1167 GI/2016

(1045)

foÙk ea=kky;

(foÙkh; lsok,a foHkkx)

ubZ fnYyh] 2 iQjojh] 2016

dk-vk- 480-—cSaddkjh fofu;eu vf/fu;e] 1949 (1949

dk 10) dh /kjk 53 }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs gq,] Hkkjr

ljdkj] Hkkjrh; fjtoZ cSad dh fliQkfj'kksa ij ,rn~}kjk] ;g ?kks"k.kk

djrh gS fd mDr vf/fu;e dh /kjk 10 dh mi&/kjk (1) ds

[k.M (x) ds mi&[k.M (i) ds mica/ cSad vkWiQ cM+kSnk ij ykxw

ugha gksaxs] tgka rd bldk laca/ cSad vkWiQ cM+kSnk ds izca/ funs'kd

,oa eq[; dk;Zikyd vf/dkjh Jh ih-,l- t;dqekj dks bafM;k

cSad eysf'k;k csjgkM vkSj eSllZ bafM;k iQLVZ ykbiQ ba';ksjsal daiuh

fyfeVsM ds cksMZ esa funs'kd ukfer djus ls gS A

¹iQk- la- 13@22@2015&chvks&Iº

fot; eYgks=kk] voj lfpo

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- 12]

ubZ fnYyh] ekpZ 13—ekpZ 19] 2016] 'kfuokj@iQkYxqu 23—iQkYxqu 29] 1937

No. 12]

NEW DELHI, MARCH 13—MARCH 19, 2016, SATURDAY/PHALGUNA 23—PHALGUNA 29, 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)

MINISTRY OF FINANCE

(Department of Financial Services)

New Delhi, the 2nd February, 2016

S.O. 480.—In exercise of the powers conferred by

Section 53 of the Banking Regulation Act, 1949 (10 of 1949),

the Government of India on the recommendations of the

Reserve Bank of India, hereby declare that the provisions

of sub-clauses (i) of clause (c) of sub-section (1) of Section

10 of the said Act shall not apply to Bank of Baroda in so

far as it relates to the nomination of Shri P.S. Jayakumar,

Managing Director & Chief Executive Officer of the Bank

of Baroda as director on the Boards of India Bank Malaysia

Berhad and M/s. India First Life Insurance Company

Limited.

[F. No. 13/22/2015-BO-I]

VIJAY MALHOTRA, Under Secy.

1046

THE GAZETTE OF INDIA : MARCH 19, 2016/PHALGUNA 29, 1937

[PART II—SEC. 3(ii)]

ubZ fnYyh] 3 iQjojh] 2016

dk-vk- 481-—cSaddkjh fofu;eu vf/fu;e] 1949 (1949

dk 10) dh /kjk 53 }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs gq,] Hkkjr

ljdkj] Hkkjrh; fjtoZ cSad dh fliQkfj'kksa ij ,rn~}kjk] ;g ?kks"k.kk

djrh gS fd mDr vf/fu;e dh /kjk 10 dh mi&/kjk (1) ds

[k.M (x) ds mi&[k.M (i) ds mica/ bykgkckn cSad ij ykxw

ugha gksaxs] tgka rd bldk laca/ bykgkckn cSad ds vè;{k ,oa

izca/ funs'kd Jh jkds'k lsBh dks Hkkjrh; fu;kZr Í.k xkjaVh fuxe

fy- (bZlhthlh fy-) ds cksMZ esa xSj&dk;Zikyd funs'kd ukfer

djus ls gS A

¹iQk- la- 13@7@2014&chvks&Iº

fot; eYgks=kk] voj lfpo

New Delhi, the 3rd February, 2016

S.O. 481.—In exercise of the powers conferred by

Section 53 of the Banking Regulation Act, 1949 (10 of 1949),

the Government of India on the recommendations of the

Reserve Bank of India, hereby declare that the provisions

of sub-clauses (i) of clause (c) of sub-section (1) of Section

10 of the said Act shall not apply to Allahabad Bank in so

far as it relates to the nomination of Shri Rakesh Sethi,

CMD, Allahabad Bank as Non Official Director on the Board

of Export Credit Guarantee Corporation of India Ltd. (ECGC

Ltd.).

[F. No. 13/7/2014-BO-I]

VIJAY MALHOTRA, Under Secy.

ubZ fnYyh] 4 ekpZ] 2016

dk-vk- 482-—Hkkjrh; fjtoZ cSad vf/fu;e] 1934 (1934

dk 2) dh /kjk 8 dh mi&/kjk (1) ds [k.M (x) }kjk iznÙk

'kfDr;ksa dk iz;ksx djrs gq,] dsUæh; ljdkj] ,rn~}kjk] VkVk dalyVsalh

l£olst (Vhlh,l) ds eq[; dk;Zikyd vf/dkjh ,oa izca/ funs'kd

Jh uVjktu pUæ'ks[kju (tUe frfFk % 02-06-1963) dks mudh

fu;qfDr dh vf/lwpuk dh frfFk ls pkj o"kZ dh vof/ ds fy,

vFkok vxys vkns'kksa rd] tks Hkh igys gks] Hkkjrh; fjtoZ cSad ds

dsUæh; cksMZ esa va'kdkfyd xSj&ljdkjh funs'kd ukfer djrh gS A

¹iQk- la- 1@1@2015&chvks&Iº

fot; eYgks=kk] voj lfpo

New Delhi, the 4th March, 2016

S.O. 482.—In exercise of the powers conferred by

clause (c) of the sub-section (1) of Section 8 of the Reserve

Bank of India Act, 1934 (2 of 1934), the Central Government

hereby nominates Shri Natarajan Chandrasekaran (DOB:

02.06.1963), Chief Executive Officer and Managing Director,

Tata Consultancy Services (TCS) as Part Time Non Official

Director on the Central Board of Reserve Bank of India for

a period of four years from the date of notification of his

appointment, or until further orders, whichever is earlier.

[F. No. 1/1/2015-BO-I]

VIJAY MALHOTRA, Under Secy.

ubZ fnYyh] 4 ekpZ] 2016

dk-vk- 483-—Hkkjrh; fjtoZ cSad vf/fu;e] 1934 (1934

dk 2) dh /kjk 8 dh mi&/kjk (1) ds [k.M (x) }kjk iznÙk

'kfDr;ksa dk iz;ksx djrs gq,] dsUæh; ljdkj] ,rn~}kjk] efgUæk

iQkbusal ds dk;Zikyd vè;{k Jh Hkjr ujksre nks'kh (tUe frfFk %

12-06-1949) dh mudh fu;qfDr dh vf/lwpuk dh frfFk ls pkj

o"kZ dh vof/ ds fy, vFkok vxys vkns'kksa rd] tks Hkh igys gks]

Hkkjrh; fjtoZ cSad ds dsUæh; cksMZ esa va'kdkfyd xSj&ljdkjh

funs'kd ukfer djrh gS A

¹iQk- la- 1@2@2015&chvks&Iº

fot; eYgks=kk] voj lfpo

New Delhi, the 4th March, 2016

S.O. 483.—In exercise of the powers conferred by

clause (c) of the sub-section (1) of Section 8 of the Reserve

Bank of India Act, 1934 (2 of 1934), the Central Government

hereby nominates Shri Bharat Narotam Doshi (DOB:

12.06.1949), Non-Executive Chairman of Mahindra Finance

as Part Time Non Official Director on the Central Board of

Reserve Bank of India for a period of four years from the

date of notification of his appointment, or until further

orders, whichever is earlier.

[F. No. 1/2/2015-BO-I]

VIJAY MALHOTRA, Under Secy.

ubZ fnYyh] 4 ekpZ] 2016

dk-vk- 484-—Hkkjrh; fjtoZ cSad vf/fu;e] 1934 (1934

dk 2) dh /kjk 8 dh mi&/kjk (1) ds [k.M (x) }kjk iznÙk

'kfDr;ksa dk iz;ksx djrs gq,] dsUæh; ljdkj] ,rn~}kjk] Jh lq/hj

eadM+ (tUe frfFk % 05-08-1947) dh mudh fu;qfDr dh vf/

lwpuk dh frfFk ls pkj o"kZ dh vof/ ds fy, vFkok vxys vkns'kksa

rd] tks Hkh igys gks] Hkkjrh; fjtoZ cSad ds dsUæh; cksMZ esa

va'kdkfyd xSj&ljdkjh funs'kd ukfer djrh gS A

¹iQk- la- 1@3@2015&chvks&Iº

fot; eYgks=kk] voj lfpo

New Delhi, the 4th March, 2016

S.O. 484.—In exercise of the powers conferred by

clause (c) of the sub-section (1) of Section 8 of the Reserve

Bank of India Act, 1934 (2 of 1934), the Central Government

hereby nominates Shri Sudhir Mankad (DOB: 05.08.1947),

as Part Time Non Official Director on the Central Board of

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1047

Reserve Bank of India for a period of four years from the

date of notification of his appointment, or until further

orders, whichever is earlier.

[F. No. 1/3/2015-BO-I]

VIJAY MALHOTRA, Under Secy.

fons'k ea=kky;

(lh-ih-oh- izHkkx)

ubZ fnYyh] 10 iQjojh] 2016

dk-vk- 485-—jktuf;d vkSj dksalqyh; vf/dkjh ('kiFk

,oa iQhl) ds vf/fu;e] 1948 (1948 dk 41) dh /kjk 2 ds [akM

(d) ds vuqlj.k esa oSèkkfud vkns'k A

,rn~}kjk] dsaæ ljdkj Hkkjr ds mPpk;ksx] uSjksch esa

Jh f'koe ¯lg] lgk;d vuqHkkx vf/dkjh vkSj Jh lehj xks;y]

lgk;d vuqHkkx vf/dkjh dks fnukad 10 iQjojh] 2016 ls lgk;d

dksalqyj vf/dkjh ds rkSj ij dksalqyj lsokvksa ds fuoZgu ds fy,

izkfèkd`r djrh gS A

¹la- Vh&4330@01@2015º

izdk'k pUn] mi lfpo (dksalqyj)

MINISTRY OF EXTERNAL AFFAIRS

(CPV DIVISION)

New Delhi, the 10th February, 2016

S.O. 485.—Statutory Order in pursuance of the clause

(a) of the Section 2 of the Diplomatic and Consular Officers

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

Government hereby appoints (1) Shri Shivam Singh,

Assistant Section Officer and (2) Shri Sameer Goyal,

Assistant Section Officer as Assistant Consular Officer in

the High Commission of India, Nairobi to perform the

Consular services with effect from 10th February, 2016.

[No. T-4330/01/2015]

PRAKASH CHAND, Dy. Secy. (Consular)

ubZ fnYyh] 1 ekpZ] 2016

dk-vk- 486-—jktuf;d vkSj dksalqyh; vf/dkjh ('kiFk

,oa iQhl) ds vf/fu;e] 1948 (1948 dk 41) dh /kjk 2 ds [akM

(d) ds vuqlj.k esa oSèkkfud vkns'k A

,rn~}kjk] dsaæ ljdkj Hkkjr ds mPpk;ksx] fyyksaXos esa

Jh ,l-ih- jkor] lgk;d vuqHkkx vf/dkjh dks fnukad 1 ekpZ]

2016 ls lgk;d dksalqyj vf/dkjh ds rkSj ij dksalqyj lsokvksa ds

fuoZgu ds fy, izkfèkd`r djrh gS A

¹la- Vh&4330@01@2016º

izdk'k pUn] mi lfpo (dksalqyj)

New Delhi, the 1st March, 2016

S.O. 486.—Statutory Order in pursuance of the clause

(a) of the Section 2 of the Diplomatic and Consular Officers

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

Government hereby appoints Shri S.P. Rawat, ASO as

Assistant Consular Officer in the High Commission of

India, Lilongwe to perform the Consular services with effect

from 1st March, 2016.

[No. T-4330/01/2016]

PRAKASH CHAND, Dy. Secy. (Consular)

ubZ fnYyh] 3 ekpZ] 2016

dk-vk- 487-—jktuf;d vkSj dksalqyh; vf/dkjh ('kiFk

,oa iQhl) ds vf/fu;e] 1948 (1948 dk 41) dh /kjk 2 ds [akM

(d) ds vuqlj.k esa oSèkkfud vkns'k A

,rn~}kjk] dsaæ ljdkj Hkkjr ds nwrkokl] ¯d'kklk esa

(1) Jh fyykarq dqekj eaMy] futh lgk;d vkSj (2) Jh iwQykjke

Lokeh] ofj"B lfpoky; lgk;d dks fnukad 3 ekpZ] 2016 ls

lgk;d dksalqyj vf/dkjh ds rkSj ij dksalqyj lsokvksa ds fuoZgu

ds fy, izkfèkd`r djrh gS A

¹la- Vh&4330@07@2016º

izdk'k pUn] mi lfpo (dksalqyj)

New Delhi, the 3rd March, 2016

S.O. 487.—Statutory Order in pursuance of the clause

(a) of the Section 2 of the Diplomatic and Consular Officers

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

Government hereby appoints (1) Shri Lilantu Kumar,

Personal Assistant and (2) Shri Phoola Ram Swami, Senior

Secretariat Assistant as Assistant Consular Officer in the

Embassy of India, Kinshasa to perform the Consular services

with effect from 3rd March, 2016.

[No. T-4330/07/2016]

PRAKASH CHAND, Dy. Secy. (Consular)

ubZ fnYyh] 14 ekpZ] 2016

dk-vk- 488-—jktuf;d vkSj dksalqyh; vf/dkjh ('kiFk

,oa iQhl) ds vf/fu;e] 1948 (1948 dk 41) dh /kjk 2 ds [akM

(d) ds vuqlj.k esa dsaæ ljdkj Jh izohu dqekj] lgk;d vuqHkkx

vf/dkjh dks 14 ekpZ] 2016 ls Hkkjr ds Hkkjrh; mPpk;ksx] lwok

esa lgk;d dksalqyj vf/dkjh ds drZO;ksa dk ikyu djus ds fy,

izkfèkd`r djrh gS A

¹la- Vh&4330@01@2015º

izdk'k pUn] mi lfpo (dksalqyj)

New Delhi, the 14th March, 2016

S.O. 488.—Statutory Order in pursuance of the clause

(a) of the Section 2 of the Diplomatic and Consular Officers

1048

THE GAZETTE OF INDIA : MARCH 19, 2016/PHALGUNA 29, 1937

[PART II—SEC. 3(ii)]

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

Government hereby authorises Shri Parveen Kumar,

Assistant Section Officer in the High Commission of India,

Suva to perform the Consular services as Assistant Consular

Officer with effect from 14th March, 2016.

[No. T-4330/01/2015]

PRAKASH CHAND, Dy. Secy. (Consular)

ubZ fnYyh] 14 ekpZ] 2016

dk-vk- 489-—jktuf;d vkSj dksalqyh; vf/dkjh ('kiFk

,oa iQhl) ds vf/fu;e] 1948 (1948 dk 41) dh /kjk 2 ds [akM

(d) ds vuqlj.k esa oSèkkfud vkns'k A

,rn~}kjk] dsaæ ljdkj Hkkjr ds nwrkokl] csb¯tx esa

(1) Jh t;ar dqekj iVuk;d] lgk;d vuqHkkx vf/dkjh vkSj

(2) Jh izdk'k Lo:i] lgk;d vuqHkkx vf/dkjh dks fnukad

14 ekpZ] 2016 ls lgk;d dksalqyj vf/dkjh ds rkSj ij dksalqyj

lsokvksa ds fuoZgu ds fy, izkfèkd`r djrh gS A

¹la- Vh&4330@01@2016º

izdk'k pUn] mi lfpo (dksalqyj)

New Delhi, the 14th March, 2016

S.O. 489.—Statutory Order in pursuance of the clause

(a) of the Section 2 of the Diplomatic and Consular Officers

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

Government hereby appoints (1) Shri Jayant Kumar Patnaik,

Assistant Section Officer and (2) Shri Prakash Swaroop,

Assistant Section Officer as Assistant Consular Officer in

the Embassy of India, Beijing to perform the Consular

services with effect from 14th March, 2016.

[No. T-4330/01/2016]

PRAKASH CHAND, Dy. Secy. (Consular)

okf.kT; vkSj m|ksx ea=kky;

(okf.kT; foHkkx)

ubZ fnYyh] 15 ekpZ] 2016

dk-vk- 490-—dsUæh; ljdkj] fu;kZr (DokfyVh fu;a=k.k

vkSj fujh{k.k) fu;e] 1964 ds fu;e 12 ds mifu;e (2) ds lkFk

ifBr fu;kZr (DokfyVh fu;a=k.k vkSj fujh{k.k) vf/fu;e] 1963

(1963 dk 22) dh /kjk 7 dh mi&/kjk (1) }kjk iznÙk 'kfDr;ksa

dk iz;ksx djrs gq,] eSllZ FkSjkI;wfVDl dsfedy fjlpZ dkWiksZjs'ku]

okMZ ua- 8] IykWV ua- 17] nqxkZpkSd dkyksuh ekdsZV] iqfyl LVs'ku &

nqxkZpkSd] ftyk&esfnuhiqj (iwoZ)] gfYn;k&721602] if'pe caxky]

dks bl vf/lwpuk] ds jkti=k esa izdk'ku dh rkjh[k ls rhu o"kZ

dh vof/ ds fy, Hkkjr ljdkj ds okf.kT; ea=kky; dh vfèklwpuk

la[;kad dk-vk- 3975 rkjh[k 20 fnlEcj] 1965 mikc¼ vuqlwph

esa fofu£n"V [kfut vkSj v;Ld (lewg&I)] vFkkZr~ eSaxuht

MkbZvkDlkbV dk viotZu djrs gq, ykSg v;Ld vkSj eSaxuht

v;Ld dk fuEufyf[kr 'krks± ds v/hu jgrs gq,] Øe'k% mDr

[kfut vkSj v;Ldksa dk gfYn;k esa] fu;kZr iwoZ fujh{k.k djus ds

fy, ,d vfHkdj.k ds :i esa ekU;rk iznku djrh gS] vFkkZr~ %—

(i)

eSllZ FkSjkI;wfVDl dsfedy fjlpZ dkWiksZjs'ku] okMZ ua- 8]

IykWV ua- 17] nqxkZpkSd dkyksuh ekdsZV] iqfyl LVs'ku &

nqxkZpkSd] ftyk&esfnuhiqj (iwoZ)] gfYn;k&721602] if'pe

caxky] [kfut vkSj v;Ld (lewg&I) dk fu;kZr (fujh{k.k)

fu;e] 1965 ds fu;e 4 ds v/hu fujh{k.k dk dk;kZUo;u

djus ds fy, muds }kjk viukbZ xbZ fujh{k.k i¼fr dh

tkap djus ds fy, bl fufeÙk fu;kZr fujh{k.k ifj"kn~ }kjk

uke fu£n"V vf/dkfj;ksa dks i;kZIr lqfo/k,a nsxh_ vkSj

(ii) eSllZ FkSjkI;wfVDl dsfedy fjlpZ dkWiksZjs'ku] okMZ ua- 8]

IykWV ua- 17] nqxkZpkSd dkyksuh ekdsZV] iqfyl LVs'ku &

nqxkZpkSd] ftyk&esfnuhiqj (iwoZ)] gfYn;k&721602] if'pe

caxky] bl vf/lwpuk ds v/hu vius dk;ks± ds ikyu esa

funs'kd (fujh{k.k vkSj DokfyVh fu;a=k.k) fu;kZr fujh{k.k

ifj"kn~ }kjk le;≤ ij fyf[kr :i esa fn, x, funs'kksa

ls vkc¼ gksaxs A

¹iQk- la- 04@02@2016&fu;kZr fujh{k.kº

larks"k dqekj lkjaxh] la;qDr lfpo

MINISTRY OF COMMERCE AND INDUSTRY

(Department of Commerce)

New Delhi, the 15th March, 2016

S.O. 490.—In exercise of the powers conferred by

sub-section (1) of section 7 of the Export (Quality Control

and Inspection) Act, 1963 (22 of 1963), read with sub-rule

(2) of rule 12 of the Export (Quality Control and Inspection)

Rules, 1964, the Central Government hereby recognises

M/s. Therapeutics Chemical Research Corporation, Ward

No. 8, Plot No. 17, Durgachak Colony Market, Police Station

Durgachak, District- Medinipur (East), Haldia-721 602, West

Bengal, as an agency for a period of three years from the

date of publication of this notification, for inspection of

Minerals and Ores (Group-I), namely, Iron Ore and

Manganese Ore excluding manganese dioxide specified in

the Schedule annexed to the notification of the Government

of India, Ministry of Commerce notification number S.O.

3975, dated the 20th December 1965, prior to export of the

said Minerals and Ores at Haldia, subject to the following

conditions, namely :—

(i)

that M/s. Therapeutics Chemical Research

Corporation, Ward No. 8, Plot No. 17, Durgachak

Colony Market, Police Station- Durgachak, District-

Medinipur (East), Haldia -721 602, West Bengal, shall

give adequate facilities to the officers nominated by

the Export Inspection Council in this behalf to examine

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1049

the method of inspection followed by them in carrying

out inspection under rule 4 of the Export of Minerals

and Ores Group-I (Inspection) Rules, 1965; and

(ii)

that M/s Therapeutics Chemical Research

Corporation, Ward No. 8, Plot No. 17, Durgachak

Colony Market, PS - Durgachak, District- Medinipur

(East), Haldia-721 602, West Bengal, in the

performance of their function under this notification

shall be bound by such directions as the Director

(Inspection and Quality Control), Export Inspection

Council may give in writing from time to time.

[F. No. 04/02/2016-Export Inspection]

SANTOSH KUMAR SARANGI, Jt. Secy.

ubZ fnYyh] 15 ekpZ] 2016

dk-vk- 491-—dsUæh; ljdkj] fu;kZr (DokfyVh fu;a=k.k

vkSj fujh{k.k) fu;e] 1964 ds fu;e 12 ds mifu;e (2) ds lkFk

ifBr fu;kZr (DokfyVh fu;a=k.k vkSj fujh{k.k) vf/fu;e] 1963

(1963 dk 22) dh /kjk 7 dh mi&/kjk (1) }kjk iznÙk 'kfDr;ksa

dk iz;ksx djrs gq,] eSllZ bUlisDVksjsV fxzIFk bafM;k izkbosV fyfeVsM

23] jktkth lykbZ] pkSFkk ry] ih-Vh-yh- psaxkyokj;k ukbdj ekyhxbZ]

iSjht] psUubZ&600001] dks bl vf/lwpuk] ds jkti=k esa izdk'ku

dh rkjh[k ls rhu o"kZ dh vof/ ds fy, Hkkjr ljdkj ds okf.kT;

ea=kky; dh vfèklwpuk la[;kad dk-vk- 3975 rkjh[k 20 fnlEcj]

1965 vkSj la[;kad dk-vk- 3978 rkjh[k 20 fnlEcj] 1965 ls

mikc¼ vuqlwph esa fofu£n"V [kfut vkSj v;Ld lewg&I] vFkkZr~

ykSg v;Ld vkSj eSaxuht v;Ld] [kfut vkSj v;Ld lewg&II]

vFkkZr~ eSaxuht MkbZvkDlkbV] cSjkbV~l vkSj LiQrh; dk fuEufyf[kr

'krks± ds v/hu jgrs gq,] Øe'k% mDr [kfut vkSj v;Ldksa dk

psUubZ esa] fu;kZr iwoZ fujh{k.k djus ds fy, ,d vfHkdj.k ds :i

esa ekU;rk iznku djrh gS] vFkkZr~ %—

(i)

eSllZ bUlisDVksjsV fxzIFk bafM;k izkbosV fyfeVsM 23] jktkth

lykbZ] pkSFkk ry] ih-Vh-yh- psaxkyokj;k ukbdj ekyhxbZ]

iSjht] psUubZ&600001] [kfut vkSj v;Ld lewg&I dk

fu;kZr (fujh{k.k) fu;e] 1965 vkSj [kfut vkSj v;Ld

lewg&II fu;kZr (fujh{k.k) fu;e] 1965 ds fu;e 4 ds

v/hu fujh{k.k dk dk;kZUo;u djus ds fy, muds }kjk

viukbZ xbZ fujh{k.k i¼fr dk tkap djus ds fy, bl

fufeÙk fu;kZr fujh{k.k ifj"kn~ }kjk ukefu£n"V vf/dkfj;ksa

dks i;kZIr lqfo/k,a nsxh_ vkSj

(ii) eSllZ bUlisDVksjsV fxzIFk bafM;k izkbosV fyfeVsM 23] jktkth

lykbZ] pkSFkk ry] ih-Vh-yh- psaxkyokj;k ukbdj ekyhxbZ]

iSjht] psUubZ&600001] bl vf/lwpuk ds v/hu vius

ÑR;ksa ds ikyu esa funs'kd (fujh{k.k vkSj DokfyVh fu;a=k.k)

fu;kZr fujh{k.k ifj"kn~ }kjk le;≤ ij fyf[kr esa :i

esa fn, x, funs'kksa ls vkc¼ gksaxs A

¹iQk- la- 4@8@2015&fu;kZr fujh{k.kº

larks"k dqekj lkjaxh] la;qDr lfpo

New Delhi, the 15th March, 2016

S.O. 491.—In exercise of the powers conferred by

sub-section (1) of section 7 of the Export (Quality Control

and Inspection) Act, 1963 (22 of 1963) read with sub-rule

(2) of rule 12 of the Export (Quality Control and Inspection)

Rules, 1964, the Central Government hereby recognises

M/s Inspectorate Griffith India Pvt. Ltd., 23, Rajaji Salai, 4th

Floor, P.T Lee Chengalvarya Naicker Maaligai, Parryes,

Chennai- 600001, as an agency for a period of three years

from the date of publication of this notification, for

inspection of Minerals and Ores Group- I, namely, Iron Ore

and Manganese Ore and Group-II, namely, Manganese

dioxide, Barytes and Feldspar, specified in the Schedule

annexed to the notification of the Government of India in

the Ministry of Commerce vide number S.O. 3975, dated

the 20th December 1965, and S.O 3978, dated the 20th

December, 1965 respectively, prior to export of the said

Minerals and Ores at Chennai subject to the following

conditions, namely: —

(i)

that M/s Inspectorate Griffith India Pvt. Ltd., 23,

Rajaji Salai, 4th Floor, P.T Lee Chengalvarya Naicker

Maaligai, Parryes, Chennai- 600001 shall give

adequate facilities to the officers nominated by the

Export Inspection Council in this behalf to examine

the method of inspection followed by them in

carrying out the inspection under rule 4 of the Export

of Minerals and Ores, Group-I (Inspection) Rules,

1965 and the Export of Minerals and Ores, Group-II

(Inspection) Rules, 1965; and

(ii)

that M/s Inspectorate Griffith India Pvt. Ltd., 23,

Rajaji Salai, 4th Floor, P.T Lee Chengalvarya Naicker

Maaligai, Parryes, Chennai- 600001 in the

performance of their function under this notification

shall be bound by such directions as the Director

(Inspection and Quality Control), Export Inspection

Council may give in writing from time to time.

[F. No. 4/8/2015-Export Inspection]

SANTOSH KUMAR SARANGI, Jt. Secy.

ubZ fnYyh] 15 ekpZ] 2016

dk-vk- 492-—dsUæh; ljdkj] fu;kZr (DokfyVh fu;a=k.k

vkSj fujh{k.k) fu;e] 1964 ds fu;e 12 ds mifu;e (2) ds lkFk

ifBr fu;kZr (DokfyVh fu;a=k.k vkSj fujh{k.k) vf/fu;e] 1963

(1963 dk 22) dh /kjk 7 dh mi&/kjk (1) }kjk iznÙk 'kfDr;ksa

dk iz;ksx djrs gq,] eSllZ fe=kk ,l-ds- izkbosV fyfeVsM] Mksj

ua- 8&45&9@2@1 ch] lh] fo|kuxj dkyksuh] pkSFkh ysu] vksYM

lhchvkbZ MkÅu ds lehi fo'kk[kkiÙkue&530003] dks bl

vfèklwpuk] ds jkti=k esa izdk'ku dh rkjh[k ls rhu o"kZ dh vof/

ds fy, Hkkjr ljdkj ds okf.kT; ea=kky; dh vfèklwpuk la[;kad

dk-vk- 3975 rkjh[k 20 fnlEcj] 1965 vkSj la[;kad dk-vk- 3978

rkjh[k 20 fnlEcj] 1965 ls mikc¼ vuqlwph esa fofu£n"V [kfut

1050

THE GAZETTE OF INDIA : MARCH 19, 2016/PHALGUNA 29, 1937

[PART II—SEC. 3(ii)]

vkSj v;Ld (lewg&I)] vFkkZr~ ykSg v;Ld vkSj eSaxuht v;Ld]

isQjkseSaxuht vkSj ckWDlkbV vkSj lewg&II] Økse lfgr dsafær Økse

v;Ld dk fuEufyf[kr 'krks± ds v/hu jgrs gq,] Øe'k% mDr

[kfut vkSj v;Ldksa dk fo'kk[kkiÙkue vkSj xaxkoje esa] fu;kZr

iwoZ fujh{k.k djus ds fy, ,d vfHkdj.k ds :i esa ekU;rk iznku

djrh gS] vFkkZr~ %—

(i)

eSllZ fe=kk ,l-ds- izkbosV fyfeVsM] Mksj ua- 8&45&9@2@1

ch] lh] fo|kuxj dkyksuh] pkSFkh ysu] vksYM lhchvkbZ

MkÅu ds lehi fo'kk[kkiÙkue&530003] [kfut vkSj v;Ld

lewg&I dk fu;kZr (fujh{k.k) fu;e] 1965 vkSj [kfut

vkSj v;Ld lewg&II fu;kZr (fujh{k.k) fu;e] 1965 ds

fu;e 4 ds v/hu fujh{k.k dk dk;kZUo;u djus ds fy,

muds }kjk viukbZ xbZ fujh{k.k i¼fr dh tkap djus ds

fy, bl fufeÙk fu;kZr fujh{k.k ifj"kn~ }kjk ukefu£n"V

vfèkdkfj;ksa dks i;kZIr lqfo/k,a nsxh_ vkSj

(ii) eSllZ fe=kk ,l-ds- izkbosV fyfeVsM] Mksj ua- 8&45&9@2@1

ch] lh] fo|kuxj dkyksuh] pkSFkh ysu] vksYM lhchvkbZ

MkÅu ds lehi fo'kk[kkiÙkue&530003] bl vf/lwpuk

ds v/hu vius dk;ks± ds ikyu esa funs'kd (fujh{k.k vkSj

DokfyVh fu;a=k.k) fu;kZr fujh{k.k ifj"kn~ }kjk le;≤

ij fyf[kr esa :i esa fn, x, funs'kksa ls vkc¼ gksaxs A

¹iQk- la- 4@1@2016&fu;kZr fujh{k.kº

larks"k dqekj lkjaxh] la;qDr lfpo

New Delhi, the 15th March, 2016

S.O. 492.—In exercise of the powers conferred by

sub-section (1) of section 7 of the Export (Quality Control

and Inspection) Act, 1963 (22 of 1963), read with sub-rule

(2) of rule 12 of the Export (Quality Control and Inspection)

Rules, 1964, the Central Government hereby recognises

M/s. Mitra S.K. Pvt Ltd., Door No. 8-45-9/2/1 B,C, Vidyanagar

Colony, 4th Lane, Near Old CBI Down, Visakhapatnam-530

003, as an agency for a period of three years from the date

of publication of this notification, for inspection of Minerals

and Ores (Group- I), namely, Iron ore, manganese ore ,

Ferro Manganese and Bauxite and Group II Chrome Ore

including Chrome concentrates, specified in the Schedule

annexed to the notification of the Government of India in

the Ministry of Commerce vide number S.O. 3975, dated

the 20th December 1965 and S.O 3978, dated the 20th

December, 1965 respectively, prior to export of the said

Minerals and Ores at Vishakhapatnam and Gangavaram

subject to the following conditions, namely: -

(i)

that M/s Mitra S.K. Pvt. Ltd., Door No. 8-45-9/2/1

B,C, Vidyanagar Colony, 4th Lane, Near Old CBI

Down, Visakhapatnam-530 003, shall give adequate

facilities to the officers nominated by the Export

Inspection Council in this behalf to examine the

method of inspection followed by them in carrying

out the inspection under rule 4 of the Export of

Minerals and Ores, Group-I (Inspection) Rules, 1965

and the Export of Minerals and Ores, Group-II

(Inspection) Rules, 1965; and

(ii)

that M/s Mitra S.K Pvt. Ltd., Door No. 8-45-9/2/1

B,C, Vidyanagar Colony, 4th Lane, Near Old CBI

Down, Visakhapatnam-530 003, in the performance

of their function under this notification shall be

bound by such directions as the Director (Inspection

and Quality Control), Export Inspection Council may

give in writing from time to time.

[F. No. 4/1/2016-Export Inspection]

SANTOSH KUMAR SARANGI, Jt. Secy.

ukxj foekuu ea=kky;

ubZ fnYyh] 11 ekpZ] 2016

dk-vk- 493-—dsUnzh; ljdkj] jktHkk"kk (la?k ds 'kkldh;

iz;kstuksa ds fy, iz;ksx) fu;e] 1976 ds fu;e 10 ds mi&fu;e

(4) ds vuqlj.k esa] ukxj foekuu ea=kky; ds lac¼ dk;kZy;

ukxj foekuu egkfuns'kky; ds {ks=kh; dk;kZy; mi funs'kd]

mM+u;ksX;rk dk dk;kZy;] y[kuÅ dks ,rn~}kjk vfèklwfpr djrh

gS D;ksafd muds 80 izfr'kr ls vf/d deZpkjh&oU`n us fganh dk

dk;Zlk/d Kku izkIr dj fy;k gS A

¹la- bZ-&11014@9@2015&jk-Hkk-º

vfuy JhokLro] la;qDr lfpo

MINISTRY OF CIVIL AVIATION

New Delhi, the 11th March, 2016

S.O. 493.—In pursuance of sub-rules (4) of Rule 10

of the Official Languages (Use for the Official Purposes of

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

notifies the Directorate General of Civil Aviation O/o Deputy

Director, Airwothiness Civil Aviation Department Lucknow

an attached of Ministry of Civil Aviation, whereof, more

than 80% staff have acquired the working knowledge of

Hindi.

[No. E-11014/9/2015-OL]

ANIL SRIVASTVA, Jt. Secy.

ekuo lalk/u fodkl ea=kky;

(mPprj f'k{kk foHkkx)

(jktHkk"kk ;wfuV)

ubZ fnYyh] 14 ekpZ] 2016

dk-vk- 494-—dsUnzh; ljdkj] jktHkk"kk (la?k ds 'kkldh;

iz;kstuksa ds fy, iz;ksx) fu;e] 1976 ds fu;e 10 ds mi&fu;e (4)

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1051

ds vuqlj.k esa] ekuo lalk/u fodkl ea=kky; (Ldwy f'k{kk ,oa

lk{kjrk foHkkx) ds varxZr uoksn; fo|ky; lfefr] uks,Mk ds

varxZr tokgj uoksn; fo|ky; xkao&'kjiQkckn] iksLV&iqQysjk]

ftyk&ckxir] m-iz- fiu % 201101 dks] ,sls dk;kZy; ds :i esa]

ftlds 80 izfr'kr ls vf/d deZpkjh&oU`n us fganh dk dk;Zlk/d

Kku izkIr dj fy;k gS] vfèklwfpr djrh gS A

¹la- 11011&2@2015&jk-Hkk-,-º

lq[kchj ¯lg la/w] la;qDr lfpo

MINISTRY OF HUMAN RESOURCE

DEVELOPMENT

(Department of Higher Education)

(O. L. UNIT)

New Delhi, the 14th March, 2016

S.O. 494.—In pursuance of sub-rule (4) of Rule 10

of the Official Languages (Use for the Official Purposes of

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

notify the Jawahar Navodaya Vidyalaya Vill.-Sharfabad,

Post-Phulera, Distt. Baghpat (U.P.) Pin-201101 of Navodaya

Vidyalaya Samiti, Noida under the Ministry of Human

Resource Development (Department of School Education

and Literacy) as an office, whose more than 80% members

of the staff have acquired the working knowledge of Hindi.

[No. 11011-2/2015-OLU]

SUKHBIR SINGH SANDHU, Jt. Secy.

Je ,oa jkstxkj ea=kky;

ubZ fnYyh] 7 ekpZ] 2016

dk-vk- 495-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj fnYyh esVªks jsy

dkjiksjs'ku@chohth bafM;k fyfeVsM ds çcaèkra=k ds lac¼ fu;kstdksa

vkSj muds deZdkj ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;&2] fnYyh

ds iapkV (lanHkZ la- 91@14) dks çdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 07@03@2016 dks çkIr gqvk FkkA

¹la- ,y&42025@03@2016&vkbZvkj (Mh;w)º

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

MINISTRY OF LABOUR AND EMPLOYMENT

New Delhi, the 7th March, 2016

S.O. 495.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 91/14)

of the Central Government Industrial Tribunal-cum-

Labour Court No. II, Delhi now as shown in the Annexure

in the Industrial Dispute between the employers in relation

to the management of the Delhi Metro Rail Corporation/

BVG India Ltd. and their workmen, which was received

by the Central Government on 07/03/2016.

[No. L-42025/03/2016-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL- CUM-LABOUR COURT-II, DELHI

Present :- Shri Harbansh Kumar Saxena

ID No. 91/14

Sh.Hare Ram S/o Shri Hardev Ram,

R/o A-22 , Mohan. Co. Opt Industrial Estate,

Near Metro Station J.J. Colony,

Madanpur Khadar,

New Delhi-110076

...Workman

VERSUS

1. M/s Delhi Metro Rail Corporation

(Principal Employer),

Fire Brigade Lane,

Barakhamba Road,

New Delhi 110001.

2. M/s BVG India Ltd.

106, Mercantile House, Ist Floor,

15, K.G. Marg,

New Delhi-110001

(Contractor)

...Respondent/Management

AWARD

The claimant/workman filed his claim statement u/s

2-A of I.D. Act on 2.12.2014. Which was registered as I.D.

No. 91/2014 and notice were issued to respondents.

Through which he sought following relief:-

1. Reinstatement alongwith full back wages.

2. Rs. 25000/- as expenses of the case.

3. Any other relief which court deems fit to be

granted to workman.

Written statement on behalf of respondents have

been filed through which they denied the allegation of the

claim statement and prayed for dismissal of claim statement.

Workman filed rejoinder on 3.07.2015. Through which

workman /claimant reaffirmed the contents of claim

statement alongwith prayer of the claim statement.

At the stage of framing of issues parties settled their

dispute through settlement and settlement report has been

filed by respondent No. 2.

MW1 Sh. Umesh Chand Sharma confirmed

settlement of Rs. 9000/- through cheque and Rs. 2000/- as

cash.

1052

THE GAZETTE OF INDIA : MARCH 19, 2016/PHALGUNA 29, 1937

[PART II—SEC. 3(ii)]

So claim stands satisfied. An award is accordingly

passed. It be sent to the appropriate Government for

publication.

Dated : 24.02.2016

HARBANSH KUMAR SAXENA, Presiding Officer

ubZ fnYyh] 7 ekpZ] 2016

dk-vk- 496-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj fnYyh esVªks jsy

dkjiksjs'ku@chohth bafM;k fyfeVsM ds çcaèkra=k ds lac¼ fu;kstdksa

vkSj muds deZdkj ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;&2] fnYyh

ds iapkV (lanHkZ la- 92@14) dks çdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 07@03@2016 dks çkIr gqvk FkkA

¹la- ,y&42025@03@2016&vkbZvkj (Mh;w)º

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

New Delhi, the 7th March, 2016

S.O. 496.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 92/14)

of the Central Government Industrial Tribunal-cum-

Labour Court No. 2, Delhi now as shown in the Annexure

in the Industrial Dispute between the employers in relation

to the management of the Delhi Metro Rail Corporation/

BVG India Ltd. and their workmen, which was received

by the Central Government on 07/03/2016.

[No. L-42025/03/2016-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL- CUM-LABOUR COURT-II, DELHI

Present :- Shri Harbansh Kumar Saxena

ID No. 92/14

Sh. Ramkrit S/o Shri Mishri Lal,

R/o A-1/346 ,

J.J. Colony,

Madanpur Khadar,

New Delhi-110076

...Workman

VERSUS

1. M/s Delhi Metro Rail Corporation

(Principal Employer),

Fire Brigade Lane,

Barakhamba Road,

New Delhi-110001.

2. M/s BVG India Ltd.

106, Mercantile House, Ist Floor,

15 K.G. Marg,

New Delhi-110001

(Contractor)

...Respondent/Management

AWARD

The claimant/workman filed his claim statement u/s

2-A of I.D. Act on 2.12.2014. Which was registered as I.D.

No. 92/2014 and notice were issued to respondents.

Through which he sought following relief:-

1. Reinstatement alongwith full back wages.

2. Rs. 25000/- as expenses of the case.

3. Any other relief which court deems fit to be

granted to workman.

Written statement on behalf of respondents have

been filed through which they denied the allegation of the

claim statement and prayed for dismissal of claim statement.

Workman filed rejoinder on 3.07.2015. Through which

workman/claimant reaffirmed the contents of claim

statement along with prayer of the claim statement.

At the stage of framing of issues parties settled their

dispute through settlement and settlement report has been

filed by respondent No. 2.

MW1 Sh. Umesh Chand Sharma confirmed

settlement of Rs. 22000/- through cheque and Rs. 3000/- as

cash.

So claim stands satisfied. An award is accordingly

passed. It be sent to the appropriate Government for

publication.

Dated : 24.02.2016

HARBANSH KUMAR SAXENA, Presiding Officer

ubZ fnYyh] 7 ekpZ] 2016

dk-vk- 497-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj fnYyh esVªks jsy

dkjiksjs'ku@chohth bafM;k fyfeVsM ds çcaèkra=k ds lac¼ fu;kstdksa

vkSj muds deZdkj ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;&2] fnYyh

ds iapkV (lanHkZ la- 93@14) dks çdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 07@03@2016 dks çkIr gqvk FkkA

¹la- ,y&42025@03@2016&vkbZvkj (Mh;w)º

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

New Delhi, the 7th March, 2016

S.O. 497.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 93/14)

of the Central Government Industrial Tribunal-cum-

Labour Court No. II, Delhi now as shown in the Annexure

in the Industrial Dispute between the employers in relation

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1053

to the management of the Delhi Metro Rail Corporation/

BVG India Ltd. and their workmen, which was received

by the Central Government on 07/03/2016.

[No. L-42025/03/2016-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL- CUM-LABOUR COURT-II, DELHI

Present :- Shri Harbansh Kumar Saxena

ID No. 93/14

Sh. Kamlesh Yadav S/o Shri Shiv Narayan,

R/o A-2/343,

J.J. Colony,

Madanpur Khadar,

New Delhi-110076

...Workman

VERSUS

1. M/s Delhi Metro Rail Corporation

(Principal Employer),

Fire Brigade Lane,

Barakhamba Road,

New Delhi-110001.

2. M/s BVG India Ltd. 106,

Mercantile House, Ist Floor,

15 K.G. Marg,

New Delhi-110001

(Contractor)

...Respondent/Management

AWARD

The claimant/workman filed his claim statement u/s

2-A of I.D. Act on 2.12.2014. Which was registered as I.D.

No. 93/2014 and notice were issued to respondents.

Through which he sought following relief:-

1. Reinstatement alongwith full back wages.

2. Rs. 25000/- as expenses of the case.

3. Any other relief which court deems fit to be

granted to workman.

Written statement on behalf of respondents have

been filed through which they denied the allegation of the

claim statement and prayed for dismissal of claim statement.

Workman filed rejoinder on 3.07.2015. Through which

workman/claimant reaffirmed the contents of claim

statement alongwith prayer of the claim statement.

At the stage of framing of issues parties settled their

dispute through settlement and settlement report has been

filed by respondent no. 2.

WW1 Sh. Kamlesh Yadav confirmed settlement of

Rs. 9000/- through cheque and Rs. 2000/- as cash.

So claim stands satisfied. An award is accordingly

passed. It be sent to the appropriate Government for

publication.

Dated : 24.02.2016

HARBANSH KUMAR SAXENA, Presiding Officer

ubZ fnYyh] 7 ekpZ] 2016

dk-vk- 498-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj fnYyh esVªks jsy

dkjiksjs'ku@chohth bafM;k fyfeVsM ds çcaèkra=k ds lac¼ fu;kstdksa

vkSj muds deZdkj ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;&2] fnYyh

ds iapkV (lanHkZ la- 94@14) dks çdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 07@03@2016 dks çkIr gqvk FkkA

¹la- ,y&42025@03@2016&vkbZvkj (Mh;w)º

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

New Delhi, the 7th March, 2016

S.O. 498.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 94/14)

of the Central Government Industrial Tribunal-cum-

Labour Court No. II, Delhi now as shown in the Annexure

in the Industrial Dispute between the employers in relation

to the management of the Delhi Metro Rail Corporation/

BVG India Ltd. and their workmen, which was received

by the Central Government on 07/03/2016.

[No. L-42025/03/2016-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL- CUM-LABOUR COURT-II, DELHI

Present :- Shri Harbansh Kumar Saxena

ID No. 94/14

Sh. Sanjay Kumar S/o Shri Ram Jiyawan,

R/o 641,

J.J. Colony,

Madanpur Khadar,

New Delhi-110076

...Workman

VERSUS

1. M/s Delhi Metro Rail Corporation

(Principal Employer),

Fire Brigade Lane,

Barakhamba Road,

New Delhi-110001.

2. M/s BVG India Ltd. 106,

Mercantile House, Ist Floor,

15 K.G. Marg,

1054

THE GAZETTE OF INDIA : MARCH 19, 2016/PHALGUNA 29, 1937

[PART II—SEC. 3(ii)]

New Delhi-110001

(Contractor)

...Respondent/Management

AWARD

The claimant/workman filed his claim statement u/s

2-A of I.D. Act on 2.12.2014. Which was registered as I.D.

No. 94/2014 and notice were issued to respondents.

Through which he sought following relief:-

1. Reinstatement alongwith full back wages.

2. Rs. 25000/- as expenses of the case.

3. Any other relief which court deems fit to be

granted to workman.

Written statement on behalf of respondents have

been filed through which they denied the allegation of the

claim statement and prayed for dismissal of claim statement.

Workman filed rejoinder on 3.07.2015. Through which

workman/claimant reaffirmed the contents of claim

statement alongwith prayer of the claim statement.

At the stage of framing of issues parties settled their

dispute through settlement and settlement report has been

filed by respondent no. 2.

WW1 Sh. Sanjay Kumar confirmed settlement of

Rs. 9000/- through cheque and Rs. 2000/- as cash.

So claim stands satisfied. An award is accordingly

passed. It be sent to the appropriate Government for

publication.

Dated : 24.02.2016

HARBANSH KUMAR SAXENA, Presiding Officer

ubZ fnYyh] 7 ekpZ] 2016

dk-vk- 499-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj fnYyh esVªks jsy

dkjiksjs'ku@chohth bafM;k fyfeVsM ds çcaèkra=k ds lac¼ fu;kstdksa

vkSj muds deZdkj ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;&2] fnYyh

ds iapkV (lanHkZ la- 95@14) dks çdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 07@03@2016 dks çkIr gqvk FkkA

¹la- ,y&42025@03@2016&vkbZvkj (Mh;w)º

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

New Delhi, the 7th March, 2016

S.O. 499.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 95/14)

of the Central Government Industrial Tribunal-cum-

Labour Court No. II, Delhi now as shown in the Annexure

in the Industrial Dispute between the employers in relation

to the management of the Delhi Metro Rail Corporation/

BVG India Ltd. and their workmen, which was received

by the Central Government on 07/03/2016.

[No. L-42025/03/2016-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL- CUM-LABOUR COURT-II, DELHI

Present :- Shri Harbansh Kumar Saxena

ID No. 95/14

Sh. Chandra Pal S/o Shri Budhi Ram,

R/o A-1/344,

J.J. Colony,

Madanpur Khadar,

New Delhi-110076

...Workman

VERSUS

1. M/s Delhi Metro Rail Corporation

(Principal Employer),

Fire Brigade Lane,

Barakhamba Road,

New Delhi 110001.

2. M/s BVG India Ltd. 106,

Mercantile House, Ist Floor,

15 K.G. Marg,

New Delhi-110001

(Contractor)

...Respondent/Management

AWARD

The claimant/workman filed his claim statement u/s

2-A of I.D. Act on 2.12.2014. Which was registered as I.D.

No. 95/2014 and notice were issued to respondents.

Through which he sought following relief:-

1. Reinstatement alongwith full back wages.

2. Rs. 25000/- as expenses of the case.

3. Any other relief which court deems fit to be

granted to workman.

Written statement on behalf of respondents have

been filed through which they denied the allegation of the

claim statement and prayed for dismissal of claim statement.

Workman filed rejoinder on 02.06.2015. Through

which workman/claimant reaffirmed the contents of claim

statement alongwith prayer of the claim statement.

At the stage of framing of issues parties settled their

dispute through settlement and settlement report has been

filed by respondent no. 2.

MW1 Sh. Umesh Chand Sharma confirmed

settlement of Rs. 9000/- through cheque and Rs. 2000/- as

cash.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1055

So claim stands satisfied. An award is accordingly

passed. It be sent to the appropriate Government for

publication.

Dated : 24.02.2016

HARBANSH KUMAR SAXENA, Presiding Officer

ubZ fnYyh] 7 ekpZ] 2016

dk-vk- 500-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj fnYyh esVªks jsy

dkjiksjs'ku@chohth bafM;k fyfeVsM ds çcaèkra=k ds lac¼ fu;kstdksa

vkSj muds deZdkj ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;&2] fnYyh

ds iapkV (lanHkZ la- 96@14) dks çdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 07@03@2016 dks çkIr gqvk FkkA

¹la- ,y&42025@03@2016&vkbZvkj (Mh;w)º

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

New Delhi, the 7th March, 2016

S.O. 500.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 96/14)

of the Central Government Industrial Tribunal-cum-

Labour Court No. II, Delhi now as shown in the Annexure

in the Industrial Dispute between the employers in relation

to the management of the Delhi Metro Rail Corporation/

BVG India Ltd. and their workmen, which was received

by the Central Government on 07/03/2016.

[No. L-42025/03/2016-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL- CUM-LABOUR COURT-II, DELHI

Present :- Shri Harbansh Kumar Saxena

ID No. 96/14

Sh. Puran S/o Shri Nand Kishor,

R/o D-390,

J.J. Colony,

Madanpur Khadar,

New Delhi-110076

...Workman

VERSUS

1. M/s Delhi Metro Rail Corporation

(Principal Employer),

Fire Brigade Lane,

Barakhamba Road,

New Delhi-110001.

2. M/s BVG India Ltd. 106,

Mercantile House, Ist Floor,

15 K.G. Marg,

New Delhi-110001

(Contractor)

...Respondent/Management

AWARD

The claimant/workman filed his claim statement u/s

2-A of I.D. Act on 2.012.2014. Which was registered as I.D.

No. 96/2014 and notice were issued to respondents.

Through which he sought following relief:-

1. Reinstatement alongwith full back wages.

2. Rs. 25000/- as expenses of the case.

3. Any other relief which court deems fit to be

granted to workman.

Written statement on behalf of respondents have

been filed through which they denied the allegation of the

claim statement and prayed for dismissal of claim statement.

Workman filed rejoinder on 02.06.2015. Through

which workman/claimant reaffirmed the contents of claim

statement alongwith prayer of the claim statement.

At the stage of framing of issues parties settled their

dispute through settlement and settlement report has been

filed by respondent no. 2.

MW1 Sh. Umesh Chand Sharma confirmed

settlement of Rs. 9000/- through cheque and Rs. 2000/- as

cash.

So claim stands satisfied. An award is accordingly

passed. It be sent to the appropriate Government for

publication.

Dated : 24.02.2016

HARBANSH KUMAR SAXENA, Presiding Officer

ubZ fnYyh] 7 ekpZ] 2016

dk-vk- 501-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj fnYyh esVªks jsy

dkjiksjs'ku@chohth bafM;k fyfeVsM ds çcaèkra=k ds lac¼ fu;kstdksa

vkSj muds deZdkj ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;&2] fnYyh

ds iapkV (lanHkZ la- 97@14) dks çdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 07@03@2016 dks çkIr gqvk FkkA

¹la- ,y&42025@03@2016&vkbZvkj (Mh;w)º

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

New Delhi, the 7th March, 2016

S.O. 501.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 97/14)

of the Central Government Industrial Tribunal-cum-

Labour Court No. II, Delhi now as shown in the Annexure

in the Industrial Dispute between the employers in relation

1056

THE GAZETTE OF INDIA : MARCH 19, 2016/PHALGUNA 29, 1937

[PART II—SEC. 3(ii)]

to the management of the Delhi Metro Rail Corporation/

BVG India Ltd. and their workmen, which was received

by the Central Government on 07/03/2016.

[No. L-42025/03/2016-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL- CUM-LABOUR COURT-II, DELHI

Present :- Shri Harbansh Kumar Saxena

ID No. 97/14

Sh. Dev Kumar,

R/o 637,

Sanjay Colony,

Okhla Phase-II,

New Delhi-110020

...Workman

VERSUS

1. M/s Delhi Metro Rail Corporation

(Principal Employer),

Fire Brigade Lane,

Barakhamba Road,

New Delhi-110001.

2. M/s BVG India Ltd. 106,

Mercantile House, Ist Floor,

15 K.G. Marg,

New Delhi-110001

(Contractor)

...Respondent/Management

AWARD

The claimant/workman filed his claim statement u/s

2-A of I.D. Act on 2.12.2014. Which was registered as I.D.

No. 97/2014 and notice were issued to respondents.

Through which he sought following relief:-

1. Reinstatement alongwith full back wages.

2. Rs. 25000/- as expenses of the case.

3. Any other relief which court deems fit to be

granted to workman.

Written statement on behalf of respondents have

been filed through which they denied the allegation of the

claim statement and prayed for dismissal of claim statement.

Workman filed rejoinder on 02.06.2015. Through

which workman/claimant reaffirmed the contents of claim

statement alongwith prayer of the claim statement.

At the stage of framing of issues parties settled their

dispute through settlement and settlement report has been

filed by respondent no. 2.

MW1 confirmed settlement of Rs. 9000/- through

cheque and Rs. 2000/- as cash.

So claim stands satisfied. An award is accordingly

passed. It be sent to the appropriate Government for

publication.

Dated : 24.02.2016

HARBANSH KUMAR SAXENA, Presiding Officer

ubZ fnYyh] 7 ekpZ] 2016

dk-vk- 502-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj fnYyh esVªks jsy

dkjiksjs'ku@chohth bafM;k fyfeVsM ds çcaèkra=k ds lac¼ fu;kstdksa

vkSj muds deZdkj ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;&2] fnYyh

ds iapkV (lanHkZ la- 98@14) dks çdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 07@03@2016 dks çkIr gqvk FkkA

¹la- ,y&42025@03@2016&vkbZvkj (Mh;w)º

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

New Delhi, the 7th March, 2016

S.O. 502.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 98/14)

of the Central Government Industrial Tribunal-cum-

Labour Court No. II, Delhi now as shown in the Annexure

in the Industrial Dispute between the employers in relation

to the management of the Delhi Metro Rail Corporation/

BVG India Ltd. and their workmen, which was received

by the Central Government on 07/03/2016.

[No. L-42025/03/2016-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL- CUM-LABOUR COURT-II, DELHI

Present :- Shri Harbansh Kumar Saxena

ID No. 98/14

Sh. Anjulas S/o Shri Maulush,

R/o 105, Jasola Village,

Jamia Nagar,

Sarita Vihar,

New Delhi-110076

...Workman

VERSUS

1. M/s Delhi Metro Rail Corporation

(Principal Employer),

Fire Brigade Lane,

Barakhamba Road,

New Delhi-110001.

2. M/s BVG India Ltd. 106,

Mercantile House, Ist Floor,

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1057

15 K.G. Marg,

New Delhi-110001

(Contractor)

...Respondent/Management

AWARD

The claimant/workman filed his claim statement u/s

2-A of I.D. Act on 2.12.2014. Which was registered as I.D.

No. 98/2014 and notice were issued to respondents.

Through which he sought following relief:-

1. Reinstatement alongwith full back wages.

2. Rs. 25000/- as expenses of the case.

3. Any other relief which court deems fit to be

granted to workman.

Written statement on behalf of respondents have

been filed through which they denied the allegation of the

claim statement and prayed for dismissal of claim statement.

Workman filed rejoinder on 22.05.2015. Through

which workman/claimant reaffirmed the contents of claim

statement alongwith prayer of the claim statement.

At the stage of framing of issues parties settled their

dispute through settlement and settlement report has been

filed by respondent no. 2.

MW1 Sh. Anjulas confirmed settlement of Rs. 9000/-

through cheque and Rs. 2000/- as cash.

So claim stands satisfied. An award is accordingly

passed. It be sent to the appropriate Government for

publication.

Dated : 24.02.2016

HARBANSH KUMAR SAXENA, Presiding Officer

ubZ fnYyh] 7 ekpZ] 2016

dk-vk- 503-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj fnYyh esVªks jsy

dkjiksjs'ku@chohth bafM;k fyfeVsM ds çcaèkra=k ds lac¼ fu;kstdksa

vkSj muds deZdkj ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;&2] fnYyh

ds iapkV (lanHkZ la- 99@14) dks çdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 07@03@2016 dks çkIr gqvk FkkA

¹la- ,y&42025@03@2016&vkbZvkj (Mh;w)º

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

New Delhi, the 7th March, 2016

S.O. 503.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 99/14)

of the Central Government Industrial Tribunal-cum-

Labour Court No. II, Delhi now as shown in the Annexure

in the Industrial Dispute between the employers in relation

to the management of the Delhi Metro Rail Corporation/

BVG India Ltd. and their workmen, which was received

by the Central Government on 07/03/2016.

[No. L-42025/03/2016-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL- CUM-LABOUR COURT-II, DELHI

Present :- Shri Harbansh Kumar Saxena

ID No. 99/14

Sh. Jagpal Singh S/o Shri Sonpal,

R/o A-70, Harkesh Nagar,

Okhla Phase-II,

New Delhi-110020

...Workman

VERSUS

1. M/s Delhi Metro Rail Corporation

(Principal Employer),

Fire Brigade Lane,

Barakhamba Road,

New Delhi-110001.

2. M/s BVG India Ltd. 106,

Mercantile House, Ist Floor,

15 K.G. Marg,

New Delhi-110001

(Contractor)

...Respondent/Management

AWARD

The claimant/workman filed his claim statement u/s

2-A of I.D. Act on 2.12.2014. Which was registered as I.D.

No. 99/2014 and notice were issued to respondents.

Through which he sought following relief:-

1. Reinstatement alongwith full back wages.

2. Rs. 25000/- as expenses of the case.

3. Any other relief which court deems fit to be

granted to workman.

Written statement on behalf of respondents have

been filed through which they denied the allegation of the

claim statement and prayed for dismissal of claim statement.

Workman filed rejoinder on 22.05.2015. Through

which workman/claimant reaffirmed the contents of claim

statement alongwith prayer of the claim statement.

At the stage of framing of issues parties settled their

dispute through settlement and settlement report has been

filed by respondent no. 2.

MW1 Sh. Umesh Chand Sharma confirmed

settlement of Rs. 9000/- through cheque and Rs. 2000/- as

cash.

1058

THE GAZETTE OF INDIA : MARCH 19, 2016/PHALGUNA 29, 1937

[PART II—SEC. 3(ii)]

So claim stands satisfied. An award is accordingly

passed. It be sent to the appropriate Government for

publication.

Dated : 24.02.2016

HARBANSH KUMAR SAXENA, Presiding Officer

ubZ fnYyh] 7 ekpZ] 2016

dk-vk- 504-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj fnYyh esVªks jsy

dkjiksjs'ku@chohth bafM;k fyfeVsM ds çcaèkra=k ds lac¼ fu;kstdksa

vkSj muds deZdkj ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;&2] fnYyh

ds iapkV (lanHkZ la- 101@14) dks çdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 07@03@2016 dks çkIr gqvk FkkA

¹la- ,y&42025@03@2016&vkbZvkj (Mh;w)º

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

New Delhi, the 7th March, 2016

S.O. 504.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 101/14)

of the Central Government Industrial Tribunal-cum-

Labour Court No. II, Delhi now as shown in the Annexure

in the Industrial Dispute between the employers in relation

to the management of the Delhi Metro Rail Corporation/

BVG India Ltd. and their workmen, which was received

by the Central Government on 07/03/2016.

[No. L-42025/03/2016-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL- CUM-LABOUR COURT-II, DELHI

Present :- Shri Harbansh Kumar Saxena

ID No. 101/14

Sh. Toofani S/o Shri Ram Tapeshwar,

R/o 728, J.J. Colony,

Madanpur Khadar,

New Delhi-110076

...Workman

VERSUS

1. M/s Delhi Metro Rail Corporation

(Principal Employer),

Fire Brigade Lane,

Barakhamba Road,

New Delhi-110001.

2. M/s BVG India Ltd. 106,

Mercantile House, Ist Floor,

15 K.G. Marg,

New Delhi-110001

(Contractor)

...Respondent/Management

AWARD

The claimant/workman filed his claim statement u/s

2-A of I.D. Act on 2.12.2014. Which was registered as I.D.

No. 101/2014 and notice were issued to respondents.

Through which he sought following relief:-

1. Reinstatement alongwith full back wages.

2. Rs. 25000/- as expenses of the case.

3. Any other relief which court deems fit to be

granted to workman.

Written statement on behalf of respondents have

been filed through which they denied the allegation of the

claim statement and prayed for dismissal of claim statement.

Workman filed rejoinder on 22.05.2015. Through

which workman/claimant reaffirmed the contents of claim

statement alongwith prayer of the claim statement.

At the stage of framing of issues parties settled their

dispute through settlement and settlement report has been

filed by respondent no. 2.

MW1 Sh. Umesh Chand Sharma confirmed

settlement of Rs. 22000/- through cheque and Rs. 3000/- as

cash.

So claim stands satisfied. An award is accordingly

passed. It be sent to the appropriate Government for

publication.

Dated : 24.02.2016

HARBANSH KUMAR SAXENA, Presiding Officer

ubZ fnYyh] 7 ekpZ] 2016

dk-vk- 505-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj fnYyh esVªks jsy

dkjiksjs'ku@chohth bafM;k fyfeVsM ds çcaèkra=k ds lac¼ fu;kstdksa

vkSj muds deZdkj ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;&2] fnYyh

ds iapkV (lanHkZ la- 102@14) dks çdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 07@03@2016 dks çkIr gqvk FkkA

¹la- ,y&42025@03@2016&vkbZvkj (Mh;w)º

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

New Delhi, the 7th March, 2016

S.O. 505.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 102/14)

of the Central Government Industrial Tribunal-cum-

Labour Court No. II, Delhi now as shown in the Annexure

in the Industrial Dispute between the employers in relation

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1059

to the management of the Delhi Metro Rail Corporation/

BVG India Ltd. and their workmen, which was received

by the Central Government on 07/03/2016.

[No. L-42025/03/2016-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL- CUM-LABOUR COURT-II, DELHI

Present :- Shri Harbansh Kumar Saxena

ID No. 102/14

Sh. Akhilesh Kamat S/o Shri Badri Kamat,

R/o G-142, Harkesh Nagar,

Okhla Phase-II,

New Delhi-110020

...Workman

VERSUS

1. M/s Delhi Metro Rail Corporation

(Principal Employer),

Fire Brigade Lane,

Barakhamba Road,

New Delhi-110001.

2. M/s BVG India Ltd. 106,

Mercantile House, Ist Floor,

15 K.G. Marg,

New Delhi-110001

(Contractor)

...Respondent/Management

AWARD

The claimant/workman filed his claim statement u/s

2-A of I.D. Act on 2.12.2014. Which was registered as I.D.

No. 102/2014 and notice were issued to respondents.

Through which he sought following relief:-

1. Reinstatement alongwith full back wages.

2. Rs. 25000/- as expenses of the case.

3. Any other relief which court deems fit to be

granted to workman.

Written statement on behalf of respondents have

been filed through which they denied the allegation of the

claim statement and prayed for dismissal of claim statement.

Workman filed rejoinder on 03.07.2015. Through

which workman/claimant reaffirmed the contents of claim

statement alongwith prayer of the claim statement.

At the stage of framing of issues parties settled their

dispute through settlement and settlement report has been

filed by respondent no. 2.

MW1 Sh. Umesh Chand Sharma confirmed

settlement of Rs. 9000/- through cheque and Rs. 2000/- as

cash.

So claim stands satisfied. An award is accordingly

passed. It be sent to the appropriate Government for

publication.

Dated : 24.02.2016

HARBANSH KUMAR SAXENA, Presiding Officer

ubZ fnYyh] 7 ekpZ] 2016

dk-vk- 506-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj fnYyh esVªks jsy

dkjiksjs'ku@chohth bafM;k fyfeVsM ds çcaèkra=k ds lac¼ fu;kstdksa

vkSj muds deZdkj ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;&2] fnYyh

ds iapkV (lanHkZ la- 103@14) dks çdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 07@03@2016 dks çkIr gqvk FkkA

¹la- ,y&42025@03@2016&vkbZvkj (Mh;w)º

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

New Delhi, the 7th March, 2016

S.O. 506.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 103/14)

of the Central Government Industrial Tribunal-cum-

Labour Court No. II, Delhi now as shown in the Annexure

in the Industrial Dispute between the employers in relation

to the management of the Delhi Metro Rail Corporation/

BVG India Ltd. and their workmen, which was received

by the Central Government on 07/03/2016.

[No. L-42025/03/2016-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL- CUM-LABOUR COURT-II, DELHI

Present :- Shri Harbansh Kumar Saxena

ID No. 103/14

Sh. Ganesh Chand,

R/o D-306, Indira Kalyan Vihar,

Okhla Phase-I,

New Delhi-110020

...Workman

VERSUS

1. M/s Delhi Metro Rail Corporation

(Principal Employer),

Fire Brigade Lane,

Barakhamba Road,

New Delhi-110001.

2. M/s BVG India Ltd. 106,

Mercantile House, Ist Floor,

15 K.G. Marg,

1060

THE GAZETTE OF INDIA : MARCH 19, 2016/PHALGUNA 29, 1937

[PART II—SEC. 3(ii)]

New Delhi-110001

(Contractor)

...Respondent/Management

AWARD

The claimant/workman filed his claim statement u/s

2-A of I.D. Act on 2.12.2014. Which was registered as I.D.

No. 103/2014 and notice were issued to respondents.

Through which he sought following relief:-

1. Reinstatement alongwith full back wages.

2. Rs. 25000/- as expenses of the case.

3. Any other relief which court deems fit to be

granted to workman.

Written statement on behalf of respondents have

been filed through which they denied the allegation of the

claim statement and prayed for dismissal of claim statement.

Workman filed rejoinder on 03.07.2015. Through

which workman/claimant reaffirmed the contents of claim

statement alongwith prayer of the claim statement.

At the stage of framing of issues parties settled their

dispute through settlement and settlement report has been

filed by respondent no. 2.

MW1 Sh. Umesh Chand Sharma confirmed

settlement of Rs. 22000/- through cheque and Rs. 3000/- as

cash.

So claim stands satisfied. An award is accordingly

passed. It be sent to the appropriate Government for

publication.

Dated : 24.02.2016

HARBANSH KUMAR SAXENA, Presiding Officer

ubZ fnYyh] 7 ekpZ] 2016

dk-vk- 507-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj fnYyh esVªks jsy

dkjiksjs'ku@chohth bafM;k fyfeVsM ds çcaèkra=k ds lac¼ fu;kstdksa

vkSj muds deZdkj ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;&2] fnYyh

ds iapkV (lanHkZ la- 104@14) dks çdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 07@03@2016 dks çkIr gqvk FkkA

¹la- ,y&42025@03@2016&vkbZvkj (Mh;w)º

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

New Delhi, the 7th March, 2016

S.O. 507.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 104/14)

of the Central Government Industrial Tribunal-cum-

Labour Court No. II, Delhi now as shown in the Annexure

in the Industrial Dispute between the employers in relation

to the management of the Delhi Metro Rail Corporation/

BVG India Ltd. and their workmen, which was received

by the Central Government on 07/03/2016.

[No. L-42025/03/2016-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL- CUM-LABOUR COURT-II, DELHI

Present :- Shri Harbansh Kumar Saxena

ID No. 104/14

Sh. Deepak S/o Shri Kishan Pal,

R/o A-1/346,

J.J. Colony,

Madanpur Khadar,

New Delhi-110076

...Workman

VERSUS

1. M/s Delhi Metro Rail Corporation

(Principal Employer),

Fire Brigade Lane,

Barakhamba Road,

New Delhi-110001.

2. M/s BVG India Ltd. 106,

Mercantile House, Ist Floor,

15 K.G. Marg,

New Delhi-110001

(Contractor)

...Respondent/Management

AWARD

The claimant/workman filed his claim statement u/s

2-A of I.D. Act on 2.12.2014. Which was registered as I.D.

No. 104/2014 and notice were issued to respondents.

Through which he sought following relief:-

1. Reinstatement alongwith full back wages.

2. Rs. 25000/- as expenses of the case.

3. Any other relief which court deems fit to be

granted to workman.

Written statement on behalf of respondents have

been filed through which they denied the allegation of the

claim statement and prayed for dismissal of claim statement.

Workman filed rejoinder on 03.07.2015. Through

which workman/claimant reaffirmed the contents of claim

statement alongwith prayer of the claim statement.

At the stage of framing of issues parties settled their

dispute through settlement and settlement report has been

filed by respondent no. 2.

WW1 Sh. Deepak Kumar confirmed settlement of

Rs. 9000/- through cheque and Rs. 2000/- as cash.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1061

So claim stands satisfied. An award is accordingly

passed. It be sent to the appropriate Government for

publication.

Dated : 24.02.2016

HARBANSH KUMAR SAXENA, Presiding Officer

ubZ fnYyh] 7 ekpZ] 2016

dk-vk- 508-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj fnYyh esVªks jsy

dkjiksjs'ku@chohth bafM;k fyfeVsM ds çcaèkra=k ds lac¼ fu;kstdksa

vkSj muds deZdkj ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;&2] fnYyh

ds iapkV (lanHkZ la- 105@14) dks çdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 07@03@2016 dks çkIr gqvk FkkA

¹la- ,y&42025@03@2016&vkbZvkj (Mh;w)º

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

New Delhi, the 7th March, 2016

S.O. 508.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 105/14)

of the Central Government Industrial Tribunal-cum-

Labour Court No. II, Delhi now as shown in the Annexure

in the Industrial Dispute between the employers in relation

to the management of the Delhi Metro Rail Corporation/

BVG India Ltd. and their workmen, which was received

by the Central Government on 07/03/2016.

[No. L-42025/03/2016-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL- CUM-LABOUR COURT-II, DELHI

Present :- Shri Harbansh Kumar Saxena

ID No. 105/14

Sh. Gopal S/o Shri Radha Kant,

R/o 446, Phase-II,

Madanpur Khadar,

New Delhi-110076

...Workman

VERSUS

1. M/s. Delhi Metro Rail Corporation

(Principal Employer),

Fire Brigade Lane,

Barakhamba Road,

New Delhi-110001.

2. M/s. BVG India Ltd. 106,

Mercantile House, Ist Floor,

15 K.G. Marg,

New Delhi-110001

(Contractor)

...Respondent/Management

AWARD

The claimant/workman filed his claim statement u/s

2-A of I.D. Act on 2.12.2014. Which was registered as I.D.

No. 105/2014 and notice were issued to respondents.

Through which he sought following relief:-

1. Reinstatement alongwith full back wages.

2. Rs. 25000/- as expenses of the case.

3. Any other relief which court deems fit to be

granted to workman.

Written statement on behalf of respondents have

been filed through which they denied the allegation of the

claim statement and prayed for dismissal of claim statement.

Workman filed rejoinder on 03.07.2015. Through

which workman/claimant reaffirmed the contents of claim

statement alongwith prayer of the claim statement.

At the stage of framing of issues parties settled their

dispute through settlement and settlement report has been

filed by respondent no. 2.

WW1 Sh. Gopal confirmed settlement of Rs. 9000/-

through cheque and Rs. 2000/- as cash.

So claim stands satisfied. An award is accordingly

passed. It be sent to the appropriate Government for

publication.

Dated : 24.02.2016

HARBANSH KUMAR SAXENA, Presiding Officer

ubZ fnYyh] 7 ekpZ] 2016

dk-vk- 509-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj fnYyh esVªks jsy

dkjiksjs'ku@chohth bafM;k fyfeVsM ds çcaèkra=k ds lac¼ fu;kstdksa

vkSj muds deZdkj ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;&2] fnYyh

ds iapkV (lanHkZ la- 28@2015) dks çdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 07@03@2016 dks çkIr gqvk FkkA

¹la- ,y&42025@03@2016&vkbZvkj (Mh;w)º

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

New Delhi, the 7th March, 2016

S.O. 509.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 28/2015)

of the Central Government Industrial Tribunal-cum-

Labour Court No. 2, Delhi now as shown in the Annexure

in the Industrial Dispute between the employers in relation

to the management of the Delhi Metro Rail Corporation/

BVG India Ltd. and their workmen, which was received

by the Central Government on 07/03/2016.

[No. L-42025/03/2016-IR(DU)]

P. K. VENUGOPAL, Desk Officer

1062

THE GAZETTE OF INDIA : MARCH 19, 2016/PHALGUNA 29, 1937

[PART II—SEC. 3(ii)]

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL- CUM-LABOUR COURT-II, DELHI

Present :- Shri Harbansh Kumar Saxena

ID No. 28/15

Sh. Avedesh Kumar S/o Shri Chandrika Prasad,

R/o 1791, J.J. Colony, Phase-III,

Madanpur Khadar,

New Delhi-110076

...Workman

VERSUS

1. M/s. Delhi Metro Rail Corporation

(Principal Employer),

Fire Brigade Lane,

Barakhamba Road,

New Delhi-110001.

2. M/s. BVG India Ltd. 106,

Mercantile House, Ist Floor,

15 K.G. Marg,

New Delhi-110001

(Contractor)

...Respondent/Management

AWARD

The claimant/workman filed his claim statement u/s

2-A of I.D. Act on 4.03.2014. Which was registered as I.D.

No. 28/2015 and notice were issued to respondents.

Through which he sought following relief:-

1. Reinstatement alongwith full back wages.

2. Rs. 25000/- as expenses of the case.

3. Any other relief which court deems fit to be

granted to workman.

Written statement on behalf of respondents have

been filed through which they denied the allegation of the

claim statement and prayed for dismissal of claim statement.

Workman filed rejoinder on 22.05.2015. Through

which workman/claimant reaffirmed the contents of claim

statement alongwith prayer of the claim statement.

At the stage of framing of issues parties settled their

dispute through settlement and settlement report has been

filed by respondent No. 2.

WW1 Sh. Avedesh Kumar confirmed settlement of

Rs. 9000/- through cheque and Rs. 2000/- as cash.

So claim stands satisfied. An award is accordingly

passed. It be sent to the appropriate Government for

publication.

Dated : 24.02.2016

HARBANSH KUMAR SAXENA, Presiding Officer

ubZ fnYyh] 7 ekpZ] 2016

dk-vk- 510-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj fnYyh esVªks jsy

dkjiksjs'ku@chohth bafM;k fyfeVsM ds çcaèkra=k ds lac¼ fu;kstdksa

vkSj muds deZdkj ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;&2] fnYyh

ds iapkV (lanHkZ la- 105@2015) dks çdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 07@03@2016 dks çkIr gqvk FkkA

¹la- ,y&42025@03@2016&vkbZvkj (Mh;w)º

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

New Delhi, the 7th March, 2016

S.O. 510.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 105/

2015) of the Central Government Industrial Tribunal-cum-

Labour Court No. 2, Delhi now as shown in the Annexure

in the Industrial Dispute between the employers in relation

to the management of the Delhi Metro Rail Corporation/

BVG India Ltd. and their workmen, which was received

by the Central Government on 07/03/2016.

[No. L-42025/03/2016-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL- CUM-LABOUR COURT-II, DELHI

Present :- Shri Harbansh Kumar Saxena

ID No. 105/2015

Sh. Mahesh S/o of Sh. Kuwar Singh,

R/o 81, Jasola Village,

Jamia Nagar, Sarita Vihar,

New Delhi-110076

...Workman

VERSUS

1. M/s. Delhi Metro Rail Corporation

(Principal Employer),

Fire Brigade Lane,

Barakhamba Road,

New Delhi-110001.

2. M/s. BVG India Ltd. 106,

Mercantile House, Ist Floor,

15 K.G. Marg,

New Delhi-110001

(Contractor)

...Respondent/Management

AWARD

The claimant /workman filed his claim statement u/s

2-A of I.D. Act on 7.7.2015. Which was registered as I.D.

No. 105/2015 and notice were issued to respondents.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1063

Through which he sought following relief:-

1. Reinstatement alongwith full back wages.

2. Rs. 25000/- as expenses of the case.

3. Any other relief which court deems fit to be granted

to workman.

At the stage of filing of written statement parties

settled their dispute through settlement and settlement

report has been filed by respondent No. 2.

MW1 confirmed settlement of Rs. 9000/- through

cheque and Rs. 2000/- as cash.

So claim stands satisfied. An award is accordingly

passed. It be sent to the appropriate Government for

publication.

Dated : 24.02.2016

HARBANSH KUMAR SAXENA, Presiding Officer

ubZ fnYyh] 9 ekpZ] 2016

dk-vk- 511-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj ,iQlhvkbZ ds

izcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/ esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/dj.k@Je

U;k;ky; ua- 1] ubZ fnYyh ds iapkV (lanHkZ la- 192@2011) dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 09@03@2016 dks izkIr

gqvk FkkA

[la- ,y&22012@42@2006&vkbZvkj (lh,e&II)]

jktsUnz ¯lg] vuqHkkx vf/dkjh

New Delhi, the 9th March, 2016

S.O. 511.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 192/

2011) of the Central Government Industrial Tribunal-cum-

Labour Court No. 1, New Delhi 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 09/03/2016.

[No. L-22012/42/2006-IR (CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

IN THE COURT OF SHRI AVTAR CHAND DOGRA,

PRESIDING OFFICER, CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

NO.1, DELHI

ID No. 192/2011

The General Secretary,

Food Corporation of India Shramik Sangh,

Quarter No.147, Type III, Sector I,

BHEL, Haridwar,

Uttaranchal

...Workmen

Versus

The Regional Manager,

Food Corporation of India,

98 Nashvilla Road,

Dehradun

...Management

AWARD

Brief facts giving rise to the reference are that a

letter No. L-22012/42/2006-IR(CM-II) dated 08.06.2006 was

received from Ministry of Labour with the following

reference:

“Whether the demand of Food Corporation of India

Shramik Sangh Uttaranchal is just and legal to declare

that the workers Shri Rajbir Singh, S/o Shri Hodil

Singh and 199 others were employed at Food

Corporation of India Depot, Jwalapur since 1996-97

continuously and were also engaged by the

management of FCI Jwalapur under Direct Payment

System during the period 10.07.2003 to 28.10.2004

and thereafter their discontinuance/termination from

service by the management of FCI in violation of

section 25(O) of the ID Act, 1947 is illegal and

unjustified? If so, to what relief the concerned

workman are entitled to?”

2.

Both the parties were put to notice and claimant union

averred that earlier also petitions have been filed by the

applicant union claiming themselves to be workers of

respondent No.1 to 5 and various interim orders were passed

by the Hon’ble High Court. In fact some of the unions/

workers misrepresented and concealed facts and obtained

interim orders from the High Court and misused such orders

in connivance with respondent No.4, as a result of which

genuine workers were deprived of work in spite of the fact

that orders were in their favour. But respondent No.4. for

its personal gains, did not allow the said workers work and

created grave troubles for them.

3.

By means of petition No.57 MB/04, workers herein

have challenged the tender order dated 28.12.2003

published in Amar Ujala newspaper by which respondent

No.3 and 4 invited tenders for work of handling and

transportation from the contractors who possessed license

under the Contract Labour (R&A) Act, 1970 or who are

willing to get themselves registered within 30 days of

appointment in the case of handling and transport

contractor for transportation of sugar, fertilizers etc. The

aforesaid tender notice was issued with an aim to deprive

the workers herein from working under direct payment

system as ordered by the Hon’ble High Court, Lucknow in

writ petition No.2379 (S/S) of 1999 and order passed in writ

petition No. 948(S/S) of 2003 alongwith writ petition No.4243

of 2001 and Writ Petion No.4793 of 2001 by which the

Hon’ble High Court of Uttrakhand at Nainital has passed

1064

THE GAZETTE OF INDIA : MARCH 19, 2016/PHALGUNA 29, 1937

[PART II—SEC. 3(ii)]

orders in favour of the petitioners to the effect that if the

work and post is available, the petitioners are allowed to

get their salary according to law. Now, respondent Nos.1

to 5 are trying to appoint contractors just to frustrate the

claim of the workers by showing themselves to be

employees of the contract or to sack the union members

from work under the garb of newly introduced contract

system. This order of the management is illegal and not to

be acted upon.

4.

Before creation of the state of Uttaranchal, the

applicant union members were members of FCI Mazdoor

Sangh and after creation of the state of Uttaranchal, FCI

Mazdoor Sangh has ceased to have jurisdiction in

Uttaranchal because as per constitution of the aforesaid

union, it has jurisdiction only in Uttar Pradesh. Hence,

applicant union was constituted and registered. It is also

averred that in the earlier writ petition bearing No.4243 of

1999 and No.2370 of 2001 filed before the Hon’ble High

Court by the previous union but the General Secretary of

the said union played a fraud and changed the paternity

and name of some workers and obtained interim orders. It

is useful to mention here that the applicant union and its

members were working since 1966 and their names also

figure in the above petition. Subsequently, union of the

workers herein filed writ petition No.948/2005 before High

Court and interim order was passed in favour of the union.

Pursuant to the interim order, employees have taken work

directly with effect from 10.07.2003 to 28.10.2004. It is

specifically averred that one Shri Dhir Singh who is claiming

himself to he General Secretary of Bhartiya Khadya Nigam

Mazdoor Sangh has filed writ petition no.4793 of 2001 on

the basis of false documents whereas it is admitted fact

that Shri Dhir Singh himself joined as contractor on

18.03.1977. Thereafter, Hon’ble High Court passed order

dated 18.09.2003 and directed the respondent FCI to prepare

a seniority list of the workers of Jwalapur Depot and in

compliance of the said order, FCI issued order dated

27/28.10.2003 and directed the contesting the parties to

inspect the seniority list. However, no copy was given to

the union.

5.

Union of the workers herein has filed an objection

on 06.11.2003 and raised an industrial dispute before the

Assistant Labour Commissioner and during pendency of

the dispute, FCI tried to disengage members of the union

and tried to engage some contractor for the said work. The

applicant union has filed a complaint under section 33A of

the Industrial Disputes Act, 1947(in short the Act) and the

ALC , thereafter, issued notice to FCI. In view of pendency

of the matter before the High Court, said proceedings were

kept in abeyance. However, management in the meanwhile

invited tender for appointment of contractor to carry out

the work at Jwalapur just for altering service conditions of

the members of the applicant union. The applicant union

has challenged the same in writ petition No.57 M/B. of

2004 and the court has passed interim order in favour of

the union and directed the management not to give effect

to the tender notice. Respondent, in order to circumvent

order of the High Court closed operation of the godown at

Jwalapur so as to deprive the applicant union and its

members to get the benefit of order of High Court.

6.

There are averments that Jwalapur godown comes

under the definition of ‘factory’ and being an industrial

establishment as more than 1 lakh workers are engaged in

various depots and even in Jwalapur Depot, more than 200

workers are employed. Nature of the work in Jwalapur is

adaptation and the articles are altered in the depot and as

such comes in the definition of factory. Thus, without

adopting procedure prescribed under section 25(O) of the

Act, closure is not permissible and thus de-hiring of

Jawalapur depot amounts to closure, which is totally illegal.

It is further alleged that contract system is a sham show

and a camouflage. In fact, members of the applicant union

has worked directly under the control of FCI but their

payment is illegally stored by FCI with effect from 10.07.2003

to 28.10.2004. Due to illegal change in service conditions

by violation of section 9(a) during pendency of dispute

without prior approval of ALC is illegal, bad and void ab

initio. Labour Enforcement Officer, Dehradun has also

verified membership of the applicant union. Stoppage of

the work amounts to illegal retrenchment and violation of

section 25(N) and (M) of the Act. . Hence, members of the

Union , i.e. workers are entitled to full back wages till date.

7.

Respondent management has demurred claim of the

applicant union by filing written statement where it is

alleged that there is no merit or substance in the statement

of claim filed by the claimant. Claim has been filed with

malafide intention. Statement of claim is liable to be

dismissed for mis-joinder of parties. In para 4 of the reply,

it is alleged that service of the labourers were hired by the

Corporation/FCI through an agency on contract basis as

per provision of Contract Labour Act, 1970. On merits, it is

alleged that Shri Rajbir Singh and 199 others employees

were engaged through a contractor and work and work of

FCI is contract labour. Therefore there is no question of

termination of their services by the Corporation/FCI as

their services were hired through an agency on contract

basis as per provisions of Contract Labour Act, 1970.

Management has also denied other allegations contained

in the statement of claim and submitted that FCI invited

tender under HTC provision and admitted filing of various

writ petitions before he Hon’ble High Court. Thus,

management has come with a specific stand that Shri Rajbir

Singh and 199 other workers were engaged through

contractor and work with the Corporation /FCI is contract

labour. Therefore, there is no question arises for any

termination from service of the Corporation/FCI as well as

violation of any provisions of Industrial Law.

8.

The applicant union filed rejoinder wherein material

averments contained in reply of the management have been

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1065

denied and stand taken in the claim statement has been

reasserted.

9.

In fact, reference in the present case was made to

CGIT-cum-Labour Court No.2 by the union government.

Later on, this case was transferred by the order of the

appropriate Government to CGIT-cum-Labour Court No.1

for disposal in accordance with law. It transpires from the

records that on the basis of pleadings of the parties, no

issue, other than those referred by the appropriate

Government for adjudication, was framed by this Tribunal.

10.

It is pertinent to mention here that earlier CWP No.57

of 2004, WPSS No.4243 of 2001, WP No.1981 of 2003. WP

No.2467 of 2001 (SS), WP No.267 of 2004 and WP No.4793

of 2001 as well as WP No.5539 of 2001 were filed by the

workmen through their union against Food Corporation

and Others, which was decided by a common order dated

02.08.2004 whereby Food Corporation of India was directed

to allow the petitioners to permit them to continue to work,

if the work is available at Jwalapur Depot. It was further

directed that Food Corporation of India shall prepare

seniority list of daily wagers and in case of shortage of

work, the same shall be assigned to the workers according

to their seniority and in case regular vacancies are available,

it shall be filled up by the workers already working with the

respondents on seniority cum merit basis, excluding the

unfits. This judgement of the Single Judge was challenged

by way of special appeal no.111/2004 by Food Corporation

of India and others and the same was decided vide

judgement dated 14.09.2005, wherein it was held as under:

31. In view of the discussion aforesaid, we are

convinced that there can be conciliation in the

matters under dispute with regard to the points raised

herein. The writ petitioners, therefore, may move

the Industrial Adjudicator under the provisions of

the Industrial Disputes Act, 1947. The petitioners

are given 15 days’ time to approach the Assistant

Labour Commissioner(Central) for conciliation and

thereafter the Assistant Labour Commissioner shall

conclude the conciliation proceedings within one

month. If conciliation fails, he shall report the matter

to the Appropriate Government, which shall make a

reference to the Labour Court within a period of one

month. The Labour Court concerned shall then decide

the dispute, according to law, within a period of three

months.

32. In the meantime, in order to avoid multiplicity of

parties, causes of action and proceedings and in the

ends of justice, we deem it appropriate to direct that

if depot at Jwalapur is operated, the appellant FCI

shall take the work from those included in the

seniority-list provisionally prepared and referred in

their letter dated 27/28.10.2003(Annexure 3 of WP

No.1981 of 2003). It is made clear that any incidental

expression of opinion in this judgement with regard

to the merit of the case shall have no bearing and

the case of the parties shall be decided by the

industrial adjudicator according to law applicable

thereto. The order dated 02.08.2004 passed by

Single Judge, and under appeal, is set aside and all

the writ petitions are disposed of in above terms.

The Special Appeals also stand decided accordingly.

11.

Since the matter could not be resolved within a

month before the Assistant Labour Commissioner, as

such, the appropriate Government referred the matter in

the manner stated above under Section 10 of the ID Act,

for adjudication.

12.

During pendency of the reference petition claimants

moved an application for production of documents, which

was granted by this Tribunal on 24.09.2012. The

management wanted to put that order at naught, claiming

that it is not in a position to comply that order. Under

these circumstances, this Tribunal exercised powers

contained in rule 23 of the Rules. Resultantly, Ms.Shipra

Shukla, Advocate, who was present before the Tribunal,

was appointed as Commissioner, authorizing her in writing,

to enter the premises at ‘FCI Godown Jwalapur, near Ashoka

Talkies, Jwalapur, Haridwar’, as well as premises at ‘3/3

Ganesh Bazar, near Ram Lila Ground, Shrinagar, Garhwal’,

where Godown and office are being run or were being run,

as the case may be, after service of notice in that regard on

the management and inspect the premises as well as record

lying therein, besides interrogating any person found

therein in respect of attendance and wage register of

employees at Jwalapur Depot from 1996 to 2002, attendance

and wage register relating to work taken by the management

from the workers with effect from 10.07.2003 to 28.10.2004

reflecting details of payment made by the management to

its workers at Jwalapur Depot as well as report relating to

relinquishment of charge by Shri Tomar, Depot Incharge,

Jwalapur Depot and to seize any record relating to above

documents and proposition of work done by the claimants

in the period referred above and submit her report before

this Tribunal. She carried out inspection of the aforesaid

Godowns at Haridwar on 27.12.2012 and Ganesh Bazar on

28.12.2012 and filed her report on 16.01.2013, Ex.WW3/1.

Report of the Local Commissioner is very detailed and she

has also taken into possession during the course of

inspection, documents, Ex.WW3/2 to Ex.WW3/357,

including photograph of the godown. Objections were

also filed by the management to the report of the Local

Commissioner by the Management though they were not

invited by this Tribunal. Careful perusal of the report of

the Local Commissioner would show that officials of the

management, Shri Uday Singh Rawat and Shri Darbara

Singh were present when inspection was conducted in a

thorough manner by the Local Commissioner. I would be

discussing the report of the Local Commissioner in the

subsequent paras while drawing my conclusions.

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13.

It is pertinent to note here that no specific issues

were framed in the case in hand by my learned predecessors

before recording of evidence. However, it is clear from

perusal of the reference made by the Central Government

under Section 10 that there are two important components

of the above reference and the same are as under:

‘Whether Shri Rajbir Singh and 199 others were

employed at Food Corporation of India at its Jwalapur

Depot since 1996-97 engaged by the management

of FCI Jwalapur under Direct Payment System during

the period 10.07.2003 to 28.10.2004,

and

Whether thereafter their discontinuance/termination

from service by the management of FCI in violation

of section 25(O) of the ID Act, 1947 is illegal and

unjustified?

14.

Workmen in order to prove their case against the

management examined Shri Rajbir Singh as WW1 and Shri

Saroj Singh as WW2. Later on Ms. Shipra Shukla was

examined by the workmen as WW3, whose report is

Ex.WW3/1. It is clear from perusal of statement of

Shri Rajbir Singh in his affidavit Ex.WW1/A, that the same

is on similar lines as the averments contained in the

statement of claim. He has been cross examined but there

is nothing material in the cross examination of this

witness. Sum and substance of the statement of this

witness is to the effect that all the workmen were directly

engaged by FCI since 1996-97 and they have not been paid

wages under the direct payment system for the period

10.07.2003 to 28.10.2004.

15.

To the same effect is the statement of Shri Saroj

Singh, WW2, who has deposed that they were doing work

of loading and unloading at Jwalapur Depot. This witness

has tendered in evidence certificate of registration

Ex.WW2/1 which shows that the FCI Shramik Sangh

Uttaranchal Pradesh is duly registered under the Trade

Union Act. He has also tendered in evidence various letters

written by the officials of FCI to the Senior Regional

Manager as well as Shri Rajbir Singh regarding engagement

of the workmen in view of the orders passed by Hon’ble

High Court. There is also list of workmen Ex.WW2/5 which

contains names of the 200 workers. There is copy of ID of

WW2 Shri Saroj Singh, which is Ex.WW2/M1.

16.

Management in order to rebut the case of the workman

union examined Shri Uday Singh Rawat, Manager(Law),

FCI Srinagar as MW1. This witness, in his affidavit,

Ex.MW1/A, has tried to reiterate the stand taken by the

management in its reply. In para 7 of the said affidavit, it is

averred that though the claimants worked with FCI

management, but they were neither appointed by FCI

management nor they were on the pay roll of FCI. He has

admitted in his cross examination that Shri Aditya Mani

Sharma was District Manager and he has identified his

signatures on document Ex.WW1/3. He further admitted

that Shri R.C. Panwar was the Depot Manager at Jwalapur

Depot. However, he was not in a position to identify his

signatures. He has further admitted document Ex.WW2/2

is available in the official record.

17.

Shri M.C. Pant, appearing on behalf of the workmen

strongly urged that the workmen in the case in hand were

employed as daily wagers since 1996-97 and they have

been regularly performing their duties directly under the

management of FCI. They have never worked under any

contractor nor has FCI in its reply disclosed name of any

contractor. No wages were paid to the workmen herein by

the contractor . The learned A/R for the claimant invited

attention of the Tribunal to the report of Ms.Shipra Shukla,

Ex.WW3/1 as well as documents filed by the said Local

Commissioner alongwith her report so as to show that the

documents taken from possession of the depot at Jwalapur

shows that stocks were being maintained at the Jwalapur

Depot by the officials and the workmen herein were working

regularly at the said Depot.

18.

Secondly, it was urged that no evidence has been

led by the management so as to prove that during the

period 10.07.2003 to 28.10.2004 any payment of wages was

made to the workmen herein and others directly by the

management or through any contractor. The learned

authorized representative proceeded to argue that whenever

payment of wages is made, signatures of the concerned

daily wager is obtained on the salary slip/registers etc.,

which always remained in possession of the management

and the management has intentionally withheld all these

documents so as to deny the relationship of employer and

employee between the parties. Learned authorized

representative invited attention of the court to the reply

filed by the management, which is alleged to be very evasive

in nature. There is no specific denial by the FCI to the

fact that as to what payment of wages for the above period

was either made by the management or their contractor. In

the entire reply, name of the contractor is also not

mentioned. It is also urged that in para 7 of the affidavit

filed by MW1, there is admission that the workmen herein

were working with the management of FCI, which is also

suggestive of the fact that the workmen were working

under FCI and they were not working under the contractors.

19.

Lastly, learned authorized urged that no contractor

was examined in the present case. Even if any contract

was given by the management to any contractor regarding

engagement of above workmen, same will not put an to the

relationship of employer and employee between the parties.

Such an agreement in the contention of the learned

authorized representative is purely sham, nominal and

camouflage inasmuch as the workmen were directly under

supervision of the officials of FCI. FCI were exercising

supervisory control over them and the workmen were doing

the work on the directions of the principal employer. In

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relation to nature and quantum of work, it was also

submitted that the depot at Jwalapur falls within the

definition of ‘industry’ and that the workmen had worked

for more than 240 days in a calendar year, as such their

services should not have been terminated or dispensed

with, without service of one months’ notice or salary in lieu

thereof by the management. Learned authorized

representative also invited attention of the court to

provisions of section 7 onwards of the Contract Labour

Act, 1970 and urged that there is gross violation of the

various provisions by the FCI who are not registered under

section 7 of the said Act nor any evidence has been led by

the management whether the so called contractor was duly

authorized, as required under various provisions of the

said Act. Learned authorized representative has relied upon

a number of authorities and I would be discussing the

same while drawing my conclusions.

20.

Per contra, Shri Anil Sharma,, appearing on behalf of

the management urged that there was no direct relationship

of employer and employee between the management and

the workmen herein. As such, the workmen cannot be stated

to be in the employment of FCI. Services of the workmen

were hired by FCI through an agency on contract basis as

per provisions Contract Labour Abolition Act, 1970 and

after expiry of the said contract, services of the workmen

stood terminated automatically. Learned authorized

representative made reference to para 10 of his written

statement wherein it has been alleged in specific terms that

Shri Rajbir Singh and other workers were engaged through

contractor and were with the Corporation/FCI as contract

labour. Therefore, there is no question of termination of

service nor there is violation of any industrial law. Learned

authorized representative put heavy reliance on Steel

Authority of India Vs. National Water Front Workers [2001

(7) SCC 1] wherein Hon’ble Apex Court has dealt at length

with the question as to whether a workman would be an

employee of the contractor or that of the principal employer

when they have been engaged by the principal employer

through contract labour.

21.

It is pertinent to mention here that during the course

of arguments, the learned authorized representatives for

both the parties have heavily relied upon the ratio of Steel

Authority of India Ltd.(supra). A critical appraisal of the

aforesaid authority would show that Constitution Bench

of five Judges of the Hon’ble Apex Court primarily dealt

with the meaning of the expression ‘appropriate

Government’ as used in Section 2(a) of the ID Act in relation

to an establishment defined under Section 2(E) of the CLRA

Act. After discussing the various rulings on the subject,

it was held that in the case of Central Government Company/

undertaking, an instrumentality of the Government carrying

on an industry, the criteria to determine whether the Central

Government is the appropriate Government within the

meaning of CLRA Act, is that industry must be carried on

by or under the authority of Central Government.

22.

The other question involved in the said case was

whether notification issued under Section 10(1) of the CLRA

Act prohibiting employment of contract labour in any

process, operation or other work in any establishment

without fulfilling conditions contained in the said sub-

section (1) and (2) of Section 10 of the CLRA Act can still

said to be valid. It is further clear from the above ruling that

notification issued by the Central Government under

Section 10 of the CLRA Act was quashed being in violation

of Section 10 of the Act.

23.

One of questions of primary importance which was

dealt at length by the Hon’ble Apex Court and which is

relevant in the context of the controversy in hand was

regarding engagement of contract labour by the appropriate

Government (Central or State Government) when prohibition

notification has been issued under section 10(1) of the

CLRA Act. Hon’ble Supreme Court also dealt with the

question that when there is no such notification issued

under Section 10 of the CLRA Act and the workmen are

alleged to be engaged through contractor by the principal

employer. Vital question which then arose was whether the

said workmen can be said to be primarily in the employment

of the principal employer or they will be workmen of the

contractor. After examining the entire spectrum of the case

law on the subject and considering the contentions raised

on behalf of either of the parties, in para 105, it was observed

as under:

An analysis of the cases, discussed above, shows

that they fall in three classes;

(i) where contract labour is engaged in or in

connection with the work of an establishment

and employment of contract labour is prohibited

either because the Industrial adjudicator/Court

ordered abolition of contract labour or because

the appropriate Government issued notification

under Section 10(1) of the CLRA Act, no

automatic absorption of the contract labour

working in the establishment was ordered;

(ii) where the contract was found to be sham and

nominal rather a camouflage in which case the

contract labour working in the establishment of

the principal employer was held, in fact and in

reality, the employees of the principal employer

himself. Indeed, such cases do not relate to

abolition of contract labour but present

instances wherein the Court pierced the veil and

declared the correct position as a fact at the

stage after employment of contract labour stood

prohibited;

(iii) where in discharge of a statutory obligation of

maintaining canteen in an establishment the

principal employer availed the services of a

contractor and the courts have held that the

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[PART II—SEC. 3(ii)]

contract labour would indeed be the employees

of the principal employer.

106 : The controversy herein falls in clause (ii)

whether a contractor engaging contract labour in

connection with the work entrusted to him by a

principal employer, the relationship of master and

servant between him (the principal employer) and

the contract labour emerges.

24.

It is clear in the case in hand that there is no

notification issued under Section 10 of the CLRA Act, as

such case of workmen, in the contention of the learned

authorized representative falls under clause (ii) in as much

as contract in the present case is alleged to be sham, nominal

and rather a camouflage. Resultantly, contract labor working

in the establishment of Jwalapur Deport, in the contention

of the A/R shall deemed to be directly in the employment of

the principal employer, i.e FCI.

25.

Whereas Shri Anil Sharma, A/R for the management

has relied upon the observations made in para 71 of the

above ruling wherein the Apex Court has noticed that the

term contractor is defined in relation to an establishment

to mean a person who undertakes to produce a given result

for the establishment through contract labour or supplies

contract labour for any work of the establishment and

includes sub-contractor but excludes a supplier of goods

or articles of manufacture to such establishment.

26.

Admittedly in the case in hand, there is nothing on

record to suggest as to who was the contractor to whom

the work for loading and unloading of articles belonging to

FCI was given. Name of such a contractor is not mentioned

in the written statement or reply filed by the management,

particularly para 4 as well as para 14 of the reply is very

evasive in nature. If entire reply and contention of the

management is taken to logical conclusion, it would simply

mean that the handling work was given to some contractor

who has employed workmen at the depot from time to time.

If that was the case, it was incumbent upon the management

to have specifically mentioned the name of the contractor

who was doing the requisite work by employing labour,

particularly during the period 1996-97 and the period in

question 10.07.2003 to August 2014. It is well settled

principle in law that if a particular averment contained in

the pleading is not denied specifically by the opposite

party, then facts contained in the pleading shall be deemed

to have been admitted. Moreover, in the case in hand, even

during the course of evidence when the management

examined Shri Uday Singh Rawat as MW1, he has also not

referred to any specific contractor who was given work of

handling of foodgrains at Jwalapur Depot. Under the CLRA

Act, there are several conditions which are to be fulfilled

by the contractor before the work is awarded to him. It is

regard, it is appropriate to refer to the provision of Section

7, which requires that registration of the establishment in

the prescribed manner so that necessary work could be

allotted to the contract labour through the contractor. It is

not out of place to mention that contravention of Section 7

of the CLRA Act is an offence under the Act and in case

any violation is made after issuance of the licence, the

same can be revoked under Section 8 of the Act. Section 9

of the said Act deals with fact of non-registration of

establishment employing contract labour and it very clearly

provides that in case such an establishment is not

registered, in that eventuality, the principal employer cannot

employ contract labour in the establishment. As discussed

above, Section 10 deals with the prohibition of employment

of contract labour and before notification is issued under

Section 10 of the conditions stipulated therein is to be

fulfilled as has been held in Steel Authority of India (supra)

relied upon by both the parties.

27.

It is also necessary to mention that Section 21 of the

CLRA Act provides that contractor shall be responsible

for payment of wages to each worker employed by him as

contract labour and such wages shall be paid regularly.

Even the principal employer is required to nominate a

representative to be present at the time of disbursement of

wages by the contractor. Clause (iii) of Section 21 further

requires that contractor has to ensure payment of wages in

the presence of an authorized representative of the principal

employer. There is no merit in the contention of the

management that wages in question for the period from

10.07.2003 to August 2014 were paid through contractor to

the workmen herein, inasmuch as management has not

produced any salary slipss, vouchers, payment slip etc. so

as to show that the payment of wages to the workmen. Further,

it was mandatory for FCI to appoint their authorized

representative in whose presence payment of wages was

required to be made. There is nothing in the statement of

MW1 nor in the written statement filed by the management

as to what amount of wages was released to the contractor

or whether payment of such wages was made by the

contractor to the workmen in the presence of the authorized

representative. Management has also not taken care to

specifically prove the contract for the period 2003-04, which

was very essential so as to ascertain the terms and

conditions of contract and to determine the period for which

the workmen were employed by the contractor.

28.

In Steel Authority of India (supra), Hon’ble Apex

Court while dealing with the question of sham or camouflage

contract in para 69 observed that the term ‘contract labour’

is a species of workman. A workman shall be so deemed

when he is hired in or in connection with the work of an

establishment by or through a contractor, with or without

the knowledge of the principal employer. A workman may

be directly employed by the principal employer, i.e. FCI

and that such workman hired in connection with the work

of an establishment by the principal employer through a

contractor even if such contractor merely acts as an agent

and therefore there will be master and servant relationship

between the principal employer and the workman. But where

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a workman is hired in or in connection with the work of an

establishment by a contractor, either because he has

undertaken to produce a given result for the establishment

or because he supplies workman for any work of the

establishment, a question might arise whether the

contractor is a mere camouflage as was held in the case of

Hussainbhai Calicut and in Indian Petrochemicals

Corporations case. If the answer is in the affirmative, the

workman will be in fact an employee of the principal

employer; but if the answer is in the negative, the workman

will be a contract labour.

29.

Ratio of Steel Authority of India case (supra) has

been followed consistently by the various High Courts as

well as Industrial Tribunals and the same has been cited

with approval by the Apex Court in the subsequent

pronouncements. The principles enunciated in the above

ruling really shines like a pole star and are of immense help

to those who are lost in the mist of legal confusion.

30.

Later on in International Airport Authority vs.

International Air Cargo Workers (2009 13 SCC 374) question

of engaging of contract labour or where contract is sham

or camouflage was again considered by Hon’ble Apex Court

particularly when there is no prohibition notification issued

under Section 10 of the CLRA Act and the workman is

coming with the plea that the contract is sham and nominal

and contract is merely a name lender but does not have

any supervisory control and it was held as under:

“20. But where there is no abolition of contract labour

under Section 10 of CLRA Act, but the contract labour

contend that the contract between principal employer

and contractor is sham and nominal, the remedy is

purely under the ID Act. The principles in Gujarat

Electricity Board continue to govern the issue. The

remedy of the workmen is to approach the industrial

adjudicator for an adjudication of their dispute that

they are the direct employees of the principal

employer and the agreement is sham, nominal and

merely a camouflage, even when there is no order

under Section 10(1) of CLRA Act. The industrial

adjudicator can grant the relief sought if it finds that

contract between principal employer and the

contractor is sham, nominal and merely a camouflage

to deny employment benefits to the employer and

that there is in fact a direct employment, by applying

tests like: who pays the salary; who has the power to

remove/dismiss from service or initiate disciplinary

action; who can tell the employee the way in which

the work should be done, in short who has direction

and control over the employee. But where there is no

notification under Section 10 of the CLRA Act and

where it is not proved in the industrial adjudication

that the contract was sham/nominal and camouflage,

then the question of directing the principal employer

to absorb or regularize the services of the contract

labour does not arise. The tests that are applied to

find out whether a person is an employee or an

independent contractor may not automatically apply

in finding out whether the contract labour agreement

is a sham, nominal and is a mere camouflage. For

example, if the contract is for supply of labour,

necessarily, the labour supplied by the contractor

will work under the directions, supervision and

control of the principal employer but that would not

make the worker a direct employee of the principal

employer, if the salary is paid by contractor, if the

right to regulate employment is with the contractor,

and the ultimate supervision and control lies with

the contractor. The principal employer only controls

and directs the work to be done by a contract labour,

when such labour is assigned/allotted/sent to him.

But it is the contractor as employer, who chooses

whether the worker is to be assigned/allotted to the

principal employer or used otherwise. In short worker

being the employee of the contractor, the ultimate

supervision and control lies with the contractor as

he decides where the employee will work and how

long he will work and subject to what conditions.

Only when the contractor assigns/sends the worker

to work under the principal employer, the worker

works under the supervision and control of the

principal employer but that is secondary control. The

primary control is with the contractor.”

31.

Ratio of the above authority of Hon’ble Apex Court

was also followed by Delhi High Court in ‘Management of

Ramjas Public School (Day Boarding) represented by its

Chairman Vs. Dharmender & Others’ (2016 LLR 1126).

32.

Shri M.C. Pant, learned A/R for the claimant invited

attention of the Tribunal to the various documents/letters

particularly Ex.WW2/2 to ExWW2/4 written by FCI through

its Managers which shows that supervisory control over

the workmen was that of FCI and nowhere contractor was

involved in handling work at Jwalapur Depot. He has also

referred to the stock bills as well as stock of FCI at Shrinagar

and Jwalapur Depot, which are mentioned in Ex.WW3/153

to Ex.WW3/357, which shows that foodgrains from time to

time were being handled by the workmen at the respective

depots. There is also mention of the period of the year

2003 when salary paid to the workmen. Learned A/R for

the claimant has also made reference to the report of

Ms.Shukla, Ex.WW3/1 so as to prove the documents

pertaining to the employment of the workmen herein at

Jwalapur Depot but officials of the FCI were not

intentionally producing those documents so as to ensure

that they are not considered to be employees of the principal

employer.

32. I have carefully gone through report of the Local

Commissioner, Ms.Shipra Shukla WW3/1 when she visited

the Depot at Jwalapur initially on 27.12.2013 and at that

time learned authorized representatives of both the parties

as well as Shri Uday Singh Rawat, Shri Darbara Singh, Area

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[PART II—SEC. 3(ii)]

Manager along with other officials of FCI and Shri Rajbir

Singh, General Secretary of FCI Labour Union were present.

Directions of the court were very clear and the officials of

FCI were required to produce all the documents, i.e.

attendance register, wage register and other documents,

including keys to open the almirah so that relevant

documents are taken into possession and examined by the

Local Commissioner. It is further clear from her report that

Shri Uday Singh Rawat, Manager had informed on the spot

that Jwalapur depot from March 2004 was non-functional

and even the staff of FCI stopped working for the said

depot after 12.03.2004. She has referred to letter dated

12.03.2004 which is Ex.WW3/4. This letter has been

addressed to SSP Shri Ashok Kumar at Haridwar. In the

end of the letter, it is clear that help of the police has been

sought so that PSD operation could be run smoothly in

Haridwar city. There is also reference to the contractor

who has been authorized to do the above work. WW3/357

is the photo of the sign board of Jwalapur depot. She has

also referred to another letter written by District Manager,

Shrinagar to Shri Rajbir Singh, General Secretary, which is

Ex.WW3/5, which clearly shows that Shri Rajbir Singh has

been asked to be present on 10.07.2003 alongwith other

workers at Jwalapur godown and start work therein in view

of the directions passed by the High Court in the writ

petition. It is clearly suggestive of the fact that the workmen

herein were engaged by FCI at Jwalapur depot in view of

the directions of the Hon’ble High Court, from 10.07.2003

onwards. There is list of articles in the godown, which is

Ex.WW3/6 and list of the workmen who were working at

Jwalapur Depot, Ex.WW3/9. Shri Uday Singh Rawat had

disowned the above list on the ground that it is not on the

letter head of FCI but he has not denied attestation of 200

workers made by the Assistant Manager on 30.09.2003. The

Local Commissioner has also found some very old record

in gunny bags, like transfer certificate for the year 1990

onwards. It is necessary to note here that as per para 13 of

the Local Commissioner, that the Depot Incharge Shri

Inderpal Singh volunteered to explain on the spot to the

Local Commissioner. However, Shri Darbara Singh has

virtually restrained him, as a result of which he kept mum. It

was admitted during the course of argument that charge of

FCI Depot at Jwalapur was taken by Shri Inderpal Singh

from Shri Tomar and that Inderpal Singh was virtually the

last Depot Incharge at Jwalapur Depot. There is another

letter Ex.WW3/12 which was in possession of the Local

Commissioner which shows that for a period of 2 years,

work of handling at Jwalapur Depot in the year 1993 was

given to some private contractor. There is another letter

dated 17.11.1993 Ex.WW3/14, which shows that for two

years HTC work was given to the workmen herein through

their union.

33.

During the course of arguments, this Tribunal wanted

to know from the learned A/R for the management regarding

proof of contract as well as payment of wages to the various

workmen through contractors. As discussed above, it was

incumbent upon the management to ensure payment of

wages to the workmen through the contractor, failing which

in terms of Section 21, principal employer (FCI) was required

to make the said payment. All these documents are required

to be maintained by the principal employer also. This is

also necessary because the principal employer can always

deduct the amount paid as wages to the workmen from the

amount of the contractor. Rule 74 and 75 of the Contract

Labour Central Rules also requires the principal employer

to maintain register of contractor in Form XII and Rule 75

requires the name of the workmen working at each

establishment to be mentioned in Form XIII. On termination

of the employment, contractor is also required to issue

wage slip to the workmen in Form XVI atleast one day prior

to disbursement of wages. Signature/Thumb impression

of the workers is required to be taken on the register of

wages or muster roll cum wage register as the case may be.

Clause(d) of Rule 78 further requires the contractor to

maintain the following registers. i.e. (a) Muster Roll;

(b) Register of Wages; (c) Register of Deductions

(d) Register of Overtime; (e) Register of Fines (f) Register

of Advances (g) Wage slip. All these documents are

required to be legible in English and Hindi or in any

language understood by majority of workmen. Not only

this, all registers and records are required to be preserved

in original for a period of three calendar years and all such

registers and record etc. shall be produced on demand

before the Inspector or any other authority under the Act.

Rule 82 requires every contractor to submit half yearly

returns on Form XVI so as to reach the Licencing Officer

concerned. Since management has not taken care to

produce any such document, nor the name of the contractor

has been mentioned, therefore simply because Local

Commissioner has taken into possession document to

which the A/R for the management has referred as

contracts, they would not mean that the same can be taken

into consideration as proof of engagement of the workmen

herein by contractor. This Tribunal can even otherwise

draw adverse inference against the management inasmuch

as management at every stage tried to withhold vital

documents and did not allow Shri Inderpal Singh to talk to

the Local Commissioner on the spot, who was explaining

to the Local Commissioner regarding background of the

dispute and availability of the relevant record in the office

of FCI at Jwalapur Depot.

34.

It is further clear from the report of the Local

Commissioner that after her visit at Jwalapur Depot, she

also visited the office/godown at Shrinagar and parties to

the case as well as other officials of FCI were present at

that time. Officials at Shrinagar were fully aware regarding

documents which were in possession of the Local

Commissioner and other documents which were not

produced by the officials of FCI by stating that the same

were at Head Office: Delhi. Though the management has

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disputed observations of the Local Commissioner about

letter dated 06.10.2008, however the same could have

been easily verified by this Tribunal had the management

produced Shri R.P.S.Panwar so as to verify his signatures

on the relevant documents. Even after submission of the

report of the Local Commissioner, no steps were taken by

the management to produce the relevant documents,

including contract which was in operation during the period

10.07.2003 to 28.10.2004 or before of thereafter. From the

side of the management, no list of the workers in fact was

produced who were deployed as per the stand of the

management by the contractor at Jwalapur Depot. Conduct

of the management in not producing the relevant documents

as discussed above either before the Local Commissioner

or before this Tribunal is required to be deprecated. It is

now fairly settled position in law that if a party is in

possession of best evidence which can throw light on the

relevant issue in controversy and such a party withholds

the documents without assigning any specific reason, in

that eventuality court ought to draw adverse inference

against such party notwithstanding onus of the proof does

not lie on such party to prove the issue. Reliance in this

regard has been placed upon the case of Gopal Krishnaji

Ketpar vs. Mohamed Haji Latif ( AIR 1968 SC 1413). Even

in subsequent pronouncements in the case of Sushil Kumar

Vs. Rakesh Kumar (2004 (1) SLJ 655) and 2006 Cr.LJ 4598)

Hon’ble Apex Court has observed that non-production of

the documents in possession of a public functionary who

is under statutory obligation to produce the same would

result in drawing of adverse inference against such party.

Further conclusion which can be drawn is that had the

documents been produced, the same would have gone

against such a party.

35. During the course of arguments, management also

relied upon the case of Ram Swaroop Vs. Labour

Court(1995 (73) FLR 1139) which was a case where services

of the workman was wrongly terminated and the

management resisted the claim that he was not direct

employee as the work has been outsourced to a private

contractor, as such there was no relationship of master and

servant between the management and workman as it has

come in evidence that overall control of the workman was

with the contractor who was paying salary to the workman

and his attendance was also being marked by the said

contractor. However, situation in the case in hand is different.

There is no cogent or reliable evidence on record to suggest

that handling wok of foodgrains was given during the

relevant period to any specific contractor. Management,

as discussed above, has not disclosed the name of such a

contractor nor any document has been filed by the

management to show that payment of wages was being

made directly by the contractor to the workmen herein nor

there is any evidence to show that control over the work

was that of the contractor directly. Rather in the case on

hand there is evidence on record to suggest that letter

Ex.WW2/3 has been written to the General Secretary Shri

Rajbir Singh, who has been directed by the officials of FCI

to bring all the workers at Jwalapur Depot so as to perform

their duties. It is clearly suggestive of the fact that control

of the workmen was with officials of FCI. Moreover, perusal

of the documents taken into possession by the Local

Commissioner right from Ex.WW3/2 to Ex.WW3/357 shows

that during different years, right from 1997 onwards,

payment regarding handling charges and salary of the

employees at Jwalapur Depot was being sanctioned by the

management of FCI. Admittedly the workmen herein were

working in the premises of Jwalapur Depot. There is a

sanction letter dated 16.12.2003 Ex.WW3/54 which shows

that FCI has released amount for the period 01.07.2003 o

31.10.2003 as per the bills. It is further clear from perusal of

the stock ledgers annexed with the report of the Local

Commissioner that the handling work of foodgrains was

being done regularly after 1996-97 as payment amount is

being shown at Shrinagar Depot as well a Jwalapur Depot

in the said entries. When the Local Commissioner was

examined as witness before this Tribunal, no specific

question has been put by the management to the Local

Commissioner regarding veracity of the above bills. Even

during the course of arguments, authenticity of these

documents was not challenged by either of the parties.

However, when this Tribunal tried to ascertain as to who

was the contractor during the relevant time, learned A/R

for the management stated that one Shri Jaswant Rana was

awarded work during the period 2003-04.

36.

Yet in another case, Hon’ble Apex Court in State of

Haryana State Electricity Board Vs. Suresh (1999 LLR 433)

question of contract labor which was alleged to be sham or

smoke screen by the workman was considered. It was a

case where Haryana State Electricity Board awarded contract

to a contractor to undertake the work of keeping plants

and cleaning etc. The said workman had put in more than

240 days of service and subsequently his services were

discontinued by the management. Ultimately matter was

referred to the Industrial Tribunal by way of reference and

labour Court after considering evidence on record came to

the conclusion that the worker had put in more than 240

days in a year ; as such, they were ordered to be reinstated

with continuity of service with 10% back wages. A writ

petition was filed in the High Court and the same was

rejected. Later on when the matter was taken to the Hon’ble

Apex Court, strong arguments was advanced on behalf of

Electricity Board that the workman in the said case were

engaged by the contractor who was paying wages to them

and the Board is not liable to continue them in service or

pay back wages. In the said case also, it was proved on

record that the contractor to whom contract was given was

not duly licenced nor the employer, Electricity Board was

holding license to award contract. Contention of the Board

was rejected by the Hon’ble Apex Court, wherein it was

observed as under:

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[PART II—SEC. 3(ii)]

‘It has to be kept in view that this is not a case in

which it is found that there was any genuine contract

labour system prevailing with the Board. If it was a

genuine contract system, then obviously, it had to

be abolished as per Section 10 of the Contract Labour

Regulation and Abolition Act after following the

procedure laid down therein. However, on the facts

of the present case, it was found by the Labour Court

and as confirmed by the High Court that the so called

contractor Kashmir Singh was a mere name lender

and had procured labour for the Board from the open

market. He was almost a broker or an agent of the

Board for that purpose. The Labour Court also noted

that the Management witness Shri A.K. Chaudhary

also could not tell whether Shri Kashmira Singh was

a licensed contractor or not. That workmen had made

a statement that Shri Kashmira Singh was not a

licensed contractor. Under these circumstances, it

has to be held that factually there was no genuine

contract system prevailing at the relevant time

wherein the Board could have acted as only the

principal employer and Kashmira Singh as a licensed

contractor employing labour on his own account. It

is also pertinent to note that nothing was brought

on record to indicate that even the Board at the

relevant time, was registered as principal employer

under the Contract Labour Regulation and Abolition

Act. Once the Board was not a principal employer

and the so called contractor Kashmira Singh was not

a licensed contractor under the Act, the inevitable

conclusion that had to be reached was to the effect

that the so called contract system was a mere

camouflage, smoke and a screen and disguised in

almost a transparent veil which could easily be pierced

and the real contractual relationship between the

Board, on the one hand, and the employees, on the

other, could be clearly visualized.’

37.

It is clear from dicta laid down in the above authority

that when the work is of perennial nature and neither the

employer nor the contractor are holding the requisite

licence to award contract in terms of provisions of CLRA

Act, in that eventuality conclusion would be that the

contract system was a mere sham or camouflage.

38.

Hon’ble Apex Court in ONGC vs. Petroleum Coal

Labour Union (2015) Lab IC 2483) deprecated the practice

of engaging workers on temporary basis where the work is

regular or of perennial nature. It was held that such a

practice amount to unfair labor practice as defined under

Section2(k) read with Section 25(T) and Section 25(U) of

the ID Act. In the present case also, work which was being

performed by the workmen is not of seasonal nature and

various documents taken in possession by the Local

Commissioner clearly establishes that the labour is being

employed for handling of sacks regularly by the officials at

Shrinagar, Rourkee and Jwalapur, which are permanent

depots of FCI.

39.

It was also brought to the notice of the Tribunal that

the workers who were doing similar work at Rourkee and

other places are regular workmen whereas only Jwalapur

Depot has been singled out by the Government. To my

mind, this is really in violation of the principles of rule of

law which are applicable in the governance of the Country

and such an action of the Government cannot be said to be

in consonance with the equality clause contained in Article

14 of the Constitution of India.

40. As already discussed, there is no examination of

this witness nor any contract which was entered into with

the contractor has been placed on record so as to ascertain

the terms and conditions. There is nothing on record to

show that whether this contractor or any other contractor

has made payment of wages to the workmen herein for the

period 10.07.2003 to 28.10.2004. At the cost of repetition, it

is to be stated under the provisions of CLRA Act, it the

duty of the principal employer to ensure payment of wages

to the workman in case payment has not been made by the

contractor. Even if payment is made by the contractor,

authorized representative, as per rules discussed above, is

required to be present on the spot so as to ensure due and

proper payment to the workers. There is nothing on record

to show that provisions of CLRA Act as discussed above

has been followed by the contractor or the management in

letter and spirit or in substantial manner. The Tribunal

cannot ignore the fact that Act was enacted by the

Parliament to deal with the abuse of contract labour system

and it is primarily a social welfare legislation so as to

safeguard interest of the workmen or casual labour

deployed by the management or the contractor as the case

may be. In Steel Authority of India (supra), has highlighted

various aspects of this Act and also emphasized the need

to follow various provisions so that the workmen are saved

from exploitation. This Tribunal cannot ignore the fact

that the workmen herein were terminated without serving

any notice of one month or salary in lieu thereof as such

there is also violation of provisions of Section 25F of the

ID Act.

41. Net result of the discussion is that the workmen

herein have worked during the period 10.07.2003 to

28.10.2004 and it is held that they have not received wages

for the said period as no oral or documentary evidence

has been adduced by the management to prove the same.

Sine there is no admissible evidence on record to suggest

that handling work of Jwalapur Depot was given to any

licenced contractor by the FCI nor there is any statement

from the side of the contractor to prove that the workmen

herein were working under him, as such it is reasonable to

hold that the workmen herein were in direct employment of

FCI during the relevant period, more so when no evidence

has been adduced to the effect that it was the contractor

was directly making payment or supervising work of

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1073

handling etc., in such circumstances. Conclusion can be

drawn that even if there was any contract in the manner as

alleged by the management, same is held to be sham or

camouflage or a smoke screen; such contractor was simply

a name lender as the said contractor has neither been

examined nor contract has been proved on record.

42.

Having said so, residual question which requires

further consideration is whether closure of Jwalapur Depot

by the management of FCI is in violation of section 25(o) of

the Industrial Disputes Act. It is neither in doubt nor in

dispute that the depot at Jwalapur has been closed since

2004. Learned authorized representative for the

management strongly urged that closure of the depot at

Jwalapur was due to the reason that the workmen herein

have created unrest and it was difficult for the management

to control them, as a result of which management was forced

to close the depot at Jwalapur. In this regard, it is appropriate

to mention ere that there is no cogent or relevant evidence

led by the management that any kind of unrest was created

by the workmen herein as a result of which management

was forced to close the depot after 2004. There is not even

a whisper in the statement of MW1 in his affidavit.

Therefore, arguments advanced by the management is just

for the sake of arguments only, which is not the basis either

in the pleadings or evidence adduced during the course of

trial. Section 25(o) of the ID Act contains procedure which

is required to be adopted in case any industrial undertaking

or an establishment is to be closed. An employer has to

apply in the prescribed manner, at least ninety days to the

Government before the date on which the employer intends

to close the undertaking or industry, clearly stating therein

reasons for such closure of such undertaking. Copy of

such application is required to be supplied to the

representatives of the workmen .It is thereafter that the

appropriate Government after making such enquiry as it

deems fit and affording reasonable opportunity of being

heard, both to the employer as well as the workmen and

after taking into consideration interest of the general public

etc., after reasons to be recorded in writing may grant or

refuse to grant such permission. Clause 6 of the above

section provides when such permission has been refused

by the Government, closure of undertaking shall be deemed

to be illegal from the date of closure and the workmen shall

be entitled to all benefits under any law for the time-being

in force as if the undertaking has not been closed down.

43.

Admittedly, the above procedures have not been

followed by the management and they have come with the

contention that in the present case provisions of section

25(o) cannot be pressed into service unless the conditions

contained in Section 25(k) of the Industrial Disputes Act

are fulfilled. Section 25(k) of the ID Act deals with deals

with special provision relating to law of retrenchment and

closure of certain establishment. Sub-section (1) of Section

25 clearly provides that provisions of this Chapter shall

apply to industrial establishments (not being an

establishment of seasonal character) engaging not less

than one hundred workmen were employed on an average

per working day for the preceding twelve months. To my

mind, contention of the management regarding applicability

of section 25(K) is meritless inasmuch as more than 100

workers were admittedly working at Jwalapur Depot.

Question as to whether the work at Jwalapur Depot is of

seasonal nature is to be decided by the appropriate

Government and not by the management. When Jwalapur

Depot comes within the definition of establishment or

industry and even contract labour employed either by the

contractor or FCI, as the case may be, falls within the

definition of ‘workmen’, under such circumstances, it does

not lie in the mouth of the management to say that

provisions of section 25(o) are not applicable.

44.

Learned authorized representative for the

management also referred to the award of the Tribunal in

FCI Mazdoor Sangh vs Senior Manager in ID No.69/2008,

decided on 11.03.2010. Firstly question involved in the

award, which is not exhibited, is not the same as involved

in the case in hand. Moreover, workers in the said award

are also different though it pertains to Jwalapur Depot.

However, this award passed by the Court of Co-ordinate

jurisdiction is not binding upon this Tribunal. There is no

merit in the contention that unrest was created by the union

herein as a result of which management was forced to close

the depot. Even if it were so, there was no bar for the FCI

to bring this fact to the notice of the authority or the

appropriate Government. In the absence of any such

evidence on unrest, contention of the management is

rejected.

45.

As a sequel to my discussion made hereinabove, it

is held that the workmen herein Shri Rajbir Singh and 199

others were employed by Food Corporation of India Depot

at Jwalapur and they have not received their salary/wages

for the period from 10.07.2003 to 28.10.2004 under direct

payment system and thereafter their discontinuation/

termination from service is also held to be illegal and

unjustified as the same is in violation of provisions of

Section 25(o) of the ID Act. Since the Depot at Jwalapur is

stated to be closed since 2004, as such, FCI would be at

liberty to engage the workmen herein willing to work at a

nearby place like Rourkee, Shrinagar, Haridwar etc. as the

management thinks fit. 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 : February 29, 2016

A. C. DOGRA, Presiding Officer

ubZ fnYyh] 9 ekpZ] 2016

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dk 14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj bZlh,y ds

izcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/ esa

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[PART II—SEC. 3(ii)]

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/dj.k@Je

U;k;ky;] vklulksy ds iapkV (lanHkZ la- 37@2003) dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 09@03@2016 dks izkIr gqvk FkkA

[la- ,y&22012@274@2002&vkbZvkj (lh,e&II)]

jktsUnz ¯lg] vuqHkkx vf/dkjh

New Delhi, the 9th March, 2016

S.O. 512.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 37/2003)

of the Central Government Industrial Tribunal-cum-Labour

Court, Asansol as shown in the Annexure in the Industrial

Dispute between the management of Kunustorai Colliery,

M/s. Eastern Coalfield Limited and their workmen, received

by the Central Government on 09/03/2016.

[No. L-22012/274/2002-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. 37 OF 2003

PARTIES :

The management of Kunustoria Colliery

of M/s. E.C.L.

Vs.

Sri Kameshwar Paswan

REPRESENTATIVES :

For the management

:

Sri. P. K. Das, Ld. Advocate

For the union (Workman) :

Sri. S. K. Pandey, Gen.

Secy., CMC

Industry : Coal

State : West Bengal

Dated : 24.02.2016

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/

274/2002–IR(CM-II) dated 13.10.2003 has been pleased to

refer the following dispute for adjudication by this Tribunal.

SCHEDULE

“Whether the action of management of Kunustoria

Colliery of ECL in not accepting the decision of the

Age Assessment Committee in respect of age of Shri

Kameshwar Paswan is legal and justified? If not, to

what relief the workman is entitled?”

Having received the Order No. L-22012/274/2002–

IR(CM-II) dated 13.10.2003 of the above said reference

from the Govt. of India, Ministry of Labour, New Delhi for

adjudication of the dispute, a reference case No. 37 of 2003

was registered on 20.10.2003. 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. Both the parties appeared in the Tribunal,

through their representative.

1.

The workman has stated in his written statement that

Kameshwar Paswan, Body Searcher of Kunustoria Colliery

under Kunustoria Area of M/s. Eastern Coalfields Limited

was appointed in Kunustoria Colliery as Body Searcher in

the year 1972. His age was not recorded in the ‘B’ Form at

the time of appointment. The age / Date of Birth of the

workman was recorded in the ‘B’ Form Register as

11.06.1942 without any basis and without the knowledge

of the workman. The workman requested to the management

for correction of his date of birth in the record since 1986

and again in the year 1987 through the Service Excerpts.

Accordingly the workman was called by the management

during 1988 and his age was arbitrarily assessed without

observing any formalities as per rules of medical

jurisprudences As per the request of the workman the

management again referred his case to the Age Assessment

Committee in the year 1989. Though the management did

not communicate the request of Age Assessment

Committee, but the workman came to know that his age

was assessed as 42 years in the year 1989. In spite of the

repeated request by the workman as well as Union the

management did not correct his date of birth in the ‘B’

Form of the Colliery as per the report of the Age Assessment

Committee held in the year 1989. The management forcefully

superannuated the workman from the service of the

company on the basis of wrong-recorded age / Date of

Birth in the ‘B’ Form of the colliery. The action of the

management of Kunustoria Colliery under Kunustoria Area

of M/s. Eastern Coalfields Limited in not accepting the

decision of the Age Assessment Committee in respect of

age of Sri Kameshwar Paswan is illegal and unjustified.

The workman has prayed that the tribunal may kindly direct

the management of Kunustoria Colliery of M/s E.C.L to

accept the decision of the Age Assessment Committee in

respect of age of Sri Kameshwar Paswan held in the year

1989 and for payment of wages for his forceful idleness

w.e.f. 01.07.2002.

2.

In defence Kunustoria Colliery under Kunustoria

Area of M/s. Eastern Coalfields Limited has stated briefly

in their written statement that Sri Kameshwar Paswan was

appointed on 05.06.1972 and he raised the dispute with

regard to his date of birth in the year 1987 in the several

¹Hkkx IIó[k.M 3(ii)º

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1075

record excerpts, and on raising such dispute his case was

referred to the Age Determination Committee which was

held at Kunustoria Area on 24.12.1988. As per the guideline

of I. I. no. 76 of JBCCI and the said committee assessed the

date of birth of the concerned employee as 11.06.1942. On

the basis of such assessment of age of the concerned

employee by the said committee the Form ‘B’ register,

Identity Card and other statutory records were corrected

on the basis of said assessed date of birth and the said

assessment was duly communicated to the concerned

employee who accepted the said assessment. After the

said assessment of age the concerned workman he again

represented before the Colliery management for re-

assessment of his age by disputing the earlier assessment.

The concerned workman was again referred to the Age

Assessment Committee and after proper assessment, the

age of the concerned workman was assessed as 11.06.1942

in the year 1989. The said assessment was done in

accordance with the principles of medical jurisprudence

and in strict compliance of the guideline as formulated in I.

I. No 76 of JBCCI. It is denied that assessment was done

arbitrarily without observing any formalities as per rules

and regulations of medical jurisprudence. The reference is

misconceived one

3.

The workman has filed copy of written statement

submitted by management of M/s. Eastern Coalfields

Limited before the A.L.C.(C) and copy of report of “Failure

of Conciliation” sent to Secretary, Govt. of India, Labour

Ministry. The workman has filed the affidavit in his oral

evidence. He has been cross-examined by the learned

Advocate of M/s. Eastern Coalfields Limited. M/s. Eastern

Coalfields Limited has not filed any oral or documentary

evidence in their support.

4.

I have heard Sri S. K. Pandey, learned Union

representative on behalf of workman and Sri P. K. Das,

learned Advocate on behalf of M/s. Eastern Coalfields

Limited.

5.

Sri S. K. Pandey has argued that the Age Assessment

Committee wrongly assessed the date of birth as 11.06.1942.

The report of second assessment held in 1989 was not

complied with by M/s. Eastern Coalfields Limited. Whereas

Sri P. K. Das has argued that the age was correctly assessed

by Age Assessment Committee of concerned workman as

per medical jurisprudence and it was duly communicated

to him. Second Age Assessment Committee also assessed

the same date of birth i.e. 11.06.1942. There is no

discrepancy in the Age Assessment Committee of M/s.

Eastern Coalfields Limited.

6.

The contention of the concerned workman is that he

was appointed in the year 1972, at that time his Date of

Birth was not recorded in service records. Thereafter, he

agitated regarding his Date of Birth in the year 1986 and

1987. Though the Age Assessment Committee assessed

his date of birth as 11.06.1942 but after his protest the Age

Assessment Committee assessed his age for second time

in 1989. In 1989 his date of birth was assessed as 42 years.

On the basis of his wrong date of birth he was premature

superannuated. On the other hand, the contention of the

Kunustoria Colliery of M/s. Eastern Coalfields Limited is

that the concerned workman was appointed on 05.06.1972.

On the protest of the concerned workman in 1987 the Age

Assessment Committee assessed the age of delinquent in

1988 as 11.06.1942. Again the workman protested regarding

his date of birth. Again Age Assessment Committee

reassessed his age in 1989 as 42 years as per guideline.

7.

As per affidavit of concerned workman filed in his

oral evidence he has stated that he was superannuated

forcibly on 30.06.2002. He has admitted that he was

medically examined by Age Assessment Committee twice

in the year 1988 and 1989. In cross examination dated

30.5.2013 he has stated his age as 58 years. He has not filed

any documentary evidence in support of his age. Even in

affidavit he has not stated on which date he was born.

Even in his written statement he has not disclosed his date

of birth. Therefore there is no basis for accepting this

statement that on May, 2013 he was 58 years old. The

workman has specifically admitted in para-5 and para-7 of

his written statement that his age was assessed by the

Committee as 11.06.1942. As per letter of Sri P. K. Nayak the

then Assistant Labour Commissioner ( C ), Asansol dated

29.7.2002 / 01/08/2002 addressed to the Secretary, Govt. of

India, Ministry of Labour, it is apparent that the dispute

was raised by workman through his Union representative

regarding correction of his Date of Birth. The dispute was

referred by Union representative by letter No. KMC/KNT/

ID/2001/128 dated 18.03.2001. The Assistant Labour

Commissioner fixed the dates for reconciliation on

03.05.2001, 04.09.2001, 17.09.2001, 11.10.2001 and 23.11.2001.

The representatives of both sides appeared, but

reconciliation was failed.

8.

Thus, it is apparent that the concerned workman

raised the dispute before A.L.C.(C) in March, 2001. As per

his evidence in affidavit he was superannuated on

30.06.2002. Thus he agitated regarding his date of birth

just fifteen months before his superannuation. Whereas

he was very well aware in 1988 and 1989 about his Date of

Birth as 11.06.1942 which was recorded in his service

excerpts.

9.

It is settled law that the date of birth as recorded in

the service book cannot be changed after a long period,

particularly at the fag end or nearer to the date of retirement

or superannuation. Hon’ble Apex Court in State of U.P. &

Anr. v/s Shiv Narain Upadhyaya (2005) 6 SCC 49 reported

in A.I.R. 2005 SC 4192 has held that the date of birth as

recorded in the Service Book cannot be changed after a

long period, particularly at the fag end or nearer to the date

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[PART II—SEC. 3(ii)]

of retirement or superannuation. Hon’ble Apex Court in

another case: Registrar General, High Court of Madras

v/s M. Manickam and others (2011) 9 SCC 245: reported

in A.I.R. 2011 SC 3658 has held that “Change of date of

birth is a very important responsibility to be discharged

for there is a general tendency amongst the employees to

lower their age and change their date of birth to suit their

career and to lengthen their service career”.

10.

In view of the law laid down by Hon’ble Apex Court

since the workman has agitated this dispute regarding his

incorrect date of birth cannot be accepted. It is relevant to

mention that concerned workman has nowhere mentioned

his Date of Birth. At the fag end of retirement few months

before superannuation assailing the incorrect Date of Birth

assessed by a Committee of M/s. Eastern Coalfields Limited

cannot be accepted.

11.

Considering the whole facts and circumstances of

the reference, discussed above, I come to the conclusion

that the action of management regarding age of concerned

workman Sri Kameshwar Paswan is legal and justified. The

concerned workman is not entitled to any relief.

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

ubZ fnYyh] 9 ekpZ] 2016

dk-vk- 513-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj ,iQlhvkbZ ds

izcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/ esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/dj.k@Je

U;k;ky;] dksydkrk ds iapkV (lanHkZ la- 48@2015) dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 09@03@2016 dks izkIr gqvk FkkA

[la- ,y&22011@10@2015&vkbZvkj (lh,e&II)]

jktsUnz ¯lg] vuqHkkx vf/dkjh

New Delhi, the 9th March, 2016

S.O. 513.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 48/2015)

of the Central Government Industrial Tribunal-cum-Labour

Court, Kolkata as shown in the Annexure in the Industrial

Dispute between the management of Food Corporation of

India, Regional Office and their workmen, received by the

Central Government on 09/03/2016.

[No. L-22011/10/2015-IR (CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

AT KOLKATA

Reference No. 48 of 2015

Parties:

Employers in relation to the management of Food

Corporation of India, Regional Office

AND

Their workmen

Present: Justice Dipak Saha Ray, Presiding Officer

Appearance:

On behalf of the

: None

Management

On behalf of the

: None

Workman

State: West Bengal

Industry: Food & Public

Distribution

Dated: 24th August , 2015

AWARD

By Order No. L-22011/10/2015-IR(CM-II) dated

03.08.2015 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 decision of the Management of Food

Corporation of India is justified in engaging

contractual workmen through engagement of

Handling contractor in place of regular workmen for

loading and unloading of rakes at Sreerampour Rly.

Siding is legal and/or justified? If not, what relief the

workmen are entitled to?”

2.

When the case is taken up today for hearing, none

appears either on behalf the union or on behalf of the

management. It appears from the record that none appeared

on behalf of the union on the previous two dates inspite of

service of notice. In fact none ever appeared on behalf of

the union since initiation of the instant reference.

3.

From the above facts and circumstances it may

reasonably be presumed that the union at whose instance

the present reference has been initiated has got no interest

in the matter. So, no fruitful purpose will be served in

keeping the matter pending.

4.

Considering the above, instant reference is disposed

of by passing a “No Dispute Award”.

Kolkata,

Dated the 24th February, 2016

Justice DIPAK SAHA RAY, Presiding Officer

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1077

ubZ fnYyh] 9 ekpZ] 2016

dk-vk- 514-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj ,lbZlh,y ds

izcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/ esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/dj.k@Je

U;k;ky;] tcyiqj ds iapkV (lanHkZ la- 9@2005) dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 09@03@2016 dks izkIr gqvk FkkA

[la- ,y&22012@58@2004&vkbZvkj (lh,e&II)]

jktsUnz ¯lg] vuqHkkx vf/dkjh

New Delhi, the 9th March, 2016

S.O. 514.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 9/2005)

of the Central Government Industrial Tribunal-cum-Labour

Court, Jabalpur as shown in the Annexure in the Industrial

Dispute between the management of Sohagpur Area of

SECL and their workmen, received by the Central

Government on 09/03/2016.

[No. L-22012/58/2004-IR (CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/9/2005

The Secretary,

MP Koyla Mazdoor Sabha (HMS),

Near GM Office, Dhanpuri,

Distt. Shahdol

...Workman/Union

Versus

Chief General Manager,

Sohagpur Area of SECL,

PO Dhanpuri,

Distt. Shahdol

...Management

AWARD

Passed on this 12th day of February, 2016

1.

As per letter dated 30-12-2004 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/

58/2004-IR(CM-II). The dispute under reference relates to:

“Whether the action of the Chief General Manager,

Sohagpur Area of SECL, PO Dhanpuri, Distt. Shahdol

(MP) in not allowing Shri Heera Singh, S/o Shri

Sukhdeo Singh, Token No. 3631, Amlai Colliery for

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

workman is entitled?”

2.

After receiving reference, notices were issued to

the parties. Workman filed statement of claim at Page 2/2

to 2/4. Case of Ist party workman is that he was working as

General Mazdoor in new Amlai colliery holding Token No.

3631. That he was sick in the month of August 2001 the

employer was informed. After recovery of his illness, he

had gone to join duty alongwith medical certificate, he was

not permitted to join duty without assigning reasons. He

received letter dated 31-8-00. He given reply to said letter

which was received by office of 2nd party on 3-9-01. Ist

party workman reiterates that management did not allow

him to join duty. The dispute was raised before ALC. After

failure to settle the dispute, reference is made to this

Tribunal. Ist party workman contends that he filed

documents relating to his sickness therefore management

cannot discontinue or terminate on the ground of

misconduct. That he is illiterate person and unable to

understand the action taken by management. that in absence

of enquiry, action of management is in violation of principles

of natural justice. If misconduct is found proved, for

absence of 1-2 months when he was suffering from illness,

his services cannot be terminated. On such ground,

workman prays for his reinstatement with backwages.

3.

2nd party filed Written Statement at Page 5/1 to 5/9

opposing claim of workman. case of 2nd party is that

workman Heera Singh was initially appointed as General

Mazdoor he was habitual absentee. He remained absent

from duty without intimation or permission or sanctioned

leave. Workman was issued several warnings, chargesheets

committed misconduct remaining absent form duty

unauthorisely. The details of the working days of workman

are shown in Para 4 of Written Statement in 1997 for 113

days, in 1998 for 98 days, in 1999 for 112 days, in 2000 for 55

days and in 2001 till August- 44 days.

4.

That chargesheet was issued to workman on

31-8-01 for absence from duty from 23-7-01. Workman

submitted reply to chargesheet. Reply of workman was

found unsatisfactory. Management decided to conduct

DE. Shri R.Kumar was appointed as Enquiry Officer, Shri

D.K.Verma as Management Representative. Memorandum

of enquiry was issued on 12-9-01. Enquiry was conducted

on 13-9-01. Charges were read over to workman. He denied

the charges against him. witness of management produced

Form C Register and Summary Register. Workman was asked

to cross-examine witness but he denied to cross-examine

management’s witness. 2nd party reiterates that enquiry

was conducted properly. Enquiry Officer held charges

against workman were proved. Considering proved charges

against workman, punishment of dismissal was imposed.

While imposing punishment, the past records of workman

was considered. He was given written warnings, not

attending duties. 2nd party refers to the ratio held in various

cases by Hon’ble Apex Court. 2nd party further submits

that sick leave is granted after certificate issued by Medical

officer. Workman had not given intimation about his

1078

THE GAZETTE OF INDIA : MARCH 19, 2016/PHALGUNA 29, 1937

[PART II—SEC. 3(ii)]

absence of sickness. For proved unauthorized absence,

workman was dismissed from service. Workman is not

entitled to any relief.

5.

As per order dated 26-2-2014, enquiry conducted

against workman is found proper and legal.

6.

Considering pleadings on record and order on

preliminary issue, the points which arise for my

consideration and determination are as under. My findings

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

(i)

Whether the charges alleged

In Affirmative

against workman is proved from

evidence in Enquiry proceedings?

(ii) Whether the action of the Chief

In Negative

General Manager, Sohagpur Area

of SECL, PO Dhanpuri, Distt. Shahdol

(MP) in not allowing Shri Heera Singh,

S/o Shri Sukhdeo Singh, Token No.

3631, Amlai Colliery for duties is proper

and legal?

(iii) If not, what relief the workman is

As per final

entitled to?”

order.

REASONS

7.

Enquiry conducted against workman is found proper

and legal as per order dated 26-2-2014. Terms of reference

and statement of claim pertains to refusal by management

to allow workman on duty. However in Written statement,

2nd party has contented that chargesheet was issued to

workman and his services are terminated for proved

misconduct of unauthorized and habitual absence.

Document Exhibit M-8 produced in enquiry working days

of workman in 1999 are shown. The report of enquiry is

produced at Exhibit M-13. Working days of workman are

shown in 1998 – working days- 98 days, CL-9 & sick leave-

15, in 1999- working days-110 days, CL-10 days, sick leave-

15 days, in 2000- working days-55 days, CL-8 days, sick

leave-15, in 2001- working days 44 days, CL-8, sick leave-

15 days. Chargesheet was issuied to workman on 31-8-01

covering the working of Ist party workman in 1997 for 113

days, in 1998 for 98 days, in 1999 for 110 days, in 2000 for 55

days and in 2001- monthwise working days are shown till

the month of August. The copies of muster roll for the year

1998, 99, 2000, 2001 are produced in Enquiry proceedings.

Evidence in Enquiry Proceedings supports findings of

Enquiry Officer. Therefore findings of Enquiry Officer

cannot be said perverse. The unauthorized absence of

workman is established. The documents of earlier

chargesheet and warnings issued to workman are not

produced on record. the charges shown in chargesheet

Exhibit M-2 dated 31-8-01 are proved from evidence in

Enquiry Proceedings. The punishment of removal is

imposed against workman as per order Exhibit M-14.

8.

As per evidence of management’s witness, Ist party

workman was initially appointed as General Mazdoor.

Exhibit M-1 is excerpt of service book produced by

management. The age of workman at the time of appointment

is shown 32 years. In his affidavit of evidence, age of

workman is shown 50 years. It is clear that workman was

working with 2nd party for quite long period. Any adverse

service record is not produced. Therefore punishment of

removal imposed against workman appears harsh.

9.

Shri A.K.Shashi relies on ratio held in

Case of New India Assurance Co.Ltd versus Vipin

Beharilal Srivastava reported in 2008(3)SCC-446.

Ratio held in the case pertains to proper mode of

obtaining sick leave.

Ratio held in case of Indian Iron and Steel Co. Ltd

versus Prahlad Singh reported in 2001(1)SCC-424

deals with the delay of 13 years in raising dispute.

In present case, there is no longer delay in raising

dispute. The services of workman terminated in 2001, the

dispute is raised in 2005. Sick leave are already shown by

the management. Therefore ratio held in above cases

cannot be beneficially applied. Workman has not committed

any act of causing loss, damage to the property of 2nd

party by committing any fraudulent act, therefore

punishment of removal cannot be sustained. In my

considered view considering length of service served by

workman, punishment of removal from service deserves to

be modified to compulsory retirement allowing retiral benefit

to the workman. accordingly I record my finding in Point

No.2.

10.

In the result, award is passed as under:-

(1)

The action of the Chief General Manager, Sohagpur

Area of SECL, PO Dhanpuri, Distt. Shahdol (MP) in

not allowing Shri Heera Singh, S/o Shri Sukhdeo

Singh, Token No. 3631, Amlai Colliery for duties is

not proper and legal.

(2)

Punishment of removal from service of workman is

modified to compulsory retirement. Ist party workman

be allowed retiral benefits as per rules.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 9 ekpZ] 2016

dk-vk- 515-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj ,ulh,y ds

izcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/ esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/dj.k@Je

U;k;ky;] tcyiqj ds iapkV (lanHkZ la- 88@2012) dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 09@03@2016 dks izkIr gqvk FkkA

[la- ,y&22012@84@2012&vkbZvkj (lh,e&II)]

jktsUnz ¯lg] vuqHkkx vf/dkjh

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1079

New Delhi, the 9th March, 2016

S.O. 515.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 88/2012)

of the Central Government Industrial Tribunal-cum-Labour

Court, Jabalpur as shown in the Annexure in the Industrial

Dispute between the management of Jayant Project of NCL

and their workmen, received by the Central Government

on 09/03/2016.

[No. L-22012/84/2012-IR (CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/88/2012

Zonal Secretary,

Koyla Udhyog Kamgar Sangathan,

B-530, NCL, Jayant Project,

Distt. Singrauli,

MP

...Workman/Union

Versus

General Manager,

Jayant Project of NCL,

PO Jayant,

Distt. Singrauli,

MP

...Management

AWARD

Passed on this 10th day of February 2016

1.

As per letter dated 25-7-2012 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/

84/2012-IR(CM-II). The dispute under reference relates to:

“Whether the action of the General Manager, Jayant

Project of NCL in not revoking/ annulling the

punishment imposed on Shri Sitaram Pandey, Crane

Operator, even after acquittal of charges from the

Hon’ble Court of law is legal and justified? To what

relief the claimant is entitled for and from which date?”

2.

After receiving reference, notices were issued to the

parties. Ist party workman submitted statement of claim at

Page 2/1 to 2/5. Case of Ist party workman is that he was

working on permanent post of Crane Operator with 2nd

party. on 29-6-00, workman was asked by his superior to

reach near canteen and unload certain goods form truck

bearing No. UP-70/L-9030. Workman reached to the place

along with a Khalasi namely Shri Ramdhari Kushwaha. The

crane was parked at a distance of about 4 meter behind the

truck. While making preparations for the unloading of the

material and while arranging proper positioning and

support for the TMC to station, all of a sudden the Khalasi

Ramdhari Kushwaha put TMC in reverse gear without any

indication and caution causing the accident of helper who

was standing between the tail end of the loaded truck and

the TMC was crushed to death. It was unexpected action

from Khalasi. He had no reason to reverse the truck when

preparatory work for unloading was going on. Subsequent

to said accident, the workman was implicated in criminal

case for offence under section 304 IPC bearing Case No.

99/2000. That as per order dated 7-2-00, workman was

suspended. Chargesheet was issued alleging misconduct

under Clause 26.5, 26.22, 26.23, 26.28 & 26.43 of the standing

orders applicable to 2nd party. In substance, management

alleged that without seeking permission from Competent

Authority, workman allowed unauthorized person to ply

the vehicle. That workman was not supplied list of

witnesses alongwith chargesheet or during the Enquiry

Proceedings, his defence was prejudiced. Workman

submitted reply to the chargesheet on 11-2-2000 denying

charges against him. He prayed for withdrawal of charges.

Shri M.B.Ram was appointed as Enquiry Officer on

29-2-2000. Shri P.Ghosh was appointed as Presenting Officer.

Subsequently Shri V.K.Shrivastava was appointed as

Presenting Officer. List of documents and list of witnesses

was not supplied to workman. Workman was represented

by Sheshmani Pannika. The enquiry was conducted in

violation of principles of natural justice. Report of Enquiry

Officer was not supplied to workman on 6-9-05, punishment

of stoppage of 3 increments with cumulative effect was

imposed against him.

3.

JMFC vide judgment dated 14-9-06 exonerated

workman on merit for offence under Section 304 IPC.

Workman submitted representations to review order of

punishment dated 6-9-05. The Disciplinary Authority while

imposing punishment did not consider his past record. the

appeal was not considered observing that leniency was

shown while imposing punishment. That the punishment

was imposed on recommendations of higher authorities,

Dy. Chief Personal Manager. Workman reiterates his service

record was unblemished. Enquiry Report was not given to

him. Enquiry is vitiated. The findings of Enquiry Officer are

perverse. He was implicated in false case. His defence was

not appreciated. On such grounds, workman prays that

punishment is disproportionate. On such grounds,

workman prays to quash the punishment order dated

6-9-05 imposed on him.

4.

2nd party management filed Written Statement

opposing claim of workman. 2nd party submits that

workman was employed as crane operator. On 29-1-2000,

he was deployed at Crane No.17C/2509Mounting Crane

TMC. Workman was directed to attend work at CSD canteen

to load material from Private Truck from outside. Helper

Ramdhari Kushwaha assisted workman. He loaded crane

at distance of 4 meter from Truck. The workman left crane

1080

THE GAZETTE OF INDIA : MARCH 19, 2016/PHALGUNA 29, 1937

[PART II—SEC. 3(ii)]

leaving key on crane itself. The crane was landing upto

4.15 PM in same position. Shri Ramdhari Kushwaha climbed

on the crane and reversed the crane without any indication.

Shri Patiram Singh was working behind the truck. As train

went reverse position hitting Patiram Singh General

Mazdoor, he was crushed to death. Chargesheet was issued

on 6-2-2000. Workman submitted his reply. DE was initiated

as per order No.70. Shri N.B.Ram was appointed as Enquiry

Officer, Shri P. Ghosh as Presenting Officer. Enquiry was

conducted against workman, Defence counsel Sheshmani

was allowed for his defence. 2nd party reiterates that the

witnesses of management were cross-examined by co-

worker. Workman did not adduce oral or documentary

evidence in support of his defence. It is denied that enquiry

was conducted in violation of principles of natural justice.

That criminal case was constituted by State against

workman. management had no role to play in the criminal

case. Acquittal of workman in criminal case doenot absorb

him from Disciplinary proceedings initiated against him.

standard of proof in DE and criminal case are different. On

such ground, 2nd party submits that reference be answered

in its favour.

5.

On 26-9-14, Shri Pranay Choubey counsel for

workman submitted that he doesnot want to adduce

evidence on preliminary issue. Management also not

adduced evidence on preliminary issue. Legality of enquiry

was not challenged therefore the evidence was adduced

on other issues. As legality of enquiry conducted against

workman was not challenged, considering pleadings on

record, the points which arise for my consideration and

determination are as under. My findings are recorded

against each of them for the reasons as below:-

(i)

Whether the charges alleged against

In Affirmative

workman are proved from evidence in

Enquiry proceedings?

(ii) Whether the action of the General

In Affirmative

Manager, Jayant Project of NCL in

not revoking/annulling the punishment

imposed on Shri Sitaram Pandey, Crane

Operator, even after acquittal of charges

from the Hon’ble Court of law is legal

and proper?

(iii) If not, what relief the workman is

Workman is

entitled to?”

not entitled

to any relief.

REASONS

6.

The legality of enquiry conducted against workman

was not challenged. Chargesheet was issued to workman

produced at Exhibit M-1. The charges against workman

pertains to deliberately avoiding the work entrusted to him.

Committing any act of indiscipline causing loss to the

company, causing damage to the property of company

allowing vehicle or machinery of company to unauthorized

person committing violation of standing orders. Exhibit

M-2 is copy of application submitted by workman for

withdrawal of charges Exhibit M-3,4,6 are memorandum of

enquiry issued to workman. Exhibit M-7 is copy of Enquiry

Proceedings, statements of management’s witness

Ramsharan, B.K.Singh, I.S.Rao are clear that the crane was

taken by workman to the Truck for unloading materials.

Helper Ramdhari Kushwaha had taken the crane reverse

while Ist party workman had come down from crane and

was discussing about unloading material from Truck. When

helper Ramdhari taken the crane reverse, it dashed to the

truck crushing mazdoor Patiram Singh. Statement of Ist

party workman is recorded at Page 26,27 of Enquiry

Proceedings. Workman in his statement in Enquiry

Proceedings says on 29-1-00 around 3.30 PM, he had

received order for unloading material from truck standing

near canteen. He reached to the place. The crane was taken

towards rear side of truck. The crane was shoot up. He

asked attendant Ramdhari to place blocking material to

block the wheels of crane for safety purpose. He got down

from the crane and was talking the matter about unloading

material. Helper Ramdhari was at crane. He had driven the

crane. Workman had rushed to crane and switched off.

After getting down, he saw that Patiram Singh was found

dead. Re-appreciation of evidence is not permissible. The

evidence of management’s witness is clear that workman

was crane driver. For unloading materials, crane was taken

near to truck. The crane was driven reverse by Helper

Ramdhari Kushwah. Workman had left the key at

dashboard. Therefore helper Ramdhari Kushwah could

drive the crane reverse back. The charge against workman

includes that he left key of crane at dash board is supported

by evidence in Enquiry Proceedings. The evidence is

sufficient to prove the charges against workman. Therefore

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

7.

Point No.2- Ist party workman and management’s

witness Kedar Nath filed affidavit of their evidence on

other issues. The evidence of workman Sitaram in his

affidavit is on the point that after switching off engine of

crane, he parked near the truck, he came down the crane

and instructed Shri Ramdhari Kushwah to bring blocking

material to block the wheels of the crane so that it may not

move and thereafter was discussing with the helper/ driver

of the truck as to manner in which the unloading process

would be carried. Shri Ramdhari without any instruction or

prior permission started the crane and moved the crane

due to which helper of truck died. In his cross-examination,

workman says on 29-1-06, he had taken vehicle near CHP

Canteen. During enquiry proceeding, he has stated that

Helper Ramdhari Kushwah has driven the crane.

Management’s witness Kedar Nath filed affidavit of his

evidence. He was not cross-examined by the counsel for

workman. Management’s witness in his affidavit says

workman was prosecuted by State Administration. His

acquittal from criminal charges doesnot absorb the

workman.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1081

8.

The order of punishment withholding 3 increments

of workman Exhibit W-3 was passed on 6-9-05. The workman

was acquitted in criminal case 99/02 as per judgment dated

14-9-2006 subsequent to the punishment of withholding 3

increments was imposed against him.

9.

Learned counsel for Ist party Shri Pranay Choubey

did not brought to my notice any citation that the acquittal

in criminal case subsequent to the punishment imposed

after enquiry invalidates the order of punishment.

10.

Learned counsel for 2nd party Shri A.K.Shashi relies

on ratio held in

“Case of Corporation of Nagpur versus Ramchandra

G.Modak reported in AIR-1984 SC-626. Their

Lordship held merely because accused in acquitted ,

the power of authority concerned to continue

departmental inquiry is not taken away.”

The facts of present case are not comparable. The

punishment was imposed much earlier to the acquittal of

the workman in criminal case.

Next reliance is placed in case of South Indian

Cashew Factories Workers Union versus Kerala State

Cashew Development Corporation Ltd. and others

reported in 2006(5)SCC-201. Their Lordship held

Section 11-A applicable only in case of dismissal or

discharge of a workman. Said section 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

but that section is applicable only in case of dismissal

of workman.

The punishment of dismissal/discharge was not

imposed against workman. Punishment of withholding 3

increments was imposed against workman. Therefore the

evidence cannot be re-appreciated.

11.

Copies of Award in R/117/97, R/38/90 are submitted

by Shri A.K.Shashi.The facts and evidence in both cases

are different. Both the cases pertains to the punishment of

dismissal imposed against workman.

12.

I may also mention that the charge in criminal case

prosecuted against workman was for offence under Section

304-A IPC pertain to causing death by rash and negligent

driving whereas charge in the enquiry conducted against

him was leaving the key of crane in dash board

unauthorisely allowing helper to drive crane causing death

of the General Mazdoor Patiram Singh. The charge in criminal

case and Departmental Enquiry were not identical therefore

the acquittal of Ist party workman in criminal case doesnot

relieve him from the charges alleged against him in Enquiry

Proceedings. In view of ratio held in case 2006(5)SCC-201,

the punishment of withholding 3 increments of workman

cannot be said excessive. No interference is called for.

13.

Learned counsel for workman Shri Pranay Choubey

submits that departmental Enquiry was conducted against

Shri Ramdhari Kushwah and punishment of withholding

one increment was imposed against him. The punishment

of withholding 3 increments of workman is excessive and

discriminatory. In view of ratio held in 2006(5)SCC-201, the

interference in order of punishment is not justified. For

above reasons, I record my finding in Point No.2 in

Affirmative.

14.

In the result, award is passed as under:-

(1)

The action of the General Manager, Jayant Project of

NCL in not revoking/ annulling the punishment

imposed on Shri Sitaram Pandey, Crane Operator, even

after acquittal of charges from the Hon’ble Court of

law is legal and proper.

(2)

Workman is not entitled to any relief.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 9 ekpZ] 2016

dk-vk- 516-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj ,lbZlh,y ds

izcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/ esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/dj.k@Je

U;k;ky;] tcyiqj ds iapkV (lanHkZ la- 105@2011) dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 09@03@2016 dks izkIr gqvk FkkA

[la- ,y&22012@132@2011&vkbZvkj (lh,e&II)]

jktsUnz ¯lg] vuqHkkx vf/dkjh

New Delhi, the 9th March, 2016

S.O. 516.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 105/

2011) of the Central Government Industrial Tribunal-cum-

Labour Court, Jabalpur as shown in the Annexure in the

Industrial Dispute between the management of SECL,

Baikunthpur Area, PO-Baikunthpur, SECL, Jhilmili, Sub-

Area of Baikunthpur Area and their workmen, received by

the Central Government on 09/03/2016.

[No. L-22012/132/2011-IR (CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/105/2011

The President,

Samyukta Koyla Mazdoor

Sangh (AITUC) Union,

Baikumthpur Area, PO Pandavpara,

Distt. Korea, Chhattisgarh

...Workman/Union

1082

THE GAZETTE OF INDIA : MARCH 19, 2016/PHALGUNA 29, 1937

[PART II—SEC. 3(ii)]

Versus

Chief General Manager,

SECL, Baikunthur Area,

PO Baikunthpur, Distt. Korea,

Chhattisgarh

Sub-Area Manager, SECL,

Jhilmili Sub-Area of Baikunthpur Area,

PO Pandavpara (Patna),

Distt. Korea, Chhistgarh

...Management

AWARD

Passed on this 15th day of February, 2016

1.

As per letter dated 10-10-2011by 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/

132/2011-IR(CM-II). The dispute under reference relates

to:

“Whether the action of the management of the Chief

General Manager, SECL, Baikunthpur Area and the

Sub-Area Manager, Jhilmili Sub Area SECL, Distt.

Korea (CG) in neither allowing to the workman in

dipsute Shri Surendra Pratap Singh for his duty we.f.

26-10-09 even after his application dated 26-10-09

not making payment from 26-10-09 to 15-12-09 due to

procedural delay of management was legal and

justified? To what relief the workman concerned is

entitled to and from which date?”

2.

After receiving reference, notices were issued to the

parties. President of SKMS Union submitted statement of

claim on behalf of Ist party workman on 29-11-2011. The

case of Ist party is workman Shri Surendra Pratap Singh S/

o Shri Vishwanath working as Sr. Clerk, he was arrested on

13-12-07 for offence under Section 302 IPC. Son of workman

namely Rakshendra Pratap given its intimation in writing

to Sub-Area Manager. The intimation on phone was also

given. On application of workman, he was granted Casual

Leave for the period 15-12-07 to 22-12-07. Workman was

paid salary for the period 14-12-07 to 22-12-07. For purpose

of securing bail, workman had requested attendance

register. The certificate was issued by management about

the attendance during the period from 14-12-07 to 12-8-09.

Workman was in judicial custody in sub-jail at Surajpur. On

12-8-09, he was transferred to Central Jail, Ambikapur. On

21-10-09, he was acquitted by Additional Session Judge,

Suragpur. On 26-10-09, workman submitted application for

joining duty. He was permitted to join duty from 16-12-09.

After his arrest, workman was under detention for more

than 48 hours. Clause 28.9 of standing order provides for

immediate suspension and payment of subsistence

allowance. Workman was absent from duty for about 22

months. Management did not comly with clause 28.9 of

standing order. He was not paid 50 % subsistence

allowance. Workman submits that since he submitted

application on 26-10-09, till he was allowed to join duty on

16-12-09, he is entitled for full wages. The amount of

Rs.47,355/- is claimed by workman.

3.

2nd party filed Written Statement opposing claim of

workman. 2nd party did not dispute that workman was

working as Sr. Clerk Grade I in Jhilmili Sub Area. Workman

was granted leave from 14-12-07 to 21-12-07. He did not

report for duty. Chargesheet for unauthorized absence was

issued to workman on 16-2-08. Workman submitted

representation dated 1-10-08, 5-3-09, 25-5-09 & 4-9-09

intimating management that he was in judicial custody for

offence under Section 302/34 of IPC Criminal Case No. 54/

2007. After receiving his communication, management did

not take any action on the chargesheet issued to workman.

Workman submitted application to resume duty on 26-10-09.

The certificate issued by jail authority was also submitted

along with application in respect of period of detention

form 14-12-07 to 21-10-09. Copy of order passed in Criminal

Case 65/08 by Ist Additional Session Judge, Surajpur, Distt.

Surguja was produced. The workman alongwitihi other

accused were prosecuted for offence under Section 302

IPC. Workman was acquitted on 21-10-09. On receipt of

representation by workman, it was forwarded to

headquarter of the company for further advice on 4-11-09.

Said notesheet was received by Headquarters after taking

legal advice of company Headquarter. Headquarter

informed area management vide order dated 7-12-09

granting approval to permit the workman to resume duty.

2nd party submits that 41days time required for receiving

approval from Headquarter allowing workman for resuming

duty is bonafide. Workman is not entitled to monetary

benefits claimed by him.

4.

Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:-

“(i) Whether the action of the manage-

In Affirmative

ment of the Chief General Manager,

SECL, Baikunthpur Area and the

Sub-Area Manager, Jhilmili Sub-Area

SECL, Distt. Korea (CG) in neither

allowing to the workman in dipsute

Shri Surendra Pratap Singh for his

duty we.f. 26-10-09 even after his

application dated 26-10-09 not making

payment from 26-10-09 to 15-12-09 due

to procedural delay of management

was legal and justified?

(ii) If not, what relief the workman is

Workman is

entitled to?”

not entitled to

any relief.

REASONS

5.

Term of reference pertains to non-payment of wages

to workman for the period 26-10-09 to 15-12-09.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1083

6.

Workman filed affidavit of his evidence supporting

contentions in statement of claim. That after his arrest,

workman was granted leave for the period from 14-12-07 to

21-12-07. Workman was paid wages for the said period. He

was not paid wages since 22-12-07. On his request,

attendance certificate was issued by 2nd party. Intimation

about his detention in jail was given to management on

various dates. After his acquittal on 21-10-09, workman

submitted application for joining duty on 26-10-09. He was

allowed to join duty on 16-12-09. He claims wages for the

period 26-10-09 to 15-12-09. Documents are produced at

Exhibit W-1 to W-23. I will deal with documentary evidence

at later part. In his cross-examination, workman says in

criminal case, charges of burning his daughter in law by

pouring kerosene were alleged against him. Charge was

found false and workman was released from jail. On

26-10-09, he had submitted application for resuming duty.

The application was submitted to inward clerk . On

16-12-09, he joined duty.

7.

Management’s witness ShriS.K.Mallik filed affidavit

of evidence supporting contentions in statement of claim.

The arrest and detention of workman in jail in criminal case

for offence under 302 IPC is not disputed. Management’s

witness was not cross-examined. Several documents are

produced by management. Parties are not in dispute about

workman submitting application for joining duty on

25-10-09 and he was allowed to join duty on 16-12-09.

8.

The documents produced by management Exhibit

M-9 is chargesheet issued for unauthorized absence.

Exhibit M-1 to 4 are applications submitted by workman on

10-10-08, 5-3-09, 25-5-09, 4-9-09 about his detention in jail

and his inability to report on duty. Exhibit M-5 is application

dated 26-10-09 M-6 is attendance certificate issued by Jail

authorities. Exhibit M-6 is copy of judgment. Exhibit M-10

is copy of note sheet submitted to headquarter for allowing

workman to join duty. Workman was allowed to join duty

as per Exhibit M-1. Exhibit M-8 is order dated 15-12-09

allowing workman to resume duty. Exhibit W-18 is copy of

voting card issued by Election Commission. The documents

Exhibit W-2 to W-8 have no direct relevance to the point in

controversy between parties. Workman has produced copy

of judgment in Case No. 65/08 at Exhibit W-9. The

application for resuming duty is produced at Exhibit W-10.

Similar set of documents are produced by workman at Exhibit

W-11 to W-17.

9.

The substance of the evidence adduced by both

parties is that workman submitted application for resuming

duty on 25-10-09, he was allowed to join duty on 16-12-09.

The question is whether workman is entitled to claim wages

for intervening period. The evidence is clear that

application received from workman was forwarded to

headquarter for guidance and headquarter had allowed

workman to resume duty as per order dated 15-12-09.

Whether time required for allowing application of workman

is unreasonable and workman should be paid wages for

the intervening period. Whether the period required for

taking decision by the management of 2nd party and its

headquarter is unreasonable , whether workman is entitled

to claim wages. The meaning of reasonable given in Oxford

Dictionary is fair, practical and sensible, acceptable and

appropriate in particular situation. The evidence is clear

that workman was arrested for offence under Section 302

IPC on 13-12-07. He was acquitted by Ist Additional

Session Judge on 15-12-09. The application for resuming

duty was given by workman on 26-10-09. After the

application was forwarded to head office, the request of

applicant was allowed on 15-12-09. Workman joined duty

on 16-12-09 if the above circumstances are considered,

time required for taking decision after advice from

headquarter cannot be said unfair and unreasonable. No

evidence is brought on record about unreasonable delay

for taking decision by the management of 2nd party therefore

claim of Ist party workman for wages for the period in

question cannot be accepted.

10.

I may quote ratio held by ShriA.K.shashi in case

between Management of Reserve Bank of India versus

Shri Bhopal Singh Panchal reported in 1994-I-LLJ-642. The

ratio in the case pertains to period of suspension pending

criminal proceeding. The Competent Authority has to take

into consideration circumstances of each case to decide as

to how period of suspension has to be treated. The ratio

has no bearing to the controversy between parties in

present case. Workman was not suspended. There was no

question of treating suspension period of Ist party workman

rather workman is claiming recovery of wages for the period

be submitted application for resuming duty on 25-10-09 till

he was allowed to join duty on 16-12-09. For above reasons,

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

11.

In the result, award is passed as under:-

(1)

The action of the management is proper and legal.

(2)

Workman is not entitled to any relief.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 9 ekpZ] 2016

dk-vk- 517-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj ,lbZlh,y ds

izcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/ esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/dj.k@Je

U;k;ky;] tcyiqj ds iapkV (lanHkZ la- 106@2011) dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 09@03@2016 dks izkIr gqvk FkkA

[la- ,y&22012@130@2011&vkbZvkj (lh,e&II)]

jktsUnz ¯lg] vuqHkkx vf/dkjh

New Delhi, the 9th March, 2016

S.O. 517.—In pursuance of Section 17 of the

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

1084

THE GAZETTE OF INDIA : MARCH 19, 2016/PHALGUNA 29, 1937

[PART II—SEC. 3(ii)]

Government hereby publishes the Award (Ref. No. 106/

2011) of the Central Government Industrial Tribunal-cum-

Labour Court, Jabalpur as shown in the Annexure in the

Industrial Dispute between the management of SECL,

Baikunthpur Area, PO-Baikunthpur, SECL, Jhilmili, Sub-

Area of Baikunthpur Area and their workmen, received by

the Central Government on 09/03/2016.

[No. L-22012/130/2011-IR (CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/106/2011

The President,

Samyukta Koyla Mazdoor

Sangh (AITUC) Union,

Baikumthpur Area, PO Pandavpara,

Distt. Korea, Chhattisgarh

...Workman/Union

Versus

Chief General Manager,

SECL, Baikunthpur Area,

PO Baikunthpur, Distt. Korea,

Chhattisgarh

Sub-Area Manager, SECL,

Jhilmili Sub-Area of Baikunthpur Area,

PO Pandavpara (Patna),

Distt. Korea, Chhistgarh

...Management

AWARD

Passed on this 15th day of February, 2016

1.

As per letter dated 10-10-2011by 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/

130/2011-IR(CM-II). The dispute under reference relates

to:

“Whether the action of the management of the Chief

General Manager, SECL, Baikunthpur Area and the

Sub Area Manager, Jhilmili Sub Area SECL, Distt.

Korea (CG) in non-payment of suspension allowances

to Shri Surendra Pratap Singh Sr. Clerk Grade I (SLU)

during the period of his judicial custody from

23-12-07 to 21-10-09 without suspension was legal

and justified? To what relief the workman concerned

is entitled to and from which date?”

2.

After receiving reference, notices were issued to the

parties. President of SKMS Union submitted statement of

claim on behalf of Ist party workman on 29-11-2011. The

case of Ist party is workman Shri Surendra Pratap Singh

S/o ShriVishwanath working as Sr. Clerk, he was arrested

on 13-12-07 for offence under Section 302 IPC. Son of

workman namely Rakshendra Pratap given its intimation in

writing to Sub-Area Manager. On application of workman,

he was granted Casual Leave for the period 15-12-07 to 22-

12-07. Though workman had applied for Leiu leave,

workman was paid salary for the period 14-12-07 to 22-12-

07. Workman was in judicial custody till his acquittal on 21-

10-09. Workman was released from jail after his acquittal.

He submitted application for joining duty on 11-1-10. He

had also submitted application for payment of subsistence

allowance as per Clause 28.9 of the standing order for

recovery under Section 33(C)(2). The amount was not paid.

Workman reiterates that he is entitled to 50 % subsistence

allowance as per clause 28.9 of the standing order applicable

to the 2nd party. Workman was in judicial custody after his

arrest for offence under Section 302 IPC. Workman was

allowed to join duty on 15-12-09. He claims subsistence

allowance for the period 23-12-07 to 21-10-09 as per clause

28.9 of the standing order.

3.

2nd party filed Written Statement opposing claim of

workman. 2nd party did not dispute that workman was

working as Sr. Clerk Grade I in Jhilmili Sub Area. Workman

was granted leave from 14-12-07 to 21-12-07. He did not

report for duty. Any information was not received from his

side. He was unauthorisely absent without intimation or

sanctioned leave. In the circumstances, management had

no option but to issue chargesheet dated 16-2-08 for

unauthorized absence. Workman submitted representation

dated 1-10-08, 5-3-09, 25-5-09 & 4-9-09 intimating

management, he was in judicial custody for offence under

Section 302/34 of IPC Criminal Case No. 54/2007. After

receiving his communication, management did not take any

action on the charge sheet issued to workman, that

workman did not inform management about his arrest in

judicial custody till receipt of charge sheet issued to him

for unauthorized absence. Workman submitted application

to resume duty on 26-10-09. The certificate issued by jail

authority was also submitted along with application in

respect of period of detention from 14-12-07 to 21-10-09.

Copy of order passed in Criminal Case 65/08 by Ist

Additional Session Judge, Surajpur, Distt. Surguja was

produced. The workman was tried by State of Chhattisgarh

on charges that Shri Premkumar, S/o Shri Surendra Pratap

Singh was carried with Rambai about 12 years back from

date of incident. On 3-11-07, Rambai W/o Premkumar and

daughter in law demanded dowry of Rs. One Lakh from the

parents of daughter in law. Pouring kerosene in her daughter

in law was set on fire. Daughter in law was admitted in

Holly Cross Hospital where she was dead. After receiving

representation of workman for joining duty, application

was forwarded to Headquarter of the company at Bilaspur

for further advice on 4-11-09. Said notesheet was received

by Headquarters after taking legal advice of company

Headquarter. Headquarter informed area management vide

order dated 7-12-09 granting approval to permit the

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1085

workman to resume duty. 2nd party submits that workman

was not suspended by management. He was detained after

his arrest. Workman was in judicial custody. Management

has no role with his arrest or detention. Workman was not

suspended by management. Workman is not entitled to

suspension allowance. The delay of 41 days granting

approval to resume duty to workman is bonafide. On such

ground, 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 manage-

In Affirmative

ment of the Chief general Manager,

SECL, Baikunthpur Area and the

Sub Area Manager, Jhilmili Sub

Area SECL, Distt. Korea (CG) in

non-payment of suspension

allowances to Shri Surendra

Pratap Singh Sr. Clerk Grade I

(SLU) during the period of his

judicial custody from 23-12-07 to

21-10-09 without suspension was

legal and justified?

(ii) If not, what relief the workman is

Workman is

entitled to?”

not entitled to

any relief.

REASONS

5.

Term of reference pertains to denial of suspension

allowance to the workman for the period 23-12-07 to 21-10-09

as per Clause 28.9 of the standing order. The documents

produced by management Exhibit M-1 to M-11 are admitted.

Documents pertains to Exhibit M-9 is chargesheet. No

action was taken on chargesheet issued to workman for

unauthorized absence. Exhibit M-1 is application submitted

by workman for joining duty. Exhibit M-2 is application

dated 5-3-09 requesting management to allow workman to

join duty. Exhibit M-3 is application dated 25-5-09. Exhibit

M-4 is application dated 4-9-09. Workman had informed

management about his inability to join duty. Exhibit M-5 is

application dated 26-10-03 requesting management to allow

him to join duty. Exhibit M-6 is certificate issued by Jain

authorities about detention of workman in jail. Workman

was released from jail after his acquittal in criminal case.

Exhibit M-7 is copy of judgment in Criminal case No. 65/08.

Exhibit M-10 is notesheet whereby workman was permitted

to join duty. Exhibit M-11 is letter sent by management

along with notesheet allowing workman to join duty. Exhibit

M-8 is order allowing workman to join duty. Workman has

also produced similar documents at Exhibit W-10, 11,12,13

& 14. As per Exhibit W-15, workman had submitted

application for recovery of money due from employer. The

documents Exhibit W-16,17 are the application submitted

claiming amount due to recovery from the management.

6.

Workman filed affidavit of his evidence supporting

contentions in statement of claim. That after his arrest,

workman was granted leave for the period from 14-12-07 to

21-12-07. Workman was paid wages for the said period. He

was not paid wages since 22-12-07. Workman was detained

in jail for offence under Section 302 read with 34 IPC

during the period 14-12-07 to 21-10-09. He claims to be

entitled for subsistence allowance. From his evidence in

chief, documents Exhibit W-18 to W-23 are admitted in

evidence. In his cross-examination, workman says in

criminal case, charges of burning his daughter in law by

pouring kerosene were alleged against him. Charge was

found false and workman was released from jail on 26-10-09.

The copy of attendance register produced by him are not

bearing signature of the authorities. Workman submits

that chargesheet Exhibit M-9 was not received by him.

7.

Management’s witness ShriS.K.Mallik filed affidavit

of evidence supporting contentions in statement of claim.

The arrest and detention of workman in jail in criminal case

for offence under 302 IPC is not disputed. Management’s

witness in his cross says on 16-2-08, chargesheet was

issued to workman but any action was not taken against

him as workman was prosecuted in criminal case. After

judgment in criminal case, workman was allowed to resume

duty. The service conditions of workman are covered by

certified standing orders.

8.

The dispute between parties pertains to recovery of

subsistence allowance as per clause 28.9 of standing order.

It is dispute between parties whether the workman is

entitled to subsistence allowance as per clause 28.9 of

certified standing order. Clause 28.9 of certified standing

order provides-

“not withstanding the provisions contained in the

standing orders as above, the management reserves

right to suspend a workman being prosecuted in a

court of law for any grave criminal offence involving

moral turpitude of murder until the disposal of the

trial. The workman concerned shall be entitled to

50 % of wages as subsistence allowance. In case the

above workmen is finally acquitted, he would be paid

full wages for the period of suspension.”

The pleadings and evidence of Ist party are silent

that the workman was suspended after he was acquitted in

criminal case. Clause 28.9 provides that the management

reserve right to suspend the workman being prosecuted in

court for criminal act involving moral turpitude. Said right

was not exercised by management. Workman was not

suspended. When workman was not suspended and he

was allowed to resume duty after his acquittal in criminal

court, the claim of workman for subsistence allowance

under Clause 28.9 of standing order cannot be accepted.

9.

Learned counsel for Ist party Shri R.C.Shrivastav

submits that clause 28.9 of the standing order gives right

to suspend workman on his prosecution in criminal court

1086

THE GAZETTE OF INDIA : MARCH 19, 2016/PHALGUNA 29, 1937

[PART II—SEC. 3(ii)]

for the offence involving moral turpitude, murder etc. it

was obligatory for management to suspend workman. The

workman is deemed to have been suspended and therefore

workman be entitled to subsistence allowance as per clause

28.9 of standing order. In support of above argument,

reliance is placed in

Case of Prakash Kumar Sahu versus Union of India

and others reported in 2012(2)MPLJ-347. Ratio held

by their Lordship is on the point suspension of

Government Servant on ground of arrest in criminal

case. There is no break in service, a non duty period

cannot be excluded from counting the said period of

suspension for the purpose of pension. Decision of

the Competent Authority for not treating the period

of suspension having condoned the break in service

being patently erroneous cannot be given approval.

The ratio held in the case doesnot cover the

controversy between parties as workman was not

suspended, no question of revocation of suspension order

is involved. Workman is claiming suspension allowance.

Above clause in standing order gives power to the

management for suspending employee involved in criminal

case of moral turpitude etc. workman cannot be deemed

suspended. Clause 28.9 is silent about the deeming

suspension. The argument advanced by Shri R.C.

Shrivastava for workman cannot be accepted. For above

reasons, I record my finding in Point No.1 in Affirmative.

10.

In the result, award is passed as under:-

(1)

The action of the management of the management in

non-payment of suspension allowances to

Shri Surendra Pratap Singh Sr. Clerk Grade I (SLU)

during the period of his judicial custody from 23-12-07

to 21-10-09 without suspension is proper and legal.

(2)

Workman is not entitled to any relief.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 9 ekpZ] 2016

dk-vk- 518-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj MCY;wlh,y ds

izcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/ esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/dj.k@Je

U;k;ky;] tcyiqj ds iapkV (lanHkZ la- 133@1995) dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 09@03@2016 dks izkIr gqvk FkkA

[la- ,y&22012@185@1994&vkbZvkj (lh&II)]

jktsUnz ¯lg] vuqHkkx vf/dkjh

New Delhi, the 9th March, 2016

S.O. 518.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 133/

1995) of the Central Government Industrial Tribunal-cum-

Labour Court, Jabalpur as shown in the Annexure in the

Industrial Dispute between the management of WCL,

Baikunthpur Area, PO-Baikunthpur, SECL and their

workmen, received by the Central Government on 09/03/

2016.

[No. L-22012/185/1994-IR (C-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/133/95

Smt.Saira Banoo, wife,

Sameer Ali & Javeed Ali- sons &

Ammena Banoo, daughter- LRs of

Shri Skakir Ali, Pumper, Chandametta Colliery,

Eagle Radios, Main Road,

Chandametta, Post Parasia,

Distt. Chhindwara

...Workman/LRs

Versus

Manager, WCL,

Chandametta colliery,

Post Chandametta,

Chhindwara (MP)

...Management

AWARD

Passed on this 12th day of February 2016

1.

As per letter dated 12-7-95 by the Government of

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

received. The reference is made to this Tribunal under

Section -10 of I.D.Act, 1947 as per Notification No.L-22012/

185/94-IR(C-II). The dispute under reference relates to:

“Whether the action of the Manager, Chandametta

Colliery of WCLtd., Pench area, PO Chandametta,

Distt. Chhindwara (MP) in terminating the services

of Shri Shakir Ali, S/o Ahmad Khan, Pump Khalasi,

Chandametta Colliery vide his order dated 10-5-82 is

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

to?”

2.

After receiving reference, notices were issued to the

parties. Ist party workman submitted statement of claim at

Page 4/1 to 4/2. Workman died during pendency of

reference. His LRs are brought on record. case of deceased

workman was that he was working from 1972 at Chandametta

colliery. He was working with devotion. For some reasons,

he was absent from duty from 20-3-82. On 10-5-82, his

services were terminated as per clause 19 of standing orders.

His services were terminated without chargesheet on

enquiry in violation of principles of natural justice. Workman

repeatedly requested for allowing him on duty was not

considered. On such contentions, workman submits that

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1087

order of his termination is illegal. He prays for reinstatement

with backwages.

3.

Management of 2nd party submitted preliminary

objection at Page 5/1 to 5/2 submitting that workman was

terminated on 10-5-82. The dispute was raised submitting

application before ALC on 9-6-92. The Government has

referred dispute vide order dated 12-7-95 is not tenable.

The statement of claim signed by Shri P.K.Bannerjee has

no locus standi is also not tenable.

4.

Detailed Written Statement is filed at Page 6/1 to 6/3.

2nd party submits that deceased workman Shakir Ali was

permanent employee of Chandametta colliery as Pump

Khalasi. He was absent from duty without permission from

20-3-82. His services were terminated as per clause 19 of

certified standing orders on 10-5-82 for his absence more

than 30 days. The dispute is raised after lapse of more than

13 years is not tenable. It is reiterated that when workman

was unauthorisely absent, his services were terminated as

per clause19 of standing orders. 2nd party contends that if

Tribunal hold that enquiry is necessary, management be

sought permission to lead evidence about unauthorized

absence of workman. The action of management is legal

and proper.

5.

Workman filed rejoinder at Page 8/2 to 8/3 reiterating

his contentions in statement of claim.

6.

After amendment impleading LRs of deceased

workman by Ist party, additional Written Statement is filed

by management reiterating that dispute raised after 13 years

is not tenable.

7.

Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:-

(i) Whether the action of the Manager,

In Affirmative

Chandametta Colliery of WCLtd.,

Pench area, PO Chandametta, Distt.

Chhindwara (MP) in terminating the

services of Shri Shakir Ali, S/o Ahmad

Khan, Pump Khalasi, Chandametta

Colliery vide his order dated 10-5-82

is justified?

(ii) If not, what relief the workman is

Workman/LRs

entitled to?”

are not entitled

to any relief.

REASONS

8.

The term of reference pertains to legality of the order

of termination of service of deceased workman. workman

filed affidavit of his evidence, he was not cross-examined.

Workman died during pendency of reference proceeding.

His LRs are brought on record. Smt. Saira Bano, wife of

deceased Shakir Ali and Sameer Ali son of deceased

workman filed affidavit of evidence. Affidavit of Shri Saira

Bano was not pressed. Sameer Ali in his cross-examination

claims ignorance about the service of his deceased father.

Shri Javed son of deceased workman in his affidavit of

evidence says his father was repeatedly working with 2nd

party from 1972. Because of illness, he did not attend duty.

Intimation about his illness was given to the management.

his father was terminated without notice. Retrenchment

compensation was not paid. In his cross-examination, Shri

Javed says affidavit of his evidence is filed as per the

information he received from his father when he attained

18 years of age. He had not seen any documents of service

of his father. When his father was in service of WCL, all

family members were receiving treatment in company

hospital. His father was working in pench area of WCL.

Burkui hospital is at 3kms distance from pench area. Medical

facility is available in said hospital. He was unable to tell in

1982 period of his father attending duties and absence

from duty.

9.

Management filed affidavit of evidence of Personal

Manager Abdul Hakim but he did not appear for his cross-

examination. Management did not examine any witness to

substantiate its contentions as workman was proceeded

exparte. Termination order of workman is not produced. As

per ordersheet dated 27-5-08, right of workman to adduce

evidence was closed. In his statement of claim, workman

has contented for some reasons he was absent from

27-3-82. His services were terminated as per order dated

10-5-82 as per clause 19 of standing orders therefore non

production of order of termination of service of workman

cannot be said vital. Copy of standing order is produced

on record. Clause 19 of standing order provides- if workman

remains absent for more than 30 days without giving

intimation, his services would automatically stand

terminated.

10.

Learned counsel for workman Shri R.K.Soni submits

that clause 18 of standing order provides about the

misconduct. Clause 18(d) of the standing order pertain to

unauthorized absence of workman as misconduct. Shri

R.K.Soni emphasized that case of deceased workman is

covered under Clause 18(b) of standing order. His services

were terminated without notice therefore order of

termination is illegal. If clause 18 & 19 of the standing

orders are carefully considered, clause 19 of standing order

deals with absence of the employee without intimation to

the management for period more than 30 days when services

of workman are automatically terminated. The standing order

are not challenged before Competent Authorities therefore

standing orders are binding on deceased workman. the

unauthorized absence covered under Clause 18 appears

different from the absence more than 30 days without

intimation to the management covered under Clause 19 of

standing orders. Therefore the action of the management

cannot be said illegal.

1088

THE GAZETTE OF INDIA : MARCH 19, 2016/PHALGUNA 29, 1937

[PART II—SEC. 3(ii)]

11.

Besides above, Shri A.K.Shashi for management

submit that services of workman were terminated as per

clause 19 of the standing order on 10-5-82, the dispute was

raised before ALC in 1992 and reference is made in 1995

after 13 years. The reference is not tenable. In support of

his argument, Shri A.K.Shashi relies on ratio held in

Case of Assistant Executive Engineer, Karnataka

versus Shivalinga reported in 2002-I-LLJ-457. Their

Lordship dealing with delay and latches- delay of

more than 9 years in approaching Labour Officer held

in cases of serious dispute as to relationship of

employer and employee, records of employer being

relevant would come a way of maintenance of same

situation of such nature renders claim stale.

In case between Indian Iron and Steel Co.Ltd versus

Prahlad Singh reported in 2001(1)SCC-424. Their

Lordship dealing with the dispute raised after 13

years of termination of service, no reasonable

explanation given for such delay, it was held that

Industrial Tribunal rightly refused to grant any relief.

In present case, as per pleading in Written Statement,

the dispute was raised before ALC in 1992 after lapse of 10

years the delay is not explained. The dispute raised by

workman is rendered stale.

12.

Shri A.K.Shashi further relies on ratio held in

Case between New India Assurance Company Ltd.

versus Vipin Beharilal Srivastava reported in

2008(3)SCC-446. Their Lordship held proper mode

for obtaining sick leave, sick leave can be granted

only on production of Medical Certificate from

Registered Medical Practitioner.

Ist party has not adduced evidence about deceased

workman given intimation about his absence to the

management. Any medical certificate is not produced

therefore action of management cannot be said illegal. For

above reasons, I record my finding in Point No.1 in

Affirmative.

13.

In the result, award is passed as under:-

(1)

The action of the Manager, Chandametta Colliery of

WCLtd., Pench area, PO Chandametta, Distt.

Chhindwara (MP) in terminating the services of Shri

Shakir Ali, S/o Ahmad Khan, Pump Khalasi,

Chandametta Colliery vide his order dated 10-5-82 is

proper and legal.

(2)

Workman/LRs are not entitled to any relief.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 9 ekpZ] 2016

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14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj ,lbZlh,y ds

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New Delhi, the 9th March, 2016

S.O. 519.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 252/

1999) of the Central Government Industrial Tribunal-cum-

Labour Court, Jabalpur as shown in the Annexure in the

Industrial Dispute between the management of SECL, and

their workmen, received by the Central Government on

09/03/2016.

[No. L-22012/370/1998-IR (CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/252/99

Secretary,

Bhartiya Koyla Khadan Mazdoor Sangh (BMS),

C/o SECL Hqrs, Seepat Road,

Bilaspur (MP)

...Workman/Union

Versus

Chairman cum Managing Director,

SECL Hqrs., Seepat Road,

Bilaspur (MP)

...Management

AWARD

Passed on this 5th day of February, 2016

1.

As per letter dated 23-6/9-7-99 by the Government of

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

received. The reference is made to this Tribunal under

Section -10 of I.D.Act, 1947 as per Notification No.L-22012/

370/98/IR(CM-II). The dispute under reference relates to:

“Whether the action of the management of SECL in

reducing the annual leave of Security Guards from

18 days in a year to 8 days in a year from 1994 is

justified? If not, to what relief is the concerned

employees are entitled?”

2.

After receiving reference, notices were issued to the

parties. Ist party Union submitted statement of claim at

Page 8/1 to 8/2. Case of Ist party Union is that all monthly

rated employees posted in SECL Hqr. Bilaspur including

security personnel/ Security Guard were enjoying 18 days

holidays in a calendar year right from the formation of SECL

from the year 1986 till 1993. In the year 1994, management

of SECL Hqr. Bilaspur issued office order dated 28-4-94

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1089

bifurcating the monthly rated employees in 2 groups on

their duty hours (1) whose working hours is 6 ½ hours and

(2) employees whose duty hours was 8 hours day.

Employees with duty hours of 6 ½ hours were entitled to

get 18 holidays and those whose duty hours was 8 hours

a day were put to disadvantageous condition by reducing

their holidays from 18 to 8 in a calendar year. By issuance

of above said order, the service conditions of 68 security

Personnel were affected. That after issuance of the aforesaid

order dated 28-4-94, the management denied the Security

Personnel to enjoy 18 days holidays from 1994. Union tried

to convince management but was of no use. Secondly the

dispute has been raised.

3.

Ist party Union further submits that the management

of SECL by issuing the order affecting change in service

conditions not consulted the workman or Union under IR

system. No notice of change under section 9-A of ID Act

was issued as the Leave with wages and holidays comes

under service condition as laid down in Schedule IV of ID

Act, 1947. It is alleged that the management adopted pick

and choose method. SECL Hqr. review their decision in

similar case like Security Personnel and re-extended 18

holidays facility to a group of employees like Telephone

Operators whose duty hours is also 8 hours like Security

Personnel. On such ground, the Union prays that facility

of 18 holidays be restored and triple wages of 10 days

holidays be paid with 18 % interest.

4.

2nd party management filed Written Statement at

Page 13/1 to 13/12 opposing claim of Union. 2nd party

submits that coal mines were owned by Private owners.

All the Coal Mines were nationalized as per the Coal Mines

Act 1972 to ensure the rational co-ordinated and scientific

development and utilization of the coal resources. In order

that the ownership and control of such resources are vested

in the State and thereby so distributed as best to subserve

the common good. The Union of India took under its control

the regulation and development of coal mines for the

purpose of general superintendence, direction, control and

management of the affairs and business of a coalmine. For

proper administration and operation of the mines, different

companies and subsidiary companies were established.

The service condition of such employees were different.

The Government had constituted Central Wage Board for

Coal Industry. Both the workman and the management

appeared before the Wage Board and after examining cases

of both parties, the Wage Board submitted its

recommendations fixing service conditions of employees

and wages. The recommendations of wage board were

accepted by Central Government. The wage scale were

fixed taking into consideration of 8 hours working days.

Wages were not fixed for 6 ½ hours working per day. That

NCDC is public sector company and Government colliery

followed Central Govt. Pay Scale and working pattern which

resulted in following Central Govt. pattern of working hours

and holidays.

5.

It is further contented that due to some

misunderstanding, ignorance or oversight in some collieries

of NCDC, a wrong working hours of clerical staff were

adopted as 6 ½ hours and holidays were given on

Government pattern. It was stopped after nationalization

of mines. That thousands of workers who were working 8

hours a day and having 8 holidays protested against the

illegal benefit given for few selected workers. It was

necessary to have common working hours, service

conditions, pay scales, working in the same industry. Any

discrimination is impermissible under industrial

jurisprudence and service law. That uniform policy was

also allowed under the Factories Act, Mines Act, Shop and

Establishment Act etc. The management was trying to

correct the imbalance advantage enjoyed by few persons.

The employees in dispute are covered by provisions of

Mines Act.

6.

The service conditions of employees working in coal

industry are covered by NCWA executed time to time. For

implementation of provisions of NCWA, there is committee

known as JBCCI. Said Committee used to have equal

strength of members from various recognized Central Trade

Unions as well as management. Joint Consultation

Committee meeting held at corporate level on 3-6-88 , 2-9-88.

Representatives of 3 Central Unions were present. The

representative of those Unions considering the stand of

management found that the provisions of Mines Act

doesnot require notice of change under Section 9-A of ID

Act. If demand of Union is admitted, lacks of workers will

come up with similar demand. It may be difficult to resist

such claim. It created total unrest in the industry. In SECL,

there were 95 mines comprising 12 Areas and sub areas in

each mine. Security Personnel were deployed to ensure

safety and security of the company property. Security

Personnel are liable for transfer to the collieries and other

establishments. In every colliery, only 8 paid holidays are

allowed . The Security Personnel in the Corporate office

who were by mistake allowed 18 paid holidays . In order to

avoid such situation, management taken appropriate action.

7.

2nd party also refers to clauses under NCWA-I of

1974, NCWA-II of 1979, NCWA-III of 1983, NCWA-IV of

1989, NCWA-V of 1991. The existing holidays were

continued at present. 2nd party has referred to ratio held

in various cases and reiterates that it was not necessary to

change notice under Section 9A. The Security Personnel

are enjoying 8 paid holidays from 1984. Section 9-A of ID

Act is also attracted. It is also submitted that the services

of staff are covered by Clause 11 of the standing orders.

The NCDC practice has become defunct after

nationalization of the coal mines. The wage Board has

recommended 8 paid holidays was accepted by

government. The facility of Gazetted Holidays cannot be

claimed as a matter of right by employees.

8.

Considering pleadings on record, the points which

arise for my consideration and determination are as under.

1090

THE GAZETTE OF INDIA : MARCH 19, 2016/PHALGUNA 29, 1937

[PART II—SEC. 3(ii)]

My findings are recorded against each of them for the

reasons as below:-

(i) Whether the action of the manage-

In Affirmative

ment of SECL in reducing the annual

leave of Security Guards from 18 days

in a year to 8 days in a year from 1994

is justified?

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

Workmen are

entitled to?”

not entitled to

any relief.

REASONS

9.

Point No.1- The terms of reference pertains to

reduction of annual leave from 18 to 8 from 1994 by

management of SECL. The Union has filed affidavit of Shri

M.P.Jangde supporting claim of workman that the dispute

pertains to 18 paid holidays/ National holidays, festival to

Security Guards reduced to 8 paid holidays in 1994. In the

year 1984, details of 18 paid holidays are given, the details

of office orders of 20-12-89, 1-1-91, 24-12-91, 15-12-92,

31-12-93 are submitted alongwith affidavit. The order dated

20-4-94 issued by the management reducing paid holidays

to 8 is produced. In his cross-examination, the witness of

Union Shri Jangde says that the dispute pertains to 68

persons working in security department. All those persons

were members of Union. At the time of his evidence, 15

employees were members of Union. The employees

connected with Union are working with Security Guard,

some of them as security sub inspectors. The witness was

unable to tell in 1994 on which post the employees

connected with dispute were working. Witness was unable

to tell the employees in telephone departmental monthly

rated employees, paid leave were reduced to 8. The working

hours of Security employees are 8 hours. Names of 68

workers are not shown in the order of reference. He claims

ignorance whether after nationalization, the coal mines

were managed and controlled by NCDC. Whether the

service conditions of employees working in NCDC were

different. The witness has admitted constitution of National

Wage Board for Coal Wage Industry. The Wage Board

recommended working 8 hours per day, 48 hours in a week.

The witness was unable to tell about the working days of

employees in subsidiary companies. The list of holidays

issued by management 18 holidays to the employees

working on monthly basis.

10.

Management filed affidavit of evidence of Shri

Narendra Prasad Singh he not appeared for his cross-

examination. Management filed affidavit of evidence of

witness Shri Hemant Jha supporting contentions of

management in Written Statement. In his cross-examination,

management’s witness claims ignorance whether

employees connected with dispute were getting 18 paid

holidays till 1993. As per order Exhibit M-7 the employees

were allowed 8 days paid holidays. Order Exhibit M-7 was

issued by Personnel Manager Shri B.K.Jahan- the list of

national holidays issued by administration. The witness

was unable to tell whether National Holidays are reduced

from 18 to 8.

11.

The affidavit of Shri Sanjay Kumar Jha is filed but

the witness had not appeared for his cross-examination.

12.

Documentary evidence produced on record Exhibit

W-1(a) order dated 20-12-89 of 16 paid holidays in SECL,

Exhibit W-1(b) order dated 1-1-91 of 16 paid holidays,

Exhibit W-1(c) order dated 24-12-91 of 18 paid holidays,

Exhibit W-1(d) order dated 15-12-92 of 17 paid holidays,

Exhibit W-1(e) order dated 31-12-93 of 19 paid holidays,

Exhibit W-1(f) order dated 31-12-94 of 18 paid holidays,

Exhibit W-1(g) order dated 31-12-95 of 18 paid holidays in

SECL. Exhibit W-2 is office order dated 27-4-94 issued by

SECL office to Chairman cum Managing Director. Exhibit

W-3 is copy of Section-9(A) of ID Act, Exhibit W-4 is office

order dated 18-8-95. 8 employees were allowed to avail 16

paid holidays and 2 days Restricted Holidays. Management

has produced documents Exhibit M-1 to M-2 appointment

orders Clause iii of those appointment orders shows that

service conditions of employees are covered by Model

Standing Orders. Exhibit M-3 is office order dated 1-1-1990

issued by general Manager of SECL allowing 8 paid

holidays to the employees. Exhibit M-4,5,6 are orders

regarding 8 paid holidays. Exhibit M-7 is order dated 27-4-94

directing that employees attending 8 hours duty will not

be entitled for 18 days holidays.

13.

Union Secretary did not attend case after the case

was fixed for argument repeatedly. Shri A.K.Shashi for

management submits that the service conditions of the

employees in SECL are covered by NCWA, standing orders,

provisions of Mines Act, Shop and Establishment Act

providing 8 hours working a day, 48 hours working a week.

Management has brought uniformity. The service

conditions of employees are not changed as the working

hours are provided under Mines Act, Standing Orders etc.

Union Secretary remained absent and his argument on

above point are not advanced.

14.

Considering documents Exhibit M-1, M-2, service

conditions of employees are covered by Model Standing

Orders. The evidence adduced by Union doesnot show

any rational to hold that the reduction of paid holidays

from 18 to 8 is unjustified.

15.

Shri A.K.Shashi relied on ratio held in

Case between M/S Saxby and Farmer (India) versus

workmen reported in AIR-1975-SC-534. Their

Lordship dealing with the dispute pertain to holidays,

public utility service held it is generally accepted

that there are too many public holidays in our country.

When the need for industrial production is urgent

and paramount, it may be advisable to reduce the

number of such holidays in industrial concerns. It

cannot be disputed that a necessary step in the

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1091

direction of increasing the country’s productivity is

the reduction of number of holidays.

Considering evidence discussed above and ratio held

in above cited case, I record my finding in Point No.1 in

Affirmative.

16.

In the result, award is passed as under:-

(1)

The action of the management of SECL in reducing

the annual leave of Security Guards from 18 days in

a year to 8 days in a year from 1994 is proper and

legal.

(2)

Workmen are not entitled to any relief.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 10 ekpZ] 2016

dk-vk- 520-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if'pe jsyos

ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkj ds chp]

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

vfèkdj.k@Je U;k;ky;] vgenkckn ds iapkV (lanHkZ la-

1423@2004) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks

10@03@2016 dks çkIr gqvk FkkA

¹la- ,y&41011@2@2004&vkbZvkj (ch&I)º

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

New Delhi, the 10th March, 2016

S.O. 520.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 1423/

2004) of the Central Government Industrial Tribunal-cum-

Labour Court, Ahmedabad now as shown in the Annexure

in the Industrial Dispute between the management of

Western Railway and their workmen, received by the

Central Government on 10/03/2016.

[No. L-41011/2/2004-IR (B-I)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 11th January, 2016

Reference: (CGITA) No-1423/2004

1.

The Divisional Railway Manager,

Western Railway,

Pratapnagar,

Baroda-390004

...First Party

Vs.

Their Workmen

Through the Divisional Secretary,

Paschim Railway Karmachari Parishad,

Shastri Pole, Kothi,

Baroda

...Second Party

For the First Party

:

Sh.H.B. Shah, Advocate

For the Second Party

:

-

AWARD

The Government of India/Ministry of Labour ,New

Delhi by reference adjudication Order No. L- 41011/2/2004-

IR(B-I) dated 21.06.2004 referred the dispute for adjudication

to the Industrial Tribunal, Baroda(Gujarat) in respect of the

matter specified in the Schedule:

SCHEDULE

“Whether the demand of the union for assigning the

seniority of Shri. H.J. Gupta and Shri SagheluAnoop

from the date of their engagement in services as

Gangman in Engineering Department and to give the

dues to concerned workmen are entitled to from which

date?”

2.

This reference dates back to 21.06.2004. First party

filed the vakilpatra (Ext.3) of his advocate on 17.04.2006

despite service and giving numbers of opportunities to

second party, did not prefer to submit the statement of

claim.Thus, it appears that second party is not interested

in the proceedings of the reference. Therefore, Tribunal

has no option but to dismiss the reference in default of the

second party.

The reference is dismissed in default of the second

party.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 10 ekpZ] 2016

dk-vk- 521-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if'pe jsyos

ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkj ds chp]

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

vfèkdj.k@Je U;k;ky;] vgenkckn ds iapkV (lanHkZ la- 794@2004)

(05@2003) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 10@03@2016

dks çkIr gqvk FkkA

¹la- ,y&41011@39@2002&vkbZvkj (ch&I)º

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

New Delhi, the 10th March, 2016

S.O. 521.—In pursuance of Section 17 of the

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

1092

THE GAZETTE OF INDIA : MARCH 19, 2016/PHALGUNA 29, 1937

[PART II—SEC. 3(ii)]

Government hereby publishes the Award (Ref. No. 794/

2004) (ITC No. 05/2003) of the Central Government

Industrial Tribunal-cum-Labour Court, Ahmedabad now

as shown in the Annexure in the Industrial Dispute between

the management of Western Railway and their workmen,

received by the Central Government on 10/03/2016.

[No. L-41011/39/2002-IR (B-I)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 11th January, 2016

Reference : (CGITA) No. 794/2004

Reference : (ITC) No. 05/2003

1.

The Sr. Divisional Electrical Engineer (TRO),

Western Railway,

Pratapnagar,

Baroda-390004

2.

The Divisional Railway Manager,

Western Railway,

Pratapnagar,

Baroda-390004

...First Party

Vs.

Their Workmen

Through the Divisional Secretary,

Paschim Railway Karmachari Parishad,

Shastri Pole,

Kothi,

Baroda-390001 (Gujarat)

...Second Party

For the First Party

:

Sh K.J. Parikh, Advocate

For the Second Party

:

-

AWARD

The Government of India/Ministry of Labour ,New

Delhi by reference adjudication Order No. L- 41011/39/2002-

IR(B-I) dated 23.01.2003 referred the dispute for adjudication

to the Industrial Tribunal, Baroda(Gujarat) in respect of the

matter specified in the Schedule:

SCHEDULE

“Whether the action of the Western Railway in not

making proper fixation of pay and not given arrears

to the eligible employees Shri Sudhir V. Pradhan Fitter

Gr.II Shri Yakub Mohammed, Fitter Gr. III ; Shri Suresh

S. Makwan, Fitter Gr. III as well as no payment to

Shri Anil Patel, Ex-Khallasi for 67 hrs. is proper, legal

and justified? If not, what relief the concenred

workmen are entitled and from which date?”

2.

This reference dates back to 23.01.2003. Despite first

party submitted vakilpatra by Kunjbela J. Parekh but second

party despite service did not prefer to submit the statement

of claim.

Thus, it appears that second party is not interested

in the proceedings of the reference. Therefore, Tribunal

has no option but to dismiss the reference in default of the

second party.

The reference is dismissed in default of the second

party.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 10 ekpZ] 2016

dk-vk- 522-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if'pe jsyos

ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkj ds chp]

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

vfèkdj.k@Je U;k;ky;] vgenkckn ds iapkV (lanHkZ la-

1421@2004) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks

10@03@2016 dks çkIr gqvk FkkA

¹la- ,y&41011@1@2004&vkbZvkj (ch&I)º

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

New Delhi, the 10th March, 2016

S.O. 522.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 1421/

2004) of the Central Government Industrial Tribunal-cum-

Labour Court, Ahmedabad as shown in the Annexure in

the Industrial Dispute between the management of

Western Railway and their workmen, received by the

Central Government on 10/03/2016.

[No. L-41011/1/2004-IR (B-I)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 11th January, 2016

Reference : (CGITA) No. 1421/2004

1. The Divisional Railway Manager,

Western Railway,

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1093

Kothi Compound,

Rajkot

...First Party

Vs.

Their Workman

Sh. Kishor Ojha,

Through the Divisional Secretary,

Paschim Railway Karmachari Parishad,

Near Vishwakarma Temple,

Jawahar Chowk, Sabarmati,

Ahmedabad (Gujarat)

...Second Party

For the First Party

:

-

For the Second Party

:

-

AWARD

The Government of India/Ministry of Labour ,New

Delhi by reference adjudication Order No. L- 41011/1/2004-

IR(B-I) dated 21.06.2004 referred the dispute for adjudication

to the Industrial Tribunal, Rajkot(Gujarat) in respect of the

matter specified in the Schedule:

SCHEDULE

“Whether the action of the management of Divisional

Rail Manager, Western Railway, Rajkot in awarding

punishment of removal of service and on mercy

appeal reinstating Shri Kishore Ojha, Ex. F/man, LF,

Sabarmati, Ahmedabad a class-III employee, to the

post of class IV category is justified and legal? If no,

what relief the workman is entitled?”

2.

This reference dates back to 21.06.2004. Second party

submitted the statement of claim Ext.3 on 27.03.2006 first

party also submitted written statement Ext. 6 on 30.01.2009.

Despite giving dozens of opportunities to second party to

lead their evidence, they did not prefer to lead their

evidence. Thus, it appears that second party is not

interested in the proceedings of the reference. Therefore,

Tribunal has no option but to dismiss the reference in

default of the second party.

The reference is dismissed in default of the second

party.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 10 ekpZ] 2016

dk-vk- 523-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

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

cSad ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkj ds chp]

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

vfèkdj.k@Je U;k;ky;] vgenkckn ds iapkV (lanHkZ la- 5@2006)dks

çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 10@03@2016 dks çkIr

gqvk FkkA

¹la- ,y&12012@248@2000&vkbZvkj (ch&I)º

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

New Delhi, the 10th March, 2016

S.O. 523.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 5/2006)

of the Central Government Industrial Tribunal-cum-

Labour Court, Ahmedabad now as shown in the Annexure

in the Industrial Dispute between the management of State

Bank of India and their workmen, received by the Central

Government on 10/03/2016.

[No. L-12012/248/2000-IR (B-I)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 12th January, 2016

Reference : (CGITA) No. 5/2006

1. The Zonal Manager,

State Bank of India,

Zonal office,

Opp. New SAchivalaya,

Sector No.10,

Gandhinagar (Gujarat)

2. The General Manager,

State Bank of India,

Main Branch,

Lal Darwaja,

Ahmedabad

3. The Branch Manager,

State Bank of India,

Palanpur Branch,

Opp. Jua Gunj Bazar,

Palanpur (Banaskantha)

...First Party

Vs.

Their Workman

Sh. Parshottambhai Mohanbhai Makwana

Through the General Secretary,

Shramjivi Kamdar Sangh,

Dhal Vas,

Mesari Vas,

Palanpur (Banaskantha)

...Second Party

For the First Party

:

Sh. B. M. Joshi, Advocate

For the Second Party

:

-

1094

THE GAZETTE OF INDIA : MARCH 19, 2016/PHALGUNA 29, 1937

[PART II—SEC. 3(ii)]

AWARD

The Government of India/Ministry of Labour ,New

Delhi by reference adjudication Order No. L- 12012/248/

2000-IR(B-I) dated 05.01.2006 referred the dispute for

adjudication to the Industrial Tribunal, Ahmedabad(Gujarat)

in respect of the matter specified in the Schedule:

SCHEDULE

“Whether the action of the management of state

Bank of India, Palanpur Branch in orally termination

the services of Shri Parshotambhai Mohanbhai

Makwana w.e.f. 1.6.99 is justified or not? If not, what

relief the applicant is entitled to and from which date?”

2.

This reference dates back to 05.01.2006.All the parties

were served by registered post. Acknowledgement were

received. First party State Bank of India also filed the

Vakilatnama (Ext.9) but second party did not turned up to

file the statement of claim. Thus, it appears that second

party is not interested in the proceedings of the reference.

Therefore, Tribunal has no option but to dismiss the

reference in default of the second party.

The reference is dismissed in default of the second

party.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 10 ekpZ] 2016

dk-vk- 524-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dkiksZjs'ku cSad

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

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

vfèkdj.k@Je U;k;ky;] vgenkckn ds iapkV (lanHkZ la-

1010@2004) (22@1996) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj

dks 10@03@2016 dks çkIr gqvk FkkA

¹la- ,y&12012@223@15&vkbZvkj (ch&I)º

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

New Delhi, the 10th March, 2016

S.O. 524.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 1010/

2004) (ITC No. 22/1996) of the Central Government

Industrial Tribunal-cum-Labour Court, Ahmedabad now

as shown in the Annexure in the Industrial Dispute between

the management of Corporation Bank and their workmen,

received by the Central Government on 10/03/2016.

[No. L-12012/223/15-IR (B-I)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 7th January, 2016

Reference : (CGITA) No. 1010/2004

Reference : (ITC) No. 22/1996

1. The Manager,

Corporation Bank,

Dhebarbhai Road Branch,

Dhebarbhai Road,

Rajkot- 360002

...First Party

Vs.

Their Workman

Shrr. Jaydevsinh G. Jadeja,

Shri Momi Ashish,

Anand Nagar,

Qtr. No. E-62,

Rajkot-360002

...Second Party

For the First Party

:

Shri M.K. Patel, Advocate

For the Second Party

:

-

AWARD

The Government of India/Ministry of Labour ,New

Delhi by reference adjudication Order No. L- 12012/223/15-

IR(B-I) dated 17.04.1996 referred the dispute for adjudication

to the Industrial Tribunal, Rajkot (Gujarat) in respect of the

matter specified in the Schedule:

SCHEDULE

“Whether the action of the Corporation Bank, Rajkot

in termination the services of Shri Jaydev Singh G.

Jadeja, Peon at the Dhebarbhai Road Branch, Rajkot

w.e.f. 20.10.1992 just,valid & legal? If not, to what

benefits the workman is entitled for and what

directions are necessary in the matter?”

2.

This reference dates back to 17.04.1996. R.C.

Associates, a legal firm filed the vakilpatra on behalf of the

first party. Second party was also served and submitted

statement of claim (ext.4) ON 01.07.1997 later on a legal firm

Upadhyay &Upadhyafiled vakilpatra on behalf of the first

party and also submitted written statement (Ext. 14).

3.

A number of opportunities were given to lead his

evidence but he did not come forward to lead his evidence.

Thus, it appears that second party is not interested in the

proceedings of the reference. Therefore, Tribunal has no

option but to dismiss the reference in default of the second

party.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1095

The reference is dismissed in default of the second

party.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 10 ekpZ] 2016

dk-vk- 525-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if'pe jsyos

ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkj ds chp]

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

vfèkdj.k@Je U;k;ky;] vgenkckn ds iapkV (lanHkZ la- 70@2004)

(19@1998) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 10@03@2016

dks çkIr gqvk FkkA

¹la- ,y&41012@131@97&vkbZvkj (ch&I)º

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

New Delhi, the 10th March, 2016

S.O. 525.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 70/2004)

(ITC No. 19/1998) of the Central Government Industrial

Tribunal-cum-Labour Court, Ahmedabad now as shown

in the Annexure in the Industrial Dispute between the

management of Western Railway and their workmen,

received by the Central Government on 10/03/2016.

[No. L-41012/131/97-IR (B-I)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 8th January, 2016

Reference : (CGITA) No. 70/2004

Reference : (ITC) No. 19/1998

1. The General Manager,

Western Railway,

Churchgate, Mumbai-400001

2. The Chief Workshop Manager,

Western Railwat, Loco workshop,

Dahod-389160

...First Party

Vs.

Their Workman

Through the Secretary,

Paschim Railway Karmachari Parishad,

C/o. Shri K.C. Sharma,

Quarter No. 101/L.,

‘C’ Site, Freelanganj,

Dahod-389160

...Second Party

For the First Party

:

Sh. H.B. Shah, Advocate

For the Second Party :

Sh. B.K. Sharma, Advocate

AWARD

The Government of India/Ministry of Labour ,New

Delhi by reference adjudication Order No. L- 41012/131/97-

IR(B-I) dated 17.03.1998 referred the dispute for adjudication

to the Industrial Tribunal, Ahmedabad (Gujarat) in respect

of the matter specified in the Schedule:

SCHEDULE

“Whether the action of chief workshop Manager,

Western Railway, Loco workshop, Dahod in denying

promotion to Shri N.B. Makwana to the post of Shop

Suptd. And promoting his juniors to the above post

in the preceding years is legal and justified? If not, to

what relief the concerned employee is entitled to?”

2.

This reference dates back to 17.03.1998. Second party

submitted the statement of claim on 30.04.1998 in response

to that first party submitted written statement (Ext.5) on

05.08.1998. Today, Harish B. Shah filed the vakalatnama on

behalf of the first party.

3.

The case is very old one but second party has been

absent since last several dated to lead evidence.Thus, it

appears that second party is not interested in the

proceedings of the reference. Therefore, Tribunal has no

option but to dismiss the reference in default of the second

party.

The reference is dismissed in default of the second

party.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 10 ekpZ] 2016

dk-vk- 526-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if'pe jsyos

ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkj ds chp]

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

vfèkdj.k@Je U;k;ky;] vgenkckn ds iapkV (lanHkZ la-

1032@2004) (50@1996) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj

dks 10@03@2016 dks çkIr gqvk FkkA

¹la- ,y&41012@69@94&vkbZvkj (ch&I)º

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

New Delhi, the 10th March, 2016

S.O. 526.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 1032/

2004) (ITC No. 50/1996) of the Central Government

1096

THE GAZETTE OF INDIA : MARCH 19, 2016/PHALGUNA 29, 1937

[PART II—SEC. 3(ii)]

Industrial Tribunal-cum-Labour Court, Ahmedabad now

as shown in the Annexure in the Industrial Dispute between

the management of Western Railway and their workmen,

received by the Central Government on 10/03/2016.

[No. L-41012/69/94-IR (B-I)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 14th December, 2015

Reference : (CGITA) No. 1032/2004

Reference : (ITC) No. 50/1996

The Chief Engineer (c),

Western Railway,

Station Building,

Kalupur, Ahmedabad

...First Party

Vs.

Their Workman,

Shri Uman Ahmed

Through the President,

Saurastra Employees Union ‘Baba Era’,

10/5, Jagnath Plot, Swami Tahiliaram Marg,

Rajkot: 360001

...Second Party

For the First Party

:

Sh. H.B. Shah, Advocate

For the Second Party :

-

AWARD

The Government of India/Ministry of Labour ,New

Delhi by reference adjudication Order No. L-41012/69/94-

IR(B-I) dated 21.11.1996 referred the dispute for adjudication

to the Industrial Tribunal, Rajkot (Gujarat) in respect of the

matter specified in the Schedule:

SCHEDULE

“(1) Whether the action of the management of

Western Railway, Ahmedabad were justified

according to law in terminating the services of Shri

Uman Ahmed? If so was adequate opportunity

afforded to the workmen to show their willingness

for getting back into que for employment?

(2) Was the delay in raising the dispute justified?

(3) In view of the findings on (1) and (2) above, what

is the relief that Shri Uman Ahmed is entitled to?”

2.

The reference dates back to 21.11.1996. Second party

filed statement of claim (Ext.3) on 31.03.1998 and first party

also filed written statement (Ext. 7) on 31.07.2000 but despite

giving dozens of opportunities to the second party, second

party did not prefer to lead evidence. Thus it appears that

Tribunal has no option but to dismiss the reference in

default of the second party.

The reference is dismissed in default of the second

party.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 10 ekpZ] 2016

dk-vk- 527-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ,pMh,iQlh

fy- ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkj ds chp]

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

vfèkdj.k@Je U;k;ky;] vgenkckn ds iapkV (lanHkZ la- 27@2010)

(24@2009) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 10@03@2016

dks çkIr gqvk FkkA

¹la- ,y&12012@192@2008&vkbZvkj (ch&I)º

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

New Delhi, the 10th March, 2016

S.O. 527.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 27/2010)

(ITC No. 24/2009) of the Central Government Industrial

Tribunal-cum-Labour Court, Ahmedabad now as shown

in the Annexure in the Industrial Dispute between the

management of HDFC Ltd. and their workmen, received

by the Central Government on 10/03/2016.

[No. L-12012/192/2008-IR (B-I)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 14th December, 2015

Reference : (CGITA) No. 27/2010

Reference : (ITC) No. 24/2009

1.

The Branch Manager,

HDFC Ltd., Radha Swami Complex,

Highway Road, Kadi

Dist: Mehsana (Gujarat)

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1097

2.

The Manager,

HDFC Bank Ltd.,

Shilp-2, Gr. Floor,

Near Sales India, Ashram Road,

Ahmedabad (Gujarat)

3.

The Manager (HRD),

HDFC Bank Ltd., HDFC Bank House,

2nd Lf. Senapati Bapat March,

Lower Parel,

Mumbai

...First Party

Vs.

Their Workman,

Shri Nitin Kumar Jivrajbhai Patel,

36-C Alaknanda Soc. Nani Kadi,

At Kadi,

Dist: Mehsana (Gujarat)

...Second Party

For the First Party

:

-

For the Second Party

:

-

AWARD

The Government of India/Ministry of Labour ,New

Delhi by reference adjudication Order No. L-12012/192/2008-

IR(B-I) dated 11.06.2009 referred the dispute for adjudication

to the Industrial Tribunal, Ahmedabad (Gujarat) in respect

of the matter specified in the Schedule:

SCHEDULE

“Whether the action of the management of HDFC

Bank, Ahmedabad in terminating the services of Shri

Nitin Kumar Jivarajbhai Patel without following the

procedure and in contravention of Section 25F,25G

and 25H of the ID Act, 1947, is valid reasonable and

justified? To what relief, the workman is entitled and

from which date?”

2.

This reference dates back to 11.06.2009. Both the

parties were served by way of registered post on 15.02.2010.

Neither of the parties have been appearing in the reference.

Second party has also not filed his statement of claim thus

it appears that both the parties are not willing to proceed

with the reference. Thus, the Tribunal has no option but to

dismiss the reference in default of the parties.

The reference is dismissed in default of the parties.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 10 ekpZ] 2016

dk-vk- 528-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

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

lkSjk"Vª ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkj ds chp]

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

vfèkdj.k@Je U;k;ky;] vgenkckn ds iapkV (lanHkZ la- 136@2004)

(vkbZVhlh ua- 1@1999) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj

dks 10@03@2016 dks çkIr gqvk FkkA

¹la- ,y&12012@110@98&vkbZvkj (ch&I)º

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

New Delhi, the 10th March, 2016

S.O. 528.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 136/2004)

(ITC No. 1/1999) of the Central Government Industrial

Tribunal-cum-Labour Court, Ahmedabad as shown in the

Annexure in the Industrial Dispute between the

management of State Bank of Saurastra and their workmen,

received by the Central Government on 10/03/2016.

[No. L-12012/110/98-IR (B-I)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 14th December, 2015

Reference : (CGITA) No. 136/2004

Reference : (ITC) No. 1/1999

State Bank of Saurastra,

Branch Managerm S.B. O.S.,

Shahibaug Branch,

Sahjanand Complex,

Ahmedabad-380001

...First Party

Vs.

Their Workman,

Smt. Manjulaben Natvarlal Panchal,

C/o. Akhil Hujarat General Mazdoor Sangh,

Rangila Gate,

Shahpur,

Ahmedabad-380001

...Second Party

For the First Party

:

Kum. Meenaben Shah,

Advocate

For the Second Party

:

-

AWARD

The Government of India/Ministry of Labour, New

Delhi by reference adjudication Order No. L-12012/110/98/

IR(B-I) dated 31.12.1998 referred the dispute for adjudication

to the Industrial Tribunal, Ahmedabad (Gujarat) in respect

of the matter specified in the Schedule:

1098

THE GAZETTE OF INDIA : MARCH 19, 2016/PHALGUNA 29, 1937

[PART II—SEC. 3(ii)]

SCHEDULE

“Whether the action of the management of Saurastra

in terminating the services of Smt. Manjulaben

Natvarlal Panchal w.e.f. 31.07.1997 is justified? If

not, what relief the workman concerned is entitled

to?”

2.

This reference dates back to 31.12.1998. Second party

filed statement of claim (Ext.6) on 26.07.1999 and first party

filed written statement (Ext.9). Despite giving dozens of

opportunities to the second party for leading evidence,

second party did not prefer to lead evidence. It is one of

the oldest case in the Tribunal by perusal of the record. It

appears that second party is not willing to lead evidence.

Thus Tribunal has no option but to dismiss the case in

default of the second party.

The reference is dismissed in default of the second

party.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 10 ekpZ] 2016

dk-vk- 529-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

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

lkSjk"Vª ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkj ds chp]

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

vfèkdj.k@Je U;k;ky;] vgenkckn ds iapkV (lanHkZ la- 168@2006)

(vkbZVhlh ua- 38@2003) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj

dks 10@03@2016 dks çkIr gqvk FkkA

¹la- ,y&12012@132@2005&vkbZvkj (ch&I)º

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

New Delhi, the 10th March, 2016

S.O. 529.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 168/2006)

(ITC No. 38/2003) of the Central Government Industrial

Tribunal-cum-Labour Court, Ahmedabad as shown in the

Annexure in the Industrial Dispute between the

management of State Bank of Saurastra and their workmen,

received by the Central Government on 10/03/2016.

[No. L-12012/132/2005-IR (B-I)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 11th January, 2016

Reference : (CGITA) No. 168/2006

Reference : (ITC) No. 38/2003

1.

The Chairman ,

State Bank of Saurastra,

Head Office,

P.O. Box No. 51,

Bhavnagar-394001

2.

The Branch Manager,

State Bank of Saurastra,

Head Office,

P.O. Box No. 51,

Bhavnagar

...First Party

Vs.

Their Workman

Sh. Rajesh Kumar Tida Janjvadia,

At Village-Railway Station,

Punapara Maliya Hatina,

Dist. Junagadh, Gujarat

...Second Party

For the First Party

:

-

For the Second Party

:

-

AWARD

The Government of India/Ministry of Labour ,New

Delhi by reference adjudication Order No. L- 12012/132/

2005-IR(B-I) dated 06.09.2006 referred the dispute for

adjudication to the Industrial Tribunal, Ahmedabad (Gujarat)

in respect of the matter specified in the Schedule:

SCHEDULE

“Whether the action of the management of State Bank

of Saurastra in terminating the services of Shri Rajesh

Kumar Tida Janjvadia w.e.f. 23.06.2004 is justified? If

not, what relief he is entitled to?”

This reference dates back to 06.09.2006. Second party

submitted statement of claim (Ext. 4) on 17.04.2007. First

party also filed written statement (Ext.13)on 05.02.2009.

Second party also filed the affidavit of workman Sh. Rajesh

Kumar Tida Janjvadia, but he did not prefer to come forward

to get him cross examination despite giving number of

opportunities. Thus, it appears that second party is not

interested in the proceedings of the reference. Therefore,

Tribunal has no option but to dismiss the reference in

default of the second party.

The reference is dismissed in default of the second

party.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 11 ekpZ] 2016

dk-vk- 530-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ chchlh,y

ds izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp]

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1099

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

vfèkdj.k@Je U;k;ky; ua- 1] /uckn ds iapkV (lanHkZ la[;k

12@2003) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 11@03@2016

dks izkIr gqvk FkkA

[la- ,y&20012@199@2002&vkbZvkj (lh&I)]

,e- ds- ¯lg] vuqHkkx vf/dkjh

New Delhi, the 11th March, 2016

S.O. 530.—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. 12 of 2003) as shown in the Annexure in the Industiral

Dispute between the employers in relation to the

management of M/s. BCCL and their workmen, which was

received by the Central Government on 11/03/2016.

[No. L-20012/199/2002-IR (C-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 2003

Employer in relation to the management of

Katras Area of M/s. BCCL

AND

Their workmen

Present : Sri R.K.Saran, Presiding Officer

Appearances:

For the Employers

:

Shri U.N. Lal, Advocate

For the workman

:

Shri B.B. Pandey, Advocate

State : Jharkhand

Industry : Coal

Dated : 08/02/2016

AWARD

By order No. L-20012/199/2002/IR (C-1)) dated

24/01/2003, the Central Government in the Ministry of

Labour has, in exercise 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 :

SCHEDULE

“Whether the demand of the Koyla Ispat Mazdoor

Panchayat from the management of BCCL, Katras

Area to provide employment to Sri Sanjay Bhuia, the

dependant son of Late Kedar Bhuia is proper and

justified? If so, to what relief is the said dependant of

the deceased workman entitled?”

2.

After receipt of the reference , both parties are

noticed. But appearing for certain dates, Ld Counsel for

the workman submits that workman is not interested to

contest the case. It is felt that the disputes between the

parties have been resolved in the meantime. Hence No

Dispute Award is passed. Communicate.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 11 ekpZ] 2016

dk-vk- 531-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj fVLdks ds izca/ra=k

ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/ esa fufnZ"V

vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/dj.k@Je U;k;ky;

ua- 1] /uckn ds iapkV (lanHkZ la[;k 4@2013) dks izdkf'kr djrh

gS] tks dsUnzh; ljdkj dks 11@03@2016 dks izkIr gqvk FkkA

[la- ,y&20013@2@2016&vkbZvkj (lh&I)]

,e- ds- ¯lg] vuqHkkx vf/dkjh

New Delhi, the 11th March, 2016

S.O. 531.—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. 4 of 2013) as shown in the Annexure in the Industiral

Dispute between the employers in relation to the

management of M/s. TISCO and their workmen, which was

received by the Central Government on 11/03/2016.

[No. L-20013/2/2016-IR (C-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO.1, DHANBAD

In the matter of reference U/S (2A) (1) (2) of

I.D. Amendment Act, 1947

I.D. No. 4 of 2013

Sri Chitranjan Mahanta, Overseer

S/o Sri Ramesh Chandra Mahanta

C & SM West Bokaro

M/s. Tata Steel Ltd.

...Applicant

Vs.

The General Manager

West Bokaro Division

M/s. TISCO, P.O.- Ghatotand

Distt- Ramgarh

...Opp.Party

1100

THE GAZETTE OF INDIA : MARCH 19, 2016/PHALGUNA 29, 1937

[PART II—SEC. 3(ii)]

Present : Sri Ranjan Kumar Saran, Presiding Officer

Appearances:

For the Applicant

:

Shri D. Mukherjee, Advocate

For the Opp.Party

:

Shri D.K. Verma, Advocate

State : Jharkhand

Industry : Steel

Dated : 10/02/2016

AWARD

One I.D. Application of Sri Chitaranjan Mahanta,

Overseer, S/O Sri Ramesh Chandra Mahanta Vs General

Manager West Bokaro Division of M/s. TISCO is received

U/s 2A (1)(2) of I.D. Amendment Act 1947 and registered as

I.D. case No. 4 of 2013 as following dispute for adjudication

in this Tribunal;

SCHEDULE

“Whether the action of the management of West

Bokaro Colliery of M/s. Tata Steel Ltd. in dismissing

Sri Chitranjan Mahanta, Overseer w.e.f 31.10.2012/

02.11.2012 is legal and justified? If not, to What

relief the concerned workmen is entitled to?”

2.

The I.D. case is received on 01.08.2013. After receipt

of I.D, both Parties are noticed, the Opp.Party files their

written statement on 06.12.2013. Thereafter rejoinder and

document filed by the parties. No evidence adduced by

both side. But document of Opp. Party marked as M-1 to

M-11.

3.

The case of the applicant is that he was appointed as

Overseer Technical-B by letter dated 12.03.2009 and he

was working regularly as permanent workman. But all on

sudden the Opp.Party issued a chargesheet dated

20.03.2012. The chargesheet is primafacie illegal and against

the provision of standing order of the company.

4.

It is also submitted by the applicant that one domestic

enquiry was conducted in utter violation of principle of

natural justice. The opp party fails to file any relevant

document to prove the charges. And no legal document or

evidence was adduced by the management to prove the

allegation of fraud or dishonesty of the applicant. And on

the basis of perverse findings of the enquiry officer, the

management/ Opp.party dismissed the applicant by order

dated 31.10.2012/2.11.2012.It is also submitted by the

applicant that the dismissal order of the applicant is

primafacie illegal.

5.

It is further submitted by the applicant that the supply

order of stone to M/s. Santosh Kr. Singh was not issued

by the petitioner, and no document was produced in the

enquiry to prove that the measurement of stone supplied

by M/s. Santosh Kumar Singh was less than the

management’s measurement done by the applicant. The

delivery memo and the measurement book was checked

and verified by the higher authority and payment was made

by the Accounts Department as per the company’s rules.

As such the order of Opp.party is vindictive in nature and

too harsh as well as disproportionate. Hence the I.D was

arose.

6.

The case of the Opp.Party is that the applicant was

working as Overseer at west Bokaro Division of Tata Steel

Ltd. And was posted in Civil and Structural Maintenance

Department.

7.

It is also submitted by the Opp.party that the

applicant has committed serious misconduct, therefore the

management issued charge sheet under clause 27 (2) of

the certified Standing Order. The enquiry Officer conducted

domestic enquiry in resence of the applicant in accordance

with principle of natural justice and submitted his report

holding therein that the charges leveled against under

clause 27 (2) for act of misconduct of fraud and dishonesty

stand established. Thereafter the management issued

second show cause notice and supplied the copy of enquiry

report, after received the second show cause notice, the

applicant submitted his representation. Thereafter the

competent authority carefully going through the record of

enquiry proceeding , findings of enquiry officer, the

evidence on record , which has been established against

him and the competent authority dismissed him from service

w.e f. 3.11.2012. The dismissal of applicant is proportionate,

legal and justified.

8.

The short point to be decided in this I.D. is whether

the workman , who has been dismissed on the ground of

fraud & dishonesty is proper or not.

9.

As alleged after detection of fraud, departmental

enquiry was held . The workman participated, found guilty,

served with consecutive show cause notice and the

management considering the representation of the workman

dismissed him.

10.

In this I.D. the domestic enquiry held fair and proper.

Then the only thing is to be seen, whether punishment

imposed is appropriate or not.

11.

The allegation against the workman/applicant is

fraud. Fraud is a serious misconduct and on the same

ground the workman has been dismissed. Therefore this

Tribunal , is totally reluctant to interfere with the action of

the management. Hence claim dismissed.

This is my award.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 11 ekpZ] 2016

dk-vk- 532-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ bZlh,y ds

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

esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèkdj.k@Je

U;k;ky; ua- 1] /uckn ds iapkV (lanHkZ la[;k 8@2015) dks

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1101

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 11@03@2016 dks izkIr

gqvk FkkA

[la- ,y&20012@102@2010&vkbZvkj (lh,e&I)]

,e- ds- ¯lg] vuqHkkx vf/dkjh

New Delhi, the 11th March, 2016

S.O. 532.—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. 8 of 2015) as shown in the Annexure in the Industiral

Dispute between the employers in relation to the

management of M/s. BCCL and their workmen, which was

received by the Central Government on 11/03/2016.

[No. L-20012/102/2010-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. 08 of 2015

Employer in relation to the management of

Sendra Bansjora Colliery of M/s. BCCL

AND

Their workmen

Present : Sri R.K.Saran, Presiding Officer

Appearances:

For the Employers

:

Shri D.K. Verma, Advocate

For the Workman

:

Shri R.R. Ram, Rep.

State : Jharkhand

Industry : Coal

Dated : 11/02/2016

AWARD

By Order No-L-20012/102/2010 IR-(CM-I), dated

27/03/2015, the Central Govt. in the Ministry of Labour

has, in exercise of powers conferred by clause (d) of Sub –

section (1) and Sub-section (2A) of Section 10 of the

Industrial Disputes Act,1947, referred the following

disputes for adjudication to this Tribunal:

SCHEDULE

“Whether the dismissal of Shri Nirpat Bhuia, Ex-M/

Loader w.e.f. 21.01.2004 from the company by the

management of Sendra Bansjora Colliery of

M/s. BCCL is fair and justified? To what relief the

concerned workman is entitled to?”

2.

The case is received from the Ministry of Labour on

15.04.2015. After receipt of reference the Sponsoring Union

files their written statement on 16.04.2015. The management

files their written statement -cum-rejoinder on 30.10.2015.

No witness adduced by both side but document of

management is marked as M-1 to M-8. This is a case of

dismissal of workman on the ground of long absenteeism.

3.

During preliminary hearing of this case, domestic

enquiry held by the management is accepted by the

Sponsoring Union/workman as Fair & Proper . The point

involved in the reference is that the workman has been

dismissed from his services on the ground of long absence.

4.

During hearing of argument on merit. It is revealed

that the case is dismissal of workman for long absence on

duty. But he has already out of service for 12 years. It is

felt to give another chance to the workman to serve.

5.

Considering the facts and circumstances of this case,

I hold that he be taken into job as a fresh employee as cat-I

scale. But the workman be kept under probation for a

period one year . Therefore the question of giving back

wages does not arise at all.

This is my award.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 11 ekpZ] 2016

dk-vk- 533-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ

lh,eihMhvkbZ,y ds izcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa

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

vkS|ksfxd vfèkdj.k@Je U;k;ky; ua- 1] /uckn ds iapkV (lanHkZ

la[;k 12@1994) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks

11@03@2016 dks izkIr gqvk FkkA

[la- ,y&20012@02@1993&vkbZvkj (lh&I)]

,e- ds- ¯lg] vuqHkkx vf/dkjh

New Delhi, the 11th March, 2016

S.O. 533.—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. 12 of 1994) as shown in the Annexure in the Industiral

Dispute between the employers in relation to the

management of M/s. CMPDIL and their workmen, which

was received by the Central Government on 11/03/2016.

[No. L-20012/02/1993-IR (C-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

1102

THE GAZETTE OF INDIA : MARCH 19, 2016/PHALGUNA 29, 1937

[PART II—SEC. 3(ii)]

Reference No. 12 of 1994

Employer in relation to the management of

M/s. CMPDIL

AND

Their workmen

Present : Sri R.K. Saran, Presiding Officer

Appearances:

For the Employers

:

Shri B.K. Sinha, Manager

For the Workman

:

None

State : Jharkhand

Industry : Coal

Dated : 19/01/2016

AWARD

By Order No. L-20012 /02/1993-IR(C-1) dated 14/02/

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 :

SCHEDULE

“Whether the action of the management of M/s

Central Mine Planning & Design Institute Ltd. Ranchi

is justified in terminating the services of the workman

Shri Gangadhar Pandey w.e.f. 03/11/1988 after

employing him continuously from 08/07/87 to 02/11/

88 without paying him notice pay in lieu of one month

notice and retrenchment compensation in violation

of Sec. 25 F of I.D.Act, 1947 ? If not, to what relief the

workman is entitled and from what date ?”

2.

After receipt of the reference, both parties are noticed.

But appearing for certain dates none appears subsequently

on behalf of the workman, Case remains pending. It is felt

that the disputes between the parties have been resolved

in the meantime. Hence, No Dispute Award is passed.

Communicate.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 11 ekpZ] 2016

dk-vk- 534-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ bZlh,y ds

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

esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèkdj.k@Je

U;k;ky; ua- 1] /uckn ds iapkV (lanHkZ la[;k 23@2008) dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 11@03@2016 dks izkIr

gqvk FkkA

[la- ,y&20012@8@2007&vkbZvkj (lh,e&I)]

,e- ds- ¯lg] vuqHkkx vf/dkjh

New Delhi, the 11th March, 2016

S.O. 534.—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. 23 of 2008) as shown in the Annexure in the Industiral

Dispute between the employers in relation to the

management of M/s. ECL and their workmen, which was

received by the Central Government on 11/03/2016.

[No. L-20012/8/2007-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. 23 of 2008

Employers in relation to the management of

Mandman Colliery of M/s. ECL

AND

Their workmen

Present : Sri Ranjan Kumar Saran, Presiding Officer

Appearances:

For the Employers

:

Shri D.K. Verma, Advocate

For the Workman

:

Shri U.P. Sinha, Advocate

State : Jharkhand

Industry : Coal

Dated : 12/02/2016

AWARD

By Order No.L-20012/8/2007-IR(CM-I), dated

28/05/2008, the Central Government in the Ministry of

Labour has, in exercise of the powers conferred by clause

(d) of sub-section (1) and sub –section (2A) of Section 10

of the Industrial Disputes Act, 1947, referred the following

disputes for adjudication to this Tribunal:

SCHEDULE

“(i) Whether the action of the management of

Mandman Colliery of M/s. ECL in not providing

dependent employment to Shri Dilip Chouhan

against Late Lachhman Chouhan S/Loader under the

provision of NCWA is justified & legal ? (ii) To what

relief is the claimant entitled?”

2.

The case is received from the Ministry of Labour on

02.06.2008. After notice both parties appeared, the workman

files their written statement on 08.07.2008. Thereafter the

management files their written statement-cum- rejoinder

on 12.02.2009. One witness each side adduced on their

behalf respectively. Documents of workman is marked as

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1103

W-1 to W-12 and document of management is marked as

M-1 to M-11. Rejoinder from both side also filed in which

denial of allegations by each other and every point by

both side.

3.

The case of the workman is that the claimant Sri Dilip

Chauhan is the son of Late Lachhman Chauhan and he is

entitled to get the benefit of employment as per NCWA-

III. The concerned workman Late Lachhman Chauhan died

while in service of Mandman Colliery of M/s. ECL on

20.12.1986 and left behind his only son Shri Dilip Chauhan,

who was dependant upon his deceased father. And mother

of Dilip Chauhan is predeceased him. He is entitled to get

employment against his father as para 9.4.1 and 9.4.2 of

NCWA –III .

4.

It is also submitted that the claimant Dilip Chauhan

submitted an application with required paper before the

management of Mandman Colliery in place of his deceased

father on 29.09.1989 within three years of the death. The

management accepted the application and desired some

other documents and the claimant submitted those

documents before the management on 31.07.1990.

Thereafter the management called the claimant to appear

before the screening Committee on 20.11.1990 the claimant

appeared before screening committee and medical

examination board and he was declared medically fit. He

was also submitted succession Certificate, dated 2/5/1992

granted by the competent authority of Asansol.

5.

It is also submitted by the workman that the

management also verified the relationship from the Office

of B.D.O Nirsa and all desired document including

Indemnity Bond, Succession certificate and getting him

medically examined for fitness for employment in mine but

the management did not provide employment to the

claimant. Hence Industrial dispute arose.

6.

The case of the management is that the sponsoring

Union raised the present dispute after the lapse of two

decades and claimed compassionate appointment. The

deceased employee died on 20.12.86 and after his death

none of his dependant applied for employment.

7.

It is also submitted by the management that the

claimant is not the dependant son of the deceased

employee. after lapse of several years, the claimant, Dilip

Chauhan submitted an application for employment on

compassionate ground stating therein that the deceased

employee late lachhman chouhan is my grand father (Nana)

i.e father of my mother. Grand son are not the dependant of

workman.

8.

It is further submitted that as per NCWA dependant

means “ the wife/ husband, unmarried daughter, son and

legally adopted son. If no such direct dependant is available

for employment, younger brother, widowed daughter,

widow daughter –in- law residing with the deceased and

almost wholly dependant on the earning of the deceased

may be considered to be dependant of the deceased. The

employment on compassionate ground is to be given as

per provision of NCWA, but the same cannot be considered

after long gap of 20 years.

9.

It is also submitted by the management that the

applicant submitted an affidavit before the management

that his actual name is Mahendra Chouhan and not Dilip

Chauhan. In the said affidavit he has stated that Smt Punia

Devi is his sister. As well as Smt Punia Devi is also sworn

an affidavit and stated that Mahendra Chouhan alias Dilip

Chauhan is his younger brother. Sri Mahendra Chouhan

adopted the name of Dilip Chouhan and suppressed the

material facts before the management that he is the grand

son of late Lachhaman Chouhan.

10.

It is also further submitted by the management that

the management received the legal notice from Sri Satyadeo

Sinha Advocate at and P.O Lakshisarai, Dist –Munger in

which he has stated that late Lachhman Chouhan deposed

before the magistrate on oath in a case under sec. 420 I.P.C

to the effect that he had never any daughter and the

applicant is not a genuine dependant of the deceased

employee.

11.

The workman claimed as dependant of Lachhaman

Chouhan. He claimed that he is the son of Lachhaman

Chouhan and that he received the gratuity of Lachhman

Chouhan. The management objected, saying that the

aforesaid workman claimed job after about twenty years

and he is no way related to Lachhman Chouhan to get the

job. Dilip Chauhan at one stage says he is also known as

Mahendra Chouhan. It is also learnt that the workman is

maternal grand son of late Lachhman chouhan. Except, the

exparte succession certificate and gratuity documents, the

workman has no photo I.D proof, photo copy of rashan

card that he is the son of Lachhaman Chouhan.

12.

In Para 6 of the written statement of the management

it is stated, that the applicant is the grand son of Lachhman

Chouhan and applied for job stating that. It is simply denied

by the workman in rejoinder. But the workman has not filed

any photo I.D proof that he is the son of Lachhman

Chouhan.

13.

In affidavit of Mahendra Chouhan before the notary

public “it is mentioned that my father died leaving behind

me and my elder sister Smt. Punia Devi as his legal heirs as

dependant”. In affidavit of Smt. punia Devi aged about 45

years in 20.9.1989 his younger brother is aged about 18

years there is 27 years different from both dependent. But

workman denied in affidavit which is filed before the

management with signature of Mahendra Chouhand @

Dilip Chauhan. But in Cross-examination of WW-1 he says

that Punia Devi is not related to him.

1104

THE GAZETTE OF INDIA : MARCH 19, 2016/PHALGUNA 29, 1937

[PART II—SEC. 3(ii)]

14.

In close scrutiny of Photograph and signature of

Dilip Chauhan which is pasted in Form-K and Form –O is

same and signature which is marked as Ext- M-1/1 is tally

with all document of workman as well as affidavit of WW-1,

where the signature of the workman is pasted. It is also

noticed that all documents are there in the name of

Mahendra Chouhan alias Dilip Chauhan as mentioned in

Indemnity Bond.

15.

It is also perused that the deceased workman died

on 1986 when the aforesaid workman is minor and he got

major in 1989. But the name of the aforesaid workman is

mentioned in all forum in 2008 after lapses of 20 years of

course after he being major.

16.

As per Ext W-1 and Ext W-2, management has noticed

Dilip Chauhan to appear before the screening committee

and medical Board in the year 1990 but he was not provided

job by the management. At that point of time he has not

filed any disputes. Therefore it creates doubt why he has

not filed any claim at that point of time. Now he has filed

the claims after 20 years. Now he has about 44 years old.

Filing of Gratuity papers ipso facto will not give claim to

the said workman to get a post as dependant. Therefore

his claim is negative. Moreover the application of claimant

dated 12.09.1989 is filed by Dilip Chauhan S/o Sri Janki

Chouhan marked as Ext. M-1.

17.

Considering the facts and circumstances of this case,

I hold that the action of the management of Mandman

Colliery of M/s. ECL in not providing dependent

employment to Shri Dilip Chauhan against Late Lachhman

Chouhan S/Loader under the provision of NCWA is

justified. Hence he is not entitled to get any relief.

This is my award.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 11 ekpZ] 2016

dk-vk- 535-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ

vkbZvkbZ,llhvks ds izcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa

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

vkS|ksfxd vfèkdj.k@Je U;k;ky; ua- 1] /uckn ds iapkV (lanHkZ

la[;k 24@1994) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks

11@03@2016 dks izkIr gqvk FkkA

[la- ,y&20012@374@1992&vkbZvkj (lh&I)]

,e- ds- ¯lg] vuqHkkx vf/dkjh

New Delhi, the 11th March, 2016

S.O. 535.—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. 24 of 1994) as shown in the Annexure in the Industiral

Dispute between the employers in relation to the

management of M/s. IISCO and their workmen, which was

received by the Central Government on 11/03/2016.

[No. L-20012/374/1992-IR (C-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. 24/1994

Employer in relation to the management of

Moonidih Jitpur Colliery of M/s. IISCO

AND

Their workmen

Present : Sri R. K. Saran, Presiding Officer

Appearances:

For the Employers

:

None

For the Workman

:

None

State : Jharkhand

Industry : Coal

Dated : 09/02/2016

AWARD

By Order No. L-20012 /374/1992-IR(C-1) dated

18/02/1994, 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 :

SCHEDULE

“Whether the action of the management of Moonidih

Jitpur Colliery of M/s. IISCO Ltd. P.O. Jitpur, Dist.

Dhanbad in Dismissing Shri Bijoy Kumar Mitra,

Explosive Carrier, P.No. 898 from the services of the

company is justified ? If not, to what relief the

workman is entitled?”

2.

After receipt of the reference, both parties are noticed.

But appearing for certain dates none appears subsequently.

Case remains pending. It is felt that the disputes between

the parties have been resolved in the meantime. Hence No

Dispute Award is passed. Communicate.

R. K. SARAN, Presiding Officer

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1105

ubZ fnYyh] 11 ekpZ] 2016

dk-vk- 536-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ chlhlh,y

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

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

vfèkdj.k@Je U;k;ky; ua- 1] /uckn ds iapkV (lanHkZ la[;k

26@1994) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 11@03@2016

dks izkIr gqvk FkkA

[la- ,y&20012@380@1992&vkbZvkj (lh&I)]

,e- ds- ¯lg] vuqHkkx vf/dkjh

New Delhi, the 11th March, 2016

S.O. 536.—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. 26 of 1994) as shown in the Annexure in the Industiral

Dispute between the employers in relation to the

management of M/s. BCCL and their workmen, which was

received by the Central Government on 11/03/2016.

[No. L-20012/380/1992-IR (C-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. 26/1994

Employer in relation to the management of

Kustore Area of M/s. BCCL

AND

Their workmen

Present : Sri R. K. Saran, Presiding Officer

Appearances:

For the Employers

:

Sri Nagendra Yadav, Dy.

Manager (P)

For the Workman

:

None

State : Jharkhand

Industry : Coal

Dated : 10/02/2016

AWARD

By Order No. L-20012 /380/1992-IR(C-1) dated

18/21.02.1994, 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 :

SCHEDULE

“Whether the action of the management of Kustore

Area of M/s. BCCL is justified in not running a canteen

by their own employees as provided under clause

8.9.1and 8.9 of NCWA- III and NCWA- IV

respectively and not employing employees S/shri

Sarjoo Prasad Swarankar and eighteen others (as per

annexure) running canteen since 1974 through

contractor who is provided with fuel, electricity, water

and accommodation free of cost by the management?

If not, to what relief the workmen are entitled and

from what date ?”

ANNEXURE

List of Persons

Sl.

Name

Designation

No.

1.

Shri Sarjoo Prasad Swarnakar

Canteen Manager

2.

Devendra Prasad Swarnakar

Sales man

3.

Rupesh Kumar

Clerk

4.

Rajendra Prasad Swarnakar

Cook

5.

Dwarika Pd. Swarnakar

Sales man

6.

Rakesh Kumar

Sales man

7.

Shiv Kumar Prasad Verma

Sales man

8.

Ashok Kumar

Service Boy

9.

Ram Lakhan Lal Swarnakar

Cook

10.

Jogeshwar Mahato No. I

Cook

11.

Jogeshwar Mahato No. II

Cook

12.

Pradeep Swarnakar

Service Boy

13.

Shyam Sundar Prasad

Service Boy

14.

Raj Kishore Prasad

Sales man

15.

Kishore Kumar

Sales man

16.

Dayanand Kumar

Service Boy

17.

Shiv Shankar Prasad Swarnakar Service Boy

18.

Pappu Swarnakar

Service Boy

19.

Balli Singh

Service Boy

2.

After receipt of the reference, both parties are noticed.

But appearing for certain dates none appears subsequently.

Case remains pending. It is felt that the disputes between

the parties have been resolved in the meantime. Hence No

Dispute Award is passed. Communicate.

R. K. SARAN, Presiding Officer

1106

THE GAZETTE OF INDIA : MARCH 19, 2016/PHALGUNA 29, 1937

[PART II—SEC. 3(ii)]

ubZ fnYyh] 11 ekpZ] 2016

dk-vk- 537-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ chlhlh,y

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

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

vfèkdj.k@Je U;k;ky; ua- 1] /uckn ds iapkV (lanHkZ la[;k

35@1995) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 11@03@2016

dks izkIr gqvk FkkA

[la- ,y&20012@354@1993&vkbZvkj (lh&I)]

,e- ds- ¯lg] vuqHkkx vf/dkjh

New Delhi, the 11th March, 2016

S.O. 537.—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. 35 of 1995) as shown in the Annexure in the Industiral

Dispute between the employers in relation to the

management of M/s. BCCL and their workmen, which was

received by the Central Government on 11/03/2016.

[No. L-20012/354/1993-IR (C-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. 35/1995

Employer in relation to the management of

Angarpathra Colliery

AND

Their workmen

Present : Sri R. K. Saran, Presiding Officer

Appearances:

For the Employers

:

Shri D.K. Verma, Advocate

For the Workman

:

None

State : Jharkhand

Industry : Coal

Dated : 18/01/2016

AWARD

By Order No. L-20012 /354/1993-IR(C-1) dated

04/04/1995, the Central Government in the Ministry of

Labour has, in exercise of the powers conferred by clause

(d) of sub –section (1) and sub-section (2A) of section 10

of the Industrial Disputes Act, 1947 referred the following

dispute for adjudication to this Tribunal:

SCHEDULE

“Whether the demand of the Union for

departmentalization/ regularization of Shri Lakhan

Mistry ( Bouri ) as Greaser Mistry by the management

of Katras Area of M/s. BCCL is justified? If so, to

what benefit the workman is entitled and from which

date?”

2.

After receipt of the reference, both parties are noticed.

But appearing for certain dates none appears subsequently

on behalf of the workman. Case remains pending. It is felt

that the disputes between the parties have been resolved

in the meantime. Hence No Dispute Award is passed.

Communicate.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 11 ekpZ] 2016

dk-vk- 538-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj fVLdks ds izca/ra=k

ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/ esa fufnZ"V

vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/dj.k@Je U;k;ky;

ua- 1] /uckn ds iapkV (lanHkZ la[;k 41@2011) dks izdkf'kr djrh

gS] tks dsUnzh; ljdkj dks 11@03@2016 dks izkIr gqvk FkkA

[la- ,y&20012@30@2010&vkbZvkj (lh,e&I)]

,e- ds- ¯lg] vuqHkkx vf/dkjh

New Delhi, the 11th March, 2016

S.O. 538.—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. 41 of 2011) as shown in the Annexure in the Industiral

Dispute between the employers in relation to the

management of M/s. TSCO and their workmen, which was

received by the Central Government on 11/03/2016.

[No. L-20012/30/2010-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. 41/2011

Employers in relation to the management of

6 & 7 Pits Colliery, M/s. Tata Steel Co.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1107

AND

Their workmen

Present : Sri R. K. Saran, Presiding Officer

Appearances:

For the Employers

:

Shri D.K. Verma, Advocate

For the Workman

:

Shri A.D. Choudhary, Advocate

State : Jharkhand

Industry : Coal

Dated : 11/02/2016

AWARD

By Order No. L-20012/30/2010-IR (CM-I) dated

14/03/2011, the Central Government in the Ministry of

Labour has, in exercise of the power 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 of this Tribunal:

SCHEDULE

“ Whether the action of the management of 6&7 pits

colliery of M/s. Tata Steel Co. Jamadoba in not paying

the wages including Sunday,Holidays, Overtime,

Compensatory days of rest including other tangible

as intangible benefits in respect of Sri Lalit Kumar

who was designated as Sr. Overman but allegedly

deputed as Manager (Mining) for the period from

09.03.2004 to 30.04.2008 is justified ? To what relief

the workman is entitled to ?”

2.

The case is received from the Ministry of Labour on

05/09/2011. After receipt of the reference, both parties are

noticed. The Sponsoring Union/ workman files their written

statement on 12.09.2011. After long delay the management

files their written statement on 18.10.2012. One witness

each examined from both side.

3.

The case of the workman is that the concerned

workman joined Malkera Colliery of Sijua Group of Jharia

Division as Mining Apprentice on 21.11.1986 for 3.5 years

and thereafter passed Sirdarship & Overman and joined as

Overman on 10.09.1991 in Malkera Colliery of Tata Steel.

Thereafter he was summoned to work in the capacity of

statutory Asstt. Manager (Mining) in IL-5 in 6&7 pits

Colliery due to shortage of Asstt. Manager because of

exigency enhanced in the mines as it was necessary to

cope up such panic situation in the mines by immediate

monitoring and controlling. He was asked to work as

Statutory Asstt. Manager (Mining). He accepted the offer

of the designated authority keeping in the view of

company’s need as well as bright future.

4.

He joined in 6& 7 pits colliery from 09.03.2004 . He

was assured by GM to be confirmed soon, and he was

working as an Officer in 6&7 pits Colliery but the payroll of

the workman was of Overman in Bhelatand “A” Colliery of

Sijua Group and subsequently the Medical Cards were

issued in 6& 7 pits colliery with reference to an officer and

a bunglow No. B-60 at 12 No Digwadih Colony was

provided temporarily after three months. Even working more

than six month he was not got given confirmation. He

requested several times but higher authorities never

accepted his request.

5.

It is also submitted by the workman that he was

requesting the officials to Tata Steel Ltd. to promote and

regularise him as manager (Mining) but the management

adopted cunning policy and some how managed to take

him in continuous job of A.C.M / Manager ( Mining) for

four consecutive years and after that the workman was

kicked out from the post. The wages of Sunday, Holiday,

Overtime and compensatory Days of rest including other

benefits has been refused/denied by the management which

is gross injustice and deliberate act of authorities and that

is under serious utter exploitation amounting to legal

victimization comes under the unfair labour practice refer

to V schedule section 2 (r) (a) of I.D Act. 1947.

6.

It is also submitted by the workman that management

has violated the Sec 33 of Mines Act 1952 by not paying

overtime wages as the workman was deputed for holding

24 hours responsibility thrusted of Asstt. Manager/

Manager (Mining) IL-5.

7.

It is submitted by the workman that many legal dues

is due to the concerned workman

a. Wages of Sunday worked

= 163 days

b. Wages of Holiday worked

= 20 days

c. Wages of Calculated

compensatory days of rest

= 167 days

d. Wages of Overtime

= 2580 days

8.

It is prayed that denial of the wages of Sr. Overman

who was deputed as Manager (Mining) for the period of

09.03.2004 to 30.04.2008 is justified based on the document

but after denial the reference case arose.

9.

On the other hand the case of the management that

the person concerned resigned from the service of the

company w.e.f 02.05.2008 and since than no employer

employee relationship exists between the management and

the person concerned.

10.

It is also submitted by the management that once an

employee resigned from service and received the entire

legal dues in the form of final settlement, the jural

relationship between the management and the person

concerned ends. Such person are not workman within the

meaning of sec. 2(s) of the I.D Act, therefore there can not

be any Industrial dispute between the person concerned

and the management assuming the concerned person

claiming to be a workman has outstanding amount against

the management.

1108

THE GAZETTE OF INDIA : MARCH 19, 2016/PHALGUNA 29, 1937

[PART II—SEC. 3(ii)]

11.

It is further stated by the management that the

present reference ha to be examined on the sole issue of

payment of Overtime to a person, who has ceased to be

workman of the management company. The reference so

instituted is bad in law is liable to be dismissed. For the

sake of clarity, the management company present the brief

facts relevant to the present issue.

12.

The person concerned was appointed as an Overman

on 10.09.1991 and promoted as Sr. Overman on 21.07.1994

subsequently he was appointed as Training Coordinator

for Sijua Group for a period of three years. Then he obtained

2nd class Manager’s certificate of competency under CMR

1957 and the management paid him Rs. 1,00,000/- as an

incentive in two equal installment.

13.

It is further submitted by the management that the

person concerned was deployed at 6&7 Pits Colliery to

acquire necessary competency. He was subsequently

interviewed by the management to ascertain his suitability

for promotion to the Assistant Manager (Mining), as IL-5

but the person concerned failed to succeed in the interview,

though he was allowed to continue with the work and

responsibility of Sr. Overman, and he did not apply for the

post of Asstt. Manager(Mining) IL-6 advertised in the year

2007 where the Skill and competency of the person may

have been recognized.

14.

It is further stated by the management the he had

requested to V.P(RM) for his placement as Manager

(Mining) in IL-5 vide his application dated 02.02.2008 and

after examining the facts he was intimated that he was not

found suitable for the post of Manager (mining). Thereafter

subsequently he resigned from the company’s service

which was accepted w.e.f. 02.05.2008 and all legal dues

were paid to him in the terms of final settlement. But he

raised issue related to unpaid overtime dues. The said

claims are clearly after thought and do not have any merit.

There is no iota of evidence that the person was asked to

do as overtime work and the claim is without any legal or

substance.

15.

The short point to be decided in the matter is to

whether the workman concerned is entitled to get wages

including sunday, Holiday, Overtime, compensatory days

of rest including other tangible or intangible benefits in

respect of the workman. MW-1 Sri Dinesh Kr. Sharma says

in cross examination that there was no post of IL-6 prior to

2005. Admittedly the workman voluntarily quit the job and

received all his benefits which will be apparent from his

evidence quoted below :-

“on 02.05.2008, I resigned from TATA company and

joined in other company I.e Electro Steel , Bokaro, as

Asstt. Manager. I raised this dispute in 2009 while I

was not an employee of TATA. I was working as an

Overman in TATA , which was a supervisory post.

Supervisory post is given to a person who was

certified by the DGMS. I also received my leave

encashment money, Gratuity, Annual bonus and all

other dues as per calculation of TATA. I was not

deployed to work Overtime. I do not remember

whether I was given order to work on Sunday/ weakly

up.”

16.

This being the situation from the own admission of

the workman that he received his leave encashment,

Gratuity, Annual Bonus and all other dues, and he also

accepts that and he was not deployed to work Overtime ,

he has nothing to get from the management Hence he has

no claim before us and as such the reference is answered

against him.

17.

Considering the facts and circumstances of this case,

I hold that the action of the management of 6&7 pits colliery

of M/s. Tata Steel Co. Jamadoba in not paying the wages

including Sunday, Holidays, Overtime, Compensatory days

of rest including other tangible as intangible benefits in

respect of Sri Lalit Kumar who was designated as Sr.

Overman but allegedly deputed as Manager (Mining) for

the period from 09.03.2004 to 30.04.2008 is justified. Hence

he is not entitled to get any relief.

This is my award.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 11 ekpZ] 2016

dk-vk- 539-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ chlhlh,y

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

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

vfèkdj.k@Je U;k;ky; ua- 1] /uckn ds iapkV (lanHkZ la[;k

68@1994) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 11@03@2016

dks izkIr gqvk FkkA

[la- ,y&20012@204@1993&vkbZvkj (lh&I)]

,e- ds- ¯lg] vuqHkkx vf/dkjh

New Delhi, the 11th March, 2016

S.O. 539.—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. 68 of 1994) as shown in the Annexure in the Industiral

Dispute between the employers in relation to the

management of M/s. BCCL and their workmen, which was

received by the Central Government on 11/03/2016.

[No. L-20012/204/1993-IR (C-I)]

M. K. SINGH, Section Officer

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1109

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. 68/1994

Employer in relation to the management of

Koyla Bhawan of M/s. BCCL

AND

Their workmen

Present : Sri R. K. Saran, Presiding Officer

Appearances:

For the Employers

:

None

For the Workman

:

None

State : Jharkhand

Industry : Coal

Dated : 9/02/2016

AWARD

By order No. L-20012 /204/1993-IR(C-1) dated

24/03/1994, 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 :

SCHEDULE

“Whether the action of the management of

M/s. BCCL At & P.O-Koyla Nagar, Dist-Dhanbad in

dismissing Shri Ram Chandra Nonia from the service

of the co. w.e.f. 04.01.1992 is justified ? If not, to

what relief the workman is entitled.

2.

After receipt of the reference, both parties are noticed.

Though they took steps for certain dated, Subsequently

did not take any interest in the case . It is resumed that the

disputes between the parties have been resolved in the

meantime. Hence No Dispute Award is passed.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 11 ekpZ] 2016

dk-vk- 540-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ chlhlh,y

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

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

vfèkdj.k@Je U;k;ky; ua- 1] /uckn ds iapkV (lanHkZ la[;k

81@2000) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 11@03@2016

dks izkIr gqvk FkkA

[la- ,y&20012@356@1999&vkbZvkj (lh&I)]

,e- ds- ¯lg] vuqHkkx vf/dkjh

New Delhi, the 11th March, 2016

S.O. 540.—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. 81 of 2000) as shown in the Annexure in the Industiral

Dispute between the employers in relation to the

management of M/s. BCCL and their workmen, which was

received by the Central Government on 11/03/2016.

[No. L-20012/356/1999-IR (C-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. 81/2000

Employer in relation to the management of

P.B. Area M/s. BCCL

AND

Their workmen

Present : Sri R. K. Saran, Presiding Officer

Appearances:

For the Employers

:

Shri D.K. Verma, Advocate

For the Workman

:

None

State : Jharkhand

Industry : Coal

Dated : 20/01/2016

AWARD

By order No. L-20012 /356/1999-IR(C-I) dated

28/01/2000, 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:

SCHEDULE

“Whether the demand of the Union before the

management of Pootki Colliery under P.B.Area of

M/s. BCCL to provide employment to Sri Mantu

Kumar, dependant son of Smt. Ram Patia Kamin as

per voluntary retirement scheme for females is

justified? If so, to what relief the workman of her

dependant Sri Mantu Kumar is entitled?”

2.

After publishing of Award. The case is re-opened on

the ground of back wages as per order of Hon’ble High

1110

THE GAZETTE OF INDIA : MARCH 19, 2016/PHALGUNA 29, 1937

[PART II—SEC. 3(ii)]

court in WP (L) No.1672 of 2007. Both parties are noticed,

Also appeared for certain dates thereafter none appears.

Subsequently on behalf of the workman no interest taken

nor adduced fresh evidence as ordered by Hon’ble High

Court. Case remain pending. It is felt that the disputes

between the parties have been resolved in the meantime.

Hence No Dispute Award is passed. Communicate.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 14 ekpZ] 2016

dk-vk- 541-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj Mhlhlh ds izcaèkra=k

ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/ esa fufnZ"V

vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/dj.k@Je

U;k;ky;] dksydkrk ds iapkV (lanHkZ la- 18@2012) dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 14@03@2016 dks izkIr gqvk FkkA

[la- ,y&22012@146@2012&vkbZvkj (lh,e&II)]

jktsUnz ¯lg] vuqHkkx vf/dkjh

New Delhi, the 14th March, 2016

S.O. 541.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 18/2012)

of the Central Government Industrial Tribunal-cum-Labour

Court, Kolkata as shown in the Annexure in the Industrial

Dispute between the management of Dankuni Coal Complex

and their workmen, received by the Central Government

on 14/03/2016.

[No. L-22012/146/2012-IR (CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

AT KOLKATA

Reference No. 18 of 2012

Parties:

Employers in relation to the management of

Dankuni Coal Complex

A N D

Their workmen

Present: Justice Dipak Saha Ray, Presiding Officer

Appearance:

On behalf of the

:

Mr. Uttam Mondal, Ld. Counsel

Management

On behalf of the

:

None

Workmen

State : West Bengal

Industry : Coal

Dated : 29th February, 2016

AWARD

By Order No.L-22012/146/2012-IR(CM-II) dated

25.10.2012 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 management of Dankuni Coal Complex

is justified in denying the charter of demands

submitted by the union as per Annexure (copy

enclosed) is legal and/or justified? What relief the

workman is entitled to?”

2.

When the case is taken up for hearing today, none

appears on behalf of the union, though the management it

represented by its Ld. Counsel. It appears from the record

that the union is absent for 3(three) consecutive dates.

3.

Considering the above facts and circumstances, it

appears that the union is not all interested to proceed with

the case further. So, no fruitful purpose will be served in

keeping the matter pending.

4.

In view of the above, instant reference is disposed

of by passing a “No Dispute Award”.

Dated, Kolkata,

The 29th February, 2016

Justice DIPAK SAHA RAY, Presiding Officer

ubZ fnYyh] 14 ekpZ] 2016

dk-vk- 542-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj lh,uch ds

izcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/ esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/dj.k@Je

U;k;ky;] t;iqj ds iapkV (lanHkZ la- 87@2005) dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 14@03@2016 dks izkIr gqvk FkkA

[la- ,y&42012@217@2004&vkbZvkj (lh,e&II)]

jktsUnz ¯lg] vuqHkkx vf/dkjh

New Delhi, the 14th March, 2016

S.O. 542.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 87/2005)

of the Central Government Industrial Tribunal-cum-Labour

Court, Jaipur as shown in the Annexure in the Industrial

Dispute between the management of Central Narcotics

Bureau, Nivarak avam Aasoochana Prakoshth and their

workmen, received by the Central Government on

14/03/2016.

[No. L-42012/217/2004-IR (CM-II)]

RAJENDER SINGH, Section Officer

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1111

vuqcaèk

vuqcaèk

vuqcaèk

vuqcaèk

vuqcaèk

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k ,oa Je U;k;ky;] t;iqj

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k ,oa Je U;k;ky;] t;iqj

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k ,oa Je U;k;ky;] t;iqj

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k ,oa Je U;k;ky;] t;iqj

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k ,oa Je U;k;ky;] t;iqj

lh-th-vkbZ-Vh- izdj.k la- 87@2005

lh-th-vkbZ-Vh- izdj.k la- 87@2005

lh-th-vkbZ-Vh- izdj.k la- 87@2005

lh-th-vkbZ-Vh- izdj.k la- 87@2005

lh-th-vkbZ-Vh- izdj.k la- 87@2005

Hkjr ik.Ms;] ihBklhu vf/kdkjh

jsQjsUl ua-- L-42012/217/2004–IR (CM-II) fnukad 04@08@2005

Shri Tulsiram, S/o Shri Laluram Gameti,

Basant Vihar, Flat- No. 335, Hiran Nagri No. 5,

Udaipur (Rajasthan)

v/s

1.

The Office Superintendent,

Central Narcotics Bureau,

Kota – Rajasthan

2.

The Superintendent,

Nivarak avam Aasoochana Prakoshth,

Central Bureau of Narcotics,

Distt.- Udaipur (Rajasthan)

izkFkhZ dh rjQ ls

% Jh Hkokuh flag HkkVh & izfrfuf/k

vizkFkhZ dh rjQ ls

% Jh Vh- ih- ‘kekZ & ,MoksdsV

% iapkV %

% iapkV %

% iapkV %

% iapkV %

% iapkV %

fnukad % 4-12-2015

1-

dsUnzh; ljdkj }kjk vkS|ksfxd fookn vf/kfu;e] 1947 dh /kkjk 10

mi&/kkjk 1 [k.M+ ¼?k½ ds vUrxZr fnukad 04@08@2005 ds vkns’k ls izsf”kr

fookn ds vk/kkj ij ;g izdj.k U;k;fu.kZ;u gsrq lafLFkr gSA dsUnzh; ljdkj

}kjk izsf”kr fookn fuEuor~ gS %&

2-

^^D;k v/kh{kd] dsUnzh; ukjdksfVDl C;wjks] jktLFkku] dksVk@ v/kh{kd

¼fu-½ fuokjd ,oa vklwpuk izdks”B] dsUnzh; ukjdksfVDl C;wjks] mn;iqj

ds }kjk vius deZdkj Jh rqylh jke iq= Jh ykywjke xesrh

MªkbZoj&de&prqFkZ Js.kh deZpkjh dks fnukad 11-3-1993 ls fnukad

1-1-2003 rd dk;Z djus ds ckn fnukad 1-1-2003 ls lsok ls c[kkZLr

djuk U;k;ksfpr ,oa fof/k lEer gS\ ;fn ugh arks deZdkj vius

fu;kstd ls fdl jkgr ikus dk vf/kdkjh gS\ **

3-

LVsVesUV vkWQ Dyse esa fn;s x;s rF; ds vuqlkj laf{kIr% izkFkhZ

Jh rqylh jke dk dFku gS fd mldh fu;qfDr MªkbZoj&de&prqFkZ Js.kh

deZpkjh ds :Ik esa fnukad 11-3-1993 dks foi{kh ds mn;iqj fLFkr dk;kZYk;

esa dh xbZ Fkh rHkh ls izkFkhZ ls okgu pkyu] lQkbZ ,oa pkSdhnkjh dk dk;Z

fujUrj fy;k tkrk jgk gSA izkFkhZ ds ikl okgu pykus dk ykbZlsUl

fnukafdr 15-4-91 gS vkSj blh ykbZlsULk ds vk/kkj ij mldh fu;qfDr dh

xbZ FkhA vkxs izkFkhZ dk dFku gS fd foi{kh ds ;gka vU; dk;Zjr okgu

pkydksa@pkSdhnkjksa dks fu/kkZfjr osru Üka`[kyk,sa nh tkrh jgh gSa fdUrq izkFkhZ

dks pkydksa@PkkSdhnkjksa dh osru Üka`[kyk o HkRrs u nsdj ek= yxHkx 1800

:Ik;s izfrekg osru fn;k tkrk FkkA

4-

;kfpdk ds izLrj 2 esa izkFkhZ dk dFku gS fd izkFkhZ us foi{kh ls dbZ

ckj pkydksa@PkkSdhnkjksa ds leku ifjykHkksa dh ekax dh fdUrq foi{khx.k us

izkFkhZ dks lEiw.kZ osru ykHk ugha iznku fd;k vkSj izkFkhZ ls ukjktxh j[kus

yxs tcfd foi{kh Hkkjrh; lafo/kku ds vuqPNsn 12 ds vUrxZr jkT; dh

ifjHkk”kk esa vkrk gS vkSj foi{kh dk ;g nkf;Ro gS fd leku dk;Z djus okys

O;fDr;ksa ds lkFk leku O;ogkj djsaA Hkkjrh; lafo/kku ds ewy vf/kdkj ,oa

uhfr&funsZ’kd rRoksa ds vUrxZr izkFkhZ dk ;g vf/kdkj Fkk fd okgu pkyd

dk dk;Z mlls fy;k x;k gS rks mls foi{kh }kjk okgu pkyd dh osru

Üka`[kyk ,oa HkRrs iznku fd;s tk;s ysfdu foi{kh us Hkkjrh; lafo/kku ds

izkfo/kku ds mYya?ku esa izkFkhZ dks lEiw.kZ lsok ykHk iznku ugha fd;kA

5-

izkFkhZ us mijksDr lsok ykHk iznku djus ds fy, foi{kh dks

vuqyXud 2 yxk;r vuqyXud 9 ,oa vuqyXud 14 i= fy[ks rFkk

le;≤ ij dbZ vkosnu izLrqr fd;s ftlesa izkFkhZ us LFkk;hdj.k] ,oa

okgu pkyd ds dk;Z ds vuq:Ik osru Üka`[kyk ,oa HkRrs dh ekax dh ysfdu

foi{kh us dksbZ /;ku ugha fn;kA izkFkhZ vR;Ur xjhc vkSj vuqlwfpr tutkfr

¼xesrh½ dk vkBoha ikl O;fDr gS ftlds ikl oS/k MªkbZfoax ykbLksUl gSA

izkFkhZ ij mlds ifjokj ds pkj O;fDr;ksa ds thou ;kiu dk nkf;Ro gS vkSj

1800 :Ik;s ek= ls xqtkjk ugha gksrk gS izkFkhZ ls okgu pykus ds vfrfjDr

pkSdhnkjh vkSj lQkbZ vkfn dk dk;Z mlls 24 ?k.Vs fy;k tkrk Fkk ,oa

jfookj ds fnu Hkh mlls pkSdhnkjh dk dk;Z fy;k tkrk Fkk bl izdkj izkFkhZ

jkr dks pkSdhnkjh vkSj fnu esa okgu pykus dk dk;Z djrk FkkA izkFkhZ dks

dbZ ckj dkWUlVscy dh M~;wVh Hkh nh tkrh FkhA

6-

vkxs ;kfpdk ds izLrj 5 esa ;kph dk dFku gS fd mldk dk;Z

VsfyQksu vVS.MsUV] prqFkZ Js.kh] okgu pkyd ,oa pkSdhnkjh vkfn ds Fks vkSj

lHkh dk;Z ds fy, izkFkhZ dks Je fof/k ds vuqlkj U;wure osru fn;k tkrk

FkkA izkFkhZ dks yxHkx 10 o”kZ rd vLFkk;h fu;kstu esa j[kk tkuk vuqfpr

,oa voS/k Fkk vkSj izkFkhZ LFkk;hdj.k dk gdnkj FkkA izkFkhZ }kjk LFkk;hdj.k

,oa osru Üka`[kyk dh fujUrj ekax ds dkj.k foi{khx.k izkFkhZ dks cks>

le>us yxs vkSj fnukad 1-1-2003 dks vpkud lsok ls i`Fkd dj fn;kA

foi{khx.k us izkFkhZ dks lsok ls gVkus dk dksbZ dkj.k ugha crk;kA izkFkhZ dh

lsok,a lUrks”kizn Fkh vkSj mlds fo#) dksbZ vkjksi ugha FkkA izkFkhZ dks lsok

ls gVkus ls iwoZ ,d ekg dh uksfVl vFkok uksfVl ds LFkku ij osru ugha

iznku fd;k x;kA izkFkhZ dks nqHkkZouk ls izsfjr gksdj lsok ykHk u nsus ds

mn~ns’; ls 10 lky dh lsok iw.kZ gksus ij Hkh LFkk;h ugha fd;k x;k vkSj

,d ekg dh uksfVl] uksfVl ds cnys osru rFkk NaVuh eqvkotk fn;s fcuk

lsok ls i‘Fkd dj fn;k x;k tcfd izkFkhZ ds ckn lsok esa vk;s deZpkjh

foi{kh la[;k 1 ds v/khu t;iqj] tks/kiqj ,oa mn;iqj vkfn LFkkuksa ij

dk;Zjr gS bl izdkj izkFkhZ dk lsok ls i`Fkd fd;k tkuk voS/k gSA

7-

;kfpdk esa vkxs ;g dgk x;k gS fd izkFkhZ dh lsokeqfDr /kkjk 25

,Q] 25 th ,oa 25 ,p ds mYya?ku esa dh x;h gS vkSj izkFkhZ dks lsok ls

gVk;s tkus ds ckn mn;iqj] t;iqj vkSj dksVk esa deZdkjksa dh fu;qfDr dh

x;h gS tks vHkh Hkh dk;Zjr gSA vr% izkFkhZ us ;kpuk dh gS fd mls

1112

THE GAZETTE OF INDIA : MARCH 19, 2016/PHALGUNA 29, 1937

[PART II—SEC. 3(ii)]

LFkk;hdj.k vkfn ds ykHk lfgr lsok esa iquLFkkZfir fd;k tk; vkSj C;kt

lfgr leLr osru ykHk fnyk;k tk;A

8-

foi{k dh rjQ ls oknksRrj izLrqr dj ;kfpdk ds izLrj 1 yxk;r

11 ds lEcU/k esa dgk x;k gS fd ftl izdkj o.kZu Dyse dh mDr /kkjkvksa

esa izLrqr fd;k x;k gS og Lohdkj ugha gSA vfrfjDr dFku esa ;g dgk x;k

gS fd Jfed dks foi{kh foHkkx }kjk dHkh fu;qfDr i= ugha tkjh fd;k x;k

vkSj u gh nSfud osru Hkksxh ds :Ik esa j[kk x;k FkkA izkFkhZ dks dsoy ,d

vkdfLed Jfed ds :Ik esa j[kk x;k Fkk rFkk mls dHkh Hkh okgu pkyd

vFkok fdlh Hkh in ij dHkh Hkh fu;qfDr ugha nh x;h Fkh ftl dkj.k izkFkhZ

foHkkx dk LFkk;h deZpkjh ugha gS ,oa og pkyd@pkSdhnkj dh osru

Üka`[kyk rHkh izkIr dj ldrk gS tc og foHkkx dk LFkk;h deZpkjh gksaA

izkFkhZ dks C;wjks lsok esa dHkh Hkh fu;qfDr ugha nh x;h vkSj u dksbZ fu;qfDr

i= fn;k x;kA izkFkhZ ,d vkdfLed Jfed ds :Ik esa j[kk x;k Fkk vkSj

dk;Z lekfIr ij mldk dk;Z Lor% lekIr gks tkrk FkkA

9-

izkFkhZ ls okgu pkyd lEcfU/kr dk;Z ugha djok;k tkrk Fkk vkSj

nSfud osru Hkksxh ds :Ik esa fu/kkZfjr nj ds vuqlkj 1800 #Ik;k izfrekg ds

fglkc ls Hkqxrku fd;k tkrk FkkA izkFkhZ dk dk;Z dsoy lQkbZ djus dk

dk;Z Fkk vkSj mlh ds vuqlkj Hkqxrku fd;k tkrk FkkA foi{k }kjk izkFkhZ dk

gkftjh jftLVj esa gLrk{kj ugha djok;k tkrk Fkk vkSj dk;Zfnol ij

mifLFkr gksus ds vuqlkj Hkqxrku fd;k tkrk Fkk ftldk fjdkMZ foHkkx ds

ikl miyC/k ugha gSA ;kfpdk ds izLrj 6 esa izkFkhZ us ftu nLrkostksa dh

ekax dh gS og foHkkx ds ikl miyC/k ugha gS D;ksafd izkFkhZ }kjk ekaxs x;s

nLrkost dkYifud gSaA

10-

;kfpdk ds izLrj 7 ds dFku ds fo#) foi{khx.k dk dFku gS fd

vizkFkhZ foHkkx Hkkjr ljdkj dk midze gS ftlds fy;s Hkkjr ljdkj ds

}kjk fn;s x;s fn’kk funsZ’kksa dh ikyuk djuk vko’;d gSA fu;qfDr dh

izfdz;k ds ckjsa esa Hkh LIk”V gS fd C;wjks fdlh Hkh O;fDr dks Hkkjr ljdkj ds

fn’kk funsZ’k dh vuqikyuk fd;s fcuk fdlh Hkh O;fDr dks fu;qfDr ugha ns

ldrkA izkFkhZ dks tc foHkkx ds }kjk fu;qDr gh ugha fd;k x;k rks

i`FkDdj.k dk loky gh mRiUu ugha gksrkA izkFkhZ dk ;g dguk xyr gS fd

mlus fujUrj 10 o”kZ rd dk;Z fd;k cfYd dk;Z gksus ij mls cqyk;k tkrk

Fkk vkSj dk;Z ds lekiu ds ckn mldh vko’;drk Lor% lekIr gks tkrh

FkhA vkxs foi{kh dk dFku gS fd foi{kh foHkkx }kjk vkS|ksfxd fookn vf/

kfu;e 1947 dh fdlh Hkh izkfo/kku dk mYya?ku ugha fd;k x;k gS D;ksafd

foi{kh foHkkx Hkkjr ljdkj dk midze gS ftlds fn’kk funZs’kksa dk ikyu

djuk foHkkx dk dRrZO; gSA ;g Hkh dgk x;k gS fd izkFkhZ Jfed dk

foHkkx ls gVus ds ckn dHkh Hkh vLFkk;h deZpkjh dh HkrhZ ugha dh x;h gS

cfYd foHkkx ds lHkh deZpkfj;ksa dh fu;qfDr LFkk;h izd`fr dh gSA

11-

vkxs foi{kh dk dFku gS fd izkFkhZ }kjk U;k;kf/kdj.k ls ;kfpr

vuqrks”k eux<ar rF;ksa ij vk/kkfjr gksus ds dkj.k [kkfjt fd;s tkus ;ksX;

gS rFkk izkFkhZ fdlh izdkj dk vuqrks”k ikus dk gdnkj ugha gSA

12-

;kph i{k dh rjQ ls ;kfpdk ds leFkZu esa izys[kh; lk{; ds :Ik

esa vuqyXud 1 yxk;r vuqyXud 14 ;kfpdk ds lkFk izLrqr fd;s x;s gSaA

blds vfrfjDr nSfud osru Hkksfx;ksa dh fu;qfDr vkns’k fnukad 3-4-98 dh

QksVksizfr izn’kZ 15] lsoklEcU/kh izek.k i= fnukad 8-1-2003 dh QksVksizfr

izn’kZ 16 rFkk izkFkhZ dh MkbZfoax ykbZlsUl dh QksVksizfr izn’kZ MCY;w 1 ,

izLrqr gSA ;kph i{k dh rjQ ls ekSf[kd lk{; esa Jh rqylh jke] izkFkhZ

izLrqr fd;s x;s gSa ftuds ‘kiFk&i= ij mudh izfrijh{kk dh x;h gSA

13-

foi{k dh rjQ ls lwph ds lkFk flrEcj 98 ls tuojh 2003 dh

deZpkjhx.k dh mifLFkfr iaftdk dh izekf.kr QksVksizfr] fnukad 3-9-2000

ls 19-3-2001 rd dh okgu ls lEcfU/kr ykWx cqd dh izekf.kr QksVksizfr

vkSj fnukad 18-3-2002 ls 4-8-2002 rd dh LVs’ku Mk;jh dh izekf.kr

QksVksizfr izLrqr gSA foi{k dh rjQ ls Jh fot; flag] v/kh{kd fuokjd ,oa

vklwpuk izdks”B] mn;iqj dks ekSf[kd lk{; ds :Ik esa izLrqr fd;k x;k gS

ftudh ‘kiFk&i= ij izLrqr lk{; ij ;kph i{k }kjk izfrijh{kk dh x;h

gSA mHk;i{k dh rjQ ls dksbZ vU; izys[kh; ;k ekSf[kd lk{; i=koyh ij

ugha gSA

14-

eSaus mHk;i{k ds fo}ku izfrfuf/kx.k dh cgl lquh rFkk i=koyh dk

lE;d~ voyksdu fd;kA foi{k dh rjQ ls i=koyh ij fyf[kr cgl Hkh

izLrqr dh x;h gSA ;kph i{k dh rjQ ls dksbZ fyf[kr cgl ugha izLrqr gSA

15-

;kph i{k dh rjQ ls fuEu fof/kd n`“VkUr izLrqr fd;s x;s gS%&

1- 2005 ,-vkbZ-vkj- ,l-lh-MCY;w i`“B 6103 vkj-,e-;sy~ykV~Vh

&vihykFkhZ cuke vflLVsUV ,DthD;wfVo bUthfu;j &izR;FkhZ

2- 2005 ySc-vkbZ-lh- 2279 ¼loksZPp U;k;ky;½] cSad vkWQ cMkSnk

&vihykFkhZ cuke ?ksekjHkkbZ gjthckbZ jcMh &izR;kFkhZ

3- dsUnzh; ljdkj vkS|ksfxd U;k;kf/kdj.k lg Je U;k;ky;]

t;iqj }kjk lhthvkbZVh dsl uEcj 43@2003 Jh jkes’oj

yky tkV & ;kph cuke fMfLVªDV vksfi;e vf/kdkjh & foi{kh

esa ikfjr fu.kZ; fnukad 27-1-2005 dh izekf.kr QksVksizfr dh

QksVksizfr

4- dsUnzh; ljdkj vkS|ksfxd U;k;kf/kdj.k lg Je U;k;ky;]

t;iqj }kjk lhthvkbZVh dsl uEcj 129@2005 Jh mek ‘kadj

vxzoky & ;kph cuke n fMIVh ukjdksfVDl dfe’uj] &

foi{kh esa ikfjr fu.kZ; fnukad 03-1-2011 dh izekf.kr QksVksizfr

dh QksVksizfr

16-

foi{k dh rjQ ls dksbZ fof/kd n`“VkUr izLrqr ugha fd;k x;k gSA

cgl dh lekfIr ds mijkUr i{kdkjksa dks funZsf’kr fd;k x;k Fkk fd

i{kdkj fof/kd n`“VkUr cgl dh lekfIr ds 15 fnu ds vUnj izLrqr djsa

ijUrq fu.kZ; dh frfFk rd dksbZ n`“VkUr ugha izLrqr fd;k x;k gSA

17-

;kph dh fo}ku izfrfuf/k dh rjQ ls ;g cgl dh x;h gS fd ;kph

us yxkrkj 240 fnu ls T;knk dk;Z fd;k gS] foi{k }kjk /kkjk 25&,Q ds

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1113

uksfVl fn;s fcuk ;kph dks lsok ls fof/k fo:) gVk;k x;k gS] ;kph dks

dksbZ NaVuh eqvkotk Hkh ugha iznku fd;k x;k gSA ;g cgl Hkh dh x;h gS

fd 240 fnu fujUrj dk;Z djus ds rF; dks lkfcr djus ds lEcU/k esa izkFkhZ

i{k us foi{k ls vfHkys[k ryc djk;s Fks ftlds vuqikyu esa foi{k }kjk

vèkwjs vfHkys[k izLrqr fd;s x;s] vr% foi{k ds fo:) v/kwjs vfHkys[k izLrqr

djus ds dkj.k izfrdwy vo/kkj.kk lk{; vf/kfu;e dh /kkjk 114 ds vUrxZr

U;k;kf/kdj.k }kjk xzg.k dh tkuh pkfg, D;ksafd foi{k }kjk M~;wVh jftLVj]

osru jftLVj ugha izLrqr fd;s x;s gS vr% ;kph dks foi{k }kjk lsok ls

fofèk fo:) gVk;s tkus ds dkj.k lsok dh fujUrjrk ds lkFk leLr foxr

osru lfgr lsok esa iquLFkkZfir djus dk vkns’k U;k;kf/kdj.k }kjk ikfjr

fd;k tk;A foi{k ds fo}ku izfrfuf/k dh rjQ ls ;g cgl dh x;h gS fd

izkFkhZ dks foi{k }kjk dksbZ fu;qfDr i= ugha tkjh fd;k x;k D;ksafd og

vkdfLed Jfed Fkk ftls nSfud osru Hkksxh ds :Ik esa j[kk x;k Fkk rFkk

mls dHkh pkyd ds in ij fu;qDr ugha fd;k x;kA izkFkhZ dh dHkh fu;qfDr

ugha dh x;h vr% mls lsok ls vyx djus dk loky mRiUu ugha gksrkA

izkFkhZ dk dk;Z dsoy lQkbZ djus dk Fkk vkSj mlh ds vuqlkj mldks

Hkqxrku fd;k tkrk FkkA ;g cgl Hkh fd x;h gS fd mlus fdlh Hkh o”kZ esa

240 fnu yxkrkj dk;Z ugha fd;k rFkk foHkkx esa dk;Z u gksus ds dkj.k

Lor% dk;Z NksM+dj pyk x;kA ;g Hkh dgk x;k gS fd foHkkx dk LFkk;h

deZpkjh ugha Fkk blfy;s mlds }kjk osru HkRrs ,oa ifjykHk izkIr djus dk

iz’u ugha mRiUu ugha gksrkA izkFkhZ dks nSfud osru Hkksxh ds :Ik esa

vko’;drkuqlkj ikuh Hkjus] dk;kZy; dh lQkbZ djus bR;kfn vkdfLed

dk;Z gsrq nSfud etnwjh ij j[kk x;k Fkk vkSj fu/kkZfjr nj ds vuqlkj

mldks Hkqxrku dj fn;k tkrk FkkA ;g Hkh dgk x;k gS fd mldk gLrk{kj

fdlh jftLVj esa ugha djok;k tkrk Fkk] foi{kh Hkkjr ljdkj dk miØe gS

tgka fdlh Hkh O;fDr dks fcuk izfØ;k viuk;s fu;qfDr ugha nh tk ldrhA

izkFkhZ dh lsok lekfIr ds ckn ls foi{kh foHkkx esa Bsdsnkj ds ek/;e ls dk;Z

djok;k tkrk gS vkSj lEcfU/kr Jfed dk Hkqxrku Bsdsnkj ds }kjk gh fd;k

tkrk gSA ;g Hkh dgk x;k gS fd izkFkhZ dk ;g dguk xyr gS fd mlus 10

lky rd fujUrj dk;Z fd;k cfYd dk;Z dh miyC/krk ij Jfed dks dk;Z

ds fy;s cqyk;k tkrk Fkk vkSj dk;Z lekIr gksus ij og Lor% pyk tkrk FkkA

izkFkhZ dh lsok;sa dk;Z lekIr gksus ij Lor% gh lekIr gks x;h FkhA fyf[kr

cgl esa ;g mYys[k gS fd Hkkjr ljdkj us foi{kh foHkkx esa vkdfLed

etnwjksa dh HkrhZ ij iw.kZr;k izfrcU/k yxk;k gqvk gS blfy;s vkdfLed

Jfed dks ;kfpr in ij fu;qDRk djuk lEHko ugha gS] izkFkhZ dk Dyse pyus

;ksX; ugha gksus ds dkj.k [kkfjt gksus ;ksX; gSA foi{k dh rjQ ls fyf[kr

cgl esa ;g mYys[k fd;k x;k gS fd dsUnzh; ukjdksfVDl C;wjks] **m|ksx**

dh ifjHkk”kk ls vkPNkfnr ugha gS vr% vkS|ksfxd fookn vf/kfu;e ds

izkfoèkku ykxw ugha gksrs gS blds fo:) ;kph ds fo}ku izfrfuf/k dh rjQ

ls ;g cgl dh x;h gS fd foi{k dh ;g cgl iks”k.kh; ugha gS fd dsUnzh;

ukjdksfVDl C;wjks **m|ksx** dh ifjHkk”kk ls vkPNkfnr ugha gS] ;kph i{k dh

rjQ ls vius dFku ds leFkZu esa dsUnzh; ljdkj vkS|ksfxd U;k;kf/kdj.k

lg Je U;k;ky;] t;iqj }kjk lhthvkbZVh dsl uEcj 43@2003

Jh jkes’oj yky tkV & ;kph cuke fMfLVªDV vksfi;e vf/kdkjh & foi{kh

esa ikfjr fu.kZ; fnukad 27-1-2005 dh izekf.kr QksVksizfr dh QksVksizfr ,oa

dsUnzh; ljdkj vkS|ksfxd U;k;kf/kdj.k lg Je U;k;ky;] t;iqj }kjk

lhthvkbZVh dsl uEcj 129@2005 Jh mek ‘kadj vxzoky & ;kph cuke n

fMIVh ukjdksfVDl dfe’uj] & foi{kh esa ikfjr fu.kZ; fnukad 03-1-2011 dh

izekf.kr QksVksizfr dh QksVksizfr izLrqr dh x;h gSA

18-

tgka rd dsUnzh; ukjdksfVDl C;wjks dks **m|ksx** dh ifjHkk”kk ls

vkPNkfnr gksus dk iz’u gS foi{k dh rjQ ls dsoy viuh fyf[kr cgl ds

izLrj 10 esa ;g fcUnq mBk;k x;k gS fd dsUnzh; ukjdksfVDl C;wjks **m|ksx**

dh ifjHkk”kk ls vkPNkfnr ugha gS blfy;s vkS|ksfxd fookn vf/kfu;e ds

izkfo/kku ykxw ugha gksrs gS rFkk ;kfpdk iks”k.kh; ugha gS ijUrq ;kph i{k dh

rjQ ls izLrqr dsUnzh; ljdkj vkS|ksfxd U;k;kf/kdj.k lg Je U;k;ky;]

t;iqj }kjk lhthvkbZVh dsl uEcj 43@2003 Jh jkes’oj yky tkV &

;kph cuke fMfLVªDV vksfi;e vf/kdkjh & foi{kh] esa ikfjr fu.kZ; fnukad

27-1-2005 dh izekf.kr QksVksizfr dh QksVksizfr ,oa dsUnzh; ljdkj vkS|ksfxd

U;k;kf/kdj.k lg Je U;k;ky;] t;iqj }kjk lhthvkbZVh dsl uEcj 129@2005

Jh mek ‘kadj vxzoky & ;kph cuke n fMIVh ukjdksfVDl dfe’uj] &

foi{kh] esa ikfjr fu.kZ; fnukad 03-1-2011 dh izekf.kr QksVksizfr dh

QksVksizfr ds voyksdu ls ;g tkfgj gS fd iwoZ esa foHkkx ds fo:) mDr

nksuksa ekeys fuf.kZr fd;s x;s gS vkSj ;kphx.k dks muds fgr esa vuqrks”k

iznku fd;k x;k gSA dsl uEcj 43@2003 esa ;g vo/kkfjr fd;k x;k gS fd

foi{kh foHkkx **m|ksx** dh ifjHkk”kk ls vkPNkfnr gSA bu fu.kZ;ksa ds

fo:) fdlh U;k;ky; esa dksbZ ;kfpdk yfEcr ugha crk;h x;h gSA foi{k

dh rjQ ls viuh cgl ds leFkZu esa dksbZ fof/kd n`”VkUr ugha izLrqr fd;k

x;k gS] vr% eSa bl fu”d”kZ ij gwWa fd foi{k dh ;g cgl la/kkj.kh; ugha gSa

fd dsUnzh; ukjdksfVDl C;wjks m|ksx dh ifjHkk”kk ls vkPNkfnr ugha gS

blfy;s ;kfpdk iks”k.kh; ugha gSA

19-

tgka rd foIk{kh ds foHkkx esa izkFkhZ dh MªkbZoj&de&prqFkZ Js.kh

deZpkjh ds :Ik eas fnukad 11-3-1993 dks fu;qDr fd;s tkus dk iz’u gS

;kfpdk ds izLrj 1 esa fnukad 11-3-1993 dks foi{kh ds mn;iqj dk;kZy; esa

fu;qDr gksus dk mYys[k izkFkhZ us fd;k gS ftl rF; dks oknksRrj esa foi{k us

vLohdkj fd;k gS vkSj dgk x;k gS fd izkFkhZ Jfed dks dHkh Hkh foi{k

}kjk fu;qfDr i= ugha tkjh fd;k x;kA bl rF; dks Lohdkj fd;k x;k gS

fd izkFkhZ dks ek= ,d vkdfLEkd nSfud osru Hkksxh Jfed ds :Ik esa j[kk

x;k Fkk rFkk mls dksbZ LFkk;h fu;qfDr ugha nh x;h FkhA mDr fLFkfr ls ;g

Li”V gS fd foi{k }kjk fu;qfDRk ls bUdkj ds ckn ;kfpdk ds izLrj ,d esa

foi{kh ds ;gka fu;qDr gksus ds dFku dks fl) djus dk Hkkj izkFkhZ ij gSA

i=koyh ij izkFkhZ dh rjQ ls dksbZ fu;qfDr i= foi{kh ds ;gka fnukad

11-3-1993 dks fu;qDr gksus ds LkEcU/k esa ugha izLrqr fd;k x;k gSA izkFkhZ us

lk{; esa izLrqr vius ‘kiFk i= esa foi{kh ds laLFkku esa fnukad 11-3-1993 dks

fu;qDr gksus dk mYys[k fd;k gS ysfdu fu;qfDr ds le; feyus okys

osrueku dk mYys[k ugha fd;k gS ijUrq ‘kiFk i= esa ;g dgk gS fd lsok

1114

THE GAZETTE OF INDIA : MARCH 19, 2016/PHALGUNA 29, 1937

[PART II—SEC. 3(ii)]

ls eqDr gksrs le; mldk vfUre osru 1800 :Ik;s izfrekg FkkA izfrijh{kk

esa ;kph us ;g dgk gS fd ;g lgh gS fd lQkbZ dk;Z ij j[krs le; mls

dksbZ fu;qfDRk i= ugha fn;k x;k Fkk vkSj lQkbZ dk;Z ds fy, mls vdsys gh

j[kk x;k FkkA ;kph us ;g Hkh izfrijh{kk esa Lohdkj fd;k gS fd foHkkx

}kjk mldh fu;qfDRk ds lEcU/k esa dksbZ foKkiu ugha fudkyk x;k FkkA ;g

Hkh dgk gS fd mlds firk foi{kh ds foHkkx izrkix<+ esa dke djrs Fks

blfy;s mls lQkbZ dk;Z ds fy;s j[kk x;k FkkA foi{kh lk{kh Jh fot; flag

eh.kk] v/kh{kd] fuokjd ,oa vklwpuk izdks”B dh iwjh izfrijh{kk ds voyksdu

ls ;g izdV gS fd foi{k }kjk vius foHkkx esa izkFkhZ dh fu;fer fu;qfDRk ds

rF; dks dgha Lohdkj ugha fd;k x;k gSA i`”B ,d ij izfrijh{kk esa

Jh fot; flag eh.kk us ;g Lohdkj fd;k gS fd i=koyh ij miyC/k

gkftjh jftLVj dh QksVksizfr Mh 1 yxkk;r Mh 37 esa ftrus yksxksa ds uke

vafdr gS muesa Jh rqylh jke lQkbZ deZpkjh gS vkSj ‘ks”k lHkh yksx

fu;fer deZpkjh gS rFkk rqylh jke ds vfrfjDr ‘ks”k lHkh dks fu;qfDr i=

fuxZr fd;k x;k gSA izkFkhZ }kjk Dyse ds lkFk izLrqr vuqyXud&3 ls ;g

izdV gksrk gS fd izkFkhZ 11 :Ik;s nSfud etnwjh ij foi{k }kjk lQkbZ dk;Z

ds fy, j[kk x;k FkkA vuqyXud 2 esa Loa; ;kph us gh mYys[k fd;k gS fd

og lQkbZ dk dk;Z 6 o”kksZa ls djrk vk jgk gSA blls izkFkhZ dk ;kfpdk ds

izLrj ,d esa fd;k x;k dFku xyr lkfcr gksrk gS fd fnukad 11-3-1993

dks mls MªkbZoj&de&prqFkZ Js.kh deZpkjh ds :Ik esa fu;qfDr nh x;h FkhA

vuqyXud 4 fnukafdr 3-4-97 esa Hkh ;kph us lQkbZ deZpkjh gksus ds rF; dks

gh Lohdkj fd;k gS vkSj vuqyXud 5 fnukafdr 14-9-99 ,oa vuqyXud 6

fnukafdr 8-2-2002 esa Hkh Lo;a dks lQkbZ deZpkjh gh crk;k gSA vuqyXud

8 fnukafdr 1-8-2002 esa igyh ckj ;kph us dgk gS fd og lQkbZ dk;Z ,oa

pkSdhnkjh ds lkFk dHkh dHkh ‘kkldh; okgu pykus dk dk;Z Hkh djrk Fkk

ftldh iqujko`fRr vuqyXud 9 fnukafdr 21-12-2002 esa dh x;h gSA blls

;g ugha dgk tk ldrk gS fd og pkyd de prqFkZ Js.kh deZpkjh ds :Ik

esa fu;qDr gqvk FkkA ;kph dh rjQ ls izLrqr vfHkys[k Ex-W-15 fnukafdr

3-4-98 ls ;g tkfgj gS fd ;kph dh 32@ :Ik;s nSfud etnwjh ij

lQkbZdehZ ds :Ik eas fu;qfDr fnukad 10-3-1998 ls dk;kZy; v/kh{kd]

mn;iqj ds dk;kZy; esa dsoy ,d ekg ds fy, gqbZ FkhA bl fu;qfDr vkns’k

dh ‘krZ ds vuqlkj izkFkhZ dks foi{k dh lsok esa fy;s tkus ;k ojh;rk lwph

esa lfEefyr gksus dk vf/kdkj miyC/k ugha gSA LVs’ku Mk;jh dh izfr rFkk

ykx&cqd dh izfr;ksa ds voyksdu ls ;g tkfgj gS fd ;kph us dHkh&dHkh

fu;fer pkydksa dh vuqifLFkfr esa foHkkx ds vko’;drkuqlkj okgu pkyd

dk dk;Z Hkh fd;k gS ,oa bl rF; dks foi{kh lk{kh us izfrijh{kk esa i`”B 4

ij Lohdkj fd;k gS tc lk{kh dk /;ku okgu ykx cqd ds i`”B rhu ij

vkdf”kZr fd;k x;k gSA lk{kh us dgk gS fd izkFkhZ dks ykx cqd dh izfof”V

esa Msyh ostj ds :Ik esa n’kkZ;k x;k gS ,oa ml fnu pkyd ugha jgk gksxk

blfy, mls pkyd dk dke lkSik x;k gksxkA lk{kh us dgk gS fd

rqylhjke dks dUVhtsUV fcy cukdj Hkqxrku foHkkx }kjk gh fd;k tkrk

FkkA izys[kh; ,oa ekSf[kd lk{; dh mDr O;k[;k o fo’ys”k.k ls eSa bl

fu”d”kZ ij gwaW fd izkFkhZ foi{kh foHkkx esa lQkbZ dk;Z ds fy;s fnukad

11-3-1993 dks lQkbZ dk;Z ds fy;s nSfud osru Hkksxh ds :Ik esa 11 :Ik;k

nSfud etnwjh ij j[kk x;k FkkA

20-

tgkW rd fnukad 11-3-1993 ls fnukad 1-1-2003 rd yxkrkj izkFkhZ

}kjk foHkkx esa dk;Z fd;s tkus dk iz’u gS bldh iqf”V ds fy, i=koyh ij

dksbZ izysf[k; lk{; ugha gS ftlls ;g tkfgj gks lds fd izkFkhZ us fnukad

11-3-1993 ls fnukad 1-1-2003 rd fu;fer dk;Z fd;k gSA vxj ,slk gksrk

rks fu;qfDr i= fnukad 3-4-98 Ex-W-15 tkjh djus dh t:jr ugha gksrhA

foi{kh lk{kh dks ekSf[kd lk{; ds nkSjku ,slk dksbZ lq>ko Hkh ugha fn;k x;k

gS fd izkFkhZ us foHkkx esa fnukad 11-3-1993 ls fnukad 1-1-2003 rd v[k.M

:Ik ls yxkrkj dk;Z fd;k gks vr% eSa bl fu”d”kZ ij gWw fd ;kph ;g lkfcr

ugha dj ldk gS fd fnukad 11-3-1993 ls fnukad 1-1-2003 rd yxkrkj

dk;Z fd;k gSA

21-

;kph ds fo}ku izfrfuf/k us cgl dh gS fd foi{k ls gkftjh

jftLVj vkSj osru Hkqxrku jftLVj dh ekWx dh x;h Fkh tks iw.kZ :Ik ls

ugha izLrqr gS vr% foi{k ds fo:) /kkjk 114 lk{; vf/kfu;e ds vUrxZr

izfrdwy vo/kkj.kk xzg.k gksuh pkfg, blds fo:) foi{k }kjk izfrokn

fd;k x;k gS fd izkFkhZ fdlh Hkh o”kZ esa 240 fnu yxkrkj dk;Z ugha fd;k

rFkk tks vfHkys[k miyC/k Fks mls izLrqr fd;k x;k gSA ;g Hkh dgk x;k gS

fd izkFkhZ dk dksbZ fjdkMZ ugha j[kk tkrk Fkk rFkk mls mifLFkfr ds vuqlkj

Hkqxrku dj fn;k tkrk FkkA tgkW rd /kkjk 114 lk{; vf/kfu;e ds vUrXkZr

izfrdwy vo/kkj.kk xzg.k fd;s tkus dk iz’u gS bl lEcU/k esa ekuuh;

loksZPp U;k;ky; }kjk 2006] lqizhe dksVZ ¼,y-,.M ,l-½ i`“B 38 esa nh x;h

fof/k O;oLFkk izklafxd ,oa mYys[kuh; gSA

22-

2006 lqizhe dksVZ ¼,y-,.M ,l-½] 38] lqjsUnz uxj ftyk iapk;r &

vihykFkhZ cuke ng~;kHkkbZ vej flag & izR;FkhZ esa izdj.k ds rF;kuqlkj

izR;FkhZ dh lsok 15-8-85 ds vkns’k ls lekIr dj nh x;h FkhA lsok lekfIr

ds yxHkx lkr lky ckn fnukad 01-6-92 dks izR;FkhZ us vihykFkhZ dks lsok

esa iquLFkkZiuk dh uksfVl Hksth vkSj vUrr% izR;FkhZ dh lsok lekfIr dk

fookn U;k;fu.kZ;u gsrq vkS|ksfxd U;k;kf/kdj.k dks lqiqnZ fd;k x;kA

izR;FkhZ us vius LVsVesUV vkWQ Dyse esa ;g mYys[k fd;k fd og

lsok lekfIr ds vkns’k fnukad 15-8-85 rd 10@& :i;s nSfud etnwjh ij

vihykFkhZ dh lsok esa Fkk ,oa lsok lekfIr ds vkns’k fuxZr gksus ds iwoZ

vkS|ksfxd fookn vf/kfu;e ds izkfo/kkuksa dk ikyu ugha fd;k x;kA Je

U;k;ky; ds le{k izR;FkhZ dh rjQ ls ,d vkosnu vihykFkhZ dks funsZ’k

tkjh djus ds fy, izLrqr gqbZ fd vihykFkhZ 1976 ls 1986 rd dh lsok

vof/k dk osru jftLVj ,oa eLVj jksy izLrqr djsaA vihykFkhZ us LVsVesUV

vkWQ Dyse ds fo:) ;g dFku izLrqr fd;k fd izR;FkhZ Loa; dke ij vkuk

cUn dj dj fn;k ,oa mls dksbZ LFkk;h fu;qfDr ugha nh x;h FkhA og

eqrQdkZ dk;kZsa ds fy, fu;qDr Fkk rFkk tc dke gksrk Fkk rks mls cqyk fy;k

tkrk FkkA ;g Hkh dgk x;k fd deZpkjh us lsoklekfIr ds Bhd iwoZ iwoZorhZ

12 ekgksa esa 240 fnu rd yxkrkj dk;Z ugha fd;k gSA ;g Hkh dgk x;k fd

mlus lu~ 82] 83 vkSj 84 esa Øe’k% 114] 63 vkSj 124 fnu dk;Z fd;k gS vr%

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1115

mldh lsok,a lekIr djus ds iwoZ /kkjk 25 ¼,Q½ vkS|ksfxd fookn vf/kfu;e

esa nh x;h izfØ;k dk vuqikyu djus dh fof/kd vko’;drk ugha FkhA

izR;FkhZ us Loa; dks lk{; esa izLrqr dj l’kiFk dgk gS fd og nl

lky rd 470@&:i;s izfrekg ds osru ij fu;qDr FkkA vihykFkhZ dh rjQ

ls ,d deZpkjh us lk{; esa mifLFkr gksdj dgk fd deZpkjh us dHkh Hkh

,d o”kZ esa 240 fnu dke ugha fd;kA Je U;k;ky; us izR;FkhZ ds lk{; ij

Hkjkslk fd;k vkSj eLVj jksy rFkk 1976 ls 86 rd dh osru jftLVj u

izLrqr djus ij izfrdwy vo/kkj.kk xzg.k dj ;g vo/kkfjr fd;k fd

izR;FkhZ us 240 fnu ls T;kns dk;Z fd;k vr% mldh lsokeqfDr voS/kkfud FkhA

Je U;k;ky; us /kkjk 25 ¼,Q½] 25 ¼th½ ,oa 25 ¼,p½ dh izfØ;k dk ikyu

u djus ds dkj.k deZpkjh dks iquLFkkZiuk ds fy, vknsf’kr fd;k ,oa lkFk

gh fiNys osru dh 20 izfr’kr /kujkf’k vnk djus dk funsZ’k fn;kA

ekuuh; mPp U;k;ky; dh ,dyihB us Je U;k;ky; ds fu.kZ; dh

iqf”V dh rFkk Je U;k;ky; ds fu.kZ; ds fo:) vihykFkhZ dh ;kfpdk

[kkfjt dhA ,dy ihB ds fu.kZ; ds fo:) ekuuh; mPp U;k;ky; dh

[k.MihB us ysVlZ isVsaV vihy fujLr dh ,oa ;g vo/kkfjr fd;k fd Je

U;k;ky; us lgh vo/kkfjr fd;k gS fd deZpkjh us ekSf[kd lk{; ls vius

dFku lkfcr fd;k gSA ekuuh; [k.MihB us Je U;k;ky; }kjk osru

iaftdk] eLVj jksy] rFkk deZpkfj;ksa dh ofj”Brk lwph u izLrqr djus ij

xzg.k dh x;h izfrdwy vo/kkj.kk dks Hkh lgh Bgjk;kA Je U;k;ky; us ;g

Hkh vo/kkfjr fd;k fd izR;FkhZ dh rqyuk esa ,oa dfu”d deZpkjh dh lsok

fu;fer :Ik ls tkjh j[kh x;h vkSj izR;FkhZ dh lsok lekIr dj nh x;hA

ekuuh; loksZPp U;k;ky; ds le{k ekuuh; mPp U;k;ky; dh [k.MihB ds

fu.kZ; ds fo:) vihykFkhZ dh ;g cgl Fkh fd ekuuh; loksZPp U;k;ky; us

vius vusd fu.kZ;ksa esa vR;Ur Li”V :Ik ls ;g vo/kkfjr fd;k gS fd

izkjfEHkd rkSj ij fl) djus dk nkf;Ro deZpkjh ij gS fd lsok lekfIr dh

frfFk ds iwoZ ,d o”kZ esa deZpkjh us 240 fnu dk;Z fd;k gS tks nkf;Ro

fuokZg djus esa deZpkjh vlQy jgk gSA ;g cgl Hkh dh x;h fd 10 lky

dk vfHkys[k izLrqr u djus ij izfrdwy vo/kkj.kk xzg.k djus dh dksbZ

otg ugha FkhA izR;FkhZ dh rjQ ls ;g cgl dh x;h Je U;k;ky; us

izfrdwy vo/kkj.kk vfHkys[kksa ds lEcU/k esa xzg.k djds Je U;k;ky; us lgh

fd;k gS D;ksafd fu;kstd ds dCts esa vfHkys[k Fks vr% Je U;k;ky; }kjk

ekax fd;s tkus ij mls izLrqr djuk fu;ksDrk dk drZO; FkkA ;g cgl Hkh

dh x;h fd vfHkys[k fu;ksDrk ds dCts esa gS blfy, mldk nkf;Ro gS fd

og fl) djs fd lEcfU/kr vof/k esa deZpkjh us 240 fnu dk;Z ugha fd;k gSA

mHk;i{k dh mDr cgl ds ifjis{; esa ekuuh; loksZPp U;k;ky; us

/kkjk 2 ¼vksvks½] /kkjk 25 ¼ch½ ,oa 25 ¼,Q½ dh Li”V ,oa cks/kxE; O;k[;k

djrs gq, izLrj 8 i`“B 43 esa deZpkjh }kjk rF;ksa dks fl) djus ds nkf;Ro

ds lEcU/k esa rFkk NVuh dh oS/kkfudrk ds lEcU/k esa ;g vo/kkfjr fd;k gS]

“To attract provisions of Section 25-F, the workman

claiming protection under it, has to prove that there exists

relationship of employer and employee; that he is a

workman within the meaning of Section 2(s) of the Act; the

establishment in which he is employed is an industry within

the meaning of the Act and he must have put in not less

than one year of continuous service as defined by Section

25- B under the employer. These conditions are cumulative.

If any of these conditions is missing the provisions of

Section 25 –F will not be attracted. To get relief from the

court the workman has to establish that he has right to

continue in service and that his service has been terminated

without complying with the provisions of Section 25-F of

the Act.

The section postulates three conditions to be fulfilled by

an employer for getting a valid retrenchment, namely:-

(i)

one month’s clear notice in writing indicating

the reasons for retrenchment or that the

workman has been paid wages for the period of

notice in lieu of such notice;

(ii)

payment of retrenchment compensation which

shall be equivalent to 15 day’s average pay for

every completed year of continuous service or

any part thereof, in excess of six months;

(iii)

a notice to the appropriate Government in the

prescribed manner.”

ekuuh; loksZPp U;k;ky; us izLrj 10 esa ¼1980½ 4 ,l-lh-lh i`“B

443] lqjsUnz dqekj oekZ cuke lsUVªy xoZesaUV b.MLVªh;y fVªC;wuy de yscj

dksVZ esa vius iw.kZihB ds Qslys lfgr vusd Qslyksa dk mYys[k ,oa mudh

O;k[;k djrs gq, ;g vo/kkfjr fd;k gS fd ;g fl)kUr gS fd fl) djus

dk nkf;Ro deZpkjh ij gS fd og n’kkZ;s fd dfFkr NVuh dh frfFk ds Bhd

iwoZ ,d o”kZ esa mlus 240 fnu dk;Z fd;k gS vkSj ;g nkf;Ro Hkh mlh ij

gS og Loa; ds Lkk{; esa ifjf{kr djkus ds vfrfjDr lk{; izLrqr djsaA

fu.kZ; ds izLrj 18 esa ekuuh; loksZPp U;k;ky; us mYys[k fd;k gS

fd izR;FkhZ dh rjQ ls ekSf[kd lk{; ds vfrfjDr dksbZ lk{; 240 fnu dk;Z

djus ds lEcU/k esa ugha izLrqr fd;k x;k gS] u osru ;k etnwjh ds lEcU/k

esa dksbZ jlhn] ;k vfHkys[k ;k vkns’k izLrqr gS] u dksbZ lgdeZpkjh ifjf{kr

djk;k x;k] u gh fu;ksDrk }kjk izLrqr eLVj&jksy ij dksbZ [k.M+u izLrqr

fd;k x;kA

ekuuh; loksZPp U;k;ky; us ;g Hkh mYys[k fd;k gS fd ;g

vlEHko gS fd deZpkjh tks bruh yEch lsok djus dk nkok djrk gS mlds

ikl fu;ksDrk ds v/khu lsok esa yxs jgus rFkk dk;Z dh izd‘fr ds lEcu/k

esa dksbZ vfHkys[kh; lk{; ugha gksxkA ekuuh; loksZPp U;k;ky; us vo/kkfjr

fd;k fd deZpkjh us 240 fnu rd dk;Z esa layXu jgus ds rF; dks fl)

djus ds nkf;Ro dk fuokZg ugha fd;k gS ,oa fo}ku v/khuLFk U;k;ky;ksa us

fu;ksDrk }kjk 10 o”kZ dk vfHkys[k u izLrqr djus ds lEcU/k esa izfrdwy

voèkkj.kk xyr xzg.k dh gSA ekuuh; loksZPp U;k;ky; us ;g vo/kkfjr

fd;k fd izR;FkhZ dh lsok lekfIr ds iwoZ izR;Fkh dks /kkjk 25 ¼,Q½ dh

lqj{kk vFkok vuqikyu dk vf/kdkj ugha FkkA

1116

THE GAZETTE OF INDIA : MARCH 19, 2016/PHALGUNA 29, 1937

[PART II—SEC. 3(ii)]

/kkjk 25 ¼th½ ,oa 25 ¼,p½ ds vuqikyu ds lEcU/k esa ;g lk{; Fkk

fd nSfud osru Hkksxh dh lwph dk j[kj[kko vihykFkhZ }kjk ugha fd;k

tkrkA bl lEca/k esa ekuuh; loksZPp U;k;ky; us ;g vo/kkfjr fd;k gS fd

deZpkjh fu;fer lsok ds vHkko esa vihykFkhZ ls nSfud osru Hkksfx;ksa dh

ofj”Brk lwph ds j[k j[kko dh mEehn ugha dh tk ldrh gSA vfHkys[kkas dh

ekWx ij vihykFkZhZ }kjk u izLrqr fd;s tkus ij /kkjk 114 (III) ¼th½

Hkkjrh; lk{; vf/kfu;e ds vUrxZr U;k;ky; }kjk izfrdwy vo/kkj.kk xzg.k

fd;s tkus ds lEcU/k esa ekuuh; loksZPp U;k;ky; us ;g vo/kkfjr fd;k gS

,slh vo/kkj.kk xzg.k djus iwoZ U;k;ky; ds le{k deZpkjh }kjk bl ckr

dk lk{; izLrqr djuk gksxk fd dksbZ ofj”Brk lwph vfLrRo esa gS vU;Fkk

izfrdwy vo/kkj.kk xzg.k djus dh vuqrks”k ugha iznku dh tk ldrhA

U;k;ky; }kjk izfrdwy vo/kkj.kk xzg.k djus gsrq vf/kdkj iznRr gksus ds

fy, U;k;ky; dks lUrq”V gksuk vfuok;Z gS fd lk{; vfLrRo esa gS vkSj mls

fl) fd;k tk ldrk FkkA ekuuh; loksZPp U;k;ky; us rnuqlkj vihy

Lohdkj dhA

2006 lqizhe dksVZ ¼,y-,.M ,l-½] 38] lqjsUnz uxj ftyk iapk;r &

vihykFkhZ cuke ng~;kHkkbZ vej flag & izR;FkhZ esa nh x;h mDr O;oLFkk ds

voyksdu ls ;g Li”V gS fd /kkjk 114 Hkkjrh; lk{; vf/kfu;e ds vUrxZr

izfrdwy vo/kkj.kk xzg.k djus ds fy, ;g vko’;d gS fd lEcfU/kr

i{kdkj dks igys ;g n’kkZuk vko’;d gS fd foi{k ds ikl okfUNr

vfHkys[kksa dh miyC/krk gSA orZeku ekeys esa ;kph ,slk n’kkZus esa vlQy gS

vr% eSa bl fu”d”kZ ij gwa fd izkFkhZ ds i{k esa foi{kh ds fo:) izfrdwy

voèkkj.kk xzg.k djus ds fy, dksbZ fLFkfr ugha curh gSA

23-

foi{k }kjk izkFkhZ dh gkftjh ls lEcfU/kr izLrqr mifLFkfr iaftdk

dh izekf.kr QksVksizfr;ksa ds voyksdu ls Hkh bl rF; dk leFkZu ugha gksrk

gS fd izkFkhZ deZdkj fnukad 11-3-1993 ls fnukad 1-1-2003 rd

MªkbZoj&de&prqFkZ Js.kh deZpkjh ds :Ik esa dk;Z djus ds rF; dks fl) dj

ldk gSA

24-

tgka rd /kkjk 25 ,Q vkS|ksfxd fookn vf/kfu;e ds lUnHkZ esa izkFkhZ

deZdkj }kjk lsokeqfDr dh frfFk 1-1-2003 dh Bhd iwoZ dys.Mj o”kZ esa 240

fnu rd yxkrkj dk;Z fd;s tkus ds rF; dks fl) djus dk iz’u gS bl

lUnHkZ esa izkFkhZ }kjk izLrqr izek.k i= izn’kZ MCY;w 16 izklafxd gS tks

lsokeqfDRk dh frfFk ds ckn dh frfFk 8-1-2003 dks fuxZr gSA bl izek.k i=

esa ;g mYys[k gS fd izkFkhZ us foi{kh ds ;gka ikap o”kZ rd dk;kZy; esa dk;Z

fd;k gSA ;g izek.k i= l{ke vf/kdkjh }kjk fuxZr tkfgj gksrk gSA blls

bl rF; dh iqf”V gksrh gS fd lsokeqfDr dh frfFk 1-1-2003 ds Bhd iwoZ

izkFkhZ us yxHkx ikWp lky rd foi{kh ds ;gka dk;Z fd;k gS tks frfFk

1-1-1998 curh gS vkSj izkFkhZ dks izn’kZ MCY;w 15 ds ek/;e ls 10-3-98 ls

nSfud osru Hkksxh ds :Ik esa ,d ekg dh vof/k ds fy, fu;qfDr nh x;h gS

tks jfookjh; vodk’k dks NksMdj gSA foi{kh lk{kh Jh fot; flag] v/

kh{kd] fuokjd ,oa vklwpuk izdks”B dh izn’kZ MCY;w 16 dks fn[kkdj

izfrijh{kk dh x;h gS ftlesa foHkkx }kjk bls tkjh djus ds lEcU/k esa dksbZ

LIk”V bUdkj ugha fd;k x;k gSA vr% izn’kZ MCY;w 16 dks Lohdkj djus esa

dksbZ fof/kd vM+pu ugha gSA izn’kZ MCY;w 16 ds lEcU/k esa lk{kh us dgk gS

fd lk{kh ;g ugha dg ldrk fd izn’kZ MCY;w 16 mlds foHkkx }kjk tkjh

fd;k x;k gS ;k ugha D;ksafd bl ij dksbZ i=koyh la[;k bR;kfn vafdr

ugha gSA i=koyh la[;k vafdr djus dk dk;Z fyfidh; dk;Z gS ftls

lEcfUèkr fyfid }kjk u djus ls izek.k i= dks vekU; ugha fd;k tk

ldrkA foi{k }kjk izek.k i= ds lEcU/k esa LIk”V vLohd‘fr ds vHkko esa

izek.k i= izkFkhZ ds i{k eas lk{; esa xzg.k fd;s tkus ;ksX; gS D;ksafd mlds

xyr ;k QthZ gksus ds lEcU/k esa dksbZ dFku ugha fd;k x;k gS vkSj bldh

izfr foi{k dks fnukad 7-12-2010 dks izkIr djk;h x;h gSA fnukad 7-12-2010

ls vcrd foi{k }kjk bl vfHkys[k ds lEcU/k esa dksbZ izfrdwy dFku ugha

fd;k x;k gSA ;kph us izn’kZ MCY;w 16 ds lEcU/k esa izfrijh{kk esa ;g

mYys[k fd;k gS fd bls foHkkx okyksa us fn;k FkkA ;kph i{k dh rjQ ls

bl lEcU/k esa izLrqr n`“VkUr 2005 ,-vkbZ-vkj- ,l-lh-MCY;w i`“B 6103 vkj-

,e-;sy~ykV~Vh &vihykFkhZ cuke vflLVsUV ,DthD;wfVo bUthfu;j &izR;FkhZ]

izklafxd ,oa mYys[kuh; gSA

25-

2005 ,-vkbZ-vkj- ,l-lh-MCY;w i`“B 6103 vkj-,e-;sy~ykV~Vh &vihykFkhZ

cuke vflLVsUV ,DthD;wfVo bUthfu;j &izR;FkhZ esa vihykFkhZ nSfud osru

Hkksxh ds :Ik esa fnukad 26-11-88 dks fu;qDr gqvk vkSj fnuakd 20-6-94 rd

dk;Z fd;kA fnuakd 20-6-94 dks mldh lsok lekIr dj nh x;hA mldk

dguk Fkk fd fnuakd 20-6-94 ds iwoZ mlus 240 fnu rd yxkrkj lsok dh

Fkh vr% lsoklekfIr esa /kkjk 25&,Q vkS|ksfxd fookn vf/kfu;e dk

mYya?ku fd;k x;k] bl izdkj mldh lsok lekfIr voS/k NaVuh Fkh vr% mls

lsok esa iquLFkkZfir fd;k tk; rFkk lsok lekfIr dk vkns’k fujLr fd;k

tk;A foi{k }kjk oknksRrj esa ;g dgk x;k fd vihykFkhZ /kkjk 2¼,l½ dh

ifjHkk”kk ds vuqlkj ^^deZdkj^^ ugha gS vr% /kkjk 25&,Q dk ykHk ikus dk

gdnkj ugha gSA ;g Hkh dgk x;k fd foi{kh ^^flpkbZ foHkkXk^^ ^^m|ksXk^^ dh

ifjHkk”kk ls vkPNkfnr ugha gS blfy, /kkjk 25&,Q ds vuqikyu dh

vko’;drk ugha gSA lgk;d vf/k”kklh vfHk;Urk us vihykFkhZ dks bl vk’k;

dk lsok izek.k&i= tkjh fd;k Fkk fd vihykFkhZ us fnuakd 24-11-88 ls

fnuakd 20-6-94 rd lsok dh gSA Je U;k;ky; us mHk;i{k dh lquokbZ ds

ckn ;g vo/kkfjr fd;k fd vihykFkhZ ^^deZdkj^^ Fkk rFkk nSfud osru Hkksxh

ds :Ik esa fu;qDr FkkA Je U;k;ky; us ;g Hkh vo/kkfjr fd;k fd lgk;d

vf/k”kklh vfHk;Urk }kjk fnuakd 24-11-88 ls fnuakd 20-6-94 rd dh vof/k

esa ds fy, dk;Z izek.k&i= dks vfo’okl djus dk dksbZ dkj.k ugha Fkk ,oa

mDr izek.k&i= dks lk{; ls izekf.kr ekukA Je U;k;ky; us ;g Hkh ik;k

fd foi{k us egRoiw.kZ lk{; dks nck;kA Je U;k;ky; us 50 izfr’kr foxr

osru ds lkFk vihykFkhZ dks lsok esa iquLFkkZfir djus dk funsZ’k fn;k ftlds

fo:) fjV ;kfpdk ekuuh; mPp U;k;ky; }kjk fujLr dh x;hA fjV

;kfpdk esa fu.kZ; ds fo:) fjV vihy esa ekuuh; mPp U;k;ky; dh

[k.MihB us vihy Lohdkj dh vkSj ;g vo/kkfjr fd;k fd i=koyh ij

dksbZ lk{; ugha Fkk fd lsok dk izek.k&i= lgk;d vf/k”kklh vfHk;Urk }kjk

tkjh fd;k x;k Fkk rFkk foHkkx }kjk izLrqr fjdkMZ ls ;g tkfgj gqvk Fkk

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1117

fd dk;Z izek.k&i= ,d tkylkth ls rS;kj fd;k x;k vfHkys[k Fkk rFkk

izek.k&i= esa dgha mYys[k ugha Fkk fd 240 fnu dh lsok yxkrkj dh x;hA

ekuuh; [k.MihB us ;g Hkh ik;k fd vihykFkhZ }kjk fu;qfDr i= ,oa lsok

lekfIr dk i= rFkk osru izek.k&i= Hkh ugha izLrqr fd;k x;k FkkA

ekuuh; [k.MihB us ;g Hkh ik;k fd vihykFkhZ ds ,d lk{kh ds :Ik esa

vius dFku ds vfrfjDr mlds dFku dks lefFkZr djus dk dksbZ lk{;

i=koyh ij ugha FkkA ekuuh; mPp U;k;ky; dh [k.MihB ds fu.kZ; ds

fo:) vihy ekuuh; lokZsPp U;k;ky; us Lohdkj dh rFkk lgk;d

vfèk”kklh vfHk;Urk }kjk vihykFkhZ dh lsok ds lEcU/k esa izLrqr izek.k&i=

dks Je U;k;ky; }kjk fo’oluh; ekuus ds fu”d”kZ dh iqf”V dhA ;g Hkh

vo/kkfjr fd;k fd izek.k&i= dks u ekuus ds lEcU/k esa ekuuh; [k.MihB

us dksbZ dkj.k ugha fn;k gSA orZeku ekeys esa mDr n`“VkUr esa nh x;h

fof/k O;oLFkk vuqdj.kh; gS ,oa ykxw gksrh gSA mDr O;k[;k o fo’ys”k.k ds

vk/kkj ij eSa bl fu”d”kZ ij gWw fd izkFkhZ dh lsokeqfDRk /kkjk 25 ,Q ds

izkfo/kku ds mYya?ku esa dh x;h gSA foi{k bl rF; dks fl) djus esa lQy

ugha gS fd ;kph dk;Z u gksus ds dkj.k Lor% dk;Z NksM+dj pyk x;k tSlk

fd ‘kiFk&i= ds izLrj 3 esa vkSj fyf[kr cgl esa foi{k }kjk dgk x;k gSA

izkFkhZ }kjk lsok esa fu;fer djus gsrq i=koyh ij izLrqr ,oa foi{k dks

lECkksf/kr vusd izfrosnuksa dh QksVksizfr;ksa ds voyksdu ls bl rF; dks cy

ugha feyrk fd izkFkhZ Loa; dk;Z NksM+dj x;k vkSj foi{k dk bl lEcU/k esa

dFku Lohdkj djus ;ksX; ugha gSA

26-

izkFkhZ i{k dh rjQ ls izLrqr n`“VkUr 2005 ySc-vkbZ-lh- 2279

¼loksZPp U;k;ky;½] cSad vkWQ cMkSnk &vihykFkhZ cuke ?ksekjHkkbZ gjthckbZ

jcMh &izR;kFkhZ ds ekeys esa izR;FkhZ us dsUnzh; vkS|ksfxd U;k;kf/kdj.k

vgenkckn ds le{k ;g nkok izLrqr fd;k fd og vihykFkhZ cSad esa 1500

:Ik;s ekfld osru ij pkyd ds in ij fu;qDr Fkk rFkk cSad dh ml dkj

dks pykrk Fkk tks cSad ds vf/kdkjh Jh esuu dks vkoafVr FkhA mlus twu

1994 ls vDVwcj 1995 rd dk;Z fd;k ,oa mldh lsok;sa fcuk fdlh {kfriwfrZ

dh vnk;xh fd;s /kkjk 25&,Q] /kkjk 25&th ,oa /kkjk 25&,p vkS|ksfxd

fookn vf/kfu;e ds mYya?ku esa fof/k fo:) lekIr dj nh x;hA ;kph us

lEiw.kZ foxr osru ds lkFk lsok esa iquLFkkZiuk dh ;kpuk dhA cSad us izR;FkhZ

ds cSad dh lsok esa gksus ls bUdkj fd;kA cSad us ;g dFku izLrqr fd;k fd

cSad dh Ldhe ds vuqlkj dqN vf/kdkjh;ksa dks ,d dkj cSad us vkofUVr

fd;k ijUrq dkj ds fy, pkyd dh lqfo/kk ugha nh rFkk vkoafVr dkj ij

pkyd j[kus dh ftEesnkjh lEcfU/kr vf/kdkjh dh gSA ;g Hkh dgk x;k fd

lEcfU/kr vf/kdkjh ds LFkkukUrj.k ;k lsokfuo`fr ij lEcfU/kr pkyd dh

lsok Lor% lekIr gks tkrh gSA bl izdkj pkyd cSad dk deZpkjh ugha FkkA

cSad us ;g Lohdkj fd;k fd tks Hkqxrku 1500 :Ik;s ekfld vf/kdkjh us

pkyd dks fd;k mldh izfriwfrZ cSad }kjk vf/kdkjh dks dh tkrh gSA cSad

ds dFkukuqlkj ;g ;kstuk dbZ jk”Vªh;d`r cSadksa esa ykxw gS ,oa ,sls okguksa ds

pkyd lEcfU/kr vf/kdkjh ds oS;fDrRo deZpkjh gSA U;k;kf/kdj.k us ;g

ik;k fd izkFkhZ }kjk izLrqr Hkqxrku okmpj ls ;g tkfgj Fkk fd mls 1500

:Ik;s Hkqxrku osru ds en esa fd;k x;k Fkk rFkk mlus ;g Hkh lkfcr fd;k

Fkk fd mlus yxkrkj fnukad 17-7-1994 ls 10-10-95 rd lsok dh FkhA

U;k;kf/kdj.k us ;g Hkh ik;k fd cSad us ,slh dksbZ lkexzh U;k;kf/kdj.k ds

le{k ugha izLrqr dh ftlls mudh ;kstuk lkfcr gks lds ftlds lEcU/k esa

mUgksaus dgk Fkk fd mudh ;kstuk ds vUrxZr caSd vf/kdkjh dks pkydjfgr

dkj vkoafVr gksrh gS vkSj ;fn vf/kdkjh dksbZ pkyd j[krk gS rks mldh

izfriwfrZ cSad }kjk vf/kdkjh dks dh tkrh gS rFkk vf/kdkjh ds LFkkukUrj.k

vFkok lsokfuo‘fRRk ds lkFk pkyd dh lsok Lor% lekIr gks tkrh gSA

deZdkj }kjk izLrqr Hkqxrku okmpj ds fo:) Hkh cSad }kjk dksbZ [k.Mu

izLrqr ugha Fkk vr% vf/kdj.k us iapkV deZdkj ds i{k esa ikfjr fd;k

ftlds fo:) vihykFkhZ cSad dh pqukSrh ekuuh; ,dyihB ,oa [k.MihB ds

le{k vlQy gqbZA ekuuh; [k.MihB ds fu.kZ; ds fo:) vihy ekuuh;

loksZPp U;k;ky; us [kkfjt dhA ekuuh; loksZPp U;k;ky; us ;g vo/kkfjr

fd;k fd deZdkj }kjk pkyd ds :Ik esa yxkrkj 240 fnu dk;Z djus ds

rF; dks cSad }kjk bUdkj ugha fd;k x;k gS vkSj cSad }kjk crk;h x;h

;kstuk dks lkfcr djus ds fy, dksbZ lk{kh ugha izLrqr fd;k x;k FkkA mDRk

n`“VkUr ls ;kph rqylhjke ds ekeys esa dksbZ enn ugha feyrh D;ksafd ;kph

dh okLro esa ewy fu;qfDr lQkbZ dk;Z ds fy, gh gqbZ Fkh vkSj dsoy

dHkh&dHkh gh mlls pkyd dk dk;Z fu;fer pkyd ds u gksus ij fy;k

x;k gSA blls ;g ugha dgk tk ldrk fd mls pkyd dh lsok esa j[kk x;k

Fkk vkSj mls pkyd ds in ij iquLFkkZfir gksus dk gd gsSaA mDr n`“VkUr ls

izkFkhZ ds i{k esa dksbZ enn ugha yh tk ldrhA i{kdkjksa ds vfHkopuksa rFkk

mlds leFkZu esa iznr lk{; dh mDr O;k[;k ,oa fo’ys”k.k ds vk/kkj ij eSa

bl fu”d”kZ ij gWw fd ;kph deZdkj foi{kh ds ;gka **lQkbZ okyk** ds in

ij fu;qDr ,oa dk;Zjr Fkk vkSj lsokeqfDRk dh frfFk ls yxHkx ikWp o”kZ iwoZ

rd lQkbZ okyk ds in ij dk;Z djus ds rF; dks lkfcr fd;k gS vkSj bl

rF; dks fl) djus esa lQy ugha gS fd mlus fnukad 11-3-1993 ls fnukad

1-1-2003 rd MªkbZoj&de&prqFkZ Js.kh deZpkjh ds :Ik esa dk;Z fd;k gSA

27-

TkgkW rd /kkjk 25 ,Q esa mYya?ku ds ifj.kkeLo:Ik izkFkhZ deZdkj

dh lsok ls fof/k fo:) c[kkZLRkxh ds dkj.k fu;kstd ls jkgr ikus dk

iz’u gS bl lUnHkZ esa mYys[kuh; gS fd c[kkZLrxh dh frfFk ls lsok esa

iquLFkkZfir gksus dh frfFk rd pkyhl izfr’kr foxr osru ,oa lsok dh

fujUrjrk ds lkFk ;fn deZdkj dks lsok esa iquLFkkZfir fd;k tk; rks

U;k;kfèkdj.k dh jk; esa lEcfU/kr ifjfLFkfr;ksa esa ;g jkgr dh Ik;kZIr ek=k

gksxh rFkk blls U;kf;d mn~ns’; dh iwfrZ gks ldsxhA

28-

;kph }kjk ;kfpdk ds izLrj 9 esa /kkjk 25 th vkS|ksfxd fookn

vfèkfu;e ds mYya?ku dk vk/kkj Hkh fy;k x;k gS ysfdu ,slk dksbZ mYys[k

ugha fd;k x;k gS fd izkFkhZ dh rqyuk esa fdl dfu”d deZpkjh dks lsok esa

j[kk x;k vkSj izkFkhZ dks lsokeqDr dj fn;k x;kA lk{; esa izkFkhZ }kjk izLrqr

‘kiFk i= esa Hkh /kkjk 25 th ds mYya?ku ds lEcU/k esa dksbZ dFku ugha gSA

vr% eSa bl fu”d”kZ ij gWw fd izkFkhZ dh lsokeqfDr esa /kkjk 25 th dk dksbZ

mYya?ku ugha gSA /kkjk 25 ,p ds mYya?ku ds lEcU/k esa Hkh vfHkdFku fd;k

x;k gS ysfdu blds fo:) ;kph us dksbZ ldkjkRed lk{; ugha izLrqr

fd;k gSA

1118

THE GAZETTE OF INDIA : MARCH 19, 2016/PHALGUNA 29, 1937

[PART II—SEC. 3(ii)]

29-

i{kdkjksa ds vfHkopuksa rFkk mlds leFkZu esa i{kdkjksa }kjk izLrqr

izys[kh; ,oa ekSf[kd lk{; dh mDr O;k[;k ,oa fo’ys”k.k ds vk/kkj ij eSa

bl fu”d”kZ ij gWw fd ls fnukad 1-1-2003 ls v/kh{kd] dsUnzh; ukjdksfVDl

C;wjks] jktLFkku] dksVk@ v/kh{kd ¼fu-½ fuokjd ,oa vklwpuk izdks”B] dsUnzh;

ukjdksfVDl C;wjks] mn;iqj ds }kjk vius deZdkj Jh rqylh jke iq= Jh

ykywjke xesrh] nSfud osru Hkksxh lQkbZ okyk dh lsok ls c[kkZLrxh /kkjk

25 ,Q vkS|ksfxd fookn vf/kfu;e ds mYya?ku esa gksus ds dkj.k U;k;ksfpr

,oa fof/k lEer ugha gSA izkFkhZ deZdkj dks c[kkZLrxh dh frfFk ls lsok esa

iquLFkkZfir gksus dh frfFk rd pkyhl izfr’kr foxr osru ,oa lsok dh

fujUrjrk ds lkFk foi{kh dh lsok esa lQkbZ okyk ds in ij mls iquLFkkZfir

fd;k tkrk gS ,oa foi{kh dks vkfn”V fd;k tkrk gSa fd iapkV dh vf/klwpuk

izkIr gksus ds nks ekg ds vUnj izkFkhZ dks lsok esa iquLFkkZfir djsaA izkFkhZ dh

lsoklekfIr rn~uqlkj fujLr dh tkrh gSA izkFkhZ dh LVsVesUV vkQ Dyse esa

;kfpr vuqrks”k rn~uqlkj Lohdkj fd;s tkrs gSA U;k;fu.kZ;u gsrq izsf”kr funsZ’k

dk mRrj mDr izdkj fn;k tkrk gSA iapkV rn~uqlkj ikfjr fd;k tkrk gSA

30-

iapkV dh izfrfyfi dsUnzh; ljdkj dks vkS|ksfxd fookn vf/kfu;e

1947 dh /kkjk 17 ¼1½ ds vUrXkZr izdk’kukFkZ izsf”kr dh tk;A

Hkjr ik.Ms;] ihBklhu vf/kdkjh

ubZ fnYyh] 14 ekpZ] 2016

dk-vk- 543-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj ;wfu;u cSad vkWiQ

bafM;k ds izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp]

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

vf/dj.k@Je U;k;ky;] dkuiqj ds iapkV (lanHkZ la- 39@2007)

dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 14-03-2016 dks izkIr

gqvk FkkA

[la- ,y&12012@12@2007&vkbZvkj (ch&II)]

jfo dqekj] MsLd vf/dkjh

New Delhi, the 14th March, 2016

S.O. 543.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 39/2007) of the

Central Government Industrial Tribunal-cum-Labour Court,

Kanpur as shown in the Annexure in the Industrial Dispute

between the management of Union Bank of India and their

workmen, received by the Central Government on

14.03.2016.

[No. L-12012/12/2007-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE SRI SHUBHENDRA KUMAR, HJS,

PRESIDING OFFICER, CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

KANPUR

Industrial Dispute No. 39 of 2007

Between-

Smt. Kalpana w/o Kamal,

House No. 3, Mohalla Sati,

District Etawah

And

The Branch Manager,

Union Bank of India,

Branch Etawah,

Etawah.

AWARD

1.

Central Government, Mol, New Delhi vide notification

No. L-12012/12/2007-IR(B-II) dated 31.08.07, has referred

the following dispute for adjudication to this tribunal.

2.

Whether the action of the management of Union Bank

of India in refusing employment of Smt. Kalpana (part time

sweeper) w.e.f. 29.6.05, is legal and justified? If not, to what

relief the workman concerned is entitled?

3.

In short the case of the worker is that she was

appointed as sweeper by the opposite party on 07.10.97 at

Etawah Branch, Etawah, and before appointment the bank

called application supported with relevant documents

which were examined. Although the nomenclature of the

post was sweeper but she was being used to work for

whole day by the bank and apart from the work of sweeper

work of peon was also taken from her. Her services were

determined by the bank with effect from 29.06.05, without

making compliance of section 25F of the Act. It is also

alleged that she had continuously worked for more than

240 days in each calendar year from the date of her

appointment till the date of her termination of service. Her

oral termination of service is illegal inasmuch as at the time

of termination she was neither given any notice, nor notice

pay nor retrenchment compensation. Thus it has been

prayed by her that she is entitled to be reinstated in the

service of bank with full back wages continuity of service

and with all consequential benefits.

4.

The bank refuted the claim of the worker on the

ground that there remained never relationship of master

and servant between the bank and worker, she was engaged

only for some specific work for which she was compensated

as per mutually agreed terms and it is also stated that mere

engagement of any person for some specific work does

not confer upon him any legitimate right to claim regular

and permanent employment. The present matter does not

fall within the term Industrial Dispute as defined under

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1119

section 2(k) of the Act. Worker had never been subjected

for regular selection against any regular post in the bank,

therefore, no right had accrued in her favor to claim

reinstatement in the service of the bank. It has also been

denied by the bank that the worker at any point of time was

appointed as part time sweeper and she had rendered only

casual services for which she was paid by the bank. On the

basis of above it has been alleged by the bank that no right

had accrued in her favor to claim reinstatement and also

she is not entitled for any compensation as the bank had

never violated the provisions of section 25F of the Act in

the case of the worker. Therefore, the claim of the worker is

liable to be dismissed being devoid of merit.

5.

Claimant Kalpana has examined herself as w.w.1

whereas management has examined Arun Kumar Mishra

as M.W.1 the branch manager of the bank. Both the parties

have also filed documents which shall be discussed at the

appropriate stage.

6.

I have heard the representatives for both the parties

and have also perused the records.

7.

Learned representative for the management

contended that claimant Smt. Kalpana has filed this claim

petition against her termination on the ground that her

services were terminated on 29.06.05, despite she has

completed 240 days continuous service in each calendar

year from 07.10.97 that is the date of her appointment as

sweeper and she was not given any notice nor retrenchment

compensation, but the schedule of reference referred in

this case speaks otherwise i.e. whether the action of the

management in refusing employment of Smt. Kalpana (part

time sweeper) w.e.f. 29.06.05. This clearly shows that

reference is not on the subject of termination of the service

of Smt. Kalpana.

8.

It is pertinent to point out here that when the contents

of claim statement are viewed in the light of schedule of

reference order it becomes quite obvious that the claim

petition is completely contrary to the reference order and

there is no mention in the claim petition of worker that the

management ever refused her for employment and reference

order also does not speak about the termination of service

of the worker with effect 29.06.05.

9.

As such the tribunal finds that the reference order

has not been properly worded in as much as schedule of

reference order does not meet the ingredients of term

retrenchment as defined under section 2-A of the Act, as

such the worker cannot be given any relief with regard to

the present reference order.

10.

Besides this Smt. Kalpana is shown as part time

sweeper whereas in the claim statement she has pleaded

that she was appointed as sweeper on 09.10.97 and she

used to work for whole day and was performing the duties

of additional peon. As such she has shown herself as full

time sweeper against the genesis of the schedule of

reference order.

11.

Be that as it may, the claimant as w.w.1 has stated

that she was performing the duties of sweeping only and

was paid through cash vouchers. She has told age in her

statement as 30 years on the date of recording her statement

on 12.10.12 but in her cross examination she has stated to

be 30 years in 1997. It also shows that she was over age in

1997 and could not get apopointment as sweeper. She has

stated in her statement that after her removal from service

one Prem Chandra was appointed in her place but in cross

examination she has stated that she does not know whether

person by name Prem Chandra was appointed sweeper or

not. She has further stated that she has filed vouchers to

show that she has worked for more than 240 days of

continuous service preceding 12 calendar months from the

date of her termination from service.

12.

In this case worker has also summoned vouchers

which were filed by the bank which makes it clear that no

voucher is filed for the month of June 05 and by calculating

the dates it is very much clear that worker has failed to

prove that she had worked for more than 240 days of

continuous service before 12 preceding months from the

date of termination or in any year.

13.

In this regard M.W.1 Sri A K Mishra has also stated

that in his branch there was no sanctioned post of part

time sweeper and sweeping work was taken from the

persons available in the open market and management has

also filed paper no.25/1-38 as were summoned by the worker.

14.

Therefore, on the basis of above discussion, the

tribunal is of the opinion that the reference is not properly

worded so as to come it within the definition of section 2-

A of the Act i.e. retrenchment. Worker has also failed to

prove that she had worked for 240 days of continuous

service preceding 12 calendar months from the date of

termination of service i.e. 29.06.05, though the reference is

not on the subject of termination of the service of Smt.

Kalpana, therefore, she is not entitled for any relief as

claimed by her and the reference is answered accordingly

against her.

SHUBHENDRA KUMAR, Presiding Officer

ubZ fnYyh] 14 ekpZ] 2016

dk-vk- 544-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj ;wdks cSad ds

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

esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèkdj.k@Je

U;k;ky;] tcyiqj ds iapkV (lanHkZ la- 21@2000) dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 14-03-2016 dks izkIr gqvk FkkA

[la- ,y&12012@291@98&vkbZvkj (ch&II)]

jfo dqekj] MsLd vf/dkjh

1120

THE GAZETTE OF INDIA : MARCH 19, 2016/PHALGUNA 29, 1937

[PART II—SEC. 3(ii)]

New Delhi, the 14th March, 2016

S.O. 544.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 21/2000) of the

Central Government Industrial Tribunal-cum-Labour Court,

Jabalpur as shown in the Annexure in the Industrial Dispute

between the management of UCO Bank and their workmen,

received by the Central Government on 14.03.2016.

[No. L-12012/291/98-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/21/2000

Shri S.K.Bhagat,

S/o Shri Dharmraj Bhagat,

Qr. No. 2/J, Street No.14,

Sector-6 Bhilai,

Durg (MP)

...Workman

Versus

Branch Manager,

UCO Bank, Sector-I,

Kohak Branch, PO Bhilai,

Distt. Durg (MP)

...Management

AWARD

Passed on this 29th day of January 2016

1.

As per letter dated 28-12-99 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/

291/98-IR(B-II). The dispute under reference relates to:

“Whether Shri Suresh Kumar Bhagat, so called

Personal Driver is an employee of the Bank and a

workman under ID Act 1947? Whether his termination

of the services w.e.f. 9-6-97 is justified? If not, what

relief he is entitled?”

2.

After receiving reference, notices were issued to the

parties. Ist party workman submitted statement of claim at

Page 2/1 to 2/3. Case of Ist party workman is that he belongs

to SC. He was holding qualification for appointment as

Class IV employee. On 6-4-91, he submitted application to

Sr. Manager of UCO Bank for post of Driver. He was

appointed as personal driver vide order dated 6-4-91. From

6-4-91 to 9-6-97 he was working without break. While

working as Driver, he was transferred to Sr. Officer. He had

also rendered service as peon in the Bank. He was paid

salary and admissible allowance bonus and increments.

On 9-6-97, his services were terminated without notice or

giving opportunity of hearing. He raised dispute about

termination of his service. Workman reiterates that he was

continuously working from 6-4-97 to 9-6-97. Instead of

regularizing him in service, 2nd party terminated his

services in violation of Section 25-F of ID Act. he had

rendered more than 240 days continuous service in each of

the calendar year. On such ground, workman prays for

setting aside order of his termination.

3.

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

opposing claim of workman. Case of 2nd party is the

reference is not legal. Workman remained absent on 18-6-

98, 2-7-98. No information was received from him, the

conciliation proceeding was held exparte. Workman was

never in pay role of the Bank. He was personal driver of

Branch Manager. As per Bank’s guidelines, his pay was

reimbursed. As a matter of policy, the facility of Bank car

was withdrawn from certain centres. As its consequence,

the respective Branch Managers were directed to

discontinue availing reimbursement of payment towards

personal driver. Directions were also issued to ground the

vehicle. The workman was never in employment of Bank.

He remained absent. That workman is working as car driver

since 28-5-97 in Bharat Industrial work. The certificate is

issued by said company on 25-7-98. 2nd party denied that

workman Suresh Kumar Bhagat was employed as Driver

cum peon in the bank from 6-4-91 to 9-6-97. It is denied that

he was paid monthly salary, washing allowance, overtime,

bonus, festival etc. from the Bank. There is no employer

employee relationship between the parties. Workman was

not employed by the Bank. There was no question of

payment to him by Bank. That the service of workman

Suresh was personal and temporary. His termination after

withdrawal of facility in Bank’s card is legal management

has referred to copy of Bank’s circular dated 30-8-96. As

per letter by Dy.General Manager dated 27-5-98, salary

receipt of Bhilai Sector 1 branch, copy of attendance

registers, name of workman is not appearing.

4.

Workman submitted rejoinder reiterating his

contentions in statement of claim. That he was carrying

Officers from Bhopal, Calcutta visiting Bhilai. He was doing

different work in the Bank, its documents are available with

the Bank. The services were terminated on the basis of

anonymous complaint.

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 Shri Suresh Kumar

In Affirmative

Bhagat, so called Personal Driver

is an employee of the Bank and a

workman under ID Act 1947?

(ii) Whether termination of workman

In Negative

from services w.e.f. 9-6-97 is justified?

(ii) If not, what relief the workman is

As per final

entitled to?”

order.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1121

REASONS

6.

As per pleadings in Written Statement filed by the

management, workman was engaged as personal driver of

the Branch Manager. Workman filed affidavit of his

evidence supporting his contentions in statement of claim

that he was working as car driver in the Bank from 6-4-91 to

9-6-97. He was also working as peon. He was paid monthly

salary and allowance. He was given annual increments,

bonus was paid to him through A/C No. 24355/98. He was

getting dress allowance, car washing allowance, overtime

allowance, leave increments. He was doing other work in

the Bank. Record is with the Bank. He worked more than

240 days during each of the year. As per circular dated

19-10-98 on completion of 3 years service, he was eligible

for absorption in subordinate cadre. In his re-examination,

workman has proved documents Exhibit W-1 to W-3.

Management’s counsel remained absent. Workman was

not cross-examined. His evidence remained unchallenged.

7.

Management did not adduce any evidence to

substantiate its contentions.

8.

Documents Exhibit W-1 is application submitted by

workman dated 6-4-91 disclosing his age, qualification and

holding light motor vehicle driving licence. Exhibit W-2 is

order dated 6-3-91 workman was appointed as personal

driver after absorption of Driver Bahadur. The application

alongwith 8th passed marksheet was enclosed with the

order. Exhibit W-3 is certificate issued by Sr.Manager Shri

K.M.Pandey that workman was satisfactorily working as

personal driver from 6-4-91 to 9-6-97.

9.

The evidence of workman is corroborated by

document Exhibit W-1 to W-3. Workman was continuously

working from 6-4-91 to 9-6-97 as personal driver. As per the

policy of 2nd party, reimbursed salary paid to workman.

when Bank has allowed its policy, facility of car driver and

reimbursing salary of personal driver to the officer, workman

becomes the employee of the Bank though he was

appointed as personal Driver. Therefore I record my finding

in Point No.1 in Affirmative.

10.

Point No.2- Workman was continuously working with

Bank as personal driver from April 91 to June 97, documents

Exhibit W-1 to W-3 corroborates evidence of workman. His

services are terminated without notice. The copy of circular

issued by Head office dated 15-5-89 is produced. Said

circular clearly shows that the officers provided with

Bank’s car were engaging personal drivers. Circular further

clearly provides that the personal driver completing 5 years

service were eligible for absorption as subordinate staff.

The salary of personal driver was reimbursed to the officers.

The circular is also clear that it was advised that as and

when officer go on leave , the car shall continue to be with

him/ her only and he need not surrender it to nay authority

till such time he/she is required to surrender the car due to

change for his her posting or on his/ her retirement.

11.

Workman completed more than 240 days service as

personal driver. His services were terminated without

notice. Certainly there is violation of Section 25-F of ID

Act. For above reasons, I record my finding in Point No.1

in Negative.

12.

Point No.3- In view of my finding in Point No.2,

termination of service of workman is in violation of Section

25-F of ID Act is illegal, the management has not adduced

evidence. The evidence of workman remained

unchallenged. Workman as working as personal driver from

6-4-91 to 9-6-97. Reasons for his termination from service

are not established by cogent evidence. Therefore claim of

workman for reinstatement deserves to be allowed. The

affidavit of evidence of workman is silent about what he

was doing after termination of his service. Considering

above aspects, the workman deserves to be reinstated with

25 % back wages. Accordingly I record my finding in Point

No.3.

13.

In the result, award is passed as under:-

(1)

Workman Suresh Kumar Bhagat is employee of the

Bank. Action of management terminating his service

on 9-6-97 is not legal.

(2)

Management is directed to reinstate workman with

continuity of service and 25 % 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

ubZ fnYyh] 14 ekpZ] 2016

dk-vk- 545-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj cSad vkWiQ cM+kSnk

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

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

vfèkdj.k@Je U;k;ky;] tcyiqj ds iapkV (lanHkZ la- 32@09) dks

izdkf'kr djrh gS tks dsUnzh; ljdkj dks 14-03-2016 dks izkIr

gqvk FkkA

[la- ,y&12012@82@2008&vkbZvkj (ch&II)]

jfo dqekj] MsLd vf/dkjh

New Delhi, the 14th March, 2016

S.O. 545.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 32/09) of the Central

Government Industrial Tribunal-cum-Labour Court,

Jabalpur as shown in the Annexure in the Industrial Dispute

between the management of Bank of Baroda and their

workmen, received by the Central Government on

14.03.2016.

[No. L-12012/82/2008-IR (B-II)]

RAVI KUMAR, Desk Officer

1122

THE GAZETTE OF INDIA : MARCH 19, 2016/PHALGUNA 29, 1937

[PART II—SEC. 3(ii)]

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/32/09

Shri Balram S/o Mayaram Burane,

29, Marimata Chouraha,

Distt. Indore

...Workman

Versus

Asstt. General Manager,

Bank of Baroda,

Regional Office,

Ganga Jamuna Complex,

Plot No.202, MP Nagar Zone-I,

Bhopal (MP)

...Management

AWARD

Passed on this 19th day of January, 2016

1.

As per letter dated 25-2-09 by the Government of

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

received. The reference is made to this Tribunal under

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

82/2008-IR(B-II). The dispute under reference relates to:

“Whether the claim of the workman that he has

completed 240 days of services in a calendar year,

his services were terminated w.e.f. 24-4-04 without

following the procedure of Industrial Dispute Act,

1947 and he should be reinstated by the management

of Bank of Baroda is legal and justified? What relief

the concerned workman is entitled to?”

2.

After receiving reference, notices were issued to the

parties. Workman submitted statement of claim dated

27-1-2010. Case of Ist party workman is that he was

appointed as peon on 25-9-96, he was continuously

working as peon till 3-1-97. He was paid wages Rs. 48 per

day. He was not paid minimum wages. He was working in

Navlakha branch from 3-6-96 to 24-4-04. He was paid R. 90

per day. His services were orally terminated on 24-4-04. In

para 3 of his statement of claim, workman has shown his

working days 84 days during 1996, 42 days in 1997, 210

days in 1998, 280 days in 1999, 280 days in 2000, 280 days

in 2001, 2002, 337 days in 2003. 98 days till April 2004.

3.

Workman reiterates that he completed more than

240 days continuous service. His services were terminated

without notice in violation of Section 25-F of ID Act,

retrenchment compensation was not paid to him. After

termination of his service, he is not in employment. On

such ground, workman prays for his reinstatement with

backwages.

4.

2nd party management filed Written Statement

opposing claim of workman. 2nd party submits that

workman was engaged for the work of arranging record.

from 11-10-96 to 3-1-97, he was also engaged for the work

of supplying drinking water. He was paid Rs.40 per day.

Workman was not appointed following recruitment rules

as per the regulations. The engagement of workman on

daily wages was ending at end of the day. Workman was

engaged as staff gap arrangement. He is not entitled to

regular appointment. Workman was not interviewed. That

employment in Bank is covered under Article 16 of the

constitution. Workman is not entitled to any relief. On such

ground, 2nd party prays that reference be answered in its

favour.

5. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:-

(i) Whether the claim of the workman

Termination of

that he has completed 240 days of

workman is not

services in a calendar year, his

in violation of

services were terminated w.e.f.

Section 25-F

24-4-04 without following the

of ID Act.

procedure of ID Act is proper

and legal?

(ii) If not, what relief the workman is

Workman is

entitled to?”

not entitled to

any relief.

REASONS

6.

After reference, statement of claim is filed by

workman. management of 2nd party filed Written Statement

opposing claim of workman. Workman has failed to

participated in reference proceeding. He has not adduced

any evidence to substantiate his claim. There is no

evidence to support claim of workman that he worked

more than 240 days during any of the calendar year.

Management has also not adduced any evidence. As claim

of workman is not substantiated by evidence, I record my

finding in Point No.1 in Negative.

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

(1)

Workman has not completed 240 days continuous

service.

(2)

He is not entitled to any relief.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 14 ekpZ] 2016

dk-vk- 546-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj lsaVªy cSad vkWiQ

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

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

vfèkdj.k@Je U;k;ky;] dkuiqj ds iapkV (lanHkZ la- 26@2011)

dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 14-03-2016 dks izkIr

gqvk FkkA

[la- ,y&12011@40@2010&vkbZvkj (ch&II)]

jfo dqekj] MsLd vf/dkjh

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1123

New Delhi, the 14th March, 2016

S.O. 546.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 26/

2011) of the Central Government Industrial Tribunal-cum-

Labour Court, Kanpur as shown in the Annexure in the

Industrial Dispute between the management of Central

Bank of India and their workmen, received by the Central

Government on 14.03.2016.

[No. L-12011/40/2010-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE SRI SHUBHENDRA KUMAR, HJS,

PRESIDING OFFICER, CENTRAL

GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-

LABOR COURT, KANPUR

Industrial Dispute No. 26/2011

Between-

The General Secretary in the

case of (Milap Chandra),

Central Bank Employees Congress,

MIG C-1241, Rajaji Puram,

Lucknow

And

Regional Manager,

Central Bank of India,

Regional Office,

372/18-B, Gwalior Road,

Jhansi 284001

AWARD

1.

Central Government, Mol, New Delhi vide notification

no.L-12011/40/2010-IR(B-II) dated 11.05.2011, has referred

the following dispute for adjudication to this tribunal.

2.

Whether the action of the management of Central

Bank of India, Jhansi in not releasing promotion to Sri Milap

Chand CTO posted at Bara Bazar is just & proper? What

relief the concerned workman is entitled to?

3.

In short the case of the union on behalf of the worker

is that while posted at the post of CTO at Bara Bazar Branch,

Jhansi, he appeared in promotional examination for the post

of JMGS-1 in the year 2006 and he was declared successful

and after conducting interview the worker was promoted

at the post of officer. The bank instead of relieving the

worker to join the post served upon him charge sheet dated

04.09.2006. On the basis of inquiry he was awarded

punishment of recovery of an amount of Rs.16000/- and

the appeal against the punishment was maintained by the

appellate authority. It is alleged that order to recover the

amount do not fall within the definition of punishment

according to the provisions of various settlements. In this

way the worker is not connected with any misconduct and

lastly it is prayed by the worker that the action of the

opposite party be declared as unjust and unfair and he be

held entitled to be promoted with effect from 2006.

4.

Management has filed the reply against the claim

petition of the worker denying all the allegations. It is

pleaded that after receipt of a complaint from the account

holder Smt. Urmila, the concerned worker was issued a

memo and opportunity was granted to him to submit his

reply and the reply of the worker was not found satisfactory

by the competent authority. Smt. Urmila filed a complaint

against the worker and Sri B K Gautam before Consumer

Forum Jhansi, regarding illegal withdrawal of R.46000/- from

the account and after hearing the both parties an order

dated 12.10.06 has been passed against bank with direction

that the bank is free to recover directed amount from the

concerned employees. An appeal against this order was

also filed before the Appellate Forum wherein by interim

order the impugned order was stayed with direction to

deposit Rs.46000/- before the Consumer Forum Jhansi.

Lastly it is pleaded that gross misconduct has been proved

against the worker therefore, he is not entitled for his

promotion etc. as claimed by him. Accordingly his claim is

liable to be rejected.

5.

By paper no.10/1 authorised representative for the

worker has filed 9 papers. The bank by paper no.17/1 has

filed one paper. By paper no.19, the bank has also filed

certified copies of the decision of District Consumer Forum

and Appellate Forum.

6.

Worker has not adduced evidence and his evidence

was closed therefore, learned representative for the

management has also endorsed on order sheet that there is

no need to adduce any oral evidence on behalf of the bank.

7.

I have heard the arguments of the parties at length

and have also gone through the entire records of the case.

8.

It is not at all in dispute that Smt. Urmila an account

holder of the bank had filed a complaint before the District

Consumer Forum and the said case was decided in her

favor and against the worker. The worker has also preferred

an appeal before the impugned order of the District

Consumer Forum before Appellate Forum and the appeal

so filed by the worker was dismissed by order dated nil

being devoid of merit.

9.

As worker has not adduce any evidence to establish

that inquiry conducted by the management is not just

proper and fair as such his contention against the inquiry

is not proved.

10.

Therefore, considering the overall matter available

on the record I do not consider it fit to disturb the order of

the disciplinary authority as upheld by the appellate

authority.

1124

THE GAZETTE OF INDIA : MARCH 19, 2016/PHALGUNA 29, 1937

[PART II—SEC. 3(ii)]

11.

Accordingly it is held that he action of the

management as referred to in the schedule of reference

order is just fair and proper and needs no interference.

12.

Therefore, the worker / union is not entitled for any

relief pursuant to the reference order.

SHUBHENDRA KUMAR, Presiding Officer

ubZ fnYyh] 14 ekpZ] 2016

dk-vk- 547-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj iatkc uS'kuy cSad

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

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

vfèkdj.k@Je U;k;ky;] dkuiqj ds iapkV (lanHkZ la- 25@2013)

dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 14-03-2016 dks izkIr

gqvk FkkA

[la- ,y&12011@91@2012&vkbZvkj (ch&II)]

jfo dqekj] MsLd vf/dkjh

New Delhi, the 14th March, 2016

S.O. 547.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 25/2013) of the

Central Government Industrial Tribunal-cum-Labour Court,

Kanpur as shown in the Annexure in the Industrial Dispute

between the management of Punjab National Bank and

their workmen, received by the Central Government on

14.03.2016.

[No. L-12011/91/2012-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE SRI SHUBHENDRA KUMAR, HJS,

PRESIDING OFFICER, CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOR COURT,

KANPUR

Industrial Dispute No. 25/2013

Between-

The General Secretary in the

case of (Ashok Kumar Jaiswal),

U.P. Bank Karamchari Sangh,

45-A Chander Nagar, Lal Bangla,

Kanpur.

And

Deputy General Manager,

Punjab National Bank,

Circle Office,

Birhana Road,

Kanpur.

AWARD

1.

Central Government, Mol, New Delhi vide notification

no.L-12011/91/2012-IR(B-II) dated 07.03.2013, has referred

the following dispute for adjudication to this tribunal.

2.

Whether the action of the management of Punjab

National Bank Kanpur in debarring Sri Ashok Kumar Jaiswal

for officiating as special assistant officer till 23.12.12 and

allowing officiating to others on same grounds is just fair

and legal? What relief the workman concerned is entitled

to?

3.

After receipt of reference order several notices

through registered post were sent to the union raising the

dispute but neither union put in appearace in the case nor

filed claim petition. Union was also provided with sufficient

opportunity in this regard but the union failed to avail the

opportunity. Therefore, it appears that the union is not

interested in prosecuting his case as such the reference is

liable to be answered against the union for want of pleading

and proof.

4.

Accordingly reference is decided against the union

holding that the union is not entitled for any relief what so

ever in the absence of pleading and proof.

SHUBHENDRA KUMAR, Presiding Officer

ubZ fnYyh] 14 ekpZ] 2016

dk-vk- 548-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj cSad vkWiQ cM+kSnk

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

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

vfèkdj.k@Je U;k;ky;] dkuiqj ds iapkV (lanHkZ la- 25@2008)

dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 14-03-2016 dks izkIr

gqvk FkkA

[la- ,y&12012@105@2007&vkbZvkj (ch&II)]

jfo dqekj] MsLd vf/dkjh

New Delhi, the 14th March, 2016

S.O. 548.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 25/2008) of the

Central Government Industrial Tribunal-cum-Labour Court,

Kanpur as shown in the Annexure in the Industrial Dispute

between the management of Bank of Baroda and their

workmen, received by the Central Government on

14.03.2016.

[No. L-12012/105/2007-IR (B-II)]

RAVI KUMAR, Desk Officer

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1125

ANNEXURE

BEFORE SRI SHUBHENDRA KUMAR,

PRESIDING OFFICER HJS, CENTRAL

GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-

LABOR COURT, KANPUR

Industrial Dispute No. 25/2008

Between-

Sri Mohd. Wazid,

S/o Sri Mohammad Mustafa,

R/o ED-24 ADA Colony,

Naini,

Allahabad.

And

The Assistant General Manager,

Bank of Baroda,

Regional Office,

Civil Lines,

Allahabad.

AWARD

1.

Central Government, Mol, New Delhi vide notification

no.L-12012/105/2007 I.R. B-II, dated 07.01.2008, has referred

the following dispute for adjudication to this tribunal-

2.

Whether the action of the management of Bank of

Baroda, in terminating the services of Sri Mohd. Wazid

Messenger, with effect from 04.11.2006 is justified and legal?

If not to what relief the concerned workman is entitled to?

3.

Brief facts are –

4.

It is stated by the claimant that the Naini Branch,

Allahabad of the opposite party is under the control and

supervision of Assistant General Manager, Bank of Baroda

and he started working at the post of Messenger with effect

from April, 2000. It is further stated by the claimant that the

branch manager of the Naini Branch Allahabad, without

any reason of ryhm stopped the workman from his work on

verbal orders with effect from 04.11.2006. No notice, notice

pay or retrenchment compensation was offered to the

workman by the opposite party at the time of dispensation

of his services. He has further alleged that in each calendar

year he had rendered for more than 240 days of service.

During the period of his employment with the opposite

party neither there was any complaint against the workman

nor was he ever issued any charge sheet. It is alleged that

at the time of dispensation of the service of the workman

juniors to him were working at the branch that are still in

the employment of the bank. After dispensation of his

service the workman made repeated requests oral as well

as in writing for his employment before the management

but all the times he was verbally assured by the concerned

authorities of the bank but no written reply was ever given

to him by the bank.

5.

It is alleged by the workman that the dispensation

of his services by the opposite party is wholly illegal and

improper. The entire action of the opposite party is against

the provisions of the Act. After termination of his services

the workman could not get any employment despite of his

best efforts and he is unemployed.

6.

In the last on the basis of above it has been prayed

by the workman that he is entitled to be reinstated in the

service of the bank with continuity, full back wage and

with all consequential benefits.

7.

The opposite party has filed the reply refuting the

entire claim of the workman on the ground that the opposite

party bank is a public sector nationalized bank and is having

its own recruitment rules and no person can be allowed to

seek the employment without qualifying the recruitment

process.

8.

It is alleged by the opposite party that the workman

was engaged purely on temporary basis to meet the

exigencies as and when required. His engagement was for

a specific work and for a specific period and the work

entrusted to him when completed his engagement

automatically came to an end and non renewal of the same

is not retrenchment. As the workman was a daily wager

hence the question of termination of his service or

compliance of provisions of section 25 F of the Act does

not arise.

9.

The workman was engaged intermittently during the

period from 06.05.2000 to 08.09.2004, purely on casual basis

therefore, there does not exist any cause of action or alleged

termination on 04.11.2006. He is not a workman as defined

under section 2(s) of the Act. Workman has not worked

continuously for 240 days in any calendar year; therefore,

the workman is not entitled for any relief.

10.

The workman was never the employee of the bank

because he was neither appointed by the bank on any

regular post, therefore, the claim of the workman is not

maintainable and he is not entitled for any relief.

11.

Rejoinder has also been filed by the workman but

nothing new has been alleged therein.

12.

Worker Mohd. Wazid has examined himself as w.w.1

and management examined Ram Palat as M.W.1 and Sri

Manglesh Dubey as M.W.2.

13.

Both the parties have filed documents which will be

discussed at the appropriate stage.

14.

After hearing both the parties my predecessor has

passed an award on 31.12.13 against the workman with the

observation that the worker has failed to prove his

continuous working of 240- days.

15.

Aggrieved by the award worker ha preferred writ (C)

no.46759 of 14 before the Hon’ble High Court Allahabad,

Mohd. Wazid versus Presiding Officer and others which

1126

THE GAZETTE OF INDIA : MARCH 19, 2016/PHALGUNA 29, 1937

[PART II—SEC. 3(ii)]

was decided by the Hon’ble High Court vide order dated

23.2.15 and the award of the tribunal was set aside and the

matter was remitted to the tribunal to decide it afresh

according to law.

16.

I have heard the parties representatives at length

and have also examined the record carefully.

17.

A perusal of the judgment dated 23.2.14 of the

Hon’ble High Court reveals that the writ was decided after

hearing counsel of the petitioner and none appeared on

behalf of respondents. Hon’ble High Court has held that

the worker has moved an application dated 26.10.09 before

this tribunal for summoning certain documents. Despite

moving of application by the worker documents were not

summoned. It has been further held by the Hon’ble Court

that the petitioner has pressed his application for

summoning of records. However. Respondent no.1 did not

pass any orders on the said application. It was also held

that the respondent no.1 should have directed the

management to produce the records in evidence.

18.

It appears from the records of this case that the worker

has moved application for summoning of certain

documents from the management on 26.10.09 against which

management filed objection. The application for summoning

the records was decided by predecessor on 25.08.10 in

favor of the worker and management was directed to file

payment scroll register for the year 2005-06 and vouchers

for the period 2003-04. Considering the fact that the

management has only filed some vouchers and did not file

payment scroll register my predecessor has passed a

detailed order on 02.08.11 observing that proper inference

will be drawn at the time of arguments if any malafide is

found and fixed a date for recording evidence of the parties.

19.

Perhaps that these facts were not brought to the

notice of the Hon’ble High Court by the counsel of the

petitioner or rather wrong facts were placed before the

Hon’ble Court that summoning application has not been

decided by the tribunal while from the discussion it is clear

that summoning application of the worker was decided by

my learned predecessor in favor of the worker and when

the management failed to file payment scroll register my

predecessor has passed a specific order for taking proper

inference to the time of arguments, if any malafide is found.

20.

Now coming to the merit of the case it has to be seen

whether worker has been able to prove his case and further

it is also to be seen whether non filing of payment scroll

register any prejudice has been caused to the worker.

21.

Briefly, the case of the worker is that he started on

the post of messenger w..f. April 04 at Bank’s Nani Branch

at Allahabad under the control and supervision of Assistant

General Manager, Bank of Baroda and the branch manager

of Naini Branch, Allahabad without any reason stopped

worker to work and terminated his services orally. He was

not paid any retrenchment compensation or notice. While

management in its reply refuted the entire claim of the

worker and alleged that the worker was engaged

temporarily to meet the exigencies as and when required.

His engagement was for specific work and for specific

period and work was entrusted to him and when it was

completed his engagement automatically came to an end.It

is further alleged that the worker was engaged

intermittently during the period from 06.5.2000 to

08.09.04 purely on casual basis, therefore, there does not

exist any relationship of employer and employee between

the bank and the worker and also there dos not exist any

cause of action or alleged termination on 04.11.06. He is

not a workman nor has ever work for 240 days of

continuous service in any calendar year.

22.

Worker Mohd. Wazid in his evidence has deposed

different version by stating that he was appointed in the

bank at Naini Branch on 24.4.2000 as peon but was not

given any appointment letter. He has worked in the bank

till November 06 continuously. It is strange tht the worker

has not disclosed the mode of payment of wages in his

claim petition and for the first time in his evidence he has

alleged that he was being paid his wages through voucher

which were entered in payment scroll register. Bank has

not furnished payment scroll register in the tribunal on his

demand. He has admitted his signatures on the vouchers

filed by the management paper no. 15/2-11. He further

alleged that at the time of his termination he was receiving

at the rate of Rs.1200 or 1300 per month.

23.

In his cross examination he has deposed that he has

not given any application for his appointment nor was

interviewed nor is getting any benefit as is admissible to

the regular and permanent employees of the bank. He has

further admitted that he has not filed any document to

show his continuous working from 24.4.2000 to Nov. 06.

He had worked continuously for 240 days in every year

but has not filed any documentary evidence. He has further

admitted that he has not filed any documents to show his

working from 9.9.04 to November 06. His attendance was

not taken in bank. Firstly he was paid his wage weekly on

daily basis and thereafter after 15 days. Worker has filed

paper no.8/3-7 through list 8/1 wherein it is shown that it is

photocopy of saving bank pass book in which entries of

receiving wages through cheque are entered but this fact

has not been disclosed either in claim petition nor this

photocopy[py of pass book is proved by worker in his

evidence. Moreover by perusal of this pass book it reveals

that this paper is fake as no number of account is shown in

pass book and on paper no.8/4 only entries of withdrawal

are mentioned and on paper no. 8/5-6 only entries of

deposits are mentioned and on paper no.8/7 only entries of

balance are mentioned and on this paper 5 last entries

shown in correct figures which create a doubt that pass

book furnished by worker is a fake paper. As he has stated

in his evidence that he was receiving his payment through

vouchers it cannot be believed that simultaneously worker

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 19] 2016@iQkYxqu 29] 1937

1127

will receive his wages through cheque also. Worker has

also filed copies of vouchers which are pap-er no.8/9-12 of

different dates from 2001 to 2005 and also admitted vouchers

filed by the bank which makes it clear that worker was

receiving payment through vouchers only. Worker has also

filed vouchers of different dates which are paper no.8/16-

31. I all these vouchers the signature of the worker is

appearing on the back of it. A perusal of all these clearly

establishes that the worker was never paid any amount of

wages. These voucher related to the payment of different

work like stationery charges, sundry charges and repairs

etc. Worker has not filed any voucher to show that he had

received any payment of wages through vouchers.

Therefore, under these circumstances the version of the

management is acceptable that worker was engaged for

intermittent period only purely on temporary basis to meet

the exigencies of work as and when required.

24.

In this regard management examined two witnesses

M.W.1 Ram Palat and M.W.2 Manglesh Dubey.

25.

M.W.2 has stated that during his working period

from 21.07.98 to August 05 as cashier worker was taken

work of bringing stationery and for other work as and when

required. He has not worked for 240 days in any calendar

year and after 8.9.04 his services were not utilized for any

work as daily wager.

26.

M.W.1 Ram Palat has stated that he was posted in

bank from 24.05.06 to 14.08.09 and during his posting he

came to know that Mohd. Wazid was never appointed by

the bank and his services were taken for bridging stationery

and supplying water to the staff and customer of the bank

and he was engaged for intermittent period and has never

worked for 240 days in any calendar year. Worker has also

admitted in his cross examination that he has not filed any

documentary evidence to show his continuously working

from 24.04.2000 to Nov.06.

27.

Learned representative for management has argued

that payment scroll register could not be traced out and

filed before the tribunal. He further contended that as

worker has admitted to have received wages through

vouchers therefore, worker could not get any benefit if

management would have filed payment scroll register. He

further impressed that in entries in payment scroll registered

are entered only where cash payments are made after issue

of token and there cannot be any entry of amount paid

through vouchers. Therefore, the tribunal is of the view

non filing of payment scroll register is not fatal on the case

of the management and also no prejudice is caused to

worker.

28.

From the above discussions, tribunal is of the view

that the worker hs palpably failed in establishing is

continuous working of 240 ays in any calendar year.

Therefore, he is not entitled for any relief.

29.

Reference is therefore, decided against the workman

and in favor of the management.

SHUBHENDRA KUMAR, 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.