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
lkIrkfgd
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
'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 :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 मंालय
मानव संसाधन िवकास मंालय
मानव संसाधन िवकास मंालय
मानव संसाधन िवकास मंालय
(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 िवालय औरैया, उर देश-206244
2.
जवाहर नवोदय िवालय बाराबंक, उर देश-225126
3.
जवाहर नवोदय िवालय बती, उर देश-272151
4.
जवाहर नवोदय िवालय चंदौली, उर देश-232107
5.
जवाहर नवोदय िवालय फतेहपुर, उर देश-212635
6.
जवाहर नवोदय िवालय हमीरपुर, उर देश-210431
7.
जवाहर नवोदय िवालय कौज, उर देश-209733
8.
जवाहर नवोदय िवालय कौशा बी, उर देश-212207
9.
जवाहर नवोदय िवालय मुरादाबाद, उर देश-244601
10.
जवाहर नवोदय िवालय रायबरेली, उर देश-229306
11.
जवाहर नवोदय िवालय शाहजहापुर, उर देश-242306
12.
जवाहर नवोदय िवालय !ावती, उर देश-271831
13.
जवाहर नवोदय िवालय सोनभ$, उर देश-231216
14.
जवाहर नवोदय िवालय देहरादून, उराखंड-248197
15.
जवाहर नवोदय िवालय नैनीताल, उराखंड-263135
16.
जवाहर नवोदय िवालय पौड़ी, उराखंड-246193
17.
जवाहर नवोदय िवालय िपथोरागढ़, उराखंड-262530
18.
जवाहर नवोदय िवालय *$याग, उराखंड-246439
19.
जवाहर नवोदय िवालय अरवाल, िबहार-804401
20.
जवाहर नवोदय िवालय ब,सर, िबहार-802129
21.
जवाहर नवोदय िवालय पूव- चंपारण, िबहार-845429
22.
जवाहर नवोदय िवालय गया, िबहार-805236
23.
जवाहर नवोदय िवालय खग0रया, िबहार-851201
24.
जवाहर नवोदय िवालय लखीसराय, िबहार-811202
25.
जवाहर नवोदय िवालय मधेपुरा, िबहार-852126
26.
जवाहर नवोदय िवालय नवादा, िबहार-805124
27.
जवाहर नवोदय िवालय रोहतास, िबहार-821305
28.
जवाहर नवोदय िवालय िसवान, िबहार-841226
29.
जवाहर नवोदय िवालय िशवहर, िबहार-843329
4708
THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937
[PART II—SEC. 3(ii)]
30.
जवाहर नवोदय िवालय वैशाली, िबहार-844126
31.
जवाहर नवोदय िवालय देवघर, झारखंड-814142
32.
जवाहर नवोदय िवालय धनबाद, झारखंड-828207
33.
जवाहर नवोदय िवालय दुमका, झारखंड-814145
34.
जवाहर नवोदय िवालय गो3ा, झारखंड-814165
35.
जवाहर नवोदय िवालय कोडरमा, झारखंड-825410
36.
जवाहर नवोदय िवालय पाकुर- I, झारखंड-816107
37.
जवाहर नवोदय िवालय पूव4 5सहभूम, झारख7ड-832101
38.
जवाहर नवोदय िवालय हजारीबाग, झारखंड-825402
39.
जवाहर नवोदय िवालय जामताड़ा, झारखंड-815351
40.
जवाहर नवोदय िवालय पाकुर – II, झारख7ड- 816107
41.
जवाहर नवोदय िवालय पलामू- II, झारखंड-822101
42.
जवाहर नवोदय िवालय पलामू- II, झारख7ड-822101
43.
जवाहर नवोदय िवालय सरायकेला, झारखंड-831002
44.
जवाहर नवोदय िवालय िसमडेगा, झारखंड-835235
45.
जवाहर नवोदय िवालय पि8म 5सहभूम, झारखंड-833201
46.
जवाहर नवोदय िवालय बांकुड़ा, पि8म बंगाल-722,146
47.
जवाहर नवोदय िवालय मु9शदाबाद, पि8म बंगाल-742101
48.
जवाहर नवोदय िवालय दा9ज5लग, पि8म बंगाल-734214
49.
जवाहर नवोदय िवालय पु*िलया, पि8म बंगाल-723147
50.
जवाहर नवोदय िवालय अमरेली, गुजरात-365610
51.
जवाहर नवोदय िवालय भ;च, गुजरात-393110
52.
जवाहर नवोदय िवालय आनंद, गुजरात-338530
53.
जवाहर नवोदय िवालय नम4दा, गुजरात-393151
54.
जवाहर नवोदय िवालय डांग, गुजरात-394720
55.
जवाहर नवोदय िवालय गांधीनगर, गुजरात-382315
56.
जवाहर नवोदय िवालय नवसारी, गुजरात-396580
57.
जवाहर नवोदय िवालय अकोला, महारा=-444104
58.
जवाहर नवोदय िवालय औरंगाबाद, महारा=-431103
59.
जवाहर नवोदय िवालय धुले, महारा=-424002
60.
जवाहर नवोदय िवालय ग?@दया, महारा=-441702
61.
जवाहर नवोदय िवालय 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 िवालय रायगढ़, महारा=-402120
63.
जवाहर नवोदय िवालय मेवात, ह0रयाणा-122107
64.
जवाहर नवोदय िवालय !ीगंगानगर- II, राजथान- 335804
65.
जवाहर नवोदय िवालय पूव- िसयांग, अ*णाचल देश-791102
66.
जवाहर नवोदय िवालय पापुमपारे, अ*णाचल देश-791112
67.
जवाहर नवोदय िवालय तवांग, अ*णाचल देश-790104
68.
जवाहर नवोदय िवालय लोअर सुबानिसरी, अ*णाचल देश-791120
69.
जवाहर नवोदय िवालय पि8म कामDग, अ*णाचल देश-790001
70.
जवाहर नवोदय िवालय ब,सा, असम-781372
71.
जवाहर नवोदय िवालय ब?गईगांव, असम-783380
72.
जवाहर नवोदय िवालय री भोई, मेघालय-793102
73.
जवाहर नवोदय िवालय गोमती, िFपुरा-799013
74.
जवाहर नवोदय िवालय अनूपपुर, मGय देश-484886
75.
जवाहर नवोदय िवालय हरदा, मGय देश-461444
76.
जवाहर नवोदय िवालय रायसेन, मGय देश-464665
77.
जवाहर नवोदय िवालय िसवनी, मGय देश-480990
78.
जवाहर नवोदय िवालय 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 मंालय
कौशल िवकास और उमशीलता मंालय
कौशल िवकास और उमशीलता मंालय
कौशल िवकास और उमशीलता मंालय
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 मंालय
मंालय
मंालय
मंालय
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 मंालय
मंालय
मंालय
मंालय
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, रपुर
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 धनसी0रती
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
कटपालन आंकड़ा
कटपालन आंकड़ा
कटपालन आंकड़ा
कटपालन 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
कटपालन आंकड़ा
कटपालन आंकड़ा
कटपालन आंकड़ा
कटपालन 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.
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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
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dsUnzh; ljdkj vkS|ksfxd vf/kdj.k ,o Je U;k;ky; psUuS
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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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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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¹Hkkx IIµ[k.M 3(ii)º
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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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[la- ,y&40012/241/94-vkbZ vkj ¼Mh;w½]
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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?”
4822
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
Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937
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.”
4826
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.
¹Hkkx IIµ[k.M 3(ii)º
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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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dks 16@12@2015
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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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[la- ,y-&22011/65/2008–vkbZ vkj (lh,e-II)]
jktsUnz flag] vuqHkkx vf/kdkjh
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
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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
ubZ fnYyh] 16 fnlEcj] 2015
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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
का
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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 केी
केी
केी
केीय 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
केीय सरकार औोिगक अिधकरण एवं म यायालय
केीय सरकार औोिगक अिधकरण एवं म यायालय
केीय सरकार औोिगक अिधकरण एवं म यायालय
केीय 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 केीय सरकार औोिगक अिधकरण एवं म यायालय
केीय सरकार औोिगक अिधकरण एवं म यायालय
केीय सरकार औोिगक अिधकरण एवं म यायालय
केीय 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 केीय सरकार औोिगक अिधकरण एवं म यायालय
केीय सरकार औोिगक अिधकरण एवं म यायालय
केीय सरकार औोिगक अिधकरण एवं म यायालय
केीय 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 केी
केी
केी
केीय 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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2358
2358
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mrj jsyos
mrj jsyos
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mrj jsyos dks izca/krarz ds lac) fu;kstdkas vkSj muds deZdkj ds chp vuqca/k esa fufnZ’V vkSn~;ksfxd fookn esa dsUnzh;
ljdkj vkSn~;ksfxd vf/kdj.k y[kuÅ ds iapkV lanHkZ la[;k ¼01@2012½
¼01@2012½
¼01@2012½
¼01@2012½ dks izdkf”kr djrh gS] tks dsUnzh; ljdkj dks
17-12-2015 dks izkIr gqvk FkkA
[la- ,y &41011@67@2011&vkbZ vkj&¼ch-1½]
fou; dqekj] vuqHkkx vf/kdkjh
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
¹Hkkx IIµ[k.M 3(ii)º
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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,
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937
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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THE GAZETTE OF INDIA : DECEMBER 26, 2015/PAUSA 5, 1937
[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
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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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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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[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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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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2363-&vkSn~;ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj LVsV
cSad vkWQ banksj ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V vkSn~;ksfxd fookn esa
dsUnzh; ljdkj vkSn~;ksfxd vf/kdj.k] tcyiqj ds iapkV ¼lanHkZ la[;k 67@99½ dks izdkf”kr djrh gS] tks dsUnzh;
ljdkj dks 17&12&2015 dks izkIr gqvk Fkk A
[la- ,y&12012@183@98&vkbZ vkj ¼ch-&1½]
fou; dqekj] vuqHkkx vf/kdkjh
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
ubZ fnYyh] 17 fnlEcj] 2015
dk
dk
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dk-vk
vkvk
vk-2364
2364
2364
2364-&vkSn~;ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj LVsV
cSad vkQW banksj izca/krarz ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V vkSn~;ksfxd fookn esa dsUnzh;
ljdkj vkSn~;ksfxd vf/kdj.k] tcyiqj ds iapkV ¼lanHkZ la[;k 199@98½ dks izdkf”kr djrh gS] tks dsUnzh; ljdkj dks
17@12@2015 dks izkIr gqvk Fkk1
[la- ,y&12012@339@97&vkbZ vkj ¼ch-&1½]
fou; dqekj] vuqHkkx vf/kdkjh
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
ubZ fnYyh] 17 fnlEcj] 2015
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dk-vk
vkvk
vk- 2365
2365
2365
2365-&vkSn~;ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
LVsV cSad vkQW banksj ds izca/krarz ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V vkSn~;ksfxd fookn esa
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304
304
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9999
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ljdkj dks 17@12@2015 dks izkIr gqvk FkkA
[la- ,y&12012@213@99&vkbZ vkj ¼ch-&1½]
fou; dqekj] vuqHkkx vf/kdkjh
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
ubZ fnYyh] 17 fnlEcj] 2015
dk
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2366
2366
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dsUnzh; ljdkj vkSn~;ksfxd vf/kdj.k
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6767
67@2014
2014
2014
2014½ dks izdkf”kr djrh gS] tks dsUnzh;
ljdkj dks 17@12@2015 izkIr gqvk FkkA
[la- ,y&41011@88@2014&vkbZ vkj ¼ch-&1½]
fou; dqekj] vuqHkkx vf/kdkjh
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
¹Hkkx IIµ[k.M 3(ii)º
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4899
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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
4900
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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[la- ,y&12011/70/2000-vkbZ vkj (ch--II)]
jfo dqekj] MsLd vf?kdkjh
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:-
4902
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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jfo dqekj] MsLd vf?kdkjh
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
ubZ fnYyh] 17 fnlEcj] 2015
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2371
2371
2371-&vkS|ksfxd fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj bafM;u
cSad ds izca/kra= ds lac) fu;kstdkas vkSj muds deZdkj ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh; ljdkj
vkS|ksfxd vf/kdj.k@Je U;k;ky; psUubZ ds iapkV (lanHkZ la
lanHkZ la
lanHkZ la
lanHkZ la- 55/2014) dks izdkf”kr djrh gS tks dsUnzh; ljdkj dks
17.12.2015 dks izkIr gqvk FkkA
[la- ,y&12012/34/2014---vkbZ vkj (ch--II)]
jfo dqekj, MsLd vf?kdkjh
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_______________________
ubZ fnYyh] 17 fnlEcj] 1015
dk
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dk-vk
vkvk
vk- 2372
2372
2372
2372-& vkS|ksfxd fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj vkU/kzk
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;] psUubZ ds iapkV (lanHkZ la- 119/2015) dks izdkf”kr djrh gS tks dsUnzh; ljdkj dks
17.12.2015 dks izkIr gqvk FkkA
[la- ,y 12011/53/2015-vkbZ vkj (ch-II)]
jfo dqekj, MsLd vf/kdkjh
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_______________________________
ubZ fnYyh] 17 fnlEcj] 2015
dk
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2373
2373
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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;] psUubZ ds iapkV (lanHkZ la- 27/2015) dks izdkf”kr djrh gS tks dsUnzh; ljdkj dks 17.12.2015 dks
izkIr gqvk FkkA
[la- ,y&12012/91/2014-vkbZ vkj (ch-II)]
jfo dqekj, MsLd vf/kdkjh
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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jfo dqekj, MsLd vf/kdkjh
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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[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
dk
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uS”kuy cSad ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh; ljdkj
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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,
ubZ fnYyh] 17 fnlEcj] 2015
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ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;] 2 fnYyh
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ljdkj dks 17.12.2015 dks izkIr gqvk FkkA
[la- ,y&12011/11/2011-vkbZ vkj (ch-II)]
jfo dqekj, MsLd vf/kdkjh
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.
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % fnlEcj 26] 2015@ikS"k 5] 1937
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.
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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.