5402 GI/2016

(5303)

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- 49]

ubZ fnYyh] uoEcj 27—fnlEcj 3] 2016] 'kfuokj@ vxzgk;.k 6—vxzgk;.k 12] 1938

No. 49]

NEW DELHI, NOVEMBER 27—DECEMBER 3, 2016, SATURDAY/ AGRAHAYANA 6—AGRAHAYANA 12, 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)

कामक

कामक, लोक िशकायत तथा पशन मंालय

लोक िशकायत तथा पशन मंालय

(कामक और िशण िवभाग)

नई द ली, 23 नव बर, 2016

का

का.आ. 2304

2304

2304.—fnYyh fo'ks"k iqfyl LFkkiu vf/fu;e] 1946 (1946 dk vf/fu;e la- 25) dh /kjk 3 ds }kjk iznÙk

'kfDr;ksa dk iz;ksx djrs gq,] dsUnz ljdkj fuEufyf[kr vijk/ksa dks ,sls vijk/ ds :i esa fu£n"V djrh gS ftudk vUos"k.k fnYyh

fo'ks"k iqfyl LFkkiu djsxh A blds uke gSa %&

(d)

Hkkjrh; naM lafgrk 1860 (1860 dk vf/fu;e la- 45) dh /kjk 459 ds varxZr naMuh; vijk/

([k)

mDr vijk/ksa vFkok fd, x, fdUgha vijk/ksa vFkok blh rjg ds rF;ksa ls mn~Hkwr vijk/ksa ds lEcU/ esa fd, x,

iz;kl] nq"izsj.k vkSj "kM;a=k A

[iQk- la- 228@50@2016&,ohMh&II]

,l- ih- vkj- f=kikBh] voj lfpo

5304

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

(Department of Personnel and Training)

New Delhi, the 23^rd November, 2016

S.O. 2304.—In exercise of the powers conferred by Section 3 of the Delhi Special Police Establishment Act,

1946 (Act No. 25 of 1946), the Central Government hereby specifies the following offences as the offences which are

to be investigated by the Delhi Special Police Establishment namely :—

(a)

Offences punishable under section 459 of Indian Penal Code 1860 (Act No. 45 of 1860)

and

(b)

Attempts, abetments and conspiracies in relation to or in connection with the offence mentioned above

and any other offence/offences committed in course of the same transaction or arising out of the same

facts.

[F.No. 228/50/2016-AVD-II]

S. P. R. TRIPATHI, Under Secy.

ubZ fnYyh] 23 uoEcj] 2016

dk-vk- 2305-—dsUnz ljdkj] ,rn~}kjk fnYyh fo'ks"k iqfyl LFkkiu vf/fu;e] 1946 (1946 dk vf/fu;e la- 25) dh

/kjk 6 ds lkFk ifBr /kjk 5 dh mi&/kjk (1) }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs gq, gfj;k.kk jkT; ljdkj] x`g foHkkx dh fnukad

04-10-2016 ds vkns'k la- 20@8@2016&3,pthvkbZ }kjk nh xbZ lgefr ls ,rn~}kjk Hkkjrh; naM lafgrk 1860 (1860 dk vf/fu;e la-

45) dh /kjk 459] 460] 302] 376&Mh] 396] 397] ;kSu vijk/ksa ls cPpksa dh lqj{kk vf/fu;e] 2012 (2012 dk vf/fu;e la- 32)

dh /kjk 6 vkSj 25@54@59 l'kL=k vf/fu;e ¹vFkkZr~ l'kL=k vf/fu;e 1959 dh /kjk 25 (1959 dh vf/fu;e la- 54)º ds varxZr

iqfyl Fkkuk] rk: ftyk esokr esa dRy MdSrh vkSj ukckfyx yM+dh ds lkFk lkewfgd cykRdkj rFkk mDr vijk/ksa vFkok fd, x,

fdUgha vijkèkksa vFkok blh rjg ds rF;ksa ls mn~Hkwr vijk/ksa vkSj rnuqlkj nks"kh O;fDr ds fo#¼ nkafMd vfHk;kstu ds laca/ esa fd,

x, iz;kl] nq"izsj.k vkSj "kM;a=k ds ekeys ds vUos"k.k ds fy, fnukad 25-08-2016 dks ntZ izkFkfedh ,iQvkbZvkj la- 247 ds laca/ esa

fnYyh fo'ks"k iqfyl LFkkiu ds lnL;ksa dh 'kfDr;ksa ,oa {ks=kkf/dkj dk foLrkj ,rn~}kjk laiw.kZ gfj;k.kk jkT; ij djrh gSA

[iQk- la- 228@50@2016&,ohMh&II]

,l- ih- vkj- f=kikBh] voj lfpo

New Delhi, the 23rd November, 2016

S.O. 2305.—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 Haryana, Home Department, vide order No. 20/8/2016-3GHI dated 04.10.2016, hereby extends

the powers and jurisdiction of the members of the Delhi Special Police Establishment to the whole of the State of

Haryana for investigation of Case FIR No. 247 dated 25.08.2016 under section 459, 460, 302, 376-D, 396, 397 of the

Indian Panel Code, 1860 (Act No. 45 of 1860), Section 6 of The Protection of Children from Sexual Offences Act,

2012 (Act No. 32 of 2012) and 25/54/59 Arms Act [i.e. Section 25 of Arms Act, 1959 (Act No. 54 of 1959)], registered

at Police Station Tauru District Mewat pertaining to murder, dacoity and gang rape of minor girl and any other

offence/offences, attempts, abetments and conspiracies in relation to or in connection with the above mentioned

offences and any other offence or offences committed arising out of the same facts and simultaneously launching of

criminal prosecution against guilty persons.

[F. No. 228/50/2016-AVD-II]

S. P. R. TRIPATHI, Under Secy.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5305

वा

वा य

य

य एवं परवार क या

एवं परवार क या

एवं परवार क याण मंालय

ण मंालय

( वा

( वा य

य

य एवं परवार क या

एवं परवार क या

एवं परवार क याण िवभाग)

ण िवभाग)

नई द ली, 17 नव बर, 2016

का.आ.

का.आ. 2306

2306

2306.—जबक भारतीय आयुवान परषद (संशोधन) अ" यादेश, 2013 क' धारा 3क क' उप-धारा (1) )ारा

*द+ त शि- तय. का *योग करते 1ए दनांक 6 नव बर, 2013 को भारतीय आयुवान परषद का पुनग4ठन कया गया था।

और जबक भारतीय आयुवान अिधिनयम, 1956 (1956 का 102) क' धारा 3 क' उप-धारा (1)(क) के

*ावधान के अनुसरण म= 05.11.2013 से महारा? @ सरकार के *ितिनिध के Aप म= डॉ. कशोर बी. ताओरी को भारतीय

आयुवान परषद के सदF य के Aप म= नािमत कया गया था।

और जबक भारतीय आयुवान परषद ने सूचना दी है क आईएमसी अिधिनयम, 1956 क' धारा 3 (1)(क) के

तहत महारा? @ सरकार के *ितिनिध डॉ. कशोर बी. ताओरी का िनधन हो गया है। इसिलए, आईएमसी अिधिनयम, 1956

क' धारा 3 (1)(क) के तहत महारा? @ सरकार के *ितिनिध डॉ. कशोर बी. ताओरी अब भारतीय आयुवान परषद के

सदF य नहK रहे हL।

अब इसिलए, महारा? @ सरकार के *ितिनिध डॉ. कशोर बी. ताओरी को त+ काल *भाव से भारतीय आयुवान

परषद का सदF य न होना माना जाएगा।

[सं. वी-11013/01/2016-एमईपी]

अिमत िबF वास, अवर सिचव

MINISTRY OF HEALTH AND FAMILY WELFARE

(Department of Health and Family Welfare)

New Delhi, the 17th November, 2016

S.O. 2306.—Whereas on 6th November, 2013, the Medical Council of India was re-constituted in exercise of

the powers conferred by sub-section (1) of section 3A of the Indian Medical Council (Amendment) Ordinance, 2013;

And whereas in pursuance of the provision of sub-section (1)(a) of Section 3 of the Indian Medical Act, 1956

(102 of 1956), Dr. Kishor B. Taori was nominated as a member of the Medical Council of India representing

Government of Maharashtra with effect from 05-11-2013;

And whereas the Medical Council of India has informed that Dr. Kishor B. Taori, representing Government of

Maharashtra under section 3(1)(a) of IMC Act, 1956 has passed away. Therefore, Dr. Kishor B. Taori has ceased to be

a member of Medical Council of India representing Government of Maharashtra under section 3(1)(a) of IMC Act,

1956.

Now, therefore, Dr. Kishor B. Taori shall be deemed to have ceased to be a member of the Medical Council of

India representing Government of Maharashtra with immediate effect.

[No. V-11013/01/2016-MEP]

AMIT BISWAS, Under Secy.

मानव संसाधन िवकास मंालय

(उतर िशा िवभाग)

नई द ली, 23 नव बर, 2016

dk-vk- 2307-—vkWjksfoys izfr"Bku vf/fu;e] 1988 (1988 dk 54) dh /kjk 12 ds lkFk ifBr /kjk 11 }kjk iznÙk

'kfDr;ksa dk iz;ksx djrs gq, dsUnz ljdkj ,rn~}kjk bl vf/lwpuk dh rkjh[k ls pkj o"kks± dh vof/ ds fy, fuEufyf[kr O;fDr;ksa dks

vkWjksfoys izfr"Bku ds 'kklh cksMZ ds lnL; ds :i esa fu;qDr djrh gS %

5306

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

MkW- d.kZ ¯lg (laln lnL;] jkT; lHkk)

&(vè;{k)

3] U;k; ekxZ] pk.kD;iqjh] ubZ fnYyh

¹vkWjksfoys izfr"Bku vf/fu;e dh /kjk 11 (l) (i) ds rgrº

la;qDr lfpo (vkbZ-lh-lh-)]

&(insu lnL;)

ekuo lalk/u fodkl ea=kky;]

¹vkWjksfoys izfr"Bku vf/fu;e dh /kjk 11 (l) (ii) ds rgrº

Hkkjr ljdkj

la;qDr lfpo rFkk foÙk lykgdkj]

&(insu lnL;)

ekuo lalk/u fodkl ea=kky;]

¹vkWjksfoys izfr"Bku vf/fu;e dh /kjk 11 (l) (ii) ds rgrº

Hkkjr ljdkj

MkW- d.kZ ¯lg cksMZ ds ekun vè;{k ds :i esa dk;Z djsaxs A

[la- ,iQ- 27&9@2012&;w-;w-]

jkds'k jatu] la;qDr lfpo

MINISTRY OF HUMAN RESOURCE DEVELOPMENT

(Department of Higher Education)

New Delhi, the 23rd November, 2016

S.O. 2307.—In exercise of the powers conferred by Section 11 read with Section 12, of the Auroville

Foundation Act, 1988 (54 of 1988), the Central Government hereby nominates the following persons as members of the

Governing Board of the Auroville Foundation for a period of four years w.e.f. the date of this notification :

Dr. Karan Singh (MP, Rajya Sabha)

-(Chairman)

3, Nyaya Marg, Chanakyapuri, New Delhi

[under Section 11 (l) (i) of Auroville

Foundation Act]

Joint Secretary (ICC),

-(Ex-Officio Member)

Ministry of Human Resource Development,

[under Section 11 (l) (ii) of Auroville

Govt. of India

Foundation Act]

Joint Secretary & Finance Adviso,r

-(Ex-Officio Member)

Ministry of Human Resource Development,

[under Section 11 (l) (ii) of Auroville

Govt. of India

Foundation Act]

Dr. Karan Singh will function as Chairman of the Board in an honorary capacity.

[No. F. 27-9/2012-UU]

RAKESH RANJAN, Jt. Secy.

नई द ली, 28 नव बर, 2016

का.आ.

का.आ. 2308

2308

2308.—मानव संसाधन िवकास मंMालय क' अिधसूचना का.आ. 1689 दनांक 24 अ*ैल, 2014 जो

भारत के राजपMः खSड II, धारा 3, उप-धारा (ii) दनांक 14.06.2014 के पृU सं. 4485 म= *कािशत 1ई थी, िजसम= एक

िशVा ऋण हेतु Xेिडट गारंटी फंड क' *बंधन सिमित गठत क' गई थी, के अिधXमण म= यह मंMालय ,rn~}kjk उ[ सिमित

का िन\वत पुनग4ठन करता हैः-

(i)

सिचव, उ]तर िशVा िवभाग

- अ"यV (पदेन),

(ii)

संयु[ सिचव (आईएफ), िव^ सेवा िवभाग

- सदFय,

(iii)

संयु[ सिचव (पीएफ.II), _य िवभाग

- सदFय,

(iv)

संयु[ सिचव (उ]तर िशVा), उ]तर िशVा िवभाग

- सदFय

(v)

सलाहकार, नीित आयोग

- सदFय,

(vi)

िशVा िवशेष (*ो. संजय जी. ढ़ांडे)

- सदFय,

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5307

(vii)

बLक िवशेष (aी एस.एस. भb, पूव4 सी.जी.एम., कैनरा बLक)

- सदFय

(viii)

मुcय काय4कारी अिधकारी, एनसीजीटीसी, मुंबई

- सदFय सिचव

[फा.सं. 18-1/2013-यू.5]

राजेde *साद ितवारी, अवर सिचव

New Delhi, the 28th November, 2016

S.O. 2308.—In supersession of Ministry of Human Resource Development’s notification S.O.1689 dated 24^th

April, 2014 appearing on Page No. 4485 in the Gazette of India : Part II , Section 3, Sub-section (ii) dated 14-6-2014

constituting a Management Committee of Credit Guarantee Fund for Education Loans, this Ministry hereby re-

constitutes the Committee as under :-

(i)

Secretary, Department of Higher Education

- Chairman (ex officio)

(ii)

Joint Secretary (IF), Dept. of Financial Services

- Member

(iii)

Joint Secretary (PF.II), Dept. of Expenditure

- Member

(iv)

Joint Secretary (HE), Dept. of Higher Education

- Member

(v)

Advisor, NITI Aayog

- Member

(vi)

Education Expert (Prof. Sanjay G. Dhande)

- Member

(vii)

Banking Expert (Shri S.S. Bhat, former C.G.M., Canara Bank)

- Member

(viii)

Chief Executive Officer, NCGTC, Mumbai

- Member Secretary

[F.No. 18-1/2013-U.5]

RAJENDRA PRASAD TEWARI, Under Secy.

Ñf"k ,oa fdlku dY;k.k ea=kky;

(Ñf"k vuqla/ku ,oa f'k{kk foHkkx)

ubZ fnYyh] 25 uoEcj] 2016

dk-vk- 2309-—dsUnzh; ljdkj] Ñf"k ,oa fdlku dY;k.k ea=kky;] Ñf"k vuqla/ku ,oa f'k{kk foHkkx] jktHkk"kk (la?k ds 'kkldh;

iz;kstuksa ds fy, iz;ksx) fu;ekoyh] 1976 ds fu;e 10 ds mi&fu;e (4) ds vuqlj.k esa] Hkk-Ñ-v-i-&Ñf"k Kku izca/ funs'kky;

(Mhds,e,) dks] ftlesa 80 izfr'kr ls vf/d deZpkfj;ksa us ¯gnh dk dk;Zlk/d Kku izkIr dj fy;k gS] ,rn~}kjk vfèklwfpr djrh gS A

¹iQk- la- 13&10@2009&fgUnh@168º

jkts'k dqekj] voj lfpo

MINISTRY OF AGRICULTURE AND FARMER WELFARE

(Department of Agricultural Research and Education)

New Delhi, the 25th November, 2016

S.O. 2309.—In pursuance of Sub-rule (4) of Rule 10 of the Official Languages (Use for Official Purposes of the

Union) Rules, 1976, the Central Government, Ministry of Agriculture and Farmer Welfare, Department of Agricultural

Research and Education hereby notifies the ICAR-Directorate of Knowledge Management in Agriculture (DKMA),

ICAR, Krishi Anusandhan Bhavan, Pusa, New Delhi. The DKMA where more than 80% of staff have acquired the

working knowledge of Hindi.

[F. No. 13-10/2009-Hindi/168]

RAJESH KUMAR, Under Secy.

5308

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

dkjiksjsV dk;Z ea=kky;

ubZ fnYyh] 25 uoEcj] 2016

dk-vk- 2310-—dsUnzh; ljdkj] jktHkk"kk (la?k ds 'kkldh; iz;kstuksa ds fy, iz;ksx) fu;e] 1976 (;Fkkla'kksf/r 1987) ds

fu;e 10 ds mi&fu;e (4) ds vuqlj.k esa dkjiksjsV dk;Z ea=kky; ds varxZr daiuh jftLVªkj&lg&'kkldh; lekid dk;kZy;] fgekpy

izns'k dks] ftlds 80% ls vf/d deZpkfj;ksa us ¯gnh dk dk;Zlk/d Kku izkIr dj fy;k gS] vfèklwfpr djrh gS A

¹la- bZ&11016@1@2010&fgUnhº

,- v'kksyh pykbZ] la;qDr lfpo

MINISTRY OF CORPORATE AFFAIRS

New Delhi, the 25th November, 2016

S.O. 2310.—In pursuance of Sub-rule (4) of Rule 10 of the Official Language (Use for Official Purposes of the

Union) Rules, 1976, (as amended in 1987), the Central Government hereby notifies Roc-cum-Official Liquidator

Office, Himachal Pradesh under Ministry of Corporate Affairs, wherein more than 80% of staff have acquired working

knowledge of Hindi.

[No. E-11016/1/2010-Hindi]

A. ASHOLI CHALAI, Jt. Secy.

उपभो# ता

उपभो# ता मामले

मामले

मामले, , , , खा% और साव'जिनक िवतरण मंालय

खा% और साव'जिनक िवतरण मंालय

(उपभो ता

उपभो ता

उपभो ता मामले िवभाग

मामले िवभाग

मामले िवभाग)

(भारतीय मानक यू

भारतीय मानक यू

भारतीय मानक यूरो

रोरो

रो)

नई द ली, 22 नव बर, 2016

का

का.आ. . . . 2311

2311

2311.— भारतीय मानक यूरो (माणन) िविनयम

1988

के िविनयम 6 के उपिविनयम (3)के अनुसरण म

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

अनुसूची

म

सं

या

भारतीय

मानक

सं या

भा

ग

अ

नु.

भा

ग

वष

उ पाद

इकाई

यूनतम मुहरांकन शु क

()

इकाई

दर

लैब 1

()

लैब 1

म

इकाई

यां

इकाई

दर

लैब 2

()

लैब

2 म

इका

ईयां

इकाई

दर

लैब 3

()

लैब

3 म

इकाई

यां

!चालन ितिथ

वृहद तर

7347

1974

छोटे आकार के

कृिष !ेयर और

इसी तरह के

अनु!योग* के

िलए !यु, पाक

इि.शन इंजन का

!दशन

आव1यकताएँ

1 पीस

46000

37000

2.2

सभी

24 08 2016

10001

1981

सामाय !योजन*

!यु,

िथर गित -

संपीड़न इि.शन

(डीजल) इंजन के

िलए !दशन

आव1यकताएँ

(20 6कलोवाट

तक)

1 पीस

46000

37000

17.3

1500

10.4

बाँ

क8

सभी

24 08 2016

11170

1985

कृिष !योजन* के

िलए !यु,

िथर गित गित

संपीड़न !;वलन

(डीजल) इंजन के

िलए !दशन

1 पीस

46000

37000

17.3

1500

10.4

बाँ

क8

सभी

24 08 2016

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5309

आव1यकताएँ

(20 6कलोवाट

तक)

7079

2008

वचल वाहन –

गैर पै<ोिलयम

बेस >ेक तरल के

साथ !यु? त

@वचािलत >ेAकग

पBित के हेतु >ैक

हौज असेD बली –

100

पीस

46000

37000

8.7

सभी

24 08 2016

623

2008

साई6कल –

साई6कल के Fेम

100

पीस

46000

37000

3.5

सभी

24 08 2016

624

2003

साई6कल – Gरम

100

पीस

46000

37000

3.5

सभी

24 08 2016

2061

1995

साइ6कल –

अगला िचमटा –

100

पीस

46000

37000

3.5

सभी

24 08 2016

2415

2015

साई6कल – र बर

Hूब (मो I/जोड़

वाली)

100

पीस

46000

37000

1.75

सभी

24 08 2016

6218

2008

साई6कल –

मडगाड –

100

जोड़ी

46000

37000

4.4

सभी

24 08 2016

10.

3236

1992

सामा य !योजन*

के िलए अध:

वचीज िसर ज क8

100

पीस

46000

37000

5.25

सभी

24 08 2016

11.

3319

1995

बाड पाकर 6क म

के श यक

िवयो; य K लेड

तथा द ते

100

पीस

46000

37000

10.4

सभी

24 08 2016

12.

3829

1999

भाप चािलत

क8टाणुनाशक यंM

भाग 1 समतल

बेलनाकार एवं

समतल

आयताकार

क8टाणुनाशक

यंM, दबाव यु? त

(अ पताल एवं

औषिधिनमाण म

उपयु? त)

1 पीस

46000

37000

103.7

सभी

24 08 2016

13.

3829

1978

भाप चािलत

क8टाणुनाशक यंM

भाग 2 Pैितज

बेलनाकार हाई

पीड भाप

चािलत

क8टाणुनाशक यंM

, दबाव !कार

1 पीस

46000

37000

103.7

सभी

24 08 2016

14.

3829

1985

भाप चािलत

क8टाणुनाशक यंM

भाग 3 दबाव

क8टाणुनाशक यंM

ऊRव बेलन

!कार

1 पीस

46000

37000

103.7

सभी

24 08 2016

15.

3830

1979

;वरकारी मु,

आसुत जल के

िलए जल िटस

1 पीस

46000

37000

103.7

सभी

24 08 2016

16.

3831

1979

टरलाईजर शैलो

(SेTसग Sम)

1 पीस

46000

37000

1.75

सभी

24 08 2016

17.

3992

1982

<े, 6कडनी

1 पीस

46000

37000

0.18

सभी

24 08 2016

18.

3993

1993

उपकरण रखने के

िलए <े

1 पीस

46000

37000

0.42

सभी

24 08 2016

5310

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

19.

4266

1967

लाकस −

बेडसाइड,

अपताल के

उपयोग के िलए

1 पीस

46000

37000

2.5

सभी

24 08 2016

20.

4381

1967

रोग माइोकोप

1 पीस

46000

37000

8.7

सभी

24 08 2016

21.

4533

1995

चूषण उपकरण

1 पीस

46000

37000

10.4

सभी

24 08 2016

22.

5022

1989

िनजमक,

उपकरण टेबल

मॉडल

1 पीस

46000

37000

1.75

सभी

24 08 2016

23.

5035

1969

क8टाणुनाशक यंM

, बाउल और

बतन (पेडल

टाईप)

1 पीस

46000

37000

140

सभी

24 08 2016

24.

5143

1988

एडजटेबल

अPीयिलयरी

बैसािखयW

1 पीस

46000

37000

0.35

सभी

24 08 2016

25.

5291

1969

टेबल, आपरेशन,

हाइSोिलक, मेजर

1 पीस

46000

37000

103.7

सभी

24 08 2016

26.

5405

1980

सैिनटरी नैप6कन

1000

पीस

46000

37000

सभी

24 08 2016

27.

7454

1991

पुन थापन

उप कर – पिहए

वाली कुXसयां

फोTडग, Z य क

साईज –

1 पीस

46000

37000

4.35

सभी

24 08 2016

28.

7652

1988

र,दाबमापी,

एनेरोइड टाईप

1 पीस

46000

37000

3.5

सभी

24 08 2016

29.

8086

1991

पुन थापन

उप कर – पिहए

वाली कुXसयां,

फोTडग, छोटा

साईज –

1 पीस

46000

37000

4.35

सभी

24 08 2016

30.

8088

1976

<ाईसाई6कल,

हाथ !ोपेड

1 पीस

46000

37000

6.8

सभी

24 08 2016

31.

9471

1980

मॉ\ूलर िनचले

अंग ओथ^Gटक

अवयव - भाग 2:

रकाब, िवभाजन

1 पीस

46000

37000

0.03

सभी

24 08 2016

32.

9471

1980

मॉ\ूलर िनचले

अंग ओथ^Gटक

अवयव - भाग 3

: रकाब _ले`स

1 पीस

46000

37000

सभी

24 08 2016

33.

9471

1980

मॉ\ूलर िनचले

अंग ओथ^Gटक

अवयव - भाग 4:

संयु, इकाई,

टखने

1 पीस

46000

37000

0.3

सभी

24 08 2016

34.

9471

1980

मॉ\ूलर िनचले

अंग ओथ^Gटक

अवयव - भाग 5 :

संयु, इकाई,

घुटने

1 पीस

46000

37000

0.5

सभी

24 08 2016

35.

9471

2000

माडयूली अध्

:अंग हIी घटक

भाग 6 हIी

dोिण जोड़ –

1 पीस

46000

37000

1.5

सभी

24 08 2016

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5311

36.

9471

2000

माडयूली अध्

:अंग हIी घटक

िविशिe - भाग 7

हIी धड़, टखना

व घुटना (ऊपरी

व िनD न)

1 पीस

46000

37000

0.05

सभी

24 08 2016

37.

11279

1985

>ेल लेट

1 पीस

46000

37000

सभी

24 08 2016

38.

11378

2002

मानव* के िलए

!यु? त िन1 चेतक

मशीन

1 पीस

46000

37000

260

सभी

24 08 2016

39.

11569

1986

सवाइकल कॉलर

1 पीस

46000

37000

0.2

सभी

24 08 2016

40.

11646

1986

दृिeहीन िवकलांग

के िलए ब त -

भाग 2: मुड़वां

टाईप

1 पीस

46000

37000

0.5

सभी

24 08 2016

41.

11708

1986

हाथ, यांिMक

1 पीस

46000

37000

सभी

24 08 2016

42.

12664

2003

कृिMम अंग –

िनचले अfांग* म

कृिMम अंग रोपण

के िलए सैशफुट

(पैर) भाग 1

िडजाइन और

आयाम

1 पीस

46000

37000

0.55

सभी

24 08 2016

43.

14429

1997

>ैल आशिलिपM

1 पीस

46000

37000

सभी

24 08 2016

44.

1363

2002

उ पाद fेड ‘सी’

के िलए

षटकोणीय शीष

वाले काबले, प च

और िडबGरयां

भाग 1

षटकोणीय शीष

वाले काबले

(साइज र ज एम 5

से एम 64 तक)

1 टन

46000

37000

सभी

24 08 2016

45.

1363

2002

उ पाद fेड ‘सी’

के िलए

षटकोणीय शीष

वाले काबले, प च

और िडबGरयां

भाग 3

षटकोणीय

िडबGरयां (साइज

र ज एम 5 से एम

64 तक)

1 टन

46000

37000

सभी

24 08 2016

46.

1364

2002

उ पाद fेड ए और

बी के िलए

षटकोणीय शीष

वाले काबले, प च

और िडबGरयां

भाग 1

षटकोणीय शीष

वाले काबले

(साइज र ज एम

1.6 से एम 64

तक)

1 टन

46000

37000

सभी

24 08 2016

47.

1370

1993

!ेषण पhे – घषण

सतह रबड़ पhे

वग

मीटर

46000

37000

3.5

सभी

24 08 2016

48.

1759

1986

फावड़ा के िलए

िविशeी (िiतीय

पुनGरPण)

100

पीस

46000

37000

3.5

सभी

24 08 2016

5312

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

49.

1929

1982

हॉट ?लोTजग के

िलए हॉट फो;ड

टील Gरवेट (12

से 36 िममी

jास)

1 टन

46000

37000

22.7

सभी

24 08 2016

50.

3650

1981

संयोजन सईड

कkटग िचमटा

1 पीस

46000

37000

0.32

सभी

24 08 2016

51.

4003

1978

पाइप kरच (पाने)

भाग 1 सामाय

!योजन

1 पीस

46000

37000

0.36

सभी

24 08 2016

52.

4003

1986

पाइप kरच (पाने)

भाग 2 हैवी \ूटी

1 पीस

46000

37000

5.25

सभी

24 08 2016

53.

4123

1982

चेन पाइप kरच

(पाने)

1 पीस

46000

37000

5.25

सभी

24 08 2016

54.

4508

1992

खुले मुंह वाले

लग kरच (पाने)

1 पीस

46000

37000

0.5

सभी

24 08 2016

55.

4509

1992

लग करने वाले

छ ला kरच (पाने)

1 पीस

46000

37000

0.5

सभी

24 08 2016

56.

6078

1986

लाइनमैन का

िचमटा

1 पीस

46000

37000

0.12

सभी

24 08 2016

57.

6149

1984

Tसगल- इंडेड

ओपन जबड़ा

समायो;य kरच

(पाने)

1 पीस

46000

37000

0.42

सभी

24 08 2016

58.

6639

1972

इपात संरचनाn

के िलए ष`कोण

बोट

1 टन

46000

37000

सभी

24 08 2016

59.

6760

1972

ल*टेड

काउंटरसंक हेड

लकड़ी ू

1000

पीस

46000

37000

1.2

सभी

24 08 2016

60.

10238

2001

बंधन सामfी –

चूड़ीदार बंधन

सामfी –इ पात

संरचनाn हेतू

टेप काबले

1 टन

46000

37000

134

सभी

24 08 2016

61.

12102

1987

टेपड रोलर

बीयkरग

1 पीस

46000

37000

0.3

सभी

24 08 2016

62.

14261

1995

संचरण युि,यां –

वी-पhे –

औैoोिगक

!योजन* के िलये

िसराहीन संक8ण

वी-पhे – िविशिe

100

पीस

46000

37000

सभी

24 08 2016

63.

16176

2014

टेपर पाइप के

चूिडयW के िलए

रैचेड पाइप pेडर

1 सेट

46000

37000

सभी

24 08 2016

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5313

क8 िविशिe

(आर-सीरीज)

64.

IS 550

2014

ितजोGरयां भाग

1- िविशिe

1 पीस

46000

37000

173

सभी

24 08 2016

65.

1475

2001

से फ – क टे ड

पेयजल कूलर –

िविशिe – भाग 1

ऊजा खपत तथा

कायकाGरता

1 पीस

46000

37000

17.3

सभी

24 08 2016

66.

1660

2009

िपटवा

एयुिमिनयम के

बतन

1 टन

46000

37000

17.3

सभी

24 08 2016

67.

1855

2003

खान* म वेq टन

iारा और Z यि,-

रोहण iारा ढुलाई

के िलए लड़दार

इ पात के तार के

र से

1 टन

46000

37000

17.3

सभी

24 08 2016

68.

1856

2005

ढुलाई !योजन* के

इ तेमाल के िलए

इ पात क8 तार

रिसयW

1 टन

46000

37000

17.3

सभी

24 08 2016

69.

2266

2002

सामा य

इंजीिनयरी कायs

के िलए इ पात

तार के र से

1 टन

46000

37000

17.3

सभी

24 08 2016

70.

2347

2006

घरेलू !ेशर कुकर

पीस

46000

37000

0.87

सभी

24 08 2016

71.

2365

1977

1 टन

46000

37000

34.6

सभी

24 08 2016

72.

2581

2002

नौ-पGरवहन के

उoे1 य* के िलए

गोल लड़

ज तीकृत इ पात

वायर रोप

1 टन

46000

37000

34.6

सभी

24 08 2016

73.

2721

2003

ज तीकृत इ पात

चेन Tलक जेगले

का कपड़ा –

वग

मीटर

46000

37000

1.75

सभी

24 08 2016

74.

2980

1999

िबना-दाब टोव

–

1 पीस

46000

37000

0.27

सभी

24 08 2016

75.

3099

1992

सूt मदशu यंM -

िलप और

लाइड –

िविशिe

भाग 1 सूt मदशu

यंM िलप

भाग 2 सूt मदशu

यंM लाइड

500

पीस

46000

37000

1.75

सभी

24 08 2016

76.

3623

1978

गाइड और रगड़

रिसयाँ

1 टन

46000

37000

सभी

24 08 2016

77.

3686

1966

छाM !ाप

माइो कोप

1 पीस

46000

37000

3.5

सभी

24 08 2016

78.

3832

2005

ह तचािलत चैन

पुली K लाक –

1 पीस

46000

37000

17.3

सभी

24 08 2016

79.

4246

2002

@िवत पै<ोिलयम

गैस* के साथ

!यु? त घरेलू गैस

चू हे –

1 पीस

46000

37000

3.5

सभी

24 08 2016

5314

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

80.

4328

1967

एकनेMी

अवलोकन –

माइो कोप

1 पीस

46000

37000

3.5

सभी

24 08 2016

81.

4521

2001

तेल कूप* और तेल

कूप वेधन म

!यु? त वायर रोप

–

1 टन

46000

37000

103.7

सभी

24 08 2016

82.

5204

1969

अनुसंधान

माइोकोप

1 पीस

46000

37000

सभी

24 08 2016

83.

5456

2006

िनिvत िवwापन

टाइप वायु

कD !ैसर और

ए? जा टर के

परीPण – रीित

संिहता

1 पीस

46000

37000

सभी

24 08 2016

84.

5604

1984

हाथ से संचािलत

यूिनवसल

िगयरलेस पुTलग

और भारोxोलन

मशीन* के िलए

िविशिe

1 पीस

46000

37000

17.3

सभी

24 08 2016

85.

6595

1993

साफ और ठंडे

पानी के िलए

Pैितज उपके @ी

पंप भाग 2

सामा य !योजन

(कृिष और

fामीण पूXत को

छोड़कर) -

1 पीस

46000

37000

5.3

सभी

24 08 2016

86.

7577

1986

गैस परीPण लौ

सुरPा लyप

1 पीस

46000

37000

2.9

सभी

24 08 2016

87.

8034

2002

िनम; जनीय

पD पसेट -

1 पीस

46000

37000

17.3

सभी

24 08 2016

88.

8035

1999

हथ बरमे - उथला

कुंआ -

1 पीस

46000

37000

1.75

सभी

24 08 2016

89.

8275

1976

माइोकोप के

िलए िiनेMी

आईपीस

1 पीस

46000

37000

5.3

सभी

24 08 2016

90.

8421

1977

हाइSोिलक टेक

के िलए िविशिe

1 पीस

46000

37000

सभी

24 08 2016

91.

8471

2003

एिसGटलीन

जेनरेटर -

आव1यकताएँ

1 पीस

46000

37000

2520

सभी

24 08 2016

92.

8471

1977

एिसGटलीन

जनरेटर भाग 4

मRयम दबाव,

िथर, पानी से

काबाइड और

काबाइड से पानी

!कार के िलए

आव1यकताएँ

1 पीस

46000

37000

2520

सभी

24 08 2016

93.

8749

2002

बायोगैस टोव -

िविशिe

1 पीस

46000

37000

1.75

सभी

24 08 2016

94.

8808

1999

तेल दाब टोव

और तेल दाब

हीटर के िलए

बनर –

100

पीस

46000

37000

8.7

सभी

24 08 2016

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5315

95.

9282

2002

िनलD बन वाले

पुल* के िलए तार

के र से और लड़

1 टन

46000

37000

सभी

24 08 2016

96.

9798

2013

@िवत पै<ोिलयम

गैस (@. पै. गै)

िमdण के उपयोग

के िलए अल् पदाब

रेz यूलेटर -

1 पीस

46000

37000

0.44

सभी

24 08 2016

97.

9890

1981

सामाय !योजन

ग द वाव

1 पीस

46000

37000

0.7

सभी

24 08 2016

98.

10617

1983

वायुi संपीडको

के िलए िविशeता

- भाग 1: उ{

तापमान आवेदन

इतेमाल समूह

1 पीस

46000

37000

3.5

सभी

24 08 2016

99.

11006

2011

|लेश बैक अरे टर

(|लेम अरे टर) –

1 पीस

46000

37000

250

सभी

24 08 2016

100. IS

11188

2014

वा ट (कोष कP)

के दरवाजे भाग 1

िविशिe

1 पीस

46000

37000

288

सभी

24 08 2016

101. IS

11241

1985

वाqप दबाव पर

संचािलतवाले

पोट}बल तरलीकृत

पे<ोिलयम गैस

उपकरण

1 पीस

46000

37000

सभी

24 08 2016

102. IS

11501

1986

साफ, ठंड, कृिष

!योजन* के िलए

ताजा पानी के

िलए इंजन

मोनोसेट पं_स

1 पीस

46000

37000

17.3

1500

10.40

mai

nin

24 08 2016

103. IS

12109

1987

औoोिगक

उपयोग के िलए

हक8 \ूGट

िसलाई मशीन

हैड के िलए

सामाय

आव1यकताn

1 पीस

46000

37000

2.7

सभी

24 08 2016

104. IS

12225

1997

अपके @ी जेट

पD प –

1 पीस

46000

37000

8.7

सभी

24 08 2016

105. IS

12933

2003

सौर सपाट

पGट्टका संfाहक

– िविशिe भाग 1

अपेPाएं

1 वग

मीटर

46000

37000

10.4

सभी

24 08 2016

106. IS

13152

2013

सुवाहय ठोस

बायॉ मॉस

कुक टोव (चू हा)

1 पीस

46000

37000

0.52

सभी

24 08 2016

107. IS

13429

2000

सौर कुकर –

बॉ? स टाइप -

िविशिe भाग 1

अपेPाएं

1 पीस

46000

37000

सभी

24 08 2016

108. IS

15500

2004

गहराई से पानी

िनकालने वाले

हyड पंप म !यु? त

होने वाले पुज}

और िवशेष

औजार – िविशिe

– भाग 2 − हyड

पंप

1 पीस

46000

37000

5.3

सभी

24 08 2016

109. IS

15500

2004

गहराई से पानी

िनकालने वाले

हyड पंप म !यु? त

होने वाले पुज}

और िवशेष

औजार – िविशिe

100

पीस

46000

37000

13.9

(Fig

5.5,5.

सभी

24 08 2016

5316

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

– भाग 5 − काट

आयरन घटक

6), Rs

10.4

(Fig

5.4),

17.3 (

Fig

5.1,5.

2,5.3)

110. IS

15500

2004

गहराई से पानी

िनकालने वाले

हyड पंप म !यु? त

होने वाले पुज}

और िवशेष

औजार िविशिe

– भाग 6

−पीतल / कांय

घटक

100

पीस

46000

37000

8.7

(Fig

6.16,6

.2,6.1

5), Rs

3.5

(Fig

6.3,6.

9), Rs

7(Fig

6.10,6

.12,6.

4), Rs

20.8

(Fig

6.13),

5.3

(Fig

6.5),

10.4

(Fig

6.6),

15.6

(Fig

6.8),

13.9

(Fig

6.7),

2.7

(Fig

6.1.1),

17.3

(Fig

6.14),

2.6

(Fig

6.1)

सभी

24 08 2016

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5317

111. IS

15500

2004

गहराई से पानी

िनकालने वाले

हyड पंप म , !यु? त

होने वाले पुज}

और िवशेष

औजार िविशिe –

भाग 7– रबड़

घटक

100

पीस

46000

37000

1.75

(Fig

7.1,7.

2), Rs

3.5

(Fig

7.6,7.

7,7.9),

Rs 7

(Fig

7.8,7.

5,7.4,

7.12,7

.13,7.

14,7.1

5), Rs

10.4

(Fig

7.3),

5.3

(Fig

7.10,7

.11)

सभी

24 08 2016

112. IS

14220

1994

खुले कुएं के िलए

िनम; जय पD पसेट

1 पीस

46000

37000

17.3

200

mai

nin

24 08 2016

113. IS 303

1989

सामाय !योजन

के िलए _लाईवूड

1 वग

मीटर

46000

37000

0.17

सभी

24 08 2016

114. IS 363

1993

छपको और कुंड*

100

पीस

46000

37000

5.75

सभी

24 08 2016

115. IS 432

1982

ठोस सुदृढीकरण

के िलए इपात

तार: भाग 2 हाड

Sा€ टील के तार

1 टन

46000

37000

सभी

24 08 2016

116. IS 458

2003

पहले से ढला

कं8ट पाईप

(सुदृढीकरण के

िबना और साथ)

1 टन

46000

37000

8.7

सभी

24 08 2016

117. IS 459

1992

एबेटास सीमेट

क8 नालीदार और

अधः- नालीदार

सीमेट क8 चादरो

क8

1 टन

46000

37000

1.75

सभी

24 08 2016

118. IS 651

2007

कांचाभ

टोनवेयर पाइप

और 6फkटग -

1 टन

46000

37000

8.7

सभी

24 08 2016

119. IS 712

1984

ईमारती चुना

1 टन

46000

37000

1.75

सभी

24 08 2016

120. IS 781

1984

जल सेवाn मेन

!यु, काट

कॉपर िमd धातु

से बनी नीचे प च

िबब नल और

1 पीस

46000

37000

0.27

सभी

24 08 2016

5318

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

रोक वाव

121. IS 784

2001

पूव!बिलत ंक8ट

पाइप (िवशेष

सहायकांग

सिहत) -

1 टन

46000

37000

8.7

सभी

24 08 2016

122. IS 848

2006

_लाईवूड के िलए

संिशिलट र िजन

आसंजक

(6फनािलक एव

एमीनो_लािटक )

1 टन

46000

37000

सभी

24 08 2016

123. IS

1322

1993

जलसर और

नमसर बनाने क8

िलए िबटूमैन

नमदा -

100

मीटर

46000

37000

1.75

सभी

24 08 2016

124. IS

1328

1996

परतदार सजावटी

_लाईवूड -

1 वग

मीटर

46000

37000

0.2

सभी

24 08 2016

125. IS

1580

1991

जल सहकारक

और संिध

!योजन* के िलए

िबटूमन –

1 टन

46000

37000

8.65

सभी

24 08 2016

126. IS

1592

2003

एबेटास सीमेट

के दाब पाइप और

जोड़ -

1 टन

46000

37000

8.65

सभी

24 08 2016

127. IS

1658

2006

फाइबर हाडबोड

1 टन

46000

37000

8.7

सभी

24 08 2016

128. IS

1703

2000

पानी के िलए

6फkटग तांबा

िमdधातु के _लव

वाव (Pैितज

_लंजर !कार के )

1 पीस

46000

37000

0.36

सभी

24 08 2016

129. IS

1786

2008

ंक8ट !बलन के

िलए उ{ शि,

िविपत इपात

सGरए एव तार -

1 टन

46000

37000

सभी

24 08 2016

130. IS

1838

1983

ठोस फुटपाथ और

संरचनाn म

!सार जोड़ मे

!यु, पूविनXमत

भरन सामfी (गैर

बिहव}धी और

लचीला !कार) :

भाग 1 −

कोलतार पूGरत

फाइबर -

िविशeता

1 वग

मीटर

46000

37000

0.55

सभी

24 08 2016

131. IS

2096

1992

एबेटास सीमेट

क8 सपाट चादर

1 टन

46000

37000

सभी

24 08 2016

132. IS

2098

1997

एबेटास सीम ट

िबTडग बोड

1 टन

46000

37000

5.25

सभी

24 08 2016

133. IS

2202

1999

लकड़ी के सपाट

दरवाजे के शटर

(ठोस कोर !कार

) – िविशeी भाग

1 _लाईवुड

सतहयु, पले

(छठा पुनरीPण)

1 वग

मीटर

46000

37000

0.9

सभी

24 08 2016

134. IS

2373

1981

वाटर मीटर

(बक टाईप)

1 पीस

46000

37000

17.3

सभी

24 08 2016

135. IS 2386

1963

कं8ट समु{य के

िलए परीPण के

तरीके − भाग 3−

1 पीस

46000

37000

3.5

सभी

24 08 2016

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5319

िविशe गु‚ व,

घन व, शूयता,

अवशोषण और

बTकग

136. IS

2546

1974

जतीकृत टील

से बनी आग

बाटी के िलए

िविशeता

1 पीस

46000

37000

1.5

सभी

24 08 2016

137. IS

2556

1994

काचाभ वƒछता

ऊपकरण

(काचाभ चीनी

िमhी ) – आईएस

2556 (भाग 2)

के अनुसार वॉश

डाऊन वाटर

?लोजेट, S- <प;

बैठने पैन उड़ीसा

पैटन; वॉश

बेिसन- |लैट बैक

!कार; मूMालय-

|लैट बैक लाज

बाउल

1 टन

46000

37000

सभी

24 08 2016

138. IS

2556

1994

काचाभ वƒछता

सिचत क8

िविशeी (काचाभ

चीनी िमhी )

भाग 1 सामाय

अपाPऐ (तीसरा

पुनरीPण)

1 टन

46000

37000

सभी

24 08 2016

139. IS

2556

2004

काचाभ वƒछता

सािधM (काचाभ

चीनी िमhी ) –

िविशeी भाग 3

िबठाव कुंडो के

िलए िविशeी

अपाPऐ (

पाँचवाँ

पुनरीPण)

1 टन

46000

37000

सभी

24 08 2016

140. IS

2645

2003

सीमेट मोटार एव

ंक8ट के िलए

एक8कृत

जल-सह यौिगक

1 टन

46000

37000

17.3

सभी

24 08 2016

141. IS

2681

1993

तालो मे !यु,

अलोह धातु के

सरकवा दरवाजा

काबले

1 पीस

46000

37000

0.27

सभी

24 08 2016

142. IS

2692

1989

जल-सेवा फेल

1 पीस

46000

37000

0.55

सभी

24 08 2016

143. IS

2713

1980

ओवरहेड िबजली

लाइन* के िलए

Hूबलर टील के

खंभे

1 पीस

46000

37000

3.5

सभी

24 08 2016

144. IS

2745

1983

फायरमैन और

नागGरक रPा

कXमय* के िलए

गैर-धातु हेलमेट

के िलए िविशeता

1 पीस

46000

37000

0.55

सभी

24 08 2016

145. IS

2878

2004

अि. शामक,

काबन डाई

आ?साइड वाले (

सुवा† एव <ाली

1 पीस

46000

37000

1.75

सभी

24 08 2016

5320

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

आरोिपत )

146. IS

3087

2005

सामाय !योजन

के िलए लकड़ी

और अय

िल.ोसैयुलोिसक

सामfी के

पा‡टकल बोड

1 वग

मीटर

46000

37000

0.2

सभी

24 08 2016

147. IS

3097

2006

पृˆावGरत

पा‡टकल बोड -

1 वग

मीटर

46000

37000

0.2

सभी

24 08 2016

148. IS

3462

1986

असमXथत

लचीला पीवीसी

फश

1 वग

मीटर

46000

37000

0.22

सभी

24 08 2016

149. IS

3564

1995

@व चािलत डोर

?लोजर -

1 पीस

46000

37000

2.6

सभी

24 08 2016

150. IS

4038

1986

वाटर व?स

!योजन* के िलए

फुट वाव

1 पीस

46000

37000

1.75

सभी

24 08 2016

151. IS

4151

1993

दुपिहया वाहन

चालको के िलए

संरPी हेमेट

1 पीस

46000

37000

0.45

सभी

24 08 2016

152. IS

4308

2003

बी और सी ?लास

अि. शमन के

िलए शुqक

रासायिनक

पाउडर -

6कलो

fाम

46000

37000

0.2

सभी

24 08 2016

153. IS

4351

2003

टील के दरवाजो

के Fेम

1 टन

46000

37000

69.2

सभी

24 08 2016

154. IS

4860

1968

अDल - !ितरोधक

‰ट

100

पीस

46000

37000

सभी

24 08 2016

155. IS

4947

2006

अि. शामको मे

!यु, होने वाले

गैस का‡टज –

1 पीस

46000

37000

1.75

सभी

24 08 2016

156. IS

4948

2002

सामाय उपयोग

के िलए वेिडत

ईपात तार

फ़ैि>क -

1 टन

46000

37000

सभी

24 08 2016

157. IS

4984

1995

पानी क8 आपूXत

के िलए उ{

घन व वाले

पाXलएिथलीन

पाइप –

1 टन

46000

37000

86.4

सभी

24 08 2016

158. IS

4989

2006

आग बुझाने क8

िलए यांिMक झाग

बनाने

का झाग सां@ –

लीटर

46000

37000

0.2

सभी

24 08 2016

159. IS

5290

1993

लyTडग वाव –

1 पीस

46000

37000

3.5

सभी

24 08 2016

160. IS

5509 :

2000

अि.रोधी

|लाईवुड –

1 वग

मीटर

46000

37000

0.18

सभी

24 08 2016

161. IS

6003

2010

पूव !ितबिलत

ंक8ट मे !यु,

दातेदार तार

1 टन

46000

37000

10.4

सभी

24 08 2016

162. IS

6006

2014

पूव !ितबिलत

ंक8ट के िलए

तनाव रिहत

1 टन

46000

37000

20.8

सभी

24 08 2016

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5321

अलेिपत

टyड -

163. IS

6073

2006

फश व छतो के

ऑटो?लेिवत

!बिलत

कोिशक8य ंक8ट

लैब –

वग

मीटर

46000

37000

3.5

सभी

24 08 2016

164. IS

6315

1992

भारी दरवाजो के

िलए (@वचािलत

िनयंिMत ) फश

कमािनया –

1 पीस

46000

37000

5.25

सभी

24 08 2016

165. IS

6908

1991

जलमल तथा

िनकास काय^ के

िलए एबेटास

पाइपो

और 6फkटग

1 टन

46000

37000

सभी

24 08 2016

166. IS

8423

1994

अि. शमन के

िलए िनयंिMत

अंत:Œावी हौज –

100

मीटर

46000

37000

13.9

सभी

24 08 2016

167. IS

8442

2008

अि. शमन के

िलए टyड पोट

!कार के जल और

झाग मॉनीटर –

1 पीस

46000

37000

सभी

24 08 2016

168. IS

9562

1980

पुिलस बल के

िलए गैर-धातु

हेलमेट

1 पीस

46000

37000

0.42

सभी

24 08 2016

169. IS

9758

1981

|लश वाव और

पानी ?लोजेट

और मूMालय* के

िलए 6फkटग

1 पीस

46000

37000

3.5

सभी

24 08 2016

170. IS

9762

1994

_लव वावो के

िलए

पाXलएिथलीन

_लव* ( गोलाकार

)

100

पीस

46000

37000

3.5

सभी

24 08 2016

171. IS

9763

2000

गम तथा ठंडे

पानी के िलए

_लािटक क8 िबब

ट*Gटया, एंगल

वाव, रोक वाव

तथा फुहारक -

100

पीस

46000

37000

11.5

सभी

24 08 2016

172. IS

9972

2002

अि. संरPण सेवा

हेतु वचिलत

T!कलर हैड क8

1 पीस

46000

37000

1.2

सभी

24 08 2016

173. IS

10086

1982

सीम ट और कं8ट

के परीPण म

उपयोग के िलए

नए नए साँचे

1 पीस

46000

37000

1.75

सभी

24 08 2016

174. IS

10124

2009

पेय जल आपूXत

क8 िलए

सिवरंिचत पी वी

सी –यू 6फkटगे –

िविशeी भाग 1

सामाय अपेPाएँ

1 टन

46000

37000

69.2

सभी

24 08 2016

175. IS

10124

2009

पेय जल आपूXत

क8 िलए

सिवरंिचत पी वी

सी –यू 6फkटगे –

िविशeी भाग 2

साकेटो क8

िविशeी अपेPाए

1 टन

46000

37000

69.2

सभी

24 08 2016

5322

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

( दूसरा

पुनरीPण)

176. IS

12406

2003

सामाय !योजनो

क8 िलए मRयम

घन व के

रेशा बोड –

1 टन

46000

37000

17.3

2500

8.70

mai

nin

24 08 2016

177. IS

12592

2002

पूव ढिलत

कंकरीट मैनहोल

के ढन व Fेम

1 टन

46000

37000

10.4

सभी

24 08 2016

178. IS

12709

1994

पेय जल पूXत क8

िलए !यु, काँच

रेशे से !बिलत

_लािटक पाइप,

जोड़ और 6फkटग

6कलो

fाम

46000

37000

0.09

सभी

24 08 2016

179. IS

12817

2013

टेनलेस इपात

के टरदार कKजे

100

पीस

46000

37000

2.1

सभी

24 08 2016

180. IS

12818

2010

बोर/नलकूपो के

िलए अनDयकृत

पी वी सी जाली

और

आवरक पाइप -

1 टन

46000

37000

86.4

सभी

24 08 2016

181. IS

12894

2002

ईधन राख-चूने

क8 ईटे -

100

पीस

46000

37000

सभी

24 08 2016

182. IS

13000

1990

िसिलका

एबेटास सीमेट

क8 सपाट चाददेरे

1 टन

46000

37000

14.4

सभी

24 08 2016

183. IS

13958

1994

सामाय काय^ क8

िलए बांस का

चटाई बोड -

1 वग

मीटर

46000

37000

0.5

सभी

24 08 2016

184. IS

14845

2000

जलकल के िलए

रेजीिलएंट सीGटड

ढलवा लोहे के

वायु िनकास

वाव

पीस

46000

37000

12.2

सभी

24 08 2016

185. IS

14862

2000

फाइबर सीम ट क8

सपाट चादरे -

1 टन

46000

37000

1.75

सभी

24 08 2016

186. IS

14871

2000

फाइबर !बिलत

सीम ट के उ पाद

– छत व ?लैTडग

के िलए लंबी

नालीदार या

असमान काट क8

चादरे -

1 टन

46000

37000

सभी

24 08 2016

187. IS

14951

2001

135 िलटर क8

Pमता वाले

यांिMक झाग वाले

अि. शामक -

1 पीस

46000

37000

288

150

144

mai

nin

24 08 2016

188. IS

15658

2006

खंडजे के िलए पूव

ढिलत ंक8ट

Kलॉक -

100

पीस

46000

37000

सभी

24 08 2016

189. IS 302

2007

घेरलु और समान

िवघुत सािधMो

क8 सुरPा

1 पीस

46000

37000

1.3

सभी

24 08 2016

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5323

IEC

60335

-2-3

भाग 2

िववरणा मक

अपेPाऐ खंड 3

िवघुतइतरी

190. IS 302

IEC

60335

-2-30

2007

घेरलु और समान

िवघुत सािधMो

क8 सुरPा

भाग 2

िववरणा मक

अपेPाऐ अनुभाग

30 म हीटर

1 पीस

46000

37000

1.3

सभी

24 08 2016

191. IS 302

2008

घेरलु और समान

िवघुत सािधMो

क8 सुरPा

भाग 2 िवशेष

अपेPाऐ खंड

201 िबजली के

िनमŽय वाटर

हीटर

1 पीस

46000

37000

1.3

सभी

24 08 2016

192. IS

325/

IEC

60034

-1

1996

तीन फेज !ेरण

मोटर

6कलो

वाट

46000

37000

1.75

सभी

24 08 2016

193. IS 368

2014

पानी गरमाने के

डुबाउ हीटर

1 पीस

46000

37000

1.3

सभी

24 08 2016

194. IS 398

1992

िशरोपGर !ेषण

उददेश* के िलए

एलुिमिनयम

चालक – िविशeी

भाग 5 अितGर,

उ{ वोटता

(400 क8 वो और

अिधक ) के िलए

जतीकृत-इपात-

!बिलत

ऐयुिमिनयम के

चालक

1 टन

46000

37000

34.6

सभी

24 08 2016

195. IS 694

2010

450/750 वोट

क8 और तक क8

कायकाGरता

वोटता के िलए

दढ और लचीले

चालक वाली

पोलीिवनाइल

?लोरीइड से

िवघुत रोिधत

अनावGरत और

आवGरत केबल/

डोरी (चौथा

पुनरीPण)

100

मीटर

46000

37000

0.44

सभी

24 08 2016

196. IS

1258

2005

बेयोनेट

लैDपहोडर

100

पीस

46000

37000

2.6

सभी

24 08 2016

5324

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

197. IS

1554

1988

पीवीसी

िवoुतरोधी (हैवी

\ूटी) िबजली के

तार: भाग 1

कायकारी वोटेज

1000 V तक के

िलए

100

मीटर

46000

37000

4.4

सभी

24 08 2016

198. IS

1554

1988

पीवीसी

िवoुतरोधी (हैवी

\ूटी) िबजली के

तार: भाग 2

कायकारी वोटेज

3 केवी से 11

केवी तक के िलए

100

मीटर

46000

37000

17.3

सभी

24 08 2016

199.

2215/

IEC

60155

2006

!ितदी लैDप के

िलए टाटर

1000

पीस

46000

37000

10.4

सभी

24 08 2016

200. IS

2465

1984

मोटर वाहन* के

िलए केबल

100

मीटर

46000

37000

0.42

सभी

24 08 2016

201. IS

2512

1978

खिनक* क8 टोपी

के लैDपो के बैटरी

(लीड एिसड

!कार)

1 पीस

46000

37000

0.18

सभी

24 08 2016

202. IS

2596

2004

खिनक* क8 टोपी

के लैDपो के बब

(लैDप ) –

िविशeी

100

पीस

46000

37000

1.75

सभी

24 08 2016

203. IS

2705

1992

धारा <ांसफॉमर

– िविशeी

भाग 2 धारा

मापन <ांसफॉमर

1 पीस

46000

37000

सभी

24 08 2016

204. IS

2993/

IEC

252

1998

ए. सी. मोटर

कैपीसीटर

1 पीस

46000

37000

0.9

सभी

24 08 2016

205. IS

3323

1980

िiिपन Hूबलर

|लोरोस ट लyप के

िलए लैDप होडर

100

पीस

46000

37000

3.5

सभी

24 08 2016

206. IS

4159

2002

िमनरल 6फड

िसथेड तापन

एिलमेट –

1 पीस

46000

37000

1.75

सभी

24 08 2016

207. IS

4250

1980

घरेलू

िवoुतचिलत

खाo-िमdक

(िल6‘ड़ाईजर

और fा‰डर)

1 पीस

46000

37000

3.5

सभी

24 08 2016

208. IS

5679

1986

'खिनक कैप लyप

अस बली (लीड

एिसड !कार

बैटरी सिहत)

1 पीस

46000

37000

0.55

सभी

24 08 2016

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5325

209. IS

6701

1985

टंगटन 6फलाम ट

िविवध िबजली के

लyप

100

पीस

46000

37000

1.1

सभी

24 08 2016

210. IS

7098

2011

ासTलकड़

पॉलीथीलीन

िवघुत रोिधत

थमा_लािटक क8

खोल वाली केबल

– िविशeी

भाग 2 3.3 6क.

वा. से 33 6क.

वा. तक क8

कायकारी

वोटता के िलए

100

मीटर

46000

37000

17.3

सभी

24 08 2016

211. IS

7372

1995

मोटर वाहनो के

िलए सीसा-अDल

क8 भंडारण

बैटGरया –

1 पीस

46000

37000

0.9

सभी

24 08 2016

212. IS

7809/

IEC

60454

-2

1986

दबाव संवेदनशील

िचपकने वाला

िवoुत !योजन*

के िलए

इसुलेkटग टेप -

भाग 3: अलग-

अलग सामfी के

िलए

आव1यकताएँ -

खंड 1: गैर-

थम^सेkhग ग*द

सिहत

_लािटसाइ;ड

?लोराइड टेप

100

रॉल

46000

37000

0.9

5000

0.55

बाँक8

सभी

24 08 2016

213. IS

8144

1997

ब“!योजी शुqक

बैटGरया –

1000

पीस

46000

37000

1.75

सभी

24 08 2016

214. IS

8309

1993

िवघुत रोिधत

केबल* के

एयुिमिनयम

संचालको के

संपीड़न टाइप के

लाइनगत

कने?टर*

1 टन

46000

37000

346

सभी

24 08 2016

215. IS

8448

1989

घरेलू उपयोग के

िलए वचािलत

लाइन-वोटता

करै?टर (सोपान

टाइप )

पीस

46000

37000

1.75

सभी

24 08 2016

216. IS

8783

1995

िनमŽन मोटर*

के वाइंTडग तार –

िविशeी

भाग 4 अलग-

अलग तारो क8

िविशeी

अनुभाग 1 एच

आर पीवीसी

रोिधत तार

100

मीटर

46000

37000

0.38

100000

0.19

बाँक8

सभी

24 08 2016

217. IS

8978

1992

पानी गम करने के

इंट ट हीटरो क8

िविशeी

पीस

46000

37000

1.75

सभी

24 08 2016

218. IS

9283

2013

िनमŽन पDपसेटो

के िलए

6कलो

46000

37000

1.75

5000

1.35

100

0.9

बाँक8

सभी

24 08 2016

5326

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

वाट

219. IS

9537

1981

िवoुत अिधˆापन

के िलए

पाइपलाइन :

भाग 2 कठोर

इपात

पाइपलाइन

100

मीटर

46000

37000

1.75

सभी

24 08 2016

220. IS

9857

1990

वैTडग केबलस -

100

मीटर

46000

37000

4.4

सभी

24 08 2016

221. IS

9926

1981

Gरवायारेबल

!कार के िबजली

म !यु, |यूजके

िलए वायर 650

वोट तक

6कलो

fाम

46000

37000

0.3

सभी

24 08 2016

222. IS

9968

1988

इलाटोमर िवघुत

रोधी केबल* भाग

1 100 वोट तक

कायकारी वोटेज

के िलए

100

मीटर

46000

37000

0.42

सभी

24 08 2016

223. IS

9968

2002

इलाटोमर िवघुत

रोधी केबल* क8

िविशeी

भाग 2 3.3

6कवो से 33

6कवो तक क8

कायकारी

वोटता के िलए

100

मीटर

46000

37000

17.3

सभी

24 08 2016

224. IS

10322

1985

!दीपक भाग 5

िववरणा मक

अपेPाऐ

अनुभाग 1 िथर

सामाय !याजक*

के !दीपक

1पीस

46000

37000

1.75

सभी

24 08 2016

225. IS

10322

2012

!दीपक भाग 5

िववरणा मक

अपेPाऐ

अनुभाग 2

Gरसेड !दीपक

1पीस

46000

37000

3.5

सभी

24 08 2016

226. IS

10322

1987

!दीपक भाग 5

िववरणा मक

अपेPाऐ

अनुभाग 3 सड़क

और गली के

!काश के िलए

!दीपक)

1पीस

46000

37000

3.5

सभी

24 08 2016

227. IS

11037

1984

इले?<ॉिनक

!कार पंखा

रेzयुलेटर

1पीस

46000

37000

1.75

सभी

24 08 2016

228. IS

12615

2011

ऊजा दP !ेरण

मोटरे – तीन

फेजी िकयेरल

केज

6कलो

वाट

46000

37000

1.75

सभी

24 08 2016

229. IS

13466

1992

िवघुत मशीन* के

>ुश -

100

पीस

46000

37000

4.4

सभी

24 08 2016

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5327

230. IS

13584

1993

िबजली क8

मशीनरी के िलए

>ुश सामfी -

6कलो

fाम

46000

37000

0.36

सभी

24 08 2016

231. IS

13730

2012

िवशेष !कार क8

कुंडलण तारो क8

िविशिeया

भाग 3 पोलीटर

अनेमिलत गोल

कापर क8 तारे,

वग 155

1 टन

46000

37000

57.6

सभी

24 08 2016

232. IS

13730

IEC

60317

-8 :

2010

2014

िवशेष !कार क8

कुंडलण तारो क8

िविशिe

भाग 8

पोलीएटेरीमाईड

इनैमिलड ताँबा

तारे, वग 180

1 टन

46000

37000

57.6

सभी

24 08 2016

233. IS

13730

IEC

6037-

1999

िवशेष !कार क8

कुंडलण तारो क8

िविशिeया

भाग 45

पोलीएटर

इनैमल ताँबे के

तार, वग 130

1 टन

46000

37000

57.6

सभी

24 08 2016

234. IS

14768

2003

िवघुत संथापन

के िलए निलक

6फkटग – िविशिe

भाग 2 धातु

6फkटग

100

पीस

46000

37000

3.5

सभी

24 08 2016

235. IS

14930

2001

िवघुत संथापनो

के िलए क\ूट

!णाली

भाग 1 िवशेष

अपेPाएं – भूिम

के नीचे गाढ़ी गई

क\ूट !णाली

100

मीटर

46000

37000

8.1

सभी

24 08 2016

236. IS/IEC

60079

: Part

1 :

2007

[earlie

r IS

2148:

2004]

2007

िवफोटी

पयावरण भाग 2

;वालासह

आवरण “D” iारा

उपकरण संरPण

1 पीस

46000

37000

1.75

सभी

24 08 2016

237. IS/IEC

60079

: Part

11 :

2006

[earlie

r IS

5780:

2006

िवफोटी

पयावरण भाग

11 आंतGरक

सुरPा “I” iारा

उपकरण संरPण

1 पीस

46000

37000

17.3

सभी

24 08 2016

5328

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

2002]

238. IS

10775

1984

शरीर समतर

dवण मशीन

1 पीस

46000

37000

1.45

सभी

24 08 2016

239. IS

16127

2013

कान के पीछे

लगाए जाने वाले

dवण सहायक

यंM – िडिजटल

1 पीस

46000

37000

सभी

24 08 2016

240.

1610

2000

घरेलू िसला◌ाई

क8 मशीन –

सामा य अपेPाएं

1 पीस

73000

42000

1.75

सभी

24 08 2016

241. IS

14769

2000

घरेलू िसलाई क8

मशीन हैड –

सामा य अपेPाएं

1 पीस

64000

37000

1.6

सभी

24 08 2016

242. IS

2712

1998

गै कट तथा

पैAकग – संपीिडत

ऐ बसटस रेशा

जोड़

1000

6कलो

fाम

65000

53000

4.4

सभी

24 08 2016

243. IS

1269

1997

माप िवwान –

लD बाई मापन

उपकरण भाग 1

धाि वक तथा

कWच रेश* का

बुना “आ मापन

टेप

100

मीटर

60000

49000

0.32

सभी

24 08 2016

244. IS

1269

1997

माप िवwान –

लD बाई मापन

उपकरण भाग 2

इ पात का मापन

टेप

100

मीटर

60000

49000

0.32

सभी

24 08 2016

245. IS

2269/

ISO

4762

2006

षटकोणी सॉकेट

शीष टोपी वाले

पेच

1 टन

61000

50000

सभी

24 08 2016

246. IS

12427

2001

बंधन सामfी –

चूड़ीदार इ पात

बंधन सामfी

षटकोणीय शीष

वाले सD !ेषण

टावर काबले

1 टन

57000

46000

सभी

24 08 2016

247. IS

1710

1989

साफ ठंडे पानी के

िलए ऊR व

टबाइन िमिdत

और अिPय !वाह

पD प* क8

1पीस

63000

51000

2750

बाँक8

सभी

24 08 2016

248. IS

3196

2013

अ प दाब

@वणीय गैस* के

िलए 5 िलटर से

अिधक जल

Pमता वाले

बेिडत अ प

काबन इ पात के

िसTलडर भाग 1

@िवत पैट^िलयम

गैस (एल पी जी)

के िलए िसTलडर

1पीस

136000

96000

3.5

50000

2.65

बाँक8

सभी

24 08 2016

249. IS

3196

2006

अ प दाब

@वणीय गैस* के

िलए 5 िलटर से

अिधक जल

Pमता वाले

वेिडत अ प

काबन इ पात के

िसTलडर भाग 2

एल पी जी के

अलावा @वणीय

1पीस

136000

96000

3.5

50000

2.65

बाँक8

सभी

24 08 2016

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5329

अिवषालु गैस* के

िलए िसTलडर

250. IS

3196

2001

अ प दाब @वमाप

गैस* के िलए 5

िलटर से अिधक

जल Pमता वाले

वेिडत अ प

काबन इ पात के

िसTलडर -

िविशिe भाग 4

आिवषालु और

संPारक गैस* के

िलए िसTलडर

1पीस

136000

96000

10.4

सभी

24 08 2016

251. IS

7142

1995

5 लीटर से

अनिधक

जलवाली

अ पदाब @ववीय

गैस* के िलये

बे डकृत अ प

काबन इ पात के

िसTलडर

1पीस

136000

96000

2.65

50000

1.75

बाँक8

सभी

24 08 2016

252. IS

7285

2004

6फर से भरे जा

सकने वाले जोड़

रिहत इ पात के

गैस िसTलडर –

िविशिe भाग 1

!सामा यीकृत

इ पात िसले डर

1पीस

136000

96000

10.4

सभी

24 08 2016

253. IS

7285

2004

6फर से भरे जा

सकने वाले जोड़

रिहत इ पात के

गैस िसTलडर –

िविशिe भाग 2

1100 एमपीए

(112

केजीएफ/वग

एमएम) से कम

क8 न यता

साम• य वाले

इ पात के ? व ƒ ड

और टैD पर

िसले डर

1पीस

136000

96000

10.4

सभी

24 08 2016

254. IS

7312

1993

वे ड 6कए तथा

जोड़ सिहत

इ पात के घुली

एिसGटलीन के

गैस िसTलडर

1पीस

136000

96000

10.4

सभी

24 08 2016

255. IS

12586

1998

13 िलटर पानी

क8 धाGरता से

अनिधक >ेिजत

िनD न काबन

इ पात के गैस

िसले डर है

1पीस

136000

96000

1.75

सभी

24 08 2016

256. IS

13258

2014

अ प दाब

@वणीय गैस* के

िलए 5 िलटर से

अिधक जल

Pमता वाले

वेिडत अ प

काबन इ पात के

िसTलडर -

उपयोग 6कये

जाने वाले

एलपीजी

िसTलडर* के

पुनवuयन और

िनरीPण क8

अपेPाएं

1पीस

72000

59000

2.65

सभी

24 08 2016

257. IS 14106 -

1996

! यP 6या

हyडपD प

1पीस

58000

47000

8.7

सभी

24 08 2016

5330

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

258. IS

14203

1999

अि. !ितरोधी

अिभलेख संरPण

केिबनेट

1पीस

91000

75000

सभी

24 08 2016

259. IS

14561

2014

अि. !ितरोधी

(उq मारोधी)

फाइTलग केिबनेट

1पीस

91000

75000

सभी

24 08 2016

260. IS

14899

2014

वचल उपयोग के

िलए @िवत

पै<ोिलयम गैस

(एल पी जी) के

धारक

1पीस

136000

96000

सभी

24 08 2016

261. IS

15100

2001

मोटर वाहन* म

!यु? त थायी

प से बने @िवत

पै<ोिलयम गैस

आधान* के िलए

ब“!कायि मक

वा व असेD बली

1पीस

71000

59000

2.3

सभी

24 08 2016

262. IS

15449

2004

धरेलू !योजन* के

िलए िजग-जैग

िसलाई मशीन

हैड – भाग 1 :

सामा य

आव1 यकताएं

1पीस

75000

62000

सभी

24 08 2016

263. IS

15490

/ ISO

9809-

2004

वाहन* के िलए

‰धन के प म

संपीि़डत

!ाकृितक गैस के

ऑन-बोड भंडारण

के िलए िसले डर

1पीस

136000

96000

10.4

सभी

24 08 2016

264. IS

15500

2004

गहराई से पानी

िनकालने वाले

हथबरमे, !यु? त

होने वाले पुज}

और िवशेष

औजार –

अस

बली

67000

55000

3.75

सभी

24 08 2016

265. IS

16014

2012

यांिMक पBित से

बुनी दोहरी

एंGठत, षटकोणीय

तार मैश गेिबयन,

Gरवेट मै<स एवं

राक फाल नykटग

(जितकृत इ पात

तार एवं पीवीसी

चढ़ी जितकृत

इ पात क8 तार)

100

6कलो

fाम

94000

78000

15.28

सभी

24 08 2016

266. IS

8110

2000

कूप जािलय* और

खांिचत पाइप -

मीटर

76000

62000

1.2

सभी

24 08 2016

267. IS

8418

1999

पD प – अपके @ी

– वत: !ाइTमग

–

1पीस

64000

52000

सभी

24 08 2016

268. IS

11552

2008

75 लीटर तक क8

Pमता के @व

नाइ<ोजन आधान

1पीस

99000

82000

सभी

24 08 2016

269. IS 774

2004

अfेजी टGटय* व

मूMालयो के िलए

!धावन टं6कया

(_लािटक क8

टं6कयो को

छोड़कर) –

1पीस

73000

42000

3.5

सभी

24 08 2016

270. IS 902

1992

अि. शमन काय^

के िलए चूषण

होज युzमन -

1पीस

65000

52000

सभी

24 08 2016

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5331

271. IS 907

1984

अि. शमन मेन

!यु, बेलनाकार

!कार के स?शन

झ˜ा

1पीस

61000

49000

6.4

सभी

24 08 2016

272. IS 952

2012

फायर ि>fेड मे

!योग होने वाले

फाग नौजल -

1पीस

56000

45000

8.8

सभी

24 08 2016

273. IS

1489

1991

पोटलैड

पोजोलना सीमेट

– िविशeी

भाग 2

िनतािपत िमhी

आधाGरत

(चौथा पुनरीPण)

1 टन

64000

45000

सभी

24 08 2016

274. IS

2185 :

2005

ंक8ट क8 िचनाई

वाली इकाइया –

िविशeी भाग 1

खोखले एव ठोस

ंक8ट Kलॉक

(तीसरा

पुनरीPण)

1 टन

82000

75000

26.8

सभी

24 08 2016

275. IS

2871

2012

अि. शमन के

िलए सव6दश

शाखा पाइप

1पीस

93000

73000

4.2

सभी

24 08 2016

276. IS

3466

1988

िचनाई सीम ट

1 टन

64000

45000

सभी

24 08 2016

277. IS

3513 :

1989

रेिजन ऊपचाGरत

को!ेड परतदार

लकड़ी (कोD!ेzस)

– भाग 3 सामाय

!योजन हेतु

1 वग

मीटर

71000

59000

3.5

सभी

24 08 2016

278. IS

3812 :

2013

चूण ईधन क8

राख – िविशeी

भाग 1 सीमेट,

सीमेट के मसाले

(मोटार) व ंक8ट

मे पोजोलना के

तरह !योग के

िलए (तीसरा

पुनरीPण)

1 टन

71000

59000

9.2

सभी

24 08 2016

279. IS

4835

1979

लकड़ी के िलए

पोिलिवनाईल

एसीटेट िवPेपण

आधाGरत ग*द

1 टन

102000

85000

सभी

24 08 2016

280. IS

4985 :

2000

पेय जल क8 पूXत

के िलए

असुघGटयत

पी. वी. सी.

पाइप –

1 टन

58000

47000

86.4

सभी

24 08 2016

281. IS

4989

2003

हाइSोकाबन और

घुवी िवलायक क8

आग बुझाने क8

िलए ब“!योगी

जलीय 6फम

बनाने वाले झाग

एव सां@ -

6कलो

लीटर

86000

74000

220

सभी

24 08 2016

282. IS

8042

2015

सफेद पोटलyड

सीम ट

1 टन

64000

45000

सभी

24 08 2016

283. IS

9103

1999

ंक8ट

एडिम?सचर –

6कलो

लीटर/

1टन

65000

50000

सभी

24 08 2016

5332

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

284. IS

9271

2004

िनकास के िलए

असुघGटत

पोिलिवनाइल

कलोराइड एकल

दीवार वाले

नालीदार पाइपे –

1 टन

81000

69000

सभी

24 08 2016

285. IS

10701

2012

<?चरल

|लाईवुड

1 वग

मीटर

103000

85000

0.15

सभी

24 08 2016

286. IS

11833

1986

धातु आग के िलए

शुqक पाउडर

अि.शामक यंM

1पीस

65000

53000

800

बाँक8

सभी

24 08 2016

287. IS

12701

1996

पानी के भ™डार

हेतु _लािटक

टं6कयां

100

लीटर

80000

60000

1.1

सभी

24 08 2016

288. IS

12866

1989

तापhढ़

पोिलएटर रेिजन

( काँच रेशा

!बिनत ) से

बनाई गई

_लािटक क8

पारभाषी चाददेरे

1 वग

मीटर

84000

66000

0.7

सभी

24 08 2016

289. IS

13114

1991

जल-कल !योजन

के िलए गढाई

वाले तांबा

िमसधातु के गेट,

zलोब और रोक

वाव

1पीस

58000

47000

0.6

सभी

24 08 2016

290. IS

14268

1995

पूव !ितबिलत

ांक8ट के िलए

अलिपत कम

िशिथलीन वाले

सात-_लाई के

टyड

1 टन

100000

84000

34.6

सभी

24 08 2016

291. IS

14276

1995

Cement

Bonded

Particle

Boards

1 वग

मीटर

58000

47000

0.18

सभी

24 08 2016

292. IS

14333

1996

High Density

Polyethylene

Pipe For

Sewerage

6कलो

fाम

100000

84000

0.22

सभी

24 08 2016

293. IS

14399

1996

Hot Press

Moulded

Thermosettin

g Glass Fibre

Reinforced

Polyester

Resin (GRP)

Sectional

Water

Storage

Tanks

6कलो

fाम

65000

53000

0.36

सभी

24 08 2016

294. IS

14402

1996

Glass Fibre

Reinforced

Plastics

(GRP) Pipes

Joints And

Fittings For

use for

6कलो

fाम

65000

53000

0.15

सभी

24 08 2016

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5333

Sewerage,

Industrial

Waste and

Water ( other

than Potable)

295. IS

14609

1999

Dry Chemical

Powder For

Fighting

A,B,C, Class

Fires -

6कलो

fाम

64000

51000

0.16

सभी

24 08 2016

296. IS

14616

1999

Laminated

Veneer

Lumber

मीटर³

81000

69000

सभी

24 08 2016

297. IS

14735

1999

Unplasticized

Polyvinyl

Chloride

(UPVC)

Injection

Moulded

Fittings For

Soil And

Waste

Discharge

System For

Inside And

Outside

Buildings

Including

Ventilation

And Rain

Water System

100

पीस

76000

62000

12.5

सभी

24 08 2016

298. IS

14885

2001

गैसीय ईधन क8

पूXत के िलए

पािलइथाइलीन

पाइप

1 टन

112000

96000

सभी

24 08 2016

299. IS

14933

2001

अि. शमन काय^

के िलए उ{ दाब

वाले होज -

मीटर

71000

59000

1.8

सभी

24 08 2016

300. IS

15155

2002

अतर व लेपन

वाले सGरये/तार

से िलपटे “ए

इपात के

बेलनाकर पाइप

(िवशेष

सहायकांग

सिहत ) -

1 टन

71000

59000

सभी

24 08 2016

301. IS

15265

2003

कृिष पंप* क8

चूषण और

िवतरण लाइन* के

िलए पौिलमर

!बिलत ताप

सुघटय अथवा

नDय पी वी सी

पाइप -

1 टन

115000

96000

180

सभी

24 08 2016

302. IS

15328

2003

दाब-रिहत

भूिमगत जल

िनकास एव

भवनो के बाहर

मल-जल Zवसथा

मे !यु,

अ_लािटकृत

1 टन

88000

72000

सभी

24 08 2016

5334

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

पोिलवीनाईल

?लोराईड

(पी॰वी॰सी॰ यू)

पाईप

303.

15380

2003

मोलडेड उठा “आ

उ{ घन व

फाइबर

(एमडीएफ) से

बने पैनल

दरवाजे

1 वग

मीटर

71000

59000

2.2

सभी

24 08 2016

304.

15450

2004

त और अनत

जल क8 पूXत के

िलए

पॉलीएिथलीन

एयुिमिनयम/

पॉलीएिथलीन

सिमš दाब पाइपे

100

मीटर

92000

79000

सभी

24 08 2016

305.

15476

2004

बाँस क8 चटाई

क8 नालीदार

चादरे

1 वग

मीटर

90000

74000

1.5

सभी

24 08 2016

306.

15622

2006

!ैड िसरैिमक

टाइले

1 वग

मीटर

113000

94000

3.8

27000

1.90

270

0.95

बाँक8

सभी

24 08 2016

307.

15683

2006

अि.-शामक –

कायकाGरता और

िनमाण -

1 पीस

108000

90000

सभी

24 08 2016

308.

15778

2007

त और अत

पेय जल िवतरण

jवथा के िलए

?लोरीनकृत

पॉलीिवनायल

?लोराइड

(सीपीवीसी)

पाइप

1 टन

189000

158000

सभी

24 08 2016

309.

15786

2008

!ीलेिमनेGटड

सीम ट आबB

पा‡टकल बोड -

1 वग

मीटर

101000

84000

0.3

सभी

24 08 2016

310.

15801

2008

त और अत

जल jवथा के

िलए

पॉली!ोपलीन-

रेडम कोपोलीमर

पाइप -

1 टन

160000

134000

सभी

24 08 2016

311.

16088

2012

वचािलत

T!कलर

अि.शमन तंM के

िलए ?लोरीनकृत

पॉलीिवनायल

?लोराइड

(सीपीवीसी)

पाइप -

1 टन

140000

117000

400

सभी

24 08 2016

312.

16098

2013

गैर-दबाव जल

िनकासी और

सीवरेज के िलए

संरिचत – दीवार

_लािटक

पाइTपग पBितया

– िविशeीभाग 1

िचकनी बाहरी

सतह के साथ

पाइप और

6फkटग, टाइप ए

1 टन

189000

159000

174

सभी

24 08 2016

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5335

313. IS

16098

2013

गैर-दबाव जल

िनकासी और

सीवरेज के िलए

संरिचत – दीवार

_लािटक

पाइTपग पBितया

– िविशeीभाग 2

गैर-िचकनी

बाहरी सतह के

साथ पाइप और

6फkटगे, टाइप बी

100

मीटर

209000

176000

सभी

24 08 2016

314. IS 335

1993

नये िवघुत रोधन

तेल

6कलो

लीटर

86000

71000

8.7

सभी

24 08 2016

315. IS 418

2004

घेरलु और ऐसे ही

सामाय !काश

!योजन* के िलए

टंगटन 6फलाम ट

लैDप

100

पीस

57000

46000

0.9

सभी

24 08 2016

316. IS

1180

2014

बाहय-रंग तेल

इDमेस}ड िवतरण

<ांसफॉमर तक

2500 kVA, 33

KV – िविशeी

भाग 1 िमनरल

तेल – िनिमिŽत

kVA

142000

114000

सभी

24 08 2016

317. IS

1709

1984

इलेि?<क फैन

मोटस के िलए

कैपैसीटस

1पीस

88000

72000

0.07

सभी

24 08 2016

318. IS

2418

1977

Hूबलर

|लोरोस ट !काश

सामाय सेवा के

िलए लyप - भाग

1 आव1यकताएँ

और परीPण

1पीस

80000

60000

0.06

सभी

24 08 2016

319. IS

2997

1964

वायु !सारक

टाइप के िबजली

के पंखे और

रेzयुलेटर

1पीस

65000

53000

7.2

सभी

24 08 2016

320. IS

6365

1971

!योगशाला

िबजली ओवन

1पीस

85000

68000

सभी

24 08 2016

321. IS

7098

1993

अनु!थ जुड़े “ए

पौलीइथाइलीन

िवघुतरोधी ताप

थायी ढके केबल

– िविशeी

भाग 3 66 6क.

वो. से 220 6क.

वो. तक क8

कायकारी

वोटता के िलए

मीटर

81000

78000

3.5

सभी

24 08 2016

322. IS

9836

1981

›यूज़

1पीस

88000

72000

7.8

सभी

24 08 2016

323. IS

9974

1981

उ{ दबाव

सोिडयम वाqप

लyप: भाग 1

सामाय

आव1यकताय

और परीPण

1पीस

88000

72000

1.75

सभी

24 08 2016

5336

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

324. IS

11879

1986

इलेि?<क टीम

कुकर

1पीस

65000

53000

2.7

सभी

24 08 2016

325. IS

12463

1988

इनिहिबटेड

िमनरल

िवoुतरोधी तेल

6कलो

लीटर

73000

60000

144

सभी

24 08 2016

326. IS

12640

2008

घेरलू एंव समान

!योजन* के िलए

अविशe करंट

चािलत सकट

िवयोजक भाग 1

समे6कत

अितधारा संरPण

रिहत सकट

िवयोजक

1पीस

112000

96000

5.3

सभी

24 08 2016

327. IS

12640

2008

घेरलू एंव समान

!योजन* के िलए

अविशe करंट

चािलत सकट

िवयोजक भाग 2

समे6कत

अितधारा संरPण

सिहत सकट

िवयोजक

1पीस

112000

96000

5.3

सभी

24 08 2016

328. IS

13010

2002

एसी वाट घंटा

मीटर, ?लास

0.5, 1 एव 2 –

1पीस

58000

47000

0.42

10000

0.3

100

000

0.18

बाँक8

सभी

24 08 2016

329. IS

13021

1991

निलकाकार

!ितदी बिxय*

के िलए ए सी

आपूXत वाले

इलै?<ोिनक8

बैलाट –

िविशeी भाग 1

सामाय एव

सुरPा अपेPाएं

1पीस

58000

47000

2.7

सभी

24 08 2016

330. IS

13021

1991

निलकाकार

!ितदी बिxय*

के िलए ए सी

आपूXत वाले

इलै?<ोिनक8

बैलाट –

िविशeी

भाग 2

कायकाGरता

अपेPाएं

1पीस

73000

60000

2.7

सभी

24 08 2016

331. IS

13340

1993

ए सी िवघुत तंMो

के िलए वत:

ठीक होने वाले

650 वोट क8

रेGटत वोटता के

संट संधाGरत -

kVA

[add

prod

uctio

with

1358

5 1)

& IS

1392

5(1)

58000

47000

0.9

सभी

24 08 2016

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5337

332.

13585

1994

औघोिगक

ऑटोमेशन पBित

एव संघटन –

पा`स लाइ>री

भाग 1 संिP

िववरण एव

मूलभूत िसBात

kVA

[add

prod

uctio

with

1334

0) &

1392

5(1)

58000

47000

0.9

सभी

24 08 2016

333.

13703

/IEC

269-2

1993

1000 वो० ए सी

अथवा 1500

वो० डी सी से

अनिधक वोटता

के िलये अप

वोटता |यूजो

क8 िविशeी भाग

2 !ािधकृत

jि,यो दुवरा

उपयोग के िलये

|यूज अनुभाग 1

अनुपूरक अपेPाएं

100

पीस

65000

53000

5.3

सभी

24 08 2016

334.

13779

1999

ए सी थैितक

घंटा मीटर, वग 1

और 2 – िविशeी

पीस

181000

157000

1.32

सभी

24 08 2016

335.

14255

1995

वायवीय गुिƒछत

केबल – 1100

वोट तक और

सिहत क8

कायवारी वोटता

के िलए –

िविशeी

100

मीटर

146000

129000

12.4

सभी

24 08 2016

336.

14927

2001

िवघुत संथापन

के िलए केबल

तनाव और

वािहनी पBित

भाग 2 केबल

तनाव एव

वािहनी पBित –

दीवार* पर या

सीTलग पर लगाने

के िलए वांिछत

100

मीटर

58000

47000

2.1

सभी

24 08 2016

337.

15111

2002

जनरल !काश

सेवाn के िलए

वत: बालाटकृत

लyप (भाग -1 एवं

भाग -2)

100

पीस

166000

147000

5000

16.5

बाँ

क8

सभी

24 08 2016

338.

15111

2002

सामाय !काश

jवथाओ के

िलए वत:

बालाटकृत लैDप

भाग 1 सुरPा

अपेPाएं

100

पीस

166000

147000

5000

16.5

बाँ

क8

सभी

24 08 2016

339. IS

15111

2002

सामाय !काश

jवथाओ के

िलए वत:

100

पीस

166000

147000

5000

16.5

बाँ

क8

24 08 2016

5338

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

बालाटकृत लैDप

भाग 2

कायकाGरता

अपेPाएं

सभी

340. IS

15652

2006

िवघुत !योजन*

के िलए

िवघुतरोधी मैट

1 वग

मीटर

75000

62000

सभी

24 08 2016

341. IS

15787

2008

इंटरलॉक रिहत

िवच-सॉकेट

आउटलेट

1 टन

56000

46000

सभी

24 08 2016

342. IS

15884

2010

! यावतu 6दe

धारा स6य ऊजा

के िलए संयोिजत

थैितक

पूवभुगतान मीटर

( dेणी 1 तथा 2)

–

1पीस

332000

280000

सभी

24 08 2016

343. IS

16103

2012

सामाय !काश

jवथा के िलए

एल ई डी

मौडयूल भाग 2

कायकाGरता

अपेPाएं

1पीस

460000

389000

4.6

सभी

24 08 2016

344. IS/IEC

60898

: Part

1 :

2002

[earlie

r IS

8828:

1996]

2002

िवघुत उपकर –

घरेलू और समान

संथापन* के िलए

ओवरकरंट से

सुरPा हेतु

पGरपथ िवयोजक

भाग 1 ! यावतu

धारा के !चालन

के िलए पGरपथ

िवयोजक

1पीस

73000

60000

0.27

सभी

24 08 2016

345. IS/IEC

60947

: Part

3 :

1999

[earlie

r IS

13947

(Pt.

3):199

1999

िनŸ-वोटता के

िवचिगयर और

िनयंMणिगयर

भाग 3 िवच,

िवयोजक, िवच

िवयोजक और

|यूज़ संयोजक

इकाईया

1पीस

58000

47000

0.9

सभी

24 08 2016

346. IS/IEC

60947

: Part

4 :

Sec 1

: 2000

[earlie

r IS

13947

(4/1):1

993]

2000

िनŸ-वोटता के

िवचिगयर और

िनयंMणिगयर

भाग 4 क*टै?टर

और मोटर टटर

अनुभाग 1

िवघुतयांिMक

क*टै?टर और

मोटर टटर

1पीस

58000

47000

0.27

सभी

24 08 2016

347. IS/IEC

60947 :

Part 5 :

Sec 1 :

2003

[earlier

2003

िनŸ-वोटता के

िवचिगयर और

िनयंMणिगयर

भाग 5 पGरपथ

िनयंMण उपकरण

और िवTचग

घटक अनुभाग 1

1पीस

58000

47000

0.42

सभी

24 08 2016

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5339

13947

(5/1):

1993]

िवघुत-यांिMक

पGरपथ िनयंMण

उपकरण

348. IS

9167

1979

कान रPक

100

पीस

68000

56000

3.4

सभी

24 08 2016

349. IS

9281

1981

इले?<ॉिनक वजन

िसटम - भाग 3

आव1यकताn

1पीस

61000

49000

सभी

24 08 2016

350. 13098

2012

वचल वाहन –

वायवीय टायर*

के िलए Hूब –

1पीस

90000

77000

0.5

10000

0.35

100

000

0.15

बाँक8

सभी

24 08 2016

351. 15627

2005

वचल वाहन –

दुपिहया और

ितपिहया मोटर

वाहन* के िलए

वाितल टायर

1पीस

243000

204000

0.5

10000

0.35

100

000

0.15

बाँक8

सभी

24 08 2016

352. 15633

2005

वचल वाहन –

सवारी कार* के

िलए वाितल

टायर – आड़ी

और रेिडयल

_ लाई –

1पीस

258000

217000

10000

1.5

100

000

1.35

बाँक8

सभी

24 08 2016

353. 15636

2012

वचल वाहन –

Z यावसाियक

वाहनो के िलए

वाितल टायर

आड़ी और

रेिडयल _ लाई –

1पीस

242000

203000

10000

1.5

100

000

1.35

बाँक8

सभी

24 08 2016

354. 1884

1993

वचल वाहन –

इलेि?<क हॉन

1पीस

58000

47000

0.36

सभी

24 08 2016

355. 5029

1979

िबतर

, अपताल,

सामाय !योजन

1पीस

65000

53000

17.3

सभी

24 08 2016

356. 7620

1986

नैदािनक

िच6क सा ए?स-रे

उपकरण - भाग

1: जनरल और

सुरPा

आव1यकताn

1पीस

58000

47000

260

सभी

24 08 2016

357. 8462

1977

क8टाणुनाशक यंM

, पोट}बल,

कायPेM, दबाव

!कार

1पीस

58000

47000

सभी

24 08 2016

358. 9165

1992

श यक उपकरण-

सीवन सुइयW

भाग 2 ख

वाली सुइयW –

आकार, आकृित

और आयाम

1000

पीस

73000

60000

43.2

सभी

24 08 2016

359. 16111

2013

इलािटक पhी

100

मीटर

54000

43000

सभी

24 08 2016

[संदभ' : सीएमडी - 3/8:8]

पी. एम. पंतूलू, वै*ािनक एफ एवं उपमहािनदेशक (माणन)

MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION

(Department of Consumer Affairs)

(BUREAU OF INDIAN STANDARDS)

5340

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

New Delhi, the 22nd November, 2016

S.O. 2311.—In pursuance of sub-regulation (3) of regulation 6 of the Bureau of Indian Standards (Certification)

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

schedule:

SCHEDULE

Sl.

No.

IS No.

Year

Product

Units

MMF(Rs.)

Unit

Rate

Slab-1

Fee

(Rs.)

Units

Slab-1

Unit

Rate

Slab -

(Rs.)

Units

Slab-2

Unit

Rate

Slab 3

(Rs.)

Units

Slab-3

Effective

date

MSM

7347

1974

Performance of

Small Size

Spark Ignition

Engines for

agricultural

sprayers and

similar

applications

1 piece

46000

37000

2.2

All

24 08 2016

10001

1981

Performance

Requirements

for Constant

Speed

Compression

ignition (diesel)

engines for

general

purposes (up to

20 kW)

1 piece

46000

37000

17.3

1500

10.4

Remai

ning

24 08 2016

11170

1985

Performance

Requirements

for Constant

Speed

Compression

Ignition

(Diesel)

Engines For

Agricultural

Purposes (Up

to 20 kw)

1 piece

46000

37000

17.3

1500

10.4

Remai

ning

24 08 2016

7079

2008

Automotive

vehicles -

Brake hose

assemblies for

hydraulic

braking

systems used

with non-

petroleum base

brake fluid

100

piece

46000

37000

8.7

All

24 08 2016

623

2008

Bicycle-

Bicycle

Frames

100

piece

46000

37000

3.5

All

24 08 2016

624

2003

Bicycles -

Rims

100

piece

46000

37000

3.5

All

24 08 2016

2061

1995

Bicycle - Front

Forks

100

piece

46000

37000

3.5

All

24 08 2016

2415

2015

Cycle - Rubber

Tubes

(Moulded/Joint

ed)

100 Pcs

46000

37000

1.75

All

24 08 2016

6218

2008

Bicycle –

Mudguards

100 pair

46000

37000

4.4

All

24 08 2016

10.

3236

1992

Hypodermic

Syringes For

General

Purposes

100

piece

46000

37000

5.25

All

24 08 2016

11.

3319

1995

Blades,

Surgical,

Detachable

(Bard Parker

Type) And

Handles

1000

piece

46000

37000

10.4

All

24 08 2016

12.

3829

1999

Horizontal

Cylindrical

And Horizontal

Rectangular

1 piece

46000

37000

103.7

All

24 08 2016

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5341

Steam

Sterilizers,

Pressure Type

(For Hospital

And

Pharmaceutical

Use)

13.

3829

1978

Steam

Sterilizers -

Part 2 :

Horizontal

Cylindrical

High Speed

Steam

Sterilizers,

Pressure Type

1 piece

46000

37000

103.7

All

24 08 2016

14.

3829

1985

Steam

Sterilizers -

Part 3 :

Pressure

Sterilizers,

Vertical

Cylindrical

Type

1 piece

46000

37000

103.7

All

24 08 2016

15.

3830

1979

Water Stills

For Pyrogen-

Free Distilled

Water

1 piece

46000

37000

103.7

All

24 08 2016

16.

3831

1979

Sterilizer,

Shallow

(Dressing

Drum)

1 piece

46000

37000

1.75

All

24 08 2016

17.

3992

1982

Trays, Kidney

1 piece

46000

37000

0.18

All

24 08 2016

18.

3993

1993

Trays,

Instruments

1 piece

46000

37000

0.42

All

24 08 2016

19.

4266

1967

Lockers,

Bedside For

Hospital Use

1 piece

46000

37000

2.5

All

24 08 2016

20.

4381

1967

Pathological

Microscope

1 piece

46000

37000

8.7

All

24 08 2016

21.

4533

1995

Suction

Apparatus

1 piece

46000

37000

10.4

All

24 08 2016

22.

5022

1989

Sterilizers,

Instruments

(Table Model)

1 piece

46000

37000

1.75

All

24 08 2016

23.

5035

1969

Sterilizers,

Bowl And

Utensil (Pedal

Type)

1 Piece

46000

37000

140

All

24 08 2016

24.

5143

1988

Adjustable

Axillary

Crutches

1 Piece

46000

37000

0.35

All

24 08 2016

25.

5291

1969

Tables,

Operation,

Hydraulic,

Major

1 piece

46000

37000

103.7

All

24 08 2016

26.

5405

1980

Sanitary

Napkins

1000

piece

46000

37000

All

24 08 2016

27.

7454

1991

Rehabilitation

Equipment -

Wheelchairs,

Folding, Adult

Size

1 piece

46000

37000

4.35

All

24 08 2016

28.

7652

1988

Sphygmomano

meter, Aneroid

Type

1 piece

46000

37000

3.5

All

24 08 2016

29.

8086

1991

REHABILITA

TION

EQUIPMENT -

WHEELCHAI

RS, FOLDING,

JUNIOR SIZE

1 piece

46000

37000

4.35

All

24 08 2016

30.

8088

1976

TRICYCLE,

HAND

PROPELLED

1 piece

46000

37000

6.8

All

24 08 2016

31.

9471

1980

Modular Lower

Limb Orthotic

Components -

Part II :

Stirrups, Split

1 piece

46000

37000

0.03

All

24 08 2016

5342

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

32.

9471

1980

Modular Lower

Limb Orthotic

Components -

Part III :

Stirrup Plates

1 piece

46000

37000

All

24 08 2016

33.

9471

1980

Modular Lower

Limb Orthotic

Components -

Part IV : Joint

Unit, Ankle

1 piece

46000

37000

0.3

All

24 08 2016

34.

9471

1980

Modular Lower

Limb Orthotic

Components -

Part V : Joint

Unit, Knee

1 piece

46000

37000

0.5

All

24 08 2016

35.

9471

2000

Modular Lower

Limb Orthotic

Components -

Part 6 :

Orthotic Hip

Joint (Joint

Unit, Hip Drop

Lock)

1 piece

46000

37000

1.5

All

24 08 2016

36.

9471

2000

Modular Lower

Limb Orthotic

Components -

Part 7 :

Orthotic Joint

Bars, Ankle

And Knee

(Upper and

Lower)

1 piece

46000

37000

0.05

All

24 08 2016

37.

11279

1985

Braille Slate

1 piece

46000

37000

All

24 08 2016

38.

11378

2002

Anaesthetic

Machines For

Use With

Humans

1 piece

46000

37000

260

All

24 08 2016

39.

11569

1986

Cervical Collar

1 piece

46000

37000

0.2

All

24 08 2016

40.

11646

1986

Cane For

Visually

Handicapped -

Part 2 : Folding

Type

1 piece

46000

37000

0.5

All

24 08 2016

41.

11708

1986

Hand,

Mechanical

1 piece

46000

37000

All

24 08 2016

42.

12664

2003

Artificial

Limbs - Sach

Foot For Lower

Extremity

Prostheses -

Part 1 : Design

And

Dimensions

1 piece

46000

37000

0.55

All

24 08 2016

43.

14429

1997

Braille

Shorthand

Machine,

1 piece

46000

37000

All

24 08 2016

44.

IS 1363

2002

Hexagon Head

Bolts, Screws

And Nuts Of

Product Grade

Part 1 Hexagon

Head Bolts

(Size Range M

5 To M 64)

1 ton

46000

37000

All

24 08 2016

45.

IS 1363

2002

Hexagon Head

Bolts, Screws

And Nuts Of

Product Grade

Part 3 Hexagon

Nuts(Size

Range M 5 To

M 64)

1 ton

46000

37000

All

24 08 2016

46.

IS 1364

2002

Hexagon Head

Bolts, Screws

And Nuts Of

Product Grades

A and B- Part

1: Hexagon

Head Bolts

1 ton

46000

37000

All

24 08 2016

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5343

(Size Range M

1.6 To M 64)

47.

IS 1370

1993

Transmission

Belting -

Friction

Surface Rubber

Belting

10 m²

46000

37000

3.5

All

24 08 2016

48.

IS 1759

1986

Powrahs

100

piece

46000

37000

3.5

All

24 08 2016

49.

IS 1929

1982

Hot Forged

Steel Rivets

For Hot

Closing (12 To

36 mm

Diameter)

1 ton

46000

37000

22.7

All

24 08 2016

50.

IS 3650

1981

Combination

Side Cutting

Pliers

1 piece

46000

37000

0.32

All

24 08 2016

51.

IS 4003

1978

Pipe Wrenches

Part 1 Gneral

Purpose

1 piece

46000

37000

0.36

All

24 08 2016

52.

IS 4003

1986

Pipe Wrenches

Part 2 Heavy

Duty

1 piece

46000

37000

5.25

All

24 08 2016

53.

IS 4123

1982

Chain Pipe

Wrenches

1 piece

46000

37000

5.25

All

24 08 2016

54.

IS 4508

1992

Open Ended

Slugging

Wrenches

(Spanners)

1 piece

46000

37000

0.5

All

24 08 2016

55.

IS 4509

1992

Ring Slugging

Wrenches

(Spanners)

1 piece

46000

37000

0.5

All

24 08 2016

56.

IS 6078

1986

Lineman's

Pliers

1 piece

46000

37000

0.12

All

24 08 2016

57.

IS 6149

1984

Single-Ended

Open-Jaw

Adjustable

Wrenches

1 piece

46000

37000

0.42

All

24 08 2016

58.

IS 6639

1972

Hexagon Bolts

For Steel

Structures

1 ton

46000

37000

All

24 08 2016

59.

IS 6760

1972

Slotted

Countersunk

Head Wood

Screws

1000

piece

46000

37000

1.2

All

24 08 2016

60.

IS 10238

2001

Fasteners -

Threaded Steel

Fastener - Step

Bolts for Steel

Structures

1 ton

46000

37000

134

All

24 08 2016

61.

IS 12102

1987

Tapered Roller

Bearings

1 piece

46000

37000

0.3

All

24 08 2016

62.

IS 14261

1995

Transmission

Devices - V-

Belts -Endless

Narrow V -

Belts for

Industrial Use

100

piece

46000

37000

All

24 08 2016

63.

IS 16176

2014

Ratchet Pipe

Threader For

Taper Pipe

Threads (R-

Series)

1 Set

46000

37000

All

24 08 2016

64.

IS 550

2014

Safes Part 1

1 piece

46000

37000

173

All

24 08 2016

65.

IS 1475

2001

Self-Contained

Drinking Water

Coolers - Part 1

Energy

Consumption

And

Performance

1 piece

46000

37000

17.3

All

24 08 2016

66.

IS 1660

2009

Wrought

Aluminium

Utensils

1 ton

46000

37000

17.3

All

24 08 2016

5344

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

67.

IS 1855

2003

Stranded Steel

Wire Ropes

For Winding

And Man

Riding

Haulages In

Mines

1 ton

46000

37000

17.3

All

24 08 2016

68.

IS 1856

2005

Steel Wire

Ropes For

Haulage

Purposes

1 ton

46000

37000

17.3

All

24 08 2016

69.

IS 2266

2002

Steel Wire

Ropes For

General

Engineering

Purposes

1 ton

46000

37000

17.3

All

24 08 2016

70.

IS 2347

2006

Domestic

Pressure

Cookers

1 piece

46000

37000

0.87

All

24 08 2016

71.

IS 2365

1977

Steel Wire

Suspension

Ropes For

Lifts, Elevators

And Hoists

1 ton

46000

37000

34.6

All

24 08 2016

72.

IS 2581

2002

Round Strand

Galvanized

Steel Wire

Ropes For

Shipping

Purpose

1 ton

46000

37000

34.6

All

24 08 2016

73.

IS 2721

2003

Galvanized

Steel Chain

Link Fence

Fabric

10 m²

46000

37000

1.75

All

24 08 2016

74.

IS 2980

1999

Non-Pressure

Stoves

1 piece

46000

37000

0.27

All

24 08 2016

75.

IS 3099

(

)

1992

Microscopes-

Slips And

Slides-

Specification

Part 1

Microscope

Slips

Part 2

Microscope

Slides

500

piece

46000

37000

1.75

All

24 08 2016

76.

IS 3623

1978

Guide and

Rubbing Ropes

1 ton

46000

37000

All

24 08 2016

77.

IS 3686

1966

Student-Type

Microscope

1 piece

46000

37000

3.5

All

24 08 2016

78.

IS 3832

2005

Hand-Operated

Chain Pulley

Blocks

1 piece

46000

37000

17.3

All

24 08 2016

79.

IS 4246

2002

Domestic Gas

Stoves For Use

With Liquefied

Petroleum

Gases

1 piece

46000

37000

3.5

All

24 08 2016

80.

IS 4328

1967

Monocular

Dissecting

Microscope

1 piece

46000

37000

3.5

All

24 08 2016

81.

IS 4521

2001

Wire Ropes

Used in Oil

Wells and Oil

Well Drilling

1 piece

46000

37000

103.7

All

24 08 2016

82.

IS 5204

1969

Research

Microscope

1 piece

46000

37000

All

24 08 2016

83.

IS 5456

2006

Testing of

Positive

Displacement

Type Air

Compressors

and Exhausters

- Code of

Practice

1 piece

46000

37000

All

24 08 2016

84.

IS 5604

1984

Specification

For Hand-

Operated

1 piece

46000

37000

17.3

All

24 08 2016

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5345

Universal

Gearless

Pulling and

Lifting

Machines

85.

IS 6595

1993

Horizontal

Centrifugal

Pumps For

Clear, Cold

Water: Part 2

General

Purposes Other

Than

Agricultural

and Rural

Water Supply

1 piece

46000

37000

5.3

All

24 08 2016

86.

IS 7577

1986

Gas Testing

Flame Safety

Lamps

1 piece

46000

37000

2.9

All

24 08 2016

87.

IS 8034

2002

Submersible

Pumpsets

1 piece

46000

37000

17.3

All

24 08 2016

88.

IS 8035

1999

Handpump -

Shallow Well

1 piece

46000

37000

1.75

All

24 08 2016

89.

IS 8275

1976

Binocular

Eyepieces For

Microscope

1 piece

46000

37000

5.3

All

24 08 2016

90.

IS 8421

1977

Specification

For Hydraulic

Props

1 piece

46000

37000

All

24 08 2016

91.

IS 8471

2003

Acetylene

Generators -

Requirements

1 piece

46000

37000

2520

All

24 08 2016

92.

IS 8471

1977

Requirements

For Acetylene

Generators Part

4 Medium

Pressure,

Stationary, of

Water-to-

Carbide and

Carbide-to-

Water Type

1 piece

46000

37000

2520

All

24 08 2016

93.

IS 8749

2002

Biogas Stove

1 piece

46000

37000

1.75

All

24 08 2016

94.

IS 8808

1999

Burners For Oil

Pressure Stoves

and Oil

Pressure

Heaters

100

piece

46000

37000

8.7

All

24 08 2016

95.

IS 9282

2002

Wire Ropes

and Strands for

Suspension

Bridges

1 ton

46000

37000

All

24 08 2016

96.

IS 9798

2013

Low Pressure

Regulators for

Use With

Liquefied

Petroleum Gas

(LPG)

Mixtures

1 piece

46000

37000

0.44

All

24 08 2016

97.

IS 9890

1981

General

Purpose Ball

Valves

1 piece

46000

37000

0.7

All

24 08 2016

98.

IS 10617

1983

Specification

For Hermetic

Compressors -

Part 1 : High

Temperature

Application

Group

1 piece

46000

37000

3.5

All

24 08 2016

99.

IS 11006

2011

Flash Back

Arrestor

(Flame

Arrestor)

1 piece

46000

37000

250

All

24 08 2016

100.

IS 11188

2014

Vault (Strong

Room) Doors

Part 1

1 piece

46000

37000

288

All

24 08 2016

101.

IS 11241

1985

Portable

Liquefied

Petroleum Gas

Appliances

Operating At

1 piece

46000

37000

All

24 08 2016

5346

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

Vapour

Pressure

102.

IS 11501

1986

Engine

Monoset

Pumps for

Clear, Cold,

Fresh Water

For

Agricultural

Purposes

1 piece

46000

37000

17.3

1500

10.4

Remai

ning

24 08 2016

103.

IS 12109

1987

General

Requirements

For Light Duty

Sewing

Machine Heads

For Industrial

Use

1 piece

46000

37000

2.7

All

24 08 2016

104.

IS 12225

1997

Centrifugal Jet

Pump

1 piece

46000

37000

8.7

All

24 08 2016

105.

IS 12933

2003

Solar Flat Plate

Collector - Part

1 :

Requirements

1 m²

46000

37000

10.4

All

24 08 2016

106.

IS 13152

2013

Portable Solid

Bio-Mass

Cookstove

(Chulha)

1 piece

46000

37000

0.52

All

24 08 2016

107.

IS 13429

2000

Solar Cooker -

Box Type -

Part 1 :

Requirements

1 piece

46000

37000

All

24 08 2016

108.

IS 15500

2004

Deepwell

Handpumps

Components

and Special

Tools-

Handpumps

1 piece

46000

37000

5.3

All

24 08 2016

109.

IS 15500

2004

Deepwell Hand

pumps

Components

and Special

Tools-Cast Iron

Components

100

piece

46000

37000

Rs 13.9

(Fig

5.5,5.6),

Rs 10.4

(Fig

5.4), Rs

17.3

(Fig

5.1,5.2,

5.3)

All

24 08 2016

110.

IS 15500

2004

Deepwell

Handpumps

Components

and Special

Tools-

Brass/Bronze

Components

100

piece

46000

37000

Rs 8.7

(Fig

6.16,6.

6.15),

Rs 3.5

(Fig

6.3,6.9

), Rs

7(Fig

6.10,6.

12,6.4)

, Rs

20.8

(Fig

6.13),

Rs 5.3

(Fig

6.5),

10.4

(Fig

6.6),

15.6

(Fig

6.8),

13.9

(Fig

6.7),

Rs 2.7

All

24 08 2016

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5347

(Fig

6.1.1),

17.3

(Fig

6.14),

Rs 2.6

(Fig

6.1)

111.

IS 15500

2004

Deepwell

Handpumps

Components

and Special

Tools-Rubber

Components

100

piece

46000

37000

1.75

(Fig

7.1,7.2

), Rs

3.5

(Fig

7.6,7.7

,7.9),

Rs 7

(Fig

7.8,7.5

,7.4,7.

12,7.1

3,7.14,

7.15),

10.4

(Fig

7.3),

Rs 5.3

(Fig

7.10,7.

11)

All

24 08 2016

112.

IS 14220

1994

Openwell

Submersible

Pumpsets

1 piece

46000

37000

17.3

200

Remai

ning

24 08 2016

113.

IS 303

1989

Plywood For

General

Purposes

1 m²

46000

37000

0.17

All

24 08 2016

114.

IS 363

1993

Hasps And

Staples

100

piece

46000

37000

5.75

All

24 08 2016

115.

IS 432

1982

Mild Steel and

Medium

Tensile Steel

Bars and Hard-

Drawn Steel

Wire for

Concrete

Reinforcement:

Part 2 Hard-

Drawn Steel

Wire

1 ton

46000

37000

All

24 08 2016

116.

IS 458

2003

Precast

Concrete Pipes

(with and

without

Reinforcement)

1 ton

46000

37000

8.7

All

24 08 2016

117.

IS 459

1992

Corrugated and

semi-

Corrugated

Asbestos

Cement Sheets

1 ton

46000

37000

1.75

All

24 08 2016

118.

IS 651

2007

Glazed

Stoneware Pipe

and Fittings

1 ton

46000

37000

8.7

All

24 08 2016

119.

IS 712

1984

Building Limes

1 ton

46000

37000

1.75

All

24 08 2016

120.

IS 781

1984

Cast Copper

Alloy Screw

Down Bib Taps

And Stop

Valves for

Water Services

1 piece

46000

37000

0.27

All

24 08 2016

121.

IS 784

2001

Prestressed

Concrete Pipes

(Including

Fittings)

1 ton

46000

37000

8.7

All

24 08 2016

122.

IS 848

2006

Specification

for Synthetic

Resin

Adhesives for

1 ton

46000

37000

All

24 08 2016

5348

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

Plywood

(Phenolic And

Aminoplastic))

123.

IS 1322

1993

Bitumen Felts

for Water

Proofing and

Damp-proofing

100 m

46000

37000

1.75

All

24 08 2016

124.

IS 1328

1996

Veneered

Decorative

Plywood

1 m²

46000

37000

0.2

All

24 08 2016

125.

IS 1580

1991

Bituminous

Compound For

Water-proofing

And Caulking

Purposes

1 ton

46000

37000

8.65

All

24 08 2016

126.

IS 1592

2003

Asbestos

Cement

Pressure Pipes

and Joints

1 ton

46000

37000

8.65

All

24 08 2016

127.

IS 1658

2006

Fibre

Hardboards

1 ton

46000

37000

8.7

All

24 08 2016

128.

IS 1703

2000

Water Fittings -

Copper Alloy

Float Valves

(Horizontal

Plunger Type)

1 piece

46000

37000

0.36

All

24 08 2016

129.

IS 1786

2008

High strength

deformed steel

bars and wires

for concrete

reinforcement

1 ton

46000

37000

All

24 08 2016

130.

IS 1838

1983

preformed

fillers for

expansion joint

in concrete

pavement and

structures (non

extruding and

resilient type):

Part 1 Bitumen

impregnated

fibre

1 m²

46000

37000

0.55

All

24 08 2016

131.

IS 2096

1992

Asbestos

cement flat

sheets

1 ton

46000

37000

All

24 08 2016

132.

IS 2098

1997

Asbestos

Cement

Building

Boards

1 ton

46000

37000

5.25

All

24 08 2016

133.

IS 2202

1999

Wooden Flush

Door Shutters

(solid Core

Type): Part 1

Plywood Face

Panels

1 m²

46000

37000

0.9

All

24 08 2016

134.

IS 2373

1981

Water Meters

(Bulk Type)

1 piece

46000

37000

17.3

All

24 08 2016

135.

IS 2386

1963

Methods of test

for aggregates

for concrete

Part 3 Specific

gravity,

density, voids,

absorption and

bulking

1 piece

46000

37000

3.5

All

24 08 2016

136.

IS 2546

1974

Specification

for galvanized

mild steel fire

bucket

1 piece

46000

37000

1.5

All

24 08 2016

137.

IS 2556

1994

Vitreous

Sanitary

Appliances

(Vitreous

China)

1ton

46000

37000

All

24 08 2016

138.

IS 2556

1994

Vitreous

Sanitary

Appliances

(vitreous

China): Part 1

General

Requirements

1ton

46000

37000

All

24 08 2016

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5349

139.

IS 2556

2004

Vitreous

Sanitary

Appliances

(Vitreous

China) - - Part

3: Specific

Requirements

of Squatting

Pans

1ton

46000

37000

All

24 08 2016

140.

IS 2645

2003

Integral

Waterproofing

Compounds for

Cement Mortar

and Concrete

1ton

46000

37000

17.3

All

24 08 2016

141.

IS 2681

1993

Non-ferrous

metal sliding

door bolts

(aldrops) for

use with

padlocks

1 piece

46000

37000

0.27

All

24 08 2016

142.

IS 2692

1989

Ferrules For

Water Services

1 piece

46000

37000

0.55

All

24 08 2016

143.

IS 2713

1980

Tubular Steel

Poles for

Overhead

Power Lines

1 piece

46000

37000

3.5

All

24 08 2016

144.

IS 2745

1983

Specification

for Non-Metal

Helmet for

Firemen and

Civil Defence

Personnel

1 piece

46000

37000

0.55

All

24 08 2016

145.

IS 2878

2004

Fire

Extinguisher,

Carbon

Dioxide Type

(Portable and

Trolley

Mounted)

1 piece

46000

37000

1.75

All

24 08 2016

146.

IS 3087

2005

Practicle

boards of wood

and other

lingnocellulosi

c materials

(medium

density) for

general

purposes

1 m²

46000

37000

0.2

All

24 08 2016

147.

IS 3097

2006

Veneered

Particle Boards

1 m²

46000

37000

0.2

All

24 08 2016

148.

IS 3462

1986

Unbacked

Flexible PVC

Flooring

1 m²

46000

37000

0.22

All

24 08 2016

149.

IS 3564

1995

Hydraulically

Regulated Door

Closers

1 piece

46000

37000

2.6

All

24 08 2016

150.

IS 4038

1986

Foot Valves

For Water

Works

Purposes

1 piece

46000

37000

1.75

All

24 08 2016

151.

IS 4151

1993

Protective

Helmets For

Motorcycle

Riders.

1 piece

46000

37000

0.45

All

24 08 2016

152.

IS 4308

2003

Dry Chemical

Powder For

Fighting B And

C Class Fires

1 kg

46000

37000

0.2

All

24 08 2016

153.

IS 4351

2003

STEEL DOOR

FRAMES -

1 ton

46000

37000

69.2

All

24 08 2016

154.

IS 4860

1968

ACID-

RESISTANT

BRICKS

100

piece

46000

37000

All

24 08 2016

155.

IS 4947

2006

GAS

CARTRIDGES

FOR USE IN

FIRE

EXTINGUISH

ERS

1 piece

46000

37000

1.75

All

24 08 2016

156.

IS 4948

2002

Welded Steel

1 ton

46000

37000

All

24 08 2016

5350

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

Wire Fabric

For General

Use

157.

IS 4984

1995

high density

polyethylene

pipes for

potable water

supplies

1 ton

46000

37000

86.4

All

24 08 2016

158.

IS 4989

2006

Foam

Concentrate for

producing

mechanical

foam for fire

fighting

1 Litre

46000

37000

0.2

All

24 08 2016

159.

IS 5290

1993

Landing Valves

1 piece

46000

37000

3.5

All

24 08 2016

160.

IS 5509 :

2000

Fire Retardant

Plywood

1m²

46000

37000

0.18

All

24 08 2016

161.

IS 6003

2010

Indented Wire

For Prestressed

Concrete

1 ton

46000

37000

10.4

All

24 08 2016

162.

IS 6006

2014

Uncoated

Stress Relieved

Strand For

Prestressed

Concrete

1 ton

46000

37000

20.8

All

24 08 2016

163.

IS 6073

2006

Autoclaved

Reinforced

Cellular

Concrete Floor

And Roof

Slabs

10 m²

46000

37000

3.5

All

24 08 2016

164.

IS 6315

1992

Floor springs

(hydraulically

regulated) for

heavy doors

1 piece

46000

37000

5.25

All

24 08 2016

165.

IS 6908

1991

asbestos

cement pipes

and fittings for

sewerage and

drainage

1 ton

46000

37000

All

24 08 2016

166.

IS 8423

1994

Controlled

Percolating

Hose For Fire

Fighting

100 m

46000

37000

13.9

All

24 08 2016

167.

IS 8442

2008

Stand Post

Type Water

And Foam

Monitor For

Fire Fighting

1 piece

46000

37000

All

24 08 2016

168.

IS 9562

1980

Non-Metal

Helmet For

Police Force

1 piece

46000

37000

0.42

All

24 08 2016

169.

IS 9758

1981

Flush Valves

And Fittings

For Water

Closets and

Urinals

1 piece

46000

37000

3.5

All

24 08 2016

170.

IS 9762

1994

Polyethylene

Floats

(Spherical) For

Float Valves

100

piece

46000

37000

3.5

All

24 08 2016

171.

IS 9763

2000

Plastics Bib

Taps, Pillar

Taps, Angle

Valves and

Stop Valves for

Hot and Cold

Water Services

100

piece

46000

37000

11.5

All

24 08 2016

172.

IS 9972

2002

Automatic

Sprinkler

Heads for Fire

Protection

Service

1 piece

46000

37000

1.2

All

24 08 2016

173.

IS 10086

1982

Moulds For

Use In Tests Of

Cement And

Concrete

1 piece

46000

37000

1.75

All

24 08 2016

174.

IS 10124

2009

Fabricated

PVC-U Fittings

for Potable

Water Supplies

1 ton

46000

37000

69.2

All

24 08 2016

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5351

- Specification

Part 1 General

Requirements

175.

IS 10124

2009

Fabricated

PVC-U Fittings

for Potable

Water Supplies

- Specification

Part 2 Specific

Requirements

for Sockets

1 ton

46000

37000

69.2

All

24 08 2016

176.

IS 12406

2003

Medium

Density Fibre

Boards for

General

Purpose

1 ton

46000

37000

17.3

2500

8.70

Remai

ning

24 08 2016

177.

IS 12592

2002

Precast

Concrete

Manhole Cover

and Frame

1 ton

46000

37000

10.4

All

24 08 2016

178.

IS 12709

1994

Glass Fibre

Reinforced

Plastic (Grp)

Pipes Joints

And Fittings

For Use For

Potable Water

Supply

1 kg

46000

37000

0.09

All

24 08 2016

179.

IS 12817

2013

STAINLESS

STEEL BUTT

HINGES

100

piece

46000

37000

2.1

All

24 08 2016

180.

IS 12818

2010

UNPLASTICI

ZED

POLYVINYL

CHLORIDE

(PVC-U)

SCREEN AND

CASING

PIPES FOR

BORE/TUBE

WELLS

1 ton

46000

37000

86.4

All

24 08 2016

181.

IS 12894

2002

Pulverized

Fuel Ash-Lime

Bricks

100

piece

46000

37000

All

24 08 2016

182.

IS 13000

1990

SILICA-

ASBESTOS-

CEMENT

FLAT

SHEETS

1 ton

46000

37000

14.4

All

24 08 2016

183.

IS 13958

1994

Bamboo Mat

Board For

General

Purposes

1 m²

46000

37000

0.5

All

24 08 2016

184.

IS 14845

2000

RESILIENT

SEATED

CAST IRON

AIR RELIEF

VALVES FOR

WATER

WORKS

PURPOSES -

1 piece

46000

37000

12.2

All

24 08 2016

185.

IS 14862

2000

FIBRE

CEMENT

FLAT

SHEETS -

1 ton

46000

37000

1.75

All

24 08 2016

186.

IS 14871

2000

Products in

Fibre

Reinforced

Cement - Long

Corrugated or

Asymmetrical

Section Sheets

and Fittings for

Roofing and

Cladding-

1 ton

46000

37000

All

24 08 2016

187.

IS 14951

2001

Fire

Extinguisher -

135 Litres

Capacity

Mechanical

Foam Type

1 piece

46000

37000

288

150

144

Remai

ning

24 08 2016

5352

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

188.

IS 15658

2006

Precast

Concrete

Blocks For

Paving

100

piece

46000

37000

All

24 08 2016

189.

IS 302

IEC

60335-2-

2007

Safety of

household and

similar

electrical

appliances: Part

2 Particular

requirements,

Section 3

Electric iron

1 piece

46000

37000

1.3

All

24 08 2016

190.

IS 302

IEC

60335-2-

2007

Safety of

household and

similar

electrical

appliances: Part

2 Particular

requirements,

Section 30

Room Heaters

1 piece

46000

37000

1.3

All

24 08 2016

191.

IS 302 :

2008

Safety Of

Household And

Similar

Electrical

Appliances:

Part 2

Particular

Requirements,

Section 201

Electric

Immersion

Water Heater

1 piece

46000

37000

1.3

All

24 08 2016

192.

IS 325/

IEC

60034-1

1996

Three-Phase

Induction

Motors

1 kW

46000

37000

1.75

All

24 08 2016

193.

IS 368

2014

Electric

Immersion

Water Heaters

1 piece

46000

37000

1.3

All

24 08 2016

194.

IS 398

1992

Aluminium

Conductors For

Overhead

Transmission

Purposes: Part

5 Aluminium

Conductors -

Galvanized

Steel

Reinforced For

Extra High

Voltage (400

kV and Above)

1 ton

46000

37000

34.6

All

24 08 2016

195.

IS 694

2010

Polyvinyl

Chloride

Insulated

Unsheathed--

And Sheathed

Cables/cords

With Rigid

and--Flexible

Conductor For

Rated

Voltages--Up

to And

Including

450/750 V

100 m

46000

37000

0.44

All

24 08 2016

196.

IS 1258

2005

Bayonet Lamp

Holders

100

piece

46000

37000

2.6

All

24 08 2016

197.

IS 1554

1988

PVC Insulated

(Heavy Duty)

Electric Cables:

Part 1 For

Working

Voltages Upto

And Including

1 100 V

100 m

46000

37000

4.4

All

24 08 2016

198.

IS 1554

1988

PVC Insulated

(Heavy Duty)

Electric Cables

- Part 2 : For

Working

100 m

46000

37000

17.3

All

24 08 2016

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5353

Voltages From

3.3 kV Up to

and Including

11 kV

199.

IS 2215/

IEC

60155

2006

STARTERS

FOR

FLUORESCE

NT LAMPS

1000

piece

46000

37000

10.4

All

24 08 2016

200.

IS 2465

1984

Cables For

Motor Vehicles

100 m

46000

37000

0.42

All

24 08 2016

201.

IS 2512

1978

Miners Cap

Lamp Batteries

(Lead-Acid

Type)

1 piece

46000

37000

0.18

All

24 08 2016

202.

IS 2596

2004

Bulbs(Lamps)

For Miners’

Cap-Lamps

100

piece

46000

37000

1.75

All

24 08 2016

203.

IS 2705

1992

Current

Transformers:

Part 2

Measuring

Current

Transformers

1 piece

46000

37000

All

24 08 2016

204.

IS 2993/

IEC 252

1998

A.C. Motor

Capacitors

1 piece

46000

37000

0.9

All

24 08 2016

205.

IS 3323

1980

Bi-Pin

Lampholders

For Tubular

Fluorescent

Lamps

100

piece

46000

37000

3.5

All

24 08 2016

206.

IS 4159

2002

Mineral Filled

Sheathed

Heating

Elements

1 piece

46000

37000

1.75

All

24 08 2016

207.

IS 4250

1980

Domestic

Electric Food-

Mixers

(Liquidizers

And Grinders)

1 piece

46000

37000

3.5

All

24 08 2016

208.

IS 5679

1986

miners' cap

lamp

assemblies

(incorporating

lead acid type

batteries)

1 piece

46000

37000

0.55

All

24 08 2016

209.

IS 6701

1985

Tungsten

filament

miscellaneous

electric lamps

100

piece

46000

37000

1.1

All

24 08 2016

210.

IS 7098

2011

Crosslinked

Polyethylene

Insulated

Thermoplastics

Sheathed

Cables - Part 2

for Working

Voltages from

3.3 kV up to

and Including

33 kV

100 m

46000

37000

17.3

All

24 08 2016

211.

IS 7372

1995

Lead-Acid

Storage

Batteries For

Motor Vehicles

1 piece

46000

37000

0.9

All

24 08 2016

212.

IS 7809/

IEC

60454-2

1986

Pressure

Sensitive

Adhesive

Insulating

Tapes for

Electrical

Purposes - Part

3 :

Requirements

for Individual

Materials -

Section 1 :

Plasticized

Polyvinylchlori

100 rolls

46000

37000

0.9

5000

0.55

Remai

ning

24 08 2016

5354

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

de Tapes with

Non-

Thermosetting

Adhesive

213.

IS 8144

1997

MULTIPURP

OSE DRY

BATTERIES

1000

piece

46000

37000

1.75

All

24 08 2016

214.

IS 8309

1993

Compression

Type Tubular

Terminal Ends

For Aluminium

Conductors Of

Insulated

Cables

1 ton

46000

37000

346

All

24 08 2016

215.

IS 8448

1989

Automatic Line

Voltage

Correctors

(Step Type)

For Domestic

Use

1 piece

46000

37000

1.75

All

24 08 2016

216.

IS 8783

1995

Winding Wires

for

Submersible

Motors - Part 4

: Individual

Wires - Section

1 : HR PVC

Insulated Wires

100 m

46000

37000

0.38

10000

0.19

Remai

ning

24 08 2016

217.

IS 8978

1992

Electric

Instantaneous

Water Heaters

1 piece

46000

37000

1.75

All

24 08 2016

218.

IS 9283

2013

Motors For

Submersible

Pumpsets

1 kW

46000

37000

1.75

5000

1.35

10000

0.9

Remai

ning

24 08 2016

219.

IS 9537

1981

Specification

For Conduits

For Electrical

Installations

Part II Rigid

Steel Conduits

100 m

46000

37000

1.75

All

24 08 2016

220.

IS 9857

1990

Welding

Cables

100 m

46000

37000

4.4

All

24 08 2016

221.

IS 9926

1981

Fuse Wires

Used In

Rewirable

Type Electric

Fuses Upto 650

Volts

1 kg

46000

37000

0.3

All

24 08 2016

222.

IS 9968

1988

Elastomer

insulated

cables:Part 1

For working

voltages upto

and including 1

100 V

100 m

46000

37000

0.42

All

24 08 2016

223.

IS 9968

2002

Elastomer-

insulated

Cables - Part 2

: For Working

Voltages from

3.3 kV up to

and Including 3

3kV

100 m

46000

37000

17.3

All

24 08 2016

224.

IS 10322

1985

Luminaires

Part 5

Particular

Requirements

Section 1 Fixed

General

Purpose

Luminaires

1 piece

46000

37000

1.75

All

24 08 2016

225.

IS 10322

2012

Luminaires -

Part 5 :

Particular

Requirements -

Section 2 :

1 piece

46000

37000

3.5

All

24 08 2016

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5355

Recessed

Luminaires

226.

IS 10322

1987

Luminaires:

Part 5

Particular

Requirements,

Section 3

Luminaires For

Road And

Street Lighting

1 piece

46000

37000

3.5

All

24 08 2016

227.

IS 11037

1984

Electronic

Type Fan

Regulators

1 piece

46000

37000

1.75

All

24 08 2016

228.

IS 12615

2011

Energy

Efficient

Induction

Motors - Three

Phase Squirrel

1 kW

46000

37000

1.75

All

24 08 2016

229.

IS 13466

1992

Brushes For

Electrical

Machines

100

piece

46000

37000

4.4

All

24 08 2016

230.

IS 13584

1993

Brush

Materials For

Electrical

Machinery

1 kg

46000

37000

0.36

All

24 08 2016

231.

IS 13730

2012

Specifications

For Particular

Types Of

Winding

Wires Part 3

Polyester

Enamelled

Round Copper

Wire,Class 155

1 ton

46000

37000

57.6

All

24 08 2016

232.

IS 13730

IEC

60317-8

: 2010

2014

Specifications

For Particular

Types Of

Winding Wires

Part 8

Polyesterimide

Enamelled

Round Copper

Wire, Class

180

1 ton

46000

37000

57.6

All

24 08 2016

233.

IS 13730

IEC

6037-45

1999

Particular

Types Of

Winding Wires

: Part 45

Polyester

Enamelled

Round Copper

Wire, Class

130

1 ton

46000

37000

57.6

All

24 08 2016

234.

IS 14768

2003

Conduit

Fittings For

Electrical

Installations - -

Part 2 : Metal

Conduit

Fittings

100

piece

46000

37000

3.5

All

24 08 2016

235.

IS 14930

2001

Conduit

Systems For

Electrical

Installations -

Part 2 :

Particular

Requirements -

Conduit

Systems

Burried

Underground

100 m.

46000

37000

8.1

All

24 08 2016

236.

IS/IEC

60079

2007

Explosive

Atmospheres

Part 1

Equipment

Protection By

Flameproof

Enclosures "d"

1 piece

46000

37000

1.75

All

24 08 2016

237.

IS/IEC

60079

2006

Explosive

Atmospheres

Part 11

Equipment

1 piece

46000

37000

17.3

All

24 08 2016

5356

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

Protection By

Intrinsic Safety

"i"

238.

IS 10775

1984

BODY LEVEL

HEARING

AIDS

1 piece

46000

37000

1.45

All

24 08 2016

239.

IS 16127

2013

Behind The Ear

(BTE) Hearing

Aids - Digital -

1 piece

46000

37000

All

24 08 2016

240.

IS 1610

2000

Household

Sewing

Machines -

General

Requirements

1 piece

73000

42000

1.75

All

24 08 2016

241.

IS 14769

2000

Household

Sewing

Machine Head

- General

Requirements

1 piece

64000

37000

1.6

All

24 08 2016

242.

IS 2712

1998

Gaskets And

Packings -

Compressed

Asbestos Fibre

Jointing

1000 kg

65000

53000

4.4

All

24 08 2016

243.

IS 1269

1997

Legal

Metrology -

Material

Measure Of

Length Part 1

Woven

Metallic And

Glass Fibre

Tape Measures

100 m

60000

49000

0.32

All

24 08 2016

244.

IS 1269

1997

Legal

Metrology -

Material

Measure Of

Length Part 2

Steel Tape

Measures

100 m

60000

49000

0.32

All

24 08 2016

245.

IS 2269/

ISO

4762

2006

Hexagon

Socket Head

Cap Screws

1 ton

61000

50000

All

24 08 2016

246.

IS 12427

2001

Fasteners -

Threaded Steel

Fastener -

Hexagon Head

Transmission

Tower Bolts

1 ton

57000

46000

All

24 08 2016

247.

IS 1710

1989

Pumps -

Vertical

Turbine Mixed

And Axial

Flow, For Clear

Cold Water

1 piece

63000

51000

2750

Remai

ning

24 08 2016

248.

IS 3196

2013

Welded Low

Carbon Steel

Cylinders

Exceeding 5

Litre Water

Capacity For

Low Pressure

Liquefiable

Gases - Part 1 :

Cylinders For

Liquefied

Petroleum

Gases (LPG)

1 piece

136000

96000

3.5

50000

2.65

Remai

ning

24 08 2016

249.

IS 3196

2006

Welded Low

Carbon Steel

Cylinders

Exceeding 5

Litre Water

Capacity For

Low Pressure

Liquefiable

Gases - Part 2 :

Cylinders For

Liq

uefiable Non-

Toxic Gases

Other Than

1 piece

136000

96000

3.5

50000

2.65

Remai

ning

24 08 2016

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5357

LPG

250.

IS 3196

2001

Welded Low

Carbon Steel

Cylinders

Exceeding 5

Litre Water

Capacity For

Low Pressure

Liquefiable

Gases - Part 4 :

Cylinders For

Toxic And

Corrosive

Gases

(Amalgamation

Of IS

7680,7681 And

7682)

1 piece

136000

96000

10.4

All

24 08 2016

251.

IS 7142

1995

Welded Low

Carbon Steel

Cylinders For

Low Pressure

Liquifiable

Gases Not

Exceeding 5

Litre Water

Capacity

1 piece

136000

96000

2.65

50000

1.75

24 08 2016

252.

IS 7285

2004

Refillable

Seamless Steel

Gas Cylinders -

Part 1 :

Normalized

Steel Cylinders

1 piece

136000

96000

10.4

All

24 08 2016

253.

IS 7285

2004

Refillable

Seamless Steel

Gas Cylinders -

Part 2 :

Quenched And

Tempered Steel

Cylinders With

Tensile

Strength Less

than 1100 MPa

(112 kgf/mm²)

1 piece

136000

96000

10.4

All

24 08 2016

254.

IS 7312

1993

Welded And

Seamless Steel

Dissolved

Acetylene Gas

Cylinders

1 piece

136000

96000

10.4

All

24 08 2016

255.

IS 12586

1998

Brazed Low

Carbon Steel

Gas Cylinders

Not Exceeding

13 Litre Water

Capacity

1 piece

136000

96000

1.75

All

24 08 2016

256.

IS 13258

2014

Welded Low

Carbon Steel

Cylinders

Exceeding 5

Litre Water

Capacity For

Low Pressure

Liquefiable

Gas - Code Of

Practice For

Inspection And

Reconditioning

Of Used LPG

Cylinders

1 piece

72000

59000

2.65

All

24 08 2016

257.

IS 14106

1996

Direct Action

Handpump

1 piece

58000

47000

8.7

All

24 08 2016

258.

IS 14203

1999

Fire Resisting

Record

Protection

Cabinets

1 piece

91000

75000

All

24 08 2016

259.

IS 14561

2014

Fire Resisting

(Insulating)

Filing Cabinets

1 piece

91000

75000

All

24 08 2016

5358

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

260.

IS 14899

2014

Liquefied

Petroleum Gas

(Lpg)

Containers For

Automotive

Use

1 piece

136000

96000

All

24 08 2016

261.

IS 15100

2001

Multifunction

Valve

Assembly For

Permanently

Fixed

Liquefied

Petroleum Gas

(LPG)

Containers For

Automotive

Use

1 piece

71000

59000

2.3

All

24 08 2016

262.

IS 15449

2004

Household Zig-

Zag Sewing

Machine Head

- Part 1 :

General

Requirements

1 piece

75000

62000

All

24 08 2016

263.

IS 15490

/ ISO

9809-1

2004

Cylinders For

On-Board

Storage Of

Compressed

Natural Gas As

A Fuel For

Automotive

Vehicles

1 piece

136000

96000

10.4

All

24 08 2016

264.

IS 15500

2004

Deepwell

Handpumps

Components

And Special

Tools-

Handpump

Sub-

Assemblies

1 Assem

bly

67000

55000

3.75

All

24 08 2016

265.

IS 16014

2012

Mechanically

Woven, Double

-Twisted,

Hexagonal

Wire Mesh

Gabions, Revet

Mattresses And

Rock Fall

Netting

(Galvanized

Steel Wire Or

Galvanized

Steel Wore

With PVC

Coating) -

Specification

100 kg

94000

78000

15.28

All

24 08 2016

266.

IS 8110

2000

Well Screens

And Slotted

Pipes

1 m

76000

62000

1.2

All

24 08 2016

267.

IS 8418

1999

Pumps-

Centrifugal

Self Priming

1 piece

64000

52000

All

24 08 2016

268.

IS 11552

2008

Liquid

Nitrogen

Vessels Of

Capacity Up

To 75 Litres

1 piece

99000

82000

All

24 08 2016

269.

IS 774

2004

Flushing

Cistern For

Water Closets

And Urinals

(Other Than

Plastic Cistern)

1 piece

73000

42000

3.5

All

24 08 2016

270.

IS 902

1992

Suction Hose

Couplings For

Fire Fighting

Purposes

1 piece

65000

52000

All

24 08 2016

271.

IS 907

1984

Suction

Strainers,

Cylindrical

Type For Fire

Fighting

Purpose

1 piece

61000

49000

6.4

All

24 08 2016

272.

IS 952

2012

Fog Nozzle For

1 piece

56000

45000

8.8

All

24 08 2016

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5359

Fire Brigade

Use

273.

IS 1489

1991

Portland-

Pozzolana

Cement Part 2

Calcined Clay

Based

1 ton

64000

45000

All

24 08 2016

274.

IS 2185 :

2005

Concrete

Masonry Units

- Part I :

Hollow And

Solid Concrete

Blocks

1 ton

82000

75000

26.8

All

24 08 2016

275.

IS 2871

2012

Branch Pipe,

Universal For

Fire Fighting

Purpose

1 piece

93000

73000

4.2

All

24 08 2016

276.

IS 3466

1988

Masonry

Cement

1 ton

64000

45000

All

24 08 2016

277.

IS 3513 :

1989

Resin Treated

Compressed

Wood

Laminates

(Compregs) -

Part-3 : For

General

Purposes

1 m²

71000

59000

3.5

All

24 08 2016

278.

IS 3812 :

2013

Pulverized Fuel

Ash - - Part 1 :

For Use As

Pozzolana In

Cement,

Cement Mortar

and concrete

1 ton

71000

59000

9.2

All

24 08 2016

279.

IS 4835

1979

Polyvinyl

Acetate

Dispersion

Based

Adhesives For

Wood

1 ton

102000

85000

All

24 08 2016

280.

IS 4985 :

2000

Unplasticized

PVC Pipes For

Potable Water

Supplies -

1 ton

58000

47000

86.4

All

24 08 2016

281.

IS 4989

2003

Multipurpose

Aqueous Film

Forming Foam

Liquid

Concentrate

For

Extinguishing

Hydrocarbon

And Polar

Solvent Fires

1 kL

86000

74000

220

All

24 08 2016

282.

IS 8042

2015

White Portland

Cement

1 ton

64000

45000

All

24 08 2016

283.

IS 9103

1999

Concrete

Admixtures

1kL/1

ton

65000

50000

All

24 08 2016

284.

IS 9271

2004

Unplasticized

Polyvinyl

Chloride

(UPVC) Single

Wall

Corrugated

Pipes for

Drainage

1 ton

81000

69000

All

24 08 2016

285.

IS 10701

2012

Structural

Plywood

1 m²

103000

85000

0.15

All

24 08 2016

286.

IS 11833

1986

Dry Powder

Fire

Extinguisher

For Metal Fires

1 piece

65000

53000

800

Remai

ning

24 08 2016

287.

IS 12701

1996

Rotational

Moulded

Polyethylene

Water Storage

Tanks

100 L

80000

60000

1.1

All

24 08 2016

288.

IS 12866

1989

Plastic

Translucent

Sheets Made

From

1 m²

84000

66000

0.7

All

24 08 2016

5360

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

Thermosetting

polyester resin

(glassfibre

reinforced)

289.

IS 13114

1991

Forged Brass

Gate, Globe

And Check

Valves For

Water Works

purposes

1 piece

58000

47000

0.6

All

24 08 2016

290.

IS 14268

1995

Uncoated

Stress Relieved

Low

Relaxation

Seven Ply

Strand For

Prestressed

Concrete

1 ton

100000

84000

34.6

All

24 08 2016

291.

IS 14276

1995

Cement

Bonded

Particle Boards

1 m²

58000

47000

0.18

All

24 08 2016

292.

IS 14333

1996

High Density

Polyethylene

Pipe For

Sewerage

1 kg

100000

84000

0.22

All

24 08 2016

293.

IS 14399

1996

Hot Press

Moulded

Thermosetting

Glass Fibre

Reinforced

Polyester Resin

(GRP)

Sectional

Water Storage

Tanks

1 kg

65000

53000

0.36

All

24 08 2016

294.

IS 14402

1996

Glass Fibre

Reinforced

Plastics (GRP)

Pipes Joints

And Fittings

For use for

Sewerage,

Industrial

Waste and

Water ( other

than Potable)

1 kg

65000

53000

0.15

All

24 08 2016

295.

IS 14609

1999

Dry Chemical

Powder For

Fighting

A,B,C, Class

Fires -

1 kg

64000

51000

0.16

All

24 08 2016

296.

IS 14616

1999

Laminated

Veneer Lumber

1 m³

81000

69000

All

24 08 2016

297.

IS 14735

1999

Unplasticized

Polyvinyl

Chloride

(UPVC)

Injection

Moulded

Fittings For

Soil And Waste

Discharge

System For

Inside And

Outside

Buildings

Including

Ventilation

And Rain

Water System

100

piece

76000

62000

12.5

All

24 08 2016

298.

IS 14885

2001

Polyethylene

Pipes For The

Supply Of

Gaseous Fuels

1 ton

112000

96000

All

24 08 2016

299.

IS 14933

2001

High Pressure

Fire Fighting

Hose

1 m

71000

59000

1.8

All

24 08 2016

300.

IS 15155

2002

Bar/Wire

Wrapped Steel

Cylinder Pipes

With Mortar

lining And

Coating

(Including

1 ton

71000

59000

All

24 08 2016

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5361

Specials)

301.

IS 15265

2003

Flexible PVC

Pipes Or

Polymer

Reinforced

Thermoplastic

Hoses For

Suction And

Delivery Lines

Of Agricultural

Pumps

1 ton

115000

96000

180

All

24 08 2016

302.

IS 15328

2003

Unplasticized

Non-Pressure

Polyvinyl

Chloride

(PVC-U) Pipes

For Use In

Underground

Drainage And

Sewerage

Systems

1 ton

88000

72000

All

24 08 2016

303.

IS 15380

2003

Moulded

Raised High

Density Fibre

(HDF) Panel

Doors

1 m²

71000

59000

2.2

All

24 08 2016

304.

IS 15450

2004

Polyethylene/

Aluminium/

Polyethylene

Composite

Pressure Pipes

For Hot And

Cold Water

Supplies

100 m

92000

79000

All

24 08 2016

305.

IS 15476

2004

Bamboo Mat

Corrugated

Sheets

1 m²

90000

74000

1.5

All

24 08 2016

306.

IS 15622

2006

Pressed

Ceramic Tiles

10 m²

113000

94000

3.8

27000

1.90

27000

0.95

Remai

ning

24 08 2016

307.

IS 15683

2006

Portable Fire

Extinguishers-

Performance

And

Construction

1 piece

108000

90000

All

24 08 2016

308.

IS 15778

2007

Chlorinated

Polyvinyl

Chloride

(CPVC) Pipes

For Potable

Hot And Cold

Water

Distribution

Supplies.

1 ton

189000

158000

All

24 08 2016

309.

IS 15786

2008

Prelaminated

Cement

Bonded

Particle Board

1 m²

101000

84000

0.3

All

24 08 2016

310.

IS 15801

2008

Polypropylene-

Random

Copolymer

Pipes For Hot

And Cold

Water Supplies

1 ton

160000

134000

All

24 08 2016

311.

IS 16088

2012

Chlorinated

Polyvinyl

Chloride

(CPVC) Pipes

For Automatic

Sprinkler Fire

Extinguishing

System

1 ton

140000

117000

400

All

24 08 2016

312.

IS 16098

2013

Structured-

Wall Plastics

Piping Systems

For Non-

Pressure

Drainage And

Sewerage Part

1 Pipes And

Fittings With

1 ton

189000

159000

174

All

24 08 2016

5362

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

Smoothe

External

Surface Type A

313.

IS 16098

2013

Structured-

Wall Plastics

Piping Systems

For Non-

Pressure

Drainage And

Sewerage Part

2 Pipes And

Fittings With

Non-Smooth

External

Surface, Type

100 m

209000

176000

All

24 08 2016

314.

IS 335

1993

New Insulating

Oils

1 kL

86000

71000

8.7

All

24 08 2016

315.

IS 418

2004

Tungsten

Filament Lamp

For Domestic

And Similar

General

Lighting

Purposes

100

piece

57000

46000

0.9

All

24 08 2016

316.

IS 1180

2014

Outdoor Type

Oil Immersed

Distribution

Transformers

Up To And

Including 2500

kVA, 33kV -

Part 1 Mineral

Oil Immersed

1 kVA

142000

114000

All

24 08 2016

317.

IS 1709

1984

Capacitors For

Electric Fan

Motors

1 piece

88000

72000

0.07

All

24 08 2016

318.

IS 2418 :

1977

Tubular

Fluorescent

Lamps For

General

Lighting

Service - Part I

: Requirements

And Tests

1 piece

80000

60000

0.06

All

24 08 2016

319.

IS 2997

1964

Air Circulator

Type Electric

Fans And

Regulators

1 piece

65000

53000

7.2

All

24 08 2016

320.

IS 6365

1971

Laboratory

Electric Ovens

1 piece

85000

68000

All

24 08 2016

321.

IS 7098 :

1993

Cross-Linked

Polyethylene

Insulated

Thermoplastic

Sheathed

Cables: Part 3

For Working

Voltages From

66 kV Upto

And Including

220 kV

1 m

81000

78000

3.5

All

24 08 2016

322.

IS 9836

1981

Exploders

1 piece

88000

72000

7.8

All

24 08 2016

323.

IS 9974

1981

High Pressure

Sodium Vapour

Lamps :Part 1

General

Requirements

And Tests

1 piece

88000

72000

1.75

All

24 08 2016

324.

IS 11879

1986

Electric Steam

Cookers

1 piece

65000

53000

2.7

All

24 08 2016

325.

IS 12463

1988

Inhibited

Mineral

Insulating Oils

1 kL

73000

60000

144

All

24 08 2016

326.

IS 12640

2008

Residual

Current

Operated

Circuit-

Breakers For

Household And

Similar Uses -

1 piece

112000

96000

5.3

All

24 08 2016

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5363

Part 1 : Circuit-

Breakers

Without

Integral

Overcurrent

Protection

(RCCBs)

327.

IS 12640

2008

Residual

Current

Operated

Circuit -

Breaking For

Household And

Similar Uses -

Part 2 Circuit -

Breakers With

Integral

Overcurrent

Protection

(RCBOs)

1 piece

112000

96000

5.3

All

24 08 2016

328.

IS 13010

2002

AC Watthour

Meters, Class

0.5, 1 And 2

1 piece

58000

47000

0.42

100000

0.3

200000

0.18

Remai

ning

24 08 2016

329.

IS 13021

1991

Ac Supplied

Electronic

Ballasts For

Tubular

Fluorescent

Lamps: Part 1

General And

Safety

Requirements

1 piece

58000

47000

2.7

All

24 08 2016

330.

IS 13021

1991

Ac Supplied

Electronic

Ballasts For

Tubular

Fluorescent

Lamps - - Part

2 :

Performance

Requirements

1 piece

73000

60000

2.7

All

24 08 2016

331.

IS 13340

1993

Power

Capacitors Of

Self-Healing

Type For AC

Power Systems

Having Rated

Voltage Up To

650 V

1 kVAR

Clubbed

with IS

13585(1)

13925(1)

58000

47000

0.9

All

24 08 2016

332.

IS 13585

1994

Shunt

Capacitors Of

Non Self

Healing Type

For Ac Power

Systems

Having A

Rated Voltage

Upto And

Including 650

1 kVAR

Clubbed

with IS

13340 &

13925(1)

58000

47000

0.9

All

24 08 2016

333.

IS 13703

/IEC

269-2

1993

Low-Voltage

Fuses For

Voltages Not

Exceeding

1000 V AC Or

1500 V DC:

Part 2 Fuses

For Use By

Authorized

Persons, Sec 1

Supplementary

Requirements

100

piece

65000

53000

5.3

All

24 08 2016

334.

IS 13779

1999

AC Static

Watthour

Meters, Class 1

And 2

1 piece

181000

157000

1.32

All

24 08 2016

335.

IS 14255

1995

Aerial Bunched

Cables For

Working

Voltages Upto

And Including

1100 Volts

100 m

146000

129000

12.4

All

24 08 2016

5364

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

336.

IS 14927

2001

Cable Trunking

And Ducting

Systems For

Electrical

Installations :

Part 2 Cable

Trunking And

Ducting

Systems

Intended For

Mounting On

Walls Or

Ceiling

100 m.

58000

47000

2.1

All

24 08 2016

337.

IS 15111

2002

Self Ballasted

Lamps For

General

Lighting

Services (Part-

1 & Part -2)

100

piece

166000

147000

5000

16.5

Remai

ning

24 08 2016

338.

IS 15111

2002

Self Ballasted

Lamps For

General

Lighting

Services - Part

1 : Safety

Requirements

100

piece

166000

147000

5000

16.5

Remai

ning

24 08 2016

339.

IS 15111

2002

Self Ballasted

Lamps For

General

Lighting

Services - Part

2 :

Performance

Requirements

100

piece

166000

147000

5000

16.5

Remai

ning

24 08 2016

340.

IS 15652

2006

Insulating Mats

For Electrical

Purposes

1m²

75000

62000

All

24 08 2016

341.

IS 15787

2008

Switch-Socket

Outlets (Non-

Interlock Type)

1 ton

56000

46000

All

24 08 2016

342.

IS 15884

2010

Alternating

Current Direct

Connected

Static

Prepayment

Meters For

Active Energy

(Class 1 And 2)

1 piece

332000

280000

All

24 08 2016

343.

IS 16103

2012

LED Modules

For General

Lighting Part 2

Performance

Requirements

1 piece

460000

389000

4.6

All

24 08 2016

344.

IS/IEC

60898

2002

Electrical

Accessories-

Circuit

Breakers For

Over Current

Protection For

Household And

Similar

Installations

Part 1- Circuit

Breakers For

AC Operation

1 piece

73000

60000

0.27

All

24 08 2016

345.

IS/IEC

60947

1999

Low-Voltage

Switchgear

And

Controlgear:

Part 3

Switches,

Disconnectors,

Switch

Disconnectors

And Fuse

Combination

Units

1 piece

58000

47000

0.9

All

24 08 2016

346.

IS/IEC

60947

2000

Low-Voltage

Switchgear

And

Controlgear –

Contactors And

Motor-Starters

–

1 piece

58000

47000

0.27

All

24 08 2016

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5365

Electromechani

cal Contactors

And Motor-

Starters

347.

IS/IEC

60947

2003

Low-Voltage

Switchgear

And

Controlgear –

Control Circuit

Devices And

Switching

Elements –

Electromechani

cal Control

Circuit Devices

1 piece

58000

47000

0.42

All

24 08 2016

348.

IS 9167

1979

Ear Protectors

100

piece

68000

56000

3.4

All

24 08 2016

349.

IS 9281

1981

Electronic

Weighing

Systems - Part

3 Requirements

1 piece

61000

49000

All

24 08 2016

350.

13098

2012

Tubes For

Pneumatic

Tyres

1 piece

90000

77000

0.5

100000

0.35

100000

0.15

Remai

ning

24 08 2016

351.

15627

2005

Pneumatic

Tyres For Two

And Three-

Wheeled Motor

Vehicles and

Quadricycles

1 piece

243000

204000

0.5

100000

0.35

100000

0.15

Remai

ning

24 08 2016

352.

15633

2005

Pneumatic

Tyres For

Passenger Car

Vehicles -

Diagonal And

Radial Ply

1 piece

258000

217000

100000

1.5

100000

1.35

Remai

ning

24 08 2016

353.

15636

2012

Pneumatic

Tyres For

Commercial

Vehicles -

Diagonal And

Radial Ply

1 piece

242000

203000

100000

1.5

100000

1.35

Remai

ning

24 08 2016

354.

1884

1993

Automotive

Vehicles -

Electric Horns

1 piece

58000

47000

0.36

all

24 08 2016

355.

5029

1979

Bedsteads,

Hospital,

General

Purposes

1 piece

65000

53000

17.3

all

24 08 2016

356.

7620

1986

Diagnostic

Medical X-Ray

Equipment -

Part 1 : General

And Safety

Requirements

1 piece

58000

47000

260

all

24 08 2016

357.

8462

1977

Sterilizer,

Portable,

Vertical,

Pressure Type

1 piece

58000

47000

all

24 08 2016

358.

9165

1992

Surgical

Instrument,

Needles, Suture

Pt 2 Eyed

Needles -

Sizes, Shapes

And

Dimensions

1000

piece

73000

60000

43.2

all

24 08 2016

359.

16111

2013

Elastic

Bandage

100 m

54000

43000

all

24 08 2016

[Ref. CMD-3/8:8]

P. M. PANTULU, Sc. F & DDG (Certification)

5366

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

Je vkSj jkstxkj ea=kky;

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dk-vk- 2312-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj mÙkj fcgkj

{ks=kh; xzkeh.k cSad ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa vkS|ksfxd

vfèkdj.k] iVuk ds iapkV (lanHkZ dsl la- 05 (C) vkWiQ 2009) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 24-11-2016 dks çkIr

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MINISTRY OF LABOUR AND EMPLOYMENT

New Delhi, the 24th November, 2016

S.O. 2312.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. Case No. 05 (C) of 2009) of the Industrial Tribunal, Patna as shown in

the Annexure, in the industrial dispute between the management of Uttar Bihar Kshetriya Gramin Bank and their

workmen, received by the Central Government on 24.11.2016.

[No. L-12012/08/2009-IR (B-I)]

P. K. BIDUA, Dy. Director

ANNEXURE

BEFORE THE PRESIDING OFFICER INDUSTRIAL TRIBUNAL, PATNA

Reference Case No.:- 05 (C) of 2009

Between the management of Chairman, Uttar Bihar Kshetriya Gramin Bank, HO: Kalambag Road, Muzaffarpur and

their workman Sri Dinesh Kumar Mishra, S/O- Sri Raju Mishra, Gram & Post Ezra, Thana Sangrampur, East

Champaran Distt.( Bihar )

For the management

Sri Mahendra Pathak, Advocate

Sri Maya Shankar Mishra, Advocate

Sri Ashawani Kumar Tiwary, Advocate

For the workman

Sri B. Prasad, President of Bihar Provincial Gramin

Bank Employees Association.

Present : Sri Bipin Dutta Pathak, Presiding Officer, Industrial Tribunal, Patna

AWARD

Patna, dated : 21^st July, 2016

By the adjudication order No.- L-12012/08/2009-IR (B-I) dated- 17.08.2009 the Govt. of India, Ministry of

Labour, New Delhi has referred under clause (d) of sub-section-(1) and sub-section (2A) of section-10 of the Industrial

Dispute Act,1947, (hereinafter to be referred to as ‘ the Act’), the following dispute between the management of

Chairman, Uttar Bihar Kshetriya Gramin Bank, HO: Kalambag Road, Muzaffarpur and their workman Sri

Dinesh Kumar Mishra, S/O- Sri Raju Mishra, Gram & Post Ezra, Thana Sangrampur, East Champaran Distt.

( Bihar ) Patna for adjudication to this tribunal:-

“ Whether the action of the management of the Uttar Bihar Kshetriya Gramin Bank, Muzaffarpur in not paying

the dues and in terminating the service of Sri Sri Dinesh Kumar Mishra, is justified? If not, what relief is the

applicant concerned entitled?”

Statement of claim has been filed on behalf of the workman stating therein that the Dinesh Kumar Mishra

joined the Champaran Chetriya Gramin Bank, Sangrampur Branch as a daily wager on 01.01.2002 and performed

different works assigned to him, such as sweeper, waterman, posting of account holders in different ledger, letter

drafting etc. he did his duty on the specific direction and specific identification of the branch manager, receiving

cheque books from the sponsored bank and also preparation of demand draft for different purposes. After joining he

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5367

performed all the duties assigned to him with best of his ability and to the satisfaction of all concern, He was paid Rs.

15/- per day irregularly. All of a sudden on the oral order of the branch manager of the bank. He was removed from

service on daily wage basis w.e.f. 13.08.2005 but the facts remains that the complainant worked there upto 2007,

though the bank authorities admitted his working and paid his wages for 22 days in 2006 and only for 7 days in 2007.

He made complainant before the Chief Minister. Prior to that bank authorities themselves admitted that workman

worked for 141 days in the year 2002, 162 days in 2003, 173 days in 2004 and 199 days in the year 2005. It has been

submitted that he worked in the bank since 01.02.2002 upto 13.08.2005 without any interruption and to the satisfaction

of all concern but when the complainant made a complain before the Chief Minister, initially the bank took a stand that

the workman is not a daily wage worker of the bank. Workman made a complaint before the Chief Minister on

01.12.2006 with respect to non-payment of due wages as well as removing him from the service of the bank. Complaint

was sent to the District Magistrate, Motihari. The letter was forwarded to Labour Superintendent, Motihari vide memo

No.- 4990 dt- 16.12.2006. Notice were issued to the bank and the workman. Bank refused to accept the workman as

daily wager. Labour Superintendent, Motihari, submitted his report vide letter No.- 4990 dated- 16.07.2006 and he

referred the matter to Assistant Labour Commissioner, Bettiah for needful. Finally it has been sent before this tribunal

vide this reference case. The workman brought stationary from the head quarter on different dates, as stated in the

petition/statement of claim in para-7. He has been stated that Labour Superintendent on enquiry found that the

petitioner was working on daily wages basis from 2001 upto 13.08.2005.

Written statement has been filed on behalf of the management stating therein that workman was never

employed by the bank as an employee as such question of his regularization and payment of regular salary do not arise.

Branch Manager have taken some works as per need, as and when required for few hours and was paid as per agreed

amount. Such engagement cannot be treated to be employment even, of temporary, casual in the Bank. There is no

employer-employee relationship with the alleged workman Sri Dinesh Kumar Mishra. Workman has not been able to

bring the facts which are conditions precedent for claiming benefit of protection against retrenchment in violation of

Section 25F of the I.D.Act,1947. Grievance of payment of normal salary is misconceived.

It appears that single witness has been examined on behalf of the workman who is W.W-1 ( Dinesh Kumar

Mishra ) workman himself. He has stated that he joined the bank in February 2002 in Champaran Kshetriya Gramin

Bank which is now called Uttar Bihar Kshetriya Gramin Bank. He worked from February 2002 to 1`3.08.2005. He was

getting @ Rs. 15/- per day. Maximum wages was paid in his own name but some wages was paid in different names

and person of that name never worked in bank. He used to go to bank at 09.30 A.M. After arrival of branch manager he

used to open the bank and to clean counter, table etc. He used to bring water also. He used to take out cash, token and

scroll register and to keep to cash counter. On oral order of branch manager he used to open almirah and to take out

ledger, signature card etc. He used to bring stationary from Regional Office, Motihari. His name was mentioned in

peon book which has been marked as Ext.-W. He has also proved receipt of brining stationary etc marked as Ext.-W/1.

He has also identified Ext.-W/2 which is signature on the letter of General Manager and on the basis of oral order of

General Manager he was removed from service w.e.f 13.08.2005. No one appeared to cross-examine this witness.

Counting from Ext.- W & W/1 which are Exts of the workman it appears that Sri Dinesh Kumar Mishra worked

from July 2001 till August 2005 but it does not appear that he was working duribg these period continuously and

regularly for at least 240 days in any calendar year.

Ext.-W/2 is the letter dt- 25^th August 2005 it appears that General Manager has sent letter to Sangrampur

branch that inspite of specific direction the head office has not to engaged labourer. On daily wages work is taking

from Dinesh Kumar Mishra. From Ext.-W/2 is does not appear that work was taken from Dinesh Kumar Mishra and he

worked in the bank for 240 days in any calendar year.

From Ext.- W/5 it appears that branch manager, Sangrampur has sent letter to Regional Manager of the bank,

details of the wages paid to Dinesh Kumar Mishra from 9^th March 2002 to 10^th January 2007.

From the evidence of M.W-1 Anil Kumar Sinha it appears that in the year 1991 there was award of National

Industrial Tribunal and thereafter service of many persons were regularized. He has stated that Ext.-W/1 is peon book

for service for correspondence, it appears that name of Dinesh Kumar is mentioned who has carried the letter but from

evidence of M.W-1 it does not appear that Dinesh Kumar Mishra has worked for 240 days. M.W-1 does not support the

case of workman.

Similarly M.W-2 & M.W-3 also does not support the case of workman. Nothing has been gathered infavour of

workman in cross-examination of this witness.

AWARD

Since workman failed to bring on record the facts that he worked in service of bank for 240days in any calendar

year. Hence he did not became protected workers in view of section-25F of the I.D.Act,1947. In the result it is held that

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THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

the action of the management of Uttar Bihar Kshetriya Gramin Bank, Muzaffarpur is not paying the dues and in

terminating the service of Sri Dinesh Kumar Mishra was justified because Sri Dinesh Kumar Mishra has not become

protected workman. So any notice or compensation need not to be paid to him by the management.

So far payment of dues is concerned this tribunal cannot pass order under the provision of Payment of Wages

Act. For payment of wages or dues Sri Dinesh Kumar Mishra who should move the appropriate forum but his

termination cannot be questioned in the eye of law.

This is my award accordingly.

Dictated & Corrected by me.

BIPIN DUTTA PATHAK, Presiding Officer

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izkIr gqvk FkkA

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

jfo dqekj] MsLd vf/dkjh

New Delhi, the 25th November, 2016

S.O. 2313.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 12/2012) of the Central Government Industrial Tribunal-cum-

Labour Court No. 1, Mumbai as shown in the Annexure in the Industrial Dispute between the management of Mumbai

Port Trust, and their workmen, received by the Central Government on 25.11.2016.

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

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. 1, MUMBAI

Present : Justice Satya Poot Mehrotra, Presiding Officer

APPLICATION NO. CGIT-12 OF 2012

Tejas Arun Mahajan

….. Applicant

V/s.

Mumbai Port Trust

….. Opponent

Mumbai, the 12^th day of September, 2016

O R D E R

It has been brought to my notice that there is typographical mistake in the date of Award passed on Application

No.CGIT-12 of 2012 filed under Section 2A(2) of the Industrial Disputes Act, 1947. The date of Award appearing on

the first page of the Award was wrongly mentioned as 25^th day of August, 2016 instead of “22^nd day of August, 2016”.

It is directed that the date of Award may be substituted as “Mumbai, dated the 22^nd day of August, 2016”. This

power has been exercised by this Tribunal under Rule 28 of the Industrial Disputes (Central) Rules 1957.

The corrected copies are sent for publication along with the copy of this order.

Justice S.P. MEHROTRA, Presiding Officer

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. 1, MUMBAI

Present : Justice Satya Poot Mehrotra, Presiding Officer

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5369

APPLICATION NO. CGIT-12 OF 2012

Parties:

Tejas Arun Mahajan

Applicant

Vs.

Mumbai Port Trust

Respondent/Opposite Party

Appearances :

For the Applicant

Mr.J.Sawant, Adv.

For the Respondent/Opposite Party

Mr. M.B.Anchan, Adv.

Holding brief for Mr.Umesh Nabar, Adv.

State

Maharashtra

Mumbai, dated the 22^nd day of August, 2016

AWARD

The aforementioned Application No.CGIT-12 of 2012 has been filed by the Applicant (Tejas Arun Mahajan)

against Mumbai Port Trust (Respondent/Opposite Party) under Section 2-A(2) of the Industrial Disputes Act, 1947

seeking the Reliefs as mentioned in paragraph 9 of the said Application.

By the Order dated 19.3.2012, notice was directed to be issued to the Respondent/Opposite Party for filing

Written Statement fixing 30.4.2012.

On 30.4.2012, as noted in the Order passed on the said date, Mr.J.Sawant, learned counsel for the Applicant was

present. Mr.Umesh Nabar, learned counsel for the Respondent/Opposite Party was also present. The case was

adjourned for filing Written Statement on behalf of the Respondent/Opposite Party.

On 27.8.2012, as noted in the Order passed on the said date, Written Statement was filed on behalf of the

Respondent/Opposite Party.

By the Order dated 27.8.2012, the case was adjourned to 11.10.2012 for filing documents.

On 11.10.2012, as noted in the Order passed on the said date, documents were filed on behalf of the

Respondent/Opposite Party.

By the Order dated 11.10.2012, time was granted to the Applicant for filing Affidavit (WW-1). Thereafter,

various dates were fixed in the matter, and the case was adjourned to enable the Applicant to file Affidavit (WW-1).

On 10.4.2014, as noted in the Order passed on the said date, Issues were framed in the present case, and time was

again granted to the Applicant for filing Affidavit (WW-1).

On 4.12.2014, as noted in the Order passed on the said date, admission and denial in respect of the respective

documents filed on behalf of the parties was done by the learned counsel for the parties. The case was thereafter again

fixed on various dates for filing Affidavit of WW-1 on behalf of the Applicant.

10.

On 27.6.2016, as noted in the Order passed on the said date, the case was put up before the Tribunal. Mr.Umesh

Nabar, learned counsel for the Respondent/Opposite Party was present. Mr.J.Sawant, learned counsel for the Applicant

was also present. On joint prayer made on behalf of the learned counsel for the parties, the case was adjourned and

fixed on 20.10.2016.

11.

However, on 17.8.2016, following two Applications were filed on behalf of the Applicant Tejas Arun Mahajan:

(1)

Application dated 17.8.2016 for taking the matter on Board of the Tribunal;

(2)

Application dated 17.8.2016 for withdrawal of the aforementioned Application No.CGIT-12 of 2012 filed

on behalf of the Applicant under Section 2A(2) of the Industrial Disputes Act, 1947.

12.

By the Order dated 17.8.2016 passed on separate sheets, the Tribunal considered the aforesaid Application dated

17.8.2016 shown at Sr.No.1 above for taking the matter on Board of the Tribunal, and directed the case to be put up on

22.8.2016 for consideration of the aforementioned Application dated 17.8.2016 for withdrawal shown at Sr.No.2

above. Accordingly, the case has been put up today for consideration of the aforesaid Application dated 17.8.2016 for

withdrawal shown at Sr.No.2 above.

13.

Mr.J.Sawant, learned counsel for the Applicant is present. Mr.Tejas Arun Mahajan, Applicant is personally

present before the Tribunal and he is identified by Mr.J.Sawant, learned counsel for the Applicant. Mr.M.B.Anchan,

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THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

holding brief for Mr.Umesh Nabar, learned counsel for the Respondent/Opposite Party (Mumbai Port Trust) is also

present.

14.

It is, inter-alia, averred in the aforesaid Application dated 17.8.2016 for withdrawal, shown at Sr.No.2 above, that

the Applicant is not interested in pursuing his aforementioned Application No.CGIT-12 of 2012 filed by him under

Section 2-A(2) of the Industrial Disputes Act, 1947 and he is desirous to withdraw the said Application. It is, inter-alia,

prayed in the said Application dated 17.8.2016 for withdrawal that the aforementioned Application No.CGIT-12 of

2012 filed by the Applicant under Section 2A(2) of the Industrial Disputes Act, 1947 be disposed of as withdrawn.

Mr.M.B.Anchan, holding brief for Mr.Umesh Nabar, learned counsel for the Respondent/Opposite Party (Mumbai Port

Trust) has endorsed “No Objection” on the aforesaid Application dated 17.8.2016 for withdrawal filed on behalf of the

Applicant.

15.

Mr.Tejas Arun Mahajan, Applicant who is personally present before the Tribunal and is identified by

Mr.J.Sawant, learned counsel for the Applicant states that he reiterates the averments made in the aforesaid Application

dated 17.8.2016 for withdrawal and prays that the aforementioned Application No.CGIT-12 of 2012 filed by him as

Applicant under Section 2A(2) of the Industrial Disputes Act, 1947 be disposed of as withdrawn.

16.

Mr. J.Sawant, learned counsel for the Applicant submits that in view of the averments made in the aforesaid

Application dated 17.8.2016, for withdrawal filed on behalf of the Applicant and in view of the statement made by

Mr.Tejas Arun Mahajan, Applicant before the Tribunal today, the aforementioned Application No.CGIT-12 of 2012

may be dismissed as withdrawn.

Mr. M.B. Anchan, holding brief for Mr.Umesh Nabar, learned counsel for the Respondent/Opposite Party

(Mumbai Port Trust) states that the Respondent/Opposite Party has no objection to the above prayer made by the

Applicant being granted.

17.

In view of the above, it is evident that the Applicant (Tejas Arun Mahajan) is no more interested in pursuing the

aforementioned Application No.CGIT-12 of 2012 filed by him under Section 2A(2) of the Industrial Disputes Act,

1947, and he is not desirous of seeking the Reliefs sought in the said Application, and he is desirous of withdrawing the

said Application.

18.

Accordingly, the aforementioned Application No.CGIT-12 of 2012 filed by the Applicant (Tejas Arun Mahajan)

is dismissed as withdrawn. It is made clear that no liberty is being given to the Applicant (Tejas Arun Mahajan) for

filing fresh Application under Section 2A(2) of the Industrial Disputes Act, 1947 on the same cause of action.

19.

Award is passed accordingly.

Justice S. P. MEHROTRA, Presiding Officer

ubZ fnYyh] 25 uoEcj] 2016

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gqvk FkkA

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New Delhi, the 25th November, 2016

S.O. 2314.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 07/1991) of the Central Government Industrial Tribunal-cum-

Labour Court, Asansol as shown in the Annexure in the Industrial Dispute between the management of Allahabad Bank

and their workmen, received by the Central Government on 25.11.2016.

[No. L-12012/360/1990-IR (B-II)]

RAVI KUMAR, Desk Officer

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5371

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, ASANSOL

PRESENT : Sri Pramod Kumar Mishra, Presiding Officer

REFERENCE NO. 07 OF 1991

PARTIES :

The management of Allahabad Bank, Ukhra Branch

Vs.

Sri Sunil Kumar Rooj

REPRESENTATIVES:

For the management

Sri M. K. Bandopadhyay

For the union (Workman)

Sri A. N. Pal

Industry : Banking

State : West Bengal

Dated : 27.06.2016

AWARD

In exercise of powers conferred by clause (d) of Sub-section(1) and Sub-section 2(A) of Section 10 of the

Industrial Disputes Act, 1947(14 of 1947), Govt. of India through the Ministry of Labour vide its letter NO.

L-12012/360/90–IR.B(II) dated 06.03.1991 has been pleased to refer the following dispute for adjudication by this

Tribunal.

SCHEDULE

“Whether the action of the management of Allahabad Bank, Ukhra Branch, District Burdwan in dismissing Sri

Sunil Kumar Rooj, Peon-cum-Farrash with effect from 03.09.1987 is justified. If not to what relief the workman

concerned is entitled?”

1. Having received the Order NO. L-12012/360/90–IR.B(II) dated 06.03.1991 of the above said reference from

the Govt. of India, Ministry of Labour, New Delhi for adjudication of the dispute, a reference case No. 07 of 1991 was

registered on 14.03.1991. Accordingly an order to that effect was passed to issue notices through the registered post to

the parties concerned, directing them to appear in the court, on the date fixed and to file their written statements along

with the relevant documents and a list of witnesses in support of their claims. In pursuance of the said order notices by

the registered post were sent to the parties concerned. Both the parties appeared in the Tribunal, through their

representative.

The delinquent workman Sri Sunil Kumar Roos has stated, in brief, in his Written Statement that he was

appointed on permanent post in Peon cum Farrash vide letter No. R.O./Staff/4845 dated 13.06.1977 in Allahabad bank

at Gourhati Branch. On basis of mutual transfer in place of Sri Prabir Mukherjee he joined at Ukhra Branch of

Allahabad Bank on 06.08.1980. He has described the duties of Daftry as defined in Clause (VII) of part II under

settlement dated 19.10.1966 between the representative of workman and Indian Bank Association in banking industry.

Sri Mahendra Rai the then manager of the bank lodged a written complaint on 26.08.1989 that some one withdrew

Rs.12,400/- (Rupees Twelve Thousand Four Hundred only) from Saving Bank Account No. 1371 by forging signature

of Sri Tej Narayan Singh on different dates which was detected by the pass book of Sri Tej Narayan Singh. The police

started investigation and arrested the delinquent Sri Sunil Kumar Roos. Sri S. K. Roos was suspended at the whisper of

the said branch manager on 11.11.1983. The Judicial Magistrate of Burdwan released Sri Sunil Kumar Roos on bail. Sri

Sunil Kumar Roos by letter requested the bank to join his duties but management did not paid heed to his request. Sri

Sunil Kumar Roos was charge sheeted and suspended by letter dated 31.10.1984. Sri Sunil Kumar Roos in his reply to

the charge sheet refused all the charges against him. Management was not satisfied by the reply submitted by Sri Sunil

Kumar Roos and consequently appointed Sri I. K. Sinha, Personal Officer of the Bank to enquire into the charges

levelled against Sri Sunil Kumar Roos. Sri Ashok Kumar Singh, General Secretary of All India Allahabad Bank

Association was allowed to represent the delinquent. During course of enquiry several witness were examined on

behalf of the management. None of the witnesses deposed that he personally saw Sri Sunil Kumar Roos taking

withdrawal forms, obtaining permission on it of the branch manager. Ledger Keepers did not see the delinquent issuing

tokens and entering the said withdrawal forms in the ledger. The passing officers passed the said withdrawal forms by

tallying the signature of the customers with the specimen signature cards kept by the bank in the Methodex Cabinet.

The Methodex Cabinets are kept under the control of officers, which can not be handled by other employees except

passing officers and the manager. As per rule and practice the Methodex cabinets are kept under lock and key after

operating hours of bank. In the enquiry proceeding none deposed that he has seen Sri Sunil Kumar Roos taking original

specimen signature cards and replacing it with forged signature cards. The Branch Manager did not say that those

signature cards do not contain his initials / signatures. The said forged specimen signature cards are not brought on

record of enquiry. There is nothing on the record that Sri Sunil Kumar Roos stole the Cheque form the customer and

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THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

withdrew money from his account. The Handwriting Expert is not a qualified person he used to procure business form

the bank and gave his opinion which suited his client. He was supplied photocopies of the documents to form his

opinion. His opinion can not be taken as conclusive proof of evidence. In criminal case the Investigating Officer

submitted final report before Sub-Judicial Magistrate. There was nothing transpired against Sri Sunil Kumar Roos.

Sub-Judicial Magistrate exonerated Sri Sunil Kumar Roos of all the charges against him, but the Enquiry Officer

ignored the finding of the court and continued departmental enquiry against him. The Enquiry Officer was biased. He

did not apply his mind on evidence on record and gave his finding which was not based on the record of the enquiry.

Without appreciating the evidence on the record the Enquiry Officer held Sri Sunil Kumar Roos guilty of all the

charges. The Disciplinary Authority also acted mechanically and did not apply his mind at all. Sri Sunil Kumar Roos

was dismissed from service with immediate effect vide letter dated 08.01.1987. The dismissal of Sri Sunil Kumar Roos

is unlawful, unfair and unjustified. He has prayed that the Tribunal may kindly pass the award holding that dismissal of

Sri Sunil Kumar Roos is unjustified. He has prayed for his reinstatement in service from the date of his arrest from

11.11.1983 with full pay with 18% of Interest till his re-instatement with all other benefits. He has also prayed to award

cost for his harassment and suffering.

The Manager, Ukhra branch Allahabad Bank district Burdwan has filed Written Statement denying allegations

of Sri Sunil Kumar Rooz. The bank has stated that Written Statement of Sri Sunil Kumar Rooz is not maintainable. He

has further stated that Sri Sunil Kumar Rooz the concerned workman committed several defalcation of money from

21.03.1983 to 20.07.1983 by forging signature of different account holders of the said branch of Allahabad bank.

Therefore on 18.05.1983 and 26.05.1983 two separate FIRs were lodged at Andal Police Station. The Investigating

Officer did not diligently investigate the case. The Investigating Officer submitted final report on 03.04.1985 without

taking specimen signature of Sri Sunil Kumar Rooz. Investigating officer without getting the disputed signature of Sri

Sunil Kumar Rooz and accepted signature of the workman for examination by handwriting expert filed final report,

which can not be relied upon any way. The management of the Bank after receiving complaint from at least 3 account

holders and on feeling that there has been a gross violation of the department rules and in-action on the part of Police

Authority held enquiry. The management of the Bank issued charge sheet to the delinquent on 31.10.1984 and called

upon Sri Sunil Kumar Rooz to submit explanation. The workman by his reply dated 12.11.1984 denied the allegations

against him. The Disciplinary Authority being unsatisfied on the explanation of the concerned workman passed

necessary orders for a departmental enquiry against Sri Sunil Kumar Rooz. The Disciplinary Authority appointed Sri I.

K. Sinha, the Enquiry Officer and Sri Hardeo Singh as Presenting Officer by Order dated 22.11.1984. After issuance of

notice to the delinquent the enquiry commenced on 29.12.1984. The workman concerned together with his defence

representative Sri Ashok Kumar Singh, General Secretary, All India Allahabad Bank Indian Staff Association

participated in the enquiry proceeding. The concerned workman was given plenty of opportunities to inspect / verify

the documents submitted by the Presenting Officer in support of the charges and he was allowed to produce list of

witnesses in his defence. The representative of the workman concerned participated in cross-examination of the

management witness and examining the Presenting Officer. The workman has been given all reasonable and sufficient

opportunity to defend himself in compliance of Natural Justice. The Enquiry Officer submitted his enquiry report on

17.11.1986 before the Disciplinary Authority. Sri Sunil Kumar Rooz, the concerned workman was held guilty of all 15

charges levelled against him. The workman was held guilty for gross misconduct within the Para-19.5(J) of 1^st Bipartite

Settlement dated 19.10.1966. The Disciplinary Authority after considering the report of enquiry officer and after

analyzing the evidence in respect of each charge against the workman, held the workman guilty of misconduct in terms

of Para-19.5(J) of the 1^st Bipartite Settlement, 1966. On 02.12.1986 in terms of Para-19.6(c) of the said settlement

issued Show Cause notice to the concerned workman. Sri Sunil Kumar Rooz submitted his reply on 16.12.1986 to such

Show Cause Notice which did not satisfied the Disciplinary Authority, as the concerned workman failed to substantiate

his plea in his reply to such Show Cause Notice. The concerned workman was held guilty of gross misconduct in terms

of the Para-19.5(J) of 1^st Bipartite Settlement, 1966. The workman was punished in terms of the para-19.6(a) of the said

settlement. The workman and his association preferred an appeal against the Order of Disciplinary Authority.

Disciplinary Authority after allowing a personal hearing of the parties on 03.07.1987 confirmed the order of

Disciplinary Authority. There is no lacuna in the enquiry proceeding. The departmental enquiry is not perverse. The

enquiry was conducted by the Enquiry Officer in strict conformity with rules and procedure. The punishment imposed

on the delinquent workman is quite proportionate to the gross misconduct committed by the delinquent workman. The

bank has prayed that workman is not entitled to any relief. The reference is likely to be rejected.

The workman has filed rejoinder Written Statement he has reiterated the allegation of his Written Statement. He

has alleged that statement contained in the Written Statement of the Bank is based on distortion of facts. He has stated

that the Enquiry Officer was biased. He did not properly appreciate the evidence on record. Enquiry Officer submitted

his finding on conjecture and guess. The Enquiry Officer has relied on the evidence of unqualified Handwriting Expert

which was a paid man and not an independent person. The Enquiry Officer did not act judicially. The Appellate

Authority acted in mechanical manner. The management of Allahabad Bank has twisted the facts. He has been made

Escape Goat. He is innocent person.

¹Hkkx IIµ[k.M 3(ii)º

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5373

The workman has filed the following documents :

(i) Appointment Letter dated 13.06.1977, (ii) Mutual transfer Letter dated 05.08.1981, (iii) Mutual Transfer

Letter dated 29.07.1981, (iv) Copy of the charge sheet dated 31.10.1984, (v) Copy of reply dated 12.11.1984 of the

charge sheet, (vi) Copy of letter dated 12.11.1984 from advocate, (vii) Copy of Order No. 17 dated 14.05.1985

(S.D.J.M.), (viii) Copy of Order No. 18 dated 30.05.1983 (S.D.J.M.), (ix) Copy of Order No. 19 dated 13.06.1985

(S.D.J.M.), (x) Copy of the Final Charge Sheet dated 03.04.1985, (xi) Final decision of the Disciplinary Authority

dated 08.01.1987, (xii) Copy of the Letter dated 16.12.1986 to D.A., (xiii) Copy of the Letter dated 13.10.1987 with

order of A.A., (xiv) Copy of Appeal dated 31.01.1987, (xv) Enquiry Proceeding (record with the management), (xvi)

Ending of the Enquiry (record with the management), (xvii) Copy of the Letter dated 11.12.1989 to A.L.C., Ranigunj.

The Allahabad Bank has filed the following documents:

(i) Xerox Copy of the Charge Sheet, (ii) Xerox Copy of the Notice of enquiry dated 13.12.1984, (iii) Xerox

Copy of the Notice of Enquiry dated 07.01.1985, (iv) Xerox Copy of the Order of Appointing the Enquiry Officer and

Presenting Officer dated 22.11.1984, (v) Xerox Copy of the Letter of Sri S. K. Rooj authorizing Sri A. K. Singh,

General Secretary of All India Allahabad Bank Employees’ Association to represent him dated 31.01.1985, (vi) Xerox

Copy of the Report including Findings of Enquiry Officer with list of Annexure, (vii) Xerox Copy of the Letter of Sri

A. K. Singh addressed to the Manager, Allahabad Bank, Ukhra Branch dated 04.03.1985 on inspection of documents,

(viii) Xerox Copy of the Decision of the Disciplinary Authority dated 02.12.1986, (ix) Xerox Copy of the Show Cause

Reply Filed by Sri S. K. Rooj, (x) Xerox Copy of the Decision of the Disciplinary Authority dated 02.12.1986, (xi)

Xerox Copy of the Final Decision of the Disciplinary Authority dated 08.01.1987, (xii) Xerox Copy of the Letter of

Appeal filed by Sri S. K. Rooz, (xiii) Xerox Copy of the Appeal Proceedings, (xiv) Xerox Copy of the Order of the

Appellate Authority dated 03.09.1987, (xv) Xerox Copy of the Expert opinion on signature Hand Writing of Sri Tej

Narayan Singh, (xvi) Xerox Copy of the Expert opinion on signature Hand Writing of Sri Golam Mostafa, (xvii) Xerox

Copy of the Expert opinion on signature Hand Writing of Sri Sidheswar Sarkar, (xviii) Xerox Copy of the Markings of

Reasons of Expert Opinion.

Beside that Allahabad Bank has filed original enquiry file before the Tribunal. Allahabad Bank has examined

Sri I. K. Sinha, Enquiry Officer as MW-1 he has been cross-examined by the workman.

Sri A. N. Pal the learned union representative appeared on behalf of Sri Sunil Kumar Rooj and Sri M. K.

Bandopadhyay the learned advocate appeared on behalf of the Allahabad Bank. Both the parties have filed their written

arguments. Besides I have heard the argument of both the parties in person.

The representative of the workman Sri A. N. Pal has cited following case law in his support (i) Union of India

v/s H. C. Goel, AIR 1964 SC 364, (ii) Surath Chandra Chakrabarty v/s State of West Bengal, AIR 1971 Supreme

Court Page 752 and (iii) M. V. Bijlani v/s Union of India and others (2006) 5 Supreme Court Cases 88

The learned representative of the workman has argued that the charge sheet has been issued to the workman in

contradiction to the established norms with bias and with a predetermined mind and pre-concluded mindset that the

accused is actually guilty of the charges levelled against him. The charge sheet is silent on the charges levelled against

the said accused in respect of the ‘fraudulent withdrawal’. The charge sheet is devoid of any charges against the

accused in respect of any anomaly or discrepancy or fraud committed by the accused in the process of withdrawal. The

process of withdrawal is that cheque is presented before the Counter Clerk after duly filling it. The Counter clerk on

verification of the particulars in the said cheque and being satisfied therewith issues a token to the drawer after

endorsing the said token number on the presented cheque along with his initial, the same in then forwarded to the

Passing Officer after posting the details in the Ledger Book. The Passing Officer verifies the cheque and tallies the

signature of the cheque with the signature of the drawer with the bank kept in the safe custody of the Passing Officer in

the Methodex Box designated for keeping signature of the customer of the bank. Upon full satisfaction the Passing

Officer conformed the ledger entry by his initial and send the cheque to the Cash Counter. Cashier then calls for the

token holder though the token number depicted in the cheque and allows the token holder to receive the money against

the said cheque. The Token Holder after accepting the payment puts his signature on the reverse said of the cheque then

cashier noted down the details in the payment register. The charge sheet fails to provide any material as to any fraud

committed by the accused in respect of withdrawal. The Investigating Officer submitted final report in criminal case

against the workman. The Sub-Divisional Magistrate exonerated Sri Sunil Kumar Rooj against the charges in criminal

case. The enquiry officer was biased. His finding is based on conductor and surmises without any evidence on record.

The Enquiry Officer has exceeded his authority and framed excess charge in enquiry for which accused was not charge

sheeted. The accused has no access to the Methodex Box which was in complete custody of the Officer. Even the

Clerical Staff has no access to the Methodex Box. Due to shortage of staff the accused was directed by superior to issue

the tokens and post entry in the Ledger. None of the witnesses deposed that they saw accused filling the particular of

the withdrawal form i.e. M/46 and M/42. The Enquiry Officer failed to appreciate the delay of the bank in lodging the

complaint in police. There are 2 parallel proceedings against the accused; one the Criminal Proceeding and another is

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the Departmental Proceeding. The FIR was lodged after delay of 23 days and even accused was not named in the FIR.

The Enquiry Officer has not considered the final report which has been filed by the Investigating Officer against the

accused. Even the Enquiry Officer did not consider the fact that the accused was exonerated in criminal charge by the

S.D.M. Court. The entire proceeding is based on conjectures, surmises and without any proper appreciation of evidence

against the accused in departmental proceeding.

10.

On the other hand the learned advocate Sri M. K. Bandopadhyay of Allahabad Bank has argued that Written

Statement filed by the workman is not maintainable because workman or his union representative has not put his seal

and signature in his Written Statement. The account holders of Ukhra Branch of Ukhra Branch (i) Sri Tej Narayan

Singh, Account No. SB 1371, (ii) Sri Sidheswar Sarkar, Account No. SB 3747 and (iii) Golam Mostafa, Account No.

SB 3745 made a complaint about the defalcation of money from their respective account. In view of the complaint

Bank Authority investigated the matter as per the established procedure with complying the Principle of Natural

Justice. After investigation it was found that Sri Sunil Kumar Rooj was involved in the above mentioned defalcation

matter and accordingly the bank lodged 2 FIRs on 18.05.1983 and 26.05.1983 at Andal Police Station. Further an

enquiry was initiated and charge sheet dated 31.10.1984 vide Ref. No. ROII/INS/FF3066 was issued to Sri Sunil

Kumar Rooj specifying the charges and seeking his explanation which was replied by Sri Sunil Kumar Rooj. During

enquiry Sri Sunil Kumar Rooj admitted in his disposition that he was performing the duties of Daftry as well as Clerical

duty apart form his normal duty of Peon cum Farrash. The argument of Sri Sunil Kumar Rooj is baseless that the

Handwriting Expert is un-qualified person. The Handwriting Expert is expert in his job. Dismissed employee was given

sufficient opportunity to cross-examine the management witnesses and to defend himself during enquiry proceeding.

Enquiry was conducted in strict compliance of rules and Principles of Natural Justice. The Enquiry Officer has conduct

enquiry in full compliance of Natural Justice. There are no latches and lapses in enquiry proceeding by the Enquiry

Officer. All 15 witnesses examined by the management have proved the misconduct of the workman. The Handwriting

Expert has deposed that signature on withdrawal from is of Sri Sunil Kumar Rooj. The Disciplinary Authority after

carefully perusing the report of Enquiry Officer held Sri Sunil Kumar Rooj guilty for gross misconduct for fraudulently

withdrawing money form the Account Holders. The delinquent was issued Show Cause Notice. The Disciplinary

Authority considered the explanation of Sri Sunil Kumar Rooj. Sri Sunil Kumar Rooj failed to submit any satisfactory

reply to Disciplinary Authority to show cause notice. Therefore considering the gravity of gross misconduct the

Disciplinary Authority passed the Dismissal Order vide letter dated 08.01.1987. The workman filed an appeal before

the Appellate Authority, but appeal was rejected. The punishment imposed on delinquent is quite proportionate.

11.

I have heard the argument of both side and perused the written argument and record of reference.

12.

It is admitted fact by both the parties to reference that delinquent workman Sri Sunil Kumar Rooj was in

permanent employment of Allahabad Bank at Ukhra Branch on post of Peon cum Farrash before dismissal. The

delinquent workman has been charge sheeted by Allahabad Bank by Ref. No. RO-II/Ins/FF/003066 dated 31.10.1984.

The concerned workman has been charge sheeted on 15 counts. From perusal of charge sheet it is apparent that he has

been charge sheeted for forged withdrawal of money Rs. 1000/- on 21.03.1983, Rs. 1500/- on 29.03.1983, Rs. 2000/-

on 16.04.1983, Rs. 4000/- on 10.05.1983 and Rs. 2000/- on 21.05.1983 total Rs. 10,500/- from Account No. SB3747

stands in the name of Sri Sidheswar Sarkar ; Rs. 4000/- on 25.04.1983, Rs.5000/- on 29.04.1983, Rs. 2500/- on

05.05.1983 and Rs. 900/- on 01.06.1983 Total Rs.12400/- from Account No. SB1379 stands in the name of Sri Tej

Narayan Singh ; Rs. 5000/- on 07.06.1983, Rs. 4000/- on 10.06.1983, Rs. 4000/- on 13.06.1983, Rs. 3000/- on

22.06.1983, Rs. 3000/- on 04.07.1983, and Rs. 2500/- on 20.07.1983 Total Rs. 21,500/- from Account No. SB3745

stands in the name of Golam Mostafa.

13.

In argument, delinquent Sri Sunil Kumar Rooj has described the procedure, for withdrawal of cash from bank.

In this way, he has tried to demonstrate the infeasibility of withdrawal of money by himself. He has challenged the

departmental enquiry being devoid of natural justice and non-consideration of his exoneration in criminal case by court

and non-consideration of his defence evidence. Besides, he has also challenged the admissibility of evidence of

Handwriting Expert.

14.

Form perusal of enquiry proceeding, it is manifest that enquiry proceeding was held in 48 dates, from

29.12.1984 to 16.08.1996, in presence of both the parties. The Presenting Officer has examined 15 management

witnesses for proving the charges of delinquent Sri Sunil Kumar Rooj namely ; (i) Sri Ashim Kumar Saha – MW1,

(ii) Sri A. K. Ganguly – MW2, (iii) Sri M. P. Kundu – MW3, (iv) Sri Sujit Kumar Roy – MW4, (v) Sri M.N.Rai –

MW5, (vi) Sri Chandrashekhar Saha – MW6, (vii) Sri Ashok Kumar Mandal – MW7, (viii) Sri Subikash Sengupta –

MW8, (ix) Sri Bikash Mandal – MW9, (x) Sri Tej Narayan Singh – MW10, (xi) Sri Sidheswar Sarkar – MW11,

(xii) Sri Mahadeo Das – MW12, (xiii) Sri Golam Mostafa – MW13, (xiv) Sri T. K. Deb – MW14, (xv) Sri Bholanath

Ganguly, Handwriting Expert – MW15.

The delinquent Sri Sunil Kumar Rooj has been afforded opportunity to cross-examine all the management

witnesses. The delinquent workman, Sri Sunil Kumar Rooj has cross-examined all the management witnesses. The

Enquiry Officer has permitted the delinquent to be assisted by co-worker of his choice namely, Sri A. K. Singh, the

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union representative. On all dates of enquiry proceeding Sri Sunil Kumar Rooj was present. The Enquiry Officer has

recorded evidence, for each charge, separately. The Enquiry Officer has, in his wisdom, recorded his separate finding

for each charge. During enquiry proceeding the delinquent employee Sri Sunil Kumar Rooj has admitted in his

deposition that he was performing the duties of Daftry as well as Clerical duties at Page-22 of Enquiry Report apart

from his normal duties of Peon cum Farrash. Other witnesses have also confirmed this fact in their deposition. The

delinquent has also admitted this fact in his written argument. Sri Bholanath Ganguly, the Handwriting Expert who has

been examined by Enquiry Officer as MW-15 was engaged for examining the signature of the delinquent with the

relevant payment vouchers and other documents and to give report in details about his examination. Sri Bholanath

Ganguly, the Handwriting Expert has stated that, “I hold the opinion that the writing of the Four Leave Application of

Sri Sunil Kumar Rooj, charged employee, and the writers of the signatures in the withdrawals are the same person.”

This document has been exhibited as M5. The opinion of Handwriting Expert is admissible under section 45 of

Evidence Act. After conclusion of enquiry the Enquiry Officer has recorded finding that charges from 1 to 15 are

proved and in every charge Sri Sunil Kumar Rooj, the charge sheeted employee is guilty. The Enquiry Officer

submitted his enquiry report on 17.11.1986 and observed in his report that “All the transgressions on the part of the

charged employee are deemed gross misconduct within the meaning of Para-19.5(J) of the 1^st Bipartite Settlement

dated 19.10.1966.” Before submission of Enquiry Report the Enquiry Officer has considered the defence evidence of

Sri Sunil Kumar Rooj.

15.

On careful perusal of Enquiry Proceeding, Evidence and Enquiry Report it is evident that the Enquiry Officer

has conducted the departmental enquiry in full compliance of natural justice. Before passing order of dismissal the

competent authority has issued 2^nd Show Cause Notice. After receiving explanation of the delinquent Sri Sunil Kumar

Rooj before passing Dismissal Order he gave personal hearing to Sri Sunil Kumar Rooj. The Allahabad Bank has

examined Sri I. K. Sinha as MW1 in the Tribunal on point of fairness of enquiry. Sri I. K. Sinha the Enquiry Officer

has proved the enquiry proceeding on fairness of enquiry. Sri Sunil Kumar Rooj has cross-examined the MW1, Sri I. K.

Sinha on 11.04.1997 and 03.09.1997 in the Tribunal. The learned predecessor of this Tribunal has decided the question

of fairness of enquiry as preliminary point on 03.09.1997. The learned predecessor has passed the order on order sheet

dated 03.09.1997 and has held that “ There is no invalidity in the enquiry proceeding.” The argument of learned union

representative on behalf of workman Sri Sunil Kumar Rooj has no force.

16.

Hon’ble Supreme Court in Nirmala J. Jhala v/s State of Gujarat and other, 2013 LAB. I.C. 2113 has held

that :

“The disciplinary proceedings are not a criminal trial, and in spite of the fact that same are quasi-judicial and

quasi-criminal, doctrine of proof beyond reasonable doubt, dose not applies in such cases, but the principle of

preponderance of probabilities would apply. The court has to see whether there is evidence on record to reach

the conclusion that the delinquent had committed a misconduct.”

17.

Hon’ble Supreme Court Commissioner of Police, New Delhi v/s Narender Singh, 2006 (109) FLR 852 has

held that :

“Law is well settled that if an employee has been acquitted of criminal charge, the same by itself would not be a

ground not to initiate a departmental proceeding against him or to drop the same in the event and order of

acquittal is passed.”

18.

In view of Hon’ble Apex Court exoneration in criminal case by court will not afford opportunity to claim non-

prosecution in departmental proceeding. The object of criminal proceeding in court and departmental proceeding by

department are different. The object of prosecution in criminal proceeding in court is to punish the offender for his

alleged act of crime, whereas the object of departmental proceeding is to cure civil wrong and to punish for his

misconduct by pursuing rules in particular department. The Hon’ble Apex Court has also opined that evidence in

departmental proceeding need not to be proved like a criminal case. In criminal case the guilt of accused is proved by

evidence to the hilt of beyond reasonable doubt. But concept of ‘beyond reasonable’ doubt is not applicable to

departmental enquiry. Every establishment lays down certain rules and regulations apart form the Government’s rules

and regulations for better, effective and efficient working of the establishment. For such purpose an establishment also

constitutes its own rules as per the provision of Labour and Industrial Laws so as to punish these employees who

commits any wrong or misconduct under the course of employment. Disciplinary proceeding will judge the degree and

consequences of misconduct committed by an employee. The concept of misconduct on the part of an employee arises

out of the terms and conditions, the contract of service and is intimately connected with the rules of discipline and

rules and regulation governing their employment. Any act in violation of such rules and regulation will be a

misconduct. If an employee fails to perform work at the command or order of his superior and in the method or manner

he requires to do, the employee is guilty of misconduct and the misconduct then constitutes justification for

punishment. The said punishment may take various forms i.e. warning, demotion, fine, stoppage of increment,

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THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

discharge and dismissal from service depending upon the gravity of the misconduct committed by the employee during

course of employment.

19.

Karnataka Bank Limited v/s A. L. Mohan Rao (2006) 1 SCC 63 :

In this case the delinquent employee was charged that he had colluded with one of the branch managers and

enabled grant of fictitious loan. The Hon’ble High Court interfered with the punishment of dismissal and ordered re-

instatement on sympathetic ground even when misconduct was proved. The Hon’ble Supreme Court reversed the

judgment of Hon’ble High Court and held that court should not be guided by misplaced sympathy.

20.

The present case at hand, the misconduct of delinquent is rather more serious. He has deliberately taken

unauthorized withdrawal of cash from account of different depositors for his wrongful gain.

21.

The delinquent workman has relied on Union of India v/s H. C. Goel, AIR 1964 SC 364 the Hon’ble

Supreme Court has held that :

“ Findings of facts recorded by an enquiry officer entrusted with the work of holding a departmental enquiry

into misconduct of Government servant under Rule 55 of the Civil Services (Classification, Control and Appeal)

Rules are not binding on the Government. The view on evidence adduced against the Government servant and

proceed on the basis that the conclusions of fact recorded by the enquiry officer were unsound and erroneous.

Consequently where the enquiry officer has made a report in favour of the Government servant but the

Government taking a contrary view issues a second notice which subsequently results in the dismissal of the

government servant, the action of the Government cannot be said to be in contravention of the constitutional

safeguards afforded by Act 311 (1) and (2) of the Constitution. ”

22.

The delinquent workman has relied on Surath Chandra Chakrabarty v/s State of West Bengal, AIR 1971

Supreme Court Page 752 :

In this case the departmental enquiry was conducted against Assistant Director of Fire Services and Regional

Officer Calcutta Industrial Area. The proceeding was conducted under Fundamental Rule 55 of Central Service

(Classification, Control and Appeal) Rules. The appellant delinquent was not supplied the statement of allegations for

which he repeatedly requested to supply, charges were extremely vague and indefinite. In spite of this he was not

informed about the fact and circumstances and particulars. Appellant delinquent was denied a proper and reasonable

chance to defend himself the Hon’ble Supreme Court held that there was violation of rules.

23.

The delinquent workman has relied on M. V. Bijlani v/s Union of India and others (2006) 5 Supreme

Court Cases 88 :

In this case disciplinary proceeding was initiated after 6 years of incident. Even though departmental enquiry

concluded in seven years, the Enquiry Officers ignored the statement of witness which was against the department.

Enquiry Officer wrongly relied on police report which was not even proved. The Hon’ble Supreme Court in view the

fact directed the re-instatement of delinquent with 50 % back wages.

24.

I have perused the case law on which reliance has been place by Sri Sunil Kumar Rooj. I am in respectful

agreement with the view propounded by the Hon’ble Apex Court. But the facts of present reference are quite different

from the facts of the case law relied by Sri Sunil Kumar Rooj.

25.

It has been proved in departmental enquiry by the management of Allahabad Bank against the concerned

workman Sri Sunil Kumar Rooj that Sri Sunil Kumar Rooj held a place of trust and confidence. While discharging the

duties of Peon cum Farrash due to shortage of staff he was performing the Clerical duties. While holding such a

position he was in a position to manipulate the documents. He withdrew the cash from the Account holders of the bank

by forging the relevant documents. He defalcated the money from account of respective account holders for his

personal wrongful gain and for wrongful loss to the bank. He lost the confidence of management of bank by his

misconduct. Therefore management of Allahabad Bank dispensed with the services of delinquent because in the

opinion of the management to continue the delinquent further in the service would not only be embarrassing but would

be detrimental to the interest of functioning of bank as well as security to the establishment. The Financial Institutions

like banks are public sector undertaking. They are custodian of public money and are consequently accountable to

public, for their deposits in bank. If such defalcation of money and forgery go unpunished by department, not only the

functioning of bank could be jeopardized but faith of public will also shatter. Keeping in view the gravity of

misconduct of delinquent Sri Sunil Kumar Rooj the punishment of dismissal from service is quite proportionate to the

proven guilt and does not require interference by Tribunal.

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26.

In view of discussion above, the action of management of Allahabad Bank, Ukhra Branch, District - Burdwan,

in dismissing Sri Sunil Kumar Rooj Peon cum Farrash, w.e.f. 03.09.1987 is justified. The workman concerned is not

entitled to any relief.

ORDER

Let an “Award” be and the same is passed as per above discussion. Send the copies of the order to the Govt. of

India, Ministry of Labour, New Delhi for information and needful. The reference is accordingly disposed of.

PRAMOD KUMAR MISHRA, Presiding Officer

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New Delhi, the 25th November, 2016

S.O. 2315.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 118/2014, 119/2014, 120/2014, 122/2014 and 4/2015) of the

Central Government Industrial Tribunal-cum-Labour Court, Chennai as shown in the Annexure in the Industrial

Dispute between the management of M/s.. Chennai Container Terminal Ltd. and their workmen, received by the

Central Government on 25.11.2016.

[No. L-33012/01/2014-IR (B-II),

No. L-33012/02/2014-IR (B-II),

No. L-33012/04/2014-IR (B-II),

No. L-33012/05/2014-IR (B-II),

No. L-33012/03/2014-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

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

CHENNAI

Thursday, the 27^th October, 2016

Present : K. P. PRASANNA KUMARI, Presiding Officer

ID Nos. 118, 119, 120, 122 of 2014 and ID 4 of 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 Chennai Container Terminal Ltd. and their

workman)

BETWEEN :

Sri G. Suresh Kumar

Petitioner in ID 118 of 2014

Sri R. Harikrishnan

Petitioner in ID 119 of 2014

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THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

Sri G. Bhuvanesh

Petitioner in ID 120 of 2014

Sri S. Balachandran

Petitioner in ID 122 of 2014

Sri K. Lakshmanan

Petitioner in ID 4 of 2015

AND

The Chief Executive Officer-cum Director

2^nd Party/Respondent

M/s. Chennai Container Terminal Ltd.

C/o Chennai Port Trust, Old Admn. Office Bldg.

Chennai-600001

Appearance :

For the 1^st Party/Petitioners

M/s. Row & Reddy, Advocates

For the 2^nd Party/Respondent

M/s. S. Ramasubramaniam & Associates, Advocates

S.No.

ID No.

Reference No.

& Date

Name of the I

Party

S/Sri

Name of the II Party

118/2014

L-33012/01/2014-IR

(B.II) dated 18.11.2014

G. Suresh Kumar

The Chief Executive Officer-cum-Director

M/s. Chennai Container Terminal Ltd.

Front Officer, C/o Chennai Port Trust

Old Administrative Office Building

1, Rajaji Salai

Chennai-600001

119/2014

L-33012/02/2014-IR

(B.II) dated 19.11.2014

R. Harikrishnan

The Chief Executive Officer-cum-Director

M/s. Chennai Container Terminal Ltd.

Front Officer, C/o Chennai Port Trust

Old Administrative Office Building

1, Rajaji Salai

Chennai-600001

120/2014

L-33012/04/2014-IR

(B.II) dated 19.11.2014

G. Bhuvanesh

The Chief Executive Officer-cum-Director

M/s. Chennai Container Terminal Ltd.

Front Officer, C/o Chennai Port Trust

Old Administrative Office Building

1, Rajaji Salai

Chennai-600001

122/2014

L-33012/05/2015-IR

(B.II) dated 19.11.2014

S. Balachandran

The Chief Executive Officer-cum-Director

M/s. Chennai Container Terminal Ltd.

Front Officer, C/o Chennai Port Trust

Old Administrative Office Building

1, Rajaji Salai

Chennai-600001

4/2015

L-33012/03/2014-Ir

(B.II) dated 19.12.2014

K. Lakshmanan

The Chief Executive Officer-cum-Director

M/s. Chennai Container Terminal Ltd.

Front Officer, C/o Chennai Port Trust

Old Administrative Office Building

1, Rajaji Salai

Chennai-600001

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5379

COMMON AWARD

The Central Government, Ministry of Labour & Employment vide the above order of references referred the IDs

mentioned above to this Tribunal for adjudication.

The schedule mentioned in the orders of reference in the above IDs are as under:

ID 118/2014

“Whether the action of the management of Chennai Container Terminal Ltd., Chennai regarding termination of

the services of Sri G. Suresh Kumar is justifiable or not? What relief the workman is entitled to?”

ID 119/2014

“Whether the action of the management of Chennai Container Terminal Ltd., Chennai regarding termination of

the services of Sri R. Harikrishnan is justifiable or not? What relief the workman is entitled to?”

ID 120/2014

“Whether the action of the management of Chennai Container Terminal Ltd., Chennai regarding termination of

the services of Sri G. Bhuvanesh is justifiable or not? What relief the workman is entitled to?”

ID 122/2014

“Whether the action of the management of Chennai Container Terminal Ltd., Chennai regarding termination of

the services of Sri S. Balachandran is justifiable or not? What relief the workman is entitled to?”

ID 4/2015

“Whether the action of the management of Chennai Container Terminal Ltd., Chennai regarding termination of

the services of Sri K. Lakshmanan is justifiable or not? What relief the workman is entitled to?”

On receipt of the Industrial Dispute this Tribunal numbered it as IDs 118/2014, 119/2014, 120/2014, 122/2014

and 4/2015 and issued notices to both sides. Both sides entered appearance through their counsel and filed Claim and

Counter Statement respectively.

The averments in the Claim Statement filed by the petitioner in ID 118/2014 are as below:

The Respondent had taken over the entire Container Handling Operation of Chennai Port Trust in 2001 for a

period of 30 years. Initially the Respondent Company was incorporated by P&O Ports, Australia. In 2006 it was

transferred to DP World. It has been handling container terminal operations in 5 Ports viz. Chennai Container Terminal

Pvt. Ltd., India Gateway Terminal Pvt. Ltd., Mundra International Container Terminal Pvt. Ltd., Nhava Sheva

International Container Terminal Pvt. Ltd. and Visakha Container Terminal Pvt. Ltd. The petitioner joined service of

the Respondent as Checker in December, 2001. In May 2005 there was strike by more than 400 workmen of the

Respondent. In order to weaken the bargaining power of the workmen the Respondent gave namesake promotions to

some of them as Junior Officer Grade-I. The Respondent did not mention the nature of work to be discharged in the

post of Officer. The petitioner was designated as Junior Officer on 01.06.2005. In spite of this, he continued to do the

work of Checker. There was some slight increase in the pay of the petitioner. In April 2011 the petitioner was

designated as Officer. After this also he was doing the work of Checker. The Operators who joined as Checker with the

petitioner are drawing more salary though they continue to enjoy the protection of the Industrial Disputes Act. Since

the Respondent was adopting dual standards in wage pattern the employees joined Madras Port Trust Employees Union

to ventilate their grievances. On 14.02.2013 the Union placed a Charter of Demands stating that the benefits of the

settlement dated 19.01.2011 entered into between the Respondent and CCTEU should be extended to the so-called

Supervisory Staff / Officers also. As the Respondent failed to accede to the demands of the Union a strike notice was

given. On 17.07.2013 the Union furnished a list of members to the Conciliation Officer and requested him to direct the

Respondent to protect the service conditions of the workmen during the pendency of the proceedings. The Respondent

who came to know that the petitioner had joined HMS Union transferred him to Mundra International Container

Terminal Pvt. Ltd. w.e.f. 01.08.2013 and gave time to join the said terminal till 14.08.2013. This malafide transfer was

brought to the notice of the Conciliation Officer. The Conciliation Officer directed the Respondent to maintain status-

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quo. But the Respondent sent a letter on 06.08.2013 stating that action will be taken if the transfer order is not obeyed.

The transferred workers including the petitioner moved the High Court by filing Writ petition No. 22492/2013. When

the matter came up for hearing the Respondent withdrew the transfer order. Instead of directing the petitioner to report

for duty at Chennai the Respondent issued an order of termination on 21.04.2014. The petitioner sent a representation

to the Respondent stating that the transfer is against the provisions of the Industrial Disputes Act. It sent a reply

justifying the stand on the ground of surplus manpower in Chennai. The termination of the petitioner from service is

contrary to the Section-33 of the Industrial Disputes Act and is in violation of Section-25(G), 25(H) and 25(F) of the

Act. The action of the Respondent in transferring the petitioner is contrary to the terms of the Appointment Order. The

Respondent cannot transfer a workman to another terminal without the consent of the workman as each terminal are

separate entities. While terminating the petitioner, the Respondent has retained most of the juniors. The action of the

Respondent in terminating the petitioner amounts to retrenchment. An Award may be passed directing the Respondent

to reinstate the petitioner in service with backwages, continuity of service and all attendant benefits.

The Respondent has filed Counter Statement contending as below:

The dispute is not maintainable as the petitioner is not a workman under Section-2(s) of the Industrial

Disputes Act. The petitioner was working as Documentation Supervisor in Management Cadre and is not a workman.

The petitioner was earlier working as Checker. Lastly he was working as Documentation Supervisor in the Operations

Department of the Respondent. Four employees including contract employees were working directly under him. He

was personally supervising the work. As per the HR Policy and Procedure Manual of the Respondent inter-terminal

transfer of employees in management cadre are in vogue. Transfer is one of the conditions as per Clause-2 and Clause-

15 of the Promotion letter issued to the petitioner. The petitioner having been working in Management cadre, he is

liable to be transferred. The service conditions of the Officers are different from the service conditions of the workman

category. The petitioner who had joined service in the Respondent on 14.12.2001 as Checker continued to work as

Checker till 2005. The petitioner was promoted as Junior Officer in May 2005. Later he was elevated to the post of

Officer based on performance appraisal. The petitioner had several duties as Documentation Supervisor. Due to

reduction in the volume of business handled by the Respondent in Chennai it was decided that instead of terminating

the services of persons identified in Officers category they could be utilized in the subsidiary companies if they accept

and if not they could be considered for discharge. Some other terminals where the Respondent was doing business have

increase in the volume of business so it was decided to accommodate the surplus Officers in the other terminals. The

petitioner who was in officer’s category and found surplus was transferred to Nhava Sheva International Terminal,

Mumbai on 25.07.2013. The petitioner and four others who were transferred raised dispute before the Conciliation

Officer on 30.07.2013. In the meanwhile, they moved the High Court by a Writ Petition on the pretext that they are

workmen. An ex-parte order was passed in favour of the petitioner staying the transfer. The Respondent Management

issued a letter to the petitioner and other transferred employees on 19.08.2013 informing them that they will be treated

as on the rolls of Chennai Container Terminal Pvt. Ltd., Chennai though they need not report for duty. Later the

Respondent moved a petition seeking permission to terminate the services of the employees who had refused to accept

the order of transfer. The High Court observed that permission is not necessary for further action as it is for the

Respondent to take a decision. The Respondent thereafter decided to terminate the service of the petitioner. The

petitioner is not entitled to any relief.

The petitioner has filed a rejoinder denying the allegations in the Counter Statement and reiterating his case in the

Claim Statement.

The petitioner in ID 119/2014 had joined the service of the Respondent as Serviceman on 10.10.2001. He was

transferred by the Respondent to Mundra International Container Terminal Pvt. Ltd. This petitioner also has alleged in

his Claim Statement that consequent to the strike in the establishment in May 2005 the operations of the establishment

had come to a halt and later in order to weaken the bargaining power of the workmen he was given namesake

promotion as officer Grade-I and later promoted as Officer and subsequently as Senior Officer but all along he was

discharging the work of Serviceman itself. Since the petitioner refused to comply with the order of transfer he is said to

have been terminated from service on 21.04.2014. This petitioner also has claimed the relief of reinstatement in service

with backwages and other benefits.

The petitioner in ID 120/2014 had joined the service of the Respondent as Checker in May 2005. He was also

promoted as Junior Officer in March 2006 and as Officer in February 2008. In 2010 he was given the designation of

Senior Officer. This petitioner has also stated in the Claim statement that he was discharging the work of Checker only

all along in spite of the namesake promotions. He was transferred to Nheva Sheva International Container Terminal

Pvt. Ltd. He refused to oblige the order of transfer and he was terminated from service. This petitioner also has claimed

that he was all along a workman only and was not liable to be transferred and that his termination from service is by

way of victimization. He has also claimed the relief of reinstatement with backwages and other attendant benefits.

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The petitioner in ID 122/2014 also had joined the service of the Respondent as Checker on 15.10.2011. He was

promoted as Junior Officer in 2005, as Officer in 2010 and as Senior Officer in 2012 with some slight hike in the

salary. This petitioner was also transferred to Nheva Sheva International Container Terminal Pvt. Ltd. This petitioner

also has been terminated from service after he refused to comply with the order of transfer. He too has claimed that he

comes under the workman category in spite of namesake promotions and was not liable to be transferred and that his

termination is not legal and he is entitled to be reinstated in service with backwages and other attendant benefits.

10.

The petitioner in ID 4/2015 had joined the service of the Respondent as Checker on 04.10.2001. He was

designated as Operator RTG in 2005 and was asked to discharge the work of Checker at times of need. In 2009 he was

designated as Junior Officer but continued to do the work of Checker. He was also transferred to Mundra International

Container Terminal Pvt. Ltd. Subsequently he was terminated from service by order dated 21.04.2014. This petitioner

has also contended that he was all along a workman and his termination is illegal and he is entitled to be reinstated in

service with backwages and other attendant benefits.

11.

In all the other IDs the Respondent had filed Counter Statement raising contentions similar to those raised in ID

118/2014.

12.

The five IDs were decided to be tried jointly as the Respondent in all the IDs is the same and the issues to be

decided in all the petitions also are similar.

13.

The evidence was recorded in ID 118/2014 treating this as the main case. The evidence consists of oral evidence

of WW1 and MW1 and MW2 and also documents marked as Ext.W1 to Ext.W189 and Ext.M1 to Ext.M214.

14.

The points for consideration are:

(i)

Whether the termination of the petitioner in the respective IDs is legal and justifiable?

(ii)

What, if any is the relief to which each of the petitioners are entitled?

The Points

15.

The five petitioners have raised independent disputes consequent to their termination from service from the

Respondent establishment on 21.04.2014. All the petitioners have joined the establishment in the year 2001, four of

them as Checkers and one as Serviceman. At the time of termination they were working as Officers, the petitioner in ID

118/2014 and ID 4/2015 as Junior Officer and the petitioner in ID 119/2014, ID 120/2014 and ID 122/2014 as Senior

Officer.

16.

The petitioners have specifically stated in their respective Claim Statements that though they were given the

designation of Officers, they were not working in any supervisory or managerial capacity but always continued to do

the same work as they were doing immediately after their appointment and they continued to be workmen as defined in

the Industrial Disputes Act. They have stated that though they were given promotions, they were name sake with some

slight increase in the pay-scale but this was done only to weaken the bargaining capacity of the employees and they

continued to work as earlier, in spite of the promotions. The Respondent had resisted this contention in the Counter

Statement stating that none of the petitioners were workmen as defined in Section-2(s) of the Industrial Disputes Act at

the time of the termination but they were working as Officers in Management cadre. According to the Respondent, the

petitioners being in Managerial cadre the dispute is not maintainable before this Tribunal.

17.

In view of the rival contentions put forth by the parties the initial question to be considered is whether the

petitioners were workmen to whom the provisions of the Industrial Disputes Act are applicable at the time of their

termination. Only if the answer is in the affirmative there is necessity to probe into the merits of the other contentions

raised by the parties.

18.

Suresh Kumar, the petitioner in ID 118/2014 had been promoted as Junior Officer in 2005 and as Officer in 2010

and was working in the Operation Department at the time of the termination. Harikrishnan, the petitioner in ID

119/2014 was also promoted as Officer in 2005 and as Senior Officer in 2007 and was working in Maintenance

Department. Bhuvanesh, the petitioner in ID 120/2014 was promoted as Junior Officer in 2005, as Officer in 2008 and

Senior Officer in 2010 and were working in Operation Department. Balachandran, the petitioner in ID 122/2014 was

promoted as Junior Officer in 2005, as Officer in 2010 and Senior Officer in 2012 and was also working in the

Operation Department. Lakshmanan, the petitioner in ID 4/2015 was promoted as RTG Operator in 2005 and as Junior

Officer in 2009. He was also in the Operation Department at the time of termination. The essential question to be

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considered is whether in spite of their designation as Officers they were doing the work of workman only and not

carrying out any work in Managerial cadre or having any supervisory position.

19.

What are the factors to be considered in deciding whether an employee is only a workman or one working in

Managerial cadre? Both sides have relied upon judicial pronouncements in support of their contentions. As

contemplated in Section-2(s) of the Industrial Disputes Act, to be a workman a person must be employed in any

industry to do a manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward,

whether the terms of employment be express or implied. However, this definition is subject to certain exceptions

including Clause-V which states that a person employed in a supervisory capacity and draws wages exceeding Rs.

10,000/- per mensem or exercises either by the nature of the duties attached to the Office or by reason of the powers

vested in functions mainly of a managerial nature is not a workman. So if an employee is to be outside the purview of

Section-2(s) of the Act, (i) he should be one employed in a supervisory capacity (ii) must be drawing wages exceeding

Rs. 10,000/- and (iii) by nature of the duties attached to his office or because of the powers vested in him must be

functioning in managerial capacity mainly. Thus the very definition would show that it is not enough that the name of

the post carries with it a position indicating supervisory capacity or managerial cadre. On the other hand, his work

should be of such a nature that he should be working in supervisory capacity and drawing the required amount or

working in Managerial cadre, doing managerial functions.

20.

The counsel for the petitioner has referred to the decision of the Apex Court in SONEPAT COOPERATIVE

SUGAR MILLS LTD. VS. AJIT SINGH reported in 2005 3 SCC 232 to throw light on the question as to who is a

workman. The Apex Court has held in the above decision that a person would come within the purview of the

definition of workman if he is employed in any industry and performs any manual, unskilled, skilled, technical,

operational, clerical or supervisory work. It was further observed that the job of a Clerk ordinarily implies stereotype

work without power of control or initiative or creativeness. The question as to whether the employee has been

performing a Clerical work or not is required to be determined for arriving at a finding as regards the dominant nature

of the work and the issue as to whether an employee answers the description of the workman or not has to be

determined on the basis of conclusive evidence, it was further held.

21.

The counsel for the petitioner has also referred to the decision ANAND REGIONAL COOPERATIVE

OILSEEDS GROWERS UNION LTD. VS. SHAILESH KUMAR HARSHADBHAI SHAH reported in 2006 6 SCC

548. Here the Apex Court has held that while considering the question whether an employee is a workman or not undue

importance need not be given for the designation of an employee or the name assigned to or the class to which he

belongs. On the other hand, what is needed to be asked is what are the primary duties he performs. For this purpose, it

is necessary to prove that there were some persons working under him whose work is required to be supervised. Being

in-charge of a section alone and that too a small one relating to quality control would not answer the test, it was further

held. The decision has quoted the earlier decision 1970 3 SCC 248 (ANAND BAZAR PATRIKA PVT. LTD. VS.

WORKMEN) where it was held that whether a person is employed in a supervisory capacity or on clerical work

depends upon whether the main and principal duties carried out by him are those of a supervisory character or of a

nature carried out by a Clerk and if a person is mainly doing supervisory work but incidentally or for a fraction of the

time also does some Clerical work it would have to be held that he is employed in supervisory capacity and conversely

if the main work done is of Clerical nature the mere fact that some supervisory duties are also carried out incidentally

or as a small fraction of the work done by him will not convert his employment as a Clerk into one in a supervisory

capacity. If a person is having power or control or supervision in regard to recruitment, promotion, etc. the work

involves exercise of tact and independence and it is a supervisory work, it was held. Thus it is clear that irrespective of

the designation given to the position what is to be considered is the nature of the duties of the concerned employee.

22.

The counsel for the Respondent has argued that the petitioners have not proved their case that they continued to

be workmen at the time of their termination. The counsel has pointed out that it is essentially upon the employee to

plead and prove that he is a workman. Reference was made to the decision in MUKESH K. TRIPATHI VS. SENIOR

DIVISIONAL MANAGER, LIC AND OTHERS reported in 2004 8 SCC 387 in this respect. This decision lays down

that an employee has to plead and prove his case that he is a workman. Reference was also made to the decision in

DEOGIRI NAGARI SAHKARI BANK LIMITED VS. RAVINDRA BALAKRISHNA DESHPANDE reported in

2015 SCC ONLINE 6314. Referring to several earlier decisions the position that the employee is to establish that he is

a workman was reiterated in the above case. So there is no doubt that it is essentially upon the employee to plead and

prove the case that he is a workman and is entitled to the benefits of the provisions of Industrial Disputes Act.

23.

The basis for the argument of the counsel for the Respondent that the petitioners have not established their case

that they are workmen is that except Bhuvanesh, the petitioner in ID 120/2014, none of the other petitioners have come

forward to give evidence to prove their stand. Bhuvanesh examined as WW1 has stated that his evidence is on behalf of

the other petitioners as well. The documents in respect of other petitioners were also marked through this witness. This

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witness has stated in his affidavit in lieu of Chief Examination that the petitioners except Harikrishnan who joined as

Serviceman have joined as Checkers and that they continued to do the same work they were doing immediately after

their appointment even after their so-called promotions. He has stated that there was a strike in the establishment in

May 2005 and operation of the establishment had come to a halt for 13 days and consequently the Respondent, in order

to weaken the bargaining power of the workmen had given namesake promotions with very slight increase in the pay-

scale. He has pointed out that the promotions of all the petitioners have taken place in 2005 immediately after the

strike. However, during cross-examination this witness is not very assertive regarding the work that were carried out

by the other petitioners. He has stated during his cross-examination that the other petitioners were doing work different

from that of his and he has no direct personal knowledge of the actual work done by the petitioners in other disputes

except from what they have told him. Referring to this evidence of WW1 it has been argued by the counsel for the

Respondent that this witness is not competent to speak about the other petitioners and in the absence of evidence by the

other petitioners it is as good as there is no proof at all regarding the status of the other petitioners. There is no doubt

that it is essentially on the employees to prove that they are workmen. But proof does not mean oral evidence by the

concerned persons only. On the other hand, it is the sum total of the entire evidence on behalf of the petitioners as well

as of the Respondent. There are the undisputed documents produced and marked on the side of the petitioners. Apart

from this is the evidence of WW1 to the extent it can be relied upon. Then there is also the evidence of MW1 and

MW2, two competent witnesses examined on behalf of the Respondents and the voluminous documents marked on the

side of the Respondent in its attempt to establish that the petitioners do not come under the category of workman. When

both sides adduce evidence, the question of burden of proof pales into insignificance. In the decision in CHOLAN

ROADWAYS LTD. VS. THIRUGNANASAMBANDAM reported in 2005 3 SCC 241 it has been held that the

Industrial Tribunal should have applied the correct standard of proof in relation to a domestic enquiry which is

preponderance of probability and so also the principle of resipsa loquitor should have been applied. In the present case

both sides have adduced evidence and preponderance of probability is to be applied to find out whether there is enough

proof to show that the petitioners are workmen or not.

24.

Now it is to be seen from the evidence whether there is sufficient material to come to a conclusion whether the

petitioners are workmen or not. As already stated the counsel for the Respondent has been referring to the ignorance

put forth by WW1 regarding the nature of work of other petitioners at the time of their termination. The counsel has

also pointed out that now there is no post of Checker at all in the Respondent establishment. Ext.M132 to Ext.M137 are

contracts produced to show this. These documents would show that from 2005 onwards Checkers are employed

through Contractors and not directly. The clause in these contracts for example in Ext.M132 states that the Gate

operations are to be carried out by the contractual employees who are Checkers. Of course, it is not disputed that the

Respondent is not having the post of Checkers now. They manage the work of Checkers through contract employees.

Abolition of the post of Checkers does not mean that the establishment does not have the work of Checkers any more.

On the other hand, the work continue to be very much essential for the establishment but they were getting these done

indirectly through Contractors. It could also be seen that the Management has given up the practice of appointing

Checkers directly after the strike which occurred in the establishment in the year 2005. Merely because the practice of

appointing Checkers was discontinued it cannot be concluded that those persons who were working as Checkers could

not continue to do the same work. So Ext.M132 to Ext.M137 or Ext.M138 to Ext.M145, the annual returns under the

CLRA Act do not lead to a conclusion that the petitioners could not have been doing the work they were doing earlier

even after they were given promotion.

25.

Another set of documents relied upon by the counsel for the Respondent are various settlements entered into by

the Respondents with its workmen and marked as Ext.M93 to Ext.M95, Ext.M96 and Ext.M97. Each of the settlement

contains a list of the workmen as Annexure to the Settlement. It is pointed out by the counsel for the Respondent that

though in Ext.M93, the settlement of 2007 the names of all the petitioners are shown in the annexure as workmen, in

Ext.M94 only the name of Lakshmanan, the petitioner in ID 4/2015 is there and in Ext.M95, Ext.M96 and Ext.M97 the

names of none of them find a place. According to the counsel for the Respondent this is indication of the fact that after

promotion the petitioners were not having the status of workmen but they were in the managerial cadre. The contention

of the petitioner, as already stated is that the promotions are namesake to weaken the bargaining capacity of the

employees and do not do any good to them nor put them in Management cadre. If the intention of the Respondent was

to see that the petitioners are plucked of their wings by denying them the status of workman and giving them the

glorified names of Officers without giving them any benefit alongwith it, the names of the petitioners certainly would

not be there in the settlements that were entered into after the promotions which according to the petitioners are

namesake.

26.

What is the change the promotions have given to the petitioners? Do they come under managerial category by

this? Ext.W4, Ext.W36, Ext.W67 and Ext.W105, Ext.W133 are the promotion orders. Ext.M133, the promotion order

in favour of Lakshmanan, the petitioner in ID 4/2015 can be taken as an example. This order promotes him as Junior

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Officer as on 31.03.2009. He will be getting salary of Rs. 16,570/- by this promotion. This order specifically states that

after promotion he will be governed by the service rules of the Respondent. The order does not state what will be his

duties on promotion. This is the case with the other promotion orders as well. The Respondent has elaborated the duties

of the petitioners in the respective Counter Statements. A document referred to as copy of job description issued by the

Respondent to the petitioner is also produced in all the petitions. These are marked as Ext.M92, Ext.M107, Ext.M112,

Ext.M114 and Ext.M121. There is nothing to show that the respective job descriptions were ever served on the

petitioners. MW1 examined on behalf of the Respondent has admitted that there is nothing to show that the concerned

documents were served on the petitioners to enlighten them on their duties and responsibilities on promotion. Will

these documents reveal that the petitioners were working in Managerial cadre on their promotion? Before referring to

job description given in these documents, it is necessary to go into the exact nature of the work carried out by the

Respondent. It had taken contract from Chennai Port Trust to handle its container operations for a period of 30 years.

Ext.M92, one of the job description purportedly given to the petitioner in ID 4/2015 states that the purpose of the job is

to control the yardside / shipside activities to achieve shift targets and to control, coordinate and integrate container

vessel operations and employees. The person is stated to be responsible to ensure that all personnel under his control

effectively perform their task in achieving daily operational requirements. All the job descriptions including Ext.M92

are seen generated on 1^st January, 2013 after the dispute was raised. These do not state much about controlling the

subordinates except something very vague. It could be seen from the admission of MW1 that the so-called control if

any is only on the contract workers and not on the employees of the Respondent.

27.

Ext.M104, Ext.M105, Ext.M106 and Ext.M123 are copies of e-mail messages produced by the Respondent

intending to show that the petitioners were carrying out work of a supervisory nature and were having managerial

capacity. These documents can be examined one by one. Ext.M104 is an e-mail sent by WW1, the petitioner in ID

120/2014. He is referred to as Gate Supervisor in the message. This e-mail addressing the Operation Superintendent

states that about 200 people consisting of Drivers, Clerks, Truck Owners, etc. are waiting for delivery and there is

pressure at the gate and due to push at the door, the door glass was broken. There is also a request to the Superintendent

to issue Form-13 to all transporters. This message certainly does not reveal anything done by WW1 in supervisory

capacity. It is only a report given by him to the Superintendent regarding the state of affairs at the gate. Ext.M105 also

is an e-mail message by WW1 to the Superintendent. This only gives the report regarding stoppage of work during the

third shift. This does not reveal any control of the subordinates or any management on the part of WW1. Ext.M106 is

the copy of e-mail sent by the petitioner in ID 118/2014. This is a message sent by him to other Supervisors working at

the yard, gate, vessel, tower control, etc. This just states that special permission has been granted for a particular vessel

of which number is given in the message. This does not show that permission is granted by the sender. There is nothing

to show that he has the authority to give permission also. Even if it is so, it cannot be termed as managerial capacity.

Ext.M123 is an e-mail message sent by Lakshmanan, the petitioner in ID 4/2015. This is in the form of a report sent by

him to the Operations Superintendent. This informs that some employees have used escort vehicles for some other

purpose and he had questioned the concerned persons and had told them to take permission first. This will not show

that permission is to be obtained from the petitioner. To make the work of a person managerial in nature it is not

enough that he is doing some kind of work which is supervisory. On the other hand, his main work should be

managerial and should have capacity to control his subordinates and to take action against his subordinates. Noticing

the irregular conduct of a workman and reporting it to his superior officer will not make a person in a position in

managerial capacity. A Copying Superintendent in a Court of Law will be controlling the copyists and would be giving

instructions to them regarding the work to be done and also distributing the copies. But in spite of this, he could not be

said to be working in a managerial capacity for the reason that his work is of a copyist mainly and he does not have any

authority to control them or take action against them. In the same manner those who are working as Yard Supervisor,

Vessel Supervisor or Document Supervisor could not be said to be working in managerial capacity. The e-mail

messages produced are not of any use in establishing that the petitioners herein are working in managerial capacity and

not as workmen.

28.

In fact the admission made by MW1 during his cross-examination very much shatters the case of the Respondent

that the petitioners are not workmen. He has admitted during his cross-examination that as seen from Ext.M106 e-mail,

Suresh Kumar has posted Form-13. He would state that usually Form-13 is posted by the Checker and only if the

Checker is not available it is done by the Supervisor. However, this admission is indicative of the fact that in spite of

the promotion and new designation given Suresh Kumar continued to do the same work. What MW1 has stated during

his cross-examination is that the work of WW1 as Gate Supervisor includes monitoring the work of a Checker. At the

same time he admitted that the Checkers are only contract labourers. There is no case for MW1 that there are any

employees of the Respondent under WW1. Controlling the contract labourers is the task of the Contractor and not of

the employees of the Respondent, in the normal course. As seen from the admission of MW1 the Supervisor at the gate

(in which capacity WW1 was working at the time) will be asked to clear the traffic jam, if any at the gate. Though

MW1 has stated that the petitioners would be supervising the work of QC Operators and RTG Operators, no documents

are produced to this effect in spite of the voluminous documents that were produced. MW1 has admitted that none of

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the petitioners have any cheque signing powers. They do not have any financial powers at all. Again, they do not have

any power to issue warning to the employees of the Respondent but only to the Checkers and Surveyors who are

contract labourers, as stated by MW1. However, the contract workers, not being employees of the Respondent, any

employee of the Respondent in managerial cadre could not be expected to have any power to issue any warning letter to

the contract workers. Ext.M120, an e-mail message sent by Balachandran, the petitioner in ID 122/2014 is put forth as

a warning letter issued by him. However, it is only a report given by Balachandran to a Senior Officer stating that a

Checker was found sleeping during work time. Ext.M126 is an e-mail message by Lakshmanan to the Superior Officer

informing that a Truck had run over the wall and the Driver was handed over to the concerned person and the Truck

was locked. Thus the e-mail messages produced shows only that reports were given by some of the petitioners

regarding the action of either of the contract workers or some others who had come to the Port in connection with the

handling of goods.

29.

MW2 has stated during his cross-examination that the Respondent establishment is having more number of

Supervisors than workmen category. If this is the case there would be more than one Supervisor to control one

workman alone. MW2 is the General Manager of the Administration Department. He admitted during his cross-

examination that the petitioners are entitled to take disciplinary action against the contract employees only. At the same

time he would state that the contract employees are employees of the Contractor and not of the Respondent. In effect

the petitioners do not have any power to take any disciplinary action against any workers under the Respondent at all.

30.

The Respondent has produced Ext.M51, Ext.M99, Ext.M100, Ext.M116 and Ext.M122 described as personal

performance development plan also to support the case that the petitioners are not workmen. However, there is nothing

in these documents to show that the petitioners were working in a managerial capacity. Ext.M109, the copy of the Store

Issue Register in respect of the petitioner in ID 119/2014 or other such Registers in respect of other petitioners would

not show that the petitioners are working in Managerial capacity.

31.

It could be seen from the evidence that all the petitioners except Lakshmanan promoted immediately after the

strike that had taken place in the establishment in May 2005. To add to this there is the admission on the part of Mw1

that the promotions were given to contain industrial unrest. As could be noticed almost all the employees in the

Respondent establishment are having the designation of Officers. The number of Officers are much more than

the number of workmen. Even the Driver of the establishment is given the designation of Officer. This itself

reveals the method adopted by the Respondent to deny the workmen the benefits due to them and to cage them by

giving them the nomenclature of Officers. Apart from this is the surprising fact that all the petitioners who according

to the Respondent are in supervisory capacity are drawing about half the salary of those who are workmen and had

joined during the same period. Ext.W27 is the salary slip of Suresh Kumar, petitioner in ID 118/2014. The salary he

had drawn in August 2013 as seen from the document is 18,650/-. Ext.W175 and Ext.W176 are the salary slips in

respect of some other persons working in the cadre of Officers, both below Rs. 20,000/-. Ext.W174 is the salary slip of

Sultan Moideen who is admittedly working as Driver. He is given the designation of Junior Officer but given salary

below Rs. 18,000/- as on February, 2013. Ext.W187 and Ext.W188 are the salary slips in respect of those who are

working in workmen category. As per Ext.W187, Munusamy who had joined the establishment in 2001 and is working

as QC Operator was drawing more than Rs. 50,000/- as salary in July, 2015. Ext.W188, the salary slip of Sukumar

reveals that he had joined the establishment in 2001 and is working as RTG Operator and had drawn almost Rs.

50,000/- in August, 2015. If these salary slips are taken into account, the salary of the petitioners are almost half of the

QC Operator or RTG Operator who are workmen and had joined the establishment at the same time as that of the

petitioners. It is very odd that the petitioners who are said to be having supervising capacity and is having control over

the subordinates are drawing half the salary of their subordinates only.

32.

Ext.W186 is the Export Form-13 issued by the Respondent. The job of the Gate Supervisor seems to be mainly to

issue such forms. It could not in any way be some work of Supervisory capacity but work of Clerical nature only.

33.

Ext.W185 is a warning letter issued by the Head of Operations of the Respondent to Bhuvanesh, the petitioner in

ID 120/2014. This tells him that on a particular day there was blockage of movement at the gate as the seal cutting and

fixing activity for one door open units was not done. It is stated in the warning letter that this happened because of the

failure on the part of Bhuvanesh in securing the tools and tackles. This is indicative of the nature of work done by the

said petitioner whose designation is Junior Officer in the Operations Department in 2008. The work he was doing was

that of a workman only.

34.

Ext.M196 & Ext.M197 are the file notes regarding optimization from the Department of Engineering and

Department of Operation respectively. The file states that Harikrishnan, the petitioner in ID 119/2014 and another have

been selected for transfer. The details of these employees regarding their experience and expertise are also given. Both

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THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

of them at the time were having the designation of Senior Officer. In the column for experience for Harikrishnan it is

stated that he was having experience on RTG and QC Crane Maintenance for 10 years. Same is the experience given in

respect of Nagarajan, the other Senior Officer who is selected for transfer. Ext.M197 is the file note regarding approval

for optimization of Operations Department employee strength. This gives the names of all the other petitioners as

persons to be transferred. Lakshmanan, the petitioner in ID 4/2015 is Junior Officer and Suresh Kumar, petitioner in ID

118/2014 is Officer as per this. The other petitioners Balachandran and Bhuvanesh are Senior Officers, all in the

Operations Department. Lakshmanan and Balachandran are described as persons having 10 years experience regarding

Gate, Yard and Vessel Supervision and has good operational knowledge. Suresh Kumar is said to possessing good

knowledge of CFS and documentation function and Bhuvanesh is said to be having experience comprising of Gate

Supervision and knowledge in documentation. The description of the experience does not give any importance for the

managerial job to be done by the petitioners. On the other hand importance is given only to their working capacities in

areas referred to. Thus it could be seen that the details of experience given not essentially show that they were working

in managerial capacity and were having authority to exercise any control over the employees below them or take any

action against them.

35.

As could be seen, the Respondent had produced whatever documents are available with it to show that the

petitioners were in managerial capacity. However, none of the documents are sufficient to show that they were working

in managerial capacity. On the other hand the documents show otherwise. What could be concluded from the

documents on the part of the Respondent and the evidence of MW1 and MW1 itself is that the petitioners never had

any managerial authority except to control the rush at the entry gate or some such minor supervisory work. It is true

that other than WW1 the other petitioners have not come forward to justify their case that they continue to be workmen

in spite of designation given to them as Officers. However when the preponderance of probability and circumstances

are taken into account it is very much clear that the petitioners all along continued to be workmen and do the job of

workman only mainly in spite of all the promotions conferred on them and the grand nomenclature given to their post.

So they are to be treated as workmen. The contention of the Respondent that the petitioners do not come under the

definition of workman as per ID Act and the disputes are not maintainable before this Tribunal for this reason is to be

rejected.

36.

The contention of the petitioner is that it is only on account of the strike notice and subsequent steps taken by

them to have their demands as per the strike notice satisfied, all of them were transferred to different subsidiary

companies of the Respondent. The counsel for the Respondent has pointed out that unless there is specific plea of

victimization such contention of the petitioners could not be accepted. The counsel has referred to the decision in

BHARAT IRON WORKS VS. BHAGUBHAI BALUBAI PATEL AND OTHERS reported in 1976 1 SCC 518 in this

respect. The Apex Court has held here that victimization is a serious charge by an employee against an employer and

therefore it must be properly and adequately pleaded giving all particulars upon which the charge is based to enable the

employer to fully meet them. The onus of establishing a plea of victimization will be upon the person pleading it, it was

further held. So definitely it is for the petitioners to show that the transfer and subsequent termination were by way of

victimization.

37.

The attempt on the part of the Respondent has been to show that the transfer as well as subsequent termination

had become necessary because of the reduced volume of work at Chennai Port for the Respondent. The counsel has

referred to several documents in the attempt to show that both transfers as well as termination were on account of this.

Reference was made to Ext.W171 the copy of the petition filed by the Respondent herein in the Writ Petition against

the order of transfer. In this the Respondent has requested to permit them to implement the decision taken by them to

terminate the services of the petitioners herein. In the affidavit alongwith the application, by way of justification for

termination, the Respondent has stated that there was reduction in the volume of work handled at Chennai unit and

there is loss of business at Chennai and Officers category are in surplus and it is necessary to review the manpower in

that category. It was further stated that it was for this reason the Officers including the petitioners were transferred. It

is pointed out that the petitioners did not challenge this case in the affidavit regarding reduction in the volume of

business in the High Court and it is to be treated as they have accepted this position. Reference was also made to

Ext.M191, Ext.M193, Ext.M194, Ext.M182 and Ext.M185 in this respect. Ext.M191 is an e-mail of May 2013

referring to the discussion during a previous conference and states that attrition is continuing and there is need to

take quick action. This e-mail is after the strike notice was given. Ext.M193 is the copy of minutes of a meeting

with Regional HR, etc. regarding optimization of human resources. This is in June 2013. This has decided to explore

the possibilities for transfer of some of the Officers on account of the drop in the volume of business. Ext.M194 is

another minutes which decided to have a drive towards regaining market share and to put additional efforts on cost

reduction. Ext.M182 is the copy of the balance sheet of March 2012 intended to show that the profit is less. Ext.M185

is the Director’s report of June 2013 regarding the annual report for the year ending March 2013. This states that net

profit of the financial year 2012-2013 was Rs. 328 million while that of 2011-2012 was Rs. 478 million. The activities

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5387

for market drive, the decision to transfer some of the Officers, etc. are said to have been based on the reduced profit of

2013 on account of reduced handling of business compared to that of 2012.

38.

There might have been reduction in the volume of business and thereby in the profit for the Financial Year 2012-

2013. But was it exactly the reason for the transfer of the petitioners or their subsequent termination? Was the reduction

in the volume of business so drastic so as to take drastic steps even to the extent of sending away some of the

employees so as to cause them loss their entire livelihood? On perusal of the documents, it could be seen that this was

not so.

39.

Before considering the question whether the transfers were malafide it could be seen whether there is sufficient

foundation for such a case. In the Claim Statement the petitioners have stated that the transfers were malafide. It is

stated in the Claim Statement that on 30.07.2013 itself the concerned union had brought it to the notice of the

Conciliation Officer that the transfer is malafide as well as illegal. It is also stated that the transfer was only an offshoot

of the workmen joining another union to ventilate their grievances and seeking to extend the benefit of the settlement

dated 19.01.2011 to them also. The transfer is by way of counter attack on the workmen who had participated in the

meeting of the new union in which they have joined, it is further stated. Even earlier, before the Conciliation Officer

they have stated so. At the time of transfer the proceedings in respect of the demand of the union of which the

petitioners are members to give them the benefit of settlement was pending before the Conciliation Officer. Ext.W164

is the letter written by the Union to the Deputy Chief Labour Commissioner (Central). This states that the transfers

were by way of victimizing the members of the Union. In Ext.W165 another letter written after a few days also it is

repeated that the act of the Management in transferring the petitioners is nothing but victimization as they have joined

another Union. It has been stated on behalf of the Respondent that none of the petitioners are Office Bearers of the

Union and the Management could not be expected to know if they are members of the Union and so there was no

question of victimization because of their joining the Union. This is met by the petitioners pointing out that Ext.W161

letter by the Union containing the list of its members has been forwarded to the Deputy Chief Labour Commissioner on

17.07.2013 itself. Thus, there is sufficient foundation in the pleadings and also in the documents produced regarding

the malafide intentions of the Respondent in effecting the transfer.

40.

Ext.W15, Ext.W55, Ext.W85, Ext.W119 and Ext.W136 are the transfer orders of the Respondent transferring the

petitioners to other subsidiary companies of DP World, the parent company of the Respondent. All the above transfers

are on 25.07.2013. Ext.W154 is the strike notice dated 14.05.2013. Ext.W155 to Ext.W163 are the copies of the

proceedings before the Conciliation Officer. Thus it could be seen that it was while hectic attempt was being made to

conciliate the demands raised in the strike notice the petitioners were transferred on 25.07.2013.

41.

It has been pointed out on behalf of the petitioners that the very transfer is improper and illegal for the reason that

they are transferred to a separate entity which is not connected with the Respondent establishment at all. The

Respondent has been relying upon the orders of promotion of the petitioners which are having clause for transfer also.

Ext.W4 is one such promotion order. By this Suresh Kumar, the petitioner in ID 118/2014 was promoted as Junior

Officer. Clause-10 of the promotion order states that the promotee is liable to be transferred to any section / department

/ unit / branch of the Company in India either existing or which may be commissioned in the future. However, this

promotion order is by Chennai Container Terminal Ltd., the Respondent. If the Respondent is transferring its

employees to any section / department or unit there cannot be any quarrel. However, the Respondent does not have any

branch anywhere. It is true that the Respondent is the subsidiary of the Company by name DP World. However, the

Respondent is a separate entity and just like the Respondent the parent company is having other subsidiary companies

also. This is clear from Ext.W178, the master details of the Company. The registration number of the Respondent as

per this is 128675. The registration number of Mundra International Container Terminal Pvt. Ltd. to which some of the

petitioners are transferred is 039015 and the registration number of Nhava Sheva International Container Terminal Pvt.

Ltd. to which some were transferred is 106790. Thus it is apparent that all the three are separate companies with

registration numbers of their own and are separate entities and have nothing to do in common except that they are

subsidiaries of the parent company and are handling the same type of work. So the very transfers made by the

Respondent were not in order.

42.

The subsequent behavior of the Respondent would also show that the Respondent was bent upon removing the

petitioners from the scenario. The petitioners have filed Writ Petition before the High Court requesting an order of

injunction against the Transfer Orders. Ext.W168 is the copy of the Writ Petition filed by them. Ext.W170 is the copy

of the order of the Hon’ble High Court passing an order of interim injunction against the Respondent herein from

giving effect to the transfer order. Rather than allowing the petitioners to continue in their job the Respondent asked

them to sit at home and take the salary. Subsequently, they filed Ext.W171 application before the High Court stating

that they have decided to terminate the services of the petitioners and permission may be granted for this. On

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THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

30.04.2014 the Respondent submitted before the High Court that the transfer orders will be withdrawn. Regarding the

permission sought for termination the Hon’ble High Court stated that the Respondent is to take a decision upon this and

any proposed action regarding this could constitute a separate cause of action. Accordingly, the Writ Petition as well as

the connected petitions were closed. Immediately after disposal of the matter before the High Court the Respondent

carried out its decision to terminate the petitioners from service. All of them were terminated on 06.08.2013.

43.

It could be seen from the available documents that the transfer and termination giving the reason of reduced

volume of work was only a pretext. If this was the actual reason termination should have been of the junior-most and

not of those who are seniors. The Assistant Labour Commissioner has issued notice for conciliation proceedings as

early as on 20.05.2013 as seen from Ext.W155, the notice issued by him. Ext.W156 is the response of the Respondent

before the Conciliation Officer. Ext.W157 is the proceedings of conciliation and Ext.W158 and W159 are the notices

issued by the Conciliation Officer. By Ext.W160 proceedings dated 26.06.2013 the Conciliation Officer directed the

Respondent to maintain the status-quo. In spite of this orders of transfer are issued by the Respondent, apparently in

violation of Section-33(A) of the Industrial Disputes Act. Even after the Order of Injunction passed by the High Court

the Respondent was acting in a retaliatory manner by asking those persons who were under orders of transfer not to

attend work but to receive salary at home.

44.

It could be seen from the documents and admissions made by MWs 1 and 2 that the petitioners were transferred

while their juniors were retained. MW1 has admitted during his cross-examination that Harikrishnan, the petitioner in

ID 119/2014 is a senior person in the Engineering Department. His transfer was by retaining his juniors. MW2 has

admitted during his cross-examination that Ext.M160, Ext.M163, Ext.M168, Ext.M172, Ext.M174, Ext.M177 and

Ext.M179 to Ext.M181 are all promotions made after termination of the petitioners and that except one all are junior to

the petitioners. Ext.M196 is the proposal for transfer of Harikrishnan and another in the name of optimization. While

approving the proposal the Director had made an endorsement that if they are declining the transfer the clause for

termination in the contract can be invoked. So they were aware even then that there is every possibility of the

petitioners who were put under the orders of transfer during the negotiation declining the transfer. It could be seen that

several persons were recruited by the Company also after the so-called transfer and termination. Ext.M208 & Ext.M209

would show that several persons have joined the Company even in the year 2013. Ext.M211 is a list of the persons who

joined in the year 2014. Even in 2015 several persons have joined, as seen from Ext.M213. If the intention of the

Respondent was to prune the staff on account of low volume of work new persons would not have been recruited after

the petitioners were transferred and subsequently terminated. All these definitely show that the transfer as well as

subsequent termination was the result of victimization. There was no necessity for the Respondent to transfer the

petitioners or terminate them for the reasons given. The petitioners having been found workmen are entitled to relief

from this Tribunal.

45.

The counsel for the Respondent has argued that in case the petitioners are found to be workmen they shall not be

reinstated in service but should be given compensation only in view of the reduced volume of work available for the

Respondent. The counsel for the Respondent has relied upon various legal pronouncements in this respect. The

termination having been found by way of victimization and unnecessary these decisions are not much relevant. In any

case on going through these decisions it could be seen that these were rendered in different contexts and could not be

relied upon even otherwise. The decision in MOUNT METTUR PHARMACEUTICALS LTD. VS. SECOND

ADDITIONAL LABOUR COURT, MADRAS reported in 1985 1 LLN 801 was on a case where employees were

retrenched due to recession. Payment of compensation was justified on the ground that there was need for

retrenchment. In the decision in RELCHOLD CHEMICALS LTD. VS. WORKMEN EMPLOYED IN RELCHOLD

CHEMICALS LTD. reported in 1997 2 LLN 268 persons removed were casual labourers. Removal was found not

malafide and payment of compensation in lieu of reinstatement was found proper. This is the case with the workman

who challenged termination in the decision in CONNEMARA HOTEL VS. THIRD ADDITIONAL LABOUR

COURT reported in 1997 4 LLN 254 also. In the decision in NAGARMAHAPALIKA VS. STATE OF UP AND

OTHERS reported in 2006 5 SCC 127 the Apex Court has found that the appointment was in violation of the UP

Industrial Disputes Act and the period of the appointment order had come to an end. So compensation rather than

reinstatement was found to be the proper relief.

46.

In the present dispute all the petitioners were permanent employees of the Respondent. All of them had started to

work with the Respondent in the year 2001. They were turned out of service on the pretext of reduced volume of work

when they raised certain demands. The Act of the Respondent could not be justified at all. Compensation will not be

sufficient relief for the petitioners. They are entitled to be reinstated in service. Accordingly, awards are passed as

below:

¹Hkkx IIµ[k.M 3(ii)º

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5389

The petitioners in all the IDs shall be reinstated in service within 2 months of the publication of the award with

backwages, continuity of service and all other benefits. In default of payment of backwages within the stiupulated

period it will carry interest @ 7.5% per annum.

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

day the 27^th October, 2016)

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1^st Party/Petitioner

WW1, Sri G. Bhuvanesh

For the 2^nd Party/Management

MW1, Sri M.S. Shakul Hameed

MW2, Sri R. Chandrasekaran

Documents Marked:

On the petitioner’s side

Ex.No.

Date

Description

Ext.W1

14.12.2001

Appointment Order issued by the Respondent Management to the petitioner

Ext.W2

09.08.2002

Confirmation Order issued by the Respondent Management to the petitioner

Ext.W3

06.02.2003

Order issued by the Respondent Management to the petitioner revising his salary

Ext.W4

16.05.2003

Promotion order issued by the Respondent Management to the petitioner as Junior

Officer (Operations)

Ext.W5

09.01.2006

Order issued by the Respondent Management to the petitioner revising his salary

Ext.W6

06.02.2006

Confirmation order issued by the Respondent Management to the petitioner as

Junior Officer

Ext.W7

20.04.2009

Order issued by the Respondent Management to the petitioner revising his salary

Ext.W8

10.02.2010

Annual Performance bonus issued by the Respondent Management to the petitioner

Ext.W9

10.02.2010

Annual compensation revision issued by the Respondent Management to the

petitioner

Ext.W10

26.01.2011

Certificate of appreciation issued by the Respondent Management

Ext.W11

21.04.2011

Promotion order issued by the Management to the petitioner as Officer Grade-II

Ext.W12

02.04.2012

Order issued by the Respondent Management issued by the Respondent granting

bonus

Ext.W13

03.04.2013

Order issued by the Respondent Management issued to the Respondent granting

bonus

Ext.W14

25.04.2013

Annual compensation revision issued by the Respondent Management to the

petitioner

Ext.W15

25.07.2013

Transfer Order issued by the Respondent Management to the petitioner

Ext.W16

19.08.2013

Letter from the Respondent Management to the petitioner regarding transfer order

Ext.W17

21.04.2014

Termination order issued by the Respondent Management to the petitioner

Ext.W18

03.05.2014

Representation from the petitioner to the Respondent Management regarding

termination order

Ext.W19

22.05.2014

Letter from the Respondent Management to the petitioner regarding settlement of

dues

Ext.W20

02.06.2014

Letter from the Respondent Management to the petitioner regarding settlement of

dues

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THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

Ext.W21

06.06.2014

Letter from the Respondent Management to the petitioner enclosing full and final

settlement

Ext.W22

16.06.2014

Industrial Dispute raised by the petitioner before the Conciliation Officer

Ext.W23

31.07.2014

Objections raised by the Respondent Management before the Conciliation Officer

Ext.W24

04.09.2014

Failure report of the Conciliation Officer

Ext.W25

18.11.2014

Reference of Industrial Dispute by Government of India to this Hon’ble Tribunal

Ext.W26

Identity Card issued by the Respondent Management

Ext.W27

August 2013

Salary slip issued to the petitioner

Ext.W28

10.10.2001

Appointment Order issued by the Respondent Management to the petitioner as

Serviceman

Ext.W29

25.01.2002

Letter from the Respondent Management to the petitioner

Ext.W30

28.05.2002

Confirmation order issued by the Respondent Management to the petitioner as

Serviceman

Ext.W31

06.02.2003

Letter from the Respondent Management to the petitioner regarding revision of

salary

Ext.W32

25.05.2004

Notice issued by the Respondent Management regarding strike notice

Ext.W33

26.05.2004

Letter from the Respondent Management to the petitioner regarding strike notice

Ext.W34

11.06.2004

Letter from the Respondent Management to the petitioner

Ext.W35

06.10.2004

Letter from the Respondent Management to the petitioner regarding nature of work

Ext.W36

02.05.2005

Promotion order issued by the Respondent Management to the petitioner as Officer

(Mech) Grade-IV

Ext.W37

09.01.2006

Letter from the Respondent Management to the petitioner regarding revision of

salary

Ext.W38

17.01.2006

Confirmation order issued by the Respondent Management to the petitioner as

Officer

Ext.W39

06.01.2007

Certificate of Appreciation issued by the Respondent Management

Ext.W40

30.01.2007

Annual performance award issued by the Respondent Management to the petitioner

Ext.W41

20.02.2007

Letter from the Respondent Management to the petitioner regarding revision of

salary

Ext.W42

18.07.2007

Certificate issued by the Respondent Management regarding nature of work

Ext.W43

12.12.2008

Letter from the Respondent Management to the petitioner regarding revision of

salary

Ext.W44

18.02.2009

Letter from the Respondent Management to the petitioner regarding revision of

salary

Ext.W45

26.01.2010

Certificate issued by the Respondent Management to the petitioner

Ext.W46

10.02.2010

Annual compensation revision issued by the Respondent Management to the

petitioner

Ext.W47

02.04.2011

Annual performance bonus issued by the Respondent Management to the petitioner

Ext.W48

18.10.2011

Attendance regularization form of the Respondent Management

Ext.W49

02.04.2012

Annual bonus issued by the Respondent Management to the petitioner

Ext.W50

25.04.2012

Annual compensation revision issued by the Respondent Management to the

petitioner

Ext.W51

14.05.2012

Annual compensation revision issued by the Respondent Management to the

petitioner

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5391

Ext.W52

03.04.2013

Bonus issued by the Respondent Management to the petitioner

Ext.W53

25.04.2013

Annual compensation revision issued by the Respondent Management to the

petitioner

Ext.W54

17.07.2013

Salary Certificate issued by the Respondent Management

Ext.W55

25.07.2013

Transfer Order issued by the Respondent Management to the petitioner

Ext.W56

January 2014

Salary issued by the Respondent Management to the petitioner

Ext.W57

03.05.2014

Representation from the petitioner to the Respondent Management regarding

termination order

Ext.W58

22.05.2014

Letter from the Respondent Management to the Respondent Management regarding

termination order

Ext.W59

05.06.2014

Full and final settlement issued by the Respondent Management

Ext.W60

Identity Card issued by the Respondent Management

Ext.W61

Gate Pass issued by the Chennai Port Trust

Ext.W62

License issued by the Respondent Management

Ext.W63

Work permit of the Respondent Management

Ext.W64

21.12.2001

Appointment order issued by the Respondent Management to the petitioner

Ext.W65

25.01.2002

Letter from the Respondent Management to the petitioner

Ext.W66

06.02.2003

Order issued by the Respondent Management to the petitioner revising his salary

Ext.W67

16.05.2003

Promotion order issued by the Respondent Management to the petitioner as Junior

Officer (Operations)

Ext.W68

28.10.2005

Letter from the Respondent Management to the petitioner regarding payment of

ex-gratia

Ext.W69

09.01.2006

Order issued by the Respondent Management to the petitioner revising his salary

Ext.W70

March 2006

Certificate of appreciation issued by the Respondent Management

Ext.W71

09.03.2006

Confirmation letter from the Respondent Management to the petitioner as Junior

Officer

Ext.W72

30.01.2007

Annual performance award issued by the Respondent Management to the petitioner

Ext.W73

20.02.2007

Order issued by the Respondent Management to the petitioner revising his salary

Ext.W74

12.02.2008

Order issued by the Respondent Management to the petitioner revising his salary

Ext.W75

18.02.2009

Letter from the Respondent Management to the petitioner granting performance

bonus

Ext.W76

20.04.2009

Order issued by the Respondent Management to the petitioner revising his salary

Ext.W77

12.02.2010

Promotion order issued by the Respondent Management to the petitioner as Senior

Officer Grade-V

Ext.W78

23.07.2010

Medical Certificate of the petitioner

Ext.W79

16.09.2010

Discharge summary of the petitioner

Ext.W80

21.04.2011

Order issued by the Respondent Management to the petitioner revising his salary

Ext.W81

25.04.2012

Annual compensation revision issued by the Respondent Management to the

petitioner

Ext.W82

15.08.2012

Certificate issued by the Respondent Management to the petitioner

Ext.W83

03.04.2013

Bonus granted by the Respondent Management to the petitioner

Ext.W84

25.04.2013

Order issued by the Respondent Management to the petitioner revising his salary

Ext.W85

25.07.2013

Transfer Order issued by the Respondent Management to the petitioner

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THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

Ext.W86

13.08.2013

Order passed in MP No. 1 of 2013 in WP No. 22492 of 2013

Ext.W87

19.08.2013

Letter from the Respondent Management to the petitioner regarding their

engagement

Ext.W88

17.04.2014

Final Order passed in WP No. 22492/2013

Ext.W89

21.04.2014

Termination order issued by the Respondent Management to the petitioner

Ext.W90

03.05.2014

Representation from the petitioner to the Respondent regarding termination order

Ext.W91

22.05.2014

Letter from the Respondent Management to the petitioner

Ext.W92

02.06.2014

Letter from the Respondent Management to the petitioner regarding settlement of

dues

Ext.W93

09.06.2014

Letter from the Respondent Management to the petitioner enclosing full and final

settlement

Ext.W94

16.06.2014

Industrial Dispute raised by the petitioner before the Conciliation Officer

Ext.W95

31.07.2014

Objections raised by the Respondent Management before the Conciliation Officer

Ext.W96

04.09.2014

Failure report of the Conciliation Officer

Ext.W97

18.11.2014

Reference of Industrial Dispute by Government of India to this Hon’ble Tribunal

Ext.W98

Identity Card issued by the Respondent Management

Ext.W99

15.10.2001

Appointment Order issued by the Respondent Management to the petitioner

Ext.W100

03.07.2002

Confirmation order issued by the Respondent Management to the petitioner

Ext.W101

06.02.2003

Order issued by the Respondent Management to the petitioner revising salary

Ext.W102

26.05.2004

Notice issued by the Respondent Management during strike period

Ext.W103

28.05.2004

Notice issued by the Respondent Management to the petitioner regarding deduction

of wages

Ext.W104

17.02.2005

Notice issued by the Respondent Management to the petitioner

Ext.W105

16.05.2005

Promotion order issued by the Respondent Management to the petitioner as Junior

Officer (Operations)

Ext.W106

28.10.2005

Order issued by the Respondent Management to the petitioner

Ext.W107

09.01.2006

Order issued by the Respondent Management to the petitioner revising his salary

Ext.W108

15.03.2006

Order issued by the Respondent Management to the petitioner regarding extension

of probation period

Ext.W109

28.04.2006

Confirmation order issued by the Respondent Management to the petitioner

Ext.W110

30.01,2007

Annual Performance award issued by the Respondent Management to the petitioner

Ext.W111

20.02.2007

Order issued by the Respondent Management to the petitioner revising his salary

Ext.W112

12.02.2008

Order issued by the Respondent Management to the petitioner revising his salary

Ext.W113

18.02.2009

Annual performance bonus issued by the Respondent Management to the petitioner

Ext.W114

10.02.2010

Annual performance award issued by the Respondent Management to the petitioner

Ext.W115

12.02.2010

Promotion order issued by the Respondent Management to the petitioner as Officer

Grade-II

Ext.W116

02.02.2011

Annual performance bonus issued by the Respondent Management to the petitioner

Ext.W117

25.04.2012

Promotion Order issued by the Respondent Management to the petitioner as Senior

Officer Grade-IV

Ext.W118

25.04.2013

Order issued by the Respondent Management to the petitioner revising his salary

Ext.W119

25.07.2013

Transfer Order issued by the Respondent Management to the petitioner

Ext.W120

06.08.2013

Letter from the Respondent Management to the petitioner

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5393

Ext.W121

19.08.2013

Letter from the Respondent Management to the petitioner regarding their

engagement

Ext.W122

21.04.2014

Letter from the Respondent Management to the petitioner regarding termination of

services

Ext.W123

03.05.2014

Representation from the petitioner to the Respondent Management regarding

termination order

Ext.W124

22.05.2014

Letter from the Respondent Management to the petitioner regarding transfer order

Ext.W125

02.06.2014

Letter from the Respondent Management to the petitioner regarding their final

settlement

Ext.W126

11.06.2014

Letter from the Respondent Management to the petitioner regarding settlement of

dues

Ext.W127

11.06.2014

Letter from the Respondent Management to the petitioner enclosing full and final

settlement

Ext.W128

16.06.2014

Industrial Dispute raised by the petitioner before the Conciliation Officer

Ext.W129

04.09.2014

Failure report of the Conciliation Officer

Ext.W130

19.11.2014

Reference of Industrial Dispute by Government of India to this Hon’ble Tribunal

Ext.W131

28.06.2002

Confirmation letter from the Respondent Management to the petitioner as Checker

Ext.W132

10.03.2005

Promotion Order issued by the Respondent Management to the petitioner as RTG

Operator

Ext.W133

31.03.2009

Promotion order issued by the Respondent Management to the petitioner as Junior

Officer Grade-II

Ext.W134

29.07.2010

Extension of probation period by the Respondent Management to the petitioner

Ext.W135

03.04.2013

Letter from the Respondent Management to the petitioner granting bonus

Ext.W136

25.07.2013

Transfer Order issued by the Respondent Management to the petitioner

Ext.W137

13.08.2013

Order passed in MP No. 1 of 2013 in WP No. 22492 of 2013

Ext.W138

17.04.2014

Order passed in WP No. 22492 of 2013

Ext.W139

21.04.2014

Order of the Respondent Management to the petitioner terminating his service

Ext.W140

03.05.2014

Representation from the petitioner to the Respondent regarding termination of

service

Ext.W141

22.05.2014

Letter from the Respondent Management to the petitioner regarding termination

service

Ext.W142

02.06.2014

Letter from the Respondent Management to the petitioner regarding settlement of

dues

Ext.W143

10.06.2014

Letter from the Respondent Management to the petitioner regarding settlement of

dues

Ext.W144

16.06.2014

Dispute raised by the petitioner before the Conciliation Officer

Ext.W145

31.07.2014

Objections of the Respondent Management before the Conciliation Officer

Ext.W146

04.09.2014

Failure report of the Conciliation Officer

Ext.W147

19.12.2014

Reference of Industrial Dispute before this Hon’ble Tribunal

Ext.W148

Identity Card issued by the Respondent Management

Ext.W149

Salary slips issued by the Respondent Management to the petitioner

Ext.W150

02.11.2012

Maintenance job sheet issued to Harikrishnan by the Respondent Management

Ext.W151

18.01.2013

Log Sheet relating to Harikrishnan maintained by the Respondent Management

5394

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

Ext.W152

14.02.2013

Letter from the Union to the Respondent Management to extend the benefits of

settlement dated 19.01.2011

Ext.W153

25.04.2013

Risk analysis form relating to Harikrishnan maintained by the Respondent

Management

Ext.W154

14.05.2013

Strike notice issued by the petitioner union to the Respondent Management

pressing for demands

Ext.W155

20.05.2013

Notice issued by the Conciliation Officer regarding charter of demands

Ext.W156

22.05.2013

Notice issued by the conciliation Officer regarding Charter of demands raised by

the Petitioner Union

Ext.W157

24.05.2013

Proceedings of the Conciliation Officer

Ext.W158

05.06.2013

Notice issued by the Conciliation Officer regarding Charter of Demands raised by

the Petitioner Union

Ext.W159

06.06.2013

Notice issued by the Conciliation Officer regarding Charter of Demands raised by

the petitioner union

Ext.W160

26.06.2013

Proceedings of the Conciliation Officer

Ext.W161

17.07.2013

Letter from the Petitioner Union to the Conciliation Officer enclosing the members

list

Ext.W162

23.07.2013

Response filed by the Respondent Management before the Conciliation Officer

Ext.W163

24.07.2013

Proceedings of the Conciliation Officer

Ext.W164

26.07.2013

Letter from the petitioner union to the Conciliation Officer regarding transfer order

issued by the Respondent Management

Ex.W165

30.07.2013

Letter from the petitioner union to the Conciliation Officer regarding transfer of its

members during the proceedings

Ext.W166

30.07.2014

Notice issued by the Conciliation Officer regarding transfer order issued to its

members

Ext.W167

05.08.2013

Proceedings of the Conciliation Officer

Ext.W168

12.08.2015

Affidavit and Petition filed by the petitioners in WP No. 22492 of 2013

Ext.W169

12.08.2013

E-mail correspondence of the Respondent Management regarding transfer of

employee

Ext.W170

13.08.2013

Interim Order passed in WP No. 22492 of 2013

Ext.W171

22.08.2013

Counter Affidavit filed by the Respondent Management in WP No. 22492 of 2013

Ext.W172

17.04.2014

Final Order passed in WP No. 22492 of 2013

Ext.W173

Gate Pass issued by the Respondent Management relating to export containers

Ext.W174

Salary slips issued by the Respondent Management

Ext.W175

Salary slips issued by the Respondent Management to the Officer cadre

Ext.W176

Salary slips issued by the Respondent Management to the Senior Officer cadre

Ext.W177

Renewal of various contracts by the Respondent Management

Ext.W178

Company master details of the Respondent Management

Ext.W179

Extract of the annual report of the Respondent Management

Ext.W180

Roster issued by the Respondent Management

Ext.W181

Details of containers handled by the Respondent Management

Ext.W182

Sept. 2012

Wage slip relating to G. Bhuvanesh

Ext.W183

August 2012

Certificate of excellence issued by the Respondent Management to G. Bhuvanesh

Ext.W184

Photograph relating to union meeting

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5395

Ext.W185

19.12.2008

Warning letter issued by the Respondent Management to the petitioner in ID No.

120 of 2014

Ext.W186

Export Form 13 – EIR issued by the Respondent Management

Ext.W187

July 2015

Salary slip issued to a QC Operator by the Respondent Management

Ext.W188

August 2015

Salary slip issued to a RTG Operator by the Respondent Management

Ext.W189

Details regarding employment of contract employees engaged by the Respondent

Management

On the Management’s side

Ex.No.

Date

Description

Ext.M1

Copy of the Application given by the petitioner to the Respondent for suitable post

Ext.M2

14.12.2001

Copy of the Appointment Order issued by the Respondent to the petitioner

Ext.M3

14.12.2001

Copy of the Letter of Joining Report issued by the petitioner to the Respondent

Ext.M4

16.05.2005

Copy of the promotion order issued by the Respondent to the petitioner with

annexure

Ext.M5

09.08.2002

Copy of the letter of confirmation order issued by the Respondent to the petitioner

Ext.M6

06.02.2003

Copy of the letter of order issued by the Respondent to the petitioner revising his

salary

Ext.M7

28.10.2005

Copy of the letter issued by the Respondent to petitioner for claiming ex-gratia

amount

Ext.M8

09.01.2006

Copy of letter of annual performance award and statutory bonus with annexure

issued by the Respondent to the petitioner

Ext.M9

06.02.2006

Copy of letter of confirmation issued by the Respondent to the petitioner

Ext.M10

30.01.2007

Copy of letter of annual performance award issued by the Respondent to the

petitioner

Ext.M11

12.02.2008

Copy of letter of performance bonus and statutory bonus issued by the Respondent

to the petitioner with annexure

Ext.M12

18.02.2009

Copy of letter of performance bonus-28008 and statutory bonus-2007-2008

statutory bonus

Ext.M13

02.04.2012

Copy of letter of bonus statutory bonus issued by the Respondent to the petitioner

Ext.M14

03.04.2013

Copy of letter of bonus issued by the Respondent to the petitioner

Ext.M15

25.04.2013

Copy of letter of Annual Compensation Revision with Annexure issued by the

Respondent to the petitioner

Ext.M16

25.07.2013

Copy of letter of transfer order issued by the Respondent to the petitioner

Ext.M17

21.04.2014

Copy of letter of order of termination of service alongwith cheque bearing number

501515 issued by the Respondent to the petitioner

Ext.M18

03.05.2014

Copy of letter sent by the petitioner to the Respondent

Ext.M19

22.05.2014

Copy of reply letter sent by the Respondent to the petitioner

Ext.M20

06.06.2014

Copy of letter of full and final settlement alongwith cheque bearing number 520612

Ext.M21

10.10.2001

Copy of the appointment order issued by the Respondent to the petitioner

Ext.M22

10.10.2001

Copy of the joining report issued by the petitioner to the Respondent

Ext.M23

28.05.2002

Copy of the confirmation order issued by the Respondent to the petitioner

Ext.M24

06.02.2003

Copy of the letter issued by the Respondent to the petitioner regarding revising of

salary

Ext.M25

04.04.2005

Copy of the promotion order issued by the Respondent to the petitioner

5396

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

Ext.M26

09.01.2006

Copy of the letter issued by the Respondent to the petitioner regarding revising of

salary

Ext.M27

17.01.2006

Copy of letter of confirmation as Probation Officer issued by the Respondent to the

petitioner

Ext.M28

30.01.2007

Copy of annual performance award issued by the Respondent to the petitioner

Ext.M29

18.02.2009

Copy of annual performance award-2008 and statutory bonus 2007-2008 issued by

the Respondent to the petitioner

Ext.M30

02.04.2011

Copy of annual performance bonus issued by the Respondent to the petitioner

Ext.M31

21.04.2011

Copy of the letter annual compensation revision with annexure issued by the

Respondent to the petitioner

Ext.M32

02.04.2012

Copy of letter of bonus issued by the Respondent to the petitioner

Ext.M33

14.05.2012

Copy of the letter Annual Compensation Revision with Annexure issued by the

Respondent to the petitioner

Ext.M34

03.04.2013

Copy of letter of bonus issued by the Respondent to the petitioner

Ext.M35

21.04.2014

Copy of order of termination of Service alongwith cheque bearing number 501519

issued by the Respondent to the petitioner

Ext.M36

03.05.2014

Copy of reply letter sent by the petitioner Respondent to Respondent

Ext.M37

22.05.2014

Copy of reply letter sent by the Respondent to the petitioner issued by the

Respondent to the petitioner

Ext.M38

05.06.2014

Copy of letter of full and final settlement alongwith cheque bearing number 520609

Ext.M39

21.12.2001

Copy of Application for suitable post alongwith resume given by the petitioner to

the Respondent

Ext.M40

21.12.2001

Copy of the Appointment Order issued by the Respondent to the petitioner

Ext.M41

21.12.2001

Copy of Joining report issued by the petitioner to the Respondent order

Ext.M42

02.08.2002

Copy of letter of Confirmation Order issued by the Respondent to the petitioner

Ext.M43

06.02.2003

Copy of letter issued by the Respondent to the petitioner regarding revising of

salary

Ext.M44

16.05.2005

Copy of promotion order issued by the Respondent to the petitioner

Ext.M45

09.01.2006

Copy of letter issued by the Respondent to the petitioner regarding revising of

salary with Annexure

Ext.M46

10.02.2006

Copy of the letter of extension of probation period

Ext.M47

09.03.2006

Copy of letter of Confirmation as Probation Officer issued by the Respondent to the

petitioner

Ext.M48

30.01.2007

Copy of letter Annual Performance Award issued by the Respondent to the

petitioner

Ext.M49

12.02.2008

Copy of letter Annual Performance Award 2007 and statutory bonus 2006-2007

with Annexure issued by the Respondent to the petitioner

Ext.M50

20.04.2009

Copy of the revision of salary – CTC with Annexure issued by the Respondent to

the petitioner

Ext.M51

18.02.2009

Copy of Annual Performance Award 2008 and statutory bonus 2007-2008

Ext.M52

21.04.2014

Order of termination alongwith cheque bearing No. 501516 dated 21.04.2014

Ext.M53

03.05.2014

Copy of letter sent by the petitioner to the Respondent

Ext.M54

22.05.2014

Copy of reply letter sent by the Respondent to the petitioner

Ext.M55

09.06.2014

Copy of full and final settlement alongwith cheque bearing No. 520611

Ext.M56

Copy of the resume given by the petitioner to the Respondent

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5397

Ext.M57

15.10.2001

Copy of the Appointment Order issued by the Respondent to the petitioner

Ext.M58

Copy of the joining report given by the petitioner to the Respondent

Ext.M59

03.07.2002

Copy of letter of Confirmation order issued by the Respondent to the petitioner

Ext.M60

06.02.2003

Copy of the letter given by the Respondent to the petitioner regarding revising

salary with Annexure

Ext.M61

28.10.2005

Copy of letter of ex-gratia payment issued by the Respondent to the petitioner

Ext.M62

01.09.2006

Copy of the letter given by the Respondent to the petitioner regarding revising

salary with Annexure

Ext.M63

28.04.2006

Copy of letter of confirmation order as Junior Officer issued by the Respondent to

the petitioner

Ext.M64

15.03.2006

Copy of the letter of extension of probation period issued by the Respondent to the

petitioner

Ext.M65

12.02.2008

Copy of the revision of salary – CTC with annexure issued by the Respondent to

the petitioner

Ext.M66

12.02.2008

Copy of Annual Performance Award 2007 and statutory bonus 2006-2007 issued

by the Respondent to the petitioner

Ext.M67

18.02.2009

Copy of Annual Performance Award 2008 and statutory bonus 2007-2008 issued

by the Respondent to the petitioner

Ext.M68

20.04.2009

Copy of revision of salary – CTC with annexure issued by the Respondent to the

petitioner

Ext.M69

03.09.2009

Copy of letter of irrevocable mandate (Canara Bank) from the petitioner to the

Respondent loan deduct from salary

Ext.M70

03.04.2013

Copy of letter of Bonus – 2012 issued by the Respondent to the petitioner

Ext.M71

25.04.2013

Copy of Annual Compensation Revision issued by the Respondent to the petitioner

Ext.M72

06.08.2013

Transfer Order

Ext.M73

21.04.2014

Copy of Order of termination along with cheque bearing No. 501518 dated

21.04.2014

Ext.M74

03.05.2014

Copy of letter sent by the petitioner to the Respondent

Ext.M75

22.05.2014

Copy of reply letter sent by the Respondent to the petitioner

Ext.M76

11.06.2014

Copy of full and final settlement alongwith cheque bearing No. 520611 issued by

the Respondent to the petitioner

Ext.M77

Copy of the application for suitable post alongwith resume given by the petitioner

to the 2^nd Respondent

Ext.M78

04.10.2001

Copy of the Appointment Order issued by the 2^nd Respondent to the petitioner

Ext.M79

16.03.2002

Copy of the joining report issued by the petitioner to 2^nd Respondent

Ext.M80

28.06.2002

Copy of the letter of confirmation order issued by the 2^nd Respondent to the

petitioner

Ext.M81

06.02.2003

Copy of the increment letter given by 2^nd Respondent to the petitioner with

annexure

Ext.M82

10.03.2005

Copy of letter of promotion order issued by the 2^nd Respondent to the petitioner

with Annexure

Ext.M83

24.08.2005

Copy of the confirmation letter with annexure issued by the 2^nd Respondent to the

petitioner

Ext.M84

31.03.2009

Copy of the promotion order issued by the 2^nd Respondent to the petitioner

5398

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

Ext.M85

29.07.2010

Copy of the extension of probation period issued by the 2^nd Respondent to the

petitioner

Ext.M86

15.03.2011

Copy of the confirmation letter issued by the 2^nd Respondent to the petitioner

Ext.M87

25.04.2012

copy of the annual compensation revision with annexure issued by the 2^nd

Respondent to the petitioner

Ext.M88

03.04.2013

Copy of the bonus for 2012 issued by the 2^nd Respondent to the petitioner

Ext.M89

21.04.2014

Copy of the order of termination of service alongwith cheque bearing number

501517 issued by the 2^nd Respondent to the petitioner

Ext.M90

03.05.2014

Copy of the letter sent by the petitioner to the 2^nd Respondent

Ext.M91

10.06.2014

copy of the full and final settlement issued by the 2^nd Respondent to the petitioner

Ext.M92

Copy of the job description issued by the 2^nd Respondent to the petitioner

Ext.M93

2004-2007

Copy of the Long term Settlement between Respondent and Chennai Container

Employees Association

Ext.M94

2007-2010

Copy of the Long Term Settlement between Respondent and Chennai Container

Employees Association

Ext.M95

19.01.2011

Copy of the settlement arrives under Section-2(P) read with 12(3) of the Industrial

Disputes Act, 1947 between Respondent and Chennai Container Terminal

Employees Union (Reg.No. 357/TVR)

Ext.M96

21.05.2014

Ext.M98

2011

Personal performance and development plan 2011

Ext.M99

2012

Personal performance and development plan - 2012

Ext.M100

2012

Final review of personal performance and development Plan

Ext.M101

Photocopy of the gate

Ext.M102

Photocopy of the gate showing entry of lorry

Ext.M103

Photocopy of the outgate

Ext.M104

21.08.2012

Copy of e-mail

Ext.M105

02.03.2013

Copy of e-mail

Ext.M106

02.04.2013

Copy of the e-mails sent by the petitioner to the Management

08.04.2013

10.04.2013

Ext.M107

Copy of the job description

Ext.M108

13.11.2008

Copy of letter of confidentiality and Post Undertakings issued by the Respondent to

the petitioner

Ext.M109

Oct. 2010 &

Copy of the Store Issue Register series (October 2010 to December 2011)

Nov. 2011

Ext.M110

24.06.2013

Copy of letter of approval of Optimization of Engineering Department Strength

issued by the Respondent to the petitioner

Ext.M111

01.08.2013

Copy of the e-mail sent by head engineer regarding the transfer of the petitioner

Ext.M112

Copy of the job description

Ext.M113

25.04.2013

Annual Compensation Revision with annexure

Ext.M114

Copy of the position description

Ext.M115

Oct. 2001 to

Copy of the Staff Appraisal

Apr.2002

Ext.M116

Dec. 2005 to

Copy of the Staff Appraisal

March 2006

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5399

Ext.M117

2011

Copy of Personal Performance and Development Plan –2011

Ext.M118

2012

Copy of Personal Performance and Development Plan –2012

Ext.M119

2012

Copy of final review of Personal Performance and Development Plan

Ext.M120

20.08.2012

Copy of e-mail sent by the petitioner to the Respondent

Ext.M121

01.01.2014

Copy of the position description

Ext.M122

Ext.M123

25.08.2012

Copy of the e-mail sent by the petitioner to Nalliah

Ext.M124

30.01.2013

Copy of e-mail sent by the petitioner to the Mr. Uthiramoorthy

Ext.M125

06.02.2013

Copy of the e-mail sent by the petitioner to Ebenson Nalliah

Ext.M126

13.03.2013

Copy of the e-mail sent by the petitioner to Ebenson Nalliah

Ext.M127

22.05.2014

Copy of the reply letter sent by the 2^nd Respondent to the petitioner

Ext.M128

01.01.2013

Copy of the HR Policies Handbook

Ext.M129

23.01.2014

Copy of the deposition of Mr. Gopi. P in ID No. 40 of 2012 before the Central

Government Industrial Tribunal, Chennai

Ext.M130

20.06.2014

Copy of the Award passed by the Central Government Industrial Tribunal, Chennai

in ID No. 40 of 2012

Ext.M131

Copy of layout of Chennai Container Terminal Ltd.

Ext.M132

25.12.2006

Copy of Contract Labour Agreement made between Chennai Container Terminal

Pvt. Ltd., India and Master Marine Services Pvt. Ltd.

Ext.M133

01.01.2007

Copy of Contract Labour Agreement made between Chennai Container Terminal

Pvt. Ltd., India and Master Marine Services Pvt. Ltd.

Ext.M134

01.01.2015

Copy of Contract Labour Agreement made between Chennai Container Terminal

Pvt. Ltd., India and Master Marine Services Pvt. Ltd.

Ext.M135

01.01.2015

Copy of Contract Labour Agreement made between Chennai Container Terminal

Pvt. Ltd. and Uma Agencies

Ext.M136

01.01.2015

Copy of Contract Labour Agreement made between Chennai Container Terminal

Pvt. Ltd. and Global Agencies

Ext.M137

01.01.2015

Copy of Contract Labour Agreement made between Chennai Container Terminal

Pvt. Ltd., India and J.B. Boda Insurance Surveyors and Loss Assessors Pvt. Ltd.

Ext.M138

2003

Copy of Annual returns filed by the Respondent under Contract Labour Act

(FORM No. XXV)

Ext.M139

2005

Copy of Annual returns filed by the Respondent under Contract Labour Act

(FORM No. XXV)

Ext.M140

2008

Copy of Annual returns filed by the Respondent under Contract Labour Act

(FORM No. XXV)

Ext.M141

2009

Copy of Annual returns filed by the Respondent under Contract Labour Act

(FORM No. XXV)

Ext.M142

2011

Copy of Annual returns filed by the Respondent under Contract Labour Act

(FORM No. XXV)

Ext.M143

2012

Copy of Annual returns filed by the Respondent under Contract Labour Act

(FORM No. XXV)

Ext.M144

2013

Copy of Annual returns filed by the Respondent under Contract Labour Act

(FORM No. XXV)

Ext.M145

2014

Copy of Annual returns filed by the Respondent under Contract Labour Act

(FORM No. XXV)

5400

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

Ext.M146

06.04.2010

Copy of the Remittance of Professional Tax for the period of October 2009 to

March 2010

Ext.M147

28.09.2010

Copy of the Remittance of Professional Tax for the period of April 2010 to

September 2010

Ext.M148

28.03.2011

Copy of the Remittance of Professional Tax for the period of October 2009 to

March 2010

Ext.M149

28.09.2011

Copy of the Remittance of Professional Tax for the period of April 2011 to

September 2011

Ext.M150

31.03.2012

Copy of the Remittance of Professional Tax for the period of October 2011 to

March 2012

Ext.M151

27.09.2012

Copy of the Remittance of Professional Tax for the period of April 2012 to

September 2012

Ext.M152

19.02.2013

Copy of the Remittance of Professional Tax for the period of October 2012 to

March 2013

Ext.M153

23.09.2013

Copy of the Remittance of Professional Tax for the period of April 2013 to

September 2013

Ext.M154

18.03.2014

Copy of the Remittance of Professional Tax for the period of October 2013 to

March 2014

Ext.M155

25.03.2015

Copy of the Remittance of Professional Tax for the period of October 2014 to

March 2015

Ext.M156

25.09.2015

Copy of the remittance of professional tax for the period of April 2015-September

2015

Ext.M157

09.06.2014

Copy of the Internal Vacancy Notification for the post of Yard/Vessel Supervisor

& Tower Control

Ext.M158

10.06.2014

Copy of the letter sent by the Mr. K. Boobalan to Respondent Management/General

Manager/IR & Admn. for the post of Yard/Vessel Supervisor

Ext.M159

13.06.2014

Copy of the offer sent by the Respondent Management/General Manager to Mr. K.

Boobalan for the position of Supervisor in Management cadre

Ext.M160

16.06.2014

Copy of promotion order of Mr. K. Boobalan

Ext.M161

16.06.2014

Copy of the letter sent by the Mr. P. Duraisamy to Respondent Management

/General Manager/IR & Admn. For the post of Yard/Vessel Supervisor

Ext.M162

16.06.2014

Copy of the Offer letter sent by the Respondent Management/General Manager to

Mr. P. Duraisamy for the position of Supervisor in Management Cadre

Ext.M163

19.06.2014

Copy of promotion order of Mr. P. Duraisamy

Ext.M164

09.06.2014

Copy of the letter sent by the Mr. S. Ramesh to Respondent Management/General

Manager/IR & Admn. For the post of Yard Supervisor

Ext.M165

16.06.2014

Copy of promotion order of Mr. S. Ramesh

Ext.M166

09.06.2014

Copy of the letter sent by Mr. V. Sathiyakumar to Respondent Management/

General Manager/IR & Admn. for the post of Yard Supervisor

Ext.M167

13.06.2014

Copy of the offer letter sent by the Respondent Management/General Manager to

V. Sathiyakumar for the position of Supervisor in Management Cadre

Ext.M168

16.06.2014

Copy of promotion order of Mr. V. Sathiya Kumar

Ext.M169

16.06.2014

Copy of Internal Vacancy Notification for the post of Tower Control/planner

Ext.M170

17.06.2014

Copy of the letter sent by Mr. Jais Jose to Respondent Management/General

Manager/IR & Admn. for the post of planning

Ext.M171

18.06.2014

Copy of offer letter sent by the Respondent Management/General Manager/HR to

Mr. Jais Jose for the position of Supervisor in Management cadre

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5401

Ext.M172

24.06.2014

Copy of promotion order of Mr. Jais Jose

Ext.M173

18.06.2014

Copy of offer letter sent by the Respondent Management/Manager – HR to Mr. S.

Nanda Kumar for the position of Supervisor in Management cadre

Ext.M174

24.06.2014

Copy of promotion order of Mr. Nanda Kumar

Ext.M175

17.06.2014

Copy of the letter sent by Mr. R. Elango Raja to Respondent Management/General

Manager/IR &Admn. for the post of Planner

Ext.M176

18.06.2014

Copy of offer letter sent by the Respondent Management/Manager – HR to Mr. R.

Elango Raja for the position of Supervisor in Management cadre

Ext.M177

19.06.2014

Copy of promotion order of R. Elango Raja

Ext.M178

19.03.2015

Copy of Internal Vacancy Notification for the post of Shift Safety Officer

Ext.M179

21.04.2015

Copy of promotion order of C. Suresh Kumar

Ext.M180

16.04.2015

Copy of promotion order of K. Praveen Kumar

Ext.M181

16.04.2015

Copy of the promotion order of G. Gangadharan

Ext.M182

March 2012

Copy of Balance Sheet of the Respondent/Management

Ext.M183

March 2013

Copy of Balance Sheet of the Respondent/Management

Ext.M184

March 2014

Copy of Balance Sheet of the Respondent/Management

Ext.M185

March 2013

Copy of Director’s Report of the Respondent/Management

Ext.M186

March 2014

Copy of Director’s Report of the Respondent/Management

Ext.M187

21.12.2001

Copy of application alongwith resume submitted by Mr. Bhuvanesh (Petitioner in

ID No. 12 of 2014) to the Personnel Manager of the Respondent Company

Ext.M188

23.02.2011

Copy of letter submitted by Mr. Balachandran (Petitioner in ID No. 122 of 2014) to

General Manager of the Respondent

Ext.M189

22.04.2013

Copy of e-mail sent by Regional – HR & Admn. To all General Manager – HR

Ext.M190

21.05.2013

Copy of e-mail sent by HR Subcontinent Regional Officer to all General Manager

Ext.M191

23.05.2013

Copy of e-mail sent by the Regional Head – HR & Admn. to all the units

Ext.M192

31.05.2013

Copy of e-mail sent by Regional HR-Admn. to all the Units

Ext.M193

14.06.2013

Copy of Minute of Meeting with Regional HR Head & BU HR Heads

Ext.M194

18.06.2013

Copy of e-mail sent by Company Secretary to all the Units

Ext.M200

31.07.2013

Copy of letter from Mr. Nagarajan requesting the Respondent for transferring of

NSICT (Mumbai) instead of MICT

Ext.M201

31.07.2013

Copy of letter from the Respondent to Nagarajan

Ext.M202

21.04.2015

Copy of Annual Compensation Revision for Mr. Nagarajan

Ext.M203

Jan., 2016

Copy of pay-slip of Nagarajan

Ext.M204

19.08.2013

Copy of letter of resignation submitted by one Mr. Jayaprakash

Ext.M205

19.08.2013

Copy

Relieving

Order

issued

the

Respondent/Management

Mr. Jayaprakash

Ext.M206

19.08.2013

Copy of the Service issued by the Respondent/Management

Ext.M207

19.08.2013

Copy of the Memorandum of Agreement between Respondent Company and

Mr. M. Jayaprakash

Ext.M208

2013

List of person joined in the Respondent Company

Ext.M209

2013

List of person joined in the Respondent Company

Ext.M210

2014

List of person joined in the Respondent Company

5402

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

Ext.M211

2014

List of person joined in the Respondent Company

Ext.M212

2015

List of person left from the Respondent Company

Ext.M213

2015

List of person joined in the Respondent Company

Ext.M214

List showing number of persons employed in the Respondent / Management for the

year 2013-2014-2015.

ubZ fnYyh] 28 uoEcj] 2016

dk-vk- 2316-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ

xqtjkr feujy MsoyiesaV dkiksZjs'ku 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;] vgenkckn ds iapkV (lanHkZ la[;k 92@2005) dks çdkf'kr djrh gS]

tks dsUnzh; ljdkj dks 23-11-2016 dks çkIr gqvk FkkA

¹la- ,y&29015@4@2005&vkbZvkj (,e)º

jkts'k dqekj] voj lfpo

New Delhi, the 28th November, 2016

S.O. 2316.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 92/2005) 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. Gujarat Mineral Development Corporation Ltd. and their workman, which was received by the

Central Government on 23.11.2016.

[No. L-29015/4/2005-IR (M)]

RAJESH KUMAR, 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 03^rd October 2016

Reference: (CGITA) No. 92/2005

The General Manager (Project),

Gujarat Mineral Development Corporation Ltd.,

Rajpardi, Tal. Jhagadia,

Distt. Bharuch (Gujarat)

…First Party

V/s

Sh. Shantilal Somabhai Vasava,

C/o Assistant Labour Commissioner (Central),

5, Dhaiver Society, Near Baroda High School,

Baggikhana Road,

Vadodara (Gujarat)

…Second Party

For the First Party

Shri K.H. Patel

For the Second Party

Shri Rajesh Singh

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-29015/4/2005-

IR(M) dated 14.10.2005 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect

of the matter specified in the Schedule:

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5403

SCHEDULE

“Whether the action of the management of Gujarat Mineral Development Corporation Ltd. in terminating the

services of Shri Shantilal Somabhai Vasavaw.e.f. 30.06.1986 justified? If not, what relief the workman is

entitled to?”

The reference dates back to 14.10.2005. Neither of the parties after service submitted the statement of claim or

written statement as the case may be. After a lapse of 11 years, the learned counsel for the second party Shri Rajesh

Singh moved a motion to withdraw from the reference to which first party has no objection.

Thus the reference is disposed of as not pressed and withdrawn.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 28 uoEcj] 2016

dk-vk- 2317-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ

xqtjkr feujy MsoyiesaV dkiksZjs'ku 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;] vgenkckn ds iapkV (lanHkZ la[;k 93@2005) dks çdkf'kr djrh gS]

tks dsUnzh; ljdkj dks 23-11-2016 dks çkIr gqvk FkkA

¹la- ,y&29015@3@2005&vkbZvkj (,e)º

jkts'k dqekj] voj lfpo

New Delhi, the 28th November, 2016

S.O. 2317.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 93/2005) 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. Gujarat Mineral Development Corporation Ltd. and their workman, which was received by the

Central Government on 23.11.2016.

[No. L-29015/3/2005-IR (M)]

RAJESH KUMAR, 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 03^rd October 2016

Reference: (CGITA) No. 93/2005

The General Manager (Project),

Gujarat Mineral Development Corporation Ltd.,

Rajpardi, Tal. Jhagadia,

Distt. Bharuch (Gujarat)

…First Party

V/s

Sh. Chhatrasinh Harji Vasava,

C/o Assistant Labour Commissioner (Central),

5, Dhaiver Society, Near Baroda High School,

Baggikhana Road,

Vadodara (Gujarat)

…Second Party

For the First Party

Shri K.H. Patel

For the Second Party

Shri Rajesh Singh

5404

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-29015/3/2005-

IR(M) dated 14.10.2005 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 Gujarat Mineral Development Corporation Ltd. in terminating the

services of Shri Chhatrasinh Harji Vasava w.e.f. 30.06.1986 justified? If not, what relief the workman is

entitled to?”

The reference dates back to 14.10.2005.Neither of the parties after service submitted the statement of claim or

written statement as the case may be. After a lapse of 11 years, the learned counsel for the second party Shri Rajesh

Singh moved a motion to withdraw from the reference to which first party has no objection.

Thus the reference is disposed of as not pressed and withdrawn.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 28 uoEcj] 2016

dk-vk- 2318-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ

bf.M;u vkW;y dkiksZjs'ku 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;] vgenkckn ds iapkV (lanHkZ la[;k 26@2006) dks çdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 23-11-2016 dks çkIr gqvk FkkA

¹la- ,y&30011@41@2005&vkbZvkj (,e)º

jkts'k dqekj] voj lfpo

New Delhi, the 28th November, 2016

S.O. 2318.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 26/2006) 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. IOC Ltd. and their workman, which was received by the Central Government on 23.11.2016.

[No. L-30011/41/2005-IR (M)]

RAJESH KUMAR, 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 05^th October 2016

Reference: (CGITA) No. 26/2006

The Executive Director,

IOC Ltd., Gujarat Refinery,

P.O. Jawaharnagar,

Baroda (Gujarat)

…First Party

V/s.

The President,

Rashtriya Mazdoor Union,

Aram Building, Poolbari Naka, Salatwada,

Baroda (Gujarat) – 390001

…Second Party

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5405

For the First Party

Shri K.V. Gadhia

For the Second Party

Shri Krishna Kurup

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-30011/41/2005-

IR(M) dated 21.02.2006 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect

of the matter specified in the Schedule:

SCHEDULE

“Whether the action of the management of IOC Ltd., Gujarat Refinery, Baroda in terminating the services of

Shri R.C. Parmar, Ex-Helper, Gr. III is legal, proper and just? If not, to what relief the concerned workman is

entitled to?”

The reference dates back to 21.02.2006. The second party submitted the statement of claim Ext. 7 on 19.09.2008

and first party submitted the written statement Ext. 6 on 09.09.2008 but since then the second party has not been

leading evidence. On 20.01.2016, the second party was given last opportunity to lead evidence and the case was fixed

for 26.05.2016. On 26.05.2016, neither of the parties appeared, however as a matter of caution, one more date was

given and the case was fixed for 05.10.2016. But again today on 05.10.2016, second party is absent to lead evidence.

Thus this tribunal has no option but to dispose of the reference in the absence of the second party.

In the absence of the evidence of the second party, the following finding is given: The action of the management

of IOC Ltd., Gujarat Refinery, Baroda in terminating the services of Shri R.C. Parmar, Ex-Helper, Gr. III is legal,

proper and just.

The award is passed accordingly.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 28 uoEcj] 2016

dk-vk- 2319-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ Hkkjr

isVªksfy;e dkiksZjs'ku 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;] vgenkckn ds iapkV (lanHkZ la[;k 04@2007) dks çdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 23-11-2016 dks çkIr gqvk FkkA

¹la- ,y&30011@35@2006&vkbZvkj (,e)º

jkts'k dqekj] voj lfpo

New Delhi, the 28th November, 2016

S.O. 2319.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 04/2007) 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. Bharat Petroleum Corporation Ltd. and their workman, which was received by the Central

Government on 23.11.2016.

[No. L-30011/35/2006-IR (M)]

RAJESH KUMAR, 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 18^th October 2016

Reference: (CGITA) No. 04/2007

5406

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

1. The Manager Incharge (Operations),

M/s BPCL, Koyali Installation, Karchia,

Baroda (Gujarat)

2. The Prioprietor,

M/s Tirthan Enterprise, 36, Upkar Society,

Ellora Park,

Baroda (Gujarat)

…First Party

V/s

The President,

Rashtriya Mazdoor Union,

Aram Building, Poolbari Naka, Salatwada,

Baroda (Gujarat) – 390001

…Second Party

For the First Party : Shri Yogesh K. Pathak

For the Second Party : Shri B.B. Thesia

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-30011/35/2006-

IR(M) dated 14.12.2006 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect

of the matter specified in the Schedule:

SCHEDULE

“Whether the action of the management of BPCL in terminating the services of Shri Dodiya Bhikhabhai C.

w.e.f. 01.10.2004 through its contractor is legal, proper and just? If not, to what relief the concerned workman

is entitled to?”

The reference dates back to 14.12.2006. The second party submitted the statement of claim Ext. 4 on 28.08.2004

and the first party submitted the written statement Ext. 16 on 22.02.2010. The second party also submitted his

affidavit/examination-in-chief Ext. 18 on 01.04.2010. But since then the workman has not been attending the tribunal

for his cross-examination. The advocate for the second party workman Shri B.B. Thesia moved an application Ext. 27

stating that his client has not been in contact despite contacting him by way of post. Thus it appears that the second

party workman is not willing to prosecute the case.

Therefore, the reference is dismissed in non-prosecution of the case by the workman/second party.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 28 uoEcj] 2016

dk-vk- 2320-—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 ,oa vU; 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 218@2004) dks çdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 23-11-2016 dks çkIr gqvk FkkA

¹la- ,y&30011@7@1998&vkbZvkj (,e)º

jkts'k dqekj] voj lfpo

New Delhi, the 28th November, 2016

S.O. 2320.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 218/2004) 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. ONGC Ltd. and others and their workman, which was received by the Central Government on

23.11.2016.

[No. L-30011/7/1998-IR (M)]

RAJESH KUMAR, Under Secy.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5407

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 17^th October, 2016

Reference: (CGITA) No. 218/2004

1. The Group General Manager,

ONGC Ltd., Avani Bhawan, Parichay Shopping Centre,

Near ‘D’ Cabin, IOC Office Road,

Gandhinagar (Gujarat)

2. M/s Rajdeep Co-op. Mazdoor Kamdar Sahakari Mandli,

7, Mandarshan Society, Near Ajay Tenaments, Bage Firdos,

Amraiwadi, Ahmedabad (Gujarat)

3. M/s Chandlodiya Mazdoor Kamdar Sahakari Mandli Ltd.,

179, Ambica Krupa Ranip,

Ahmedabad (Gujarat)

4. M/s Parishram Labour Co-op. Society Ltd.,

10, Sahajanand Shopping Centre, Shahibaug,

Ahmedabad (Gujarat)

5. M/s Public Power Mazdoor Kamdar Sahakari Mandli Ltd.,

Opp. Dudhsagar Dairy, Highway Road,

Mehsana (Gujarat) – 384002

6. M/s Industrial Security Services,

Parichay Shopping Centre, Near ‘D’Cabin,

Sabarmati, Ahmedabad (Gujarat)

7. M/s Tarun Enterprises,

Tarun House, Kajuwadi Chakla,

Andheri (East), Mumbai

8. M/s Lokpriya Labour & Engg. Co-op. Society Ltd,

308, Karishma Complex, Stadium Circle, C.G. Road,

Ahmedabad (Gujarat)

…First Party

V/s

The General Secretary,

Gujarat Petroleum Employees Union,

434/36, Gandhivas Naka, Gujarat Stadium Road,

Sabarmati, Ahmedabad (Gujarat)

…Second Party

For the First Party

Shri K.V. Gadhia

For the Second Party

Kum. Santoshben

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-30011/7/98-

IR(M) dated 06.08.1999 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 union asking the management of ONGC Ltd to prepare a seniority list of the contract

workers showing the date of appointment of each workman, name of present contractor under whom working,

5408

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

nature of job being performed etc is justified? If so, what directions are to be issued to the management of

ONGC Ltd?”

“Whether the union is justified in demanding wages equivalent to that of Heavy Vehicle Drivers working in

WSS and Transport Section to Heavy Vehicle Drivers (As per list enclosed) working in various sections of

ONGC from ONGC and Contractors (as per list attached)? If so to what relief the workmen are entitled?”

The reference dates back to 06.08.1999. The second party submitted the statement of claim Ext. 9 on 13.12.1999

and the first party submitted the written statement Ext. 12 on 12.02.2001. Some of the workmen, Prajapati Prahalad K.,

Patel Mahendra J., Mahender G. Patel, L.V. Rabari, Vaghela Shankarbhai D., Chauhan Harish R. and Patel

Champakbhai B. moved applications on 30.03.2006 for withdrawal from the reference. Those withdrawal applications

were allowed by the tribunal on 22.04.2013. Since 22.04.2013, the second party has not been leading evidence. Thus it

appears the rest of the workmen are not willing to prosecute the reference.

Thus the reference is disposed of as not pressed and the reference is decided as under: “The demand of union

asking the management of ONGC Ltd to prepare a seniority list of the contract workers showing the date of

appointment of each workman, name of present contractor under whom working, nature of job being performed etc is

not justified in the absence of the evidence of the second party with respect to the remaining workmen.”

The award is passed accordingly.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 28 uoEcj] 2016

dk-vk- 2321-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ yh

,.M eqbjgsM 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;] vgenkckn ds iapkV (lanHkZ la[;k 288@2004) dks çdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 23-11-2016 dks çkIr gqvk FkkA

¹la- ,y&37011@5@1999&vkbZvkj (,e)º

jkts'k dqekj] voj lfpo

New Delhi, the 28th November, 2016

S.O. 2321.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 288/2004) 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. Lee and Muirhead Ltd. and others and their workman, which was received by the Central

Government on 23.11.2016.

[No. L-37011/5/1999-IR (M)]

RAJESH KUMAR, 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 29^th September, 2016

Reference: (CGITA) No. 288/2004

The Commercial Manager,

M/s Lee & Muirhead Ltd.,

12, K. Dubash Marg,

Mumbai – 400023

…First Party

V/s.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5409

The President,

Kandla Port Karmachari Sangh,

T.C.X. – S – 94,

Gandhidham (Gujarat)

…Second Party

For the First Party

Shri J.M. Patel

For the Second Party

Shri C. Chaudhary

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-37011/5/99-IR(M)

dated 16.03.2000 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect of the

matter specified in the Schedule:

SCHEDULE

“Whether the closure of Kandla Office of M/s Lee & Muirhead Ltd is justified? Whether the terminal dues

offered by M/s Lee & Muirhead Ltd ignoring the claim of union/workmen are proper and sufficient? If not,

what should be the compensation payable to the workmen?”

The reference dates back to 16.03.2000. The second party submitted the statement of claim Ext. 4 on 02.08.2000

but first party did not prefer to submit the written statement. It is unfortunate that despite not filing written statement by

the first party, second party or his representative have not been appearing in the reference for leading exparte evidence.

The perusal of the record indicates that both the parties have settled their disputes by way of settlement on 13.05.2007

by way of notarised settlement between Lee & Muirhead Pvt. Ltd. and Kandla Port Karmachari Sangh.

Thus in the light of the settlement, the reference has become infructuous and no finding is required to be given.

The reference is disposed of as infructuous.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 28 uoEcj] 2016

dk-vk- 2322-—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 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 264@2004) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks

23-11-2016 dks çkIr gqvk FkkA

¹la- ,y&30011@18@2000&vkbZvkj (,e)º

jkts'k dqekj] voj lfpo

New Delhi, the 28th November, 2016

S.O. 2322.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 264/2004) 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. ONGC Ltd. and their workman, which was received by the Central Government on 23.11.2016.

[No. L-30011/18/2000-IR (M)]

RAJESH KUMAR, 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 21^st October, 2016

Reference: (CGITA) No. 264/2004

5410

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

The Group General Manager (P),

ONGC Ltd., KDM Bhawan, Palavasana,

Mehsana (Gujarat)

…First Party

V/s

The General Secretary,

Gujarat Mazdoor Panchayat,

Shram Shakti, P.B. No. – 77, Opp. Prabhat Press,

Mirzapur Road, Ahmedabad

…Second Party

For the First Party

Shri K.V. Gadhia Associates

For the Second Party

Shri P. Chidambaram

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-

30011/18/2000-IR(Misc.) dated 17.02.2000 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 Mazdoor Panchayat stating that Shri Kohil Deepak D. and 67 others (as per

list attached) were deployed by ONGC Ltd., Mehsana, as Clerks in prohibited category of employment vide

Notification No. U/23013/4/92-LW dated 08.09.1994 and that the concerned workmen are entitled to be

treated in direct employment in ONGC Ltd, Mehsana Project from the date of their engagement along with all

benefits is legal and justified? If yes, then to what relief the concerned workmen are entitled and from which

date?”

The reference dates back to 17.02.2000.

•

From the plain reading of the aforesaid terms of reference, the Gujarat Mazdoor Panchayat/ second party

union is seeking regularization of 68 persons and as per the version of the union representing the workmen,

the said persons have beenworking as Clerks and as per the notification dated 08/09/1994, the said post of

clerk is prohibited category by the appropriate Government.

Name of Workmen involved in the reference are as under:

Shri Kohil Deepak D.

Shri Thakkar Nilesh V.

Shri ParmarManilal P.

Shri ParmarLaljibhai S.

Shri Dave Ghansyam K.

Shri Desai Raghunath B.

Shri ParmarPareshkumar D.

Shri ParmarVadansinh S.

Shri ShivpriyRajen R.

10.

Shri Solanki Dhirubhai G.

11.

Shri Solanki Rameshbhai

12.

Shri Bhatt Dushyantkumar J.

13.

Shri Vishubhai N.

14.

Shri ShimaliKantibhai K.

15.

Shri Pillai Sunilkumar C.

16.

Shri Modi Kishan Kumar

17.

Shri Patel Kamlesh P.

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5411

18.

Shri Patel Narender T.

19.

Shri Patel Ramesh V.

20.

Shri Upadhyay H.K.

21.

Shri Trivedi Deepak Kumar P.

22.

Shri Vyas Arunkumar B.

23.

Shri MakwanaVasantlal P.

24.

Shri GoswamiMangalgiri U.

25.

Shri Khandvi Jitendra D.

26.

Miss Mehta Manisha S.P.

27.

Shri ParmarSureshkumar N.

28.

Shri Patel Rameshbhai S.

29.

Shri GosaiShankarbhai R.

30.

Shri Joshi Dipak Kumar R.

31.

Shri Joshi Nitin Kumar R.

32.

Shri ZakirBhelim

33.

Shri Patel Mahesh Kumar R.

34.

Shri Chaudhary Ishwarbhai K.

35.

Shri RavalJanak

36.

Shri SisodiyaHardevsingh K.

37.

Shri Parmar Mahesh P.

38.

Shri ParmarGautam Kumar

39.

Shri Patel Vittalbhai S.

40.

Shri ThakorRamanjiBhalaji

41.

Shri Patel Gunvant Kumar S.

42.

Shri Bhagwan Das

43.

Shri Dinkar Krishna Kumar

44.

Shri Parvati Bhandari

45.

Shri Sharma Anilkumar T.

46.

Shri Solanki Vinod J.

47.

Shri Chauhan Motilal D.

48.

Shri MakwanaJitendra S.

49.

Shri Solanki Navindchandra T.

50.

Shri Vyas Jitender Kumar

51.

Shri Gupta Sriram D.

52.

Shri KadiyaGovindbhai S.

53.

Shri ParmarMukesh G.

54.

Shri ParmarDilip Kumar G.

55.

Shri Patil Rajesh V.

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56.

Shri PrajapatiMahadev B.

57.

Shri RavalHitendra J.

58.

Shri Rohit Pravin Kumar G.

59.

Shri Thakkar Kalpesh Ratilal

60.

Shri Trivedi Jyotinder B.

61.

Shri VaghelaJagdish Kumar D.

62.

Shri ChavadaGirishbhai A.

63.

Shri ChavadaMuljibhai M.

64.

Shri Dave Dilip Kumar T.

65.

Shri Patel Chimanbhai

66.

Shri Patel Jayantibhai K.

67.

Shri Patel Rajendra Kumar B.

68.

Shri Nair Ramesh K.

The union representing the workmen filed its statement of claims Ex-3 dated 11/07/2000 and stated therein

interalia that the concerned persons have been working as clerks since years on permanent posts and nature of work

performed by them is of perennial in nature and is integral part of the business of the ONGC LTD. It is further stated

that the category of clerk is being prohibited by the Central Government vide Government order dated 08/09/1994,

therefore, they should be treated as permanent workmen of the ONGC Ltd from their initial date of joining. It has also

been stated that the arrangement between the ONGC and contractors is sham, bogus relying upon the judgment of

Hon’ble Supreme Court reported in 1978 II LLJ 397 as well as another judgment reported in 1997 I CLR 292. The

union has therefore prayed for granting permanent status and to extend all benefits including wages, equivalent to the

permanent workmen of the ONGC alongwith 24% interest on the arrears of pay. The union has also alternatively

prayed that the concerned persons should be treated as permanent workmen of ONGC Ltd with effect from 08/09/1994

as they have been working as clerks in the prohibited category since then.

The Union/second party also at the relevant time moved an application for interim relief vide Exh.-4 in the

matter and interalia prayed for restraining the First party, ONGC Ltd to change or modify the service conditions of the

68 concerned persons in any manner without prior permission of the Hon’ble Tribunal. In the said matter interim relief

was granted on 29/08/2000 and the same was subsequently confirmed by Tribunal vide its order dated 18/11/2002. The

Hon’ble Tribunal directed that the interim relief granted earlier is confirmed till the final disposal of the main reference

case. Hence it will be said that the concerned persons have been continued in employment of First Party ONGC Ltd till

date by virtue of interim order passed by the Tribunal on 29.08.2000.

The First Party ONGC filed its Written Statement dated 18/02/2002interaliadenied all the contentions raised in

the Statement of Claims as well as contentions raised in the aforesaid application for interim relief. The First Party,

ONGC Ltd., herein after referred to as ONGC, further submitted that there is no Master and Servant relationship

between ONGC and the concerned persons/workmen and the said persons were not engaged in prohibited category as

per Central Government notification and therefore they are not entitled for absorption with the first party. The ONGC

further submitted that the ONGC is registered as a Principal Employer u/s 7 of the Contractual Labour Regulation Act,

1970, hereinafter referred to as CLRA, 1970, and the concerned Contractors have also obtained license from the

Competent Authority u/s 12 of the said Act. The ONGC further submitted that the concerned persons have neither been

engaged nor have been deployed or supervised by the representatives of the ONGC and they are not doing any work

which may be said to be of permanent in nature or which can be equated with the work done by regular employees of

the ONGC. The said persons are not supervised, paid or even have been subject to administrative, financial or

disciplinary action of the ONGC. The said persons were deployed by the concerned contractors as per their

requirements from time to time. It is also submitted in the written statement that ONGC being State under Article 12

has to follow the prescribed rules for recruitment and has to observe the principles of Right toEquality and Right of

Equal Opportunity to all as envisaged in the Constitution of India. The ONGC also relied upon the judgment of

Hon’ble High Court of Gujarat in SCA No. 6050/1986 and other allied matters and also relied upon judgment of

Hon’ble Apex Court in case of Cipla Ltd. It is also submitted that if absorption is granted then the same would

tantamount to be back door entry. The ONGC also submitted that the designation given by the union to the second

party is purely imaginary and concocted and that the ONGC awarded job contract to the contractor through valid and

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5413

legal tender process and the contract is awarded to Techno-Commercially Fit Contractorfor miscellaneous jobs of

casual nature. The ONGC also relied on other judgments passed by the Hon’ble Apex Court and requested for rejection

of reference/case.

The union/second partysubmitted Documents vide-list dated NIL received by ONGC on 03/10/2012 consisting

of 81 documents while the ONGC submitted D-list vide Exh.-13 of 30 documents. The union examined three

concerned persons vide affidavit/examination-in-chief,Exh. -14, 16 and 17who have also been cross-examined by the

ONGC.

The ONGC submitted that if the documents produced by the union are perused then Sr. Nos. 2 to 75 are copies

of utilization records for various months. The said documents just show that the services of some of the concerned

persons have been utilized by a department of ONGC. It is submitted that the said documents have not been proved by

the union, therefore same have not been exhibited and thus they cannot be relied upon. For the sake of arguments even

if such documents are taken on their face value then also the same would not prove that the concerned persons were

working in prohibited category of clerks as alleged or otherwise. The union has also produced bank statements of 3-4

concerned persons and if the same are perused then it would be crystal clear that the concerned persons are employees

of the contractor and are paid by the contractor. Hence the documents produced by the union do not hold any ground or

help the case of the union.

The Ministry has referred the matter for 68 workmen who allegedly worked as Clerks in prohibited category as

per notification dated 08.09.1994. In the said reference the second party has examined Shri Chaudhary Ishwarbhai

Kalubhai vide Ext. 17, Dipakbhai Ramniklal Joshi vide Ext. 16 and Narendra Trikambhai Patel vide Ext. 14. In cross

examination he has stated that ONGC has not given any appointment letter. He further admitted that he was getting the

salary paid to semi skilled workers. In cross examination he admitted that Chanasma Sahakari Mandli paid him salary.

In cross examination Shri Dipak R. Joshi admitted that his PF was deducted by Chanasma Mazdoor Sahakari

Mandli. He has also admitted that neither the contractor nor the ONGC has given any appointment letter.

In cross examination Narendra T. Patel has admitted that he was not given any appointment letter by the ONGC

or the Contractor. He has admitted that the salary was paid by the contractor. He has further admitted that at the time of

deposition he was working under contractor B.S. Chaudhary. He has also admitted that the said contractor has paid him

salary and deducted the provident fund. He has further stated that he himself and other workers are doing the

miscellaneous work.

The second party’s learned counsel submitted written arguments which are reproduced as under:

“(1) This reference is caused to the Central Government Industrial Tribunal, Ahmedabad (CGIT for short) by

the Govt. of India by order dated 17.02.2000 to adjudicate and decide the following terms of reference.

“Whether the demand of Gujarat Mazdoor Panchayat stating that Shri Kohil Deepak D. and 67 others (as per

list attached) were deployed by ONGC as clerks in prohibited category of employment vide Notification No.

U/23013/4/92 – LW, dt: 08.09.1994 and that the concerned workmen are entitled to be treated in direct

employment in ONGC Ltd., Mehsana project from the date of their engagement along with all benefits is legal

and justified? If yes, then to what relief the concerned workmen are entitled and from which date?”

(2) Gujarat Mazdoor Panchayat (Panchayat for short) for and on behalf of the workmen has submitted its

statement of claims Ext. 3 date 29.08.2000 before the Tribunal. Notification of Government of India, Ministry

of Labour prohibiting the employment of contract labour in various works specimen in schedule is annexed

hereto in the establishment of Oil and Natural Gas Commission in the country date 08.09.1994 is also a record

of the case (Ext. 13).

(3) As per the said notification of Govt. of India “clerks (including Accounts Clerks)”is a prohibited category.

The 68 workmen concerned in this reference are working as clerks in the prohibited category. As per the

provision contained in Contract Labour (Regulation and Abolition) Act once a contract arrangement is

prohibited the workmen are to be deemed workmen of the principal employer. In this case the workmen named

in the schedule of reference are doing clerical work and hence are in the prohibited category of workmen and as

such they are the permanent workmen of ONGC Ltd.

(4) The ONGC Ltd. could not have permitted to continue the contract labours employment in the nature of

clerical work. Continuing to employ contract labour to do clerical work as such is illegal. The whole

arrangement on and from the date of notification 8/9/94 is bad in law.

(5) The next submission is that the Contract Labour (Regulation and Abolition) Act 1970 (Contract Act for

short) is applicable to the ONGC Ltd. As per the Contract Labour (Regulation and Abolition) Act 1970, it is

necessary for the Principal Employer (ONGC Ltd. for short) to obtain a certificate of registration to appoint a

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THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

contractor and the contractor so appointed should obtain a licence under the contract act before starting the

contract work. In the absence of a Registration Certificate with the principal employer and / or in the absence of

a licence with the contractor the contract arrangement is thus sham and bogus. The contract act does not permit

an employer to appoint contractor without licence. Any contract without a registration with the Principal

Employer and any contractor without a licence to employ contract labour are illegal and void. In our case the

reference is made on 17.02.2000. The workmen had served their demand notice dated 01.07.1999. This makes it

amply clear that the workmen were working in ONGC Ltd. even before 01.07.1999. There is no Registration

Certificate prior to 01.07.1999 with ONGC Ltd. A few documents have been produced by ONGC Ltd. It reveals

from the list produced, the list is received by the union on 11.09.2002. Item No. 3 of the list states that the

registration is obtained for and on behalf of one contractor i.e. Public Power KamdarSahakariMandali Ltd. It is

for a period of 2 years i.e. from 01.07.1998. Item No. 1 in the list is the zerox copy of the certificate of

registration of 17.08.1999 with retrospective date.

A bunch of zerox papers received by the Panchayat on 11.09.2002 produced by the ONGC in on record of the

case. Who has produced the papers before the court is not known. The person producing the said bunch of papers is not

known to anyone. On reading the papers it is seen they are the zerox copies of the certificate of registrations of

difference date and zerox copies of the licence issued to difference contractor for different period. However the said

bunch of papers has not been produced properly and hence is not exhibited by the CGIT and so it is of no use

whatsoever.

The Whole arrangement between ONGC Ltd. and the so-called parties is sham and bogus. The contractor has

not been examined as a witness by the ONGC Ltd. before the tribunal. Hence the tribunal is handicapped from knowing

the details of each contract. The arrangement as such is sham and bogus.

The Panchayat hence submits that 68 workmen are the permanent workmen of ONGC Ltd. and they should be

held so.

The Panchayat hence submits the 68 workers are in the prohibited category and as such are the permanent

workmen of the ONGC Ltd. from the date the contract got abolished under the CLRA Act.“

In reply the ONGC submitted that as stated hereinabove as many as 30 documents are produced by the ONGC

vide Exh-30. The same include copy of registrations issued to the ONGC by the competent authority under the Contract

Labour(R & A) Act, 1970, various communications by the Competent Authority, copy of licenses issued by the

Competent Authority to various contractors and also copy of agreements entered into between ONGC and various

contractors. It is also submitted that the Competent Authority would not have issued Registration or License if the work

was of permanent or perennial nature. On the contrary if the item No. 2 from the sad D-list of Aug. 1999 is perused,

then it is crystal clear that the Authority has instructed the ONGC to inform all the contractors to obtain labour license.

If the contract agreements are perused then also it is also clear that contracts have been awarded after following a legal

and valid tender procedure and the same are given for different types of seasonal and casual nature of jobs. Thus from

the above documentary evidences itself makes it clear that the contracts are given for miscellaneous jobs of seasonal

and casual nature after following valid and legal process and the Registration as well as Licenses are issued by the

Competent Authority under the CLRA, 1970. Therefore the contract is genuine and legal and hence the reference is

required to be rejected based on the documentary evidences.

It is further argued by First party ONGC that as stated hereinabove 3 of the total 68 persons have only been

examined by the union before this Hon’ble Tribunal. It is pertinent to note here that no documentary evidence is put on

record to prove that the concerned persons are working in prohibited category of Clerks or they are being supervised

and/or controlled by the officers of the ONGC. All the three persons have been cross examined by the ONGC. If the

cross examination of 1 of the concerned persons i.e. Shri Narendra kumar Trikambhai Patel at Exh.-14 is perused then

also it is found that no appointment letter was given by the ONGC to any of the concerned person or workman. The

witness has further admitted that salary is paid by the contractor and the PF is also deducted from his salary and no

designation of clerk is given to him. He has further admitted that he is doing work of miscellaneous nature. He has also

admitted that other concerned persons are also doing the same miscellaneous works. He has further admitted that he

does not know the age, date of joining, qualification or the address of the other concerned persons. Thus the cross

examination of the concerned witnesses itself give clear conclusion that the said persons are doing miscellaneous work

and not working as Clerks as alleged. From the Bank statement of the said persons as well as from the cross

examination it is clear that he is being paid by the contractor and his PF was also deducted by the said contractor. Now

if the cross examination is read along with contract agreement between ONGC and contractor produced by the ONGC

then it is clear that the concerned persons are doing work of miscellaneous nature and not as clerks. If the educational

qualifications of the concerned persons are examined then he has not passed 12^th standard, while another is 12^thpass and

third person is graduate. Hence their educational qualifications are also not same or similar equivalent to eligibility

mark of the post of clerks.

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5415

The ONGC submits that as per the settled legal position documentary evidences would prevail over oral

evidence. In the above matter the ONGC has produced documents of registration, license, and contract agreement etc.

to prove that the concerned persons are doing miscellaneous work of seasonal and casual nature and the concerned

persons/witnesses have also in their cross examination admitted that they are doing miscellaneous work. The union has

merely stated in its Statement of Claims that the work is of perennial nature and the concerned persons are being

controlled and supervised by the officers of the ONGC but they have not produced a single document to substantiate

the said contention. The union has also merely made a bald statement that the concerned workers are working in the

prohibited category of clerks but no evidence to that effect is led by the union to substantiate the same. On the other

hand from the documents produced by the ONGC coupled with the cross-examination of the concerned persons it is

crystal clear that the work done by the concerned persons is of miscellaneous nature and they are not doing any job

which would fall in the category of clerks. As per the settled position of law, the onus is upon the claimant to

substantiate or prove his case but in the present case the union has miserably failed to do so and therefore on this

ground alone the reference is required to be rejected.

10.

The ONGC further submitted that ad-interim relief has been granted in favour of the concerned persons from

the day one i.e. from August, 2000 and the same has continued till date and it is because of the orders passed by this

Hon’ble Tribunal the concerned persons were permitted to continue in job till date. In other words the concerned

persons are in litigious employment. As per the proposition law settled by the Hon’ble Apex Court in case of Umadevi

as well as other landmark judgments such persons who have been continued only due to orders passed by the Court or

due to pendency of cases before the Courts cannot claim for regularization stating that they have been in continuous

employment for years together.

11.

It is further submitted that as stated hereinabove, ONGC is a State under Article 12 of the Constitution of India

and therefore has to abide by the provisions of Article 14, 16 as well as Recruitment Rules while recruiting any

persons. Admittedly the concerned persons have neither been appointed by the ONGC nor have faced interview,

selection process and induction process as required by the recruitment rules. The said persons also do not fulfill the

eligibility criteria as per the Recruitment Rules. The Recruitment Rules of the ONGC provide for the selection process

before recruiting any person and the same is admittedly not followed in the present case as the concerned persons are

contractual employees. Therefore on this ground alone the concerned persons are not entitled to any relief as the same

would tantamount to back door entry and would be violative of Article 14 and 16 of the Constitution of India.

12.

It is also submitted by ONGC that admittedly the said persons have been engaged by the Contractor and yet no

contractor i.e. their employer has been joined as a party in the present proceedings and therefore on the ground of non-

joinder of necessary party alone the present reference is required to be rejected. Similar view has been taken by the

Hon’ble Allahabad High Court in case of M/s. NTPC Ltd. reported in 2015 (144) FLR 248.

13.

The ONGC also submitted that as stated hereinabove as per admission of the concerned persons they are being

employed by the contractors and are paid by the said contractors. It has also emerged in the cross examination that they

are being paid on daily wage basis. It is also undisputed that the work performed by them is of miscellaneous nature. It

is also submitted that the concerned workers accepted such appointment with open eyes and therefore now they cannot

turn back and claim regularization or equal pay by way of litigious employment.

14.

The ONGC also submitted that the Hon’ble Apex Court has in series of judgments held that doctrine of

separation of powers is to be followed by the three wings and as per the said doctrine granting of regularization or

equal pay should not be done by the Judiciary and the same should be left to the Executive Wing of the state. The

Hon’ble Apex Court has also held that host of factors are to be considered before granting of regularization or equal

pay like selection, interview, induction, age, educational qualification, roles and responsibilities, nature of work etc.

The Hon’ble Courts have held that only if there is wholesome identity between the two sets of employees then in that

case only equal pay can be granted and not otherwise. As stated hereinabove in the present case the Union has not

proved that there is wholesome identity between the concerned persons and regular employees of the ONGC and

therefore they are not entitled for any relief as prayed for.

15.

The ONGC relied upon several judgments which are as under:

The Hon’ble Supreme Court in a case of Vice ChancellorLakhnow University, LakhnawVs. Akhilesh

Kumar Khare&Anr. reported in 2015 III CLR 464 held that the Courts cannot issue any direction

for absorption / regularization of temporary, contractual, casual, daily wage or ad-hoc employees.

II.

The Hon’ble Supreme Court in case of Account Officer (A&I) APSRTC &Ors. Vs. K.V.

Ramana&Ors.2007 LLR 338 held that contractual workers who have completed 240 days without any

break cannot be regularized dehors the rules of selection as they had not undergone the departmental

selection process.

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THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

III.

The Hon’ble Supreme Court in a landmark judgment of Dena Nath and Ors. reported in 1992 (64) FLR

39 held that the CLRA Act merely regulates the employment of contract labour in certain establishment

and provides for its abolition in certain circumstances. Non compliance of the provisions only exposes to

prosecution but the contract labour employee does not become direct employees of principal employer.

IV.

The Hon’ble Supreme Court then in case of Steel Authority of India Ltd. and Ors. reported in 2001 (2)

SCSLJ = 2001 LLR 961 also laid down a ratio that

“Neither Section 10 of the CLRA Act nor any other provision in the Act, whether expressly or by necessary

implication, provides for automatic absorption of contract labour on issuing a notification by

Appropriate Government under sub section (1) of Section 10, prohibiting employment of contract

labour, in any process, or other work in any establishment. Consequently the principal employer cannot

be required to order absorption of the contract labour working in the concerned establishment.”

In Union of India &Anr. Vs. RamsinghThakor&Ors. reported in2012 AIR SCW 3806 Hon’ble

Apex Court held that regularization of services is an executive function and such direction cannot be

given by the Judiciary.

VI.

Hon’ble Apex Court in case of Balvant Rai Saluja&Anr. Vs. Air India Ltd. &Ors. 2014 III CLR

751 held that contractual workers working in statutory canteen as per the Factories Act who are under

certain degree of control of the Principal Employer also cannot claim regularization as there is no parity

in the nature of work, mode of appointment, qualification etc. between regular employees of the partly

employer and concerned persons. In the present case admittedly the second party workmen are engaged

by the contractor like in the above case and hence they are not entitled for regularization.

VII.

The Division Bench of Hon’ble High Court of Gujarat in LPA 530 in the case of Jhon Peter

Farnandizalso held that as per the position of law settled by the Hon’ble Apex Court in various

judgments contractual workers have not undergone the selection process and therefore they cannot claim

regularization. (citations is not given in written arguments)

VIII. The ONGC also relied upon the judgment passed by the Hon’ble Division Bench of Gujarat High Court

in Hadvad Nagar Palika wherein the Hon’ble Bench held that compliance of Section 25F is also not

required in case of daily wages. (Citation is not given in written arguments)

IX.

In LPA No. 2038/2004 in case of Shukla M.P. Vs. Municipal Commissioner also the Division Bench of

Hon’ble Gujrat High Court held that once the concerned person has not followed the selection process,

he cannot be entitled for regularization.(Citation is not given in written arguments)

In case of latest judgment of Gujrat high court in ONGC vShri Chetan Kumar Patel and Others

reported in 2016 III CLR Page 106 workmen prayed for regularization with ONGC. The Hon’ble High

Court has after considering the judgment of Constitution Bench inUmadevi reported in 2006 II CLR

261, Indian Drugs Pharmaceuticals, KendriyaVidyaSangathan, U.P. State Electricity Board, Official

Liquidator Vs. Dayanand etc. held that

•

If it were an engagement or appointment on daily wages or casual basis, the same would come to

an end when it is discontinued.

•

Merely because a temporary employee or a casual wage worker is continued for a time being

beyond the term of his appointment, he would not be entitled to be absorbed in regular service or

made permanent, merely on the strength on such continuance, if the original appointment was not

made by following a due process of selection as envisaged by the relevant rules.

•

Regularisation is not a mode of appointment.

•

The Government or the instrumentality of the State cannot regularize the appointment made

contrary to the course of selection as envisaged by the relevant rules governing the posts.

•

The High Court acting under Article 226 of the Constitution of India should not issue directions

for regularization or permanent continuance unless the recruitment itself was made regularly and

in terms of the constitutional scheme.

•

There should be no further by-passing of the constitutional requirement and regularization or

making permanent those not duly appointed as per the constitutional scheme. [vide ShilpaJinda

case (supra)]

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5417

XI.

The present first party submits that after the constitution bench judgment the Hon’ble Apex Court in

2010 in case of State of Karnataka &Ors. Vs. Gadilingappa and Ors. held that any judgment / direction

contrary to the directions given in Umadevi’s case [2006(4) SCC 1] shall not have a precedent status.

XII.

The First Party submits that, the first party has examined its officer Mr. Patel in Ref.(CGITA) No.

268/2004 and he has stated that in ONGC recruitment is being done under the R & P Regulations. The

names are invited from the employment exchange and thereafter screening by way of written and oral

test and thereafter medical examination the regular workmen were appointed. Admittedly these

persons/workmen have not undergone this process and hence they are not entitled to get absorption with

ONGC. ONGC is State under Article 12 of the Constitution of India and it has to follow provisions of

Articles 14, 16 and 309 of the Constitution of India at the time of recruitment. If the prayer of the second

party is granted then it would amount to be back door entry. This cannot be permitted under the settled

law. Similar view has been taken by the Constitution Bench comprising of five judges of the Hon’ble

Supreme Court in case of Secretary, State of Karnataka and Ors. Vs. UMADEVI and others, reported in

2006 II CLR 261.

16.

The Gujarat Mazdoor Panchayat (“Panchayat” for short)/second party’s learned counsel submittedBrief Reply

to Written Submissions of the First Party-ONGC Ltd which is reproduced as under:

“(i) The First Party ONGC Ltd. has produced documents vide list Ext. 13 of 30 documents which was not

proved by the ONGC Ltd. and the documents are copies of Registration Certificates, Licence, other

communications and agreements etc. If we persue the registration certificate at Sr. No. 1 date of issuing

certificate is 16.11.1999 which is after arising the dispute vide demand notice date 01.07.1999 and at the same

time licence were also issued with effect from ante date which is not legal according to contract labour (R & A)

Act, 1970. It is also seen from the agreements that the agreements are also made from retrospective dates, which

is also against the settled position of law. However all these documents are not adopted or proved by ONGC Ltd

and they were not exhibited.

(ii)

The first party ONGC Ltd. has examined two witness, one Mr. B.P. Rathod in Ref(CGITA) : 268/2004 at

Ext. 16 and other is Mr. Isikella Krishna Murthy in Ref(CGITA): 270/2004 at Ext. 14 both the witness in their

cross examination has admitted that the concerned workers are working in ONGC Ltd. at Mehsana since long.

They also admits that work was provided by ONGC Ltd. and place of work is in the premises of ONGC Ltd.

The workers work on which machinery or in field area or in office area is off ONGC Ltd. The workers working

for the benefits of the ONGC Ltd. so from the above it is clear that the workers are of the first party ONGC Ltd.

which is not disputed.

(i)

The second party Panchayat has examined three witness in this case, vide Ext. 14, 16 and 17 and

Panchayat also examined their witness in each cases, and all the witness admits that they are working for the

ONGC Ltd., Place of work is in the premises of ONGC Ltd. work provided by ONGC Ltd., for their work

required tools, tackles, spare parts provided by ONGC Ltd., Stationeries, Machineries, Radio-wireless sets and

Telephone etc. on which concerned workers are working is of ONGC Ltd. Transportation facilities also

provided by the ONGC Ltd. for working on filed area. The workers have to work under the instruction and

supervision of the officer of the ONGC Ltd. The workmen are working round the clock in each shift. They are

doing permanent and day to day work for the benefits of the ONGC Ltd. The first party has never disputed the

working of the workers and their date of joining in ONGC Ltd. It is clear from the oral evidence of workman in

each case that they are doing work on permanent basis and day to day which is prohibited by Central

Government notification dated 08.09.1994.

(ii)

The second party Panchayat submits that the various judgements of the Apex Court, it is settled that

workers engaged through so-called contract arrangement and the contracts are bogus and camouflage then the

workers are be treated as the permanent workers of the principal employer.

(A)

Bhilwara Doodh Utpadak Sangh Ltd.

V/s

Vinod Kumar Sharma & Others

(2011 CLR P. 1079) (SC)

In the above case, Hon’ble Supreme Court held that:

(3)

In order to avoid their liability under various labour statutes employers are very often resorting to

subterfuge by trying to show that their employees of a contractor. It is high time that this subterfuge must come

to an end.

5418

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

(4)

Labour statutes were meant to protect the employees/workmen because it was realized that the employers

and the employees are not on an equal bargaining position. Hence, protection of employees was required so that

they may not be exploited. However, this new technique of subterfuge has been adopted by some employers in

recent years in order to deny the rights of the workmen under various labour statutes by showing that the

concerned workmen are not their employees but are the employees/workmen of a contractor, or that they are

merely daily wage or short term or casual employees when in fact they are doing the work of regular

employees.

(5)

This court cannot countenance such practices any more. Globalization / liberalization in the name of

growth cannot be at the human cost of exploitation of workers.

(B)

Steel Authority of India Ltd. and Ors.

2001 LLJ (II) P : 1087 (SC)

119 (5) On issuance of prohibition notification under Section 10 (1) of the CLRA Act prohibiting employment

of contract labour or otherwise, in an industrial dispute brought before it by any contract labour in regard to

conditions of service, the industrial adjudicator will have to consider the question whether the contractor has

been interposed either on the ground of having undertaken to produce any given result for the establishment or

for supply of contract labour for work of the establishment under a genuine contract or is a mere ruse/

camouflage to evade compliance of various beneficial legislations as to deprive the workers of the benefit there

under. It the contract is found to be not genuine but a mere camouflage, the so-called contract labour will have

to be treated as employees of the principal employer who shall be directed to regularize the services of the

contract labour in the concerned establishment subject to the conditions as may be specified by it for that

purpose in the light of Para 6 hereunder.

(C)

Steel Authority of India Ltd.

V/s

Gujarat Mazdoor Panchayat

2004 GLR (1) P : 729

17.

The Position of law, which emerges from the reported decisions of the Supreme Court, is that workmen

working under a contract are entitled to raise a demand that they should be declared as workmen of the principal

employer. It is always open to the workmen concerned to place materials before the industrial adjudicator to show that

the contract between the principal employer and the contract labourer is sham or not genuine, and claim declaration that

they were always the employees of the principal employer and are entitled to appropriate service conditions. When

such a dispute is raised, it is not a dispute for abolition of labour contract. Hence, the provisions of Section 10 of the

Act will not bar either the raising, or the adjudication, of such a dispute. When such a dispute is raised, industrial

adjudicator has to decide whether the contract is sham or genuine. It is only if adjudicator comes to a conclusion that

the contract is sham, then he will have jurisdiction to adjudicate the dispute. If however, he comes to a conclusion that

the contract is genuine, he will have to dismiss the reference and may refer the workmen to the appropriate government

of or abolition of contract labour under Section 10 of the act.

In the light of above referred to principles of law, the dispute raised in the petition will have to be considered by

this court. However before resolving the dispute raised in the petition, it would be relevant to advert to oral evidence

adduced by the parties before the tribunal.

18 .

The factors which may establish that a contract between the principal employer and the labour contractor is a

mere paper arrangement or an eye wash or a camouflage or a ruse or a façade or a name lender are; (i)

activities/business of the principal employer, (ii) genuine need or requirement of engaging contract labour, (iii) length

of continuous and uninterrupted service of workmen, (iv) nature of work done by workmen, i.e. whether the work is

perennial in nature or intermittent, (v) who has, in fact, supplied the labour force to the principal employer, meaning

thereby, whether the services of the workmen were made available to the principle employer by the labour contractor

after making recruitment, (vi) extent of supervision and control of the workmen by principal employer, (vii) whether

the workers do the labour work to produce goods or service for business of the principal employer, and (viii) whether

the provisions of the Act relating to registration and licence etc. are complied with. The plea that the industrial

adjudicator cannot take into consideration the factors mentioned in Clauses (a) to (d) of Section 10 (2) of the Act to

arrive at the finding as to whether the labour contracts are genuine or not cannot be accepted in view of the principles

laid down in Gujarat Electricity Board V. Hind Mazdoor Sabha (supra) at Page 67, Paragraph 59.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5419

(D) Workmen of Bhurkunda Colliery of Central Coalfields Ltd.

V/s

State of Bihar &Ors.

2006 SSC (L&S) P. 530

“Both employers and employees have their respective obligations. They must have the appreciation of each

other’s responsibilities, duties and obligations. The Trade Union and Labour Union should understand and appreciate

the fact that Labour is not a commodity nor is it a mere supply of Labour force at the managements disposal.

Essentially, Labour is the real basis that underlines the production of goods and services. Through the work should the

human personality and its sense of responsibility be able to unfold, management should appreciate this and always

attribute its success to the trained and effective labour force. It must be understood by all concerns that both the

employees and employers are vital for any industry and unless there is proper coordination, the smooth functioning of

any industry would be difficult.

From the all judgments it is clear that the workmen of the concerned disputes are permanent workmen of the

Principal Employer and not of the so-called contractors.

(5)

The criteria of the judgments of State of Karnataka V/s Umadevi and Ors. Are not applicable to this case,

because these are the workers are not daily wager, they working on regular basis and has paid on monthly basis and

they are doing permanent and perennial work for the ONGC Ltd.

In view of what is stated above the concerned workers are of the ONGC Ltd. and they should be treated as the

permanent workmen of the ONGC Ltd. from their date of joining.

In this reference, there are two issues which are to be addressed by the Tribunal.

1. Whether the workmen involved in this reference were/are working in prohibited category and also in

direct employment in ONGC Ltd, Mehsana Project from the date of their engagement?

2. Whether the workmen can claim any advantage of litigious employment?

3. Whether all these workmen are entitled to be regularized as permanent employee of ONGC Ltd,

MehsanaProjectalong with all benefits?

Issue 1: Here I would like to clarify that burden to prove aforesaid issueswas lying on the second party. But

from the evidence oral and documentary on record, the second party workmen have miserably failed to prove that they

were working in prohibited category and alsoin direct employment of ONGC Ltd, Mehsana Project from the date of

their engagement because the witnesses examined by the Second Party Union in their statement on oath have confined

their evidence to themselves leaving other workmen who were not examined by the Second Party Union clearly stating

that they were engaged by contractors from time to time. Second, every post in prohibited category and of permanent

nature has some prescribed eligible qualification. Neither of witnesses examined has stated as to what was the eligible

qualification of prohibited category of the post of clerk and as to whether all the workmen involved in this reference

were also having thateligible qualification. Third, it is basic law that post of permanent cadre cannot be filled without

following the due procedure of selection for that post. Fourth, they have not categorially denied that they were not

contractual workmen. Fifth they have admitted that the wages were paid by the contractor and provident fund was also

deposited by the contractor. Sixth, neither of witnesses examined has clarified as to what work they used to do.

Seventh, the reference involves more than sixty workmen and neither of witnesses examined has stated that as to

whether other workmen were having the required eligible qualification of the post of clerk. The post of clerk is in

prohibited category but High Court of Allahabad has stayed the Notification No. 643(E) dt 08.09.1994 related to

prohibited category.

Thus this issue is decided in negative and against the second party workmen.

Issue 2: There are number of decisions of Apex Court as produced by First party which is not rebutted by

second party that any person cannot take advantage of litigious employment. Thus this issue is decided in negative and

against the second party workmen.

It is also noteworthy that none of the workmen were engaged for ministerial work.

Issue 3: In the light of above findings this issue is decided that all these workmen are not entitled to be

regularized as permanent employee of ONGC Ltd, Mehsana Project along with all benefits. However First party shall

consider those workmen who are having eligible qualification for the related post as and when becomes vacant after

following the due procedure of selection for that post including in prohibited category giving them reasonable age

relaxation.

19.

The award is passed accordingly.

P. K. CHATURVEDI, Presiding Officer

5420

THE GAZETTE OF INDIA : DECEMBER 3, 2016/AGRAHAYANA 12, 1938 [PART II—SEC. 3(ii)]

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New Delhi, the 28th November, 2016

S.O. 2323.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 265/2004) 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. ONGC Ltd. and their workman, which was received by the Central Government on 23.11.2016.

[No. L-30011/25/2000-IR (M)]

RAJESH KUMAR, 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 21^st October, 2016

Reference: (CGITA) No. 265/2004

The Group General Manager (P),

ONGC Ltd., KDM Bhawan, Palavasana,

Mehsana

…First Party

V/s

The General Secretary,

Gujarat Mazdoor Panchayat,

Shram Shakti, P.B. No. – 77, Opp. Prabhat Press,

Mirzapur Road, Ahmedabad

…Second Party

For the First Party

Shri K.V. Gadhia, Associates

For the Second Party

Shri P. Chidambaram

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-30011/25/2000-

IR(Misc.) dated 17.02.2000 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 Mazdoor Panchayat stating that Shri Dave A.S. and 15 others (as per list

attached) were deployed by ONGC Ltd., Mehsana, as Telephone Operators, Helpers in prohibited category of

employment vide Notification No. U/23013/4/92-LW dated 08.09.1994 and that the concerned workmen are

entitled to be treated in direct employment in ONGC Ltd, Mehsana Project from the date of their engagement

along with all benefits is legal and justified? If yes, then to what relief the concerned workmen are entitled and

from which date?”

The reference dates back to 17.02.2000.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % fnlEcj 3] 2016@vxzgk;.k 12] 1938

5421

Name of Workmen involved in the reference are as under:

1. Dave A S

2. GosaiKailashgiri n

3. ChauhanDevendra P

4. Chauhan Jagdish K

5. Rabari Manjibhai J

6. Kanubhai M

7. A H Raval

8. Rajeev Darbari

9. Sheth Jayesh

10. Vyas Naresh

11. UpadhyayMayankkumar

12. Makwana Amrutbhai G

13. Makwana Ramesh A

14. Chavda Kaushik H

15. Parmar Amrutlal S

16. Chaudhari Pratapbhai B

The union representing the workmen filed its statement of claims Ex-3 dated 11/07/2000 and stated therein

interalia that the concerned persons have been working as Telephone Operators, Helpers since years on permanent

posts and nature of work performed by them is of perennial in nature and is integral part of the business of the ONGC

LTD. It is further stated that the category of Telephone Operators, Helpers is being prohibited by the Central

Government vide Government order dated 08//09/1994, therefore, they should be treated as permanent workmen of the

ONGC Ltd from their initial date of joining. It has also been stated that the arrangement between the ONGC and

contractors is sham, bogus relying upon the judgment of Hon’ble Supreme Court reported in 1978 II LLJ 397 as well as

another judgment reported in 1997 I CLR 292. The union has therefore prayed for granting permanent status and to

extend all benefits including wages, equivalent to the permanent workmen of the ONGC along with 24% interest on the

arrears of pay. The union has also alternatively prayed that the concerned persons should be treated as permanent

workmen of ONGC Ltd with effect from 08/09/1994 as they have been working as Telephone Operators, Helpers in the

prohibited category since then.

The Union/ second party also at the relevant time moved an application for interim relief vide Exh.-4 in the

matter and interalia prayed for restraining the First party, ONGC Ltd to change or modify the service conditions of the

16 concerned persons in any manner without prior permission of the Hon’ble Tribunal. In the said matter interim relief

was granted on 29/08/2000 and the same was subsequently confirmed by Tribunal vide its order dated 18/11/2002. The

Hon’ble Tribunal directed that the interim relief granted earlier is confirmed till the final disposal of the main reference

case. Hence it will be said that the concerned persons have been continued in employment of First Party ONGC Ltd till

date by virtue of interim order passed by the Tribunal on 29.08.2000.

The First Party ONGC filed its Written Statement dated 18/02/2002 interalia denied all the contentions raised in