1246 GI/2016

(1129)

fons'k ea=kky;

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

(4) ds vuqlj.k esa] fons'k ea=kky; ds v/huLFk dk;kZy; ¶{ks=kh;

ikliksVZ dk;kZy;] cjsyh¸ dks] ftlds 80 izfr'kr ls vf/d

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djrh gS A

¹la- D;w@¯gnh@621@18@2015º

gjds'k ehuk] mi funs'kd (jk-Hkk-)

MINISTRY OF EXTERNAL AFFAIRS

New Delhi, the 16th March, 2016

S.O. 549.—In pursuance of sub-rules (4) of Rule 10 of

the Official Languages (Use for the Official Purpose of the

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- 13]

ubZ fnYyh] ekpZ 20—ekpZ 26] 2016] 'kfuokj@iQkYxqu 30] 1937—pS=k 6] 1938

No. 13]

NEW DELHI, MARCH 20—MARCH 26, 2016, SATURDAY/PHALGUNA 30, 1937—CHAITRA 6, 1938

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)

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

the Subordinate Office “Regional Passport Office, Bareli”

of the Ministry of External Affairs the 80% staff whereof

have acquired working knowledge of Hindi.

[No. Q/Hindi/621/18/2015]

HARKESH MEENA, Dy. Director (OL)

Hkkjh m|ksx vkSj yksd m|e ea=kky;

(Hkkjh m|ksx foHkkx)

(,bZvkbZ vuqHkkx)

ubZ fnYyh] 16 ekpZ] 2016

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3403(v) }kjk Hkkjr ds jkti=k esa izdkf'kr Hkkjh m|ksx foHkkx

}kjk tkjh vkns'k ds Øe esa l{ke izkf/dkjh us vkWVkseksckby vkSj

lac¼ m|ksx fodkl ifj"kn~ (Mhlh,,vkbZ) ds lnL;ksa ds fu;qfDr

1130

THE GAZETTE OF INDIA : MARCH 26, 2016/CHAITRA 6, 1938

[PART II—SEC. 3(ii)]

ds dk;Zdky dks vkSj ,d o"kZ dh vof/ vFkkZr~ 19 vxLr] 2015

ls 18 vxLr] 2016 rd ds fy, c<+k fn;k gS A

¹iQk- la- 7(6)@2007&,bZvkbZ (3888)º

vt; dqekj xkSM+] voj lfpo (,bZvkbZ)

MINISTRY OF HEAVY INDUSTRIES AND PUBLIC

ENTERPRISES

(Department of Heavy Industry)

(AEI SECTION)

New Delhi, the 16th March, 2016

S.O. 550.—In continuation of order issued by

Department of Heavy Industry as published in the Gazette

of India vide S.O. 3403(E) dated 19th August 2013, the

competent authority has further extended the tenure of

appointment of members of the Development Council for

Automobile & Allied Industries (DCAAI) for a period of

another one year i.e. from 19th August, 2015 to

18th August, 2016.

[F. No. 7(6)/2007-AEI (3888)]

AJAY KUMAR GAUR, Under Secy. (AEI)

Je ,oa jkstxkj ea=kky;

ubZ fnYyh] 16 ekpZ] 2016

dk-vk- 551-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj vky bafM;k

jsfM;ks izlkj Hkkjrh ,aM vnlZ 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;&1] fnYyh

ds iapkV (lanHkZ la- 171@2015) dks çdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 16@03@2016 dks çkIr gqvk FkkA

¹la- ,y&42011@77@2015&vkbZvkj (Mh;w)º

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

MINISTRY OF LABOUR AND EMPLOYMENT

New Delhi, the 16th March, 2016

S.O. 551.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 171/

2015) of the Central Government Industrial Tribunal-cum-

Labour Court No. 1, Delhi now as shown in the Annexure

in the Industrial Dispute between the employers in relation

to the management of the All India Radio, Prasar Bharti

and Others and their workmen, which was received by

the Central Government on 16/03/2016.

[No. L-42011/77/2015-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

IN THE COURT OF SHRI AVTAR CHAND DOGRA,

PRESIDING OFFICER, CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

NO.1, DELHI

ID No. 171/2015

Shri Aneesh & 11 others,

Through Bhartiya Bhawan

Nirman Labour Union,

H-II/1,2, Main Road Tigri( DSIDC),

New Delhi 110 062

...Workman

Versus

1.

Civil Construction Wing,

All India Radio, Prasar Bharti,

Soochna Bhawan, CGO Complex,

Lodhi Road, New Delhi 110 003

2.

M/s Era Infra Engineering Ltd.,

C-56/41, Sector 62, NOIDA

Gautam Budh Nagar,

Uttar Pradesh 201 309

3.

Shri Munif, Sub-contractor,

M/s Era Infra Engineering Ltd.,

C-56/41, Sector 62, NOIDA

Gautam Budh Nagar,

Uttar Pradesh 201 309

...Managements

AWARD

Central Government, vide letter No.L-42011/77/2015-

IR(DU) dated 21.07.2015, referred the following industrial

dispute to this Tribunal for adjudication:

“Whether termination of Shri Aneesh & 11 others (list

enclosed with original application ) without compliance of

provisions of Industrial Disputes Act by Era Infra

Engineering Ltd.,/Mr.Munif (Sub-Contractor) is just, fair

and legal? If not what relief the workmen concerned are

entitled to?

2.

In the reference order, the appropriate Government

commanded the parties to the dispute to file statement of

claim, complete with relevant documents, list of reliance

and witnesses with this Tribunal within 15 days of receipt

of the reference order and to forward a copy of such

statement of claim to the opposite parties involved in the

dispute. Despite directions so given, claimants opted not

to file their claim statement with the Tribunal.

3.

On receipt of the above reference, notice was sent

to the claimants as well as the management at the address

provided by the appropriate Government. Notice was again

sent to the claimant. However, the postal articles sent to

the claimants were received back on both the occasions

with the remarks ’No such Address’ and ‘Left’. Hence,

this Tribunal is left with no other option, except to pass a

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 26] 2016@pS=k 6] 1938

1131

‘No Dispute/Claim’ award. Let this award be sent to the

appropriate Government, as required under Section 17 of

the Industrial Disputes Act, 1947, for publication.

Dated : March 2, 2016

A.C. DOGRA, Presiding Officer

ubZ fnYyh] 16 ekpZ] 2016

dk-vk- 552-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj iksLV ekLVj

tujy ukFkZ fcgkj l£dy ds çcaèkra=k ds lac¼ fu;kstdksa vkSj

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

vkS|ksfxd vfèkdj.k] iVuk ds iapkV (lanHkZ dsl la- 17 (lh)@2014)

dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 03@03@2016 dks çkIr

gqvk FkkA

¹la- ,y&40011@78@2013&vkbZvkj (Mh;w)º

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

New Delhi, the 16th March, 2016

S.O. 552.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. Case No.

17(C) of 2014) of the Industrial Tribunal, Patna now as shown

in the Annexure in the Industrial Dispute between the

employers in relation to the management of the Post Master

General, North Bihar Circle and their workmen, which was

received by the Central Government on 03/03/2016.

[No. L-40011/78/2013-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE PRESIDING OFFICER, INDUSTRIAL

TRIBUNAL, PATNA

Reference Case No. 17 (C) of 2014

04 of 2014

The management of Post Master General, North Bihar

Circle, Muzaffarpur and their workman National Life

Insurance Employees Association through Sri B.N.P.

Srivastava, General Secretary, J.P. Colony, Chandwara,

Muzaffarpur, Bihar.

For the management

:

Sri Nagdeo Paswan, Public

Relation Inspector (Postal),

Head Post Office, Muzaffarpur

(Bihar )

Sri Sone Lal Ram, Public

Relation Inspector ( Postal

Asst.), Head Post Office,

Muzaffarpur (Bihar )

For the workman

:

Sri B.N.P. Srivastava, General

Secretary

Present

:

Bipin Dutta Pathak, Presiding Officer,

Industrial Tribunal, Patna.

AWARD

Patna, the 24th February, 2016

By notification order No. L-40011/78/2013-IR(DU)

New Delhi, dated- 06.02.2014 Govt. of India, Bharat Sarkar

Ministry of Labour/Shram Mantralaya, New Delhi referred

under clause (d) of sub-section (1) and sub-section (2A)

of section-10 of the Industrial Dispute Act, 1947

(hereinafter to be referred to as ‘the Act’) the following

dispute between The management of Post Master General,

North Bihar Circle, Muzaffarpur and their workman

National Life Insurance Employees Association through

Sri B.N.P. Srivastava, General Secretary, J.P.Colony,

Chandwara, Muzaffarpur, Bihar for adjudication to the

Cent. Govt. Indus. Ttribunal-cum-Labour Court No.-2,

Dhanbad. However, in the light of Govt. of India,// Bharat

Sarkar Ministry of Labour/Shram Mantralaya, New Delhi,

letter vide order no.- Z-25025/4/2014-CLS-II dated- 07th

May, 2014 the Cent. Govt. Indus. Ttribunal-cum-Labour

Court No.-2, Dhanbad transferred this Industrial Dispute

vide letter no.- LCT/2014/902 dated- 15 Septemebr, 2014 to

State Industrial Tribunal, Patna.

SCHEDULE

“Whether the workman has earned right of

absorption having been enegaged for a considerable

period of time regularly even though on daily wages?

And whether the management of Post Master

General, Northern Region should give him a

permanent regular employees status with immediate

effect?

2.

Written statement has been filed on behalf of the

workman stating therein workman concerned, Sri Umesh

Kumar has been and is in continuous service under the

respondent at its Head Post Office, Muzaffarpur since

December 1999 against permanent perennial vacant post

of Sweeper, on daily wage basis. There has been never

been any complain, whatsoever it may be, against him and

his discipline, conduct, working culture and work

knowledge, etc, rather all these have all along been

appreciable at all times upto the entire satisfaction of all

concerned. Sri Kumar’s deals and performance, as a token

of recognition, the then Senior Post Master granted

temporary status to three such daily wager workmen

including this concerned workman Sri Umesh Kumar, vide

order no.- Sr. P.M./Misc/2002, dated- 09.08.2002. Document

has been annexed with written statement and in serial no.-

1 serial no.- 4 one workman was immediately given the

temporary status; whereas 2 workmen including the

concerned workman, Sri Kumar, were not offered the same,

as yet, for the reason best known to the respondent and

for certain undue considerations. The concerned workman

has been requested representing before the authorities

1132

THE GAZETTE OF INDIA : MARCH 26, 2016/CHAITRA 6, 1938

[PART II—SEC. 3(ii)]

concerned from time to time to make his services

permanent, but in vain. Representations has been enclosed

with the written statement.

This weakest section of the workman has had to

knock the door of Labour Forum, wherein also the

respondent did not come to a judiciously justified and

reasonable solutions in the ends of justice and adopted

quite unfair labour practices with certain vested interests.

This reference for adjudication to meet the ends of justice

and fair labour practices by granting permanent status to

the concerned workman. List of documents and name of

witnesses submitted and prayer has been made (a) to

absorb i.e make the services permanent of the workman

concerned without any condition and delay whatsoever it

may be, with retrospective effect. (b) to order for the entire

benefits & notional benefits with time bound promotions,

etc. (c) to restore all the reliefs etc. with retrospective effect.

(d) to order for maintaining the status-quo in the

meanwhile.

3.

It appears that a petition has been filed on 25.08.2014

by Senior Post Master, Muzaffarpur in which it has been

stated that Sri Umesh Kumar is working in daily wages

basis in the in permanent post of sweeper excluding Sunday

and holiday. Sri Umesh Kumar is working in daily wages

basis not as permanent incumbent. Hence, there is no

question regarding satisfaction/dissatisfaction as per

departmental conduct rules.

Then senior Postmaster issued memo no.- Sr. PM/

Misc/2002 dated- 09.08.2002 but no copy receipted by

concerned branches. Hence, the wages are not drawn in

regular bill of establishment. He is getting his wages on

ACG-17 voucher prescribed by the departmental of Posts

for contigent payment daily. His request cannot accepted

as he is working as daily wages. His requested is not

acceptable. Sri Umesh Kumar has been paid his wages at

enhanced rate @ Rs. 220/- fixed by Government of India.

4.

It appears that general secretary of the union filed

rejoinder to the written statement dated- 26.08.2014

submitted by the respondent management.

5.

It appears on 09.01.2015 written statement has been

on behalf of the respondent ( management ). It has been

stated since the person was engaged as daily wager not

on regular term, the correct date and month is not

confirmed. It has been stated that in respect of the matter

that Sri Umesh Kumar was engaged from 1999. Correct

date and months is not confined. It has further been stated

that complainant Sri Umesh Kumar was to be paid on

prorate basis of minimum of scale admissible to the SAFAI

KARAMCHARI. As per order of the court and consent of

Umesh Kumar the wages as per notification was paid with

back arrear and he is receiving agreed wages as such.

There is no dispute as to the rate between the employer

and daily wager. In absence of any dispute in respect of

the payable wages a proceeding instituted with reference

to such order dated- 09.08.2002 is not maintainable under

section 20(3) of the Minimum Wages Act, 1948.

It has been stated that matter regarding conferment

of temporary status to Sri Umesh Kumar. It has been

admitted above that he has been working as daily wager

from 1999. Department of posts, Govt. of India ordered

vide 66-52/92-SPB-01 dated- 01.11.1995 amended by letter

dated- 08.11.1995 that any engagement like casual labourers

after 01.09.1993 is not subjected to be regularized in the

department. Thus, therefore, the employer has no liability

of conferment of Temporary Status to Sri Umesh Kumar.

In regard absorption in permanent status of Sri Umesh

Kumar. It has been stated that person on daily wages in

department of post are not subject to recruitment for work

of regular nature and it is not possible to give him

employment in permanent status. The number of hours of

work shall constitute a normal working day for an adult on

daily wages is nine hours as per section 24 of Minimum

Wages Act, 1948. Sri Umesh Kumar’s service hours is less

than eight hours. Moreover, he is engaged as SAFAI

KARAMCHARI ( excluding activities prohibited under

the employment of manual scavengers and construction

of dry latrines prohibition Act, 1993/ Notification no.-4991

dated 01.10.2008 issued under minimum rates of wages in

scheduled employment 2009) and his service is utilised on

payment of approved and agreed wage. It has further been

submitted that once the daily wages is fixed at a certain

figure it is no longer retains its character of being prorate

of the monthly wages of otherwise. Now the claim of

temporary status or regular employment is not concerned

to the instant case as the matter of wages has already

been settled and there exists no dispute.

6.

It appears that one document Ext.-M has been

exhibited on behalf of the management from which it

appears that in the list of daily rated Mazdoors working of

the vacant post of grade IV has been allowed to get

minimum scale of pay of group “D” plus usual allowances

admissible to the post with immediate effect. In this list

name of Sri Umesh Kumar appear as sweeper, Muzaffarpur

Head Office.

7.

Ext.-W has been exhibited on behalf of the workman/

union which is the petition filed by the management before

Industrial Tribunal. In which it has been stated that Umesh

Kumar is working as daily wages basis not in the permanent

post of sweeper.

8.

Four witnesses has been examined on behalf of the

management M.W-1 Binay Kumar Verma, M.W-2 Sone Lal

Ram, M.W-3 Om Prakash Srivastava and M.W-4 Hari

Chandra Lal Karan.

9.

Single witness has been examined on behalf of the

workman who is Umesh Kumar, concerned workman.

10.

M.W-1 Binay Kumar Verma is A.P.M Account (A/C).

He has stated that he does not know workman Umesh

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 26] 2016@pS=k 6] 1938

1133

Kumar and no record is available of Umesh Kumar with

him. This witness is working in his office at present post

since 2009. Further he has stated that one safai karmi

Umesh Kumar is working in his office and there is no

complain against him.

In cross-examination he has stated that he was

working in the department since 1982. In 1982 he was on

the post of Assistant in divisional office, Muzaffarpur and

from the year 2009 he is APM account in head office. In

the year 2009 he was posted as accountant in head office

and since then he APM accounts up till now. At present

no sweeper is working in post office but safai work is

done by daily wager. Prior to that one sweeper was working

and name is of which not remembered by this witness.

He further stated that there was permanent sweeper

working in the his office when he retired, may be stated

after perusal of record. At present no sweeper is working,

at present daily who is working as sweeper on daily wage

is not known to this witness. This witness further stated

that he maintains the account of payment and payment

order is passed by officer and payment is made through

treasury. Payment bill is sent by this witness to divisional

office. One copy of the bill is kept by this witness and

other bill is sent to the divisional office. Payment voucher

is prepared by the person who receives payment. He does

not see that who has prepared the voucher and whether

voucher is correct or not. To avoid double payment this

witness maintains this.

Further he has stated that order of payment is passed,

then he calculate and compares the amount of voucher

and Senior Post Master passes order to send it to treasury.

Public relation inspector checks voucher thereafter Dy.

Post Master also checks and counter signs the voucher.

Officer of the concerned branch checks the voucher

whether it is correct or not. This witness has no knowledge

from which record concerned officer checks and verifies

the voucher. Officers of the concerned branch sends all

the voucher to Dy. Post Master who sends it to the treasury

for payment and after payment voucher is sent to the this

witness from treasury which is sent to divisional office by

to this witness.

11.

M.W-2 Sone Lal Ram is Assistant in account section

in Head Post Office, Muzaffarpur. He has stated that letter

dated- 09.08.2002 marked as Ext.-M was never seen by

him.

In cross examination he has stated that he is posted

in Head Post Office since 16.12.2014. Prior to that he was

posted at kalwari post office. He worked in APM/Misc in

head post office and since 21.02.2015 he is Assistant

Accountant. Further he stated that in account office work

of APM/Misc is done. Further he has stated that APM ,

Misc is separate section. Prior to 2014 what was

correspondence is not known to him. Witness has no

knowledge of earlier order or memo. Sweeper work is done

by daily wages sweeper who are Umesh Kumar and Raju

Kumar. This witness was knowing J. Singh Senior Post

Master. He further stated that the facts “The following

daily wages mazdoor who are working on the vacant post

of Gr. “D” are hereby allowed to get minimum scale of pay

of a group “D” plus usual allowances admissible to the

post with immediate effect” in this memo name of Umesh

Kumar sweeper is mentioned. This witness further stated

that the remained in head post office in 2-3-4 tenure and

since then he is seeing Umesh Kumar. Further he stated

that pay means salary and wages means mazdoori.

12.

M.W-3 is Om Prakash Srivastava who was Assistant

Post Master in Head Post Office, Muzaffarpur for the period

from April-2013 to April-2015. Now he is Dy. Post Master

no.-1. This witness has no knowledge about memo dated

09.08.2003 which has been marked as Ext.-M.

In cross-examination he has stated that he was

appointed in head post office in 1978. He was public

relation inspector from 2002 to 2004. This witness cann’t

tell the name of post master who was posted in the year

2002. Later on he has stated that Jamadar Singh was Head

Post Master. He further stated that Umesh Kumar is working

since about 2000 in post office as a coolie and he works as

a sweeper. He does not get benefit of the Govt. leave also

of Sunday and National holyday. He get wages @

morethan 200/- per day. When Jamadar Singh was post

master, then this witness was PRI. This witness has stated

that on Ext.-M J.Singh, Senior Post Master, Muzaffarpur

HO has written but this witness cannot say whether it was

issued by Jamadar Singh or not. Another officer may not

issue letter of an officer. This witness has no knowledge

about this Ext. Further he has stated that he does not

know the two persons named in Ext. why have not been

permanent while one has been one permanent. This

witness has further no knowledge that to make permanent

of the workman amount is taken. This witness has further

stated that 3-4 years before news was published that CBI

has lodged case against some officer and some workers.

The reality is not know to him.

13.

M.W-4 is Hari Chandra Lal Karan who is working in

Head Post Office, Muzaffarpur on the post of Postal

Assistant. He has stated that he is working since 2nd

December, 1987 and he is posted in head post office since

7th September, 2011 and at present he is working in staff

section. Further he has stated that Umesh Kumar is working

in his office on daily wages. This witness has no

knowledge that Jamadar Singh issued memo to make him

permanent.

In cross-examination he has stated that in staff

section register is maintained for payment of daily wages.

Daily wage’s payment attendance of daily wager is

maintained in mail office. He further stated that Umesh

Kumar is working on daily wages. This witness is seeing

him since 2011, prior to 2011 this witness has no

1134

THE GAZETTE OF INDIA : MARCH 26, 2016/CHAITRA 6, 1938

[PART II—SEC. 3(ii)]

knowledge. This witness has heard the name of Jamadar

Singh who has retired from post of superintendent from

Motihari. Jamadar Singh was posted at Senior Post Master

in Muzaffarpur. This witness has also stated about the

application given by Senior Post Master T. K. Roy in

Industrial Tribunal, Dhanbad on 25.08.2014 which has been

marked as Ext.-W and in para-4 it has been stated that the

then Senior Post Master had issue memo no.- PM/Misc/

2002 dated- 09.08.2002 on 25.08.2014. This memo was not

received in his section. In this memo name of three workers

Sri Umesh Kumar, Sri Vishwa Vijay Kumar, Sri Brij Bhushan

Prasad has been mentioned. Brij Bhushan Prasad is posted

in store at present. This witness has no knowledge that

prior to Umesh Kumar any one had given application in

his office to make his permanent or not.

14.

W.W-1 Sri Umesh Kumar is the workman Umesh

Kumar who has stated that he passed eight class. He joined

the service when he was studying in class-9. He is working

in Head Post Office since 1999 as daily wager sweeper.

Prior to him Gopal Ram was permanent sweeper who has

retired. After his retirement there is no permanent sweeper

uptill now and this witness is working all those work of

permanent sweeper. This witness does not get leave of

Sunday and Govt. holiday or national holiday. This witness

has stated about Ext.-M which was given to him from

department. Name of three person has been mentioned

but uptill now, this witness have not been permanent. He

gave several application in make permanent. In the mean

time one person has been made permanent. There is no

complaint about his work and duties.

In cross-examination he has stated that out of three

persons mentioned in the memo Bhushan Prasad has been

made permanent and he is working in postal store depot.

15.

Written argument has been filed on behalf of the

workman and reply of that has been filed on behalf of the

management.

16.

It has been stated that on behalf of the management

that Umesh Kumar is working on daily wages mazdoor for

last seven years as sweeper excluding Sunday and

holidays. The question of date of joining of Shri Umesh

Kumar in Head Post Office doesn’t arise. He is working at

daily wages mazdoor and when required. The period of

work is occasional as and when required. The nature of

work is sweeping and office premises. Hour of work in

accordance with the actual requirement is not exceeding

seven (7) hours a day. The rate of payment is allowed as

fixed by the state Govt. time to time. The payment of wages

paid by the forms ACG-17 prescribed by the Deptt. The

question of maintenance of register doesn’t arise. The

matter regarding conforment of temporary status to Sri

Umesh Kumar has been raised. It has been admitted that

he has been working as daily wages mazdoor from 1999.

The Deptt. Of Posts Govt. of India ordered vide 66-52/92-

SPB-I dated- 01.11.1995 amended by letter dated-

08.11.1995 that any engagement like casual labours after

01.09.1993 is not subjected to be regularized in the

department. Thus therefore employer has no liability of

conferment of temporary status to Sri Umesh Kumar. He

was never appointed in Gr-D cadre, hence question of

payment of pay and allowance of Gr-D does not arise.

Letter dated- 01.11.1995 and 08.11.1995 has been annexed.

17.

In the written argument filed on behalf of the

deposition of the witness of all the witness has been dealt.

It has been stated that Umesh Kumar is in continuous

service since 1999 and no complaint against his working

culture, discipline & conducted as admitted Umesh Kumar

is working sweeper on daily wages. It has also been stated

that according to the order no.- L-40011/78/2013-IR(DU)

dated- 06.02.2014 “ Whether the workman has earned right

of absorption having been engaged for a considerable

period of time regularly even though on daily wages? And

whether the management of Post Master General, Northern

Region should give him a permanent regular employees

status with immediate effect.” has been dealt. It has also

been stated that Umesh Kumar is working in continues

service since 1999 and particularly from 2000 i.e the year in

which the permanent sweeper retired from the services of

management. Proving that Umesh Kumar is working on

perennial permanent vacant post of sweeper since then,

who is completed more than 240 days in each & every

year continuously without any break. Ext.M-1 and W/1

has been dealt and some decision has been cited which

will be dealt letter on.

FINDINGS

18.

Matter in adjudication is “ Whether the workman

has earned right of absorption having been enegaged for

a considerable period of time regularly even though on

daily wages? And whether the management of Post Master

General, Northern Region should give him a permanent

regular employees status with immediate effect?

In written statement it has been stated that Umesh

Kumar is in continuous service since December, 1999

against permanent perennial vacant post of sweeper, on

daily wages basis. There was no complain against him.

Senior Post Mater granted temporary status to three such

daily-wager. Out of them one was given temporary status

and other were not offered the same. Which is apparented

from Ext.-M in which it has been stated that by Mr. J.

Singh, Senior Post Master, Muzaffarpur, Head Post Office

that the following daily rated mazdoor who was working

on the vacant post of Gr.-D are hereby allowed to get

minimum wages of scale of Gr.-D + ususal allowance

admissible to the post with immediate effect. The name of

Umesh Kumar appears on the top of list. This order came

into effect from 09.08.2002 which cann’t be denied.

Ext.-W is the petition filed by Senior Post Master,

Muzaffarpur in CGIT No.-2 Dhanbad and in para-4 it has

been stated that the then Senior Post Master issued memo

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 26] 2016@pS=k 6] 1938

1135

no.- Sr. PM/Misc/2002 dated- 09.08.2002 as such Ext.-M

have not been denied by the respondent management.

Several voucher of ACG-17 has been filed to demonstrates

the payment of workman. In written statement filed on

behalf of the respondent management, only stated that

Umesh Kumar was engaged as daily wager at not on

regular term. In respect of Ext.-M only it has been stated

that as per notification wages were paid to Sri Umesh

Kumar. Management has stated about the circular dated-

01.11.1995 amended by letter dated- 08.11.1995 that any

engagement like casual labourers after 01.09.1993 is not

subjected to be regularized in the department. This is not

a case of casual labour but a daily wager from whom. Work

has been taken since 1999 against vacant perennial post

which is apparent of from deposition of management.

MW-1 has stated that one Umesh Kumar safaikarmi is

working in his office. Further he stated that in his office

permanent sweeper was working who has retired. As such

it is apparent that Sri Umesh Kumar was working against

the vacant permanent post. M.W-2 has stated that in cross-

examination in para-5 that he was posted in head post

office for 2-3 tenure and since then he is seeing Sri Umesh

Kumar. In para-4 he has stated that daily wages sweeper

Sri Umesh Kumar and Raju Kumar is working in department.

So it cann’t be denied that Sri Umesh Kumar is not working

since long. M.W-3 is assistant post master in Head Post

Office, Muzaffarpur. He has stated that Jamadar Singh was

Head Post Master. He has further stated that Sri Umesh

Kumar is working since the year 2000 as a collie and as a

sweeper. He is not getting benefits of Govt. holiday and

national holiday. Jamadar Singh had not been called as a

witness by the management.

M.W-4 is working in Head Post Office, Muzaffarpur.

He has stated that Sri Umesh Kumar is working on daily

wages. This witness also admitted this facts in para-4 of

his cross-examination. As such facts stated in Ext.-M is

written statement of the workman could not be controverted

by the management.

Even the statement made in examination-in-chief have

not been challenged in cross-examination of the evidence

of workman. Three person were named in Ext.-M and name

of Sri Umesh Kumar was on the top. One person has been

made permanent and why Sri Umesh Kumar who is working

against the permanent post have not been permanent.

19.

Vol.-V of Supreme Court Labour and Services Digest

[ 1986 (July)- 1990(December) has been filed. In this daily

rated casual labour in P & T Department doing work similar

to that of regular workers of the Department- Scheme

directed to be made for absorption of the casual labourers

continuously working in the Department for more than

one year. This was in view of (1988) 1SCC 872.

There is decision reported in AIR 1990 SC 371 in

which it has been stated that workers not possessing initial

minimum prescribed educational qualification at the time

of appointment- Gaining sufficient experience after many

years of service- Confirmation cannot be refused to them

on ground that they did not possess requisite

qualification- they would be entitled to pay equal to persons

appointed in regular basis. There is decision reported in

2001 IAD(S.C) 327 daily wager working for long period –

regularisation of – observations made and continuing ad-

hocism for long depricated and it has been held that it has

also well settled, if the work is taken by the employer

continuously from daily wage workers for a long number

of years without considering their regularisation for its

financial gain as against employees legitimately claim, has

been held by this court repeatedly as an unfair labour

practice. Pattem shows work is to keep such persons

hanging as daily rate workers. In such situation a legal

obligation is cast on an employer if there be vacant post

to fill it up with such workers in accordance with rules if

any. As such Umesh Kumar is entitled to be regularised.

Similar view has been expressed in 1996 (1) LLJ 1223. In

1992 (4) SCC 118 deals with long continuing in service

gives rise to a presumption about the need for a regular

post. In 2004(3) PLJR it has been held that daily wager

working for long period on sanctioned post but have not

been regularized depicts a sad picture of harassment to

the inferior service employees- direction issued for

regularization.

20.

Considering all the aforesaid facts and circumstances

and law cited in this case it is very clear that workman

Sri Umesh Kumar is in continuous service and workman

has right to absorption having been engaged for the

considerable period of time and regularisation even though

working on daily wages and management of post master

general, northern region should give him (the workman ) a

permanent regular employees status with immediate

effects.

In view of this matter, answer is that workman

Sri Umesh Kumar has earned right of absorbtion having

been engaged for a considerable period of time regularly

even though on daily wages and he was working against

a permanent post from the date 09.08.2002 when he was

granted temporary status. Management (Post Master

General, North Bihar Circle, Muzaffarpur ) is directed to

give him a permanent status of a permanent regular

employees with immediate effect with all consequential

benefits after 09.08.2002.

Dictated & Corrected by me.

24-02-2016

BIPIN DUTTA PATHAK, Presiding Officer

ubZ fnYyh] 17 ekpZ] 2016

dk-vk- 553-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj bysDVªkWfuDl

dkjiksjs'ku vkWiQ bafM;k fyfeVsM ,aM vnlZ ds çcaèkra=k ds lac¼

1136

THE GAZETTE OF INDIA : MARCH 26, 2016/CHAITRA 6, 1938

[PART II—SEC. 3(ii)]

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]

/uckn ds iapkV (lanHkZ la- 71@2015) dks çdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 16@03@2016 dks çkIr gqvk FkkA

¹la- ,y&42012@159@2015&vkbZvkj (Mh;w)º

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

New Delhi, the 17th March, 2016

S.O. 553.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. Ref. No. 71/

2015) of the Central Government Industrial Tribunal-cum-

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

in the Industrial Dispute between the employers in relation

to the management of the Electronics Corporation of India

Ltd. and Others and their workmen, which was received

by the Central Government on 16/03/2016.

[No. L-42012/159/2015-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO. 2) AT DHANBAD

PRESENT :

Shri R.K.Saran, Presiding Officer

In the matter of an Industrial Dispute under Section

10(1)(d) of the I.D. Act,1947

REFERENCE NO. 71 OF 2015

PARTIES

:

Shri Prabhat Ranjan,

C/o Sh.Nawal Kishor Pd. Gupta,

Vill & PO: Karubigha,Gaya -803116.

Vs.

The CMD,

M/s Electronics Corp. of India Ltd.,

A Govt. of India Enterprises

(Dept. of Atomic Energy)

PO: ECIL, Hyderabad.-500062

The Chairman & CEO

M/s. ECIL- Rapiscan Ltd.,

(A Govt. of India undertaking Joint

Venture)

8-1-305 & 306, 3rd Floor,

Anand Silcionchip,

Shaikpet, Tolichowki,

Hyderabad-500008

Order No.L-42012/159/2015-IR(DU)

dt.06.10.2015

APPEARANCES :

On behalf of the Workman/Union

:

None

On behalf of the Management

:

None

State : Jharkhand

Industry : Atomic Energy

Dhanbad, Dated the 1st Feb., 2016

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on them under

Sec.10(1)(d) of the I.D. Act, 1947 has referred the following

dispute to this Tribunal for adjudication vide their Order

No. L-42012/159/2015-IR (DU) dt.06.10.2015.

SCHEDULE

“Whether the action of the Management of ECIL to

terminate the services of Shri Prabhat Ranjan in

contrary to the mandatory provisions is valid? If

not, what relief the workman is entitled for?”

2.

Neither the workman nor the Representative from

the Management side appeared since its registration and

subsequently issued first formal Notice dt. 22.12.2015 for

appearances in the case to both litigant parties on the

addresses emerged out in the said Reference. But in a

sudden change, the workman Prabhat Ranjan by filing a

petition dt.03.11.2015 stated that the said dispute has

also been filed before Hon’ble Industrial Tribunal, Patna

as per provisions of Sec.2A (1 & 2) of the I.D. Amendment

Act, 2010 and the same is running for adjudication at

Patna. So in view of the said dispute running in the Patna

Tribunal, it will be proper to close the dispute. So with the

filing of such petition, the Tribunal has no role further to

play but to ask for closure the case in the natural interest

of the workman and the Management too. The case is

related to termination of services in violation of the

mandatory provisions seeking reliefs .

From perusal of the case record, it has been

apparently clear the dispute does not have any meaning

as long as for this Tribunal while the same is for

adjudication before the Hon’ble Tribunal Patna as stated

by the workman. Accordingly the Tribunal will go ahead

for closure as it is no longer a dispute so far as this Tribunal

is concerned. Under the circumstances, the case is closed

and, accordingly passed an order of ‘No Dispute Award’

in real terms.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 17 ekpZ] 2016

dk-vk- 554-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj bysDVªkWfuDl

dkjiksjs'ku vkWiQ bafM;k fyfeVsM ,aM vnlZ 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]

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 26] 2016@pS=k 6] 1938

1137

/uckn ds iapkV (lanHkZ la- 77@2015) dks çdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 16@03@2016 dks çkIr gqvk FkkA

¹la- ,y&42012@163@2015&vkbZvkj (Mh;w)º

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

New Delhi, the 17th March, 2016

S.O. 554.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. Ref. No. 77/

2015) of the Central Government Industrial Tribunal-cum-

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

in the Industrial Dispute between the employers in relation

to the management of the Electronics Corporation of India

Ltd. and Others and their workmen, which was received

by the Central Government on 16/03/2016.

[No. L-42012/163/2015-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO. 2) AT DHANBAD

PRESENT :

Shri R.K.Saran, Presiding Officer

In the matter of an Industrial Dispute under Section

10(1)(d) of the I.D. Act,1947

REFERENCE NO. 77 OF 2015

PARTIES

:

Shri Mohinish Chandra,

S/O Sri Prakash Chandra,

Vishweshraiya Nagar,

Near Bailey Road,

West Canal Road,

Near Pharmacy College,

Patna-801503

Vs.

The CMD,

M/s Electronics Corp. of India Ltd.,

A Govt. of India Enterprises

(Dept. of Atomic Energy)

PO: ECIL, Hyderabad.-500062

The Chairman & CEO

M/s. ECIL- Rapiscan Ltd.,

(A Govt. of India undertaking

Joint Venture)

8-1-305 & 306, 3rd Floor,

Anand Silcionchip,

Shaikpet, Tolichowki,

Hyderabad

Order No. L-42012/163/2015-IR(DU)

dt.06.10.2015

APPEARANCES :

On behalf of the Workman/Union

:

None

On behalf of the Management

:

None

State : Jharkhand

Industry : Atomic Energy

Dhanbad, Dated the 8th Feb., 2016

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on them under

Sec.10(1)(d) of the I.D. Act,1947 has referred the following

dispute to this Tribunal for adjudication vide their Order

No. L-42012/163/2015-IR (DU) dt.06.10.2015.

SCHEDULE

“Whether the action of the Management of ECIL to

terminate the services of Shri Mohinish Chandra in

contrary to the mandatory provisions is valid? If

not, what relief the workman is entitled for?”

2.

Neither the workman nor the Representative from

the Management side appeared since its registration and

subsequently issued first formal Notice dt. 22.12.2015 for

appearances in the case to both litigant parties on the

addresses emerged out in the said Reference. But in a

sudden change, the workman Mohinish Chandra by filing

a petition dt.03.11.2015 stated that the said dispute has

also been filed before Hon’ble Industrial Tribunal, Patna

as per provisions of Sec.2A (1 & 2) of the I.D. Amendment

Act,2010 and the same is running for adjudication at Patna.

So in view of the said dispute running in the Patna Tribunal,

it will be proper to close the dispute. So with the filing of

such petition, the Tribunal has no role further to play but

to ask for closure the case in the natural interest of the

workman and the Management too. The case is related to

termination of services in violation of the mandatory

provisions seeking reliefs

From perusal of the case record, it has been

apparently clear the dispute does not have any meaning

as long as for this Tribunal while the same is for

adjudication before the Hon’ble Tribunal Patna as stated

by the workman. Accordingly the Tribunal will go ahead

for closure as it is no longer a dispute so far as this Tribunal

is concerned. Under the circumstances, the case is closed

and, accordingly, passed an order of ‘No Dispute Award’

in real terms.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 17 ekpZ] 2016

dk-vk- 555-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj bysDVªkWfuDl

dkjiksjs'ku vkWiQ bafM;k fyfeVsM ,aM vnlZ 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]

1138

THE GAZETTE OF INDIA : MARCH 26, 2016/CHAITRA 6, 1938

[PART II—SEC. 3(ii)]

/uckn ds iapkV (lanHkZ la- 78@2015) dks çdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 16@03@2016 dks çkIr gqvk FkkA

¹la- ,y&42012@151@2015&vkbZvkj (Mh;w)º

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

New Delhi, the 17th March, 2016

S.O. 555.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. Ref. No. 78/

2015) of the Central Government Industrial Tribunal-cum-

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

in the Industrial Dispute between the employers in relation

to the management of the Electronics Corporation of India

Ltd. and Others and their workmen, which was received

by the Central Government on 16/03/2016.

[No. L-42012/151/2015-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO. 2) AT DHANBAD

PRESENT :

Shri R.K.Saran, Presiding Officer

In the matter of an Industrial Dispute under Section

10(1)(d) of the I.D. Act,1947

REFERENCE NO. 78 OF 2015

PARTIES

:

Shri Rakesh Kumar,

S/o Late N.K.Sharan,

Nirmala Kunj, North Mandiri,

Patna-800001

Vs.

The CMD,

M/s Electronics Corp. of India Ltd.,

A Govt. of India Enterprises

(Dept. of Atomic Energy)

PO: ECIL, Hyderabad

The Chairman & CEO

M/s. ECIL- Rapiscan Ltd.,

(A Govt. of India undertaking

Joint Venture)

8-1-305 & 306, 3rd Floor,

Anand Silcion Chip,

Shaikpet, Tolichowki,

Hyderabad

Order No. L-42012/151/2015-IR(DU)

dt. 23.09.2015

APPEARANCES :

On behalf of the workman/Union

:

None

On behalf of the Management

:

None

State : Jharkhand

Industry : Atomic Energy

Dhanbad, Dated the 8th Feb., 2016

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on them under

Sec.10(1)(d) of the I.D. Act,1947 has referred the following

dispute to this Tribunal for adjudication vide their Order

No. L-42012/151/2015-IR (DU) dt.23.09.2015.

SCHEDULE

“Whether the action of the Management of ECIL to

terminate the services of Shri Rakesh Kumar in

contrary to the mandatory provisions is valid? If

not, what relief the workman is entitled for?”

2.

Neither the workman nor the Representative from

the Management side appeared since its registration and

subsequently issued first formal Notice dt. 22.12.2015 for

appearances in the case to both litigant parties on the

addresses emerged out in the said Reference .But in a

sudden change, the workman Rakesh Kumar by filing a

petition dt.03.11.2015 stated that the said dispute has

also been filed before Hon’ble Industrial Tribunal, Patna

as per provisions of Sec.2A (1 & 2) of the I.D. Amendment

Act,2010 and the same is running for adjudication at Patna.

So in view of the said dispute running in the Patna Tribunal,

it will be proper to close the dispute. So with the filing of

such petition, the Tribunal has no role further to play but

to ask for closure the case in the natural interest of the

workman and the Management too. The case is related to

termination of services in violation of the mandatory

provisions seeking reliefs.

From perusal of the case record, it has been

apparently clear the dispute does not have any meaning

as long as for this Tribunal while the same is for

adjudication before the Hon’ble Tribunal Patna as stated

by the workman. Accordingly the Tribunal will go ahead

for closure as it is no longer a dispute so far as this Tribunal

is concerned. Under the circumstances, the case is closed

and, accordingly, passed an order of ‘No Dispute Award’

in real terms.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 17 ekpZ] 2016

dk-vk- 556-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj bysDVªkWfuDl

dkjiksjs'ku vkWiQ bafM;k fyfeVsM ,aM vnlZ ds çcaèkra=k ds lac¼

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

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 26] 2016@pS=k 6] 1938

1139

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

/uckn ds iapkV (lanHkZ la- 72@2015) dks çdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 16@03@2016 dks çkIr gqvk FkkA

¹la- ,y&42012@160@2015&vkbZvkj (Mh;w)º

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

New Delhi, the 17th March, 2016

S.O. 556.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. Ref. No. 72/

2015) of the Central Government Industrial Tribunal-cum-

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

in the Industrial Dispute between the employers in relation

to the management of the Electronics Corporation of India

Ltd. and Others and their workmen, which was received

by the Central Government on 16/03/2016.

[No. L-42012/160/2015-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO. 2) AT DHANBAD

PRESENT :

Shri R.K.Saran, Presiding Officer

In the matter of an Industrial Dispute under Section

10(1)(d) of the I.D. Act,1947

REFERENCE NO. 72 OF 2015

PARTIES

:

Shri Abhishekh Kumar,

C/o Sh.Ashok Kumar Mishra,

At Shekhpura (SRK Nagar),

PO: Dhelwan, Patna

Vs.

The CMD,

M/s Electronics Corp. of India Ltd.,

A Govt. of India Enterprises

(Dept. of Atomic Energy)

PO: ECIL, Hyderabad-500062

The Chairman & CEO

M/s. ECIL- Rapiscan Ltd.,

(A Govt. of India undertaking

Joint Venture)

8-1-305 & 306, 3rd Floor,

Anand Silcion Chip,

Shaikpet, Tolichowki,

Hyderabad

Order No. L-42012/160/2015-IR(DU)

dt. 06.10.2015

APPEARANCES :

On behalf of the workman/Union

:

None

On behalf of the Management

:

None

State : Jharkhand

Industry : Atomic Energy

Dhanbad, Dated the 3rd Feb., 2016

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on them under

Sec.10(1)(d) of the I.D. Act,1947 has referred the following

dispute to this Tribunal for adjudication vide their Order

No. L- 42012/160/2015-IR (DU) dt.06.10.2015.

SCHEDULE

“Whether the action of the Management of ECIL to

terminate the services of Shri Abhishekh Kumar in

contrary to the mandatory provisions is valid? If

not, what relief the workman is entitled for?”

2.

Neither the workman nor the Representative from

the Management side appeared since its registration and

subsequently issued first formal Notice dt. 22.12.2015 for

appearances in the case to both litigant parties on the

addresses emerged out in the said Reference. But in a

sudden change, the workman Abhishek Kumar by filing a

petition dt.03.11.2015 stated that the said dispute has

also been filed before Hon’ble Industrial Tribunal, Patna

as per provisions of Sec.2A (1 & 2) of the I.D. Amendment

Act,2010 and the same is running for adjudication at Patna.

So in view of the said dispute running in the Patna Tribunal,

it will be proper to close the dispute. So with the filing of

such petition, the Tribunal has no role further to play but

to ask for closure the case in the natural interest of the

workman and the Management too. The case is related to

termination of services in violation of the mandatory

provisions seeking reliefs.

From perusal of the case record, it has been

apparently clear the dispute does not have any meaning

as long as for this Tribunal while the same is for

adjudication before the Hon’ble Tribunal Patna as stated

by the workman. Accordingly the Tribunal will go ahead

for closure as it is no longer a dispute so far as this Tribunal

is concerned. Under the circumstances, the case is closed

and, accordingly, passed an order of ‘No Dispute Award’

in real terms.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 17 ekpZ] 2016

dk-vk- 557-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj bysDVªkWfuDl

dkjiksjs'ku vkWiQ bafM;k fyfeVsM ,aM vnlZ ds çcaèkra=k ds lac¼

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

1140

THE GAZETTE OF INDIA : MARCH 26, 2016/CHAITRA 6, 1938

[PART II—SEC. 3(ii)]

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

/uckn ds iapkV (lanHkZ la- 73@2015) dks çdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 16@03@2016 dks çkIr gqvk FkkA

¹la- ,y&42012@161@2015&vkbZvkj (Mh;w)º

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

New Delhi, the 17th March, 2016

S.O. 557.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. Ref. No. 73/

2015) of the Central Government Industrial Tribunal-cum-

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

in the Industrial Dispute between the employers in relation

to the management of the Electronics Corporation of India

Ltd. and Others and their workmen, which was received

by the Central Government on 16/03/2016.

[No. L-42012/161/2015-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO. 2) AT DHANBAD

PRESENT :

Shri R.K.Saran, Presiding Officer

In the matter of an Industrial Dispute under Section

10(1)(d) of the I.D. Act,1947

REFERENCE NO. 73 OF 2015

PARTIES

:

Shri Gaurav Gunjan,

S/o Late C.N. Singh, 113,

S.K.Puri, Boring Road,

Patna -804453

Vs.

The CMD,

M/s Electronics Corp. of India Ltd.,

A Govt. of India Enterprises

(Dept. of Atomic Energy)

PO: ECIL, Hyderabad-500062

The Chairman & CEO

M/s. ECIL- Rapiscan Ltd.,

(A Govt. of India undertaking

Joint Venture)

8-1-305 & 306, 3rd Floor,

Anand Silcion Chip,

Shaikpet, Tolichowki,

Hyderabad-500008

Order No. L-42012/161/2015-IR(DU)

dt. 06.10.2015

APPEARANCES :

On behalf of the workman/Union

:

None

On behalf of the Management

:

None

State : Jharkhand

Industry : Atomic Energy

Dhanbad, Dated the 1st Feb., 2016

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on them under

Sec.10(1)(d) of the I.D. Act.,1947 has referred the following

dispute to this Tribunal for adjudication vide their Order

No. L-42012/161/2015-IR (DU) dt.06.10.2015.

SCHEDULE

“Whether the action of the Management of ECIL to

terminate the services of Shri Mukesh Kumar in

contrary to the mandatory provisions is valid? If

not, what relief the workman is entitled for?”

2.

Neither the workman nor the Representative from

the Management side appeared since its registration and

subsequently issued first formal Notice dt. 22.12.2015 for

filing rejoinder and appearance in the case to both litigant

parties on the addresses emerged out in the said Reference.

But in a sudden change, the workman concerned Gaurav

Gunjan, though discrepancy spotted in workman’s name

in schedule and workman’s address , by filing a petition

dt.03.11.2015 stated that the said dispute has also been

filed before Hon’ble Industrial Tribunal, Patna as per

provisions of Sec.2A (1 & 2) of the I.D. Amendment

Act,2010 and the same is running for adjudication at Patna.

So in view of the said dispute running in the Patna Tribunal,

it will be proper to close the dispute. So with the filing of

such petition, the Tribunal has no role further to play but

to ask for closure the case in the natural interest of the

workman and the Management too. The case is related to

termination of services in violation of the mandatory

provisions seeking reliefs.

From perusal of the case record, it has been

apparently clear the dispute does not have any meaning

as long as for this Tribunal while the same is for

adjudication before the Hon’ble Tribunal Patna as stated

by the workman. Accordingly the Tribunal will go ahead

for closure as it is no longer a dispute so far as this Tribunal

is concerned. Under the circumstances, the case is closed

and, accordingly passed an order of ‘No Dispute Award’

in real terms.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 17 ekpZ] 2016

dk-vk- 558-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj bysDVªkWfuDl

dkjiksjs'ku vkWiQ bafM;k fyfeVsM ,aM vnlZ ds çcaèkra=k ds lac¼

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 26] 2016@pS=k 6] 1938

1141

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]

/uckn ds iapkV (lanHkZ la- 74@2015) dks çdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 16@03@2016 dks çkIr gqvk FkkA

¹la- ,y&42012@162@2015&vkbZvkj (Mh;w)º

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

New Delhi, the 17th March, 2016

S.O. 558.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. Ref. No. 74/

2015) of the Central Government Industrial Tribunal-cum-

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

in the Industrial Dispute between the employers in relation

to the management of the Electronics Corporation of India

Ltd. and Others and their workmen, which was received

by the Central Government on 16/03/2016.

[No. L-42012/162/2015-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO.2), AT DHANBAD

PRESENT :

Shri R.K.Saran, Presiding Officer

In the matter of an Industrial Dispute under Section

10(1)(d) of the I.D. Act,1947

REFERENCE NO. 74 OF 2015

PARTIES

:

Shri Mukesh Kumar,

S/o Sh. Sarvanand Singh,

Vill. Khaprail Chak,

PO : Parsa Bazar,

Patna -804453

Vs.

The CMD,

M/s. Electronics Corp. of India Ltd.,

A Govt. of India Enterprises

(Dept. of Atomic Energy)

PO: ECIL, Hyderabad-500062

The Chairman & CEO

M/s. ECIL- Rapiscan Ltd.,

(A Govt. of India undertaking

Joint Venture)

8-1-305 & 306, 3rd Floor,

Anand Silcion Chip,

Shaikpet, Tolichowki,

Hyderabad

Order No. L-42012/162/2015-IR(DU)

dt. 06.10.2015

APPEARANCES :

On behalf of the workman/Union

:

None

On behalf of the Management

:

None

State : Jharkhand

Industry : Atomic Energy

Dhanbad, Dated the 8th Feb., 2016

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on them under

Sec.10(1)(d) of the I.D. Act.,1947 has referred the following

dispute to this Tribunal for adjudication vide their Order

No. L-42012/162/2015-IR (DU) dt.06.10.2015.

SCHEDULE

“Whether the action of the Management of ECIL to

terminate the services of Shri Mukesh Kumar in

contrary to the mandatory provisions is valid? If

not, what relief the workman is entitled for?”

2.

Neither the workman nor the Representative from

the Management side appeared since its registration and

subsequently issued first formal Notice dt. 22.12.2015 for

appearances in the case to both litigant parties on the

addresses emerged out in the said Reference .But in a

sudden change, the workman Mukesh Kumar by filing a

petition dt.03.11.2015 stated that the said dispute has

also been filed before Hon’ble Industrial Tribunal, Patna

as per provisions of Sec.2A (1 & 2) of the I.D. Amendment

Act, 2010 and the same is running for adjudication at

Patna .So in view of the said dispute running in the Patna

Tribunal, it will be proper to close the dispute. So with the

filing of such petition, the Tribunal has no role further to

play but to ask for closure the case in the natural interest

of the workman and the Management too. The case is

related to termination of services in violation of the

mandatory provisions seeking reliefs

From perusal of the case record, it has been

apparently clear the dispute does not have any meaning

as long as for this Tribunal while the same is for

adjudication before the Hon’ble Tribunal Patna as stated

by the workman. Accordingly the Tribunal will go ahead

for closure as it is no longer a dispute so far as this Tribunal

is concerned .Under the circumstances, the case is closed,

and accordingly passed an order of ‘No Dispute Award’ in

real terms.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 17 ekpZ] 2016

dk-vk- 559-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj bysDVªkWfuDl

dkjiksjs'ku vkWiQ bafM;k fyfeVsM ,aM vnlZ ds çcaèkra=k ds lac¼

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

1142

THE GAZETTE OF INDIA : MARCH 26, 2016/CHAITRA 6, 1938

[PART II—SEC. 3(ii)]

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

/uckn ds iapkV (lanHkZ la- 75@2015) dks çdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 16@03@2016 dks çkIr gqvk FkkA

¹la- ,y&42012@164@2015&vkbZvkj (Mh;w)º

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

New Delhi, the 17th March, 2016

S.O. 559.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. Ref. No. 75/

2015) of the Central Government Industrial Tribunal-cum-

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

in the Industrial Dispute between the employers in relation

to the management of the Electronics Corporation of India

Ltd. and Others and their workmen, which was received

by the Central Government on 16/03/2016.

[No. L-42012/164/2015-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO.2), AT DHANBAD

PRESENT :

Shri R.K.Saran, Presiding Officer

In the matter of an Industrial Dispute under Section

10(1)(d) of the I.D. Act,1947

REFERENCE NO. 75 OF 2015

PARTIES

:

Shri Devyanshu Pandey,

C/o Sri Sarat Chandra Pandey

Vill- Manikpur,

Dhansoi,

Distt-Buxar,

Patna (Bihar) 802128

Vs.

The CMD,

M/s. Electronics Corp. of India Ltd.,

A Govt. of India Enterprises

(Dept. of Atomic Energy)

PO: ECIL, Hyderabad-500062

The Chairman & CEO

M/s. ECIL- Rapiscan Ltd.,

(A Govt. of India undertaking

Joint Venture)

8-1-305 & 306, 3rd Floor,

Anand Silcion Chip,

Shaikpet, Tolichowki,

Hyderabad-500008

Order No. L-42012/164/2015-IR(DU)

dt. 06.10.2015

APPEARANCES :

On behalf of the workman/Union

:

None

On behalf of the Management

:

None

State : Jharkhand

Industry : Atomic Energy

Dhanbad, Dated the 8th Feb., 2016

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on them under

Sec.10(1)(d) of the I.D. Act.,1947 has referred the following

dispute to this Tribunal for adjudication vide their Order

No. L-42012/164/2015-IR (DU) dt.06.10.2015.

SCHEDULE

“Whether the action of the Management of ECIL to

terminate the services of Shri Devyanshu Pandey

in contrary to the mandatory provisions is valid? If

not, what relief the workman is entitled for?”

2.

Neither the workman nor the Representative from

the Management side appeared since its registration and

subsequently issued first formal Notice dt. 22.12.2015 for

appearances in the case to both litigant parties on the

addresses emerged out in the said Reference .But in a

sudden change, the workman Devyanshu Pandey by filing

a petition dt.03.11.2015 stated that the said dispute has

also been filed before Hon’ble Industrial Tribunal, Patna

as per provisions of Sec.2A (1 & 2) of the I.D. Amendment

Act, 2010 and the same is running for adjudication at

Patna .So in view of the said dispute running in the Patna

Tribunal, it will be proper to close the dispute. So with the

filing of such petition, the Tribunal has no role further to

play but to ask for closure the case in the natural interest

of the workman and the Management too. The case is

related to termination of services in violation of the

mandatory provisions seeking reliefs

From perusal of the case record, it has been

apparently clear the dispute does not have any meaning

as long as for this Tribunal while the same is for

adjudication before the Hon’ble Tribunal Patna as stated

by the workman. Accordingly the Tribunal will go ahead

for closure as it is no longer a dispute so far as this Tribunal

is concerned .Under the circumstances, the case is closed

and, accordingly, passed an order of “No Dispute Award”

in real terms.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 17 ekpZ] 2016

dk-vk- 560-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj bysDVªkWfuDl

dkjiksjs'ku vkWiQ bafM;k fyfeVsM ,aM vnlZ ds çcaèkra=k ds lac¼

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

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 26] 2016@pS=k 6] 1938

1143

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

/uckn ds iapkV (lanHkZ la- 76@2015) dks çdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 16@03@2016 dks çkIr gqvk FkkA

¹la- ,y&42012@165@2015&vkbZvkj (Mh;w)º

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

New Delhi, the 17th March, 2016

S.O. 560.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. Ref. No. 76/

2015) of the Central Government Industrial Tribunal-cum-

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

in the Industrial Dispute between the employers in relation

to the management of the Electronics Corporation of India

Ltd. and Others and their workmen, which was received

by the Central Government on 16/03/2016.

[No. L-42012/165/2015-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO.2), AT DHANBAD

PRESENT :

Shri R.K.Saran, Presiding Officer

In the matter of an Industrial Dispute under Section

10(1)(d) of the I.D. Act,1947

REFERENCE NO. 76 OF 2015

PARTIES

:

Shri Sunil Kumar,

S/O Sh.Rameshwar Pd.,

C/o Sri Satyendra Kumar,

Gautam Nagar, Janta Road,

Patna -800001

Vs.

The CMD,

M/s. Electronics Corp. of India Ltd.,

A Govt. of India Enterprises

(Dept. of Atomic Energy)

PO: ECIL, Hyderabad-500062

The Chairman & CEO

M/s. ECIL- Rapiscan Ltd.,

(A Govt. of India undertaking

Joint Venture)

8-1-305 & 306, 3rd Floor,

Anand Silcion Chip,

Shaikpet, Tolichowki,

Hyderabad-500008

Order No. L-42012/165/2015-IR(DU)

dt. 06.10.2015

APPEARANCES :

On behalf of the workman/Union

:

None

On behalf of the Management

:

None

State : Jharkhand

Industry : Atomic Energy

Dhanbad, Dated the 8th Feb., 2016

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on them under

Sec.10(1)(d) of the I.D. Act.,1947 has referred the following

dispute to this Tribunal for adjudication vide their Order

No. L-42012/165/2015-IR (DU) dt.06.10.2015.

SCHEDULE

“Whether the action of the Management of ECIL to

terminate the services of Shri Sunil Kumar in

contrary to the mandatory provisions is valid? If

not, what relief the workman is entitled for?”

2.

Neither the workman nor the Representative from

the Management side appeared since its registration and

subsequently issued first formal Notice dt. 22.12.2015 for

appearances in the case to both litigant parties on the

addresses emerged out in the said Reference .But in a

sudden change, the workman Sunil Kumar by filing a

petition dt.03.11.2015 stated that the said dispute has

also been filed before Hon’ble Industrial Tribunal, Patna

as per provisions of Sec.2A (1 & 2) of the I.D. Amendment

Act,2010 and the same is running for adjudication at Patna

.So in view of the said dispute running in the Patna

Tribunal, it will be proper to close the dispute. So with the

filing of such petition, the Tribunal has no role further to

play but to ask for closure the case in the natural interest

of the workman and the Management too. The case is

related to termination of services in violation of the

mandatory provisions seeking reliefs

From perusal of the case record, it has been

apparently clear the dispute does not have any meaning

as long as for this Tribunal while the same is for

adjudication before the Hon’ble Tribunal Patna as stated

by the workman. Accordingly the Tribunal will go ahead

for closure as it is no longer a dispute so far as this Tribunal

is concerned .Under the circumstances, the case is closed

and, accordingly, passed an order of ‘No Dispute Award’

in real terms.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 17 ekpZ] 2016

dk-vk- 561-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj vksojukbZV

,Dlizsl fyfeVsM] ubZ fnYyh 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;] t;iqj ds

1144

THE GAZETTE OF INDIA : MARCH 26, 2016/CHAITRA 6, 1938

[PART II—SEC. 3(ii)]

iapkV (lanHkZ la- 36@2014) dks çdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 16@03@2016 dks çkIr gqvk FkkA

¹la- ,y&40012@64@2009&vkbZvkj (Mh;w)º

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

New Delhi, the 17th March, 2016

S.O. 561.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 36/2014)

of the Central Government Industrial Tribunal-cum-

Labour Court, Jaipur now as shown in the Annexure in the

Industrial Dispute between the employers in relation to

the management of the Overnite Express Ltd., New Delhi

and their workman, which was received by the Central

Government on 16/03/2016.

[No. L-40012/64/2009-IR (DU)]

P. K. VENUGOPAL, Desk Officer

vuqca/

dsUnzh; ljdkj vkS|ksfxd vf/dj.k ,oa Je U;k;ky;]

t;iqj

lh-th-vkbZ-Vh- izdj.k la- 36@2014

Hkjr ik.Ms;] ihBklhu vf/dkjh

jsiQjsUl ua- L-40012/64/2009–IR (DU) fnukad 15@04@2014

Shri Kaushal Chandel S/o Shri Gangaram Chandel,

through Joint General Manager, Hind Mazdoor Sabha,

Bangali Colony, Chhawani,

Kota Rajasthan

V/s.

The Chief Development Officer,

M/s. Overnite Express Ltd., Overnite House,

00199-C, East Park Road,

New Delhi- 110005

izkFkhZ dh rjQ ls

% Jh ujsUnz frokMh &,MoksdsV

vizkFkhZ dh rjQ ls

% Jh vkj- ds- ‘kekZ & ,MoksdsV

% iapkV %

% iapkV %

% iapkV %

% iapkV %

% iapkV %

fnukad % 28-01-2016

1-

dsUnzh; ljdkj }kjk vkS|ksfxd fookn vf/kfu;e] 1947 dh /kkjk 10

mi&/kkjk 1 [k.M ¼?k½ ds vUrxZr fnukad 15@04@2014 ds vkns’k ls izsf”kr

fookn ds vk/kkj ij ;g izdj.k U;k;fu.kZ;u gsrq lafLFkr gSA dsUnzh; ljdkj

}kjk izsf”kr fookn fuEuor~ gS %&

2-

“Whether the action of the M/s Overnite Express

Ltd. in terminating the services of Shri Kaushal Chandel

w.e.f. 25-08-2008 is legal and justified? If not, what relief the

concerned workmen is entitled to?

3-

LVsVesUV vkWQ Dyse esa fn;s x;s rF; ds vuqlkj laf{kIr% izkFkhZ dk

dFku gS fd og fnukad 25-6-2007 ls vkWijs’ku ,DthD;wVho ds in ij dksVk

esa izkscs’ku ij fu;qDr gqvk FkkA izkFkhZ us N% ekg dk izkscs’ku lQyrkiwoZd

lEiUu fd;k ftlds ifj.kkeLo:Ik fu;ksDrk us fnukad 1-12-2007 ls izkFkhZ

dks lsok esa dUQeZ fd;kA vkxs izkFkhZ dk ;g dFku gS fd dksVk esa mlds

}kjk lQyrkiwoZd dk;Z lEikfnr djus ds dkj.k dksVk ,oa t;iqj fLFkr

vf/kdkjhx.k izkFkhZ ls jaft’k j[kus yxs vkSj vius pgsrs yksxksa dks dk;Z ij

j[kus dh dksf’k’k esa izkFkhZ dks ijs’kku djus yxs ftlds lEcU/k esa izkFkhZ us

fu;kstd rFkk vU; vf/kdkfj;ksa dks i= fy[kdj voxr djk;kA mDr

dkj.k ls eSustj ¼,p-vkj-½ us izkFkhZ dk LFkkukUrj.k t;iqj dj fn;kA

eSustj ¼,p-vkj-½ izkFkhZ dk LFkkukUrj.k djus ds fy, vf/kd`r vf/kdkjh ugha

gS D;ksafd og izkFkhZ ds fu;qfDr vf/kdkjh ugha gSA

4-

vkxs ;g dFku gS fd dksVk vkSj t;iqj ds vf/kdkfj;ksa us vkilh

feyhHkxr ls izkFkhZ dks ijs’kku fd;kA izkFkhZ }kjk ;fn dksbZ okmpj cukdj

fn;k tkrk Fkk rks mldh fyf[kr jkf’k dks de djds Lohdkj fd;k tkrk

Fkk tcfd izkFkhZ ds lkfFk;ksa }kjk izLrqr mlh izdkj ds okmpj fcuk dVkSrh

fd;s ikl dj nh tkrh FkhA t;iqj vkSj dksVk ds vf/kdkfj;ksa }kjk

feyhHkxr ls ijs’kku djus ds dkj.k ncko esa vkdj Jh latho dqekj xkSM+]

Jh iwj.key eh.kk] Jh iou [k.Msyoky vkSj Jh g”kZo/kZu flag vkfn

deZpkfj;ksa us ukSdjh NksM+ nhA izkFkhZ ij Hkh ncko cukdj ukSdjh NksMus ds

fy, etcwj fd;k x;k ysfdu izkFkhZ ukSdjh NksMus ds fy, rS;kj ugha gqvkA

izkFkhZ dk LFkkukUrj.k Hkh blhfy;s fd;k x;k fd izkFkhZ ukSdjh NksM+ nsA

izkFkhZ dk dFku gS fd b.MfLVª;y ,Eiyk;esUV ,.M LVSfUMax vkMlZ :Yl

ds vUrxZr cuk;s x;s ekWMy LVSfUMx vkMlZ ds :Yk ds vuqlkj deZpkjh dk

LFkkukUrj.k mldh lgefr ds fcuk ugha fd;k tk ldrk gS c’krZsa deZpkjh

dh fu;qfDr i= esa LFkkukUrj.k dk izkfo/kku u gksA izkFkhZ dh fu;qfDr i= esa

LFkkukUrj.k dk izkfo/kku ugha Fkk blfy;s izkFkhZ dk LFkkukUrj.k voS/k ,oa

vukf/kd`r gSA dksVk vkSj t;iqj ds vf/kdkfj;ksa }kjk feyhHkxr ls ijs’kku

gksdj fnukad 4-10-2007 dks izkFkhZ fMizs’ku ls xzflr gks x;k Fkk vkSj orZeku

esa fnukad 1-8-2008 ls fMizs’ku ls xzflr gSA izkFkhZ us ;g Hkh dgk gS fd ;fn

;gh gky jgk rks og fdlh vU; fcekjh ls Hkh xzflr gks ldrk gS ftldh

ftEesnkjh fu;kstd ds v/khuLFk dksVk fLFkr ,fj;k eSustj Jh fnus’k dqekj

vkSj t;iqj fLFkr vf/kdkjh Jh vkSe ‘kadj JhokLro dh gksxhA

5-

izLrj 7 esa izkFkhZ dk dFku gS fd tc og chekjh ls Bhd gksdj

fnukad 25-8-2008 dks M~;wVh ij mifLFkr gqvk vkSj mifLFkfr iaftdk esas

gLrk{kj dj viuh mifLFkfr ntZ dh rks mldh mifLFkfr dks dkV fn;k

x;k vkSj M~;wVh ugha djus nh x;h rFkk LVkQ dks funsZf’kr fd;k x;k fd

os izkFkhZ dks dk;kZy; esa ugha ?kqlus nsaA bl izdkj 25-8-2008 ls izkFkhZ dks

lsok ls gVk fn;k x;k tks voS/k gSA izkFkhZ us fnukad 25-6-2007 ls 24-8-2008

rd fu;kstd ds ;gka fujUrj dk;Z fd;k gS vkSj 240 fnu ls vf/kd dh

vofèk rd dk;Z fd;k gSA izkFkhZ dk ekeyk /kkjk 2 ¼vks-vks-½ ds vUrxZr NaVuh

dh ifjHkk”kk esa vkrk gSA fu;kstd us izkFkhZ dks uksdjh ls gVk;s tkus ds iwoZ

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 26] 2016@pS=k 6] 1938

1145

vkS|ksfxd fookn vf/kfu;e] 1947 dh /kkjk 25 ,Q ds vuqlkj ,d ekg dk

uksfVl ugha fn;k vkSj u blds cnys esa ,d ekg dk osru fn;k vkSj u gh

NaVuh eqvkotk fn;k x;kA

6-

foi{k }kjk uksdjh ls gVk;s tkus ls iwoZ ofj”Brk lwph ugha cuk;h

x;h ftlls vkS|ksfxd fookn fu;e 1957 ds fu;e 77 dk mYya?ku gqvkA

izkFkhZ dks lsok ls gVkrs le; mlls dfu”B Jfed lsok esa ekStwn Fks bl

izdkj vkS|ksfxd fookn vf/kfu;e dh /kkjk 25 th dk mYya?ku gqvkA izkFkhZ

dks gVk;s tkus ds ckn mls lsok esa iqu% vkus dk volj fn;s fcuk foi{k us

u;s Jfed fu;ksftr fd;s ftlls vkS|ksfxd fookn vf/kfu;e 1947 dh /kkjk

25 ,p lifBr vkS|ksfxd fookn fu;e 1957 ds fu;e 78 dk mYya?ku gqvk

vr% izkFkhZ dh ;kfpdk Lohdkj dj mls iqu% leLr foxr osru ykHk lfgr

lsok dh fujUrjrk lfgr fu;kstd dh lsok esa iquLFkkZfir fd;k tk;A

7-

;kph dh ;kfpdk ds fo:) oknksRrj izLrqr dj izkFkhZ dks fu;qfDr

i= tkjh djuk vkSj 25-6-2007 ls lsok esa ,DtD;wfVo vkWijs’ku ds in ij

fu;ksftr djuk Lohdkj fd;k x;k gSA fnukad 1-12-2007 ls lsok esa dUQeZ

djus ds rF; dks Hkh Lohdkj fd;k x;k gSA ’ks”k leLr dFku dks vLohdkj

fd;k x;k gSA /kkjk 25 ,Q vkS|ksfxd fookn vf/kfu;e 1947 ds izkfo/kku ds

lEcU/k esa ;g dgk x;k gS fd foi{kh ij ykxw ugha gksrs gSA /kkjk 25 th ds

lEcU/k esa dgk x;k gS fd og izkfo/kku Hkh foi{k ij ykxw ugha gksrs gSA

;kfpdk esa izLrj 12 esa /kkjk 25 ,p vkSj fu;e 78 ds lEcU/k esa ;g dgk

x;k gS fd mDr dFku Lohdkj ugha gS D;ksafd izkFkhZ dks izfri{kh }kjk lsok

ls i`Fkd ugha fd;k x;k cfYd mldk LFkkukUrj.k fd;k x;k vkSj LFkkukUrj.k

ds ckn foi{kh us M~;wVh TokWbu ugha dh ftlesa izkFkhZ dk Lo;a dk nks”k gSA

;g Hkh dgk x;k gS fd foi{k ij izLrj 12 esa of.kZr izkfo/kku ykxw ugha

gksrs gS D;ksafd foi{k }kjk mDr dkuwuh izkfo/kkuksa dk mYya?ku ugha fd;k

x;k gS rFkk foi{k dk d`R; vuQs;j yscj izsfDVl dh ifjHkk”kk esa ugha vkrk

gSA

8-

vkxs ;g dFku gS fd izkFkhZ dk dksVk ls t;iqj LFkkukUrj.k fd;k

tkuk Lohdkj gS rFkk fu;qfDr i= esa LFkkukUrj.k dk izkfo/kku vafdr gSA

izkFkhZ }kjk foi{k dks fcekjh ds lEcU/k esa dksbZ fyf[kr lwpuk ugha nh xbZ

vkSj u gh fcekjh ls lEcfU/kr dksbZ izi= izLrqr fd;k x;kA izkFkhZ dh

fcekjh ds fy;s foi{k fdlh Hkh izdkj ftEesnkj ugha gSA foi{k dk dFku gS

fd okLrfodrk ;g gS fd izkFkhZ dks izfri{kh }kjk fnukad 25-8-2008 dks lsok

ls i`Fkd ugha fd;k x;k cfYd blds iwoZ fnukad 29-7-2008 dks izkFkhZ dk

LFkkukUrj.k dksVk ls t;iqj dj fn;k x;k Fkk ftldh lwpuk izkFkhZ dks

mlds fuokl LFkku ds irs ij jftLVMZ Mkd ls Hksth x;h Fkh vkSj bldh

tkudkjh dksVk dk;kZy; dks Hkh nh xbZ FkhA rRi’pkr tc izkFkhZ dk;Z ij

mifLFkr ugha gqvk rks iqu% vuqLekjd fnuakd 22-8-2008 dks izsf”kr fd;k

x;kA vuqLekjd ij Hkh izkFkhZ ds }kjk M~;wVh TokWbu ugha dh xbZA fnukad

02-9-2008 dks izkFkhZ }kjk M~;wVh TokWbu ugha dj ikus ds ckn ,d volj

vkSj iznku djrs gq, rhu fnol esa M~;wVh TokWbu djus ds ckjs esa fy[kk

x;kA blds ckn oknksRrj dh izLrqfr rd izkFkhZ izfri{kh ds ;gkW M~;wVh ij

ugha vk;k gSA izkFkhZ dk ;g dguk fd izfri{kh }kjk mls lsok ls i`Fkd dj

fn;k x;k gS] furkUr vlR; gSA vkxs ;g dFku gS fd izkFkhZ }kjk 25-6-2007

ls 24-8-2008 rd fujUrj dk;Z djus vkSj 240 fnu ls T;knk vof/k rd dk;Z

djus dk dFku vLohdkj gSA izkFkhZ dk izdj.k /kkjk 2¼vks-vks-½ vkS|ksfxd

fookn vf/kfu;e] 1947 ds vUrxZr ugha vkrk gS D;ksafd mls lsok ls i`Fkd

ugha fd;k x;k gS cfYd fu;qfDr i= dh ‘krksZa ds vuqlkj LFkkukUrfjr fd;k

x;k gSA izkFkhZ dh vkosnu i= lO;; [kkfjt dh tk,A

9-

fnukad 21-7-2014 dks izkFkhZ mifLFkr Fkk rFkk mlus Dyse izLrqr dh

vkSj 22-9-2014 dks Dyse ds tokc gsrq rkjh[k fu;r dh x;hA fnukad

22-9-14 dks izkFkhZ i{k mifLFkr Fkk rFkk foi{k dh eqYroh Lohdkj dj

tokc gsrq 17-11-14 frfFk fu;r dh x;hA fnukad 17-11-14 ,oa vxyh frfFk

fnukad 15-1-15 dks ;kph i{k vuqifLFkr ,oa foi{k mifLFkr Fkk vkSj foi{k

dks tokc izLrqr djus gsrq vxyh frfFk fnukad 2-3-15 rd volj iznku

fd;k x;kA

10-

fnukad 2-3-15 dks foi{k us oknksRrj izLrqr fd;k ijUrq ;kph i{k

fnukad 2-3-15 dks Hkh mifLFkr ugha vk;kA fnukad 2-3-15 dks vxyh frfFk

fnukad 18-5-15 fu;r dj izkFkhZ i{k dks fjTok;UMj RkFkk vfHkys[k izLrqr

djus gsrq volj iznku fd;k x;k ,oa ;g vkns’k fd;k x;k fd ;kph i{k

tokc dh izfr izkIr djsaA

11-

fnukad 2-3-15 ds ckn 18-5-15] 17-8-15] 26-10-15] 30-11-15] 22-12-

15] 7-1-16 vkSj 20-1-16 rkjh[ksa fu;r dh x;h ijUrq ;kph i{k mifLFkr ugha

vk;kA ;g ns[krs gq, fd ;kph i{k fujUrj fnukad 17-11-14 ls vifLFkr ugha

vk jgk gS fnukad 30-11-15 vkSj 22-12-15 dks foi{k us fojks/k fd;k fd ;kph

dks dc rd volj fn;k tk;sxk] vr% fnukad 22-12-15 dks ;kph i{k ds

fo:) ,di{kh; dk;Zokgh dk vkns’k ikfjr fd;k x;k vkSj 7-1-16 dks

foi{k dh ,di{kh; lk{; ds fy, i=koyh fu;r dh x;hA fnukad 7-1-2016

dks foi{k us dksbZ lk{; u izLrqr djus dk vfHkdFku fd;k vr% foi{k dk

lk{; lekIr fd;k x;k vkSj fnukad 20-1-16 cgl ds fy, i=koyh fu;r

dh x;hA fnukad 20-1-16 dks mHk;i{k vuqifLFkr jgs vr% i=koyh iapkV

gsrq vkjf{kr dh x;hA

12-

i=koyh ds voyksdu ls ;g rF; izdk’k esa gS fd ;kph i{k }kjk

;kfpdk ds lkFk dksbZ izys[k fu;qfDr i= vkfn ugha izLrqr fd;k x;k gSA

lk{; esa dksbZ ’kiFk&i= Hkh ugha izLrqr gS vkSj u gh ;kph O;fDrxr :Ik ls

izfrijh{kk gsrq mifLFkr gqvk gSA foi{k us ;kph dks nh x;h fu;qfDr i=]

dUQesZ’ku i=] LFkkukUrj.k vkns’k vkSj LFkkukUrj.k vkns’k ds vuqikyu gsrq

nks vuqLekjd i=ksa dh QksVks izfr;ka izLrqr dh gSA ;kph i{k }kjk viuh

;kfpdk ds leFkZu esa dksbZ lk{; u izLrqr djus vkSj fujUrj vuqifLFkr jgus

ls ;g tkfgj gksrk gS fd izkFkhZ dks bl ekeys dks vkxs pykus esa dksbZ :fp

ugha gSA izkFkhZ us dksbZ lk{; ugha izLrqr fd;k gS ftlls ;g fl) gks lds fd

foi{k }kjk izkFkhZ dh lsoklekfIr dh dk;Zokgh vuqfpr vFkok fof/k fo:)

1146

THE GAZETTE OF INDIA : MARCH 26, 2016/CHAITRA 6, 1938

[PART II—SEC. 3(ii)]

gSA vr% eSa bl fu”d”kZ ij gwWa fd eSllZ vksojukbZV ,Dlizsl fyfeVsM }kjk

fnukad 25-8-2008 ls izkFkhZ dh lsok lekfIr dh dk;Zokgh mfpr ,oa fof/k ds

vuqdwy gS rFkk izkFkhZ fdlh vuqrks”k dks ikus dk gdnkj ugha gSA izkFkhZ dh

;kfpdk ;kfpr vuqrks”k gsrq rn~uqlkj [kkfjt dh tkrh 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

Hkjr ik.Ms;] ihBklhu vf/kdkjh

ubZ fnYyh] 17 ekpZ] 2016

dk-vk- 562-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj viQlj

deka¯Mx 375 dkW; ,,llh 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;] t;iqj ds

iapkV (lanHkZ la- 43@2015) dks çdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 28@01@2016 dks çkIr gqvk FkkA

¹la- ,y&14011@04@2015&vkbZvkj (Mh;w)º

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

New Delhi, the 17th March, 2016

S.O. 562.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 43/2015)

of the Central Government Industrial Tribunal-cum-

Labour Court, Jaipur now as shown in the Annexure in the

Industrial Dispute between the employers in relation to

the management of the M/s. Officer Commanding, 375,

Coy ASC and their workmen, which was received by the

Central Government on 16/03/2016.

[No. L-14011/04/2015-IR (DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-

CUM-LABOUR COURT, JAIPUR

BHARAT PANDEY, Presiding Officer

I.D. 43/2015

Reference No. L-14011/04/2015-IR(DU) dated: 22.4.2015

The Secretary

M.E.S. Employees Union

Hanuman Hattha, Gali No.1,

Bikaner-334001.

V/s.

The Officer Commanding

375, Coy ASC (Sup) Type ‘C’ Pin 905375

C/o 56 APO, 56 A.P.O.

AWARD

22.2.2016

1.

The Central Government in exercise of the powers

conferred under clause (d) of Sub Section 1 & 2(A) of

Section 10 of the Industrial Disputes Act 1947 has referred

the following Industrial dispute to this tribunal for

adjudication:-

¶D;k izca/u 375] dkWa; , ,l lh (lIykbZ) VkbZi ^lh* }kjk

56 ,ihvks chdkusj dk deZdkj Jh fot; flag] etnwj dks

ekSf[kd vkns'k fnukad 17-06-2008 ds }kjk ukSdjh ls fudkyk

tkuk U;k;ksfpr ,oa U;k;laxr gS \ ;fn ugha rks deZdkj

fdl vuqrks"k dks ikus dk vf/dkjh gS\¸

2.

Pursuant to the receipt of the reference order,

registered notices were issued to the parties as per the

order of the tribunal fixing 23.11.2015 for filing statement

of claim. On 23.11.2015 none was present from applicant

side. Notice by registered post sent to the applicant was

served upon him for 23.11.2015 & acknowledgement

attached with the notice has been received back which is

available on record of the file. None was present from

opposite party. Case was adjourned by tribunal suo moto

fixing 8.12.2015 for filing statement of claim.

3.

On 8.12.2015 both the parties were absent. Statement

of claim was not filed. In the interest of justice case was

adjourned by tribunal on its own motion fixing 21.1.2016

for filing statement of claim. On 21.1.2016 also both the

parties were absent. Case was again adjourned by tribunal

furnishing last opportunity to the applicant for filing

statement of claim on 31.1.2016.

4.

31.1.2016 was holiday being Sunday, hence, case

was taken up on 1.2.2016. None appeared from both the

side on 1.2.2016 & again case was adjourned by the tribunal

again furnishing last opportunity to the applicant for filing

statement of claim on 11.2.2016. On 11.2.2016 none

appeared from both the side & statement of claim was not

filed. Looking into the fact that applicant does not appear

to be interested in filing statement of claim opportunity

for filing claim was closed & case was reserved for award.

5.

It is pertinent to note that reference order dated

22.4.2015 was sent by Ministry to applicant with direction

to file statement of claim within 15 days from the date of

receipt of reference. Applicant has neither filed statement

of claim on the direction of Ministry nor on notice &

knowledge of the proceeding pending before the tribunal.

It appears that applicant is not interested & willing in

submitting the claim for adjudication. In the circumstances

& in the absence of statement of claim & material evidence

brought on record, tribunal is unable to record the finding

on the reference sent to the tribunal for adjudication on

merit. Accordingly, “No Claim Award” is passed in this

matter. The reference under adjudication is answered

accordingly.

6.

Award as above.

BHARAT PANDEY, Presiding Officer

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 26] 2016@pS=k 6] 1938

1147

ubZ fnYyh] 17 ekpZ] 2016

dk-vk- 563-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj osfYdu

VsyhdkWe baizQk izkbosV 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;] dksydkrk

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

dsUnzh; ljdkj dks 16@03@2016 dks çkIr gqvk FkkA

¹la- ,y&40011@18@2015&vkbZvkj (Mh;w)º

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

New Delhi, the 17th March, 2016

S.O. 563.—In pursuance of Section 17 of the

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

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

2015) of the Central Government Industrial Tribunal-cum-

Labour Court, Kolkata now as shown in the Annexure in

the Industrial Dispute between the employers in relation

to the management of the M/s. Welkin Telecom Infra Pvt.

Ltd. and their workmen, which was received by the Central

Government on 16/03/2016.

[No. L-40011/18/2015-IR (DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

AT KOLKATA

Reference No. 28 of 2015

Parties :

Employers in relation to the management of

M/s. Welkin Telecom Infra Pvt. Ltd.

A N D

Their workmen

Present : Justice Dipak Saha Ray, Presiding Officer

Appearance :

On behalf of the

:

Mr. Suchindram Bhattacharjee,

Management

Ld. Counsel for M/s. Welkin

Telecom Infra Pvt. Ltd.

Mr. Basabjit Banerjee, Ld. Counsel

for M/s. Indus Towers Ltd.

On behalf of the

:

Mr. Partha Mukherjee, Ld. Counsel

Workman & Union

State : West Bengal

Industry : Telecommunication

Dated: 8th March, 2016.

AWARD

By Order No. L-40011/18/2015-IR(DU) dated

05.06.2015/11.06.2015 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 action of the management of

M/s. Welkin Telecom Infra Pvt. Ltd. is justified in

terminating the service of Sri Milan Fouzdar is legal

and/or justified? If not, what relief the workmen are

entitled to?”

2.

When the case is taken up for hearing today, Ld.

Counsel appearing for the workman as well as the union

and the Ld. Counsel appearing on behalf of both the

managements submit that the matter has been settled

amicably between the parties out of the Tribunal and they

have filed a memorandum of settlement. They pray for an

Award in terms of the said joint petition of compromise/

settlement.

3.

On careful consideration of the said memorandum

of settlement it appears that the terms and conditions of

the settlement are fair, reasonable and the same are made

for the interest of the parties.

4.

Accordingly the said memorandum of settlement is

accepted and an Award is passed in terms of the said

memorandum of settlement which do form part of this Award

as Annexure-A.

Kolkata, Dated

the 8th March, 2016.

Justice DIPAK SAHA RAY, Presiding Officer

Annexure - A

Memorandum of Settlement

[U/s.2 (P) read with section 18(3) of the Industrial

Disputes Act, 1947]

Name of the parties

: (1) M/s. Welkin Telecom

Infra Pvt. Ltd. 76/1,

Golaghata Road, VIP

Road, Kolkata- 700 048.

(2) Paschim Medinipur

Zilla security & Allied

Services Union, Mir

Bazar Mednipur, Dist-

Paschim Medinipur.

Representing the company

: (1) Mr. K.K. Roy Head

H.I.R & Administration

Representing the Union

: (1) Sri Manoj Dhar

General Secretary of the

Union .

(2) Sri Milan Fouzder, the

concerned workman.

1148

THE GAZETTE OF INDIA : MARCH 26, 2016/CHAITRA 6, 1938

[PART II—SEC. 3(ii)]

Short Recital of the case :

Whereas the company under reference is engaged

as contractor by M/s Indus Tower Ltd. for operation and

maintenance of Mobile Towers owned by said Indus Tower

Ltd; situated at Medinipur West District.

Whereas one contract labour Sri Milan Fouzder was

working under the contractor as named hereinabove and

he was terminated from service w.e.f. 1st July, 2014 Sri

Milan Fauzdar was working as M.T.A. in the company.

Whereas being aggrieved over the termination of

service the union under reference raised one Industrial

Dispute which has been referred by Ministry of Labour,

Govt. of India before the C.G.I.T. and the case has been

registered bearing reference No. 28 of 2015.

Whereas during the pendency of Dispute before

C.G.I.T. at Kolkata negotiations were held on the issue

pending before C.G.I.T. and after protected discussions it

is agreed between the parties as under

1.

That the contractor company has agreed and

accordingly the concerned workman has been reinstated

in service without any back wages on and from 1st May,

2015.

2.

That in view of instant agreement the concerned

workman and the union have no more dispute in the issue

pending before this Hon’ble Tribunal.

3.

That it has been agreed by and between the parties

to file the instant memorandum of settlement before C.G.I.T.

Kolkata with a prayer to pass necessary award in terms of

this settlement with a view to drop the proceeding fully

and finally since pending dispute does not exists further

in terms of this settlement.

In witness hereof, the parties have signed this

agreement on 15th September, 2015.

K.K. Ray

Sd. Manoj Dhar

Sd. Milan Fouzdar

For and on behalf of

For and on behalf of Union

M/s Welkin Telecom

as named hereinabove

Infra Pvt. Ltd.

WITNESSES:-

1.

Sd. Tirthankar Ghosh.

2.

Sd. Illegible.

ubZ fnYyh] 17 ekpZ] 2016

dk-vk- 564-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dykorh cky

fpfdRlky; ,aM vnlZ 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;&1] fnYyh ds iapkV

(lanHkZ la- 198@2015) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj

dks 16@03@2016 dks çkIr gqvk FkkA

¹la- ,y&42011@100@2015&vkbZvkj (Mh;w)º

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

New Delhi, the 17th March, 2016

S.O. 564.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 198/

2015) of the Central Government Industrial Tribunal-cum-

Labour Court No. 1, Delhi now as shown in the Annexure

in the Industrial Dispute between the employers in relation

to the management of the Kalawati Bal Chikitsalya and

Others and their workmen, which was received by the

Central Government on 16/03/2016.

[No. L-42011/100/2015-IR (DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

IN THE COURT OF SHRI AVTAR CHAND DOGRA,

PRESIDING OFFICER, CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

NO.1, DELHI

ID No. 198/2015

Shri Ram Nath Prasad,

S/o Shri Brinda Lal Prasad + 5 othrs,

C/o Bharitiya Engineering &

General Mazdoor Union,

Bharat Mill, Charkhi Gate Market,

Plot No.1, (near D Block), Karampura,

New Delhi-110 015

...Workman

Versus

1.

The Manager,

M/s. Kalawati Bal Chikitsalaya,

Bangla Sahib Road,

New Delhi-110 001

2.

M/s Vigilant Security Placement and

Detective Services Pvt. Ltd.,

P-23, Old Double Storey, Lajpat Nagar,

New Delhi-110 024

...Management

AWARD

Central Government, vide letter No.L-42011/100/2015-

IR(DU) dated 08.09.2015, referred the following industrial

dispute to this Tribunal for adjudication:

“Whether the workmen, Shri Ram Nath Prasad and

five others, entitled for reinstatement with effect from

01.01.2012? If not to what relief are they entitled to?”

2.

In the reference order, the appropriate Government

commanded the parties to the dispute to file statement of

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 26] 2016@pS=k 6] 1938

1149

claim, complete with relevant documents, list of reliance

and witnesses with this Tribunal within 15 days of receipt

of the reference order and to forward a copy of such

statement of claim to the opposite parties involved in the

dispute. Despite directions so given, claimants opted not

to file their claim statement with the Tribunal.

3.

On receipt of the above reference, notice was sent

to the claimants as well as the management. Neither the

postal article, referred above, was received back nor was it

observed by the Tribunal that postal services remained

affected in the period, referred above. Therefore, every

presumption lies in favour of the fact that the above notice

was served upon the claimants. Despite service of the

notice, claimants opted to abstain away from the

proceedings. No claim statement was filed on their behalf.

Thus, it is clear that the claimants are not interested in

adjudication of the reference on merits.

4.

Since the claimants have neither put in their

appearance nor have they led any evidence so as to prove

their cause against the management, as such, this Tribunal

is left with no other alternative, except to pass a ‘No

Dispute/Claim’ award. Let this award be sent to the

appropriate Government, as required under Section 17 of

the Industrial Disputes Act, 1947, for publication.

March 14, 2016

A. C. DOGRA, Presiding Officer

ubZ fnYyh] 17 ekpZ] 2016

dk-vk- 565-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj lsaVªy cksMZ

vkWiQ lsdsaMjh ,tqds'ku] fnYyh 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;&1] fnYyh

ds iapkV (lanHkZ la- 328@2011) dks çdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 16@03@2016 dks çkIr gqvk FkkA

¹la- ,y&42012@97@2011&vkbZvkj (Mh;w)º

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

New Delhi, the 17th March, 2016

S.O. 565.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 328/

2011) of the Central Government Industrial Tribunal-cum-

Labour Court No. 1, Delhi now as shown in the Annexure

in the Industrial Dispute between the employers in relation

to the management of the Central Board of Education,

Delhi and their workmen, which was received by the

Central Government on 16/03/2016.

[No. L-42012/97/2011-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

IN THE COURT OF SHRI AVTAR CHAND DOGRA,

PRESIDING OFFICER, CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

NO.1, DELHI

ID No. 328/2011

Shri Nawab Singh,

S/o Shri Sohan Pal,

Ghas Mandi Town & Post Bagpat,

Uttar Pradesh-201 101

...Workman

Versus

The Secretary,

Central Board of Secondary Education,

2, Samudain Centre, Preet Vihar,

Delhi-110 092

...Management

AWARD

Reference under Clause (d) of Sub Section(1) and

sub-section 2(A) of Section 10 of the Industrial Disputes

Act, 1947 was received from the appropriate Government

vide letter No.L-42012/97/2011-IR(DU) dated 10.10.2011 to

the following effect:

“Whether the action of the management of Central

Board of Secondary Education in removing Shri

Nawab Singh S/o Shri Sohan Pal from the seniority

list and consequent his removal from employment

with effect from 28.04.2006 is legal and justified?

What relief the workman is entitled to?”

2.

Factual matrix as contained in the statement of claim

shows that Central Board of Secondary Education (in short

the management ) had employed Shri Nawab Singh, the

workman herein, as Daily Wage Junior Assistant and was

being paid wages of around Rs.6000.00 per month. He put

in more than 240 days and served the management most

sincerely, honestly and diligently and did not give any

chance of complaint during his entire tenure. He was

being deprived of statutory benefits despite his persistent

demands. His services were terminated illegally by the

management on 28.04.2006. No information regarding

regularization nor conducting of a test on 21.01.2011 was

conveyed to him.

3.

Pursuant to order dated 12.02.2004 of the Hon’ble

High Court of Delhi, management prepared seniority list

of daily wages workmen and the name of the workman

herein figured on page 2 at serial no.29 and it was

incumbent upon the management to have informed him

about the test conducted being conducted on 21.01.2011.

This act of the management amounts to violation of Article

156 and 157. Thereafter a fresh seniority list was prepared

by the management in which his name was deleted. This

action of the management is illegal, bad, unjust and

malafide as the workman herein is a regular employee

1150

THE GAZETTE OF INDIA : MARCH 26, 2016/CHAITRA 6, 1938

[PART II—SEC. 3(ii)]

having worked for 240 days in each calendar year and is in

violation of Section 25F, G, H of the ID Act, 1947(in short

the Act). His services terminated orally without assigning

any reason, without service of charge sheet, memo, no

departmental enquiry was conducted and no opportunity

of being heard was given to him. He is unemployed since

the date of his termination. Finally, a prayer has been

made to reinstate him in service with all consequential

benefits.

4.

Demurral was made by the management taking

various preliminary objections, viz. CBSE is an autonomous

body, strict confidentiality is required to be maintained

by the employees and the reference is much belated and

suffers from delay and latches. The workman herein was

a daily wager employed by the management from time to

time as per the seniority list prepared by the management

in accordance with the directions of the Hon’ble High

Court. In April 2006 claimant was assigned duties of Junior

Assistant in Regional Office, Delhi and was assigned duty

in Examination branch, where he was found indulging in

doubtful activity. Report to this effect was sent to the

Controller of Examinations that services of the workman

were no longer required and his services were discontinued

with effect from 28.04.2006. Further management has

denied the material averments contained in the statement

of claim. It has been prayed that the claim be dismissed

with costs.

5.

Against this factual background, my learned

predecessor vide order dated 28.02.2012, framed the

following issues:

(i)

Whether the claimant has rendered continuous

service of 240 days or more in preceding twelve

months from the date of termination of his

services, as contemplated by Section 25B of

the ID Act?

(ii)

Whether the act of terminating services of the

claimant amounts to retrenchment within the

meaning of section 2(oo) of the ID Act?

(iii)

Whether the act of the management in

terminating services of the claimant is violative

of provisions of section 25F, 25G and 25H of

the ID Act?

(iv)

As in terms of reference.

6.

Claimant entered the witness box to testify facts.

Ms.Dharini S. Arun, Deputy Secretary, unfolded facts on

behalf of the management. No other witness was examined

by either of the parties.

7.

I have heard Shri Mohd. Shawaz, authorized

representative for the claimant and Shri Sanjay Khanna,

authorized representative on behalf of the management

and my findings are as under:

Finding on Issue No.1

8.

The first and foremost question in the case in hand

is as to whether the workman herein has rendered 240

days of continuous service as required under Section 25B

of the Act. In this regard, it is appropriate to refer to the

pleadings of the parties. It is clear from the averments

made in the statement of claim that the workman has

specifically averred that he was employed in February 1996

as daily wage Junior Assistant and has rendered more

than 240 days since the date of his appointment, in a

calendar year. It is not out of place to mention here that

the workman herein, alongwith other workmen filed a writ

petition before the Hon’ble High Court of Delhi titled

‘Bhoodev Sharma and others Vs. Union of India and

Others’, wherein direction was given by the Hon’ble High

Court for preparation of seniority list of daily wage peons

and Junior Assistants. There are also observations in

para 10 of the above judgement that, in fact, seniority list

was prepared without preparing a draft seniority list

without inviting objections from the concerned workmen.

It was against this background that the management was

ordered to invite fresh objections and prepare seniority

list in accordance with law and thereafter prepare final list

after hearing objections from the affected employees.

9.

Reply filed by the management in the present case

also shows that the workman herein was working with the

management as daily wager since 1998 as is evident from

para 1 of the reply. He was employed as Junior Assistant

on daily basis at Rs.143.00 per day. It is further averred

that in-between services were discontinued because his

credentials were found to be doubtful when he was

working in a sensitive branch, i.e. Examination branch of

Regional Office:Delhi. Resultantly, his services were

discontinued/terminated in the year 2006 as the workman

was found guilty of misconduct.

10.

Claimant herein, Shri Nawab Singh, has examined

himself as WW1 and stated that he was re-engaged in

February 1997 for a period of 6 months and was appointed

in 1998 on the strength of appointment letter Ex.WW1/2.

He has made reference to the writ petition filed in the year

2004, which was decided vide Ex.WW1/4. Thereafter,

management issued seniority list, copy of which is

Ex.WW1/5. He has specifically deposed that he has

worked for more than 240 days in 2000 and thereafter in

2002 and 2003. In 2003, he was issued fresh letter of

appointment Ex.WW1/6 and Ex.WW1/7. He was again re-

engaged in 2004 vide letter Ex,WW1/8. He has stated in

his cross examination that his services were terminated in

2006 and he is unemployed since 28.04.2006. He has

denied all other material suggestions put to him by the

management. During the course of arguments, it was not

disputed even on behalf of the management that after 1997,

the workman was in the employment of the management

and this fact has duly been admitted in para 1 of the written

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 26] 2016@pS=k 6] 1938

1151

statement also. When the workman has deposed that he

has worked for more than 240 days in a calendar year, in

that eventuality, it was incumbent upon the management

to have produced the relevant record pertaining to his

attendance. Since the workman, after 1997 has worked

with the management till the date of his termination with a

few breaks, as such, it is reasonable to hold that the

workman was in continuous services as required under

Section 25B of the Act. It is pertinent to note here that no

evidence has been led by the management to the contrary.

Accordingly, this issue is decided in favour of the workman

and against the management.

Finding on Issue No.2 and 3

11.

Both these issues are being taken up together for

the purpose of discussion and they are inter-related and

can be conveniently disposed of. It is clear from perusal

of the seniority list Ex.WW1/5 that the name of the workman

herein finds mention at serial number 39 of the said list

and in the last column of the said list, i.e. date of initial

engagement and period, it is mentioned ’05.02.1996 to

05.05.1996’. It is thus clear that the workman herein in fact

was initially employed in February 1996. Further

memorandum Ex.WW1/1 issued by Regional Office:Delhi

of Central Board of Secondary Education dated 05.01.1996

clearly shows that the name of the workman was sponsored

by the Employment Exchange and interview for the post

was held on 22.01.1996, as a result of which he was given

employment for 89 days only. It was not disputed during

the course of arguments that casual daily wagers, as per

practice, was given employment for 89 days and if his

conduct was found satisfactory, then such workmen would

be re-employed by the management. Vide letter Ex.WW1/

2 dated 03.01.1998, claimant herein was asked to give his

consent to the Section Officer at CBSE, Community Centre

for his appointment as Junior Assistant on daily wages.

Workman herein reported for duties on 16.01.1998 in

consequence to the above letter. Letter dated 16.01.1998

Ex.WW1/3 further shows that the workman was allotted

duty at PMT unit to work as daily wager junior assistant

with effect from 16.01.1998 till further orders. His

qualification was mentioned as intermediate. Not only

this, even thereafter, the workman was issued memorandum

dated 17.02.2003 for appointment as Junior Assistant on

daily wages and the workman herein joined duty in

response to the above letter. There is another

memorandum Ex.WW1/7 which shows that the workman

alongwith other employees were asked to join duty at

Preet Vihar within 10 days of receipt of the letter and the

workman gave his joining within the stipulated period.

Letter WW1/8 shows that the workman was employed as

daily wager junior Assistant with effect from 06.02.2004 to

30.06.2004. There is another letter Ex.WW1/9 which shows

that the workman herein, Shri Nawab Singh alongwith

others was deputed in the office of Controller of

Examinations on daily wage basis. This memorandum

WW1/10 dated 18.01.2005 again shows that the workman

was in the employment of the management at Preet Vihar

during the year 2005 and he joined duty in 2005 within 10

days as ordered by the management. Thus, it is clear from

the documents discussed above that the workman herein

was doing the job as daily wager junior Assistant in

Examination department and lastly he was deputed for the

job at Preet Vihar and remained there till his termination in

2006. It is clear from the reply filed by the management

that the workman herein was employed as daily wager by

Central Board of Secondary Education from time to time

and appeared in the seniority list prepared in accordance

with directions of the Hon’ble High Court and in April

2006 the workman was assigned duty as Junior Assistant

at Regional Office:Delhi, Examination branch. It is clear

from para 4 and 5 of the written statement that since the

workman did not maintain secrecy and confidentiality in

the ongoing work of preparing results of Class X and Class

XII during the examination conducted by CBSE, the Joint

Secretary, Regional Office informed the Controller of

Examinations vide his note dated 26.04.2006 that services

of the workman were no longer required in Regional

Office:Delhi. Based on the said report, Controller of

Examinations also recommended for discontinuation of

services of the workman vide order dated 27.04.2006, which

was confirmed by the competent authority. Accordingly,

services of the workman were discontinued with effect

from 28.04.2006.

12.

It is neither in doubt nor in dispute that before order

of termination or discontinuation of the job of the workman

herein vide order dated 28.04.2006 no show cause notice

was issued to the workman herein nor any explanation

from him, in writing, regarding any kind of misconduct

was sought by the officials of the management.

13.

Shri Nawab Singh has stated in his cross examination

that no notice or pay in lieu thereof was given to him , no

memo was served or enquiry was conducted by the

management nor any retrenchment compensation was

paid. He has sought his reinstatement by moving a letter

Ex.WW1/11. Thereafter, another letter Ex.WW1/12 was

given to the management. It is clear from contents of the

above two letters that service of the workman was

terminated and his name was removed from the seniority

list by the management.

14.

Management, in order to rebut the case of the

workman herein, examined Ms.Dharini S Arun, Deputy

Secretary, CBSE, Regional Office:Delhi as MW1. She has

tendered in evidence her affidavit Ex.MW1/A. The

affidavit is on similar lines as the stand taken in the written

statement. She has admitted that as per official record, the

workman herein was initially engaged on 05.02.1996 and

in that year, he was not engaged thereafter. Thereafter, he

was engaged for a short period from 16.01.1997 to

18.02.1998. He served the management from 11.01.1999 to

1152

THE GAZETTE OF INDIA : MARCH 26, 2016/CHAITRA 6, 1938

[PART II—SEC. 3(ii)]

31.03.1999. In the year 2004, the claimant was engaged

from 06.02.2004 to 30.06.2004. Lastly he served the

management from 04.01.2006 to 27.06.2006 and he was not

engaged thereafter. To a question she has admitted that

there is no document available on record as to what action

was initiated on letter Ex.WW1/9. It is not out of place to

mention here that vide letter dated 29.01.2004, Ex.WW1/9

it was desired by the Personal Assistant of Controller of

Examinations that due to ongoing pressure of the

compartment examination and other activities for

preparation of next year’s examinations, term of Shri Nawab

Singh Junior Assistant alongwith two other workmen be

extended for 3 months. This letter further proves that

there was need to engage workmen on account of holding

examinations etc. She has deposed in her cross examination

that on account of doubtful credentials, workman herein

was removed from service . She has made a further vital

admission that the workman herein was not issued any

notice before his termination. She was not knowing with

whom he was talking. Further , she could not say whether

any complaint was received against the workman during

the period 1996 to 28.04.2006. It is pertinent to mention

here the workman herein was personally known to

Ms.Dharini S Arun, MW1. Though she stated that a note

was received from Controller of Examination Shri Pawan

Kumar regarding his conduct , but the said note is not

produced on the file nor mentioned in the written statement.

She further admitted that when some irregularity is

committed by a daily wager, normally a memo is issued.

15.

It is clear from the resume of evidence on record that

no memo was issued to the workman herein before order

of termination in April 2006 nor any explanation in writing

was sought from the said workman. Admittedly, no enquiry

of any kind was conducted before termination of services

of the workman herein.

16.

To my mind, gross violation of principles of natural

justice has been caused to him. It is not the case of the

management that no work was available with the

management as a result of which services of the workman

was dispensed with. Rather, due to pressure of work there

was always need to deploy more workmen during conduct

of examinations. Workman has not been paid any kind of

retrenchment compensation or one month pay in lieu

thereof before ordering his termination in April 2006.

17.

Hon’ble Apex Court in a number of cases has

highlighted the need for following principles of natural

justice while taking detrimental action against employees

or daily wagers. Constitution Bench of the Hon’ble Apex

Court in the case of AK Kraipak & Othrs vs. Union of

India & Ors. (AIR 1970 SC 150), held as under:

‘The concept of natural justice has undergone a

great deal of change in recent years.. In the past it

was thought that it included just two rules namely

(1) no one shall be a judge in his own case (Nemo

debet esse judex propria causa) and (2) no decision

shall be given against a party without affording him

a reasonable hearing (audi alteram partem). Very

soon there- after a third rule was envisaged and that

is that quasi- judicial enquiries must be held in good

faith, without bias and not arbitrarily or

unreasonably. But in the course of years many more

subsidiary rules came to be added to the rules of

natural justice.

The aforesaid decision was followed by this Court

in K.I. Shephard & Othrs. Vs. Union of India & Othrs.

(AIR 1988 SC 686) vide paras 12-15). It was held in

this decision that even administrative acts have to

be in accordance with natural justice if they have

civil consequences. It was also held that natural

justice has various facets and acting fairly is one of

them.’

18.

It is further clear that rules of natural justice are not

codified nor they are unvarying in all circumstances.

Rather, they are flexible. They may however be summarized

in one word ‘fairness’. In other words, what they require

is fairness by the authority concerned. Of course, what is

fair would depend on situation and the facts and

circumstances of the case. Since no formal enquiry was

initiated nor any show cause notice/memo was served

issued to the workman, in such a situation, onus was upon

the management to justify the circumstances under which

services of the workman were dispensed with. In this

regard, reliance was placed on Sudershan Rajput vs UP

State Road Transport Corporation (2015) 2 SCC 317)

wherein services of a driver of the Corporation was

terminated on account of – accident. Labour Court held

termination amounts to retrenchment and there is non-

compliance of provisions of the Act. When no enquiry

has been conducted burden of proof lies on the employer,

i.e. the Corporation . On facts too, it was held that the

Corporation has failed to discharge the said burden in the

absence of any formal enquiry. Situation in the case in

hand is in no way different inasmuch as no show cause/

memo was issued to the workman regarding his doubtful

credentials. It is not even clear from the evidence adduced

by the management as to on what date, month and year he

has committed the misconduct by leaking confidentiality

and committed acts which amounts to act of doubtful

integrity. In such circumstances, the Tribunal is of the

considered opinion that there is gross violation of

principles of natural justice and section 2(oo) of the Act.

There is also violation of provisions of section 25F of the

Act as no notice of one month or pay in lieu thereof was

given to the workman before his retrenchment/termination.

Thus, there is violation of provisions of Section 25H of

the act, which deals with procedure for retrenchment.

Thus, issue No.2 and 3 are also answered in favour of the

workman herein and against the management.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 26] 2016@pS=k 6] 1938

1153

Relief

As a sequel to the aforementioned discussion, it is held

that action of the management in retrenching/terminating

services of the workman herein from 28.04.2006 is illegal,

unjustified and against principles of natural justice. The

same is also held to be in violation of provisions of section

25F and G of the Act. Necessary corollary to my above

discussion is that the workman is entitled to be taken back

in service with all consequential benefits from the date of

his termination. 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 : March 14, 2016

A. C. DOGRA, Presiding Officer

ubZ fnYyh] 17 ekpZ] 2016

dk-vk- 566-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dykorh cky

fpfdRlky; ,aM vnlZ 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 ,oa Je U;k;ky;&1] fnYyh ds iapkV

(lanHkZ la- 201@2015) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj

dks 16@03@2016 dks çkIr gqvk FkkA

¹la- ,y&42011@102@2015&vkbZvkj (Mh;w)º

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

New Delhi, the 17th March, 2016

S.O. 566.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 201/

2015) of the Central Government Industrial Tribunal-cum-

Labour Court No. 1, Delhi now as shown in the Annexure

in the Industrial Dispute between the employers in relation

to the management of the Kalawati Bal Chikitsalya and

Others and their workmen, which was received by the

Central Government on 16/03/2016.

[No. L-42011/102/2015-IR (DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

IN THE COURT OF SHRI AVTAR CHAND DOGRA,

PRESIDING OFFICER, CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

NO.1, DELHI

ID No. 201/2015

Shri Sashi Kumar,

C/o Bharitiya Engineering &

General Mazdoor Union,

Bharat Mill, Charkhi Gate Market,

Plot No.1, (near D Block), Karampura,

New Delhi 110 015

...Workman

Versus

1.

The Manager,

M/s. Kalawati Bal Chikitsalaya,

Bangla Sahib Road,

New Delhi-110 001

2.

M/s. Vigilant Security Placement and

Detective Services Pvt. Ltd.,

P-23, Old Double Storey, Lajpat Nagar,

New Delhi-110 024

...Management

AWARD

Central Government, vide letter No.L-42011/102/2015-

IR(DU) dated 08.09.2015, referred the following industrial

dispute to this Tribunal for adjudication:

“Whether the workman, Shri Sashi Kumar, entitled

for reinstatement with effect from 09.05.2012? If not

to what relief are they are entitled to?”

2.

In the reference order, the appropriate Government

commanded the parties to the dispute to file statement of

claim, complete with relevant documents, list of reliance

and witnesses with this Tribunal within 15 days of receipt

of the reference order and to forward a copy of such

statement of claim to the opposite parties involved in the

dispute. Despite directions so given, claimant opted not

to file his claim statement with the Tribunal.

3.

On receipt of the above reference, notice was sent

to the claimant as well as the management. Neither the

postal article, referred above, was received back nor was it

observed by the Tribunal that postal services remained

affected in the period, referred above. Therefore, every

presumption lies in favour of the fact that the above notice

was served upon the claimant. Despite service of the

notice, claimant opted to abstain away from the

proceedings. No claim statement was filed on his behalf.

Thus, it is clear that the claimant is not interested in

adjudication of the reference on merits.

4.

Since the claimant has neither put in his appearance

nor has he led any evidence so as to prove his cause

against the management, as such, this Tribunal is left with

no other alternative, except to pass a ‘No Dispute/Claim’

award. Let this award be sent to the appropriate

Government, as required under Section 17 of the Industrial

Disputes Act, 1947, for publication.

March 14, 2016

A. C. DOGRA, Presiding Officer

ubZ fnYyh] 17 ekpZ] 2016

dk-vk- 567-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dykorh cky

1154

THE GAZETTE OF INDIA : MARCH 26, 2016/CHAITRA 6, 1938

[PART II—SEC. 3(ii)]

fpfdRlky; ,aM vnlZ 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 ,oa Je U;k;ky;&1] fnYyh ds iapkV

(lanHkZ la- 202@2015) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj

dks 16@03@2016 dks çkIr gqvk FkkA

¹la- ,y&42011@103@2015&vkbZvkj (Mh;w)º

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

New Delhi, the 17th March, 2016

S.O. 567.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 202/

2015) of the Central Government Industrial Tribunal-cum-

Labour Court No. 1, Delhi now as shown in the Annexure

in the Industrial Dispute between the employers in relation

to the management of the Kalawati Bal Chikitsalya and

Others and their workmen, which was received by the

Central Government on 16/03/2016.

[No. L-42011/103/2015-IR (DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

IN THE COURT OF SHRI AVTAR CHAND DOGRA,

PRESIDING OFFICER, CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

NO.1, DELHI

ID No. 202/2015

Shri Abdul Mahboob S/o Shri Gyasudin + 1

C/o Bharitiya Engineering &

General Mazdoor Union,

Bharat Mill, Charkhi Gate Market,

Plot No.1, (Near D Block), Karampura,

New Delhi-110 015

...Workman

Versus

1.

The Manager,

M/s. Kalawati Bal Chikitsalaya,

Bangla Sahib Road,

New Delhi-110 001

2.

M/s. Vigilant Security Placement and

Detective Services Pvt. Ltd.,

P-23, Old Double Storey, Lajpat Nagar,

New Delhi-110 024

...Management

AWARD

Central Government, vide letter No.L-42011/103/2015-

IR(DU) dated 08.09.2015, referred the following industrial

dispute to this Tribunal for adjudication:

“Whether the workmen, Shri Abdul Maboob, S/o

Mohd. Gyasudin & Shri Srikant, S/o Shri Kalloo

Prajapati, entitled for reinstatement with effect from

01.06.2012 & 25.06.2012 respectively? If not to what

relief are they entitled to?”

2.

In the reference order, the appropriate Government

commanded the parties to the dispute to file statement of

claim, complete with relevant documents, list of reliance

and witnesses with this Tribunal within 15 days of receipt

of the reference order and to forward a copy of such

statement of claim to the opposite parties involved in the

dispute. Despite directions so given, claimants opted not

to file their claim statement with the Tribunal.

3.

On receipt of the above reference, notice was sent

to the claimants as well as the management. Neither the

postal article, referred above, was received back nor was it

observed by the Tribunal that postal services remained

affected in the period, referred above. Therefore, every

presumption lies in favour of the fact that the above notice

was served upon the claimants. Despite service of the

notice, claimants opted to abstain away from the

proceedings. No claim statement was filed on their behalf.

Thus, it is clear that the claimants are not interested in

adjudication of the reference on merits.

4.

Since the claimants have neither put in their

appearance nor have they led any evidence so as to prove

their cause against the management, as such, this Tribunal

is left with no other alternative, except to pass a ‘No

Dispute/Claim’ award. Let this award be sent to the

appropriate Government, as required under Section 17 of

the Industrial Disputes Act, 1947, for publication.

March 14, 2016

A. C. DOGRA, Presiding Officer

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New Delhi, the 17th March, 2016

S.O. 568.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 200/

2015) of the Central Government Industrial Tribunal-cum-

Labour Court No. 1, Delhi now as shown in the Annexure

in the Industrial Dispute between the employers in relation

to the management of the Kalawati Bal Chikitsalya and

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1155

Others and their workmen, which was received by the

Central Government on 16/03/2016.

[No. L-42011/101/2015-IR (DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

IN THE COURT OF SHRI AVTAR CHAND DOGRA,

PRESIDING OFFICER, CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

NO.1, DELHI

ID No. 200/2015

Shri Shyam Sunder S/o Shri Vasant

C/o Bharitiya Engineering &

General Mazdoor Union,

Bharat Mill, Charkhi Gate Market,

Plot No.1, (Near D Block), Karampura,

New Delhi-110 015

...Workman

Versus

1.

The Manager,

M/s. Kalawati Bal Chikitsalaya,

Bangla Sahib Road,

New Delhi-110 001

2.

M/s. Vigilant Security Placement and

Detective Services Pvt. Ltd.,

P-23, Old Double Storey, Lajpat Nagar,

New Delhi-110 024

...Management

AWARD

Central Government, vide letter No.L-42011/101/2015-

IR(DU) dated 08.09.2015, referred the following industrial

dispute to this Tribunal for adjudication:

“Whether the workman, Shri Shyam Sunder, entitled

for reinstatement with effect from 01.06.2012? If not

to what relief is he entitled to?”

2.

In the reference order, the appropriate Government

commanded the parties to the dispute to file statement of

claim, complete with relevant documents, list of reliance

and witnesses with this Tribunal within 15 days of receipt

of the reference order and to forward a copy of such

statement of claim to the opposite parties involved in the

dispute. Despite directions so given, claimant opted not

to file his claim statement with the Tribunal.

3.

On receipt of the above reference, notice was sent

to the claimant as well as the management. Neither the

postal article, referred above, was received back nor was it

observed by the Tribunal that postal services remained

affected in the period, referred above. Therefore, every

presumption lies in favour of the fact that the above notice

was served upon the claimant. Despite service of the

notice, claimant opted to abstain away from the

proceedings. No claim statement was filed on his behalf.

Thus, it is clear that the claimant is not interested in

adjudication of the reference on merits.

4.

Since the claimant has neither put in his appearance

nor has he led any evidence so as to prove his cause

against the management, as such, this Tribunal is left with

no other alternative, except to pass a ‘No Dispute/Claim’

award. Let this award be sent to the appropriate

Government, as required under Section 17 of the Industrial

Disputes Act, 1947, for publication.

March 14, 2016

A. C. DOGRA, Presiding Officer

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064

and Published by the Controller of Publications, Delhi-110054.