611 GI/2017

(639)

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- 7]

ubZ fnYyh] iQjojh 12—iQjojh 18] 2017] 'kfuokj@ ek?k 23—ek?k 29] 1938

No. 7]

NEW DELHI, FEBRUARY 12—FEBRUARY 18, 2017, SATURDAY/ MAGHA 23—MAGHA 29, 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

dk£ed] yksd f'kdk;r rFkk isa'ku ea=kky;

(dk£ed vkSj izf'k{k.k foHkkx)

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 298-—dsUnz ljdkj] 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 ljdkj] x`g foHkkx] paMhx<+ ds fnukad

03-11-2016 ds vkns'k la- 20@03@2012&3 ,pthvkbZ (I) }kjk nh xbZ lgefr ls ,rn~}kjk o"kZ] 2016 iQjojh esa jkT; Hkj esa gq, ¯gld

vkj{k.k vkanksyu ds nkSjku pqYyS;kuk eksM+] jksgrd ij gfj Hkwfe izsl dks vkx yxkus vkSj ywVekj ls lacaf/r Hkkjrh; naM lafgrk 1860

(1860 dk vf/fu;e la- 45) dh /kjk 148] 149] 188] 285] 395] 427] 436] 452] 506 vkSj /kjk 25@54@59 ¹vFkkZr~ l'kL=k

vf/fu;e] 1959 dh /kjk 25 (1959 dk vf/fu;e la- 54)º vkSj lkoZtfud laifÙk uqdlkuh fuokj.k vf/fu;e] 1984 dh /kjk 3

ds varxZr fnukad 25-02-2016 dks iqfyl Fkkuk lkaiyk] ftyk jksgrd esa iathÑr ,iQvkbZvkj la- 84 dh tkap vkSj Åij mfYyf[kr

vijk/ksa ls lacaf/r iz;kl] nq"izsj.k rFkk "kM;a=k ds ekeys ds vUos"k.k ds laca/ esa vkSj blh nkSjku fd, x, fdUgha vU; vijk/ksa vFkok

blh rjg ds rF;ksa ls mn~Hkwr vijk/ksa 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@57@2016&,ohMh&II]

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

640 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

(Department of Personnel and Training)

New Delhi, the 6th February, 2017

S.O. 298.—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, Chandigarh vide Order No. 20/3/2012-3 HGI (I) dated 03.11.2016,

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 FIR No. 84, dated 25.02.2016 under Sections 148, 149, 188, 285, 395, 427,

436, 452, 506 of the Indian Panel Code, 1860 (Act No. 45 of 1860) and Sections 25/54/59 [i.e. Section 25 of the Arms

Act, 1959 (Act No. 54 of 1959)] and Section 3 of Prevention of Damage to Public Property Act, 1984 registered in

Police Station Sampla, District Rohtak pertaining to the offences of arson & loot of Hari Bhomi Press at Chullyana

Mor, Rohtak during the State wide violent reservation agitation that took place in February, 2016 and attempts,

abetments and conspiracies in relation to or in connection with the offences mentioned above and any other offence or

offences committed in course of the same transaction or arising out of the same facts.

[F. No. 228/57/2016-AVD-II]

S. P. R. TRIPATHI, Under Secy.

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 299-—dsUnz ljdkj] 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 ljdkj] x`g foHkkx] paMhx<+ ds fnukad

03-11-2016 ds vkns'k la- 20@03@2012&3 ,pthvkbZ (II) }kjk nh xbZ lgefr ls ,rn~}kjk o"kZ] 2016 iQjojh esa jkT; Hkj esa gq,

¯gld vkj{k.k vkanksyu ds nkSjku fnYyh jksM] jksgrd ij baMl ifCyd Ldwy dks vkx yxkus vkSj ywVekj ls lacaf/r Hkkjrh; naM

lafgrk 1860 (1860 dk vf/fu;e la- 45) dh /kjk 148] 149] 188] 285] 395] 427] 436] 452] 506 ds varxZr fnukad

26-02-2016 dks iqfyl Fkkuk vcZu ,LVsV esa iathÑr ,iQvkbZvkj la- 102 dh tkap vkSj Åij mfYyf[kr vijk/ksa ls lacaf/r iz;kl]

nq"izsj.k rFkk "kM;a=k ds ekeys ds vUos"k.k ds laca/ esa vkSj blh nkSjku fd, x, fdUgha vU; vijk/ksa vFkok blh rjg ds rF;ksa ls mn~Hkwr

vijk/ksa 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@57@2016&,ohMh&II]

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

New Delhi, the 6th February, 2017

S.O. 299.—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, Chandigarh vide Order No. 20/3/2012-3 HGI (II) dated 03.11.2016,

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 FIR No. 102, dated 26.02.2016 under Sections 148, 149, 188, 285, 395, 427,

436, 452, 506 of the Indian Panel Code, 1860 (Act No. 45 of 1860) registered in Police Station Urban Estate pertaining

to the offences of arson & loot in Indus Public School at Delhi Road Rohtak during the State wide violent reservation

agitation that took place in February, 2016 and attempts, abetments and conspiracies in relation to or in connection with

the offences mentioned above and any other offence or offences committed in course of the same transaction or arising

out of the same facts.

[F. No. 228/57/2016-AVD-II]

S. P. R. TRIPATHI, Under Secy.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

641

िव मंालय

िव मंालय

िव मंालय

िव मंालय

(िवीय सेवाएं िवभाग

िवीय सेवाएं िवभाग

िवीय सेवाएं िवभाग

िवीय सेवाएं िवभाग )

नई दली, 30 जनवरी, 2017

dk-vk- 300-—भारतीय टेट बक (समनुषंगी बक) अिधिनयम, 1959 क धारा 25 क उप-धारा (1) के खंड (ख) 'ारा (द)

शि+य, का (योग करते .ए, के01ीय सरकार, एत2ारा, नीचे दी गई सारणी के कालम (2) म3 िविन5द6 7ि+य, के थान पर कालम (3)

म3 िविन5द6 7ि+य, को त9काल (भाव से और अगले आदेश, तक, उ+ सारणी के कालम (1) म3 िविन5द6 बक, म3 िनदेशक के पद पर

नािमत करती हैः-

म

म

म

म

सं.

सं.

सं.

सं.

बक का नाम

बक का नाम

बक का नाम

बक का नाम

वत मान िनदेशक का नाम

वत मान िनदेशक का नाम

वत मान िनदेशक का नाम

वत मान िनदेशक का नाम

तािवत ि का नाम

तािवत ि का नाम

तािवत ि का नाम

तािवत ि का नाम

1.

1.

1.

1.

2.

2.

2.

2.

3.

3.

3.

3.

1.

टेट बक आफ >ावणकोर

डॉ. जे. सदाकदुला

डॉ. जे. सदाकदुला, भूतपूवC Dे>ीय िनदेशक, भारतीय EरजवC

बक, बी-4, EरजवC बक टाफ FाटCस, पीएच रोड, कलपौक,

चेIई-600010

2.

टेट बक आफ मैसूर

Kी मुरली राधाकृMणन

Kी मुरली राधाकृMणन, भूतपूवC Dे>ीय िनदेशक, आरबीआई,

111, वसंत िवहार, 85, नेिपयन सी रोड, मुNबई-400006

[फा.सं. 6/3/2011-बीओ-I]

Oानोतोष राय, अवर सिचव

MINISTRY OF FINANCE

(Department of Financial Services)

New Delhi, the 30th January, 2017

S.O. 300.—In exercise of the powers conferred by clause (b) of the sub-section (1) of Section 25 of The State

Bank of India (Subsidiary Banks) Act, 1959, the Central Government, hereby nominate the person specified in column

(3) of the table below as Director of Banks specified in column (1) thereof in place of the person specified in column

(2) of said Table, with immediate effect and until further orders:-

SI.

No.

Name of the Bank

Name of the Existing Director

Name of the Persons proposed

1

2

3

1.

State

Bank

of

Travancore

Dr. J. Sadakkadulla

Dr. J. Sadakkadulla,

Former Regional Director,

Reserve Bank of India

B 4, Reserve Bank Staff Quarters, PH Road,

Kilpauk, Chennai-600 010.

2.

State

Bank

of

Mysore

Shri Murli Radhakrishnan

Shri Murli Radhakrishnan, Former Regional

Director, RBI, 111, Vasant Vihar, 85,

Napean Sea Road, Mumbai-400 006.

[F. No. 6/3/2011-BO-I]

JNANATOSH ROY, Under Secy.

नई दली, 9 फरवरी, 2017

dk-vk- 301-—भारतीय EरजवC बक अिधिनयम, 1934 (1934 का 2) क धारा 9 क उप-धारा (1) 'ारा (द) शि+य, का

(योग करते .ए, के01ीय सरकार, एत2ारा, डॉ. (सI कुमार मोह0ती को उनक िनयुि+ क अिधसूचना क तारीख से चार वषC क

642 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

अविध के िलए अथवा अगले आदेश, तक, जो भी पहले हो, डॉ. एस. रामच0दर के थान पर भारतीय EरजवC बक के दिDणी थानीय बोडC

म3 अंशकािलक गैर-सरकारी सदय िनयु+ करती है।

[फा.सं. 1/2/2016-बीओ-I]

Oानोतोष राय, अवर सिचव

New Delhi, the 9th February, 2017

S.O. 301.—In exercise of the powers conferred by sub-section (1) of section 9 of the Reserve Bank of India

Act, 1934 (2 of 1934), The Central Government hereby appoints Dr. Prasanna Kumar Mohanty as part-time non official

Member on the Southern Local Board of Reserve Bank of India, for a period of four years from the date of notification

of his appointment or until further orders, whichever is earlier vice Dr. S. Ramachander.

[F.No.1/2/2016-BO-I]

JNANATOSH ROY, Under Secy.

नई दली, 9 फरवरी, 2017

dk-vk- 302-—भारतीय EरजवC बक अिधिनयम, 1934 (1934 का 2) क धारा 9 क उप-धारा (1) 'ारा (द) शि+य, का

(योग करते .ए, के01ीय सरकार, एत2ारा, Kी वलभ Vपचंद भंशाली को उनक िनयुि+ क अिधसूचना क तारीख से चार वषC क

अविध के िलए अथवा अगले आदेश, तक, जो भी पहले हो, (ो. महे01 Wसह सोधा के थान पर भारतीय EरजवC बक के पिXमी थानीय

बोडC म3 अंशकािलक गैर-सरकारी सदय िनयु+ करती है।

[फा.सं. 1/6/2016-बीओ-I]

Oानोतोष राय, अवर सिचव

New Delhi, the 9th February, 2017

S.O. 302.—In exercise of the powers conferred by sub-section (1) of section 9 of the Reserve Bank of India

Act, 1934 (2 of 1934), The Central Government hereby appoints Shri Vallabh Roopchand Bhanshali as part-time non

official Member on the Western Local Board of Reserve Bank of India, for a period of four years from the date of

notification of his appointment or until further orders, whichever is earlier vice Prof. Mahendra Singh Sodha.

[F.No. 1/6/2016-BO-I]

JNANATOSH ROY, Under Secy.

नई दली, 9 फरवरी, 2017

dk-vk- 303-—भारतीय EरजवC बक अिधिनयम, 1934 (1934 का 2) क धारा 8 क उप-धारा (1) के खZड (ग) 'ारा (द)

शि+य, का (योग करते .ए, के01ीय सरकार, एत2ारा, Kी राजीव कुमार (ज0म ितिथ: 06.07.1951) को उनक िनयुि+ क

अिधसूचना क तारीख से चार वषC क अविध के िलए अथवा अगले आदेश, तक, जो भी पहले हो, भारतीय EरजवC बक के के01ीय बोडC म3

अंशकािलक गैर-सरकारी िनदेशक नािमत करती है।

[फा.सं. 1/10/2016-बीओ-I]

Oानोतोष राय, अवर सिचव

New Delhi, the 9th February, 2017

S.O. 303.—In exercise of the powers conferred by clause (c) of the sub-section (1) of Section 8 of the Reserve

Bank of India Act, 1934 (2 of 1934), the Central Government hereby nominates Shri Rajiv Kumar (DOB: 06.07.1951)

as Part Time Non Official Director on the Central Board of Reserve Bank of India for a period of four years from the

date of notification of his appointment, or until further orders, whichever is earlier.

[F.No. 1/10/2016-BO-I]

JNANATOSH ROY, Under Secy.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

643

नई दली, 9 फरवरी, 2017

dk-vk- 304-—भारतीय EरजवC बक अिधिनयम, 1934 (1934 का 2) क धारा 9 क उप-धारा (1) 'ारा (द) शि+य, का

(योग करते .ए, के01ीय सरकार, एत2ारा, Kी सुनील िम>ा को उनक िनयुि+ क अिधसूचना क तारीख से चार वषC क अविध के िलए

अथवा अगले आदेश, तक, जो भी पहले हो, Kी पी. डी. िचतलांिगया के थान पर भारतीय EरजवC बक के पूव_ थानीय बोडC म3

अंशकािलक गैर-सरकारी सदय िनयु+ करती है।

[फा.सं. 1/11/2016-बीओ-I]

Oानोतोष राय, अवर सिचव

New Delhi, the 9th February, 2017

S.O. 304.—In exercise of the powers conferred by sub-section (1) of section 9 of the Reserve Bank of India

Act, 1934 (2 of 1934), The Central Government hereby appoints Shri Sunil Mitra as part-time non official Member on

the Eastern Local Board of Reserve Bank of India, for a period of four years from the date of notification of his

appointment or until further orders, whichever is earlier vice Shri P.D. Chitlangia.

[F.No. 1/11/2016-BO-I]

JNANATOSH ROY, Under Secy.

नई दली, 9 फरवरी, 2017

dk-vk- 305-—भारतीय EरजवC बक अिधिनयम, 1934 (1934 का 2) क धारा 8 क उप-धारा (1) के खZड (ग) 'ारा (द)

शि+य, का (योग करते .ए, के01ीय सरकार, एत2ारा, Kी अशोक गुलाटी (ज0म ितिथ: 11.05.1954) को उनक िनयुि+ क

अिधसूचना क तारीख से चार वषC क अविध के िलए अथवा अगले आदेश, तक, जो भी पहले हो, भारतीय EरजवC बक के के01ीय बोडC म3

अंशकािलक गैर-सरकारी िनदेशक नािमत करती है। उनक िनयुि+ इस शतC के अaयधीन होगी क वे भारतीय EरजवC बक के बोडC म3

शािमल होने से पहले आईडीएफसी बक िल. के बोडC से 9याग-प> द3गे।

[फा.सं. 1/15/2016-बीओ-I]

Oानोतोष राय, अवर सिचव

New Delhi, the 9th February, 2017

S.O. 305.—In exercise of the powers conferred by clause (c) of the sub-section (1) of Section 8 of the Reserve

Bank of India Act, 1934 (2 of 1934), the Central Government hereby nominates Shri Ashok Gulati (DOB: 11.05.1954)

as Part Time Non Official Director on the Central Board of Reserve Bank of India for a period of four years from the

date of notification of his appointment, or until further orders, whichever is earlier subject to the condition that he will

resign from the Board of IDFC Bank Ltd. before joining the Board of Reserve Bank of India.

[F.No. 1/15/2016-BO-I]

JNANATOSH ROY, Under Secy.

नई दली, 9 फरवरी, 2017

dk-vk- 306-—भारतीय EरजवC बक अिधिनयम, 1934 (1934 का 2) क धारा 8 क उप-धारा (1) के खZड (ग) 'ारा (द)

शि+य, का (योग करते .ए, के01ीय सरकार, एत2ारा, Kी मनीष सभरवाल (ज0म ितिथ: 29.12.1969) को उनक िनयुि+ क

अिधसूचना क तारीख से चार वषC क अविध के िलए अथवा अगले आदेश, तक, जो भी पहले हो, भारतीय EरजवC बक के के01ीय बोडC म3

अंशकािलक गैर-सरकारी िनदेशक नािमत करती है।

[फा.सं. 1/16/2016-बीओ-I]

Oानोतोष राय, अवर सिचव

644 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

New Delhi, the 9th February, 2017

S.O. 306.—In exercise of the powers conferred by clause (c) of the sub-section (1) of Section 8 of the Reserve

Bank of India Act, 1934 (2 of 1934), the Central Government hereby nominates Shri Manish Sabharwal (DOB:

29.12.1969) as Part Time Non Official Director on the Central Board of Reserve Bank of India for a period of four

years from the date of notification of his appointment, or until further orders, whichever is earlier.

[F.No. 1/16/2016-BO-I]

JNANATOSH ROY, Under Secy.

नई दली, 16 फरवरी, 2017

dk-vk- 307-—जीवन बीमा िनगम अिधिनयम, 1956 (1956 का 31) क धारा 4 'ारा (द) शि+य, का (योग करते .ए,

के01ीय सरकार, एत2ारा, Kी हेम0त भागCव, (बंध िनदेशक (एमडी), भारतीय जीवन बीमा िनगम (एलआईसी) को 10 फरवरी, 2017

के अपराbन से उनक अिधवcषता क तारीख (31.07.2019) तक अथवा अगले आदेश, तक, जो भी पहले हो, उ+ िनगम का सदय

िनयु+ करती है।

[फा.सं. ए-15011/01/2014-बीमा-I]

एस. के. मोह0ती, अवर सिचव

New Delhi, the 16th February, 2017

S.O. 307.—In exercise of the powers conferred by section 4 of the Life Insurance Corporation Act, 1956 (31

of 1956), the Central Government hereby appoints Shri Hemant Bhargava, Managing Director (MD), Life Insurance

Corporation of India (LIC) as a Member of the said Corporation with effect from the afternoon of 10th February, 2017

up to the date of his superannuation (31.07.2019), or until further orders, whichever is earlier.

[F. No. A-15011/01/2014-Ins.I]

S. K. MOHANTY, Under Secy.

fons'k ea=kky;

(lh-ih-oh- izHkkx)

ubZ fnYyh] 8 iQjojh] 2017

dk-vk- 308-—jktuf;d vkSj dksalqyh; vf/dkjh ('kiFk ,oa iQhl) ds vf/fu;e] 1948 (1948 dk 41) dh /kjk 2 ds

[akM (d) ds vuqlj.k esa oSèkkfud vkns'k A

,rn~}kjk] dsaæ ljdkj Hkkjr ds nwrkokl] tkxzsc esa Jh dqynhi efyd] lgk;d vuqHkkx vf/dkjh dks fnukad 8 iQjojh] 2017

ls lgk;d dksalqyj vf/dkjh ds rkSj ij dksalqyj lsokvksa ds fuoZgu ds fy, izkfèkd`r djrh gS A

¹la- Vh&4330@02@2017º

izdk'k pUn] mi lfpo (dksalqyj)

MINISTRY OF EXTERNAL AFFAIRS

(CPV DIVISION)

New Delhi, the 8th February, 2017

S.O. 308.—Statutory Order in pursuance of clause (a) of the Section 2 of the Diplomatic and Consular

Officers (Oaths and Fees) Act, 1948 (41 of 1948), the Central Government hereby appoints Shri Kuldeep Malik,

Assistant Section Officer as Assistant Consular Officer in the Embassy of India, Zagreb to perform the Consular

services with effect from 8th February, 2017.

[No. T-4330/02/2017]

PRAKASH CHAND, Dy. Secy. (Consular)

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

645

नागर िवमानन मंालय

नागर िवमानन मंालय

नागर िवमानन मंालय

नागर िवमानन मंालय

नई दली, 3 जनवरी, 2017

dk-vk- 309-—भारतीय िवमानप)न (ािधकरण अिधिनयम, 1994 (1994 क संdया 55) क धारा 3, 'ारा (द) शि+य,

का (योग करते .ए, के01ीय सरकार एत2ारा Kी इं1ाकांित नरिसNहा मूcत, कायCपालक िनदेशक, भारतीय िवमानप)न (ािधकरण को

सदय (संचालन), भारतीय िवमानप)न (ािधकरण के पद पर अनुसूची ‘ए’ तर के वेतनमान eपए 75000-100000/- म3 दनांक

23 नवNबर, 2016 के पूवाCbन से पांच वषC क अविध तक या उनक सेवािनवृि) क तारीख तक, या आगले आदेश तक, जो भी पहले

लागू हो, िनयु+ करती है।

[फा. सं. एवी-24011/8/2016-एएआई-एमओसीए]

पी. जे. थॉमस, अवर सिचव

MINISTRY OF CIVIL AVIATION

New Delhi, the 3rd January, 2017

S.O. 309.—In exercise of the powers conferred by Section 3 of the Airports Authority of India Act, 1994

(No.55 of 1994), the Central Government hereby appoint Shri Indrakanti Narasimha Murthy, Executive Director, AAI

as Member (Operations), Airports Authority of India in Schedule ‘A’ scale of pay of Rs.75000-100000/- with effect

from forenoon of 23rd November, 2016 for a period of five years or till the date of his superannuation or until further

orders, whichever is the earliest.

[F. No. AV-24011/8/2016-AAI-MOCA]

P. J. THOMAS, Under Secy.

कोयला मंालय

कोयला मंालय

कोयला मंालय

कोयला मंालय

नई दली, 14 फरवरी, 2017

का.आ.

का.आ.

का.आ.

का.आ. 310

310

310

310.—के01ीय सरकार को यह (तीत होता है क इसके उपाबf अनुसूची म3 वcणत पEरDे> क भूिम म3 से कोयला

अिभ(ाg होने क संभावना है ;

और उ+ अनुसूची म3 वcणत भूिम के Dे> म3 अंतcव6 करने वाला रेखांक संdयांक आर.ई.वी./15/16, तारीख 14 दसNबर, 2016

का िनरीDण स3iल कोलफjस िलिमटेड (भूिम और राजव िवभाग), दरभंगा हाउस, राँची – 834029 (झारखZड) के कायाCलय म3 या

महा(बंधक, स3iल कोलफjस िलिमटेड, मगध और आlपाली Dे>, िजला चतरा और लातेहार (झारखंड) के कायाCलय म3 या उपायु+,

िजला चतरा और लातेहार, झारखZड या महा(बंधक (खोज (भाग), आर.आई.-III, के01ीय खान योजना और िडजाईन संथान िलिमटेड,

ग,डवाना पैलेस, कांके रोड, राँची (झारखंड) के कायाCलय म3 या कोयला िनयं>क, 1, काउंिसल हाउस iीट, कोलकाता- 700001 के

कायाCलय म3 कया जा सकता है;

अतः, अब, के01ीय सरकार, कोयला धारक Dे> (अजCन और िवकास) अिधिनयम,1957 (1957 का 20) (िजसे इसम3 इसके पXात

उ+ अिधिनयम कहा गया है) क धारा 4 क उप-धारा (1) 'ारा (द) शि+य, का (योग करते .ए, उ+ अनुसूची म3 वcणत भूिम म3

कोयले का पूवnDण करने के अपने आशय क नोEटस देती है ।

उ+ अनुसूची म3 वcणत भूिम म3 िहतबf कोई 7ि+ –

(i)

संपूणC भूिम या उसके कसी भाग या ऐसी भूिम म3 या उसके ऊपर कसी अिधकार के अजCन पर आDेप कर सकेगा; या

(ii)

उ+ अिधिनयम क धारा 4 क उप-धारा (3) के अधीन क गई कारCवाई से .ई Dित या संभािवत Dित अिधिनयम क

धारा 6 के अधीन कसी नुकसानी के िलए (ितकर का दावा कर सकेगा; या

(iii)

उ+ अिधिनयम क धारा 13 क उप - धारा (1) के अधीन समाg हो गई पूवnDण अनुOिgय, के संबंध म3 या उ+

अिधिनयम क धारा 13 क उप- धारा (4) के अधीन समाg हो गये खनन पqे के िलए (ितकर का दावा कर सकेगा और

646 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

उ+ अिधिनयम क धारा 13 क उप-धारा (1) के खंड (i) से खंड (iv) म3 िविन5द6 मद, के संबंध म3 उपगत 7य को

उपदcशत करने के िलए उ+ भूिम से संबंिधत सभी मानिच>,, चाटr और अ0य दतावेज, को सुपुदC करेगा,

इस अिधसूचना के राजप> म3 (काशन क तारीख से नsबे दन, के भीतर महा(बंधक, स3iल कोलफjस िलिमटेड, मगध और

आlपाली Dे>, िजला चतरा और लातेहार ( झारखंड ) या महा(बंधक, स3iल कोल फjस िलिमटेड, भूिम और राजव िवभाग,

दरभंगा हाउस, राँची – 834029 (झारखZड) को सुपुदC करेगा ।

अनुसूची

अनुसूची

अनुसूची

अनुसूची

संघिम>ा िववृत पEरयोजना

िजला चतरा और लातेहार (झारखंड)

(रेखांक संdयांक आरईवी /15/16, तारीख 14 दसNबर,2016)

sलॉक-क

uम

सं.

vाम

थाना

संdया

थाना

िजला

Dे>

Eटwपणयाँ

एकड़ म3

हेyटेयर म3

1.

मनातु

50

बालुमाथ

लातेहार

14.00

5.665

भाग

2.

बनवार

57

बालुमाथ

लातेहार

298.87

120.951

भाग

3.

बनालात

49

बालुमाथ

लातेहार

131.98

53.411

भाग

4.

चरा

54

बालुमाथ

लातेहार

95.03

38.458

भाग

5.

कुरल,गा

26

टंडवा

चतरा

329.96

133.532

भाग

कुल:

869.84

352.017

sलॉक- ख

6.

कुंडी

27

टंडवा

चतरा

49.30

19.951

भाग

7.

सराधु

29

टंडवा

चतरा

120.55

48.786

भाग

कुल:

169.85

68.737

sलॉक-ग

8

सराधु

29

टंडवा

चतरा

321.73

130.202

भाग

कुल:

321.73

130.202

sलॉक-घ

9.

कुरल,गा

26

टंडवा

चतरा

5.35

2.165

भाग

10.

सराधु

29

टंडवा

चतरा

98.95

40.045

भाग

11.

हेचबिलया

30

टंडवा

चतरा

41.99

16.993

भाग

कुल:

146.29

59.203

sलॉक-ड.

12.

होनहे

50

टंडवा

चतरा

49.95

20.214

भाग

कुल:

49.95

20.214

sलॉक: क + ख + ग + घ + ड. :

1557.66

एकड़

(लगभग)

630.373

हेyटेयर

(लगभग)

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

647

सीमा वण न:

सीमा वण न:

सीमा वण न:

सीमा वण न:

लॉक

लॉक

लॉक

लॉक-क

क-ख-ग

रेखा, िब0दु ‘क’ से आरंभ होती है और vाम मनातु, बनवार, चारा से गुजरती है और िब0दु ‘ग’ पर िमलती है ।

ग-घ-ड.-च-क

रेखा, िब0दु vाम चारा, बनालात, कुरल,गा, मनातु के भाग से आरंिभक िब0दु ‘क’ पर िमलती है ।

लॉक

लॉक

लॉक

लॉक –ख

छ-ज-झ-छ

रेखा, िब0दु ‘छ’ से आरंभ होती है और vाम कुरल,गा, कुंडी, सराधु भाग से गुजरती है और आरंिभक िब0दु ‘छ’ पर

िमलती है ।

लॉक

लॉक

लॉक

लॉक-ग

ञ –ट-ठ

रेखा, िब0दु ‘ञ’ से आरंभ होती है और vाम सराधु के भाग से गुजरती .ई और िब0दु ‘ठ’ पर िमलती है ।

ठ-ड-ञ

रेखा, vाम सराधु के भाग से गुजरती .ई और िब0दु ‘ञ’ पर िमलती है ।

लॉक

लॉक

लॉक

लॉक- घ

ढ-ण-त

रेखा, िब0दु ‘ढ’ से आरंभ होती है और vाम कुरल,गा सराधु के भाग से गुजरती .ई और िब0दु ‘त’ पर िमलती है ।

त-थ-ढ

रेखा, िब0दु vाम सराधु हेचाबिलया के भाग से और दुमुहानी रेखा से गुजरती .ई vाम कोयेद बरकुहे, कुरल,गा के

भाग से होकर और आरंिभक िब0दु ‘ढ’ पर िमलती है ।

लॉक

लॉक

लॉक

लॉक-ड.

ड.

ड.

ड.

द-ध-न

रेखा, िब0दु ‘द’ से आरंभ होती है और vाम नौिडहा, कोयेद, हो0हे से गुजरती .ई और आरंिभक िब0दु ‘द’ पर

िमलती है ।

[फा.सं. 43015/3/2017-एलए एZड आईआर]

सुजीत कुमार, अवर सिचव

MINISTRY OF COAL

New Delhi, the 14th February, 2017

S.O. 310.—Whereas, it appears to the Central Government that coal is likely to be obtained from the land in the

locality described in the Schedule annexed hereto;

And, whereas, the plan bearing number Rev/15/16, dated the 14th December, 2016 containing details of the areas

of land described in the said Schedule may be inspected at the office of the Central Coalfields Limited (Land and

Revenue Department), Darbhanga House, Ranchi- 834029 (Jharkhand) or at the office of the General Manager, Central

Coalfields Limited, Magadh and Amrapali Area, District -Chatra and Latehar (Jharkhand), Deputy Commissioner,

District- Chatra and Latehar, Jharkhand or at the office of the General Manager (Exploration Division), RI- III, Central

Mine Planning and Design Institute Limited, Gondwana Palace, Kanke Road, Ranchi (Jharkhand) or at the office of the

Coal Controller, 1, Council House Street, Kolkata- 700 001;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 4 of the Coal Bearing Areas

(Acquisition and Development) Act, 1957 (20 of 1957), (hereinafter referred to as the said Act), the Central

Government hereby gives notice of its intention to prospect for coal in land described in the aforesaid Schedule.

Any person interested in the land described in the above mentioned Schedule may —

(i)

object to the acquisition of the whole or any part of the land or of any rights in or over the said land; or

(ii)

claim compensation under section 6 of the said Act for any damage caused or likely to be caused by any

action taken under sub-section (3) of section 4 thereof ; or

(iii) claim compensation under sub-section (1) of section 13 of the said Act in respect of prospecting license

ceasing to have effect or under sub-section (4) of section 13 of the said Act for mining lease ceasing to

have effect and deliver all maps, charts and other documents relating to the aforesaid land to show the

expenditure incurred in respect of items specified in clauses (i) to (iv) of sub-section (1) of section 13 of the

said Act,

to the office of the General Manager, Central Coalfields Limited, Magadh and Amrapali Area, District Chatra

and Latehar (Jharkhand) or General Manager, Central Coalfields Limited, Land and Revenue Department, Darbhanga

House, Ranchi- 834029 (Jharkhand) within a period of ninety days from the date of publication of this notification.

648 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

SCHEDULE

Sanghmitra Opencast Project

District- Chatra and Latehar, Jharkhand

(Plan bearing number REV/15/16, dated the 14th December,2016)

Block- A

SL.

Number

Village

Thana

number

Thana

District

Area

Remarks

In

acres

In

hectares

1.

Manatu

50

Balumath

Latehar

14.00

5.665

Part

2.

Banwar

57

Balumath

Latehar

298.87

120.951

Part

3.

Banalat

49

Balumath

Latehar

131.98

53.411

Part

4.

Charra

54

Balumath

Latehar

95.03

38.458

Part

5.

Kurlounga

26

Tandwa

Chatra

329.96

133.532

Part

Total:

869.84

352.017

Block-B

6.

Kundi

27

Tandwa

Chatra

49.30

19.951

Part

7.

Saradhu

29

Tandwa

Chatra

120.55

48.786

Part

Total:

169.85

68.737

Block-C

8.

Saradhu

29

Tandwa

Chatra

321.73

130.202

Part

Total:

321.73

`130.202

Block-D

9.

Kurlonga

26

Tandwa

Chatra

5.35

2.165

Part

10.

Saradhu

29

Tandwa

Chatra

98.95

40.045

Part

11.

Heckbalia

30

Tandwa

Chatra

41.99

16.993

Part

Total:

146.29

59.203

Block-E

12.

Honhe

50

Tandwa

Chatra

49.95

20.214

Part

Total:

49.95

20.214

Block : A+B+C+D+E :

1557.66

acres

(approxi-

mately)

630.373

hectares

(approxi-

mately)

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

649

Boundary Description :

Block- A

A-B-C

-

Line starts from point ‘A’ passes through part village of Manatu, Banwar, Chara and meets

at point ‘C’.

C-D-E-F-A

-

Line passes through part village of Charra, Banalat, Kurlounga, Manatu and meets at

starting point ‘A’.

Block- B

G-H-I-G

-

Line starts from point ‘G’ passes through part village of Kurlounga , Kundi Saradhu,

Kurlaunga and meets at starting point ‘G’.

Block –C

J-K-L

-

Line starts from point ‘J’ passes through part village of Saradhu and meets at starting point

‘L’.

L-M-J

-

Line passes through part village of Saradhu and meets at point ‘J’.

Block-D

N-O-P

-

Line starts from point ‘N’ passes through part village of Kurlounga, Saradhu and meets at

point ‘P’.

P-Q-N

-

Line passes through part village of Saradhu Hechabalia, Centre line of Domuhani Nadi and

part village of Koed Bar kute , Kurlounga and meets at starting point ‘N’.

Block –E

R-S-T

-

Line start from point ‘R’ passes through part village of Naudiha, Koed, Honhe, and meets at

starting point ‘R’.

[F.No. 43015/3/2017-LA&IR]

SUJEET KUMAR, Under Secy.

नई दली, 14 फरवरी, 2017

का.आ.

का.आ.

का.आ.

का.आ. 311

311

311

311.—के01ीय सरकार को यह (तीत होता है क इसके उपाबf अनुसूची म3 वcणत पEरDे> क भूिम म3 से कोयला

अिभ(ाg होने क संभावना है;

और उ+ अनुसूची म3 वcणत भूिम के Dे> म3 अंतcव6 करने वाला रेखांक संdयांक आर.ई.वी./13/2016, तारीख 3 दसNबर, 2016

का िनरीDण स3iल कोलफjस िलिमटेड (भूिम और राजव िवभाग), दरभंगा हाउस, राँची – 834029 (झारखZड) के कायाCलय म3 या

महा(बंधक, स3iल कोलफjस िलिमटेड, अरगडा Dे>, िजला हजारीबाग (झारखंड) के कायाCलय म3 या उपायु+, िजला हजारीबाग

(झारखZड) के कायाCलय म3 या महा(बंधक (खोज (भाग), आर.आई.-III, के01ीय खान योजना और िडजाईन संथान िलिमटेड, ग,डवाना

पैलेस, कांके रोड, राँची (झारखंड) के कायाCलय म3 या कोयला िनयं>क, 1, काउंिसल हाउस iीट, कोलकाता- 700001 के कायाCलय म3

कया जा सकता है;

अतः, अब, के01ीय सरकार, कोयला धारक Dे> (अजCन और िवकास) अिधिनयम,1957 (1957 का 20) (िजसे इसम3 इसके पXात

उ+ अिधिनयम कहा गया है) क धारा 4 क उप-धारा (1) 'ारा (द) शि+य, का (योग करते .ए, उ+ अनुसूची म3 वcणत भूिम म3

कोयले का पूवnDण करने के अपने आशय क सूचना देती है ।

उ+ अनुसूची म3 वcणत भूिम म3 िहतबf कोई 7ि+ –

(i)

संपूणC भूिम या उसके कसी भाग या ऐसी भूिम म3 या उसके ऊपर कसी अिधकार के अजCन पर आDेप कर सकेगा; और

650 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

(ii)

उ+ अिधिनयम क धारा 4 क उप-धारा (3) के अधीन क गई कारCवाई से .ई Dित

या संभािवत Dित अिधिनयम क

धारा 6 के अधीन कसी नुकसानी के िलए (ितकर का दावा कर सकेगा; और

(iii)

उ+ अिधिनयम क धारा 13 क उप - धारा (1) के अधीन समाg हो गई पूवnDण अनुOिgय, के संबंध म3 या उ+

अिधिनयम क धारा 13 क उप- धारा (4) के अधीन समाg हो गये खनन पqे के िलए (ितकर का दावा कर सकेगा और

उ+ अिधिनयम क धारा 13 क उप-धारा (1) के खंड (i) से खंड (iv) म3 िविन5द6 मद, के संबंध म3 उपगत 7य को

उपदcशत करने के िलए उ+ भूिम से संबंिधत सभी मानिच>,, सारिणय, और अ0य दतावेज, को सुपुदC करेगा,

इस अिधसूचना के राजप> म3 (काशन क तारीख से नsबे दन, के भीतर महा(बंधक, स3iल कोलफjस िलिमटेड, अरगडा

Dे>, िजला हजारीबाग ( झारखंड ) या महा(बंधक, स3iल कोलफjस िलिमटेड, (भूिम और राजव िवभाग), दरभंगा हाउस, राँची –

834029 (झारखZड) को सुपुदC करेगा ।

अनुसूची

अनुसूची

अनुसूची

अनुसूची

चानो Eरकबा िववृत पEरयोजना

िजला हजारीबाग, झारखंड

(रेखांक संdयांक आरईवी /13/2016, तारीख 3 दसNबर,2016 )

u.सं.

vाम

थाना

थाना

संdया

िजला

Dे>

(एकड़ म3)

Dे>

(हेyटेयर

म3 )

Eटwपिणयां

1.

खिपया

मांडू

29

हजारीबाग

615.32

249.02

भाग

2.

कुरा

मांडू

30

हजारीबाग

628.24

254.24

भाग

3.

Eरकबा

मांडू

31

हजारीबाग

433.85

175.58

भाग

4.

कनक

मांडू

47

हजारीबाग

50.19

20.31

भाग

कुल: 1727.60

एकड़

(लगभग)

699.15

हेyटेयर

(लगभग)

सीमा

सीमा

सीमा

सीमा - वण न:

वण न:

वण न:

वण न:

क-ख-ग-घ

रेखा, िब0दु ‘क’ से आरंभ होती है और vाम कुरा, Eरकबा, खिपया तथा कनक के भाग से गुजरते .ए और िब0दु ‘घ’

पर िमलती है ।

घ-ड.-च

रेखा, vाम कनक तथा खिपया के भाग से गुजरते .ए और िब0दु ‘च’ पर िमलती है ।

च-छ-ज-झ

रेखा, vाम खिपया कुरा तथा Eरकबा के भाग से गुजरते .ए और िब0दु ‘झ’ पर िमलती है ।

झ- क

रेखा, vाम खिपया तथा कुरा के भाग से गुजरते .ए और (ारंिभक िब0दु ‘क’ पर िमलती है ।

[फा.सं. 43015/4/2017-एलए एZड आईआर]

सुजीत कुमार, अवर सिचव

New Delhi, the 14th February, 2017

S.O. 311.—Whereas, it appears to the Central Government that coal is likely to be obtained from the land in the

locality described in the Schedule annexed hereto;

And, whereas, the plan bearing number Rev/13/2016, dated the 3rd December, 2016 containing details of the

areas of land described in the said Schedule may be inspected at the office of the Central Coalfields Limited (Land and

Revenue Department), Darbhanga House, Ranchi- 834029 (Jharkhand) or at the office of the General Manager, Central

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

651

Coalfields Limited, Argada Area, District Hazaribagh (Jharkhand), or Deputy commissioner, District Hazaribagh,

(Jharkhand ), or at the office of the General Manager (Exploration Division), RI- III, Central Mine Planning and

Design Institute Limited, Gondwana Palace, Kanke Road, Ranchi (Jharkhand) or at the office of the Coal Controller, 1,

Council House Street, Kolkata- 700 001;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 4 of the Coal Bearing Areas

(Acquisition and Development), Act, 1957 (20 of 1957), hereinafter referred to as the said Act, the Central Government

hereby gives notice of its intention to prospect for coal in land described in the said Schedule.

Any person interested in the land described in the above mentioned Schedule may —

(i)

object to the acquisition of the whole or any part of the land, or of any rights in or over such land; or

(ii)

claim compensation under section 6 of the said Act for any damage caused or likely to be caused by any

action taken under sub-section (3) of section 4 of the said Act; or

(iii) claim compensation under sub-section (1) of section 13 of the said Act in respect of prospecting license

ceasing to have effect or under sub-section (4) of section 13 of the said Act for mining lease ceasing to

have effect and deliver all maps, charts and other documents relating to the aforesaid land to show the

expenditure incurred in respect of items specified in clauses (i) to (iv) of sub-section (1) of section 13 of the

said Act,

to the office of the General Manager, Central Coalfields Limited, Argada Area, District Hazaribagh (Jharkhand)

or General Manager, Central Coalfields Limited (Land and Revenue Department), Darbhanga House, Ranchi - 834029

(Jharkhand) within a period of ninety days from the date of publication of this notification.

SCHEDULE

Chano Rikba Opencast Project

District – Hazaribagh, Jharkhand

(Plan bearing number Rev/13/2016, dated the 3rd December, 2016)

Boundary Description:

[F.No. 43015/4/2017-LA&IR]

SUJEET KUMAR, Under Secy.

Sl.

No.

Village

Thana

Thana

number

District

Area

(In acres)

Area

(in

hectares)

Rema

rks

1.

Khapia

Mandu

29

Hazaribagh

615.32

249.02

Part

2.

Kura

Mandu

30

Hazaribagh

628.24

254.24

Part

3.

Rikba

Mandu

31

Hazaribagh

433.85

175.58

Part

4.

Kanki

Mandu

47

Hazaribagh

50.19

20.31

Part

Total:

1727.60

acres

(approxi-

mately)

699.15

hectares

(approxi-

mately)

A-B-C-D

-

Line starts from point ‘A’ passes through part of the village Kura, Rikba, Khapia and

Kanki and meets at point ‘D’.

D-E-F

-

Line passes through part of village Kanki, Khapia and meets at point ‘F’.

F-G-H-I

-

Line passes through part of village Khapia, Kura, Rikba and meets at point ‘I’.

I-A

-

Line passes through part of village Khapia, Kura and meets at starting point ‘A’.

652 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

lapkj ea=kky;

(nwjlapkj foHkkx)

ubZ fnYyh] 8 iQjojh] 2017

dk-vk- 312-—dsUnzh; ljdkj] jktHkk"kk (la?k ds 'kkldh; iz;kstuksa ds fy, iz;ksx) fu;ekoyh] 1976 (;Fkk la'kksf/r] 1987] 2007

rFkk 2011) ds fu;e 10 (4) ds vuqlj.k esa] egkuxj VsfyiQksu fuxe fyfeVsM] eqacbZ] ftlesa 80 izfr'kr ls vf/d deZpkfj;ksa us ¯gnh dk

dk;Zlk/d Kku izkIr dj fy;k gS] dks ,rn~}kjk vfèklwfpr djrh gS %&

2- ;g vf/lwpuk Hkkjr ds jkti=k esa izdk'ku dh rkjh[k ls ykxw gksxh

¹la- bZ&11016@01@@2016& jktHkk"kkº

lq/s'k dqekj 'kkgh] mi egkfuns'kd (leUo; ,oa iz'kklu)

MINISTRY OF COMMUNICATIONS

(Department of Telecommunications)

New Delhi, the 8th February, 2017

S.O. 312.—In pursuance of Rule 10(4) of the Official Languages (Use for Official Purposes of the Union) Rules,

1976 (as amended in 1987, 2007 and 2011), the Central Government hereby notifies the Mahanagar Telephone Nigam

Limited, Mumbai, where more than 80% of staff have acquired the working knowledge of Hindi :

2. This notification shall come into force from the date of its publication in the Official Gazette of India.

[No. E-11016/01/2016-O.L.]

S. K. SHAHI, Dy. Director General (C&A)

Je ,oa jkstxkj ea=kky;

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 313-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ

Hkkjrh; thou chek fuxe 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 03@2008) dks çdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 30-01-2017 dks çkIr gqvk FkkA

¹la- ,y&17012@65@2007&vkbZvkj (,e)º

jkts'k dqekj] voj lfpo

MINISTRY OF LABOUR AND EMPLOYMENT

New Delhi, the 6th February, 2017

S.O. 313.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 03/2008) 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. Life Insurance Corporation of India and their workman, which was received by the Central

Government on 30.01.2017.

[No. L-17012/65/2007-IR (M)]

RAJESH KUMAR, Under Secy.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

653

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 10th January, 2017

Reference: (CGITA) No. 03/2008

The Sr. Divisional Manager,

LIC of India,

Divisional Office,

Jeevan Prakash, Tilak Road,

Ahmedabad (Gujarat)

…First Party

V/s

Shri Rajesh K. Datania,

C/o Lsuryoday Labour Union,

Opp. Rangila Chowky, Shahpur,

Ahmedabad(Gujarat)

…Second Party

For the First Party

:

Shri K.V. Gadhia

For the Second Party

:

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-17012/65/2007-

IR(M) dated 04.01.2008 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect

of the matter specified in the Schedule:

SCHEDULE

“Whether the termination of Sh. Rajesh K. Datania w.e.f. 05.05.2006 without paying termination benefit is just

and legal? If not, what relief the workman is entitled to?”

1.

The reference dates back to 04.01.2008. Both the parties were served vide notice Ex. 2 to appear on 28.05.2008.

Acknowledgements of the notices Ex. 3 and 4 were received. The second party submitted the statement of claim Ex. 5

on 26.11.2009 and the first party submitted the written statement Ex. 8 on 05.08.2010. Since then the second party has

been absent to lead evidence, therefore, on 04.03.2011, fresh notice was issued to both the parties to appear on

19.05.2011 but to no result.

2.

Thus it appears that the second party workman is not willing to prosecute the case.

3.

Therefore, the reference is disposed of with the observation as under: “the termination of Sh. Rajesh K. Datania

w.e.f. 05.05.2006 without paying termination benefit is just and legal.”

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 314-—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 38@2010) dks çdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 30-01-2017 dks çkIr gqvk FkkA

¹la- ,y&30012@3@2009&vkbZvkj (,e)º

jkts'k dqekj] voj lfpo

654 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

New Delhi, the 6th February, 2017

S.O. 314.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 38/2010) 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 other and their workman, which was received by the Central Government on

30.01.2017.

[No. L-30012/3/2009-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 9th January, 2017

Reference: (CGITA) No. 38/2010

1.

The Asset Manager,

ONGC Ltd., Ankleshwar Asset,

Ankleshwar (Gujarat)

2.

M/s Nirmal Construction,

17, Vaishali Society,

Ankleshwar (Gujarat)

…First Party

V/s

Shri/Smt.BahttubenBalmikBagh,

At.Chauta Bazar, Bhatwad,

Ankleshwar,

Bharuch (Gujarat)

…Second Party

For the First Party

:

Shri K.V. Gadhia

For the Second Party

:

Shri/Smt. C.B. Godigajbar

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-30012/3/2009-

IR(M) dated 02.02.2010 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 M/s Nirmal Construction, Ankleshwar, Contractor of ONGC Ltd.,

Ankleshwar in terminating the services of Smt. BahttubenBalmikBagaw.e.f. 02.03.2009 is legal, proper and

just? To what relief the concerned workman is entitled?”

1.

The reference dates back to 02.02.2010. The second party submitted the vakalatpatra Ex. 4 and statement of

claim Ex. 5 on 06.07.2010 along with list of documents Ex. 9 in the Industrial Tribunal, Ahmedabad but no document

was annexed with the list. On transfer of the reference to this tribunal on 05.10.2011, the second party submitted the

affidavit on 24.11.2011 in pursuance to the notice issued to the party to appear.

1.

Shri K.V. Gadhia Associates submitted the vakalatpra Ex. 10 on 03.12.2013 and written statement Ex. 11 on

24.04.2014 in this tribunal. Since then the second party has not been appearing to lead evidence.Thus it appears that the

second party is not willing to prosecute the case.

2.

Therefore, the reference is disposed of in the absence of the statement of claim and evidence with the observation

as under: “the action of the management of M/s Nirmal Construction, Ankleshwar, Contractor of ONGC Ltd.,

Ankleshwar in terminating the services of Smt. BahttubenBalmikBagaw.e.f. 02.03.2009 is legal, proper and just.”

P. K. CHATURVEDI, Presiding Officer

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

655

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 315-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ

,;jiksVZ vFkkWfjVh vkWiQ bafM;k ,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 48@2010) dks çdkf'kr djrh gS]

tks dsUnzh; ljdkj dks 30-01-2017 dks çkIr gqvk FkkA

¹la- ,y&11011@5@2009&vkbZvkj (,e)º

jkts'k dqekj] voj lfpo

New Delhi, the 6th February, 2017

S.O. 315.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 48/2010) 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. Airport Authority of India and other and their workman, which was received by the Central

Government on 30.01.2017.

[No. L-11011/5/2009-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 9th January, 2017

Reference: (CGITA) No. 48/2010

1. The Airport Director,

Airport Authority of India,

S.V. Patel International Airport,

Ahmedabad (Gujarat) – 380003

2. The Regional Manager,

M/s Akbar Travels of India,

101, Crystal Arcade, Opp. Telephone Exchange Office,

C.G. Road, Ahmedabad (Gujarat)

3. M/s Akbar Travels of India Car Rental Service,

101, Crystal Arcade, Opp. Telephone Exchange Office,

C.G. Road, Ahmedabad (Gujarat)

4. M/s Benzy Enterprises,

101, Crystal Arcade, Opp. Telephone Exchange Office,

C.G. Road, Ahmedabad (Gujarat)

5. M/s Geoman,

Room No. 4, Ramji Mandir, Hasol, Sardarnagar,

Ahmedabad (Gujarat)

…First Party

V/s

The General Secretary,

Gujarat Kamdar Mandal, 402/403,

Shilp II, Nr. Sales India, Income Tax, Ashram Road,

Ahmedabad (Gujarat)

…Second Party

For the First Party No. 3& 4

:

Shri P.M. Thakkar Associates

656 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

For the First Party No.

:

Shri D.C. Gandhi Associates

For the Second Party

:

None

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-11011/5/2009-

IR(M) dated 18.03.2010 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 Kamdar Mandal Union for reinstatement of 58 Taxi Drivers w.e.f. 08.07.2008

(as per list enclosed) whose services have been terminated by M/s Akbar Travels of (I) Ltd., M/s Akbar Travels

of India Car Rental Service and its sister concern, M/s Benzy Enterprises and M/s Geoman is valid, reasonable

and just? If so, what relief the workmen are entitled to and from which date?”

1.

The reference dates back to 18.03.2010. Both the parties submitted their vakalatpatra Ex. 6 and 7 on 27.07.2010

and 01.10.2010 respectively. Since then the second party has not submitted the statement of claim despite giving dozen

of opportunities and also last opportunity on 17.10.2010. Thus it appears that the second party is not willing to

prosecute the case.

2.

Therefore, the reference is disposed of in the absence of the statement of claim and evidence with the observation

as under: “the demand of Gujarat Kamdar Mandal Union for reinstatement of 58 Taxi Drivers w.e.f. 08.07.2008 (as per

list enclosed) whose services have been terminated by M/s Akbar Travels of (I) Ltd., M/s Akbar Travels of India Car

Rental Service and its sister concern, M/s Benzy Enterprises and M/s Geoman is not legal, reasonable and just.”

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 316-—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 75@2012) dks çdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 30-01-2017 dks çkIr gqvk FkkA

¹la- ,y&30011@26@2011&vkbZvkj (,e)º

jkts'k dqekj] voj lfpo

New Delhi, the 6th February, 2017

S.O. 316.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 75/2012) of the Central Government Industrial Tribunal/Labour

Court, Ahmedabad now as shown in the Annexure, in the industrial dispute between the employers in relation to the

management of M/s. ONGC Ltd. and other and their workman, which was received by the Central Government on

30.01.2017.

[No. L-30011/26/2011-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 2nd January, 2017

Reference: (CGITA) No. 75/2012

1. The Asset Manager,

ONGC Ltd., Ankleshwar Asset,

Ankleshwar

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

657

2. M/s Tops Security Ltd.,

C-I, Hariome Shopping Centre,

Nr. Jubili Guest House,

Over Old National Highway,

Ankleshwar

…First Party

V/s

The General Secretary,

Gujarat Mazdoor Sabha,

104, Maharanapratap Complex,

Nr. V.S. Hospital, Ellisbridge,

Ahmedabad (Gujarat)

…Second Party

For the First Party

:

Shri K.V. Gadhia

For the Second Party

:

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-30011/26/2011-

IR(M) dated 18.04.2012 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 the Gujarat Mazdoor Sabha that Shri Rajesh Kumar Ram Bahadur Yadav & 63 others

(List enclosed) were engaged by the management of ONGC Limited, Ankleshwar through the contractor M/s

Tops Security Ltd. in the prohibited category of employment vide notification dated 08.09.1994 is legal and

justified? If so, whether the action of the management of ONGC Limited by not giving regularization and equal

pay and all other allowances at par with the regular employees of ONGC to Shri Rajesh Kumar Ram Bahadur

Yadav & 63 others (List enclosed) are legal and justified? What relief the workmen are entitled to and to what

extent?”

1.

The reference dates back to 18.04.2012. Some of the workmen detailed below:

i.

Kishan Tiwari

ii.

Munna Nandkishor Chaudhari

iii.

Tausif Gulam Husen Shaikh

iv.

Rishikesh Rai

v.

Ram Shumer Maurya

vi.

Javid gulam Husen Shaikh

vii.

Gulam Husen Yakub Malek

viii.

Magan Bhai Bechar Patel

ix.

Bhautik Kumar Natwar Patel

x.

Malek Anwar Husen

xi.

Nkanaiyalal K. Patel

xii.

Chetan Kumar T. Patel

xiii.

Jayesh Kumar I Patel

xiv.

Sona Pati Thakor

xv.

Yogesh Devajibhai Patel

xvi.

Sanjay Ray Jibhai Patel

xvii.

Jitendra Kumar Sureshbhai Patel

xviii.

Sanjiv Kumar R. Rajput

xix.

Rathod Rajendrasinh J.

658 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

xx.

Jignesh Kumar C. Patel

xxi.

Ramanbhai N. Patel

xxii.

Aplesh Bhai A. Vasava

xxiii.

Mistry Hitesh Shantilal

xxiv.

Ranvir Sinh P. Rathod

xxv.

Gulam Rasul Yakub Malek

xxvi.

Arif A. Khilji

xxvii.

Sarfaraj I Malek

xxviii. Deep Prakash Kunwar

xxix.

Nikunj D. Patel

xxx.

Rameshbhai Khushal Patel

xxxi.

Ashok H. Pandey

xxxii.

Ajit K. Solanki

xxxiii. Arvind C. Parmar

xxxiv. Shantilal M. Bariya

xxxv.

Dharmendra A. Parmar

xxxvi. Mahesh B. Padhiyar

xxxvii. Rathod Mukesh Kumar

xxxviii. Mahendra Sing Chauhan

xxxix. Vikram U. Raj

xl.

Kamlesh Kumar Singh

Moved an application Ext. 9 through the General Secretary, ONG Mazdoor Sangh, for withdrawal of their name

from the reference as they have settled their disputes with the first party ONGC and M/s Tops Security Ltd.. The copy

of the settlement is also filed. Opposite party did not raise any objection, therefore, the application Ext. 9 was allowed

and the aforesaid names of the workmen were deleted from the reference as per the settlement. Rest of the 24 workmen

despite giving dozen of opportunities, prior to the withdrawal from the reference by the aforesaid workmen on

05.11.2015 and thereafter giving half a dozen opportunities for filing statement of claim, they did not submit the

statement of claim. Thus it appears that the rest of the workmen and their Union have no willingness to prosecute the

reference. Thus the reference is deserved to be disposed of in the absence of the statement of claim with the observation

as under: “the demand of the Gujarat Mazdoor Sabha that rest of the 24 workmen not named in the application and list

of withdrawal Ext.9 were engaged by the management of ONGC Limited, Ankleshwar through the contractor M/s

Tops Security Ltd. in the prohibited category of employment vide notification dated 08.09.1994 is not legal and

justified and the action of the management of ONGC Limited by not giving regularization and equal pay and all other

allowances at par with the regular employees of ONGC torest of the 24 workmen not named in the application and list

of withdrawal Ext.9 is legal and justified.”

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 317-—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 207@2004) dks çdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 30-01-2017 dks çkIr gqvk FkkA

¹la- ,y&30011@32@1999&vkbZvkj (,e)º

jkts'k dqekj] voj lfpo

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

659

New Delhi, the 6th February, 2017

S.O. 317.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 207/2004) 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 other and their workman, which was received by the Central Government on

30.01.2017.

[No. L-30011/32/1999-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 10th January, 2017

Reference: (CGITA) No. 207/2004

1. The Group General Manager,

ONGC Ltd., Avani Bhawan,

Chandkheda, Ahmedabad (Gujarat)

2. M/s. Industrial Security Services,

Parichay Shopping Centre, Near D Cabin,

Sabarmati, Ahmedabad (Gujarat)

3. M/s. Public Power Mazdoor Kamdar Sahakari Mandli Ltd.,

Opp. Dudhsagar Dairy, Highway Road,

Mehsana (Gujarat)

4. M/s. Lokpriya Labour & Majoor Co-op. Society Ltd.,

308, Karishma Complex, Stadium Circle, C.G. Road,

Ahmedabad (Gujarat)

5. M/s. Chandiodiya Mazdoor Kamdar Sahakari Mandli Ltd.,

179, Ambica Krupa, Ranip, Ahmedabad (Gujarat)

6. Rajdeep Group Mazdoor Kamdar Sahakari Mandli Ltd.,

Vedmata Society, IOC Road, Chandkheda,

Ahmedabad (Gujarat)

…First Party

V/s

The General Secretary,

Gujarat Petroleum Emp. Union,

434/46, Gandhivas, Koba Road, Sabarmati,

Ahmedabad (Gujarat)

…Second Party

For the First Party

:

Shri K.V. Gadhia

For the Second Party

:

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-30011/32/99-

IR(M) dated 11.06.1999 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 the union for absorption/regularisation of Shri Maganbhai Dhurabhai Parmar and 45

other contract workers, by the management of ONGC Ltd., Ahmedabad is legal and justified? If so, to what relief

is the concerned workmen entitled and from which date?”

660 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

1.

The reference dates back to 11.06.1999. The second party submitted the statement of claim Ex. 10 on 22.12.1999.

The first party submitted the written statement Ex. 22 on 17.07.2002.

2.

27 workmen listed in the Ex. 34 out of 46 workmen moved the applications for withdrawal from the reference

and also for deleting their names from the reference, which was allowed by the tribunal on 14.05.2015, vide order Ex.

38.

3.

The names of the workmen are as under:

i.

Vyas Jitendra Vishnuprasad

ii.

Momin Ibrahimbhai Sulemanbhai

iii.

Patel Sureshkumar Narsinhbhai

iv.

Chavada Kalidas Amatharam

v.

Paramr Maganbhai Dhulabhai

vi.

Parmar Khodabhai Jesangbhai

vii.

Paramr Kanubhai Somabhai

viii.

Parmar Pratapbhai Melabhai

ix.

Solanki Rameshbhai Gotabhai

x.

Thakor Vishnuji Gandaji

xi.

Parmar Manojbhai Kantibhai

xii.

Jadav Chimanbhai Galabhai

xiii.

Chandrabhushan Singh

xiv.

Acharya Pareshkumar K.

xv.

Kesharkar Prakash Pundlik

xvi.

Patel Nikun Chhotalal

xvii.

Thakor Shambhuji Shivaji

xviii.

Thakor Rayajiji Shakaraji

xix.

Raval Papatji Juhaji

xx.

Thakor Jayantiji Kalaji

xxi.

Chavada Mahendrabhai A.

xxii.

Prajapati Lalabhai Mafatlal

xxiii.

Parmar Vitthalbhai Shankarbhai

xxiv.

Vaghela Shankarbhai Dhulabhai

xxv.

Gayakwad Saranpal Shripati

xxvi.

Dantani Manojkumar Jayantilal

xxvii.

Prajapati Gunvantbhai R.

4.

The names of the aforesaid workmen were deleted and the case was listed for 30.06.2015 for evidence of the

remaining second party workmen. Since 30.06.2015, the remaining workmen as well as the Gujarat Petroleum

Employees Union representing the workman have been absent and failed to lead evidence. Thus it appears that the

remaining workmen are not willing to prosecute the case.

5.

Therefore, the reference is disposed of with the observation as under with respect to the remaining 19 workmen:

“the demand of the union for absorption/regularisation of Shri Maganbhai Dhurabhai Parmar and 45 other contract

workers, by the management of ONGC Ltd., Ahmedabad is not legal and justified.”

P. K. CHATURVEDI, Presiding Officer

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

661

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 318-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ ts-,e-

lh- ekb¯ux ,.M Dokjh odZ 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 923@2004) dks çdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 30-01-2017 dks çkIr gqvk FkkA

¹la- ,y&29011@63@2003&vkbZvkj (,e)º

jkts'k dqekj] voj lfpo

New Delhi, the 6th February, 2017

S.O. 318.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 923/2004) 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. JMC Mining & Quarry Works Ltd. and their workman, which was received by the Central

Government on 30.01.2017.

[No. L-29011/63/2003-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 4th January, 2017

Reference: (CGITA) No. 923/2004

The Managing Director,

JMC Mining & Quarry Works Ltd.,

At & Post Taluka Thasra,

Kheda (Gujarat)

…First Party

V/s

Shri Bhanuprasad Ramdas Sadhu,

C/o

Akhil Gujarat General Mazdoor Sangh,

2nd Floor, Arab Manzir,

Patharkuva, Relief Road,

Ahmedabad (Gujarat)

…Second Party

For the First Party

:

For the Second Party

:

Shri V.K. Kazi

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-29011/63/2003-

IR(M) dated 27.02.2004 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 Managing Director, JMC Mining & Quarry Works Ltd., Distt. Kheda

in terminating services of Sh. Bhanuprasad Ramdas, Sadhu w.e.f. 09.06.2001 without paying any retrenchment

compensation or one months’ notice or noice pay in lieu thereof is justified or legal? If not to what relief the

workman is entitled to?”

662 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

1.

The reference dates back to 27.02.2004. The second party submitted his statement of claim Ext. 4 on 21.04.2005

alleging that he joined the services of first party employer, JMC Mining & Quarry Works Ltd., here and after referred

to as first party on 09.11.1994 as clerk. He was allotted the clerical work in the first party store department. Later he

was transferred to despatch department. The duties which were to be performed by the workman was to take the

measurement of the trucks ready for the lodging of materials, to prepare the various challan as required and also to

prepare the daily reports of the despatches. His working hours are fixed from 08:00 AM to 08:00 PM in the first shift

and from 08:00 PM to 08:00 AM. Thus he used to perform 12 hours duty in a day. He was used to be paid Rs. 3000/-

per month. On 09.06.2001, newly appointed manager of the first party N.C. Patel suddenly terminated his services

without giving any reason or written order. He used to perform his duty faithfully and diligently. The said action of

termination without assigning any reason and also without giving any written order was against the standing orders and

also in violation of the Section 25 F, G & H of the Industrial Disputes Act. The work he used to perform is still exists

and the newly recruited persons have been doing the said jobs. Thus he has prayed for reinstatement with back wages.

2.

This reference was originally registered with Industrial Tribunal, Nadiad on 27.02.2004, same was transferred to

this tribunal vide Order No. Z-22019/6/2007-IR(C-II) dated 19.10.2010 of Ministry of Labour & Employment, New

Delhi and the first party was informed vide notice Ext. 23 on 24.02.2011 to appear on 23.03.2011 but the notice

received unserved. Therefore, the matter was ordered to proceed ex-parte. The second party workman submitted his

affidavit Ext. 21 in support of his statement of claim reiterating the averments made therein. In his affidavit, he has

stated that he was appointed on 09.12.1993 and worked till 06.06.2001 for more than 240 days in each year. Thus in the

absence of the rebuttal of the first party, the reference deserves to be allowed and the question raised in the reference is

decided as under:

The action of the management of Managing Director, JMC Mining & Quarry Works Ltd., Distt. Kheda in

terminating services of Sh. Bhanuprasad Ramdas, Sadhu w.e.f. 09.06.2001 without paying any retrenchment

compensation or one months’ notice or noice pay in lieu thereof is unjustified or illegal.

3.

The first party is directed to reinstate the second party workman within 60 days of the publication of this award

and to pay Rs. 50000/- as compensation.

4.

The award is passed accordingly.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 319-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ

dk.Myk MkWd yscj cksMZ 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 1035@2004) dks çdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 30-01-2017 dks çkIr gqvk FkkA

¹la- ,y&37012@11@1996&vkbZvkj (,e)º

jkts'k dqekj] voj lfpo

New Delhi, the 6th February, 2017

S.O. 319.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 1035/2004) 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. Kandla Dock Labour Board and their workman, which was received by the Central Government

on 30.01.2017.

[No. L-37012/11/1996-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 2nd January, 2017

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

663

Reference: (CGITA) No. 1035/2004

The Dy. Chaimman,

Kandla Dock Labour Board,

Shramdeep, Kandla Port,

Kandla

…First Party

V/s

The General Secretary,

Transport and Dock Workers Union,

Room No. 21, Yogesh Building, Plot No. 586,

Ward 12-C, Gandhidham,

Kutch (Gujarat) – 370201

…Second Party

For the First Party

:

Shri K.V. Gadhia

For the Second Party

:

Shri P.M. Vora

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-37012/11/96-

IR(M) dated 17.01.1997 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 the Transport & Dock Workers Union, Gandhidham against the management of Kandla

Dock Labour Board, Kandla, that Shri Mansukhlal Gancha, Driver (Motor) should be upgraded, with

retrospective effect as per the recommendations of the Wage Revision Committee and orders of Government

regarding up-gradation of post, just valid and legal? If so to what benefits the workman is entitled for and what

directions are necessary in the matter?”

1.

The reference dates back to 17.01.1997. The second party submitted the statement of claim Ext. 2 on 08.07.1997

and the first party submitted the written statement Ext. 4 on 01.07.2003. Since then the second party has not submitted

his evidence. However today on 02.01.2017, the workman’s Union and workman have not pressed the reference and

also requested to withdraw the reference.

2.

Thus the reference is disposed of as not pressed.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 320-—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 ,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;] dkuiqj ds iapkV (lanHkZ la[;k 101@2014) dks çdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 30-01-2017 dks çkIr gqvk FkkA

¹la- ,y&30012@10@2014&vkbZvkj (,e)º

jkts'k dqekj] voj lfpo

New Delhi, the 6th February, 2017

S.O. 320.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 101/2014) of the Central Government Industrial Tribunal/Labour

Court, Kanpur now as shown in the Annexure, in the industrial dispute between the employers in relation to the

management of M/s. Indian Oil Corporation Ltd. and their workman, which was received by the Central Government

on 30.01.2017.

[No. L-30012/10/2014-IR (M)]

RAJESH KUMAR, Under Secy.

664 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

ANNEXURE

BEFORE SRI SHUBHENDRA KUMAR, HJS PRESIDING OFFICER, CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOR COURT/LOK ADALAT, KANPUR

Industrial Dispute No. 101 of 2014

Between :

Sh. Yogesh Sharma S/o Sh.Radha Raman Sharma

Village Bhagwanpura,

Post Ading

Distt. Mathura (UP)

Mathura

And

The Executive Director,

Indian Oil Corp. Ltd,

Mathura Refinery,

Mathura-281005

AWARD

1.

Central Government Mol, vide notification no.L-30012/10/2014-IR(M) Dated 28.08.2014, has referred the

following dispute for adjudication to This Tribunal.

2.

Whether the action of the management of Indian Oil Corporation Ltd., Mathura Refinery, Mathura M/S.

G.S.Travels, Mathura in terminating the Services of Sh. Yogesh Shrma S/o Sh. Radha Raman Sharma workman w.e.f.

July, 2008 is just, fair & legal? If not, what relief the workman concerned is entitled to?

3.

In the instant case a reference was referred to Central Government Industrial Tribunal cum Labor Court, Kanpur,

whereupon notice to the claimant was issued under registered post by CGIT Kanpur for filling his claim in the case.

4.

On 16.12.2016, when the case was taken up neither the workman turned up nor filed his claim statement despite

availing of sufficient opportunities. Therefore, it appears that the worker is not interested in prosecuting his claim

before this tribunal. As such having no option left with the tribunal except to give an award in the case against the

worker for want of pleadings and proof.

5.

For the reason given above, award is passed against the worker holding that the worker is not entitled to any

relief pursuant to the present Reference order for want of pleadings and proof.

6.

Reference is answered accordingly against the worker.

SHUBHENDRA KUMAR, Presiding Officer

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 321-—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 ,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;] dkuiqj ds iapkV (lanHkZ la[;k 104@2014) dks çdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 30-01-2017 dks çkIr gqvk FkkA

¹la- ,y&30012@11@2014&vkbZvkj (,e)º

jkts'k dqekj] voj lfpo

New Delhi, the 6th February, 2017

S.O. 321.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 104/2014) of the Central Government Industrial Tribunal/Labour

Court, Kanpur now as shown in the Annexure, in the industrial dispute between the employers in relation to the

management of M/s. Indian Oil Corporation Ltd. and their workman, which was received by the Central Government

on 30.01.2017.

[No. L-30012/11/2014-IR (M)]

RAJESH KUMAR, Under Secy.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

665

ANNEXURE

BEFORE SRI SHUBHENDRA KUMAR, HJS PRESIDING OFFICER, CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOR COURT/LOK ADALAT, KANPUR

Industrial Dispute No. 104 of 2014

Between :

Shri Ram Narayan Singh S/o Sh. Roop Singh

Village & Post Baad,

Distt. Mathura (UP)

MATHURA.

And

The Executive Director,

Indian Oil Corp. Ltd,

Mathura Refinery,

Mathura-281005

AWARD

1.

Central Government Mol, vide notification no.L-30012/11/2014-IR(M) Dated 27.08.2014, has referred the

following dispute for adjudication to This Tribunal.

2.

Whether the action of the management of Indian Oil Corporation Ltd., Mathura Refinery, Mathura M/S Balaji

Services, New Delhi in terminating the Services of Sh. Ram Narayan Singh S/o Sh. Roop Singh workman w.e.f. April,

2010 is just, fair & legal? If not, what relief the workman concerned is entitled to?

3.

In the instant case a reference was referred to Central Government Industrial Tribunal cum Labor Court, Kanpur,

whereupon notice to the claimant was issued under registered post by CGIT Kanpur for filling his claim in the case.

4.

On 16.12.2016, when the case was taken up neither the workman turned up nor filed his claim statement despite

availing of sufficient opportunities. Therefore, it appears that the worker is not interested in prosecuting his claim

before this tribunal. As such having no option left with the tribunal except to give an award in the case against the

worker for want of pleadings and proof.

5.

For the reason given above, award is passed against the worker holding that the worker is not entitled to any

relief pursuant to the present Reference order for want of pleadings and proof.

6.

Reference is answered accordingly against the worker.

SHUBHENDRA KUMAR, Presiding Officer

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 322-—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 ,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;] dkuiqj ds iapkV (lanHkZ la[;k 105@2014) dks çdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 30-01-2017 dks çkIr gqvk FkkA

¹la- ,y&30012@9@2014&vkbZvkj (,e)º

jkts'k dqekj] voj lfpo

New Delhi, the 6th February, 2017

S.O. 322.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 105/2014) of the Central Government Industrial Tribunal/Labour

Court, Kanpur now as shown in the Annexure, in the industrial dispute between the employers in relation to the

management of M/s. Indian Oil Corporation Ltd. and their workman, which was received by the Central Government

on 30.01.2017.

[No. L-30012/9/2014-IR (M)]

RAJESH KUMAR, Under Secy.

666 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

ANNEXURE

BEFORE SRI SHUBHENDRA KUMAR, HJS PRESIDING OFFICER, CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOR COURT/LOK ADALAT, KANPUR

Industrial Dispute No. 105 of 2014

Between :

Shri Ranvir Singh S/o Sh. Kharag Singh

Village Jhandipur,

Post Farah,

Distt. Mathura (UP)

MATHURA.

And

The Executive Director,

Indian Oil Corp. Ltd,

Mathura Refinery,

Mathura-281005

AWARD

1.

Central Government Mol, vide notification no.L-30012/9/2014-IR(M) Dated 28.08.2014, has referred the

following dispute for adjudication to This Tribunal.

2.

Whether the action of the management of Indian Oil Corporation Ltd., Mathura Refinery, Mathura M/S. Manish

Contractor, Mathura in terminating the Services of Sh. Ranveer Singh S/o Sh. Kharag Singh workman w.e.f. August,

2013 is just, fair & legal? If not, what relief the workman concerned is entitled to?

3.

In the instant case a reference was referred to Central Government Industrial Tribunal cum Labor Court, Kanpur,

whereupon notice to the claimant was issued under registered post by CGIT Kanpur for filling his claim in the case.

4.

On 16.12.2016, when the case was taken up neither the workman turned up nor filed his claim statement despite

availing of sufficient opportunities. Therefore, it appears that the worker is not interested in prosecuting his claim

before this tribunal. As such having no option left with the tribunal except to give an award in the case against the

worker for want of pleadings and proof.

5.

For the reason given above, award is passed against the worker holding that the worker is not entitled to any

relief pursuant to the present Reference order for want of pleadings and proof.

6.

Reference is answered accordingly against the worker.

SHUBHENDRA KUMAR, Presiding Officer

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 323-—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 ,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;] dkuiqj ds iapkV (lanHkZ la[;k 106@2014) dks çdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 30-01-2017 dks çkIr gqvk FkkA

¹la- ,y&30012@8@2014&vkbZvkj (,e)º

jkts'k dqekj] voj lfpo

New Delhi, the 6th February, 2017

S.O. 323.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 106/2014) of the Central Government Industrial Tribunal/Labour

Court, Kanpur now as shown in the Annexure, in the industrial dispute between the employers in relation to the

management of M/s. Indian Oil Corporation Ltd. and their workman, which was received by the Central Government

on 30.01.2017.

[No. L-30012/8/2014-IR (M)]

RAJESH KUMAR, Under Secy.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

667

ANNEXURE

BEFORE SRI SHUBHENDRA KUMAR, HJS PRESIDING OFFICER, CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOR COURT/LOK ADALAT, KANPUR

Industrial Dispute No. 106 of 2014

Between :

Sh. Vinod Kumar S/o Sh. Hakam Singh

51/702, Laxmi Nagar Bagicha,

Jamun Paar,

Distt. Mathura (UP)

MATHURA.

And

The Executive Director,

Indian Oil Corp. Ltd,

Mathura Refinery,

Mathura-281005

AWARD

1.

Central Government Mol, vide notification no.L-30012/8/2014-IR(M) Dated 28.08.2014, has referred the

following dispute for adjudication to This Tribunal.

2.

Whether the action of the management of Indian Oil Corporation Ltd., Mathura Refinery, Mathura M/S Balaji

Services, New Delhi in terminating the Services of Sh. Vinod Kumar S/o Sh. Hakim Singh workman w.e.f. March,

2010 is just, fair & legal? If not, what relief the workman concerned is entitled to?

3.

In the instant case a reference was referred to Central Government Industrial Tribunal cum Labor Court, Kanpur,

whereupon notice to the claimant was issued under registered post by CGIT Kanpur for filling his claim in the case.

4.

On 16.12.2016, when the case was taken up neither the workman turned up nor filed his claim statement despite

availing of sufficient opportunities. Therefore, it appears that the worker is not interested in prosecuting his claim

before this tribunal. As such having no option left with the tribunal except to give an award in the case against the

worker for want of pleadings and proof.

5.

For the reason given above, award is passed against the worker holding that the worker is not entitled to any

relief pursuant to the present Reference order for want of pleadings and proof.

6.

Reference is answered accordingly against the worker.

SHUBHENDRA KUMAR, Presiding Officer

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 324-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ v#.k

m|ksx ,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;] Hkqous'oj ds iapkV (lanHkZ la[;k 25@2009) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks

30-01-2017 dks çkIr gqvk FkkA

¹la- ,y&43012@7@2009&vkbZvkj (,e)º

jkts'k dqekj] voj lfpo

New Delhi, the 6th February, 2017

S.O. 324.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 25/2009) of the Central Government Industrial Tribunal/Labour

Court, Bhubaneswar now as shown in the Annexure, in the industrial dispute between the employers in relation to the

management of M/s. Arun Udyoga and others and their workman, which was received by the Central Government on

30.01.2017.

[No. L-43012/7/2009-IR (M)]

RAJESH KUMAR, Under Secy.

668 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, BHUBANESWAR

Present:

Shri B.C. Rath,

Presiding Officer, C.G.I.T.-cum-Labour

Court, Bhubaneswar.

INDUSTRIAL DISPUTE CASE NO. 25/2009

Date of Passing Award – 9th December, 2016

Between :

1. M/s. Arun Udyoga,

Contractor of Ostpal Chromite Mines of

M/s. FACOR, Po. Kansa, Ps. Tamaka,

Dist. Jajpur.

2. The Chief Executive (Mines),

M/s. FACOR Limited, Kuans,

Bhadrak.

…1st Party-Managements.

(And)

Shri Keshab Mohanta,

At. Ostia, Po. Chingudipal,

P.S. Tamaka, Dist. Jajpur

…2nd Party-Workman.

Appearances:

Shri D.R. Mohapatra

…

For the 1st Party-Management No. 1.

Shri P.K. Sahoo, Law Officer

…

For the 1st Party-Management No. 2.

None

…

For the 2nd Party-Workman.

AWARD

The award is directed against a reference with following schedule:-

“Whether the action of management of M/s. Arun Udyoga, Contractor of Ostpal Chromite Mines, M/s. FACOR

Ltd., in terminating the services of Shri Keshab Mohanta, Heavy Vehicle Driver w.e.f. 1.4.2007 is legal and/or

justified? What relief the workman is entitled to?”

made by the Government of India, Ministry of Labour & Employment in exercise of the powers conferred by clause (d)

of Sub-section (1) and sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947 vide letter No.

L-43012/7/2009 – IR(M), dated 23.06.2009.

2.

The disputant workman filed his claim statement alleging that he was appointed as a Tipper Driver from the year

2003 in the establishment of Management No. 1 and he was running the Tipper in the Mine area of the Management

No. 2. When he raised a demand before the Management to provide him better medical facility and pay structure the

Management did not allow him to discharge his duty from April, 2007 onwards. Hence he has made a prayer for his

reinstatement with all back wages and service benefits.

3.

In their common written statements both the Managements have taken a stand that the disputant workman was

not given any appointment to work in any capacity in the Mines of the Management No. 2 and as such, submitted for

dismissal of the claim.

4.

Though issues like (1) whether the action of the management of M/s. Arun Udyoga, Contractor of Ostpal

Chromite Mines, M/s. FACOR Ltd., in terminating the services of Shri Keshab Mohanta, Heavy Vehicle Driver w.e.f.

1.4.2007 is legal and/or justified? (2) what relief the workman is entitled to? were settled on the aforesaid pleadings of

the parties and the case was posted for taking evidence of the parties, the workman did not turn up to adduce his

evidence whereupon, the Management was heard exparte on the reference.

5.

Though a pleading has been advanced on behalf of the workman that being appointed as a Tipper Driver by the

Management No. 1 he was running the Tipper in the mines of the Management No. 2, neither any oral or documentary

evidence is led before the Tribunal in support of such pleading to enable this Tribunal to find out if any relationship of

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

669

employer and employee exists between the parties and to adjudicate the dispute. Law is well settled that initial burden

lies on the workman to prove the existence of relationship of employer and employee between the parties in order to

avail any relief under the provisions of the I.D. Act. Having failed to prove his employment or engagement either under

the Management No. 1 or 2 by giving any credible evidence, the workman is not entitled to the reliefs claimed by him.

6.

Accordingly the reference is answered.

Dictated & Corrected by me.

B. C. RATH, Presiding Officer

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 325-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ v#.k

m|ksx ,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;] Hkqous'oj ds iapkV (lanHkZ la[;k 26@2009) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks

30-01-2017 dks çkIr gqvk FkkA

¹la- ,y&43012@6@2009&vkbZvkj (,e)º

jkts'k dqekj] voj lfpo

New Delhi, the 6th February, 2017

S.O. 325.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 26/2009) of the Central Government Industrial Tribunal/Labour

Court, Bhubaneswar now as shown in the Annexure, in the industrial dispute between the employers in relation to the

management of M/s. Arun Udyoga and others and their workman, which was received by the Central Government on

30.01.2017.

[No. L-43012/6/2009-IR (M)]

RAJESH KUMAR, Under Secy.

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, BHUBANESWAR

Present:

Shri B.C. Rath,

Presiding Officer, C.G.I.T.-cum-Labour

Court, Bhubaneswar.

INDUSTRIAL DISPUTE CASE NO. 26/2009

Date of Passing Award – 9th December, 2016

Between :

1. M/s. Arun Udyoga,

Contractor of Ostpal Chromite Mines of

M/s. FACOR, Po. Kansa, Ps. Tamaka,

Dist. Jajpur.

2. The Chief Executive (Mines),

M/s. FACOR Limited, Kuans,

Bhadrak.

…1st Party-Managements

(And)

Shri Harihar Mohanta,

At. Ostia, Po. Chingudipal,

P.S. Tamaka, Dist. Jajpur

…2nd Party-Workman

Appearances:

Shri D.R. Mohapatra

…

For the 1st Party-Management No. 1.

670 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

Shri P.K. Sahoo, Law Officer

…

For the 1st Party-Management No. 2.

None

…

For the 2nd Party-Workman.

AWARD

The award is directed against a reference with following schedule:-

“Whether the action of management of M/s. Arun Udyoga, Contractor of Ostpal Chromite Mines, M/s. FACOR

Ltd., in terminating the services of Shri Harihar Mohanta, Heavy Vehicle Driver w.e.f. 1.4.2007 is legal and/or

justified? What relief the workman is entitled to?”

made by the Government of India, Ministry of Labour & Employment in exercise of the powers conferred by clause (d)

of Sub-section (1) and sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947 vide letter No. L-

43012/6/2009 – IR(M), dated 22.06.2009.

2.

The disputant workman filed his claim statement alleging that he was appointed as a Tipper Driver from the year

2003 in the establishment of Management No. 1 and he was running the Tipper in the Mine area of the Management

No. 2. When he raised a demand before the Management to provide him better medical facility and pay structure the

Management did not allow him to discharge his duty from April, 2007 onwards. Hence he has made a prayer for his

reinstatement with all back wages and service benefits.

3.

In their common written statements both the Managements have taken a stand that the disputant workman was

not given any appointment to work in any capacity in the Mines of the Management No. 2 and as such, submitted for

dismissal of the claim.

4.

Though issues like (1) whether the action of the management of M/s. Arun Udyoga, Contractor of Ostpal

Chromite Mines, M/s. FACOR Ltd., in terminating the services of Shri Harihar Mohanta, Heavy Vehicle Driver w.e.f.

1.4.2007 is legal and/or justified? (2) what relief the workman is entitled to? were settled on the aforesaid pleadings of

the parties and the case was posted for taking evidence of the parties, the workman did not turn up to adduce his

evidence whereupon, the Management was heard exparte on the reference.

5.

Though a pleading has been advanced on behalf of the workman that being appointed as a Tipper Driver by the

Management No. 1 he was running the Tipper in the mines of the Management No. 2, neither any oral or documentary

evidence is led before the Tribunal in support of such pleading to enable this Tribunal to find out if any relationship of

employer and employee exists between the parties and to adjudicate the dispute. Law is well settled that initial burden

lies on the workman to prove the existence of relationship of employer and employee between the parties in order to

avail any relief under the provisions of the I.D. Act. Having failed to prove his employment or engagement either under

the Management No. 1 or 2 by giving any credible evidence, the workman is not entitled to the reliefs claimed by him.

6.

Accordingly the reference is answered.

Dictated & Corrected by me.

B. C. RATH, Presiding Officer

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 326-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ v#.k

m|ksx ,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;] Hkqous'oj ds iapkV (lanHkZ la[;k 27@2009) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks

30-01-2017 dks çkIr gqvk FkkA

¹la- ,y&43012@5@2008&vkbZvkj (,e)º

jkts'k dqekj] voj lfpo

New Delhi, the 6th February, 2017

S.O. 326.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 27/2009) of the Central Government Industrial Tribunal/Labour

Court, Bhubaneswar now as shown in the Annexure, in the industrial dispute between the employers in relation to the

management of M/s. Arun Udyoga and others and their workman, which was received by the Central Government on

30.01.2017.

[No. L-43012/5/2008-IR (M)]

RAJESH KUMAR, Under Secy.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

671

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, BHUBANESWAR

Present:

Shri B.C. Rath,

Presiding Officer, C.G.I.T.-cum-Labour

Court, Bhubaneswar.

INDUSTRIAL DISPUTE CASE NO. 27/2009

Date of Passing Award – 9th December, 2016

Between :

1. M/s. Arun Udyoga,

Contractor of Ostpal Chromite Mines of

M/s. FACOR, Po. Kansa, Ps. Tamaka,

Dist. Jajpur.

2. The Chief Executive (Mines),

M/s. FACOR Limited, Kuans,

Bhadrak.

…1st Party-Managements

(And)

Shri Antaryami Mohanta,

At. Krshnapur, Po. Anal,

P.S. Bhubana, Dist. Dhenkanal

…2nd Party-Workman

Appearances:

Shri D.R. Mohapatra

…

For the 1st Party-Management No. 1.

Shri P.K. Sahoo, Law Officer

…

For the 1st Party-Management No. 2.

None

…

For the 2nd Party-Workman.

AWARD

The award is directed against a reference with following schedule:-

“Whether the action of management of M/s. Arun Udyoga, Contractor of Ostpal Chromite Mines, M/s. FACOR

Ltd., in terminating the services of Shri Antaryami Mohanta, Heavy Vehicle Driver w.e.f. 1.4.2007 is legal and/or

justified? What relief the workman is entitled to?”

made by the Government of India, Ministry of Labour & Employment in exercise of the powers conferred by clause (d)

of Sub-section (1) and sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947 vide letter No. L-

43012/5/2008 – IR(M), dated 29.06.2009.

2.

The disputant workman filed his claim statement alleging that he was appointed as a Tipper Driver from the year

2003 in the establishment of Management No. 1 and he was running the Tipper in the Mine area of the Management

No. 2. When he raised a demand before the Management to provide him better medical facility and pay structure the

Management did not allow him to discharge his duty from April, 2007 onwards. Hence he has made a prayer for his

reinstatement with all back wages and service benefits.

3.

In their common written statements both the Managements have taken a stand that the disputant workman was

not given any appointment to work in any capacity in the Mines of the Management No. 2 and as such, submitted for

dismissal of the claim.

4.

Though issues like (1) whether the action of the management of M/s. Arun Udyoga, Contractor of Ostpal

Chromite Mines, M/s. FACOR Ltd., in terminating the services of Shri Keshab Mohanta, Heavy Vehicle Driver w.e.f.

1.4.2007 is legal and/or justified? (2) what relief the workman is entitled to? were settled on the aforesaid pleadings of

the parties and the case was posted for taking evidence of the parties, the workman did not turn up to adduce his

evidence whereupon, the Management was heard exparte on the reference.

5.

Though a pleading has been advanced on behalf of the workman that being appointed as a Tipper Driver by the

Management No. 1 he was running the Tipper in the mines of the Management No. 2, neither any oral or documentary

672 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

evidence is led before the Tribunal in support of such pleading to enable this Tribunal to find out if any relationship of

employer and employee exists between the parties and to adjudicate the dispute. Law is well settled that initial burden

lies on the workman to prove the existence of relationship of employer and employee between the parties in order to

avail any relief under the provisions of the I.D. Act. Having failed to prove his employment or engagement either under

the Management No. 1 or 2 by giving any credible evidence, the workman is not entitled to the reliefs claimed by him.

6.

Accordingly the reference is answered.

Dictated & Corrected by me.

B. C. RATH, Presiding Officer

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 327-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ isQjks

LØSi fuxe 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;] Hkqous'oj ds iapkV (lanHkZ la[;k 42@2013) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 30-

01-2017 dks çkIr gqvk FkkA

¹la- ,y&29011@17@2013&vkbZvkj (,e)º

jkts'k dqekj] voj lfpo

New Delhi, the 6th February, 2017

S.O. 327.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 42/2013) of the Central Government Industrial Tribunal/Labour

Court, Bhubaneswar now as shown in the Annexure, in the industrial dispute between the employers in relation to the

management of M/s. Ferro Scrap Nigam Ltd. and their workman, which was received by the Central Government on

30.01.2017.

[No. L-29011/17/2013-IR (M)]

RAJESH KUMAR, Under Secy.

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, BHUBANESWAR

Present:

Shri B.C. Rath,

Presiding Officer, C.G.I.T.-cum-Labour

Court, Bhubaneswar.

INDUSTRIAL DISPUTE CASE NO. 42/2013

L-29011/17/2013-IR (M), dated 28.05.2013

Date of Passing Order – 6th December, 2016

Between :

The Assistant General Manager, in-charge,

Ferro Scrap Nigam Ltd., Post Box No. 19,

Inside Rourkela Steel Plant, Rourkela,

Dist. Sundargarh, Odisha

…1st Party-Management.

(And)

The General Secretary,

Rourkela Shramik Sangh, Shramik Mandir,

Qrs. No. D-81, Sector 18, Rourkela – 769 003,

Dist. Sundargarh, Odisha

…2nd Party-Union.

Appearances:

None

…

For the 1st Party-Management.

None

…

For the 2nd Party-Union.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

673

ORDER

Authorized representative for the 1st Party-Management is present. None is present for the 2nd party-Union on

repeated calls. Perusal of the case record reveals that the 2nd party-Union filed its statement of claim on 09.07.2013,

whereas the 1st Party-Management on being noticed filed its written statement on 28.1.2014. On the pleadings of the

parties issues were settled on 02.12.2014. Thereafter the case was posted for evidence of the 2nd party-Union from time

to time. Neither the 2nd party-Union has appeared not has filed any affidavit evidence under Order 18 Rule 4 C.P.C. for

which notice was issued to them fixing 10.3.2016 for his appearance and to adduce evidence. As none is present from

the side of the 2nd Party-Union on the date fixed it seems that either the 2nd party-Union is not interested to prosecute

the dispute or the dispute might have been settled amicably out of the Tribunal. In the above back-drops there is no

alternative than to pass a no-dispute award and accordingly a no-dispute award is passed in the case.

2.

Accordingly the reference is answered in the above terms.

Dictated & Corrected by me.

B. C. RATH, Presiding Officer

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 328-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ vkj-

ds- ekcZYl izk- fyfeVsM ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;] t;iqj ds iapkV (lanHkZ la[;k 62@2015) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks

30-01-2017 dks çkIr gqvk FkkA

¹la- ,y&28012@3@2015&vkbZvkj (,e)º

jkts'k dqekj] voj lfpo

New Delhi, the 6th February, 2017

S.O. 328.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 62/2015) of the Central Government Industrial Tribunal/Labour

Court, Jaipur now as shown in the Annexure, in the industrial dispute between the employers in relation to the

management of M/s. R.K. Marbles Pvt. Ltd. and their workman, which was received by the Central Government on

30.01.2017.

[No. L-28012/3/2015-IR (M)]

RAJESH KUMAR, Under Secy.

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JAIPUR

BHARAT PANDEY, Presiding Officer

I.D. 62/2015

Reference No. L- 28012/3/2015-IR (M) Dated: 4.6.2015

Sh. Rameswarlal

S/o Sh. Chunni Lalji Bhat

Residents – Kheda Jassa, Diver,

Tehsil – Bhim, Distt. – Rajsamand,

Rajsamand (Rajasthan)

V/S

The General Manager

M/s. R.K. Marbles Pvt. Ltd.,

Morwad, Distt. Rajsamand (Rajsthan)

Rajsamand – 313901.

AWARD

21.12.2016

1.

The Central Government in exercise of the powers conferred under clause (d) of Sub Section 1 & 2 (A) of

Section 10 of the Industrial Disputes Act 1947 has referred the following Industrial dispute to this tribunal for

adjudication:-

674 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

“Whether the action of the Management of M/s. R.K. Marbles Pvt. Ltd., Morwad, Distt. Rajsamand (Raj) in

terminating the services of Sh. Rameswarlal S/o Sh. Chunni Lalji Bhat w.e.f. 26.3.14 is justified? If not, what

relief the workman is entitled to?”

2.

Pursuant to the receipt of the reference order, registered notices were issued to the parties as per the order of the

tribunal fixing 16.11.2015 for filing statement of claim. On 16.11.2015 both the parties appeared before the tribunal &

case was adjourned on the request of applicant for filing statement of claim till 25.1.2016. on 25.1.2016 both the parties

appeared & applicant prayed for adjournment which was allowed fixing 4.4.2016 for filing statement of claim. On

4.4.2016 learned representative of both the parties appeared & authority on behalf of applicant was filed. Learned

representatives & learned advocates were out of work on account of condolence. Adjournment in favour of applicant

was allowed fixing 24.5.2016 for filing statement of claim.

3.

On 24.5.2016 learned representative for opposite party Sh. Nitin Kumar Jain appeared. None appeared on behalf

of applicant however, case was adjourned in interest of justice providing opportunity to the applicant to file statement

of claim by next date 8.8.2016. On 8.8.2016 neither anyone appeared on behalf of applicant nor statement of claim was

filed. Learned representative on behalf of opposite party was present. Presiding Officer was on leave. Case was

adjourned fixing 24.10.2016 for filing statement of claim.

4.

On 24.10.2016 neither anyone appeared on behalf of applicant nor statement of claim was filed. Sh. Achal Singh

Rathore, Manager (Personnel & Administration) appeared on behalf of opposite party & objected to providing

opportunity to the applicant in spite of absence of applicant & in presence of opposite party. It was further contended

that if tribunal provides further opportunity to the applicant then it may be last opportunity to file statement of claim.

Accordingly, further one more opportunity was given to the applicant in interest of justice as last opportunity for filing

statement of claim on 24.11.2016.

5.

On 24.11.2016 neither anyone appeared on behalf of applicant nor statement of claim was filed. Learned

representative on behalf of opposite party came in appearance & objected to none filing of statement of claim by

applicant & requested to close the further proceeding & not to give further opportunity to the applicant, however, case

was adjourned providing last opportunity to the applicant for filing statement of claim on 20.12.2016. It is pertinent to

note that learned counsel came in appearance after order & he was informed about the order dated 24.11.2016

providing last opportunity to the applicant for filing statement of claim till 20.12.2016. On 20.12.2016 none appeared

on behalf of applicant & statement of claim was also not filed. Learned representative for opposite party came in

appearance & objected to providing any further opportunity to the applicant & alleged that applicant has been in

appearance since 16.11.2015 but has failed to file statement of claim hence, further proceeding may be closed. On

20.12.2016 till 17.45 hours neither anyone appeared on behalf of applicant nor statement of claim was filed.

Accordingly, further opportunity to the applicant for filing statement of claim was closed & case was reserved for

award.

6.

It is pertinent to note that reference order dated 4.6.2015 was sent by Ministry to applicant with direction to file

statement of claim within 15 days from the date of receipt of reference. Applicant has neither filed statement of claim

on the direction of Ministry nor on notice & knowledge of the proceeding pending before the tribunal. It appears that

applicant is not interested & willing in submitting the claim for adjudication. In the circumstances & in the absence of

material evidence brought on record, tribunal is unable to record the finding against the reference under adjudication on

merit. Accordingly, “No Claim Award” is passed in this matter. The reference under adjudication is answered

accordingly.

7.

Award as above.

BHARAT PANDEY, Presiding Officer

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 329-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ

Hkkjrh; thou chek fuxe 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;] gSnjkckn ds iapkV (lanHkZ la[;k 13@2014) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj

dks 03-02-2017 dks çkIr gqvk FkkA

¹la- ,y&17011@5@2013&vkbZvkj (,e)º

jkts'k dqekj] voj lfpo

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

675

New Delhi, the 6th February, 2017

S.O. 329.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 13/2014) of the Central Government Industrial Tribunal/Labour

Court, Hyderabad now as shown in the Annexure, in the industrial dispute between the employers in relation to the

management of M/s. Life Insurance Corporation of India and their workman, which was received by the Central

Government on 03.02.2017.

[No. L-17011/5/2013-IR (M)]

RAJESH KUMAR, Under Secy.

ANNEXURE

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

HYDERABAD

Present : Sri Muralidhar Pradhan, Presiding Officer

Dated the 21st day of December, 2016

INDUSTRIAL DISPUTE No. I.D. 13/2014

Between:

The President,

Insurance Employees Union

7-530, Godugpet, Turlapativari Street,

Machilipatnam- 521001 Krishna District

Andhra Pradesh

…Petitioner

AND

The Sr. Branch Manager,

LIC of India, Branch Office, City Branch (686)

Jeevan Krishna, Besent Road,

Vijayawada – 520002

Krishna District, Andhra Pradesh

…Respondent

Appearances :

For the Petitioner

:

Sarosh Bastawala, Advocate

For the Respondent

:

Shri BSR Murthy, Advocate

AWARD

The Government of India, Ministry of Labour by its order No. L-17011/5/2013-IR(M) dated 21.08.2013

referred the following dispute between the management of M/s LIC of India and their workman under section 10(1)(d)

of the I.D. Act, 1947 for adjudication to this Tribunal. The reference is,

SCHEDULE

“Whether the demand of Insurance Employees Union, Machilipatnam to regularize services of Sh Tokala

Satish Kumar and Sh Sanam Durga Rao as peons in the LIC of India Branch-I (686), Vijayawada Branch

Office is legal and justified? If not, what relief the workmen are entitled?”

The reference is numbered in this Tribunal as I.D. No. 13/2014 and notices were issued to the parties concerned

to appear before this tribunal on 2.4.2014.

2.

On 2.4.2014, Shri Saroth Bastawala, Advocate filed vakalath for petitioner and sought time to file claim

statement. The case is adjourned for several dates i.e. 3.4.2014, 30.4.2014 …. so on and finally for today i.e.

21.12.2016. For the last six adjournments, both petitioner union and Respondent remained absent inspite of repeated

calls.

3.

In spite of availing several opportunities, the petitioner has not filed claim statement. the Petitioner union and

Respondent remained absent and there is no representation on behalf of the Petitioner union as well as Respondent,

which clearly indicates that perhaps the dispute of the Petitioner unions has already been settled. In the circumstances

stated above, it is felt that the Petitioner union is not interested in pursuing the dispute. Thus, ‘No dispute’ award is

passed.

676 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

Award is passed accordingly. Transmit.

Typed to my dictation by Shri J Vijaya Sarathi, Secretary to the Court, corrected by me on this the 21st day of

December, 2016.

MURALIDHAR PRADHAN, Presiding Officer

Appendix of evidence

Witnesses examined for the Petitioner

Witnesses examined for the Respondent

NIL

NIL

Documents marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 330-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ ,p-

Mh-,iQ-lh- LVSaMMZ ykbiQ ba';ksjsal da- 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;] ,ukZdqye ds iapkV (lanHkZ la[;k 44@2014) dks çdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 03-02-2017 dks çkIr gqvk FkkA

¹la- ,y&17012@116@2014&vkbZvkj (,e)º

jkts'k dqekj] voj lfpo

New Delhi, the 6th February, 2017

S.O. 330.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 44/2014) of the Central Government Industrial Tribunal/Labour

Court, Ernakulam now as shown in the Annexure, in the industrial dispute between the employers in relation to the

management of M/s. HDFC Standard Life Insurance Company Ltd. and their workman, which was received by the

Central Government on 03.02.2017.

[No. L-17012/116/2014-IR (M)]

RAJESH KUMAR, Under Secy.

ANNEXURE

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

ERNAKULAM

Present : Shri. K. Sasidharan, B. Sc., LLB, Presiding Officer

(Monday the 26th day of December, 2016/05th Pausha, 1938)

ID No. 44/2014

Union

:

The General Secretary,

New Generation Banks & Insurance Employees Sangh,

BMS State Office, Marayii Lane,

Chittoor Road, Ernakulam, Cochin

COCHIN – 682018.

By Advs. Shri. T. C. Krishna & Shri C. Anil Kumar

Management

:

The Director (HR),

Corporate Office,

HDFC Standard Life Insurance Company Ltd.,

12th & 13th Floor, Lodha Enclave,

Appolo Mills Compound,

N. M. Joshi Road, Mumabi

MUMBAI - 11.

By Adv. Shri. Saji Isaac. K. J.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

677

This case coming up for final hearing on 16.12.2016 and this Tribunal-cum-Labour Court on 26.12.2016 passed

the following:

AWARD

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

Industrial Disputes Act, 1947 (Act 14 of 1947) the Central Government referred the following dispute before this

Tribunal for adjudication.

2.

The dispute referred for adjudication before this Tribunal is:

“Whether the action of the management of HDFC Standard Life Insurance Company Ltd. in dismissing two

workmen S/Shri Ajith Chandran and Shynu V. K. from service is justifiable? If not, what relief the

union/workman are entitled to get?”

3.

After the receipt of reference Order No.L-17012/116/2014-IR(M) dated 02.09.2014, issued by the Ministry of

Labour, Government of India, summons was issued to the parties to submit their pleadings, produce documents and

adduce evidence to substantiate their respective contentions. On receipt of the summons the parties entered

appearance through counsel and submitted their pleadings.

4.

The contentions in the claim statement filed by the union in brief are as follows:

The workmen involved in this reference S/Shri Ajith Chandran and Shynu. V. K. were employed as Business

Development Managers under the management establishment. Shri. Shynu. V. K. joined the management

establishment on 18.02.2008 as Sales Development Manager and in November, 2008 he was posted as Business

Development Manager. Shri. Ajith Chandran joined in the management establishment on 31.08.2012 as Business

Development Manager. Even though the workmen were designated as Business Development Managers, they were not

entrusted with any managerial, administrative or supervisory powers. They have to organize and develop the business

of the management in the area allotted to them, for which they have to recruit active and reliable agents provide

training to them, canvass new business and assist such agents in discharge of their duty. The workmen were not having

the authority to appoint or initiate disciplinary action against any of the agents. They were not having the power to

supervise the work of the agents except to provide assistance in discharging their work. The job of the workmen was

akin to that of the development officers in Life Insurance Corporation. Therefore they will come under the purview of

“workman” as defined under Section 2(s) of the Industrial Disputes Act, 1947.

5.

Shri. Ajith Chandran was the District Secretary of the New Generation Banks & Insurance Employees’ Sangh of

Trichur unit and Shri. Shynu. V. K. was the State Secretary. Both of them were actively involved in the union

activities. The union submitted a charter of demands as per notice dated 02.01.2013 before the management in

relation to the wage revision and illegal termination of some employees working under the management. The

management was not ready to negotiate the dispute and resolve the issues. The union called for a strike on 27.03.2013

and a demonstration was held. Shri. Ajith Chandran and Shri. Shynu. V. K. led the demonstration against the

management. On the next day i.e., on 28.03.2013 the management dismissed them from service.

6.

The termination of the workmen by the management was summary, against law and in flagrant violation of the

principles of natural justice. No valid notice or notice pay was given to the two workmen. Moreover the management

has not issued any show cause notice or conducted enquiry against the workmen. The reason for termination stated by

the management was not genuine. The workmen never involved in any illegal activity nor committed any misconduct.

They have not done any act affecting the confidence reposed in them. They were subjected to unfair labour practice

and victimization for their active involvement in trade union activities.

7.

The workmen were getting a total emolument of `23,500/- per month by way of salary. Ever since the date of

termination they are not having any employment. Therefore the workman have requested to pass an award directing

the management to reinstate them in service with full back wages, continuity of service and all other benefits thereof.

8.

The contentions in the written statement filed by the management in brief are as follows:

The management has denied all the averments in the claim statement filed by the union except those that are

specifically admitted. Shri. Ajith Chandran and Shri. Shynu. V. K. were appointed as Business Development Managers

with managerial functions. Both of them were employed in the managerial/administrative and supervisory capacity.

They were responsible for effectively managing the office management of the branch. Therefore they are not

employees/workmen as defined under the Industrial Disputes Act. Hence this Tribunal has no jurisdiction to adjudicate

the issue referred for decision. The management has requested to consider this aspect as a preliminary point.

9.

Without prejudice to the contentions raised above, the management has stated that the contentions of the

workmen that they led strike against the management, which infuriated them and on the very next day they were

dismissed from the service is false and incorrect. Shri. Shynu. V. K. and Shri. Ajith Chandran affiliated to the union

678 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

threatened the employees of the management causing disruption to the office work. They posed serious threat to the

employees working under the management. Shri. Shynu. V. K. indulged in activities such as displaying poster,

wrongfully restraining fellow employees from attending the training programme and instigated them not to solicit

business. They intimidated the other workers with text messages and phone calls with dire consequences. The

management was constrained to sever the services of S/Shri. Shynu. V. K. and Ajith Chandran for the reason that they

have grossly violated the conduct to be maintained at the workplace. The management submitted a complaint before

the Circle Inspector of Police, Nadakkavu police station relating to this incident.

10.

After serving the letter by the management to S/Shri. Shynu. V. K. and Ajith Chandran, they along with other

members of the union came inside the office of the company, broke the laptops and disrupted the functioning of the

office. They also manhandled some employees of the management who had to take medical care. The management

approached the Hon’ble High Court for police protection by filing WP(C) No.10700/2013. As per the order in that

Writ Petition, the Hon’ble High Court of Kerala directed the Circle Inspector of Police, Nadakkavu police station to

provide adequate protection those employees who are working in the company and for the free ingress and egress of

customers to the office at Chakkorathukulam against the union and its Secretary Shri. Shynu. V. K. Both S/Shri. Ajith

Chandran and Shynu. V. K. created problems affecting the functioning of the office of the management. The actions of

S/Shri. Shynu. V.K. and Ajith Chandran were detrimental to the interest of the company. They have violated the

procedure and code of conduct as per the terms and conditions of appointment. Accordingly they were terminated

without notice. Their performance was below the defined targets as applicable from time to time.

11.

The averment that the management has not issued any show cause notice preceding the termination is not correct.

The further averment that the workmen never indulged in any illegal activities, has not done any act of misconduct, is

false and incorrect. The contention that the workmen were subjected to unfair labour practice and victimization is false

and incorrect. They have requested to uphold their contentions.

12.

After filing written statement by the management the counsel for the management filed IA No.132/2015

requesting to consider the maintainability of the reference, as a preliminary point. As per the order in that application it

is held that the industrial dispute raised by the union at the instance of S/Shri. Ajith Chandran and Shynu. V. K. is

not maintainable before this Tribunal for the reason that both of them will not come under the purview of “workman”

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

13.

After the disposal of that Interlocutory Application the matter was heard in presence of the counsel appearing for

the parties.

14.

The point for arising for consideration is:

“Whether the dispute raised at the instance of the union in respect of S/Shri. Ajith Chandran and Shynu. V.K. is

maintainable before this Tribunal?”

The Point:-

15.

The contention of the workmen involved in this reference S/Shri.Ajith Chandran and Shynu. V. K. are that they

were working as Busioness Development Managers under the management. They have stated that they have to

organize and develop the business for the management in the area allotted to them, for which they have to recruit active

and reliable agents, train them, canvass new business and assist the agents in discharging their duties. It is stated that

the workmen involved in this reference have no power to supervise the work of the agents except to assist them in

discharging their duties. It is stated that the job of the workmen involved in this reference was akin to that of the

development officers in Life Insurance Corporation of India and as such they will come under the purview of

“workman” as defined under Section 2(s) of the Industrial Disputes Act. They have stated that their monthly

emolument was `23,500/- by way of salary.

16.

The management has contended that the workmen involved in this reference namely, S/Shri. Ajith Chandran and

Shynu. V. K. were appointed as Business Development Managers and they were performing the managerial and

administrative functions and they were responsible for effectively managing the office management of the branch.

Therefore the management has contended that S/Shri. Ajith Chandran and Shynu. V. K. are not “workmen” as defined

under Section 2(s) of the Industrial Disputes Act.

17.

The learned counsel for the management referred to the Ruling reported in 1994 (5) SCC 737 H. R. Adyanthaya

Vs. Sandoz (India) Limited & Ors. wherein the Hon’ble Supreme Court has held that:

“Medical representatives do not perform duties of skilled and technical nature and, therefore they are not

workmen.”

In the Ruling reported in AIR 2015 SC 2275 – Chauharya Tripathi & Ors. Vs. LIC of India &Ors. wherein the Hon’ble

Supreme Court has held that:

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

679

“the Development Officers working in the LIC are not workman as defined under Section 2(s) of the Industrial

Disputes Act.”

18.

The workmen have in clear terms admitted that their work is akin to that of the Development Officers working in

the Life Insurance Corporation of India. In the decision referred above the Hon’ble Supreme Court has held that the

Development Officers working in the LIC are not “workman” as defined under Section 2(s) of the Industrial Disputes

Act. In view of the dictum laid down by the Hon’ble Supreme Court in the decision referred above it is evident that

the dispute referred for adjudication at the instance of the union for and on behalf of S/Shri Ajith Chandran and Shynu.

V. K. is not maintainable before this Tribunal for the reason that both of them will not come under the purview of

“workman” as defined under Section 2(s) of the Industrial Disputes Act.

19.

Therefore the point for consideration is answered against the union and in favour of the management.

20.

In the result an award is passed holding that this Tribunal has no jurisdiction to adjudicate the dispute referred for

decision for the reason that the persons involved in this reference i.e., S/Shri Ajith Chandran and Shynu. V. K. will not

come under the purview of “workman” as defined under Section 2(s) of the Industrial Disputes Act, 1947.

The award will come into force one month after its publication in the Official Gazette.

Dictated to the Personal Assistant, transcribed and typed by her, corrected and passed by me on this the 26th day

of December, 2016.

SASIDHARAN K., Presiding Officer

APPENDIX

-

NIL

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 331-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ

Hkkjrh; thou chek fuxe 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;&2] ubZ fnYyh ds iapkV (lanHkZ la[;k 62@2009) dks çdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 30-01-2017 dks çkIr gqvk FkkA

¹la- ,y&17012@6@2009&vkbZvkj (,e)º

jkts'k dqekj] voj lfpo

New Delhi, the 6th February, 2017

S.O. 331.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 62/2009) of the Central Government Industrial Tribunal/Labour

Court-2, New Delhi now as shown in the Annexure, in the industrial dispute between the employers in relation to the

management of M/s. Life Insurance Corporation of India and their workman, which was received by the Central

Government on 30.01.2017.

[No. L-17012/6/2009-IR (M)]

RAJESH KUMAR, Under Secy.

ANNEXURE

BEFORE SH. HARBANSH KUMAR SAXENA, PRESIDING OFFICER, CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO. II, KARKARDOOMA COURT COMPLEX, DELHI-110032

I.D. No. 62/2009

Sh. Rajveev Kumar

…Workman

Versus

L.I.C of India

…Respondent

AWARD

Labour Ministry of Govt. of India send reference No-L-17012/6/2009-IR(M) dated 5.10.2009 to the CGIT-Cum-

Labour Court-2, Karkardooma Court Complex Delhi for adjudication.

Which was register on 13/10/2009 as I.D. No. 62 of 2009.

680 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

Notice was issued to workman/respondent for filing of claim statement/response to reference. After service of

notice workman filed claim statement on 30/12/2009. Wherein he alongwith other facts pleaded that he had been in

employment of Management of L.I.C. Modipura Branch, Meerut (U.P) since 26.4.2004 to 2.1.2005 on the monthly

salary of Rs.1958/-. He was appointed as waterman cum fourth class employee.

He served the management and his superiors with full devotion and dedication to the utmost satisfaction of the

management during entire tenure of services.

He continuously worked for more than 240 days. Even then his services were orally and illegally terminated on

3.1.2005. At the time of his illegal termination he was not paid compensation according to provisions of Section 25-F

I.D. Act 1947 and arrears of his salary etc.

Workman send demand notice through registered post-to management for his reinstatement, back wages,

continuity of his services and salary of July 2004 to January 2005 which was served upon management but

management neither considered it nor complied the same.

That workman presented his dispute before Conciliation officer/Assistant Labour Commissioner (Central)

Dehradun but the Conciliation officer send failure report to the Ministry of Labour for making the reference to this

tribunal for adjudication in the matter.

Labour Ministry of Govt. of India send reference to this Tribunal for adjudication :

“Whether Sh Rajeev Kumar, temporary waterman-cum-peon has worked with L.I.C of India, Modipuram Branch

for the period from 26.4.2004 to 2.1.2005? If so, whether the action of the management of L.I.C of India is

discharging/terminating his service w.e.f. 3.1.2005 is just and legal? What relief the workman is entitled to?”

Through claim statement workman prayed for his reinstatement in service with full back wages and continuity of

services along with all legal perks.

Copy of claim statement supplied to Ld. A/R for Management on 30.12.2009 and fixed 26.2.2010 for filing of

written statement by my Ld. Predecessor. On 26.2.2010 management sought adjourned which allowed and case was

adjourned to 20.5.2010 for filing of written statement. by Ld. Predecessor.

On 20/5/2010 management again sought adjournment which was allowed and case was adjourned to 16.7.2010

for filing of written statement.

On 16.7.2010 management filed its written statement. after about six half month although I.D case is required to

be decided within three months according provisions of I.D Act, 1947.

Copy of written statement supplied to Ld. A/R for workman by Ld. A/R for management on 16.7.2010 and

22.10.2010 was fixed for filing rejoinder.

On the basis of contents of written statement management of L.I.C prayed that the claim of the workman may

kindly be dismissed and same be dismissed with heavy cost(s).

On 22/10/2010 workman filed his rejoinder. Through which the reaffirmed the contents of claim statement. On

22.10.2010 my Ld. Predecessor fixed 21.12.2010 for framing of issues etc.

On 21.12.2010 it was submitted by Ld. A/Rs for parties that no issue other than the one sent by the Labour

Ministry of Central Government is to be framed. Hence my Ld. Predecessor fixed 21.3.2011 for evidence of the

workman by way of affidavit.

On 21.3.2011 workman sought adjournment which was allowed and case was adjourned to 8/7/2011.

On 8.7.2011 workman filed his affidavit in his evidence. Copy of which supplied to other party and fixed

6/9/2011 for statement of workman.

On 9.6.15 application dated 11.12.2013 and 8.1.2015 of workman has been disposed off by me through following

order :-

“I have heard the arguments on the point of disposal of application dated 11.12.2013 and application dated

8.1.2015 and its relative objections. Application dated 8.1.2015 has been moved by workman to direct the

management to produce the documents mentioned in it. But objections/reply of aforesaid application shows that

such documents are not are not in possession of management as workman is contractual employee.

It is also alleged by Ld. A/R for the management that original documents shall be in possession of workman. In

these circumstances management cannot be directed to produce the documents mentioned in application dated

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

681

8.1.2015.But workman shall be at liberty to adduce secondary evidence in this respect. As the stage of workman

evidence which is running.”

Through, application dated 11.12.2013 workman sought permission to file additional affidavit alongwith

Photostat copies of certain documents annexed with application.

As case is running at the stage of workman evidence. So in the interest of justice application dated 11.12.2013 is

allowed. Fixed 13.7.2015 for workman evidence.”

On 18/8/15 workman tendered his affidavit and his additional affidavit along annexed documents and I fixed

23.9.15 for cross examination of WW1.

On 23.9.15 cross examination of WW1 concluded and I fixed 20.11.15 for remaining evidence of workman.

On 5.1.16 remaining/further evidence of workman closed by Ld. A/R for workman on the instruction of workman

and I fixed 17.2.16 for management evidence.

On 17.2.16 management filed affidavit of MW1. Copy of which supplied to workman. Fixed 14.3.16 for tender

of affidavit of MW1 and his cross examination.

On 14.3.16 – MW1 tendered his affidavit and he was partly cross examined and 19.4.16 was fixed for his

remaining cross. MW1 was directed to come with file or personal Dairy on 19.4.16.

On 19.4.16 MW1 incompliance of my previous order filed official letter to show that documents called for are

not available in office of Management. Letter was introduced on record. Thereafter MW1 was further cross examined.

His cross examination concluded. Afterward Ld. A/R for management on the instruction of MW1 closed

evidence of management.

Fixed 4/7/16 for arguments. On 4.7.16 workman himself sought adjournment. Hence case was adjourned to

1.8.16.

On 1.8.16 with the consent of parties the case adjourned to 23/8/16. On 23/8/16 Ld. A/R for workman orally

argued. He expressed his desire to file written argument hence I fixed 6.10.16.

On 6.10.16 workmen sought adjournment which was allowed and case was adjourned to 19.10.16.

On 19.10.16 written argument on behalf of workman filed. Copy of which supplied to management. Fixed

2.11.16 for filing of written argument by management.

On 2.11.16 written argument filed by management. Copy supplied to workman. Workman also filed additional

written argument. Copy supplied to mgt. I fixed 21.11.16 for filing of additional written argument by mgt. if any.

On 21.11.16 additional written argument by Mgt filed. Then I reserved the award.

In the light of contentions and counter contentions of Ld. A/Rs for the parties. I perused the pleadings and

evidence of parties, contents of written argument and principles laid down in cited rulings including settled law of

Hon’ble Supreme Court etc. on the points raised by Ld. A/Rs for the parties.

Perusal of reference shows that it was sent to this Tribunal for adjudication. Which contains following questions

of determination mentioned in schedule of reference.:-

1.

Whether Sh. Rajeev Kumar Temporary Waterman-Cum-Peon has worked with L.I.C of India Modipuram

Branch for the period from 26.04.2004 to 2.01.2005 i.e. 252 days ? If so, whether the action of the

management of L.I.C in disengaging /terminating his services w.e.f 3.01.2005 is just and legal?

2.

What relief the workman is entitled to ?

Notices were sent to claimant /respondent /management of L.I.C to file claim statement /response to reference.

Workman filed claim statement. Where-in he pleaded that he worked since 26.04.2004 up-to 2.01.2005. his

Salary was Rs. 1958/- p.m.

The case of workman is that he worked after 19.07.2004 till 2.01.2005.

Workman claimed reinstatement with back wages including his unpaid wages since 1.07.2004 to 2.01.2005.

Management filed its written statement on16.07.2010.Where-in it alleged that workman worked since 230.4.2004

to 19.07.2004.

682 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

Workman himself has not claimed his working in management of L.I.C. since 23.04.2004.

It is relevant to mention here that date 2304.2004 is the date of issuance of appointment letter to workman.

It appears that due to inadvertence in instruction to Ld. A/R for the management such date has been mentioned in

written statement as date of commencement of working of workman.

It is further relevant to mention here that management of L.I.C pleaded that bills /memo and attendance register

filed in evidence by workman are fake and manipulated.

Workman through his reliable and credible oral evidence and permissible documentary evidence proved his case.

L.I.C could not produce any evidence of fakeness and maculation of bills/Memo and attendance register.

Aforesaid stand of management appears to have been taken by it to defeat the benefit accruing to workman u/s

25-B(1) I.D. Act and S.25-F I. D. Act as no retrenchment compensation was provided by management to workman.

As per settled law of Hon’ble Supreme workman is entitled to reinstatement with full back wages including his

unpaid salary since 1.07.2004 to 2.01.2005at the rate of Rs. 1958/- p.m. because in the instant case

employer/management of L.I.C . could not prove gainful employment of workman as per principle laid down by their

Lordship of Hon’ble Supreme Court in case of Deepali Gundu Surwase Vs. Kranti Junior Adhyapak Mahavidyalaya

(D.E.D) & Ors. (2013) 10 S.C.C 324.

Which has been followed by his Lordship of Hon’ble High Court of Rajasthan in case of Manager Muslim

Musafir Khana Moti Doongri Jaipur Vs. Zahir Khan 2016 L.L.R.1257 .

It is relevant to mention here that as per settled law S. 25-f of I.D. Act 1947 is applicable to ad hoc temporary

employees, badly workman or to a daily rated workman so question of determination No.1 & 2 mentioned in the

schedule of reference are liable to be decided in favour of workman and against management.

After decision of case of H.D. Singh Vs. R.B.I(1985) 4 S.C.C. 201 it is settled law of Hon’ble Supreme Court

that employers failure to produce the attendance register to controvert the workman’s claim as to the number of days he

had actually worked , will lead to an inference of the correctness of the workman’s claim.

In the instant case workman on 8.01.2015 moved an application for summoning the original attendance register.

But management submitted report that original attendance register is not in possession of management as workman is

contractual employee then this Tribunal on 9.6.2015 passed detailed order and permitted workman to lead secondary

evidence. Which he produced and proved that he worked for more than 240 days continuously in a calendar year hence

he is entitled for benefit of Sub. S(1) of S.25-B of I. D. Act His oral and secondary evidence on the points of documents

mentioned in his application u/s 11(3) I.D. Act is required reliable and credible evidence specially in this case. Where-

in management of L.I.C. is withholding material evidence. So adverse inference against management of L.I.C. is also

being drawn as per provisions of S.114(g) of Indian Evidence Act as well as settled law of Hon’ble Supreme Court on

this point. Which has been followed in the recent decision of Hon’ble Supreme Court in case of Union of India vs.

Ibrahim uddin & Anr.

On the basis of aforesaid discussion I am of considered view that questions of determination No.1 & 2 mentioned

in the schedule of reference and treated as Issue No. 1 is liable to be decided in favour of workman and against

management of L.I.C. Which accordingly decided.

As question of determination No. 1 & 2 has already been decided in favour of workman. Hence question and

determination No. 3. Which is relating to relief is also liable to be decided in favour of workman and against

management of L.I.C. Which are accordingly decided.

Reference is liable to be decided in favour of workman and against management. Which is accordingly decided.

Claim statement is allowed. Workman Sh. Rajeev Kumar is reinstated with full back wages including unpaid

wages since 1.07.2004 to 2.1.2005and continuity of services . Management is directed to comply the Award within two

months after expiry of period of available remedy against this Award.

Award is accordingly passed.

Dated:-28/12/2016

HARBANSH KUMAR SAXENA, Presiding Officer

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

683

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 332-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ

,;jiksVZ vFkkWfjVh vkWiQ bafM;k ,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;&1] ubZ fnYyh ds iapkV (lanHkZ la[;k 85@2013) dks çdkf'kr djrh

gS] tks dsUnzh; ljdkj dks 30-01-2017 dks çkIr gqvk FkkA

¹la- ,y&11025@1@2017&vkbZvkj (,e)º

jkts'k dqekj] voj lfpo

New Delhi, the 6th February, 2017

S.O. 332.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 85/2013) of the Central Government Industrial Tribunal/Labour

Court-1, New Delhi now as shown in the Annexure, in the industrial dispute between the employers in relation to the

management of M/s. Airport Authority of India and other and their workman, which was received by the Central

Government on 30.01.2017.

[No. L-11025/1/2017-IR (M)]

RAJESH KUMAR, Under Secy.

ANNEXURE

IN THE COURT OF SHRI AVTAR CHAND DOGRA, PRESIDING OFFICER: CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT NO. 1, KARKARDOOMA COURT COMPLEX,

SHAHDRA, DELHI

ID NO. 85/2013

Shri Gorav S/o Sh. Pratap Singh,

R/o H. No. 167, Malikpur,

Delhi – 110009

…Workman

Vs.

1. M/s. Airport Authority of India

(Domestic Wing) Palam Airport,

New Delhi

2. M/s. Saxsons Air Services Pvt. Ltd.

8/10, Mehram Nagar, Delhi Cantt.

Opp. Domestic Airport,

New Delhi – 110010

…Management

AWARD

This case has been directly filed under the provision of sub-section (2) of section 2-A of the Industrial Disputes

Act, 1947 ( in short the Act) by the claimant with the averment that he was engaged as a helper on salary of Rs. 5000

per month. He has been performing his duty sincerely and honestly without any complain from the management.

2.

It is the case of the claimant that he was not being paid all the facilities available to a workman under the labour

laws, such as E.S.I, P.P.F., Bonus etc. The officials of the management obtained signature of the claimant on certain

blank paper by giving false assurance of grant of the above facilities to the claimant. The salary of the claimant for the

months of August 2011, September 2011 and October 2011 was withheld on 01/11/2011. When claimant approached

the management on 01/11/2011 for the payment of salary, he was given flat refusal. Thus, services of the claimant was

illegally terminated in violation of section 25-F and 25-G of the Act. Thereafter, on 05/07/2012 claimant wrote to the

management to reinstate him in service, but of no use.

3.

It is alleged in Para 5 of the claim statement that claimant raised the dispute before A.L.C. on 17/01/2013 which

ultimately under in failure. Lastly, a prayer has been made by the claimant for his reinstatement with all benefits of

back wages.

4.

The management did not file written statement despite grant of several opportunities. Since, no written statement

was filed on behalf of the management as such defence of the management was struck off vide order dated 28/04/2016.

Thereafter, the case was listed for evidence of the claimant.

684 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

5.

It is clear from the perusal of the record that claimant was granted three opportunities to bring evidence and

evidence of the claimant was not present even today. Thus, there is total remissness on part of the claimant to bring

evidence.

6.

The claimant has not entered into the witness box, so as to support the averments made in the statement of claim

nor any document has been proved by the claimant in the case. In such circumstances, this Tribunal is left with no

choice except to pass ‘no claim’ award. Accordingly, no claim/no dispute award in the present case for want of

evidence is passed. Let this award be sent to the appropriate Government, as required under Section 17 of the

Industrial Disputes Act, 1947, for publication.

Date: January 11, 2017

A. C. DOGRA, Presiding Officer

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 333-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ dqekj

baVjizkbtst ,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;&1] ubZ fnYyh ds iapkV (lanHkZ la[;k 139@2015) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks

30-01-2017 dks çkIr gqvk FkkA

¹la- ,y&30012@15@2015&vkbZvkj (,e)º

jkts'k dqekj] voj lfpo

New Delhi, the 6th February, 2017

S.O. 333.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 139/2015) of the Central Government Industrial Tribunal/Labour

Court-1, New Delhi now as shown in the Annexure, in the industrial dispute between the employers in relation to the

management of M/s. Kumar Enterprises and other and their workman, which was received by the Central Government

on 30.01.2017.

[No. L-30012/15/2015-IR (M)]

RAJESH KUMAR, Under Secy.

ANNEXURE

IN THE COURT OF SHRI AVTAR CHAND DOGRA, PRESIDING OFFICER, CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT NO. 1, KARKARDOOMA COURT COMPLEX, DELHI

ID NO. 139/2015

Shri Vikram Singh,

S/o Shri Uday Pal Singh,

D-3/90, Sector-20, Rohini,

New Delhi-

New Delhi-110086

…Workman

Versus

1. M/s. Kumar Enterprises,

F-55 (1st Floor),

Kirti Nagar,

New Delhi-

New Delhi-110015

2. M/s. IGL,

Sector-9,

R.K.Puram,

New Delhi-

New Delhi-110022

…Managements

AWARD

Central Government, vide letter No.L-30012/15/2015-IR(M) dated 25.05.2015, referred the following industrial

dispute to this Tribunal for adjudication:-

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

685

“Whether the removal of Sh.Vikram Singh w.e.f. 03/08/2014 was against the provisions of Industrial Disputes

Act 1947 ? If Yes, to what relief is the workman entitled to ?”

2. Both the parties were put to notices and claimant thereafter filed Statement of Claim. It is alleged that he was

employed with the management since 04/06/2010 as “Daily Salesman” (work of Gas filling) and last salary drawn by

the workman was about Rs.10,374/- per month. The workman was performing his duty honestly and sincerely and there

was no complaint against the job.

3. It is the case of the claimant, it was alleged that on 03/08/2014 the management terminated the services of the

workman without prior intimation and assigning any reason, on the pretext that on 03/08/2014 the Claimant was not

present on its duty and his attendance was marked. In fact that the workman was very much present in the

establishment. The claimant requested the management to pay his earned salary and for reinstatement in job, but of no

use. Thereafter demand notice was served upon the management but management did not file reply thereto. The

claimant has misplaced the copy of demand notice alongwith postal receipts some where and the claimant undertakes to

produce the same when the same will be traceable. Finally a prayer has been made by the Claimant/Workman for

reinstatement with all consequential relief, alongwith full back wages and earned salary, in tems of the reference.

4. The management contested the claim of claimant by filing Written Statement. And management raise some

preliminary objections and has admitted the factum of engagement of claimant on 01/02/2012 as Direct Sales Man and

his last salary was Rs. 10,374/-. It is further alleged that on 03/08/2014 the claimant was assigned to perform the duty

in “C” Shift from 4.8.2014 the claimant connivance with manager marked his presence but he was actually found

absent from assigned duty hrs. Thus Show Cause Notice dated 08/08/2014 was issued to the claimant calling upon him

to furnish an explanation. The management sent reminders vide letters dated 29.10.2014, 30.10.2014 & 12.11.2014

respectively, whereby the claimant was advised to report for duty. However no communication was received from

claimant, he is guilty of unauthorized absenteeism w.e.f 04.08.2014. The management has other averments of

Statement of Claim.

5. Today the matter was listed for appearance of the Claimant who did not appear on even on previous date of

heaing i.e. 28.11.2016. Even today the claimant is not present. This clearly shows that the claimant is not interested in

adjudication of the reference on merits. As such, this Tribunal is left with no choice, except to pass a ‘No

Dispute/Claim’ award. Let this award be sent to the appropriate Government, as required under Section 17 of the

Industrial Disputes Act, 1947, for publication.

Date: January 19, 2017

A. C. DOGRA, Presiding Officer

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 334-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj ;wdks cSad ds

izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vf/dj.k@Je U;k;ky; ua- 1] /uckn ds iapkV (lanHkZ la- 34@2014) dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 06-02-2017 dks

izkIr gqvk FkkA

[la- ,y&12012@07@2014&vkbZvkj (ch&II)]

jfo dqekj] MsLd vf/dkjh

New Delhi, the 6th February, 2017

S.O. 334.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 34/2014) of the Central Government Industrial Tribunal-cum-

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

Bank and their workmen, received by the Central Government on 06.02.2017.

[No. L-12012/07/2014-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1, DHANBAD

In the matter of reference U/S 10(1) (d) (2A) of I.D.Act.1947

Ref. No. 34 of 2014

686 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

Employer in relation to the management of UCO Bank, Deoghar .

AND

Their workman.

Present : Shri R.K.Saran, Presiding Officer

Appearances :

For the employers : Shri B.P.Bhattacharjee, Cheif Manager

For the Workman : Shri B.Prasad, Rep.

State : Jharkhand

Industry : Banking

Dated 23/12/2016

AWARD

By order No. L-12012 /07/2014/IR (B-II) dt. 10.03.2014, the Central Government in the Ministry of Labour has,

in exercise of powers conferred by clause (d) of sub-section(1) and sub section (2A) of Section 10 of the Industrial

Disputes Act, 1947, referred the following disputes for adjudication to this Tribunal:

SCHEDULE

“Whether the action of the management of UCO Bank, Deoghar is not absorbing Sri Surendra Ramani in the

service of Bank as peon is fair and justified? What relief the concerned workman is entitled?”

2.

The case is received from the Ministry of Labour on 24.03.2014. After receipt of reference, both Parties are

noticed, The Sponsoring Union files their written statement on 02.05.2014. The management files their written

statement-cum-rejoinder on 19.08.2014.No witness examined from both side, and no document is also marked as

exhibit.

3.

The case of the workman is that the concerned workman was orally appointed to discharge the duties of a peon at

Deoghar Branch from 10.06.1988.

4.

After appointment, the workman used to discharge all duties of peon from 10. AM to 6 PM regularly and some

times even beyond that as per the instruction of the Branch Manager and he was paid wages @ Rs. 30/- per day initially

which was raised to Rs. 60/- per day and lastly Rs. 80/- per day through debit voucher.

5.

It is further submitted by the workman that the management and the workman’s union entered into a settlement at

apex level on 12.09.89 in which daily rated workers who worked for 240 days during the last three years preceeding the

settlement were to be empanelled for permanent absorption in the service of the Bank as Peon under subordinate Cadre.

He worked up to March 1997. Hence the workman was entitled for his permanent absorption in the service of the Bank

as Peon but his case was not considered and he was terminated from service of the bank in gross violation of the

provision of I.D.Act 1947.

6.

It is also submitted by the workman that the workman approached the Hon’ble High Court,Patna with other

workman in which the Hon’ble High Court ordered that if the vacancies of class IV post is occur and if application is

filed by the petitioner must be considered. But during the preceding years over 400 daily rated workman were

permanently absorbed in the service of the Bank and about 100 personal drivers were regularised as peon but the case

of the present workman is not considered. The workman represented to the management for considering his case for

abosorption in the service of the Bank but without effect hence Industial dispute arose.

7.

On the other hand, the case of the management is that the workman was engaged on daily wages without any

advertisement and without following the due process of selection. Moreover the Branch Manager was not competent to

engage any person on the post of water boy cum peon on daily wages it is further pertinent to mention here that

workman has tried to mislead the Tribunal.

8.

It is further submitted by the management that, in his writ application filed on his behalf vide CWJC No.

4115/1997 wherein it was categoracally stated o behalf of the workman that he was engaged as water boy com peon on

daily wages by Branch Manager of the Bank and as such as per settlement dated 12.10.1989 Sri Surendra Ramani is not

entitled for absorption because in the said settlement it has been clearly mentioned that those who have engaged as

water boy on daily wage would not be eligible for being consider for absorption under this settlement. But the fact that

the workman was engaged as water boy-cum-peon but he has been intentionally supressed and only peon has been

mentioned in presenst reference.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

687

9.

The workman’s case is that he was working as peon under the UCO Bank management for long years, but

subsequently the bank management removed the workman from service. Hence this reference.

10.

It is the admitted case that the workman was working as daily wager workman and subsequently massenger as

per new Bank regulation and management removed the workman.

11.

In this case the only direction can be given to the management to take him as daily wager, and subsequently

taking workman his efficiency, regularise him relaxing norms. Direction of regularisation is not mandatory but taking

as daily weger is mandatory and he be adjusted in any branch of their bank, and subseqently be regularise.

This is my award.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 335-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj eksjeqxksok

iksVZ VªLV ds izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vf/dj.k@Je U;k;ky; ua- 2] eqEcbZ ds iapkV (lanHkZ la- 9@2010) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 06-02-2017 dks izkIr

gqvk FkkA

[la- ,y&36011@10@2009&vkbZvkj (ch&II)]

jfo dqekj] MsLd vf/dkjh

New Delhi, the 6th February, 2017

S.O. 335.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 9/2010) of the Central Government Industrial Tribunal-cum-Labour

Court No. 2, Mumbai as shown in the Annexure in the Industrial Dispute between the management of Mormugao Port

Trust, and their workmen, received by the Central Government on 06.02.2017.

[No. L-36011/10/2009-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.2, MUMBAI

PRESENT : M. V. DESHPANDE, Presiding Officer/Judge

REFERENCE NO. CGIT-2/9 of 2010

EMPLOYERS IN RELATION TO THE MANAGEMENT OF

MORMUGAO PORT TRUST

The Chairman

Mormugao Port Trust

Mormugao Harbour

Goa- 403 803.

AND

THEIR WORKMEN

The General Secretary

Mormugao Port & Railway Workers Union

Zaiboon Apartment

Near Cine EI-Monte

Vasco-da-Gama

Goa- 403 802.

APPEARANCES:

FOR THE EMPLOYER

:

Mr. M.B. Anchan, Advocate

FOR THE WORKMAN

:

Mr. G. Vijaychandran, Advocate

688 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

Mumbai, dated the 30th day of December, 2016

AWARD

The Government of India, Ministry of Labour & Employment by its Order No.L-36011/10/2009-IR (B-II), dated

18.01.2010 in exercise of the powers conferred by clause (d) of sub-section (1) and sub-section 2 (A) of Section 10 of

the Industrial Disputes Act, 1947 have referred the following industrial dispute to this Tribunal for adjudication:

“Whether the demand of Mormugao Port & Railway Workers Union, Goa for payment of HRA to Class III &

IV Employees of Mormugao Port, Goa at the revised rates from class ‘C’ to class B-1 w.e.f. 1/4/2004 is legal,

proper and justified. What relief these employees are entitled and from which date? What are other directions

necessary in the matter?”

2.

After receipt of the reference, notices were issued to both the parties. In response to the notice the second party

Union filed their Statement of Claim at Ex-12. According to second party Union Goa being re-classified as a B-1 Class

city, second party /Union requested party no 1/ employer, vide their letter no MPRWU/2004/G.188 DT. 5/2/2004 that

necessary orders be passed entitling the employees of MPT to draw HRA @ 17.5% of actual Basic pay and port

Allowance @ 2000/- p.m. instead of Rs 100/ p.m. It is their contention that the Govt. of India thorough its Under

Secretary placed the matter vide office memorandum no. 2(3)/E II (B)/04 dt. 1/3/2004 to Ministry of Finance,

Department of Expenditure, also recorded the revision of classification of Goa from the existing ‘C’ class to ‘B-1’ class

for the purposes of payment of HRA to the Central Government employees to take effect from 1/4/2004. The matter

was accordingly referred by the party 1/ employers to the Indian Ports Association vide their letter no. GAD/Pc-B/PC

B/3(24)/2004/P-191 dt 17/7/2004. The employer vide their letter GAD/PC B/1/ (18)/2004/2010 dt 10/8/2004,

accordingly intimated the workmen/ union of such reference. The employer also informed to Officer’s Association that

enhancement of HRA and payment of CCA pursuant to the re-classification of Goa as Class B-1 city was referred to

Indian Ports Association to be taken up with the Ministry of Shipping as it was not a local issue. The Indian Ports

Association placed the matter before the Ministry of Shipping and informed the interested parties that further follow up

may be done directly with the Ministry of Shipping. In the meanwhile the party no.2/ workmen served a strike notice

dt 8/11/2004 proposing to go on an indefinite strike on or after 8/12/2004 over the demands of PLI/PLR and HRA and

the conciliation efforts having failed the ALC (c) Vasco-da-Gama, Goa sent his report to the Secretary, Ministry of

Labour, Government of India, New Delhi indicating the Union’s willingness to refer the matter for arbitration. Ministry

of Labour did not however consider the matter of HRA fit for adjudication at this stage as the demand was under

consideration by the Ministry of Shipping and hence premature as far as adjudication by the Tribunal was concerned.

In the meanwhile, the Mormugoa Port Officers’ Association had discussions with the Secretary (Shipping) and the

Joint Secretary (Ports), Ministry of Shipping Government of India during their visit to the Port for pressing the demand

for revision of HRA on the basis of reclassification of Goa as B-1 from ‘C’ Class and their HRA was revised to 15%

(in place of existing 7.5%) p.m. of the Basic pays plus city compensatory allowance @ 180/- p.m. w.e.f. 1/1/2004.

However despite pursuing the matter with Party no.1/ employer and the Ministry of Shipping no decision was taken in

respect of the genuine demands of Class III & IV employees represented by the party no.2/workmen. The Ministry of

Labour having regard to the fact that no decision was taken by the Ministry of Shipping has now referred the matter for

adjudication before this Tribunal.

3.

It is contention of second party workmen that there is no justification in not extending the benefit of re-

classification of Goa from “C” class city to “B-1” class city in respect of Class III & IV employees whereas the same

has been extended on the basis of the same Memorandum dt 1/3/2004 of the Government of India which is stated to be

in respect of Central Government employees to Class I & II Officers of party no.1/ employer. The employer had

informed that their claim was referred to Indian Ports Association to be taken up with the Ministry of Shipping as it

was not a local issue. It is thus contention of second party workmen that as per Clause 12.2 of the Wage Revision

Settlement, the Port employees can opt for Central Govt. rates of HRA and therefore seek that their HRA and CCA be

fixed in accordance with Office Memorandum no.2 (3)/E II B/04 dated 1/3/2004 of Govt. of India HRA @ 15% of the

actual Basic pay and CCA as admissible as has been extended to the Class I & II Officers. Since the conciliation failed,

the Ministry of Labour has referred the dispute to this Tribunal.

4.

First party employer filed Written Statement at Ex-19 and opposed the claim on the ground that as regards the

demand of payment of HRA at revised rate, the matter is under consideration by the Ministry of Shipping. Therefore, it

is considered pre-mature to refer the claim for adjudication. It is contended that since the Ministry of Shipping has not

taken any decision to extend the benefit to employees of the MPT, the Government has referred the issue for

adjudication. The payment of enhanced rate of HRA to the employees is a policy decision of the Central Government

and since the Shipping Ministry has not taken any decision to extend the benefits of re-classification of Goa as B-1 city

from “C” class city, enhanced HRA was not paid to the employees. Issue is pending with the Shipping Ministry. Till

the time it is decided by the Shipping Ministry the workmen are not entitled to enhanced HRA. On these grounds

employer has sought the rejection of the Reference.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

689

5.

Following issues are framed at Ex-20. I reproduce the issues for my determinations along-with the findings

thereon for reasons to follow:

Sl. No

Issues

Findings

1.

Whether the workmen under reference are entitled to HRA at the

revised rate from Class C to Class B-1 w.e.f. 1/4/2004?

No.

2.

What relief the workmen are entitled to?

As per order

3.

What order?

As per order.

REASONS

Issue No. 1:

6.

Parties have not adduced oral evidence so far contention goes, it is main contention of workmen that admittedly

Union of India in its Budget of 2004 has elevated Goa as a Class B-1 city form Class-C for computing the HRA

allowance for the employees and the matter was taken up before MPT and Ministry of Shipping as well as Indian Port

Association. It is main contention of workmen that Indian port association had recommended and the employer MPT

also supported the case of the workmen that HRA to the employees of MPT should be given in terms of

recommendations of 7th Pay Commission. Even the employer of first party extended the benefit of enhanced HRA to

its Officers. In view of that it is a case of workmen that this anomaly be removed by giving benefits of enhanced HRA

to Class 3 and Class 4 employees.

7.

Ld Counsel for management vehemently argued that HRA is paid to the Officers and Employees based on wage

revision settlement of Officers and Employees respectively. The rates of HRA is calculated by Ministry of Finance

based on different rates specified on the basis of classification of cities by Government of India and wage settlement of

Officers and employees of Port. As per the Finance Ministry’s OM No. 2(30)/97-E-11 (B) dt 3/10/1997 Goa was

classified as Class ‘C’ with the rate of HRA applicable @ 7.5% of actual basic pay drawn and for cities classified as A

to B-2 and A-1, the applicable HRA was @ 15% and @ 30% respectively. Therefore all the Central Government Goa

Employees including Officers posted in Goa, were eligible for HRA @ 7.5%.

8.

It is matter of record that there is provision in the Wage Revision Settlement effective from 1/1/1997 of

employees under clause 12.2 that HRA payable to Government employees will also be available to Port Employees.

Similar provision revising HRA rates also exist for Officers in wage Revision Settlement effective from 1/1/1992 and

this practice is continued under para 5.1 of the Wage Revision of Officers effective from 1/1/1997. In case of both

employees and Officers, under the Wage Revision, there is a proviso that HRA applicable to Government employees

will also be available to port Employees/ Officers. But then officers were allowed HRA @ 7.5% whereas Class III

&IV employees were allowed to draw HRA up to 15 % of basic pay which was more than 7.5% to which Central

Government employees in Goa were entitled, as Goa was re-classified as Class ‘C’ under the Ministry of Finance order

dated 3.10.1997. Though HRA for class III & IV employees was supposed to be 7.5 % based on re-classification of

Goa as Class ‘C’, as the above order of Finance Ministry on par with officers of Port, Class II & IV employees were

paid 15%, based on negotiations during the wages revision with the Labour Federation.

9.

In view of that the submission is that Class III & IV employees were already drawing 15% i.e. maximum HRA

for which Central Govt. Employees posted in Goa were entitled, under MoF consequent to re-classification of Goa

from Class C to B-2 and hence no benefit over and above 15% of HRA could have been considered to Class- III & IV

employees, without revision of the same under wage settlement or approval of Ministry of Shipping. In view of that the

submission is that since the matter was submitted before MoS (Ministry of Shipping) through IPA for approval vide

letter No. GAD/Pc-B/3 (24) 2004/ P-191 dt 17/7/2004 and letter of IPA to MoS vide Ref No. IPA/Md/BWNC/2003

(Vol-III) dt. 4/8/2004 and the approval of Ministry on the matter is still awaited, the claim itself is premature. The

claim of the Officers for enhancing HRA from 7.5% to 15% was considered and approved as it was permissible to raise

HRA up to 15% within the ambit of MoF (Ministry of Finance) Order dt 3/10/1997 for enhance in the HRA as claimed

by them. As such the approval of HRA at revised rate the matter is under consideration by the Ministry of Shipping.

Since no such approval is given by Ministry of Shipping and issue is pending in the Shipping Ministry till the time it is

decided by the Ministry of Shipping. Since the matter is before Ministry of Shipping for consideration for necessary

approval, I find that the Claim of workmen is premature and in absence of any approval from Ministry of Shipping,

they were not entitled to HRA at the revised rate from Class ‘C’ to Class ‘B-1’ w.e.f. 1/4/2004 as claimed by them.

Issue no. 1 is answered accordingly in negative.

690 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

Issues nos. 2 & 3:

10.

In view of finding on issue No. 1 the workmen are not entitled to any relief as claimed by them. Reference is

liable to be rejected.

11.

In the result, I pass following order:

ORDER

Reference is rejected with no order as to costs.

Date: 30.12.2016

M. V. DESHPANDE, Presiding Officer

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 336-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj ;wdks cSad ds

izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vf/dj.k@Je U;k;ky;] t;iqj ds iapkV (lanHkZ la- 19@2015) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 06-02-2017 dks izkIr

gqvk FkkA

[la- ,y&12011@103@2014&vkbZvkj (ch&II)]

jfo dqekj] MsLd vf/dkjh

New Delhi, the 6th February, 2017

S.O. 336.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 19/2015) of the Central Government Industrial Tribunal-cum-

Labour Court, Jaipur as shown in the Annexure in the Industrial Dispute between the management of UCO Bank and

their workmen, received by the Central Government on 06.02.2017.

[No. L-12011/103/2014-IR (B-II)]

RAVI KUMAR, Desk Officer

vuqca/k

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

lh-th-vkbZ-Vh- izdj.k la- 19/ 2015

Hkjr ik.Ms;] ihBklhu vf/kdkjh

jsQjsUl ua. ,y-12011/103/2014–vkbZvkj (ch-II) fnukad 27/02/2014

v/;{k]

vf[ky jktLFkku cSad lQkbZ deZpkjh dkaxzsl]

edku ua- 40] pkaofj;k ekXkZ]

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t;iqj & ¼jktLFkku½

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vapy dk;kZy;] vkdsZM baVjus'kuy]

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t;iqjA

izkFkhZ dh rjQ ls

% Jh egsUnz dqekj pkSgku & ,MoksdsV

vizkFkhZ dh rjQ ls

% Jh lqjsUnz flag & ,MoksdsV

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

691

% iapkV %

fnukad % 28- 12- 2016

1-

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fdl vuqrks"k dks ikus ds vf/kdkjh gS\

3-

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ckn Hkh mUgsa iw.kZdkfyd fu;qfDr;ka ugha fn;s tkus rFkk vizkFkhZ }kjk muds O;fDrxr okgu pkydksa dks iw.kZdkfyd fu;qfDr

ns nsus ds lanHkZ esa izkFkhZ }kjk {ks=h; Je vk;qDr] dsUnzh; ,oa le>kSrk vf/kdkjh t;iqj ds le{k ekax i= fn;k x;kA vizkFkhZ

}kjk 28 vizSy 2013 dks xqipqi rjhds ls fcuk fdlh foKfIr ds HkrhZ fd;s tkus ds fo:) izkFkhZ us fnukad 18-8-12 dks ,d

i= fy[kk] ysfdu vizkFkhZ }kjk mldk dksbZ tokc ugha fn;k x;kA blds ckn iqu% izkFkhZ us fnukad 24-9-2012 dks ,d i=

vizkFkhZ dks fy[kk] ysfdu vizkFkhZ us izkFkhZ ds nksuksa i=ksa dk dksbZ tokc ugha fn;kA

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}kjk ikyu ugha fd;k tk jgk gS rFkk Je foHkkx ds fu;eksa dh vogsyuk dh tk jgh gSA

6-

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iw.kZdkfyd fu;qfDRk ugha fn;s tkus ij izkFkhZ us vizkFkhZ ls mUgsa iw.kZdkfyd fu;qfDr fn;s tkus dh ekax dh] ysfdu izkFkhZ ds

ekax i= ij vizkFkhZ us dksbZ lgkuqHkwfriwoZd dk;Zokgh ugha dhA jk"Vªh; vuqlwfpr tutkfr vk;ksx o jk"Vªh; lQkbZ deZpkjh

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fu;qfDRk nsus ds funsZ'k cSad izcU/ku dks nh gS] ysfdu blds ckn Hkh vizkFkhZ us lQkbZ deZpkfj;ksa dks iw.kZdkfyd inksa ij

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7-

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le{k is'k dh ftlesa nf'kZr lQkbZ deZpkjh yxHkx 20&25 o"kZ ls dk;Z dj jgs Fks ftUgsa iw.kZdkfyd fu;qfDr;ka ugha nh xbZA

8-

vizkFkhZ us ,d flrEcj 2015 ls lHkh ikVZVkbZe lQkbZ deZpkfj;ksa dks Qwy VkbZe gkml dhij de fivksu cukus

ds vkns'k fn,] ysfdu lQkbZ deZpkfj;ksa dks fuEu HkRrs o Ldsy esa dksbZ ifjorZu ugha fd;s vkSj uk gh mUgsa ykHk fn, gS

ftldk fooj.k fuEuoRk gS %&

v-

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2008 esa O;fDrxr okgu pkydksa dks cSad izcU/kd us ijekusUV dj lQkbZ deZpkfj;ksa ls T;knk osru fn, gSA

c-

xojesUV vkWQ bf.M;k fefuLV~h vWkQ QkbusUl us 1990 esa lQkbZ deZpkfj;ksa dks 5 lky dh lfoZl ds ckn

mudks fivksu esa dUoVZ djus ds vkns'k cSadksa dks fn, Fks ijUrq mu vkns'kksa ds v/khu Hkh lQkbZ deZpkjh fivksu

ugha cuk;s x;s gSA lu~ 2006 esa lQkbZ deZpkfj;ksa dks 10 o"kZ ds ckn fivksu cukus dk ldqZyj la[;k lh-,p-

vks-@,p-vkj-Mh-@2005@2006&07] fnukad 9-8-2006 tkjh fd;k x;k gS] bldk Hkh cSad izcU/ku ikyu ugha

dj jgk gSA lQkbZ deZpkfj;ksa dh xzsP;wVh] isa'ku rFkk iw.kZ ykHk Hkh r; fd;k tk;A

l- vU; vuqrks"k ftls U;k;kf/kdj.k mfpr le>s mls fnyk;s tkus dk vkns'k iznku fd;k tk;A

9-

foi{kh dh rjQ ls ;kph dh LVsVesUV vkWQ Dyse ds fo:) izLrqr oknksRrj dh izkjfEHkd vkifRr esa dgk x;k gS fd

dsUnzh; ljdkj] Je eU=ky; }kjk U;k;kf/kdj.k dks fookn U;k; fu.kZ;kFkZ izsf"kr fd;k x;k gS] ftldk fookn fcUnq ;g gS

fd **deZdkj lwjtey ,oa 62 vU; lQkbZ deZdkjksa dks iw.kZdkyhu fu;qfDRk ugha nh x;hA** ijUrq vizkFkhZ laLFkku }kjk iwoZ esa

gh lwjtey ,oa 62 vU; lQkbZ deZdkjksa dks iw.kZdkyhu fu;qfDRk fu;ekuqlkj nh tk pqdh gS ftldk nLrkost

izn'kZ&,e&,d layXu gSA izkFkhZx.k }kjk izLrqr izdj.k fujFkZd] vk/kkjghu gksus ds dkj.k izFke n`"V~;k [kkfjt fd;s tkus

;ksX; gSA

10- izkFkhZx.kksa }kjk izLrqr Dyse esa lanHkZ ls fHkUu vizklafxd rF;ksa dk mYys[k djds izkFkZuk i= izLrqr fd;k x;k gSA tks

fookn&fcUnq fjQjsUl esa mYysf[kr fd;k x;k gS] ekuuh; U;k;kf/kdj.k dks ml fookn& fcUnq @lanHkZ ds flok; vU; fdlh

rF; ;k vk/kkj dks lquus dk Jo.kkf/kdkj ,oa {ks=kf/kdkj izkIr ugha gS] vr% izkFkhZx.kksa }kjk izLrqr izdj.k vizklafxd rF;ksa

ij vk/kkfjr gksus ds dkj.k izFke n`"V~;k [kkfjt fd;k tk;A

692 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

11- foi{kh dh rjQ ls oknksRrj esa dgk x;k gS fd ;kfpdk ds iSjk ,d esa mYys[k ftl izdkj ls of.kZr gS Lohdkj ugha

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12- izkFkhZ }kjk izLrqr Dyse ds iSjk nks esa mYys[k ftl izdkj ls of.kZr gS Lohdkj ugha gSA ekuuh; le>kSrk vf/kdkjh ds

le{k izkFkhZi{k }kjk izkFkZuk i= izLrqr fd;k x;k Fkk] ;g rF; Lohdkj gS ijUrq izkFkhZi{k }kjk dh xbZ vuSfrd ,oa fujFkZd

ekax ds pyrs lEk>kSrk okrkZ vlQy jgh FkhA Jh lqjtey ,oa vU; 62 lQkbZ deZpkfj;ksa dks iw.kZdkfyd fu;qfDRk

fu;ekuqlkj iwoZ esa gh nh tk pqdh gSA vizkFkhZ laLFkku ,d jk"V~h;d`r cSd laLFkku gS ftlesa deZdkjksa dh fu;qfDRk lEcU/kh

,oa iw.kZdkfyd fu;qfDRk lEcU/kh fu;e ,oa izko/kku LFkkfir gSA vizkFkhZ laLFkku }kjk izkFkhZx.kksa rFkk vU; fdUgha O;fDr;ksa dh

iw.kZdkfyd fu;qfDRk;ka foi{kh laLFkku esa LFkkfir fu;eksa ,oa izkfo/kkuksa ds foijhr ugha dh x;h gSA ;kphx.k dh iw.kZdkfyd

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mYys[k djuk izklafxd gS fd izkFkhZi{k }kjk fdlh okgu pkyd ds uke dk mYys[k ugha fd;k x;k gS ftls iw.kZdkfyd

fu;qfDRk fu;e ,oa izko/kkuksa ds foijhr dh xbZ gSA vizkFkhZ laLFkku }kjk dHkh Hkh dksbZ HkrhZ xqipqi ,oa fu;e fo:) ugha dh

x;h gSA vkxs dFku gS fd izkFkhZi{k }kjk mYys[k fd;k x;k gS fd fnuakd 28-04-2013 dks xqipqi dh tk jgh HkrhZ ds lEcU/k

esa izkFkhZi{k }kjk yxHkx N% ekg iwoZ gh fnukad 18-8-2012 ,oa fnuakd 24-9-2012 dks vizkFkhZ laLFkku dks i= izsf"kr fd;k x;k

FkkA ;gka ij ;g mYys[k djuk vko';d gS fd mDr rF; izLrqr izdj.k ds lanHkZ esa izklafxd rF; ugha gSA ;gka ij ;g Hkh

mYys[k djuk izklafxd gS fd ftl dfFkr HkrhZ dh izkFkhZx.k dks iwoZ esa lwpuk Fkh vkSj mUgksusa mlds lEcU/k esa vizkFkhZ

laLFkku dks N% ekg iwoZ gh i= izsf"kr fd;k Fkk rks mDr dfFkr HkrhZ xqipqi dSls gks ldrh gS\ vxj mDr dfFkr HkrhZ

vizkFkhZ laLFkku ds fu;e ,oa izko/kkuksa ds foifjr Fkh rks izkFkhZx.k dks ekuuh; mPp U;k;ky; esa fjV ;kfpdk nk;j dj mls

:dokuk pkfg, FkkA ijUrq izkFkhZx.kksa }kjk ,slk dqN ugha fd;k x;k ftlls ;g Lor% Li"V gS fd izkFkhZx.kksa xqipqi fu;qfDr

dk dFku fcYdqy >wBk ,oa vk/kkjghu gSA vr% izkFkhZx.kksa }kjk izLrqr izdj.k lanHkZ ds foijhr vizklafxd rF;ksa dks vk/kkj

cukdj izLrqr fd;k x;kg gSa tks [kkfjt fd;s tkus ;ksX; gSA

13- ;kfpdk ds izLrj rhu ds dFku dks vLohdkj fd;k x;k gSA

14- ;kfpdk ds izLrj pkj ds dFku dks vLohdkj djrs gq, ;g dgk x;k gS fd ;kphx.k dks iw.kZdkfyd fu;qfDr nh tk

pqdh gS ,oa izLrj pkj esa pijklh ds inksa ij izksUUkfr ls lECfU/kr mYys[k izlaxghu gS blfy, pijklh ds inksa ij izksUufr u

nsus ds dFku ds fo:) fdlh tokc dh vko';drk ugha gSA le>kSrk okrkZ vlQYk gksus ds dkj.k izkFkhZ i{k dh vuSfrd

,oa fujFkZd ekax dks crk;k x;k gSA

15- ;kfpdk ds izLrj ikap ds dFku dks vLohdkj dj ;g dgk x;k gS fd izkFkhZ i{k ds izkFkZuk i= dk tokc le>kSrk

vf/kdkjh ds le{k fn;k x;k Fkk ,oa iqu% bl lEcU/k esa tokc nsus dh vko';drk ugha gSA

16- ;kfpdk ds izLrj N% ds dFku dks vLohdkj dj dgk x;k gS fd iwoZ esa gh ;kfpr vuqrks"k fn;k tk pqdk gSA izkFkhZx.k

lqjtey ,oa vU; 62 lQkbZ deZpkfj;ksa dks igys gh iw.kZdkfyd fu;qfDr nh tk pqdh gS RkFkk U;k;fu.kZ;u gsrq izsf"kr

fjQjsUl dk ;kphx.k dh izLrj N% esa ;kfpr vuqrks"k ls dksbZ lEcU/k ugha gSA ;g Hkh dgk x;k gS fd paqfd ;kfpr vuqrks"k

fn;k tk pqdk gS vr% ;kfpdk [kkfjt dh tk;A

17- mYys[kfu; gS fd foi{k izLrqr LVsVesUV vkWQ Dyse dk tokc fnukafdr 4-7-16 ;kphi{k us fnukad 4-7-16 dks izkIr

fd;k vkSj fnukad 15-9-16 dks i=koyh ;kph i{k dh fjTok;UMj rFkk nLrkost ds fy;s fu;r dh x;hA fnukad 15-9-16 dks

;kph i{k vuqifLFkr jgkA foi{k ds fo}ku izfrfuf/k mifLFkr vk;s ftUgksusa ekeys dks fuLrkj.kkFkZ yksd vnkyr esa fu;r

djus dk vuqjks/k fd;kA fnuakd 28-9-16 dks i=koyh ;kph ds fjTok;UMj ,oa vfHkys[k rFkk lqyg okrkZ gsrq fu;r dh x;hA

fnuakd 28-9-16 dks mHk;i{k ds fo}ku izfrfuf/k us i=koyh dks 29-9-16 dks yksd vnkyr esa fuLrkj.k gsrq fu;r djus dh

lgefr O;Dr dh ftlds vk/kkkj ij i=koyh fnukad 19-9-16 dks yksd vnkyr esa fuLrkj.k gsrq fu;r dh x;hA

18- fnuakd 28-9-16 dks yksd vnkyr esa mHk;i{k ds fo}ku izfrfuf/k rFkk ;wfu;u ds egklfpo Jh xksiky pkWofj;k

mifLFkr vk;s ijUrq lqyg ij lgefr ugha cuhA ;kph i{k us lqyg ij fopkjkFkZ ,d vkSj frfFk pkgh vr% 20-10-16 frfFk

;kph i{k ds fjTok;UMj ,oa vfHkys[k@lqyg gsrq fu;r dh x;hA fnukad 20-10-16 dks i=koyh iqu% mHk;i{k ds fo}ku

izfrfuf/k dh lgefr ls fnuakd 27-10-16 dks fuLrkj.k gsrq yksd vnkyr esa j[kh x;hA fnuakd 27-10-16 dks ;kph i{k dh

rjQ ls yksd vnkyr esa dksbZ mifLFkr ugha vk;kA foi{k ds fo}ku izfrfuf/k mifLFkr vk;sA vr% mDRk fLFkfr esa i=koyh

fnuakd 8-11-16 dks iqu% ;kph i{k }kjk fjTok;UMj ,oa vfHkys[k izLrqr djus ,oa lqyg gsrq fu;r dh x;hA

19- fnuakd 8-11-16 dks Hkh ;kph i{k mifLFkr ugha vk;kA foi{k ds fo}ku izfrfuf/k mifLFkr vk;s] vr% izkFkhZ i{k dks

U;k;fgr esa volj iznku djrs gq, fnukad 23-11-16 dks i=koyh ;kph dh fjTok;UMj ,oa nLrkost gsrq fu;r dh x;hA

fnukad 23-11-16 dks ;kph i{k iqu% u mifLFkr vk;k u fjTok;UMj ,oa vfHkys[k izLrqr fd;kA ;kph i{k ds fujUrj mifLFkr

u vkus] fjTok;UMj rFkk vfHkys[k izLrqr u djus] rFkk ;g eglwl djus ds ckn fd ;kph dks ekeys dks vkxs pykus esa :fp

ugha gS] ;kph }kjk fjTok;UMj ,oa vfHkys[k izLrqr djus dk volj lekIr fd;k x;k ijUrq vkxs dh dk;Zokgh lekIr djus

ds ctk; izkFkhZ dks lk{; izLrqr djus dk volj nsrs gq, vxyh frfFk fnuakd 5-12-16 fu;r dh x;hA fnukad 5-12-16 dks

Hkh izkFkhZ i{k mifLFkr ugha vk;k foi{k ds fo}ku izfrfuf/k mifLFkr vk;s ftUgksaus crk;k fd ;kphx.k@deZpkfj;ksa ds

izf'k{k.k esa gksus ds dkj.k ;kphi{k ds fo}ku izfrfuf/k us nwljh rkjh[k pkgh gSA foi{k ds fo}ku izfrfuf/k dh ;kphi{k ds

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

693

fo}ku izfrfuf/k ls Qksu ij mDr okrkZ ds vk/kkj ij U;k;kf/kdj.k }kjk iqu% U;k;fgr esa dk;Zokgh eqYroh dh x;h rFkk

;kphi{k ds lk{; gsrq vxyh frfFk 19-12-16 fu;r dh x;hA

20- fnuakd 19-12-16 dks ;kphi{k dh rjQ ls u dksbZ mifLFkr vk;k u lk{; izLrqr dh x;hA foi{kh ds fo}ku izfrfuf/k

mifLFkr vk;sA ;kphi{k dh foi{k }kjk oknksRrj izLrqfr ds ckn ls vkxs dh dk;Zokgh esa fujUrj mnklhurk ds dkj.k ;kph

dk lk{; dk volj lekIr fd;k x;k vkSj foi{k }kjk ;kph ds lk{; ds vHkko esa viuk lk{; u izLrqr djus ds dFku ij

;kph i{k dk lk{; Hkh lekIr fd;k x;kA i=koyh cgl ds fy;s fnuakd 26-12-16 dks fu;r dh x;hA

21- eSuas foi{kh ds fo}ku izfrfuf/k dh cgl lquh rFkk i=koyh dk lE;d~ voyksdu fd;kA ;kph i{k dh rjQ ls cgl

ds le; Hkh dksbZ mifLFkr ugha vk;kA

22- foi{k ds fo}ku izfrfuf/k us cgl dh gS fd U;k;fu.kZ;u gsrq izsf"kr fjQjsUl ds vuqlkj ;kphi{k us tks vuqrks"k pkgk

gS mls foi{k }kjk iw.kZ:i ls iznku dj fn;k x;k RkFkk bldk mYys[k tokc&nkok esa Hkh fd;k x;k gS ,oa tokcnkok dh

izfr ;kph Ik{k dks fnukad 4-7-16 dks gh izkIr gSA blds ckn ;kphi{k us fjTok;UMj ds ek/;e ls foi{k ds dFku ds fo:)

dksbZ dFku Hkh vkt rd ugha izLrqr fd;k gS vkSj u gh ekeys dks vkxs pykus esa dksbZ :fp fn[kk;h gS vr% izkFkhZ i{k dk

ekeyk Qyghu (Infractuous) ekurs gq, [kkfjt fd;k tk;A

fu"d"kZ

fu"d"kZ

fu"d"kZ

fu"d"kZ

23- ;kph i{k us fjQjsUl ds vuqlkj iw.kZdkfyd fu;qfDRk pkgh gSA foi{k ds oknksRrj ls vkSj foi{k }kjk izLrqr ifji=

fnukad 1-9-15 ls ;g tkfgj gS ;kphx.k dks iw.kZdkfyd fu;qfDRk nh tk pqdh gS tks fnuakd 1-9-15 ls izHkkoh gSA ;kph i{k us

mDr dFku ds fo:) dksbZ dFku ugha izLrqr fd;k gS fd mUgsa ;kfpr vuqrks"k fey pqdk gS vFkok ugha feyk gSA ;kphi{k us

viuh ;kfpdk ds leFkZu esa dksbZ lk{; Hkh ugha izLrqr fd;k gSA ;kphi{k dk fjQjsUl ds vuqlkj ;kfpr vuqrks"k izkIr gks

x;k gSa bl lEcU/k esa mudh rjQ ls dksbZ Lohd`fr ls lEcfU/kr lk{; Hkh ugha izLrqr fd;k x;k gS vr% fof/kd :i ls ;g

ugha dgk trk ldrk gS fd ;kfpdk QYkghu (Infractuous) gks x;h gSA ;kph i{k us lk{; izLrqr dj ;kfpdk dFku dks

fl} ugha fd;k gS ftls izFke n`"V;k lk{; izLrqr dj fl) djus dk Hkkj ;kph i{k ij gSA vr% eSa bl fu"d"kZ ij g¡w fd

;kphi{k ;g fl) djus esa vlQy gS fd izcU/ku ;wdksa cSd] vUpy dk;kZy;] t;iqj }kjk deZdkj lqjtey ,oa vU; 62

lQkbZ deZpkfj;ksa dks ftudh lwph fjQjsUl ds lkFk layXu gS] mUgsa iw.kZdkfyd fu;qfDRk u nsuk U;k;ksfpr ,oa U;k;laxr

ugha gSA ;kphx.k rn~uqlkj ;kfpr vuqrks"k ikus ds gdnkj ugha gSA ;kfpx.k dh ;kfpdk rn~uqlkj [kkfjt dh tkrh gSA

eU=ky; }kjk bl ekeys esa U;k;fu.kZ;u gsrq izsf"kr fjQjsUl dk mRrj rn~uqlkj fn;k tkrk gSA iapkV rn~uqlkj ikfjr fd;k

tkrk gSA

Hkjr ik.Ms;] ihBklhu vf/kdkjh

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 337-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj eksjeqxksok

iksVZ VªLV ds izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vf/dj.k@Je U;k;ky; ua- 2] eqEcbZ ds iapkV (lanHkZ la- 29@2008) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 06-02-2017 dks

izkIr gqvk FkkA

[la- ,y&36011@1@2008&vkbZvkj (ch&II)]

jfo dqekj] MsLd vf/dkjh

New Delhi, the 6th February, 2017

S.O. 337.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 29/2008) of the Central Government Industrial Tribunal-cum-

Labour Court No. 2, Mumbai as shown in the Annexure in the Industrial Dispute between the management of

Mormugao Port Trust, and their workmen, received by the Central Government on 06.02.2017.

[No. L-36011/1/2008-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. 2, MUMBAI

PRESENT : M. V. DESHPANDE, Presiding Officer

REFERENCE NO. CGIT-2/29 of 2008

EMPLOYERS IN RELATION TO THE MANAGEMENT OF

MORMUGAO PORT TRUST

694 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

The Chairman

Mormugao Port Trust

Mormugao Harbour

Headland Sada

Goa - 403804.

AND

THEIR WORKMEN

The General Secretary

Goa Port & Dock Workers’ Organisation

Shetye Sankul, 3rd Floor,

Tisk - Ponda

Goa.

APPEARANCES :

FOR THE EMPLOYER

:

Mr. M. B. Anchan, Advocate

FOR THE WORKMAN

:

Mr. P. Gaonkar, Representative

Mumbai, the 6th January 2017

AWARD

1.

Government of India Ministry of Labour and Employment vide its order No L-36011/1/2008- IR(B-II) dated

15/05/2008 in exercise of the powers conferred by Clause (d) of sub-section (1) and sub-section (2A) of section 10 of

the Industrial Disputes Act, 1947 have referred the following Industrial dispute to this Tribunal for adjudication.

“Whether the action of the management of Mormugao Port Trust, Goa. in not granting HRA rates as

applicable to Government employees @ 15% of actual Basic Pay without any ceiling limit is legal and

justified? If not, to what relief the workmen are entitled for?”

2.

After receipt of the Reference, notices were issued to both the parties. In response to the notice the second party

workmen filed statement of claim. According to second party workmen the Clause 3 and Clause 4, employees working

in the ports are covered under the Bipartite Settlement signed by the Bipartite Wages Negotiations Committee

constituted by the Government of India, in the Ministry of Surface Transport and their wages were revised as per the

said settlement. After the expiry of settlement dated 6.12.1994, the Government of India in the Ministry of Surface

Transport constituted the Bipartite Wages Negotiations Committee vide Ministry’s order No. LB-12011/3/97-R.O

dated 5.6.1998 and after several rounds of negotiations of settlement, wage settlement was signed w.e.f. 1.1.1997 for

the period of 10 years. As a part of implementation the benefits of the said settlement was extended to the workers of

Mormugao Port Trust. Clause 12 of the said settlement deal with the payment of House Rent Allowance. In clause

12.1, an employee who is not allotted accommodation by the Port Trust and the Labour Board will be paid House Rent

Allowances at the following rates without production of receipt.

Name of Port

Existing Rate

Revised ceiling

Mumbai, JNPT

30% of actual Basic Pay

Rs.2100/-

Chenai, Calcutta (Exl. Haldia)

Cochin

25% of actual Basic Pay

Rs.2000/-

Vishakhapatnam

17.5% of actual Basic Pay

Rs.2000/-

Mormugao,

Kandla,

New

Mangalore, Tuticorin

15% of actual Basic Pay

Rs.1500/-

Paradip and Haldia

10% of actual Basic Pay

Rs.1000/-

3. According to second party workmen in accordance with Clause 12.2, HRA applicable to the Government

employees will also be available to the Port employees. In accordance with Clause 12.3 of the said settlement every

individual employee, therefore has the option to choose either of the two.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

695

4.

Accordingly with the terms of the said settlement, employees have opted for clause 12.2 and requested the

employer to pay them HRA rate applicable to the Government employees. However, inspite of option of employees

the employer refused to pay them HRA as per Government employees and hence employees through union raised the

dispute before the Assistant Labour Commissioner [Central] Vasco-da-Gama Goa. Since the conciliation failed the

Government has referred the dispute to this tribunal. The second party workmen are therefore asking to direct the

employer to pay HRA without ceiling as per the option given to the employer.

5.

The first party management resisted the claim by filing written statement at Ex.8. It is contended that as per the

terms & conditions of employment, besides other terms are governed by wage revision settlement dated 2.8.2000

entered into between the major port trusts and 5 national federations of the port & dock employees. HRA is covered

under the said revision settlement which is payable @ 15% of the actual basic pay subject to ceiling of Rs.1500/- per

month. The HRA for the employees of Goa Government and the Central Government is 15% as there is no difference

between HRA rates applicable to MPT and Government employees in Goa, option of HRA does not arise. It is

submitted that as per clause 38 (II) of the wage settlement no fresh issue involving additional financial implication can

be raised during the course of settlement in force and therefore the demand raised by the union is unjustified.

6.

It is contended that as per the revised memorandum of settlement dated 2.8.2000, clause 12.1 employee who is

not allotted accommodation by the port trust and dock labour board will be paid house rent allowance at the following

rates without producing of rent receipt.

Name of Port

Existing Rate

Revised ceiling

Mumbai, JNPT

30% of actual Basic Pay

Rs.2100/-

Chenai, Calcutta (Exl. Haldia)

Cochin

25% of actual Basic Pay

Rs.2000/-

Vishakhapatnam

17.5% of actual Basic Pay

Rs.2000/-

Mormugao,

Kandla,

New

Mangalore, Tuticorin

15% of actual Basic Pay

Rs.1500/-

Paradip and Haldia

10% of actual Basic Pay

Rs.1000/-

7.

It is then contended that every individual employee will have the option to choose either of two basic pay for the

purpose of HRA shall not include any type of special pay or personal pay but includes stagnation increments. As per

clause 12.2 HRA rates applicable to Government employees will be available to port employees. Since none of the

employees has given option as required under clause 12.3 of the said settlement, they are not entitled to benefit as per

clause 12.2 of the said settlement and therefore none of the employee are entitled to any relief.

8.

Following are the issues for my consideration. I reproduce the issues along with my findings thereon for the

reasons to follow:

Sr. No.

Issues

Findings

1

Whether members of second party union are

entitled for HRA at par with Government

employees @ 15% of actual basic pay ?

No.

2.

What relief in that case members of the union are

entitled for ?

As per order below.

3.

What order

As per order below.

REASONS

Issue No.1

9.

So far contention go, it seems to have been admitted position that class III & class IV employees working in the

port are covered under the Bipartite settlement signed by the Bipartite Wages Negotiations Committee constituted by

the Government of India in the Ministry of Surface Transport and their wages and allowances were revised as per the

696 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

said settlement. It also seems to have been admitted position that wage settlement was signed w.e.f. 1.9.97 for the

period of 10 years and the benefits of said settlement were extended to the workers of Mormugao Port Trust Goa. It

also seems to have been admitted position that as per clause 12 of the said settlement which deals with the payment of

HRA an employee who is not allotted accommodation by the port trust and the labour board will be paid house rent

allowance and so far Mormugao Kandla is concerned, the existing rate is 15% of the actual basic pay upto ceiling of

Rs.1500/- per month.

10.

As a matter of fact, in accordance with clause 12.2, HRA applicable to Government employees will also be

applicable to port employees. In accordance with clause 12.3 of the said settlement, every individual employee

therefore has option to choose either of the two. So now the question that creeps in is whether the workmen have given

option opting HRA as per Central Government notification.

11.

According to the management, none of the employees have submitted this option as required in clause 12.3 of the

said settlement and therefore they are not entitled to benefit available under clause 12.2 of the said settlement. As

against this, it is contention of the workmen that 40 employees have given the option through union vide letter dated

24.07.2006 which is at Ex.19 and they are entitled to HRA at the revised rate of 20% of basic as per the special orders

issued by the Central Government for the purpose of HRA and CCA to the employees working in the state of Goa.

12.

It is also a matter of record that vide special order, Government of India vide order No. G.I.M.F.O.M. No.

2(3)EII(B)/4 dated 1.3.04 revised the classification of state of Goa for the purpose of HRA at B1 class cities. So if the

option is given by the employees then they are entitled to HRA as per special order of the Central Government dt.

1.3.04 which is at Ex.26. Now it is to be seen whether the option is given by the employees or not.

13.

In this respect, if we see the evidence that has come on record, it is clear that all the employees have not given the

option. Mr. Tutigaongar has admitted in his cross-examination that all the employees have not given the option. Dr.

Jaywardhan Dhawale, Sr. Dy. Secretary has pleaded ignorance that 40 employees have given their option, we have

document at Ex.19 i.e. the letter addressed to FA & CAO, Mormugao Port Trust Harbour mentioning therein that 40

applications have been received from port employees. But then we have no document to show that the workers have

opted for HRA as per Government rates. In his cross-examination Shri Ruijudian who is witness of the union and who

is member of the union has admitted that they are getting 15% of the basic pay subject to ceiling of Rs.1500/- as HRA

and as per the clause 12.2 they are entitled to HRA as available to Government employees and it is subjected to giving

option by the workmen of port trust. It is clear from his cross-examination that none of the workers have opted for

HRA as per the Government rates since they are not knowing. It is admitted by him that benefit arising out of

settlement was extended from 1.4.04 and since 1.1.07 they are getting HRA as per new settlement. Admittedly since

2007 they are getting HRA as applicable to central Government employees. In view of these admissions, it can be seen

that no option was given by the employees in view of clause 12.3 of the said settlement and therefore they are not

entitled to benefits available under clause 12.2 of the said settlement. In view of these, I find that employees / members

of the second party union are not entitled for HRA at par with Government employees @ 15% of the actual basic pay.

Issue No.1 is, therefore answered in negative accordingly.

Issue Nos. 2 & 3.

14.

In view of my findings to Issue No.1 members of the union are not entitled to any relief and hence the reference

is liable to be rejected.

ORDER

Reference is rejected with no order as to costs.

Date: 06.01.2017

M. V. DESHPANDE, Presiding Officer

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 338-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ

chlhlh,y ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vfèkdj.k@Je U;k;ky; ua- 1] /uckn ds iapkV (lanHkZ la[;k 26@2007) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks

06-02-2017 dks çkIr gqvk FkkA

¹la- ,y&20012@149@2002&vkbZvkj (lh,e&I)º

,e- ds- flag] vuqHkkx vf/dkjh

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

697

New Delhi, the 6th February, 2017

S.O. 338.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award of the Central Government Industrial Tribunal-cum-Labour Court No. 1,

Dhanbad (I.D. No. 26 of 2007) as shown in Annexure, in the industrial dispute between the employers in relation to the

management of M/s. BCCL and their workmen, which was received by the Central Government on 06.02.2017.

[No. L-20012/149/2002-IR (CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT IDUSTRIAL TRIBUNAL NO.1, DHANBAD

In the matter of reference U/S 10(1) (d) (2A) of I.D. Act,1947

Ref. No. 26 of 2007

Employer in relation to the management of Kathara Washery , M/s. CCL

AND

Their workmen

Present : Shri R.K.Saran, Presiding Officer

Appearances :

For the employers :- Shri D. K.Verma, Advocate

For the Workman :- Shri D.Mukherjee, Advocate

State :- Jharkhand

Industry :- Coal

Dated 22/12/2016

AWARD

By order No. L-20012 /149 /2002/IR (C-I) dt. 19.12.2006, the Central Government in the Ministry of Labour has,

in exercise of powers conferred by clause (d) of sub-section(1) and sub section (2A) of Section 10 of the Industrial

Disputes Act, 1947, referred the following disputes for adjudication to this Tribunal:

SCHEDULE

“Whether the demand of United coal workers Union for regularisation of services of Sri Sewa Chand

Choudhary and 59 others as per annexure by the management of Kathara Washery, is legal and justified ? If

yes , to what relief the workmen are entitled?”

Annexure

List of workman

Sl.

No.

Name

Father’s Name

Address

1

Seva Chand

Choudhri

Pusan Choudhri

Vill+Post-Ualgara, Thana- Petarwar, Dist –Bokaro

2

Arbind Mahtha

Ramdhir Mahtha

Vill+Post-Ualgara, Thana- Petarwar, Dist –Bokaro

3

Shankar Manjhi

Ratua Manjhi

Vill+Post-Ualgara, Thana- Petarwar, Dist –Bokaro

4

Dhneshwar Gop

Hari Gop

Vill+Post-Ualgara, Thana- Petarwar, Dist –Bokaro

5

Budhan Gop

Sarju Gop

Vill+Post-Ualgara, Thana- Petarwar, Dist –Bokaro

6

Dhaneshwar

Manjhi

Mathur Manjhi

Vill+Post-Ualgara, Thana- Petarwar, Dist –Bokaro

7

Hari Yadav

Late Kusun Yadav

Vill+Post-Ualgara, Thana- Petarwar, Dist –Bokaro

8

Aji Bullah

Mo Aasin

Vill- Jhirki, P.o- Saram,P.S- Gomiya, Dist-Bokaro

9

Madan Yadav

Rameshwar Yadav

Vill- Charvatand, P.o – Chanpi, P.S- Petarwar, Dist –Bokaro

698 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

10

Tulsi Mahto

Banshi Mahto

Vill+Post- Chanpi, Thana- Petarwar, Dist –Bokaro

11

Lakim Ansari

Ainul Ansari

Vill- Jhirkie , P.o- Saram, , Dist- Bokaro

12

Shikhan Rajwar

Bisun Rajwar

Vill +Post- Angwali , P.S- Petarwar, Dist –Bokaro

13

Causar Ansari

Makkhul Ansari

Vill- Jhirki , P.O- Saram, P.S- Gomiya, Dist- Bokaro

14

Arjun Yadav

Bhukhan Yadav

Vill- Jhirki , P.O- Saram, P.S- Gomiya, Dist- Bokaro

15

Naresh Rajwar

Bisun Rajwar

Vill +Post- Angwali , P.S- Petarwar, Dist –Bokaro

16

Gopal Yadav

Mudar Gop

Vill- Jhirki , P.O- Saram, P.S- Gomiya, Dist- Bokaro

17

Madan Karmali

Nandu Lal Karmali

Vill- Chotgadha, P.O- Rohar , P.S- Gomiya , Dist-Bokaro

18

Sanjay Kr. Rajwar

Hemant Rajwar

Vill +Post- Angwali , P.S- Petarwar, Dist –Bokaro

19

Keshwav Karmali

Dusath Karmali

Vill- Chotgadha, P.O- Rohar , P.S- Gomiya , Dist-Bokaro

20

Jitan Kumar

Sathu Kumar

Vill- Chotgadha, P.O- Rohar , P.S Gomiya , Dist-Bokaro

21

Daso Manjhi

Basudev Manjhi

Vill- Chotgadha, P.O- Rohar , P.S- Gomiya , Dist-Bokaro

22

Ritbaran Murmu

Lt. Somra Manjhi

Vill- Budhi Saray

23

Nuna Ram

Hembram

Saroth Hembram

Vill+Post-Chnpi , Thana- Petarwar, Dist- Bokaro

24

Chitumuni

Kumari

Birbal Turu

Vill- Jarkatand, P.O- Chanpi, P.S- Petarwar, Dist- Bokaro

25

Talo Devi

Lt. Bibu Das Manjhi

Vill –Ualgara, P.O- Manjhi, P.S- Petarwar, Dist- Bokaro

26

Nanki Kumari

Chatu Manjhi

Vill- Jarkatand , Post- Chanpi , Thana- Petarwar, Dist-

Bokaro

27

Susheela Kumari

Duryodhan Soren

Vill+Post- Chanpi, Thana- Petarwar, Dist- Bokaro

28

Jiyaul Hak

Ainul Hak

Vill- Jhirki , P.O- Saram, P.S- Gomiya, Dist- Bokaro

29

Shankar Yadav

Budhan Yadav

Vill- Jhirki , P.O- Saram, P.S- Gomiya, Dist- Bokaro

30

Julpekar Ansari

Jahirudeen

Vill- Jhirki , P.O- Saram, P.S- Gomiya, Dist- Bokaro

31

Amit Kumar

Ravindr Kr. Singh

Vill- I.B.M. Kauloni, Post- Kathara, Dist- Bokaro

32

Md Imalmul Hak

Md Ainul hoda,

Vill- Jhirki , P.O- Saram, P.S- Gomiya, Dist- Bokaro

33

Ramchanra

Manjhi

Lt. Matlu Manjhi

Vill- Pidhauriya

34

K. Ravichandran

Lt. Krishna

Vill- Bauth Cauloni, P.O- Kathara, Thana- Gomiya, Dist-

Bokaro

35

Samiulllah

Md Aasin

Vill- Jhirki , P.O- Saram, P.S- Gomiya, Dist- Bokaro

36

K. Ranju

Late K

Vill- Bauth Cauloni, P.O- Kathara, P.S- Gomiya, Dist-

Bokaro

37

Manoj Kumar

B.D. Hajam,

Vill- Bauth Cauloni, Post- Kathara, Thana- Gomiya, Dist-

Bokaro

38

Mo. Aabid Ansari

Mo Kalim Ansari

Vill- Jhirki , P.O- Saram, P.S- Gomiya, Dist- Bokaro

39

Rati Ram

Hembram

Sarodha Hembram

Vill+Post- Chanpi, Thana- Gomiya, Dist- Bokaro

40

Suresh Yadav

Rameshwar Yadav

Vill- Gharwatand, Post- Chanpi, Dist- Bokaro

41

Murshid Aalam

Makbul Husan

Vill- Jhirki , P.O- Saram, P.S- Gomiya, Dist- Bokaro

42

Manjur Aalam

Rustam Ali

Vill- Jhirki , P.O- Saram, P.S- Gomiya, Dist- Bokaro

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

699

2.

The case is received from Ministry of Labour on 25.05.2007. The workman files written statement on 25.05.2007

but the management files their written statement on 09.07.2008. One witness examined fromeach side . No document

marked by either side.

3.

The case of the workmen is that Shri Sewa Chand Choudhary & 59 others have been working as permanent

nature of jobs against permanent vacancy since last 12 years continuously as plant cleaning and also magnetite

charging workman in kathara washery continuously under the direct control and supervision of the management

within the precinct of the washery and engaged in execution of the jobs of the management which are absolutely

essential for running the washery. But the management did not pay the concerned workman wages and benefits as per

NCWA.

4.

It is also submitted by the workman that the management camouflege the status of the employee and to justify not

paying the wages and other benefits as per NCWA, But the management has been paying their wages in the name of

intermediaries i.e so-called contractor, and conceal the real issue and comouflege the actual facts. The management

prepared several papers and arranged documents to cheat them. The Union/workman represented before the

management several times but without any effect hence present industrial dispute arose.

5.

On the other hand the case of the management is that Shri sewa chand choudhary and 59 others were never

engaged by the management of Kathara washery in any permanent and perennial nature of job. In fact, management of

Kathara washery has its own regular workman for performing permanent nature of job including day to day cleaning

even in the event of break down, electric failure etc.

6.

However, the person concerned have never seen at work site of the management. The list of the workman

submitted by the sponsoring union are stranger to the management .

43

Mohan Yadav

Rameshwar Yadav

Vill- Gharwatand, post- Chanpi, Thana- Petarwar, Dist-

Bokaro

44

Ajay Kumar Singh

Nagendra PdSingh

Vill- Kathara, P.O- Kathara, P.S- Gomiya, Dist- Bokaro

45

K. Suresh Kumar

Late Krishna

Vill- Bauth Cauloni, P.O- Kathara, P.S- Gomiya, Dist-

Bokaro

46

Sartaj Ansari

Mo Makbul Susain

Vill- Jhirki , P.O- Saram,P.S- Gomiya, Dist- Bokaro

47

Rajdev Kumar

Basudev Thakur

Vill- Bauth Cauloni, P.O- Kathara, P.S- Gomiya, Dist-

Bokaro

48

Binod Kumar

Singh

Girtharee Singh

Vill- Mirjapur, P.O- Petarwar , P.S- Tetarwar, Dist- Bokaro

49

Mo Moin Ansaree

Mo Yunus

Vill- Lothi, Thana- Gomiya, Dist- Bokaro

50

Jamal Warish

Kalimullah

Vill- Jhirki , P.O- Saram, P.S- Gomiya, Dist- Bokaro

51

Nageshwar

Kapardar

Late Mahanand Rajwar,

Vill +Post- Angwali , P.S- Petarwar, Dist –Bokaro

52

Kishor Kr.

ShriVastav

C.P. Shri Vastav

Vill- Jarangdih, P.S- Jarangdih, Thana- Gomiya , Dist-

Bokaro

53

Mahbuth

Husain

Vill- Jhirki , P.O- Saram, P.S- Gomiya, Dist- Bokaro

54

Jawahar Jayoti

Surendra Prasad

Mandirwar,

Vill- Jarangdih , Post- jarangdeeh, Thana- Bokaro , Tharmal,

Dist- Bokaro

55

Jakir Ansari

Shadat

Vill- Jhirki , P.O- Saram, P.S- Gomiya, Dist- Bokaro

56

Mo Jahid Ansari

Khtibullah

Vill- Jhirki , P.O- Saram, P.S- Gomiya, Dist- Bokaro

57

Saraphat Husain

Allaudeen

Vill- Jhirki , P.O- Saram, P.S- Gomiya, Dist- Bokaro

58

Pankaj Kumar

Singh

Krishna Murari Parasad

Vill- Kathara, Post- kithara, Dist- Bokaro

59

Suresh Singh

Ram Ujagar Singh

Vill- Kathara, P.O- kithara, P.S- Gomiya, Dist- Bokaro

60

Mo Smiullhah

Ansari

Mohib Ansari

Vill- Jhirki , P.O- Saram, P.S- Gomiya, Dist- Bokaro

700 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

7.

It is also submitted by the management that the sponsoring union has collected the names of certain job seekers

of the Area in and around Kathara washery and has made an attempt there entry into the company through litigation.

Hence no employer –employee relationship exists between Shri Sewa Chand Choudhary and 59 others whose names

mentioned in the annexure of the order and the management of Kathara washery.

8.

It is further submitted by the management that the management of Kathara washery allotted some job to Sah

Builders contractors for very few period after proper tender. In view of decision of Hon’ble Supreme Court in SAIL

case a contractor worker is not entitled for regularization. Therefore the demand of the union is neither legal nor

justified.

9.

The short point to be decided in this reference is as to the workman concerned will be regularized under the

management or not.

10.

The present dispute before the ALC (C ), ended in a failure and the matter was referred to the appropriate

Government. But the appropriate Govt. did not feel that there will be a reference for which he did not refer the dispute .

The Union went to Hon’ble High Court, who directed the appropriate Govt. to refer the dispute and the matter came

here before this Tribunal .

11.

One witness each examined by the management and union but the workman has stated everything in chief

supporting the written statement. But in cross examination he could not prove any thing . The entire cross examination

is quoted below:-

“I have got no appointment letter issued by the management. My name was not sponsored by the

Employment Exchange. We were not working under any contractor. I have got no paper to show that

the management was paying me wages. It is not a fact that I was not working there.”

12.

From the above cross –examination, it appears that the workman has no appointment letter. Even they could not

legally prove the documents as exhibit which were photo copies. Even the witness, unable to say whether he was

working for 240 days in a calendar year nor prove any valid pay slip or gate pass, with proper proof. Shri Tulsi Mahto

witness of the workman say in cross examination that we were not working under any contractor as well as he also says

that I have got not paper to show that the management was paying me wages. It means the workmen was neither the

workman of contractor nor the workman of management. But on perusal of list of workman annexed with order of

reference that they are the workman of “Sah Builders Contractor Mazdoor”

13.

The document of the workman which are photocopies, also do not inspire confidence. The workman may have a

good case but the union failed to prove the case before the Tribunal. Even unable to adduce reliable evidence, to come

into conclusion .

14.

Considering the facts and circumstances of this case, I hold that the demand of United coal workers Union for

regularization of services of Shri Sewa Chand Choudhary and 59 others as per annexure, by the management of

Kathara Washery is not legal and justified. Hence the workmen were not entitled to get any relief from this Tribunal.

This is my award.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 339-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ

chlhlh,y ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vfèkdj.k@Je U;k;ky; ua- 1] /uckn ds iapkV (lanHkZ la[;k 15@2016) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks

06-02-2017 dks çkIr gqvk FkkA

¹la- ,y&20012@149@2015&vkbZvkj (lh,e&I)º

,e- ds- flag] vuqHkkx vf/dkjh

New Delhi, the 6th February, 2017

S.O. 339.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award of the Central Government Industrial Tribunal-cum-Labour Court No. 1,

Dhanbad (I.D. No. 15 of 2016) as shown in Annexure, in the industrial dispute between the employers in relation to the

management of M/s. BCCL and their workmen, which was received by the Central Government on 06.02.2017.

[No. L-20012/149/2015-IR (CM-I)]

M. K. SINGH, Section Officer

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

701

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT IDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/S 10(1) (d) (2A) of I.D. Act,1947

Ref. No. 15 of 2016

Employer in relation to the management of Bastacolla Area of M/s. BCCL

AND

Their workmen

Present : Shri R.K. Saran, Presiding Officer

Appearances :

For the Employers :- Shri S.K. Behra, Asstt. Manager

For the Workman :- Shri R.R. Ram, Rep.

State:-Jharkhand.

Industry :- Coal.

Dated 26/12/2016

AWARD

By order No.-L-20012/149/2015 IR-(CM-I), dated. 02/02/2016 the Central Govt. in the Ministry of Labour has,

in exercise of powers conferred by clause (d) of Sub –Section (1) and Sub-Section (2A) of Section 10 of the Industrial

Disputes Act.1947, referred the following disputes for adjudication to this Tribunal:

SCHEDULE

“Whether the action of the management of Bastacolla Area of M/s. BCCL in dismissing Sri Ram

Sundar Prasad and Ram Charitar Bhuiya from the services of the company w.e.f. 01.01.1999 is fair and

justified? To what relief the concerned workman are entitled to?”

2.

The case is received from the Ministry of Labour on 11.02.2016 After receipt of reference , both parties are

noticed. The Sponsoring Union files their written statement on 11.03.2016. And the management files their written

statement -cum-rejoinder on 15.07.2016. The point involved in the reference is that the workman has been dismissed

from his services.

3.

The point involved in the reference is that the workman has been dismissed from his services on the ground of

gross negligence and misconduct, by the management by invoking clause 28 of the certified standing order.

4.

They were dismissed from service without conducting and domestic enquiry whatsoever as well as the

management did not issue any show cause notice prior to dismiss those workmen.

5.

During preliminary hearing it is revealed that the case is dismissal of workmen for invoking clause 28 of

certified standing order. But he has already out of service for 17 years. It is felt to give another chance to the

workman to serve .

6.

Considering the facts and circumstances of this case, I hold that he be taken into job as a fresh employee as cat-1.

But the workman be kept under probation for a period two year. Therefore the question of back wages does not arise at

all.

This is my award.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 340-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ

chlhlh,y ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vfèkdj.k@Je U;k;ky; ua- 1] /uckn ds iapkV (lanHkZ la[;k 28@2012) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks

06-02-2017 dks çkIr gqvk FkkA

¹la- ,y&20012@121@2011&vkbZvkj (lh,e&I)º

,e- ds- flag] vuqHkkx vf/dkjh

702 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

New Delhi, the 6th February, 2017

S.O. 340.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award of the Central Government Industrial Tribunal-cum-Labour Court No. 1,

Dhanbad (I.D. No. 28 of 2012) as shown in Annexure, in the industrial dispute between the employers in relation to the

management of M/s. BCCL and their workmen, which was received by the Central Government on 06.02.2017.

[No. L-20012/121/2011-IR (CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT IDUSTRIAL TRIBUNAL NO.1, DHANBAD

In the matter of reference U/S 10(1) (d) (2A) of I.D. Act,1947

Ref. No. 28 of 2012

Employer in relation to the management of Kusunda Area of M/s. BCCL

AND

Their workmen

Present : Shri R.K. Saran, Presiding Officer

Appearances :

For the employers :- Shri D. K.Verma, Advocate

For the Workman :- Shri Pintu Mondal, Rep.

State :- Jharkhand

Industry :- Coal

Dated 26/12/2016

AWARD

By order no . L- 20012 /121/2011 /IR (C-I) dated 26 / 03/2012, the Central Government in the Ministry of

Labour has in exercise of the power conferred by clause (d) of sub – section ( 1) and sub – section ( 2A) of section 10

of the Industrial Disputes Act , 1947 referred the following dispute for adjudication to this Tribunal :

SCHEDULE

“Whether the action of the management of Dhansar Colliery of M/s. BCCL in not providing

employment to Sh. Mohan Bhogta the dependant son of LateKartik Bhogta under the provision of

NCWA is fair and justified? To what relief the concerned workmen entitled ?”

2.

The case is received from Ministry of Labour on.09.04.2012. After receipt of reference , both parties are noticed.

The Sponsoring Union files their written statement on 30.04.2012 and the management files their written statement on

21.11.2012. One witness has been examined by the management but two witnesses examined on behalf of the

workman.. Documents of the workman marked as W-1 to W-8.

3.

The case of the workman is that Late Kartik Bhogta was permanent employee of Dhansar Colliery as Miner

Loader and died while in service on 02.10.1994. As per NCWA the management provide employement to one

dependant of employee who died while in service.

4.

Sri Mohan Bhogta son of Kartik Bhogta has applied for employment on 10.02.1995 but inspite of several

reminders the management has not provided employment to the dependent son of Late Kartik Bhogta and the

management neither provided employment nor regretted his application. Hence Industrial dispute arose.

5.

The case of the management that Late Kartik Bhogta was employee of Dhansar Colliery and he died on

02.10.1994 but after the death of late Kartik Bhogta none of his dependent has applied for employment under provision

of NCWA, and the Sponsoring Union first time raised an Industrial dispute vide their latter dated 09.10.2009 after the

lapse of 15 years from the date of the deceased employee and demanded employment in utter violation of circular

issued by CMD of M/s. BCCL for compassionate appointment.

6.

It is further submitted by the management that for very reasons the compassionate employment can not be

granted after a lapse of reasonable period which must be specified in the rule.According to said circular has no

application for dependent employment will be entertained after 18 months from the date of death of disablement,and

the object being to enable the family to get over the financial crises which is faces at the time of death of sole bread

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

703

winner, the compassionate employment can not be claimed and offiered whatever the lapse of time and after the crises

is over.

7.

The short point to be decided in this reference as to whether the dependant will get appointment, in place of his

deceased father who died while in service.

8.

The workman died in the year 1994 his son, was 19 years then as per evidence of WW-1. But he raised the

dispute after 15 years . Except saying that he applied for job soon after his father death and that was ignored, he

remained silent all the years,

9.

The workman remaining silent or sleeping about 15 years , hence no claim of the workman will be entertained. It

also means for all the fifteen years as on today about twenty years, he is not in distress. Therefore the applicant will not

be encourage for back door entry.

10.

Considering the facts and circumstances of this case, I hold that the action of the management of Dhansar

Colliery of M/s. BCCL in not providing employment to Sh. Mohan Bhogta the dependant son of Late Kartik Bhogta

under the provision of NCWA is fair and justified hence he is not entitled to get any relief. Claim rejected.

This is my award.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 341-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ

chlhlh,y ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vfèkdj.k@Je U;k;ky; ua- 1] /uckn ds iapkV (lanHkZ la[;k 24@2009) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks

06-02-2017 dks çkIr gqvk FkkA

¹la- ,y&20012@15@2009&vkbZvkj (lh,e&I)º

,e- ds- flag] vuqHkkx vf/dkjh

New Delhi, the 6th February, 2017

S.O. 341.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award of the Central Government Industrial Tribunal-cum-Labour Court No. 1,

Dhanbad (I.D. No. 24 of 2009) as shown in Annexure, in the industrial dispute between the employers in relation to the

management of M/s. BCCL and their workmen, which was received by the Central Government on 06.02.2017.

[No. L-20012/15/2009-IR (CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT IDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/S 10(1) (d) (2A) of I.D. Act,1947

Ref. No. 24 of 2009

Employer in relation to the management of Gondudih Colliery of M/s. BCCL

AND

Their workmen

Present : Shri R.K. Saran, Presiding Officer

Appearances :

For the Employers :- Shri U.N. Lall, Advocate

For the Workman :- Shri R.R. Ram, Rep.

State:-Jharkhand.

Industry :- Coal.

Dated 16/12/2016

704 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

AWARD

By order No.-L-20012/15/2009-IR (CM-I), dated. 13/04/2009 the Central Govt. in the Ministry of Labour has, in

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

Disputes Act.1947, referred the following disputes for adjudication to this Tribunal:

SCHEDULE

“Whether the action of the management of Gondudih Colliery under Kusunda Area of M/s. BCCL in

dismissing Sri Libiya Munda M/Loader from the service of the company w.e.f 22.11.2006 is justified

and legal? To what relief is the workman concerned entitled?”

2.

The case is received from the Ministry of Labour on 24.04.2009 After receipt of reference , both parties are

noticed. The Sponsoring Union files their written statement on 11.11.2009. But after long delay the management files

their written statement-cum-rejoinder on 17.06.2011. Thereafter rejoinder and document filed by both side. The point

involved in the reference is that the workman has been dismissed from his services.

3.

During preliminary hearing of this case, domestic enquiry held by the management is accept by the Sponsoring

Union/workman as Fair & Proper . Thereafter document of the management is marked as M-1 to M-7

4.

The point involved in the reference is that the workman has been dismissed from his services on the ground of

long absence. But he has already out of service for 10 years. It is felt to give another chance to the workman to

serve.

5.

Considering the facts and circumstances of this case, I hold that he be taken into job as a fresh employee in Cat-1.

But the workman be kept under probation for a period two year. Therefore the question of back wages does not arise at

all.

This is my award.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 342-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ

chlhlh,y ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vfèkdj.k@Je U;k;ky; ua- 1] /uckn ds iapkV (lanHkZ la[;k 93@1995) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks

06-02-2017 dks çkIr gqvk FkkA

¹la- ,y&20012@194@1993&vkbZvkj (lh&I)º

,e- ds- flag] vuqHkkx vf/dkjh

New Delhi, the 6th February, 2017

S.O. 342.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award of the Central Government Industrial Tribunal-cum-Labour Court No. 1,

Dhanbad (I.D. No. 93 of 1995) as shown in Annexure, in the industrial dispute between the employers in relation to the

management of M/s. BCCL and their workmen, which was received by the Central Government on 06.02.2017.

[No. L-20012/194/1993-IR (C-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT IDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/S 10(1) (d) (2A) of I.D. Act,1947

Ref. No. 93 of 1995

Employer in relation to the management of Kustore Area No. VIII M/s. BCCL

AND

Their workmen

Present : Shri R.K. Saran, Presiding Officer

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

705

Appearances :

For the Employers :- None

For the Workman :- None

State:-Jharkhand.

Industry :- Coal.

Dated 15/12/2016

AWARD

By order No. L-20012/194/1993-IR(C-I) dated 11/08/1995, the central Government in the Ministry of Labour

has, in exercise of the powers conferred by clause (d) of sub–section (1) and sub-section (2A) of section 10 of the

Industrial Disputes Act, 1947 referred the following dispute for adjudication to this Tribunal:

SCHEDULE

“Whether the management of Kustore Area No. VIII of M/s. BCCL is justified in retiring on

superannuation Shri Hiralal Ghoshal, Pump Operator w.e.f. 28/07/1991? If not, to what relief the

workman is entitled?”

2.

After receipt of the reference, both parties are noticed. But appearing for certain dates none appears subsequently.

Case remains pending. It is felt that the disputes between the parties have been resolved in the meantime. Hence No

Dispute Award is passed. Communicate.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 343-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ

chlhlh,y ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vfèkdj.k@Je U;k;ky; ua- 1] /uckn ds iapkV (lanHkZ la[;k 48@1996) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks

06-02-2017 dks çkIr gqvk FkkA

¹la- ,y&20012@161@1995&vkbZvkj (lh&I)º

,e- ds- flag] vuqHkkx vf/dkjh

New Delhi, the 6th February, 2017

S.O. 343.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award of the Central Government Industrial Tribunal-cum-Labour Court No. 1,

Dhanbad (I.D. No. 48 of 1996) as shown in Annexure, in the industrial dispute between the employers in relation to the

management of M/s. BCCL and their workmen, which was received by the Central Government on 06.02.2017.

[No. L-20012/161/1995-IR (C-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT IDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/S 10(1) (d) (2A) of I.D. Act,1947

Ref. No. 48/1996

Employer in relation to the management of Gondudih Colliery of M/s. BCCL

AND

Their workmen

Present : Shri R.K. Saran, Presiding Officer

Appearances :

For the Employers :- None

For the Workman :- None

706 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

State:-Jharkhand.

Industry :- Coal.

Dated 19/12/2016

AWARD

By order No. L-20012 /161/1995-IR(C-1) dated 06/08/1996, the central Government in the Ministry of Labour

has, in exercise of the powers conferred by clause (d) of sub–section (1) and sub-section (2A) of section 10 of the

Industrial Disputes Act, 1947 referred the following dispute for adjudication to this Tribunal:

SCHEDULE

“Whether the action of the management of Gondudih Colliery of M/s. BCCL in dismissing Sh. Ram

Nath Rajwar, miner/Loader from service is justified? If so, what relief the concerned workman is

entitled to ?”

2.

After receipt of the reference, both parties are noticed. But appearing for certain dates none appears subsequently.

Case remains pending. It is felt that the disputes between the parties have been resolved in the meantime. Hence No

Dispute Award is passed. Communicate.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 344-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ

chlhlh,y ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vfèkdj.k@Je U;k;ky; ua- 1] /uckn ds iapkV (lanHkZ la[;k 46@1996) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks

06-02-2017 dks çkIr gqvk FkkA

¹la- ,y&20012@169@1995&vkbZvkj (lh&I)º

,e- ds- flag] vuqHkkx vf/dkjh

New Delhi, the 6th February, 2017

S.O. 344.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award of the Central Government Industrial Tribunal-cum-Labour Court No. 1,

Dhanbad (I.D. No. 46 of 1996) as shown in Annexure, in the industrial dispute between the employers in relation to the

management of M/s. BCCL and their workmen, which was received by the Central Government on 06.02.2017.

[No. L-20012/169/1995-IR (C-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT IDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/S 10(1) (d) (2A) of I.D. Act,1947

Ref. No. 46/1996

Employer in relation to the management of Bhowra Area of M/s. BCCL

AND

Their workmen

Present : Shri R.K. Saran, Presiding Officer

Appearances :

For the Employers :- Shri D. K. Verma, Advocate

For the Workman :- Shri B.B. Pandey, Advocate

State:-Jharkhand

Industry :- Coal

Dated 15/12/2016

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

707

AWARD

By order No. L-20012/169/1995-IR(C-I) dated 06/08/1996, the Central Government in the Ministry of Labour

has, in exercise of the powers conferred by clause (d) of sub–section (1) and sub-section (2A) of section 10 of the

Industrial Disputes Act, 1947 referred the following dispute for adjudication to this Tribunal:

SCHEDULE

“Whether the demand by the Union for proper designation as Statistical Clerk of Sh. Srimohan Jha and

wages in Clerical grade I with effect from 1985 is justified ? If so to what relief is the workman

entitled?”

2.

This Case is received from the Ministry on 21.08.1996. After receipt of the reference, both parties are noticed

During the pendency of the case ld. Counsel of the workman submits that the Union is not interested tocontesting the

reference. It is felt that the dispute between parties is resolved. Hence “No dispute” award is passed. communicate.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 345-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ

chlhlh,y ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vfèkdj.k@Je U;k;ky; ua- 1] /uckn ds iapkV (lanHkZ la[;k 47@1996) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks

06-02-2017 dks çkIr gqvk FkkA

¹la- ,y&20012@184@1995&vkbZvkj (lh&I)º

,e- ds- flag] vuqHkkx vf/dkjh

New Delhi, the 6th February, 2017

S.O. 345.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award of the Central Government Industrial Tribunal-cum-Labour Court No. 1,

Dhanbad (I.D. No. 47 of 1996) as shown in Annexure, in the industrial dispute between the employers in relation to the

management of M/s. BCCL and their workmen, which was received by the Central Government on 06.02.2017.

[No. L-20012/184/1995-IR (C-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT IDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/S 10(1) (d) (2A) of I.D. Act,1947

Ref. No. 47/1996

Employer in relation to the management of Govindpur Area of M/s. BCCL

AND

Their workmen

Present : Shri R.K. Saran, Presiding Officer

Appearances :

For the Employers :- Shri D. K. Verma, Advocate

For the Workman :- None

State:-Jharkhand

Industry :- Coal

Dated 19/12/2016

AWARD

By order No. L-20012 /184/1995-IR(C-1) dated Nil, the central Government in the Ministry of Labour has, in

exercise of the powers conferred by clause (d) of sub–section (1) and sub-section (2A) of section 10 of the Industrial

Disputes Act, 1947 referred the following dispute for adjudication to this Tribunal:

708 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

SCHEDULE

“Whether the demand of the Union for payment of Group ‘B’ wages to Sh. Buchkan Jha for plying 35

Tonnes Terrex with retrospective effect by the management is justified? If so, to what relief is the

concerned workman entitled to and from which date ?

2.

After receipt of the reference, both parties are noticed. But appearing for certain dates by the workman, none

appears subsequently. Case remains pending. It is felt that the disputes between the parties have been resolved in the

meantime. Hence No Dispute Award is passed. Communicate.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 346-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ

chlhlh,y ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vfèkdj.k@Je U;k;ky; ua- 1] /uckn ds iapkV (lanHkZ la[;k 60@1995) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks

06-02-2017 dks çkIr gqvk FkkA

¹la- ,y&20012@179@1994&vkbZvkj (lh&I)º

,e- ds- flag] vuqHkkx vf/dkjh

New Delhi, the 6th February, 2017

S.O. 346.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award of the Central Government Industrial Tribunal-cum-Labour Court No. 1,

Dhanbad (I.D. No. 60 of 1995) as shown in Annexure, in the industrial dispute between the employers in relation to the

management of M/s. BCCL and their workmen, which was received by the Central Government on 06.02.2017.

[No. L-20012/179/1994-IR (C-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT IDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/S 10(1) (d) (2A) of I.D. Act,1947

Ref. No. 60/1995

Employer in relation to the management of Block II Area of M/s. BCCL

AND

Their workmen

Present : Shri R.K. Saran, Presiding Officer

Appearances :

For the Employers :- Shri D. K. Verma, Advocate

For the Workman :- None

State:-Jharkhand

Industry :- Coal

Dated 16/12/2016

AWARD

By order No. L-20012/179/1994-IR(C-I) dated 12/06/1995, the central Government in the Ministry of Labour

has, in exercise of the powers conferred by clause (d) of sub–section (1) and sub-section (2A) of section 10 of the

Industrial Disputes Act, 1947 referred the following dispute for adjudication to this Tribunal:

SCHEDULE

“Whether the action of the Chief General manager, Block II Area of M/s. BCCL, P.O. Nawagarh

(Dhanbad) in denying promotion to S/ Shri Janardan Singh and Daya Shankar Prasad, Greaser Helper

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

709

in Grade D and Subsequent grade C as per provisions of NCWA’S is Justified? If not, to what relief are

the concerned workman entitled ?”

2.

After receipt of the reference, both parties are noticed. But appearing for certain datesby the workman, none

appears subsequently. Case remains pending. It is felt that the disputes between the parties have been resolved in the

meantime. Hence No Dispute Award is passed. Communicate.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 347-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ

chlhlh,y ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vfèkdj.k@Je U;k;ky; ua- 1] /uckn ds iapkV (lanHkZ la[;k 42@1995) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks

06-02-2017 dks çkIr gqvk FkkA

¹la- ,y&20012@240@1992&vkbZvkj (lh,e&I)º

,e- ds- flag] vuqHkkx vf/dkjh

New Delhi, the 6th February, 2017

S.O. 347.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award of the Central Government Industrial Tribunal-cum-Labour Court No. 1,

Dhanbad (I.D. No. 42 of 1995) as shown in Annexure, in the industrial dispute between the employers in relation to the

management of M/s. BCCL and their workmen, which was received by the Central Government on 06.02.2017.

[No. L-20012/240/1992-IR (CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT IDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/S 10(1) (d) (2A) of I.D. Act,1947

Ref. No. 42/1995

Employer in relation to the management of Basudeopur Colliery of M/s. BCCL

AND

Their workmen

Present : Shri R.K. Saran, Presiding Officer

Appearances :

For the Employers :- None

For the Workman :- None

State:-Jharkhand

Industry :- Coal

Dated 21/12/2016

AWARD

By order No. L-20012 /240/1992-IR(C-1) dated 04/05/1995, the central Government in the Ministry of Labour

has, in exercise of the powers conferred by clause (d) of sub –section (1) and sub-section (2A) of section 10 of the

Industrial Disputes Act, 1947 referred the following dispute for adjudication to this Tribunal:

SCHEDULE

“Whether the demand of the Union for regularization by the principal employer, viz., management of

Basudeopur Colliery in Sijua Area of M/s BCCL, of Shri Rahman Mian and 24 others ( as per list

enclosed) employed through the contractor is legal and justified in the light of the supreme Court

Judgment in dina Nath case? If so, to what relief these concerned workmen are entitled and from which

date ?

710 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

Annexure

SL.No

Name

Father’s name

1

Sri Rahman Mian

Sri Hushalu Mian

2

Sri Gulam Rasul

Sri Naula Mian

3

Sri Sohaid Ansari

Sri Shamsul Mian

4

Sri Naresh Yadav

Sri Ram Das Yadav

5

Sri Ram Suchit Yadav

Sri Ram Dat Yadav

6

Sri Arbind Kumar Yadav

Sri Shiv Murti Yadav

7

Sri Uma Shankar

Sri Jairam

8

Sri Jitendra yadav

Sri Saryoo Yadav

9

Sri Mukhadeo

Late Ramratan Yadav

10

Sri Wajir Alam

Sri Sarfuddin

11

Sri Ayub Khan

Sri Badre Alam Khan

12

Sri Dilip Kumar Rajbhar

Sri Lutu Rajbhar

13

Sri Devendra Kumar

Sri Ramdeo Singh

14

Sri Jamaluddin Khan

Sri Nurul hoda

15

Sri Sabir Khan

Sri Samiulah Khan

16

Sri Noor Mohamad

Late Aziz Khan

17

Sri Noor Alam Khan

Sri Khairati Khan

18

Sri Lalan Kumar Singh

Sri Nagdeo Singh

19

Sri Anand Kumar Mandal

Sri Dwarika Mondal

20

Sri Sahdeo Kumar Singh

Sri Jamuna Pd. Singh

21

Sri Jayant Kumar Singh

Sri Rabindra Kr. Singh

22

Sri Rameshwar Singh

Sri Ramadhar Singh

23

Sri Manoj Kumar Singh

Sri Ram Ayodhaya Singh

24

Sri Pradip Kumar Dash

Sri Ghansyam Dash

25

Sri Okhatar Khan

Late Aziz Khan

2.

After receipt of the reference, both parties are noticed. But appearing for certain dates none appears subsequently.

Case remains pending. It is felt that the disputes between the parties have been resolved in the meantime. Hence No

Dispute Award is passed. Communicate.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 348-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ

chlhlh,y ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vfèkdj.k@Je U;k;ky; ua- 1] /uckn ds iapkV (lanHkZ la[;k 67@1995) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks

06-02-2017 dks çkIr gqvk FkkA

¹la- ,y&20012@275@1994&vkbZvkj (lh,e&I)º

,e- ds- flag] vuqHkkx vf/dkjh

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

711

New Delhi, the 6th February, 2017

S.O. 348.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award of the Central Government Industrial Tribunal-cum-Labour Court No. 1,

Dhanbad (I.D. No. 67 of 1995) as shown in Annexure, in the industrial dispute between the employers in relation to the

management of M/s. BCCL and their workmen, which was received by the Central Government on 06.02.2017.

[No. L-20012/275/1994-IR (CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT IDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/S 10(1) (d) (2A) of I.D. Act,1947

Ref. No. 67/1995

Employer in relation to the management of Kusunda Area M/s. BCCL

AND

Their workman

Present : Shri R.K. Saran, Presiding Officer

Appearances :

For the Employers :- None

For the Workman :- None

State:-Jharkhand

Industry :- Coal

Dated 22/12/2016

AWARD

By Order No. L-20012/275/1994-IR(C-I) dated 21/06/1995, the central Government in the Ministry of Labour

has, in exercise of the powers conferred by clause (d) of sub –section (1) and sub-section (2A) of section 10 of the

Industrial Disputes Act, 1947 referred the following dispute for adjudication to this Tribunal:

SCHEDULE

“Whether the union is justififed in demanding promotion of Shri Mahesh Gope, Night Guard as Night

Guard Havaldar w.e.f. 18/01/1983 ? If so, to what relief the workman is entitled to ?”

2.

After receipt of the reference, both parties are noticed. But appearing for certain dates none appears subsequently.

Case remains pending. It is felt that the disputes between the parties have been resolved in the meantime. Hence No

Dispute Award is passed. Communicate.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 349-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ

chlhlh,y ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vfèkdj.k@Je U;k;ky; ua- 1] /uckn ds iapkV (lanHkZ la[;k 76@1995) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks

06-02-2017 dks çkIr gqvk FkkA

¹la- ,y&20012@299@1994&vkbZvkj (lh,e&I)º

,e- ds- flag] vuqHkkx vf/dkjh

New Delhi, the 6th February, 2017

S.O. 349.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award of the Central Government Industrial Tribunal-cum-Labour Court No. 1,

712 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

Dhanbad (I.D. No. 76 of 1995) as shown in Annexure, in the industrial dispute between the employers in relation to the

management of M/s. BCCL and their workmen, which was received by the Central Government on 06.02.2017.

[No. L-20012/299/1994-IR (CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT IDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/S 10(1) (d) (2A) of I.D. Act,1947

Ref. No. 76/1995

Employer in relation to the management of Bhowra Area of M/s. BCCL

AND

Their workmen

Present : Shri R.K. Saran, Presiding Officer

Appearances :

For the Employers :- Shri D.K. Verma, Advocate

For the Workman :- None

State:-Jharkhand

Industry :- Coal

Dated 15/12/2016

AWARD

By order No. L-20012/299/1994-IR(C-I) dated 14/07/1995, the central Government in the Ministry of Labour

has, in exercise of the powers conferred by clause (d) of sub –section (1) and sub-section (2A) of section 10 of the

Industrial Disputes Act, 1947 referred the following dispute for adjudication to this Tribunal:

SCHEDULE

“Whether the action of the management of Bhowra Area of M/s BCCL in reverting S/Shri Bhagwati

Charan Mishra and Kumud Kumar Jha from clerical Grade-I to Category- I w.e.f. 11/01/1983 is

justified? If not, to what relief the concerned workmen are entitled ?”

2.

After receipt of the reference, both parties are noticed. But appearing for certain dates by the workmen, none

appears subsequently. Case remains pending. It is felt that the disputes between the parties have been resolved in the

meantime. Hence No Dispute Award is passed. Communicate.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 350-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ

chlhlh,y ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vfèkdj.k@Je U;k;ky; ua- 1] /uckn ds iapkV (lanHkZ la[;k 126@1995) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks

06-02-2017 dks çkIr gqvk FkkA

¹la- ,y&20012@446@1994&vkbZvkj (lh,e&I)º

,e- ds- flag] vuqHkkx vf/dkjh

New Delhi, the 6th February, 2017

S.O. 350.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award of the Central Government Industrial Tribunal-cum-Labour Court No. 1,

Dhanbad (I.D. No. 126 of 1995) as shown in Annexure, in the industrial dispute between the employers in relation to

the management of M/s. BCCL and their workmen, which was received by the Central Government on 06.02.2017.

[No. L-20012/446/1994-IR (CM-I)]

M. K. SINGH, Section Officer

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

713

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT IDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/S 10(1) (d) (2A) of I.D. Act,1947

Ref. No. 126/1995

Employer in relation to the management of Kharkharee Colliery of M/s. BCCL

AND

Their workmen

Present : Shri R.K. Saran, Presiding Officer

Appearances :

For the Employers :- Shri Ganesh Prasad, Advocate

For the Workman :- None

State:-Jharkhand

Industry :- Coal

Dated 22/12/2016

AWARD

By Order No. L-20012/446/1994-IR(C-I) dated 18/10/1995, the central Government in the Ministry of Labour

has, in exercise of the powers conferred by clause (d) of sub –section (1) and sub-section (2A) of section 10 of the

Industrial Disputes Act, 1947 referred the following dispute for adjudication to this Tribunal:

SCHEDULE

“Whether the demand of the Union that the date of birth of Shri Upendra Singh, Night Guard of

Kharkharee Colliery be recorded as 15/04/1941 is justified? If so, to what relief is the concerned

workman entitled?”

2.

After receipt of the reference, both parties are noticed. But appearing for certain dates by the workman, none

appears subsequently. Case remains pending. It is felt that the disputes between the parties have been resolved in the

meantime. Hence No Dispute Award is passed. Communicate.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 351-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ

chlhlh,y ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vfèkdj.k@Je U;k;ky; ua- 1] /uckn ds iapkV (lanHkZ la[;k 125@1995) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks

06-02-2017 dks çkIr gqvk FkkA

¹la- ,y&20012@409@1994&vkbZvkj (lh,e&I)º

,e- ds- flag] vuqHkkx vf/dkjh

New Delhi, the 6th February, 2017

S.O. 351.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award of the Central Government Industrial Tribunal-cum-Labour Court No. 1,

Dhanbad (I.D. No. 125 of 1995) as shown in Annexure, in the industrial dispute between the employers in relation to

the management of M/s. BCCL and their workmen, which was received by the Central Government on 06.02.2017.

[No. L-20012/409/1994-IR (CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT IDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/S 10(1) (d) (2A) of I.D. Act,1947

Ref. No. 125/1995

714 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

Employer in relation to the management of Mudidih Colliery of M/s. BCCL

AND

Their workmen

Present : Shri R.K. Saran, Presiding Officer

Appearances :

For the Employers :- None

For the Workman :- None

State:-Jharkhand

Industry :- Coal

Dated 20/12/2016

AWARD

By Order No. L-20012/409/1994-IR(C-I) dated 10/10/1995, the Central Government in the Ministry of Labour

has, in exercise of the powers conferred by clause (d) of sub –section (1) and sub-section (2A) of section 10 of the

Industrial Disputes Act, 1947 referred the following dispute for adjudication to this Tribunal:

SCHEDULE

“Whether the action of the management of Mudidih Colliery of M/s BCCL in superannuating

Sri Mahabir Singh, Fireman w.e.f. 14/07/1993 is justified? If not, to what relief Shri Singh is entitled?”

2.

After receipt of the reference, both parties are noticed. But appearing for certain dates none appears subsequently.

Case remains pending. It is felt that the disputes between the parties have been resolved in the meantime. Hence No

Dispute Award is passed. Communicate.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 352-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ

chlhlh,y ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vfèkdj.k@Je U;k;ky; ua- 1] /uckn ds iapkV (lanHkZ la[;k 127@1995) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks

06-02-2017 dks çkIr gqvk FkkA

¹la- ,y&20012@456@1994&vkbZvkj (lh,e&I)º

,e- ds- flag] vuqHkkx vf/dkjh

New Delhi, the 6th February, 2017

S.O. 352.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award of the Central Government Industrial Tribunal-cum-Labour Court No. 1,

Dhanbad (I.D. No. 127 of 1995) as shown in Annexure, in the industrial dispute between the employers in relation to

the management of M/s. BCCL and their workmen, which was received by the Central Government on 06.02.2017.

[No. L-20012/456/1994-IR (CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT IDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/s. 10(1) (d) (2A) of I.D. Act,1947

Ref. No. 127/1995

Employer in relation to the management of Bhowra Area No. XI of M/s. BCCL

AND

Their workmen

Present : Shri R.K. Saran, Presiding Officer

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

715

Appearances :

For the Employers :- Shri D.K. Verma, Advocate

For the Workman :- None

State:-Jharkhand

Industry :- Coal

Dated 21/12/2016

AWARD

By Order No. L-20012/456/1994-IR(C-I) dated 18/10/1995, the Central Government in the Ministry of Labour

has, in exercise of the powers conferred by clause (d) of sub –section (1) and sub-section (2A) of section 10 of the

Industrial Disputes Act, 1947 referred the following dispute for adjudication to this Tribunal:

SCHEDULE

“Whether the action of the management of Bhowra Area No. XI of M/s. BCCL is justified in dismissing

the service of Shri Ram Prasad Singh, Night Guard w.e.f. 17/06/1993. If not, to what relief is Shri Ram

Prasad Singh entitled ?”

2.

After receipt of the reference, both parties are noticed. But appearing for certain dates by the workman, none

appears subsequently. Case remains pending. It is felt that the disputes between the parties have been resolved in the

meantime. Hence No Dispute Award is passed. Communicate.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 353-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ

chlhlh,y ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vfèkdj.k@Je U;k;ky; ua- 1] /uckn ds iapkV (lanHkZ la[;k 130@1995) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks

06-02-2017 dks çkIr gqvk FkkA

¹la- ,y&20012@465@1994&vkbZvkj (lh,e&I)º

,e- ds- flag] vuqHkkx vf/dkjh

New Delhi, the 6th February, 2017

S.O. 353.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award of the Central Government Industrial Tribunal-cum-Labour Court No. 1,

Dhanbad (I.D. No. 130 of 1995) as shown in Annexure, in the industrial dispute between the employers in relation to

the management of M/s. BCCL and their workmen, which was received by the Central Government on 06.02.2017.

[No. L-20012/465/1994-IR (CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT IDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/s. 10(1) (d) (2A) of I.D. Act,1947

Ref. No. 130/1995

Employer in relation to the management of Bhalgora Area of M/s. BCCL

AND

Their workmen

Present : Shri R.K. Saran, Presiding Officer

Appearances :

For the Employers :- Shri D.K. Verma, Advocate

For the Workman :- None

716 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

State:-Jharkhand

Industry :- Coal

Dated 20/12/2016

AWARD

By Order No. L-20012/465/1994-IR(C-I) dated 06/11/1995, the Central Government in the Ministry of Labour

has, in exercise of the powers conferred by clause (d) of sub–section (1) and sub-section (2A) of section 10 of the

Industrial Disputes Act, 1947 referred the following dispute for adjudication to this Tribunal:

SCHEDULE

“Whether the demand of the Union that Shri Shyamjit Harijan and 44 others ( as per list enclosed ) who

were regularized in time- rated category vide order No 8: PM 84: 13587 dt. 14/24 July, 84 are entitle to

claim the benefits of Piece Rated Allowance for fixation of wages in converted category is legal and

justified? If so, to what relief are the concerned workmen entitled ?”

List of Workmen

1

Sri Abhi Nath Harijan

2

Sri Panchu Mahato

3

Sri Sohan Ram

4

Sri Ash Mohammad

5

Sri Chnatu Das

6

Sri Bhikhi Harijan

7

Sri Ramlal Harijan

8

Sri Mahadeo Singh

9

Sri Bhikhi Singh

10

Sri Kamalpati Singh

11

Sri Ashoo Das

12

Sri Hablal Das

13

Sri Ramlal

14

Sri Anil Bouri

15

Sri Subaran Singh-I

16

Sri Bowri Das

17

Sri Bachu Ram

18

Sri Raju Rajbashi

19

Sri Sanichar Pujaha

20

Sri Sew Nath Harijan

21

Sri Ram Tahal Harijan

22

Sri Biswa Nath Prasad

23

Sri Israil Mia.

24

Sri Shyamjit Harijan

25

Sri Rambilash Dusad

26

Sri Sabrati Mia

27

Sri Buchu Das

28

Sri Habib Mia

29

Sri Gagur Mia-I

30

Sri Sitaram Harijan

31

Sri Bisram Harijan

32

Sri Baliram Harijan

33

Sri Brihaspat Mandal

34

Sri Bandhu Bhuia

35

Sri Gulu Mahato

36

Sri Dukhan Mandal

37

Sri jagdish Mandal

38

Sri Bhuneshwar Mandal

39

Sri Subaran Singh-II

40

Sri Sikhi Harijan

41

Sri Sew Pujan Kurmi

42

Sri Ram Sagar Shaw

43

Sri Rustam Mia –II

44

Sri Umesh Ram

45

Sri Begu Das

2.

After receipt of the reference, both parties are noticed. But appearing for certain dates none appears subsequently.

Case remains pending. It is felt that the disputes between the parties have been resolved in the meantime. Hence No

Dispute Award is passed. Communicate.

R. K. SARAN, Presiding Officer

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

717

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 354-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ

chlhlh,y ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vfèkdj.k@Je U;k;ky; ua- 1] /uckn ds iapkV (lanHkZ la[;k 83@1995) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks

06-02-2017 dks çkIr gqvk FkkA

¹la- ,y&20012@295@1994&vkbZvkj (lh,e&I)º

,e- ds- flag] vuqHkkx vf/dkjh

New Delhi, the 6th February, 2017

S.O. 354.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award of the Central Government Industrial Tribunal-cum-Labour Court No. 1,

Dhanbad (I.D. No. 83 of 1995) as shown in Annexure, in the industrial dispute between the employers in relation to the

management of M/s.. BCCL and their workmen, which was received by the Central Government on 06.02.2017.

[No. L-20012/295/1994-IR (CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT IDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/s. 10(1) (d) (2A) of I.D. Act,1947

Ref. No. 83/1995

Employer in relation to the management of 20/21 Pits Murlidih Colliery, BCCL

AND

Their workmen

Present : Shri R.K. Saran, Presiding Officer

Appearances :

For the Employers :- None

For the Workman :- None

State : Jharkhand

Industry : Coal

Dated 16/12/2016

AWARD

By Order No. L-20012/295/1994-IR(C-I) dated 14/07/1995, the Central Government in the Ministry of Labour

has, in exercise of the powers conferred by clause (d) of sub–section (1) and sub-section (2A) of section 10 of the

Industrial Disputes Act, 1947 referred the following dispute for adjudication to this Tribunal:

SCHEDULE

“Whether the action of the General Manager Mohuda Area No. II of M/s.. BCCL in denying to refer

Shri Prem Mahto, Timber Mazdoor to the Apex Medical Board for assessment of his age is justified? If

not, to what relief is the concerned workman entitled?”

2.

After receipt of the reference, both parties are noticed. But appearing for certain dates none appears subsequently.

Case remains pending. It is felt that the disputes between the parties have been resolved in the meantime. Hence No

Dispute Award is passed. Communicate.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 6 iQjojh] 2017

dk-vk- 355-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ

chlhlh,y ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj

718 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

vkS|ksfxd vfèkdj.k@Je U;k;ky; ua- 1] /uckn ds iapkV (lanHkZ la[;k 99@1995) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks

06-02-2017 dks çkIr gqvk FkkA

¹la- ,y&20012@324@1994&vkbZvkj (lh,e&I)º

,e- ds- flag] vuqHkkx vf/dkjh

New Delhi, the 6th February, 2017

S.O. 355.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award of the Central Government Industrial Tribunal-cum-Labour Court No. 1,

Dhanbad (I.D. No. 99 of 1995) as shown in Annexure, in the industrial dispute between the employers in relation to the

management of M/s.. BCCL and their workmen, which was received by the Central Government on 06.02.2017.

[No. L-20012/324/1994-IR (CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT IDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/s. 10(1) (d) (2A) of I.D. Act,1947

Ref. No. 99/1995

Employer in relation to the management of Barora Washery M/s.. BCCL

AND

Their workmen

Present : Shri R.K. Saran, Presiding Officer

Appearances :

For the Employers :- None

For the Workman :- None

State : Jharkhand

Industry : Coal

Dated 15/12/2016

AWARD

By Order No. L-20012/324/1994-IR(C-I) dated 25/08/1995, the Central Government in the Ministry of Labour

has, in exercise of the powers conferred by clause (d) of sub –section (1) and sub-section (2A) of section 10 of the

Industrial Disputes Act, 1947 referred the following dispute for adjudication to this Tribunal:

SCHEDULE

“Whether the action of the General Manager, Central Coal Washiers organization of M/s.. BCCL,

Saraidhela in denying to regularizes Sri Rajeshwar Bouri, Helper of Barora Washery as Pump

Operator is justified? If not, to what relief is the concerned workman entitled?”

2.

After receipt of the reference, both parties are noticed. But appearing for certain dates none appears subsequently.

Case remains pending. It is felt that the disputes between the parties have been resolved in the meantime. Hence No

Dispute Award is passed. Communicate.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 8 iQjojh] 2017

dk-vk- 356-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if'pe jsyos

ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds 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 10@2011) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 08-02-2017 dks çkIr

gqvk FkkA

¹la- ,y&41011@33@2008&vkbZvkj (ch&I)º

ch- ,l- fc"V] vuqHkkx vf/dkjh

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

719

New Delhi, the 8th February, 2017

S.O. 356.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 10/2011) of the Central Government Industrial Tribunal-cum-

Labour Court, Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western

Railway and their workmen, received by the Central Government on 08.02.2017.

[No. L-41011/33/2008-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 7th October, 2016

Reference: (CGITA) No. 10/2011

The Divisional Railway Manager,

Western Railway, DRM Office, Pratap Nagar,

Baroda (Gujarat)

…First Party

V/s

The Divisional Secretary,

Paschim Railway Karmachari Parishad,

134, Near Vishwakarma Mandir,

Opposite Railway Colony, Sabarmati,

Ahmedabad (Gujarat)

…Second Party

For the First Party : Smt. Sonal Patel

For the Second Party : Shri R.S. Sisodiya

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-41011/33/2008-

IR(B-I) dated 11.02.2011 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 Divisional Railway Manager, Western Railway, Baroda/Ahmedabadin

not giving another posting of Safaiwala to Smt. Ramuben, Ex-Gangwoman w.e.f. 25.06.1999 after she was

decatorized from the post of Gangwoman, is legal and justified? To what relief the workman is entitled?”

1.

The reference dates back to 11.02.2011.Both the parties were served but neither of the parties submitted their

statement of claim or written statement, as the case may be. The second party, The Secretary, Paschim Railway

Karmachari Parishad, Shri R.S. Sisodiya today on 07.10.2016 expressed unwillingness to proceed in the case and

requested to withdraw from the reference.

2.

Thus the reference is disposed of as not pressed.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 8 iQjojh] 2017

dk-vk- 357-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if'pe jsyos

ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèkdj.k

720 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

,oa Je U;k;ky;] vgenkckn ds iapkV (lanHkZ la[;k 24@2014) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 08-02-2017 dks çkIr

gqvk FkkA

¹la- ,y&41011@1@2014&vkbZvkj (ch&I)º

ch- ,l- fc"V] vuqHkkx vf/dkjh

New Delhi, the 8th February, 2017

S.O. 357.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 24/2014) of the Central Government Industrial Tribunal-cum-

Labour Court, Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western

Railway and their workmen, received by the Central Government on 08.02.2017.

[No. L-41011/1/2014-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 7th October, 2016

Reference: (CGITA) No. 24/2014

The Divisional Railway Manager,

Western Railway, Near Chamunda Bridge, Asarwa,

Ahmedabad (Gujarat)

…First Party

V/s

The Vice President,

Paschim Railway Karmachari Parishad,

Near Vishwakarma Mandir,

Opposite Railway Colony, Sabarmati,

Ahmedabad (Gujarat)

…Second Party

For the First Party : None

For the Second Party : Shri R.S. Sisodiya

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-41011/1/2014-

IR(B-I) dated 25.02.2014 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 Paschim Railway Karmachari Parishad for correct pay fixation of Shri Man Singh

Punja, Pointsman, Ahmedabad at par with his juniors and payment of arrears accordingly by the management of

Divisional Railway Manager, Western Railway, Ahmedabad is justified? To what relief the workman is

entitled?”

1.

The reference dates back to 25.02.2014.Both the parties were served but neither of the parties submitted their

statement of claim or written statement, as the case may be. The second party, The Secretary, Paschim Railway

Karmachari Parishad, Shri R.S. Sisodiya today on 07.10.2016 expressed unwillingness to proceed in the case and

requested to withdraw from the reference.

2.

Thus the reference is disposed of as not pressed.

P. K. CHATURVEDI, Presiding Officer

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

721

ubZ fnYyh] 8 iQjojh] 2017

dk-vk- 358-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if'pe jsyos

ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds 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 30@2004) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 08-02-2017 dks çkIr

gqvk FkkA

¹la- ,y&41012@33@94&vkbZvkj (ch&I)º

ch- ,l- fc"V] vuqHkkx vf/dkjh

New Delhi, the 8th February, 2017

S.O. 358.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 30/2004) of the Central Government Industrial Tribunal-cum-

Labour Court, Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western

Railway and their workmen, received by the Central Government on 08.02.2017.

[No. L-41012/33/94-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 18th October, 2016

Reference: (CGITA) No. 30/2004

The Divisional Railway Manager,

Western Railway, Kothi Compound,

Rajkot (Gujarat) – 360001

…First Party

V/s

The Secretary,

Paschim Railway KarmachariParishad,

E-209, Sarvottamnagar, Sabarmati,

Ahmedabad (Gujarat)

…Second Party

For the First Party

:

Shri H.B. Shah

For the Second Party

:

Shri R.S. Sisodiya

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-41012/33/94-

IR(B-I) dated 15.06.1995 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 Divisional Railway Manager, Western Railway, Rajkot& Assistant Mechanical Engineer,

Rajkot in terminating the services of Shri Ashok B. Pandit, Cleaner, C&W Rajkot w.e.f. 20.09.1993 by way of

“Removal from Railway Services” vide N.I.P. dated 20.09.1993 is legal, proper and justified? If not, to what

relief the workman is entitled to?”

1.

The reference dates back to 15.06.1995. The second party in his statement of claim alleged that Ashok Babulal

Pandit was serving as cleaner (as class 4th employee) at Carriage and Wagon Depot, Rajkot under the Divisional

Railway Manager, Western Railway, Rajkot. He had been earlier posted at Carriage and Wagon Depot, Ahmedabad

722 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

and was an active worker of Paschim Railway Karmachari Parishad. He used to raise employees problems/issues

before the railway administration. Paschim Railway Karmachari Parishad is a recognized trade union working all over

western railway. The railway administration has been envious to the Paschim Railway Karmachari Parishad activities

and used to harass the employees affiliated to the Paschim Railway Karmachari Parishad. The workman Ashok B.

Pandit had been a class 4th employee and his seniority was maintained Depot wise instead of Railway Division wise.

Due to his union activities, he was transferred to The Carriage and Wagon Depot, Rajkot which was against the

provisions of Industrial Disputes Act being the unfair labour practice provided in Para 7 of the 5th Schedule under

Section 2(r)(a) and Section 25 U of the Industrial Disputes Act. Therefore, the matter was raised before The Labour

Commissioner, Ahmedabad and Ministry of Labour, Government of India in 1992 but to no result, consequently he

resumed his duty at new place that is The Carriage and Wagon Depot, Mehsana where he was directed to join duty at

Rajkot. In obedience to the order of the railway administration, the later joined at joined where he was served with a

charge sheet on 18.02.1992 and after a colourable exercise of inquiry he was removed from service on 20.09.1993. The

said action was totally illegal. He approached the appropriate authority against the said action and after a favourable

decision he immediately resumed his duties and to call it an unauthorised absence was totally wrong. He further

alleged that for the period of absence, railway administration deducted his pay or other allowances which comes with in

the definition of punishment but later for the same charge, the punishment of removal was awarded which is against the

principles of natural justice. He further alleged that the railway administration also infringed the provisions of the

Section 33 of the Industrial Disputes Act, 1947 as Industrial Disputes No. ADI/8/11/93 was pending before the

Assistant Labour Commissioner, Ahmedabad by removing the second party workman from the service. He further

alleged that the railway administration be restrained to engaged any advocate as per the provisions of the I.D. Act and

prayed that the action taken of removal from service vide NIP dated 20.09.1993 be declared null and void and to

reinstate with all consequential benefits including back wages and other relief as tribunal deems fit.

2.

The first party Divisional Railway Manager, Western Railway vide written statement Ext. 22 submitted that the

reference is not maintainable, barred by delay, latches and acquiescence as no explanation has been giving regarding

the delay and latches. All the averments made in the statement of claim are false and incorrect because workman Ashok

B. Pandit was posted in Carriage and Wagon Department at Sabarmati at the relevant time under the administrative

control of Divisional Railway Manager, Western Railway, Rajkot. Paschim Railway Karmachari Parishad is not a

recognised trade union. It is incorrect to say that railway administration used to harass the employees like enemy due to

trade union activities. It is not true and correct to say that workman Ashok B. Pandit, a cleaner at C&W, Depot,

Sabarmati was transferred due to trade union activities and raising disputes about fellow workman. His transfer was a

routine transfer due to administrative exigency being a condition of service which was legal and justified. The cause of

remaining absence and not joining at the transferred place was not explained. He raised the dispute before the Assistant

Labour Commissioner by demand notice but it was not referred for adjudication by failure report. The second party

workman attempted to resume duty at transfer place Mehsana on 26.02.1992 without any intimation for his absence;

therefore, he was directed to approach DRM, Rajkot. He did not comply the transfer for more than 19 and half months.

Therefore departmental inquiry was initiated serving with the charge sheet dated 18.02.1992 by way of SF- 5. It is

wrong to say that departmental inquiry was a colourable exercise of power. The transfer order was also challenged

before the Assistant Labour Commissioner who did not refer the matter for adjudication and the non-payment of wages

was based on the policy of no work no pay, therefore, it cannot be said to be punishment and violative of Section 33 of

the I.D. Act. The truth is that the second party workman Ashok B. Pandit was working as cleaner at Sabarmati

ADI(MG) with in the Rajkot Division. He was transferred and relieved vide order No. ECW/2A/177 to C&W Depot,

Mehsana and to resume duty there within 10 days. But instead of joining, he raised the dispute before the Assistant

Labour Commissioner who did not refer it for adjudication. The said order became final as being not challenged in the

Gujarat High Court. During the course of proceedings before the Assistant Labour Commissioner, he remained absent;

therefore he was subjected to departmental inquiry by serving charge sheet SF-5. He was given full opportunity to

defend himself. All the witnesses were examined in his presence with an opportunity to cross-examine them. After a

full-fledged inquiry, he was removed from service. It is noteworthy that he did not challenge the transfer order in the

present reference. Thus the reference is devoid of merits and deserved to be rejected.

3.

On the basis of the pleadings and the reference following issues are to be addressed by the tribunal:

(i)

Whether the action of Divisional Railway Manager, Western Railway, Rajkot & Assistant Mechanical

Engineer, Rajkot in terminating the services of Shri Ashok B. Pandit, Cleaner, C&W Rajkot w.e.f.

20.09.1993 by way of “Removal from Railway Services” vide N.I.P. dated 20.09.1993 is legal, proper and

justified?

(ii)

To what relief, if any, the workman is entitled?

Issue No. (i): The burden to prove it was on the second party workman Ashok B. Pandit stated on oath by way of

affidavit/examination in chief that he was serving as cleaner class 4th staff in 1990 in Carriage and Wagon Depot,

Ahmedabad under in Divisional Railway Manager, Rajkot. During the said year 1990, the seniority of the class 4th

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

723

employee was maintained Depot wise and their transfer was not permissible as per Western Railway Establishment

Manual.On 16th of June, 1990, Chief Depot Officer, Ahmedabad issued a letter No. E/839/2 dated 16.06.1990 for his

transfer to work under Chief Carriage & Wagon Superintendent, Mehsana. Before accepting the said transfer and letter,

he questioned the validity of the letter as to under what circumstances he (workman) was transferred to outside

Ahmedabad Carriage & Wagon Depot but to no reply, he accepted the letter. Thereafter, he approached the proper

authority for questioning the legality of the letter but he was relieved from the Ahmedabad Depot and his name was

removed from the Muster roll. He also stated that as he questioned the legality of the order, therefore, it is questionable

as to how he was treated as absence from duty. On 12.02.1992, he resumed duty at Mehsana where he was directed to

DRM, Rajkot and there he received letter of his transfer from Mehsana to Rajkot which he carried out and joined the

duty. On 18.02.1992, he was issued charge sheet SF-5 by B.L. Kapadia, AME Rajkot charging him that he remained

unauthorised absent from 18.02.1990 to 12.02.1992, he was subjected to inquiry. The inquiry officer permitted the

examination of 7 witnesses instead of 3 witnesses mentioned in SF-5 being violative of B.A. Rule 1. In the said inquiry,

he was held guilty of long unauthorised absence and was punished from removal of service. In his cross-examination,

he stated that vide order dated 16.06.1990 he was transferred from Ahmedabad to Mehsana to resume duty being the

order illegal and also being challenged before the appropriate authority. He admitted that he did not apply for the

extension of joining time. He also admitted that he did not join from 16.06.1990 to 11.06.1992. He participated in the

departmental inquiry and as a punishment he was removed from service.

In reply to the aforesaid evidence Umnesh Harivadan Trivedi Divisional Personal Officer, Rajkot Division stated

on oath that the workman was appointed as cleaner at Carriage & Wagon Depot, Ahmedabad later vide order in

question, he was transferred to C & W, Mehsana in the same scale and post and later he was transferred to Rajkot on

the administrative exigency which was one of the service condition. At the time of transfer from C & W, Mehsana, he

raised No. of demands by submitting a charter before the Assistant Labour Commissioner. Same were after

reconciliation, culminated in to failure. He has not raised any dispute regarding the transfer before the Assistant Labour

Commissioner. Therefore, the said transfer was final. The Railway Administration vide office memorandum DRM(E)

RJT Memorandum Member ECW/CA/177 dated 11.06.1990 Ashok Pandit was transferred to C&W Mehsana giving

him 10 day time to join there and was relieved from duty at Ahmedabad. But he flouted the order and absented without

following the departments leave rules. He remained absent for a long time therefore he was served a charge sheet dated

12.02.1998. He was subjected to enquiry and was punished under going through departmental enquiry. In his cross-

examination, he has failed to explain as to why he was transferred against the spirit of Western Railway order No. E.P.

839/2 dated 28.01.1970 wherein it has been provided that transfer should take place strictly according to the seniority

of the staff. The aforesaid order also provided that according the Railway Boards letter No. E(NGY66-TR2/2) dated

27.07.1966. The junior most employees should be transferred first whenever any contraction took place. The aforesaid

witness of the first party has failed to explain in his cross-examination as to whether the workman Ashok B. Pandit was

junior most and was transferred as per the Railway Board’s directions.

4.

Thus in the light of the aforesaid evidence of the first party witness, the action of the first party prima fasciae is

against the directives and order of the Railway Board which can be said to be biased and vindictive. Thus the action

taken deserves to be struck down.

5.

Thus in the light of the aforesaid reasoning, I come to the conclusion that the action taken by the first party was

illegal, improper and unjustified.

6.

The award is passed accordingly.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 8 iQjojh] 2017

dk-vk- 359-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj LVsV cSad

vkWiQ lkSjk"Vª (ukm ,l ch vkbZ) 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 976@2004) dks çdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 08-02-2017 dks çkIr gqvk FkkA

¹la- ,y&12012@115@93&vkbZvkj (ch&I)º

ch- ,l- fc"V] vuqHkkx vf/dkjh

New Delhi, the 8th February, 2017

S.O. 359.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 976/2004) of the Central Government Industrial Tribunal-cum-

724 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

Labour Court, Ahmedabad as shown in the Annexure, in the industrial dispute between the management of State Bank

of Saurashtra (Now SBI) and their workmen, received by the Central Government on 08.02.2017.

[No. L-12012/115/93-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 14th October, 2016

Reference: (CGITA) No. 976/2004

The Zonal Manager,

State Bank of Saurashtra (now SBI),

Swami Vivekananda Road,

Rajkot (Gujarat) – 360002

…First Party

V/s

Shri Dinkar P. Doshi,

C/o Shri Jagdip C. Doshi,

Advocate, 1, New Ghee Kanta Road,

Rajkot (Gujarat)

…Second Party

For the First Party : Mrs. Kajal L. Kalwani

For the Second Party :

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-12012/115/93-

IR(B-I) dated 17.11.1994 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in

respect of the matter specified in the Schedule:

SCHEDULE

“Whether the action of the management of State Bank of Saurashtra, Rajkot in terminating the services of Shri

Dinkar P. Doshiw.e.f. 30.11.1987 is legal, justified and proper? If not, to what relief is the concerned worker

entitled and from which date?”

1.

The reference dates back to 17.11.1994. The second party submitted the statement of claim Ext. 4 on 09.04.2004

and the first party submitted the written statement Ext. 6 on 19.08.2007. The second party on 19.01.2006 was examined

but since then the second party workman did not appear for cross-examination. Thus it appears that the second party

workman is not willing to prosecute the reference.

2.

Therefore, the reference is disposed of as “the action of the management of State Bank of Saurashtra, Rajkot in

terminating the services of Shri Dinkar P. Doshi w.e.f. 30.11.1987 is legal, justified and proper” in the circumstances of

the second party workman’s unwillingness to get him cross-examined.

3.

The award is passed accordingly.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 8 iQjojh] 2017

dk-vk- 360-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj Hkkjrh; LVsV

cSad ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

725

vfèkdj.k ,oa Je U;k;ky;] vgenkckn ds iapkV (lanHkZ la[;k 439@2004) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 08-02-

2017 dks çkIr gqvk FkkA

¹la- ,y&12011@43@2001&vkbZvkj (ch&I)º

ch- ,l- fc"V] vuqHkkx vf/dkjh

New Delhi, the 8th February, 2017

S.O. 360.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 439/2004) of the Central Government Industrial Tribunal-cum-

Labour Court, Ahmedabad as shown in the Annexure, in the industrial dispute between the management of State Bank

of India and their workmen, received by the Central Government on 08.02.2017.

[No. L-12011/43/2001-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 13th October, 2016

Reference: (CGITA) No. 439/2004

The Chief General Manager,

State Bank of India,

L.H.O., Bhadra,

Ahmedabad (Gujarat) – 380001

…First Party

V/s

Shri Vishnu S. Shireshiya & Shri Amrut N. Shah,

C/o Nalin U. Bhatt, Advocate, B-201,

Sardar Patel Chambers, Vasant Chowk, Bhadra,

Ahmedabad (Gujarat) – 380001

…Second Party

For the First Party : Shri B.K. Oza

For the Second Party :

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-12011/43/2001-

IR(B-I) dated 11.12.2001 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in

respect of the matter specified in the Schedule:

SCHEDULE

“Whether the action of the management of State Bank of India in terminating the services of Shri Amrut N. Shah

w.e.f. 01.04.1997 and not regularising the services of Shri Vishnu S. Shireshiya is justified? If not, what relief

they are entitled?”

1.

The reference dates back to 11.12.2001. The second party submitted the statement of claim Ext. 4 on 19.09.2002

and the first party submitted the written statement Ext. 8 on 05.04.2004. The second party submitted the affidavit Ext.

12 and Ext. 13 of their witness Vishnubhai Somabhai Serasiya and Amratbhai Narangbhai Shah respectively on

29.12.2011. Since then the second party and their witnesses have not been appearing in the tribunal for their cross-

examination.

2.

Thus it appears the second party and their witnesses as well are not willing to prosecute the case and to get them

cross-examined. Thus the reference is disposed of in the absence of the cross-examination of the witnesses as “the

726 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

action of the management of State Bank of India in terminating the services of Shri Amrut N. Shah w.e.f. 01.04.1997

and not regularising the services of Shri Vishnu S. Shireshiya is justified”.

3.

The award is passed accordingly.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 8 iQjojh] 2017

dk-vk- 361-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if'pe jsyos

ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds 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 682@2004) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 08-02-2017 dks çkIr

gqvk FkkA

¹la- ,y&41012@227@99&vkbZvkj (ch&I)º

ch- ,l- fc"V] vuqHkkx vf/dkjh

New Delhi, the 8th February, 2017

S.O. 361.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 682/2004) of the Central Government Industrial Tribunal-cum-

Labour Court, Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western

Railway and their workmen, received by the Central Government on 08.02.2017.

[No. L-41012/227/99-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 14th October, 2016

Reference: (CGITA) No. 682/2004

1. The Divisional Railway Manager,

Western Railway, Pratapnagar,

Baroda (Gujarat) – 390004

2. The Asstt. Mechanical Engineer (CNW),

Western Railway, Karchiya Yard,

Baroda (Gujarat) – 394220

…First Party

V/s

The Divisional Secretary,

Paschim Railway KarmachariParishad,

Shastri Pole Kothi,

Baroda (Gujarat) – 390001

…Second Party

For the First Party : Shri N.J. Acharya

For the Second Party : Shri J.K. Ved

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-41012/227/99-

IR(B-I) dated 26.11.1999 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 % iQjojh 18] 2017@ek?k 29] 1938

727

SCHEDULE

“Whether the action of the Railway Administration, Western Railway, Baroda Division, Baroda and its Officers

in promoting Shri Virbahadur M. to the post of ‘Machineman Grade – I’w.e.f. 19.05.1993, instead of 01.03.1990

is legal, proper and justified? If not, to what relief the concerned workman, Shri Virbahadur M. is entitled to and

from which date and what other directions are necessary in the matter?”

1.

The reference dates back to 26.11.1999. Both the parties submitted their statement of claim Ext. 4 and written

statement Ext. 10 respectively. At the stage of leading evidence, Shri J.K. Ved, Divisional Secretary, Paschim Railway

Karmachari Parishad, on behalf of the secondparty requested to withdraw the reference.

2.

Thus the reference is disposed of as not pressed and withdrawn.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 8 iQjojh] 2017

dk-vk- 362-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if'pe jsyos

ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds 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 739@2004) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 08-02-2017 dks çkIr

gqvk FkkA

¹la- ,y&41011@27@2001&vkbZvkj (ch&I)º

ch- ,l- fc"V] vuqHkkx vf/dkjh

New Delhi, the 8th February, 2017

S.O. 362.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 739/2004) of the Central Government Industrial Tribunal-cum-

Labour Court, Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western

Railway and their workmen, received by the Central Government on 08.02.2017.

[No. L-41011/27/2001-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 6th October, 2016

Reference: (CGITA) No. 739/2004

1. The Divisional Railway Manager,

Western Railway, Pratapnagar,

Baroda (Gujarat) – 390004

2. The Divisional Electrical Engineer (TRS),

Western Railway, Electric Loco Shed, Navagard,

Baroda (Gujarat) – 390002

3. The Sr. Divisional Electrical Engineer (TRO),

Western Railway, Pratapnagar,

Baroda (Gujarat) – 394001

…First Party

V/s

The Divisional Secretary,

Paschim Railway Karmachari Parishad,

Shastri Pole, Kothi,

Baroda (Gujarat) – 390001

…Second Party

728 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

For the First Party

:

Shri Rajesh Singh

For the Second Party

:

Shri Hitesh D. Katharotiya &R.S. Sisodiya

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-41011/27/2001-

IR(B-I) dated 31.10.2001 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 the Paschim Railway Karmachari Parishad, Baroda for supply of Welfare amenities i.e.

Uniform/Liveries, Woolen Jurcy, Shoes, Rain Coat, Helmet, Identity Card, Silver Coin etc. and for payment of

running allowance at par with the staff working in Electric Loco Shed, Baroda to the staff working in Trip

Inspection Shed (Under Chief T Raction Crew Controller, Baroda Yard) is justified? If so, what relief the

concerned workmen is entitled?”

1.

The reference dates back to 31.10.2001. Both the parties put in their appearance by filing their vakalatpatra. The

second party represented by The President, Paschim Railway Karmachari Parishad, Shri R.S. Sisodiya today on

06.10.2016 expressed in writing unwillingness to prosecute the case.

2.

Thus the reference is disposed of as not pressed.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 8 iQjojh] 2017

dk-vk- 363-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if'pe jsyos

ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds 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 846@2004) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 08-02-2017 dks çkIr

gqvk FkkA

¹la- ,y&41012@265@2003&vkbZvkj (ch&I)º

ch- ,l- fc"V] vuqHkkx vf/dkjh

New Delhi, the 8th February, 2017

S.O. 363.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 846/2004) of the Central Government Industrial Tribunal-cum-

Labour Court, Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western

Railway and their workmen, received by the Central Government on 08.02.2017.

[No. L-41012/265/2003-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 7th October, 2016

Reference: (CGITA) No. 846/2004

1. The Assistant Engineer (South),

Western Railway, Pratapnagar,

Baroda (Gujarat)

2. The Sr. Divisional Engineer (South),

Western Railway, Pratapnagar,

Baroda (Gujarat)

…First Party

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

729

V/s

The Divisional Secretary,

Paschim Railway Karmachari Parishad,

Shastri Pole Kothi,

Baroda (Gujarat) – 390001

…Second Party

For the First Party : Shri H.B. Shah

For the Second Party : Shri R.S. Sisodiya

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-

41012/265/2003-IR(B-I) dated 24.03.2004 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 Western Railway in removal from services of Shri Chagon Galiya is legal, proper and

justified? If not, to what relief the concerned workman Shri Chagon Galiya is entitled to and from which date?”

1.

The reference dates back to 24.03.2004. Both the parties were served but neither of the parties submitted their

statement of claim or written statement, as the case may be. The second party, The Secretary, Paschim Railway

Karmachari Parishad, Shri R.S. Sisodiya today on 07.10.2016 expressed unwillingness to proceed in the case and

requested to withdraw from the reference.

2.

Thus the reference is disposed of as not pressed.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 8 iQjojh] 2017

dk-vk- 364-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if'pe jsyos

ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds 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 280@2004) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 08-02-2017 dks çkIr

gqvk FkkA

¹la- ,y&41012@37@99&vkbZvkj (ch&I)º

ch- ,l- fc"V] vuqHkkx vf/dkjh

New Delhi, the 8th February, 2017

S.O. 364.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 280/2004) of the Central Government Industrial Tribunal-cum-

Labour Court, Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western

Railway and their workmen, received by the Central Government on 08.02.2017.

[No. L-41012/37/99-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 21st October, 2016

Reference: (CGITA) No. 280/2004

1. The Chief Project Manager,

Western Railway, Kalupur,

Ahmedabad (Gujarat)

730 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

2. The Divisional Railway Manager,

Western Railway, Kothi Compound,

Rajkot (Gujarat)

3. The Dy. Chief Engineer (C) – II,

Western Railway, Kalupur,

Ahmedabad (Gujarat) – 380001

…First Party

V/s

The Divisional Secretary,

Paschim Railway Karamachari Parishad,

J.P. Chowk, Khanpur,

Ahmedabad (Gujarat) – 380001

…Second Party

For the First Party :

For the Second Party :

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-41011/37/99-

IR(B-I) 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 the Paschim Railway Karmachari Parishad that the employee Shri A.K. Gupta, PWI (C)

be regularized as PWI Gr.I in the scale 2200-3200 vide DRM Rajkot vide order dated 22.05.1997 and the DAR

action vide charge sheet dated 30.05.1997 be finalized within the stipulated time set out by the General

Manager’s letter No. EP (DAR)/308/14/8(I) dated 31.07.1990 is legal and justified? If yes then to what relief the

concerned employee is entitled to?”

1.

The reference dates back to 17.02.2000.The second party submitted the statement of claim Ext. 3 on 14.08.2000

and the first party submitted the written statement Ext. 4 on 30.10.2001. Since then the second party has not been

leading evidence. It is noteworthy that Industrial Disputes Act will not apply under Section 2 (s) of the Act in following

case –

(iv) Who, being employed in a supervisory capacity, draws wages exceeding (ten thousand rupees) per mensen or

exercises, either by nature of the duties attached to the office or by reason of the powers vested in him, functions

of a managerial nature. Note: Ten thousand rupees has been substitute for one thousand six hundred rupees w.e.f.

15.09.2010 by Act 24 of 2010.

2.

In the present case, the workman is public works inspector of Grade I in the scale of Rs.2200-3200/-. He is

holding the supervisory post under him there were the posts of APWI and Apprantice.

3.

Thus the workman being having the pay scale more than the statutory limit of wages and supervisory nature. The

dispute cannot be adjudicated by this tribunal. Thus the workman is advised to approach Central Administrative

Tribunal for the relief claim.

4.

The award is passed accordingly.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 8 iQjojh] 2017

dk-vk- 365-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if'pe jsyos

ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds 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 1224@2004) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 08-02-2017 dks

çkIr gqvk FkkA

¹la- ,y&41011@54@2002&vkbZvkj (ch&I)º

ch- ,l- fc"V] vuqHkkx vf/dkjh

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

731

New Delhi, the 8th February, 2017

S.O. 365.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 1224/2004) of the Central Government Industrial Tribunal-cum-

Labour Court, Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western

Railway and their workmen, received by the Central Government on 08.02.2017.

[No. L-41011/54/2002-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 7th October, 2016

Reference: (CGITA) No. 1224/2004

1. The Dy. Chief Engineer (C & S),

Western Railway,

Railwaypura, P.O.,

Ahmedabad (Gujarat) – 380001

2. The Dy. Chief Engineer (Construction),

Western Railway,

Gandhidham (Gujarat)

…First Party

V/s

The Secretary,

Paschim Railway Karmachari Parishad,

E/209, Sarvottam Nagar, Nr. New Railway Colony, Sabarmati,

Ahmedabad (Gujarat) – 380019

…Second Party

For the First Party : None

For the Second Party : Shri R.S. Sisodiya

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-41011/54/2002-

IR(B-I) dated 07.05.2003 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 Dy. Chief Engineer (Construction), Western Railway, Gandhidham in

not paying suspension allowance to Shri Shyamji Damji, Pump Driver, for the period of 2 years from 12.07.1994,

as claimed by workman is justified? If not what relief the concerned workman is entitled for?”

1.

The reference dates back to 07.05.2003. Both the parties were served but neither of the parties submitted their

statement of claim or written statement, as the case may be. The second party, The Secretary,Paschim Railway

Karmachari Parishad, Shri R.S. Sisodiya today on 07.10.2016 expressed unwillingness to proceed in the case and

requested to withdraw from the reference.

2.

Thus the reference is disposed of as not pressed.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 8 iQjojh] 2017

dk-vk- 366-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if'pe jsyos

ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèkdj.k

732 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

,oa Je U;k;ky;] vgenkckn ds iapkV (lanHkZ la[;k 172@2004) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 08-02-2017 dks çkIr

gqvk FkkA

¹la- ,y&41012@62@98&vkbZvkj (ch&I)º

ch- ,l- fc"V] vuqHkkx vf/dkjh

New Delhi, the 8th February, 2017

S.O. 366.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 172/2004) of the Central Government Industrial Tribunal-cum-

Labour Court, Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western

Railway and their workmen, received by the Central Government on 08.02.2017.

[No. L-41012/62/98-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 14th October, 2016

Reference: (CGITA) No. 172/2004

1. The Chief Project Manager – I,

Western Railway, Station Building,

Ahmedabad (Gujarat)

2. The Dy. Chief Engineer (C),

Western Railway,

Opp. Platform No. 4, Kalupur Railway Station,

Ahmedabad (Gujarat)

…First Party

V/s

The President,

Paschim Railway Karmachari Parishad,

E/209, Sarvottam Nagar, Sabarmati,

Ahmedabad (Gujarat)

…Second Party

For the First Party : Shri H.B. Shah

For the Second Party :

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-41012/62/98-

IR(B-I) dated 10.03.1999 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 the Paschim Railway Karmachari Parishad, Ahmedabad that the employee Shri

Inderjeet Singh, IOW under CPM, Ahmedabad is entitled for promotion as IOW Gr. II in the scale of 1600-2600

at par with his junior Shri O.P. Agarwal, IOW Gr. III is legal and justified? If yes, to what relief the concerned

employee is entitled to?”

1.

The reference dates back to 10.03.1999.After receiving the notice issued by the tribunal, the second party submit

the statement of claim Ext. 6 alleging that the workman Inderjeet Singh was initially appointed as S.O. Mistri in the

scale of Rs.1400-2300/- (RP) on 13.02.1962 in the survey and construction department of Western Railway. He was at

No. 20 in the seniority list of the construction department of western railway published in 1972 while Jahangirkhan,

Cheetay khan and O.P. Agarwal were at 48, 79 and 106 respectively. Inderjeet Singh and others were promoted on ad

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

733

hoc basis as Inspector of Works Grade III in the scale of Rs.1400-2300/- (RP) as and when vacancy occurred. In the

year 1972, some Inspector of Works Grade III in the aforesaid scale was recruited from the open category. They were

also given seniority over the locally promoted rankers and rankers were reverted to the lower post. Therefore the

rankers approached the Hon’ble High Court, Gujarat. High Court in his judgement 24.02.1976 ordered that the services

of the applicant shall remain unaffected by the reversion orders and they shall be given all the benefits if any on the

basis as if they were not reverted by the impugned order. Appeal moved by the first party was also dismissed by the

Supreme Court on 03.10.1991. The first party on the basis of the Supreme Court judgement dated 03.10.1991 awarded

the seniority to the ad hoc promoted IOWs Grade III vide their letter No. E/1084/2/41 (S&C) Dup. EE/1030/5/1/1 of

28.06.1996 from their date of ad hoc promotion as Inspector of Works Grade III. Thus aforesaid O.P. Agarwal and

Cheetaykhan and others were given seniority as Inspector of Works Grade III w.e.f. 21.04.1972. He further alleged that

Inderjeet Singh was again promoted on ad hoc basis and he is continuously working as Inspector of Works Grade III in

the scale of Rs.1400-2300/- since 1978 without any break. But Western Railway first party recruited certain Inspector

of Works Grade III in the scale of Rs.1400-2300/- from the open category again in 1979 onward and put them senior to

the promoted IOW and applicant as well. Those direct recruits are as under:

(a)

KalidasBajpai Survey & Construction on 21.08.79

(b)

KhurshidAzam Ajmer on 04.09.79

(c)

H.K. Srivastave Survey & Construction on 29.08.79

(d)

Kalicharan Sharma Survey & Construction on 18.04.84

These aforesaid newly recruited Inspector of Works Grade III against the Spirit of the Supreme Court judgement

were promoted to the IOW Grade II in the scale of Rs. 1600-2660/- overlooking the seniority of applicant Indeerjeet

Singh in the year 1985 and 1986. Thus the workman/applicant Inderjeet Singh has prayed for his promotion to the post

of Inspector of Works, Grade II from the date earlier to the date of promotion of the direct recruits and as well as from

the date the promotion granted to his immediate junior in the promotee cadre.

2.

The first party in his written statement Ext. 9 submitted that the questioned post is a post of selection and second

party was called for selection, written and suitability test but the workman Inderjeet Singh did not prefer to appear in

the aforesaid test. Promotion on ad hoc basis is a stock gap arrangement till suitable candidates become available. The

promotion of the workman Inderjeet Singh was made on ad hoc basis; therefore, he cannot claim the seniority as well

as the benefits thereof.

3.

On the basis on the pleadings, following issue arised:

Whether the demand of the Paschim Railway Karmachari Parishad, Ahmedabad that the employee Shri Inderjeet

Singh, IOW under CPM, Ahmedabad is entitled for promotion as IOW Gr. II in the scale of 1600-2600 at par

with his junior Shri O.P. Agarwal, IOW Gr. III is legal and justified?

4.

The burden to prove the aforesaid issue was lying on the second party workman Inderjeet Singh and he was

examined by the second party and he supported and reiterated the averments made in the statement of claim. But the

first party did not come forward to lead his evidence even after giving a dozen of opportunities. It is also noteworthy

that the advocate for the first party has also been absent since last several dates. Thus in the light of the unrebutted

evidence of the workman/applicant, the aforesaid issue is decided in the affirmative.

5.

Thus it is find that “the demand of the Paschim Railway Karmachari Parishad, Ahmedabad that the employee

Shri Inderjeet Singh, IOW under CPM, Ahmedabad is entitled for promotion as IOW Gr. II in the scale of 1600-2600 at

par with his junior Shri O.P. Agarwal, IOW Gr. III is legal and justified”.

6.

The award is passed accordingly.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 8 iQjojh] 2017

dk-vk- 367-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if'pe jsyos

ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds 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 259@2004) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 08-02-2017 dks çkIr

gqvk FkkA

¹la- ,y&41011@33@99&vkbZvkj (ch&I)º

ch- ,l- fc"V] vuqHkkx vf/dkjh

734 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

New Delhi, the 8th February, 2017

S.O. 367.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 259/2004) of the Central Government Industrial Tribunal-cum-

Labour Court, Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western

Railway and their workmen, received by the Central Government on 08.02.2017.

[No. L-41011/33/99-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 7th October, 2016

Reference: (CGITA) No. 259/2004

1. The General Manager,

Western Railway, H/Qr. Building, Churchgate,

Mumbai – 400001

2. The Chief Project Manager,

Western Railway, Kalupur,

Ahmedabad (Gujarat) – 380001

…First Party

V/s

The Divisional Secretary,

Paschim Railway Karmachari Parishad,

J.P. Chowk, Khanpur,

Ahmedabad (Gujarat) – 380001

…Second Party

For the First Party : Shri V.K. Dabra

For the Second Party : Shri R.S. Sisodiya

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-41011/33/99-

IR(B-I) dated 20.01.2000 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in

respect of the matter specified in the Schedule:

SCHEDULE

“Whether the demand of the Paschim Railway Karmachari Parishad that DAR action initiated on Shri Mahrendra

Singh C. Rana, Store Keeper vide Charge Sheet dated 30.05.1997 be finalized within the stipulated time set out

by the General Manager’s letter No. EP (DAR) / 308/14/8(I) dated 31.07.1990 is legal and justified? If yes then

to what relief the concerned employees is entitled to?”

1.

The reference dates back to 20.01.2000. The second party submitted the statement of claim Ext. 2 on 04.04.2000

and written statement was filed by the first party on 31.05.2001. Today on 07.10.2016 on behalf of the second party,

Shri R.S. Sisodiya, The Divisional Secretary, Paschim Railway KarmachariParishad, expressed unwillingness to

proceed in the case and requested to withdraw from the reference.

2.

Thus the reference is disposed of as not pressed.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 8 iQjojh] 2017

dk-vk- 368-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if'pe jsyos

ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèkdj.k

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

735

,oa Je U;k;ky;] vgenkckn ds iapkV (lanHkZ la[;k 566@2004) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 08-02-2017 dks çkIr

gqvk FkkA

¹la- ,y&41012@99@2003&vkbZvkj (ch&I)º

ch- ,l- fc"V] vuqHkkx vf/dkjh

New Delhi, the 8th February, 2017

S.O. 368.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 566/2004) of the Central Government Industrial Tribunal-cum-

Labour Court, Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western

Railway and their workmen, received by the Central Government on 08.02.2017.

[No. L-41012/99/2003-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 7th October, 2016

Reference: (CGITA) No. 566/2004

1. The General Manager,

Western Railway,

Churchgate, Mumbai – 400001

2. The Sr. Divisional Mechanical Engineer,

Western Railway, Diesel Shed,

Sabarmati, Ahmedabad (Gujarat) - 380001

3. The Divisional Railway Manager,

Western Railway, Divisional Office, Kothi Compound,

Rajkot (Gujarat) – 360001

…First Party

V/s

The Hon. Secretary,

General Workmen’s Union, Sinduri Mataa Devasthan,

ST Nagar Road,

Godhra (Gujarat) – 389001

…Second Party

For the First Party :

For the Second Party : Shri J.K. Ved

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-41012/99/2003-

IR(B-I) dated 11.07.2003 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 Divisional Railway Manager, Western Railway, Mumbai and others in rejecting the

increase in salary of Shri Maheshbhai J. Prajapati, Kitter Grade, 2, Diesel Loco Shed, Sabarmati with informing

him prior is legal, proper and justified? If not then to what relief the concern employee is entitled to?”

736 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

1.

The reference dates back to 11.07.2003. Both the parties were served but neither of the parties submitted their

statement of claim or written statement, as the case may be. Today on 07.10.2016 on behalf of the second party, Shri

J.K. Ved, The General Secretary, General Workmen’s Union, expressed willingness to withdraw the case.

2.

Thus the reference is disposed of as not pressed.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 8 iQjojh] 2017

dk-vk- 369-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if'pe jsyos

ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds 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 292@2004) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 08-02-2017 dks çkIr

gqvk FkkA

¹la- ,y&41012@9@2000&vkbZvkj (ch&I)º

ch- ,l- fc"V] vuqHkkx vf/dkjh

New Delhi, the 8th February, 2017

S.O. 369.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 292/2004) of the Central Government Industrial Tribunal-cum-

Labour Court, Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western

Railway and their workmen, received by the Central Government on 08.02.2017.

[No. L-41012/9/2000-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 7th October, 2016

Reference: (CGITA) No. 292/2004

The Divisional Railway Manager,

Western Railway, Kothi Compound,

Rajkot (Gujarat)

…First Party

V/s

The General Secretary,

Paschim Railway Karmachari Parishad,

J.P. Chowk, Khanpur,

Ahmedabad (Gujarat) – 380001

…Second Party

For the First Party : Shri Janak R. Pandya

For the Second Party : Shri J.K. Ved

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-41012/9/2000-

IR(B-I) dated 24.05.2000 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 Divisional Railway Manager, Western Railway, Rajkot Division in denying opportunity

for selection in Gr. III Fitter to Shri Hiralal R. during the trade test conducted in 1988-89 is legal and justified? If

not then to what relief the concern employee is entitled to?”

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

737

1.

The reference dates back to 24.05.2000. The second party submitted the statement of claim Ext. 6 on 25.12.2000

but no written statement was filed by the first party despite put in his appearance to his advocate. Today on 07.10.2016

on behalf of the second party, Shri J.K. Ved, The General Secretary, Paschim Railway Karmachari Parishad, expressed

willingness to proceed withdraw the case.

2.

Thus the reference is disposed of as not pressed.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 8 iQjojh] 2017

dk-vk- 370-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if'pe jsyos

ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds 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 293@2004) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 08-02-2017 dks çkIr

gqvk FkkA

¹la- ,y&41012@8@2000&vkbZvkj (ch&I)º

ch- ,l- fc"V] vuqHkkx vf/dkjh

New Delhi, the 8th February, 2017

S.O. 370.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 293/2004) of the Central Government Industrial Tribunal-cum-

Labour Court, Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western

Railway and their workmen, received by the Central Government on 08.02.2017.

[No. L-41012/8/2000-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 21st October, 2016

Reference: (CGITA) No. 293/2004

The Divisional Railway Manager,

Western Railway,

Kothi Compound,

Rajkot (Gujarat)

…First Party

V/s

The General Secretary,

Paschim Railway Karmachari Parishad,

J.P. Chowk, Khanpur,

Ahmedabad (Gujarat) – 380001

…Second Party

For the First Party

:

Shri H.B. Shah & Janak R. Pandya

For the Second Party

:

Shri B.K. Sharma

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-41012/8/2000-

IR(B-I) dated 24.05.2000 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in

respect of the matter specified in the Schedule:

738 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

SCHEDULE

“Whether the action of the management of Rajkot Division of Western Railway in imposing the penalty of

stoppage of 3 years annual increment on Shri Sharad K. Call Bey under Loco Foreman, Mehsana on the alleged

charged of misconduct vide charge sheet, No. E/308/M/97/5/13 dated 18.11.1997 is legal and justified? If not, to

what relief the concerned employee is entitled to?”

1.

The reference dates back to 24.05.2000.The second party submitted the statement of claim Ext. 6 on 19.08.2002

and the first party submitted the written statement Ext. 8 on 20.04.2005. Since then the second party has not been

leading evidence and Shri R.S. Sisodiya, The General Secretary,Paschim Railway Karmachari Parishad, expressed

unwillingness to prosecute the case and requested to withdraw from the reference.

2.

Thus the reference is decided as not pressed. Therefore, the action of the management of Rajkot Division of

Western Railway in imposing the penalty of stoppage of 3 years annual increment on Shri Sharad K. Call Bey under

Loco Foreman, Mehsana on the alleged charged of misconduct vide charge sheet, No. E/308/M/97/5/13 dated

18.11.1997 is legal and justified.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 8 iQjojh] 2017

dk-vk- 371-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if'pe jsyos

ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds 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 792@2004) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 08-02-2017 dks çkIr

gqvk FkkA

¹la- ,y&41012@107@2002&vkbZvkj (ch&I)º

ch- ,l- fc"V] vuqHkkx vf/dkjh

New Delhi, the 8th February, 2017

S.O. 371.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 792/2004) of the Central Government Industrial Tribunal-cum-

Labour Court, Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western

Railway and their workmen, received by the Central Government on 08.02.2017.

[No. L-41012/107/2002-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 7th October, 2016

Reference: (CGITA) No. 792/2004

1. The General Manager,

Western Railway,

Mumbai – 400001

2. The Chief Permanent Way Inspector,

Western Railway,

Utran, Distt. Surat (Gujarat)

3. The Works Manager,

Western Railway, Pratapnager,

Baroda (Gujarat) – 390004

…First Party

V/s

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

739

The Divisional Secretary,

Paschim Railway KarmachariParishad,

Shastri Pole, Kothi,

Baroda (Gujarat) – 390001

…Second Party

For the First Party : K.J. Parikh

For the Second Party : Shri R.S. Sisodiya

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No.

L-41012/107/2002-IR(B-I) dated 26.11.2002 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 Western Railway, Baroda in not giving the officiating allowances to Shri

GambhirVirsingh in the grade of 950-2500 w.e.f. February, 1997 to May, 2000 and not promoting the workman

Shri GambhirVirsingh to the post of Welder is justified? If not, what relief the concerned workman is entitled and

from which date?”

1.

The reference dates back to 26.11.2002. Both the parties were served but neither of the parties submitted their

statement of claim or written statement, as the case may be. The second party, The Secretary, Paschim Railway

Karmachari Parishad, Shri R.S. Sisodiya today on 07.10.2016 expressed unwillingness to proceed in the case and

requested to withdraw from the reference.

2.

Thus the reference is disposed of as not pressed.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 8 iQjojh] 2017

dk-vk- 372-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj ukckMZ ds

izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vf/dj.k@Je U;k;ky;] vgenkckn (xqtjkr) ds iapkV (lanHkZ la- 178@2006) dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks

08-02-2017 dks izkIr gqvk FkkA

[la- ,y&12012@44@2006&vkbZvkj (ch&II)]

jfo dqekj] MsLd vf/dkjh

New Delhi, the 8th February, 2017

S.O. 372.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 178/2006) of the Central Government Industrial Tribunal-cum-

Labour Court, Ahmedabad (Gujarat) as shown in the Annexure in the Industrial Dispute between the management of

NABARD and their workmen, received by the Central Government on 08.02.2017.

[No. L-12012/44/2006-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 4th January, 2017

Reference: (CGITA) No. 178/2006

740 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

The Chief General Manager,

NABARD Tower, Opp. Usmanpura Municipal Gardan,

Ahmedabad (Gujarat)

…First Party

V/s

Shri Ratilal Dhanjibhai Shirsar,

Mishion Pada, Ahwa,

Dang (Gujarat)

…Second Party

For the First Party

:

Shri Ketan Kamdar

For the Second Party

:

Shri Kamlesh B. Bhavsar

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-12012/44/2006-

IR(B-II) dated 13.09.2006 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in

respect of the matter specified in the Schedule:

SCHEDULE

“Whether the action of the management of National Bank of Agricultural and Rural Development (NABARD) in

terminating the services of Sh. Ratilal Dhanjibhai Shirsar, Ex-Sweeper w.e.f. 26.09.2001 is legal and justified? If

not, what relief the workman is entitled to and to what extent?”

1.

The reference dates back to 13.09.2006. The second party submitted the statement of claim Ext. 11 on 23.04.2009

while pending in the Industrial Tribunal Central, Gujarat and the first party also submitted the written statement Ext. 14

on 26.05.2010 along with documents vide list Ext. 15 while pending in the aforesaid tribunal. Later the reference was

transferred to this tribunal on 29.06.2011. At that point of time, the advocates for both the parties were present but

thereafter since 28.01.2013, the second party stopped coming to the tribunal for leading evidence. The first party

advocate moved an application Ext. 17 on 10.09.2013 for dismissal of the reference on the ground that the second party

and his advocate has been absent since last 2 and half years. But on 28.03.2014, the advocate for the second party

suddenly appeared and sought adjournment vide application Ext. 18 which was allowed but since then the second party

has been absent and has refrained to lead evidence despite giving last opportunity in his absence. But again on

26.05.2016 and 05.10.2016, the second party failed to appear and to lead evidence. Thus again today on 04.01.2017,

the second party is absent.

2.

Thus this tribunal has no alternative but to dispose of the reference in absence of the second party evidence with

the observation as under: “the action of the management of National Bank of Agricultural and Rural Development

(NABARD) in terminating the services of Sh. Ratilal Dhanjibhai Shirsar, Ex-Sweeper w.e.f. 26.09.2001 is legal and

justified.”

3.

The award is passed accordingly.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 8 iQjojh] 2017

dk-vk- 373-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj ,y vkbZ lh

vkWiQ bafM;k ds izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vf/dj.k@Je U;k;ky;] vgenkckn (xqtjkr) ds iapkV (lanHkZ la- 116@2004) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj

dks 08-02-2017 dks izkIr gqvk FkkA

[la- ,y&17011@13@1997&vkbZvkj (ch&II)]

jfo dqekj] MsLd vf/dkjh

New Delhi, the 8th February, 2017

S.O. 373.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 116/2004) of the Central Government Industrial Tribunal-cum-

Labour Court, Ahmedabad (Gujarat) as shown in the Annexure in the Industrial Dispute between the management of

Life Insurance Corporation of India and their workmen, received by the Central Government on 08.02.2017.

[No. L-17011/13/1997-IR (B-II)]

RAVI KUMAR, Desk Officer

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

741

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 9th January, 2017

Reference: (CGITA) No. 116/2004

The Sr. Div. Manager,

LIC of India,

Divisional Office,

Jeevan Prakash, Tilak Road,

Ahmedabad (Gujarat)

…First Party

V/s

The General Secretary,

LIC Employees Union,

Jeevan Prabha Tilak Road,

Ahmedabad (Gujarat)

…Second Party

For the First Party : Shri K.V. Gadhia

For the Second Party : Shri Raghuvir Mali

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-17011/13/97-

IR(B-II) dated 20.10.1998 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in

respect of the matter specified in the Schedule:

SCHEDULE

“Whether the action of the management in not reimbursing the LTC Claim, on the basis of Railway fare by the

appropriate class, irrespective of the actual mode of travel used subject to the prescribed limit or the amount

actually spent by the employee whichever is less, under sub-clause XV of clause 18 of Part –II of LIC of India

(LTC) Instructions 1994 is legal and justified? If not, to what relief the said workman is entitled?”

1.

The reference dates back to 20.10.1998. First party submitted the vakalatpatra Ex. 5 of his advocate Kishore K.

Gadhia on 22.01.1999 and the second party submitted the authority letter Ex. 6 on 20.09.1999. Second party also

submitted the statement of claim Ex. 10 on 15.12.1999. The first party submitted the written statement Ex. 12 on

10.04.2000 along with documents vide list Ex. 14.

2.

This reference was transferred to this tribunal vide order dated 19.10.2010. Both the parties appeared in the case

thereafter till 25.10.2012.

3.

The second party workman was examined by the Industrial Tribunal on 10.10.2000 but did not appear for cross-

examination since 11.02.2013. Thus the examination in chief of the workman has no evidentiary value in the absence

of the cross-examination. Thus in the absence of the cross-examination, the second party workman has failed to prove

his case.

4.

Thus in the absence of the conclusive evidence of the second party workman, the reference has no force and

disposed of with the observation as under: “the action of the management in not reimbursing the LTC Claim, on the

basis of Railway fare by the appropriate class, irrespective of the actual mode of travel used subject to the prescribed

limit or the amount actually spent by the employee whichever is less, under sub-clause XV of clause 18 of Part –II of

LIC of India (LTC) Instructions 1994 is legal and justified.”

P. K. CHATURVEDI, Presiding Officer

742 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

ubZ fnYyh] 8 iQjojh] 2017

dk-vk- 374-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj cSad vkWiQ

bafM;k ds izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vf/dj.k@Je U;k;ky;] vgenkckn (xqtjkr) ds iapkV (lanHkZ la- 124@2012) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks

08-02-2017 dks izkIr gqvk FkkA

[la- ,y&12012@15@2012&vkbZvkj (ch&II)]

jfo dqekj] MsLd vf/dkjh

New Delhi, the 8th February, 2017

S.O. 374.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 124/2012) of the Central Government Industrial Tribunal-cum-

Labour Court, Ahmedabad (Gujarat) as shown in the Annexure in the Industrial Dispute between the management of

Bank of India and their workmen, received by the Central Government on 08.02.2017.

[No. L-12012/15/2012-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 3rd January, 2017

Reference: (CGITA) No. 124/2012

The Zonal Manager,

Bank of India, Zonal Office,

Bhadra,

Ahmedabad (Gujarat)

…First Party

V/s

Shri Bankim C. Shah,

B/403, Surbhi Apartments,

Opp. Prithvi Towers,

Jodhpur Gam Road, Satellite,

Ahmedabad (Gujarat)

…Second Party

For the First Party : Shri J.D. Chalis Hazaar

For the Second Party : None

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-12012/15/2012-

IR(B-II) dated 29.08.2012 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 Bank of India in imposing the punishment of dismissal from service

without notice upon Shri Bankim C. Shah, Ex-Staff Clerk cum Cashier Category ‘E’ vide order dated 18.06.2002

is legal and justified? What relief the workman concerned is entitled to?”

1.

The reference dates back to 29.08.2012. Neither of the parties submitted their statement of claim or written

statement as the case may be, despite service of notice on them.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

743

2.

Today on 03.01.2017, the second party B.C. Shah has moved an application Ext. 5 stating that he has settled the

matter with the first party Bank of India. He has also submitted his PAN, Votar Identity Cards and also the electricity

bill of his house establishing his identity. He has requested for closure of the reference.

3.

Thus the reference is disposed of as not pressed.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 8 iQjojh] 2017

dk-vk- 375-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj cSad vkWiQ

bafM;k ds izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vf/dj.k@Je U;k;ky;] vgenkckn (xqtjkr) ds iapkV (lanHkZ la- 498@2004) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks

08-02-2017 dks izkIr gqvk FkkA

[la- ,y&12011@39@2002&vkbZvkj (ch&II)]

jfo dqekj] MsLd vf/dkjh

New Delhi, the 8th February, 2017

S.O. 375.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 498/2004) of the Central Government Industrial Tribunal-cum-

Labour Court, Ahmedabad (Gujarat) as shown in the Annexure in the Industrial Dispute between the management of

Bank of India and their workmen, received by the Central Government on 08.02.2017.

[No. L-12011/39/2002-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 3rd January, 2017

Reference: (CGITA) No. 498/2004

The Chief Manager,

Bank of India,

Navrangpura Branch, Swastik Society Char Rasta,

Ahmedabad (Gujarat) – 380009

…First Party

V/s

The General Manager,

Bank of India Staff Union, C/o Bank of India,

Ahmedabad and Gujarat Branches, Bhadra,

Ahmedabad (Gujarat) – 380001

…Second Party

For the First Party :

For the Second Party :

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-12011/39/2002-

IR(B-I) dated 18.06.2002 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in

respect of the matter specified in the Schedule:

744 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

SCHEDULE

“Whether the action of the management of Bank of India through the Chief Manager, Ahmedabad in terminating

the services of Shri Y.N. Pandit by way of Compulsory Retirement is legal, proper and justified? If not, what

relief the workman concerned is entitled to?”

1.

The reference dates back to 18.06.2002. The second party submitted the statement of claim Ext. 3 on 14.08.2002

and the first party submitted the written statement Ext. 8 in April, 2005. Since then the second party has been absent

and has also not lead his evidence. Thus it appears that the second party has no willingness to prosecute the case.

2.

Therefore, the reference in the absence of the evidence of the second party workman is disposed of with the

observation as under: “the action of the management of Bank of India through the Chief Manager, Ahmedabad in

terminating the services of Shri Y.N. Pandit by way of Compulsory Retirement is legal, proper and justified.”

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 8 iQjojh] 2017

dk-vk- 376-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj dkaMyk iksVZ

VªLV ds izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vf/dj.k@Je U;k;ky;] vgenkckn (xqtjkr) ds iapkV (lanHkZ la- 115@2010) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks

08-02-2017 dks izkIr gqvk FkkA

[la- ,y&37011@7@2008&vkbZvkj (ch&II)]

jfo dqekj] MsLd vf/dkjh

New Delhi, the 8th February, 2017

S.O. 376.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 115/2010) of the Central Government Industrial Tribunal-cum-

Labour Court, Ahmedabad (Gujarat) as shown in the Annexure in the Industrial Dispute between the management of

Kandla Port Trust and their workmen, received by the Central Government on 08.02.2017.

[No. L-37011/7/2008-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 22nd Ausust, 2016

Reference: (CGITA) No. 115/2010

The Chairman,

Kandla Port Trust,

P.O. Box No. – 50,

Gandhidham, Kutch

…First Party

V/s

The Vice President,

Kandla Port & Dock SC/ST Employees Union,

SGX 36-37, Ward 2/B,

Adipur, Kutch

…Second Party

For the First Party

:

Shri K.V. Gadhia

For the Second Party

:

Shri N.H. Rathod

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

745

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-37011/7/2008-

IR (B-II) dated 05.02.2009 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in

respect of the matter specified in the Schedule:

SCHEDULE

“Whether the action of the Chairman, Kandla Port Trust, P.O. Box No. 50, Gandhidham, Kutch in not filling up

the Post of Nursing Sister by S.C. Candidate, Smt. Rasila R Chavda working as Staff Nurse against the reserved

roster point No. 7 of S.C. candidate and filling up the post of Nursing Sister by General Candidates in Medical

Department of KPT in the year 2007 is legal and justified? If not, what relief the workman concerned is entitled

to?”

1.

The reference dates back to 05.02.2009. Both the parties are served and also filed the vakalatpatra Ext. 4 and 6 of

their advocates on 03.02.2011 and 23.07.2012 respectively. But since 03.02.2011, the second party workman has

refrained to submit the statement of claim even after a lapse of more than 5 years. Moreover the advocate of the second

party workman moved an application Ext. 7 informing the tribunal that his client has not been in his contact. Therefore

it appears that the second party workman has not been willing to prosecute the case. Thus the tribunal has no option but

to dismiss the reference in non-prosecution of the case by the second party.

2.

Thus the reference is dismissed in non-prosecution of the case by the second party.

P. K. CHATURVEDI, Presiding Officer

ubZ fnYyh] 8 iQjojh] 2017

dk-vk- 377-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj nsuk cSad ds

izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vf/dj.k@Je U;k;ky;] tcyiqj ds iapkV (lanHkZ la- 103@07) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 08-02-2017 dks izkIr

gqvk FkkA

[la- ,y&12011@74@2007&vkbZvkj (ch&II)]

jfo dqekj] MsLd vf/dkjh

New Delhi, the 8th February, 2017

S.O. 377.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 103/07) of the Central Government Industrial Tribunal-cum-Labour

Court, Jabalpur as shown in the Annexure in the Industrial Dispute between the management of Dena Bank and their

workmen, received by the Central Government on 08.02.2017.

[No. L-12011/74/2007-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

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

JABALPUR

NO. CGIT/LC/R/103/07

General Secretary,

Prathadith Karamchari Kalyan Manch,

9, Sanwar Road,

Ujjain

…Workman/Union

Versus

Assistant General Manager,

Dena Bank, Personnel Department,

Regional Office, 107,

Berasia Road,

Bhopal (MP)

…Management

746 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

AWARD

Passed on this 20th day of October 2016

1.

As per letter dated 8-10-2007 by the Government of India, Ministry of Labour, New Delhi, the reference is

received. The reference is made to this Tribunal under Section -10 of I.D.Act, 1947 as per Notification No.L-

12011/74/2007-IR(B-II). The dispute under reference relates to:

“Whether the action of the management of Assistant General Manager, Regional Office, Dena Ban, Bhopal in

terminating the services of Shri Jai Singh Solanki w.e.f. April 2004 is justified? If not, to what relief the

workman is entitled?”

2.

After receiving reference, notices were issued to the parties. Workman submitted statement of claim at Page 2/1

to 2/4. Case of Ist party workman is that he was engaged on daily wages by Branch Manager Sarad Lad in November

1989. He was paid wages Rs.18 per day. The wages were increased up to Rs.90 per day. He was working 6 days in a

week Monday to Saturday. He completed 240 days continuous service during each of the year till April 2004. His

services were terminated without notice, retrenchment was not paid to him. He is covered as employee under Section

25 B of ID Act. His services are terminated in violation of Section 25-F of ID Act. Principles of last come first go was

not followed while terminating his services thereby management violated Section 25 G,N of ID Act. After termination

of his service, management engaged other persons for work. Workman was not given opportunity of re-employment.

Thereby management violated Section 25 of ID Act. On such ground, workman prays for his reinstatement with

backwages.

3.

2nd party filed Written Statement on 5-6-09 opposing claim of workman. 2nd party raised objection that Union is

not existing Union is not recognised by management of Dena Bank. Any employee of said Bank are not members of

the Union Union has no locus to raise the dispute. The dispute is raised after 7 years is not tenable. Ist party workman

was not appointed following recruitment process. His services are not terminated by management. 2nd party denies that

workman is illegally terminated violating provisions of ID Act.

4.

2nd party further submits that it is covered by statutory rules and regulations. The appointments are made as per

the rules. Workman was not appointed following recruitment process. He was hired from time to time by Branch

Manager for miscellaneous work. It doesnot amount to appointment. When person is engaged on daily wages, contract

engagement starts in morning and automatically ends at end of the day such casual engagement is not covered under

Section 2(oo) of ID Act. Disengagement of such casual workers is covered under Section 2(oo)(bb) of ID Act.

Workman is not entitled to retrenchment compensation. As per directions of Central Government, employment iin

cadre of sub staff would be done through Employment Exchange only. Only when no suitable candidates are available

and certificate issued by Employment Exchange Authorities, then other sources of recruitment would be considered.

The Bank recruits candidates from approved panel considering the candidates sponsored through Employment

Exchange. The candidates whose names appear in the approved panel would be eligible for appointment on part time

basis. As per the Banker’s rules, Regional Manager has to place indent with local Employment Exchange for calling

candidates. When Ist party workman was not empanelled in subordinate cadre, his name was not sponsored through

Employment Exchange. As such workman has not undergone selection process. 2nd party referred to ratio held in

various cases and reiterates that workman engaged on casual basis is not entitled for regular service. workman is snot

entitled to any relief. 2nd party also submits that workman had not produced documents about 240 days working in

each of the years., workman is not entitled to any relief.

5.

Considering pleadings on record, the points which arise for my consideration and determination are as under. My

findings are recorded against each of them for the reasons as below:-

(i) Whether the action of the management of

Assistant General Manager, Regional Office, Dena

Ban, Bhopal in terminating the services of Shri Jai

Singh Solanki w.e.f. April 2004 is justified?

In Negative

(ii) If not, what relief the workman is entitled to?”

As per final order.

REASONS

6.

Point No.1- The term of reference pertains to legality of termination of services of workman. Workman filed

affidavit of his evidence supporting his contentions in statement of claim. That he was engaged on daily wages in

November 1989, he was paid wages Rs.18 per day. Wages were increased upto Rs.90 per day. In 1995, one Rajendra

Sharma, daily wage employee filed conciliation proceeding. Thereafter the management stopped payment vouchers in

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

747

his name. that he worked more than 240 days during past 10 years as peon. He was also doing work of domestic service

and various kinds of work in the Bank. In April 2004, his services were terminated without notice, retrenchment

compensation was not paid to him, since termination, he is unemployed. In his cross examination, Ist party workman

says he was initially engaged by Branch Manager Shri Sarath in December 1989. The post was not advertised. He had

obtained letter from Employment Exchange. Said letter was not showing the date of interview. In 1989, when he was

engaged in the branch, permanent daftary was working. He denies that he was engaged as per exigency during leav

period of permanent staff. Workman was unable to tell whether he was paid wages at collector rate. His wages were

increased from Rs.80 to Rs.90 per day. For 1 ½ year, he was paid wages obtaining his signature. Thereafter the wages

were not paid in his name. he produced 150 documents in support of his claim. He was also working at residence of

Branch Manager. Branch Manager Sarath was working in the branch for 4 years. He worked during tenure of Branch

Manager Dalal. He was not paid separately for domestic work. He did not remember whether he filed proceeding for

recovery of gratuity amount before RL Bhopal. Draft of Rs.25000 was sent to him as per order of Labour

Commissioner. He claims ignorance about filing of appeal. He again says he did not received amount of Rs.25000. in

his further cross, workman says loan of Rs.50,000 was granted for his marriage by Branch Manager, Meena. He signed

documents for loan telling that amount of loan be spent for marriage expenses and loan taken from other staff members.

He produced receipts about purchase of grossery articles for loan purpose. The amount of Rs. 46000 of loan account is

outstanding against him. He was unable to tell how many days he worked till 1989. He denies that he filed proceeding

to avoid payment of loan amount.

7.

Management filed affidavit of Shri Vijay Shrivastava supporting contentions in Written Statement.

Management’s witness says Ist party workman was not appointed following recruitment process. His name was not

entered in muster roll. In order to ensure smooth customer service, branch Manager used to engage local labours for

casual nature of job on daily wages. Workman as paid daily wages for days of engagement at rate declared by

Collector. That workman never worked in Ratlam branch during `989 to 2004. Workman was sanctioned loan of Rs.

50,000. He defaulted in reinstatement of loan amount. Recovery proceeding was initiated against him. Workman had

filed proceeding for recovery of gratuity amount before Controlling Authority. Management had filed appeal against

order passed by Competent Authority. The amount ordered to obe deposited by Bank was ordered to be refunded by

Appellate Authority. Management’s witness in his cross examination says circular Exhibit M-7 was not obligatory to

be complied. Ist party workman was not engaged with permission of higher authorities. Appointment letter was not

issued to him. His attendance register was not maintained. Branch Manager was paying wages in cash. Signature of

workman was not obtained on payment voucher. Management’s witness admitted zerox copies of payment voucher

Exhibit W-6/1 to 29. Ist party workman was not paid retrenchment compensation. Termination notice was not issued to

him.

8.

Certainly burden lies on workman to prove he worked more than 240 days preceding 12 months of his

termination. Evidence of workman and management’s witness is against oath. Evidence of workman is corroborated

by documents Exhibit W-1(a to c), those payment vouchers pertains to period 6-1-90, 21-1-90, 24-4-90, 3-5-90, 5-5-90,

12-5-90 & 19-7-90. As per pleadings and evidence of workman, his services were terminated in April 2004. Those

payment vouchers donot pertain to May 03 to April 04 i.e. 12 months preciding termination of workman. Exhibit W-3

is reply submitted by management before RL. Management contented that Attendance Register for period 1-1-97 to 30-

12-99 were not bearing signature. Payment vouchers of period 03 to 04 pertains to payment for cleaning, sweeping etc.

work. Management’s witness admitted Exhibit W-6/1 to 30. In all those payment vouchers, name of workman is not

written. Evidence of management’s witness is not disclosing that any other employee was working on daily wages in

the Bank. Regular peon or daftary cannot be paid by said vouchers. In my considered view, payment vouchers Exhibit

W-6/1 to 30 are produced before RLC supports evidence of workman that he was paid wages under those vouchers.

The vouchers W-6/1 to 6/30 pertains to the period January 03 to Feb 04. Amounts of Rs.480, 560, 400, 320, 240, 425 is

paid as Sundry Expenses. The period of working is also shown in vouchers,. The payment is made to the Branch

Manager. Branch Manager is not examined. Management’s witnesses who filed affidavit of evidence was not working

in the branch during 19889 to 2004. Considering payments made under above vouchers, the evidence of workman is

corroborated that he was paid amount under Sundry expenses.

9.

Shri A.K.Shashi for management relies on ratio held in

Surendra Nagar District Panchayat versus Dahyabhai Amarsingh reported in 2005(8)SCC-750. Their Lordship

dealing with Section 25-F of ID Act held facts must be proved by workman to claim protection under Section 25-F. that

their existed relationship of employer employee , is a workman under Section 2(s) of ID Act, establishment in which he

is employed is an industry, he has put not less than one year continuous service.

Evidence discussed above establish all above conditions. There is no dispute that 2nd party is covered as industry

and evidence of workman shows that he was working on daily wage casual labour. Ratio held in the case supports the

claim of workman.

748 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

10.

Shri A.K.Shashi also relies on ratio held in case of

Oshiar Prasad and others versus employers in relation to management of Sudamdih coal washery of BCCL,

Dhanbad reported in 2015-I-LLJ-513(SC). Their Lordship held no enquiry can be made on questions not specifically

referred to Tribunal while answering reference- services of appellants terminated long back prior to making of

reference, appellants not in services of either conractor or BCCL on date of making reference in question, no Industrial

Dispute existed or apprehended in relation to appellant’s absorption in services of BCCL on date of making reference.

The reference pertains to termination of legality of services of workman. In above cited judgment, their Lordship

allowed appellants entitled to claim retrenchment compensation.

The facts of present case are not comparable. While dealing with the question about granting compensation or

reinstatement would be considered while dealing with Point No.2.

11.

The evidence discussed above is clear that workman had completed 240 days continuous service, his services

were terminated without notice, workman was not paid retrenchment compensation, termination of services of

workman is in violation of Section 25-F of ID Act. For above reasons, I record my finding in Point No.1 in Negative.

12.

Point No.2- In view of my finding in Point No.1 termination of services of Ist party is illegal, question remains

for consideration whether workman is entitled for reinstatement with backwages. The evidence of workman is clear

that he was engaged on daily wages, he was not appointed following selection process. On the point, learned counsel

for management Shri A.K.Shashi rlies on ratio held in

M.P.State Agro Industries Development Corporation Ltd and another versus S.C.Pandey reported in

2006(2)SCC-716. Their Lordship dealing with right to regularization in respect of casual temporary employees held

only because temporary employee on completion of 240 days continuous service by itself would not confer any legal

right upon him to be regularized in service. their Lordship further held if the appointment is made contrary to

provisions of the statute, the same would be void and effect thereof would be that no legal right could e derived by the

employee by reason thereof.

Reliance is also placed in case between

Jagbir Singh versus Haryana State Agriculture Marketing Board and another reported in 2009(15)SCC-327.

Their Lordship dealing with reinstatement award of back wages doesnot follow automatically pursuant to setting aside

of order of retrenchment passed in violation of Section 25-F of ID Act reinstatement with full backwages in case of

illegal retrenchment of daily wager not proper. Instead compensation be awarded.

In present case, workman was engaged on daily wages, he was not appointed following recruitment process.

Considering the nature of engagement and his services is terminated in violation of Section 25-F of ID Act,

compensation Rs. One Lakh would be appropriate. Accordingly I record my finding in Point No.2.

13.

In the result, award is passed as under:-

(1)

The action of the Assistant General Manager, Regional Office, Dena Ban, Bhopal in terminating the

services of Shri Jai Singh Solanki w.e.f. April 2004 is legal and proper.

(2)

2nd party is directed to pay compensation Rs. One Lakh to the workman.

Amount as per above order shall be paid to workman within 30 days from the date of notification of award. In

case of default, amount shall carry 9 % interest per annum from the date of award till its realization.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 9 iQjojh] 2017

dk-vk- 378-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ

Hkkjrh; thou chek fuxe 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;] gSnjkckn ds iapkV (lanHkZ la[;k 188@2014) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj

dks 07-02-2017 dks çkIr gqvk FkkA

¹la- ,y&17012@114@2014&vkbZvkj (,e)º

jkts'k dqekj] voj lfpo

New Delhi, the 9th February, 2017

S.O. 378.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 188/2014) of the Central Government Industrial Tribunal/Labour

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

749

Court, Hyderabad now as shown in the Annexure, in the industrial dispute between the employers in relation to the

management of M/s.. Life Insurance Corporation of India and their workman, which was received by the Central

Government on 07.02.2017.

[No. L-17012/114/2014-IR (M)]

RAJESH KUMAR, Under Secy.

ANNEXURE

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

HYDERABAD

Present : Sri Muralidhar Pradhan, Presiding Officer

Dated : the 31st day of January, 2017

INDUSTRIAL DISPUTE No. 188/2014

Between :

Sri Ch. Madhukar,

H.No.10-1258, Govindarajulagutta,

Girmajipet, Warangal

…Petitioner

AND

1.

The Zonal Manager,

LIC of India, Zonal Office,

Opp. Secretariat, Saifabad, Hyderabad-500 004.

2.

The Branch Manager,

LIC of India, Hanamakonda Branch,

Hanamkonda. Warangal district.

3.

The Sr. Divl. Manager,

LIC of India, Divl. Office,

Balasamudram, Hanamkonda

Warangal district

…Respondents

Appearances :

For the Petitioner

:

M/s.. Sarosh Bastawala, Arun Kumar Hotkar & Amreen Fathima, Advocates

For the Respondent

:

Sri K R L Sarma, Advocate

AWARD

The Government of India, Ministry of Labour by its order No. L- 17012/114/ 2014-IR(M) dated 21.7.2014

referred the following dispute under section 10(1)(d) of the I.D. Act, 1947 for adjudication to this Tribunal between the

management of LIC of India, and their workman. The reference is,

SCHEDULE

“Whether the action of the management of Life Insurance Corporation of India, Zonal Office,

Hyderabad/Divisional Office, Hanamakonda, Warangal Dist. and Branch Office, Hanamakonda, Warangal

Dist. in terminating the services after crossing 240 days continuous service of Sri Ch. Madhukar, Ex-Temp.

Substaff LIC of India, Divisional Office, Karimnagar Br. w.e.f. 1.2.2013 is justified or not? If not, to what

relief the applicant is entitled to?”

The reference is numbered in this Tribunal as I.D. No. 188/2014 and notices were issued to the parties concerned.

2.

The case stands posted for filing of claim statement and documents by the Petitioner.

3.

Inspite of repeated calls, the Petitioner did not turn up. Several opportunities have been given to the Petitioner

to attend the court to prosecute his case. But the Petitioner failed to attend this Tribunal which clearly indicates that

the dispute of the Petitioner has already been settled and the Petitioner has nothing to claim. Hence, a ‘No dispute’

award is passed.

750 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

Award is passed accordingly. Transmit.

Typed to my dictation by Smt. P. Phani Gowri, Personal Assistant, corrected by me on this the 31st day of

January, 2017.

MURALIDHAR PRADHAN, Presiding Officer

Appendix of evidence

Witnesses examined for the Petitioner

Witnesses examined for the Respondent

NIL

NIL

Documents marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

ubZ fnYyh] 9 iQjojh] 2017

dk-vk- 379-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ

Hkkjrh; thou chek fuxe 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;] gSnjkckn ds iapkV (lanHkZ la[;k 6@2015) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj

dks 07-02-2017 dks çkIr gqvk FkkA

¹la- ,y&17012@142@2014&vkbZvkj (,e)º

jkts'k dqekj] voj lfpo

New Delhi, the 9th February, 2017

S.O. 379.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 6/2015) of the Central Government Industrial Tribunal/Labour

Court, Hyderabad now as shown in the Annexure, in the industrial dispute between the employers in relation to the

management of M/s.. Life Insurance Corporation of India and their workman, which was received by the Central

Government on 07.02.2017.

[No. L-17012/142/2014-IR (M)]

RAJESH KUMAR, Under Secy.

ANNEXURE

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

HYDERABAD

Present : Sri Muralidhar Pradhan, Presiding Officer

Dated : the 31st day of January, 2017

INDUSTRIAL DISPUTE No. 6/2015

Between :

Sri G. Koteswara Rao,

S/o G. Venkateswara Rao,

D.No.3-29-8/, 4th Lane,

Pedda Cheruvu, Narasaraopet(P.O. & M),

Guntur District

…Petitioner

AND

1.

The Sr. Divisional Manager,

LIC of India, Divisional Office,

Kennedy Road, Machilipatnam-521001.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

751

2.

The Branch Manager,

LIC of India, Narsaroapet Branch,

Guntur

…Respondents

Appearances:

For the Petitioner :

None

For the Respondent:

Sri K R L Sarma, Advocate

AWARD

The Government of India, Ministry of Labour by its order No. L- 17012/142/ 2014-IR(M) dated 22.1.2015

referred the following dispute under section 10(1)(d) of the I.D. Act, 1947 for adjudication to this Tribunal between the

management of LIC of India, and their workman. The reference is,

SCHEDULE

“Whether the removal from service of Sri G. Koteswara Rao, Ex-Temp. Class.IV LIC of India,

Narasaraopet Branch w.e.f. 25.1.2013 is legal and justified? If not, what other relief the workman is entitled

to?”

The reference is numbered in this Tribunal as I.D. No. 6/2015 and notices were issued to the parties concerned.

2.

The case stands posted for filing of claim statement and documents by the Petitioner.

3.

In spite of service of notices to the address given in the reference order, the Petitioner did not turn up. Several

opportunities have been given to the Petitioner to attend the court to prosecute his case. But the Petitioner failed to

attend this Tribunal which clearly indicates that the dispute of the Petitioner has already been settled and the Petitioner

has nothing to claim. Hence, a ‘No dispute’ award is passed.

Award is passed accordingly. Transmit.

Typed to my dictation by Smt. P. Phani Gowri, Personal Assistant, corrected by me on this the 31st day of

January, 2017.

MURALIDHAR PRADHAN, Presiding Officer

Appendix of evidence

Witnesses examined for the Petitioner

Witnesses examined for the Respondent

NIL

NIL

Documents marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

ubZ fnYyh] 9 iQjojh] 2017

dk-vk- 380-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ lh-

vkbZ-,l- C;wjks iSQflfyVh l£olsl izkbosV 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;] csaxywj ds iapkV (lanHkZ la[;k 07@2015) dks çdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 07-02-2017 dks çkIr gqvk FkkA

¹la- ,y&30025@2@2017&vkbZvkj (,e)º

jkts'k dqekj] voj lfpo

New Delhi, the 9th February, 2017

S.O. 380.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 07/2015) of the Central Government Industrial Tribunal/Labour

Court, Bangalore now as shown in the Annexure, in the industrial dispute between the employers in relation to the

management of M/s.. CIS Bureaus Facility Services Private Limited and their workman, which was received by the

Central Government on 07.02.2017.

[No. L-30025/2/2017-IR (M)]

RAJESH KUMAR, Under Secy.

752 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

ANNEXURE

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

BANGALORE

DATED : 31st JANUARY, 2017

PRESENT : Shri V S RAVI, Presiding Officer

ID No. 07/2015

I Party

II Party

Sh T.K. Balasubramanian,

The Director,

S/o Sri T.R. Krishnamurthy (late),

CIS Bureaus Facility Services

5-43, Angara Gundy,

Private Limited, Plot No. 13,

New Mangalore – 575011

Simhapuri Colony, Near AOC Gate

Road, West Maredpally,

Secunderabad – 500025

AWARD

1.

The brief details mentioned in the Claim Statement of the I Party are as follows:

The I Party has been originally appointed as a security at ATM HPCL Outlet Panambur, Mangalore under the II

Party on January 2014, and he has continued to work from January 2014 to September 2014. Suddenly, the II Party has

terminated the service of I Party, without any valid reasons. The I Party is, without any employment and income and

his entire family is dragged into the street. Therefore, the I Party prays to direct the II Party to reinstate I Party into SBI

ATM Panambur, Mangalore security services, with continuity of service and also with back wages and other

consequential benefits, in the interest of justice.

2.

The crucial point that arises for consideration in the present matter is, as follows:-

‘Whether the action of the II Party, namely, CIS Bureaus Facility Services in dismissing the services of I

Party/Sh. T.K. Balasubramanian is justified? If not, to what relief, the I Party is entitled to get?’

3.

Analysis, Discussions And Findings with regard to the above mentioned point:-

The WW-1 namely, Sh. T.K. Balasubramanian has specifically deposed in his evidence that, he has been

terminated by II Party from the employment without any valid reason and the I Party is, without employment and

income and his entire family is dragged into the street. Further, the I Party namely WW 1 has field Ex W-1 to Ex W-5.

Further, as per Ex W-1, I Party has filed the copy of the covering letter issued by the Authority under the Minimum

Wages Act, 1948 and Regional Labour Commissioner (Central) dated 22.12.2014 and as per Ex W-2, the I Party has

produced the order passed by the Authority under the Minimum Wages Act, 1948 and Regional Labour Commissioner

(Central) dated 14.01.2015, and as per Ex W-5, the I Party has produced the ID card issued by the II Party to the I

Party.

4. On a careful perusal of material records, it is seen that RPAD notices have been sent to the II Party in Transaction

No. A RK345402064 IN dated 02.12.2016 and in and A RK326907745 IN dated 21.09.2016, and served postal

acknowledgment, also, received, regarding the RPAD notice served to II Party by this Court through Department of

Post, Government of India. Still, no representation has been made by II Party and II Party also called absent.

5.

Further, in the Judgment reported in [2001-11-LLJ-1087] (By The Honourable Supreme Court Of India) (By

the Honourable Five Judges Bench) (Honourable Mr. Justice B.N. Kirpal, Mr. Justice Syed Shah Mohammed Quadri,

Mr. Justice M.B. Shah, Ms. Justice Ruma Pal, Mr. Justice K.G. Balakrishnan) (in the case of Steel Authority of India

Ltd. and Others Vs National Union Water Front Workers and Others) it is clearly observed as follows:- “HELD: A

beneficial legislation needs to be construed liberally in favour of the class for whose benefit it is intended, does not

extend to reading in the provisions of the Act what the Legislature has not provided whether expressly or by necessary

implication or substituting remedy or benefits for that provided by the Legislature. When the concept of automatic

absorption of contract labour as a consequence of issuing notification under section 10(1) by the appropriate

Government is not alluded to either in Section 10 or at any other place in the Act and the consequences of violation of

Sections 7 and 12 of the Contract Labour (Regulation and Abolition) Act is explicitly provided in section 23 and 25 of

the Contract Labour (Regulation and Abolition) Act, it is not for the High Courts or this Court to read in some

unspecified remedy in Section 10 or substitute for penal consequences specified in sections 23 and 25 a different

sequence, be it absorption of contract labour in the establishment of principal employer or a lesser of the statue will be

far beyond the principle of ironing out the creases and the scope of interpretative legislation and as such clearly

impermissible. It is difficult to accept that Parliament intended absorption of contract labour on issue of abolition

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

753

notification under section 10(1) of the Contact Labour (Regulation and Abolition) Act. If 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 regularise the service of the contract labours in the concerned establishment subject

to the conditions as may be specified by it for that purpose”.

6.

On the careful and complete scrutiny of the materials on record it is found that the I Party is entitled to get relief

as prayed for in the claim statement. Further, II party has not established that the termination of the service of the I

party has been done, after following the appropriate rules and regulations. In such circumstances, it is found that the I

Party is entitled to get relief as prayed for.

Hence, the following Award is passed by this Tribunal.

AWARD

The II Party is not justified in dismissing from the service the I Party/Sh T.K. Balasubramanian, as a Security at

ATM, panambur, Mangalore and the II Party is directed to reinstate the I Party, into the Security Service, with

continuity of service, and also, with back wages and other consequential benefits that he would have received in the

absence of the impugned dismissal from the service, and the present reference is ordered, accordingly, without cost, for

the above mentioned peculiar facts and special circumstances.

(Dictated, transcribed, corrected and signed by me on 31st January, 2017)

V. S. RAVI, Presiding Officer

Witness examined on behalf of I Party

Documents Exhibited on behalf of I Party

ubZ fnYyh] 9 iQjojh] 2017

dk-vk- 381-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ gqV~Vh

xksYM ekbUl da- 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;] csaxywj ds iapkV (lanHkZ la[;k 40@2012) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks

07-02-2017 dks çkIr gqvk FkkA

¹la- ,y&43012@1@2012&vkbZvkj (,e)º

jkts'k dqekj] voj lfpo

New Delhi, the 9th February, 2017

S.O. 381.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 40/2012) of the Central Government Industrial Tribunal/Labour

Court, Bangalore now as shown in the Annexure, in the industrial dispute between the employers in relation to the

management of M/s.. Hutti Gold Mines Co. Ltd. and their workman, which was received by the Central Government

on 07.02.2017.

[No. L-43012/1/2012-IR (M)]

RAJESH KUMAR, Under Secy.

WW-1

Sh. T.K. Balasubramanian, I Party

Exhibits

Date

Description of Document

Ex W-1

22.12.2014

Covering letter issued by The Authority under the Minimum Wages Act and Regional

Labour Commissioner (Central)

Ex W-2

14.01.2015

Order passed by The Authority under the Minimum Wages Act and Regional Labour

Commissioner (Central)

Ex W-3

22.12.2014

Covering letter issued by The Authority under the Minimum Wages Act and Regional

Labour Commissioner (Central)

Ex W-4

14.01.2015

Order passed by The Authority under the Minimum Wages Act and Regional Labour

Commissioner (Central)

Ex W-5

-

ID card copy issued to I Party

754 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

ANNEXURE

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

BANGALORE

DATED : 30th JANUARY 2017

PRESENT : Shri V S RAVI, Presiding Officer

CR No. 40/2012

I Party

II Party

Sh Shaik Mehaboob,

The Executive Director,

S/o Md. Yusuf, T No.485,

Hutti Gold Mines Co., Ltd..,

Garage Dept., Near Biyabani Area,

Hutti – 584115

Rest Camp Randa,

Raichur District.

WADI - 585225

AWARD

1.

The Central Government vide Order No. L-43012/1/2012-IR(M) dated 21.09.2012 in exercise of the powers

conferred by Clause (d) of Sub-Section (1) and Sub-Section 2(A) of Section 10 of Industrial Dispute act, 1947 has

made this reference for adjudication with following Schedule :

SCHEDULE

“Whether the action of the management of M/s. Hutti gold Mines Co. Limited (HGML) in recording date of birth

on the basis of age declaration of the workman Sri Shaik Mehaboob is legal and justified? What relief the

workman is entitled to?”

2.

The 1st party has been appointed on 01.01.1974 with the 2nd Party Management and has put up 36 years of service

with the 2nd Party company and he has prayed for altering the Date of Birth as 01.06.1957 instead of the Date of Birth

already fixed as 01.01.1954 on the service records.

3.

The 2nd Party has stated that on 20.12.1973 the 1st Party has submitted his application that he is an illiterate and

the 2nd Party has fixed the Date of Birth of 1st party as 01.01.1954 on the service records as per the certificate issued

by the chief Medical Officer, which has also been accepted by the 1st Party, and the case filed by the 1st Party for

altering his Date of Birth before the Court of Judicial Magistrate First Class, Lingasugur in the year 2007 has been

dismissed. Further the appeal filed by the 1st party has also been dismissed by Civil Judge Senior Division, Lingasugur

on 19.08.2009 in RA No.39/2008. Further, the 1st Party has already retired from the service of 2nd Party Company on

31.12.2013 and, at the very end of the career, the 1st Party is not entitled to raise the present dispute regarding his Date

of Birth. Hence the 2nd Party has requested to reject the reference.

4.

The pertinent point that arises in the present matter is as follows:- Whether the action of the 2nd Party in

recording the Date of Birth of the 1st Party as 01.01.1954, is proper, legal and justified? To what relief the 1st party is

entitled to get?

5.

Analysis, discussing, findings with record to the above mentioned point:-

MW1, namely the Manager (HR), of 2nd party has categorically stated that the 1st Party has been appointed on

01.01.1974, and based upon the certificate issued by the Chief Medical Officer, the age of the 1st party has been

recorded as 20 years as per Ex-M1 Application Form submitted by the 1st Party dated 20.12.1973 and also in the Form

2, the age 0f the 1st Party, recorded as 20 years as on 20.12.1973.

6.

Further, the Counsel for the 2nd Party, M/s. M R C Ravi, Sudhakar. B and Shilpa A.N, pointed out that, as per Ex-

M2, the learned Civil Judge, Junior Division, Lingasugur vide Judgement dated 04.09.2008 delivered in OS

No.86/2007 has dismissed the suit filed by the 1st party, herein to alter Date of Birth and further M1 has clearly stated

in his evidence that the appeal filed by the 1st Party herein has been dismissed on 19.08.2009 in RA No.39/2008.

Further, in the Counter statement the 2nd party has clearly stated in Para 8 as follows:- The Hon’ble Supreme Court in

Hindustan Liver Ltd Vs. S M Jadav and another reported in 2001 (1) SCC pg 639 has held that. “raising dispute

regarding altering the Date of Birth, at the fag end of the career or after retirement is not permissible.” And also, in

Mysore Sugar Company Vs. Mohanraj reported in 2002 (1) LLN PG 283, the Hon’ble High Court of Karnataka has

held that, “Opinion of Medical Board cannot be challenged after a lapse of time over thirty years when employee

himself had accepted it.” In the present case also, it is seen that the 1st party is trying to raise the dispute regarding,

altering the Date of Birth at the fag end of the career, or after his retirement and hence it is not permissible, factually

and also, legally.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

755

7.

Further, on the careful perusal of records it is found that RPAD sent to the 1st party, in transaction ID NO. A

RK114439418IN dated 25.03.2013 has been returned, with the endorsement, that the 1st Party has refused to receive

the same and hence returned to the sender. Further, there is also the received acknowledgment sent by this Court on

28.12.2012 by RPAD to the 1st Party. If really the 1st Party is having any objection to the specific stand taken by the

2nd Party, then, the 1st party would have been made appearance before this Court and also should have submitted his

submission to this Court. On the other hand the 1st party has not made any appearance to the Court, without any

sufficient and adequate reasons, though relevant opportunity has been given by this Court. At the same time, the 2nd

party has clearly established that the 1st Party is not entitled to get any relief and the request of the 1st Party, regarding

altering the Date of Birth of the 1st Party at the fag end of his service, is not proper and also not legal. Thus, the point

is answered accordingly.

AWARD

In the result, the action of the management of M/s. Hutti gold Mines Co. Limited (HGML) in recording date of

birth on the basis of age declaration of the workman Sri Shaik Mehaboob is legal and justified. The reference is

answered, accordingly, without costs, for the above mentioned peculiar facts and special circumstances of the present

matter.

(Dictated, transcribed, corrected and signed by me on 30th January, 2017)

V. S. RAVI, Presiding Officer

Witness :

MW1

05.01.2017

Sh. Yamunarappa, Manager (HR)

Documents exhibited on behalf of the II Party :

Sl. No.

Exibit

Date

Description of Document

1.

Ex.-M1

20.12.1973

HGML Application Form and Form 2

2.

Ex.-M2

04.09.2008

O.S. 86/07 Judgment Copy

3.

Ex.-M3

19.08.2009

RA No. 39/08 Judgment Copy.

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New Delhi, the 9th February, 2017

S.O. 382.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 102/2007) of the Central Government Industrial Tribunal/Labour

Court, Bangalore now as shown in the Annexure, in the industrial dispute between the employers in relation to the

management of M/s.. Mysore Minerals Ltd. and their workman, which was received by the Central Government on

07.02.2017.

[No. L-29012/29/2007-IR (M)]

RAJESH KUMAR, Under Secy.

ANNEXURE

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

BANGALORE

DATED : 31st JANUARY 2017

PRESENT : Shri V S RAVI, Presiding Officer

CR No. 102/2007

756 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

I Party

II Party

Sh. L.S. Puttaraju,

The Managing Director,

S/o Siddegowda, Lingapur Village,

Mysore Minerals Limited,

Bageval Post, Gandasi Hobli,

No. 39, M G Road,

Arasikere Taluk,

Bangalore.- 560001

Hassan District.

AWARD

1.

The Central Government vide Order No.L-29012/29/2007-IR(M) dated 21.08.2007 in exercise of the powers

conferred by Clause (d) of Sub-Section (1) and Sub-Section2(A) of Section 10 of Industrial Dispute act, 1947 has made

this reference for adjudication with following Schedule :

SCHEDULE

“Whether the management of Mysore Minerals Limited is justified in terminating the services/premature

superannuating of the services of Sri L.S. Puttaraju w.e.f. 28.08.1998? If not, to what relief the workman is

entitled to?”

2.

Brief details mentioned in the claim statement are as follows:-

The I Party respectfully submits that on 01.07.1986, I Party joined the service of the II Party Management at its

Mining Unit viz., Haladahalli Mines and Later on, transferred to Bhaktharahalli Chromite Mines, Channaryapatna

Taluk, Hassan District as a Mining worker under Token No. 119. At the time of joining the service on 01.07.1986, the

I Party had furnished his age as 22 years i.e., his date of birth being 01.07.1964 as per the Horoscope maintained by his

parents as per the family tradition and custom. The said date of birth infact has been entered in all the statutory records

like EPF, B-register and Service records, etc. The I Party is entitled to continue in the service with the II Party upto

01.07.2023 i.e., upon reaching the age of superannuation i.e, 58 years in the II Party Organization. The II Party by eye

wash conducted the so called illegal Medical Examination for the purpose of removing the I Party from the service

before reaching the age of superannuation. Further, on 28.08.1998 the II Party, Bhaktarahalli Mines Officials, orally

refused to allow the I Party to do his work w.e.f 28.08.1998 on the plea that the I Party has reached his superannuation

age of 58 years as per the so called illegal Medical Examination. After illegal termination the I Party has faced

unemployment problem and financial hardship, not only by him but also his family members. The entire family has

depended only upon the earnings of the I Party in the II Party Organization. Some of the co-workers have challenged

their pre-mature retirement and age certification before the Hon’ble High Court of Karnatatka, viz., Writ Petition No.

5615/2001 between Smt. K.Dundamma Vs MML, and the same Management of II Party challenged the same in Writ

Appeal No. 3460/2001 C/W W.No. 3459/2001. The said Appeal has been rejected on 12.06.2002 confirming the single

Judge order dated 29.03.2001. In view of the said decision the Management reinstated the above mentioned pre-

matured retired employee with payment of back wages, with continuity of service thereon. On account of the illegal

payment and other lapses, in the II Party Management, it has to face administrative problems. The II Party adopted its

own tactics, ways and means for terminating the Mining Workers in short cut methods and also, in an illegal and

irregular manner by adopting anti-labour and un-fair labour practice and victimized the I Party and other co-workers by

removing them enmasse by resorting to so-called Medical Examination during the year 1998 in illegal and irregular

manner, without disclosing the true fact, to the I Party and also without notifying the so-called Medical Examination

result and kept the I Party in dark, to the utter shock and surprise and also, to the detriment of his interest. Medical

Examination has been conducted at the rate of 100 Mining Workers per day i.e, one doctor examined the Mining

Workers. The II Party used the above illegal, imaginary, hypothetical and unscientific Medical report as its tool for

unilaterally deciding the age of I Party and other workers. The I Party is hale and healthy and entitled to work upto

01.07.2023. Hence, the so-called Medical Examination conducted by the II Party is illegal, and also irregular and the

same is not having any legal sanctity and not sustainable in law as it is violative of Rule 29-C. The I Party has

repeatedly requested the officials of the II Party to provide the work to him till reaching the age of superannuation i.e.,

till 01.07.2023. The II Party un-necessarily created hardship to the I Party by not providing employment. The II Party

Management is not justified in retrenching the I Party services w.e.f. 28.08.1998 in summary manner without following

to the principals of Natural justice and fair play. Further, apart from the violation of various provisions of the I.D. Act

as stated above, the II Party violated its own Certified Standing Orders. The II Party acted contrary to its own Certified

Standing Orders/Service Rules for effecting the premature superannuation by way of illegal termination. The I Party

belongs to socially and economically weaker section and also, he is the Rural based worker and used to work in Mines,

which is in a remote place of the village and the I Party is also a illiterate worker belonging to Economically weaker

section & not a matching party to fight against the II Party for the injustice done by the II Party. The I Party is facing

financial hardship and mental agony due to stoppage of his monthly earnings in the II Party organization and also, due

to illegal termination. Also, the I Party is not able to maintain himself and his family with day to day, food and basic

needs. The I Party has faced the financial hardship to reach the Labour Department like Assistant Labour

Commissioner and Conciliation Officer (C), Hubli from his place, for raising the dispute and also, to set right his

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

757

grievances. Ultimately with great hardship, mental agony and with the help of well wishers, the I Party has raised the

I.D before the Assistant Labour Commissioner and Conciliation Officer (C), Hubli on 04.06.2006. The I Party is

entitled for back wages, continuity of service and other consequential benefits from the date of refusal of employment

w.e.f. 28.08.1998. The II Party violated the I.D. Act as well as its own Certified Standing Orders/Service Rules as

stated above. Under the I.D. Act there is no limitation prescribed for raising the dispute and the Article 137 of

Schedule to the limitation Act is not applicable to proceedings under I.D. Act. Therefore, the I Party prayed this Court

to pass an award holding that the action of the II Party Management is not justified in terminating the services of I

Party, namely, premature superannuation of the I Party services w.e.f 28.08.1998 and also to direct the II Party to

reinstate the I Party, with continuity of service, with payment of Full back wages and other consequential benefits from

the date of termination i.e, 28.08.1998 till providing employment/reaching the age of superannuation as per B-register

and EPF records and Service records maintained by the II Party and EPF Authorities and pay the interest at the rate of

18% from the said due date up to the date of payment and further award of cost of the present proceedings, in the

interest of justice and also, equity.

3.

Brief details mentioned in the counter statement are as follows:-

The II Party states that the dispute raised by the I Party is totally perverse, frivolous and misconceived, and there

is no merit in the dispute, in question, raised by the I Party. The success of co-workers of I Party in W.P. No.

5615/2001 and 26101/2001 before Hon’ble High Court of Karnataka, inspired, the I Party to file this dispute after lapse

of 10 years. The I Party who has waited for the result of co-worker before Court of law, cannot be permitted to

approach Court at the inspiration of success of co-worker. The said expert team have examined the I Party and found

the incapacity to work in the mine, in view of the fact that the I Party, aged more than 58 years as on the date of

Medical Examination. Further, there is no relationship of employer and employee existed between I Party and II Party

as on the date of preferring the reference. Hence, the reference is made without authority of law and without

jurisdiction, and as such the dispute deserves to be dismissed on the said ground alone. Further, there is no I.D existed

or is apprehended. There is no irregularity or illegality in the said medical examination. Therefore, the question of

continuation of service and payment of back wages does not arise at all. In fact, the I Party is employed elsewhere and

earning salary. The II Party has not acted illegally or arbitrary.

4.

The pertinent point that arises for consideration in the present matter is:-

“Whether the II Party is justified in terminating service/premature superannuation service of I Party w.e.f

28.08.1998? If not, to what relief the I Party is entitled to get?”

5.

Analysis, Discussion Findings with regard to the above mentioned point:-

On behalf of II Party, MW -1 Assistant Manager of II Party, has been examined as MW-1. MW-1, has

categorically admitted in his evidence that the I Party joined the service of the II Party on 01.07.1986, and at the time of

joining the service, the I Party has furnished the Date of Birth as 01.07.1964 as per the Horoscope maintained by his

parents. Hence, it is crystal clear that, at the time of joining, the II Party has taken the Date of Birth of I Party as

01.07.1964 and the same has been entered in the registers with the Date of Birth of I Party as 01.07.1964. Further,

MW-1 has admitted that as per the Expert Medical Examination report, the II Party/Management took the decision to

terminate the service of I Party on 28.08.1998. Also, MW-1 has admitted that having suffered the loss, the

management thought of reducing number of workers and MW-1 has not produced the Medical Certificate issued by the

Doctor who has examined the I Party’s health condition and the doctors have not conducted the Medical Examination

in his presence and MW-1 has clearly admitted that I Party has not been issued with charge sheet and no enquiry has

been conducted before the termination of his service and there is statutory records, and service records, like B-Register

and also EPF records. Accordingly, I Party has clearly stated in claim statement and his evidence that, the Date of

Birth of I Party has been registered as 01.07.1964 and suddenly, with a view to reduce the workers, the II Party has

terminated the service of the I Party, illegally and also arbitrarily with malafide intention.

6. Further, MW-1 has categorically admitted in his evidence that, I Party is an illiterate person and II Party has not

furnished to the I Party, the Kannada version/translation of Medical Certificate which is in English and MW-1 does not

know what is the age of the I Party as assessed by the Medical Officer and in what respect the Medical Officer opined

that the I Party is medically unfit and as per Ex W-4, details the superannuation age of employee has been enhanced

from 58 years to 60 years. Further, MW-1 has admitted that as per the clause 18 and 24 of the certified standing order,

any termination has to be followed by enquiry, along with 3 months notice pay and along with the termination order

issued to I Party the said 3 months salary has not been paid. On that ground also it is seen that the II Party has not

followed the proper procedure in terminating the service/premature superannuation of I Party w.e.f 28.08.1998.

Further, MW-1 namely the Assistant Manager of II Party has specifically admitted in his evidence that Writ petition

No. 5615/2001 and Writ Appeal No. 3460/2001 clubbed with 3459/2001 and 2610/101 orders have been passed as per

Ex W-1 to Ex W-3. In the claim statement the I Party has rightly pointed out that certain co-workers have challenged

the premature retirement and the Writ Petitions have been allowed and Writ Appeal has been dismissed and in view of

the said order, the II Party has reinstated the prematured employees with payment of back wages and also with

758 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

continuity of service thereon. Being the illiterate worker, as clearly admitted by MW-1 himself, the I Party has

repeatedly requested the II Party to reinstate the I Party into service and after the failure, he has approached Labour

Authorities and the reference has been made to this Court by the Labour Authorities.

7. Further, it is specifically pointed out by the I Party in the claim statement that there is no limitation for raising the

dispute and the said point is repeatedly decided by the Hon’ble Supreme Court of India and Hon’ble High Courts of

various states namely,

(i). LLJ-II-2001-pg788-792 [SC], Sapan kumar Pandit Vs U.P. State Electricity Board and others.

(ii) LLJ-I-1999-pg 1260-1265 [SC], Ajaib Singh Vs Sirhind Co-operative Marketing-cum-processing Service

Society.

(iii) LLJ-II-1999-pg-482-483[SC], Mahavir Singh Vs U.P. State Electricity Board and others.

(iv) LLJ-I-2003-pg 412-414 [MP], Ramadhar Tiwari Vs Union of India and others.

8. Further, in the claim statement, the I party has clearly pointed out that he is hale and healthy and entitled to work

upto the age of superannuation. Further, in the counter statement the II Party has stated that, I Party is happily working

elsewhere, since from the date of his termination and also earning salary. However, in the claim statement as well as in

evidence the I Party has specifically stated that, the I Party is facing financial hardship and mental agony, due to the

stoppage of his monthly earnings from the II Party Organisation, and even the I Party is not able to maintain himself

and his family with day to day, food and basic needs. The II Party has not established that the I Party is happily

working elsewhere from the date of his termination and also earning salary.

9.

Above all, it is already held by the Hon’ble High Court of Karnataka, in the above mentioned Writ Petition and

also in Writ Appeal that the present II Party cannot alter the Date of Birth of the workers based on the unreliable

medical reports, and in fact in Writ Petition No. 26101/2001 the Honourable High Court has clearly held as follows:-

“For no fault of the petitioners (workmen of II Party herein) they are driven to this Court by the capricious acts of

the respondents. Therefore, I impose a cost of Rs. 1,000/- on the respondents payable to each of the petitioners

within 4 weeks from today. The Writ Petitions are accordingly, allowed”.

In the Writ Appeal also, as per Ex W-2, it is clearly held “Merely on the opinion of the doctor, age cannot be

changed which is already entered in the service records.” For the above, mentioned reasons, it is found that, the I Party

is entitled to get relief as prayed for in the claim statement, on the factual reasons and also, legal grounds. Accordingly,

the following award is passed.

AWARD

The II Party is not justified in terminating the service/premature superannuating of the services of I

party/Puttaraju w.e.f 28.08.1998 and II Party is directed to reinstate the I Party with continuity of service, and with

payment of full back wages and other consequential benefits from the date of termination, namely, 28.08.1998 till

providing employment as per the service records maintained by the II Party and EPF authorities and award is passed

accordingly, without cost for the above mentioned peculiar facts and circumstances.

(Dictated, transcribed, corrected and signed by me on 31st January, 2017)

V. S. RAVI, Presiding Officer

List of Witness on the side of I Party :

MW1

Sh. L.S. Puttaraju, I Party

List of Witness on the side of II Party :

MW1

Sh. Somanna, Assistant Manager

Exhibited marked on behalf of the I Party :

Exibits

Date

Description of Document

Ex.-W1

29.03.2001

Writ Petition No. 5615/2001 (S-RES) order

Ex.-W2

12.06.2002

Writ Petition No. 3460/01 C/W W.A. No. 3450/01 (S) order

Ex.-W3

01.06.2006

W.P. No. 26101/01 order

Ex.-W4

22.08.2008

Letter relating to enhancing the superannuation age from 58 years to 60 years

Exhibited marked on behalf of the II Party :

Exibits

Date

Description of Document

Ex.-M1

-

Register of Employees.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

759

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vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;&1] /uckn ds iapkV (lanHkZ la[;k 36@2012) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks

07-02-2017 dks çkIr gqvk FkkA

¹la- ,y&43011@10@2011&vkbZvkj (,e)º

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New Delhi, the 9th February, 2017

S.O. 383.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government

hereby publishes the Award (Ref. No. 36/2012) of the Central Government Industrial Tribunal/Labour Court-1,

Dhanbad now as shown in the Annexure, in the industrial dispute between the employers in relation to the management

of M/s.. Bokara Steel Plant and their workman, which was received by the Central Government on 07.02.2017.

[No. L-43011/10/2011-IR (M)]

RAJESH KUMAR, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1, DHANBAD

In the matter of reference U/S 10 (1)(d) (2A) of I.D.Act, 1947

Reference No. 36/2012

Employers in relation to the management of M/s.. Bokaro Steel Plant

And

Their workman

Present : Shri R.K.Saran, Presiding Officer

Appearance :

For the Employers

:

Shri D. Mukherjee, Advocate

For the workman

:

Shri P.R. Rakshit, Advocate

Industry :- Steel

Dated : 25/01/2017

AWARD

By order No. L- 43011 /10/2011-IR (M) dated 21/ 05/2012, the Central Government in the Ministry of Labour

has in exercise of the power conferred by clause (d) of sub – section ( 1) and sub – section ( 2A) of section 10 of the

Industrial Disputes Act , 1947 referred the following dispute for adjudication to this Tribunal :

SCHEDULE

“Whether the action of the management of Bokaro steel Plant ,SAIL in terminating the services of Sri

Baghu Gorain on account of premature superannuation on 31/05/2008 is legal and justified? What relief

the workman is entitled to?”

2.

The case is received from Ministry of Labour on 30.05.2012. The workman files their written statement on

06.08.2012. But the management files their written statement on 09.01.2013. Thereafter rejoinder and documents filed

by the parties. One witness from each side has been examined. Documents of the management marked as M-1 to M-6

and documents of workman are also marked as W-1 to W-6 as well as one document also marked by court as C-1.

3.

The case of the workman is that Sri Baghu Gorain has been wrongfully terminated from the services of the

company by their order No. 23354/R dated 23/27.02.2008 when he has legal right to serve the company 28.02.11.

Therefore the termination of the concerned workman under the clock of premature retirement is illegal, improper and

unjustitied. The workman Sri Baghu Gorain hail from the lowest rung of the society and by being a displaced person

760 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

he was appointed by the company on 02.05.1968 in the traffic department of Bokaro Steel Plant. And he was

subsequntly confirmed in the service.

4.

It is also submitted by the workman that in the matter of Recording of age at the time of employment , the

company has its rule in the certified standing orders vide clause 8(3) of the LS.D and the concerned workman having

no educational qualification he declared his date of birth as on 14.02.1951 which was accepted by the company

conforming the provision of the certified standing order. Therefore the date of superannuation of the workman falls on

28.02.2011. The workman was also medically examined by the Board constituted by the management for assessment of

his age and the report of the medical Board relied with the age declared by the workman concerned. As such the

assessment of the Medical Board is being final.

5.

It is further submitted by the workman that such documents were tampered with by the management which was

against the benefit of the workman . However for the first time, from a notice dated 23/27.02.2008 issued by the

management , the workman could learn that he would be superannuated from the services w.e.f 31.05.2008.

6.

Thereafter the workman made an application against his so called postulated terminated but it was not replied to

and the workman was illegally un unjustly terminated w.e.f 31.05.2008 under the clock of retirement which is ex-facie

premature. Hence Industrial dispute arose.

7.

On the other hand the case of the management is that the concerned workman was appointed on 08.05.1968 and

at the time of appointment, the concerned workman declared his age as 20 years as on the date of joining on 08.05.1968

. He was also examined by the medical officer and declared his age 20 years on the date of appointment of the

concerned workman.

8.

It is also submitted by the management that he was also declared his date of Birth in persoal data form ,

Attestation form, Description Roll etc. as 08.05.1948 and all the document bear his signature as acceptance of his

declaration. In the application for Gratuity he was also declared his age as 08.05.1948 as well as nomination for P.F

under rule-7 he was also declared his age as 08.05.1948.hence he was legally superannuated from service w.e.f.

31.05.2008.

9.

It is further submitted by the management that during the tenure of service the concerned workman never raised

any dispute regarding his age and after superannuation the concerned workman received all retireal benefits as on this

score also the present dispute is not maintainable and he reised the dispute after the superannuation as such this

reference is not legally maintainable.

10.

The short point to be decided in the reference is whether the workman is prematurely retired in the year 2008 and

he should have been retireed in the year 2011.

11.

In this case both parties filed number of documents, adduce oral evidence. Admitted facts are the dispute was

raised after superannuation . But from the documents filed by the parties, many documents show the Date of Birth of

workman is 1951.

12.

But this tribunal scrutinised the earliest documents i.e appointment letter and declaration form and medical

examination report which is of years 1968. There it is mentined the age of workman is 20 years which is marked Ext.

M-2 In the attestation form at column -11, it is seen that the workman was working temporarily in south Eastern

Railway for 10.01.1964 to 10.12.1966 . The said document is of the year1968 signed by workman himself that means

at the age of 16 , the workman started working .If it will be calculated from 1951. that will be he started his service in

Rly at the age of 13 is not acceptable. Tha date of appointment is 1951 and joining of service in BSL is 1968 i.e only

17 years it is also not possible.

13.

Moreover admissions made in the earlier i.e ancient document has more probative value. Therefore the workman

has been rightly retired in the years 2008. It is also facts that during the period of service he did not raised objection

regarding Date of Birth. In this matter Hon’ble Supreme Court in catena of cases held , one of this is quoted below:-

“As per civil appeal No.2331 of 2004 SC, State of MP Vs. Prem lal Shrivas, page 279 in which—“Court

to be circumspect, cautions and careful while issuing direction for correction in date of Birth of a Govt.

servant- particularly at the fag end of his career or on the eve of his superannuation – Employee cannot

claim as a matter of right for correction in his date of birth even if has good evidence.”

14.

Considering the facts and circumstances of this case, I hold that the action of the management of Bokaro Steel

Plant, SAIL in terminating the services of Sri Baghu Gorain on account of premature superannuation on 31/05/2008 is

legal and justified. Hence he is not entitled to get any relief.

This is my award.

R. K. SARAN, Presiding Officer

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

761

ubZ fnYyh] 9 iQjojh] 2017

dk-vk- 384-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ

cksdkjks bLikr la;a=k ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;&1] /uckn ds iapkV (lanHkZ la[;k 38@2012) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks

07-02-2017 dks çkIr gqvk FkkA

¹la- ,y&29012@11@2012&vkbZvkj (,e)º

jkts'k dqekj] voj lfpo

New Delhi, the 9th February, 2017

S.O. 384.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 38/2012) of the Central Government Industrial Tribunal/Labour

Court-1, Dhanbad now as shown in the Annexure, in the industrial dispute between the employers in relation to the

management of M/s.. Bokara Steel Plant and their workman, which was received by the Central Government on

07.02.2017.

[No. L-29012/11/2012-IR (M)]

RAJESH KUMAR, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1, DHANBAD

In the matter of reference U/S 10 (1)(d) (2A) of I.D.Act, 1947

Reference No. 38/2012

Employers in relation to the management of M/s.. Bokaro Steel Plant

And

Their workman

Present : Shri R.K.Saran, Presiding Officer

Appearance :

For the Employers

:

Shri D. Mukherjee, Advocate

For the workman

:

Shri P.R. Rakshit, Advocate

Industry :- Steel

Dated : 27/01/2017

AWARD

By order No. L- 29012 /11/2012 /IR (M) dated 04/ 06/2012, the Central Government in the Ministry of Labour

has in exercise of the power conferred by clause (d) of sub–section ( 1) and sub–section ( 2A) of section 10 of the

Industrial Disputes Act , 1947 referred the following dispute for adjudication to this Tribunal :

SCHEDULE

“Whether the action of the management of Bokaro Steel Plant, SAIL in deducting penal rent

for occupation of Qr.No.VIIIA,-2255 w.e.f.Dec.1986 to October,1990 from the wages of Sri C.P.

Agarwal, Staff No.075855 is proper and justified? and whether the action of the management of

Bokaro Steel Plant SAIL in allegedly wrong fixing the scales of the said workman from

21.6.1979 till the date of VRS is proper and justified ? What relief the workman is entitled

to?”

2.

The case is received from Ministry of Labour on 11/24.07.2012. The workman files their written statement on

21.09.2012. But the management files their written statement on 18.01.2013. Thereafter rejoinder and document filed

by the parties. One witness from each side examined on their behalf. Documents of the management marked as M-1 to

M-6 and documents of workman marked as W-1to W-7.

3.

The case of the workman is that the workman concerned was appointed on 24.11.1970 and one residential Qr.

No. VIII-A 2255 D type allotted to him and he occupied and residing therein alongwith his family members. But the

762 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

management illegally started making deduction penal rent from the wages of workman @ Rs. 477/- per month w.e.f.

June 1986 without consent of workman or without any reason.

4.

The workman protested against the illegal action of the management in the matter of unlawful deduction but the

management have not stopped making deduction of panel rent from the wages of the workman concerned thereafter he

filed a case U/S 15 (2) and (3) before the state Labour Court B.S.City which was awarded in favour of workman and

directed the management to refund the amount deducted from the wages of the workman. He also filed another case

u/s 33A of the I.D.Act,1947 before the State Labour court, Bokaro, raising allegations of change of service

conditions by way of denial of promotion, supersession by juniors etc. which was numbered as Misc. Case

No.l0/1986. and Labour court, Bokaro rendered an award in favour of the workman, granting promotion

alongwith all consequential benefits.

5.

The management filed a writ numbered as CWJC No.1485 of 1991 before the Hon'ble Patna High Court,

Ranchi Bench and order passed in favour of the workman and directed the management to implement the Award

of Labour Court and the management implemented the said Award of Labour Court. Bokaro. promotions as

also making payment of the consequential benefits. But the management filed LPA against the order of the writ

court which set aside, the order of the single judge.

6.

Thereafter the workman filed Special Leave Petition before the Supreme Court against the order of the

Division Bench of the Hon'ble High Court which was disposed of by the Supreme Court by an order that the

position of Shri C.P.Agarwal should not be disturbed, as the management had already implemented the Award of

the Labour colurt, Bokaro.

7.

It is further submitted by the workman that management made deduction of penal rent from the wages of

the workman alleging his unauthorized occupation of the above quarter for the period from June 1986 to

1990 to an amount of Rs.2385/-.

8.

The concerned workman filed claim application before the Presiding Officer, Labour Court, Bokaro

under the provisions of the Payment of Wages Act, 1936 which was numbered as P.W. Case No.22/1986.

And the Labour Court passed an order dated 21.12.1988 deciding all the issues raised by the management in

the above case in favour of the applicant but the management did not make payment of the amount of

penal rent for the period in question but preferred an Appeal against the said order of the Labour Court,

Bokaro which was numbered as Misc.Appeal No.65/1989 but the said Appeal was also dismissed by the

Additional District Judge, Bokaro by order dated 13.04.2000.

9.

It is further submitted by the workman that the management continued deducting panel rent w.e.f June 1986

to Oct. 1990 and the concerned workman's pay scale was also allegedly wrongfully fixed by the management

from 21.06.1979 by office order dated 17/18.2.1992 and it is continued till the date of his retirement i.e his

VRS which was also challenged by the workman but it was disputed by workman, hence industrial dispute

arise.

10.

On the other hand, the case of the management that the concerned workman is holding managerial post and as

such he is not a workman,. He was initially appointed as construction supervisor w.e.f 24.11. 1970.

11.

It also submitted by the management that Labour Court Bokaro passed and order in Misc. case 10/86 wherein the

management is directed to promote Sri C.P.Agarwal to the post of Construction Supervisor Grad-1 w.e.f. 06.06.1977,

Addl. Divisional Engineer w.e.f 21.06.1979, Divisional Engineer w.e.f. 17.02.1983 and Zonal Engineer w.e.f

30.06.1987.

12.

Thereafter the management challenged the award before the Hon’ble High Court numbered as CWJC 1485/91

but during the pendency of the writ petition, the management fully implemented the award of Labour Court, Bokaro

and gave all benefits including promotion and differential wages. The Hon’ble High Court quashed the award of

Labour Court, thereafter he filed civil appeal No. 11547 and 11573 of 1995 before the Hon’ble Supreme Court. The

Apex Court taking into consideration of promotion during the pendency of writ petition, directed not to revert

workman to the lower post. Hence he received wages and other benefits more than he was entitled but still then he

filed the present case being emboldened by previous facts.

13.

In M.J Case No. 5/89 the claim of the applicant for refund of panel rent deducted by the management from Dec.

1986 to April 1989 which was dismissed then a writ petition filed before the Hon’ble High Court against the order of

Labour Court being WP (L) No. 281/2003 which was also dismissed by the Hon’ble High Court by order dated

06.11.2007.

14.

It is further submitted by the management that Sri C.P.Agarwal taking V.R.S as per management’s scheme

accepted all the benefits under V.R.S Scheme and as such he has no claim and he raised the dispute after acceptance of

all the benefits. He illegally occupied the quarters hence the management deducted panel rent which is legal and

proper. His wage was never wrongly fixed from 21.06.79 till the date of VRS thus his wages was fixed as per rule of

the company by implementing the order dated 17.02.1992 of Labour Court, Bokaro. He has received more wages than

he is entitled.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

763

15.

There are two point to be decided in this case that whether the deducting the penal rent from Dec. 86 to Oct.1990

and wrong fixing wages from 21.06.79 till the date of VRS is proper or not.

16.

The management examined one witness namely Ranodeep Banerjee , DGM personal of Bokaro Steel says in his

cross examination which is quoted below:-

Xxxx

The concerned workman joined in BSL as construction supervisor in the year 1977. The minimum

qualification of the said post is Diploma Engineer. It is a technical post and in that time promotion is given .

Post of Zonal Engineer is also a technical post. I am now in E-6 Grade. I have no power of appoint a

workman or to dismiss him. There was a PW case of 22 of 1986 filed by C.P.Agrawal before the Labour

Court Bokaro, and that case related to refund of penal rent deducted by BSL . The claim was allowed.

Management filed appeal against that and lost. C.P.Agrawal did not have any power to appoint and dismiss

any person. Except delegation of power, I have not filed any other document, regarding power to be exercise

by official . It is not a fact that the power of delegation is prepared for this case as that has not born any

signature etc. For delegation of powers, the Board of Direction approval is required. I can file papers that

Board delegates power to MD and MD can delegate power to his other subordinates.

Xxxx

17.

The management is objecting on maintainability of reference but this Tribunal ordered that “ it is felt proper to

hear the preliminary point and the main case together” by order dated 07.08.2013 thereafter this reference is

challenged by the management bearing WP(L) No. 3652 of 2013 “seeking quashing of reference order dated

04.06.2012 under section of 10 (1)(d) and 2A of I.D Act, the present writ petition has been filed . A further prayer

seeking a declaration that the reference order dated 04.06.2012 made by the Central Government is not maintainable as

the dispute referred therein is not an industrial dispute within the industrial Dispute Act 1947 has been made.”

18.

The Hon’ble High Court passed order in writ petition WP(L) No. 3652 of 2013 , the few lines of operative

portion is quoted below :-

xxxxx

“The petitioner has already filed written statement before the Industrial Tribunal and it has also preferred as

application raising preliminary objection as to maintainability of the reference . An objection has been raised

in the written statement that the respondent is not a “workman” under section 2 (s) of Industrial dispute Act

1947 and therefore, the reference is not maintainable. In the written statement a plea has been taken that the

scale of the respondent- workman was not wrongly fixed rather it was fixed in terms of office order dated

17.02.1992. It is thus apparent that a dispute has arisen between the parties. In the written statement the

petitioner-SAIL has not taken the plea as to a stale claim being referred by the Central Government vide

reference order dated 04.06.2012. It has also not been averred in the written statement that the petitioner has

raised the Industrial dispute so belatedly that his right has extinguished and no industrial dispute remains.

Only because the promotion granted vide Award dated 17.01.1991 have been held unsustainable. It cannot be

said that the claim for grant of proper pay –scale also stood denied by the Hon’ble Supreme Court and thus,

there existed not industrial dispute when the reference was made. In the above facts, I hold that the claim of

the respondent/ workman is not stale.

In view of the above discussion, I find no merit in the writ petition and accordingly, it is dismissed”

19.

As per cross examination of MW-1, There was a PW case of 22 of 1986 filed by C.P.Agrawal before the Labour

Court Bokaro, and that case related to refund of penal rent deducted by BSL.. The claim was allowed. Management

filed appeal against that and lost. It is also accepted by the management witness that . C.P.Agarwal did not have any

power to appoint and dismiss any person Except delegation of power, I have not filed any other document , regarding

power to be exercised by official.

20.

The issue of penal rent has already be decided and confirmed by appellate Authority marked as Ext. W-2. It is

not res-integra now in this reference case . That apart the management implemented the said order and refunded the

deduction for the earlier period of different spell at the rate of Rs. 477/- p.m. toward panel rent in respect of above

quarter. This Tribunal in absence any fresh evidence and documents can not hold otherwise. That apart, the

management company has not denied deduction of panel rent for the said period.

21.

It is a settled position in law that under sec. 10/11A of the I.D Act 1947, the Tribunal being fact finding Court has

wide power. The power of U/s. 10/11A of the I.D Act 1947 is very much wider than U/s. 33 C(2) of the I.D Act. This

Tribunal has larger scope to decide this issue of wrongful deduction of penal rent for the period from Dec. 86 to Oct.

1990 as unauthorized deduction in view of the fact already found by the learned Labour Court Bokaro in PW case

No.22/86. Moreover this Tribunal has to answer the reference referred by the appropriate Government.

764 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

22.

Therefore the action of the management in deducting panel rent for occupation of Qr. No. VIII A 2255 w.e.f.

Dec 1986 to Oct. 1990 from the wages of Sri Agrawal is improper & unjustified. Obviously, Shri Agarwal is entitled

to get refund of the amount as detailed in Annexure –E attached to the Written statement of the workman, specially

when the management witness has not specifically proved what violation was caused.

23.

The second issue of wrong fixation is that the office order dated 17/18 .02.1992 marked as W-5 and which is

also marked as M-4 as management document. On the simple look as on 01.09.1978, pay of Sri Agarwal on promotion

was fixed at Rs. 881 (Revised) but surprisingly on 21.06.1979 it was reduced to Rs. 850/- on promotion in E-1 grade

which aught to have been Rs. 950 on promotion to E-1 grade in the scale of Rs. 800-1400/-

24.

Perusing the all material, Moreover the management in writ challenged the reference in Jharkhand High Court

and writ was dismissed . Hence the Tribunal has power to decide the reference. The said judgment is also filed before

this Tribunal The gist of the judgment is as the workman can not be prevent from raising in dispute to wrong fixation of

his scale can not be said to be a stale claim and he is not workman has already been decided by Hon’ble High

Court.and now it is clear that industrial dispute exists. Moreover the order of hon’ble High Court has not been

challenged in any forum and became final. The management all though as even now has not brought on record the

order of Hon’ble Court to the Tribunal which is also unfair labour practice.

25.

The legal philosophy is that parties must come before the court of law with clean hands. Therefore both the point

of reference answered in favour of the workman.

26.

Considering the facts and circumstances of this case, I hold that the action of the management of Bokaro

Steel Plant, SAIL in deducting penal rent for occupation of Qr.No.VIIIA,-2255 w.e.f. Dec.1986 to

October,1990 from the wages of Sri C.P. Agarwal, Staff No.075855 is not proper and justified and the action of

the management of Bokaro Steel Plant SAIL in wrong fixing the scales of the said workman from

21.6.1979 till the date of VRS is also not proper and justified. Hence he is entitled refund the penal rent and

refixation wage w.e.f from 21.06.79 and that be paid him forthwith after publication of the award in the gazzatte.

This is my Award.

R. K. SARAN, Presiding Officer

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dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;&1] ubZ fnYyh ds iapkV (lanHkZ la[;k 34@2014) dks çdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 09-02-2017 dks çkIr gqvk FkkA

¹la- ,y&30012@33@2013&vkbZvkj (,e)º

jkts'k dqekj] voj lfpo

New Delhi, the 9th February, 2017

S.O. 385.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 34/2014) of the Central Government Industrial Tribunal/Labour

Court-1, New Delhi now as shown in the Annexure, in the industrial dispute between the employers in relation to the

management of M/s.. Indian Oil Corporation Ltd. and their workman, which was received by the Central Government

on 09.02.2017.

[No. L-30012/33/2013-IR (M)]

RAJESH KUMAR, Under Secy.

ANNEXURE

IN THE COURT OF SHRI AVTAR CHAND DOGRA, PRESIDING OFFICER, CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT NO.1, KARKARDOOMA COURT COMPLEX, DELHI

ID No. 34/2014

Shrei Vikram Singh S/o Shri Surak Mal

Village and PO Sekhpura Khalsa,

District Karnal,

Haryana

…Workman

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

765

Versus

The Senior Plant Manager,

Indian Oil Corporation Ltd.(NR)

Indane Bottling Plant, Kohand-Assandh Road,

Village & Post Gudham, Karnal,

Haryana 132 114

…Management

AWARD

Central Government, vide letter No.L-30012/33/2013-IR(M) dated 18.02.2014, referred the following industrial

dispute to this Tribunal for adjudication:

“Whether the contract awarded by the management of Senior Plant Manager, Indian Oil Corporation Ltd.

(NR), Indane Bottling Plant, Kohand-Assandh Road, Village & Post Gudham, Karnal - 132 114 (Haryana) is a

sham contract and contractor M/s. D.S. Goyal and M/s. Ramphal & Company are a camouflage? If yes,

whether the demand of the workman, Shri Vikram Singh S/o Shri Suraj Kal, ex-Houlaghe workman in

termination of his services with effect from 26.09.1995 by the above management was just, fair and legal ? IF

not, to what relief the workman is entitled to and from which date?

2.

In the reference order, the appropriate Government commanded the party/ies raising the dispute to file statement

of claim, complete with relevant documents, list of reliance and witnesses with this Tribunal within 15 days of receipt

of the reference order and to forward a copy of such statement of claim to the opposite parties involved in the dispute.

3.

Shri Vikram Singh filed an application on 27.02.2015 pleading that an application has been filed with the

appropriate Government on 21.02.2015 for transfer of the case to Chandigarh, where as 29 identical/connected disputes

are pending at CGIT, Chandigarh. However, thereafter on the last three dates of hearing neither the workman nor any

authorized representative on his behalf appeared before this Tribunal, clearly indicating that he is not interested in

adjudication of the reference on merits.

4.

Since the workman has neither put in his appearance nor has he led any evidence so as to prove his cause against

the management, as such, this Tribunal is left with no choice, except to pass a ‘No Dispute/Claim’ award. Let this

award be sent to the appropriate Government, as required under Section 17 of the Industrial Disputes Act, 1947, for

publication.

Dated : February 6, 2017

A. C. DOGRA, Presiding Officer

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¹la- ,y&17012@13@2011&vkbZvkj (,e)º

jkts'k dqekj] voj lfpo

New Delhi, the 9th February, 2017

S.O. 386.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 15/2012) of the Central Government Industrial Tribunal/Labour

Court, Ernakulam now as shown in the Annexure, in the industrial dispute between the employers in relation to the

management of M/s.. Aviva Life Insurance Co. India Ltd. and their workman, which was received by the Central

Government on 09.02.2017.

[No. L-17012/13/2011-IR (M)]

RAJESH KUMAR, Under Secy.

766 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

ANNEXURE

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

ERNAKULAM

Present: Shri. K. Sasidharan, B. Sc., LLB, Presiding Officer

(Friday the 06th day of January, 2017/16th Pausha, 1938)

ID No. 15/2012

Workman/Person

:

Shri. Jerin. T. Jose,

Thalachel House,

Kumaranalloor Post,

Kottayam,

Kerala – 686016.

By Adv. Shri C. Anil Kumar

Managements

:

1. The CEO and Managing Director,

M/s. Aviva Life Insurance Company India Ltd.,

Aviva Tower, Section Road,

Opp. Golf Course, DLF Phase-V,

Section 43,

Gurgaon – 122003 (Haryana).

2. The Regional Manager(HR),

M/s. Aviva Life Insurance Co. India Ltd.,

Aashirwad Towers, 3rd Floor, Plot No.2,

Old No.182, Kodambakkam High Road,

Nungambakkam,

Chennai – 600034.

By Adv. Shri. Saji Isaac. K. J. (for Managements 1 & 2)

This case coming up for final hearing on 26.12.2016 and this Tribunal-cum-Labour Court on 06.01.2017 passed

the following:

AWARD

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

Industrial Disputes Act, 1947 (Act 14 of 1947) the Central Government referred the following dispute before this

Tribunal for adjudication.

2.

The dispute referred for adjudication before this Tribunal is:

“Whether the action of the management of M/s. Aviva Life Insurance Company India Limited in

terminating the services of Shri Jerin T. Jose in accordance with law w.e.f.27/1/2010 is legal and

justified? What relief the workman is entitled to?”

3.

After the receipt of reference Order No.L-17012/13/2011-IR(M) dated 14.02.2012, issued by the Ministry of

Labour, Government of India, summons was issued to the parties to appear, submit pleadings and produce documents

to substantiate their respective contentions. On receipt of the summons the parties entered appearance through counsel

and submitted their pleadings.

4.

The averments in the claim statement filed by the union in brief are as follows:

The workman was employed as Sales Manager (DSF) in Kottayam branch of the management company from

25.07.2008 to 27.01.2010. The management terminated the services of the workman on 27.01.2010 without any valid

reason other than ‘non-performance’ in terms of the volume of business. The management failed to consider the fact

that the workman was not in a position to discharge his duties as that of a normal employee for a period of six months

from and out of the twelve months period of evaluation. No opportunity was afforded to the workman to explain the

factual state of affairs before terminating him from service. In spite of the repeated e-mails and letters issued by the

workman, the management failed to consider his request for reinstatement. Before the conciliation officer also the

management took an adamant stand that they are not ready for settling the dispute.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

767

5.

The only reason for terminating the workman by the management is improper performance evaluation. Apart

from the workman several other employees were also forced to resign/terminate from the service of the management.

The workman is the sole bread winner of his family. He has to look after his aged parents. The reason for termination

of service from the management is neither legal nor just. Therefore the workman has requested to set aside the

termination order, to reinstate him in service with continuity of service and all other benefits and to pay costs of the

proceedings and compensation to him.

6.

The averments in the written statement filed by the management in brief are as follows:

The management has denied all the averments in the claim statement submitted by the workman except those that

are specifically admitted. The person involved in this reference is not a ‘workman’ as defined under the Industrial

Disputes Act. As per letter dated 18.07.2008 the claimant was employed under the management in the position of sales

manager. He was employed in the managerial/administrative and supervisory capacity. He is responsible for achieving

and exceeding the sales targets and to manage the financial planning advisers reporting to him. He was drawing an

annual salary of `3,50,000/-. Since the claimant was performing the duties of managerial nature and drawing the salary

exceeding the limit under Section 2(s) of the Industrial Disputes Act, he will not come under the purview of ‘workman’

as defined under the Act. The management has requested to consider this aspect as a preliminary point.

7.

Without prejudice to the contentions raised above the management has stated that the letter of appointment dated

18.07.2008 issued to the claimant contains the terms and conditions and the nature of job he has to perform under the

management. The claimant accepted the terms and conditions of appointment and acknowledged the same on

21.07.2008. As per clause 14 of letter of appointment the management is at liberty to terminate the appointment by

giving two months’ notice in writing or paying the total fixed cost amount in lieu thereof without assigning any reason.

As per this clause the management has got the right to terminate the appointment without any reason.

8.

A performance enhancement programme letter dated 28.10.2009 was issued to the claimant. The contention of

the claimant that the management failed to consider his request and reappreciate the matter on the basis of his

submission is absolutely false. The allegations levelled against the management are absolutely false. The claimant has

no right to obtain reinstatement in the management company. He is also not entitled to the relief claimed. The

management has requested to dismiss the claim by the claimant.

9.

After filing written statement by the management the workman filed rejoinder reiterating the contentions in the

claim statement.

10.

After providing sufficient opportunity to the parties to take steps and for production of documents, the matter was

posted for evidence. The workman tendered evidence as WW1 and Exts.W1 to W7 are the documents marked on his

behalf. The management has not adduced any oral evidence nor produced documents. Heard both sides.

11.

The points arising for consideration are:

“(i)

Whether the person involved in this reference Shri. Jerin. T. Jose will come under the purview of

‘workman’ as defined under Section 2(s) of the Industrial Disputes Act, 1947?

(ii)

Whether the claim put forward by the person involved in this reference Shri. Jerin. T. Jose is

maintainable before this Tribunal?

(iii)

Whether the action of the management of Aviva Life Insurance Company India Ltd. in

terminating the services of Shri. Jerin T. Jose is just, legal and proper?

(iv)

What relief the workman is entitled?”

12.

Point Nos.(i) & (ii):- The dispute referred for adjudication is:

“Whether the action of the management of M/s. Aviva Life Insurance Company India Limited in

terminating the services of Shri Jerin T. Jose in accordance with law w.e.f.27/1/2010 is legal and

justified? What relief the workman is entitled to?”

The person involved in this reference Shri. Jerin. T. Jose was employed under the management from 25.07.2008

to 27.01.2010. The management terminated his services on 27.01.2010. According to Shri. Jerin. T. Jose, the

termination of his services by the management is illegal, unjust and improper. He has stated that the management

failed to appreciate the matter in issue in the correct perspective. It is stated that Shri. Jerin. T. Jose was employed as

sales manager (DSF) in the Kottayam branch of the management company. He challenged the termination order

initially before the conciliation officer and later the Ministry referred the matter for adjudication before this Tribunal.

The management has contended that the person involved in this reference namely, Shri. Jerin. T. Jose was employed as

sales manager in accordance with the terms and conditions in the letter dated 18.07.2008 issued by them. According to

768 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

the management the person involved in this reference was employed in the managerial/administrative and supervisory

capacity and he was responsible for achieving and exceeding the sales targets. It is stated that the person involved in

this reference Shri. Jerin. T. Jose was drawing an annual salary of `3,50,000/- and as such he will not come under the

purview of ‘workman’ as defined under Section 2(s) of the Industrial Disputes Act.

13.

The learned counsel for the management has requested to consider this aspect as a preliminary point. While

examined as WW1 the workman has stated that he was appointed as sales manager by the management company and

his annual salary was ` 3,50,000/-. Apart from the salary aforesaid, he used to get sales incentive also. WW1 has

admitted that as per Ext.W1 appointment order the financial planning advisers will have to report before him and he

will have to clear the queries put forward by them. He has denied the suggestion that this Tribunal has no jurisdiction

to entertain the dispute.

14.

Admittedly the annual salary of Shri. Jerin. T. Jose was ` 3,50,000/-. Apart from this, he used to get sales

incentives also. Ext.W1 is the appointment order dated 18.07.2008 issued by the management to Shri. Jerin. T. Jose.

Ext.W1 document reveals that Shri. Jerin. T. Jose was employed as sales manager under specified terms and conditions.

The nature of duty to be performed by Shri. Jerin. T. Jose as sales manager is specified in Ext.W1 document. Ext.W3

document reveals that w.e.f.01.04.2009 the salary of Shri. Jerin. T. Jose was enhanced to ` 3,74,500/- per annum. On

going through Ext.W1 document it can be seen that Shri. Jerin. T. Jose, was employed as a sales manager under the

management and he was responsible for managing the financial planning advisers reporting before him. The nature of

duty to be performed by Shri. Jerin. T. Jose as per Ext.W1 document is not that of a ‘workman’ as defined under

Section 2(s) of the Industrial Disputes Act.

15.

The learned counsel for the management referred to the Ruling reported in 1994 (5) SCC 737 H. R. Adyanthaya

Vs. Sandoz (India) Limited & Ors. wherein the Hon’ble Supreme Court has held that:

“Medical representatives do not perform duties of skilled and technical nature and, therefore they are not

workmen.”

In the Ruling reported in AIR 2015 SC 2275 – Chauharya Tripathi & Ors. Vs. LIC of India &Ors. wherein the Hon’ble

Supreme Court has held that:

“the Development Officers working in the LIC are not workman as defined under Section 2(s) of the Industrial

Disputes Act.”

16.

In view of the dictum laid down in the decisions referred above it is evident that the person involved in this

reference Shri. Jerin. T. Jose will not come under the purview of ‘workman’ as defined under Section 2(s) of the

Industrial Disputes Act. It follows that this Tribunal has no jurisdiction to adjudicate this dispute. Hence the points for

consideration are answered against the workman and in favour of the management.

17.

Point Nos.(iii) & (iv):-

Shri. Jerin. T. Jose, the person involved in this reference has challenged the Ext.W5

termination order. As per Ext.W5 order the management offered notice pay for two months in lieu of notice as

stipulated in Ext.W1 appointment order. While answering Point Nos.(i) and (ii) it is held that the person involved this

reference namely Shri. Jerin. T. Jose will not come under the purview of ‘workman’ as defined under Section 2(s) of

the Industrial Disputes Act, 1947. In such circumstance this Tribunal has no jurisdiction to entertain the dispute

involved this reference. It follows that the person involved in this reference – Shri. Jerin. T. Jose is not entitled to the

relief claimed as per the claim statement. The points are answered accordingly.

18.

In the result an award is passed holding that this Tribunal has no jurisdiction to adjudicate the matter in issue for

the reason that the person involved in this reference namely Shri. Jerin. T. Jose will not come under the purview of

“workman” as defined under Section 2(s) of the Industrial Disputes Act, 1947. It follows that Shri. Jerin. T. Jose is not

entitled to the relief claimed.

The award will come into force one month after its publication in the Official Gazette.

Dictated to the Personal Assistant, transcribed and typed by her, corrected and passed by me on this the 06th day

of January, 2017.

SASIDHARAN K., Presiding Officer

APPENDIX

Witness for the workman

WW1

07.12.2016

Shri. Jerin. T. Jose

Witness for the managements

NIL

¹Hkkx IIµ[k.M 3(ii)º

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769

Exhibits for the workman

W1

-

Offer of appointment letter dated 18.07.2008 issued by the Head Sales HR, Aviva Life Insurance

Company India Pvt. Ltd., Chicago Plaza, Rajaji Road, Cochin, Kerala to the person involved in this

reference.

W2

-

Performance report and targets to be done by 04.04.2009 issued by the Head-DSF, South 3, Aviva

Life Insurance Company India Pvt. Ltd., Chicago Plaza, Rajaji Road, Cochin, Kerala to the person

involved in this reference.

W3

-

Letter dated 30.03.2009 issued by the Associate Director-Human Resources, Aviva Life Insurance

Company India Ltd., Aviva Tower, Sector Road, DLF-Phase V, Sector 43, Gurgaon, Haryana to the

person involved in this reference.

W4

-

Letter dated 28.10.2009 regarding performance enhancement programme issued by the Head – HR

Operations, Aviva Life Insurance Company India Ltd., Aviva Tower, Sector Road, DLF-Phase V,

Sector 43, Gurgaon, Haryana to the person involved in this reference.

W5

-

Termination letter dated 28.01.2010 issued by the Associate Director - Human Resources, Aviva

Tower, Sector Road, DLF-Phase V, Sector 43, Gurgaon, Haryana to the person involved in this

reference.

W6

-

Letter dated 17.02.2010 issued by the Head - HR Operations, Aviva Life Insurance Company India

Ltd., Aviva Tower, Sector Road, DLF-Phase V, Sector 43, Gurgaon, Haryana to the person involved

in this reference.

W7

-

Letter dated 26.05.2010 issued by the Authorized Signatory, Aviva Life Insurance Company India

Ltd., Aviva Tower, Sector Road, DLF-Phase V, Sector 43, Gurgaon, Haryana to the person involved

in this reference.

Exhibits for the managements

NIL

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New Delhi, the 14th February, 2017

S.O. 387.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 28/2012) of the Central Government Industrial Tribunal-cum-

Labour Court, Jaipur as shown in the Annexure, in the industrial dispute between the management of North West

Railway and their workmen, received by the Central Government on 14.02.2017.

[No. L-41012/62/2011-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JAIPUR

BHARAT PANDEY, Presiding Officer

I.D. 28/2012

Reference No. L-41012/62/2011-IR(B-I) dated: 30.1.2012

Shri Manoj Sharma

S/o Shri Vinod Sharma

C/o 1-B-82, Kudi Housing Board,

Jodhpur.

770 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

V/s

1.

Sr. Divisional Commercial Manager

North West Railway

Jodhpur.

2.

Ms. Gulabrai and Company

Railway cattering contractor

Office Flat No.11, Akashdeep

Apartment,Teesri D road,

Sardarpura, Jodhpur.

Present :

For the Applicant

:

Sh. Kunal Rawat, Adv.

For the Non-applicant Railway

:

Sh. L.P.Singhal, Adv.

For non-applicant Ms.Gulabrai & Company

:

Ex-parte/ Sh. K.K.Paliwal, Manager

AWARD

27.5.2016

1.

The Central Government in exercise of the powers conferred under clause (d) of Sub Section 1 & 2(A) of Section

10 of the Industrial Disputes Act 1947 has referred the following Industrial dispute to this tribunal for adjudication:-

“Whether the action of the management of sr. Divisional commercial Manager/ Ms. Gulabrai and

company, Jodhpur in terminating the services of Shri Manoj Sharma S/o shri vinod Sharma w.e.f.

08.01.2011 is legal and justified? To what relief the workman is entitled?”

2.

Briefly fact of the case is that applicant workman was employed under respondent No.2 M/s. Gulab Rai & Co. on

4.6.1993 & started working since then. The main business of employer contractor was ‘ Train Side vending’ & running

the railway refreshment room at Jodhpur Railway Station. The work of the applicant was to maintain cleanliness &

serve meal at refreshment room to the passengers of the train. He was engaged with train side vending also. According

to contention of applicant at the time of filing of statement of claim respondent No.2 was on contract with North

Western Railway, hence, provision of Industrial Dispute Act are applicable to the respondent. Further it has been

alleged that applicant worked from 4.6.1993 to 7.1.2011 with the respondents & he was terminated from the service of

the respondent on 8.1.2011. His complaint against the termination before the Assistant Labour Commissioner and

Conciliation Officer (Central), Ajmer failed to secure his reinstatement which resulted into above reference for

adjudication.

3.

Further it has been alleged by applicant workman in para 6(a) that there was complete control & supervision of

respondent employer over the work of the workman & the applicant was working according to orders & directions of

the respondent officers. He was working for eight hours daily & paid on monthly basis. The nature of his work was of

continuing nature & facility of ESI & PF was available to him from the respondent. Applicant has worked for more

than 240 days with respondent prior to his removal from service. Applicant has further said that his removal from

service by respondent is in violation of section 25-F , 25-G , 25-H of Industrial Disputes Act, 1947 & Rule 77 & 78 of

The Industrial Disputes (Central ) Rules, 1957.

4.

In para 6 of statement of claim applicant has alleged that neither any notice or pay in lieu of notice was given to

him nor any seniority list was prepared. The nature of work performed by him was of permanent character &

respondent still needs the workmen to perform the work which was carried out by the applicant. Applicant has been

victim of unfair labour practice & to escape from the regularisation of the services of applicant respondent has

terminated him from service without conducting any domestic enquiry. Services of the applicant has been terminated in

violation of Article 39-D & 21 of Indian Constitution. Applicant has prayed to declare the order of termination dated

8.1.2011 as void & illegal & order the reinstatement of the applicant with back wages & continuity in service.

5.

In para wise reply to statement of claim by Respondent No.1, Divisional Commercial Manager, NWR, Jodhpur,

statements in para 1,3,4, of statement of claim have been denied. Against para 2 it has been alleged that it requires no

answer & against para 5 it has been alleged that there is no dispute about the term of reference referred by Central

Government for adjudication. Further it has been alleged that respondent No.2 M/s. Gulab Rai & Co. was licensee of

the railway administration on contract. Respondent No.2 was permitted to do only ‘Train side Vending’ till 15.10.2011

under the order of NWR Headquarter, Jaipur, hence except above contention respondent No.2 is answerable to

remaining allegations of para 1 of the statement of claim. Respondent No.1 has specifically denied that applicant

workman has worked under respondent No.1 from 4.6.93 to 7.1.2011 & has alleged that applicant has never worked

¹Hkkx IIµ[k.M 3(ii)º

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771

under the employment of respondent No.1 & respondent No.1 never removed him from the work on 8.1.2011 because

respondent No.1 neither appointed him nor engaged him for any work.

6.

Against reply to para 6 of statement of claim it has been alleged that question of compliance of section 25-F of

I.D.Act by respondent No.1 does not arise. In reply to para 6 (A) to 6(O) of the statement of claim it has been alleged

that they are not concerned with respondent No.1 & concerned with respondent No.2 only. Against para 6(P) of

statement of claim it has been alleged that removal of applicant from service has been done by respondent No.2 for

which respondent No.1 is not answerable. At last, it has been prayed that claim of the applicant be dismissed with

heavy cost against respondent No.1.

7.

Apart from above para wise reply to statement of claim two preliminary objections have been raised by

respondent No.1 that respondent No.1 is not the employer of the applicant & the applicant is not the workman of the

respondent No.1 & respondent No. 1 has not issued any appointment letter to the applicant. Respondent No.1 has been

wrongly impleaded in the case & case is bad for misjoinder of unnecessary party & petition of the applicant is

accordingly liable to be rejected. In preliminary objection No.2 it has been alleged that respondent No.1 has been

impleaded as party only to invoke the jurisdiction of the tribunal & applicant has no concern with respondent No.1,

hence, application is liable to be dismissed on the ground of jurisdiction.

8.

In reply to statement of claim by respondent No.2 para 2 & 3 of statement of claim have been specifically denied

& para 5 have been partially admitted. Against para 6 it has been alleged that para 6(A) to 6(Q) are not applicable to

respondent No.2. Against para 1 it has been specifically denied that applicant is working since 4.6.1993. Further it has

been alleged that existence of M/s. Gulab Rai & Co. is based on contract of the railway. The business of the company is

to supply meals & eatables to the passengers in the train & refreshment room at the station at the rate fixed by railway

in which no permanent employments are made because work of the respondent No.1 is not a regular business in any

manner. The business of the company is based only on the contract of the railway which are given time to time & in

this contract sometimes number of trains are increased or decreased in relation to which railway charges the fee on

monthly, third monthly or six monthly basis. Owing to above situation respondent No.2 is not capable of regularising

the business according to his choice. The work of the respondent No.2 is to run the business according to contract of

the rail department. Accordingly, based on the work of contract respondent No.2 engages the workman & when there is

no contract there remains no business with the respondent No.2. In above circumstances, regular workmen are not

engaged & therefore, workmen are engaged sometimes on daily & sometimes on monthly basis or on commission

basis, hence, provision of Industrial Disputes Act does not apply to the business of the respondent.

9.

In para 2 of statement of claim applicant has claimed to have been working with due dedication & there has been

no occasion to opposite party to make any complaint against his working. Specifically denying the above allegation

opposite party No.2 M/s. Gulab Rai & Co. has said that on many occasion during surprise check it has been found that

the applicant has been collecting more amount than the prescribed rate & Rule of the Railway & for that there have

been oral complaints & applicant has been warned on those occasions. Applicant despite direction of the respondent

No.2 has been habitually bringing from outside market eatables & vending them in the train for which respondent No.2

has paid penalty beside facing embarrassment. It has been further alleged that he has been habitually absenting himself

without prior information.

10.

Against para 3 of statement of claim it has been alleged that applicant had not been appointed permanently on

4.6.93 or anytime thereafter & has not worked continuously till 7.1.2011. Further it has been alleged that the contract of

the respondent No.2 has not been existing continuously from 4.6.93 to 7.1.2011, hence, there was no continuous work,

accordingly contention of the applicant is wrong that he had worked continuously. Further it has been alleged that

applicant was never appointed on regular basis. Based on the quantum of the work of contract & number of trains work

was taken on daily, monthly & on many occasion commission basis. Applicant too has been absenting from the work

without prior information for long time & has been working according to his choice on different places in the city,

hence, allegation of removal of the applicant from the work & termination of his services by respondent No.2 is

wrong.

11.

It has been further alleged that after being fully aware with the situation, with motive of lowering the prestige &

image of the respondent No.2, applicant called the correspondent of D.B.Star & published misleading & false

allegations against the company which is against the interest of the company. The above act of the applicant against the

interest of the company shows lack of dedication of the applicant towards the company. On many occasions there were

complaints by railway against the applicant during checking operation when applicant has been found engaged in

earning illegal money by vending in wrong manner & collecting more money from the passengers than the prescribed

rates for the articles.

12.

Against para 5 of statement of claim it has been alleged that notice dated 5.4.2011 was sent to the applicant by

respondent No.2 which was received by applicant but neither he appeared nor answered the notice. Despite that

applicant complained before the Assistant Labour Commissioner (Central) & Conciliation Officer, Ajmer & during

772 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

conciliation proceedings applicant clearly denied to work according to rules of the company & Railway & requested to

send failure report to Central Government. Against para 6 of statement of claim it has been alleged that according to

reply of the respondent No.2 about para 1 to 5 of the claim termination of the applicant is not illegal. About para 6(A)

to 6(Q) respondent No.2 has alleged that they do not apply to the respondent & has prayed to dismiss the claim of the

applicant.

13.

In rejoinder, applicant has denied the statements of reply submitted by respondent No.1. In rejoinder against the

reply to respondent No.2 also applicant has denied the contention of respondent No.2 .

14.

In support of statement of claim as documentary evidence applicant has filed document w-1 to w-9 along with

index which are photocopy of identity card, character certificate & medical certificate relating to different period.

Beside these documents applicant has filed his affidavit in evidence & has been cross examined by respondent No.1

DCM, NWR, Jodhpur.

15.

Respondent No.1 at the time of argument has filed eight pages of documentary evidence in form of photocopy

relating to handing over the possession of the Refreshment Room at Jodhpur Railway Station & photocopy of

judgement dated 15.12.2014 in D.B.Civil Special Appeal (W) No. 1683/2014, 1694/2014 & 1701/2014 of Hon’ble

Rajasthan High Court, Jodhpur. No oral evidence has been adduced by respondent No.1.

16.

As documentary evidence, respondent No.2 has filed documents totalling 23 pages on 30.1.2014. The case has

proceeded ex-parte against the respondent No.2 w.e.f. 1.10.2014. Application of respondent No.2 for cancelling the

order dated 1.10.2014 for proceeding ex-parte has been rejected on 7.1.2015. Since, then case has proceeded ex-parte

against respondent No.2. No oral evidence has been adduced by respondent No.2 because of case proceeding ex-parte

against him. Respondent No.2 thereafter has participated only at the final hearing of the argument on 12.1.2016 &

4.2.2016.

17.

Following ruling has been filed from applicant side :-

i.

2001 (2) page 128, Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative Dairy Federation

Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents.

18.

Following reportable judgement dated 25.8.2014 of full bench of Hon’ble Supreme Court of India has been

filed by respondent No.1 :-

i.

Civil Appeal Nos. 10264 – 10266 of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd.

& Ors………..Respondent(s).

19.

Heard the argument of learned representative of the applicant & learned representatives of both the opposite

parties & perused the record carefully.

20.

It has been argued by learned representative of the applicant that services of the applicant has been terminated on

8.1.2011 by respondent No.2, M/s. Gulab Rai & Co. against the provision of section 25-F, 25-G & 25-H of Industrial

Disputes Act & Rule 77 & 78 of The Industrial Disputes (Central ) Rules, 1957. Respondent No.2 has not given any

notice before termination of the services of the applicant. Applicant has worked continuously for more than 240 days

immediately preceding the date of termination, hence, termination of the service is without complying the provision of

section 25-F of Industrial Disputes Act. It has been further argued that railway is responsible as principal employer

because nature of the work of ‘Train Side Vending’ carried out by the workman is of permanent nature hence, there

was no reason to terminate the services of the applicant. Reliance has been placed on case reported in 2001 (2) page

128 Western Law Cases (Raj.), Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative Dairy Federation

Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents. Against this it has

been argued by learned representative of respondent No.1 that there is no proof on record that applicant had worked for

240 days immediately preceding the date of termination. It has been further argued that applicant is the employee of

M/s. Gulab Rai & Co. & there is no legal reason to shift the liability regarding termination of services of applicant on

Railway because services of the applicant has not been terminated by any of the railway authority. Reliance has been

placed by learned representative of respondent No.1 on judgement dated 25.8.2014 by Hon’ble Supreme Court (F.B.)

in Civil Appeal Nos. 10264 – 10266 of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. &

Ors………..Respondent(s) with further submission that case cited by learned representative for applicant does not

apply in the circumstances of the present case.

21.

It has been argued on behalf of M/s. Gulab Rai & Co. that when services of the applicant was terminated there

was no work with the company & contract with the railway had ceased & work was going on only on extension granted

by the railway, hence, there remained no scope to continue the employment of the applicant. Further it has been said

that owing to end of the contract respondent No.2 has vacated the premises of the railway at Jodhpur & he is not

running any vending business relating to railway hence, respondent is not in position to provide any further engagement

to the applicant. During course of argument attempt was made by learned representative of respondent No.2

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773

M/s. Gulabrai & Company to submit to the court document relating to vacation of premises of Railway which was

unsuccessful due to resistance of learned representative of applicant on the ground that due to ex-parte proceeding

respondent No.2 is not entitled to file the papers. Against this, it has been argued by learned representative of the

applicant that notice of the argument should not be taken by the tribunal because no evidence has been adduced by

respondent No.2.

22.

Before I proceed to discuss the issues arising out of arguments of the learned representatives of the parties it is

important to mention here that case against respondent No.2 is proceeding ex-parte since 1.10.2014 & no oral evidence

has been adduced in support of reply to statement of claim. No oral evidence has been adduced by respondent No.1 also.

Applicant has been cross examined only by railway & no cross examination has been done by M/s. Gulab Rai & Co.

23.

As far as the question of the applicant being in the employment of respondent No.2 is concerned in reply to

statement of claim respondent has denied that applicant is working with him since his date of appointment on 4.6.93.

According to statement of claim applicant is in the employemt of respondent No.2 since 4.6.93 & has worked

continuously till 7.1.2011 & his services were terminated on 8.1.2011. During cross examination by respondent No.1

applicant has stated that he was employed by M/s. Gulab Rai & Co. but he was not given any appointment letter in

writing. He has further alleged that he was paid by company on monthly basis & before making the monthly payment

company was securing the signature of the applicant on receipt as proof of payment. He has further alleged that he has

worked from 4.6.93 to 7.1.2011 & before his removal from the service notice was not given to the applicant. Applicant

has not been cross examined by respondent No.2. A close scrutiny of the reply to statement of claim by respondent

No.2 indicates that although respondent No.2 has denied the working of the applicant since 4.6.93 but he has admitted

in para 2 of reply to statement of claim that applicant is habitual in absenting himself without prior information & he

has been habitually vending the eatables brought from outside market in the train for which respondent No.2 has paid

penalty on many occasions beside facing embarrassment. He has further alleged in para 5 of reply that he had sent a

notice to the applicant on 5.4.2011 which was not replied by him. Respondent has not filed copy of notice on record.

Nature & description of the notice has not been mentioned by the respondent. He has also alleged in para 4 of reply that

applicant lacks dedication & works against the interest of the company. Documents alongwith affidavit in evidence

filed by applicant include identity card, salary certificate for different period which bear the seal & signature of

authorised signatory of M/s. Gulab Rai & Co.. All these documents & above noted contentions of the respondent No.2

in his reply to statement of claim are sufficient evidence to indicate that the applicant has been in the employment of

respondent No.2 before termination of his services.

24.

Period of 240 days from the date of termination on 8.1.2011 shall be the period during 12 calendar month

immediately preceding the date of termination which means that applicant must be continuously in the service of the

respondent No. 2 for 12 calendar month immediately prior to 8.1.2011 & in that period must have worked for 240 days.

On the point of issue whether applicant has completed 240 days during 12 calendar month immediately preceding the

date of termination it is pertinent to note that respondent No.2 has been directed by order of the tribunal dated 4.12.13

& 19.3.14 to file documents in tribunal as per request of the applicant on application dated 11.4.12 wherein attendance

register, pay register & other documents have been requested to be summoned. Respondent No.2 has filed certain

documents on 30.1.14 but these documents are serving the own purposes of respondent No.2 & attendance register &

pay register have not been filed. Tribunal has not been informed on affidavit or otherwise about availability or non-

availability of documents relating to attendance & pay. The above situation & circumstance including ignorance of

respondent No.2 in filing the documents relating to pay & attendance & not informing about their non-availability

accompanied with uncrossed examined testimony of applicant by respondent No.2 is sufficient to draw an inference in

favour of applicant & against the respondent No.2 that applicant has worked for 240 days immediately preceding the

date of his termination on 8.1.11. There are certain other documents available on record which can show that applicant

was in engagement with respondent immediately prior to the date of termination for a period of 240 days which include

letter dated 9.7.2010 written by M/s. Gulab Rai & Co. to the Chief Regional Manager, IRCTC, Jaipur for renewal of

passes of the applicants for ‘Train Side Vending’. This indicates that applicant was in possession of pass which was

valid till 15.7.2010. Beside letter dated 9.7.2010 another letter dated 10.1.2011 has been written by the M/s. Gulab Rai

& Co. to DRM, NWR, Jodhpur for issue of passes of the applicants working with the company wherein it has been

alleged that they are doing train side vending for past 10 years. Validity of these passes are generally for a period of

one year. W-6, pay certificate for financial year 2009-10 issued by company to applicant dated 26.11.2010 has

acknowledged that applicant was in the service of the company on 26.11.2010. This document indicates that applicant

was in employment of the respondent No. 2 in the month of January, 2010. Exhibit w-9 provides information about

contribution of the applicant towards PF for the period 2010-2011 in which contribution M/s. Gulab Rai & Co. is

Rs.5707/- & employee’s contribution is Rs.17990/-. This indicates that applicant was in the employment of the

respondent No.2 till 7.1.2011. Based on above discussion, available documents & evidence on record I am of the view

that applicant has served with respondent No. 2 for a period of 240 days immediately preceding the date of his

termination. Inference u/s 114 (1)(G) of Evidence Act is another aspect existing in favour of applicant.

774 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

25.

As far as the violation of section 25-G & 25-H & rule 77 & 78 is concerned applicant has not provided any

information in statement of claim that who was the last comer in the service who was to go first in case of

retrenchment. He has not given name of person junior to him retained in service. Applicant has also not given any

information in claim that any person has been appointed by M/s. Gulab Rai & Co. subsequent to removal of the

applicant. Thus, I am of the view that applicant has failed to adduce evidence to prove that there is violation of section

25-G & 25-H of Industrial Disputes Act. Respondent No.2 has alleged in reply to statement of claim that provision of

rule 77 & 78 do not apply to the respondent No.2. Respondent No.1 has alleged in reply that it is not related with

respondent No.1 & needs no reply. Rule 78 deals with re-employment of retrenched workman. There is no evidence

that respondent No.2 has made any appointment after retrenchment of the applicant, hence, there is no violation of rule

78. In absence of evidence for violation of section 26-G the question of violation of rule 77 has no bearing on the right

of the applicant.

26. From above discussions it is clear that termination of the services of the applicant is against the provision of

section 25-F of Industrial Disputes Act. Admittedly, dismissal of the services of the applicant has been done by

respondent No. 2. It has been argued by learned representative of the applicant that railway should be held responsible

for termination of the services of the applicant as the work of the applicant in refreshment room or ‘ Train Side

Vending’ are works of permanent nature which are always available with railway & applicant should be treated as

employee of railway as principal employer. Learned representative of the applicant has relied on the case reported in

2001 (2) page 128, Western Law Cases (Raj.), Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative

Dairy Federation Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents.

Against above argument it has been argued by learned representative of the railway that applicant has himself admitted

that he was employed by M/s. Gulab Rai & Co. & his services were terminated by the company. In above fact &

circumstance, contention of the learned representative of the applicant is not sustainable that applicant should be treated

as employee of railway as principal employer. He has further submitted that case law cited by applicant side is not

applicable in the present case. He has further argued that there is no evidence of supervision & control of railway on

the applicant & his working & he is not on the pay roll of the railway, hence, railway is not responsible for the

termination of the services of the applicant & he has not been terminated by any officer of the railway. Reliance has

been placed on para 86 of judgement of Hon’ble Supreme Court dated 25.8.2014 in Civil Appeal Nos. 10264 – 10266

of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. & Ors………..Respondent(s).

27.

The main question to be answered in light of arguments advanced by learned representative of both the parties is

whether Railway is responsible for the termination of the services of the applicant which has been admittedly done by

M/s. Gulab Rai & Co.

28.

In 2001 (2) page 128, Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative Dairy Federation

Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents, respondent Sh.

Karni Singh raised dispute about termination of his services on the ground of violation of section 25-F & G of

Industrial Disputes Act, 1947. The contention of the appellant was that Sh. Karni Singh was employed by the

contractor to look after the security of the property of the appellant & he was not employed by the Federation, hence,

appellant is not liable for consequences arising out of termination of services of Sh. Karni Singh even if, the

termination is illegal which has taken place by his immediate employer contractor. This plea was rejected by labour

court on the basis of defence raised by workman under amended provision of Rajasthan State u/s 2(s) of I.D.Act, 1947.

Sh. Karni Singh had died during pendency of reference proceeding. The tribunal awarded a lump sum compensation to

the next of the kin of the deceased Sh. Karni Singh. Aggrieved by the award of tribunal appellant preferred writ petition

before the Hon’ble High Court under Article 226 & 227 of Indian Constitution which was dismissed by Hon’ble Single

Judge on the basis that there was no failure of substantial justice & he did not inquire into the correctness of the

contention raised by the learned counsel for the appellant that deceased was not the employee of the appellant & he was

working through contractor. Appellant filed appeal against the order of dismissal of Hon’ble Single Judge. Dismissing

the appeal it was held by Hon’ble Division Bench in para 10 & 11 of the judgement as under :-

“10. Apart from the fact that we are in agreement with the learned Single Judge that while exercising the

discretion under Articles 226 & 227 in entertaining the writ petition to keep the interest of substantial justice as

paramount consideration for invoking the extraordinary jurisdiction and discretion has appropriately not been

exercised in favour of the petitioner, we do not find any substance on merit of the contention.

11. So far as the Rajasthan is concerned the definition of ‘workman’ as provided in Section 2(s) of the Act of

1947 was amended by the Rajasthan Act No.34 of 1958 through its Section 3 w.e.f. 1.7.1960. The definition of

workman u/s 2(s) of the Act of 1947 as applicable in the State of Rajasthan since said amendment included any

person employed in any industry by a employer or by a contractor in relation to the execution of his contract with

such employer. The case of the appellant is that deceased Karni Singh was employed by a contractor in relation to

execution of his contract for maintaining security of the Federation’s property which contract was between the

Federation and the Contractor. The definition as amended in Rajasthan is clearly to include within the ambit of

¹Hkkx IIµ[k.M 3(ii)º

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775

employees of the establishment also the workman employed by the Contractor in execution of the contract

undertaken by the Contractor for the employer in which category even on the contention of the management,

case of Karni Singh would fall.”

29.

In Civil Appeal Nos. 10264 – 10266 of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. &

Ors………..Respondent(s), in relation to industrial dispute referred by Central Government the question referred to

Industrial Tribunal for award was whether workman as employed by respondent No.3 ( Chefair Flight Catering) to

provide canteen services at the establishment of respondent No.1 ( Air India Ltd.) could be treated as deemed employee

of the said respondent No.1. Vide order dated 5.5.2004 it was held by CGIT that workmen were employees of

respondent No.1 Air India & therefore, their claim was justified. It was further held that during the pendency of the

dispute termination of the services of the workmen was illegal. Award of the tribunal was set aside by Hon’ble Single

Judge & held that the said workmen would not be entitled to be treated as or deemed to be the employees of the Air

India. Appeal against the order of Hon’ble Single Judge was dismissed by Hon’ble Division Bench confirming the

order of Hon’ble Single Judge who observed that the responsibility to run the canteen was absolutely with the HCI &

the Air India & the HCI shared an entirely contractual relationship. Therefore, the claim of the appellants to be treated

as employees of the Air India & to be regularised was rejected by the learned single judge. In appeal before the Hon’ble

Supreme Court against the order of Hon’ble Division Bench of High Court there was difference of opinion between the

Hon’ble Judges of Supreme Court, hence, the appeal were placed before the Hon’ble Full Bench of Supreme Court by

referral order dated 13.11.2013. The question before the Hon’ble Full Bench was whether the workman engaged in

statutory canteens through a contractor could be treated as employee of the principle establishment. It is pertinent to

note that before the referral order Hon’ble Judges differed in their opinion regarding the liability of principle employer

running statutory canteen & further regarding the status of the workmen engage thereof. The Hon’ble judges differed

on the aspect of supervision & control which were exercised by Air India Ltd, respondent No.1 & the Hotel

Corporation of India Ltd respondent No.2 over the said workmen employed in these canteens. Referring to its various

pronouncements it was held by Hon’ble Full Bench of Supreme Court as under :-

“85. Therefore, in our considered view and in light of the above, the appellants-workmen could not be said to be

under the effective and absolute control of Air India. The Air India merely has control of supervision over the

working of the given statutory canteen. Issues regarding appointment of the said workmen, their dismissal,

payment of their salaries, etc. are within the control of the HCI. It cannot be then said that the appellants are the

workmen of Air India and therefore are entitled to regularization of their services.

86. It would be pertinent to mention, at this stage, that there is no parity in the nature of work, mode of

appointment, experience, qualifications, etc., between the regular employees of the Air India and the workers of

the given canteen. Therefore, the appellants-workmen cannot be placed at the same footing as the Air India’s

regular employees, and there by claim the same benefits as bestowed upon the latter. It would also be gainsaid to

note the fact that the appellants-herein made no claim or prayer against either of the other respondents, that is,

the HCI or the Chefair.

87. In terms of the above, the reference is answered as follows :

The workers engaged by a contractor to work in the statutory canteen of a factory would be the workers of the

said factory, but only for the purposes of the Act, 1948, and not for other purposes, and further for the said

workers, to be called the employees of the factory for all purposes, they would need to satisfy the test of

employer-employee relationship and it must be shown that the employer exercises absolute and effective control

over the said workers.

88. In view of the above, while answering the referral order, we dismiss these appeals. No order as to costs.”

30.

In the present case, admittedly applicant has been appointed by respondent No.2 & has been an employee fully

within the control & supervision of the respondent No.2. He was in receipt of pay & emoluments from respondent No.2

& respondent No.1 has no control of any nature disciplinary or otherwise over the applicant, hence, respondent No.1

cannot be held responsible for liability of respondent No.2 having exclusive control over the applicant. Out of rulings

referred from both the side, the law laid down by Hon’ble Supreme Court is attracted in fact & circumstances of the

present case. Accordingly, I am of the view that respondent No.2 is responsible for the liabilities arising out of illegal

termination of the services of the applicant & railway has neither terminated the services of the applicant nor is

responsible for such termination.

31.

About the nature of relief to be given to the applicant it has been argued by learned representative of the applicant

that applicant should be reinstated with full back wages & continuity in service. Against this it has been argued by

learned representative of Railway that Railway is not responsible in any manner to provide engagement to the applicant

in railway. It has been argued by learned representative of M/s. Gulab Rai & Co. that company is no more on business

of the railway on contract & the premises of the railway has also been vacated & handed over to the railway, hence,

776 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

applicant can’t be reinstated in service. From perusal of the file it is evident that Hon’ble Division Bench of High Court

(Jodhpur) has vide order dated 15.12.2014 has ordered M/s. Gulab Rai & Co. to vacate the premises by 23.12.2014 &

hand over the possession & canteen to railway which has been complied by the company. There is no evidence on

record to show that M/s. Gulab Rai & Co. is having any other premises elsewhere where business of present nature or

any other nature is carried out. As per finding given above it is clear that action of the management of M/s. Gulab Rai

& Co., Jodhpur in terminating the services of applicant is unjustified & illegal & in violation of provisions of 25-F of

Industrial Disputes Act. The legal position is undisputed that in case of non-compliance of section 25-F applicant

workman may be reinstated with other consequential benefits but in fact & circumstances of the present case where

reinstatement is impracticable it appears just & proper to award suitable compensation to the applicant to meet the end

of justice.

32.

The date of birth of applicant is 18.12.1972 which means that applicant is of the age of above 38 years at the time

of termination from service & he has been inducted in the service on 4.6.1993 as per statement of claim. Thus, he has

completed about 17 years & 7 months of service. Applicant has not mentioned in statement of claim that what was his

salary at the time of entry into the service & at the time of his termination from the service. In the financial year 2009-

10 his gross salary in ex-w-6 is Rs. 27723/-. In above fact & circumstance, I am of the view that an award of a lump

sum compensation amount of Rs.23500/- to the applicant to be paid by respondent No.2 will be sufficient to meet the

end of justice.

33.

In the result, the reference is answered in affirmative in favour of applicant workman & it is held that the action

of the management of M/s. Gulab Rai & Co., Jodhpur in terminating the services of Sh. Manoj Sharma S/o Sh. Vinod

Sharma w.e.f. 8.1.2011 is illegal & unjustified. Therefore, M/s. Gulab Rai & Co. is directed to pay as compensation to

the applicant Sh. Manoj Sharma a sum of Rs.23500/- (Twenty Three Thousand & Five Hundred Only) instead & in

lieu of his reinstatement in service. The payment shall be made within two months from the date of publication of

award failing which the applicant shall be entitled to the amount of compensation with 8% simple interest per annum.

Management of Sr. Divisional Commercial Manager, North West Railway, Jodhpur is not responsible for termination

of the services of Sh. Manoj Sharma. Application of the applicant is accordingly allowed.

34.

Award as above.

BHARAT PANDEY, Presiding Officer

ubZ fnYyh] 14 iQjojh] 2017

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vfèkdj.k ,oa Je U;k;ky;] t;iqj ds iapkV (lanHkZ la[;k 59@2012) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 14-02-2017 dks

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¹la- ,y&41012@13@2009&vkbZvkj (ch&I)º

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New Delhi, the 14th February, 2017

S.O. 388.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 59/2012) of the Central Government Industrial Tribunal-cum-

Labour Court, Jaipur as shown in the Annexure, in the industrial dispute between the management of Uttar Paschim

Railway and their workmen, received by the Central Government on 14.02.2017.

[No. L-41012/13/2009-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JAIPUR

BHARAT PANDEY, Presiding Officer

I.D. 59/2012

Reference No. L-41012/13/2009-IR(B-I) dated: 21.03.2012

Shri Kailash Sharma

S/o Shri Jawari Lal Sharma

R/o Village : Bodwa, teh. Jayal,

Distt – Nagaur (Raj.)

¹Hkkx IIµ[k.M 3(ii)º

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777

V/s

1. Mandal Rail Prabhandhak

Uttar Paschim Railway

Jodhpur.

2. Mandal Vanijya Prabandhak

Uttar Paschim Railway

Jodhpur.

3. M/s. Gulab Rai & Co.

Refreshment Room

Contractor ( Khanpan Room)

Railway station, Jodhpur.

4. Prabhandhak

Indian rly. Catering & tourism Corpn.,

9th Floor, Bank of Baroda bldg.,

16, parliament street, New Delhi.

Present :

For the Applicant

:

Sh.Narayan Prasad Ojha,Adv.

:

Sh. Kunal Rawat, Adv.

For the Non-applicant Railway

:

Sh. L.P.Singhal, Adv.

(Respondent No.1 & 2)

For non-applicant IRCTC

:

Sh. P.C.Sharma, Adv.

For non-applicant Ms.Gulabrai

:

Ex-parte/ Sh. K.K.Paliwal, Manager.

& Company

AWARD

27.5.2016

1.

The Central Government in exercise of the powers conferred under clause (d) of Sub Section 1 & 2(A) of Section

10 of the Industrial Disputes Act 1947 has referred the following Industrial dispute to this tribunal for adjudication:-

“Whether the action of the management of Ms. Gulabrai and company, Refreshment Room Contractor,

Railway station, Jodhpur ( a contractor of North Western Railway, Jodhpur ) in terminating the services

of shri Kailash Sharma S/o Shri Jawari Lal Sharma w.e.f. 3.12.2007 is legal and justified ? to what relief

the Shri Kailash Sharma is entitled?”

2.

Briefly fact of the case is that applicant workman was appointed as salesman by respondent No.3 M/s. Gulab Rai

& Co. on 27.10.2002 & services of the applicant were kept continued. Applicant was paid a monthly salary of

Rs.4000/- by respondent No.3 & facility of PF was provided to the applicant by respondent No.3 M/s. Gulab Rai & Co.

& periodically applicant was medically examined for his fitness.

3.

On 20.7.2007 when applicant reached on place of duty he was prevented from carrying on his duty by Gitanjali,

an officer of the company. Applicant asked for reason for not allowing to work but was not replied. On 21.7.2007 also

applicant appeared for duty but he was prevented by respondent No.3. Thereafter, on 14.8.2007 applicant again

contacted respondent No.3 but he was not permitted to work. It is contention of the applicant in para 5 of statement of

claim that after 14.8.2007 periodically he kept contacting respondent No.3 but remained unsuccessful in joining the

duty & on 3.12.2007 respondent No.3 specifically refused to allow the applicant to continue the work. Applicant

unsuccessfully demanded from respondent No.3 reason in writing for refusal to allow working.

4.

It has been further contended by applicant that applicant was kept in forced unemployment by respondent No.3

& removed illegally from the service on 3.12.2007 without making payment from July, 2007 till the date of filing the

application before the tribunal. Applicant was not provided the facility of ESI, bonus, uniform, leave & other

allowances despite there being provision for such facilities.

5.

Aggrieved by conduct of the respondent No.3 applicant through his advocate had sent notice dated 31.12.2007

to respondents which was not replied despite receipt by respondent 1,2 & 4. Respondent No.3 had replied the notice

with false & fabricated allegation against the applicant which is not acceptable to applicant. Such reply by respondent

No.3 was with a view to escape the legal responsibilities arising out of notice.

6.

Further in para 9 of the statement of claim applicant has alleged that after illegal removal of applicant from

service many persons were employed by respondents but respondents took no step to reinstate the applicant in service.

778 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

The above act of respondent No.3 is against the provisions of Industrial Disputes Act, 1947 & Contract Labour

(Regulation & Abolition) Act, 1970. Applicant has continuously worked with respondent No.3 for more than five years

since 27.10.2002 to 3.12.2007 & further applicant has worked for more than 240 days continuously prior to the date of

termination from service, hence, applicant is entitled to the benefits of Chapter 5-A of Industrial Disputes Act, 1947 &

termination of the services of the applicant is unfair & illegal on account of non-compliance of Chapter 5-A. Applicant

was not given any notice or pay in lieu of notice or retrenchment compensation, hence, his termination is unfair &

illegal.

7.

Further in para 14 it has been alleged that nature of the work of respondent is of permanent character. Applicant

has repeatedly requested orally & in writing to reinstate him in service but despite assurance he was not reinstated. The

removal of the applicant from the service is against the principle of natural justice . Applicant is unemployed who is

facing financial hardship with his family. He is not having any source of income, hence, his reinstatement is necessary.

8.

It has been further alleged in para 17 that employees junior to him have been retained in service & after his

removal from service fresh recruitments have been made by respondent, thus, respondent has acted in violation of

section 25-F, 25-G & 25-H of Industrial Disputes Act, 1947 & has adopted unfair labour practice. At the time of

removal from the service respondent has not given any reason in writing for removal from service. No charge sheet was

issued to the applicant, hence, removal from the service is against the principle of natural justice. Applicant has prayed

to reinstate him in the service with back wages & all consequential benefits declaring order of termination dated

3.12.2007 void & illegal. It has been further prayed that order be made for payment of salary from August, 2007 to

December, 2007.

9.

In reply to statement of claim by respondent No.3 M/s. Gulabrai & Company statements in para 1 to 3, para 6 to

7 & para 9 to 19 have been said to be wrong. Against para 4 it has been alleged that applicant did not appear for work

as alleged by him in statement of claim & further against para 5 it has been alleged that he did not appear on 14.8.2007

also. Against para 8 it has been alleged that notice sent by applicant was replied by answering respondent No.3.

10.

Further against para 1 of statement of claim it has been alleged that applicant was given appointment first time on

1.9.2003 with monthly pay of Rs.1600/-. Applicant after certain period of time started committing mistakes & he was

not performing his job in right manner due to which complaints were continuously pouring against him. Against para 2

it has been alleged that statements of claim is correct that facility of PF was provided to applicant & he was medically

examined annually. Further it has been alleged that based on Rs.1600/- monthly pay contribution of EPF was made by

respondent No.3.

11.

Against para 3 of statement of claim it has been alleged that complaints were received earlier against the

applicant from DRM, Jodhpur & customers that applicant Sh. Kailash Sharma was supplying mineral water of

unauthorised brand & collecting money more than the printed price & he was misbehaving with the passengers.

Against the complaints on many occasions applicant was instructed not to do the alleged wrong noted in the complaints

& he assured the respondent No.3 not to commit the wrong in future but after laps of certain period of time he again

engaged himself in supplying unauthorised article, misbehaving & collecting unauthorised money from the passengers.

Applicant was also not wearing the uniform & working according to the rules in consequence whereof respondent No.3

was exposed to harassment & was also fined by railway. No change was noticed in the applicant despite repeated

instructions. On 19.7.2007 applicant came on work & left without information & since 20.7.2007 he stopped coming

for duty whereas according to rule it is necessary to give information before proceeding on leave. Owing to absence of

applicant without information hardship to respondent No.3 arose & he was not able to sent a workman in the

concerned train on 20.7.2007 where applicant was supposed to go, thereafter applicant remained absent without

information & on enquiry it was noticed that applicant was engaged in a private agency in Jodhpur. Applicant did not

turn up on work despite information from respondent No.3 . It is contention of respondent No.3 that in above

circumstance, there is no question about applicant not taken on duty on 20.7.2007 as he did not appear for duty on that

day. Further, it has been alleged that applicant did not appear on next date 21.7.2007 also.

12.

On 14.8.2007 applicant neither appeared on work nor contacted respondent No.3 & he also did not sent any

information about leave. After 14.8.2007 only on 6.11.2007 applicant came to respondent No.3 & informed that he has

joined job in a travel agency hence he does not want to continue with respondent No.3 & demanded unpaid wages

from respondent No.3 . Respondent No.3 asked the applicant about the amount of unpaid wages due to respondent No.3

which was paid to him on demand. On demand made to applicant to deposit the identity card, uniform & other utensils

he started quarrelling with respondent No.3 & demanded the due payment immediately & he was paid a sum of

Rs.893/- on 6.11.2007 itself about work done by him in the month of July, 2007. Applicant departed with above money

assuring the respondent to return soon with identity card etc. but never return back. Thereafter, applicant did sent a

false notice to respondent No.3 which was replied. Applicant has voluntarily without informing respondent No.3 had

left the place of duty & joined the job of travel agency & due to his sudden departure from place of duty without notice

applicant suffered huge loss to his business.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

779

13.

In reply to para 6 of statement of claim it has been alleged that applicant had voluntarily in illegal manner left the

employment with respondent No.3 & contention in this regard in para 6 of statement of claim is wrong.

14. Against para 21 of statement of claim respondent No.3 has alleged that the work of the applicant was

unsatisfactory & on many occasions written & oral complaints were received against applicant & he did not respond to

the advices given to him against the complaints & his wrong doing. He stopped coming on work since 20.7.2007 &

secured another employment elsewhere. On 6.11.2007 he received his entire due amount & voluntarily left the

employment of the respondent No.3. It has been further alleged that he did not return the identity card, uniforms &

utensils etc. till the filing of reply to statement of claim. He was never removed from the job by respondent No.3,

hence, applicant is not entitled to any relief & his claim is liable to be dismissed with cost.

15.

In parawise reply to statement of claim by respondent No.1 & 2, DRM, NWR, Jodhpur & Divisional Commercial

Manager, NWR, Jodhpr respectively statements in para 1, 8 , 9 & 12 have been specifically denied. About statements in

para 2 to 6, para 10, para 13 to 17 & 19 to 21, it has been alleged that they are not related to respondent No.1 & 2.

About statements in para 7 & 11 it has been alleged that they are concerned with respondent No.3 & need no reply

from respondent No.1 & 2. Further it has been alleged that respondent No.3 M/s. Gulabrai & Company was licensee of

Railway Administration on contract. Respondent No.3 was permitted to do ‘Train Side Vending’ till 15.10.2011 as per

order of NWR headquarter, Jaipur. About rest of the content of statement of claim in para 1 it has been alleged that they

are not concerned with respondent No.1 & 2 & respondent No.3 is answerable for allegations in para 1 of statement of

claim.

16.

Against all the paras of statement of claim wherein it has been alleged by respondent No.1 & 2 are not concerned

with them, it has been alleged that respondent No.3 is answerable against those allegations.

17.

Apart from above para wise reply to statement of claim by respondent No.1 & 2 two preliminary objections have

been raised by them that they are not the employer of the applicant & the applicant is not the workman of the

respondent No.1 & 2 & they have not issued any appointment letter to the applicant. Further, it has been alleged that

respondent No.1 & 2 have been wrongly impleaded in the case & case is bad for misjoinder of unnecessary party &

petition of the applicant is accordingly liable to be rejected. In preliminary objection it has been further alleged that

respondent No.1 & 2 have been impleaded as party only to invoke the jurisdiction of the tribunal & applicant has no

concern with respondent No.1 & 2, hence, application is liable to be dismissed on the ground of jurisdiction also.

18.

In reply to statement of claim by respondent No.4 Prabhandhak, Indian rly. Catering & tourism Corpn., Para 1,2,

8,10,11,14,15,16, 17 & 18 of statement of claim have been specifically denied. Against para 3,4,5,6,7,9,12,13,19,20 &

21, it has been alleged that they are not related to respondent No.4. Further it has been alleged that no relief has been

claimed against respondent No.4 because respondent No.4 has neither appointed nor given any appointment order to

the applicant & no salary payment has been made by respondent No.4.

19.

It has been further alleged that applicant has no connection of any kind with respondent No.4, hence, application

of the applicant is not maintainable against respondent No.4. Respondent No.4 came in existence in year 2001 under

Indian Railway. Respondent No.4 makes arrangements of “Khan- Pan” for railway passengers on basis of contract

under settled procedure wherein contracts are executed between the parties according to the provision of Indian

Contract Act & contractors are paid according to conditions of contract. In the process of contract respondent No.4

remains unconcerned about number of workmen engaged by contractor for execution of his contractual work.

Applicant has never contacted or given any notice to respondent No.4 & he cannot bring his case against the

respondent No.4. Respondent No.4 is unnecessary party in this case. It has been further alleged in para 17 of reply that

at the time of filing reply on 4.3.2013 IRCTC is not running any railway canteen & application of applicant is liable to

be dismissed against respondent No.4 as not maintainable.

20.

Beside above reply to statement of claim respondent No.4 has raised preliminary issues against the application

wherein he has claimed that applicant is not the employee of the respondent No.4 & there is no employer - employee

relationship between respondent & applicant, hence, application is liable to be dismissed. It has been further alleged

that respondent No.3 M/s. Gulabrai & Company is running the refreshment room at Jodhpur railway station &

respondent No.3 is alone responsible for the workman engaged by respondent No.3 for running the refreshment room

& respondent No.4 is no way responsible to workman engaged in refreshment room at Jodhpur railway station.

Further, it has been stated in preliminary objection that after the year 2010 management of ‘Khan-Pan’ units are not

under the control of respondent No.4 & they are directly under the control of railway. IRCTC is a separate unit & it can

not be attached with the claim of the applicant in any manner.

21.

No rejoinder has been filed by applicant against reply to statement of claim of any respondent.

22.

Applicant Sh. Kailash Sharma has filed affidavit in evidence in support of statement of claim & he has been cross

examined by respondent No.1 & 2 Railway & respondent No.4 IRCTC on 1.10.2014. From the side of respondents, no

witness has been produced by respondent No.1 & 2. No witness has been produced by respondent No.3 M/s. Gulabrai

& Company. Since, 1.10.2014 case is proceeding ex-parte against M/s. Gulabrai & Company. Application of M/s.

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Gulabrai & company for cancelling order dated 1.10.2014for proceeding ex-parte has been rejected on 7.1.2015. No

oral evidence has been adduced by M/s. Gulabrai & Company because of case proceeding ex-parte against him. M/s.

Gulabrai & company thereafter has participated only at the final hearing of the argument on 4.2.2016 & 11.2.2016.

Affidavit of Shri Sambhu Sharma, Assistant Manager has been filed by respondent No.4 IRCTC. Shri Sambhu Sharma

has been cross examined on 24.11.2015 by learned representative of the applicant.

23.

Applicant Sh. Kailash Sharma has filed documentary evidence, Ex-w-1 to ex-w-10 alongwith his affidavit in

evidence which are photocopy of medical fitness certificate, character certificate issued by M/s. Gulabrai & Company,

Identity card & registered notice sent to respondents against termination of his services. Respondent No.3 M/s.

Gulabrai & company has filed seven documents on 30.1.2004.

24.

Respondent No.1& 2 at the time of argument have filed eight pages of documentary evidence in form of

photocopy relating to handing over the possession of the Refreshment Room at Jodhpur Railway Station & photocopy

of judgement dated 15.12.2014 in D.B.Civil Special Appeal (W) No. 1683/2014, 1694/2014 & 1701/2014 of Hon’ble

Rajasthan High Court, Jodhpur. No oral evidence has been adduced by respondent No.1 & 2.

25.

Heard the argument of learned representative of the applicant & learned representative of all the respondents &

perused the record carefully.

26.

Following ruling has been filed from applicant side :-

i. 2001 (2) page 128, Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative Dairy Federation

Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents.

27.

Following reportable judgement dated 25.8.2014 of full bench of Hon’ble Supreme Court of India has been filed

by respondent No.1 & 2:-

i. Civil Appeal Nos. 10264 – 10266 of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. &

Ors………..Respondent(s).

28.

It has been argued by learned representative of the applicant Sh. Kailash Sharma that services of the applicant has

been terminated on 3.12.2007 by respondent No.3, M/s. Gulab Rai & Co. against the provision of section 25-F, 25-G

& 25-H of Industrial Disputes Act & Rule 77 of The Industrial Disputes (Central ) Rules, 1957. Respondent No.3 has

not given any notice before termination of the services of the applicant. Applicant has worked continuously for more

than 240 days immediately preceding the date of termination, hence, termination of the service is without complying

the provision of section 25-F of Industrial Disputes Act. It has been further argued that railway is responsible as

principal employer because nature of the work of ‘Train Side Vending’ carried out by the applicant as salesman is of

permanent nature hence, there was no reason to terminate the services of the applicant. Reliance has been placed on

case reported in 2001 (2) page 128 Western Law Cases (Raj.), Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan

Co-Operative Dairy Federation Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court,

Bikaner……Respondents. Against this it has been argued by learned representative of respondent No.1 & 2 that there

is no proof on record that applicant had worked for 240 days immediately preceding the date of termination. It has been

further argued that applicant is the employee of M/s. Gulab Rai & Co. & there is no legal reason to shift the liability

regarding termination of services of applicant on Railway because services of the applicant has not been terminated by

any of the railway authority. Reliance has been placed by learned representative of respondent No.1 on judgement

dated 25.8.2014 by Hon’ble Supreme Court (F.B.) in Civil Appeal Nos. 10264 – 10266 of 2013, Balwant Rai Saluja &

Anr……Appellant (s) v/s Air India Ltd. & Ors………..Respondent(s) with further submission that case cited by

learned representative for applicant does not apply in the circumstances of the present case. It has been argued by

learned representative of IRCTC that case of the applicant is not maintainable against IRCTC because applicant was

neither issued with any appointment letter by IRCTC nor was kept in the service of IRCTC on any occasion & IRCTC

is unconcerned with applicant. It has also been alleged that there is no employer employee relationship between IRCTC

& applicant & petition of the applicant is liable to be dismissed against respondent No.4 with cost.

29.

It has been argued on behalf of M/s. Gulab Rai & Co. that contention of the applicant that his services have been

terminated by respondent No.3 is completely false & the true fact is that applicant himself voluntarily stopped coming

since 20.7.2007 without any information to respondent No.3 & without taking leave of absence. Due to absence of

applicant work of respondent No.3 started suffering & on attempt to know the cause of absence of applicant it came to

the notice of respondent No.3 that applicant has joined the job in Jodhpur in some private agency. Thereafter,

information was sent to the applicant but he did not return back on job of respondent No.3 & did not appear on the

work since 20.7.2007. Further it has been argued that applicant came to respondent No.3 on 6.11.2007 & himself

alleged that he has taken employment in some travel agency & does not want to work with respondent No.3 &

accordingly his dues may be cleared & paid which was paid for the month of July, 2007 for the period he had worked.

Further it has been argued that beside the fact that contention of the applicant is false that his services were terminated

by respondent No.3 it is also wrong to say that he has worked for 240 days immediately preceding the alleged date of

termination of his service because applicant voluntarily did not appear for work since 20.7.2007 & he was never

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prevented from working on the place of duty. It has been further argued that respondent No.3 has vacated the premises

of the railway & handed over the possession due to end of the contract & respondent is not running any vending

business relating to railway or any other business hence, respondent is not in position to provide any engagement to the

applicant. During course of argument attempt was made by learned representative of respondent No.3 M/s. Gulabrai &

Company to submit to the court document relating to delivery of possession of premises of Railway which was

unsuccessful due to resistance of learned representative of applicant on the ground that due to ex-parte proceeding

respondent No.3 is not entitled to file the papers. Against this, it has been argued by learned representative of the

applicant that notice of the argument should not be taken by the tribunal because no evidence has been adduced by

respondent No.3.

30.

Before I proceed to discuss the issues arising out of arguments of the learned representatives of the parties it is

important to mention here that case against respondent No.3 M/s. Gulabrai & company is proceeding ex-parte since

1.10.2014 & no oral evidence has been adduced in support of reply to statement of claim. No oral evidence has been

adduced by respondent No.1 & 2 railway also. Applicant has been cross examined only by railway & IRCTC. No cross

examination has been done by M/s. Gulab Rai & Company due to case proceeding ex-parte against him.

31.

As far as the question of the applicant being in the employment of respondent No.3 at the time of termination is

concerned, in reply to statement of claim respondent No.3 has denied that applicant is working with him since his date

of appointment on 27.10.2002. According to statement of claim applicant is in the employment of respondent No.3

since 27.10.2002 & his services were terminated on 3.12.2007. As per statement of claim it is admitted case of the

applicant that on 20.7.2007 when he appeared for work on duty place he was not allowed to work by Gitanjali, the

officer of the company. Again applicant appeared on next date 21.7.2007 & again he was not taken on work. After that

applicant appeared on 14.8.2007 for work but respondent No.3 avoided & did not permit him to do the work.

According to contention of the applicant in statement of claim he kept contacting respondent No.3 & respondent No.3

continued assuring him to kept him back in the job but on 3.12.2007 respondent No.3 finally refused to take him back

but did not provide any reason in writing for not taking him back on job. The date of 3.12.2007 has been taken by

applicant as date of termination for the purpose of this dispute. According to contention of M/s. Gulabrai & company

service of the applicant was never terminated by the company & in this respect contention of the applicant is false.

According to contention of the company applicant never appeared for work on or after 20.7.2007. In above fact &

circumstances, burden is on the applicant to prove that his services were terminated & he did not voluntarily stopped

working with respondent No.3. In the affidavit in evidence filed by applicant he has alleged that on 20.7.2007 when he

appeared on place of duty then he was prevented by Gitanjali from working without any reason & thereafter applicant

left for home. No reason has been assigned by applicant that why he was prevented from working whereas case of the

M/s. Gulabrai & company is that due to continuous absence of the applicant when work of the company started

suffering then on enquiry about absence it came to the notice of the company that applicant has joined the job

somewhere else in Jodhpur in some travel agency. Attendance sheet of 21.7.2007 & 23.7.2007 indicates that applicant

was absent. On 21.7.2007 applicant Sh. Kailash, Sh. Rashid, Sh. Manoj, Sh. Ghanshyam, Sh. Balesher, Sh. Motumal &

Sh. Rajuram were absent out of 21 persons & remaining workmen were present. Attendance sheet of 23.7.2007

indicates that on 23.7.2007 also applicant Sh. Kailash was absent. If Sh.Kailash was present on 21.7.2007 he must have

signed the attendance like other workmen. This indicates that contention of the applicant is not true that he appeared on

20.7.2007 & subsequent date on 21.7.2007. It is not the case of applicant Sh. Kailash Sharma that he was not permitted

to sign the attendance sheet which goes to show that his contention is false that he appeared on 20.7.2007 & 21.7.2007

& was prevented from working. No co-worker has been examined on this point. His own affidavit is not sufficient to

give credence to his contention in fact & circumstances of the case. Attendance sheet of 19.7.2007 indicates that he has

signed the attendance sheet & worked for the day. State of attendance sheet appears to be proof of the fact that

contention of M/s. Gulabrai & company is true that applicant stopped coming on work since 20.7.2007 without seeking

prior permission or leave of absence.

32.

On 6.11.2007 applicant has signed a receipt of Rs. 893/- for the salary of July, 2007 which has been filed by M/s.

Gulabrai & company. This receipt is proof of the fact that on demand of the applicant from the company due salary of

the July, 2007 was paid for the number of days he had worked. It is pertinent to note that there is no reason that if

applicant was prevented by respondent No.3 from working then why a written notice in the month of July, 2007 was

not sent by him & a notice has been sent by him only on 31.12.2007. This indicates that applicant was not interested in

working with respondent No.3 beyond 20.7.2007 & contention of the applicant appears to be false that he was

prevented by respondent No.3 from working on or after 20.7.2007. From the above discussion it is clear that applicant

has worked with the respondent No.3 M/s. Gulabrai & company only till 19.7.2007 & rest of the contention of the

applicant is false that till 3.12.2007 i.e. alleged date of termination he continued to contact the respondent & on

3.12.2007 respondent finally refused that he will not allow the applicant to work. It is also clear from the facts on

record that he voluntarily stopped coming on work since 20.7.2007.

33.

As far as the question of appointment of applicant with respondent No.3 is concerned according to statement of

claim he was appointed on 27.10.2002 as salesman but respondent No.3 M/s. Gulabrai & Company has denied this fact

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[PART II—SEC. 3(ii)]

& alleged in reply to statement of claim that applicant was appointed on 1.9.2003. In cross examination applicant has

admitted that he was not given any appointment letter & he had not signed any agreement with respondent No.3. W-1

is medical fitness certificate of the applicant which has been issued on 24.1.2003 & is valid till 23.1.2004. Medical

examination of the applicant indicates that contention of the respondent M/s. Gulabrai & company is incorrect that

applicant was appointed on 1.9.2003 because medical examination has taken place on 24.1.2003 which is proof of the

fact that he was taken on work at least on or after 24.1.2003 in the month of January, 2003. From above discussion I am

of the view that applicant was appointed in January, 2003 because he could join service only after medical examination

and applicant left service voluntarily on 20.7.2007.Fact of joining service on 27.10.2002 is not supported by any

document like appointment letter, medical examination certificate, wage payment certificate, any other document

available on record.

34.

Period of 240 days from the alleged date of termination on 3.12.2007 shall be the period during 12 calendar

month immediately preceding the date of termination which means that applicant must be continuously in the service

of the respondent No. 3 for 12 calendar month immediately prior to 3.12.2007 & in that period must have worked for

240 days. On the point of issue whether applicant has completed 240 days during 12 calendar month immediately

preceding the date of termination it is pertinent to note that respondent No.3 has been directed by order of the tribunal

dated 19.3.2014 to file documents in tribunal as per request of the applicant on application dated 4.12.2013 wherein

attendance register, pay register, complaint against the applicant by any passenger & action taken on that application &

sell voucher & register between 27.10.2002 & July, 2007 have been requested to be summoned. Respondent No.3 has

filed seven documents only on 30.1.14 which are attendance sheet, character certificate issued to the applicant by

company & order of the Ministry dated 14.10.2009 rejecting case of the applicant for reference. As per the contention

of the applicant it is admitted fact by applicant that he did not work for the period 20.7.2007 to 3.12.2007 i.e. alleged

date of termination. It is contention of the applicant that he was not permitted to work from 20.7.2007 onward but he

has failed to prove that he appeared for work from 20.7.2007 till the alleged date of termination on 3.12.2007. Absence

of applicant on 20.7.2007 & on onward dates indicate his voluntary absence for which he himself is responsible. His

contention in this regard has not been proved by any co-worker that he really appeared for work & was not allowed

because on 21.7.2007 nearly 14 workers have been present & 5 workers have been absent including Sh. Kailash

Sharma. On 23.7.2007 8 workers are absent including Sh. Kailash Sharma & 12 workers are present. Absence of

applicant in above circumstance shows his voluntarily absence in view of the fact that he had not given any notice to

the employer till 31.12.2007. He has also not given any substantive reason to show that why he was not allowed to

work or if he was present then why he did not sign the attendance register. On 6.11.2007 applicant has appeared before

the respondent No.3 & has taken due payment for the month of July, 2007. There is no record of complaint made to any

authority against the respondent No.3 about his not permitting the applicant to work on duty place. The above

circumstances are sufficient to infer that applicant has voluntarily absented himself from the place of duty although no

adverse action has been taken by respondent No.3 & he has made payment of July, 2007 for the days applicant has

worked in the month of July, 2007. In calendar year from the date of reference applicant has worked only for 139 days

& absented himself for 226 days from 20.7.2007 to 3.12.2007. The period of absence of 226 days is due to wilful

absence of workman & without fault on the part of respondent No.3. Based on above discussion it is clear that applicant

has not worked for 240 days in a calendar year. As far as the attraction of provision of section 25-F of Industrial

Dispute Act, 1947 is concerned as the applicant has not worked for the period of 240 days in calendar year from the

date of reference, provision of section 25-F of Industrial Disputes Act, 1947 Act is not attracted.

35.

As far as the violation of section 25-G & 25-H is concerned applicant has not provided any information in

statement of claim that who was the last comer in the service who was to go first in case of retrenchment. He has also

not given name of person junior to him retained in service. Applicant has also not given detail of any person who has

been appointed by M/s. Gulab Rai & Company subsequent to removal of the applicant. Thus, I am of the view that

applicant has failed to prove that there is violation of section 25-G & 25-H of Industrial Disputes Act.

36. It has been argued by learned representative of the applicant that railway should be held responsible for

termination of the services of the applicant as the work of the applicant in refreshment room or ‘ Train Side Vending’

are works of permanent nature which are always available with railway & applicant should be treated as employee of

railway as principal employer. Learned representative of the applicant has relied on the case reported in 2001 (2) page

128, Western Law Cases (Raj.), Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative Dairy Federation

Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents. Against above

argument it has been argued by learned representative of the railway that applicant has himself admitted that he was

employed by M/s. Gulab Rai & Co. & his services were terminated by the company. In above fact & circumstance,

contention of the learned representative of the applicant is not sustainable that applicant should be treated as employee

of railway as principal employer. He has further submitted that case law cited by applicant side is not applicable in the

present case. He has further argued that there is no evidence of supervision & control of railway on the applicant & his

working & he is not on the pay roll of the railway, hence, railway is not responsible for the termination of the services

of the applicant & he has not been terminated by any officer of the railway. Reliance has been placed on para 86 of

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judgement of Hon’ble Supreme Court dated 25.8.2014 in Civil Appeal Nos. 10264 – 10266 of 2013, Balwant Rai

Saluja & Anr……Appellant (s) v/s Air India Ltd. & Ors………..Respondent(s). It has been argued by learned

representative of IRCTC that applicant has no cause of action against IRCTC because of he was neither appointed by

IRCTC nor given any engagement by IRCTC & there is no employer- employee relationship between IRCTC &

applicant.

37.

Applicant has admitted in cross-examination that he was not given any order of removal from service in writing

by M/s. Gulabrai & company. This indicates an admission by applicant that he was terminated from service by

respondent No.3. In statement of claim also in para 6 it has been admitted by applicant that he was removed from

service by respondent No.3. Perusal of reference order also indicates that conduct of the M/s. Gulabrai & company, a

contractor of NWR, Jodhpur has been questioned in terminating the services of the applicant. Cross examination of

witness of IRCTC Sh. Shambhu Sharma, Assistant Manager by applicant reveals nothing favourable to applicant. Sh.

Shambhu Sharma has alleged that functioning of the IRCTC was merged with railway after the end of existence of

IRCTC. In above fact & circumstance, the main question to be answered in light of arguments advanced by learned

representative of both the parties is whether Railway is responsible for the termination of the services of the applicant

which has been admittedly done by M/s. Gulab Rai & Company.

38.

In 2001 (2) page 128, Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative Dairy Federation

Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents, respondent Sh.

Karni Singh raised dispute about termination of his services on the ground of violation of section 25-F & G of

Industrial Disputes Act, 1947. The contention of the appellant was that Sh. Karni Singh was employed by the

contractor to look after the security of the property of the appellant & he was not employed by the Federation, hence,

appellant is not liable for consequences arising out of termination of services of Sh. Karni Singh. Even if, the

termination is illegal which has taken place by his immediate employer contractor. This plea was rejected by labour

court on the basis of defence raised by workman under amended provision of Rajasthan State u/s 2(s) of I.D.Act, 1947.

Sh. Karni Singh had died during pendency of reference proceeding. The tribunal awarded a lump sum compensation to

the next of the kin of the deceased Sh. Karni Singh. Aggrieved by the award of tribunal appellant preferred writ petition

before the Hon’ble High Court under Article 226 & 227 of Indian Constitution which was dismissed by Hon’ble Single

Judge on the basis that there was no failure of substantial justice & he did not inquire into the correctness of the

contention raised by the learned counsel for the appellant that deceased was not the employee of the appellant & he was

working through contractor. Appellant filed appeal against the order of dismissal of Hon’ble Single Judge. Dismissing

the appeal it was held by Hon’ble Division Bench in para 10 & 11 of the judgement as under :-

“10. Apart from the fact that we are in agreement with the learned Single Judge that while exercising the

discretion under Articles 226 & 227 in entertaining the writ petition to keep the interest of substantial justice as

paramount consideration for invoking the extraordinary jurisdiction and discretion has appropriately not been

exercised in favour of the petitioner, we do not find any substance on merit of the contention.

11. So far as the Rajasthan is concerned the definition of ‘workman’ as provided in Section 2(s) of the Act of

1947 was amended by the Rajasthan Act No.34 of 1958 through its Section 3 w.e.f. 1.7.1960. The definition of

workman u/s 2(s) of the Act of 1947 as applicable in the State of Rajasthan since said amendment included any

person employed in any industry by a employer or by a contractor in relation to the execution of his contract with

such employer. The case of the appellant is that deceased Karni Singh was employed by a contractor in relation to

execution of his contract for maintaining security of the Federation’s property which contract was between the

Federation and the Contractor. The definition as amended in Rajasthan is clearly to include within the ambit of

employees of the establishment also the workman employed by the Contractor in execution of the contract

undertaken by the Contractor for the employer in which category even on the contention of the management,

case of Karni Singh would fall.”

39.

In Civil Appeal Nos. 10264 – 10266 of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. &

Ors………..Respondent(s), in relation to industrial dispute referred by Central Government the question referred to

Industrial Tribunal for award was whether workman as employed by respondent No.3 ( Chefair Flight Catering) to

provide canteen services at the establishment of respondent No.1 ( Air India Ltd.) could be treated as deemed employee

of the said respondent No.1. Vide order dated 5.5.2004 it was held by CGIT that workmen were employees of

respondent No.1 Air India & therefore, their claim was justified. It was further held that during the pendency of the

dispute termination of the services of the workmen was illegal. Award of the tribunal was set aside by Hon’ble Single

Judge & held that the said workmen would not be entitled to be treated as or deemed to be the employees of the Air

India. Appeal against the order of Hon’ble Single Judge was dismissed by Hon’ble Division Bench confirming the

order of Hon’ble Single Judge who observed that the responsibility to run the canteen was absolutely with the HCI &

the Air India & the HCI shared an entirely contractual relationship. Therefore, the claim of the appellants to be treated

as employees of the Air India & to be regularised was rejected by the learned single judge. In appeal before the Hon’ble

Supreme Court against the order of Hon’ble Division Bench of High Court there was difference of opinion between the

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Hon’ble Judges of Supreme Court, hence, the appeal were placed before the Hon’ble Full Bench of Supreme Court by

referral order dated 13.11.2013. The question before the Hon’ble Full Bench was whether the workman engaged in

statutory canteens through a contractor could be treated as employee of the principle establishment. It is pertinent to

note that before the referral order Hon’ble Judges differed in their opinion regarding the liability of principle employer

running statutory canteen & further regarding the status of the workmen engage thereof. The Hon’ble judges differed

on the aspect of supervision & control which were exercised by Air India Ltd, respondent No.1 & the Hotel

Corporation of India Ltd respondent No.2 over the said workmen employed in these canteens. Referring to its various

pronouncements it was held by Hon’ble Full Bench of Supreme Court as under :-

“85.Therefore, in our considered view and in light of the above, the appellants-workmen could not be said to be

under the effective and absolute control of Air India. The Air India merely has control of supervision over the

working of the given statutory canteen. Issues regarding appointment of the said workmen, their dismissal,

payment of their salaries, etc. are within the control of the HCI. It cannot be then said that the appellants are the

workmen of Air India and therefore are entitled to regularization of their services.

86. It would be pertinent to mention, at this stage, that there is no parity in the nature of work, mode of

appointment, experience, qualifications, etc., between the regular employees of the Air India and the workers of

the given canteen. Therefore, the appellants-workmen cannot be placed at the same footing as the Air India’s

regular employees, and there by claim the same benefits as bestowed upon the latter. It would also be gainsaid to

note the fact that the appellants-herein made no claim or prayer against either of the other respondents, that is,

the HCI or the Chefair.

87. In terms of the above, the reference is answered as follows :

The workers engaged by a contractor to work in the statutory canteen of a factory would be the workers of the

said factory, but only for the purposes of the Act, 1948, and not for other purposes, and further for the said

workers, to be called the employees of the factory for all purposes, they would need to satisfy the test of

employer-employee relationship and it must be shown that the employer exercises absolute and effective control

over the said workers.

88. In view of the above, while answering the referral order, we dismiss these appeals. No order as to costs.”

40.

In the present case, admittedly applicant has been appointed by respondent No.3 & has been an employee fully

within the control & supervision of the respondent No.3. He was in receipt of pay & emoluments from respondent No.3

& respondent No.1 & 2 have no control of any nature disciplinary or otherwise over the applicant, hence, respondent

No.1 & 2 cannot be held responsible for liability of respondent No.3 having exclusive control over the applicant. Out of

rulings referred from both the side, the law laid down by Hon’ble Supreme Court is attracted in fact & circumstances of

the present case. Accordingly, I am of the view that respondent No.3 is responsible for the liabilities, if any, which

arises out of termination of the services of the applicant & railway has neither terminated the services of the applicant

nor is responsible for such termination.

41.

About the nature of relief to be given to the applicant it has been argued by learned representative of the applicant

that applicant should be reinstated with full back wages & continuity in service. Against this it has been argued by

learned representative of Railway that Railway is not responsible in any manner to provide engagement to the applicant

in railway. It has been argued by learned representative of M/s. Gulab Rai & Co. that company is no more on business

of the railway on contract & the premises of the railway has also been vacated & handed over to the railway, hence,

applicant can’t be reinstated in service. From perusal of the file it is evident that Hon’ble Division Bench of High Court

(Jodhpur) has vide order dated 15.12.2014 has ordered M/s. Gulab Rai & Co. to vacate the premises by 23.12.2014 &

hand over the possession & canteen to railway which has been complied by the company. There is no evidence on

record to show that M/s. Gulab Rai & Co. is having any other premises elsewhere where business of present nature or

any other nature is carried out. As per finding given above it is clear that action of the management of M/s. Gulab Rai

& Company in terminating the services of applicant is justified & legal. There is no violation of provisions of 25-F of

Industrial Disputes Act in terminating the services of applicant by M/s. Gulabrai & company.

42.

In the result, the reference is answered in affirmative against the applicant workman & it is held that the action of

the management of Ms. Gulabrai and company, Refreshment Room Contractor, Railway station, Jodhpur ( a contractor

of North Western Railway, Jodhpur ) in terminating the services of shri Kailash Sharma S/o Shri Jawari Lal Sharma

w.e.f. 3.12.2007 is legal and justified. It is further held that the applicant Sh. Kailash Sharma is not entitled to any

relief. Application of the applicant is accordingly dismissed.

43.

Award as above.

BHARAT PANDEY, Presiding Officer

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New Delhi, the 14th February, 2017

S.O. 389.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 29/2012) of the Central Government Industrial Tribunal-cum-

Labour Court, Jaipur as shown in the Annexure, in the industrial dispute between the management of North West

Railway and their workmen, received by the Central Government on 14.02.2017.

[No. L-41012/63/2011-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JAIPUR

BHARAT PANDEY, Presiding Officer

I.D. 29/2012

Reference No. L-41012/63/2011-IR(B-I) dated: 30.1.2012

Shri Ghanshyam Sharma

S/o Shri Chandmal Sharma

C/o Kot Mohalla, Didwana,

District Nagore (Rajasthan)

V/s

3.

Sr. Divisional Commercial Manager

North West Railway

Jodhpur.

4.

Ms. Gulabrai and Company

Railway cattering contractor

Office Flat No.11, Akashdeep

Apartment,Teesri D Road,

Sardarpura, Jodhpur.

Present :

For the Applicant

:

Sh. Kunal Rawat, Adv.

For the Non-applicant Railway

:

Sh. L.P.Singhal, Adv.

For non-applicant Ms.Gulabrai & Company

:

Ex-parte/Sh. K.K.Paliwal, Manager

AWARD

27.5.2016

1.

The Central Government in exercise of the powers conferred under clause (d) of Sub-Section 1 & 2(A) of Section

10 of the Industrial Disputes Act 1947 has referred the following Industrial dispute to this tribunal for adjudication:-

“Whether the action of the management of Sr. Divisional Commercial Manager/ Ms. Gulabrai and

company, Jodhpur in terminating the services of Shri Ghanshyam Sharma S/o shri Chandmal Sharma

w.e.f. 08.01.2011 is legal and justified? To what relief the workman is entitled?”

2.

Briefly fact of the case is that applicant workman was employed under respondent No.2 M/s. Gulab Rai & Co. on

1.7.1987 & started working since then. The main business of employer contractor was ‘ Train Side vending’ & running

786 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

the railway refreshment room at Jodhpur Railway Station. The work of the applicant was to maintain cleanliness &

serve meal at refreshment room to the passengers of the train. He was engaged with train side vending also. According

to contention of applicant at the time of filing of statement of claim respondent No.2 was on contract with North

Western Railway, hence, provision of Industrial Dispute Act are applicable to the respondent. Further it has been

alleged that applicant worked from 1.7.1987 to 7.1.2011 with the respondents & he was terminated from the service of

the respondent on 8.1.2011. His complaint against the termination before the Assistant Labour Commissioner and

Conciliation Officer (Central), Ajmer failed to secure his reinstatement which resulted into above reference for

adjudication.

3.

Further it has been alleged by applicant workman in para 6(a) that there was complete control & supervision of

respondent employer over the work of the workman & the applicant was working according to orders & directions of

the respondent officers. He was working for eight hours daily & paid on monthly basis. The nature of his work was of

continuing nature & facility of ESI & PF was available to him from the respondent. Applicant has worked for more

than 240 days with respondent prior to his removal from service. Applicant has further said that his removal from

service by respondent is in violation of section 25-F , 25-G , 25-H of Industrial Disputes Act, 1947 & Rule 77 & 78 of

The Industrial Disputes (Central ) Rules, 1957.

4.

In para 6 of statement of claim applicant has alleged that neither any notice or pay in lieu of notice was given to

him nor any seniority list was prepared. The nature of work performed by him was of permanent character &

respondent still needs the workmen to perform the work which was carried out by the applicant. Applicant has been

victim of unfair labour practice & to escape from the regularisation of the services of applicant respondent has

terminated him from service without conducting any domestic enquiry. Services of the applicant has been terminated in

violation of Article 39-D & 21 of Indian Constitution. Applicant has prayed to declare the order of termination dated

8.1.2011 as void & illegal & order the reinstatement of the applicant with back wages & continuity in service.

5.

In para wise reply to statement of claim by Respondent No.1, Sr. Divisional Commercial Manager, NWR,

Jodhpur, statements in para 1,3,4, of statement of claim have been denied. Against para 2 it has been alleged that it

requires no answer & against para 5 it has been alleged that there is no dispute about the term of reference referred by

Central Government for adjudication. Further it has been alleged that respondent No.2 M/s. Gulab Rai & Co. was

licensee of the railway administration on contract. Respondent No.2 was permitted to do only ‘Train side Vending’ till

15.10.2011 under the order of NWR Headquarter, Jaipur, hence except above contention respondent No.2 is answerable

to remaining allegations of para 1 of the statement of claim. Respondent No.1 has specifically denied that applicant

workman has worked under respondent No.1 from 1.7.1987 to 7.1.2011 & has alleged that applicant has never worked

under the employment of respondent No.1 & respondent No.1 never removed him from the work on 8.1.2011 because

respondent No.1 neither appointed him nor engaged him for any work.

6.

Against reply to para 6 of statement of claim it has been alleged that question of compliance of section 25-F of

I.D.Act by respondent No.1 does not arise. In reply to para 6 (A) to 6(O) of the statement of claim it has been alleged

that they are not concerned with respondent No.1 & concerned with respondent No.2 only. Against para 6(P) of

statement of claim it has been alleged that removal of applicant from service has been done by respondent No.2 for

which respondent No.1 is not answerable. At last, it has been prayed that claim of the applicant be dismissed with

heavy cost against respondent No.1.

7.

Apart from above para wise reply to statement of claim two preliminary objections have been raised by

respondent No.1 that respondent No.1 is not the employer of the applicant & the applicant is not the workman of the

respondent No.1 & respondent No. 1 has not issued any appointment letter to the applicant. Respondent No.1 has been

wrongly impleaded in the case & case is bad for misjoinder of unnecessary party & petition of the applicant is

accordingly liable to be rejected. In preliminary objection No.2 it has been alleged that respondent No.1 has been

impleaded as party only to invoke the jurisdiction of the tribunal & applicant has no concern with respondent No.1,

hence, application is liable to be dismissed on the ground of jurisdiction.

8.

In reply to statement of claim by respondent No.2 para 2 & 3 of statement of claim have been specifically denied

& para 5 have been partially admitted. Against para 6 it has been alleged that para 6(A) to 6(Q) are not applicable to

respondent No.2. Against para 1 it has been specifically denied that applicant is working since 1.7.1987. Further it has

been alleged that existence of M/s. Gulab Rai & Co. is based on contract of the railway. The business of the company

to supply meals & eatables to the passengers in the train & refreshment room at the station at the rate fixed by railway

in which no permanent employments are made because work of the respondent No.1 is not a regular business in any

manner. The business of the company is based only on the contract of the railway which are given time to time & in

this contract sometimes number of trains are increased or decreased in relation to which railway charges the fee on

monthly, third monthly or six monthly basis. Owing to above situation respondent No.2 is not capable of regularising

the business according to his choice. The work of the respondent No.2 is to run the business according to contract of

the rail department. Accordingly, based on the work of contract respondent No.2 engages the workman & when there is

no contract there remains no business with the respondent No.2. In above circumstances, regular workmen are not

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787

engaged & therefore, workmen are engaged sometimes on daily & sometimes on monthly basis or on commission

basis, hence, provision of Industrial Disputes Act does not apply to the business of the respondent.

9.

In para 2 of statement of claim applicant has claimed to have been working with due dedication & there has been

no occasion to opposite party to make any complaint against his working. Specifically denying the above allegation

opposite party No.2 M/s. Gulab Rai & Co. has said that on many occasion during surprise check it has been found that

the applicant has been collecting more amount than the prescribed rate & Rule of the Railway & for that there have

been oral complaints & applicant has been warned on those occasions. Applicant despite direction of the respondent

No.2 has been habitually bringing from outside market eatables & vending them in the train for which respondent No.2

has paid penalty beside facing embarrassment. It has been further alleged that he has been habitually absenting himself

without prior information.

10.

Against para 3 of statement of claim it has been alleged that applicant had not been appointed permanently on

1.7.1987 or anytime thereafter & has not worked continuously till 7.1.2011. Further it has been alleged that the contract

of the respondent No.2 has not been existing continuously from 1.7.1987 to 7.1.2011, hence, there was no continuous

work, accordingly contention of the applicant is wrong that he had worked continuously. Further it has been alleged

that applicant was never appointed on regular basis. Based on the quantum of the work of contract & number of trains

work was taken on daily, monthly & on many occasion commission basis. Applicant too has been absenting from the

work without prior information for long time & has been working according to his choice on different places in the

city, hence, allegation of removal of the applicant from the work & termination of his services by respondent No.2 is

wrong.

11.

It has been further alleged that after being fully aware with the situation, with motive of lowering the prestige &

image of the respondent No.2, applicant called the correspondent of D.B.Star & published misleading & false

allegations against the company which is against the interest of the company. The above act of the applicant against the

interest of the company shows lack of dedication of the applicant towards the company. On many occasions there were

complaints by railway against the applicant during checking operation when applicant has been found engaged in

earning illegal money by vending in wrong manner & collecting more money from the passengers than the prescribed

rates for the articles.

12.

Against para 5 of statement of claim it has been alleged that notice dated 5.4.2011 was sent to the applicant by

respondent No.2 which was received by applicant but neither he appeared nor answered the notice. Despite that

applicant complained before the Assistant Labour Commissioner (Central) & Conciliation Officer, Ajmer & during

conciliation proceedings applicant clearly denied to work according to rules of the company & Railway & requested to

send failure report to Central Government. Against para 6 of statement of claim it has been alleged that according to

reply of the respondent No.2 about para 1 to 5 of the claim termination of the applicant is not illegal. About para 6(A)

to 6(Q) respondent No.2 has alleged that they do not apply to the respondent & has prayed to dismiss the claim of the

applicant.

13.

In rejoinder, applicant has denied the statements of reply submitted by respondent No.1. In rejoinder against the

reply to respondent No.2 also applicant has denied the contention of respondent No.2 .

14.

In support of statement of claim as documentary evidence applicant has filed document W-1 to W-21 along with

index which are photocopy of identity card, medical fitness certificate, engagement form, contribution to EPF,

character certificate & ESI card relating to different period. Beside these documents applicant has filed his affidavit in

evidence & has been cross-examined by respondent No.1 DCM, NWR, Jodhpur.

15.

Respondent No.1 at the time of argument has filed eight pages of documentary evidence in form of photocopy

relating to handing over the possession of the Refreshment Room at Jodhpur Railway Station & photocopy of

judgement dated 15.12.2014 in D.B.Civil Special Appeal (W) No. 1683/2014, 1694/2014 & 1701/2014 of Hon’ble

Rajasthan High Court, Jodhpur. No oral evidence has been adduced by respondent No.1.

16.

As documentary evidence, respondent No.2 has filed documents totalling 23 pages on 30.1.2014. The case has

proceeded ex-parte against the respondent No.2 w.e.f. 1.10.2014. Application of respondent No.2 for cancelling the

order dated 1.10.2014 for proceeding ex-parte has been rejected on 7.1.2015. Since, then case has proceeded ex-parte

against respondent No.2. No oral evidence has been adduced by respondent No.2 because of case proceeding ex-parte

against him. Respondent No.2 thereafter has participated only at the final hearing of the argument on 12.1.2016 &

4.2.2016.

17.

Following ruling has been filed from applicant side :-

i. 2001 (2) page 128, Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative Dairy Federation

Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents.

788 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

18.

Following reportable judgement dated 25.8.2014 of full bench of Hon’ble Supreme Court of India has been filed

by respondent No.1 :-

i.

Civil Appeal Nos. 10264 – 10266 of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air

India Ltd. & Ors………..Respondent(s).

19.

Heard the argument of learned representative of the applicant & learned representatives of both the opposite

parties & perused the record carefully.

20.

It has been argued by learned representative of the applicant that services of the applicant has been terminated on

8.1.2011 by respondent No.2, M/s. Gulab Rai & Co. against the provision of section 25-F, 25-G & 25-H of Industrial

Disputes Act & Rule 77 & 78 of The Industrial Disputes (Central ) Rules, 1957. Respondent No.2 has not given any

notice before termination of the services of the applicant. Applicant has worked continuously for more than 240 days

immediately preceding the date of termination, hence, termination of the service is without complying the provision of

section 25-F of Industrial Disputes Act. It has been further argued that railway is responsible as principal employer

because nature of the work of ‘Train Side Vending’ carried out by the workman is of permanent nature hence, there

was no reason to terminate the services of the applicant. Reliance has been placed on case reported in 2001 (2) page

128 Western Law Cases (Raj.), Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative Dairy Federation

Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents. Against this it has

been argued by learned representative of respondent No.1 that there is no proof on record that applicant had worked for

240 days immediately preceding the date of termination. It has been further argued that applicant is the employee of

M/s. Gulab Rai & Co. & there is no legal reason to shift the liability regarding termination of services of applicant on

Railway because services of the applicant has not been terminated by any of the railway authority. Reliance has been

placed by learned representative of respondent No.1 on judgement dated 25.8.2014 by Hon’ble Supreme Court (F.B.)

in Civil Appeal Nos. 10264 – 10266 of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. &

Ors………..Respondent(s) with further submission that case cited by learned representative for applicant does not

apply in the circumstances of the present case.

21.

It has been argued on behalf of M/s. Gulab Rai & Co. that when services of the applicant was terminated there

was no work with the company & contract with the railway had ceased & work was going on only on extension granted

by the railway, hence, there remained no scope to continue the employment of the applicant. Further it has been said

that owing to end of the contract respondent No.2 has vacated the premises of the railway at Jodhpur & he is not

running any vending business relating to railway hence, respondent is not in position to provide any further engagement

to the applicant. During course of argument attempt was made by learned representative of respondent No.2 M/s.

Gulabrai & Company to submit to the court document relating to vacation of premises of Railway which was

unsuccessful due to resistance of learned representative of applicant on the ground that due to ex-parte proceeding

respondent No.2 is not entitled to file the papers. Against this, it has been argued by learned representative of the

applicant that notice of the argument should not be taken by the tribunal because no evidence has been adduced by

respondent No.2.

22.

Before I proceed to discuss the issues arising out of arguments of the learned representatives of the parties it is

important to mention here that case against respondent No.2 is proceeding ex-parte since 1.10.2014 & no oral evidence

has been adduced in support of reply to statement of claim. No oral evidence has been adduced by respondent No.1also.

Applicant has been cross examined only by railway & no cross examination has been done by M/s. Gulab Rai & Co.

23.

As far as the question of the applicant being in the employment of respondent No.2 is concerned in reply to

statement of claim respondent has denied that applicant is working with him since his date of appointment on 1.7.1987.

According to statement of claim applicant is in the employemt of respondent No.2 since 1.7.1987 & has worked

continuously till 7.1.2011 & his services were terminated on 8.1.2011. During cross-examination by respondent No.1

applicant has stated that he was employed by M/s. Gulab Rai & Co. but he was not given any appointment letter in

writing. He has further alleged that he was paid by company on monthly basis & before making the monthly payment

company was securing the signature of the applicant on receipt as proof of payment. He has further alleged that he has

worked from 1.7.1987 to 7.1.2011 & before his removal from the service notice was not given to the applicant.

Applicant has not been cross-examined by respondent No.2. A close scrutiny of the reply to statement of claim by

respondent No.2 indicates that although respondent No.2 has denied the working of the applicant since 1.7.1987 but he

has admitted in para 2 of reply to statement of claim that applicant is habitual in absenting himself without prior

information & he has been habitually vending the eatables brought from outside market in the train for which

respondent No.2 has paid penalty on many occasions beside facing embarrassment. He has further alleged in para 5 of

reply that he had sent a notice to the applicant on 5.4.2011 which was not replied by him. Respondent has not filed

copy of notice on record. Nature & description of the notice has not been mentioned by the respondent. He has also

alleged in para 4 of reply that applicant lacks dedication & works against the interest of the company. Documents

alongwith affidavit in evidence filed by applicant include identity card, medical fitness certificate, engagement form,

contribution to EPF, character certificate & ESI card relating to different period. All these documents & above noted

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contentions of the respondent No.2 in his reply to statement of claim are sufficient evidence to indicate that the

applicant has been in the employment of respondent No.2 before termination of his services.

24.

Period of 240 days from the date of termination on 8.1.2011 shall be the period during 12 calendar month

immediately preceding the date of termination which means that applicant must be continuously in the service of the

respondent No. 2 for 12 calendar month immediately prior to 8.1.2011 & in that period must have worked for 240 days.

On the point of issue whether applicant has completed 240 days during 12 calendar month immediately preceding the

date of termination it is pertinent to note that respondent No.2 has been directed by order of the tribunal dated 4.12.13

& 19.3.14 to file documents in tribunal as per request of the applicant on application dated 11.4.12 wherein attendance

register, pay register & other documents have been requested to be summoned. Respondent No.2 has filed certain

documents on 30.1.14 but these documents are serving the own purposes of respondent No.2 & attendance register &

pay register have not been filed. Tribunal has not been informed on affidavit or otherwise about availability or non-

availability of documents relating to attendance & pay. The above situation & circumstance including ignorance of

respondent No.2 in filing the documents relating to pay & attendance & not informing about their non-availability

accompanied with uncrossed examined testimony of applicant by respondent No.2 is sufficient to draw an inference in

favour of applicant & against the respondent No.2 that applicant has worked for 240 days immediately preceding the

date of his termination on 8.1.11. There are certain other documents available on record which can show that applicant

was in engagement with respondent immediately prior to the date of termination for a period of 240 days which include

letter dated 9.7.2010 written by M/s. Gulab Rai & Co. to the Chief Regional Manager, IRCTC, Jaipur for renewal of

passes of the applicants for ‘Train Side Vending’. This indicates that applicant was in possession of pass which was

valid till 15.7.2010. Beside letter dated 9.7.2010 another letter dated 10.1.2011 has been written by the M/s. Gulab Rai

& Co. to DRM, NWR, Jodhpur for issue of passes of the applicants working with the company wherein it has been

alleged that they are doing train side vending for past 10 years. Validity of these passes are generally for a period of

one year. Ex-w-1 is the medical fitness certificate dated 1.7.1987 which indicates the date of entry of applicant into

service of respondent No.2. EX-w-3 is medical fitness certificate issued on 7.1.2010 which is valid till 31.12.2010. EX-

w-3 indicates that applicant was in the service of respondent No.2 in January, 2010. Ex-w-7 is medical fitness

certificate issued on 5.1.2011 which is valid till 31.12.2011. Ex-w-7 indicates that applicant was in the employment of

the respondent No.2 till 7.1.2011. Based on above discussion, available documents & evidence on record I am of the

view that applicant has served with respondent No. 2 for a period of 240 days immediately preceding the date of his

termination. Inference u/s 114 (1)(G) of Evidence Act is another aspect existing in favour of applicant.

25.

As far as the violation of section 25-G & 25-H & rule 77 & 78 is concerned applicant has not provided any

information in statement of claim that who was the last comer in the service who was to go first in case of

retrenchment. He has not given name of person junior to him retained in service. Applicant has also not given any

information in claim that any person has been appointed by M/s. Gulab Rai & Co. subsequent to removal of the

applicant. Thus, I am of the view that applicant has failed to prove that there is violation of section 25-G & 25-H of

Industrial Disputes Act. Respondent No.2 has alleged in reply to statement of claim that provision of rule 77 & 78 do

not apply to the respondent No.2. Respondent No.1 has alleged in reply that it is not related with respondent No.1 &

needs no reply. Rule 78 deals with re-employment of retrench workman. There is no evidence that respondent No.2 has

made any appointment after retrenchment of the applicant, hence, there is no violation of rule 78. In absence of

evidence for violation of section 26-G the question of violation of rule 77 has no bearing on the right of the applicant.

26. From above discussions it is clear that termination of the services of the applicant is against the provision of

section 25-F of Industrial Disputes Act. Admittedly, dismissal of the services of the applicant has been done by

respondent No. 2. It has been argued by learned representative of the applicant that railway should be held responsible

for termination of the services of the applicant as the work of the applicant in refreshment room or ‘ Train Side

Vending’ are works of permanent nature which are always available with railway & applicant should be treated as

employee of railway as principal employer. Learned representative of the applicant has relied on the case reported in

2001 (2) page 128, Western Law Cases (Raj.), Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative

Dairy Federation Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents.

Against above argument it has been argued by learned representative of the railway that applicant has himself admitted

that he was employed by M/s. Gulab Rai & Co. & his services were terminated by the company. In above fact &

circumstance, contention of the learned representative of the applicant is not sustainable that applicant should be treated

as employee of railway as principal employer. He has further submitted that case law cited by applicant side is not

applicable in the present case. He has further argued that there is no evidence of supervision & control of railway on

the applicant & his working & he is not on the pay roll of the railway, hence, railway is not responsible for the

termination of the services of the applicant & he has not been terminated by any officer of the railway. Reliance has

been placed on para 86 of judgement of Hon’ble Supreme Court dated 25.8.2014 in Civil Appeal Nos. 10264 – 10266

of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. & Ors………..Respondent(s).

790 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

27.

The main question to be answered in light of arguments advanced by learned representative of both the parties

is whether Railway is responsible for the termination of the services of the applicant which has been admittedly done

by M/s. Gulab Rai & Co.

28.

In 2001 (2) page 128, Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative Dairy Federation

Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents, respondent Sh.

Karni Singh raised dispute about termination of his services on the ground of violation of section 25-F & G of

Industrial Disputes Act, 1947. The contention of the appellant was that Sh. Karni Singh was employed by the

contractor to look after the security of the property of the appellant & he was not employed by the Federation, hence,

appellant is not liable for consequences arising out of termination of services of Sh. Karni Singh. Even if, the

termination is illegal which has taken place by his immediate employer contractor. This plea was rejected by labour

court on the basis of defence raised by workman under amended provision of Rajasthan State u/s 2(s) of I.D.Act, 1947.

Sh. Karni Singh had died during pendency of reference proceeding. The tribunal awarded a lump sum compensation to

the next of the kin of the deceased Sh. Karni Singh. Aggrieved by the award of tribunal appellant preferred writ petition

before the Hon’ble High Court under Article 226 & 227 of Indian Constitution which was dismissed by Hon’ble Single

Judge on the basis that there was no failure of substantial justice & he did not inquire into the correctness of the

contention raised by the learned counsel for the appellant that deceased was not the employee of the appellant & he was

working through contractor. Appellant filed appeal against the order of dismissal of Hon’ble Single Judge. Dismissing

the appeal it was held by Hon’ble Division Bench in para 10 & 11 of the judgement as under :-

“10.Apart from the fact that we are in agreement with the learned Single Judge that while exercising the

discretion under Articles 226 & 227 in entertaining the writ petition to keep the interest of substantial justice as

paramount consideration for invoking the extraordinary jurisdiction and discretion has appropriately not been

exercised in favour of the petitioner, we do not find any substance on merit of the contention.

11. So far as the Rajasthan is concerned the definition of ‘workman’ as provided in Section 2(s) of the Act of

1947 was amended by the Rajasthan Act No.34 of 1958 through its Section 3 w.e.f. 1.7.1960. The definition of

workman u/s 2(s) of the Act of 1947 as applicable in the State of Rajasthan since said amendment included any

person employed in any industry by a employer or by a contractor in relation to the execution of his contract with

such employer. The case of the appellant is that deceased Karni Singh was employed by a contractor in relation to

execution of his contract for maintaining security of the Federation’s property which contract was between the

Federation and the Contractor. The definition as amended in Rajasthan is clearly to include within the ambit of

employees of the establishment also the workman employed by the Contractor in execution of the contract

undertaken by the Contractor for the employer in which category even on the contention of the management,

case of Karni Singh would fall.”

29.

In Civil Appeal Nos. 10264 – 10266 of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. &

Ors………..Respondent(s), in relation to industrial dispute referred by Central Government the question referred to

Industrial Tribunal for award was whether workman as employed by respondent No.3 ( Chefair Flight Catering) to

provide canteen services at the establishment of respondent No.1 ( Air India Ltd.) could be treated as deemed employee

of the said respondent No.1. Vide order dated 5.5.2004 it was held by CGIT that workmen were employees of

respondent No.1 Air India & therefore, their claim was justified. It was further held that during the pendency of the

dispute termination of the services of the workmen was illegal. Award of the tribunal was set aside by Hon’ble Single

Judge & held that the said workmen would not be entitled to be treated as or deemed to be the employees of the Air

India. Appeal against the order of Hon’ble Single Judge was dismissed by Hon’ble Division Bench confirming the

order of Hon’ble Single Judge who observed that the responsibility to run the canteen was absolutely with the HCI &

the Air India & the HCI shared an entirely contractual relationship. Therefore, the claim of the appellants to be treated

as employees of the Air India & to be regularised was rejected by the learned single judge. In appeal before the Hon’ble

Supreme Court against the order of Hon’ble Division Bench of High Court there was difference of opinion between the

Hon’ble Judges of Supreme Court, hence, the appeal were placed before the Hon’ble Full Bench of Supreme Court by

referral order dated 13.11.2013. The question before the Hon’ble Full Bench was whether the workman engaged in

statutory canteens through a contractor could be treated as employee of the principle establishment. It is pertinent to

note that before the referral order Hon’ble Judges differed in their opinion regarding the liability of principle employer

running statutory canteen & further regarding the status of the workmen engage thereof. The Hon’ble judges differed

on the aspect of supervision & control which were exercised by Air India Ltd, respondent No.1 & the Hotel

Corporation of India Ltd respondent No.2 over the said workmen employed in these canteens. Referring to its various

pronouncements it was held by Hon’ble Full Bench of Supreme Court as under :-

“85. Therefore, in our considered view and in light of the above, the appellants-workmen could not be said to

be under the effective and absolute control of Air India. The Air India merely has control of supervision over the

working of the given statutory canteen. Issues regarding appointment of the said workmen, their dismissal,

payment of their salaries, etc. are within the control of the HCI. It cannot be then said that the appellants are the

workmen of Air India and therefore are entitled to regularization of their services.

¹Hkkx IIµ[k.M 3(ii)º

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791

86. It would be pertinent to mention, at this stage, that there is no parity in the nature of work, mode of

appointment, experience, qualifications, etc., between the regular employees of the Air India and the workers of

the given canteen. Therefore, the appellants-workmen cannot be placed at the same footing as the Air India’s

regular employees, and there by claim the same benefits as bestowed upon the latter. It would also be gainsaid to

note the fact that the appellants-herein made no claim or prayer against either of the other respondents, that is,

the HCI or the Chefair.

87. In terms of the above, the reference is answered as follows :

The workers engaged by a contractor to work in the statutory canteen of a factory would be the workers of the

said factory, but only for the purposes of the Act, 1948, and not for other purposes, and further for the said

workers, to be called the employees of the factory for all purposes, they would need to satisfy the test of

employer-employee relationship and it must be shown that the employer exercises absolute and effective control

over the said workers.

88. In view of the above, while answering the referral order, we dismiss these appeals. No order as to costs.”

30.

In the present case, admittedly applicant has been appointed by respondent No.2 & has been an employee fully

within the control & supervision of the respondent No.2. He was in receipt of pay & emoluments from respondent No.2

& respondent No.1 has no control of any nature disciplinary or otherwise over the applicant, hence, respondent No.1

cannot be held responsible for liability of respondent No.2 having exclusive control over the applicant. Out of rulings

referred from both the side, the law laid down by Hon’ble Supreme Court is attracted in fact & circumstances of the

present case. Accordingly, I am of the view that respondent No.2 is responsible for the liabilities arising out of illegal

termination of the services of the applicant & railway has neither terminated the services of the applicant nor is

responsible for such termination.

31.

About the nature of relief to be given to the applicant it has been argued by learned representative of the applicant

that applicant should be reinstated with full back wages & continuity in service. Against this it has been argued by

learned representative of Railway that Railway is not responsible in any manner to provide engagement to the applicant

in railway. It has been argued by learned representative of M/s. Gulab Rai & Co. that company is no more on business

of the railway on contract & the premises of the railway has also been vacated & handed over to the railway, hence,

applicant can’t be reinstated in service. From perusal of the file it is evident that Hon’ble Division Bench of High Court

(Jodhpur) has vide order dated 15.12.2014 has ordered M/s. Gulab Rai & Co. to vacate the premises by 23.12.2014 &

hand over the possession of canteen to railway which has been complied by the company. There is no evidence on

record to show that M/s. Gulab Rai & Co. is having any other premises elsewhere where business of present nature or

any other nature is carried out. As per finding given above it is clear that action of the management of M/s. Gulab Rai

& Co., Jodhpur in terminating the services of applicant is unjustified & illegal & in violation of provisions of 25-F of

Industrial Disputes Act. The legal position is undisputed that in case of non-compliance of section 25-F applicant

workman may be reinstated with other consequential benefits but in fact & circumstances of the present case where

reinstatement is impracticable it appears just & proper to award suitable compensation to the applicant to meet the end

of justice.

32.

The date of birth of applicant is 17.7.1962 which means that applicant is of the age of above 48 years at the time

of termination from service & he has been inducted in the service on 1.7.1987 as per statement of claim. Thus, he has

completed about 23 years & 6 months of service. Applicant has not mentioned in statement of claim that what was his

salary at the time of entry into the service & at the time of his termination from the service. In above fact &

circumstance, I am of the view that an award of a lump sum compensation amount of Rs.30500/- to the applicant to be

paid by respondent No.2 Ms. Gulabrai & Company will be sufficient to meet the end of justice.

33.

In the result, the reference is answered in affirmative in favour of applicant workman & it is held that the action

of the management of M/s. Gulab Rai & Co., Jodhpur in terminating the services of Sh. Ghanshyam Sharma S/o Sh.

Chandmal Sharma w.e.f. 8.1.2011 is illegal & unjustified. Therefore, M/s. Gulab Rai & Co. is directed to pay as

compensation to the applicant Sh. Ghanshyam Sharma a sum of Rs.30500/- (Thirty Thousand & Five Hundred Only)

instead & in lieu of his reinstatement in service. The payment shall be made within two months from the date of

publication of award failing which the applicant shall be entitled to the amount of compensation with 8% simple

interest per annum. Management of Sr. Divisional Commercial Manager, North West Railway, Jodhpur is not

responsible for termination of the services of Sh. Ghanshyam Sharma. Application of the applicant is accordingly

allowed.

34.

Award as above.

BHARAT PANDEY, Presiding Officer

792 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

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New Delhi, the 14th February, 2017

S.O. 390.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 30/2012) of the Central Government Industrial Tribunal-cum-

Labour Court, Jaipur as shown in the Annexure, in the industrial dispute between the management of North West

Railway and their workmen, received by the Central Government on 14.02.2017.

[No. L-41012/64/2011-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JAIPUR

BHARAT PANDEY, Presiding Officer

I.D. 30/2012

Reference No. L-41012/64/2011-IR(B-I) dated: 30.1.2012

Shri Hariram Singh

S/o Shri Roopnarayan Singh

C/o Near Danchiyo School

Jalori Gate Ke andor

Jodhpur (Rajasthan).

V/s

1.

Sr. Divisional Commercial Manager

North West Railway

Jodhpur.

2.

Ms. Gulabrai and Company

Railway cattering contractor

Office Flat No.11, Akashdeep

Apartment,Teesri D road,

Sardarpura, Jodhpur.

Present :

For the Applicant

:

Sh. Kunal Rawat, Adv.

For the Non-applicant Railway

:

Sh. L.P.Singhal, Adv.

For non-applicant Ms.Gulabrai & Company

:

Ex-parte/Sh. K.K.Paliwal, Manager

AWARD

27.5.2016

1.

The Central Government in exercise of the powers conferred under clause (d) of Sub Section 1 & 2(A) of Section

10 of the Industrial Disputes Act 1947 has referred the following Industrial dispute to this tribunal for adjudication:-

“Whether the action of the management of Sr. Divisional Commercial Manager/ Ms. Gulabrai and

company, Jodhpur in terminating the services of Shri Hariram Singh S/o Shri Roopnarayan Singh w.e.f.

08.01.2011 is legal and justified? To what relief the workman is entitled?”

2.

Briefly fact of the case is that applicant workman was employed under respondent No.2 M/s. Gulab Rai & Co. on

4.4.1992 & started working since then. The main business of employer contractor was ‘Train Side vending’ & running

the railway refreshment room at Jodhpur Railway Station. The work of the applicant was to maintain cleanliness &

¹Hkkx IIµ[k.M 3(ii)º

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793

serve meal at refreshment room to the passengers of the train. He was engaged with train side vending also. According

to contention of applicant at the time of filing of statement of claim respondent No.2 was on contract with North

Western Railway, hence, provision of Industrial Dispute Act are applicable to the respondent. Further it has been

alleged that applicant worked from 4.4.1992 to 7.1.2011 with the respondents & he was terminated from the service of

the respondent on 8.1.2011. His complaint against the termination before the Assistant Labour Commissioner and

Conciliation Officer (Central), Ajmer failed to secure his reinstatement which resulted into above reference for

adjudication.

3.

Further it has been alleged by applicant workman in para 6(a) that there was complete control & supervision of

respondent employer over the work of the workman & the applicant was working according to orders & directions of

the respondent officers. He was working for eight hours daily & paid on monthly basis. The nature of his work was of

continuing nature & facility of ESI & PF was available to him from the respondent. Applicant has worked for more

than 240 days with respondent prior to his removal from service. Applicant has further said that his removal from

service by respondent is in violation of section 25-F , 25-G , 25-H of Industrial Disputes Act, 1947 & Rule 77 & 78 of

The Industrial Disputes (Central ) Rules, 1957.

4.

In para 6 of statement of claim applicant has alleged that neither any notice or pay in lieu of notice was given to

him nor any seniority list was prepared. The nature of work performed by him was of permanent character &

respondent still needs the workmen to perform the work which was carried out by the applicant. Applicant has been

victim of unfair labour practice & to escape from the regularisation of the services of applicant respondent has

terminated him from service without conducting any domestic enquiry. Services of the applicant has been terminated in

violation of Article 39-D & 21 of Indian Constitution. Applicant has prayed to declare the order of termination dated

8.1.2011 as void & illegal & order the reinstatement of the applicant with back wages & continuity in service.

5.

In para wise reply to statement of claim by Respondent No.1, Divisional Commercial Manager, NWR, Jodhpur,

statements in para 1,3,4, of statement of claim have been denied. Against para 2 it has been alleged that it requires no

answer & against para 5 it has been alleged that there is no dispute about the term of reference referred by Central

Government for adjudication. Further it has been alleged that respondent No.2 M/s. Gulab Rai & Co. was licensee of

the railway administration on contract. Respondent No.2 was permitted to do only ‘Train side Vending’ till 15.10.2011

under the order of NWR Headquarter, Jaipur, hence except above contention respondent No.2 is answerable to

remaining allegations of para 1 of the statement of claim. Respondent No.1 has specifically denied that applicant

workman has worked under respondent No.1 from 4.4.1992 to 7.1.2011 & has alleged that applicant has never worked

under the employment of respondent No.1 & respondent No.1 never removed him from the work on 8.1.2011 because

respondent No.1 neither appointed him nor engaged him for any work.

6.

Against reply to para 6 of statement of claim it has been alleged that question of compliance of section 25-F of

I.D.Act by respondent No.1 does not arise. In reply to para 6 (A) to 6(O) of the statement of claim it has been alleged

that they are not concerned with respondent No.1 & concerned with respondent No.2 only. Against para 6(P) of

statement of claim it has been alleged that removal of applicant from service has been done by respondent No.2 for

which respondent No.1 is not answerable. At last, it has been prayed that claim of the applicant be dismissed with

heavy cost against respondent No.1.

7.

Apart from above para wise reply to statement of claim two preliminary objections have been raised by

respondent No.1 that respondent No.1 is not the employer of the applicant & the applicant is not the workman of the

respondent No.1 & respondent No. 1 has not issued any appointment letter to the applicant. Respondent No.1 has been

wrongly impleaded in the case & case is bad for misjoinder of unnecessary party & petition of the applicant is

accordingly liable to be rejected. In preliminary objection No.2 it has been alleged that respondent No.1 has been

impleaded as party only to invoke the jurisdiction of the tribunal & applicant has no concern with respondent No.1,

hence, application is liable to be dismissed on the ground of jurisdiction.

8.

In reply to statement of claim by respondent No.2 para 2 & 3 of statement of claim have been specifically denied

& para 5 have been partially admitted. Against para 6 it has been alleged that para 6(A) to 6(Q) are not applicable to

respondent No.2. Against para 1 it has been specifically denied that applicant is working since 4.4.1992. Further it has

been alleged that existence of M/s. Gulab Rai & Co. is based on contract of the railway. The business of the company

to supply meals & eatables to the passengers in the train & refreshment room at the station at the rate fixed by railway

in which no permanent employments are made because work of the respondent No.1 is not a regular business in any

manner. The business of the company is based only on the contract of the railway which are given time to time & in

this contract sometimes number of trains are increased or decreased in relation to which railway charges the fee on

monthly, third monthly or six monthly basis. Owing to above situation respondent No.2 is not capable of regularising

the business according to his choice. The work of the respondent No.2 is to run the business according to contract of

the rail department. Accordingly, based on the work of contract respondent No.2 engages the workman & when there is

no contract there remains no business with the respondent No.2. In above circumstances, regular workmen are not

794 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

engaged & therefore, workmen are engaged sometimes on daily & sometimes on monthly basis or on commission

basis, hence, provision of Industrial Disputes Act does not apply to the business of the respondent.

9.

In para 2 of statement of claim applicant has claimed to have been working with due dedication & there has been

no occasion to opposite party to make any complaint against his working. Specifically denying the above allegation

opposite party No.2 M/s. Gulab Rai & Co. has said that on many occasion during surprise check it has been found that

the applicant has been collecting more amount than the prescribed rate & Rule of the Railway & for that there have

been oral complaints & applicant has been warned on those occasions. Applicant despite direction of the respondent

No.2 has been habitually bringing from outside market eatables & vending them in the train for which respondent No.2

has paid penalty beside facing embarrassment. It has been further alleged that he has been habitually absenting himself

without prior information.

10.

Against para 3 of statement of claim it has been alleged that applicant had not been appointed permanently on

4.4.1992 or anytime thereafter & has not worked continuously till 7.1.2011. Further it has been alleged that the contract

of the respondent No.2 has not been existing continuously from 4.4.1992 to 7.1.2011, hence, there was no continuous

work, accordingly contention of the applicant is wrong that he had worked continuously. Further it has been alleged

that applicant was never appointed on regular basis. Based on the quantum of the work of contract & number of trains

work was taken on daily, monthly & on many occasion commission basis. Applicant too has been absenting from the

work without prior information for long time & has been working according to his choice on different places in the

city, hence, allegation of removal of the applicant from the work & termination of his services by respondent No.2 is

wrong.

11.

It has been further alleged that after being fully aware with the situation, with motive of lowering the prestige &

image of the respondent No.2, applicant called the correspondent of D.B.Star & published misleading & false

allegations against the company which is against the interest of the company. The above act of the applicant against the

interest of the company shows lack of dedication of the applicant towards the company. On many occasions there were

complaints by railway against the applicant during checking operation when applicant has been found engaged in

earning illegal money by vending in wrong manner & collecting more money from the passengers than the prescribed

rates for the articles.

12.

Against para 5 of statement of claim it has been alleged that notice dated 5.4.2011 was sent to the applicant by

respondent No.2 which was received by applicant but neither he appeared nor answered the notice. Despite that

applicant complained before the Assistant Labour Commissioner (Central) & Conciliation Officer, Ajmer & during

conciliation proceedings applicant clearly denied to work according to rules of the company & Railway & requested to

send failure report to Central Government. Against para 6 of statement of claim it has been alleged that according to

reply of the respondent No.2 about para 1 to 5 of the claim termination of the applicant is not illegal. About para 6(A)

to 6(Q) respondent No.2 has alleged that they do not apply to the respondent & has prayed to dismiss the claim of the

applicant.

13.

In rejoinder, applicant has denied the statements of reply submitted by respondent No.1. In rejoinder against the

reply to respondent No.2 also applicant has denied the contention of respondent No.2 .

14.

In support of statement of claim as documentary evidence applicant has filed document w-1 to w-16 along with

index which are photocopy of identity card, character certificate, medical certificate, ESI card for self & family relating

to different period & information received under Right to Information Act about balance of amount existing in favour

of applicant in EPF in the Financial year 2010-11. Beside these documents applicant has filed his affidavit in evidence

& has been cross examined by respondent No.1 DCM, NWR, Jodhpur.

15.

Respondent No.1 at the time of argument has filed eight pages of documentary evidence in form of photocopy

relating to handing over the possession of the Refreshment Room at Jodhpur Railway Station & photocopy of

judgement dated 15.12.2014 in D.B.Civil Special Appeal (W) No. 1683/2014, 1694/2014 & 1701/2014 of Hon’ble

Rajasthan High Court, Jodhpur. No oral evidence has been adduced by respondent No.1.

16.

As documentary evidence, respondent No.2 has filed documents totalling 23 pages on 30.1.2014. The case has

proceeded ex-parte against the respondent No.2 w.e.f. 1.10.2014. Application of respondent No.2 for cancelling the

order dated 1.10.2014 for proceeding ex-parte has been rejected on 7.1.2015. Since, then case has proceeded ex-parte

against respondent No.2. No oral evidence has been adduced by respondent No.2 because of case proceeding ex-parte

against him. Respondent No.2 thereafter has participated only at the final hearing of the argument on 12.1.2016 &

4.2.2016.

17.

Following ruling has been filed from applicant side :-

i. 2001 (2) page 128, Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative Dairy Federation

Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents.

¹Hkkx IIµ[k.M 3(ii)º

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795

18.

Following reportable judgement dated 25.8.2014 of full bench of Hon’ble Supreme Court of India has been

filed by respondent No.1 :-

i. Civil Appeal Nos. 10264 – 10266 of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. &

Ors………..Respondent(s).

19.

Heard the argument of learned representative of the applicant & learned representatives of both the opposite

parties & perused the record carefully.

20.

It has been argued by learned representative of the applicant that services of the applicant has been terminated on

8.1.2011 by respondent No.2, M/s. Gulab Rai & Co. against the provision of section 25-F, 25-G & 25-H of Industrial

Disputes Act & Rule 77 & 78 of The Industrial Disputes (Central ) Rules, 1957. Respondent No.2 has not given any

notice before termination of the services of the applicant. Applicant has worked continuously for more than 240 days

immediately preceding the date of termination, hence, termination of the service is without complying the provision of

section 25-F of Industrial Disputes Act. It has been further argued that railway is responsible as principal employer

because nature of the work of ‘Train Side Vending’ carried out by the workman is of permanent nature hence, there

was no reason to terminate the services of the applicant. Reliance has been placed on case reported in 2001 (2) page

128 Western Law Cases (Raj.), Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative Dairy Federation

Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents. Against this it has

been argued by learned representative of respondent No.1 that there is no proof on record that applicant had worked for

240 days immediately preceding the date of termination. It has been further argued that applicant is the employee of

M/s. Gulab Rai & Co. & there is no legal reason to shift the liability regarding termination of services of applicant on

Railway because services of the applicant has not been terminated by any of the railway authority. Reliance has been

placed by learned representative of respondent No.1 on judgement dated 25.8.2014 by Hon’ble Supreme Court (F.B.)

in Civil Appeal Nos. 10264 – 10266 of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. &

Ors………..Respondent(s) with further submission that case cited by learned representative for applicant does not

apply in the circumstances of the present case.

21.

It has been argued on behalf of M/s. Gulab Rai & Co. that when services of the applicant was terminated there

was no work with the company & contract with the railway had ceased & work was going on only on extension granted

by the railway, hence, there remained no scope to continue the employment of the applicant. Further it has been said

that owing to end of the contract respondent No.2 has vacated the premises of the railway at Jodhpur & he is not

running any vending business relating to railway hence, respondent is not in position to provide any further engagement

to the applicant. During course of argument attempt was made by learned representative of respondent No.2 M/s.

Gulabrai & Company to submit to the court document relating to vacation of premises of Railway which was

unsuccessful due to resistance of learned representative of applicant on the ground that due to ex-parte proceeding

respondent No.2 is not entitled to file the papers. Against this, it has been argued by learned representative of the

applicant that notice of the argument should not be taken by the tribunal because no evidence has been adduced by

respondent No.2.

22.

Before I proceed to discuss the issues arising out of arguments of the learned representatives of the parties it is

important to mention here that case against respondent No.2 is proceeding ex-parte since 1.10.2014 & no oral evidence

has been adduced in support of reply to statement of claim. No oral evidence has been adduced by respondent No.1also.

Applicant has been cross examined only by railway & no cross examination has been done by M/s. Gulab Rai & Co.

23.

As far as the question of the applicant being in the employment of respondent No.2 is concerned in reply to

statement of claim respondent has denied that applicant is working with him since his date of appointment on 4.4.1992.

According to statement of claim applicant is in the employemt of respondent No.2 since 4.4.1992 & has worked

continuously till 7.1.2011 & his services were terminated on 8.1.2011. During cross examination by respondent No.1

applicant has stated that he was employed by M/s. Gulab Rai & Co. but he was not given any appointment letter in

writing. He has further alleged that he was paid by company on monthly basis & before making the monthly payment

company was securing the signature of the applicant on receipt as proof of payment. He has further alleged that he has

worked from 4.4.1992 to 7.1.2011 & before his removal from the service notice was not given to the applicant.

Applicant has not been cross examined by respondent No.2. A close scrutiny of the reply to statement of claim by

respondent No.2 indicates that although respondent No.2 has denied the working of the applicant since 4.4.1992 but he

has admitted in para 2 of reply to statement of claim that applicant is habitual in absenting himself without prior

information & he has been habitually vending the eatables brought from outside market in the train for which

respondent No.2 has paid penalty on many occasions beside facing embarrassment. He has further alleged in para 5 of

reply that he had sent a notice to the applicant on 5.4.2011 which was not replied by him. Respondent has not filed

copy of notice on record. Nature & description of the notice has not been mentioned by the respondent. He has also

alleged in para 4 of reply that applicant lacks dedication & works against the interest of the company. Documents

alongwith affidavit in evidence filed by applicant include identity card, character certificate, medical certificate, ESI

796 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

card for self & family relating to different period & information received under Right to Information Act about balance

of amount existing in favour of applicant in EPF in the Financial year 2010-11. All these documents & above noted

contentions of the respondent No.2 in his reply to statement of claim are sufficient evidence to indicate that the

applicant has been in the employment of respondent No.2 before termination of his services.

24.

Period of 240 days from the date of termination on 8.1.2011 shall be the period during 12 calendar month

immediately preceding the date of termination which means that applicant must be continuously in the service of the

respondent No. 2 for 12 calendar month immediately prior to 8.1.2011 & in that period must have worked for 240 days.

On the point of issue whether applicant has completed 240 days during 12 calendar month immediately preceding the

date of termination it is pertinent to note that respondent No.2 has been directed by order of the tribunal dated 4.12.13

& 19.3.14 to file documents in tribunal as per request of the applicant on application dated 11.4.12 wherein attendance

register, pay register & other documents have been requested to be summoned. Respondent No.2 has filed certain

documents on 30.1.14 but these documents are serving the own purposes of respondent No.2 & attendance register &

pay register have not been filed. Tribunal has not been informed on affidavit or otherwise about availability or non-

availability of documents relating to attendance & pay. The above situation & circumstance including ignorance of

respondent No.2 in filing the documents relating to pay & attendance & not informing about their non-availability

accompanied with uncrossed examined testimony of applicant by respondent No.2 is sufficient to draw an inference in

favour of applicant & against the respondent No.2 that applicant has worked for 240 days immediately preceding the

date of his termination on 8.1.11. There are certain other documents available on record which can show that applicant

was in engagement with respondent immediately prior to the date of termination for a period of 240 days which include

letter dated 9.7.2010 written by M/s. Gulab Rai & Co. to the Chief Regional Manager, IRCTC, Jaipur for renewal of

passes of the applicants for ‘Train Side Vending’. This indicates that applicant was in possession of pass which was

valid till 15.7.2010. Beside letter dated 9.7.2010 another letter dated 10.1.2011 has been written by the M/s. Gulab Rai

& Co. to DRM, NWR, Jodhpur for issue of passes of the applicants working with the company wherein it has been

alleged that they are doing train side vending for past 10 years. Validity of these passes are generally for a period of

one year. Ex-w-11 medical fitness certificate for calendar year 2009 issued on 23.1.2009 is valid till 31.12.2009 & w-

12 medical fitness certificate issued on 7.1.2010 is valid till 31.12.2010. These two certificates indicate that applicant

was in the employment of respondent No.2 in the month of January, 2010. Ex-w-14 medical fitness certificate issued

on 5.1.2011 is valid 31.12.2011. Ex-w-14 indicates that applicant was in the employment of respondent No. 2 till

7.1.2011. Based on above discussion, available documents & evidence on record I am of the view that applicant has

served with respondent No. 2 for a period of 240 days immediately preceding the date of his termination. Inference u/s

114 (1)(G) of Evidence Act is another aspect existing in favour of applicant.

25.

As far as the violation of section 25-G & 25-H & rule 77 & 78 is concerned applicant has not provided any

information in statement of claim that who was the last comer in the service who was to go first in case of

retrenchment. He has not given name of person junior to him retained in service. Applicant has also not given any

information in claim that any person has been appointed by M/s. Gulab Rai & Co. subsequent to removal of the

applicant. Thus, I am of the view that applicant has failed to prove that there is violation of section 25-G & 25-H of

Industrial Disputes Act. Respondent No.2 has alleged in reply to statement of claim that provision of rule 77 & 78 do

not apply to the respondent No.2. Respondent No.1 has alleged in reply that it is not related with respondent No.1 &

needs no reply. Rule 78 deals with re-employment of retrench workman. There is no evidence that respondent No.2 has

made any appointment after retrenchment of the applicant, hence, there is no violation of rule 78. In absence of

evidence for violation of section 26-G the question of violation of rule 77 has no bearing on the right of the applicant.

26. From above discussions it is clear that termination of the services of the applicant is against the provision of

section 25-F of Industrial Disputes Act. Admittedly, dismissal of the services of the applicant has been done by

respondent No. 2. It has been argued by learned representative of the applicant that railway should be held responsible

for termination of the services of the applicant as the work of the applicant in refreshment room or ‘ Train Side

Vending’ are works of permanent nature which are always available with railway & applicant should be treated as

employee of railway as principal employer. Learned representative of the applicant has relied on the case reported in

2001 (2) page 128, Western Law Cases (Raj.), Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative

Dairy Federation Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents.

Against above argument it has been argued by learned representative of the railway that applicant has himself admitted

that he was employed by M/s. Gulab Rai & Co. & his services were terminated by the company. In above fact &

circumstance, contention of the learned representative of the applicant is not sustainable that applicant should be treated

as employee of railway as principal employer. He has further submitted that case law cited by applicant side is not

applicable in the present case. He has further argued that there is no evidence of supervision & control of railway on

the applicant & his working & he is not on the pay roll of the railway, hence, railway is not responsible for the

termination of the services of the applicant & he has not been terminated by any officer of the railway. Reliance has

been placed on para 86 of judgement of Hon’ble Supreme Court dated 25.8.2014 in Civil Appeal Nos. 10264 – 10266

of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. & Ors………..Respondent(s).

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797

27.

The main question to be answered in light of arguments advanced by learned representative of both the parties is

whether Railway is responsible for the termination of the services of the applicant which has been admittedly done by

M/s. Gulab Rai & Co.

28.

In 2001 (2) page 128, Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative Dairy Federation

Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents, respondent Sh.

Karni Singh raised dispute about termination of his services on the ground of violation of section 25-F & G of

Industrial Disputes Act, 1947. The contention of the appellant was that Sh. Karni Singh was employed by the

contractor to look after the security of the property of the appellant & he was not employed by the Federation, hence,

appellant is not liable for consequences arising out of termination of services of Sh. Karni Singh. Even if, the

termination is illegal which has taken place by his immediate employer contractor. This plea was rejected by labour

court on the basis of defence raised by workman under amended provision of Rajasthan State u/s 2(s) of I.D.Act, 1947.

Sh. Karni Singh had died during pendency of reference proceeding. The tribunal awarded a lump sum compensation to

the next of the kin of the deceased Sh. Karni Singh. Aggrieved by the award of tribunal appellant preferred writ petition

before the Hon’ble High Court under Article 226 & 227 of Indian Constitution which was dismissed by Hon’ble Single

Judge on the basis that there was no failure of substantial justice & he did not inquire into the correctness of the

contention raised by the learned counsel for the appellant that deceased was not the employee of the appellant & he was

working through contractor. Appellant filed appeal against the order of dismissal of Hon’ble Single Judge. Dismissing

the appeal it was held by Hon’ble Division Bench in para 10 & 11 of the judgement as under :-

“10.Apart from the fact that we are in agreement with the learned Single Judge that while exercising the

discretion under Articles 226 & 227 in entertaining the writ petition to keep the interest of substantial justice as

paramount consideration for invoking the extraordinary jurisdiction and discretion has appropriately not been

exercised in favour of the petitioner, we do not find any substance on merit of the contention.

11. So far as the Rajasthan is concerned the definition of ‘workman’ as provided in Section 2(s) of the Act of

1947 was amended by the Rajasthan Act No.34 of 1958 through its Section 3 w.e.f. 1.7.1960. The definition of

workman u/s 2(s) of the Act of 1947 as applicable in the State of Rajasthan since said amendment included any

person employed in any industry by a employer or by a contractor in relation to the execution of his contract with

such employer. The case of the appellant is that deceased Karni Singh was employed by a contractor in relation to

execution of his contract for maintaining security of the Federation’s property which contract was between the

Federation and the Contractor. The definition as amended in Rajasthan is clearly to include within the ambit of

employees of the establishment also the workman employed by the Contractor in execution of the contract

undertaken by the Contractor for the employer in which category even on the contention of the management,

case of Karni Singh would fall.”

29.

In Civil Appeal Nos. 10264 – 10266 of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. &

Ors………..Respondent(s), in relation to industrial dispute referred by Central Government the question referred to

Industrial Tribunal for award was whether workman as employed by respondent No.3 ( Chefair Flight Catering) to

provide canteen services at the establishment of respondent No.1 ( Air India Ltd.) could be treated as deemed employee

of the said respondent No.1. Vide order dated 5.5.2004 it was held by CGIT that workmen were employees of

respondent No.1 Air India & therefore, their claim was justified. It was further held that during the pendency of the

dispute termination of the services of the workmen was illegal. Award of the tribunal was set aside by Hon’ble Single

Judge & held that the said workmen would not be entitled to be treated as or deemed to be the employees of the Air

India. Appeal against the order of Hon’ble Single Judge was dismissed by Hon’ble Division Bench confirming the

order of Hon’ble Single Judge who observed that the responsibility to run the canteen was absolutely with the HCI &

the Air India & the HCI shared an entirely contractual relationship. Therefore, the claim of the appellants to be treated

as employees of the Air India & to be regularised was rejected by the learned single judge. In appeal before the Hon’ble

Supreme Court against the order of Hon’ble Division Bench of High Court there was difference of opinion between the

Hon’ble Judges of Supreme Court, hence, the appeal were placed before the Hon’ble Full Bench of Supreme Court by

referral order dated 13.11.2013. The question before the Hon’ble Full Bench was whether the workman engaged in

statutory canteens through a contractor could be treated as employee of the principle establishment. It is pertinent to

note that before the referral order Hon’ble Judges differed in their opinion regarding the liability of principle employer

running statutory canteen & further regarding the status of the workmen engage thereof. The Hon’ble judges differed

on the aspect of supervision & control which were exercised by Air India Ltd, respondent No.1 & the Hotel

Corporation of India Ltd respondent No.2 over the said workmen employed in these canteens. Referring to its various

pronouncements it was held by Hon’ble Full Bench of Supreme Court as under :-

“85.Therefore, in our considered view and in light of the above, the appellants-workmen could not be said to be

under the effective and absolute control of Air India. The Air India merely has control of supervision over the

working of the given statutory canteen. Issues regarding appointment of the said workmen, their dismissal,

798 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

payment of their salaries, etc. are within the control of the HCI. It cannot be then said that the appellants are the

workmen of Air India and therefore are entitled to regularization of their services.

86.

It would be pertinent to mention, at this stage, that there is no parity in the nature of work, mode of

appointment, experience, qualifications, etc., between the regular employees of the Air India and the workers of

the given canteen. Therefore, the appellants-workmen cannot be placed at the same footing as the Air India’s

regular employees, and there by claim the same benefits as bestowed upon the latter. It would also be gainsaid to

note the fact that the appellants-herein made no claim or prayer against either of the other respondents, that is,

the HCI or the Chefair.

87. In terms of the above, the reference is answered as follows :

The workers engaged by a contractor to work in the statutory canteen of a factory would be the workers of the

said factory, but only for the purposes of the Act, 1948, and not for other purposes, and further for the said

workers, to be called the employees of the factory for all purposes, they would need to satisfy the test of

employer-employee relationship and it must be shown that the employer exercises absolute and effective control

over the said workers.

88. In view of the above, while answering the referral order, we dismiss these appeals. No order as to costs.”

30.

In the present case, admittedly applicant has been appointed by respondent No.2 & has been an employee fully

within the control & supervision of the respondent No.2. He was in receipt of pay & emoluments from respondent No.2

& respondent No.1 has no control of any nature disciplinary or otherwise over the applicant, hence, respondent No.1

cannot be held responsible for liability of respondent No.2 having exclusive control over the applicant. Out of rulings

referred from both the side, the law laid down by Hon’ble Supreme Court is attracted in fact & circumstances of the

present case. Accordingly, I am of the view that respondent No.2 is responsible for the liabilities arising out of illegal

termination of the services of the applicant & railway has neither terminated the services of the applicant nor is

responsible for such termination.

31.

About the nature of relief to be given to the applicant it has been argued by learned representative of the applicant

that applicant should be reinstated with full back wages & continuity in service. Against this it has been argued by

learned representative of Railway that Railway is not responsible in any manner to provide engagement to the applicant

in railway. It has been argued by learned representative of M/s. Gulab Rai & Co. that company is no more on business

of the railway on contract & the premises of the railway has also been vacated & handed over to the railway, hence,

applicant can’t be reinstated in service. From perusal of the file it is evident that Hon’ble Division Bench of High Court

(Jodhpur) has vide order dated 15.12.2014 has ordered M/s. Gulab Rai & Co. to vacate the premises by 23.12.2014 &

hand over the possession & canteen to railway which has been complied by the company. There is no evidence on

record to show that M/s. Gulab Rai & Co. is having any other premises elsewhere where business of present nature or

any other nature is carried out. As per finding given above it is clear that action of the management of M/s. Gulab Rai

& Co., Jodhpur in terminating the services of applicant is unjustified & illegal & in violation of provisions of 25-F of

Industrial Disputes Act. The legal position is undisputed that in case of non-compliance of section 25-F applicant

workman may be reinstated with other consequential benefits but in fact & circumstances of the present case where

reinstatement is impracticable it appears just & proper to award suitable compensation to the applicant to meet the end

of justice.

32.

The date of birth of applicant is 27.11.1973 which means that applicant is of the age of above 37 years at the time

of termination from service & he has been inducted in the service on 4.4.1992 as per statement of claim. Thus, he has

completed about 18 years & 9 months of service. Applicant has not mentioned in statement of claim that what was his

salary at the time of entry into the service & at the time of his termination from the service. In above fact &

circumstance, I am of the view that an award of a lump sum compensation amount of Rs.24500/- to the applicant to be

paid by respondent No.2 will be sufficient to meet the end of justice.

33.

In the result, the reference is answered in affirmative in favour of applicant workman & it is held that the action

of the management of M/s. Gulab Rai & Co., Jodhpur in terminating the services of Sh. Hariram Singh S/o Sh.

Roopnarayan Singh w.e.f. 8.1.2011 is illegal & unjustified. Therefore, M/s. Gulab Rai & Co. is directed to pay as

compensation to the applicant Sh. Hariram Singh a sum of Rs.24500/- (Twenty Four Thousand Five Hundred Only)

instead & in lieu of his reinstatement in service. The payment shall be made within two months from the date of

publication of award failing which the applicant shall be entitled to the amount of compensation with 8% simple

interest per annum. Management of Sr. Divisional Commercial Manager, North West Railway, Jodhpur is not

responsible for termination of the services of Sh. Hariram Singh. Application of the applicant is accordingly allowed.

34.

Award as above.

BHARAT PANDEY, Presiding Officer

¹Hkkx IIµ[k.M 3(ii)º

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799

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New Delhi, the 14th February, 2017

S.O. 391.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 32/2012) of the Central Government Industrial Tribunal-cum-

Labour Court, Jaipur as shown in the Annexure, in the industrial dispute between the management of North West

Railway and their workmen, received by the Central Government on 14.02.2017.

[No. L-41012/03/2012-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JAIPUR

BHARAT PANDEY, Presiding Officer

I.D. 32/2012

Reference No. L-41012/03/2012-IR(B-I) dated: 03.02.2012

Shri Ganpat Sharma

S/o Shri Bhagirathram Sharma

C/o Vill. Buroch, Post – Aagunta

District – Nagore (Rajasthan)

V/s

1.

Sr. Divisional Commercial Manager

North West Railway

Jodhpur.

2.

Ms. Gulabrai and Company

Railway cattering contractor

Office Flat No.11, Akashdeep

Apartment,Teesri D road,

Sardarpura, Jodhpur.

Present :

For the Applicant

:

Sh. Kunal Rawat, Adv.

For the Non-applicant Railway

:

Sh. L.P.Singhal, Adv.

For non-applicant Ms.Gulabrai & Company

:

Ex-parte/Sh. K.K.Paliwal, Manager

AWARD

27.5.2016

1.

The Central Government in exercise of the powers conferred under clause (d) of Sub-Section 1 & 2(A) of Section

10 of the Industrial Disputes Act 1947 has referred the following Industrial dispute to this tribunal for adjudication:-

“Whether the action of the management of North Western Railway, Jodhpur and their contractor M/s..

Gulabrai and company in terminating the services of Shri Ganpat Sharma S/o Shri Bhagirathram

Sharma w.e.f. 08.01.2011 is legal and justified? To what relief the workman is entitled?”

2.

Briefly fact of the case is that applicant workman was employed under respondent No.2 M/s. Gulab Rai & Co.

on 22.9.1999 & started working since then. The main business of employer contractor was ‘Train Side vending’ &

running the railway refreshment room at Jodhpur Railway Station. The work of the applicant was to maintain

cleanliness & serve meal at refreshment room to the passengers of the train. He was engaged with train side vending

800 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

also. According to contention of applicant at the time of filing of statement of claim respondent No.2 was on contract

with North Western Railway, hence, provision of Industrial Dispute Act are applicable to the respondent. Further it has

been alleged that applicant worked from on 22.9.1999 to 7.1.2011 with the respondents & he was terminated from the

service of the respondent on 8.1.2011. His complaint against the termination before the Assistant Labour Commissioner

and Conciliation Officer (Central), Ajmer failed to secure his reinstatement which resulted into above reference for

adjudication.

3.

Further it has been alleged by applicant workman in para 6(a) that there was complete control & supervision of

respondent employer over the work of the workman & the applicant was working according to orders & directions of

the respondent officers. He was working for eight hours daily & paid on monthly basis. The nature of his work was of

continuing nature & facility of ESI & PF was available to him from the respondent. Applicant has worked for more

than 240 days with respondent prior to his removal from service. Applicant has further said that his removal from

service by respondent is in violation of section 25-F , 25-G , 25-H of Industrial Disputes Act, 1947 & Rule 77 & 78 of

The Industrial Disputes (Central ) Rules, 1957.

4.

In para 6 of statement of claim applicant has alleged that neither any notice or pay in lieu of notice was given to

him nor any seniority list was prepared. The nature of work performed by him was of permanent character &

respondent still needs the workmen to perform the work which was carried out by the applicant. Applicant has been

victim of unfair labour practice & to escape from the regularisation of the services of applicant respondent has

terminated him from service without conducting any domestic enquiry. Services of the applicant has been terminated in

violation of Article 39-D & 21 of Indian Constitution. Applicant has prayed to declare the order of termination dated

8.1.2011 as void & illegal & order the reinstatement of the applicant with back wages & continuity in service.

5.

In para wise reply to statement of claim by Respondent No.1, Divisional Commercial Manager, NWR, Jodhpur,

statements in para 1,3,4, of statement of claim have been denied. Against para 2 it has been alleged that it requires no

answer & against para 5 it has been alleged that there is no dispute about the term of reference referred by Central

Government for adjudication. Further it has been alleged that respondent No.2 M/s. Gulab Rai & Co. was licensee of

the railway administration on contract. Respondent No.2 was permitted to do only ‘Train side Vending’ till 15.10.2011

under the order of NWR Headquarter, Jaipur, hence except above contention respondent No.2 is answerable to

remaining allegations of para 1 of the statement of claim. Respondent No.1 has specifically denied that applicant

workman has worked under respondent No.1 from on 22.9.1999 to 7.1.2011 & has alleged that applicant has never

worked under the employment of respondent No.1 & respondent No.1 never removed him from the work on 8.1.2011

because respondent No.1 neither appointed him nor engaged him for any work.

6.

Against reply to para 6 of statement of claim it has been alleged that question of compliance of section 25-F of

I.D.Act by respondent No.1 does not arise. In reply to para 6 (A) to 6(O) of the statement of claim it has been alleged

that they are not concerned with respondent No.1 & concerned with respondent No.2 only. Against para 6(P) of

statement of claim it has been alleged that removal of applicant from service has been done by respondent No.2 for

which respondent No.1 is not answerable. At last, it has been prayed that claim of the applicant be dismissed with

heavy cost against respondent No.1.

7.

Apart from above para wise reply to statement of claim two preliminary objections have been raised by

respondent No.1 that respondent No.1 is not the employer of the applicant & the applicant is not the workman of the

respondent No.1 & respondent No. 1 has not issued any appointment letter to the applicant. Respondent No.1 has been

wrongly impleaded in the case & case is bad for misjoinder of unnecessary party & petition of the applicant is

accordingly liable to be rejected. In preliminary objection No.2 it has been alleged that respondent No.1 has been

impleaded as party only to invoke the jurisdiction of the tribunal & applicant has no concern with respondent No.1,

hence, application is liable to be dismissed on the ground of jurisdiction.

8.

In reply to statement of claim by respondent No.2 para 2 & 3 of statement of claim have been specifically denied

& para 5 have been partially admitted. Against para 6 it has been alleged that para 6(A) to 6(Q) are not applicable to

respondent No.2. Against para 1 it has been specifically denied that applicant is working since on 22.9.1999. Further it

has been alleged that existence of M/s. Gulab Rai & Co. is based on contract of the railway. The business of the

company to supply meals & eatables to the passengers in the train & refreshment room at the station at the rate fixed

by railway in which no permanent employments are made because work of the respondent No.1 is not a regular

business in any manner. The business of the company is based only on the contract of the railway which are given time

to time & in this contract sometimes number of trains are increased or decreased in relation to which railway charges

the fee on monthly, third monthly or six monthly basis. Owing to above situation respondent No.2 is not capable of

regularising the business according to his choice. The work of the respondent No.2 is to run the business according to

contract of the rail department. Accordingly, based on the work of contract respondent No.2 engages the workman &

when there is no contract there remains no business with the respondent No.2. In above circumstances, regular

workmen are not engaged & therefore, workmen are engaged sometimes on daily & sometimes on monthly basis or on

commission basis, hence, provision of Industrial Disputes Act does not apply to the business of the respondent.

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801

9.

In para 2 of statement of claim applicant has claimed to have been working with due dedication & there has been

no occasion to opposite party to make any complaint against his working. Specifically denying the above allegation

opposite party No.2 M/s. Gulab Rai & Co. has said that on many occasion during surprise check it has been found that

the applicant has been collecting more amount than the prescribed rate & Rule of the Railway & for that there have

been oral complaints & applicant has been warned on those occasions. Applicant despite direction of the respondent

No.2 has been habitually bringing from outside market eatables & vending them in the train for which respondent No.2

has paid penalty beside facing embarrassment. It has been further alleged that he has been habitually absenting himself

without prior information.

10.

Against para 3 of statement of claim it has been alleged that applicant had not been appointed permanently on on

22.9.1999 or anytime thereafter & has not worked continuously till 7.1.2011. Further it has been alleged that the

contract of the respondent No.2 has not been existing continuously from on 22.9.1999 to 7.1.2011, hence, there was

no continuous work, accordingly contention of the applicant is wrong that he had worked continuously. Further it has

been alleged that applicant was never appointed on regular basis. Based on the quantum of the work of contract &

number of trains work was taken on daily, monthly & on many occasion commission basis. Applicant too has been

absenting from the work without prior information for long time & has been working according to his choice on

different places in the city, hence, allegation of removal of the applicant from the work & termination of his services by

respondent No.2 is wrong.

11.

It has been further alleged that after being fully aware with the situation, with motive of lowering the prestige &

image of the respondent No.2, applicant called the correspondent of D.B.Star & published misleading & false

allegations against the company which is against the interest of the company. The above act of the applicant against the

interest of the company shows lack of dedication of the applicant towards the company. On many occasions there were

complaints by railway against the applicant during checking operation when applicant has been found engaged in

earning illegal money by vending in wrong manner & collecting more money from the passengers than the prescribed

rates for the articles.

12.

Against para 5 of statement of claim it has been alleged that notice dated 5.4.2011 was sent to the applicant by

respondent No.2 which was received by applicant but neither he appeared nor answered the notice. Despite that

applicant complained before the Assistant Labour Commissioner (Central) & Conciliation Officer, Ajmer & during

conciliation proceedings applicant clearly denied to work according to rules of the company & Railway & requested to

send failure report to Central Government. Against para 6 of statement of claim it has been alleged that according to

reply of the respondent No.2 about para 1 to 5 of the claim termination of the applicant is not illegal. About para 6(A)

to 6(Q) respondent No.2 has alleged that they do not apply to the respondent & has prayed to dismiss the claim of the

applicant.

13.

In rejoinder, applicant has denied the statements of reply submitted by respondent No.1. In rejoinder against the

reply to respondent No.2 also applicant has denied the contention of respondent No.2 .

14.

In support of statement of claim as documentary evidence applicant has filed document W-1 to W-17 along with

index which are photocopy of identity card, statement of EPF, medical certificate & information received under Right

to information Act in relation to EPF relating to different period. Beside these documents applicant has filed his

affidavit in evidence & has been cross examined by respondent No.1 DCM, NWR, Jodhpur.

15.

Respondent No.1 at the time of argument has filed eight pages of documentary evidence in form of photocopy

relating to handing over the possession of the Refreshment Room at Jodhpur Railway Station & photocopy of

judgement dated 15.12.2014 in D.B.Civil Special Appeal (W) No. 1683/2014, 1694/2014 & 1701/2014 of Hon’ble

Rajasthan High Court, Jodhpur. No oral evidence has been adduced by respondent No.1.

16.

As documentary evidence, respondent No.2 has filed documents totalling 23 pages on 30.1.2014. The case has

proceeded ex-parte against the respondent No.2 w.e.f. 1.10.2014. Application of respondent No.2 for cancelling the

order dated 1.10.2014 for proceeding ex-parte has been rejected on 7.1.2015. Since, then case has proceeded ex-parte

against respondent No.2. No oral evidence has been adduced by respondent No.2 because of case proceeding ex-parte

against him. Respondent No.2 thereafter has participated only at the final hearing of the argument on 12.1.2016 &

4.2.2016.

17.

Following ruling has been filed from applicant side :-

i. 2001 (2) page 128, Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative Dairy Federation

Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents.

18.

Following reportable judgement dated 25.8.2014 of full bench of Hon’ble Supreme Court of India has been filed

by respondent No.1 :-

802 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

i.

Civil Appeal Nos. 10264 – 10266 of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air

India Ltd. & Ors………..Respondent(s).

19.

Heard the argument of learned representative of the applicant & learned representatives of both the opposite

parties & perused the record carefully.

20.

It has been argued by learned representative of the applicant that services of the applicant has been terminated on

8.1.2011 by respondent No.2, M/s. Gulab Rai & Co. against the provision of section 25-F, 25-G & 25-H of Industrial

Disputes Act & Rule 77 & 78 of The Industrial Disputes (Central ) Rules, 1957. Respondent No.2 has not given any

notice before termination of the services of the applicant. Applicant has worked continuously for more than 240 days

immediately preceding the date of termination, hence, termination of the service is without complying the provision of

section 25-F of Industrial Disputes Act. It has been further argued that railway is responsible as principal employer

because nature of the work of ‘Train Side Vending’ carried out by the workman is of permanent nature hence, there

was no reason to terminate the services of the applicant. Reliance has been placed on case reported in 2001 (2) page

128 Western Law Cases (Raj.), Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative Dairy Federation

Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents. Against this it has

been argued by learned representative of respondent No.1 that there is no proof on record that applicant had worked for

240 days immediately preceding the date of termination. It has been further argued that applicant is the employee of

M/s. Gulab Rai & Co. & there is no legal reason to shift the liability regarding termination of services of applicant on

Railway because services of the applicant has not been terminated by any of the railway authority. Reliance has been

placed by learned representative of respondent No.1 on judgement dated 25.8.2014 by Hon’ble Supreme Court (F.B.)

in Civil Appeal Nos. 10264 – 10266 of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. &

Ors………..Respondent(s) with further submission that case cited by learned representative for applicant does not

apply in the circumstances of the present case.

21.

It has been argued on behalf of M/s. Gulab Rai & Co. that when services of the applicant was terminated there

was no work with the company & contract with the railway had ceased & work was going on only on extension granted

by the railway, hence, there remained no scope to continue the employment of the applicant. Further it has been said

that owing to end of the contract respondent No.2 has vacated the premises of the railway at Jodhpur & he is not

running any vending business relating to railway hence, respondent is not in position to provide any further engagement

to the applicant. During course of argument attempt was made by learned representative of respondent No.2 M/s.

Gulabrai & Company to submit to the court document relating to vacation of premises of Railway which was

unsuccessful due to resistance of learned representative of applicant on the ground that due to ex-parte proceeding

respondent No.2 is not entitled to file the papers. Against this, it has been argued by learned representative of the

applicant that notice of the argument should not be taken by the tribunal because no evidence has been adduced by

respondent No.2.

22.

Before I proceed to discuss the issues arising out of arguments of the learned representatives of the parties it is

important to mention here that case against respondent No.2 is proceeding ex-parte since 1.10.2014 & no oral evidence

has been adduced in support of reply to statement of claim. No oral evidence has been adduced by respondent No.1also.

Applicant has been cross examined only by railway & no cross examination has been done by M/s. Gulab Rai & Co.

23.

As far as the question of the applicant being in the employment of respondent No.2 is concerned in reply to

statement of claim respondent has denied that applicant is working with him since his date of appointment on

22.9.1999. According to statement of claim applicant is in the employment of respondent No.2 since on 22.9.1999 &

has worked continuously till 7.1.2011 & his services were terminated on 8.1.2011. During cross-examination by

respondent No.1 applicant has stated that he was employed by M/s. Gulab Rai & Co. but he was not given any

appointment letter in writing. He has further alleged that he was paid by company on monthly basis & before making

the monthly payment company was securing the signature of the applicant on receipt as proof of payment. He has

further alleged that he has worked from on 22.9.1999 to 7.1.2011 & before his removal from the service notice was not

given to the applicant. Applicant has not been cross-examined by respondent No.2. A close scrutiny of the reply to

statement of claim by respondent No.2 indicates that although respondent No.2 has denied the working of the applicant

since on 22.9.1999 but he has admitted in para 2 of reply to statement of claim that applicant is habitual in absenting

himself without prior information & he has been habitually vending the eatables brought from outside market in the

train for which respondent No.2 has paid penalty on many occasions beside facing embarrassment. He has further

alleged in para 5 of reply that he had sent a notice to the applicant on 5.4.2011 which was not replied by him.

Respondent has not filed copy of notice on record. Nature & description of the notice has not been mentioned by the

respondent. He has also alleged in para 4 of reply that applicant lacks dedication & works against the interest of the

company. Documents alongwith affidavit in evidence filed by applicant include identity card, statement of EPF,

medical certificate & information received under Right to information Act in relation to EPF relating to different

period. All these documents & above noted contentions of the respondent No.2 in his reply to statement of claim are

¹Hkkx IIµ[k.M 3(ii)º

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803

sufficient evidence to indicate that the applicant has been in the employment of respondent No.2 before termination of

his services.

24.

Period of 240 days from the date of termination on 8.1.2011 shall be the period during 12 calendar month

immediately preceding the date of termination which means that applicant must be continuously in the service of the

respondent No. 2 for 12 calendar month immediately prior to 8.1.2011 & in that period must have worked for 240 days.

On the point of issue whether applicant has completed 240 days during 12 calendar month immediately preceding the

date of termination it is pertinent to note that respondent No.2 has been directed by order of the tribunal dated 4.12.13

& 19.3.14 to file documents in tribunal as per request of the applicant on application dated 11.4.12 wherein attendance

register, pay register & other documents have been requested to be summoned. Respondent No.2 has filed certain

documents on 30.1.14 but these documents are serving the own purposes of respondent No.2 & attendance register &

pay register have not been filed. Tribunal has not been informed on affidavit or otherwise about availability or non-

availability of documents relating to attendance & pay. The above situation & circumstance including ignorance of

respondent No.2 in filing the documents relating to pay & attendance & not informing about their non-availability

accompanied with uncrossed examined testimony of applicant by respondent No.2 is sufficient to draw an inference in

favour of applicant & against the respondent No.2 that applicant has worked for 240 days immediately preceding the

date of his termination on 8.1.11. There are certain other documents available on record which can show that applicant

was in engagement with respondent immediately prior to the date of termination for a period of 240 days which include

letter dated 9.7.2010 written by M/s. Gulab Rai & Co. to the Chief Regional Manager, IRCTC, Jaipur for renewal of

passes of the applicants for ‘Train Side Vending’. This indicates that applicant was in possession of pass which was

valid till 15.7.2010. Beside letter dated 9.7.2010 another letter dated 10.1.2011 has been written by the M/s. Gulab Rai

& Co. to DRM, NWR, Jodhpur for issue of passes of the applicants working with the company wherein it has been

alleged that they are doing train side vending for past 10 years. Validity of these passes are generally for a period of

one year. W-1 in medical fitness certificate issued on 22.9.1999 is valid till 21.9.2000 which indicates the entry of

applicant into the service of respondent No.2 Gulab Rai & Co. W-10 is medical fitness certificate issued on 7.1.2010

which is valid till 31.12.2010. Document w-10 indicates that the applicant was in the employment of respondent No.2

in the month of January, 2010. W-11 is medical fitness certificate issued on 5.1.2011 which is valid till 31.12.2011.

Document w-11 indicates that applicant was in the employment of the respondent No.2 till 7.1.2011. Based on above

discussion, available documents & evidence on record I am of the view that applicant has served with respondent No. 2

for a period of 240 days immediately preceding the date of his termination. Inference u/s 114 (1)(G) of Evidence Act is

another aspect existing in favour of applicant.

25.

As far as the violation of section 25-G & 25-H & rule 77 & 78 is concerned applicant has not provided any

information in statement of claim that who was the last comer in the service who was to go first in case of

retrenchment. He has not given name of person junior to him retained in service. Applicant has also not given any

information in claim that any person has been appointed by M/s. Gulab Rai & Co. subsequent to removal of the

applicant. Thus, I am of the view that applicant has failed to prove that there is violation of section 25-G & 25-H of

Industrial Disputes Act. Respondent No.2 has alleged in reply to statement of claim that provision of rule 77 & 78 do

not apply to the respondent No.2. Respondent No.1 has alleged in reply that it is not related with respondent No.1 &

needs no reply. Rule 78 deals with re-employment of retrench workman. There is no evidence that respondent No.2 has

made any appointment after retrenchment of the applicant, hence, there is no violation of rule 78. In absence of

evidence for violation of section 26-G the question of violation of rule 77 has no bearing on the right of the applicant.

26. From above discussions it is clear that termination of the services of the applicant is against the provision of

section 25-F of Industrial Disputes Act. Admittedly, dismissal of the services of the applicant has been done by

respondent No. 2. It has been argued by learned representative of the applicant that railway should be held responsible

for termination of the services of the applicant as the work of the applicant in refreshment room or ‘ Train Side

Vending’ are works of permanent nature which are always available with railway & applicant should be treated as

employee of railway as principal employer. Learned representative of the applicant has relied on the case reported in

2001 (2) page 128, Western Law Cases (Raj.), Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative

Dairy Federation Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents.

Against above argument it has been argued by learned representative of the railway that applicant has himself admitted

that he was employed by M/s. Gulab Rai & Co. & his services were terminated by the company. In above fact &

circumstance, contention of the learned representative of the applicant is not sustainable that applicant should be treated

as employee of railway as principal employer. He has further submitted that case law cited by applicant side is not

applicable in the present case. He has further argued that there is no evidence of supervision & control of railway on

the applicant & his working & he is not on the pay roll of the railway, hence, railway is not responsible for the

termination of the services of the applicant & he has not been terminated by any officer of the railway. Reliance has

been placed on para 86 of judgement of Hon’ble Supreme Court dated 25.8.2014 in Civil Appeal Nos. 10264 – 10266

of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. & Ors………..Respondent(s).

804 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

27.

The main question to be answered in light of arguments advanced by learned representative of both the parties is

whether Railway is responsible for the termination of the services of the applicant which has been admittedly done by

M/s. Gulab Rai & Co.

28.

In 2001 (2) page 128, Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative Dairy Federation

Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents, respondent Sh.

Karni Singh raised dispute about termination of his services on the ground of violation of section 25-F & G of

Industrial Disputes Act, 1947. The contention of the appellant was that Sh. Karni Singh was employed by the

contractor to look after the security of the property of the appellant & he was not employed by the Federation, hence,

appellant is not liable for consequences arising out of termination of services of Sh. Karni Singh. Even if, the

termination is illegal which has taken place by his immediate employer contractor. This plea was rejected by labour

court on the basis of defence raised by workman under amended provision of Rajasthan State u/s 2(s) of I.D.Act, 1947.

Sh. Karni Singh had died during pendency of reference proceeding. The tribunal awarded a lump sum compensation to

the next of the kin of the deceased Sh. Karni Singh. Aggrieved by the award of tribunal appellant preferred writ petition

before the Hon’ble High Court under Article 226 & 227 of Indian Constitution which was dismissed by Hon’ble Single

Judge on the basis that there was no failure of substantial justice & he did not inquire into the correctness of the

contention raised by the learned counsel for the appellant that deceased was not the employee of the appellant & he was

working through contractor. Appellant filed appeal against the order of dismissal of Hon’ble Single Judge. Dismissing

the appeal it was held by Hon’ble Division Bench in para 10 & 11 of the judgement as under :-

“10.Apart from the fact that we are in agreement with the learned Single Judge that while exercising the

discretion under Articles 226 & 227 in entertaining the writ petition to keep the interest of substantial justice as

paramount consideration for invoking the extraordinary jurisdiction and discretion has appropriately not been

exercised in favour of the petitioner, we do not find any substance on merit of the contention.

11. So far as the Rajasthan is concerned the definition of ‘workman’ as provided in Section 2(s) of the Act of

1947 was amended by the Rajasthan Act No.34 of 1958 through its Section 3 w.e.f. 1.7.1960. The definition of

workman u/s 2(s) of the Act of 1947 as applicable in the State of Rajasthan since said amendment included any

person employed in any industry by a employer or by a contractor in relation to the execution of his contract with

such employer. The case of the appellant is that deceased Karni Singh was employed by a contractor in relation to

execution of his contract for maintaining security of the Federation’s property which contract was between the

Federation and the Contractor. The definition as amended in Rajasthan is clearly to include within the ambit of

employees of the establishment also the workman employed by the Contractor in execution of the contract

undertaken by the Contractor for the employer in which category even on the contention of the management,

case of Karni Singh would fall.”

29.

In Civil Appeal Nos. 10264 – 10266 of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. &

Ors………..Respondent(s), in relation to industrial dispute referred by Central Government the question referred to

Industrial Tribunal for award was whether workman as employed by respondent No.3 ( Chefair Flight Catering) to

provide canteen services at the establishment of respondent No.1 ( Air India Ltd.) could be treated as deemed employee

of the said respondent No.1. Vide order dated 5.5.2004 it was held by CGIT that workmen were employees of

respondent No.1 Air India & therefore, their claim was justified. It was further held that during the pendency of the

dispute termination of the services of the workmen was illegal. Award of the tribunal was set aside by Hon’ble Single

Judge & held that the said workmen would not be entitled to be treated as or deemed to be the employees of the Air

India. Appeal against the order of Hon’ble Single Judge was dismissed by Hon’ble Division Bench confirming the

order of Hon’ble Single Judge who observed that the responsibility to run the canteen was absolutely with the HCI &

the Air India & the HCI shared an entirely contractual relationship. Therefore, the claim of the appellants to be treated

as employees of the Air India & to be regularised was rejected by the learned single judge. In appeal before the Hon’ble

Supreme Court against the order of Hon’ble Division Bench of High Court there was difference of opinion between the

Hon’ble Judges of Supreme Court, hence, the appeal were placed before the Hon’ble Full Bench of Supreme Court by

referral order dated 13.11.2013. The question before the Hon’ble Full Bench was whether the workman engaged in

statutory canteens through a contractor could be treated as employee of the principle establishment. It is pertinent to

note that before the referral order Hon’ble Judges differed in their opinion regarding the liability of principle employer

running statutory canteen & further regarding the status of the workmen engage thereof. The Hon’ble judges differed

on the aspect of supervision & control which were exercised by Air India Ltd, respondent No.1 & the Hotel

Corporation of India Ltd respondent No.2 over the said workmen employed in these canteens. Referring to its various

pronouncements it was held by Hon’ble Full Bench of Supreme Court as under :-

“85. Therefore, in our considered view and in light of the above, the appellants-workmen could not be said to be

under the effective and absolute control of Air India. The Air India merely has control of supervision over the

working of the given statutory canteen. Issues regarding appointment of the said workmen, their dismissal,

¹Hkkx IIµ[k.M 3(ii)º

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805

payment of their salaries, etc. are within the control of the HCI. It cannot be then said that the appellants are the

workmen of Air India and therefore are entitled to regularization of their services.

86. It would be pertinent to mention, at this stage, that there is no parity in the nature of work, mode of

appointment, experience, qualifications, etc., between the regular employees of the Air India and the workers of

the given canteen. Therefore, the appellants-workmen cannot be placed at the same footing as the Air India’s

regular employees, and there by claim the same benefits as bestowed upon the latter. It would also be gainsaid to

note the fact that the appellants-herein made no claim or prayer against either of the other respondents, that is,

the HCI or the Chefair.

87. In terms of the above, the reference is answered as follows :

The workers engaged by a contractor to work in the statutory canteen of a factory would be the workers of the

said factory, but only for the purposes of the Act, 1948, and not for other purposes, and further for the said

workers, to be called the employees of the factory for all purposes, they would need to satisfy the test of

employer-employee relationship and it must be shown that the employer exercises absolute and effective control

over the said workers.

88. In view of the above, while answering the referral order, we dismiss these appeals. No order as to costs.”

30.

In the present case, admittedly applicant has been appointed by respondent No.2 & has been an employee fully

within the control & supervision of the respondent No.2. He was in receipt of pay & emoluments from respondent No.2

& respondent No.1 has no control of any nature disciplinary or otherwise over the applicant, hence, respondent No.1

cannot be held responsible for liability of respondent No.2 having exclusive control over the applicant. Out of rulings

referred from both the side, the law laid down by Hon’ble Supreme Court is attracted in fact & circumstances of the

present case. Accordingly, I am of the view that respondent No.2 is responsible for the liabilities arising out of illegal

termination of the services of the applicant & railway has neither terminated the services of the applicant nor is

responsible for such termination.

31.

About the nature of relief to be given to the applicant it has been argued by learned representative of the applicant

that applicant should be reinstated with full back wages & continuity in service. Against this it has been argued by

learned representative of Railway that Railway is not responsible in any manner to provide engagement to the applicant

in railway. It has been argued by learned representative of M/s. Gulab Rai & Co. that company is no more on business

of the railway on contract & the premises of the railway has also been vacated & handed over to the railway, hence,

applicant can’t be reinstated in service. From perusal of the file it is evident that Hon’ble Division Bench of High Court

(Jodhpur) has vide order dated 15.12.2014 has ordered M/s. Gulab Rai & Co. to vacate the premises by 23.12.2014 &

hand over the possession & canteen to railway which has been complied by the company. There is no evidence on

record to show that M/s. Gulab Rai & Co. is having any other premises elsewhere where business of present nature or

any other nature is carried out. As per finding given above it is clear that action of the management of M/s. Gulab Rai

& Co., Jodhpur in terminating the services of applicant is unjustified & illegal & in violation of provisions of 25-F of

Industrial Disputes Act. The legal position is undisputed that in case of non-compliance of section 25-F applicant

workman may be reinstated with other consequential benefits but in fact & circumstances of the present case where

reinstatement is impracticable it appears just & proper to award suitable compensation to the applicant to meet the end

of justice.

32.

The date of birth of applicant is 19.1.1975 which means that applicant is of the age of above 35 years at the time

of termination from service & he has been inducted in the service on on 22.9.1999 as per statement of claim. Thus, he

has completed above 11 years of service. Applicant has not mentioned in statement of claim that what was his salary at

the time of entry into the service & at the time of his termination from the service. In above fact & circumstance, I am

of the view that an award of a lump sum compensation amount of Rs.15000/- to the applicant to be paid by respondent

No.2 will be sufficient to meet the end of justice.

33.

In the result, the reference is answered in affirmative in favour of applicant workman & it is held that the action

of the management of M/s. Gulab Rai & Co., Jodhpur in terminating the services of Sh. Ganpat Sharma S/o Sh.

Bhagirathram Sharma w.e.f. 8.1.2011 is illegal & unjustified. Therefore, M/s. Gulab Rai & Co. is directed to pay as

compensation to the applicant Sh. Ganpat Sharma a sum of Rs.15000/- (Fifteen thousand Only) instead & in lieu of

his reinstatement in service. The payment shall be made within two months from the date of publication of award

failing which the applicant shall be entitled to the amount of compensation with 8% simple interest per annum.

Management of Sr. Divisional Commercial Manager, North West Railway, Jodhpur is not responsible for termination

of the services of Sh. Ganpat Sharma. Application of the applicant is accordingly allowed.

34.

Award as above.

BHARAT PANDEY, Presiding Officer

806 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

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jsyos 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

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New Delhi, the 14th February, 2017

S.O. 392.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 33/2012) of the Central Government Industrial Tribunal-cum-

Labour Court, Jaipur as shown in the Annexure, in the industrial dispute between the management of North West

Railway and their workmen, received by the Central Government on 14.02.2017.

[No. L-41012/02/2012-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JAIPUR

BHARAT PANDEY, Presiding Officer

I.D. 33/2012

Reference No. L-41012/02/2012-IR(B-I) dated: 03.02.2012

Shri Sukha Ram

S/o Shri Vasnaji, Caste- Gurjar,

C/o vill. Kharchi, Marwar Junction,

District – Pali (Rajasthan)

V/s

1.

Sr. Divisional Commercial Manager

North West Railway

Jodhpur.

2.

Ms. Gulabrai and Company

Railway cattering contractor

Office Flat No.11, Akashdeep

Apartment,Teesri D road,

Sardarpura, Jodhpur.

Present :

For the Applicant

:

Sh. Kunal Rawat, Adv.

For the Non-applicant Railway

:

Sh. L.P. Singhal, Adv.

For non-applicant Ms.Gulabrai & Company

:

Ex-parte/Sh. K.K.Paliwal, Manager

AWARD

27.5.2016

1.

The Central Government in exercise of the powers conferred under clause (d) of Sub Section 1 & 2(A) of Section

10 of the Industrial Disputes Act 1947 has referred the following Industrial dispute to this tribunal for adjudication:-

“Whether the action of the management of North Western Railway, Jodhpur and their contractor M/s.

Gulabrai and company in terminating the services of Shri Sukha Ram S/o Shri Vasna Gurjar w.e.f.

08.01.2011 is legal and justified? To what relief the workman is entitled?”

2.

Briefly fact of the case is that applicant workman was employed under respondent No.2 M/s. Gulab Rai & Co. in

the year 1998 ( date not given) & started working since then. The main business of employer contractor was ‘ Train

Side vending’ & running the railway refreshment room at Jodhpur Railway Station. The work of the applicant was to

maintain cleanliness & serve meal at refreshment room to the passengers of the train. He was engaged with train side

¹Hkkx IIµ[k.M 3(ii)º

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807

vending also. According to contention of applicant at the time of filing of statement of claim respondent No.2 was on

contract with North Western Railway, hence, provision of Industrial Dispute Act are applicable to the respondent.

Further it has been alleged that applicant worked from the year 1998 ( date not given) to 7.1.2011 with the respondents

& he was terminated from the service of the respondent on 8.1.2011. His complaint against the termination before the

Assistant Labour Commissioner and Conciliation Officer (Central), Ajmer failed to secure his reinstatement which

resulted into above reference for adjudication.

3.

Further it has been alleged by applicant workman in para 6(a) that there was complete control & supervision of

respondent employer over the work of the workman & the applicant was working according to orders & directions of

the respondent officers. He was working for eight hours daily & paid on monthly basis. The nature of his work was of

continuing nature & facility of ESI & PF was available to him from the respondent. Applicant has worked for more

than 240 days with respondent prior to his removal from service. Applicant has further said that his removal from

service by respondent is in violation of section 25-F , 25-G , 25-H of Industrial Disputes Act, 1947 & Rule 77 & 78 of

The Industrial Disputes (Central ) Rules, 1957.

4.

In para 6 of statement of claim applicant has alleged that neither any notice or pay in lieu of notice was given to

him nor any seniority list was prepared. The nature of work performed by him was of permanent character &

respondent still needs the workmen to perform the work which was carried out by the applicant. Applicant has been

victim of unfair labour practice & to escape from the regularisation of the services of applicant respondent has

terminated him from service without conducting any domestic enquiry. Services of the applicant has been terminated in

violation of Article 39-D & 21 of Indian Constitution. Applicant has prayed to declare the order of termination dated

8.1.2011 as void & illegal & order the reinstatement of the applicant with back wages & continuity in service.

5.

In para wise reply to statement of claim by Respondent No.1, Sr. Divisional Commercial Manager, NWR,

Jodhpur, statements in para 1,3,4, of statement of claim have been denied. Against para 2 it has been alleged that it

requires no answer & against para 5 it has been alleged that there is no dispute about the term of reference referred by

Central Government for adjudication. Further it has been alleged that respondent No.2 M/s. Gulab Rai & Co. was

licensee of the railway administration on contract. Respondent No.2 was permitted to do only ‘Train side Vending’ till

15.10.2011 under the order of NWR Headquarter, Jaipur, hence except above contention respondent No.2 is answerable

to remaining allegations of para 1 of the statement of claim. Respondent No.1 has specifically denied that applicant

workman has worked under respondent No.1 from the year 1998 ( date not given) to 7.1.2011 & has alleged that

applicant has never worked under the employment of respondent No.1 & respondent No.1 never removed him from the

work on 8.1.2011 because respondent No.1 neither appointed him nor engaged him for any work.

6.

Against reply to para 6 of statement of claim it has been alleged that question of compliance of section 25-F of

I.D.Act by respondent No.1 does not arise. In reply to para 6 (A) to 6(O) of the statement of claim it has been alleged

that they are not concerned with respondent No.1 & concerned with respondent No.2 only. Against para 6(P) of

statement of claim it has been alleged that removal of applicant from service has been done by respondent No.2 for

which respondent No.1 is not answerable. At last, it has been prayed that claim of the applicant be dismissed with

heavy cost against respondent No.1.

7.

Apart from above para wise reply to statement of claim two preliminary objections have been raised by

respondent No.1 that respondent No.1 is not the employer of the applicant & the applicant is not the workman of the

respondent No.1 & respondent No. 1 has not issued any appointment letter to the applicant. Respondent No.1 has been

wrongly impleaded in the case & case is bad for misjoinder of unnecessary party & petition of the applicant is

accordingly liable to be rejected. In preliminary objection No.2 it has been alleged that respondent No.1 has been

impleaded as party only to invoke the jurisdiction of the tribunal & applicant has no concern with respondent No.1,

hence, application is liable to be dismissed on the ground of jurisdiction.

8.

In reply to statement of claim by respondent No.2 para 2 & 3 of statement of claim have been specifically denied

& para 5 have been partially admitted. Against para 6 it has been alleged that para 6(A) to 6(Q) are not applicable to

respondent No.2. Against para 1 it has been specifically denied that applicant is working since 7.11.2002 . It is

pertinent to note that in statement of claim applicant has alleged that he was appointed in 1998 under respondent No.2

but he has not given date of appointment, he has not alleged that he was appointed by respondent No.2 on 7.11.2002.

Further it has been alleged that existence of M/s. Gulab Rai & Co. is based on contract of the railway. The business of

the company to supply meals & eatables to the passengers in the train & refreshment room at the station at the rate

fixed by railway in which no permanent employments are made because work of the respondent No.1 is not a regular

business in any manner. The business of the company is based only on the contract of the railway which are given time

to time & in this contract sometimes number of trains are increased or decreased in relation to which railway charges

the fee on monthly, third monthly or six monthly basis. Owing to above situation respondent No.2 is not capable of

regularising the business according to his choice. The work of the respondent No.2 is to run the business according to

contract of the rail department. Accordingly, based on the work of contract respondent No.2 engages the workman &

808 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

when there is no contract there remains no business with the respondent No.2. In above circumstances, regular

workmen are not engaged & therefore, workmen are engaged sometimes on daily & sometimes on monthly basis or on

commission basis, hence, provision of Industrial Disputes Act does not apply to the business of the respondent.

9.

In para 2 of statement of claim applicant has claimed to have been working with due dedication & there has been

no occasion to opposite party to make any complaint against his working. Specifically denying the above allegation

opposite party No.2 M/s. Gulab Rai & Co. has said that on many occasion during surprise check it has been found that

the applicant has been collecting more amount than the prescribed rate & Rule of the Railway & for that there have

been oral complaints & applicant has been warned on those occasions. Applicant despite direction of the respondent

No.2 has been habitually bringing from outside market eatables & vending them in the train for which respondent No.2

has paid penalty beside facing embarrassment. It has been further alleged that he has been habitually absenting himself

without prior information.

10.

Against para 3 of statement of claim it has been alleged that applicant had not been appointed permanently on

7.11.2002 or anytime thereafter & has not worked continuously till 7.1.2011. It is pertinent to note that in statement of

claim applicant has alleged that he was appointed in 1998 under respondent No.2 but he has not given date of

appointment. Further it has been alleged that the contract of the respondent No.2 has not been existing continuously

from the time of appointment of applicant to 7.1.2011, hence, there was no continuous work, accordingly contention of

the applicant is wrong that he had worked continuously. Further it has been alleged that applicant was never appointed

on regular basis. Based on the quantum of the work of contract & number of trains work was taken on daily, monthly &

on many occasion commission basis. Applicant too has been absenting from the work without prior information for

long time & has been working according to his choice on different places in the city, hence, allegation of removal of

the applicant from the work & termination of his services by respondent No.2 is wrong.

11.

It has been further alleged that after being fully aware with the situation, with motive of lowering the prestige &

image of the respondent No.2, applicant called the correspondent of D.B.Star & published misleading & false

allegations against the company which is against the interest of the company. The above act of the applicant against the

interest of the company shows lack of dedication of the applicant towards the company. On many occasions there were

complaints by railway against the applicant during checking operation when applicant has been found engaged in

earning illegal money by vending in wrong manner & collecting more money from the passengers than the prescribed

rates for the articles.

12.

Against para 5 of statement of claim it has been alleged that notice dated 5.4.2011 was sent to the applicant by

respondent No.2 which was received by applicant but neither he appeared nor answered the notice. Despite that

applicant complained before the Assistant Labour Commissioner (Central) & Conciliation Officer, Ajmer & during

conciliation proceedings applicant clearly denied to work according to rules of the company & Railway & requested to

send failure report to Central Government. Against para 6 of statement of claim it has been alleged that according to

reply of the respondent No.2 about para 1 to 5 of the claim termination of the applicant is not illegal. About para 6(A)

to 6(Q) respondent No.2 has alleged that they do not apply to the respondent & has prayed to dismiss the claim of the

applicant.

13.

In rejoinder, applicant has denied the statements of reply submitted by respondent No.1. In rejoinder against the

reply to respondent No.2 also applicant has denied the contention of respondent No.2 .

14.

In support of statement of claim as documentary evidence applicant has filed document w-1 to w-7 along with

index which are photocopy of identity card & medical certificate & statement of EPF contribution relating to different

period. Beside these documents applicant has filed his affidavit in evidence & has been cross examined by respondent

No.1 DCM, NWR, Jodhpur.

15.

Respondent No.1 at the time of argument has filed eight pages of documentary evidence in form of photocopy

relating to handing over the possession of the Refreshment Room at Jodhpur Railway Station & photocopy of

judgement dated 15.12.2014 in D.B.Civil Special Appeal (W) No. 1683/2014, 1694/2014 & 1701/2014 of Hon’ble

Rajasthan High Court, Jodhpur. No oral evidence has been adduced by respondent No.1.

16.

As documentary evidence, respondent No.2 has filed documents totalling 23 pages on 30.1.2014. The case has

proceeded ex-parte against the respondent No.2 w.e.f. 1.10.2014. Application of respondent No.2 for cancelling the

order dated 1.10.2014 for proceeding ex-parte has been rejected on 7.1.2015. Since, then case has proceeded ex-parte

against respondent No.2. No oral evidence has been adduced by respondent No.2 because of case proceeding ex-parte

against him. Respondent No.2 thereafter has participated only at the final hearing of the argument on 12.1.2016 &

4.2.2016.

17.

Following ruling has been filed from applicant side :-

i. 2001 (2) page 128, Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative Dairy Federation

Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

809

18.

Following reportable judgement dated 25.8.2014 of full bench of Hon’ble Supreme Court of India has been

filed by respondent No.1 :-

i. Civil Appeal Nos. 10264 – 10266 of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. &

Ors………..Respondent(s).

19.

Heard the argument of learned representative of the applicant & learned representatives of both the opposite

parties & perused the record carefully.

20.

It has been argued by learned representative of the applicant that services of the applicant has been terminated on

8.1.2011 by respondent No.2, M/s. Gulab Rai & Co. against the provision of section 25-F, 25-G & 25-H of Industrial

Disputes Act & Rule 77 & 78 of The Industrial Disputes (Central ) Rules, 1957. Respondent No.2 has not given any

notice before termination of the services of the applicant. Applicant has worked continuously for more than 240 days

immediately preceding the date of termination, hence, termination of the service is without complying the provision of

section 25-F of Industrial Disputes Act. It has been further argued that railway is responsible as principal employer

because nature of the work of ‘Train Side Vending’ carried out by the workman is of permanent nature hence, there

was no reason to terminate the services of the applicant. Reliance has been placed on case reported in 2001 (2) page

128 Western Law Cases (Raj.), Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative Dairy Federation

Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents. Against this it has

been argued by learned representative of respondent No.1 that there is no proof on record that applicant had worked for

240 days immediately preceding the date of termination. It has been further argued that applicant is the employee of

M/s. Gulab Rai & Co. & there is no legal reason to shift the liability regarding termination of services of applicant on

Railway because services of the applicant has not been terminated by any of the railway authority. Reliance has been

placed by learned representative of respondent No.1 on judgement dated 25.8.2014 by Hon’ble Supreme Court (F.B.)

in Civil Appeal Nos. 10264 – 10266 of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. &

Ors………..Respondent(s) with further submission that case cited by learned representative for applicant does not

apply in the circumstances of the present case.

21.

It has been argued on behalf of M/s. Gulab Rai & Co. that when services of the applicant was terminated there

was no work with the company & contract with the railway had ceased & work was going on only on extension granted

by the railway, hence, there remained no scope to continue the employment of the applicant. Further it has been said

that owing to end of the contract respondent No.2 has vacated the premises of the railway at Jodhpur & he is not

running any vending business relating to railway hence, respondent is not in position to provide any further engagement

to the applicant. During course of argument attempt was made by learned representative of respondent No.2 M/s.

Gulabrai & Company to submit to the court document relating to vacation of premises of Railway which was

unsuccessful due to resistance of learned representative of applicant on the ground that due to ex-parte proceeding

respondent No.2 is not entitled to file the papers. Against this, it has been argued by learned representative of the

applicant that notice of the argument should not be taken by the tribunal because no evidence has been adduced by

respondent No.2.

22.

Before I proceed to discuss the issues arising out of arguments of the learned representatives of the parties it is

important to mention here that case against respondent No.2 is proceeding ex-parte since 1.10.2014 & no oral evidence

has been adduced in support of reply to statement of claim. No oral evidence has been adduced by respondent No.1also.

Applicant has been cross examined only by railway & no cross examination has been done by M/s. Gulab Rai & Co.

23.

As far as the question of the applicant being in the employment of respondent No.2 is concerned in reply to

statement of claim respondent has denied that applicant is working with him since his date of his appointment on

7.11.2002 or since 1998. According to statement of claim applicant is in the employemt of respondent No.2 since 1998

& has worked continuously till 7.1.2011 & his services were terminated on 8.1.2011. During cross examination by

respondent No.1 applicant has stated that he was employed by M/s. Gulab Rai & Co. but he was not given any

appointment letter in writing. He has further alleged that he was paid by company on monthly basis & before making

the monthly payment company was securing the signature of the applicant on receipt as proof of payment. He has

further alleged that he has worked since 1998 to 7.1.2011 & before his removal from the service notice was not given

to the applicant. Applicant has not been cross examined by respondent No.2. A close scrutiny of the reply to statement

of claim by respondent No.2 indicates that although respondent No.2 has denied the working of the applicant since

1998 or 7.11.2002 but he has admitted in para 2 of reply to statement of claim that applicant is habitual in absenting

himself without prior information & he has been habitually vending the eatables brought from outside market in the

train for which respondent No.2 has paid penalty on many occasions beside facing embarrassment. He has further

alleged in para 5 of reply that he had sent a notice to the applicant on 5.4.2011 which was not replied by him.

Respondent has not filed copy of notice on record. Nature & description of the notice has not been mentioned by the

respondent. He has also alleged in para 4 of reply that applicant lacks dedication & works against the interest of the

company. Documents alongwith affidavit in evidence filed by applicant include identity card, medical certificate &

810 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

statement of EPF contribution relating to different period. All these documents & above noted contentions of the

respondent No.2 in his reply to statement of claim are sufficient evidence to indicate that the applicant has been in the

employment of respondent No.2 before termination of his services.

24.

Period of 240 days from the date of termination on 8.1.2011 shall be the period during 12 calendar month

immediately preceding the date of termination which means that applicant must be continuously in the service of the

respondent No. 2 for 12 calendar month immediately prior to 8.1.2011 & in that period must have worked for 240 days.

On the point of issue whether applicant has completed 240 days during 12 calendar month immediately preceding the

date of termination it is pertinent to note that respondent No.2 has been directed by order of the tribunal dated 4.12.13

& 19.3.14 to file documents in tribunal as per request of the applicant on application dated 11.4.12 wherein attendance

register, pay register & other documents have been requested to be summoned. Respondent No.2 has filed certain

documents on 30.1.14 but these documents are serving the own purposes of respondent No.2 & attendance register &

pay register have not been filed. Tribunal has not been informed on affidavit or otherwise about availability or non-

availability of documents relating to attendance & pay. The above situation & circumstance including ignorance of

respondent No.2 in filing the documents relating to pay & attendance & not informing about their non-availability

accompanied with uncrossed examined testimony of applicant by respondent No.2 is sufficient to draw an inference in

favour of applicant & against the respondent No.2 that applicant has worked for 240 days immediately preceding the

date of his termination on 8.1.11. There are certain other documents available on record which can show that applicant

was in engagement with respondent immediately prior to the date of termination for a period of 240 days which include

letter dated 9.7.2010 written by M/s. Gulab Rai & Co. to the Chief Regional Manager, IRCTC, Jaipur for renewal of

passes of the applicants for ‘Train Side Vending’. This indicates that applicant was in possession of pass which was

valid till 15.7.2010. Beside letter dated 9.7.2010 another letter dated 10.1.2011 has been written by the M/s. Gulab Rai

& Co. to DRM, NWR, Jodhpur for issue of passes of the applicants working with the company wherein it has been

alleged that they are doing train side vending for past 10 years. Validity of these passes are generally for a period of

one year. W-8 medical fitness certificate issued on 3.1.2009 is valid till 31.12.2009 & w-9 medical fitness certificate

issued on 7.1.2010 is valid till 31.12.2010. This two documents indicates that applicant was in employment of the

respondent No.2 in the month of January, 2010. Ex-w-10 is medical fitness certificate issued on 5.1.2011 which is valid

till 31.12.2011. This indicates that applicant was in the employment of respondent No. 2 till 7.1.2011. Based on above

discussion, available documents & evidence on record I am of the view that applicant has served with respondent No. 2

for a period of 240 days immediately preceding the date of his termination. Inference u/s 114 (1)(G) of Evidence Act is

another aspect existing in favour of applicant.

25.

As far as the violation of section 25-G & 25-H & rule 77 & 78 is concerned applicant has not provided any

information in statement of claim that who was the last comer in the service who was to go first in case of

retrenchment. He has not given name of person junior to him retained in service. Applicant has also not given any

information in claim that any person has been appointed by M/s. Gulab Rai & Co. subsequent to removal of the

applicant. Thus, I am of the view that applicant has failed to prove that there is violation of section 25-G & 25-H of

Industrial Disputes Act. Respondent No.2 has alleged in reply to statement of claim that provision of rule 77 & 78 do

not apply to the respondent No.2. Respondent No.1 has alleged in reply that it is not related with respondent No.1 &

needs no reply. Rule 78 deals with re-employment of retrench workman. There is no evidence that respondent No.2 has

made any appointment after retrenchment of the applicant, hence, there is no violation of rule 78. In absence of

evidence for violation of section 26-G the question of violation of rule 77 has no bearing on the right of the applicant.

26. From above discussions it is clear that termination of the services of the applicant is against the provision of

section 25-F of Industrial Disputes Act. Admittedly, dismissal of the services of the applicant has been done by

respondent No. 2. It has been argued by learned representative of the applicant that railway should be held responsible

for termination of the services of the applicant as the work of the applicant in refreshment room or ‘ Train Side

Vending’ are works of permanent nature which are always available with railway & applicant should be treated as

employee of railway as principal employer. Learned representative of the applicant has relied on the case reported in

2001 (2) page 128, Western Law Cases (Raj.), Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative

Dairy Federation Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents.

Against above argument it has been argued by learned representative of the railway that applicant has himself admitted

that he was employed by M/s. Gulab Rai & Co. & his services were terminated by the company. In above fact &

circumstance, contention of the learned representative of the applicant is not sustainable that applicant should be treated

as employee of railway as principal employer. He has further submitted that case law cited by applicant side is not

applicable in the present case. He has further argued that there is no evidence of supervision & control of railway on

the applicant & his working & he is not on the pay roll of the railway, hence, railway is not responsible for the

termination of the services of the applicant & he has not been terminated by any officer of the railway. Reliance has

been placed on para 86 of judgement of Hon’ble Supreme Court dated 25.8.2014 in Civil Appeal Nos. 10264 – 10266

of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. & Ors………..Respondent(s).

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

811

27.

The main question to be answered in light of arguments advanced by learned representative of both the parties is

whether Railway is responsible for the termination of the services of the applicant which has been admittedly done by

M/s. Gulab Rai & Co.

28.

In 2001 (2) page 128, Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative Dairy Federation

Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents, respondent Sh.

Karni Singh raised dispute about termination of his services on the ground of violation of section 25-F & G of

Industrial Disputes Act, 1947. The contention of the appellant was that Sh. Karni Singh was employed by the

contractor to look after the security of the property of the appellant & he was not employed by the Federation, hence,

appellant is not liable for consequences arising out of termination of services of Sh. Karni Singh. Even if, the

termination is illegal which has taken place by his immediate employer contractor. This plea was rejected by labour

court on the basis of defence raised by workman under amended provision of Rajasthan State u/s 2(s) of I.D.Act, 1947.

Sh. Karni Singh had died during pendency of reference proceeding. The tribunal awarded a lump sum compensation to

the next of the kin of the deceased Sh. Karni Singh. Aggrieved by the award of tribunal appellant preferred writ petition

before the Hon’ble High Court under Article 226 & 227 of Indian Constitution which was dismissed by Hon’ble Single

Judge on the basis that there was no failure of substantial justice & he did not inquire into the correctness of the

contention raised by the learned counsel for the appellant that deceased was not the employee of the appellant & he was

working through contractor. Appellant filed appeal against the order of dismissal of Hon’ble Single Judge. Dismissing

the appeal it was held by Hon’ble Division Bench in para 10 & 11 of the judgement as under :-

“10.Apart from the fact that we are in agreement with the learned Single Judge that while exercising the

discretion under Articles 226 & 227 in entertaining the writ petition to keep the interest of substantial justice as

paramount consideration for invoking the extraordinary jurisdiction and discretion has appropriately not been

exercised in favour of the petitioner, we do not find any substance on merit of the contention.

11. So far as the Rajasthan is concerned the definition of ‘workman’ as provided in Section 2(s) of the Act of

1947 was amended by the Rajasthan Act No.34 of 1958 through its Section 3 w.e.f. 1.7.1960. The definition of

workman u/s 2(s) of the Act of 1947 as applicable in the State of Rajasthan since said amendment included any

person employed in any industry by a employer or by a contractor in relation to the execution of his contract with

such employer. The case of the appellant is that deceased Karni Singh was employed by a contractor in relation to

execution of his contract for maintaining security of the Federation’s property which contract was between the

Federation and the Contractor. The definition as amended in Rajasthan is clearly to include within the ambit of

employees of the establishment also the workman employed by the Contractor in execution of the contract

undertaken by the Contractor for the employer in which category even on the contention of the management,

case of Karni Singh would fall.”

29.

In Civil Appeal Nos. 10264 – 10266 of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. &

Ors………..Respondent(s), in relation to industrial dispute referred by Central Government the question referred to

Industrial Tribunal for award was whether workman as employed by respondent No.3 ( Chefair Flight Catering) to

provide canteen services at the establishment of respondent No.1 ( Air India Ltd.) could be treated as deemed employee

of the said respondent No.1. Vide order dated 5.5.2004 it was held by CGIT that workmen were employees of

respondent No.1 Air India & therefore, their claim was justified. It was further held that during the pendency of the

dispute termination of the services of the workmen was illegal. Award of the tribunal was set aside by Hon’ble Single

Judge & held that the said workmen would not be entitled to be treated as or deemed to be the employees of the Air

India. Appeal against the order of Hon’ble Single Judge was dismissed by Hon’ble Division Bench confirming the

order of Hon’ble Single Judge who observed that the responsibility to run the canteen was absolutely with the HCI &

the Air India & the HCI shared an entirely contractual relationship. Therefore, the claim of the appellants to be treated

as employees of the Air India & to be regularised was rejected by the learned single judge. In appeal before the Hon’ble

Supreme Court against the order of Hon’ble Division Bench of High Court there was difference of opinion between the

Hon’ble Judges of Supreme Court, hence, the appeal were placed before the Hon’ble Full Bench of Supreme Court by

referral order dated 13.11.2013. The question before the Hon’ble Full Bench was whether the workman engaged in

statutory canteens through a contractor could be treated as employee of the principle establishment. It is pertinent to

note that before the referral order Hon’ble Judges differed in their opinion regarding the liability of principle employer

running statutory canteen & further regarding the status of the workmen engage thereof. The Hon’ble judges differed

on the aspect of supervision & control which were exercised by Air India Ltd, respondent No.1 & the Hotel

Corporation of India Ltd respondent No.2 over the said workmen employed in these canteens. Referring to its various

pronouncements it was held by Hon’ble Full Bench of Supreme Court as under :-

“85.Therefore, in our considered view and in light of the above, the appellants-workmen could not be said to be

under the effective and absolute control of Air India. The Air India merely has control of supervision over the

working of the given statutory canteen. Issues regarding appointment of the said workmen, their dismissal,

812 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

payment of their salaries, etc. are within the control of the HCI. It cannot be then said that the appellants are the

workmen of Air India and therefore are entitled to regularization of their services.

86. It would be pertinent to mention, at this stage, that there is no parity in the nature of work, mode of

appointment, experience, qualifications, etc., between the regular employees of the Air India and the workers of

the given canteen. Therefore, the appellants-workmen cannot be placed at the same footing as the Air India’s

regular employees, and there by claim the same benefits as bestowed upon the latter. It would also be gainsaid to

note the fact that the appellants-herein made no claim or prayer against either of the other respondents, that is,

the HCI or the Chefair.

87. In terms of the above, the reference is answered as follows :

The workers engaged by a contractor to work in the statutory canteen of a factory would be the workers of the

said factory, but only for the purposes of the Act, 1948, and not for other purposes, and further for the said

workers, to be called the employees of the factory for all purposes, they would need to satisfy the test of

employer-employee relationship and it must be shown that the employer exercises absolute and effective control

over the said workers.

88. In view of the above, while answering the referral order, we dismiss these appeals. No order as to costs.”

30.

In the present case, admittedly applicant has been appointed by respondent No.2 & has been an employee fully

within the control & supervision of the respondent No.2. He was in receipt of pay & emoluments from respondent No.2

& respondent No.1 has no control of any nature disciplinary or otherwise over the applicant, hence, respondent No.1

cannot be held responsible for liability of respondent No.2 having exclusive control over the applicant. Out of rulings

referred from both the side, the law laid down by Hon’ble Supreme Court is attracted in fact & circumstances of the

present case. Accordingly, I am of the view that respondent No.2 is responsible for the liabilities arising out of illegal

termination of the services of the applicant & railway has neither terminated the services of the applicant nor is

responsible for such termination.

31.

About the nature of relief to be given to the applicant it has been argued by learned representative of the applicant

that applicant should be reinstated with full back wages & continuity in service. Against this it has been argued by

learned representative of Railway that Railway is not responsible in any manner to provide engagement to the applicant

in railway. It has been argued by learned representative of M/s. Gulab Rai & Co. that company is no more on business

of the railway on contract & the premises of the railway has also been vacated & handed over to the railway, hence,

applicant can’t be reinstated in service. From perusal of the file it is evident that Hon’ble Division Bench of High Court

(Jodhpur) has vide order dated 15.12.2014 has ordered M/s. Gulab Rai & Co. to vacate the premises by 23.12.2014 &

hand over the possession of canteen to railway which has been complied by the company. There is no evidence on

record to show that M/s. Gulab Rai & Co. is having any other premises elsewhere where business of present nature or

any other nature is carried out. As per finding given above it is clear that action of the management of M/s. Gulab Rai

& Co., Jodhpur in terminating the services of applicant is unjustified & illegal & in violation of provisions of 25-F of

Industrial Disputes Act. The legal position is undisputed that in case of non-compliance of section 25-F applicant

workman may be reinstated with other consequential benefits but in fact & circumstances of the present case where

reinstatement is impracticable it appears just & proper to award suitable compensation to the applicant to meet the end

of justice.

32.

The date of birth of applicant is 209.1970 which means that applicant is of the age of above 40 years at the time

of termination from service & he has been inducted in the service in the year 1998 ( date not given) as per statement of

claim. Thus, he has completed about 12 years of service. Applicant has not mentioned in statement of claim that what

was his salary at the time of entry into the service & at the time of his termination from the service. In above fact &

circumstance, I am of the view that an award of a lump sum compensation amount of Rs.16500/- to the applicant to be

paid by respondent No.2 will be sufficient to meet the end of justice.

33.

In the result, the reference is answered in affirmative in favour of applicant workman & it is held that the action

of the management of M/s. Gulab Rai & Co., Jodhpur in terminating the services of Sh. Sukha Ram S/o Sh. Vasna

Gurjar w.e.f. 8.1.2011 is illegal & unjustified. Therefore, M/s. Gulab Rai & Co. is directed to pay as compensation to

the applicant Sh. Sukha Ram a sum of Rs.16500/- (Sixteen Thousand & Five Hundred Only) instead & in lieu of his

reinstatement in service. The payment shall be made within two months from the date of publication of award failing

which the applicant shall be entitled to the amount of compensation with 8% simple interest per annum. Management

of Sr. Divisional Commercial Manager, North West Railway, Jodhpur is not responsible for termination of the services

of Sh. Sukha Ram. Application of the applicant is accordingly allowed.

34.

Award as above.

BHARAT PANDEY, Presiding Officer

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

813

ubZ fnYyh] 14 iQjojh] 2017

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jsyos ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k ,oa Je U;k;ky;] t;iqj ds iapkV (lanHkZ la[;k 34@2012) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 14-02-2017 dks

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New Delhi, the 14th February, 2017

S.O. 393.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 34/2012) of the Central Government Industrial Tribunal-cum-

Labour Court, Jaipur as shown in the Annexure, in the industrial dispute between the management of North West

Railway and their workmen, received by the Central Government on 14.02.2017.

[No. L-41012/01/2012-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JAIPUR

BHARAT PANDEY, Presiding Officer

I.D. 34/2012

Reference No. L-41012/01/2012-IR(B-I) dated: 03.02.2012

Shri Moti Lal

S/o Shri Kuna Ramji, Caste Rao,

C/o Gangunda, Tehsil- Sojat,

District – Pali (Rajasthan)

V/s

1.

Sr. Divisional Commercial Manager

North West Railway

Jodhpur.

2.

Ms. Gulabrai and Company

Railway cattering contractor

Office Flat No.11, Akashdeep

Apartment,Teesri D road,

Sardarpura, Jodhpur.

Present :

For the Applicant

:

Sh. Kunal Rawat, Adv.

For the Non-applicant Railway

:

Sh. L.P. Singhal, Adv.

For non-applicant Ms.Gulabrai & Company

:

Ex-parte/Sh. K.K.Paliwal, Manager

AWARD

27.5.2016

1.

The Central Government in exercise of the powers conferred under clause (d) of Sub Section 1 & 2(A) of Section

10 of the Industrial Disputes Act 1947 has referred the following Industrial dispute to this tribunal for adjudication:-

“Whether the action of the management of North Western Railway, Jodhpur and their contractor M/s.

Gulabrai and company in terminating the services of Shri Moti lal S/o Shri Kuna w.e.f. 08.01.2011 is

legal and justified? To what relief the workman is entitled?”

2.

Briefly fact of the case is that applicant workman was employed under respondent No.2 M/s. Gulab Rai & Co. on

7.8.2006 & started working since then. The main business of employer contractor was ‘ Train Side vending’ &

running the railway refreshment room at Jodhpur Railway Station. The work of the applicant was to maintain

cleanliness & serve meal at refreshment room to the passengers of the train. He was engaged with train side vending

814 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

also. According to contention of applicant at the time of filing of statement of claim respondent No.2 was on contract

with North Western Railway, hence, provision of Industrial Dispute Act are applicable to the respondent. Further it has

been alleged that applicant worked from 7.8.2006 to 7.1.2011 with the respondents & he was terminated from the

service of the respondent on 8.1.2011. His complaint against the termination before the Assistant Labour Commissioner

and Conciliation Officer (Central), Ajmer failed to secure his reinstatement which resulted into above reference for

adjudication.

3.

Further it has been alleged by applicant workman in para 6(a) that there was complete control & supervision of

respondent employer over the work of the workman & the applicant was working according to orders & directions of

the respondent officers. He was working for eight hours daily & paid on monthly basis. The nature of his work was of

continuing nature & facility of ESI & PF was available to him from the respondent. Applicant has worked for more

than 240 days with respondent prior to his removal from service. Applicant has further said that his removal from

service by respondent is in violation of section 25-F , 25-G , 25-H of Industrial Disputes Act, 1947 & Rule 77 & 78 of

The Industrial Disputes (Central ) Rules, 1957.

4.

In para 6 of statement of claim applicant has alleged that neither any notice or pay in lieu of notice was given to

him nor any seniority list was prepared. The nature of work performed by him was of permanent character &

respondent still needs the workmen to perform the work which was carried out by the applicant. Applicant has been

victim of unfair labour practice & to escape from the regularisation of the services of applicant respondent has

terminated him from service without conducting any domestic enquiry. Services of the applicant has been terminated in

violation of Article 39-D & 21 of Indian Constitution. Applicant has prayed to declare the order of termination dated

8.1.2011 as void & illegal & order the reinstatement of the applicant with back wages & continuity in service.

5.

In para wise reply to statement of claim by Respondent No.1, Sr. Divisional Commercial Manager, NWR,

Jodhpur, statements in paras 1, 3, 4, of statement of claim have been denied. Against para 2 it has been alleged that it

requires no answer & against para 5 it has been alleged that there is no dispute about the term of reference referred by

Central Government for adjudication. Further it has been alleged that respondent No.2 M/s. Gulab Rai & Co. was

licensee of the railway administration on contract. Respondent No.2 was permitted to do only ‘Train side Vending’ till

15.10.2011 under the order of NWR Headquarter, Jaipur, hence except above contention respondent No.2 is answerable

to remaining allegations of para 1 of the statement of claim. Respondent No.1 has specifically denied that applicant

workman has worked under respondent No.1 from 7.8.2006 to 7.1.2011 & has alleged that applicant has never worked

under the employment of respondent No.1 & respondent No.1 never removed him from the work on 8.1.2011 because

respondent No.1 neither appointed him nor engaged him for any work.

6.

Against reply to para 6 of statement of claim it has been alleged that question of compliance of section 25-F of

I.D.Act by respondent No.1 does not arise. In reply to para 6 (A) to 6(O) of the statement of claim it has been alleged

that they are not concerned with respondent No.1 & concerned with respondent No.2 only. Against para 6(P) of

statement of claim it has been alleged that removal of applicant from service has been done by respondent No.2 for

which respondent No.1 is not answerable. At last, it has been prayed that claim of the applicant be dismissed with

heavy cost against respondent No.1.

7.

Apart from above para wise reply to statement of claim two preliminary objections have been raised by

respondent No.1 that respondent No.1 is not the employer of the applicant & the applicant is not the workman of the

respondent No.1 & respondent No. 1 has not issued any appointment letter to the applicant. Respondent No.1 has been

wrongly impleaded in the case & case is bad for misjoinder of unnecessary party & petition of the applicant is

accordingly liable to be rejected. In preliminary objection No.2 it has been alleged that respondent No.1 has been

impleaded as party only to invoke the jurisdiction of the tribunal & applicant has no concern with respondent No.1,

hence, application is liable to be dismissed on the ground of jurisdiction.

8.

In reply to statement of claim by respondent No.2 paras 2 & 3 of statement of claim have been specifically denied

& para 5 have been partially admitted. Against para 6 it has been alleged that para 6(A) to 6(Q) are not applicable to

respondent No.2. Against para 1 it has been specifically denied that applicant is working since 7.8.2006. Further it has

been alleged that existence of M/s. Gulab Rai & Co. is based on contract of the railway. The business of the company

to supply meals & eatables to the passengers in the train & refreshment room at the station at the rate fixed by railway

in which no permanent employments are made because work of the respondent No.1 is not a regular business in any

manner. The business of the company is based only on the contract of the railway which are given time to time & in

this contract sometimes number of trains are increased or decreased in relation to which railway charges the fee on

monthly, third monthly or six monthly basis. Owing to above situation respondent No.2 is not capable of regularising

the business according to his choice. The work of the respondent No.2 is to run the business according to contract of

the rail department. Accordingly, based on the work of contract respondent No.2 engages the workman & when there is

no contract there remains no business with the respondent No.2. In above circumstances, regular workmen are not

engaged & therefore, workmen are engaged sometimes on daily & sometimes on monthly basis or on commission

basis, hence, provision of Industrial Disputes Act does not apply to the business of the respondent.

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815

9.

In para 2 of statement of claim applicant has claimed to have been working with due dedication & there has been

no occasion to opposite party to make any complaint against his working. Specifically denying the above allegation

opposite party No.2 M/s. Gulab Rai & Co. has said that on many occasion during surprise check it has been found that

the applicant has been collecting more amount than the prescribed rate & Rule of the Railway & for that there have

been oral complaints & applicant has been warned on those occasions. Applicant despite direction of the respondent

No.2 has been habitually bringing from outside market eatables & vending them in the train for which respondent No.2

has paid penalty beside facing embarrassment. It has been further alleged that he has been habitually absenting himself

without prior information.

10.

Against para 3 of statement of claim it has been alleged that applicant had not been appointed permanently on

7.8.2006 or anytime thereafter & has not worked continuously till 7.1.2011. Further it has been alleged that the

contract of the respondent No.2 has not been existing continuously from 7.8.2006 to 7.1.2011, hence, there was no

continuous work, accordingly contention of the applicant is wrong that he had worked continuously. Further it has

been alleged that applicant was never appointed on regular basis. Based on the quantum of the work of contract &

number of trains work was taken on daily, monthly & on many occasion commission basis. Applicant too has been

absenting from the work without prior information for long time & has been working according to his choice on

different places in the city, hence, allegation of removal of the applicant from the work & termination of his services by

respondent No.2 is wrong.

11.

It has been further alleged that after being fully aware with the situation, with motive of lowering the prestige &

image of the respondent No.2, applicant called the correspondent of D.B.Star & published misleading & false

allegations against the company which is against the interest of the company. The above act of the applicant against the

interest of the company shows lack of dedication of the applicant towards the company. On many occasions there were

complaints by railway against the applicant during checking operation when applicant has been found engaged in

earning illegal money by vending in wrong manner & collecting more money from the passengers than the prescribed

rates for the articles.

12.

Against para 5 of statement of claim it has been alleged that notice dated 5.4.2011 was sent to the applicant by

respondent No.2 which was received by applicant but neither he appeared nor answered the notice. Despite that

applicant complained before the Assistant Labour Commissioner (Central) & Conciliation Officer, Ajmer & during

conciliation proceedings applicant clearly denied to work according to rules of the company & Railway & requested to

send failure report to Central Government. Against para 6 of statement of claim it has been alleged that according to

reply of the respondent No.2 about paras 1 to 5 of the claim termination of the applicant is not illegal. About para 6(A)

to 6(Q) respondent No.2 has alleged that they do not apply to the respondent & has prayed to dismiss the claim of the

applicant.

13.

In rejoinder, applicant has denied the statements of reply submitted by respondent No.1. In rejoinder against the

reply to respondent No.2 also applicant has denied the contention of respondent No.2 .

14.

In support of statement of claim as documentary evidence applicant has filed document W-1 to W-4 along with

index which are photocopy of medical fitness certificate relating to different period. Beside these documents applicant

has filed his affidavit in evidence & has been cross examined by respondent No.1 DCM, NWR, Jodhpur.

15.

Respondent No.1 at the time of argument has filed eight pages of documentary evidence in form of photocopy

relating to handing over the possession of the Refreshment Room at Jodhpur Railway Station & photocopy of

judgement dated 15.12.2014 in D.B.Civil Special Appeal (W) No. 1683/2014, 1694/2014 & 1701/2014 of Hon’ble

Rajasthan High Court, Jodhpur. No oral evidence has been adduced by respondent No.1.

16.

As documentary evidence, respondent No.2 has filed documents totalling 23 pages on 30.1.2014. The case has

proceeded ex-parte against the respondent No.2 w.e.f. 1.10.2014. Application of respondent No.2 for cancelling the

order dated 1.10.2014 for proceeding ex-parte has been rejected on 7.1.2015. Since, then case has proceeded ex-parte

against respondent No.2. No oral evidence has been adduced by respondent No.2 because of case proceeding ex-parte

against him. Respondent No.2 thereafter has participated only at the final hearing of the argument on 12.1.2016 &

4.2.2016.

17.

Following ruling has been filed from applicant side :-

i. 2001 (2) page 128, Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative Dairy Federation

Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents.

18.

Following reportable judgement dated 25.8.2014 of full bench of Hon’ble Supreme Court of India has been filed

by respondent No.1 :-

i. Civil Appeal Nos. 10264 – 10266 of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. &

Ors………..Respondent(s).

816 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

19.

Heard the argument of learned representative of the applicant & learned representatives of both the opposite

parties & perused the record carefully.

20.

It has been argued by learned representative of the applicant that services of the applicant has been terminated on

8.1.2011 by respondent No.2, M/s. Gulab Rai & Co. against the provision of section 25-F, 25-G & 25-H of Industrial

Disputes Act & Rule 77 & 78 of The Industrial Disputes (Central ) Rules, 1957. Respondent No.2 has not given any

notice before termination of the services of the applicant. Applicant has worked continuously for more than 240 days

immediately preceding the date of termination, hence, termination of the service is without complying the provision of

section 25-F of Industrial Disputes Act. It has been further argued that railway is responsible as principal employer

because nature of the work of ‘Train Side Vending’ carried out by the workman is of permanent nature hence, there

was no reason to terminate the services of the applicant. Reliance has been placed on case reported in 2001 (2) page

128 Western Law Cases (Raj.), Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative Dairy Federation

Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents. Against this it has

been argued by learned representative of respondent No.1 that there is no proof on record that applicant had worked for

240 days immediately preceding the date of termination. It has been further argued that applicant is the employee of

M/s. Gulab Rai & Co. & there is no legal reason to shift the liability regarding termination of services of applicant on

Railway because services of the applicant has not been terminated by any of the railway authority. Reliance has been

placed by learned representative of respondent No.1 on judgement dated 25.8.2014 by Hon’ble Supreme Court (F.B.)

in Civil Appeal Nos. 10264 – 10266 of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. &

Ors………..Respondent(s) with further submission that case cited by learned representative for applicant does not

apply in the circumstances of the present case.

21.

It has been argued on behalf of M/s. Gulab Rai & Co. that when services of the applicant was terminated there

was no work with the company & contract with the railway had ceased & work was going on only on extension granted

by the railway, hence, there remained no scope to continue the employment of the applicant. Further it has been said

that owing to end of the contract respondent No.2 has vacated the premises of the railway at Jodhpur & he is not

running any vending business relating to railway hence, respondent is not in position to provide any further engagement

to the applicant. During course of argument attempt was made by learned representative of respondent No.2 M/s.

Gulabrai & Company to submit to the court document relating to vacation of premises of Railway which was

unsuccessful due to resistance of learned representative of applicant on the ground that due to ex-parte proceeding

respondent No.2 is not entitled to file the papers. Against this, it has been argued by learned representative of the

applicant that notice of the argument should not be taken by the tribunal because no evidence has been adduced by

respondent No.2.

22.

Before I proceed to discuss the issues arising out of arguments of the learned representatives of the parties it is

important to mention here that case against respondent No.2 is proceeding ex-parte since 1.10.2014 & no oral evidence

has been adduced in support of reply to statement of claim. No oral evidence has been adduced by respondent No.1also.

Applicant has been cross examined only by railway & no cross examination has been done by M/s. Gulab Rai & Co.

23.

As far as the question of the applicant being in the employment of respondent No.2 is concerned in reply to

statement of claim respondent has denied that applicant is working with him since his date of appointment on 7.8.2006.

According to statement of claim applicant is in the employemt of respondent No.2 since 7.8.2006 & has worked

continuously till 7.1.2011 & his services were terminated on 8.1.2011. During cross-examination by respondent No.1

applicant has stated that he was employed by M/s. Gulab Rai & Co. but he was not given any appointment letter in

writing. He has further alleged that he was paid by company on monthly basis & before making the monthly payment

company was securing the signature of the applicant on receipt as proof of payment. He has further alleged that he has

worked from 7.8.2006 to 7.1.2011 & before his removal from the service notice was not given to the applicant.

Applicant has not been cross-examined by respondent No.2. A close scrutiny of the reply to statement of claim by

respondent No.2 indicates that although respondent No.2 has denied the working of the applicant since 7.8.2006 but he

has admitted in para 2 of reply to statement of claim that applicant is habitual in absenting himself without prior

information & he has been habitually vending the eatables brought from outside market in the train for which

respondent No.2 has paid penalty on many occasions beside facing embarrassment. He has further alleged in para 5 of

reply that he had sent a notice to the applicant on 5.4.2011 which was not replied by him. Respondent has not filed

copy of notice on record. Nature & description of the notice has not been mentioned by the respondent. He has also

alleged in para 4 of reply that applicant lacks dedication & works against the interest of the company. Documents

alongwith affidavit in evidence filed by applicant relates to medical fitness certificate for different calendar years. All

these documents & above noted contentions of the respondent No.2 in his reply to statement of claim are sufficient

evidence to indicate that the applicant has been in the employment of respondent No.2 before termination of his

services.

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817

24.

Period of 240 days from the date of termination on 8.1.2011 shall be the period during 12 calendar month

immediately preceding the date of termination which means that applicant must be continuously in the service of the

respondent No. 2 for 12 calendar month immediately prior to 8.1.2011 & in that period must have worked for 240 days.

On the point of issue whether applicant has completed 240 days during 12 calendar month immediately preceding the

date of termination it is pertinent to note that respondent No.2 has been directed by order of the tribunal dated 4.12.13

& 19.3.14 to file documents in tribunal as per request of the applicant on application dated 11.4.12 wherein attendance

register, pay register & other documents have been requested to be summoned. Respondent No.2 has filed certain

documents on 30.1.14 but these documents are serving the own purposes of respondent No.2 & attendance register &

pay register have not been filed. Tribunal has not been informed on affidavit or otherwise about availability or non-

availability of documents relating to attendance & pay. The above situation & circumstance including ignorance of

respondent No.2 in filing the documents relating to pay & attendance & not informing about their non-availability

accompanied with uncrossed examined testimony of applicant by respondent No.2 is sufficient to draw an inference in

favour of applicant & against the respondent No.2 that applicant has worked for 240 days immediately preceding the

date of his termination on 8.1.11. There are certain other documents available on record which can show that applicant

was in engagement with respondent immediately prior to the date of termination for a period of 240 days which include

letter dated 9.7.2010 written by M/s. Gulab Rai & Co. to the Chief Regional Manager, IRCTC, Jaipur for renewal of

passes of the applicants for ‘Train Side Vending’. This indicates that applicant was in possession of pass which was

valid till 15.7.2010. Beside letter dated 9.7.2010 another letter dated 10.1.2011 has been written by the M/s. Gulab Rai

& Co. to DRM, NWR, Jodhpur for issue of passes of the applicants working with the company wherein it has been

alleged that they are doing train side vending for past 10 years. Validity of these passes are generally for a period of

one year. W-2 medical fitness certificate has been issued on 3.1.2009 which is valid till 31.12.2009 & W-3 medical

fitness certificate issued on 11.1.2010 is valid till 31.12.2010. These both documents indicate that applicant was in

employment of the service of the respondent No.2 during January, 2010. W-4 medical fitness certificate has been

issued on 5.1.2011 which is valid till 31.12.2011.w-4 medical fitness certificate indicates that applicant was in the

employment of respondent No.2 till date of termination on 7.1.2011. Based on above discussion, available documents

& evidence on record I am of the view that applicant has served with respondent No. 2 for a period of 240 days

immediately preceding the date of his termination. Inference u/s 114 (1)(G) of Evidence Act is another aspect existing

in favour of applicant.

25.

As far as the violation of section 25-G & 25-H & rule 77 & 78 is concerned applicant has not provided any

information in statement of claim that who was the last comer in the service who was to go first in case of

retrenchment. He has not given name of person junior to him retained in service. Applicant has also not given any

information in claim that any person has been appointed by M/s. Gulab Rai & Co. subsequent to removal of the

applicant. Thus, I am of the view that applicant has failed to prove that there is violation of section 25-G & 25-H of

Industrial Disputes Act. Respondent No.2 has alleged in reply to statement of claim that provision of rule 77 & 78 do

not apply to the respondent No.2. Respondent No.1 has alleged in reply that it is not related with respondent No.1 &

needs no reply. Rule 78 deals with re-employment of retrench workman. There is no evidence that respondent No.2 has

made any appointment after retrenchment of the applicant, hence, there is no violation of rule 78. In absence of

evidence for violation of section 26-G the question of violation of rule 77 has no bearing on the right of the applicant.

26. From above discussions it is clear that termination of the services of the applicant is against the provision of

section 25-F of Industrial Disputes Act. Admittedly, dismissal of the services of the applicant has been done by

respondent No. 2. It has been argued by learned representative of the applicant that railway should be held responsible

for termination of the services of the applicant as the work of the applicant in refreshment room or ‘ Train Side

Vending’ are works of permanent nature which are always available with railway & applicant should be treated as

employee of railway as principal employer. Learned representative of the applicant has relied on the case reported in

2001 (2) page 128, Western Law Cases (Raj.), Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative

Dairy Federation Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents.

Against above argument it has been argued by learned representative of the railway that applicant has himself admitted

that he was employed by M/s. Gulab Rai & Co. & his services were terminated by the company. In above fact &

circumstance, contention of the learned representative of the applicant is not sustainable that applicant should be treated

as employee of railway as principal employer. He has further submitted that case law cited by applicant side is not

applicable in the present case. He has further argued that there is no evidence of supervision & control of railway on

the applicant & his working & he is not on the pay roll of the railway, hence, railway is not responsible for the

termination of the services of the applicant & he has not been terminated by any officer of the railway. Reliance has

been placed on para 86 of judgement of Hon’ble Supreme Court dated 25.8.2014 in Civil Appeal Nos. 10264 – 10266

of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. & Ors………..Respondent(s).

818 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

27.

The main question to be answered in light of arguments advanced by learned representative of both the parties is

whether Railway is responsible for the termination of the services of the applicant which has been admittedly done by

M/s. Gulab Rai & Co.

28.

In 2001 (2) page 128, Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative Dairy Federation

Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents, respondent Sh.

Karni Singh raised dispute about termination of his services on the ground of violation of section 25-F & G of

Industrial Disputes Act, 1947. The contention of the appellant was that Sh. Karni Singh was employed by the

contractor to look after the security of the property of the appellant & he was not employed by the Federation, hence,

appellant is not liable for consequences arising out of termination of services of Sh. Karni Singh. Even if, the

termination is illegal which has taken place by his immediate employer contractor. This plea was rejected by labour

court on the basis of defence raised by workman under amended provision of Rajasthan State u/s 2(s) of I.D.Act, 1947.

Sh. Karni Singh had died during pendency of reference proceeding. The tribunal awarded a lump sum compensation to

the next of the kin of the deceased Sh. Karni Singh. Aggrieved by the award of tribunal appellant preferred writ petition

before the Hon’ble High Court under Article 226 & 227 of Indian Constitution which was dismissed by Hon’ble Single

Judge on the basis that there was no failure of substantial justice & he did not inquire into the correctness of the

contention raised by the learned counsel for the appellant that deceased was not the employee of the appellant & he was

working through contractor. Appellant filed appeal against the order of dismissal of Hon’ble Single Judge. Dismissing

the appeal it was held by Hon’ble Division Bench in para 10 & 11 of the judgement as under :-

“10.Apart from the fact that we are in agreement with the learned Single Judge that while exercising the

discretion under Articles 226 & 227 in entertaining the writ petition to keep the interest of substantial justice as

paramount consideration for invoking the extraordinary jurisdiction and discretion has appropriately not been

exercised in favour of the petitioner, we do not find any substance on merit of the contention.

11. So far as the Rajasthan is concerned the definition of ‘workman’ as provided in Section 2(s) of the Act of

1947 was amended by the Rajasthan Act No.34 of 1958 through its Section 3 w.e.f. 1.7.1960. The definition of

workman u/s 2(s) of the Act of 1947 as applicable in the State of Rajasthan since said amendment included any

person employed in any industry by a employer or by a contractor in relation to the execution of his contract with

such employer. The case of the appellant is that deceased Karni Singh was employed by a contractor in relation to

execution of his contract for maintaining security of the Federation’s property which contract was between the

Federation and the Contractor. The definition as amended in Rajasthan is clearly to include within the ambit of

employees of the establishment also the workman employed by the Contractor in execution of the contract

undertaken by the Contractor for the employer in which category even on the contention of the management,

case of Karni Singh would fall.”

29.

In Civil Appeal Nos. 10264 – 10266 of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. &

Ors………..Respondent(s), in relation to industrial dispute referred by Central Government the question referred to

Industrial Tribunal for award was whether workman as employed by respondent No.3 ( Chefair Flight Catering) to

provide canteen services at the establishment of respondent No.1 ( Air India Ltd.) could be treated as deemed employee

of the said respondent No.1. Vide order dated 5.5.2004 it was held by CGIT that workmen were employees of

respondent No.1 Air India & therefore, their claim was justified. It was further held that during the pendency of the

dispute termination of the services of the workmen was illegal. Award of the tribunal was set aside by Hon’ble Single

Judge & held that the said workmen would not be entitled to be treated as or deemed to be the employees of the Air

India. Appeal against the order of Hon’ble Single Judge was dismissed by Hon’ble Division Bench confirming the

order of Hon’ble Single Judge who observed that the responsibility to run the canteen was absolutely with the HCI &

the Air India & the HCI shared an entirely contractual relationship. Therefore, the claim of the appellants to be treated

as employees of the Air India & to be regularised was rejected by the learned single judge. In appeal before the Hon’ble

Supreme Court against the order of Hon’ble Division Bench of High Court there was difference of opinion between the

Hon’ble Judges of Supreme Court, hence, the appeal were placed before the Hon’ble Full Bench of Supreme Court by

referral order dated 13.11.2013. The question before the Hon’ble Full Bench was whether the workman engaged in

statutory canteens through a contractor could be treated as employee of the principle establishment. It is pertinent to

note that before the referral order Hon’ble Judges differed in their opinion regarding the liability of principle employer

running statutory canteen & further regarding the status of the workmen engage thereof. The Hon’ble judges differed

on the aspect of supervision & control which were exercised by Air India Ltd, respondent No.1 & the Hotel

Corporation of India Ltd respondent No.2 over the said workmen employed in these canteens. Referring to its various

pronouncements it was held by Hon’ble Full Bench of Supreme Court as under :-

“85. Therefore, in our considered view and in light of the above, the appellants-workmen could not be said to be

under the effective and absolute control of Air India. The Air India merely has control of supervision over the

working of the given statutory canteen. Issues regarding appointment of the said workmen, their dismissal,

¹Hkkx IIµ[k.M 3(ii)º

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819

payment of their salaries, etc. are within the control of the HCI. It cannot be then said that the appellants are the

workmen of Air India and therefore are entitled to regularization of their services.

86. It would be pertinent to mention, at this stage, that there is no parity in the nature of work, mode of

appointment, experience, qualifications, etc., between the regular employees of the Air India and the workers of

the given canteen. Therefore, the appellants-workmen cannot be placed at the same footing as the Air India’s

regular employees, and there by claim the same benefits as bestowed upon the latter. It would also be gainsaid to

note the fact that the appellants-herein made no claim or prayer against either of the other respondents, that is,

the HCI or the Chefair.

87. In terms of the above, the reference is answered as follows :

The workers engaged by a contractor to work in the statutory canteen of a factory would be the workers of the

said factory, but only for the purposes of the Act, 1948, and not for other purposes, and further for the said

workers, to be called the employees of the factory for all purposes, they would need to satisfy the test of

employer-employee relationship and it must be shown that the employer exercises absolute and effective control

over the said workers.

88. In view of the above, while answering the referral order, we dismiss these appeals. No order as to costs.”

30.

In the present case, admittedly applicant has been appointed by respondent No.2 & has been an employee fully

within the control & supervision of the respondent No.2. He was in receipt of pay & emoluments from respondent No.2

& respondent No.1 has no control of any nature disciplinary or otherwise over the applicant, hence, respondent No.1

cannot be held responsible for liability of respondent No.2 having exclusive control over the applicant. Out of rulings

referred from both the side, the law laid down by Hon’ble Supreme Court is attracted in fact & circumstances of the

present case. Accordingly, I am of the view that respondent No.2 is responsible for the liabilities arising out of illegal

termination of the services of the applicant & railway has neither terminated the services of the applicant nor is

responsible for such termination.

31.

About the nature of relief to be given to the applicant it has been argued by learned representative of the applicant

that applicant should be reinstated with full back wages & continuity in service. Against this it has been argued by

learned representative of Railway that Railway is not responsible in any manner to provide engagement to the applicant

in railway. It has been argued by learned representative of M/s. Gulab Rai & Co. that company is no more on business

of the railway on contract & the premises of the railway has also been vacated & handed over to the railway, hence,

applicant can’t be reinstated in service. From perusal of the file it is evident that Hon’ble Division Bench of High Court

(Jodhpur) has vide order dated 15.12.2014 has ordered M/s. Gulab Rai & Co. to vacate the premises by 23.12.2014 &

hand over the possession of canteen to railway which has been complied by the company. There is no evidence on

record to show that M/s. Gulab Rai & Co. is having any other premises elsewhere where business of present nature or

any other nature is carried out. As per finding given above it is clear that action of the management of M/s. Gulab Rai

& Co., Jodhpur in terminating the services of applicant is unjustified & illegal & in violation of provisions of 25-F of

Industrial Disputes Act. The legal position is undisputed that in case of non-compliance of section 25-F applicant

workman may be reinstated with other consequential benefits but in fact & circumstances of the present case where

reinstatement is impracticable it appears just & proper to award suitable compensation to the applicant to meet the end

of justice.

32.

The date of birth of applicant is not available on record. According to medical fitness certificate the age of the

applicant on date of termination on 8.1.2011 is about 33 years & he has been inducted in the service on 7.8.2006 as per

statement of claim. Thus, he has completed about 04years & 5 months of service. Applicant has not mentioned in

statement of claim that what was his salary at the time of entry into the service & at the time of his termination from the

service. In above fact & circumstance, I am of the view that an award of a lump sum compensation amount of

Rs.7000/- to the applicant to be paid by respondent No.2 will be sufficient to meet the end of justice.

33.

In the result, the reference is answered in affirmative in favour of applicant workman & it is held that the action

of the management of M/s. Gulab Rai & Co., Jodhpur in terminating the services of Sh. Moti Lal S/o Sh. Kuna w.e.f.

8.1.2011 is illegal & unjustified. Therefore, M/s. Gulab Rai & Co. is directed to pay as compensation to the applicant

Sh. Moti Lal a sum of Rs.7000/- (Seven Thousand Only) instead & in lieu of his reinstatement in service. The

payment shall be made within two months from the date of publication of award failing which the applicant shall be

entitled to the amount of compensation with 8% simple interest per annum. Management of Sr. Divisional Commercial

Manager, North West Railway, Jodhpur is not responsible for termination of the services of Sh. Moti Lal. Application

of the applicant is accordingly allowed.

34.

Award as above.

BHARAT PANDEY, Presiding Officer

820 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

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New Delhi, the 14th February, 2017

S.O. 394.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 44/2012) of the Central Government Industrial Tribunal-cum-

Labour Court, Jaipur as shown in the Annexure, in the industrial dispute between the management of North West

Railway and their workmen, received by the Central Government on 14.02.2017.

[No. L-41012/15/2012-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JAIPUR

BHARAT PANDEY, Presiding Officer

I.D. 44/2012

Reference No. L-41012/15/2012-IR(B-I) dated: 20.03.2012

Shri Baldev Raj Choudhary

S/o Shri Parturam

R/o Vill- Kalijan, Post : Lily

Tehsil- Kangra, District – Kangra

(Himachal Pradesh), Kangra – 176056.

V/s

1.

Sr. Divisional Commercial Manager

North West Railway

Jodhpur.

2.

Ms. Gulabrai and Company

Railway cattering contractor

Office Flat No.11, Akashdeep

Apartment,Teesri D road,

Sardarpura, Jodhpur.

Present :

For the Applicant

:

Sh. Kunal Rawat, Adv.

For the Non-applicant Railway

:

Sh. L.P. Singhal, Adv.

For non-applicant Ms.Gulabrai & Company

:

Ex-parte/Sh. K.K.Paliwal, Manager

AWARD

27.5.2016

1.

The Central Government in exercise of the powers conferred under clause (d) of Sub Section 1 & 2(A) of Section

10 of the Industrial Disputes Act 1947 has referred the following Industrial dispute to this tribunal for adjudication:-

“Whether the action of the management of North western Railway, Jodhpur and their contractor M/s.

Gulabrai and company in terminating the services of Shri Baldev Raj Chaudhary w.e.f. 08.01.2011, is

legal and justified? To what relief the workman is entitled?”

2.

Briefly fact of the case is that applicant workman was employed under respondent No.2 M/s. Gulab Rai & Co. on

4.6.1984 & started working since then. The main business of employer contractor was ‘ Train Side vending’ & running

the railway refreshment room at Jodhpur Railway Station. The work of the applicant was to maintain cleanliness &

¹Hkkx IIµ[k.M 3(ii)º

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821

serve meal at refreshment room to the passengers of the train. He was engaged with train side vending also. According

to contention of applicant at the time of filing of statement of claim respondent No.2 was on contract with North

Western Railway, hence, provision of Industrial Dispute Act are applicable to the respondent. Further it has been

alleged that applicant worked from 4.6.1984 to 7.1.2011 with the respondents & he was terminated from the service of

the respondent on 8.1.2011. His complaint against the termination before the Assistant Labour Commissioner and

Conciliation Officer (Central), Ajmer failed to secure his reinstatement which resulted into above reference for

adjudication.

3.

Further it has been alleged by applicant workman in para 6(a) that there was complete control & supervision of

respondent employer over the work of the workman & the applicant was working according to orders & directions of

the respondent officers. He was working for eight hours daily & paid on monthly basis. The nature of his work was of

continuing nature & facility of ESI & PF was available to him from the respondent. Applicant has worked for more

than 240 days with respondent prior to his removal from service. Applicant has further said that his removal from

service by respondent is in violation of section 25-F , 25-G , 25-H of Industrial Disputes Act, 1947 & Rule 77 & 78 of

The Industrial Disputes (Central ) Rules, 1957.

4.

In para 6 of statement of claim applicant has alleged that neither any notice or pay in lieu of notice was given to

him nor any seniority list was prepared. The nature of work performed by him was of permanent character &

respondent still needs the workmen to perform the work which was carried out by the applicant. Applicant has been

victim of unfair labour practice & to escape from the regularisation of the services of applicant respondent has

terminated him from service without conducting any domestic enquiry. Services of the applicant has been terminated in

violation of Article 39-D & 21 of Indian Constitution. Applicant has prayed to declare the order of termination dated

8.1.2011 as void & illegal & order the reinstatement of the applicant with back wages & continuity in service.

5.

In para wise reply to statement of claim by Respondent No.1, Divisional Commercial Manager, NWR, Jodhpur,

statements in para 1,3,4, of statement of claim have been denied. Against para 2 it has been alleged that it requires no

answer & against para 5 it has been alleged that there is no dispute about the term of reference referred by Central

Government for adjudication. Further it has been alleged that respondent No.2 M/s. Gulab Rai & Co. was licensee of

the railway administration on contract. Respondent No.2 was permitted to do only ‘Train side Vending’ till 15.10.2011

under the order of NWR Headquarter, Jaipur, hence except above contention respondent No.2 is answerable to

remaining allegations of para 1 of the statement of claim. Respondent No.1 has specifically denied that applicant

workman has worked under respondent No.1 from 4.6.1984 to 7.1.2011 & has alleged that applicant has never worked

under the employment of respondent No.1 & respondent No.1 never removed him from the work on 8.1.2011 because

respondent No.1 neither appointed him nor engaged him for any work.

6.

Against reply to para 6 of statement of claim it has been alleged that question of compliance of section 25-F of

I.D.Act by respondent No.1 does not arise. In reply to para 6 (A) to 6(O) of the statement of claim it has been alleged

that they are not concerned with respondent No.1 & concerned with respondent No.2 only. Against para 6(P) of

statement of claim it has been alleged that removal of applicant from service has been done by respondent No.2 for

which respondent No.1 is not answerable. At last, it has been prayed that claim of the applicant be dismissed with

heavy cost against respondent No.1.

7.

Apart from above para wise reply to statement of claim two preliminary objections have been raised by

respondent No.1 that respondent No.1 is not the employer of the applicant & the applicant is not the workman of the

respondent No.1 & respondent No. 1 has not issued any appointment letter to the applicant. Respondent No.1 has been

wrongly impleaded in the case & case is bad for misjoinder of unnecessary party & petition of the applicant is

accordingly liable to be rejected. In preliminary objection No.2 it has been alleged that respondent No.1 has been

impleaded as party only to invoke the jurisdiction of the tribunal & applicant has no concern with respondent No.1,

hence, application is liable to be dismissed on the ground of jurisdiction.

8.

In reply to statement of claim by respondent No.2 para 2 & 3 of statement of claim have been specifically denied

& para 5 have been partially admitted. Against para 6 it has been alleged that para 6(A) to 6(Q) are not applicable to

respondent No.2. Against para 1 it has been specifically denied that applicant is working since 4.6.1984. Further it has

been alleged that existence of M/s. Gulab Rai & Co. is based on contract of the railway. The business of the company is

to supply meals & eatables to the passengers in the train & refreshment room at the station at the rate fixed by railway

in which no permanent employments are made because work of the respondent No.1 is not a regular business in any

manner. The business of the company is based only on the contract of the railway which are given time to time & in

this contract sometimes number of trains are increased or decreased in relation to which railway charges the fee on

monthly, third monthly or six monthly basis. Owing to above situation respondent No.2 is not capable of regularising

the business according to his choice. The work of the respondent No.2 is to run the business according to contract of

the rail department. Accordingly, based on the work of contract respondent No.2 engages the workman & when there is

no contract there remains no business with the respondent No.2. In above circumstances, regular workmen are not

822 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

engaged & therefore, workmen are engaged sometimes on daily & sometimes on monthly basis or on commission

basis, hence, provision of Industrial Disputes Act does not apply to the business of the respondent.

9.

In para 2 of statement of claim applicant has claimed to have been working with due dedication & there has been

no occasion to opposite party to make any complaint against his working. Specifically denying the above allegation

opposite party No.2 M/s. Gulab Rai & Co. has said that on many occasion during surprise check it has been found that

the applicant has been collecting more amount than the prescribed rate & Rule of the Railway & for that there have

been oral complaints & applicant has been warned on those occasions. Applicant despite direction of the respondent

No.2 has been habitually bringing from outside market eatables & vending them in the train for which respondent No.2

has paid penalty beside facing embarrassment. It has been further alleged that he has been habitually absenting himself

without prior information.

10.

Against para 3 of statement of claim it has been alleged that applicant had not been appointed permanently on

4.6.1984 or anytime thereafter & has not worked continuously till 7.1.2011. Further it has been alleged that the contract

of the respondent No.2 has not been existing continuously from 4.6.1984 to 7.1.2011, hence, there was no continuous

work, accordingly contention of the applicant is wrong that he had worked continuously. Further it has been alleged

that applicant was never appointed on regular basis. Based on the quantum of the work of contract & number of trains

work was taken on daily, monthly & on many occasion commission basis. Applicant too has been absenting from the

work without prior information for long time & has been working according to his choice on different places in the

city, hence, allegation of removal of the applicant from the work & termination of his services by respondent No.2 is

wrong.

11.

It has been further alleged that after being fully aware with the situation, with motive of lowering the prestige &

image of the respondent No.2, applicant called the correspondent of D.B.Star & published misleading & false

allegations against the company which is against the interest of the company. The above act of the applicant against the

interest of the company shows lack of dedication of the applicant towards the company. On many occasions there were

complaints by railway against the applicant during checking operation when applicant has been found engaged in

earning illegal money by vending in wrong manner & collecting more money from the passengers than the prescribed

rates for the articles.

12.

Against para 5 of statement of claim it has been alleged that notice dated 5.4.2011 was sent to the applicant by

respondent No.2 which was received by applicant but neither he appeared nor answered the notice. Despite that

applicant complained before the Assistant Labour Commissioner (Central) & Conciliation Officer, Ajmer & during

conciliation proceedings applicant clearly denied to work according to rules of the company & Railway & requested to

send failure report to Central Government. Against para 6 of statement of claim it has been alleged that according to

reply of the respondent No.2 about para 1 to 5 of the claim termination of the applicant is not illegal. About para 6(A)

to 6(Q) respondent No.2 has alleged that they do not apply to the respondent & has prayed to dismiss the claim of the

applicant.

13.

In rejoinder, applicant has denied the statements of reply submitted by respondent No.1. In rejoinder against the

reply to respondent No.2 also applicant has denied the contention of respondent No.2 .

14.

In support of statement of claim as documentary evidence applicant has filed document w-1 to w-6 along with

index which are photocopy of identity card, character certificate & medical certificate relating to different period.

Beside these documents applicant has filed his affidavit in evidence & has been cross examined by respondent No.1

DCM, NWR, Jodhpur.

15.

Respondent No.1 at the time of argument has filed eight pages of documentary evidence in form of photocopy

relating to handing over the possession of the Refreshment Room at Jodhpur Railway Station & photocopy of

judgement dated 15.12.2014 in D.B.Civil Special Appeal (W) No. 1683/2014, 1694/2014 & 1701/2014 of Hon’ble

Rajasthan High Court, Jodhpur. No oral evidence has been adduced by respondent No.1.

16.

As documentary evidence, respondent No.2 has filed documents totalling 23 pages on 30.1.2014. The case has

proceeded ex-parte against the respondent No.2 w.e.f. 1.10.2014. Application of respondent No.2 for cancelling the

order dated 1.10.2014 for proceeding ex-parte has been rejected on 7.1.2015. Since, then case has proceeded ex-parte

against respondent No.2. No oral evidence has been adduced by respondent No.2 because of case proceeding ex-parte

against him. Respondent No.2 thereafter has participated only at the final hearing of the argument on 12.1.2016 &

4.2.2016.

17.

Following ruling has been filed from applicant side :-

i. 2001 (2) page 128, Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative Dairy Federation

Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents.

¹Hkkx IIµ[k.M 3(ii)º

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823

18.

Following reportable judgement dated 25.8.2014 of full bench of Hon’ble Supreme Court of India has been filed

by respondent No.1 :-

i. Civil Appeal Nos. 10264 – 10266 of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. &

Ors………..Respondent(s).

19.

Heard the argument of learned representative of the applicant & learned representatives of both the opposite

parties & perused the record carefully.

20.

It has been argued by learned representative of the applicant that services of the applicant has been terminated on

8.1.2011 by respondent No.2, M/s. Gulab Rai & Co. against the provision of section 25-F, 25-G & 25-H of Industrial

Disputes Act & Rule 77 & 78 of The Industrial Disputes (Central ) Rules, 1957. Respondent No.2 has not given any

notice before termination of the services of the applicant. Applicant has worked continuously for more than 240 days

immediately preceding the date of termination, hence, termination of the service is without complying the provision of

section 25-F of Industrial Disputes Act. It has been further argued that railway is responsible as principal employer

because nature of the work of ‘Train Side Vending’ carried out by the workman is of permanent nature hence, there

was no reason to terminate the services of the applicant. Reliance has been placed on case reported in 2001 (2) page

128 Western Law Cases (Raj.), Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative Dairy Federation

Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents. Against this it has

been argued by learned representative of respondent No.1 that there is no proof on record that applicant had worked for

240 days immediately preceding the date of termination. It has been further argued that applicant is the employee of

M/s. Gulab Rai & Co. & there is no legal reason to shift the liability regarding termination of services of applicant on

Railway because services of the applicant has not been terminated by any of the railway authority. Reliance has been

placed by learned representative of respondent No.1 on judgement dated 25.8.2014 by Hon’ble Supreme Court (F.B.)

in Civil Appeal Nos. 10264 – 10266 of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. &

Ors………..Respondent(s) with further submission that case cited by learned representative for applicant does not

apply in the circumstances of the present case.

21.

It has been argued on behalf of M/s. Gulab Rai & Co. that when services of the applicant was terminated there

was no work with the company & contract with the railway had ceased & work was going on only on extension granted

by the railway, hence, there remained no scope to continue the employment of the applicant. Further it has been said

that owing to end of the contract respondent No.2 has vacated the premises of the railway at Jodhpur & he is not

running any vending business relating to railway hence, respondent is not in position to provide any further engagement

to the applicant. During course of argument attempt was made by learned representative of respondent No.2 M/s.

Gulabrai & Company to submit to the court document relating to vacation of premises of Railway which was

unsuccessful due to resistance of learned representative of applicant on the ground that due to ex-parte proceeding

respondent No.2 is not entitled to file the papers. Against this, it has been argued by learned representative of the

applicant that notice of the argument should not be taken by the tribunal because no evidence has been adduced by

respondent No.2.

22.

Before I proceed to discuss the issues arising out of arguments of the learned representatives of the parties it is

important to mention here that case against respondent No.2 is proceeding ex-parte since 1.10.2014 & no oral evidence

has been adduced in support of reply to statement of claim. No oral evidence has been adduced by respondent No.1also.

Applicant has been cross examined only by railway & no cross examination has been done by M/s. Gulab Rai & Co.

23.

As far as the question of the applicant being in the employment of respondent No.2 is concerned in reply to

statement of claim respondent has denied that applicant is working with him since his date of appointment on 4.6.1984.

According to statement of claim applicant is in the employemt of respondent No.2 since 4.6.1984 & has worked

continuously till 7.1.2011 & his services were terminated on 8.1.2011. During cross-examination by respondent No.1

applicant has stated that he was employed by M/s. Gulab Rai & Co. but he was not given any appointment letter in

writing. He has further alleged that he was paid by company on monthly basis & before making the monthly payment

company was securing the signature of the applicant on receipt as proof of payment. He has further alleged that he has

worked from 4.6.1984 to 7.1.2011 & before his removal from the service notice was not given to the applicant.

Applicant has not been cross-examined by respondent No.2. A close scrutiny of the reply to statement of claim by

respondent No.2 indicates that although respondent No.2 has denied the working of the applicant since 4.6.1984 but he

has admitted in para 2 of reply to statement of claim that applicant is habitual in absenting himself without prior

information & he has been habitually vending the eatables brought from outside market in the train for which

respondent No.2 has paid penalty on many occasions beside facing embarrassment. He has further alleged in para 5 of

reply that he had sent a notice to the applicant on 5.4.2011 which was not replied by him. Respondent has not filed

copy of notice on record. Nature & description of the notice has not been mentioned by the respondent. He has also

alleged in para 4 of reply that applicant lacks dedication & works against the interest of the company. Documents

alongwith affidavit in evidence filed by applicant include identity card, Character Certificate issued by Gulabrai & Co

824 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

& Medical Examination certificate. All these documents & above noted contentions of the respondent No.2 in his reply

to statement of claim are sufficient evidence to indicate that the applicant has been in the employment of respondent

No.2 before termination of his services.

24.

Period of 240 days from the date of termination on 8.1.2011 shall be the period during 12 calendar month

immediately preceding the date of termination which means that applicant must be continuously in the service of the

respondent No. 2 for 12 calendar month immediately prior to 8.1.2011 & in that period must have worked for 240 days.

On the point of issue whether applicant has completed 240 days during 12 calendar month immediately preceding the

date of termination it is pertinent to note that respondent No.2 has been directed by order of the tribunal dated 4.12.13

& 19.3.14 to file documents in tribunal as per request of the applicant on application dated 11.4.12 wherein attendance

register, pay register & other documents have been requested to be summoned. Respondent No.2 has filed certain

documents on 30.1.14 but these documents are serving the own purposes of respondent No.2 & attendance register &

pay register have not been filed. Tribunal has not been informed on affidavit or otherwise about availability or non-

availability of documents relating to attendance & pay. The above situation & circumstance including ignorance of

respondent No.2 in filing the documents relating to pay & attendance & not informing about their non-availability

accompanied with uncrossed examined testimony of applicant by respondent No.2 is sufficient to draw an inference in

favour of applicant & against the respondent No.2 that applicant has worked for 240 days immediately preceding the

date of his termination on 8.1.11. There are certain other documents available on record which can show that applicant

was in engagement with respondent immediately prior to the date of termination for a period of 240 days which include

letter dated 9.7.2010 written by M/s. Gulab Rai & Co. to the Chief Regional Manager, IRCTC, Jaipur for renewal of

passes of the applicants for ‘Train Side Vending’. This indicates that applicant was in possession of pass which was

valid till 15.7.2010. Beside letter dated 9.7.2010 another letter dated 10.1.2011 has been written by the M/s. Gulab Rai

& Co. to DRM, NWR, Jodhpur for issue of passes of the applicants working with the company wherein it has been

alleged that they are doing train side vending for past 10 years. Validity of these passes are generally for a period of

one year. W-5, medical certificate for calendar year 2010 issued by Railway Doctor to applicant dated 7.1.2010

acknowledges that applicant was in the service of the company on 7.1.2010. This document indicates that applicant was

in employment of the respondent No. 2 in the month of January, 2010. Exhibit w-6 provides information about the fact

that applicant was medically examined on 5.1.2011 & found fit. Validity of this medical certificate is till 31.12.2011.

This indicates that applicant was in the employment of the respondent No.2 till 7.1.2011. Based on above discussion,

available documents & evidence on record I am of the view that applicant has served with respondent No. 2 for a

period of 240 days immediately preceding the date of his termination. Inference u/s 114 (1)(G) of Evidence Act is

another aspect existing in favour of applicant.

25.

As far as the violation of section 25-G & 25-H & rule 77 & 78 is concerned applicant has not provided any

information in statement of claim that who was the last comer in the service who was to go first in case of

retrenchment. He has not given name of person junior to him retained in service. Applicant has also not given any

information that any person has been appointed by M/s. Gulab Rai & Co. subsequent to removal of the applicant. Thus,

I am of the view that applicant has failed to adduce evidence to prove that there is violation of section 25-G & 25-H of

Industrial Disputes Act. Respondent No.2 has alleged in reply to statement of claim that provision of rule 77 & 78 do

not apply to the respondent No.2. Respondent No.1 has alleged in reply that it is not related with respondent No.1 &

needs no reply. Rule 78 deals with re-employment of retrenched workman. There is no evidence that respondent No.2

has made any appointment after retrenchment of the applicant, hence, there is no violation of rule 78. In absence of

evidence for violation of section 26-G the question of violation of rule 77 has no bearing on the right of the applicant.

26. From above discussions it is clear that termination of the services of the applicant is against the provision of

section 25-F of Industrial Disputes Act. Admittedly, dismissal of the services of the applicant has been done by

respondent No. 2. It has been argued by learned representative of the applicant that railway should be held responsible

for termination of the services of the applicant as the work of the applicant in refreshment room or ‘ Train Side

Vending’ are works of permanent nature which are always available with railway & applicant should be treated as

employee of railway as principal employer. Learned representative of the applicant has relied on the case reported in

2001 (2) page 128, Western Law Cases (Raj.), Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative

Dairy Federation Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents.

Against above argument it has been argued by learned representative of the railway that applicant has himself admitted

that he was employed by M/s. Gulab Rai & Co. & his services were terminated by the company. In above fact &

circumstance, contention of the learned representative of the applicant is not sustainable that applicant should be treated

as employee of railway as principal employer. He has further submitted that case law cited by applicant side is not

applicable in the present case. He has further argued that there is no evidence of supervision & control of railway on

the applicant & his working & he is not on the pay roll of the railway, hence, railway is not responsible for the

termination of the services of the applicant & he has not been terminated by any officer of the railway. Reliance has

been placed on para 86 of judgement of Hon’ble Supreme Court dated 25.8.2014 in Civil Appeal Nos. 10264 – 10266

of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. & Ors………..Respondent(s).

¹Hkkx IIµ[k.M 3(ii)º

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825

27.

The main question to be answered in light of arguments advanced by learned representative of both the parties is

whether Railway is responsible for the termination of the services of the applicant which has been admittedly done by

M/s. Gulab Rai & Co.

28.

In 2001 (2) page 128, Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative Dairy Federation

Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents, respondent Sh.

Karni Singh raised dispute about termination of his services on the ground of violation of section 25-F & G of

Industrial Disputes Act, 1947. The contention of the appellant was that Sh. Karni Singh was employed by the

contractor to look after the security of the property of the appellant & he was not employed by the Federation, hence,

appellant is not liable for consequences arising out of termination of services of Sh. Karni Singh even if, the

termination is illegal which has taken place by his immediate employer contractor. This plea was rejected by labour

court on the basis of defence raised by workman under amended provision of Rajasthan State u/s 2(s) of I.D.Act, 1947.

Sh. Karni Singh had died during pendency of reference proceeding. The tribunal awarded a lump sum compensation to

the next of the kin of the deceased Sh. Karni Singh. Aggrieved by the award of tribunal appellant preferred writ petition

before the Hon’ble High Court under Article 226 & 227 of Indian Constitution which was dismissed by Hon’ble Single

Judge on the basis that there was no failure of substantial justice & he did not inquire into the correctness of the

contention raised by the learned counsel for the appellant that deceased was not the employee of the appellant & he was

working through contractor. Appellant filed appeal against the order of dismissal of Hon’ble Single Judge. Dismissing

the appeal it was held by Hon’ble Division Bench in para 10 & 11 of the judgement as under :-

“10.Apart from the fact that we are in agreement with the learned Single Judge that while exercising the

discretion under Articles 226 & 227 in entertaining the writ petition to keep the interest of substantial justice as

paramount consideration for invoking the extraordinary jurisdiction and discretion has appropriately not been

exercised in favour of the petitioner, we do not find any substance on merit of the contention.

11. So far as the Rajasthan is concerned the definition of ‘workman’ as provided in Section 2(s) of the Act of

1947 was amended by the Rajasthan Act No.34 of 1958 through its Section 3 w.e.f. 1.7.1960. The definition of

workman u/s 2(s) of the Act of 1947 as applicable in the State of Rajasthan since said amendment included any

person employed in any industry by a employer or by a contractor in relation to the execution of his contract with

such employer. The case of the appellant is that deceased Karni Singh was employed by a contractor in relation to

execution of his contract for maintaining security of the Federation’s property which contract was between the

Federation and the Contractor. The definition as amended in Rajasthan is clearly to include within the ambit of

employees of the establishment also the workman employed by the Contractor in execution of the contract

undertaken by the Contractor for the employer in which category even on the contention of the management,

case of Karni Singh would fall.”

29.

In Civil Appeal Nos. 10264 – 10266 of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. &

Ors………..Respondent(s), in relation to industrial dispute referred by Central Government the question referred to

Industrial Tribunal for award was whether workman as employed by respondent No.3 ( Chefair Flight Catering) to

provide canteen services at the establishment of respondent No.1 ( Air India Ltd.) could be treated as deemed employee

of the said respondent No.1. Vide order dated 5.5.2004 it was held by CGIT that workmen were employees of

respondent No.1 Air India & therefore, their claim was justified. It was further held that during the pendency of the

dispute termination of the services of the workmen was illegal. Award of the tribunal was set aside by Hon’ble Single

Judge & held that the said workmen would not be entitled to be treated as or deemed to be the employees of the Air

India. Appeal against the order of Hon’ble Single Judge was dismissed by Hon’ble Division Bench confirming the

order of Hon’ble Single Judge who observed that the responsibility to run the canteen was absolutely with the HCI &

the Air India & the HCI shared an entirely contractual relationship. Therefore, the claim of the appellants to be treated

as employees of the Air India & to be regularised was rejected by the learned single judge. In appeal before the Hon’ble

Supreme Court against the order of Hon’ble Division Bench of High Court there was difference of opinion between the

Hon’ble Judges of Supreme Court, hence, the appeal were placed before the Hon’ble Full Bench of Supreme Court by

referral order dated 13.11.2013. The question before the Hon’ble Full Bench was whether the workman engaged in

statutory canteens through a contractor could be treated as employee of the principle establishment. It is pertinent to

note that before the referral order Hon’ble Judges differed in their opinion regarding the liability of principle employer

running statutory canteen & further regarding the status of the workmen engage thereof. The Hon’ble judges differed

on the aspect of supervision & control which were exercised by Air India Ltd,, respondent No.1 & the Hotel

Corporation of India Ltd. respondent No.2 over the said workmen employed in these canteens. Referring to its various

pronouncements it was held by Hon’ble Full Bench of Supreme Court as under :-

“85. Therefore, in our considered view and in light of the above, the appellants-workmen could not be said to

be under the effective and absolute control of Air India. The Air India merely has control of supervision over the

working of the given statutory canteen. Issues regarding appointment of the said workmen, their dismissal,

826 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

payment of their salaries, etc. are within the control of the HCI. It cannot be then said that the appellants are the

workmen of Air India and therefore are entitled to regularization of their services.

86. It would be pertinent to mention, at this stage, that there is no parity in the nature of work, mode of

appointment, experience, qualifications, etc., between the regular employees of the Air India and the workers of

the given canteen. Therefore, the appellants-workmen cannot be placed at the same footing as the Air India’s

regular employees, and there by claim the same benefits as bestowed upon the latter. It would also be gainsaid to

note the fact that the appellants-herein made no claim or prayer against either of the other respondents, that is,

the HCI or the Chefair.

87. In terms of the above, the reference is answered as follows :

The workers engaged by a contractor to work in the statutory canteen of a factory would be the workers of the

said factory, but only for the purposes of the Act, 1948, and not for other purposes, and further for the said

workers, to be called the employees of the factory for all purposes, they would need to satisfy the test of

employer-employee relationship and it must be shown that the employer exercises absolute and effective control

over the said workers.

88. In view of the above, while answering the referral order, we dismiss these appeals. No order as to costs.”

30.

In the present case, admittedly applicant has been appointed by respondent No.2 & has been an employee fully

within the control & supervision of the respondent No.2. He was in receipt of pay & emoluments from respondent No.2

& respondent No.1 has no control of any nature disciplinary or otherwise over the applicant, hence, respondent No.1

cannot be held responsible for liability of respondent No.2 having exclusive control over the applicant. Out of rulings

referred from both the side, the law laid down by Hon’ble Supreme Court is attracted in fact & circumstances of the

present case. Accordingly, I am of the view that respondent No.2 is responsible for the liabilities arising out of illegal

termination of the services of the applicant & railway has neither terminated the services of the applicant nor is

responsible for such termination.

31.

About the nature of relief to be given to the applicant it has been argued by learned representative of the applicant

that applicant should be reinstated with full back wages & continuity in service. Against this it has been argued by

learned representative of Railway that Railway is not responsible in any manner to provide engagement to the applicant

in railway. It has been argued by learned representative of M/s. Gulab Rai & Co. that company is no more on business

of the railway on contract & the premises of the railway has also been vacated & handed over to the railway, hence,

applicant can’t be reinstated in service. From perusal of the file it is evident that Hon’ble Division Bench of High Court

(Jodhpur) has vide order dated 15.12.2014 has ordered M/s. Gulab Rai & Co. to vacate the premises by 23.12.2014 &

hand over the possession & canteen to railway which has been complied by the company. There is no evidence on

record to show that M/s. Gulab Rai & Co. is having any other premises elsewhere where business of present nature or

any other nature is carried out. As per finding given above it is clear that action of the management of M/s. Gulab Rai

& Co., Jodhpur in terminating the services of applicant is unjustified & illegal & in violation of provisions of 25-F of

Industrial Disputes Act. The legal position is undisputed that in case of non-compliance of section 25-F applicant

workman may be reinstated with other consequential benefits but in fact & circumstances of the present case where

reinstatement is impracticable it appears just & proper to award suitable compensation to the applicant to meet the end

of justice.

32.

The date of birth of applicant is April, 1962 which means that applicant is of the age of above 48 years at the time

of termination from service & he has been inducted in the service on 4.6.1984 as per statement of claim. Thus, he has

completed about 26 & 7 months of service. Applicant has not mentioned in statement of claim that what was his salary

at the time of entry into the service & at the time of his termination from the service. In above fact & circumstance, I

am of the view that an award of a lump sum compensation amount of Rs.34,000/- to the applicant to be paid by

respondent No.2 will be sufficient to meet the end of justice.

33.

In the result, the reference is answered in affirmative in favour of applicant workman & it is held that the

action of the management of M/s. Gulab Rai & Co., Jodhpur in terminating the services of Sh. Baldev Raj Choudhary

S/o Sh. Parturam w.e.f. 8.1.2011 is illegal & unjustified. Therefore, M/s. Gulab Rai & Co. is directed to pay as

compensation to the applicant Sh. Baldev Raj Choudhary a sum of Rs.34000/- (Thirty Four Thousand) instead & in

lieu of his reinstatement in service. The payment shall be made within two months from the date of publication of

award failing which the applicant shall be entitled to the amount of compensation with 8% simple interest per annum.

Management of North Western Railway, Jodhpur is not responsible for termination of services of Sh. Baldev Raj

Choudhary. Application of the applicant is accordingly allowed.

34.

Award as above.

BHARAT PANDEY, Presiding Officer

¹Hkkx IIµ[k.M 3(ii)º

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827

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New Delhi, the 14th February, 2017

S.O. 395.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 46/2012) of the Central Government Industrial Tribunal-cum-

Labour Court, Jaipur as shown in the Annexure, in the industrial dispute between the management of North West

Railway and their workmen, received by the Central Government on 14.02.2017.

[No. L-41012/10/2012-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JAIPUR

BHARAT PANDEY, Presiding Officer

I.D. 46/2012

Reference No. L-41012/10/2012-IR(B-I) dated: 14.03.2012

Shri Shankar

S/o Shri Ramchandra Jaaat

C/o R.M.V. Baytu, Bhimji,

Tehsil Baytu, District : Badmer (Rajasthan)

Rajasthan.

V/s

1.

Sr. Divisional Commercial Manager

North West Railway

Jodhpur.

2.

Ms. Gulabrai and Company

Railway cattering contractor

Office Flat No.11, Akashdeep

Apartment,Teesri D road,

Sardarpura, Jodhpur.

Present :

For the Applicant

:

Sh. Kunal Rawat, Adv.

For the Non-applicant Railway

:

Sh. L.P. Singhal, Adv.

For non-applicant Ms.Gulabrai & Company

:

Ex-parte/Sh. K.K.Paliwal, Manager

AWARD

27.5.2016

1.

The Central Government in exercise of the powers conferred under clause (d) of Sub Section 1 & 2(A) of Section

10 of the Industrial Disputes Act 1947 has referred the following Industrial dispute to this tribunal for adjudication:-

“Whether the action of the management of Sr. Divisional Commercial Manager/ Ms. Gulabrai and

company, Jodhpur in terminating the services of Shri Shankar S/o Shri Ramchandra Jaat w.e.f.

08.01.2011 is legal and justified? To what relief the workman is entitled?”

2.

Briefly fact of the case is that applicant workman was employed under respondent No.2 M/s. Gulab Rai & Co. on

7.6.2008 & started working since then. The main business of employer contractor was ‘ Train Side vending’ &

running the railway refreshment room at Jodhpur Railway Station. The work of the applicant was to maintain

828 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

cleanliness & serve meal at refreshment room to the passengers of the train. He was engaged with train side vending

also. According to contention of applicant at the time of filing of statement of claim respondent No.2 was on contract

with North Western Railway, hence, provision of Industrial Dispute Act are applicable to the respondent. Further it has

been alleged that applicant worked from 7.6.2008 to 7.1.2011 with the respondents & he was terminated from the

service of the respondent on 8.1.2011. His complaint against the termination before the Assistant Labour Commissioner

and Conciliation Officer (Central), Ajmer failed to secure his reinstatement which resulted into above reference for

adjudication.

3.

Further it has been alleged by applicant workman in para 6(a) that there was complete control & supervision of

respondent employer over the work of the workman & the applicant was working according to orders & directions of

the respondent officers. He was working for eight hours daily & paid on monthly basis. The nature of his work was of

continuing nature & facility of ESI & PF was available to him from the respondent. Applicant has worked for more

than 240 days with respondent prior to his removal from service. Applicant has further said that his removal from

service by respondent is in violation of section 25-F , 25-G , 25-H of Industrial Disputes Act, 1947 & Rule 77 & 78 of

The Industrial Disputes (Central ) Rules, 1957.

4.

In para 6 of statement of claim applicant has alleged that neither any notice or pay in lieu of notice was given to

him nor any seniority list was prepared. The nature of work performed by him was of permanent character &

respondent still needs the workmen to perform the work which was carried out by the applicant. Applicant has been

victim of unfair labour practice & to escape from the regularisation of the services of applicant respondent has

terminated him from service without conducting any domestic enquiry. Services of the applicant has been terminated in

violation of Article 39-D & 21 of Indian Constitution. Applicant has prayed to declare the order of termination dated

8.1.2011 as void & illegal & order the reinstatement of the applicant with back wages & continuity in service.

5.

In para wise reply to statement of claim by Respondent No.1, Divisional Commercial Manager, NWR, Jodhpur,

statements in para 1,3,4, of statement of claim have been denied. Against para 2 it has been alleged that it requires no

answer & against para 5 it has been alleged that there is no dispute about the term of reference referred by Central

Government for adjudication. Further it has been alleged that respondent No.2 M/s. Gulab Rai & Co. was licensee of

the railway administration on contract. Respondent No.2 was permitted to do only ‘Train side Vending’ till 15.10.2011

under the order of NWR Headquarter, Jaipur, hence except above contention respondent No.2 is answerable to

remaining allegations of para 1 of the statement of claim. Respondent No.1 has specifically denied that applicant

workman has worked under respondent No.1 from 7.6.2008 to 7.1.2011 & has alleged that applicant has never worked

under the employment of respondent No.1 & respondent No.1 never removed him from the work on 8.1.2011 because

respondent No.1 neither appointed him nor engaged him for any work.

6.

Against reply to para 6 of statement of claim it has been alleged that question of compliance of section 25-F of

I.D.Act by respondent No.1 does not arise. In reply to para 6 (A) to 6(O) of the statement of claim it has been alleged

that they are not concerned with respondent No.1 & concerned with respondent No.2 only. Against para 6(P) of

statement of claim it has been alleged that removal of applicant from service has been done by respondent No.2 for

which respondent No.1 is not answerable. At last, it has been prayed that claim of the applicant be dismissed with

heavy cost against respondent No.1.

7.

Apart from above para wise reply to statement of claim two preliminary objections have been raised by

respondent No.1 that respondent No.1 is not the employer of the applicant & the applicant is not the workman of the

respondent No.1 & respondent No. 1 has not issued any appointment letter to the applicant. Respondent No.1 has been

wrongly impleaded in the case & case is bad for misjoinder of unnecessary party & petition of the applicant is

accordingly liable to be rejected. In preliminary objection No.2 it has been alleged that respondent No.1 has been

impleaded as party only to invoke the jurisdiction of the tribunal & applicant has no concern with respondent No.1,

hence, application is liable to be dismissed on the ground of jurisdiction.

8.

In reply to statement of claim by respondent No.2 para 2 & 3 of statement of claim have been specifically denied

& para 5 have been partially admitted. Against para 6 it has been alleged that para 6(A) to 6(Q) are not applicable to

respondent No.2. Against para 1 it has been specifically denied that applicant is working since 7.6.2008. Further it has

been alleged that existence of M/s. Gulab Rai & Co. is based on contract of the railway. The business of the company is

to supply meals & eatables to the passengers in the train & refreshment room at the station at the rate fixed by railway

in which no permanent employments are made because work of the respondent No.1 is not a regular business in any

manner. The business of the company is based only on the contract of the railway which are given time to time & in

this contract sometimes number of trains are increased or decreased in relation to which railway charges the fee on

monthly, third monthly or six monthly basis. Owing to above situation respondent No.2 is not capable of regularising

the business according to his choice. The work of the respondent No.2 is to run the business according to contract of

the rail department. Accordingly, based on the work of contract respondent No.2 engages the workman & when there is

no contract there remains no business with the respondent No.2. In above circumstances, regular workmen are not

¹Hkkx IIµ[k.M 3(ii)º

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829

engaged & therefore, workmen are engaged sometimes on daily & sometimes on monthly basis or on commission

basis, hence, provision of Industrial Disputes Act does not apply to the business of the respondent.

9.

In para 2 of statement of claim applicant has claimed to have been working with due dedication & there has been

no occasion to opposite party to make any complaint against his working. Specifically denying the above allegation

opposite party No.2 M/s. Gulab Rai & Co. has said that on many occasion during surprise check it has been found that

the applicant has been collecting more amount than the prescribed rate & Rule of the Railway & for that there have

been oral complaints & applicant has been warned on those occasions. Applicant despite direction of the respondent

No.2 has been habitually bringing from outside market eatables & vending them in the train for which respondent No.2

has paid penalty beside facing embarrassment. It has been further alleged that he has been habitually absenting himself

without prior information.

10.

Against para 3 of statement of claim it has been alleged that applicant had not been appointed permanently on

7.6.2008 or anytime thereafter & has not worked continuously till 7.1.2011. Further it has been alleged that the

contract of the respondent No.2 has not been existing continuously from 7.6.2008 to 7.1.2011, hence, there was no

continuous work, accordingly contention of the applicant is wrong that he had worked continuously. Further it has

been alleged that applicant was never appointed on regular basis. Based on the quantum of the work of contract &

number of trains work was taken on daily, monthly & on many occasion commission basis. Applicant too has been

absenting from the work without prior information for long time & has been working according to his choice on

different places in the city, hence, allegation of removal of the applicant from the work & termination of his services by

respondent No.2 is wrong.

11.

It has been further alleged that after being fully aware with the situation, with motive of lowering the prestige &

image of the respondent No.2, applicant called the correspondent of D.B.Star & published misleading & false

allegations against the company which is against the interest of the company. The above act of the applicant against the

interest of the company shows lack of dedication of the applicant towards the company. On many occasions there were

complaints by railway against the applicant during checking operation when applicant has been found engaged in

earning illegal money by vending in wrong manner & collecting more money from the passengers than the prescribed

rates for the articles.

12.

Against para 5 of statement of claim it has been alleged that notice dated 5.4.2011 was sent to the applicant by

respondent No.2 which was received by applicant but neither he appeared nor answered the notice. Despite that

applicant complained before the Assistant Labour Commissioner (Central) & Conciliation Officer, Ajmer & during

conciliation proceedings applicant clearly denied to work according to rules of the company & Railway & requested to

send failure report to Central Government. Against para 6 of statement of claim it has been alleged that according to

reply of the respondent No.2 about para 1 to 5 of the claim termination of the applicant is not illegal. About para 6(A)

to 6(Q) respondent No.2 has alleged that they do not apply to the respondent & has prayed to dismiss the claim of the

applicant.

13.

In rejoinder, applicant has denied the statements of reply submitted by respondent No.1. In rejoinder against the

reply to respondent No.2 also applicant has denied the contention of respondent No.2 .

14.

In support of statement of claim as documentary evidence applicant has filed document w-1 to w-5 along with

index which are photocopy of identity card & medical examination certificate relating to different period. Beside these

documents applicant has filed his affidavit in evidence & has been cross examined by respondent No.1 DCM, NWR,

Jodhpur.

15.

Respondent No.1 at the time of argument has filed eight pages of documentary evidence in form of photocopy

relating to handing over the possession of the Refreshment Room at Jodhpur Railway Station & photocopy of

judgement dated 15.12.2014 in D.B.Civil Special Appeal (W) No. 1683/2014, 1694/2014 & 1701/2014 of Hon’ble

Rajasthan High Court, Jodhpur. No oral evidence has been adduced by respondent No.1.

16.

As documentary evidence, respondent No.2 has filed documents totalling 23 pages on 30.1.2014. The case has

proceeded ex-parte against the respondent No.2 w.e.f. 1.10.2014. Application of respondent No.2 for cancelling the

order dated 1.10.2014 for proceeding ex-parte has been rejected on 7.1.2015. Since, then case has proceeded ex-parte

against respondent No.2. No oral evidence has been adduced by respondent No.2 because of case proceeding ex-parte

against him. Respondent No.2 thereafter has participated only at the final hearing of the argument on 12.1.2016 &

4.2.2016.

17.

Following ruling has been filed from applicant side :-

i. 2001 (2) page 128, Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative Dairy Federation

Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents.

830 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

18.

Following reportable judgement dated 25.8.2014 of full bench of Hon’ble Supreme Court of India has been filed

by respondent No.1 :-

i.

Civil Appeal Nos. 10264 – 10266 of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air

India Ltd. & Ors………..Respondent(s).

19.

Heard the argument of learned representative of the applicant & learned representatives of both the opposite

parties & perused the record carefully.

20.

It has been argued by learned representative of the applicant that services of the applicant has been terminated on

8.1.2011 by respondent No.2, M/s. Gulab Rai & Co. against the provision of section 25-F, 25-G & 25-H of Industrial

Disputes Act & Rule 77 & 78 of The Industrial Disputes (Central ) Rules, 1957. Respondent No.2 has not given any

notice before termination of the services of the applicant. Applicant has worked continuously for more than 240 days

immediately preceding the date of termination, hence, termination of the service is without complying the provision of

section 25-F of Industrial Disputes Act. It has been further argued that railway is responsible as principal employer

because nature of the work of ‘Train Side Vending’ carried out by the workman is of permanent nature hence, there

was no reason to terminate the services of the applicant. Reliance has been placed on case reported in 2001 (2) page

128 Western Law Cases (Raj.), Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative Dairy Federation

Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents. Against this it has

been argued by learned representative of respondent No.1 that there is no proof on record that applicant had worked for

240 days immediately preceding the date of termination. It has been further argued that applicant is the employee of

M/s. Gulab Rai & Co. & there is no legal reason to shift the liability regarding termination of services of applicant on

Railway because services of the applicant has not been terminated by any of the railway authority. Reliance has been

placed by learned representative of respondent No.1 on judgement dated 25.8.2014 by Hon’ble Supreme Court (F.B.)

in Civil Appeal Nos. 10264 – 10266 of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. &

Ors………..Respondent(s) with further submission that case cited by learned representative for applicant does not

apply in the circumstances of the present case.

21.

It has been argued on behalf of M/s. Gulab Rai & Co. that when services of the applicant was terminated there

was no work with the company & contract with the railway had ceased & work was going on only on extension granted

by the railway, hence, there remained no scope to continue the employment of the applicant. Further it has been said

that owing to end of the contract respondent No.2 has vacated the premises of the railway at Jodhpur & he is not

running any vending business relating to railway hence, respondent is not in position to provide any further engagement

to the applicant. During course of argument attempt was made by learned representative of respondent No.2 M/s.

Gulabrai & Company to submit to the court document relating to vacation of premises of Railway which was

unsuccessful due to resistance of learned representative of applicant on the ground that due to ex-parte proceeding

respondent No.2 is not entitled to file the papers. Against this, it has been argued by learned representative of the

applicant that notice of the argument should not be taken by the tribunal because no evidence has been adduced by

respondent No.2.

22.

Before I proceed to discuss the issues arising out of arguments of the learned representatives of the parties it is

important to mention here that case against respondent No.2 is proceeding ex-parte since 1.10.2014 & no oral evidence

has been adduced in support of reply to statement of claim. No oral evidence has been adduced by respondent No.1also.

Applicant has been cross examined only by railway & no cross examination has been done by M/s. Gulab Rai & Co.

23.

As far as the question of the applicant being in the employment of respondent No.2 is concerned in reply to

statement of claim respondent has denied that applicant is working with him since his date of appointment on 7.6.2008

. According to statement of claim applicant is in the employmentt of respondent No.2 since 7.6.2008 & has worked

continuously till 7.1.2011 & his services were terminated on 8.1.2011. During cross examination by respondent No.1

applicant has stated that he was employed by M/s. Gulab Rai & Co. but he was not given any appointment letter in

writing. He has further alleged that he was paid by company on monthly basis & before making the monthly payment

company was securing the signature of the applicant on receipt as proof of payment. He has further alleged that he has

worked from 7.6.2008 to 7.1.2011 & before his removal from the service notice was not given to the applicant.

Applicant has not been cross examined by respondent No.2. A close scrutiny of the reply to statement of claim by

respondent No.2 indicates that although respondent No.2 has denied the working of the applicant since 7.6.2008 but he

has admitted in para 2 of reply to statement of claim that applicant is habitual in absenting himself without prior

information & he has been habitually vending the eatables brought from outside market in the train for which

respondent No.2 has paid penalty on many occasions beside facing embarrassment. He has further alleged in para 5 of

reply that he had sent a notice to the applicant on 5.4.2011 which was not replied by him. Respondent has not filed

copy of notice on record. Nature & description of the notice has not been mentioned by the respondent. He has also

alleged in para 4 of reply that applicant lacks dedication & works against the interest of the company. Documents

alongwith affidavit in evidence filed by applicant include identity card & medical examination certificates. All these

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831

documents & above noted contentions of the respondent No.2 in his reply to statement of claim are sufficient evidence

to indicate that the applicant has been in the employment of respondent No.2 before termination of his services.

24.

Period of 240 days from the date of termination on 8.1.2011 shall be the period during 12 calendar month

immediately preceding the date of termination which means that applicant must be continuously in the service of the

respondent No. 2 for 12 calendar month immediately prior to 8.1.2011 & in that period must have worked for 240 days.

On the point of issue whether applicant has completed 240 days during 12 calendar month immediately preceding the

date of termination it is pertinent to note that respondent No.2 has been directed by order of the tribunal dated 4.12.13

& 19.3.14 to file documents in tribunal as per request of the applicant on application dated 11.4.12 wherein attendance

register, pay register & other documents have been requested to be summoned. Respondent No.2 has filed certain

documents on 30.1.14 but these documents are serving the own purposes of respondent No.2 & attendance register &

pay register have not been filed. Tribunal has not been informed on affidavit or otherwise about availability or non-

availability of documents relating to attendance & pay. The above situation & circumstance including ignorance of

respondent No.2 in filing the documents relating to pay & attendance & not informing about their non-availability

accompanied with uncrossed examined testimony of applicant by respondent No.2 is sufficient to draw an inference in

favour of applicant & against the respondent No.2 that applicant has worked for 240 days immediately preceding the

date of his termination on 8.1.11. There are certain other documents available on record which can show that applicant

was in engagement with respondent immediately prior to the date of termination for a period of 240 days which include

letter dated 9.7.2010 written by M/s. Gulab Rai & Co. to the Chief Regional Manager, IRCTC, Jaipur for renewal of

passes of the applicants for ‘Train Side Vending’. This indicates that applicant was in possession of pass which was

valid till 15.7.2010. Beside letter dated 9.7.2010 another letter dated 10.1.2011 has been written by the M/s. Gulab Rai

& Co. to DRM, NWR, Jodhpur for issue of passes of the applicants working with the company wherein it has been

alleged that they are doing train side vending for past 10 years. Validity of these passes are generally for a period of

one year. Ex-w-3 medical examination certificate dated 3.1.2009 is valid till 31.12.2009 & Ex-w-4 identity card is valid

till 31.12.2010. These two documents indicate that applicant was in employment of the respondent No.2 in the month

of January, 2010 for the purpose of counting continuous service in the calendar year with reference to date of

termination on 8.1.2011. Ex-w-5 is medical fitness certificate issued on 5.1.2011 which is valid till 31.12.2011. This

document indicates that applicant was in employment of the respondent No. 2 till 7.1.2011. Based on above

discussion, available documents & evidence on record I am of the view that applicant has served with respondent No. 2

for a period of 240 days immediately preceding the date of his termination. Inference u/s 114 (1)(G) of Evidence Act is

another aspect existing in favour of applicant.

25.

As far as the violation of section 25-G & 25-H & rule 77 & 78 is concerned applicant has not provided any

information in statement of claim that who was the last comer in the service who was to go first in case of

retrenchment. He has not given name of person junior to him retained in service. Applicant has also not given any

information that any person has been appointed by M/s. Gulab Rai & Co. subsequent to removal of the applicant. Thus,

I am of the view that applicant has failed to adduce evidence to prove that there is violation of section 25-G & 25-H of

Industrial Disputes Act. Respondent No.2 has alleged in reply to statement of claim that provision of rule 77 & 78 do

not apply to the respondent No.2. Respondent No.1 has alleged in reply that it is not related with respondent No.1 &

needs no reply. Rule 78 deals with re-employment of retrenched workman. There is no evidence that respondent No.2

has made any appointment after retrenchment of the applicant, hence, there is no violation of rule 78. In absence of

evidence for violation of section 26-G the question of violation of rule 77 has no bearing on the right of the applicant.

26. From above discussions it is clear that termination of the services of the applicant is against the provision of

section 25-F of Industrial Disputes Act. Admittedly, dismissal of the services of the applicant has been done by

respondent No. 2. It has been argued by learned representative of the applicant that railway should be held responsible

for termination of the services of the applicant as the work of the applicant in refreshment room or ‘ Train Side

Vending’ are works of permanent nature which are always available with railway & applicant should be treated as

employee of railway as principal employer. Learned representative of the applicant has relied on the case reported in

2001 (2) page 128, Western Law Cases (Raj.), Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative

Dairy Federation Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents.

Against above argument it has been argued by learned representative of the railway that applicant has himself admitted

that he was employed by M/s. Gulab Rai & Co. & his services were terminated by the company. In above fact &

circumstance, contention of the learned representative of the applicant is not sustainable that applicant should be treated

as employee of railway as principal employer. He has further submitted that case law cited by applicant side is not

applicable in the present case. He has further argued that there is no evidence of supervision & control of railway on

the applicant & his working & he is not on the pay roll of the railway, hence, railway is not responsible for the

termination of the services of the applicant & he has not been terminated by any officer of the railway. Reliance has

been placed on para 86 of judgement of Hon’ble Supreme Court dated 25.8.2014 in Civil Appeal Nos. 10264 – 10266

of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. & Ors………..Respondent(s).

832 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

27.

The main question to be answered in light of arguments advanced by learned representative of both the parties is

whether Railway is responsible for the termination of the services of the applicant which has been admittedly done by

M/s. Gulab Rai & Co.

28.

In 2001 (2) page 128, Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative Dairy Federation

Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents, respondent Sh.

Karni Singh raised dispute about termination of his services on the ground of violation of section 25-F & G of

Industrial Disputes Act, 1947. The contention of the appellant was that Sh. Karni Singh was employed by the

contractor to look after the security of the property of the appellant & he was not employed by the Federation, hence,

appellant is not liable for consequences arising out of termination of services of Sh. Karni Singh even if, the

termination is illegal which has taken place by his immediate employer contractor. This plea was rejected by labour

court on the basis of defence raised by workman under amended provision of Rajasthan State u/s 2(s) of I.D.Act, 1947.

Sh. Karni Singh had died during pendency of reference proceeding. The tribunal awarded a lump sum compensation to

the next of the kin of the deceased Sh. Karni Singh. Aggrieved by the award of tribunal appellant preferred writ petition

before the Hon’ble High Court under Article 226 & 227 of Indian Constitution which was dismissed by Hon’ble Single

Judge on the basis that there was no failure of substantial justice & he did not inquire into the correctness of the

contention raised by the learned counsel for the appellant that deceased was not the employee of the appellant & he was

working through contractor. Appellant filed appeal against the order of dismissal of Hon’ble Single Judge. Dismissing

the appeal it was held by Hon’ble Division Bench in para 10 & 11 of the judgement as under :-

“10.Apart from the fact that we are in agreement with the learned Single Judge that while exercising the

discretion under Articles 226 & 227 in entertaining the writ petition to keep the interest of substantial justice as

paramount consideration for invoking the extraordinary jurisdiction and discretion has appropriately not been

exercised in favour of the petitioner, we do not find any substance on merit of the contention.

11. So far as the Rajasthan is concerned the definition of ‘workman’ as provided in Section 2(s) of the Act of

1947 was amended by the Rajasthan Act No.34 of 1958 through its Section 3 w.e.f. 1.7.1960. The definition of

workman u/s 2(s) of the Act of 1947 as applicable in the State of Rajasthan since said amendment included any

person employed in any industry by a employer or by a contractor in relation to the execution of his contract with

such employer. The case of the appellant is that deceased Karni Singh was employed by a contractor in relation to

execution of his contract for maintaining security of the Federation’s property which contract was between the

Federation and the Contractor. The definition as amended in Rajasthan is clearly to include within the ambit of

employees of the establishment also the workman employed by the Contractor in execution of the contract

undertaken by the Contractor for the employer in which category even on the contention of the management,

case of Karni Singh would fall.”

29.

In Civil Appeal Nos. 10264 – 10266 of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. &

Ors………..Respondent(s), in relation to industrial dispute referred by Central Government the question referred to

Industrial Tribunal for award was whether workman as employed by respondent No.3 ( Chefair Flight Catering) to

provide canteen services at the establishment of respondent No.1 ( Air India Ltd.) could be treated as deemed employee

of the said respondent No.1. Vide order dated 5.5.2004 it was held by CGIT that workmen were employees of

respondent No.1 Air India & therefore, their claim was justified. It was further held that during the pendency of the

dispute termination of the services of the workmen was illegal. Award of the tribunal was set aside by Hon’ble Single

Judge & held that the said workmen would not be entitled to be treated as or deemed to be the employees of the Air

India. Appeal against the order of Hon’ble Single Judge was dismissed by Hon’ble Division Bench confirming the

order of Hon’ble Single Judge who observed that the responsibility to run the canteen was absolutely with the HCI &

the Air India & the HCI shared an entirely contractual relationship. Therefore, the claim of the appellants to be treated

as employees of the Air India & to be regularised was rejected by the learned single judge. In appeal before the Hon’ble

Supreme Court against the order of Hon’ble Division Bench of High Court there was difference of opinion between the

Hon’ble Judges of Supreme Court, hence, the appeal were placed before the Hon’ble Full Bench of Supreme Court by

referral order dated 13.11.2013. The question before the Hon’ble Full Bench was whether the workman engaged in

statutory canteens through a contractor could be treated as employee of the principle establishment. It is pertinent to

note that before the referral order Hon’ble Judges differed in their opinion regarding the liability of principle employer

running statutory canteen & further regarding the status of the workmen engage thereof. The Hon’ble judges differed

on the aspect of supervision & control which were exercised by Air India Ltd, respondent No.1 & the Hotel

Corporation of India Ltd respondent No.2 over the said workmen employed in these canteens. Referring to its various

pronouncements it was held by Hon’ble Full Bench of Supreme Court as under :-

“85. Therefore, in our considered view and in light of the above, the appellants-workmen could not be said to

be under the effective and absolute control of Air India. The Air India merely has control of supervision over the

working of the given statutory canteen. Issues regarding appointment of the said workmen, their dismissal,

¹Hkkx IIµ[k.M 3(ii)º

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833

payment of their salaries, etc. are within the control of the HCI. It cannot be then said that the appellants are the

workmen of Air India and therefore are entitled to regularization of their services.

86. It would be pertinent to mention, at this stage, that there is no parity in the nature of work, mode of

appointment, experience, qualifications, etc., between the regular employees of the Air India and the workers of

the given canteen. Therefore, the appellants-workmen cannot be placed at the same footing as the Air India’s

regular employees, and there by claim the same benefits as bestowed upon the latter. It would also be gainsaid to

note the fact that the appellants-herein made no claim or prayer against either of the other respondents, that is,

the HCI or the Chefair.

87. In terms of the above, the reference is answered as follows :

The workers engaged by a contractor to work in the statutory canteen of a factory would be the workers of the

said factory, but only for the purposes of the Act, 1948, and not for other purposes, and further for the said

workers, to be called the employees of the factory for all purposes, they would need to satisfy the test of

employer-employee relationship and it must be shown that the employer exercises absolute and effective control

over the said workers.

88. In view of the above, while answering the referral order, we dismiss these appeals. No order as to costs.”

30.

In the present case, admittedly applicant has been appointed by respondent No.2 & has been an employee fully

within the control & supervision of the respondent No.2. He was in receipt of pay & emoluments from respondent No.2

& respondent No.1 has no control of any nature disciplinary or otherwise over the applicant, hence, respondent No.1

cannot be held responsible for liability of respondent No.2 having exclusive control over the applicant. Out of rulings

referred from both the side, the law laid down by Hon’ble Supreme Court is attracted in fact & circumstances of the

present case. Accordingly, I am of the view that respondent No.2 is responsible for the liabilities arising out of illegal

termination of the services of the applicant & railway has neither terminated the services of the applicant nor is

responsible for such termination.

31.

About the nature of relief to be given to the applicant it has been argued by learned representative of the applicant

that applicant should be reinstated with full back wages & continuity in service. Against this it has been argued by

learned representative of Railway that Railway is not responsible in any manner to provide engagement to the applicant

in railway. It has been argued by learned representative of M/s. Gulab Rai & Co. that company is no more on business

of the railway on contract & the premises of the railway has also been vacated & handed over to the railway, hence,

applicant can’t be reinstated in service. From perusal of the file it is evident that Hon’ble Division Bench of High Court

(Jodhpur) has vide order dated 15.12.2014 has ordered M/s. Gulab Rai & Co. to vacate the premises by 23.12.2014 &

hand over the possession & canteen to railway which has been complied by the company. There is no evidence on

record to show that M/s. Gulab Rai & Co. is having any other premises elsewhere where business of present nature or

any other nature is carried out. As per finding given above it is clear that action of the management of M/s. Gulab Rai

& Co., Jodhpur in terminating the services of applicant is unjustified & illegal & in violation of provisions of 25-F of

Industrial Disputes Act. The legal position is undisputed that in case of non-compliance of section 25-F applicant

workman may be reinstated with other consequential benefits but in fact & circumstances of the present case where

reinstatement is impracticable it appears just & proper to award suitable compensation to the applicant to meet the end

of justice.

32.

The age of the applicant at the time of termination of his service on 8.1.2011 is about 40 years & he has been

inducted in the service on 7.6.2008 as per statement of claim. Thus, he has completed about 03 years & 7 months of

service. Applicant has not mentioned in statement of claim that what was his salary at the time of entry into the service

& at the time of his termination from the service. In above fact & circumstances, I am of the view that an award of a

lump sum compensation amount of Rs.7000/- to the applicant to be paid by respondent No.2 will be sufficient to meet

the end of justice.

33.

In the result, the reference is answered in affirmative in favour of applicant workman & it is held that the action

of the management of M/s. Gulab Rai & Co., Jodhpur in terminating the services of Sh. Shankar S/o Sh. Ramchandra

Jaat w.e.f. 8.1.2011 is illegal & unjustified. Therefore, M/s. Gulab Rai & Co. is directed to pay as compensation to the

applicant Sh. Shankar a sum of Rs.7000/- (Seven Thousand Only) instead & in lieu of his reinstatement in service. The

payment shall be made within two months from the date of publication of award failing which the applicant shall be

entitled to the amount of compensation with 8% simple interest per annum. Management of Sr. Divisional Commercial

Manager, North West Railway, Jodhpur is not responsible for termination of the services of Sh. Shankar. Application

of the applicant is accordingly allowed.

34.

Award as above.

BHARAT PANDEY, Presiding Officer

834 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

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New Delhi, the 14th February, 2017

S.O. 396.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 52/2012) of the Central Government Industrial Tribunal-cum-

Labour Court, Jaipur as shown in the Annexure, in the industrial dispute between the management of North West

Railway and their workmen, received by the Central Government on 14.02.2017.

[No. L-41012/09/2012-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JAIPUR

BHARAT PANDEY, Presiding Officer

I.D. 52/2012

Reference No. L-41012/09/2012-IR(B-I) dated: 23.03.2012

Shri Bala Ram

S/o Shri Ramchandra Ji Jaat

R/o R.M.V., Bayatu, Bhimji,

Tehsil Bayatu, District : Badmer (Rajasthan).

V/s

1.

Sr. Divisional Commercial Manager

North West Railway

Jodhpur.

2.

Ms. Gulabrai and Company

Railway cattering contractor

Office Flat No.11, Akashdeep

Apartment,Teesri D Road,

Sardarpura, Jodhpur.

Present :

For the Applicant

:

Sh. Kunal Rawat, Adv.

For the Non-applicant Railway

:

Sh. L.P. Singhal, Adv.

For non-applicant Ms.Gulabrai & Company

:

Ex-parte/Sh. K.K.Paliwal, Manager

AWARD

27.5.2016

1.

The Central Government in exercise of the powers conferred under clause (d) of Sub-Section 1 & 2(A) of Section

10 of the Industrial Disputes Act 1947 has referred the following Industrial dispute to this tribunal for adjudication:-

“Whether the action of the management of North Western Railway, Jodhpur and their contractor M/s.

Gulabrai and company in terminating the services of Shri Bala Ram S/o Shri Ramchandra Ji w.e.f.

08.01.2011 is legal and justified? To what relief the workman is entitled?”

2.

Briefly fact of the case is that applicant workman was employed under respondent No.2 M/s. Gulab Rai & Co. on

7.6.2008 & started working since then. The main business of employer contractor was ‘ Train Side vending’ & running

the railway refreshment room at Jodhpur Railway Station. The work of the applicant was to maintain cleanliness &

serve meal at refreshment room to the passengers of the train. He was engaged with train side vending also. According

¹Hkkx IIµ[k.M 3(ii)º

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835

to contention of applicant at the time of filing of statement of claim respondent No.2 was on contract with North

Western Railway, hence, provision of Industrial Dispute Act are applicable to the respondent. Further it has been

alleged that applicant worked from 7.6.2008 to 7.1.2011 with the respondents & he was terminated from the service of

the respondent on 8.1.2011. His complaint against the termination before the Assistant Labour Commissioner and

Conciliation Officer (Central), Ajmer failed to secure his reinstatement which resulted into above reference for

adjudication.

3.

Further it has been alleged by applicant workman in para 6(a) that there was complete control & supervision of

respondent employer over the work of the workman & the applicant was working according to orders & directions of

the respondent officers. He was working for eight hours daily & paid on monthly basis. The nature of his work was of

continuing nature & facility of ESI & PF was available to him from the respondent. Applicant has worked for more

than 240 days with respondent prior to his removal from service. Applicant has further said that his removal from

service by respondent is in violation of section 25-F , 25-G , 25-H of Industrial Disputes Act, 1947 & Rule 77 & 78 of

The Industrial Disputes (Central ) Rules, 1957.

4.

In para 6 of statement of claim applicant has alleged that neither any notice or pay in lieu of notice was given to

him nor any seniority list was prepared. The nature of work performed by him was of permanent character &

respondent still needs the workmen to perform the work which was carried out by the applicant. Applicant has been

victim of unfair labour practice & to escape from the regularisation of the services of applicant respondent has

terminated him from service without conducting any domestic enquiry. Services of the applicant has been terminated in

violation of Article 39-D & 21 of Indian Constitution. Applicant has prayed to declare the order of termination dated

8.1.2011 as void & illegal & order the reinstatement of the applicant with back wages & continuity in service.

5.

In para wise reply to statement of claim by Respondent No.1, Divisional Commercial Manager, NWR, Jodhpur,

statements in paras 1, 3, 4, of statement of claim have been denied. Against para 2 it has been alleged that it requires

no answer & against para 5 it has been alleged that there is no dispute about the term of reference referred by Central

Government for adjudication. Further it has been alleged that respondent No.2 M/s. Gulab Rai & Co. was licensee of

the railway administration on contract. Respondent No.2 was permitted to do only ‘Train side Vending’ till 15.10.2011

under the order of NWR Headquarter, Jaipur, hence except above contention respondent No.2 is answerable to

remaining allegations of para 1 of the statement of claim. Respondent No.1 has specifically denied that applicant

workman has worked under respondent No.1 from 7.6.2008 to 7.1.2011 & has alleged that applicant has never worked

under the employment of respondent No.1 & respondent No.1 never removed him from the work on 8.1.2011 because

respondent No.1 neither appointed him nor engaged him for any work.

6.

Against reply to para 6 of statement of claim it has been alleged that question of compliance of section 25-F of

I.D.Act by respondent No.1 does not arise. In reply to para 6 (A) to 6(O) of the statement of claim it has been alleged

that they are not concerned with respondent No.1 & concerned with respondent No.2 only. Against para 6(P) of

statement of claim it has been alleged that removal of applicant from service has been done by respondent No.2 for

which respondent No.1 is not answerable. At last, it has been prayed that claim of the applicant be dismissed with

heavy cost against respondent No.1.

7.

Apart from above para wise reply to statement of claim two preliminary objections have been raised by

respondent No.1 that respondent No.1 is not the employer of the applicant & the applicant is not the workman of the

respondent No.1 & respondent No. 1 has not issued any appointment letter to the applicant. Respondent No.1 has been

wrongly impleaded in the case & case is bad for misjoinder of unnecessary party & petition of the applicant is

accordingly liable to be rejected. In preliminary objection No.2 it has been alleged that respondent No.1 has been

impleaded as party only to invoke the jurisdiction of the tribunal & applicant has no concern with respondent No.1,

hence, application is liable to be dismissed on the ground of jurisdiction.

8.

In reply to statement of claim by respondent No.2 paras 2 & 3 of statement of claim have been specifically denied

& para 5 have been partially admitted. Against para 6 it has been alleged that paras 6(A) to 6(Q) are not applicable to

respondent No.2. Against para 1 it has been specifically denied that applicant is working since 7.6.2008. Further it has

been alleged that existence of M/s. Gulab Rai & Co. is based on contract of the railway. The business of the company is

to supply meals & eatables to the passengers in the train & refreshment room at the station at the rate fixed by railway

in which no permanent employments are made because work of the respondent No.1 is not a regular business in any

manner. The business of the company is based only on the contract of the railway which are given time to time & in

this contract sometimes number of trains are increased or decreased in relation to which railway charges the fee on

monthly, third monthly or six monthly basis. Owing to above situation respondent No.2 is not capable of regularising

the business according to his choice. The work of the respondent No.2 is to run the business according to contract of

the rail department. Accordingly, based on the work of contract respondent No.2 engages the workman & when there is

no contract there remains no business with the respondent No.2. In above circumstances, regular workmen are not

836 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

engaged & therefore, workmen are engaged sometimes on daily & sometimes on monthly basis or on commission

basis, hence, provision of Industrial Disputes Act does not apply to the business of the respondent.

9.

In para 2 of statement of claim applicant has claimed to have been working with due dedication & there has been

no occasion to opposite party to make any complaint against his working. Specifically denying the above allegation

opposite party No.2 M/s. Gulab Rai & Co. has said that on many occasion during surprise check it has been found that

the applicant has been collecting more amount than the prescribed rate & Rule of the Railway & for that there have

been oral complaints & applicant has been warned on those occasions. Applicant despite direction of the respondent

No.2 has been habitually bringing from outside market eatables & vending them in the train for which respondent No.2

has paid penalty beside facing embarrassment. It has been further alleged that he has been habitually absenting himself

without prior information.

10.

Against para 3 of statement of claim it has been alleged that applicant had not been appointed permanently on

7.6.2008 or anytime thereafter & has not worked continuously till 7.1.2011. Further it has been alleged that the contract

of the respondent No.2 has not been existing continuously from 7.6.2008 to 7.1.2011, hence, there was no continuous

work, accordingly contention of the applicant is wrong that he had worked continuously. Further it has been alleged

that applicant was never appointed on regular basis. Based on the quantum of the work of contract & number of trains

work was taken on daily, monthly & on many occasion commission basis. Applicant too has been absenting from the

work without prior information for long time & has been working according to his choice on different places in the

city, hence, allegation of removal of the applicant from the work & termination of his services by respondent No.2 is

wrong.

11.

It has been further alleged that after being fully aware with the situation, with motive of lowering the prestige &

image of the respondent No.2, applicant called the correspondent of D.B.Star & published misleading & false

allegations against the company which is against the interest of the company. The above act of the applicant against the

interest of the company shows lack of dedication of the applicant towards the company. On many occasions there were

complaints by railway against the applicant during checking operation when applicant has been found engaged in

earning illegal money by vending in wrong manner & collecting more money from the passengers than the prescribed

rates for the articles.

12.

Against para 5 of statement of claim it has been alleged that notice dated 5.4.2011 was sent to the applicant by

respondent No.2 which was received by applicant but neither he appeared nor answered the notice. Despite that

applicant complained before the Assistant Labour Commissioner (Central) & Conciliation Officer, Ajmer & during

conciliation proceedings applicant clearly denied to work according to rules of the company & Railway & requested to

send failure report to Central Government. Against para 6 of statement of claim it has been alleged that according to

reply of the respondent No.2 about paras 1 to 5 of the claim termination of the applicant is not illegal. About para 6(A)

to 6(Q) respondent No.2 has alleged that they do not apply to the respondent & has prayed to dismiss the claim of the

applicant.

13.

In rejoinder, applicant has denied the statements of reply submitted by respondent No.1. In rejoinder against the

reply to respondent No.2 also applicant has denied the contention of respondent No.2 .

14.

In support of statement of claim as documentary evidence applicant has filed document W-1 to W-5 along with

index which are photocopy of medical fitness certificate & identity card relating to different period. Beside these

documents applicant has filed his affidavit in evidence & has been cross-examined by respondent No.1 Sr. DCM,

NWR, Jodhpur.

15.

Respondent No.1 at the time of argument has filed eight pages of documentary evidence in form of photocopy

relating to handing over the possession of the Refreshment Room at Jodhpur Railway Station & photocopy of

judgement dated 15.12.2014 in D.B.Civil Special Appeal (W) No. 1683/2014, 1694/2014 & 1701/2014 of Hon’ble

Rajasthan High Court, Jodhpur. No oral evidence has been adduced by respondent No.1.

16.

As documentary evidence, respondent No.2 has filed documents totalling 23 pages on 30.1.2014. The case has

proceeded ex-parte against the respondent No.2 w.e.f. 1.10.2014. Application of respondent No.2 for cancelling the

order dated 1.10.2014 for proceeding ex-parte has been rejected on 7.1.2015. Since, then case has proceeded ex-parte

against respondent No.2. No oral evidence has been adduced by respondent No.2 because of case proceeding ex-parte

against him. Respondent No.2 thereafter has participated only at the final hearing of the argument on 12.1.2016 &

4.2.2016.

17.

Following ruling has been filed from applicant side :-

i. 2001 (2) page 128, Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative Dairy Federation

Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents.

¹Hkkx IIµ[k.M 3(ii)º

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837

18.

Following reportable judgement dated 25.8.2014 of full bench of Hon’ble Supreme Court of India has been

filed by respondent No.1 :-

i. Civil Appeal Nos. 10264 – 10266 of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. &

Ors………..Respondent(s).

19.

Heard the argument of learned representative of the applicant & learned representatives of both the opposite

parties & perused the record carefully.

20.

It has been argued by learned representative of the applicant that services of the applicant has been terminated on

8.1.2011 by respondent No.2, M/s. Gulab Rai & Co. against the provision of section 25-F, 25-G & 25-H of Industrial

Disputes Act & Rule 77 & 78 of The Industrial Disputes (Central ) Rules, 1957. Respondent No.2 has not given any

notice before termination of the services of the applicant. Applicant has worked continuously for more than 240 days

immediately preceding the date of termination, hence, termination of the service is without complying the provision of

section 25-F of Industrial Disputes Act. It has been further argued that railway is responsible as principal employer

because nature of the work of ‘Train Side Vending’ carried out by the workman is of permanent nature hence, there

was no reason to terminate the services of the applicant. Reliance has been placed on case reported in 2001 (2) page

128 Western Law Cases (Raj.), Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative Dairy Federation

Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents. Against this it has

been argued by learned representative of respondent No.1 that there is no proof on record that applicant had worked for

240 days immediately preceding the date of termination. It has been further argued that applicant is the employee of

M/s. Gulab Rai & Co. & there is no legal reason to shift the liability regarding termination of services of applicant on

Railway because services of the applicant has not been terminated by any of the railway authority. Reliance has been

placed by learned representative of respondent No.1 on judgement dated 25.8.2014 by Hon’ble Supreme Court (F.B.)

in Civil Appeal Nos. 10264 – 10266 of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. &

Ors………..Respondent(s) with further submission that case cited by learned representative for applicant does not

apply in the circumstances of the present case.

21.

It has been argued on behalf of M/s. Gulab Rai & Co. that when services of the applicant was terminated there

was no work with the company & contract with the railway had ceased & work was going on only on extension granted

by the railway, hence, there remained no scope to continue the employment of the applicant. Further it has been said

that owing to end of the contract respondent No.2 has vacated the premises of the railway at Jodhpur & he is not

running any vending business relating to railway hence, respondent is not in position to provide any further engagement

to the applicant. During course of argument attempt was made by learned representative of respondent No.2 M/s.

Gulabrai & Company to submit to the court document relating to vacation of premises of Railway which was

unsuccessful due to resistance of learned representative of applicant on the ground that due to ex-parte proceeding

respondent No.2 is not entitled to file the papers. Against this, it has been argued by learned representative of the

applicant that notice of the argument should not be taken by the tribunal because no evidence has been adduced by

respondent No.2.

22.

Before I proceed to discuss the issues arising out of arguments of the learned representatives of the parties it is

important to mention here that case against respondent No.2 is proceeding ex-parte since 1.10.2014 & no oral evidence

has been adduced in support of reply to statement of claim. No oral evidence has been adduced by respondent No.1also.

Applicant has been cross examined only by railway & no cross-examination has been done by M/s. Gulab Rai & Co.

23.

As far as the question of the applicant being in the employment of respondent No.2 is concerned in reply to

statement of claim respondent has denied that applicant is working with him since his date of appointment on 7.6.2008.

According to statement of claim applicant is in the employemt of respondent No.2 since 7.6.2008 & has worked

continuously till 7.1.2011 & his services were terminated on 8.1.2011. During cross-examination by respondent No.1

applicant has stated that he was employed by M/s. Gulab Rai & Co. but he was not given any appointment letter in

writing. He has further alleged that he was paid by company on monthly basis & before making the monthly payment

company was securing the signature of the applicant on receipt as proof of payment. He has further alleged that he has

worked from 7.6.2008 to 7.1.2011 & before his removal from the service notice was not given to the applicant.

Applicant has not been cross-examined by respondent No.2. A close scrutiny of the reply to statement of claim by

respondent No.2 indicates that although respondent No.2 has denied the working of the applicant since 7.6.2008 but he

has admitted in para 2 of reply to statement of claim that applicant is habitual in absenting himself without prior

information & he has been habitually vending the eatables brought from outside market in the train for which

respondent No.2 has paid penalty on many occasions beside facing embarrassment. He has further alleged in para 5 of

reply that he had sent a notice to the applicant on 5.4.2011 which was not replied by him. Respondent has not filed

copy of notice on record. Nature & description of the notice has not been mentioned by the respondent. He has also

alleged in para 4 of reply that applicant lacks dedication & works against the interest of the company. Documents

alongwith affidavit in evidence filed by applicant include identity card & medical fitness certificate. All these

838 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

documents & above noted contentions of the respondent No.2 in his reply to statement of claim are sufficient evidence

to indicate that the applicant has been in the employment of respondent No.2 before termination of his services.

24.

Period of 240 days from the date of termination on 8.1.2011 shall be the period during 12 calendar month

immediately preceding the date of termination which means that applicant must be continuously in the service of the

respondent No. 2 for 12 calendar month immediately prior to 8.1.2011 & in that period must have worked for 240 days.

On the point of issue whether applicant has completed 240 days during 12 calendar month immediately preceding the

date of termination it is pertinent to note that respondent No.2 has been directed by order of the tribunal dated 4.12.13

& 19.3.14 to file documents in tribunal as per request of the applicant on application dated 11.4.12 wherein attendance

register, pay register & other documents have been requested to be summoned. Respondent No.2 has filed certain

documents on 30.1.14 but these documents are serving the own purposes of respondent No.2 & attendance register &

pay register have not been filed. Tribunal has not been informed on affidavit or otherwise about availability or non-

availability of documents relating to attendance & pay. The above situation & circumstance including ignorance of

respondent No.2 in filing the documents relating to pay & attendance & not informing about their non-availability

accompanied with uncrossed examined testimony of applicant by respondent No.2 is sufficient to draw an inference in

favour of applicant & against the respondent No.2 that applicant has worked for 240 days immediately preceding the

date of his termination on 8.1.11. There are certain other documents available on record which can show that applicant

was in engagement with respondent immediately prior to the date of termination for a period of 240 days which include

letter dated 9.7.2010 written by M/s. Gulab Rai & Co. to the Chief Regional Manager, IRCTC, Jaipur for renewal of

passes of the applicants for ‘Train Side Vending’. This indicates that applicant was in possession of pass which was

valid till 15.7.2010. Beside letter dated 9.7.2010 another letter dated 10.1.2011 has been written by the M/s. Gulab Rai

& Co. to DRM, NWR, Jodhpur for issue of passes of the applicants working with the company wherein it has been

alleged that they are doing train side vending for past 10 years. Validity of these passes are generally for a period of

one year. Ex-w-4 is medical fitness certificate issued by Railway doctor in favour of applicant on 11.1.2010 which is

valid till 31.12.2010. This documents indicates that applicant was in the service of respondent No.2 Ms. Gulab Rai &

Company in the month of January, 2010. Identity card Ex-W-3 has been issued by Ms. Gulab Rai & Company which is

valid till 31.12.2010. Date of issue has not given in Ex-3. Ex-w-2 is identity card valid till 31.12.2009. Ex-W-5 is

medical certificate issued in favour of applicant on 5.1.2011 which is valid till 31.12.2011. Document Ex-W-5 indicates

that applicant was in the employment of the respondent No.2 till 7.1.2011. Based on above discussion, available

documents & evidence on record I am of the view that applicant has served with respondent No. 2 for a period of 240

days immediately preceding the date of his termination. Inference u/s 114 (1)(G) of Evidence Act is another aspect

existing in favour of applicant.

25.

As far as the violation of section 25-G & 25-H & rule 77 & 78 is concerned applicant has not provided any

information in statement of claim that who was the last comer in the service who was to go first in case of

retrenchment. He has not given name of person junior to him retained in service. Applicant has also not given any

information that any person has been appointed by M/s. Gulab Rai & Co. subsequent to removal of the applicant. Thus,

I am of the view that applicant has failed to adduce evidence to prove that there is violation of section 25-G & 25-H of

Industrial Disputes Act. Respondent No.2 has alleged in reply to statement of claim that provision of rule 77 & 78 do

not apply to the respondent No.2. Respondent No.1 has alleged in reply that it is not related with respondent No.1 &

needs no reply. Rule 78 deals with re-employment of retrenched workman. There is no evidence that respondent No.2

has made any appointment after retrenchment of the applicant, hence, there is no violation of rule 78. In absence of

evidence for violation of section 26-G the question of violation of rule 77 has no bearing on the right of the applicant.

26. From above discussions it is clear that termination of the services of the applicant is against the provision of

section 25-F of Industrial Disputes Act. Admittedly, dismissal of the services of the applicant has been done by

respondent No. 2. It has been argued by learned representative of the applicant that railway should be held responsible

for termination of the services of the applicant as the work of the applicant in refreshment room or ‘ Train Side

Vending’ are works of permanent nature which are always available with railway & applicant should be treated as

employee of railway as principal employer. Learned representative of the applicant has relied on the case reported in

2001 (2) page 128, Western Law Cases (Raj.), Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative

Dairy Federation Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents.

Against above argument it has been argued by learned representative of the railway that applicant has himself admitted

that he was employed by M/s. Gulab Rai & Co. & his services were terminated by the company. In above fact &

circumstance, contention of the learned representative of the applicant is not sustainable that applicant should be treated

as employee of railway as principal employer. He has further submitted that case law cited by applicant side is not

applicable in the present case. He has further argued that there is no evidence of supervision & control of railway on

the applicant & his working & he is not on the pay roll of the railway, hence, railway is not responsible for the

termination of the services of the applicant & he has not been terminated by any officer of the railway. Reliance has

been placed on para 86 of judgement of Hon’ble Supreme Court dated 25.8.2014 in Civil Appeal Nos. 10264 – 10266

of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. & Ors………..Respondent(s).

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839

27.

The main question to be answered in light of arguments advanced by learned representative of both the parties is

whether Railway is responsible for the termination of the services of the applicant which has been admittedly done by

M/s. Gulab Rai & Co.

28.

In 2001 (2) page 128, Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative Dairy Federation

Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents, respondent Sh.

Karni Singh raised dispute about termination of his services on the ground of violation of section 25-F & G of

Industrial Disputes Act, 1947. The contention of the appellant was that Sh. Karni Singh was employed by the

contractor to look after the security of the property of the appellant & he was not employed by the Federation, hence,

appellant is not liable for consequences arising out of termination of services of Sh. Karni Singh even if, the

termination is illegal which has taken place by his immediate employer contractor. This plea was rejected by labour

court on the basis of defence raised by workman under amended provision of Rajasthan State u/s 2(s) of I.D.Act, 1947.

Sh. Karni Singh had died during pendency of reference proceeding. The tribunal awarded a lump sum compensation to

the next of the kin of the deceased Sh. Karni Singh. Aggrieved by the award of tribunal appellant preferred writ petition

before the Hon’ble High Court under Article 226 & 227 of Indian Constitution which was dismissed by Hon’ble Single

Judge on the basis that there was no failure of substantial justice & he did not inquire into the correctness of the

contention raised by the learned counsel for the appellant that deceased was not the employee of the appellant & he was

working through contractor. Appellant filed appeal against the order of dismissal of Hon’ble Single Judge. Dismissing

the appeal it was held by Hon’ble Division Bench in para 10 & 11 of the judgement as under :-

“10. Apart from the fact that we are in agreement with the learned Single Judge that while exercising the

discretion under Articles 226 & 227 in entertaining the writ petition to keep the interest of substantial justice as

paramount consideration for invoking the extraordinary jurisdiction and discretion has appropriately not been

exercised in favour of the petitioner, we do not find any substance on merit of the contention.

11. So far as the Rajasthan is concerned the definition of ‘workman’ as provided in Section 2(s) of the Act of

1947 was amended by the Rajasthan Act No.34 of 1958 through its Section 3 w.e.f. 1.7.1960. The definition of

workman u/s 2(s) of the Act of 1947 as applicable in the State of Rajasthan since said amendment included any

person employed in any industry by a employer or by a contractor in relation to the execution of his contract with

such employer. The case of the appellant is that deceased Karni Singh was employed by a contractor in relation to

execution of his contract for maintaining security of the Federation’s property which contract was between the

Federation and the Contractor. The definition as amended in Rajasthan is clearly to include within the ambit of

employees of the establishment also the workman employed by the Contractor in execution of the contract

undertaken by the Contractor for the employer in which category even on the contention of the management,

case of Karni Singh would fall.”

29.

In Civil Appeal Nos. 10264 – 10266 of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. &

Ors………..Respondent(s), in relation to industrial dispute referred by Central Government the question referred to

Industrial Tribunal for award was whether workman as employed by respondent No.3 ( Chefair Flight Catering) to

provide canteen services at the establishment of respondent No.1 ( Air India Ltd.) could be treated as deemed employee

of the said respondent No.1. Vide order dated 5.5.2004 it was held by CGIT that workmen were employees of

respondent No.1 Air India & therefore, their claim was justified. It was further held that during the pendency of the

dispute termination of the services of the workmen was illegal. Award of the tribunal was set aside by Hon’ble Single

Judge & held that the said workmen would not be entitled to be treated as or deemed to be the employees of the Air

India. Appeal against the order of Hon’ble Single Judge was dismissed by Hon’ble Division Bench confirming the

order of Hon’ble Single Judge who observed that the responsibility to run the canteen was absolutely with the HCI &

the Air India & the HCI shared an entirely contractual relationship. Therefore, the claim of the appellants to be treated

as employees of the Air India & to be regularised was rejected by the learned single judge. In appeal before the Hon’ble

Supreme Court against the order of Hon’ble Division Bench of High Court there was difference of opinion between the

Hon’ble Judges of Supreme Court, hence, the appeal were placed before the Hon’ble Full Bench of Supreme Court by

referral order dated 13.11.2013. The question before the Hon’ble Full Bench was whether the workman engaged in

statutory canteens through a contractor could be treated as employee of the principle establishment. It is pertinent to

note that before the referral order Hon’ble Judges differed in their opinion regarding the liability of principle employer

running statutory canteen & further regarding the status of the workmen engage thereof. The Hon’ble judges differed

on the aspect of supervision & control which were exercised by Air India Ltd, respondent No.1 & the Hotel

Corporation of India Ltd respondent No.2 over the said workmen employed in these canteens. Referring to its various

pronouncements it was held by Hon’ble Full Bench of Supreme Court as under :-

“85. Therefore, in our considered view and in light of the above, the appellants-workmen could not be said to be

under the effective and absolute control of Air India. The Air India merely has control of supervision over the

working of the given statutory canteen. Issues regarding appointment of the said workmen, their dismissal,

840 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

payment of their salaries, etc. are within the control of the HCI. It cannot be then said that the appellants are the

workmen of Air India and therefore are entitled to regularization of their services.

86. It would be pertinent to mention, at this stage, that there is no parity in the nature of work, mode of

appointment, experience, qualifications, etc., between the regular employees of the Air India and the workers of

the given canteen. Therefore, the appellants-workmen cannot be placed at the same footing as the Air India’s

regular employees, and there by claim the same benefits as bestowed upon the latter. It would also be gainsaid to

note the fact that the appellants-herein made no claim or prayer against either of the other respondents, that is,

the HCI or the Chefair.

87. In terms of the above, the reference is answered as follows :

The workers engaged by a contractor to work in the statutory canteen of a factory would be the workers of the

said factory, but only for the purposes of the Act, 1948, and not for other purposes, and further for the said

workers, to be called the employees of the factory for all purposes, they would need to satisfy the test of

employer-employee relationship and it must be shown that the employer exercises absolute and effective control

over the said workers.

88. In view of the above, while answering the referral order, we dismiss these appeals. No order as to costs.”

30.

In the present case, admittedly applicant has been appointed by respondent No.2 & has been an employee fully

within the control & supervision of the respondent No.2. He was in receipt of pay & emoluments from respondent No.2

& respondent No.1 has no control of any nature disciplinary or otherwise over the applicant, hence, respondent No.1

cannot be held responsible for liability of respondent No.2 having exclusive control over the applicant. Out of rulings

referred from both the side, the law laid down by Hon’ble Supreme Court is attracted in fact & circumstances of the

present case. Accordingly, I am of the view that respondent No.2 is responsible for the liabilities arising out of illegal

termination of the services of the applicant & railway has neither terminated the services of the applicant nor is

responsible for such termination.

31.

About the nature of relief to be given to the applicant it has been argued by learned representative of the applicant

that applicant should be reinstated with full back wages & continuity in service. Against this it has been argued by

learned representative of Railway that Railway is not responsible in any manner to provide engagement to the applicant

in railway. It has been argued by learned representative of M/s. Gulab Rai & Co. that company is no more on business

of the railway on contract & the premises of the railway has also been vacated & handed over to the railway, hence,

applicant can’t be reinstated in service. From perusal of the file it is evident that Hon’ble Division Bench of High Court

(Jodhpur) has vide order dated 15.12.2014 has ordered M/s. Gulab Rai & Co. to vacate the premises by 23.12.2014 &

hand over the possession & canteen to railway which has been complied by the company. There is no evidence on

record to show that M/s. Gulab Rai & Co. is having any other premises elsewhere where business of present nature or

any other nature is carried out. As per finding given above it is clear that action of the management of M/s. Gulab Rai

& Co., Jodhpur in terminating the services of applicant is unjustified & illegal & in violation of provisions of 25-F of

Industrial Disputes Act. The legal position is undisputed that in case of non-compliance of section 25-F applicant

workman may be reinstated with other consequential benefits but in fact & circumstances of the present case where

reinstatement is impracticable it appears just & proper to award suitable compensation to the applicant to meet the end

of justice.

32.

The age of the applicant at the time of termination of his service on 8.1.2011 is about 41 years & he has been

inducted in the service on 7.6.2008 as per statement of claim. Thus, he has completed about 3 years & 7 months of

service. Applicant has not mentioned in statement of claim that what was his salary at the time of entry into the service

& at the time of his termination from the service. In above fact & circumstance, I am of the view that an award of a

lump sum compensation amount of Rs.7000/- to the applicant to be paid by respondent No.2 will be sufficient to meet

the end of justice.

33.

In the result, the reference is answered in affirmative in favour of applicant workman & it is held that the action

of the management of M/s. Gulab Rai & Co., Jodhpur in terminating the services of Sh. Bala Ram S/o Sh. Ramchandra

Ji w.e.f. 8.1.2011 is illegal & unjustified. Therefore, M/s. Gulab Rai & Co. is directed to pay as compensation to the

applicant Sh. Bala Ram a sum of Rs.7000/- (Seven Thousand Only) instead & in lieu of his reinstatement in service.

The payment shall be made within two months from the date of publication of award failing which the applicant shall

be entitled to the amount of compensation with 8% simple interest per annum. Management of North Western Railway,

Jodhpur is not responsible for termination of the services of Sh. Bala Ram. Application of the applicant is accordingly

allowed.

34.

Award as above.

BHARAT PANDEY, Presiding Officer

¹Hkkx IIµ[k.M 3(ii)º

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841

ubZ fnYyh] 14 iQjojh] 2017

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jsyos ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k ,oa Je U;k;ky;] t;iqj ds iapkV (lanHkZ la[;k 57@2012) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 14-02-2017 dks

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¹la- ,y&41012@11@2012&vkbZvkj (ch&I)º

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New Delhi, the 14th February, 2017

S.O. 397.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 57/2012) of the Central Government Industrial Tribunal-cum-

Labour Court, Jaipur as shown in the Annexure, in the industrial dispute between the management of North West

Railway and their workmen, received by the Central Government on 14.02.2017.

[No. L-41012/11/2012-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JAIPUR

BHARAT PANDEY, Presiding Officer

I.D. 57/2012

Reference No. L-41012/11/2012-IR(B-I) dated: 22.03.2012

Shri Om Prakash Sharma

S/o Shri Bhagawat Dutt Sharma

R/o In Nagori Gate, Jodhpur (Rajasthan)

V/s

1.

Sr. Divisional Commercial Manager

North West Railway

Jodhpur.

2.

Ms. Gulabrai and Company

Railway cattering contractor

Office Flat No.11, Akashdeep

Apartment,Teesri D road,

Sardarpura, Jodhpur.

Present :

For the Applicant

:

Sh. Kunal Rawat, Adv.

For the Non-applicant Railway

:

Sh. L.P. Singhal, Adv.

For non-applicant Ms.Gulabrai & Company

:

Ex-parte/Sh. K.K.Paliwal, Manager

AWARD

27.5.2016

1.

The Central Government in exercise of the powers conferred under clause (d) of Sub Section 1 & 2(A) of Section

10 of the Industrial Disputes Act 1947 has referred the following Industrial dispute to this tribunal for adjudication:-

“Whether the action of the management of North western Railway, Jodhpur and their contractor M/s.

Gulabrai and company in terminating the services of Shri Om Prakash Sharma S/o Shri Bhagawat Dutt

Sharma w.e.f. 08.01.2011, is legal and justified? To what relief the workman is entitled?”

2.

Briefly fact of the case is that applicant workman was employed under respondent No.2 M/s. Gulab Rai & Co. on

22.1.1996 & started working since then. The main business of employer contractor was ‘ Train Side vending’ &

running the railway refreshment room at Jodhpur Railway Station. The work of the applicant was to maintain

cleanliness & serve meal at refreshment room to the passengers of the train. He was engaged with train side vending

also. According to contention of applicant at the time of filing of statement of claim respondent No.2 was on contract

842 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

with North Western Railway, hence, provision of Industrial Dispute Act are applicable to the respondent. Further it has

been alleged that applicant worked from 22.1.1996 to 7.1.2011 with the respondents & he was terminated from the

service of the respondent on 8.1.2011. His complaint against the termination before the Assistant Labour Commissioner

and Conciliation Officer (Central), Ajmer failed to secure his reinstatement which resulted into above reference for

adjudication.

3.

Further it has been alleged by applicant workman in para 6(a) that there was complete control & supervision of

respondent employer over the work of the workman & the applicant was working according to orders & directions of

the respondent officers. He was working for eight hours daily & paid on monthly basis. The nature of his work was of

continuing nature & facility of ESI & PF was available to him from the respondent. Applicant has worked for more

than 240 days with respondent prior to his removal from service. Applicant has further said that his removal from

service by respondent is in violation of section 25-F , 25-G , 25-H of Industrial Disputes Act, 1947 & Rule 77 & 78 of

The Industrial Disputes (Central ) Rules, 1957.

4.

In para 6 of statement of claim applicant has alleged that neither any notice or pay in lieu of notice was given to

him nor any seniority list was prepared. The nature of work performed by him was of permanent character &

respondent still needs the workmen to perform the work which was carried out by the applicant. Applicant has been

victim of unfair labour practice & to escape from the regularisation of the services of applicant respondent has

terminated him from service without conducting any domestic enquiry. Services of the applicant has been terminated in

violation of Article 39-D & 21 of Indian Constitution. Applicant has prayed to declare the order of termination dated

8.1.2011 as void & illegal & order the reinstatement of the applicant with back wages & continuity in service.

5.

In para wise reply to statement of claim by Respondent No.1, Divisional Commercial Manager, NWR, Jodhpur,

statements in para 1,3,4, of statement of claim have been denied. Against para 2 it has been alleged that it requires no

answer & against para 5 it has been alleged that there is no dispute about the term of reference referred by Central

Government for adjudication. Further it has been alleged that respondent No.2 M/s. Gulab Rai & Co. was licensee of

the railway administration on contract. Respondent No.2 was permitted to do only ‘Train side Vending’ till 15.10.2011

under the order of NWR Headquarter, Jaipur, hence except above contention respondent No.2 is answerable to

remaining allegations of para 1 of the statement of claim. Respondent No.1 has specifically denied that applicant

workman has worked under respondent No.1 from 22.1.1996 to 7.1.2011 & has alleged that applicant has never

worked under the employment of respondent No.1 & respondent No.1 never removed him from the work on 8.1.2011

because respondent No.1 neither appointed him nor engaged him for any work.

6.

Against reply to para 6 of statement of claim it has been alleged that question of compliance of section 25-F of

I.D.Act by respondent No.1 does not arise. In reply to para 6 (A) to 6(O) of the statement of claim it has been alleged

that they are not concerned with respondent No.1 & concerned with respondent No.2 only. Against para 6(P) of

statement of claim it has been alleged that removal of applicant from service has been done by respondent No.2 for

which respondent No.1 is not answerable. At last, it has been prayed that claim of the applicant be dismissed with

heavy cost against respondent No.1.

7.

Apart from above para wise reply to statement of claim two preliminary objections have been raised by

respondent No.1 that respondent No.1 is not the employer of the applicant & the applicant is not the workman of the

respondent No.1 & respondent No. 1 has not issued any appointment letter to the applicant. Respondent No.1 has been

wrongly impleaded in the case & case is bad for misjoinder of unnecessary party & petition of the applicant is

accordingly liable to be rejected. In preliminary objection No.2 it has been alleged that respondent No.1 has been

impleaded as party only to invoke the jurisdiction of the tribunal & applicant has no concern with respondent No.1,

hence, application is liable to be dismissed on the ground of jurisdiction.

8.

In reply to statement of claim by respondent No.2 para 2 & 3 of statement of claim have been specifically denied

& para 5 have been partially admitted. Against para 6 it has been alleged that para 6(A) to 6(Q) are not applicable to

respondent No.2. Against para 1 it has been specifically denied that applicant is working since 22.1.1996. Further it

has been alleged that existence of M/s. Gulab Rai & Co. is based on contract of the railway. The business of the

company is to supply meals & eatables to the passengers in the train & refreshment room at the station at the rate fixed

by railway in which no permanent employments are made because work of the respondent No.1 is not a regular

business in any manner. The business of the company is based only on the contract of the railway which are given time

to time & in this contract sometimes number of trains are increased or decreased in relation to which railway charges

the fee on monthly, third monthly or six monthly basis. Owing to above situation respondent No.2 is not capable of

regularising the business according to his choice. The work of the respondent No.2 is to run the business according to

contract of the rail department. Accordingly, based on the work of contract respondent No.2 engages the workman &

when there is no contract there remains no business with the respondent No.2. In above circumstances, regular

workmen are not engaged & therefore, workmen are engaged sometimes on daily & sometimes on monthly basis or on

commission basis, hence, provision of Industrial Disputes Act does not apply to the business of the respondent.

¹Hkkx IIµ[k.M 3(ii)º

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843

9.

In para 2 of statement of claim applicant has claimed to have been working with due dedication & there has been

no occasion to opposite party to make any complaint against his working. Specifically denying the above allegation

opposite party No.2 M/s. Gulab Rai & Co. has said that on many occasion during surprise check it has been found that

the applicant has been collecting more amount than the prescribed rate & Rule of the Railway & for that there have

been oral complaints & applicant has been warned on those occasions. Applicant despite direction of the respondent

No.2 has been habitually bringing from outside market eatables & vending them in the train for which respondent No.2

has paid penalty beside facing embarrassment. It has been further alleged that he has been habitually absenting himself

without prior information.

10.

Against para 3 of statement of claim it has been alleged that applicant had not been appointed permanently on

22.1.1996 or anytime thereafter & has not worked continuously till 7.1.2011. Further it has been alleged that the

contract of the respondent No.2 has not been existing continuously from 22.1.1996 to 7.1.2011, hence, there was no

continuous work, accordingly contention of the applicant is wrong that he had worked continuously. Further it has

been alleged that applicant was never appointed on regular basis. Based on the quantum of the work of contract &

number of trains work was taken on daily, monthly & on many occasion commission basis. Applicant too has been

absenting from the work without prior information for long time & has been working according to his choice on

different places in the city, hence, allegation of removal of the applicant from the work & termination of his services by

respondent No.2 is wrong.

11.

It has been further alleged that after being fully aware with the situation, with motive of lowering the prestige &

image of the respondent No.2, applicant called the correspondent of D.B.Star & published misleading & false

allegations against the company which is against the interest of the company. The above act of the applicant against the

interest of the company shows lack of dedication of the applicant towards the company. On many occasions there were

complaints by railway against the applicant during checking operation when applicant has been found engaged in

earning illegal money by vending in wrong manner & collecting more money from the passengers than the prescribed

rates for the articles.

12.

Against para 5 of statement of claim it has been alleged that notice dated 5.4.2011 was sent to the applicant by

respondent No.2 which was received by applicant but neither he appeared nor answered the notice. Despite that

applicant complained before the Assistant Labour Commissioner (Central) & Conciliation Officer, Ajmer & during

conciliation proceedings applicant clearly denied to work according to rules of the company & Railway & requested to

send failure report to Central Government. Against para 6 of statement of claim it has been alleged that according to

reply of the respondent No.2 about para 1 to 5 of the claim termination of the applicant is not illegal. About para 6(A)

to 6(Q) respondent No.2 has alleged that they do not apply to the respondent & has prayed to dismiss the claim of the

applicant.

13.

In rejoinder, applicant has denied the statements of reply submitted by respondent No.1. In rejoinder against the

reply to respondent No.2 also applicant has denied the contention of respondent No.2 .

14.

In support of statement of claim as documentary evidence applicant has filed document w-1 to w-17 along with

index which are photocopy of medical examination certificates relating to different period, ESI card for self & family

& information obtained under Right to Information Act in relation to EPF. Beside these documents applicant has filed

his affidavit in evidence & has been cross examined by respondent No.1 DCM, NWR, Jodhpur.

15.

Respondent No.1 at the time of argument has filed eight pages of documentary evidence in form of photocopy

relating to handing over the possession of the Refreshment Room at Jodhpur Railway Station & photocopy of

judgement dated 15.12.2014 in D.B.Civil Special Appeal (W) No. 1683/2014, 1694/2014 & 1701/2014 of Hon’ble

Rajasthan High Court, Jodhpur. No oral evidence has been adduced by respondent No.1.

16.

As documentary evidence, respondent No.2 has filed documents totalling 23 pages on 30.1.2014. The case has

proceeded ex-parte against the respondent No.2 w.e.f. 1.10.2014. Application of respondent No.2 for cancelling the

order dated 1.10.2014 for proceeding ex-parte has been rejected on 7.1.2015. Since, then case has proceeded ex-parte

against respondent No.2. No oral evidence has been adduced by respondent No.2 because of case proceeding ex-parte

against him. Respondent No.2 thereafter has participated only at the final hearing of the argument on 12.1.2016 &

4.2.2016.

17.

Following ruling has been filed from applicant side :-

i. 2001 (2) page 128, Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative Dairy Federation

Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents.

18.

Following reportable judgement dated 25.8.2014 of full bench of Hon’ble Supreme Court of India has been

filed by respondent No.1 :-

i. Civil Appeal Nos. 10264 – 10266 of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. &

Ors………..Respondent(s).

844 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

19.

Heard the argument of learned representative of the applicant & learned representatives of both the opposite

parties & perused the record carefully.

20.

It has been argued by learned representative of the applicant that services of the applicant has been terminated on

8.1.2011 by respondent No.2, M/s. Gulab Rai & Co. against the provision of section 25-F, 25-G & 25-H of Industrial

Disputes Act & Rule 77 & 78 of The Industrial Disputes (Central ) Rules, 1957. Respondent No.2 has not given any

notice before termination of the services of the applicant. Applicant has worked continuously for more than 240 days

immediately preceding the date of termination, hence, termination of the service is without complying the provision of

section 25-F of Industrial Disputes Act. It has been further argued that railway is responsible as principal employer

because nature of the work of ‘Train Side Vending’ carried out by the workman is of permanent nature hence, there

was no reason to terminate the services of the applicant. Reliance has been placed on case reported in 2001 (2) page

128 Western Law Cases (Raj.), Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative Dairy Federation

Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents. Against this it has

been argued by learned representative of respondent No.1 that there is no proof on record that applicant had worked for

240 days immediately preceding the date of termination. It has been further argued that applicant is the employee of

M/s. Gulab Rai & Co. & there is no legal reason to shift the liability regarding termination of services of applicant on

Railway because services of the applicant has not been terminated by any of the railway authority. Reliance has been

placed by learned representative of respondent No.1 on judgement dated 25.8.2014 by Hon’ble Supreme Court (F.B.)

in Civil Appeal Nos. 10264 – 10266 of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. &

Ors………..Respondent(s) with further submission that case cited by learned representative for applicant does not

apply in the circumstances of the present case.

21.

It has been argued on behalf of M/s. Gulab Rai & Co. that when services of the applicant was terminated there

was no work with the company & contract with the railway had ceased & work was going on only on extension granted

by the railway, hence, there remained no scope to continue the employment of the applicant. Further it has been said

that owing to end of the contract respondent No.2 has vacated the premises of the railway at Jodhpur & he is not

running any vending business relating to railway hence, respondent is not in position to provide any further engagement

to the applicant. During course of argument attempt was made by learned representative of respondent No.2 to submit

to the court document relating to vacation of premises which was unsuccessful due to resistance of learned

representative of applicant on the ground that due to ex-parte proceeding respondent No.2 can not file the papers.

Against this, it has been argued by learned representative of the applicant that notice of the argument should not be

taken by the tribunal because no evidence has been adduced by respondent No.2.

22.

Before I proceed to discuss the issues arising out of arguments of the learned representatives of the parties it is

important to mention here that case against respondent No.2 is proceeding ex-parte since 1.10.2014 & no oral evidence

has been adduced in support of reply to statement of claim. No oral evidence has been adduced by respondent No.1also.

Applicant has been cross examined only by railway & no cross examination has been done by M/s. Gulab Rai & Co.

23.

As far as the question of the applicant being in the employment of respondent No.2 is concerned in reply to

statement of claim respondent has denied that applicant is working with him since his date of appointment on

22.1.1996. According to statement of claim applicant is in the employemt of respondent No.2 since 22.1.1996 & has

worked continuously till 7.1.2011 & his services were terminated on 8.1.2011. During cross examination by respondent

No.1 applicant has stated that he was employed by M/s. Gulab Rai & Co. but he was not given any appointment letter

in writing. He has further alleged that he was paid by company on monthly basis & before making the monthly

payment company was securing the signature of the applicant on receipt as proof of payment. He has further alleged

that he has worked from 22.1.1996 to 7.1.2011 & before his removal from the service notice was not given to the

applicant. Applicant has not been cross examined by respondent No.2. A close scrutiny of the reply to statement of

claim by respondent No.2 indicates that although respondent No.2 has denied the working of the applicant since

22.1.1996 but he has admitted in para 2 of reply to statement of claim that applicant is habitual in absenting himself

without prior information & he has been habitually vending the eatables brought from outside market in the train for

which respondent No.2 has paid penalty on many occasions beside facing embarrassment. He has further alleged in

para 5 of reply that he had sent a notice to the applicant on 5.4.2011 which was not replied by him. Nature &

description of the notice has not been mentioned by the respondent. He has also alleged in para 4 of reply that applicant

lacks dedication & works against the interest of the company. Documents alongwith affidavit in evidence filed by

applicant include photocopy of medical examination certificates relating to different period, ESI card for self & family

& information obtained under Right to Information Act in relation to EPF. Ex-w-1 indicates that applicant was

medically examined on 22.1.1996 for entering into the service of respondent No.2 on 22.1.1996. Ex--w-14 is medical

fitness certificate which has been issued on 7.1.2002 with validity till 31.12.2010 & w-15 medical fitness certificate

issued on 5.1.2011 with validity till 31.12.2011. All these documents & above noted contentions of the respondent

No.2 in his reply to statement of claim are sufficient evidence to indicate that the applicant has been in the employment

of respondent No.2 before termination of his services.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

845

24.

Period of 240 days from the date of termination on 8.1.2011 shall be the period during 12 calendar month

immediately preceding the date of termination which means that applicant must be continuously in the service of the

respondent No. 2 for 12 calendar month immediately prior to 8.1.2011 & in that period must have worked for 240 days.

On the point of issue whether applicant has completed 240 days during 12 calendar month immediately preceding the

date of termination it is pertinent to note that respondent No.2 has been directed by order of the tribunal dated 4.12.13

& 19.3.14 to file documents in tribunal as per request of the applicant on application dated 11.4.12 wherein attendance

register, pay register & other documents have been requested to be summoned. Respondent No.2 has filed certain

documents on 30.1.14 but these documents are serving the own purposes of respondent No.2 & attendance register &

pay register have not been filed. Tribunal has not been informed on affidavit or otherwise about availability or non-

availability of documents relating to attendance & pay. The above situation & circumstance including ignorance of

respondent No.2 in filing the documents relating to pay & attendance & not informing about their non-availability

accompanied with uncrossed examined testimony of applicant by respondent No.2 is sufficient to draw an inference in

favour of applicant & against the respondent No.2 that applicant has worked for 240 days immediately preceding the

date of his termination on 8.1.11. There are certain other documents available on record which can show that applicant

was in engagement with respondent immediately prior to the date of termination for a period of 240 days which include

letter dated 9.7.2010 written by M/s. Gulab Rai & Co. to the Chief Regional Manager, IRCTC, Jaipur for renewal of

passes of the applicants for ‘Train Side Vending’. This indicates that applicant was in possession of pass which was

valid till 15.7.2010. Beside letter dated 9.7.2010 another letter dated 10.1.2011 has been written by the M/s. Gulab Rai

& Co. to DRM, NWR, Jodhpur for issue of passes of the applicants working with the company wherein it has been

alleged that they are doing train side vending for past 10 years. Validity of these passes are generally for a period of

one year. Ex-w-14 medical fitness certificate issued on 7.1.2010 is valid till 31.12.2010. Document w-14 indicates that

applicant was in employment of respondent No.2 in the month of January, 2010. Ex-w-15 is also medical fitness

certificate issued on 5.1.2011 which is valid till 31.12.2011. This document ex—w-15 indicates that applicant was in

the employment of respondent No.2 till the date of his termination on 8.1.2011. Based on above discussion, available

documents & evidence on record I am of the view that applicant has served with respondent No. 2 for a period of 240

days immediately preceding the date of his termination. Inference u/s 114 (1)(G) of Evidence Act is another aspect

existing in favour of applicant.

25.

As far as the violation of section 25-G & 25-H & rule 77 & 78 is concerned applicant has not provided any

information in statement of claim that who was the last comer in the service who was to go first in case of

retrenchment. He has not given name of person junior to him retained in service. Applicant has also not given any

information in claim that any person has been appointed by M/s. Gulab Rai & Co. subsequent to removal of the

applicant. Thus, I am of the view that applicant has failed to adduce evidence to prove that there is violation of section

25-G & 25-H of Industrial Disputes Act. Respondent No.2 has alleged in reply to statement of claim that provision of

rule 77 & 78 do not apply to the respondent No.2. Respondent No.1 has alleged in reply that it is not related with

respondent No.1 & needs no reply. Rule 78 deals with re-employment of retrenched workman. There is no evidence

that respondent No.2 has made any appointment after retrenchment of the applicant, hence, there is no violation of rule

78. In absence of evidence for violation of section 26-G the question of violation of rule 77 has no bearing on the right

of the applicant.

26. From above discussions it is clear that termination of the services of the applicant is against the provision of

section 25-F of Industrial Disputes Act. Admittedly, dismissal of the services of the applicant has been done by

respondent No. 2. It has been argued by learned representative of the applicant that railway should be held responsible

for termination of the services of the applicant as the work of the applicant in refreshment room or ‘ Train Side

Vending’ are works of permanent nature which are always available with railway & applicant should be treated as

employee of railway as principal employer. Learned representative of the applicant has relied on the case reported in

2001 (2) page 128, Western Law Cases (Raj.), Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative

Dairy Federation Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents.

Against above argument it has been argued by learned representative of the railway that applicant has himself admitted

that he was employed by M/s. Gulab Rai & Co. & his services were terminated by the company. In above fact &

circumstance, contention of the learned representative of the applicant is not sustainable that applicant should be treated

as employee of railway as principal employer. He has further submitted that case law cited by applicant side is not

applicable in the present case. He has further argued that there is no evidence of supervision & control of railway on

the applicant & his working & he is not on the pay roll of the railway, hence, railway is not responsible for the

termination of the services of the applicant & he has not been terminated by any officer of the railway. Reliance has

been placed on para 86 of judgement of Hon’ble Supreme Court dated 25.8.2014 in Civil Appeal Nos. 10264 – 10266

of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. & Ors………..Respondent(s).

27.

The main question to be answered in light of arguments advanced by learned representative of both the parties is

whether Railway is responsible for the termination of the services of the applicant which has been admittedly done by

M/s. Gulab Rai & Co.

846 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938

[PART II—SEC. 3(ii)]

28.

In 2001 (2) page 128, Rajasthan High Court (Jodhpur) D.B., M/s. Rajasthan Co-Operative Dairy Federation

Ltd…….Appellant v/s The Judge Industrial Tribunal & Labour Court, Bikaner……Respondents, respondent Sh.

Karni Singh raised dispute about termination of his services on the ground of violation of section 25-F & G of

Industrial Disputes Act, 1947. The contention of the appellant was that Sh. Karni Singh was employed by the

contractor to look after the security of the property of the appellant & he was not employed by the Federation, hence,

appellant is not liable for consequences arising out of termination of services of Sh. Karni Singh even if, the

termination is illegal which has taken place by his immediate employer contractor. This plea was rejected by labour

court on the basis of defence raised by workman under amended provision of Rajasthan State u/s 2(s) of I.D.Act, 1947.

Sh. Karni Singh had died during pendency of reference proceeding. The tribunal awarded a lump sum compensation to

the next of the kin of the deceased Sh. Karni Singh. Aggrieved by the award of tribunal appellant preferred writ petition

before the Hon’ble High Court under Article 226 & 227 of Indian Constitution which was dismissed by Hon’ble Single

Judge on the basis that there was no failure of substantial justice & he did not inquire into the correctness of the

contention raised by the learned counsel for the appellant that deceased was not the employee of the appellant & he was

working through contractor. Appellant filed appeal against the order of dismissal of Hon’ble Single Judge. Dismissing

the appeal it was held by Hon’ble Division Bench in para 10 & 11 of the judgement as under :-

“10.Apart from the fact that we are in agreement with the learned Single Judge that while exercising the

discretion under Articles 226 & 227 in entertaining the writ petition to keep the interest of substantial justice as

paramount consideration for invoking the extraordinary jurisdiction and discretion has appropriately not been

exercised in favour of the petitioner, we do not find any substance on merit of the contention.

11. So far as the Rajasthan is concerned the definition of ‘workman’ as provided in Section 2(s) of the Act of

1947 was amended by the Rajasthan Act No.34 of 1958 through its Section 3 w.e.f. 1.7.1960. The definition of

workman u/s 2(s) of the Act of 1947 as applicable in the State of Rajasthan since said amendment included any

person employed in any industry by a employer or by a contractor in relation to the execution of his contract with

such employer. The case of the appellant is that deceased Karni Singh was employed by a contractor in relation to

execution of his contract for maintaining security of the Federation’s property which contract was between the

Federation and the Contractor. The definition as amended in Rajasthan is clearly to include within the ambit of

employees of the establishment also the workman employed by the Contractor in execution of the contract

undertaken by the Contractor for the employer in which category even on the contention of the management,

case of Karni Singh would fall.”

29.

In Civil Appeal Nos. 10264 – 10266 of 2013, Balwant Rai Saluja & Anr……Appellant (s) v/s Air India Ltd. &

Ors………..Respondent(s), in relation to industrial dispute referred by Central Government the question referred to

Industrial Tribunal for award was whether workman as employed by respondent No.3 ( Chefair Flight Catering) to

provide canteen services at the establishment of respondent No.1 ( Air India Ltd.) could be treated as deemed employee

of the said respondent No.1. Vide order dated 5.5.2004 it was held by CGIT that workmen were employees of

respondent No.1 Air India & therefore, their claim was justified. It was further held that during the pendency of the

dispute termination of the services of the workmen was illegal. Award of the tribunal was set aside by Hon’ble Single

Judge & held that the said workmen would not be entitled to be treated as or deemed to be the employees of the Air

India. Appeal against the order of Hon’ble Single Judge was dismissed by Hon’ble Division Bench confirming the

order of Hon’ble Single Judge who observed that the responsibility to run the canteen was absolutely with the HCI &

the Air India & the HCI shared an entirely contractual relationship. Therefore, the claim of the appellants to be treated

as employees of the Air India & to be regularised was rejected by the learned single judge. In appeal before the Hon’ble

Supreme Court against the order of Hon’ble Division Bench of High Court there was difference of opinion between the

Hon’ble Judges of Supreme Court, hence, the appeal were placed before the Hon’ble Full Bench of Supreme Court by

referral order dated 13.11.2013. The question before the Hon’ble Full Bench was whether the workman engaged in

statutory canteens through a contractor could be treated as employee of the principle establishment. It is pertinent to

note that before the referral order Hon’ble Judges differed in their opinion regarding the liability of principle employer

running statutory canteen & further regarding the status of the workmen engage thereof. The Hon’ble judges differed

on the aspect of supervision & control which were exercised by Air India Ltd, respondent No.1 & the Hotel

Corporation of India Ltd respondent No.2 over the said workmen employed in these canteens. Referring to its various

pronouncements it was held by Hon’ble Full Bench of Supreme Court as under :-

“85. Therefore, in our considered view and in light of the above, the appellants-workmen could not be said to be

under the effective and absolute control of Air India. The Air India merely has control of supervision over the

working of the given statutory canteen. Issues regarding appointment of the said workmen, their dismissal,

payment of their salaries, etc. are within the control of the HCI. It cannot be then said that the appellants are the

workmen of Air India and therefore are entitled to regularization of their services.

86. It would be pertinent to mention, at this stage, that there is no parity in the nature of work, mode of

appointment, experience, qualifications, etc., between the regular employees of the Air India and the workers of

the given canteen. Therefore, the appellants-workmen cannot be placed at the same footing as the Air India’s

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938

847

regular employees, and there by claim the same benefits as bestowed upon the latter. It would also be gainsaid to

note the fact that the appellants-herein made no claim or prayer against either of the other respondents, that is,

the HCI or the Chefair.

87. In terms of the above, the reference is answered as follows :

The workers engaged by a contractor to work in the statutory canteen of a factory would be the workers of the

said factory, but only for the purposes of the Act, 1948, and not for other purposes, and further for the said

workers, to be called the employees of the factory for all purposes, they would need to satisfy the test of

employer-employee relationship and it must be shown that the employer exercises absolute and effective control

over the said workers.

88. In view of the above, while answering the referral order, we dismiss these appeals. No order as to costs.”

30.

In the present case, admittedly applicant has been appointed by respondent No.2 & has been an employee fully

within the control & supervision of the respondent No.2. He was in receipt of pay & emoluments from respondent No.2

& respondent No.1 has no control of any nature disciplinary or otherwise over the applicant, hence, respondent No.1

cannot be held responsible for liability of respondent No.2 having exclusive control over the applicant. Out of rulings

referred from both the side, the law laid down by Hon’ble Supreme Court is attracted in fact & circumstances of the

present case. Accordingly, I am of the view that respondent No.2 is responsible for the liabilities arising out of illegal

termination of the services of the applicant & railway has neither terminated the services of the applicant nor is

responsible for such termination.

31.

About the nature of relief to be given to the applicant it has been argued by learned representative of the applicant

that applicant should be reinstated with full back wages & continuity in service. Against this it has been argued by

learned representative of Railway that Railway is not responsible in any manner to provide engagement to the applicant

in railway. It has been argued by learned representative of M/s. Gulab Rai & Co. that company is no more on business

of the railway on contract & the premises of the railway has also been vacated & handed over to the railway, hence,

applicant can’t be reinstated in service. From perusal of the file it is evident that Hon’ble Division Bench of High Court

(Jodhpur) has vide order dated 15.12.2014 has ordered M/s. Gulab Rai & Co. to vacate the premises by 23.12.2014 &

hand over the possession & canteen to railway which has been complied by the company. There is no evidence on

record to show that M/s. Gulab Rai & Co. is having any other premises elsewhere where business of present nature or

any other nature is carried out. As per finding given above it is clear that action of the management of M/s. Gulab Rai

& Co., Jodhpur in terminating the services of applicant is unjustified & illegal & in violation of provisions of 25-F of

Industrial Disputes Act. The legal position is undisputed that in case of non-compliance of section 25-F applicant

workman may be reinstated with other consequential benefits but in fact & circumstances of the present case where

reinstatement is impracticable it appears just & proper to award suitable compensation to the applicant to meet the end

of justice.

32.

The year of birth of applicant is 1974 in W-16 ESI card which means that applicant is of the age of above 37

years at the time of termination from service & he has been inducted in the service on 22.1.1996 as per statement of

claim. Thus, he has completed about 14 years & 11 months of service. Applicant has not mentioned in statement of

claim that what was his salary at the time of entry into the service & at the time of his termination from the service. In

above fact & circumstance, I am of the view that an award of a lump sum compensation amount of Rs.20000/- to the

applicant to be paid by respondent No.2 will be sufficient to meet the end of justice.

33.

In the result, the reference is answered in affirmative in favour of applicant workman & it is held that the action

of the management of M/s. Gulab Rai & Co., Jodhpur in terminating the services of Sh. Om Prakash Sharma S/o Sh.

Bhagawat Dutt Sharma w.e.f. 8.1.2011 is illegal & unjustified. Therefore, M/s. Gulab Rai & Co. is directed to pay as

compensation to the applicant Sh. Om Prakash Sharma a sum of Rs.20000/- (Twenty Thousand Only) instead & in

lieu of his reinstatement in service. The payment shall be made within two months from the date of publication of

award failing which the applicant shall be entitled to the amount of compensation with 8% simple interest per annum.

Management of North Western Railway, Jodhpur is not responsible for termination of the services of Sh. Om Prakash

Sharma. Application of the applicant is accordingly allowed.

34.

Award as above.

BHARAT PANDEY, Presiding Officer

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

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

ALOK

KUMAR

Digitally signed

by ALOK KUMAR

Date: 2017.03.16

15:49:40 +05'30'