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
वतमान िनदेशक का नाम
वतमान िनदेशक का नाम
वतमान िनदेशक का नाम
वतमान ि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 वणन:
सीमा वणन:
सीमा वणन:
सीमा वणन:
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 - वणन:
वणन:
वणन:
वणन:
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]
ukgjx<+ fdys ds uhps]
t;iqj & ¼jktLFkku½
cuke
mi egkizcU/kd] ;wdks cSad]
vapy dk;kZy;] vkdsZM baVjus'kuy]
flfoy ykbal] vtesj jksM]
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-
dsUnzh; ljdkj }kjk vkS|ksfxd fookn vf/kfu;e 1947 dh /kkjk 10 dh mi/kkjk 1 ds [k.M+ (?k) ds vUrxZr fnukad 27-
02-2014 ds vkns’k ls izsf"kr fookn ds vk/kkj ij ;g izdj.k U;k;fu.kZ;u gsrq lafLFkr gSA dsUnzh; ljdkj }kjk izsf"kr fookn
fuEuor~ gS %&
2-
**D;k izcU/ku ;wdks cSad] vapy dk;kZy;] t;iqj ds }kjk deZdkj lwjtey ,oa 62 vU; ¼lwph vuqyXu **,** ds lkFk
layXu gS½ lQkbZ deZdkjksa dks iw.kZdkyhu fu;qfDr ugha fn;k tkuk U;k;ksfpr ,oa U;k;laxr gS\ ;fn ugha rks lQkbZ deZdkj
fdl vuqrks"k dks ikus ds vf/kdkjh gS\
3-
LVsVesUV vkWQ Dyse esa fn;s x;s rF;ksa ds vuqlkj laf{kIrr% izkFkhZ dk dFku gS fd izkFkhZ cSdksa esa lQkbZ deZpkfj;ksa dh
;wfu;u gS tks fd cSdksa esa dk;Zjr lQkbZ deZpkfj;ksa dh fgrksa dh j{kk ds fy, le;≤ ij ljdkj ,oa cSd izcU/ku dk
/;ku Kkiu ds ek/;e ls vkdf"kZRk djrh jgrh gSA
4-
;wdks cSad ds rhuksa jhtu t;iqj] vtesj o tks/kiqj esa dk;Zjr lQkbZ deZpkfj;ksa dks 25&30 o"kZ rd dk;Z djus ds
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
5-
Hkkjr ljdkj ,oa foRr eU=ky; }kjk cSdksa esa dk;Zjr lQkbZ deZpkfj;ksa ds fy, tks fu;e cuk;s x;s gS mudk foi{k
}kjk ikyu ugha fd;k tk jgk gS rFkk Je foHkkx ds fu;eksa dh vogsyuk dh tk jgh gSA
6-
t;iqj] vtesj vkSj tks/kiqj jhtu esa dk;Zjr lQkbZ deZpkfj;ksa dks muds }kjk 25&30 o"kZ rd dk;Z djus ij Hkh mUgsa
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
vk;ksx ds v/;{kksa us ;wdks cSad ds iz/kku dk;kZy; dk nkSjk djds leLr cSdksa esa dk;Zjr lQkbZ deZpkfj;ksa dks iw.kZdkfyd
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
fu;qfDRk ugha nh uk gh pijklh ds in ij izksUurh nhA izkFkhZ o vizkFkhZ ds e/; {ks=h; Je vk;qDr ds le{k vlQYk lqyg
okrkZ vk[;k ij Hkkjr ljdkj Je eU=ky; us mDr fookn U;k;fu.kZ;u gsrq izsf"kr fd;k gSA
7-
izkFkhZ us lQkbZ deZpkfj;ksa dh ,d lwph vizkFkhZ rFkk {ks=h; Je vk;qDr] dsUnzh; ,oa le>kSrk vf/kdkjh t;iqj ds
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-
lQkbZ deZpkjh 1-1-90 ls ftl Ldsy esa gS mUgsa ogh ij j[ks gq, gS] mudk osru ugha c<+k;k x;k gS tcfd
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
gSA enkUrxZr mYys[k fd izkFkhZ ;wfu;u cSadksa esa dk;Zjr lQkbZ deZpkfj;ksa dh fu;ekuqlkj jftLVMZ ;wfu;u gS] bl rF; dks
lkfcr djus dk Hkkj Lo;a izkFkhZ ;wfu;u ij gS ftls og l{ke lk{; ,oa izekf.kr nLrkostksa }kjk lkfcr djsaA
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
fu;qfDr ls lEcfU/kr ifji= CHO/PAS/08/ 2015-16 date 01-09-2015 izn'kZ ,e&2 layXu gS] vr% izkFkhZi{k dk ;g dFku
xyr gS fd izkFkhZx.k ds vfrfjDr futhokgu pkydksa dks iw.kZdkfyd fu;qfDr;ka nh x;h gSA ;g Hkh dgk x;k gS fd ;g
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.
ubZ fnYyh] 9 iQjojh] 2017
dk-vk- 382-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ eSlwj
feujYl fyfeVsM ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj
vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;] csaxywj ds iapkV (lanHkZ la[;k 102@2007) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks
07-02-2017 dks çkIr gqvk FkkA
¹la- ,y&29012@29@2007&vkbZvkj (,e)º
jkts'k dqekj] voj lfpo
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
ubZ fnYyh] 9 iQjojh] 2017
dk-vk- 383-—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 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
jkts'k dqekj] voj lfpo
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
ubZ fnYyh] 9 iQjojh] 2017
dk-vk- 385-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ
bafM;u vkW;y dkjiksZjs'ku fyfeVsM ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa
dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;&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
ubZ fnYyh] 9 iQjojh] 2017
dk-vk- 386-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ
vohok ykbZiQ ba';ksjsal da- bafM;k 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 15@2012) dks çdkf'kr djrh gS]
tks dsUnzh; ljdkj dks 09-02-2017 dks çkIr gqvk FkkA
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
Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938
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
ubZ fnYyh] 14 iQjojh] 2017
dk-vk- 387-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj mÙkj 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;] t;iqj ds iapkV (lanHkZ la[;k 28@2012) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 14-02-2017 dks
çkIr gqvk FkkA
¹la- ,y&41012@62@2011&vkbZvkj (ch&I)º
ch- ,l- fc"V] vuqHkkx vf/dkjh
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
Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938
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
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938
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
Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938
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
dk-vk- 388-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj mÙkj 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;] t;iqj ds iapkV (lanHkZ la[;k 59@2012) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 14-02-2017 dks
çkIr gqvk FkkA
¹la- ,y&41012@13@2009&vkbZvkj (ch&I)º
ch- ,l- fc"V] vuqHkkx vf/dkjh
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
Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938
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.
780 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938
[PART II—SEC. 3(ii)]
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
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938
781
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
782 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938
[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
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938
783
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
784 THE GAZETTE OF INDIA : FEBRUARY 18, 2017/MAGHA 29, 1938
[PART II—SEC. 3(ii)]
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
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938
785
ubZ fnYyh] 14 iQjojh] 2017
dk-vk- 389-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj mÙkj 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;] t;iqj ds iapkV (lanHkZ la[;k 29@2012) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 14-02-2017 dks
çkIr gqvk FkkA
¹la- ,y&41012@63@2011&vkbZvkj (ch&I)º
ch- ,l- fc"V] vuqHkkx vf/dkjh
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
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938
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
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938
789
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
Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938
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)]
ubZ fnYyh] 14 iQjojh] 2017
dk-vk- 390-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj mÙkj 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;] t;iqj ds iapkV (lanHkZ la[;k 30@2012) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 14-02-2017 dks
çkIr gqvk FkkA
¹la- ,y&41012@64@2011&vkbZvkj (ch&I)º
ch- ,l- fc"V] vuqHkkx vf/dkjh
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
Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938
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
Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938
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).
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938
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
Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938
799
ubZ fnYyh] 14 iQjojh] 2017
dk-vk- 391-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj mÙkj 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;] t;iqj ds iapkV (lanHkZ la[;k 32@2012) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 14-02-2017 dks
çkIr gqvk FkkA
¹la- ,y&41012@03@2012&vkbZvkj (ch&I)º
ch- ,l- fc"V] vuqHkkx vf/dkjh
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.
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938
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
Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938
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
Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938
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)]
ubZ fnYyh] 14 iQjojh] 2017
dk-vk- 392-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj mÙkj 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;] t;iqj ds iapkV (lanHkZ la[;k 33@2012) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 14-02-2017 dks
çkIr gqvk FkkA
¹la- ,y&41012@02@2012&vkbZvkj (ch&I)º
ch- ,l- fc"V] vuqHkkx vf/dkjh
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
Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938
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
dk-vk- 393-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj mÙkj 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;] t;iqj ds iapkV (lanHkZ la[;k 34@2012) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 14-02-2017 dks
çkIr gqvk FkkA
¹la- ,y&41012@01@2012&vkbZvkj (ch&I)º
ch- ,l- fc"V] vuqHkkx vf/dkjh
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.
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938
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.
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938
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
Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938
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)]
ubZ fnYyh] 14 iQjojh] 2017
dk-vk- 394-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj mÙkj 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;] t;iqj ds iapkV (lanHkZ la[;k 44@2012) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 14-02-2017 dks
çkIr gqvk FkkA
¹la- ,y&41012@15@2012&vkbZvkj (ch&I)º
ch- ,l- fc"V] vuqHkkx vf/dkjh
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
Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938
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
Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938
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
Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938
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
Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938
827
ubZ fnYyh] 14 iQjojh] 2017
dk-vk- 395-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj mÙkj 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;] t;iqj ds iapkV (lanHkZ la[;k 46@2012) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 14-02-2017 dks
çkIr gqvk FkkA
¹la- ,y&41012@10@2012&vkbZvkj (ch&I)º
ch- ,l- fc"V] vuqHkkx vf/dkjh
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
Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938
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
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938
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
Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938
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)]
ubZ fnYyh] 14 iQjojh] 2017
dk-vk- 396-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj mÙkj 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;] t;iqj ds iapkV (lanHkZ la[;k 52@2012) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 14-02-2017 dks
çkIr gqvk FkkA
¹la- ,y&41012@09@2012&vkbZvkj (ch&I)º
ch- ,l- fc"V] vuqHkkx vf/dkjh
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
Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938
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
Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938
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).
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938
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
Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938
841
ubZ fnYyh] 14 iQjojh] 2017
dk-vk- 397-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj mÙkj 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;] t;iqj ds iapkV (lanHkZ la[;k 57@2012) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 14-02-2017 dks
çkIr gqvk FkkA
¹la- ,y&41012@11@2012&vkbZvkj (ch&I)º
ch- ,l- fc"V] vuqHkkx vf/dkjh
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
Hkkjr dk jkti=k % iQjojh 18] 2017@ek?k 29] 1938
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'