5211 GI/2015

(4705)

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

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WEEKLY

la- 52]

ubZ fnYyh] fnlEcj 20— fnlEcj 26] 2015] 'kfuokj@vxzgk;.k 29—ikS"k 5] 1937

No. 52]

NEW DELHI, DECEMBER 20—DECEMBER 26, 2015, SATURDAY/ AGRAHAYANA 29—PAUSA 5, 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)

Dk£ed] yksd f'kdk;r rFkk isa'ku ea=kky;

(dk£ed vkSj izf'k{k.k foHkkx)

ubZ fnYyh] 17 fnlEcj] 2015

dk-vk- 2327.—dsUnz ljdkj ,rn~}kjk naM izfØ;k lafgrk] 1973 (1974 dk 2) dh /kjk 24 dh mi&/kjk (8) }kjk iznÙk

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fnYyh fo'ks"k iqfyl LFkkiuk }kjk laLFkkfir vkjlh- 3(,l)@2011@,llh-III@ubZ fnYyh (lkfnd teky eqBHksM+ ekeyk) ,oa

vkjlh- 5(,l)@2011@,llhch@eqEcbZ (b'kjr tgka eqBHksM+ ekeyk) ekeyksa dk vfHk;kstu lapkyu djus rFkk fof/ }kjk laLFkkfir

vihyh; ;k iqujh{k.k U;k;ky;ksa esa mu ekeyksa ls mRiUu izklafxd vU; ekeyksa esa vihy] iqujh{k.k gsrq fo'ks"k yksd vfHk;kstd ds :Ik

esa muds }kjk dk;ZHkkj laHkkyus dh rkjh[k ls rhu o"kks± dh vof/ rd vFkok dkmalsy dks lkSais x, ekeyksa ds fuiVku rd] tks Hkh igys

gks] fu;qDr djrh gS A

¹iQk- la- 225@25@2015&,ohMh&IIº

eks- unhe] voj lfpo

4706

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

(Department of Personnel and Training)

New Delhi, the 17th December, 2015

S.O. 2327.—In exercise of the powers conferred by sub-section (8) of Section 24 of the Code of Criminal

Procedure, 1973 (2 of 1974), the Central Government hereby appoints Shri Ratanlal Chhanalal Kodekar, Advocate as

Special Public Prosecutor for conducting prosecution of cases in RC. 3(S)/2011/SC.III/New Delhi (Sadiq Jamal

Encounter Case) and RC. 5(S)/2011/SCB/Mumbai (Ishrat Jahan Encounter Case) instituted by the Delhi Special Police

Establishment in the Court of Sessions No. 1 and 2 at Ahmedabad (Gujarat), appeals, revisions or other matters arising

out of these cases in appellate or revisional courts establishment by law, for a period of three years from the date of

engagement of disposal of the cases entrusted to the said Counsel, whichever is earlier.

[F. No. 225/25/2015-AVD-II]

Md. NADEEM, Under Secy.

ubZ fnYyh] 17 fnlEcj] 2015

dk-vk- 2328.—dsUnz ljdkj ,rn~}kjk naM izfØ;k lafgrk] 1973 (1974 dk 2) dh /kjk 24 dh mi&/kjk (8) }kjk iznÙk

'kfDr;ksa dk iz;ksx djrs gq,] Jh jruyky Nukyky dksMsdj] vf/oDrk dks vgenkckn (xqtjkr) fLFkr l=k la- 1 ,oa 2 U;k;ky; esa

fnYyh fo'ks"k iqfyl LFkkiuk }kjk laLFkkfir vkjlh- 3(,l)@2011@,llh-III@ubZ fnYyh (lkfnd teky eqBHksM+ ekeyk) ,oa

vkjlh- 5(,l)@2011@,llhch@eqEcbZ (b'kjr tgka eqBHksM+ ekeyk) ekeyksa dk vfHk;kstu lapkyu djus rFkk fof/ }kjk laLFkkfir

vihyh; ;k iqujh{k.k U;k;ky;ksa esa mu ekeyksa ls mRiUu izklafxd vU; ekeyksa esa vihy] iqujh{k.k gsrq fo'ks"k yksd vfHk;kstd ds :i

esa muds }kjk dk;ZHkkj laHkkyus dh rkjh[k ls rhu o"kks± dh vof/ rd vFkok dkmalsy dks lkSais x, ekeyksa ds fuiVku rd] tks Hkh igys

gks] fu;qDr djrh gS A

¹iQk- la- 225@25@2015&,ohMh&IIº

eks- unhe] voj lfpo

New Delhi, the 17th December, 2015

S.O. 2328.—In exercise of the powers conferred by sub-section (8) of Section 24 of the Code of Criminal

Procedure, 1973 (2 of 1974), the Central Government hereby appoints Shri Ratanlal Chhanalal Kodekar, Advocate as

Special Public Prosecutor for conducting prosecution of cases in RC. 3(S)/2011/SC.III/New Delhi (Sadiq Jamal

Encounter Case) and RC. 5(S)/2011/SCB/Mumbai (Ishrat Jahan Encounter Case) instituted by the Delhi Special Police

Establishment in the Court of Sessions No. 1 and 2 at Ahmedabad (Gujarat), appeals, revisions or other matters arising

out of these cases in appellate or revisional courts establishment by law, for a period of three years from the date of

engagement of disposal of the cases entrusted to the said Counsel, whichever is earlier.

[F. No. 225/25/2015-AVD-II]

Md. NADEEM, Under Secy.

मानव संसाधन िवकास मं ालय

मानव संसाधन िवकास मं ालय

मानव संसाधन िवकास मं ालय

मानव संसाधन िवकास मं ालय

(उ च

उ च

उ च

उ चतर िश ा िवभाग

तर िश ा िवभाग

तर िश ा िवभाग

तर िश ा िवभाग)

(राजभाषा यूिनट

राजभाषा यूिनट

राजभाषा यूिनट

राजभाषा यूिनट)

नई द ली, 14 दस बर, 2015

का

का

का

का.आ. 2329

. 2329

. 2329

. 2329.—के ीय सरकार, राजभाषा (संघ के शासकय योजन के िलए योग) िनयम, 1976 के िनयम 10

के उप िनयम 4 के अनुसरण म', मानव संसाधन िवकास मं*ालय (उ, चतर िश/ा िवभाग और 1 कूल िश/ा एवं सा/रता

िवभाग) के अंतग3त िन निलिखत काया3लय को, ऐसे काया3लय के 5प म', िजनके 80 ितशत से अिधक कम3चारी-वृ द ने

िह दी का काय3साधक 9ान ा: त कर िलया है, अिधसूिचत करती है:-

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4707

1.

भारतीय उ, च अ; ययन सं1 थान,

रा= >पित िनवास,

िशमला-171005

2.

नवोदय िव?ालय सिमित के अंतग3त आने वाले िन निलिखत 78 िव?ालय

1.

जवाहर नवोदय िव ालय औरैया, उर देश-206244

2.

जवाहर नवोदय िव ालय बाराबंक, उर देश-225126

3.

जवाहर नवोदय िव ालय बती, उर देश-272151

4.

जवाहर नवोदय िव ालय चंदौली, उर देश-232107

5.

जवाहर नवोदय िव ालय फतेहपुर, उर देश-212635

6.

जवाहर नवोदय िव ालय हमीरपुर, उर देश-210431

7.

जवाहर नवोदय िव ालय कौज, उर देश-209733

8.

जवाहर नवोदय िव ालय कौशा बी, उर देश-212207

9.

जवाहर नवोदय िव ालय मुरादाबाद, उर देश-244601

10.

जवाहर नवोदय िव ालय रायबरेली, उर देश-229306

11.

जवाहर नवोदय िव ालय शाहजहापुर, उर देश-242306

12.

जवाहर नवोदय िव ालय !ावती, उर देश-271831

13.

जवाहर नवोदय िव ालय सोनभ$, उर देश-231216

14.

जवाहर नवोदय िव ालय देहरादून, उराखंड-248197

15.

जवाहर नवोदय िव ालय नैनीताल, उराखंड-263135

16.

जवाहर नवोदय िव ालय पौड़ी, उराखंड-246193

17.

जवाहर नवोदय िव ालय िपथोरागढ़, उराखंड-262530

18.

जवाहर नवोदय िव ालय *$याग, उराखंड-246439

19.

जवाहर नवोदय िव ालय अरवाल, िबहार-804401

20.

जवाहर नवोदय िव ालय ब,सर, िबहार-802129

21.

जवाहर नवोदय िव ालय पूव- चंपारण, िबहार-845429

22.

जवाहर नवोदय िव ालय गया, िबहार-805236

23.

जवाहर नवोदय िव ालय खग0रया, िबहार-851201

24.

जवाहर नवोदय िव ालय लखीसराय, िबहार-811202

25.

जवाहर नवोदय िव ालय मधेपुरा, िबहार-852126

26.

जवाहर नवोदय िव ालय नवादा, िबहार-805124

27.

जवाहर नवोदय िव ालय रोहतास, िबहार-821305

28.

जवाहर नवोदय िव ालय िसवान, िबहार-841226

29.

जवाहर नवोदय िव ालय िशवहर, िबहार-843329

4708

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

30.

जवाहर नवोदय िव ालय वैशाली, िबहार-844126

31.

जवाहर नवोदय िव ालय देवघर, झारखंड-814142

32.

जवाहर नवोदय िव ालय धनबाद, झारखंड-828207

33.

जवाहर नवोदय िव ालय दुमका, झारखंड-814145

34.

जवाहर नवोदय िव ालय गो3ा, झारखंड-814165

35.

जवाहर नवोदय िव ालय कोडरमा, झारखंड-825410

36.

जवाहर नवोदय िव ालय पाकुर- I, झारखंड-816107

37.

जवाहर नवोदय िव ालय पूव4 5सहभूम, झारख7ड-832101

38.

जवाहर नवोदय िव ालय हजारीबाग, झारखंड-825402

39.

जवाहर नवोदय िव ालय जामताड़ा, झारखंड-815351

40.

जवाहर नवोदय िव ालय पाकुर – II, झारख7ड- 816107

41.

जवाहर नवोदय िव ालय पलामू- II, झारखंड-822101

42.

जवाहर नवोदय िव ालय पलामू- II, झारख7ड-822101

43.

जवाहर नवोदय िव ालय सरायकेला, झारखंड-831002

44.

जवाहर नवोदय िव ालय िसमडेगा, झारखंड-835235

45.

जवाहर नवोदय िव ालय पि8म 5सहभूम, झारखंड-833201

46.

जवाहर नवोदय िव ालय बांकुड़ा, पि8म बंगाल-722,146

47.

जवाहर नवोदय िव ालय मु9शदाबाद, पि8म बंगाल-742101

48.

जवाहर नवोदय िव ालय दा9ज5लग, पि8म बंगाल-734214

49.

जवाहर नवोदय िव ालय पु*िलया, पि8म बंगाल-723147

50.

जवाहर नवोदय िव ालय अमरेली, गुजरात-365610

51.

जवाहर नवोदय िव ालय भ;च, गुजरात-393110

52.

जवाहर नवोदय िव ालय आनंद, गुजरात-338530

53.

जवाहर नवोदय िव ालय नम4दा, गुजरात-393151

54.

जवाहर नवोदय िव ालय डांग, गुजरात-394720

55.

जवाहर नवोदय िव ालय गांधीनगर, गुजरात-382315

56.

जवाहर नवोदय िव ालय नवसारी, गुजरात-396580

57.

जवाहर नवोदय िव ालय अकोला, महारा=-444104

58.

जवाहर नवोदय िव ालय औरंगाबाद, महारा=-431103

59.

जवाहर नवोदय िव ालय धुले, महारा=-424002

60.

जवाहर नवोदय िव ालय ग?@दया, महारा=-441702

61.

जवाहर नवोदय िव ालय नंदुरबार - 2, महारा=-425415

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4709

62.

जवाहर नवोदय िव ालय रायगढ़, महारा=-402120

63.

जवाहर नवोदय िव ालय मेवात, ह0रयाणा-122107

64.

जवाहर नवोदय िव ालय !ीगंगानगर- II, राजथान- 335804

65.

जवाहर नवोदय िव ालय पूव- िसयांग, अ*णाचल देश-791102

66.

जवाहर नवोदय िव ालय पापुमपारे, अ*णाचल देश-791112

67.

जवाहर नवोदय िव ालय तवांग, अ*णाचल देश-790104

68.

जवाहर नवोदय िव ालय लोअर सुबानिसरी, अ*णाचल देश-791120

69.

जवाहर नवोदय िव ालय पि8म कामDग, अ*णाचल देश-790001

70.

जवाहर नवोदय िव ालय ब,सा, असम-781372

71.

जवाहर नवोदय िव ालय ब?गईगांव, असम-783380

72.

जवाहर नवोदय िव ालय री भोई, मेघालय-793102

73.

जवाहर नवोदय िव ालय गोमती, िFपुरा-799013

74.

जवाहर नवोदय िव ालय अनूपपुर, मGय देश-484886

75.

जवाहर नवोदय िव ालय हरदा, मGय देश-461444

76.

जवाहर नवोदय िव ालय रायसेन, मGय देश-464665

77.

जवाहर नवोदय िव ालय िसवनी, मGय देश-480990

78.

जवाहर नवोदय िव ालय लHIीप, लHIीप-682559

[सं. 11011-2/2015-रा.भा.ए.]

सुखबीर Dसह संधु, संयुE त सिचव

MINISTRY OF HUMAN RESOURCE DEVELOPMENT

(Department of Higher Education)

(O. L. UNIT)

New Delhi, the 14th December, 2015

S.O. 2329.—In pursuance of sub. rule (4) of rule 10 of the Official Languages (Use for Official Purposes of the

Union) Rules, 1976, the Central Government hereby notifies the following offices under the Ministry of Human

Resource Development, (Department of Higher Education & Department of School Education & Literacy) as office,

whose more than 80% members of the staff have acquired working knowledge of Hindi.

1. Indian Institute of Advanced Study,

Rashtrapati Nivas,

Shimla- 171005

2. The following 78 Schools under NavodayaVidyalaya Samiti

1.

Jawahar Navodaya Vidyalaya Auriya, Uttar Pradesh-206244

2.

Jawahar Navodaya Vidyalaya Barabanki, Uttar Pradesh-225126

3.

Jawahar Navodaya Vidyalaya Basti, Uttar Pradesh-272151

4.

Jawahar Navodaya Vidyalaya Chandauli, Uttar Pradesh-232107

5.

Jawahar Navodaya Vidyalaya Fatehpur, Uttar Pradesh-212635

6.

Jawahar Navodaya Vidyalaya Hamirpur, Uttar Pradesh-210431

4710

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

7.

Jawahar Navodaya Vidyalaya Kannauj, Uttar Pradesh-209733

8.

Jawahar Navodaya Vidyalaya Kaushambi, Uttar Pradesh-212207

9.

Jawahar Navodaya Vidyalaya Moradabad, Uttar Pradesh-244601

10.

Jawahar Navodaya Vidyalaya Raebareli, Uttar Pradesh-229306

11.

Jawahar Navodaya Vidyalaya Shahjahapur, Uttar Pradesh-242306

12.

Jawahar Navodaya Vidyalaya Shrawasti, Uttar Pradesh-271831

13.

Jawahar Navodaya Vidyalaya Sonebhadra, Uttar Pradesh-231216

14.

Jawahar Navodaya Vidyalaya Dehradun, Uttarakhand-248197

15.

Jawahar Navodaya Vidyalaya Nainital, Uttarakhand-263135

16.

Jawahar Navodaya Vidyalaya Pauri, Uttarakhand-246193

17.

Jawahar Navodaya Vidyalaya Pithrogarh, Uttarakhand-262530

18.

Jawahar Navodaya Vidyalaya Rudraprayag, Uttarakhand-246439

19.

Jawahar Navodaya Vidyalaya Arwal, Bihar-804401

20.

Jawahar Navodaya Vidyalaya Buxar, Bihar--802129

21.

Jawahar Navodaya Vidyalaya East Champaran, Bihar-845429

22.

Jawahar Navodaya Vidyalaya Gaya, Bihar-805236

23.

Jawahar Navodaya Vidyalaya Khagaria, Bihar-851201

24.

Jawahar Navodaya Vidyalaya Lakhisarai, Bihar-811202

25.

Jawahar Navodaya Vidyalaya Madhepura, Bihar-852126

26.

Jawahar Navodaya Vidyalaya Nawada, Bihar-805124

27.

Jawahar Navodaya Vidyalaya Rohtas, Bihar-821305

28.

Jawahar Navodaya Vidyalaya Siwan, Bihar-841226

29.

Jawahar Navodaya Vidyalaya Sheohar, Bihar-843329

30.

Jawahar Navodaya Vidyalaya Vaishali, Bihar-844126

31.

Jawahar Navodaya Vidyalaya Deoghar, Jharkhand-814142

32.

Jawahar Navodaya Vidyalaya Dhanbad, Jharkhand-828207

33.

Jawahar Navodaya Vidyalaya Dumka, Jharkhand-814145

34.

Jawahar Navodaya Vidyalaya Godda, Jharkhand-814165

35.

Jawahar Navodaya Vidyalaya Kodarma, Jharkhand-825410

36.

Jawahar Navodaya Vidyalaya Pakur-I, Jharkhand-816107

37.

Jawahar Navodaya Vidyalaya E. Singhbhum, Jharkhand-832101

38.

Jawahar Navodaya Vidyalaya Hazaribagh, Jharkhand-825402

39.

Jawahar Navodaya Vidyalaya Jamtara, Jharkhand-815351

40.

Jawahar Navodaya Vidyalaya Pakur-II, Jharkhand-816107

41.

Jawahar Navodaya Vidyalaya Palamu-I, Jharkhand-822101

42.

Jawahar Navodaya Vidyalaya Palamu-II, Jharkhand-822101

43.

Jawahar Navodaya Vidyalaya Saraikela, Jharkhand-831002

44.

Jawahar Navodaya Vidyalaya Simdega, Jharkhand-835235

45.

Jawahar Navodaya Vidyalaya W. Singhbhum, Jharkhand-833201

46.

Jawahar Navodaya Vidyalaya Bankura, West Bengal-722146

47.

Jawahar Navodaya Vidyalaya D. Dinajpur, West Bengal-733103

48.

Jawahar Navodaya Vidyalaya Darjeeling, West Bengal-734214

49.

Jawahar Navodaya Vidyalaya Purulia, West Bengal-723147

50.

Jawahar Navodaya Vidyalaya Amreli, Gujarat-365610

51.

Jawahar Navodaya Vidyalaya Bharuch, Gujarat-393110

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4711

52.

Jawahar Navodaya Vidyalaya Anand, Gujarat-338530

53.

Jawahar Navodaya Vidyalaya Narmada, Gujarat-393151

54.

Jawahar Navodaya Vidyalaya Dang, Gujarat-394720

55.

Jawahar Navodaya Vidyalaya Gandhinagar, Gujarat-382315

56.

Jawahar Navodaya Vidyalaya Navsari, Gujarat-396580

57.

Jawahar Navodaya Vidyalaya Akola, Maharashtra-444104

58.

Jawahar Navodaya Vidyalaya Aurangabad, Maharashtra-431103

59.

Jawahar Navodaya Vidyalaya Dhule, Maharashtra-424002

60.

Jawahar Navodaya Vidyalaya Gondia, Maharashtra-441702

61.

Jawahar Navodaya Vidyalaya Nandurbar - 2, Maharashtra-425415

62.

Jawahar Navodaya Vidyalaya Raigad, Maharashtra-402120

63.

Jawahar Navodaya Vidyalaya Mewat, Haryana-122107

64.

Jawahar Navodaya Vidyalaya Sriganganagar, Rajasthan- - 335804

65.

Jawahar Navodaya Vidyalaya East Siang, Arunachal Pradesh-791102

66.

Jawahar Navodaya Vidyalaya Papumpare, Arunachal Pradesh-791112

67.

Jawahar Navodaya Vidyalaya Tawang, Arunachal Pradesh-790104

68.

Jawahar Navodaya Vidyalaya Lower Subansiri, Arunachal Pradesh-791120

69.

Jawahar Navodaya Vidyalaya West Kameng, Arunachal Pradesh-790001

70.

Jawahar Navodaya Vidyalaya Baksa, Assam-781372

71.

Jawahar Navodaya Vidyalaya Bongaigaon, Assam-783380

72.

Jawahar Navodaya Vidyalaya Ri Bhoi, Meghalaya-793102

73.

Jawahar Navodaya Vidyalaya Gomati, Tripura-799013

74.

Jawahar Navodaya Vidyalaya Anuppur, Madhya Pradesh-484886

75.

Jawahar Navodaya Vidyalaya Harda, Madhya Pradesh-461444

76.

Jawahar Navodaya Vidyalaya Raisen, Madhya Pradesh-464665

77.

Jawahar Navodaya Vidyalaya Seoni, Madhya Pradesh-480990

78.

Jawahar Navodaya Vidyalaya Lakshadweep, Lakshadweep -682559

[No. 11011-2/2015-O.L.U.]

SUKHBIR SINGH SANDHU, Jt. Secy.

उपभो ता

उपभो ता

उपभो ता

उपभो ता मामले

मामले

मामले

मामले, खा और सावजिनक िवतरण मंालय

खा और सावजिनक िवतरण मंालय

खा और सावजिनक िवतरण मंालय

खा और सावजिनक िवतरण मंालय

(उपभो ता

(उपभो ता

(उपभो ता

(उपभो ता मामले िवभाग)

मामले िवभाग)

मामले िवभाग)

मामले िवभाग)

(भारतीय मानक  यू

भारतीय मानक  यू

भारतीय मानक  यू

भारतीय मानक  यूरो

रोरो

रो)

नई द ली, 13 दस बर, 2015

का

का

का

का.आ. 2330

2330

2330

2330.—भारतीय मानक  यूरो

(माणन)

िविनयम

1988

के िविनयम 6 के उपिविनयम (3) के अनुसरण म भारतीय मानक

 यूरो ,rn~}kjk नीचे अनुसूची म दए गए उ पाद! क" मुहरांकन शु क अिधसूिचत करता है :

4712

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

अनुसूची

अनुसूची

अनुसूची

अनुसूची

[संदभ4: सीएमडी -2/16:4505]

सी. के. महेK वरी, वैLािनक ‘जी’ एवं उपमहािनदेशक (माणन)

MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION

(Department of Consumer Affairs)

(BUREAU OF INDIAN STANDARDS)

New Delhi, the 13th December, 2015

S.O. 2330.—In pursuance of sub-regulation (3) of regulation 6 of the Bureau of Indian Standards (Certification)

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

schedule:

SCHEDULE

[Ref. : CMD-2/16:4505]

C. K. MAHESHWARI, Scientist ‘G’ & DDG (Certification)

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

(LokLF; ,oa ifjokj dY;k.k foHkkx)

ubZ fnYyh] 6 uoEcj] 2015

dk-vk- 2331.—Hkkjrh; vk;q²oKku ifj"kn~ vf/fu;e] 1956 (1956 dk 102) dh /kjk 11 dh mi&/kjk (2) }kjk iznÙk

'kfDr;ksa dk iz;ksx djrs gq,] dsUnz ljdkj lEc¼ fo'ofo|ky; ds ifjorZu ds dkj.k Hkkjrh; v;q£oKku ifj"kn~ ls ijke'kZ djus ds

i'pkr~] ,rn~}kjk mDr vf/fu;e dh izFke vuqlwph esa dqN vkSj fuEufyf[kr la'kks/u djrh gSA

¶,pvkb,pVh fo'ofo|ky;¸ ds mijkar mi;qZDr igyh vuqlwph esa vuqlwph esa ¶Lokeh jkek fgeky;u fo'ofo|ky;]

nsgjknwu¸ tksM+k tk,xk vkSj ¶ekU;rk izkIr fpfdRlk ;ksX;rk¸ (dkWye 2 esa) 'kh"kZd ds rgr vkSj ¶iathdj.k ds fy, la{ksi.k¸

(dkWye 3 esa) 'kh"kZd ds rgr ¶Lokeh jkek fgeky;u fo'ofo|ky;] nsgjknwu¸ ds lkeus fuEufyf[kr dks var²o"V fd;k

tk,xk] vFkkZr~ %&

भारतीय

भारतीय

भारतीय

भारतीय

मानक

मानक

मानक

मानक

सं या

सं या

सं या

सं या

भाग

भाग

भाग

भाग

अनु

अनु

अनु

अनु

भाग

भाग

भाग

भाग

वष

वष

वष

वष

उ पा

उ पा

उ पा

उ पाद

इकाई

इकाई

इकाई

इकाई

यू

यू

यू

यूनतम मुहरांकन

नतम मुहरांकन

नतम मुहरांकन

नतम मुहरांकन

शु क

शु क

शु क

शु क ()

()

()

()

इकाई

इकाई

इकाई

इकाई

दर

दर

दर

दर

 लै

 लै

 लै

 लैब

ब

ब

ब 1

()

 लै

 लै

 लै

 लैब म

ब म

ब म

ब म

इकाईयां

इकाईयां

इकाईयां

इकाईयां

इकाई दर

इकाई दर

इकाई दर

इकाई दर

 लै

 लै

 लै

 लैब

ब

ब

ब 2

()

 लै

 लै

 लै

 लैब म

ब म

ब म

ब म

इकाईयां

इकाईयां

इकाईयां

इकाईयां

इकाई

इकाई

इकाई

इकाई

दर  लै

दर  लै

दर  लै

दर  लैब

ब

ब

ब

3 ()

 लै

 लै

 लै

 लैब म

ब म

ब म

ब म

इकाईयां

इकाईयां

इकाईयां

इकाईयां

चालन

चालन

चालन

चालन

ितिथ

ितिथ

ितिथ

ितिथ

वृहद  त

वृहद  त

वृहद  त

वृहद  तर

एम.

एम.

एम.

एम.

एस.

एस.

एस.

एस.

एम. ई

एम. ई

एम. ई

एम. ई

4505

-

-

2015

सोिडयम

फॉम डीहाईड

सलफो सीलेट-

िविशि (पहला

पुनरीण)

मै. टन

43000

34400

300

1000 तक

200

अगले

5000 के

िलए

100

शेष

20 11 2015

IS

No.

Part

Sec

Year

Product

Units

Minimum Marking Fee

(Rs.)

Unit

Rate

Slab-1

Fee(Rs.)

Units

in

Slab-1

Unit

Rate

Slab-2

Fee(Rs.)

Units in

Slab-2

Unit

Rate

Slab3

Fee(Rs.)

Units in

Slab-3

Effective

Date

Large

Scale

MSME

4505

-

-

2015

Sodium

Formaldehyde

Sulphoxylate

Specification

(First Revision)

1 MT

43000

34400

300

1000

200

Next

5000

100

Remaining

20. 11 2015

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4713

(2)

(3)

cSpyj vkWiQ esfMflu

,e- ch- ch- ,l-

rFkk cSpyj vkWiQ ltZjh

(1 twu] 2014 dks vFkok mlds ckn fgeky;u fpfdRlk foKku laLFkku] nsgjknwu

esa izf'kf{kr fd, tk jgs Nk=kksa ds laca/ esa ¶Lokeh jkek fgeky;u fo'ofo|ky;]

nsgjknwu¸ }kjk LohÑr fd, tkus ij ekU;rk izkIr fpfdRlk vgZrk gksxh A

¹la- ;w- 12012@84@2012&,ebZ&Iº

Mh- oh- ds- jko] voj lfpo

MINISTRY OF HEALTH AND FAMILY WELFARE

(Department of Health and Family Welfare)

New Delhi, the 6th November, 2015

S.O. 2331.—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, namely

:—

In the said First Schedule after “HIHT University” “Swami Rama Himalayan University, “Dehradun” shall be

added and against “Swami Rama Himalayan University Dehradun under the heading ‘Recognized Medical

Qualification’ [in column (2)] and under the heading ‘Abbreviation for Registration’ [in column (3)], the

following shall be inserted, namely :—

(2)

(3)

Bachelor of Medicine and

M.B.B.S.

Bachelor of Surgery

(This shall be a recognized medical qualification

when

granted

by

Swami

Rama

Himalayan

University, Dehradun in respect of students being

trained at Himalayan Institute of Medical Science,

Dehredun on or after 1st June, 2014.

[No. U. 12012/84/2012-ME-I]

D. V. K. RAO, Under Secy.

कौशल िवकास और उमशीलता मं ालय

कौशल िवकास और उमशीलता मं ालय

कौशल िवकास और उमशीलता मं ालय

कौशल िवकास और उमशीलता मं ालय

नई द ली, 11 दस बर, 2015

िवषय:

िवषय:

िवषय:

िवषय:- भारतीय उ?मशीलता सं1 थान (आईआईई), गुवाहाटी, असम के अधीन िविभ न िनकाय म' सरकारी सद1 य क

िनयुिE त।

का

का

का

का.आ. 233

233

233

2332.—आईआईई के संगम 9ापन और िनयमावली के अंतग3त भारत सरकार (काय3 आबंटन िनयमावली)

1961 म' संशोधन कए जाने के बारे म' मंि*-मG डल सिचवालय क अिधसूचना संI या का.आ.1200 (अ) दनांक 2 मई,

2015 के अनुसरण म' िन निलिखत पदािधकारी, तK काल भाव से सं1 थान के शासी पLरषद और काय3काLरणी सिमित के

पदेन पदािधकारी हगे।

शासी परषद

शासी परषद

शासी परषद

शासी परषद

1

4

5

माननीय कौशल िवकास और उ?मशीलता राO य मं*ी (1 वतं*

भार), भारत सरकार

अपर सिचव एवं िवK तीय सलाहकार, कौशल िवकास और

उ?मशीलता मं*ालय, भारत सरकार

संयुE त सिचव, कौशल िवकास और उ?मशीलता मं*ालय, भारत

सरकार

अ; य/

उपा; य/

सद1 य

4714

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

कायकारी सिमित

कायकारी सिमित

कायकारी सिमित

कायकारी सिमित

1

2

3

4

सिचव, कौशल िवकास और उ?मशीलता मं*ालय, भारत सरकार

वLर= ठ सलाहकार, कौशल िवकास और उ?मशीलता मं*ालय, भारत

सरकार

अपर सिचव एवं िवK तीय सलाहकार, कौशल िवकास और

उ?मशीलता मं*ालय, भारत सरकार

संयुE त सिचव, कौशल िवकास और उ?मशीलता मं*ालय, भारत

सरकार

अ; य/

उपा; य/

सद1 य

सद1 य

इसे स/म ािधकारी के अनुमोदन से जारी कया जाता है।

[सं. I. 34020/24/2015-एसडीई]

डॉ० बी० के० रे, उप सिचव

MINISTRY OF SKILL DEVELOPMENT AND ENTREPRENEURSHIP

New Delhi, the 11th December, 2015

Subject: - Appointment of official members to different bodies under the Indian Institute of Entrepreneurship (IIE),

Guwahati, Assam.

S.O. 2332.—In pursuance of the Notification No. S.O.1200 (E) dated 2nd May, 2015 of the Cabinet Secretariat

relating to amendment in the Government of India (Allocation of Business Rules) 1961 and in accordance with the

provisions under the Memorandum of Association and Rules frames there under of IIE, the following functionaries shall

be the ex-officio office bearers of the Governing Council and Executive Committee of the institute with immediate

effect.

GOVERNING COUNCIL

1

Secretary, Ministry of Skill Development and Entrepreneurship,

Government of India.

Chairman

4

Additional Secretary & Financial Advisor, Ministry of Skill

Development and Entrepreneurship, Government of India.

Member

5

Joint

Secretary,

Ministry

of

Skill

Development

and

Entrepreneurship, Government of India.

Member

EXECUTIVE COMMITTEE

1

Secretary, Ministry of Skill Development and Entrepreneurship,

Government of India.

Chairman

2

Senior Advisor,

Ministry of Skill Development and Entrepreneurship, Government

of India.

Vice- Chairman

3

Additional Secretary & Financial Adviser, Ministry of Skill

Development and Entrepreneurship, Government of India.

Member

4

Joint

Secretary,

Ministry

of

Skill

Development

and

Entrepreneurship, Government of India.

Member

This issues with the approval of the Competent Authority.

[No. I. 34020/24/2015-SDE]

Dr. B. K. RAY, Dy. Secy.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4715

नई द ली, 11 दस बर, 2015

िवषय:

िवषय:

िवषय:

िवषय:-

रा ी

रा ी

रा ी

रा ीय

य

य

य उमशीलता और लघु

उमशीलता और लघु

उमशीलता और लघु

उमशीलता और लघु  या

 या

 या

 यापार

पार

पार

पार िवकास

िवकास

िवकास

िवकास सं था

सं था

सं था

सं थान (नी ब

(नी ब

(नी ब

(नी बड)

ड)

ड)

ड), नोएडा के अ

नोएडा के अ

नोएडा के अ

नोएडा के अधीन

धीन

धीन

धीन िविभ% न

िविभ% न

िविभ% न

िविभ% न िनकाय&

िनकाय&

िनकाय&

िनकाय& म'म'म'म' सरकारी

सरकारी

सरकारी

सरकारी

सद य&

सद य&

सद य&

सद य& क( िनयुि) त

क( िनयुि) त

क( िनयुि) त

क( िनयुि) त।

का

का

का

का.आ. 233

233

233

2333.—नी1 बड के संगम 9ापन और िनयमावली के अंतग3त भारत सरकार (काय3 आबंटन िनयमावली)

1961 म' संशोधन कए जाने के बारे म' मंि*-मG डल सिचवालय क अिधसूचना संI या एस.ओ.1200 (ई) दनांक 2 मई,

2015 के अनुसरण म' िन निलिखत पदािधकारी, तK काल भाव से सं1 थान के शासी पLरषद और काय3काLरणी सिमित के

पदेन पदािधकारी हगे।

सोसायटी (सामा% य

सोसायटी (सामा% य

सोसायटी (सामा% य

सोसायटी (सामा% य सभा)

सभा)

सभा)

सभा)

(i)

माननीय कौशल िवकास और उ?मशीलता राO य मं*ी (1 वतं* भार),

भारत सरकार

(ii)

सिचव, कौशल िवकास और उ?मशीलता मं*ालय, भारत सरकार

सभापित

उप-सभापित

शासी परषद

शासी परषद

शासी परषद

शासी परषद

(i)

माननीय कौशल िवकास और उ?मशीलता राO य मं*ी (1 वतं* भार),

भारत सरकार

(ii)

सिचव, कौशल िवकास और उ?मशीलता मं*ालय, भारत सरकार

(iii)

वLर= ठ सलाहकार, कौशल िवकास और उ?मशीलता मं*ालय, भारत

सरकार

(iv) अपर सिचव एवं िवK तीय सलाहकार, कौशल िवकास और

उ?मशीलता मं*ालय, भारत सरकार

(v)

संयुE त सिचव, कौशल िवकास और उ?मशीलता मं*ालय, भारत

सरकार

(vi) संयुE त सिचव, रा= >ीय कौशल िवकास िनगम (एनएसडीसी), भारत

सरकार

अ; य/

उपा; य/

सद1 य

सद1 य

सद1 य

सद1 य

कायकारी सिमित

कायकारी सिमित

कायकारी सिमित

कायकारी सिमित

(i)

सिचव, कौशल िवकास और उ?मशीलता मं*ालय, भारत सरकार

(ii)

वLर= ठ सलाहकार, कौशल िवकास और उ?मशीलता मं*ालय, भारत

सरकार

(iii)

अपर सिचव एवं िवK तीय सलाहकार, कौशल िवकास और

उ?मशीलता मं*ालय, भारत सरकार

(iv)

िश/ण महािनदेशक (डीजीटी), कौशल िवकास और उ?मशीलता

मं*ालय, भारत सरकार

(v)

संयुE त सिचव, कौशल िवकास और उ?मशीलता मं*ालय, भारत

सरकार

अ; य/

उपा; य/

सद1 य

सद1 य

सद1 य

इसे स/म ािधकारी के अनुमोदन से जारी कया जाता है।

[सं. I. 34020/24/2015-एसडीई]

डॉ० बी० के० रे, उप सिचव

4716

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

New Delhi, the 11th December, 2015

Subject:- Appointment of official members to different bodies under the National Institute for Entrepreneurship

and Small Business Development (NIESBUD) Noida.

S.O. 2333.—In pursuance of the Notification No. S.O.1200 (E) dated 2nd May, 2015 of the Cabinet Secretariat

relating to amendment in the Government of India (Allocation of Business Rules) 1961 and in accordance with the

provisions under the Memorandum of Association and Rules frames there under of NIESBUD, the following

functionaries shall be the ex-officio office bearers of the Society, Governing Council and Executive Committee of the

institute with immediate effect.

SOCIETY (GENERAL BODY)

(i)

Hon’ble Minister of State for Skill Development and

Entrepreneurship (Independent Charge) Government of India.

President

(ii)

Secretary, Ministry of Skill Development and Entrepreneurship,

Government of India.

Vice President

GOVERNING COUNCIL

(i)

Hon’ble Minister of State for Skill Development and

Entrepreneurship (Independent Charge) Government of India.

Chairman

(ii)

Secretary, Ministry of Skill Development and Entrepreneurship,

Government of India.

Vice- Chairman

(iii)

Senior Advisor, Ministry of Skill Development and

Entrepreneurship, Government of India.

Member

(iv)

Additional Secretary & Financial Advisor, Ministry of Skill

Development and Entrepreneurship, Government of India.

Member

(v)

Joint Secretary, Ministry of Skill Development and Entrepreneurship,

Government of India.

Member

(vi)

Joint Secretary, National Skill Development Corporation (NSDC),

Government of India.

Member

EXECUTIVE COMMITTEE

(i)

Secretary, Ministry of Skill Development and Entrepreneurship,

Government of India.

Chairman

(ii)

Senior

Advisor,

Ministry

of

Skill

Development

and

Entrepreneurship,Government of India.

Vice- Chairman

(iii)

Additional Secretary & Financial Advisor, Ministry of Skill

Development and Entrepreneurship, Government of India.

Member

(iv)

Director General of Training (DGT), Ministry of Skill Development

and Entrepreneurship, Government of India

Member

(v)

Joint

Secretary,

Ministry

of

Skill

Development

and

Entrepreneurship, Government of India.

Member

This issues with the approval of the Competent Authority

[No. I. 34020/24/2015-SDE]

Dr. B. K. RAY, Dy. Secy.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4717

इ पा

इ पा

इ पा

इ पात मं ालय

मं ालय

मं ालय

मं ालय

नई दली, 18 दस बर, 2015

का

का

का

का.आ. 2334

. 2334

. 2334

. 2334.—राजभाषा संघ के शासकय योजन के िलए योग िनयम, 1976 (यथासंशोिधत, 1987) के

िनयम 10 के उप िनयम (4) के अनुसरण म', के ीय सरकार ,rn~}kjk इ1 पात मं*ालय के शासिनक िनयं*णाधीन

िन निलिखत काया3लय, िजनके 80 ितशत से अिधक कम3चारीवृ द ने िह दी का काय3साधक 9ाना: त कर िलया है, को

अिधसूिचत करती है:—

1. शाखा िबX काया3लय, रा= >ीय इ1 पात िनगम िलिमटेड, 101 अपोलो एवे यू, 30बी, पुराना पलािसया,

पलािसया पुिलस 1 टेशन के पीछे, इ दौर – 452001

2.

2.

2.

2. /े*ीय काया3लय उK तर रा= >ीय इ1 पात िनगम िलिमटेड, चौथी मंिजल, चौथा टावर, एनबीसीसी : लाजा, पु= प

िवहार, सेE टर-5, साकेत, नई द ली- 110017

3.

3.

3.

3. शाखा िबX काया3लय रा= >ीय इ1 पात िनगम िलिमटेड, साई आE ड3, 16/34 भाग3व इ1 टेट,िसिवल लेन,

कानपुर- 208001

4.

4.

4.

4. शाखा िबX काया3लय, रा= >ीय इ1 पात िनगम िलिमटेड, मेघालय टावर, III फलोर, ओ ड स'ट चच3 के पीछे, सी-

300, संसार िवहार, एमआई रोड, जयपुर-302001

5.

5.

5.

5. शाखा िबX काया3लय रा= >ीय इ1 पात िनगम िलिमटेड, 101 [ ेस हाउस, [ ेस जरनल रोड,

मु बई- 400021

6.

6.

6.

6. /े*ीय काया3लय (पि\म) रा= >ीय इ1 पात िनगम िलिमटेड, 101 [ ेस हाउस, [ ेस जरनल रोड,

मु बई- 400021

7.

7.

7.

7. शाखा िबX काया3लय रा= >ीय इ1 पात िनगम िलिमटेड, एनबीसी हाउस, थम तल, शहजानंद कालेज के पास,

कामधेनू कां पलेE स के पीछे, अ बावदी, अहमदाबाद-380015

8.

8.

8.

8. एनएमडीसी िलिमटेड, /े*ीय काया3लय, खिनज भवन, पोट3 /े*, िवशाखापटटनम-530035

9.

9.

9.

9. एनएमडीसी िलिमटेड मुI यालय, ‘खिनज भवन, 10-3-311/ए, कैसल िह स, मसाब ट]क, हैदराबाद-500028

10.

10.

10.

10. एमएसटीसी िलिमटेड, शाखा काया3लय, 21 कमलाजंसी, दूसरी मंिजल, टयूब कंपनी के सामने, ओ ड पादरी

रोड, बडोदा-390020

11.

11.

11.

11. फैरो 1 Xेप िनगम िलिमटेड, 303 कैलाश टॉवर,दोडडाबे लापुर, यलहंका, ब]गलु5-560064 (कना3टक)

[सं. ई-11011(1)/2012-िह दी]

टी. _ीिनवास, संयुE त सिचव

MINISTRY OF STEEL

New Delhi, the 18th December, 2015

S.O. 2334.—In pursuance of sub-rule (4) of Rule 10 of the Official Language (Use for Official Purposes of the

Union) Rules, 1976 (as amended, 1987) the Central Government hereby notifies the following offices under the

administrative control of Ministry of Steel, wherein more than 80% of the staff have acquired the working knowledge of

Hindi :-

1. Bracnch Sales Office, Rashtriya Ispat Nigam Limited, 101 Apollo Avenue, 30 B Old Palasia, Opp. Palasia

Police Station, Indore-452001

2. Regional Office (North), Rashtriya Ispat Nigam Limited, 4th Floor, 4th Tower, NBCC Plaza, Pushp Vihar,

Sector-5, Saket, New Delhi-110017

3. Branch Sales Office, Rashtriya Ispat Nigam Limited, Sai Arcade, 16/34 Bhargava Estate, Civil Lanes,

Kanpur-208001

4718

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

4. Branch Sales Office, Rashtriya Ispat Nigam Limited, Meghalaya Towers, 3rd Floor, Opp. Old Saint

Church, C-300 Sansar Villa, M.I. Road, Jaipur-302001

5. Branch Sales Office, Rashtriya Ispat Nigam Limited, 101 Free Press House, Free Press Journal Road,

Mumbai-400021

6. Regional Office (Western), Rashtriya Ispat Nigam Limited, 101 Free Press House, Free Press Journal

Road, Mumbai-400021

7. Branch Sales Office, Rashtriya Ispat Nigam Limited, NBCC House, 1st Floor, Near Sahajanand College,

Opp. Kamdhenu Complex, Ambawadi, Ahmedabad-380015

8. NMDC LTD., Regional Office, Khanij Bhawan, Port Region, Vishakhapatnam-530035

9. NMDC Limited (HQs), Khanij Bhawan, 10-3-311/A, Castle Hills, Masab Tank, Hyderabad-500028

10. MSTC Limited, Branch Office, 21 Kamlanjali, 2nd Floor, Opp. Tube Co., Old Padri Road,

Vadodara-390020

11. Ferro Scrap Nigam Limited, 303 Kailash Tower, Doddabellarpur, Yelahanka, Benguluru-560064

(Karnataka)

[No. E. 11011(1)/2012-Hindi]

T. SRINIVAS, Jt. Secy.

व

व

व

व मं ालय

मं ालय

मं ालय

मं ालय

नई दली, 21 दस बर, 2015

का

का

का

का.आ. 2335

. 2335

. 2335

. 2335.—केीय रेशम बोड3 अिधिनयम, 1948 [1948 का 61] क धारा-8 ग क उपधारा [1] aारा दb

शिcय का योग करते dए केीय रेशमकट बीज सिमित से परामश3 के प\ात् के सरकार इसके aारा अिधसूचना

एस.ओ.2333 [ई] दनांक 22.09.2010 aारा अिधसूिचत कना3टक राOय के तुमकुर िजला, कु ि◌ णगल तालुक के Xम सं.464,

466, 475 एवं 479 के बdज बीज /े* म' िनhिलिखत संशोधन करती है ।

Xम सं.464 "ित मयानापाया" के िव?मान बीज /े* के िलए बीज /े* "ित:पयानापाया" रखा जाए ।

Xम सं.466 "अगदहली" के िव?मान बीज /े* के िलए बीज /े* "हेjगडbीहली" रखा जाए ।

Xम सं.475 "कादरामदा" के िव?मान बीज /े* के िलए बीज /े* "कादरापुरा" रखा जाए ।

Xम सं.479 "िहbलूk " के िव?मान बीज /े* के िलए बीज /े* "िहbलहली" रखा जाए ।

[फा. सं. 25017/12/2015-रेशम(ii)]

सीताराम गु: ता, अवर सिचव

MINISTRY OF TEXTILES

New Delhi, the 21st December, 2015

S.O. 2335.—In exercise of the powers conferred by sub-sec.(1) Section-8(C) of the Central Silk Board Act,

1948 (LXI of 1948) the Central Government after consultation with the Central Silkworm Seed Committee hereby

makes the following amendment to the Multivoltine Seed Area at Sl.Nos.464, 466, 475 and 479 of Tumkur District,

Kunigal Taluk of Karnataka State notified vide Notification S.O.2333(E) dated 22.09.2010.

For the existing seed area in Sl.No.464 “Thimmayanapalya”, the seed area “Thippayanapalya” be substituted.

For the existing seed area in Sl.No.466 “Agadahalli”, the seed area “Heggadathihalli” be substituted.

For the existing seed area in Sl.No.475 “Kadaramada”, the seed area “Kadarapura” be substituted.

For the existing seed area in Sl.No.479 “Hithaluru”, the seed area “Hittalahalli” be substituted.

[F. No. 25017/12/2015-Silk (ii)]

SITARAM GUPTA, Under Secy.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4719

नई दली, 21 दस बर, 2015

का

का

का

का.आ. 2336

2336

2336

2336.—केीय रेशम बोड3 अिधिनयम, 1948 [1948 का 61] क धारा-8 ग क उपधारा [1] aारा दb

शिcय का योग करते dए केीय रेशमकट बीज सिमित से परामश3 के प\ात् के सरकार का मत है क रेशमकट बीज

क गु णवbा को िनयंि*त करने के िलए आवlयक और उिचत है, और इसिलए अिधसूिचत करती है क रेशमकट बीज तथा

बीज कोस क िनhिलिखत कार या उपजाित नीचे िनmदnानुसार िनhिलिखत राOय//े* म' उKपादत कया जाए । आगे,

के सरकार यह भी अिधसूिचत करती है क Kयेक बीज उKपादक या बीज कोसा उKपादक या कृषक के िलए यह आवlयक

होगा क वह रेशमकट बीज/बीज कोस क केवल अिधसूिचत िवशुp जाितय का उKपादन अिधसूिचत /े* म' ही करे और

अय कसी क1म अथवा जाित के रेशमकट बीज तथा बीज कोस का उKपादन न करे ।

कना

कना

कना

कनाटक राय

टक राय

टक राय

टक राय

िज बीज े

िज बीज े

िज बीज े

िज बीज े

िजला

िजला

िजला

िजला

तालुक

तालुक

तालुक

तालुक

होली

होली

होली

होली

म

म

म

म सं.

सं.

सं.

सं.

!ाम का नाम

!ाम का नाम

!ाम का नाम

!ाम का नाम

रेशम

रेशम

रेशम

रेशम क"ट उपजाित

क"ट उपजाित

क"ट उपजाित

क"ट उपजाित

बेलगावी

बेलगावी

बेलगावी

1

गुगरेनPी

2

नंदी हQली

हीरेबागेवाडी

3

बDदीगेरी

4

सुलेबावी

5

नागेनPी

6

बदल अंकलगी

7

मुथनल

8

मरीहल

9

मोदगा

10

कमकरPी

11

तुमरगु3ी

12

दरंी

उचगाव

13

बेलगुंडी

14

सुलगा

15

सोनोली

सी.एस.आर 2

16

नवगे

17

बीजाRनी

18

वंगवाडे

19

यQलूर

20

गोजगा

21

अते

22

अगसगा

23

कQलेवली

24

कुदरेमणी

25

रायदुगा4

26

बकनूर

27

अंकली

होडली

28

Sडली

29

होीहाल

4720

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

बैलह?गल

बैलह?गल

30

बैलह?गल

31

देवलापुर

32

वकुंद

सी.एस.आर 2

33

अिनगोल

34

िचवतगुंडी

बेलगावी

35

बेिवनकोTपा

नेसग-

36

मQलपुर

37

मेकलमड-

38

हनबरPी

39

नगनूर

40

मुरकबावी

@कूर

41

कुलवQली

42

हीरेनं@दहQली

43

कदथनल

44

कलाबावी

45

गजु4र

सी.एस.आर 2

46

देवगाव

नेगीताहल

47

नेगीनाहल

48

यरदल

49

कोधनपुर

50

पPीहल के.बी

खानापुर

खानापुर

51

देवलथी

52

कमसीनाकोTपा

53

वदेबेल

54

करमबल

55

केरवद

56

गोलीहQली

57

मोदेकोTपा

58

बोरनक

सी.एस.आर 2

59

पोतगल

बेडी

60

हलसी

61

बेकवाड

SUेरी

SUेरी

62

येलीमुनवQली

63

SUेरी

64

अजु4नवद

65

बेQलद बागेवाडी

66

हनजनP

67

सीरगव

68

सीरदन

69

SQलोQली

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4721

70

यदगुड

71

बेनवद

72

केK ती

सी.एस.आर 2

73

जीनरल

74

बसपुर

75

बीबगी

76

बगरनल

77

बगरनल

78

होसूर

79

यरगPी

80

यQलापुर

81

सरपुर

सी.एस.आर 2

बेलगावी

SUेरी

82

सी*र

83

हगेदल

84

गुदस

यमकनमड-

85

हथरगी

86

अथीहल

87

बेलवंक

88

यु.खानपुर

89

हनचाना

संकेK वर

90

गोटूर

91

संकेK वर

92

बद

93

अ मनगी

94

नेल-

95

हेVबाल

96

बदकुं$ी

सवदी

97

सवदी

98

कD चलरकोTपा

99

असुंदी

100

कतमQली

101

बतसुर

102

गुरलहोसूर

103

संRशकोTपा

मुनवQली

104

Sली

105

हीरेकुंबी

106

तDगीहल

107

सWदोगी

सी.एस.आर 2

सवदी

108

यUेरी

109

ही*र

4722

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

110

हQलूर

111

बंदरहQली

112

येनगी

113

मुनवली

मूरगोड

114

मुरगोड

115

इंचल

116

ग?तमर

117

िचUोTपा

118

*$पुर

119

माQलूर

120

करलकPी

बेलगावी

सवदी

121

यरगनवी

122

मुगलीहल

सी.एस.आर 2

123

सीगेरी

124

मुगबसव

हासन

आलूर

पाQय

125

यलगनहQली

126

कQलहQली

127

बवसहQली

128

कनतूर

129

कारजुवQली

130

मंजलगोडु

131

होवQली

132

हलूवQली

कसब

133

नकलगुडु

134

किडिगहQली

135

चपुर

136

तोगरनहQली

137

देवराजपुरा

138

इमुीपुरा

139

मडगेरे

140

गोवलाकPे

141

अगसरहPी

142

SनसवQली

143

कवलीकेरे

144

भारतवQली

कूंदूर

145

कYगरवQली

146

मूडनाहQली

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4723

147

िबिलगरहQली

148

मेवZ

क.होसकोटे

149

मलगलले

150

अनगलले

बेलूर

कसब होबली

151

दVबे

152

कोटीगनहQली

153

आई.Sनसेकेरे

154

िन\टू*

सीएसआर2, सीएसआर2Xसीएसआर 4

155

हेVबलु

156

कQलहQली

157

शंभूगनहQली

मधीहQली

158

संिपगेमरदा कोTपलु

159

अलदाहQली

160

अडगूर

161

रामचं$पुरा

162

मQलीकाजु4नपुरा

163

वीरदेवनहQली

164

मूलेनहQली

165

सूलेदेवरहQली

166

सोमेनहQली

167

सूरपुरा

168

िचQ कूर

सीएसआर2, सीएसआर2Xसीएसआर 4

हलेबीडू

169

बं@दलUनकोTपलू

170

कQलूसेPीहQली

171

5लगTपनकोTपलू

172

GयवTपनहQली

173

मचेनहQली

174

चचतनहQली

175

मयग?डनहQली

बीUोड

176

बीUोडू

177

केसगोडू

178

मोगसवरा

सकलेशपुर

कसब

179

बो मनकेरे

सी.एस.आर 2

180

,यनहQली

हनबलु

181

कुमाराहQली

182

बचनहQली

183

अगलहPी

सकलेशपुर

बेलगोडु

184

सुंदहQली

सी.एस.आर 2

185

फथीमपुरा

186

लकुं3ा

4724

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

187

हेVबनहQली

येसलूर

188

मंजू*

हासन

दु3ा

189

कोरवनगला

सीएसआर2, सीएसआर2Xसीएसआर4

190

हे3नहQली

एफसी1,एफसी2एनबी4डी2

191

एच मैलहQली

192

जोडीकृ^णपुरा

193

अPवरा

सीएसआर2,सीएसआर2Xसीएसआर4

194

करेबोरेकवलू

एफसी1,एफसी2एनबी4डी2

195

हेरगु

196

को डीहQली

हासन

कसब

197

SQलेनहQली

सीएसआर2,सीएसआर2Xसीएसआर4

198

डी.एम.हQली

एफसी1,एफसी2एनबी4डी2

199

िचUमंडीगनहQली

200

नरेहQली

201

5नगेगौडनकोTपलु

202

तPेकेरे

203

मरगनहQली

204

हलूवगीलू

सीएसआर2, सीएसआर2Xसीएसआर4

205

अिगनहQली

एफसी1,एफसी2एनबी4डी2

206

हनुमंतपुरा

207

कोकंनगPा

208

येरेहQली

209

SवीनहQली

210

हं@दनकेरे

211

हचग?डनहQली

212

तेजूर

213

िचUक?डगुला

214

हरलहQली

कPया

215

शंकरनाहQली

सीएसआर2, सीएसआर2Xसीएसआर4

216

गदेनहQली

एफसी1,एफसी2एनबी4डी2

217

िबलगुंडा

218

डी.एन.हQली

219

कPया

220

कलZ

221

बQलकेरे

222

मु_ेनहQली

223

मिQलगेवलू

224

सीगराहQली

225

कQलाहQली

226

बो मेनहQली

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4725

227

`टीमने

228

सीगरहQलीकवलू

229

सीगरहQलीकोTपलू

हासन

सलगमे

230

वेदवती

सीएसआर2, सीएसआर2Xसीएसआर4

231

म@दहQली

एफसी1,एफसी2एनबी4डी2

232

रामदेवराहQली

233

कUेहQली

234

शंखदहोसहQली

235

सोमनहQली कवलू

236

कददरवQली

237

सोTपनाहQली

238

बीकनहQली

239

मQलेनहQली

240

मारनाहQली

शां ितRामा

241

गेकरविQल

सीएसआर2, सीएसआर2Xसीएसआर4

242

दो3ाहोेनहQली

एफसी1,एफसी2एनबी4डी2

243

वलZकोTपलु

244

शांतीRामा

245

रंगनाथपुरा

246

एच बैरपुरा

247

हरनाहQली

हासन

248

कनजनहQली

249

मोसलेहोसहQली

250

कु*बरहQली

251

बंटराहQली

252

मुीगेहीरेहQली

253

मोसले

254

Sलुवरे

255

तमलपुरा

अरसीकेरे

कसब

256

यदपुरा

सीएसआर2, सीएसआर2Xसीएसआर4

257

जवनहिQल

एफसी1,एफसी2एनबी4डी2

258

बो मनहिQल

259

मुरंडी बी तांaा

260

मुरंडी

261

गोQलरकोTपलू

262

तलतोरे

263

बोचेनहिQलकवलु

264

नागेनहिQल

265

दु मेनहिQल

266

ए.एन.हQली

4726

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

267

येरेहQली

268

िवPलपुरा

कनकPे

269

हरलकPा

270

िग0रबो मेनहQली

271

रामपुरा

272

दो3मेटेकुरके

हासन

गंडसी

273

आ@दिधहQली

274

5चदेनिQल

275

होसहिQल बी

276

!ीरामपुरा

277

मंगलापुरा

278

कD केरे

279

मािवनकेरे

280

नर मनहQली

281

भरमदेवराहQली

282

बैरगौडनाहQली

सीएसआर2, सीएसआर2Xसीएसआर4

283

बागेशपुरा

एफसी1,एफसी2एनबी4डी2

284

बािगवलु

285

महादेवरहQली

286

चागचागेरे

287

बोरेहQली

288

जUहQली

289

मरशेPनाहQली

290

SलीयTपनापाQय

291

अTपेनहQली

292

िबलेनहिQल

जावगल

293

अरेकेरे

294

धनंजयपुरा

295

कतूरीकोTपल

सीएसआर2, सीएसआर2Xसीएसआर4

296

ित*पितहिQल

एफसी1,एफसी2एनबी4डी2

297

जावगल

298

कोलगुंडा

299

अिगु3कवलु

बाणावरा

300

वलेहिQल

301

बैरमबिड

302

बनवरा

होलेनरसीपुरा

कसब

303

अनकविQल

304

गिकडा

305

होलेि बगे

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4727

306

Sिलवलु

307

नगलपुरा

308

तPेकेरे

309

दो3बैगतविQल

हासन

हलेकोटे

310

हंगरहQली

सीएसआर2, सीएसआर2Xसीएसआर4

311

तेरbया

एफसी1,एफसी2एनबी4डी2

312

ह0रहरपुरा

313

येQलेशपुरा

होलेनरसीपुरा

314

दो3कुंचेवु

315

`0टगु3कवलु

316

बेरेहोसू*

317

गुिनसतेनहिQल

318

@करहिQल

319

मुदलकोTपलु

320

कQलहिQल

321

5सगनगुTपे

322

जोिगकोTपलु

323

गोहिQल

324

हदय

325

गु_ेनहहQली

326

मोतनयकनहहQली

327

िनदुवनी

328

ल,कू*

329

एलचगनहQली

330

सी.5हदलहQली

सीएसआर2, सीएसआर2Xसीएसआर4

331

बुवनहहQली

एफसी1,एफसी2एनबी4डी2

332

केरगोडु

333

उ_* होसहQली

हQलीमैसूर

334

बं@दशेीहQली

335

के मु_नहQली

336

5चनहQली

337

वदेनहिQल

338

जोडीगुVबी

339

मचगोदनहQली

340

िबदरU

341

नेरले

342

एदेग?डनहQली

343

मरहQली

4728

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

344

रािगहQली कवलु

345

मकबिQल

346

होेनहQली

347

अनेकनंब@द

348

मारनायकनहQली

हासन

हQलीमैसूर

349

बचेनहQली

350

गुQलदपुरा

351

अलग?डनहQली

352

नागरनहQली

353

िहरीतललु

354

इ@दगनहोसू*

चेरायपटना

कसब

355

नQलू*

356

नं@दपुरा

357

cदडगु*

358

िचUग?डनहQली

359

क0रमारनहQली

सीएसआर2, सीएसआर2Xसीएसआर4

360

वी.सोमनहQली

एफसी1,एफसी2एनबी4डी2

361

देिवगेरे

362

कल5सदा

363

एम.होेनहQली

364

नागसमु$

365

मिचगनहQली

366

ससलुपुरा

367

मQलेनहQली

368

यदुवनहQली

369

हरलहQली

370

अडगु*

371

दददहQली

372

ए.चोलनहQली

373

दो3गि

374

जी.बDडेनहQली

375

मारेनहQली

दंिडगनहQली

376

बलदरे

377

उदयपुरा

378

बेPदपुरा

379

िह0रहQली

380

वगरहQली

381

वाई.5सगेनहQली

382

यिलयू*

383

जUेनहQली

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4729

384

बेलगुली

385

मोदलपुरा

386

अTपेनहQली

387

डी.करदेवु

हासन

चेरायपटना

388

बी.चवदेनहQली

सीएसआर2, सीएसआर2Xसीएसआर4

389

बरगु*

एफसी1,एफसी2एनबी4डी2

390

िचUमितगP

391

उिपनहQली

392

धरिसगP

393

मदब

394

होसो*

395

द_मिथगP

396

कPरीगP

397

ननिबहQली

398

मलेनहQली

399

एन.बDदनहQली

400

कQलेनहQली

401

सगथविQल

402

नंदनहQली

!वण बेलगोला

403

गु0रगरनहQली

404

मंजुनाथपुरा

सीएसआर2, सीएसआर2Xसीएसआर4

405

अलदहQली

एफसी1,एफसी2एनबी4डी2

406

कोरेनहQली

407

बी.होेनहQली

408

सुंदहQली

409

कVबलू

410

कंतीरायपुरा

411

अ*वनहQली

412

हलुमितगP

413

बरलू

414

गिगबो मेनहQली

415

बी.मंचेनहQली

416

सनेनहQली

बगु*

417

कोडीहQली

418

वलगेरहQली

419

के.िथमलपुरा

420

िबचगोडनहQली

421

कD बलू

422

कUहQली

423

िब$े

4730

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

424

बलगPा

425

एम.िशवरा

426

मु_नहिQल कवलु

सीएसआर2, सीएसआर2Xसीएसआर4

427

बी.होेनहQली

एफसी1,एफसी2एनबी4डी2

428

कुंबरहQली

429

चवेनहQली

430

निवले

िह0रसवे

431

अरकेरे

432

सोरेकायीपुरा

433

मितगPा

434

कसरनहQली

435

िबरनहQली

436

चेनहQली

437

दासरहQली

438

एम.होसो*

439

इं$नहQली

440

Sलीगेरे

441

डी.तुमकु*

442

मंदिलकनहQली

443

कVबिQल

नुYगेहिQल

444

अितहQली

445

जमबु*

446

Sिलकेरे

447

म@दहQली

448

हनुमंतपुरा

449

सोसलगेरे

450

िव*पाHपुरा

सीएसआर2, सीएसआर2Xसीएसआर4

451

चगोनहQली

एफसी1,एफसी2एनबी4डी2

452

संतेिशवरा

453

रामपुरा

454

SQलेनहQली

455

दुYगेनहQली

456

करेहQली

तुमकूर

िचUनया

शेPीकेरे

457

होेबिग

सीएसआर शुd व संकर

हिQल

458

कदेननहQली

459

शेPीकेरे

460

कोडलगरा

461

बेटेरंगनहQली

462

मQलग?डनहQली

463

रंगनाथपुरा

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4731

464

मंचेकPे

465

िस_पुरा

466

तरबेनहQली

467

हेसरहQली

468

अरिलकेरे

469

कुTपु*

470

थ म@दहQली

471

तोटेगौडनपाQया

472

बYगनहQली

कं @दकेरे

473

बेलवडी

474

बैरनकPे

475

भीमUनकPे

476

बरकनहQली

477

िस_नकPे

478

बडकेगुडलू

479

SQलेनहQली

480

मदनहQली

481

अeीहQली

482

अिfगु3े

483

5सगदहQली

484

िचUिबदरे

485

दो3ािबदरे

Sिलय*

486

मुथुगदहQली

487

अंमबरपुरा

488

नूलेनु*

489

कQलेनहQली

तुमकूर

ितपतूर

कसब

490

टी.एल.पाQया

सीएसआर शुd व संकर

491

गंगनगPा

492

दसरीगPा

493

SgनहQली

494

एस.होसूर

495

एस.ल@UहQली

496

बसवनहQली

497

िचUिबदरे

498

दिसहQली

499

थदसूर

500

कोनेहQली

501

चटनहQली

4732

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

502

कोिडहQली

होवQली

503

हलकु0रके

504

मंजुनाथपुरा

505

बसवराजपुरा

506

मQलदेिवहQली

507

YयरगPा

508

वसुदेवनहQली

509

मुिन@ककेरे

नोनवीनाकेरे

510

नागरघPा

511

के.मQलेनहQली

तुमकूर

512

यदगरहQली

सीएसआर शुd व संकर

513

होेनहQली

514

एन.मेलनहQली

515

ने िलकेरे

516

गोपालपुरा

517

मुगितहQली

518

क0रकेरे

519

बजगूर

520

SQलेनहQली

521

मसवनघPा

522

सेनहQली

523

सूगूर

524

मितघPा

525

जयपुरा

526

नोनिवनाकेरे

527

अलबूर

सीएसआर शुd व संकर

@कVबनहQली

528

करदलु

ितपतूर

529

करदलू पाQय

530

अरलगुTपे

531

नयकेनहQली

532

कुंदूर

533

कPेहQली

534

बलेयकPे

535

बो मेनहQली

536

कामग?डनहQली

537

िहbदीसकेरे पाQय

538

िगन@ककेरे

539

@कVबनहQली

540

कुंदरपाQया

तु*वेकेरे

कसबा

541

कQलनकेरे

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4733

542

IारानहQली

543

म@दहQली पाQय

544

संगलपुरा

545

एच.बो मनहQली

तुमकूर

546

िचUनहQली

547

तालेकेरे

548

कQलकेरे

549

मुुगदहQली

550

के.होसहQली

551

म_नहQली

552

हेVबे नागसं$ा

553

िचUपुरा

554

किचहQली

555

बो मनहQली

556

के.दो3ेरी

557

इPीगेहQली

558

बैदरहQली

559

दो3मQलीगेरे

560

स?डेमारनहQली

561

बनसं$ा

562

कुिणकेनहQली

563

कोडीगेहQली

564

अबलकPे

565

मरसरको0Pगे

566

दो3गPा

567

िचUनहQली कावल

568

मारTपनहQली

569

थंदगा

570

नडुिवनहQली

571

Sिलकल

572

h हदेवरहPी

573

अलदहQली

574

गोपालपुरा

575

ह0रकरनहQली

सीएसआर शुd व संकर

576

द?बरमहPी

577

थोिवनकेरे

578

गोTपेनहQली

579

िच मनहQली

580

!ीरामपुरा

4734

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

581

दो3ेनहQली

582

कु*बरहिQल

583

मQलदेवनहQली

584

कTपु*

585

बी.सी.कवलु

586

गु3iयनपाQया

587

अंगडीगेरे

कसब

588

मोसले. कोTपलू

589

कमनहQली

590

नरगोनहQली

591

बQलेकेरे

592

ये मदहQली

593

अरेबूवनहQली

594

कृ^णराजपेट

595

मतीगPा

596

येदहQली

597

कलेगौडनकोTपलू

598

लjमीपुरा

599

बंडी होले

600

अRहारा बचहQली

601

ह0ररायनहQली

सीएसआर2, सीएसआर2Xसीएसआर4

602

गो5वदेगौडन कोTपलू

एफसी1,एफसी2एनबी4डी2

603

ह0रहरपुरा

604

बो मनहQली

मंaा

के.आर.पेट

605

होसहोललू

606

गांधीनगर

607

बेिQलबेPदाकावल

608

कुंदनहQली

609

िचUनहQली

610

पुरा

611

मQलेनहQली

612

िवPलपुरा

613

यगचकुTपे

614

अरलकुTपे

615

मदु िवनकोडी

616

नटनहQली

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4735

बो@कनकेरे

617

परदेिशगौडनकोTपलु

618

कपनहQली

सीएसआर2, सीएसआर2Xसीएसआर4

एफसी1,एफसी2एनबी4डी2

619

बुकनकेरे

620

रंगनाथपुरा

621

मोडूर

622

बो मेगौडना

कोTपलु

623

बनकेरे

624

केरेमेगलाकोTपलु

625

इचनहQली

626

बेनहQली

627

चोकनहQली

628

बो मलपुरा

629

अगसरहQली

630

मतीकेरे

631

गं िजगेरे

632

दो3गिडगनहQली

633

मािवनकेरे

634

कPेली

635

कु*बरहQली

636

मु िडगेरे

@कUेरी

637

चूजल,यातनहQली

638

गो5वदनहQली

मंaा

के.आर.पेट

639

इचलगु3ेकवल

640

कD िपकोTपलु

641

उिजनहQली

642

िबदरहQली

643

चौडेनहQली

644

सोQलेपुरा

645

@कUेरी

646

भ$नकोTपलू

647

इकनहQली

648

बसवनहQली

649

अनेगोला

650

मंदिलकनहQली

651

तD िगनगPा

652

मरगोनहQली

653

लjमीपुरा

अ@UहेVबलु

654

!वणनहQली

655

मंदगेरे

4736

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

656

,यातनहQली

657

चौड समु$

658

मंचीबीडू

659

हंगरमु_नहQली

660

व3रगुडी

661

जैनहQली

662

सोमनहQली

663

अंिबगरहQली

664

मुडलपुरा

665

अ@UहेVबलू

शीलनेरे

666

होेनाहQली

667

हे मदहQली

668

मरदहQली

669

अंचेमु_नहQली

670

हरलहQली

671

मैलनहQली

672

नीितमंगल

673

राजगPा

674

म*वनहQली

675

kोगनाहQली

संते

676

कोर0टकेरे

बचहिQल

677

नारायणपुराकोTपल

678

SVबनहQली

679

अTपनहQली

680

कोमारनहQली

681

िगददबोTपनहQली

682

मािवनकPेकोTपल

683

लोकनहQली

684

बेददहQली

वDगलु;नगर

आनेकल

कसब

685

समंदु*

686

[एस.मिडवाला]

687

[एस.ित मसं$ा]

688

[गांधीनगर]

689

चेना अRहारा

690

मारनायकनहQली

691

सबमंगला

692

गेरतगेनबेले

693

कुवDपुनगर

694

गुडनहQली

695

मुथगPे

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4737

696

िचUनहQली

697

कु*बरहPी

698

वनकनहQली

699

सुनवरा

700

5सगसं$ा

701

सोलू*

702

मेिण सगनहQली

703

[कDपुदो मसं$ा]

704

चूडनहQली

705

पटनगेरे गोQलहQली

706

कलनायकनहQली

707

िबदरकडहQली

708

तेलगरहQली

709

करपु*

710

अरवंतीगेपुरा

711

हंदेनहQली

712

रचमनहQली

सीएसआर2, सीएसआर2Xसीएसआर4

713

िबदरगेरे

एफसी1,एफसी2,एनबी4डी2

714

बेतमनहQली

715

[@दू*]

716

VयागदनहQली

717

कुनमिडवाला

718

कD पव3रहQली

719

दो3हगदे

720

[यQल मनपाQया]

721

अवदेनहQली

722

क मसं$ा अRहारा

723

[कवलहोसहQली]

724

िचUहगदे

725

तातनहQली

726

सोTपहQली

727

सुरगजUनहQली

728

िसिdहोसकोटे

729

गोरेनहQली

730

होmकलसपुरा

731

ए.मे@दहQली

732

अगसि मनहQली

733

हिस*वािण

734

अ मिनकेरे दो3केरे

4738

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

735

सं7णनायकनपुरा

सीएसआर2, सीएसआर2Xसीएसआर4

एफसी1,एफसी2,एनबी4डी2

736

[िस_नपाQया]

737

अडू*

738

[िचयनपाQया]

739

[बोडरहQली]

740

इंडलवाडी

741

[लjमीपुरा]

742

[बसवनपुरा]

743

अरेहQली

744

[बंगलदो3ी]

745

बYगनदो3ी

746

कडुजUनहQली

747

राजोडी

748

िबिलयनदो3ी

749

[नागयंनदो3ी]

750

त मनायकनहQली

751

चूडहQली

752

िचUहोसहQली

753

िचUनहQली

754

इंडलवाडीपुरा

755

[करकलघPा]

756

मूू*

757

मैसूर मनदो3ी

758

[ित यंनदो3ी]

759

ित मसं$ा

760

कुंबरहQली

761

5लगपुरा

762

[नायनहQली]

बDगलू;

आनेकल

िजगनी

763

हरग_े

764

सीतानायकनहQली

765

नोसेनू*

766

एन.गोQलहQली

767

हरग_ेव_रहQली

768

मदपटना

769

Gयावसं$ा

770

कQलबलू

771

िग_ेनहQली

772

जी.बंगीपुरा

773

वडेरमंचनहQली

774

बुUसागरा

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4739

बDगलू* नगर

आनेकल

िजगनी

775

[ससबी @दे]

सीएसआर2, सीएसआर2Xसीएसआर4

एफसी1,एफसी2,एनबी4डी2

776

[कसुिवनकुंPे]

777

महंत5लगपुरा

778

बलार बंडे

779

कृ^णदो3ी

780

पुजारी5सगयनदो3ी

781

यQल मनदो3ी

782

िग_ेगौडनदो3ी

783

मादTपनदो3ी

784

जवरेगौडनदो3ी

785

दासTपनदो3ी

786

गोिननायकनदो3ी

787

बो मनदहQली

788

कोनसं$ा

789

हरपनहQली

790

कुTपिसdांयनदो3ी

791

िजगनी

792

बंडेनQलसं$ा

793

,यलसनहQली

794

[!ीरामपुरा]

795

हेगारा

796

हेगारा अमिनकेरे

797

यरंडहQली

798

एच.होसहQली

799

कचनायकनहQली

800

मतेनहQली

801

िहU

802

राजपुरा

803

रामकृ^णपुरा

804

Sिलमंगला

805

मरग?डनहQली

806

एस.5बिगपुरा

807

पोडु

808

कD पापुरा

809

वबसं$ा

810

नंजपुरा

811

कोTपा

812

कोTपगेट

813

िशखारीपाQया

814

रािगहQली

4740

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

बDगलू* नगर

आनेकल

िजगनी

815

[मादयनदो3ी]

सीएसआर2, सीएसआर2Xसीएसआर4

एफसी1,एफसी2,एनबी4डी2

816

[कोरटगेरेदो3ी]

817

[अयनदो3ी]

818

[सेवानायकनदो3ी]

819

[रामनायकनदो3ी]

820

[बसवनदो3ी]

821

िशवनहQली

822

[वंटेमारनहQली]

823

[मुिननंजTपनदो3ी]

824

[सोQलेपुरादो3ी]

825

[पुPेगौडनदो3ी]

826

सुVबेगौडनदो3ी]

827

जयपुरादो3ी

828

[क0रयTपनदो3ी]

829

[उिfनTपनदो3ी]

830

[कटेरीदो3ी]

831

[गुंडiयनदो3ी]

832

मुदलयनदो3ी

833

मंटपा

834

कलेnरी

835

जंगलपाQ या

836

[वoहQली]

837

SQलहQली

838

[चPेकेरेपाQया]

839

िचयनपाQलया]

840

लjमीपुरा

841

[संपंिगरामनगर]

842

हलेसंिपगेहQली

843

मलेनQलसं$ा

844

रायसं$ा

845

सकलवरा

846

SलकसवनहQली

अिबेले

847

वडेरहQली

848

बेिगहQली

849

अमिन िबदरकेरे

850

बुजंगदसंकेरे

851

बे*घPा

852

ब*घPाकवल

853

[कDपनायकनहQली]

854

संिपगेहQली

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4741

अिबेले

855

बुतनहQली

सीएसआर2, सीएसआर2Xसीएसआर4

856

[ह@Uिप@U कालोनी]

एफसी1,एफसी2, एनबी4डी2

857

िश5ल$दो3ी

858

[Vयाटरयनदो3ी]

859

[बैलमरादो3ी]

860

बैरTपनहQली

861

कनाकनअRहारा

862

[कुलुवेपाQया]

863

अमृतनगर

864

[मुिनमारनदो3ी]

865

िबलवरदहQली

866

[शानूभोगनहQली]

867

[कDचiयनदो3ी]

868

[कैसरगुTपे]

869

गोQलहQली

870

अिबेले

871

बQलूर

872

दासनपुरा

873

कोडलीपुरा

874

अरेहQली

875

हलेहQली

876

मायासं$ा

877

मुतसं$ा

878

कंबलीपुरा

879

[हारोहQली]

880

एम.मे@दहQली

881

भिpपुरा

882

िबदरगुTपे

883

[मलेनहQली]

884

नरसपुरा

885

इंडलाबेले

886

िचUनहQली

887

िजगला

888

अरेनू*

889

चंदापुरा

890

लjमीसागर

891

चंदापुरा चFकने

892

रामसागर

आनेकल

अिबेले

893

अंदपुरा

894

हीलालगे

4742

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

बDगलू* नगर

आनेकल

895

इगलूर

सीएसआर2, सीएसआर2Xसीएसआर4

एफसी1,एफसी2एनबी4डी2

896

नेरलू*

897

ित*मग?डनहQली

898

बलगरनहQली

899

यदवनहQली

900

अिडग?डनहQली

901

बDिडगनहQली

902

गु3हPी

903

कृ^णसागर

904

िग_नहQली

905

ऐचंगु*

906

[ऐचंगू* व3रपाQय

907

हेVबगोडी

908

ित*पाQया

909

वीरसं$ा

910

गोQलहQली

911

क मसं$ा

912

व3रपाQय

913

बो मसं$ा

914

@कतंगनहQली

सजा4पुरा

915

बनहQली

916

बंगलपेटे

917

सजा4पुरा

918

मुगलूर

919

कुटगनहQली

920

[भोिवपाQय]

921

पं िडतन अRहारा

922

मनहQली

923

गुिडगPनहQली

924

दो3ित मसं$ा

925

महलचौडेनहQली

926

कुगु*

927

बनहQली

928

ितbडलू

929

मदTपनहQली

930

देशपंडेगPहQली

931

सीगनायकनहQली

932

िचUनहQली

933

कमनहQली

934

[राजीवगांधीनगर]

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4743

935

ने0रग

सीएसआर2, सीएसआर2Xसीएसआर4

एफसी1,एफसी2,एनबी4डी2

936

िचUेने,कुंडी

937

नेकुंिडडो मसं$ा

938

जंतग?डनहQली

939

गो िनगटपुरा

940

कटरीगुTपे

941

हेग?डनहQली

942

हलसQलीितTपसं$ा

943

रामनयकनहQली

944

िचUदासरहQली

945

नंगनRाहारा

946

िचUवदेनूर

947

हंडेनहQली

948

कोटगनहQली

949

सोQलेपुरा

950

िबकनहQली

951

एस.मेदीहQली

952

िबQलपुरा

953

बुरेगुंटे

954

अिडगरकQलहQली

955

[सुQतानपाQया]

956

तैवकनाहQली

957

बैयतैवहQली

958

िबलिचUनहQली

959

यमरे

960

सोमपुरा

961

कदRहारा

962

चंबेनहQली

963

टी.सी.हQली

964

बी.होसहQली

965

वी.कQलहQली

966

इPनगु*

967

दो मसं$ा

968

मुथनQलू*

969

नारायणघPा

970

अिलबो मसं$ा

971

समनहQली

972

गोपसं$ा

973

को मसं$ा

974

िचUित मसं$ा

4744

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

975

5सगेनRहारा

976

मुथनQलू* अमिनकेरे

977

िचUदोसं$ा

978

rसकूर

979

गुिलमंगला

980

अवलहQली

981

चोUसं$ा

982

हरोहQली

983

5चतलमिडवाला

984

कYगिलपुरा

985

कूsलू

986

गPाहQली

987

चूडसं$ा

988

रायसं$ा

989

िचUनागमंगला

990

शांितपुरा

991

व3रपाQया

कोडगू

मिडकेरी

बागमंडला

992

चेरंगला

सीएसआर2

993

सदुिलकेतु

994

कोरंगला

995

कोTपPी

मिडकेरी

बागमंडला

996

बPेगे0र

997

तवु*

संपगे

998

हTपू*

999

िबलीगेरी

वीराजपेटे

1000

बेQलूमडु

सोमवारापेटे

कुशालनगर

1001

भुवनिग0र

सीएसआर2 & सीएसआर4

1002

Sडुगू*

1003

िचUू*

कोडगू

1004

दो3ू*

1005

हे**

1006

बQलू*

1007

मनजू*

1008

बसवनहQली

1009

बसवनतू*

सामवारापेटे

1010

अVबू* कPे

1011

बेलू*

1012

कुसबू*

1013

ति*हQला

1014

मसगोडू

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4745

शिनवारासंते

1015

कुगेकोडी

1016

होसगुPी

कोडलीपेटे

1017

िचUकुंडा

1018

िन*गुंडा

1019

जनाध4नहQली

1020

शीरंगला

सीएसआर संकर

1021

@कू*

1022

कोनेगनहQली

1023

मगधहQली

1024

होसगुPी

उ$र

उ$र

उ$र

उ$र क%ड़ िजला

क%ड़ िजला

क%ड़ िजला

क%ड़ िजला

अंकोला

1. बेलले

1025

तोगसे

1026

बीरला बैल

1027

िहQलू*

1028

क0रकल

1029

सुंकसला

1030

अचवे

1031

मबगी

1032

कुंटकिन

2. बेलेकेरी

1033

हरवदा

भटकल

3 सुसुडी

1034

अYगा

1035

अंतरवQली

4 मवQली

1036

शीराली

1037

कोTपा

5 मुख4वादा

1038

SQलPी

1039

चFनला

1040

बी.के.हQली

सीएसआर शुd & संकर

उर कड़

1041

कवलवदा

1042

नं@दग3ा

1043

मुख4वदा

1044

गालेहQली

हिलयाला

1045

थेगनQली

1046

अलोQली

1047

हविग

1048

गु तीगेरी

1049

सतनQली

1050

Sनसवदा

1051

मुडंU

1052

मदनQली

6 दाडDली

1053

यदोगा

4746

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

1054

रामपुरा

1055

आलूरा

7 सांhाणी

1056

कुरीग3ा

हिलयाला

7 सांhाणी

1057

अगसलकPा

1058

अजगवा

होावरा

8 मािवनकुवा4

1059

SUQली

1060

कोलग3े

9 मनक

1061

कुgोली

1062

मुंद*

1063

मगोडु

10 होावरा

1064

कदिन*

1065

होडीकेशी**

1066

चंदवरा

कारवार

11@करा

1067

बग4ल

1068

बेलू*

1069

नगेकोवे

कुमटा

12 मीरजना

1070

बेटकुली

1071

मुलेकेरी

1072

हेबैल

1073

होरेमस@क

1074

!ीगुंजी

1075

मरकल

1076

SणसेकोTपा

1077

हलग3े

13 कुजिQल

1078

मुंडगेज_ी

1079

दीवाली

1080

कोजQली

1081

उQलू*

1082

कQलVबे

मुंडगोडा

14मुंडगोडा

1083

थPीहQला

1084

शीडलगुंडी

1085

इंदू*

1086

अPबैल

1087

बसवनज3ी

1088

बेUोडा

उर कड़

िसdपुरा

15 क?डली

1089

िबUलसे

सीएसआर शुd & संकर

1090

चनमओ

1091

हंिचनचा

1092

हUलकेरी

1093

tयारसी

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4747

1094

गोलग?डा

16 उमबलेमने

1095

गनदमने

1096

अ0रशीनगोडा

1097

अीसवला

1098

हेYगरबैल

1099

थलगरा

1100

कुQले

1101

केसरला

1102

थंडगुंडी

17 कोडकिन

1103

अदमने

1104

शीरो*

1105

गुनवतते

1106

वंदने

1107

िबल4मU

1108

बैलिQल

1109

अलविQल

1110

लUज_ी

1111

नेिQलकोTपा

1112

पुरदमता

1113

मलवQली

1114

इगलीकोTपा

1115

मनमने

1116

अरDदु*

1117

अरसीबैल

1118

कलरा

1119

कोटेकोTपा

1120

िजUनमदक

1121

तDगीनमU

1122

कोननतले

1123

बसवनबैल

1124

मरग3े

िसdपुरा

1125

बेननगुंडी

1126

मतने

1127

हलग3े

1128

होसू*

1129

चं$गटगी

शीरसी

18 बनवासी

1130

दनगनाहQली

1131

कोटेकोTपा

1132

मललगवा

1133

घरसी

4748

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

19 संपखंडा

1134

@कVबली

1135

नेYगू

1136

बनतकोsलू

1137

कोरसे

सीएसआर शुd & संकर

1138

हनीकेरी

1139

बंsला

1140

केरेगनी

1141

कोलगीबीस

उर कड़

1142

देवनQली

1143

को3ग3े

1144

SUलेबैल

1145

हिQलकेरी

1146

कनमने

1147

िबUग3े

1148

सरगुTपा

1149

हसनगी

1150

सवले

20 Sलेकल

1151

लमेलेनQली

1152

बो मनQली

जोयदा

21 जोयदा

1153

बमनगी

1154

नगरी

येQलपुरा

22 मंचीकेरी

1155

केशिनकोडलू

1156

भरणी

1157

वनकेमने

1158

उ मचागी

1159

थुडुगुनी

1160

कंगोडा

1161

थेरीमU

1162

गुडंदू*

1163

जमबेसला

1164

बैलंदूरा

1165

ओनीतोटा

1166

गेरला

1167

दोनगरा

शु( मैसूर बीज े

शु( मैसूर बीज े

शु( मैसूर बीज े

शु( मैसूर बीज े –अित-र.

अित-र.

अित-र.

अित-र.

तुमकूर

तुमकूर

हेVबूर - हेVबूर

1

हेVबूर

2

िगरीनायकनपाQया

3

मारादीगरपाQया

4

िसdनायकनपाQया

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4749

5

ग_ेनरसैनापाQया

6

कलकेरे

7

कलकेरे पाQया

8

सगैहनपाQया

9

शानेगौड़नापाQया

10

नरसापुरा

11

िसdणनपाQया

12

संगलापुरा कॉलोनी

हेVबूर -

गंगोनपाQया

13

महीमनापाQया

14

गोQलरहPी

15

जी.एच. रीसाला

16

नागेनहिQल

17

कुंबीपाQया

हेVबूर -

गंगोनपाQया

18

सीनTपानाहिQल

19

सीनTपानहिQलकालोनी

20

कोडूमु_नहिQल

21

कुंटरायानापाQया

22

SणसेमरदापाQया

हेVबूर - कनकुTपे

23

मणीकसबरपाQया

24

5लगपुरा

25

कचेनाहिQल

26

कनकुTपे

27

बोवीपाQया

28

Vयाटारायनापुरा

29

मरीय मनपाQया

तुमकूर

30

बैचेनाहिQल

31

गरगदकुTपे

32

रायवरा

33

ित मसं$ा

34

िचUदेवरहPी

35

मरीिचUiयापाQया

हेVबूर - बQलगेरे

36

बQलगेरेकवल

37

कQयाणपुरा

38

हनुमंतनगर

39

दो3ेiयानाकPेपाQया

40

वUोडiयनापाQया

41

दसेगौडनापाQया

42

दासरहQली

4750

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

43

माय मनापाQया

कुिणगल

Sिलयूरदूगा4-

िनदसले

44

चालमनसं$ा

45

िशवनहिQल

SFीदुगा4

46

नागनहिQल

47

स?डलगेरे

रामनगरम

मागडी

सोलूर

48

सोलूर

49

`Vबनकेरे

50

`Vबनकुंटे पाQया

51

अरसीनकुंटे

52

टीएमजी पाQया

53

चोलापाQया

54

ित मसं$ा

55

िसdांiयानपाQया

56

Vयालाकेरे

57

हUनल

58

होसापाQया

59

अनकनापाQया

60

एम.आर.पाQया

61

भ$ापाQया

62

रंगेनहिQल

63

बीसं$ा

64

हेमपुरा

65

गंगेनापुरा

66

Sदकुंटे

कूदूर

67

अलदकPे

68

ए.एम.पाQया

69

वoहQली

70

केमपोहQली

71

बेतरपाQया

72

येसTपानपाQया

73

कनसं$ा

74

अरेपाQया

75

चीलूर

76

थेरनाहिQल

77

हनुमपुरा

मदबल

78

जूदोघPा

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4751

79

कवलपाQया

80

पूलहQली

81

टी.जी.पाQया

तिमल नाडू राय

तिमल नाडू राय

तिमल नाडू राय

तिमल नाडू राय

िज बीज े

िज बीज े

िज बीज े

िज बीज े

िजला

िजला

िजला

िजला

तालुक

तालुक

तालुक

तालुक

हो ली

हो ली

हो ली

हो ली/लॉक

/लॉक

/लॉक

/लॉक

म

म

म

म

!ाम का नाम

!ाम का नाम

!ाम का नाम

!ाम का नाम

रेशमक"ट उपजाित

रेशमक"ट उपजाित

रेशमक"ट उपजाित

रेशमक"ट उपजाित

सं.

सं.

सं.

सं.

धमा4पुरी

पTपीरे3ीपPी

मोरTपूर

1

जलीयूर

ह*र

2

िचकुTपम

नामUल

रसीपुरम

वेंदूर

3

कलनकुलम

ित*Tपूर

धम4पुरम

धरपुरम

4

कनकयमपाQयम

ित*वमलै

वंथवसल

को\टुपUम

5

को\टुपUम

पुदुकोPै

कुलथूर

कंतकोइल

6

नQलथंगलपPी

सीएसआर2 , सीएसआर4, एफसी1 &

एफसी2

वीरालीमलै

7

थेथीरायनपPी

अलनकुडी

ित*वरनकुलम

8

थडीयमनइ

9

वDकटकुलम

पुदुकोPै

कांथतवकोPै

10

कुपuनपPी

करमबकुडी

करमबकुडी

11

थीथनीपPी

छ$ीसगढ़

छ$ीसगढ़

छ$ीसगढ़

छ$ीसगढ़ राय

राय

राय

राय

तसर बीज े

तसर बीज े

तसर बीज े

तसर बीज े

िजला

िजला

िजला

िजला

तालुक

तालुक

तालुक

तालुक

हो ली

हो ली

हो ली

हो ली/लॉक

/लॉक

/लॉक

/लॉक

म

म

म

म

!ाम

!ाम

!ाम

!ाम का नाम

का नाम

का नाम

का नाम

रेशम

रेशम

रेशम

रेशम क"ट उपजाित

क"ट उपजाित

क"ट उपजाित

क"ट उपजाित

सं.

सं.

सं.

सं.

जांगीर

भामनीदीह

भमनीदीह

1

सारागांव

बलोदा

बलोदा

2

रामपुर

िFज

3

मSदा

4

करहीदी

कंकेर

चारमा

चारमा

5

चारमा

िFज

नारहरपुर

नारहरपुर /कंकेर

6

नवगांव

रायगढ़

घरघोदा

घरघोदा

7

घरघोदा

घरघोदा

तमनर

8

गरे बुदीया कसदोल

लैलूंगा

9

कतकलीया

धमा4जैगर

धमा4जैगर

10

हटी

खारसीया

खारसीया

11

बरा

दिवज

सारनगढ़

सारनगढ़

12

कनकबीरा

बरमकेला

13

कंडोला

बरमकेला

14

सरीया

4752

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

घरघोदा

घरघोदा

15

कुदुमकेला

तमनर

16

तमनगर

धमा4जैगर

धमा4जैगर

17

सीvWगा

सारनगढ़

सारनगढ़

18

कनकबीरा

बरमकेला

19

बरमकेला

िFज

20

तोरना

21

5सघारी

22

ड?गरीपाली

असम राय

असम राय

असम राय

असम राय

मूगा बीज े

मूगा बीज े

मूगा बीज े

मूगा बीज े

िजला

िजला

िजला

िजला

तालुक/हो ली

तालुक/हो ली

तालुक/हो ली

तालुक/हो ली/लॉक

/लॉक

/लॉक

/लॉक

म

म

म

म

!ा

!ा

!ा

!ाम का नाम

म का नाम

म का नाम

म का नाम

रेशमक"ट उपजाित

रेशमक"ट उपजाित

रेशमक"ट उपजाित

रेशमक"ट उपजाित

सं.

सं.

सं.

सं.

डीhूगढ़

wटगखxग

1

1 सं.गांधीया

ऐिbथ0रया आसामा

2

2 सं.गांधीया

3

1 सं.बेटोनी

4

रायड?गीय

5

नचानी

6

केकूरी सोनोवाल

7

ओफुलीय सोनोवाल

8

2 सं.थDगल

खोवांग

9

नहोरानी

10

Sंगुिb गया

11

कोरडोइगुरी

12

नपथर

13

नतून भरली

14

कतैगुरी

टDगखाट

15

तमूलीखात

16

बोरबम

जॉयपुर

17

1 सं.दोलमुरी

18

सुकनी

19

िनगम

20

कोमरगांव

21

कD दुगुरी

कचार

अyी

22

थलीRाम

23

चूंगूरबांड

24

ितलनगर

25

जीबंRम

26

कुमचेरा

27

डोलोइचेरा

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4753

28

जोयपुरा

29

मोहनखल

सोनीतपुर

बालीपारा

30

उलुब*

31

तराबरी

32

बालीपारा

33

उदमरी

34

भलूकपुंग

रंगपरा

35

उपर कचरीगांव

36

2 सं. नहरनीRांट

बोरसोला

37

बोरोसला

38

बोरभोिगया

39

नतून बोरझार

40

पब बोरझार

41

पिचम बोरजहर

काम;प

बोनगांव

42

दोलतोवा

43

संतैकोना

44

बतकुची

45

मेकमदल

46

मजैलरी मोड?गप

47

ललमित

48

कोमपदूली

49

बuगजDग

50

वाकमेगzाप

51

नोपारा

ऐिbथ0रया आसामा

51

zोनपारा

बोको

53

मेगाडाप

54

समरंग

55

हहीम

56

दैनी तरबरी

57

ब{परा

58

सखती

59

रानीखत

60

उTपरतरबरी

61

टंगखुला

बोको

62

िगहनीमरा

63

नमतराबरी

64

दोइनी

65

दैनी तरबरी

66

गोहलकोना

गोलपारा

रंगजूली

67

साल पारा

4754

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

68

मलंगकोना

69

चोरैबाहा

70

बुरबुरी

71

ब{पारा

72

गारोपारा

73

सोनालीपरानौवापारा

74

पतपारा

75

औगुरी

76

कहीबरीगरोपारा

77

मदंग

78

ितलापारा

79

चेचजझारा

80

धनुभंग

81

बमुनपारा

82

जोलापारा

83

दकुआकता

84

ओयमरी

85

दुरमरी

86

बतबरी

87

@दयोधवीता

88

फकरपारा

89

पलसा

90

कथलमुरी

91

धोनतोला

92

गतीयपारा

93

गोहीलबोरी

94

पीपलीबरी

95

पुतीमरी

96

सवलीबोरी

97

बाघदोबा

बलीजना

98

भलूकदूबी

99

कु*वाभाषा

100

भोइशखुली

101

दोसरपारा

102

अलंगपारा

103

कQयानपुर

104

बूधीपारा

105

कोचपारा

106

सोलमरी

107

ह0टगांव

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4755

108

बोदहापुर

109

बैजुरी

ऐिbथ0रया आसामा

110

बोरदक

111

दलोक

112

रपखापारा

बलीजना

112

दोरापारा

113

चौकापारा

114

पखरपारा

लखीपुर

115

मोघो

116

हतीसीला

117

ज?गपारा

118

तीसीमकली

119

बलसरी

120

नेहलीवीता

121

बैदा

जोरहट

चीपहीखुला

122

ककोजन

123

पीराकोता

124

होल?गपारा

125

मबकुकुरचोवा

126

मोरंगांव

127

बैलूंग गांव

किलयापानी

128

जोगदूर

129

कलीपानी गोहैन गांव

130

सीमोलीगुरी

131

बलमा

132

हंचारा

133

बामुनपुखरी

तीताबार

134

रंगजन

135

बीबीजन

136

बो;ला

137

राजबहार

138

खरखोवा

139

बेबजीय

140

@दयोघो0रया

141

कचूघाट

142

तोकौबरी

सेलDघाट

143

हेमलै

144

नकचारी

145

बोलीमोरा

146

इरागांव बोमगया

4756

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

147

चूंगी लहWग

148

मोरोनगीअल

गोलघाट

पदुमोनी

149

कब*गांव

150

बोगोरीजDग

151

चेलDगी

कथालगुरी

152

सं.1 सेनचोवा

153

सं.2 सेनचोवा

154

दखीन मौखुवा

155

अकागांव

156

दुलखोरीय

बोकखत

157

थंगल फान

मोर?ग

158

प?का

159

बोरचापोरी

ककदुंग

160

बतीपोरीया

161

कचुगांव

162

सुमोनी

सा*पाथार

163

जलजोरी

164

लंगथा

165

िबलपाथर

166

नवजान

ऐिbथ0रया आसामा

लखीपुरा

नरायनपुर

167

घंगरा

168

स?धारा

169

केसे*गुरी

170

घेमगढ़

171

1 सं.र?गतो

172

तीनीअली हंडीक़

173

3 सं.िनमूरी

174

4 सं.िनमूरी

175

बलीपुखुरी

176

जुतूलीबारी

177

बाSपाथर

178

बातीपा0रया

179

नवघुली

180

पनीगांव

181

खलीहमरी

182

जोरहतीय

183

बेज़रचुक

184

भीतरडोलोनी

185

गेलेक

186

दीब*आ

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4757

िशवसागर

चपंगानी

187

Sदु पारा अभयपु0रया

खंिगया गांव

खेलूवा

188

बनमुख दे5हिगया

189

बारहो5तग

190

बोगीदल भरलीगांव

देमौ

191

बोइरघीबार

192

कचरीपाथर

193

पतकु

अमगुरी

194

दुिलया गांव

सोनरी

195

सेपॉन ितफोक गांव

पि8म अभोरीपुर

196

मथुरापुर भकोत गांव

एरी बीज े

एरी बीज े

एरी बीज े

एरी बीज े

िजला

िजला

िजला

िजला

तालुक/होली/लॉक

तालुक/होली/लॉक

तालुक/होली/लॉक

तालुक/होली/लॉक

म

म

म

म

!ाम का नाम

!ाम का नाम

!ाम का नाम

!ाम का नाम

रेशमक"ट उपजाित

रेशमक"ट उपजाित

रेशमक"ट उपजाित

रेशमक"ट उपजाित

सं.

सं.

सं.

सं.

िडhूगढ़

बरब*आ

1

मधुपुर देवरी गांव

@फलोसोिमया 0रिसनी - nेत जाित

सादा व धVबायुp

2

परोिलगुरी

3

गोहैगांव

4

ितनसु@कया गांव

5

1 सं.सेसाकोश

6

मनकोटा

7

हितमोरा

खोवांग

8

2 सं.चराईहािब

9

ग?धोइगुरी

10

गजपु0रया कोनवार गांव

11

गजपु0रया नेपाली गांव

जॉयपुर

12

कचरी पाथर

@फलोसोिमया 0रिसनी -@दफू जाित

करबी अंगलॉग

लुंबज?ग

13

इंगी गांव

14

सरते तेरॉगांव

15

िहदी सािजर गांव

16

िज़रला गांव

17

तरलनगसो गांव

18

राम5सग तेरॉगांव

समेलांगसो

19

र?गमीरन बेयगांव

20

cदगासो तेरॉगांव

21

भलूकजन गांव

4758

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

22

िचनत?ग हनसेगांव

23

मेशपारा गांव

24

पालम एंगटी गांव

हवराघाट

25

लान,लDग तेर?गांव

आyी

26

उमसुवै मॉडल िवलेज

27

रामफन गांव

28

उमसलन गांव

29

िहउbदू बॉि त

30

मलांग गांव

31

बोरम0रजन गांव

32

कQयाणपुर

@फलोसोिमया 0रिसनी - nेत जाित

सादा व धVबायुp

33

द*इखल

34

5जबनRाम

कचार

कचार

35

Dचनगर

36

तैफुंनगर

37

गुआबारी

38

खासपुर

सोनीतपुर

सूितया

39

चारDगीया

40

ना-पाम

41

बारा भूयन

42

नलबढ़ी बोरभेती

43

जोयिसधी

44

बािलजुरी

45

िनज़ारपार

ना-दुआर

46

तलकाबारी

47

बोरपखुरीपार

48

दीकारायगुरी

49

कुसुमटोला

50

0रहाबारी

51

गोहाई चुक

52

तुपीया

53

बेतगुरी

54

ह5तगा

55

नािबल

56

तौभांग

57

नहरबारी

बलीपारा

58

िसरंगजूली

59

दलंगबती

60

मोरीसुती

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4759

61

अमलॉगा

62

बाटाबारी

63

चापागुरी

64

धेकदोल

65

बोरपुखुरीपार

रंगपारा

66

ऊपर कचारीगांव

@फलोसोिमया 0रिसनी - nेत जाित

सादा व धVबायुp

67

2 सं.नहरानीRांट

68

2 सं.नमनीगांव

बोरसोला

69

बोरसोला

70

नैतुन बोज़हार

71

पब-बोरझार

72

दालबारी

बीहागुरी

73

घातुवा

74

िनरैओित

75

ब*आदोलोनी

76

पुितमारी

77

बपुभेटी

78

बोरगांव चापरी

79

प?जरी

80

उलूबारी

81

1 सं.बरफूकुरी

धे@कयाजूली

82

सीराजूली सFा

83

ब?डैजरानी

84

पीराकाता

85

बगरीबाडी

86

5सहरी

87

नहरबारी

88

मज़-रौमारी

89

बलीसुित

90

पंच-नॉय

नागांव

कथीयाटोली

91

छोटा कॉडोली

उदली

92

लांग मैलू

बीनाकंदी

93

मोदरतोली

होजाई

उदली

94

लांग मैलू

बीनाकंदी

95

मोदरतोली

काम;प

चायनी बो*दुअर

96

खोखापारा

@फलोसोिमया 0रिसनी - बोरदुआर

बगान जाित सादा, धVबायुp व जेhा

97

मािनकपुर

98

बोरदुआर

99

तDगखल

100

हितबंधा

4760

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

101

घीलाबारी

102

युजूला

103

उमसोर

104

हनपारा

105

राजापारा

106

नागांव

107

पतगांव

108

सलसेर

काम;प

रानी

109

बाटाबारी

@फलोसोिमया 0रिसनी - बोरदुआर

बगान जाित सादा, धVबायुp व जेhा

110

िमलानपुर

111

िबलपारा

112

रानीबारी

113

ज़ीमपुता

114

2 सं.जपांगपुरी

115

मैरापुर

116

गणेशपारा

117

पुनमपुर

118

बोरजूली

119

हेरकाजूली

120

पUालाइन

121

सामपुर

छायागांव

122

नारायणपुर

123

सीिमयन

124

रंगमित

125

जोगीबारी

126

पतगांव

127

औगुरी

128

2 स.रतनपुर

129

भेरभेरी

130

दकुआपारा

131

करदेगुरी

132

रतनपुर

133

बोरजहर

134

जलूकाबारी

ब?गांव

135

िनिचनपुर

136

लमगांव

137

लमपारा

138

चौधुरीपारा

139

फालापुंग

140

संतीपुर

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4761

141

बोरखाल

142

1 सं.बोरखाल

143

ल*बामा

लुक बेकेली

144

हाटीपारा

145

मौचौवा

146

गारोघुSली

147

लांगकोना

148

नंबरजूली

149

सुकुनीपारा

150

िगरीमा

151

बोरीपारा

152

भालापारा

153

उलीपारा

154

गरबंधा

155

दावगांव

दीमो0रया

156

कलनपुर

157

मगुरसीला

158

तलानी

गोलपारा

रंगजुली

159

साल पारा

@फलोसोिमया 0रिसनी - nेत जाित,

सादा एवं धVबायुp

160

मलंगकोना

161

चोराईबाल

162

बुराबुरी

163

बखरापारा

164

गरोपारा

165

सोनालीपारा

166

नौपारा

167

पतपारा

168

औगुरी

169

हदीपारा

170

गारोवीता

171

गारोपारा

172

सारापारा

173

महजोनपारा

174

राउमरी

175

सुतरपारा

176

सरदारपारा

177

सीिमलीटोला

178

डॉ,टोपारा

179

देवनपारा

4762

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

कुचधोवा

180

कुमारपारा

181

बंगालपारा

182

बेचीमारी

183

स$ापारा

184

हतखोलाबारी

बलीजाना

185

हांथीगांव

186

बोदहपुर

187

बैजुरी

188

बोरदक

189

दलोक

190

रोखापारा

191

दोरापारा

192

चौकापारा

193

पखारपारा

194

सT लेकांता

195

कतापारा

196

पुितमरी

197

ाइमरी

198

केतकबारी

199

Iारका

200

देवली

@फलोसोिमया 0रिसनी - nेत जाित,

सादा व धVबायुp

201

कोसलोतपारा

धेमाजी(जोनाई

उपम7डल)

मरकॉगसेलेक जनजाित िवकास खंड

202

केमी जेलूम

203

लेकु जेलूम

204

उजोइनी बीजोयपुर

205

उदपुर देबे चपोरी

206

मजुलीपुर सं.1 + सं.2

207

जमीजDग

208

हंदीक िमलॉन

209

सं.3 मुरक?ग सेलेक

210

सीमेन चपोरी

211

हंगामा चपोरी

212

ब*बली

213

कोरोयबारी

दरांग

पि8म मंगलडोई

214

कबीकरा

215

दहीगंनकपारा

216

दही बिनयापारा

217

सोतानगर

पुब मंगलडोई

218

बंदीया

219

के.बं@दया

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4763

220

बं@दया चपोरी

221

अलगाचार

बेचीमारी

222

हीरापारा

223

ब*आझार

224

ब*आपारा

दरांग

बेचीमारी

225

बताबारी

@फलोसोिमया 0रिसनी - nेत जाित,

सादा व धVबायुp

सीपाझार

226

सतघ0रया

227

कबीचूबा

228

चDगापारा

229

बोरदौलगुरी

230

नागांव

231

गो*खुटी

232

समला

233

रायकाबारी

234

झाकुआपारा

235

महािलयापारा

236

नंकारा

कलैगांव

237

कचारीपारा

238

चारं~ा

239

बाघरबारी

जोरहाट

बागचुंग

240

जलूकोनी

241

तमुलबारी

242

खोरीको0टया

243

नगधोली अधोलको0टया

244

खेरिमया

245

नम*िपया

धेकोरगोरह

246

बहफोला

247

कलबारी

248

नमदेउरी

249

को@कलामुख

धेकोरगोरह

250

लोिलतीमुख

251

बोराहोम

252

खुितयापुता

@फलोसोिमया 0रिसनी - nेत जाित,

सादा व धVबायुp

सेलेनघाट

253

हेमलाई

254

नाकाचारी

255

बोलीमोरा

256

एरागांव बोरंगया

257

चूंगी लहWग

258

मॉर?िगया

मजुली

259

रतनपुर

4764

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

260

रौनापारा

261

बोनगांव

262

बंगेनती

263

कनीजन

264

दो0रयागांव

गोलाघाट

पदुमोनी

265

मोकरॉग

266

बलीजन

कथालगुरी पदुमोनी

267

बोटग सेनचौवा

268

कब*

गोमरी

269

गरीगांव

270

मोराचुक

कथालगुरी

271

मोयदामोनी

272

अकागांव

273

नाथगांव

274

सौटोली

मोर?गी

275

पDकगांव

276

कनैघाट

देरागांव

277

सागुढ़ी

278

नतुनचापोरी

279

दनीयचापोरी

280

ना-भ?गा

281

खकंदगुरी

282

कचारीपम

गोलाघाट

देरागांव

283

दखीन डोलीजोला

@फलोसोिमया 0रिसनी - nेत सादा व

धVबायुp

बोकाखात

284

दुसुतीमुख

285

अलामी

बोकाखात

286

राजबारी

287

बोसागांव

सा*पाथर

288

जोलजोरी

289

गेलािबल

290

िबलगांव

291

िबलपाथार

292

नवजान

ककदुंगा

293

बातीपा0रया

मोरीगांव

भूरबंधा

294

औजारी

295

मिणपुर

296

गसरगुरी

मयॉग

297

बखाराबारी

298

गरमारी

299

घाघवा

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4765

300

मीखाबारी

301

कुमारकुची

302

बंगफोर

303

बेिहथा

@फलोसोिमया 0रिसनी - nेत सादा व

धVबायुp

304

खWदेहर

305

सेनैकुची

306

संतीपुर

307

बेSबारी

308

दरेपनीगांव

कपीली

309

िमकरगांव

310

लूककुची

311

पFाबारी

312

बनपारा

ितनसु@कया

ककपथार

313

काकापाथर

314

फलोबरी

315

दनगरी

316

मैथंग

इतखूली

317

मितयाखाना

गुइजन

318

ना-सराय

319

बरगुरी

मरघे0रता

320

नमसल

321

जागुन

322

मकुमपाथर

323

मकुम@कQला

लखीमपुर

नाथ4 लखीमपुर

324

कोरचान

@फलोसोिमया 0रिसनी - nेत, सादा

धVबायुp एवं जेhा

325

भोगमॉन

326

नोवर गांव

327

चरायमारी

328

बकल गांव

329

बोरकमलाब0रया

330

बोरछापरी

331

घुनसुती

332

घरमारा

तेलही

333

गोहैन तेकेला

334

बाहपती नाथ गांव

335

मोदरगुरी

336

दा-गती

337

र?गपु0रया

338

बोरसोरीय

339

जोरिह टया

4766

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

बोगीनदी

340

गगलदुबी बोरखेिलया

लखीमपुर

बोगीनदी

341

गगलदुबी बलीगांव

@फलोसोिमया 0रिसनी - nेत, सादा

धVबायुp एवं जेhा

342

गगलदुबी माजगांव

343

1 सं.लालपानी

344

2 सं.लालपानी

345

बोगीनदी नगर नगांव

346

बोगीनदी कचारी गांव

347

जरधारा

348

कदम बेगान गांव

349

राजगढ़

350

बोधकारा मजगांव

िशवसागर

छापनगनी

351

न-पम ब*वती

352

दुलकखोरीया

353

चानबेषा

354

रेबती कपSवा

355

बौलीमोइदम

@फलोसोिमया 0रिसनी - nेत, सादा

धVबायुp एवं जेhा

गौरीसागर

356

लाइया

357

चीपही

खेलुवा

358

बनमुख नगांव

359

कलूगांव

देमौ

360

कचरीपाथार

361

धुरामुख

362

बाम राजबरी

363

ना-हत

एन.सी.िहQस

(दीमहसौ)

मैबॉग

364

देहर फ?गलो

365

लॉगखार

366

कालाचंद

367

खेजुरबांग

368

दमदी हौवर

369

पूण4 माइबूग

370

गीदWग पार

371

हरी चं$पुर

372

बसबरी

373

दीमलीकपुर

हाफलांग

374

दीकरीक

375

दीबराय

376

दीमलीक राजी

377

तुलाराम राजी

378

तोपोदीशा

379

बोलीदुरा

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4767

380

सूरजनगर

381

अम*दीशा

382

बोरोवाशीिलग

383

लंRी

असम राय

असम राय

असम राय

असम राय

शहतूत बीज े

शहतूत बीज े

शहतूत बीज े

शहतूत बीज े

िजला

िजला

िजला

िजला

तालुक/होली/लॉक

तालुक/होली/लॉक

तालुक/होली/लॉक

तालुक/होली/लॉक

म

म

म

म सं.

सं.

सं.

सं.

!ाम का नाम

!ाम का नाम

!ाम का नाम

!ाम का नाम

रेशमक"ट उपजाित

रेशमक"ट उपजाित

रेशमक"ट उपजाित

रेशमक"ट उपजाित

कचार

कचार

1 कामरंग

बSज - सा*पत

नागांव

कथीयाटोली

2 पि8म सेचोवा

बSज - सा*पत व िनतरी

काम;प

छायागांव

3 जोगीरबारी, र€पुर

बSज - सा*पत व िनतरी

गोलपारा

बलीजना

4 बूधीपारा

एम वी - सा*पत

5 दोरापारा

िIज - एनबी4डी2, सीएसआर1,

सीएसआर2

6 चौकापारा

दरांग

पि8म मंनगलदोई

7 कबीकारा

बSज - स*पत,िनतरीिIज -

सीएसआर1, सीएसआर2, सीएसआर4

8 सोतनगांव

9 बोरमगांव

10 िनज़ दही

11 बनीयापारा

12 गोसाईगांव

पुब मंगलदोई

13 चेनीयलपारा

14 खतनीयापारा (धुला)

सीपझार

15 सतघ0रया

16 बलीपारा

17 बताबारी

18 गभाहारा

19 हQदा

20 िनज़-िसपाझार

21 हरीमु0रया

22 सतखाली

कलैगांव

23 हीरापारा

24 बघरबारी

25 दलाघाट

26 गोरीयपारा

27 चरनधारा

28 हपमारा

29 बलीपोता

30 बहजनी

4768

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

जोरहाट

बगचुंग

31 जलूकोनी

बSज - सा*पत, िनतरीिIज -

सीएसआर1, सीएसआर2, सीएसआर4

32 तमुलबारी

33 खोरीकोटीया

34 नागाघोली

अधोलको0टया

35 खेरिमया

36 नम*िपया

धेकोरगोरह

37 बहफोला

38 कालबारी

39 नामदेवरी

40 पोतीया गांव

41 लोलीितमुख

42 बोराहोम

43 िनमती गोरWयभोगा

44 उTपर बाहफोला

45 नमोनी बाहफोला

46 सगुरी

47 करDग छापोरी

48 उTपर देवरी

49 नाम देवरी

50 छारीघोरीया

जोरहाट

धेकोरगोरह

51 बोरखु

बSज - सा*पत, िनतरीिIज -

सीएसआर1, सीएसआर2, सीएसआर4

तीताबर

52 रंगजान

53 बीबीजान

54 बोरSला

55 राजाबाहर

56 खारखोवा

57 बेरबेजीया

58 देवघोरीया

59 काचुखाट

60 तोकोबारी

जोरहाट

मजौली

61 रतनपुर

62 रौनापारा

63 बेनगांव

64 बेनगेनटी

65 कानीजन

66 दोराइगांव

67 रंगाचाही

68 लूइतपारा

69 सलमोरा

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4769

70 बीरीाबारी

71 गौल गांव

लखीमपुरा

घीलमारा

72 बोरपतीया

िIज - एनबी4डी2, एनबी18,

सीएसआर2Xसीएसआर4

73 स*पतीया

74 धूलपेटा

75 मतनीबारी

76 केकूरी

77 सपेखाती

78 1 सं.घीलामारा

79 कोरोइगुरी

80 बलीयोनोय

81 सोनारी सपारी

82 छारीकुरीया

83 मोरनोइ बेबेजीया

84 पतीर चूक

उर लखमीपुर

85 उ जलपुर

86 काचीपाथर

87 जनकपुर

88 सतकपुर

89 िसयाबारी

90 ना-पम

िशवसागर

गौरीसागर

91 मथीयचीग देहीनगीया

गांव

िIज - सीएसआर1, सीएसआर2 ,

सीएसआर4

खेलूवा

92 कुकुआछुरा

देमौ

93 धुb दरमुख

94 पलांगी

बोडोल5ड

बोडोल5ड

बोडोल5ड

बोडोल5ड टेरीटो-रयल

टेरीटो-रयल

टेरीटो-रयल

टेरीटो-रयल क6िसल

क6िसल

क6िसल

क6िसल (बीटीसी)

(बीटीसी)

(बीटीसी)

(बीटीसी), कोकराझार

कोकराझार

कोकराझार

कोकराझार

एरी बीज े

एरी बीज े

एरी बीज े

एरी बीज े

िजला

िजला

िजला

िजला

तालुक/हो ली

तालुक/हो ली

तालुक/हो ली

तालुक/हो ली/लॉक

/लॉक

/लॉक

/लॉक

म

म

म

म सं.

सं.

सं.

सं.

!ाम का नाम

!ाम का नाम

!ाम का नाम

!ाम का नाम

रेशमक"ट उपजाित

रेशमक"ट उपजाित

रेशमक"ट उपजाित

रेशमक"ट उपजाित

कोकराझार

तालुक- परबतझोरा Vलॉक -

देवीटोला

1 दोलनझोरा

एरी

2 मोलंदुबी

3 ब?गशीझोरा

तालुक - कोकराझार Vलॉक -

तीतागुरी

4 बेथगांव

5 बमुनपारा

6 बोरो कुरसाकती

7 नायकगांव

बकसा

तालुक-मुशलपुर Vलॉक-

मुशलपुर

8 नारायणपुर

9 दारागांव

10 उज़ीबारी

11 जलाह

4770

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

तालुक - तमुलपुर Vलॉक

- नगरीजुली

12 नगरीजूली

तालुक - सलबारी Vलॉक -

सलबारी

13 हसोरा

उदलगुरी

तालुक- उदलगुरी Vलॉक -

उदलगुरी

14 धनसी0र‚ती

15 बारगेन

16 हजोजूली

17 दैफंगखुती

18 वरंग

19 हाबवे

20 बुराचूबूरी

21 अलीकगुरी

22 बोसकोबरी

तालुक- उदलगुरी Vलॉक -

रौता

23 बलीसाहबी

24 दहीगोला

25 बाटाबारी

तालुक - उदलगुरी Vलॉक -

मज़बत

26 नलबारी

27 कलबारी

28 कथपुरी

29 बलीसीहा

मूगा बीज े

मूगा बीज े

मूगा बीज े

मूगा बीज े

िजला

िजला

िजला

िजला

तालुक/हो ली

तालुक/हो ली

तालुक/हो ली

तालुक/हो ली/लॉक

/लॉक

/लॉक

/लॉक

म

म

म

म

!ाम का नाम

!ाम का नाम

!ाम का नाम

!ाम का नाम

रेशमक"ट उपजाित

रेशमक"ट उपजाित

रेशमक"ट उपजाित

रेशमक"ट उपजाित

सं.

सं.

सं.

सं.

कोकराझार

तालुक - कोकराझोर Vलॉक

- तीतागुरी

1 बेसरगांव

मूगा

2 बोरो कुरसकटी

ब,सा

तालुक - मुशलपुर Vलॉक -

जलाह

3 जलाह

4 उज़ीबारी

5 बथौपुरी

तालुक - तमुलपुर Vलॉक

- तमुलपुर

6 कुमारीकाता

तालुक - सलबारी Vलॉक

- सलबारी

7 सलबFी

8 मजोतमखा

उदलगुरी

तालुक - भेरगांव Vलॉक -

भेरगांव

9 नलबारी

10 सी लीबारी

तालुक- भेरगांव Vलॉक -

खैराबारी

11 कुहीरकुची

12 बगरीबारी

13 ज़ारगांव

14 अरDगपारा

तालुक - भेरगांव Vलॉक -

कलैगांव

15 बरजार

16 नीज़-दोला

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4771

मिणपुर राय

मिणपुर राय

मिणपुर राय

मिणपुर राय

िज बीज े

िज बीज े

िज बीज े

िज बीज े

िजला

िजला

िजला

िजला

तालुक/हो ली

तालुक/हो ली

तालुक/हो ली

तालुक/हो ली/लॉक

/लॉक

/लॉक

/लॉक

म

म

म

म सं.

सं.

सं.

सं.

!ाम का नाम

!ाम का नाम

!ाम का नाम

!ाम का नाम

रेशमक"ट उपजाित

रेशमक"ट उपजाित

रेशमक"ट उपजाित

रेशमक"ट उपजाित

इंफाल पूव4

सवोमबंग

1

सेइजांग

सी102 व जे101

2

अचानबीगइ

सी102 व जे101

कैराव

3

बमोन कंपू

सी102 व जे101

इंफाल पि8म

हऔरंग सबल

4

फूमलौ

सी004 व जे003

5

तौथांग

सी004 व जे003

थौबल

कक5चग

6

कक5चग

सी102 व जे101

थौबल

7

लेइर?गतेल

सी102 व जे101

8

उलयल

सी102 व जे101

िब^णुपुर

मोईरंग

9

वांगू

सी004 व जे003

10

कूंबी

सी004 व जे003

नमबल

11

वरोइ5चग

सी004 व जे003

उख*ल

उख*ल

12

Sनडुंगु

सी102 व जे101

सेनापित

सेनािप त

13

सेनापित

सी102 X सी004 व जे101 X जे003

तदुबी

14

कर?ग

सी102 X सी004 व जे101 X जे003

चंदेल

चंडेल

15

पQलेल

सी004 X सी102 व जे003 X जे101

चकपीकर?ग

16

चकपीकरांग

सी004 X सी102 व जे003 X जे101

कंगपोकपी

कंगपोकपी

17

मोलसंग

सी102 X सी004 व जे101 X जे003

सैतु

18

मोतबुंग

सी102 X सी004 व जे101 X जे003

तमDगलांग

नुंगबा

19

नोनी

सी004 X सी102 व जे003 X जे101

20

तुपुल

सी004 X सी102 व जे003 X जे101

सी सी पुर

टी.डी.Vलॉक

21

पDगज़ाल

सी004 X सी102 व जे003 X जे101

22

साइपुम

सी004 X सी102 व जे003 X जे101

2. आगे, उp अिधिनयम क धारा-8 ग क उप-धारा [2] के खंड-[क] क द शिpय? का योग करते Sए केb$ सरकार उp सिमित क

िसफ़ा0रश? पर रेशमकट बीज क अिधसूिचत @कम? अथवा जाितय? के bयूनतम गु णवा मानक? को भी िविन…द† करती है ।

एएन (I) - शहतूत रेशमक"ट के ािधकृत नए ि*ज संकर

(एचएसी *ारा 30.07.2013

30.07.2013

30.07.2013

30.07.2013 को ािधकृत)

म

म

म

म

संसंसंसं.

संकर

संकर

संकर

संकर

राय

राय

राय

राय/े

े

े

े /आंचल

आंचल

आंचल

आंचल

क टपालन आंकड़ा

क टपालन आंकड़ा

क टपालन आंकड़ा

क टपालन आंकड़ा

अंडजनन

अंडजनन

अंडजनन

अंडजनन

मता

मता

मता

मता

(संसंसंसं)

फुटन मता

फुटन मता

फुटन मता

फुटन मता

(%)

उरजीिवता

उरजीिवता

उरजीिवता

उरजीिवता

%

कोसा उपज

कोसा उपज

कोसा उपज

कोसा उपज /100

रोमुबीच

रोमुबीच

रोमुबीच

रोमुबीच (क ा

क ा

क ा

क ा)

!यूपीकरण

!यूपीकरण

!यूपीकरण

!यूपीकरण

दर

दर

दर

दर (%)

कोस& क सं.

कोस& क सं.

कोस& क सं.

कोस& क सं./

क ा

क ा

क ा

क ा

1

सीएसआर50x

सीएसआर51

दिण अंचल नामत: कना टक,

आं देश, तिमलनाडु व

महारा

≥480

≥90

≥90

≥67

≥90

≥550

2

एपी71 x एपी72

दिण अंचल नामत: कना टक,

आं देश, तिमलनाडु व

महारा

≥500

≥ 95

≥ 90

≥ 66

≥ 90

≥ 570

3

(सीएसआर52x

सीएसआर50) x

(सीएसआर51x

सीएसआर53)

भारत के सभी रेशम उ!पादन

अंचल

≥500

≥90

≥90

≥68

≥90

≥540

4772

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

एएन (II) ािधकृत नए ब-ज x ि*ज शहतूत रेशमक"ट संकर

(एचएसी *ारा 4.03.2013

.03.2013

.03.2013

.03.2013 एवं 30.07.2013

30.07.2013

30.07.2013

30.07.2013 को ािधकृत)

म

म

म

म

संसंसंसं.

संकर

संकर

संकर

संकर

राय

राय

राय

राय/े

े

े

े /आंचल

आंचल

आंचल

आंचल

क टपालन आंकड़ा

क टपालन आंकड़ा

क टपालन आंकड़ा

क टपालन आंकड़ा

अंडजनन

अंडजनन

अंडजनन

अंडजनन

मता

मता

मता

मता

फुटन मता

फुटन मता

फुटन मता

फुटन मता

(%)

उरजीिवता

उरजीिवता

उरजीिवता

उरजीिवता

%

कोसा उपज

कोसा उपज

कोसा उपज

कोसा उपज /

100 रोमुबीच

रोमुबीच

रोमुबीच

रोमुबीच

(क ा

क ा

क ा

क ा)

!यूपीकरण

!यूपीकरण

!यूपीकरण

!यूपीकरण

दर

दर

दर

दर (%)

कोस& क सं.

कोस& क सं.

कोस& क सं.

कोस& क सं./

क ा

क ा

क ा

क ा

1

एनxएनबी4डी2

पि#म बंगाल, झारखंड,

ओिडशा, असम, मिणपुर,

मेघालय, नागलै+ड

≥400

≥90

≥90

≥45

≥90

≥650

2

एन(एम)

x(एसके6xएसके7)

पूव- एवं उ/र-पूव- े0

≥ 400

≥ 90

≥ 90

≥ 47

≥ 90

≥ 750

3

एम6डीपी(सी)x

एसके4सी

पूव- एवं उ/र-पूव- े0

≥ 450

≥ 90

≥ 90

≥ 50

≥ 90

≥ 700

एएन (III) – अिधसूचना के िलए ािधकृत नए ि*ज शहतूत रेशमक"ट पैतृक बीज

म

म

म

म

संसंसंसं

जाित

जाित

जाित

जाित

अंडजनन मता

अंडजनन मता

अंडजनन मता

अंडजनन मता

फुटन मता

फुटन मता

फुटन मता

फुटन मता

(%)

उरजीिवता

उरजीिवता

उरजीिवता

उरजीिवता %

कोसा उपज

कोसा उपज

कोसा उपज

कोसा उपज /

100 रोमुबीच

रोमुबीच

रोमुबीच

रोमुबीच

(क ा

क ा

क ा

क ा)

!यूपीकरण दर

!यूपीकरण दर

!यूपीकरण दर

!यूपीकरण दर

(%)

कोस& क सं.

कोस& क सं.

कोस& क सं.

कोस& क सं./ क ा

क ा

क ा

क ा

1

एनबी4डी2

≥475

≥90

≥90

≥45

≥90

≥800

2

एपी71

≥ 500

≥ 95

≥ 89

≥ 60

≥ 90

≥ 640

3

एपी72

≥ 480

≥ 95

≥ 91

≥ 63

≥ 91

≥ 625

4

सीएसआर50

≥475

≥90

≥90

≥62

≥90

≥530

5

सीएसआर51

≥500

≥90

≥92

≥60

≥92

≥550

6

सीएसआर52

≥ 480

≥ 90

≥ 90

≥ 61

≥ 90

≥ 540

7

सीएसआर53

≥ 465

≥ 90

≥ 91

≥ 60

≥ 91

≥ 545

8

एसके4सी

≥ 510

≥ 90

≥ 90

≥ 52

≥ 90

≥ 680

8

एसके6

≥ 505

≥ 90

≥ 90

≥ 48

≥ 90

≥ 660

10

एसके7

≥ 500

≥ 90

≥ 90

≥ 47

≥ 90

≥ 650

एएन (IV) - अिधसूचना के िलए ािधकृत नए ि*ज शहतूत रेशमक"ट पैतृक बीज

म

म

म

म

सं.

सं.

सं.

सं.

जाित

जाित

जाित

जाित

अंडजनन "मता

अंडजनन "मता

अंडजनन "मता

अंडजनन "मता

#फुटन "मता

#फुटन "मता

#फुटन "मता

#फुटन "मता

(%)

उ'रजीिवता

उ'रजीिवता

उ'रजीिवता

उ'रजीिवता

%

को

को

को

कोसा उपज

सा उपज

सा उपज

सा उपज /

100 रोमुबीच

रोमुबीच

रोमुबीच

रोमुबीच

((क)ा

(क)ा

(क)ा

(क)ा)

*यूपीकरण दर

*यूपीकरण दर

*यूपीकरण दर

*यूपीकरण दर

(%)

कोस, क- सं.

कोस, क- सं.

कोस, क- सं.

कोस, क- सं./

(क)ा

(क)ा

(क)ा

(क)ा

1

एम6डीपी(सी)

≥ 450

≥ 90

≥ 90

≥ 36

≥ 90

≥ 850

[फा. सं. 25017/12/2015-रेशम(i)]

सीताराम गुT ता, अवर सिचव

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4773

New Delhi, the 21st December, 2015

S.O. 2336.—In exercise of the powers conferred by sub-section (1) of Section-8 C of Central Silk Board Act,

1948 (LXI of 1948) the Central Govt. after consultation with the Central Silkworm Seed Committee, is of the opinion

that it is necessary and expedient to regulate the quality of silkworm seed and therefore hereby notifies the following

kinds or varieties of silkworm seed and seed cocoons, which shall be produced in the particular State / area as indicated

below against each. The Central Government further notifies that onus lies upon every seed producer or seed cocoon

producer or farmer in the particular notified area to produce notified pure races of silkworm seed/seed cocoon only and

no other kind or varieties of silkworm seed and seed cocoons.

KARNATAKA STATE

Bivoltine Seed Area:

District

Taluk

Hobali

SL.

Name of Village

Silk worm Variety

No.

Belgavi

Belgavi

Belgavi

1

Gugarenatti.

CSR2

2

Nandi halli

Hirebagevadi

3

Bendigeri

4

Sulebavi

5

Nagenatti

6

Badal Ankalgi

7

Muthnal

8

Marihal

9

Modaga

10

Kamakaratti

11

Tummarguddi

12

Darantti

Uchagav

13

Belagundi

14

Sulaga

15

Sonoli

16

Navage

17

Bijagrni

18

Vagavade

19

Yallur

20

Gojaga

21

Aste

22

Agsaga

23

Kallevli

24

Kudremani

25

Rayadurg

26

Bakanur

27

Ankali

Hudali

28

Hudali

29

Honnihal

Bailhongal

Bailhongal

30

Bailhongal

CSR2

31

Devalapur

32

Vkkund

33

Anigol

34

Chivtagundi

35

Bevinakoppa

CSR2

Nesaragi

36

Mallapur

37

Mekalmardi

38

Hanabaratti

39

Naganur

40

Murakibavi

Kithur

41

Kulavlli

42

Hirenandihalli

43

Kadathnal

44

Kalabavi

4774

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

45

Garjur

46

Devagav

Neginahal

47

Neginahal

48

Yaradal

49

Kodhanapur

50

Pattihal.K.B

Khanapur

Khanapur

51

Devalathi

52

Kamasinakoppa

53

Vdebail

54

Karambal

55

Keravad

CSR2

56

Golihalli

57

Modekoppa

58

Boranaki

59

potagal

Bedi

60

Halasi

61

Bekavad

Hukkeri

Hukkeri

62

Yelimunavalli

CSR2

63

Hukkeri

64

Arajunavad

65

Belld bagevadi

66

Hanajanatt

67

Siragav

68

Siradan

69

Hullolli

70

Yadagud

71

Benavad

72

Keshti

73

Jinaral

74

Basapur

75

Bannibagi

76

Bagaranal

77

Bagaranal

78

Hosur

79

Yaragtti

80

Yallapur

81

Sarapur

Belgavi

82

Sirur

CSR2

83

Hagedal

84

Gudas

Yamakanmardi

85

Hthargi

86

Athihal

87

Belavanki

88

U.Khanapur

89

Hanchana;

Sankeshwar

90

Gotur

91

Sankeshwar

92

Bad

93

Ammanagi

94

Nerli

95

Hebbal

96

Badakundri

Savadathi

Savadathi

97

Savadathi

CSR2

98

Kenchalarkoppa

99

Asundi

100

Katamalli

101

Batasur

102

Gurlahosur

103

sangreshakoppa

Munavalli

104

Huli

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4775

105

Hirekumbi

106

Teggihal

107

Sindogi

108

Ykkeri

109

Hirur

110

Hallur

111

Bandarhalli

112

Yenagi

113

Munavlli

114

Muragod

115

Inchal

116

Gonthamar

117

Chikkoppa

118

Rudrapur

119

Mallur

Belgavi

Savadathi

120

Karalkatti

CSR2

121

Yaraganavi

Muragod

122

Mugalihal

123

Sattigeri

124

Mugabasav

Hassan

Alur

Palya

125

Yalaganhalli

CSR2

126

Kallahalli

127

Bavasahalli

128

Kanatur

129

Kaarjuvalli

130

Manjalagodu

131

Honnavalli

132

Haluvalli

Kasaba

133

Nakalgudu

134

Kodagihalli

135

Channapura

136

Togaranahalli

137

Devarajapura

138

Imuttipura

139

Madagere

140

Gowlakatte

141

Agasarahatti

142

Hunasavalli

143

Kavalikere

144

Bharatavalli

Kundur

145

Kaggaravalli

146

Moodanahalli

147

Biligarahalli

148

Merve

K.Hosakote

149

Malagalale

150

Anagalale

Belur

Kasaba Hobali

151

Dabbe

CSR2, CSR2XCSR4

152

Kotiganahalli

153

I. hunasekere

154

nitturu

155

Hebbalu

156

Kallahalli

157

Shambhuganahalli

Madhihalli

158

Sampigemarada

Koppalu

CSR2, CSR2XCSR4

159

Aladahalli

160

Adagur

161

Ramachandrapura

162

Mllikarjunapura

163

Veeradevanahalli

4776

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

164

Moolenahalli

165

Suledevarahalli

166

Somenahalli

167

Soorapura

168

Chilkur

Halebeed

169

Bandilakkanakoppalu

170

kallusettihalli

171

Lingappanakoppalu

172

Dyavappanahalli

173

Machenahalli

174

Chachatanahalli

175

Mayagondanahalli

Biccodu

176

Biccodu

177

Kesagodu

178

Mogasavara

Sakaleshpur

Kasaba

179

Bommanakere

180

Kyanahalli

Hanabalu

181

Kumarahalli

CSR2

182

Bachanahalli

183

Agalahatti

Belagodu

184

Sundahalli

185

Phathimapura

186

Lakundda

187

Hebbanahalli

Yeslur

188

Manjuru

Hassan

Dudda

189

Koravangala

CSR2, CSR2x CSR4,

FC1, FC2, NB4D2

190

Heddanahalli

191

H Mylahalli

192

Jodikrishnapura

193

Attavara

194

Kareborekavalu

Hassan

195

Heragu

196

Kodihalli

Kasaba

197

Hullenahalli

CSR2, CSR2x CSR4,

FC1, FC2, NB4D2

198

D.M.Halli

199

Chikkamandiganahalli

200

Narehalli

201

Ningegowdanakoppalu

202

Tattekere

203

Marganahalli

204

Haluvagilu

205

Anniganahalli

206

Hanmanthapura

207

Kokkangatta

208

Yerehalli

209

Huvinahalli

210

Handinakere

211

Hachagondanahalli

212

Tejur

213

Chikkakondagula

214

Haralahalli

Kattaya

215

Shankaranahalli

CSR2, CSR2x CSR4,

FC1, FC2, NB4D2

216

Gadenahalli

217

Bilagunda

218

D.N.Halli

219

Kattaya

220

Karle

221

Ballakere

222

Muddanhalli

223

Malligevalu

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4777

224

Sattigarahalli

225

Kallahalli

226

Bommenahalli

227

Ontimane

228

Sattigarahallikavalu

229

Sattigarahallikoppalu

Hassan

Salagame

230

Vedavati

CSR2, CSR2x CSR4,

FC1, FC2, NB4D2

231

Madihalli

232

Ramadevarahalli

233

Kakkehalli

234

Shankadahosahalli

235

Somanahalli kavalu

236

Kadadaravalli

237

Soppanahalli

238

Bikanahalli

239

Mallenahalli

240

Maranahalli

Shantigrama

241

Gekaravalli

242

Doddahonnenahalli

243

Varlekoppalu

244

Shantigrama

245

Ranganathapura

246

H Byrapura

Shantigrama

247

Haranahalli

CSR2, CSR2x CSR4,

FC1, FC2, NB4D2

Hassan

248

Kanajanahalli

249

Mosalehosahalli

250

Kurubarahalli

251

Bantarahalli

252

Muttigehirehalli

253

Mosale

254

Huluvare

255

Tamalapura

Arasikere

Kasaba

256

Yadapura

CSR2, CSR2x CSR4,

FC1, FC2, NB4D2

257

Javanahalli

258

Bommanahalli

259

Murundi B Tandya

260

Murundi

261

Gollarakoppalu

262

Talatore

263

Bochenahallikavalu

264

Nagenahalli

265

Dummenahalli

266

A.N.Halli

267

Yerehalli

268

Vittalapura

Kanakatte

269

Haralakatta

270

Giribommenahalli

271

Rampura

272

Doddametekurke

Gandasi

273

Adihalli

CSR2, CSR2x CSR4,

FC1, FC2, NB4D2

274

Chindenahalli

275

Hosahalli B

276

Srirampura

277

Mangalapura

278

Kenkere

279

Mavinakere

280

Narammanahalli

281

Bharmadevarahalli

282

Byragowdanahalli

283

Bageshapura

4778

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

284

Bagivalu

285

Mahadevarahalli

286

Chagachagere

287

Borehalli

288

Jakkahalli

289

Marashettanahalli

290

Huliyappannapalya

291

Appenahalli

292

Bilenahalli

Javagal

293

Arekere

CSR2, CSR2x CSR4,

FC1, FC2, NB4D2

294

Dhanajayapura

295

Kasturikoppal

296

Tirupatihalli

297

Javagal

298

Kolagunda

299

Attiguddakavalu

Banavara

300

Valehalli

301

Byrambudi

302

Banavara

Holenarasipura

Kasaba

303

Ankavalli

304

Gannikada

305

Holeambige

306

Hulivalu

307

Nagalapura

308

Tattekere

309

Doodabyagatavalli

Hassan

310

Hangarahalli

311

Teranya

Halekote

312

Hariharapura

Holenarasipura

313

Yelleshpura

314

Doddakunchevu

315

Ontiguddakavalu

316

Barehosuru

317

Gunisatenahalli

318

Kinnarahalli

319

Mudalakoppalu

Hallimysore

320

Kallahalli

321

Singanaguppe

322

Jogikoppalu

323

Gohalli

324

Hadya

325

Guddenahalli

326

Motanayakanahalli

327

Niduvani

328

Lakkuru

329

Elechaganahalli

330

C.Hindalahalli

331

Boovanhalli

332

Keragodu

333

Udduru Hosahalli

334

Bandishettihalli

335

K Muddanhalli

336

Chittanahalli

337

Vadenahalli

338

Jodigubbi

339

Machagodanahalli

340

Bidarakka

341

Nerale

342

Edegondanahalli

343

Marahalli

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4779

344

Ragihalli kavalu

345

Makaballi

346

Honnenahalli

347

Anekanambadi

348

Maranayakanahalli\

Hassan

Hallimysore

349

Bachenahalli

CSR2, CSR2x CSR4,

FC1, FC2, NB4D2

350

Gulladapura

351

Alagondanahalli

352

Nagaranahalli

353

Hiritalalu

354

Idiganahosuru

Channaraya

patna

Kasaba

355

Nalluru

356

Nandipura

357

Dindaguru

358

Chikkagondanhalli

359

Karimaranahalli

360

V. Somanhalli

361

Devigere

362

Kalasinda

363

M. Honnenahalli

364

Nagasamudra

365

Manchiganahalli

366

Sasalupura

367

Mallenahalli

368

Yaduvanahalli

369

Haralahalli

370

Adaguru

371

Dadadahalli

372

A. Cholenahalli

373

Doddaganni

374

G. Bendenahalli

375

Marenahalli

Dandiganahalli

376

Baladare

377

Udayapura

378

Bettadapura

379

Hirihalli

380

Vagarahalli

381

Y. Singenahalli

382

Yaliyuru

383

Jakkenahalli

384

Belaguli

385

Modalapura

386

Appenahalli

387

D. Karadevu

Channaraya

patna

388

B.Chwadenahalli

389

Baraguru

390

Chikkamatthigatta

391

Upinahalli

392

Dharasigatta

393

Madaba

394

Hosoru

395

Daddamathigatta

396

Kattarigatta

397

Nanbihalli

398

Malenahalli

399

N. Bendenahalli

400

Kallenahalli

401

Sagathavalli

402

Nadanahalli

Shravana Belagola

403

Gurigaranahalli

4780

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

404

Manjunathapura

405

Aladahalli

406

Korenahalli

407

B. Honnenahalli

408

Sundahalli

409

Kabbalu

410

Kantirayapura

411

Aruvanahalli

412

Halumathigatta

413

Baralu

414

Gagibommenahalli

415

B. Manchenahalli

416

Sanenahalli

Baguru

417

Kodihalli

418

Valagerahalli

419

K.Thimlapura

420

Bichagodanahalli

421

Kembalu

422

Kakkihalli

423

Bidare

424

Balagatta

425

M.Shivara

426

Muddanahalli Kavalu

427

B. Honnenahalli

428

Kumbarahalli

429

Chavvenahalli

430

Navile

Hirisave

431

Arakere

432

Sorekayipura

433

Mathigatta

434

Kasaranahalli

435

Biranahalli

436

Channenahalli

437

Dasarahalli

438

M.Hosoru

439

Indranahalli

440

Huligere

441

D.Thumakuru

442

Mandalikanahalli

CSR2, CSR2x CSR4,

FC1, FC2, NB4D2

443

Kabballi

Nuggehalli

444

Athihalli

445

Jamburu

446

Hulikere

447

Madihalli

448

Hanumanthapura

449

Sosalagere

450

Virupakshapura

451

Channagonahalli

452

Santheshivara

453

Rampura

454

Hullenahalli

455

Duggenahalli

456

Karehalli

Tumkur

Chikkanayakana

Shettikere

457

Honnebagi

CSR- Pure races &

CSR Hybrids

halli

458

Kadenanahalli.

459

Shettikere

460

Kodalagara

461

Beteranganahalli

462

Mallagondanahalli

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4781

463

Ranganathapura

464

Manchekatte

465

Siddapura

466

Tharabenahalli

467

Hesarahalli

468

Aralikere

469

Kuppuru

470

Thammadihalli

471

Thotegowdanapalya

472

Bagganahalli

Kandikere

473

Belavadi

474

Byranakatte

475

Bheemakkanakatte

476

Barakanahall

477

Siddanakatte

478

Badakegudlu

479

Hullenahalli

480

Madanahalli

481

Astrihall

482

Ajjigudde

483

Singadahalli

484

Chikkabidare

485

Doddabidare

Huliyaru

486

Muthugadahalli

487

Ambarapura

488

Nulenuru

489

Kallenahalli

Tiptur

Kasaba

490

T.L. Palya

CSR Pure races & CSR

Hybrids

491

Ganganagatta

492

Dasarighatta

493

Huchanahalli

494

S. Hosur

495

S. lakkihalli

496

Basavanahalli

497

Chikkabidare

498

Dasihalli

Tumkur

499

Thadasur

500

Konehalli

501

Chatnahalli

502

Kodihalli

Honnavalli

503

Halkurike

504

Manjunathapura

505

Basavarajapura

506

Malladevihalli

507

Gyaragatta

508

Vasudevanahalli

509

Manukikere

Nonavinakere

510

Nagaraghatta

511

K.Mallenahalli

512

Yadagarahalli

513

Honnenahalli

514

N. Melanahalli

515

Nellikere

516

Gopalapura

517

Mugtihalli

518

Karikere

519

Bajagur

520

Hullenahalli

521

Masavanaghatta

522

Sannenahalli

4782

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

523

Sugur

524

Mathighatta

525

Jaipura

526

Nonavinakere

Tumkur

TIPTUR

527

Albur

CSR Pure races &

Hybrids

Kibbanahalli

528

Karadalu

529

Karadalu palya

530

Aralaguppe

531

Nyakenahalli.

532

Kundur

533

Kattehalli

534

Balleyakatte

535

Bommenahalli

536

Kamagondanahalli

537

Hindiskere Palya

538

Ginakikere

539

Kibbanahalli

540

Kundurpalya

TURUVEKERE

Kasaba

541

Kallanakere

542

Dwaranahalli

543

Madihally palya

544

Sanglapura

545

H.Bommanahally

546

Chikkonahally

547

Thalekere

548

Kallakere

549

Muthugadahally

550

K.Hoshally

551

Maddanahally

552

Hebbe Nagasandra

553

Chikkapura

554

Kachihally

555

Bommenahally

556

K. Dodderi

557

Ittigehally

558

Byadarahally

559

Doddamalligere

560

Sondemaranahally

561

Banasandra

562

Kunikenahally

563

Kodigehally

Tumkur

TURUVEKERE

Kasaba

564

Abalakatte

CSR Pure races &

CSR Hybrids

565

Marasarakottige

566

Doddagattha

567

Chikkanahally kaval

568

Marappanahally

569

Thandaga

570

Naduvinahally

571

Hulikal

572

Brahmadevarahatty

573

Aladahally

574

Gopalapura

575

Harikaranahally

576

Dombaramahatty

577

Thovinakere

578

Goppenahally

579

Chimmanahally

580

Srirampura

581

Doddenahally

582

Kurubarahalli

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4783

583

Malladevanahally

584

Kappuru

585

B.C. Kavalu

586

Guddaiahnapalya

587

Angadigere

Mandya

K.R.Pet

Kasaba

588

Mosale. Koppalu

CSR2, CSR2x

CSR4,FC1, FC2,

NB4D2

589

Kamanahalli

590

Nargonahalli

591

Ballekere

592

Yemmadahalli

593

Areboovanahally

594

Krishnarajapet

595

Mathigatta

596

Yedahalli

597

Kalegowdanakoppalu

598

Laxmipura

599

Bandi Hole

600

Agrahara Bachahalli

601

Harirayana halli

602

Govindegowdana

Koppalu

603

Hariharapura

604

Bommenahalli

605

Hosaholalu

606

Gandinagara

607

Bellibettadakaval

608

Kundanahalli

609

Chikkonahalli

610

Pura

611

Mallenahalli

Bookinakere

612

Vittalapura

613

Yagachakuppe

614

Aralakuppe

615

Maduvina Kodi

616

Natanahalli

617

Paradeshigowdana

Koppalu

618

Kapanahalli

619

Bukanakere

620

Ranganathapura

621

Modur

622

BommegowdanaKoppalu

CSR2, CSR2x

CSR4,FC1, FC2,

NB4D2

623

Bannanakere

624

KeremegalaKoppalu

625

Ichanahalli

626

Bannenahalli

627

Chokanahalli

628

Bommalapura

629

Agasarahalli

630

Mathikere

631

Ganjigere

632

Doddagadiganahalli

633

Mavinakere

634

Kattally

635

Kurubarahally

636

Mudigere

Kikkeri

637

Chujjalakyatanahalli

638

Govindanahalli

639

Echalaguddekaval

4784

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

640

Kempikoppalu

641

Uginahalli

642

Bidarahalli

643

Chowdenahalli

644

Sollepura

645

Kikkeri

646

Bhadranakoppalu

647

Ikanahalli

648

Basavanahalli

649

Anegola

650

Mandalikanahalli

651

Thenginagatta

652

Margonhalli

653

Lakshmipura

Akkihebbalu

654

Sravananahally

655

Mandagere

656

Kyathanahally

657

Chowda samudra

658

Manchibeedu

659

Hangaramuddanahally

660

Vaddaragudi

661

Jainahalli

662

Somanahalli

663

Ambigarahalli

664

Mudalapura

665

Akkihebbalu

Sheelnere

666

Honnenahalli

667

Hemmadahalli

668

Maradahalli

669

Anchemuddnahalli

670

Hralahalli

671

Mailanahalli

672

Neethimangala

673

Rajaghatta

674

Maruvanahalli

675

Uygonahalli

Santhe bachahalli

676

Koratikere

677

Narayanapurakoppal

678

Hubbanahalli

679

Appanahalli

680

Kotthamaranahalli

681

Gidadaboppanahalli

682

Mavinakattekoppal

Mandya

K.R.Pet

Santhe bachahalli

683

Lokanahalli

CSR2, CSR2x CSR4,

684

Bedadahalli

FC1, FC2, NB4D2

Bangalore

Urban

Anekal

Kasaba

685

Samanduru

CSR2, CSR2x

CSR4,FC1, FC2,

NB4D2

686

[S.Madivala]

687

[S.Thimmasandra]

688

[Gandhinagara]

689

Channena Agrahara

690

Maranayakanahalli

691

Sabmangala

692

Geratagenabele

693

Kuvempunagar

694

Gudnahalli

695

Muthagatte

696

Chikkanahalli

697

Kurubarahatti

698

Vanakanahalli

699

Sunavara

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4785

700

Singasandra

701

Soluru

702

Menasiganahalli

703

[Kempudommasandra]

704

Choodenahalli

705

Patnagere Gollahalli

706

Kalanayakanahalli

707

Bidarakadahalli

708

Telagarahalli

709

Karpuru

710

Aravantigepura

711

Handenahalli

712

Rachamanahalli

713

Bidaragere

714

Bestamanahalli

715

[Dinnuru]

716

Byagadenahalli

717

Kunmadivala

718

Kempavaderahalli

719

Doddahagade

720

[Yallammanapalya]

721

Avadenahalli

722

Kammasandra

Agrahara

723

[Kavalahosahalli]

724

Chikkahagade

725

Thattanahalli

726

Soppahalli

727

Suragajakkanahalli

728

Sidihosakote

729

Gowrenahalli

730

Honnakalasapura

731

A.Medihalli

732

Agasathimmanahalli

733

Hasiruvani

734

Amanikere Doddakere

735

Sannanayakanapura

736

[Siddanapalya]

737

Aduru

738

[Chinnayanapalya]

739

[Bodarahalli]

740

Indlavadi

741

[Laxmipura]

742

[Basavanapura]

Bangalore

Urban

Anekal

Kasaba

743

Arehalli

CSR2, CSR2x

CSR4,FC1, FC2,

NB4D2

744

[Bangladoddi]

745

Bagganadoddi

746

Kadujakkanahalli

747

Rajannaoddi

748

Billayanadoddi

749

[Nagaiyanadoddi]

750

Thammanayakanahalli

751

Choodahalli

752

Chikkahosahalli

753

Chikkanahalli

754

Indlavadipura

755

[Karakalaghatta]

756

Mutturu

757

Mysorammanadoddi

758

[Thimmaiahanadoddi]

4786

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

759

Thimmasandra

760

Kumbarahalli

761

Lingapura

762

[Nayanahalli]

Jigani

763

Haragadde

764

Seethanayakanahalli

765

Nosenuru

766

N.Gollahalli

767

Haragadde Vaddarahalli

768

Madapatna

769

Dyavasandra

770

Kallabalu

771

Giddenahalli

772

J.Bangipura

773

Vaderamanchanahalli

774

Bukkasagara

775

[Sattasabi Dinne]

776

[Kasuvinkunte]

777

Mahanthlingapura

778

Balar bande

779

Krishnadoddi

CSR2, CSR2x

CSR4,FC1, FC2,

NB4D2

780

Pujjarisingayandoddi

781

Yallamandoddi

782

Giddegowdandoddi

783

Madappandoddi

784

Javaregowdandoddi

785

Dasappandoddi

786

Goninayakandoddi

787

Bommandhalli

788

Konasandra

789

Harapanhalli

790

Kuppasiddaiandoddi

791

Jigani

792

Bandenallasandra

793

Kyalasanhalli

794

[Srirampura]

795

Hennagara

796

Hennagara Amanikere

797

Yarandahalli

798

H.Hosahalli

799

Kachanayakanahalli

800

Mastenahalli

801

Hinnakki

802

Rajapura

803

Ramakrishnapura

804

Hulimangala

805

Maragondanahalli

806

S.Bingipura

Bangalore

Urban

Anekal

Jigani

807

Podu

CSR2, CSR2x

CSR4,FC1, FC2,

NB4D2

808

Kempapura

809

Vabasandra

810

Nanjapura

811

Koppa

812

Koppagate

813

Shikaripalya

814

Ragihalli

815

[Madayandoddi]

816

[Koratageredoddi]

817

[Annayandoddi]

818

[Sevanayakandoddi]

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4787

819

[Ramanayakandoddi]

820

[Basavandoddi]

821

Shivanhalli

822

[Vantemaranhalli]

823

[Muninanjappandoddi]

824

[Sollepuradoddi]

825

[Puttegowdandoddi]

826

Subbegowdandoddi]

827

Jaipurdoddi

828

[Kariyappandoddi]

829

[Ujinappandoddi]

830

[Kateridoddi]

831

[Gundayandoddi]

832

Mudlyandoddi

833

Mantapa

834

Kaleswari

835

Jangalpalya

836

[Vajarahalli[

837

Hullahalli

838

[Chattekerepalya]

839

[Chinnayanpalya]

840

Laxmipura

841

[Sampangiramanagar]

842

Halesampigehalli

843

Malenallasandra

844

Rayasandra

845

Sakalavara

846

Hulkasavanhalli

Attibele

847

Vaderhalli

848

Begihalli

849

Amani Bidarkere

850

Bujangdasankere

851

Bannerughatta

852

Bannerughattakaval

853

[Kempanayakanhalli]

854

Sampigehalli

855

Butanhalli

856

[Hakkipikki colony]

857

Shilindradoddi

858

[Byatarayandoddi]

859

[Bylamaradoddi]

860

Byarappanhalli

861

Kannanayakanagrahara

862

[Kuluvepalya]

863

Amruthnagar

864

[Munimarandoddi]

865

Bilvaradahalli

866

{Shanubhoganhalli[

867

[Kenchayandoddi]

868

[Kysaraguppe]

869

Gollahalli

870

Attibele

871

Ballur

872

Dasanpura

CSR2, CSR2x

CSR4,FC1, FC2,

NB4D2

873

Kodlipura

874

Arehalli

875

Halehalli

876

Mayasandra

877

Mutasandra

878

Kamblipura

4788

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

879

[Harohalli]

880

M.Medihalli

881

Baktipura

882

Bidaraguppe

883

[Malenhalli]

884

Narasapura

885

Indlabele

886

Chikkanhalli

887

Jigala

888

Arenuru

889

Chandapura

890

Laxmisagara

891

Chandapura Chatrakane

892

Ramasagar

893

Andapura

894

Heelalage

895

Iggalur

896

Neraluru

897

Thirumagondanahalli

898

Balagaranahalli

899

Yadavanhalli

900

Adigondanahalli

901

Bendiganahalli

902

Guddahatti

903

Krishnasagar

904

Giddenhalli

905

Ichanguru

906

[Ichanguru

Vaddarpalya

907

Hebbagodi

908

Thirupalya

909

Veerasandra

910

Gollahalli

911

Kammasandra

912

Vaddarapalya

913

Bommasandra

914

Kithaganhalli

Anekal

Sarjapura

915

Banahalli

CSR2, CSR2x

CSR4,FC1, FC2,

NB4D2

915

Banglapete

916

Sarjapura

917

Mugalur

918

Kutaganhalli

919

[Bhovipalya]

920

Panditan Agrahara

921

Mattnahalli

922

Gudigattanhalli

923

Doddathimmasandra

924

Mahalchoudenhalli

925

Kuguru

926

Banahalli

927

Thindlu

928

Madappanhalli

929

Deshapandegattahalli

930

Seeganayakanahalli

931

Chikkanahalli

932

Kamanhalli

[Rajivgandhinagar]

933

Neriga

934

Chikkanekkundi

935

Nekundidommasandra

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4789

936

Jantagondanhalli

937

Gonigatapura

938

Katariguppe

939

Heggondhalli

940

Halasahallitippasandra

941

Ramanayakanhalli

942

Chikkadasarahalli

943

Nagengrahara

944

Chikkavadenur

945

Handenahalli

946

Kotaganhalli

947

Sollepura

948

Bikanhalli

949

S.Medihalli

950

Billapura

951

Buregunte

952

Adigarkallahalli

953

[Sultanpalya]

954

Tyvakanahalli

955

Byalhalli

956

Bilchikkanhalli

957

Yamare

958

Sompura

959

Kadagrahara

960

Chambenhalli

961

T.C.halli

962

B.Hosahalli

963

V.Kallahalli

964

Ittanguru

965

Dommasandra

966

Muthanalluru

967

Narayanghatta

968

Alibommasandra

969

Samanhalli

970

Gopasandra

971

Kommasandra

972

Chikkathimmasandra

973

Singenagrahara

974

Muthanalluru

Amanikere

975

Chikkadonnasandra

976

Huskur

977

Gulimangala

978

Avalhalli

979

Chokkasandra

980

Harohalli

981

Chintalmadivala

982

Kaggalipura

983

Kudlu

984

Gattahalli

985

Choodasandra

986

Rayasandra

987

Chikkanagamangala

988

Shantipura

989

Vaddarpalya

Kodagu

Madikeri

Baghamandala

990

Cherangala

CSR2

991

Sannaduliketu

992

Korangala

993

Koppatty

4790

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

Kodagu

994

Bettageri

CSR2

995

Tavuru

Sampage

996

Hapatturu

997

Biligeri

Virajapete

998

Bellumadu

Somavara pete

Kushalanagar

999

Bhuvanagiri

CSR2 , CSR4

1000

Hudugooru

1001

Chikkatturu

1002

Doddatturu

1003

Heruru

1004

Balluru

1005

Manajuru

1006

Basavanahalli

1007

Basavanaturu

Somavarapete

1008

Abburu Katte

1009

Beluru

1010

Kusaburu

1011

Tanniruhalla

1012

masagodu

ShanivaraSante

1013

Kugekodi

1014

Hosagutti

CSR Hybrid

Kodalipete

1015

Chikkakunda

1016

Nirugunda

1017

Janardhanahalli

1018

Shirangala

1019

Kitturu

1020

Koneganahalli

1021

Maagadahalli

1022

Hosagutti

Uttar Kannada

Ankola

1. Belale

1023

Thogase

CSR pure races & CSR

Hybrids

1024

Beerala bail

1025

Hilluru

1026

Karikal

1027

Sunkasala

1028

Achave

1029

Mabagi

1030

Kuntakani

2. Belekeri

1031

Haravada

Bhatkal

3 Susudi

1032

Agga

1033

Antravalli

4 Mavalli

1034

Shirali

1035

Koppa

Haliyala

5 Murkavada

1036

Hullati

1037

Chatranala

1038

B.K. Halli

1039

Kavalavada

1040

Nandigadda

1041

Murkavada

1042

Golehalli

1043

Thegnalli

1044

Alolli

1045

Havagi

1046

Gutthigeri

1047

Satnalli

1048

Hunasavada

1049

Mundakki

1050

Madnalli

6 Dandeli

1051

Yadoga

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4791

1052

Ramapura

1053

Aalura

7 Sambrani

1054

Kurigadda

Uttar Kannada

Haliyala

1055

Agasalakatta

CSR Pure aces and

CSR Hybrids

1056

Ajagava

Honnavara

8 Mavinakurva

1057

Hukkalli

1058

Kolagadde

9 Manki

1059

Kuchcholi

1060

Mundaru

1061

Magodu

10 Honnavara

1062

Kadniru

1063

Hodikeshirooru

1064

Chandavara

Karwara

11 Kinnara

1065

Bargal

1066

Beluru

1067

Nagekove

Kumata

12 Mirjana

1068

Betkuli

1069

Mulekeri

1070

Hebail

1071

Horemaski

1072

Shrigunji

1073

Marakal

1074

Hunsekoppa

1075

Halagadde

13 Koojalli

1076

Mundgejaddi

1077

Diwalli

1078

Kojalli

1079

Ulluru

1080

Kallabbe

Mundagoda

14 Mundagoda

1081

Thattihalla

1082

Shidlagundi

1083

Induru

1084

Attabail

1085

Basavanajaddi

1086

Bekkoda

Siddapura

15 Kondli

1087

Bikkalase

1088

Chanamaov

1089

Hanchinachappara

1090

Hakkalakeri

1091

Thyarsi

1092

Golagoda

16 Umbalemane

1093

Ganadamane

1094

Arishinagoda

1095

Attisavala

1096

Heggarabail

1097

Thalagara

1098

Kulle

1099

Kesarala

1100

Thandagundi

17 Kodkani

1101

Admane

1102

Shiroru

1103

Gunavaththe

1104

Vandaane

1105

Birlamakki

1106

Bailalli

1107

Alavalli

1108

Lakkijaddi

1109

Nellikoppa

1110

Puradamatha

1111

Malavalli

4792

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

1112

Igalikoppa

1113

Manamane

1114

Arenduru

1115

Arasibail

1116

Keelara

1117

Kotekoppa

1118

Jikkinamadaki

1119

Thenginamakki

Siddapura

17 Kodkani

1120

Konanathale

CSR Pure aces and

CSR Hybrids

1121

Basavanabail

1122

Maragadde

Uttar Kannada

1123

Benanagundi

1124

Mastane

1125

Halagadde

1126

Hosuru

1127

Chandragatagi

Shirasi

18 Banavasi

1128

Danaganahalli

1129

Kotekoppa

1130

Malalagava

1131

Gharsi

19 Sampakhanda

1132

Kibbali

1133

Neggu

1134

Banatkodlu

1135

Korse

1136

Hanikeri

1137

Bandala

1138

Keregani

1139

Kolagibees

1140

Devanalli

1141

Koddagadde

1142

Hukkalebail

1143

Hallikeri

1144

Kanamane

1145

Bikkigadde

1146

Saraguppa

1147

Hasanagi

1148

Sawale

20 Hulekal

1149

Lmalenalli

1150

Bommanalli

Joyada

21 Joyada

1151

Bamanagi

1152

Nagari

Yellapura

22 Manchikeri

1153

Keshinakodlu

1154

Bharani

1155

Vanakemane

1156

Ummachagi

1157

Thuduguni

1158

Kangoda

1159

Tharimakki

1160

Gudanduru

1161

Jambesala

1162

Bailandoora

1163

Onithota

1164

Gerala

1165

Donagara

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4793

KARNATAKA

PURE MYSORE SEED AREA -

ADDITIONAL

District

Taluk

Hobali- Panchayat

SL.

No.

Name of Village

Tumkur

Tumkur

Hebbur - Hebbur

1

Hebbur

2

Girinayakanapalya

3

Maradigarapalya

4

Siddanayakanapalya

5

Gaddenarasainapalya

6

Kalkere

7

Kalkere palya

8

Saggaihnapalya

9

Shanegowdanapalya

10

Narasapura

11

Siddannanapalya

12

Sangalapura colony

Hebbur -

Gangonapalya

13

Mahimanapalya

14

Gollarahatty

15

G.H. Risala

16

Nagenahally

17

Kumbipalya

18

Seenappanahally

19

Seenappanahally

colony

20

Kodumuddanahally

21

Kuntarayanapalya

22

Hunasemaradapalya

Hebbur - Kanakuppe

23

Manikasabarapalya

24

Lingapura

25

kachenahally

26

kanakuppe

27

Bovipalya

28

Byatarayanapura

29

Mariyammanapalya

30

Bychenahally

31

Garagadakuppe

32

Rayavara

33

Thimmasandra

34

Chikkannadevarahatty

35

Marichikkaiahnapalya

Hebbur - Ballagere

36

Ballagerekaval

37

kalyanapura

38

Hanumantanagara

39

Doddaiahnakattepalya

40

Vakkodaiahnapalya

41

Dassegowdanapalya

42

Dasarahally

43

Mayammanapalya

Kunigal

Huliyurdurga -

Nidasale

44

Chalamanasandra

45

Shivanahally

Hutridurga

46

Naganahally

47

Sondalagere

Ramanagaram

Magadi

Solur

48

Solur

49

Ombathanakere

50

Ombathanakunte palya

51

Arasinakunte

52

TMG Palya

53

Cholapalya

4794

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

54

Thimmasandra

55

Siddaihanapalya

56

Bylakere

57

Hakkinal

58

Hosapalya

59

Ankanapalya

60

M.R.Palya

61

Bhadrapalya

62

Rangenahally

63

Bittasandra

64

Hemapura

65

Gangenapura

66

Hudakunte

Kudur

67

Aladakatte

68

A.M.palya

69

Vajarahalli

70

Kempohalli

71

Bestarapalya

72

Yessapanpalya

73

Kansandra

74

Arepalya

75

Cheeloor

76

Theranahalli

77

Hanumapura

Madabal

78

Joodoghatta

79

kavalpalya

80

Polohalli

81

T.G. Palya

TAMIL NADU STATE

Bivoltine Seed Area

District

Taluk

Hobali/ Block

SL.

No.

Name of Village

Silk worm Variety

Dharmapuri

Pappireddipatti

Morappur

1

Jaliyur

CSR2 , CSR4, FC1 &

FC2

Harur

2

Chinnakuppam

Namakkal

Rasipuram

Vennandur

3

Kalankulam

Thiruppur

Dharapuram

Dharapuram

4

Kanakayampalayam

Thiruvvannamalai

Vanthavasal

Kottupakkam

5

Kottupakkam

Pudukottai

Kulathur

Kannanthakoil

6

Nallathangalpatti

Viralimalai

7

Thennathirayanpatti

Alankudi

Thiruvarankulam

8

Thadiyamanai

9

Venkatakulam

Pudukkottai

Kantharvakottai

10

Kuppaiyanpatti

Karambakudi

Karambakudi

11

Theethanipatti

CHHATISGARH STATE

Tasar Seed Area

District

Taluk

Hobli/Block

SL.

Name of Village

Silk worm Variety

No.

Jangir

Bhamnidih

Bhamnidih

1

Saragaon

Trivoltine

Baloda

Baloda

2

Rampur

3

Mahuda

4

Karhidi

Kanker

Charama

Charama

5

Charama

Trivoltine

Narharpur

Narharpur

Kanker

6

Navagaon

Raigarh

Gharghoda

Gharghoda

7

Gharghoda

Bivoltine

Gharghoda

Tamnar

8

Gare budiya Kasdol

Lailunga

9

Katkaliya

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4795

Dharamjaigarh

Dharamjaigarh

10

Hati

Kharsiya

Kharsiya

11

Barra

Sarangarh

Sarangarh

12

Kanakbira

Baramkela

13

Kandola

Baramkela

14

Sariya

Gharghoda

Gharghoda

15

Kudumkela

Trivoltine

Gharghoda

Tamnar

16

Tamnagar

Dharamjaigarh

Dharam-

jaigarh

17

Sisringa

Sarangarh

Sarangarh

18

Kanakbira

Baramkela

19

Baramkela

20

Torna

21

Singharee

22

Dongripalee

ASSAM STATE

Muga Seed Area

District

Taluk/Hobli/Block

SL.

Name of Village

Silk worm Variety

No.

Dibrugarh

Tingkhong

1

1 No. Gandhia

Antheraea assama

2

2 No. Gandhia

3

1 No. Betoni

4

Raidongia

5

Nachani

6

Kekuri Sonowal

7

Ouphulia Sonowal

8

2 No. Thengal

Khowang

9

Nahorani

10

Hunghungia

11

Kordoiguri

12

Napathar

13

Natun Bharali

14

Kathalguri

Tengakhat

15

Tamulikhat

16

Borbam

Joypur

17

1 No.Dolamuri

18

Sukani

19

Nigam

20

Komargaon

21

Kenduguri

Cachar

Amri

22

Thaligram

23

Chungoorbond

24

Tilanagar

25

Jibangram

26

Kumacherra

27

Doloicherra

28

Joypura

29

Mohankhal

Sonitpur

Balipara

30

Ulubaru

31

Tarabari

32

Balipara

33

Udmari

34

Bhalukpung

Rangapara

35

Upar Kacharigaon

36

2 No. Naharanigrant

Borsola

37

Borosla

38

Borbhogia

39

Natun Borjhar

40

Pub Borjhar

41

Pachim Borjhar

4796

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

Kamrup

Bongaon

42

Dolathowa

43

Santaikona

44

Batakuchi

45

Mekamadal

46

Majailari Mowdongop

47

Lalmati

Boko

48

Kompaduli

49

Bangjeng

50

Walkmegadrop

51

Noapara

52

Dronpara

53

Megadop

54

Samarang

55

Hahim

56

Daini Tarabari

57

Bakrapara

58

Sakhati

59

Ranikhat

Antheraea assama

60

Uppertarabari

61

Tangkhula

62

Gihanimara

63

Namtarabari

64

Doini

65

Daini Tarabari

66

Gohalkona

Goalpara

Rangjuli

67

Sal para

68

Malangkona

69

Choraibaha

70

Buraburi

71

Bakrapara

72

Garopara

73

SonaliparaNowapara

74

Patpara

75

Ouguri

76

Kahibarigaropara

77

Madang

78

Tilapara

79

Chechajhora

80

Dhanubhanga

81

Bamunpara

82

Jolapara

83

Dakuakata

84

Aoimari

85

Duramari

86

Batabari

87

Deodhavita

88

Fakirpara

89

Palsa

90

Kathalmuri

91

Dhontola

92

Gathiapara

93

Gohailbori

94

Piplibari

95

Puthimari

96

Sawlibori

97

Baghdoba

Balijana

98

Bhalukdubi

99

Kuruwabhasha

100

Bhoishkhuli

101

Dosorapara

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4797

102

Alangpara

103

kalyanpur

104

Budhipara

105

Kochpara

106

Solmari

107

Hatigaon

108

Bodahapur

109

Baijuri

110

Bordak

111

Dalok

112

Rpkhapara

Balijana

113

Dorapara

Antheraea assama

114

Chowkapara

115

Pakharpara

Lakhipur

116

Mogho

117

Hatisila

118

Jongpara

119

Tisimkali

120

Balasari

121

Nehalivita

122

Baida

Jorhat

Chipahikhula

123

Kakojan

124

Pirakota

125

Hollongpara

126

Mabkukurachowa

127

Morangaon

128

Bailung gaon

Kaliapani

129

Jogduar

130

Kaliapani gohain gaon

131

Simoliguri

132

Balama

133

Hanchara

134

Bamunpukhuri

Titabar

135

Rangajan

136

Bibijan

137

Borhula

138

Rajabahar

139

Kharkhowa

140

Bebejia

141

Deoghoria

142

Kachukhat

143

Tokoubari

Selenghat

144

Hemlai

145

Nakachari

146

Bolimora

147

Eragaon Borngaya

148

Chungi Lahing

149

Morongial

Golaghat

Padumoni

150

Kabarugaon

151

Bogorijeng

152

Chelengi

Kathalguri

153

No. 1 Senchowa

154

No. 2 Senchowa

155

Dakhin Mowkhuwa

156

Akagaon

157

Dulakhoria

Bokakhat

158

Thangal faon

Morong

159

Ponka

160

Borchapori

Kakadunga

161

Batiporia

4798

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

162

Kachugaon

163

Sumoni

Sarupathar

164

Jaljori

165

Langtha

166

Bilpathar

167

Nawjan

Lakhimpur

Narayanpur

168

Ghagara

169

Sondhara

170

Kesseruguri

171

Dhemagarh

172

1 No.Rongato

Antheraea assama

173

Tiniali Handique

174

3 No. Nimuri

175

4 No. Nimuri

176

Balipukhuri

177

Jutulibari

178

Bahupathar

179

Batiparia

180

Nawghuli

181

Panigaon

182

Khalihamari

183

Jorhatia

184

Bezarchuk

185

Bhitardoloni

186

Geleki

187

Dibarua

Sivasagar

Chapangani

188

Hudu para Abhaipuria

Khangia gaon

Kheluwa

189

Banmukh Dehingia

190

Barhoiting

191

Bogidal Bharaligaon

Demow

192

Boiraghibar

193

Kacharipather

194

Patsaku

Amguri

195

Dulia gaon

Sonari

196

Sepon Tiphok gaon

Paschim Abhoripur

197

Mathurapur Bhakot

gaon

Eri Seed Area

District

Taluk/Hobli/Block

SL.

Name of Village

Silk worm Variety

No.

Dibrugarh

Barbaruah

1

Madhupur Deori Gaon

Philosomia ricini -

White variety, Plain &

dotted

2

Paroliguri

3

Gohaigaon

4

Tinsukia Gaon

5

1 no. Sessakosh

6

Mankota

7

Hatimora

Khowang

8

2 no. Charaihabi

9

Gondhoiguri

10

Gajpuria Konwar gaon

11

Gajpuria Nepali gaon

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4799

Joypur

12

Kacharipathar

Philosomia ricini -

Diphu variety

Karbi Anglong

Lumbajong

13

Enghi gaon

14

Sarthe Terongaon

15

Hidi Sajir gaon

16

Zirla gaon

17

Taralangso gaon

18

Ramsing Terongaon

Samelangso

19

Rongmiran Beygaon

20

Dingso Terang gaon

21

Bhalukjan gaon

22

Chinthong Hansegaon

23

Meshpara gaon

24

Palam Engti gaon

Hawraghat

25

Lancleng terongaon

Amri

26

Umsuwai model vilage

27

Ramphan gaon

28

Umsalan gaon

29

Hiundu Bosti

30

Mallang gaon

31

Bormarijan gaon

32

Kalyanpur

Philosomia ricini -

White variety, Plain &

dotted

33

Daruikhal

34

Jibangram

Cachar

Cachar

35

Prenchnagar

36

Taifunagar

37

Guabari

38

Khaspur

Sonitpur

Sootea

39

Charengia

40

Na-pam

41

Bara bhuyan

42

Nalbari Borbheti

43

Joysidhi

44

Balijuri

45

Nizarpar

Na-Duar

46

Talakabari

47

Borpukhuripar

48

Dikaraiguri

49

Kusumtola

50

Rihabari

51

Gohai chuk

52

Tupia

53

Betguri

54

Hatinga

55

Nabill

56

Toubhanga

57

Naharbari

Balipara

58

Sirangjuli

59

Dalangbasti

60

Morisuti

61

Amloga

62

Batabari

63

Chapaguri

64

Dhekidol

65

Borpukhuripar

Rangapara

66

Upar Kacharigaon

67

2 No. Naharanigrant

68

2 No. Namanigaon

Borsola

69

Borsola

70

Natun Borjhar

4800

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

71

Pub-Borjhar

72

Dalbari

Bihaguri

73

Ghatuwa

74

Niraioti

75

Barauadoloni

76

Puthimari

77

Bapubheti

78

Borgaon Chapari

79

Ponjari

80

Ulubari

81

1 No. Barphukuri

Dhekiajuli

82

Sirajuli Satra

83

Bondaijarani

84

Pirakata

85

Bagaribari

86

Singri

87

Naharbari

88

Maz-Rowmari

89

Balisuti

90

Panch-noi

Nagaon

Kathiatoli

91

Chota Kondoli

Udali

92

Long Mailu

Binakandi

93

Modartoli

Hojai

Udali

94

Long Mailu

Binakandi

95

Modartoli

Kamrup

Chayani Borduar

96

Khokhapara

Philosomia ricini-

Borduar Bagan vatriety

plain dotted & Zebra

97

Manikpur

98

Borduar

99

Tengakhal

100

Hatibandha

101

Ghilabari

102

Uijula

Rani

103

Umsore

104

Hanapara

105

Rajapara

106

Nagaon

107

Patgaon

108

Salser

109

Batabari

110

Milanpur

111

Bilpara

112

Ranibari

113

Zimputa

114

2 No. Japangpuri

115

Mairapur

116

Ganeshpara

117

Punampur

118

Borjuli

119

Herkajuli

120

Pakkaline

121

Sampur

Chayagaon

122

Narayanpur

123

Simian

124

Rangamati

125

Jogibari

126

Patgaon

127

Ouguri

128

2 No. Ratanpur

129

Bherbheri

130

Dakuapara

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4801

131

Kardeguri

132

Ratanpur

133

Borjhar

134

Jalukabari

Bongaon

135

Nichinpur

136

Lamgaon

137

Lampara

138

Choudhuripara

139

Phalapung

140

Santipur

141

Borkhal

142

1 No. Borkhal

143

Larubama

Luki Bekeli

144

Hatipara

145

Mouchowa

146

Garoghuli

147

Longkona

148

Namberjuli

149

Sukunipara

150

Girima

151

Boripara

152

Bhalapara

153

Ulipara

154

Garbandha

155

Dawgaon

Dimoria

156

Kalangpur

157

Magursila

158

Talani

Goalpara

Rangjuli

159

Sal para

Philosomia ricini -

white variety, Plain &

dotted

160

Malangkona

161

Choraibaha

162

Buraburi

163

Bakhrapara

164

Garopara

165

Sonalipara

166

Nowapara

167

Patpara

168

Ouguri

169

Hadipara

170

Garovita

171

Garopara

172

Sarapara

173

Mahajonpara

174

Rowmari

175

Sutarpara

176

Sardarpara

177

Simlitola

178

Doctopara

179

Dewanpara

Kuchdhowa

180

Kumarpara

181

Bangalpara

182

Bechimari

183

Sadrapara

184

Hatkholabori

Balijana

185

Hatigaon

186

Bodahapur

187

Baijuri

188

Bordak

189

Dalok

190

Rokhapara

4802

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

191

Dorapara

Philosomia ricini -

white variety, Plain &

dotted

192

Chwokapara

193

Pakharpara

194

Saplekanta

195

Katapara

196

Puthimari

197

Primary

198

Ketkibari

199

Dwarka

200

Dewli

201

Koslotpara

Dhemaji(Jonai

Sub.divn.)

Markongselek Tribal Dev. Block

202

Kemi Jelum

203

Leku Jelum

204

Ujoini Bijoypur

205

Udapur debe chapori

206

Majulipur No.1 + No.2

207

Jamjing

208

Handique Milon

209

No.3 Murkong selek

210

Simen chapori

211

Hangma Chapori

212

Barubali

213

Koroibari

Darrang

Paschim Magnaldoi

214

Kabikara

215

Dahiganakpara

216

Dahi Baniapara

217

Sotanagar

Pub Mangaldoi

218

Bandia

219

K. Bandia

220

Bandia Chapori

221

Algachar

Bechimari

222

Hirapara

223

Baruahjhar

224

Baruapara

Bechimari

225

Batabari

Sipajhar

226

Satgharia

227

Kabeichuba

228

Chengapara

229

Bordoulguri

230

Nagaon

231

Gorukhuti

232

Samala

233

Raikabari

234

Jhakuapara

235

Mahaliapara

236

Nankara

Kalaigaon

237

Kacharipara

238

Charandhra

239

Bagharbari

Jorhat

Bagchung

240

Jalukoni

241

Tamulbari

242

Khorikotia

243

Nagadholi Adholkotia

244

Khermia

245

Namrupia

Dhekorgorah

246

Bahfola

247

Kalbari

248

Namdeuri

249

Kokilamukh

250

Lolitimukh

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4803

251

Boarahom

Philosomia ricini-

white variety, Plain &

Dotted

252

Khutiaputa

Selenghat

253

Hemlai

254

Nakachari

255

Bolimora

256

Eragaon Bornagaya

257

Chungi Lahing

258

Morongial

Majuli

259

Ratanpur

260

Raunapara

261

Bongaon

262

Bengenati

263

Kanijan

264

Doriagaon

Golaghat

Padumoni

265

Mokrong

266

Balijan

Kathalguri Padumoni

267

Borting Senchowa

268

Kabaru

Gomari

269

Garigaon

270

Morachuk

Kathalguri

271

Moidamoni

272

Akagaon

273

Nathgaon

274

Sautoli

Morongi

275

Penkagaon

276

Kanaighat

Deragaon

277

Sawguri

278

Natunchapori

279

Daniachapori

280

Na-Bhonga

281

Khakandguri

282

Kacharipam

Golaghat

Deragaon

283

Dakhin Dolijola

Philosomia ricini -

white, plain dotted

Bokakhat

284

Dusutimukh

285

Alami

Bokakhat

286

Rajbari

287

Bosagaon

Sarupathar

288

Joljori

289

Gelabil

290

Bil gaon

291

Bilpathar

292

Nawjan

Kakadunga

293

Batiparia

Morigaon

Bhurbandha

294

Oujari

295

Manipur

296

Gasarguri

Mayong

297

Bakharabari

298

Garmari

299

Ghaghwa

300

Tikhabari

301

Kumarkuchi

302

Bangfor

303

Behitha

Philosomia ricini -

white, plain dotted

304

Khindehar

305

Senaikuchi

306

Santipur

307

Behubari

308

Darepanigaon

Kapili

309

Mikirgaon

310

Lukakuchi

4804

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

311

Patrabari

312

Banpara

Tinsukia

Kakapather

313

Kakapather

314

Philobari

315

Dangari

316

Maithang

Itakhooli

317

Matiakhana

Guijan

318

Na-sarai

319

Barguri

Margherita

320

Namsal

321

Jagun

322

Makumpathar

323

Makumkilla

Lakhimpur

North Lakhimpur

324

Korchan

Philosomia ricini -

white, plain dotted &

Zebra

325

Bhogmon

326

Knowar gaon

327

Charaimari

328

Bakal gaon

329

Borkamalabaria

330

Borchapari

331

Ghunasuti

332

Gharmara

Telahi

333

Gohain Tekela

334

Bahpati Nath gaon

335

Modarguri

336

Da-gati

337

Rongpuria

338

Borsoria

339

Jorhatia

Boginadi

340

Gagaldubi Borkhelia

341

Gagaldubi Baligaon

Philosomia ricini -

white, plain dotted &

Zebra

342

Gagaldubi Majgaon

343

1 No. Lalpani

344

2 No. Lalpani

345

Boginadi Nagar Nagaon

346

Boginadi Kachari gaon

347

Jaradhara

348

Kadam Bagan gaon

349

Rajgarh

350

Bodhkara Majgaon

Sivasagar

Chapangani

351

Na-pam Baruwati

352

Dulakakhoria

353

Chanbesha

354

Rebati Kapahuwa

355

Baulimoidam

Philosomia ricini -

white, plain dotted &

Zebra

Gaurisagar

356

Laichapori

357

Chipahi

Kheluwa

358

Banmukh Nagaon

359

Kalugaon

Demow

360

Kacharipather

361

Dhuramukh

362

Bam Rajabari

363

Na-hat

N.C. Hills

(Dimahasao)

Maibong

364

Dehar Phonglo

365

Longkhar

366

Kalachand

367

Khejurbong

368

Damadi Hower

369

Purna Maibong

370

Giding par

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4805

371

Hari chandrapur

372

Basabari

373

Dimalikpur

Haflong

374

Dikrik

375

Dibarai

376

Dimalik raji

377

Tularam raji

378

Topodisha

379

Bolidura

380

Surajnagar

381

Amrudisha

382

Borowashilling

383

Langri

ASSAM STATE

Mulberry Seed Area

District

Taluk/Hobli/Block

SL.

Name of Village

Silk worm Variety

No.

Cachar

Cachar

1

Kamranga

Multivoltine - Sarupat

Nagaon

Kathiatoli

2

Paschim Senchowa

Multivoltine - Sarupat & Nistari

Kamrup

Chayagaon

3

Jogirbari, Ratanpur

Multivoltine - Sarupat & Nistari

Goalpara

Balijana

4

Budhipara

MV - Sarupat

5

Dorapara

Bivoltine - NB4D2, CSR1, CSR2

6

Chowkapara

Darrang

Paschim

Mangaldoi

7

Kabikara

Multivoltine - Sarupat, Nistari

Bivoltine - CSR1, CSR2, CSR4

8

Sotangaon

9

Bornagaon

10

Niz Dahi

11

Baniapara

12

Gosaigaon

Pub Mangaldoi

13

Chenialpara

14

Khataniapara (Dhula)

Sipajhar

15

Satgharia

16

Balipara

17

Batabari

18

Gabhara

19

Halda

20

Niz-sipajhar

21

Harimuria

22

Satkhali

Kalaigaon

23

Hirapara

24

Bagharbari

25

Dalanghat

26

Goriapara

27

Charandhara

28

Hapamara

29

Balipota

30

Bahjani

Jorhat

Bagchung

31

Jalukoni

Multivoltine - Sarupat, Nistari

Bivoltine - CSR1, CSR2, CSR4

32

Tamulbari

33

Khorikotia

34

Nagadholi Adholkotia

35

Khermia

36

Namrupia

Dhekorgorah

37

Bahfola

38

Kalbari

4806

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

Jorhat

39

Namdeuri

40

Potia gaon

41

Lolitimukh

42

Borahom

43

Nimati Goriabhoga

44

Upper Bahfola

45

Namoni Bahfola

46

Saguri

47

Kareng Chapori

48

Upper Deuri

49

Nam Deuri

50

Charighoria

Dhekorgorah

51

Borkhu

Multivoltine - Sarupat, Nistari

Bivoltine - CSR1, CSR2, CSR4

Titabar

52

Rangajan

53

Bibijan

54

Borhula

55

Rajabahar

56

Kharkhowa

57

Berbejia

58

Deoghoria

59

Kachukhat

60

Tokoubari

Majauli

61

Ratanpur

62

Raunapara

63

Bongaon

64

Bengenati

65

Kanijan

66

Doraigaon

67

Rangachahi

68

Luitpara

69

Salmora

70

Birinabari

71

Goul gaon

Lakhimpur

Ghilmara

72

Borpatia

Bivoltine - NB4D2, NB18,

CSR2XCSR4

73

Sarupatia

74

Dhulpeta

75

Matanibari

76

Kekuri

77

Sapekhati

78

1 No. Ghilamara

79

Koroiguri

80

Balionoi

81

Sonari sapari

82

Charikuria

83

Mornoi Bebejia

84

Patir Chuk

North Lakhmipur

85

Ujjalpur

86

Kachipathar

87

Janakpur

88

Satakpur

89

Siabari

90

Na-pam

Sivasagar

Gaurisagar

91

Mathiachiga Dehingia gaon

Bivoltine - CSR1, CSR2 , CSR4

Kheluwa

92

Kukurachuwa

Demow

93

Dhundarmukh

94

Palangi

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4807

BODOLAND TERRITORIAL COUNCIL (BTC), KOKRAJHAR

Eri Seed Area

District

Taluk/Hobli/Block

SL.

Name of Village

Silk Worm Variety

No.

Kokrajhar

Taluk- Parbatjhora

Block- Devitola

1

Dolanjhora

Eri

2

Molandubi

3

Bongshijhora

Taluk-Kokrajhar

Block-Titaguri

4

Bethagaon

5

Bamunpara

6

Boro Kursakati

7

Nayakgaon

Baksa

Taluk-Mushalpur

Block- Mushalpur

8

Narayanpur

9

Daragaon

10

Uzirbari

11

Jalah

Taluk- Tamulpur

Block - Nagrijuli

12

Nagrijuli

Taluk-Salbari Blk

Salbari

13

Hasora

Udalguri

Taluk- Udalguri

Block-Udalguri

14

Dhansirikhti

15

Bargain

16

Hajojuli

17

Daifangkhuti

18

Swrang

19

Habwe

20

Burachuburi

21

Alikaguri

22

Boskobari

Taluk-Udalguri

Block-Rowta

23

Balisahabi

24

Dahigola

25

Batabari

Taluk- Udalguri

Block-Mazbat

26

Nalbari

27

Kalbari

28

Kathpuri

29

Balisiha

Muga Seed Area

District

Taluk/Hobli/Block SL. No.

Name of Village

Silk Worm Variety

Kokrijhar

Taluk- Kokrajhar

Block-Titaguri

1

Bessargaon

Muga

2

Boro Kursakati

Baksa

Taluk-Mushalpur

Block- Jalah

3

Jalah

4

Uzirbari

5

Bathoupuri

Taluk- Tamulpur

Block - Tamulpur

6

Kumarikata

Taluk-Salbari

Block- Salbari

7

Salbatri

8

Majormakha

Udalguri

Taluk- Bhergaon

Block- Bhergaon

9

Nalbari

10

Simlibari

4808

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

Taluk- Bhergaon

Block- Khairabari

11

Kuhiarkuchi

12

Bagaribari

13

Jhargaon

14

Arengapara

Taluk- Bhergaon

Block-Kalaigaon

15

Barjhar

16

Niz-Dola

MANIPUR STATE

Bivoltine Seed Area

District

Taluk/Hobli/Block

SL.

Name of Village

Silk Worm Variety

No.

Imphal East

Sawombung

1

Seijang

C102 and J101

2

Achanbigei

C102 and J101

Keirao

3

Bamon Kampu

C102 and J101

Imphal West

Haorang Sabal

4

Phumlou

C004 and J003

5

Taothang

C004 and J003

Thoubal

Kakching

6

Kakching

C102 and J101

Thoubal

7

Leirongthel

C102 and J101

8

Ulyal

C102 and J101

Bishnupur

Moirang

9

Wangoo

C004 and J003

10

Kumbi

C004 and J003

Nambol

11

Waroiching

C004 and J003

Ukhrul

Ukhrul

12

Hundung

C102 and J101

Senapati

Senapati

13

Senapati

C102 X C004 and J101 X J003

Tadubi

14

Karong

C102 X C004 and J101 X J003

Chandel

Chandel

15

Pallel

C004 X C102 and J003 X J101

Chakpikarong

16

Chakpikarong

C004 X C102 and J003 X J101

Kangpokpi

Kangpokpi

17

Molsang

C102 X C004 and J101 X J003

Saitu

18

Motbung

C102 X C004 and J101 X J003

Tamenglong

Nungba

19

Noney

C004 X C102 and J003 X J101

20

Tupul

C004 X C102 and J003 X J101

C C pur

T.D. Block

21

Pengzawl

C004 X C102 and J003 X J101

22

Saipum

C004 X C102 and J003 X J101

2.

Further, in exercise of the powers conferred by clause – (a) of sub-sec.(2) of Section-8 C of the said Act, the

Central Govt. on the recommendations of the said committee also specifies the minimum quality standards for the

following notified kinds or varieties of silkworm seed.

AN (I) - Authorized New Bivoltine hybrids of Mulberry Silkworm

(Authorized by HAC on 30.07.2013)

Sl.

No.

Hybrid

States/ Regions/ zones

Rearing data

Fecundity

(No)

Hatchability

(%)

Survival

%

Cocoon

yield/

100 dfls (kg)

Pupation

rate (%)

No of

cocoons/kg

1

CSR50x

CSR51

Southren

Zone

viz.,

Karnataka, Andhra Pradesh,

Tamil Nadu and Maharashtra

≥480

≥90

≥90

≥67

≥90

≥550

2

AP71 x

AP72

Southren

Zone

viz.,

Karnataka, Andhra Pradesh,

Tamil Nadu and Maharashtra

≥500

≥ 95

≥ 90

≥ 66

≥ 90

≥ 570

3

(CSR52x

CSR50) x

(CSR51x

CSR53)

All sericulture zones of India

≥500

≥90

≥90

≥68

≥90

≥540

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4809

AN (II) - Authorized New Multivoltine x Bivoltine mulberry silkworm hybrid

(Authorized by HAC on 4.03.2013 and 30.07.2013)

Sl.

No.

Hybrid

States/ Regions/ zones

Rearing data

Fecundity

Hatchability

(%)

Survival

%

Cocoon

yield/

100 dfls

(kg)

Pupation

rate (%)

No of

cocoons/Kg

1

NxNB4D2

West Bengal, Jharkhand,

Odisha, Assam, Manipur,

Meghalaya, Nagaland.

≥ 400

≥ 90

≥ 90

≥ 45

≥ 90

≥ 650

2

N(M)

x(SK6xSK7)

Eastern and North-Eastern

regions

≥ 400

≥ 90

≥ 90

≥ 47

≥ 90

≥ 750

3

M6DP(C)x

SK4C

Eastern and North-Eastern

regions

≥ 450

≥ 90

≥ 90

≥ 50

≥ 90

≥ 700

AN (III) - Authorized New Bivoltine Mulberry Silkworm Parent Seed for Notification

Sl.

No.

Race

Fecundity

Hatchability

(%)

Survival %

Cocoon yield/

100 dfls (kg)

Pupation

rate (%)

No of

cocoons/Kg

1

NB4D2

≥475

≥90

≥90

≥45

≥90

≥800

2

AP71

≥500

≥95

≥89

≥60

≥90

≥640

3

AP72

≥480

≥95

≥91

≥63

≥91

≥625

4

CSR50

≥475

≥90

≥90

≥62

≥90

≥530

5

CSR51

≥500

≥90

≥92

≥60

≥92

≥550

6

CSR52

≥480

≥90

≥90

≥61

≥90

≥540

7

CSR53

≥465

≥90

≥91

≥60

≥91

≥545

8

SK4C

≥510

≥90

≥90

≥52

≥90

≥680

8

SK6

≥505

≥90

≥90

≥48

≥90

≥660

10

SK7

≥500

≥90

≥90

≥47

≥90

≥650

AN (IV) - Authorized New Multivoltine Mulberry Silkworm Parent Seed for Notification

Sl.

No.

Race

Fecundity

Hatchability

(%)

Survival %

Cocoon yield/

100 dfls (kg.)

Pupation rate

No of cocoons/

Kg.

1

M6DP(C)

≥ 450

≥ 90

≥ 90

≥ 36

≥ 90

≥ 850

[F. No. 25017/12/2015-Silk(i)]

SITARAM GUPTA, Under Secy.

Je ,oa jkstxkj ea=ky;

Je ,oa jkstxkj ea=ky;

Je ,oa jkstxkj ea=ky;

Je ,oa jkstxkj ea=ky;

ubZ fnYyh] 16 fnlEcj] 2015

dk

dk

dk

dk-vk

vkvk

vk- 2337

2337

2337

2337-&vkS?kksfxd fookn vf/kfu;e 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj rduhdh

f”k{kd izf”k{k.k vuqla/kku ds jk’Vªh; laLFkku ds izca/kr= ds lac) fu;kstdks vkSj muds deZdkj ds chp vuqca/k esa fufnZ’V

vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k ,o Je U;k;ky; psUuS

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k ,o Je U;k;ky; psUuS

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k ,o Je U;k;ky; psUuS

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k ,o Je U;k;ky; psUuS ds iapkV ¼lanHkZ la

¼lanHkZ la

¼lanHkZ la

¼lanHkZ la- 124/2015) dks izdkf”kr

djrh gS tks dsUnzh; ljdkj dks 11/12/2015 dks izkIr gqvk FkkA

[la- ,y&42012@155@2015&vkbZvkj¼Mh;w½]

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

4810

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

MINISTRY OF LABOUR AND EMPLOYMENT

New Delhi, the 16th December, 2015

S.O. 2337.—in pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (I.D No.124/2015) of the Central Government Industrial Tribunal Cum Labour

Court No.1, Chennai now as shown in the Annexure in the Industrial Dispute between the employers in relation to the

management of the National Institute of Technical Teachers Training and Research, Chennai and their workman,

which was received by the Central Government on 11/12/2015.

[No. L-42012/155/2015-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, CHENNAI

Friday, the 20th November, 2015

Present :

K.P. PRASANNA KUMARI

Presiding Officer

Industrial Dispute No. 124/2015

(In the matter of the dispute for adjudication under clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of

the Industrial Disputes Act, 1947(14 of 1947), between the Management of National Institute of Technical Teachers

Training and Research, Chennai and Two Others and their workman)

BETWEEN

Shri M. Rajakumar

:

1st Party/Petitioner Union

C/o S. Bhakthavatsalam

President, Footwear Workers Union

No. 29-4, K.M.P. Koil Street, Ayanavaram

Chennai-600023

AND

1. The Director

:

2nd Party/1st Respondent

National Institute of Technical Teachers

Training and Research

Taramani

Chennai-600113

2.

The Secretary

:

2nd Party/2nd Respondent

Ministry of Human Resource Development

Government of India

New Delhi-110001

3.

Sri S.R.K. Prasad

:

2nd Party/3rd Respondent

Chairman, Board of Governors

National Institute of Technical Teachers Training

& Research Chennai Society, Taramani

Chennai-600113

Appearance:

For the 1st Party/Petitioner Union

:

Absent

For the 2nd Party/1st Respondent

:

M/s. Sai Raaj Associates, Advocate

For the 2nd Party/2nd Respondent

:

Absent

For the 2nd Party/3nd Respondent

:

M/s. Sai Raaj Associates, Advocates

AWARD

The Central Government, Ministry of Labour & Employment vide its Order No. L-42012/155/2015-IR (DU)

dated 29.09.2015 referred the following Industrial Dispute to this Tribunal for adjudication.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4811

The schedule mentioned in that order is :

“Whether the action carried out by the Management of National Institute of Technical Teachers Training and Research,

Chennai Society in respect of transfer of the Union members to various states and not allowing the union representative

to run the union, etc. amount to unfair labour practice as per Section-2(ra), 5th Schedule of ID Act, 1947 or not? If not to

what relief the petitioner union is entitled to?

2.

On receipt of Industrial Dispute this Tribunal has numbered it as ID 124/2015 and issued notices to both sides.

3.

The Respondents have entered appearance through their counsel on receipt of notice.

4.

Notice was sent to the petitioner in the address given in the order of reference twice. On both occasions notice was

returned with the endorsement “there is no such name or address”. There is no way to find out the correct address of the

petitioner. If he was interested in pursuing the matter he would have furnished correct address to the Tribunal or even

to the Ministry before the matter was referred to this Tribunal. The assumption to be made is that the petitioner is not

interested in pursuing the matter. So the reference is to be answered against the petitioner.

5.

In the result the reference is answered against the petitioner. An award is passed accordingly.

(Dictated to the P.A., transcribed and typed by him, corrected and pronounced by me in the open court on this day the

20th November, 2015)

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner Union

:

None

For the 2nd Party/1st, 2nd & 3rd Management :

None

Documents Marked:

On the petitioner’s side

Ex. No.

Date

Description

______________Nil_______________________________

On the Management’s side

Ex. No.

Date

Description

______________Nil_______________________________

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dk

dk

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vkvk

vk- 2338

2338

2338

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foHkkx] Hkksiky ds izca/kr= ds lac) fu;kstdks vkSj muds deZdkj ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

dsUnzh;

dsUnzh;

dsUnzh;

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ljdkj vkS|ksfxd vf/kdj.k ,o Je U;k;ky;

ljdkj vkS|ksfxd vf/kdj.k ,o Je U;k;ky;

ljdkj vkS|ksfxd vf/kdj.k ,o Je U;k;ky;] tcyiqj

] tcyiqj

] tcyiqj

] tcyiqj ds iapkV ¼lanHkZ

¼lanHkZ

¼lanHkZ

¼lanHkZ Case No. CGIT/LC/R/116/2005) dh izdkf”kr

djrh gS tks dsUnzh; ljdkj dks 15/12/2015 dks izkIr gqvk FkkA

[la- ,y&40012/46/2005-vkbZvkj ¼Mh;w½]

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

New Delhi, the 16th December, 2015

S.O. 2338.—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/116/2005) of the Central Government Industrial

Tribunal Cum Labour Court, Jabalpur now as shown in the Annexure in the Industrial Dispute between the employers in

relation to the management of the Department of Telecommunications, Bhopal and their workman, which was

received by the Central Government on 15/12/2015.

[No. L-40012/46/2005-IR(DU)]

P. K. VENUGOPAL, Desk Officer

4812

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JABALPUR

NO. CGIT/LC/R/116/2005

Shri Makhanlal Andheshwar,

Sahastra Dhara Road,

Near Govt. Milk Scheme,

Opp Shukla Parisar,

Rampura,

Mandla (MP)

…Workman

Versus

Chief General Manager,

Telecom, Telecom Bhawan,

Hoshangabad Road,

Bhopal

Telecom District Manager,

Mandla

...Management

AWARD

Passed on this 4th day of December 2015

1. As per letter dated 18-10-05 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-40012/46/2005-IR(DU).The dispute under reference relates to:

“Whether the action of the SDO/TDE Telecom, Mandla in terminating the services of Shri Makhanlal

Andheshwar instead of regularizing him (as he completed 240 days) and not complying provisions of Industrial

Dispute Act, 1947 is legal and justified? If not, to what relief the concerned workman is entitled?”

2. After receiving reference, notices were issued to the parties. Workman submitted statement of claim at page 6/1

to 6/4. Case of Ist party workman is that he was appointed as casual labour in office of Sub Divisional Office

Mandla DTO from 25-9-89. He worked without any complaints. He completed more than 240 days continuous

service. He claims to be entitled for regularization in service as per circular dated 17-12-90 providing

regularization of casual employees. The work for which he was engaged from June 1992 is still available.

There is no reason to discontinue his services. Suddenly his services were terminated without giving

retrenchment compensation. Order of termination was not issued to him. He claims to be continued in service.

That department issued Attendance Certificate for period 1992 to 1999. The workman reiterates that he worked

continuously more than 240 days during each of the calendar year. His services were terminated without

notice. Retrenchment compensation not paid. Termination of his service is illegal. Workman further claims that

since he is out of employment from 1999, he has no other source of livelihood. He and his family are unable to

maintain themselves.

3. 2nd party filed Written Statement at Page 7/1 to 7/2 opposing claim of workman. 2nd party denies that workman

was appointed as casual labour from 25-9-89. 2nd party contends that workman was engaged for casual work as

per exigencies. There was no question of his satisfactory service. Workman was engaged intermittently. He had

not completed 240 days continuous service. As workman was not in service of the management, there was no

question of terminating his services. The documents referred by workman were not issued by the department.

Workman is not entitled to showcause notice or retrenchment compensation. Workman is not entitled to any

relief.

4. Considering pleadings on record, the points which arise for my consideration and determination are as under.

My findings are recorded against each of them for the reasons as below:-

(i) Whether the action of the SDO/TDE Telecom, Mandla in

terminating the services of Shri Makhanlal Andheshwar

instead of regularizing him (as he completed 240 days)

and not complying provisions of Industrial Dispute Act,

1947 is legal and justified?

Termination of workman is illegal for

violation of Section 25-F of ID Act.

(ii) If not, what relief the workman is entitled to?”

As per final order.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4813

REASONS

5. The terms of reference pertains to denial of regularisation of workman and terminating his services violating

provisions of ID Act. Claim of workman is denied by 2nd party. Workman filed affidavit of his evidence

supporting his contentions in statement of claim that he was engaged as casual labour from 25-9-89 by Sub

Divisional Officer, Mandla. He completed more than 240 days continuous service during each of the year

during 1989 to 1999. That circular dated 17-12-90 for regularisation of casual employees was issued. That his

services were terminated without notice, retrenchment compensation was not paid to him. In his cross-

examination, workman says he had not submitted application for obtaining copies of Exhibit W-1 to W-3.

Zerox copy of those documents were not obtained on the same day. The post on which he was working was not

advertised. His name was not sponsored through Employment Exchange. He submitted application for job but

Written test was not conducted. He was called by Shri J.P.Parwar and immediately engaged him in the work.

Appointment letter was not given to him. He was paid wages for his working days. He denies that he not

completed 240 days continuous service during any of the year.

6. Management’s witness Shri Ashok Kumar Sahu supported contentions of 2nd party in Written Statement that

workman was never engaged by the management of BSNL Mandla. Workman not rendered services in the

department on casual basis or otherwise. He not completed 240 days continuous service during any of the year.

There was no question of his termination. In his cross-examination, management’s witness says he was not

posted in Mandla office during 1992 to 1999. The record of engagement of casual labours for the period 92 to

99 was not found by him. His affidavit is prepared as per the legal file of the case. The documents on which his

affidavit is based are not produced. He had seen Written Statement filed by management in the matter. He

admits that the documents he had seen may disclose whether workman had worked in the department or not. It

is clear that workman has no personal knowledge of the matter. He was not working in Mandla office during

the relevant period.

7. Workman has produced documents Exhibit W-1 copies of vouchers, those vouchers are carefully seen working

days of workman during the year 1990 to 1999 comes 216 days. Exhibit W-2, W-3 produced by workman

shows name of workman about payment of wages. He was engaged for the work. Ist party had filed application

for production of documents on 8-4-08. The application was opposed by 2nd party filing reply on 27-9-12. Shri

A.K.Shashi for workman pointed out my attention to reply. Management had contented workman had not

worked for more than 240 days. He was engaged for casual work in the department.

8. Management’s witness in his affidavit however contented that workman never worked with the management.

The inconsistency in reply filed to the application for production of documents and evidence of management’s

witness is apparent. When workman was engaged for casual work, management’s witness had totally denied his

engagement. The evidence of management’s witness cannot be believed. Workman produced documents

Exhibit W-1 to W-3 regarding his engagement. Management has not produced documents despite application

for production of documents filed.

9. Shri M.P.Kapoor Advocate for management during course of argument submitted that the documents produced

by management are denied by Ist party. The documents produced along with list by management on 17-11-07

are denied by Ist party. Those documents were not requested by Ist party workman. As per application dated

8-4-08, Ist party had requested production of vacancy position from 1989 to 1999, attendance particulars of

workman. The particulars of wages paid to him during above period. Muster roll from 1989 to 1999 and

circular dated 17-12-90. Those documents are not produced by management. In affidavit of evidence of

workman, he has stated about circular dated 17-12-90 was issued for regularisation of casual employees is not

challenged in his cross-examination. During course of argument Shri M.P.Kapoor submits that the scheme for

regularisation of casual employees, cut off period is 30-3-85, workman was not working during said period.

Workman claims to be engaged from 25-9-89. Consequently Ist party workman cannot get benefit of

regularisation under the scheme.

10. The evidence of workman about his continuous working is supported by documents Exhibit W-1 to W-3. He

could not produce all documents. 2nd party has not produced documents despite application is filed. The

management’s witness in cross-examination says his affidavit is filed as per documents. Those documents are

not produced on record. Adverse inference deserves to be drawn. If documents would have produced, it would

have supported claim of workman. Therefore I accept evidence of workman that he completed 240 days

continuous service preceding his date of termination. His services are terminated without notice, retrenchment

compensation is 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.1 in Negative.

11. Point No.2- In view of my finding in Point No.1 that termination of services of workman is illegal, question

arises whether Ist party is entitled for reinstatement with backwages. Shri A.K.Shashi submitted copy of order

passed by CAT in 411/90 and others. In para-11 it is clear that cut off date was changed from 30-3-85 to

22-6-88. Workman was not working during said period. As per pleading in statement of claim, he was engaged

from 25-9-89 therefore the claim of Ist party workman for regularisation cannot be upheld.

4814

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

12. Shri A.K. Shashi on the point relies on ratio held in case of

Maharashtra State Board of Secondary and Higher Secondary Education, Amravati versus Sanjay Krishnarao

Shrungare, Amravati reported in 2008-II-CLR-301. Their Lordship held that the best possible evidence with

the appellant on the point of total service put in by the respondents not brought on record by the appellant.

Appellant has to blame itself for this failure on its part. The order passed by Labour Court was upheld.

13. Shri M.P.Kapoor in support of his argument relies on ratio held in case of

Tapash Kumar Paul versus BSNL and another reported in 2014AIR-SCW 5816. In Para-14 of the judgment,

their Lordship held it would be thus seen that by a catena of decisions in recent time, this Court has clearly laid

down that an award of reinstatement should not however be automatically passed. The award of reinstatement

with full back wages in a case where the workman 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. This court has distinguished between a daily wager who doesnot hold a post and a

permanent employee.

Their Lordship further observed in the very nature of things, there cannot be a straitjacket formula for awarding

relief of backwages. All relevant considerations will enter the verdict. More or less, it would be a motion

addressed to the discretion of the Tribunal. Full backwages would be the normal rule and the party objecting to

it must establish the circumstances necessitating departure. At that stage, the Tribunal will exercise its

discretion keeping in view all the relevant circumstances. But the discretion must be exercised in a judicial and

judicious manner.

Ist party in his cross-examination says the post was not advertised. His name was not sponsored through

Employment Exchange. Written test was not conducted. Appointment letter was not issued to him. He was paid

wages for his working days. Reinstatement with backwages would not be justified.

14. Considering the period of working, workman was engaged as casual employee, compensation Rs. One Lakh

would be appropriate. Accordingly I record my finding in Point No.2.

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

(1) Termination of services of workman is illegal for violation of Section 25-F of ID Act.

(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.

16. Let the copies of the award be sent to the Government of India, Ministry of Labour & Employment as per rules.

R. B. PATLE, Presiding Officer

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New Delhi, the 16th December, 2015

S.O. 2339.—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/332/99) of the Central Government Industrial

Tribunal Cum Labour Court, Jabalpur now as shown in the Annexure in the Industrial Dispute between the employers in

relation to the management of the Department of Telecommunications, Bhopal and their workman, which was

received by the Central Government on 15-12-2015.

[No.L-40012/266/99-IR(DU)]

P. K. VENUGOPAL, Desk Officer

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4815

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, JABALPUR

NO. CGIT/LC/R/332/99

Shri Santosh Sharma

R/o Vohra Baakhal,

Hadiyali Mohalla,

Shajapur

…..Workman

Versus

Chief General Manager,

Deptt. of Telecommunication,

Hoshangabad Road,

MP circle,

Bhopal

…Management

AWARD

Passed on this 4th day of December 2015

1. As per letter dated 18-11-99 by the Government of India, Ministry of Labour, New Delhi, the reference is

received. The reference is made to this Tribunal under Section -10 of I.D.Act, 1947 as per Notification

No. L-40012/266/99/IR(DU). The dispute under reference relates to:

“Whether the action of the management of Chief General Manager, Telecom in terminating the services of Shri

Santosh Sharma w.e.f. 26-3-99 is legal and justified? If not, to what relief the workman is entitled?”

2. After receiving reference, notices were issued to the parties. Workman submitted statement of claim at Page 2/1

to 2/4. The case of Ist party workman is that since January 1989, he is working under Sub Divisional Office of

Telecom Shajapur 2nd party No.4. 2nd party No.3 is Competent authority. 2nd party No.2 is Administrative

Authority. engagement of casual labours was approved by the Administration AGM. He was engaged as casual

employees. The casual labours were not regularised. The Indian Postal Mazdoor Union filed petition before

Hon’ble Apex Court. The judgment reported in AIR-1987-SC-342, department was directed to frame scheme

for regularization of casual employees. That the scheme for regularization of casual employees was framed by

Telecom Deptt. on 7-11-89. The employees working till 30-3-85 were to be regularised in Original

application 1476/90 CAT Delhi declared cut off date illegal. Consequently all casual employees were entitled to

regularisation.

3. That as per directions issued by 2nd party No. 2,3, services of Ist party workman were terminated from 31-3-99.

The services were terminated without issuing chargesheet or conducting enquiry. Termination of his service is

in violation of Section 25-F of ID Act. the casual employees engaged after workman are retained. Ist party

workman further submits that he worked more than 240 days during each of the year. He was not paid

retrenchment compensation. His services were not regularised. He was not paid pay scale of regular employee.

He was paid Rs.1200/- per month. On such contentions, workman prays for regularization of his services.

4. 2nd party filed Written Statement at Page 4/1 to 4/2 opposing claim of workman. 2nd party contends that Ist

party workman never worked with the Division. He was not appointed as casual labour from November 1989.

There is no question of payment of allowances to the workman. Workman was not engaged in Sub Division.

There is no question of his regularization. 2nd party denies that workman rendered satisfactory service. As

workman did not work in Sub Division, there is no question of his termination. Violation of Section 25-F of ID

Act doesnot arise. Workman not worked more than 240 days in a calendar year. There was no question of

payment of retrenchment compensation to him. 2nd party denies claim of workman on ground that he was never

engaged in the Sub Division. Workman was not terminated. 2nd party prays reference be answered in its favour.

Workman is not entitled to any relief.

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 management of Chief

General Manager, Telecom in terminating the services of

Shri Santosh Sharma w.e.f. 26-3-99 is legal and justified?

In Negative

(ii) If not, what relief the workman is entitled to?”

As per final order.

4816

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

REASONS

6. The term of reference pertains to illegality of the termination of services of Ist party workman. However in

statement of claim, workman is claiming regularization in service. It is beyond the terms of reference.

7. Workman filed affidavit of his evidence supporting his claim that management framed scheme for giving

temporary status to casual employees to persons engaged after 30-3-85 to 22-6-88. That he worked in the

department since January 88 to 20-2-99 under JTO Shajapur. He completed more than 240 days in a year. He

was not given temporary status as per the scheme instead he was terminated in February 1999. In his cross-

examination, workman says he has passed HSc Exam. The scheme referred in his affidavit is known to him. the

scheme was introduced in 1988. He had submitted application for the post advertised in newspaper. He was

unable to tell name of newspaper. His name was sponsored through Employment Exchange. Any document

about the same is not produced. Appointment letter was given to him. It is not produced on record. workman

explains that officer had got back the appointment letter. He denies that he never worked in department. He

denies that he has wrongly stated in affidavit that he worked more than 240 days.

8. Management’s evidence was closed on 25-5-15. No evidence is adduced on behalf of management.

9. During course of argument, learned counsel for Ist party Shri R.C. Shrivastava pointed out my attention that the

application for production of documents was given on 26-6-03. The application was opposed on the ground that

workman was never engaged by the management. when management has failed to produce documents, no

evidence is adduced by management, the dispute is referred after failure of conciliation proceeding. The

evidence of workman cannot be rejected outright. The evidence of workman is clear that he was working with

2nd party continuously. The scheme rendered by workman in his statement of claim and evidence is not

produced on record. as per his own pleadings and evidence, workman is working with the 2nd party after cut off

date 30-3-85. Workman cannot be allowed benefit of scheme. Rather the terms of reference pertains to legality

of termination and not denial of regularization of workman. the termination of services of workman is illegal

for violation of section 25-F of ID Act. Therefore I record my finding in Pont No.1 in Negative.

10. Point No.2- In view of my finding in Point No.1 that services of workman were terminated illegally in violation

of Section 25-F of ID Act. Shri R.C.Shrivastava Advocate for workman relies on ratio held in case between

Tamil Nadu Terminated full time Temporary LIC employees Association versus LIC reported in

2015(145)FLR-761. The facts of above cited case are not available. The workman were appointed as badly and

part time workman followed by awards passed by National Industrial Tribunal passed by Justice R.D.Tulpule

dated 17-4-86 clarified by Justice S.M. Jamdar dated 26-8-88 affirming award passed by Justice R.D.Tulpule.

Shri M.P.Kapoor for management produced copy of award in R/59/04. The evidence adduced in said reference

is not comparable with evidence in present case.

The workman has not produced appointment letter, there is no evidence that he was appointed following

recruitment process. claim for reinstatement with backwages would not be justified. Considering the working

period of Ist party workman, compensation Rs. One Lakh would be appropriate.

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

(1) The action of the management of Chief General Manager, Telecom in terminating the services of Shri

Santosh Sharma w.e.f. 26-3-99 is not proper and legal.

(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.

12. Let the copies of the award be sent to the Government of India, Ministry of Labour & Employment as per rules.

R. B. PATLE, Presiding Officer

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4817

New Delhi, the 16th December, 2015

S.O. 2340.—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/128/00) of the Central Government Industrial

Tribunal Cum Labour Court, Jabalpur now as shown in the Annexure in the Industrial Dispute between the employers in

relation to the management of the Department of Telecommunications, Bhopal and their workman, which was

received by the Central Government on 15/12/2015.

[No. 40012/145/2000-IR (DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, JABALPUR

NO. CGIT/LC/R/128/00

Shri Bhim Bahadur Kshatriya,

C/o R.P. Choubey, Civil Lines,

Near Raigarh Sandesh,

Raigarh

….Workman

Versus

Telecom District Engineer,

Raigarh

….Management

AWARD

Passed on this 7th day of December, 2015

1. As per letter dated 30-6-00 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-40012/145/2000/IR(DU). The dispute under reference relates to:

“Whether the action of the Telecom District engineer, Raigarh (MP) in terminating the services of Shri Bhim

Bahadur Kshatriya, ex-worker w.e.f. 1-12-95 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 2/2. Case of Ist party workman is that he was engaged in service by 2nd party as casual mazdoor

(typing work) in TDE Rajgarh on 12-9-89. He served with 2nd party. The details of his working days are given

in para-2 of the statement of claim. 319 days during 12-9-89 to 24-12-90, 283 days during 1-1-91 to 28-12-91,

293 days during 1-1-1991 to 2-1-1993, 281 days during 1-1-1993 to 1-1-1994, 251 days during the period

3-1-94 to 20-11-94, 246 days during 2-1-95 to November 95- total 1673 days. He was employed for typing

work in Rajgarh office. After November 1995, his services were terminated. However he was continued to be

employed for same work through contractor. His work was controlled and directed by the officers. His

attendance was controlled by the department. He was paid according to the Government rates of wages. He was

terminated without notice. He was not paid compensation for services rendered by him. The Telecom

department introduced scheme for regularisation of casual labour in 1989, he was not given its benefit. That

termination of his service is illegal. On such ground, workman prays for according temporary status to him.

3. 2nd party filed Written Statement at Page 7/1 to 7/3 opposing claim of workman. 2nd party contents that claim of

Ist party workman for according temporary status is not legal. That the department engaged casual workers for

targeted works at various places in Rajgarh Telecom District on daily wages. The workers were not engaged on

regular basis. the casual labours are automatically terminated on expiry of the time stipulated in the work order.

For next month, such labour is again deployed if he desires to work under the officer. No question of

termination arise. Telecom department framed policy for temporary status of casual worker as per

regularisation scheme of 1989. The conditions required that the labour should have been engaged prior to

30-3-85 and continued as casual worker since 7-11-89. He must have completed 240 days continuous service in

a year. The casual employee engaged in electrification work vide circular dated 25-6-93 and order dated

17-12-93. The conditions required for the engagement should be between 30-3-85 to 22-6-88 still continuing

on the date of respective orders etc. 2nd party further submits that workman was engaged on daily wages as

typist and not as casual labour on muster roll. Scheme introduced by department doesnot provide direct

regularisation of casual workers. Workman himself failed to report for work. There was no question of

termination of his service. The engagement of workman was subject to availability of work. Workman was

engaged on daily wages intermittently for typing work. Workman never worked on muster roll as casual labour.

Workman tried to mislead the court. The department is covered by rules. No regular appointment can be made

dehors the rules. As workman himself left the work as per his will, he was not terminated, there is no question

4818

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

of issuing notice of termination or payment of compensation to the workman. 2nd party prays for rejection of

claim.

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 Telecom District engineer, Raigarh

(MP) in terminating the services of Shri Bhim Bahadur Kshatriya,

ex-worker w.e.f. 1-12-95 is justified?

In Negative

(ii) If not, what relief the workman is entitled to?”

As per final order.

REASONS

5. The term of reference pertains to legality of termination of services of Ist party workman from 1-12-95, the

denial of temporary status is not included. The claim of workman w.r.t. temporary status is beyond terms of

reference.

6. Workman filed affidavit of his evidence. Workman says he was engaged on daily wages from 12-9-89. He has

given details of his working days as shown in his statement of claim. He worked for total 1673 days. His

services were terminated in 1995. After termination of his services, he was engaged through contractor for

same work. He was continuously working. Wages were paid at Government rate. He was not granted benefit of

temporary status as per Government scheme. In his cross-examination, workman says appointment letter in

writing was not given to him as daily wage labour. He was doing typing work. He was also required to work in

the office. He produced copy of order Form SG-17. He denies that he himself left the job.

7. Management’s witness Basant Xylo filed affidavit of his evidence supporting contentions of management. In

his affidavit of evidence, management’s witness says in 1982 Government of India sanction project for

expansion of telephone network. The project work was available at TDM, Raipur in MP, CG. To meet

targetted work, such as cable laying, erection of cable line, restoration of breakdown, there was necessity of

employees, manpower on contract basis. Management employed regular manpower of workers on daily wages

purely on contract nature. The required workers were taken from open market on daily need basis, that there

was no relationship of master and servant as the employment was not on regular basis on sanctioned post. That

Ist party workman Bhim Bahadur was not employed for any project on muster roll. He was engaged for typing

work in office on daily wage basis. Management’s witness has not disclosed working days of workman though

he denied that workman had not completed 240 days continuous service. That his employment was not against

project work. He was not employed prior to 1988. Therefore workman is not covered under regularisation

scheme. In his cross-examination, management’s witness claims ignorance whether workman was working in

Rajgarh Telecom office from 12-9-89. He also claims ignorance about the working days during 1989 to 1992,

93, 94, suggested to him. He claims ignorance whether Attendance Register was maintained. Workman was not

terminated. Workman was not on duty, typing work was obtained from him. The attendance registers of

workman is not produced, the witness claims ignorance about the attendance register.

8. The evidence of workman about his working days is not challenged in his cross-examination. The working

days shown in statement of claim are not specifically denied in the Written Statement and cross-examination of

workman. Therefore I find no reason to disbelieve evidence of workman about his working days shown in

Para-2 of statement of claim and para-2 of his affidavit of evidence. The evidence of workman is cogent that he

completed more than 240 days continuous service during 12 calendar months prior to his termination in

November 1995. His services are terminated without notice. The casual employees engaged by department

cannot be denied protection of Section 25-F of ID Act on the reasons he was not appointed on sanctioned post.

The evidence is clear that termination of workman is illegal for violation of section 25-F of ID Act. Therefore I

record my finding in Point No.1 in Negative.

9. Point No.2- In view of my finding in Point No.1 termination of workman is illegal for violation of Section 25-F

of ID Act, question arises whether workman is entitled for reinstatement with backwages. Shri M.P.Kapoor

relies on ratio held in case of

Senior Supdt. Telegraph Traffic Bhopal versus Santosh Kumar Seal and others reported in 2010(6)SCC-773.

Their Lordship considering facts as workman were engaged as daily wagers about 25 years back and they

worked hardly for 2 or 3 years, relief of reinstatement with backwages would not be justified, compensation

Rs.40,000 was awarded to each of the workmen.

In present case, workman was engaged from 12-9-89 to November 1995 for more than 5 years. Appointment

order in writing was not given to him. Compensation Rs. One Lakh would be appropriate. Accordingly I record

my finding in Point No. 2.

¹Hkkx IIµ[k.M 3(ii)º

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4819

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

(1) The action of the Telecom District engineer, Raigarh (MP) in terminating the services of Shri Bhim

Bahadur Kshatriya, ex-worker w.e.f. 1-12-95 is not proper and legal.

(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

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New Delhi, the 16th December, 2015

S.O. 2341.—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/67/96) of the Central Government Industrial

Tribunal Cum Labour Court, Jabalpur now as shown in the Annexure in the Industrial Dispute between the employers in

relation to the management of the Department of Telecommunications, Bhopal and their workman, which was

received by the Central Government on 15/12/2015.

[No. L-40012/241/94-IR (DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JABALPUR

NO. CGIT/LC/R/67/96

Shri Ramdayal Rahangdale,

s/o Jeevan Lal,

C/o Bhim Chandr Patel,

Gangu Shahu Tej Chowk,

Telibandh, Raipur.

……Workman

Versus

Director,

Telecom Project (West MP),

T.T.Nagar,

Bhopal (MP)

…..Management

AWARD

Passed on this 7th day of December 2015

1. As per letter dated 26-2-96 by the Government of India, Ministry of Labour, New Delhi, the reference is

received. The reference is made to this Tribunal under Section -10 of I.D.Act, 1947 as per Notification No.L-

40012/241/94-IR(DU). The dispute under reference relates to:

4820

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

“Whether the action of the management of Coaxial Cable Project of Department of Telecommunication through

the Divisional Engineer, Coaxial Cable Project, shankarnagar, Raipur in terminating the services of Shri

Ramdayal Rahangdale is lawful and justified? If not, to what relief the workman concerned is entitled to?”

2. After receiving reference, notices were issued to the parties. Ist party workman submitted statement of claim at

Page 5/5 to 5/9. The case of Ist party workman is that he was appointed on 1-7-87 by 2nd party No.3 Divisional

Engineer, Coaxial Project, Shanker Nagar, Raipur. He was continuously working from 1-7-87 to 31-12-90. He

was dong work of digging ditches, laying cables etc. on 1-1-1990, he was orally terminated without notice. He

was not paid retrenchment compensation. When he repeatedly approached 2nd party, he was assured to

continue in service after approval of his superior officers. That dispute was raised before ALC on behalf of 5

persons including Ist party workman Ramesh Awsare, bhimchand and others. 3 persons were not absorbed in

employment, Daut Khan and Tej Ram were retained in service. His service record was excellent. Services were

terminated without notice from 11-1990. That after termination of his service, he is unemployed. On such

ground, workman prays for his reinstatement with backwages.

3. 2nd party filed Written Statement at Page 17 - 19 opposing claim of Ist party workman. 2nd party denied

appointment of workman from 1-6-87. It is contented that workman was engaged purely on temporary basis by

DOT Raipur. Workman was engaged on muster roll, he was paid for work done by him. 2nd party denies that

workman was not paid retrenchment compensation. Workman was served with notice of retrenchment

compensation was paid to workman. Management submits that absorption of two labours was as per order

passed by CAT Jabalpur in Case No. OA.71/91 & OA.196/90. Workman had not approached CAT Jabalpur

rather he approached ALC in 1996 after disposal of the original application before CAT, Jabalpur. 2nd party

reiterates that workman was served with retrenchment notice and compensation was paid to him. It is prayed

that reference be answered in favour of management.

4. Workman filed rejoinder at Page 39 - 41 reiterating his contentions in statement of claim. Workman denies

retrenchment notice and payment for retrenchment compensation. He reiterates that he worked more than 240

days continuous service during each of the year.

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 management of Coaxial Cable Project of

Department of Telecommunication through the Divisional

Engineer, Coaxial Cable Project, shankarnagar, Raipur in

terminating the services of Shri Ramdayal Rahangdale is lawful and

justified?

In Affirmative

(ii) If not, what relief the workman is entitled to?”

Workman is not entitled to

any relief.

REASONS

6. Ist party workman is challenging termination of his service for violation of Section 25-F of ID Act. His claim is

denied by 2nd party. Workman filed affidavit of his evidence at Page 46/1 to 46/3. As per ordersheet dated

26-10-10, as workman remained absent for his cross-examination, his evidence was closed. His evidence would

not be considered in the case. Management failed to adduce evidence. The evidence of management was closed

on 10-6-14. The parties donot punctually participate in the proceeding. As workman failed to appear for cross-

examination, his evidence could not be considered. There is no evidence to support claim of workman.

Therefore I record my finding in Point No.1 in Affirmative.

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

(1) The Whether the action of the management of Coaxial Cable Project of Department of Telecommunication

through the Divisional Engineer, Coaxial Cable Project, Shankarnagar, Raipur in terminating the services

of Shri Ramdayal Rahangdale is proper and legal.

(2) Workman is not entitled to any relief.

R. B. PATLE, Presiding Officer

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4821

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New Delhi, the 16th December, 2015

S.O. 2342.—in pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (I.D No.7/2012) of the Central Government Industrial Tribunal Cum Labour

Court, Hyderabad now as shown in the Annexure in the Industrial Dispute between the employers in relation to the

management of the Security Printing Press, Hyderabad and their workmen, which was received by the Central

Government on 11/12/2015.

[No. L-16011/01/2011-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT HYDERABAD

Present: - Sri Kishori Ram

Presiding Officer Incharge

(Authorized for adjudication)

Dated the 24th day of September, 2015

INDUSTRIAL DISPUTE No. 7/2012

Between:

Sri M.A. Wahid & 32 others,

Group ‘C’, Non-Gazetted Non Ministerial

(Industrial) shop floor Staff,

Security Printing Press, Mint Compound,

Saifabad, Hyderabad.

….Petitioner

AND

The General Manager,

Security Printing Press,

Mint Compound,

Saifabad,

Hyderabad.

….Respondents

Appearances:

For the Petitioner : M/s. Siva, Parvathi & Goda Ramalakshmi, Advocates

For the Respondent :

Sri P. Bhakthavatsal, Advocate

AWARD

The Government of India, Ministry of Labour by its order No. L-16011/01/2011-IR(DU) dated 6.2.2012

referred the following dispute under section 10(1)(d) of the I.D. Act, 1947 requiring this forum to decide the question:

SCHEDULE

“Whether the action of the management of Security Printing Press, Hyderabad in denying the Over time

Allowance under Section 59 of Factories Act to the workers defined under Section 2(1) of the Press and in lieu

giving Special Allowance to them is justified? What relief these workmen are entitled to?”

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THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

On receipt of the reference this Tribunal has registered and numbered the reference as I.D. No.7/2012 and notices were

issued to both the workman and the management.

2.

Brief averments of the Claim Statement filed by the workmen/Petitioners are as follows:

The case of the petitioner Sri M.A. Wahid and 32 others as Group C, Non-Gazetted, non-Ministerial as represented in

their claim statement in the industrial dispute is that the postal stationery (post cards, Inland letter cards, Embossed

Envelopes etc.,), non-judicial, stamp papers and Central Excise stamps which were formerly catered all over India

through the India Security Press, Nasik Road, Maharastra. As the demand for these products was on high increase, it led

to the creation of the Security Printing Press at Hyderabad by the Government of India, Ministry of Finance . Like

Ministry of the Coin Currency was handed by the three different mints one each at Bombay, Calcutta and Hyderabad.

All these units are under the Administrative control of the Department of Economic Affairs, Ministry of Finance,

Government of India.

3.

The Respondent is a Factory under the Factories Act. All the benefits under the Act were extended to each

workman. In view of the demand of various Presses for the products, workers were working in certain cases for 10 to

11 hours beyond their 8 hour shift duty in a day. Majority of the staff are connected with production, so their work was

incidental to the production. Hence, they are “workmen” as defined under the Factories Act. Wherever a workman

works beyond 54 hours a week and 9 hours a day, he is entitled to overtime allowance at double the normal rate under

the provisions of the Factory Act in general and u/s 59 in particular. The Respondent is bound to pay it as long as the

employees continue to work as workman.

4.

Further alleged that the Petitioner holding various designations do not hold either managerial or supervisory

duties. They were also paid overtime allowance in accordance with the provisions of the Factories Act. But the

Government as the memorandum declare that the Petitioners on reaching a particular stage in the pay scale attached to

the post held by them would cease to get the benefit of Sec.59 of the said Act. Accordingly, the management of the

Security Printing Press issued the Petitioners individual orders as per the Ministry order dated 21.12.1968 that as they

reached a particular stage in the pay scale, they would not get overtime allowance double the normal rate, rather

instead, the benefit would be restricted to a special allowance. The order of the Ministry of Finance was communicated

to the individuals who had crossed the said stage in their pay scale working as the employees in the other sister

organizations i.e., Indian Security Press, Currency Note Press, Bank Note Press, India Government Mints and the

Security Paper Mill, Hoshangabad. On the challenge of the workman to the action before the various Tribunals, Hon’ble

High Court and even the Hon’ble Supreme Court, all the legal fora held that the workmen would have to be entitled to,

and, paid double the normal rate of overtime allowance, by interfering with the orders of the Mints and presses

based on the Memorandum of Ministry of Finance. The same has been implemented in the Mints and the Presses at

the loss of the Management at the hands of the highest Judicial Authority.

5.

Further stated is that when parity of treatment was not meted out to the Petitioners, the Petitioners filed their

Original Application No.963/1994 before the Administrative Tribunal, but the same was dismissed for default as per

order dt. 19.8.1996 with the remedy for the applicants to approach the Industrial Tribunal. When the Petitioners

raised the dispute, the Central Government referred it under Sec.10 of the Industrial Disputes Act on 1.4.1994. But by

proceeding on the wrong premise whether the Petitioners were workmen and whether they were discharging their duties

as Supervisory, the Tribunal dismissed the ID No.35/1998 as per the order dt. 16.4.1998. The correctness and legality

of the award passed on 28.12.1998 in the aforesaid ID was challenged in the Writ Petition No.18351/1999, wherein the

Learned Single Judge as per order and judgement dt. 1.4.2003 upheld the award of the Tribunal. Against it, the Writ

Appeal No.152/2004 was filed before the Division Bench, which was pleased to dismiss it as withdrawn, granting

permission to approach the appropriate Authority under the Factories Act.

6.

Lastly on failure of the conciliation, the Central Government as per the order dated 6.2.2012 referred for an

adjudication over the issue as per the schedule to it. The Petitioners are entitled to the overtime allowance as per the

Sec.59 of the Factories Act for the reasons mentioned in their claim statement.

7.

As the award passed by the industrial Tribunal, Hyderabad in ID No.5/2001, the General Secretary, Hyderabad

Mint Staff Association Vs. The G.M., India Govt. Mint, over the issue of the validity of the Ministry of Finance Office

Memorandum, the base for denying the OTA of the Petitioners, was implemented by the India Government Mint as per

the office Memo dt. 20.12.2004/ 1.1.2005, just as other awards of the CGIT, Jabalpur and of the CAT, Bombay in the

O.A. No.761/1988 as also affirmed by the Hon’ble Supreme Court as per the order dt. 7.11.1993 in the SLP(Civil)

18444/1993.

8.

Brief averments of the Respondent in their statement of Counter:-

Whereas categorically denying all the allegations of the Petitioners, the contra pleaded case of the Respondent as per the

reply counter statement of Mr. N. Sidhan, the Dy. Manager (H.R.) is that the case relates to the restriction of Overtime

Allowance for the Supervisors under Group C to their basic pay while the Security Printing Press (SPP for short) was

functioning in the Government set up. This unit has got status of corporation of India Ltd., New Delhi, since the

Corporatization of the SPP and other industrial units working under Ministry of Finance, Department of Economic

Affairs w.e.f. 10.2.2006. Some Petitioners opted for the Corporation service and some for the Government service. All

¹Hkkx IIµ[k.M 3(ii)º

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4823

the Group C employees are being paid overtime allowance for their working over and above their normal working of

44 hours per week, as some of them are attached to the Factory by virtue of their duty. The Group ‘C’ staff and the

industrial workmen are though working in the same premises of the SPP, Hyderabad, yet having different set of rules

for their service and leave. Hence, the Ministry of Finance, Economics Affairs, have time to time issued the orders

mainly for stipulating the ceiling limit for the overtime allowance (OTA for shot) as such:

“The prime object of imposition of ceiling limits for O. T. A. is that the supervisory cadre employees will have

promotional avenues to the next higher cadres as per the notified recruitment rules. In case the supervisory

category employees refuse promotions to the higher posts on the pretext that they will not get the benefit of

overtime allowance in the elevated cadres, the purpose of avenues provided to the higher posts will be

jeopardized and working of the organization will come to standstill without experienced manpower in higher

grades.”

In such situation, the supervisors can not claim for their categorization as workman under Sec.59 of the Factories Act,

and for overtime allowance without any ceiling restrictions.

9.

The present industrial dispute is not tenable and liable to be rejected as neither it has espoused by any

Registered Trade Union nor the Petitioners/employees can individually raise any industrial dispute, as they are not

workmen under the Labour Laws, Industrial Disputes Act, 1947, and the Factories Act, 1948. Moreover, the SPP,

Hyderabad, is carrying out the Sovereign functions of the State. So the unit can not be termed as an “Industry” under

the Industrial Disputes Act, 1947.

10.

The OTA ceiling restriction slabs stipulated by the Ministry of Finance, Department of Economics Affairs

time to time are as under:

Central Pay Commission

The limit of pay stipulated for drawl

of total overtime allowance during a

month

The upper pay limit beyond which

overtime allowance will not be

admissible

3rd CPC

Rs.650/- per month

Rs.750/- per month

4th CPC

Rs.1900/- per month

Rs.2200/- per month

5th CPC

Rs.5900/- per month

Rs.6800/- per month

6th CPC

----------

Rs.16850/- per month including G.P.

The above ceiling slabs are in force in the SPP, Hyderabad since its inception in the year 1982. The employees who are

not categorized as Supervisors as per their assigned duties are being paid overtime allowance. Whereas, the employees

under the cadres of (A) Asst. Technical Officer, (b) Dy. Technical Officer, (c) Asstt. Works Engineer & (d) Dy.

Inspector Control and Inspector Control, Sanitary Supervisor (L) Canteen and (e) Store Keeper and (h) Canteen &

Sanitary Supervisor come under their band with G.P. in 6th CPP – Rs. 9300-34860 with the G.P. Rs. 4200/- except the

G.R. of Rs.4600/- for (b) Dy. Technical Officer. Like-wise those rest employees under the cadres of (f) Dy. Stores

Keeper and (g) Pharmacist come under their pay band of Rs.5200-20200 with G.P. of Rs. 2800/-. The employees

under the said cadres are attached to the shop-floor as per their general duties, responsibilities and incumbents assigned

to each of the cadres shown in the Annexure A. They are called as Supervisors (on Group ‘C’ and non-Gazetted

establishment). The nature of their duties assigned to each of the said cadres denotes them their no categorization as

workmen by virtue of discharging the duties of higher liabilities. All the above cadre practically fall under the Rule 81

(a)(b)(c) of the Factories Rule. All the incumbents holding their own cadres are being paid the Special Allowance of

Rs.3000/- per month in lieu of the over time Allowance for their extended working hours on par with the industrial

workmen just the Night Duty Allowance as per the without any ceiling restriction. Their special allowance has been

enhanced by the Respondent/SPP and Minting Corporation of India Ltd., New Delhi as the order No. CHO/

HR/IR/8/20/2011/4642 dt. 29.8.2011. Each supervisor gets his monthly emoluments of Rs. 8000-9000/- including

Special Allowance in addition to his monthly salary of Rs.40 to 45 thousands.

11.

Further alleged on behalf of the Respondent is that the same case as raised by Mr. M.A. Wahid and others in the

ID No. 35/98 before the Industrial Tribunal, Hyderabad which was awarded therein on 28.12.1998 against the

Petitioners (Annex.D). Its award was also published in the Gazettee of India as per its Notification dt. 14.1.1999

(Annex.E). The Writ Petition No.18351/1999 was filed by the Petitioners M.A. Wahid & ors., the Hon’ble High Court

of A.P., Hyderabad in challenge to the aforesaid award. But the aforesaid award passed by this Tribunal was upheld by

the Hon’ble High Court. Later on, the Petitioners filed the Writ Appeal No.152/2004 before the Hon’ble High Court,

but the same appeal was withdrawn by them as per the order dt. 11.11.2009 of the Hon’ble High Court on their plea to

approach the appropriate Authority under the Factories Act (Annex-G). Then Shri G. Ganesh & 21 others filed

individual petitions (under the Payment of Wages Act, 1936) in Nos.01 to 27/2010 in the office of the Authority

concerned ie., the R.L.C.(Central), Hyderabad. The Respondent upon the notice dt. 08.12.2010 (Annex.H) submitted its

reply to it through the Asst. Manager (H.R.) of the Respondent as per his letter dt. 3.4.2010(Annex.I). Then the R.L.C.

4824

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

held therein that the Petitioners are not entitled to seek overtime allowance without any ceiling restriction, as they being

supervisors are not to be categorized as workman as per the award dt. 28.12.1998 passed by the C.G.I.T. When the

protracted deliberated proceedings at the R.L.C. office ended in failure, it resulted in the reference as per the order dt.

6.2.2012 of the Central Government of India to the Tribunal for the adjudication in the terms of its reference.

12.

The OP/Respondent simultaneously in its rejoinder categorically denied the allegations of the Petitioners,

further stating as such:

The actual printing of the security products, maintenance of the machines and Central Operations (Viz., Checking,

packing and dispatch) are performed by the Industrial workmen up to the level of the Foremen in the Printing &

Maintenance Sections and Head Checker in Central Section under the supervision and guidance of the Group ‘C’ staff

who are the applicants in the industrial dispute deployment of the work force for working on extended hours is in

exigency of the production targets. The workman as defined under the Factories Act, 1948, means any person employed

in an industry to do any manual, unskilled, skilled, technical, operational, electrical and supervisory work for hire or

reward. But this does not apply to the persons just as the Petitioners employed mainly in managerial or administrative

capacity or for the person in supervisory capacity drawing wages exceeding Rs.1600/- per month as provided under

Sec.64(i) of the Factories Act, 1948 which makes the Sec. 59(1) of the said Act inapplicable to the supervisors. The

Respondent office has been paying over time allowance to all the workmen and other Group ‘C’ supporter staff. But it

is restricted to the basic pay of the employees between Rs.1900/- and Rs.2200/- as the OTA ceiling stipulated in the

4th CPC. Since the Petitioner had voluntarily applied for the government posts on their own in 1982/1983 while the SPP

being established at Hyderabad and they joined the SPP, Hyderabad in various cadres. The service rules, orders and

instructions issued by the employer i.e., Government of India are binding on them. The Government policy aims at

compensating lower paid employees to a greater extent as entrusted with higher paid ones. In fact the Petitioners are

being compensated by way of payment of special allowance of Rs.7-8 thousands.

13.

Lastly alleged on behalf of the Respondent is that the Petitioners have cited and relied upon the judgement of

the Hon’ble High Court of A.P. delivered in W.P.No. 7020/1985 in support of their claim for payment of over time

allowance. The issue in the afore-said case is that the Group C employees had filed a case before the Hon’ble High

Court for payment of overtime allowance for the work attended by them above the normal working hours. In view of

the above said facts and circumstances, it is alleged that the instant case of the Petitioners being devoid of merits is

liable to be dismissed, or an order as deemed fit be passed.

FINDING WITH REASONS

14.

In the instant case, only the evidence affidavit of the WW1 Sri M.A. Wahid in lieu of Examination-in-Chief

filed under his signature dated 2.12.13 on behalf of the workmen Sri Wahid but the same in lack of cross examination

on behalf of the O.P./Respondent is not admissible in eye of law. It is an un-affidavited chief after the both the parties

have filed as relied on their self marked documents/materials in support of their case which is perhaps the usual practice

based on the implied consensus of both the parties in the region over their respective materials. In such state of affairs,

it came up for an adjudication. Accordingly, both the parties have filed their own written arguments.

15.

The adjudication in the terms of the schedule to the Reference needs determination of the two main points as

under:

Point No.1: Whether these Sri M.A. Wahid and 32 others in the case are workmen under the Industrial Disputes Act,

1947 or the Factories Act.

The plea of the workmen is that the Respondent management is the Security Printing Press (SPP for short)

working under the Department of Economic Affairs, Ministry of Finance. It primarily manufactures Post Cards, Inland

Letter Cards, Envelopes and Non-Judicial Stamps—all are security material, as the Government of India had exclusive

right of printing and distribution. Out of seven organizations, India Security Press, Nasik, caters the needs of the

Northern States, the SPP meets the similar needs of the Southern States, the Currency Notes Press, Nasik, prints

currency upto a certain denomination, the Bank Note Press prints notes of higher denomination, India Government

Mints at Bombay, Kolkata and Hyderabad mint coins and Security Paper Mill supplies raw materials to all the Presses.

All the sister organizations follow the same rules and regulations as applicable time to time. The Respondent like the

said organizations indulge in manufacturing, so it is admittedly also a factory. The provisions of the Factories Act are

applicable to the workmen. Section 59 of the Factories Act provides that a worker is allowed to work beyond 9 hours

per day or 54 hours per week, he is entitled to double the normal wages as overtime allowances. It is also contended on

behalf of the workman that when the Government introduced the financial plan that if a worker comes to a particular

stage in a pay scale, he would be given only a consolidated remuneration initially restricted to one basic pay and

subsequently a consolidated amount, but not overtime allowance. The subject matter of the challenge to it has been all

along by the employees of the seven organizations initially before the Hon’ble Central Administrative Tribunal, then

before the Tribunal, the ID No.35/1998. The reference was answered against the workers as confirmed by the Learned

Single Bench in the Writ Petition concerned, against which the Writ Appeal and the Writ Petition were permitted to be

withdrawn with a liberty to approach the Authorities under the Act for redressal of their grievance as per the writ appeal

¹Hkkx IIµ[k.M 3(ii)º

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4825

order (Ex.W6). Hence, the instant reference by the Central Government on 6.2.2012 (Ex.W9) following the failure of

the conciliation on the applications of the workmen before the conciliation authorities.

16.

Further, emphatic contention of the Petitioners is that their main claim is for their status as worker as defined

under Sec.59 of the Factories Act, so their sustainable entitlement accordingly as workers can not be denied; and since it

is an Industrial Dispute as defined u/s 2(k) of the Industrial Disputes Act, so the dispute referred by the Central

Government under Sec.10 of the Act is sustainable. It is also further contended on their behalf that the theory of the

management the Asst. Technical Officer (A.T.O. for short) having the tag of ‘Officer’ whose initial pay scale in the pre-

revised scale of Rs.425 to 640 then on his pay scale till Rs.600/-, will be paid overtime allowance equal to the Basic

Pay, but on his pay upto Rs.650/- after further increment, he as supervisor, not a workman, would be paid only a

special allowance is totally absurd. The duty chart as alleged by the management, as contended by the Petitioners,

shows the person after Rs.620/- as supervisor over 10 of his peer/subordinates as entrusted with a person of lesser than

Rs.650/- basic has no use as distinguishing factor, for an attendar called as supervisor does not become supervisor for

depriving him of the benefits due to the workman under the Labour Legislation. Further emphatically submitted on

behalf of the Petitioners is that overtime payment is made to those employees whose basic pay is exceeding Rs.2200/- in

the pre-revised scale as per the directions of the Ministry of Finance. In the ID No.5/2001 raised by the Hyderabad Mint

Staff Association, following its reference under Sec.10 of the Industrial Disputes Act, 1947, the Tribunal passed an

award dated 19.7.2004 declaring stoppage of OTA as illegal, and after examining it, the Ministry of Finance in

consultation with the Ministry of Labour and Employment instructed to implement it in accordance with the advice of

the Ministry of Labour and Employment. It is also alleged on their behalf that the similar relief granted by the

Industrial Tribunal in an award in the case of Hoshagabad Paper Mill, as also affirmed by Bombay Central

Administrative Tribunal and by the Hon’ble Supreme Court of India. Lastly, submitted on behalf of the Petitioners is

that admitted by the SPP is a factory and Petitioners are workers under Sec. 2(m) and (l) of the Factories Act

respectively, their duties are different from the industrial workers and they are not directly related to manufacturing

process; a classified/Ministry and employee was also held to be a worker, though their duties are different from

industrial workers and they are not directly connected with the manufacturing process; so both the facts had been

admitted by the management of SPP in counter affidavit in the WP No.7020(Ex.W10), as such, the Petitioners are

entitled to their overtime allowance under Sec.59 of the Factories Act on account of their being as workers under

Sec.2(A) of the said Act.

17.

Whereas the argument of the O.P./ Management is that the instant reference relates neither to the beneficiaries

nor to their names in the case; the Respondent’s office is a corporation established and entirely owned and controlled by

the Government of India. It has industrial units and Security Printing Press throughout the country. The Respondent

i.e., the Security Printing Press (SPP for short) at Hyderabad is a Factory as defined under Sec.2(m) of the Factories

Act, 1948. The provisions of Factories Act are made applicable to the employees working in the factory and the rules

framed under the A.P. Factories Rules, 1940, as well, for the Factory is situated at Hyderabad. It is submitted that

Chapter VI of the Factories Act deals with the working hours of the adults and Sec.59 of the Act deals with extra

wages for overtime. Sec.64(1) of the Act empowers the State Government to make exempting rules. Rules 81 to 84A

of the A.P. Factories Rules, 1950 have been incorporated as per the G.O.Ms. No.26 dated 7.6.1999 related to Labour,

Employment, Training and Factories. As per the said Rules, certain categories of employees are exempted from the

provisions of Chapter-VI of the Act. But, I find these Rules of the A.P. State being neither pleaded nor filed, hence are

unconsiderable.

18.

Further submission of the Respondent is that the Petitioners who are supervisors in Group C are exempted

under said provision of Sec.64 of the Factories Act; though they are attached to the Factory by virtue of their duties,

they are not liable to be classified as workmen under Sec.59 of the said Act, as the Group C staff, Industrial workmen

are governed by different service rules, leave rules etc.; they have been put under the stipulated ceiling limit over the

overtime allowance (OTA) in view of their promotional avenues to the next higher cadres as per the orders issued by the

Ministry of Finance; hence they are given the special allowance in lieu of it to the tune of Rs.3000/- now enhanced one

between Rs.8000/- to 9000/- dependent upon their monthly working hours.

19.

In view of the arguments as advanced by both the parties and on perusal of the materials brought on the record,

I find that the Petitioners have represented themselves as workers in the case in order to claim for the over time

allowance. It is an acknowledged fact that Sec.64(1) of the Factories Act, 1948 empowers the State to make

exempting rules as such:

“The State Government may make rules defining the person who hold positions of supervisions …and

the provisions of this chapter, other than them the provisions of clause (b) of sub-section (1) of Sec.66

and of the proviso to that sub-section shall not apply to any person so defined (or declared):

[Provided that any person so defined or declared shall, where the ordinary rate of wages of such person

(does not exceed the wage limit specified in sub-section (6) of Section 1 of the Payment of Wages Act,

1936 (4 of 1935), as amended from time to time), be entitled to extra wages in respect of overtime

work under Section 59] as substituted by the Factories (Amendment) Act, 1987 w.e.f. 1987 for “does

not exceed rupees seven hundred and fifty per month.”

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THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

The proviso clearly but negatively implies that where the ordinary rate of wages of such person exceeds the wage limit

as specified in sub-section (6) of Section 1 of the Payment of Wages Act, 1936, the person so defined or declared shall

not be entitled to extra wages in respect of overtime work under Section 59 of the Act. The definition of the word

‘Wages’ is quite comprehensive and it takes within its ambit, the allowances as well [1993 (3) ALT 55 (NRC)].

20.

In the instant case, it appears to be undisputed that though the Petitioners have not disclosed their status, it

amounts to their admission that they are virtually employees of the Respondent. All the Petitioners as employees of the

Respondents being under the cadres of the Asst. Technical Officer, Technical Officer, Asstt. Works Engineer, Dy.

Inspector Central and Inspector Control, Store Keeper and Sanitary Supervisor, Canteen, under their specified Band with

G.P. in the 6th CPC – Rs.9300-34860 with G.P. of Rs.4200/- except the G.P. of Rs.4600/- for(b) Dy. Technical Officer,

just as the rest employees come under the cadres of Dy. Stores Keeper and Pharmascist under their Pay Band of

Rs.5200-20200 with G.P. of Rs.2800/-. The employees under the said cadres are attached to the shop floor of the

Management as per their general duties, responsibilities and incumbents assigned to each of the cadres (Annexure A).

They are called as Supervisor (Group C and non-gazetted establishment). The very nature of their duties assigned to

each of the said cadres as per the Annexure A indicates them their no categorization as workmen by virtue of

discharging the duties of their higher liabilities. At present, the Petitioners are the employees of the Respondent Factory

who have, after coming under the aforesaid cadres (Annexure A), got their status as Supervisor (Group C and non-

gazetted Establishment), and the nature of their job attached to their post even incidentally to the manufacturing

process of the factory of the SPP Respondent does not qualify them as workers, as it is hit by the proviso to the

Sec.64(1) of the Factories Act, 1948. The Petitioners may not be called as workmen as defined under Sec.2(s) of the

Industrial Disputes Act, 1947, as there is no industrial dispute as defined under Sec.2(k) of the Industrial Disputes Act,

1947, because the instant case related to the claim for the overtime allowance does not come under category of the

industrial dispute mainly related to even any difference between the employer and the employees over the point of their

employment.

21.

Point No. II: Whether the Petitioner workers are entitled to any relief: At this point, it is observed that the

Petitioners have represented themselves as workers in the sense and meaning of the term “workers” as defined u/s 2(1)

of the Factories Act, 1948. The term of the word ‘worker’ at its plain reading denotes its meaning in context of

manufacturing process, cleaning, any part of the machinery or premises used for a manufacturing process, or in any

other kind of work incidental to, or connected with the manufacturing process or the subject of the manufacturing

process. It is reasonable to note that none of the Petitioners or workers in that sense discloses their real status under the

Respondent Management nor they specified their own extra working period for extra overtime, nor any cause of the

reference. In such circumstances, it stands clear that the case of the Petitioners is too vague and unreasonable. Hence,

the Petitioners are not entitled to any relief.

22.

In result, it is in the terms of the reference, hereby responded and accordingly awarded that the action of the

management of Security Printing Press, Hyderabad in denying the Over Time Allowance under Sec.59 of the Factories

Act to the alleged workers as defined under Sec.2(1) of the Act in lieu of giving Special Allowance to them is quite

justified. Therefore, these alleged workmen are not entitled to any relief.

Award is passed accordingly. Transmit.

Typed to my dictation by Smt. P. Phani Gowri, Personal Assistant transcribed by her and corrected by me on

this the 24th day of September, 2015.

KISHORI RAM, Presiding Officer

Appendix of evidence

Witnesses examined for the

Witnesses examined for the

Petitioner

Respondent

WW1: Sri M.A. Wahid

NIL

(eschewed)

Documents marked for the Petitioner

Ex.W1: Photostat copy of lr. from M/o Finance dt.8.3.1968

Ex.W2: Photostat copy of order in OA No.963/1994 dt. 19.8.1996

Ex.W3: Photostat copy of ID ref. lr. dt. 1.4.1998

Ex.W4: Photostat copy of award of CGIT in ID No.35/1998 dt.28.12.1998

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4827

Ex.W5: Photostat copy of order in WP NO.18351/1999 dt. 1.4.2003

Ex.W6: Photostat copy of orer in WA No.152/2004 dt. 11.11.09

Ex.W7: Photostat copy of representation to RLC (C), by SPP workman dt. 14.12.1999

Ex.W8: Photostat copy of failure report dt. 19.4.2011

Ex.W9: Photostat copy of ID ref. lr. dt.6.2.2012

Ex.W10: Photostat copy of order in WP 7020 of 1985 dt. 21.7.1988

Ex.W11: Photostat copy of order in SLP No.15813/1988 dt. 24.1.1989

Ex.W12: Photostat copy of office memo of Ministry of Labour dt. 20.12.04

Ex.W13: Photostat copy of notice to MOF dt.31.12.2004

Ex.W14: Photostat copy of lr. from M/o Finance to IG Mint The General Manager, dt. 11.3.2000

Ex.W15: Photostat copy of memo and ID order dt. 24.9.2004

Ex.W16: Photostat copy of order of Hon’ble High Court of M.P., in WP No.3089/1995 dt. 20.8.1996

Ex.W17: Photostat copy of order in SLP dt. 15.11.1993

Ex.W18: Photostat copy of office memo from Director to MOL dt. 20.12.2004

Ex.W19: Photostat copy of organization chart dt. 5.7.1998

Documents marked for the Respondent

Ex.M1: Recruitment Rules for Group C corrected up to 31.8.1997

Ex.M2: Photostat copy of pay slip of WW1

Ex.M3: Photostat copy of pay slip of Matta Nageswara Rao

Ex.M4: Photostat copy of pay slip of Tetala Kamaraja Reddy

Ex.M5: Photostat copy of pay slip of Perumalla Venu Gopal Setty

Ex.M6: Photostat copy of orders issued by the Government of India, D/o Economic Affairs, New Delhi (5 pages)

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New Delhi, the 16th December, 2015

S.O. 2343.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (I.D No. 33/2014) of the Central Government Industrial Tribunal Cum Labour

Court, No.1, Chennai now as shown in the Annexure in the Industrial Dispute between the employers in relation to the

management of the Andrew Yule and Company Ltd., Chennai, and their workman, which was received by the Central

Government on 11/12/2015.

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

P. K. VENUGOPAL, Desk Officer

4828

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL- CUM - LABOUR COURT

CHENNAI

Friday, the 27th November, 2015

Present : K.P. PRASANNA KUMARI

Presiding Officer

Industrial Dispute No. 33/2014

(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 Andrew Yule & Co. Ltd. and their

workman)

BETWEEN

Sri K. Ramesh

:

1st Party/Petitioner

AND

The General Manager (CO)

:

2nd Party/Respondent

Andrew Yule and Company Ltd.

(Electrical Division), Chennai Operation

No. 5/346, Old Mahabalipuram Road

Perungudi

Chennai-600096

Appearance

For the 1st Party/Petitioner

:

M/s Ajoy Khose & S. Manoharan, Advocates

For the 2nd Party/Respondent

:

M/s T.S. Gopalan & Co., Advocates

AWARD

This is an Industrial Dispute taken on file under 2(A)(2)(1) of the Industrial Disputes Act, 1947 (as amended by

Act-24 of 2010 w.e.f. 15.09.2010).

1.

The averments in the Claim Statement filed by the petitioner in brief are these:

The petitioner joined the service of the Respondent as a Hammerman in 1990 and was made permanent in 1991.

Originally the petitioner was a member of the Union affiliated to CITU. Later he became a member of Andrew Yule and

Co. Staff Workers Union affiliated to LPF. At the time of the alleged incident, the petitioner was working in the Core

Assembly Section as a Fitter. During March 2009 the workman including the petitioner had demanded payment of salary

after merging the DA. The Management who did not like this issued Charge Memo to the petitioner and two other

workmen and conducted an enquiry. However, the Enquiry Officer filed report holding that the charge against the

petitioner is not proved. Since the Management was not able to punish the petitioner on the above allegation the

petitioner was put under suspension by order dated 18.12.2010 alleging that the petitioner had manhandled the Security

Supervisor on duty on 17.12.2010. Thereafter the Second Respondent issued a Charge Memo to the petitioner alleging

that on 17.12.2010, by about 0245 PM, he intruded through the wicked gate and proceeded towards the shop floor

without heeding to the instruction of the Assistant Security Officer and by 0315 PM he abused and assaulted the

Company Security Supervisor, Ravikumar. The petitioner is alleged to have thus committed misconduct under Clauses-

21(11)(12)&(26) of the Certified Standing Orders. Another Charge Memo was issued to the petitioner on 03.01.2011

alleging that though he was supposed to remain only in the security area he proceeded towards the dining hall in spite of

instruction and efforts to prevent him failed and he has committed misconduct under Clauses-1, 8, 11, 12 and 26 of

Clause-21 of Certified Standing Orders. The petitioner had submitted explanation to both Charge Memos and had

denied charges leveled against him. The Respondent ordered an enquiry and appointed Enquiry Officer. The Enquiry

Officer, after enquiry submitted his findings holding that the petitioner is guilty of the charges leveled against him under

both Charge Memos. On the basis of the enquiry report the Respondent imposed punishment of dismissal from service

on the petitioner. The entire disciplinary action against the petitioner lacks bonafides. It is a case of malafide action and

victimization. The petitioner was not paid subsistence allowance in accordance with Tamil Nadu Payment of

Subsistence Allowance Act. The report of the enquiry and dismissal order are liable to be set aside. The petitioner has

raised Industrial Dispute before the Assistant Labour Commissioner (Central). He has not received any order of

reference from the Government. The petitioner is filed accordingly. An order may be passed directing the Respondent to

reinstate the petitioner in service with continuity of service and other attendant benefits.

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4829

2.

The Respondent has filed Counter Statement contending as below:

In the year 1990 the petitioner was taken as Hammerman (Trainee) to work in the Fabrication Department in the

Adyar Factory. After fabrication of tanks was discontinued the workman including the petitioner who were engaged in

the fabrication of tanks were shifted to Perungudi factory. The petitioner was addicted to alcoholism and was always

prone to indiscipline. He always exhibited a high handed behavior towards his superiors and defied their orders. Even

after reporting for duty he would not remain in the work spot for allocation of work. Perungudi factory works in two

shifts, one from 0600 AM to 0200 PM and another from 0200 PM to 1000 PM. The petitioner usually was seen moving

about in an around the factory even before and after his shift hours because of alcoholism. On 17.04.1997 the petitioner

had entered into an altercation with a co-workman and had abused and manhandled him. After enquiry he was awarded

punishment of suspension for 4 days. On 17.12.2010 the petitioner had left the factory on completion of his shift. On the

same day, by 0245 PM he unauthorizedly entered through the wicked gate and proceeded towards the shop floor without

heeding to the instruction of the security agency not to enter. After 30 minutes he came to the main gate and abused the

security supervisor Ravikumar, calling him Bhadu stating that he is responsible for creating a scene for the incident. He

also hit him on his chin. On 18.12.2010 he was placed under suspension and a charge sheet was issued to him on

21.12.2010 asking him to show cause why disciplinary action shall not be taken against him. When he was under

suspension, on 31.12.2010 by 1140 AM the petitioner came to the main gate security post and wanted to meet one

Soundararajan. The Assistant Security Officer sent for Soundararajan and directed the petitioner to meet Soundararajan

in the security area. The Security Officer also told him that he cannot be allowed to go in the factory. Soundararajan told

the Security Officer that he had taken permission from the General Manager and took the petitioner inside the factory.

They remained in the Dining Hall for half an hour and then the petitioner left the factory. A charge sheet was issued to

the petitioner regarding the incident on 31.12.2010 also and his explanation was called for. A common enquiry was

conducted in respect of the two charges. The Enquiry officer submitted report holding that both charges are proved.

After considering the representation given by the petitioner to the Show Cause Notice the Disciplinary Authority passed

orders dismissing the petitioner from service. It is denied that the action against the petitioner is a vindictive measure.

The allegation that the petitioner was victimized also is denied. So also the allegation that the petitioner was not paid

subsistence allowance as per the provisions of the Tamil Nadu Industrial Establishment (Payment of Subsistence

Allowance) Act also is not correct. There is no necessity to interfere with the punishment awarded to the petitioner. The

petitioner is not entitled to any relief.

3.

The evidence in the case consists of oral evidence of WW1 and documents marked as Ext.W1 to Ext.W17 and

Ext.M1 to Ext.M14.

4.

The points for consideration are:

(i)

Whether the action of the Respondent in dismissing the petitioner from service is justified?

(ii)

What, if any is the relief to which the petitioner is entitled?

The Points

5.

The petitioner who had entered services of the Respondent as Hammerman in 1990 was working as a Fitter in the

Core Assembly Section of the Company at the time when proceedings was initiated against him alleging misconduct for

two separate incidents.

6.

The Respondent had put the petitioner under suspension consequent to the incident of misconduct that had

allegedly taken place on 17.12.2010. This was followed by charge sheet regarding the incident of 21.12.2010. It is

alleged in this that the petitioner who had already completed his shift on 17.12.2010 and had left the premises came back

and got inside the factory premises defying the instruction given by the Security Officer, remained at the premises for

half an hour and abused and assaulted Ravikumar, the Security Officer. By the second charge sheet it was alleged that

while the petitioner was under suspension, in spite of instruction not to go beyond the security area he went inside the

factory premises and remained at the dining hall for half an hour before he came out. In the enquiry conducted the

Management had examined three witnesses and the petitioner, seven witnesses. After considering evidence, the Enquiry

Officer found that both charges are established.

7.

The counsel for the petitioner has raised some preliminary objection regarding the enquiry. He has referred to

Ext.W1-the Suspension Order and has argued that even before charge sheet was issued and explanation of the petitioner

was obtained, the Respondent has decided to conduct an enquiry. This argument is advanced based on the wording in the

Suspension Order that the suspension of the petitioner is “pending issue of Charge Sheet-cum-Show Cause Notice and

enquiry to be conducted”. It could be seen from the subsequent act of the Respondent that after issuing charge memo

opportunity was given to the petitioner to submit his explanation. So merely because Ext.W1 refers to an enquiry to be

conducted the enquiry which was done in accordance with the procedure will not become vitiated.

8.

The counsel for the petitioner has pointed out that punishment has been imposed on the petitioner taking into

consideration his past conduct also. It could be seen from the Ext.W11-the Second Show Cause Notice issued to the

petitioner that the Management has decided to impose the punishment of dismissal from service on the petitioner

4830

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

considering the past record of the petitioner also. It is pointed out by the counsel for the petitioner that the Respondent

had not given any notice to the petitioner regarding taking his past conduct into account for imposing punishment on

him. During the enquiry proceedings, before issuing the Second Show Cause Notice which has already decided to take

past record into account, notice regarding the same was not given to the petitioner. When the petitioner was examined

before this Court, Ext.M9 to Ext.M14 was marked through the petitioner. These are the documents showing that the

petitioner was given punishment of four days suspension on the charge that he had refused to carry out the instruction of

his superior in his work. However, bringing out these facts at the time of examination of the petitioner before this

Tribunal is not sufficient. The past incident was taken into account by the Disciplinary Authority without giving any

notice to the petitioner regarding the same. The counsel for the petitioner has referred to the decision of the Madras High

Court in SRI BHARTI MILLS VS. N.S. MOHAN reported in 1991 2 LLN 565 where it was held that if objectionable

past conduct was not made a part of Charge Memo principles of natural justice will be violated. So the attempt of the

Respondent before this Tribunal to prove the past conduct is not of any consequence. The petitioner was not allowed to

meet the case regarding his past conduct in the enquiry proceedings. So the past conduct cannot be considered in the

matter of imposing punishment on the petitioner even if the charges alleged against him are found proved.

9.

Now it is to be considered whether the charges alleged are proved. The counsel for the petitioner has advanced an

argument that two charge memos having been served on the petitioner, they are two independent proceedings and two

separate enquiries should have been conducted. The two incidents referred to in the two charge memos had occurred on

close-by dates and the Management has decided to conduct enquiry regarding the two charges by the same Enquiry

Officer. I do not think this decision of the Managements has caused any prejudice to the petitioner. The conduct of the

enquiry of both charges together could not be said to be to the detriment of the petitioner in any way.

10.

Now the charges can be examined one by one. In the first charge which is marked as Ext.W2, it is alleged that

on 17.12.2010, while the petitioner was not on duty, by 0245 PM he intruded through the wicked gate, adjacent to the

main gate and proceeded towards the shop floor without heeding to the instructions of agency Assistant Security Officer

on duty and the repeated attempts of the Assistant Security Officer to stop him was of no avail. It is further alleged that

by around 0315 PM the petitioner came towards the main gate in an agitated manner and started abusing the Company

Security Supervisor, Ravikumar in most vulgar and defamatory language and called him Bhadu and told him that all this

has been caused because of him. It is further stated that the petitioner hit Ravikumar with his right elbow thrice on the

chin and consequently Ravikumar was about to fall but was rescued by Pughazhendi, the Production Manager who was

witnessing the incident.

11.

Ext.W4 is the explanation submitted by the petitioner to Ext.W2-Charge Memo. A translation of the

explanation which is in Tamil has been submitted. In the explanation the petitioner has stated that on 17.12.2010 he had

completed his first shift and had got into the bus by about 0210 PM to return home but he realized from the bus that his

money purse, pocket diary, etc. were left in the Canteen of the Company while changing his dress. He immediately went

back and told the security that he had forgotten his things at the dining hall. However, the Security who was available

there prevented him from going inside and held his hand. He told the security that he has no right to do this and also told

him that it is the usual practice to collect the belongings, if any left after informing the Security and so he is going inside

and he can inform his superior regarding the same. He also told the security that he will inform the Office Bearers of the

Association regarding the same. He went inside and collected his belongings that were retained by a colleague and told

them about the “disgrace” he had to meet at the hands of the security. Then he called the Office Bearers of the Union to

the main gate. By then Ravikumar, the Security Officer came out of the Office and enquired the Office Bearers of the

Union and while they were telling him about the incident they were told that it was wrong of the petitioner to come

inside that he is to be caught hold off by the neck and is to be sent out. It is further stated that the Office Bearers had

warned Ravikumar not to create any problem and had sent the petitioner from there. The petitioner has denied the case

that he has beaten Ravikumar, the Security Officer.

12.

Ravikumar was examined as Management witness in the enquiry proceedings. He has stated that the petitioner had

entered the factory premises through the wicket gate even though he was prevented by the security guard from doing so.

According to this witness, by 0315 PM the petitioner went to him and stated that this “Bhadu” is the cause for

everything and then hit on his chin thrice with his elbow. He lost balance and was about to fall, but Pughazhendi, the

Production Manager who was available there came running and saved him.

13.

There is also the evidence by Pughazhendi that on the day in question by 0315 PM when he was going from the

office to the shop floor, the petitioner had come from the shop floor shouting at Ravikumar and assaulted him. He had

intervened and had separated them.

14.

The petitioner had examined three witnesses, all his colleagues and Office Bearers of the Union, regarding the

incident. The first witness Ashok Kumar had stated that a colleague of his had told him about the incident in which the

petitioner was not permitted to come to the Dining Hall. According to him, on receiving this information, he took the

Office Bearers of his Union Lingesan, Yesupadam, etc. and proceeded to the petitioner and the petitioner and others also

joined him. The petitioner again told him of what had transpired. At that time they found Ravikumar coming from the

Administrative Office to the place where they were talking. He informed Ravikumar of what had happened but

Ravikumar was supporting the security and was telling that the petitioner had acted wrongly. According to Ashok

¹Hkkx IIµ[k.M 3(ii)º

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4831

Kumar himself and others warned Ravikumar that such acts are wrong. They have decided to talk to the Management on

the matter. There is also the evidence by Lingesan that while all of them were talking about the incident Ravikumar

came out of the Administrative Office but he did not bother about it. This witness also has stated that they had warned

Ravikumar. This is the evidence given by Yesupadam also. He has also stated that Ravikumar was supporting the

Security and they have decided to discuss the same with the Secretary of the Union.

15.

It is beyond doubt from the explanation given by the petitioner itself that he had gone inside the factory premises

defying the instruction given by the Security Guard, not to enter without permission. Admittedly, the shift time of the

petitioner was over and it was at the time of the second shift he was trying to enter the premises. The justification

attempted on behalf of the petitioner is that he had left some of his belongings at the dining hall and wanted to collect

them and that is why he had gone there. It is also attempted to be brought out that there is no practice of getting

permission for such entry. The fact remains that the Security Officer who was on duty at the gate had prevented the

petitioner from entering inside and it was in defiance to this he had gone inside. The petitioner seems to have been

agitated over the fact that the security at the gate tried to prevent him at all. He had told the Security Officer that in spite

of his being prevented he is going inside and he can inform the superior officers about it. The petitioner himself has

stated that he told the Security that he has no right to prevent him as it is the usual practice to go in and collect the

belongings, if any left inside. It is revealed from the explanation of the petitioner itself that he was very much agitated

over the incident. He had told his colleagues that he was disgraced by the security. He had even informed the Union

authorities about the incident and they have decided to discuss the matter with the Secretary of the Union and then talk

to the Management. So it is clear that the petitioner made the incident an issue in spite of not heeding to the instruction

of the Security Guard.

16.

It is also not in dispute that while the petitioner and others were discussing the matter inside the premises,

Ravikumar had reached there and he was told of the incident. Ravikumar seems to have tried to tell them that what the

petitioner had done is not right. It is evident from what is stated by the witnesses on behalf of the petitioner that they

even warned Ravikumar since he has taken a stand against the petitioner. Of course, none of the witnesses on behalf of

the petitioner would state that the petitioner abused Ravikumar in filthy language and accused him as the one who is the

cause for the incident. Ravikumar had only then reached the place and had come to know about the incident only then.

The case is that apart from abusing Ravikumar in filthy language the petitioner also hit him thrice with the elbow on his

chin. This is spoken to by Pughazhendi, the Production Manager who reached the spot at the time also. It is apparent that

Pughazhendi had reached the place of the incident only at the last moment when the petitioner was allegedly hitting

Ravikumar with his elbow. He does not seem to have witnessed what happened prior to that. What Pughazhendi has

stated during his examination is not that he removed Ravikumar from the place of incident and saved him from further

assault by the petitioner but that he separated petitioner and Ravikumar. This presupposes that it was not a unilateral

action on the part of the petitioner. The allegation of Ravikumar is that he was hit at chin by the petitioner with his

elbow thrice. If the petitioner had deliberately hit at Ravikumar with the intention to cause harm, he need not have used

his elbow rather than his hand. So this also would show that it could not have been a unilateral act on the part of the

petitioner. Probably, after the petitioner had abused Ravikumar some untoward incident might have occurred between

the two resulting in the alleged incident of physical assault. There might have had some provocation from the other side

also. In any case it is clear that the petitioner had got inside the factory premises in spite of his having been prevented

from doing so and he has abused Ravikumar in filthy language and had even raised his elbow against Ravikumar.

17.

The charge in Ext.W3-Charge Memo is that on 31.12.2010 by 1140 AM the petitioner came to the main gate

security post and wanted to meet Soundararajan, Soundararajan came to the security area and wanted to take him to the

dining hall and in spite of agency Assistant Security Officer telling the petitioner that he is not allowed to go in the area

inside the factory, he did not heed to the instruction and proceeded towards the dining hall and the efforts of the

Assistant Security Officer to prevent him from going to the dining hall was of no avail.

18.

Ext.W8 is the explanation given by the petitioner regarding the Second Charge. What he has stated in this is that

he had come to the factory as usual at 0955 AM. The Watch and Ward who was on duty had told him that there is a

letter for the petitioner and he was asked to get the same. The petitioner told him that he wanted to get the advice of the

Secretary of the Union before collecting the letter. In the meanwhile he met Kamaraj, a Co-Worker and they

together went and received the letter. He had asked for Vijay Kumar and Soundararajan, two Office Bearers of the

Union and they had come to the main gate. After some time Vijayakumar informed the Security on Duty and took him to

the Dining Hall. He was sitting in the Dining Hall. By 1040 AM Vijaya Kumar took him to main gate and sent him out.

19.

What could be seen from the above explanation of the petitioner is that he had entered inside the factory premises

and had been in the Dining Hall on the particular day. However, according to him he had reached the main gate at

0955 AM, gone inside with the permission of the security alongwith Vijayakumar and had left the Dining Hall by

1040 AM itself. Thus the stand of the petitioner is that incident as referred to in the charge had not taken place at

1140 AM on 31.12.2010.

20.

Venkatasubban, the Security Guard on Duty on 31.12.2010 had been examined by the Management. According to

this witness, the petitioner reached the gate at 1140 AM and wanted to go to the Dining Hall and he was told that he has

4832

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

no permission to go inside, Soundararajan who reached there told him that permission is not needed and the petitioner

will be taken inside. During cross-examination this witness has stated the occurrence was at 1140 AM and the petitioner

had reached the place even before that.

21.

Kamaraj referred to in the explanation of the petitioner has been examined on his behalf. This witness has given

evidence in tune with the explanation given by the petitioner. He has referred to receipt of two letters by the petitioner.

However, this witness did not state at which time he found the petitioner at the premises. But he has stated that the

petitioner did not come inside at 1140 AM. He has referred to the petitioner having been in the Dining Hall prior to that.

There is also the evidence of Vijayakumar. He has also stated that it was before 1140 AM the petitioner has come to the

place, had been at the Canteen, etc.

22.

When the evidence regarding the incident is assessed it could be seen that the case of the Management that the

petitioner had entered the Dining Hall inside the factory premises is admitted. The only difference is that according to

the petitioner this was before 1140 AM which is the time given in the charge and it was with the permission of the

Security Guard. However, Venkatasubban the Security Guard has categorically stated that the petitioner went inside the

factory premises by 1140 AM. It is clear from Ext.W4, the explanation given by the petitioner that even on 17.12.2010

when the petitioner was still working his attempt to enter the factory premises after his duty time was objected to by the

Security Guard. It was after the incident of 17.12.2010 that he was suspended and a charge memo was issued to him for

the misconduct including entering the factory premises without permission while he was not on duty. So there could be

no doubt that he would not have obtained permission from the Security Guard for entering the factory premises, even if

it is the Dining Hall, after he was suspended. What the Security Guard has stated is that when he objected to the

petitioner going inside Vijayakumar who is a leader of the Union took the petitioner inside defying the objection raised

by the Security Guard. When the fact that the petitioner had entered the factory premises is taken into account, it is only

to be deciphered that this was without the permission of the Security Guard. The case that the petitioner was not in the

premises at all at 1140 AM could not be believed. What seems probable is that he entered the Security Gate as usual and

when he was told about the letters awaiting him, he contacted the Union Leaders and with their support, he went inside

the premises defying the objection raised by the Security Guard. The Enquiry Officer had all justification in entering a

finding against the petitioner.

23.

Now the question is whether the punishment that has been awarded to the petitioner is in proportion to the gravity

of the offences charged against him. The counsel for the Respondent has referred to a catena of decisions to advance his

argument that the punishment that is imposed on the petitioner is in proportion to the offences proved. In the decision of

the Apex Court in NEW SHORROCK MILLS VS. MAHESHBHAI RAO reported in 1996 6 SCC 590 referred to by the

counsel, it has been held that abusing the Deputy Manager and threatening the Officers of the management that they

would not be safe outside the institution is a misconduct which calls for discharge from service. The punishment was

found to be not disproportionate. In the decision in DEVENDRA SWAMI VS. KARNATAKA STATE ROAD

TRANSPORT CORPORATION reported in 2002 9 SCC 644 it has been held that the discharge from service is a proper

punishment for the bus conductor who failed to issue tickets to some passengers in spite of collecting fare from them. In

the decision in BHARAT HEAVY ELECTRICALS LTD. VS. M. CHANDRASEKARA REDDY AND OTHERS

reported in 2005 2 SCC 481 it has been held that illegal removal of mortgaged documents and trying to justify the

removal by producing fabricated documents is a serious misconduct and the punishment of termination from service is a

proper one. In the decision in DIVISIONAL CONTROLLER, KSRTC VS. A.P. MANE reported in 2005 3 SCC 254 it

has been held that the punishment of dismissal is proper in a case of misappropriation of funds. In the decision in

MAHINDRA AND MAHINDRA LTD. VS. N.B. NARAWADE reported in 2005 3 SCC 134 it has been held that use

of abusive language on several occasions is sufficient to invite punishment of dismissal from service. In the case M.P.

ELECTRICITY BOARD VS. JAGDISH CHANDRA SHARMA reported in 2005 3 SCC 401 it was held that blow on

the nose of an engineer and causing fracture is an offence which invites the punishment of termination from service.

Unauthorized withdrawal of money by the Branch Manager even though the amount was subsequently deposited and

there was no loss to the Bank was found to be an offence inviting removal from service in the decision in DAMOH

PANNA SAGAR RURAL REGIONAL BANK AND ANOTHER VS. MUNNA LAL JAIN reported in

2005 10 SCC 84.

24.

On going through the punishment in the above cases it could be seen that the workmen in all those cases were

involved in major offences like misappropriation, previous physical assault, etc. In one case where use of abusive

language invited punishment of termination from service, it was a case where the delinquent was continuously resorting

to such practice.

25.

Can a misconduct proved against the petitioner be compared to those offences referred to earlier? The counsel for

the petitioner has referred to two decisions of the Apex Court in which punishment other dismissal or discharge from

service had been given considering the lesser gravity of the act. In the decision in ANIL KUMAR VS. PRESIDING

OFFICER AND OTHERS reported in 1985 1 LLJ 101 the punishment of termination from service was found

unsustainable for the offence of neglect from duty and refusal of local orders. In the decision in NICHOLAS PIRAMAL

INDIA LTD. VS. HARI SINGH reported in 2015 2 LLJ 20 (SC) the misconduct of go slow work was found to be not an

offence inviting dismissal from service.

26.

When the circumstances are considered, it could be seen that the petitioner does not deserve the punishment of

termination from service. Even according to the Management, the only punishment he had met earlier was a suspension

for 4 days. So far as the first charge is concerned, I have found that even though there was assault of the Security

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4833

Supervisor it could not have been done with any intention to cause harm or hurt to him. The second charge is only that

he entered the premises without permission. When the entire circumstances are taken into account I do not think the

offences proved are too grave as to invite punishment of dismissal from service. The petitioner in fact deserves a better

treatment by way of punishment. Because of the order of dismissal the petitioner had to remain without job for 4 years.

The petitioner is entitled to be reinstated in service with some lesser punishment.

27.

On going through the Certified Standing Orders of the Respondent it is seen that the punishments provided are

Warning or Censure, Suspension for a period not exceeding 4 days, action as permitted in the Payment of Wages Act

and Dismissal without Notice. The punishment that can be imposed is Warning or Censure but this would be too lenient

a punishment when the nature of offences are taken into account. So the petitioner can be brought down to the next

lower scale of pay.

Accordingly, the Respondent is directed to reinstate the petitioner in service without backwages and impose the

punishment referred to above. The reference is answered accordingly.

(Dictated to the P.A., transcribed and typed by him, corrected and pronounced by me in the open court on this day the

27th November, 2015)

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner

:

WW1, Sri K. Ramesh

For the 2nd Party/Management

:

None

Documents Marked :

On the petitioner’s side

Ex.No.

Date

Description

Ext.W1

18.12.2010

Suspension Order issued by the 2nd Party to 1st Party

Ext.W2

21.12.2010

Charge Memo issued to the 1st Party

Ext.W3

30.12.2010

Letter of the 1st Party

Ext.W4

03.01.2011

Charge Memo issued by the 2nd Party to the 1st Party

Ext.W5

12.01.2011

Explanation submitted by the 1st Party to the Charge

Memo dated 21.12.2010

Ext.W6

12.01.2011

Explanation submitted by the 1st Party to the Charge

Memo dated 03.01.2011

Ext.W7

19.01.2011

Enquiry Notice

Ext.W8

20.04.2011

Enquiry Findings

Ext.W9

26.04.2011

Memo given by the 2nd Party to the 1st Party

Ext.W10

30.04.2011

Letter given by the 1st Party

Ext.W11

04.05.2011

Second Show Cause Notice

Ext.W12

06.05.2011

Explanation submitted by the 1st Party to the Enquiry

Officer’s Report

Ext.W13

10.05.2011

Explanation submitted by the 1st Party to the Second

Show Cause

Ext.W14

10.10.2011

Dismissal Order

Ext.W15

20.02.2012

2(A)(1) Petition

Ext.W16

10.06.2012

Remarks filed by the 2nd Party

Ext.W17

24.01.2013

Failure Report

4834

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

On the Management’s side

Ex.No.

Date

Description

Ext.M1

27.04.1990

Application of K. Ramesh for Employment

Ext.M2

14.06.1990

Appointment Order Hammerman Trainee

Ext.M3

01.10.1994

Order transferring the petitioner from Adayar to

Perungudi factory, Insulation Section – w.e.f. 24.10.1994

Ext.M4

28.01.2011

Proceedings of Enquiry – in respect of charge sheet

04.02.2011

dated 21.12.2010 and 03.01.2011

12.02.2011

02.03.2011

19.03.2011

02.04.2011

&

09.04.2011

Ext.M5

17.12.2010

Complaint of Mr. Ravikumar

Ext.M6

31.12.2010

Complaint of Mr. T. Venkatesubramani

Ext.M7

20.02.2012

2A filed before ALC (C)

Ext.M8

11.06.2012

Reply filed by Respondent Management to ALC (C)

Ext.M9

21.05.1996

Letter informing, “Not Earned Wages for the Period Not

Worked” between 10.45 and 12.15 Hrs. on 18.03.1996

for deserting the place of work and indulged in shouting

slogans in D.G.M’s Office

Ext.M10

17.05.1996

Letter from Petitioner to General Manager

Ext.M11

21.04.1997

Charge Sheet – cum – Show Cause Notice for

attempting to attack Harry Devapriyan with Iron Roll, etc.

Ext.M12

21.11.1997

Suspension for four days as punishment from

24.11.1997 to 27.11.1997 in respect of proven charges

as stated in charge sheet dated 21.04.1997

Ext.M13

14.07.1997

Charge Sheet dated 14.07.2007 in respect of the

complaint dated 13.07.2007 for disobedience/acts

subversive of discipline and notified that he will not earn

wages for the period not worked between 10.30 to 14.00 hrs.

Ext.M14

25.07.2007

Explanation of Mr. K. Ramesh for the charge sheet

dated 14.07.2007

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4835

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New Delhi, the 16th December, 2015

S.O. 2344.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award Ref.136/2007 of the Cent.Govt.Indus.Tribunal-cum-Labour Court, Hyderabad

as shown in the Annexure, in the industrial dispute between the management of SCCL and their workmen, received by

the Central Government on 16/12/2015.

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

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT HYDERABAD

Present: - Sri Kishori Ram,

Presiding Officer Incharge

(Authorized for adjudication)

Dated the 21st day of July, 2015

INDUSTRIAL DISPUTE L.C. No. 136/2007

Between:

Sri Jeedula Bhaskar

S/o Ramulu,

C/o A. Sarojana,

Flat No.G7,

Rajeshwari Gayatri Sadan,

Opp: Badruka Jr. College for Girls,

Kachiguda, Hyderabad.

..….Petitioner

AND

1.

The General Manager,

M/s. Singareni Collieries Company Ltd.,

Srirampur area, Srirampur,

Adilabad district.

2.

The Colliery Manager/Superintendent of Mines,

M/s. Singareni Collieries Company Ltd.,

SRP-2 incline, Srirampur Area, Srirampur.

Adilabad district.

….Respondents

Appearances:

For the Petitioner:

M/s. A. Sarojana & K. Vasudeva Reddy, Advocates

For the Respondent: Sri M.V. Hanumanth Rao, Advocate

4836

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

AWARD

This is a case taken under Sec. 2 A (2) of the I.D. Act, by the Petitioner Sri Jeedula Bhaskar against the

management of M/s. Singareni Collieries Company Ltd., and numbered in this Court as L.C.I.D.No. 136/2007 and

notices were issued to the parties concerned.

2.

Petitioner Sri Jeedula Bhaskar with his Learned Counsel Sri K. Vasudeva Reddy is present but none of the

Respondent present. By filing a petition on behalf of Petitioner and its copy of duly received by the Learned Counsel for

the Respondent, the Learned Counsel for the Petitioner submits that the instant L.C. case was filed against the action of

the Respondent for the dismissal of the Petitioner from the service. It is also submitted that during the pendency of the

case, the Respondent/management has offered an employment to the Petitioner but subject to the withdrawal of this case,

only then the employment of the Petitioner could be considerable. Therefore, the case may be withdrawn with a liberty

to raise a fresh dispute, if any arises. Heard the Learned Counsel for the Petitioner. The petition is allowed to withdraw

the case and the same is accordingly disposed as no ID existing.

Award is passed accordingly. Transmit.

Dictated to LDC, transcribed by him and corrected by me on this the 21st day of July, 2015.

KISHORI RAM, Presiding Officer

Appendix of evidence

Witnesses examined for the

Witnesses examined for the

Petitioner

Respondent

NIL

NIL

Documents marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

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New Delhi, the 16th December, 2015

S.O.2345.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.06/2009) of the Cent.Govt.Indus.Tribunal-cum-Labour

Court, Lucknow as shown in the Annexure, in the industrial dispute between the management of FCI Regional Office.

UP Khadya Sadan Vibhuti FCI, Distt. Office Chhatra Sangh Chauraha and their workmen, received by the Central

Government on 16/12/2015.

[No. L-22011/65/2008 - IR(CM-II)]

RAJENDER SINGH, Section Officer

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4837

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, LUCKNOW

PRESENT

RAKESH KUMAR,

Presiding Officer

I.D. No. 06/2009

Ref.No. L-22011/65/2008-IR(CM-II) dated 06.04.2009

BETWEEN

The President

FCI(Handling) Workers Union

8654 Arakashan Road, Pahar Ganj

New Delhi-110055

AND

1. The Area Manager

FCI, Distt. Office Chhatra Sangh Chauraha

87A, Kalenpur Gorakhpur-273001

Lucknow

2.

The General Manager (Region)

FCI Regional Office, UP Khadya Sadan

Vibhuti TC/37, Gomti Nagar, Lucknow

AWARD

1.

By order No. L-22011/65/2008-IR(CM-II) dated 06.04.2009 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 the President, FCI

(Handling) Workers Union 8654 Arakashan Road, Pahar Ganj, New Delhi and the Area Manager, FCI, Distt.

Office, Chhatra Sangh Chauraha Gorakhpur-273001 and the General Manager (Region) FCI Regional Office, UP

Khadya Sadan Vibhuti TC/37, Gomti Nagar, Lucknow for adjudication.

2.

The reference under adjudication is:

“WHETHER THE ACTION OF THE GENERAL MANAGER, FOOD CORPORATION OF INDIA,

LUCKNOW IN PENALIZING AND RECOVERY OF DEMURRAGE CHARES FROM S/SRI

YOGENDRA PRASAD, SARDAR GANG NO.2 AND DILIP RAM PRASAD, SARDAR GANG NO.2 OF

FCI BASTI DEPOT IS LEGAL AND JUSTIFIED? IF NOT, TO WHAT RELIEF ARE THE WORKMEN

IS ENTITLED TO?”

3.

The union as per the claim statement, has stated in brief that it is trade union duly registered under the Trade

Union Act; and it has stated therein that CERTIFIED STANDING ORDERS are provided for the industrial

establishment, and it has been certified vide order dated 27.02.1996 and further modified vide order dated

31.08.00. Different clauses of the standing orders have been mentioned in the claim statement.

4.

The workman union has further stated that the management of FCI in cases of demurrage imposed by the Railway

authorities deal in the matter with Railway authorities and in the event the case is not settled in favour of the

management of FCI, the demurrage amount is paid by them to the concerned authority of the Railway. The Area

Manager, FCI District Office, Gorakhpur vide his letters No. 09/17.01.2006 arbitrarily ordered for recovery of

Rs.18,387.50 from the wages of Sri Yogendra Prasad, Sardar, Gang No. 6 and Sri Dilip Ram Prasad, Sardar

Gang No. 2 of FCI, Basti Depot from each worker as penalty (Total amount of Rs. 36,775.00).

5.

The workmen have emphasized that the management of FCI further imposed the financial penalty and ordered to

recover an amount of Rs.18387.50 from the wages of Sri Yogendra Prasad, Sardar, Gang No. 6 and Sri Dilip

Ram Prasad, Sardar, Gang No. 2 from each worker; that is total amount of Rs. 36775. The above financial penalty

was imposed on the above named worker through the separate office order. The party No. 2 ordered the financial

4838

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

penalty for recovery of the demurrage amount from the above named worker on 9/17.01.2006 and 20.01.2007

respectively but before issue the above orders the party No.2 called the explanation through memo dated

5/6.12.2006 separately from the above named workers which was received to them on 26.12.2006.

6.

The management of FCI further imposed the financial penalty and ordered to recover an amount of Rs.19500 from

the wages of Sri Yogendra Prasad, Sardar, Gang No. 6 and Sri Dilip Ram Prasad, Sardar, Gang no.2 each workers

that is total amount of Rs.39,000. The party No.2 before above recovery had also called earlier explanation for

recovery from the above named workers vide memo dated 21.11.2006 separately. The workmen named above

submitted their explanation, which was called for separately by the party No.2 and denied the allegations for

causing the demurrage because of them.

7.

The union has stated that the FCI Area Manager was well aware with the instructions communicated in January

1984 by the Movement Commercial Department of the FCI vide their circular dated Jan.1984, the relevant clause

has been written therein.

8.

The workmen union further pleaded that the above named workers are the departmental workers of the party No.2

therefore, in accordance with the instructions issued by the Movement Commercial Department of Party No.2

mentioned at para No.15; opposite party was supposed to have taken necessary disciplinary action as provided

under Rules and the disciplinary procedure is elaborately laid down in the Certified Standing Orders which are

applicable to the establishment as explained above. The explanation of the above named workers were called on

06.12.2006 (received to the workmen on 26.12.2006) and explained by them on 04.01.2007; will show that while

imposing the financial punishment as penalty to recover the demurrage amount vide order dated 17.01.2006 and

20.01.2007 respectively for both the recovery from each worker, no Principle of Natural Justice was followed; the

workers have not accepted the allegations, therefore in the circumstances the comprehensive disciplinary

proceeding was mandatory. The party No. 2 otherwise could not impose financial punishment, and to recover the

amount as penalty is otherwise out of their power to impose; as the Certified Standing Orders as well as the

instructions of Movement Commercial Department of party No. 2 mentioned above do not at all permit so.

9.

The workmen have emphasized that the recovery of demurrage amount from the workmen’s wages can not be

effected on part of the workers, if provided in the form of misconduct in the domestic enquiry which have not been

held by the management, consequently the workmen have been totally deprived from availing genuine opportunity.

The act of the management has been alleged to be illegal, unjustified and against the principle of natural justice.

The worker’s union has prayed to quash the order of the management for recovery of demurrage amount of wages

of workers of the mentioned Depot; and has requested for repayment of the amount recovered to the concerned

workmen.

10. Applicant has filed certain documents (photo copies etc.) alongwith with the claim statement.

11. The management has filed written statement M-9 stating therein that the management has got right to recover the

demurrage from those persons responsible for loss as mentioned in the relevant certified standing orders. It has

further been stated in the written statement that in regards to recovery of Rs.18,387/50 and Rs.19,500/- each from

the wages of Sri Yogendra Prasad, Sardar, Gang No. 6 and Sri Dilip Ram Prasad, Sardar, Gang No. 2; orders have

been correctly passed by Area Manager, Food Corporation of India, Gorakhpur within the preview of his powers as

disciplinary authority as mentioned in the Certified Standing Order framed under Industrial Employment Standing

Order Act, 1946 under which departmental workers are governed. The Food Corporation of India has legally and

justifiably passed both the recovery orders of demurrage amount from the concerned workmen. An officer holding

the charge of District/Area Manager is supposed to be a custodian of all the properties moveable or immovable of

his area in his jurisdiction and in case of any loss in the terms of goods or cash, has a right to take appropriate

action to protect the interest of corporation in each and every manner for which District/Area Manager is deployed

for. The management has prayed to dismiss the claim statement along with cost.

12. The relevant clauses of the standing order have been filed by the management. The workers union thereafter filed

rejoinder W-10 with strong denial of the allegations levelled in the written statement.

13. Affidavit of Sri Hari Kant Sharma was filed by the workman along with annexures. The witness was dully cross-

examined on behalf of the management.

14. The opposite party filed affidavit of Sri Ram Agya Satpati, Manager as M-20 alongwith annexures; he was duly

cross-examined on behalf of the workmen. Later on another affidavit of Sri Om Prakash was filed by the

management as ME-28 alongwith annexures. The union duly cross examined this witness as well.

15. Arguments of both the learned A/R of the parties have been heard at length and the record has been perused

thoroughly.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4839

16. The learned authorized representative of the workman has submitted that the action of the management of the FCI

had been arbitrary and voilative of principles of natural justice as it did not serve any notice before imposing

alleged recoveries upon the workmen. It is also the case of the workman that the management did not follow Rules

and Regulations given in the Certified Standing Orders.

17. In rebuttal, the authorized representative of the management has contended that with regard to payment of

demurrage charges by FCI to Railways in case of non settlements in favour of FCI, the FCI management has right

to recover from those person responsible for losses as mentioned in the Certified Standing Order in Clause 15 (i) &

(ii). He has further argued that the recoveries have correctly been passed by the Disciplinary Authority under

Rules as the workmen have been given notice of demurrages and the penalty was imposed after considering their

respective replies; hence there stands no violation of the principles of natural justice, more so as the penalty

imposed comes within the purview of minor penalty.

19.

I have given my thoughtful consideration to the rival submissions of the learned authorized representatives of the

parties and scanned documentary evidence available on record.

20. The case of the workman is that the management of FCI imposed the alleged recoveries without issuing any notice

to them; whereas the management has specifically pleaded that the workmen had been issued show cause notice

and recoveries have been imposed after considering their respective replies. The workman have filed order dated

17.01.2006, 20.01.2007, paper No. 4/44 to 4/49, which clearly reveals that the workmen have been issued separate

memorandums and were imposed above noted orders of recoveries after taking into consideration their respective

replies, thus, the stand of the workman’s union falls that the management did not inform them before imposing

penalty. Moreover, it is also the stand of the FCI that the penalty imposed is minor one and the disciplinary

authority after considering all the facts and circumstances of the case decided not to take formal disciplinary

action. Also, it is not the case of the workman’s union that the demurrages were not casued.

21. Now it comes to the question whether court can exercise its powers under Section 11-A of the Industrial Disputes

Act, 1947, which empower the Labour Court to interfere with the punishment imposed upon the workman.

Hon’ble Apex Court in B.C. Chayurvedi v. Union of India, (1995) 6 SCC 749 while discussing about the scope of

judicial review, in disciplinary matters, has observed as under:

“The High Court/Tribunal, while exercising the power of judicial review, cannot normally substitute its own

conclusion on penalty and impose some other penalty. If the punishment imposed by the disciplinary authority

or the appellate authority shocks the conscience of the High Court/Tribunal, it would appropriately mould the

relief, either directing the disciplinary/appellate authority to reconsider the penalty imposed, or to shorten the

litigation, it may itself, in exceptional and rare cases, imposed appropriate punishment with cogent reasons in

support thereof.”

In DG, RPF vs. Sai Babu (2003) 4 SCC 331, Hon’ble Apex Court has observed that:

“6…………. Normally, the punishment imposed by a disciplinary authority should not be disturbed by the High

Court or a tribunal except in appropriate cases that too only after reaching a conclusion that the punishment

imposed is grossly or shockingly disproportionate, after examining all the relevant factors including the nature

of charges proved against, the past conduct, penalty imposed earlier, the nature of duties assigned having due

regard to their sensitiveness, exactness expected of an discipline required to be maintained, and the

department/establishment which the delinquent person concerned works.”

22.

Section 11 A of the Industrial Disputes Act, 1947 reads as under:

“11A. Powers of Labour Courts, Tribunal and National Tribunals to give appropriate relief in case of discharge

or dismissal of workmen. – Where an industrial dispute relating to the discharge or dismissal of a workman has

been referred to a Labour Court, Tribunal or National Tribunal for adjudication and, in the course of the

adjudication proceedings, the Labour Court, Tribunal of National Tribunal, as the case may be, is satisfied that

the order of discharge or dismissal was not justified, it may, be its award, set aside the order of discharge or

dismissal and direct re-instatement of the workman on such terms and conditions, if any, as it thinks fit, or give

such other relief to the workman including the award of any lesser punishment in lieu of discharge or dismissal

as the circumstances of the case may require:

Provided that in any proceeding under this section the Labour Court, Tribunal or National Tribunal, as the

case may be, shall rely only on the materials on record and shall not take any fresh evidence in relation to the

matter.”

A bare reading of the section makes it clear that Section 11-A of the Industrial Disputes Act has been enacted to

empower the Labour Court to interfere with that management’s decision to dismiss, discharge or terminate the

services of a workman in such cases. In respect of other punishments, it has been observed and consistently held

by the Courts that the tribunal does not have power to substitute its own judgment for that of the management.

Hon’ble Apex Court in South Indian Cashew Factories Workers’ Union vs. Kerala State Cashew Development

Corpn. Ltd (2006) 5 SCC 201 made the following observations:

4840

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

“Section 11-A of the Act gives ample power to the Labour Court to re-appraise the evidence adduced in the

enquiry and also sit in appeal over the decision of the employer in imposing punishment. Section 11-A of the

Industrial Disputes Act is only applicable in the case of dismissal or discharge of a workman as clearly

mentioned in the section itself.”

23.

Whether similar power can be exercised by the Labour Court where the punishment award is neither dismissal,

punishment nor retrenchment? This issue has been considered by Hon’ble Allahabad High Court in Allahabad

Bank vs. Presiding Officer, Central Govt. Industrial Tribunal-cum- Labour Court, Kanpur & Others 2012 (133)

FLR 1098; where it has been observed that:

“Section 11-A empowers the Labour Court to re-appreciate the evidence and correct the judgment, in case of

discharge, dismissal and termination, while in case of other punishments, no such power is vested with the

Labour Court”.

24.

In the instant case the workmen have been issued separate memorandums for alleged demurrages; and after

considering their respective replies, the order for recoveries were issued by the Competent Authority which

amounted to minor penalty. There is no reliable material for recording findings that the alleged action of the

management of FCI in recovering of demurrage charges from workmen, was excessively harsh or disproportionate

one.

25.

Accordingly, in view of the facts and circumstances of the case and decision of Hon’ble Supreme Court, I am of

opinion that the recovery orders need not to be interfered by this Tribunal. Hence, the reference is adjudicated

against the workman’s union; and as such, I come to the conclusion that the workmen viz. Sri Yogendra Prasad

and Dilip Ram Prasad are not entitled to the relief claimed.

26.

Award as above.

LUCKNOW.

RAKESH KUMAR, Presiding Officer

30th October, 2015.

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New Delhi, the 16th December, 2015

S.O.2346.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 07/2009) of the Cent.Govt.Indus.Tribunal-cum-Labour

Court, Lucknow as shown in the Annexure, in the industrial dispute between the management of Food Corporation of

India, and their workmen, received by the Central Government on 16/12/2015

[No. L-22011/76/2008 - IR(CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, LUCKNOW

PRESENT: RAKESH KUMAR, Presiding Officer

I.D. No. 07/2009

Ref.No. L-22011/76/2008-IR(CM-II) dated 08.04.20009

BETWEEN

The State Secretary,

Bharatiya Khadya Nigam Karamchari Sangh

TC/3V, Vibhuti Khand

Gomti Nagar,

Lucknow(U.P.)

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4841

AND

The Regional Manager,

Food Corpn. Of India,

Elite Building, Civil Lines,

Jhansi (U.P.)

The Executive Director (North),

Food Corporation of India

Plot No. 2A, 2B

Sector 24, Gautam Budh Nagar

Noida (U.P.)

AWARD

1.

By order No. L-22011/76/2008-IR(CM-II) dated 08.04.2009 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 State Secretary, Bharatiya

Khadya Nigam Karmchari Sangh, Gomti Nagar, Lucknow and the Executive Director (North) FCI Noida, Regional

Manager,FCI, Jhansi for adjudication.

2.

The reference under adjudication is:

“WHETHER THE ACTION OF THE MANAGEMENT OF FCI IMPOSING PENALTIES ON

SHRI SHAMBHU DAYAL VIDE THEIR ORDERS DATED 12.05.2008, 30.05.2008, 09.04.2008, 31.05.2008

AND 23.05.2007 IS LEGAL AND JUSTIFIED? TO WHAT RELIEF IS THE CLAIMANT WORKMAN

ENTITLED FOR?”

3.

As per the claim statement, the workman through union has stated in brief that 5 identical charge sheets dated

05.05.05, 11.06.2006, 02.06.2007, 13.08.2007 and 26.03.2008 have been issued by the opposite party under

Regulation 60 of Staff Regulations 1971. The list of minor penalties has been given in the claim statement; the

charge sheets were regarding alleged unjustified storage losses. The workman stated that there was no list of

documents on the basis of which the alleged chargesheets framed , nor any document have been mentioned therein,

nor any documents have been provided to the workman for effective reply. Detailed reply of the aforesaid charge

have been submitted by the workman.

4.

The workman has further stated that the Disciplinary Authority has been casted two responsibilities by Regulation

60(1)(C) and 60 (1) (d) of Regulations which have been reproduced as under:

a.

“………………

b.

……………….

c.

Taking the representation of any submitted by the employee under clause (a) and the record of enquiry, if

any, held under clause (b) into consideration.

d.

Recording a finding on each imputation or misbehavior.”

5.

It has been pleaded in the claim statement that the opposite party no.1 and 2 have passed the following penalties

upon workman illegally, arbitrarily and without compliance of regulation 60 (1) (C) and regulation 60 (1) (d) of

the Regulations:

Sl. Penalty order Passed by Penalty of recovery

No. dated Imposed

1. 12.05.2008 OP No.2 Rs. 3,495.63

2. 30.05.2008 OP No.1 Rs. 25,312.00

3. 09.04.2008 OP No.1 Rs.4,244.00

4. 23.05.2007 OP No.1 Rs.88,365.00

5. 31.05.2008 OP No.1 Rs.3,780.00

6.

The claim statement further points out that documents not mentioned in the charge cannot be referred by the

disciplinary authority in the penalty order but valid action was not taken by the opposite party is against the

principle of natural justice. Penalty for recovery of Rs.1, 25,196.63 was imposed, no reason to disagree with the

reply of the workman was provided by the authority.

4842

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

7.

The workman further stated that opposite party no.2 has stated in impugned order dated 12.5.2008 that he had

examined other records and documents including DSLC report dated 21.2.2008 and found workman guilty of

charge leveled and imposed recovery of unjustified losses amounting to Rs.3495.63. The impugned order is illegal

and violative of principles of natural justice as it has failed to disclose which document was considered and how

such document was relevant and against workman. The opposite party no.2 has neither given any reason to

disagree with the reply of workman nor given any finding on each imputation or misbehavior as such impugned

order is violative of regulation 60(1) (C) and 60 (1) (d) of Regulations. There was alleged storage loss of

Rs.14,983.30 and penalty has been imposed for unjustified losses of Rs.3493.63 and balance loss was found to be

justified. The opposite party no.2 has failed to give any reason as to how it has found part of the loss justified and

part as unjustified. The charge sheet dated 5.5.07 issued by the opposite party no.1 is in respect of alleged

unjustified storage losses for the period 1/06, 2/06 and 3/06. It has been mentioned in the charge sheet that 7-9

officials were responsible alleged losses.

8. The workman further stated that opposite party no.1 has failed to specify the role of each official including

workman and also failed to quantify the alleged loss attributed with the workman and as such the charge is vague

and no finding of guilt can be fixed on that basis. The opposite party no.2 has failed to consider this legal position.

There were two wings in depots, that is, QC wing and depot wing and both are separate and independent. The

depot staff acts under the supervision and control of Manager (Depot) while QC Staff under Manager (QC). The

staff of QC wing checks the moisture by moisture meter provided by the Food Corporation of India. The moisture

of food grains varies from time to time. Hence, there is no basis of allegation that moisture recorded at the time of

receipt/issue of stock was not correct/reasonable. There is no allegation that moisture was re-checked by higher

authority just after checked by QC Staff and found the moisture as incorrect. The charge sheet is basically based

upon no evidence. The workman has specifically stated in reply dated 23.05.2007 that alleged quantity of loss is for

whole depot while the workman was in charge of one unit. There was only 30.31.835 qlts of storage loss in his unit

which is below 0.5% in wheat while there was no loss in rice and almost similar is the position of 21/06 and 3/06.

These aspects have not been considered by opposite party no.1 in impugned order dated 30.5.2008. Similarly none

of the issue raised by the workman in his reply has been considered nor referred in the impugned order. The

opposite party no.1 has also failed to give any finding on the imputation of misconduct.

9. The workman has stated that the findings of the opposite party is based on assumption, presumption and suspicious

without any concrete evidence. Regulations were not followed by the management and reply given by the workman

is also not considered. The workman has prayed to set aside the impugned 5 penalty order and Appellate order

dated 30.10.2007 and 12.09.2008 and review order dated 19.2.2008. Request for refund of the amount recovered

along with interest has also been made in the claim statement.

10. The management has filed written statement M-7 wherein the main allegation has been denied. The management

has stated that all the charge sheets are based on the Depot record prepared by the workman and his co-workers,

and were available with the applicant. The management has further stated that opportunity was granted to

workman, his representation was given a careful dispassionate examination, but no convincing fact was provided

by the workman. It has been emphasized in the written statement that sufficient advantage of driage, period of

storage and other connected factors was given even then the unjustified loss persisted in the unit; consequently the

penalty was imposed by the disciplinary authority and appellate authority. The management has stated that very

clear, lawful, reasoned and speaking order in accordance with the rules regulations of FCI (Staff) was passed after

consideration of the representation given by the workman. All the relevant facts and documents were considered by

the appellate authority. Thereafter just and fair order was passed.

11. The management has further stated that the workman/applicant was entrusted with the work of receipt/storage

maintenance/preservation and issue/dispatch of food grains at FSD Jhansi where abnormal/unrealistic storage

losses in wheat/rice has been reported, as shown in 29.10 statement, as the applicant failed to maintain absolute

integrity, devotion to duty, discharge his duties effectively, sincerely & honestly. Had he discharged his duties

effectively, there would not have been abnormal/unjustified storage losses for which he was charge sheeted, which

is quite legal and is based on documentary evidences. All the charge sheets have been issued for storage losses,

which are unjustified losses and for which applicant is responsible, as he failed to maintain absolute integrity,

devotion to duty and committed irregularities and apparent manipulation of record to justify the shortages and

shown it is storage loss to hid his misconduct, misappropriation of the stocks in connivance with others. The driage

which has taken place does not justify these losses. There is no report of bird/rat trouble and also no down

gradation of the stocks has taken place due to insect/pest. An opportunity was granted to the applicant and after

careful and dispassionate examination of the representation submitted by the applicant, contents of charge sheet,

documents related to the cases including DSLC report disciplinary authority/appellate authority, Review Authority

finds that points of representation submitted by applicant about storage loss are not found convincing satisfactory.

The sufficient advantage of driage, period of storage and other connected factors has already been given even then

the unjustified loss persists in applicants unit as a result of which penalty was imposed by the disciplinary

authority/appellate authority to applicant.

12. The opposite party has emphasized that the applicant has approached this Tribunal without exhausting alternate

remedy of filing appeal and review under FCI (Staff) Regulations. The management has prayed to dismiss this

claim statement, as the workman is not entitled for any relief.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4843

13. The workman thereafter has filed rejoinder while reiterating the pleas taken in the claim statement and with strong

denial of the facts mentioned in the written statement. The workman has also emphasized that the concerned AGM

is not authorized to sign the written statement and it is not a legal document in the eyes of law.

14. The workman along with list W-5 has filed certain documents. The opposite party has filed documents as per list

M-12. Workman evidence W-10 has been filed as a affidavit of Sri Shambu Dayal. He was duly cross examined by

the management. The management has filed affidavit M-12 of Sri Promod Kumar Awasthi. Sufficient opportunity

was provided to the workman but the management witness was not cross examined. Therefore, the case was fixed

by my learned predecessor for hearing arguments.

15. Arguments of both the parties have been heard at length. Record available before this court have been scanned

thoroughly.

16.

The learned authorized representative of the workman has submitted that the action of the management of the FCI

had been arbitrary and violative of principles of natural justice as no list of documents, on the basis of which the

alleged charge sheets have been framed, has been enclosed with nor the workman had been provided with any

documents for effective reply. Further, it has also been contended that the issues raised by the workman in his

reply have neither been considered, nor referred in the impugned orders.

17.

In rebuttal, the authorized representative of the management has contended that all the charge sheets, issued to the

workman, related to unjustified storage losses and the workman was given sufficient opportunity to represent

against charge sheet. It is argued by the representative of the managment that after careful examination of the

representation submitted by the workman, contents of charge sheet and documents related to the case including

DSLC report, the disciplinary authority/appellate authority did not find the points raised by the workman

convincing; hence, the penalty imposed by the management is just and fair, therefore, there stands no violation of

the principles of natural justice, more so as the penalty imposed comes within the purview of minor penalty.

18.

I have given my thoughtful consideration to the rival submissions of the learned authorized representatives of the

parties and scanned documentary evidence available on record.

19.

The case of the workman is that the management of FCI imposed the alleged impugned orders by issuing charge

sheets, which were not supported by the list of documents. Also the workman was not given any document to

frame effective reply. It is also the case of the workman that the Disciplinary Authority issued impugned orders

without considering reply/representation of the workman.

20.

From perusal of the documentary evidence relied upon by the parties, it is evident that the workman had been

issued detailed charge sheet, duly supported with the imputations of charges to facilitate the workman to submit its

reply/representation. There is no iota of evidence to show that the workman ever demanded from the opposite

party any document to help him to file his reply. Then now taking the plea that the workman was not supplied with

documents seems to be after thought. Hence, I find no force in contention of the workman that he was denied

proper defence.

The management defended its domestic inquiry with pleadings that there is no anomaly with the procedure adopted

by it; as the workman had been issued charge sheets and was afforded sufficient opportunity to submit a

representation in reply thereof. Further, the management has also come up with a case that the representations of

the workman were duly considered while delivering the punishment orders. Also, the workman has not disputed

the validity of the inquiry; however it has alleged that the impugned order of punishment is illegal and required this

Tribunal to interfere with the same.

21.

Now it comes to the question as to whether court can exercise its powers under Section 11-A of the Industrial

Disputes Act, 1947, which empower the Labour Court to interfere with the punishment imposed upon the

workman. Hon’ble Apex Court in B.C. Chayurvedi v. Union of India, (1995) 6 SCC 749 while discussing about

the scope of judicial review, in disciplinary matters, has observed as under:

“The High Court/Tribunal, while exercising the power of judicial review, cannot normally substitute its own

conclusion on penalty and impose some other penalty. If the punishment imposed by the disciplinary authority

or the appellate authority shocks the conscience of the High Court/Tribunal, it would appropriately mould the

relief, either directing the disciplinary/appellate authority to reconsider the penalty imposed, or to shorten the

litigation, it may itself, in exceptional and rare cases, imposed appropriate punishment with cogent reasons in

support thereof.”

In DG, RPF vs. Sai Babu (2003) 4 SCC 331, Hon’ble Apex Court has observed that:

“6…………. Normally, the punishment imposed by a disciplinary authority should not be disturbed by the High

Court or a tribunal except in appropriate cases that too only after reaching a conclusion that the punishment

imposed is grossly or shockingly disproportionate, after examining all the relevant factors including the nature

of charges proved against, the past conduct, penalty imposed earlier, the nature of duties assigned having due

4844

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

regard to their sensitiveness, exactness expected of an discipline required to be maintained, and the

department/establishment which the delinquent person concerned works.”

22.

Section 11 A of the Industrial Disputes Act, 1947 reads as under:

“11A. Powers of Labour Courts, Tribunal and National Tribunals to give appropriate relief in case of discharge

or dismissal of workmen. – Where an industrial dispute relating to the discharge or dismissal of a workman has

been referred to a Labour Court, Tribunal or National Tribunal for adjudication and, in the course of the

adjudication proceedings, the Labour Court, Tribunal of National Tribunal, as the case may be, is satisfied that

the order of discharge or dismissal was not justified, it may, be its award, set aside the order of discharge or

dismissal and direct re-instatement of the workman on such terms and conditions, if any, as it thinks fit, or give

such other relief to the workman including the award of any lesser punishment in lieu of discharge or dismissal

as the circumstances of the case may require:

Provided that in any proceeding under this section the Labour Court, Tribunal or National Tribunal, as

the case may be, shall rely only on the materials on record and shall not take any fresh evidence in relation to

the matter.”

A bare reading of the section makes it clear that Section 11 A of the Industrial Disputes Act has been

enacted to empower the Labour Court to interfere with that management’s decision to dismiss, discharge or

terminate the services of a workman in such cases. In respect of other punishments, it has been observed and

consistently held by the Courts that the tribunal does not have power to substitute its own judgment for that of the

management. Hon’ble Apex Court in South Indian Cashew Factories Workers’’ Union vs. Kerala State Cashew

Development Corpn. Ltd (2006) 5 SCC 201 made the following observations:

“Section 11-A of the Act gives ample power to the Labour Court to re-appraise the evidence adduced in

the enquiry and also sit in appeal over the decision of the employer in imposing punishment. Section 11-A

of the Industrial Disputes Act is only applicable in the case of dismissal or discharge of a workman as

clearly mentioned in the section itself.”

23.

Whether similar power can be exercised by the Labour Court where the punishment award is neither dismissal,

punishment nor retrenchment? This issue has been considered by Hon’ble Allahabad High Court in Allahabad

Bank vs. Presiding Officer, Central Govt. Industrial Tribunal-cum- Labour Court, Kanpur & others 2012 (133)

FLR 1098; where it has been observed that:

“Section 11-A empowers the Labour Court to re-appreciate the evidence and correct the judgment, in case of

discharge, dismissal and termination, while in case of other punishments, no such power is vested with the

Labour Court”.

24.

In the instant case the workman has been issued separate memorandums for alleged storage loss; and after

considering his respective replies the order or recoveries were issued by the Competent Authority which amounted

to minor penalty. There is no reliable material for recording findings that the alleged action of the management of

FCI in recovering of in justified storage loss from workman was excessively harsh or disproportionate one.

25.

Accordingly, in view of the facts and circumstances of the case and decision of Hon’ble Supreme Court, I am of

opinion that the recovery orders dated 12.05.2008, 30.05.2008, 09.04.2008, 31.05.2008 and 23.05.2007 need not to

be interfered by this Tribunal. Hence, the reference is adjudicated against the workman’s union; and as such,

I come to the conclusion that the workman viz. Sri Shambhu Dayal is not entitled to the relief.

26.

Award as above.

LUCKNOW.

RAKESH KUMAR, Presiding Officer

30th October, 2015.

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New Delhi, the 16th December, 2015

S.O.2347.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the

Central Government hereby publishes the Award (Ref. 19/1997) of the Cent.Govt.Indus.Tribunal-

cum-Labour Court, ASANSOL as shown in the Annexure, in the industrial dispute between the

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4845

management of M/s. Eastern Coalfields Limited, and their workmen, received by the Central

Government on 16/12/2015.

[No. L-22012/91/1996 - IR(CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, ASANSOL

PRESENT:

Sri Pramod Kumar Mishra, Presiding Officer

REFERENCE NO. 19 OF 1997

PARTIES: The Management of Damagoria Colliery, E.C.L.

Vs

Late Shyama Bouri.

REPRESENTATIVES:

For the management:

Shri P. K. Das, Ld. Advocate (ECL)

For the union (Workman):

Shri G.P. Mal, Ld. Advocate

INDUSTRY:

COAL

STATE: WEST BENGAL

AWARD

Dated : 10.11.2015

In exercise of powers conferred by clause (d) of Sub-section(1) and Sub-section 2(A) of Section 10 of the

Industrial Disputes Act, 1947 (14 of 1947), Govt. of India through the Ministry of Labour vide its letter NO. L-

22012/91/96-IR(C-II) dated 14.03.1997 has been pleased to refer the following dispute for adjudication by this Tribunal.

SCHEDULE

“ Whether the action of the management of Damagoria Colliery of M/s. BCCL in not providing employment on

compassionate grounds to Smt. Gita Bouri w/o Late Shyama Bouri, is legal and justified? If not, to what relief is the

dependent of the workman entitled? ”

Having received the Order NO. L-22012/91/96-IR(C-II) dated 14.03.1997 of the above said reference from the

Govt. of India, Ministry of Labour, New Delhi for adjudication of the dispute, a reference case No. 19 of 1997 was

registered on 26.03.1997 and accordingly an order to that effect was passed to issue notices through the registered post to

the parties concerned directing them to appear in the court on the date fixed and to file their written statements along

with the relevant documents and a list of witnesses in support of their claims. In pursuance of the said order notices by

the registered post were sent to the parties concerned. The workman appeared through his representatives.

Smt. Gita Bouri dependent wife of Late Shyama Bouri has stated in her written statement, that Late Shyama

Bouri, her husband was engaged at Damagoria Colliery of M/s. B.C.C.L. in the transportation of coal from the pit mouth

to the siding and from one siding to another and loading of coal into the Wagon with Pay Loader. Late Shyama Bouri

had been working as permanent workman at Damagoria Colliery of M/s. B.C.C.L. in permanent nature of job under the

direct control and supervision of management. All the implements for execution of job were being supplied by the

management. For all purposes, the concerned workman was a permanent employee of the management. Unfortunately on

21.12.1991 Late Shyama Bouri had met with an accident during the course of employment at working place.

Management has implemented the National Coal Wages Agreement and accordingly the dependent wife of Late Shyama

Bouri namely Smt. Gita Bouri represented before the management for providing her employment and for compensation

of her husband. The then Agent of Damagoria Colliery addressed a letter to Smt. Gita Bouri expressing his grief over the

death of her husband and assured that her case for employment will be favourably and sympathetically considered. The

concerned lady represented before the management several times for providing her employment, but without any effect.

The said dispute was raised before the A.L.C.(C) with a hope for amicable settlement. But during the course of

conciliation proceeding the management took the plea that the concerned workman was allegedly an employee of the

Contractor though admitting the fact that the concerned workman namely Late Shyama Bouri died due to an accident

during the course of his employment. Conciliation proceeding ended in failure due to adamant attitude of the

management. Government of India, Ministry of Labour has been pleased to refer the dispute for adjudication. The action

of management of Damagoria Colliery of M/s. B.C.C.L., in not providing employment on compassionate ground to Smt.

Gita Bouri is neither legal nor justified. The action of management is illegal, arbitrary, unjustified and against the

principle of natural justice as well as provision of N.C.W.A. Smt. Gita Bouri has prayed that the management of M/s.

B.C.C.L. be directed to provide employment to Smt. Gita Bouri with retrospective effect with all arrear of wages and

consequential benefits.

4846

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

The management of M/s. B.C.C.L. has denied the contention of Smt. Gita Bouri as stated in her written

statement. Management has stated that Late Shyama Bouri was not an employee of Damagoria Colliery of M/s. B.C.C.L.

and there was no employer and employee relationship between Late Shyama Bouri and the management of Damagoria

colliery of M/s. B.C.C.L. Late Shyama Bouri was engaged by M/s. United Unemployed Educated Co-operative Society

Limited, who had undertaken the job of loading and transportation of coals from the stockyard to the siding at

Damagoria Colliery of M/s. B.C.C.L. Late Shyama Bouri met with an accident on 21.12.1991 by a Pay-loader engaged

by the said Contractor for the above purpose. He later succumbed to his injuries on his way to hospital. Late Shyama

Bouri stated to be an employee of United Unemployed Educated Co-operative Society Limited, Barmasia, Purana Bazar,

Dhanbad. The Society has its registration No.30 DHAN (ANCHAL) ’89 as per documents submitted by the Secretary of

the said Society. Being an employee of the said Society he was guided by the Bye-laws of the Society and thus is entitled

to get the benefits of the Society as per terms and conditions depicted in the Bye laws of the said Society. The

employment on compassionate ground in Coal Industry is guided by National Coal Wages Agreement and it is binding

to the management and the employees of the Coal Industry. In the said agreement there is no provision for providing

employment to the dependent of any contractor’s labourer who dies in harness. The instant reference is therefore,

infructuous. The dependent of Late Shyama Bouri is not entitled to any relief as per terms of reference. M/s B.C.C.L. has

prayed that Tribunal may kindly close the reference as No Dispute Award.

Smt Gita Bouri has stated in her rejoinder written statement that statement of management in para-1,2,3,4,5 and

6 are false, frivolous and motivated and hence denied. Late Shyama Bouri has been working as permanent workman at

Damagoria Colliery of M/s. B.C.C.L. in permanent nature of job under direct control and supervision of the management

and all implements for execution of the job were being supplied by the management and for all purposes the concerned

workman was a permanent employee of the management. Late Shyama Bouri met with an accident during the course of

his employment at the working place at Damagoria Colliery of M/s. B.C.C.L. The management has implemented the

National Coal Wage Agreement and accordingly the dependent wife of Late Shyama Bouri represented before the

management for providing her employment and for compensation of her husband.

Smt. Gita Bouri, dependant wife of Late Shyama Bouri has filed documents in her support namely:

01.

Letter written by the Agent / Dy.CME dated 23.12.1991.

02.

Office Order dated 03.11.1993.

03.

Letter dated 03.11.1993.

04.

Office order dated 25.07.1990

05.

Office order dated 01.08.1990

06.

Office Order dated 07.03.1994.

07.

Office Order dated 08.09.1995.

08.

Office Order dated 17.05.1995.

09.

Death Certificate dated 07.03.1994.

10.

Letter dated 24/27.06.1994.

11.

Post Mortem Report of Soma Bouri.

12.

Certificate issued by Chairman, Municipal Office.

13.

Certificate and attested photographs of the family of Late

Soma/Shoma Bouri Duly attested by MLA, Disergarh.

14.

Certificate by Medical Officer dated 22.12.1991.

15.

FIR Report.

Smt. Gita Bouri has filed affidavit dated 24.06.1998. Learned Advocate has filed Written Argument on behalf

of Smt. Gita Bouri. I have heard the argument of Sri Samir Kumar Bandyopadhyay and Sri G. P. Mall on behalf of Gita

Bouri & Sri P.K. Das on behalf of management.

The Advocate on behalf of Gita Bouri, dependent wife of Late Shyama Bouri, has filed following case Laws :-

1.

HUSSAINBHAI, CALICUT v/s THE ALATH FACTORY THEZHILALI UNION KOZHIKODE

& others, reported in S.C.L.J., Vol.-15, Page-112

2.

National Insurance Co. Ltd., Kanpur v/s Yogendra Nath Verma, reported in A.I.R., 1982, Allahabad

High Court, Page-385

3.

SARASPUR MILLS CO. LTD. v/s RAMANLAL CHAMANLAL & others, reported in S.C.L.J.,

Vol.-X, Page-21

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4847

4.

DENA NATH & others v/s NATIONAL FERTILIZERS LTD. & others reported in 1992(64) F.L.R.,

Page-39

5.

J. P. Gupta & Another v/s Union of India & others

Management of M/s. B.C.C.L. has filed case Laws between :-

Durgapur Projects Ltd. v/s Kumari Purnima Bhui, reported in 2013(2)CHN (CAL), Page-576 .

Learned Advocate on behalf of Smt. Gita Bouri has stated in her written argument that Late Shyama Bouri had

been working at Damagoria Colliery of M/s. B.C.C.L. in the transportation which was permanent and perennial nature of

job. Late Shyama Bouri has been under the control and supervision of management. Implements for execution of job

were being supplied by the management. However, to camouflage the real issue the management had been disbursing his

wages through intermediaries. Late Sri Shyama Bouri met with an accident on 21.12.1991 during the course of

employment and died. The dependent wife of Late Shyama Bouri represented several times for her employment as per

provision of National Coal Wages Agreement. But the management refused the employment on the ground that Late

Shyama Bouri was an employee of M/s. United Unemployed Educated Co-operative Society Limited. The dependents of

other persons were provided employment on similar ground. The photo copy of such documents have been submitted,

but the management never examined any witness nor adduced evidence. In view of the judgment of the Hon’ble

Allahabad High Court reported in A.I.R., 1982, Page-385;

“The averments contained in the written statement cannot take place on proof unless evidence is produced by the

interested party.”

Late Shyama Bouri shall be deemed to be an employee of Damagoria Colliery of M/s. B.C.C.L. In view of the judgment

of Hon’ble Supreme Court reported in S.C.L.J., Vol.-X, Page-21, SARASPUR MILLS CO. LTD. v/s RAMANLAL

CHAMANLAL & others, judgment reported in S.C.L.J., Vol.-15, Page-112 between HUSSAINBHAI, CALICUT v/s

THE ALATH FACTORY THEZHILALI UNION KOZHIKODE & others and as per N.C.W.A settlement the

dependent of deceased employee, who expired during the course of employment is entitled for employment.

Learned Advocate of M/s. B.C.C.L. has argued that Late Shyama Bouri had never been in employment of M/s B.C.C.L.,

rather Late Shyama Bouri was an employee of United Unemployed Educated Co-operative Society Limited, Barmasia,

Purana Bazar, Dhanbad, which was registered one. Therefore, bye-laws of the United Unemployed Educated Co-

operative Society Limited will be applicable, though Late Shyama Bouri was working at Damagoria colliery, but he was

an employee of United Unemployed Educated Co-operative Society Limited. The payment of wages was made to Late

Shyama Bouri by United Unemployed Educated Co-operative Society Limited and not by M/s B.C.C.L.

The basis of claim of Smt. Gita Bouri, the dependent wife of deceased Sri Shyama Bouri for employment is that,

deceased Shyama Bouri was ex-permanent workman of Damagoria Colliery of M/s. B.C.C.L. As per terms of National

Coal Wages Agreement, the management of M/s B.C.C.L. is bound to provide employment to the dependent of deceased

workman of B.C.C.L., who expired during the course of employment. Late Shyama Bouri expired during the course of

employment, therefore terms of National Coal Wage Agreement is applicable. Whereas management of M/s. B.C.C.L.

has denied that deceased Shyama Bouri was an employee of Damagoria Colliery of M/s. B.C.C.L. Late Shyama Bouri

was engaged by M/s. United Unemployed Educated Co-operative Society Limited, who has undertaken the job of

loading and transportation of coal from stockyard to the siding of Damagoria colliery of M/s. B.C.C.L. Therefore terms

of National Coal Wages Agreement are not applicable at all.

The vital question arises for consideration is whether deceased Shyama Bouri was in employment of Damagoria Colliery

of M/s. B.C.C.L. at the time of his death? If any work is performed by a contractor labour, whether contract labour will

be deemed to be in employment of the principal employer, as in present case, Damagoria colliery of M/s B.C.C.L.,

whether employer-employee relationship was in existence before the death of Late Shyama Bouri.

Before proceeding further it will be pertinent to peruse the definition contained in Industrial Dispute Act, 1947.

Industrial Disputes Act, 1947 defines industrial dispute as follows :

“Industrial Dispute” means any dispute or difference between employers and employers, or between employers and

workman, or between workman and workman, which is connected with the employment or non-employment or the terms

of employment or with the conditions of labour, of any person. ”

The workman has been defined as such :

“WORKMAN” means any person (including an apprentice) employed in any industry to do any manual, unskilled,

skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be

expressed or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes

any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that

dispute, or whose dismissal, discharge or retrenchment has led to that dispute.”

On perusal of above definition it appears that any person including an apprentice employed in any industry means before

commencement of any manual, unskilled, skilled, technical, operational, clerical or supervisory work workman should

be employed. Employment requires formal procedure for appointment whether be permanent or temporary. Any job

performed for hire or reward will not come into the category of ‘employment’. If there is employment, there must be a

4848

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

formal letter of appointment. The name of workman will always appear on the Master Roll of company or industry as

well as on the records of company. After appointment there will be statutory obligation on employer as well as on

employee. Smt. Gita Bouri has not submitted any letter of appointment, copy of pay-slip or other service records

maintained by M/s. B.C.C.L. She has not even mentioned in her written statement regarding the date and procedure of

appointment. Mere functioning as contract labour will not create any right in favour of Late Shyama Bouri. If labour is

hired or contract labour is engaged for the purpose of a particular task, even for a larger period, there will be no statutory

obligation, but only a contractual obligation between the Management of Damagoria colliery of M/s B.C.C.L. and firm

supplying the labour.

M/s B.C.C.L. has stated in Para-5 of their written statement :

“ That, Shyama Bouri stated to be an employee of United Unemployed Educated Co-operative Society Ltd, Barmasia,

Purana Bazar, Dhanbad. The Society has its Registration no. as 30 DHAN(Anchal) ’89 as per document submitted by

the Secretary of the said Society. Being an employee of the said Society he was guided by the Bye-laws of the society and

thus, is entitled to get the benefits of the Society as per the Terms & conditions contained in the Bye-laws of the said

Society.”

But it is surprising enough that Smt. Gita Bouri, wife of deceased Sri Shyama Bouri has not replied even a single word in

her rejoinder written statement. If fact of written statement of one party is not specifically denied by another party in

his/her written statement it will be deemed to be correct.

From these circumstances it is clear that Late Shyama Bouri was a contract labour under the control of United

Unemployed Educated Co-operative Society Ltd. and he was not under employment of Damagoria Colliery of M/s.

B.C.C.L. As stated by M/s. B.C.C.L. in their written statement, that United Unemployed Educated Co-operative Society

Ltd. is registered one, therefore Bye-laws of Society will be applicable on deceased Sri Shyama Bouri. Late Shyama

Bouri will never be treated as an ex-employee of M/s. B.C.C.L. Therefore the terms of National Coal Wages Agreement

will not be applicable and as per terms of National Coal Wages Agreement Smt. Gita Bouri will not be entitled for

employment as dependent wife of Late Shyama Bouri.

So far as the copy of appointment letter of Smt. Laxmi Uragin and Smt. Kanti Devi, the dependent wives of Late contract

labours are concerned, their appointment by M/s. B.C.C.L., will not create any right in favour of Smt. Gita Bouri.

Hon’ble Apex Court in DENA NATH & others v/s NATIONAL FERTILIZERS LTD. & others, reported in 1992

(64) F.L.R., Page-39 has held :

“ It is not for the High Court to inquire into the question and decide whether the employment of contract labour in any

process, operation, or in any other work in any establishment should be abolished or not. It is a matter for the decision

of the Government after considering the matter, as required to be considered under Section 10 of the Act. The only

consequences provided in the Act where either the principal employer or the labour contractor violates the provision of

Sections 9 and 12 respectively is the penal provision, as envisaged under the Act for which reference may be made to

Sections 23 and 25 of the Act. We are thus of the firm view that in proceedings under Article 226 of the Constitution

merely because contractor or the employer had violated any provision of the Act or the rules, the Court could not issue

any mandamus for deeming the contract labour as having become the employees of the principal employer.”

I am in respectful agreement with the view propounded by Hon’ble Apex Court. As per view of Hon’ble Apex Court,

Smt. Gita Bouri is not entitled for employment. Ld. Advocate of Smt. Gita Bouri has relied on a decision reported in

S.C.L.J., Vol.-X, Page-21 between SARASPUR MILLS CO. LTD. v/s RAMANLAL CHAMANLAL & others. I am

in respectful agreement with Hon’ble Bombay High Court. But the facts of present reference are different from above

judgment. Hon’ble Bombay High Court has observed in Bombay Industrial Relations Act, 1946, whereas the present

reference is concerned with Industrial Disputes Act, 1947. Ld. Advocate of Smt. Gita Bouri has relied on a decision

reported in S.C.L.J. between HUSSAINBHAI, CALICUT v/s THE ALATH FACTORY THEZHILALI UNION

KOZHIKODE & others. I am in respectful agreement with Hon’ble High Court. But the fact of present reference is

different.

Learned counsel of Smt. Gita Bouri has relied on another citation of National Insurance Co. Ltd., Kanpur v/s

Yogendra Nath Verma, reported in A.I.R., 1982, Allahabad High Court, Page-385. I am in respectful agreement with

the view expressed by Hon’ble Allahabad High Court, but the fact of present reference is quite different.

Management of M/s B.C C Ltd has relied on a citation of Durgapur Projects Ltd. v/s Kumari Purnima Bhui reported

in 2013(2) CHN (CAL), Page-576 . The Hon’ble High court has held as follows :

“ A child born out of void marriage is legitimate only for purpose of entitling him to claim right in property of his parent

only not any other thing - Compassionate appointment to public post not heritable property –Provision of section 16 of

Act, 1955 cannot be pressed into service to expand privilege of compassionate appointment – Compassionate

appointment being extended to general rule of recruitment deserves a strict construction – “Son” in category of

“dependant” not include illegitimate son born out of second marriage of deceased employee.”

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4849

In view of the decision above since Late Shyama Bouri had never been in employment of management of Damagoria

colliery under M/s. B.C.CL., therefore, there was no employer-employee relationship between Damagoria Colliery of

M/s. B.C.C.L. and Late Sri Shyama Bouri, before his death. Smt. Gita Bouri, the dependent wife of Late Shyama

Bouri is not entitled for employment as per National Coal Wages Agreement.

ORDER

Let an “Award” be and the same is passed as per above discussion. Send the copies of the order to the Govt. of India,

Ministry of Labour, New Delhi for information and needful. The reference is accordingly disposed of.

PRAMOD KUMAR MISHRA, Presiding Officer

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New Delhi, the 16th December, 2015

S.O.2348.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the

Central Government hereby publishes the Award (Ref. 10/2007) of the Cent.Govt.Indus.Tribunal-

cum-Labour Court, ASANSOL as shown in the Annexure, in the industrial dispute between the

management of Pandaveshwar Area of M/s. ECL, and their workmen, received by the Central

Government on 16/12/2015.

[ No.L-22012/251/2006 - IR(CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL TRIBUNAL -CUM- LABOUR COURT, ASANSOL

PRESENT:

Sri Pramod Kumar Mishra, Presiding Officer

REFERENCE NO. 10 OF 2007

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

Vs.

Sri Govind Turi

REPRESENTATIVES:

For the management:

Sri P. K. Das, Ld. Adv. (ECL)

For the union (Workman): Sri S. K. Pandey, Gen. Secy.

INDUSTRY:

COAL

STATE: WEST BENGAL

Dated : 03.12.2015

AWARD

In exercise of powers conferred by clause (d) of Sub-section (1) and Sub-section 2(A) of Section 10 of the

Industrial Disputes Act, 1947 (14 of 1947), Govt. of India through the Ministry of Labour vide its letter No.

L-22012/251/2006-IR(CM-II) dated 18.01.2007 has been pleased to refer the following dispute for adjudication by this

Tribunal.

4850

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

SCHEDULE

“ Whether the action of the management of Pandveshwar Colliery under Pandveshwar Area of M/s. Eastern Coalfields

Limited in dismissing Shri Govind Turi from services w.e.f. 04.07.2005 is legal and justified? If not, to what relief is the

workman entitled? ”

Having received the Order No. L-22012/251/2006-IR(CM-II) dated 18.01.2007 of the above said reference from the

Govt. of India, Ministry of Labour, New Delhi for adjudication of the dispute, a Reference Case No. 10 of 2007 was

registered on 19.02.2007 and accordingly an order to that effect was passed to issue notices through the registered post to

the parties concerned directing them to appear in the court on the date fixed and to file their written statements along

with the relevant documents and a list of witnesses in support of their claims. In pursuance of the said order notices by

the registered post were sent to the parties concerned.

Case called out. Both of the parties are absent.

On perusal of the record I find that the case was fixed for filing evidence of the claimant on 08.08.2013. Thereafter more

than 2 years and 7 dates have been passed but to no effect. On 18.05.2015, Sri S. K. Pandey, representative of the

workman appeared before the court and submitted that the case might be closed if he would fail to file evidence of the

claimant on the next date. Thereafter two dates have been passed. The workman was granted 3 last opportunities on

12.03.2015, 18.05.2015 and 30.07.2015. In spite of all the workman has not filed evidence. It seems that the

workman/union is now not interested to proceed with the case further. As such the case is closed and accordingly a ‘No

Dispute Award’ is hereby passed

ORDER

Let an “Award” be and same is passed as no dispute existing. Send the copies of the order to the Govt. of India, Ministry

of Labour, New Delhi, for information and needful. The reference is accordingly disposed of.

PRAMOD KUMAR MISHRA, Presiding Officer

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New Delhi, the 16th December, 2015

S.O.2349.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.15/2007) of the Cent.Govt.Indus.Tribunal-cum-Labour Court, Asansol as

shown in the Annexure, in the industrial dispute between the management of Satgram Area of M/s. ECL, and their

workmen, received by the Central Government on 16-12-2015.

[No. L-22012/76/2006-IR(CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL TRIBUNAL -CUM- LABOUR COURT, ASANSOL

PRESENT:

Sri Pramod Kumar Mishra,

Presiding Officer

REFERENCE NO. 15 OF 2007

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

Vs.

Sri Charu Majhi

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4851

REPRESENTATIVES:

For the management:

Sri P. K. Goswami, Ld. Adv. (ECL)

For the union (Workman): Sri S. K. Pandey, Gen. Secy.

INDUSTRY:

COAL

STATE: WEST BENGAL

Dated : 01.12.2015

AWARD

In exercise of powers conferred by clause (d) of Sub-section (1) and Sub-section 2(A) of Section 10 of the

Industrial Disputes Act, 1947 (14 of 1947), Govt. of India through the Ministry of Labour vide its letter No.

L-22012/76/2006-IR(CM-II) dated 02.03.2007 has been pleased to refer the following dispute for adjudication by this

Tribunal.

SCHEDULE

“ Whether the action of the management of Nimcha Colliery of M/s. ECL in dismissing Sri Charu Majhi, U.G.

Loader from service w.e.f. 08.01.2005 is legal and justified? If not to what relief is the workman entitled? ”

Having received the Order No. L-22012/76/2006-IR(CM-II) dated 02.03.2007 of the above said reference from

the Govt. of India, Ministry of Labour, New Delhi for adjudication of the dispute, a Reference Case No. 15 of 2007 was

registered on 03.05.2007 and accordingly an order to that effect was passed to issue notices through the registered post to

the parties concerned directing them to appear in the court on the date fixed and to file their written statements along

with the relevant documents and a list of witnesses in support of their claims. In pursuance of the said order notices by

the registered post were sent to the parties concerned.

On perusal of the case record I find that my predecessor (Late Jayanta Kumar Sen, the then P.O.) had reserved

an award in this case because Sri S. K. Pandey, representative of the workman submited that the case may be closed and

a ‘No Dispute Award’ may be passed as the workman is not found. The workman is also not appearing before the

tribunal since long. Several opportunities were given but to no effect. It appears that workman was not at all interested to

proceed with the case. As such the case is closed and accordingly a ‘No Dispute Award’ is hereby passed.

ORDER

Let an “Award” be and same is passed as no dispute existing. Send the copies of the order to the Govt. of India,

Ministry of Labour, New Delhi, for information and needful. The reference is accordingly disposed of.

PRAMOD KUMAR MISHRA, Presiding Officer

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New Delhi, the 16th December, 2015

S.O.2350.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. 62/2011) of the Cent.Govt.Indus.Tribunal-cum-Labour Court, Jabalpur

as shown in the Annexure, in the industrial dispute between the management of Pench Area, WCL. and their workmen,

received by the Central Government on 16/12/2015.

[No. L-22012/38/2011-IR(CM-II)]

RAJENDER SINGH, Section Officer

4852

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JABALPUR

NO. CGIT/LC/R/62/2011

Shri Suryakant Chourasia,

Near Old Bus Stand, Parasia,

Distt Chhindwara (MP)

…..Workman

Versus

The CGM, WCL,

Pench Area, Parasia,

Distt. Chhindwara (MP)

…..Management

AWARD

Passed on this 2nd day of November 2015

1. As per letter dated 20-6-11 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-22012/38/2011-

IR(CM-II) The dispute under reference relates to:

“Whether the action of the management of Pench Area of WCL in denying the legitimate dues to Shri Suryakant

Chourasia is justified? To what relief the concerned workman is entitled?”

2. After receiving reference, notices were issued to the parties. Workman submitted statement of claim on 28-2-2012.

Case of Ist party workman is that he had filed Writ petition 4916/98 before MP High Court, Jabalpur. The ALC

was directed to investigate into grievance of workman and pass appropriate order within two months. The

workman raised dispute relating to various demands. Workman submits that management of 2nd party treated him

with discrimination. Management was engaged in unfair labour practice. In IR meeting dated 17-9-85 between

BKKMS Parasia and management, demand No.1 was that workman would be deployed in general shift was

accepted. Workman was continued in general shift from 24-10-94. Workman was then asked to work as rest

reliever as per order dated 25-10-94. That he was not in a position to work in night shift as he was suffering from

Insomania. Management did not follow agreement dated 17-9-85. Management started marking workman absent

though he was attending duty. He was deprived of wages. That directions were given by Sub Area Manager,

Newton Sub Area to Manager EDC Colliery. Manager disobeyed order of his superior and deprived legal rights of

the workman. Dy. Chief Personnel Manager had written letter dated 25-3-95 to Manager. No action for payment

was taken by Manager. Workman was transferred vide order dated 7-11-95. He was transferred back to the original

place as workman was not paid wages.

3. Ist party workman further submits that he was denying right of natural justice of promotion. As per seniority cum

merit, juniors were promoted, workman was superseded over 20 junior overman. Workman has claimed amount of

Rs.2,41,088/- towards Idle Wages, Rs.11,357/- - overtime wages, Rs.13,795/- towards Loss due to supersession in

promotion, Rs.5211/- towards loss of wages due to illegal transfer, Rs.21,259/- charge allowance, Rs.30,288/-

underground allowance, Rs.23,190 nonpayment of rest days and Rs.1,41,522/- towards deduction of wages

difference/ bonus. Workman prays recovery of above amount from 2nd party.

4. 2nd party filed Written Statement on 19-6-12 opposing claim of workman. 2nd party submits that terms of reference

are vague, it is not specifically mentioned , the particulars of name and date form which the claim has been made.

In absence of specific dispute between parties, it is not possible to adjudicate the same. The vague reference is not

tenable. It is further contented that workman claims certain remunerations i.e. Idle wages, overtime wages, the

dispute is misconceived. Workman is not entitled to any relief. That workman was working as overman since

1979. He claims idle wages on ground that he was transferred from EDC colliery to Rawanwara colliery, Pench

Area. On transfer, workman did not report to Rawanwara colliery. He continued making representations for

cancellation of his transfer. Ultimately he was allowed to rejoin at EDC. Pench Area has several units namely EDC

Colliery, Rawanwara Khas colliery, Gajanando colliery, Shivpuri, Newton etc. All units are situated within radius

of 10 kms. If an employee is asked to work in a particular unit within the area, it cannot be termed as transfer. The

service conditions are not changed, pay scale is not changed. Nature of duties are not changed. Such arrangement

is not made for administrative requirements. If a particular employees services are required in a particular unit for

the time being, he is asked to work at a particular unit in the interest of the company. Workman claims wages for

the period he did not perform duty either at EDC or Rawanwara colliery. The claim of workman relates to the

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4853

period he was making efforts for cancellation of his transfer, when his transfer was cancelled, he joined duty at

EDC colliery. Workman has no right to claim idle wages.

5. Workman has refused to perform his normal duty as overman, the calculations by workman himself is not

maintainable. Any person cannot claim overtime allowance without performing overtime duties. No one is

expected to work beyond normal hours. Some times workman has refused to perform his normal duties as

overman. He was not asked to perform overtime duties at any time. workman is not entitled to overtime allowance.

Workman insisted that management should give him duty in particular sheet as per his convenience. The post of

overman is responsible post and for safety of mines. It is for the Manager to allow shift to the workman. in case

workman insisted management should allow him in general shift only, he refused to perform job in other shifts,

workman claimed general shift on medical ground. Medical certificates submitted by workman shows he is not fit

to perform job therefore he was deployed in general shift. When workman is not fit to perform normal duty, there

is question of his performing about overtime wages. All adverse contentions of workman are denied. It is denied

that workman was transferred with malafide intention. It is denied that workman was not paid his dues. It is denied

that his juniors are promoted superseding the workman. 2nd party submits that promotions are given on

recommendation of DPC based on merit cum seniority and not seniority cum merit. On all such contentions, 2nd

party submits that claim of workman cannot be allowed.

6. Workman submitted rejoinder reiterating his contentions. 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 management of Pench Area

of WCL in denying the legitimate dues to Shri Suryakant

Chourasia is justified?

In Affirmative

(ii) If not, what relief the workman is entitled to?”

Workman is not entitled to any relief.

REASONS

7. Terms of reference pertains to denial of legitimate claim of workman, particulars of claim are not shown in order of

reference. Management has contented that reference is vague. Such vague reference is not tenable. In his statement

of claim, workman has claimed recovery of idle wages, loss due to supersession in promotion, overtime wages,

loss of wages due to illegal transfer, charge allowance, underground allowance, non-payment o rest days,

deduction of wages difference/ bonus. Claim of workman is denied by management of 2nd party.

8. Workman filed affidavit of his evidence. In his affidavit of evidence, workman says he was working as overman. He

retired n 31-7-12 as per demand No.1 in meeting dated 17-9-85. He was allowed to work in general shift from

1985 to 24-10-94. As per order dated 24-10-94, he was directed to work as rest reliever. That he was suffering

from Insomania. He was unable to work in night shift. His request for idle wages were not accepted. That as per

order in November 95, he was transferred form EDC Mine to Rawanwara Mine. His transfer was stayed. He was

not paid idle wages and other claims were not allowed to him. he was superseded by his juniors. He was not given

promotion as per seniority. In Para-9 of his affidavit, he has claimed recovery of amount on different parts. In his

cross-examination, workman says letter Exhibit W-1 to W-4 were given by him in office to Shri Dutta Clerk. He

claims ignorance what steps Mr. Dutta had taken on those letters. He had not received any reply on those letters.

He prepared chart Exhibit W-5, W-6 alongwith his affidavit of evidence. No order for deduction of wages was

passed but he was not allowed to work. He retired on 31-7-12. He was in service for 46 years six months. He

received salary for the period except for the period shown in Exhibit W-5, W-6. Distance between EDC and

Rawanwara is about 3-4 kms. He was transferred from EDC to Rawanwara after 30 years of his service. He was

working on post of Sr. overman. Said post was sanctioned as per rules. Overman Mining Sirdar are working under

Sr. Overman. In his further cross-examination, workman says that Sr. overman is responsible for safety of the unit.

That he was protected workman therefore he did not join at Rawanwara colliery. Workman admits that order of

his transfer was not cancelled. He did not work after his transfer. He denies that Union had pressurized

management for cancellation of his transfer. After order of his transfer, he did not work. He did not claim salary

for the intervening period. He denies that he had refused to work on the post held by him. for overtime work,

management gives oral directions. Workman admits he did not work overtime, he has claimed overtime wages in

Exhibit W-5, W-6. He had received warning for disobeying order of superior. Chargesheet was also issued to him.

management had given documents Exhibit M-2 to M-19.

9. Workman in his further cross-examination says that he was working underground mine as overman. Overman were

working in all 3 shifts. The shifts were changed. He admits that he was always requesting work in general shift.

That Dy. Chief Personnel Manager had given letter in writing for payment to him. As he was suffering from

illness, he was insisting to work in general shift. He admits that he was insisting overtime duty on paid holidays,

Sundays. He denies that as he was ill, overtime work was not given to him. In Exhibit W-5,6 he claimed overtime

wages double, triple of the normal wages.

4854

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

10. Management’s witness Dinesh Kumar Chourey filed affidavit supporting claim of the management. that

management has issued letters chargesheets to the workman shown in Para 3 of his affidavit. In his cross-

examination, management’s witness says workman had not given reply to Exhibit M-1 to M-19. Workman was

transferred from EDC to Rawanwara mines. Management’s witness in his cross-examination admitted documents

Exhibit W-8 to W-19. Any of those documents donot pertain to cancellation of transfer of workman or his working

at Rawanwara Mines after his transfer. When workman had not worked at place of his transfer in Rawanwara

mines, his claim for idle wages, overtime allowance cannot be accepted. Workman claims supersession and denial

of promotion as per seniority. Management’s witness stated that promotions are given on recommendation of DPC.

Workman was not recommended. Order of transfer of workman was not cancelled neither the order of transfer was

challenged in present reference. Management had cancelled order of his transfer in 1998 and workman was

allowed to rejoin at EDC mines. The order of transfer of workman cannot be said illegal. Workman himself not

obeyed to order of his transfer and did not work at Rawanwara Mine. Without working at Rawanwara mine or

working overtime, claim of workman for idle wages , overtime wages, difference of wages etc. is not established.

Therefore I record my finding in Point No. 1 in Affirmative.

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

(1) The action of the management of Pench Area of WCL in denying the legitimate dues to Shri Suryakant

Chourasia is proper and legal.

(2) Workman is not entitled to any relief.

R. B. PATLE, Presiding Officer

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New Delhi, the 16th December, 2015

S.O.2351.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award Ref. 43/2007 of the Cent.Govt.Indus.Tribunal-cum-Labour Court, ASANSOL

as shown in the Annexure, in the industrial dispute between the management of M/s. Eastern Coalfields Limited, and

their workmen, received by the Central Government on 16/12/2015.

[No. L-22012/54/2007 - IR(CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL TRIBUNAL -CUM- LABOUR COURT, ASANSOL

PRESENT:

Sri Pramod Kumar Mishra,

Presiding Officer

REFERENCE NO. 43 OF 2007

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

Vs.

Sri Biswanath Bouri

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4855

REPRESENTATIVES:

For the management:

Sri P. K. Goswami, Ld. Adv. (ECL)

For the union (Workman): Sri S. K. Pandey, Gen. Secy.

INDUSTRY:

COAL

STATE: WEST BENGAL

Dated : 07.12.2015

AWARD

In exercise of powers conferred by clause (d) of Sub-section(1) and Sub-section 2(A) of Section 10 of the

Industrial Disputes Act, 1947 (14 of 1947), Govt. of India through the Ministry of Labour vide its letter NO. L-

22012/54/2007-IR(CM-II) dated 05.07.2007 has been pleased to refer the following dispute for adjudication by this

Tribunal.

SCHEDULE

“ Whether the action of the management of M/s. ECL in dismissing Shri Biswanath Bouri w.e.f. 12.04.2004 is

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

Having received the Order NO. L-22012/54/2007-IR(CM-II) dated 05.07.2007 of the above said reference

from the Govt. of India, Ministry of Labour, New Delhi for adjudication of the dispute, a Reference Case No. 43 of 2007

was registered on 05.07.2007 and accordingly an order to that effect was passed to issue notices through the registered

post to the parties concerned directing them to appear in the court on the date fixed and to file their written statements

along with the relevant documents and a list of witnesses in support of their claims. In pursuance of the said order

notices by the registered post were sent to the parties concerned.

Case called out. Sri S. K. Pandey, representative of the union/workman and Sri P. K. Goswami, Ld. Advocate,

representative of the management are present.

Sri S. K. Pandey submits that the case may be closed as the workman, so far his knowledge is concerned, has

joined the service and he has endorsed his remarks on the order sheet. Since the workman has already joined in the

service no dispute exist between the parties. As such the case is closed and accordingly a ‘No Dispute Award’ is hereby

passed.

ORDER

Let an “Award” be and same is passed as no dispute existing. Send the copies of the order to the Govt. of India,

Ministry of Labour, New Delhi, for information and needful. The reference is accordingly disposed of.

PRAMOD KUMAR MISHRA, Presiding Officer

नई दली,16 दस बर, 2015

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कािशत करती है, जो केीय सरकार को 15/12/2015 को ा/ 0आ था।

[सं. एल-29012/13/2002-आईआर(एम)]

नवीन कपूर, अवर सिचव

New Delhi, the 16th December, 2015

S.O.2352.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 148/2002) of the Central Government Industrial Tribunal/Labour

Court, Jabalpur now as shown in the Annexure in the Industrial Dispute between the employers in relation to the

management of M/s Hirri Mines of Bhilai Steel Plant and their workman, which was received by the Central

Government on 15/12/2015.

[No. L-29012/13/2002-IR (M)]

NAVEEN KAPOOR, Under Secy.

4856

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JABALPUR

NO. CGIT/LC/R/148/02

Shri S.K.Bannerjee,

PO 879796, C/o Shri Devewndra Warade,

Drilling Camp No.1,

Konde Road, Near Shaheed Garage,

PO Dalli Rajhara,

Durg (CG)

...Workman

Versus

Mines Manager,

M/S Hirri Mines of Bhilai Steel Plant,

PO Hirri Mines, Chhattisgarh,

Bilaspur

General Manager (Mines),

Bhilai Steel Plant,

Durg (CG).

…Management

AWARD

Passed on this 24th day of November, 2015

1. As per letter dated 18-10-15 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-

29012/13/2002-IR(M). The dispute under reference relates to:

“Whether the action of the management of Hirri Mines of Bhilai Steel Plant ( Under Steel Authority of India Ltd.)

Hirri Dt. Bilaspur (CG) in terminating of the services of Shri S.K.Banerjee, Ex.Office Assistant w.e.f. 26-3-01 is

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

2.

After receiving reference, notices were issued to the parties. Ist party workman submitted statement of claim at

Page 2/2 to 2/5. The case of Ist party workman is that he was transferred from Rajhara Mines to Hirri Mines as per

order dated 16-6-99. He joined Hirri on 22-7-99. On 11-7-00, chargesheet was issued to him alleging

unauthorized absence from duty. Misconduct covered under Clause 29(1) (5) of standing orders. That workman

submitted detailed explanation to the chargesheet denying the charges. Shri B.P. Sahu, Manager Personnel was

appointed as Enquiry Officer. Enquiry proceeded exparte on 15-1-01. No oral evidence was recorded in the

enquiry. Certain documents were exhibited illegally. Unless documents are proved by its authors, the documents

cannot be exhibited. Enquiry Officer illegally exhibited the documents and closed enquiry. The findings of

Enquiry Officer holding workman guilty is based on documents PB-1 to PB-21 is illegal as documents were not

legally proved. The findings of Enquiry Officer are perverse. Previous service record of workman was not

supplied to him. The punishment of dismissal imposed against him is illegal. On such contentions, workman prays

for his reinstatement with backwages.

3. 2nd party filed Written Statement at Page 8/1 to 8/8 opposing claim of workman. Workman was terminated from

service on 26-3-01 for proved misconduct of unauthorized absence. Principles of natural justice were followed.

Workman was allowed opportunity for his defence. In Para 4 of the Written Statement, the charges alleged against

workman are reproduced. The misconduct pertains to habitual late attendance and willful or habitual absence from

duty without leave or without sufficient cause, leaving station without permission by such employees as may be

notified by the management. That workman was working in the Hirri Mines as Office Assistant from 27-9-91.

The details of his unauthorized absence are given for total 8 months 2 days. That after chargesheet issued to

workman, enquiry was conducted on various dates shown in para-7 of the Written Statement. Workman

remained absent even after service of notice. Enquiry Officer given opportunity to the workman but he remained

absent. It is denied that enquiry conducted in violation of principles of natural justice. 2nd party prays for rejection

of claim.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4857

4.

Ist party workman filed rejoinder at Page 10/1 to 10/3 reiterating his contentions in statement of claim.

5. As per order dated 16-2-2015, enquiry is held proper and legal.

6. Considering pleadings on record and orders on preliminary issue, the points which arise for my consideration and

determination are as under. My findings are recorded against each of them for the reasons as below:-

(i) Whether the misconduct alleged against workman is proved

from evidence in Enquiry proceedings?

In Negative

(ii) Whether the punishment of dismissal imposed against

workman is proper and legal?

In Negative

(iii) If not, what relief the workman is entitled to?”

As per final order.

REASONS

7. Enquiry conducted against workman is found legal and proper as per order dated 16-2-02. Question whether

misconduct alleged against workman is proved needs to be decided from evidence in Enquiry Proceedings? 2nd

party has produced record of enquiry conducted against workman at Exhibit M-16(1) to 20. That the Enquiry

Proceedings at Exhibit M-1/12 shows that enquiry was closed on 15-1-01. Workman remained absent, enquiry was

not adjourned to further date. Enquiry was closed. Documents produced by management were marked PD-1 to

PD-21 without recording evidence of any witness of the management. Exhibit PD-1 to 21 without examining any

witness by Enquiry Officer cannot be said legal. Enquiry Officer has illegally exhibited documents produced by

management. The documents exhibited without valid evidence cannot be considered as legal evidence. Exhibit M-

1/16 in Enquiry Proceedings on the basis of document PD-14, 20 produced by management. Ist party workman is

found continuously absent on 27-9-99, 28-9-99, 29-10-99 to 31-10-99, 19-11-99 to 11-12-99 onwards. Above

documents were not proved by management examining in witnesses without any valid evidence, the documents

were exhibited by Enquiry Officer is illegal. On the basis of documents exhibited without valid evidence,

unauthorized absence cannot be established. Therefore I record my finding in Point No.1 in Negative.

8. Point No.2- The punishment of dismissal is imposed against workman for the charges of unauthorized absence.

The charges are not proved against workman as per my finding in Point No.1. Therefore punishment of dismissal

against workman cannot be suspended. It is illegal. Therefore I record my finding in Point No.2 in Negative.

9. Point No.3- In view of my finding in Point No.1,2 punishment of dismissal against workman cannot be suspended,

question remains whether workman is entitled for reinstatement with backwages. The affidavit of evidence of

workman doesnot disclosed age of workman how much service period remained after order of dismissal dated

26-3-01 could not be known from evidence in the case therefore the reinstatement of workman with backwages

would not be appropriate. Considering the order of dismissal of workman is illegal and charges of unauthorized

absence are not proved. Workman had filed affidavit of his evidence in 2007, workman was cross examined on 4-

3-08. Compensation Rs. 2 Lakh would be appropriate. Accordingly I record my finding in Point No.2.

10. 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 compensation 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

नई दली,16 दस बर, 2015

का

का

का

का.आ.2353

2353

2353

2353.—औ ोिगक िववाद अिधिनयम, 1947 (1947 का 14) क धारा 17 के अनुसरण म केीय सरकार

मेसस ओ

मेसस ओ

मेसस ओ

मेसस ओ.एन

एन

एन

एन.जी

जी

जी

जी.सी

सी

सी

सी. िलिमटेड

िलिमटेड

िलिमटेड

िलिमटेड के बंधतं# के संब$ िनयोजक& और उनके कम(कार& के बीच अनुबंध म िन*द+ औ ोिगक

िववाद म के ी

के ी

के ी

के ीय सरकार औोिगक अिधकरण एवं म यायालय

य सरकार औोिगक अिधकरण एवं म यायालय

य सरकार औोिगक अिधकरण एवं म यायालय

य सरकार औोिगक अिधकरण एवं म यायालय, , , , अहमदाबाद

अहमदाबाद

अहमदाबाद

अहमदाबाद केकेकेके पंचाट (संदभ सं!या

संदभ सं!या

संदभ सं!या

संदभ सं!या 107/2012)

107/2012)

107/2012)

107/2012) को

को

को

को

कािशत करती है जो केीय सरकार को 15/12/2015 को ा/ 0आ था।

[सं. एल-30011/24/2012-आईआर(एम)]

नवीन कपूर, अवर सिचव

4858

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

New Delhi, the 16th December, 2015

S.O. 2353.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 107/2012) of the Central Government Industrial Tribunal/Labour

Court, Ahmedabad now as shown in the Annexure in the Industrial Dispute between the employers in relation to the

management of M/s. O.N.G.C. Ltd. and their workman, which was received by the Central Government on 15/12/2015.

[ No. L-30011/24/2012-IR (M)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

PRESENT….

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated: 30th November, 2015

Reference: (CGITA) No-107 of 2012

1.

The Executive Director,

ONGC Ltd.,

Ahmedabad Asset,

Avani Bhavan, Chandkheda,

Ahmedabad

2.

The Incharge (Security)

ONGC Ltd.,

Avani Bhavan, Chandkheda,

Ahmedabad

3.

The Operation Manager,

M/s. Max Vigil Security Pvt. Ltd.,

A/2012, Sukan Complex, Near Visat Petrol Pump, Sabarmati,

Ahmedabad

4.

The Director,

M/s. Max Vigil Security Pvt. Ltd.

42, Astha Avenue, Near RTO, Subhas Bridge Circle

Ahmedabad

…First Party

Vs.

Their Workman,

Through, The Secretary,

Shoshit Kamdar Sangh (Gujarat),

521/3372, Jayshree Lalima Niwas,

Ambika Nagar,

Gujarat Housing Board,

Chandkheda, Ahmedabad

…Second Party

For the First Party

: Shri K.V. Gadhia, Advocate

For the Second Party

: None

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4859

AWARD

As per order No. L-30011/24/2012-IR(M), New Delhi dated 26.06.2012, the Government of India, Ministry of Labour ,

considering an industrial dispute existing between the employer in relation to the management of ONGC Ltd. and

Shoshit Kamdar Sangh, Ahmedabad in exercise of the power conferred by clause (D) of Sub Section (1) of the Industrial

Dispute Act, 1947, referred the dispute for adjudication to the C.G.I.T.-cum-Labour Court, Ahmedabad under the

Schedule as follows:

SCHEDULE

“Whether the demand of the Union (i) for re-employment of 2 workers Shri Jitendra B. Parmar & Shri Manish N. Shah

by the management of M/s Max Vigil; Security Pvt. Ltd. On their original post and (ii) for payment of back wages to 6

workers S/Shri Bhimabhai Punjabhai Dabhi, Bhupendra Khodabhai Dabhi, Ratilal P. Chauhan, Jayendra Nanji Chauhan,

Hiraji Shakraji Zhala & Govindbhai B. Dabhi from the date of their termination to the date of re-employment is legal and

justified? What relief the workmen are entitled to?”

2.

Even on issuance of notices the second party (Shoshit Kamdar Sangh) did not appear for contesting the

reference by filing statement of claim, whereas the first party No. 1 (ONGC Ltd.) on notice appeared and filed

vakalatnama in favour of Shri K.V. Gadhia, Advocate on 08.01.2013 vide Ext. 7. But even after pendency case from

19.07.2012 during which several dozen adjournments granted, the second part/union failed to appear. So it appears that

second party/union who raise this industrial dispute appears to have no interest to contest.

So this reference is dismissed for non-prosecution by the second party.

The terms of reference under the schedule is answered in negative, holding that the second party/union is not entitled to

any relief.

PRAMOD KUMAR CHATURVEDI, Presiding Officer

नई द ली, 16 दस बर, 2015

का

का

का

का.आ.2354

2354

2354

2354.—औ ोिगक िववाद अिधिनयम, 1947 (1947 का 14) क धारा 17 के अनुसरण म केीय सरकार

मेसस ओ

मेसस ओ

मेसस ओ

मेसस ओ.एन

एन

एन

एन.जी

जी

जी

जी.सी

सी

सी

सी.के बंधतं# के संब$ िनयोजक& और उनके कम(कार& के बीच अनुबंध म िन*द+ औ ोिगक िववाद म

के ीय सरकार औोिगक अिधकरण एवं म यायालय

के ीय सरकार औोिगक अिधकरण एवं म यायालय

के ीय सरकार औोिगक अिधकरण एवं म यायालय

के ीय सरकार औोिगक अिधकरण एवं म यायालय, , , , अहमदाबाद

अहमदाबाद

अहमदाबाद

अहमदाबाद पंचाट (संदभ सं!या

संदभ सं!या

संदभ सं!या

संदभ सं!या 1/2006)

1/2006)

1/2006)

1/2006) को

को

को

को कािशत करती है,

जो केीय सरकार को 15/12/2015 को ा/ 0आ था।

[सं. एल-30025/2/2015-आईआर(एम)]

नवीन कपूर, अवर सिचव

New Delhi, the 16th December, 2015

S.O.2354.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 1/2006) of the Central Government Industrial

Tribunal/LabourCourt, Ahmedabad now as shown in the Annexure in the Industrial Dispute between the employers

in relation to the management of M/s. O.N.G.C.and their workman, which was received by the Central Government on

15/12/2015.

[ No. L-30025/2/2015-IR (M)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT,

AHMEDABAD

Present….

Shri Pramod Kumar Chaturvedi,

Presiding Officer,

Ahmedabad,

Dated: 5th November, 2015

4860

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

Complaint (CGITA) No. 1 of 2006

In

Reference (ITC) No. 20 of 2000

Reference (C.G.I.T.) No. 271 of 2004

Under Section 33A of Industrial Dispute Act.

Shri Piyushkumar B. Barot,

12/c Shiv Shakti Apartment,

Near V.K. Vadi,

Mehsana

…..Complainant

Versus

1.

The General Manager (Project)

O.N.G.C., Avni Bhavan,

Chandkheda

Ahmedabad (Gujarat)

…..Opponent

For the Opponent:

Shri K.V. Gadhia, Advocate

Shri M.K. Patel, Advocate

For the Applicant:

Sh. S.G. Vaghela

ORDER/AWARD

The case is fixed on 9th November, 2015 but Sh. S.G. Vaghela, learned Advocate for the complainant and Sh. M.K. Patel

learned counsel for O.N.G.C., opponent have moved joint application Ext. 9 for pre-ponning and taking up the matter

today it self i.e. 06.11.2015.

2.

Consequent upon notice issued to the both parties, they appeared and filed Vakilpatra of Sh. M.K. Patel on behalf

of the opponent and on behalf of the complainant Sh. S.G. Vaghela appeared and moved an application Ext. 9 and 10

respectively with withdrawal of claims made in the complaint to which first parties and their counsel expressed no

objection.

Hence, the complaint is dismissed as withdrawn.

PRAMOD KUMAR CHATURVEDI, Presiding Officer

नई द ली, 16 दस बर, 2015

का

का

का

का.आ. 2355

2355

2355

2355.—औ ोिगक िववाद अिधिनयम, 1947 (1947 का 14) क धारा 17 के अनुसरण म केीय सरकार

मेसस बजाज

मेसस बजाज

मेसस बजाज

मेसस बजाज आिलयांज

आिलयांज

आिलयांज

आिलयांज लाईफ

लाईफ

लाईफ

लाईफ इं%योर&स

इं%योर&स

इं%योर&स

इं%योर&स कंकंकंकं. िलिमटेड

िलिमटेड

िलिमटेड

िलिमटेड के बंधतं# के संब$ िनयोजक& और उनके कम(कार& के बीच अनुबंध म

िन*द+ औ ोिगक िववाद म के ीय सरकार औोिगक अिधकरण एवं म यायालय

के ीय सरकार औोिगक अिधकरण एवं म यायालय

के ीय सरकार औोिगक अिधकरण एवं म यायालय

के ीय सरकार औोिगक अिधकरण एवं म यायालय, , , , चै)ई

चै)ई

चै)ई

चै)ई पंचाट (संदभ सं!या

संदभ सं!या

संदभ सं!या

संदभ सं!या 43/2014)

43/2014)

43/2014)

43/2014)

कािशत करती है जो केीय सरकार को 15/12/2015 को ा/ 0आ था।

[ सं. एल-17012/24/2013-आईआर (एम)]

नवीन कपूर, अवर सिचव

New Delhi, the 16th December, 2015

S.O. 2355.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 43/2014) of the Central Government Industrial

Tribunal/LabourCourt, Chennai now as shown in the Annexure in the Industrial Dispute between the employers in

relation to the management of M/s Bajaj Allianz Life Insurance Co. Ltd. and their workman, which was received by

the Central Government on 15/12/2015.

[No. L-17012/24/2013-IR (M)]

NAVEEN KAPOOR, Under Secy.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4861

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

CHENNAI

Thursday, the 5th November, 2015

Present : K.P. PRASANNA KUMARI

Presiding Officer

Industrial Dispute No. 43/2014

(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 Bajaj Allianz Life Insurance Co. Ltd. & Three

Others and their workman)

BETWEEN

Sri M. Antony Dhas

:

1st Party/Petitioner

AND

1.

The Branch Manager

:

2nd Party/1st Respondent

M/s Bajaj Allianz Life Insurance Co. Ltd.

1st Floor, KaluveetalTeenu Centre

Court Road, Nagercoil

KanyakumariDistt. -629001

2.

The Operation Head

:

2nd Party/2nd Respondent

M/s Bajaj Allianz Life Insurance Co. Ltd.

G.E. Plaza, Airport Road

Yerawada

Pune-411606

3.

The State Operation Manager (TN-2)

:

2nd Party/3rd Respondent

HR South

M/s Bajaj Allianz Life insurance Co. Ltd.

ATV Colony

R.V. Centre, VOC Park

Coimbatore

4.

The State H.R. Manager

:

2nd Party/4th Respondent

M/s Bajaj Allianz Life Insurance Co. Ltd.

Plot 3631, 4th Floor, 3rd Avenue

Anna Nagar

Chennai-600040

Appearance:

For the 1st Party/Petitioner

:

M/s. Arunachalam Associates,

Advocates

For the 2nd Party/1st Respondent

:

M/s. S. Namasivayam, J. Ravindranath

Singh, Advocates

For the 2nd Party/2nd to 4th Respondent

:

M/s. S. Namasivayam, S. Rajkumar,

Advocates

4862

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

A W A R D

The Central Government, Ministry of Labour & Employment vide its Order No. L-17012/24/2013-IR (M) dated

31.03.2014 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is:

“Whether the action of the management of M/s Bajaj Allianz Life Insurance Co. Ltd., Nagercoil in terminating the

services of Sri M. Antony Dhas w.e.f. 12.10.2010 is legal and justified? What relief the workman is entitled to?”

2.

On receipt of the Industrial Dispute this Tribunal has numbered it as ID 43/2014 and issued notices to both

sides. Both sides have entered appearance through their counsel and filed claim and counter statement respectively. The

petitioner has filed rejoinder in answer to the counter statement.

3.

The averments in the Claim Statement filed by the petitioner in brief are as below:

The petitioner joined the services of the First Respondent on 07.02.2005 as Customer Support Representative.

Subsequently, after passing the examination prescribed by the management the petitioner was appointed on regular

basis w.e.f. 01.06.2006. The petitioner was posted in Nagercoil Branch under the immediate control of the First

Respondent. After completing the period of probation, the petitioner was issued Employment Confirmation Order in the

post of Customer Support Executive w.e.f. 01.12.2006. The duties of the Customer Support Executive are to work in the

office, guide and support the customers who approach the branch and to answer the queries of the customers by e-mail

and over phone. The petitioner had been doing the duties assigned to him to the satisfaction of the First Respondent. At

times, he worked beyond the office hours. During February 2010, the Third Respondent assigned the additional duty of

telecalling in respect of lapsed policy holders, to the petitioner. A target of calling 20 persons per day was fixed. In the

office in which the petitioner was working two persons were available to do the work of telecalling. The petitioner being

a Customer Support Executive, the additional work of telecalling with a target of calling 20 persons was impossible to be

accomplished. The petitioner refused to do the additional job of telecalling. Even to complete the works already allotted

to the petitioner, he had to work almost upto 12’O clock at night. In spite of petitioner’s explanation on the issue the

Third Respondent instructed the petitioner to follow his order of telecalling or to resign and quit the office. The petitioner

informed the unfair trade activities of the Respondents to the State Convener of the Trade Union to which he belong.

This infuriated the Second Respondent and he issued a “Stern Warning Letter” to the petitioner. The Respondents also

reduced the petitioner’s payment of incentives from 111% to 88% and also withheld bonus and refused to pay increment.

The Second Respondent sent a warning letter to the petitioner on 01.06.2010 for his failure and negligence in not making

telephone calls to the policy holders. The petitioner sent an explanation to the Third Respondent. In spite of this, the

Second Respondent, as a measure of victimization, issued a transfer order to the petitioner transferring him from

Nagercoil to Trichy TLC Offsite. The TLC Office is only a multi-marketing company and has no connection with the

insurance company. It is a commission agent involved in procuring business deals. The TLC is not a branch office of the

Respondent. It is not a subsidiary of the Respondent also. Since the petitioner was resisting his transfer to Trichy to a

non-existent company, the second Respondent terminated the petitioner from service by order dated 12.10.2010 by

giving him notice pay of three months. The notice pay does not include the DA and other allowances. The termination is

retrenchment without complying with the legal provisions. The claim of the petitioner for bonus for the year 2009-2010

and for incremental arrears for 2010-2011 and holiday and overtime wages from the date of employment to termination

have not been settled. The petitioner had sent representation to the Fourth respondent against the termination order. But

there was no response. The Industrial Dispute is raised accordingly. The petitioner is entitled to an award declaring that

his termination is illegal and also directing the Respondents to reinstate him in service with backwages, continuity of

service and all other attendant benefits.

4.

The Respondents have filed Counter Statement contending as below:

The petitioner was appointed in the Respondent’s Company by letter dated 22.04.2006. The petitioner has accepted the

order of appointment and have agreed to abide by the terms and conditions of the Company, before joining duty. As per

the terms and conditions he had accepted, his services were liable to the transferred to any of the offices of the Company.

Though the petitioner’s normal work consists of the duties assigned to him from time to time, he may at any time be

called upon to discharge any other duties which in the opinion of the Company are within the capacity of the petitioner.

By letter dated 01.06.2010 the petitioner was given a stern warning for his repeated failure to undertake telecalling and

his practice of forwarding official e-mails and communications to external e-mail IDs in violation of the policies and

administrative procedures of the Company. By letter dated 02.09.2010 the service of the petitioner was transferred from

Nagercoil to Trichy Office. The petitioner refused to accept the transfer. On his refusal the services have been terminated

with immediate effect by letter dated 12.10.2010 giving him notice pay of three months basic salary in lieu of notice. The

allegations made in the Claim Statement are all incorrect. It is incorrect to state that the duty of telecalling does not come

under the purview of the work of the petitioner. The petitioner is not entitled to any relief.

5.

The petitioner has filed rejoinder denying the contentions in the Counter Statement and reiterating his case in the

Claim Statement.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4863

6.

The evidence in the case consists of oral evidence of WW1 and MW1 and documents marked as Ext.W1 to

Ext.W28. No documentary evidence was adduced on the side of the Respondents.

7.

The points for consideration are:

(i)

Whether the action of the Management in terminating the services of the petitioner is legal and justified?

(ii)

What is the relief to which the petitioner is entitled?

The Points

8.

The petitioner was admittedly employed with Bajaj Allianz Life Insurance Co. Ltd. at its office of the First

Respondent. Ext.W1 is the letter of the concerned agency deputing the petitioner for work. By Ext.W2 the contract of

employment of the petitioner was extended for one year w.e.f. 07.02.2006. By Ext.W3 the Human Resources

Department of the Company offered the post of Customer Support Executive to the petitioner. There is Ext.W4 by which

the petitioner’s employment as Customer Support Executive w.e.f. 01.12.2006 was confirmed.

9.

The relationship between the petitioner and the Management seems to have become strained after the petitioner

was asked to do telecalling work fixing a target of 20 calls by which he was supposed to call 20 customers asking them

to renew their policies. The stand of the petitioner seems to that telecalling is not a work within his purview as he was

posted as Customer Support Executive. According to him he was expected to do the work of guiding and supporting the

customers who come to the office, to answer them by written and e-mail communication and also by phone. He was also

asked to update and regulate the policies and feed them in the server. Though previously seven days time was allowed

for such updating this has subsequently been reduced to one day which according to the petitioner resulted in his

working even beyond 12’O Clock at night. There are few e-mail communications between the petitioner and Second and

Third Respondents regarding the telecalling which the petitioner was supposed to do. In Ext.W5 an email

communication the petitioner has stated that renewal calling by operational staff is not to be done according to the

operation profile and so it is not his duty to call. In the same document there is a communication from the immediate

superior of the petitioner to his superior that the petitioner has not been making any calls as directed. There are some

more communications in this respect which shows that the petitioner refused to do the telecalling. It is the stand of the

petitioner in his Claim Statement as well as in his affidavit of examination that telecalling is not his duty and he has not

done it even if he was asked to.

10.

The case that is advanced on behalf of the Respondent is that even as per Ext.W3 -the offer of job, the normal

work of Customer Support Executive will consist of the duties assigned from time to time and he will also be called upon

to discharge any other duty which in the opinion of the Company are within the capacity of the petitioner to discharge.

According to the petitioner, two persons in the office were assigned the work of telecalling and they were doing the

work. He himself was assigned sufficient other works and was not at all expected to do the telecalling work. According

to him, telecalling is not the part of the job of Customer Support Executive at all. MW1 the Deputy General of the

Respondent Management has stated during his examination that telecalling is not specified in the Appointment order as

the duty of the petitioner. According to her, the petitioner is liable to do any job that is assigned to him. This admission

implies that telecalling was not part of the duty that was assigned to the petitioner and he was not doing such kind of

work until he was asked to do the work by the superior officer. The respondents were certainly harping on the terms and

conditions in Ext.W3 which states that the petitioner is bound to do other duties also. However, such duty should have

some connection to the job to which he was appointed. The fact remains that the petitioner has refused to do the job

stating that it is not part of his duty and he was overburdened even otherwise. In fact it is seen from the admission of

MW1 that at times the petitioner had been working at odd hours also.

11.

Consequent to the refusal of the petitioner to do the telecalling work a “Stern Warning Letter” is seen issued to

him. In the warning letter marked as Ext.W6 it is stated that the petitioner has failed to make calls to the policy holders

for renewal of their insurance policies. It is further stated that the petitioner has forwarded the official e-mails and

communications which had been classified as internal to external e-mail IDs which is in direct violation of the

Appointment Order. These are the reasons given for the warning. According to the petitioner, the Company had been

retaliating with other measures like reducing payment of weightage of incentives, withholding of bonus, refusal to pay

increments, etc. also. Assuming that the petitioner had refused to carry out his duties and misbehaved by way of refusal

the Management did not issue take any action against the petitioner. On the other hand, the Management resorted to the

shortcut method of giving a transfer order to the petitioner. By Ext.W8 order the petitioner is transferred from Nagercoil

to Trichy TLC Offsite effective from 01.09.2010. The petitioner stated that he is not willing to accept the transfer. On

12.10.2010, by Ext.W12 order, the Company terminated services of the petitioner. In Para-2 of the termination order it is

stated that the petitioner have been transferred from Nagercoil to Trichy but he has refused to accept the transfer or join

at the place to which he was transferred. In Para-32 of the Termination Order it is stated that the Company had decided

to terminate his service with immediate effect by giving notice pay of three months basic salary.

12.

The counsel for the petitioner has referred to the decision of the Apex Court in DELHI TRANSPORT

CORPORATION VS. DTC MAZDOOR CONGRESS AND OTHERS reported in 1991 Suppl. 1600 where it was held

that the Court can lift the veil of the order of termination and that if it finds that the order in substance is punitive in

4864

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

nature it would be bad. On analyzing the facts and circumstances of the present case it is beyond doubt that the order of

termination served on the petitioner is punitive in nature. When the petitioner refused to do the work of telecalling

assigned to him the Management wanted to send him away on the pretext of transfer. Since he did not leave, the

Management resorted to put an end to his service itself, certainly, by way of punishment. MW1 has stated that refusal of

the petitioner is a misconduct. In that case proceedings should have been initiated against the petitioner, explanation

should have been obtained and an enquiry should have been held. Without doing any of the these, the Management

resorted to do away with the petitioner by an order of termination.

13.

There was sufficient reason for the petitioner not to oblige the order of transfer, in any case. The petitioner seems

to have been transferred to an establishment which does not belong to the Respondents at all. The justification for the

transfer given by the Respondents was that it is provided in the Appointment Order that the job is transferable at short

notice to any department or to any office, branch or division of the Company or any subsidiary of the Company. The

petitioner has contended in his Claim Statement that TLC Office to which he was transferred has no connection with the

Bajaj Insurance Co. at all. Though the Respondents have disputed this in the Counter Statement, no documents are

produced to show that the TLC Office to which the petitioner was transferred has got anything to do with the

Respondents. The admission from MW1 would show that it is a separate establishment. MW1 has stated that TLC is one

of Bajaj Allianz Corporate Agent. She further stated that TLC itself is paying its employees. There is also the admission

on her part that the Respondents are not having any branch in TLC. Thus it could be seen that the petitioner was

transferred to an establishment over which the Respondents have no authority. So even assuming that the transfer was on

account of work exigency as claimed by the Respondents, it was only a camouflage to send away the petitioner.

14.

The termination in any case is not in compliance with Section-25F of ID Act also. Though the petitioner was given

some amount describing it as notice pay for three months, the entire amount has not been paid. The reason for

retrenchment has not been stated in the termination order. The petitioner has not been paid compensation as per

Section-25F(b) of the Industrial Disputes Act also.

15.

Even assuming that the petitioner had committed some misconduct there is no justification for the termination

which is not in compliance with the provisions and against the principles of natural justice. The petitioner is entitled to

an order of reinstatement as claimed by him. The backwages payable to him will be limited to 50%. Accordingly, an

award is passed as follows:

The Respondents are directed to reinstate the petitioner in service with 50% backwages and other attendant benefits

within a month of the publication of the award. In default of payment of backwages within time, it would carry interest

@ 7.5% per annum 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 M. Antony Dhas

For the 2nd Party/1st, 2nd, 3rd& 4thManagement

:

None

Documents Marked:

On the petitioner’s side

Ex.No.

Date

Description

Ext.W1

21.02.2005

Deputation order of the petitioner

Ext.W2

20.03.2006

Extension of contract period of the petitioner

Ext.W3

22.04.2006

Appointment letter of the petitioner

Ext.W4

26.04.2007

Confirmation order of the petitioner

Ext.W5

22.05.2010

E-mail letter of the petitioner to the Respondent

Ext.W6

01.06.2010

Stern warning letter issued to the petitioner by the

Respondent Management

Ext.W7

26.06.2010

Letter from the Respondent Management to the

petitioner

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4865

Ext.W8

02.09.2010

Transfer order issued to the petitioner by the

Management

Ext.W9

03.09.2010

Letter from the Respondent to the petitioner

regarding transfer

Ext.W10

03.09.2010

Letter from the petitioner to the Respondent

regarding transfer

Ext.W11

03.09.2010

Reply from the Management regarding transfer

Ext.W12

12.10.2010

Termination order of the petitioner issued by the

Management

Ext.W13

27.02.2011

Representation from the petitioner to the 4th

Respondent

Ext.W14

04.04.2011

E-mail request by the petitioner for reinstatement

Ext.W15

14.05.2012

Industrial Dispute raised by the petitioner before the

Conciliation Officer

Ext.W16

19.07.2012

Reply given by the Respondent Management

Ext.W17

13.08.2012

Rejoinder filed by the petitioner before the Conciliation

Officer

Ext.W18

01.05.2007

Letter from the Respondent to the petitioner for review

Ext.W19

01.06.2007

Performance bonus given to the petitioner by the

Respondents

Ext.W20

19.11.2007

Letter of revision of compensation

Ext.W21

20.06.2008

Letter of Compensation Review – 2008

Ext.W22

20.06.2008

Letter of performance bonus

Ext.W23

26.06.2009

E-mail instructions of the Respondent

Ext.W24

27.06.2009

Letter of compensation review-2009

Ext.W25

10.09.2009

E-mail instructions of the Respondent

Ext.W26

2010

Pay-slips of the petitioner March, 2010 and September, 2010

Ext.W27

22.08.2011

E-mail correspondences of the petitioner

Ext.W28

12.08.2010

E-mail correspondences of the petitioner

On the Management’s side

Ex.No.

Date

Description

_______________Nil______________________________

नई द ली, 16 दस बर, 2015

का

का

का

का.आ.2356

2356

2356

2356.—औ ोिगक िववाद अिधिनयम,1947 (1947 का 14) क धारा 17 के अनुसरण म केीय सरकार

मेसस एन

मेसस एन

मेसस एन

मेसस एन.एम

एम

एम

एम.टी

टी

टी

टी.सी

सी

सी

सी. िलिमटेड

िलिमटेड

िलिमटेड

िलिमटेड के बंधतं# के संब$ िनयोजक& और उनके कम(कार& के बीच अनुबंध म िन*द+ औ ोिगक

िववाद म के ीय सरकार औोिगक अिधकरण एवं म यायालय

के ीय सरकार औोिगक अिधकरण एवं म यायालय

के ीय सरकार औोिगक अिधकरण एवं म यायालय

के ीय सरकार औोिगक अिधकरण एवं म यायालय, , , , जबलपुर

जबलपुर

जबलपुर

जबलपुर केकेकेके पंचाट (संदभ सं!या

संदभ सं!या

संदभ सं!या

संदभ सं!या 97/2003)

97/2003)

97/2003)

97/2003) को

को

को

को कािशत

करती है, जो केीय सरकार को 15/12/2015 को ा/ 0आ था।

[सं. एल-29012/1/2003-आईआर(एम)]

नवीन कपूर, अवर सिचव

4866

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

New Delhi, the 16th December, 2015

S.O. 2356.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 97/2003) of the Central Government Industrial

Tribunal/LabourCourt, Jabalpur now as shown in the Annexure in the Industrial Dispute between the employers in

relation to the management of M/s NMTC Ltd. and their workman, which was received by the Central Government on

15/12/2015.

[No. L-29012/1/2003-IR (M)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, JABALPUR

NO. CGIT/LC/R/97/03

Shri Anil Kumar Ukey,

S/o Amarlal Ji Ukey,

E-1/G-3, Arania Nagar,

Christian Colony, Ward No. 78,

Vijay Nagar,

Indore

…..Workman

Versus

Deputy General Manger,

NMTC Ltd., 29, Kailash Park,

Near Geeta Bhavan,

Indore

…..Management

AWARD

Passed on this 3rd day of December, 2015

1. As per letter dated 19-5-03 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-29012/1/2003-IR(M).

The dispute under reference relates to:

“Whether the action of the management of Dy. General Manager, Minerals and Metals Trading Corporation Ltd. Indore

in terminating the services of Shri Anil Kumar Ukey w.e.f. 1-12-2000 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

2/2 to 2/6. Case of Ist party workman is that he was appointed on daily wages as Driver from November 1995 by 2nd

party. He was continuously working till 1-12-2001. As per fax message dated 25-7-96, it is clear that he was working on

clear vacant post in Indore office of 2nd party. As per correspondence dated 2-1-97 to Shri Rajiv Jaydeva, General

Manager by Dy. General Manager, it is mentioned that all workers whose names have been stipulated have been

rendering services to the maximum satisfaction of superiors, sincerely and honestly working. Dy. General Manager,

Indore office informed Competent Authority that 2 casual workers including workman were satisfactorily working. Their

presence in office is of atmost necessity. General Manager vide his correspondence dated 30-1-00 terminated services of

employees including workman without approval of Competent Authority.

3. Ist party workman contents that he was continuously working as Driver since 1994. He claims to be eligible for

regularization, his services are terminated arbitrarily in violation of Section 25-F of ID Act. He was not paid

retrenchment compensation. On such ground, Ist party workman prays for setting aside order of his termination and

reinstatement with backwages.

4. 2nd party filed Written Statement opposing claim of workman on 15-11-2007. 2nd party denied that workman was

appointed against clear vacancy in November 1995. That MMTC has its recruitment rules. Ist party workman was not

sponsored through Employment Exchange. As per the eligible criteria, selection procedure was not followed while

engaged by Ist party workman. That workman was initially engaged through M/S Ana Consultants which is private

placement concern. Agreement with M/s Ana Consultants is produced. As no clear post of Driver was vacant, workman

was not appointed following selection process. Workman was engaged temporarily. His employment is of adhoc nature.

2nd party had started business of Soya DOC and domestic trade of Oil. It had hired units at Sehore and Ujjain. The work

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4867

of those units was of seasonal nature. Engagement of workman was temporary. Workman was not continuously

working. Workman was not appointed as Driver. Office of 2nd party at Indore was closed in the year 2002. On such

contentions, 2nd party prays for rejection of claim of workman.

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 management of Dy. General

Manager, Minerals and Metals Trading Corporation Ltd.

Indore in terminating the services of Shri Anil Kumar

Ukey w.e.f. 1-12-2000 is justified?

In Negative

(ii) If not, what relief the workman is entitled to?”

As per final order.

REASONS

6. Ist party workman is challenging termination of his service for violation of Section 25-F of ID Act. While terminating

his service, retrenchment compensation was not paid to him. He was continuously working as Driver from November

1995 with 2nd party. His services were illegally terminated. The claim of workman is denied.

7. Workman filed affidavit of evidence supporting his contentions in statement of claim that he was working as Driver at

Indore Office of 2nd party from November 1995. He also referred to Correspondence dated 2-11-97 issued by

Dy. General Manager, correspondence dated 20-11-00 that he was working honestly. His services were terminated from

1-11-01 without informing reasons. He was not served with notice of termination. Wages in lieu of notice were not paid

to him. Retrenchment compensation was not paid to him.

8. Workman in his cross-examination says his name was not sponsored through Employment Exchange. He was directly

appointed. 2nd party carries trading activities. He submitted application for service. The appointment letter was issued to

him. order of appointment is not produced. He denies that 2nd party carries business of Soya. He denies that said business

is carried during six months of the year. Workman further says that he was not given appointment letter. He denies that

he was appointed by Ana consultant and wages were paid to him by M/S Ana consultant. He denies that he did not

complete more than 240 days continuous service during any of the year.

9. Management’s witness Shri Praveen Jain filed affidavit of his evidence supporting contentions in Written Statement

filed by 2nd party that there was no clear vacancy. Workman was engaged temporarily. The Indore unit was closed in the

year 2002. Workman not completed 240 days continuous service. The services of workman and other employees were

terminated as the Indore unit was in loss.

10. The documents produced by workman are admitted by 2nd party. Exhibit W-1 is fax message dated 25-7-96 refers to

the approval sought for direct appointment locally one Steno Typist, one Junior Assistant, one Staff Car Driver and One

Grade I post. In Exhibit W-2, message dated 2-1-97, name of Ist party workman Anil Ukey is shown as Driver working

from November 1995 alongwith 3 other employees working honestly and sincerely at Indore office. Exhibit W-3

correspondence dated 20-11-00 clearly mentioned that workman joined office in November 1995 alongwith 3 other

employees working honestly and sincerely at Indore office. Exhibit W-3 correspondence dated 20-11-00 clearly

mentioned that workman joined office in November 1995. As per directions of Chief Officer (P) Division, the services of

deployment agency along with service of casual workers who had joined after December 1995 were discontinued as per

the message referred. Clause (4) of Exhibit W-3 clearly reads Shri Anil Ukey, Driver and Arvind Nardeo Jr. Assistant

and Homnath Pandey. Grade-I had been redeployed w.e.f. 1-1-1997 with an understanding that their salaries will be paid

directly by MMTC/Indore. Exhibit W-4 clearly shows that the Driver Anil Ukey daily wages was working continuously

without approval. Exhibit w-5 is certificate dated 14-2-97. The employees engaged on daily wages includes post of

Driver. Above documents corroborates evidence of workman. Though 2nd party as contented that Ist party workman was

engaged through M/S Ana Consultants, management’s witness in his cross-examination says he is not personally

acquainted with the workman. He was not posted at Indore office. His affidavit was prepared as per the record.

Attendance Register is not with him. Attendance Register is with the contractor. He is not conversant with facts of this

case. He claims ignorance whether agreement related to workman is produced. He had not seen Attendance Register with

the contractor. No document is produced about workman engaged by the contractor. If evidence of workman and

witness of management is carefully appreciated, management’s witness has no personal knowledge about the service

rendered by workman. The contract between management and Ana Consultant, attendance of Ist party workman is not

produced whereas evidence of workman about engagement on daily wages from November 1995 is corroborated by

the document. Exhibit W-1 to W-5. I find no reason to disbelieve evidence of workman that he was continuously

working from November 1995 as no evidence to the contrary is produced by management. workman had completed

more than 240 days continuous service 12 months preceding his termination. His services were terminated without

notice, retrenchment compensation was not paid to him. wages in lieu of notice were not paid to workman. Therefore

termination of service of Ist party workman is illegal for violation of Section 25-F of ID Act. For above reasons, I record

my finding in Point No.1 in Negative.

4868

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

12. Point No.2- In view of my finding in Point No1 that termination of services of workman is illegal, question remains

for consideration whether workman is entitled for reinstatement with backwages. The contention of 2nd party that Indore

office of 2nd party is closed in 2002 is not challenged. The evidence on record shows that workman was engaged on

daily wages. However he completed more than 240 days continuous service. Workman was continuously working from

November 1995 till 1-12-2001 for more than 5 years. As workman was engaged on daily wages without following

procedure for recruitment, reinstatement of workman with backwages would not be justified. Considering period of

working of workman for more than 5 years, his services are terminated in violation of Section 25-F of ID Act,

compensation Rs. One Lakh would be reasonable. 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 Dy.General Manager, Minerals and Metals Trading Corporation Ltd. Indore in

terminating the services of Shri Anil Kumar Ukeyw.e.f. 1-12-2000 is not proper and legal.

(2)

2nd party management 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

नई द ली, 16 दस बर, 2015

का

का

का

का.आ.2357

2357

2357

2357.—औ ोिगक िववाद अिधिनयम, 1947 (1947 का 14) क धारा 17 के अनुसरण म केीय सरकार

मेसस ओ

मेसस ओ

मेसस ओ

मेसस ओ.एन

एन

एन

एन.जी

जी

जी

जी.सी

सी

सी

सी. िलिमटेड

िलिमटेड

िलिमटेड

िलिमटेड के बंधतं# के संब$ िनयोजक& और उनके कम(कार& के बीच अनुबंध म िन*द+ औ ोिगक

िववाद म के ी

के ी

के ी

के ीय सरकार औोिगक अिधकरण एवं म यायालय

य सरकार औोिगक अिधकरण एवं म यायालय

य सरकार औोिगक अिधकरण एवं म यायालय

य सरकार औोिगक अिधकरण एवं म यायालय, , , , अहमदाबाद

अहमदाबाद

अहमदाबाद

अहमदाबाद, पंचाट (संदभ सं!या

संदभ सं!या

संदभ सं!या

संदभ सं!या 61/2012)

61/2012)

61/2012)

61/2012) को

कािशत करती है, जो केीय सरकार को 15/12/2015 को ा/ 0आ था।

[सं. एल-30011/34/2011-आईआर(एम)]

नवीन कपूर, अवर सिचव

New Delhi, the 16th December, 2015

S.O. 2357.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 61/2012) of the Central Government Industrial Tribunal/Labour

Court, Ahmedabad now as shown in the Annexure in the Industrial Dispute between the employers in relation to the

management of M/s O.N.G.C. Ltd. and their workman, which was received by the Central Government on 15/12/2015.

[No. L-30011/34/2011-IR (M)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT,

AHMEDABAD

Present: ShriPramod Kumar Chatuvedi,

Presiding Officer,

Ahmedabad,

Dated: 8th October, 2015

Reference (CGITA) No. 61/2012

Reference Order No. L-30011/34/2011-IR(M)

1.

The Asset Manager,

O.N.G.C. Ltd.,

Hazira, Surat

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4869

2.

M/s. Maher Copy Centre,

C/o. Asset Manager,

O.N.G.C. Ltd., Hazira,

Surat

…….1st party

And

The Secretary,

Surat Jilla Bhartiya Mazdoor Sangh,

B/206, Capital Complex,

Beside Pratik Row Hose,

Hany Park Road,

Adajan, Surat

…….2nd party

For the 1st Party:

Shri K.V. Gadhia, Advocate

Shri M.K. Patel, Advocate

For the 2nd party:

Sh. D.M. Patel, General Secretary,

Surat Jilla Bhartiya Mazdoor

Sangh

AWARD

The Government of India/Ministry of Labour, New Delhi, vide its order No. L-30011/34/2011-IR(M), dated 23.02.2012,

referred the dispute between the employers in relation to the management O.N.G.C. Ltd. and their workmen for

adjudication to the C.G.I.T.-cum-Labour Court, Ahmedabad (Gujarat) in respect of the matters specified in the

schedule:-

SCHEDULE

“Whether the demand of the Union for regularisation of Services of S/Sh. (1) Naresh M. Patel (2) Sanjay T. Patel (3)

Yogesh A. Patel (4) Navin G. Patel (5) Pravin N. Patel (6) Virendra R. Patel and (7) Paresh J. Patel in the establishment

of ONGC is legal and justified? What relief the workmen are entitled to?”

2.

Consequent upon notice issued to the both parties, they appeared and filed Vakilpatra of Sh. K.V. Gadhia on behalf

of the first party and on behalf of the second party Sh. D.M. Patel, General Secretary, Surat Jilla Bhartiya Mazdoor

Sangh appeared and moved an application Ext. 7 with withdrawal of claims made in the reference to which first parties

and their counsel expressed no objection.

Hence, the reference is dismissed as withdrawn.

PRAMOD KUMAR CHATURVEDI, Presiding Officer

ubZ fnYyh] 17 fnlEcj] 2015

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ljdkj vkSn~;ksfxd vf/kdj.k y[kuÅ ds iapkV lanHkZ la[;k ¼01@2012½

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[la- ,y &41011@67@2011&vkbZ vkj&¼ch-1½]

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New Delhi, the 17th December, 2015

S.O. 2358.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 01/2012) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Lucknow as shown in the Annexure, in the industrial dispute between the management of Northern Railway and their

workman, received by the Central Government on 17/12/2015.

[No. L-41011/67/2011- IR(B-I)]

VINAY KUMAR, Section Officer

4870

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, LUCKNOW

PRESENT

RAKESH KUMAR,

Presiding Officer

I.D. No. 01/2012

Ref.No. L-44011/67/2011-IR (B-I) dated 08.12.2011

BETWEEN

Mandal Sangthan Mantri

Uttar Railway Karamchari Union

283/63 Kh, Garhi Kanaura (Premwati Nagar)

Post: Manak Nagar

Lucknow-11

AND

1.

The Divisional Railway Manager

DRM Office

Hazratganj

Lucknow

2.

Sr. Divisional Personnel Officer

Northern Railway

Hazratganj

Lucknow

AWARD

2. By order No. L-41011/67/2011-IR (B-I) dated 08.12.2011 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 Mandal Sangthan Mantri, URKU,

Lucknow and the DRM/Sr.DPO, NR, Lucknow for adjudication.

2.

The reference under adjudication is:

“WHETHER THE DEMAND OF UTTAR RAILWAY KARAMCHARI UNION TO CHANGE THE

CATEGORY OF SRI J.C. JOSHI FROM RUNNING ROOM WAITER TO LOCO CLEANER AND

GRANTING HIM BENEFIT OF PAY ETC. ABOVE HIS JUNIORS, IS LEGAL AND JUSTIFIED? TO WHAT

RELIEF THE WORKMEN/UNION IS ENTITLED?”

3. As per the claim statement in brief the applicant has stated that he has been employed as running room waiter under

the subordination of SSE (Loco), NR, Alambagh, Lucknow, he had moved application for change of category to the post

of Loco Cleaner on 27.11.1991, thereafter as per the approval of competent authority vide letter dated 14.07.1992 he was

sent for medical examination and was found fit in A-I category as per Memo No. 759510 dated 07.08.1992. The

workman has further stated that he has cleared High School Examination, moreover he has been found medically fit, post

of Loco Cleaner post was also vacant, therefore as per the Railway Rules his category should have been changed to the

post of Loco Cleaner in 1992 but his request has not been accepted so far which is violative of fair labour practice under

the I.D. Act. 1947. The workman has pleaded that other employees junior to him, had been given the benefit of change of

category but workman was neither regularized nor was his category changed. Accordingly, the workman has prayed for

his regularization/change of category since 1992 with all consequential benefits etc.

4. The management in its written statement M-6 has denied the main allegation of the claim statement, with assertion

that the post of Loco Cleaner had been abolished, therefore the request of the workman for change of category would not

be acceptable, moreover the pay scale of both the posts are same. The management has further stated that it is

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4871

prerogative of the railway management to change the category of worker after considering the suitability and other

necessary qualifications as well as the availability of the post.

5. The opposite party has further pleaded that the change of category depends upon the circumstances of the case as per

availability of the post, it is not right of any employee, medical fitness of the employee can not compel the management

to change his category/cadre. The management has also emphasized that its officers are law abiding, they have never

violated any provision of Railway Rules or Industrial Disputes Act,1947 they have always acted in accordance with law.

The management has prayed to adjudicate the matter in favour of the Railway with special cost.

6. Rejoinder W-7 has been filed by the workman wherein assertion of the written statement has been denied, while

reiterating the pleas taken in the claim statement.

7. Certain photocopies of the document have been filed by the workman along with application W-8, which is supported

by an affidavit W-9. Affidavit of Sri J.C.Joshi has been filed as W-9, and he has been duly cross examined on behalf of

the management. The opposite party/Northern Railway has filed affidavit of Sri Prashant Rai, DPO, Northern Railway

M-11, he has been cross examined on behalf of the workman. The parties learned representatives have been afforded

opportunity to forward oral arguments in support of their respective case.

8. Arguments of both the parties have been heard at length. Record available before the Court has been perused

thoroughly.

9.

The workman’s union has submitted that the workman was working as Running Room Bearer with the opposite

parties and he applied for category change. On his application the workman was required to undergo the medical

examination of A-1 class, which he successfully passed; but in spite of his successful clearing of medical examination,

the management of the railways did not change the category of the workman; leading into pecuniary loss to the workman

as the juniors to him, viz. Shri Ram Laut and Karmdev Shukla were promoted to higher scale.

10.

In rebuttal, the management of the railway has contended that the request of the workman for category change

could not be accepted for the reasons that the post of loco cleaner has been abolished. It has also been argued that it is

the prerogative of the management to change the category of the worker after considering his suitability and other

necessary qualifications as well as the availability of the post; and since the post of cleaner itself was abolished therefore,

there was no occasion for the management to change the category of the workman. Moreover, the management has also

added that mere medical fitness cannot compel the management to change the category of the workman. It has also been

asserted by the authorized representative of the management that both the posts i.e. Running Room Bearer and Cleaner

bear same pay scale, therefore, no pecuniary loss was caused to the workman.

11.

The authorized representative of the workman added that although both the posts i.e. Running Room Bearer and

Cleaner bear same pay scale; but the promotion avenues to the posts are different leading into ultimate pecuniary loss to

the workman as junior to the workman viz. Ram Laut and Karm Dev Shukla have got promoted to higher pay scales who

were allowed category change.

12.

I have given my thoughtful consideration to the rival contentions of the leaned authorized representatives of the

parties and scanned the pleadings of the respective parties as well as evidence available on record, documentary and oral.

13.

The management of the railways has pleaded that that it is the prerogative of the railway management to change

the category of the workman after considering his suitability and other necessary qualifications as well as the availability

of the post and since the post of cleaner was abolished, the workman’s category could not be changed. It has also been

pleaded that mere being fit medically, any employee cannot force the management for his category change; but the

documentary evidence relied upon by the workman, which are photocopies of letter and noting of the files, reveal that

the workman was sent for medical examination of A-I class for the purposes of category change. The noting at page

No. 8/7-8/7 shows that the workman cleared his medical examination for A-I class and there was availability of cleaner

in Varanasi Shed; but even then the category of the workman was not changed for the reasons best known to the

management of the railway.

The submission of the management that it is prerogative of the management to change the category of the workman does

not seem to be logical, particularly when the management itself directed him to go through the medical examinations etc.

and also the post of cleaner was available with the management, then the pleading that the post of cleaner got abolished

is not feasible.

Also, it is evident from the records available on file both the posts i.e. Running Room Bearer and Cleaner bear same pay

scale; but the workman’s union has come up with the case that the promotional avenue of both the post is different

leading into pecuniary loss to the workman. The workman in his cross-examination, has categorically stated that two of

his juniors viz. Shri Ram Laut and Karm Dev Shukla have been promoted to the higher post. He has also stated that

when applied for category change the post of cleaner was there, which is well corroborated by the noting of the files.

14.

The management of the railways has pleaded vide para 5 of their written statement that it is the prerogative of the

management to change the category of the worker after considering suitability and other necessary qualifications as well

as the availability of the post. The management in para 4 of the written statement has pleaded that since the post of

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[PART II—SEC. 3(ii)]

cleaner had been abolished therefore, the request of the workman could not be accepted. But on the contrary, in the

instant case, it is evident from the documentary evidence relied upon by the workman, which are correspondences and

noting/orders of the administrative files, that the workman successfully cleared medical examination of A-1 class, he

possessed education qualification of High School, required for the post and also there was availability of the post on the

date of application for change of category. This goes to falsify the stand taken by the management that the category of

the workman could not be changed for the reasons that the post of cleaner has been abolished.

15.

Therefore, in view of the fact and circumstances of the case and discussions made hereinabove, I am of considered

opinion that there was existence of post of cleaner on the date of application by the workman for category change and he

possessed all requisite qualifications too; and accordingly, I come to the conclusion that the demand of the Uttar

Railway Karamchari Union to change the category of Shri J.C. Joshi from Running Room Waiter to Loco Cleaner and

granting him benefit of pay etc. above his juniors viz. Shri Ram Laut and Karm Dev Shukla is legal and justified. Also,

it is established that the post of cleaner has been abolished; therefore the management is directed to grant the workman,

Shri J.C. Joshi the benefit of pay etc. above his juniors viz. Shri Ram Laut and Karm Dev Shukla accordingly.

16.

The reference under adjudication is answered accordingly.

17.

Award as above.

LUCKNOW.

16th November, 2015.

RAKESH KUMAR, Presiding Officer

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New Delhi, the 17th December, 2015

S.O. 2359.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.18/2010) of the Cent. Govt. Indus. Tribunal-cum-Labour Court,

Lucknow as shown in the Annexure, in the industrial dispute between the management of M/s. IRCON International

Ltd. and their workman, received by the Central Government on 17/12/2015.

[No. L-41012/81/2010- IR(B-I)]

VINAY KUMAR, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, LUCKNOW

PRESENT

RAKESH KUMAR

Presiding Officer

I.D. No 18/2010

Ref. No. L-41012/81/2010-IR(B-I)dated 17.09.2010

BETWEEN

Sri Kamta Prasad, Khalasi

Village Sheikhpur,

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4873

Post: Saiyed Pur

Distt.Gazipur (U.P.)

AND

The Managing Director

M/s IRCON International Ltd.,

C-4, District Centre, Saket,

New Delhi-110017

ORDER

By order No. L-41012/81/2010-IR(B-I) dated 17.09.2010 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 Sri Kamta Prasad Khalasi, Village

Sheikhpur, Gazipur Managing Director, M/s IRCON International Ltd., New Delhi for adjudication.

2. The reference under adjudication is:

“WHETHER THE ACTION OF THE MANAGEMENT OF M/S IRCON IN TERMINATING THE SERVICES

OF SRI KAMTA PRASAD W.E.F. 31.05.1998 IS LEGAL AND JUSTIFIED? IF NOT, WHAT RELIEF THE

WORKMAN IS ENTITLED TO?”

3. Today is the date fixed for orders on the application M-7 dated 27.05.2011 and M-16 dated 13.07.2012 moved by the

management, requesting therein that the preliminary objections moved earlier be decided, before adjudicating the claim

on merit. Preliminary objection/written statement in the form of an affidavit alongwith annexures in support there of,

have been filed.

4.

The workman has submitted reply W-9 dated 07.09.2012 and affidavit W-15 dated 12.07.2013 requesting thereby

to dismiss the preliminary objection with cost. Another reply W-19 dated 22.05.2014 has also been filed by the claimant.

5.

Arguments of learned AR of both the parties have been heard at length. The court file has been perused

thoroughly.

6. The workman in his claim statement W-3 has stated in brief that Indian Railway Construction Company Limited is

a Company wholly owned and controlled by the Government of India, it carries on various projects and requires the

sevices of workmen; it is as such, ‘State’ within the meanings of Article 12 of Constitution of India, hence, the opposite

party should act like a model employer. The Indian Railway Construction Company is constructing Railway Line

Bridge, Road, Air Port etc. It is carrying on various construction project throughout the country and abroad. The

Company is having construction Project of electrification of Rail Track from Mughal Sarai to Lucknow and some project

is going on in State of Bihar, M.P. and other parts of India. The Company had appointed large number of employees as

Clerk, Store Clerk, Store Cashier, non technical Supervisor, Peon, Khalashi, Driver etc. The Staff was more than

hundred as such project come within ambit of the definition of Factory as defined in Section 2(M) of the Factory Act,

hence, the Company is Industrial Establishment as contemplated by Section 25 (L) of the Industrial Dispute Act, 1947.

7. The workman has further stated that he was initially selected and appointed as Casual Khalasi vide order dated

08.05.1982 by the opposite party, and was designated as Messenger w.e.f. 01.01.1984 @ 12/- per day by IRCON, on

completion of one year of continuous employment on 19.01.1984, he was brought on monthly rate wages, he was treated

monthly rate worker on consolidated wages of minimum pay scale i.e. 196/ + DA etc, vide another order dated

23.07.1986 in accordance instruction dated 14.08.1985, he was granted pay scale of Rs. 196 to Rs. 232, he was posted to

work under P.M., Vindya Nagar. The applicant has further stated that vide notice dated 29.05.1998 the applicant along

with 16 others was informed that their services will come to an end w.e.f. 31st May, 1998 and accordingly they shall

stand released from the service of the Project from afternoon of 31st May 1998 upon closure of the project on payment of

salary in lieu of notice and compensation as admissible in accordance with the Sec. 25(F) read in conjunction with sub-

section (2) of sec. 25 (FFF) of the I.D. Act. 1947. It is noteworthy that the appointment of applicant was not against any

particular project and was transferable throughout the country to any of the project or office being run by IRCON,

opposite party and applicant has worked for more than 240 days continuously, in fact he has working on the above post

from the very first day of appointment continuously.

8.

It has been stated by the workman that opposite party had numerous projects in its hand and in the year 1998, it

has obtained contracts of 317 crores in value in various parts of the country. The workman has alleged that the notice

dated 29.5.98 is absolutely, illegal, malafide, violative of provision of I.D. Act, and glaring example of unfair labour

practice. The applicant has emphasized that he was appointed in regular capacity in IRCON, he could not be retrenched

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[PART II—SEC. 3(ii)]

merely because one project of IRCON has been completed; other persons junior to the applicant are workmen in other

projects of IRCON through out India but some of them are working the same project whereas the applicant was

retrenched on the basis of aforesaid notice dated 29.5.98. New tender was invited by IRCON, no amount of legal

compensation has been paid to the applicant, no valid notice was given by the opposite party, provision of Section 25F,

25K, 25N and 25 O and other relevant provisions have not been followed by the opposite party.

9.

The applicant has stated that he had preferred Writ Petition No. 29614/98 Amar Kumar Kundu and others before

Hon’ble High Court which was dismissed vide order dated 19.11.2003 on the ground of alternate remedy under I.D. Act.,

by way of raising Industerial Dispute in Labour Court. Later on recall application was moved by the applicant which

was also dismissed vide order dated 23.3.2010, consequently Industrial Dispute was raised in 2010 before ALC

(C) Allahabad.

10.

The workman has asserted that not only services of the applicant are transferable through out India and in any of

the projects on which it is working but All India Seniority list was also maintained. It is pointed out that about 200

workmen who are junior to this petitioners are still working while the applicant has been retrenched in pursuance of

notice dated 29.05.1998. The opposite party has retrenched the workmen applicant in a clear abuse of power and as a

matter of unfair labour practice. On one hand they alleged by the impugned notice that the project have been closed

down with effect from 06.02.1998 which is perse false. Their project continues and even tenders have been invited for

carrying out certain works. It is further pointed out that even now workmen who are much junior to the petitioners are

still working in this project. It is pointed out that Sri R.K. Srivastava son of Sri K.P. Srivastava who was appointed by

order dated 27.01.1996 as Ferro Painting Khalasi for period of six months only or as soon as duly selected as suitable

candidate becomes available. Sri Srivastava is still in the employment and has not been retrenched. It is also relevant to

point out that transfer order has been passed in the case of applicant and other workman transferring them from one

project to another project and from one place to another place. It is also relevant to point out that General Manager,

IRCON, New Delhi by order dated 26.04.1991 has also clarified that once job is not available at Rehand Nagar Project

the workmen are liable to be transferred to the other projects.

11.

It has been pleaded in the claim statement that the Regional Manager IRCON, Anpara had passed the order for

granting consolidated pay to Class IV Staff, Abhay Shanker Pathak, Messenger. A consolidated pay scale was Rs.196/-

per month. The work of applicant as Dak Messenger was changed as Store Chaser by order dated 15.04.1989 which was

passed by Mr. S.K. Sood, Project Manageer, IRCON Vindhya Nagar. The Dy. Project Manager, Rihand Nagar passed an

order for granting scale of Pay to Class IV Staff on completion of four years of service. The scale of pay of the applicant

was Rs.196/- to Rs.232/-. General Manager, IRCON, New Delhi issued a notice on 26.4.1991 that the Class D

employees of Ircon Rihand Nagar Project that they will be continued in service at Rihand Nagar Project Job is available

here. They can be transferred to other project when job is not available at Rihand Nagar.

12.

The applicant has further asserted that he had worked without any interruption, all of sudden the Jt. General

Manager, IRCON, Anpara served a notice dt. 29.05.1998 for dispensing his services on the ground of closure of the

project, it was also mentioned in the said notice that preference will be given to the applicant for his reengagement as and

when the Company secured some more project in U.P. The applicant has submitted that he had been working since

01.01.1984 as messenger the project alongwith other projects are still continuing in U.P, number of employees have been

regularized who were junior to the applicant, his services could be transferred to other project, company being “State”

could not throw out the applicant who had put more than 13 years of the service of the company. The company was

having more than 100 workmen employed in the project as such retrenchment could only be done by following

procedure laid down under I.D. Act., the applicant should be treated in continuity in service alongwith all the

consequential benefits. He has also stated that the fresh advertisement for appointment has also been issued by the

company therefore the aforesaid notice is unjustified and violative of Article 14,16,21 of Constitution of India. With the

above pleadings the applicant has prayed to set aside the impugned termination order dated 31.5.1998, and to treat the

applicant in continuity service, prayer for all consequential benefits and interest there upon has also been made by the

applicant. Certain documents have been annexed alongwith claim statement.

13.

The management has filed preliminary objection M-7 alongwith annexure regarding maintainability of claim

statement and vide another application M-16 the management has prayed to decide the preliminary objection before

adjudicating the case on merits.

14.

Learned AR for the management has stated that the applicant alongwith 13 others had filed Civil Writ Petition No.

29614/98 challenging the notice dated 29.05.1998 before Hon’ble High Court, Allahabad, the aforesaid writ petition

alongwith other CMWP No. 28858/98 and CMWP No. 6634/98 were considered by the Hon’ble High Court and vide

order dated 8.5.2000, the petitions were admitted and connected with CMWP No. 32651/93, (Lal Mohammed & others

vs IRCON & others). It has further been stated by the management that before Civil Misc. Writ Petition No. 32651 of

1993 (Lal Mohammed & Others Vs. Indian Railway Construction Company Limted & Others) alongwith connected Writ

Petitions could be heard and decided by the Hon’ble High Court, Allahabad. The Civil Misc. Writ Petition No. 29614 of

1998 (Amar Kumar Kundu & 13 others vs IRCON Ltd., & Another) came up for consideration before a Division Bench

of the Hon’ble High Court, Allahabad on 19.11.2003 and Civil Misc. Writ Petition No. 29614 of 1998 (Amar Kumar

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4875

Kundu & 13 others Vs IRCON Ltd. & Another) was decided through judgment and order dated 19.11.2003. Within eight

days of the Hon’ble Court’s judgment and order dt. 19.11.2003 passed in CMWP No. 29614 of 1998 (Amar Kumar

Kundu & 13 others VS IRCON Ltd., & Another), the applicant Sri Kamta Prasad alongwith 13 others preferred an

application dated 27.11.2003 alongwith an affidavit dated 27.11.2003 praying therein to recall the judgment and order

dated 19.11.2003 specifically pleading on the basis of the order dated 8.5.2000 in paragraph 7 of the affidavit that

CMWP No. 29614 of 1998 (Amar Kumar Kundu & 13 others Vs IRCON Ltd., & Another) has to be decided alongwith

CMWP no. 32651 of 1993 (Lal Mohammed & Others vs IRCON Ltd., & others) alongwith connoted writ petitions by a

full Bench comprising of 3 Hon’ble Judges instead of 2 Hon’ble Judges through Civil Misc. Application No.21507 of

2003 preferred in CMWP No. 29614 of 1998 (Amar Kumar Kundu & 13 others Vs IRCON Ltd., & Another). The

CMWP No. 32651 of 1993 (Lal Mohammed & others Vs IRCON Ltd. & Others) alongwith connected writ petition was

decided by the Hon’ble Full Bench of Hon’ble High Court, Allahabad through judgment and order dated 21.05.2004

reported in (2004) 5 Allahabad Weekly Cases 3955 and the same was upheld by the Hon’ble Supreme Court through

judgment and order dated 11.01.2007 delivered in civil appeal no. 6195-98/2004 (Lal Mohammed & Others Vs IRCON

Limited & others) reported in (2007) 2 SCC 513. The perusal of the Hon’ble High Court; order dated 08.05.2000 and the

affidavit in support of the application for recall of the order dated 19.11.2003 would conclusively reveal that the claim of

the applicant is identical and similar to the claim in CMWP No.32651 of 1993 (Lal Mohammed & others vs IRCON

Ltd., & others) and as such the claim statement of the applicant filed before the Hon’ble CGIT-cum-Labour Court,

Lucknow is liable to be rejected keeping in view the Hon’ble Supreme Court’s judgment and order dated 11.01.2007 in

civil appeal no.6195-98/2004 (Lal Mohammed & Others Vs IRCON Ltd., & others) reported in (2007) 2 SCC 513,

without further adjudication.

15.

It has also been emphasized by the management that the applicant alongwith others, after being aware of the

Hon’ble Apex Court judgment dated 11.01.2007 in Civil Appeal No. 6195-98/2004 (Lal Mohammed & Others Vs

IRCON Ltd., & others) reported in (2007) 2 SCC page 513, turned around and had intentionally concealed material fact

before Hon’ble High Court, Allahabad, and they had stated that the application for recall of the order dated 19.11.2003 in

Civil Misc. Appeal no.215107/2003 was not being pressed, consequently Hon’ble High Court rejected the same through

order dated 23.02.2010.

16.

It has further been stated by the management that the present claim statement apart from being not maintainable as

already been adjudicated by the Hon’ble Supreme Court through judgement and order dated 11.01.2007 delivered in

Civil Appeal No. 6195/2004 (Lal Mohammed & Others Vs IRCON Ltd., & others) reported in (2007) 2 SCC 513, it is

also not maintainable on the grounds of delay and latches on the part of the applicant which makes the reference order

dated 25.06.2009, bad in the eyes of law being in contravention of legal principles well established by the Hon’ble

Supreme Court. In identical matter, answering opposite parties have filed writ petition no. 967 of 2010 (S/S) (M/s

IRCON International Limited & others vs Vipin & 2 others) before the Hon’ble High Court Allahabad at Lucknow

Bench relating to I.D. Case No.23 of 2009 (Vipin vs MD,IRCON International Limited & others) for quashing the

reference order dated 17.09.2010 of said case. Writ petition No.967 of 2010 (S/S) (M/s IRCON International Limited &

Others vs Vipin & 2 others) was decided by the Hon’ble High Court, Allahabad at Lucknow through judgment and order

dated 23.02.2010 which specifically provides for answering respondents to raise objections of delay and latches before

the Hon’ble CGIT-cum-Labour Court, Lucknow which shall be considered and decided by the CGIT, Lucknow, further

providing opportunity of hearing to the parties concerned and only thereafter the Hon’ble CGIT-cum-Labour Court,

Lucknow shall proceed to deal with the case accordingly. The answering respondents have filed preliminary objections

to maintainability of the claim petition before the Hon’ble CGIT-cum-Labour Court, Lucknow in the present case to

which no replication has been filed by the applicant till date. The present claim statement is not maintainable keeping in

view the Hon’ble Supreme Court judgment and order dated 11.01.2007 in civil Appeal No. 6195-98/2004 (Lal

Mohammed & Others Vs IRCON Ltd., & others) reported in (2007) 2 SCC 513 has already adjudicated; the principles of

waiver and estopple as well as delay and latches. The aforesaid issues have to be decided by the Hon’ble CGIT-cum-

Labour Court, Lucknow before proceeding on material.

17.

The opposite party has further emphasized that the reference order dated 17.9.2010 (Industrial Dispute in question)

has already been adjudicated by the Hon’ble High Court, Allahabad through a judgement dated 11.01.2007 passed by

Hon’ble Supreme Court in Civil appeal no. 6195-98/2004 (Lal Mohammed & Others Vs IRCON Ltd., & others) and the

applicant had earlier pleaded before Hon’ble High Court, Allahabad that his case was identical and similar to the claim

of Lal Mohammed which is quite evident from the perusal of the order dated 8.5.2000. The management has stressed that

the reference order dated 17.09.2010 is barred by delay and latches.

18.

The opposite party has further stated that it is a public sector undertaking under the administrative control of

Ministry of Railways. The company is engaged in construction business. The company participates in competitive

bidding, both national and international for construction of Railways, Roads, Bridges, Tunnels, Airport, etc. Whenever

any contract is awarded to the company, it sets up a project establishment in the premises of the client for execution of

the project. While executing the projects in Anpara Region, the applicant was locally engaged by the project authorities.

On completion of the project, the services of all the workers of the project, including the applicant, were terminated after

following due process under the law. It is stated that the applicant was not engaged regularly after following due

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THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

procedure of recruitment and was engaged only in a project. No regular recruitment can be made without following

procedure prescribed under IRCON’s Recruitment Rules. The project came to an end and as such the applicant’s

engagement was liable to be terminated/retrenched after complying with the provisions of the I.D. Act,1947 with effect

from 31.06.1998. A demand draft no.923130 dt. 27.05.1998 amounting to Rs.61,328/ towards one month pay lieu of

notice, compensation and gratuity was given effect to the applicant vide letter No. IRCON/MNP/CLO/2/98 dated

29.5.1998 but the same was not accepted by the applicant. The provisions of I.D. Act have been complied with.

19.

The management has further prayed that the applicant has no claim or right to be engaged in other project as each

project is distinct, separate and independent to each other. The opposite party has requested to reject the claim statement.

20.

Alongwith its affidavit the management has filed several annexures including the order and Rulings of Hon’ble

High Court & Apex Court.

21.

The workman in its reply W-19, has denied the allegations levelled by the opposite party and has admitted the fact

that in the writ petition no. 29614/98 he was petitioner. The workman has further stated maintainability of writ petition

before Hon’ble High Court, Allahabad. The Hon’ble High Court was pleased to reject preliminary objection and to admit

to issue notice. The workman has requested that the judgment delivered by the Hon’ble High Court in Lal Mohammad is

not applicable to the present case, and on the advice of the counsel of the application, restoration application was

dismissed as withdrawn on 23.02.2010.

22.

The workman has asserted that his case was pending before the Hon’ble High Court, Allahabad so he could not file

before any other forum and only because of the delay his claim cannot be ignored. Moreover, the opposite parties have

again and again, filed writ petitions before Hon’ble High Court but the Hon’ble High Court did not give any relief to the

management. The workman has also pleaded in its reply that the Hon’ble High Court was pleased to pass orders.

23.

The workman has further asserted that preliminary objections are not admitted and are denied, in reply, it is stated

that Lal Mohd., and others were employed for short term and particular project, but the applicant was appointed as

regular employee in the company and all privilege were being given to the applicant as regular employee. Lal Mohd.

Case is not applicable to the applicant case due to pendency of writ petition before Hon’ble High Court, the delay has

been caused hence it is bonafide delay. The Hon’ble Supreme Court has held that in Industrial Dispute, Limitation Act is

not applicable.

24.

The workman has emphasized that opposite party is a public sector undertaking under the administrative control of

Ministry of Railways and it is engaged in construction business and several projects are going in India and abroad as

well, the applicant being regular employee of the company can be easily transferred to any other project in India or other

country.

25.

Learned AR for the opposite party, while annexing several documents alongwith preliminary objection M-7 dated

27.5.11 & M-16 dt. 13.07.2012 and the affidavit, have referred to the order dated 23.01.2002 passed by the Hon’ble High

Court (photo copy filed), and another order dt. 23.02.2010, order dated 8.05.2000, 19.11.2003, 2004(5) AWC, Lal

Mohmmad vs IRCON 3955 (2007)3 SCC 513.

26.

Further reliance has been placed by learned AR for the opposite party on the following pronouncements as well:

1.

(1955) ILLJ, 1158 Hira Sugar Employee Cooperative vs P.P.Korvekar decided by Hon’ble Karnataka High Court

on 15.11.1994.

2.

Civil Appeal 2694-2695/2005, M/s Makhija Construction and Engineering vs Indore Development Authority

decided by Hon’ble Supreme Court on 19.04.2005.

3.

Civil Appeal 1272/11, State of Orissa vs Mamta Mohanty alongwith other connected civil appeals decided by

Hon’ble Supreme Court on 09.02.2011.

27.

Learned AR for the workman during the argument has relied on following pronouncements;

1.

1975 AIR 1900 SC: Cooper Engineering vs P.P.Munde

2.

1984 AIR 153 SC: D.P.Maheshwari vs Delhi Administration.

3.

1998(1) AWC 491: Swarup Vegetable Product vs Labour Court.

4.

Civil Misc. Writ Petition No. 9672/2003: IRCON International Ltd., Vs Baikunth Dabey, Hon’ble High Court

Allahabad decided on 4.08.2005

5.

Civil Appeal No: 5781 of 2007 IRCON International Ltd., vs Baikunth Nath Dubey.

6.

20/13, FLR (vol.137) 1020 Alld: IRCON International Vs Presiding Officer, order dated 11.04.2013..

7.

Civil Appeal Defective No.633 of 2013 IRCON International vs C.P. Gupta and 15 others.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4877

28.

Learned AR for the management has emphasized that under compelling circumstances, due to completion of work

and closure of the on going project, claimant’s services were terminated w.e.f. 31.05.1998 after following the provision

of I.D. Act., A demand draft no.123133 dt. 27.05.1998 amounting to Rs.43035 towards one month pay lieu of notice,

compensation and gratuity was given effect to the applicant but the same was not accepted by the applicant. The effect of

the principle of res judicata/principle of precedent, has been emphasized by the opposite party, with the assertion that the

writ petition of the claimant was decided alongwith writ petition of Lal Mohmmad and others by Hon’ble High Court,

Allahabad therefore, the direction given by the Hon’ble High Court in the case of Lal Mohmmad and the applicant stands

finally decided vide judgment dated 8.5.2000, and the case of Lal Mohmmad was ultimately decided by the Hon’ble

Supreme Court holding that the termination of service of Lal Mohmmad and 24 others was legal and valid. The

management has stressed that further litigation is not permissible under law, the reference made by the Govt. of India,

cannot be legitimately adjudicated by this Court. Learned AR for the opposite party has further argued that the

applicant/claimant has concealed material fact before the Hon’ble High Court as well as before this Court, he has not

come with clean hands before this Court, and no relief can be given to him rather the claim statement is not maintainable

at all.

29.

While refuting the arguments advanced on behalf of the management, learned AR for the workman has argued that

the Lal Mohmmad case is not applicable to this case; moreover, Hon’ble High Court has not granted relief in any case to

the opposite party, neither Hon’ble Supreme Court has refrained the applicant/claimant to seek genuine remedy,

permissible under law, before the CGIT/Labour Court.

30.

While relying upon the aforesaid pronouncements of Hon’ble High Court and Hon’ble Supreme Court, learned AR

for the workman has referred to the order dated 01.09.2011 passed by Hon’ble Supreme Court in Civil Appeal No.

5781/07, IRCON Internation Vs Balkunth Nath Dubey and others. Hon’ble Supreme Court has dismissed the appeal

with the following observations:

“Heard learned counsel for the appearing parties.

On the facts of the case, we are not inclined to exercise our discretion under Article 136 of the Constitution of India. The

Appeal is dismissed accordingly.

However, the question of law is kept open.

We further direct that the impugned judgment of the High Court will not act as a precedent.”

31.

The management has referred to the order dated 23.02.2010 passed by the Hon’ble High Court, Allahabad,

Lucknow bench Lucknow in MS No. 969/10 M/s IRCON International Ltd. Vs Bipin & others wherein objection was

raised on behalf of the management that this Tribunal had proceeded to entertain the matter after 10 years which is not

permissible. Hon’ble High Court has directed the management to raise this objection before Tribunal and it shall be

disposed after providing opportunity of hearing to both the parties.

32.

In CMWP 28858/98 Vijay Kumar & others vs IRCON International connected with CMWP 2964, 6634/98,

Hon’ble High Court, Allahabad in its order dated 08.05.2001 on page 6 has observed;

“Thus it would be appropriate and in the interest of justice also that the issues raised by the present

petitioners be also heard and decided alongwith writ petitions of Lal Mohd., and others and they should not

be related to the alternative remedy of raising the industrial dispute before the Industrial Tribunal. The

preliminary objection raised by the counsel for the respondents is therefore, rejected.

Admit.

Issue Notice.

Let the papers be placed before Hon’ble the Chief Justice for nominating a Division Bench to hear and decide

these three writ petitions alongwith the writ petition of Lal Mohd. And others which is to be heard by the Division

Bench in pursuance of the order dated 04.12.1998 passed by Hon’ble Supreme Court in Civil Appeal No.6069-

6073 of 1998.”

33.

Learned AR for the workman has emphasized that in the light of the order dated 11.04.2013 passed by Hon’ble

High Court, Allahabad in writ no. C 19797/13 IRCON International vs PO, CGIT and others, the Labour Court should

decide all the points, and it would not be prudent to decide preliminary issue. It is pertinent to mention here that Hon’ble

High Court in the order dated 12.04.2013, has referred the following pronouncement of Hon’ble Supreme Court;

1.

Cooper Engineering Ltd. Vs P.P. Munde 1975 (2) LLJ 379.

2.

S.K.Verma Vs. Mahesh Chandra and Others 1983 LIC 1483.

3.

D.P. Maheshwari Vs Delhi Administration and others 1983 LIC 1629.

4878

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

34. Hon’ble High Court has also followed the view taken by Hon’ble High Court full bench in 1997(77) FLR, M/s.

Swaroop Vegetables Product Ltd., vs. Labour Court page 546.

35. In the matter in issue, it is quite pertinent to refer to the judgment dated 11.01.2007, delivered by the Hon’ble

Supreme Court (2007) 2, SCC Lal Mohammad and others vs IRCON page 513 (with Civil Appeal No.5685/2006, 6195-

98/2004). Hon’ble Supreme Court has observed in para 11:

“So far as the second and third questions are concerned, the crucial question to be decided is whether they

were employees of the Project or of the Company. In this connection the finding was given by the Full Bench

that they were employees of the Project and not of the Company. Learned counsel for the appellants laid

much stress on appointment orders of the appellants that they are employees of the Company and not of the

Project. He has also taken us through various appointment orders issued from time to time and some of the

samples, are reproduced as under…………………”

36. Hon’ble Supreme Court in para 16 of the aforesaid prouncement has directed what benefit could be given to the

petitioners/workmen. In para 19 Hon’ble Supreme Court has directed:

“Therefore, these incumbents have already been given notice and if the compensation has not been

determined in terms of Section 25-F then that should be calculated and paid to the workers if not paid so

far. They have been directed to collect their dues from the office. If that amount has not been collected by

them then it will be open to them to collect same or any shortfall that will be made good by the Company. So

far as the termination of the incumbents is concerned after completion of the Project they have no right to

continue. They are only entitled to notice and compensation to be determined under Section 25-J. Shortfall

of period of notice or compensation will not render termination bad on that count.”

37. The inference drawn by Hon’ble Supreme Court in last para 28 of the judgment is as under:

“Therefore, in the light of discussion made above, we are of the opinion that the view taken by the Full

Bench is correct. The petitioners are not entitled to be regularized in their services in the Company and they

are not employees of Company. They are only entitled to compensation as indicated above. The above

appeals and writ petitions filed by workers are dismissed. No order as to cost.”

38. While deciding the above Civil appeal, following Rulings have been cited before Hon’ble Supreme Court:

1.

(2005) 1 SCC 639: 2005 SCC (L&S) 154, Mahendra L.Jain v. Indore Development Authority.

2. (2004) 7 SCC 112: 2004 SCC (L&S) 918 A.Umarani V. Registrar Coop Societies.

3. (2003) 5 SCC 388: 203 SCC (L&S) 690 M.D. U.P. Land Development Corpn. Vs. Amar Singh.

4. (2003) 4 SCC 27: 2003 SCC (L&S) 380, S.M. Nilajkar Vs Telecom District Manager.

5. (1995) 3 SCC 474: 1995 SCC (L&S) 702: (1995) 29 ATC 592 Hindustan Steel Works Construction Ltd. Vs

Employees Union.

6. (1999) 1 SCC 596: 1999 SCC (L&S) 335. Lal Mohd. Vs Indian Rly.Construction Co. Ltd.

7. (1990) 3 SCC 682: 1991 SCC (L&S) 71, Punjab Land Development & Reclamation Corpn. Ltd. Vs

Presiding Officer, Labour Court.

8. (1978) 2 SCC 213: 1978 SCC (L&S) 215 Bangalore Water Supply & Sewerage Board v. A. Rajajppa.

9. (1973) 3 SCC 564: 1973 SCC (L&S) 195, Hindustan Steel Ltd. vs. Workmen.

10. AIR 1957 SC (2) Hariprasad Shivshanker Shukla Vs AD Divedlkar.

39. Hon’ble Supreme Court’s judgment dated 11.01.2007, has not been referred by Hon’ble Allahabad High Court in

its order dated 11.04.2013.

40. After having heard at length, the talented and brilliant arguments advanced by learned ARs of both the parties, it

is evident from the perusal of the record, in the light of the aforesaid prouncements of Hon’ble High Court and Hon’ble

Supreme Court, that the observations and principle propounded by Hon’ble Supreme Court in (2007) 2,SCC, Lal

Mohammed & others vs IRCON International Ltd. 513, is quite relevant so far as the facts of the present “Industrial

Dispute” is concerned, and the Hon’ble Supreme Court verdict has got a binding effect on the parties concerned. It may

be quite pertinent to mention here that the order dated 11.04.2013 passed by Hon’ble High Court, Allahabad in Writ

Petition No. 19797/13, IRCON International Ltd. vs P.O. CGIT-cum-Labour Court & others is also very important but

the prouncement dated 11.01.2007 by Hon ‘ble Supreme Court in Lal Mohammed case (Supra) has perhaps not been

brought to the kind notice of Hon’ble High Court, Allahabad. Moreover, the direction given by Hon’ble Supreme Court

in its order dated 01.09.2011 delivered in Civil Appeal No. 1581/07, IRCON International vs. Baikunth Nath Dubey and

others, is very crucial. While dismissing the appeal filed against the orders of Hon’ble High Court, Hon’ble Supreme

Court in the aforesaid order dated 01.09.2011 has specifically mentioned that the impugned judgment of the Hon’ble

High Court will not act as a precedent. The pleas taken by the parties before the Hon’ble High Court & Hon’ble Supreme

Court, should not be legitimately brushed aside, while thoroughly scanning the judgment of Hon’ble Courts.

¹Hkkx IIµ[k.M 3(ii)º

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4879

41. Sofar as the point raised by learned AR for the management, that the aforesaid reference sent by the Government

and the claim statement filed by the applicant, is barred as a consequence of the so called unexplained delay of more than

five years, is concerned; it is not validly and legally tenable, taking into account the peculiar facts and circumstances of

this case.

42. Therefore, the reference dated 17.09.2010, sent by the Government of India to CGIT-cum-Labour Court, Lucknow,

has to be adjudicated, in the light of the aforesaid pronouncement of Hon’ble Supreme Court. Preliminary objection

regarding maintainability of this case, raised by the management are very crucial, and legally as well as factually sound.

The claimant Sri Kamta Prasad is not entitled to any relief. However, the applicant is entitled to the compensation if not

received by him so far, as per the mandate given by Hon’ble Supreme Court in para 28 of the above mentioned

judgment dated 11.01.2007. The aforesaid Schedule referred by the Government, is adjudicated accordingly.

RAKESH KUMAR, Presiding Officer

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New Delhi, the 17th December, 2015

S.O.2360.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. 37/2014) of the Cent.Govt.Indus.Tribunal-cum-Labour Court Lucknow

as shown in the Annexure, in the industrial dispute between the management of North Eastern Railway and their

workman, received by the Central Government on 17-12-2015.

[No. L-41011/37/2014- IR(B-I)]

VINAY KUMAR, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL–CUM-LABOUR COURT,

LUCKNOW

PRESENT

RAKESH KUMAR, Presiding Officer

I.D. No. 37/2014

Ref. No. L-41011/37/2014-IR(B-I) dated: 06.05.2014

BETWEEN

Anchal Sangthan Secretary

Rail Sevak Sangh

C/o Shri D.P. Awasthi

49, Tilak Nagar

Lucknow.

(Espousing cause of Sri Bhagwati Prasad)

AND

1.

Sr. Divisional Personnel Officer

North Eastern Railway

DRM Office, Ashok Marg

Lucknow.

4880

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

2.

The Chief Medical Superintendent

North Eastern Railway

Gonda (UP)

AWARD

1.

By order No. L-41011/37/2014-IR(B-I) dated: 06.05.2014 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 Anchal Sangthan Secretary, Rail

Sevak Sangh, C/o Shri D.P. Awasthi, 49, Tilak Nagar, Lucknow and Sr. Divisional Personnel Officer, North Eastern

Railway, DRM Office, Ashok Marg, Lucknow & the Chief Medical Superintendent, North Eastern Railway, Gonda (UP)

for adjudication.

2.

The reference under adjudication is:

“या पूव र रेल शासन

या पूव र रेल शासन

या पूव र रेल शासन

या पूव र रेल शासन, लखनऊ व गडा ारा ी भगवती साद पु ी मंगल साद

लखनऊ व गडा ारा ी भगवती साद पु ी मंगल साद

लखनऊ व गडा ारा ी भगवती साद पु ी मंगल साद

लखनऊ व गडा ारा ी भगवती साद पु ी मंगल साद, सफ़ाईवाला को पुरानी

सफ़ाईवाला को पुरानी

सफ़ाईवाला को पुरानी

सफ़ाईवाला को पुरानी प शन न देकर

प शन न देकर

प शन न देकर

प शन न देकर

नई प शन #दया जाना %यायोिचत एवं वैध है

नई प शन #दया जाना %यायोिचत एवं वैध है

नई प शन #दया जाना %यायोिचत एवं वैध है

नई प शन #दया जाना %यायोिचत एवं वैध है? य#द नह- तो कामगार #कस राहत को पाने का हकदार है

य#द नह- तो कामगार #कस राहत को पाने का हकदार है

य#द नह- तो कामगार #कस राहत को पाने का हकदार है

य#द नह- तो कामगार #कस राहत को पाने का हकदार है?”

3.

On receipt of the reference order the workman’s union was issued registered notice to file his statement of claim

complete with relevant documents, list of reliance and witnesses before Tribunal on 17.07.2014 with an advance copy to

the opposite party. The Secretary of the workman’s union appeared before this Tribunal and requested for a date for

filing of statement of claim.

4.

On successive dates the management also turned up. Since the case was related to grant of old pension scheme

instead of new pension scheme, the parties were advised to settle the dispute amicably through Lok Adalat.

Accordingly, the case was taken up at Lok Adalat on 08.05.2015.

5.

On 08.05.2015, Shri D.P. Awasthi, Secretary of the workman’s union was present whereas the opposite parties

were represented by Shri Upendera Kumar Sharma, Chief Welfare Officer.

6.

The opposite party filed M-5, letter signed by Sri P.B. Prasad, Senior Divisional Personnel Officer, North Eastern

Railway, Lucknow, enclosing circular No. 2012/F(E)III/I(I)/2 dated 29.10.2014 of the Railway Board. The management

in letter M-5, referring circular dated 29.10.2014 has stated that the Railway Board, New Delhi vide their circular dated

29.10.2014 has directed to cover the employees who got temporary status prior to 01.01.2004 may be covered under Old

Pension Scheme.

7.

A copy of the M-5 was furnished to the workman’s union. The authorized representative of the workman’s union

sought time to consult the workman; and accordingly, the case was taken up on 30.09.2015 at Lok Adalat. The

Authorized representative of the workman’s union, Shri D.P. Awasthi after going through the contents of letter, M-5 and

circular dated 29.10.2014 showed willingness to withdraw the present industrial dispute being claim settled; and made an

endorsement thereupon as under:

“Since the relief claimed by the Union has been accepted by the opposite parties, further proceeding of

this case may kindly be dropped.”

8.

In view of the submission/endorsement of the workman’s union for dropping of the proceedings, there is no

grievance left with the workman’s union as the present industrial dispute pertains to non-grant of old pension to the

workman by the railway management and the management of the railway has granted the same vide circular

2012/F(E)III/I(I)/2 dated 29.10.2014 of the Railway Board. Resultantly, the industrial dispute stands settled; and no

relief is required to be given to the workman concerned. The reference under adjudication is answered accordingly.

9.

Award as above.

LUCKNOW.

29th October, 2015.

RAKESH KUMAR, Presiding Officer

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4881

New Delhi, the 17th December, 2015

S.O.2361.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.22/2009) of the Cent.Govt.Indus.Tribunal-cum-Labour Court Lucknow

as shown in the Annexure, in the industrial dispute between the management of M/s. IRCON International Ltd. and

their workman, received by the Central Government on 17/12/2015.

[No. L-41012/07/2009- IR(B-I)]

VINAY KUMAR, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, LUCKNOW

PRESENT

RAKESH KUMAR, Presiding Officer

I.D. No 22/2009

Ref.No.L-41012/07/2009-IR(B-I), dated 25.06.2009

BETWEEN

Sri Abhay Shankar Pathak,

Q.No.6A 221 NTPC Vidyut Vihar Colony,

Shakti Nagar

Distt. Sonebhadra (U.P.)

AND

The Managing Director

M/s. IRCON International Ltd.,

C 4, District Centre, Saket,

New Delhi-110017

ORDER

By order No. L-41012/07/2009-IR(B-I) dated 25.06.2009 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 Sri Abhay Shankar Pathak S/o Sri

D.N. Pathak, Q.No. 6A, 271, NTPC Vidyut Vihar Colony, Shakti Nagar, Sonebhadra and the Managing Director, M/s.

IRCON International Ltd., New Delhi for adjudication.

2.

The reference under adjudication is:

“WHETHER THE ACTION OF THE MANAGEMENT OF M/S. IRCON IN TERMINATING THE SERVICES

OF SRI ABHAY SHANKAR PATHAK, KHALASI APPOINTED ON CASUAL BASIS W.E.F. 29.05.1998, IS

JUST, FAIR AND LEGAL? IF NOT, TO WHAT RELIEF SRI PATHAK IS ENTITLED?”

3.

Today is the date fixed for orders on the application M-10 dated 14.05.2010 and M-20 dated 13,07.2012 moved

by the management, requesting therein that the preliminary objections moved earlier be decided, before adjudicating the

claim on merit. Preliminary objection/written statement in the form of an affidavit alongwith annexures in support there

of, have been filed.

4.

The workman has submitted reply W-21 dated 19.07.2013 requesting therein to dismiss the preliminary objection

with cost.

5.

Arguments of learned AR of both the parties have been heard at length. The court file has been perused

thoroughly.

6.

The workman in his claim statement W-3 has stated in brief that Indian Railway Construction Company Limited is

a Company wholly owned and controlled by the Government of India, it carries on various projects and requires the

services of workmen, it is as such, ‘State’ within the meanings of Article 12 of Constitution of India, hence, the opposite

party should act like a model employer. The Indian Railway Construction Company is constructing Railway Line

Bridge, Road, Air Port etc. It is carrying on various construction project throughout the country and abroad. The

Company is having construction Project of electrification of Rail Track from Mughal Sarai to Lucknow and some project

4882

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

is going on in State of Bihar, M.P. and other parts of India. The Company had appointed large number of employees as

Clerk, Store Clerk, Store Cashier, non technical Supervisor, Peon, Khalashi, Driver etc. The Staff was more than

hundred as such project come within ambit of the definition of Factory as defined in Section 2(M) of the Factory Act,

hence, the Company is Industrial Establishment as contemplated by Section 25 (L) of the Industrial Dispute Act, 1947.

7.

The workman has asserted that he was appointed as Khalasi on Casual basis at the rate of Rs.12/- per day for a

period of six months, on 06.09.1985, by Dy.Project Manager, Shakti Nagar, Anpara, appointment letter was also issued.

He has further stated that his appointment was extended from time to time, after completion of one year. He was

assigned the work of Dak Messenger @ Rs.16.65/- per day by an order dated 01.07.1986, another order dated

19.08.1986 has been annexed by the applicant.

8.

It has also been pleaded in the claim statement that the Regional Manager IRCON, Anpara had passed the order for

granting consolidated pay to Class IV Staff, Abhay Shanker Pathak, Messenger. A consolidated pay scale was Rs.196/-

per month. The work of applicant as Dak Messenger was changed as Store Chaser by order dated 15.04.1989 which was

passed by Mr. S.K. Sood, Project Manageer, IRCON Vindhya Nagar. The Dy.Project Manager, Rihand Nagar passed an

order for granting scale of Pay to Class IV Staff on completion of four years of service. The scale of pay of the applicant

was Rs.196/- to Rs.232/-. Mr.D.D. Agarwal, General Manager, IRCON, New Delhi issued a notice on 26.4.1991 that the

Class D employees of Ircon Rihand Nagar Project will continue in service at Rihand Nagar Project as job is available

there. They can be transferred to other project when job is not available at Rihand Nagar. Mr.S.K. Sood, Regional

Manager, IRCON Vindhya Nagar (Anpara) issued a certificate on 31.05.1996 mentioning therein that the applicant is

working as Store Chaser. It is further stated that on the same date the Regional Manager, Anpara issued a transfer letter

for joining IRCON International Limited Air India hanger project E.F.D. Building Old Air Port Shanta Kruz East

Mumbai, Maharastra.

9.

The claimant has submitted that the Regional Manager, Anpara passed an order for transferring the Staff Clerk,

Supervisor, Class IV employees to Air India Hanger Project, under General Manager, Mumbai in the same post and

capacity, the Addl.General Manager, Mumbai Sri K.K.Khanra issued a certificate dated 15.05.1998 showing therein that

the applicant was working as Store Chaser, pay slip for the same was also issued to the applicant.

10.

The applicant has further asserted that he had worked without any interruption, all of sudden the Jt. General

Manager, IRCON, Anpara served a 29.05.1998 for dispensing his services on the ground of closure of the project, it was

also mentioned in the said notice that preference will be given to the applicant for his reengagement as and when the

Company secured some more project in U.P. The applicant has submitted that he had been working since 6.09.1995 as

Store Chaser, the project alongwith other projects are still continuing in U.P, number of employees have been

regularized who were junior to the applicant, his services could be transferred to other project, company being “State”

could not throw out the applicant who had put more than 13 years of the service of the company. The company was

having more than 100 workmen employed in the project as such retrenchment could only be done by following

procedure laid down under I.D. Act., which has not been followed, the applicant should be treated in continuity in

service alongwith all the consequential benefits. He has also stated in the claim statement that the fresh advertisement for

appointment has also been issued by the company, therefore the aforesaid notice is unjustified and violative of Article

14,16,21 of Constitution of India. With the above pleadings, the applicant has prayed to set aside the impugned

termination notice dated 29.5.1998, and to treat the applicant in continuity service, prayer for all consequential benefits

and interest there upon has also been made by the applicant. Certain documents have been annexed alongwith claim

statement.

11. The management has filed preliminary objection alongwith annexure as per List M-1-. The workman has submitted

reply W-11 to the objection of the opposite party.

12.

Vide application M-20 the management has prayed to decide the preliminary objection moved earlier, before

adjudicating the claim on merit.

13.

Learned AR for the management has stated that the applicant alongwith 13 others had filed Civil Writ Petition

No.29614/98 challenging the notice dated 29.05.1998 before Hon’ble High Court, Allahabad, the aforesaid writ petition

alongwith other CMWP No.28858/98 and CMWP No. 6634/98 were considered by the Hon’ble High Court and vide

order dated 8.5.2000, the petitions were admitted and connected with CMWP No. 32651/93, (Lal Mohammed & others

vs IRCON & others). It has further been stated by the management that before Civil Misc. Writ Petition No. 32651 of

1993 (Lal Mohammed & Others Vs. Indian Railway Construction Company Limted & Others) alongwith connected Writ

Petitions could be heard and decided by the Hon’ble High Court, Allahabad. The Civil Misc. Writ Petition No. 29614 of

1998 (Amar Kumar Kundu & 13 others vs IRCON Ltd., & Another) came up for consideration before a Division Bench

of the Hon’ble High Court, Allahabad on 19.11.2003 and Civil Misc. Writ Petition No. 29614 of 1998 (Amar Kumar

Kundu & 13 others Vs IRCON Ltd. & Another) was decided through judgment and order dated 19.11.2003. Within eight

days of the Hon’ble Court’s judgement and order dt. 19.11.2003 passed in CMWP No. 29614 of 1998 (Amar Kumar

Kundu & 13 others Vs IRCON Ltd., & Another), the applicant Sri Kamta Prasad alongwith 13 others preferred an

application dated 27.11.2003 alongwith an affidavit dated 27.11.2003 of Sri Abhay Shankar Pathak (applicant) praying

therein to recall the judgment and order dated 19.11.2003 specifically pleading on the basis of the order dated 8.5.2000

in paragraph 7 of the affidavit that CMWP No. 29614 of 1998 (Amar Kumar Kundu & 13 others Vs IRCON Ltd., &

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Another) has to be decided alongwith CMWP No. 32651 of 1993 (Lal Mohammed & Others vs IRCON Ltd., & others)

alongwith connected writ petitions by a full Bench comprising of 3 Hon’ble Judges instead of 02 Hon’ble Judges

through Civil Misc. Application No.21507 of 2003 preferred in CMWP No. 29614 of 1998 (Amar Kumar Kundu & 13

others Vs IRCON Ltd., & Another). The CMWP No. 32651 of 1993 (Lal Mohammed & others Vs IRCON Ltd. &

Others) alongwith connected writ petition was decided by the Hon’ble Full Bench of Hon’ble High Court, Allahabad

through judgment and order dated 21.05.2004 reported in (2004) 5 Allahabad Weekly Cases 3955 and the same was

upheld by the Hon’ble Supreme Court through judgement and order dated 11.01.2007 delivered in civil appeal no. 6195-

98/2004 (Lal Mohammed & Others Vs IRCON Limited & others) reported in (2007) 2 SCC 513. The perusal of the

Hon’ble High Court’s order dated 08.05.2000 and the affidavit in support of the application for recall of the order dated

19.11.2003 would conclusively reveal that the claim of the applicant Sri Abhay Shankar Pathak is identical and similar

to the claim in CMWP No.32651 of 1993 (Lal Mohammed & others vs IRCON Ltd., & others) and as such the claim

statement of the applicant filed before the Hon’ble CGIT-cum-Labour Court, Lucknow is liable to be rejected keeping in

view the Hon’ble Supreme Court’s judgment and order dated 11.01.2007 in civil appeal No.6195-98/2004 (Lal

Mohammed & Others Vs IRCON Ltd., & others) reported in (2007) 2 SCC 513, without further adjudication.

14.

It has also been emphasized by the management that the applicant alongwith others, after being aware of the

Hon’ble Apex Court judgement dated 11.01.2007 in Civil Appeal No. 6195-98/2004 (Lal Mohammed & Others Vs

IRCON Ltd., & others) reported in (2007) 2 SCC page 513, turned around and had intentionally concealed material fact

before Hon’ble High Court, Allahabad, and they had stated that the application for recall of the order dated 19.11.2003 in

Civil Misc. Appeal No. 215107/2003 was not being pressed, consequently Hon’ble High Court rejected the same through

order dated 23.02.2010. Thereafter the claimant moved an application before ALC ( C ), Allahabad in the background of

the order dated 19.11.2003 passed by the Hon’ble High Court, and notice dated 21.10.2008 issued by the ALC ( C )

Allahabad in reply thereto the management had filed the objection on 19.12.2008. It has been alleged by the opposite

party that the applicant had not filed any rejoinder thereto, conciliation failure report dated 27.1.2009 was submitted by

ALC ( C ) Allahabad to the Central Government.

15.

It has further been stated by the management that the present claim statement apart from being not maintainable,

as already been adjudicated by the Hon’ble Supreme Court through judgment and order dated 11.01.2007 delivered in

Civil Appeal No. 6195/2004 (Lal Mohammed & Others Vs IRCON Ltd., & others) reported in (2007) 2 SCC 513; it is

also not maintainable on the grounds of delay and latches on the part of the applicant which makes the reference order

dated 25.06.2009 bad in the eyes of law being in contravention of legal principles well established by the Hon’ble

Supreme Court. In identical matter, answering opposite parties have filed writ petition no. 967 of 2010 (S/S) (M/s

IRCON International Limited & others vs Vipin & 2 others) before the Hon’ble High Court Allahabad at Lucknow

Bench relating to I.D. Case No.23 of 2009 (Vipin vs MD, IRCON International Limited & others) for quashing the

reference order dated 25.06.2009 of said case. Writ petition No.967 of 2010 (S/S) (M/s IRCON International Limited &

Others vs Vipin & 2 others) was decided by the Hon’ble High Court, Allahabad at Lucknow through judgment and order

dated 23.02.2010 which specifically provides for answering respondents to raise objections of delay and latches before

the Hon’ble CGIT-cum-Labour Court, Lucknow which shall be considered and decided by the CGIT, Lucknow, further

providing opportunity of hearing to the parties concerned and only thereafter the Hon’ble CGIT-cum-Labour Court,

Lucknow shall proceed to deal with the case accordingly. The answering respondents have filed preliminary objections

to maintainability of the claim petition before the Hon’ble CGIT-cum-Labour Court, Lucknow in the present case to

which no replication has been filed by the applicant till date. The present claim statement is not maintainable keeping in

view the Hon’ble Supreme Court judgement and order dated 11.01.2007 in civil Appeal No. 6195-98/2004 (Lal

Mohammed & Others Vs. IRCON Ltd., & others) reported in (2007) 2 SCC 513 has already adjudicated; the principles

of waiver and estopple as well as delay and latches. The aforesaid issues have to be decided by the Hon’ble CGIT-cum-

Labour Court, Lucknow before proceeding on material.

16.

The opposite party has further emphasized that the reference order dated 25.06.2009 (Industrial Dispute in

question) has already been adjudicated by the Hon’ble High Court, Allahabad through a judgement dated 11.01.2007

passed by Hon’ble Supreme Court in Civil appeal No. 6195-98/2004 (Lal Mohammed & Others Vs IRCON Ltd., &

others) and the applicant had earlier pleaded before Hon’ble High Court, Allahabad that his case was identical and

similar to the claim of Lal Mohammed which is quite evident from the perusal of the order dated 8.5.2000. The

management has stressed that the reference order dated 25.06.2009 is barred by delay and latches.

17.

The opposite party has further asserted that it is a public sector undertaking under the administrative control of

Ministry of Railways. The company is engaged in construction business. The company participates in competitive

bidding, both national and international for construction of Railways, Roads, Bridges, Tunnels, Airport, etc. Whenever

any contract is awarded to the company, it sets up a project establishment in the premises of the client for execution of

the project. While executing the projects in Anpara Region, the applicant was locally engaged by the project authorities.

On completion of the project, the services of all the workers of the project, including the applicant, were terminated after

following due process under the law. It is stated that the applicant was not engaged regularly after following due

procedure of recruitment and was engaged only in a project. No regular recruitment can be made without following

procedure prescribed under IRCON’s Recruitment Rules. The project came to an end and as such the applicant’s

engagement was liable to be terminated/retrenched after complying with the provisions of the I.D. Act,1947 with effect

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[PART II—SEC. 3(ii)]

from 31.06.1998. A demand draft No. 123133 dt. 27.05.1998 amounting to Rs.43035/ towards one month pay lieu of

notice, compensation and gratuity was given effect to the applicant vide letter No. IRCON/MNP/CLO/2/98 dated

29.5.1998 but the same was not accepted by the applicant. The provisions of I.D. Act have been complied with.

18.

The management has further prayed that the applicant has no claim or right to be engaged in other project as each

project is distinct, separate and independent to each other. The opposite party has requested to reject the claim statement.

19.

Alongwith affidavit dt. 13.07.2012 the management has filed several annexures including the order and Rulings of

Hon’ble High Court & Apex Court.

20.

The workman in its reply W-21, has denied the allegations levelled by the opposite party and has admitted the fact

that in the writ petition no. 29614/98 he was petitioner. The workman has further stated maintainability of writ petition

before Hon’ble High Court, Allahabad. The Hon’ble High Court was pleased to reject preliminary objection, and to

admit to issue notice. The workman has requested that the judgment delivered by the Hon’ble High Court in Lal

Mohammad is not applicable to the present case, and on the advise of the counsel of the application, restoration

application was dismissed as withdrawn on 23.02.2010.

21.

The workman has asserted that his case was pending before the Hon’ble High Court, Allahabad so he could not file

before any other forum and only because of the delay his claim can not be ignored. Moreover, the opposite parties have

again and again, filed writ petitions before Hon’ble High Court but the Hon’ble High Court did not give any relief to the

management. The workman has also pleaded in its reply that the Hon’ble High Court was pleased to pass orders.

Services of the applicant have been terminated on 29.05.1998.

22.

The workman has further asserted that preliminary objections are not admitted and are denied, in reply, it is stated

that Lal Mohd., and other were employed for short term for particular project, but the applicant was appointed as regular

employee in the company and all privileges were being given to the applicant as regular employee. Lal Mohd. Case is

not applicable to the applicant’s case. Due to pendency of writ petition before Hon’ble High Court, the delay has been

caused hence it is bonafide delay. The Hon’ble Supreme Court has held that in Industrial Dispute, Limitation Act is not

applicable.

23.

The workman has emphasized that opposite party is a public sector undertaking under the administrative control of

Ministry of Railways and it is engaged in construction business and several projects are going on in India and abroad as

well, the applicant being regular employee of the company can be easily transferred to any other project in India or other

country.

24.

Learned AR for the opposite party, while annexing several documents alongwith preliminary objection M-10 &

M-20 and the affidavit, have referred to the order dated 23.01.2002 passed by the Hon’ble High Court (photo copy

filed), and another order dt. 23.02.2010, order dated 8.05.2000, 19.11.2003, 2004(5) AWC, Lal Mohmmad vs IRCON

3955 (2007)3 SCC 513.

25.

Further reliance has been placed by learned AR for the opposite party on the following pronouncements as well:

1.

(1955) ILLJ, 1158 Hira Sugar Employee Cooperative Vs P.P.Korvekar decided by Hon’ble Karnataka High

Court on 15.11.1994.

2.

Civil Appeal 2694-2695/2005, M/s Makhija Construction and Engineering Vs Indore Development Authority

decided by Hon’ble Supreme Court on 19.04.2005.

3.

Civil Appeal 1272/11, State of Orissa Vs Mamta Mohanty alongwith other connected civil appeals decided by

Hon’ble Supreme Court on 09.02.2011.

26.

Learned AR for the workman during the argument has relied on following pronouncements:

1. 1975 AIR 1900 SC: Cooper Engineering Vs P.P.Munde

2. 1984 AIR 153 SC: D.P.Maheshwari Vs Delhi Administration.

3. 1998(1) AWC 491: Swarup Vegetable Product Vs Labour Court.

4. Civil Misc. Writ Petition No. 9672/2003: IRCON International Ltd., Vs Baikunth Dabey, Hon’ble High Court

Allahabad decided on 4.08.2005

5. Civil Appeal No: 5781 of 2007 IRCON International Ltd., vs Baikunth Nath Dubey.

6. 2013, FLR (vol.137) 1020 Alld: IRCON International Vs Presiding Officer, order dated 11.04.2013..

7. Civil Appeal Defective No. 633 of 2013 IRCON International Vs C.P. Gupta and 15 others.

27.

Learned AR for the management has emphasized that under compelling circumstances, due to completion of work

and closure of the on going project, claimant’s services were terminated w.e.f. 31.05.1998 after following the provision

of I.D. Act., A demand draft no.123133 dt. 27.05.1998 amounting to Rs.43035/ towards one month pay lieu of notice,

compensation and gratuity was given effect to the applicant but the same was not accepted by the applicant. The effect of

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4885

the principle of res judicata/principle of precedent, has been emphasized by the opposite party, with the assertion that the

writ petition of the claimant was decided alongwith writ petition of Lal Mohmmad and others by Hon’ble High Court,

Allahabad therefore, the direction given by the Hon’ble High Court in the case of Lal Mohmmad and the applicant stands

finally decided vide judgment dated 8.5.2000, and the case of Lal Mohmmad was ultimately decided by the Hon’ble

Supreme Court holding that the termination of service of Lal Mohmmad and 24 others was legal and valid. The

management has stressed that further litigation is not permissible under law, the reference made by the Govt. of India,

can not be legitimately adjudicated by this Court. Learned AR for the opposite party has further argued that the

applicant/claimant has concealed material fact before the Hon’ble High Court as well as before this Court, he has not

come with clean hands before this Court, and no relief can be given to him rather the claim statement is not maintainable

at all.

28.

While refuting the arguments advanced on behalf of the management, learned AR for the workman has argued that

the Lal Mohmmad case is not applicable to this case; moreover, Hon’ble High Court has not granted relief in any case to

the opposite party, neither Hon’ble Supreme Court has refrained the applicant/claimant to seek genuine remedy,

permissible under law, before the CGIT/Labour Court.

29.

While relying upon the aforesaid pronouncements of Hon’ble High Court and Hon’ble Supreme Court, learned AR

for the workman has referred to the order dated 01.09.2011 passed by Hon’ble Supreme Court in Civil Appeal No.

5781/07, IRCON Internation Vs Baikunth Nath Dubey and others. Hon’ble Supreme Court has dismissed the appeal

with the following observations:

“Heard learned counsel for the appearing parties.

On the facts of the case, we are not inclined to exercise our discretion under Article 136 of the Constitution of India. The

Appeal is dismissed accordingly.

However, the question of law is kept open.

We further direct that the impugned judgment of the High Court will not act as a precedent.”

30. The management has referred to the order dated 23.02.2010 passed by the Hon’ble High Court, Allahabad,

Lucknow bench Lucknow in MS No. 969/10 M/s IRCON International Ltd. Vs Bipin & others wherein objection was

raised on behalf of the management that this Tribunal had proceeded to entertain the matter after 10 years which is not

permissible. Hon’ble High Court has directed the management to raise this objection before Tribunal and it shall be

disposed after providing opportunity of hearing to both the parties.

31. In CMWP 28858/98 Vijay Kumar & others vs IRCON International connected with CMWP 2964, 6634/98,

Hon’ble High Court, Allahabad in its order dated 08.05.2001 on page 6 has observed;

“Thus it would be appropriate and in the interest of justice also that the issues raised by the present petitioners be

also heard and decided alongwith writ petitions of Lal Mohd., and others and they should not be related to the

alternative remedy of raising the industrial dispute before the Industrial Tribunal. The preliminary objection raised

by the counsel for the respondents is therefore, rejected.

Admit.

Issue Notice.

Let the papers be placed before Hon’ble the Chief Justice for nominating a Division Bench to hear and decide these three

writ petitions alongwith the writ petition of Lal Mohd. And others which is to be heard by the Division Bench in

pursuance of the order dated 04.12.1998 passed by Hon’ble Supreme Court in Civil Appeal No.6069-6073 of 1998.”

32. Learned AR for the workman has emphasized that in the light of the order dated 11.04.2013 passed by Hon’ble

High Court, Allahabad in writ no. C 19797/13 IRCON International vs PO, CGIT and others, the Labour Court should

decide all the points, and it would not be prudent to decide preliminary issue. It is pertinent to mention here that Hon’ble

High Court in the order dated 12.04.2013, has referred the following pronouncement of Hon’ble Supreme Court;

1. Cooper Engineering Ltd. Vs P.P. Munde 1975 (2) LLJ 379.

2. S.K.Verma Vs. Mahesh Chandra and Others 1983 LIC 1483.

3. D.P. Maheshwari Vs Delhi Administration and others 1983 LIC 1629.

33. Hon’ble High Court has also followed the view taken by Hon’ble High Court full bench in 1997(77) FLR,

M/s Swaroop Vegetables Product Ltd., vs Labour Court page 546.

34. In the matter in issue, it is quite pertinent to refer to the judgment dated 11.01.2007, delivered by the Hon’ble

Supreme Court in (2007) 2, SCC Lal Mohammad and others Vs IRCON page 513(with Civil Appeal No. 5685/2006,

6195-98/2004). Hon’ble Supreme Court has observed in para 11;

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THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

“So far as the second and third questions are concerned, the crucial question to be decided is whether they were

employees of the Project or of the Company. In this connection the finding was given by the Full Bench that they

were employees of the Project and not of the Company. Learned counsel for the appellants laid much stress on

appointment orders of the appellants that they are employees of the Company and not of the Project. He has also

taken us through various appointment orders issued from time to time and some of the samples, are reproduced as

under…………………”

35. Hon’ble Supreme Court in para 16 of the aforesaid prouncement has directed what benefit could be given to the

petitioners/workmen. In para 19 Hon’ble Supreme Court has directed:

“Therefore, these incumbents have already been given notice and if the compensation has not been determined in

terms of Section 25-F then that should be calculated and paid to the workers if not paid so far. They have been

directed to collect their dues from the office. If that amount has not been collected by them then it will be open to

them to collect same or any shortfall that will be made good by the Company. So far as the termination of the

incumbents is concerned after completion of the Project they have no right to continue. They are only entitled to

notice and compensation to be determined under Section 25-J. Shortfall of period of notice or compensation will not

render termination bad on that count.”

36. The inference drawn by Hon’ble Supreme Court in last para 28 of the judgment is as under:

“Therefore, in the light of discussion made above, we are of the opinion that the view taken by the Full Bench is

correct. The petitioners are not entitled to be regularized in their services in the Company and they are not

employees of Company. They are only entitled to compensation as indicated above. The above appeals and writ

petitions filed by workers are dismissed. No order as to cost.”

37. While deciding the above Civil appeal, following Rulings have been cited before Hon’ble Supreme Court:

1.

(2005) 1 SCC 639: 2005 SCC (L&S) 154, Mahendra L.Jain v. Indore Development Authority.

2.

(2004) 7 SCC 112: 2004 SCC (L&S) 918 A.Umarani V. Registrar Coop Societies.

3.

(2003) 5 SCC 388: 203 SCC (L&S) 690 M.D. U.P. Land Development Corpn. Vs. Amar Singh.

4.

(2003) 4 SCC 27: 2003 SCC (L&S) 380, S.M. Nilajkar Vs Telecom District Manager.

5.

(1995) 3 SCC 474: 1995 SCC (L&S) 702: (1995) 29 ATC 592 Hindustan Steel Works Construction Ltd. Vs

Employees Union.

6.

(1999) 1 SCC 596: 1999 SCC (L&S) 335. Lal Mohd. Vs Indian Rly.Construction Co. Ltd.

7.

(1990) 3 SCC 682: 1991 SCC (L&S) 71, Punjab Land Development & Reclamation Corpn. Ltd. Vs Presiding

Officer, Labour Court.

8.

(1978) 2 SCC 213: 1978 SCC (L&S) 215 Bangalore Water Supply & Sewerage Board V. A. Rajajppa.

9.

(1973) 3 SCC 564: 1973 SCC (L&S) 195, Hindustan Steel Ltd. Vs. Workmen.

10.

AIR 1957 SC (2) hariprasad Shivshanker Shukla Vs AD Divedlkar.

38. Hon’ble Supreme Court’s judgment dated 11.01.2007, has not been referred by Hon’ble Allahabad High Court in its

order dated 11.04.2013.

39. After having heard at length, the talented and brilliant arguments advanced by learned ARs of both the parties, it is

evident from the perusal of the record, in the light of the aforesaid prouncements of Hon’ble High Court and Hon’ble

Supreme Court, that the observations and principle propounded by Hon’ble Supreme Court in (2007) 2,SCC, Lal

Mohammed & others vs IRCON International Ltd,. 513, is quite relevant sofar as the facts of the present “Industrial

Dispute” is concerned, and the Hon’ble Supreme Court verdict has got a binding effect on the parties concerned. It may

be quite pertinent to mention here that the order dated 11.04.2013 passed by Hon’ble High Court, Allahabad in Writ

Petition No. 19797/13, IRCON International Ltd. vs P.O. CGIT-cum-Labour Court & others, is also very important but

the prouncement dated 11.01.2007 by Hon ‘ble Supreme Court in Lal Mohammed case (Supra) has perhaps not been

brought to the kind notice of Hon’ble High Court, Allahabad. Moreover, the direction given by Hon’ble Supreme Court

in its order dated 01.09.2011 delivered in Civil Appeal No. 1581/07, IRCON International vs Baikunth Nath Dubey and

others, is very crucial. While dismissing the appeal filed against the orders of Hon’ble High Court, Hon’ble Supreme

Court in the aforesaid order dated 01.09.2011 has specifically mentioned that the impugned judgment of the Hon’ble

High Court will not act as a precedent. The pleas taken by the parties before the Hon’ble High Court & Hon’ble Supreme

Court, should not be legitimately brushed aside, while thoroughly scanning the judgment of Hon’ble Courts.

40. Sofar as the point raised by learned AR for the management, that the aforesaid reference sent by the Government

and the claim statement filed by the applicant, is barred as a consequence of the so called unexplained delay of more than

five years is concerned, is not validly and legally tenable, taking into account the peculiar facts and circumstances of this

case.

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4887

41. Therefore, the reference dated 25.06.2009, sent by the Government of India to CGIT-cum-Labour Court, Lucknow,

has to be adjudicated, in the light of the aforesaid pronouncement of Hon’ble Supreme Court. Preliminary objection

regarding maintainability of this case, raised by the management are very crucial, and legally as well as factually sound.

The claimant Sri Abhay Shankar Pathak is not entitled to any relief. However, the applicant is entitled to the

compensation if not received by him so far, as per the mandate given by Hon’ble Supreme Court in para 28 of the above

mentioned judgment dated 11.01.2007.The aforesaid Schedule referred by the Government, is adjudicated accordingly.

RAKESH KUMAR, Presiding Officer

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New Delhi, the 17th December, 2015

S.O. 2362.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. 39/2014) of the Cent.Govt.Indus.Tribunal-cum-Labour Court Lucknow

as shown in the Annexure, in the industrial dispute between the management of North Eastern Railway and their

workman, received by the Central Government on 17/12/2015.

[No. L-41011/39/2014- IR(B-I)]

VINAY KUMAR, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL–CUM-LABOUR COURT,

LUCKNOW

PRESENT

RAKESH KUMAR

Presiding Officer

I.D. No. 39/2014

Ref. No. L-41011/39/2014-IR(B-I) dated: 06.05.2014

BETWEEN

Anchal Sangthan Secretary

Rail Sevak Sangh

C/o Shri D.P. Awasthi

49, Tilak Nagar

Lucknow.

(Espousing cause of Sri Naumi Lal)

AND

1.

Sr. Divisional Personnel Officer

North Eastern Railway

DRM Office, Ashok Marg

Lucknow.

2.

The Chief Medical Superintendent

North Eastern Railway

Gonda (UP)

4888

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

AWARD

1.

By order No. L-41011/39/2014-IR(B-I) dated: 06.05.2014 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 Anchal Sangthan Secretary, Rail Sevak Sangh,

C/o Shri D.P. Awasthi, 49, Tilak Nagar, Lucknow and Sr. Divisional Personnel Officer, North Eastern Railway, DRM

Office, Ashok Marg, Lucknow & the Chief Medical Superintendent, North Eastern Railway, Gonda (UP) for

adjudication.

2.

The reference under adjudication is:

“या पूव र रेल शासन, लखनऊ व गडा ारा ी नौमी लाल पु ी राम अधीन, सफ़ाईवाला को पुरानी

पशन न देकर नई पशन #दया जाना %यायोिचत एवं वैध है? य#द नह. तो कामगार #कस राहत को पाने का हकदार

है?”

3.

On receipt of the reference order the workman’s union was issued registered notice to file his statement of claim

complete with relevant documents, list of reliance and witnesses before Tribunal on 17.07.2014 with an advance copy to

the opposite party. The Secretary of the workman’s union appeared before this Tribunal and requested for a date for

filing of statement of claim.

4.

On successive dates the management also turned up. Since the case was related to grant of old pension scheme

instead of new pension scheme, the parties were advised to settle the dispute amicably through Lok Adalat.

Accordingly, the case was taken up at Lok Adalat on 08.05.2015.

5.

On 08.05.2015, Shri D.P. Awasthi, Secretary of the workman’s union was present whereas the opposite parties

were represented by Shri Upendera Kumar Sharma, Chief Welfare Officer.

6.

The opposite party filed M-6, letter signed by Sri P.B. Prasad, Senior Divisional Personnel Officer, North Eastern

Railway, Lucknow, enclosing circular No. 2012/F(E)III/I(I)/2 dated 29.10.2014 of the Railway Board. The management

in letter M-6, referring circular dated 29.10.2014 has stated that the Railway Board, New Delhi vide their circular dated

29.10.2014 has directed to cover the employees who got temporary status prior to 01.01.2004 may be covered under Old

Pension Scheme.

7.

A copy of the M-6 was furnished to the workman’s union. The authorized representative of the workman’s union

sought time to consult the workman; and accordingly, the case was taken up on 30.09.2015 at Lok Adalat. The

Authorized representative of the workman’s union, Shri D.P. Awasthi after going through the contents of letter, M-6 and

circular dated 29.10.2014 showed willingness to withdraw the present industrial dispute being claim settled; and made an

endorsement thereupon as under:

“Since the relief claimed by the Union has been accepted by the opposite parties, further proceeding of

this case may kindly be dropped.”

8.

In view of the submission/endorsement of the workman’s union for dropping of the proceedings, there is no

grievance left with the workman’s union as the present industrial dispute pertains to non-grant of old pension to the

workman by the railway management and the management of the railway has granted the same vide circular

2012/F(E)III/I(I)/2 dated 29.10.2014 of the Railway Board. Resultantly, the industrial dispute stands settled; and no

relief is required to be given to the workman concerned. The reference under adjudication is answered accordingly.

9.

Award as above.

LUCKNOW.

29th October, 2015.

RAKESH KUMAR, Presiding Officer

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New Delhi, the 17th December, 2015

S.O.2363.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 67/99) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4889

Jabalpur as shown in the Annexure, in the industrial dispute between the management of State Bank of Indore and

their workman, received by the Central Government on 17/12/2015.

[No. L-12012/183/98- IR(B-I)]

VINAY KUMAR, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JABALPUR

NO. CGIT/LC/R/67/99

Shri Dinesh Bhaskar,

Gram Laghoti, Post Bagholi,

Betul (MP)

….Workman

Versus

General Manager,

State Bank of Indore,

Merged in SBI,

5, Y. N. Road,

Indore

….Management

AWARD

Passed on this 24th day of November 2015

1. As per letter dated 22-1-99 by the Government of India, Ministry of Labour, New Delhi, the reference is received.

The reference is made to this Tribunal under Section 10 of I.D. Act, 1947 as per Notification No.L-12012/183/98-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 Dinesh Bhaskar

w.e.f. 1-6-96 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 workman submitted statement of claim at

Page 7 to 9. Case of Ist party workman is that he was working as labor in establishment of management. He was

appointed in the year 1993. His work was satisfactory. He was continuously working till 1-6-96. He completed more

than 240 days during each of the year. He is covered as employee under Section 25 B of ID Act. He was not paid

retrenchment compensation. Last come first go principle was not followed. His services were terminated without notice.

Termination of his service is illegal. On such ground, workman prays for his reinstatement with backwages.

3. 2nd party filed Written Statement at page 45 to 57 opposing claim of the Ist party workman. preliminary issue is

raised by 2nd party that workman was not appointed by the Bank as skilled labour. The post of skilled labour is not

available in the Bank workman was not given appointment letter. Employer employee relationship between parties are

denied. While making reference, Government has not considered latches. The reference is illegal.

4. 2nd party further submits that Section 25-4 and Rule 76 to 78 of ID Central Rules are applicable to workers

continuously working more than 240 days in 12 calendar months. Ist party did not work in the 2nd party therefore above

provisions are not applicable in the matter. It is reiterated that workman was never appointed. During summer season, the

drinking water supplier is required. Bank used to keep 6-7 persons for serving drinking water. The offer was accepted by

workman. he was paid amount through petty cash vouchers from suspension account. Taking advantage of petty cash

vouchers, workman raised the dispute without any basis. Workman had not completed 240 days continuous service. He

is not covered under Section 25 B of ID Act. violation of Section 25-G,H is denied. It is submitted that claim of

workman is not legal.

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 management of State Bank of Indore in

terminating the services of Shri Dinesh Bhaskar w.e.f. 1-6-96 is legal and

justified?

In Affirmative

(ii) If not, what relief the workman is entitled to?”

Workman is not entitled to any relief.

4890

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

REASONS

6.

Point No. 1-Ist party is challenging termination of his service for violation of Section 25-F, G, H of ID Act

claiming that he was working with 2nd party from 1993 to 1996. He completed 240 days continuous service during each

of the year. Workman filed affidavit of his evidence supporting contentions in statement of claim. In para-3 of his

affidavit, workman has given details of work he was doing in the Bank. In his cross-examination, workman says he

doesnot know the meaning of daily wage employee. He knows the rules of recruitment. The names are sent to the Head

office of the Bank following recruitment rules. The staff members are appointed. He passed 8th standard. He not

appeared for written test or interview. He had not submitted any application to the office of 2nd party. He was not called

by office for recruitment. The workman volunteered that he submitted application in the branch. His name was not

included in the list of the regular employees. His name was included in contingency vouchers. Two regular sub staff

were working in that branch Sanjay Singh and Narendra Raikwar- one was Daftary and other peon. He was paid Rs. 25/-

per day under voucher. The salary of permanent staff was much more than him. That Branch Manager has authority to

engage daily wage staff. He was engaged on daily wages. He was not told that he was engaged for few days.

7. Management’s witness Laxman Prasad Sahu in his affidavit of evidence denies that workman was continuously

working from 1993 to 1996. In para 4 of his affidavit of evidence, management’s witness says in Betulganj branch, Ist

party was engaged as per requirement. Ne hour morning and one hour evening. He is not eligible for regular

appointment. His name was not sponsored through Employment Exchange. Workman was not interviewed. He was

intermittently doing the work of serving drinking water. Management’s witness in his cross examination says during

23-7-08 to 4-8-08, he was working at Betulganj branch as Assistant Manager. During 1993 to 96, he was not working in

said branch. He was not acquainted with the workman. Daily wagers are paid under vouchers. Sometimes wages for

two days for a week are paid by voucher. Workman was not working on daily wages. He was paid under voucher. The

payment was made in name of different persons. No written record of workman is available in the Bank. He denies

acquaintance with Shri Sanjay Singh and Narendra Raikwar, one post of Daftary was sanctioned for Baitulganj branch.

Written Statement filed by 2nd party is not signed by him.

8. Workman has not examined any other person, no documents are produced by him. the bare statement of

workman cannot establish that the workman was continuously working more than 240 days prior to alleged termination

dated 1-6-96.

9. Management filed affidavit of witness Harinarayan supporting contentions of management in Written Statement.

That workman was working one hour morning one hour evening for filling drinking water. Workman was engaged

intermittently as per requirement. The evidence of said witness remained unchallenged. Workman failed to cross-

examine said witness.

10. Documents received under RTI Act produced by workman at Exhibit W-1 shows payment of Rs. 260/- for work

of filling water. As per Exhibit W-3, workman was paid Rs. 25/- for filling water. The evidence is not sufficient to

establish that the workman completed 240 days continuous service preceding 12 months of his alleged termination.

Workman is not entitled to protection of Section 25-F of ID Act. He is not covered as employee under Section 25B of

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

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

(1) The action of the management of State Bank of Indore in terminating the services of Shri Dinesh Bhaskar

w.e.f. 1-6-96 is legal and proper.

(2) Workman is not entitled to any relief.

R. B. PATLE, Presiding Officer

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New Delhi, the 17th December, 2015

S.O. 2364.— In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. 199/98) 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 Indore and their

workman, received by the Central Government on 17/12/2015.

[No. L-12012/339/97- IR(B-I)]

VINAY KUMAR, Section Officer

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4891

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM -LABOUR COURT, JABALPUR

NO. CGIT/LC/R/199/98

PRESIDING OFFICER: SHRI R.B.PATLE

General Secretary,

Daily Wages Bank Employees Association,

9, Sanwer Road, Ujjain

…Workman/Union

Versus

Managing Director,

State Bank of Indore,

Merged in State Bank of India,

Head Office, 5, Y.N. Road,

Indore

….Management

AWARD

Passed on this 23rd day of November 2015

1. As per letter dated 20-8-98 by the Government of India, Ministry of Labour, New Delhi, the reference is received.

The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as per Notification No. L-12012/339/97-IR(B-I).

The dispute under reference relates to:

“ Whether the action of the management of State Bank of Indore in not regularizing Shri Hukumchand Motiram

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

2. After receiving reference, notices were issued to the parties. Ist party workman submitted statement of claim

through General secretary of Daily Wage Bank employees Union at Page 3/1 to 3/3. Case of Ist party workman is that

workman Hukum chand was engaged on daily wages by Branch Manager Shri K. K. Khadayate from 14-12-93. He was

doing cleaning, sweeping, dusting etc. work. He was performing his duties honestly. The record about his working is

available in the Bank. He was working more than 8 hours per day. He was not paid wages of regular peon. He raised

dispute before ALC that he completed more than 240 days continuous service, his covered as an employee under

Section 25 B of ID Act. He was eligible for appointment as permanent staff. He was denied regularisation. On such

contentions, workman prays for regularisation in service.

3. 2nd party filed Written Statement at page 6/1 to 6/5 opposing claim of workman. That statement of claim submitted

by Ist party is not duly verified. It cannot be considered as statement of claim. The Union is not competent to raise the

dispute. Ist party workman was not member of said Union. Union has not passed any resolution authorizing General

Secretary for raising the dispute. Therefore the reference is not legal. That necessary parties are not impleaded.

Reference is bad for non-joinder and misjoinder of parties. 2nd party denies that workman was engaged on daily wages

from 14-12-93. It is denied that workman was working from 8 to 10 AM. That workman had not completed 240 days

continuous service. He is not covered as employee under Section 25 B of ID Act. Workman is not entitled to protection

under ID Act. In special pleadings, 2nd party submits that for appointment of Bank staff, selection process as per rule is

followed. The Ist party was not appointed following selection process. Appointment letter was not given to him.

Workman was engaged n casual basis. He was paid wages for the working days. On such contentions, 2nd party prays for

rejection of claim.

4. Workman submitted rejoinder at page 7/1 to 7/4 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 management of State Bank

of Indore in not regularizing Shri Hukumchand Motiram

Parmar is justified?

In Affirmative

(ii) If not, what relief the workman is entitled to?”

Workman is not entitled to any relief.

REASONS

6. Point No.1- the terms of reference pertains to denial of regularisation to Ist party workman. He filed affidavit of

his evidence. Workman in his affidavit f evidence says he was working continuously from 14-12-93 for cleaning,

sweeping work. He was paid bonus Rs. 20 per day. He was working under different Branch Managers. He was paid

4892

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

bonus Rs. 128.28 for 1993-94, 478.55 Rs. For 1994-95, 747 in 1995-96, 297 in 1996-97 & 807 in 1997-98. He

completed more than 240 days continuous service. He was terminated in March 99. In his cross-examination, he admits

that he was terminated in March 99 by Bank. He had raised dispute about payment of bonus before ALC. About

termination of his services, he raised dispute. Shri Nagwanshi, so called Union Secretary may tell about other case.

7. Management filed affidavit of witness Yogesh Gandhi supporting contentions in Written Statement filed by

2nd party. He denied that workman was continuously working from 14-12-93 to March 99. That workman was engaged

for cleaning, sweeping work as per exigency for one hour morning one hour evening. Workman was not appointed

following selection process. His name was not sponsored through Employment Exchange. Workman was not

interviewed by the Bank. In his cross-examination, management’s witness says he filed affidavit of evidence as per

record. Document about workman engaged as casual daily wager are not produced. He claims ignorance about payment

of wages to workman. Documents about payment of bonus are admitted by management’s witness and marked Exhibit

W-2, 3(a,b), W-4 and settlement Exhibit W-5. Workman was not paid retrenchment compensation as he was casually

engaged. Documents Exhibit W-1 is letter issued by the Bank not to engage casual employees on daily wages more than

75 days. Exhibit W-2 shows that workman was paid bonus for 1994-95, 95-96. Exhibit W-3 shows workman was paid

bonus of Rs. 1354.03. Exhibit W-3(a) shows workman was paid Rs. 2610.83 in 1998. Exhibit W-4 is copy of settlement.

As workman himself admits that his services were terminated in March 99, workman is not in service since long back.

Claim of workman for regularisation is not tenable. Therefore I record my finding in Point No.1 in Affirmative.

8. Point No. 2- The term of reference pertains to denial of regularisation of workman. Workman was terminated in

March 99. Workman in his cross-examination says that he has raised other dispute regarding his termination. As

workman is not in service, his claim for regularisation cannot be accepted.

9. Learned counsel for 2nd party Shri Chaturvedi relies on ratio held in case No. 2001-SCC-757. As workman is not

in service, his claim for regularisation is not tenable. Ratio held in case needs no detailed discussion.

10. Shri Ram Nagwanshi produced copy of award in Case No. 4/07, 27/04,105/03. As facts and evidence in each case

is different, the awards passed in those reference cases cannot be beneficially relied to support claim of workman for

regularisation. Considering the evidence, I hold that workman is not entitled to any relief.

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

(1)

The action of the management of State Bank of Indore in not regularizing Shri Hukumchand Motiram

Parmar is proper and legal.

(2)

Workman is not entitled to any relief.

R. B. PATLE, Presiding Officer

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New Delhi, the 17th December, 2015

S.O. 2365.— In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 304/99) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Jabalpur as shown in the Annexure, in the industrial dispute between the management of State Bank of Indore and

their workman, received by the Central Government on 17/12/2015.

[No. L-12012/213/99- IR(B-I)]

VINAY KUMAR, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JABALPUR

NO. CGIT/LC/R/304/99

General Secretary,

Daily Wages Bank Employees Association,

Hardev Niwas, 9,

Sanwer Road, Ujjain

….Workman/Union

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4893

Versus

General Manager (Operations),

State Bank of Indore, Head Office,

5, Yeshwant Niwas road,

Indore.

...Management

AWARD

Passed on this 23rd day of November, 2015

1. As per letter dated 28-29/9/99 by the Government of India, Ministry of Labour, New Delhi, the reference is

received. The reference is made to this Tribunal under Section -10 of I.D.Act, 1947 as per Notification No.L-

12012/213/99/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 Dinesh

Chandra Dabi w.e.f. 31-12-96 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 at Page

3/1 to 3/5. Case of workman is that he was engaged on daily wages Rs. 25/- from 1-3-93 by Branch Manager in

Kannod Branch, Distt. Dewas. He worked with devotion. His wages were increased from Rs.25/- to Rs. 35/-. Branch

Manager was paying wages in name of imaginary persons drawing bogus bills. He completed more than 240 days

continuous service during each of the year. His services were terminated without notice from August 1998. He was

not paid retrenchment compensation. He claims to be covered as employee under Section 25 B of ID Act. his

services are terminated without notice, not paying retrenchment compensation in violation of Section 25-F of ID

Act. the policy of last come first go was not followed. Thereby 2nd party violated Section 25 G.N of ID Act. After

termination of his service, other persons were engaged on daily wages. Workman was not given opportunity of re-

employment filing Section 25 H of ID Act. On such ground, workman prays for reinstatement with backwages.

3. 2nd party management filed Written Statement opposing claim of workman. 2nd party submits that it is

established under State Bank of Indore Subsidiary Banks Act, 1959 which is Banking company. 2nd party carry

banking business in different cities and branches. As per circulars issued by RBI and State Bank of India Sub-Staff

appointment of sub-staff is made as per rules and regulations. Branch Manager is not competent to appoint sub staff

Security Guard, messengers. Claim of workman is getting backdoor entry in employment of the Bank. For cleaning,

sweeping work, the Bank is opened 1 ½ hours before working hours. Workman was engaged for cleaning, sweeping

work 1-2 hours in a day as regular staff is not doing cleaning, sweeping work of toilets etc. Ist party was engaged

intermittently engaged between 1-3-93 to 31-12-96. He was not worked as peon. He was engaged for sweeping,

cleaning work 1-2 hours in a day. Ist party is not covered as workman under Section 2(s) of ID Act. Appointment

letter was not issued to workman. Mere completion of 240 days continuous service doesnot confer him for

regularization. 2nd party referred to ratio held in various cases and prays that claim of workman is not justified.

4. Ist party filed rejoinder 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 management of State Bank of Indore in

terminating the services of Shri Dinesh Chandra Dabi w.e.f.

31-12-96 is justified?

In Affirmative

(ii) If not, what relief the workman is entitled to?”

Workman is not entitled to any relief.

REASONS

6. Ist party workman is challenging termination of his service for violation of Section 25-F, G, N of ID Act.

Violation of Section 25 H of ID Act is also alleged. Claim of Ist party workman is denied by management.

7. Workman filed affidavit of his evidence. Workman says he was engaged on daily wages as peon from 1-3-96.

He worked more than 240 days. His services were terminated orally. He was not served with notice. Retrenchment

compensation was not paid to him. In his cross-examination, workman says appointment letter was not issued to

him. He admits that employees appointed on regular basis is given appointment letter. That for regular appointment,

post used to be advertised. The names are sponsored through Employment Exchange. He denies that Branch

Manager has no authority to make appointments. He admits that Branch Manager has power of appointment for

regular work. He also admits that when regular employee was on leave, he was engaged for 1-2 hours. Workman

again contented that he was working for whole day. He denies that he was doing work of sweeping, cleaning etc. he

was not knowing Shri Govind Nayak.

8. Workman produced documents Exhibit W-1 issued by Assistant General Manager pertains to use of Hindi

language. W-2 is copy of letter dated 13-7-93. The pleadings and evidence of workman is that he was engaged on

daily wages in 1993 after the cut out date. Those documents donot support claim of workman. Those documents are

not disclosing working days of Ist party. Certificate Exhibit W-4 is admitted by management’s witness. Said

document also not show working days of Ist party.

4894

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

9. Evidence of management’s witness Sunil Guha is on the point that workman was engaged on daily wages for

cleaning, sweeping work for 1 or 1 ½ hours. Workman was not continuously working from 1-3-93 to 31-12-96.

Management’s witness in his cross-examination says Ist party workman was intermittently called for work during

his period. Any selection process was not followed before engaging him on work. Permission of Controlling

Authority was not obtained. Ist part was not given appointment letter. Attendance Register of workman was not

maintained. He claims ignorance about the mode of payment of workman. He was working as clerk when workman

was engaged during this period. Presently cleaning work is carried through contractor. He claims ignorance how

many labours are released by contractor for cleaning work. The evidence and documents produced by workman not

establish continuous working more than 240 days during any of the year therefore workman is not entitled to benefit

of Section 25-F of ID Act. 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, workman has not completed 240 days continuous service.

Workman is not entitled to protection of Section 25-F of ID Act. Shri Praveen Chaturvedi counsel for management

relies on ratio held in case of BSNL versus Mansingh reported in 2012(132)FLR 500 pertains to Section 25-F needs

no detailed discussion. Workman is not entitled to any relief. 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 Dinesh Chandra

Dabi w.e.f. 31-12-96 is proper and legal.

(2) Workman is not entitled to any relief.

R. B. PATLE, Presiding Officer

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New Delhi, the 17th December, 2015

S.O. 2366.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.67/2014) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Lucknow as shown in the Annexure, in the industrial dispute between the management of North Eastern Railway and

their workman, received by the Central Government on 17/12/2015.

[No. L-41011/88/2014- IR(B-I)]

VINAY KUMAR, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL –CUM- LABOUR COURT, LUCKNOW

PRESENT

RAKESH KUMAR

PRESIDING OFFICER

I.D. No. 67/2014

Ref. No. L-41011/88/2014-IR(B-I) dated: 18.11.2014

BETWEEN

Anchal Sangthan Secretary

Rail Sevak Sangh

C/o Shri D. P. Awasthi

49, Tilak Nagar

Lucknow

(Espousing cause of Sri Sridhar)

AND

1.

Sr. Divisional Personnel Officer

North Eastern Railway

DRM Office, Ashok Marg

Lucknow

2.

The Chief Medical Superintendent

North Eastern Railway

Gonda (UP)

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4895

AWARD

1.

By order No. L-41011/88/2014-IR(B-I) dated: 18.11.2014 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 Anchal Sangthan Secretary, Rail Sevak Sangh,

C/o Shri D.P. Awasthi, 49, Tilak Nagar, Lucknow and Sr. Divisional Personnel Officer, North Eastern Railway, DRM

Office, Ashok Marg, Lucknow & the Chief Medical Superintendent, North Eastern Railway, Gonda (UP) for

adjudication.

2.

The reference under adjudication is:

“या पूव र रेल शासन

या पूव र रेल शासन

या पूव र रेल शासन

या पूव र रेल शासन, लखनऊ व गडा ारा ीधर पु ी राम िबहारी

लखनऊ व गडा ारा ीधर पु ी राम िबहारी

लखनऊ व गडा ारा ीधर पु ी राम िबहारी

लखनऊ व गडा ारा ीधर पु ी राम िबहारी, शंटमैन

शंटमैन

शंटमैन

शंटमैन, गडा को पुरानी प शन न देकर

गडा को पुरानी प शन न देकर

गडा को पुरानी प शन न देकर

गडा को पुरानी प शन न देकर

नई प शन #दया जाना %यायोिचत एवं

नई प शन #दया जाना %यायोिचत एवं

नई प शन #दया जाना %यायोिचत एवं

नई प शन #दया जाना %यायोिचत एवं वैध है

वैध है

वैध है

वैध है? य#द नह- तो कामगार #कस राहत को पाने का हकदार है

य#द नह- तो कामगार #कस राहत को पाने का हकदार है

य#द नह- तो कामगार #कस राहत को पाने का हकदार है

य#द नह- तो कामगार #कस राहत को पाने का हकदार है?”

3.

On receipt of the reference order the workman’s union was issued registered notice to file his statement of claim

complete with relevant documents, list of reliance and witnesses before Tribunal on 20.10.2015 with an advance copy to

the opposite party. The Secretary of the workman’s union appeared before this Tribunal and requested for a date for

filing of statement of claim.

4.

On successive dates the management also turned up. Since the case was related to grant of old pension scheme

instead of new pension scheme, the parties were advised to settle the dispute amicably through Lok Adalat.

Accordingly, the case was taken up at Lok Adalat on 19.06.2015.

5.

On 19.06.2015, the opposite party filed M-4, letter signed by Sri P.B. Prasad, Senior Divisional Personnel Officer,

North Eastern Railway, Lucknow, enclosing circular No. 2012/F(E)III/I(I)/2 dated 29.10.2014 of the Railway Board.

The management in letter M-4, referring circular dated 29.10.2014 has stated that the Railway Board, New Delhi vide

their circular dated 29.10.2014 has directed to cover the employees who got temporary status prior to 01.01.2004 may be

covered under Old Pension Scheme.

7.

A copy of the M-4 was furnished to the workman’s union. The authorized representative of the workman’s union

sought time to consult the workman; and accordingly, the case was taken up on 30.09.2015 at Lok Adalat. The

Authorized representative of the workman’s union, Shri D.P. Awasthi after going through the contents of letter, M-4 and

circular dated 29.10.2014 showed willingness to withdraw the present industrial dispute being claim settled; and made an

endorsement thereupon as under:

“Since the relief claimed by the Union has been accepted by the opposite parties, further proceeding

may kindly be closed.”

8.

In view of the submission/endorsement of the workman’s union for dropping of the proceedings, there is no

grievance left with the workman’s union as the present industrial dispute pertains to non-grant of old pension to the

workman by the railway management and the management of the railway has granted the same vide circular

2012/F(E)III/I(I)/2 dated 29.10.2014 of the Railway Board. Resultantly, the industrial dispute stands settled; and no

relief is required to be given to the workman concerned. The reference under adjudication is answered accordingly.

9.

Award as above.

LUCKNOW.

RAKESH KUMAR, Presiding Officer

29th October, 2015.

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New Delhi, the 17th December, 2015

S.O.2367.— In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 49/2001) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

4896

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

Jabalpur as shown in the Annexure, in the industrial dispute between the management of Western Central Railway

and their workman, received by the Central Government on 17/12/2015.

[No. L-41012/238/2000-IR(B-I)]

VINAY KUMAR, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JABALPUR

NO. CGIT/LC/R/49/2001

Smt. Anita Abraham,

D-149, Station Road,

Jabalpur (MP)

….Workman

Versus

Assistant Divisional Engineer (Chief),

Western Central Railway,

Jabalpur (MP)

….Management

AWARD

Passed on this 27th day of November 2015

1. As per letter dated 15-2-2001 by the Government of India, Ministry of Labour, New Delhi, the reference is

received. The reference is made to this Tribunal under Section -10 of I.D.Act, 1947 as per Notification No.L-

41012/238/2000/IR(B-I). The dispute under reference relates to:

“Whether the action of the management of Assistant Divisional Engineer (Hqr.) Central Railway, Jabalpur in

terminating the services of Smt. Anita Abraham , Ex-Khalasi w.e.f. 3-8-93 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 6/2 to

6/5. Case of Ist party is that her father Israil Ibraham was working as peon in office of Divisional Railway Manager,

Jabalpur died on 26-1-85. After death of her father, her mother Santhai Bai submitted application on compassionate

ground to the applicant her daughter on 5-2-86. Request of her mother was considered by administration of 2nd party. she

was subjected to Written Test and interview on 26-5-86 and 29-6-86 in pursuance of letter dated 14-5-86. Workman was

found suitable for appointment in Group D Category. Her name was registered for appointment in Group D post as per

letter dated 12-9-86. As per letter dated 5-3-92, she was offered Grade D post on compassionate ground. That she passed

requisite medical examination in Medical Category C-I. she was appointed as Khalasi in Grade 750-940 vide order dated

26-3-92. She joined her duty on same day.

3. While workman was working as Khalasi at Jabalpur, show cause notice was issued to her on 29-4-93 alleging that

she had declared herself unmarried for securing job on compassionate ground in Group D Category. On 26th March her

explanation was called about the matter that she submitted reply to showcause notice on 10-5-93. She had enclosed copy

of marriage certificate issued by Church of Masih Prarthana Grah, Jabalpur alongwith her reply. that AEN (Hqr.)

Jabalpur passing order of dismissal from service of workman did not accept marriage certificate given by her. She was

not issued charge memorandum under Rule 9 of RS(D&A) Rules 1969. No enquiry was held, she was not given fair and

reasonable opportunity before passing order of dismissal. That she was regular employee for 1 year and 4 months. In

order of her dismissal, the rules were not mentioned conferring power for dismissal of authority. Which provisions were

violated by workman were not mentioned in the order of dismissal. That Railway rules donot specifically refer to marital

status of female Government Servant. The marriage is not prefixed by the word female. Ist party reiterates that before

order of her dismissal, she was not given reasonable opportunity of hearing. 2nd party has violated Article 311 of the

Constitution. That she had preferred appeal under Rule 18,19 of Railway Servant Discipline Appeal Rules 1968. She had

also preferred reservation appeal to the Divisional Railway Manager Jabalpur. She preferred mercy appeal to General

Manager Central Railway, Mumbai. That she was given job in Railway on compassionate ground on account of death of

her father on application submitted by her widow mother as per procedure in vogue. On such ground, workman prays

for her reinstatement with consequential benefits.

4. 2nd party filed Written Statement opposing claim of workman. 2nd party did not dispute that her father was working

in the Railway died prematurely on 23-10-95. On application submitted by her mother, she was appointed on

compassionate ground on 26-3-92 as Khalasi in Grade 750-940. 2nd party did not dispute showcause notice issued to

workman on 29-4-93. The reply given by him to the workman. 2nd party reiterates the complaint was submitted by

brother of Ist party. She secured employment on compassionate ground fraudulently. Ist party was married. She had

claimed to be unmarried. Ist party workman submitted copy of marriage certificate along with reply to showcause

notice. After receiving complaint from her brother of Ist party Moise Abraham, the matter was enquired and it was found

that she was married to one Shankar Singh Morkar. Said Shankar Singh Morkar was working as parcel porter in

documents submitted by workman and other benefits, workman was shown as his wife, daughter Nisha- 8 years, Minu-

4 years. Workman was admitted in Railway Hospital, she was provided the special diet charges. Amount of Rs. 120/-

was recovered from salary of Shri Shankar w.r.t. special diet. In PF Nomination of Shankar Singh had shown name of ist

party workman as his wife. It is reiterated that workman was given opportunity of hearing before passing order of her

¹Hkkx IIµ[k.M 3(ii)º

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4897

dismissal. Violation of Article 311(2) is denied. 2nd party submits that Ist party workman secured employment of

compassionate ground practicing fraud about her marital status. Workman is not entitled to any relief.

5. Workman submitted rejoinder at Page 13/1 to 13/5 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 management of Assistant

Divisional Engineer (Hqr.) Central Railway, Jabalpur in

terminating the services of Smt. Anita Abraham , Ex-

Khalasi w.e.f. 3-8-93 is legal and justified?

In Negative

(ii) If not, what relief the workman is entitled to?”

As per final order.

REASONS

7. Workman is challenging termination of her services without issuing chargesheet or conducting enquiry. Claim of

workman is opposed by management. Workman filed affidavit of her evidence supporting her contentions in statement

of claim that her father died on 26-1-85, she submitted application for appointment on compassionate ground on 5-2-86.

Her claim was accepted by 2nd party management as per letter dated 14-5-86. She received letter dated 5-3-92, offer of

appointment. She accepted the offer on 26-3-92 and joined duty as Khalasi on same day. She had married one Shankar

Singh on 18-7-92 in Church. She was working with 2nd party for 1 year 4 months. She acquired status of temporary

employee. Her services were terminated without enquiry. In her cross-examination, workman says in 1992, she joined

duty. She did not recollect date of joining duty. After death of her father, her claim for appointment on compassionate

ground was accepted. She was unable to tell the date. Office obtained some documents from her. Attestation form was

filed by her. She studied 11th standard. She was given compassionate appointment on say of her brother. Her brother

Moise Abraham was not aggrieved by her appointment her further cross-examination is devoted about her marriage with

Shankar Singh. He had adopted Christianity. Marriage certificate was attached alongwith reply to showcause notice. Her

evidence in cross-examination shows she was blessed with 4 children explaining that she was blessed with 4 daughters

and one son. Ist daughter was born in 1990. She was studying in 9th standard in MLB School. Again explained that

younger daughter was born in 1989 and studying in 10th standard in MLB. 2nd daughter born in 1992. When she got the

service, she had submitted in writing that she was not married. If her evidence is carefully appreciated, it is clear that she

was blessed with elder daughter in 1989 whereas she claim marriage in 1992. Before her marriage with Shankar singh

workman was blessed with daughter. It appears that she was blessed with daughter prior to her marriage with Shankar

singh.

8. The evidence of management’s witness Shri A.K.Jain is on the point that workman was appointed as Khalasi on

compassionate ground after death of her father. She was appointed under CIOW Jabalpur from 26-3-92. At the time of

her appointment, workman had declared as unmarried. Her brother Moise Abraham complained that workman was

married at the time of her appointment. Said fact was concealed by the workman. Showcause notice was issued to her on

29-4-92. After enquiry, it was found that workman submitted concealed information about her marriage. Secondly she

was dismissed from her service after issuing showcause notice. From evidence of management’s witness, documents

Exhibit M-1 to M-3 are admitted in evidence. In his cross-examination, management’s witness says workman was not

working under him. He was not posted at Jabalpur during 1991 to 1993 in Way Inspector Office. Shri Shankar Singh did

not work under him. He is not presently acquainted with him. He could not identify signature of shri Shankar Singh That

Shri Shankar singh married in 1988. He had not seen marriage certificate earlier. Smt. Anita workman was regular

employee. Before termination of her service, Railway disciplinary Appeal Rules 1968 was followed. Chrgesheet was not

issued to her before termination of her service. Showcause notice was issued. Enquiry was conducted against workman

and related documents are produced. Management’s witness was unable to tell who was management’s representative in

the enquiry. He did not see documents in that regard. He was unable to tell who were witnesses in the enquiry

proceedings. Workman was terminated on ground that she had given wrong information in Attestation form.

9. Turning to documentary evidence Exhibit W-1 is application submitted by Smt. Shanti bai mother of workman for

compassionate appointment on her daughter Anita dated 5-2-86. Exhibit W-2 is letter calling workman for written test

on 26-5-86. W-3 is letter dated 12-9-86 informing workman that she was registered for compassionate appointment as

Class IV category. Her number was 346(A). thus claim of workman for compassionate appointment was accepted on

12-9-86. Exhibit W-4 is letter dated 5-3-92. The Ist party was called in the office alongwith educational documents and

pass port size photo for her appointment. Exhibit W-5 is appointment letter dated 26-3-92. W-6 is showcause notice

issued to workman dated 29-4-93. Exhibit W-7 is reply filed by workman. W-8 is order of her dismissal dated 3-8-93.

W-9 is copy of the maternity leave to unmarried female Railway Servants Exhibit W-10 is representation submitted by

workman on 5-2-94. Exhibit W-11 is copy of rules for compassionate appointments. Said rule III provides

compassionate appointment to near relatives, (ii) provides for compassionate appointment to the son or daughter of the

employee or ex employee is minor one and the widow cannot take up employment. Said clause doesnot refer to married

4898

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

daughter or unmarried daughter. Only daughter is included for compassionate appointment. Documents Exhibit M-1, M-

2, M-3, M-4(a), (b) produced by the management pertains to the nomination of the year 1991 for PF by Shri shanker

Singh, Anita his wife i.e. workman. In Exhibit M-3, the form for Railway Pass name of Ist party and her daughters are

shown. In M-4 name of workman Anita is shown unmarried in service register. In M-4(a) name of workman is shown in

service book. Attestation form M-4(b) name of Ist party workman is shown as Anita Abraham below Col-12, her status

is shown unmarried. In Column 3 of form, Ist party has not shown name of her husband rather in col.2, she shown name

of her deceased father. Said declaration form was submitted on 26-3-92 when workman joined duty.

10. As discussed above in rules for compassionate appointment Exhibt M-11, daughter doesnot refer to married or

unmarried for compassionate appointment. Workman was already registered for appointment on compassionate ground

as per Exhibit W-3 on 12-9-86. She was appointed on 26-3-92 after about more than 5 years. When the rules for

appointment on compassionate ground donot restrict married daughters, the attestation form submitted by workman at

the time of joining service not showing her marital status and name of her husband would be of no consequence as there

is no restriction of appointment on compassionate ground of married daughters.

11. 2nd party though contends that enquiry was conducted against workman, management’s witness in his cross-

examination was unable to tell who was management’s representative, names of witnesses examined in enquiry

proceedings. Learned counsel for 2nd party Shri A.K.shashi was fair in submitting that DE was not conducted against

workman. However it was emphasized that workman has admitted her marriage in reply to showcause notice,

management has right to prove misconduct. The evidence is already on record that workman had suppressed information

about her marital status. In view of the rules for appointment on compassionate ground, there is no restriction on

appointment of married daughter on compassionate ground. Any misconduct cannot be made out against the workman.

Besides above, management witness has admitted that workman was regular employee. Railway Discipline Appeal rules

1968 were followed. That enquiry is not conducted before dismissal of service of Ist party, dismissal of workman is in

violation of rule9 of Railway Servant discipline Appeal Rules 1968. Verbatim of Rule 9(1) is produced for convenience-

“ No order imposing any of the penalties specified in Clauses v to ix of Rule 6 shall be made except after an inquiry held

as far as may be in the manner provided in this rule and Rule 10 or in the manner provided n Public servants Act 1850

where such inquiry he held under that Act.

It is also violative of Article 311 of the constitution. The punishment of dismissal therefore could not be sustained. On

the point shri A.K.Shashi relies on ratio held in

Case between Kendriya vidyalaya Sangathan and others versus Ram

Ratan Yadav reported in 2003(3)SCC-437. In above cited case, their Lordship held suppression of material information

relating to character and antecedents considered a major offence.

The facts of above cited case are not comparable as appointee in above cited case was convicted in criminal court. Said

fact was suppressed by him in Attestation Form. In present case, the Ist party workman not disclosed her marital status as

per rules for appointment on compassionate ground, the married daughter is not prohibited. The concealment of marital

status by workman is not of any consequence when she was already selected in 1986 and appointed in 1992. 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 punishment of dismissal imposed against workman is illegal for

violation of Rule 9(1) and Article 311 of the constitution, the question remains for consideration whether workman is

entitled for reinstatement with backwages. Workman in her affidavit of evidence says since time of her termination, she

is not in gainful employment as per evidence, she has 4 children from marriage with shri Shankar singh. She must be

busy with the domestic work. Ist party workman could hardly find time for any other gainful employment. Considering

above aspects, reinstatement with 50 % backwages to workman 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 Assistant Divisional Engineer (Hqr.) Central Railway, Jabalpur in terminating the

services of Smt. Anita Abraham , Ex-Khalasi w.e.f. 3-8-93 is not proper and legal.

(2)

2nd party is directed to reinstate workman with continuity in service and 50 % backwages.

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 17th December, 2015

S.O. 2368.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 112/07) 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 Rajaasthan Ltd. (

Merged in ICICI Bank) and their workman, received by the Central Government on 17/12/2015.

[No. L-12011/30/07- IR(B-I)]

VINAY KUMAR, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JABALPUR

NO. CGIT/LC/R/112/07

General Secretary,

Dainik Vetan Bhogi Bank Karmachari Sangathan,

F-1, Tripti Vihar, Opp Engineering college,

MP

…Workman

Versus

Assistant General Manager,

Bank of Rajasthan Ltd.,

Merged in ICICI Bank

Regional Office, 22, Y.N.Road,

Indore

….Management

AWARD

Passed on this 23rd day of November 2015

1. As per letter dated 14-11-07 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-

12011/30/07-IR(B-I).The dispute under reference relates to:

“Whether the action of the Assistant General Manager, Bank of Rajasthan Ltd., Regional Office, Indore in not providing

appointment to Shri Sunil Kumar Badgujar whose name was empanelled at Sl.No.2 against SC Category in the list of

selected candidates of Subordinates Staff is justified? If not, what relief the workman is entitled to get?”

2. After receiving reference, notices were issued to the parties. Ist party submitted statement of claim at Page 3/1 to

3/6. Case of Ist party is that workman Sunil Kumar Badgujar belongs to Khatique caste in SC category. He was

working as peon in 2nd party Bank in market branch. Circular dated 23-9-98 was issued as per settlement dated 3-4-81,

10-3-87. The applications were invited for filling vacant post of peon in the Bank. The educational qualification required

was 8th standard, age between 18 to 30 years. The candidates should have worked for 180 days as part time employee or

80 days full time employee. That he worked for 110 days as full time employee, submitted application on 17-10-98.

Interview were held between 15-4-99 to 17-4-99. Selected list of 17 candidates of General Secretary, 3 SC and 1 ST

were filled. Workman was included at sl.No.2 of SC Category. Vide letter dated 16-8-99, workman was informed about

his position in select list. Option of workman was called for appointment in State of Rajasthan within 15 days. Workman

was not appointed as per the select list. When he approached Regional Office, Indore, he was told by Shri Mangal Singh

Personal Officer that his option for appointment in State of Rajasthan is not required. Therefore workman did not give

his option. Workman further submits despite of his selection for peon, no appointment letter was issued to him. That

Arun Mourya, Dilip, Sunita Parmar, Devendra and Bhupendra were engaged against vacant post of peon through

security persons. On such ground, workman prays his claim for appointment in reserved category of SC be allowed.

3. 2nd party filed Written Statement opposing claim of workman. 2nd party raised objection that Shri R.Nagwanshi

so called General Secretary of Union is not competent to raise the dispute. He was dismissed form service after enquiry.

Shri R.Nagwanshi is carrying legal profession under guise of Trade Union. The reference is not tenable. Workman was

informed by letter dated 16-5-99 that post of sub staff were not vacant in MP. His option for appointment in other state

was called within 15 days. The select list as per interview in April 99 automatically lapsed after 3 years. It is not possible

to issue appointment order to the workman. Reference deserves to be rejected as Union is not competent to raise the

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THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

dispute. It is reiterated that as per letter dated 16-8-99 for filling vacant post at Pratapgarh, Udaipur, the option of

workman was called within 15 days. The option was not given by workman. Select list of 17 candidates of General

Category and 3 candidates of SC and 1 ST category was prepared. As workman failed to submit his option for

appointment in other State, no appointment order could be issued to him. The matter of Umesh Yadav is not similar. He

was not appointed on the basis of select panel. On all such ground, 2nd party prays for rejection of claim.

4. Workman filed rejoinder 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 Assistant General Manager, Bank of Rajasthan

Ltd., Regional Office, Indore (merged in ICICI Bank) in not providing

appointment to Shri Sunil Kumar Badgujar whose name was empanelled at

Sl.No.2 against SC Category in the list of selected candidates of

Subordinates Staff is justified?

In Negative

(ii) If not, what relief the workman is entitled to?”

As per final order.

REASONS

6. Term of reference pertains to denial of appointment to workman as per select list of SC category. Workman

filed affidavit of his evidence supporting his contentions in Written Statement. That he was called for interview for the

post of peon/ farrash in 15-4-99. After his interview on 17-4-99, his name was included in select list at Sl.No.2 of SC

Category. As per letter dated 16-8-99, his option was called for appointment in State of Rajasthan that he approached

Regional office at Indore, he was told that the post of peon at Indore would fall vacant within 1-2 months. He would be

posted after 1-2 months. That Umesh Yadav, candidate at sl.No. 8 of General Category was sent letter dated 16-8-99. He

had not given option as per said letter. However he was appointed as peon settling compromise on 15-12-05. Ist party

workman in his cross-examination says he was called for interview on March 99. His name was included in select list.

He denies that any post of sub staff was not vacant on 15-8-99. He denies that his option was called for appointment in

other State. He knows that Bank of Rajasthan is merged in ICICI Bank. He denies that select list lapsed after two years.

7. Document Exhibit W-1 is notice dated 23-9-98 calling applications of the candidates eligible. Exhibit W-2 is

interview call. Exhibit W-3 is select list name of workman is at Sl.No.2 of SC category. W-4 is letter dated 16-8-99

calling option of workman for appointment in State of Rajasthan within 15 days. If option not submitted accordingly, his

claim would lapse. W-5 is copy of settlement dated 7-9-99 before ALC, Bhopal. By said settlement, Amrit Lal, Jathara

peon cum farrash was appointed as fresh appointee. Exhibit W-6,7 is settlement dated 22-3-02 before ALC, Bhopal.

Manish Srivastava and Umesh Yadav were appointed as fresh appointees.

8. 2nd party filed affidavit of evidence of Shri Satish Chandra Gupta supporting contentions of the management of

2nd party. Management’s witness says select list prepared after interview lapsed after 3 years. That Ist party workman

was working as part time peon in Central Bank of India. On 15-8-99 any post of sub staff was not vacant in any branch

of the Bank in MP. The sub staff are appointed following selection process. In her cross-examination, management’s

witness says she was not posted in Regional office, Indore in 1998-99. Bipartite settlement dated 30-9-98 is not

produced. The select list prepared after interview of workman is not produced. She claims whether select list lapse after

period of 3 years was informed to workman. She claims ignorance about Manish Srivastava, Umesh Yadav, Bhupendra

Pawar were included in the select list. Presently cleaning, sweeping work in the Bank is carried through contractor. The

management’s witness was unable to tell how many candidates from select list are given appointment. She was not able

to tell whether Laxmi, Hariom etc. were resident of the State of Rajasthan.

9. The evidence on record discussed above shows that workman was selected after interview at Sl.No.2 of the select

list. He was not given appointment. Select list is not produced. Management’s witness is unable to say how many

candidates from select list were given posting. Option of workman was called for appointment in Rajasthan as per order

dated 16-8-99. The name of workman is at Sl.No.2 of SC category in Exhibit W-3. He was not given appointment by 2nd

party despite he was selected after interview. The denial of appointment to the workman after his selection is not

justified. Therefore I record my finding in Point No.1 in Negative.

10. Point No.2- In view of my finding in Point No.1 even after workman was selected, he was not given

appointment as sub staff in the Bank. Rajasthan Bank has merged in ICICI Bank is not disputed. Therefore ICICI Bank

is bound to follow the obligations of Bank of Rajasthan Ltd. which is merged in it. The evidence of workman is silent

about his non-employment. Considering said aspect, backwages claimed by workman is not justified. 2nd party however

deserves to be directed to provide appointment as sub staff as per select list of Sub staff prepared after interview between

16-4-99 to 17-4-99. Accordingly I record my finding in Point No.2.

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

(1)

The action of the management is not proper and legal.

¹Hkkx IIµ[k.M 3(ii)º

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4901

(2)

2nd party is directed to provide appointment to workman as sub staff as per select list Exhibit W-3 of

Sub staff prepared after interview between 16-4-99 to 17-4-99 within 30 days of the publication of award.

No order as to costs.

R. B. PATLE, Presiding Officer

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New Delhi, the 17th December, 2015

S.O. 2369.— In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 76/2000) of the Cent.Govt.Indus.Tribunal-cum-Labour Court No 2,

Delhi as shown in the Annexure, in the industrial dispute between the management of Syndicate Bank and their

workman, received by the Central Government on

17/12/2015.

[No. L-12011/70/2000-IR(B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM- LABOUR COURT - II, ROOM NO. 33,DELHI

Present:- Shri Harbansh Kumar Saxena

ID.No. 76/2000

The State Secretary,

Syndicate Bank Employees Union,

C/o Syndicate Bank,

Faridabad.

…Workman.

Versus

Syndicate Bank,

The Asst. General Manager,

Syndicate Bank,

6-Bhagwan Dass Road , Sarojini House,

New Delhi.

…Management.

AWARD

The Central Government in the Ministry of Labour vide notification No. L-12011/70/2000-(IR(B-II)) dated 10.07.2000

referred the following Industrial Dispute to this Tribunal for adjudication :-

“Whether the action of the management of Syndicate bank in dismissing the service of Sh. Fateh Singh, Attender vide

order dated 7.4.1998 is just and legal? If not, what relief the workman is entitled to?”

On 1.8.2000 reference was received in this Tribunal. Which was register as I.D No. 76/2000 and claimant union 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 workman/claimant filed claim statement on 9.11.2000. Through which he prayed as follows:-

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THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

It is therefore most respectfully prayed that learned Tribunal may be pleased to set aside the dismissal order dated

7.4.1998 and be further pleased to reinstate him in service with back wages and consequential benefits arising there

from.

Against claim statement management filed written statement on 15.2.2001. Through which management prayed as

follows:-

That the contents of prayer clause of the application are wrong and denied. It is submitted that the claim of the workman

is without any basis and there is no ground to set-aside the punishment awarded to the workman, as alleged. Rather, the

workman has no case at all to plead and, therefore, under the circumstances , it is prayed that the present application may

kindly be rejected and the reference may be answered in favour of the management.

ALTERNATIVE PLEA-

It is most respectfully prayed that the departmental enquiry was conducted against the workman in respect of the charges

leveled vide charge sheet dated 31.12.1996 followed by corrigendum dated 26.3.1997 and the management has filed the

enquiry proceedings before this Hon’ble Court in compliance with all the service rules, principles of natural justice. In

case this Hon’ble Court comes to the conclusion that the enquiry is not fair and proper, in that eventually it is most

respectfully prayed that this Hon’ble Court may kindly be pleased to grant permission to the management to establish the

charges leveled against the workman in the interest of justice.

Claimant on 14.6.2001 filed rejoinder. Through which he prayed as follows:-

The contents of prayer clause of the statement of claim are correct. The management’s denial of the same being wrong

not admitted. The claim of the workman is based on law as such the dismissal order so passed is liable to be set aside.

The reference as made may be adjudicated and answered in favour of the workman.

REPLY TO ALTERNATIVE PLEA-

The enquiry has not been conducted as per principles of natural justice. The enquiry so held is unfair, improper and

illegal. It is stated that the workman concerned may be allowed to lead evidence and rebuttal in case the management

bank is allowed to lead additional evidence.

Issues not famed by Ld. Predecessor. Ld. Predecessor on the basis of questions of determination mentioned in schedule

of reference.

Ld. Predecessor ordered to decide Enquiry Issue as Preliminary Issues.

On 26.5.2004 workman filed affidavit in his evidence alongwith annexed documents.

On 20.1.2005 workman tendered his affidavit alongwith annexed documents. He was cross-examined and his cross-

examination was concluded . Workman closed his evidence.

On 19.5.2005 management filed affidavit of MW1 Sh. P.K. Rastogi. On 17.11.2005, MW1 examined and cross-

examined. Management closed his evidence and 9.2.2006 fixed for arguments on Preliminary Issue but workman died on

24.5.2012. Application for substitution of LRs of deceased workman of Smt. Santosh W/o Late Sh. Fateh Singh , Ravi

Kumar, S/o deceased workman Late Sh. Fateh Singh, Km. Teena, minor daughter of deceased workman Late Sh. Fateh

Singh, represented through her natural guardian mother and Smt. Sampati Devi, Mother of deceased workman moved on

10.2.2011 allowed and aforesaid L.Rs have been substituted in place of Deceased workman Sh. Fateh Singh.

On 5.7.2012 amended cause title filed.

On 4.9.2014 Ld. A/Rs for the parties filed written arguments and I fixed 30.9.2014 for order on disposal of Preliminary

Issue .

On 30.9.14 preliminary issue on enquiry was decided by me in favour of management and against workman and I fixed

5.11.2014 for argument on point of punishment. Several dates were given to LRs for workman for arguments but neither

they came nor their Ld. A/R . Reason obvious is that written arguments filed before disposal of preliminary issue is on

record. On 8.10.2015 I heard the arguments of Ld. A/R for the management and reserve the Award.

In the light of contentions and counter contentions I perused the pleadings of the parties as well as though evidence.

Which make it crystal clear that workman Sh. Fateh Singh, was working as attendant in the bank and in his application

for seeking employment he has stated that he has passed the middle examination in 1974 from Kishore Raman Inter

College Mathura and submitted a certificate with registration No. 12624 in support of his claim. He has also stated his

education qualification the year of passing VII standard as 20.02.1974 vide his application for promotion as required

vide circular No. 137/89/BC dated 8.5.1989. Subsequently the workman submitted another certificate bearing No. 19322

dated 3.5.1995 purportedly issued by same college certifying that the workman was the regular student of VIII class in

1974 and passed the said class, however subsequently it was revealed that the certificate /mark sheet submitted by him at

the time of seeking employment were forged/false and thus he made false statement.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4903

So , workman was guilty to gross misconduct to obtain the job so conduct of workman was fraudant in this background

no sympathy is required for workman especially when he was employed in bank. Wherein employee must be of man of

integrity who may preserve the goodwill of bank and truth worthy of his conduct in dealing with the bank customers.

In this background I am of considered view that punishment provided to workman by disciplinary authority. After being

satisfy with the enquiry report by enquiry officer is just and proper. Which requires no interference u/s 11 A of Industrial

Dispute Act, 1947.

Reference is liable to be decided against workman and in favour of management and claim statement is liable to be

dismissed. Which is accordingly decided. Award is accordingly passed.

Dated:- 17/11/2015

HARBANSH KUMAR SAXENA, Presiding Officer

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New Delhi, the 17th December, 2015

S.O.2370.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.88/2013 ) of the Cent.Govt.Indus.Tribunal-cum-Labour Court Chennai as

shown in the Annexure, in the industrial dispute between the management of Chennai Port Trust and their workman,

received by the Central Government on 17/12/2015.

[No. L-33011/10/2012-IR(B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT CHENNAI

Wednesday, the 30th September, 2015

Present : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 88/2013

(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 Ennore Port Ltd. and Another and their

workman)

BETWEEN

The President

:

1st Party/Petitioner Union

Minjur Podhu Thozhilalargal Sangam

B.T.R. Ninaivagam, Athipattu Pudunagar

Chennai-600120

AND

1.

The Chairman & Managing Director

:

2nd Party/1st Respondent

Ennore Port Ltd.

Athipattu, North Madras

Chennai-600120

2.

Sri Radhakrishnan

:

2nd Party/2nd Respondent

M/s. Radiant Engineers, Contractor

Ennore Port, Athipattu

North Madras

Chennai-600120

4904

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

Appearance

For the 1st Party/Petitioner Union

:

M/s V. Ajoy Khose, Advocates

For the 2nd Party/1st Respondent

:

M/s Krishna Ravindran, Advocates

For the 2nd Party/2nd Respondent

:

M/s K.V. Shanmuganathan, Advocates

AWARD

The Central Government, Ministry of Labour & Employment vide its Order No. L-33011/10/2012-IR (B.II) dated

01.10.2013 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is:

“Whether the action of the management in denying employment to S/Sri Sasikumar, B. Rajan, M. Kader Mohideen and R.

Srikanth is fair and justified? What relief the workmen are entitled to?”

2.

On receipt of the Industrial Dispute this Tribunal has numbered it as ID 88/2013 and issued notices to both sides.

Both sides have entered appearance through their counsel and filed claim and counter statement respectively. The

petitioner has filed rejoinder in answer to the Counter Statement filed by R1 and R2.

3.

The averments in the Claim Statement filed by the petitioner in brief are these:

Chennai Port Trust is one of the major ports in India. Due to increase in cargo handling and other requirements the

Chennai Port Trust decided to construct an additional port at Ennore for Coal handling apart from normal port activities.

The port was constructed at Ennore and was commissioned in the year 1998. This became an independent establishment

in the year 2000. The Chennai Port operation and maintenance of entire electrical and allied work are carried out by

direct labour. However, in Ennore Port it was done by a dubious method. The Port Trust managed to find a name lender

and made a smokescreen arrangement to make it that the workmen employed to carry out the operation and maintenance

of electrical and allied work were employed through a Contractor. There is no registration for the port for contract labour

system or to employ contract labourers for any work. The so-called contractors including the 2nd Respondent have no

role in allotment of work or control or supervision of the work, except giving the names of workmen. The materials and

equipments required for carrying out operation and maintenance of electrical and allied work are provided by the Port

management. Electrical operation and maintenance work is a permanent and perennial work and it has to be carried out

every day throughout the year. Initially 6 workmen were employed in Ennore Port to carry out the electrical and allied

works. The number was increased to 19 in the year 2008. The workmen were paid only a meager consolidated pay which

was less than minimum wages. The workmen demanded the management of the Ennore Port to make them permanent

workmen and to extend them with all benefits available to and provided to permanent workmen of the Port. Immediately

after making this demand Sasikumar was denied employment from 15.09.2008. The remaining workmen refused to

receive salary and demanded the management to take him back in service and also demanded to make them permanent

workmen of the Port. But the Port management was not willing to do this. So, the workers raised an Industrial Dispute.

After the Assistant Labour Commissioner issued conciliation notice in the dispute B. Rajan, M. Kader Mohideen and R.

Srikant also were denied employment on 22.11.2008, 11.11.2008 and 20.11.2008 respectively. While conciliation

process was on, the Respondents took steps to terminate the service of the remaining workmen. So the Petitioner Union

filed a Writ Petition and the Hon’ble High Court granted interim injunction restraining the Respondents from terminating

the services of the other workmen and also from altering the conditions of service of workmen. The workmen by name

Sasikumar, Raja and Srikant were employed as Electricians and Kader Mohideen as Electrical Supervisor. They have

completed more than 240 days of service in each year prior to their termination. The Respondents did not follow the

principle of last come first go as provided under Section-25G of the ID Act while terminating the concerned workmen

from service. After terminating the services of the concerned workmen the Respondents have brought new persons in

their place without giving re-employment to them. The three workmen other than Sasikumar were terminated from

service during the pendency of conciliation proceedings. However, no permission was obtained by the Respondents

under Section-33(1)(A) of the ID Act before terminating their services. For this reason their termination is void and

inoperative in law. Srikant was given employment by the new Contractor on 17.08.2013. However, he was without any

employment from the date of his termination till he was given employment again. The other workmen are not gainfully

employed. An order may be passed holding that the action of the management in denying employment to the four

workmen is not fair and justified and also directing the Respondents to reinstate them with continuity of service,

backwages and other attendant benefits.

4.

The First Respondent has filed Counter Statement contending as below:

The petitioner is not a recognized Trade Union and has no locus-standi to make the claim. The four workers whose cause

the Petitioner is pursuing were not employees of the First Respondent and there was no privity of contract between them

and the First Respondent. After incorporation of Ennore Port Limited it is functioning as landlord port and is

characterized by its mixed public-private orientation. The operation and maintenance of electrical sub-station and other

electrical systems were outsourced on contract basis since the Port operates under the public-private partnership on

Build, Operate and Transfer basis. The contract for the electrical operation and maintenance work was awarded through

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4905

tender to different contractors at different periods. The Ennore Port Trust is neither directly nor indirectly employing

contract labourers. The same is being carried out through outsourcing to different agencies. The electrical maintenance

work at port is outsourced. The work is within the port premises and the port authorities oversee their work performed by

the outsourced agency. The electrical maintenance work in the port is work of perennial nature but these facts will not

make the port an employer. The contractor is engaging the employees and is executing the allotted work. The First

Respondent is not aware of the denial of employment to Sri Sasikumar until it received a notice from the Assistant

Labour Commissioner. It was not aware of the denial of employment to other workers concerned also. As per the records

available with the First Respondent Rajan, Kader Mohideen and Srikant have left the service of the Second Respondent

since October 2008 itself. It is informed that Srikant has been employed with the outsourcing agency who came in after

the period of Second Respondent expired. The name of Sasikumar is not available in the list of employees mentioned in

the Writ Petition. The First Respondent is not aware nor responsible for the alleged termination of the workmen. The

petitioner is not entitled to any relief.

5.

The Second Respondent has filed Counter Statement contending as below:

The petitioner has no locus-standi to raise the dispute. The Claim Statement does not state when the concerned workmen

had joined the Union. The Second Respondent was awarded the contract for manning, operating and maintaining the

sub-stations, electrical system, water pump houses and other electrical installations at Ennore Port for the first time in the

year 2007 for the period from 01.07.2007 to 30.06.2010 by the First Respondent. The contract was extended again and

again. However, for the period from 01.08.2013 to 31.10.2014 contract was not awarded to the Second Respondent.

Pursuant to the award of contract the Second Respondent had engaged electricians, helpers and relievers numbering 19 in

the year 2007. The workers concerned in this dispute were engaged by the Second Respondent and they worked under

the supervision of the Second Respondent. The averments made in the Claim Statement to the contrary is not correct.

The area of operation of Second Respondent is limited. The work of the Second Respondent is not even remotely

connected to the main business activities of the Port namely cargo handling. The Central Government has not prohibited

engagement of contract labours for the maintenance and operation of electrical installations in the Port. The allegation in

the Claim Statement that Sasikumar was denied employment w.e.f. 15.09.2008 is not correct. This workman had left the

service of the Second Respondent from 15.03.2008 when he was asked to furnish proof regarding the renewal of “B”

license issued to him. He had left when the Second Respondent proposed to initiate disciplinary action against him.

Kader Mohideen was employed by the Second Respondent electrical Supervisor as he was possessing “C” license. He is

not a workman. He was supervising the work of electricians and helpers who were working under him. Since he was not

a workman, the dispute raised by the Union with regard to the alleged termination is not maintainable. It is incorrect to

state that he was denied employment w.e.f. 11.11.2008. It is also incorrect to state that Rajan and Srikanth were denied

employment respectively w.e.f. 22.11.2008 and 20.11.2008. Rajan had absented from duty w.e.f. 11.11.2008 without

intimation to the Second Respondent. He had left the service when it was detected that he was not possessing “B” license

as claimed by him. Srikanth did not turn up for work w.e.f. 06.11.2008. He never made any representation stating that

employment was denied to him. Since the employees left service on their own there is no question of obtaining

permission under Section-33(1)(A) of the ID Act. Srikanth had subsequently secured employment with Prumatech

Services Pvt. Ltd. The concerned workmen are not entitled to any relief.

6.

The petitioner has filed rejoinder denying the allegations in the Counter Statement and reiterating the case in the

Claim Statement.

7.

The evidence in the case consists of oral evidence of WWs 1 and 2 and MWs 1 and 2 and documents marked as

Ext.W1 to Ext.W15 and Ext.M1 to Ext.M13.

8.

The points for consideration are :

(i)

Whether the Respondents have denied employment to the concerned workmen? Denial of employment, if any is

justified?

(ii)

What, if any is the relief to which the workmen are entitled?

The Points

9.

The petitioner union has raised the dispute on behalf of four workmen by name Sasikumar, Raja, Kader Mohideen

and Srikanth who were doing the work of electrical installation at Ennore Port. The case of the petitioner is that all these

workmen were illegally denied employment by the Respondents. Sasikumar is said to have been denied work when

himself and his colleagues demanded to make them permanent and to extend them with the benefits available to the

permanent workmen. The other three workmen are said to have been terminated after industrial dispute was raised

consequent to the termination of Sasikumar. The prayer of the petitioner in the Claim Statement is “to pass an award

holding that the action of the management in denying employment to M/s Sasikumar, Raja, Kader Mohideen and

Srikanth is not fair and justified and consequently directing the Second Party to reinstate them with continuity of service,

backwages and all other attendant benefits”.

10.

In the Claim Statement it is contended by the petitioner that the operation and maintenance of electrical and allied

work at Ennore Port was done through dubious method by showing the workers as contract labourers. It is stated that the

4906

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

work done by the concerned workmen are permanent and perennial in nature and contract labour cannot be resorted to

for this purpose. It is further stated in the Claim Statement that the entire work was being carried out by the Port and it

was supervising the entire work and the duty of the Contractor was only to furnish the names of workmen. It is not

specifically stated in the Claim Statement who had employed the concerned workmen and it is not specified against

whom relief is sought.

11.

At the stage of argument the counsel for the petitioner had endorsed in the Claim Statement that “without prejudice

to and with liberty to advance arguments that R1 is our employer and the so-called contract labour system is sham and

nominal in ID 90/2015 regarding regularization and absorption of workers including the workmen, we now

confine the relief in this dispute against R2”. In view of this endorsement there is no necessity in this dispute to consider

the contention of the petitioner that the contractor is only a name lender and the concerned workmen are working for the

First Respondent itself. The only question now to be considered is whether the concerned workmen are entitled to be

reinstated in the service of the Second Respondent.

12.

So far as worker Srikanth is concerned, he has subsequently been re-employed. He was given employment by

Prumatech Services Pvt. Ltd. when they were having the contract. The contract seems to have been given to the Second

Respondent again and now Srikanth is under the employment of the Second Respondent. He having been reinstated in

service already, there is no necessity to consider the issue raised on his behalf.

13.

So far as Kader Mohideen, one of the workman is concerned, the contention raised by the Second respondent is

that he is not a workman coming under the definition of Section-2(S) of the ID Act as he was working as a Supervisor

and not as a workmen. Apart from stating so specifically in the Counter Statement MW2 examined on behalf of the

Second Respondent has given evidence to this effect. The concerned workman himself has not come forward to deny this

contention of the Second Respondent or to prove that he is actually a workman though he is working as a Supervisor.

Out of the four workmen concerned, one workman by name Rajan has given evidence. Even in the Claim Statement it is

stated that Kader Mohideen was working as Electrical Supervisor. During cross-examination as WW2 Rajan also

admitted that Kader Mohideen was working as Supervisor and his work was to supervise and monitor the work of the

workmen. So there is sufficient evidence to show that Kader Mohideen was working in supervisory capacity and not as a

workman. So, the petitioner has no locus-standi to raise dispute on behalf of Kader Mohideen before this forum. So the

claim for reinstatement on behalf of Kader Mohideen is to be rejected at the outset itself.

14.

Now it is to be seen whether Sasikumar and Rajan the two remaining workmen are entitled to be reinstated in the

service of the Second Respondent. The Second Respondent has admitted in the Counter Statement that these two

workmen as well as the other workmen who are doing the work of electrical operation and maintenance were engaged by

them. So, if any reinstatement is to be done, it should be by the Second Respondent.

15.

The case that is advanced on behalf of the Second Respondent is that all the concerned workmen have abandoned

their work. Regarding Sasikumar, it is stated that he failed to bring the updated license and he defected from service

when disciplinary proceedings was about to be taken against him. However, as pointed out by the counsel for the

petitioner the Second Respondent has not taken any proceedings against Sasikumar for not producing the license or for

his alleged unauthorized absence. The specific case of the petitioner is that demand for permanency was raised and

Sasikumar was terminated on account of this. The Second Respondent has not taken any proceedings against Sasikumar

for his unauthorized absence. No Charge Memo was issued to him nor any enquiry made. Soon after the alleged

abandonment, dispute is seen raised also. So it is clear that it could not have been a case of abandonment of service. So,

he is entitled to be reinstated in service.

16.

So far as Rajan and other workmen are concerned, they were allegedly denied work after dispute was raised.

Though the case of abandonment is set up against Rajan also there is no disciplinary proceedings against this workman

as well. It is clear that this workman was prevented from work after the dispute was started. The Second Respondent did

not obtain any permission from the Conciliation Officer before work was denied to him. So this workman is also entitled

to be reinstated in service.

17.

The counsel for the petitioner has stated that the workmen are not particular on backwages. Considering the

circumstances, I am not inclined to grant backwages. However, the workmen will be entitled to continuity of service and

other benefits.

In view of my discussion above, an award is passed as below:

The Second Respondent shall reinstate S/Sri Sasikumar and B. Rajan in service within a month of the publication of the

award with continuity of service and other attendant benefits.

The reference is answered accordingly.

(Dictated to the P.A., transcribed and typed by him, corrected and pronounced by me in the open court on this

30th September, 2015)

K. P. PRASANNA KUMARI, Presiding Officer

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4907

Witnesses Examined:

For the 1st Party/Petitioner

:

WW1, Sri K. Vijayan

WW2, Sri B. Rajan

For the 2nd Party/Management

:

MW1, Sri P. Radhakrishnan

MW2, Sri R. Lingaiah

Documents Marked :

On the petitioner’s side

Ex.No.

Date

Description

Ext.W1

-

Identity Card issued by the 2nd Party Management to the

Petitioners

Ext.W2

07.10.2008

2(K) Petition filed before the Assistant Labour

Commissioner (Central)

Ext.W3

12.12.2008

Order in M.P. No. 1/2008 in W.P. No. 29473/2008

Ext.W4

12.12.2008

Letter given by the concerned workmen to the 2nd Party

(series)

Ext.W5

19.12.2008

Legal notice given by the 1st Party to the 2nd Party

Ext.W6

23.03.2009

Conciliation Notice

Ext.W7

08.04.2009

Conciliation Notice

Ext.W8

25.04.2009

Letter given to the Assistant Commissioner of Labour

(Central)

Ext.W9

08.05.2009

Reply filed by the 2nd party before the Assistant

Commissioner of Labour (Central)

Ext.W10

23.04.2013

Order in MP No. 1/2013 in WP No. 11858/2013

Ext.W11

30.11.2001

Registration Certificate of the 1st Party Union

Ext.W12

-

Subscription Receipt

Ext.W13

-

Electrical Maintenance Log Sheet from 01.01.2006 to

31.12.2006 and from 01.01.2007 to 22.07.2007 (In 2

volumes separately filed)

Ext.W14

-

Map showing the area of Electrical Maintenance Work in

Ennore Port

Ext.W15

19.08.2014

Order in WP No. 29437/2008

On the Management’s side

Ex.No.

Date

Description

Ext.M1

17.06.2013

Tender for Manning, Operating and Maintaining the

Electrical Systems, Water Pump houses and other

electrical installations at Ennore Port”

Ext.M2

10.06.2008

Information received from T.N.E.L.B.

Ext.M3

21.05.2008

Information sought from T.N.E.L.B. by the 2nd Opposite Party

Ext.M4

12.01.2015

Website advertisement given by T. Sasikumar with

regard to his battery shop

Ext.M5

-

Contract (2011 to 2013) awarded by Ennore Port Ltd. to

M/s Radiant Engineers

Ext.M6

-

Contract (2007 to 2011) awarded by Ennore Port Ltd. to M/s Radiant Engineers

Ext.M7

01.07.2007 to

Log Book 2007

05.10.2007

Ext.M8

10.10.2007 to

Log Book 2007

10.01.2008

Ext.M9

12.01.2008 to

Log Book 2008

16.04.2008

Ext.M10

23.04.2008 to

Log Book 2008

4908

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

24.07.2008

Ext.M11

25.07.2008 to

Log Book 2008

01.11.2008

Ext.M12

02.11.2008 to

Log Book 2008

24.01.2009

Ext.M13

14.11.2014

Contract awarded by the 1st Opposite Party to the 2nd Opposite Party

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New Delhi, the 17th December, 2015

S.O. 2371.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 55/2014 ) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Chennai as shown in the Annexure, in the industrial dispute between the management of Indian Bank and their

workman, received by the Central Government on 17/12/2015.

[ No. L-12012/34/2014-IR(B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL- CUM - LABOUR COURT

CHENNAI

Friday, the 9th October, 2015

Present : K.P. PRASANNA KUMARI,

Presiding Officer

Industrial Dispute No. 55/2014

(In the matter of the dispute for adjudication under clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of the

Industrial Disputes Act, 1947(14 of 1947), between the Management of Indian Bank and their workman)

BETWEEN

Smt. I. Maghee

:

1st Party/Petitioner

AND

The Zonal Manager

:

2nd Party/Respondent

Indian Bank, HRM Department

Zonal Office, 359, Dr. Nanjappa Road

Coimbatore-641018

Appearance:

For the 1st Party/Petitioner

:

Sri V. Ajoy Khose, S. Manogaran, Advocates

For the 2nd Party/Respondent

:

M/s Aiyar & Dolia, Advocates

AWARD

The Central Government, Ministry of Labour & Employment vide its Order No. L-12012/34/2014-IR(B.II)

dated 01.07.2014 referred the following Industrial Dispute to this Tribunal for adjudication.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4909

The schedule mentioned in that order is:

“Whether the action of the management of Indian Bank, M. Palada Village & Post and Zonal Office, Coimbatore in

terminating the services of Smt. I. Maghee without following the principles of natural justice and provisions of

Sec.25 F of Industrial Disputes Act, 1947 is justified? What relief is the workman entitled to?”

2.

On receipt of the Industrial Dispute this Tribunal has numbered it as ID 55/2014 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 are as below:

The petitioner had been working as Sub-Staff in the Respondent Bank from 02.07.2007. She had been

discharging her duties efficiently and obediently. She had been receiving her daily wages through her SB Account in the

same branch. The Branch Manager had directed her to go on leave for 20 days due to inspection work in the Bank. She

was assured that she can join duty after expiry of the leave. However, when she reported for duty after expiry of 20 days,

on 24.01.2011, the Branch Manager refused employment to her stating that her services were terminated with effect from

that date. She was not given any order in writing. She submitted a letter to the Branch Manager on 01.03.2011 requesting

to provide work. He informed that her request was conveyed to the Zonal Officer. Thereafter the petitioner had sent

several representations to the Respondent requesting to provide work to her. But these did not yield any result. The

dispute is raised accordingly. An award may be passed holding that the action of the Respondent in dismissing the

services of the petitioner by oral termination on 24.01.2011 is unjustified and also directing the Respondent to reinstate

her with continuity of service and other attendant benefits.

4.

The Respondent has filed Counter Statement contending as follows:

The dispute is not maintainable as there is no employer-employee relationship between the petitioner and the

Respondent. The petitioner was engaged as casual labour on daily wage basis as and when need arose and as per

requirements and that also on limited days and for a limited period of time. The petitioner was engaged for cleaning the

branch premises only. As the engagement was on casual basis there was no question of termination as alleged by the

petitioner. The petitioner is not entitled to any relief.

5.

The evidence in the case consists of oral evidence of WW1 and Ext.W1 to Ext.W18. No evidence either oral or

documentary was adduced on the side of the Respondent.

6.

The points for consideration are:

(i)

Whether the action of the Respondent in terminating the service of the petitioner is without any justification?

(ii)

What, if any is the relief to which the petitioner is entitled?

The Points

7.

The petitioner has claimed that she has been working as Sub-Staff in the Respondent Bank from 02.07.2007 on

daily wages and continued to work so until 24.01.2011 on which date she was allegedly terminated from the service of

the Bank. The petitioner has claimed that her termination having been illegal she is entitled to be reinstated in service

with backwages and all other benefits.

8.

It is not disputed by the Respondent that the petitioner used to be engaged by it. However, the case of the

Respondent is that it was only as casual labour on daily wage basis and that also only when required. According to the

Respondent because of such engagement there was no employer-employee relationship between the petitioner and the

Respondent and therefore the petitioner is not entitled to any relief.

9.

The petitioner has given evidence as WW1 and has filed Affidavit in lieu of Chief Examination to prove her case.

In her affidavit she has repeated her case in the Claim Statement. She has stated that as Sub-Staff she had been

doing works like stitching vouchers, carrying files, arranging the files in order, collecting cash from the local banks,

remitting electricity and telephone bills, taking copies of documents, bundling the currency notes, canvassing the women

from Self-Help Groups and encouraging them to open new accounts in the branch, cleaning the bank premises, preparing

hot water and tea for the staff and also carrying out other sundry work.

10.

Apart from the oral evidence given by the petitioner, the other evidence available to establish engagement of the

petitioner by the Respondent are the statements of the bank account of the petitioner marked as Ext.W1 to Ext.W3. The

petitioner has stated in her claim Statement as well as her Affidavit that she had been receiving her wages through her

SB account which she is operating in the same branch. The statements of account maintained at M. Palada Branch would

reveal that amount used to be remitted to the account of the petitioner under the head “Office Cleaning Charges”, etc.

The first such remittance is seen done on 11.03.2009 for an amount of Rs. 200/- towards cleaning charges for two days.

The next remittance specifying that it is towards cleaning the branch is on 24.06.2009 and the amount is Rs. 100/-.

Thereafter continuous remittance @ Rs. 100/-, Rs. 200/- and Rs. 300/- is seen made. It could be made out from the

remittance that the amount that was paid per day was Rs. 100/- and the total amount remitted depended on days for

which remittance was made. The last such remittance is seen made on 31.12.2010 under the head “Casual Work

4910

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

Charges”. Even though remittance is not by the Bank almost on all other days small remittances of Rs. 100/- and

Rs. 200/- in cash are seen made. There is remittance by the Bank itself through voucher but without specifying that the

remittance is towards cleaning charges. However, the amounts remitted is mostly Rs. 100/-, and almost daily.

11.

The counsel for the Respondent has been arguing that apart from the statement of accounts marked as Ext.W1 to

Ext.W3 no other documents are available to prove that the petitioner has been continuously working in the Bank. It was

argued on behalf of the Respondent that no evidence is available to show that the petitioner has worked for 240 days

continuously preceding the date of termination i.e. 24.01.2011 and therefore she is not entitled to reinstatement.

12.

It has been pointed out by the counsel for the petitioner that the petitioner has produced whatever documents

available with her and she has discharged her initial burden of proving that she had worked with the Bank for more than

240 days. Certainly, the petitioner who is only a daily wager could not be expected to have any other documents with her

regarding her engagements by the Bank especially because payment to her was mostly made by remittance to her

account. Even as seen from the statement of accounts it is clear that the petitioner has been continuously working with

the Respondent for a considerable period at least from 11.03.2009 on which date the first remittance by way of cleaning

charges is seen made as per Ext.W1. Thus, it could be seen that the petitioner has discharged her initial burden of

proving that she was continuously engaged by the Bank. The Apex Court has held in DIRECTOR, FISHERIES

TERMINAL DEPARTMENT VS. BHIKUBHAI MEGHAJIBHAI CHAVDA reported in 2001 1 SCC 47 that once the

workman has given evidence the burden of proof shifts to the employer to prove that he did not complete 240 days of

service in the requisite period to constitute continuous service. The Apex court has observed that the workman would be

having difficulty in accessing all the official documents, muster rolls, etc. in connection with his service and he could not

be found fault with for not producing those documents. On the other hand if the initial burden is discharged by the

petitioner, it was upto the Respondent/Employer to produce all those documents that were available with the Bank and

prove that the case put forth by the petitioner is wrong and she has not actually worked for more than 240 days prior to

the date of her termination. The nonproduction of any documents by the Respondent to disprove the case put forth by the

petitioner calls for an adverse inference. The case of the petitioner that she had been continuously working with the

Respondent is to be accepted.

13.

Now the question is whether the petitioner is entitled to the relief of reinstatement as claimed by her. It is apparent

that the petitioner was thrown out of service without compliances of Section-25(F) of the Industrial Disputes Act. The

counsel for the Respondent has been arguing for the position that in any case the petitioner would be entitled to

compensation only and not for the relief of reinstatement even if it is found that she was in continuous employment of

the Respondent. The counsel has referred to two decisions of the Apex court in this respect. In the decision in BHARAT

SANCHAR NIGAM LTD. VS. MAN SINGH AND OTHER CASES reported in 2012 1 SCC 558 it has been held that

although the termination was in violation of Section-25(F) of the Act an award of reinstatement should not be passed in

case of the workman engaged as daily wager and had merely worked for more than 240 days. The Apex Court directed

payment of compensation rather than giving the relief of reinstatement in service. In the decision in ASSISTANT

ENGINEER, RAJASTHAN DEVLEOPMENT CORPN. AND ANOTHER VS. GITAM SINGH reported in 2013 5

SCC 136 also it was held that a distinction should be drawn between daily rated worker and worker holding regular post

and direction for reinstatement of a worker who worked for a short period of 240 days suffered from serious infirmity

and set aside the award and directed payment of compensation.

14.

The counsel for the petitioner has referred to two decisions of the Apex Court wherein reinstatement was ordered

on retrenchment without compliance with Section-25(F) of the ID Act. He has referred to the decision in DEEPALI

GUNDU SURWASE VS. KRANTI JUNIOR ADHYAPAK MAHAVIDYALAYA AND OTHERS reported in 2013 10

SCC 324 and also DURGAPUR CASUAL WORKERS UNION AND OTHERS VS. FOOD CORPORATION OF

INDIA AND OTHERS reported in 2015 5 SCC 786 in this respect. However, there is a distinction that in the earlier case

the workman was a permanent employee and in the latter one the workmen were directed to be regularized as they were

found to be employed resorting to unfair labour practice. However, in the recent decision in AJAYPAL SINGH VS.

HARYANA WAREHOUSING CORPORATION reported in 2015 6 SCC 321 the Apex Court has held that

reinstatement itself is the relief to be given. It was a case where the employee had completed more than 240 days of

service in the preceding calendar year but his services were terminated without prior notice or pay in terms of Section-

25(F) of the Industrial Disputes Act. The Industrial Tribunal had ordered reinstatement of the employee. This order was

set aside by the High Court and confirmed in appeal. The Apex Court observed that the provisions under Section-25(F)

of the Industrial Disputes Act make it mandatory that in order to retrench a workman who had been in continuous service

for not less than one year in industry the employer needs to give a month’s notice or pay the workman and wages for the

period of notice. The order for reinstatement by the Industrial Tribunal was restored by the Apex Court.

15.

The petitioner has stated that she was thrown out of service only to accommodate a person in whom the Branch

Manager was interested. She has specifically stated in the Claim Statement as well as in the Affidavit that after she was

thrown out of service the Branch Manager had inducted one Karthik in whom he was interested, in her place. She has

stated in her cross-examiantion that Karthik is still working in the Bank and she used to see Karthik going to work in the

Bank daily. This specific evidence given by the petitioner is not contradicted by the Bank by adducing any oral or

documentary evidence. So this case of the petitioner that immediately after she was sent away another person was

substituted is to be accepted. It is clear from this also that the work that was done by the petitioner was continuous in

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4911

nature and she was doing the work regularly. The petitioner has stated in her Claim Statement as well as during her

evidence that she has given innumerable representations seeking reinstatement. She has produced the relevant documents

also. Ext.W18 contains several acknowledgment cards received by the petitioner on sending her representations to

different authorities including the Regional Manager, the Zonal Manager, etc. So there is violation of Section-25(H) of

the Industrial Disputes Act also. In the case of Ajaypal Singh referred to earlier the Apex Court has held that Section-

25(H) is couched in wide language and is capable of application to all retrenched workman and not merely those covered

under Section-25(F). Retrenched workman shall be given preference over other persons if the employer proposes to

employ any person, it has been held. So it is not mere compensation to which the petitioner is entitled but reinstatement

itself. However, her entitlement for backwages is restricted to 50%.

16.

Accordingly, the Respondent is directed to reinstate the petitioner in service within a month of the publication of

the award with 50% backwages at the prevalent rate, also payable within a month of the publication of the award. In

default of payment the Respondent shall pay interest @ 9% per annum from the date of the award.

The reference is answered accordingly.

(Dictated to the P.A., transcribed and typed by him, corrected and pronounced by me in the open court on this

9th October, 2015)

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner

:

Smt. I. Maghee

For the 2nd Party/Management

:

None

Documents Marked :

On the petitioner’s side

Ex.No.

Date

Description

Ext.W1

28.05.2008

Statement of petitioner’s account

Ext.W2

From 31.03.2009

Statement of petitioner’s account

Ext.W3

From 14.12.2009

Statement of petitioner’s account

Ext.W4

01.03.2011

Representation to the Manager, Indian Bank

Ext.W5

07.03.2011

Representation to the Regional Manager, Indian Bank

Ext.W6

26.03.2011

Representation to the Regional Manager

Ext.W7

01.04.2011

Representation to the Zonal Office

Ext.W8

27.04.2011

Representation to the Regional Manager

Ext.W9

20.09.2011

Representation to the District Collector, Ooty, Nilgiris

Ext.W10

15.10.2011

Representation to the Ombudsman

Ext.W11

08.11.2011

Complaint against Indian Bank to the Reserve Bank of India

Ext.W12

22.11.2011

Representation to the Managing Director, Indian Bank, Chennai

Ext.W13

31.05.2012

Representation to the DGM (Admn.), Indian Bank, Coimbatore

Ext.W14

25.04.2013

Petition filed under 2(A)(i) of ID Act against termination of service

Ext.W15

17.12.2014

Rejoinder filed by the petitioner before the Asstt. Commissioner of Labour,

Madurai

Ext.W16

21.02.2014

Failure Report

Ext.W17

10.07.2014

Order of Reference for Adjudication

Ext.W18

-

Acknowledgement Card in Representations

dated 01.03.2011, 26.03.2011, 27.04.2011,

15.10.2011 and 21.11.2011

On the Management’s side

Ex.No.

Date

Description

_________________Nil_______________________

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4912

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

New Delhi, the 17th December, 2015

S.O.2372.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.119/2015 ) of the Cent.Govt.Indus.Tribunal-cum-Labour Court Chennai

as shown in the Annexure, in the industrial dispute between the management of Andhra Bank and their workman,

received by the Central Government on 17/12/2015.

[No. L-12011/53/2015-IR(B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

CHENNAI

Tuesday, the 24th November, 2015

Present : K. P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 119/2015

(In the matter of the dispute for adjudication under clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of the

Industrial Disputes Act, 1947(14 of 1947), between the Management of Andhra Bank and Another and their workman)

BETWEEN

The General Secretary

:

1st Party/Petitioner Union

Andhra Bank Employees Union

227, Angappa Naicken Street

Chennai-600001

AND

1. The Zonal Manager

:

2nd Party/1st Respondent

Andhra Bank Zonal Office

Chennai-600001

2. The Branch Manager

:

2nd Party/2nd Respondent

Andhra Bank, Sholinganallur Branch

Plot No. 13/14, Medavakkam High Road

Sholinganallur

Chennai-600119

Appearance:

For the 1st Party/Petitioner

:

Absent

For the 2nd Party/1st & 2nd Respondent

:

Absent

AWARD

The Central Government, Ministry of Labour & Employment vide its Order No. L-12011/53/2015-IR (B.-II) dated

24/31.08.2015 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is:

“Whether the demand of the union in seeking regularization of the services of Sri Suresh at Sholinganallur Branch

by the management of Andhra Bank is justified? If not, to what relief is the concerned workman entitled?”

2.

On receipt of Industrial Dispute this Tribunal has numbered it as ID 119/2015 and issued notices to both sides.

3.

Though the petitioner has received notice he has not entered appearance or filed any Claim Statement. The

Respondents also have remained absent in spite of receipt of notice.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4913

4.

What is to be assumed from the refusal of the petitioner to enter appearance and prosecute the proceedings is that

he is not interested in pursuing the dispute. In the absence of any material in support of the dispute, the reference has to

be answered against the petitioner.

In the result the reference is answered against the petitioner. An award is passed accordingly.

(Dictated to the P.A., transcribed and typed by him, corrected and pronounced by me in the open court on this day the

24th November, 2015)

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_______________________________

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izkIr gqvk FkkA

[la- ,y&12012/91/2014-vkbZ vkj (ch-II)]

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New Delhi, the 17th December, 2015

S.O. 2373.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 27/2015 ) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Chennai as shown in the Annexure, in the industrial dispute between the management of Canara Bank and their

workman, received by the Central Government on 17/12/2015.

[No. L-12012/91/2014-IR(B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL- CUM - LABOUR COURT CHENNAI

Tuesday, the 24th November, 2015

Present : K. P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 27/2015

(In the matter of the dispute for adjudication under clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of the

Industrial Disputes Act, 1947(14 of 1947), between the Management of Canara Bank and their workman)

BETWEEN

Sri S. Gururaghavendran

:

1st Party/Petitioner

4914

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

AND

The Deputy General Manager

:

2nd Party/Respondent

Canara Bank, H.R.M. Section, Circle Office

No. 524, Anna Salai, Teynampet

Chennai-600018

Appearance:

For the 1st Party/Petitioner

:

M/s S. Mohan, M. Peer Mohammed, Advocates

For the 2nd Party/Management

:

Sri P. Amritraj, Advocate

AWARD

The Central Government, Ministry of Labour & Employment vide its Order No. L-12012/91/2014-IR (B.II) dated

17/23.02.2015 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is:

“Whether the action of the management of M/s Canara Bank regarding termination of the service of the petitioner Sri S.

Gururaghavendran is justified or not? What relief the workman is entitled to?”

2.

On receipt of the Industrial Dispute this Tribunal has numbered it as ID 27/2015 and issued notice to both sides.

Both sides have entered appearance through their counsel and filed claim and counter statement respectively. The

petitioner has filed rejoinder in answer to the Counter Statement filed by the Respondent.

4.

The averments in the Claim Statement filed by the petitioner are as below:

The petitioner had started to work with the Respondent as a Daily Wager on 30.03.1990 at Dharmapuri Branch. He was

absorbed as Probationary Peon on 14.07.1993 and was confirmed in service after probationary period of 6 months. The

petitioner, his wife and his brother’s family were living at Dharmapuri as joint family. The brother of the petitioner

incurred loss in his business and creditors started to issue threats to his life. Then they started to threaten the petitioner

and his wife also. During February 2001 the petitioner and the members of his joint family left Dharmapuri as they were

unable to bear the burden of mounting debts. He was at Tirupati for some time and thereafter at Bangalore His mother

fell ill in January 2002 and had to be taken care of till 2011 when she breathed her last. In the meanwhile the brother of

the petitioner came to be in a position to face his creditors with confidence. The petitioner approached the Branch in

which he worked hoping that he could continue his service at the Branch. The petitioner came to know from the Branch

that he was deemed to have voluntarily vacated his employment with the Bank. The petitioner gave a representation to

the DGM, HRM Section, Coimbatore requesting for his re-absorption as Peon. He received a reply dated 14.06.2012

stating that he had been issued with two charge sheets for unauthorized absence from 14.02.2001 and was imposed with

the punishment of censor and stoppage of increment for a period of one year with cumulative effect on 30.03.2002 and

30.06.2004 respectively. The petitioner also came to know that Bank had once again issued charge sheet and after

conducting an enquiry had imposed the punishment of dismissal from service on the petitioner on 30.12.2005. The

petitioner filed an appeal to the Appellate Authority explaining the reasons for his long absence. However, the appeal

was rejected. The dispute is raised accordingly. There is no justification for the punishment of dismissal of petitioner

from service. The petitioner is entitled to be reinstated in service with continuity of service and all monetary and

attendant benefits with backwages.

5.

The Respondent has filed Counter Statement contending as below:

The petitioner was imposed with the punishment of dismissal from service, after due compliance with the

disciplinary rules, for his long unauthorized absence of more than 5 years, the petitioner made representation to the Bank

after lapse of 6 years from the date of imposition of the punishment. The reference has been made after 10 years from the

date of cause of action. The petitioner was in the habit of remaining absent unauthorizedly since February 2001. He was

issued three charge sheets for absenting from duty unauthorizedly without any leave. The charge sheet dated 08.11.2001

was issued on the petitioner for his unauthorized absence from duty from 14.02.2001 to 12,06.2001. After enquiry he

was found guilty and the punishment of censure was imposed on him. Even after this the petitioner continued his

unauthorized absence affecting the functioning of the Branch. A charge sheet dated 17.12.2003 was issued to him for his

unauthorized absence from duties from 13.06.2001 to 23.09.2003. He was found guilty of the charges and punishment of

stoppage of one increment for a period of one year without cumulative effect was imposed on the petitioner. The

petitioner still did not attend office. Though he was instructed to report for duties by letters dated 23.04.2004 and

05.05.2004, he did not report for duty. Communications sent to his address were returned with the remark “No such

¹Hkkx IIµ[k.M 3(ii)º

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4915

addressee”. The petitioner had been unauthorizedly absent from duty continuously for a period of over 5 years and did

not show any interest in attending office. So the punishment of dismissal imposed on the petitioner is fully justified. The

petitioner is not entitled to any relief.

6.

The petitioner has filed rejoinder in answer to the Counter Statement.

In the rejoinder he has contended that notice has not been issued to him in his correct address before enquiry is

conducted against him and so enquiry was in violation of principles of natural justice. The petitioner has also denied the

allegations made in the Counter Statement.

7.

Since the petitioner has contended that the domestic enquiry against him was not conducted in accordance with the

principles of natural justice and is therefore vitiated, this issued was considered as a Preliminary Issue. This Tribunal has

found on the issue that the domestic enquiry was not held in a fair and proper manner. Consequently the Respondent was

allowed to justify his action of dismissal of the Respondent from service, before this Tribunal.

8.

The Respondent, in justification of its action, has examined MW1 and marked Ext.M1 to Ext.M14. The petitioner

has examined himself as WW1 and marked Ext.W1 to Ext.W7 on his side.

9.

The points for consideration are:

(i)

Whether the action of the management in terminating the petitioner from service is justified?

(ii)

What, if any is the relief to which the petitioner is entitled?

The Points

10.

The petitioner had started to work with the Respondent in its Dharmapuri Branch as a Daily Wager. He was

absorbed in service as a Probationary Peon and had continued to work in the same branch until he absented himself from

the branch from February 2001.

11.

The petitioner seems to have been absent from the Bank without any information to the bank from 14.02.2001. On

20.07.2001 the Bank had issued Ext.M1 proceedings in which it is stated that the period of absence of the petitioner for

119 days from 14.02.2001 to 12.06.2001 is treated as leave on loss of pay. Ext.M2 is the charge sheet issued on

08.11.2011 for absence of the petitioner from 14.02.2001 to 12.06.2001. Ext.M3 is the proceedings by which the

petitioner was censured for the absence. Ext.M4 is another proceedings regarding the absence of the petitioner from

14.02.2001 to 15.11.2002 for a period of 640 days. This period is also treated to be on loss of pay. Ext.M5 is the charge

sheet for unauthorized absence of the petitioner from 14.02.2001 to 12.06.2001. Against this charge Ext.M6 proceedings

was issued stopping one increment of the petitioner for a period of one year without cumulative effect. There are

communications to the petitioner subsequent to the proceedings but which did not reach the petitioner since he was not in

the address that was furnished by him to the Bank. Subsequently, the Bank seems to have attempted to communicate

with him in another address based on some information that he is in this address. However, this communication also did

not reach him. It is mainly because the communications regarding enquiry did not reach the petitioner the domestic

enquiry was found to be against the principles of natural justice.

12.

Ext.M13 is the last charge sheet that was prepared against the petitioner. In this charge it is alleged that the

petitioner has been taking leave indiscriminately in utter disregard of leave rules. It is further stated that earlier he had

remained unauthorizedly absent from duty from 14.02.2001 to 23.09.2003 and the absence of 952 days have been treated

as absence without leave and on loss of pay and the punishments of censure and stoppage of one increment had been

imposed on him. It is further stated that he continued to remain absent from 24.09.2003 without giving proper intimation

and without submitting any application for leave and he had committed gross misconduct as per the regulations of

Canara Bank Service Code. It is after enquiry conducted on the charges as per this charge sheet the punishment of

dismissal from service was imposed on the petitioner. This Tribunal has found the enquiry vitiated for want of

compliance with the principles of natural justice and the Respondent has adduced evidence before this Tribunal to

substantiate the case.

13.

MW1, an Officer of the Respondent Bank has reiterated the case of the bank that the petitioner was in

unauthorized absence from duty from 14.02.2001. In fact it is an admitted fact that the petitioner had not been attending

duty from the middle of February 2001. He had remained absent throughout after this and had represented to the Bank

only in February 2012 requesting for re-absorption. The petitioner, apart from stating in his Claim Statement, has stated

during his cross-examination also that he has not attended the branch from 14.02.2001 to 19.10.2004. He has further

admitted that he has given a representation to the Bank only on 06.02.2012. After 14.02.2001 he was not having any

communication with the Bank for a period of 11 years, he has admitted.

14.

The attempt of the petitioner has been to justify his absence from duty in the Bank. He has stated in his Claim

Statement as well as in his Affidavit in lieu of Chief Examination that himself and his wife were living with his brother

and his family, that his brother was running a hotel business and incurred loss and when creditors started to issue

4916

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

threats not only to his brother but also to him and his family he had to flee from Dharmapuri. So he has left Dharmapuri

on February 2001 without leaving any address back for fear that the creditors might trace him and his family. He has

further stated that his mother had fallen ill and was hospitalized in January 2002 and he had to take care of her closely till

she breathed her last.

15.

Even if liberality is stretched to any extent it is difficult to accept the case of the petitioner that it was in the

circumstances he had given, he was not attending duty. Loss in business was incurred not by the petitioner but his

brother. So there was no reason for the creditors to threaten the petitioner. The petitioner had not even approached the

Police complaining that he was being threatened. In any case the threat was no reason for the petitioner to leave the place

without giving any intimation to his employer. Another reason given by the petitioner is that his mother was bedridden

from 2002 to 2011 and he had to take care of her. He has not even stated what was the illness of his mother that kept her

so long in bed. Apart from that, the case advanced by him is quite self-contradictory also. His own case is that he had

absconded from Dharmapuri and had been living in Tirupati for some time and had then gone to Bangalore and was

doing some jobs also at Bangalore. His mother was always at Coimbatore with his another brother. When he was not

physically present at Coimbatore it is unlikely that he was taking care of her when his mother was bedridden. On the

whole the justification attempted by the petitioner for his long unauthorized absence is quite unsatisfactory.

16.

The counsel for the petitioner has referred to the decision of the High Court in ANANDAN AND OTHERS VS.

STATE OF TAMIL NADU represented by Commissioner of Police, Egmore and Other Cases reported in 2012 5 MHA

751 where a Police Constable had been absent from duty for 58 days and had reported only on the 59th day and was

declared a deserter by the Department and the Hon’ble High Court has held that only minor punishment should have

been imposed on the delinquent. According to the counsel for the petitioner, the petitioner herein should be reinstated in

service and should be left out with some minor punishment. However, the Apex Court had not been so lenient in the

matter of long unauthorized absence. The Apex Court has held in Appeal Case No. 939/2003 in STATE OF

RAJASTHAN AND ANOTEHR VS. MOHAMMAD AYUB NAZ that for willful absence for three years punishment of

removal from service is proper and not disproportionate to the gravity of the misconduct. In case No. 2637/2006 in

NORTH EASTERN KARNATAKA REGIONAL TRANSPORT CORPORATION VS. ASHAPPA the Apex Court

held that absence for a long time cannot be said to be a minor misconduct. The Apex Court has reversed the direction of

the Industrial Tribunal confirmed by the High Court to reinstate the unauthorized absentee in service. Thus, it could be

seen that the apex Court has taken a stringent view on unauthorized absence of an employee.

17.

The petitioner has been absent from duty from February 2001. He thought of his employment again only on

06.02.2012 after 11 years. In between he did not inform the Bank about his whereabouts or try to convince the Bank

about his reason for the absence. In all probability the petitioner had even while starting to remain absent had abandoned

the service. Probably, when circumstances changed, he thought of getting the job back and initiated the proceedings only

an experimental measure. Employment is not for persons who are not committed to the job. Place of employment is not

one which one can leave at leisure and go back as and when one pleases. I find that the petitioner is not entitled to any

relief.

Based on the above discussion the reference is answered against the petitioner. An award is passed accordingly.

(Dictated to the P.A., transcribed and typed by him, corrected and pronounced by me in the open court on this day the

24th November, 2015)

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner

:

WW1, Sri S. Gururaghavendran

For the 2nd Party/Management

:

MW1, Sri E.P. Sakthivelu

Documents Marked :

On the petitioner’s side

Ex.No.

Date

Description

Ext.W1

18.09.2011

Medical certificates relating treatment of petitioner’s

09.08.2012

mother

Ext.W2

06.02.2012

Representation to the Respondent

Ext.W3

14.06.2012

Reply by Respondent

Ext.W4

24.09.2012

Appeal to the Appellate Authority

Ext.W5

15.11.2012

Order passed by the Appellate Authority

Ext.W6

17.11.2005

Letter of the Respondent Bank

Ext.W7

02.06.2005

VIII Bipartite Settlement

¹Hkkx IIµ[k.M 3(ii)º

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4917

On the Management’s side

Ext.No. Date

Description

Ext.M1

20.07.2001

Loss of Pay Proceeding

Ext.M2

08.11.2001

Charge Sheet

Ext.M3

30.03.2002

Censure Punishment Proceeding

Ext.M4

08.10.2003

Loss of Pay Proceeding

Ext.M5

17.12.2003

Charge Sheet

Ext.M6

30.06.2004

Stoppage of Increment Punishment Proceeding

Ext.M7

23.04.2004

Letter instructing to report for duty

Ext.M8

05.05.2004

Letter instructing to report for duty

Ext.M9

29.06.2004

Loss of Pay Proceeding

Ext.M10

16.09.2004

Letter instructing to report for duty

Ext.M11

05.11.2004

Loss of Pay Proceeding

Ext.M12

23.03.2005

Loss of Pay Proceeding

Ext.W13

12.04.2005

Charge Sheet

Ext.W14

30.12.2005

Dismissal Punishment Proceeding

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New Delhi, the 17th December, 2015

S.O. 2374.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.71/2011 ) of the Cent.Govt.Indus.Tribunal-cum-Labour Court No.1 ,

Delhi as shown in the Annexure, in the industrial dispute between the management of Bank of Baroda and their

workman, received by the Central Government on 17/12/2015.

[No. L-12012/205/99-IR(B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

IN THE COURT OF SHRI AVTAR CHAND DOGRA, PRESIDING OFFICER, CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT NO.1, KARKARDOOMA COURT COMPLEX, DELHI

ID No.71/2011

Shri B.M. Sharma, E.C. No.38515,

WZ-33, Rattan Park,

Ramesh Nagar,

New Delhi

…..Workman

Versus

The Chairman and Managing Director,

Bank of Baroda,

Head Office, Baroda

Gujarat

…Management

4918

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

AWARD

1.

A reference was received by this Tribunal under section 10(2)(a) read with clause 1(d) of the Industrial Disputes

Act, 1947 from the appropriate Government vide letter No.L-12012/205/99/IR(B-II) dated 29.10.1999 with following

terms of reference:

“Whether there is any violation of principles of natural justice in domestic enquiry against Shri B.M. Sharma,

Clerk cum Typist by Bank of Baroda and if the punishment of dismissal from service is disproportionate to charges

proved? If so, to what relief workman is entitled to?

2.

Brief facts, relevant for disposal of the case are that Shri B.M. Sharma, workman herein, was employed by Bank of

Baroda as Clerk/Typist in August 1982. He has been working as such and lastly he was posted at Pusa Road branch,

New Delhi. It is averred that in the end of November or early December 1992, the workman herein received an order

dated 23.11.1992, which came as a bolt from the blue, from the Assistant General Manager, that the Bank has decided to

hold a departmental enquiry against the workman herein and Shri S.S. Khemka, Senior Manager, Chandni Chowk

branch, Delhi was appointed as Enquiry Officer to conduct the enquiry. Later on, charge sheet dated 16.11.1992 was

issued by the Disciplinary Authority together with a copy of the order dated 23.11.1992 upon the workman herein which

shows that the Disciplinary Authority has adjudged the workman guilty even before service of the charge sheet.

Allegations against the workman herein in the charge sheet are as under:

(a)

The workman had maintained 3 joint saving bank accounts, each jointly with one of his three lady relatives,

in the Pusa Road branch of the bank.

(b)

The workman had withdrawn from these three accounts respectively, aggregate amounts of

Rs.40,000.00(rupees forty thousand only), Rs.82,700.00(rupees eighty two thousand and seven hundred

only) and Rs.8,900.00(rupees eight thousand nine hundred only) between 7th February 1992 and 6th July

1992, and

(c)

These withdrawals, as per the disciplinary authority constituted gross misconduct and charged the workman

as under:

(i)

You have defrauded the bank;

(ii)

You have fraudulently withdrawn money from the joint accounts maintained at Pusa Road branch;

(iii)

You have willfully withdrawn the bank’s money causing damage to the bank;

(iv)

You have committed acts prejudicial to the interest of the Bank; and

(v)

You have committed acts unbecoming of a bank employee

2.

It is clear from a cursory look at the charge sheet that charges leveled in the charge sheet was that money was

withdrawn from joint accounts of near relatives and in disciplinary matters Bank is governed by the Sastry Award as

modified by Desai Award. No explanation of the workman here was called by the management before issuance of

charge sheet and departmental enquiry was ordered mechanically and without application of mind. Departmental enquiry

was conducted by Shri Khemka in gross violation of principles of natural justice and rule of established procedure.

Fresh charge sheet was also issued against the workman herein on 20.02.1995 alleging gross misconduct. Enquiry

Officer summarily rejected request of the workman to engage a defence counsel as enquiry involved complicated

question of law. Eventually, the workman was dismissed from service on 16.05.1996. Workman thereafter is without job

and all his efforts to find a suitable employment because of the stigma attached to his dismissal. Workman has alleged

that order of dismissal is illegal, unlawful and void ab initio and prayed that the said order be set aside and he may be

reinstated with retrospective effect, with all benefits.

3.

Management filed reply to the statement of claim statement and took preliminary objections inter alia of

maintainability, non-existence of an industrial dispute in terms of section 2(k) of the Industrial Disputes Act, order of

reference being totally invalid and incapable of specific answer on account of gross vagueness etc. On merits, it was

admitted that the workman was employed with the management as a clerk and was lastly posted at Pusa Road branch,

New Delhi. There is no denying the fact that bipartite settlement of 19th October 1966 as well as Sastri Award and Desai

Award are in force. Workman has tried to defraud the bank and fraudulently withdrew money from savings accounts

etc., which is mentioned in detail in the charge sheet. Workman has thus withdrawn an amount of Rs.1,45,100.00 and

subsequently thereafter deposited a sum of Rs.1,37,200.00. Management denied the other averments pertaining to

malafide etc. and alleged that order of removal passed by the management is perfectly legal and valid.

4.

Against this factual background, this Tribunal on the basis of pleadings of the parties vide order dated 27.09.2004

framed the following issues:

(i)

Whether the reference is invalid as claimed in para 1, 2 and 3 of the written statement? If so, its effect?

¹Hkkx IIµ[k.M 3(ii)º

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4919

5.

Both the parties adduced evidence on the preliminary issue. The workman herein examined himself as Ex.WW1

and the management examined Shri N.S. Goswami as MW1 and Shri M.S. Narula as MW2. My learned predecessor on

the basis of the evidence, held as under:

‘When charge is not specific enough, it would result in miscarriage of justice in the sense that the claimant had no

opportunity to meet it. Consequently, vagueness of the charge sheet shakes entire foundation of the enquiry

proceedings conducted against the claimant. In view of the facts it cannot be concluded that the enquiry was fair

and proper. It would be futile exercise to discuss evidence adduced by the parties, since it would not lead to a

different position on the above aspects. First limb of reference is answered in favour of the claimant and against

the bank.’

6.

Since the management had claimed in its reply that in case enquiry is found to be vitiated, management may be

allowed to prove misconduct of the claimant on merits. Consequently, opportunity was afforded to the management to

adduce evidence to prove misconduct of the workman.

7.

After findings rendered qua the enquiry holding the same to be vague and bad in law, management on merits

examined Shri G.L. Babbar, Senior Manager of the Bank as MW3, who tendered in evidence his affidavit as Ex.MW3/A.

Perusal of the affidavit shows that all allegations contained in the charge sheet are reiterated in the affidavit. He has

admitted that the bank is not in a position to produce original documents relied by the bank. He further admitted that he

has no personal knowledge in respect of the matter in issue, i.e. the enquiry. He joined Pusa Road branch of the bank in

June 1992 and in July 1992, workman was placed under suspension. However, the workman has never worked in

association with him. He has further admitted that designation of the workman herein was Clerk/Typist and he was

never associated in the preliminary enquiry nor the suspension order was issued by him. He further made an admission

that no police report was lodged in this matter against the workman or any other official of the bank. He has further

admitted that in a withdrawal, passing officer is different. Thereafter, payment is made after checking the same. He

further deposed that payments in the scroll is in the hand of the workman. He denied that the claimant has been falsely

implicated.

8.

Shri Mehtab Singh was examined by the management as MW4, who was working as Senior Manager at Ajmal

Khan Road, New Delhi branch as Credit head. He further averred in the affidavit that the workman herein was

suspended from service pending departmental enquiry on account of allegations of serious financial irregularities as is

clear from letter Ex.MW1/1. Therefore, charge sheet was served upon the workman which is Ex.MW1/3. It is also

alleged in the affidavit that the workman has withdrawn money from various joint account maintained at Pusa Road

branch. It is pertinent to note here that details of the withdrawals from the joint accounts are not mentioned in the

affidavit.

9.

When this witness was cross examined as MW4, he has admitted that he was neither connected with the enquiry

proceedings held against the claimant nor he had testified facts against the workman before the Enquiry Officer. On the

date of incident workman was performing his duty on Saving Fund account seat but he has not filed copy of the roster

showing that the workman herein was working on the said seat for a period of six months. Rather he was not in a

position to file copy of the duty roster prepared at the time of the incident. He has mentioned the number of the joint

accounts as 6672 and 6863 but could not properly mention details of the account holder with whom claimant was

operating the above accounts jointly. Tribunal had also directed this witness to bring the relevant record pertaining to

enquiry etc. and in his cross examination dated Shri Mehtab Singh, MW4 admitted that there was a fire in Pusa Road

branch of the Bank and documents were destroyed in the fire. Accordingly, bank is not in a position to produce the

originals of withdrawal forms Ex.Ex.MW1/52 and Ex.MW1/54. The said fire broke out in June 2012. Originals of the

above withdrawals forms were not filed before this Tribunal prior to June 2012. He further admitted that originals of the

documents as detailed in para 16 of the affidavit, Ex.MW4/A are not available in the branch, hence it is presumed that

these originals have been destroyed in the fire. He has further admitted signatures of the workman appearing on

Ex.MW4/W1 to Ex.MW4/W12. He has no personal knowledge about issuance of withdrawal forms Ex.MW!/2 and

Ex.MW1/3. This witness is not sure whether designation of the workman herein is clerk/cashier or clerk/typist. He

further clarified in the affidavit that he has mentioned designation of the workman as clerk/typist. This witness was not at

all associated either in the preliminary enquiry or final enquiry conducted by Shri Khemka, the Enquiry Officer. He

further made a vital admission that it is the clerk who makes entries of withdrawals in the ledger and mentions necessary

particulars of the withdrawal slips etc. and Day Book is written on the next day. He further admitted that entries of scroll

are counter checked by the checking official. Passing officer tallies signatures of the account holder for payment and

sends the instrument to the cashier for payment. If there is any mistake, it would come to light in the evening at the time

of checking. However, in the present case, mistake came to light at the time of balancing of books in May 1992.

10.

It is clear from the resume of evidence on record that after findings rendered on the enquiry conducted by the

Enquiry Officer was held to bad in law vide order dated 29.06.2012, management has examined only two witnesses. It is

apparent from perusal of charge sheet dated 16.11.1992 that charges levelled against the workman are vague and general

in nature and evidence on record does not clearly show that the workman has defrauded the bank or fabricated record in

a manner so as to cause loss to the bank or any other customer. Statement of MW3, Shri G.L.Babbar as well as MW4

Shri Mehtab Singh is not of much value so far as the question of any fraud or withdrawal from the joint account etc. are

4920

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

concerned inasmuch as both these witnesses were not associated wither in the preliminary enquiry or in the departmental

enquiry conducted thereafter by Shri Khemka. Not only this, the management has not produced the original record

pertaining to withdrawal etc. of the account as the same were gutted in a fire. Strangely, this fact was never brought to

the notice of the Tribunal at the time of recording evidence when validity of the domestic enquiry was in issue. The

Tribunal also cannot ignore the fact that entries of the scroll are counter checked by a checking official and passing

officer normally tallies signatures of the account holders and it is only thereafter that payment is made. It has also come

in evidence that signatures of the workman do not appear on Ex.MW4/W1to Ex.MW4/W12. Management has failed to

prove as to who had made the entries on Ex.MW4/W1 to Ex.MW4/W12. Though Shri Mehtab Singh, MW4 has stated

that on payment scrolls, signatures of the passing official appears, but the passing officer has not been examined in the

present case as witness to specifically prove the role of the workman herein in making wrong withdrawals and thereafter

handing over the same, i.e. withdrawal slips, to the passing officer so as to tally the signatures and send the same to the

cashier for payment. So far as charge relating to maintaining of joint accounts is concerned, the same is not no

consequence inasmuch as there is no bar under banking laws to maintain such accounts.

11.

It has been held in the case of Shri Anil Gurukul vs. Bilaspur Raipur Kshetriya Bank AIR(2012) SC 181, , in a

departmental enquiry of a bank employee regarding misappropriation of loan etc. bank is required to give complete

details of loan amount given and amount misappropriated by the employee and incase details are not given, in that

eventuality, enquiry stands vitiated and order of the Disciplinary Authority is liable to be set aside. Moreover, in the case

in hand, management was required to prove documents pertaining to the withdrawal slip of the joint accounts mentioned

in the charge sheet Ex.MW1/3. Evidence led by the management in this regard is lacking both in quality and content and

statement of MW3 as well as MW4 regarding misconduct does carry much evidentiary value inasmuch as both these

officials were not associated during the course of preliminary enquiry or regular enquiry nor the workman herein worked

immediately under the officials at the relevant time. Consequently, it is held that management has failed to prove the

charges against the workman herein as required under the law, and order of removal dated 09.12.1996 is liable to be set

aside.

12.

As a result of the above, it is held the workman is entitled to reinstatement with immediate effect with all

consequential benefits to which he would have been otherwise entitled had he not been removed. An award is

accordingly passed. Let this award be sent to the appropriate Government, as required under Section 17 of the Industrial

Disputes Act, 1947, for publication.

Dated : November 4, 2015

A. C. DOGRA, Presiding Officer

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vkS?kksfxd vf/kdj.k@Je U;k;ky; uauauaua- 1, eqEcbZ

eqEcbZ

eqEcbZ

eqEcbZ ds iapkV (lanHkZ la- 33/2013) dks izdkf”kr djrh gS tks dsUnzh; ljdkj dks

17.12.2015 dks izkIr gqvk FkkA

[la- ,y&12012/36/2013-vkbZ vkj (ch-II)]

jfo dqekj, MsLd vf/kdkjh

New Delhi, the 17th December, 2015

S.O. 2375.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. 33/2013 ) of the Cent.Govt.Indus.Tribunal-cum-Labour Court No.1 ,

Mumbai as shown in the Annexure, in the industrial dispute between the management of Bank of Maharashtra and

their workman, received by the Central Government on 17/12/2015.

[No. L-12012/36/2013-IR(B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1 MUMBAI

Present

JUSTICE S. P. MEHROTRA

Presiding Officer

REFERENCE NO.CGIT-1/33 OF 2013

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4921

PARTIES:

Employers in relation to the management of

Bank of Maharashtra

And

Their workman (R. N. Sawardekar)

Appearances:

For the first party / Management

:

Mr.M.B.Anchan, Adv.

For the second party/workman

:

Mr.Nitin Rege, General Secretary

State

:

Maharashtra

Mumbai, the 29th day of September, 2014

AWARD

1.

The present Reference has been made by the Central Government by its order dated 25.6.2013 passed 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. The terms of reference as per the Schedule to the said order are as under:

“Whether the denial of ¾ scale from August, 2000 to Shri R.N.Sawardekar, PTS by Bank of Maharashtra (RO)

Ratnagiri against payment made w.e.f. 01.04.2002 is legal and justified? If not what is entitlement of workman?”

2.

By the Order dated 23.12.2013, notices were directed to be issued to the parties fixing 3.2.2014

3.

Notices were accordingly issued to the parties by Registered Post A.D.

4.

Pursuant to the Order dated 23.12.2013, the case was put up on 3.2.2014.

On the said date, i.e. 3.2.2014, in response to the notices issued, appearance was put in on behalf of the parties. Mr.Nitin

Rege, General Secretary of the second party/Union (Bank of Maharashtra Karmachari Sena) appeared on behalf of the

second party/Union.

Mr. M. B. Anchan, Advocate appeared on behalf of the first party/Management (Bank of Maharashtra).

5.

Statement of Claim was filed by Mr.Nitin Rege on the said date, i.e., 3.2.2014.

An application objecting to the appearance of Legal Practitioner on behalf of the first party/Management was also filed

by Mr.Nitin Retge on the said date, i.e., 3.2.2014.

6.

On 28.4.2014, Written Statement was filed on behalf of the first party/Management.

7.

On 6.8.2014, Reply/Say in respect of the Application dated 3.2.2014, as mentioned above, was filed on behalf of

the first party/Management. Time was granted to Mr.Nitin Rege, General Secretary of the second party/Union for filing

Rejoinder in respect of the said Reply/Say.

8.

On 29.9.2014, Mr.Nitin Rege filed Rejoinder on behalf of the second party/Union in respect of the aforesaid

Reply/Say filed on behalf of the first party/Management in respect of the Application dated 3.2.2014 filed on behalf of

the second party/Union.

9.

By the Order dated 29.9.2014, the case was fixed for 17.11.2014 for consideration of the said Application dated

3.2.2014.

10.

On 17.11.2014, Mr.M.B.Anchan, learned counsel for the first party/Management was present. Mr.Nitin Rege,

General Secretary of the second party/Union was also present. On joint prayer made on behalf of the parties, the case

was adjourned to 7.1.2015 for consideration of the said Application dated 3.2.2014.

11.

On 7.1.2015, Mr.M.B.Anchan, learned counsel for the first party/Management was present. However, none was

present for the second party/Union. In the circumstances, by the Order dated 7.1.2015, the case was adjourned to

23.2.2015 for consideration of the said Application dated 3.2.2014.

12.

On 23.2.2015, Mr.M.B.Anchan, learned counsel for the first party/Management was present. However, none was

present for the second party/Union. In the circumstances, the case was adjourned to 14.4.2015 for consideration of the

said Application dated 3.2.2014.

13.

As 14.4.2015 was declared as a holiday on account of “Birthday of Dr.B.R.Ambedkar)”, theTribunal by the Order

dated 15.4.2015 fixed the case for 8.6.2015.

14.

On 8.6.2015, Mr.M.B.Anchan, learned counsel for the first party/Management was present. However, none was

present for the second party/Union. In the circumstances, the Tribunal by the Order dated 8.6.2015 directed for issuance

4922

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

of fresh notice to the second party/Union for appearance in the matter fixing the next date fixed in the matter and the case

was fixed for 4.8.2015.

15.

On 4.8.2015, Mr.M.B.Anchan, learned counsel for the first party/Management was present. The Office informed

that due to inadvertence, fresh notice as per the direction given in the Order dated 8.6.2015, could not be issued and,

therefore, the Tribunal by the Order dated 4.8.2015 directed that fresh notice, as directed in the Order dated 8.6.2015, be

sent to the second party/Union fixing the next date fixed in the matter. By the said order dated 4.8.2015, the case was

fixed for 29.9.2015.

16.

Pursuant to the Order dated 4.8.2015, the Office issued fresh notice by Registered Post AD to the second

party/Union. Notice so issued has been duly served and the Acknowledgement Card has been received back.

17.

Pursuant to the Order dated 4.8.2015, the case is put up today.

Mr.M.B.Anchan, learned counsel for the first party/Management has filed today his Authority on behalf of the first

party/Management.

Mr.Nitin Rege, General Secretary of the second party/Union is present for the second party/Union.

18.

Mr.Nitin Rege has filed today an Application, inter-alia, praying that in view of the circumstances mentioned in

the said Application, the second party/Union may be allowed to withdraw the present Reference. Mr.M.B.Anchan,

learned counsel for the first party/Management has endorsed his “No Objection” on the said Application filed today on

behalf of the second party/Union.

19.

Mr.Nitin Rege, General Secretary of the second party/Union states that in view of the circumstances mentioned in

the aforesaid Application filed today, the second party/Union wants to withdraw the present Reference, and it may be

permitted to do so. Mr.M.B.Anchan, learned counsel for the first party/Management has no objection to the prayer made

on behalf of the second party/Union being granted.

20.

In view of the above, it is evident that the Industrial Dispute forming the subject-matter of the Reference no longer

survives.

21.

Reference is, therefore, answered by stating that the subject-matter of the Reference no longer survives.

22.

Award is passed accordingly.

JUSTICE S. P. MEHROTRA, Presiding Officer

ubZ fnYyh] 17 fnlEcj] 2015

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17.12.2015 dks izkIr gqvk FkkA

[la- ,y&12012/46/2001-vkbZ vkj (ch-II)]

jfo dqekj, MsLd vf/kdkjh

New Delhi, the 17th December, 2015

S.O. 2376 .—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 22/2001) of the Cent.Govt.Indus.Tribunal-cum-Labour Court,

Kolkata as shown in the Annexure, in the industrial dispute between the management of Punjab National Bank and

their workman, received by the Central Government on 17/12/2015.

[No. L-12012/46/2001-IR(B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL AT KOLKATA

Reference No. 22 of 2001

PARTIES: Employers in relation to the management of Punjab National Bank

AND

Their workman

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4923

Present: Justice Dipak Saha Ray, Presiding Officer

Appearance:

On behalf of the

: Mrs. Priyanka Ganguly, Manager – HRD.

Management

On behalf of the

: Mr. Animesh Bhadury, Authorised representative.

Workman

State: West Bengal.

Industry: Banking.

Dated: 6th November, 2015.

AWARD

By Order No.L-12012/46/2001-IR(B-II) dated 18/22.06.2001 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 Punjab National Bank in removing Shri Arindom Kumar Kanjilal from

the service of the bank w.e.f. 12.1.2000 is legal and justified? If not, what relief is he entitled to?”

2.

The case of the workman is, in short, as follows:

The workman was appointed as Clerk-cum-Typist of the Punjab National Bank, Regional Office, Kanpur on 28.04.1981.

In the year 1983 he was transferred to Punjab National Bank, New Market, Calcutta on his own seeking and was

entrusted to do the work of Recurring Deposits and Fixed Deposits under the direct control of the then Chief Manager of

that branch Shri K.K. Sharma. While he was working as such he was suspended from the service by a letter dated

12.02.1996 and thereafter by an order dated 07.11.1996 he was terminated from the service. Being aggrieved by the said

order of termination he preferred an appeal before the Appellate Authority who by an order dated 04.04.997 set aside the

termination order dated 07.11.1996 with a direction to the management for holding departmental enquiry against the

workman. Accordingly departmental enquiry was held and the workman was found guilty of the charges leveled against

him and on the basis of the report of the Enquiry Officer the workman was removed from the service. The workman then

preferred an appeal on 18.01.2000 which was rejected. Accordingly the workman raised industrial dispute. Hence this

reference.

3.

As against this the case of the management is that the concerned workman committed the acts of fraud like

misappropriation of bank money and accordingly departmental enquiry was held against him in accordance with the

provisions of the Bipartite Settlement. During such enquiry the workman was given reasonable opportunities to defend

himself. Natural justice was also extended to him at every stage of the said enquiry. It is further contended that in that

enquiry the charges leveled against the workman were proved and accordingly he was removed from the service. The

appeal preferred by the workman was also considered and rejected. The management has, thus, prayed that the instant

reference may be answered in the affirmative.

4.

The concerned workman has examined himself as witness and has proved eighteen (18) documents to prove his

case.

5.

The management has also examined two witnesses and has proved eight (8) documents to substantiate its case.

6.

In this case the issue of the reference to be decided is whether the removal of the workman from service is legal

and justified.

7.

Admittedly the workman was first suspended on 12.02.1996 and was terminated from service thereafter on

07.11.1996. Subsequently on the basis of his representation before the authority, the said termination order was set aside

and Disciplinary Authority was asked to hold domestic enquiry. Accordingly domestic enquiry was held and as the

workman was found guilty in the said domestic enquiry, he was removed from the service.

8.

In this case it is alleged by the workman that the domestic enquiry was not proper and valid as natural justice was

not extended to him during such enquiry and that he was not supplied with the documents which were asked for and

thereby he was denied the opportunity to defend his case. It is also alleged that the findings of the enquiry were based on

his alleged confessional statements/letters which were obtained by the management under duress and threat.

9.

So, in view of the said contention and counter contention of the parties the Tribunal is required to ascertain

whether or not the domestic enquiry held against the workman was valid and proper.

10.

From the order dated 17.04.2006 it appears that after hearing both sides and after considering the evidence on

record as well the documents placed before the Enquiry Officer, the Tribunal has come to a conclusion that the report of

4924

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

the Enquiry Officer was legal, valid and proper as the same was prepared after observing all the rules and formalities of

the enquiry.

11.

According to the workman all the documents required for cross-examination of the witnesses of the management,

were not supplied to him and accordingly he was denied of the opportunity to defend himself properly. It was also the

allegation that the Enquiry Officer relied on the alleged confessional statements/letters of the workman which was

procured by the management under coercion and threat.

12.

Now from the order dated 17.04.2006 it appears that the workman had failed to substantiate his allegation that the

confessional letters were procured by the management under duress and threat. Accordingly, the Enquiry Officer had not

made any wrong to consider that the said letters were voluntarily written by the workman.

13.

Considering the said order dated 17.04.2006 with reference to the documents of the management it appears that

besides two (2) documents (which were produced at the time of hearing) all other documents as asked for by the

workman were supplied to the workman.

14.

In this case on the basis of the letters of the workman and other documents of the bank, charges were framed

against the workman and the said charges of misappropriation of money by forging the documents of the Bank as leveled

against him were proved and the workman was found guilty of the charges of major misconduct as defined in the

Bipartite Settlement.

15.

So no question of victimization or unfair labour practice or management having bias against the workman can arise

once it is held that the findings of misconduct alleged against the workman were properly arrived at and the domestic

enquiry was in no way vitiated.

16.

Since it has been decided that the domestic enquiry held against the concerned workman is valid and since the

said order has not been challenged by any of the parties, the workman has no right to agitate that the charges framed

against him are false as he had no scope to commit misappropriation of the bank’s money because he was working under

the direct control of the Chief Manager. So it appears that the domestic enquiry was valid and the findings of the enquiry

were not perverse.

17.

In this case, the workman was removed from service as the charges of misappropriation against him were proved

in the domestic enquiry. From the said action of the management it may reasonably be presumed that the

management/Bank which deals with the public money, lost confidence in the workman due to the lack of his integrity

and honesty. Such distrust of the management cannot be brushed aside under the carpet because in the banking business

absolute devotion, diligence, integrity and honesty needs to be preserved by every bank employee. It is not desirable that

the confidence of the public/depositors would be impaired. So, misappropriation by an employee of the Bank is the

misappropriation of public money and must be treated differently. Such misconduct cannot be treated lightly.

18.

It is well settled that before the insertion of Section 11A, the Tribunal could interfere with the quantum of

punishment only where punishment was shockingly disproportionate with the gravity of misconduct committed by the

delinquent workman because that could lead to the inference of mala fides but now it has the jurisdiction to interfere with

the punishment, the tribunal has only to see whether the punishment imposed by the employer is in commensurate with

the gravity of the act of misconduct. If it comes to the conclusion that the misconduct is proved, it may still hold that the

punishment is not justified because the misconduct alleged and proved is such as does not warrant the punishment of

discharge or dismissal and where necessary, set aside the order of discharge or dismissal and direct reinstatement with or

without any terms or conditions as it thinks fit, or give any other relief including the ward of lesser punishment in lieu of

discharge or dismissal as the circumstances of the case may warrant.

But, in this case it has already been discussed that major misconduct i.e., misappropriation of public money has

been proved against the bank employee. So it cannot be said that the punishment is not justified because of misconduct

alleged and found proved is such that it does not warrant dismissal or discharge.

19.

It has already been pointed out that charge of misappropriation in respect of public money has been established

against the bank employee and it appears that the management dismissed him from service as it lost confidence in the

said employee perhaps on apprehension that he could commit such offence again in future, if he was allowed to continue

the job.

20.

In this context it is worthwhile to mention the decision reported in (2006) 5 S.C.C. 201 where the Hon’ble

Supreme Court has held that:

“If the enquiry is fair and proper then in the absence of any allegation of victimization or unfair labour practice

the Labour Court has no power to interfere with the punishment imposed. Section 11-A of the Industrial Disputes

Act, 1947 gives ample power to the Labour Court to reappraise the evidence adduced in the enquiry and also sit

in appeal over the decision of the employer in imposing punishment. …………….”

It has also been held in a decision reported in (2000) 7 S.C.C. 517 that

“After finding that charges against the workman for breach of trust and misappropriation of funds entrusted to

them for the value mentioned in the charge-sheet had been established, the Labour Court materially erred

in

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4925

setting aside the order passed by the management removing the workmen concerned from service and reinstating

them with 25% back wages. Once an act of misappropriation is proved, may be for small orlarge amount, there is

no question of showing uncalled for sympathy and reinstating the employees in service.

In case of proved misappropriation, there is no question of considering the past record. It is the discretion of the

employer to consider the same in appropriate cases, but the Labour Court cannot substitute the penalty imposed

by the employer in such cases.”

The Hon’ble Supreme Court has also observed in a decision reported in (2006) 12 S.C.C. 554 that:

“We find that the Labour Court has found the enquiry to be fair and proper. The conduct highlighted by the

management and established in enquiry was certainly of a very grave nature. The Labour Court and High

Court had not found the misconduct was of any minor nature. On the contrary, the finding on facts that the act

complained of has not been disturbed. That being so, the leniency shown by the Labour Court is certainly

unwarranted and would in fact, encourage indiscipline. Without indicating any reason as to why it was felt that

the punishment was disproportionate, the Labour Court should not have passed the order in the manner

done. ……….”

21.

Considering the above facts and circumstances and the nature and gravity of the offence and in view of the

decisions of the Hon’ble Supreme Court I do not find any reason to interfere with the decision of the management/Bank

in dismissing the concerned workman.

22.

Accordingly the instant reference is answered in the affirmative and the concerned workman is not entitled to get

any relief whatsoever.

JUSTICE DIPAK SAHA RAY, Presiding Officer

ubZ fnYyh] 17 fnlEcj] 2015

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17.12.2015 dks izkIr gqvk FkkA

[la- ,y&12011/32/2011-vkbZ vkj (ch-II)]

jfo dqekj, MsLd vf/kdkjh

New Delhi, the 17th December, 2015

S.O. 2377.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 29/2012 ) of the Cent.Govt.Indus.Tribunal-cum-Labour Court No. 2,

Dhanbad as shown in the Annexure, in the industrial dispute between the management of Punjab National Bank and

their workman, received by the Central Government on 17/12/2015.

[No. L-12011/32/2011-IR(B-II)]

RAVI KUMAR Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (NO.2), AT DHANBAD

PRESENT

Shri Kishori Ram, Presiding Officer

In the matter of an Industrial Dispute under Section 10(1)(d) of the I.D.Act.,1947.

REFERENCE NO 29 OF 2012

PARTIES :

The General Secretary,

Punjab National Bank Employees Union,

C/O Punjab National Bank, LDM Office,

Boring Road Crossing, Patna.

Vs.

The Zonal Manager

Punjab National Bank,

Zonal Office, Chanaky Palace, R Block, Patna.

4926

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

Order No. L-12011/32/2011-IR(B-II)dt.19/30.04.2012.

APPEARANCES :

On behalf of the workman/Union

: None

On behalf of the Management

: Mr. R. K. Rana, Manager as Representative

State :

Bihar

Industry : Banking

Dhanbad, Dated the 14th Oct., 2015

AWARD

The Government of India, Ministry of Labour, in exercise of the powers conferred on them under Sec.10(1)(d) of the I.D.

Act.,1947 has referred the following dispute to this Tribunal for adjudication vide their Order No. L-12011/32/2011-

IR(B-II) dt.19/30.04.2012.

SCHEDULE

“Whether the action of the Management of Punjab National Bank, Patna Circle in awarding punishment of

bring down to lower stage in the scale of pay by two stages upon S/Sh.J.D.Mishra and Lokesh Narayan vide

order dated 31.12.2008 is legal and justified? What relief the concerned workmen are entitled to?."

2.

The Management Representative is present. The workmen did not appear though two notices by Regd.post with

A.D. sent to their registered address.

On perusal of the case record, it appears that the case has been pending since its registration. Neither the workmen or its

Representative nor the Union appeared to contest the case. Therefore, it appears that the workmen have lost interest in

the case or its dispute has been resolved in the mean time. Hence a ‘No Dispute Award’ is passed.

R. K.SARAN, Presiding Officer,

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[la- ,y&12011/11/2011-vkbZ vkj (ch-II)]

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New Delhi, the 17th December, 2015

S.O. 2378.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 116/2012) of the Cent.Govt.Indus.Tribunal-cum-Labour Court No 2,

Delhi as shown in the Annexure, in the industrial dispute between the management of Punjab and Sind Bank and their

workman, received by the Central Government on 17/12/2015.

[No. L-12011/11/2011-IR(B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT – II, DELHI

PRESENT:- Shri Harbansh Kumar Saxena

ID.No. 116/2012

Shri Ramakant Rai C/o Rashtriya,

Rajdhani Kshetra Engg. & General Mazdoor Union,

C-141, Karampura,

New Delhi 110016.

……..Workman

Versus

The Manager,

Punjab and Sind Bank, 21 Rajendra Place,

New Delhi.

…… Management

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4927

AWARD

The Central Government in the Ministry of Labour vide notification No. L-12011/11/2011(IR(B-II)) dated

18.04.2012 referred the following Industrial Dispute to this Tribunal for adjudication :-

“Whether the action of the management of Punjab & Sind Bank, New Delhi in terminating the services of Sh. Ramakant

Rai w.e.f 03.03.2009 is legal and justified? What relief the workman is entitled to?”

On 11.05.2012 reference was received in this Tribunal. Which was register as I.D No. 116/2012 and claimant

union 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 workman/claimant filed claim statement on 8.8.2012. Through which workman prayed as

follows:-

It is therefore, most respectfully prayed that an award may kindly be passed for reinstatement in his service with full

back wages at the rate of minimum wages including earned wages, continuity of service and all consequential benefits

alongwith 18% interest in the interest of justice.

Against claim statement management filed written statement on 20.09.2012. Through which management prayed

as follows:-

It is , therefore, most respectfully prayed that the present reference may kindly be dismissed with costs. The claimant was

not an employee of the Bank and hence no relief is admissible to him.

In Reply to the written statement workman filed rejoinder on 20.03.2008. Wherein he stated as follows:-

It is, therefore, most humbly prayed that the Hon’ble Tribunal may graciously be pleased to dismiss the written statement

as filed by the management being devoid of any merit and substances and the relief as prayed for in the prayer Para of

the statement of claim be granted in favour of the workman and against the management in the interest of justice.

My Ld. Predecessor on 12.04.2013 framed following issues:-

1. Whether claimant was personal driver of the Assistant General Manager/Deputy General Manager of the claimant?

2. As in terms of reference.

Workman in support of his case filed his affidavit on 17.05.2013.

Which was tendered by workman and cross-examined by Ld. A/R for the management on the same day. His

examination-in-chief and cross-examination is as follows:-

I tender my affidavit as evidence, which is Ex. WW1/A. Alongwith his affidavit, I rely on receipt dated 01.05.1997 ,

certificate dated 01.01.2004, another certificate dated 13.3.2004, certificate issued by Sh. V.K. Marwah, certificate of

registration of vehicle No. DL 6C J 3729 and letter dated 12.06.2009, which documents are Ex. WW1/1 to Ex. WW1/6.

These documents may be read in support of my affidavit.

XXXX by Sh. Rajat Arora, Ld. A/R for the management.

No appointment letter was issued by the bank in my favour. No advertisement was issued by the bank in a daily

newspaper seeking applications from incumbents for the post of driver. Vol. I was appointed by the concerned officer. It

is correct that I was appointed by Sh. Swaroop Singh, Deputy General Manager. Vol. initially I was engaged by Sh. H.P.

Singh, Assistant General Manager. Thereafter, I worked with Sh. Swaroop Singh, Sh. Swaroop and Sh. H.P. Singh used

to pay wages to me. They had paid my wages from 2-3 years through cheques and for a period of nine years, through

receipts. Again said, I was not maintaining any account with the bank, hence I am not in a position to produce pass book

in which those cheques were deposited. Payments were made in my favour through receipts like Ex. WW1/1. No other

document other than the receipt referred above, were issued in my favour. No termination letter was issued in my favour.

My services were dispensed with by Sh. Jaspal Singh Kochhar , General Manager. It is correct that I was driver of

Sh. H.P. Singh, Sh. Swaroop Singh and Sh. Kochhar respectively. I had served Sh. V.K. Marwah also. It is correct that I

was not an employee of the bank. Vol. the aforesaid officers used to assure me that I would be given employment in the

bank Assurances were oral.

I am working as a daily wager as on date and earn Rs. 300.00 per day.

Then workman closed his evidence.

4928

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

On 4.10.2013 affidavit of MW1 Sh. Brij Mohan was filed. Which was tendered on 20.11.2013. His examination–in-chief

is as follows:-

I have filed my affidavit the same is exh. as exh. MW1/A. I also rely upon document exh. MW1/1 and MW1/2

(collectively).

XXX deferred with direction to management to produce original documents filed with affidavit.

On 13.3.2014 management witness was part cross-examined. His part cross-examination is as follows:-

I am working as manager since 1.09.2011. It is incorrect to suggest that workman was working as ‘Driver’ in the

management . It is also incorrect to suggest that workman was working as Driver in the bank situated at 21, Rajendra

Place, New Delhi. I can tell about facts relating to my tenure as per personal knowledge. For other matters I can tell on

the basis of received from record. It is incorrect to suggest that workman was working as Driver in management since

7.7.1995. It is correct that in 2004 Sh. Swaroop Singh was Deputy, General Manager.

It is incorrect to suggest that salary to workman was given by bank.

And his cross-examination was deferred and he was again cross-examined on 20.11.2014 and his remaining cross-

examination is as follows:-

It is correct that Ex. WW1/2 bears the signatures of Sh. Swaroop Singh.

It is incorrect to suggest that workman was paid salary by bank.

It is incorrect to suggest that workman was employee of bank.

It is incorrect to suggest that salary of workman is due on management bank.

I cannot say whether workman use to drive car of management bank or not.

It is also incorrect to suggest that document MW1/2 is forged document.

It is also incorrect to suggest that workman use to work under control and directions of the management.

It is also incorrect to suggest that workman in his tenure of work worked under the direction and control of the

management.

It is also incorrect to suggest that I am deposing falsely.

It is incorrect to suggest that management bank dismissed the workman on 3.3.2009.

I have heard the arguments of Ld. A/R’s for the parties at length on 3.09.2015 and reserved the Award. Ld. A/R for the

workman vehemently argued and stressed that workman was personal driver in S.B.I who was appointed on 7.7.1995

and remained in service upto 3.3.2009 but illegally terminated on 3.3.2009. His salary for 2 days has also with held by

management. He placed reliance of documents WW1/1 to WW1/3. He remained in services of bank since 7.7.1995 to

3.3.2009. He was bank employee. Circular filed by management has not been proved by management. So, no benefit can

be given to management. While on the other hand Ld. A/R for the management counter contended that personal driver of

bank manager shall not be treated as bank employee. He placed reliance on previous circular dated 23.06.1997 and latest

circular dated 26.10.2012.

In the instant case question of determination is whether aforesaid circular cited on behalf of management can be looked

into or not.

In the light of pleadings of the parties and their evidence on aforesaid circular cited on behalf of management are most

relevant facts which cannot be brushed aside as trivial matter.

Moreover section 56 of the Indian Evidence Act empowers this Tribunal to take judicial notice about aforesaid circulars

cited on behalf of management. In addition to it claimant /workman must stand on his own legs to prove his case. It is

also relevant to mention here that Hon’ble Supreme Court in case of Punjab National Bank V/s Gulam Dastgir (1978)

2SCC 358 held that car driver engaged by Bank Manager who gets car allowance from the Bank is not workman as

defined u/s 2(S) of ID. Act.

On the basis of aforesaid discussion I am of considered view that reference is liable to be decided against workman and

in favour of management. Which is accordingly decided. Claim statement is liable to be dismissed. Which is accordingly

dismissed.

Award is accordingly passed.

Dated:-28/9/2015

HARBANSH KUMAR SAXENA, Presiding Officer

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4929

ubZ fnYyh] 17 fnlEcj] 2015

dk

dk

dk

dk-vk

vkvk

vk-

2379

2379

2379

2379-&vkS|ksfxd fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

dkiksZjs”ku cSad ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky; ua- 1, p.Mhx<+ ds iapkV (lanHkZ la

lanHkZ la

lanHkZ la

lanHkZ la- 5/2012) dks izdkf”kr djrh gS] tks dsUnzh;

ljdkj dks 17.12.2015 dks izkIr gqvk FkkA

[la- ,y&12012/104/2011-vkbZ vkj (ch-II)]

jfo dqekj, MsLd vf/kdkjh

New Delhi, the 17th December, 2015

S.O. 2379.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 5/2012 ) of the Cent.Govt.Indus.Tribunal-cum-Labour Court No. 1,

Chandigarh as shown in the Annexure, in the industrial dispute between the management of Corporation Bank and

their workman, received by the Central Government on 17/12/2015.

[No. L-12012/104/2011-IR(B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE SHRI SURENDRA PRAKASH SINGH, PRESIDING OFFICER, CENTRAL GOVT.

INDUSTRIAL TRIBUNAL- CUM-LABOUR COURT-I, CHANDIGARH.

Case No. ID No. 5 of 2012, Reference no. L-12012/104/2011/IR(B-II) dated 25.06.2012

Sh. Raj Kumar son of shri Sohan Lal, House No.20/175,Mohalla Jaipura, near Shri Hanuman Mandir, Kapurthala-

Punjab-144601.

….Workman.

Versus

1. The Deputy General Manager, Corporation Bank, Madhya Marg, Sector 9D, Chandigarh.

2. The Branch Manager, Corporation Bank, Jalandhar Road, Kapurthala-Punjab.

….. Respondents.

Appearances

For the Workman

: None.

For the Management

: Shri Ram Niwas Sharma Advocate.

AWARD

Passed on: - 27.10.2015

Government of India Ministry of Labour vide notification No. L-12012/104/2012/IR(DU) dated 25.06.2012 has

referred the following dispute to this Tribunal for adjudication:

“Whether the action of the management of Corporation Bank in terminating the services of Shri Raj Kumar son of

Shri Sohan Lal, House No. 20/175, Mohalla Jaipura, Near Hanuman Mandir, Kapurthala w.e.f. 02-07-2010 is legal

and justified? 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. For

the last several dates, none is appearing 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.

4930

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

3. Reference is disposed off accordingly. Central Govt. be informed. Soft copy as well as hard copy be sent to the

Central Govt. for publication.

Chandigarh.

27.10.2015

S. P. SINGH, Presiding Officer

ubZ fnYyh] 18 fnlEcj] 2015

dk

dk

dk

dk-vk

vkvk

vk- 2380

2380

2380

2380-&jk’Vªifr] Jh jatu dqekj lju] ihBklhu vf/kdkjh] dsUnzh; ljdkj vkS|ksfxd vf/kdj.k&lg&Je

U;k;ky;] /kuckn&1 dks 01-10-2015 ls N% ekg dh vof/k rd vFkok fu;fer vk/kkj ij bl in ds Hkjs tkus rd vFkok

vxys vkns”k rd] buesa tks Hkh igys gks] dsUnzh; ljdkj vkS|ksfxd vf/kdj.k&lg&Je U;k;ky;] /kuckn&II ds ihBklhu

vf/kdkjh dk vfrfjDr izHkkj lkSairs gSa A

[la- ,&11016@03@2009&lh-,y-,l-&II]

,l- ds- flag] voj lfpo

New Delhi, the 18th December, 2015

S.O. 2380.—The President is please to entrust the additional charge of the post of Presiding Officer of the

Central Government Industrial Tribunal-cum-Labour Court, Dhanbad-II to Shri Ranjan Kumar Saran, Presiding Officer,

Central Government Industrial Tribunal-cum-Labour Court, Dhanbad-I for a period of six months with effect from

01.10.2015 or till appointment of a regular incumbent or until further orders, whichever is the earlist.

[No. A-11016/03/2009-CLS-II]

S. K. SINGH, Under Secy.

ubZ fnYyh] 15 fnlEcj] 2015

dk

dk

dk

dk-vk

vkvk

vk- 2381

2381

2381

2381-&vkS|ksfxd fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

chlhlh,y ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vf/kdj.k@Je U;k;ky; ua 1, /kuckn ds iapkV ¼lanHkZ la- 27@2008½ dks izdkf”kr djrh gS tks dsUnzh; ljdkj

dks 15.12.2015 dks izkIr gqvk FkkA

[la- ,y&20012/47/2008-vkbZ vkj (lh,e-I)]

,e- ds- flag] vuqHkkx vf/kdkjh

New Delhi, the 15th December, 2015

S.O. 2381.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award of the Central Government Industrial Tribunal-cum-Labour Court No. 1,

Dhanbad (Ref. 27/2008 ) as shown in the Annexure, in the industrial dispute between the employers in relation to the

management of M/s. BCCL and their workman, received by the Central Government on 15.12.2015.

[No. L-20012/47/2008-IR(CM-I)]

M. K. SINGH, Section Officer

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4931

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. 1, DHANBAD.

In the matter of reference U/s 10(1)(d)(2A) of I.D. Act, 1947

Reference No. 27 of 2008

Employer in relation to the management of kustore Area of M/s BCCL

AND

Their workman

Present : Sri R. K. Saran, Presiding Officer

Appearances :-

For the Employers

:

Shri D. K. Verma, Advocate

For the Workman

:

Shri K. N. Singh, Rep.

State :-Jharkhand.

Industry :- Coal

Dated 18/9/2015

AWARD

By order No. L-20012/47/2008-IR (CM-I), dated 28/5/2008 the Central Government in the Ministry of Labour

has, in exercise of powers conferred by clause (d) of sub-section (1) and Sub-section (2A) of Section 10 of the Industrial

Disputes Act, 1947, referred the following disputes for adjudication to this Tribunal :

SCHEDULE

“(1) Whether the action of the management of Burragarh Colliery of M/s BCCL in denying wages and other fringe and

consequential benefits to Sh. Asb. Mohammad Line Mistry for the period from 01.07.1995 to 11.04.2001 is justified?

(iii) To what relief to the concerned workman entitled?”

2.

The case is received from the Ministry of Labour on 2.6.2008. After receipt of reference, both parties are

noticed. The workman/Union files their written statement on 5.10.2010. After long delay the management files

their written statement-cum-rejoinder on 24.8.2012. No witness examined from both side. Documents of the

management marked as M-1 to M-2 and documents of workman marked as W-1 to W-6.

3.

Case of the workman is that the concerned workman was initially appointed as Line Mistry at Burragarh

Colliery of BCCL on 17.10.1991. At the time of appointment the workman put his thumb impression in almost all

service records and stated his parentage and permanent address. In which his date of birth was wrongly recorded as

1935 in place of 1945. He was quite ignorant about his date of birth recorded in his service records. But when be

came to know that his date of birth is wrongly entered in the record as 1935 the dispute arose.

4.

The concerned workman filed T.S. No. 136/1995 which was disposed in favour of workman. But the

management did not taken steps for examination of the workman by the medical board. The workman concerned

got himself examined in the government Hospital by the civil surgeon at Dhanbad on 20.2.98.

5.

The management preferred Title Appeal No. 23 of 1997 and the said appeal was allowed and the order of civil

judge was set a side. Thereafter one settlement arrived between Union and the management. The workman ordered

to appear before the Apex Medical Board and it was determined by the Apex Medical Board as 60 years as on

11.4.2001 which is challenged by the workman before the Hon’ble High Court Ranch in WP (S) No. 1998 of 2004

the court was pleased to dispose of the same by his order dated 2/13.4.2004 saying that since the impugned letter

has been issued on the basis of settlement the court cannot grant any relied to the petitioner in exercise of

jurisdiction under Article 226 of the constitution.

6.

The case of the management is that in 1987, the concerned workman alongwith other workman werw issued

service excert having full service details, the date of birth of the workman was also shown as 1935. The workman

concerned had duly signed on the relevant portion of service excert and returned to colliery officials without any

objection.

7.

Thereafter Janta Mazdoor Sangh raised an industrial Dispute before the management and it was deceded by the

management at corporate level. A settlement was arrived between the management of Kustore Area and the

concerned workman alongwith Janta Mazdoor Sangh. As per the terms of settlement the workman was sent to

Apex Medical Board for assessment of his age in the year 2000. The Apex Medical Board of BCCL, assessed his

age more than 60 years as on 11.4.2001.

4932

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

8.

That on the basis of the DOB recorded in form “B” register and age assessed by the Apex Medical Board the

workman was not found either re-instatement or for payment of any back wages. The decision of the management

was duly intimated to the workman. The writ filed by the workman was dismissed by the writ court.

9.

Therefore on perusal, the workman claimed that he is 10 years younger from the date recorded in his service

excert i.e. form “B” register. He fought the case in civil court and lost. An agreement arrived by the parties marked

as Ext. W-2 it is on record.

10.

He also challenged the order of the management in high court and lost. There is nothing in the agreement that

the workman will get his dues from 01.07.1995 to 11.04.2001. He could not satisfy this Tribunal, how he is

entitled for wage for that period. He even did not prove that he worked from 01.07.95 to 11.04.2001.

11.

Considering the facts and circumstances of this case, I hold that the action of the management of Burragarh

Colliery of M/s BCCL in denying wages and other fringe and consequential benefits to Sh. Ash. Mohammad Line

Mistry for the period from 01.07.1995 to 11.04.2001 is justified. Therefore this Tribunal unable to give the

workman any relief.

This is my award.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 15 fnlEcj] 2015

dk-vk

vkvk

vk- 2382

2382

2382

2382-&vkS|ksfxd fookn vf/kfu;e 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

chlhlh,y ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vf/kdj.k@Je U;k;ky; ua 1, /kuckn ds iapkV ¼lanHkZ la- 221@1994½ dks izdkf”kr djrh gS tks dsUnzh; ljdkj

dks 15.12.2015 dks izkIr gqvk FkkA

[la- ,y&20012/339/1993-vkbZ vkj (lh,e-I)]

,e- ds- flag] vuqHkkx vf/kdkjh

New Delhi, the 15th December, 2015

S.O. 2382.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award of the Central Government Industrial Tribunal-cum-Labour Court No. 1,

Dhanbad (Ref. No. 221/1994 ) as shown in the Annexure, in the industrial dispute between the employers in relation to

management of M/s. BCCL and their workman, received by the Central Government on 15.12.2015.

[No. L-20012/339/1993-IR(CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. 1, DHANBAD.

In the matter of reference U/s 10(1) (d) (2A) of I.D. Act, 1947.

Reerence No. 221 of 1994

Employer in relation to the management of Maduban Colliery of M/s BCCL.

AND

Their workmen

Present : Sri R.K. Saran, Presiding Officer

Appearances :-

For the Employers

:

Shri Ganesh Prasad, Advocate

For the Workman

:

None

State : Jharkhand

Industry :- Coal

Dated 17/9/2015

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4933

AWARD

By Order No. L-20012/339/1993-IR(CM-I) dated 25-08-1994 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 dispute for adjudication to this Tribunal.

“Whether the action of the General Manager Barora Area 1 of M/s BCCL, P.O. Nawagarh, Dist-Dhanbad in

denying employment to the dependant of Sh. Ram Nandan Singh, Ex-Peon of Madhuband Colliery declared medically

unfit during the tenure of his service is justified? If not, to what relief is the concerned workman entitled?”

2. After receipt of the reference both parties are noticed. But appearing for certain dates, none appears

subsequently. Case remain pending. It is felt that the disputes between the parties have been resolved in the

meantime. Hence pass a No disputed Award is passed. Communicate to the Ministry.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 27 uoEcj] 2015

dk

dk

dk

dk-vk

vkvk

vk- 2383

2383

2383

2383-&vkS|ksfxd fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

chlhlh,y ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vf/kdj.k@Je U;k;ky; ua 1, /kuckn ds iapkV ¼lanHkZ la- 12@2014½ dks izdkf”kr djrh gS tks dsUnzh; ljdkj

dks 15.11.2015 dks izkIr gqvk FkkA

[la- ,y&20012/79/2013---vkbZ vkj (lh,e-I)]

,e- ds- flag] vuqHkkx vf?kdkjh

New Delhi, the 27th November, 2015

S.O. 2383.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award of the Central Government Industrial Tribunal-cum-Labour Court No. 1,

Dhanbad (Ref. 12 of 2014 ) as shown in the Annexure, in the industrial dispute between the employers in relation to the

management of M/s. BCCL and their workman, received by the Central Government on 15.11.2015.

[No. L-20012/79/2013-IR(CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. 1, DHANBAD.

In the matter of reference U/s 10(1) (d) (2A) of I.D. Act, 1947.

Reference No. 12 of 2014

Employer in relation to the management of Barora Area of M/s. BCCL

AND

Their workman

Present : Sri R.K. Saran, Presiding Officer

Appearances :-

For the Employers

:

Shri D. K. Verma, Advocate

For the Workman

:

Shri S. C. Gour. Rep.

State : Jharkhand

Industry : Coal

Industry :- Coal

Dated 28/9/2015

AWARD

By Order No. L-20012/79/2013 IR (CM-I) dated 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:

4934

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

SCHEDULE

“Whether the action of the management of Barora Area of M/s BCCL in not providing employment to Sri Swapan

Majumadar, husband of Late Konika Majumdar under the provisions of NCWA is fair and justified? To what

extent the relief Sri Swapan Maumadar, husband of Late Konika Majumdar is entitled to?”

2.

This case is received from the Ministry of Labour on 24.2.2014. After receipt of reference both parties are

noticed. The Sponsoring Union files their written statement on 24.03.2014. The management files their written

statement-cum rejoinder on 18-2-2015. One witnesses examined by both side and workmen document marked as

W-1 to W-6.

3.

The case of the workman is that, the concerned workman's wife konika karmakar/Majumdar was employed by M/s

BCCL and working in the capacity of Senior Nurse in the Regional Hospital, Baghmara of M/s BCCL and she was

unmarried at the time of her initial employment and got married to one Swapan Majumdar in year 2000. While in

service, Konika KarmakarlMajumdar passed away on 22.07.2012 , leaving behind Swapan Majumdar, her

husband, without any issue. The concerned workman claimed for employment, under the provision ofNCW A, as

dependent.

4.

The management's case is that there was no employee namly Konika Majumdar, rather one Konika Karmakar was

an employee having personnel No. 01148238 was employed as staff Nurse, at Regional Hospital, Baghmara, who

died on 22.07.2012. According to the service record of Konika Kramakar, was unmarried and she had never

informed the management regarding her marriage with Swapan Majumdar. During her life time she has submitted

service excerpt mentioning the name of her family members. The name of family members ofKonika Karmakar is

mentioned below :

Sl. No.

Name

Relation

1.

A. B. Karmkar

Father

2.

Smt. Sukashani Karmkar

Mother

3.

Tapas Karmakar

Brother

4.

Sri Ravindra Nath Karmakar Brother

5.

Mansa Karmakar

Sister

6.

Manjusa Karmakar

Sister

5.

Late Konikar Karmakar has nominated her father Sri A.B.Karmkar in Form "F" under the payment of Gratuity Act

1972 in her life time as her nominee and during the life time late Konika Karmakar she never informed to the

management regarding her marriage with Swapan Majumdar.

6.

Claim for employment to the dependant on compassionate ground is proceeded only whose name appears in the

service record of the Ex- employee. In the present case no name mentioned in the service record of late Konika

Karmkar. The applicant Swapan Majumdar has not produced Succession Certificate duly granted by the competent

Authority or granted by Competent Court of Law to prove that he is only legal heir and dependant of Konika

Karmkar. In any view of the matter Swapan Majumdar is not entitled for employment in BCCL

7.

The claimant claimed for job as the husband of Late Konika Karmkar/Majumdar Ex-Senior Nurse of M/S BCCL

Regional Hospital. The claimant claimed a job as he was dependant on heirs deceased as he also received the

Gratuity of her so called wife Konika Karmakar.

8.

The claimant has filed photo copies of BDO's certificate and Voter Identity Card of Konika, which has been

marked as Ext. w-4 . But from the company records, it appears that Konika never declared that she was married,

and in her service excerpts, her parents, brothers and sister name appear.

9.

It has been clearly stated by the claimant, that he has not obtained any succession certificate. On scrutiny of

photocopy of Voter I.D.Card , it is seen that the deceased Konika Karmakar IMajumdar is at 46 years as on

01.01.2011 and at the time of death she is aged about 47 years and 6 month. But as per evidence of Sri Swapan

Majurndar (WW - I) he is 35 years of age on April 2015. It means he is about 32 years at the time of her death.

10. It is clear that she is about 16 years older than the claimant i.e the so called husband. It means at the time of so

called marriage his age about 20 years, The claimant has also not examined any of her in laws and says in his

evidence that he will not examine any of them.

11. As per Cross examination of Dr. Ram Chandra Yadav (MW-I) Doctor of Baghmara Hospital says that, I never saw

her husband as she was bachelor and her service records show that she was bachelor.

12. As per W-5 in the order of Gratuity, Sri Swapan maujumdar stated that she was appointed on 14.03. 1990 and dieo

on 22.07.2012. He also stated at the time of cross examination, that the name of brother of Konika is Mrityunjay

Karmakar and sister's name is Mira Karmakar, Dhira Karmakar, Mansa Karmakar and Menoka Karmakar i.e four

sisters of Konika Karmakar. But as per service record she had only two sisters.

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4935

13.

In Order of Gratuity, he was not aware about Tapas Karrnakar and Rabindra Nath Karmakar. At the time of

Cross examination he stated that his marriage with Konika Karmakar on 27.02.2001 but as per his written statement and

evidence of WW-l his marriage is on year 2000. The evidence and pleadings is totally different which is suspicious.

14. It is stange that the ALC, without asking for succession certificate granted huge gratuity amount. It is not known

whether parents of the deceased who are class-I heir of the deceased, were noticed at least through paper publication.

How the management without challenging the order of Gratuity in higher forum or raising dispute as per Schedule III of

the I.D Act. released the money. There appears unholy alliance between ALC & the management, and the workman in

this case, on the basis of that an imposter is asking for job.

15. However this Tribunal, held that the order of Gratuity is no bearing on it. The claimant failed to establish that he is

the husband of the deceased and since the claimant has not stated in his evidence specifically that he was dependent on

any way on the deceased.

16. Considering the facts and circumstance of this case, I hold that the action of the management of Barora Area of M/s

BCCL in not providing employment to Sri Swapan Majumdar so called husband of Late Konika Majumdar under the

provisions of NCWA is fair and justifed, Hence he is not entitled to get any relief. Claim refused.

This is my award.

R. K. SARAN, Presiding Officer

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New Delhi, the 22nd December, 2015

S.O. 2384.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (I.D. Nos. 100/2013, 101/2013, 102/2013 and 103/3013) 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 Head Post Office, Haryana and their workman, which

was received by the Central Government on 22.12.2015.

[No. L-40012/58/2013-IR(DU)

No. L-40012/59/2013-IR(DU)

No. L-40012/60/2013-IR(DU)

No. L-40012/61/2013-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE SHRI SURENDRA PRAKASH SINGH, PRESIDING OFFICE, CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL- CUM-LABOUR COURT-I, CHANDIGARH.

Case No. ID No.:100, 101,102 ,103 of 2013, ( 4 references] as per detail given below:

(1).10 100 of 2013 Narender Kumar S/o Prem Kumar Saini, C/o R.P.Mehra, 770/19,Arya Nagar, Rohtak -

124001(Haryana)

4936

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

Vs.

1.

Senior Supdt. of Post Offices, Head Post Offices, Rohtak (Haryana)

2.

The Chief Postmaster General, Haryana Circle, Ambala(Haryana)-O

3.

The Sr. Post Master, Head Post Offices, Rohtak (Haryana)

Reference No. L-40012/58/2013-IR(DU) dated 12.09.2013

"Whether the demand of Shri Narender Kumar S/o Prem Kumar Saini, Ex-Postman for reinstatement and

regularisation in services with full back wages(worked for the period Oct. 2004- Oct. 2005) with the management

of Sr. Superintendent of Post Offices, Rohtak Division, Rohtak is just fair and legal? To what relief the workman is

entitled to & from what date?"

(2) ID 101 of 2013 Praveen Kumar S/o Prem Parkash, C/o R. P. Mehra, 770/19, Arya Nagar, Rohtak -124001(Haryana)

Vs.

1.

Senior Supdt. of Post Offices, Head Post Offices, Rohtak (Haryana)

2.

The Chief Postmaster General, Haryana Circle, Ambala(Haryana)-O

3.

The Sr. Post Master, Head Post Offices, Rohtak (Haryana)

Reference No. L-40012/59/2013-IR(DU) dated 12.09.2013

"Whether the demand of Shri Parveen Kumar S/o Prem, Parkash, Ex-Postman for reinstatement and regularisation

in services with full back wages(worked for the period Oct. 2004-0ct.2005) with the management of Sr.

Superintendent of Post Offices, Rohtak Division, Rohtak is just fair and Jegal? To what relief the workman is

entitled to & from what date?"

3. ID 102 of 2013 Sajjan Kumar Bhardwaj S/o Ramesh Bhardwaj, C/o R. P. Mehra, 770/19, Arya Nagar, Rohtak-

124001 (Haryana)

Vs.

1. Senior Supdt. of Post Offices, Head Post Offices, Rohtak (Haryana)

2. The Chief Postmaster General, Haryana Circle, Ambala (Haryana) – 0

3. The Sr. Post master, Head Post Offices, Rohtak (Haryana)

Reference No. L-40012/60/2013-IR(DU) dated 12.09.2013

‘‘Whether the demand of Shri Sajjan Kumar Bhardwaj, Ex-Postman for reinstatement and regularisation in

services with full back wages with the management of Sr. Superintendent of Post Offices, Rohtak Division,

Rohtak is just fair and legal? To what relief the workman is entitled to & from what date?’’

(4) ID 103 of 2013 Shri Khushi Ram, S/o Balli Ram, C/o R.P. Mehra, 770/19, Arya Nagar, Rohtak- 124001 (Haryana)

Vs.

1. Senior Sudt. of Post Offices, Head Post Offices, Rohtak (Haryana)

2. The Chief Postmaster General, Haryana Circle, Ambala (Haryana) – 0

3. The Sr. Post Master, Head Post Offices, Rohtak (Haryana)

Reference No. L-40012/61/2013-IR(DU) dated 12.09.2013

‘‘Whether the demand of Shri Khushi Ram S/o Shri Balli Ram, Ex-Postman for reinstatement and

regularisation in services with full back wages (worked for the period Oct. 2004 – Oct. 2005) with the

management of Sr. Superintendent of Post Offices, Rohtak Division, Rohtak is just fair and legal? To what

relief the workman is entitled to & from what date?’’

APPEARANCES :

For the workmen

;

Shri R. P. Mehra, Advocate

For the management

:

Shri Sanjeev Sharma, Advocate.

AWARD

Passed on 16.12.2015

2. All the above four references mentioned above are similar in nature as the facts of all the cases are same and

references referred to this Tribunal are also similar. In all the above references, the workmen claiming benefits of

reinstaternents and regularization in services with full back wages from the management of Sr. Superintendent of Post

Offices, Rohtak Division, Rohtak. All the references are taken together and are being answered by joint award.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937

4937

3. The workmen in all the cases submitted in claim statements that they were appointed as Postman by Senior Post

Master Head Post Office Rohtak during the month of October 2004. They filed labour claim application before the

Labour Court and on 22-7-2009 a settlement arrived at in Lok Adalat which is as under:

“22/7/2009 - Case taken up in Lok Adalat. In the conciliation proceedings, it has been agreed upon betwee.n the

rescribed authority and the petitioners as well and the learned counsel, the petitioners have agreed to withdraw the

petition under Section 33(c)(2)of the Act 1947 on the condition to raise the appropriate" Industrial Dispute, if.

required and that they shall move an" application to the Senior Superintendent of Post Offices (present in the

conciliation proceedings) for their reengagement subject to the availability of the vacancy and as per the Rules of

they Department. The prescribed authority has also agreed to consider their application on priority for their

reengagement subject to the availability of vacancies and according to the Rules of the Department on similar

terms and conditions on which the workmen were engaged earlier.”

Sd/-

Sd/-

P.O.Chd.

22-7-2009

SSPO

22-7-2009"

4. As per settlement the workmen submitted application on 10-8- 2009 to engage them as postmen but they were

offered the post of GDS MD which were accepted by them. It is submitted in the claim statement that there were as

many as 19 vacancies but they were denied appointment by the management. The management has violated Section 25-

F,G and H of the I,D.Act as certain postman have been allowed to work by the management. The workmen prayed that

they may be reinstated in service along with arrear' of pay and allowances of the post of postman from the date of

termination along with interest and order for regularisation for their services.

5. The management filed written statement. Preliminary objection has been taken that Department of post is not an in

dustry and its employees are not workman. It is also pleaded that workmen worked as substitute of postman during the

period of leave/vacant posts for a short period against the short terms arrangement/vacancies in postman cadre for the

period October, 2004 to October 2005 in different spell. It is further pleaded that in view of the settlement in lok adalat

dated 22-7-2009 the Competent 'Authority considered the applications of the workmen fortheir re-engagement subject to

availability of vacancies and as per rules of department on similar terms and conditions on which they were engaged

earlier. The present dispute is not maintainable as substitute arrangement against short terms arrangements are not entitle

for any benefits and demand of the applicants has no merits.

6. On merits it is pleaded that the workmen were not given any appointment letter and they were engaged as an outsider

against the leave arrangement/short term vacancies of postman cadre at Rohtak head post office during acute shortage of

staff and they are not entitled to HRA, Transport allowance and washing allowance at par with the regular staff and there

is no provision in the departmental instructions to engage an outsider against the post of postman and the post of grarnin

dak sevaks were filled up only after observing the proscribed procedure and the post of postman were filled after

observing the rescribed procedure of examination meant for multi tasking staff ( group D). As the workmen are neither

MTS(Group D) not gramin dak sewak, therefore, not eligible for the post of postman. The settlement dated 22.7.2009

fully complied with. It is prayed that the workmen are not entitled to any relief and their references deserves rejection.

7. The workmen filed rejoinder stating therein that department of post is an industry as held by the Apex Court in

Bangalore Water Supply and Sewerage Board Versus A.Rajappa and other (1978) 2 SSC 213 and finally in the case of

General Manager Telecorn and another Versus S. Srinivasan Rao and others 1997 (2) G.LH. 990.

8. Both the parties filed their respective affidavits in support of their pleadings. Both the parties vide. statement on

17-11-2015 stated that documentary evidence is already on record and the same may be treated as evidence and cases

may be fixed for arguments.

9. In view of the statements of the parties, 1 have heard the arguments gone through the settlement dated 22-7-2009 and

record.

10. The management in its reply raised the preliminary objection that department of posts is not an industry and its

employees are not workman under the provisions of the Industrial disputes Act,1947 vide the Supreme Court Judgment

in Civil Appeal No. 3885-86 of 1996 arising out of SLP No. 567-568 of 1992 Supreme court Judgement dated 2.2.1996

and the workman was required to approach the Central Administrative Tribunal. The workman opposed this contention

and cited the judgment 2008(4) SCT 34 Telecom District Manager and others Vs. Keshab Deb. The Hon'ble Supreme

Court in this case ruled that the workman has an option to choose his own forum and Section 28 does not bar the

jurisdiction of the Central Admn. Tribunal. An employee who claims himself to be a workman, therefore, will have a

right of selection in the matter of choice of forum. With this law principle, the jurisdiction of this Tribunal can not be

denied.

4938

THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937

[PART II—SEC. 3(ii)]

11. During arguments it is submitted by the learned counsel for the workmen that the workmen were not given the post

of postman although, there were vacancies available with the management and the management violated the settlement

dated 22.7.2009. As per settlement the management to consider the cases of the workmen on priority basis but the

management reengage the workman on the same posts which they were holding prior to the settlement dated 22.7.2009.

On the other hand, the learned counsel for the management submitted during arguments that as per settlement the cases

of the workmen were considered by ·the competent authority subject to the availability.of the vacancies and according to

the rules of the department on similar terms and condition on which the workmen were engaged earlier and in view of

the provisions in the departmental instructions that gramin dak sevaks should be engaged as paid substitutes against the

vacancy/leave of postman, the willing and eligible Gramin Dak Sevaks were engaged as paid substitute and the workmen

were not eligible and the posts of postman were to be filled up after observing the prescribed procedure of examination

meant for MTS (Group D) and Gramin Dak Sevaks. It is further submitted that as the workmen are neither a MTS

(group D) nor a Gramin Dak Sevaks, therefore, they were not eligible for the post of postman as there is no provision in

the rules of the department to engage an outsider against the leave/vacancy of postman, therefore, the workmen could

not be engaged as postmen.

12. From the settlement arrived at between the parties on 22.1.2009, it is revealed that workmen agreed to withdraw the

petition U/S33C(2) of the I.D.Act on the condition to raise the appropriate industrial dispute, if required and they shall

move an application to the Senior superintendent of Post Officer who was present in the conciliation proceedings for

their re-engagement subject to the availability of the vacancy and as per the rules of the department and the competent

authority has also agreed to consider their application on priority for their reengagement subject to the availability of

vacancies and according to the rules of the department on similar terms and conditions on which the workmen were

engaged earlier. I is the case of the workmen that thev moved' the applications on 10.8.2009 in terms of the settlement

and they were offered the post of GDSMD/MC which was accepted by Khushi Ram, Narinder Kumar and Prem Kumar,

the three workmen and Sajjan Kumar Bhardwaj workman refused the offer. Narinder Kumar, Praveen Kumar and

Khushi Ram were re-engaged on the similar terms and conditions on which they were working earlier. One Sajjan

Kumar Bhardwaj did not accept the offer. The offer made by the management was in accordance with the settlement

dated 22.7.2009. The contention of the learned counsel for the workman for offering them the post of postman is devoid

of merit because the post of postman could only be filled from MTS or Gramin Dak Sevaks as per departmental

examination and as per departmental recruitment rules.

13. In view of the facts and circumstances of the cases, it is held that the management has complied the settlement dated

22.7.2009 and in compliance of the settlement considered the applications for the re-engagement on similar posts as per

settlement. Three workmen Narinder Kumar, Praveen Kumar and Khushi Ram accepted the offer of the management and

joined the post as offered. Sajjan Kumar was also offered the post by the management but Sajjan Kumar did not accept

the offer. In these circumstances, it cannot be said that management violated the terms of the settlement dated

22.07.2009.

14. In view of the above, the management complied the terms and conditions of the settlement dated 22.07.2009,

therefore, the workmen are not entitled to any relief.

15. The above four references are disposed off accordingly. Central Govt. be infromed. Soft copy as well as hard copy

be sent to the Central Govt. for publication. Original award be kept in ID No.100 of 2013 Narinder Kumar Vs. Post

offices and a copy of this award be placed in other three references .

Chandigarh.

16.12.2015

S. P. SINGH, 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.