23-10-2015 dks izkIr gqvk FkkA

¹la- ,y&30011@23@2015&vkbZvkj (,e)º

uohu diwj] voj lfpo

New Delhi, the 29th October, 2015

S.O. 2117.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 115/

2015) of the Central Government Industrial Tribunal/Labour

Court, Chennai now as shown in the Annexure in the

Industrial Dispute between the employers in relation to the

management of M/s. Chennai Petroleum Corporation Ltd.

and their workman, which was received by the Central

Government on 23-10-2015.

[No. L-30011/23/2015-IR (M)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL- CUM - LABOUR COURT

CHENNAI

Monday, the 12th October, 2015

Present :

K. P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 115/2015

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4343

[In the matter of the dispute for adjudication under clause

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

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

the Management of Chennai Petroleum Corporation Ltd.

and their workman]

BETWEEN :

The General Secretary

:

1st Party/Petitioner Union

Chennai Petroleum

Employees’ Union

CPCL Campus, Manali

Chennai-600068

AND

The General Manager

:

2nd Party/Respondent

Chennai Petroleum

Corporation Ltd.

Manali, Chennai-600068

Appearance :

For the 1st Party/

:

Absent

Petitioner Union

For the 2nd Party/

:

Ms. K. Premalata,

Respondent

Authorized Representative

AWARD

The Central Government, Ministry of Labour &

Employment vide its Order No. L-30011/23/2015-IR (M)

dated 21.07.2015 referred the following Industrial Dispute

to this Tribunal for adjudication.

The Schedule mentioned in that order is :

“Whether the action of the Management of Chennai

Petroleum Corporation Ltd. regarding denial of OT

payment to their employees is justifiable or not? If

not, to what relief the workman is entitled to?”

2.

On receipt of the Industrial Dispute this Tribunal

has numbered it as ID 115/2015 and issued notices to both

sides. The Respondent has entered appearance through

authorized representative.

3.

Even though the petitioner has received notice, he

did not enter appearance. In spite of his absence the matter

was repeatedly posted for his filing Claim Statement.

However, he failed to appear or file any statement.

4.

The petitioner seems to be not interested in pursuing

the dispute. In the absence of any material to substantiate

the case of the petitioner, the reference is to be answered

against him.

The reference is answered against the petitioner. An

award is passed accordingly.

K.P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined :

For the 1st Party/Petitioner Union

:

None

For the 2nd Party/Management

:

None

Documents Marked :

On the Petitioner’s side

Ex.No.

Date

Description

Nil

On the Management’s side

Ex.No.

Date

Description

Nil

ubZ fnYyh] 29 vDrwcj] 2015

dk-vk- 2118-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ dqekj

th-lh- ik.Ms; ,.M da- ds izcaèkra=k ds lac¼ fu;kstdksa vkSj muds

deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;&1] /uckn ds

iapkV (lanHkZ la[;k 264@1994) dks izdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 23-10-2015 dks izkIr gqvk FkkA

¹la- ,y&29012@36@1993&vkbZvkj (,e)º

uohu diwj] voj lfpo

New Delhi, the 29th October, 2015

S.O. 2118.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 264/

1994) of the Central Government Industrial Tribunal/Labour

Court-1, Dhanbad now as shown in the Annexure in the

Industrial Dispute between the employers in relation to the

management of M/s. Kumar G.C. Pandey and Co. and their

workman, which was received by the Central Government

on 23-10-2015.

[No. L-29012/36/1993-IR (M)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO.1) DHANBAD

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

I.D. Act, 1947

Reference: No. 264 of 1994

Employer in relation to the management of

M/s. G.C. Pandey & Co.

AND

Their workmen

Present :

Sri Ranjan Kumar Saran, Presiding Officer

4344

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

Appearances:

For the Employers

:

None

For the Workman

:

None

State : Jharkhand

Industry : Stone Mines

Dated : 8/10/2015

AWARD

By order No. L-29012/36/1993-IR (M), dated

11/08/1994 the Central Government in the Ministry of

Labour has, in exercise of the powers conferred by clause

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

of the Industrial Disputes Act, 1947, referred the following

disputes for adjudication to this Tribunal:

SCHEDULE

“Whether the action of the management of M/s.

Kumar G.C Pandey (Quarry owner) in terminating

the service of Shri Ram Prasad Banerjee and not

taking him back in employment with full back wages

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

concerned workman is entitled?”

2.

After receipt of the reference the parties are noticed,

Though they took steps for certain dates, subsequently

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

presumed that the disputes between parties have been

resolved in the meantime, Hence No Dispute Award is

passed.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 29 vDrwcj] 2015

dk-vk- 2119-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ dqekj

th-lh- ik.Ms; ,.M da- ds izcaèkra=k ds lac¼ fu;kstdksa vkSj muds

deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;&1] /uckn ds

iapkV (lanHkZ la[;k 263@1994) dks izdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 23-10-2015 dks izkIr gqvk FkkA

¹la- ,y&29012@35@1993&vkbZvkj (,e)º

uohu diwj] voj lfpo

New Delhi, the 29th October, 2015

S.O. 2119.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 263/

1994) of the Central Government Industrial Tribunal/Labour

Court-1, Dhanbad now as shown in the Annexure in the

Industrial Dispute between the employers in relation to the

management of M/s. Kumar G.C. Pandey and Co. and their

workman, which was received by the Central Government

on 23-10-2015.

[No. L-29012/35/1993-IR (M)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO.1) DHANBAD

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

I.D. Act, 1947

Reference: No. 263 of 1994

Employer in relation to the management of

M/s. Kumar G.C. Pandey & Co.

AND

Their workmen

Present :

Sri Ranjan Kumar Saran, Presiding Officer

Appearances:

For the Employers

:

None

For the Workman

:

None

State : Jharkhand

Industry : Stone Mines

Dated : 8/10/2015

AWARD

By Order No.L-29012/35/1993-IR (M), dated.11/08/

1994, the Central Government in the Ministry of Labour

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

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

Industrial Disputes Act, 1947, referred the following

disputes for adjudication to this Tribunal:

SCHEDULE

“Whether the action of the management of

M/s. Kumar G.C. Pandey, Pakur in terminating the

service and refusing to take back in employment

with full back wages Shri Madhav Jha is justified ? If

not, to what relief the workman is entitled?”

2.

After receipt of the reference the parties are noticed,

though they took steps for certain dates, subsequently

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

presumed that the disputes between parties have been

resolved in the meantime. Hence No Dispute Award is

passed.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 30 vDrwcj] 2015

dk-vk- 2120-—deZpkjh jkT; chek vf/fu;e] 1948

(1948 dk 34) dh /kjk 1 dh mi&/kjk (3) }kjk iznRr 'kfDr;ksa

dk iz;ksx djrs gq,] dsUnzh; ljdkj ,rn~}kjk 1 fnlEcj] 2015 dks

ml rkjh[k ds :i esa fu;r djrh gS] ftldks mDr vf/fu;e ds

vè;k; 4 (44 o 45 /kjk ds flok; tks igys ls izo`Ùk gks pqdh gS)

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4345

vè;k; 5 vkSj 6 ¹/kjk 76 dh mi&/kjk (1) vkSj /kjk 77] 78]

79 vkSj 81 ds flok; tks igys gh izo`Ùk dh tk pqdh gSº ds micaèk

fetksje jkT; ds fuEufyf[kr {ks=kksa esa izo`Ùk gksaxs] vFkkZr~ %—

Ø-

jktLo xzke dk

gnoLr la-@

rglhy@

ftyk

la-

uke@{ks=k*

gkscyh*

rkyqd*

1

2

3

4

5

1-

vkbtkWy

vkbtkWy

eqfufliy

¹la- ,l&38013@88@2015&,l-,l- Iº

vt; dqekj] lgk;d lfpo

New Delhi, the 30th October, 2015

S.O. 2120.—In exercise of the powers conferred by

sub-section (3) of Section 1 of the Employees’ State

Insurance Act, 1948 (34 of 1948) the Central Government

hereby appoints the 1st December, 2015 as the date on

which the provisions of Chapter IV (except Sections 44

and 45 which have already been brought into force) and

Chapter-V and VI [except Sub-section (1) of Section 76

and Sections 77, 78, 79 and 81 which have already been

brought into force] of the said Act shall come into force in

the following areas in the State of Mizoram namely :—

Sl.

Name of the

Had Bast

Tehsil/

District

No.

Village Area*

No./

Taluk*

Habli*

1.

Aizawl

Aizawl

Municipal

[No. S-38013/88/2015-S.S.I]

AJAY KUMAR, Assistant Secy.

ubZ fnYyh] 30 vDrwcj] 2015

dk-vk- 2121-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj nkudquh

[kjxiqj ifj;kstuk jk"Vªh; jktekxZ&6 ds izcaèkra=k ds lac¼ fu;kstdksa

vkSj muds deZdkj ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;] dksydkrk

ds iapkV (lanHkZ la[;k 14@2014) dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 27@10@2015 dks izkIr gqvk FkkA

¹la- ,y&42012@177@2013&vkbZvkj (Mh;w)º

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

New Delhi, the 30th October, 2015

S.O. 2121.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. Refernce

No. 14/2014) of the Central Government Industrial

Tribunal-cum-Labour Court, Kolkata now as shown in the

Annexure in the Industrial Dispute between the employers

in relation to the management of the Dankuni Khargapur

Project/N.H.-6 and their workmen, which was received by

the Central Government on 27/10/2015.

[No. L-42012/177/2013-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

AT KOLKATA

Reference No. 14 of 2014

Parties:

Employers in relation to the management of

Dankuni Khargapur Project/N.H. 6

A N D

Their workmen

Present :

Justice Dipak Saha Ray, Presiding Officer

Appearance :

On behalf of the

:

None

Management

On behalf of the

:

Mrs. Bratati Chakraborty,

Workmen

Ld. Counsel.

State : West Bengal

Industry : National Highways

Dated: 16th October, 2015.

AWARD

By Order No.L-42012/177/2013-IR(DU) dated

13.02.2014/18.02.2014 the Government of India, Ministry

of Labour in exercise of its powers under Section 10(1)(d)

and (2A) of the industrial Disputes Act, 1947 referred the

following dispute to this Tribunal for adjudication:

“Whether the action of the management of M/s

Ashoka Dhankuni Kahragpur Tollways Ltd. is

justified by terminating the service of 3(Three) No.

of workmen namely S/Sri Srimanta Maity, Srikanta

Adgiri and Kanailal Pal is legal and or justified? If

not, what relief the workmen are entitled to?”

2.

Bereft of all unnecessary details, the case of the

concerned workmen is as follows:

The concerned three workmen namely S/Shri

Kanailal Pal, Srikanta Adgiri and Srimanta Maity were

appointed as Assistant Cashiers on 01.02.2012, 01.03.2012

and 26.03.2012 respectively at a monthly salary of

Rs. 7750/- each. After joining service they performed their

duties continuously and uninterruptedly till 19.11.2012.

Subsequently, on 20.11.2012 they were illegally terminated

from the service on the allegation that they misappropriated

the money of the Company. Accordingly, industrial

dispute was raised by the concerned workmen against

4346

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

such illegal termination of their service. Hence this

reference.

3.

The management/M/s. Ashoka Dankuni Kharagpur

Tollways Ltd. has not contested the case inspite of service

of notice. So, this reference is heard ex parte.

4.

The concerned three workmen have examined

themselves as the witnesses and proved four(4) documents

viz. Exts. W-01 to W-04 in order to establish their case.

5.

In this case the concerned workmen have specifically

stated in their statements of claim that they were appointed

as Assistant Cashiers on 01.02.2012, 01.03.2012 and

26.03.2012 respectively at a monthly salary of Rs.7750/=

each and after their joining in service they worked

continuously and uninterruptedly till 19.11.2012. The said

statements of the workmen have been corroborated by

the oral evidence of the witnesses. The termination letters

dated 20.11.2012 issued by the management (Ext. W-02)

do not go to show that there was any break of service in

respect of any of the said workmen during the period of

their service. On the contrary, the said letters go to show

that after joining they worked continuously till termination

of their service.

6.

Accordingly, it appears that the workmen after their

joining in service worked continuously for at least 240

days. So the concerned workmen were in continuous

service as per the provision of Section 25B of the Industrial

Disputes Act, 1947.

7.

From the statements of claim which corroborate oral

evidence of the witnesses, it further appears that at the

time of their termination one month’s notice in writing had

not been given to the workmen in compliance with the

provision of Section 25F of the Act. Nor had any wages

been paid in lieu of such notice. There is nothing on record

to show that compensation was paid in compliance with

the provision of Section 25F(b) of the Act.

8.

Now from Ext. W-02 (termination letters dated

20.11.2012) it appears that the workmen were terminated

from the service as the management lost its confidence in

them for their alleged misappropriation of money of the

Company. But there is nothing on record to show that

before termination of their service domestic enquiry was

held against them.

9.

In this connection, it is desirable to mention the

decision reported in (1985) 2 Supreme Court Cases 727

(paragraph 8) wherein it has been held that:

“It is difficult to agree with the findings of the Labour

Court that when service is terminated on the basis

of loss of confidence the order does not amount to

one with stigma and does not warrant a proceeding

contemplated by law preceding termination. Want

of confidence in an employee does point out to an

adverse facet in his character as the true meaning of

the allegation is that the employee has failed to

behave up to the expected standard of conduct

which has given rise to a situation involving loss of

confidence. In any view of the matter this amounts

toa dereliction on the part of the workman and,

therefore, the stand taken by the Management that

termination for loss of confidence does not amount

to a stigma has to be repelled. In our opinion it is not

necessary to support our conclusion by reference

to precedents or textual opinion as a commonsense

assessment of the matter is sufficient to dispose of

this aspect. ‘Retrenchment’ is defined in Section

2(oo) of the Industrial Disputes Act and excludes

termination of service by the employer as a

punishment inflicted by way of disciplinary action.

If the termination in the instant case is held to be

grounded upon conduct attaching stigma to the

appellant, disciplinary proceedings were necessary

as a condition precedent to infliction of termination

as a measure of punishment. Admittedly this has

not been done. Therefore, the order of termination

is vitiated in law and cannot be sustained.”

10.

Considering the facts and circumstances of the case,

evidence on record and the decision of the Hon’ble

Supreme Court it appears that the termination of the

workmen from the service by the management without

any domestic enquiry and without any adherence to the

provision of Section 25F of the Act, was neither proper

nor justified.

11.

From the decisions of the Hon’ble Supreme Court

viz. 1978 Lab. I.C. 1667 and 2013(139) FLR 541 it appears

that in case of illegal termination of service, reinstatement

with continuity of service and back wages are normal rule.

12.

Now it is to be considered whether or not the

workmen are entitled to be reinstated in service. In this

context it is necessary to refer to the decision reported in

(1985) 2 Supreme Court Cases 727 (paragraph 9 and 10)

wherein it has been held that:

“9.Ordinarily, when the order of termination is

quashed a declaration follows that the workman

continues to be in employment and is therefore,

reinstated in service with full back wages as was

held by this Court in Hindustan Tin Works (Private)

Ltd. V. Employees. This Court held in Jitendra Singh

Rathor v. Shri Daidyanath Ayurved Bhawan Ltd. that

under Section 11-A of the Act advisedly wide

discretion has been vested in the Tribunal in the

matter of awarding relief according to circumstances

of the case. In Hindustan Steels Ltd., Rourkela v.

A.K. Roy, this Court has held that the Labour Court

has discretion to award compensation instead of

reinstatement if the circumstances of a particular

case make reinstatement inexpedient or improper. In

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4347

this case it has been the stand of the respondent

that the Management had lost confidence in the

appellant and there has been some pleading about

the importance of the role of confidence in the

business set-up of the respondent. Without

examining the tenability of the stand on loss of

confidence as a defence to reinstatement and

accepting the allegations advanced by the

respondent that there has been loss of confidence,

we are of the view that while the termination of

service of the appellant is held to be bad, he may not

be reinstated in service. On the other hand he should

be adequately compensated.

10.The quantum of compensation has now to be

ascertained. Ordinarily, the appellant would have

gone back into service with full back wages.

Admittedly he has been out of employment from

March 1974. If he had gone back into service he

would have been entitled to back wages of a little

more than 11 years. In computing compensation this

aspect has to be kept in view. If he was restored to

service he would have been assured of employment

for a further term of years. Keeping this as also other

relevant aspects in view, we quantify the

compensation payable to the appellant at Rs. 2 lacs.

In almost similar circumstances in respect of two

employees working under the Lufthansa German

Airlines, compensation of Rs. 2 lacs for each worker

was fixed by this Court in Civil Appeal No. 650 of

1982 disposed of by us on April 9, 1985. Counsel for

the appellant has undertaken to file a statement

showing the spread-over of the compensation from

the date of the order of termination of service till the

end of the present financial year, within a week from

today. After the statement is filed the same be placed

for further directions.”

13.

It has already been discussed that the management

lost its confidence in the workmen for their alleged

misappropriation of money of the Company. Though the

allegation of loss of confidence has not been established

by any domestic enquiry, yet in the pleadings of the parties

there is inkling of loss of confidence of the management

for any reason whatsoever. In such circumstances it will

not be expedient to reinstate the workman against the will

of the management and in such cases adequate

compensation would be an alternative to reinstatement.

And in coming to this decision this Tribunal is fortified by

the decision of the Hon’ble Supreme Court as already

referred to in paragraph 12 above.

14.

Now the question arises as to what would be the

just and proper amount of compensation. In this regard

the foregoing decisions of the Hon’ble Supreme Court as

mentioned in paragraph 12 of this Award may be taken as

a guideline.

15.

There is pecuniary loss as well as non-pecuniary

loss. Non-pecuniary loss i.e., sufferings, loss of earnings

for the rest of the life, non-performance of the obligation

towards the family cannot be measured in terms of money.

So by applying the rule of thumb the total compensation

for pecuniary and non-pecuniary loss is fixed at

Rs.2,00,000/= (Rupees two lac) only.

16.

The instant order of reference is accordingly

answered in the negative. Each of the concerned three

workmen are entitled to get compensation of Rs.2,00,000/-

(Rupees two lac).

17.

Award is passed accordingly.

Dated, Kolkata,

The 16th October, 2015

Justice DIPAK SAHA RAY, Presiding Officer

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New Delhi, the 2nd November, 2015

S.O. 2122.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 89/2014)

of the Central Government Industrial Tribunal-cum-

Labour Court, Chennai now as shown in the Annexure in

the Industrial Dispute between the employers in relation

to the management of the Post Master General, Coimbatore

and Others and their workman, which was received by

the Central Government on 29/10/2015.

[No. L-40012/31/2014-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Wednesday, the 14th October, 2015

Present :

K. P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 89/2014

4348

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

[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 Post Master General and Two Others

and their workman]

BETWEEN :

Sri J. Sivakumar

:

1st Party/Petitioner

AND

1. The Post Master General

: 2nd Party/1st

Western Region (TN)

Respondent

Coimbatore-641002

2. The Senior Superintendent

: 2nd Party/2nd

of Post Offices,

Respondent

Salem East Division

Salem-636001

3. The Sub-Divisional Inspector : 2nd Party/3rd

Attur Postal Sub-Division,

Respondent

Attur, Salem-636102

Appearance:

For the 1st Party/

:

M/s R. Malaichamy,

Petitioner

Advocate

For the 2nd Party/1st,

:

Mrs. K. Akhilandeswari,

2nd & 3rd Respondent

ACGSC

AWARD

The Central Government, Ministry of Labour &

Employment vide its Order No. L-40012/31/2014-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 Management of Postal

Authority i.e. Inspector of Posts, Attur-Salem

District regarding the termination of the services of

the petitioner Mr. J. Sivakumar, GDS/DA is justifiable

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

to?”

2.

On receipt of the Industrial Dispute this Tribunal

has numbered it as ID 89/2014 and issued notices to both

sides. Both sides have entered appearance through their

counsel and filed their Claim and Counter Statement

respectively.

3.

The averments in the Claim Statement filed by the

petitioner in brief are these:

The Extra Departmental Delivery Agent (now known

as Gramin Dak Sevak Mail Deliverer) at Arasanatham

Branch Office took long leave from 21.09.1998 and the

Third Respondent appointed the petitioner as Extra

Departmental Delivery Agent (EDDA) by memo dated

21.09.1998 on temporary basis. The petitioner worked in

the post till the regular incumbent joined duty on 24.02.1999.

He again went on leave from 25.02.1999 and the petitioner

was again appointed in his place by the Third Respondent.

The petitioner was thus appointed by the Third

Respondent from time to time and he had been discharging

his duties with utmost satisfaction. The permanent

incumbent went on long leave again and the Third

Respondent appointed the petitioner in his place on

provisional basis by order dated 01.01.2000. The petitioner

had completed more than 3 years of service at Arasanathan

B.O. The third Respondent regularized the service of the

petitioner by order dated 01.03.2003 w.e.f. 04.09.2002.

However, the appointment was cancelled by order dated

26.03.2005. The petitioner challenged this before the

Central Administrative Tribunal (CAT) and the Tribunal

gave a direction to consider the case of the petitioner. The

authorities did not comply with the order. Similarly placed

persons like the petitioner were appointed as GDS after

including their names in the dovetailed list prepared in

respect of those who had completed more than 240 days

of work. This benefit was denied to the petitioner. The

petitioner was entitled for regularization as per the old

recruitment rules since he has put in nearly three years of

service. By virtue of continuous service rendered the

petitioner is entitled to protection of Section-25(F) of the

Industrial Disputes Act. An order may be passed directing

the Respondents to reinstate the petitioner in service with

continuity of service, backwages and other attendant

benefits.

4.

The Respondents have filed a common Counter

Statement contending as below:

When the regular incumbent of Arasanatham B.O.

was placed under off-duty the petitioner was given

appointment on temporary basis w.e.f. 21.09.1998.

Subsequently, he was temporarily appointed for 3 months

from 21.11.1998 and had worked upto 24.02.1999. The

temporary appointment of the petitioner was terminated

on 25.02.1999 when the regular incumbent joined duty.

When the regular incumbent availed leave at different

spells from 26.02.1999 the petitioner was nominated by

him as the EDDA and this was approved by the Third

Respondent. Subsequently, the petitioner was permitted

to work on temporary basis from 01.09.1999 to 31.12.1999.

When the regular incumbent was again placed on off-

duty the petitioner was again provisionally engaged for 2

months from 01.01.2000 and he worked till 03.09.2000. After

the regular incumbent was removed from service the

provisional appointment of the petitioner was regularized

by memo dated 04.09.2002, by the Third Respondent. But

this was done without observing the recruitment

procedure. After issuing notice to the petitioner and on

hearing him, his appointment was cancelled by order dated

26.03.2005. The petitioner was relieved form the post on

30.03.2005. The petitioner moved the CAT, Chennai against

this order. The Tribunal had directed to consider the

application of the petitioner for the post as and when the

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4349

same was notified for being filled up. The petitioner was

not selected for the post as he was not in the zone of

consideration. Another candidate was selected. The

application filed by the petitioner before the CAT against

this order was dismissed. The maintenance of dovetailed

list has been discontinued and the system is not in vogue

now. The list was maintained only in respect of those who

had worked for 240 days in the 2 years before 11.02.1988.

The petitioner is not entitled to any relief.

5.

The evidence in the case consists of oral evidence

of WW1 and MW1 and documents marked as Ext.W1 to

Ext.W24 and Ext.M1 to Ext.M3

6.

The points for consideration are :

(i)

Whether termination of the service of the petitioner

by the Third Respondent is justifiable?

(ii)

What, if any is the relief to which the petitioner is

entitled?

The Points

7.

The petitioner who had worked as Extra

Departmental Delivery Agent (now known as Gramin Dak

Sevak Mail Deliverer) with the Respondents at

Arasanatham Branch Post Office at different spells had

been terminated from service by order dated 26.03.2005. It

is not denied by the Respondents that the petitioner had

started to work at the Branch from 21.09.1998 and had

worked till 30.03.2005 at different spells. Initially he had

started to work when the regular incumbent was under

off-duty. He had continued in the post when the regular

incumbent was on leave and subsequently he was again

appointed when the man was dismissed from service. The

appointment which was provisional in nature was

regularized by the Third Respondent by order dated

11.03.2003 w.e.f. 04.09.2002. However, the Third respondent

himself cancelled the appointment by order dated

26.03.2005 stating that the regularization is not in

accordance with the rules.

8.

Ext.W1 to Ext.W6 are the different orders appointing

the petitioner in the Branch Office at Arasanatham. Ext.M3

is the order cancelling the appointment of the petitioner.

Ext.M1 and Ext.M2 are the notices given to the petitioner

to show cause for not cancelling the order.

9.

The petitioner seems to have approached different

forums against the cancellation of his appointment. Ext.W7

is the order of CAT, Madras Bench in which the Tribunal

directed the Respondents, the Postal Department

authorities, to consider the application of the petitioner

for the post of EDMC as and when the same was notified

for being filled-up. It was further directed that the

applicant’s case shall be considered with reference to the

rules as well as procedure, if any. It was further stated that

if relaxation is required the same is to be deemed to have

been ordered by the Tribunal in so far as age qualification

alone was concerned. Regarding other qualifications they

were to be considered objectively and the petition disposed

of. This was to be done within a period of 6 months. The

petitioner had then approached the CAT again alleging

contempt by the Respondents. However, this was

dismissed, on the ground of delay, as seen from Ext.W8.

The petitioner approached the Hon’ble High Court of

Madras challenging the order of dismissal and the order is

marked as Ext.W9. It is seen from the order that the

grievance of the petitioner was on account of the alleged

disobedience of the postal authorities to the order of

CAT. The Writ Petition was disposed observing that the

contempt petition was in time. He again approached the

CAT armed with the order of the High Court. This time the

contempt petition was dismissed considering it on merits

as the postal authorities had already considered the

application of the petitioner as directed by the Tribunal,

though the same was rejected. The petitioner later applied

to the Senior Superintendent of Post Offices (Ext.W11) to

include his name in the dovetailed list for considering

appointment against the regular vacant post subject to

the outcome of the Special Leave Petition pending before

the Supreme Court. He gave such representation (Ext.W13)

to the Post Master General also. Since he did not receive

any response, he filed application before the CAT, Chennai

claiming the relief of inclusion of his name in dovetailed

list. By Ext.W16 order, the CAT directed the Post Master

General to consider and dispose of the representation of

the petitioner in accordance with law within a specified

period. As per the direction, a decision was taken, as seen

from Ext.W17. The Post Master General stated that the

dovetailed list was prepared in respect of those who have

worked for 240 days in 2 years before 11.02.1988 and as

the petitioner had worked only between 01.01.2000 and

26.03.2005 the question of inclusion of his name in the

dovetailed list does not arise. He further stated that as

case is already pending before the Supreme Court on the

issue, inclusion of name of the petitioner in the list would

be viewed as contempt of court. Thus, the request of the

petitioner to include his name in the dovetailed list was

rejected. It is subsequently the petitioner has raised the

dispute claiming that he has worked for more than 240

days continuously and he is entitled to be reinstated in

service.

10.

As could be seen, the appointment of the petitioner

was once regularized. But subsequently the same was

cancelled stating that the regularization is not in

accordance with the rules prevalent. The counsel for the

petitioner has referred to the decision of the Division Bench

of Madras High Court in support of his argument that

termination is not justified. The Division Bench had

disposed of several writ petitions including WP No. 5026/

03 filed by the Superintendent of Post Offices in which

issues akin to that of the petitioner’s case were considered.

11.

As in the present case, Suguna one of the Writ

Petitioners in the batch of cases referred to above was

4350

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

appointed on temporary basis in March 1998. Her period

was extended later and she had worked in the Respondent

Department till November 1998. The temporary appointment

was terminated consequent to the selection of another

person after notification, and considering the applications.

Suguna approached the Central Administrative Tribunal

challenging the selection of another person but the

application filed by her was dismissed. She then filed

another application to include her name in the dovetailed

list based on her temporary service. This was disposed

with a direction to consider her request. The Post Master

General, as directed by the Tribunal considered her request

and found that she is not eligible to be considered in the

dovetailed list. She approached the Central Administrative

Tribunal again and the Tribunal directed the Respondent

to include her name in the dovetailed list. It was challenging

this, the Respondent has filed Writ Petition before the

Hon’ble High Court of Madras. The Hon’ble High Court

considered the scheme framed in Kumar Vs. Union of India

by the Administrative Tribunal and other facts. In Kumar’s

case the Tribunal had sought the stand of the Respondent

and the Chief Post Master General, Tamil Nadu Circle had

given a reply making its stand clear. It was stated in the

reply that substitutes engaged before 11.02.1988 who have

completed 240 days in any two years before 11.02.1998,

substitutes engaged before 11.02.1988 but completed 240

days of service in any two years after 11.02.1988 and also

provisional appointees who were appointed after

11.02.1988 and allowed to continue for 240 days in any

two years as per judgment in Kumar’s case were to be

brought in the dovetailed list. The only persons who were

omitted were substitutes appointed after 11.02.1988. It

was observed by the Tribunal that in respect of provisional

appointees, even those appointed after 11.02.1988 and

allowed to continue for more than 240 days have also

been placed in the dovetailed list and even otherwise the

provisional appointees are entitled to have their names

included in the list in view of the letter of the Department

dated 18.05.1979 provided they have put in 3 years of

service. It had again been observed by the Tribunal,

referring to the argument advanced on behalf of the Postal

Department that the scheme was intended only as a one-

time measure and there is no question of applying the

scheme after rules for Postal Gramin Dak Sevak in 2001

has been framed and that apprehension expressed that

including such persons would open a flood gate of such

cases is without basis and that the department is liable to

extend the benefit of the scheme until the last eligible

casual labourer, full time and part time EDA/GDS

(Provisional Appointee or Substitute or Outsiders) is

absorbed against the existing and future vacancies of

GDA/GDS. The High Court concurred with the view

expressed by the Tribunal and dismissed the Writ Petition

filed by the Department.

12.

When the regular incumbent was put under off duty

the petitioner was appointed on provisional basis by

order dated 01.01.2000. His appointment was regularized

by order dated 01/.03.2003 w.e.f. 04.09.2002. Subsequently,

the Inspector of Posts felt that the regularization is not in

accordance with the rules and terminated him from service.

By then he had completed more than 3 years in the post of

EDDA at Arasanatham Branch Post Office. So the

petitioner’s case squarely comes under the criteria

prescribed by the Department itself. In its reply the PMG

has told the Tribunal that the provisional appointees who

are appointed after 11.02.1988 and allowed to continue for

240 days in any two years also are eligible to be brought in

the dovetailed list. Even otherwise the provisional

appointees are entitled to have their names included in

the list on the basis of letter of the department dated

18.05.1979. By the time the petitioner was terminated form

service he had completed more than 3 years of service.

The Postal Department had turned down the request of

the petitioner to be included in the dovetailed list only on

the basis that he is not from the particular zone. When the

petitioner was engaged this was not considered by the

department. Apart from that the Administrative Tribunal

does not seem to have made any difference regarding

persons residing inside or outside the zone. No case is

also seen put forth that persons will be excluded from the

dovetailed list on the basis of the zone. When this aspect

is taken into account the petitioner was all the more entitled

to be included in the dovetailed list.

13.

The facts of the present case are almost in

parimateria with that of facts of the Suguna’s case. Suguna

was appointed on 04.03.1998 on temporary basis and

continued upto 15.11.1998. In the present case the

petitioner had initially been appointed on 21.09.1998 and

had continued till 23.02.1999. When the regular incumbent

joined on 24.02.1999 there was a gap in the service but he

was again appointed on the next day on 25.02.1999 and

continued under different orders. His provisional

appointment from 01.01.2000 was regularized and he

continued till 30.03.2005.

14.

Even though the petitioner had approached the

Adminsitrative Tribunal and other forums for redressal of

his grievance his case was not considered on merits. The

Tribunal had only given a direction to consider his

application and the department had wrongly refused to

include his name in the dovetailed list. The petitioner was

sent away from service after he was regularized and had

completed more than 3 years in service. A farce of an

enquiry is seen conducted in which the petitioner was

asked to state under which rules he had been engaged. It

is the department that had engaged him. It should have

better known the manner in which the petitioner was

appointed. If the petitioner was included in the list on his

request he would have entered the service long ago. The

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4351

petitioner is eligible to appointed in the service of the

Respondent.

15.

Accordingly an order is passed as below:

The Respondents are directed to appoint the

petitioner in service in the vacancy that arises immediately

after completion of one month of publication of the award.

The reference is answered accordingly.

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined

For the 1st Party/

:

WW1, Sri J. Sivakumar

Petitioner

For the 2nd Party/

:

MW1, Sri T. Venkatesan

Management

Documents Marked:

On the Petitioner’s side

Ex.No.

Date

Description

Ext.W1

21.09.1998

Order of Appointment

Ext.W2

21.07.1999

Order of 2nd Respondent

Ext.W3

15.12.1999

Order of 3rd Respondent

Ext.W4

21.12.1999

Order of 2nd Respondent

Ext.W5

01.01.2000

Order of 3rd Respondent

Ext.W6

01.03.2003

Order of 3rd Respondent

Ext.W7

04.05.2006

Order in OA No. 324 of 2005

Ext.W8

19.03.2008

Order in MA No. 92 of 2008

Ext.W9

08.09.2008

Order in WP No. 20996 of 2008

Ext.W10

09.07.2008

Order in CA 12 of 2008 in OA

No. 324 of 2005

Ext.W11

11.06.2010

Representation

Ext.W12

13.07.2010

Representation

Ext.W13

17.09.2010

Representation

Ext.W14

19.12.2010

Original Application No. 1542

of 2010

Ext.W15

—

Reply by 2nd Respondent

Ext.W16

22.12.2010

Order in OA No. 1542 of 2010

Ext.W17

18.02.2011

Order of 1st Respondent

Ext.W18

25.05.2013

Claim Petition

Ext.W19

01.07.2013

Reply to ALC

Ext.W20

15.07.2013

Representation

by

K.

Murugesan

Ext.W21

29.10.2013

Rejoinder by the Petitioner

Ext.W22

24.05.2014

Letter by the Petitioner

Ext.W23

24.05.2014

Rejoinder by the petitioner to

reply the Claim Petition

Ext.W24

13.08.2014

Order of the Assistant Labour

Commissioner (Central)

On the Management’s side

Ex.No.

Date

Description

Ext.M1

09.02.2005

Letter No. DR/C/177 dated

09.02.2005

from

2nd

Respondent to Petitioner

Ext.M2

25.11.2004

Letter No. GDSMD/MC

Arasanatham dated 25.11.2004

from 3rd Respondent

Ext.M3

26.03.2005

Letter No. 362/GDSMD/MC/

Arasanatham dated 26.03.2005

from 3rd Respondent

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New Delhi, the 2nd November, 2015

S.O. 2123.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 114/

2014) of the Central Government Industrial Tribunal-cum-

Labour Court, Chennai now as shown in the Annexure in

the Industrial Dispute between the employers in relation

to the management of the Gautham Detective and Security

Services and Others and their workman, which was

received by the Central Government on 29/10/2015.

[No. L-42012/143/2014-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Friday, the 16th October, 2015

Present :

K. P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 114/2014

4352

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

[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 Gautham Detective & Security Services

(P) Ltd. and Another and their workman]

BETWEEN :

Sri V. Murugan

: 1st Party/Petitioner

AND

1. The Managing Director

: 2nd Party/1st Respondent

M/s Gautham Detective &

Security Services (P) Ltd.,

No. 5, “K” Lane, VVP Nagar

Puducherry-605009

2. The Project Director

: 2nd Party/2nd Respondent

National Highways

Authority of India

PIU No. 10, Govindasamy

Nagar, Vazhudhareddy Post,

Villupuram, Tamilnadu-605401

Appearances :

For the 1st Party/

:

M/s P. Chandrasekaran,

Petitioner

Advocate

For the 2nd Party/

:

Set Ex-parte

1st Respondent

For the 2nd Party/

:

M/s B. Harikrishnan,

2nd Respondent

Advocates

AWARD

The Central Government, Ministry of Labour &

Employment vide its Order No. L-42012/143/2014-IR (DU)

dated 27.11.2014 referred the following Industrial Dispute

to this Tribunal for adjudication.

The schedule mentioned in that order is:

“Whether the demand of the workman, Sri Murugan

in seeking employment in the Office of National

Highways Authority of India, Villupuram from where

he was stopped without reason is legal and justified?

If so, what relief the concerned workman is entitled?”

2.

On receipt of the Industrial Dispute this Tribunal

has numbered it as ID 114/2014 and issued notices to both

sides. Both sides have entered appearance through their

counsel. The petitioner has filed Claim Statement and the

Second Respondent Counter Statement. The First

Respondent did not file any Counter Statement.

Subsequently, the counsel for the First Respondent

reported to have no instruction and the First Respondent

was set ex-parte.

3.

The averments in the Claim Statement filed by the

petitioner are as below:

The petitioner was engaged as Peon in 2006 in the

Office Project Implementation Unit of National Highways

Authority of (India (NHAI), Villupuram through a

placement agency. He had been discharging his duties to

the utmost satisfaction of his superior officers. Initially he

had been receiving Rs. 3,000/- a month as salary.

Subsequently, this was enhanced to Rs. 6,000/- a month.

On 04.03.2011 he was paid Rs. 10,305/- as salary by the

Security Administration. For the period from October 2008

to March 2011 the petitioner worked through M/s Ramesh

Manpower Security Services. From April 2011 to July 2011

he worked through M/s Indian Security Organization. From

August 2011 to April 2014 he worked through the First

Respondent. Though salary fixed by the First Respondent

was Rs. 13,872/-, he actually received Rs. 7,900/- only. The

balance amount was paid to someone else. The petitioner

had submitted a representation to the Respondents on

11.10.2014 seeking permanency in the NHAI. The same

was not acceded to by the General Manager. The petitioner

is entitled to be made permanent under Section-3 of the

Tamil Nadu Industrial Establishment (Conferment of

Permanent Status to Workman) Act, 1981. The First

Respondent has denied job to the petitioner from the

month of April 2014. This action of the First Respondent

is arbitrary and in violation of principles of natural justice.

While terminating the service of the petitioner the

Respondent did not give any notice, notice pay or

compensation. The termination amounts to retrenchment.

The petitioner is not responsible for the missing of

documents in the Office of the Second Respondent. The

petitioner is seen made a scapegoat. The petitioner is

entitled to be reinstated as Peon in the service of the

Second Respondent with full backwages, continuity of

service and other benefits.

4.

The Second Respondent has filed Counter Statement

contending as below:

The NHAI is an autonomous agency of the

Government of India. To augment its administrative

functions the authority used to engage supporting staff,

such as Clerks, typists, computer operator and Peon on

short term contract through Security Services/Placement

Agencies. The salary for short term contract employees

are fixed by NHAI Headquarters, New Delhi as per the

prevailing guidelines. Monthly bill will be raised as per

contract against the manpower supplied by the Security

Agency. The salary will be paid by the Agency after making

statutory deduction towards Provident Fund, ESI, etc.

there is no master-servant relationship between the

petitioner and the Second Respondent. The Second

Respondent never disbursed salary to the petitioner

directly. The Second Respondent did not engage more

than 20 workmen on contract basis on any day during 12

months preceding the Claim Statement. The provisions of

Tamil Nadu Industrial Establishment (Conferment of

Permanent Status to Workman) Act, 1981 is not applicable

to the case. The Second Respondent has entered into an

agreement with the First Respondent under which the First

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4353

Respondent has agreed to deploy personnel to work as

Computer Operator, Peon, Watchman, etc. in the Office at

Villupuram. The First Respondent supplied the petitioner

among others to work as Peon in the Office of the Second

Respondent. His salary used to be paid by the First

Respondent. Originally the petitioner was on the rolls of

the Security service by name M/s Firstman Security Force,

Trichy. Thereafter he was on the roll of other agencies.

From August 2011 onwards he was on the rolls of the First

Respondent. The First Respondent on investigation found

the petitioner guilty of theft of documents and withdrew

the petitioner from the premises of Second Respondent.

The petitioner has indulged in malpractice and stealthily

removed papers of correspondence from the Office of the

Second Respondent. From 22.05.2014 the First Respondent

did not depute the petitioner to work in the Office of the

Second Respondent. The petitioner is not entitled to any

relief.

5.

The petitioner has filed rejoinder in answer to the

Counter Statement of the Second Respondent denying

the allegations in the Counter Statement and reiterating

his case in the Claim Statement.

6.

The evidence in the case consists of oral evidence

of WWs 1 and 2 and documents marked as Ext.W1 to

Ext.W15 and Ext.M1 and Ext.M2.

7.

The points for consideration are:

(i)

“Whether the petitioner is entitled to be reinstated

in service of the Second Respondent as claimed by

him?”

(ii)

Whether the petitioner is entitled to any other relief?

The Points

8.

Murugan, the petitioner was working in the National

Highways Authority of India as Peon from October 2006

onwards. According to him he was denied job in the month

of April 2014. He has stated in his Claim Statement that the

Respondents are to be directed to reinstate him as Peon in

the National Highways Authority of India at Villupuram

with backwages, continuity of service and other benefits.

The First Respondent is the Security Service through

which the petitioner was employed. The Second

Respondent is the Project Director of NHAI. The petitioner

has not specified in the Claim Statement with which

Respondent he is to be reinstated, though he has claimed

that he should be taken back as Peon in NHAI at Villupuram.

9.

It could be seen even from the Claim Statement that

the petitioner was working through placement agencies.

The very case of the Second Respondent who is the only

contesting Respondent in the case is that the petitioner

was engaged through placement agencies all along.

According to the Second Respondent there was never

employer-employee relationship between him and the

petitioner. The monthly bill for the short term employees

used to be raised by the manpower agency as per the

contract and it was the agency who was making payment

to the petitioner and similar employees.

10.

In the Claim Statement the petitioner has claimed

that he was employed through different agencies. From

October 2008 to March 2011, he was employed by one

agency and from April 2011 to July 2011 through another

agency. Thereafter the First Respondent had employed

him. The very case of the Petitioner in the Claim Statement

is that the First Respondent has denied job to him. In the

Proof Affidavit filed by him also the petitioner has asserted

that he was working through the placement agencies.

During his cross-examination the petitioner would state

that during the period from 2006 to 2008 his employment

was not through any Security Service. However, he does

not have such a case in his Claim Statement.

11.

Even the documents produced on behalf of the

petitioner would show that payment was made to him by

the agency through which he was employed. Ext.W1 is

the receipt of 2009 towards payment of salary, issued by

the placement agency. Ext.W2 is another such receipt also

of 2009. These receipts would suffice to show that the

petitioner was not directly paid by the Second Respondent

but only by the agency through which he was employed.

In fact there is no case for the petitioner also that he was

directly employed by the Second Respondent. In the

absence of employer-employee relationship between the

petitioner and Second Respondent the petitioner would

not be entitled to be reinstated in the service of the Second

Respondent.

12.

There is a claim for the petitioner in the Claim

Statement that he is entitled to be made permanent on the

basis of Section-3 of the Tamil Nadu Industrial

Establishment (Conferment of Permanent Status to

Workman) Act, 1981. It has been pointed out by the counsel

for the Second Respondent that in the absence of

employer-employee relationship the petitioner would not

be entitled to make such a claim at all. The counsel has

relied upon the decision of the Madras High Court in

PRAKASH VS. SOMYAJI in Writ Petition No. 17389 of

1999 in this respect. In the above decision, it was held that

to invoke Section-3 of the Tamil Nadu Act the relationship

of master and servant must be subsisting at the time when

the claim is made. This decision was rendered under the

background that though the workman had completed 480

days in a period of 24 calendar months in the concerned

industrial establishment there was no employer employee

relationship at the time when the claim was made. The

dictum is all the more relevant in the present case in so far

as there was never any employer-employee relationship

between the petitioner and the Second Respondent.

13.

Even otherwise, as pointed out by the counsel for

the Second Respondent, in view of Section-7 of Tamil Nadu

Industrial Establishment (Conferment of Permanent Status

4354

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

to Workman) Act, the petitioner will not be entitled to any

relief. The section excludes workman employed in an

industrial establishment engaged in the construction of

buildings, bridges, roads, canals, dams or other

construction work whether structural, mechanical or

electrical, from the purview of the Act. The Second

Respondent has specifically stated in the Counter

Statement that it is engaged in the development,

maintenance and management of National Highways.

So the exemption clause is applicable to the NHAI. For

this reason also the petitioner is not entitle to invoke

Section-3 of the Tamil Nadu Act for his benefit. So the

petitioner is not entitled to any relief again the Second

Respondent.

14.

The First Respondent in the case has remained ex-

parte. Even from the Claim Statement and Proof Affidavit

of the petitioner what could be deciphered is that the

petitioner was employed by the First Respondent and not

by the Second Respondent. He was working at the office

of the Second Respondent at the instance of the First

Respondent who engaged him. As could be seen from the

Claim Statement itself it is the First Respondent who had

denied work to him.

15.

Though the First Respondent has not come forward

to justify the act of the termination of the petitioner from

service, the Second Respondent has advanced a case that

some documents were missing from its office and on

enquiry by the First Respondent the petitioner was found

responsible for the same and it is accordingly the petitioner

was taken away from the premises of the Second

Respondent. The petitioner had denied this case in the

Claim Statement as well as during his examination. Apart

from what is stated in the Counter Statement there is

nothing to justify the case advanced by the Second

Respondent. There is nothing to show that any enquiry

was conducted and the petitioner was terminated from

service by the First Respondent on the basis of the report

of enquiry. Apparently, the First Respondent has denied

work to the petitioner. In the absence of any justification

for the same the act of the First Respondent in terminating

the service of the petitioner amounts to retrenchment. The

petitioner was not given any notice, notice pay or

compensation before he was sent away. The First

Respondent is liable to reinstate the petitioner in service.

Accordingly an order is passed as below:

16.

The First Respondent is directed to reinstate the

petitioner in service with 25% backwages within a month

of publication of the Award. In case of default the amount

will carry interest @ 7.5% from the date of the award.

The reference is answered accordingly.

K.P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner :

WW1, Sri V. Murugan

WW2, Sri R. Varadharaju

For the 1st & 2nd Party/

:

None

Respondent

Documents Marked :

On the petitioner’s side

Ex.No.

Date

Description

Ext.W1

01.08.2009

Receipt for salary given by the

petitioner

Ext.W2

01.12.2009

Receipt for salary given by the

petitioner

Ext.W3

01.05.2014

Requisition sent by the

petitioner for permanency

Ext.W4

05.05.2014

Disability Certificate issued to

the petitioner

Ext.W6

23.08.2014

Reply furnished by NHAI to

Thiru Varadharaju, father of

the petitioner

Ext.W7

09.09.2014

Letter of the Asstt. Labour

Commissioner, Puducherry

Ext.W8

16.09.2014

Order passed by the District

Legal Services Authority

closing the petition

Ext.W9

23.09.2014

Conciliation Proceedings

Ext.W10

29.09.2014

Letter sent by the Asstt.

Labour

Commissioner

(Central) Puducherry

Ext.W11

01.12.2014

Letter sent by the Tamil Nadu

Legal Services Authority to the

Chairman

Ext.W12

10.12.2014

Statement

of

defence

submitted by the NHAI to the

Desk Officer

Ext.W13

12.12.2014

Notice issued by the Tribunal

Ext.W14

16.01.2015

Letter sent by the D.G.M.

(NHAI) to the Project Office

Ext.W15

16.01.2015

Letter sent by the D.G.M. to the

First Respondent

On the Management’s side

Ex.No

Date

Description

Ext.M1

01.05.2014

English version of the letter of

the petitioner for Permanency

Ext.M2

01.12.2014

English version of letter of

Varadharaju.

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New Delhi, the 2nd November, 2015

S.O. 2124.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 13/2014)

of the Central Government Industrial Tribunal-cum-

Labour Court, Chennai now as shown in the Annexure in

the Industrial Dispute between the employers in relation

to the management of the Central Institute of Classical

Tamil, Chennai and their workman, which was received

by the Central Government on 29/10/2015.

[No. L-42012/165/2013-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL- CUM - LABOUR COURT,

CHENNAI

Tuesday, the 13th October, 2015

Present :

K. P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 13/2014

[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 Central Institute of Classical Tamil

and their workman]

BETWEEN :

Smt. B. Kalpana

: 1st Party/Petitioner

AND

The Registrar

: 2nd Party/Respondent

Central Institute of

Classical Tamil

No. 44-44, LMV Building,

IRT Campus

100 Feet Road, Taramani

Chennai-600113

Appearance :

For the 1st Party/

:

M/s T. Sundaravadanam,

Petitioner

Advocates

For the 2nd Party/

:

M/s R. Parthiban, Advocates

Respondent

AWARD

The Central Government, Ministry of Labour and

Employment vide its Order No. L-42012/165/2013-IR(DU)

dated 25.02.2014 referred the following Industrial Dispute

to this Tribunal for adjudication.

The schedule mentioned in that order is:

“Whether the action of the management of Central

Institute of Classical Tamil, Chennai in terminating

the service of Smt. B. Kalpana, Lower Division Clerk

is legal and justified? If not to what relief the

concerned workman is entitled?”

2.

On receipt of the Industrial Dispute this Tribunal

has numbered it as ID 13/2014 and issued notice to both

sides. Both sides have entered appearance through their

counsel and filed claim and counter statement respectively.

3.

The averments in the Claim Statement filed by the

petitioner in brief are these:

The petitioner had joined the Central Institute of

Classical Tamil, Mysore as Data Input Operator in the

Project Critical Edition of Ancient Tamil Classics on

31.12.2007. She was given daily wages at the rate of Rs.

200/- and also honorarium of Rs. 75/- per day. The petitioner

was transferred to Chennai on 19.05.2008. She was

promoted as Lower Division Clerk and given consolidated

payment of Rs. 12,588/- w.e.f. 01.04.2010. She worked from

07.01.2008 to 27.03.2011 continuously for three years. She

applied for Maternity Leave for the period from 28.03.2011

to 30.06.2011, alongwith Medical Certificate. The petitioner

gave birth to a child on 05.05.2011. Because of the illness

of the child she applied for extension of leave upto

30.11.2011. After expiry of this period she went to the

Respondent Institution for joining duty and reported to

the Registrar. But the Registrar refused to permit her to

join duty. She was told that her services are terminated.

She issued lawyer notice to the Respondent and received

a reply that her services are on daily remuneration basis

and there is no provision to take Maternity Leave. The

dispute is raised accordingly. An order may be passed

directing the Respondent to reinstate the petitioner in

service with backwages, continuity of service and other

attendant benefits.

4.

The Respondent has filed Counter Statement

contending as below:

The petitioner had approached the Labour

Commissioner claiming that her contract was terminated

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THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

and Maternity Leave was not sanctioned to her. The

contract of the petitioner had ended on 31.03.2011. No

fresh contract was issued after this. The petitioner had

been engaged on temporary basis. There was no

requirement of continuing the service of the petitioner as

she had been appointed on short-term project. The

petitioner had joined the temporary position giving false

declaration that she had completed 12th standard. The

engagements of the petitioner was not by proper authority

or committee for appointment. It was only against a

particular project. Regular posts for the Respondent

Institute were sanctioned only during June 2010 and

Recruitment Rules were framed and approved by the

Ministry during September, 2011 only. The Governing

Board of the institute in meeting held in October 2012

instructed the Institute to restrict the temporary positions

operated to the sanctioned strength. No appointments

were made thereafter. Even in temporary positions the

strength of the temporary persons engaged was brought

down progressively to 52 from more than 100 that was

prevailing in March 2011. The petitioner is not entitled to

any relief.

5.

Subsequently the Respondent had filed additional

Counter Statement contending as below:

The Respondent Institution was started in the year

2008 on the basis of the scheme framed by the Central

Government in order to promote, propagate and preserve

the Tamil language. The purpose of the Respondent

institute is to do research works relating to the classical

phase of Tamil The objective of the Institute includes

organizing and offering educational and research programs

at Post Graduate Level in classical Tamil leading to Ph.D

and Post Doctoral Awards, supporting research projects

received from Universities and established institutions

and supporting such case studies as may be relevant to

the disciplines mentioned, organizing national and

international conferences, seminars and workshops and

supporting similar efforts in Universities and established

academic institutions, etc. In order to achieve the aims

and objectives of the Institute several faculties have been

established in the Institute. When the Institute was started

the Central Government had not sanctioned permanent

post and did not recruit any permanent employee. The

post of Director is being held by additional charge and the

Registrar who is working in the Institute is on deputation.

The Respondent Institute is a research Institute and is

mainly financed by Ministry of Human Resource

Department of the Central Government. It is not directly or

indirectly carrying on any trade or business. Its activities

do not result in production or distribution of goods or

service calculated to satisfy human wants and wishes.

The materials that were made by the Respondent

Institution produced out of research of ancient Tamil were

occasionally published, but they have never been sold in

public shops. The Respondent is not producing saleable

commercial materials at the market for any commercial

value. The Institute is registered as an Autonomous

Institution under Tamil Nadu Societies Registration Act.

The activity carried on by the Respondent does not fall

under the definition of Industry as given in Section-2(j) of

Industrial Disputes Act. The application of the petitioner

for Maternity Leave was received by the respondent only

on 04.04.2011, after expiry of the period of contract. The

appointment of the petitioner having been purely on

contract basis, by afflux of time the appointment came to

an end. The person holding such post can have no right

to continue in the post. The case of the petitioner directly

falls under Section-2(oo)(bb) of Industrial Disputes Act.

The petitioner in any case is not entitled to any relief.

6.

The evidence in the case consists of oral evidence

of WWs 1 to 4 and MW1 and Ext.W1 to Ext.W42 and

Ext.M1 to Ext.M16.

7.

The points for consideration are:

(i)

Whether the action of the Respondent in terminating

the service of the petitioner is legal and justified?

(ii)

What, if any is the relief to which the petitioner is

entitled?

The Points

8.

Admittedly the petitioner has started working with

the Central Institute of Classical Tamil as Data Input

Operator on 31.12.2007. At that time the Institute was

functioning from Mysore and the petitioner had been

working there. When the Institute was shifted to Chennai

the petitioner was brought to Chennai to work in the same

position. Subsequently, she was given the position of

Lower Division Clerk with a consolidated payment of Rs.

12,588/- Though the petitioner has stated in the Claim

Statement that she was given promotion, her engagement

as LDC is not termed as a promotion by the Respondent.

While she was working as Data Input Operator the position

of LDC seems to have been offered to her, as seen from

Ext.M10. This document is to the effect that the selection

committee has interviewed and selected the petitioner as

Lower Division Clerk. According to the petitioner she has

worked with the Respondent upto 27.03.2011. She is said

to have applied for Maternity Leave for the period from

28.03.2011 to 30.06.2011 alongwith Medical Certificate.

Subsequently extension of leave upto 30.11.2011 is said

to have been sought for. According to the petitioner she

had approached the Registrar of the Institute after

30.11.2011 to permit her to join duty but she was not

allowed. On the other hand she was told that she was

terminated from service.

9.

According to the Respondent the engagement of

the petitioner was project oriented and that also on

contract basis. The stand of the Respondent is that the

period of contract of the petitioner has expired on

30.06.2011 and thereafter the same was not renewed. It is

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4357

stated that the case of the petitioner will fall under Section-

2(oo)(bb) of ID Act. It is the further case of the Respondent

that in any case the Respondent is not an institution

running any industry and therefore the dispute will not

come under the purview of the ID Act.

10.

The case that is attempted to be advanced on behalf

of the petitioner is that she was illegally denied Maternity

Leave by the Respondent. According to the petitioner

she was under the impression that her application for

Maternity Leave has been accepted and allowed by the

Respondent. Only after she came back to the Institute to

join duty after the period of leave had expired she came to

know that it was not allowed. According to her, only when

she approached the Institute to join duty on expiry of the

period for leave she was told that her service is terminated.

11.

The petitioner has given evidence as WW1 in terms

of the Claim Statement. She has stated in her cross-

examination that she has applied for Maternity Leave and

it was accepted by the management also. According to

her, the Management did not give any letter sanctioning

the leave. Only oral sanction was given. According to her,

after expiry of the leave she had rejoined on 01.12.2011

and leave was extended orally by Professor Ramaswamy,

WW4.

12.

WW2 was the Director of the Respondent institution

at the time when the Counter Statement was filed. This

witness had been summoned by the petitioner to depose

on her behalf. This witness had no personal knowledge of

the engagement of the petitioner or the alleged refusal of

the Registrar to allow her to join duty. This witness has

stated that the contract of the petitioner had ended on

31.03.2011 and that is why she was not allowed to join

duty. She has further stated that the Maternity Leave

application of the petitioner was received at the office on

04.04.2011 only. According to the witness, a note was seen

made on the records that the petitioner is not eligible for

leave.

13.

WW3 another witness summoned by the petitioner

was also in-charge of the Director of the Respondent

Institution. He was there from 24.04.2015. This witness

also asserted during examination that leave application of

the petitioner was received at the office on 04.04.2011 only

and since the period of contract was over there was no

question of sanctioning the leave. The witness has stated

that leave could not be granted to a person who is not an

employee.

14.

WW4 was the Professor of the Institute and was in-

charge of the post of Dy. Director also. This witness had

come to give evidence on behalf of the petitioner. According

to this witness the petitioner had worked from 07.01.2008

to 27.03.2011 continuously for 3 years. She had applied

for maternity leave from 28.03.2011 to 30.06.2011 and this

was received by him as Officer-in-Charge of the Institution

and was forwarded to the Director. He has also stated in

the affidavit that the petitioner has given a second leave

application for 92 days from 01.07.2011 and a third one for

61 days on 01.10.2011.

15.

Ext.W8 is the application for Maternity Leave dated

28.03.2011. The Respondent has produced the original

application submitted by the petitioner at the Institute

and this has been marked as Ext.W8A. The date of receipt

of application shown in the document is 04.04.2011.

However, the document does not contain any seal. It has

been pointed out by the counsel for the Respondent that

throughout there was no case for the petitioner that she

has submitted the application on 28.03.2011 itself but only

that her application is for Maternity Leave for the period

of 3 months from 28.03.2011. WW4 has stated that he has

received the application at the institute on 28.03.2011.

However, he is not the authority to sanction the leave. He

is said to have forwarded the application to the Director.

But Ext.W8(A) which is apparently the application given

by the petitioner does not contain anything to show that

it was received at the office by him on 28.03.2011. The

only date shown in the document is 04.04.2011.

16.

As already stated the case of the Respondent is

that by the time the application of the petitioner reached

the office the period of her contract has expired and her

service has come to an end by afflux of time. According to

the Respondent there was no question of allowing the

application since the petitioner has already ceased to be

an employee of the institution. Ext.M10 is the document

engaging the petitioner as Lower Division Clerk. The

document specifies that the engagement is purely on

temporary basis and is upto 31.03.2011 only. It further

states that she will be entitled to special casual leave at

the rate of 2.5 days for every completed month. She will

not be allowed any Special Casual Leave at any time during

the period of engagement. There is a further condition

that the assignment can be terminated by the Institute

authorities at any time without assigning any reason or

prior notice. The petitioner had accepted the terms and

conditions prescribed in Ext.M10 and has accepted the

engagement as seen from Ext.M11. She has stated in it

specifically that she undertakes to abide by the terms and

conditions as stipulated. She has further stated that she

has understood that the Institute reserves the right to

engage her only for the period her expertise is needed.

17.

The counsel for the Respondent has relied upon the

decision in BHAVNAGAR MUNICIPAL CORPORATION

VS. SALIMBHAI UMARBHAI MANSURI reported in

2013 14 SCC 456 to advance his argument that the case

comes under Section-2(oo)(bb) of the Industrial Disputes

Act. In the above case that the service of the workman

was terminated on the expiry of the fixed period. The Apex

Court has held that the contract of appointment

consciously entered into by the employer and the employee

4358

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

would indicate that the employment is short-lived and the

same is liable to termination on the fixed period mentioned

in the contract of appointment. Section-2(oo)(bb) states

that if termination of the service of the workman is as a

result of non-renewal of the contract between the employer

and the workman on its expiry such contract being

terminated under a stipulation in that behalf contained

therein the same would not constitute retrenchment. In

the present case the petitioner was bound by Ext.M10,

she having acceded to it by Ext.M11. The period of her

contract had expired on 31.03.2011. There is nothing to

show that her application for leave was received at the

office on 28.03.2011 or any date prior to 31.03.2011 on

which date the contract was to expire. So it is to be presumed

that service of the petitioner had ended on expiry of the

period of contract on 31.03.2011 and she has ceased to be

an employee of the Respondent Institute from that date.

18.

Even assuming that the case of the petitioner that

she had applied for Maternity Leave on 28.03.2011 and

was entitled to continue in the Institute in spite of the

specified period mentioned in the contract for employment

she would not be entitled to any relief from this Tribunal

for the reason that the Respondent institute is not an

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

Disputes Act. In the additional Counter Statement the

Respondent has specifically raised a contention that it is

not an industry as defined in Section-2(j) of the Industrial

Disputes Act. The Respondent has stated that the main

object of the Institute is to do research works relating to

the classical phase of Tamil and the Institute is fully

engaged in research in documenting and preserving

objects and documents relating to the classical phase of

Tamil. The Memorandum of Association of the Institute

which is registered under the Societies Registration Act

of Tamil Nadu is produced by the Respondent. It is stated

that several faculties are established in the Institute to

achieve the aims and objectives. In spite of this, no posts

were sanctioned for the Institute until the year 2010. Rules

were framed for this still later.

19.

MW1, the witness for the Respondent has stated

about the nature of work done at the Institute. He has

spoken about the aims and objects of the Institute also.

He has stated that though some works are published, these

are not sold in public shops but only during certain

exhibitions, etc. WW4 also has stated that books published

by the Institute will not be available in the shops. He has

stated that the books in the Institution used to be sold in

different exhibitions only. He deposed that the object of

the Institute is dissemination of information about classical

Tamil all through the world. Only those persons interested

in Tamil would come and get the books from the Institution.

Thus it is clear that publication of books by the Institute

is only to achieve its aim and objectives. Only the materials

obtained at the Institute by way of research are published

as books. They are not intended to gain any profit for the

Institute.

20.

The counsel for the Respondent has pointed out

with reference to legal pronouncements that the Institute

would not come under the definition of Industry in the

above context. The counsel has referred to the decision of

the Apex Court in PHYSICAL RESEARCH LABORATORY

Vs. K.G. SHARMA reported in 1997 4 SCC 257 in support

of his argument. The Physical Research Laboratory is an

Institute coming under the Government of India,

Department of Space engaged in pure research in space

science. It was doing research in Astronomy and

Astrophysics, Planetary Atmosphere and Aeronomy, Earth

Sciences and Solar System Studies and Theoretical

Physics. The Apex Court held that it is not directly or

indirectly carrying on any trade or business and its

activities do no result in production or distribution of

goods or services calculated to satisfy human wants and

wishes. The workman in the above case had raised

Industrial Dispute questioning age of his retirement. The

Labour Court has found that the workman is not entitled

to any relief since Physical Research Laboratory is not an

industry and this finding was upheld by the Apex Court.

The counsel for the Respondent has drawn parallels from

the decisions of several High Courts also in support of his

argument. The Allahabad High Court has found in

GANESH CHANDRA SINGH Vs. UNION OF INDIA

reported in 1981 LAB I.C. 781 that National Sugar Institute

is not an Industry. The Karnataka High Court has found in

the decision in VIJAY KUMARI PILLAI Vs. THE

MANAGEMENT OF INDIAN INSTITUTE OF SCIENCE

reported in 2012 3 LLJ 627 that the Institute is not an

Industry. The Madhya Pradesh High Court has found in

PROJECT DIRECTOR Vs. MAMTA SRIVASTAVA reported

in 2005 (4) MPHT 396 that Saksharta Mission and Adult

Educational Program is not an Industry.

21.

Apparently, the Respondent is an Institute

conducting research on Classical Tamil. It is not doing

anything with the object of making profit. Similar

institutions were found to be not Industry by the Apex

Court and different High Courts. The Respondent Institute

also would not come under the definition of Industry. So

in any case the petitioner would not be entitled to any

relief on the basis that she is a workman coming under the

Industrial Disputes Act. For this reason, in any case the

petitioner is not entitled to any relief.

In view of my discussion above, the reference is

answered against the petitioner. An award is passed

accordingly.

K. P. PRASANNA KUMARI, Presiding Officer

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4359

Witnesses Examined:

For the 1st Party/

:

WW1, Smt. B. Kalpana

Petitioner

WW2, Ms. V.G. Bhooma

WW3, Prof. R. Gnanamoorthy

WW4, Sri K. Ramaswamy

For the 2nd Party/

:

MW1, Dr. M. Muthuvelu

Management

Documents Marked:

On the petitioner’s side

Ex.No.

Date

Description

Ext.W1

26.06.2009

Community Certificate

Ext.W2

March 2003

10th Mark Statement

Ext.W3

31.12.2007

Appointment Order issued by

the Respondent Institution

and ID Card issued by the

Respondent

Ext.W4

16.05.2008

Transfer Order issued to

petitioner by the Respondent

Institution

Ext.W5

19.05.2008

Representation made by the

petitioner to Respondent

Institution

Ext.W6

12.03.2010

Promotion Order and pay

revised

order

by

the

Respondent Institution

Ext.W7

12.11.2010

Pay Revision Order by the

Respondent Institution

Ext.W8

28.03.2011

Representation made by the

petitioner for Medical Leave for

maternity

Ext.W8(A) 28.03.2011

Leave application alongwith

medical certificate received by

the Respondent Institute on

04.04.2011 (original Leave

application has been filed)

Ext.W9

05.07.2011

Medical Certificate and advise

to the petitioner

Ext.W10

22.03.2012

Representation made by the

petitioner to Respondent

Institution

Ext.W11

26.03.2012

Representation made by the

petitioner to the Secretary, HRD

Department, New Delhi

Ext.W12

26.03.2012

Representation made by the

petitioner to the Governor of

Tamil Nadu

Ext.W13

10.04.2012

Representation made by the

petitioner to the Secretary, HRD

Department, New Delhi

Ext.W14

11.04.2012

Representation made by the

petitioner to the Secretary, HRD

Department, New Delhi

Ext.W15

12.04.2012

Representation made by the

petitioner to the Chief Minister

of Tamil Nadu

Ext.W16

12.04.2012

Representation made by the

petitioner to Commission for

Scheduled

Castes

and

Scheduled Tribes

Ext.W17

12.04.2012

Representation made by the

petitioner to the Chief Minister

of Tamil Nadu

Ext.W18

16.04.2012

Representation made by the

petitioner to Respondent

Institution

Ext.W19

19.04.2012

Communication from Tamil

Development Department to

the petitioner

Ext.W20

02.05.2012

Representation made by the

petitioner to the President of

India

Ext.W21

09.05.2012

Communication

from

Commission for Scheduled

Castes and Scheduled Tribes

Ext.W22

14.05.2012

Representation made by the

petitioner to the Commission

for Scheduled Castes and

Scheduled Tribes

Ext.W23

14.05.2012

Representation made by the

petitioner to the Prime Minister

of India

Ext.W24

09.06.2012

Representation made by the

petitioner to the Respondent

Institution and Others

Ext.W25

09.06.2012

Legal notice sent by the

petitioner to the Respondent

Institution

Ext.W26

12.06.2012

Representation made by the

petitioner to the Commission

for Scheduled Castes and

Scheduled Tribes

Ext.W27

12.06.2012

Representation made by the

petitioner to the Chief Minister

of Tamil Nadu

Ext.W28

12.06.2012

Representation made by the

petitioner to the Tamil Nadu

Commission for Women

4360

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

Ext.W29

15.06.2012

Representation made by the

petitioner to the Secretary, HRD

Department, New Delhi

Ext.W30

14.09.2012

Representation made by the

petitioner to the Secretary, HRD

Department, New Delhi

Ext.W31

20.06.2012

Representation made by the

petitioner to the Respondent

Institution and Others

Ext.W32

26.06.2012

Representation made by the

petitioner to the Secretary, HRD

Department, New Delhi

Ext.W33

26.06.2012

Representation made by the

petitioner to the National

Commission for Women

Ext.W34

27.06.2012

Communication sent by the

President of India

Ext.W35

29.06.2012

Reply sent to the petitioner by

the Respondent Institution

Ext.W36

07.05.2012

Communication sent to the

Respondent Institution by

Tamil

Development

Department

Ext.W37

28.03.2013

Representation made by the

petitioner to the Chief

Secretary, Tamil Nadu and

Others

Ext.W38

07.06.2013

Reply sent to the petitioner by

the Respondent Institution

Ext.W39

20.06.2013

Representation made by the

petitioner to the President of

India

Ext.W40

04.07.2013

Representation made by the

petitioner to the Labour

Department, Chennai

Ext.W41

20.10.2010

Minutes of Governing Board

Ext.W42

28.04.2011

Cumulative

Physical

achievements of the year 2010-

2011

On the Management’s side

Ex.No.

Date

Description

Ext.M1

26.12.2007

Copy of the resume submitted

by the petitioner

Ext.M2

-

Copy of the mark sheets

submitted by the petitioner

Ext.M3

27.12.2007

Offer made by the Respondent

to the petitioner as Data Input

Operator

Ext.M4

31.12.2007

Acceptance of the petitioner as

Data Input Operator

Ext.M5

04.01.2008

Copy of the Joining Report

Ext.M6

25.06.2010

Letter from MHRD to the

Respondents

Ext.M7

19.08.2011

Copy of the letter from MHRD

to the Respondent

Ext.M8

31.05.2007

Copy of the minimum

qualifications for the post as

Data Input Operator

Ext.M9

16.05.2008

Petitioner and other staff were

transferred to Chennai

Ext.M10

12.03.2010

Engagement of the petitioner

by the Respondent Institution

on contract basis for a fixed

period

(01.04.2010

to

31.03.2011)

Ext.M11

01.04.2010

Accepting the terms and

conditions, petitioner joined

duty

Ext.M12

-

Extract of the Finance

Committee of the Institute

Ext.M13

04.07.2013

Representation made by the

petitioner to ACL

Ext.M14

20.11.2013

Parawise comments submitted

by the Respondent’s Institute

before ACL

Ext.M15

28.11.2013

Conciliation Failure Report

Ext.M16

21.01.2009

Memorandum of Association

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New Delhi, the 2nd November, 2015

S.O. 2125.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 44/2014)

of the Central Government Industrial Tribunal-cum-

Labour Court, Chennai now as shown in the Annexure in

the Industrial Dispute between the employers in relation

¹Hkkx IIó[k.M 3(ii)º

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4361

to the management of the Madras Fertilizers Limited,

Chennai and their workmen, which was received by the

Central Government on 29/10/2015.

[No. L-42012/91/2012-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL- CUM - LABOUR COURT,

CHENNAI

Friday, the 16th October, 2015

Present :

K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 44/2014

[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 Madras Fertilizers Ltd. and their

workman]

BETWEEN :

Sri K.R. Kumaran

: 1st Party/Petitioner

AND

The Chairman-cum-

: 2nd Party/Respondent

Managing Director

M/s Madras Fertilizers Ltd.

Post Bag No. 2

Manali, Chennai-600068

Appearance:

For the 1st Party/Petitioner

: M/s K.M. Ramesh,

Advocates

For the 2nd Party/Respondent : M/s P. Chandrasekhar

& H. Rekha, Advocates

AWARD

The Central Government, Ministry of Labour &

Employment vide its Order No. L-42012/91/2012-IR (DU)

dated 19.05.2014 referred the following Industrial Dispute

to this Tribunal for adjudication.

The schedule mentioned in that order is:

“Whether the action of the Management of Madras

Fertilizers Ltd. in terminating Sri K.R. Kumaran from

the service w.e.f. 29.08.2007 is legal and justified? If

not, to what relief Sri Kumaran is entitled?”

2.

On receipt of the Industrial Dispute this Tribunal

has numbered it as ID 44/2014 and issued notices to both

sides. Both sides have entered appearance through their

counsel and filed Claim and Counter Statement

respectively.

3.

The averments in the Claim Statement filed by the

petitioner are as below:

The Respondent is a Public Sector Undertaking and

is controlled by the Ministry of Chemicals and Fertilizers

of the Government of India. The petitioner joined the

service of the Respondent on 07.09.1992 as Technical

Assistant (Trainee). After completion of the training period

he was appointed as technical Assistant in September 1994

and was posted to work in Production Plant Group. The

petitioner was discharging his duties faithfully and

efficiently. The last drawn salary of the petitioner is Rs.

17,000/-. The petitioner had applied for leave for 60 days

on 28.02.2007. He attended duty after 03.03.2007. 4th and

5th of March were weekly off days. The leave application

of the petitioner was not rejected till 03.03.2007. He availed

the leave sought for by him from 06.03.2007. The petitioner

had presumed that his leave has been granted. The

petitioner submitted his resignation on 30.03.2007. On

13.04.2007 the Respondent belatedly issued a letter stating

that the leave sought for by him has been refused and his

resignation has not been accepted. The petitioner was

directed to report for duty. The petitioner sent a letter to

the Respondent on 07.05.2007 requesting to accept the

resignation and relieve him from duty. Thereafter, the

Respondent issued Charge Memo dated 30.05.2007 alleging

that the petitioner has been absent from duty from

07.03.2007 without prior sanction of leave, he had gone

abroad and failed to obtain permission from the competent

authority before leaving the Headquarters, he had

engaged himself in employment of others without proper

relief and he had failed to follow the prescribed rules of

the Company. In spite of the explanation submitted by the

petitioner the Respondent had appointed an Enquiry

Officer and conducted an enquiry. The Enquiry Officer

had sent notice asking the petitioner to appear for enquiry

to be held on 16.07.2007. On receipt of the said notice the

petitioner sent a fax message requesting to postpone the

enquiry. The enquiry was postponed to 31.07.2007. The

enquiry seems to have been adjourned to 02.08.2007 on

which date the petitioner was set ex-parte and the enquiry

was concluded. Thereafter the Respondents sent a Show

Cause Notice stating that the Management had accepted

the report of the Enquiry Officer and the petitioner is to

submit his explanation. As requested by the petitioner he

was asked to appear on 21.08.2007. When the petitioner

went to the Company he found that no enquiry was

conducted in his presence. The petitioner sent a letter to

the General Manager requesting to accept his resignation

and relieve him from service. While the petitioner was

awaiting reply the Management issued an order dated

29.08.2007 terminating his services. The action of the

Respondent in terminating the service of the petitioner is

illegal and unjustified. The punishment awarded to him is

shockingly disproportionate also. The petitioner is entitled

to be reinstated in service of the Respondent with

backwages, continuity of service and other attendant

benefits.

4362

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

4.

The Respondent has filed Counter Statement

contending as below:

The petitioner was on unauthorized absence since

06.03.2007 and until his dismissal from service. The

Respondent has communicated to the petitioner that since

he had gone abroad without proper approval his

resignation is not accepted and that he should report for

duty immediately. The petitioner did not attend the

domestic enquiry even after several reminders. So the

enquiry had to be conducted ex-parte. The petitioner was

issued with a letter dated 06.08.2007 seeking his explanation

on the report of the Enquiry Officer. Instead of giving

explanation he made a plea to accept his resignation. The

petitioner had joined in a job abroad without proper relief

from the Company. So it is dual employment and therefore

his representation to accept his resignation was not

considered. The petitioner was dismissed from service

following due process of law and in accordance with the

principles of natural justice. The petitioner had willfully

absented himself unauthorizedly from 06.03.2007 till

29.08.2007, the date of his dismissal and thereby has

voluntarily abandoned his employment. The petitioner is

not entitled to any relief.

5.

The petitioner has filed rejoinder denying the

allegations in the Counter Statement and reiterating his

case in the Claim Statement.

6.

The petitioner having contended that the domestic

enquiry by the Respondent was not conducted in a fair

and proper manner the matter was heard as a preliminary

point and was found against the petitioner. So there is no

necessity to consider the issue regarding fairness of

enquiry in the main dispute.

7.

The evidence in the case consists of oral evidence

of WW1 and documents marked as Ext.W1 to Ext.W19.

8.

The points for consideration are:

(i)

Whether the action of the Respondent in terminating

the petitioner from service w.e.f. 29.08.2007 is legal

and justified?

(ii)

What, if any is the relief to which the petitioner is

entitled?”

The Points

9.

The petitioner who had been employed in the

Madras Fertilizers Ltd., the Respondent submitted a leave

application on 28.02.2007 for leave for 60 days. He left the

establishment even before the leave was sanctioned. He

had worked in the institution upto 03.03.2007. He availed

leave from 06.03.2007 on the basis of his leave application

though his leave was not sanctioned or communicated to

him. It is the case of the petitioner that he sought leave on

the ground that he has been selected for final interview

for a job at Saudi Arabia and that is why he had left on

06.03.2007 itself. According to the petitioner, he presumed

that his leave application has been sanctioned. On

reaching Saudi Arabia, probably because his job there

was confirmed, he sent resignation letter to the Respondent

on 30.03.2007. The Respondent had sent a reply to him on

30.04.2007 stating that the leave sought for by him has

been refused and his resignation could not be accepted.

He was directed to report for duty. However, the petitioner

did not report for duty. He sent another letter to the

Respondent requesting to accept his resignation and

relieve him from service. The Respondent initiated

disciplinary proceedings against the petitioner, conducted

an enquiry and dismissed him from service. Even though

the petitioner received notice of the Enquiry Officer to

attend the enquiry proceedings, he was seeking

postponement again and again. Ultimately, enquiry was

conducted in his absence and a report was given. On the

basis of the report the Respondent had again asked the

petitioner to submit his explanation regarding the enquiry

report. The petitioner sought for time and wanted the

matter to be posted within some particular dates. The

Respondent obliged and asked him to appear on 21.08.2007.

After hearing him the Respondent dismissed the petitioner

from service.

10.

The petitioner has raised the dispute years after his

dismissal from service on 29.08.2007. The dispute is seen

raised before the Asstt. Labour Commissioner on 04.01.2012

only. Though all along the petitioner had been asking the

Respondent to accept his resignation, in the Claim

Statement the petitioner has claimed the relief of

reinstatement in service with backwages, continuity of

service and other attendant benefits on holding that his

termination is not legal and justified.

11.

The argument that is advanced on behalf of the

counsel for the petitioner is that the petitioner has properly

submitted his leave application and the same should have

been accepted. He was under the impression that the same

was accepted. It is further argued by the counsel that the

absence of the petitioner was under compelling

circumstances.

12.

The counsel for the petitioner has referred to the

provisions regarding leave in the Standing Orders of the

Respondent. He has referred to Clause-17.6 of the Standing

Orders which states that application for leave under

Clause-17.5 shall be disposed of within 4 days. According

to the counsel the leave application was not disposed

within the period or any communication given to the

petitioner and he was under the impression that the same

was sanctioned. Clause-17.3 of the Standing Orders states

that a workman who decides to obtain leave of absence

shall apply to the sanctioning authority in advance and

shall not avail of the same before it is actually sanctioned

except in case of extreme emergencies. Again, as per

Clause-17.4 except in an emergency even applications for

leave for three days or less should be made at least

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4363

24 hours prior to the time from which the leave is required.

As per Clause-17.5 applications for leave for more than 3

days should be made at least 7 days before the date from

which the leave is required. As per Clause-17.8 before

proceeding on leave the workman should inform the

Officer-in-Charge of the Section or the department in which

he is employed, of his address during the period of leave.

On reading Clause-17.4 and Clause-17.5 together it can be

seen that the exception in the case of an emergency is

available only for leave for three days or less and not for

leave for more than 3 days. An application for leave for

more than 3 days should necessarily be given at least 7

days before the date from which leave is required. The

petitioner had submitted his leave application on 28.02.2007

which is not in compliance with Clause-17.5 of the Standing

Orders. As seen from this clause the authority should

get at least 7 days before the date from which the workman

is to avail leave. In the case of the petitioner having applied

for leave on 28.02.2007 he left the office on 03.03.2007 and

is said to have left the station itself on 06.03.2007. No doubt

as per Clause-17.6 the application for leave should have

been disposed of within 4 days. The petitioner did not wait

for expiry of even these four days. The petitioner could

have left the station only after sanctioning of leave has

been communicated to him. As seen from Clause-17.2 leave

cannot be sanctioned as of right and can be granted only

after considering the exigencies of work. The sanctioning

authority has the discretion to revise, curtail or revoke leave

at any time according to the requirement of work.

13.

The case of the petitioner is that he was under the

impression that leave was sanctioned and that is why he

has left. Even giving allowance to this assumption on the

part of the petitioner it could be seen that he was informed

in black and white by the Respondent that his leave has

not been sanctioned. This was in response to the letter of

resignation sent by the petitioner to the Respondent. In

the communication the petitioner was asked to report for

duty. But the petitioner has not obliged. He continued

abroad at his place of work. It was when he failed to report

for duty in spite of direction disciplinary proceedings has

been initiated against the petitioner. Even though, the

proceedings was postponed to different dates at the

request of the petitioner, he failed to participate in the

proceedings apparently for the reason that he still remained

abroad and was working there. There was no reason for

the petitioner not to take note of the communication given

by the Respondent that his leave is not sanctioned.

14.

The charges against the petitioner in the disciplinary

proceedings were that he absented from duty w.e.f.

06.03.2007 without prior sanction of leave, he went abroad

and failed to obtain prior permission of the competent

authority before leaving headquarters, he engaged himself

in employment of others without proper relief in violation

of the rules of company and failed to follow the prescribed

rules of the Company and his absence has caused

disruption in the work schedule. The charges for

misconduct were under Clause-23.1 (15), 23.1 (44), 23.1

(63) and 23.1 (69). As per Clause-23.1(15) absence without

permission exceeding 8 consecutive days is a misconduct.

Clause-23.1(44) is to the effect that any act subversive of

discipline of the Company is a misconduct. Clause 23.1

(63) is engaging in self employment or in employment of

others to the detriment of the company. Clause-23.1(69) is

leaving the Headquarters without prior permission of the

Company. Apparently, the petitioner had committed all

these misconducts. Even though an application for leave

was submitted he had left without waiting for sanction of

the leave. There is nothing to show that he had obtained

permission from the authorities to leave the station.

15.

There was sufficient opportunity to the petitioner

to come back and join duty when he was informed that his

leave is not sanctioned. Disregarding this he continued at

his place of work abroad. His only demand at the time was

that his resignation letter should be accepted. Even though

he was informed that it could not be accepted because of

his absence from duty without prior permission, he did

not try to come back or join duty. So it is to be treated as

abandonment of service. The very fact that the petitioner

has raised the dispute only after more than 5 years of his

dismissal also would show that he had abandoned his

service because of his employment abroad. He did not

find time to come back and challenge the proceedings.

16.

The counsel for the petitioner has referred to the

decision in KRUSHANAKANT B. PARMAR Vs. UNION

OF INDIA AND ANOTHER reported in AIR 2013 SC (Supp)

42 to support his argument that the absence of the

petitioner was under compelling circumstances. In the

above case the Apex Court has found that if the absence

from duty was the result of compelling circumstances under

which it was not possible to report or perform duty such

absence cannot be held to be willful. The absence of the

petitioner cannot be said to be the result of compelling

circumstances. His continuing in his job abroad could

never be taken as a compelling circumstances for his

absence from duty. On the other hand it would only show

that he had abandoned his position in the Respondent

establishment. He demand was only acceptance of

resignation which would also show that he had abandoned

the job and had no intention to rejoin the service of the

Respondent. So the present request of the petitioner to be

reinstated in service could not be acceded to in any case.

The petitioner is not entitled to any relief under the

circumstances.

17.

In view of my discussion above, the reference is

answered against the petitioner. An award is passed

accordingly.

K. P. PRASANNA KUMARI, Presiding Officer

4364

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

Witnesses Examined :

For the 1st Party/

:

WW1, Sri K.R. Kumaran

Petitioner

For the 2nd Party/

:

None

Management

Documents Marked :

On the petitioner’s side

Ex.No.

Date

Description

Ext.W1

18.02.2007

Xerox copy of letter from

Petitioner to the General

Manager,

P&A

of

the

Respondent

Ext.W2

30.03.2007

Xerox copy of letter from

Petitioner to the General

Manager,

P&A

of

the

Respondent.

Ext.W3

13.04.2007

Xerox copy of letter from

Respondent to the Petitioner

Ext.W4

07.05.2007

Xerox copy of letter from

Petitioner to the General

Manager,

P&A

of

the

Respondent

Ext.W5

30.05.2007

Xerox copy of charge memo

issued to the petitioner

Ext.W6

02.07.2007

Xerox copy of letter from

Petitioner to the General

Manager,

P&A

of

the

Respondent

appointing

enquiry officer and presenting

officer

Ext.W7

09.07.2007

Xerox copy of letter from

enquiry officer to the petitioner

Ext.W8

16.07.2007

Xerox copy of letter from

petitioner to the enquiry Officer

Ext.W9

16.07.2007

Xerox copy of letter from

enquiry officer to the

petitioner.

Ext.W10

02.08.2007

Xerox copy of the enquiry

report

Ext.W11

06.08.2007

Xerox copy of letter from

General Manager, (P&A) of the

Respondent enclosing enquiry

report

Ext.W12

11.08.2007

Xerox copy of letter from

Petitioner to the General

Manager

P&A

of

the

Respondent

Ext.W13

14.08.2007

Xerox copy of letter from

General Manager, P&A of the

Respondent to the petitioner

Ext.W14

21.08.2007

Xerox copy of letter from

Petitioner to the General

Manager

P&A

of

the

Respondent

Ext.W15

29.08.2007

Xerox copy of the order issued

by the General Manager

(P&A) of the Respondent

imposing the punishment of

dismissal from service against

the petitioner

Ext.W16

13.09.2007

Xerox copy of letter from

Petitioner to the Respondent

Ext.W17

28.11.2011

Xerox copy of letter from

Deputy General Manager

(P&A) of the Respondent to

Under

Secretary

to

Government, Department of

Chemicals and Fertilizers, New

Delhi

Ext.W18

04.01.2012

Xerox copy of the petition filed

by the Petitioner before the

Asstt. Labour Commissioner

(Central), Chennai-9

Ext.W19

18.01.2012

Xerox copy of the remarks filed

by the Respondent before the

Asstt. Labour Commissioner

(Central), Chennai

On the Management’s side

Ex.No.

Date

Description

Nil

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19@2015) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks

30-10-2015 dks izkIr gqvk FkkA

¹la- ,y&30012@10@2015&vkbZvkj (,e)º

uohu diwj] voj lfpo

New Delhi, the 2nd November, 2015

S.O. 2126.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 19/2015)

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4365

of the Central Government Industrial Tribunal/Labour

Court-2, Chandigarh now as shown in the Annexure in the

Industrial Dispute between the employers in relation to the

management of M/s. Prakash Construction and their

workman, which was received by the Central Government

on 30-10-2015.

[No. L-30012/10/2015-IR (M)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present :

Sri Kewal Krishan, Presiding Officer

Case No. I.D. No.19/2015

Registered on 18.5.2015

Sh. Raj Kumar, S/o Sh. Mahender Ram,

Village-Munak Dera, 6 Hazara Pul,

Post-Munak, Distt.Karnal

...Petitioner

Versus

M/s Prakash Construction,

House No.1069-P, Sector-13-17,

HUDA, Panipat, Haryana

...Respondent

APPEARANCES :

For the Workman

:

Workman ex parte

Management

:

Sh. Vikram Kumar

AWARD

Passed on:-28.9.2015

Vide Order No. L-30012/10/2015-IR(M), dated

27.4.2015 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 M/s

Prakash Construction in terminating the services of

Sh. Raj Kumar S/o Sh. Mahender Ram w.e.f. 25.7.2014

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

to and from which date?”

A notice was sent to the workman who appeared in

person, but did not come present on 3.9.2015. A letter was

received in this office on 1.9.2015 on behalf of the workman

in which he stated to withdraw the case as he affected

compromise. In view of his letter, the matter stand

compromised.

Since the matter has been compromised between

the parties, the reference is answered against the workman

and he is not entitled to any relief in this reference. A copy

of the award be sent to the Central Government for further

necessary action.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh] 2 uoEcj] 2015

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vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;] xksnkojh[kkuh ds iapkV

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¹la- ,y&17025@5@2015&vkbZvkj (,e)º

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New Delhi, the 2nd November, 2015

S.O. 2127.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 46/2015)

of the Industrial Tribunal/Labour Court, Godavarikhani now

as shown in the Annexure in the Industrial Dispute between

the employers in relation to the management of M/s. Life

Insurance Corporation of India and their workman, which

was received by the Central Government on 30-10-2015.

[No. L-17025/5/2015-IR (M)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

BEFORE THE CHAIRMAN, INDUSTRIAL TRIBUNAL-

CUM-LABOUR COURT-CUM-VI ADDL. DIST. &

SESSIONS COURT, GODAVARIKHANI

Present :

SRI G. V. KRISHNAIAH, Chairman-cum-

Presiding Officer

Thursday, on this the 1st day of October, 2015

INDUSTRIAL DISPUTE No. 46 OF 2015

Between:

Smt. Mary Grace, W/o. Jagadishwar,

Aged 45 years, R/o.H.No.25-6-341,

Vishnupuri, Kazipet, Warangal District,

Temporarily came down to Peddapalli

V/o. Peddapalli Mandal,

Karimnagar District

...Petitioner.

-And-

1.

The Branch Manager,

Life Insurance Corporation of India,

Peddapalli.

4366

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

2.

The Divisional Manager,

Life Insurance Corporation of India,

near Tower Circle, Karimnagar.

3.

The Zonal Manager,

Life Insurance Corporation of India,

South Central Zone, Zonal Office,

Secretariat Road, Saifabad,

Hyderabad.

4.

The Chairman, Central Office,

Life Insurance Corporation of India,

Yogaskhema Jeevan Bharathi,

Post Box No.19953, Bombay

...Respondents

This Industrial Dispute petition coming on before

me for final hearing in the presence of Sri S. Bhagavantha

Rao & Smt. S.V. Ramadevi, Advocates, for the petitioner

and no representation for the respondents, and the matter

having stood over before me for consideration till this

date, the Court passed the following:-

AWARD

1.

The averments of the petition in brief are that the

petitioner was appointed as an Assistant in Mancherial

Branch by the Divisional Manager, LIC Karimnagar on

19-1-1996. The petitioner was paid salary of Rs.3,000/- per

month. Petitioner worked 2 years in Mancherial Branch,

7 years in Huzurabad Branch and 4 years in Narsampet

Branch. In the year 2009, the petitioner was transferred to

Peddapalli Branch at her request. Unfortunately the

petitioner used to absent due to her personal problems at

her house and also due to the health problems of her son

and her ill health. The husband of the petitioner used to

beat the petitioner and her children in a drunken condition.

2.

The petitioner was foisted a false charge of

absenteeism in the year 2009 duly issuing a charge sheet

dt. 8-12-2009 and also issued show cause notice dt. 23-2-2010

and she was terminated from service on 22-3-2010. The

charges levelled against the petitioner are as follows:-

CHARGES:-

(i)

That you have absented yourself from your office

duties in an un-authorized manner on 30-4-2009,

27-5-2009 to 29-5-2009 and 18-9-2009 to 19-9-2009,

24-9-2009 without any leave and information to

the officer.

(ii)

That you have been again continuously absenting

yourself from your office duties in an

unauthorized manner since 30-9-2009 without any

leave and intimation to the office in writing.

(iii)

That you have been sent a letter dt. Nil seeking

sick leave without enclosing the necessary

Medical certificate and without mentioning the

period of leave required, which is not valid.

(iv)

That for the letters dt. 8-10-2009, 21-10-2009,

29-10-2009 addressed to you by the Branch that

was sent to you by Regd. Post Ack., due, you

have neither replied nor resumed to duties.

(v)

That a letter dt.21-10-2009 addressed to you was

sent by Regd.Post informing your unauthorized

absence on 30-4-2009, 27-5-2009 to 29-5-2009,

18-9-2009 to 19-9-2009, 24-9-2009, 30-9-2009

onwards and directing you to appear before

Dr. D.C.Thirupathi Rao, Divisional Medical

Referee for medical examination was not

responded by you.

(vi)

That one more letter dt. 3-11-2009 addressed to

you to appear before Medical examiner and

instructions thereof which was sent by Regd.

Post. Ack., due, to your two addresses available

with us was not complied with. One letter sent to

Peddapalli address was returned undelivered by

postal authorities mentioning that you are not

staying in the address and another letter sent to

Kazipet was delivered. However you have neither

replied nor resumed to duties as directed.

(vii)

That you thus, continued to remain

unauthorisedly absent from office duties from

30-9-2009 onwards in breach of Regulations 21,

24, 30(1) & (2) of the LIC of India (Staff)

Regulations, 1960 for which act of misconduct

any one or more of the penalties specified under

Regulation 39(1)(a) to (g) of the aforesaid (staff)

Regulations can be imposed on you.

3.

The petitioner did not receive charge memo, charge

sheet, enquiry reports and removal order. The respondents

conducted exparte enquiry into the charges behind back

of the petitioner without supplying any documents and

also without paying any subsistence allowance. The

petitioner is suffering a lot of economical difficulties ever

since the date of her termination. Therefore, the petitioner

prays to direct the respondents to reinstate her into service

with continuity of service, attendant benefits and with full

back wages.

4.

The respondents have not filed counter and there is

no representation on their behalf on 28-9-2015.

5.

Heard the learned counsel for the petitioner.

6.

On behalf of the petitioner, Ex.W-1 to Ex.W-9 are

marked. No documents are marked on behalf of the

respondents.

7.

Counsel for the petitioner filed Memo U/sec.11-A of

ID Act stating that the petitioner is not disputing the

validity of domestic enquiry and to decide the matter on

the gravity of charges.

8.

Now the point for consideration is:-

“Whether the punishment of removal from service

is justified?

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4367

9.

Point :

Letter dt.11-1-1996 under Ex.W-1 shows the

petitioner was selected as “Assistant” and allotted to

Karimnagar Division by the respondents’ LIC. Order dt.

9-9-1996 under Ex.W-2 shows that the petitioner was

confirmed as Assistant. Charge sheet is marked as Ex.W-3

and it is seen that the petitioner did not give any

explanation thereto. It shows the petitioner absented to

duties unauthorisedly without any leave or intimation on

30-4-2009, 27-5-2009 to 29-5-2009, 18-9-2009, 19-9-2009,

24-9-2009 and from 30-9-2009 onwards; and she did not

appear before the doctor for medical examination as per

the letters dt.21-10-2009 and 3-11-2009; and that she

continued to remain unauthorisedly absented to her duties,

Show cause notice dt.23-2-2010 under Ex.W-4 shows that

there is no response from the petitioner and that enquiry

was conducted exparte on 28-1-2010 and that the charges

were proved against the petitioner. There is also no

response from the petitioner and she did not reply to any

letters of the corporation since 8-10-2009. Petitioner was

required to show cause within 15 days as to why penalty

of removal from service may not be imposed on her. Finally

petitioner was removed from service by order dt.22-3-2010

marked as Ex.W-9. Appeals dt.3-10-2012 and 1-2-2015 are

marked as Ex.W-6 & W-7.

10.

Admittedly the petitioner having been selected and

appointed as “Assistant” in January 1996, worked for more

than 12 years. Petitioner did not submit any explanation

to the charge sheet and she did not participate in the

enquiry. Hence it cannot be said that initiation of the

disciplinary proceedings by the respondents was uncalled

for. However, taking into consideration the service of the

petitioner for 12 years, proportionality of punishment has

to be considered, particularly when the Industrial Disputes

Act is a social welfare legislation.

11.

Further it is seen that the petitioner was imposed

with the penalty of reduction of basic pay by one stage by

order dt.28-9-2006 and reduction in basic pay by two stages

by order dt.17-2-2009, as per Ex.W-4 show cause notice.

Therefore, I am of the considered opinion that imposing

stern punishment on the petitioner is required, other than

capital punishment of removal from service. In a decision

reported in 1982 LAB.IC.1031 BETWEEN: R.M., PARMAR

VRS., GUJARATH ELECTRICITY BOARD, it was held that

the length of service based on good record and the socio

economic condition of the delinquent workman are

considerations which should weigh with the Tribunal while

exercising discretion.

12.

It is true that there is delay on the point of petitioner

in approaching this court. As the petitioner put up service

of more than 12 years, this Tribunal is constrained to set

aside the removal order, by imposing stern punishment so

that she may not repeat the lapse in future and mend

herself. Therefore, I hold that reinstatement of the

petitioner into service as “afresh Assistant” would meet

the ends of justice. Accordingly, the removal order dt.

22-3-2010 under Ex.W-9 is set aside. The petitioner is not

entitled to any continuity of service, attendant benefits

and back wages.

13.

In the result, the order of removal dt.22-03-2010

marked as Ex.W-9 is set aside. The respondents are hereby

directed to reinstate the petitioner into services as “afresh

Assistant” within (30) days from the date of publication

of this Award. The petitioner is not entitled to any

continuity of service, attendant benefits and back wages.

SRI G. V. KRISHNAIAH, Chairman-cum-

Presiding Officer

Appendix of Evidence

Witnesses Examined

For Workman :

For Management :

-Nil-

-Nil-

E X H I B I T S

For workman :

Ex.W-1

Dt. 11-01-1996

Appointment order issued to

the petitioner as Assistant by

the General Secretary

Ex.W-2

Dt. 09-09-1996

Confirmation letter issued to

the petitioner by Sr.Divisional

Manager

Ex.W-3

Dt. 08-12-2009

Charge sheet

Ex.W-4

Dt. 23-02-2010

Show cause notice

Ex.W-5

Dt. 03-10-2012

Appeal submitted to the

Divisional Manager, LIC of

India, Karimnagar Division.

Ex.W-6

Dt. 01-02-2015

Demand letter submitted to

respondent

Ex.W-7

Dt. 04-02-2015

Postal receipts 2 Nos.

Ex.W-8

Dt. 09-10-2012/

Postal Acks., 2 Nos.

09-02-2015

Ex.W-9

Dt. 22-03-2010

Removal order

For Management :

-Nil-

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4368

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

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CORRIGENDUM

New Delhi, the 2nd November, 2015

S.O. 2128.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. Case No. 03(C)

of 2011) of the Industrial Tribunal-cum-Labour Court, Patna

as shown in the Annexure in the Industrial Dispute between

the management of State Bank of India and their workmen,

received by the Central Government on 06/07/2015.

[No. L-12025/01/2015-IR (B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE PRESIDING OFFICER INDUSTRIAL

TRIBUNAL, PATNA

Industrial Dispute Case No.:- 03 (C) of 2011

Between

The management of Chief General Manager, State Bank of

India, Local Head Office, West Gandhi Maidan, Patna-

800001/The Asst. General Manager, State Bank of India,

Zonal Office, Khanjarpur, At & P.O.- Bhagalpur, Dist-

Bhagalpur

and

Their workman Sri Shashi Bhushan Prasad, S/o- Late Bhola

Mandal, Vill- Durgasthan Tilakpur, P.O.- Tilakpur, P.S-

Sultanganj, Dist.- Bhagalpur,Bihar.

For the workman

:

Shri B. Prasad, General

Secretary, Bank Employees

Federation, Bihar.

For the management

:

Sri Ashok Kumar Sinha,

Branch Manager, ADB,

Ghogha, Bhagalpur.

Present :

Bipin Dutta Pathak, Presiding Officer,

Industrial Tribunal, Patna.

AWARD

Patna, dated 22nd June, 2015

This case has been filed u/s- 2A (1) & (2) of the

Industrial Disputes ( Amendment ) Act,2010. Over denial

of regularization of the services as a messenger/peon and

wrongfull termination from services of a temporary

Messenger / Peon w.e.f. 06.03.2009 while working at State

Bank of India, Agriculture Development Branch, Ghogha,

Dist.- Bhagalpur.

2.

The statement of claim of workman Sri Shashi

Bhushan Prasad is that he has raised an Industrial Dispute

before Assistant Labour Commissioner (C), Patna against

his termination from services of the bank w.e.f. 06.03.2009.

Dispute has been raised on 19.06.2009. Conciliation

proceedings ended in failure on 27.08.2010. Dispute has

been raised within stipulated period and that remained

pending over an year with no solution. Workman preferred

an application under the following terms:-

“Whether the action of the management of State

Bank of India, Ghogha Branch in denying

regularization of services of sri Shashi Bhushan

Prasad as a Messenger/ Peon and terminating his

services in violation of section-25F of the I.D.Act,

is legal and justified? If not, what relief (S) the

workman is entitled to?”

The facts of the case is that workman was appointed

by the management of State Bank of India to discharge

the duties of a messenger/peon w.e.f. 30.04.2000. He

discharged his duties:-

(i) Taking out Register from Almirah and placing

the same on table /counters;

(ii) Preparation and posting of mails to post office,

(iii) Distribution of notices relating to loans/

recovery etc. to parties through peon’s book.

(iv) To accompany the Recovery Team during the

course of recovery of loans;

(v) To accompany the bank officers to Lok Adalat

camps;

(vi) Filing of letters/ circular and arrangement of

stationary;

(vii) Brining stationary article from the Branches/

officers;

(viii) Serving water, tea to the members of staff and

customers;

(ix) Other sundry jobs of a Messenger/ Peons;

He used to work on 10 A.M to 6 P.M regularly and

same times even beyond that as per requirement of the

Bank. He was initially paid wages @ Rs. 15/- per day which

was raised to @ Rs. 25/- , Rs. 40/- and lastly Rs. 50/- per

day. Payment was made through vouchers. He used to

discharge all the duties as per the instruction of the Branch

manager and other superior officials of the Bank. He

worked from 30.04.2000 to 06.03.2009. His services stand

terminated. As usual he went to discharge of duties on the

following day, he was stopped from working and was again

informed of termination of his services from evening of

06.03.2009. He was neither given any notice pay nor

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4369

retrenchment compensation preceeding his termination.

He was paid his wages regularly from 30.04.2000 to

31.08.2008 and on 01.09.2008, he was instructed by the

authority to take payment in different names to which he

did not agree. He was not made payment of his wages

from 01.09.2008 to 06.03.2009. His duties were perennial in

nature. He used to perform some clerical duties as per

instruction of the management from time to time. His duties

were identical with other permanent staff of the Bank. The

termination of the workman is covered u/s-2(oo) of the

I.D.Act, 1947. After termination he is facing starvation as

he has no any alternative means of livelihood. Action of

the management is not considering regularization but

terminating the services of the workman is neither legal

nor justified.

(i) The management violated the mandatory

provisions as contained in section-25F of the

I.D. Act.

(ii) Management being a public sector Bank and a

‘State’ within the meaning of Article 12 of the

India Constitution resorted to unfair Labour

Practice as per Schedule V of the I.D.Act.

(iii) Management failed to follow the principle of

‘Equal pay for Equal work’ as per Acticle 39 (d)

of the Indian Constitution.

(iv) Management has violated section 25(H) of the

I.D.Act.

Letter dt-25.11.2010 sent by Assistant Labour

Commissioner (C), Patna to the Secretary, Govt. of India,

Ministry of Labour, New Delhi indicates that conciliation

proceeding ended in failure on 27.08.2010.

3.

Written statement has been filed on behalf of the

Bank (Management) stating therein application filed by

the claimant u/s-2A (1) & (2) of the amended I.D.Act, 2010

is neither maintainable in law nor on fact. It is not a case

where an Industrial Dispute has been referred under

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

any term of reference. It has been stated that Shri Shashi

Bhushan Prasad has filed the application under reply under

section- 2A (1) & (2) of the I.D.Act as amended by Act

No.24 of 2010. Bank in this regards raised certain

preliminary question relating to the maintainability of the

reference in the present form, but as it appears that no

order rejecting the contentions rose by the Bank therein

has been passed. The term of reference has been framed

by the workman himself. Under the Industrial Disputes

Act, it is only the appropriate government which is

competent to frame the term of reference. The amendment

does not seize or supersede the powers of the appropriate

government conferred under section 10 of the Act. The

term of reference as framed by the workman is not only

illegal but also contradictory. Section 2A (1) & (2) of the

Industrial Dispute act is confined to termination of service

and not regularization in service. These two issue are quite

different. If the complete term of reference is read as it

cannot be an Industrial Dispute under section 2(k) of the

I.D.Act. Dispute raised by an individual for regularization

is not an Industrial Dispute. Selection tests required for

regularization in service are quite different and various

factors are required to be considered which has no bearing

with the termination of service. It is submitted both the

issues cannot be decided in the same proceeding. The

conciliation officer is a necessary party and the learned

Tribunal should hear his views also as he has dealt with

the dispute. The person has been filed a writ application

before the Patna High Court bearing C.W.J.C No.:- 5287 of

2009 which was dismissed by order dated 27.04.2009 in

which the Hon’ble High Court held the person concerned

is a daily wager who holds no regular/permanent post.

It has been further submitted that the concerned

person was engaged as and when exigencies of work arose

on daily basis and whenever work was taken from him, he

was paid his wages as agreed between the parties. He has

performed works in the SBI, ADB Ghogha, Bhagalpur as

and when instruction was given by the Branch Manager.

It is submitted that his claim that he had worked since

30.04.2000 till August,2008 continuously, is totally baseless

and denied. His claim that he had also worked 240 days in

every calendar year in also incorrect.

The Bank has its own rules of recruitment for

appointment of subordinate cadre staff satisfying the

requirement of Articles 14 and 16 of the Constitution of

India. He was not issued any appointment letter even to

work as temporary staff. His engagement was purely as a

casual worker on daily wages engaged as and when

required. Payment were made to him through petty cash

which means payment against some expenses which are

in petty nature and that cannot be termed as regular

payment of wage or other benefit. He used to discharge

his duties on the days he was engaged on the instruction

of the Branch Manager. Such discharge of duties were of

casual nature and it cannot be said to be permanent and /

or perennial in nature to discharge regular duties. Regular

appointments are made who work as regular staff of the

Bank. Shri Shashi Bhushan Prasad was fully aware of the

fact that the Bank has its own rules of recruitment and his

casual engagement as daily wager as and when required,

was not in compliance of the rules of recruitment of the

Bank. During the whole period of his work as claimed by

him, never demanded for his regularization in service. It is

only when he could not get any engagement from the

Bank even as casual daily wager, he started demanding

regularization. Neither any vacancy was advertised nor

any requisition to the Employment Exchange was sent

nor the Branch Manager had any power to appoint

subordinate staff. His engagement was totally non-est.

The Bank is legally bound to follow of the equality in

compliance of Articles 14 and 16 of the Constitution of

4370

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

India in the matter of appointment. Merely because a daily

wager as such a temporary employee is continued for a

long time he would not be entitled to absorbed in service

or made permanent. His claim that he had worked from

2000 to 2008 and that too continuously is wholly baseless.

In this contest reference has been made about the decision

of State of Karnataka Vs. Uma Devi [ 2004(4) SCCI ] has

been mentioned. Other decision and also been mentioned

and it has been hold that “the appointment made in total

disregard to the constitutional scheme as also the

recruitment rules framed by the employer, which is state

within the meaning of Article 12 of the Constitution of

India, the recruitment would be illegal one.” An illegal

appointment cannot be legalized by taking recourse to

regularization. Vide order dated- 27.04.2009 in case of

C.W.J.C No.:- 5287 of 2009 filed by the petitioner, the

Hon’ble High Court has held that person concerned is a

daily wager. As there is no provision in the Bank of

regularization of a daily wager, the person concern cannot

be regularized. Engagement of Shri Shashi Bhushan Prasad

as daily wager is illegal. He submitted that a school transfer

certificate dated-26.07.2006 from Government High School.

In that certificate his date of birth has been shown to be

31.03.1988. He has claimed that he has started working in

the Bank from April, 2000. Therefore, in April 2000 he was

merely a child of about 12 years. Engagement of a 12 years

child in the Bank, even as casual daily wager, was nothing

but an impossibility and illegal. Comment has been made

about the statement made by the Shri Shashi Bhushan

Prasad.

4.

Rejoinder to the written statement of the Bank has

been filed mainly stating that workman on worked for

morethan 240 days in 12 calendar months as per section-

25B of the I.D.Act. The retrenchment has been covered

u/s – 2 (oo) of the I.D.Act. Management violated the

provision of section-25F of the I.D.Act. It is also been

stated that the services of workman were utilised as a

radice workman for over 8 years. He discharged the duties

of a messenger from 30.04.2000 to 06.09.2000 uninterruptly.

5.

Management of SBI has also filed a petition dated-

03.05.2011 raising question of maintainability and further

steps in the aforesaid case.

Mentioned objection has been raised that

application was filed u/s 2A (1) and (2) of the I.D.Act

which has been added vide Industrial dispute

(Amendment) Act, 2010. A Gazette notification which

brought amendment in to force, has not been annexed

with the application. In this contest when the amendment

has been made then there is no need to file Gazette

notification became amendment has already got statutory

force. Other objection has been made that amendment act

is not enforceable unless Industrial Dispute ( C ) rules are

accordingly amended or separate rules are framed. This

petition has got no force itself and is accordingly rejected.

6.

A petition dated- 04.08.2014 was filed on behalf of

the workman, Shashi Bhushan Prasad stating therein that

dispute has been referred for adjudication by Ministry of

Labour, Govt. of India, New Delhi vide order No.- L-12012/

102 / 2010 – IR (B-1) dated- 26.05.2011 before the Hon’ble

CGIT No – 1 Dhanbad. Workman was not in a position to

bear the travelling expenses for attending the proceedings

at Dhanbad, an I.D.Case was filed before the Hon’ble

Industrial Tribunal, Patna as per the provisions of

Section 2A (1) & (2) of the Industrial Dispute (Amendment)

Act, 2010.

7.

It is also appears that the dispute was referred for

adjudication “Whether the action of the management of

State Bank of India, Patna in terminating Shri Shashi

Bhushan Prasad, S/O Shri Bhola Mandal from service with

effect from 06.03.2009, is legal and justified? To what relief

the workman is entitled?”

It appears that award was passed stating therein

that on 30th Novemebr, 2011. Registered letter duly signed

by Shashi Bhushan Prasad was received that the same

case has been already filed before the Industrial Tribunal,

Patna under the provision of 2A (1) & (2) of Industrial

Dispute (Amendment) Act, 2010. In the same has been

registered as I.D.Case No.- 3(C) of 2011 and the same is

pending for the adjudication. In such circumstances he

has prayed that he may be allowed to withdraw case before

this tribunal. In view of such prayer Tribunal passed no

dispute award which was already notified on 08.12.2011.

From this it appears that matter has not been adjudicated

earlier.

8.

Workman has examined only one witness W.W-1

Shri Shashi Bhushan Prasad who has stated in his evidence

that he worked in SBI Branch Ghogha, Bhaglpur on the

post of messenger / peon from 30.04.2000 to 06.03.2009 on

daily wages. He worked like taking out of ledger, cash box,

peon register and going to post office, bringing stationary

etc. He used to serve notice in villages. He used to served

water to the staffs. He worked from 10 A.M to 5.30 P.M. In

the begining he got Rs 15/- per day. Which was inhanced

to Rs. 50/- per day.

Payment was made to him from petty cash, he

worked like permanent messenger. He worked for 240

days regularly in one calendar year. He has filed details of

his working. Duly signed by him which has been marked

as Ext.-W/4.

He has also proved Ext.-W/5 which is in respect of

the payment of Rs. 890/- paid to him by Vishwajeet Kumar

the then Branch Manager. He has also proved Ext.–W/6

online statement print of Rs. 890/- in his name. He has also

proved Ext.–W/7 letter dated- 04.10.2005 signed by Chief

Officer of SBI, ADB, Ghogha Branch Bhagalpur by

Janardhan Prasad Pandey, addres to Branch Manager

State Bank of India, ADB, Ghogha Branch.

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He has also been proved Ext.-W/8 letter dt-

04.08.2005 signed by Janardhan Prasad Pandey and

addressed to Branch Manager stated Bank of India, ADB,

Ghogh.

He has also proved Ext.-W/9 the letter dt- 02.12.2008

given to Shashi Bhushan Prasad for bringing K.V.P.

payment. Similarily Ext.-W/10 is letter dt-08.11.2008 to bring

payment of N.S.C signed by Ajit Vishal incharge Branch

Manager. Ext.-W/11 is the letter dated-03.10.2002 signed

by Rabindra Kumar Pandey Branch Manager and Ext.-W/

12 is letter dt- 15.12.206 signed by Branch Manager to the

Secretary Special Lok Adalat, Bhagalpur. Ext.-W/13 series

is description of payment of wages for working of records.

He further stated that voucher was prepared for

payment of his work and he has proved photo stat of 64

pages for the period 31.12.2006 to 31.12.2007. Further

payment was made through register it has been marked as

Ext.-W/14 with objection. There is sign on payment

voucher and also sign of the then Branch Manager

Sri Anil Kumar Ambastha, Anil Kumar Singh marked as

Ext.- W/15. He has also proved Bank circular dated-

02.01.2003 and 23.12.2002 marked as Ext.- W/16 and Ext.-

W/16-A with objection and Ext.-W/17 with objection and

stated that according to circular the Branch Manager has

sent letter to the Zonal Office, letter no.- 21/178 dated-

21.03.2003 marked as Ext.-W/18. He has also stated that

his date of birth is 05.09.1981 but by mistake he submitted

in the bank his date of birth is 31.03.1988. Prior retrenchment

no notice or compensation was made to him.

In cross-examination he stated that he filed Ext.- W/

14. Payment was made to him for serving water. Ext.- W/14

at page 11 is letter to cheque collectiion which was given

to him for depositing in another branch. He also identified

Ext.-W/14 page 12 which was of 31st March, in respect of

closing report. There is initial at page 12 of Ext.- W/14 of

Manoj Kumar Singh. There is not his signature on Ext.W/

14 at page 12 but one of its copy is Bank office which bear

his signature. Payment was made to him on the same date

when he served water. He used to daily for serving water.

Bank has never told him not to serve the water. He further

stated that Ext.- W/16, A page 66 is the circular for

temporary appointment. Ext.- W/17 page 68 is the circular

in respect of appointment of temporary employee who

completed 240 days. Ext.-W/6 relates to crediting of

Rs. 890/- for distributing letter in villages. Ext.-W/9 is the

letter of the bank for K.V.P. which was extra work done by

him and no separate payment was made to him. A single

payment he used to do all the workers.

He denied that he never worked for 240 days. He

did all the worker as done by permanent messenger. He

does not remember the name of messenger of that time.

On recall in further examination-in-chief he stated

that Ghogha Branch, of the Bank Janardhan Prasad Pandey

was cash officer. In certificate of date of birth was year-

1981 and in another certificate of School Living Certificate

by mistake year 1988 has been mentioned which was later

on corrected. He regularly worked for 240 days.

In cross-examination he stated that it is wrong to

say that he himself left to going in the bank. He also denied

that he was called in Bank on the day but work in bank and

he called for that he daily used to go to bank.

9.

18 documents has been exhibited on behalf of the

workman. One document marked X-for identification which

is School Transfer Certificate of Shashi Bhushan Prasad

dt- 26.07.2006 and date of birth is 05.09.1981 which is also

written in the word.

Ext.-W/1 is the letter sent by Branch Manager which

is reminder letter for advising facts of instrument (s)

forwarded to Munger Branch for collection. In which

signature of Sri Shashi Bhushan Prasad has been attested

by Branch Manager. This is dated 23.02.2007.

Ext.- W/2 is the letter dated 10.03.2006 for supply of

stationary. Letter was sent to Branch SBI Zonal stationary

department Bhagalpur. This leltter bears attention of

signature of Sri Shashi Bhushan Prasad.

Ext.-W/3 is also for delivery for some items. This

letter was sent by Branch Manager to Manager Regional

and stationary department Bhagalpur. In this letter

signature of Shashi Bhushan Prasad been also attested.

Ext.-W/4 is chart signed by Shashi Bhushan Prasad

stating his working days from the year 2002 to year 2009,

in year 2000 he worked for 196 days and from the year 2001

to the year 2008 he worked for more than 240 days in each

year and till March, 2009 he worked for 57 days.

Ext.-W/5 is the receipt signed by Shashi Bhushan

Prasad in regard to payment of bill of Rs. 890/- on 01.10.2005.

Ext.-W/6 is the computer print in respect of above

payment.

Ext.-W/7 is the letter sent to Branch Manager, SBI,

ADB, Ghogha Branch by Janardhan Prasad Pandey cash

officer in which it has been stated that Sri Shashai Bhushan

Prasad has been working at this branch from 30.04.2000 as

daily wages worker. Payment in petty cach book has always

been segregated in labour charges column.

Ext.-W/8 is also letter sent by Janardhan Prasad

Pandey cash officer SBI, Bhagalpur to the Branch Manager

SBI, ADB, Ghogha stating therein that Shashi Bhushan

Prasad has been working at this Branch from 30.04.2000 as

daily wages.

Ext.-W/9 is the letter sent for payment of K.V.P.

infavour of Branch Manager, SBI Ghogha and signature

of Shashi Bhushan Prasad has been attested.

Ext.-W/10 is the letter sent to SBI, ADB, Ghogha by

Branch Manager in respect of submits the mentioned N.S.C.

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[PART II—SEC. 3(ii)]

for payment infavour of Branch Manager. Signature of

Shashi Bhushan Prasad has been attested.

Ext.-W/11 is the also letter sent to SBI ADB Ghogha

for personal attention in the subject mentioned, in this

signature of Shashi Bhushan Prasad is also attested.

Ext.-W/12 is the letter sent to the Secretary Special

Lok Adalat by ADB Ghogha in which in respect of details

of certificate cases Borrowers.

Ext.-W/13, W/13-1 to W/13-20 series is the receipt

of payment to Shashi Bhushan Prasad for working of in

respect of working in record room etc.

Ext. W/14 & W/15 series is the same 64 pages are in

receipt of payment of serving water from Novemebr, 2006

to 31.12.2007.

Ext.- W/16 is the photo stat copy of Local Head

Office of letter in respect of letter dated- 2nd January, 2003

in respect of sub-ordinate temporary employee.

Ext.- W/16-A is letter dated- 23.12.2002 in this letter

it has been stated that in terms of extant instructions,

temporary employment in the sub-ordinate cadre is strictly

prohibited and it has been observed that inspite of our

unquivocal instruction many branches / office have

engaged workmen or continued to engage the temporary

employees who worked prior to 1997 in the subordinate

cadre on temporary basis. It has also been observed that,

in many branches / offices, whenever a need arises for the

services for watch and ward staff to fill temporary

vacancies, instead of seeking fresh names of candidates

from Zila Sainik Board, services of ex-temporary watchman

are utilised and these workmen are allowed to exceed the

minimum number of day. Required for becoming protected

employees under the I.D.Act,1947 resulting in legal

complications for the Bank. Such action is highly irregular

and should be avoided at all costs. Similar situation may

be obtaining in the category of messengers / sweeper also.

Para-3 in order to enable us to assess the gravity of

the situation, please furnish the following information/

particulars:-

(i) How many temporary daily wage employees

have completed 240 days service in a calendar

year or any continuous period of 12 calendar

months at branches and offices under your

control as on 30.09.2002.

(ii) Details of month-wise and year wise temporary/

daily wage service in each case.

(iii) A statement indicating their names as well as

rank in terms of the qualifying temporary service

( aggregate ) daily wage service put in as on

30.09.2002.

Ext.- W/17 is dated- 22.05.2002 in respect of

absorption of temporoary employee in bank permanent

service of all such employees who have put in more than

240 days continuous service in terms of section 25(B) of

the I.D.Act.

Ext.- W/18 is details of temporary employees sent

by Branch Manager to Asst. General Manager, reason

Bhagalpur. It appears that name of Shashi Bhushan Prasad

has been mentioned in the above mentioned report and it

has been stated that he is working since 30.04.2000 as

water boy.

10.

Three witnesses have been examined on behalf of

the management. M.W-1 Sri Anil Kumar Singh, M.W-2 Sri

Shambhu Prasad Srivastava, and M.W-3 Sri Ajay Kumar.

M.W-1 Anil Kumar Singh in his examination-in-chief

on affidavit as stated that he was posted at State Bank of

India, ADB, Ghogha branch from August-2007 to

Septemebr, 2008 as branch manager. He is acquainted with

Sri Shashai Bhushan Prasad. He worked on totally

temporary basis at daily wager when required. He has not

worked regularly. Further he has stated that case has filed

is not maintainable. Order has been not been passed in

this case the objection made in written statement. The

case has not been referred to this tribunal by the Govt. of

India. Claim for regularisation for service is wrong. Shashai

Bhushan Prasad has filed C.W.J.C No.:- 2587 of 2009 which

was dismissed vide order dated- 27.04.2009 clearly stating

that workman is daily wager worker and he has no right for

regularisation. When there was need Shashi Bhushan

Prasad worked as daily wager worker and the wages was

fixed and was paid to him at the time of receiving payment

but never raised dispute for being regular or permanent. It

is wrong to say that he worked each year from 30.04.2000

to 06.03.2009 for morethan 240 days in each year. He was

terminated on 06.03.2009. He has not filed any

authenticated documents that he worked morethan 240

days. He has filed photo stat petty cash book which is

maintained for payment of wages of daily wager worker.

There is rules for employment in of subordinate cadre in

Bank. Bank has not issued any appointment letter to him.

He worked as and when required and payment was made

to petty cash book. He worked as per order of branch

manager as casual nature. No work was taken from him as

regular nature. Mainly he worked as water boys. Seldem

other work was taken from him and payment was made at

fixed rate. He seldem distributed letter of bank. In case of

vacancies, it is informed to the employment exchange

after arrival of candidates regular appointment is made.

Certificate of bank officer is not recognized according to

the rules of bank. Any officer or branch manager of office

has no power to give such certificate. There is no provision

to regularise daily wager worker, who worked for long

period. Appointment of subordinate staff was used to be

done according to the seniority from panel. Now any

appointment has not been done since several years. Shashi

Bhushan Prasad has filed transfer certificate of Govt. High

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4373

School in which date of birth has been mentioned on

31.03.1988 and he claimed that he is working since April-

2000, it means that at the time he was aged of 12 years.

Taking working from such boy is not possible and is illegal.

It is wrong to say that his service has been terminated and

no compensation has been made to him u/s- 25(F) of the

I.D. Act,1947. He was not entitled to any compensation or

notice. Management has not terminated his service and

the when required work was taken from him and now there

is no need to his work. Chart of working filed by the

workman is totally wrong and baseless and the documents

does not indicates that preceeding 12 month’s from

termination he worked for 240 days. It is his responsibility

to prove that in preceeding 12 months he worked for

morethan 240 days. Other statement of the workman has

been denied. It is wrong to say that he worked from

30.04.2000 to 06.03.2009 regularly. Management has never

terminated him and he is not entitled for equal pay for

equal work, which is given to regular employee. Bank never

did unfair labour practice. This witness as exhibited photo

stat of petty cash book. He further stated that claim of

workman is baseless.

In cross-examination he has stated that he was

posted at ADB, Ghogha from August-2007 to September,

2008. He does not know first working day and last working

day of Shashi Bhushan Prasad. He was not paid regularily

on daily, weekly or monthly basis. Rather he used to submit

bill after two month and two and half month and then

payment was made. During the working day of this witness

payment was made @ 50% per day for work he did on the

respective day. He does not know he Shasshi Bhushan

Prasad had not worked 240 days in preceeding one year.

He has worked less than 240 days. He could not say that

how many days he worked preceeding one year from

06.03.2009 and that working day is how much less than

240 days. In calculation of 240 day’s he has not included

sunday, leave days and 11 days of casual leave. In bank

record will be available of the payment made to him. He

does not know that branch manager has asked for school

leaving certificate which was submitted by the workman.

After seeing the school transfer certificate which has been

marked as X- for identification. This witness submitted

that this certificate was not produced in the bank rather

another certificate was produced which was defective and

photo stat of that certificate has been filed by the bank.

Certificate was filed by preceeding branch manager which

was defective. When Shashi Bhushan Prasad was sent

outside for distributing letter then travelling expences was

paid to him. Witness further stated that one Janardhan

Prasad Pandey was working at ADB Ghogha who has

retired and died. This witness does not identify his writing.

He (workman ) was authorised to receive on maturity

cheque of K.V.P. from Bhagalpur post office. He further

proved the authority letter which bears signature of Shashi

Bhushan Prasad but this witness did not identify the

signature of concerned officer. He ( workman ) was sent

for advice of cheque collection from Munger. This witness

further stated that authority letter was signed by Anil

Kumar Ambastha, Branch Manager. Which also bears

signature of Shsshi Bhushan marked as Ext.- W/1. Further

he stated that he sent once to bring stationary from

Bhagalpur Zonal Stationary Department. This witness

identified authority letter signed by Shashi Bhushan Prasad

and then branch manager Sri Shambhu Prasad Srivastava

which was marked as Ext.- W/2.

It is the duty of messenger to bring advice of cheque

collection and stationary. The duty of messenger is to

take out and keep register, voucher and to help in another

work. It further duty to messenger to distributes local letter

and to post letters. His duty is not to serve water. He

denied that he is not acquainted with the facts of this

case.

M.W-2 is Shambhu Prasad Srivastava this witness

is desk officer is State Bank of India Zonal office, Bhagalpur.

He stated that he was branch manager at ADB Ghogha

from 17.07.2004 to 16.06.2006. He is acquainted with

workman Shashi Bhushan Prasad. He was permanent

manager at Ghogha branch. He never permanently took

work from Shashi Bhushan Prasad. Shashi Bhushan Prasad

was working to serve water at different rate and payment

was made from petty cash. Shashi Bhushan Prasad never

raised dispute of being regular or permanent employee.

No appointment letter was issued to him.

In cross-examination this witness stated that he used

to take work from Shashi Bhushan Prasad to take water

and payment was made to him. Seldom payment was made

to him @ Rs. 30/- and seldom @ Rs. 40/-. Shashi Bhushan

Prasad working in the branch before joining of this witness

in that branch. Details of payment from petty cash is

maintained in a register which used to be cheque once in

a month by branch manager. This witness posted in that

branch for about 2 years and Shashi Bhushan Prasad

worked in that branch irregularly. This witness never took

work from Shashi Bhushan Prasad to bring stationary or

cheque from other branch.

He further stated that on 10.03.2006 he has given

order to Shashi Bhushan Prasad for bringing stationary

and another order dated- 23.02.2007 is to bring cheque but

this witness could not say that order is under signature of

then branch manager. Letter dated-14.09.2002 has been

signed by then branch manager Sri R.K.Pandey which has

been marked as Ext.- W/3. He denied that Shashi Bhushan

Prasad also worked as messenger apart from bringing water.

M.W-3 is Ajay Kumar, Branch Manager, in SBI at

Ghogha Branch. He has proved photo stat of petty cash

register for the period from 13.04.2002 to 31.03.2009.

In cross-examination this witness stated that for the

period from 30.04.2004 to 31.08.2008 he was at Dhamsain

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[PART II—SEC. 3(ii)]

branch, Dist. Godda, P.B. branch, Bhagalpur town,

Bhagalpur city branch Bhagalpur, Zonal office Bhagalpur.

Some where he was posted as branch manager and some

where he was post as accountant, field officer. This witness

identified Shashi Bhushan Prasad from face but not by

name. When he was joined at Ghogha Branch Dist.

Bhagalpur, then he learnt that Shashai Bhushan Prasad

has filed case before this tribunal. This witness has

brought photo stat of concerned ledger, petty cash register

which has been attested by him marked as Ext.- M/10. He

further stated that he had seen the document filed by him.

He had seen the related documents of this case but this

witness has not details knowledge of first working day

and last working day. Before termination notice, notice

pay and compensation was not paid to the workman and

there is no mention of these matter in the ledger.

11.

Documents exhibited on behalf of the management

Ext.- M/1 is order passed by the Hon’ble High Court in

C.W.J.C No.- 5287 of 2009 dated 23.04.2009. Writ was

dismissed as withdrawn with a direction that in proceeding

before Industrial Tribunal is to be decided in accordance

with law uninfluenced by the refusal by the Hon’ble Court

to interfere only because of the availability of an alternative

statutory remedy to the petitioner.

Ext.- M/2 is School Transfer Certificate of Shashi

Bhushan Prasad in which date of birth of certificate in

31.03.1988.

Ext.- M/3 to M/9 is photostat of petty cash register

of the concerned year 2000-2009.

Ext.-M/8 it appears from Ext.-M/8 that cost of labour

charge was paid regularly from 01.08.2007 to 13.09.2008

and thereafter only cost of has been written. Cost of what

purpose has been made has not been maintained in cost

register.

Ext.-M/9 cost of conveyance charge has been

mentioned.

Ext.-M/10 is the also photostat of petty cash register

for the period April 2002 in which cost of water has been

mentioned. Cost of water and cost of labour charge etc

has been mentioned.

12.

Written argument has been filed on behalf of the

management stating therein application filed by the

claimant is not maintainable in law nor on facts. Terms of

reference is not only illegal but also contradictory. Section-

2A (1) and (2) of the Industrial Dispute Act is confined to

termination of service and not regularization of service.

Sri Shashi Bhushan Prasad was engaged as and when

exigency of work arose on the daily basis and whenever

work was taken from him, he was paid his wages as agreed

between the parties. He performed works in the State Bank

of India, ADB, Ghogha Branch as and when instructions

was given by the Branch Manager. He claimed that he

worked since 30.04.2000 till Agusut, 2008 continuously is

totally baseless and false. Claim that he worked

continuously for a period of 240 days in a calendar year is

also false. He used to discharge his duties on the days he

was engaged on the instructions of branch manager. Such

discharge of duties were of casual nature and it cannot be

said to be termination or perennial nature to discharge

regular duties. Regular appointment are made who work

as regular staff of the bank. Sri Prasad was wholly aware

of the fact that the bank has its own rules of recruitment

and his casual engagement as daily wager as and when

required therein no compliance of the rules of recruitment

of the Bank. During the whole period of his work as claimed

by him, he never demanded for regularization of service.

When he could not get any engagement in the bank even

as casual daily wager, he started demanding regularization.

Regularization in service is not a mode of appointment.

Neither the Government nor their instrumentality can make

appointment dehors the constitutional scheme of public

appointment. Neither any vacancy was advertised nor any

requisition to the Employment Exchange was sent nor the

Branch Manager had any power to appoint subordinate

staff. His engagement was totally non-est. Merely because

a daily wager as such a temporary worker is continued for

long time, he would not be entitled to be absorbed in regular

service or made permanent. In the instant case, his claim

that he worked from 2000 to 2008 and that too continuously

is wholly baseless. Hon’ble Supreme Court in the case of

State of Karnataka Vs. Uma Devi [ 2004(4) SCC 1 ] has held

that merely because a temporary or casual employee has

continued for a long time, he would not be entitled to be

absorbed in regular service or made permanent. In view of

decision State of MP Vs. Lalit Kumar Verma [ 2007 (1) SCC

575] “the appointment made in total disregard to the

constitutional scheme as also the recruitment rules framed

by the employer, which is state within the meaning of article

12 of the constitution of India, the recruitment would be

illegal one.” Another decision referred is M.L. Jain Vs.

Indore Development Authority [2005 (1) SCC 639]

“Regularization cannot be claimed as matter of right. An

illegal appointment cannot be legalized by taking to

regularization. The constitutional scheme which the

country has adopted does not contemplate any back door

appointment.

It has further been submitted that section 2 (oo) of

the Industrial Dispute Act says that retrenchment means

termination by the employer of the service of a workmen

for any reason whatsoever, otherwise than as a punishment

inflicted by way of disciplinary action. The case of Shashi

Bhushan Prasad clearly follows u/s 2(oo) (bb) there was

an implied agreement between the parties that his

engagement comes to an end as soon as he leaves the

bank meaning thereby that there was an oral agreement

between the parties regarding this typy of engagement.

Even decision of Escorts Limited Vs. Presiding Officer and

others [1997 (11) SCC 521] has been referred for the

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4375

purposes that termination of service of the workmen does

not constitute retrenchment. Further decision has been

referred again it has been submitted that “ the distinction

between “ irregular appointment” and “illegal

appointment” is apparent. In the event appointment is

made in total disregard of the constitutional scheme as

also the recruitment rules framed by the employer, which

is a part of the “State” within the meaning of article 12 of

the constitutional, the recruitment would be an illegal one.

The respondent was not appointed in terms of the statutory

rules. He was not entitled to any regular scale of pay

attached to any post. Therefore, he could not have been

directed to be regularised in service having regard to the

Constitution Bench. Hence, the Labour Court or Industrial

Tribunal as also the High Court were not correct in

directing regularization of service of the respondent.” The

appointment of Sri Prasad was not made in terms of

statutory rules. Original appointment of Sri Prasad being

illegal and not irregular. Therefore, no question arises of

regularization of Sri Prasad.

The decision of ESCOOTS LIMITED Vs. PRESIDING

OFFICER AND ANOTHER has been filed in which it has

been held that “ Temporary appointment for a specified period

(2 months in this case )—Terms of appointment enabling

the employer to terminate the service at any stage without

assigning any reason—In such circumstances,

termination of service under the said terms even though

effected before the expiry of the specified period, held, did

not amount to retrenchment. But in this case it has not

been demonstrated the temporoary appointment for a

specific period of 2 months or for any specified period.

Next decision is reported case of “MAHENDRA L.

JAIN AND OTHERS Vs. INDORE DEVELOPMENT

AUTHORITY AND OTHERS” In which it has been hold

that irregular appointments, not illegal appointments, held,

can be regularised—Sub-Engineers ( appellants )

appointed on daily-wage basis under a project to be

executed by respondent Development Authority—No

appointment letters issued—Posts not sanctioned by

Govt.. Appointment not in compliance with the

requirements of Act and Rules which were applicable in

absence of any direction to the contrary contained in

Standing Orders— Held, such illegal appointment were

void ab initio.

In the case of STATE OF M.P AND OTHERS Vs.

LALIT KUMAR VERMA it has been held that Necessity

of initial appointment being “ irregular” and not “illegal”.

Respondent not having appointed as per the rules, nor

being entitled to any regular scale of pay attached to any

post, his appointment was illegal and not irregular.

Continuous work for more than six months on daily wages

without more, held, is not sufficient to entitle workman

concerned to status of permanent employee.

13.

Written argument has been filed on behalf of the

workman stating therein that subject matter of the

adjudication before this tribunal is “ Whether the action

of the management of State Bank of India, Ghogha Branch

in denying regularization of services of Sri Shashi Bhushan

Prasad as a Messenger / Peon and terminating his services

in violation of Section 25 F of the I.D.Act is legal and

justified? If not, what relief (S) the workman is entitled

to?”

It has been stated that workman was appointed as a

messenger/peon w.e.f. 30.04.2000. He used to work from

10 A.M to 6 P.M regularly for which he was paid wages

initially @ 15/- per day which was raised to @ Rs 25/-,

Rs. 40/- and lastly @ Rs. 50/- per day. Payment was made

through vouchers. He worked continuously from

30.04.2000 to 06.03.2009 and was informed at the closing

hour on 06.03.2009 that his services stood terminated.

When the workman went to attend his duties on the

following day, he was stopped from working and was

informed that his services stood terminated after the

working of 06.03.2009. Neither notice, nor any notice pay

nor any retrenchment compensation was given to him.

But duty was perennial in nature. Case of the workman is

covered under Section 2 (OO) of the I.D. Act, 1947 and the

management violated the mandatory provisions as

contained in section 25 F of the I.D.Act,1947. Workman

prays for reinstatement of his services as a messenger

with back wages. Substance of written statement of the

management has been delt. Further in reference of the

evidence it has been stated that Ext.- W/1 to W/3

supported of the work of the workman. Ext.-W/4 is details

of work of the workman. Ext.- W/5 is proof of payment of

sum of Rs. 890/-. Ext.-W/6 is the on live statement and

Ext.-W/7 and Ext.-W/8 are the certificates of Sri Janardan

Pandey Chief Cashier, SBI, ADB, Ghogha Branch. In

support of work of Shashi Bhushan Prasad. Ext.-W/9,

W/10, and W/11 are the authorization for performing

certain works. Ext.W/12 is the letter dt- 15.02.2006

addressed to Secretary, Lok Adalat, Bhagalpur. Ext.-W/13

is the proof of payment in 20 pages. Ext.-W/14 & W/15

relate to payment of wages. Ext.-W/16, W/17, W/18 relates

to formulation of a scheme by State Bank of India for

absorption of daily rated/ temporary workers performing

the jobs as a messenger. The workman was covered under

the scheme and accordingly his application for absorption

was forwarded by the Branch Manager to Regional Office

and other higher offices.

M.W-1 Sri Anil Kumar Singh, Branch Manager, SBI,

ADB Ghogha submitted that he knew Shashi Bhushan

Prasad who worked as temporoary daily rated worker as

per requirement and did not work continuously. In cross-

examination he admit that his services were utilized for

bringing cheque collection advice, distribution of letters,

bringing stationary from Zonal Stationary Deptt. Bhagalpur.

He further admits that the work of messenger relates to

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bringing cheque collection advice, bringing stationary etc.

In cross- examination he had deposed that workman did

not work for 240 days preceeding his termination but failed

to submit the actual number of days he worked.

M.W-2 is Sri Shambhu Prasad Srivastava, he worked

as Manager from 17.07.2004 to 16.06.2006 and also admitted

that the workman worked at SBI, ADB Ghogha Branch. In

cross- examination he admitted that the workman was

working prior to his posting at Ghogha Branch.

M.W-3 Ajay Kumar is the present Branch Manager

of SBI, ADB, Ghogha Branch and admitted in cross-

examination that he does not know the first and last

working day of the workman. He was neither given any

notice, notice pay or retrenchment compensation

preceding his termination.

W.W-1 Shashi Bhushan Prasad stated that he

worked from 30.04.2000 to 06.03.2009 at SBI ADB Ghogha

Branch as messenger / peon. He used to discharge the

duties such as taking out ledger, cash box, peon book,

attending post office work, bringing stationary,

distribution of notice in the village, serving water to the

members of staff. His duty hour ranged from 10 A.M to

5.30 P.M. His duties were identical to that of a permanent

messenger. He identified the letter of Sri Janardan Prasad

Pandey, chief office ( Ext. W/7 & W.8 ).

Further submitted is that on the basis of material on

record the workman worked from 30.04.2000 to 06.03.2009;

(ii) The workman discharged all the duties of a messenger;

(iii) He used to discharge his duties from 10 A.M to 5.30

P.M; (iv) He was being paid his wages through petty cash

vouchers; (v) The Bank formulated a scheme for absorption

of temporary / daily rated workers as messengers; (vi) The

name of the workman had been forwarded by the Branch

Manager to Regional / Zonal Office, Bhagalpur which are

Exts.- W/16, W/16/A, W/17 & W/18; (vii) The termination

of the workman is covered under section 2 (oo) of the

I.D.Act; (viii) Management violated the mandatory

provisions as contained in section 25 F of the I.D.Act; (ix)

Management resorted to unfair labour practices as per

schedule V of the I.D.Act; and did not follow the principles

of equal pay for equal work;

Relief (S) (i) Reinstatement as a temporary

messenger; (ii) Payment of back wages from the date of

termination; (iii) Absorption as messenger as per Bank’s

circular dated- 2.1.2003, 23.12.2002 and as per Exts W/17 &

W/18; (iv) Payment of Rs 10000/- as cost for contesting

the dispute.

Some decisions has been cited on behalf of the

workman. Out of which the decision of Hon’ble Patna High

Court in Mithilesh Kumar Singh Vs State of Bihar and Ors.

In which petitioner was a workman in working in the work

department of Public Works Department Bulling Circle,

Purnia in this case reference was made “ Whether the

termination of service of Shri Mithilesh Kumar Singh,

Treasure Guard, Public Works Department, Building Circle,

Purnia, by the management from December, 15, 1992 is

proper and justified? If not, whether he is entitled to

reinstatement and/or any other relief?”

In this case petitioner was initially appointed on-

muster roll as a daily wager. He continuously worked for

over three months and thereafter he was appointed in a

regular time-scale of pay as Treasure Guard on a temporary

and ad hoc basis. But on August 26, 1992 he was asked to

file a show why his appointment may not be terminated. In

written statement of the management it was stated that

initially appointment /engagement was illegal and invalid

and did not confer any right upon him and, hence, it could

be terminated without a month’s notice or payment in lieu

of notice and without paying the retrenchment

compensation. Labour Court in the impugned award

upheld the management contention that petitioner

appointment was illegal and invalid and was made without

any advertisement or any selection process. There was

no sanctioned post against which the appointment could

be made. Labour Court relied upon the decisions reported

in 1986 PLJR 873 and 1987 PLJR 1090 in this decision it

was held in case of initial appointment was invalid the

concerned employee could not claim a writ of mandamus

for payment of salary for the period he actually worked

under the invalid appointment. These two decisions also

do not even refer much less consider the mandatory nature

of Section 25-F and have absolutely no relevance to the

case in hand. The idea of illegal or invalid appointments is

quite foreign to the scheme of the Industrial Disputes Act.

For application of section 25-F is that the concerned

workman should have been in continuous service for 240

days in a calendar year. In fact, the termination of

employment of a workman on the ground that his initial

appointment was not legal and valid itself qualifies as

retrenchment within the meaning of Section 2(oo) as

termination for illegal and invalid appointment has not

been made an exception to the definition of retrenchment.

This aspect of the matter has been considered in a Division

Bench decision of the Rajasthan High Court in the case of

Prabhudayal Vs. Alwar Sahkari Bhumi Vikas Bank Ltd. And

Ors., in which it has been held that “The definition of

retrenchment as given in the Act is wide and comprehensive

to include all types of terminations of service unless the

termination falls within any of the excepted categories

and it was held that the termination of service of the

petitioner amounts to retrenchment and was statutorily

required to be in compliance with the provision of Section

25-F of the I.D.Act.

Another decisions is of the Supreme Court of India

in Mineral Exploration Corporation Vs. Mineral Exploration

Corporation which was decided on 26th July, 2006 in Appeal

(civil) 2027-2028 of 2000. In this case according to the

union workman engaged in Mineral Exploration

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Corporation Ltd., hereinafter referred to as “ the

Corporation” have completed minimum 8 years and

maximum 20 years of service but they were not regularized

nor paid regular wages as per the revision of pay scales.

The workmen started demanding regular pay scale and

their regularization, corporation resorted to retrenchment

of workmen which caused serious Industrial unrest.

Reference was made “Whether the action of the

management of Mineral Exploration Corporation Ltd.,

Nagpur in not regularizing the services of S/Shri

A.K.Janson 2144 others ( as per Annexures’A’ attached)

and depriving them all fringe benefits like permanent

workers is justified? If not, to what relief the concerned

workmen are entitled to and from what date? The tribunal

after recording the evidence of the both parties and

considering the arguments vide its award dated 24.03.1998,

held that all the workman in dispute, workman be regularized

in the service. The corporation preferred writ petition

before the High Court which was allowed and award was

set-aside. The High Court affirmed the findings of the

Tribunal. It has been stated that all the time of hearing, our

attention was drawn to the judgement delivered by the

Hon’ble Court in the case of Secretary, State of Karnataka

& Ors. Vs. Umadevi, 3 and Ors., [2006]4 SCC and it has

been held that the said case deals with public employment,

absorption, regularization, or permanent continuance of

temporary, contractual, casual, daily-wage or ad hoc

employees appointed / recruited and continued for long

in public employment de hors the constitutional scheme

of public employment. Further it has been stated that one

aspect needs to be clarified. There may be cases where

irregular appointments ( not illegal appointments ) as

explained in S.V. Narayanappa [1967] 3 SCR 128, R.N.

Nanjundappa [1972]2 SCR 799, and B.N. Nagarajan [ 1979]3

SCR 937, of dully qualified persons in duly sanctioned

vacant posts might have been made and the employees

have continued to work for ten years or more but without

the intervention of order of the courts or of tribunals. The

question of regularization of the service of such employees

may have to be considered on merit in the light of the

principles settled by this Court in the case above referred

to and in the light of this judgement. The Union of India,

the State Government and their instrumentalities should

take step to regularize as a one time measure, the services

of such irregularly appointed, who have worked for ten

years or more in duly sanctioned posts. It has also been

stated that respondent an industry governed by I.D. Act,

1947 as well as the provision of Industrial Employment

Standing Order Act, 1946 the standing order define

contigent / temporoary and casual employee as under the

temporary workman as one who has been engaged for

work which is of an essentially temporary nature likely to

be finished within a limited period. The casual workman is

a workman whose employment is of casual labour.

Therefore it will be clear that employees engaged and

continued together cann’t be termed as temporary or

casuals.

Another decisions is the decision of Hon’ble S.C in

case of Dhirendra Chamoli And Anr. Vs. State of U.P which

was decided on 5 August, 1985 in citations 1986(52)

FLR147, (1986)ILLJ134SC, (1986)I SCC 637.The Writ

petition the complaint made is that there are a number of

person who are engaged by Nehru Kendra as casual

workers on daily basis and though they are doing the

same work as is performed by class IV employees appointed

on regular basis, they are not being given the same salary

and allowance as are being paid to class IV employee. In

this case writ petition were allowed and rules was make

absolute and directed the Central Government to accord

to these person who are employed by the Nehru Kendras

and who are concededly performing the same duties as

class IV employees, the same salary and conditions of

service as are being received by class IV employee, except

regularisation which cannot be done since there are no

sanctioned posts. But we hope and trust that posts will be

sanctioned by the Central Government in die different

Nehru Yuvak Kendras, so these persons can be regularised.

It is not at all desirable that any management and

particularly the Central Government should continue to

employ persons on casual basis in organisations who have

been in existence for over 12 years. The salary and

allowance of class IV employees shall be given to these

persons employed in Nehru Yuvak Kendras with effect

from the date when they were respectively employed.

Another decision has been referred of the Supreme Court

of India, in Harjinder Singh Vs. Punjab State Warehousing

Corp. decided on 5th January, 2010, in civil appeal no.- 587

of 2010 in which termination of the service of the workman

was found incontinuous verson of section 25(G) of the

Industrial Dispute Act. But impugned order was liable to

be set aside. Another decision is also of the Hon’ble

Supreme Court of India in Devinder Singh Vs. Municipal

Council, Sanaur which was decided on 11th April, 2011 in

this case service was terminated without holding any

enquiry and without giving him notice and compensation

and that persons junior to him were retained in service.

Respondent pleaded that the appellant was engaged on

contract basis and his service was terminated because the

Director, Local Self Government did not give approval to

the resolution passed for his employment. The Labour

Court held that the appellant had worked for more than

240 days in a calendar year preceding the termination of

his service. Writ petition reliance was based on the

judgement in Secy.. State of Karnataka Vs. Umadevi (2006)1

SCC 1; State of M.P. Vs. Lalit Kumar Verma (2007)1 SCC

575; Uttranchal Forest Development Corporation Vs. M.C.

Joshi (2007(2) SCC ( L&S) 813; M.P. Administration Vs.

Tribhuban (2007)9 SCC 748; and others decision are the

found adopted that Labour Court should not have ordered

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[PART II—SEC. 3(ii)]

reinstatement of the appellant because his appointment

was contrary to the recruitment rules and Articles 14 and

16 of the Constitution and it would not be in public interest

to sustain the award of reinstatement after long lapse of

time. In para 13 it has been stated that source of

employment, the method of recruitment, the terms and

conditions of employment/contract of service, the

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

all relevant for deciding whether or not a person is a

workman within the meaning of Section 2(s) of the Act.

Further in para 14 it has been stated that it is apposite to

observe that the definition of workman also does not make

any distinction between full time and part time employee

or a person appointed on contract basis. In the result the

appeal was allowed and award passed by the Labour Court

for reinstatement of the appellant is restored and it was

also directed that respondent shall be entitled to wages

for the period between the date of award and the date of

actual reinstatement.

Another decision reported in 2014-III-LLJ-772

Calcutta High Court. Another decision is Hon’ble Supreme

Court of India in case of Hari Nandan Prasad & Anr. Vs.

Employer I/R to Mangmt. of FCI & Anr. In which the tribunal

found that termination of the applicant was illegal they

were directed to be reinstated with 50% back wages. FCI

filed writ petition which were dismissed. LPA was allowed

by Division Bench. In this case reference was that “

Whether the action of the management of Food

Corporation of India, in retrenchment Shri Hari Nandan

Prasad, Ex-Casual workman, in contravention of Section

25-F of the I.D. Act, 1947 and denying reinstatement with

full back wages and regularization of his service is legal

and justified? If not, to what relief the concerned workman

is entitled to?” In this case decision of Delhi Development

Horticulture Employees Union Vs. Delhi Administration

AIR 1992 SC 789 and Constitution bench judgement in the

case of Secretary, State of Karnataka Vs. Uma Devi & Ors.

(2006) 4 SCC 1 has been dealt. In this case contention

raised by the appellants before the High Court was that

the ratio of Uma Devi’s case had no relevance in the cases

of industrial adjudication by the Labour Courts/Industrial

Tribunals and this submission that found to be meritless

by the Hon’ble High Court taking support of the judgement

of this Court in U.P. Power Corporation Vs. Bijli Mazdoor

Sangh & Ors. (2007) 5 SCC 755. In this case which was

found that appellant No.-1 was not in service on the date

when scheme was promulgated i.e as on 6.5.1987 as his

services were dispensed with 4 years before that circular

saw the light of day. Therefore, in the result of monetary

compensation in lieu of reinstatement would be more

appropriate in his case but in case of appellant No.-2 which

was hold that CGIT rightly held that he was reinstate with

50% back wages

F I N D I N G S

14.

The relief claimed in this case is against the

management of State Bank of India over denial of

regularization of the services as a messenger/peon and

wrongfully termination for the service of a temporary

messenger/ peon w.e.f 06.03.2009 while working at State

Bank of India, Agriculture Development Branch, Ghogha,

Dist.- Bhagalpur.

15.

Dispute has been raised on 19.06.2009 and the

conciliation proceedings ended in failure on 27.08.2010.

Question formulated and by the petitioner in this case is

“Whether the action of the Management of State Bank of

India, Ghogha Branch in denying regularization of services

of Sri Shashi Bhushan Prasad as a Messenger/Peon and

terminating his services in violation of Section 25 F of the

I.D.Act is legal and justified? If not, what relief (S) the

workman is entitled to?”

16.

The workman was working from 30.04.2000 to

06.03.2009 and was informed at the close of office hour on

06.03.2009 that his services stood terminated. When the

workman went to discharge his duties on the following

day, he was stopped from working and was again informed

of termination of his services from the evening of 06.03.2009.

Neither he was given any notice nor notice pay nor

retrenchment compensation preceeding his termination.

He was paid his wages regularly from 30.04.2000 to

31.08.2008. On 01.09.2008, the workman was instructed by

the authority to take payment in different names to which

the workman did not agree. He was not made payment of

his wages from 01.09.2008 to 06.03.2009. The termination

of the workman is covered under Section 2(oo) of the

I.D.Act, 1947. Relief claim is (i) Reinstatement, as a

temporary messenger with back wages; (ii) Regularization

of services as a messenger; (iii) Payment of due wages for

the period of working; (iv) Payment of wages from

31.08.2008 to 06.03.2009; (v) Payment of a sum of Rs. 10000/-

for contesting the dispute.

17.

Written statement of the management stating that

therein that application filed by the claimant u/s 2A (1)

and (2) of the amended Industrial Dispute Act, 2010 is

neither maintainable in law nor on fact. Dispute have not

been referred u/s 10(1)(d) of the Industrial Dispute Act.

Terms of reference has framed by the person is not only

illegal but also contradictory. Section 2A (1) and (2) is

confined termination of service and not regularization in

service.

It appears from perusal of Section-2A of the

Industrial Dispute Act, it appears that this relates to

dismissal etc. of a individual workman to be deemed to be

an Industrial Dispute.

18.

Section-2[(A)] Where any employer discharges,

dismisses, retrenches or otherwise terminates the services

of an individual workman, any dispute or difference

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between that workman and his employer connected with,

or arising out of, such discharge, dismissal, retrenchment

or termination shall be deemed to be an industrial dispute

notwithstanding that no other workman nor any union of

workman is a party to the dispute.

19.

This section also provide that workman may make

an application direct to the Labour Court or Tribunal for

adjudication to the dispute is referred therein after expiry

of forty five from the date from the date he has made the

application to the Conciliation Officer of the appropriate

Government. This case has been filed on 18.03.2011 as

such the case is maintainable.

Section-2A relates to discharge, dismisses,

retrenches or otherwise terminates the services of an

individual workman. So far the matter is concerned for

regularisation that will be discussed later on. Further it

has been stated that it is totally baseless and denied that

workman had worked continuously 240 days in every

calendar years.

20.

Further it has been stated that bank has its own

rules of recruitment for appointment of subordinate cadre

staff satisfying the requirement of Articale 14 and 16 of

the Constitution of India. He was not issued any

appointment letter even to work as temporary staff. His

engagement was purely as a casual worker on daily wages

engaged as and when required. Payment were made to him

through petty cash which means payment against some

expenses which are in petty nature and that cannot be

termed as regular payment of wages or other benefit. Had

therein appointment letter then it would proof terms of

appointment of the workman. Further it has been stated

that during the whole period of his work as claimed by

him, he never demanding for regularization in service. It is

only when he could not get any engagement in the Bank

even as casual daily wager, he started demanding

regularization. Another contention is that merely because

a daily wager as such a temporary worker is continued for

long time, he would not be entitled to be absorbed in regular

service or made permanent. His claim that he worked from

2000 to 2008 and that too continuously is wholly baseless.

About the case of State of Karnataka Vs Uma Devi

reported in [2004(4) SCC 1 ] has been stated but this case

only relates to Government service and it cannot said that

bank is not an industry. When bank is an industry then

the dispute will be governed under the provision of the

Industrial Dispute Act. In this contest several decision

has been filed on behalf of the workman which are

Mithilesh Kumar Singh Vs State of Bihar and Ors reported

in 1994 (42) BLJR 1300, (1995) 1 LLJ 973 Pat. On the Mineral

Exploration corporation Vs Mineral Exploration

corporation by Hon’ble Supreme court of India. Further

the case of Dhirendra Chamoli and Anr. Vs State of U.P

decision by Hon’ble Supreme Court of India and reported

in 1986 (52) FLR 147, (1986) I LLJ 134 SC, (1986) I SCC 637

and other so many decisions in which several decisions

has been discussed. Other case is Devinder Singh Vs

Municipal Council, Sanaur decided by Hon’ble Supreme

Court of India in which case of Uma Devi has also been

dealt and other decision cited by the management bank

has been dealt. Further it has been stated that by order

dated-27.04.2009 in case of C.W.J.C No.- 5287 of 2009 filed

by the petitioner, the Hon’ble Court hold that the person

concerned is daily wager. As there is no provision in the

bank for regularization of such a daily wager.

21.

In the rejoinder of the workman in para-13 it has

been stated that workman discharged the duties of a

messenger from 30.04.2000 to 06.03.2009 uninterruptedly.

To continue a workman for a longer period without any

service condition is a act of unfair Labour Practice on the

part of the management as per schedule V of Industrial

Dispute Act,1947. Further it has been stated that remedy

of Industrial worker is under Industrial Dispute Act.

22.

In the evidence of Shashi Bhushan Prasad has stated

that he worked in the State Bank of India, ADB, Ghogha

Branch, Dist.- Bhagalpur as a messenger/peon from

30.04.2000 to 06.03.2009. He worked from 10 A.M to

5.30 P.M. He worked like a permanent messenger in one

year. He worked for 240 days regularly. He has proved

Exts.-W/5 & W/6 regarding his payment by then branch

mananger of Rs. 890/-. He has also proved Exts.-W/7 and

Exts.-W/8 and other documents filed by him. He has also

proved photo stat of vouchers in 66 pages for the period

from 31.12.2006 to 31.12.2007 he has also proof circular

sent by branch manager to Zonal office on 21.03.2003 and

dated-02.01.2001 and 02.01.2002. He has stated that his

date of birth is 05.09.1981 but by mistake that was written

31.03.1988 which was rectified. He has also stated that no

compensation and no payment was made to him before

removal from service.

In cross-examination he has stated that Exts.-W/14

relates to the payment for serving water and for cheque

collection. In para-2 of the cross-examination he has stated

that Janardhan Pandey was cash officer at Ghogha branch.

In certificate his date of birth is mentioned year 1981 but

his another certificate by mistake it was written year 1988

and that mistake was corrected. He regularly worked for

240 days. In further cross-examination he stated that it is

wrong to say that he himself left to come to bank. He daily

used to go bank. Nothing was challenged in the cross-

examination that this workman was not working for 240

days in a calendar year or he did not work in the bank from

30.04.2000 to 06.03.2009.

23.

Management witness M.W-1 Anil Kumar Singh who

is Dy. Manager in SBI Bhagalpur branch. He has stated

that he was posted at ADB Ghogha Branch for the period

August-2007 to September-2008. Shashi Bhushan Prasad

was temporary daily wager. He did not work regularly. He

further stated that claim for regularisation his service is

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[PART II—SEC. 3(ii)]

wrong . In view of the order passed in C.W.J.C No.- 2587

of 2009 by Hon’ble Patna High Court. He has also stated

that photo stat of petty cash book has been filed by the

bank. There is rule for recruitment of sub-ordinate cadre

staff. No appointment letter was issued. He worked as per

order of Branch Manager and work was casual in nature.

There is no provision to regularise a daily wager, who

worker for the long period. He was not entitled for any

compensation or notice.

In cross-examination he has stated that he posted

at ADB Ghogha Branch for the period from August-2007

to Septemeber-2008. He does not know first working day

and last working day of Shashi Bhushan Prasad. Payment

was made after two or half month on submitting the bill.

He does not know in preceeding period counted from

06.03.2009 Shashi Bhushan Prasad had not work for 240

days. He could not tell in year prior to 06.03.2009 for how

many days Shashi Bhushan Prasad had worked. There

will be record in bank for the payment made by the bank to

him. He has also stated about the authority letter given to

him Shashi Bhushan Prasad for receiving maturity cheque

of K.V.P from Bhagalpur post office. He proved authority

letter given to him for receiving advice of cheque collection

from Munger which was signed by branch manager namely

Anil Kumar Ambastha. He has also proved contents of

Ext.-W/2. Duty of messenger is to distribute local letter

and to go to post office for dispatching the out side letter.

24.

Next witness on behalf of the management Shambhu

Prasad Srivastava who was posted at ADB Ghogha Branch

from 17.07.2004 to 16.06.2006 he is acquainted with Shashi

Bhushan Prasad. He stated that he did not took work from

Shashi Bhushan Prasad for the whole day mainly.

In cross- examination he has stated that Shashi

Bhushan Prasad was working in the branch prior to joining

this witness. Payment of petty cash is entered in one

register which is checked once in a month by branch

manager. During the period of two years Shashi Bhushan

Prasad irregularly attendant the branch. He has given work

on 10.03.2006 to Shashi Bhushan Prasad to bring

stationary.

25.

Management witness no.-3 is Ajay Kumar, Branch

Manager in SBI Ghogha Branch who deposited photo stat

of petty cash register from 13.04.2002 to 31.03.2009. He

stated that for the period from 30.04.2004 to 31.08.2008 he

was posted at Ghamsain branch Dist.- Godda, PB Branch,

Bhagalpur city branch and Zonal office Bhagalpur. He

identify the Shashi Bhushan Prasad but was not

acquainted with his name. Prior to remove from the service

workman was not given notice, notice pay and

retrenchment compensation.

26.

Ten documents has been Exhibited on behalf of the

management. M.W-1 is photo stat of the order passed in

C.W.J.C No.- 5287 of 2009 filed by Shashi Bhushan Prasad.

In which it has been stated that in his own plea as para-8

involved the question of facts and claim under the Industrial

Dispute Act. Where a daily wages post cannot lay out

his claim in a writ petition. Learned council of the petitioner

press for leave to withdraw this petition to persue his

remedy under the Industrial Dispute Act.

It is for the petitioner to choose his remedy after

writ court declined interference. This court makes no

observation with the regards to the case. The writ is

dismissed as withdrawn. The proceeding before Industrial

Tribunal is to be decided in accordance with law

uninfluenced by refusal by this court. So matter is to be

decided by this tribunal. Ext.-M/2 is SLC in which date of

birth has been mentioned as 31.03.1988. This has got no

relevency when corrected SLC has been submitted by the

Shashi Bhushan Prasad. Ext.-M/3 to M/9 is photo stat of

petty cash register.

In the written statement the management bank, claim

of the workman that he worked since 30.04.2000 to August-

2008 worked continuously 240 days in every calendar year,

have also denied. Management witness no.-1 Anil Kumar

Singh, in cross-examination in para-29 could not say the

first working day and last working day of Shashi Bhushan

Prasad. But during the period of post of this witness he

was paid Rs. 50/-. This witness also could not tell prior to

06.03.2009 for how many

days workman worked and

what period of less than 240 days. This witness is para-32

identified the authority letter given of Shashi Bhushan

Prasad when he was sent for work to post office etc. As

such it is apparent that Shashi Bhushan Prasad working

in the bank. M.W-2 Shambhu Prasad Srivastava was posted

at Ghogha Branch from the period from 17.07.2004 to

16.06.2006 and he identified workman Sri Shashi Bhushan

Prasad. He further stated that in para-7 in cross-examination

that prior his posting on that branch Shashi Bhushan Prasad

worked there.

27.

M.W-3 Ajay Kumar has identified petty cash register

from the period 13.04.2002 to 31.03.2009. This witness

identified Shashi Bhushan Prasad by face but this could

not tale first and last working day of Shashi Bhushan

Prasad. From petty cash register counting from March,

2008 only cost of labour, tea, labour charge and etc shown,

but to whom payment was made has been no been shown.

So it could not be gather to whom payment was made.

28.

From evidence of W.W-1 Shashi Bhushan Prasad it

appears that he was working on the post of messenger /

peon from the period 30.04.2000 to 06.03.2009. He has

stated that payment was made to him from petty cash. He

has exhibited details of his working day vide Ext.W/4.

From which is appears that he worked for 295 in the year

2008 and 57 days in the year 2009 this documents has

been exhibited without objection. He has also exhibited

print out of online statement Ext.-W/6 which is in name of

Shashi Bhushan Prasad which is dated-24.12.2008.

¹Hkkx IIó[k.M 3(ii)º

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4381

Ext.-W/2 is the letter sent to S.B.I Zonal Stationary Deptt

for bringing stationary dated- 10.03.2006 and signature of

Shashi Bhushan Prasad has been attested.

29.

Exts.-W/7 is the letter sent by Mr Janardhan Prasad

Pandey, cash officer S.B.I, ADB, Ghogha Branch,

Bhagalpur to branch manager SBI that Shashi Bhushan

Prasad has been working at this branch from 30.04.2000 as

daily wager worker. His payment in petty cash book has

always been segregated in labour charges. This letter was

sent information and needful. From this letter it appears

that Shashi Bhushan Prasad was working from 30.04.2000

and letter is dated 04.10.2005 from it appears that he was

still working there. Exts.-W/8 is another letter sent by same

Janardhan Prasad Pandey to Branch Manager, SBI, ADB,

Ghogha Branch. From which it appears that Shashi

Bhushan Prasad was working since 30.04.2000 in the bank

as daily wages this letter is dated- 04.10.2005. Exts.- W/9 is

letter sent by Branch Manager from Ghogha branch to

Sub post master, Bhagalpur for payment of KVP this letter

is dated-02.12.2008 and signature of Shashi Bhushan

Prasad has been attested from which it appears that till

02.12.2008 Shashi Bhushan Prasad was working there.

Another letter was sent by the Branch Manager vide Ext.-

W/10 in which signature of Shashi Bhushan Prasad was

attested in which it has been stated that NSC payment

infavour of Branch Manager has been captioned. Ext.-W/

11 has also been to Chief Manager, SBI, Bhagalpur in which

signature of Shashi Bhushan Prasad has been attested.

Exts-W/12 is the letter sent through Shashi Bhushan

Prasad whose signature was attested as such Shashi

Bhushan Prasad working regularly. Exts.-W/13 series is

regard to the payment receipts by Shashi Bhushan Prasad

on 24.12.2001, 15.02.2002, 22.12.2001 and several dates

working in records shows.

30.

Exts.-W/14 series is the details of payment paid to

Shashi Bhsuhan Prasad from the period 23.01.2007 to

31.12.2007 this indicates that Shashi Bhushan Prasad was

working in the bank for the period 240 days in the year

2007. Exts.-W/15 is the letter sent by A.G.M, Circle Office,

Bhagalpur in regard to subordinate temporary employee

and Exts.-W/16 is also letter to Circle Development office.

It is observed that inspite of instruction some workmen

are working and legal complication arising if on becoming

them protected employee under the Industrial Dispute

Act,1947. Exts.-W/17 in which it has been stated that

please arrange to submit full particulars of all such

employees who have put in more than 240 days continuous

service in terms of Section 25(B) of the Industrial Dispute

Act together with your reasoned recommendation for their

absorption or other wise on enclosed proforma immediately.

It means that the bank was aware of provisions of

I.D.Act,1947. From Exts.-W/18 it appears that branch

manager has sent letter to A.G.M, Bhagalpur stating therein

that Shashi Bhushan Prasad was working there from

30.04.2000 as water boys to from there Exts, it appears that

he was also doing other work because his signature is

attested when he was sent to another place and from Exts.-

W/14 it appears that he regularly worked for the period

from 31.12.2006 to 31.12.2007. This documents has not

been challenged. Apparently Shashi Bhushan Prasad

worked for morethan 240 days in the year 2007 as such he

became protected employee under the I.D.Act. From Exts.-

W/9,10, it appears that he was sent for receiving payment

of K.V.P on 02.12.2008 and for receiving payment of NSC

on 08.11.2008. In cross-examination M.W-1 has stated that

regular payment was not paid to the workman because bill

was being submitted after two and half months then

payment was made. So it may be gathered that he was

working always in the bank. Bank has not submitted the

vouchers of payment of Shashi Bhushan Prasad and has

not demonstrated that how many less date counting from

240 days Shashi Bhushan Prasad was working. In para-34

he has stated that advice cheque of collection and to bring

was duty of messenger and from this evidence it appears

that Exts. demonstrate that Shashi Bhushan Prasad even

working like messenger.

31.

From definition of 25(B) and photo stat of payment

vouchers it appears that in the year 2007 there was

inuninterrupted service though this workman was working

since 30.04.2000 and even becoming in continuous service

from him till 06.03.2009. So prior to is removal compliance

of section-25F of the I.D.Act must have been done. Even

from Exts.-M/10 it appears that counting from 06.03.2008

labour charge was regularly paid till 28.02.2009. Which is

clearly apparent, so inference may be gathered that payment

was made to Shashi Bhushan Prasad for the period more

than 240 days in a calendar year last preceeding from the

date of his removal because bank could not demonstrate

who was another or other workman working in the bank

and this case relates to Shashi Bhushan Prasad.

32.

In view of the decisions of Hon’ble S.C in case of

Hari Nandan Prasad & Another Vs Employer I/R to

management of FCI & Another when retrenchment is bad

then service be regularised. In that view of the matter

Shashi Bhushan Prasad had became in the category

protected workman. Hence, the case of the workman is

allowed. Management is directed to reinstate and regularise

the service of workman from the date- 06.03.2009 on which

he was removed from service. Further management is

directed to give all consequential benefits to the workman

and all due wages from the date of his removal from service

and upto the date of his reinstatement.

Accordingly the order is being given.

BIPIN DUTTA PATHAK, Presiding Officer

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THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

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New Delhi, the 4 November, 2015

S.O. 2129.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref.142/2012)

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

II, Delhi as shown in the Annexure, in the industrial

dispute between the management of Delhi Nagrik Sehkari

Bank Ltd. and their workmen, received by the Central

Government on 04/11/2015.

[No. L-12025/01/2015– IR (B-1)]

SUMATI SAKLANI, Section Officer

ANNEXURE

CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR

COURT - II, ROOM NO.33, BLOCK-

A,GROUND FLOOR, KARKARDOOMA

COURT COMPLEX, KARKARDUMA

DELHI

Present:- Shri Harbansh Kumar Saxena

ID No. 142/2012

Sh. Anuj Kr. S/o Sh. P.K. Vashishth,

R/o-262, Village & P.O.- Harevali,

Delhi-110039.

…..Workman

Versus

Delhi Nagrik Sehkari Bank Ltd.

Through Its C.E.O/

Administrative Office,

3- C/5 , Opp. Liberty Cinema,

New Rohtak Road,

New Delhi-110005

……Management

AWARD

Direct claim has been received in this tribunal. Which was

register as I.D No. 142/2012 and claimant/workman was

called upon to file claim statement with in fifteen days

from date of service of notice. Which was required to be

accompanied with relevant documents and list of

witnesses.

After service of notice Sh. Anuj Kumar filed claim statement

on 9.11.2012 on behalf of workman. Wherein he prayed as

follows:-

It is, therefore, most respectfully prayed that the workman

may kindly be reinstated in services with full back wages

and continuity of service along with the benefits attached

to his services under the law.

Against claim statement management filed written

statement on 6.5.2013 through which he denied the

contents of claim statement and prayed for dismissal of

claim statement.

On the basis of pleadings of parties my Ld. Predecessor

framed following issues on 6.5.13:-

1.Whether enquiry conducted by the management is

just, fair and proper?

2.Whether punishment awarded to the claimant

commensurate to the misconduct of the claimant?

3.Whether claimant is entitled to relief of reinstatement

in service?

4.As in terms of reference.

Workman on 8.7.2015 filed rejoinder . Through which he

reaffirmed the contents of claim statement.

Workman in support of his case filed affidavit of WW1

Sh. Anuj Kumar on 20.1.2014 and he tendered his affidavit

on 8.5.2014.

His statement of tendering of affidavit is as follows:-

I tender in evidence my affidavit Ex. WW1/A which bears

my signature at point ‘A’ and ‘B’ . I rely upon my documents

Ex. WW1/1 to Ex. WW1/7.

None to cross-examined on behalf of management. Hence

cross nil and right of management of cross-examination of

WW1 has been closed.

Workman in support of his case filed affidavit of WW2

Sh. Phool Kumar on 19.8.2014 and tendered his affidavit

on 19.8.2014.

His statement of tendering of affidavit is as follows:-

I tender my affidavit in evidence on behalf of workman it

bear my signature at point A and B . Contents of affidavit

are true and based on my personal knowledge. Affidavit is

marked Ex.WW2/B and copy of annexed documents which

relates to service rules is marked Ex. WW2/8.

¹Hkkx IIó[k.M 3(ii)º

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4383

None to cross-examined on behalf of management. Hence

cross nil and right of management of cross-examination

has been closed and in the interest of justice 16.9.2014

was fixed for management evidence. On 16.9.2014 in the

interest of justice fixed 19.11.2014 for management

evidence. On 19.11.2014 management remained dormant

then I closed management evidence and fixed 10.12.2014

for ex-parte written arguments of workman.

Workman filed written submission on 12.01.2015. Wherein

he stated as follows:-

1.That this Hon’ble court was please to proceed the

respondent /management ex-parte as they did not appear

deliberately after filing the written statement in the present

case. The brief facts of the case are narrated herein below

for the convenience of this Hon’ble Court.

a) That the workman filed claim petition vide reference No.

F .7/856/ALC/CD/11 dated 21.12.2011 before the

conciliation officer, Central District, Delhi. Both the parties

were called for the settlement on various dated but no

settlement could be arrived at. The appropriate authority

then issued a failure report and granted a liberty to the

workman to approach this Hon’ble court and to file a claim/

industrial dispute.

b) That the workman herein was appointed as peon cum

chawkidar on adhoc basis in the last week of October 2004

and thereafter vide order No. DNSBL/HO/2004-2005

dated19.4.2004 his services were regularized in the regular

pay sale of Rs. 2750-70 3800-75-4400 w.e.f 23.04.2004. That

the workman was working with utmost sincerity and he

had good satisfactory, unblemished record in the Bank

and he was performing his duty sincerely, he had never

given any cause of complaint to the management . That to

the utter shock of the workman that on 30.07.2009, the

workman was illegally arrested by the police of the P.S

Keshav Puram, Delhi in connection with FIR No. 217/2009

under section 307/395/397/412/120-B/34 of IPC. That

workman was too shock to hear about the offences

mentioned in the FIR as he was performing his duties

independently and honestly since last many years. That

on 18.11.2009 the workman was released on bail by the

Hon’ble Court of Session, Rohini, Delhi.

c) That the workman was suspended vide office Order No.

DNSBL/HO/2009 -2010/STAFF 3.41/332 dated 3.8.2009

illegally and unjustifiably. That the suspension of the

workman became effective from 30.07.2009. That no proper

show cause was issued to the workman nor has any

explanation been called for by the management, hence,

illegal and unwarranted. That on 18.9.2010 the Chief

Executive Officer of the Bank issued a false, frivolous and

vague charge sheet bearing No. NSBL/HO/2010-2011 /Anj-

2/418 dated 18.9.2010 to workman , thereby leveling false,

frivolous and vague allegation against the workman of

gross misconduct unbecoming of an employee of the Bank

in terms of Rule 20, 21, and 27(IV) of Delhi Nagrik Sehkari

Bank Ltd. Staff Services Rules (Amended ) March, 2003

alongwith list of documents and witnesses. That on

23.10.2010, the workman submitted his reply to the

aforesaid charge sheet, to the Chief Executive Officer of

the Bank, there by requesting to withdraw the aforesaid

charge sheet.

d) That to the utter surprise of the workman, vide memo

No. DNSBL/HO/2010-2011 /Staff 3.108/675 and the order

No. DNSBL/HO/2010-2011 /Staff 3.109/676 both dated

29.12.2010, the Chief Executive Officer of the Bank has

informed the workman that with reference to workman’s

reply received in the office of the Bank on 23.10.2010 to

the aforesaid charge sheet the Board vide its resolution

No. -10.7 (iii) in meeting held on 29.11.2010 allegedly

considered the record of his case at length and having

regard to the material available on record an serious

allegations leveled against him by the police the Board

has lost confidence in him, it was therefore decided that

he should be removed from the service of the Bank w.e.f

01.12.2010 and that period of his suspension from

30.07.2009 to 30.11.2010 will not be treated as on duty and

that however no recovery will be made on account of

subsistence allowance paid for this period.

e) That the memo No. DNSBL/HO/2010-2011 /Staff 3.108/

675 dated 29.12.2010 order No. DNSBL/HO/2010-2011 /

Staff 3.109/676 dated 29.12.2010 and resolution No.107(iii)

dated 29.11.2010 thereby removing the workman from

service by the management is illegal, arbitrary , malafide

and vague against the facts and law of the land and against

the principles of natural justice and against the service

rules 26 and 28 Staff Service Rules of the Delhi Nagrik

Sehkari Bank Ltd. and without any basis or evidence and

without holding any domestic enquiry and without finding

the fact of guilt by any authority or court of law. Hence

out rightly illegal and liable to be quashed.

f) That workman having faith in the system filed an appeal

on 11.02.2011 before the Chairman , Delhi Nagrik Sehkari

Bank Ltd. at administrative office of the Management

against the arbitrary order of the CEO of removal of the

workman but of no avail. That the above said authority

did not give any heed to the appeal of the workman. That

the workman sent a reminder dated 09.08.2011 in relation

to the reply and disposal of his appeal. That issues

pertaining to releasing the 60% of arrears of basic pay

revised with effect from dt. 01.01.2006 and bonus which

payable to him as on 31st March, 2009 and some issues

were also raised in above mentioned reminder /letter. But

the management did not reply the same. That the workman

approached the Learned Labour Commissioner , Pusa

Campus, New Delhi for adjudication of dispute but the

management was adamant to their illegal stand and flatly

refused to accommodate the workman despite the efforts

made by the learned commissioner therein. That workman

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[PART II—SEC. 3(ii)]

is without any job and not earning a penny since his date

of illegal termination. He is in a bad economic condition

and are under the mental distress and agony. Though he

tried his level best to search another gainful employment

but his efforts have been failed irretrievably . That the

refusal and /or not allowing to work/or no duty/or removal

from the job without giving him any opportunity to place

his case or to defend himself by the management

tantamount to retrenchment.

g) That it is submitted that the management did not

conduct the domestic enquiry against the workman and

no enquiry report has been provided by the management

to the workman. It is pertinent to mention here that the

workman has been dismissed from the services by the

management while ignoring the prevailing service rules at

the particular time. That the management has ignored Rule

No. 28, the contents of Rule-28 has been reproduced herein

below:- the contents of Rule -28 have been reproduced

here under for ready reference.

28. INQUIRY

i)

No order imposing any of the penalties

specified in clause (i) to (ix) of the Rule 26

shall be made unless an enquiry is held, as far

may be, in the manner provided in central civil

services classification control and appeal

Rules , 1965. The Appointing Authority may

itself inquire into or appoint a suitable person

to Inquire into the truth of any imputation of

misconduct or misbehavior , against an

employee.

ii)

No order imposing any of the minor penalties

specified in clauses (i) to (xi) of the Rule above

shall be made except after-

a)

Informing the employee in writing of the

proposal to take action against one and

of the imputations of misconduct or

behavior, on which it is proposed to be

taken, and giving to one reasonable

opportunity

of

making

such

representation as one may wish to make

against the proposals.

b)

Holding an inquiry in the manner laid

down in the Rule above in every case in

which the disciplinary authority is of the

option that such inquiry is necessary;

c)

Taking the representation, if submitted

by the employees under Clause (a) and

the record of inquiry, if any, held under

clause (b) into consideration.

d)

Recording a finding on each imputation

of misconduct or Misbehavior.

iii)

Notwithstanding anything contained in sub-

clause (i) to (ii) , major penalty may be imposed

without holding an enquiry in such case where

an

employee

is

found

guilty

of

misappropriation of the funds of the bank or

indulging in fraudulent transactions by

competent authority in the enquiry u/s 59(2)

and other relevant sections of the Delhi

Cooperative Societies Act, 1972 or held guilty

of any such charge by a court of competent

jurisdiction.

iv)

Orders made by the disciplinary authority shall

be communicated to the employee who shall

be supplied a copy of the Enquiry report, if

any , held by the discipline authority and a

Copy of its finding on each article of charge.

Where Disciplinary authority is not the inquiry

authority and a statement of the finding of the

disciplinary authority together with brief

reasons for its disagreement , if any, with the

finding of the inquiring authority unless they

have already been supplied to him.

It is most respectfully prayed that at the

time of suspension of the workman

whatever rules were in existence, will be

applicable on the workman. Hence, it is clear

from the rule above that Management

cannot impose the major penalties in

absence of court’s final verdict in relation

to the offence if any committed by the

employee. That in the case of answering

workman there is no order of any court by

which the workman is held guilty and no

proper inquiry has been conducted by the

management, there is no justification of

refusal of inquiry. Therefore, imposing of

penalty of removal from service by the

management against the workman is a major

penalty hence; it is illegal, unjust and unfair

and the same is contrary to the provisions

of service rules.

2. That the respondent has not taken any major objection

in relation to the claim statement. That the respondent in

para -8 of preliminary objection has falsely submitted that

they have conducted domestic inquiry under the staff rules

but in fact no inquiry has been conducted only charge

sheet was given to the workman. That the reply of the

workman and his appeal was not considered by the

management. Hence the dismissal from service is illegal. It

is most respectfully submitted that no cognizance has been

taken by the competent court till date with regard to the

allegations leveled by police in said case and same is

pending for trial in the court of Additional Session Judge

N/W Distt. Rohini Court Delhi. Thus before the decision

¹Hkkx IIó[k.M 3(ii)º

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4385

of the trial court, the management should not be permitted

to form any opinion about the workman as for the sake of

natural justice, the management should have not taken

any action or impose any major penalty on him. Even their

service rule applicable on the particular day doesn’t permit

the management to do so. It is therefore submitted that

removal /dismissal of workman from services without

conducting domestic enquiry and in the absence of

judgment and order of the trial court, by the management

is bad illegal and liable to be recalled forth with. That the

case is pending for final judgment in the court of Additional

Session Judge N/W district, Rohini Court, Delhi. Thus ,

before the decision of the trial court , the management has

dismissed the workman from services for which the

management should not be allowed. That the trail court in

the case of Sh. Satish Jain V/s DNSBL has observed that

the board resolution qua termination of the workman

during the trail in the criminal case is not convincing and

not as per service rules. That the termination of the

workman (Satish) was stayed by the civil court. The case

of Satish is still pending. A copy of the order dated

11.09.2012 passed in the case of Sh. Satish Jain Vs. DNSBL

is filed and exhibited as WW-1/6

3. JUDICIAL PRONOUNCEMENTS:-

That the Hon’ble courts in various decisions has held

that even if they have their service rules then also they

should adhere to the principles of Natural Justice.

i) M/s Laxmi Precision Screw Ltd. Vs. Ram Bhagat ,

2002 LAB I.C. 2968 (PARAS-16)

It is observed that the Arbitrariness in an anti-thesis to

rule of law, equity , fair play and justice –contract of

employment there may be but it cannot be devoid of the

basic principles of the concept of Natural Justice.

Wrongful termination /reinstatement

(ii) Deepali Gundu Surwase Vs. K J A Mahavidyalaya &

Ors. 2013 (11) SCALE 268

Says that certain parameter to be looked into. Because the

injury suffered by a person , who is dismissed or removed

or is otherwise terminated from services cannot easily be

measured in terms of money with the passing of an order

of termination not only the concerned employee but his

entire family suffers grave adversities. The reinstatement

of such an employee by a finding of the competent judicial

authority /quasi judicial body or court that the action taken

by the employer is ultra vires the relevant statutory

provisions or the principles of natural justice, entitles the

employee to claim full back wages , gainful employment.

That the gainful employment to be proved by the employer.

If the employer gets failed to prove the employer is entitled

to get full back wages in case of illegal proposition.

1)

In case of wrongful termination of service,

reinstatement with continuity of service and back

wages is a normal rule.

2)

To be decided when issue is made while

considering length of service.

3)

If enquiry conducted is against the principal of

natural justice.

4)

Where victimization is proved against the

employee.

5)

For delay litigant should not be penalized .

That this Hon’bel court may kindly be pleased to pass

the order and judgment in the above facts and

circumstances.

I have heard the arguments of Ld. A/R for the workman

and perused the evidence on record of workman.

It is relevant to mention here that burden to prove issue

no. 1 and 2 was on management but in the instant case

management neither filed written statement nor cross-

examined workman and his witness. As well as management

failed to adduce evidence to prove issue no. 1 and 2. In

these circumstances there is no option to this Tribunal

except to decide issue no. 1 and 2 against management

and in favour of workman. Which are accordingly decided.

So far issue no. 3 and 4 is concerned burden to prove

these issues lies on workman. Through his evidence

workman tried his best to prove issue no. 3 and 4 in his

favour but their Lordship of Hon’ble Supreme court on

the point of reinstatement and grant of back wages has

settled law. Which shows that reinstatement is not a

necessary consequence wherever termination is held

illegal. Depending upon the facts of each case a suitable

compensation can be awarded. In Assistant Engineer,

Rajasthan Dev. Corporation and Anr Vs. Gitam Singh,

(2013)II LLJ 141 Hon’ble Supreme Court has held that

reinstatement of workman with continuity of service and

25% back wages was not proper in the facts and

circumstances of the case and the compensation of

Rs.50,000/-(Rs. Fifty Thousand Only) shall meet the ends

of justice. In Jagbir Singh Vs. Haryana State Agriculture

Marketing Board & Anr AIR 2009 Supreme Court 3004,

Hon’ble Supreme Court held thus “the award of

reinstatement with full back wages in a case where the

workman has completed 240 days of work in a year

preceding the date of termination particularly, daily wagers

has not been found to be proper by this Court and instead

compensation has been awarded.” In catena of Judgments,

Hon’ble Supreme Court has taken a view that reinstatement

is not automatic, merely because the termination is illegal

or in contravention of S-25-F of the Industrial Dispute

Act. In Talwara Co-operative credit and service society

Limited Vs. Sushil Kumar (2008) 9 SCC 486, Hon’ble

Supreme Court held thus,” grant of relief of reinstatement,

it is trite, is not automatic. Grant of back wages is also not

automatic.”

4386

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

Workman of the instant case was not appointed by

following due procedure and as per rules. He had rendered

service with the respondent as a casual worker, thus,

Compensation of Rs. 50,000/- (Rs. Fifty thousand only)

by way of damages as compensation is liable to be

awarded to the workman/claimant which shall be paid to

workman/claimant within 2 months by Management after

expiry of period of limitation of available remedy against

Award. That will meet the ends of Justice.

Reference is decided in favour of workman/ claimant and

against Management.

Award is accordingly passed.

Dated:-19.8.2015

HARBANSH KUMAR SAXENA, Presiding Officer

ubZ fnYyh] 4 uoEcj] 2015

dk-vk- 2130-—vkSn~;ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj Hkkjrh; LVsV

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

vuqca/k esa fu£n"V vkSn~;ksfxd fookn esa dsUnzh; ljdkj vkSn~;ksfxd

vfèdj.k ] t;iqj ds iapkV ¼lanHkZ la[;k 28@2013½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 04@11@2015 izkIr gqvk FkkA

[la- ,y&12012@21@2013&vkbZ vkj ¼ch&1½]

lqefr ldykuh] vuqHkkx vf/kdkjh

New Delhi, the 4th November, 2015

S.O. 2130.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 28/2013)

of the Cent.Govt.Indus.Tribunal-cum-Labour Court, Jaipur

as shown in the Annexure, in the industrial dispute

between the management of State Bank of India and their

workmen, received by the Central Government on 04/11/

2015.

[No. L-12012/21/2013– IR(B-1)]

SUMATI SAKLANI, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, JAIPUR

BHARAT PANDEY,

Presiding Officer

I.D.28/2013

Reference No.L-12012/21/2013-IR(B-I) dated: 20.5.2013

Shri Braham Dev Sargara

S/o Shri Ramuram

R/o Shivbari, Near Post Office,

Bikaner.

V/s

The Assistant General Manager

State Bank of India

Nehru Place, Tonk Road,

Jaipur.

AWARD

25.6.2015

1. The Central Government in exercise of the powers

conferred under clause (d) of Sub Section 1 & 2(A) of

Section 10 of the Industrial Disputes Act 1947 has referred

the following Industrial dispute to this tribunal for

adjudication:-

“Whether the action of the management of State

Bank of India, Zonal Office, Jaipur not to grant

annual increments from 1997 to 2004 to Shri

Braham Dev Sargara, Assistant, NLC, Brasinghsar

Branch, Bikaner is fair, legal and justified? If not,

he is entitled to what relief ?”

2. Pursuant to order dated 24.6.13, notices were sent

to both the parties fixing 17.10.13 for filing statement of

claim. On 17.10.13 both the parties were present, applicant

filed statement of claim. Copy of the claim petition was

given to opposite party fixing 24.12.13 for reply. On 24.12.13

applicant was present. Opposite party sought adjournment

for filing reply which was allowed fixing 24.3.14 for filing

reply. On 24.3.14 none was present from both the side,

9.6.14 was fixed for filing reply to statement of claim

providing last opportunity to opposite party with direction

that case shall proceed ex-party in case reply is not filed.

On 9.6.14 Vakalatnama was filed by opposite party &

adjournment was sought for filing reply which was granted

fixing 31.7.14 for reply.

3. On 31.7.14 applicant was absent & Deputy

Manager, SBI was present. Learned Counsel were on strike,

hence, 16.10.14 was fixed for filing the reply. On 16.10.14

an information dated 16.10.14 addressed to tribunal was

submitted by bank with reference to the present case

wherein it has been mentioned that arrear of salary from

April, 97 to September, 2010 amounting to Rs.2,55,539.91

has already been paid to the applicant Sh. Braham Dev

Sargara & the applicant is satisfied & matter has been

resolved amicably, hence, Hon’ble Tribunal is requested

to close the matter. Along with above letter of information

a letter dated 15.9.14 sent to AGM, State Bank of India,

Regional Office, Jaipur by applicant has also been filed on

record. Letter dated 15.9.14 has been sent for information

& necessary action to AGM, State Bank of India, Region-

4, Jaipur. Applicant Sh. Braham Dev Sargara has written in

his letter dated 15.9.14 that he had applied for voluntary

retirement vide his letter of request dated 8.3.14. He has

further said that he had applied for voluntary retirement

because bank had stopped pay increment from 1997 till

2004 but bank started giving increment from year 2005.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4387

According to content of letter, in his entire banking career

of 32 years he had not committed any mistake which

occasioned any loss to the bank. He has further said that

he had applied for voluntary retirement because he had

four daughters who were required to be married, hence, he

was under compulsion to apply for voluntary retirement

so that he could get money from the bank. Further he has

alleged that as payment of arrear of increment in pay from

1997 to 2004 has been made by the bank without delay,

hence, money received in form of arrear will meet the

requirement of marriage. He has thanked the bank for

making payment & in view of receipt of arrear which has

met the need of the marriage of his daughters he has

decided to withdraw the application of voluntary

retirement. Accordingly he has prayed the withdrawal of

application of voluntary retirement dated 8.3.14.

4. Above application of the applicant filed by bank

was taken on record on 16.10.14. On 16.10.14 an order was

passed directing the applicant to show that why the

proceeding of the case be not closed. On 16.10.14 next

date 20.11.14 was fixed. On 20.11.14 learned counsel for

the applicant appeared. Opposite party was absent. It was

submitted by learned counsel for applicant that increment

given to the applicant is not to the extent admissible to

him. File was fixed for further order in afternoon on 20.11.14.

In the afternoon of 20.11.14 learned counsel for applicant

& Deputy Manager from the bank appeared for the parties.

It was alleged by Deputy Manager that entire payment

has been made & the workman is working in the branch of

the bank & he is satisfied with the payment. 22.12.14 was

next date fixed for filing the satisfaction of the applicant &

reply to the statement of claim by the opposite party. On

22.12.14 applicant side remained absent, learned

representative for opposite party appeared but reply to

statement of claim or satisfaction of the applicant was not

filed. 9.3.15 was next date fixed for filing reply to statement

of claim by opposite party. On 22.12.14 it was reiterated by

opposite party that entire payment to the applicant has

been made. On 9.3.15 both the parties were absent & an

order was passed to proceed ex-parte against opposite

party fixing 15.4.15 for ex-parte evidence of the applicant.

5. On 15.4.15 applicant was absent. Opposite party

was present. Presiding Officer was on leave. Next date

10.6.15 was fixed for ex-parte evidence of the applicant.

On 10.6.15 none appeared. It was observed by the Tribunal

that reply to statement of claim was not filed on the ground

that applicant is already working in the bank who is

satisfied with the payment made by the bank. It was further

observed that on 20.11.14 it was ordered that bank should

file either reply to statement of claim or satisfaction of the

applicant that he is satisfied with payment made by the

bank but neither letter of satisfaction nor reply to

statement of claim was filed due to which ex-parte order

was passed against the bank & applicant was provided

opportunity to lead ex-parte evidence but it appears that

applicant is also not interested in filing ex-parte evidence,

hence, last opportunity was given to applicant to file ex-

parte evidence on 18.6.15.

6. After passing order on 10.6.15 learned counsel

for the bank appeared with an officer of the bank at 13.50

hours & filed two documents which was taken on record

& the learned counsel of the bank & bank officer both

were informed that case is proceeding ex-parte against the

bank. One of the two documents submitted by the bank is

an application written by Branch Manager to the AGM,

State Bank of India, Region-VI, Administrative Office,

Jaipur, wherein it has been alleged that an application

submitted by applicant Sh. Braham Dev Sargara for

withdrawing the case from the Labour Court is forwarded

to the AGM. Attested Photocopy of the withdrawal

application attested by the officer of the bank has been

attached to the application. In withdrawal application of

the applicant Sh. Braham Dev Sargara addressed to Branch

Manager, it has been submitted that bank has made

payment in relation to eight unpaid increments admissible

to him & his pay fixation from year 2010 has also been

done correctly. He is thankful to the bank for the act of

payment & pay fixation. The applicant has further said

that on next date he will withdraw his case from tribunal &

through this application he is withdrawing his case. The

application of the applicant is dated 20.4.2015.

7. On 18.6.15 applicant was absent & on behalf of

bank an officer of the bank Sh. S.L.Meena, Manager (HR)

was present. Ex-parte evidence was not submitted by

applicant. No adjournment was filed from the applicant

side, hence, opportunity for the evidence of applicant was

closed. It was submitted by Manager (HR) that no evidence

is required to be produced on behalf of bank in absence of

evidence from applicant side. Accordingly, evidence for

both the parties was closed & case was fixed for argument

on 24.6.14. On 24.6.14 also none was present on behalf of

applicant. Sh. Shanker Lal Meena, Manager (HR) was

present on behalf of opposite party who alleged that entire

payment has been made to the applicant & applicant is

working in the branch office of the bank & has no objection

if the case is closed.

8. According to statement of claim the fact of the

case is that the applicant was appointed on 4.1.84 on the

post of Messenger & promoted to the post of ‘Assistant’

on 19.8.2010. At the time of submitting statement of claim

he is working on the post of Assistant in L.N.C.,

Barsinghsar, Bikaner branch. It has been further alleged

that since his date of appointment till 1996 he was getting

regular annual increment but since 1997 suddenly without

sufficient cause annual increment was stopped by the bank

& remained stopped till the year 2004 which has resulted

into a great injustice to the applicant which gave rise to

industrial dispute. Due to stoppage of increment the

applicant is receiving less amount of pay & suffers

4388

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

economic loss every month. It has been further alleged

that orally & in writing he made several request to get

benefit of increment from 1997 to 2004 which was not

considered by the employer.

9. It has been further alleged that his credit balance

of leave has been made NIL by the employer & deduction

has been made from his pay on account of leave availed

by him despite the fact that leave was existing to his credit

& yet he was given leave without pay which has

occasioned injustice to him. It has been further alleged

that the applicant’s daughters are in marriageable age &

due to stoppage of increments he has been placed in

financial difficulty. It has also been alleged that unfair

labour practice is being followed by the bank. Thus, the

applicant has prayed that order be passed for payment of

arrears of increment from 1997 to 2004 in favour of applicant

with 18% interest.

10. It is clear from the record of the proceedings that

after filing of statement of claim as noted above reply to

the statement of claim has not been filed by opposite party

bank. It is also clear that case has proceeded ex-parte

against the bank on 9.3.15 & since then on the dates fixed

for ex-parte evidence no evidence has been adduced from

the applicant side in support of statement of claim. It is

also clear that applicant Sh. Braham Dev Sargara in his

application dated 20.4.15 has expressed his intention to

withdraw the case stating in the application that he is

withdrawing the case. As the applicant has not lead any

evidence, hence, the application is liable to be dismissed

for want of evidence. The application is also fit to be

dismissed as withdrawn but as the application for

withdrawal by the applicant has not been submitted by

him to the court & he has not appeared before the court in

person for withdrawing the case, hence, I am of the view

that application is fit to be dismissed for want of evidence.

Accordingly, the application of the applicant is dismissed

for lack of evidence.

11. Award as above.

BHARAT PANDEY, Presiding Officer

ubZ fnYyh] 4 uoEcj] 2015

dk- vk- 2131-—vkSn~;ksfxd fookn vf/kfu;e]1947 ¼1947

dk 14½ dh èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if’pe jsyos]

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

vuqca/k esa fu£n"V vkSn~;ksfxd fookn esa dsUnzh; ljdkj vkSn~;ksfxd

vf/kdj.k] t;iqj ds iapkV ¼lanHkZ la[;k 9@2014½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 04@11@2015 izkIr gqvk FkkA

[la- ,y&41012@274@2003&vkbZ vkj ¼ch&1½]

lqefr ldykuh] vuqHkkx vf/kdkjh

New Delhi, the 4th November, 2015

S.O. 2131.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 9/2014)

of the Cent.Govt.Indus.Tribunal-cum-Labour Court, Jaipur

as shown in the Annexure, in the industrial dispute

between the management of Western Railway and their

workmen, received by the Central Government on 04/11/

2015.

[No. L-41012/274/2003– IR(B-1)]

SUMATI SAKLANI, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, JAIPUR

BHARAT PANDEY,

Presiding Officer

I.D.9/2014

Reference No.L-41012/274/2003-IR(B-I) dated: 25.2.2014

Shri Raghuveer Singh Sisodia

General secretary,

Paschim Rly. Karmchari Parishad

Jai Prakash Chowk, Khanpura,

Ahmedabad (Gujarat).

V/s

1.The Chief Project Manager

Western Railway

Ahmedabad (Gujarat).

2.The Chief Project Manager

North Western Railway

Zonal Office, Jaipur.

AWARD

17.8.2015

1. The Central Government in exercise of the powers

conferred under clause (d) of sub-section 1 & 2(A) of

Section 10 of the Industrial Disputes Act 1947 has referred

the following Industrial dispute to this tribunal for

adjudication:-

^^D;k fu;kstu eq[; ifj;kstuk izac/kd] mRrj if’pe

jsyos tksuy dk;kZy; t;iqj ,oa eq[; ifj;kstuk

izca/kd] if'pe jsyos vgenkckn ds deZdkj Jh jkteuhde

iq= Jh jkepanz dks tUe frfFk fnukad 10-03-43 ekudj

eq[; ifj;kstuk izca/kd i- js- t;iqj ds }kjk i= da

bZ@949@1& tsih fnukad 19-10-2000 ds rgr lsok ls

i`Fkd djuk ,oa iw.kZ osru ykHk @ HkRrs vkfn dk Hkqxrku

ugha djuk mfpr ,oa oS/k gSa\ ;fn ugha arks deZdkj vius

fu;kstd ls D;k jkgr ikus dk vf/kdkjh gS\**

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4389

2. Pursuant to the receipt of the reference order,

registered notices were issued to both the parties as per

the order of the tribunal dated 20.3.2014 fixing 24.6.2014

for filing statement of claim. On 24.6.2014 case was called

out, none was present from either side. Order was passed

to issue notice to the applicant Sh. Raghubir Singh Sisodia,

General Secretary, Western Railway Karamchari Parishad,

Ahmedabad, (Gujarat) & opposite party No.3 & 4 fixing

5.8.2014 for filing statement of claim. On 5.8.2014 learned

advocates were on strike & both the parties were absent,

22.10.2014 was next date fixed for filing statement of claim.

On 22.10.2014 both the parties were absent. On perusal of

record it was found that Chief Project Manager, Western

Railway was unserved. Applicant was served in person.

Notice sent to applicant in the name of General Secretary

was also served upon him. Chief Project Manager, North

Western Railway was served by refusal. Order was passed

to issue notice against the unserved parties & for filing

statement of claim on 26.12.2014.

3. On 26.12.2014 both the parties were absent &

Presiding Officer was on leave. 23.3.2015 was fixed for

filing statement of claim & for further order in the case. On

23.3.2015 both the parties were absent. Order was passed

to issue notice to the Chief Project Manager, Western

Railway, Ahmedabad, (Gujarat) fixing 28.4.2015 for service

of notice & for filing statement of claim. On 28.4.2015 both

the parties were absent. Notice sent to Chief Project

Manager, Western Railway, Ahmedabad, (Gujarat)

returned with endorsement that address mentioned on the

notice is incomplete. Order was passed to file statement of

claim on next date 28.7.2015 beside re-issuing of notice to

the Chief Project Manager, Western Railway, Ahmedabad,

(Gujarat).

4. On 28.7.2015 none appeared from both the side.

From perusal of record of service it was found that

applicant was served in person & Chief Project Manager,

Western Railway, Ahmedabad, (Gujarat) was served by

denial of notice. Rest of the opposite parties were also

served but statement of claim was not filed by applicant

till 28.7.2015. In the interest of justice case was adjourned

by the tribunal on its own motion providing opportunity

to the applicant for filing statement of claim fixing 14.8.2015

as next date.

5. On 14.8.2015 case was called out. Both the

parties were absent. From perusal of the order-sheet of

the case it appeared that applicant was served for filing

statement of claim on 22.10.2014 but he did not file

statement of claim till 14.8.2015. Beside applicant rest of

the parties were also served but none appeared from the

date of service till 14.8.2015. In above facts & circumstances

looking into the neglect of the applicant in pursuing the

matter further case was reserved for passing “No Claim

Award”. It is pertinent to note that on 25.2.2014 reference

order was sent by Ministry to applicant with direction to

file statement of claim within 15 days from the date of

receipt of reference. Applicant has neither filed statement

of claim on the direction of Ministry nor on notice &

knowledge of the proceeding pending before the tribunal.

It appears that applicant is not interested & willing in

submitting the claim for adjudication. In the circumstances

& in the absence of material evidence brought on record,

tribunal is unable to record the finding on the issues

referred to it on merit. Accordingly, “No Claim Award” is

passed in this matter. The reference under adjudication is

answered accordingly.

6. Award as above.

BHARAT PANDEY, Presiding Officer

ubZ fnYyh] 4 uoEcj] 2015

dk-vk- 2132- —vkSn~;ksfxd fookn vf/kfu;e]1947 ¼1947

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

jktLFkku {ks=h; xzkeh.k cSad izca/kra= ds lac) fu;kstdksa vkSj muds

deZdkjksa ds chp vuqca/k esa fu£n"V vkSn~;ksfxd fookn esa dsUnzh;

ljdkj vkSn~;ksfxd vf/kdj.k t;iqj ds iapkV ¼lanHkZ la[;k

67@2015½dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 04@11@2015

dks izkIr gqvk FkkA

[la- ,y&12011@39@2015&vkbZ vkj ¼ch&1½]

lqefr ldykuh] vuqHkkx vf/kdkjh

New Delhi, the 4th November, 2015

S.O. 2132.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 67/2015)

of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Jaipuras shown in the Annexure, in the industrial dispute

between the management of Baroda Rajasthan Kshetriya

Gramin Bankand their workmen, received by the Central

Government on 04/11/2015.

[No. L-12011/39/2015– IR(B-1) ]

SUMATI SAKLANI, Section Officer

vuqca/k

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k ,oa Je U;k;ky;] t;iqj

lh-th-vkbZ-Vh-izdj.k la- 67@2015

Jh Hkjr ik.Ms;

ihBklhu vf/kdkjh

jsQjsUl ua- -L- 12011/39/2015–( IR (B-I) fnukad 15/07/2015

4390

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

The Secretary,

Grameen Bank Officers Organization & Grameen Bank

Employees Union,

B- 124, Sethi Colony,

Jaipur (Rajasthan)

v/s

The Regional Manager,

Baroda Rajasthan Kshetriya Grameen Bank,

Regional Office, Kalash Tower,

13- Lajpat Nagar, Alwar.

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%

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x;kA lqyg es adksbZ 'krZ ’ugha gS rFkk fcuk 'krZ ;qfu;u eqdn~nes dks okil

ys jgh gSA vr% lqygukes ds vk/kkj ij bl izdj.k dks ;kph dks okil ysus

dh vuqefr iznku dh tkrh gSA lqygukek fnukafdr 30@09@2015 iapkV

dk va'k gksxkA

6- U;k;fu.kZ;u gsrq izsf"kr funsZ'k dk mRrj mDr izdkj fn;k tkrk

gSA iapkV rn~uqlkj ikfjr fd;k tkrk gSA

Hkjr ik.Ms;] ihBklhu vf/kdkjh

ubZ fnYyh] 4 uoEcj] 2015

dk-vk- 2133-—vkS|ksfxd fookn vf/fu;e] 1947 ¼1947 dk

14½ dh èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj esllZ xkSre LVksu odZl

ds izcaèra= ds laca) 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] èuckn ds iapkV ¼lanHkZ la[;k 26@1995½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 02@11@2015 dks izkIr gqvk FkkA

[la- ,y& 29012@88@1994&vkbZvkj ¼,e½]

uohu diwj] voj lfpo

New Delhi, the 4th November, 2015

S.O. 2133.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 26/1995)

of the Central Government Industrial Tribunal/Labour

Court-1, Dhanbadnow as shown in the Annexure in the

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4391

Industrial Dispute between the employers in relation to

the management of M/s Goutam Stone Works and their

workman, which was received by the Central Government

on 03/11/2015.

[No. L-29012/88/1994-IR(M)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO.1) DHANBAD

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

1947

Ref. No.26 of 1995 .

Employer in relation to the management of M/s Goutam

stone works.

AND

Their workmen

Present : Sri Ranjan Kumar Saran,

Presiding Officer

Appearances :

For the Employers

: None

For the workman

: None

State

: Jharkhand.

Industry

:Stone mines.

Dated: 23/10/2015

AWARD

By Order No.L-29012/88/1994-IR (M),

dated 21/02/1995, the Central Government in the Ministry

of Labour has, in exercise of the powers conferred by clause

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

of the Industrial Disputes Act, 1947, referred the following

disputes for adjudication to this Tribunal:

SCHEDULE

“Whether the management of M/s Gautam Stone

Works, Sahebgunj in removing Sri Mahavir Yadav

from his service and refusing to re-employ him on his

job was legal and justified? If not, to what relief the

concerned workman is entitled?”

2. After receipt of the reference the parties are

noticed. Though they took steps for certain dates,

subsequently did not appears nor take any interest in the

case. It is presumed that the disputes between parties

have been resolved in the meantime. Hence No Dispute

Award is passed.

R.K. SARAN, Presiding Officer

ubZ fnYyh] 4 uoEcj] 2015

dk-vk- 2134.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj esllZ vkj- ds-

ekcZyl fyfeVsM ds izca/kra= ds laca) fu;kstdksa vkSj muds deZdkjksa ds

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

vf/kdj.k ,oa Je U;k;ky;] t;iqj ds iapkV ¼lanHkZ la[;k 8@2015½ dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 03@11@2015 dks izkIr gqvk FkkA

[la- ,y&29012@27@2014&vkbZvkj¼,e½]

uohu diwj] voj lfpo

New Delhi, the 4th November, 2015

S.O. 2134—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 8/2015)

of the Central Government Industrial Tribunal/Labour

Court, Jaipur now as shown in the Annexure in the

Industrial Dispute between the employers in realtion to

the management of M/s R.K. Marbles Ltd. and their

workman, which was received by the Central Government

on 03/11/2015.

[No. L-29012/27/2014-IR(M)]

NAVEEN KAPOOR,Under Secy.

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, JAIPUR

BHARAT PANDEY,

Presiding Officer

I.D.8/2015

Reference No.L-29012/27/2014-IR(M) dated: 15.12.2014

Sh. Aman Kumar Jha

S/o Shri Ramakant Jha

R/o Rajendra Nagar,

Dheeranpatti (Bela)

P.O. – R.K.Ashram

Dist. – Mujaffarpur (Bihar) Bihar.

V/s

The General Manager

M/s R.K.Marbles Ltd.

Morwad, Dist. Rajsamand,

(Rajasthan), Rajsamand.

AWARD

30.9.2015

1. The Central Government in exercise of the powers

conferred under clause (d) of Sub Section 1 & 2(A) of

Section 10 of the Industrial Disputes Act, 1947 has referred

the following Industrial dispute to this tribunal for

adjudication:-

4392

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

“Whether the action of the management of M/s

R.K.Marbles Ltd., Morwad Rajsamand, in termination

services of Shri Aman Kumar Jha S/o Shri Ramakant

Jha w.e.f. 14.01.2014 is legal and justified? If not,

what relief the workman is entitled to?”

2. After receipt of reference it was registered on

8.1.2015 & registered notices were sent to both the parties

fixing 22.6.2015 for filing statement of claim. On 22.6.2015

none appeared from both the side. Next date 10.8.2015

was fixed for filing statement of claim furnishing

opportunity to the claimant & adjourning the case for the

day. Acknowledgement sent with registered notices were

not received back.

3. On 10.8.2015 none appeared from both the side.

Acknowledgement from the opposite party was received

back on record but acknowledgement connected with

notice of the applicant was not received back. Order was

passed to issue fresh notice to the applicant fixing

29.9.2015 for filing statement of claim. On 27.8.2015 notice

was sent to the applicant for filing statement of claim till

29.9.2015 in compliance of order dated 10.8.2015.

4. On 29.9.2015 none appeared from both the side.

Despite the fact that twice notices were sent to applicant

none appeared on his behalf & statement of claim was not

filed. It is pertinent to note that after receipt of reference

applicant is under obligation to file statement of claim suo

moto within 15 days from the date of receipt of reference

forwarding a copy of such statement of claim to each one

of the opposite parties involved in this dispute. Applicant

has neither opted to file statement of claim on his own

motion nor on the notices sent by the Tribunal.

5. In above fact & circumstances & in absence of

statement of claim it is not possible for the Tribunal to

answer the reference on merit. Accordingly, “No Claim

Award” is passed against the reference in question.

6. Award as above.

BHARAT PANDEY, Presiding Officer

ubZ fnYyh] 4 uoEcj] 2015

dk-vk- 2135-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj esllZ ,lksfl,VsM

LVksu baMLVªht fyfeVsM ds izcaèkra=k ds lac¼ fu;kstdksa vkSj muds

deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;] t;iqj ds iapkV

(lanHkZ la[;k 33@2014) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj

dks 03@11@2015 dks izkIr gqvk FkkA

[la- ,y&29012@40@2013&vkbZvkj (,e)]

uohu diwj] voj lfpo

New Delhi, the 4th November, 2015

S.O. 2135.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No.33/2014)

of the Central Government Industrial Tribunal/

LabourCourt, Jaipur now as shown in the Annexure in the

Industrial Dispute between the employers in relation to

the management of M/s Associated Stone Industries Ltd.

and their workman, which was received by the Central

Government on 03/11/2015.

[No. L-29012/40/2013-IR(M)]

NAVEEN KAPOOR, Under Secy.

vuqca/k

vuqca/k

vuqca/k

vuqca/k

vuqca/k

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k ,oa Je

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k ,oa Je

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k ,oa Je

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k ,oa Je

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k ,oa Je

U;k;ky;] t;iqj

U;k;ky;] t;iqj

U;k;ky;] t;iqj

U;k;ky;] t;iqj

U;k;ky;] t;iqj

lh-th-vkbZ-Vh- izdj.k la- 33@2014

lh-th-vkbZ-Vh- izdj.k la- 33@2014

lh-th-vkbZ-Vh- izdj.k la- 33@2014

lh-th-vkbZ-Vh- izdj.k la- 33@2014

lh-th-vkbZ-Vh- izdj.k la- 33@2014

Hkjr ik.Ms;]

ihBklhu vf/kdkjh

jsQjsUl ua- L-29012/40/2013– IR (M) fnukad 17-04-2014

Shri Kalu Lal Panwar S/o. Shri Mangilal Panwar,

R/o Village & Post Laxmipura,

Tehsil- Ramganjmandi,

Distt.- Kota. (Rajasthan)

v/s

The Manager,

M/s Associated Stone Industries Ltd.,

Tehsil- Ramganjmandi,

Distt.- Kota. (Rajasthan)

izkFkhZ dh rjQ ls % Jh leFkZ 'kekZ & ,MoksdsV

vizkFkhZ dh rjQ ls % Jh :fiu dqekj dkyk & ,MoksdsV

% % % % % iapkV

iapkV

iapkV

iapkV

iapkV % % % % %

fnukad % 06- 08- 2015

1- dsUnzh; ljdkj }kjk vkS|ksfxd fookn vf/kfu;e]

1947 dh /kkjk 10 dh mi/kkjk 1 [k.M+ ¼?k½ ds vUrxZr fnukad

17@04@2014 ds vkns'k ls izsf"kr fookn ds vk/kkj ij ;g

izdj.k U;k;fu.kZ;u gsrq lafLFkr gSA dsUnzh; ljdkj }kjk izsf"kr

fookn fuEuor~ gS %&

2. ‘Whether the action of the management of M/s

Associated Stone Industries Ltd., Ramganj Mandi in

terminating the services of Shri Kalu Lal Panwar S/o Shri

Mangilal Panwar w.e.f. 23.01.2013 is legal and justified? If

not, what other relief the workman is entitled to?’

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4393

3- LVsVesUV vkQ Dyse esa fn;s x;s rF; ds vuqlkj

laf{kIrr% ;kph Jh dkywyky dk dFku gS fd og foi{kh dEiuh

esa gsYij ds in ij fnuakd 4-1-90 ls fu;fer Jfed ds :Ik esa

fu;qDr Fkk ftldk jft- chV la[;k 15324 ,oa izks-Q-Vksdu ua-

55168 Fkk rFkk vizkFkhZ dEiuh ds fofHkUu fiV uEcjksa ij dk;Zjr

FkkA bl izdkj izkFkhZ o vizkFkhZ ds e/; fu;kstd ,oa Jfed ds

lEcU/k jgs gSaA vkxs ;g dFku gS fd foi{kh dEiuh }kjk izkFkhZ

dks [kku y{ehiqjk Hkkx 6 esa fLFkr yht {ks= esa dEiuh dh Vkijh

fuokl gsrq nh xbZ rFkk mDr Vkijh ;kph }kjk vokaNuh; rRoksa

dks csp fn;s tkus ds dkj.k dEiuh dks uqdlku igqapus ,oa

lqpk: :Ik ls dk;Z lEiUu gksus esa ck/kk mRiUu gksus ds vk/kkj

ij fnukad 23-1-2013 dks izkFkhZ dh lsok lekIr fd;s tkus dk

voS/kkfud vkns'k dEiuh }kjk tkjh fd;k x;kA izkFkhZ dks dEiuh

ls dk;Z eqDr dj tcju ,oa euekus rkSj ij gVk fn;k x;k

tcfd mDr Vkijh ftl Hkwfe ij cuh Fkh og ;kph dh Loa; dh

[kjhnh gqbZ feyfd;r Fkh ftldk izkFkhZ ds i{k esa fu;ekuqlkj

fnukad 16-7-98 dks iV~Vk tkjh gqvk FkkA izkFkhZ mDr Hkwfe dk

mi;ksx ,oa miHkksx djus dk gdnkj gS vkSj mDr Hkwfe ls

lEcfU/kr leLr gd izkIr gSaA vkxs izkFkhZ dk ;g dFku gS fd

foi{k }kjk lk”k; izkFkhZ dks lsokfu;eksa dk mYya?ku djrs gq,

fcuk fdlh mfpr dkj.k ds lsok lekfIr i= tkjh dj fn;k x;k

tks izkFkhZ ds laoS/kkfud vf/kdkj ij izR;{k dqBkjk?kkr ds lkFk gh

Hkkjrh; fof/k }kjk LFkkfir fl)kUrksa ,oa izkfo/kkuksa dk mYya?ku

gS rFkk fof/k fo:) ,oa uSlfxZd fl)kUr dh vogsyuk gSA foi{kh

dEiuh }kjk viuh iz”kklfud 'kfDr;ksa dk fujUrj nq:Ik;ksx

fd;k tk jgk gS tcfd fu;ekuqlkj mDr dkj.k ds vk/kkj ij

fdlh izdkj lsokeqDr ugha fd;k tk ldrk D;ksafd izkFkhZ dks ;g

vf/kdkj izkIr gS fd og viuh Hkwfe dk mi;ksx djsa] gLrkukUrj.k

djsa vFkok nku djsaA izkFkhZ }kjk bl lEcU/k esa foi{kh ls lEidZ

Hkh fd;k x;k ysfdu dksbZ lUrks”kizn tokc ugha fn;s tkus ij

mDr Hkwfe dks izkFkhZ }kjk cspuk iM+k ftlds lEcU/k esa nLrkost

layaXu gSA

4- vkxs izkFkhZ dk ;g dFku gS fd vizkFkhZ ds fu;kstu esa

dk;Z dj ceqf”kdy og viuk o vius ifjokj dk Hkj.k iks"k.k

dj jgk Fkk fdUrq vizkFkhZ dEiuh ds bl euekus o voS/kkfud

dk;ZeqfDr vkns”k ds dkj.k izkFkhZ dks vdkj.k gh xgjk ekufld]

'kkjhfjd o vkfFkZd d"V mBkuk iM+ jgk gS ftldh {kfriwfrZ

vizkFkhZ dEiuh ls izkIr djus dk vf/kdkjh gSA izkFkhZ }kjk

ckj&ckj fuosnu ds i'pkr foi{kh dEiuh }kjk mls dk;Z ij

okil ugha ysus ds ifj.kkeLo:i izkFkhZ us fnukad 31-1-2013 dks

jk"Vªh; etnwj la?k ¼baVd½] jkexate.Mh ds ek/;e ls ,d

uksfVl foi{kh dEiuh dks Hksth ftldk lUrks"kizn tokc dEiuh

}kjk ugha fn;k x;kA uksfVl dh izfr ;kfpdk ds lkFk layaXu

gSA blds ckn foi{kh us ,d uksfVl vius vf/koDrk ds ek/;e

ls izsf"kr dh tks foi{kh dks izkIr gqbZ ysfdu foi{kh us izkFkhZ dks

lsok esa okil iquLFkkZfir ugha fd;k vkSj u gh cdk;k /kujkf”k

dh vnk;xh dhA foi{kh dk ;g d`R; ^^vuqfpr Je O;ogkj** dh

Js.kh esa vkrk gSA

5- ;kfpdk ds izLrj 7 esa izkFkhZ dk dFku gS fd U;k;kf/kdj.k dks

orZeku ekeys dh lquokbZ dk {ks=kf/kdkj izkIr gS D;ksafd izkFkhZ

ftyk dksVk dk LFkkbZ fuoklh gS vkSj mldh fu;qfDr Hkh dksVk

esa gqbZ ,oa foi{kh dEiuh dk iathd`r dk;kZy; Hkh dksVk esa fLFkr

gSA izkFkhZ us ;kpuk dh gS fd mlds fo:) ikfjr dk;ZeqfDr

vkns”k fnukad 23-1-2013 fujLr dj iqu% mls mlds in ij

iquZLFkkfir fd;k tk; vkSj osru ,oa HkRrksa dh /kujkf”k fnyk;s

tkus dk vkns”k Hkh lsok esa fujUrjrk cuk;s j[kus ds lkFk fn;k

tk;A

6- i=koyh fnukad 6-8-15 dks oknksRrj@i{kdkjksa ds chp

le>kSrs ds vk/kkj ij vfUre fuLrkj.k ds fy;s fu;r FkhA

mHk;i{k }kjk fnukad 6-8-15 dks vkosnu bl vk/kkj ij izLrqr

gqbZ fd le>kSrs ds vk/kkj ij iapkV ikfjr fd;k tk;A vkosnu

ds lkFk i{kdkjksa dh rjQ ls lqyg dh 'krsZa **le>kSRkk i=** ds

:Ik esa izLrqr gqbZA ^^le>kSrk i=** fuEuor gS %&

Øekad

fnukad % 03-08-2015

le>kSrk&i=

le>kSrk&i=

le>kSrk&i=

le>kSrk&i=

le>kSrk&i=

QkseZ&**,p**

QkseZ&**,p**

QkseZ&**,p**

QkseZ&**,p**

QkseZ&**,p**

¼nsf[k;s fu;e 58½

vkS|ksfxd fookn vf/kfu;e] 1947 dh /kkjk 12¼3½ ds

vUrxZr Jh dkywyky iaokj vkRet Jh ekaxhyky ,oa ,lksfl,VsM

LVksu b.MLVªht ¼dksVk½ fyfeVsM] jkexate.Mh izcU/kdksa ds eè;

okrkZ ds nkSjku fnukad 03-08-2015 dks lEiUu le>kSrk%&

izcU/kd izfrfuf/k %&

1-Jh vkj-,l- 'kekZ] lgk;d

egkizcU/kd ¼dkfeZd ,oa iz'kklu½

,lksfl,VsM LVksu b.MLVªht ¼dksVk½

fy-] jkexate.Mh ftyk & dksVk

¼jkt-½

;wfu;u izfrfuf/k %&

1- Jh dkywyky iaokj vkRet Jh

ekaxhyky fuoklh xzke o iksLV

y{ehiqjk rglhy jkexate.Mh

ftyk dksVk ¼jkt-½

fookn dk laf{kIr f

fookn dk laf{kIr f

fookn dk laf{kIr f

fookn dk laf{kIr f

fookn dk laf{kIr fooj.k

ooj.k

ooj.k

ooj.k

ooj.k (Short recitals of the

case)

Jfed Jh dkywyky iaokj vkRet Jh ekaxhyky gsYij

[kku y{ehiqjk dks izcU/kd eSllZ ,lksfl,VsM LVksu b.MLVªht

¼dksVk½ fyfeVsM }kjk izkFkhZ }kjk dEiuh yht esa cuk;s vLFkkbZ

vkokl dks vokaNuh; rRoksa dks fcuk vuqefr csp fn;s tkus ij

4394

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

mls lsokvksa ls fnukad 23-1-2013 dks i`Fkd dj fn;k x;k FkkA

ftldk fookn yxk;k tks vHkh dsUnzh; ljdkj vkS|ksfxd vfèkdj.k

,oa Je U;k;ky; t;iqj esa fopkjk/khu gSA mDr lanHkZ esa nksuks

i{kksa ds e/; dkQh xgu fopkj foe”kZ gqvk rFkk nksuksa ds e/;

fuEu 'krkZsa ij le>kSrk lEiUu gqvkA

le>kSrs dh 'krsZ

le>kSrs dh 'krsZ

le>kSrs dh 'krsZ

le>kSrs dh 'krsZ

le>kSrs dh 'krsZ

1- ;g fd izkFkhZ Jh dkywyky iaokj vkRet Jh ekaxhyky

dk lsok ls i`Fkd djus dk fookn tks ekuuh; dsUnzh; ljdkj

vkS|ksfxd vf/kdj.k ,oa Je U;k;ky; t;iqj ds le{k yfEcr

gSa mls lekIr djus ds cnys esa izcU/kd mls crkSj ,Dlxzsfl;k

jkf”k :Ik;s 1]00]000@&¼v{kjs ,d yk[k :Ik;s½ dk Hkqxrku t;sZ

psd ua- 007724 fnukad 17-07-2015 H.D.F.C.cSad ls dj nsxsA

gLrk{kj iBuh; izkFkhZ

dkywyky

gLrk{kj viBuh;

vkj-,l- 'kekZ]

2- nksuksa i{k lger gSa fd ekuuh; U;k;ky; vkS|ksfxd

vf/kdj.k ,oa Je U;k;ky; ds le{k nksukas i{k mifLFkr gksdj

fookn lekfIr gsrq vyx ls izkFkZuk&i= izLrqr dj fookn

lekIr djk ysxsA

3- ;g fd bl le>kSrs ds QyLo:Ik izkFkhZ dk vc lsok

lekfIr laca/kh dksbZ fookn 'ks"k ugha jgk gSa rFkk izkFkhZ iqu% ukSdjh

esa Reinstatement ds vf/kdkj dk Hkh Lor% ifjR;kx djrk gSaA

nksuksa i{k lger gSa nksuks i{k bl le>kSrs dks Fairo Reasonable

ekurs gSaA

4- ;g fd Hkfo"; esa bl ckjs esa dksbZ fookn vU; fdlh

izkf/kdkjh@U;k;ky; ds le{k py jgk gksxk rks og bl le>kSrs

ds QyLo:Ik lekIr le>k tkosxkA mHk; i{k lger gSaA

5- ;g fd izkFkhZ dk vc izcU/kdksa ls Full and Final

settlement gks x;k gSa rFkk dksbZ cdk;k 'ks"k ugha gSa izkFkhZ dks ih-

,Q- o xzsT;qVh dk Hkqxrku vyx ls ns; gksxkA

gLrk{kj izcU/k

gLrk{kj izcU/k

gLrk{kj izcU/k

gLrk{kj izcU/k

gLrk{kj izcU/kd izfrfuf/k

d izfrfuf/k

d izfrfuf/k

d izfrfuf/k

d izfrfuf/k

gLrk{kj

Jfed

gLrk{kj

Jfed

gLrk{kj

Jfed

gLrk{kj

Jfed

gLrk{kj

Jfed

izfrfufè

izfrfufè

izfrfufè

izfrfufè

izfrfufèk

gLrk{kj viBuh;

gLrk{kj iBuh;

dkywyky

1- vkj- ,l- 'kekZ]

1- Jh dkywyky iaokj

lgk;d egkizca/kd ¼dkfeZd ,oa

vkRet Jh ekaxhyky

iz'kklu½ ,lksfl,VsM LVksu

fuoklh xzke o iksLV

b.MLVªht ¼dksVk½ fy-]

Yk{ehiqjk rglhy

jkexate.Mh ftyk dksVk ¼jkt-½

jkexate.Mh ftyk

dksVk ¼jkt-½

xokg % &

gLrk{kj iBuh;

Identified by

vkseizdk'k

gLrk{kj viBuh;

gLrk{kj ,MoksdsV

viBuh;

6&8&15

7- ^^le>kSrk i=^^ ds vk/kkj ij eqdnesa dk fuLrkj.k

djrs gq, fnukad 6-8-15 dks fuEu vkns”k ikfjr fd;s x;s %&

06-8-15

06-8-15

06-8-15

06-8-15

06-8-15

is'k gqvkA Jh dkywyky iaokj vius fo}ku vf/koDrk ds

lkFk mifLFkr gSaA foi{k dh rjQ ls Jh vkj-,l- 'kekZ] lgk;d

egkizcU/kd ¼dkfeZd ,oa iz”kklu½ vius fo}ku izfrfuf/k ds lkFk

mifLFkr gSaA izkFkhZ Jh dkywyky dh igpku muds fo}ku

vfèkoDrk Jh leFkZ 'kekZ ,MoksdsV rFkk foi{kh dh igpku muds

fo}ku vf/koDrk Jh :fiu dkyk] ,MoksdsV us dh gSA Jh :fiu

dkyk ,MoksdsV dk vf/kdkj i= i=koyh ij j[kk x;kA

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fd;k x;k vkSj vkosnu ds ek/;e ls izkFkZuk dh x;h fd layXu

lqygukes ds vk/kkj ij eqdnesa esa ,okMZ ikfjr fd;k tk;A

vkosnu ij mHk;i{k ds fo}ku vf/koDrkx.k dks lqukA lgefr

ds vk/kkj ij vkosnu Lohdkj dh tkrh gSA

lqyg dh 'krsZ mHk;i{k dks i<+dj lquk;h ,o¡ le>k;h

x;h] mHk;i{k }kjk lqyg dh 'krsZ LosPN;k Lohdkj dh x;hA

Jh dkywyky iaokj us jlhn izLrqr dh ftlesa mUgksuas

Lohdkj fd;k gS fd bl eqdnesa dh lekfIr ds cnys ,d yk[k

:Ik;s dk Hkqxrku psd ds ek/;e ls izkIr dj fy;k gSA jlhn

'kkfey i=koyh fd;k x;kA vr% eqdnek mDr ^^le>kSrk i=^^

ds vk/kkj ij fuf.kZr fd;k tkrk gSA lqygukek ¼^^le>kSrk i=^^½

fnukafdr 06-8-15 iapkV dk va'k gksxkA

Hkjr ik.Ms;] ihBklhu vf/kdkjh

06-8-15

ubZ fnYyh] 4 uoEcj] 2015

dk-vk- 2136-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj esllZ jktLFkku

LVsV ekbZUl ,.M feujYl ds izcaèkra=k ds lac¼ fu;kstdksa vkSj

muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;] t;iqj ds

iapkV (lanHkZ la[;k 46@2014) dks izdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 03@11@2015 dks izkIr gqvk FkkA

[la- ,y&29012@46@2013&vkbZvkj (,e)]

uohu diwj] voj lfpo

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4395

New Delhi, the 4th November, 2015

S.O. 2136.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 46/2014)

of the Central Government Industrial Tribunal/

LabourCourt, Jaipur now as shown in the Annexure in the

Industrial Dispute between the employers in relation to

the management of M/s Rajasthan State Mines and

Minerals and their workman, which was received by the

Central Government on 03/11/2015.

[No. L-29012/46/2013-IR(M)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, JAIPUR

BHARAT PANDEY,

Presiding Officer

I.D.46/2014

Reference No.L-29012/46/2013-IR(M) dated: 22.5.2014

Shri Rajkumar Soni

S/o Late Kishan Soni

R/o13/43, Behind Pinjra Pol Gau Shala

Sanganer, Dist- Jaipur (Rajasthan).

V/s

1.

Managing Director

Rajasthan State Mines and Minerals Limited,

Meera Road, Udiapur (Rajasthan).

2.

Group General Manager

Phosphate Division

Rajasthan State Mines and Minerals Limited,

Jhamarkotra, Girwa,

Udaipur (Rajasthan).

AWARD

25.6.2015

1. The Central Government in exercise of the powers

conferred under clause (d) of Sub Section 1 & 2(A) of

Section 10 of the Industrial Disputes Act 1947 has referred

the following Industrial dispute to this tribunal for

adjudication:-

“Whether the action of the management of Rajasthan

State Mines and Minerals Ltd., Udaipur/ Phosphate

Division, Rajasthan State Mines and Minerals Ltd,

Jhamarkotra, Udaipur, in terminating the services of

Sh. Rajkumar Soni S/o Late Kishan Soni w.e.f.

16.9.2010 is legal and justified? What relief the

workman is entitled to?”

2. Pursuant to the receipt of the reference order,

registered notices were issued to both the parties as per

the order of the tribunal dated 23.6.14 fixing 11.8.14 for

filing statement of claim. On 11.8.14 applicant was absent.

On behalf of opposite party Sh. Dinesh Kumar Bhupesh,

Manager was present. Learned counsel were on strike.

Notice sent to the applicant was back on record with

endorsement of the Postal Department that after repeated

visit residence of the applicant was found locked. In

interest of justice order was passed to issue notice again

fixing 28.10.14 for filing statement of claim. On 28.10.14

none was present on call. Notice sent to the applicant was

received back with endorsement that house of the applicant

was found locked. Order was passed fixing 26.11.14 for

statement of claim with direction that notice against the

applicant be sent once more. After order learned

representative on behalf of opposite party Sh. Anil Sharma,

Advocate came in appearance & stated to file Vakalatnama

on date fixed 26.11.14.

3. On 26.11.14 Sh. Rajkumar Soni Applicant

appeared in person & ask for time to file statement of claim

by 27.1.15, hence, 27.1.15 was date fixed according to the

choice of the applicant for filing statement of claim. None

appeared for & on behalf of the opposite party. On 27.1.15

both the parties were present but statement of claim was

not filed. Next date 16.4.15 was fixed for filing statement of

claim. On 16.4.15 applicant Sh. Rajkumar Soni was absent,

statement of claim was not filed. Although applicant was

present on record since 26.11.14 but Vakalatnama was also

not filed. In the interest of justice again case was adjourned

& next date was fixed on 25.6.15 for filing statement of

claim providing last opportunity to the applicant. On 25.6.15

also none appeared on behalf of applicant & statement of

claim was not filed. Opposite party also remained absent.

Looking into the fact that since past seven months despite

appearance statement of claim has not been filed from the

applicant side is indicative of the fact that he is not

interested in pursuing the case further, hence, opportunity

for filing statement of claim was closed & case was

reserved for award.

4. It is pertinent to note that on 22.5.2014 reference

order was sent by Ministry to applicant with direction to

file statement of claim within 15 days from the date of

receipt of reference. Applicant has neither filed statement

of claim on the direction of Ministry nor on notice &

knowledge of the proceeding pending before the tribunal.

It appears that applicant is not interested & willing in

submitting the claim for adjudication. In the circumstances

& in the absence of material evidence brought on record,

tribunal is unable to record the findings on merit in respect

of issues referred to it. Accordingly, “No Claim Award” is

passed in this matter. The reference under adjudication is

answered accordingly.

5. Award as above.

BHARAT PANDEY, Presiding Officer

4396

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

ubZ fnYyh] 4 uoEcj] 2015

dk-vk- 2137-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ bafM;u

vkW;y dkiksZjs'ku fyfeVsM ds izcaèkra=k ds lac¼ fu;kstdksa vkSj

muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;]&1 paMhx<+

ds iapkV (lanHkZ la[;k 72@2012) dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 03@11@2015 dks izkIr gqvk FkkA

[la- ,y&30011@52@2012&vkbZvkj (,e)]

uohu diwj] voj lfpo

New Delhi, the 4th November, 2015

S.O. 2137.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 72/2012)

of the Central Government Industrial Tribunal/

LabourCourt-1, Chandigarh now as shown in the Annexure

in the Industrial Dispute between the employers in relation

to the management of M/s Indian Oil Corporation Ltd. and

their workman, which was received by the Central

Government on 03/11/2015.

[No. L-30011/52/2012-IR(M)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

BEFORE SHRI SURENDRA PRAKASH SINGH,

PRESIDING OFFICER, CENTRAL GOVT.

INDUSTRIAL TRIBUNAL- CUM LABOUR COURT-I,

CHANDIGARH.

Case No. ID No.72 of 2012, Reference no. L-30011/52/2012/

IR(M) dated 11.1.2013

The General Secretary, Indian Oil Panipat Refinery

Employees Union, Panipat Refinery, Panipat.

Union.

Versus

The Executive Director( Incharge),IOCL, Panipat Refinery,

Panipat-132140.

Respondent.

Appearances

For the Workman:

Shri Hari Pal Singh.

For the Management: Shri P.Murlidharan.

Award Passed on:- 28.10.2015

Government of India Ministry of Labour vide

notification No. L-30011/52/2012/IR(M) dated 11.1.2013

has referred the following dispute to this Tribunal for

adjudication:

“Whether the demand of the Indian Oil Panipat

Refinery Employees Union for Change of Wages of

Ministerial or non-ministerial staff in percentile

proportion of time spent on duty is just, fair and

legal? To what relief the workmen are entitled?”

2. On receipt of the reference, notices were issued

to the parties. The Union appeared and filed claim statement

pleading therein that the workmen of IOCL, Panipat

Refinery are working in 48 hours duty in a week are getting

only 10% extra of their basic pay in comparison of the

workmen who are working for 36 hours in a week.

Therefore, those workmen who are working for 48 hours

in a week are entitled for 1/3rd of their present basic pay

extra duty hours wages instead of 10 % extra of their basic

pay. It is prayed that 1/3rd amount of basic pay may be

allowed to all the workmen who are working for 48 hours

in a week.

3. The management filed written statement.

Preliminary objection has been taken that Equal

Remuneration Act, 1976 was enacted with the objective

to provide for the payment of equal remuneration to men

and women workers and for prevention of discrimination

on the ground of sex against workmen in the matter of

employment and for matter connected there with or

incidental thereto. In the Panipat refinery both the genders

are placed in the same scale of pay and equal pay for equal

work. The management pleaded that the present dispute

alleging non compliance of the provisions of the said act

is squarely not applicable in the context and the reference

deserved to be dismissed on this ground alone.

4. On merits it is pleaded that two sets of workmen

which refer to workmen observing 36.25 hours per week

schedule and workmen observing 48 hours per week work

schedule are commonly known as ministerial and non-

ministerial staff respectively. Pay and pay related benefits

admissible to these two sets of workmen are in accordance

with the long term Settlement arrived between the

recognised unions and the management of IOCL.

5. As per clause 6.5 of Long Term Settlement on

pay and pay related benefits singed on 24.01.1971 special

allowance at 10% of basic pay will be given to the workmen

whose normal hours of work are 48 hours per week and

they are being compensated for extra hours of work

performed by such workmen in comparison of non-

ministerial staff. This agreement is continuing. Claimant

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4397

union is also a party to the said agreement of 2010 and it

was specifically agreed that the during the period of

operation of this settlement, the unions shall neither raise

any demand having financial burden on the Corporation

other than on a item becoming due for revision under

provisions of any existing MOU signed with the Unions,

nor raise any fresh demand on the issues being settled

through the settlement. The Union stopped to raise the

present dispute in view of the settlement to which this

Union was also a party which is binding on the union also

and the demand of the union for change of wages of

ministerial or non-ministerial staff in percentile proportion

of time spent on duty is not justified. It is prayed by the

management that the demand raised by the Union is wholly

unwarranted, unjustified, misconceived, misplaced, ill

advised and untenable in law and deserves to be rejected.

The management also filed documents along with the

written statement.

6. The Union also filed rejoinder to the written

statement stating therein that the Union has not concealed

any fact and also denied the contents of the written

statement and prayed that the demand may be decided in

favour of the Union.

7. Both the parties prefer not to lead any evidence

and filed written arguments on the same line of their

respective pleadings.

8. I have gone through the entire record of the case

and also gone through the written arguments and

documents filed by the parties on record.

9. From the record it is revealed that the management

has specifically pleaded that as per clause 6.5 of the Long

Term Settlement signed on 24.01.1971, special allowance

at 10% of basic pay will be given to workmen whose normal

hours of work are 48 hours. In this context the management

referred para 6.5 of the settlement dated 24.1.1971 which

provides as under:-

“6.5. Special Allowance: Special

Allowance at 10 per cent of basic pay will be given

to workmen, whose normal hours of work are 48

hours per week. This allowance shall count for

computation of Provident Fund and ‘Overtime’, but

shall not be taken into account for any other

purpose.”

10. The above settlement was continuing and in the

year 2010 a settlement arrived at under Section 12(3) of the

I.D.Act 1947 before the Regional Labour Commissioner

( Central), Chandigarh and conciliation officer on 8.12.2010

in the Industrial Dispute between the management of Indian

Oil Corporation Limited, Refineries Division, Panipat

Refinery and their workmen represented by their

recognised union, Indian Oil Panipat Refinery Employees

Union ( copy of settlement has been filed on record by

the management). Clause 20.0 of the above settlement

provides as under:

“20.0 Implementation/Interpretation of Settlement:

The Union agrees that during the period of operation

of this Settlement, they shall neither raise any demand

having financial burden on the Corporation, other

than on an item becoming due for revision under

provisions of any existing MOU signed with the

Union, nor raise any fresh demand on the issues

being settled through this settlement, provided that

this clause shall not affect the rights and obligations

of the parties in regard to matters covered under

Section 9 A of the Industrial Disputes Act, 1947.”

11. It is not denied by the Union that this Union was

not the party to the settlement entered into between the

management and the Union on 8.12.2010 referred above.

The above settlement is binding on the parties to the

settlement which was arrived at before the Regional Labour

Commissioner (Central), Chandigarh on 8.12.2010 in the

Industrial Disputes between the management and the

Union. There is also no occasion for violation of the

provision Section 9A of the I.D.Act 1947 as there is no

change in the service conditions of the workmen.

12. In view of the discussions made above, as the

Long Term settlement entered into in the year 1971 was

continuing and memorandum of Settlement also entered

into between the management and the Union on 8.12.2010

in which it is specifically agreed under clause 20.0 that

during the period of operation of this Settlement, they

shall neither raise any demand having financial burden on

the Corporation, other than on an item becoming due for

revision under provisions of any existing MOU signed

with the Union, nor raise any fresh demand on the issues

being settled through this settlement, provided that this

clause shall not affect the rights and obligations of the

parties in regard to matters covered under Section 9A of

the Industrial Disputes Act, 1947. The above settlement is

binding on the parties to the settlement and the Union can

not raise fresh demand as per the provisions of settlement

dated 8.12.2010 mentioned above.

13. In view of the above it is held that the demand of

the Union for change of wages of Ministerial or non -

ministerial staff in percentile proportion of time spent on

duty is not just which is unfair and illegal and the workmen

are not entitled to any relief.

4398

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

14. 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.

28.10.2015

S.P. SINGH, Presiding Officer

ubZ fnYyh] 4 uoEcj] 2015

dk-vk- 2138.—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ,iQlhvkbZ ds

izcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk

esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèkdj.k@Je

U;k;ky;] tcyiqj ds iapkV (lanHkZ la[;k 104@2011) dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 04@11@2015 dks izkIr gqvk FkkA

[la- ,y&22011@23@2011&vkbZvkj (lh,e&II)]

jktsUnz flag] vuqHkkx vf/dkjh

New Delhi, the 4th November, 2015

S.O. 2138.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 104/

2011) of the Central Government Industrial Tribunal/Labour

Court, Jabalpur as shown in the Annexure in the Industrial

Dispute between the management of Food Corporation of

India Limited and their workman, received by the Central

Government on 04/11/2015.

[No. L-22011/23/2011-IR(CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL- CUM -LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/104/2011

Shir Bhola Ram Dhankar,

S/o Shri Sewa Ram Dhankar,

Vill & Post Singhaula,

Tehsil Rajandgaon,

Rajnandgaon (Chhattisgarh)

...Workman

Versus

General Manager,

Food Corporation of India Ltd.,

Regional Officer, Kapa, Raipur

...Management

A W A R D

Passed on this 7th day of September 2015

1. As per letter dated 13-10-2011 by the Government

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

received. The reference is made to this Tribunal under

Section -10 of I.D.Act, 1947 as per Notification No.L-22011/

23/2011-IR(CM-II). The dispute under reference relates to:

“Whether the action of the management of Food

Corporation of India, Rajnandgaon (CG) in not

providing the employment on compassionate

ground to Shri Bhola Ram Dhankar S/o Ex-employee

Shri Sewa Ram Dhankar who sought voluntary

retirement on medical ground is justified and legal?

To what relief Shri Bhola Ram Dhankar is entitled

to?”

2. After receiving reference, notices were issued to

the parties. Ist party claiming to be dependent son of Shri

Sevaram filed statement of claim. Case of Ist party is his

father Sevaram retired on medical ground. On his retirement,

he submitted application for compassionate appointment

on 7-11-03. Said application was submitted to the

representative Union operating in FCI. After lapse of about

8 years, the application was rejected by 2nd party as per

order dated 6-5-2011 quoting ground that time period of

3 years fixed for appointment has expired. The Ist party

explained that the delay in considering his application

was on cause of 2nd party. During the period there were no

vacancies for appointment all over the region. The Ist party

explained that it is incorrect. Vacancies existed in

Rajnandgaon Division in November 2002 as per the

statement prepared by 2nd party. Relaxation in upper age

30 years to be sought by higher authorities. Ist party on

the date of application for compassionate appointment,

his age was less than 30 years. From 2009 any

compassionate appointment was not vague. Ist party

explained that it is incorrect. When vacancies existed at

FCI Rajnandgaon depot, Ist party submits that his

application for compassionate appointment was rejected

on the ground. There is no scope that Ist party had abused

the rule of compassionate appointment. On 7-11-03, family

of Sevaram consisted of his wife, 2 sons, 2 minor children

and one daughter in law were dependent on his earning.

Due to loss of income, the family suffered economical

disturbance after retirement of Sevaram. On such ground,

Ist party workman prays for appointment on

compassionate ground.

3. 2nd party management filed Written statement

opposing claim of Ist party. FCI Act 1964. Shri Sevaram

was initially employed in FCI in 1991 has handling labour

in Gang No.6 Rajnandgaon depot. For his illhealth, he was

unable to perform duty of handling labour. He sought

voluntary retirement on medical ground. His request for

VRS was allowed on 5-8-03. 8 other employees were also

permitted VRS on medical ground on 12-8-03 modified on

9-9-03 changing effective date of birth as 29-6-75.

Application was submitted along with format and affidavit

of evidence of employee Sevaram for giving

compassionate appointment in place of his father. It is

reiterated that 8 other employees had also taken VRS. The

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4399

applications for compassionate appointment by their

dependent were also submitted in prescribed form. After

receiving application of workman and on all the

applications were scrutinized and forwarded to Regional

Office, Raipur vide letter dated 3-1-04. The applications

were returned by Regional Office, Raipur with request to

constitute a committee at District level to verify authenticity

and validity of supporting documents such as date of

birth, medical certificate of applicant seeking

compassionate appointment. Accordingly Committee was

constituted at District level. Committee after verifying

documents submitted report to the Regional Office

on 26-2-04.

4. The compassionate appointment in place of

employees seeking VRS on medical ground is covered by

Circular dated 4-3-03 which came into force laid down only

5 % vacancy be filled by direct recruitment on

compassionate ground. The circular was modified by

subsequent circulars stipulating 3 years time limit for

keeping the applications with a condition that after 3 years

if the compassionate appointment is not possible to be

offered the case will be closed. Dy. General Manager as

per his correspondence dated 14-6-2011 referred various

circulars including report of colleague. Committee report

w.r.t. Bholaram Regional Office found that a group of 9

labours including applicant for appointment of handling

labour on compassionate ground considering merit were

on basis of economical existing vacancy position. The

Regional Office found that Bholaram exceeded age of 30

years. There was no vacancy to the limit of 5 % per circular

for appointment on compassionate ground during the

period 2003 to 2011. That such compassionate

appointments were given to any dependents of employee

voluntary retirement.

5. 2nd party further submitted that matter pertaining

to ceiling limit of 5 % giving compassionate appointment.

The matter was decided with Writ Petition 7284/08 Rajpal

Kumar and others versus FCI. The matter was challenged

before Division Bench. It was held that 45 % ceiling limit

to compassionate appointment was valid. The applicant’s

case was also not considered. As no vacancy under ceiling

limit of 5 %, the applicant was not given compassionate

ground. In substance, the claim of applicant was rejected

for reasons quoted above. 2nd party submits that reference

be answered in its favour.

6. Considering pleadings on record, the points

which arise for my consideration and determination are as

under. My findings are recorded against each of them for

the reasons as below:-

(i) Whether the action of the

In Negative

management of Food

Corporation of India,

Rajnandgaon (CG) in not

providing the employment

on compassionate ground to

Shri Bhola Ram Dhankar S/o

Ex-employee Shri Sewa Ram

Dhankar who sought voluntary

retirement on medical ground is

justified and legal?

(ii) If not, what relief the workman

As per final order.

is entitled to?”

REASONS

7. The dispute as per term of reference pertains to

denial of compassionate appointment to Shri Bholaram

after VRS on compassionate ground after retirement of his

father. Ist party Bholaram filed affidavit of his evidence

that his father was employed as handling mazdoor. He had

taken voluntary retirement on medical ground. He

submitted application for compassionate appointment on

7-11-03. The application was kept pending for 8 years. As

per order dated 6-5-2011, his application was rejected on

ground of delay. He has stated that 4-5 persons have been

given appointment in similar situation while his application

was rejected. He claims entitled for appointment on

compassionate ground. In his cross-examination, Ist party

admits his father taken VRS on 26-8-03 on medical ground.

On 7-11-03, he submitted application for appointment on

compassionate ground. His date of birth was 29-6-75. That

his application was rejected, he was of 31 years of age. He

says that Shri Bhola Sahu, Pratap, Virendra, Anil, Kanhaiya

etc. were appointed on compassionate ground. He denies

that when he submitted application for compassionate

ground, his age was more than 30 years. As per evidence

in cross examination of workman, his date of birth is

26-6-75. He submitted application for appointment

on 7-11-03. The age of Ist party comes about 28 years 5

months. He had not completed 30 years of age.

8. Management witness Amit Kumar filed affidavit

of his evidence covering most of the contentions of 2nd

party in Written Statement about VRS taken by father of

Shri Bholaram who was employed in FCI from 1991 working

in FCI, VRS on medical ground was granted to him and 8

employees. Parties have no dispute on factual matters.

That as per circular dated 4-3-03, 5 % vacancies were to be

allowed for appointment on compassionate ground at entry

level. The affidavit of management’s witness is silent why

the application for compassionate appointment of

workman was undecided till the year 2011 when as per the

circular, compassionate appointment were to be granted

within 3 years limit. Management’s witness in his cross-

examination he claims ignorance that FCI is registered

under law. FCI has its rules about appointment on

compassionate ground. He claims ignorance about the

rules framed by Government of India in matter of

appointment on compassionate ground.

4400

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

9. Documents Annexure M-1 to M-4 proved from

evidence of management’s witness. As per Exhibit M-1,

the information about 9 employees taking VRS on medical

ground was informed to District Manager. M-2 is office

order dated 8-8-03 allowing VRS to 9 employees including

Sevaram F/o Ist party. Circular Exhibit M-1 dated 4-3-03 is

circular issued by FCI in the matter of compassionate

appointment of dependents. 5 % ceiling on the vacancies

for appointment on compassionate ground at entry level.

Exhibit M-2 is circular dated 4-3-03 on the same point.

Exhibit M-3 is circular dated 5-2-04 enclosing the copy of

consolidated scheme for appointment on compassionate

ground. The scheme enclosed with it is not produced

Exhibit M-4 is circular dated 5-5-2000 also refers to the

ceiling of 5 % recruitment quota for appointment on

compassionate ground maximum time 3 years. The

evidence of management’s witness has not proved rest of

the documents what was the vacancy position after VRS

allowed to those 9 persons. Atleast after accepting VRS

on medical ground to 9 employees, their posts had fell

vacant, why the application for Ist party was not decided

atleast within 3 years, no reason has come on record. All

the 9 applications submitted by dependents of employees

taking VRS were not considered individually on merits.

The applicant were referred to Regional office and after

letter received by Regional office Committee was

constituted. The evidence on record shows that the

management has not taken proper steps to decide each of

the application on it considering the vacancies as per

circulars. Therefore the rejection of application for

compassionate ground by 2nd party cannot be said proper

and legal is ground on which application is rejected Ist

party has become overage. The evidence on record shows

that application was submitted by Ist party, his age was

about 38 years 5 months, it cannot be a ground for rejecting

appointment for compassionate ground. For above

reasons, I record my finding in Point No.1 in Negative.

10.Point No.2- Ist party is claiming employment on

compassionate ground after his father had taken VRs on

medical ground. His application was not properly

considered by 2nd party. The application was rejected after

almost 8 years. The application was required to be decided

within 3 years as per the circular. The reasons for rejection

of application was not for justified reason. Ist party cannot

be blamed for delay in taking decision by 2nd party. How

the vacancies were considered by 2nd party , evidence is

not cogent therefore in view of evidence on record as

claim of Ist party of compassionate ground was rejected,

for reasons he could not be blamed. Claim of Ist party for

appointment on compassionate ground deserves to be

allowed. Accordingly I record my finding in Point No.1.

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

(1)

The action of the management is not proper

and legal.

(2)

2nd party is directed to provide appointment

on compassionate ground to Ist party within

30 days from the date of publication of award.

No order as to costs.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 4 uoEcj] 2015

dk- vk- 2139-

dk- vk- 2139-

dk- vk- 2139-

dk- vk- 2139-

dk- vk- 2139-—vkS|ksfxd fookn vf/kfu;e] 1947

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

MCY;wlh,y ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa

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

vkS|ksfxd vfèkdj.k@Je U;k;ky; tcyiqj ds iapkV ¼lanHkZ

la[;k 142@2002½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj

dks 04@11@2015 dks izkIr gqvk FkkA

[la- ,y&22012@64@2002&vkbZvkj ¼lh,e&II½]

jktsUnz flag] vuqHkkx vf/kdkjh

New Delhi, the 4th November, 2015

S.O. 2139.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 142/

2002) of the Cent.Govt.Indus.Tribunal-cum-Labour

Court, Jabalpur as shown in the Annexure, in the industrial

dispute between the management of Western Coalfields

Ltd. and their workmen, received by the Central

Government on 04/11/2015

[No. L-22012/64/2002- IR(CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL -CUM -LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/142/2002

General Secretary,

RKKMS(INTUC),

Pathakhera Area,

Distt. Betul

...Workman/Union

Versus

Chief General Manager,

WCL, PO Pathakhera,

Distt. Betul

...Management

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4401

A W A R D

Passed on this 7th day of September, 2015

1. As per letter dated 8-10-2002 by the Government

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

received. The reference is made to this Tribunal under

Section -10 of I.D.Act, 1947 as per Notification No.L-22012/

64/2002-IR(CM-II). The dispute under reference relates to:

“Whether the demand of the Rashtriya Koyla

Khadan Mazdoor Sangh from the management

of WCL, Pathakhera for restoration of original

grade and pay with continuity of service of Shri

Suresh Puri workman is just and fair? If so to

what relief the workman is entitled?”

2. After receiving reference, notices were issued to

the parties. Ist party workman submitted statement of claim

at page 3/1 to 3/3. Case of workman is that he was initially

employed at Satpura No.2 Mine Pathakhera Area on

23-8-84. He was promoted to the post of SDL Helper on

13-9-92. He was honestly doing his work to the satisfaction

of his superior. On 14-9-92, false and fabricated criminal

case was registered against him. He was sent to judicial

custody in jail. He was looking to the financial needs of

his mother Jeenabai. His mother informed management

about he was in the jail. The payment of bonus and LTC

was released in favour of his mother Jeenabai. His services

were terminated behind his back without following due

process. Charge sheet was issued to him on his address.

3. Workman submitted on 21-11-96, he was acquitted

by Hon’ble High Court of MP. After his acquittal, workman

submitted application dated 3-12-96 and requested to

permit him to join duty. On his application, management

allowed him to join duty but not on original post. He was

permitted to join as General Mazdoor Category I as fresh

appointment. Workman submits it amount to punishment

in absence of any proved misconduct. Workman had raised

dispute through Union submitting representations. The

management submitted false statement. Looking to the

rigid view adopted by management, the authorities

submitted failure report that dispute has been referred.

workman submits that the management refused his

legitimate demand due to Union activities. On such ground

workman prays that his original status with continuity of

service and backwages be allowed.

4. 2nd party filed Written Statement at page

6/1 to 6/6 opposing claim to the workman. 2nd party submits

that on 23-8-84, workman was appointed as piece rated

workman Category I, T.No. 1353 in Satpura Mine No.1 of

WCL. Workman was regularised as General Mazdoor

Category I from 1-1-1986. On 1-1-1989, workman was

promoted to the post of cableman Cat-III. Workman was

habitual absentee. He remained absent without permission

or sanctioned leave. His working days are shown 216.5 in

1990, 190 in 1991, 160 days in 1992. Workman remained

absent unauthorisely from 15-9-92 to 23-3-93. Charge sheet

was issued to workman under clause 17.1(b), of the

standing orders. As no reply was received from workman,

Shri S.K.Bismillah Khan was appointed as Enquiry Officer,

O.P.Yadav was appointed as management representative.

Enquiry was conducted. Notices were sent on address of

workman. Workman failed to appear. After notice was

published in Navbharat, enquiry was conducted ex parte.

As per finding of Enquiry Officer, charges were proved.

Considering proved charges of workman, the services of

workman were terminated.

5. After his acquittal in criminal case, workman

submitted application along with copies of the judgments.

The matter was referred to WCL, Hqr, Nagpur. The

Competent authority approved temporary fresh

appointment for period of 3 months. Accordingly workman

was given appointment. It is submitted that workman had

not informed his detention in jail to the management. After

enquiry, the unauthorised absence, habitual absence of

workman was proved. It is further submitted that on

recommendation of DPC, workman along with others

working in mine were promoted on 1-7-00. All adverse

contentions of workman are denied. Workman was given

fresh appointment as General Mazdoor. His services on

post of SDL Helper had come to end as per the order of

punishment. Workman has accepted punishment

accepting fresh offer of appointment as General mazdoor.

Workman is not entitled to any relief.

6. As per order dated 22-11-2012, enquiry conducted

against workman is found legal. Management was

permitted to prove misconduct by evidence.

7. Considering pleadings on record, the points

which arise for my consideration and determination are as

under. My findings are recorded against each of them for

the reasons as below:-

(i) Whether management of 2nd

In Negative

party proves misconduct of

habitual absence against workman?

(ii) Whether the punishment of dismissal

In Negative

imposed against workman is proper

and legal?

(ii) If not, what relief the workman

As per final order.

is entitled to’’

REASONS

8. As treated above, enquiry conducted against

workman is found illegal by my predecessor vide order

dated 22-11-2012. Management of 2nd party was permitted

to prove misconduct by evidence. Management filed

affidavit of evidence of witness Shri R.D.Tuddu supporting

contentions of management in Written Statement.

However management’s witness did not appear for his

cross-examination. Therefore evidence of management’s

4402

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

witness cannot be considered. Any other evidence is not

adduced by management. Management has failed to prove

alleged misconduct of unauthorised absence against

workman therefore the punishment of dismissal against

workman cannot be sustained. The order of punishment

of dismissal is illegal. For above reasons, I record my

finding in Point No.1,2 in Negative.

9. Pont No.3- workman was dismissed form service

as per order dated 14-3-95 for alleged misconduct of

unauthorised absence. The charge of unauthorised

absence against workman is not proved. After acquittal of

workman on his representation, workman was appointed

as General Mazdoor Category I as fresh appointment. That

charge against workman is not proved. The order of

dismissal of workman is illegal. Relief prayed by workman

deserves to be allowed. Accordingly I record my finding

in Point No. 3.

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

(1)

The demand of the Rashtriya Koyla Khadan

Mazdoor Sangh from the management of WCL,

Pathakhera for restoration of original grade and

pay with continuity of service of Shri Suresh

Puri, workman is proper and legal.

(2)

The termination of service of workman from

14-3-95 is quashed. 2nd party is directed to

reinstate workman with continuity of service

without backwages.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 4 uoEcj] 2015

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

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

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[la- ,y&22012@417@1990&vkbZ vkj ¼lh- II½]

jktsUnz flag] vuqHkkx vf/kdkjh

New Delhi, the 4th November, 2015

S.O. 2140.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No.75/91)

of the Cent. Govt. Indus.Tribunal-cum-Labour

Court, Jabalpur as shown in the Annexure, in the industrial

dispute between the management of South Eastern

Coalfields Limited, and their workmen, received by the

Central Government on 04/11/2015.

[No. L-22012/417/1990 - IR(C-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/75/91

General Secretary,

M.P.Koyla Mazdoor Sabha (HMS),

Post Dhanpuri,

Distt. Shahdol

....Workman/Union

Versus

Sub Area Manager,

Chachai and Rungta Group,

Post Amlai Colliery,

Distt. Shahdol

....Management

A W A R D

Passed on this 5th day of October, 2015

1. As per letter dated 15-4-91 by the Government of

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

received. The reference is made to this Tribunal under

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

No. L-22012/417/90-IR(Coal-II). The dispute under

reference relates to:

“Whether the action of the management of Rungta

Colliery of Sohagpur Area of SECL, PO Dhanpuri in

refusing to rectify date of birth of the workman and

consequently superannuating their workman Shri

Jagannath S/o Nathai, Mining Sirdar w.e.f. 1-7-1987

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

workman is entitled and from what date?”

2. After receiving reference, notices were issued to

the parties. Ist party Union General Secretary of Union

submitted statement of claim on behalf of workman Shri

Jagannath, S/o Shri Nathai at Page 6/1 to 6/7. Case of Ist

party Union is it is registered Union affiliated to Hind

Mazdoor Sabha bearing application No. 45 which is also

recognized Union. 2nd party is Government company

subsidiary of coal India Ltd. on 28-11-85. The companies

having number of areas and Rungta Colliery is a unit of

Sohagpur Area, Distt. Shahdol. That workman Jagannath

was working at S.C. Rungta Colliery of Sohagpur area of

SECL. He was appointed in 1956. Shri Jagannath S.O

Nathai appeared for Gas Testing Certificate Examination

at Burhar Colliery on 5th September 1975 and granted on

4-3-76. The examination was a statutory examination and

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4403

all the particulars and information regarding address, date

of birth etc are mentioned in the above mentioned

certificate. The date of birth of workman is shown 18-5-35.

Workman Jagannath also appeared for Examination of

Sirdar Certificate under Coal Mine Regulations 1957 on

14-5-76 at Shahdol. The certificate was granted to workman

on 14-4-77. His date of birth is shown 18-5-35. As per

procedure, the Manager of Colliery concerned has to send

the certified date of birth to the office of Director of Mines

Safety on the basis of authentic records and proof of date

of birth of the employee. Then the workman can appear in

the above examination. The date of birth so certified by

the Manager used to be mentioned in the column of date

of birth of Gas Testing Certificate and Sirdar’s Certificate

issued by the Director of Mines Safety.

3. The Ist party further submits Office of the Director

of Mines Safety being satisfied with the authentic records

regarding the age and proof of date of birth of concerned

employee at the time of issuing the Certificate of Gas

Testing Certificate, Sirdar Certificate. As per both the

certificates, date of birth of workman is shown 18-5-1935.

The workman came to know that management wants to

retire him on 1-7-87. He approached management requesting

to correct his age as per the date of birth mentioned in

the statutory certificates. Even after request and

applications, the management had not paid any heed to

his applications. Workman approached ALC Shahdol

raising dispute through Union MP Koyla Mazdoor Sabha.

Written Statement was submitted by management of

chachai and Rungta group on 20-1-87 stating that the

date of birth mentioned in the statutory certificate cannot

be taken as authentic. After several hearings of the above

dispute, it ended in failure and failure report submitted to

the appropriate Government and present dispute has

referred.

4. Ist party Union further submits that the

management forcibly retired workman on 1-7-87. After his

retirement, Union approached the management that the

retirement of workman is illegal. As date of birth is shown

18-5-35 in both statutory certificates as per I.I.No.76 issued

by JBCCI of Coal Industry, the date of birth mentioned in

above certificate is authentic. Management further send

the case for Apex Medical Board on 25-4-89. The Apex

Medical Board without applying the procedure for age

determination as mentioned in II No.76, determined the

age arbitrarily and approved the same done by their counter

part. That workman produced 4th class school leaving

certificate on affidavit. The certificate issued by Medical

Officer regarding his date of birth. On such ground, Union

submits that retirement of workman is in colourable exercise

of power. Management forced workman to retire and

deprive him of work without reason ignoring the process

of law. That management be asked to produce proceeding

of the process for age determination by Apex Medical

Board of SECL which is in possession of management.

Union prays that superannuating workman Jaganath

Mining Sirdar from 1-7-87 is not legal and justified.

workman is entitled to be treated in employment till date

of his retirement as per his date of birth 18-5-85 shown in

statutory record. Union also prays for backwages for

forced idleness.

5. 2nd party filed Written Statement at Page 7/1 to

7/4 opposing claim of Union. 2nd party submits that

reference is illegal beyond jurisdiction of the appropriate

Government. While making reference, appropriate

Government amended its jurisdiction had tried to

adjudicate upon dispute between parties. The reference is

about management refusing to rectify date of birth. Said

finding could be given only by Tribunal on basis of

evidence with it is produced by parties. Therefore the

reference is liable to be rejected. 2nd party further submits

that workman Jagannath was working as Mining Sirdar,

duties of mining Sirdar are of supervisory nature. Wages

of Mining Sirdar are more than Rs.1600/- is not covered as

workman under Section 2(s) of ID Act. 2nd party further

submits that workman was appointed as General mazdoor

in 1956. As per coal mines regulations, the person employed

in coal mine is required to give detailed particulars

regarding himself which includes his name, fathers name,

date of birth, address etc. These particulars are entered in

a Register known as Form B Register or the Register of

employment. It is statutory register. The entries in the

register are made on the basis of information given by

workman concerned. The entries in the register are made

on the basis of information given by workman concerned.

The entries are made and the workman concerned

countersigned the entries made. In Form B register, the

age of workman was shown 30 years in 1947 therefore he

was superannuated from 1-7-87. The particulars in Form B

register are binding on the workman because the

particulars made thereunder are covered on the basis of

information given by him and countersigned by the

workman. he stopped from challenging it.

6. 2nd party submits as per NCWA-II, II No.37 was

in force. According to this, date of birth and other

particulars of each and every employees are displayed on

he notice board in December 1981. It was also circulated.

In said list, name of shri Jagannath appears at Sl. No. 198

and it was clearly mentioned that his age is 52 years as on

1-1-1979. In said notice, the employee aggrieved by the

date of birth should submit objection within 90 days. Inspite

of displaying the particulars of age of Shri Jagannath in

notice board, he did not submit any objection. It shows

that he was not aggrieved by the date of his birth maintained

by the management. in all those register, his age is

mentioned correctly. The entries made in Form B register

are countersigned by Shri Jagannath every year. There is

no variation in date of birth mentioned in the register.

4404

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

There were discrepancies in the record maintained by the

management. That workman Shri Jagannath was examined

by Apex Medical Board on 29-4-89 at SECL, Bilaspur. After

going through various Form B register maintained by

management, said board came to conclusion that date of

birth of Jagannath was correctly entered and held that his

date of birth was 1-7-87 as per the entries. 2nd party reiterates

that Shri Jagannath was superannuated on 1-7-87 is legal.

No ground is made out for rectifying his date of birth

recorded in management record. His school leaving

certificate submitted by workman is not genuine. The

certificate was submitted only at the time of retirement.

Workman kept quite all the years cannot challenge his

date of birth recorded in management record. On such

ground, 2nd party prays for rejection of claim.

7. Workman submitted rejoinder at Page 9/1 to 9/2

reiterating his contentions in statement of claim.

8. Management filed rejoinder at Page 10/1 to 10/3

reiterating his contentions in Written Statement.

9. Considering pleadings on record, the points

which arise for my consideration and determination are as

under. My findings are recorded against each of them for

the reasons as below:-

(i) Whether action of the

In Negative

management of Rungta

Colliery of Sohagpur

Area of SECL, PO Dhanpuri

in refusing to rectify date of

birth of the workman and

consequently superannuating

their workman Shri Jagannath

S/o Nathai, Mining Sirdar w.e.f.

1-7-1987 is legal and justified?

(ii) If not, what relief the workman

As per final order.

is entitled to?’’

REASONS

10. Present dispute is raised by Union on behalf of

workman pertaining to date of birth. As per order sheet

dated 16-4-99, it is recorded that Union did not want to

lead evidence. Matter was fixed for evidence of

management.

11. Management’s witness I.L. Rakashiya in his

affidavit of evidence says that he was working at Rungta

colliery from 1-11-64 as clerk. He was promoted to the

office of O.S. while working at Rungta colliery, he used to

maintain Form B register of employees working in Rungta

colliery. That workman Jagannath S/o Nathai were

appointed as General Mazdoor in 1956. As per coal mine

regulation, every person who is employed in coal mine is

required to give detailed particulars regarding himself

which includes his name, father’s name, date of birth etc.

Those particulars are entered in Register of employment,

Form B register which is statutory register. The entries in

the register are made on the basis of information given by

workman. The entries are made and workman concerned

countersigned it. In his affidavit, he further says that in

Form B register of 1979 at Sl.No. 234, name of workman

Shri Jagannath is entered, age is shown 52 years. The

date of commencement of employment is shown 1956.

The above witness in his cross-examination says his

appointment is subsequent to the appointment of

workman. Part of Form B register were prepared by him

and other part were prepared by his predecessor. He

prepared form B register from the year 1979 and initialed.

In Form B register at Sl. No. 234, appears signature of

workman. It contains my initial at the bottom of sheet as

Head time keeper. It does not contains signature of

Manager but it contains the signature of Mines Safety

Officer Shri Mansingh. The duty of time keeper is to issue

attendance of workman and mark in and out of the

workman for going and coming out of the mines. The Form

B register contains the particulars of attendance of the

workman. in form B Register of 1957, thump impression

of workman Jagannath appears. The same evidence is

given about form B Register for 1959, 1960, 1962, 1973,

1964, 1968, 1976, the witness says that certificate issued

by DGMS regarding Gas Testing and Sirdar Test , thump

impression of workman Shri Jagannath.

12. Management’s witness No. 2 Umakant Gupta in

his affidavit of evidence says as workman was appointed

as General Mazdoor in 1956. As per Mine Rules 1955 under

Mines Act 1952, the detailed particulars of employees were

recorded including name, address, age. In Form B Register

of 1957, age of Jagannath was shown 30 years. Workman

was superannuated on 1-7-87. As per I.I.No.37, the date of

birth and other particulars were displayed in notice board

in December 1981. It was circulated. In the list, name of

workman was appearing at Sl. No. 198. His age was recorded

52 years as on 1-1-79. Objections were called within 90

days. No objection was submitted by workman. the age of

workman as correctly recorded in Form B Register. His

case was referred to Apex Medical Board. The Board held

his date of birth is 1-7-27. The school certificate of Class

IV, affidavit etc. are not authentic and cannot be considered

as proof of date of birth of employee. If workman objection,

he should have submitted when the particulars are

displayed in notice board. Copies of Form B produced are

marked ExhibitM-4. As evidence of above witness

remained unchallenged, witness was not cross-examined.

13. Management’ witness shri M.K.Thapar is similar

to the evidence of both witnesses. That workman

Jagannath was appointed as General Mazdoor in 1956.

Entries in Form B register were entered on information

given by workman. the age of workman in 1957 was 30

years. He was superannuated on 1-7-87. The certificate

regarding date of birth/ age issued by management as per

entries made in Form B Register. He issued certificate dated

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4405

19-3-76 certifying that as per form B register, date of birth

of Jagannath was 49 years. In his cross-examination, above

witness says he was working in Rungta colliery from 1974

to 1977 workman was working as Mining Sirdar. He did

not recollect whether workman had appeared Gas Testing

Certificate and Mining Sirdar Certificate during his period.

For Mining Sirdar Certificate, Gas Testing Certificate is

necessary. Mining Sirdar Certificate and Gas Testing

Certificate are issued by Director General, Safety and

Mines. Witness says that zerox copy of Gas Testing

Certificate/ Mining Sirdar certificate appears correctly

issued. He denies that application for appearing for Gas

Testing Certificate exam, Mining Sirdar are forwarded by

the Manager. Further shows that age shown in Gas Testing

and Mining Sirdar are not accepted. There is no basis for

recording age in Form B register. The employees produced

documents for 1-2 years is allowed for raising the dispute.

The employees recording age in Form B Register is not

given training. He claims ignorance whether before

recording age, employees examined by Medical officer/

Doctor. He was unable to tell whether the employee used

to sign documents or is signed in Form B or not. The

evidence of management’s witness about particulars

recorded in Form B register on information submitted by

workman is not shattered. Copies of Form B register Exhibit

m-4 thump mark of workman are appearing. His age is

shown in different years. The date of birth of workman is

not recorded in Exhibit M-4.

14. Turning to documentary evidence by workman

in Exhibit W-1,2 Gas Testing Certificate, Sirdar certificate ,

his date of birth s recorded 18-5-1935. My attention is

pointed out by Shri Nathulal Pandey, Union Secretary that

the information was received through Mine Manager was

accepted as correct. Shri A.K.Shashi submits that both

the documents are admitted except the date of birth.

Management not produced any evidence to show that

how the date of birth recorded in Exhibit w-1, w-2, age 35 is

incorrect. Exhibit w-3 is application submitte by workman

Jagannath requesting not to retire him from 1-7-87. Exhibit

w-4 is application submitted by Union to ALC contending

that date of birth of workman was shown 18-5-35 in

statutory documents. The annexure to said application

finds photocopy of school certificate was submitted along

with Exhibit W-4. Copies of Sirdar Certificate and other

applications were also submitted to ALC. Exhibit W-5 is

reply submitted by management denying claim of workman

reiterating that Gas Testing Certificate, Sirdar Certificate

cannot be accepted as evidence of date of birth. Exhibit

W-6 is copy of I.I.No.76 , W-7 is letter given by Manager

that Apex Medical Board found date of birth of workman

was 1-7-27.

15. Management produced documents Exhibit M-1

application submitted by workman objective to his

retirement. M-2 Gas Testing Certificate, his date of birth

is shown 18-5-35. Exhibit M-3 is certificate issued by

Manager of Rungta colliery, age of Jagannath was 49

years on 19-3-76. Documents Exhibit W-7, W-8 are

produced for Ist party. From those documents, it is clear

that date of other persons were corrected. In Exhibit W-7,

date of birth of Shri R.P. Tripathi 16-7-43 as per Form B was

corrected to 25-2-37. Date of birth of Lalman Thakurdin is

24-1-50 as per form B was corrected to 13-9-47. Date of

birth of Sonalal 18-8-54 corrected to1-12-56. Date of birth

of Amritlal 28-10-51 as per Form B was corrected to 5-4-51

considering the certificates produced by them. As per

Exhibit W-8, date of birth Tilku singh 1-7-50 in Form B

Register was corrected to 7-7-50. The date of birth of Shri

Biswanath 31-7-47 was corrected to 9-7-39, date of birth of

shri Benukar Mandal 1-7-41 was corrected to 31-12-42 as

per the mining sirdar certificate produced by workmen.

16. Workman died during pendency on 2-3-05, his

LR are brought on record. they have not adduced any

evidence.

17. Witness Gopal Sharan Singh was examined by

Ist party. From his evidence, documents Exhibit W-7 to W-

9 are proved. In his cross-examination, said witness denied

that he appeared as witness at instance of Union Secretary.

He further says that he did not take any action in the

matter of date of birth of workman. He admits that in 1981,

notice was displayed by management regarding date of

birth of the employees. Notice was displayed on notice

board. He claims ignorance whether workman had taken

in objection about his date of birth. That I.I.37/76 were

issued for resolving the dispute of date of birth.

18. Union Secretary Shri N.L.Pandey during course

of argument emphasized that I.I.76 issued by JBCCI is

mandatory. That the date of birth recorded in Form B register

by clerk cannot be accepted to be authentic.

19. Shri Pandey pointed my attention to I.I.76 issued

as per NCWA III.

Clause 12 provides- It was also agreed that age

disputes pending in the case of employees superannuated

on and after Ist July, 1987 will be examined in accordance

with the revised procedure and all past cases will not be

reopened.

Above clause was not disputed by 2nd party.

Annexure I with I.I.76 is submitted for perusal. Under

caption B Review determination of date of birth in respect

of existing employees.

(i)(a) In the case of the existing employees

Matriculation Certificate or Higher secondary Certificate

issued by the recognized Universities or Board of Middle

Pass Certificate issued by the Board of Education and/ or

department of Public Instruction and admit cards issued

by the aforesaid bodies should be treated as correct

provided they were issued by the said universities/ boards/

institutions prior to the date of employment.

4406

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

(b) similarly Mining Sirdarship, Winding Engine or

similar other statutory certificates where the Manager had

to certify the date of birth will be treated as authentic.

Provided that where both documents mentioned in

(i)(a) and (i)(b) above are available, the date of birth

recorded in (i) (a) will be treated as authentic.

(ii) wherever there is no variation in records , such

cases will not be reopened unless here is a very glaring

and apparent wrong entry brought to the noticie of the

management. The management after being satisfied on

the merits of the case will take appropriate action for

correction through Determination Committee/ medical

Board.

(c) Age Determination Committee/ Medical Board

for the above will be constituted by the management. In

the case of employees whose date of birth cannot be

determined in accordance with the procedure mentioned

above, the date of birth recorded in the records of the

company namely form B register, CMPF records and

Identity Cards will be treated as final. Provided that where

there is a variation, in the age recorded in the records

mentioned above, the matter will be referred to the Age

Determination Committee/ Medical Board constituted by

the management for determination of age.

20. During course of argument, there is serious

dispute whether the date of birth of workman shown in

Sirdar Certificate, Gas Testing Certificate could be

accepted as authentic. Shri N.L.Pandey submits that

workman was semi literate. He has not passed matriculation

or any of the board examination. Therefore the date of

birth recorded in Gas Testing Certificate, Sirdar certificate

be treated as authentic. There was no need to refer workman

to the Apex Medical Board. Apex Medical Board has not

conducted test required. Only the report of the Apex

Medical Board based on date of birth recorded in Form B

register cannot be accepted. The document Exhibit W-7

shows remarks of Medical Board. Date of birth 1-7-27 age

recorded in Form B register was accepted by Medical

Board. The report of Apex Medical Board is not produced.

I.I.No.76 provides medical board to decide age as per the

medical jurisprudence i.e. after conducting examination of

bones and ossification test etc. It is surprised to say that

in absence of report of Apex Medical Board, it cannot be

said that age of Ist party workman was determined by

Apex Medical Board.

21. Shri N.L. Pandey in his argument submits

that date of birth in Gas Testing Certificate, Sirdar

Certificate Exhibit W-1, W-2 be accepted as authentic. It is

emphasized that DGMS is statutory authority. the

application forms for both the examination are submitted

through Mine Manager. Reliance is placed by the parties

on ratio held in different cases.

22. Copy of Appendix proforma for application

to be submitted for Mining Sirdar Certificate is also

submitted for my perusal. On the point both the parties

relies on ratio held in various cases. Shri N.L.Pandey

submitted judgment in-

Unreported case between A.Raja Murali versus

M/s Singareni Collieries by Hon’ble Andhra Pradesh High

court. His Lordship ordered the petitioner filed admission

certificate issue by the Head Master of the Primary School

wherein his date of birth was shown as 10-2-1950. The

said document was dated 5-6-56. That petitioner had also

filed SSC certificate with Roll No. 180550 dated 18-6-74 to

show that he passed SSC examinations held in April 1974.

His date of birth was 10-2-1950. When the employee soon

after joining in service or within 5 year from date of joining

service, consistently claims a particular date as his date of

birth and furnishes school record may be Primary school

record and when genuineness of such record not in

dispute, the claim of such employee cannot be rejected

without valid reasons. When an employee passed all the

departmental tests showing the date of birth as claimed

by him and the concerned authorities issued certificates

accordingly it becomes clear that such employee

consistently claimed his date of birth as contented by

him. The only presumption that can be drawn is that the

authorities who issued Shot Firer’s Certificate on 7-8-1974

Sirdar’s certificate on 3-3-76 and overman’s certificate on

30-10-78 in all probabilities must have issued those

certificates mentioning his date of birth only after making

reasonable enquiry. Their Lordship further observed that

it is to be brought to notice that each case has to be

decided on its own facts and circumstances. It is clear

from I.I.76 issued by JBCCI referred above that Mining

Sirdarship, Winding Engine or similar other statutory

certificates where the Manager had to certify the date of

birth will be treated as authentic. When the genuineness

of those documents are not in dispute, those certificates

have to be taken into consideration. Those certificates

have to be taken into consideration.

In present case, workman or management have not

produced certificate of standard 4th neither any certificate

about his educational qualification therefore the ratio held

in the case cannot be applied to case at hand.

In case between employees in relation to Nichitpur

colliery under Sijua Area of M/S BCCL versus their workmen

in unreported judgment by Hon’ble High Court Jharkhand.

In para 6 of the judgment, his Lordship observed the

Tribunal considered evidence particularly service excerpts

, School Leaving Certificate, letter written by the

management dated 1-7-97 in which date of birth of the

concerned workman has been shown as 1-2-1952 and

answered the award in negative holding that the action of

the management of M/S BCCL in not considering the date

of birth of the concerned workman as 1-2-1952 and

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4407

superannuating him from service w.e.f. 1-7-97 is not

justified. The action of the management in not considering

date of birth of workman as 1-2-52 , superannuating him

w.e.f. 1-7-97 is not justified.

In present case, the any of the school leaving

certificate has not come on record to support claim of

workman that date of birth was 18-5-35 therefore the

judgment cannot be applied to case at hand.

Reliance is placed on Bharat Coking Coal Ltd. and

others versus Chhota Birsa Uranw reported in 2014-III-

LLJ. Their Lordship held dispute was not raised by

respondent at fag end of career but almost two decades

prior to his superannuation when he first came to know of

the discrepancy. The NCWA III, initiative of the Appellants

clearly indicated the existence of errors in service records

of which the appellants were aware and were taking steps

to rectify the same. The instance of appellant that the

records in the Form B register must be relied upon doesnot

hold good as it is admitted by the Appellant that errors

existed in the same. The respondent duly followed the

procedure available and the attempt of the Appellant to

deny the claim of the respondent on the basis of

technicality is incorrect. The appellant failed to follow the

procedure as laid down in the Implementation Instruction.

In above cited case, Para 3.3 of the judgment shows

respondent Mining Sirdarship and in the certificate

acknowledging the same his date of birth was recorded as

6-2-1950 corresponding to the date recorded in the

aforementioned School leaving Certificate. The date of

birth in Form b register was recorded as 15-2-47 and in

Mining Sardar Certificate and School Leaving Certificate

was recorded as 6-2-1950.

23. Shri A.K.Shashi pointed out document 14/2-

application submitted by workman to DGMS. However

said document has not been proved by valid evidence. It

is denied by Ist party therefore said document cannot be

relied for deciding the controversy. As per appendix in

I.I.No.76 workman has not produced matriculation

certificate or other educational certificate therefore the

date of birth recorded in Mining Sirdar Certificate, Gas

Testing Certificate can be treated authentic as provided

under Clause B(1)(b) of the Annexure to I.I.76.

24. Shri A.K.Shashi relies on unreported judgment

in W.P.No. 18 of 1999 by Hon’ble High Court, Jabalpur.

His Lordship observed the age indicated in Mining Sirdar

Certificate is therefore not relevant. In present case, it has

not been shown that on the basis of entry in Form B

register, it was necessary to take date of birth recorded by

them and that for purpose of record, the matter was sent

to Age Determination Committee, the claim was made for

review of the age on the basis of age shown in Mining

Sirdar Certificate, Gas Testing Certificate. Long after their

entry in service. There was no dispute during course of

argument that after workman passed Gas Testing

Certificate, Sirdar Certificate, he was appointed as Sirdar

long back in 1977. The management had accepted those

certificates. Workman was referred for examination by Apex

Medical Board but his age was not determined as per

I.I.No.76 as per the Medical rules. the report of the Apex

Medical Board is also not produced on record therefore

contentions of management cannot be accepted.

25. Reliance is also placed by Shri A.K.Shashi on

ratio held in

Case of G.M.Bharat Coking Coal Ltd. West Bengal

versus Shib Kumar Dushad and others reported in 2000(8)

SCC 696. Her Lordship dealing with determination of date

of birth and judicial review held that in absence of any

arithmetical or typographical error apparent on the face of

the record. High Court should not interfere with such

decision of the employer in exercise its extraordinary

jurisdiction under Article 226. Their Lordship dealing with

burden of proof held where the date of birth is entered in

service record is questioned before court by an employee

shortly before his retirement, burden lies heavily on him

to establish his stand by producing acceptable evidence

of clinching nature.

The date of birth of Ist party workman 18-5-35 was

recorded in Exhibit W-1, W-2. As per Para B(1)(b) of

I.I.No.76, date of birth in statutory certificates is required

to be accepted as authentic when no documents are

covered under para B(1)(a). Therefore the ratio held in

above case cannot be beneficially applied to case at hand.

In present case, the dispute lies between parties is whether

his date of birth recorded in form B should be treated

authentic or the date of birth recorded in Sirdar Certificate

should be accepted. The ratio in above case cannot be

beneficially applied to case at hand.

Next reliance is placed in case of State of Haryana

versus Satish kumar Mittal reported in 2011(1) MPLJ. Their

Lordship held application for correction in service record

within the rules. In above judgment it is not prescribed

within the reasonable time.

I.I.76 was issued in 1988 providing the method I.I.

No.76 covers claim of applicant as he was retired from

1-7-87. As date of birth of workman was recorded 18-5-35

in Exhibit W-1, W-2 and the workman was appointed as

Sirdar. It cannot be said that claim of workman was delayed.

As per I.I.No.76, date of birth recorded under clause (C) in

case of employees date of birth cannot be determined in

accordance with the procedure mentioned in B-1(a), B-

1(b) above. The date of birth recorded in record of the

company’s Form B will be treated as final. As applicant’s

date of birth 18-5-35 is recorded in Gas Testing Certificate

and Sirdar Certificate, the form B register cannot be given

preference on these documents. Considering the

provisions in Para B(1)(a), B(1)(b) and Para (c) of the

Appendix to I.I. No. 76. Superannuation of workman from

4408

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

1-7-87 is not legal. For above reasons, I record my finding

in point No.1 in Negative.

26. Point No.2- In view of my finding on Point No.1

superannuation of workman from 1-7-87 is found illegal,

question arises whether workman is entitled for backwages

for above period. On above point, Shri N.L.Pandey relies

on ratio held in

Case of T.N.Terminated Full Time Temporary LIC

Employees Association versus LIC of India reported in

2015 AIR SCW 1906. Their Lordship held employees

working as temporary, badly and part time employees

against permanent posts doing perennial nature of work

continuing them as such for number of years is unfair

labour practice as defined under Section 2(ra) which is

statutorily prohibited under Section 25 T of the ID Act.

Ratio held in the case has no bearing to the

controversy between parties. It cannot be beneficially

applied to case at hand.

27. However as the date of birth of workman as

recorded in Sirdar Certificate, Gas Testing Certificate as

18-5-35. Workman was superannuated considering his date

of birth in Form B register. The superannuation of workman

is illegal. Workman was forcibly kept idle, the workman

had died during pendency, he cannot be reinstated. Claim

of workman for wages till date of his superannuation

considering his date of birth 18-5-35 deserves to be

allowed. Accordingly I record my finding in Point No.2.

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

(1) The action of the management of Rungta Colliery

of Sohagpur Area of SECL, PO Dhanpuri in refusing to

rectify date of birth of the workman and consequently

superannuating their workman Shri Jagannath S/o Nathai,

Mining Sirdar w.e.f. 1-7-1987 is not proper and legal.

(2)2nd party is directed to pay wages to the workman

from 1-7-87 till the date of his superannuation 17-5-95.

Amount as per above order shall be paid to workman

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

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

from the date of award till its realization.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 4 uoEcj] 2015

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[la- ,y&22012@168@1995&vkbZ vkj ¼lh&II½]

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New Delhi, the 4th November, 2015

S.O. 2141.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No.147/

1995) of the Cent.Govt.Indus.Tribunal-cum-Labour

Court, Jabalpur as shown in the Annexure, in the industrial

dispute between the management of Western Coalfields

Ltd. and their workmen, received by the Central

Government on 04/11/2015.

[ No. L-22012/168/1995 - IR(C-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL -CUM -LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/147/95

Chief General Secretary,

M.P.K.K.M.P(HMS),

Post Junnardeo,

Distt. Chhindwara

...Workman/Union

Versus

Manager,

Sukri Colliery,

PO Junnardeo,

Distt. Chhindwara

...Management

A W A R D

Passed on this 9th day of October 2015

1. As per letter dated 7-8-95 by the Government of

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

received. The reference is made to this Tribunal under

Section -10 of I.D.Act, 1947 as per Notification No.L-22012/

168/95-IR(C-II). The dispute under reference relates to:

“Whether the action of the management of Sukri

Colliery of WCL, Kanhan Area, PO Junnardeo,

Distt. Chhindwara (MP) in dismissing Shri Balram

S/o Tejbali, Mech. Fitter Sukri Colliery of WCL,

Kanhan Area from services w.e.f. 15-10-94 is

justified? If not, to what relief the worker is entitled

to?”

2. After receiving reference, notices were issued to

the parties. Ist party Union submitted statement of claim

at page 3/1 to 3/2. Case of Union is that workman Balram

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4409

was its member. He served 2nd party for 35 years without

any compliance. Age of workman was 56 years on 12-9-94

around 4.15 PM. Asstt. Manager ordered workman to

operate data haulage. He refused to do said work because

he was fitter and not haulage Khasi. That workman had

operated data haulage sometime. That he did not want to

operate haulage regularly. Asstt. Manager was angry and

ordered to cut attendance of workman around 4.30 PM,

workman returned back. Thereafter he went to Petrol pump

for filling petrol in scooter of one Shri Sushil. Asstt.

Manager came there and started quarrelling over the same

dispute. Hard talks held at Junnardeo main road. That

chargesheet was served to workman on 13-9-94. Workman

replied to chargesheet on 14-9-94 denying charges against

him. Reply was received by management on 16-9-94.

Instead of considering reply to the chargesheet,

management appointed Enquiry Committee on 13-9-94

while chargesheet was received by workman on same day.

Enquiry Officer Shri S.K.Srivastava was Personnel

Manager in GM Office Kanhan. Notice of enquiry was

issued on 13/14-9-94. Conveying to hold enquiry on

17-9-94 at 10 AM in his office. Workman was served with

notice of enquiry on 16-9-94, 5 PM, reply to chargesheet

was submitted on same day but management did not give

heed to reply to chargesheet. Enquiry Committee was

appointed. It is further contented that on 17-9-94, workman

submitted application that at short time of the notice, it

was not possible to arrange co-worker Mohan from

Regional workshop. He requested to postpone enquiry to

some other day. Enquiry Officer taking his application did

not sign on copy. Enquiry Officer said that enquiry would

be held on same day and he will dismiss him. Workman

rushed to the post office and reported submitted to the

police, General Manager and other authorities of WCL.

He applied for change of Enquiry Officer alleged Enquiry

Officer was not impartial. On 24-9-94, Chief Personnel

Manager, Kanhan Area issued showcause notice informing

enquiry was proceeded exparte. The charges against

workman were proved. Workman was called upon to submit

his comments within 48 hours. 22-9-94 was holiday.

Workman received letter on 23-9-94 . he replied to

showcause notice on 23-9-94 by post. Workman had

written letter dated 1-10-94 requesting to hold enquiry

but management could not hold enquiry. Letter of dismissal

was issued on 15-10-94. Union submits dismissal of

workman is without giving him opportunity for his defence.

The Union prays for reinstatement of workman with

backwages.

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

6/5 opposing claim of workman. 2nd party raised preliminary

objection that workman expired on 24-7-95. His LRs were

not brought on record within 90 days. The reference is

liable to be dismissed as abated. 2nd party further submits

that deceased workman was working as mechanical fitter.

On 12-9-94, he was in 2nd shift. Workman reported for duty

in drunken condition. For safety point of view, mines as

well as co-workers shri Narayan Charokar not allowed

him on duty. Workman threatened and abused Shri

Narayan Charokar. While Narayan was returning his home

after duty, workman came from his back side, stopped

Narayan, abused and beaten him with belt of the lamp.

Shri Abdul and other rushed to the spot. All those persons

rescued Narayan. On complaint made by Narayan dated

12-9-94, chargesheet was issued to workman. Reply

submitted by workman was not found satisfactory. The

Enquiry Officer Shri S.K.Srivastava was appointed. Shri

P.C.Sahu Personal Manager was appointed as

representative of management. The enquiry was fixed on

17-9-92 as per memorandum issued on 14-9-92. Workman

received memorandum and did not participate in the

enquiry. Workman was present in personal department.

Enquiry was conducted following principles of natural

justice. The 2nd sitting of enquiry was held on 18-9-94.

Workman refused to receive memorandum. Statement of

10 witnesses of management were recorded. Workman was

not present to cross-examine management’s witnesses

who were discharged. It is reiterated that the enquiry was

conducted properly. Workman was allowed opportunity

for his defence. For proved charges of abuses and threats

given to Shri Narayan by workman, punishment of dismissal

was imposed against the workman is legal. If enquiry is

found vitiated, management be permitted to prove

misconduct by adducing evidence.

4. As per order dated 6-4-2015, enquiry conducted

against workman is found illegal. Considering pleadings

on record, the points which arise for my consideration

and determination are as under. My findings are recorded

against each of them for the reasons as below:-

(i) Whether the action of the

In Negative

management of Sukri Colliery

of WCL, Kanhan Area,

PO Junnardeo, Distt. Chhindwara

(MP) in dismissing Shri Balram

S/o Tejbali, Mech. Fitter Sukri

Colliery of WCL, Kanhan Area

from services w.e.f.

15-10-94 is justified?

(ii) If not, what relief the

As per final order.

workman is entitled to?’’

REASONS

5. Enquiry conducted against workman is found

illegal as per order dated 6-4-2015. The counsel for Ist

party submitted application dated 21-7-2015. The workman

was dead. It was submitted that management may not be

permitted to produce evidence to prove charges. Further

enquiry about charges cannot be allowed when workman

is dead. After hearing counsel for parties, case was fixed

for final arguments.

6. Management was not allowed to adduce evidence

to prove charges against workman. Workman was dead.

As charges against workman are not proved, the order of

4410

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

dismissal of workman cannot be sustained. The dismissal

of workman is illegal. For above reasons, I record my finding

in Point No.1 in Negative.

7. Point No.2- The learned counsel for workman

Shri P. Yadav at the time of argument submits that as

charges against workman are not proved, the dismissal of

workman is illegal. As workman is dead, consequential

benefits of backwages be allowed. The compassionate

employment also be allowed. In reply to above, learned

counsel for 2nd party Shri A.K. Shashi submits that the

charges against workman were of workman assaulting

Shri Narayan, workman had attended duty under

intoxication, enquiry is found vitiated. There is no evidence

that workman was or was not in employment, backwages

cannot be allowed. W.r.t. the ruling of appointment on

compassionate ground, it is submitted that term of

reference doesnot include the claim for compassionate

appointment. The Tribunal cannot decide opportunity

beyond the terms of reference. As the claim for appointment

on compassionate ground is also not claimed in his

statement of claim, workman died on 24-7-95 long back, I

donot find substance in the argument of Shri P. Yadav

about appointment on compassionate ground to the

dependants of said workman. Workman was terminated

on 15-10-95 and he died on 24-7-95. The backwages for

period 15-10-95 to 24-7-95 deserves to be allowed. In view

of workman had completed long spam of service and order

of his dismissal is illegal, dependants of workman be also

entitled to retiral benefits. Accordingly I record my finding

in Point No.2.

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

(1)The action of the management is not proper and

legal.

(2)2nd party is directed to pay wages to the deceased

workman for the period 15-10-94 to 24-7-95 ( death of

workman). 2nd party is also directed to allow retiral benefits

to the workman considering his death on 24-7-95.

The monetary benefits as per above order shall be

paid to workman within 30 days from the date of notification

of award. In case of default, amount shall carry 9 %

interest per annum from the date of award till its realization.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 4 uoEcj] 2015

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jktsUnz flag] vuqHkkx vf/kdkjh

New Delhi, the 4th November, 2015

S.O. 2142.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref No..140/

2000) of the Cent.Govt.Indus.Tribunal-cum-Labour

Court, Jabalpur as shown in the Annexure, in the industrial

dispute between the management of South Eastern

Coalfields Limited, and their workmen, received by the

Central Government on 04/11/2015.

[No. L-22012/597/1999 - IR(CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/140/2000

The Secretary,

Janta Mazdoor Sangh (HMS),

Amradandi Store Complex,

PO Amlai Colliery,

Shahdol

...Workman/Union

Versus

Sub Area Manager,

Burhar Sub Area,

SECL, PO.Dhanpuri,

Distt. Shahdol (MP)

...Management

A W A R D

Passed on this 14th day of September 2015

1. As per letter dated 6-21-7-2000 by the

Government of India, Ministry of Labour, New Delhi, the

reference is received. The reference is made to this Tribunal

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

22012/597/99/IR(CM-II). The dispute under reference

relates to:

“Whether the action of the sub Area Manager, Burhar

sub Area of SECL, PO Burhar, Distt. Shahdol(MP)

in dismissing the services of Shri Befaiya S/o Jethua

Clipman, Dhanpuri U.G.Mine w.e.f. 20-9-97 is legal

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

entitled?”

2. After receiving reference, notices were issued to

the parties. Ist party workman submitted statement of

claim at Page 7/1 to 7/4. Case of workman is he was

employed as General Mazdoor by 2nd party. he was working

honestly. There was no adverse remark against him.

workman had submitted medical certificates for resuming

duty on 27-9-96. He was not allowed to join duty.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4411

Chargesheet was issued to him on 27-10-96 alleging

unauthorized absence. Workman further submits that he

denied allegation in chargesheet. Chargesheet was issued

to him with ulterior motive. That due to illness like TB,

workman had applied for light job. Management did not

pay heed to his request. That management alleged

misconduct under standing orders. Workman submits

there are no certified standing orders existing. Workman

had joined Janta Mazdoor Union for redressal of his

grievances. Management developed malice against him

without giving any opportunity to be represented to

engage co-worker, enquiry was conducted. Enquiry

Proceedings shows bias of Enquiry Officer against him.

Enquiry was mechanically completed by Enquiry officer.

That he belongs to ST. workman further submits that he

was suffering from TB. He was receiving treatment from

17-3-97 to 30-3-97. He had produced sick certificate. He

was allowed to join duty as per letter dated 28-8-97. It is

reiterated that enquiry was not properly conducted. He

was not allowed opportunity for his defence. Report of

preliminary enquiry was not supplied to him. Enquiry was

conducted in violation of principles of natural justice is

illegal.

3. 2nd party submitted Written Statement at Page

8/1 to 8/8 opposing claim of the workman. 2nd party submits

that workman was initially appointed as General Mazdoor.

He was given promotion as clipman. Workman was habitual

absentee. The production of coal mines is affected by

absenteeism. In Para-2 of Written Statement, working days

of workman are shown in 1993-184, 1994-70, 1995-136 & 10

days in Feb-96, 16 days in March 1996. That workman was

granted CL from 9-4-96 to 12-4-96. After said leave,

workman not reported for duty. He was absent from

13-4-96 to 25-10-96. Workman was under treatment from

15-4-96 to 6-5-96. He was declared fit to resume duty but

did not report to duty from 7-5-96 to 9-5-96, workman was

under treatment at Burhar from 10-5-96 to 15-7-96. He was

declared fit but did not resume duty on 16-7-96 to

25-10-96. No medical certificate was produced.

Chargesheet was issued to workman as per certified

standing order. Enquiry was conducted. Workman did not

attend Enquiry Proceeding fixed on various dates.

Workman was present in enquiry on 19-2-97 alongwith his

co-worker. Workman denied charges against him. the

statement of management’s witnesses were recorded.

Statement of workman was recorded. It is reiterated that

enquiry was conducted properly. As per order dated

28-9-97, workman was removed from service. Appeal

preferred by workman was rejected as per order dated 26-

7-99. It is reiterated that workman was habitual absentee.

The charges against workman are proved from evidence

in enquiry. The allegation of victimization have been

denied. 2nd party prays that reference be answered in its

favour.

4. As per order dated 12-12-12, enquiry conducted

against workman is found not proper and legal. 2nd party

was granted permission to prove misconduct.

5. Considering pleadings on record and order on

preliminary issue, the points which arise for my

consideration and determination are as under. My findings

are recorded against each of them for the reasons as

below:-

‘‘(i) Whether the misconduct

In Negative

alleged against workman

is proved by 2nd party?

(ii) Whether the punishment

In Negative

of removal imposed against

workman is proper and legal?

(ii) If so, to what relief the

As per final order.’’

workman is

REASONS

6. Chargesheet issued to workman is produced at

Exhibit M-1 under Clause 26.24 habitual late attendance

and habitual absence from duty. The working days form

1994 to 1996 are shown in the chargesheet- in 1993-84

days, 1995-136 days, 10 days in Feb, 16 days in March 96.

Affidavit of evidence of management’s witness Shri P.K.

Srivastava has shown similar working days of workman.

Workman was granted CL. He remained absent after expiry

of leave. He reported to duty on 13-3-96 to 25-10-96. His

affidavit is similar to contentions of 2nd party in Written

Statement that workman had not reported on duty after

leave period. In his cross-examination, management’s

witness says Ist party did not work under him. He worked

under SECL. He did not know whether workman was not

given memo before issuing chargesheet. He denies that

workman was not given opportunity of hearing before

imposing punishment. The evidence of management’s

witness doesnot clearly shows the period of unauthorized

absence. Workman has produced documents Exhibit W-1.

To W-2. Workman had donated blood in the year 1994.

Workman produced sick certificate and fit certificate

Exhibit W-3. Workman was declared fit for duty on

4-11-94. Sick certificates are produced at Exhibit W-4.

Workman was unfit for duty from 10-8-96. Exhibit W-5

workman was found fit for duty from 24-11-94. Exhibit

W-6 workman was found fit for duty. That sick certificate

is produced. Evidence of management’s witness doesnot

show how workman was habitually absent when workman

was receiving treatment, he was granted CL at different

time. Therefore evidence of management witness is not

sufficient to prove charges/ misconduct alleged against

workman. For above reasons, I record Point No.1 in

Negative.

7. Point No.2- the charges of habitual absence

alleged against workman are not proved from evidence of

management witness. Learned counsel for Ist party

workman pointed out my attention that illness of workman

was beyond his control, any document about attendance

was not produced by management, workman be

reinstated.

4412

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

8. Learned counsel for 2nd party Shri A.K. Shashi

submits that workman was irregular in his work. Medical

certificates and leave record is produced. Rest of the period

was unauthorized. His working days are also brought to

notice. Learned counsel Shri A.K. Shashi further submits

that workman was insisting for surface duty. He was absent

without submitting application for leave. The intimation

of his absence was not given to the management. Therefore

reinstatement should not be allowed.

9. The unauthorized absence of workman is not

proved from evidence of workman. It is argued that

attendance of workman was irregular. Chargesheet was

issued to workman about habitual absence. Said charge

is not proved from evidence of management’s witness.

Affidavit of evidence of workman shows his age was 57

years in the year 2010. Workman has already attained age

of superannuation therefore reinstatement could not be

allowed. Considering charge of unauthorized absence not

proved, reasonable compensation of Rs. 2 Lakh would be

reasonable. Accordingly I record my finding in Point No.2.

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

(1) The action of the Sub Area Manager, Burhar Sub

Area of SECL, PO Burhar, Distt. Shahdol(MP) in dismissing

the services of Shri Befaiya S/o Jethua Clipman, Dhanpuri

U.G.Mine w.e.f. 20-9-97 is not proper.

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

workman.

Amount as per above order shall be paid to workman

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

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

from the date of award till its realization.

R.B. PATLE, Presiding Officer

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

New Delhi, the 4th November, 2015

S.O. 2143. —In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D No.77/2012

& 79/2012) 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 03/11/2015.

[No. L-42012/145/2012-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.77 of 2012, Reference No. L-42012/145/

2012/IR(DU) dated 21.1.2013

Sh. Vijay Kumar son of Shri Suresh Kumar C/o Girish Rana,

H.No. 635, New Colony, Mirjapur, Near Bheem Hawan,

Kurukshetra, Haryana.

....Workman.

Versus

The Director, National Institute of Technology,

Kurukshetra.

...Respondent

APPEARANCES

For the Workman

: None.

For the Management : Shri S.S. Chokhar, Advocate.

Award Passed on: - 27.10.2015

Government of India Ministry of Labour vide

notification No. L-42012/145/2012/IR(DU) dated 21.1.2013

has referred the following dispute to this Tribunal for

adjudication:

“Whether the demand of Shri Vijay Kumar son of

Shri Suresh Kumar, for reinstatement and

regularisation in service with the management of

Director, NIT, Kurukshetra w.e.f. 06.12.2008 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.

Chandgarh,

27.10.2015

S. P. SINGH, Presiding Officer

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4413

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dsUnzh; ljdkj vkS|ksfxd vf/kdj.k ,oa Je U;k;ky; 1] paMhx<+ ds

iapkV ¼lanHkZ la- 77@2012 ,oa 79@2012)dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 03@11@2015 dks izkIr gqvk FkkA

[la- ,y&42012@147@2012&vkbZvkj (Mh;w)]

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

New Delhi, the 4th November, 2015

S.O. 2144.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D No.77/2012

& 79/2012) 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

03/11/2015.

[No. L-42012/147/2012-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.79 of 2012, Reference No. L-42012/147/

2012/IR(DU) dated 21.1.2013.

Sh. Sanjay Sharma son of Shri Vidya Prakash Sharma,

Resident of 616/6, Patel Nagar, Kurukshetra-Haryana.

....Workman

Versus

The Director, National Institute of Technology,

Kurukshetra.

...Respondent

APPEARANCES

For the Workman

: None.

For the Management : Shri S.S. Chokhar, Advocate.

Award Passed on: - 27.10.2015

Government of India Ministry of Labour vide

notification No. L-42012/147/2012/IR(DU) dated 21.1.2013

has referred the following dispute to this Tribunal for

adjudication:

“Whether the demand of Shri Sanjay Sharma son of

Shri Vidya Prakash Sharma, Ex-security guard, for

reinstatement and regularisation in service with the

management of Director, NIT, Kurukshetra w.e.f.

10.4.2008 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.

Chandigarh

27.10.2015

S. P. SINGH, Presiding Officer

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dks 04-11-2015 dks izkIr gqvk FkkA

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New Delhi, the 4th November, 2015

S.O. 2145.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 122/

2001))of the Cent. Govt. Indus.Tribunal-cum-Labour

Court, Jabalpur as shown in the Annexure, in the industrial

dispute between the management of Punjab National Bank

and their workmen, received by the Central Government

on 04/11/2015.

[No. L-12011/45/2001 - IR(B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL -CUM L-ABOUR COURT,

JABALPUR

No. CGIT/LC/R/122/2001

Shri General Secretary,

Association of Punjab

National Bank Employees,

37, Bhakshi Gali,

Indore

...Workman/Union

Versus

4414

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

The Regional Manager,

Punjab National Bank,

Bhopal Region,

Sikharvarta Bhawan,

Press Complex,

Bhopal, Jabalpur

...Management

AWARD

Passed on this 15th day of September, 2015

1. As per letter dated 18-6-2001 by the Government

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

received. The reference is made to this Tribunal under

Section -10 of I.D.Act, 1947 as per Notification No.L-12011/

45/2001-IR(B-II). The dispute under reference relates to:

“Whether the action of the management of Regional

Manager, Punjab National Bank, Bhopal in imposing

the punishment of stoppage of 4 annual grade

increments with cumulative effect in respect of Shri

Rajeev Stephen is justified? If not, what relief the

workman is entitled to?”

2. After receiving reference, notices were issued

to the parties. Ist party workman submitted statement of

claim at Page 5/1 to 5/3. Case of workman is that he was

working on post of clerk/ cashier at branch Ratlam. He

was previously posted at Ganjbasoda branch.

Management imposed punishment stopping his 4

increments with cumulative effect. Chargesheet was issued

to him on 6-1-94, the applications were vague. Certain

allegations were false. Workman submitted reply to

chargesheet. Without considering his reply, enquiry was

initiated against him. Enquiry Officer appointed by

management was biased. He was leader of the Officers

Union. Workman have taken objection to the appointment

of Enquiry Officer. Its cognizance was not taken. Enquiry

Officer conducted enquiry as per his discretion, he acted

as a prosecutor rather than a judge. Workman was not

given opportunity to cross examine witnesses of

management. He was not given opportunity for his defence.

The findings of Enquiry Officer are perverse. Enquiry

Officer had not given attention towards circumstances in

favour of Ist party. He had made up his mind totally.

Chargesheet was issued to the Competent Authority not

by Appointing Authority. The enquiry based on said

chargesheet is illegal. Workman had 14 years unblemished

service record. The witness was not examined on enquiry.

On such ground, workman prays for setting aside order of

punishment and prays for relief of his increments.

3. 2nd party filed Written Statement opposing

claim of the workman. Preliminary objection is raised that

no dispute under Section 2K of ID Act has been referred.

The Bank has initiated disciplinary action as per bipartite

settlement. Workman was given opportunity for his

defence and personal hearing. Enquiry Officer submitted

his report dated 23-6-95 holding that charges against

workman are proved. The Disciplinary Authority carefully

gone through the charges and findings of Enquiry Officer.

The punishment of stoppage of 4 annual increments with

cumulative effect was imposed against workman on 15-9-

95. Workman had challenged order of punishment filing

appeal after 3 years and 9 months as per bipartite

settlement, the limitation period for appeal is 45 days. The

appeal was filed without application for condonation of

delay was rejected. All adverse contentions of workman

are denied. It is reiterated that the Disciplinary Authority

considered facts and misbehavior committed by workman.

Enquiry was conducted following principles of natural

justice. Workman was allowed opportunity for his defence.

Enquiry was conducted on various dates. 2nd party submits

that punishment awarded against workman is

commensurate with his misconduct workman had indulged.

2nd party prays for rejection of claim of workman.

4. Workman submitted rejoinder at Page 15/1 to

15/7 reiterating his contentions in statement of claim.

Workman submits that management is misleading court.

Presenting Officer Mr. Chauhan was changed as he was

not supporting the complainant.

5. As per order dated 10-6-2013, enquiry conducted

against workman is found proper and legal.

6. Considering pleadings on record and findings

on preliminary issue, the points which arise for my

consideration and determination are as under. My findings

are recorded against each of them for the reasons as

below:-

(i)

Whether the misconduct/

In Affirmative

charges alleged against

workman is proved from

evidence in Enquiry

proceedings?

(ii)

Whether the punishment

In Affirmative

of dismissal imposed

against workman is

proper and legal?

(ii)

If not, what relief the

Workman is not

workman is entitled to?”

entitled to any relief.

REASONS

7. Enquiry conducted against workman is found

legal and proper as per order dated 10-6-2013. Whether

charges/ misconduct alleged against workman are proved

requires to be decided form evidence in Enquiry

Proceedings. Enquiry Proceeding is produced at Page

17/8 to 17/49. Management’s witness Shri S.k.Jain in his

statement at Page 17/15, 17/16 says that on 21-10-93 around

1.30 PM, workman Rajeev Stephen came to Manager,

abused him in indecent language and threatened to beat

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4415

him. Workman had threaten to beat him by shoes. With

difficulty, he had taken away workman from Manager.

Witness has narrated that the workman said Manager if

he talks further, he would be beaten by shoes using the

word “Saale” . In Cross examination of said witness, he

says that he had straight away gone to the table of

Srivastava. He had talked with Srivastava about the LIC

business and premium. At that time, Mr. Sunil jain asked

workman to work at his place. On that workman in anger

said to beat Mr. Jain with shoes. The evidence of the

witness Jain on the point of incident is not shattered in his

cross-examination. Evidence of management’s witness

No.1 about incident is corroborated by management’s

witness No.2 Shri S.K.Jain. witness No.2 in his further

statement says he was in the Bank for 15-20 minutes. He

claims ignorance what happened prior to his reaching the

Bank. He denies that he had given statement in writing

vide letter dated 21-11-92 on say of some other person.

Management’s witness No.3 Shri C.K. Jain Manager

Gangbasoda branch corroborates that on 21-10-93, while

he was sitting in cabin of Shri S.K.Jain, they had talk, the

workman entered the cabin. He was shouting loudly.

Workman was told that the Manager was busy. They would

talk afterwards. Workman insisted for immediate talks.

Workman said how he is not talking that time itself he

would see him and threatened to beat him by shoes. The

evidence of management’s witness about occurrence of

the incident is not shattered in cross-examination. The

scope of judicial review under Section 11-A of ID Act is

settled that evidence cannot be re-appreciated as appellate

authority. The findings of Enquiry officer are supported

by evidence of MW-1 to MW-3. The findings of Enquiry

Officer therefore cannot be said perverse. The charges are

proved from evidence of management’s witness 1 to 3. For

above reasons, I record my finding in point No.1 in

Affirmative.

8. Point No.2- In view of my findings in Point No.1,

charges against workman are proved from evidence of

management’s witnesses, question remains whether

punishment of stoppage of 4 increments of workman with

cumulative effect is proper and legal. The misconduct

proved against workman pertains to abusing the Manager

and threatening him to beat by shoes is misconduct of

serious nature.

9. Management witness Tanvi Upadhyay in her

cross-examination denies that punishment imposed

against workman is harsh.

10. Considering the proved misconduct against

workman, punishment of withholding 4 increments with

cumulative effect of workman cannot be said

disproportionate or excessive. In my considered view,

looking to the proved misconduct against workman, no

interference is required in the order of punishment. For

above reasons, I record my finding in Point No.2 in

Affirmative.

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

(1)

The action of the management of Regional

Manager, Punjab National Bank, Bhopal in

imposing the punishment of stoppage of 4

annual grade increments with cumulative

effect in respect of Shri Rajeev Stephen is

proper and legal.

(2)

Workman is not entitled to any relief.

R.B. PATLE, Presiding Officer

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New Delhi, the 4th November, 2015

S.O. 2146.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 66/08))of

the Cent.Govt.Indus.Tribunal-cum-Labour Court, Jabalpur

as shown in the Annexure, in the industrial dispute

between the management of Bank of India and their

workmen, received by the Central Government on 04/11/

2015.

[No. L-12012/23/2008 - IR(B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/66/08

Shri Kailash Singh

S/o Sahab Singh,

365,Paschimpuri, Sikandra,

Agra (UP)

...Workman

4416

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

Versus

Zonal Manager,

Bank of India,

Zonal Office, Ujjain Zone,

18, Shanku Marg,

Ujjain

...Management

A W A R D

Passed on this 15th day of September 2015

1. As per letter dated 4-6-08 by the Government of

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

received. The reference is made to this Tribunal under

Section -10 of I.D.Act, 1947 as per Notification No.L-12012/

23/2008- IR(B-II). The dispute under reference relates to:

“Whether the action of the management of Zonal

Manager, Bank of India, Zonal Office, Ujjain in

issuing orders of dismissal from service to Shri

Kailash Singh w.e.f. 27-3-2001 is justified? If not, to

what relief the workman is entitled for?”

2. After receiving reference, notices were issued

to the parties. Workman submitted statement of claim at

Page 7/1 to 7/9. Case of workman is that he is workman

under Section 2(s) of ID Act. He was working as cash cum

account clerk at Mahidpur branch. On 4-7-2000, he was

suspended alleging gross misconduct under clause 19.5(c),

19.5(e), 19.5(j) of Bipartite Settlement pertaining to

disorderly or indecent behavior, drunkenness,

disobedience of order of management, doing any act of

gross negligence. Workman submits that chargesheet

issued to him for baseless and vague charges, Enquiry

officer was appointed. Enquiry conducted against him is

illegal on various grounds. Preliminary issue is decided as

per order dated 30-7-2013. Enquiry conducted against

workman was found legal therefore the contentions of

workman in detail are not enumerated. Workman further

contented that findings of Enquiry Officer were served on

him alongwith showcause notice. He was removed from

service as per order dated 27-3-2001. Workman has narrated

charges against him in para-8, 10 to 15. The substance of

the charges against workman were that he had

unauthorisely collected amount of Rs. 5500 from Yogesh

from 17-2-2000 for crediting in loan Account. Workman

issued further point to him. the amount was not deposited.

Charge No.2 pertain to posting of cheque No. 681- Rs.400

in overdraft account of workman. Charge No.3 pertain to

Cheque No. 682 of overdraft Account of workman Ramesh

issued by workman on 2-6-00. Other charges pertain to in

bundle of Rs.10 denomination, 2 notes of Rs.10 were found

less. That workman misbehaved with acting Manager Mr.

Meena. Workman refused to accept cash brought by

Mahidpur branch on 10-12-98. Workman was dismissed

from service vide order dated 27-3-01. The order of

dismissal was challenged filing appeal. His appeal was

dismissed in violation of Article 311 of the constitution,

para19 of bipartite settlement. Workman submits that

charges are not supported by evidence. The punishment

of dismissal is shockingly disproportionate. Appellate

Authority not applied his mind correctly. The evidence

produced by workman was not appreciated by Enquiry

Officer or Disciplinary Authority. On such ground, workman

prays for his reinstatement with backwages.

3. 2nd party filed Written Statement at page 14/1 to

14/11 opposing claim of the workman. Preliminary

objection is raised by 2nd party that workman filed Writ

petition No. 2537/01 before MP High Court Bench Indore

was dismissed on 13-12-05 observing that the delinquent

officer found guilty of the charges after enquiry granting

full opportunity of hearing. The Appellate Authority also

confirmed the findings of Disciplinary Authority. The

workman also filed Writ Appeal No. 62/06. Writ appeal

was dismissed by Division Bench of High Court on

25-4-07. The dispute raised by workman under ID Act before

RLC. Management opposed conciliation proceeding in

view of judgment in above Writ petition and Writ appeal.

2nd party submits order of reference is illegal. The reference

is not tenable. Workman had chosen forum before Hon’ble

High Court. 2nd party submits that chargesheet was issued

to workman for gross misconduct under Clause 19.5(C),

19.5(e), 19.5(j). Mr. Dhamle was appointed as Enquiry

Officer, enquiry was conducted on various dates. Evidence

of management’s witnesses and Defence Witnesses was

recorded. The enquiry was adjourned on different dates.

The evidence of management’s witnesses and defence

witnesses was recorded. The enquiry was adjourned on

different dates. The documents were produced. CSE

examined witness Pushkar Parihar, Yogesh. Enquiry Officer

submitted his findings on 6-2-01 holding that the charges

against workman were proved. Workman had abused and

threatened Acting Manager Mr. Meena. Considering report

of Enquiry Officer, Disciplinary Authority examined report

and documents. Showcause notice was issued to workman

on 3-3-2001. Punishment of dismissal was imposed against

workman. Appeal preferred by workman was dismissed.

2nd party denied that enquiry conducted against workman

was in violation of principles of natural justice. Workman

was not given enough time for engaging Defence

Assistant. 2nd party prays that the reference be answered

in its favour.

4. As per order dated 30-7-2013, enquiry conducted

against workman is found legal. Considering pleadings

on record and findings on enquiry, the points which arise

for my consideration and determination are as under. My

findings are recorded against each of them for the reasons

as below:-

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4417

(i) Whether the dispute raised by

In Negative

Ist party workman

under reference is tenable in

view of judgments in Writ

petition No. 2537/2001 &

Writ Appeal No. 62/06?

(ii) Whether the charges alleged

Does not Survive

against workman is proved

from evidence in Enquiry

proceedings?

(iii) Whether the punishment

Does not survive

of dismissal imposed against

workman is proper and legal?

(iv) If not, what relief the

Workman is not

workman is entitled to?”

entitled to any relief.

REASONS

5. 2nd party raised preliminary objections that in

view of judgment in writ petition No. 2537/01 and Writ

appeal No. 62/06, dispute under reference raised by

workman is not tenable. In his statement of claim, workman

has not disclosed about Writ petition and writ appeal

decided by Hon’ble High Court. Copy of judgment in Writ

Petition 2537/01 is produced. Her ladyship while

dismissing Writ Petition considered submissions that

petitioner was working on responsible post of cashier cum

account clerk and has been leveled with charges of amount

not deposited making overdrafts in his own account and

the serious charges of withdrawal from other accounts

and also guilty of fraud and misappropriation. He is also

guilty of insubordination and such acts amount to gross

misconduct. He was also guilty drunken and disorderly

behavior. Such acts are prejudicial to the interest of the

bank and like to affect the working of the other employees

and the petitioner cannot be allowed to continue in service.

There is no infirmity in the order impugned and has prayed

for dismissal of the petition. It was observed on perusing

the Annexures, record and the rules, it is found that the

contention of the counsel for the petitioner is sans merit.

The delinquent officer is being found guilty of the same

charges after due inquiry and after granting full

opportunity of hearing, the appellate authority has also

confirmed and upheld the findings of the disciplinary

authority. The conduct of delinquent doesnot elicit any

sympathy and hence the petition is sans merit and is

dismissed.

6. In Writ appeal No. 62/06, their Lordship of

Division bench while dismissing the appeal observed on

charges being proved, Disciplinary Authority passed order

of removal from service which was challenged by appellant

before learned single judge. Learned counsel for appellant

contented that the order has been passed by the Authority

which was not the appointing authority or competent under

rules to pass the aforesaid order of removal from service.

Their Lordship further observed that the provisions of

Bank of India Officer Employees Discipline and Appeal

Rules 1976 and according to the schedule Dy. Zonal

Manager, Regional manager and the Chief Manager are

the Disciplinary Authorities and order having been passed

by one of them cannot be said to be illegal. Their Lordship

observed looking to the serious nature of charges leveled

against appellant and proved by respondents, they have

justified in ordering the termination of service of the

appellant, no case is made out for any interference. The

appeal was dismissed.

7. During course of argument, learned counsel for

workman Shri P.Choubey pointed out my attention to the

details of charges alleged against workman and evidence

of management’s witnesses. Learned counsel for 2nd party

Shri A.K.Shashi submits that workman had challenged his

dismissal filing Writ petition and the judgment of Single

Bench was challenged filing writ appeal. Preliminary

objection is raised in the Written Statement. Workman

availed remedy under Article 226. The evidence and order

were considered in Writ Appeal also. The objection was

also raised before RLC filing reply Exhibit M-18. The

reference is barred by resjudicata.

8. Learned counsel for workman Shri P.Choubey. In

written notes of argument, he submitted that power of

Labour Court under Section 11-A of ID Act to interfere on

the question of proportionality of punishment is peculiar

to the scheme of the Act and may not be exercisable by

the High Court. Reliance is placed on ratio held in 1995-I-

LLJ-351. It is submitted that principles of resjudicata are

not applicable as the judgment of High Court is not on

merit. The question of resjudicata is not involved in present

reference.

Commentary in AIR Manual Vol IV 5th Edicition of

Section 11 CPC note at Page 447. Essentials of resjudicata

are explained. It is essential that the former judgment must

be of Court Competent jurisdiction but when a plea of

resjudicata is founded on general principles it is not

necessary that the Court which is competent to decide the

former case and decides that case should have jurisdiction

to hear the later suit, refers to AIR-1961-SC-1457. It further

deals with prior decision of High Court under Article 226

will operate as bar to application to Supreme court under

Article 32. Under Caption (6), the legal position is explained

that for application of the principle of resjudicata, the form

of the proceeding whether it originated as a suit or even

as an original petition is not really very material but only

substance thereof.

9. Workman challenged order of his dismissal before

Hon’ble High court under Article 226 and Writ Appeal, it

cannot be said that Hon’ble High Court were not

competent to decide legality of the order of dismissal.

Workman had chosen remedy under Article 226 and also

filing Writ Appeal was filed on rejection of Writ Petition.

The order of dismissal was challenged by workman.

4418

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

Considering the commentary discussed above, the

reference is not tenable. Claim of workman is barred under

Section 11 of CPC. After rejection of writ appeal, workman

cannot again challenge order of his dismissal under Section

11-A raising the dispute under ID Act. For above reasons,

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

10. Point No. 2, 3- In view of my finding on Point

No.1 as reference is barred by principles of resjudicata,

both Point No.2,3 have become redundant. Accordingly I

record my finding in Point No.2,3.

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

(1)

The dispute under reference is not tenable as

barred by resjudicata.

(2)

Workman is not entitled to any relief.

R.B. PATLE, Presiding Officer

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New Delhi, the 4th November, 2015

S.O. 2147.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 158/2000))of

the Cent.Govt.Indus.Tribunal-cum-Labour Court, Jabalpur

as shown in the Annexure, in the industrial dispute

between the management of Central Bank of India and

their workmen, received by the Central Government on

04/11/2015.

[No. L-12011/167/2000 - IR(B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/158/2000

General Secretary,

Daily Wages Bank

Employees Association,

Hardev Niwas,

9, Sanwer Road,

Ujjain

...Workman/Union

Versus

The Manager,

Central Bank of India,

CBI, Regional Office,

6/3, Race Course Road,

Indore.

...Management

A W A R D

Passed on this 15th day of September 2015

1. As per letter dated 22-8-00 by the Government

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

received. The reference is made to this Tribunal under

Section -10 of I.D.Act, 1947 as per Notification No.L-12011/

167/2000/IR(B-II). The dispute under reference relates to:

“Whether the action of the management of Central

Bank of India in terminating Shri Sudhir Kumar

Shinde w.e.f. 9-6-99 and denial of regularization of

his services is legal and justified? If not, what relief

the workman is entitled for?”

2. After receiving reference, notices were issued to

the parties. Workman submitted statement of claim at Page

4/1 to 4/4. Case of workman is that in 1985, Ist party

workman was engaged on pay scale as peon for 60 days.

He worked with devotion to avoid benefit of regularizing

artificial break was given to him. the record of working for

60 days was prepared. During 1986 to 1990, he was

engaged on work for 60 days during each of the year. He

was called for test on 9-3-93 for absorption in regular

service. He was called for personal interview at Indore on

10-7-93. After interview, his name was included in select

list at Sl. No.17. He was doing work of Dartary sorting

vouchers, arranging it, preparing its bunch etc. during

period 15-7-95 to 28-3-98, he was paid wages Rs.30, 43.92,

45 per day. That he worked for total 871 days during

15-7-95 to 8-6-99. He had worked more than 220 days during

each of the day. It is reiterated that he was not paid bonus,

difference of wages. As he was selected after written test

and interview, his name was at Sl. No.17 in Waiting List.

Workman prays that 2nd party be directed to absorb him in

regular service.

3. 2nd party submitted Written Statement at Pages

7/1 to 7/4 opposing claim of the workman. 2nd party denies

that workman was appointed on the post of peon. It is

denied that workman was working continuously. It is

denied that workman was interviewed after looking the

record about his working in 1985. Workman was engaged

on daily wages as per exigencies. Workman is not eligible

for absorption as regular employee. The panel list was

prepared and as per directions given by RBI, workman

was not appointed. The list has become irrelevant.

Workman was paid wages for his working days. He had

not completed 240 days during 15-7-95 to June 1999. As

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4419

RBI had issued directions, workman was not given

appointment as per the select list.

4. Considering pleadings on record, the points

which arise for my consideration and determination are as

under. My findings are recorded against each of them for

the reasons as below:-

‘‘(i) Whether the action of the

In

Affirmative

management of Central

Bank of India in terminating

Shri Sudhir Kumar Shinde

w.e.f. 9-6-99 and denial of

regularization of his services

is legal and justified?

(ii) If not, what relief the

Workman is not

workman is entitled to?’’

entitled to any relief.

REASONS

5. Though workman has raised present dispute

challenging termination and denial of regularization by

management of 2nd party, workman has not participated in

reference proceeding. He has not adduced any evidence

in support of his claim. The evidence of workman was

closed on 7-5-2014.

6. 2nd party also failed to adduce evidence. Evidence

of 2nd party is closed on 7-4-2015.

7. On behalf of workman, Shri Ram Nagwanshi

representative of Union produced zerox copies of Exhibit

W-1 to W-13- documents in R/11/04. When 2nd party has

denied continuous working for more than 240 days of the

workman during 95 to 99, workman has not adduced any

evidence. They have not participated in reference. 2nd

party also claimed that as per direction by RBI, no

appointment was given to workman. The Waiting List has

become irrelevant. In absence of any evidence by workman

to substantiate his claim, the claim of workman cannot be

accepted. For above reasons, I record my finding in Point

No.1 in Negative.

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

(1)

The action of the management of Central Bank of

India in terminating Shri Sudhir Kumar Shinde

w.e.f. 9-6-99 and denial of regularization of his

services is legal and proper.

(2)

Workman is not entitled to any relief.

(3)

Parties to bear their own cost.

R.B. PATLE, Presiding Officer

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New Delhi, the 4th November, 2015

S.O. 2148.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 217/97))of

the Cent.Govt.Indus.Tribunal-cum-Labour Court, Jabalpur

as shown in the Annexure, in the industrial dispute

between the management of Bank of Baroda and their

workmen, received by the Central Government on 04/11/

2015.

[No. L-12012/246/96 - IR(B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL CUM LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/217/97

Shri Sailesh Tiwary, 27,

Ayodhya colony, Koderia Village,

Indore

...Workman

Versus

Regional Manager,

Bank of Baroda,

Plot No. 238,

Zone-I, Maharana Pratap Nagar,

Bhopal

...Management

AWARD

Passed on this 16th day of September, 2015

1. As per letter dated 22-7-97 by the Government

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

received. The reference is made to this Tribunal under

Section -10 of I.D.Act, 1947 as per Notification No.L- 12012/

246/96/IR(B-II). The dispute under reference relates to:

‘‘Whether the action of the management of Bank of

Baroda, Bhopal in terminating the services of

Shri Shailesh Tiwary S/o Shri Shyam Sundar Tiwary

w.e.f. 31-5-94 is legal and justified? If not, to what

relief the said workman is entitled?”

2. After receiving reference, notices were issued

to the parties. Ist party submitted statement of claim

through General Secretary, Daily wage Bank Employees

Union at Page 3/1 to 3/4. Case of Ist party is that workman

Shailesh Tiwary authorized General Secretary of Union to

4420

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

submit statement of claim on his behalf. That workman

Shailesh Tiwary was engaged as daily wager for sweeping,

cleaning, dusting etc. work by Branch Manager

Shri A.K. Jadhav. From 22-8-92, he was paid Rs. 25/- per

day. Workman was dong work of distribution of dak giving

drinking water etc. from 22-8-92, workman was

continuously working without complaint against him. His

wages were increased time to time. He was paid wages

from Monday to Saturday 6 days in a week by voucher.

Workman was working under different Branch Managers.

He was paid wages under voucher. The record of

Attendance Registers, token book, cashier scroll are

maintained by the Bank. He worked for 2 years. On his

request for payment of bonus, his services were terminated

on 31-5-94 without notice. He was not paid 3 months salary

before terminating his services. Workman reiterates that

despite continuously working for 20 days in a year, his

services were not regularized. He is covered as employee

under Section 25 B of ID Act. His services are terminated

without paying retrenchment compensation in violation

of Section 25-F and Para 507, 524 of Sastry Award. 2nd

party not followed principles of last come first go. Thereby

2nd party violated Section 25-G,N of ID Act. After

terminating his services Bank engaged other daily wage

employees. Workman was not engaged. Thereby 2nd party

violated Section 25 H of ID Act. After termination of his

service, it finds difficult to maintain his family. On such

ground, Ist party prays for reinstatement with backwages.

3. 2nd party filed Written Statement at Page 10/1 to

10/9 opposing claim of Ist party. 2nd party submits that he

General Secretary of Union has no locus standi to represent

workman. Management granted work of cleaning to

contractor Sudhir Kumar who was doing the business in

the name and style of safai syndicate. Workman was

engaged by said contractor. That contractor is necessary

party. The reference order is illegal as workman was not

engaged by the Bank. There is no question of his

termination by Bank. The employer employee relationship

is not existing between parties.

4. 2nd party further submits that workman shailesh

Tiwary was engaged by Mhow branch for fetching water

at Rs.25/- per day from 22-8-92 to 16-12-92 for 88 days.

Workman was paid wages from Sundry charges account.

Subsequently work of cleaning, fetching was given under

contract to Sudhir Kumar carrying business in name of

Safai Syndicate. 2nd party submits the dispute is raised

alleging termination of workman. 2nd party reiterates that

workman was not its employee. His services were not

terminated. The termination of workman doesnot amount

to retrenchment rather it is covered under Section 2(oo)(bb)

of ID Act. That engagement of workman was intermittent

on contract basis. Provisions of Section 25 B, 25-F of ID

Act are not attracted. Workman was not sponsored

through Employment Exchange. The vacancies were not

notified in Employment Exchange. The intermittent

engagement of workman as stop gap arrangement is not

violative of Article 16(1) of the constitution. The

reservation policy of government for SC,ST, OBC etc.

needs to be followed by 2nd party in regular appointments.

It is reiterated that workman was engaged on daily wages

for 88 days in 1992. Workman had not completed 240 days

continuous service. Section 25-F of ID Act is not attracted.

All adverse contentions of workman are denied. 2nd party

submits that workman is not entitled to any relief.

Termination of workman is not illegal.

5. Ist party filed rejoinder at Page 19/1 to 19/2

reiterating its contentions in statement of claim.

6. Considering pleadings on record, the points

which arise for my consideration and determination are as

under. My findings are recorded against each of them for

the reasons as below:-

‘‘(i) Whether the action of the

In Affirmative

management of Bank

of Baroda, Bhopal in

terminating the services

of Shri Shailesh Tiwary

S/o Shri shyam Sundar Tiwary

w.e.f. 31-5-94 is legal

and justified?

(ii) If not, what relief the

Workman is not

workman is entitled to?”

entitled to any relief.

REASONS

7. Workman is challenging termination of his

service for violation of Section 25-F,G,H of ID Act. Workman

claims that he had worked for more than 240 days from

22-8-92 till his termination 31-5-94. Workman did not

adduce evidence in support of his claim. Shri Ram

Nagwanshi Union Secretary submitted in writing on

20-11-13 that workman not adducing evidence.

8. Management filed affidavit of witness Shweta

Chandel. The evidence of workman was closed on

8-12-2014. Affidavit filed by management’s witness pertains

to the application for production of documents.

Management has not filed affidavit of evidence in the

matter. Thus both parties have not adduced evidence in

the matter. There is no evidence on record that workman

had completed more than 240 days working during any of

the year when management has admitted only 88 days

working by workman in 1994. That contentions of workman

about his continuous work for more than 240 days during

the period 22-8-92 to 31-5-94 is not supported by any

evidence. Claim of workman that his services are

terminated illegally in violation of Section 25-F,G,H of ID

Act is not established. Therefore I record my finding in

Point No.1 in Affirmative.

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

(1)

The action of the management of Bank of

Baroda, Bhopal in terminating the services of

Shri shailesh Tiwary S/o Shri Shyam Sundar

Tiwary w.e.f. 31-5-94 is proper and legal.

(2)

Workman is not entitled to any relief.

R.B. PATLE, Presiding Officer

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4421

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New Delhi, the 4th November, 2015

S.O. 2149.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 93/05))of

the Cent.Govt.Indus.Tribunal-cum-Labour Court, Jabalpur

as shown in the Annexure, in the industrial dispute between

the management of Indian Bank and their workmen, received

by the Central Government on 04/11/2015.

[No. L-12012/70/2005-IR(B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL -CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/93/05

Shri Gangaram Parmar,

S/o Shri Gaijiram Parmar,

Hall Niwasi,

Vill & PO Bhaavra,

Tehsil Aashta, Dt. Sehore

Sehore (MP)

...Workman

Versus

Manager,

Indian Bank, Circle Office,

Upper Ground Floor,

World Trade Centre,

Babar Road,

New Delhi.

...Management

AWARD

Passed on this 13th day of October 2015

1. As per letter dated 6-9-05 by the Government of

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

received. The reference is made to this Tribunal under

Section -10 of I.D.Act, 1947 as per Notification No.L-12012/

70/2005-IR(B-II). The dispute under reference relates to:

“Whether the action of the management of Manager,

Indian Bank in terminating the services of Shri

Gangaram Parmar w.e.f. 31-10-03 is justified? If not,

to what relief the workman is entitled for?”

2. After receiving reference, notices were issued

to the parties. Ist party workman submitted statement of

claim at Page 3/1 to 3/5. Case of workman is that he was

appointed on permanent vacant post of sweeper in January

1987. He was posted under 2nd party No.2 on monthly

salary of Rs. 740/- which was less than minimum wages

fixed by Central Government. He was working

continuously till 31-10-03. His services were terminated.

Workman reiterates that he was appointed on permanent

vacant post. He was performing duties satisfactorily.

Workman was also paid wages for extra work. He was

continuously working more than 240 days during the period

1987 to October 2003. He acquired status of permanent

employee. His services were terminated in violation of

statutory provisions and principles of natural justice. He

was not given opportunity for defence. Any chargesheet

was not issued to him. Enquiry was not conducted against

him. The termination is in colourable exercise of powers.

His termination amounts to illegal retrenchment. Workman

submits that he was continuously working with 2nd party

for about 16 years. He is left in starving condition.

Workman prays for his reinstatement with backwages.

3. 2nd party management filed Written Statement

at Page 12/1 to 12/7 opposing claim of workman. 2nd party

reiterates that workman was engaged by Bank Manager

as casual sweeper for sweeping and cleaning branch

premises on Rs.450/- per month. The engagement of

workman was unauthorised without following the

prescribed rules. Workman was engaged at Rs. 450/- per

month. He was wrongly paid Rs. 740/- per month. His

financial irregularity was tried to be set right. Workman

stopped cleaning sweeping work, he did not come to the

Bank of his own. Claim of workman for reinstatement as

part time sweeper with full backwages cannot be allowed.

Workman was not terminated by management. He himself

stopped working. It is denied that workman was terminated

vide order dated 31-10-03. Workman had not completed

240 days continuous service during any of the year.

Workman was engaged as casual sweeper on pro-rata

wages. Workman has no right of employment as he was

not appointed by the Bank. The long period of ad hoc

employment does not give right of regularization to the

workman. Workman was not holding any post. Provisions

of Section 25 of ID Act are not attracted. Workman is not

entitled for reinstatement with backwages. Workman is

not entitled to any relief.

4422

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

4. Considering pleadings on record, the points

which arise for my consideration and determination are as

under. My findings are recorded against each of them for

the reasons as below:-

‘‘(i)

Whether the action of the

In Negative

management of Manager,

Indian Bank in terminating

the services of Shri

Gangaram Parmar

w.e.f. 31-10-03 is justified?

(ii)

If not, what relief the

As per final order.

workman is entitled

to?”

REASONS

5. Workman is challenging termination of his

service for violation of Section 25-F of ID Act. In support

of his claim, workman filed affidavit of his evidence. In his

affidavit of evidence, workman says that he was working

as sweeper with 2nd party from 1987 to 31-10-2003. He was

paid Rs. 740/- per month. Any chargesheet was not issued

to him. During leave period of regular employees, other

works were extracted from him. He was paid for such

work. He worked more than 240 days during each of the

year till his termination on 31-10-03. His services were

orally terminated without any notice. Any chargesheet

was not issued to him. He was working from 9 AM to 5

PM. He was working for about 16 years with 2nd party.

Termination of his service is illegal. He claimed

reinstatement with backwages. In his cross-examination,

workman says appointment letter was not issued to him.

The post was not advertised. He was interviewed along

with 3 persons. He was selected after interview. Ram Singh

was interviewed with him. He was unable to tell name of

other persons interviewed with him. Order of his

termination was not issued to him. He was doing sweeping,

cleaning work. He denies that after doing sweeping work,

he was leaving Bank, he was not doing any other work. He

denied that he was paid Rs. 60/- for 3 hours working per

day. Workman reiterates that he was paid Rs. 700 per month.

He admits Exhibit W-1 Rs. 60 shown is correct. In 2003, he

was paid Rs. 700. Amount paid to him was correctly

recorded. He admits that Rs. 60 or Rs.700 per month is not

correct. Mischief was committed with him. He produced

document P-3, P-4- complaints to the officers. Those

documents needs to be exhibited as referred by 2nd party

in cross-examination of workman. Workman denied that

he was engaged for working as 3 hours per week at Rs. 60

per month.

6. The documents produced by workman Exhibit

W-1 extract of Bank account shows that he worked more

than 240 days from November 02 to October 2003. The

entries of Rs. 740 are recorded every month during above

period. Exhibit W-1 further shows payment made to

workman at various rates since 1987 to October 2003.

Evidence of workman is corroborated from entries in Exhibit

W-1. The document Exhibit W-2 shows payment of wages

to workman for extra work since April 91 to July 97. Exhibit

W-2 also corroborates evidence of workman that he was

paid wages for extra work.

7. Management filed affidavit of Branch Manager

Gangaram supporting contentions of management that

workman was engaged as casual sweeper at Bager branch

for 1 or 2 hours in morning, no other work was taken from

him except cleaning premises of the branch. Workman was

engaged at Rs. 450 per month. Workman was wrongly

paid Rs. 750 per month by Branch Manager when such

financial irregularity was tried to be set right, workman

stopped cleaning sweeping work from 1-11-03. Workman

was not terminated by management. In para 12 of his

affidavit, witness says workman was wrongly paid Rs.

740 per month. Workman had not completed 240 days

working during any of the year. Workman himself stopped

cleaning sweeping work. Workman was not appointed by

the Bank. He has not served for 16 years in the Bank.

Management’s witness further says that workman was

not paid bonus or increment. He was not given CL, EL,

Medical Leave etc. Management’s witness in his cross-

examination says that he was posted in Bager branch

from 9-7-03. During this period, workman was working as

part time sweeper. Workman was not continuously working

from 1987 to 31-10-03. He denies that after 1-11-03, other

person was engaged for sweeping work. From year 2000,

workman was wrongly paid Rs. 740 per month. He claims

ignorance whether any action was taken against concerned

officer. Workman was not served with notice of

termination, compensation was not paid to him. Notice

was not issued to workman for his absence from work. He

denies that other work was extracted from workman.

8. Management’s witness has not produced any

documents as to how payment of Rs.740/- per month was

wrongly paid to workman. No document is produced about

the wages to be paid to casual/ part time sweeper. In

absence of such documents, the evidence of management’s

witness cannot be accepted. Management’s witness has

not produced any documents that recovery of excess

amount paid to workman was initiated against the workman

therefore evidence of management’s witness that

workman himself stopped cleaning, sweeping work cannot

be believed.

9. As discussed above, the evidence of workman

about continuously working from December 87 to October

2003 is corroborated by document Exhibit W-1. Workman

was paid wages for other work which is supported by

document Exhibit W-2. Workman has established that he

was continuously working more than 240 days during 1987

to October 2003. Management’s witness admits workman

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4423

was not issued notice of termination. Compensation

amount was not paid to workman.

10. Learned counsel for 2nd party Shri R.K.Agrawal

during course of argument pointed out my attention to

Document P-3, P-4. In P-4 workman has referred himself as

temporary sub staff and not as regular employee.

11. Shri R.K.Agrawal further submits that

provisions of Section 25-F are not applicable as workman

was part time employee, he was not appointed following

rules and regulations. Section 25-F does not make a

difference between regular or part time employees.

Workman was engaged as part time casual sweeper, he

completed more than 240 days continuous service during

each of the year during 1987 to 2003. Workman is entitled

to protection of Section 25-F. He was not served with notice,

retrenchment compensation is not paid to workman

therefore termination of workman by 2nd party is in violation

of Section 25-F of I.D. Act. For above reasons, I record my

finding in Point No.1 in Negative.

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

termination of workman is illegal for violation of Section

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

for reinstatement with backwages. Workman in his cross-

examination says the post was not advertised, he was

interviewed with 3 persons and selected. Workman has

not produced interview call issued by management.

Workman was not engaged following the rules for

appointment. Workman was engaged as part time sweeper

not against any sanctioned post. Though learned counsel

for workman Shri P.C.Paliwal referred to ratio held in AIR-

2010-SC-683 but the citation is not made available. I have

no opportunity to consider the ratio held in said case.

Considering the facts and evidence discussed above,

workman was engaged as casual part time sweeper, relief

of reinstatement would be appropriate. However workman

was working with Bank as part time sweeper from

December 1987 to October 2003, compensation Rs. 1,50,000

would be appropriate. Accordingly I record my finding in

Point No.2.

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

(1)

The action of the management of Manager,

Indian Bank in terminating the services of Shri

Gangaram Parmar w.e.f. 31-10-03 is not proper

and legal.

(2)

2nd party management is directed to pay

compensation Rs. 1,50,000/- to the workman.

Amount as per above order shall be paid to workman

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

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

from the date of award till its realization.

R. B. PATLE, Presiding Officer

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New Delhi, the 4th November, 2015

S.O. 2150.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 44/2013)) of the Cent.

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

shown in the Annexure, in the industrial dispute between

the management of Bank of India and their workmen,

received by the Central Government on 04-11-2015.

[No. L-12011/56/12 - IR(B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/44/2013

General Secretary,

Dainik Vetan Bhogi Bank Karmchari Sangathan,

Kendriya Karyalaya, F-1, Karmbhumi,

Tripti Vihar, Ujjain

...Workman/Union

Versus

Regional Manager,

Bank of India,

Regional Office, Opposite

Rasoma Laboratory,

AB Road, Indore

....Management

AWARD

Passed on this 30th day of September 2015

1. As per letter dated 8-2-13 by the Government of

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

received. The reference is made to this Tribunal under

4424

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

Section 10 of I.D.Act, 1947 as per Notification No.L-12011/

56/12-IR(B-II).The dispute under reference relates to:

“Whether the action of the management of Bank of

India in terminating the services of Shri Ashok Kumar

Sunhare w.e.f. 20-1-03 is legal and justified? What

relief the concerned workman is entitled to?”

2. After receiving reference, notices were issued

to the parties. Ist party workman submitted statement of

claim through General Secretary, Daily Wages Bank

Employees Union. Case of workman is that he was working

on daily wages at Indore from 15-3-89 as peon. He was

paid wages Rs.32/- per day. His wages were increased

time to time. Lastly he was paid Rs.125/-, 130/- per day. He

continuously worked for more than 14 years from 15-3-89.

He worked more than 240 days during each of the year. He

was not paid bonus. On his request for payment of bonus,

his services were terminated without notice from 20-1-03.

His services were terminated in violation of Section 33 of

ID Act during pendency of conciliation proceeding before

ALC, Bhopal. That he is covered as employee under

Section 25 B of ID Act. His services are terminated in

violation of Section 25-F of ID Act. On such ground,

workman prays for his reinstatement with back wages.

3. 2nd party filed Written Statement opposing claim

of the workman. Preliminary objection is raised that Shri

Ram Nagwanshi, so called General Secretary of Union is

not competent to raise the dispute as he was dismissed

employee of State Bank of Indore. That in statement of

claim filed by workman in R/160/93, he has pleaded that he

worked from 15-3-89 to 7-11-02 whereas in present case,

he claims his services were retrenched from 22-1-03 in

violation of Section-33 of ID Act. The dispute raised about

the same matter is liable to be rejected. Ist party is not

covered as workman under Section 2(s) of ID Act as he

was not appointed by the Bank following recruitment

process. Workman was engaged on daily wages as per

exigencies for casual nature of work. The Bank has to

follow the policies of Government about reservation of

SC,ST,OBC etc. Workman was not sponsored through

Employment Exchange. 2nd party denies that workman

was engaged from 15-3-89. However his engagement on

daily wages as per requirement is not disputed. All adverse

contentions of workman are denied.

4. Considering pleadings on record, the points

which arise for my consideration and determination are as

under. My findings are recorded against each of them for

the reasons as below:-

‘‘(i) Whether the action of the

In Affirmative

management of Bank of

India in terminating the

services of Shri Ashok

Kumar Sunhare

w.e.f. 20-1-03 is

legal and justified?

(ii) If not, what relief the

Workman is not

workman is entitled to?”

entitled to any relief.

REASONS

5. As per terms of reference, workman is challenging

termination of his service. His claim is opposed by 2nd

party filing Written Statement. On 23-4-14, Shri

R.Nagwanshi representative of Union on behalf of

workman submitted in writing that workman does not

desire to adduce evidence. Shri R.Nagwanshi submitted

copies of award passed in R/180/00, 105/03 in support of

the claim of workman. When workman has not adduced

any evidence, management of 2nd party also not adduced

any evidence in the matter. For absence of evidence of

both the parties, the claim of workman about legality of

termination in violation of Section 25-F cannot be accepted.

For above reasons, I record my finding in Point No.1 in

Affirmative.

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

(1)

The action of the management of Bank of

India in terminating the services of Shri

Ashok Kumar Sunhare w.e.f. 20-1-03 is legal

and proper.

(2)

Workman is not entitled to any relief.

R. B. P ATLE, Presiding Officer

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New Delhi, the 4th November, 2015

S.O. 2151.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 33/09) of

the Cent. Govt. Indus. Tribunal-cum-Labour Court, Jabalpur

as shown in the Annexure, in the industrial dispute between

the management of Union Bank of India and their workmen,

received by the Central Government on 04-11-2015.

[No. L-12012/81/2008-IR(B-II)]

RAVI KUMAR, Desk Officer

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4425

ANNEXIRE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/33/09

Shri Intezhar Ali,

s/o Shri Barkat Ali,

R/o near Baba Kapoor,

Golandaj Mohalla,

Qilagate,

Gwalior.

...Workman

Versus

General Manager,

Union Bank of India,

Zonal office, Arera Hills,

1513/1/1, Jail Road,

Bhopal.

...Management

AWARD

Passed on this 15th day of September, 2015

1. As per letter dated 25-2-09 by the Government

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

received. The reference is made to this Tribunal under

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

12012/81/2008-IR(B-II). The dispute under reference relates

to:

“Whether the claim of the workman that he has

completed 240 days of services in a calendar year

that his services were terminated w.e.f 30-6-2006

without following the procedure of ID Act, 1947

and that he should be reinstated by the management

of Union Bank of India is legal and justified? What

relief the concerned workman is entitled to?”

2. After receiving reference, notices were issued to

parties. Workman submitted statement of claim. Case of

workman is he was appointed against clear vacancy of

peon from 15-12-02. Workman rendered his services as

peon in new High Court Branch. He was continuously

working till 30-6-06. He rendered more than 240 days service

in each of the calendar year in office of 2nd party No.3. He

is covered as employee under Section 25 B of ID Act.

Initially he was paid Rs. 50 per day by 2nd party No. 3.

Subsequently the wages were increased to Rs.60 per day.

His remuneration were paid form petty cash mode for the

period 15-12-02 to 28-11-04 and onwards till 30-6-06.

Payment was made through vouchers Bank Account No.

8841900. Workman has prayed that 2nd party No. 3 be

directed to pay difference.

3. Ist party further submits that he was not paid

bonus 8.33 %. He had submitted complaint to the

Competent Authority but no action was taken. In repellant

to his complaint, 2nd party No. 3 dispensed with services

from 30-6-06 without otice or compensation in lieu of notice

in violation of Section 25-F of ID Act, he was working as

messenger. After dispensing his services, 2nd party

engaged one Munna in his place in violation of Section

25-G.H of ID Act. Workman filed Writ petition 4153/2006.

Writ petition was dismissed as withdrawn on 25-9-06 with

liberty to raise ID. On such ground, workman is praying

for reinstatement with backwages.

4. 2nd party filed exhaustive Written Statement

opposing claim of workman. 2nd party submits contentions

of workman in his statement of claim are false, fabricated.

2nd party Bank is nationalized Bank incorporated under

Bank Act 1970. Workman was never appointed by the

Bank in any post. There is no employer employee

relationship. The reference is not tenable. Ist party is not

covered as workman under Section 2(s) of ID Act. As

workman was never appointed by Bank, there is no

question of his termination.

5. 2nd party submits that it has rules and procedure

for appointment of sub staff. Central Office of Bank

identifies vacancies and enforced to the zonal/ Regional

office, call names of eligible number of candidates from

Employment Exchange of different categories. The

candidates reported from Employment Exchange are

interviewed. After verification of eligibility, 3 member Board

carries interview, the selected candidates after medical

examination are appointed. Ist party workman had not gone

through prescribed selection process.

6. 2nd party submits that for certain casual work,

services of workman were utilized. He was paid amount,

he was not appointed as regular employee. It is denied

that workman was appointed by Branch Manager. The

engagement of casual employee come to end at end of the

day. 2nd party has referred to ratio held in various cases.

That claim of workman cannot be allowed. 2nd party had

denied workman completed 240 days continuous service

and is covered under Section 25 B of ID Act. It is reiterated

that workman was not appointed on regular post. He was

engaged as casual labour. There was no question of his

termination. Provisions of Section 25-F are not attracted.

It is denied that after discontinuing workman, one Munna

was employed in violation of Section 25-G,H of ID Act.

Writ Petition filed by workman was dismissed as withdrawn.

It is reiterated that workman is not entitled to any relief.

7. Workman filed rejoinder reiterating his

contentions in statement of claim.

8. Considering pleadings on record, the points

which arise for my consideration and determination are as

4426

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

under. My findings are recorded against each of them for

the reasons as below:-

‘‘(i)

Whether it is proved that

In Negative

workman completed 240 days

service in a calendar year?

(ii)

Whether services of

In Affirmative

workman are terminated

from 30-6-06 without following

procedure of ID Act 1947?

(ii)

If so, to what relief the

As per final order.

workman is entitled to?”

REASONS

9. The terms of reference pertains to whether

workman has completed 240 days continuous service and

his services are terminated in violation of provisions of ID

Act, 1947, whether workman is entitled for reinstatement.

Section 25-F provides-

No workman employed in any industry who has

been in continuous service for not less than one year

under an employer shall be retrenched by that employer

until-

(a)

The workman has been given one month’s

notice in writing indicating the reasons for

retrenchment and the period of notice has

expired or the workman has been paid in

lieu of such notice, wages for the period of

the notice;

(b)

The workman has been paid, at the time of

retrenchment, compensation which shall be

equivalent to fifteen days average pay for

every completed year of continuous

service or any part thereof in excess of six

months and

(c)

Notice in the prescribed manner is served

on the appropriate Government or such

authority as may be specified by the

appropriate Government by notification in

the Official Gazette.”

Section 25 B provides-

For the purpose of this chapter-

(i)…….

(ii) where a workman is not in continuous service

within the meaning of clause (I) for a period of

one year or six months, he shall be deemed to be

in continuous service under an employer-

(a)

For period of one year, if the workman during

aperiod of 12 calendar months preceding the

date with reference to which calculation is

to be made, has actually worked under the

employer not less than-

(i)

One hundred and ninety days in

the case of a workman employed

below ground in a mine and

(ii)

240 days in any other case.

Keeping above provisions in view, the evidence of

parties needs to be appreciated. Ist party workman filed

affidavit of his evidence supporting his contentions in

statement of claim. That he was appointed as peon against

clear vacancy on 15-12-02 by Branch Manager. He rendered

continuous service in city centre, New High Court Branch.

He was paid salary through cash vouchers bearing

Account No. 88419000. He was not paid 8/33 % bonus. He

had complained to Competent Authority. his services were

dispensed with without notice or pay in lieu of notice. He

rendered 240 days continuous service till 2006. In his cross-

examination, workman says he was not given appointment

letter, he claims ignorance about selection process. he

was not interviewed. No written test was taken. He has

produced documents payment vouchers abut his working

more than 240 days. Written order terminating his service

was not issued. Workman has produced documents

Exhibit W-1 receipt for payment of wages for 17 days from

24-4-06 to 12-5-06. Exhibit W-2 receipt of payment of wages

for 18 days 15-5-06 to 3-6-06. Receipt Exhibit W-3 payment

of wages for six days from 17-10-05 to 22-10-05. Receipt

Exhibit W-4 includes payment of wages for 6 days 29-8-05

to 3-9-05, Exhibit W-5 includes payment of six days wages

from 3-10-05 to 8-10-05. Exhibit W-6 includes payment of

wages for 5 days 10-10-05 to 15-10-05. Exhibit W-7 payment

of wages for 6 days 26-9-05 to 1-10-05. Those receipt Exhibit

W-3 to W-7 also includes other payments. Exhibit W-8

payment of wages for 11 says. 19-6-06 to 30-6-06. Exhibit

W-9 payment of 5 days wages 22-8-05 to 26-8-05. Exhibit

W-10 is payment of wages for 8 days from 30-1-06 to

7-2-06. The document Exhibit W-11, 12,13,14,15 pertains

to other payment made by Bank. Workman had submitted

application for production of documents. 2nd party was

directed to produce documents as per order dated

19-3-2013. 2nd party has not produced documents.

10. 2nd party filed affidavit of evidence of witness

Shri Sushil Kumar singh supporting its contentions of

management in Written Statement. From his evidence,

documents M-1 to M-6 are admitted. From evidence in

cross-examination, documents Exhibit W-1 to W-15 are

admitted in evidence. Management’s witness in his cross-

examination denies that documents relating to payments

made to the workman are not produced. He claims

ignorance whether seniority list of temporary messengers

peon was prepared. Workman was not served notice of

retrenchment, compensation was not paid to workman.

management’s witness claims ignorance of Account No.

88419000. Despite workman had requested production of

documents, 2nd party has not shown its detail in Written

statement. The documents are not produced by

management as per order dated 19-3-13. Evidence of

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4427

workman is supported by some documents. 2nd party

employer failed to produced documents even after order.

It is clear that 2nd party has suppressed relevant documents.

If evidence of Ist party workman and management’s

witness is carefully appreciated, management’s witness

has no personal knowledge as he was not working in city

centre branch. Therefore the evidence of workman deserves

to be accepted. For non-production of documents, adverse

inference deserves to be drawn that as per order dated

19-3-13, the documents would have supported claim of

workman. Therefore the evidence of workman is accepted

that he completed more than 240 days service preceding

12 months of his termination. My conclusions are also

supported by documents produced by management-

Exhibit M-1 to M-6. Workman was paid wages time to

time. Management’s witness admits that notice was not

issued to workman, compensation was not paid to him,

therefore termination of service of workman is illegal for

violation of Section 25-F of ID Act. For above reasons, I

record my finding in Point No.1in Negative and 2 in

Affirmative.

11. Point No.3- In view of my finding in Point No.1

service of workman are terminated without notice in

violation of Section 25-F of ID Act, question arises whether

workman is entitled for reinstatement with backwages.

Workman in his cross-examination says he is working as

labour. In support of his arguments, learned counsel for

workman Shri Pranay Choubey relies on ratio held in case

of Devinder Singh versus Municipal Council Sanaur . In

para 24, their Lordship held we are also convinced that the

reasons assigned by the High Court for setting aside the

award of reinstatement are legally untenable. In the first, it

deserves to be noticed that the respondent had engaged

the appellant in the back drop of the ban imposed by the

State Government on the filling up of the vacant posts.

The respondent had started a water supply scheme and

for ensuring timely issue of the bills and collection of

water charges, it needed the service of a clerk. However

on account of the restriction imposed by the State

Government, regular recruitment was not possible.

Therefore resolution dated 27-4-95 was passed for

engaging the appellant on contract basis. Copy of

resolution No. 30 dated 27-4-95 is considered by their

Lordship that resolution was passed that Devinder Singh

was engaged for period of six months on part time basis

on salary of Rs.1000.

In para-26, their Lordship concluded if what the High

Court has done is held to be justified, gross illegalities

committed by the employer in terminating the services of

workman will acquire legitimacy in majority of cases.

Next reliance is placed in

Case of Director, Fisheries Terminal Division versus

Bhikubhai Meghajibhai Chavda. From Para-4 of said

judgment, it is clear that workman before Labour Court

was employed as watchman and he was paid daily wages

and his presence was also marked in the muster roll. In

para 16, their Lordship observed that the appellants have

clearly failed to prove the services of no junior employee

was continued when the services of the respondent was

terminated. Section 25-G has also not been followed.

In present case, though workman says Munna was

appointed after his discontinuation, no cogent evidence

is adduced on the point. Violation of Section 25-G is proved

in view of admission of management’s witness claim

ignorance seniority list of temporary employees is

displayed or not. When seniority list was not displayed

on notice board, workman was engaged on daily wages.

He was not appointed as regular employee. In my

considered view, reinstatement of daily wager is not

appropriate, reasonable compensation Rs. One Lakh

would be appropriate. Accordingly I record my finding in

point No. 3.

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

(1) The action of management is not proper.

(2) 2nd party is directed to pay compensation

Rs. One Lakh to the workman.

Amount as per above order shall be paid to workman

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

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

from the date of award till its realization.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 4 uoEcj] 2015

dk-vk- 2152-—vkSn~;ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj cSad vkWQ

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vfèdj.k@Je U;k;ky;] tcyiqj ds iapkV ¼lanHkZ la[;k 160@03½

dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 04@11@2015 izkIr gqvk FkkA

[la- ,y&12011@126@2003&vkbZ vkj ¼ch&II½]

jfo dqekj] MsLd vf/kdkjh

New Delhi, the 4th November, 2015

S.O. 2152.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 160/

03))of the Cent. Govt. Indus.Tribunal-cum-Labour

Court, Jabalpur as shown in the Annexure, in the industrial

dispute between the management of Bank of India and

their workmen, received by the Central Government on

04/11/2015.

[No. L-12011/126/2003 - IR(B-II)]

RAVI KUMAR, Desk Officer

4428

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/160/03

General Secretary,

Daily Wages Bank Employees Association,

Hardev Niwas, 9,

Sanwer Road, Ujjain

...Workman/Union

Versus

Zonal Manager,

Bank of India,

Zonal office, 22,

Yashwant Niwas Road,

Indore

...Management

AWARD

Passed on this 1st day of October, 2015

1. As per letter dated 18-9-03 by the Government

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

received. The reference is made to this Tribunal under

Section -10 of I.D. Act, 1947 as per Notification No. L-12011/

126/2003-IR(B-II). The dispute under reference relates to:

“Whether the action of the management of Bank of

India in not regularizing the services of Shri Ashok

Sunhare and not paying him bonus is justified? If

not, to what relief the workman is entitled for?”

2. After receiving reference, notices were issued to

the parties. Ist party submitted statement of claim through

General Secretary, Daily Wages Bank Employees Union at

Page 3/2 to 3/8. Case of Ist party is since 15-3-89, he was

working with 2nd party Bank as daily wage peon. He was

paid scale wages. His signatures were obtained on payment

voucher dated 25-2-92, 8-9-93. All branches were informed

that badli peon working more than 240 days in a year were

eligible for regular appointment. As per circular dated

24-8-84, the daily wage peons were entitled for payment of

wages. That Ist party workman had worked more than 240

days during each of the year from 15-3-89 to 31-5-93. Bonus

of Rs. 853.48, 1113,1112, 1110 were paid to him for the year

1991, 92, 93, 95. The attendance of workman was maintained

in muster roll by Branch Manager. Ist party workman

reiterates that he completed 240 days continuous service

during each of the year. He is covered as employee under

Section 25 B of ID Act. His services were terminated on

22-1-03 without notice in violation of Section 33 of ID Act.

On 7-11-02, ALC Bhopal had directed management not to

terminate service of workman. Workman reiterate that his

services were terminated in violation of Section 25-F,G,N

of ID Act. On such ground, workman prays for

reinstatement in service and bonus. The terms of reference

pertains to denial of regularization and not paying bonus.

The legality of termination of workman is not included in

terms of reference.

3. 2nd party filed Written Statement at Page 11/1 to

11/14 opposing claim of the workman. Preliminary

objection is raised by 2nd party that Shri Ram Nagwanshi

was terminated from service of the Bank. He was not

employee of the Bank. Shri R.Nagwanshi is not competent

to raise dispute. That Ist party workman is not covered

under Section 2(s) of ID Act as he was not appointed in

Bank’s service. Ist party has not disclosed anything in

regard to his employment in management. It is reiterated

that the reference made by Government is misconceived.

The Government has decided disputed questions while

making the reference. Workman claimed reinstatement and

other benefits contending that his services are illegally

terminated in violation of provisions of ID Act. The

employees appointed following prescribed procedure are

regular employees. Branch Manager is authorized to

engage sub staff temporarily during the period or increase

of work. Ist party workman was not sponsored through

Employment Exchange. The vacancies were not notified

to Employment Exchange. The reservation of SC ST OBC

as per policy of Government is required to be followed.

Such procedure was not followed before engagement of

workman. The persons engaged on temporary basis cannot

be appointed permanently. Ist party workman was not

appointed by Competent Authority. He was engaged on

daily wages for few days for increase of work. He never

worked for more than 240 days during any of the year.

Workman was not appointed on permanent basis after

holding interview as per bipartite settlement. All adverse

contentions of workman have been denied. Workman was

not appointed on regular basis. No unfair labour practice

is committed by management. Management has not

violated any statutory provisions. Violation of Section 33

of ID Act is also denied. Bank cannot provide employment

to all unemployed persons as its sources are limited. On

such ground, 2nd party prays to answer reference in its

favour.

4. Ist party workman submitted rejoinder at Page

14/1 to 14/3 reiterating its contentions in statement of claim.

5. Considering pleadings on record, the points

which arise for my consideration and determination are as

under. My findings are recorded against each of them for

the reasons as below:-

‘‘(i) Whether the action of the

In Affirmative

management of Bank of India

in not regularizing the services

of Shri Ashok Sunhare and not

paying him bonus is justified?

(ii) If not, what relief the

Workman is not

workman is entitled to?”

entitled to any relief.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4429

REASONS

6. The terms of reference pertains to denial of

regularisation of workman and non-payment of bonus.

Legality of termination of service of workman is not

covered under the reference.

7. Workman filed affidavit of his evidence that he

was working as peon on scale wages from 15-3-81 to

termination of his service on 20-1-03. He worked more

than 240 days. During 1-8-91 to 31-7-92, he worked for 228

days. During 1-6-92 to 31-6-92 he worked for 242 days. He

was paid wages for the period 30-5-89 to 19-3-94. He was

paid bonus Rs.110/- for 1993-94, Rs.113/- for 1994-95. Nand

Kishore Peon having less number of working days was

absorbed in permanent service. He had raised dispute

before ALC Bhopal No. BPL-7(67)/03. In his cross-

examination, workman claims ignorance whether in his

affidavit of evidence, pay scale is written. He was engaged

by Branch Manager Amar Kumar Kalu his name was not

sponsored through Employment Exchange, public notice

was not issued. As Manager Kaku was of his

acquaintance, he was engaged in the Bank. Appointment

letter was not issued to him. Zerox documents about

payment of wages are produced on record. He received

those documents in 1999. From 1989 to 2003, he worked in

same branch on daily wages. He was engaged on work as

per exigencies. His signatures were obtained on payment

voucher. He was unable to tell his working days in

particular year. He admits payment of bonus for the year

1991-92 but he was unable to tell the number of days for

which bonus was paid.

8. Management filed affidavit of evidence of witness

Shri Umesh Chand Chaturvedi supporting contentions of

the management in Written Statement. That workman was

never paid bonus. He not completed 240 days continuous

service. Workman was not engaged by Branch Manager.

Workman was not engaged against permanent sanctioned

vacancy. He was paid daily wages. His engagement was

on day to day basis. His engagement was of temporary

nature. Management’s witness in his cross says that

directions in Exhibit M-1, M-2 about temporary engagement

of workman were not complied. He was working in

kanchanbagh mine during 2001-03. During his tenure,

workman was engaged by rotation. The rotation list is not

produced. He had discussed the matter with Branch

Manager. Sinha and Mr. Biswanath. Attendance register

of workman was not maintained. Wages paid to the

workman were reimbursed to the Branch Manager, its

documents not produced on record. No document is

produced about working days and payment of wages paid

to workman. Workman was not paid retrenchment

compensation, he was not issued termination notice. As

the term of reference pertains to denial of regularisation

and non-payment of bonus, the evidence of management’s

witness in present case workman was not paid

retrenchment compensation, he was not served termination

notice is of no consequence. Above evidence has no

relevance to the denial of regularisation. If evidence of

workman and management’s witness is carefully

appreciated, the management’s witness has not produced

relevant documents about working days and payment of

wages to the workman. There is no denial in evidence in

cross examiantion of workman that he was working from

15-3-89 to 20-1-03. That workman was engaged in the Bank

for about 14 years is not challenged. The evidence of the

workman would show that he was engaged on daily wages

for years together and as it may amount to unfair labour

practice covered under Item 10 Schedule V of ID Act, the

claim for regularisation of workman would have been

justified. However the terms of reference in present case

relates to denial of regularisation. The termination of

workman was under challenge in R/44/13. As workman did

not adduce any evidence in R/44/13, the award is passed

against workman. When workman is not in service and

R/44/13 pertaining to termination of service of workman is

answered against him, claim of workman for regularisation

in service cannot be allowed.

9. Learned counsel for 2nd party Shri A.K.Shashi

relies on ratio held in case of

Tilak Singh Tomar versus State of MP and others

reported in 2000 LLR 971. His Lordship of MP High Court

held that the completion of 240 days work doesnot under

the Industrial law import the right to regularization and it

merely imposes certain conditions on the employer.

In case between Indian Drugs and Pharmaceuticals

Ltd. versus workmen Indian Drugs and Pharmaceuticals

Ltd. reported in 2007(1) SCC 408. Their Lordship of the

Apex Court held the Court cannot create a post where

none exists nor issue directions to absorb or regularize

temporary employees nor continue them in service nor

pay them salaries of regular employees as these are purely

executive or legislative functions. In Para 34, their Lordship

observed that there can be no regularization dehors the

rules.

In case between Hindustan Aeronautics Ltd. versus

Dan Bahadur Singh and others reported in 2007(6)SCC

207. Their Lordship dealing with status and right of daily

rated employees held not equitable that of Government

Servant. In absence of availability of the post, such

employee is not entitled to absorption as regular employee.

In case between Dhanpur Sugar Mills versus Bhola

Singh reported in AIR 2005-SC-1790. Their Lordship

dealing with regularization of service held completion of

240 days of continuous service in a year may not itself be

ground for regularization of service.

In case of MP State Agro Industries Development

Corp.Ltd. and another versus S.C.Pandey reported in

2006(2) SCC-716. Their Lordship dealing with status and

rights of causal labour held on completion of 240 days

4430

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

continuous service itself would not confer right for

regularization in service.

In present case, the evidence shows workman was

engaged on daily wages for about 14 years would amount

to unfair labor practice under Item 10 of ID Act. However

the workman has been terminated from service. The

termination of workman is challenged in R/44/13. The claim

of workman is not upheld. When workman is not in service,

his claim for regularization cannot be accepted. For above

reasons, I record my finding in Point No.1 in Affirmative.

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

(1) The action of the management of Bank of

India in not regularizing the services of Shri

Ashok Sunhare and not paying him bonus

is proper and legal.

(2) Workman is not entitled to any relief.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 4 uoEcj] 2015

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vfèdj.k@Je U;k;ky;] tcyiqj ds iapkV ¼lanHkZ la[;k 134@97½

dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 04@11@2015 dks izkIr gqvk

FkkA

[la- ,y&12012@151@96&vkbZ vkj ¼ch&II½]

jfo dqekj] MsLd vf/kdkjh

New Delhi, the 4th November, 2015

S.O. 2153.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 134/

97) of the Cent.Govt.Indus.Tribunal-cum-Labour

Court, Jabalpur as shown in the Annexure, in the industrial

dispute between the management of Bank of India and

their workmen, received by the Central Government on

04/11/2015.

[No. L-12012/151/96 - IR(B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/134/97

Shri Some B.Ghoke,

House No. 24,

Near Phooti Bhavdi Durga Mandir,

Pushpa Nagar,

Bhopal.

...Workman

Versus

Zonal Manager,

Bank of India,

Zonal Office, Jail Road,

Arera Hills, Bhopal

...Management

A W A R D

Passed on this 1st day of October, 2015

1. As per letter dated 16-5-97 by the Government

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

received. The reference is made to this Tribunal under

Section -10 of I.D.Act, 1947 as per Notification No.L-12012/

151/96/IR(B-II). The dispute under reference relates to:

“Whether the action of the management of Bank of

India in terminating the services of Shri Soma

B.Ghoke and also stoppage of two future increments

with cumulative effect w.e.f. 11-1-94 is justified? If

not, to what relief the workman is entitled?’

2. After receiving reference, notices were issued

to the parties. Ist party workman submitted statement of

claim at Page 2/1 to 2/3. Case of Ist party workman is that

chrgesheet was issued to workman on 18-10-91,

corrigendum issued to him on 25-2-92. Workman was

suspended on 8-2-91. Workman submitted reply to

chargesheet denying charges against him. Enquiry was

initiated against him. Workman contented that enquiry be

recorded in Hindi, he repeatedly gave applications in that

regard. His request was not acceded to and he same was

done only at fag end when he was proceeded exparte. The

evidence was closed without granting him opportunity

for his defence. He submitted application dated 27-8-92.

His defence representative declined to participate in

proceeding, requested permission to appoint Advocate

for his defence. His request was acceded after completion

of enquiry. He did not get opportunity for his defence. He

submitted application dated 27-8-92. His defence

representative declined to participate in proceeding,

requested permission to appoint Advocate for his defence

as request was acceded after completion of enquiry. He

did not get opportunity for his defence. The principles of

natural justice were not followed by Enquiry Officer. He

acted under influence of Disciplinary Authority. Enquiry

Officer did not submit his report with appropriate reasons.

The findings of Enquiry Officer are without application of

mind and came to conclusions. The findings are not based

on evidence. Showcause notice issued to workman was

replied in detail. The Issuing Authority did not consider

his contentions in reply. That enquiry is conducted against

him in contravention of service regulations and principles

of natural justice. That dismissal from service of workman

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4431

is based on illegal findings, is violative of Constitution.

On report of Enquiry Officer, punishment of dismissal ,

withholding two annual increments are illegal. On such

ground workman prayed for his reinstatement.

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

6/7. 2nd party submits that Ist party workman during course

of service committed misconduct. Chargesheet was issued

to him on 18-10-91 and corrigendum on 28-2-92. The

misconduct proved against workman related to fraudulent

loan Account opened in name of Ghansham and mis-

utilised the Bank funds of Rs.61,500. Workman fraudulently

obtained signature of workman on bank loan application

for wrongly representing the documents related to

employment in the Bank. The Ist party workman

fraudulently withdrawn Rs.5000/- forging signature of

Ghansham. Workman sanctioned housing loan of

Rs.75000/-, 35,000/- for purchasing property situated at

No.26, Bharveli Near Barkhedi Railway Phatak, Bhopal.

The acts prejudicial to the interest of Bank amounted

gross-misconduct. The charges against workman were

proved from evidence of Enquiry Officer. Punishment of

dismissal was imposed. Appellant preferred appeal before

Competent Authority. It is reiterated that enquiry was

conducted properly. Workman was given opportunity for

his defence. Workman was also given opportunity to

produce evidence in rebuttal. It is reiterated that the

punishment is imposed for proved misconduct. The

evidence of handwriting expert establish the forged

signature of Shri Bagde, so called borrower. The proved

misconduct of workman is of serious nature. Punishment

of dismissal is proper and legal. As the punishment is

imposed after conducting enquiry, there is no question of

fundamental rights of workman under Article 19.1(g), 21 of

the Constitution. The punishment is not arbitrary or illegal.

2nd party prays that award be answered in its favour.

4. As per order dated 27-6-14, enquiry conducted

against workman is found proper and legal. Considering

pleadings on record, the points which arise for my

consideration and determination are as under. My findings

are recorded against each of them for the reasons as

below:-

"(i) Whether the charges alleged

In Affirmative

against workman is proved

from evidence in Enquiry

proceedings?

(ii) Whether the punishment of

In Affirmative

dismissal imposed against

workman is proper and legal?

(ii) If not, what relief the

Workman is not

workman is entitled to?”

entitled to any relief.

REASONS

5. In view of my finding on preliminary issue,

enquiry conducted against workman is found legal and

proper, question arise whether charges alleged against

workman are proved from evidence in enquiry needs to be

discussed from evidence in Enquiry Proceedings. The

documents of enquiry are produced collectively marked

as Exhibit M-1. The CBI Officer Shri H.N.Tripathi

Investigating in crime was examined as witness of

management. The statement before Enquiry Officer shows

that Ghansham had complained against workman about

raising loan of Rs.80,000 without his knowledge. That he

observed that loan of total Rs.66,500 was granted in name

of Ghansham for purchase of Cannon 271 Copier machine.

The statement of MW-5 Tripathi further shows that

Cannon machine was proposed to be purchased by so

called Borrower Ghansham from Sunil Kumar Sharma. The

payment was made through Sunil Kumar Sharma. That

Mr. Sharma had confirmed that he received payment of

Rs.62,000, personally delivered to him by Shri Ghoke

(workman). The amount of pay slip was later on taken by

workman. He has not sold any cannon MP 271 machine to

Ghansham. Handwriting Expert Deshpande was examined.

As per his opinion, Exhibit M-38, it is confirmed opinion

about forgery of signature on above two cheques. The

signature was not in handwriting of Shri Ghansham.

Management’s witness Shri A.K.Solanki in his statement

says that he remember having sanctioned loan of second

hand photocopy machine to Ghansham Bgde not visiting

the branch for signing the documents. He did not remember

Ghansham approaching him for said loan. Ghansham

himself is also examined as witness and he denied that he

taken loan from Bank. That his signature on documents of

loan were obtained by workman saying that signatures

were obtained for purpose of securing service in the Bank.

Re-appreciation of evidence is not permitted while

exercising powers of judicial review under Section 11-A of

ID Act. The evidence in Enquiry Proceedings is sufficient

to prove charges alleged against workman. The findings

of Enquiry Officer cannot be said perverse. Therefore I

record my finding in Point No.1 in Affirmative.

6. Point No.2- The charges alleged against workman

pertains to fraud and forgery of documents for sanctioning

loan in name of Ghansham. Amount was misused by

workman, considering serious charges proves against him,

the punishment of dismissal cannot be said excessive. I

therefore record my finding in Point No.2 in Affirmative.

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

(1) The action of the management of Bank of

India in terminating the services of Shri Soma

B.Ghoke and also stoppage of two future

increments with cumulative effect w.e.f.

11-1-94 is proper and legal.

(2) Workman is not entitled to any relief.

R.B. PATLE, Presiding Officer

4432

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

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uohu diwj] voj lfpo

New Delhi, the 6th November, 2015

S.O. 2154.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 9/2013)

of the Central Government Industrial Tribunal/Labour

Court-1, New Delhi now as shown in the Annexure in the

Industrial Dispute between the employers in relation to

the management of M/s Idian Oil Corporation, M/s Beehive

Security & Surveillance and their workman, which was

received by the Central Government on 06/11/2015.

[No. L-30012/74/2012 - IR(M)]

NAVEEN KAPOOR, Under Secy.

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. 9/2013

Shri Pradeep Kumar,

S/o Shri Ram Kumar,

R/o Village and Post Office Matan,

Tehsil Bahadurgarh,

Distt. Jhajjar,

HARYANA-124 510

...Workman

Versus

1.

The Manager,

Indane Gas Terminal,

M/s Indian Oil Corporation Ltd.

Tikri Kalan,

Delhi-110 041

2.

M/s Beehive Security &

Surveillance, Hose No. 43,

Rathi Enclave,

New Roshan Vihar,

Kakraola More, Najafgarh,

Delhi - 110 043

...Management

AWARD

Central Government, vide letter No. L-30012/74/2012-

IR(M) dated 20.12.2012, referred the following industrial

dispute to this Tribunal for adjudication :

“Whether the action of the management of M/s

Beehive Security & Surveillance in terminating the

employment of Shri Pradeep Kumar, S/o Shri Ram

Kumar from IOC Depot, Tikri Kalan, Delhi with effect

from 14.04.2012, is legal and justified? What relief

the workman is entitled to?’’

2. Claim statement was filed by the workman and

written statements were filed by both the managements.

On perusal of pleadings, it was observed by my learned

predecessor, on 25.09.2013, that no other issue, than those

referred by the appropriate Government for adjudication

was made out. Thereafter, the case was listed for evidence

of the parties, with directions to the claimant to conclude

first. However, despite affording 16 opportunities to the

workman, neither the workman nor any authorized

representative on his behalf appeared before the Tribunal

so as to pursue his case. Thus, it is clear that the workman

is not interested in adjudication of the reference on merits.

3. Since the workman has neither put in his

appearance nor has he led any evidence so as to prove his

cause against the management, as such, this Tribunal is

left with no choice, except to pass a ‘No Dispute/Claim’

award. Let this award be sent to the appropriate

Government, as required under Section 17 of the Industrial

Disputes Act, 1947, for publication.

Dated : November 2, 2015

A. C. DOGRA, Presiding Officer

ubZ fnYyh] 6 uoEcj] 2015

dk-vk- 2155-—vkSn~;ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj esllZ bafM;u

vkW;y dkiksZjsS'ku fyfeVsM ds izca/kra= ds lac) fu;kstdksa vkSj muds

deZdkjksa ds chp vuqca/k esa fu£n"V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k ,oa Je U;k;ky;&1] paMhx<+ ds iapkV

¼lanHkZ la[;k 73@2012½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks

05@11@2015 dks izkIr gqvk FkkA

[la- ,y&30011@53@2012&vkbZ vkj ¼,e½]

uohu diwj] voj lfpo

New Delhi, the 6th November, 2015

S.O. 2155.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 73/2012)

of the Central Government Industrial Tribunal/Labour

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4433

Court-1, Chandigarh now as shown in the Annexure in the

Industrial Dispute between the employers in relation to

the management of M/s Indian Oil Corporation Ltd. and

their workman, which was received by the Central

Government on 05/11/2015.

[No. L-30011/53/2012 - IR(M)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

BEFORE SHRI SURENDRA PRAKASH SINGH,

PRESIDING OFFICER, CENTRAL GOVT.

INDUSTRIAL TRIBUNAL- CUM-LABOUR COURT-I,

CHANDIGARH

Case No. ID No.73 of 2012, Reference No. L-30011/53/2012/

IR(M) dated 11.1.2013

The General Secretary, Indian Oil Panipat Refinery

Employees Union, Panipat Refinery, Panipat.

...Union

Versus

The Chief Human Resource Manager,IOCL, Panipat

Refinery, Panipat-132140.

...Respondent

Appearances :

For the Workman

:

Shri Hari Pal Singh.

For the Management

:

Shri P. Murlidharan.

AWARD

Passed on: - 02.11.2015

Government of India Ministry of Labour vide

notification No. L-30011/53/2012/IR(M) dated 11.1.2013

has referred the following dispute to this Tribunal for

adjudication:

“Whether clause 5 of the Settlement dated 8.12.2010

entered on between the management of IOCL,

Refineries Division, Panipat Refinery and Indian Oil

Panipat Refinery Employees Union under Section

12(3) of I.D.Act, 1947 could be set aside being

violative of different sections of Factories Act, 1948

and Industrial Employment ( Standing Orders) Act,

1948? If yes, then relief to which Union is entitled?”

2. On receipt of the reference, notices were issued

to the parties. The Union appeared and filed claim statement

pleading therein that the a memorandum of settlement

Under Section 18(i) and 2(P) of Industrial Disputes Act

1947 has been signed on 29.7.2010 between the

representatives of Employer and the Union and clause 5

states that in the event of compensatory off accrues to a

workman, the same shall be encashed which is totally

against the law as it violates the provisions of Section 53

of Factories Act, 1948. It is pleaded that U/S 53 of the

Factories Act, 1948, it is provided that the employee shall

be allowed to take rest within two months from the date

on which the compensatory off generated and it may not

be encashed. In view of the above, the Union prayed that

the compensatory off may be given within two months

from the date of generation instead of encashment of the

same and the relevant provision of Memorandum of

Settlement dated 29.7.2010 may be set aside being in

violation of the provisions of Section 53 of the Factories

Act, 1948.

3. The management filed written statement.

Preliminary objection has been taken that Union is stopped

in law to challenge the Memorandum of Settlement dated

8.12.2010 which was arrived at in course of tripartite

conciliation proceedings between the claimant union and

the management which is statutory in nature and binding

upon the parties to the settlement. It would also bind even

those workmen who may join in future as long as the

settlement is in operation and contents of the settlement

cannot be altered/varied/modified without the express

consent of all the parties to the settlement. Therefore the

Union has no claim. Moreover the other units of refineries

division (Including Headquarters), Pipelines division,

Research and Development Centre and Assam Oil Division

etc. of the Corporation as also other different recognised

workers unions who are parties and signatories to the

settlement dated 29.7.2010 have not been joined as parties

in the case. And any adjudication/order which may be

passed by this Court in respect of the parties to the

settlements would seriously prejudice their rights which

would be unjustified in the absence of affording

opportunity of hearing to them. It is further submitted that

on earlier occasion one of the recognised union raised a

dispute on the similar issue against the management of

Barauni Refinery before R.L.C( C ) Patna and the matter

was referred to the Ministry of Labour and the Ministry

of labour does not consider the dispute fit for adjudication

holding that the management has not violated any rule

and adopted any unfair labour practice. The management

prayed that the above dispute is misconceived, ill advised,

unwarranted and untenable and deserves to be rejected.

On merits it is pleaded that settlement was arrived at

between the parties on 8.12.2010 wherein it was agreed to

pay special computer allowance @8%, 9% and 10% of the

Basic Pay to the workmen in cluster A, B and C respectively

w.e.f. 1.1.2007 and it was agreed between the parties to the

settlement that compensatory off normally would not

accrue to workmen, however, in the event of compensatory

off accrues to a workman, the same shall be encashed.

The settlement is binding on the parties to the settlement

having statutory force. It is further submitted that in

consonance with the relevant provisions of the Factories

4434

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

Act, 1948 as well as the above settlement, it was also

clarified to all concerned that if a workman works on his

weekly off day, he has or will have a holiday for a whole

day on one of three days immediately before or after the

said day. It is further submitted by the management that

workers performing the work on respective weekly holidays

are allowed to avail substitute holiday for a whole day on

one of three days immediately before or after the said day

and as such none is deprived off any weekly holiday for

which provisions is made under Sub Section of Section 52

of the Factories Act, 1948. In view of the above the

management prayed that the claim of the union may be

rejected and the reference may be answered in negative in

favour of the management.

4. Both the parties prefer not to lead any oral

evidence. The management filed written argument. The

representative of the Union oraly addresses the arguments.

5. I have gone through the entire record of the case

and also gone through the written arguments of the

management and documents filed by the parties on record.

6. Clause 5 of the settlement dated 8.12.2010

provides as under:

“With a view to improve productivity, efficiency and

profitability of the Corporation in the current

competitive business scenario management and

Union agree that compensatory off (CO) normally

would not accrue to workmen however in the event

a compensatory off accrues to a workman, the same

shall be encashed. The Union and the management

further reaffirm to eliminate unproductive work

practices that have been agreed upon as per

enclosed annexure-A.”

7. In this context, it is relevant to mention the

provisions of Section 53 of the Factories Act, 1948 which

provides as under:

“53. Compensatory holidays-(1) Where, as a result

of the passing of an order or the making of a rule

under the provisions of this Act exempting a factory

or the workers therein from the provisions of Section

52, a worker is deprived of any of the weekly holidays

for which provision is made in sub-section (1) of

that section, he shall be allowed, within the month

in which the holidays were due to him or within the

two months immediately following that month,

compensatory holidays of equal number to the

holidays so lost.”

8. The management in para 4 of the written statement

pleaded that on earlier occasion, one of the recognised

workers unions i.e. Shramik Vikas Parishad, Barauni

Refinery raised a dispute on the similar issue against the

management of Barauni Refinery before the Regional

Labour Commissioner( Central) Patna. On failure of the

conciliation proceedings the matter was referred to the

Govt.of India, Ministry of Labour. The Ministry of Labour

vide letter dated 30.9.2011, opined that prima facie the

Ministry does not consider the dispute fit for adjudication

for the reasons that “the management has not violated

any rule and adopted any unfair labour practice”. Thus

the management pleaded that as the matter has been

declined by the Ministry of Labour, hence present claim

statement of the Union is not tenable.

9. The worker Union opposed this contention of

the management on the ground that Ministry of Labour

itself has vide notification No. L-30011/53/2012/IR(M)

dated 11.1.2013 referred the following dispute to this

Tribunal for adjudication:

“Whether clause 5 of the Settlement dated 8.12.2010

entered on between the management of IOCL,

Refineries Division, Panipat Refinery and Indian Oil

Panipat Refinery Employees Union under Section

12(3) of I.D.Act, 1947 could be set aside being

violative of different sections of Factories Act, 1948

and Industrial Employment (Standing Orders) Act,

1948? If yes, then relief to which Union is entitled?”

10. Besides this on earlier occasion the denial by

the Ministry of Labour for referring the dispute of the

Barauni refinery has no effect in the present reference and

the stand of the management is not well founded because

the Ministry of Labour has itself referred the above referred

dispute to this Tribunal for adjudication.

11. The management further submitted that the

settlement dated 8.12.2010 has been arrived at along with

other unions and the present worker union i.e. Indian Oil

Panipat Refinery Employees Union, Panipat Refinery,

Panipat alone is not competent to raise the dispute

regarding any clause of the settlement as other parties to

the settlement are also the necessary parties to the dispute.

Workman union opposed this contention of the

management on the ground that as the clause 5 of the

Settlement dated 8.12.2010 is violative of the Section 53 of

the Factories Act, 1948 and any party to the settlement

can raise the dispute.

12. It is settled law that if any clause of the

settlement/agreement is violation of the specific

provisions of the law or if that clause is permitted to operate,

it will nullify the specific provisions of law. In this regard it

would be relevant to mention Section 23 of the Indian

Contract Act, 1872 which provides as under:

“23.What consideration and objects are lawful and

what not- The consideration or object of an

agreement is lawful, unless-

It is forbidden by law, or

Is of such a nature that, if permitted, it would defeat

the provisions of any law; or is fraudulent; or

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4435

Involves or implies, injury to the person or property

of another; or the Court regards it as immoral, or

opposed to public policy.

In each of these cases, the consideration or object

of an agreement is said to be unlawful. Every

agreement of which the object or consideration is

unlawful is void.”

13. Considering the entire facts and circumstances

of the case, if clause 5 of the settlement dated 8.12.2010 is

allowed to be permitted, it violate the specific provisions

of Section 53 of the Factories Act 1948 and its

consequences have been described in Section 23 of the

Indian Contract Act 1872. Hence clause 5 of the settlement

is violative of the provisions of the Factories Act.

14. In view of the discussion made above, the

claimant Union and the management are directed to

reconsider the clause 5 of the Settlement dated 8.12.2010

within two months from the date of the publication of the

award.

15. Reference is disposed off accordingly. Central

Govt. be informed.

Chandigarh.

02.11.2015 S.P. SINGH, Presiding Officer

ubZ fnYyh] 6 uoEcj] 2015

dk-vk- 2156-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj esllZ bafM;u

vkW;y dkiksZjs'ku fyfeVsM ds izca/kra= ds laca) fu;kstdksa vkSj muds

deZdkjksa ds chp vuqca/k esa fu£n"V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k ,oa Je U;k;ky;&1] paMhx<+ ds iapkV

¼lanHkZ la[;k 92@2012½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks

05@11@2015 dks izkIr gqvk FkkA

[la- ,y&30011@71@2012&vkbZvkj ¼,e½]

uohu diwj] voj lfpo

New Delhi, the 6th November, 2015

S.O. 2156.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 92/2012)

of the Central Government Industrial Tribunal/Labour

Court-1, Chandigarh now as shown in the Annexure in the

Industrial Dispute between the employers in relation to

the management of M/s Indian Oil Corporation Ltd. and

their workman, which was received by the Central

Government on 05/11/2015.

[No. L-30011/71/2012 - IR(M)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

BEFORE SHRI SURENDRA PRAKASH SINGH,

PRESIDING OFFICER, CENTRAL GOVT.

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-I,

CHANDIGARH

Case No. ID No.92 of 2012, Reference No. L-30011/71/2012/

IR(M) dated 01.02.2013

The General Secretary, Indian Oil Panipat Refinery

Employees Union, Panipat Refinery, Panipat.

...Union

Versus

The Chief Human Resource Manager,IOCL, Panipat

Refinery, Panipat-132140.

...Respondent

Appearances :

For the Workman

: Shri Hari Pal Singh.

For the Management

: Shri P.Murlidharan.

AWARD

Passed on:- 03.11.2015

Government of India Ministry of Labour vide

notification No. L-30011/71/2012/IR(M) dated 01.02.2013

has referred the following dispute to this Tribunal for

adjudication:

“Whether the demand of Union for payment of

Officiating Allowance for additional work of

operation of control panels apart from their basic

job in the field is legal and justified? What relief the

concerned workmen are entitled to?”

2. On receipt of the reference, notices were issued

to the parties. The Union appeared and filed claim statement

pleading therein that the workmen of IOCL, Panipat

Refinery who are working in panel operation are not getting

officiating benefits in accordance with the rules applicable

to on officers. It is pleaded that an employee officiating in

a post in the scale immediately next above for a period of

not less than 15 days or more at a stretch may be allowed

an officiating pay @ 10% of his basic pay where, however

the period of officiating appointment exceeds three months

pay of such an employee shall be fixed in the grade of the

higher post as per normal rules governing the fixation of

pay on promotion. It is also prayed that in the case of

Grade IV to Grade VIII employees who are working in panel

operation in some location may be paid officiating

allowance as they are performing duties on the higher

post and also assuming duties of responsibilities of greater

importance and carrying the duties of a higher grade that

his own as they are shouldering higher responsibilities of

4436

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

an officer and not the job of a non-officer working in grade

IV to Grade VIII.

3. The management filed written statement.

Preliminary objection has been taken that Union is stopped

in law to raise the present dispute against the management

in as much as the payment of officiating allowance in the

corporation is made to only that employee who has been

officiating in a post when he/she is required to perform

the duties of a post to which another employee holds a

lien through a specific order issued by the competent

authority which is further governed by the provisions of

personnel manual (Indian Oil Corporation Ltd.) and the

Memorandum of Settlement arrived at between the

management of the Corporation and their workmen

represented by the recognised Union before the Regional

Labour Commissioner (Central, Chandigarh U/S 12(3) of

the I.D.Act 1947 on 6.7.1999 and this settlement is

continuing and the latest settlement has been signed on

8.12.2010 before the RLC ( Central), Chandigarh. It is further

pleaded that in view of this settlement the workmen of the

union are not at all entitled to the payment of officiating

allowance in the corporation in as much as they were never

required to officiate on any post by issuing any orders by

the competent authority and the demand of the union is

unfair, unwarranted, unjustified and untenable and the

reference deserved to be rejected. It is further pleaded

that union is also guilty of mis-representation and

concealment of managerial facts and deserves no relief.

4. On merits it is pleaded that panel operation is

being done by the officers only who are required to monitor,

maintain, control and taking corrective action with regard

to maintaining various parameters viz. Pressure,

temperature, level and flows in their respective plants.

The panel officers are also required to supervise the

working of Engineering Assistants who are deployed in

the field in the workmen category for operation of their

respective plants whereas the console is only for viewing

display and no equipment is required to be operated from

the console necessarily, and installation of consoles

significantly reduces the manual efforts required to be put

in by the engineering assistants. It is further pleaded that

console exists in the Engineering Assistant’s room in raw

water plant for alarm/ annunciation of the field parameters

and after getting the alarm, action is taken by the shift

engineering assistant and in this way console helps the

shift engineering assistant to quickly identity the defective

parameter while sitting in his room rather than going in the

field. The management tried to provide modern instruments/

gadgets/operating consoles/PLCs by incurring huge to

help the operating person. It is prayed by the management

that there is no merit in the demand of the Union and the

reference deserved to be rejected.

5. Replication also filed by the Union reiterating

the claim made in the claim statement.

6. Both the parties prefer not to lead any oral

evidence. The management filed written argument. The

representative of the Union orally addresses the arguments.

7. I have gone through the entire record of the case

and also gone through the written argument of the

management and documents filed by the parties on record.

8. During argument it is submitted by the

representative of the Union that the workmen are working

on the panel operation which is the work of the officers

but are not paid officiating allowance. That such workmen

who are working on panel operation are entitled for

officiating allowance as they are performing the duties on

higher post and also assuming higher responsibilities and

carrying the duties of a higher grade then their own.

9. On the other hand the stand of the management

is that payment of officiating allowance in the corporation

is made to only that employee who has been officiating in

a post when he/she is required to perform the duties of a

post to which another employee holds a lien through a

specific order issued by the competent authority which is

further governed by the provisions of personnel manual

(Indian Oil Corporation Ltd.) and the Memorandum of

Settlement arrived at between the management of the

Corporation and their workmen represented by the

recognised Union before the Regional Labour

Commissioner (Central, Chandigarh U/S 12(3) of the I.D.Act

1947 on 6.7.1999 and this settlement is continuing and the

latest settlement has been signed on 8.12.2010 before the

RLC ( Central), Chandigarh. It is further submitted that in

view of this settlement the workmen of the union are not

at all entitled to the payment of officiating allowance in

the corporation in as much as they were never required to

officiate on any post by issuing any orders by the

competent authority. It is further submitted by the

representative of the management that panel operation is

being done by the officers only who are required to monitor,

maintain, control and taking corrective action with regard

to maintaining various parameters viz. Pressure,

temperature, level and flows in their respective plants.

The panel officers are also required to supervise the

working of Engineering Assistants who are deployed in

the field in the workmen category for operation of their

respective plants whereas the console is only for viewing

display and no equipment is required to be operated from

the console necessarily, and installation of consoles

significantly reduces the manual efforts required to be put

in by the engineering assistants. It is further pleaded that

console exists in the Engineering Assistant’s room in raw

water plant for alarm/ annunciation of the field parameters

and after getting the alarm, action is taken by the shift

engineering assistant and in this way console helps the

shift engineering assistant to quickly identity the defective

parameter while sitting in his room rather than going in the

field. The management tried to provide modern instruments/

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 7] 2015@dk£rd 16] 1937

4437

gadgets/operating consoles/PLCs by incurring huge to

help the operating person. It is prayed by the management

that there is no merit in the demand of the Union and the

reference deserved to be rejected.

10. Chapter 5 deals with officiating appointments,

according to which written order of a competent authority

is required to perform the duties of a post to which another

employees holds a lien and an employee may be allowed

to draw benefits for officiating against a post involving

the assumption of duties or responsibilities of greater

importance and carrying a higher grade than his own.

Section 5.1.2. deals with conditions for officiating

appointments which provides that an officiating

appointment may be made in leave vacancy or due to the

incumbent on long training or because of the officer being

given a special assignment for a temporary period.

11. From the above it is clear that a written order of

the competent authority are required to be issued if any

workman is given officiating position. The officer are

required to monitor, maintain, control and taking corrective

actions with regard to maintaining various parameters viz.

Pressure, temperature, level and flows and also to

supervise the working of engineering assistants who are

deployed in the field and console is only for viewing

display and no equipment is required to be operated upon

from the console which significantly reduce the manual

efforts to be put in by the workman staff i.e. engineering

assistants.

12. From the above discussion it is clear that there

exist no such order passed by the competent authority to

order for officiating to any workman as per the Chapter 5

which deals with officiating appointment. Merely watching

the display on console cannot be said to be put on

officiating duty to any workman by the management.

13. In view of the above, no case is made out for any

relief to the Union and the demand of Union for payment

of Officiating Allowance for additional work of operation

of control panels apart from their basic job in the field is

neither legal nor justified and the concerned workmen are

not entitled for any relief.

14. Reference is disposed off accordingly. Central

Govt. be informed.

Chandigarh.

03.11.2015 S. P. SINGH, Presiding Officer

ubZ fnYyh] 6 uoEcj] 2015

dk-vk- 2157-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj esllZ ,lhlh

fyfeVsM xkxy lhesaV oDlZ ds izca/kra= ds laca) fu;kstdksa vkSj muds

deZdkjksa ds chp vuqca/k esa fu£n"V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k ,oa Je U;k;ky;&1] paMhx<+ ds iapkV

¼lanHkZ la[;k 11@2015½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks

05@11@2015 dks izkIr gqvk FkkA

[la- ,y&29011@8@2015&vkbZ vkj ¼,e½]

uohu diwj] voj lfpo

New Delhi, the 6th November, 2015

S.O. 2157.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 11/2015)

of the Central Government Industrial Tribunal/Labour

Court-1, Chandigarh now as shown in the Annexure in the

Industrial Dispute between the employers in relation to

the management of M/s ACC Ltd. Gagal Cement Works

and their workman, which was received by the Central

Government on 05/11/2015.

[No. L-29011/8/2015-IR (M)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

BEFORE SHRI SURENDRA PRAKASH SINGH,

PRESIDING OFFICER, CENTRAL GOVT.

INDUSTRIAL TRIBUNAL- CUM-LABOUR COURT-I,

CHANDIGARH

Case No. ID No 11of 2015, Reference no. L-29011/8/2015/

IR(M) dated 13.07.2015

The President, ACC Gagal Cement Karamchari Sangh

(INTUC), PO Barmana, District Bilaspur (HP).

...Workman

Versus

1. The Managing Director, ACC Ltd. Gagal Cement Works,

Regd. Office, Cement House 121, Maharishi Karve Road,

Mumbai-400020.

2. The Plant Director, ACC Gagal Cement Karamchari Sangh

( INTUC), PO Barmana, District Bilaspur (HP).

...Respondents.

Appearances:

For the Workman : Shri Chain Singh Thakur, President

of the Union alongwith others.

For the Management

: Shri R.K.Thakur, General

Manager

alogwith

Shri S.M.S. Liberhan, Advocate.

4438

THE GAZETTE OF INDIA : NOVEMBER 7, 2015/KARTIKA 16, 1937

[PART II—SEC. 3(ii)]

AWARD

Passed on: - 03.11.2015

Government of India Ministry of Labour vide

notification No. L-29011/8/2015/IR(M) dated 13.07.2015

has referred the following dispute to this Tribunal for

adjudication:

“Whether the action of the management of ACC

Limited Gagal Cement Works in stopping the

additional gratuity for the workers who participated

in National Strike on 28.2.12 is just, legal and valid?

If not, to what relief the concerned workers of Union

who participated in the National strike could be

given?”

2. Case taken up in lok adalat fixed for today. On

behalf of the Union Shri Chain Singh Thakur President,

Shri Ramesh Kumar, General Secretary, Shri Kansi Ram

Vice Present and Shri Ravi Kumar Joint Secretary are

present. On behalf of the management shri R.K.Thakur,

General Manager alongwith Shri S.M.S.Librahan advocate

are present.

3. After persuasion and negotiation which took

place in lok adalat, both the parties agreed to terms and

workmen union agreed to withdraw the present reference.

They recorded their statement on the margins of the orders

sheet. The management also recorded no objection. In

view of the statement of the parties, the present reference

is returned to the Central Govt. as withdrawn.

4. Reference is disposed off accordingly. Central

Govt. be informed.

Chandigarh

03.11.2015 S. P. SINGH, Presiding Officer

ubZ fnYyh] 6 uoEcj] 2015

dk-vk- 2158-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj esllZ bafM;u

vkW;y dkiksZjs'ku fyfeVsM rFkk esllZ fcfgo flD;wfjfV ,.M lfoZysal

ds izca/kra= ds laca) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k

esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k

,oa Je U;k;ky;&1] ubZ fnYyh ds iapkV ¼lanHkZ la[;k 4@2013½ dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 06@11@2015 dks izkIr gqvk FkkA

[la- ,y&30012@69@2012&vkbZvkj ¼,e½]

uohu diwj] voj lfpo

New Delhi, the 6th November, 2015

S.O. 2158.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 4/2013)

of the Central Government Industrial Tribunal/Labour

Court-1, New Delhi now as shown in the Annexure in the

Industrial Dispute between the employers in relation to

the management of M/s Indian Oil Corporation, M/s

Beehive Security & Surveillance and their workman, which

was received by the Central Government on 06/11/2015.

[No. L-30012/69/2012 - IR(M)]

NAVEEN KAPOOR, Under Secy.

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.4/2013

Shri Ram Karan Singh,

S/o Shri Nihal Singh,

R/o Gali No.3, Adarsh Nagar,

Jhajjar Road,

Tehsil Bahadurgarh,

HARYANA

…..Workman

Versus

1.

The Manager,

Indane Gas Terminal,

M/s Indian Oil Corporation Ltd.

Tikri Kalan,

Delhi – 110 041

2.

M/s Beehive Security & Surveillance,

House No.43, Rathi Enclave,

New Roshan Vihar,

Kakraola More, Najafgarh,

Delhi – 110 043

…Management

AWARD

Central Government, vide letter No.L-30012/69/

2012-IR(M) dated 20.12.2012, referred the following

industrial dispute to this Tribunal for adjudication:

“Whether the action of the management of M/s

Beehive Security & Surveillance in terminating the

employment of Shri Ram Karan Singh, S/o Shri Nihal

Singh from IOC Depot, Tikri Kalan, Delhi with effect

from 22.03.2012, is legal and justified? What relief

the workman is entitled to?

2. Claim statement was filed by the workman and

written statements were filed by both the managements.

On perusal of pleadings, it was observed by my learned

predecessor, on 25.09.2013, that no other issue, than those

referred by the appropriate Government for adjudication

was made out. Thereafter, the case was listed for evidence

of the parties, with directions to the claimant to conclude

first. However, despite affording 16 opportunities to the

workman, neither the workman nor any authorized

representative on his behalf appeared before the Tribunal

so as to pursue his case. Thus, it is clear that the workman

is not interested in adjudication of the reference on merits.

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3. Since the workman has neither put in his

appearance nor has he led any evidence so as to prove his

cause against the management, as such, this Tribunal is

left with no choice, except to pass a ‘No Dispute/Claim’

award. Let this award be sent to the appropriate

Government, as required under Section 17 of the Industrial

Disputes Act, 1947, for publication.

Dated : November 2, 2015

A. C. DOGRA, Presiding Officer

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New Delhi, the 6th November, 2015

S.O. 2159.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 3/2013)

of the Central Government Industrial Tribunal/Labour

Court-1, New Delhi now as shown in the Annexure in the

Industrial Dispute between the employers in relation to

the management of M/s Indian Oil Corporation, M/s

Beehive Security & Surveillance and their workman, which

was received by the Central Government on 06/11/2015.

[No. - L-30012/68/2012 - IR(M)]

NAVEEN KAPOOR, Under Secy.

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. 3/2013

Shri Rajvir Singh,

S/o Shri Uday Singh,

R/o Village and Post Office Kanaunda,

Tehsil Bahadurgarh,

Distt. Jhajjar,

HARYANA – 124 501

…Workman

Versus

1.

The Manager,

Indane Gas Terminal,

M/s Indian Oil Corporation Ltd.

Tikri Kalan,

Delhi – 110 041

2.

M/s Beehive Security & Surveillance,

House No.43, Rathi Enclave,

New Roshan Vihar,

Kakraola More, Najafgarh,

Delhi – 110 043

…Management

AWARD

Central Government, vide letter No.L-30012/68/

2012-IR(M) dated 20.12.2012, referred the following

industrial dispute to this Tribunal for adjudication:

“Whether the action of the management of M/s

Beehive Security & Surveillance in terminating the

employment of Shri Rajvir Singh, S/o Shri Uday Singh

from IOC Depot, Tikri Kalan, Delhi with effect from

04.02.2012, is legal and justified? What relief the

workman is entitled to?

2. Claim statement was filed by the workman and

written statements were filed by both the managements.

On perusal of pleadings, it was observed by my learned

predecessor, on 25.09.2013, that no other issue, than those

referred by the appropriate Government for adjudication

was made out. Thereafter, the case was listed for evidence

of the parties, with directions to the claimant to conclude

first. However, despite affording 16 opportunities to the

workman, neither the workman nor any authorized

representative on his behalf appeared before the Tribunal

so as to pursue his case. Thus, it is clear that the workman

is not interested in adjudication of the reference on merits.

3. Since the workman has neither put in his

appearance nor has he led any evidence so as to prove his

cause against the management, as such, this Tribunal is

left with no choice, except to pass a ‘No Dispute/Claim’

award. Let this award be sent to the appropriate

Government, as required under Section 17 of the Industrial

Disputes Act, 1947, for publication.

Dated : November 2, 2015

A.C. DOGRA , Presiding Officer

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.