1398 GI/2016

(1157)

fons'k ea=kky;

(lh-ih-oh- izHkkx)

ubZ fnYyh] 18 ekpZ] 2016

dk-vk- 569-—jktuf;d vkSj dksalqyh; vf/dkjh ('kiFk

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

(d) ds vuqlj.k esa oSèkkfud vkns'k A

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

Jh vfHk"ksd] lgk;d vuqHkkx vf/dkjh dks fnukad 18 ekpZ] 2016

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

ds fy, izkfèkd`r djrh gS A

¹la- Vh&4330@01@2016º

izdk'k pUn] mi lfpo (dksalqyj)

MINISTRY OF EXTERNAL AFFAIRS

(CPV DIVISION)

New Delhi, the 18th March, 2016

S.O. 569.—Statutory Order in pursuance of the clause

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

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- 14]

ubZ fnYyh] ekpZ 27—vizSy 2] 2016] 'kfuokj@pS=k 7—pS=k 13] 1938

No. 14]

NEW DELHI, MARCH 27—APRIL 2, 2016, SATURDAY/CHAITRA 7—CHAITRA 13, 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)

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

Government hereby appoints Shri Abhishek, ASO as

Assistant Consular Officer in Embassy of India, Minsk to

perform the Consular services with effect from

18th March, 2016.

[No. T-4330/01/2016]

PRAKASH CHAND, Dy. Secy. (Consular)

ubZ fnYyh] 22 ekpZ] 2016

dk-vk- 570-—jktuf;d vkSj dksalqyh; vf/dkjh ('kiFk

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

(d) ds vuqlj.k esa oSèkkfud vkns'k A

,rn~}kjk] dsaæ ljdkj Hkkjr ds iz/ku dksalykokl] c²e?ke

esa Jh v'kksd jkor] lgk;d vuqHkkx vf/dkjh dks fnukad

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

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

¹la- Vh&4330@01@2014º

izdk'k pUn] mi lfpo (dksalqyj)

1158

THE GAZETTE OF INDIA : APRIL 2, 2016/CHAITRA 13, 1938

[PART II—SEC. 3(ii)]

New Delhi, the 22nd March, 2016

S.O. 570.—Statutory Order in pursuance of the clause

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

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

Government hereby appoints Shri Ashok Rawat, ASO as

Assistant Consular Officer in Consulate General of India,

Birmingham to perform the Consular services with effect

from 22nd March, 2016.

[No. T-4330/01/2014]

PRAKASH CHAND, Dy. Secy. (Consular)

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

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

ubZ fnYyh] 22 ekpZ] 2016

dk-vk- 571.—dsUæ ljdkj] ,rn~}kjk fnYyh fo'ks"k iqfyl

LFkkiuk vf/fu;e] 1946 (1946 dk vf/fu;e la- 25) dh èkkjk

6 ds lkFk ifBr èkkjk 5 dh mi&/kjk (1) }kjk iznRr 'kfDr;ksa dk

iz;ksx djrs gq,] >kj[akM jkT; ljdkj] x`g dkjkxkj rFkk vkink

izca/u foHkkx] jkaph dh vfèklwpuk la- 10@lhchvkbZ&607@2015&5454

fnukad 03-09-2015 ds ekè;e ls izkIr lgefr ls jkaph ftys ds

fldfnjh gkbMy izkstsDV dh foÙkh; vfu;ferrkvksa rFkk mlls

lac¼ vijk/ksa esa fd, x, nq"izsj.kkvksa vkSj "kM;a=kksa rFkk mlh

laO;ogkj esa fd, x, vU; vijk/ksa dh tkap djus ds fy, fnYyh

fo'ks"k iqfyl LFkkiuk ds lnL;ksa dh 'kfDr;ksa vkSj {ks=kkfèkdkj dk

leLr >kj[akM jkT; esa foLrkj djrh gSA

[iQk- la- 228@43@2015&,ohMh&II]

eks- unhe] voj lfpo

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES

AND PENSIONS

(Department of Personnel and Training)

New Delhi, the 22nd March, 2016

S.O. 571.—In exercise of the powers conferred by

sub-section (1) of section 5 read with section 6 of the

Delhi Special Police Establishment Act, 1946 (Act No. 25

of 1946), the Central Government with the consent of the

State Government of Jharkhand , Home Prisons and

Disaster Management Department, Ranchi vide

Notification No.-10/C.B.I.-607/2015-5454 dated 03.09.2015,

hereby extends the powers and jurisdiction of the members

of the Delhi Special Police Establishment to the whole of

the State of Jharkhand for investigation of financial

irregularities in Sikidiri Hydel Project in Ranchi District,

the abetment and conspiracy in relation to or in connection

with the said offences and any other offences in the

aforesaid transaction.

[F. No. 228/43/2015-AVD-II]

Md. NADEEM, Under Secy.

foÙk ea=kky;

(foÙkh; lsok,a foHkkx)

ubZ fnYyh] 23 ekpZ] 2016

dk-vk- 572-—Hkkjrh; fu;kZr&vk;kr cSad vfèkfu;e]

1981 (1981 dk 28) dh /kjk 6 dh mi&/kjk (1) ds [kaM (Ä)

ds mi&[kaM (>) }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs gq,] dsUnzh;

ljdkj] ,rn~}kjk] Jh vferkHk dkar ds LFkku ij Jh jes'k vfHk"ksd

(vkbZ,,l % fcgkj % 1982)] lfpo] vkS|ksfxd uhfr ,oa laoèkZu

foHkkx (MhvkbZihih) dks vxys vkns'kksa rd Hkkjrh; fu;kZr&vk;kr

cSad (,fDte cSad) ds funs'kd eaMy esa funs'kd ukfer djrh gS A

¹iQk- la- 24@27@2002&vkbZ,iQ&I (Vol-VIº

lkSE;kthr ?kks"k] voj lfpo

MINISTRY OF FINANCE

(Department of Financial Services)

New Delhi, the 23rd March, 2016

S.O. 572.—In exercise of the powers conferred by

sub-clause (i) of Clause (e) of sub-section (1) of Section 6

of the Export Import Bank of India Act, 1981 (28 of 1981),

the Central Government hereby nominates Sh. Ramesh

Abhishek (IAS : BH : 1982), Secretary Department of

Industrial Policy and Promotion (DIPP), as Director on the

Board of Directors of Export Import Bank of India (EXIM

Bank) vice Sh. Amitabh Kant until further orders.

[F. No. 24/27/2002-IF-I (Vol-VI) ]

SOUMYAJIT GHOSH, Under Secy.

dks;yk ea=kky;

ubZ fnYyh] 4 ekpZ] 2016

dk-vk- 573-—dks¯dx dks;yk [kku (jk"Vªh;dj.k)

vfèkfu;e] 1972 dh /kjk 20 ds mi&[k.M (2) rFkk dks;yk

[kku (jk"Vªh;dj.k) vf/fu;e] 1973 dh /kjk 17 ds mi&[k.M

(1) ds varxZr 'kfDr;ksa dk iz;ksx djrs gq,] dsUæ ljdkj] ,rn~}kjk

dks;yk fu;a=kd] dks;yk fu;a=kd laxBu] dksydkrk dks mDr

vfèkfu;e ds varxZr Hkqxrku vk;qDr dks lkSais x, dk;ks± dk

rRdky izHkko ls rFkk vxys vkns'kksa rd fu"iknu djus ds fy,

fu;qDr djrh gS A

[la- 18@8@2015&,,lvks]

lathc HkV~Vkpk;Z] voj lfpo

MINISTRY OF COAL

New Delhi, the 4th March, 2016

S.O. 573.—In exercise of the powers conferred under

sub-section (2) of section 20 of the Coking Coal Mines

(Nationalisation) Act, 1972 and sub-section (1) of section

17 of the Coal Mines (Nationalisation) Act, 1973 the Central

Government hereby appoints the Coal Controller in Coal

Controller’s Organisation, Kolkata to perform the functions

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vizSy 2] 2016@pS=k 13] 1938

1159

assigned to the Commissioner of Payments under the said

Acts with immediate effect and until further orders.

[No. 18/8/2015-ASO]

SANJIB BHATTACHARYA, Under Secy.

Je ,oa jkstxkj ea=kky;

ubZ fnYyh] 11 ekpZ] 2016

dk-vk- 574-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ chlhlh,y

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

vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k@Je U;k;ky; ua- 1] /uckn ds iapkV (lanHkZ la[;k

10@1997) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 11-03-

2016 dks izkIr gqvk FkkA

[la- ,y&20012@71@1995&vkbZvkj (lh&I)]

,e- ds- ¯lg] vuqHkkx vf/dkjh

MINISTRY OF LABOUR AND EMPLOYMENT

New Delhi, the 11th March, 2016

S.O. 574.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award of the Central Government

Industrial Tribunal-cum-Labour Court No. 1, Dhanbad (Ref.

No. 10 of 1997) as shown in the Annexure in the Industiral

Dispute between the employers in relation to the

management of M/s. BCCL and their workmen, which was

received by the Central Government on 11.03.2016.

[No. L-20012/71/1995-IR (C-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO.1, DHANBAD

In the matter of reference U/s 10 (1) (d) (2A) of

I.D. Act, 1947

Reference No. 10/1997

Employer in relation to the management of

Bhowra O.C.P. of M/s. BCCL

AND

Their workmen

Present : Sri R. K. Saran, Presiding Officer

Appearances:

For the Employers

:

Sri D.K. Verma, Advocate

For the Workman

:

None

State : Jharkhand

Industry : Coal

Dated : 20/01/2016

AWARD

By Order No. L-20012 /71/1995-IR(C-1) dated 27/12/

1996, the Central Government in the Ministry of Labour

has, in exercise of the powers conferred by clause (d) of

sub –section (1) and sub-section (2A) of section 10 of the

Industrial Disputes Act, 1947 referred the following dispute

for adjudication to this Tribunal:

SCHEDULE

“Whether the action of management in denying the

regularization as assistant foremen with effect from

25/01/1991 to Sh. Deosaran Singh is legal and

justified? If not what relief the workman is entitled?”

2.

After receipt of the reference, both parties are

noticed. But appearing for certain dates none appears

subsequently on behalf of the workman. Case remains

pending. It is felt that the disputes between the parties

have been resolved in the meantime. Hence No Dispute

Award is passed. Communicate.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 16 ekpZ] 2016

dk-vk- 575-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ lhlh,y ds

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

esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèkdj.k@Je

U;k;ky; ua- 1] /uckn ds iapkV (lanHkZ la[;k 3@1995) dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 16-03-2016 dks izkIr

gqvk FkkA

[la- ,y&20012@446@1993&vkbZvkj (lh,e&I)]

,e- ds- ¯lg] vuqHkkx vf/dkjh

New Delhi, the 16th March, 2016

S.O. 575.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award of the Central Government

Industrial Tribunal-cum-Labour Court No. 1, Dhanbad (Ref.

No. 3 of 1995) as shown in the Annexure in the Industiral

Dispute between the employers in relation to the

management of M/s. CCL and their workmen, which was

received by the Central Government on 16.03.2016.

[No. L-20012/446/1993-IR (CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO.1, DHANBAD

In the matter of reference U/s 10 (1) (d) (2A) of

I.D. Act, 1947

Reference No. 3/1995

1160

THE GAZETTE OF INDIA : APRIL 2, 2016/CHAITRA 13, 1938

[PART II—SEC. 3(ii)]

Employer in relation to the management of

Pindra Colliery of M/s. CCL

AND

Their workmen

Present : Sri R. K. Saran, Presiding Officer

Appearances:

For the Employers

:

Sri D.K. Verma, Advocate

For the Workman

:

None

State : Jharkhand

Industry : Coal

Dated : 24/02/2016

AWARD

By Order No. L-20012 /446/93-IR(CM-1) dated

28/12/1994, the Central Government in the Ministry of

Labour has, in exercise of the powers conferred by clause

(d) of sub –section (1) and sub-section (2A) of section 10

of the Industrial Disputes Act, 1947 referred the following

dispute for adjudication to this Tribunal:

SCHEDULE

“ Whether the action of the management of Pindra

Colliery under Kuju Area, P.O-Kuju, Distt-Hazaribagh

in not regularizing Shri M.L.Dutta as Pit Supervisor

w.e.f. 01.02.1992 and not paying him, the difference

of wages w.e.f. 21.11.1990 is justified? If not , to

what relief is the workman entitled?”

2.

After receipt of the reference, both parties are

noticed. But none appears on behalf of the workman.

Case remains pending. It is felt that the disputes between

the parties have been resolved in the meantime. Hence No

Dispute Award is passed. Communicate.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 16 ekpZ] 2016

dk-vk- 576-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ chlhlh,y

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

vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k@Je U;k;ky; ua- 1] /uckn ds iapkV (lanHkZ la[;k

16@1994) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 16-03-

2016 dks izkIr gqvk FkkA

[la- ,y&20012@16@1993&vkbZvkj (lh&I)]

,e- ds- ¯lg] vuqHkkx vf/dkjh

New Delhi, the 16th March, 2016

S.O. 576.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award of the Central Government

Industrial Tribunal-cum-Labour Court No. 1, Dhanbad (Ref.

No. 16 of 1994) as shown in the Annexure in the Industiral

Dispute between the employers in relation to the

management of M/s. BCCL and their workmen, which was

received by the Central Government on 16.03.2016.

[No. L-20012/16/1993-IR (C-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO.1, DHANBAD

In the matter of reference U/s 10 (1) (d) (2A) of

I.D. Act, 1947

Reference No. 16/1994

Employer in relation to the management of

Godhur Colliery of M/s. BCCL

AND

Their workmen

Present : Sri R. K. Saran, Presiding Officer

Appearances:

For the Employers

:

None

For the Workman

:

None

State : Jharkhand

Industry : Coal

Dated : 26/02/2016

AWARD

By Order No. L-20012 /16/1993-IR(C-1) dated 16/02/

1994, the Central Government in the Ministry of Labour

has, in exercise of the powers conferred by clause (d) of

sub –section (1) and sub-section (2A) of section 10 of the

Industrial Disputes Act, 1947 referred the following dispute

for adjudication to this Tribunal:

SCHEDULE

“Whether the action of the management of Godhur

Colliery of M/s. B.C.C.L in not referring the workman

Sri Mani Saw, Timber Mazdoor to Medical Board

for assessment of his age is justified ? If not, to

what relief is the workman entitled for?”

2.

After receipt of the reference, both parties are

noticed. Though they took steps for certain dated,

Subsequently did not take any interest in the case by the

parties. It is resumed that the disputes between the

parties have been resolved in the meantime. Hence, No

Dispute Award is passed.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 16 ekpZ] 2016

dk-vk- 577-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ chlhlh,y

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

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vizSy 2] 2016@pS=k 13] 1938

1161

vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k@Je U;k;ky; ua- 1] /uckn ds iapkV (lanHkZ la[;k

29@2014) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 16-03-

2016 dks izkIr gqvk FkkA

[la- ,y&20012@11@2014&vkbZvkj (lh,e&I)]

,e- ds- ¯lg] vuqHkkx vf/dkjh

New Delhi, the 16th March, 2016

S.O. 577.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award of the Central Government

Industrial Tribunal-cum-Labour Court No. 1, Dhanbad (Ref.

No. 29 of 2014) as shown in the Annexure in the Industiral

Dispute between the employers in relation to the

management of M/s. BCCL and their workmen, which was

received by the Central Government on 16.03.2016.

[No. L-20012/11/2014-IR (CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO.1, DHANBAD

In the matter of reference U/s 10 (1) (d) (2A) of

I.D. Act, 1947

Reference No. 29/2014

Parties :

Employer in relation to the management of

Kustore Area of M/s. BCCL

AND

Their workmen

Present : Sri R. K. Saran, Presiding Officer

Appearances:

For the Employers

:

Sri S.N. Ghosh, Advocate

For the Workman

:

Sri D.N. Banerjee, Advocate

State : Jharkhand

Industry : Coal

Dated : 29/02/2016

AWARD

By order No. L-20012/11/2014/ IR (CM-I), dated

04/03/2014, the Central Government in the Ministry of

Labour has, in exercise of the powers conferred by clause

(d) of sub -section (1) and sub-section (2A) of section 10

of the Industrial Disputes Act, 1947 referred the following

dispute for adjudication to this Tribunal:

SCHEDULE

“Whether the action of the management of Kustore

Colliery under M/s BCCL in not regularising Sri

Ram Kumar Saw to the post of cap Lamp Fitter is fair

and justified? To what relief the concerned workman

are entitled to?”

2.

This case is received from the Ministry of Labour on

18/03/2014. After receipt of the reference, both parties are

noticed. The workman files their written statement on

20/05/2014 , and the management files their written

statement-cum-rejoinder on 31.03.2015. Thereafter

rejoinder filed by the workman. No witness adduced by

both side, and no document marked by either side.

3.

Short point to be decided in the case is whether the

workman will get the designation of Cap Lamp Fitter or not.

4.

During the hearing of the case, the workman

representative submitted that he in the meantime got the

scale of cap Lamp Fitter, which is category IV Scale. But

he has not given the designation. But the workman unable

to prove how he will entitle to the designation of the cap

Lamp Fitter nor filed any document in his support.

Therefore, giving the designation of Cap Lamp Fitter is

not possible. Now the workman got his scale is sufficient

for him.

This is my award.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 16 ekpZ] 2016

dk-vk- 578-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ chlhlh,y

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

vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k@Je U;k;ky; ua- 1] /uckn ds iapkV (lanHkZ la[;k

55@2013) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 16-03-

2016 dks izkIr gqvk FkkA

[la- ,y&20012@50@2013&vkbZvkj (lh,e&I)]

,e- ds- ¯lg] vuqHkkx vf/dkjh

New Delhi, the 16th March, 2016

S.O. 578.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award of the Central Government

Industrial Tribunal-cum-Labour Court No. 1, Dhanbad (Ref.

No. 55 of 2013) as shown in the Annexure in the Industiral

Dispute between the employers in relation to the

management of M/s. BCCL and their workmen, which was

received by the Central Government on 16.03.2016.

[No. L-20012/50/2013-IR (CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO.1, DHANBAD

In the matter of reference U/s 10 (1) (d) (2A) of

I.D. Act, 1947

1162

THE GAZETTE OF INDIA : APRIL 2, 2016/CHAITRA 13, 1938

[PART II—SEC. 3(ii)]

Reference No. 55/2013

Employer in relation to the management of

Lodna Coke Plant of M/s. BCCL

AND

Their workmen

Present : Sri R. K. Saran, Presiding Officer

Appearances:

For the Employers

:

Sri U.N. Lall, Advocate

For the Workman

:

None

State : Jharkhand

Industry : Coal

Dated : 23/02/2016

AWARD

By order No. L-20012 /50/2013-IR(CM-1) dated

13/12/2013, the Central Government in the Ministry of

Labour has, in exercise of the powers conferred by clause

(d) of sub-section (1) and sub-section (2A) of section 10

of the Industrial Disputes Act, 1947 referred the following

dispute for adjudication to this Tribunal:

SCHEDULE

“ Whether the action of the Management of Lodna

Coke Plant of M/s BCCL in fixing less wages after

conversion from P.R. Wagon Loaders to T.R General

Mazdoor-1 in respect of Smt. Chandra Patia Kamin

and 10 others is fair and justified? To what relief the

concerned workers are entitled to?”

Annexure

List of workmen

1. Smt. Chandrapati Kamin

2. Smt. Munni

3. Smt. Chhobi

4. Smt. Jirobi

5. Smt. Jamila Begam

6. Smt. Siya Devi

7. Smt. Kabutri

8. Smt. Shanti Kamin

9. Smt. Mehroon Bibi

10. Smt. Mangri Bhuini

11. Kaleshwar Pasi

2.

After receipt of the reference, both parties are

noticed. But none appears on behalf of the workman.

Case remains pending. It is felt that the disputes between

the parties have been resolved in the meantime. Hence No

Dispute Award is passed. Communicate.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 16 ekpZ] 2016

dk-vk- 579-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ lhlh,y ds

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

esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèkdj.k@Je

U;k;ky; ua- 1] /uckn ds iapkV (lanHkZ la[;k 74@1994) dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 16-03-2016 dks izkIr

gqvk FkkA

[la- ,y&20012@91@1993&vkbZvkj (lh&I)]

,e- ds- ¯lg] vuqHkkx vf/dkjh

New Delhi, the 16th March, 2016

S.O. 579.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award of the Central Government

Industrial Tribunal-cum-Labour Court No. 1, Dhanbad (Ref.

No. 74 of 1994) as shown in the Annexure in the Industiral

Dispute between the employers in relation to the

management of M/s. CCL and their workmen, which was

received by the Central Government on 16.03.2016.

[No. L-20012/91/1993-IR (C-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO.1, DHANBAD

In the matter of reference U/s 10 (1) (d) (2A) of

I.D. Act, 1947

Reference No. 74/1994

Employer in relation to the management of

Giddi “C” Colliery of M/s. CCL

AND

Their workmen

Present : Sri R. K. Saran, Presiding Officer

Appearances:

For the Employers

:

None

For the Workman

:

None

State : Jharkhand

Industry : Coal

Dated : 25/02/2016

AWARD

By order No. L-20012 /91/1993-IR(C-1) dated

16/03/1994, the Central Government in the Ministry of

Labour has, in exercise of the powers conferred by clause

(d) of sub -section (1) and sub-section (2A) of section 10

of the Industrial Disputes Act, 1947 referred the following

dispute for adjudication to this Tribunal:

SCHEDULE

“Whether the action taken against Shri Lal Mohamad

to demot him from Dumper Operator, Grade-1

(B-Group) to Helper / Greaser and stopping two

increment with cumulative effect by the management

of M/s Central Coalfield Ltd. is legal and justified ?

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vizSy 2] 2016@pS=k 13] 1938

1163

If not, to what relief, the concerned workman is

entitled.?”

2.

After receipt of the reference, both parties are

noticed. Though they took steps for certain dated,

Subsequently did not take any interest in the case by the

parties. It is resumed that the disputes between the

parties have been resolved in the meantime. Hence No

Dispute Award is passed.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 16 ekpZ] 2016

dk-vk- 580-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ chlhlh,y

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

vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k@Je U;k;ky; ua- 1] /uckn ds iapkV (lanHkZ la[;k

79@1994) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 16-03-

2016 dks izkIr gqvk FkkA

[la- ,y&20012@208@1993&vkbZvkj (lh&I)]

,e- ds- ¯lg] vuqHkkx vf/dkjh

New Delhi, the 16th March, 2016

S.O. 580.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award of the Central Government

Industrial Tribunal-cum-Labour Court No. 1, Dhanbad (Ref.

No. 79 of 1994) as shown in the Annexure in the Industiral

Dispute between the employers in relation to the

management of M/s. BCCL and their workmen, which was

received by the Central Government on 16.03.2016.

[No. L-20012/208/1993-IR (C-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO.1, DHANBAD

In the matter of reference U/s 10 (1) (d) (2A) of

I.D. Act, 1947

Reference No. 79/1994

Employer in relation to the management of

Kusunda Area of M/s. BCCL

AND

Their workmen

Present : Sri R. K. Saran, Presiding Officer

Appearances:

For the Employers

:

None

For the Workman

:

None

State : Jharkhand

Industry : Coal

Dated : 26/02/2016

AWARD

By order No. L-20012 /208/1993-IR(C-1) dated

29/03/1994, the Central Government in the Ministry of

Labour has, in exercise of the powers conferred by clause

(d) of sub –section (1) and sub-section (2A) of section 10

of the Industrial Disputes Act, 1947 referred the following

dispute for adjudication to this Tribunal:

SCHEDULE

“Whether the action of the management of

M/s Bharat Coking Coal Ltd Kusunda Area in not

referring the workman Sri Sukram Mahato. Drillman

to the medical Board for determination of his age is

justified ? If not, what relief is the concerned

workman entitled to.?”

2.

After receipt of the reference, both parties are

noticed. Though they took steps for certain dated,

Subsequently did not take any interest in the case . It is

resumed that the disputes between the parties have been

resolved in the meantime. Hence No Dispute Award is

passed.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 16 ekpZ] 2016

dk-vk- 581-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ ts-ih-

,fo,'ku ds izcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds

chp] vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k@Je U;k;ky;] dksydkrk ds iapkV (lanHkZ la[;k

10@2015) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks

16-03-2016 dks izkIr gqvk FkkA

[la- ,y&11012@06@2015&vkbZvkj (lh,e&I)]

,e- ds- ¯lg] vuqHkkx vf/dkjh

New Delhi, the 16th March, 2016

S.O. 581.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award of the Central Government

Industrial Tribunal-cum-Labour Court, Kolkata (Ref.

No. 10 of 2015) as shown in the Annexure in the Industiral

Dispute between the employers in relation to the

management of M/s. J.P. Aviation and their workmen, which

was received by the Central Government on 16.03.2016.

[No. L-11012/06/2015-IR (CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

AT KOLKATA

Reference No. 10 of 2015

1164

THE GAZETTE OF INDIA : APRIL 2, 2016/CHAITRA 13, 1938

[PART II—SEC. 3(ii)]

Parties:

Employers in relation to the management of M/s. J.P.

Aviation Services Pvt. Ltd.

A N D

Their workman

Present : Justice Dipak Saha Ray, Presiding Officer

Appearance :

On behalf of the

:

Mr. S.R. Saha, Ld. Counsel for

Management

M/s. J.P. Aviation Services

Pvt. Ltd.

Mr. Ranjan Ghosh, authorized

representative for M/s. Spice

Jet Airlines Ltd.

On behalf of the

:

None

Workmen/union

State: West Bengal

Industry: Civil Aviation

Dated: 1st March, 2016.

AWARD

By Order No.L-11012/06/2015-IR(CM-I) dated

26.02.2015 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:

“(I) Whether the action of the Management of M/s.

J.P. Aviation as contractor and M/s. Spice Jet as

principal employer in not effecting the DA which is

revised by the Central Government from time to time

and also not paying the salary in time every month

and also the continuous erroneous deduction of PF,

and also not paying the stipulated rate of overtime

for the extra hour of work and not addressing to the

shortage of workmen in cargo operation etc. are

justified? To what relief the workmen are entitled

to?”

2.

When the case is taken up today for hearing, none

appears on behalf of the union though the managements,

viz. M/s. J.P. Aviation Services Pvt. Ltd. and M/s. Spice

Jet Airlines Ltd. are represented by its Ld. Counsel and

authorized representative respectively. It appears from the

record that the union is absent for 2(two) consecutive

dates.

3.

From the above facts and circumstances it may

reasonably be presumed that the union is not interested

to proceed with the case further. So, no fruitful purpose

will be served in keeping the matter pending.

4.

In view of the above, instant reference is disposed

of by passing a “No Dispute Award”.

Dated, Kolkata,

The 1st March, 2016.

Justice DIPAK SAHA RAY, Presiding Officer

ubZ fnYyh] 21 ekpZ] 2016

dk-vk- 582-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

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

dkjiksjs'ku ,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- 85@2014) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj

dks 18-03-2016 dks çkIr gqvk FkkA

¹la- ,y&42011@69@2014&vkbZvkj (Mh;w)º

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

New Delhi, the 21st March, 2016

S.O. 582.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 85/2014)

of the Central Government Industrial Tribunal-cum-

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

in the Industrial Dispute between the employers in relation

to the management of the Delhi Metro Rail Corporation

and Others and their workmen, which was received by

the Central Government on 18.03.2016.

[No. L-42011/69/2014-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. 85/2014

The General Secretary,

Delhi Karamchari Sangh,

780, Balli Maran Bhartiya

Mazdoor Sangh Delhi Pradesh,

5293 Ajmeri Gate,

Delhi-110006

...Workman

Versus

1.

The Manager,

Delhi Metro Rail Corporation,

8 Jantar Mantar,.

New Delhi – 110 001

2.

The Manager,

M/s S.I. Services India Pvt. Ltd.

B-36-37, 2nd Floor, IDC,

M.G. Road, Sector 14

Gurgaon-122 001

...Management

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vizSy 2] 2016@pS=k 13] 1938

1165

AWARD

Central Government, vide letter No.L-42011/69/2014-

IR(DU) dated 09.09.2014, referred the following industrial

dispute to this Tribunal for adjudication:

“Whether the action of the management of S.I.

Services India Pvt. Ltd. in terminating the services

of Shri Shyam Kishore & 15 others is just, fair and

legal? If not to 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.

3.

On receipt of the above reference, notice was sent

to the claimant union as well as the management. Claimant

union filed claim statement in respect of only 10 claimants

out of 16. Thereafter, claimant union opted to abstain

away from the proceedings. No claim statement was filed

on behalf of the remaining 6 claimants. Thus, it is clear

that the claimant union is not interested in adjudication of

the reference on merits.

4.

Since the claimant union has failed to file claim

statement in respect of the remaining claimants despite

grant of various opportunities, 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 16, 2016

A.C. DOGRA, Presiding Officer

ubZ fnYyh] 22 ekpZ] 2016

dk-vk- 583-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

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

dkjiksjs'ku vkWiQ fnYyh lkmFk 'kkgnjk tksu ds çcaèkra=k ds lac¼

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

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

fnYyh ds iapkV (lanHkZ la- 6@2014) dks çdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 22-03-2016 dks çkIr gqvk FkkA

¹la- ,y&42012@72@2013&vkbZvkj (Mh;w)º

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

New Delhi, the 22nd March, 2016

S.O. 583.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 6/2014)

of the Central Government Industrial Tribunal-cum-

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

in the Industrial Dispute between the employers in relation

to the management of the Municipal Corporation of Delhi,

(South Shahdara Zone) and their workmen, which was

received by the Central Government on 22/03/2016.

[No. L-42012/72/2013-IR (DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-

CUM-LABOUR COURT-II, DELHI

Present : Shri Harbansh Kumar Saxena

I.D. No. 6/2014

Sh. Brij Pal S/o Sh. Shanu,

R/o 146, Old Anarkali , Krishna Nagar,

New Delhi -110051

...Workman

Versus

Deputy Commissioner (South Shahdara Zone)

MCD, Karkardooma,

Delhi -110051

...Management

Ex-parte AWARD

The Central Government in the Ministry of Labour

Vide Letter No.L-42012/72/2013(IR(DU)) dated 21.01.2014

referred the following Industrial Dispute to CGIT-cum-

Labour Court-II for adjudication :-

“Whether the decision of Dy. Commission, Shahdra

(South)Zone of MCD in treating the period of

suspension of Sh. Brij Pal, the Section 498 A of IPC

and debarring him from the consequential benefits

of difference of salary, suspension allowance, ACP,

difference of 6th pay commission etc. for that period

is just, fair and legal when he is already acquitted by

the Hon’ble High Court of Delhi against the charges

above? If no what relief the workman concerned is

entitled to ?”

Which was register as I.D No. 6/2014 and claimant

was called upon to file claim statement with in fifteen days

from date of service of notice. Which was required to be

accompanied with relevant documents and list of

witnesses.

After service of notice workman/claimant filed claim

statement on 29.05.2014. Through which he prayed as

follows:-

a)

Award compensation and damages of Rs. 10

lakhs in favour of the workman and against the

respondent /management.

b)

Set aside the office order vide reference no.

1430/SIO (P)/Vig./PC/2000/R 39 dt. 21.06.2011

of the respondent /management thereby direct

the management to release the full salary as it

was payable for the period from 2.4.2000 to 30

May 2011 to the workman alongwith all his

1166

THE GAZETTE OF INDIA : APRIL 2, 2016/CHAITRA 13, 1938

[PART II—SEC. 3(ii)]

service benefits whatsoever of any nature for

such period of times with interest as this Hon’ble

Court deem fit and proper.

c)

Direct the management /respondents to release

the amount of VI pay commission of the

workman /petitioner along with all arrears /

outstanding whatsoever related to such VI Pay

Commission with interest as this Hon’ble Court

deem fit and proper.

d)

Direct the respondents/management to consider

the seniority, promotion and provide all

increment, benefits of ACP Scheme for which

he is entitled from the day of beginning and

also direct the respondent/management to

release all his arrears, due and service benefits

which would accrue after considering all

possibility in interest of justice.

e)

Any other or further relief which this Hon’ble

Court deem fit and proper may be granted in

favour of workman /Petitioner and against the

Respondents /Management.

Inspite of several opportunities management has

not filed any reply. So case proceeded ex-parte against

management and fixed 31.3.2015 for ex-parte evidence of

workman.

On 31.3.2015 workman filed his affidavit. Which was

tendered on same day.

Thereafter I have heard the arguments of Ld. A/R

for the workman and fixed 14.1.2016 for order.

On 8.2.2016 Ld. A/R for the workman filed certified

copy of Judgment of criminal appeal passed.

Workman in support of his case filed certified copies

of Judgment of CRL.A. No. 176/2006 Roshni Versus state

and CRL.A.Nos. 39-41/2006 Brijpal & Ors. Versus State of

Delhi decided by Lordship of Delhi High Court on

17.02.2010.

Through which appeal of accused appellants Brijpal

& Ors. has been allowed and conviction of Sh. Brij Pal has

been set-aside and he has been acquitted u/s 498-A of

IPC.

Against aforesaid judgment no evidence in rebuttal

has been filed by respondent in the instant case . Although

as per question of determination No.1 of reference order.

Burden it lies on workman. Which has been proved by

workman through his reliable and unrebutted evidence.

So question of determination no.1 is liable to be decided

in favour of workman and against management. Which is

accordingly decided. Workman is entitled to relief as

prayed by him in prayer clause (b) and to (d) of claim

statement without interest.

Reference is also liable to be decided in favour of

workman and against management which is accordingly

decided and claim statement is partly allowed.

Ex-parte award is accordingly allowed and

management is directed to comply the award within period

of 2 months after expiry of period of available remedy

against this award.

Dated:-07/3/2016

HARBANSH KUMAR SAXENA, Presiding Officer

ubZ fnYyh] 22 ekpZ] 2016

dk-vk- 584-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj phiQ ,XthD;wfVo

viQlj] dSaVksuesaV cksMZ ,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] fnYyh

ds iapkV (lanHkZ la- 29@2015) dks çdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 22-03-2016 dks çkIr gqvk FkkA

¹la- ,y&13012@01@2015&vkbZvkj (Mh;w)º

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

New Delhi, the 22nd March, 2016

S.O. 584.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D. No. 29/2015)

of the Central Government Industrial Tribunal-cum-

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

in the Industrial Dispute between the employers in relation

to the management of the Chief Executive Officer,

Cantonment Board and Others and their workmen, which

was received by the Central Government on 22/03/2016.

[No. L-13012/01/2015-IR (DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-

CUM-LABOUR COURT-II, DELHI

Present : Shri Harbansh Kumar Saxena

I.D. No. 29/2015

Smt. Reeta Arya W/o

Sh. Rabindra Prakash Arya,

R/o Staff Quarters, Mallital,

Nainital-263002

Versus

Sh. Prakash BPO,

M/s. Prakash BPO,

Rep, Thr. Sh. Prakash Rakhari, Prop

G-24, Asthan Radheshyam Arcade,

Lakhanpur, Ram Nagar Nainital-244715

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vizSy 2] 2016@pS=k 13] 1938

1167

2. The Chief Executive Officer,

Cantonment Board,

Nainital-263002.

No DISPUTE AWARD

The Central Government in the Ministry of Labour

vide Letter No.L-13012/01/2015-IR(DU) dated 17.02.2015

referred the following Industrial Dispute to this Tribunal

for adjudication :-

“Whether the termination/removal of Smt. Reeta

Arya from the services of Cantt Board by M/s

Prakash BPO is justified? If not, what steps the

Cantonment Board, Nainital Should take and ensure

that she is reinstated in her job with full back wages?

On 11.03.2015 reference was received in this tribunal.

Which was register as I.D No. 29/15 and claimant was

called upon to file claim statement with in fifteen days

from date of service of notice. Which was required to be

accompanied with relevant documents and list of

witnesses.

Several opportunities given to workman to filed claim

statement . Neither workman nor any person on his behalf

has been appeared in the instant case nor claim statement

filed.

In this background there is no option to this tribunal

except to pass No Dispute Award because workman is

not interested to file his claim statement.

On the basis of which none of the party can be

directed to adduce its evidence. As it is case of no

pleadings and evidence of claimant. So No dispute Award

is liable to be passed.

No Dispute Award is accordingly passed.

Dated 28/02/2016

HARBANSH KUMAR SAXENA, Presiding Officer

ubZ fnYyh] 22 ekpZ] 2016

dk-vk- 585-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj iatkc uS'kuy cSad

ds izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp]

vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vf/dj.k@Je U;k;ky; ua- 1] fnYyh ds iapkV (lanHkZ la- 113@2013)

dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 22-03-2016 dks izkIr

gqvk FkkA

[la- ,y&39025@01@2010&vkbZvkj (ch&II)]

jfo dqekj] MsLd vf/dkjh

New Delhi, the 22nd March, 2016

S.O. 585.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 113/2013) of the

Central Government Industrial Tribunal-cum-Labour Court

No. 1, Delhi as shown in the Annexure in the Industrial

Dispute between the management of Punjab National Bank

and their workmen, received by the Central Government on

22.03.2016.

[No. L-39025/01/2010-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

IN THE COURT OF SHRI AVTAR CHAND DOGRA,

PRESIDING OFFICER, CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

NO.1, DELHI

ID No. 113/2013

Shri Jitender Kumar,

S/o Shri Ram Kishan,

R/- A – 491, Gali No.16,

Gagan Vihar, Bhopra,

Ghaziabad, Uttar Pradesh

...Workman

Versus

1.

The General Manager,

Punjab National Bank,

Head Office,

7, Bhikaji Cama Palace,

New Delhi 110 007

2.

The Manager,

Punjab National Bank,

Branch Kaushambi,

Ghaziabad, Uttar Pradesh

...Managements

AWARD

Present claim has been raised by Shri Jitender Kumar,

the workman herein under provisions of sub-section 2 of

Section 2A of the Industrial Disputes Act, 1947 (in short

the Act), averring therein that he was employed as sweeper

by Punjab National Bank ( hereinafter referred to as the

management) on 03.02.2000 and was posted at Extension

Counter Dabur India Ltd. under Preet Vihar branch, which

was later on merged with Kaushambi branch, of the

management in March 2010. He was also performing duties

of peon and record keeper and was require to work full

time from 9 a.m. till closing hours and sometimes even

upto 8 pm. He had an unblemished record. He was initially

paid Rs.1800 till December 2001, Rs.2000.00 per month upto

July 2004, Rs.2200.00 till September 2009, Rs.2600.00 till

May 2011, Rs.2000.00 for June 2011 and Rs.1500 for July

2011. When he protested against reduction of his wages

and for being paid less than the minimum wages, he was

terminated on 03.08.2011, without any notice, memo, charge

sheet nor any enquiry was conducted against him. He

was deprived of all legal benefits like provident fund, ESI,

paid leaves, overtime etc. Action of the management in

1168

THE GAZETTE OF INDIA : APRIL 2, 2016/CHAITRA 13, 1938

[PART II—SEC. 3(ii)]

terminating services of the workman herein is illegal,

malafide, unjustified and in violation of Section 25 F, G

and H of the Act and against principles of natural justice.

A prayer has been made that the management be directed

to reinstate the claimant will all consequential benefits.

2.

Demurral was made by the management claiming

that the workman was not employed by the management

on any substantive post but was merely a water/canteen

boy, hence not covered under the definition of ‘workman’

as defined under Section 2(s) of the Act. Extension

Counter at Dabur India Ltd. was merged with Kaushambi

branch but there was no question of transferring the

workman as he was doing some petty jobs, for which he

was duly paid by the management. It is inherent in the

engagement of a casual worker, he is engaged on day to

day basis depending upon the availability of work. Since

there was a water/canteen boy already working at

Kaushambi branch, services of the workman herein was

dispensed with. Copies of attendance register, vouchers,

registers etc. submitted by the claimant herein are forged

and fabricated. A complaint has also been registered

against him with the police in this regard. Finally, a prayer

has been made that since the claim does not merit any

consideration, the same may be rejected.

3.

Against this factual background, my learned

predecessor on the basis of the above pleadings, framed

the following issues vide a order dated 30.08.2013:

(i) Whether claimant had rendered continuous

service of 240 days in preceding 12 months from

the date of his termination?

(ii) Whether a casual employee has no right to seek

reinstatement, as claimed by the bank?

(iii) Whether claimant is entitled to relief of

reinstatement in service?

4.

Thereafter, matter was listed for evidence of the

claimant. More than a dozen opportunities was given to

the claimant to adduce evidence, but neither the claimant

nor any authorized representative on his behalf appeared

before this Tribunal to adduce evidence in the matter.

Thus, it is apparent that the claimant is no more interested

in progress of the case on merits.

6.

Since the workman has neither put in his appearance

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

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

no choice, except to pass a ‘No Dispute’ award. Let this

award be sent to the appropriate Government, as required

under Section 17 of the Industrial Disputes Act, 1947, for

publication.

Dated : February 3, 2016

A. C. DOGRA, Presiding Officer

ubZ fnYyh] 22 ekpZ] 2016

dk-vk- 586-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj lsaVªy cSad vkWiQ

bafM;k ds izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp]

vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vf/dj.k@Je U;k;ky;] y[kuÅ ds iapkV (lanHkZ la- 72@2001)

dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 22-03-2016 dks izkIr

gqvk FkkA

[la- ,y&12012@2@2001&vkbZvkj (ch&II)]

jfo dqekj] MsLd vf/dkjh

New Delhi, the 22nd March, 2016

S.O. 586.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 72/2001) of the

Central Government Industrial Tribunal-cum-Labour Court,

Lucnow as shown in the Annexure in the Industrial Dispute

between the management of Central Bank of India and their

workmen, received by the Central Government on

22.03.2016.

[No. L-12012/2/2001-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-

CUM-LABOUR COURT, LUCKNOW

PRESENT :

Rakesh Kumar, Presiding Officer

ID No. 72/2001

L-12012/2/2001-IR(B-II) dated 27.04.2001

BETWEEN :

Sri Sumitra Tewari w/o late Sri RA Tewari

2/566, Aliganj

Lucknow

AND

The Regional Manager

Central Bank of India

Regional Office, Hazratganj

Lucknow

AWARD

1.

By order No. L-12012/2/2001-IR(B-II) dated

27.04.2001 the Central Government in the Ministry of

Labour, New Delhi in exercise of powers conferred by

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

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

this industrial dispute between Smt. Sumitra Tiwari W/o

late Sri Ram Akshayver Teweari, Aliganj, Lucknow and

the Regional Manager, Central Bank of India, Regional

Office, Hazratganj, Lucknow for adjudication.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vizSy 2] 2016@pS=k 13] 1938

1169

2.

The reference under adjudication is:

“WHETHER

THE

ACTION

OF

THE

MANAGEMENT OF CENTRAL BANK OF INDIA

IN AWARDING PUNISHMENT OF DISMISSAL

UPON SRI RAM AKSHAYVER TEWARI VIDE

ORDER DATED 21.05.1994 AND ALSO

REJECTION OF APPEAL VIDE ORDER DATED

08.06.1996 WERE LEGAL AND JUSTIFIED? IF NOT,

WHAT RELIEF THE WIDOW OF THE WORKMAN

IS ENTITLED TO ?”

3.

The then Hon’ble Presiding Officer, CGIT, vide order

dated 27.02.2002 has asked the Government to substitute

the name of Smt. Sumitra Devi in place of late Sri Ram

Akshayver Tewari and to amend the reference order

suitably. Consequently, Central Government issued a

corrigendum and amendment was incorporated

accordingly.

4.

As per the claim statement wife of deceased workman

has submitted in brief, that her husband was working as

Clerk at Faizabad branch of the bank and he was promoted

from Sub-Staff to Clerk, and posted to work at Faizabad

and thereafter transferred to Lucknow. It has been alleged

in the claim statement that due to rivalry of employees

union, false complaints were sent against the workman

and his associates, the union exerted pressure on the bank,

and the workman was falsely implicated and the charge

sheet was served in connivance with the officials of

management.

5.

The applicant has further stated that another member

of the union Sri M.P. Mishra, Clerk belonged to the said

union, he was traped by the union and at behast of the

opposite party, was charge- sheeted and punished in

another case, has been exonerated from the charges, and

real guilty employees have not been punished by the

opposite party despite several efforts made by other

unions. It has been stated that the workman late Sri R.A.

Tewari filed appeal before the management and the mercy

appeal also made to the management, several reminders

were sent but could not get any fruitful result; he was

dismissed from service without any notice.

6.

As per the claim statement following 3 charges were

framed against him;

1. Mr. R.A.Tewari unauthorisedly opened HSS A/c

24383 fvg. Sri Bholanath Tewari in the ledger,

2. He inflated the balance twice,

3. He fraudulently withdrew Rs.9300/- from the said

A/c by forgiving the signatures of A/C holder.

7.

So called proceeding regarding the aforesaid charges

have been mentioned in brief in the claim statement. It has

further been asserted that the request of the workman’s

representative to obtain opinion of the expert was not

accepted by the management, the lady applicant has

pleaded that her husband did not get any relief despite his

appeal and mercy appeal etc., conciliation proceeding were

initiated before ALC ( C ), Lucknow and during conciliation

proceedings the workman expired, thereafter widow and

legal heir of the deceased employee but the opposite party

did not prefer to reply before the ALC ( C ) Lucknow. With

the above pleadings the applicant has requested to treat

her husband in service till the date of his death and for

payment of all wages etc. to the lady applicant. Request

for appointment on compassionate ground has also been

made by the widow.

8.

The applicant has filed certain documents as per the

list 5 dated 29.11.2001.

9.

The management has filed objection dated 16.08.2001

wherein the main allegations of the claim statement have

been denied. The opposite party has stated that the

workman is reported to have been died on 29.11.1999, the

claim cannot be filed by his wife, enquiry proceedings to

which she was not party cannot be challenged by her,

neither has she mentioned that opportunity was not

provided to her husband during the disciplinary enquiry,

her version could not be accepted by this court at this

later stage.

10.

It is submitted that the charge sheet No.RO/PRS/

DAD/92-93/10/295 dated 17.09.1992 was issued against

the claimant’s husband for his gross misconduct. A regular

departmental enquiry was held and the claimant was given

all opportunities to defend his case before the enquiry

officer. After the conclusion of the departmental enquiry,

the enquiry officer submitted his findings dated 10.02.1994

to the disciplinary authority and found that the charges

levelled against the claimant’s husband are proved beyond

all reasonable doubts. Claimant’s husband was given

opportunity to “Say” against the findings of the enquiry

officer by the disciplinary authority. The claimant’s

husband had chosen to exercise this right and offered his

comments to the disciplinary authority against the findings

of the enquiry officer. In turn the disciplinary authority

after considering the entire record of the enquiry containing

enquiry proceedings, exhibits, arguments put forth by both

the parties and submissions made by the claimant’s

husband found that the charges levelled against Mr.Tewari

vide chare sheet No. RO/PRS/DAD/92-93/10/295 dated

17.09.1992 as fully proved against him. Therefore, the

disciplinary authority vide his order dated 13.04.1994

proposed the punishment of “Dismissal from service

without notice” in terms of Clause 19.6 (a) of Bipartite

Settlement dated 19.10.1966, as amended upto-date. The

claimant’s husband was also given an opportunity to make

his submissions against the proposed punishment by the

disciplinary authority by offering him personal hearing

which took place on 17.05.1994 at 3 P.M. before the

disciplinary authority. After considering all aspects of the

matter, the disciplinary authority vides his order No. RO/

PRS/DA/12/94-95/77 dated 21.05.1994 awarded the

1170

THE GAZETTE OF INDIA : APRIL 2, 2016/CHAITRA 13, 1938

[PART II—SEC. 3(ii)]

punishment of “Dismissal from service without notice” to

the claimant’s husband.

11.

It is further submitted that claimant’s husband has

preferred his appeal before Appellate Authority, who also

gave him an opportunity of hearing on 07.06.1995 at Zonal

Office, Lucknow. The Appellate Authority vide order No.

ZO/PRS/VIG/AGM/AA/95-96/240 dated 08.06.1995

confirmed the order of disciplinary authority after

considering all facts, records and the submissions made

by the claimant’s husband in this regard. It is further

submitted that the claimant was well informed that there is

no provision of Mercy appeal in Bipartite Settlement. It is

also submitted that at this stage this matter was also raised

by the union of claimant’s husband in the joint discussions,

there also the management has informed the same to the

union also.

12.

The management has further asserted that claimant

has falsely, concocted and frivolous petition has filed with

ulterior motive; and it being untenable, is liable to be

rejected. Along with objection photo copies of several

documents including enquiry report have been filed by

the bank.

13.

In reply to the objection submitted by the opposite

party rejoinder has also been filed by the lady applicant,

reiterating the pleas taken in the claim statement. The

applicant has asserted that the domestic enquiry is void

and is based on false story to terminate the services of the

workman prejudiciously.

14.

After completion of the pleadings of the parties,

following preliminary issues were framed in the presence

of the parties vide order dated 22.04.2002:

(i) D;k foHkkxh; tkap mfpr ,oa U;k;laxr Fkh vFkok

ugha \ rFkk

(i) tkap vf/dkjh ds fu"d"kZ nqjkxzgiw.kZ (perverse) gSa

vFkok ugha \

The parties were called upon to adduce their

evidence on preliminary issues. The parties filed

documents in support of their respective case; but did not

adduce any oral evidence. However, both the parties

forwarded oral arguments on preliminary issues.

15.

After hearing the parties’ authorized representatives

of the parties and going through entire material available

on record, following orders were passed on preliminary

issues vide order dated 12.03.2015:

“It is evident from perusal of the documents filed as

well the court file, that there was no undue haste

during the enquiry proceedings, management

witness were examined in the knowledge of the

workman, he was provided opportunity to cross

examine in detail the management witnesses,

moreover, sufficient opportunity was also given to

adduce defence evidence. Hence, while appreciating

the arguments advanced by the learned A/R before

this Tribunal, since there is no cogent evidence and

reasonable ground in the record to agree with the

view advanced on behalf of the lady applicant, it

can not be inferred that at this stage, that the

impugned enquiry was perverse or unfair. Therefore,

preliminary issues framed by the then Presiding

Officer on 22.04.2002 are decided against the

applicant. Put up on 28.04.2015 for final argument

on the point of quantum of punishment.”

16.

Heard, parties at length and perused entire material

available on record.

17.

It has been contended by the authorized

representative of the workman that the order of this

Tribunal on preliminary issues is wrong as he had been

denied the opportunity of proper defence during the course

of domestic inquiry, by non-supply of documents and

preset of mind of the Disciplinary Authority in the inquiry.

It was also argued that the Inquiry Officer had been

appointed with the issuance of charge sheet, even before

submission of reply to charge sheet, which shows that

the management was with preset with intention to penalize

the workman through an unfair domestic inquiry.

18.

Per contra, it was argued for management that the

Court cannot sit in appeal or it cannot re-appreciate the

evidence relied before Inquiry Officer; in as much as it

cannot alter the order or punishment. It was submitted

that the scope of invoking the powers given under Section

11 A of the Act, by the Labour Court is confined to the

condition that the Court should interfere with the order of

punishment when it is disproportionate with respect to

the misconduct committed or it is excessively harsh and

shocking to the consciousness. It has further been argued

that in the instant case the workman was given charge

sheet for committing gross misconduct i.e. embezzlement

of the Bank’s money; and was penalized with the

punishment of dismissal, after conducting a thorough

inquiry and this Tribunal vide its order dated 12.03.2015

has held that the domestic inquiry was conducted in

accordance with the principles of natural justice and the

workman was afforded all reasonable opportunity to defend

himself”; hence there is no scope for this Tribunal to

interfere with the quantum of punishment order as the

same is well proportionate order, as the workman was

punished for proved gross misconduct i.e. embezzlement.

It has been submitted that the embezzlement of Bank’s

money speaks ill of the honesty and integrity of the

workman concerned. This is definitely an act prejudicial

to the interest of the Bank. Such employees cannot be

kept on the rolls of the Bank. It has relied on Bank of India

vs Vishwa Mohan (1998) Lab IC 2514.

The bank management has further submitted that

the Bank being a financial institution dealing with the

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vizSy 2] 2016@pS=k 13] 1938

1171

public money, and the employees of the Bank are required

to exhibit utmost honesty and integrity in day to day

transaction/functioning. The act of dishonesty or fraud

or misappropriation or embezzlement constitute

misconduct of serious nature warranting penalty of

removal/dismissal. As the charges levelled against the

workman were of serious/grave in nature, which were duly

proved in the inquiry, therefore, the action of the

management is justified. It has been argued by the bank

that the aforesaid act of the workman has shaken the

confidence of the bank in him and he is not fit to be kept in

the services of the Bank, therefore deserves no interference

into the quantum of punishment by this Tribunal. It has

relied on Municipal Committee, Bandugarh vs. Kishan

Baha and others, 1996 Lab IC 1050.

19.

I have given my thoughtful consideration to the

rival contentions of the authorized representatives of the

parties and perused case laws relied on by them.

20.

In the instant case the workman was charge sheeted

with the allegation of ‘gross misconduct of embezzlement

by making fictitious entries and withdrawal of money by

putting forged signatures of the customer. The domestic

inquiry and its findings were upheld by this Tribunal vide

order dated 12.03.2015, holding that the domestic inquiry

was conducted in accordance with the principles of natural

justice; and the workman was afforded all reasonable

opportunity to defend himself. Hence, after decision on

the preliminary issues in the favour of the management,

the workman has pleaded that the punishment imposed

upon her husband is disproportionate and this Tribunal

should interfere into it within the provisions provided

under Section 11 A of the Industrial Disputes Act, 1947.

21.

Hon’ble Apex Court in B.C. Chayurvedi v. Union of

India, (1995) 6 SCC 749 while discussing about the scope

of judicial review, in disciplinary matters, has observed as

under:

“The High Court/Tribunal, while exercising the

power of judicial review, cannot normally substitute

its own conclusion on penalty and impose some

other penalty. If the punishment imposed by the

disciplinary authority or the appellate authority

shocks the conscience of the High Court/Tribunal,

it would appropriately mould the relief, either

directing the disciplinary/appellate authority to

reconsider the penalty imposed, or to shorten the

litigation, it may itself, in exceptional and rare cases,

imposed appropriate punishment with cogent

reasons in support thereof.”

In DG, RPF vs. Sai Babu (2003) 4 SCC 331, Hon’ble

Apex Court has observed that:

“6…………. Normally, the punishment imposed by

a disciplinary authority should not be disturbed by

the High Court or a tribunal except in appropriate

cases that too only after reaching a conclusion that

the punishment imposed is grossly or shockingly

disproportionate, after examining all the relevant

factors including the nature of charges proved

against, the past conduct, penalty imposed earlier,

the nature of duties assigned having due regard to

their sensitiveness, exactness expected of an

discipline required to be maintained, and the

department/establishment which the delinquent

person concerned works.”

In United Commercial Bank vs. P.C. Kakkar (2003) 4

SCC 364 Hon’ble Apex Court on review of a long line of

cases and the principles of judicial review of administrative

action under English law summarized the legal position in

the following words:

“11. The common thread running through in all these

decisions is that the court should not interfere with

the administrators’ decision unless it was illogical

or suffers from procedural impropriety or was

shocking to the conscience of the court, in the sense

that it was in defiance of logic or moral standards.

In view of what has been stated in Wednesbury

case the court would not go into the correctness of

the choice made by the administrator open to him

and the court should not substitute its decision to

that of the administrator. The scope of judicial review

is judicial review is limited to the deficiency in

decision-making process and not the decision.

12. To put it differently, unless the punishment

imposed by the disciplinary authority or the appellate

authority shocks the conscience of the court/

tribunal, there is no scope for interference. Further,

to shorten litigation it may, in exceptional and rare

cases, impose appropriate punishment by recording

cogent reasons in support thereof.”

In Union of India vs. S.S. Ahluwalia (2007) 7 SCC

257 Hon’ble Supreme Court reiterated the legal position

as follows:

“8.……… The scope of judicial review in the matter

of imposition of penalty as a result of disciplinary

proceedings is very limited. The court can interfere

with the punishment only if it finds the same to be

shockingly disproportionate to the charges found

to be proved.”

In State of Meghalaya v. Mecken Singh N. Marak

(2008) 7 SCC 580 Hon’ble Supreme Court stated that:

“The punishment imposed by the disciplinary

authority or the appellate authority unless shocking

to the conscience of the court, cannot be subjected

to judicial review.

1172

THE GAZETTE OF INDIA : APRIL 2, 2016/CHAITRA 13, 1938

[PART II—SEC. 3(ii)]

22.

Hon’ble Apex Court in Administrator, Union Territory

of Dadra and Nagar Haveli vs. Gulbhia M. Lad (2010) 2

SCC (L&S) 101 has observed that

“The legal position is fairly well settled that while

exercising the power of judicial review, the High

Court or a Tribunal cannot interfere with the

discretion exercised by the disciplinary authority,

and/or on appeal the appellate authority with regard

to the imposition of punishment unless such

discretion suffers from illegality or material

procedural irregularity or that would shock the

conscience of the court/tribunal. The exercise of

discretion in imposition of punishment by the

disciplinary authority or appellate authority is

dependent on host of factors such as gravity of

misconduct, past conduct, the nature of duties

assigned to the delinquent, responsibility of the

position that the delinquent holds, previous penalty,

if any, and the discipline required to be maintained

in the department or establishment he works.

Ordinarily the court or the tribunal would not

substitute its opinion on reappraisal of facts.

23.

In the instant case the workman, was working as

Clerk in Faizabad branch of the bank and during his said

posting he committed various gross misconducts which

included fictitious entries and withdrawl of money by

putting forged signatures of a customer. The management

through evidence proved before the domestic inquiry that

the committed above irregularities and the domestic inquiry

conducted by the management was upheld by this

Tribunal vide its order dated 12.03.2015.

The Bank management has argued that the

embezzlement of the Bank’s money speaks ill of the honesty

and integrity of the workman concerned. This is definitely

an act prejudicial to the interest of the Bank, which leads

to loss of faith in the workman. In Air India Corporation

Bombay vs. V.A. Ravellow 1972 (25) FLR 319 (SC) it has

been observed that:

“Once the employer has lost the confidence in the

employee and the bona fide loss of confidence is

affirmed, the order of punishment must be

considered to be immune from challenge, for the

reason that discharging the office of trust and

confidence requires absolute integrity, and in a case

of loss of confidence, reinstatement cannot be

directed.”

In Knhaiyalal Agarwal and others vs. Factory

Manager, Gwaliar Sugar Co. Ltd. AIR 2001 SC 3645 Hon’ble

Apex court laid down the test for loss of confidence to

find out as to whether there was bona fide loss of

confidence in the employee, observing that:

“(i) the workman is holding the position of trust

and confidence; (ii) by abusing such position, be

commits act which results in forfeiting the same;

and (iii) to continue him in service/establishment

would be embarrassing the inconvenient to the

employee, or would be detrimental to the discipline

or security of the establishment. Loss of confidence

cannot be subjective, based upon the mind of the

management. Objective facts which would lead to a

definite inference of apprehension in the mind of

the management, regarding trust worthiness or

reliability of the employee, must be alleged and

proved.”

In State Bank of India and another v. Bela Bagchi

and others AIR 2005 SC 3272, repelled the contention that

even if by the misconduct of the employee the employer

does not suffer any financial loss, he can be removed from

service in a case of loss of confidence. Further in A.P.

SRTC v. Raghuda Shiva Sankar Prasad AIR 2007 SC 152

Hon’ble Apex court has observed that in case of theft, the

quantum of theft is not import and what is important is the

loss of confidence of employer in employee.

24.

Thus, the Bank being a financial institution dealing

with the public money, the employees of the Bank are

required to exhibit utmost honesty and integrity in day to

day transaction/functioning. The act of dishonesty or

fraud or misappropriation or embezzlement lowers down

the reputation of Bank in public. The public loose their

confidence in Bank, which affects Bank’s business and

finally the national economy.

25.

Hon’ble Apex Court in (2011) 1 Supreme Court Cases

(L&S) 721 has observed that:

“7. It is now well settled that the courts will not act

as an appellate court and reassess the evidence led

in the domestic enquiry, nor interfere on the ground

that another view is possible on the material on

record. If the inquiry has been fairly and properly

held and the findings are based on evidence, the

question of adequacy of the evidence or the reliable

nature of the evidence will not be grounds for

interfering with the findings in departmental

enquiries. Therefore the courts will not interfere

with findings of fact recorded in departmental

inquiries, except where such findings are based on

no evidence or where they are clearly perverse. The

test to find out perversity is to see whether a tribunal

acting reasonably could have arrived at such

conclusion or findings, on the material on record.

The courts will however interfere with the findings

in disciplinary matters, if principles of natural justice

or statutory regulations have been violated or if the

order is found to be arbitrary, capricious, mala fide

or based on extraneous considerations.”

26.

In the instant case the charge of gross misconduct/

embezzlement of the Bank’s money was found to be proved

and principles of natural justice were properly observed

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vizSy 2] 2016@pS=k 13] 1938

1173

while conducting the departmental inquiry; and also the

findings of the Inquiry Officer were not found to be

perverse. Therefore, under the facts and circumstances

and considering the laws, there is no justification in

interfering with the order of punishment imposed upon

the workman by the Disciplinary Authority for proved

gross misconduct of ‘embezzlement’. Accordingly, the

widow of the workman is not entitled to any relief.

27.

Award as above.

LUCKNOW

18th January, 2016.

RAKESH KUMAR, Presiding Officer

ubZ fnYyh] 22 ekpZ] 2016

dk-vk- 587-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj Hkkjrh; esjhVkbe

;wfuo£lVh ds izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds

chp] vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vf/dj.k@Je U;k;ky;] psUubZ ds iapkV (lanHkZ la- 80@2014) dks

izdkf'kr djrh gS tks dsUnzh; ljdkj dks 22-03-2016 dks izkIr

gqvk FkkA

[la- ,y&39025@01@2010&vkbZvkj (ch&II)]

jfo dqekj] MsLd vf/dkjh

New Delhi, the 22nd March, 2016

S.O. 587.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 80/2014) of the

Central Government Industrial Tribunal-cum-Labour Court,

Chennai as shown in the Annexure in the Industrial Dispute

between the management of Indian Maritime University

and their workmen, received by the Central Government on

22.03.2016.

[No. L-39025/01/2010-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Thursday, the 14th January, 2016

Present :

K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 80/2014

[In the matter of the dispute for adjudication under Sub-

Section 2A of Section-10 of the Industrial Disputes Act,

1947 (as amended by Act-24 of 2010 w.e.f. 15.09.2010).

between the Management of Ministry of Surface Transport

and Indian Maritime University, Chennai and their

workman]

BETWEEN :

Sri J. Ravichandran

:

1st Party/Petitioner

AND

1. The Secretary

: 2nd Party/1st Respondent

Ministry of Surface

Transport

Government of India

New Delhi-110001

2. The Management of

: 2nd Party/2nd Respondent

Indian Maritime

University

Uthandi

Chennai-600119

Appearance:

For the 1st Party/

: Sri S. Raghupati, Advocate

Petitioner

For the 2nd Party/

: Sri M.R. Raghavan, Advocate

1st & 2nd Management

AWARD

This is an Industrial Dispute taken on file under

Section 2(A)(2)(1) of the Industrial Disputes Act, 1947 (as

amended by Act-24 of 2010 w.e.f. 15.09.2010).

1.

The averments in the Claim Statement filed by the

petitioner in brief are these:

The petitioner joined the service of the Respondent

as Driver on 01.09.2008. He was doing work of permanent

nature. He has been discharging his duties to the

satisfaction of his superiors and to the best of his abilities.

The petitioner was illegally retrenched from service on

23.12.2013. The Respondent has forcefully obtained a letter

of apology from the petitioner before relieving him from

service. The petitioner was no issued with any statutory

notice under Section-9A of the Industrial Disputes Act.

His retrenchment is in contravention of the standing

orders also. The petitioner was victimized in view of his

Trade Union activities. The petitioner was not issued any

notice and his retrenchment is in violation of Section-25F

of the ID Act. The petitioner has been in continuous and

uninterrupted service for more than 480 days within a period

of 24 months so he is entitled to be made permanent under

Section-3 of the Tamil Nadu Industrial Establishments

(Conferment of Permanent Status to Workman) Act, 1981.

The petitioner has filed a petition before the Asstt. Labour

commissioner (Central). The Respondent did not

cooperate with the conciliation proceedings and a failure

report was recorded by the Asstt. Labour Commissioner.

The petitioner has filed this petition in the circumstances.

An order may be passed directing the Respondents to

reinstate the petitioner in service with back wages,

continuity of service and other attendant benefits.

1174

THE GAZETTE OF INDIA : APRIL 2, 2016/CHAITRA 13, 1938

[PART II—SEC. 3(ii)]

2.

The First Respondent has filed Counter Statement

contending as below:

The First Respondent is not an industry as

contemplated under the provisions of ID Act. There is no

employer employee relationship between the petitioner

and the First Respondent. The petitioner was neither

employed, nor terminated by the First Respondent. The

First Respondent has been improperly impleaded as a

party to the proceedings.

3.

The Second respondent has filed Counter Statement

contending as below:

The petitioner was appointed by the erstwhile

National Maritime Academy as a Driver on contract basis

for a period of one year by Memorandum dated 06.10.2008.

When the Indian Maritime University Act was passed,

the employees of the National Maritime Academy were

transferred to the Indian Maritime University. The

petitioner’s service also stood transferred to Indian

maritime University, the Second Respondent. The service

of the petitioner was extended periodically by the Second

Respondent every six months. His last extension was on

08.08.2013 for a period of six months. On 23.12.2013 his

services were terminated on account of misbehavior with

his superior. The challenge to the order of termination is

not sustainable in law. The contract of employment with

the petitioner provided that his appointment was

temporary and would not bestow on him any claim for

permanent appointment. The contract provided for

termination without assigning any reason. The Second

Respondent terminated service of the petitioner by virtue

of the powers vested under contract of employment. The

petitioner did not possess the necessary qualification to

be appointed for the post. The allegation that an apology

was obtained forcefully without conducting a domestic

enquiry is misconceived. There was no necessity to conduct

an enquiry when the petitioner himself has admitted the

act of indiscipline. The allegation that there is violation of

Section-9A of the ID Act in terminating the service of the

petitioner is not correct. The allegation that the petitioner

was victimized, he being a Trade Union activist also is not

correct. The petitioner is not entitled to any relief.

4.

The petitioner has filed rejoinder denying the

allegations in the Counter Statements.

5.

The evidence in the case consists of oral evidence

of WW1 and documents marked as Ext.W1 to Ext.W20.

6.

The point for consideration is :

“Whether the petitioner is entitled to be reinstated

in service as claimed”?

The Point

7.

The petitioner has been working as Driver in the

service of the Second Respondent on 01.09.2008. He has

been terminated from service on 23.12.2013. The petition

is filed challenging this order of termination and claiming

reinstatement in service.

8.

The claim of the petitioner is that he has been doing

work of a permanent nature, that he has completed work

of more than 480 days in a period of 24 months and is

entitled to the benefit of Section-3 of the Tamil Nadu

Industrial Establishment (Conferment of Permanent Status

to Workmen) Act, 1981 that in any case his termination is

in violation of Section-9A, Section-33 and Section-25F of

the ID Act and also the employment standing orders of

the Second Respondent.

9.

The First Respondent in the petition is the Ministry

of Surface Transport. The petitioner has not stated in the

Claim Statement how the First Respondent is liable for the

claim made. It is the case of the First Respondent that

there is no employer employee relationship between it and

the petitioner. The petitioner seems to have been employed

by the Second Respondent which has nothing to do with

the First Respondent. The petitioner has not established

in evidence that the First Respondent has got anything to

do with the claim. The First Respondent seems to have

been made a party to the petition without any basis.

10.

It is admitted by the Second Respondent that the

petitioner had started to work with it on 06.10.2008 and

continued in the service of the Second Respondent until

23.12.2013. Initially the appointment was for a period of

one year. Ext.W1 is the first appointment order served on

the petitioner. Though the petitioner had started to work

with the Second Respondent on 01.09.2008 the

appointment order is on 06.10.2008 only. Exts.W2 to

Exts.W7 and Exts.W9 to Exts.W13 are the orders extending

service of the petitioner during every six months. Ext.W8

is the order allotting staff quarters to the petitioner. Ext.W17

is the order by which the petitioner was terminated from

service on 23.12.2013.

11.

The main contention that is raised by the Second

Respondent in justification of the termination of the

petitioner is that he was appointed on contract basis and

therefore his termination is not retrenchment as it comes

under the exemption of Section-2(oo)(bb) of the Industrial

Disputes Act. The Second Respondent relies upon the

conditions in Ext.W1 which states that the appointment is

for a period of one year, that it is on contract basis on

consolidated salary and that the appointment is terminable

at 24 hours notice without assigning any reasons.

However, it is difficult to accept Ext.W1 as a contract of

employment. It is only an appointment order putting certain

conditions for service. When the Second Respondent is

pleading that it is entitled to the exemption, it is upon it to

prove the same. The Second Respondent has not produced

any document to show that there was a specific contract

with the petitioner and Section-2(oo)(bb) is attracted in

view of this and termination of the petitioner will not be

retrenchment.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vizSy 2] 2016@pS=k 13] 1938

1175

12.

It could be seen even from the counter statement of

the Second Respondent that the petitioner was terminated

from service on a fine morning even before the six month

period of service as extended by Ext.W13 was completed.

What is stated by the Second Respondent in the Counter

Statement is that the petitioner has misbehaved with his

superior and he was terminated on account of this.

However, even as admitted by the Second Respondent no

enquiry was conducted regarding the alleged misbehavior.

The petitioner was not served with a Charge Memo and

he was not given opportunity to defend the allegation, if

any against him. Though it is stated that his termination

was on account of misbehavior the Second Respondent

takes shelter under Ext.W1 to justify the termination.

However, as stated the termination will not come under

the exemption pleaded by the Second Respondent and is

not proper or legal.

13.

Though the petitioner has claimed right of

confirmation in service under Section-3 of Tamil Nadu

Industrial Establishment (Conferment of Permanent Status

to Workmen) Act, 1981, it is not shown by him that he is

entitled to the benefit of this section. In the petition the

petitioner has claimed the relief of reinstatement in service.

However, the petitioner has been working only as a

temporary driver. This is why he was appointed initially

for one year and the period of service extended every six

months until he was terminated from service. There is no

case for the petitioner that he was working on a sanctioned

post. He was not recruited considering his qualification in

accordance with the Recruitment Rules. In the

circumstances, he is not entitled to the relief of

reinstatement.

14.

It is clear that termination of the petitioner is in

violation of Section-25F of the ID Act. He was not served

with any notice nor was he given any compensation.

Though not entitled to reinstatement, in such

circumstances he is entitled to compensation. The

petitioner had been in the service of the Second respondent

from 01.09.2008 to 23.12.2013. He had worked with the

Second Respondent for more than 5 years. Considering

this the compensation payable to the petitioner is fixed as

Rs. 2.00 lakhs.

15.

In the result the second Respondent is directed to

pay the petitioner Rs. 2.00 lakhs as compensation, within

the month of publication of the award. In default of

payment within the prescribed time, it will carry interest @

7.5% per annum from the date of the award.

An award is passed accordingly

(Dictated to the P.A., transcribed and typed by him,

corrected and pronounced by me in the open court on this

day the 14th January, 2016)

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/

:

WW1, Sri J. Ravichandran

Petitioner

For the 2nd Party

:

None

/1st & 2nd Management

Documents Marked:

On the petitioner’s side

Ex.No.

Date

Description

Ext.W1

06.10.2008

Appointment Order

Ext.W2

12.10.2009

Extension of Service

Ext.W3

19.10.2009

Extension of Service

Ext.W4

11.02.2010

Extension of Service

Ext.W5

25.02.1010

Enhancement of Increment

Ext.W6

11.08.2010

Extension of Service

Ext.W7

28.02.2011

Extension of Service

Ext.W8

13.05.2011

Office Memorandum for

Allotment of Staff Quarters

Ext.W9

19.08.2011

Extension of Service

Ext.W10

22.03.2012

Extension of Service

Ext.W11

13.09.2012

Extension of Service

Ext.W12

15.02.2013

Office Order for Extension of

Service

Ext.W13

08.08.2013

Extension of Service

Ext.W14

June 2011

Attendance Register from

To

month of June 2011 to April 2013

April 2013

Ext.W15

Nov. 2013

Pay-Slip for the month of

October & November, 2013

Ext.W16

23.12.2013

Letter of Petitioner

Ext.W17

23.12.2013

Termination Order issued by

the 2nd Respondent

Ext.W18

23.09.2014

Failure Report CLC, Chennai

Ext.W19

-

Driving License of the

Petitioner

Ext.W20

-

Identity Card issued by the

2nd Respondent

On the Respondent’s side

Ex.No.

Date

Description

N/A

ubZ fnYyh] 22 ekpZ] 2016

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14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj lsaVªy cSad vkWiQ

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1176

THE GAZETTE OF INDIA : APRIL 2, 2016/CHAITRA 13, 1938

[PART II—SEC. 3(ii)]

vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vf/dj.k@Je U;k;ky;] psUubZ ds iapkV (lanHkZ la- 24@2015) dks

izdkf'kr djrh gS tks dsUnzh; ljdkj dks 22-03-2016 dks izkIr

gqvk FkkA

[la- ,y&39025@01@2010&vkbZvkj (ch&II)]

jfo dqekj] MsLd vf/dkjh

New Delhi, the 22nd March, 2016

S.O. 588.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 24/2015) of the

Central Government Industrial Tribunal-cum-Labour Court,

Chennai as shown in the Annexure in the Industrial Dispute

between the management of Central Bank of India and their

workmen, received by the Central Government on

22.03.2016.

[No. L-39025/01/2010-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Thesday, the 23rd February, 2016

Present :

K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 24/2015

BETWEEN :

Sri C. Sekar

:

1st Party/Petitioner

AND

The Senior Regional Manager : 2nd Party/Respondent

Central Bank of India

Regional Office

No. 48/49, Montieth Road

Egmore

Chennai-600008

Appearance :

For the 1st Party/

: M/s. Balan Haridas, Advocates

Petitioner

For the 2nd Party/

: Sri S. Ravindran, Authorized

Respondent

Representative

AWARD

This is an Industrial Dispute taken on file under

Section-2(A)(2)(1) of the Industrial Disputes Act, 1947 (as

amended by Act-24 of 2010 w.e.f. 15.09.2010).

1.

The averments in the Claim Statement filed by the

petitioner in brief are these:

The petitioner had joined the service of the

Respondent, a nationalized bank, on 5th July, 1982 as a

Clerk. Since then the petitioner had been working at various

branches of the Respondent Bank at Chennai, the last

branch in which he worked being Teynampet as Head

Cashier-II. The Regional Manager of the Respondent bank

suspended the petitioner from service by order dated

22.12.2009 making frivolous and past closed allegations

of misconduct. After two and half months of suspension

the Respondent served a memo antedated 31.12.2009

repeating the same allegations of misconduct, asking for

explanation. The petitioner submitted his explanation on

01.03.2010. On 01.07.2010 a charge sheet antedated

16.06.2010 was served on the petitioner. Based on the

charge sheet the Respondent ordered domestic enquiry.

The domestic enquiry conducted was not in accordance

with the principles of natural justice. Fearing for service

the petitioner raised industrial dispute before the Assistant

Labour Commissioner on 06.12.2010. Regardless of the

conciliation proceedings before the Assistant Labour

Commissioner the Respondent proceeded with the enquiry

proceedings in violation of the principles of natural justice.

The Enquiry Officer found the charges partially proved

and submitted his report. The Respondent who is

Disciplinary Authority overturned the Enquiry Officer’s

findings and held that the charge which the Enquiry Officer

found not proved and another charge which he found

partially proved are also proved. Immediately after the

Asstt. Labour Commissioner sent failure report the

Respondent issued Show Cause Memo to the petitioner

proposing penalty of dismissal from service. The petitioner

filed a reply to the Show Cause Memo. Without considering

the reply the Respondent issued order on 08.10.2013

dismissing the petitioner from service. The petitioner

preferred an appeal before the Appellate Authority.

However, the Appellate Authority upheld the order of the

Disciplinary Authority. The petitioner has not committed

any misconduct as alleged. An order may be passed

holding that dismissal of the petitioner from service is not

justified and also directing the Respondent to reinstate

the petitioner in service with backwages, continuity of

service and other attendant benefits.

2.

The Respondent has filed Counter Statement

contending as below:

The petitioner was an employee of the Respondent

Bank in Clerical Cadre from 05.07.1982. He lastly worked at

Teynampet branch of the Respondent as Head

Cashier-II in Clerical Cadre. The Respondent suspended

the petitioner from service on 22.12.2009 for committing

serious misconduct. Thereafter a memo was sent to his

residential address available with the bank. The memo was

returned un-served with the endorsement that the

petitioner has left the place. Two officials from Teynampet

branch were deputed to serve the memo at the address.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vizSy 2] 2016@pS=k 13] 1938

1177

However, the petitioner had shifted from the premises. His

changed address was informed to the bank only on

10.06.2010 and the memo could be served only

subsequently. The petitioner did not submit any

explanation to the memo issued by the Respondent. Charge

Sheet was served on him on 01.07.2010 and domestic

enquiry was conducted against him. The petitioner was

represented by the Defence Representative in the enquiry

proceedings. It is incorrect to state that the enquiry was

conducted against the principles of natural justice. The

allegation otherwise in the Claim Statement is not correct.

The Enquiry Officer entered a finding based on the

evidence placed before him that two out of the seven

charges raised against the petitioner are not proved. The

petitioner was running finance firms without obtaining

permission from the Bank. He was cheating depositors by

not repaying deposit amount. The petitioner had

transactions amounting to Rs. 37.85 lakhs between August

2007 to January 2009 through his account, though his

salary for the period was only Rs. 4.46 lakhs. Cheques

issued by him to the depositors of his finance company

were returned due to insufficiency of funds. The petitioner

had issued Letter of Irrevocable Guarantee of Rs. 18.00

crores, Rs. 15.00 crores and Rs. 15.00 crores respectively

while working as Head Cashier, without any authority. Thus

the petitioner has committed serious misconduct while in

service. The petitioner is not entitled to any relief.

3.

In the additional counter Statement the Respondent

has stated that in case the enquiry is found vitiated it is

reserving the right to lead evidence on the merits of the

charges before this Tribunal.

4.

An additional Claim Statement has been filed,

reiterating the contentions in the first Claim Statement.

5.

Since the petitioner has raised the contention that

the domestic enquiry was not conducted in accordance

with the principles of natural justice, this issue was

considered as a Preliminary Issue. This Tribunal has

entered a finding in favour of the petitioner on the issue.

The Respondent having stated in the Counter Statement

that it may be permitted to adduce evidence before this

Tribunal on the merits of the case, in case of a finding in

favour of the petitioner, the Respondent was allowed to

adduce evidence. The petitioner has adduced evidence to

rebut the evidence of the Respondent also.

6.

The evidence in the case consists of oral evidence

of MW1 and WW1 and documents marked as Ext.M1 to

Ext.M42 and Ext.W1 to Ext.W56.

7.

The points for consideration are:

(i)

Whether the action of the Respondent in dismissing

the petitioner from service is justified?

(ii)

What, if any is the relief to which the petitioner is

entitled?

The Points

8.

The petitioner was working in the Respondent Bank

as a Clerk from 1982. While he was working as Head Cashier

-II at Teynampet Branch he was dismissed from service on

the charges of misconduct, after conducting a domestic

enquiry. The petitioner has raised the dispute before the

Assistant Labour Commissioner, Chennai. Before

reference was received by this Tribunal consequent to

the failure report of the Asstt. Labour Commissioner the

petitioner has filed the petition before this Tribunal directly,

seeking the relief of reinstatement in service with

consequent benefits.

9.

Even though the Claim and Counter Statement are

elaborative these do not specifically mention what are the

charges leveled against the petitioner. Out of the 7 charges,

the Enquiry Officer has found two not proved. The counsel

for the Respondent has stated at the time of his argument

that he is not pressing charges 2 and 7. So only the

remaining charges need be considered.

10.

What is the first charge against the petitioner? The

charge sheet is marked as Ext.M1. The first charge states

that the petitioner has engaged in finance companies under

the name and style (i) Yogam Finance and Investments (P)

Ltd. (ii) Everbright Enterprises and (iii) Swati Investments.

It is stated that investments in FDs have been made by

several individuals in this Finance Companies and the

deposits were not repaid to the depositors on due dates

and some of them have filed suits and obtained decrees

against the petitioner. It is stated in the charge that the

petitioner has engaged in finance business outside his

scope of duties without obtaining written permission from

the Bank and he has committed the misconduct covered

by Clause-5(a) of the circular on Disciplinary Action

Procedure.

11.

MW1 has given evidence on behalf of the bank

with reference to the documents produced by it. This

witness has stated with reference to Ext.M6 to Ext.M18

that the petitioner was engaged in financial business

outside the scope of his duties without obtaining

permission from the Bank. Referring to Charge No. 1, the

petitioner has stated in his Claim Statement that he has

got nothing to do with the three companies by name Yogam

Finance and Investments (P) Ltd., Everbright Enterprises

and Swati Investments. He has stated that the Articles of

Association and Memorandum of Association of Yogam

Finance and Investments, if produced would show the

names of the Directors of the Company but the Respondent

has failed to produce the said document. He has stated

that he does not know about Bright Enterprises. He further

stated that Swati Investments is a partnership firm in which

his uncle and others are partners.

12.

Ext.M6 is one of the documents relied upon by the

Respondent to substantiate the first charge. This is a notice

sent to the Respondent Bank by a lawyer. It could be seen

1178

THE GAZETTE OF INDIA : APRIL 2, 2016/CHAITRA 13, 1938

[PART II—SEC. 3(ii)]

from this that earlier also another notice has been sent by

the lawyer and Ext.M6 is by way of assertion of the facts

stated in the earlier notice. The notice states that the

petitioner has accepted deposits from his client and issued

Fixed Deposit Receipts in which the petitioner has signed

as Director of the Finance Company by name M/s Yogam

Finance and Investments (P) Ltd. It is further revealed

from the notice that suit was filed against the petuitioenr

and his wife for recovery of the amount covered by the

Fixed Deposit Receipt as the petitioner failed to pay the

amount covered by the receipts. Ext.M8 and Ext.M9 are

photocopies of Fixed Deposit Receipts in the name of

Yogam Finance and Investments (P) Ltd. It is the case of

the Respondent that these deposit receipts were issued

by the petitioner to Venkatraman the person referred to as

the client in Ext.M6 notice and his daughter. When these

documents were put to the petitioner during his cross-

examination he denied to have signed the Deposit

Receipts. However he has admitted that Ext.M10 and

Ext.M11 are copies of the cheques that were issued by

him to Venkataraman. Ext.M10 and Ext.M11 are for Rs. 1.00

lakh each. The petitioner had admitted during his cross-

examination that Exts.M10 and Ext.M11 cheques were

returned dishonoured due to insufficiency of funds. The

same Venkatraman alongwith his daughter to whom

Ext.M10 and Ext.M11 were issued had filed OS 22/2002

before the Subordinate Judge at Poonamallee and obtained

a decree for recovery of a sum of more than Rs.2.00 lakhs.

Ext.M12 is the copy of the decree. The first defendant in

the case is Yogam Finance and Investments (P) Ltd

represented by its Director, C. Sekar. The second defendant

in the case is Sri C. Sekar working in Central Bank of India,

the petitioner. It is beyond doubt that the person referred

to as defendant 1 and defendant 2 is the same, the

petitioner. The third defendant in the case is the wife of

the petitioner. There is no case for the petitioner that he is

not the person referred to as Defendants 1 and 2 in the

decree. He has stated during his cross-examinations that

he had not filed any application to set aside the decree in

OS 22/2002. The decree holders had filed execution petition

to recover the amount. Ext.M13 is the letter from the

Regional Office to Mogappair branch in which the

petitioner was working regarding attachment of salary of

the petitioner. Ext.M13 seems to have been written by the

Regional Office based on Ext.M14 a letter received at the

Regional Office from the Zonal Office in which the Execution

Petition filed by Venkataraman is also referred to. Ext.M17

is the copy of the summons issued to the petitioner

through the Branch Manager. Ext.M18 is the attachment

order in another suit OS 4968 of 2002 filed by one Chandran.

This is also an order attaching the salary of the petitioner.

Though the petitioner has denied his signature in the FDRs

of Yogam Finance and Investments marked as Ext.M8 and

Ext.M9, Ext.M10 and Ext.M11 which are admitted by the

petitioner when considered alongwith Ext.M12 would show

that signatures in Edxt.M8 and Ext.M9 also should be that

of the petitioner. For one thing the petitioner is described

in OS 22/2002 as the Director of Yogam Finance and

Investments Pvt. Ltd. The argument that merely because

of this description the petitioner cannot be said to be the

Director would not hold good. The petitioner has remained

ex-parte in OS 22/2002. That means he has submitted for a

decree in the suit that was filed by him in his capacity as

the Director of Yogam Finance and Investments Pvt. Ltd.

He has not cared to challenge the decree but has allowed

the decree holders to execute the decree and recover the

amount from his salary. If he has nothing to do with Yogam

Finance and Investments P Ltd. this would not have been

the case. The admitted signatures in Ext.M10 and Ext.M11

are similar to the signatures as that of the Director in Ext.M8

and Ext.M9. It is for the petitioner to explain why he issued

Ext.M10 and Ext.M11 to Venkataraman if those were not

on account of the FDRs issued by Yogam Finance and

Investments Pvt. Ltd.

13.

The petitioner has stated in his Proof Affidavit that

the Articles of Association and Memorandum of

Association of the Companies in question Act were

deliberately withheld by the Respondent. At the time of

his cross-examination a copy of Articles of Association of

Yogam Finance and investments Pvt. Ltd. received from

the Ministry of Corporate Affairs was put to the petitioner

and he has admitted that the last page of the document

contains his name and signature. He is shown as the

Chairperson among the subscribers and the equity shares

taken by him is 100 while that of the others is only 10 each.

As already referred to, the case of the petitioner in the

Claim Statement is one of total denial to the effect that he

has nothing to do with Yogam finance and Investments

Pvt. Ltd. This is proved wrong not only by Ext.M42, the

Articles of Association but also Ext.M12 the decree in

which the petitioner is a party. So it is very much clear that

the petitioner has been indulging in business without any

permission from the Respondent.

14.

One argument that has been advanced on behalf of

the petitioner with reference to Ext.M6, the lawyer notice

is not at all sustainable. This notice refers to a letter from

the Bank. The argument advanced on behalf of the

petitioner is that in this letter the stand of the Bank was

that the petitioner has nothing to do with Yogam Finance.

If there was such a case for the petitioner he should have

asked for the production of the document. Even assuming

that the Bank has taken such a stand earlier, in the light of

overwhelming evidence in this respect as already

discussed above, this will not be of any consequence.

15.

There is one more aspect that gives force to the

case of the Respondent that the petitioner has been

indulging in some trade or business without permission.

The third charge against the petitioner is that he had issued

several cheques in his account purportedly as repayment

of the deposits collected towards the finance companies

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vizSy 2] 2016@pS=k 13] 1938

1179

run by him and all such cheques were returned due to

insufficiency of funds in the account of the petitioner.

The Management has produced Ext.M21 to Ext.M27, all

dishonoured cheques, to prove this aspect. During his

cross-examination the petitioner has admitted that Ext.M21,

22, 23 and 24 are cheques that were issued by him and

were dishonoured. Ext.M21 and Ext.M22 require

consideration while dealing with the first charge also.

These two cheques were issued by Venkataraman on

whose behalf Ext.M6 lawyer notice was issued. Of course,

Ext.M21 and Ext.M22 would not show that those were

issued towards repayment of the deposits collected

towards finance company run by the petitioner. However,

when the cheques are considered alongwith the execution

petitions filed on behalf of Venkataraman there could not

any doubt that these must have been issued by the

petitioner towards repayment of the amount collected as

fixed deposits in the finance company run by him. Thus

these documents also fortify the case under the first

charge. There is no evidence regarding the other two

companies mentioned in the charge.

16.

The third charge, as stated, is that cheques were

issued by the petitioner and he has been engaging in trade

in business outside the scope of his duties except with

written permission of the bank and also has been doing

act prejudicial to the interests of the bank as per Clause-

5(j) of Memorandum of Settlement dated 10.04.2002. The

petitioner has admitted that all the cheques other than

Ext.M26 and Ext.M27 were issued by him. The argument

on behalf of the petitioner has been that these cheques

have nothing to do with the performance of his official

duties but those are only his personal affairs and he has

not committed any offence by issuing the cheques. It has

also been pointed out by the counsel for the petitioner

that offence under Section-138 is a compoundable one

and for this reason also the charge will not lie against him.

I have already referred to the cheques issued to

Venkataraman while referring to the first charge. Even

otherwise incurring debt is a minor punishment. Ext.M20

Memorandum of Settlement states that incurring debts to

an extent considered by the Management as excessive is

a minor offence. When third charge alone is taken into

account without reading it alongwith Charge No. 1 it could

be treated only as a minor offence coming under Clause-

7(i) of Memorandum of Settlement. When considered by

itself it cannot be stated that the misconduct under this

charge is one that would cause prejudice to the interests

of the bank. There is the fact that several cheques were

issued by the petitioner and these were dishonored due

to insufficiency of funds.

17.

The fourth charge against the petitioner is that the

total amount credited to the account of the petitioner

during the period from August 2007 to May 2008 was very

huge and disproportionate to his known source of income

and this is covered under clause-5(i) and 5(j) of the

Disciplinary Action Procedure for Workmen. The total

amount transacted through the account of the petitioner

during the period is shown as Rs. 37.85 lakhs.

18.

The statement of account pertaining to the petitioner

has been produced and is marked as Ext.M28. The

transactions given in the charge are revealed from

statement of account also. The petitioner has not stated

anywhere before this evidence what these transactions

are for. As revealed form the charge itself the gross salary

drawn by the petitioner during the period is only Rs.

4,46,999/-. Before he got into the witness box the petitioner

has not stated what those transactions were about and

how he happened to have transactions for such a huge

amount and what is the source of these transactions. In

the Proof Affidavit in lieu of evidence filed by him the case

advanced by the petitioner is that the transactions were

by way of loan availed by him from the bank, personal

loan availed and most of the cash transactions are by way

of depositing the amount already withdrawn. He has further

stated in his affidavit that though it is alleged that the

transactions are beyond the source of income there had

been no proceedings initiated against him under the

Prevention of Corruption Act. He has further stated that

he was only rotating the money which he had already

withdrawn or the money which he had already got by

personal loan etc.

19.

The Respondent has proved by the evidence of

MW1 and the statement of account pertaining to the

petitioner itself that the transaction done by the petitioner

from August 2007 to April 2008 was disproportionate to

his known source of his income i.e. his salary. The

petitioner had sufficient opportunity to disprove that this

is not so. He should have proved that he had obtained all

these amounts by way of loan from Respondent itself or

that he had obtained personal loans. How could the

petitioner have dealt with so much money within such a

short period? It is for the petitioner to give an explanation.

During his cross-examination the version of the petitioner

was most evasive. He did not give a clear answer to the

questions put to him regarding the remittances made by

him during the period. He has stated that he does not

remember what were most of the transactions about,

though several of them are for amount more than a lakh.

So there is no doubt that the remittances in his account

during the period was disproportionate to his known

assets. What is stated in charge 4 is that the petitioner has

committed misconducts under clause-5(i) and (j) of the

Disciplinary Action Procedure. Clause-5(i) refers to

speculation in stocks, shares, securities or any commodity

whether on his own account or that of any other persons.

Certainly, Charge 4 will not come under this clause as there

is no evidence to show that the petitioner had indulged in

speculation in stocks, shares, securities, etc. However,

the misconduct will come under Clause-(j). This states

that doing any act prejudicial to the interests of the bank

1180

THE GAZETTE OF INDIA : APRIL 2, 2016/CHAITRA 13, 1938

[PART II—SEC. 3(ii)]

is a misconduct. It has been argued on behalf of the

petitioner that disproportionate assets of the petitioner, if

any will not cause any prejudice to the interests of the

Bank. It has been pointed out that what causes prejudice

to the Bank has not been defined in Ext.M19, the circular

on Disciplinary Action Procedure or Ext.M20, the

Memorandum of Settlement. Certainly the argument of the

counsel could not be accepted. It is only a matter of

evidence what causes prejudice to the interests of the

bank. If an employee is having assets disproportionate to

his known source of income that is prejudicial to the

interests of the Bank. The bank is expected to transact

with the public, to have dealings with its customers. An

employee having so many transactions and is not able to

explain the same causes prejudice to the interest of the

bank by his acts. He cannot take cover under the argument

that they are all his personal dealings and he is not

answerable to his employer for those transactions. Without

doubt the petitioner was having assets disproportionate

to his known source of his income and the Respondent

will find it difficult to allow such person who is not able to

explain his transactions deal with the customers. There is

no doubt that the charge comes under Clause-5(j) of the

Disciplinary Action Procedure.

20.

The fifth charge against the petitioner is that while

working as Head-Cashier at Mogappair Branch the

petitioner has issued irreparable guarantee to three

different firms using fabricated rubber stamps and address

stamps of the Branch and thus he has committed the

misconduct under Section-5(j) under disciplinary action

procedure. MW1 has stated that Ext.M29, M30 and M31

are the letters issue by the petitioner. All theses documents

are in the letter head of the bank. Ext.M29 is addressed to

M/s Soundarraajan Mills Ltd. and states that the cheques

for Rs. 18.00 crores in favour of Soundararajan Mills

Limited will be honoured on the due date. There is a

signature below as if that of the Branch Manager. However,

the Branch Manager’s name is given as that of the

petitioner. Ext.M30 is a letter to M/s Bhoomika Developers

in the letter head of the Bank confirming payment of Rs.

25.00 crores. Under this letter also the name of the petitioner

is written as Branch Manager and there is a seal also. This

is the case in respect of Ext.M31 addressed to M/s

Bhoomika Developers by which guarantee is accorded for

payment of Rs. 25.00 crores also. Neither in Ext.M30 nor in

Ext.M31 there are any signatures. Though Ext.M29

contains a signature, there is nothing to show that it is

that of the petitioner. Again, there is no evidence at all to

show that such letters were sent by the petitioner at all. So

the fifth charge against the petitioner is not proved.

21.

The sixth charge against the petitioner is that he

prepared vouchers to credit Rs. 15.00 crores in the account

of Krishna Builders in respect of cheque issued by Krishna

Builders but without sending any cheque for such amount,

outward cheque receivable account was debited to the

credit of the account of Krishna Builders. Regarding this

charge also there is dearth of evidence on the part of the

Respondent. Ext.M32 to 35 are marked through MW1 to

substantiate the charge. However there is no evidence to

show that the documents were prepared by the petitioner.

There is nothing to show that the entries in Ext.M33 the

statement of account of Krishna Builders has got anything

to do with the petitioner. Ext.M34 is a letter from Mogappair

Branch where the petitioner had been working to Madurai

Branch. This letter is under the seal of the Branch Manager.

Ext.M35 the letter written by the Central Bank to the Branch

Manager of Mogappair Branch also does not show any

involvement of the petitioner. So this charge also is not

proved.

22.

The argument that is being advanced on behalf of

the petitioner is that even if the offences proved are taken

into account they are only minor in nature and only minor

punishment should have been imposed on the petitioner.

Misconducts under Clasues-5(a) and 5(j) which are found

proved are those that are described as grave in the

Memorandum of Settlement and Disciplinary Action

Procedure. Grave misconducts calls for grave punishment.

23.

Still another argument advanced on behalf of the

petitioner is that the petitioner was discriminated while

imposing punishment. Ext.W48 to Ext.W50 and Ext.W52

to Ext.W55 are the documents produced by the petitioner

to show that he was discriminated. The petitioner has

stated in his Proof Affidavit that much lesser punishments

only have been given to the Officers of the Bank against

whom severe charges were found proved. He has stated

in the affidavit that the Branch Manager of Mogappair

Branch who had authorized entry of Rs. 15.00 crores which

is the subject-matter of Charge No. 6 levelled against him

was imposed only with the punishment of compulsory

retirement though other charges were also proved against

him and Bank had lost several crores of rupees. Again,

Senior Manager of Ellis Nagar Branch, Madurai had caused

loss of crores of rupees by extending loan on fabricated

and forged documents and he is said to have been imposed

the punishment of cut of 5 increments only. Senior Manager

of Darapuram Branch who had been on indiscriminate

lending and allowed unauthorized overdraft and caused

loss of crores of rupees was imposed with the punishment

of stoppage of 15 increments for one year. The Chief

Manager of Coimbatore Mill Branch who had caused loss

of crores of rupees by lending money against forged and

fabricated documents is said to have been let off with

stoppage of increment. One Rajeshwari, Computer Terminal

Operator of Mogappair Branch who made entry of Rs.

25.00 crores of rupees in the account of Krishna Builders

was also imposed with the punishment of stoppage of

increment. Thus according to the petitioner he was

discriminated when compared with the above persons.

Ext.W50 the enquiry report in respect of Srinivasa Reddy,

Chief Manager of Coimbatore Mill Branch, Ext.W52 the

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vizSy 2] 2016@pS=k 13] 1938

1181

Charge Sheet in respect of Muthappan, Senior Manager

of Ellis Nagar Branch, Ext.W54 the Charge Memo in respect

of Ramabadran who was Manager of Darapuram Branch

and Ext.W55, the addendum to Ext.W54 Charge Memo

and also Ext.W49, the final order in respect of

Sivagurunathan Krishnan, Senior Manager of Mogappair

Branch imposing punishment of compulsory retirement

are the documents produced by the petitioner. Other than

Ext.W49, documents showing punishment imposed on the

concerned Officers are not produced. However, the

statement made by the petitioner in proof affidavit

regarding the punishment imposed are not challenged

during cross-examination. On the other hand the cross-

examination is to the effect that the punishment referred

to are correct. In any case there is Ext.W49 which spells

out severe charges for which punishment imposed is

compulsory retirement only. So there is some justification

in the case advanced by the petitioner that more severe

punishment was imposed on him though the misconducts

alleged against him are less severe than that of the Officers

referred to earlier.

24.

The next contention that is advanced on behalf of

the petitioner is that he was dismissed from service in

violation of Section-33 of the ID Act. The petitioner had

approached the Assistant Labour Commissioner (ALC)

even when he was suspended from service. The petition

before the ALC is said to have been filed on 06.12.2010.

The ALC has sent failure report to the Ministry. The case

is that dismissal of the petitioner is even before the report

reached the Ministry and so the dismissal is in violation

of Section-33 of the ID act. It is not disputed by the

Respondent that the dismissal order was effected even

before the report reached the Ministry. The counsel for

the petitioner has referred to the decision of the High

Court of Madras in ARASU VIRAIVU POKKU VARATHU

UZHAIYAR SANGAM VS. STATE EXPRESS

TRANSPORT CORPORATION LTD. reported in 2006 3

LLJ 245 where it was held that the conciliation proceedings

would not end with the closure thereof but continues until

the receipt of the report by the appropriate government.

So there is no doubt that during the pending of the

conciliation proceedings dismissal order was passed by

the Respondent.

25.

The counsel for the Respondent has referred to the

decision of the Apex Court in RAJASTHAN STATE ROAD

TRANSPORT CORPORATION LTD. VS. SATYA

PRAKASH reported in 2013 9 SCC 232 to advance his

argument that even if there is violation of Section-33 the

dismissal will not become illegal if misconduct against the

concerned workman is found proved. In the above case

the Tribunal had found that the concerned workman

committed the misconduct. The Apex Court has held :

“having held so the Tribunal was expected to dismiss

the complaint filed by the Respondent. It could not

have passed the order of reinstatement with

continuity in service in favour of the Respondent

on the basis that initially the appellant had committed

a breach of Section-33(2)(b) of the Act. It is true that

the appellant had not applied for the necessary

approval as required under that section. That is why

the complaint was filed by the Respondent under

Section-33A of the Act. The complaint having been

filed it was adjudicated like a reference as required

by the statute. The same having been done and the

misconduct having been held to have been proved

now there is no question of holding that termination

shall still continue to be void and inoperative. The

de-jure relationship of employer-employee would

come to an end on the date of order of dismissal

passed by the Appellant”.

26.

In answer to the argument based on the above

decision in RAJASTHAN STATE ROAD TRANSPORT

CORPORATION the counsel for the petitioner has referred

to the decision in JAIPUR ZILA SAHKARI BHOOMI

VIKAS BANK LTD. VS. RAM GOPAL SHARMA AND

OTHERS reported in 2002 1 LLN 639. In this the Apex

Court has held:

“The proviso to Section-33(2)(b), as can be seen

from its very unambiguous and clear language is

mandatory. This apart, from the object of Section 33

and in context to the proviso to Section-33(2)(b) it is

obvious that the conditions contained in the said

proviso are to be essentially complied. Further any

employer who contravenes the provisions of

Section-33 invites the punishment under Section-

31(1) with imprisonment for a term which may extend

to six months. This penal provision is a pointer to

the mandatory nature of the proviso to comply with

the conditions stated therein. To put it in another

way, the said conditions being mandatory are to be

satisfied if an order of discharge or dismissal passed

under Section-2(b) is to be operative. If an employer

desires to take benefit of the said provision for

passing an order of discharge or dismissal of an

employee he has also to take the burden of

discharging the statutory obligations placed on him

by the said proviso”.

27.

It has been pointed out by the counsel for the

petitioner that decision in Ram Gopal Sharma’s case referred

to above is by a five member Constitution Bench while the

decision in RSRTC referred to earlier is by a two member

bench and so the dictum laid down in the decision referred

to earlier is to be accepted and the later decision is only

per curium.

28.

The counsel for the Respondent has tried to

distinguish the two decisions. It has been pointed out by

him that RAM GOPAL SHARMA’s case has been referred

to and distinguished in the subsequent decision. In the

decision, while referring to the case it is stated that the

1182

THE GAZETTE OF INDIA : APRIL 2, 2016/CHAITRA 13, 1938

[PART II—SEC. 3(ii)]

Constitution Bench in Ram Gopal Sharma’s case was

concerned with the interpretation of Section-33(2)(b) of

the Act in the context of a reference arising out of

conflicting judgments thereon, that the present case is

not one where an application under Section-33(2)(b) of

the ID Act was filed and that the section comes into play

when the employer wants to proceed against an employer

for any misconduct not connected with the dispute that is

pending. The petitioner herein was dismissed by the

Respondent on completion of the enquiry proceedings

though he failed to wait till the failure report reached the

appropriate government. This was not the matter that came

up for consideration in Ram Gopal Sharma’s case. The

misconduct against the petitioner having been found

established it will not be proper to direct reinstatement of

the petitionr only on the ground that there is violation of

Section-33(1) of the ID Act. This will be against the dictum

laid down in RSRTC case. So the petitioner cannot take

shelter under Section-33 of the ID Act also.

29.

I have referred to the allegation of discrimination

raised by the petitioner. Certainly, when the nature of

misconduct committed by the petitioner is taken into

account he does not deserve the punishment of dismissal

from service. Though prejudice was caused to the Bank

by the said acts, the Bank has not incurred any loss on

account of the said acts. So it is only proper that the

punishment imposed on the petitioner is modified and

reduced to compulsory retirement from service.

In view of my discussion above, an award is passed

as below:

The punishment imposed on the petitioner is

reduced to Compulsory Retirement from service with

superannuation benefits.

The reference is answered accordingly.

(Dictated to the P.A., transcribed and typed by him,

corrected and pronounced by me in the open court on this

the 23rd February, 2016)

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/

:

WW1, Sri C. Sekar

Petitioner

For the 2nd Party/

:

MW1, Sri N. Venkatesan

Respondent

Documents Marked :

On the petitioner’s side

Ext.No.

Date

Description

Ext.W1

22.12.2009

Suspension Order

Ext.W2

01.03.2010

Reply to Suspension Order

Ext.W3

06.12.2010

Petition filed in ALC

Ext.W4

16.06.2010

Charge Sheet

Ext.W5

06.08.2010 to

Enquiry Proceeding

11.01.2011

Ext.W6

26.08.2010

Management Exhibits

Ext.W7

26.08.2010

Defence Exhibits

Ext.W8

05.02.2011

Presenting Officer Brief

Ext.W9

25.02.2011

Defence Written Brief

Ext.W10

18.04.2011

Enquiry Officer Findings

Ext.W11

13.06.2011

Disciplinary

Authority

Disagreement

Ext.W12

06.12.2012

Show Cause Memo

Ext.W13

16.01.2013

Reply to Show Cause Memo

Ext.W14

07.10.2013

ALC (C) FOC

Ext.W15

08.10.2013

Administrative Order of

Dismissal

Ext.W16

08.10.2013

Final Order of Dismissal

Ext.W17

20.11.2013

Appeal

Ext.W18

02.01.2013

Appellate Authority Order

Ext.W19

21.08.2013

M.V. Sivagurunatha Krishnan

Former : Senior Manager,

Mogappair Branch Case

Details

Ext.W20

17.08.2013

Mr. V. Ramabhadran,

Former : Branch Manager,

Dharapuram Branch Case

Details

Ext.W21

-

Mr. C. Muthappan

Former : Senior Manager Ellis

Nagar Branch Case Details

Ext.W22

-

Mr. P. Srinivasa Reddy

Former: Chief Manager,

Coimbatore Branch Case

Details

Ext.W23

12.01.2015

Raised u/s 2(a) of ID 1947

Ext.W24

12.01.2015

Notice from ALC

Ext.W25

23.01.2015

Reply from Management

Ext.W26

04.02.2015

Reply from Management

Ext.W27

17.02.2015

Reply from Management

Ext.W28

17.02.2015

FOC

Ext.W29

09.07.1982

Appointment Order

Ext.W30

02.12.2008

Memo RO/1531

Ext.W31

24.12.2008

Memo RO/1648

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vizSy 2] 2016@pS=k 13] 1938

1183

Ext.W32

24.10.1996

C.O. Circular 192

Ext.W33

26.07.2010

Letter to RO

Ext.W34

06.03.2012

High Court Judgment

Ext.W35

29.11.2012

Letter to ALC

Ext.W36

22.07.2013

Letter to ALC

Ext.W37

25.07.2013

ALC Minutes

Ext.W38

17.02.2015

ALC Minutes

Ext.W39

23.04.2010

Sale Agreement Copy

Ext.W40

22.08.2013

Letter to ALC

Ext.W41

01.02.1995

Partnership Deed

Ext.W42

15.12.1998

Krishna Builder A/c Statement

Ext.W43

02.09.2009 to

Mrs. V. Alamelu – Staff Cent

10.11.2010

Convenient A/c Statement

Ext.W44

03.02.1995

The acknowledgement of

registration firm issued in

respect of Swathi Investments

Ext.W45

01.02.1995

Deed of Partnership in respect

of Swathi Investments

Ext.W46

-

Certificate of Incorporation of

Yogam

Finance

and

Investments Private Limited

Ext.W47

10.01.2005

Letter of appreciation given by

the Bank

Ext.W48

25.11.2008

Complaint by the Mogappair

Branch Manager to the Police

Ext.W49

21.08.2010

Final order is in respect of V.

Sivagurunathan Krishnan,

Senior Manager, Mogappair

Branch imposing punishment

of compulsory retirement

Ext.W50

02.11.2011

Findings given by the Enquiry

Officer in respect of one

Mr. P. Srinivasa Reddy, Chief

Manager

Ext.W51

06.03.2012

Order of the Hon’ble High

Court, Madras in WP No. 5195

of 2012

Ext.W52

17.07.2012

Charge Sheet to one Mr. C.

Muthappan, Senior Manager

Ext.W53

22.07.2013

Letter of the Respondent Bank

Ext.W54

17.08.2013

Charge Memo issued to one

Mr. V. Ramabadran, Manager,

Mount Road Branch

Ext.W55

03.10.2013

Addendum to Articles of

Charge

Ext.W56

18.07.2014

Report of the Assistant Labour

Commissioner dated nil

On the Management’s side

Ext.No.

Date

Description

Ext.M1

16.06.2010

Charge Sheet issued to

petitioner

Ext.M2

18.04.2011

Findings of the Enquiry Officer

Ext.M3

06.12.2012

Second Show Cause Notice

issued to petitioner

Ext.M4

08.10.2013

Order of dismissal issued to

petitioner

Ext.M5

02.12.2013

Order rejecting appeal of the

petitioner

Ext.M6

16.02.2009

Legal notice from R. Mohan,

advocate

Ext.M7

10.02.1996

Swathy Investment FD Receipt

Ext.M8

07.06.1997

Swathy Investment FD Receipt

Ext.M9

26.10.1997

Swathy Investment FD Receipt

Ext.M10

06.06.1998

Dishonoured Cheque

Ext.M11

29.10.1998

Dishonoured Cheque

Ext.M12

26.09.2003

Order in OS 22/2

Ext.M13

07.08.2006

Letter from Regional Office to

Mogappair branch

Ext.M14

02.08.2006

Letter from Zonal Office to

Regional Office

Ext.M15

03.08.2006

Letter from Regional Office to

Zonal Office

Ext.M16

31.07.2006

Letter from Mogappair Branch

to Zonal Office

Ext.M17

02.08.2005

summons in OS 22/2

Ext.M18

30.06.2006

Summons in EP 1796/05

Ext.M19

29.04.2002

Circular on disciplinary action

procedure

Ext.M20

10.04.2002

Memorandum of Settlement

Ext.M21

05.02.1998

Dishonoured Cheque

Ext.M22

05.03.1998

Dishonoured Cheque

Ext.M23

10.03.1999

Dishonoured Cheque

Ext.M24

25.03.1999

Dishonoured Cheque

Ext.M25

08.04.1999

Dishonoured Cheque

Ext.M26

06.05.2003

Dishonoured Cheque

Ext.M27

17.05.2003

Dishonoured Cheque

Ext.M28

01.06.2006

Statement

of

Account

To

pertaining to petitioner

02.06.2010

1184

THE GAZETTE OF INDIA : APRIL 2, 2016/CHAITRA 13, 1938

[PART II—SEC. 3(ii)]

Ext.M29

22.11.2008

Petitioner’s

letter

to

Soundararaja Mills

Ext.M30

07.10.2008

Petitioner’s letter to Bhoomika

Developers

Ext.M31

-

Petitioner’s letter to Bhoomika

Developers

Ext.M32

19.12.2008

Statement of Account

Ext.M33

05.08.2010

Statement of Account

Ext.M34

19.11.2009

Letter from Mogappair Branch

to Madurai NBO

Ext.M35

20.11.2009

Letter from Madurai NBO to

Mogappair branch

Ext.M36

August 2007

Salary Statement of the

To

petitioner

Jan. 2009

Ext,M37

13.08.2002

Second Show Cause Notice

issued to petitioner

Ext.M38

31.08.2002

Punishment issued to petitioner

Ext.M39

21.06.2003

Letter from Dena Bank to

Respondent

Ext.M40

09.03.2004

Letter from Dena Bank to

Respondent

Ext.M41

25.05.2006

Letter from Dena Bank to

Respondent

Ext.M42

-

Communication from Ministry

of Corporate Affairs regarding

articles of association and

memorandum association of

Yogam

Finance

and

Investments Private Limited.

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New Delhi, the 22nd March, 2016

S.O. 589.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 5/2015) of the Central

Government Industrial Tribunal-cum-Labour Court,

Chennai as shown in the Annexure in the Industrial Dispute

between the management of Indian Overseas Bank and

their workmen, received by the Central Government on

22.03.2016.

[No. L-12011/81/2014-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Wednesday, the 17th February, 2016

Present :

K. P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 5/2015

[In the matter of the dispute for adjudication under clause

(d) of sub-section (1) and sub-section 2(A) of Section 10

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

the Management of Indian Overseas Bank and their

workman]

BETWEEN :

The Deputy General Secretary

:

1st Party/Petitioner

All India Overseas Bank

Union

Employees Union

Admn. Office, Post Bag No. 5231

763, Anna Salai

Chennai-600002

AND

The General Manager

:

2nd Party/Respondent

Indian Overseas Bank

Anna Salai

Chennai-600002

Appearance :

For the 1st Party/

:

M/s C.R. Chandrasekaran,

Petitioner Union

Advocates

For the 2nd Party/

:

M/s NGR Prasad, V. Stalin,

Respondent

Advocates

AWARD

The Central Government, Ministry of Labour &

Employment vide its Order No. L-12011/81/2014-IR (B.II)

dated 21.12.2014 referred the following Industrial Dispute

to this Tribunal for adjudication.

The schedule mentioned in that order is:

“Whether the action of the management of IOB

regarding reduction of Pension for R.N. Prasad to

1/3rd is justified or not? What relief the workman is

entitled to?”

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vizSy 2] 2016@pS=k 13] 1938

1185

2.

On receipt of the notice, this Tribunal has numbered

it as ID 5/2015 and issued notices to both sides. Both

sides entered appearance through their counsel and filed

their Claim and Counter Statement respectively. The

petitioner has filed a rejoinder in answer to the Counter

Statement.

3.

The averments in the Claim Statement filed by the

petitioner in brief are these:

The petitioner is a union registered under the Trade

Unions Act and has under its sweep 95% of workmen

employed by the Respondent Bank. The dispute is raised

on behalf of R.N. Prasad, a member of the Union. Prasad

was issued with a Charge Sheet culminating in reduction

of his basic pension by 1/3 permanently. As per the Charge

Sheet against him he had caused damage to the property

of the Bank and its customer thus committing gross

misconduct within the meaning of Para-17.5(d) and has

also acted prejudicial to the interests of the Bank as defined

in Para-17.5(j) of the Bipartite Settlement. By order dated

19.10.2013 the Disciplinary Authority passed order referring

to Clause-5(d) and 5(j) of Memorandum of Settlement dated

10.04.2002 effective from that date only. This settlement

was not in existence when Charge Sheet was issued to

Prasad, the concerned workman on 17.07.2000. For this

reason itself the order of the Disciplinary Authority dated

19.10.2013 is not legal. Punishment listed out in Para-17.6

of the Bipartite Settlement of 14.12.1966 only could have

been imposed on the concerned workman. Apart from this

the punishment has not been imposed by the Disciplinary

Authority. He has only confirmed the order of the Board

of the Bank. There is no rule or regulation to enable him to

do so being an authority under the Bipartite Settlement.

The co-delinquents of the concerned workman who have

faced similar charge sheets were given lesser punishment

only. One William Minz, who was Assistant Manager, was

given the punishment of reduction of his Basic Pay by

two stages only. Similarly, A.N. Singh, Senior Manager

who had faced identical charge sheet was also given the

punishment of reduction of Basic Pay with one stage only.

One Sardar, Assistant Manager, was given the punishment

of reduction of Basic Pay by four stages. T.N. Sinha

belonging to Clerical Cadre who faced similar charge sheet

was given the punishment of bringing down his Basic Pay

by two stages only. The Petitioner Union has filed Writ

Petition before the High Court of Judicature of Madras

against the conduct of the enquiry proceedings as

violative of Clause-17.4 of Bipartite Settlement. While

disposing the Writ Petition, the Honble High Court has

observed that considering the quantum of punishment

awarded to co-delinquents and the fact that none of them

were imposed with the major punishment of dismissal the

petitioner is to appear for the enquiry before the concerned

authority and the authority is to conclude the proceedings

at the earliest. So the only option of the Disciplinary

Authority was to accept the defence of the workman or to

take the same decision as in the case of co-delinquent by

reducing the Basic Pay by one or two stages. The enquiry

against the petitioner was not conducted in accordance

with the principles of natural justice. Sufficient opportunity

was not allowed to the delinquent to put forth his case

during the enquiry. The concerned workman was denied

his right of appeal under the settlement as the punishment

was by the Board of Directors. An order may be passed

setting aside the punishment imposed on the concerned

workman as not justified.

4.

The Respondent has filed Counter Statement

contending as below:

While R.N. Prasad the concerned workman was

working as Special Cadre Assistant at Dhanbad Branch

he had dishonestly and fraudulently issued pre-dated pay

orders favouring Sales and Marketing Division of Bharat

Coking Coal Limited. He was charge sheeted on 17.07.2000.

The other employees who were allegedly involved in the

above misconduct were also charge sheeted separately

on the same day. Enquiries into the charge sheets against

all other delinquents other than R.N. Prasad have been

concluded. Pre-dated pay orders were issued by R.N.

Prasad and others in favour of BCCL, Dhanbad to purchase

coal from the said establishment. The issuance of predated

pay orders induced the BCCL authorities to deliver coal

after expiry of the date of offer. CBI had submitted

chargesheet in the matter against the accused including

Prasad under different sections of the Indian Penal Code.

Prasad and others had allowed persons known to them to

obtain pay order previous to the date of application and

remittance of cash and enabled them to dishonestly utilize

the same for purchase of coal from BCCL after expiry of

dates of offer. Thus, Prasad and others have falsified

records of the Bank in perpetrating the above fraudulent

acts. While enquiry proceedings was going on the

concerned workman made a request not to continue the

enquiry till completion of the criminal trial against him.

This request was rejected by the Disciplinary Authority.

The concerned workman field Writ Petition before the High

Court of Judicature at Chennai and obtained an interim

injunction against the bank from continuing the

departmental disciplinary proceedings against him. The

Writ Petition was disposed on 19.09.2011 and the concerned

workman was directed to cooperate with the enquiry. The

workman filed Writ Appeal against this order and the appeal

was dismissed on 12.12.2011. The concerned workman

superannuated on 30.06.2011. Departmental proceedings

was continued against him and he was awarded

punishment under the Pension Regulations. The workman

had opted for pension and was governed by the Pension

Regulations of the Bank. As per the pension regulations

departmental proceedings instituted while in service shall

be deemed to be proceedings under the pension

regulations after retirement of the employee. As per the

Pension Regulations the action of the Disciplinary

1186

THE GAZETTE OF INDIA : APRIL 2, 2016/CHAITRA 13, 1938

[PART II—SEC. 3(ii)]

Authority in awarding punishment of withholding of 1/3

of pension is in order. The concerned workman had issued

46 pre-dated pay orders under his signature alongwith the

signature of another official to favour some private parties

known to him for participating in coal allocation process.

During the enquiry the concerned workman had cross-

examined the Management witnesses. The Enquiry Officer

had found the charges against the concerned workman to

be proved. It is incorrect to state that enquiry was not

conducted in accordance with the principles of natural

justice. The contention that the concerned workman had

meted out discrimination in imposition of punishment also

is without basis. The number of incidents and irregularities

in respect of the other delinquents differed and the

punishment imposed on them related to earlier period. The

petitioner is not entitled to any relief.

5.

The petitioner has filed a rejoinder denying the

contentions in the counter statement and reiterating his

case in the Claim Statement.

6.

In view of the contentions raised by the petitioner

that departmental enquiry was not conducted in a fair and

proper manner, this issue was considered as a Preliminary

Issue. By order dated 10.08.2015 this Tribunal has found

that enquiry was fair and proper. There is no necessity to

consider the issue again.

7.

The evidence in the case of consists of documents

marked as Ext.W1 to Ext.W34 and Ext.M1 to Ext.M10. No

oral evidence was adduced on either side.

8.

The points for consideration are :

(i)

Whether the action of the Respondent in reducing

pension of the concerned workman to 1/3 is justified?

(ii)

What, if any is the relief to which the concerned

workman is entitled?

The Points

9.

The ID is raised by the Petitioner Union on behalf of

R.N. Prasad, the concerned workman against whom

disciplinary proceedings had been initiated by the

Respondent Bank while he was working as Special Cadre

Assistant at Dhanbad Branch of the Bank. Charge Sheet

dated 17.07.2000 had been issued to the concerned

workman. An enquiry had been conducted against him

and the punishment of reduction of 1/3 of the pension had

been imposed on the concerned workman by order dated

19.10.2013. The disciplinary proceedings against the

workman was started not long after charge sheet was

issued. As could be seen from the Counter Statement

examination of the Management witnesses was over and

enquiry was postponed to another date. After this a request

was made on behalf of the concerned workman to

postpone the proceedings on the ground that it cannot be

continued till completion of the criminal proceedings that

had been initiated against him. This request seems to have

been turned down on the ground that criminal case has

not reached the trial stage. The concerned workman

approached the Hon’ble High Court and filed Writ Petition

No. 39807/2002 and obtained an interim injunction order

against continuing the departmental disciplinary

proceedings. The Writ Petition was disposed on

19.09.2011. The workman filed Writ Petition 2300/2011 and

this was dismissed on 12.12.2011. In the meanwhile the

concerned workman had superannuated on 30.06.2011. It

was after disposal of the Writ Appeal enquiry proceedings

was continued resulting in long delay in the disposal of

the proceedings. It is only on 19.10.2013 the order under

challenge was passed by the Disciplinary Authority.

10.

The petitioner has raised several grounds in the

Claim Petition against the order imposing penalty on the

concerned workman by which his pension was reduced

by 1/3rd. On going through the Claim Statement I do not

find any attack by the petitioner against the finding of

guilt entered by the Enquiry Officer. It is stated in the

Claim Statement that enquiry was conducted not in

compliance with the principles of natural justice, that there

was delay in proceeding with the enquiry after disposal of

the Writ Appeal by the High Court, that the punishment is

not under the provision by which the concerned workman

was charged, that the concerned workman was

discriminated while imposing punishment, etc. But

nowhere in the Claim Statement it is seen stated that the

concerned workman has not committed the misconducts

alleged. So it is to be taken that the petitioner is not

attacking the finding other than for the reason that enquiry

was not fair and proper.

11.

Even assuming that the petitioner is attacking the

correctness of the finding entered in the enquiry

proceedings, it could be seen that there could not have

been a finding otherwise. Three charges were raised against

the concerned workman by charge sheet dated 17.07.2000.

The first charge states that the workman had dishonestly

and fraudulently issued predated pay orders as per

Annexure enclosed, favouring Sales and marketing

Division of BCCL, Dhanbad at the instance of persons

known to him and thus he had allowed persons known to

him to obtain pay orders previous to the date of application

and remittance of cash and enabled them to dishonestly

utilize the same for purchase of coal from BCCL after expiry

of dates of offer. The second charge is that to cover up

the fraud referred to in the first charge, on the date of

presentation of the pay orders the dates of these orders

were altered as the dates of application for pay orders.

The third charge is that the workman had thus falsified the

records of the bank in perpetrating the fraudulent acts.

The enquiry officer found charges 1 and 3 proved. It is on

the basis of this finding the pension of the workman was

reduced by 1/3rd by the Disciplinary Authority.

12.

The annexure to the charge mentions the number,

amount, the date of pay order as per Bank’s book and the

date in the pay order in respect of 47 pay orders, the

¹Hkkx IIó[k.M 3(ii)º

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1187

aggregate amount of which would come to Rs. 2.06 crores.

The concerned workman has not given any explanation to

the charge, as seen from the Enquiry Officer’s report. He

has not given any evidence before the Enquiry Officer

also. MW2, the Manager of the concerned branch at that

time had given evidence referring to the pay orders. It is

mainly on the basis of this the enquiry officer has recorded

his finding. On going though the Claim Statement I do not

find any contention for the petitioner that these pay orders

are not in the handwriting of the concerned workman or

that these do not contain his signatures. What is stated in

the Claim Statement is that the pay orders are to be signed

by an Officer also. That the pay orders contained the

signature of any Officer will not make the act of the

concerned workman less grave. The concerned workman

had no authority to issue such pay orders for amount

above Rs. 10,000/-. So there is no doubt that the concerned

workman had issued predate pay orders, 47 in number for

amount aggregating more than Rs. 2.00 crores and the

records of the bank was falsified for issuing such pay

orders.

13.

Now the contention raised on behalf of the petitioner

for attacking the punishment imposed on the workman

can be considered. The charge sheet was apparently

issued for misconducts under Clause-17.5(d) which is

willful damage or attempt to cause damage to the property

of the Bank or any of its customers and 17.5(j) which is

doing any act prejudicial to the interests of the Bank or

gross negligence or negligence involving or likely to

involve the Bank in serious loss as per the Bipartite

Settlement of 1966. However, the Disciplinary Authority

who imposed punishment referred to Clause-5(d) and 5(j)

of Memorandum of Settlement dated 10.04.2002 and found

that the concerned workman had committed misconducts

under these clauses and punishment was imposed based

on these. The argument that is advanced on behalf of the

petitioner is that the concerned workman having been

charged under the Bipartite Settlement of 1966, punishment

could not have been under the relevant clauses of 2002

settlement which was not in existence at the time when the

Claim Statement was issued. Certainly, punishment could

be based on the charge sheet that was issued only. So the

punishment has to be under the settlement of 1966.

However, I have gone through the relevant clauses of

Bipartite Settlement of 1966 as well as the settlement of

2002. Clause-17.5(d) and (j) in the settlement of 2002 is an

exact replica of the clauses in 1966. There is not even a

slight change in the latter. So merely because the order of

the Disciplinary Authority states that the punishment is

as per the clauses in 2002 settlement, it has not caused

any prejudice to the concerned workman whether it is

settlement of 1966 or 2002 the misconducts alleged are the

same. In all probability, since the settlement that was in

vogue was that of 2002 at the time when the Disciplinary

Authority passed its order, either because he was under

the impression that order could be only under the existing

settlement or due to oversight he might have shown it as

under the settlement of 2002. This has not changed the

situation in any manner. The concerned workman has not

been affected also by this in any manner.

14.

The second contention that is raised in the Claim

Statement is that the punishment is actually not imposed

by the Disciplinary Authority but he has only confirmed

punishment that was proposed by the Board of Directors.

The wording used by the Disciplinary Authority is that he

“is confirming the punishment of withholding of 1/3 of the

pension permanently”.

15.

There is no basis for the above contention on behalf

of the workman also. As already stated the concerned

workman had retired form service on superannuation by

the time the enquiry proceedings had been completed.

Since the workman had superannuated punishment is

imposed as per the provisions of the Pension Regulations.

The concerned workman could not have been imposed

the punishment of discharge, dismissal or other lesser

punishment provided in the Bipartite Settlement since he

had retired from service by the time enquiry was completed.

16.

Imposition of punishment based on Pension

Regulations is quite in order as could be seen from the

regulations itself. Regulation-43 of the Pension

Regulations states that the competent authority may by

order in writing withhold or withdraw pension or part

thereof whether permanently or for a specified period if

the pensioner is convicted of a serious crime or criminal

breach of trust or forgery or acting fraudulently or is found

guilty of grave misconduct. Regulation-48 states about

recovery of pecuniary loss caused to the Bank. Regulation-

48 (1) states that the competent authority may withhold or

withdraw pension or part thereof whether permanently or

for a specified period and order recovery from the pension.

Regulation-48 (2) states that recovery shall not ordinarily

be made at a rate exceeding 1/3 of the pension admissible

on the date of retirement of the employee. As per the

proviso to Regulation-48(1) any departmental proceedings

instituted while the employee was in service, after

retirement of the employee shall be deemed to be

proceedings under the concerned regulations and shall

be continued and concluded by the authority by which

they were commenced in the same manner as if the

employee has continued in service. There is no case for

the Bank that any pecuniary loss was caused to the Bank

by the act of the concerned workman. However, the Bank

has suffered in the sense that the act of the concerned

workman had been prejudicial to the interest of the Bank.

The image of the Bank was tarnished very much by the

act. So punishment is in order under Regulation-43 of the

Pension Regulations.

17.

The argument advanced that the Disciplinary

Authority only confirmed the punishment and for this

1188

THE GAZETTE OF INDIA : APRIL 2, 2016/CHAITRA 13, 1938

[PART II—SEC. 3(ii)]

reason also the punishment is not legal also has no basis.

Once the delinquent has reached the stage after

superannuation the Board of Directors are to be consulted

before any final orders are passed, as per the proviso to

Regulation-48. It was because of this provision the

proposal for punishment of reduction in pension was sent

to the Board of Directors and it was approved by the Board.

It is because of this, the Disciplinary Authority has used

the wording that he is confirming the punishment

proposed. The proposal for punishment is in fact by the

Disciplinary Authority itself. The board has only approved

the proposal. So there is nothing illegal in the punishment

imposed, on this count also.

18.

The last argument that has been advanced on behalf

of the petitioner is that discrimination has been meted out

to the concerned workman while imposing punishment.

The Claim Statement itself refers to the names of some

other employees including three Officers against whom

charge sheets were issued for similar offences and were

punished. The contention raised on behalf of the workman

is that this other offenders were left out with lesser

punishments like reduction in the Basic Pay by two stages,

four stages, etc. For one thing, the enquiry was concluded

only after the petitioner has retired on superannuation. So

the punishment of reduction in Basic Pay or such other

punishments contemplated in the Bipartite Settlement

would not have been possible in the case of the concerned

workman. The only punishment that could have been

imposed is reduction in the pension and recovery from

pension if there was any pecuniary loss.

19.

Even on considering the punishment imposed on

the other employees, it could be seen that the claim of the

concerned workman that there was total discrimination

could not be accepted. Of course charge sheets issued to

those employees were almost for similar misconducts.

However, there is difference in the gravity of the offences

in the sense that the concerned workman had issued many

number of pay orders than that were issued by those

others. The workman had taken pains to produce the

charge sheet issued to those other employees. Ext.W12 is

the Charge Sheet issued to one T.N. Sinha. This Charge

Sheet was also issued on 17.07.2000. The charge is that he

had issued pre-dated pay orders also favouring Marketing

Division of BCCL, Dhanbad. The charge shows that he

had issued two pay orders of an aggregate amount of Rs.

7.5 lakhs. As per Ext.W13, the punishment of bringing

down the Basic Pay by two stages was imposed on him.

Ext.W14 is the Charge sheet against one William Minz,

Assistant Manager on 17.07.2000 itself alleging that he

issued pre-dated pay orders, 10 in number, the aggregate

amount being about Rs. 34.00 lakhs. By Ext.W15 the

punishment of reduction in Basic Pay by five stages in the

time scale of pay for a period of one year with further

direction that he will not earn increment on pay during the

period of such reduction and on the expiry of such period

the reduction will have the effect of postponing his future

increment as per the discipline and appeal regulations of

the Bank in respect of Officers was imposed on him. He

filed an appeal and the punishment was brought down to

reduction in Basic Pay by two stages rather than five

stages. Ext.W17 is the charge sheet issued to one A.N.

Singh on the same day for issuing pre-dated pay orders,

two in number for an aggregate amount of above Rs. 9.00

lakhs Originally, he was awarded penalty of reduction in

Basic Pay by five stages. As seen from Ext.W19, the order

in appeal this was brought down to reduction in Basic Pay

by one stage. Ext.W20 is the charge sheet issued to D.N.

Sardar, Assistant Manager on the same date for issuing 37

pre-dated pay orders, the aggregate amount being more

than Rs. 1.65 crores. As per Ext.W21, the order in appeal,

the initial order of reduction in Basic Pay by five stages in

the time scale for a period of one year was reduced to

reduction in Basic Pay by four stages.

20.

On an analysis of the above four Charge Sheets and

the respective punishment imposed on the delinquents, it

could be seen that the punishment is not the same for all

the persons. The competent authority seems to have taken

into account the number of pay orders issued by the

concerned persons and the amount involved. That is why

D.N. Sardar who issued several pay orders received the

maximum punishment.

21.

The petitioner has issued 47 pay orders and his case

could not be compared with the case of those persons

who had issued only one or two or only a few pay orders.

However, his case is somewhat similar to that of D.N. Sardar.

There is the fact that the punishment on him was reduction

in pay by four stages and that also for one year only and

if retired he might be enjoying full pension unlike in the

case of concerned workman. So to make the punishment

of the concerned workman somewhat in parity with that of

D.N. Sardar some reduction will not be out of place.

Reduction of pension by one fourth will put the concerned

workman in the same scale as that of D.N. Sardar.

Accordingly, an award is passed as below:

The punishment imposed on the concerned

workman is reduced to withholding of pension by

1/4th permanently, as per the Pension Regulations

of the Respondent.

The reference is answered accordingly.

(Dictated to the P.A., transcribed and typed by him,

corrected and pronounced by me in the open court on this

day the 17th February, 2016)

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner Union

:

None

For the 2nd Party/Management

:

None

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vizSy 2] 2016@pS=k 13] 1938

1189

Documents Marked :

On the petitioner’s side

Ex.No.

Date

Description

Ext.W1

14.12.1996

Extracts of first bipartite

settlement

Ext.W2

31.03.1970

Extracts of Banking Companies

(A&T of Undertakings) Act,

1970

Ext.W3

30.04.1979

Extract of a Bipartite Settlement

Ext.W4

17.07.1994

CBI – FIR

Ext.W5

01.04.2000

Sanction Order issued by J.K.

Gupta DGM

Ext.W6

31.05.2000

Charge sheet filed by CBI

before Special Court, Dhanbad

Ext.W7

17.07.2000

Charge sheet issued by J.K.

Gupta, DGM to R.N. Prasad

(similar to 4 others)

Ext.W8

10.04.2000

Extracts of a Memorandum of

Settlement

Ext.W9

29.10.2002

R.N. Prasad’s request to recall

MW1 again for cross-

Examination

Ext.W10

26.10.2002

DA (DGM) refused to recall

MW1 for cross

Ext.W11

29.10.2002

Interim Injunction granted in

M.P. No. 59236/2002 on

admitting WP 39807/2002 by

the Hon’ble High Court

restraining the Bank from

pursuing

with

enquiry

proceedings against R.N.

Prasad

Ext.W12

17.07.2000

Charge sheet issued to Mr. T.N.

Sinha, Clerical Staff by DA/Dy.

General Manager

Ext.W13

26.06.2003

Punishment inflicted on Mr.

T.N. Sinha, Clerical Staff by

DA/DGM

Ext.W14

17.07.2000

Charge sheet issued to Mr.

William Minz, Assistant

Manager by DA/DGM

Ext.W15

07.05.2003

Order of the DA/DGM issued

to Mr. William Minz, Assistant

Manager

Ext.W16

13.11.2003

Penalty inflicted on Mr. William

Minz, Assistant Manager by

DA/GM

Ext.W17

17.07.2000

Charge sheet issued to Mr.

A.N. Singh, Senior Manager by

DA/DGM

Ext.W18

07.05.2003

Order of the DA/DGM issued

to Mr. A.N. Singh, Senior

Manager

Ext.W19

13.11.2003

Penalty inflicted on Mr. A.N.

Singh, Senior Manager by AA/

GM

Ext.W20

17.07.2000

Charge sheet issued to Mr.

D.N.

Sardar,

Assistant

Manager by DA/DGM

Ext.W21

13.11.2003

Penalty inflicted on Mr. D.N.

Sardar, Assistant Manager by

AA/GM

Ext.W22

30.06.2011

Date of Superannuation of R.N.

Prasad (conditional)

Ext.W23

19.09.2011

Order in WP 39807/2002 by

High Court dismissing it

Ext.W24

08.05.2012

R.N. Prasad to DA for copies

of MEs

Ext.W25

07.06.2012

R.N. Prasad to DA for copies

of MEs

Ext.W26

09.06.2012

DA’s reply that MEs are not

retrievable

Ext.W27

05.07.2012

DA’s enquiry findings

Ext.W28

08.12.2012

Board of Directors refused to

punish R.N. Prasad

Ext.W29

20.03.2013

Board of Directors refused to

punish R.N. Prasad

Ext.W30

19.10.2013

Punishment inflicted on R.N.

Prasad

Ext.W31

22.10.2013

Pension Cell to R.N. Prasad

advising

quantum

of

punishment

Ext.W32

29.10.2013

R.N. Prasad’s request under

RTI for Board Resolution

copies denied

Ext.W33

29.04.2014

R.N. Prasad’s appeal to the

Appellate Authority

Ext.W34

14.06.2014

DGM, the Appellate Authority

dismisses the appeal of R.N.

Prasad

On the Management’s side

Ex.No.

Date

Description

Ext.M1

22.06.2002

Enquiry Proceedings

1190

THE GAZETTE OF INDIA : APRIL 2, 2016/CHAITRA 13, 1938

[PART II—SEC. 3(ii)]

Ext.M2

24.10.2002

Defence Representative of

petitioner letter to Enquiry

Officer

Ext.M3

12.12.2011

Order in WA No. 2300 of 2011

Ext.M4

14.05.2012

Enquiry Proceedings

Ext.M5

21.05.2012

Respondent letter to the R.N.

Prasad forwarding Presenting

Officer’s brief

Ext.M6

17.08.2012

Respondent letter to R.N.

Prasad informing about

hearing

Ext.M7

04.09.2012

Respondent letter to R.N.

Prasad informing about

hearing

Ext.M8

24.09.2012

Proceedings of the personal

hearing

Ext.M9

02.04.2014

Personal hearing notice in

respect of appeal dated

07.12.2013

Ext.M10

29.04.2014

Proceedings of the personal

hearing.

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New Delhi, the 22nd March, 2016

S.O. 590.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 65, 67/2014) of the

Central Government Industrial Tribunal-cum-Labour Court,

Chennai as shown in the Annexure in the Industrial Dispute

between the management of Chennai Port Trust and their

workmen, received by the Central Government on

22.03.2016.

[No. L-33011/2/2014-IR (B-II),

No. L-33011/1/2014-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Thursday, the 4th February, 2016

Present :

K. P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 65 and 67/2014

[In the matter of the dispute for adjudication under clause

(d) of sub-section (1) and sub-section 2(A) of Section 10

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

the Management of Chennai Port Trust and their workman]

BETWEEN :

Sri V.K. Balakrishnan

:

1st Party Petitioner in

General Secretary

ID No. 65/2014

Former Trustee of Chennai

Port Trust

The Madras Port Trust

Railwaymen Union

Bhagat House, New No. 47,

Old No. 204

Prakasam Salai

Chennai-600108

AND

The Chairman

:

2nd Party/Respondent

Chennai Port Trust

Rajaji Salai

Chennai-600001

Appearance :

For the 1st Party

:

M/s Balan Haridas, Advocates

Petitioner

For the 2nd Party

:

Sri S.P. Patel

Respondent

The General Secretary

:

1st Party Petitioner

The MPT Railway Men’s Union

in ID No. 67/2014

V.K.B. Bhavan

Old No. 18, New No. 62

4th North Beach Road

Chennai-600001

AND

The Chairman

:

2nd Party/Respondent

Chennai Port Trust

Rajaji Salai

Chennai-600001

Appearance :

For the 1st Party

:

M/s. Balan Haridas, Advocates

Petitioner

For the 2nd Party

:

Sri S.P. Patel

Respondent

¹Hkkx IIó[k.M 3(ii)º

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1191

COMMON AWARD

ID 65/2014

The Central Government, Ministry of Labour &

Employment vide its Order No. L-33011/2/2014-IR (B.II)

dated 01.08.2014 referred the above Industrial Dispute to

this Tribunal for adjudication.

The schedule mentioned in ID 65/2014 is as under:

“Whether the action of the Chennai Port Trust

management regarding termination of Settlement OT

paid to the workers by way of sending notice as per

Section 19(2) of the ID Act, 1947 is justifiable or

not? If not, to what relief the workers are entitled

to?”

ID 67/2014

The Central Government, Ministry of Labour &

Employment vide its Order No. L-33011/1/2014-IR (B.II)

dated 04/07.08.2014 referred the above Industrial Dispute

to this Tribunal for adjudication.

The schedule mentioned in ID 67/2014 is as under:

ID 67/2014

“Whether the action of the management of Chennai

Port Trust regarding stoppage of OT Payment for

the technician posted in Diesel Loco Service Station

at Marshalling Yard at Chennai Port Trust is justified

or not? What relief the workmen are entitled to?”

3.

On receipt of the Industrial Dispute this Tribunal

has numbered them as ID 65 and 67/2014 respectively and

issued notices to the parties. Both sides have entered

appearance and filed Claim and Counter Statement

respectively. The petitioners in both cases have filed

rejoinder in answer to the respective Counter Statements.

4.

The averments in the Claim Statement in ID 65/2014

are as below:

The petitioner is a recognized union and it has 1106

members working with the Respondent. The Respondent

has entered into several settlements with the Petitioner

Union. The employees in the Marine Department of the

Respondent are engaged in receiving the ships to the

Chennai Port and smooth exit of the ships out of Chennai

Port. The employees are working in the Floating Craft in

the deck side, in the engine side and in the signal stations.

Because of the hazardous nature of work done by these

employees the Respondent had been paying monthly

Special Allowance to the Marine Workers of the Pilotage

Section, Mooring Section, Signal Station and the Yard Staff

of the Marine Department from 1997 onwards. The

Respondent had entered into a settlement with the

Petitioner Union on 21.10.1992 under Section-18(1) of the

ID Act by which the monthly allowance paid to the

employees was withdrawn and one hour fixed overtime at

single hourly rate was agreed to be paid with effect from

01.07.1992 onwards to each of the aforesaid categories of

workers and also workers of the service station of the

Marine Department. This one hour single hourly fixed

overtime was increased to double hourly overtime w.e.f.

01.04.1994 by order of Deputy Port Conservator dated

13.06.1994. There had been settlement under Section-18(1)

of the ID Act between the Petitioner Union and the

Respondent on 19.,03.2001 consequent to the arbitration

award dated 02.08.1999. By this settlement the Union

agreed not to implement the clause of the arbitration award

which recommended the strength of mooring crew at 180

against the existing strength of 149 and in turn the

Respondent agreed to extend one hour single overtime

per date of attendance to Floating Craft crew and signal

station staff of the Marine Department w.e.f. 01.02.2001.

This was in addition to the Overtime Allowance given

under the settlement dated 21.10.1992 which had been

increased by order dated 13.06.1994. Thus the employees

in the aforesaid categories in the Marine Department were

given double hour overtime and one hour single rate

overtime per day of attendance. Thus the employees had

been receiving overtime wages which is actually allowance

for all practical purpose, taking note of the hazardous work

done by the said categories of employees. Taking into

account the nature of work done by the Diesel Loco Drivers

the Respondent granted two hours overtime per day of

attendance w.e.f. 09.02.1997. On 08.03.2001 the Respondent

entered into a settlement under Section-18(1) of the ID

Act with the petitioner by which the two hours overtime

was extended to the yard foreman, Chief Shunting Master/

Shunting Masters and coupling porters Grade-I and II on

par with Diesel Loco Drivers w.e.f. 19.02.2000. Thus the

above categories of employees have been receiving 2 hour

overtime per days’ attendance. On 20.03.2013 the

Respondent issued notice proposing to terminate the

settlements dated 21.10.1992, 08.03.2001 and 19.03.2001.

On receipt of this notice the Petitioner Union issued a

strike notice on 24.04.2013. Conciliation was initiated by

Labour commissioner (C), Chennai but it ended in failure.

In 2004 also similar notice had been issued by the

Respondent, however, this was not acted upon. After

notice dated 20.03.2013 the Respondent had discontinued

the allowance by way of overtime given pursuant to the

settlements dated 21.10.1992, 08.03.2001 and 19.03.2001

from July 2014. The Marine Department employees have

been paid only one hour double rate of overtime from the

month of July 2014. The Loco Department employees have

been granted only half single overtime and half double

overtime from July 2014 for performance of 8 hours shift.

Unless settlement earlier referred to are replaced by another

settlement the overtime wages paid under the settlement

cannot be withdrawn unilaterally by the Respondent.

When the overtime wages had become part of the service

condition in respect of category of employees in the

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[PART II—SEC. 3(ii)]

Marine Department and in the Loco Department the same

cannot be withdrawn without notice under Section-9A of

the ID Act. Withdrawing the overtime allowances is illegal

and void-abinitio. A notice under Section-19(2) of the ID

Act will not terminate the settlements. The Respondent

should have raised a dispute to terminate the settlements

and only in the event of an award replacing the settlement

the overtime allowance can be withdrawn. The Petitioner

Union has raised the dispute in the above circumstances.

The meeting convened by the Respondent consequent to

this as advised by the Assistant Labour Commissioner

did not yield any result. An award may be passed holding

that the action of the Respondent in discontinuing the

allowance by way of overtime to the categories of Marine

Department employees covered under the Settlement dated

21.10.1992 and 19.03.2001 and the Loco Department

employees covered under the Settlement dated 08.03.2001

from July 2014 is illegal and also directing the Respondent

to restore the benefit of allowance by way of overtime to

the employees covered under the terms of the above

settlements.

5.

The Respondent has filed Counter Statement

contending as below:

The dispute is not maintainable either in law or in

facts. Due to financial constraints consequent to the

stoppage of handling of iron ore, coal, etc. pursuant to a

Green Bench order of the High Court of Madras austerity

measures have been taken and orders have been passed

stopping the settlement based overtime and non-

settlement overtime granted to some categories of

employees and direction was issued to adhere to

department-wise ceiling fixed for payment of overtime on

need basis. The overtime payment has not been stopped

forthwith but only regulated as per the economic

conditions prevailing in the Chennai Port Trust. Notices

were issued terminating the 3 settlements entered into with

the Madras Port Trust Employees Union and 3 other

settlements entered with the Madras Port Trust

Railwaymen Union, the petitioner. The Respondent had

entered into settlements with the Union only to improve

productivity when it had very good business. Overtime

payment will not come under wages. It is being granted

for the employees who have worked beyond their

scheduled working hours and that too on exigency. The

National Industrial Tribunal has recommended in its award

that all kinds of wasteful and restrictive practices such as

notional booking, fixed overtime / relieving overtime etc.

should be stopped completely. The petitioner has no locus-

standi to raise the dispute. The petitioner is not entitled to

any relief.

6.

The petitioner has filed rejoinder denying the

contentions in the Counter statement and reiterating his

case in the Claim Statement.

7.

The averments in the Claim Statement in ID 67/2014

are as below:

The petitioner is a recognized union and the

Respondent has entered into several settlements with the

Petitioner Union. The dispute concerns withdrawal of

allowance given by way of overtime to the technicians

working in Diesel Loco Service Station at Marshalling Yard

of Chennai Port Trust. Because of hazardous nature of

work done by the employees working in the Diesel Loco

Service Station at Marshalling Yard there had been demand

for introduction of incentive scheme. The Respondent

approved the incentive scheme in the year 1997 and this

was recorded in the minutes of discussion held on

10.12.1999 and sent to the Government for approval. As

the matter was stuck up with the Central Government, on

discussion with the petitioner the Respondent agreed to

give 4 hours overtime wages on Saturdays in lieu of

incentives to the employees of the Diesel Loco Service

Station. The employees had been receiving this overtime

wages from 1997. This is allowance / incentive for all

practical purposes. From January 2014 the Respondent

reduced the overtime wages to 1.5 hours and discontinued

it totally from June 2014 without any notice. Overtime wages

had become part of the service condition in respect of

technicians in the Diesel Loco Service Station at

Marshalling Yard and the same cannot be withdrawn

without notice under Section-9A of the ID Act. Withdrawal

of overtime allowances is grossly illegal and void-abinitio.

The dispute is raised accordingly. An award may be passed

holding that the action of the Respondent in discontinuing

the allowance by way of overtime is illegal and also

directing the Respondent to restore the benefit of

allowance.

8.

The Respondent has filed counter Statement

contending as below:

The dispute is not maintainable either on law or in

facts. Due to financial constraints consequent to the

stoppage of handling of iron ore, coal, etc. pursuant to the

Green Bench order of the Madras High Court austerity

measures have been taken by the Respondent. The

overtime payment has not been stopped completely but

only regulated as per the economic conditions prevailing

in the Chennai Port Trust. Wages given to the employees

on Saturdays was only with regard to the extra time worked

by them and not by way of incentive as claimed by the

petitioner. The working time on Saturdays is from 07.30

AM to 12.30 PM. Due to exigencies of work that prevailed

in the year 1999 the employees were asked to work 4 hours

more on Saturdays. There is every justification for stoppage

of overtime payment for the technician employees in Diesel

Loco Service Station at Marshalling Yard. The concerned

workmen are not entitled to any relief.

9.

The petitioner has filed rejoinder in answer to the

Counter Statement denying the contentions therein and

reiterating the case in the Claim Statement.

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1193

10.

The two IDs were tried jointly as the parties to both

IDs are the same and the issues raised are almost similar.

ID 65/2014 was treated as the main case and evidence was

recorded in the same.

11.

The evidence in the case consists of oral evidence

of WW1 and MWs 1 and 2 and documents marked as

Ext.W1 to Ext.W29 and Ext.M1 to Ext.M9.

12.

The points for consideration in ID 65/2014 are:

(i)

Whether the action of the Management in denying

overtime payment to the workers by sending notice

under Section-19(2) of the ID Act is justified?

(ii)

What, if any is the relief to which the workmen are

entitled?

13.

The points for consideration in ID 67/2014 are:

(i)

Whether the action of the Respondent in stopping

overtime payment for the technicians in Diesel Loco

Service Station in Marshalling Yard is justified?

(ii)

What, if any is the relief to which the concerned

workmen are entitled?

Points in ID 65/2014

14.

The dispute in ID 65/2014 is raised challenging the

action of the Management in terminating the settlements

dated 21.10.1992, 08.03.2001 and 19.03.2001 by issuing

notices under Section-19(2) of the Industrial Disputes Act.

15.

The facts of the case put forth by the petitioner in

the Claim Statement are mostly admitted by the

Respondent. It is not in dispute that the three settlements

referred to earlier were entered into by the petitioner and

the Respondent and by these settlements the concerned

workmen were obtaining amount as overtime payment.

Even earlier a section of the workmen of the Respondent

were receiving amount as allowances. According to the

petitioner this was because of the hazardous nature of the

work done by the concerned workmen. Thus the employees

working in the floating craft in the deck side, engine side

and signal stations were getting such allowance. Later,

rather than allowance, overtime payment was made on the

basis of different settlements. The first settlement in this

respect was on 21.10.1992 entered into under Section-18(1)

of Industrial Disputes Act. Copy of this settlement is

marked as Ext.W1. It could be seen even from Clause-4 of

the settlement which provided for overtime rate that earlier

payment was made as allowance. Clause-4 of Ext.W4 runs

as below:

It is further agreed that consequent to the withdrawal

of payment of monthly allowance referred to in

Clause-3 in respect of the aforesaid categories of

marine workers one hour fixed overtime at single

hourly rate would be paid w.e.f. 01.07.1992 onwards

to each of the aforesaid categories of workers and

also to the workers of the service station of the

Marine Department on the days of attendance.

Clause-3 of the same settlement is to the effect that

the allowance that was being paid to the marine

workers of pilotage section, mooring section, signal

station and the yard of the marine department will

be withdrawn. It is on such withdrawal that one hour

fixed hour fixed overtime at single hourly rate was

provided as per Clause-4.

16.

Another settlement was entered into on 08.03.2001

in respect of Yard Foreman, Shunting Masters etc. Ext.W4

is the copy of this settlement. Even before this settlement

was entered into the Diesel Loco Drivers were granted

two hours overtime per day of attendance w.e.f. 09.02.1997.

By Ext.W4 settlement the respondent extended the two

hours overtime to the Yard Foreman, Chief Shunting

Masters / Shunting Masters and Coupling Porters of Grade-

I and II.

17.

Ext.W5 is another settlement entered into on

19.03.2001. An arbitration award was pronounced by

Captain Kishore on 02.08.1999. The arbitration award had

recommended that the strength of the mooring crew

should be increased to 180 from the existing strength of

149. Ext.W5 seems to have been executed as a substitute

for not implementing this suggestion. The Union agreed

not to implement this suggestion for increase in the

strength of the mooring crew. In turn the Respondent

agreed to extend one hour single hour overtime per day of

attendance to the floating craft crew and signal stations

staff of the Marine Department w.e.f. 01.02.2001.

18.

The Respondent had issued Ext.W7, W10 and W11

notices proposing to terminate the above three settlements

by which overtime payment was extended to different

sections of the employees. The case that is advanced by

the Respondent in the Counter Statement is that the

Respondent had been experiencing financial crunch for

some time and it was to ride over this difficulty that the

benefits given as per the above settlements were proposed

to be terminated. Even after issuing notice terminating the

settlements, the workmen seem to have been getting

overtime payment but for a reduced time only.

19.

According to the Respondent the payment that is

being made as per settlements under challenge are only

payments made for overtime work. It is the further case of

the Respondent that overtime wage is not part of the wages

but is given on need basis only and therefore the benefit

can be stopped at any time. Even now the workers are

getting overtime wages on need basis even though not in

the same measure as they were getting earlier, the

Respondent has stated.

20.

It is the case of the petitioner that even though the

term used in the three settlements is overtime payment, it

is in effect by way of allowance and therefore it cannot be

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[PART II—SEC. 3(ii)]

stopped as done by the Respondent. Before considering

the question whether the benefit can be terminated by

issuing a notice under Section-19(2) of the ID Act it is to

be seen whether the amount that was received by the

workmen is only overtime payment or allowance as claimed

by them. There cannot be any doubt that it is as a special

allowance that they were getting it though termed as

overtime payment. This is clear even from the clauses in

Ext.W1. By Clause-3 of Ext.W1 the Special Allowance that

was earlier paid to a section of workers has been withdrawn

and it was as a substitute that they were provided with

one hour fixed time at single hourly rate w.e.f. 01.07.1992.

Clause-5 of Ext.W1 makes it more clear that the payment

as per Clause-4 was only by way of allowance. As per

Clause-5, in the case of workers of pilotage and mooring

sections, two sections of workers covered under Clause-

4 also, if and when they are detained for overtime work

beyond the scheduled duty hours they would be paid

normal overtime in addition to the one hour fixed overtime

at single hourly rate referred to in Clause-4. Thus it is clear

from Clause-5 that if the overtime payment as per the said

clause was to be available to the concerned workers they

should have worked beyond the scheduled duty hours.

This itself would show that payment as per Clause-4,

though termed as overtime payment, was payable even

though the workers worked only for 8 hours which is the

normal duty hours.

21.

It is clear from the evidence given by MWs 1 and 2

also that the amount termed as overtime payment was

being paid even though the workers worked only for 8

hours, for those days in which they had attended work.

MW1 has admitted during his cross-examination that

overtime payment was given for 8 hours of work done by

them and they did not do any extra work beyond 8 hours.

MW1 also admitted that the allowance paid before Ext.W1

also was for the work done for 8 hours by the employees.

It could be read from the evidence of MW2 also that the

workers were receiving payment as overtime for the normal

duty hours during which they have worked. So the feeble

contention in the Counter Statement that the payment was

as overtime wages will not hold good. Though couched

under the term “Overtime Payment”, the amount was being

paid to the workers considering the hazard nature of work

done by them and it is only an allowance.

22.

Now the question to be considered is whether the

three settlements got terminated by the notices. As stated,

the case of the Respondent is that the Port Trust had

landed in financial difficulties and it was only to overcome

this difficulty the decision to terminate the settlements

have been taken. The main business of the Port was of

Irion ore, limestone, coal, etc. A Green Bench of the Madras

High Court passed Ext.M8 order on 11.05.2011 directing

that only clean cargoes are to be brought to the Chennai

Port and the dusty cargoes like iron ore, coal. etc. should

be distributed through Ennore Port only. Consequently,

iron ore and coal which were so far brought through

Chennai Port were directed to Ennore Port and this resulted

in loss of business in Chennai Port is the case of the

Respondent. According to the Respondent, in such

contingency payments as per the three settlements could

not be made and this has resulted in issuing notice under

Section-19(2) of the ID Act proposing to terminate the

settlement. The Respondent has also produced Ext.M9

the administration report of the Port Trust for the year

2013-2014. Page-19 of Ext.M9 gives the details of the

container traffic of the Port for years 2009-2010 to 2013-14.

The graph showing the total traffic from Chennai Port

during the years from 2009-10 to 2013-14 is shown in Page-

23 of the Report. The graphs of course shows the reduction

in the amount of traffic handled by the Port.

23.

According to the Respondent it is within their power

to impose the restrictions because of the reduced traffic

of the Port. The counsel has relied upon the decision in S.

MERRITONE ZACHARIRAJ VS. GOVERNMENT OF

TAMILNADU AND OTHERS reported CDJ 2008 MHC

3607 in support of his argument. It was a case where

teachers who were appointed on a consolidated pay on

sanctioned post had claimed that they are entitled to regular

pay. The action of the Government of Tamil Nadu in making

consolidated pay in the particular circumstances of

financial crunch of the government was upheld by the

Hon’ble High Court of Madras. However, the position of

law laid down in the above case will not come to the aid of

the Respondent in the present case. It was a case where

the very posting of the teachers was on a consolidated

pay. They had to work for 5 years on this consolidated

pay and thereafter they were to be brought into the regular

pay scale. The teachers have entered into specific

agreement with the Government that they would work

on consolidated pay. It is not the case here. The Petitioner

Union and the Respondent have entered into settlements

under Section-18(1) of the ID Act by which certain benefits

were conferred on the workmen.

24.

The question is whether the benefits conferred

could have been withdrawn by issuing notice under

Section-19(2) of the ID Act. It is pointed out by the counsel

for the petitioner that even after issue of notice under

Section-19(2) of the Act the terms of the settlement are to

be complied with until another settlement is entered into

between the parties. The counsel has relied upon the

decision of the Apex Court in the LIFE INSURANCE

COPRORATION OF INDIA VS. D.J. BAHADUR AND

OTHERS reported in 1981 1 LLJ 1. The Apex Court has

held in this that on issue of notice under Section-19(2) the

parties are no longer bound by the industrial status quo in

respect of matters covered by the settlement and they are

at liberty to seek an alteration of the contract. At the same

time it was further held that until altered the contract

continues to govern the relations between the parties in

respect of the terms and conditions of service. It was not

¹Hkkx IIó[k.M 3(ii)º

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1195

enough for the Respondent to issue notice under Section-

19(2) of the ID Act. They should have taken steps to have

an altered settlement to suit their condition. Until there is

a settlement with new terms and conditions the earlier

settlements are to prevail and the workmen are entitled to

the benefits under those settlements. So it was not proper

on the part of the Respondent to cut short the benefits

that the workmen were availing as per the three settlements

in question. The workmen are entitled to have the benefits

under the three settlements continued until another

settlement is arrived at. The points are found in favour of

the petitioner.

Points in ID 67/2014

25.

The dispute in this ID is raised by the same Union

on behalf of employees working in the Diesel Loco Service

Station at Marshalling Yard in Chennai Port. While

discussing the evidence in Id 65/2014 it has been stated

that the Petitioner Union and the Respondent had entered

into three settlements by which payment was made in the

name of overtime payment, which is already found to be

an allowance. The employees working in the Diesel Loco

Service Station at Marshalling Yard also had demanded

for incentive on account of the hazardous nature of work

done by them and the Board of the Respondent is said to

have approved the incentive scheme in the year 1997 itself.

The same was sent to the Govt. for approval but it was

pending with the Government. It was in this circumstance

the Respondent agreed to give 4 hours overtime

wages on Saturdays in lieu of incentives. It is not disputed

by the Respondent that these workmen were receiving

payments termed as overtime wages as claimed by them.

While terminating the settlements referred to in ID 65/

2014 the Respondent reduced the overtime wages the

workmen were so far receiving to 1.5 hrs. from January

2014. Then it was totally discontinued from June 2014.

The case that is advanced by the Respondent in the

Counter Statement is that the concerned workers had been

working overtime for 4 hours on Saturdays and it is

accordingly the payment was made. It is stated in the

Counter Statement that the working time on Saturdays is

from 0730 AM to 1230 PM and thereafter the workmen

have been working for four more hours for which overtime

wages has been paid. MW2 has admitted during his cross-

examination that earlier the overtime payment of 4 hours

was made for the work that was done for the normal 8

hours. He also stated that this overtime allowances was

given based on policy decision. He further stated that at

present overtime allowance is paid only for extra work

done after 8 hours. Thus it could be seen from the admission

made by MW2 also that earlier the workers were getting

wages for 4 hours more on Saturdays apart from the normal

wages received by them though they worked only for 8

hours on Saturdays also. The case of the Petitioner is that

they are actually receiving the amount by way of incentive.

The Respondent did not produce any document to show

that the working hours on Saturday is from 0730 AM to

1230 PM or that the workers were working for 4 more hours

after this on Saturdays. The admission by MW2 belies

the case of the Respondent that the payment is by way of

overtime wages. In fact it is not probable that the workmen

who were doing work so hazardous in nature would have

been asked to work for 4 extra hours on a single day. The

workers of Diesel Loco Service Station were in fact getting

the extra amount by way of incentive because of the

hazardous work done by them only. So the amount

received by them is part of the wages and not payment for

overtime work done by them.

26.

The case of the petitioner is that the incentive that

they were so far receiving were discontinued by the

Respondent without issuing notice under Section-9A of

the ID Act. Initially payment was made for 1.5 hours for a

short period and then it was discontinued totally.

According to MW2 now payment is being made only if

extra work is done. The discontinuance of the incentive

for the workers should not have been without notice under

Section-9A of the ID Act. Section-9A states that an

employee who proposes to effect any change in the

conditions of service applicable to a workman in respect

of any matters specified in the 4th Schedule of the Act

shall not effect such change without giving notice in the

prescribed manner. As per the 4th Schedule change in

compensatory and other allowances (Item-3 of the

schedule) and withdrawal of any customary concession

or privilege or change in usage (Item-8 of the schedule)

require notice under Section-9A of the Act. The payment

that was received by the concerned workmen was a

privilege enjoyed by them and it was in the nature of

allowance and not overtime payment. So the Respondent

was not justified in discontinuing payment of the amount

in question without notice under Section-9A of the Act.

The Respondent is bound to restore the said benefit to

the concerned workmen. The points are found in favour

of the petitioner.

In view of my findings above, an award is passed as

below:

In ID 65/2014 the Respondent is directed to restore

the benefit of allowance by way of overtime to the

employees covered under the terms of the

settlements entered under Section-18(1) of the ID

Act on 21.10.1992, 08.03.2001 and 19.03.2001, within

a month of the publication of the award.

In ID 67/2014 the Respondent is directed to restore

the benefit of allowance by way of overtime to the

technicians in the Diesel Loco Service Station at

Marshalling Yard, within a month of the publication

of the award.

The references are answered accordingly.

(Dictated to the P.A., transcribed and typed by him,

corrected and pronounced by me in the open court on this

day the 4th February, 2016)

K. P. PRASANNA KUMARI, Presiding Officer

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[PART II—SEC. 3(ii)]

Witnesses Examined:

For the 1st Party/

:

WW1, Sri D. Purushothaman

Petitioner

For the 2nd Party/

:

MW1, Sri A.V. Dravidaveeran

Management

MW2, Sri K. Subramani

Documents Marked:

On the petitioner’s side

Ex.No.

Date

Description

Ext.W1

21.10.1992

Settlement u/s 18(1) of ID Act

Ext.W2

02.08.1999

Award of the Arbitrator

Ext.W3

19.02.2000

Settlement u/s 18(1) of ID Act

Ext.W4

08.03.2001

Settlement u/s 18(1) of ID Act

Ext.W5

19.03.2001

Settlement of u/s 18(1) of ID

Act

Ext.W6

19.04.2006

Award of the Tribunal

Ext.W7

16.03.2013

Notice u/s 19(2) of ID Act

Ext.W8

20.03.2013

Letter from the Petitioner

Union to the Respondent

Ext.W9

19.03.2013

Letter to the Petitioner Union

Ext.W10

20.03.2013

Notice u/s 19(2) of ID Act

Ext.W11

20.03.2013

Notice u/s 19(2) of ID Act

Ext.W12

20.03.2013

Notice u/s 19(2) of ID Act

Ext.W13

-

Strike Notice

Ext.W14

19.08.2013

Minutes

of

Bilateral

Discussion

Ext.W15

23.08.2013

Letter from the Respondent

Ext.W16

13.09.2013

Conciliation Proceedings

Ext.W17

13.09.2013

Conciliation Proceedings

Ext.W18

02.01.2014

Letter from the Petitioner

Union with Annexure to Strike

Notice

Ext.W19

07.01.2014

Letter from the Petitioner

Union

Ext.W20

02.01.2014

Letter from the Respondent

with Annexure

Ext.W21

14.02.2014

Letter from the Petitioner

Union

Ext.W22

25.06.2014

Letter from the Respondent

Ext.W23

28.10.2014

Letter from the Petitioner

Union with Salary Statement

Ext.W24

28.10.2014

Conciliation Notice

Ext.W25

-

Letter from the Respondent

Ext.W26

01.12.1999

Records Notes of discussion

Ext.W27

20.02.2006

Office Order

Ext.W28

09.03.2006

Letter from the Respondent

Ext.W29

05.01.2009

Letter from the Respondent

On the Management’s side

Ex.No.

Date

Description

Ext.M1

10.08.2015

Authorization letter

Ext.M2

10.01.2014

Memorandum of 18(1) of ID

Act 1947

Ext.M3

31.01.2014

Addendum of MOS

Ext.M4

12.06.2014

Closure of ID (conciliation

meeting)

Ext.M5

23.06.2014

Chairman’s Order

Ext.M6

-

Overtime wages calculation

rule

Ext.M7

04.08.2015

Authorization letter

Ext.M8

11.05.2011

Green Bench Order

Ext.M9

2013-2014

Administration Report of

Chennai Port Trust.

ubZ fnYyh] 22 ekpZ] 2016

dk-vk- 591-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj lsaVªy cSad vkWiQ

bafM;k ds izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp]

vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vf/dj.k@Je U;k;ky;] tcyiqj ds iapkV (lanHkZ la- 99@09) dks

izdkf'kr djrh gS tks dsUnzh; ljdkj dks 22-03-2016 dks izkIr

gqvk FkkA

[la- ,y&12011@96@09&vkbZvkj (ch&II)]

jfo dqekj] MsLd vf/dkjh

New Delhi, the 22nd March, 2016

S.O. 591.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 99/09) of the Central

Government Industrial Tribunal-cum-Labour Court,

Jabalpur as shown in the Annexure, in the Industrial

Dispute between the management of Central Bank of India

and their workmen, received by the Central Government on

22.03.2016.

[No. L-12011/96/09-IR (B-II)]

RAVI KUMAR, Desk Officer

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vizSy 2] 2016@pS=k 13] 1938

1197

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/99/09

General Secretary,

Dainik Vetan Bhoti Bank Karmchari Sangthan,

Central Office, F-1, Tripti Vihar,

Ujjain (MP)

...Workman/Union

Versus

Managing Director,

Central Bank of India,

Central Office, Chandramukhi,

Mumbai

...Management

AWARD

Passed on this 1st day of February, 2016

1.

As per letter dated 24-11-09 by the Government of

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

received. The reference is made to this Tribunal under

Section -10 of I.D.Act, 1947 as per Notification No.L-12011/

96/09-IR(B-II). The dispute under reference relates to:

“Whether Shri Sandip Kumar Mishra, Ex-peon is

entitled for payment of difference of wages w.e.f.

19-9-2000 to December, 2006 as per the bipartite

settlement? What relief he is entitled to get?”

2.

After receiving reference, notices were issued to

the parties. Ist party workman submitted statement of claim.

The case of workman is that he was working as peon/ sub

staff. From 1-9-09, he was engaged by Branch Manager.

He was working for 8 hours per day. He completed more

than 240 days continuous service. He was paid Rs. 740

per month and Rs. 20-30 per day. His services were

terminated without notice on 31-12-06. He challenged his

termination in R/55/09 which is pending. Workman claims

that he was not paid skilled wages as per bipartite

settlement No. 4 to 8. As per settlement 4, subordinate

staff was entitled to pay scale of Rs.430-790. As per 5th

settlement, he was entitled to Rs. 815-1510, as per 6th

settlement- 1600- 3020, as per 7th settlement- 2750-5850,

as per 8th settlement 4060-7560. He is entitled to pay scale

as per above settlement. 2nd party management not paid

pay scale as per above settlements is punishable under

Section 29 of ID Act. On such ground, workman claimed

difference of wages of pay scale with interest.

3.

2nd party management filed Written Statement

opposing claim of workman. preliminary objection is raised

that Shri R.Nagwanshi so called General secretary of Daily

Wage Bank Empoyees Union is not competent to represent

the workman. The reference is not tenable. 2nd party

denies that workman was appointed on 1-9-00 as peon.

2nd party denied that workman worked more than 240 days

during each of the calendar year. Workman worked as

casual labour on temporary need basis, he was paid bonus.

As per payment of Bonus Act, Ist party workman is not

entitled to be treated as permanent employee. It is denied

that workman is entitled to wages as per bipartite settlement

as he was not regular employee of the Bank on pay role.

4.

Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:-

(i) Whether Shri Sandip Kumar Mishra,

In Negative

Ex-peon is entitled for payment of

difference of wages w.e.f. 19-9-2000

to December, 2006 as per the bipartite

settlement?

(ii) If not, what relief the workman is

Workman is

entitled to?”

not entitled

to any relief.

REASONS

5.

The terms of reference pertains to claim of workman

of pay scale as per Bipartite Settlement No. 4 to 8. The

details of the settlement are given in Para-4 of the

statement of claim. The documents produced by workman

Exhibit W-1 to W-3 are admitted by management’s witness.

Exhibit W-1 shows that in reply submitted by ALC, Bilaspur,

2nd party had contented that Ist party workman was

working as casual employee, he was not regular employee

of the Bank. Workman was paid amount of Rs.607 for the

year 2000 to 2001. Document Exhibit W-2 shows the

amount of Rs. 2802 was paid to Ist party as bonus by

Bankers Cheque dated 18-8-03. Exhibit W-3 is copy of Bank

Account of workman. The payment of bonus is not

disputed by 2nd party. The copies of the settlements are

not proved by valid evidence.

6.

Workman filed affidavit of his evidence supporting

his claim but he failed to appear for his cross-examination.

7.

Management’s witness Shri T.D.Rao in his affidavit

of evidence says that workman had not worked more than

240 days, he worked as casual labour on temporary need

basis only. That R/55/09 was closed as per order dated

14-2-2013. Management’s witness in his cross-examination

says he was not posted in Semar Cell, Belpan branch during

2000 to 2006. He had not visited said branch before filing

affidavit of evidence. He had not taken information from

the Branch Manager. Attendance Register of workman was

not maintained. Appointment letter was not given to him.

Workman was paid wages every month but he was not

aware of the rate of wages paid to workman. The evidence

of workman is not cogent and clear whether the settlements

4 to 8 are applicable to the casual employees engaged in

the Bank. The authentic copies of the settlements are not

proved by valid evidence. Therefore I record my finding

in Point No.1 in Negative.

1198

THE GAZETTE OF INDIA : APRIL 2, 2016/CHAITRA 13, 1938

[PART II—SEC. 3(ii)]

8.

In the result, award is passed as under:-

(1)

The workman is not entitled difference of wages as

per Bipartite Settlements.

(2)

Workman is not entitled to any relief.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 22 ekpZ] 2016

dk-vk- 592-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj lsaVªy cSad vkWiQ

bafM;k ds izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp]

vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vf/dj.k@Je U;k;ky;] tcyiqj ds iapkV (lanHkZ la- 230@99)

dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 22-03-2016 dks izkIr

gqvk FkkA

[la- ,y&12012@23@99&vkbZvkj (ch&II)]

jfo dqekj] MsLd vf/dkjh

New Delhi, the 22nd March, 2016

S.O. 592.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 230/99) of the Central

Government Industrial Tribunal-cum-Labour Court,

Jabalpur as shown in the Annexure in the Industrial Dispute

between the management of Central Bank of India and their

workmen, received by the Central Government on

22.03.2016.

[No. L-12012/23/99-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/230/99

Shri Ashok Kumar Maratha,

116, Tatanagar Gali No.3,

Ratlam

...Workman

Versus

Regional Manager,

Central Bank of India,

Regional Office, Shastri Nagar,

Ratlam

...Management

AWARD

Passed on this 1st day of February, 2016

1.

As per letter dated 31-5-99 by the Government of

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

received. The reference is made to this Tribunal under

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

23/99/IR(B-II). The dispute under reference relates to:

“Whether the action of the management of Regional

Manager, Central Bank of India in terminating the

services of Shri Maratha w.e.f. 1993 is justified? If

not, what relief the workman is entitled for?”

2.

After receiving reference, notices were issued to

the parties. Workman submitted statement of claim at Page

2/2 to 2/11. Case of workman is that he was working as

attendant in Central Bank of India, Tripolia Gate Branch,

Ratlam from 1993. He was paid bonus in 1994. He was

regularly working against vacant post. In 1982, he worked

for 67 days in 1982, 163 days in 1983 and 59 days in 1993.

Despite of his good service, his services were verbally

terminated without any reasons. That 2nd party No.1

issued letter dated 1-1-1993 giving the details of his

working. That he was deployed against regular vacancy.

That he was not regularised in permanent vacancy. Bank

management acted arbitrarily not taking cognizance of his

bonafide work as attendance. The Central Bank of Idia

Rules and Regulations pertain to absorption of temporary

employees were prohibited by the management. Clause

3.1, 3.2 of the Regulations were not followed. Workman

was not absorbed as per rules and regulations. Ist party

workman alleges gross malafide and in humiliation attitude

adopted by the management.

3.

Ist party workman reiterates that he worked more

than 60 days artificial breaks were shown by the 2nd party

No.1,2 in his service. Workman was exploited by the Bank

management. He was not paid equal salary of equal work.

He was doing work in the postal department of the Bank.

Dispatching the RPAD to GPO at GPO Ratlam, also

distributing local post. He belongs to SC ST cadre. His

services are terminated in violation of Section 25-F of ID

Act. Bank management will with contradiction of rules

and regulations of absorption in service. On such grounds,

workman prays to cancel verbal order dated 19-4-87, his

services be regularised with payment of back wages.

4.

2nd party filed Written Statement at Page 5/1 to 5/4

opposing claim of the workman. Case of 2nd party is that

the recruitment of subordinate cadre in the banks is made

as per guidelines issued by Government of India, Ministry

of Finance. As per the guidelines issued by Government

and high percentage of unemployment in the country, it

was advised to all the nationalized banks that all

recruitments in the subordinate cadre should be made only

through employment exchanges. The Bank as a matter of

fact, had been following this policy/ guidelines of

Government of India and had been calling persons to be

considered for recruitment in the subordinate cadre

through local employment exchange only. Workman was

engaged by the Bank as casual temporary employee

during leave vacancy of permanent employees. It doesnot

amount to retrenchment. His non-engagement is covered

under Section 2(oo)(bb) of ID Act. workman was paid

bonus as payable to casual worker. He has not completed

240 days in preceding 12 calendar months. Violation of

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vizSy 2] 2016@pS=k 13] 1938

1199

Section 25-F of ID Act is not denied. As per 2nd party,

working days of workman are shown 67 in 1982, 93 in 1983

and 59 days in 1993. By working of such number of days,

workman was eligible to be called for recruitment test as

per circular dated 20-9-93. No recruitment test of sub staff

was held by the Bank at Ratlam. No application was called

for recruitment. The recruitment test is conducted as per

instructions of Central/Zonal office of the Bank. Ist party

workman is not eligible for absorption on permanent post.

He not completed 240 days working in any of the calendar

years. Management has not violated Section 25-F of ID

Act. workman was not permitted. Workman is not entitled

for regularization in service.

5.

Ist party workman submitted rejoinder at Page 6/1 to

6/2 reiterating contentions in statement of claim.

6.

Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:-

(i) Whether the action of the

Termination of service

management of Regional

of Ist party workman

Manager, Central Bank of

by management is not

India in terminating the

proved.

services of Shri Maratha

w.e.f. 1993 is justified?

(ii) If not, what relief the

Workman is not entitled

workman is entitled to?”

to any relief.

REASONS

7.

The term of reference pertains to legality of

termination of services of Ist party workman. The claim for

regularization of workman in service is not included in the

terms of reference. As per pleadings in statement of claim,

workman had worked for 67 days in 1982, 163 days in 1983,

59 days in 1993. 2nd party has contented that workman

was not appointed against permanent vacant post. He

was engaged as casual temporary employee during leave

period of permanent staff.

8.

Workman has produced documents Exhibit W-2

working days of Ist party workman are shown as claimed

by Ist party workman Exhibit W-1 produced by workman

is circular dated 20-9-93 pertaining to the absorption of

temporary employees as term of reference doesnot pertain

to absorption of temporary employees as term of reference

doesnot pertain to the claim for regularization of workman.

Said document is not relevant for deciding claim pertaining

to legality of termination of his services.

9.

Affidavit of evidence is filed by workman claiming

that he worked for 67 days in 1982, 103 days in 1983 & 59

days in 1993. In his cross-examination, workman denies

that there is practice in the Bank not to allow working

more than 60 days. He denies that he not worked for 103

days in 1993. He denies that he was not called for work in

1993. He denies that as per circular dated 20-9-93, he not

submitted any application as he was not fulfilling eligibility

for absorption. He was not called for interview. As term of

reference doesnot include claim for regularization of service

by workman, evidence of the workman discussed above

has no relevance to the legality of termination of his

service.

10.

Workman died during pendency of reference, his

widow Hemlata Maratha filed affidavit of her evidence. In

her cross-examination, she says that she has little

knowledge about working of her husband in the Bank.

Her husband has left her with 3 daughters after his death.

Her evidence has no relevance to the termination of

workman.

11.

Evidence of management’s witness Manoharlal is

on the point that workman was engaged as casual

temporary employee. That workman had not worked for 67

days in 1982, 103 days in 1983, 59 days in 1993. The cross-

examination of management’s witness shows that he was

not posted in Bajaj Khana, Ratlam during 1982 to 1983,

1993 claiming ignorance about certificate dated 20-9-93

Exhibit W-1. On his submission, Exhibit W-1, W-2 were

admitted in evidence. The workman was not paid

retrenchment compensation as he was not regular

employee of the Bank. He claims ignorance whether after

interview in 1993, Shri Rajesh and Narayan were absorbed

in service of the Bank.

12.

As discussed above, the claim for regularization of

workman is not included in term of reference. The legality

of termination has been referred in the term of reference.

The evidence on record is clear that workman had not

worked for more than 240 days during any of the year

therefore protection of Section 25-F of ID Act is not

available to the workman. There is no question of

regularization of service of Ist party workman as per the

circular dated 20-9-93 as same point is not included in the

terms of reference. For above reasons, I hold that

termination of workman in violation of Section 25-F of ID

Act is not established.

13.

In the result, award is passed as under:

(1)

The termination of service of Ist party workman by

management is not established.

(2)

Workman or his LR is not entitled to any relief.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 23 ekpZ] 2016

dk-vk- 593-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk

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

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

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

1200

THE GAZETTE OF INDIA : APRIL 2, 2016/CHAITRA 13, 1938

[PART II—SEC. 3(ii)]

U;k;ky;] t;iqj ds iapkV (lanHkZ la- 47@2006) dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 23@03@2016 dks izkIr gqvk FkkA

[la- ,y&42012@78@2005&vkbZvkj (lh,e&II)]

jktsUnz ¯lg] vuqHkkx vf/dkjh

New Delhi, the 23rd March, 2016

S.O. 593.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 47/2006)

of the Central Government Industrial Tribunal-cum-Labour

Court, Jaipur as shown in the Annexure in the Industrial

Dispute between the management of Malviya National

Institute of Technology and their workmen, received by

the Central Government on 23/03/2016.

[No. L-42012/78/2005-IR (CM-II)]

RAJENDER SINGH, Section Officer

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lh-th-vkbZ-Vh- izdj.k la- 47@2006

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Hkjr ik.Ms;] ihBklhu vf/kdkjh

jsQjsUl ua- L-42012/78/2005–IR (CM-II) fnukad 28@04@2006

Shri Ramesh Saini S/o. Shri Bhorilal Saini,

Plot No. 48, Mansinghpura,

Hari Marg, Tonk Road,

Distt.- Jaipur (Rajasthan)

v/s

1. The Director,

Malviya National Institute of Technology,

Jawaharlal Nehru Marg,

Malviya Nagar,

Jaipur (Rajasthan)

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2-

“Whether the action of the management of Malaviya

National Institute of Technology, Jaipur in

terminating Sh. Ramesh Saini, S/o Sh. Bhorilal Saini,

Lab Attendant w.e.f. 29. 11. 2003 from services is

legal and justified? If not, to what relief the workman

is entitled to and from which date?”

3-

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izkFkhZ dh lsok lekfIr ls iwoZ dksbZ ofj”Brk lwph ugha izdkf’kr dh x;h tks

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vizSy 2] 2016@pS=k 13] 1938

1201

vkS|ksfxd fookn fu;ekoyh 1957 ds fu;e 77 dk mYya?ku gSA foi{kh dk

laLFkku m|ksx dh ifjHkk”kk ls vkPNkfnr gS rFkk izkFkhZ dh lsokeqfDr /kkjk 2

¼vks-vks-½ esa of.kZr NaVuh dh ifjHkk”kk ls vkPNkfnr gS] vr% izkFkhZ dh

lsokeqfDr dks voS/k ?kksf”kr fd;k tk; vkSj leLr ykHk lfgr izkFkhZ dks lsok

es iquLFkkZfir djus dk vkns’k ikfjr fd;k tk;A

8-

;kfpdk ds izLrj 9 esa izkFkhZ us ;g mYys[k fd;k gS fd foi{kh

la[;k 1 ds funZs’ku esa MkDVj ,e-jk; dh desVh us fnukad 28-10-2003 vkSj

30-10-2003 dh fefVax esa fu.kZ; fy;k gS ftlls foi{kh ds ;gka dk;Z dh

vko’;drk tkfgj gksrh gS ftlesa ;g dgk x;k gS fd Bsdsnkj lsokFkhZ

Jfed miyC/k djkus esa vleFkZ gS rks lekpkj i= esa uksfVl izdkf’kr

djokdj Bsdsnkjh ij fu;qfDr;ka dh tk; rkfd dk;Z lEiknu esa vM+pu u

vk;saA izkFkhZ dk dFku gS fd mDr ifjfLFkfr esa mldh lsokeqfDr LOkr% gh

vuqfpr gS rFkk blls foi{k dh euekuh dgh tk ldrh gSA

9-

foi{k dh rjQ ls izkFkhZ dh ;kfpdk ds fo:) tokc esa ;kfpdk ds

izLrj 1]2 vkSj 3 esa izLrqr dFku ds LkEcU/k esa dgk x;k gS fd dksbZ fookn

ugha gSA izLrj 4] 5] 6] 7] 8] 9] 10] 11] 12] 13] 14 vkSj 15 ds dFku dks

vLohdkj fd;k x;k gSA vkxs ;g dFku gS fd izkFkhZ dks foi{kh laLFkku us

dHkh Hkh prqFkZ Js.kh deZpkjh ds vLFkk;h in ij dksbZ fu;qfDr ugha nh vkSj

u gh fu;qfDr i= tkjh fd;kA foi{kh laLFkku us izkFkhZ dks dHkh Hkh osru

dk Hkqxrku Hkh ugha fd;k blfy;s izkFkhZ dk ;g dguk vLkR; ,oa euxa<r

gS fd mlds osru ls fu;ekuqlkj dVkSrh dh tkrh FkhA

10-

mYys[kuh; gS fd ;kph i{k us ;kfpdk esa fdlh Hkh izLrj esa ;g

mYys[k ugha fd;k gS fd mls foi{k }kjk osru dk Hkqxrku fd;k tkrk Fkk

vkSj osru ls fu;ekuqlkj dVkSrh dh tkrh FkhA ;g Hkh mYys[kuh; gS fd

oknksRrj esa ;kfpdk ds izLrj 1 yxk;r 15 ds dFku dks

vLohdkj@vfooknkLin crk;k x;k gS tcfd ;kph }kjk ;kfpdk esa dsoy

11 izLrjksa esa viuk dFku lekIr fd;k x;k gSaA ;kph i{k }kjk /kkjk 25 ,p

vkS|ksfxd fookn vf/kfu;e ds mYya?ku dk dksbZ ekeyk ;kfpdk esa ugha

mBk;k x;k gS ijUrq oknksRrj ds izLrj 9 esa bl lEcU/k esa tokc udkjkRed

:Ik esa izLrqr fd;k x;k gSA

11-

vkxs oknksRrj esa ;g dFku gS fd izkFkhZ dks foIk{kh laLFkku }kjk dHkh

Hkh lsok esa ugha fy;k x;k vr% mls fu;fer :Ik ls Hkqxrku djus dk iz’u

ugha mRiUu gksrk gSA izkFkhZ dks fu;qfDRk ugha iznku dh x;h blfy;s

lsokeqfDr dk iz’u ugha mBrk gSaA izkFkhZ dh lsokvksa dk vizkFkhZ laLFkku ls

dksbZ lh/kk lEcU/k ugha Fkk vr% izkFkhZ dks dksbZ uksfVl ;k eqvkotk fn;s tkus

dk iz’u ugha mBrk ,oa izkFkhZ ds ekeys esa vkS|ksfxd fookn fu;ekoyh 1957

ds fu;e 77 o 78 ds izkfo/kku ykxw ugha gksrs gSA izkFkhZ dk ;g dguk xyr

gS fd mlus dHkh foi{kh laLFkku esa 240 fnu dk;Z fd;k gSA izkFkhZ dk ;g

dguk Hkh xyr gS fd mlds gVk;s tkus ds ckn fdlh u;s O;fDr dks

laLFkku esa j[kk x;kA

12-

vkxs foi{k dk dFku gS fd foi{kh laLFkku esa ;fn dke fy;k x;k

gS rks fdlh Bsdsnkj ds ek/;e ls fy;k x;k Fkk vkSj ,sls O;fDr /kkjk 2 ^,l^

ds vuqlkj deZdkj dh ifjHkk”kk esa ugha vkrs gSA ;g Hkh dgk x;k gS fd

vizkFkhZ laLFkku ds lkFk izkFkhZ us lh/ks :Ik esa dHkh lsok;sa ugha nh vkSj mlus

dHkh iwjs 240 fnu dke ugha fd;s vr% izkFkhZ fdlh vuqrks”k dks ikus dk

gdnkj ugha gS rFkk ;kfpdk fujLr gksus ;ksX; gSA

13-

izkjfEHkd vkifRr esa foi{k us dgk gS fd izkFkhZ us ;kfpdk esa bl

rF; dks fNik;k gS fd og laLFkku }kjk lsok esa ugha fy;k x;k Fkk cfYd

Bsdsnkj ds ek/;e ls dqN le; ds fy;s dk;Z ij fy;k x;k FkkA foi{kh

laLFkku dks lkekU;r% ;fn fdUgha lsokvksa dh vko’;drk gksrh gS rks Bsdsnkj

}kjk Vs.Mj ds ek/;e ls lsok;s yh tkrh gSA Vs.Mj ds fu;e o ‘krsZa Bsdsnkj

dks Lohdkj gksus ij mfpr ,oa fu/kkZfjr lqj{kk jkf’k laLFkku esa tek

djokdj ukWu&T;wfMf’k;y LVkEi i= ij ,xzhesUV djok;k tkrk gS rRi’pkr~

fdlh O;fDr dh lsok yh tkrh gSA tc Hkh vizkFkhZ laLFkku dk dk;Z lekIr

gks tkrk gS rks mDr Bsdsnkj dks Hkqxrku dh tkus okyh jkf’k jksd yh tkrh

gS vkSj bl izdkj Bsdsnkj }kjk mDr O;fDr dh lsok,a lekIr dj nh tkrh

gSA

14-

tokcqytokc esa foi{k ds dFku dks vLohdkj dj ;g dgk x;k gS

fd mldh fu;qfDRk fdlh Bsdsnkj ds ek/;e ls ugha gqbZ Fkh cfYd mldh

fu;qfDr dksvkfMZusVj us dUlksfyMsVsM 832@& :- ds fglkc ls 1-6-1995 ds

vkns’k ls dh Fkh vkSj lsokvksa dk foLrkj le;&le; ij foi{k }kjk fcuk

fdlh vojks/k ds fd;k x;kA izkFkhZ dk fdlh Hkh izdkj Bsdsnkj ls dksbZ

lEcU/k ugha Fkk vkSj u gh Bsdsnkj izkFkhZ dk fu;kstd FkkA tokcqytokc ds

‘ks”k dFku esa ;kfpdk ds dFku dh iqujko`fRr dh x;h gSA

15-

;kfpdk ds leFkZu esa izkFkhZ i{k dh rjQ ls izkFkhZ Jh jes’k lSuh dh

’kiFk&i= lk{; esa izLrqr dh x;h gSA lk{kh dh izfrijh{kk foi{k }kjk dh

x;h gSA izys[kh; lk{; ds :Ik esa ;kph i{k dh rjQ ls fQgfjLr ls

mifLFkfr iaftdk dh QksVksizfr rFkk izkFkhZ dks dk;Z ij fy;s tkus ls

lEcfUèkr vkns’k 1-6-1995 dh QksVkizfr izn’kZ MCY;w &1 ,oa lsok foLRkkj ls

lEcfU/kr vU; vkns’k dh QksVksizfr;ka izLrqr gSA

16-

foi{k dh rjQ ls Jh lokbZ flag ds;j Vsdj ,e-,u-vkbZ-Vh- t;iqj

dh ’kiFk&i= lk{; esa izLrqr dh x;h gS ftldh izfrijh{kk ;kph i{k }kjk

dh x;h gSA izys[kh; lk{; ds :Ik esa foi{k }kjk ^^bdjkjukek vuqcU/k dh

‘krsZa** fnukafdr 10-8-98 rFkk fofHkUu O;fDr;ksa dks psd }kjk Hkqxrku okmpj

dh QksVksizfr;ka izLrqr gSA

17-

eSuas mHk;i{k ds fo}ku izfrfuf/kx.k dh cgl lquh rFkk i=koyh dk

lE;~d voyksdu fd;kA ;kph i{k dh rjQ ls fyf[kr cgl Hkh izLrqr gSaA

18-

izkFkhZ i{k dh rjQ ls vius leFkZu esa fuEu fof/kd n‘“VkUr izLrqr

fd;s x;s gS %&

¼1½

1984 ¼1½ ,l-lh-lh i`“B &509] xSeu bf.M;k fyfeVsM & vihykFkhZx.k

cuke fujUtu nkl & izR;FkhZx.kA

1202

THE GAZETTE OF INDIA : APRIL 2, 2016/CHAITRA 13, 1938

[PART II—SEC. 3(ii)]

¼2½

1984 ¼lIyh-½ ,l-lh-lh i‘“B&428] gjh eksgu jLrksxh& vihykFkhZ

cuke yscj dksVZ vkSj vU;&izR;FkhZx.kA

¼3½

1994 MCY;w-,y-vkj- i`“B&875] fxjh’k dqekj tSu& vihykFkhZx.k

cuke ;wfu;u vkWQ bf.M;k& izR;FkhZx.kA

¼4½

1989 ¼1½ vkj-,y-vkj- i`“B&156] ;’koUr flag& vihykFkhZ cuke

LVsV vkWQ jktLFkku & izR;FkhZx.kA

¼5½

1983 ,Q-ts-vkj- i`“B&271] Mh-ds- ;kno & vihykFkhZx.k cuke ts-

,e-,- bf.M;k fyfeVsM & izR;FkhZx.kA

¼6½

1981 ¼3½ ,l-lh-lh i`“B&225] eksgu yky& vihykFkhZ cuke esusteSUV

vkWQ eSllZ Hkkjr bysfDVªd fyfeVsM & izR;FkhZx.kA

¼7½

2015 ¼2½ lqizhe VqMs i`“B&166] tlfej flag & vihykFkhZx.k cuke

LVsV vkWQ gfj;k.kk & izR;FkhZx.kA

¼8½

2 ¼th½ vkS|ksfxd fookn vf/kfu;e] 1947 A

19-

foi{k dh rjQ ls izLrqr n`“VkUr % &

¼1½

¼2001½ 7 ,l-lh-lh i‘“B &1] LVhy vkWFkfjVh vkWQ bf.M;k fyfeVsM

& vihykFkhZx.k cuke us’kuy ;wfu;u okVjQzkUV odZlZ ,oa vU;&

izR;FkhZx.kA

¼2½

¼2004½ 7 ,l-lh-lh i`“B&112] ,-mejkuh& vihykFkhZ cuke jftLVªkj]

dks vkWijsfVo lkslk;Vht vkSj vU; & izR;FkhZx.kA

¼3½

¼2005½ 1 ,l-lh-lh i`“B&639] egsUnz ,y-tSu vkSj vU;&vihykFkhZx.k

cuke bUnkSj MsoyiesaV vFkkfjVh vkSj vU; &izR;FkhZx.k

¼4½

¼2005½ 5 ,l-lh-lh i`“B&112] ek/;fed f’k{kd ijh”kn~] ;w-ih-&vihykFkhZ

cuke vfuy dqekj feJk vkSj vU;&izR;FkhZx.k

¼5½

¼2006½ 1 ,l-lh-lh i`“B&667] LVsV vkWQ ;w-ih-&vihykFkhZ cuke

uhjt voLFkh vkSj vU;&izR;FkhZx.k

¼6½

¼2008½ 2 ,l-lh-lh i`“B&552] pUnz ‘ks[kj vktkn d`f”k ,oWa izkS|ksfxdh

fo’ofo|ky; & vihykFkhZ cuke ;wukbVsM+ VªsM~l dkaxzsl vkSj vU;&

izR;FkhZx.k

20-

izkFkhZ ds fo}ku vf/koDrk us cgl dh gS fd foi{kh laLFkku esa izkFkhZ

dh fu;qfDr vLFkk;h prqFkZ Js.kh deZpkjh ds :Ik esa gqbZ Fkh vkSj izkjfEHkd

:Ik esa **izkstsDV bEiSDV** esa yxk;k x;k Fkk ftldh lsok;as le;&le; ij

foLrkfjr dh x;h vkSj **izkstsDV bEiSDV** dh lekfIr ds ckn Hkh izkFkhZ us

28-11-2003 rd dke fd;k ijUrq izkFkhZ dh lsok fu;fer ugha dh x;hA ;g

Hkh dgk gS fd izkFkhZ dks iz;ksx’kkyk lgk;d ds in ij dk;Z djk;k x;k

rFkk ml ij laLFkk ds funsZ’kd rFkk jftLVªkj dk lh/kk fu;U=.k Fkk rFkk

ml ij fdlh Bsdsnkj dk dHkh fu;U+=.k ugha Fkk u gh og Bsdsnkj dk

deZpkjh FkkA ;g cgl Hkh dh x;h gS fd lsoklekfIr ds iwoZ izkFkhZ dks u

dksbZ uksfVl nh x;h u uksfVl ds cnys dksbZ Hkqxrku fd;k x;k vkSj u gh

NaVuh eqvkotk vnk fd;k x;kA bl izdkj izkFkhZ dh lsokeqfDr /kkjk 25

¼,Q½ vkS|ksfxd fookn vf/kfu;e 1947 ds mYya?ku esa dh x;hA ;g Hkh

dgk x;k gS fd lsokeqfDr ds iwoZ dksbZ ofj”Brk lwph ugha cuk;h x;h

blfy;s fu;e 77 dk mYya?ku fd;k x;k rFkk izkFkhZ ds lkFk /kkjk 2¼vkj,½

ds vUrxZr ifjHkkf”kr vuqfpr Je O;ogkj fd;k x;k blfy, izcU/ku

vuqfpr Je O;ogkj dk Hkh nks”kh gSA

21-

foi{khx.k ds fo}ku izfrfuf/k dh rjQ ls ;g cgl dh x;h gS fd

izkFkhZ Jh jes’k lSuh foi{khx.k ds deZpkjh ugha Fks] u rks foi{k }kjk izkFkhZ

dks dksbZ fu;qfDr&i= tkjh fd;k x;k vkSj u gha lsokeqDr fd;k Xk;k]

blfy;s foi{khx.k }kjk vkS|ksfxd fookn vf/kfu;e dh fdlh Hkh izkfo/kku

dk mYya?ku ugha fd;k x;k gSA ;g Hkh dgk x;k gS fd izkFkhZ dh laLFkku

esa fu;qfDr ds lEcU/k esa u dksbZ foKkiu fuxZr fd;k x;k vkSj u gha fdlh

p;u izfdz;k dk vuqlj.k fd;k x;k vr% izkFkhZ dk ;g dguk iw.kZr;k xyr

gS fd mldh fu;qfDr vLFkk;h prqFkZ Js.kh deZpkjh ds :Ik esa laLFkku esa dh

x;hA ;g cgl Hkh dh x;h gS fd foi{kh ds laLFkku esa izkFkhZ dh lsok;sa

Bsdsnkj ds ek/;e ls dsoy **izkstsDV bEiSDV** ds mn~ns’; ls yh x;h Fkh

vkSj izktsDV ds vfLrRo esa cus jgus rd lhfer Fkh vkSj izkstsDV dh lekfIr

ds ckn izkFkhZ dh lsok;sa mlds vkxs foLrkfjr dh tkuh fof/kd :Ik ls

vuqeU; ugha FkhA blds fo:) izkFkhZ ds fo}ku izfrfuf/k dh rjQ ls ;g

cgl dh x;h gS fd Bsdsnkj ds tfj;s izkFkhZ dh lsok;as foi{kh laLFkku dks

miyC/k djk;s tkus ds lEcU/k esa dksbZ izys[kh; ;k ekSf[kd lk{; i=koyh

ij ugha gSA

22-

i{kdkjksa ds vfHkopuksa RkFkk izLrqr cgl ls fuEu fook|d fuLrkj.k

gsrq vorfjr gksrk gS %&

1

D;k izkFkhZ dh foi{kh laLFkku esa prqFkZ Js.kh deZpkjh ds :Ik esa

fu;qfDr dh x;h ;k foIk{k }kjk laLFkku esa izkFkhZ dh lsok;sa Bsdsnkj

ds ek/;e ls yh tkrh Fkh tks **izkstsDV bEiSDV** dh vof/k rd

lhfer Fkh \

23-

izkFkhZ ds fo}ku izfrfuf/k }kjk U;k;kf/kdj.k dk /;ku dksvkfMZusVj

**izkstsDV bEiSDV** ds vkns’k fnukad 1-6-95 ¼izn’kZ W@1½ dh rjQ vkd`“V

dj ;g cgl dh x;h fd izn’kZ W@1 izkFkhZ dh fu;qfDr i= gSA foi{kh

lk{kh Jh lokbZ flag ds le{k Hkh izfrijh{kk eas izn’kZ W@1 dks j[kdj

loky iwNs x;s gS ftlds lEcU/k esa mUgksus dgk gS fd ;g lgh gS fd izn’kZ

W@1 ,e-,u-vkbZ-Vh- t;iqj }kjk fuxZr fd;k x;k gS vkSj ;g vkns’k Jh

jes’k lSuh dh fu;qfDRk ls Hkh lEcfU/kr gSA izn’kZ W@1 ds voyksdu ls ;g

izdV gS fd 1 tuojh] 1995 ds vkns’k izn’kZ W@1 ds ekè;e ls 2 O;fDr;ksa

dks dksvkfMZusVj **izkstsDV bEiSDV** }kjk fo’kq) :Ik ls vLFkk;h vk/kkj ij

**izkstsDV bEiSDV** ds fy, dk;Z ij yxk;k (engage) x;k gSA bu nksuksa

O;fDr;ksa esa dzekad 2 ij Jh jes’k lSuh izkFkhZ dks :Ik;k 832@ ij j[kk x;k

gS vkSj **izkstsDV bEiSDV** dh dEI;wVj LVªhe esa yxk;k x;k gS vkSj Jh

larks”k dqekj lDlsuk dks bysDVªkfud LVªhe esa yxk;k x;k gSA Jh larks”k

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vizSy 2] 2016@pS=k 13] 1938

1203

dqekj lDlsuk dks vkns’k izn’kZ W@1 muds ,e-,u-vkbZ-Vh- ifjlj esa fLFkr

vkokl la[;k ,l&25 ij Hkstk x;k gSA Jh larks”k dqekj lDlsuk ds fy, Hkh

ikfjJfed 832@& :Ik;k gh gSA Jh larks”k dqekj lDlsuk dks ;kph i{k

}kjk lk{; esa ugha izLrqr fd;k x;k gS ftlls izkFkhZ ds dFku dks leFkZu

feys fd ;kph rFkk Jh larks”k dqekj dks foi{k }kjk dksbZ fu;qfDr nh x;hA

Jh lokbZ flag us ;g ugha dgk gS fd izn’kZ W@1 fu;qfDr i= gS cfYd

flQZ ;g dgk gS fd izn’kZ W@1 izkFkhZ dh fu;qfDr ls Hkh lEcfU/kr gSA

mDr fLFkfr ls ;g Lor% Li”V gS fd izn’kZ W@1 fu;qfDRk i= ugha gS

cfYd dk;Z vkoaVu vkns’k gS ftls izkFkhZ }kjk fu;qfDr i= dgk x;k gSA

blh lUnHkZ esa mYys[kuh; gS fd Loa; izkFkhZ us izfrijh{kk esa ;g dgk gS fd

;g lgh gS fd mldh osru 832@ :Ik;s ,deq’r fu/kkZfjr Fkh rFkk mldh

fu;qfDr ds iwoZ dksbZ foKfIr v[kckj esa ugha fudkyh x;h Fkh] u mldh

fyf[kr ijh{kk gqbZ Fkh u mldk lk{kkRdkj gqvk FkkA ;g Hkh dgk gS fd

mldk flQZ ck;ksMkVk fy;k x;k Fkk rFkk mls tc Hkh yxk;k x;k

**izkstsDV bEiSDV** ds in ij dk;Z ij yxk;k x;k rFkk mldks fu;qfDr i=

fn;s x;s Fks vkSj fu;qfDRk i= N% ekg dh vof/k ds fy, fn;s tkrs FksA vkxs

lk{kh us Loa; ;g mYys[k fd;k gS fd lu~ 1999 esa tks mls fu;qfDr i=

feyk Fkk og vkxkeh vkns’k (till further order) rd ds fy, FkkA izn’kZ

W@4 es lk{kh us vafdr rF; dks Lohdkj fd;k gS tks fuEuor gS%&

PROJECT IMPACT (COMPUTER STREAM)

NO.

Dated : 21-2-97

NOTICE

The Project Impact is going to end on 31.3.1997. As such

notice is hereby given to the following faculty and

supporting staff who have been recruited on contract basis

for the duration of the Project Impact that their services

will stand terminated on the expiry of the Project Impact i.e.

on 31.3.1997 :-

Faculty members :

1. Shri V.K. Jain, Reader

2. Shri P.K. Agrawal, Lecturer,

Supporting Staff:

1. Shri Sanjay Bhaskar, Computer Operator.

2. Shri Vinod Dialani, Computer Operator.

3. Shri Ramesh Saini, Class-IV

Sd/-

(S.C. Agrawal)

Coordinator,

Copy to the following for information and further necessary

action :-

1.

The Principal, MERC, Jaipur.

2.

The Dy. Registrar (Accounts) MRCCE, Jaipur.

3.

Faculty members/Supporting Staff Concerned.

Sh Ramesh Saini

Signature

Coordinator.

24-

fnuakd 21-2-1997 ds vkns’k }kjk 31-3-97 dks izkFkhZ dh lsok vuqcUèk

ds vuqlkj LOkr% lekIr gks tkuh Fkh ysfdu 31-3-97 ds vkns’k ¼izn’kZ

W@5½ ls fnukad 30-9-97 rd lsok iqu% foLrkfjr dh x;hA fnukad

3-10-97 ds vkns’k ¼izn’kZ W@6½ ls izkFkhZ dh lsok dk foLrkj 31 ekpZ

1998 rd fd;k x;k] fnukad 1-4-99 ds vkns’k ¼izn’kZ W@8½ ls lsok dk

foLrkj 30-9-99 rd fd;k x;k vkSj fnukad 1-5-99@28-9-99 ds vkns’k ls

lsok dk foLrkj vkxkeh vkns’k rd dj fn;k x;k ysfdu lsok dh ‘krsZa

vkns’k fnukad 3-10-97 ds ‘krksZa ij gh vk/kkfjr j[kh x;hA mDr fLFkfr esa

lsok foLrkj dh fLFkfr dks le>us ds fy, izn’kZ W@6] izn’kZ W@8 vkSj

izn’kZ W@9 dk mYys[k fd;k tkuk izklafxd gS tks fuEuor% gS %&

PROJECT IMPACT (COMPUTER STREAM)-‘SSS’

NO. IMPACT/ECC/26/97/

Dated : 03-10-97

ORDER

Shri Ramesh Saini whose date of birth is 5-7-75 is

appointed as Class IV Purely on ad hoc temporary basis in

the project IMPACT (Computer Streem)- ‘SSS’ on a

consolidated salary of Rs. 850.00 PM/- period of six months

i.e. upto 31st March, 1998.

His services can be terminated at any time by one

month’s notice in writing either by employee to the

Coordinator or by the Coordinator to the employee or on

recovery of month’s pay in lieu thereof of the pay for the

period by which one month’s notice falls shor

His appointment is subject to the following

conditions : -

(a)

He should join his appointment latest by 05-10-97

falling which the appointment order is liable to be

cancelled without notice.

(b)

In addition to the normal duties of his post he will

discharge other duties as assigned to him by the

Coordinator from time to time.

(c)

He will be governed by the rules of the project

IMPACT- ‘SSS’ as framed form time to time.

(d)

If the above terms and conditions are acceptable to

him he may sign the second copy in token of

acceptance and return the same to the Coordinator,

project IMPACT, Department of Computer

Engineering, M.R. Engineering College, Jaipur-

302017.

1204

THE GAZETTE OF INDIA : APRIL 2, 2016/CHAITRA 13, 1938

[PART II—SEC. 3(ii)]

Chief Coordinator

project IMPACT(Computer Stream)- ‘SSS’

Above terms and conditions accepted

Signature

Copy forwarded to the following for information &

necessary action

1. Principal

2. Registrar

3. Dy. Registrar (A/c) with one spare copy.

4. Ramesh Saini

PROJECT IMPACT (COMPUTER STREAM)- ‘SSS’

MALAVIYA REGIONAL ENGINEERING COLLEGE

CAMPUS, JAIPUR

NO. IMPACT/ECC/

Dated : 01-04-99

ORDER

Service of the following staff appointed on contract

basis under the project is extended for six months w.e.f.

01-04-99 to 30-09-99 under the sustainability support

scheme of the project.

1.

Sh.Ramesh Saini

Lab attendant

Other terms and conditions of their appointment remain

unchanged.

(Prof.S.C. Agrawal)

Chief Coordinator

Project IMPACT

Copy to:

1. Principal

2. D.R. A/cs

3. Ramesh Saini

PROJECT IMPACT (COMPUTER STREAM)-SSS’

(sustainability support scheme)

MALAVIYA REGIONAL ENGINEERING COLLEGE

CAMPUS, JAIPUR

NO. IMPACT/ECC/

Dated : 1st May, 1999

28/9/99

OFFICE ORDER

In partial modification of order No. IMPACT/ECC

dated 1st April, 1999, the engagement of Shri Ramesh Saini

appointed on contract basis under the above Project is

extended till further orders. This is under the ‘Sustainability

Support Scheme of Project’ and the incumbent will not

have any claim on the appointment in the MREC. Other

terms and Conditions will remain the same as notified vide

order NO. IMPACT/ECC/26/97/Dated 03-10-97. He will be

given a consolidated Salary of Rs. 3500/- Per Month, w.e.f.

01.05.99.

(S.C. Agrawal)

Chief Coordinator

Project IMPACT

Copy to:

1.

Principal for his kind information.

2.

Registrar

3.

Dy. Registrar (A/c) with one spare copy.

4.

Ramesh Saini

25-

izn’kZ W@9 }kjk izkFkhZ dks dk;Z dk foLrkj vkxkeh vkns’k rd

fd;k x;k tks izn’kZ W@6 fnukafdr 3-10-97 esa nh x;h ‘krksZa ds v/khu Fkh

vkSj dsoy **izkstsDV bEiSDV** ds vfLrRo esa jgus rd gh izkFkhZ lsokFkZ

vuqcfU/kr Fkk vkSj **izkstsDV bEiSDV** ds lekIr gksus ds lkFk izkFkhZ dh lsok

lekIr gks tkuh Fkh ,oa izkFkhZ }kjk dh x;h lsok ds vk/kkj ij mls laLFkku

esa lsok ikus dk dksbZ gd iznRr ugha Fkk ftldk mYys[k lEcfU/kr vkns’kksa

esa gSA bu ‘krksZa dks izkFkhZ us Lohdkj Hkh fd;k gS ftldk mYys[k 3-10-97 ds

vkns’k esa gSaA izkFkhZ us ekSf[kd lk{; esa Loa; mYys[k fd;k gS fd lu~ 99 esa

mls tks fu;qfDr i= fn;k x;k Fkk mlds }kjk mls (till further order)

rd ds fy, yxk;k x;k FkkA izn’kZ W@9 mDr vkns’k gS ftldk mYYsk[k

izkFkhZ us fd;k gSA blh vkns’k esa ;g Hkh dgk x;k gS fd izkFkhZ dks MREC

esa mDr izkstsDV esa dk;Z djus ds dkj.k fu;qfDr dk dksbZ gd ugha gksxkA

izkFkhZ dk cgl esa ;g dguk fd mls **izkstsDV bEiSDV** dh lekfIr ds ckn

Hkh laLFkku ds dk;Z esa j[kk x;k bl cgl dks leFkZu nsus ds fy, dksbZ

izys[kh; lk{; i=koyh ij izkFkhZ us izLrqr ugha fd;k gSA izkFkhZ us ekSf[kd

izfrijh{kk esa ;g dgk gS fd **izkstsDV bEiSDV** lu~ 2000 esa [kRe gqvk gS]

foi{kh lk{kh us 2003 esa lekIr gksuk dgk gS ijUrq ;g rF; fufoZokn gS fd

**izkstsDV bEiSDV** lekIr gks pqdk gS D;ksafd Loa; izkFkhZ }kjk bl ckr dk

mYys[k cgl esa fd;k x;k gS rFkk ;kfpdk ds izLrj nks esa Hkh dgk x;k gSA

izkFkhZ dk ;g dguk xyr lkfcr gksrk gS fd **izkstsDV bEiSDV** lekIr gksus

ds ckn Hkh mlls dk;Z fy;k tkrk jgk gS D;ksafd izkFkhZ dks fd;k x;k vfUre

Hkqxrku :- 3500@ dk gS tks **izkstsDV bEiSDV** dh ,deq’r jkf’k gS vkSj

1-9-99@28-9-99 ds vkns’k ds vuqdwy /kujkf’k gS mDr O;k[;k vkSj fo’ys”k.k

ds vk/kkj ij eSa bl fu”d”kZ ij g¡w fd izkFkhZ dh lsok dsoy **izkstsDV

bEiSDV** ds vfLrRo rd lhfer Fkh rFkk i=koyh ij ,slk dksbZ lk{; ugha

gS ftlls bl vo/kkj.kk dks xzg.k djus ds fy, cy feys fd foi{k dks

vius ;gk¡ izkFkhZ dks lsok esa cuk;s dk dksbZ nkf;Ro FkkA

26-

tgka rd bl fcUnq ds fujkdj.k dk iz’u gS fd izkFkhZ Bsdsnkj ds

ekè;e ls laLFkku dh lsok esa Fkk ;k laLFkku us izkFkhZ dh fu;qfDr dh Fkh] bl

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vizSy 2] 2016@pS=k 13] 1938

1205

lUnHkZ esa mYys[kuh; gS fd foi{k dk dFku gS fd izkFkhZ Bsdsnkj ds ek/;e

ls foi{k ds lsokFkZ vuqcU/k ij Fkk rFkk izkFkhZ dk dFku gS fd og Bsdsnkj ds

ek/;e ls ugha fu;qDr FkkA bl rF; dks fl) djus dk Hkkj izkFkhZ ij gS fd

og ldkjkRed lk{; ls fl) djs fd laLFkku us mldh fu;qfDr dh gS vkSj

foi{k dh detksfj;ksa ls izkFkhZ dks dksbZ ykHk ugha fey ldrk gSA

27-

ekyoh; jk”Vªh; izks|ksfxd laLFkku] t;iqj }kjk izkFkhZ dks dksbZ

fu;qfDr nh x;h bldk leFkZu Lo;a izkFkhZ ds lk{; ls ugha gksrk gSA mDr

laLFkku Hkkjr ljdkj dk ,d izfrf”Br f’k{k.k laLFkku gS ftlesa gj in ij

fu;qfDr gsrq ,d izfdz;k fu/kkZfjr gSA izfrijh{kk esa ;kph us Lo;a Lohdkj

fd;k gS ,oa dgk gS fd tc mldks fu;qfDr nh x;h mlds igys v[kckj esa

dksbZ foKkiu ugha fudkyk x;k Fkk] u izkFkhZ dh dksbZ fyf[kr ijh{kk gqbZ Fkh

u lk{kkRdkj gqvk Fkk] mlls dsoy ck;ks&MkVk fy;k x;k FkkA ;g Hkh

Lohdkj fd;k gS fd tc Hkh mls **izkstsDV bEiSDV** ds dk;Z ij yxk;k x;k

mls fu;qfDr i= fn;k x;k tks fofHkUu vof/k ls lEcfU/kr gSA ftu vkns’kksa

dks izkFkhZ fu;qfDr i= dg jgk gS og lHkh vkns’k **izkstsDV bEiSDV** esa izkFkhZ

dh vuqcU/k ij lsok ds foLrkj dk mYys[k djrs gSaA izFke vkns’k ftldks

;kph i{k ds fo}ku izfrfuf/k us fu;qfDr i= dgk gS og fdlh Hkh n`f”Vdks.k

ls fu;qfDr i= ugha gks ldrk gSA og ,d dk;Z vkoaVu vkns’k gS ftlesa nks

O;fDr;ksa dks **izkstsDV bEiSDV** esa nks vyx&2 LVªhe esa dke vkoafVr fd;k

x;k gSA izn’kZ W@4 vkns’k esa vafdr bckjr dks izkFkhZ us izfrijh{kk esa

Lohdkj fd;k gS ftlesa dgk x;k gS **izkstsDV bEiSDV** dh lekfIr ij

fnuakd 31-3-97 dks izkFkhZ dh lsok,a lekIr gks tk;sxhA izkstsDV tkjh jgus

ij 31-3-97 ds ckn Hkh izkFkhZ dh lsok dk foLrkj fd;k x;k gSA izn’kZ

W@6 rFkk izn’kZ W@9 dh ‘krksZa dks Hkh izkFkhZ us izfrijh{kk esa Lohdkj

fd;k gSA izkFkhZ us ;g Hkh Lohdkj fd;k gS fd mls tc Hkh yxk;k x;k

**izkstsDV bEiSDV** ds gh fy;s yxk;k x;kA izkFkhZ us dgk gS fd o”kZ 2000

esa gh **izkstsDV bEiSDV** lekIr gks x;k ijUrq ;g mldk dFku ek= gS bl

lECkU/k esa dksbZ mYys[k ;kfpdk esa ugha gS fd izkstsDV 2000 esa lekIr gqvk

u dksbZ izys[kh; lk{; izkFkhZ us i=koyh ij izLrqr fd;k gSA izfrijh{kk esa

izkFkhZ us dgk gS fd **izkstsDV bEiSDV** dh lekfIr ds ckn og funsZ’kd ds

dk;kZYk; esa dk;Zjr jgk ijUrq ,slk dksbZ fyf[kr vkns’k mlus ugha izLrqr

fd;k gSA izkFkhZ us dgk gS fd ;g lgh ugha gS fd mldh lsok ds foLrkj ds

lECkU/k esa ftrus vkns’k gq, lHkh **izkstsDV bEiSDV** ls gh lEcfU/kr Fks ijUrq

izkFkhZ dk ,slk dguk xyr gS D;ksafd lHkh vkns’k tks i=koyh ij izn’kZ

W@1 yxk;r izn’kZ W@9 izLrqr gS og lHkh **izkstsDV bEiSDV** ls gh

lEcfU/kr gSA mDr fLFkfr ls ;g Li”V gS fd izkFkhZ dks laLFkku }kjk u dksbZ

fu;qfDRk i= fn;k x;k u dksbZ fu;qDr gsrq foKkiu fd;k x;k] u dksbZ

ijh{kk vFkok lk{kkRdkj gqvkA

28-

bl lEcU/k esa foi{kh lk{kh lokbZflag ds lk{; ls tgkWa rd izkFkhZ dks

enn feyus dk iz’u gS lokbZflag us dgk gS fd izn’kZ W@1 Jh jes’k lSuh

dh fu;qfDr ls lEcfU/kr gS ijUrq mYys[kuh; gS fd lokbZflag ds dgus ls

izn’kZ W@1 dks fu;qfDRk i= dh laKk ugha nh tk ldrh gS tSlk fd mij

bl lEcU/k esa foLr`r mYys[k fd;k tk pqdk gSA

29-

Bsdsnkj ds ek/;e ls izkFkhZ dh fu;qfDr ls lEcfU/kr Vs.Mj foi{k

}kjk i=koyh ij ugha izLrqr fd;k x;k gS bl rF; dks foi{kh lk{kh us i`“B

,d ij izfrijh{kk eas Lohdkj fd;k gS ijUrq foi{k dh dsoy bl deh ds

vk/kkj ij ;g ugha dgk tk ldrk gS fd izkFkhZ dh fu;qfDr laLFkku us dh

gS D;ksafd bl lEcU/k esa dksbZ izfdz;k gh ugha viuk;h x;h ,oa izkFkhZ dk bl

lEcU/k eas dksbZ ldkjkRed izys[kh; ;k ekSf[kd lk{; Hkh i=koyh ij ugha

gSA vxj dksbZ izfdz;k ugha viuk;h x;h rks izkFkhZ dSls vfLrRo esa vk x;kA

izkFkhZ dh rjQ ls izn’kZ W@11 ds vfrfjDr] tks vfUre ekg dk psd }kjk

Hkqxrku gS] dksbZ vU; Hkqxrku fooj.k i=koyh ij ugha izLrqr fd;k x;k gS

ftlls bl ckr dk irk pys fd Hkqxrku Bsdsnkj us fd;k gS ;k laLFkku us

fd;k gSA ist 2 vkSj 3 ij ;kph dks izfrijh{kk esa lq>ko fn;k x;k gS fd

o”kZ 95 ls osru ds en esa mls tks Hkqxrku fn;k tk jgk Fkk og fj)dj.k

,.M lUl }kjk fn;k tk jgk Fkk vkSj dqN vof/k rd chp esa mls Hkqxrku

f=yksd lksYtlZ }kjk fn;k tk jgk Fkk ftls izkFkhZ us bUdkj fd;k gS vkSj

dgk gS fd mls Hkqxrku psd }kjk fn;k tkrk FkkA ;g Hkh dgk gS fd mls

Hkqxrku 99 ls 2003 rd psd }kjk gksrk Fkk ftl ij jftLV~kj ds gLrk{kj

gksrs Fks ijUrq Hkqxrku LVsVesUV ls lEcfU/kr vkns’k ;k vfHkys[k mldh rjQ

ls is’k ugha gqvk gSA

30-

foi{k dh rjQ ls vyx&vyx nks vuqcU/k eSllZ fj)dj.k flag

,.M lUl rFkk dqy lfpo ds chp vU; dk;ksZa lfgr deZpkjh miyC/k djkus

ds vuqcU/k dze’k% lu~ 1996 ,oa 1998 ds izLrqr gS ysfdu blls orZeku

ekeys esa enn ugh yh tk ldrh gSA eSllZ fj)dj.k flag ,.M lUl dks

Bsds ij dk;kZsa rFkk deZpkfj;ksa ds Hkqxrku ls lEcfU/kr o”kZ 1995 ,oa 1996

es laLFkku }kjk fn;s x;s psd dk fooj.k i=koyh ij miyC/k gS ftlls ;g

tkfgj gS fd izkFkhZ dh twu 95 esa lsok esa mlds izos’k ds le; Hkh Bsds ij

deZpkfj;ksa dh lsok ysus dk dk;Z vfLrRo esa Fkk ijUrq fufoZokn :Ik ls blls

;g ugha dgk tk ldrk gS fd blesa izkFkhZ ds Hkqxrku dk fooj.k ‘kkfey

gSA izkFkhZ us 1995 ls 2003 rd ds chp izn’kZ W@11 ds vfrfjDr Hkqxrku

dk dksbZ fooj.k ugha izLrqr fd;k gS ftlls tkfgj gks fd mls laLFkku

Hkqxrku djrk FkkA

31-

Jh vkse izdk’k Bsdsnkj dks fuxZr vuqHko izek.k i= dk mYys[k

lokbZ flag dh izfrijh{kk esa fd;k x;k gSA izek.k&i= fuxZr gksus dh frfFk

25-9-2000 gS ftlls ;g tkfgj gS fd og lkQ&lQkbZ ds dk;Z ls tqM+s

dfeZ;ksa ds vfrfjDr prqFkZ Js.kh deZpkjh] dfu”d fyfid] dEI;wVj vkWijsVj]

MkVk ,UVªh vkijsVj vkfn deZpkfj;ksa dks Bsds ij laLFkku dks foxr Ms<+

lky ls miyC/k djkrs jgs gSaA buds iwoZ Bsdk eSllZ fj)dj.k flag ,.M

lUl dk jgk gSA lokbZflag ds le{k izfrijh{kk esa eSllZ fj)dj.k flag ,.M

lUl ds Bsds dks j[kdj ;g iz’u j[kk x;k gS fd mDr Bsdk 8-4-96 dks gqvk

vkSj Jh jes’k lSuh 01-06-95 dks fu;qDr gq, rks og Bsds ds v/khu dSls vk;s \

ftlds mRrj esa mUgksaus dgk gS fd lu~ 1995 dh lEcfU/kr vof/k dk

vuqcUèk i=koyh ij ugha izLrqr gks ldk gS ijUrq fu;qfDr dh dk;Zokgh

1206

THE GAZETTE OF INDIA : APRIL 2, 2016/CHAITRA 13, 1938

[PART II—SEC. 3(ii)]

igys ls Bsdsnkj ds ek/;e ls py jgh gSA lu~ 1995 esa vuqcU/k ls lEcfU/kr

Hkqxrku eSllZ fj)dj.k flag ,.M lUl dks fd;k x;k gS ftlds psd Hkqxrku

ds nks okmpj i=koyh ij miyC/k gS ftlesa ,d psd la[;k 648437 fnukafdr

8-9-95 #Ik;k 15]398 rFkk psd la[;k 648328 fnukafdr 25-7-95 #Ik;k 17]421

ls lEcfU/kr gSA lu~ 1995] 1996 rFkk vU; o”kksZa ds vU; dbZ psd Hkh layXu gSaA

blls bl rF; dks cy feyrk gS fd lu~ 1995 esa Hkh Bsds ij dk;Z&lEiUu vkSj

deZpkjh miyC/k djkus dh O;oLFkk fo|eku Fkh rFkk bu lkjh ifjfLFkfrtU;

lk{;ksa ds vk/kkj ij ;g lqjf{kr fu”d”kZ fudyrk gS fd Jh lqjs’k lSuh Hkh Bsds

ds vk/kkj ij izkstsDV bEiSDV esa vfLrRo esa vk;s gS D;ksafd izcU/ku }kjk mUgsa

fu;qDr djus esa fdlh izdkj dk dne u mBkus dk rF; mUgksusa Lo;a Lohdkj

fd;k gSA izkFkhZ i{k }kjk bl fcUnq ij dksbZ LIk”Vhdj.k ugha gS fd tc nSfud

osru Hkksxh] vLFkk;h ;k rnFkZ fu;qfDr dh **izkstsDV bEiSDV** us izfdz;k ‘kq: ugha

dh rks fQj **izkstsDV bEiSDV** ds lEidZ esa izkFkhZ dSls vk;s\ bl vk/kkj ij Hkh

foi{k ds dFku dks cy feyrk gS fd izkFkhZ dh **izkstsDV bEiSDV** ls lEc)rk

Bsdsnkj ds ek/;e ls gqbZ gSA

32-

mDr O;k[;k ,oa fo’ys”k.k ls eSa bl fu”d”kZ ij gw¡ fd ;g rF;

fcYdqy fufoZokn gS fd izkFkhZ dh lEc)rk dsoy **izkstsDV bEiSDV** ds fy,

Fkh vkSj izkstsDV ds vfLrRo esa jgus rd lhfer FkhA izkFkhZ ;g rF; fl)

djus esa vlQy gS fd mldh fu;qfDr laLFkku }kjk dh x;h Fkh D;ksafd

izn’kZ W@1 fu;qfDr i= ugha gS rFkk izkFkhZ ds ekeys esa foi{k us dksbZ

fu;qfDr izfdz;k ugha viuk;h FkhA izkFkhZ }kjk fof/kd :Ik ls vuqeU; u dksbZ

fu;qfDr i= izLrqr fd;k x;k gS vkSj ugh dksbZ lsok eqfDRk vkns’k izLrqr

fd;k x;k gSaA i=koyh ij miyC/k RkF; ,oa ifjfLFkfr ls Bsdsnkj ds ek/;e

ls izkFkhZ dh lsok foi{k dks feyus dk leFkZu feyrk gSA

33-

tgka rd foi{k }kjk izkFkhZ dks lsokeqDr djus esa /kkjk 25 ¼,Q½ ds

izkfo/kku ds mYya?ku rFkk mlls izkFkhZ dks feyus okys ykHk dk iz’u gS

mHk;i{k }kjk vius&vius dFku ds leFkZu esa fofHkUu fof/kd n`“VkUr izLrqr

fd;s x;s gS ftldk mYys[k mij fd;k x;k gSA /kkjk 25 ¼,Q½ ds mYya?ku

dk ykHk ikus ds fy, ;g vko’;d gS fd izkFkhZ ;g fl) djs fd mldh

lsokeqfDr /kkjk 25 ¼00½ esa ifjHkkf”kr **NVUkh** dh ifjHkk”kk ls vkPNkfnr gS

tks fuEuor~ gS %&

**NVUkh*** ls fu;kstd }kjk fdlh deZdkj dh lsok dk ,slk

Ik;Zolku vfHkizsr gS] tks vuq’kklu lEca/kh dk;Zokgh ds :Ik esa fn, x, naM

ls fHkUu fdlh Hkh dkj.k ls fd;k x;k gks] fdUrq blds vUrxZr fuEufyf[kr

ugha vkrs %&

¼d½

deZdkj dh LosPN;k fuo`fr] vFkok

¼[k½

vf/kokf”kZdh vk;q dk gks tkus ij deZdkj dh ml n’kk esa fuo`fRRk

ftleas fu;kstd vkSj la;qDr deZdkj ds chp gqbZ fdlh fu;kstu

lafonk esa ml fufeRr dksbZ vuqcU/k vUrfoZ”V gks] vFkok

¼[k[k½ fu;kstd vkSj lEi`Dr deZdkj ds chp gqbZ fu;kstu lafonk ds

lekIr gks tkus ij mldk uohdj.k u fd, tkus ;k fu;kstu

lafonk esa ml fufeRr vUrfoZ”V fdlh vuqcU/k ds v/khu ,slh lafonk

dk Ik;Zolku fd, tkus ds QyLo:Ik fdlh deZdkj dh lsok dk

Ik;ZolkuA

¼x½

bl vk/kkj ij deZdkj dh lsok dk Ik;Zolku fd mldk LokLF;

cjkcj [kjkc jgk gSA

34-

izkFkhZ dh fu;qfDr ds lEcU/k esa dh x;h mijksDr O;k[;k o fo’ys”k.k

ls ;g izdV gS fd izkFkhZ dh lsok vuqcU/k ij vk/kkfjr Fkh tks ^^izkstsDV

bEiSDV** ds mn~ns’; gsrq Fkh vkSj mldk foLrkj foi{k }kjk **izkstsDV

bEiSDV** ds lekIr gksus ds dkj.k vkxs tkjh ugha j[kk x;k D;ksafd izkFkhZ

dh lsok dsoy **izkstsDV bEiSDV** ds dk;Zdky rd lhfer Fkh vr% izkFkhZ ij

/kkjk 2 ¼OO½ ¼bb½ ds izkfo/kku ykxw gksrs gSA izkFkhZ rn~uqlkj NaVuh dh

ifjHkk”kk ls vkPNkfnr ugha gS vkSj /kkjk 25 ,Q dk ykHk ikus dk gdnkj

ugha gSA bl lEcU/k esa AIR 2004 S.C. page 4839, Exeutive

Engineer, Z.P. Engg. Division v/s. Digambara Rao esa ekuuh;

lokZsPp U;k;ky; }kjk nh x;h fof/k O;oLFkk mYys[kuh; gS ftlesa ekuuh;

lokZsPp U;k;ky; us ;g vo/kkfjr fd;k gS fd tgka ,d fof’k”V Ldhe esa

is;ty vkSj fuekZ.k dh lsok iznku djus ds fy, deZdkj dh fu;qfDr dh

x;h Fkh vkSj mldh lsok,a Ldhe dh lekfIr ds lkFk lekIr dj nh x;h]

,sls deZdkj ds lEcU/k esa ;g ugha dgk tk ldrk gS fd mls lsok esa

fu;fefrdj.k vFkok /kkjk 25 ,Q dk ykHk ekaxus dk vf/kdkj gSA

35-

izkFkhZ dh rjQ ls izLrqr n`“VkUr 1984 ¼1½ ,l-lh-lh- i`“B &509]

xSeu bf.M;k fyfeVsM & vihykFkhZx.k cuke fujUtu nkl & izR;FkhZx.k esa

ekuuh; lokZsPp U;k;ky; us ;g vo/kkfjr fd;k gS fd /kkjk 2 ¼OO½ ds

izkfo/kku ¼a½ ¼b½ ¼c½ dh ifjf/k esa u vkus okyh lsok lekfIr NaVuh gSA xSeu

bfUM;k fyfeVsM&vihykFkhZ cuke-----fujatu nkl------izR;FkhZ esa izR;FkhZ fujUtunkl

dh fu;qfDr fnukad 10-9-62 ds vkns’k ls vihykFkhZ }kjk ofj”B DydZ ds :Ik

esa dh x;h FkhA 14-9-67 dh uksfVl }kjk izR;FkhZ dh lsok ;g dgdj lekIr

dj nh x;h fd dEiuh ds dk;Z dh ek=k esa deh ds dkj.k eUnh vk x;h

gS vr% 14-10-67 ds ckn dEiuh dks izkFkhZ ds lsok dh vko’;drk ugha

jgsxhA uksfVl esa ;g Hkh mYys[k fd;k x;k fd Hkfo”; esa dEiuh ds fdlh

dk;ZLFky ij ;fn dksbZ dk;Z nsuk lEHko gqvk rks izR;FkhZ dks u;k volj

iznku fd;k tk;sxkA dEiuh }kjk izR;FkhZ dks uksfVl esa mlds }kjk dEiuh

esa dh x;h lsokvksa ds fy, /kU;okn Hkh fn;k x;kA izR;FkhZ }kjk mBk;s x;s

vkS|ksfxd fookn esa fook|d ;g Fkk fd D;k izR;FkhZ dh NaVuh vuqfpr ,ao

voS/kkfud gS] ;fn gka rks fdl funZs’k dh vko’;drk gS\ vkS|ksfxd

U;k;kfèkdj.k us NaVuh vuqfpr ,oa voS/k vo/kkfjr dh vkSj ;g ?kks”k.kkRed

vuqrks”k iznku dh fd tc rd fof/kd :Ik ls izR;FkhZ dh NaVuh ugha dh

tkrh og osru lfgr lsok esa ekuk tk;sxkA vkS|ksfxd U;k;kf/kdj.k ds

,okMZ ds fo:) flfoy fjV ;kfpdk ekuuh; ,dyihB }kjk Lohdkj dh

x;h vkSj ;g vo/kkfjr fd;k x;k fd izR;FkhZ dh lsok lekfIr /kkjk 25

,Q,Q,Q ds izkfo/kku ls fu;fU=r gksxh D;ksafd mudh lsokeqfDRk dEiuh

dh cUnh ds ifj.kkeLo:Ik gqbZ ftlesa lsokeqfDr ds iwoZ {kfriwfrZ dh vnk;xh

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vizSy 2] 2016@pS=k 13] 1938

1207

vko’;d ugha gS rFkk bl dkj.k izR;FkhZ dh lsokeqfDRk oS/k gSA ekuuh;

,dy ihB }kjk vkS|ksfxd U;k;kf/kdj.k dk iapkV fujLr dj i=koyh ihB

}kjk iqu% iapkV ikfjr djus gsrq bl funsZ’k ds lkFk izR;kofrZr dh x;h fd

vkS|ksfxd U;k;kf/kdj.k ;g fuf.krZ djs fd ekuuh; ,dy ihB }kjk vius

fu.kZ; esa fn;s x;s ekxZn’kZu ds vuqlkj fdl funsZ’k dh vko’;drk gSA

izR;FkhZ }kjk ekuuh; ,dy ihB ds fu.kZ; ds fo:) izLrqr ysVlZ isVsUV

vihy esa ekuuh; [k.MihB us vihy Lohdkj dh vkSj ;g vo/kkfjr fd;k

fd ljdkj }kjk izsf”kr fjQjsUl esa gh ;g Li”V fd;k x;k Fkk fd lsokeqfDr

NaVuh Fkh vkSj vkS|ksfxd U;k;kf/kdj.k dks ;g fopkj.k djuk Fkk fd NaVuh

vuqfpr ;k voS/kkfud Fkh] vRk% ,dyihB dks fjQjsULk dk vk/kkj cnyus dh

NwV ugha Fkh fd ekeyk 25&,Q,Q,Q ds v/khu ^^vkS|ksfxd midze dh

cUnh** dk FkkA ekuuh; [k.MihB ds fu.kZ; ds fo:) vihy esa ekuuh;

loksZPp U;k;ky; ds lEk{k ;g iz’u fopkj.kh; Fkk fd D;k ekuuh;

,dyihB }kjk vkS|ksfxd U;k;kf/kdj.k ds fu.kZ; esa gLr{ksi U;k;laxr Fkk

fd ekeyk 25&,Q,Q,Q }kjk vkPNkfnr ^^vkS|ksfxd midze dh cUnh** dk

Fkk ;k vkS|ksfxd U;k;kf/kdj.k ;g vo/kkfjr djus esa lgh Fkk fd ^^NaVuh**

/kkjk 25&,Q ds izkfo/kku ls vkPNkfnr FkhA ekuuh; lokZsPp U;k;ky; us

fu.kZ; ds izLrj nks ist 511 esa ;g izs{k.k fd;k gS fd mDr iz’u dk mRrj

ek= jsQjsUl ds voyksdu ls fn;k tk ldrk gS ftlesa dgha bl ckr dh

lqxcqxkgV Hkh ugha gS fd dEiuh dk fnYyh dk;kZy; cUn gksus tk jgk gSA

ekuuh; lokZsPp U;k;ky; us vihy Lohdkj dh rFkk vkS|ksfxd U;k;kf/kdj.k

ds fu.kZ; dh iqf”V dhA fu.kZ; ds izLrj nks esa ekuuh; lokZsPp U;k;ky; us

;g vo/kkfjr fd;k gS] “………on a true construction of the

notice, it would appear that the respondent had become

surplus on account of reduction in volume of work and

that constitutes Retrenchment even in the traditional sense

of the term ……...A

36-

orZeku ekeys ds rF; ,oa ifjfLFkfr;ksa rFkk xSeu bfUM;k fyfeVsM

ds rF; ,oa ifjfLFkfr;ksa ds voyksdu ls ;g LIk”V gS fd nksuksa esa dksbZ

lkE;rk ugha gS rFkk jes’k lSuh ds ekeys esa mDr n`“VkUr ls dksbZ enn ugha

yh tk ldrh gS D;ksafd Jh jes’k lSuh dk ekeyk /kkjk 2 (oo)(bb) ls

vkPNkfnr gSA

37-

eksguyky &vihykFkhZ cuke—— eSUkstesUV vkWQ eSllZ Hkkjr

bysfDVªkfuDl fyfeVsM ----izR;FkhZ esa vihykFkhZ eksguyky] izR;FkhZ] eSllZ

Hkkjr bySfDVªkfuDl fyfeVsM esa vLFkk;h lsYleSu ds in ij fnukad

08-12-73 ls 520 :Ik;s ekfld osru ij fu;qDr FkkA vihykFkhZ dh lsok

fnukad 12-10-74 ds i= }kjk fnukad 19-10-74 ls vpkud ,oa vizR;kf’kr

:Ik ls lekIr dj nh x;hA vkS|ksfxd fookn esa ;g iz’u mBk fd D;k

vihykFkhZ dh lsok lekfIr fof/k fo:) ,oa vuqfpr gS] ;fn gka rks vihykFkhZ

fdl vuqrks”k dk gdnkj gS rFkk bl lEcU/k esa D;k funsZ’k vko’;d gS\

izR;FkhZ ds dFkukuqlkj vihykFkhZ izkjfEHkd :Ik esa vihykFkhZ N% ekg dh

ifjoh{kk ij fu;qDr Fkk rFkk ifjoh{kk dh vof/k 8-9-74 rd foLrkfjr Fkh

rFkk foLrkfjr ifjoh{kk ds ckn v;ksX;rk ds vk/kkj ij vihykFkhZ dh lsok

lekIr dh x;hA fo}ku Je U;k;ky; us ;g ik;k fd fu;qfDr i= esa

ifjoh{kk dk dksbZ mYys[k ugha FkkA vihykFkhZ fu;qfDr vkns’k ds ckn ikfjr

vkns’k ls izFke 6 ekg dh ifjoh{kk ij RkFkk ckn esa foLrkfjr ifjoh{kk

vkns’k ds vk/kkj ij 8-9-74 rd ifjoh{kk ij Fkk rFkk v;ksX;rk ds vk/kkj

ij Ik’pkrorhZ ifjoh{kk vkns’k ds nkSjku vihykFkhZ dh lsok lekIr dh

x;hA rn~uqlkj fo}ku Je U;k;ky; us ;g vo/kkfjr fd;k fd vihykFkhZ dh

lsok lekfIr /kkjk 2 ¼00½ lifBr /kkjk 25 ,Q ds vuqlkj NaVuh ls

ifjHkkf”kr ugha gS vr% lsoklekfIr u xyr gS u vuqfpr gS u voS/k gSA Je

U;k;ky; ds fu.kZ; ds fo:) vihy ekuuh; lokZsPp U;k;ky; us Lohdkj

dhA ekuuh; lokZsPp U;k;ky; us ;g ik;k fd Je U;k;ky; dk fu”d”kZ

xyr Fkk fd vihykFkhZ dh lsoklekfIr ifjoh{kk dh vof/k esa Fkh blfy,

lsokeqfDr vkns’k ls /kkjk 2 ¼00½ lifBr /kkjk 25,Q dk mYya?ku ugha gqvkA

ekuuh; lokZsPp U;k;ky; ds le{k ,d ek= ;g Ikz’u fopkj.kh; Fkk fd

izR;FkhZ }kjk izLrqr dFku ds vk/kkj ij D;k vihykFkhZ dh lsoklekfIr dk

vkns’k NaVuh dh ifjHkk”kk ls vkPNkfnr gS\ fu.kZ; ds izLrj 5 esa ekuuh;

lokZsPp U;k;ky; us ;g vo/kkfjr fd;k gS] “…….The service of the

appellant was terminated with effect from October 19, 1974.

What was the nature and character of service of the

appellant from September 8, 1974 when the extended period

of probation expired and termination of his service on

October 19, 1974? He was unquestionably not on probation.

He was either temporary or permanent but not a probationer.

How is it open then to the Labour Court to record a finding

that the service of the appellant was terminated during the

period of probation on account of his unsatisfactory work

which did not improve in spite of repeated warnings? The

Labour Court concluded that notwithstanding the fact that

the appellant was not shown to have been placed on

probation in the initial appointment letter but in view of the

subsequent orders there was a period of probation

prescribed for the appellant and that his service was

terminated during the extended period of probation. This

is gross error apparent on the face of the record which, if

not interfered with, would result in miscarriage of justice.

38-

gfjeksgu jLrksxh &vihykFkhZ cuke Je U;k;ky; ,oa vU;&&

izR;FkhZx.k esa vihykFkhZ mRrj izns’k jkT; fo|qr ifj”kn esa lc LVs’ku

lgk;d ds :Ik esa iqu% fu;qDr gksdj fnuakd 4-12-1968 ls dk;Zjr FkkA ‘kgj

izHkkjh] y[kuÅ ds :Ik esa dk;Zjr jgus ds nkSjku 31-12-67 dks mldh lsok,a

lekIr dj nh x;h FkhA eksguyky &vihykFkhZ cuke .... eSllZ Hkkjr

bySDVªkfuDl fyfeVsM -----izR;FkhZ ds fu.kZ; dks n`f”Vxr j[k ekuuh; lokZsPp

U;k;ky; us vihykFkhZ dks foxr osru lfgr lsok esa iquLFkkZfir gksus dk

vkns’k fn;kA

39-

eksguyky rFkk gfjeksgu jLrksxh ds ekeys ls izkFkhZ ds ekeys esa

dksbZ enn ugha yh tk ldrh gS D;ksafd bu nksukas ekeyksa esa vihykFkhZx.k

1208

THE GAZETTE OF INDIA : APRIL 2, 2016/CHAITRA 13, 1938

[PART II—SEC. 3(ii)]

,oa izR;FkhZx.k ds chp ijLij fu;ksDrk ,oa deZdkj gksus rFkk izkFkhZx.k dks

fu;qfDr nsus vkSj izkFkhZx.k ds dk;Z ds Lo:Ik ds lEcU/k esa dksbZ fookn ugha

Fkk tcfd orZeku ekeys esa izkFkhZ ;g ugha fl) dj ldk gS fd mls laLFkku

}kjk fu;qfDRk nh x;h gSA foi{k }kjk fu;qfDr ds rF; ls LIk”V bUdkj fd;k

x;k gS vkSj dgk x;k gS fd lafonk ds vk/kkj ij izkFkhZ **izkstsDV bEiSDV**

ds fy, Bsdsnkj ds tfj;s lEc) Fkk rFkk mldh lEc)rk **izkstsDV bEiSDV**

rd gh lhfer FkhA

40-

;’koUr flag ;kno ds ekeys esa ;kph us Hkkjrh; lafo/kku ds vuqPNsn

226 ds vUrxZr vius fu;qfDr&i= ds lkFk ekuuh; mPp U;k;ky; esa

;kfpdk bl dFku ds lkFk izLrqr fd;k fd og vk;qosZfnd vkS”k/kky;]

e;wjosjk] vyoj esa nSfud osru&Hkksxh] prqFkZ Js.kh deZpkjh ds :Ik esa fnukad

28-11-85 dks fu;qDr fd;k x;k vkSj bl fu;qfDr dh vof/k 53 fnu dh FkhA

ckn esa fnukad 28-1-86 ds vkns’k ls mldh fu;qfDr vof/k dks foLrfjr fd;k

x;k vkSj fnukad 25-4-86 ds vkns’k ls mldh lsok dks vkxkeh vkns’k rd

foLrfjr fd;k x;kA bl izdkj mlus 13-8-87 rd mDr vkS”k/kky; esa dk;Z

fd;kA vkxs ;kph us mYys[k fd;k fd vpkud mldh lsok fnukad 13-8-87

ds dze’k% izR;kFkhZ 2 ,oa 3 ds vkns’k ls lekIr dj nh x;h rFkk nksuksa

izR;kFkhZx.k }kjk ikfjr lsok lekfIr lEcfU/kr vkns’k fnukad 13-8-87 ds gh

FksA ;kph us lsok foLrkj lEcfU/kr vkns’k fnukad 28-1-86 vkSj 25-4-86 ,oa

lsok lekfIr lEcfU/kr nksuksa vkns’k fjV ;kfpdk ds lkFk layXu fd;sA

;kph us lsok lekfIr ds nksuksa vkns’kksa dks bl vk/kkj ij pqukSrh nh

Fkh fd vkS|ksfxd fookn vf/kfu;e 1947 ds vUrXkZr og **deZdkj** rFkk

vkS”k/kky; **m|ksx** dh ifjHkk”kk ls vkPNkfnr Fkk vkSj lsok lekfIr vkns’k

fnukad 13-6-87 ds Bhd iwoZ 12 dys.Mj eghuksa esa mlus yxkrkj 240 fnu

ls T;knk vof/k rd lsok dh] blfy, mldks lsok lekfIr **NVuh** dh

Js.kh esa ifjHkkf”kr gS ysfdu mldh NVuh /kkjk 25 ¼,Q½ ds vkKkid funsZ’kksa

dk ikyu fd;s fcuk dh x;hA mls u uksfVl nh x;h ;k uksfVl ds cnys

osru fn;k x;k vkSj u gh {kfriwfrZ nh x;h tSlk fd /kkjk 25 ,Q esa

izkfoèkkfur gS vr% mldh ** NVuh** voS/k gSA mlus ;kpuk dh fd lsok

lekfIr lEcfU/k nksuksa vkns’k fujLr fd;s tk; rFkk fiNys lEiw.kZ osru ds

lkFk mls lsok esa okil fy;k tk;A ;kph us ;g Hkh ;kpuk dh] fd mlls

,d fu;fer prqFkZ Js.kh deZpkjh dk dk;Z fy;k tkrk Fkk ysfdu mls dsoy

nSfud etnwjh nh tkrh Fkh tks ,d fu;fer deZpkjh ds osru ls dkQh de

gS vr% izR;FkhZx.k dks fu;fer deZpkjh dk osru nsus ds fy, Hkh funsZf’kr

fd;k tk;A

izR;FkhZx.k us ;kfpdk dk fojks/k djrs gq, vius dFku esa ;kph dh

va’kdkyhu nSfud osru Hkksxh prqFkZ Js.kh dehZ ds :Ik esa fu;qfDr Lohdkj

dh vkSj dgk fd ;kph dh iw.kZdkyhu fu;qfDr ugha FkhA ;g Hkh dgk x;k

fd pw¡fd og va’kdkfyd fu;qfDr ij Fkk blfy, **deZdkj** dh ifjHkk”kk

vkPNkfnr ugha Fkk tSlk fd vkS|ksfxd fookn vf/kfu;e 1947 esa ifjHkkf”kr

gSA blfy, /kkjk 25 ¼,Q½ ds izkfo/kku ds ikyu dh vko’;drk ugha Fkh]

vr% ;kfpdk iks”k.kh; ugha gSaA

izR;FkhZx.k dh rjQ ls bl fcUnq ij dksbZ cpko ugha j[kk x;k fd

vkS”k/kky; **m|ksx** dh ifjHkk”kk ls vkPNkfnr ugha gSA ekuuh; mPp

U;k;ky; dh [k.MihB us ekuuh; loksZPp U;k;ky; ds fofHkUu n`“VkUrksa dk

mYys[k djrs gq, vo/kkfjr fd;k dh vkS”k/kky; **m|ksx** dh ifjHkk”kk ls

vkPNkfnr gSA

ekuuh; mPp U;k;ky; ds le{k bl ekeys esa ;g iz’u fopkj.kh;

Fkk fd D;k va’kdkfyu deZpkjh /kkjk 2 ¼,l½ esa of.kZr **deZdkj** dh

ifjHkk”kk ls vkPNkfnr gS \ bl ekeys esa ;g fo’ks”k :Ik ls mYys[kuh; gS

fd ekuuh; mPp U;k;ky; us fu.kZ; ds izLrj 5 esa fof’k”V :Ik ls mYys[k

fd;k gS fd i{kdkjksa ds chp fu;qfDr dh frfFk vkSj lsok lekfIr dh frfFk]

fu;qfDr i= tkjh gksus rFkk lsok lekfIr ds vkns’k tkjh gksus ds fcUnq ij

rFkk lsok lekfIr dh frfFk rd deZpkjh ds dk;Zjr jgus ds rF; ij

mHk;i{k ds chp dksbZ fookn ugha FkkA ;|fi lsok dh Øzec)rk izHkkfor Fkh

ysfdu ;g rF; egRoiw.kZ Fkk fd lsok lekfIr ds fnu rd og dk;Zjr FkkA

bl ckr ij Hkh fookn ugha Fkk fd /kkjk 25 ¼,Q½ ds vuqikyu esa uksfVl

vFkok osru ;k {kfriwfrZ ugha nh x;h FkhA bl izdkj ekuuh; mPp U;k;ky;

us ;g dgk fd deZpkjh us /kkjk 25 ¼,Q½ ds vuq:Ik yxkrkj dke fd;k Fkk

vr% ;g vo/kkfjr fd;k fd izR;FkhZx.k }kjk /kkjk 25 ¼,Q½ dk mYya?ku

fd;k x;k FkkA vr% **NVuh** voS/k Fkh vkSj lsok lekfIr dk vkns’k rn~uqlkj

fujLr gksus ;ksX; FkkA

tgkW rd **deZdkj** dh ifjHkk”kk ls ;kph ds vkPNkfnr gksus dk

iz’u gS ekuuh; mPp U;k;ky; us ekuuh; loksZPp U;k;ky; vkSj fofHkUu

mPp U;k;ky;ksa }kjk n`“VkUrksa esa iznÙk fof/k O;oLFkkvksa dks m)`r djrs gq,

;g vo/kkfjr fd;k fd ;kph **deZdkj** dh ifjHkk”kk ls vkPNkfnr Fkk

;|fi og va’kdkyhu deZpkjh FkkA ekuuh; mPp U;k;ky; us rn~uqlkj fjV

;kfpdk Lohdkj dh rFkk fiNys 50 izfr’kr osru ds lkFk va’kdkyhu

deZpkjh ds :Ik esa gh in LFkkfir djrs dk funsZ’k fn;k ijUrq fu;fer prqFkZ

Js.kh deZpkjh ds :Ik esa osru fn;s tkus lEcfU/kr vuqrks”k ds fy, ;kfpdk

vLohdkj dhA fu;qfDr i= dk vHkko ,oWa vU; ifjfLFkfr;ksa dks n`f”Vxr j[k

eSa bl fu”d”kZ ij gw¡ fd ;g n`“VkUr ‘kadjyky ds orZeku ekeys esa dsoy

mlds **deZdkj** gksus ds lEcU/k esa ykxw gksrk gSA ekuuh; mPp U;k;ky;

}kjk n`“VkUr esa nh x;h fof/k& O;oLFkk dks n`f”Vxr j[krs gq, vo/kkfjr

fd;k tkrk gS fd izkFkhZ **deZdkj** gSA

41-

;’koUr flag ;kno ds ekeys ls izkFkhZ Jh jes’k lSuh ds i{k esa dksbZ

enn ugha yh tk ldrh gS D;ksafd orZeku ekeys esa foi{k }kjk izkjEHk ls gh

izkFkhZ dks fu;qfDr nsus ds rF; ls bUdkj fd;k x;k gS vkSj izkFkhZ ;g fl)

ugha dj ldk gS fd foi{k us mls dksbZ fu;qfDr i= fn;k tcfd ;’koUr

flag ;kno ds ekeys esa fu;qfDr fn;k tkuk] fu;qfDr dh frfFk vkSj lsok

lekfIr dk vkns’k mHk;i{k dks Lohdkj gSA

42-

Mh-ds- ;kno & vihykFkhZ cuke ts-,u-,- b.MLVªht fyfeVsM&

izR;FkhZ ds ekeys esa vihykFkhZ dh lsok,a LVSfUMax vkMZlZ ds DykWt 13¼2½¼IV½

ds izkfo/kku ds vuqlkj izR;FkhZ fu;ksDrk }kjk lekIr dh nh x;h FkhA mDRk

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vizSy 2] 2016@pS=k 13] 1938

1209

izkfo/kku ds vuqlkj vuqeksfnr vodk’k dh lekfIr ds ckn ;fn deZdkj

vukf/kd‘r vuqifLFkfr dh vof/k esa vkB fnu ds vUnj okil vkdj lsok esa

‘kkfey ugha gksxk rks mldh lsok lekIr gksxh ;fn mlds }kjk fu;ksDrk dks

lUrks”ktud Li”Vhdj.k ugha izLrqr fd;k tkrk gSA izkfo/kku ds vuqlkj

vkB dk;Z fnolksa dh lekfIr ds ckn ;g ekuk tk;sxk fd deZdkj us lsok

dk ifjR;kx dj fn;k gS rFkk lsok esa okilh dk mls vf/kdkj ugha gSA

fu;ksDrk }kjk 12-12-80 ds i= }kjk vihykFkhZ dks lwfpr fd;k x;k

fd 3-12-80 ls og M;wVh ls yxkrkj fcuk vuqefr Lor% vuqifLFkr jgk gS

vr% 3-12-80 ls og viuh lsok lekIr le>sA vihykFkhZ dk tokc Fkk fd

mlds }kjk 3-12-80 dks lsok esa mifLFkfr nsus ds ckotwn mls mifLFkfr

iaftdk esa gLrk{kj ugha djus fn;k x;k rFkk izos’k }kj ij 3-12-80 rFkk

mlds ckn vUnj tkus ls jksdk x;kA ;g Hkh dgk x;k fd mlus 3-12-80 ds

i= esa vuqifLFkfr dk Li”Vhdj.k fn;k gSA Je U;k;ky; us ;g vo/kkfjr

fd;k fd deZdkj viuk ekeyk lsok esa iquLFkkZiuk ;ksX; lkfcr ugha dj

ldk gS ,oa fu;ksDrk }kjk LVSfUMx vkMZj ds vuqlkj dh x;h dk;Zokgh

vkS|ksfxd fookn vf/kfu;e ds izkfo/kku ds vuqlkj ^^NaVuh^^ ugha gSA Je

U;k;ky; ds fu.kZ; ds fo:) ekuuh; lokZsPp U;k;ky; us ;g ik;k fd dksbZ

?kjsyw tkap ugh dh x;h vkSj u gh vihykFkhZ dks viuk ekeyk cpko gsrq

j[kus dk volj iznku fd;k x;k ftlls U;k; ds uSlfxZd fl)kUr dk guu

gqvkA ekuuh; loksZPp U;k;ky; us ;g vo/kkfjr fd;k] “In this case,

admittedly, no opportunity was given to the appellant and

no enquiry was held. The appellants’s plea put forth at the

earliest was that despite his reporting to duty on 3rd

December, 1980, and on all subsequent days and readiness

to join duty he was prevented from reporting to duty, nor

was he permitted to sign the attendance register. The

tribunal did not record any conclusive finding in this behalf.

It concluded that the management had power under clause

13 of the certified standing orders to terminate the service

of the appellant. Therefore, we hold that the principles of

natural justice must be read into the Standing Order No.

13(2) (iv). Otherwise, it would become arbitrary, unjust and

unfair, violating article 14. When so read the impugned

action is violative of the principles of natural justice.”

43-

tlesj flag cuke gfj;k.kk jkT; ,oa vU; esa vihykFkhZ nSfud

osru Hkksxh deZpkjh Fkk ftldh fu;qfDr 1-1-93 dks gqbZ Fkh vkSj fnlEcj 93

rd mlus lsok dhA mlus 240 fnu dh lsok Hkh iwjh dj yh FkhA 31-12-93

dks mldh lsok lekIr dj nh x;hA vihykFkhZ dh lsok,a mlds dFkukuqlkj

/kkjk 25 ,Q] 25 th ,oa 25 ,p ds izkfo/kku dk vuqikyu fd;s fcuk lekIr

dh x;hA Je U;k;ky; us vihykFkhZ dh lsokeqfDRk dks fof/k fo:) ekuk ,oa

iw.kZ foxr osru ds lkFk lsok esa iquLFkkZiuk dk vkns’k fn;kA ekuuh; mPp

U;k;ky; dh ,dyihB us Je U;k;ky; ds vkns’k dks fujLr fd;k rFkk

,dyihB ds fu.kZ; dh iqf”V ekuuh; [k.MihB }kjk dh x;hA ekuuh;

lokZsPp U;k;ky; us [k.MihB ds fu.kZ; ds fo:) vihy Lohdkj dh rFkk

Je U;k;ky; ds fu.kZ; dh iqf”V dhA

44-

Mh-ds- ;kno ,oa tlesj flag ds ekeys ls Hkh ;kph ds LkUnHkZ esa dksbZ

enn ugha yh tk ldrh gS D;ksafd nksuksa ekeys esa fu;qfDr dk fookn ugha

FkkA Mh-ds- ;kno ds ekeys esa izkFkhZ dh lsokeqfDr esa uSlfxZd U;k; ds

fl)kUr dk mYya?ku ik;k x;k ftldk vuqlj.k LVSfUMax vkMZj ds izkfo/kku

ykxw djus esa fu;ksDrk }kjk ugha fd;k x;k ,oa tlesj flag ds ekeys esa

mudh lsokeqfDr esa NaVuh dh ifjHkk”kk ls vkPNkfnr ik;h x;h tcfd jes’k

lSuh ds ekeys esa ,slk ugha gSA

45-

fxfj’k dqekj tSu cuke ;wfu;u vkWQ bfUM;k ,oa vU; esa ;kph

fxfj’k dqekj tSu t;iqj fLFkr jktLFkku gkmflax izkstsDV ds fy, n

bfUtfu;fjax izkstsDV ¼bfUM;k½ fyfeVsM ds v/khu lafonk ij fu;qDr FksA

;kph dks twfu;j lqijokbtj ds in ij fu;qfDr vkns’k fnukafdr 1-2-90

}kjk vLFkk;h izkstsDV bLVScfy’kesUV esa iznku dh x;h FkhA fu;qfDr i=

fuEu Lo:Ik esa Fkk %& “You shall work as JR. Superior in our

temporary project establishment, i.e. EPI, Jaipur Housing

Project, on contract employment for a period of Two Year(s)

starting from 01.02.90 to 31.01.1992 or the completion of

the project, which ever is earlier. On the expiry of this period,

you shall automatically stand relieved from this contract

employment”.

fu;qfDr i= esa nh x;h vof/k dh lekfIr ds ckn Hkh ;kph dk;Zjr

jgs ;|fi EPI dk dguk Fkk mDr vof/k dk nks lky ds fy, foLrkj fd;k

x;k Fkk ijUrq bl lEcU/k esa dksbZ izys[k izR;FkhZ us ugha izLrqr fd;s FksA

;kph dk dFku Fkk fd tc le; dh lekfIr ds lkFk ;kph dh lsok fnukad

1-1-92 dks LoRk% lekIr ugha gqbZ rFkk foLrkfjr Hkh gqbZ rks ,slh n’kk esa

;kph dh lsoklekfIr U;k;laxr ugha gSA ;kph dh lsok 2-2-93 ds vkns’k

}kjk 6-2-93 ls lekIr dh x;h FkhA lsoklekfIr ds i= ds lkFk lafonk dh

‘krksZa rFkk fof/k ds vuqlkj (Rs. 12,500,4)P dh /kujkf’k Hkh Hksth x;h Fkh

ftlesa (Rs. 2168,30) ,d ekg dh uksfVl ds cnys /kujkf’k FkhA

;kph us lsoklekfIr vkns’k dks bl vk/kkj ij pqukSrh nh fd lafo/kku

ds vuqPNsn 12 ds vFkksZa esa izR;FkhZ **jkT;** gS vkSj cgl ds mn~ns’; ls ;g

eku Hkh fy;k tk; dh izkstsDV lekIr gks x;k Fkk rks ;g vko’;dr Fkk fd

;kph dk lek;kstu EPI ds fdlh vU; izkstsDV esa gksuk pkfg, Fkk D;ksafd

EPI lEiw.kZ Hkkjr esa fofHkUu vU; izkstsDV pyrh rFkk mldk fdz;kUo;u

djrh gS blfy, ;kph dh lsok,a lekIr ugha gksuh pkfg, FkhA ;g cgl Hkh

fd x;h fd bl ekeys eas bl fcUnq ij dksbZ fookn ugha fd;k tk ldrk gS

fd /kkjk 25 ¼,Q½ dk vuqikyu ugha fd;k x;k gS vr% lsokeqfDr vkns’k

^^NaVuh^^ gS blfy, vfLrRo esa cus jgus ;ksX; ugha gSA izR;FkhZ ds fo}ku

vf/koDrk us ;g dFku izLrqr fd;k fd ;kph /kkjk 2 ¼,l½ ds vUrxZr

^^deZdkj^^ ugha Fkk vkSj lafonk ij mldh lsoklekfIr ^^NaVuh^^ ugha Fkh

blfy, /kkjk 25 ¼,Q½ ds izkfo/kku ykxw ugha gksrs gSA ekuuh; mPp

U;k;ky; us ;kph dks ^^deZdkj^^ ekuk rFkk ;kfpdk Lohdkj dh ,oa ;g

1210

THE GAZETTE OF INDIA : APRIL 2, 2016/CHAITRA 13, 1938

[PART II—SEC. 3(ii)]

vo/kkfjr fd;k fd /kkjk 25 ¼aa½ vkSj ¼b½ dk ikyu ugha gqvk FkkA ^^jkT;**

ds v/khu dk;Zjr laLFkkuksa ds lEcU/k esa ekuuh; mPp U;k;ky; us fu.kZ; ds

izLrj 5 esa ;g vo/kkfjr fd;k gS] “………..that in a case of

instrumentality of the State if necessity arises to terminate

the services of the employees who are governed by the

provisions of the I.D. Act then an effort should be made to

rehabilitate them or to provide them alternative employment

in other projects and if it is not possible to accommodate

them recourse should be had to dispense with their services

after complying with the provisions of the I.D. Act...

orZeku ekeys esa ;kph dh lEc)rk dsoy ^^izkstsDV bEiSDV** ds fy,

lhfer Fkh vr% ;kph ds lek;kstu gsrq dksbZ fLFkfr ugha curh gS ,oa

rn~uqlkj fxfj’k dqekj tSu ds ekeys ls izkFkhZ ds fgr esa dksbZ enn ugha yh

tk ldrh gSA

46-

foi{k dh rjQ ls izLrqr n‘“VkUr lh-,l- vktkn d`f”k ,oa

izkS|ksfxdh fo’ofo|ky; cuke ;wukbVsM+ VªsM dkaxzsl ds ekeys esa izR;FkhZ nks

fnukaWd 01-07-1980 dks :i;s 40@& nSfud osru Hkksxh ds :Ik esa fo’ofo|ky;

esa fu;qä gqvk Fkk ftlus prqFkZ Js.kh deZpkjh ds :Ik esa 31-10-1991 rd ySc

vflLVsaV&de& vVSUMsUV ds :Ik esa dke fd;k ijUrq 1-11-1991 ls mlls

lgk;d DydZ dk dke fy;k tkus yxkA izR;FkhZ] ,d VªsM ;wfu;u us izR;FkhZ

nks dh rjQ ls vkS|ksfxd fookn mBk;k fd deZpkjh dh lsok;sa fo’ofo|ky;

}kjk fu;fer ugha dh x;haA vkS|ksfxd U;k;kf/kdj.k ds le{k fu.kZ;kFkZ ;g

iz’u Fkk fd **D;k fo’ofo|ky; us deZpkjh dY;k.k flag ¼foi{kh nks½ dks

tks DydZ :Ik esa dk;Zjr gS] LFkk;h deZpkjh ?kksf”kr u dj voS/kkfudrk

dkfjr dh gS ;fn gkW rks D;k deZpkjh }kjk ;kfpr vuqrks”k vf/kdkfjd gS ,oaW

fdl rkjh[k ls ,oWa fdl vk/kkj ij \**

vkS|ksfxd U;k;kf/kdj.k ds fo}ku ihBklhu vf/kdkjh us fookn dks

izR;FkhZ nks ds i{k esa fuf.kZr dj fu.kZ; dh frfFk 30-5-1998 ls deZpkjh dks

LFkk;h ?kksf”kr djus rFkk vuqxkeh vkfFkZd ykHk iznku djus ds fy, funsZf’kr

fd;kA

U;k;kf/kdj.k ds fu.kZ; ds iwoZ ekuuh; mPp U;k;ky; us dqN vU;

deZpkfj;ksa rFkk fo’ofo|ky; ds chp fookn ls lEcfU/kr ,d fjV ;kfpdk

deZpkfj;ksa ds i{k esa fo’ofo|ky; ds fo}ku vf/koDrk dh rjQ ls iznÙk

dqN fj;k;r ds vk/kkj ij fuf.kZr dh FkhA U;k;kf/kdj.k us ftu vk/kkjksa ij

vius le{k yfEcr mä fookn fuf.kZr fd;k mlesa ekuuh; mPp U;k;ky;

}kjk fuf.kZr mä fjV ;kfpdk dk fu”d”kZ Hkh vk/kkj FkkA

U;k;kf/kdj.k ds fu.kZ; ds fo:) izLrqr flfoy eqrQdkZ fjV

;kfpdk ekuuh; bykgkckn mPp U;k;ky; }kjk fuEu izs{k.k ds lkFk fujLr

dh x;h %&

“11. The University statute does not provide for

appointment on daily wages or on an ad hoc basis.

Respondent 2 in his written statement filed before

the Industrial Court did not make any averment that

he had been appointed in terms of the provisions of

the statute or prior thereto any advertisement

therefore was made. According to him, he being a

hard working, honest, efficient and eligible employee,

was “entrusted” with the work of a clerk from 1-11-

1991. In his written statement, it was averred:

“5. That though the worker was working against a

permanent vacant post as a clerk in a permanent

manner, however, the employer is not giving him the

actual scale of pay and other allowances and benefits

as that of a permanent clerk. However, he is still

considered as a daily wager in spite of having worked

since last 14 years continuously, which is illegal and

wrong.”

“12. A feeble attempt, however, was made by the

learned counsel appearing on behalf of Respondent

2 to state that he had been appointed against a

permanent vacancy. In his written statement, he did

not raise any such contention. It does not also appear

from the records that any offer of appointment was

given to him. It is inconceivable that an employee

appointed on a regular basis would not be given an

offer of appointment or shall not be placed on a scale

of pay. We, therefore, have no hesitation in

proceeding on the premise that Respondent 2 was

appointed on daily wages.

The Industrial Court in passing the impugned award

proceeded on the premise that Respondent 2 had

been working for more than 240 days continuously

from the date of his engagement. It is now trite that

the same by itself does not confer any right upon a

workman to be regularized in service. Working for

more than 240 days in a year was relevant only for

the purpose of application of Section 6-N of the U.P.

Industrial Disputes Act, 1947 providing for

conditions precedent to retrench the workmen. In

does not speak of acquisition of a right by the

workman to be regularized in service.”

ekuuh; loksZPp U;k;ky; ds le{k vihy esa deZpkjh fd rjQ ls

;g cgl dh x;h fd prqZFk Js.kh dehZ ds :Ik esa deZdkj us ySc vflLVSUV

ds LFkk;h fjDr in ij rFkk r`rh; Js.kh deZpkjh ds :Ik esa DydZ ds LFkk;h

in ij yEch vof/k rd lsok dh gS] bl izdkj vkS|ksfxd U;k;kf/kdj.k }kjk

ikfjr fu.kZ; vkns’k U;k;kf/kdj.k dh vf/kdkfjrk ds vUnj gSA izR;FkhZ dh

rjQ ls ;g Hkh cgl dh x;h fd ekuuh; mPp U;k;ky; ds vkns’k ls

izR;FkhZ ls dfu”d deZpkjh dh fu;fer fd;s tk pqds Fks vr% izR;FkhZ nks

fu;fefrdj.k dk gdnkj FkkA fu.kZ; ds fo:) vihykFkhZ dh rjQ ls ;g

cgl dh x;h fd fu;qfDr LVsP;wVjh ¼statutory½ fu;eksa ds fo:) Fkh vr%

vf/kdj.k }kjk fu;fefrdj.k dk funsZ’k ugha fn;k tkuk pkfg, Fkk rFkk

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vizSy 2] 2016@pS=k 13] 1938

1211

vfèkdj.k ?kks”k.kkRed O;kns’k dh fMdzh ikfjr ugha dj ldrkA ekuuh;

loksZPp U;k;ky; us vihy Lohdkj dh vkSj ;g vo/kkfjr fd;k]**

“17.

The Industrial Court, therefore, in our

opinion, committed a serious error in passing the

impugned award. The High Court unfortunately did

not pose unto itself a right question. It referred to a

large number of decisions. Although most of the

decisions referred to by the High Court should have

been applied for upholding the contention of the

appellant herein, without any deliberation thereupon,

the learned Judge has proceeded to determine the

question posed before it on a wholly wrong premise.

As noticed hereinbefore, it relied upon Mahendra L.

Jain which in no manner assists Respondent2.

18. What was necessary to be considered was the

nature of work undertaken by the University. It

undertakes projects. For the said purpose, it may

have to employ a large number of persons. Their

services had to be temporary in nature. Even for that

the provisions of Articles 14 and 16 are required to

be complied with. In the event, the constitutional

and statutory requirements are not complied with,

the contract of employment would be rendered illegal.

19.Services of Respondent 2 were not terminated.

He has been continuing to serve the University. We

have noticed hereinbefore that in a writ petition filed

by other employees on a concession made by the

counsel for the University, a purported scheme dated

24-4-2000 has been formulated. Dr. Padia in that view

of the matter stated before us that of Respondent 2

comes within the purview of the said scheme, his

services shall be regularized when his turn comes

therefor.

20.We place on record the aforementioned statement

made by Dr. Padia that as and when Respondent 2

becomes entitled to be considered for being absorbed

in the services of the University pursuant to the said

scheme, his case may be considered. If his turn for

consideration for regularization has already come, a

decision thereupon shall be taken as expeditiously

as possible.

21.The impugned judgment is set aside. The appeal

is allowed with the aforementioned observations and

directions. However, in the facts and circumstances

of this case, there shall be no order as to costs.”

ek/;fed f’k{kk ifj”kn ds fo}ku vf/koDrk us ekuuh; loksZPp

U;k;ky; ds le{k LosPN;k ij ;g tkfgj fd;k fd vihykFkhZ ekuuh; mPp

U;k;ky; ds iwoZ esa ikfjr fu.kZ; ds vuqlkj tc fo’ofo|ky; dh lsok esa

vkesfyr djus ds fy, gdnkj gks tkrk gS rc mlds ekeys ij fopkj fd;k

tk ldsxkA mä cgl dks fu.kZ; dk fgLlk cukrs gq, ekuuh; loksZPp

U;k;ky; us vihy [kkfjt dhA

ekuuh; loksZPp U;k;ky; ds mDr n`“VkUr ls ;g tkfgj gS fd

izkFkhZ@deZdkj dks mlds ekeys esa ;kfpr vuqrks”k U;k;kf/kdj.k }kjk ugha

iznku fd;k tk ldrk gS D;ksafd mldh fLFkfr izR;FkhZx.k ls csgrj ugha gSa

,oaW izkFkhZ lk{; ls ;g fl) ugha gS fd og foi{k }kjk dHkh fu;qDr fd;k

x;k gSA

47-

ek/;fed f’k{kk ifj”kn cuke vfuy dqekj ds ekeys esa izR;FkhZx.k

dks vihykFkhZ us lu~ 1986 esa vius ;gkWa dk;Z ij bl mn~ns’; ls fu;r

ikfjJfed ij vuqcfU/kr fd;k fd os ek/;fed f’k{kk ifj”kn ds lQy

ijh{kkfFkZ;ksa ds izek.k i= rS;kj djsxsa tks izek.k i= Nis gq, Fks vkSj mlesa

lQy ijh{kkfFkZ;ksa dk fooj.k Hkjuk FkkA 100 izek.ki=ksa esa fooj.k Hkjus dk

ikfjJfed 12@& Fkk tks c<+kdj 20@& dj fn;k x;k FkkA foxr ,d&nks

o”kksZa ds cdk;k izek.k&i= Hkh izR;FkhZx.k }kjk rS;kj fd;s tk pqds Fks

ftldk lekuqikfrd Hkqxrku fd;k x;k FkkA Hkfo”; esa izek.k&i=ksa dh

rS;kjh dk dk;Z dEI;wVjhd‘r gks tkus ds dkj.k izR;FkhZx.k dh lsok;sa

Hkfo”; esa yxkrkj mi;ksx ;ksX; ugha jg x;h blfy, lekIr dj nh x;hA

lsok lekfIr ds fo:) izR;FkhZx.k us fjV ;kfpdk,Wa izLrqr dh ftUgsa

ekuuh; mPp U;k;ky; us Lohdkj dh ftlls {kqC/k gksdj vihykFkhZ us

ekuuh; loksZPp U;k;ky; ds le{k vihy izLrqr dhA

ekuuh; mPp U;k;ky; ds le{k izR;FkhZx.k dh rjQ ls ;g cgl

dh x;h fd os vkdfLed (casual) deZdkj Fks ftUgksuas 240 fnu lsok;sa

iwjh dh FkhA lQy ijh{kkfFkZ;ksa dk izek.k&i= rS;kj djuk vihykFkhZ dk

statutory obligation Fkk] izR;FkhZx.k@ deZdkjksa dh lsok lekfIr

fofèk fo:) Fkh vkSj os lsokesa iqu%LFkkiuk ds gdnkj FksA rn~uqlkj ekuuh;

mPp U;k;ky; us fjV ;kfpdk,Wa Lohdkj dh vkSj casual deZdkj ds :Ik

esa izR;FkhZx.k dks lsok esa iqu%LFkkfir djus ds fy, funsZf’kr fd;k ,oaW osru

ds lEcU/k esa ;g funsZ’k fn;k fd mUgsa og ikfjJfed fn;k tk; tks leku

dk;Z djus okyk fu;fer deZpkjh ikrk gSA ekuuh; mPp U;k;ky; us ;g

Hkh funsZ’k fn;k fd izR;FkhZx.k dks mudh ofj”Brk ,oa ‘kSf{kd ;ksX;rk ds

vuqlkj nSfud osru Hkksxh etnwjh ds vk/kkj ij fu;fer ,y-Mh-lh- ds :Ik

esa fu;qDr djus ij fopkj fd;k tk; tc bl rjg ds in Hkjsa tk; vkSj

mudh lsok,Wa rc rd u lekIr dh tk; tc rd lHkh lsok esa fu;fer

deZpkjh ds :Ik esa lek;ksftr ugha gks tkrsA

ekuuh; loksZPp U;k;ky; us vihy Lohdkj dh vkSj fu.kZ; ds iz’rj

5 eas vo/kkfjr fd;k]

“5.We are unable to uphold the order of the High

Court. There were no sanctioned posts in existence

to which they could be said to have been appointed.

The assignment was an ad hoc one which

anticipatedly spent itself out. It is difficult to envisage

for them the status of workmen on the analogy of the

provision of 240 days’ work. The legal consequences

that flow from work for that duration under the

Industrial Disputes Act, 1947, are entirely different

1212

THE GAZETTE OF INDIA : APRIL 2, 2016/CHAITRA 13, 1938

[PART II—SEC. 3(ii)]

from what, by way of implication, is attributed to the

present situation by way of analogy. The completion

of 240 days, work does not, under that law import

the right to regularization. It merely imposes certain

obligation on the employer at the time of termination

of the service. It is not appropriate to import and

apply that analogy, in an extended or enlarged form

here.”

48- ekuuh; loksZPp U;k;ky; }kjk mä n`“VkUr dh O;oLFkk ls ;g Li”V gS

fd izR;FkhZx.k lh/ks vuqcU/k ij vihykFkhZ }kjk vfuf’pr vof/k ds fy,

fu;qä Fks fQj Hkh mudh lsok;sa mUgsa lsok esa okil fy;s tkus ds fy, i;kZIr

ugha ekuh x;h D;ksafd mudh fu;qfä oS/kkfud rjhds ls ugha dh x;h Fkh]

vr% orZeku ekeys esa mä fof/k O;oLFkk dks n`f”Vxr j[k izkFkhZ dks ;kfpr

vuqrks”k iznku ugha fd;k tk ldrk gSA bl n`“VkUr ls ;g Li”V gS fd izkFkhZ

dks fu;fer djus dk iz’u ugha mBrk gSA

49-

egsUnz ,y-tSu vkSj vU;&vihykFkhZx.k cuke bUnkSj MsoyiesaV

vFkkfjVh vkSj vU; &izR;FkhZx.k esa vihykFkhZx.k 1 o 2 flfoy bfUtfu;fjax

fMxzh /kkjd ,oa vihykFkhZx.k 3 ,oa 4 flfoy bfUtfu;fjax esa fMIyksekèkkjh

us bUnkSj MsoyiesUV vFkkfjVh esa lsokFkZ vkosnu bl vk/kkj ij izLrqr dh

fd vFkkfjVh esa fjDr in miyC/k gS ;|fi dksbZ foKkiu ugha fudkyk

x;k FkkA mDr vFkkfjVh us lu~ 1991 esa vihykFkhZx.k dks fu;qfDr nsdj

,d vksolht izkstsDV] **bUnkSj gSchVkV izkstsDV** esa lsokFkZ layXu dj

fn;kA fMxzh /kkjd ds fy, 63 :Ik;s vkSj fMIykek/kkjd ds fy, 52-50

:Ik;k nSfud etnwjh fu/kkZfjr dh x;hA yxHkx 17-3-97 dks ;k mDr

frfFk ds vklikl vihykFkhZx.k 1500 :Ik;k izfrekg ikfjJfed ikus yxs

vkSj mudh osru ls izkfoMs.M Q.M dh dVkSrh izkjEHk gks x;h vkSj mUgsa

vodk’k Hkh Lohd`r gksus yxkA fookn mBk fd vihykFkhZx.k dsoy mDr

izkstsDV ds fy, fu;qDr Fks ;k mudh fu;qfDRk vFkkfjVh }kjk vius dk;Z ds

fy, dh x;h FkhA vihykFkhZx.k us fookn mBk;k fd mudh lsok,a

fu;fer ugha dh tk jgh gS ftls fopkj.k gsrq Je U;k;ky;] bUnkSj dks

e/;izns’k ljdkj }kjk lqiqnZ fd;k x;kA Je U;k;ky; ds le{k fopkj.k

gsrq fuEu nks iz’u izsf”kr fd;s x;s %& 1- D;k lc bfUtfu;jksa dks fu;fer

u fd;k tkuk oS/k ,oa mfpr gS\ ;fn ugh arks os fdl vuqrks”k ds gdnkj

gS vkSj fu;ksDrk dks D;k funsZ’k fn;k tkuk pkfg,\ 2- D;k mDr lc

bfUtfu;jksa dks vU; lc bfUtfu;j dh rjg leku dk;Z ds fy, leku

osru u fn;k tkuk oS/k ,oa mfpr gS\ ;fn ugh arks os fdl vuqrks”k ds

gdnkj gS vkSj fu;ksDrk dks D;k funZs’k fn;k tkuk pkfg,\ Je U;k;ky;

us vihykFkhZx.k ds i{k esa vuqdwy ,okMZ ikfjr fd;k ftlls {kqC/k gksdj

bUnkSj MsoyiesUV vFkkfjVh us ekuuh; mPp U;k;ky; ds le{k ;kfpdk

izLrqr dh tks Lohdkj gqbZA vihykFkhZx.k us ekuuh; mPp U;k;ky; ds

fu.kZ; ds fo:) lokZsPp U;k;ky; ds le{k vihy izLrqr dh tks [kkfjt

gqbZA ¼2004½ 7 ,l-lh-lh i`“B &112] ,-mejkuh& vihykFkhZ cuke

jftLVªkj] dks vkWijsfVo lkslk;Vht vkSj vU; & izR;FkhZx.k lfgr vius

vusd iwoZ fu.kZ;ksa dk voyEc xzg.k djrs gq, ekuuh; lokZsPp U;k;ky;

us fu.kZ; ds izLrj 19 esa ;g vo/kkfjr fd;k gS] “19 The question,

therefore, which arises for consideration is as to whether

they could lay a valid claim for regularization of their

services. The answer thereto must be rendered in the

negative. Regularisation cannot be claimed as matter of

right. An illegal appointment cannot be legalized by taking

recourse to regularization. What can be regularized is an

irregularity and not an illegality. The constitutional scheme

which the country has adopted does not contemplate any

back-door appointment. A state before offering public

service to a person must comply with the constitutional

requirements of Articles 14 and 16 of the Constitution. All

actions of the state must conform to the constitutional

requirements. A daily-wager in the absence of a statutory

provision in this behalf would not be entitled to

regularization”.

Ekkuuh; loksZPp U;k;ky; }kjk iznRr mDr n`“VkUr esa nh x;h

fof/k O;oLFkk ds vuqlkj izn’kZ W@1 dks izkFkhZ dk fu;qfDr i= Hkh eku

fy;k tk; rks izkFkhZ dks ;kfpr vuqrks”k iznku ugha fd;k tk ldrk gS D;ksafd

izkFkhZ ds lUnHkZ esa laLFkku }kjk fu;qfDRk dh dHkh dksbZ izfdz;k ugha viuk;h

x;h vkSj bl ckr dk dksbZ tokc ugha gS fd fdl ekax@vkns’k ds

vuqikyu esa izkFkhZ us viuk ck;ks&MkVk izLrqr fd;k Fkk tSlk fd mldk

dFku gSA

50-

izkFkhZ ds lEcU/k esa egsUnz ,y-tSu vkSj vU;&vihykFkhZx.k cuke

bUnkSj MsoyiesaV vFkkfjVh vkSj vU; &izR;FkhZx.k] ek/;fed f’k{kk ifj”kn

mRrj izns’k cuke vfuy dqekj feJk ,oa vU;] pUnz’ks[kj vktkn d`f”k ,oa

izks|ksfxdh fo’ofo|ky; cuke ;wukbVsM VsªM~l dkaxzsl ,oa vU; rFkk mRrj

izns’k jkT; cuke uhjt voLFkh es ekuuh; loksZPp U;k;ky; }kjk nh xbZ

fof/k O;oLFkk iw.kZ :Ik ls ykxw gksrh gS ftlds vuqlkj voS/k rjhds ls dh

x;h fu;qfDr;ksa dks fu;fer ugha fd;k tk ldrkA izkFkhZ dh laLFkku }kjk

vius ;gka dksbZ oS/kkfud fu;qfDr ugha dh x;h gS vr% izkFkhZ dks lsok esa

okil fy;s tkus dk gd izkIr ugha gSA izkFkhZ dks ;g gd Hkh izkIr ugha gS

fd vxj mlds 240 fnu dh fu;fer lsok Hkh dj yh gS blfy;s mls foi{kh

fd lsok esa fu;fer deZpkjh ds :Ik esa j[kk tk; tSlk fd loksZPp U;k;ky;

us pUnz’ks[kj vktkn d`f”k ,oa izks|ksfxdh fo’ofo|ky; cuke ;wukbVsM VsªM~l

dkaxzsl ,oa vU; esa vo/kkfjr fd;k gSA

51-

tgkWa rd /kkjk 2 ¼,l½ esa jktLFkku ljdkj }kjk ¼fu;kstd½ dh

ifjHkk”kk esa la’kks/ku ds vk/kkj ij izkFkhZ dks foi{kh ds fu;kstu esa ekudj

lsok esa okil fy;s tkus dk iz’u gS bl lEcU/k esa mYys[kuh; gS fd Hkkjrh;

lafo/kku ds vuqPNsn 14 ,oWa 16 dh ea’kk ds vuq:Ik foi{kh }kjk fu;qfDr dh

fu;fer izfdz;k viukdj fdlh O;fDr dks fu;qDr fd;s tkus dh n’kk esa gh

mls fu;efrdj.k ds lUnHkZ esa foi{kh dks funsZ’k fn;s tkus ds fcUnq ij fdlh

U;k;ky; }kjk fopkj fd;k tkuk fof/kd :Ik ls laHko gSA izkFkhZ ds lUnHkZ esa

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vizSy 2] 2016@pS=k 13] 1938

1213

foi{kh }kjk dksbZ fu;qfDr izfdz;k viukdj lsok esa ugha j[kk x;k gS vr%

bl lUnHkZ esa izkFkhZ ds fo}ku izfrfuf/k dh cgl lkjghu gS fd izkFkhZ dks

foi{kh ds fu;kstu esa eku fy;k tk; vkSj mls ;kfpr vuqrks”k iznku fd;k

tk;A foi{kh dh rjQ ls lafonk deZpkjh;ksa ds lUnHkZ esa LVhy vWkFkksfjVh

vkWQ bf.M+;k fyfeVsM+ & vihykFkhZx.k cuke us’kuy ;wfu;u okWVj QzkUV

odZlZ ,oa vU; dk n‘“VkUr izLrqr fd;k x;k gS ftlesa fopkj.kkFkZ vU;

iz’uksa ds vfrfjDr eq[; iz’u ;g Fkk fd dkWUVªsDV yscj (Regulation

and abolition) ,DV 1970 ds vUrxZr **leqfpr ljdkj**(Appropriate

Government) }kjk Bsdsnkjksa ds ek/;e ls lsok nsus okys laohnkdfeZ;ksa ds

lafonk ij dk;Z djus ds mUewyu dh vf/klwpuk tkjh djus ds ckn D;k

lafonkdfeZ;ksa dks Lor% iz/kku fu;ksDrk ds laLFkku dh lsok esa fu;fer

deZpkjh ds :Ik esa dk;Zjr eku fy;k tk,xk\ ;g ekeyk lafonk ds vk/kkj

ij lsok ysus dh jhfr ds mUewyu ls lacaf/kr Fkk \ ftls orZeku ekeys ds

rF; ,oa ifjfLFkfr;ksa ls dksbZ lEcU/k ugha gS vkSj ugha mDr n‘“VkUr esa nh

xbZ fof/k O;oLFkk dk orZeku ekeys ij dksbZ vlj iM+uk gS D;ksafd orZeku

ekeys esa mDr vf/kfu;e dh /kkjk 10 ds vUrxZr fuxZr fdlh fu”ks/kkRed

vf/klwpuk ds iz’u ij fopkj ugha gksuk gSA vr% mDr n‘“VkUr ls orZeku

ekeys esa dksbZ enn ugha yh tk ldrhA

52-

tgkW rd /kkjk 25 th] /kkjk 25 ,p ,oa fu;e 77 ds mYya?ku dk

iz’u gS bl lUnHkZ esa mYys[kuh; gS fd izkFkhZ }kjk bl ckr dk dksbZ mYys[k

;kfpdk esa ugha fd;k x;k gS fd mls gVkrs le; mlls dfu”d fdl

deZpkjh dks lsok esa cuk;s j[kk x;kA bl ckr dk Hkh dksbZ mYys[k ugha

fd;k x;k gS fd izkFkhZ dks lsok ls gVk;s tkus ds ckn foi{k us fdlh vU;

O;fDr dks crkSj deZpkjh **izkstsDV bEiSDV** esa lafonk ij j[kk gSA tgkW rd

ofj”Brk lwph foi{k }kjk rS;kj u djus ls lEcfU/kr fu;e 77 ds mYya?ku

dk iz’u gS bl lUnHkZ esa mYys[kuh; gS fd izkFkhZ ln`’k deZpkfj;ksa ds lUnHkZ

esa ofj”Brk lwph rS;kj djus dh vis{kk foi{k ls ugha dh tk ldrh gSA bl

LkUnHkZ esa ekuuh; loksZPp U;k;ky; }kjk 2006 lqizhe dksVZ ¼,y-,.M ,l-½]

38] lqjsUnz uxj ftyk iapk;r & vihykFkhZ cuke ng~;kHkkbZ vej flag &

izR;FkhZ esa nh x;h fof/k O;oLFkk mYys[kuh; gS ftlesa ekuuh; loksZPp

U;k;ky; us fu.kZ; ds izLrj 18 esa ;g vo/kkfjr fd;k gS “……. As

regards non-compliance with section 25-G and 25-H suffice

it to say that witness vinod misra examined by the appellant

has stated that no seniority list was onaintained by the

department of daily-wagers. In the absence of regular

employment of the workmen, the appellant was not expected

to maintain seniority list of the employees engaged on

daily wages and in the absence of any proof by the

respondent regarding existence of the seniority list and his

so called seniority, no relief could be given to him for non-

compliance with provisions of the Act.”

53-

izkFkhZ ds fo}ku izfrfuf/k dh rjQ ls ;g cgl dh x;h gS fd izkFkhZ

ds lkFk foi{k }kjk vuqfpr Je O;ogkj fd;k x;k tks vkS|ksfxd fookn

vf/kfu;e dh /kkjk 2 ¼vkj-,-½ lifBr /kkjk 25 Vh o f’kM;wy 5 ds dzekad

10 dk mYya?ku gS ftldk foi{k }kjk izcy izfrokn fd;k x;k gS vkSj ;g

cgl fd izkFkhZ ds lkFk dksbZ vuqfpr Je O;ogkj ugha fd;k x;k gS vkSj

**izkstsDV bEiSDV** dh lekfIr ds ckn izkFkhZ dks vfLRkRo esa cus jgus dk

dksbZ vf/kdkj ugha Fkk D;ksafd izkstsDV dk vfLrRo gh lekIr gks pqdk Fkk

vkSj izkFkhZ dks dsoy **izkstsDV bEiSDV** ds fy, gh lafonk ij j[kk x;k FkkA

bl lUnHkZ esa 2013 ,y-,y-vkj- 899¼fnYyh mPp U;k;ky;½ esa nh x;h fofèk

O;oLFkk mYys[kuh; gS ftlesa ekuuh; mPp U;k;ky; us ;g vo/kkfjr fd;k

gS fd vkdfLed vFkok vLFkk;h deZpkfj;ksa dks dk;Z ij yxkuk /kkjk 2

¼vkj-,-½ lifBr /kkjk 25 Vh o f’kM;wy 5 dk mYya?ku ugha gSA

54-

mDr O;k[;k o fo’ys”k.k ds vk/kkj ij eS bl fu”d”kZ ij gWwa fd

izkFkhZ ds i{k esa izkFkhZ dks lsok esa okil fy;s tkus ds fy;s vkns’k ikfjr fd;s

tkus gsrq dksbZ fof/klaxr fLFkfr ugha curh gSA

55-

i{kdkjksa ds vfHkopuksa rFkk mlds leFkZu esa iznÙk izys[kh; ,oa

ekSf[kd lk{; ,oa i{kdkjksa }kjk izLrqr fof/kd n‘“VkUrksa fd mDr O;k[;k o

fo’ys”k.k ds vk/kkj ij eSa bl fu”d”kZ ij gWaw fd izkFkhZ ;g rF; fl) djus

esa vlQy gS fd /kkjk 25 ¼,Q½ vkS|ksfxd fookn vf/kfu;e ds izkfo/kku ds

mYya?ku esa mldh lsok lekIr dh x;h] izkFkhZ foi{kh dh lsok esa fu;fer

:Ik ls fu;qDr deZpkjh ugha Fks vkSj mudh lsok;sa foi{kh }kjk lafonk ds

vkèkkj ij vyx&vyx vof/k ds fy;s vyx&vyx vkns’kksa ds vk/kkj ij

yh tkrh jgh gS vkSj bl ekeys esa ekyoh; jk”Vªh; izks|ksfxd laLFkku]

t;iqj }kjk lafonk ij vk/kkfjr izkFkhZ dh lsok esa vkxs foLrkj u fd;k

tkuk rFkk fnukad 29-11-2003 ls izkFkhZ Jh jes’k lSuh iq= Jh Hkksjhyky lSuh]

ySc vVsa.MsaV dh lsok,as lekIr djuk fof/kd ,oa U;k;kuqer gSA izkFkhZ fdlh

vuqrks”k dks ikus dk gdnkj ugha gSA izkFkhZ dh ;kfpdk 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

56-

iapkV dh izfrfyfi dsUnzh; ljdkj dks vkS|ksfxd fookn vf/kfu;e

1947 dh /kkjk 17 ¼1½ ds vUrxZr izdk’kukFkZ izsf”kr dh tk;A

Hkjr ik.Ms;] ihBklhu vf/kdkjh

ubZ fnYyh] 28 ekpZ] 2016

dk-vk- 594-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

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

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

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

vfèkdj.k ,oa Je U;k;ky;] vgenkckn ds iapkV (lanHkZ

lhthvkbZVh, la- 214@2004) dks izdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 09-03-2016 dks izkIr gqvk FkkA

¹la- ,y&40012@20@99&vkbZvkj (Mh;w)º

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

1214

THE GAZETTE OF INDIA : APRIL 2, 2016/CHAITRA 13, 1938

[PART II—SEC. 3(ii)]

New Delhi, the 28th March, 2016

S.O. 594.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. CGITA No.

214/2004) of the Central Government Industrial Tribunal-

cum-Labour Court, Ahmedabad now as shown in the

Annexure in the Industrial Dispute between the employers

in relation to the management of the Post Office, Dhandhka

and their workman, which was received by the Central

Government on 09-03-2016.

[No. L-40012/20/99-IR (DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 15th February, 2016

Reference : (CGITA) No. 214/2004

Reference : (ITC) No. 138/1999

Post Master,

Station Road, Post Office,

Dhandhka, Dist,

Ahmedabad (Gujarat)

...First Party

Vs.

Their Workman

Smt. Ramanbhaben G. Mali,

Ambapura,

Botadara ni Sherim

Dhandhuka Distt.,

Ahmedabad(Gujarat)

...Second Party

For the First Party

: Shri P.M. Rami, Advocate

For the Second Party : Kum. Ashaben Gupta, Advocate

AWARD

The Government of India/Ministry of Labour, New

Delhi by reference adjudication Order No. L- 40012/20/99-

IR(DU) dated 21.07.1999 referred the dispute for

adjudication to the Industrial Tribunal, Ahmedabad

(Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

“Whether the action of the postal Department,

Dhandhuka is legal & justified in terminating the

services of Smt. Rambhaben Gandalal Mali, Water

woman? If not, to what relief the workman is

entitled?”

2.

This reference dates back to 21.07.1999. Both the

parties were served. Second party filed statement of claim

(Ext.5) on 22.10.1999. First party filed his written statement

(Ext.8) on 24.07.2000. Thereafter second party did not give

the evidence despite giving number of opportunities. Thus,

it appears that second party is not interested in the

proceedings of the reference. Therefore, Tribunal has no

option but to dismiss the reference in default of the second

party.

The reference is dismissed in default of the second

party.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 28 ekpZ] 2016

dk-vk- 595-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

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

VsyhdE;wfuds'ku] tkeuxj ds izcaèkra=k ds lac¼ fu;kstdksa vkSj

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

dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;] vgenkckn

ds iapkV (lanHkZ lhthvkbZVh, la- 1090@2004) dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 09-03-2016 dks izkIr gqvk FkkA

¹la- ,y&40012@55@97&vkbZvkj (Mh;w)º

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

New Delhi, the 28th March, 2016

S.O. 595.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (ID Ref. CGITA

No. 1090/2004) of the Central Government Industrial

Tribunal-cum-Labour Court, Ahmedabad now as shown

in the Annexure in the Industrial Dispute between the

employers in relation to the management of the Telecom

Department, Jamnagar and their workman, which was

received by the Central Government on 09-03-2016.

[No. L-40012/55/97-IR (DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 24th February, 2016

Reference : (CGITA) No. 1090/2004

Reference : (ITC) No. 20/1998

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vizSy 2] 2016@pS=k 13] 1938

1215

1.

The District Engineer Telecom,

Telecom Deptt.,

Jamnagar

2.

The Sub Divisional Officer,

Telegraph,

Telecom Deptt.,

Junagadh-362001

...First Party

Vs.

Their Workman,

Shri Nirmal Kumar

C/o. Saurastra Employees Union,

Umesh Commercial Complex,

Office No. 213 & 214, 2nd Floor,

Near Chaudhary High School,

Rajkot-360001

...Second Party

For the First Party

: Shri H.R. Raval, Advocate

For the Second Party : C/o. Saurastra Employees Union

AWARD

The Government of India/Ministry of Labour ,New

Delhi by reference adjudication Order No. L-40012/55/97-

IR(DU) dated 24.03.1998 referred the dispute for

adjudication to the Industrial Tribunal, Rajkot(Gujarat) in

respect of the matter specified in the Schedule:

SCHEDULE

“Whether the action of the manamgent of District

Engineer, Telecom Deptt., Jamnagar in terminating

the services of Sh. Nirmal Kumar is legal and

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

to?”

2.

This reference dates back to 24.03.1998. Second party

filed statement of claim (Ext.2) first party filed the written

statement on 08.01.2003. Second party has been absent

since last several dates and has also not led evidence

despite giving number of opportunities. Thus, it appears

that second party are not interested in the proceedings of

the reference. Therefore, Tribunal has no option but to

dismiss the reference in default of the second party

The reference is dismissed in default of the second

party.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 28 ekpZ] 2016

dk-vk- 596-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

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

VsyhdE;wfuds'ku] jktdksV ds izcaèkra=k ds lac¼ fu;kstdksa vkSj

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

dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;] vgenkckn

ds iapkV (lanHkZ lhthvkbZVh, la- 1130@2004) dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 09-03-2016 dks izkIr gqvk FkkA

¹la- ,y&40011@9@95&vkbZvkj (Mh;w)º

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

New Delhi, the 28th March, 2016

S.O. 596.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (ID Ref. CGITA

No. 1130/2004) of the Central Government Industrial

Tribunal-cum-Labour Court, Ahmedabad now as shown

in the Annexure in the Industrial Dispute between the

employers in relation to the management of the Telecom

Department, Rajkot and their workmen, which was received

by the Central Government on 09-03-2016.

[No. L-40011/9/95-IR (DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 18th February, 2016

Reference : (CGITA) No. 1130/2004

Reference : (ITC) No. 37/1998

1. The General Manager,

Telecom District,

Amruta Estate,

Near Girnar Cinema,

Rajkot-360001

...First Party

Vs.

Their Workman

Through the President,

Saurastra Employees Union,

‘Baba Ama’10/5, Junction Plot,

Swami Tahiliaram Marg,

Rajkot-360001

...Second Party

For the First Party

: Shri H.R. Raval, Advocate

For the Second Party : Shri Anand Gogia, Advocate

AWARD

The Government of India/Ministry of Labour ,New

Delhi by reference adjudication Order No. L- 40011/9/95-

IR(DU) dated 13.05.1998 referred the dispute for

adjudication to the Industrial Tribunal, Rajkot (Gujarat) in

respect of the matter specified in the Schedule:

SCHEDULE

“Whether the action of the management of general

Manager, Telecom District, Rajkot in terminating the

services of Shri Ramesh Kanjibhai Dabhi w.e.f. 1.6.85

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

workman is entitled to?”

1216

THE GAZETTE OF INDIA : APRIL 2, 2016/CHAITRA 13, 1938

[PART II—SEC. 3(ii)]

2.

This reference dates back to 13.05.1998. Second party

has moved an application (Ext.23) along with the death

certificate indicating that the second party has expired on

01.11.2007 and the father of the second party has instructed

to not press the case. Hence, Tribunal has no option but

to dismiss the reference.

The reference is dismissed.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 29 ekpZ] 2016

dk-vk- 597-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

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

bysDVªkWfuDl iSQDVªh] nsgjknwu ds izcaèkra=k ds lac¼ fu;kstdksa vkSj

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

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

ds iapkV (lanHkZ la- 12@2015) dks izdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 18-02-2016 dks izkIr gqvk FkkA

¹la- ,y&14012@29@2014&vkbZvkj (Mh;w)º

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

New Delhi, the 29th March, 2016

S.O. 597.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (ID No. 12/2015)

of the Central Government Industrial Tribunal-cum-Labour

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

Industrial Dispute between the employers in relation to the

management of the Opto Electronics Factory, Dehradun

and their workman, which was received by the Central

Government on 28-02-2016.

[No. L-14012/29/2014-IR (DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II, DELHI

Present:- Shri Harbansh Kumar Saxena

ID. No. 12/2015

Sh. Devender S/o Late Sh. Satender Singh,

R/o 5/117, Chander Road,

Nai Basti (Rajesh Colony),

PO-Dalanwala,

Dehradun-248001.

VERSUS

The General Manager,

Opto Electronics Factory,

Raipur Road,

Dehradun-492001.

No DISPUTE AWARD

The Central Government in the Ministry of Labour

vide Letter No.L- 14012/29/2014 (IR(DU)) dated 30.12.2014

referred the following Industrial Dispute to this Tribunal

for adjudication :-

“Whether Shri Devender’s case holds merit for

consideration for appointment on compassionate

ground being the earliest case among the equal

three? If so, the management of OEF, Dehradun,

should process accordingly in a fixed time period.

On 11.03.2015 reference was received in this tribunal.

Which was register as I.D No. 12/2015 and claimant was

called upon to file claim statement with in fifteen days

from date of service of notice. Which was required to be

accompanied with relevant documents and list of

witnesses.

Several opportunities given to workman as well as

management but neither workman nor management filed

claim statement / Response to the reference.

In this background there is no option to this tribunal

except to pass No Dispute Award because parties are not

interested to file their respective pleadings.

On the basis of which none of the party can be

directed to adduce its evidence. As it is case of no

pleadings and evidence of claimant. So No dispute Award

is liable to be passed.

No Dispute Award is accordingly passed.

Dated:-08/02/2016

HARBANSH KUMAR SAXENA, Presiding Officer

ubZ fnYyh] 29 ekpZ] 2016

dk-vk- 598-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

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

bUlqys'ku izkbosV fyfeVsM ,aM vnlZ ds izcaèkra=k ds lac¼ fu;kstdksa

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

dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;] dksydkrk

ds iapkV (lanHkZ vkbZMh la- 31@2015) dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 28-03-2016 dks izkIr gqvk FkkA

¹la- ,y&40011@16@2015&vkbZvkj (Mh;w)º

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

New Delhi, the 29th March, 2016

S.O. 598.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (ID Ref. No. 31/

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

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vizSy 2] 2016@pS=k 13] 1938

1217

the management of the M/s. Soltek Insolation Pvt. Ltd. and

Others and their workman, which was received by the

Central Government on 28.03.2016.

[No. L-40011/16/2015-IR (DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

AT KOLKATA

Reference No. 31 of 2015

Parties :

Employers in relation to the management of

M/s. Soltek Insolation Pvt. Ltd.

A N D

Their workmen

Present :

Justice Dipak Saha Ray, Presiding Officer

Appearance :

On behalf of the

:

Mr. C.K. Chandra, Ld. Counsel

Management

with Mr. S. Bhattacharya

Ld. Counsel for both M/s. Soltek

Insolation Pvt. Ltd. and

M/s. Environ Energy Corp India

Pvt. Ltd.

None for M/s. VIOM Networks

Limited.

On behalf of the

:

None

Workmen

State: West Bengal

Industry: Telecommunication

Dated: 8th March, 2016

AWARD

By Order No.L-40011/16/2015-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. Environ Energy Corp. India Pvt. Ltd., contractor

of M/s. VIOM Networks Limited by terminating the

services of Shri Budhadev Kundu and Sri Niranjan

Pandit is justified or not? If not, what relief the

workmen are entitled?”

2.

When the case is taken up for hearing today, none

appears on behalf of the union, though the managements

viz. M/s. Soltek Insolation Pvt. Ltd. and M/s. Environ

Energy Corp India Pvt. Ltd. are represented by their

respective Ld. Counsel. It appears from the record that

none also appeared on behalf of the union for the last

three dates. In fact the union at whose instance the present

reference case has been initiated, has never turned up

before this Tribunal since the initiation of this reference.

3.

From such conduct of the union it may reasonably

be presumed that the union is not at all interested about

this case. So, no fruitful purpose will be served in keeping

the matter pending.

4.

In view of the above facts and circumstances,

present reference is disposed of by passing a “No Dispute

Award”.

Dated, Kolkata,

The 8th March, 2016

Justice DIPAK SAHA RAY, Presiding Officer

ubZ fnYyh] 29 ekpZ] 2016

dk-vk- 599-—deZpkjh jkT; chek vf/fu;e] 1948 (1948

dk 34) dh /kjk 1 dh mi&/kjk (3) }kjk iznRr 'kfDr;ksa dk

iz;ksx djrs gq,] dsUnzh; ljdkj ,rn~}kjk 1 vizSy] 2016 dks ml

rkjh[k ds :i esa fu;r djrh gS] ftldks mDr vf/fu;e ds

vè;k; 4 (44 o 45 /kjk ds flok; tks igys ls izo`Ùk gks pqdh gS)

vè;k; 5 vkSj 6 ¹/kjk 76 dh mi&/kjk (1) vkSj /kjk 77] 78]

79 vkSj 81 ds flok; tks igys gh izo`Ùk dh tk pqdh gSaº ds micaèk

fgekpy izns'k jkT; ds fuEufyf[kr {ks=kksa esa izo`Ùk gksaxs] vFkkZr~ %—

Øe jktLo xzke dk

gncLr

rglhy@

ftyk

la-

uke@{ks=k

la[;k@gkscyh

rkyqd

1-

pkfe;ka

4

dlkSyh

lksyu

2-

dlkSyh

99

dlkSyh

lksyu

3-

e'kkscjk

158

dlkSyh

lksyu

4-

dhew ?kkV

154

dlkSyh

lksyu

5-

dlkSyh (Nkouh)

395

dlkSyh

lksyu

6-

luokjk

396] 104] 106

dlkSyh

lksyu

7-

eaxksVh

105

dlkSyh

lksyu

8-

e.Mks ekjd.Mk

107

dlkSyh

lksyu

9-

pCcy

715

dlkSyh

lksyu

10-

'kyksjk [kqnZ

956

dlkSyh

lksyu

11-

NksfV;ka

157

dlkSyh

lksyu

12-

xM+[ky

713

dlkSyh

lksyu

¹la- ,l&38013@17@2016&,l-,l- Iº

vt; efyd] voj lfpo

New Delhi, the 29th March, 2016

S.O. 599.—In exercise of the powers conferred by

sub-section (3) of Section 1 of the Employees’ State

1218

THE GAZETTE OF INDIA : APRIL 2, 2016/CHAITRA 13, 1938

[PART II—SEC. 3(ii)]

Insurance Act, 1948 (34 of 1948) the Central Government

hereby appoints the 1st April 2016 as the date on which

the provisions of Chapter IV (except Sections 44 and 45

which have already been brought into force) and Chapter-

V and VI [except sub-section (1) of Section 76 and Sections

77, 78, 79 and 81 which have already been brought into

force] of the said Act shall come into force in the following

areas in the State of Himachal Pradesh namely :—

Sl.

Name of the

Had Bast

Tehsil

District

No. Villages/Area*

No./Hobli*

1.

Chamiya

4

Kasauli

Solan

2.

Kasauli

99

Kasauli

Solan

3.

Mashobra

158

Kasauli

Solan

4.

Kimu Ghat

154

Kasauli

Solan

5.

Kasauli (Cantt.)

395

Kasauli

Solan

6.

Sanwara

396, 104, 106

Kasauli

Solan

7.

Mangoti

105

Kasauli

Solan

8.

Mando Markanda

107

Kasauli

Solan

9.

Chabbal

715

Kasauli

Solan

10.

Shalora Khurd

956

Kasauli

Solan

11.

Chotiyan

157

Kasauli

Solan

12.

Garkhal

713

Kasauli

Solan

[No. S-38013/17/2016-S.S. I]

AJAY MALIK, Under Secy.

ubZ fnYyh] 29 ekpZ] 2016

dk-vk- 600-—deZpkjh jkT; chek vf/fu;e] 1948 (1948

dk 34) dh /kjk 1 dh mi&/kjk (3) }kjk iznRr 'kfDr;ksa dk

iz;ksx djrs gq,] dsUnzh; ljdkj ,rn~}kjk 1 vizSy] 2016 dks ml

rkjh[k ds :i esa fu;r djrh gS] ftldks mDr vf/fu;e ds

vè;k; 4 (44 o 45 /kjk ds flok; tks igys ls izo`Ùk gks pqdh gS)

vè;k; 5 vkSj 6 ¹/kjk 76 dh mi&/kjk (1) vkSj /kjk 77] 78]

79 vkSj 81 ds flok; tks igys gh izo`Ùk dh tk pqdh gSaº ds micaèk

if'pe caxky jkT; ds fuEufyf[kr {ks=kksa esa izo`Ùk gksaxs] vFkkZr~ %—

Øe jktLo {ks=k@

ts-,y-

uxjikfydk@

ftys ds

la-

ekStk ds uke

la[;k

xzke iapk;r

uke

1-

[kxjkckjh

89

[kxjkckjh

dwpfcgkj

xzke iapk;r

2-

cS'kxqjh

105

pkdpkdk

dwpfcgkj

xzke iapk;r

3-

dksukekYyh

160

pkdpkdk

dwpfcgkj

is'krkj>kj

xzke iapk;r

4-

pkdpkdk

107

pkdpkdk

dwpfcgkj

xzke iapk;r

5-

,;jiksVZ

125

dwpfcgkj

dwpfcgkj

uxj ikfydk

6-

U;w Vkmu

106

dwpfcgkj

dwpfcgkj

uxj ikfydk

7-

lgj dwpfcgkj

130

dwpfcgkj

dwpfcgkj

uxj ikfydk

¹la- ,l&38013@18@2016&,l-,l- Iº

vt; efyd] voj lfpo

New Delhi, the 29th March, 2016

S.O. 600.—In exercise of the powers conferred by

sub-section (3) of Section 1 of the Employees’ State

Insurance Act, 1948 (34 of 1948) the Central Government

hereby appoints the 1st April 2016 as the date on which

the provisions of Chapter IV (except Sections 44 and 45

which have already been brought into force) and Chapter-

V and VI [except sub-section (1) of Section 76 and Sections

77, 78, 79 and 81 which have already been brought into

force] of the said Act shall come into force in the following

areas in the State of West Bengal namely :—

Sl.

Name of Revenue

J.L.

Name of

Name of

No. Area/Mouza

No.

Municipality/

District

Panchayat

1.

Khgrabari

89

Khgrabari Gram

Coochbehar

Panchayat

2.

Baishguri

105

Chakchaka Gram

Coochbehar

Panchayat

3.

Konamalli

106

Chakchaka Gram

Coochbehar

Pestarjhar

Panchayat

4.

Chakchaka

107

Chakchaka Gram

Coochbehar

Panchayat

5.

Airport

125

Coochbehar

Coochbehar

Municipality

6.

New Town

126

Coochbehar

Coochbehar

Municipality

7.

Sahar Coochbehar

130

Coochbehar

Coochbehar

Municipality

[No. S-38013/18/2016-S.S. I]

AJAY MALIK, Under Secy.

ubZ fnYyh] 29 ekpZ] 2016

dk-vk- 601-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ bZ-,l-

vkbZ- vLirky vkSj nwljs 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] ubZ

fnYyh ds iapkV (lanHkZ la[;k 33@2014) dks çdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 23-03-2016 dks çkIr gqvk FkkA

¹la- ,y&15011@3@2013&vkbZvkj (,e)º

uohu diwj] voj lfpo

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vizSy 2] 2016@pS=k 13] 1938

1219

New Delhi, the 29th March, 2016

S.O. 601.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 33/2014)

of the Central Government Industrial Tribunal/Labour

Court-1, New Delhi now as shown in the Annexure in the

Industrial Dispute between the employers in relation to

the management of M/s. ESI Hospital and Other and their

workman, which was received by the Central Government

on 23-03-2016.

[No. L-15011/3/2013-IR(M)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

IN THE COURT OF SHRI AVTAR CHAND

DOGRA, PRESIDING OFFICER, CENTRAL

GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-

LABOUR COURT NO.1, DELHI

ID No. 33/2014

Smt. Allah Piari, through

The General Secretary,

Rashtriya Rajdhani Shetra Engg. &

General Mazdoor Union,

C-139, Karampura,

New Delhi

...Workman

Versus

1. The Manager,

M/s. ESI Hospital,

Sector 15, Rohini,

New Delhi 110 085

2. The Manager,

M/s. Vishakha Enterprises,

30/42, Street No.8, Main Road,

Opposite Andhra Bank, Vishwas Nagar,

Shahdara,

Delhi 110 015

...Managements

AWARD

Central Government, vide letter No.L-15011/3/2013-

IR(M) dated 18.02.2014, referred the following industrial

dispute to this Tribunal for adjudication:

“Whether the action of the management of M/s.

Vishakha Enterprises in terminating the services of

Smt. Allah Piari, W/o late Shri Murari, Ex. House

Keeper with effect from 13.01.2013, is justified or

not? If not, what relief will be given to the workman

and from which date?

2.

Claim statement was filed by the workman and written

statements were filed by both the managements and

rejoinder was filed on behalf of the workman. Thereafter,

the case was listed admission/denial of documents and to

ascertain the real nature of controversy between the

parties. However, despite affording various opportunities

to the workman, neither the workman nor any authorized

representative on his behalf appeared before the Tribunal

so as to pursue his case. Thus, it is clear that the workman

is not interested in adjudication of the reference on merits.

3.

Since the workman has neither put in his appearance

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

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

no choice, except to pass a ‘No Dispute/Claim’ award. Let

this award be sent to the appropriate Government, as

required under Section 17 of the Industrial Disputes Act,

1947, for publication.

Dated: March 16, 2016

A. C. DOGRA, Presiding Officer

ubZ fnYyh] 29 ekpZ] 2016

dk-vk- 602-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

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

l£olst izk- fyfeVsM 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] ubZ fnYyh ds

iapkV (lanHkZ la[;k 88@2015) dks çdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 23-03-2016 dks çkIr gqvk FkkA

¹la- ,y&11011@6@2014&vkbZvkj (,e)º

uohu diwj] voj lfpo

New Delhi, the 29th March, 2016

S.O. 602.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 88/2015)

of the Central Government Industrial Tribunal/Labour

Court-1, New Delhi now as shown in the Annexure in the

Industrial Dispute between the employers in relation to

the management of M/s. Impression Services Pvt. Ltd.

and their workman, which was received by the Central

Government on 23-03-2016.

[No. L-11011/6/2014-IR(M)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

IN THE COURT OF SHRI AVTAR CHAND

DOGRA, PRESIDING OFFICER, CENTRAL

GOVERNMENT INDUSTRIAL TRIBUNAL CUM

LABOUR COURT NO.1, DELHI

ID No. 88/2015

Shri Dinesh & 9 others, through

The General Secretary,

Hindustan Engineering &

General Mazdoor Union,

A-193, Karampur,

New Delhi 110 015

...Workman

1220

THE GAZETTE OF INDIA : APRIL 2, 2016/CHAITRA 13, 1938

[PART II—SEC. 3(ii)]

Versus

The Manager,

M/s Impression Services Pvt. Ltd,.

Terminal 3, Indira Gandhi

International Airport,

New Delhi

...Management

AWARD

A reference was received from Government of India,

Ministry of Labour vide order No.L-11011/6/2014-IR(M)

dated 18.02.2015 with the following terms:

“Whether the action of the management of M/s

Impression Services Pvt. Ltd. in not paying

subsistence allowance to ten suspended workmen

namely, S/Shri Dinesh, Mukesh, Saroj, Asaf Ali, M.D.

Chunna, Vikram, Subhajas, Rakesh, Smt.Bharati and

Smt. Shiksha with effect from 29.01.2014 for not

reporting at a place other than the place of work

every day is legal and justified? If not, what relief

are the workmen entitled to?”

2.

Both parties were put to notice and claimants herein

filed statement of claim wherein it is averred that they

have been working and doing the job of house keeping

with the management, details of which are given in para 1

of the statement of claim. Workmen have been performing

their duties sincerely ;and diligently. On 29.01.2014

management intentionally with a view to get rid of the

workmen refused to mark their presence at the place of

their duties. Workmen, S/Shri Mukesh, Dinesh and Vikram

were served with show cause notice on 02.06.2014 and

they have submitted reply to the said notice on 21.06.2014.

It is clear from the said notice that the workmen have

been placed wrongly under suspension. Thereafter, they

were not allowed to mark their attendance at the gate of

the office after 29.06.2014. Workmen were also not given

any subsistence allowance of 50% as required under the

law. Management was asking the working to mark their

presence sometimes at Gurgaon and sometimes at Kirti

Nagar whereas the place of duty of the workmen herein

was at Terminal No.3, Indira Gandhi International Airport.

Thus, all the 10 workmen were not allowed to mark their

presence at the gate of Terminal No.3 nor have been paid

any kind of subsistence allowance till date.

3.

Workmen on 08.10.2014 demanded subsistence

allowance for the period for which they were placed under

suspension and thereafter approached the Assistant

Labour commissioner for redressal of their grievances.

Management had filed reply with the Assistant Labour

commissioner. However matter could not be resolved as a

result of which the above reference was made by the

Central Government to this Tribunal. Management did

not put in their appearance despite notice. As such, they

were proceeded ex-parte vide order dated 08.07.2015. Even

thereafter nobody has appeared on behalf of the

management.

4.

Workmen in order to prove their case against the

management examined Shri Mukesh as WW1, who has

tendered his affidavit Ex.WW1/A, which is on similar lines

as the averments contained in the statement of claim.

Workman has also tendered in evidence documents/letters

Ex.WW1/1 to Ex.WW1/10.

5.

I have heard Shri Kailash Kumar, authorized for the

claimant.

6.

It is clear from the evidence from demand letter

Ex.WW1/1 that the workmen were working at Terminal

No.3 of the Airport with the management. Demand letter

further shows that when the workmen impressed upon

the management to make them regular, then the

management in a calculated manner after 29.06.2014 refused

to allow the workmen to mark their attendance. There is

another letter Ex.WW1/3 wherein reference of letter dated

16.04.2014 is made and name of the workmen herein also

find mention in the said letter . From para 3 of the said

letter, it is clear that there is reference to payment of

subsistence allowance. However, the workmen were not

given any allowance as they did not obey order of the

management. There is also reference to letter dated

24.03.2014 and it is clear from overall examination of this

letter that the same was written by the General Manager

for Impression Services Ltd. to the Assistant Labour

Commissioner when the workmen had taken the matter

for adjudication with the Government. Letter Ex.W1/4 is

written by the workmen herein which shows that the

management was not allowing the workmen herein to mark

their attendance on 29.06.2014. Workman has also

tendered in evidence the demand put forth by the union

vide Ex.WW1/5 dated 22.03.2014 regarding non payment

of subsistence allowance and refusal by the management

to mark attendance of the workmen. There is another letter

Ex.WW1/10 by the General Secretary of the Union to

Regional Labour Commissioner which shows that the

workmen have been wrongly ordered to join office at

different places and the same amounts to varying

conditions of service. Letter Ex.WW1/11 shows that efforts

were made by the Assistant Labour Commissioner,

Government of India for resolution of the dispute.

However, success in the same could not be achieved as a

result of which matter was referred in the manner stated

above to this Tribunal for adjudication.

7.

It is apparent from the pleadings as well as

documents on record that the workmen herein were

deployed on duty at Terminal 3 of Indira Gandhi

International Airport and were doing service under the

management as house keeping staff. Workmen have also

filed photocopy of Identity Cards, which also supplements

their ase. Reference question also shows that the

workmen were in employment of the management, M/s.

impression Services Pvt. Ltd. to whom work of outsourcing

appears to have been given by Airport Authority of India

and were doing the work of house keeping since long.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vizSy 2] 2016@pS=k 13] 1938

1221

8.

It is further clear from the record that after 29.06.2014,

the workmen were not allowed to mark their presence at

the original place of work and this has also resulted in

suspension of the workmen. Now, the vital question which

requires adjudication is whether the workmen are entitled

for subsistence allowance after their suspension. During

the course of arguments, the learned authorized

representative for the workmen invited attention of the

Court to the Industrial Employment (Standing Orders) Act,

1946. Section 10(a) of the said Act reads as under:

10-A. Payment of subsistence allowance.

(1) Where any workman is suspended by the

employer pending investigation or inquiry into

complaints or charges of misconduct against him,

the employer shall pay to such workman subsistence

allowance-

(a)

at the rate of fifty per cent of the wages which

workman was entitled to immediately

preceding the date of such suspension, for

the first ninety days of suspension; and

(b)

at the rate of seventy-five per cent of such

wages for the remaining period of suspension

if the delay in the completion of disciplinary

proceedings against such workman is not

directly attributable to the conduct of such

workman.

(2) If any dispute arises regarding the subsistence

allowance payable to a workman under sub-section

(1), the workman or the employer concerned may

refer the dispute to the Labour Court, constituted

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

within the local limits of whose jurisdiction the

industrial establishment wherein such workman is

employed is situate and the Labour Court to which

the dispute is so referred shall, after giving the parties

an opportunity of being heard, decide the dispute

and such decision shall be final and binding on the

parties.

(3) Not withstanding anything contained in the

foregoing provisions of this section, where

provisions relating to payment of subsistence

allowance under any other law for the time being in

force in any State are more beneficial than the

provisions of this section, the provisions of such

other law shall be applicable to the payment of

subsistence allowance in that State.

9.

Thus, it is clear from bare perusal of the

aforementioned provisions, that the workmen are entitled

for grant of subsistence allowance during the period of

their suspension. Even under the general law, an employee

is entitled for subsistence allowance during the period of

his suspension. There is nothing on record to suggest

that any subsistence allowance has been to the workmen

herein nor the management has filed any documents to

show whether the workmen herein were ordered to mark

their attendance at different places, i.e Gurgaon, Kirti Nagar

etc. Since the management has not filed any reply nor

adduced any evidence in response to the reference made

by the Central Government, as such, this Tribunal is left

with only the evidence of the workmen. There long list

of decisions that in case subsistence allowance is not

paid to a workman, in that eventuality, order of

suspension itself becomes malafide and the employee is

entitled to be reinstated. In the present case, there is no

order of suspension on the record so as to show under

what circumstances the workmen herein were placed under

suspension. Accordingly, it is held that the workmen

herein are entitled for grant of subsistence allowance in

terms of provisions of Section 10(A)of the Industrial

Employment (Standing Orders) Act, 1946. As a necessary

corollary, it is also held that workman shall be deemed to

be in service and would be entitled to back-wages from

the date of their suspension till date as the workman herein

remained unemployed during the period. 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 16, 2016

A. C. DOGRA, Presiding Officer

ubZ fnYyh] 29 ekpZ] 2016

dk-vk- 603-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

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

LVsV ekbUl ,.M feujYl fyfeVsM 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;] t;iqj ds

iapkV (lanHkZ la[;k 41@2015) dks çdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 23-03-2016 dks çkIr gqvk FkkA

¹la- ,y&29012@9@2015&vkbZvkj (,e)º

uohu diwj] voj lfpo

New Delhi, the 29th March, 2016

S.O. 603.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 41/2015)

of the Central Government Industrial Tribunal/Labour

Court, Jaipur now as shown in the Annexure in the

Industrial Dispute between the employers in relation to

the management of M/s. Rajasthan State Mines and

Minerals Ltd. and their workman, which was received by

the Central Government on 23-03-2016.

[No. L-29012/9/2015-IR(M)]

NAVEEN KAPOOR, Under Secy.

1222

THE GAZETTE OF INDIA : APRIL 2, 2016/CHAITRA 13, 1938

[PART II—SEC. 3(ii)]

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-

CUM-LABOUR COURT, JAIPUR

BHARAT PANDEY, Presiding Officer

I.D. 41/2015

Reference No.L-29012/9/2015-IR(M) dated: 10.4.2015

Shri Omkar

S/o Sh. Bhaggaji Gameti

Kharbaria Tehsil Girva

Distt. Udaipur

Udaipur

V/s

The General Manager

Rajasthan state Mines and Minerals Ltd.

Jhamarkotda, HO 4 Mira Marg,

Udaipur

AWARD

22.1.2016

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:-

“Whether the action of the management of M/s.

Rajasthan state Mines & Minerals Ltd., Udaipur

(Raj.) in terminating the services of Shri Omkar S/o

Sh. Bhaggaji Gameti w.e.f. 30.6.2012 is legal and

justified? If not, what relief the concerned workman

is entitled for?”

2.

Pursuant to the receipt of the reference order,

registered notices were issued to the parties as per the

order of the tribunal fixing 17.9.2015 for filing statement of

claim. On 17.9.2015 applicant was absent, Sh. Ripan

Sandhu, Officer in-charge was present for & on behalf of

opposite party. Notice sent to the applicant was served

against him & acknowledgement attached to the notice

was back & the same is available on record of the file. In

the interest of justice the case was adjourned & 7.12.2015

was fixed for filing statement of claim.

3.

On 7.12.2015 both the parties were absent. In the

interest of justice case was again adjourned providing

opportunity to the applicant for filing statement of claim.

Next date 24.12.2015 was fixed for filing claim. After order

Sh. Anil Sharma appeared for opposite party but authority

of opposite party was not filed by him.

4.

24.12.2015 & 25.12.2015 was a public holiday &

26.12.2015 & 27.12.2015 was Saturday & Sunday, hence,

file was taken up on 28.12.2015. On 28.12.2015 both the

parties were absent & presiding officer was on leave. Next

date 18.1.2016 was fixed again for filing statement of claim

by applicant.

5.

On 18.1.2016 both the parties were absent. From

perusal of file it appeared that applicant was served on

9.9.2015 but till 18.1.2016 none appeared from his side to

file statement of claim. Looking into the fact that applicant

is not taking any interest in filing statement of claim despite

several opportunities provided to him, further opportunity

for filing statement of claim was closed & case was

reserved for award.

6.

It is pertinent to note that reference order dated

10.4.2015 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 material evidence brought on record,

tribunal is unable to record the finding on the issues

referred to it on merit. Accordingly, “No Claim Award” is

passed in this matter. The reference under adjudication is

answered accordingly.

7.

Award as above.

BHARAT PANDEY, Presiding Officer

ubZ fnYyh] 29 ekpZ] 2016

dk-vk- 604-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ vks-,u-

th-lh- fyfeVsM vkSj nwljksa 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;] vgenkckn

ds iapkV (lanHkZ la[;k 33@2007) dks çdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 23-03-2016 dks çkIr gqvk FkkA

¹la- ,y&30012@65@2006&vkbZvkj (,e)º

uohu diwj] voj lfpo

New Delhi, the 29th March, 2016

S.O. 604.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 33/2007)

of the Central Government Industrial Tribunal/Labour

Court, Ahmedabad now as shown in the Annexure in the

Industrial Dispute between the employers in relation to

the management of M/s. O.N.G.C. Ltd. and Others and

their workman, which was received by the Central

Government on 23-03-2016.

[No. L-30012/65/2006-IR(M)]

NAVEEN KAPOOR, Under Secy.

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vizSy 2] 2016@pS=k 13] 1938

1223

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 23th February, 2016

Reference : (CGITA) No. 33/2007

1.

The Asset Manager,

ONGC Ltd.,

Ankleshwar Project,

(Gujarat)

2.

M/s Nirmal construction,

73, Virat Nagar Society,

Ankleshwar

3.

M/s Techno Fab,

T-14, Nirant Nagar,

Bor Bhata Road,

Ankleshwar-393001

...First Party

Vs.

Their workmen

Through the General Secretary,

Akhil Gujarat Kamdar Hithvardhak Union,

Bhaktinagar Socirety, Maktampur,

Bharuch

...Second Party

For the First Party

:

Shri K.V. Gadhia, Advocate

For the Second Party

:

C/o. Akhil Gujarat Kamdar

Hitvardhak Union

AWARD

The Government of India/Ministry of Labour ,New

Delhi by reference adjudication Order No. L-30012/65/2006-

IR(M) dated 08.03.2007 referred the dispute for

adjudication to the Industrial Tribunal, Ahmedabad

(Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

“Whether the action of M/s Techno Fab,

Ankleshwar, Contractor of ONGC Ltd., Ankleshwar

in terminating the services of Smt. Sumitraben

Bhikhabhai Somiya w.e.f. 1/11/2005 is legal, proper

and just? If not, to what relief the concerned

workman is entitled to?”

2.

This reference dates back to 08.03.2007. Both the

parties are served. First party also field the Vakalatanam

(Ext.4) of their advocate. But despite service on the second

party neither turn up for filing the statement of claim nor

put in his appearance. Thus, it appears that second party

has no inclination or willingness to proceed with the

reference. Thus, the Tribunal has no option but to dismiss

the reference in default of the second party.

The reference is dismissed in default of the second

party.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 29 ekpZ] 2016

dk-vk- 605-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ vks-,u-

th-lh- fyfeVsM vkSj nwljksa 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;] vgenkckn

ds iapkV (lanHkZ la[;k 94@2007) dks çdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 23-03-2016 dks çkIr gqvk FkkA

¹la- ,y&30012@14@2007&vkbZvkj (,e)º

uohu diwj] voj lfpo

New Delhi, the 29th March, 2016

S.O. 605.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 94/2007)

of the Central Government Industrial Tribunal/Labour

Court, Ahmedabad now as shown in the Annexure in the

Industrial Dispute between the employers in relation to

the management of M/s. O.N.G.C. Ltd. and Others and

their workman, which was received by the Central

Government on 23-03-2016.

[No. L-30012/14/2007-IR(M)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 24th February, 2016

Reference : (CGITA) No. 94/2007

1.

M/s Industrial Security Services,

2, Saraswati Society,

Near Cruth Sobha Furniture,

D-cabin, Sabarmati,

Ahmedabad (Gujarat)- 380001

2.

The Insttitutre of Reservoir Studies,

ONGC Ltd.,

Avani Bhavan,

1224

THE GAZETTE OF INDIA : APRIL 2, 2016/CHAITRA 13, 1938

[PART II—SEC. 3(ii)]

Chandkheda,

Ahmedabad (Gujarat)-

3.

The G.G.M.,

ONGC Ltd.,

6th Floor, Avani Bhavan,

Chandkheda,

Ahmedabad (Gujarat)

...First Party

Vs.

Their Workman,

Sh. Savabhai MeghabhaiWagela

Nayaka Tampe, Managevpura,

Taluka Kheda,

Post Nayala-50

...Second Party

For the First Party

: Shri K.V. Gadhia, Advocate

For the Second Party

: Shri D.D. Pandya, Advocate

AWARD

The Government of India/Ministry of Labour ,New

Delhi by reference adjudication Order No. L-30012/14/2007-

IR(M) dated 25.09.2007 referred the dispute for

adjudication to the Industrial Tribunal, Ahmedabad

(Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

“Whether the action of the management of ONGC in

terminating the service of Shri Savabhai Meghabhai

Waghela effect from 04/10/2003 without following

the provisions of section 25F and 25G of the

Industrial Disputes Act, 1947 is legal and justified?

If not, what relief the workman is entitled to and to

what extend?”

2.

This reference dates back to 25.09.2007. Second party

submitted statement of claim (Ext.15) on 05.02.2009 and

first party submitted written statement (Ext.17) on

05.03.2010.

3.

Second party has been absent since last several

dates and has also not led evidence despite giving number

of opportunities. Thus, it appears that second party are

not interested in the proceedings of the reference.

Therefore, Tribunal has no option but to dismiss the

reference in default of the second party.

The reference is dismissed in default of the second

party.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 29 ekpZ] 2016

dk-vk- 606-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ vks-,u-

th-lh- fyfeVsM vkSj nwljksa 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;] vgenkckn

ds iapkV (lanHkZ la[;k 212@2004) dks çdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 23-03-2016 dks çkIr gqvk FkkA

¹la- ,y&30012@16@1999&vkbZvkj (,e)º

uohu diwj] voj lfpo

New Delhi, the 29th March, 2016

S.O. 606.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 212/

2004) of the Central Government Industrial Tribunal/Labour

Court, Ahmedabad now as shown in the Annexure in the

Industrial Dispute between the employers in relation to

the management of M/s. O.N.G.C. Ltd. and Others and

their workman, which was received by the Central

Government on 23-03-2016.

[No. L-30012/16/1999-IR(M)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 26th February, 2016

Reference : (CGITA) No. 212/2004

Reference : (ITC) No. 134/1999

1.

The Group General Manager,

ONGC Ltd.,

Avani Bhavan, Parichay Shopping Centre,

D Cabin, IOC office Road,

Gandhinagar

2.

M/s. Industrial Security Services,

Parichay Shopping Centre,

D Cabin, Sabarmati,

Ahmedabad (Gujarat)

...First Party

Vs.

Their Workman,

Through the General Secretary,

Gujarat Petroleum Emp. Union,

434/46. Gandhi vas Naka,

Gujarat Stadium Road,

Sabarmati,

Ahmedabad (Gujarat)

...Second Party

For the First Party

:

Shri K.V. Gadhia, Advocate

For the Second Party :

C/o. Gujarat Petroleum Emp.

Union

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vizSy 2] 2016@pS=k 13] 1938

1225

AWARD

The Government of India/Ministry of Labour ,New

Delhi by reference adjudication Order No. L-30012/16/99-

IR(M) dated 12.07.1999 referred the dispute for

adjudication to the Industrial Tribunal, Ahmedabad

(Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

“Whether the action of the management of Industrial

Security Services, Contractor of ONGC Ltd., is

justified in terminating the services of Shri Jivabhai

Hirabhai Desai, Security Guard, ONGC Ahmedabad

Project w.e.f. 1-9-97? If not, to what relief the

concerned workman is entitled to?” AND “Whether

ONGC Ltd., Ahmedabad is having sham arrangement

of contract with M/s industrial Security Services in

employment of security guards at ONGC Ltd.,

Ahmedabad Project and how far ONGC is

responsible for termination of service of Shri Jivabhai

Hirabhai Desai, Security Guard?”

2.

This reference dates back to 12.07.1999. S.P in person

has been absent since last several dates. However, his

counsel comes in the Tribunal and he fails to produce the

workman for examination in support of his case i.e.

statement of claim(Ext.4) which has been controverted by

the first party through the written statement (Ext.9) on

04.10.2000. Thus, it appears that second party are not

interested in the proceedings of the reference. Therefore,

Tribunal has no option but to dismiss the reference in

default of the second party.

The reference is dismissed in default of the second

party.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 29 ekpZ] 2016

dk-vk- 607-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ vks-,u-

th-lh- fyfeVsM vkSj nwljksa 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;] vgenkckn

ds iapkV (lanHkZ la[;k 222@2004) dks çdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 23-03-2016 dks çkIr gqvk FkkA

¹la- ,y&30012@30@1999&vkbZvkj (,e)º

uohu diwj] voj lfpo

New Delhi, the 29th March, 2016

S.O. 607.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 222/

2004) of the Central Government Industrial Tribunal/Labour

Court, Ahmedabad now as shown in the Annexure in the

Industrial Dispute between the employers in relation to

the management of M/s. O.N.G.C. Ltd. and Others and

their workman, which was received by the Central

Government on 23-03-2016.

[No. L-30012/30/1999-IR(M)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 24th February, 2016

Reference : (CGITA) No. 222/2004

Reference : (ITC) No. 148/1999

1. The Regional Director,

ONGC Ltd.,

Makarpura Road,

Baroda

...First Party

Vs.

Their Workman,

Through the secretary,

ONGC Employees Union,

8, Samarpan Shopping Complex,

Highway Road,

Mehsana (Gujarat)- 384002

...Second Party

For the First Party

:

Shri K.V. Gadhia, Advocate

For the Second Party

:

Shri A.S. Kapoor, Advocate

AWARD

The Government of India/Ministry of Labour ,New

Delhi by reference adjudication Order No. L-30012/30/99-

IR(M) dated 10.09.1999 referred the dispute for

adjudication to the Industrial Tribunal, Ahmedabad

(Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

“Whether the demand of ONGC Employees Union

in asking promotion of Shri Bhikhaji Panaji Khalasi

Gd. I in the upgraded scale of Rs. 2532/- w.e.f. 1.1.93

with all consequential benefits is justified? If so,

what relief the workman is entitled to?”

2.

This reference dates back to 10.09.1999. Second party

submitted statement of claim (Ext.7) on 03.01.2000 and first

party submitted written statement (Ext.9) on 13.11.2000.

Second party has been absent since last several dates

and has also not led evidence despite giving number of

opportunities. Thus, it appears that second party are not

1226

THE GAZETTE OF INDIA : APRIL 2, 2016/CHAITRA 13, 1938

[PART II—SEC. 3(ii)]

interested in the proceedings of the reference. Therefore,

Tribunal has no option but to dismiss the reference in

default of the second party

The reference is dismissed in default of the second

party.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 29 ekpZ] 2016

dk-vk- 608-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ vks-,u-

th-lh- fyfeVsM vkSj nwljksa 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;] vgenkckn

ds iapkV (lanHkZ la[;k 275@2004) dks çdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 23-03-2016 dks çkIr gqvk FkkA

¹la- ,y&30012@78@1999&vkbZvkj (,e)º

uohu diwj] voj lfpo

New Delhi, the 29th March, 2016

S.O. 608.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 275/

2004) of the Central Government Industrial Tribunal/Labour

Court, Ahmedabad now as shown in the Annexure in the

Industrial Dispute between the employers in relation to

the management of M/s. O.N.G.C. Ltd. and Others and

their workman, which was received by the Central

Government on 23-03-2016.

[No. L-30012/78/1999-IR(M)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 23rd February, 2016

Reference : (CGITA) No. 275/2004

Reference : (ITC) No. 26/2000

1.

The Group General Manager (P),

ONGC Ltd., Avni Bhavan,

Chandkheda,

Ahmedabad (Gujarat)

2.

M/s. Tarun Enterprises,

Tarun House, Kajuwadi Chakla,

Andheri (East),

Mumbai

...First Party

Vs.

Their workman

Through the General Secretary,

Gujarat Petroleum Employees Union,

434/36, Gandhvas, Koba Road,

Sabarmati,

Ahmedabad (Gujarat)

...Second Party

For the First Party

:

Shri K.V. Gadhia, Advocate

For the Second Party

:

Kum. Santoshben, Advocate

AWARD

The Government of India/Ministry of Labour ,New

Delhi by reference adjudication Order No. L-30012/78/99-

IR(M) dated 24.01.2000 referred the dispute for

adjudication to the Industrial Tribunal, Ahmedabad

(Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

“Whether the demand of Gujarat Petroleum

Employees Union, Ahmedabad to declare that the

arrangement through which Shri Kanubhai D. Rabari

employee as Mali in ONGC, Ahmedabad Project is

‘sham and bogus’ and the concerned workman

who has been terminated from service w.e.f. 1.2.1999

id entitled for reinstatement and absorption is legal

and justified? If yes then to what relief the concerned

workman is entitled to and from which date?”

2.

This reference dates back to 24.01.2000. Second party

submitted statement of claim (Ext.8) and first party

submitted written statement (Ext.11) on 06.04.2004 since

then second party has failed to lead evidence. Second

party has also been absent for a long period back to 2010.

Thus it appears that second party has no inclination or

willingness to proceed with the reference. Thus, the

Tribunal has no option but to dismiss the reference in

default of the second party.

The reference is dismissed in default of the second

party.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 29 ekpZ] 2016

dk-vk- 609-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ vks-,u-

th-lh- fyfeVsM vkSj nwljksa 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;] vgenkckn

ds iapkV (lanHkZ la[;k 327@2004) dks çdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 23-03-2016 dks çkIr gqvk FkkA

¹la- ,y&30012@30@2000&vkbZvkj (,e)º

uohu diwj] voj lfpo

¹Hkkx IIó[k.M 3(ii)º

Hkkjr dk jkti=k % vizSy 2] 2016@pS=k 13] 1938

1227

New Delhi, the 29th March, 2016

S.O. 609.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 327/

2004) of the Central Government Industrial Tribunal/Labour

Court, Ahmedabad now as shown in the Annexure in the

Industrial Dispute between the employers in relation to

the management of M/s. O.N.G.C. Ltd. and Others and

their workman, which was received by the Central

Government on 23-03-2016.

[No. L-30012/30/2000-IR(M)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 23rd February, 2016

Reference : (CGITA) No. 327/2004

Reference : (ITC) No. 88/2000

1.

The Group Genral Manager (P),

ONGC Ltd.,

Ahmedabad Project,

Chandkheda,

Ahmedabad (Gujarat)

2.

M/s. Public Power Mazdoor

Kamdar Sahkari Mandli Ltd.,

Opp. Dudhsagar Dairy,

Highway Road,

Mehsana (Gujarat)

3.

M/s. Industrial Security Services,

Parischay Shopping Centre,

Near ‘D’ Cabin, IOC Road,

Post New Rly Colony,

Ahmedabad (Gujarat)- 380001

...First Party

Vs.

Their workman

Through the General Secretary,

Gujarat Petroleum Employees Union,

434/36, Gandhvas, Koba Road,

Sabarmati,

Ahmedabad (Gujarat)

...Second Party

For the First Party

:

Shri K.V. Gadhia, Advocate

For the Second Party

:

Kum. Santoshben, Advocate

AWARD

The Government of India/Ministry of Labour, New

Delhi by reference adjudication Order No. L-30012/30/2000-

IR(M) dated 18.08.2000 referred the dispute for

adjudication to the Industrial Tribunal, Ahmedabad

(Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

“Whether the demand of Gujarat Petroleum

Employees Union, Ahmedabad to declare that the

arrangement through which Shri Nayak Jagdish

Ambalal employed as Peon in ONGC Ahmedabad

Project is ‘sham and bogus’ and the concerned

workman who has been terminated from service

w.e.f. 1.2.1999 is entitled for reinstatement and

absorption is legal and justified? If yes then to what

relief the concerned workman is entitled to and from

which date?”

2.

This reference dates back to 18.08.2000. Second party

submitted statement of claim (Ext.6) and first party also

filed written statement (Ext.10) on 03.05.2002. Second party

also received the copy of the written statement on the

same date. But since then second party has been absent

and has also failed to lead evidence. Thus, it appears that

second party has no inclination or willingness to proceed

with the reference. Thus, the Tribunal has no option but

to dismiss the reference in default of the second party.

The reference is dismissed in default of the second

party.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 29 ekpZ] 2016

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New Delhi, the 29th March, 2016

S.O. 610.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 574/

2004) of the Central Government Industrial Tribunal/Labour

Court, Ahmedabad now as shown in the Annexure in the

Industrial Dispute between the employers in relation to

the management of M/s. O.N.G.C. Ltd. and Others and

1228

THE GAZETTE OF INDIA : APRIL 2, 2016/CHAITRA 13, 1938

[PART II—SEC. 3(ii)]

their workman, which was received by the Central

Government on 23-03-2016.

[No. L-30011/91/2002-IR(M)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 24th February, 2016

Reference : (CGITA) No. 574/2004

Reference : (ITC) No. 48/2003

1. The Group General Manager (P),

ONGC Ltd.,

Hazira Project,

P.O. Bhatpore,

Surat (Gujarat) 394518

2. The Manager (PSD),

Te A.Eco. Ltd.,

Chinubhai Tower,

Ashram Road,

Ahmedabad(Gujarat)-380009

3. M/s. Gaytech Engineering Services,

311, Race Course Tower,

Nr. Race Course Circle,

Baroda-

4. M/s. Industrial & Engineering Services,

74/441, Vijaynagar,

Ahmedabad (Gujarat)-380013

5. M/s. AJK Association,

B-4 Kailash Apartments,

Opp. Dr. Suman Shah,

Nr. Old Sharda Mandir Road,

Elliesbridge, Ahmedabad

(Gujarat)-380006

...First Party

Vs.

Their Workman,

Through Gujarat Working Class Union,

The General Secretary,

A-772, ‘Anand Ganga’ Kasak,

Bharuch (East), Gujarat

Bharuch

...Second Party

For the First Party

:

Shri C.S. Naidu, Advocate

For the Second Party

:

C/o Gujarat Working

Class Union

AWARD

The Government of India/Ministry of Labour ,New

Delhi by reference adjudication Order No. L-30011/91/2002-

IR(M) dated 21.10.2003 referred the dispute for

adjudication to the Industrial Tribunal, Ahmedabad

(Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

“Whether the contracts between the management

of ONGC Ltd. and their Contractors in respect of

Shri Raval Sanjaykumar K. & 9 others is sham and

bogus contracts entered into as a camouflage to

avoid the provisions of contract Labour (Regulation

and Abolition)) Act, 1970?”

“Whether the demand of the union in respect of 10

contractual workmen i.e. S/Shri (1) Raval Sanajy

Kumar K., (2.) Travadi Arif F., (3) Patel Paresh M.,

(4.) Parekh Sandip R., (5) Pawar Jitendra H., (7)

Varachhiya Vijay B., (8) Pathan Gafarali M., and (9)

Joshi Nitin N. Bioler Operators engaged through

various contractors in the establishment of ONGC

Ltd. Hazira, Surat for treating them as direct and

regular employees of ONGC Ltd., from the date of

their joining, is legal, proper and justified? If so, to

what relief these workmen are entitled to and from

which date and what other directions are necessary

in the matter?”

2.

This reference dates back to 21.10.2003. Second party

submitted statement of claim (Ext.5) on 28.04.2004 and first

party submitted written statement (Ext.9) on 10.03.2005.

since then the second parties have been absent and have

also not led their evidence. Thus, it appears that second

parties are not interested in the proceedings of the

reference. Therefore, Tribunal has no option but to dismiss

the reference in default of the second parties.

The reference is dismissed in default of the second

parties.

P. K. CHATURVEDI, Presiding Officer

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1229

New Delhi, the 29th March, 2016

S.O. 611.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 66/2013-

14) of the Central Government Industrial Tribunal/Labour

Court, Nagpur now as shown in the Annexure in the

Industrial Dispute between the employers in relation to

the management of M/s. Mineral Exploration Corporation

Ltd. and Others and their workman, which was received

by the Central Government on 23-03-2016.

[No. L-29011/45/2013-IR (M)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

IN CENTRAL GOVT. INDUSTRIAL TRIBUNAL-

CUM-LABOUR COURT, NAGPUR

BEFORE SHRI CHINTA MANI TIWARI,

PRESIDING OFFICER

Case No. CGIT/NGP/66/2013-14 Date: 20.01.2016.

Party No. 1 :

The Chairman-cum-Managing Director,

Mineral Exploration Corporation Ltd.,

Dr. Babasaheb Ambedkar Bhawan,

Seminary Hills, Nagpur-440006.

Party No. 2 :

The General Secretary,

Indian National M.E.C. Employees

Union,

MECL Utilities Complex, Seminary Hills,

Nagpur – 440006.

AWARD

(Dated: 20th January, 2016)

In exercise of the powers conferred by clause (d) of

sub-section (1) and sub-section 2(A) of section 10 of

Industrial Disputes Act, 1947 (14 of 1947) (“the Act” in

short), the Central Government has referred the industrial

dispute for adjudication between the management of (The

Chairman-cum-Managing Director, Mineral Exploration

Corporation Ltd. and the General Secretary, Indian National

M.E.C. Employees Union, MECL) vide letter No.L-29011/

45/2013-IR(M) dated 23.08.2013, on the following

schedule:-

“Whether the action of the management of Mineral

Exploration Corporation Ltd., Nagpur in refusing he

restoration of payment of conveyance charge/

Hingna Allowance to the personnel deployed at

C.S.D., Hingna, MIDC area, Nagpur, is legal and

justified? If not, what relied the employees are

entitled to?”

2.

On receipt of the reference, notices were issued to

parties to file claim and written statement.

3.

Party No. 2 has filed statement of claim for issuing

direction to Party No. 1 to revise the Hingna Allowance

from April, 1998 to make payment thereof to all employees

entitled and also issue direction to Party No. 1 to revise

Hingna Allowance and implement the revised rates with

effect from 01.01.2010.

4.

In reply Party No. 1 denied the claim of Party No. 2

and refused to restoration of above allowances.

5.

Meanwhile the management of Mineral Exploration

Corporation Ltd. and their registered union in company

namely (1). Indian National Mineral Exploration Corp.

Employees Union (2). Minexplore Employee’s Democratic

Union (3). Mineral Exploration corporation employees

Union arrived at settlement for re-opening and revision of

Transportation Allowance (Hingna allowance) under

Section 2(p) and Section 18 (1) of Industrial Disputes Act,

1947 read with Rules 58(1) of Industrial Disputes Rules

1957. Party No. 1 has filed the memorandum f settlement

as annexure-I and extract of minutes as annexure – II

alongwith 236th Board Meeting Agenda, Item No. 8 dated

23.05.2015 with application on request that present

reference shall be disposed off as per memorandum of

settlement dated 04.03.2015(annexure-I).

Party No. 2 has no objection if reference shall be

disposed off in terms and condition laid down in

memorandum of settlement dated 04.03.2015 (as annexureI).

6.

Heard counsels of parties and perused the

memorandum of settlement dated 04.03.2015 (annexure –

(I) and extracts of minutes (annexure – II). On perusal of

memorandum of settlement and extract of minutes, both

sides are agreed to revise the Transport Allowances

(Hingna Allowance) at the rate of Rs. 16/- per day with

effect from the date 01.02.2015 and shall remain in force till

next 04 (four) years for non-executive employees of

company working as R.M.C. and C.S.D. on actual

attendance basis. Both management and three registered

union of company agreed on memorandum of settlement

(annexure –I). Memorandum of settlement is for benefit of

workmen working in company. It is proper to dispose off

reference in terms of memorandum of settlement dated

04.03.2015 and issue award in terms and condition laid

down in memorandum of settlement as annexure-I.

ORDER

Reference is disposed off in terms and condition of

settlement an award is issued accordingly. Agreed

Transport Allowance (Hingna Allowance) is revised for

non-executive of company working at R.M.C. and C.S.D

Hingna only with effect from 01.02.2015 and shall remain

in force till next 04 (four) years at the rate of Rs. 16 per day

on actual attendance basis. Memorandum of settlement

dated 04.03.2015 (annexure-I) shall be part of award. Party

No. 1 is directed implement the award within 30 days on

publication of award in Official Gazette.

Award is pronounced in open Court in presence

of parties and their counsels.

CHINTA MANI TIWARI, 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.